HomeMy WebLinkAbout2005-09-06 (6)Regular Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Tuesday, September 6, 2005
5:10 P.M. - Room B-8
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audiotape of the 5:10 p.m. portion of this meeting
and a videotape of the 6:00 p.m. portion of this meeting
are on file in the Office of the City Clerk.
The 4:00 p.m. portion of the meeting was recessed by Deputy City Clerk Kelly Mandic to 5:00
p.m. in Room B-8 due to a lack of quorum.
Call to Order
Mayor Hardy called the regular meetings of the City Council/Redevelopment Agency of the City of
Huntington Beach to order at 5:10 p.m. in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
Absent: None
Public Comments - None
The City Clerk Announced No Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced no Late
Communications regarding agenda items had been received by her office following distribution
of the agenda packet.
Motion to Recess to Closed Session — Approved
A motion was made by Green, second Bohr to recess to Closed Session on the following items.
The motion carried by the consensus of all present, none absent.
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
City is a party. The title of the litigation is Vera Galitzen v. City of Huntington Beach, Orange
County Superior Court Case No. 05CC05802. Subject: Vera Galitzen v. City of Huntington
Beach. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
City is a party. The title of the litigation is Maneck Bhujwala v. City of Huntington Beach,
Orange County Superior Court Case No. 05CCO2532. Subject: Maneck Bhujwala v. City of
Huntington Beach. (120.80)
(2) September 6, 2005 - Council/Agency Minutes - Page 2
(City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with
its designated representatives: Agency Negotiators: Penelope Culbreth-Graft, City
Administrator; Dan Villella, Finance Officer; and Irma Youssefieh, Human Resources Manager
regarding labor relations matters — meet and confer with the following employee organizations:
SCLEA and MSOA. Subject: Labor Relations — Meet & Confer. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.8 to give
instructions to the City's Negotiator, Deputy City Attorney Leonie Mulvihill, regarding
negotiations with Fountain Valley School District concerning the purchase of the property
located at 9191 Pioneer Drive. Instruction will concern: Both price and terms of payment.
Subject: Real Property Negotiations re: Purchase of Property Located at 9191 Pioneer
Drive. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.8 to give
instructions to the City's Negotiator, Deputy City Attorney Leonie Mulvihill, regarding
negotiations with Fountain Valley School District concerning the purchase of the property
located at 10251 Yorktown Avenue. Instruction will concern: Both price and terms of payment.
Subject: Real Property Negotiations re: Purchase of Property Located at 10251 Yorktown
Avenue. (120.80)
Reconvened City Council/Redevelopment Agency Meeting — 6:11 P.M. — Council
Chambers.
City Council/Redevelopment Agency Roll Call
Present: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
Absent: None
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B).
Mayor Hardy asked City Attorney Jennifer McGrath if there were any actions taken by the City
Council or Redevelopment Agency in Closed Session that required a reporting. City Attorney
McGrath responded that there were no actions to report.
Fire Chief Duane Olson made an announcement about public safety in the Chambers, asking
those standing in the back of the room to relocate to the seats in the adjacent rooms.
Mayor Hardy announced the passing of Fire Department employee Marianne Vinson on
September 6, 2005 and of Chauncey Alexander, long time community activist, on August 30,
2005.
Pledge of Allegiance — Led by Mayor Hardy
Invocation — Led by Father Christian Mondor, Saints Simon and Jude
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced Late
Communications regarding agenda items that had been received by her office following
distribution of the agenda packet:
(3) September 6, 2005 - Council/Agency Minutes - Page 3
Communication submitted by Susan Worthy dated September 2, 2005 titled "Business
Improvement District (BID) complaint "
Communication submitted by Gregory K. Herr, Planning and Resources Specialist of the Irvine
Ranch Water District (IRWD) stating the IRWD considers the response to their May 27, 2005
comment letter for the Draft Recirculated Environmental Impact Report (DREIR) to be
inadequate.
Communication submitted by Margaret Carlberg dated August 31, 2005 supporting the construction
of the Poseidon Water Treatment Facility in Huntington Beach.
Communication submitted by John Trommald dated September 1, 2005 supporting Poseidon
Resources.
Communication submitted by Stephanie Chow received by the City Clerk's office September 2,
2005 in favor of approving the proposed Huntington Beach water treatment facility.
Communication submitted by Bob Polkow dated September 6, 2005 in favor of approving the
proposed Huntington Beach water treatment facility.
Communication submitted by Ann Tweedy dated September 1, 2005 in opposition to the
development of the proposed Huntington Beach water treatment facility.
Communication submitted by Jill Fabian dated September 6, 2005 stating opposition to the
seawater desalination project (Poseidon.)
Communication submitted by Mike Grumet dated September 6, 2005 stating support for the
seawater desalination project.
E-mail from the Hblifeguy@aol.com dated September 6, 2005 stating support for the desalination
project.
Communication from Ronald A. Van Blarcom of Van Blarcom, Leibold, McClendon & Mann, P.C.
the firm that represents Poseidon Resources Corporation dated September 6, 2005 and titled
Certification of Recirculated Environmental Impact Report No. 00-02 (Seawater Desalination Project
at Huntington Beach); Agenda Item D-4a for the September 6, 2005 Council Meeting stating the
REIR meets all of the legal requirements imposed under CEQA and requesting that Council certify
the REIR.
Communication from Billy Owens, Sr. Vice President of Poseidon Resources dated September 6,
2005 requesting twenty (20) minutes at the Public Hearing on the seawater desalination project to
present Poseidon's view on the proposal for the city and for the record of the hearing.
Communication from Allan L. Roeder, City Manager, City of Costa Mesa dated September 6, 2005
titled Environmental Impact Report 00-02; Seawater Desalination Project in Huntington Beach
requesting information provided with the letter be included as part of the Public Record.
Communication from Billy Owens, Sr. Vice President of Poseidon Resources dated September 6,
2005 transmitting comments for the record regarding Agenda Items D-4a and D-4b and requesting
certification of the Recirculated EIR, Administrative Approval of CUP/CDP and outlining other items
for clarification.
(4) September 6, 2005 - Council/Agency Minutes - Page 4
Communications delivered to City Councilmembers via the U.S. Post Office, e-mail or hand
delivered and received after packet distribution of August 31, 2005 and prior to 4 p.m. September 6,
2005. Emails in support —15, opposition — 62; Postcards in support - 525, opposition - 740; Letters
in support —12, opposition — 7. The numbers indicate item count only and do not indicate the
number of households or individuals.
Communication from James C. Hughes of McKenna Long & Aldridge, Attorneys at Law dated
September 6, 2005 titled Bella Terra Shopping Center, Proposed Zoning Amendment to Specific
Plan No. 13 stating opposition to the proposal in its entirety and advising that adoption of the
proposal with respect to SP 13 is legally impermissible.
Communication submitted by Tom Luster, Energy and Ocean Resources Unit, California
Coastal Commission dated September 6, 2005 titled Proposed Certification of EIR for Poseidon
Desalination Facility.
Communication submitted by Jim Adams, undated, titled Citizens for Clean Water, affiliated with
the LA/O Building & Construction Trades Council, which is a collection of 63 letters in support of
the Poseidon Resources desalination project.
The Following Additional Late Communications Were Submitted During the Meeting:
Communication submitted by Jim Adams dated September 6, 2005 titled Public Hearing for the
proposed Poseidon Desalination Project, in support.
Communication submitted by Randy Kokal dated September 19, 2002 titled Poseidon Seawater
Desalination Project Draft Environmental Impact Report (EIR No. 00-02), which is an inter -
department communication from Howard Zelefsky, Planning Director to Planning Commission
members.
PowerPoint slide report submitted by Edward DeMeulle, undated, titled Leadership — The
Essence of Leadership is Vision.
PowerPoint slide report submitted by Eileen Murphy, undated, titled Desalination Task Force
Members.
Two communications submitted by David and Tim Geddes: a PowerPoint slide report, undated,
titled Poseidon Pipeline Obstacles and Impacts and a document containing 104 signatures titled
Southeast Huntington Beach Neighborhood Petition Opposing the Poseidon Resources Corp.
