HomeMy WebLinkAbout2006-09-18Minutes
Council/RDA Meeting
City Council/Redevelopment Agency
City of Huntington Beach
Monday, September 18, 2006
4:00 P.M. - Room B-8
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audiotape of the 4:00 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 and available on the website.
Call to Order
Mayor Sullivan called the regular meeting of the City Council/Redevelopment Agency of
the City of Huntington Beach to order at 4:10 p.m. in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Bohr, Green, Coerper, Sullivan, Hardy, Hansen (out of the room at the
time of roll call), and Cook.
Absent: None.
The City Clerk Announced a Late Communications Pertaining to the 4:00 P.M.
Portion of the Meeting
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced the
following Late Communication regarding the Study Session item that was received by
her office following distribution of the agenda packet:
Replacement PowerPoint submitted by Dave Webb, Deputy Public Works Director,
dated September 14, 2006 and titled OCTA's "Go Local" Program City Council Study
Session.
Public Comments Regarding the 4:00 P.M. Portion of the Council Meeting
Jim Hicks voiced his support for a Garfield -Gisler bridge and stated he lives on Garfield
in Huntington Beach. He stated his opinion a bridge would relieve traffic on Brookhurst
in Fountain Valley, as well as other areas. He also spoke regarding the proposed transit
link to Metrolink, opining that trains lack preventive maintenance, and urged Council to
investigate prior to moving forward.
Roy Reynolds, Managing Director, PRT Strategies, gave a PowerPoint presentation
pertaining to personal rapid transit (PRT), an elevated, two to four person electric vehicle
system.
September 18, 2006 — Council/Agency Minutes — Page 2 of 22
(City Council) Study Session #1 Held — Santa Ana River Crossing — Garfield/Gisler
Memorandum of Understanding
Public Works Director Robert F. Beardsley introduced the topic. Transportation
Manager Bob Stachelski presented a PowerPoint report titled Garfield/Gisler Bridge
Over The Santa Ana River, Feasibility And Alternatives Study & MOU, which was
included in the agenda packet. Manager Stachelski stated Orange County
Transportation Authority (OCTA) representatives were present to answer questions. He
described the history of the planned bridge crossings, the current study conclusions,
alternative improvements, committee recommendations, and the proposed MOU details.
Mayor Sullivan announced the presence of and welcomed Fountain Valley's Mayor Pro
Tern Gus Ayer.
Council discussion ensued pertaining to street improvements not included in the bridge
construction alternative, previous Council support or opposition to the agreement,
timelines for action, and future repercussions if the agreement is signed. Mayor Sullivan
noted past Council action has been unanimous or 6-1 to remove bridges from the plan.
Manager Stachelski requested Council direction to staff regarding the Memorandum of
Understanding (MOU). Councilmember Hansen stated he would like to investigate the
feasibility of a Garfield/Gisler bridge. Councilmembers Hardy and Cook and Mayor Pro
Tern Coerper all voiced their opposition to a Garfield/Gisler bridge. Mayor Sullivan
thanked staff for the presentation.
(City Council) Study Session #2 Held — OCTA's Go Local Program — City -Initiated
Transit Extensions to Metrolink
Public Works Director Robert F. Beardsley introduced the topic. Deputy Public Works
Director Dave Webb presented a PowerPoint report titled OCTA's "Go Local" Program
City Council Study Session, which was announced as a Late Communication. He
described the "Go Local" program, the City's potential participation in the program, staff
recommendations, and. benefits and challenges to the City. Council discussion ensued
pertaining to the end of the rail line at Ellis, options for extending the line, the
approximate 2.5-mile distance from Ellis to the Ocean, and funding mechanisms.
Mayor Sullivan and Mayor Pro Tern Coerper voiced their support for the project.
Councilmember Cook voiced concerns with the plan presented, suggesting a study be
done to consider many alternatives to increase transportation options. She stated
preference for extending the Blue Line rather than Metrolink. Transportation Manager
Bob Stachelski explained limitations exist on use of grant funds with this particular
program. Councilmember Green clarified the "Go Local" program is specific to
Metrolink, and stated her support for connecting Huntington Beach to other destinations
and cities. Mayor Sullivan thanked staff for the presentation.