Desalination Plant.
PowerPoint slide report submitted by Dr. Bob Smith, undated, titled Observation 1.
PowerPoint slide report submitted by Topper Horack, undated, titled Recirculated Environmental
Impact Report (RE/R) No. 00-02, Seawater Desalination Facility.
Communication submitted by Shannon Pankratz dated December 14, 2004 titled The Poseidon
Plant. Desalination in Huntington Beach.
(5) September 6, 2005 - Council/Agency Minutes - Page 5
PowerPoint report submitted by Jan Vandersloot, undated, titled Deficiencies in DREIR for
Poseidon Desalination Facility relating to Biological Impacts including Entrainment,
Impingement, and Salinity.
Communication submitted by Connie Boardman dated April 9, 2001 titled Comments of the City
of Huntington Beach on the Presiding Member's Proposed Decision, which is a copy of a
document heard before the Energy Commission of the State of California.
PowerPoint slide report submitted by Marinka Horack, undated, titled Negative Impact of a
Private Pipeline and Traffic on Huntington Beach.
PowerPoint report submitted by Councilmember Debbie Cook, undated, titled Water -Energy
Comparison.
Presentation - Mayor Jill Hardy called on Ron McLin, President of the Huntington Beach
Restaurant Association, who presented a check to JoAnne Rankin who is President of the Friends
of the Children's Library and Principal Librarian Nanci Williams. The money was raised from the
Taste of Huntington Beach event. (160.40)
Presentation - Mayor Jill Hardy called on Senior Services Supervisor Randy Pesqueira to
introduce Council on Aging President Bob Dettloff. COA President Bob Dettloff presented a check
for $18,000 to the City of Huntington Beach Senior Services for their Care Management Program.
(160.40)
Presentation - Mayor Jill Hardy presented commendations to the members of the South
Huntington Beach Girls' Fastpitch Softball team called the "Surf City Heat." The team took second
place in the Western B All -Star National Championships. (160.40)
(City Council) Announcements Made Regarding Hurricane Katrina Efforts (120.85)
Councilmember Coerper made an announcement about Hurricane Katrina and spoke regarding
related fundraising efforts. Fire Chief Olson reported on collections of relief funds, and of
deployment of two teams (four individuals) to help. He announced collections of funds are also
being made at Pier Plaza. Councilmember Coerper announced $50,000 donations from Aera
Energy Systems. Police Chief reported on department members who volunteered to help in
Louisiana. Mayor Hardy announced that donation items are still being collected at City Hall through
September for the Second Harvest Food Bank, whose efforts will also benefit hurricane victims.
Public Comments
Gerald Chapman spoke regarding the Consent Calendar item pertaining to Resolution 2005-59
stating that he lives in the related assessment district. Mr. Chapman proposed Council direct
money into the infrastructure fund rather than the general fund, and stated his opinion that funds
should be used to the benefit of citizens.
Reverend Bruce Templeton, Minister of First Christian Church of Huntington Beach, expressed
his appreciation for residents who participated in relief efforts, collecting 110,000 Ibs of food & water
and raising approximately $60,000.00.
(6) September 6, 2005 - Council/Agency Minutes - Page 6
Allen Baylis, resident, spoke regarding the agenda item pertaining to lattice fence extensions with
Neighborhood Notification stating concerns that fees required for notification cost more than
material to construct the improvements.
Mike Adams spoke regarding the agenda item pertaining to a proposed amendment to Specific
Plans voicing his concerns about the proposed changes and the appeal process for developers.
Mr. Adams encouraged Council to continue with discussion of the item and to take no action at this
meeting.
Lindsay Parton, spoke on behalf of DJM Capital Partners, Inc and J.H. Snyder Corp., asking
Council to reconsider approving the agenda item pertaining to a proposed amendment to Specific
Plans. Ms. Parton stated concerns about delays that she said will be caused in development
projects by the changes.
Je'net Krectner spoke on behalf of the Second Harvest Food Bank and gave an update on food
drive results. She announced donations made by the Huntington Beach Auto Dealers Association
and collected at resident Erica Zelmer's block party. Ms. Krectner challenged each City resident to
bring a case of water to City Hail to help with the relief effort.
Dick Harlow, Chairman of the Chamber of Commerce Community Development Committee spoke
regarding the agenda item pertaining to a proposed amendment to Specific Plans and the
Conditional Use Permit (C.U.P.) process. He requested Council hold a meeting to address
concerns before action is taken. Mr. Harlow also stated concurrence with a previous speaker who
asked surplus funds be sent to the infrastructure fund, with regards to the Consent Calendar item
pertaining to Resolution 2005-59.
Ron McLin spoke in favor of the Downtown Business Improvement District (B.I.D.), of progress
made by the district and goals set for the future.
Norm Firecracker Westwell asked Council to move the agenda item pertaining to the seawater
desalination project (Poseidon) up on the agenda to be held after public comments.
Carole Ann Wall, affiliated with the Therapeutic Riding Center, described the services provided by
the Center and announced an October fest fundraising event being held on September 11, 2005.
Ms. Wall announced tickets include admission and dinner with many different activities, further
information can be obtained at hbtrc.com or 960-4675 and Old World is donating services.
Steve Stafford voiced his opinion on the Consent Calendar item pertaining to an agreement
between the City and the County for Animal Care Services stating that the City should operate its
own animal control. Mr. Stafford also spoke on the agenda item pertaining to Verizon work on
private streets, thanking Councilmember Cook for bringing the item to the Council and stating
concerns about Verizon's construction.
(City Council) Continued to September 19, 2005 - Verizon Work on Private Streets (120.90)
The City Council considered a communication from Councilmember Cook transmitting the
following Statement of Issue: Verizon's "Fiber to the Premises" (FTTP) project involves street
work throughout most of Huntington Beach. Verizon is required to obtain a Utility Encroachment
Permit from the Public Works Department for inspection of work within the public right-of-way.
The construction work affecting street pavement and concrete sidewalk areas consists of boring
and open cut trenching to install conduits through which the fiber optic cables will be pulled.
(7) September 6, 2005 - Council/Agency Minutes - Page 7
The Public Works Department has the ability to require street restoration and concrete replacement
in the public right-of-way. On private streets, areas covered by homeowners associations (HOA),
Verizon may request access to these areas directly through the HOA with no Public Works
encroachment permit required. Most HOAs do not have the expertise to condition and inspect the
work of Verizon's subcontractors.
It is important that these HOAs be provided the opportunity to retain professional assistance to
properly oversee the work on their private streets and sidewalks. This assistance could be made
available by private consulting inspection firms or through the city's Public Works Department.
Recommended Action:
1. Direct staff to develop a communication tool that provides HOAs the adopted standards for
restoration of infrastructure so that each HOA may retain its own consulting inspection; and/or
2. Direct staff to develop a "template" agreement in coordination with the City Attorney's office that
allows HOAs to compensate the city for inspection services. Include in the agreement the
necessary releases of liability.
Each of these approaches would allow the HOAs to charge Verizon for the right to work on the
private streets to offset the cost of inspection.
A motion was made by Cook, second Sullivan to continue the agenda item pertaining to Verizon
work on private streets to the next regular Council Meeting September 19, 2005. The motion
carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
A motion was made by Hansen (no second) to suspend Public Comments on the seawater
desalination project until the public hearing is opened. Mayor Pro Tern Sullivan stated his
opposition to motion. Mayor Hardy also stated opposition.
A substitute motion was made by Bohr, second Sullivan to move the agenda item pertaining to the
seawater desalination project to before the other public hearings.
Mayor Hardy stated her opposition to the motion.
Councilmember Bohr suggested amending the motion to continue the other three Public Hearing
items on the agenda until September 19, 2005. The Second to the motion agreed. The motion
carried by the following roll call vote:
AYES: Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: Hansen
ABSENT: None
(City Council) Public Hearing Continued to September 19, 2005 -- Resolution No. 2005-58
Approving an Annual Assessment Within the Huntington Beach Hotel/Motel Business
Improvement District for Fiscal Year 2005-2006 (460.30)
The City Council considered a communication from the Acting Director of Economic
Development transmitting the following Statement of Issue: At the City Council meeting of
August 15, 2005 the City Council approved Resolution No. 2005-57. This action declared the
(8) September 6, 2005 - Council/Agency Minutes - Page 8
City's intention to levy an assessment for the Huntington Beach Hotel/Motel Business
Improvement District for 2005-2006 and authorized the City Clerk to schedule a public hearing
to be held on September 6, 2005. Copies of the Resolution, Boundary Map and assessment
formula were sent to each business to be assessed. In follow-up to this action, the City Council
must now hold a public hearing and pass a resolution approving an annual assessment for the
2005-2006 fiscal year.
Recommended Action: Motion to:
1. Conduct Public Hearing
and
2. Adopt City Council Resolution No. 2005-58 — "A Resolution of the City Council of the City of
Huntington Beach Approving an Annual Assessment Within the Huntington Beach HotetlMotel
Business Improvement District for Fiscal Year 2005-2006."
On motion by Bohr, second Sullivan (Approved 6-1) the Public Hearing was continued to
September 19, 2005.
(City Council) Public Hearing Continued to September 19, 2005 — Resolution No. 2005-60
Approving an Annual Assessment Within the Huntington Beach Downtown Business
Improvement District for Fiscal Year 2005-2006 (460.30)
The City Council considered a communication from the Acting Director of Economic
Development transmitting the following Statement of Issue: At the City Council meeting of
August 15, 2005, the City Council approved Resolution No. 2005-53. This action declared the
City's intention to levy an assessment for the Huntington Beach Downtown Business
Improvement District for 2005-2006 and authorized the City Clerk to schedule a public hearing
to be held on September 6, 2005. Copies of the Resolution, BID Boundary Map and
assessment formula were sent to each business to be assessed. In follow-up to this action, the
City Council must now hold a public hearing and pass a resolution approving an annual
assessment for the 2005-2006 fiscal year, assuming the protest threshold is not reached.
Recommended Action: Motion to:
1. Conduct public hearing.
and
2. Adopt City Council Resolution No. 2005-60 "A Resolution of the City Council of the
City of Huntington Beach Approving An Annual Assessment Within the Huntington
Beach Downtown Business Improvement District for Fiscal Year 2005-2006."
On motion by Bohr, second Sullivan (Approved 6-1) the Public Hearing was continued to
September 19, 2005.
(City Council) Public Hearing Continued to September 19, 2005 — Resolution No. 2005-61
Approving an Annual Assessment for the Huntington Beach Auto Dealers Business
Improvement District for Fiscal Year 2005-2006. (460.30)
The City Council considered a communication from the Acting Director of Economic
Development transmitting the following Statement of Issue: At the City Council meeting of
August 15, 2005, the City Council approved Resolution No. 2005-52. This action declared the
(9) September 6, 2005 - Council/Agency Minutes - Page 9
City's intention to levy an assessment for the Huntington Beach Auto Dealers Business
Improvement District for 2005-2006 and authorized the City Clerk to schedule a public hearing
to be held on September 6, 2005. Copies of the Resolution, BID Boundary Map and
assessment formula were sent to each business to be assessed. In follow-up to this action, the
City Council must now hold a public hearing and pass a resolution approving an annual
assessment for the 2005-2006 fiscal year.
Recommended Action: Motion to:
1. Conduct Public Hearing
and
2. Adopt City Council Resolution No. 2005-61 — "A Resolution of the City Council of the City of
Huntington Beach Approving an Annual Assessment Within the Huntington Beach Auto Dealers
Association Business Improvement District for Fiscal Year 2005-2006."
On motion by Bohr, second Sullivan (Approved 6-1) the Public Hearing was continued to
September 19, 2005.
Public Comments
John F Scott, 33-year Southeast resident gave a PowerPoint report depicting various "Visions" of
Southeast Huntington Beach and spoke in opposition to the proposed Poseidon Desalination Plant
Jerry Falabella, homeowner since the 1970's, voiced concerns about what he stated were streets
torn up due to sewer pipe and other construction and opposition to more street construction for a
desalination pipeline. Mr. Falabella also voiced concern that water produced by the proposed plant
will not be used in Huntington Beach, and the effects of the plant on the ocean and environment.
Richard Kelly, long-term resident, spoke regarding environmental concerns associated with the
Poseidon project and asked Council to do what is best for the City and the City's beach.
Gerald Caterina, 25-year resident, voiced his opinion that the developer is behind all support for
the desalination project. Mr. Caterna also spoke regarding property taxes, suggesting a
contractual relationship between Poseidon and the City be formed to ensure the City receive a
discounted rate for water.
Joe Jeffrey, 33-year resident, spoke in favor of the proposed desalination plant and refuted claims
of those opposed to the project. He stated benefits of the project including no cost to the City,
increased taxes collected by the City, improvement of the AES site, and job -creation. Mr. Jeffrey
referred to the proposed plant as a win -win situation.
Rich Kolander, retired Boeing engineer, spoke to address claims made by Southeast Huntington
Beach Neighborhood Association. Mr. Kolander refuted some comments made, including those
made about the need for additional water sources in Huntington Beach, and asked Council to place
more value on expert opinions.
(10) September 6, 2005 - Council/Agency Minutes - Page 10
Shawn Thompson-McGarrigle, registered civil engineer, urged Council to deny the seawater
desalination project Conditional Use Permit and Coastal Development Permit. She stated her
concerns included those with water quality and environmental. Ms. McGarrigle also expressed
concerns about energy required to operate the proposed desalination plant.
Michael Scavo, referred to the AES plant construction and permits and spoke in favor of the
proposed desalination plant and the need for more water in the City. Mr. Scavo also listed other
benefits to the City, including increased tax income and emergency access to water.
Tim Baker, 36-year resident, stated his opposition to the proposed desalination plant due to
pollution concerns.
Bill Gregory, 20-year resident representing the Huntington Beach/Seal Beach Chapter of Surfrider
Foundation, spoke in opposition to Poseidon but not in opposition to seawater desalination. He
stated his opinion that Poseidon has not addressed the water quality concerns. Mr. Gregory also
stated his opinion the Environmental Impact Report (EIR) does not cover the benefits of
conservation.
Eric Owen, 38-year resident, spoke in favor of the proposed desalination plant since it will increase
the water supply.
Monika Galluccio, 12-year resident, voiced environmental concerns in opposition to the proposed
desalination plant. She stated her opinion the ocean in Huntington Beach is "sick" and must be
cleaned up, and gave examples of efforts made by her family to conserve and protect the
environment. Ms. Galluccio asked Council to check the background of the Poseidon company
before moving forward.
Brittni Newman spoke in opposition to the seawater desalination plant stating environmental
concerns and enjoyment of a clean ocean.
(City Council) Councilmember Coerper and Mayor Pro Tern Sullivan Reported on "3/1"
Marine Battalion (110.20)
Councilmember Coerper reported on the "3/1" Marine Battalion announcing that some marines
are being sent back to Iraq. He also showed pictures of an event held at Camp Pendelton, and
announced that his son returns from Iraq September 9, 2005. Mayor Pro Tern Sullivan also
reported on the event and the sponsorship.
Mayor Hardy announced 9-11 Remembrance Event to be held at 11:00 a.m. at Pier Plaza on
September 11, 2005.
(City Administrator's Report) Penny Culbreth-Graft Recognized Three Outstanding Staff
Members (100.30)
City Administrator Penny Culbreth-Graft recognized three outstanding staff members who have
filled roles in interim positions during the last few months. Public Works Director Robert
Beardsley was recognized for his work as Interim Assistant City Administrator. Deputy City
Administrator Paul Emery was recognized for his work as Interim Public Works Director.
Information Services Business Manager Behzad Zamanian was recognized for his work as
Interim Information Services Director.