Recessed to Closed Session — Approved
Council recessed by consensus of all present, none absent.
September 18, 2006 — Council/Agency Minutes — Page 3 of 22
(City Council) Closed Session Deferred to October 2, 2006 - Pursuant to
Government Code Section 54957.6 to meet with its designated representatives: Agency
Negotiators: Penelope Culbreth-Graft, City Administrator; Bob Hall, Deputy City
Administrator; Dan Villella, Finance Director; Renee Mayne, Chief Negotiator; and Irma
Youssefieh, Human Resources Manager regarding labor relations matters - meet and
confer with the following employee organizations: MEO, FMA, HBFA, MSOA, SCLEA,
and Non -Associated. Subject: Labor Relations - Meet and Confer.
Reconvened City Council/Redevelopment Agency Meeting - 6:06 p.m.
City Council/Redevelopment Agency Meeting Roll Call
Present: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook.
Absent: None.
No Actions Taken in Closed Session Which Require a Reporting Pursuant to
Government Code Section 54957.1(a) (3) (B).
Pledge of Allegiance/Flag Salute - Led by Councilmember Bohr
Invocation - Led by Reverend Michael Slater, Greater Huntington Beach Interfaith
Council
Presentation - Mayor Dave Sullivan presented commendations to the members of the
South Huntington Beach Girls' Softball 12 and Under All Star Team - the Sparx and 10
and Under All Star Team - the Surf City Breakers, who placed in the National
Tournament.
Presentation - Mayor Dave Sullivan invited Bob Dettloff from the Council on Aging, to
present a check for $18,000 to Community Services Director Jim Engle for funding of the
Part-time Social Worker Assistant at the Senior Outreach Program.
Mayor's Award - Mayor Dave Sullivan called on Public Works Director Robert F.
Beardsley who presented the Mayor's Award to Tree Maintenance Lead worker Jack
Orris. Director Beardsley introduced Mr. Orris as a thirty -seven-year City employee, a
certified arborist who has personally planted approximately 20,000 of the trees in the
City, and a helpful coworker.
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:
Replacement PowerPoint submitted by Dave Webb, Deputy Public Works Director,
dated September 14, 2006 and titled OCTA's "Go Local" Program City Council Study
Session.
Communication submitted by Jan Vandersloot dated September 14, 2006 and titled
Newland Street Residential Project Request for Coastal Commission Jurisdiction.
September 18, 2006 — Council/Agency Minutes — Page 4 of 22
Communications submitted by the following individuals stating opinions pertaining to the
proposed new senior center: Cheri Hoffman, Carolina W, Yajaira Grimaldo, Pam Neske,
Brian Shapiro, Yasuko Fordiani, Robert Ogus, Jane Burke, Judy Ann and Bill Morris,
Marilyn Thorp, Luke Fortier, Bob Nigro, Anne Burgess, Dave Perrigo, Carol Settimo,
Martha and Kenji Nishida, Elaine and Art Rosen, Dale L. Dunn, Joanne Herbel, and
Robert and Bonnie Castrey.
The Following Communication Was Submitted During the Meeting:
PowerPoint presentation submitted by Roy Reynolds, PRT Strategies dated September
2006 and titled Personal Rapid Transit.
Communication submitted by Jan Vandersloot dated April 7, 2006 and titled Comments
on the Draft Environmental Impact Report for Newland Street Residential Project, City of
Huntington Beach, Orange County (SCH#2005071083), which is a letter directed to City
staff from the Department of Fish an Game.
Communication submitted by Marla Jo Bruton dated September 18, 2006 and titled West
Coast Governors' Agreement on Ocean Health.