(11) September 6, 2005 - Council/Agency Minutes - Page 11
(City Council) Part 1 of 2 Parts of Public Hearing Held: Certified Recirculated Environmental
Impact Report (REIR) No. 00-02 for Seawater Desalination Project (Poseidon) - Approved
Resolution No. 2005-62. For Part 2 — See Agenda Item to Follow. (520.70)
Mayor Hardy announced that this was the time noticed for a public hearing to consider the
following:
Applicant: Poseidon Resources Corporation
Request: To analyze the potential environmental impacts associated with the implementation of a
proposed 50 million gallons per day seawater desalination project.
Location: 21730 Newland (east side, south of Edison Avenue)
Project Planner: Ricky Ramos, Associate Planner
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Associate Planner Ricky Ramos gave a PowerPoint report titled Recirculated Environmental Impact
Report (REIR) No. 00-02, Seawater Desalination Facility, which was included in the agenda packet.
Councilmembers made preliminary inquiries regarding impingement and entrainment reports,
holding tanks, buffers between established and new pipelines, manifolding, urban runoff, and the
difference between the EIR and the CUP/CDP. Staff responded to all inquiries and Public Works
Director Robert F. Beardsley agreed to research the required distance between water and sewer
lines. Principal Planner MaryBeth Broeren reported that the EIR is a report and the CUP/CDP are
land use decisions. Planner Ramos then gave a PowerPoint report titled CUP No. 02-04/CDP No.
02-05, Poseidon Seawater Desalination Plant, which was included in the agenda packet.
Mayor Hardy declared the public hearing open.
Prior to announcing the public speakers, the City Clerk restated for the record the following Late
Communications which pertain to this public hearing:
Communication submitted by Gregory K. Herr, Planning and Resources Specialist of the Irvine
Ranch Water District (IRWD) stating the IRWD considers the response to their May 27, 2005
comment letter for the Draft Recirculated Environmental Impact Report (DREIR) to be
inadequate.
Communication submitted by Margaret Carlberg dated August 31, 2005 supporting the construction
of the Poseidon Water Treatment Facility in Huntington Beach.
Communication submitted by John Trommald dated September 1, 2005 supporting Poseidon
Resources.
Communication submitted by Stephanie Chow received by the City Clerk's office September 2,
2005 in favor of approving the proposed Huntington Beach water treatment facility.
Communication submitted by Bob Polkow dated September 6, 2005 in favor of approving the
proposed Huntington Beach water treatment facility.
(12) September 6, 2005 - Council/Agency Minutes - Page 12
Communication submitted by Ann Tweedy dated September 1, 2005 in opposition to the
development of the proposed Huntington Beach water treatment facility.
Communication submitted by Jill Fabian dated September 6, 2005 stating opposition to the
seawater desalination project (Poseidon.)
Communication submitted by Mike Grumet dated September 6, 2005 stating support for the
seawater desalination project.
E-mail from the Hblifeguy@aol.com dated September 6, 2005 stating support for the desalination
project.
Communication from Ronald A. Van Blarcom of Van Blarcom, Leibold, McClendon & Mann, P.C.
the firm that represents Poseidon Resources Corporation dated September 6, 2005 and titled
Certification of Recirculated Environmental Impact Report No. 00-02 (Seawater Desalination Project
at Huntington Beach); Agenda Item D-4a for the September 6, 2005 Council Meeting stating the
REIR meets all of the legal requirements imposed under CEQA and requesting that Council certify
the REIR.
Communication from Billy Owens, Sr. Vice President of Poseidon Resources dated September 6,
2005 requesting twenty (20) minutes at the Public Hearing on the seawater desalination project to
present Poseidon's view on the proposal for the city and for the record of the hearing.
Communication from Allan L. Roeder, City Manager, City of Costa Mesa dated September 6, 2005
titled Environmental Impact Report 00-02, Seawater Desalination Project in Huntington Beach
requesting information provided with the letter be included as part of the Public Record.
Communication from Billy Owens, Sr. Vice President of Poseidon Resources dated September 6,
2005 transmitting comments for the record regarding Agenda Items D-4a and D-4b and requesting
certification of the Recirculated EIR, Administrative Approval of CUP/CDP and outlining other items
for clarification.
Communications delivered to City Councilmembers via the U.S. Post Office, e-mail or hand
delivered and received after packet distribution of August 31, 2005 and prior to 4 p.m. September 6,
2005. Emails in support — 15, opposition — 62; Postcards in support - 525, opposition - 740; Letters
in support - 12; opposition — 7. The numbers indicate item count only and do not indicate the
number of households or individuals.
Communication from James C. Hughes of McKenna Long & Aldridge, Attorneys at Law dated
September 6, 2005 titled Bella Terra Shopping Center, Proposed Zoning Amendment to Specific
Plan No. 13 stating opposition to the proposal in its entirety and advising that adoption of the
proposal with respect to SP 13 is legally impermissible.
Communication submitted by Tom Luster, Energy and Ocean Resources Unit, California
Coastal Commission dated September 6, 2005 titled Proposed Certification of EIR for Poseidon
Desalination Facility.
Communication submitted by Jim Adams, undated, titled Citizens for Clean Water, affiliated with
the LA/O Building & Construction Trades Council, which is a collection of 63 letters in support of
the Poseidon Resources desalination project.
(13) September 6, 2005 - Council/Agency Minutes - Page 13
Billy Owen, Applicant, commented on proposed Poseidon water pipelines and introduced two other
speakers on behalf of the applicant. He also announced the names of three other individuals
representing Poseidon who were available to answer questions.
Andy Kingman, CEO of Poseidon Resources, presented a PowerPoint report that gave an
overview of Poseidon's background and successes, the project, and the proposed facility outlining
the benefits to the City.
Ron Devine, pipeline construction engineer for Poseidon, gave a PowerPoint report detailing the
proposed pipeline route and clarifying the difference between a water pipeline and a sewer pipeline.
Council discussion was held regarding preliminary supply agreements, sizes of pipes and pressure
inside pipes, level of the water table, pipe crossings, hours of operation, examples of unpredictable
emergencies, heat treatment, power shortages, chemicals used at the facility, and water rates.
Public Comments
Dean Albright, affiliated with Huntington Beach Tomorrow, referred to a communication he had
previously distributed to Council. He spoke of dam and water tours, water treatment plants, and
projected the 20-year need for water sources. Mr. Albright suggested the CUP be discussed at a
later date.
Nancy Donaven voiced findings and recommendations made by a task force she said was in
opposition to the proposed Poseidon plant. Ms. Donaven stated disadvantages of the project to the
City, and asked Council not to certify the EIR.
Joe Carchio, Downtown Huntington Beach restaurant owner, spoke in favor of the project and of
an increased water supply. Mr. Carchio also announced a September 11 all day fundraiser from
noon to 9 p.m. with funds to be given to the Red Cross, and the sponsorship of a hurricane -affected
family.
Ms. EI-Ahraf spoke on behalf of Dr. Amer EI-Ahraf, professor for environmental health, in
opposition to the desalination plant citing environmental concerns. Ms. EI-Ahraf asked Council to
find the EIR inadequate as some experts have.
Ed Zschoche, 32-year South Huntington Beach resident, voiced concerns for quality of life in his
neighborhood and opposition to the proposed plant. Mr. Zschoche gave examples of other areas of
the City that were redeveloped to the benefit of property values.
Craig Keshishian spoke on behalf of Congressman Dana Rohrbacher and read a letter from the
Congressman addressed to the Mayor. The letter stated support for the project as an additional
water source for Huntington Beach. Mr. Keshishian urged Council to certify the EIR.
Brian Lochrie spoke in favor of the project citing needs for water and tax dollars. Mr. Lochrie
referred to water district findings that water needs will exceed demands by 2025, and that the
proposed site for the plant is ideal.
Eileen Murphy, affiliated with Residents for Responsible Desalination, spoke in opposition to the
project and asked Council to deny the EIR as inadequate. Ms. Murphy also spoke regarding
desalination task force members and their mission.
(14) September 6, 2005 - Council/Agency Minutes - Page 14
Merle Moshiri referred to over 4,300 cards she said were submitted to Council in opposition to the
proposed project. Ms. Moshiri thanked volunteers, and discredited claims made by Poseidon.
Dr. Bob Smith, Professor at California State University Long Beach, presented four observations in
rebuttal to the EIR as detailed in a PowerPoint slide report.
Ken Maylone voiced his support for the proposed desalination project and displayed a chart to
illustrate dispersion of the contents of the outfall pipe.
Ron Van Blarcom, Attorney for Poseidon with Van Blarcom, Leibold, McClendon & Mann, referred
to a letter he submitted to Council and stated his availability for questions. Mr. Van Blarcom
encouraged Council to follow the staff recommendation and certify the EIR.
Jim Adams, building & construction trade union attorney, spoke in support of approving the EIR
and CUP stating the project is good for the community, will create jobs, and help ease drought. Mr.
Adams refuted any negative impacts on marine life.
Katie Ageson, Southeast resident, spoke in support of the project. She stated 65% of residents in
92646 support the project, with over 3,000 cards submitted in support. Ms. Ageson cited benefits of
the project and urged Council to approve it in order to fund needed local improvements.
Eddie Barnes, local surfer since 1959, spoke in support of the project and spoke regarding project
labor agreements (PLAs). Mr. Barnes asked Council to work on a remedy for the water shortage
today.
Elaine Archibald, water quality consultant for public and private agencies, spoke about studies that
support the claim that the AES power plant is not contributing to local water quality issues. Mr.
Archibald asked council to certify the EIR.
Cathy Daugherty, President of National Association of Women Business Owners, Orange County
Chapter spoke in favor of the project as a solution to water supply concerns. Ms. Daugherty asked
Council to support the project.
Dale Dunn, 39-year resident, spoke in support of the project. Mr. Dunn asked Council to get
started now in planning for the future needs of citizens.
Barbara Delgleize, Representative for Orange County Association of Realtors, spoke in support of
the project. Ms. Delgleize asked Council to consider the long term with this issue and to approve
the project tonight.
Jeff Graham, environmentalist and marine biologist, spoke regarding studies he had made of the
issues and his conclusion that a desalination plant works well with an energy plant. Mr. Graham
stated his support for the project.
Scott Jenkins, physical oceanographer, spoke regarding further studies made since the initial EIR
and summarized that minimal changes to the EIR were necessary.
Jim McLaughlin, Huntington Beach realtor, spoke in support of the desalination plant and urged
Council to certify the EIR and approve the CUP.
(15) September 6, 2005 - Council/Agency Minutes - Page 15
David Mayer, representing the firm that conducted intake studies, addressed comments made
earlier that evening about the AES study and impingement concerns. Mr. Mayer stated support for
the project.
Councilmember Cook inquired if the previous speaker read the AES study submitted to the CEC,
and if the study was final. Mr. Mayer stated that the study was not final.
Councilmember Green inquired if impingement or entrainment were at 100%. Mr. Mayer responded
that there is zero impingement and 95% entrainment.
Ed Means, drinking water quality consultant, spoke regarding water supply reliability and the
contribution of desalination projects as well as the water quality of water produced by desalination
plants, in support of the project.
Councilmember Cook spoke regarding a Yuma, Arizona water treatment facility that discontinued
operations due to expenses, asking for the previous speaker's opinion. Mr. Means responded,
stating that water supplied by that facility is not configured for Southern California due to water
rights issues.
Councilmember Green inquired about a statement made that, "We are two winters away from water
rationing." Mr. Means clarified the statement. Councilmember Green also commented on
desalination plant subsidies. Councilmember Cook stated that subsidies are only available to public
agencies, and Mr. Means concurred.
Bob Harrison, 35-year resident, spoke in support of the project and benefits to the City. Mr.
Harrison also stated disadvantages to the City if the project is not approved.
Don MacAllister, former Mayor and Councilmember, gave a PowerPoint presentation and stated
his support for desalination as a means to supply needed water.
Dave Stefanides, Orange County Association of Realtors representative, spoke in support of the
project and of assistance, in the form of water supply, to rest of the county.
Reed Royalty, President of Orange County Taxpayers Association, spoke in support of the project,
asserting four reasons why it is a good idea for Huntington Beach.
Councilmember Cook asked the previous speaker if his association supports subsidies.
Mr. Royalty responded that in general, they do not.
Cathy Meschuk thanked the Councilmembers for their efforts. She asked Council to think of
children and seniors that will benefit from the project. Ms. Meschuk also cited benefits to the City
from increased tax dollars, and encouraged support of the project.
Joyce Riddell, Huntington Beach Chamber of Commerce Representative and 92646 Zip Code
resident, stated support for the project citing future water supply concerns, tax revenue benefits,
and minimal environmental impact. Ms. Riddell urged Council to approve the EIR, the CUP, and
the CDP.
Councilmember Cook announced there are currently no written agreements that will increase
revenues to the City, and any property taxes must be used in the redevelopment area.
(16) September 6, 2005 - Council/Agency Minutes - Page 16
Mayor Hardy inquired who would assess the tax base for the plant. Both staff and Applicant
reported, and submitted written information in the form of an economic and fiscal impact report to
Council.
Glenn Nolte, business representative for plumbers and steamfitters, spoke in favor of the project
on behalf of union members. Mr. Nolte thanked Council for its efforts, and also spoke regarding
Project Labor Agreements (PLAs).
Ray Roberts, resident since 1978 in 92646 Zip Code, spoke in opposition to the proposed plant.
He stated opposition to the AES plant, environmental concerns, and cautioned Council to obtain
adequate bonds to cover any potential construction damage. Mr. Roberts asked how he can obtain
campaign contribution information.
Bob Polkow spoke in support of the project and gave reasons why it would benefit the City and its
citizens. Mr. Polkow urged Council to approve the item.
Lou deBottari spoke in favor of the project and referred to a rebuttal study submitted to the
Department of Water and Power (DWP). Mr. DeBottari stated concerns if AES goes out of
business.
Doug Korthof, speaking on behalf of California Earthcorps, voiced his opposition to the project,
stressed alternatives, and cited concerns with the Tampa Bay project. He alleged large
desalination plants are not economically viable. Mr. Korthof stated his opinion that the EIR is
inadequate.
Pete Minko, resident, spoke in opposition to the project citing environmental concerns, concerns
with turbine engines, and financial concerns. Mr. Minko asked Council to carefully consider
speakers' motives.
Clayton King, resident since 1978, in Zip Code 92646 since 1988, stated dissatisfaction with
Poseidon's presentation and reasons for opposing the project including existence of conservation
alternatives. Mr. King stated concerns that there are no customers signed up for the water to be
produced by the plant.
Lynda Hernandez, resident of 92646 Zip Code, stated opposition to the project and refuted claims
that assert money will be provided to the City via increased tax dollars.
Marinka Horack presented a PowerPoint report and voiced her opposition to the project stating
concerns with the EIR, the pipeline project, the Ascon-Nesi cleanup and traffic impacts from laying
of the pipeline.
A motion was made by Green, second Cook pursuant to Resolution No. 2004-95, due to the hour of
the evening, to continue with the public hearing. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(17) September 6, 2005 - Council/Agency Minutes - Page 17
Eric Pendergraft, General Manager of AES power plant and resident, spoke regarding AES
operations, entrainment and impingement impacts, and other issues raised by opponents of the
project.
Edward DeMeulle, Southeast Huntington Beach resident, presented a PowerPoint report and
spoke in opposition to the project citing tourism concerns. Mr. DeMeulle spoke in favor of adding
commercial rather than industry to southeast Huntington Beach and asked Council to deny the EIR
John McGregor, resident since 1969, refuted claims made on T-shirts worn by other meeting
attendees, specifically regarding tax funds.
David Geddes spoke in opposition to the project and gave a PowerPoint report enumerating
perceived obstacles and impacts. The three obstacles Mr. Geddes cited were: pipeline proximity to
the Ascon-Nesi site, drainage channel issues, and the sewer pipeline.
Tim Geddes spoke in opposition to the project and gave more specific information relative to the
obstacles addressed by the prior speaker.
Scott Smith, Huntington Beach resident, read a letter from a Tampa Bay resident. The letter cited
concerns with the Florida water treatment project and advised Huntington Beach vote "No" on the
desalination project. Mr. Smith asked Council to do due diligence with regards to the guarantee
bonds.
Paul Horgan, resident of 92648 Zip Code, spoke in opposition to the project stating environmental
concerns and a perceived lack of benefits to the City. Mr. Horgan asked Council to deny the EIR.
Terry Schnitzer, South Huntington Beach resident, spoke regarding the Guantanamo Bay
desalination plant success from her experience living there. Ms. Schnitzer stated her support for
the project.
Milt Dardis, 36-year 92646 Zip Code resident, spoke regarding the fiduciary responsibility
councilmembers have to citizens to fully investigate Poseidon. Mr. Dardis stated his opposition to
Poseidon.
Julian Vochelli, 32-year resident, voiced concerns with Poseidon's project history and opposition
to the project.
Douglas Cable, 22-year resident, spoke in opposition to the project, questioning the validity of
Poseidon's survey, and stating concerns about methane and other chemicals.
Flossie Horgan voiced her opposition to Poseidon citing examples of failed projects and stated
Poseidon's record of performance is questionable.
Dr. Dallas Weaver, resident since 1975, referred to a letter from Mr. Luster he had downloaded
from the website of those in opposition to the project. Dr. Weaver alleged statements made in the
letter are incorrect or misleading.
Elaine Booth spoke on behalf of Women for Orange County stating opposition to the project and
support for greater conservation. Ms. Booth urged Council to vote "No."
(18) September 6, 2005 - Council/Agency Minutes - Page 18
Steve Spanier, with the Orange County chapter of Reclaimdemocracy.org, stated his concern with
private access to a public trust such as water.
Joe Geever, Southern California Regional Manager of the Surfrider Foundation, spoke in
opposition to the project stating that the EIR is flawed. Mr. Geever voiced concern for the mortality
of marine life.
Stephanie Pacheco urged a "No" vote on the project citing energy concerns, noise concerns from
turbine pumps, funding concerns, and potential for improvement in the area of conservation.
Carol Hughes, 30-year resident, spoke in opposition to the project stating concerns with impact on
beaches, pollution, and with the Tampa Bay treatment plant.
Larry Porter urged Council to find the Poseidon EIR insufficient. Mr. Porter referred to comments
made on postcards with the majority citing inadequacies.
Victor Leipzig stated he is a longtime environmentalist and supporter of the seawater desalination
project. Mr. Leipzig voiced his support of the project as being less destructive than some other
options.
Councilmember Cook commented on the Desalination Task Force, reclaimed water, and
emergency water needs.
Conner Everts, former Water Board Member in Ojai, spoke in opposition to the project citing plant
failures and lack of a water shortage. He asked Council to consider conservation and to vote "No"
on the project.
Delaney Gerlich, affiliated with Statewide Desalination Response Group, stated her opposition to
the project and concerns with energy usage, marine life mortality, and expenses.
Sarah Abramson, with Heal the Bay, asked Council to deny the REIR based on inadequacies
including what she referred to as flawed biological studies. She encouraged Council to deny the
project.
Pat McCully, 38-year 92646 Zip Code resident, stated support for desalination plants, however
stated opinion that plant must be public rather than private.
Randy Kokal, former Planning Commission Chair, spoke in opposition to the proposed plant stating
that important information was withheld from planning staff in the past. Mr. Kokal asked Council to
deny the project.
Pete Hemphill spoke in opposition to the project and commented on synergy and other issues.
Cindy Cross spoke in support of the project and asked Council to look beyond 20-25 years for
water resources. She also stated she does not support a public plant.
Eben Sprague voiced his opposition to the project citing gridlock concerns.
(19) September 6, 2005 - Council/Agency Minutes - Page 19
Vern Nelson, affiliated with Dr. Richard Lara, Democratic Candidate for the State Assembly read a
letter in opposition to the plant stating a lack of water shortage, urban runoff, and other issues. Mr.
Nelson urged Council to vote against the project.
Jan Vandersloot voiced his opposition to the project and gave a PowerPoint slide report that
illustrated deficiencies in the EIR as well as entrainment, impingement, and salinity concerns.
Martin Ageson, Southeast Huntington Beach resident, spoke in support of the project citing
disaster concerns and the resulting potential need for water. Mr. Ageson urged Council to act and
support the project.
Norm "Firecracker" Westwell spoke in favor of the project asking Council to welcome Poseidon
and approve the desalination project. He stated benefits including no cost to the taxpayer and
referred to industrial zoning of area. Mr. Westwell referred to the water supply as a public safety
issue.
Connie Boardman, 92646 Zip Code resident, voiced her opposition to the project citing concerns
with the impact of the AES Plant on the environment. Ms. Boardman stated her opinion that the
EIR is inadequate and referred to a brief submitted to the C.F.C., which she stated she would
provide for Council's review.
Teresa Young, environmental biologist, stated her concerns with filtering systems at desalination
plants and with salinity. Ms. Young also stated concerns with "modeling" and stated that the related
technology is not quite ready.
Shannon Pankrate, UCLA student in environmental engineering, urged Council to oppose the
desalination plant. Ms. Pankrate stated other solutions are more cost effective, and that she is
concerned with bacterial issues resulting from AES Plant.
John Earl, labor organizer, spoke in opposition to the project asking individuals to think long term
about the environmental effects. Mr. Earl urged Council to deny the project.
Chris Jepsen, 32-year resident, spoke in opposition to the project stating his opinion it would have
a negative impact on the City and citizens.
Topper Horack presented a PowerPoint report in opposition to the project.
Monica Ruzich Hamilton spoke on behalf of Huntington Beach Tomorrow and stated opposition to
the project. Ms. Hamilton cited inadequacies of EIR and pipeline construction concerns among her
reasons.
There being no persons present to speak further on the matter and there being no further
protests filed, either written or oral, the Mayor declared the public hearing closed.
Councilmember Cook presented a PowerPoint report stressing that the energy crisis is much
greater than the water crisis. She voiced her opposition to the project. Council discussion ensued
regarding updating of the AES Power Plant, dry cooling, and energy use.
A motion was made by Cook, second Hardy to deny certification of the Recirculated Environmental
Impact Report (REIR) No. 00-02. (vote to follow)
(20) September 6, 2005 - Council/Agency Minutes - Page 20
Councilmember Bohr stated concerns with comments made by individuals who oppose the project,
stated his support for the EIR, and his interest in obtaining for further information on the CUP/CDP.
Councilmember Coerper stated his support for the EIR and for the staff recommendation.
Mayor Pro Tern Sullivan stated reasons for finding the E1R deficient including pipeline construction,
dewatering concerns at the Ascon-Nesi berm, the lack of addressing "no project alternative," and
tourism.
Councilmember Green stated reasons for certifying the EIR including concern that the City has less
control over a public agency plant, adequacy of the EIR, and the need for additional water sources.
Councilmember Hansen stated concerns with the CUP/CDP land use and not with the EIR.
A substitute motion was made by Hansen, second Coerper to certify the EIR and deny the
CUP/CDP. The motion was subsequently withdrawn.
Mayor Hardy spoke regarding growth impacts including traffic impacts and also about sea life
mortality and other aspects of the EIR.
The original motion to deny certification of the REIR was voted on. The motion failed by the
following roll call vote:
AYES: Sullivan, Hardy, Cook
NOES: Hansen, Coerper, Green, Bohr
ABSENT: None
A motion was made by Bohr, second Green to certify REIR No. 00-02 as adequate and complete in
accordance with CEQA requirements by approving Resolution No. 2005-62 "A Resolution of the
City Council of the City of Huntington Beach Certifying the Final Environmental Impact Report No.
00-02 (SCH#2001051092) for the Poseidon Seawater Desalination Project." The motion carried by
the following roll call vote:
AYES: Hansen, Coerper, Green, Bohr
NOES: Sullivan, Hardy, Cook
ABSENT: None
A motion was made by Bohr, second Coerper to give direction to staff to report back to Council
October 17, 2005 on economic and other benefits to the City, to re-evaluate the Statement of
Overriding Considerations, to report back on pipeline concerns, and to continue the
CUP/CDP/CEQA/MMRP. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr
NOES: Cook
ABSENT: None
Mayor Pro Tern Sullivan restated his concerns with the process being chosen by Council.
Councilmember Hansen clarified that the project has not been approved at this point, only the EIR.
(21) September 6, 2005 - Council/Agency Minutes - Page 21
(City Council) Part 2 of 2 Parts of Public Hearing — Continued to October 17, 2005:
Conditional Use Permit (CUP) No. 02-04 and Coastal Development Permit (CDP) 02-05 for
Seawater Desalination Project (Poseidon) Forwarded by the Planning Commission. CEQA
Statement of Findings and Fact with a Statement of Overriding Considerations. Mitigation
Monitoring and Reporting Program. For Part 1 — See Preceding Agenda Item (520.70)
Mayor Hardy announced that by motion approved in the previous agenda item, this item will be
continued to the October 17, 2005 meeting.
Applicant: Poseidon Resources Corporation
Request: To construct a 50 million gallons per day seawater desalination project including a 10,120
sq. ft. administration building, a 38,090 sq. ft. reverse osmosis building, a 36,305 sq. ft. product
water storage tank, and miscellaneous accessory structures on an 11-acre lease area. The
proposed improvements include up to four miles of water transmission lines in Huntington Beach,
one mile of which will be within the Coastal Zone, to connect to an existing regional transmission
system in Costa Mesa. The project also includes perimeter landscaping and fencing along
Newland Street and Edison Avenue.
Location: 21730 Newland (east side, south of Edison Avenue)
Project Planner: Ricky Ramos, Associate Planner
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Consent Calendar — Item Removed for Separate Discussion
The following item was removed from the Consent Calendar for separate discussion:
(City Council) Resolution No. 2005-59 Declaring a Surplus of Funds from Assessment District
No. 88-1 (Reservoir Hill) and Ordering the Disposition of said funds.
Consent Calendar — Items Approved
On motion by Sullivan, second Green Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy (abstained on 8/1/05 minutes), Green, Bohr, Cook
(abstained on 8/1 /05 minutes)
NOES: None
ABSENT: None
(City Council/Redevelopment Agency) Approved and Adopted Minutes (120.65) -
Approved and adopted the minutes of the City Council/Redevelopment Agency Regular
Meetings of July 18 and August 1, 2005 and City Council/Redevelopment Agency Special
Meeting of August 8, 2005 as written and on file in the Office of the City Clerk. Submitted by the
City Clerk.
(City Council) Accepted Resignation of Corinne Welch and Approved the Appointment of
Mary Urashima to the Human Relations Task Force with a Term to Expire December 31,
2005 (110.20) — Accepted the resignation of Corinne Welch and approved the appointment of
Mary Urashima to the Human Relations Task Force with a term to expire December 31 2005
as recommended by City Councilmembers Debbie Cook and Gil Coerper. Submitted by Human
(22) September 6, 2005 - Council/Agency Minutes - Page 22
Relations Task Force Council Liaisons Councilmember Debbie Cook and Councilmember Gil
Coerper. Funding Source: Not applicable.
(City Council) Approved Agreement between the City and the County of Orange for
Animal Care Services for Fiscal Year 2005-2006 (600.25) —1. Approved and authorized the
Mayor and City Clerk to execute the contract between the City of Huntington Beach and the
County of Orange for the provision of animal care services; and 2. Authorized the Chief of
Police to expend up to $413,893 annually for animal care services. Submitted by the Chief of
Police. Funding Source: The total contract amount of $413,893 is budgeted in the 2005-2006
Police Department General Fund budget, Business Unit 10070102, object 69505. No additional
appropriations are necessary.
(City Council) Approved Map Check Agreement with Orange County (600.25) Approved
and authorized the Mayor and City Clerk to execute the Map Check Agreement between the
City of Huntington Beach and the County of Orange. Submitted by the Public Works Director.
Funding Source: Not required. Fees would be collected by the County.
(City Council) Adopted Memorandum of Agreement between the State of California
Department of Health Services (CDHS) and the City for Chempack Containers and
Authorized the Creation of a Revenue/Expenditure Account for all the Necessary
Retrofitting of a City Fire Station to Facilitate Acceptance of the Containers. (600.20)
1. Accepted the Memorandum of Agreement between the CDHS and the City of Huntington
Beach for the acceptance of the CHEMPACKS, and 2. Authorized the Fire Chief to expend
funds to cover the retrofitting of a City fire station at a cost not to exceed $12,000, and 3.
Approved the appropriation of $12,000, from the unreserved, undesignated General Fund
Balance, to be reimbursed by the CDHS. Submitted by the Fire Chief. Funding Source: If
approved, funds, estimated up to $12,000, will be appropriated from the unreserved,
undesignated General Fund Balance, but will be fully reimbursed from the CDHS. No other
matching or in -kind City funds are required to accept the CHEMPACKS.
(City Council) Approved Amendment No. 1 to Agreement between the City and EIP
Associates for Professional Planning Services for Preparation of an Environmental
Impact Report (EIR) for The Strand (Located at blocks 104 and 105 Bounded by Pacific
Coast Highway, Sixth Street, Walnut Avenue and the Alley Between Fifth Street and Main
Street.) (600.10) —1. Approved and Authorized the Mayor and City Clerk to execute
Amendment No. 1 to the agreement between the City of Huntington Beach and EIP Associates
for Professional Services Contract in the amount of $14,928 for the preparation of
Environmental Impact Report (EIR) No. 01-02 for The Strand; and 2. Authorized the Director of
Administrative Services to appropriate $14,928 from the City's General Fund Balance to the
Planning Department's Contractual Services Account number 10060201.69365; and 3.
Authorized the Director of Planning to expend $14,928 for environmental consulting services
related to Environmental Impact Report No. 01-02, pursuant to the Contract with EIP
Associates. Submitted by the Acting Planning Director. Funding Source: The funding source
will be Fourteen Thousand Nine Hundred Twenty -Eight ($14,928.00) Dollars deposited with the
City by the CIM Group pursuant to the approved Reimbursement Agreement. The City has
already received the funds from CIM Group.
(City Council) Accepted Annual Review of the Flood Management Plan (FMP) and
Authorized Submittal to the Federal Emergency Management Agency (FEMA) (550.50)
Accepted the annual review of the Flood Management Plan as adequate and complete and
forward it to FEMA. Submitted by the Acting Planning Director. Funding Source: Not applicable.
(23) September 6, 2005 - Council/Agency Minutes - Page 23
(City Council) Reviewed and Approved Memorandum of Understanding (MOU) with the
Orange County Auto Theft Task Force (O.C.A.T.T.) effective January 1, 2005 until January
1, 2010. (600.25) Approved the Memorandum of Understanding (MOU) and authorized the
Chief of Police to sign the new agreement. Submitted by the Police Chief. Funding Source:
Not applicable.
(City Council) Approved Planting Maintenance Agreement with the State Department of
Transportation (Caltrans) for the Beach Boulevard Parkway Landscape Enhancement
Project, CC-1229 (East side of Beach Boulevard between Taylor Drive and Sterling
Avenue.) (600.20) Authorized the Mayor and City Clerk to execute the State Highway Planting
Maintenance Agreement in the City of Huntington Beach. Submitted by the Public Works
Director. Funding Source: Landscape maintenance is budgeted in the General Fund,
Landscape Maintenance Business Unit 10085602. Costs to maintain the frontage does not
substantively increase the citywide budget.
(City Council) Adopted Resolution No. 2005-63 Relating to Fees for Parking Pass at the
Huntington Central Park Sports Complex — Amends Citywide User Schedule Resolution
No. 2003-65 (Supplemental Fee No. 3) (340.20) — Adopted Resolution No. 2005-63
Amending Resolution No. 2003-65 Entitled, "A Resolution of the City Council of the City of
Huntington Beach Amending Resolution No. 2003-65 Entitled, A Resolution of the City Council
of the City of Huntington Beach Establishing a Citywide User Schedule for Charges for Facility
Rentals and Recreation Services." (Supplemental Fee Resolution No. 3) Relating to Fees for a
Parking Pass for Parking at the Huntington Central Park Sports Complex. Submitted by the
Community Services Director. Funding Source: Not applicable.
(City Council) Adopted as Amended Resolution No. 2005-59 Declaring a Surplus of
Funds from Assessment District No. 88-1 (Reservoir Hill) and Ordering the Disposition of
said funds. (350.30)
The City Council considered a communication from the Finance Officer transmitting the
following Statement of Issue: A City Council Resolution is required to declare the balance of
the remaining Reservoir Hill Debt Service Fund to be surplus and order the disposition of the
surplus to the City's General Fund. Funding Source: Unappropriated Fund Balance, Reservoir
Hill Debt Service Fund.
Mayor Pro Tern Sullivan requested that this agenda item be removed from the Consent
Calendar to amend the resolution.
Councilmember Cook abstained due to potential conflict of interest.
A motion was made by Sullivan, second Coerper to 1. Adopt Resolution No. 2005-59, "A
Resolution of the City Council of The City of Huntington Beach Declaring A Surplus of Funds
From Assessment District No. 88-1 (Reservoir Hill) and Ordering the Disposition of Said Funds;"
and 2. Appropriate remaining Unappropriated Fund Balance in the amount of approximately
$62,500 from the Reservoir Hill Debt Service Fund as a transfer to the City's Infrastructure
Fund, as amended. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr
NOES: None
ABSENT: None
ABSTAIN: Cook
(24) September 6, 2005 - Council/Agency Minutes - Page 24
(City Council) Approved City Council Position on Legislation Pending Before the Federal,
State, or Regional Governments as Recommended by the City Council Intergovernmental
Relations Committee (IRC) (640.90)
The City Council considered a communication from Mayor Jill Hardy, Chair, Intergovernmental
Relations Committee, on behalf of members, Councilmember Gil Coerper and Councilmember
Keith Bohr transmitting the following Statement of Issue: Approve a City Council position on
legislation pending before the federal, state or regional governments as recommend by the City
Council Intergovernmental Relations Committee, and authorize the Mayor to communicate the
city's position to the elected members of the state or federal legislators, governmental task
force, or regional body. Funding Source: N/A
A motion was made by Coerper, second Bohr to:
1. OPPOSE - S 1349 (Smith), HR 3146 (Blackburn), and S 1504 (Ensign) - All of which would
limit or prohibit a local government's ability to require a franchise fee for use of its right-of-way for
telecommunications purposes.
2. SUPPORT - The League of California Cities' Communications Principles as adopted by
the League Board 07/05
3. SUPPORT AB 1333 (Frommer) - Grease Waste Haulers as amended 08/15/05
4. SUPPORT AB 1065 (Matthews) - Kitchen Grease - Transporters as amended 06/23/05
The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr
NOES: None
ABSENT: Cook (out of room)
(City Council) Adopted Ordinance No. 3721 Amending Chapter 13.48 of the Huntington
Beach Municipal Code Relating to Animals in the Park (500.10)
After the City Clerk read by title, a motion was made by Bohr, second Green to adopt
Ordinance No. 3721 - "An Ordinance of the City of Huntington Beach Amending Chapter 13.48
of the Huntington Beach Municipal Code Relating to Animals in the Park. " (Approved for
introduction August 15, 2005.) The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Approved for Introduction Ordinance No. 3722 Deleting Chapter 2.12 of the
Huntington Beach Municipal Code with Reference to the Department of Administrative
Services (700.10)
After the City Clerk read by title, a motion was made by Sullivan, second Green to approve
introduction of Ordinance No. 3722 —An Ordinance of the City of Huntington Beach Deleting
Chapter 2.12 of the Huntington Beach Municipal Code Relating to Administrative Services
Department." The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(25) September 6, 2005 - Council/Agency Minutes - Page 25
(City Council) Approved Interior Property Lines and Lattice Fence Extensions with
Notification to Properties that Abut the Interior Property Line (120.90)
The City Council considered a communication from Mayor Jill Hardy transmitting the following
Statement of Issue: At this time Councilmembers may report on items not specifically
described on the agenda which are of interest to the community. No action or discussion may
be taken except to provide staff direction to report back or to place the item on a future agenda.
The City has recently adopted a series of amendments to the Huntington Beach Zoning and
Subdivision Ordinance, commonly referred to as Permit Streamlining Phase II. In the process,
Section 230.88, subsection A. Permitted Fences and Walls was amended to include an
exception to permit two -foot lattice extensions to the top of a six-foot high fence on an interior
property line. The exception allows the extension without building permits but requires
Neighborhood Notification pursuant to Chapter 241. The notification process involves the
noticing of all property owners and tenants within a 300 ft. radius of the subject property.
In the implementation of the recently adopted ordinance, it has been brought to my attention that
the costs for the noticing requirements exceed the costs for the proposed improvements. In
addition, the 300 ft. notification radius seems extreme when the issue is only between two
properties that share an interior property line.
Therefore, I propose the City Council consider an amendment to these provisions and eliminate the
Neighborhood Notification requirement for these types of fence improvements. I propose the
notification process only involve those properties that abut the interior property line that propose the
fence extension.
Councilmember Green inquired about requirements for exterior modifications and staff reported.
A motion was made by Cook, second Bohr to direct the Planning staff to prepare the appropriate
zoning text amendments to eliminate the Neighborhood Notification requirement for these types of
fence improvements and only notify those properties that abut the interior property line. The motion
carried by the following roll call vote:
AYES:
Hansen, Coerper, Sullivan, Hardy, Bohr, Cook
NOES:
None
ABSENT:
None
ABSTAIN:
Green
(City Council) Approved as Amended — Proposed Amendment to Specific Plans (120.90)
The City Council considered a communication from Mayor Jill Hardy transmitting the following
Statement of Issue: Currently, certain Specific Plans permit modifications and review of
development projects as follows:
A. A minor modification to the Specific Plan is a simple amendment to the exhibits and/or text that
does not change the meaning or intent of the Specific Plan. The Planning Director may accomplish
this administratively with a report to the Planning Commission.
B. A maior modification to the Specific Plan is an amendment to the exhibits and/or text intended to
change the meaning or intent of the Specific Plan Development Concept, Design Guidelines, or
Development Regulations. This requires a Zoning Text Amendment and action by the Planning
Commission and City Council.
(26) September 6, 2005 - Council/Agency Minutes - Page 26
C. All new development proiects within the Specific Plan are implemented through a Site Plan
Review process. A Site Plan Review can be administratively approved, conditionally approved, or
denied by the Planning Director based upon findings described in the Specific Plan. Such findings
include project consistency with the city's General Plan and Municipal Codes, compatibility with
surrounding area, consistency with the Circulation Plan, and compliance with the provisions of the
Specific Plan and other applicable regulations or special conditions required of the project. Action
by the Planning Director shall be final unless appealed to the Planning Commission by the applicant
within 10 calendar days.
In order for the City Council to be more involved in the implementation of this Specific Plan and
have more control over the review of development projects within this Specific Plan, as well as
other Specific Plans that contain similar language, I am recommending that the City Council
consider the following motions:
A motion was made by Bohr, second Cook to approve the recommended action, as amended to
direct staff to initiate a Zoning Text Amendment to change any Specific Plan that does not allow
appeal of the Planning Director's or Zoning Administrator's approval to require (A) and (C) above to
include a report to the City Council of the Planning Director's decision, and to permit the City
Councilmembers to appeal the Planning Director's decision to the City Council within 10 calendar
days. The motion carried by the following roll call vote:
AYES: Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: Hansen
ABSENT: None
Adjournment — City Council/Redevelopment Agency
Mayor Hardy adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach at 3:50 a.m. Wednesday, September 7, 2005 to Monday, September 12, 2005,
at 6:00 p.m., in Council Chambers, Civic Center, 2000 Main Street Huntington Beach, California.
City Clr and ex-offi io er t e ity
CouncVbf the City of HuntingtM Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
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