Public Comments
(The numbers following speakers' comments reflect the approximate point of time in the
archived video the speaker appears, available at http://www.surfcity-
hb.org/Government/Agendas/ )
Grace Sandlin, resident of Pacific Mobile Home Park, voiced her opinions regarding the
litigation filed against the City by mobile home park owners. She asked that the City
assist residents in purchasing Pacific Mobile Home Park, stating her opinion mobile
home owners should have first right of refusal if the park is for sale. (25:07)
Tim Geddes, Southeast Huntington Beach resident, opined that mobile home owners
are unlike apartment tenants, and asked the City Council to defend the mobile home
park conversion ordinance. (27:10)
Jim Barker, resident of the mobile home park at Newland and Ellis for fifteen years and
Boardmember for the Huntington Beach Mobilehome Owners Association (HBMOA),
voiced his concern with any changes to the mobile home park conversion ordinance. He
asked the Council to defend the existing ordinance, stating some residents are already
being threatened by park owners. (30:33)
Judy Ann Morris, 32-year resident, asked Council to vote "yes" on the agenda item
pertaining to the proposed senior center in Central Park. She cited figures pertaining to
seniors in the City and senior outreach, stating improved services are needed. (33:09)
Mary Jo Baretich asked Council to uphold the mobile home park conversion ordinance.
She stated her opinion that park owners should pay in -place fair market value for mobile
homes if a park is sold. (36:24)
September 18, 2006 — Council/Agency Minutes — Page 5 of 22
Ray Roberts, Southeast Huntington Beach resident since 1978 and Democratic
candidate for the 76th district, stated his support for mobile home park residents who he
stated are mostly seniors and the mobile home park conversion ordinance. He stated if
he were elected, the issue would be addressed at the state level. (38:36)
Shirley Dettloff requested Council approve the agenda item pertaining to the
proposed new senior center, stating the project can be accomplished without raising
taxes. She asked Council to approve the consultant -recommended site in Central Park.
(41:36)
Roy'Reynolds, Managing Director of PRT Strategies presented a PowerPoint report
pertaining to the PRT network grid. He offered reasons for his opinion that the City
should pursue alternatives to the rail project proposed at the Study Session held earlier
the same evening. (44:52)
Cathy Meschuk, southeast Huntington Beach resident, urged Council to approve the
"H" item on the agenda pertaining to the senior center. (48:19)
Carol Settimo, forty -year resident and Boardmember of the Council on Aging (COA),
described the history of the COA and invited citizens to get involved by attending
meetings or volunteering time. She stated the COA has pledged $50,000 towards the
building of a new senior center in Huntington Beach. (49:02)
Thomas J. Cooper, forty -four-year resident, asked Council to support the agenda
item pertaining to funding for a new senior center. He stated he was involved with the
bonds issued for Central Park, and voiced his opinion the existing senior center is
inadequate for current and future needs. (52:08)
Councilmember Green congratulated Tom Cooper, Judy Ann Morris, and Virginia
and Peter Petrelis on Community Emergency Response Team (CERT) awards.
RC Alley asked Council for its assistance regarding the Ponderosa application and
thanked Councilmember Cook for her response to his inquiry. He opined the proposed
location is appropriate for a restaurant, but voiced concern with outdoor activities and the
impact on local residents. Mr. Alley stated Pier Colony residents are concerned with
what he referred to as misstatements made by the applicant, and urged Council to
appeal the permit. (55:42)
Teddi Alves, thirty -three-year resident, voiced her opinion regarding the recent shooting
of a resident by police officers, requesting that the officers' names be public and the
Police Chief be terminated_ (58:55)
City Administrator Penny Culbreth-Graft commented that the issue is under review by
the County Sheriff and no determination has been made at this time. She clarified no
wrongdoing by the Police Department has been alleged or confirmed.
Brenda Schock, affiliated with Golden State Mobilehome Owners League (GSMOL)
571, commented on litigation filed challenging the mobile home park conversion
ordinance. She opined the City and City Attorney have no intent to defend the
ordinance, and requested the City retain outside counsel. (1:02:57)
September 18, 2006 — Council/Agency Minutes — Page 6 of 22
Councilmember Cook clarified that the City Attorney acts at the behest of the City
Council, and that nothing can be inferred by court documents that are filed.
Steve Gullage, thirty-year resident affiliated with the Huntington Beach Mobilehome
Owners' Association (HBMOA), voiced concern about the legal challenge to the City's
mobile home park conversion ordinance. He asked Council to defend the ordinance in
court, and not to negotiate with park owners. Mr. Gullage alleged mobile home sale
prices have fallen dramatically due to required legal disclosures. (1:06:59)
Councilmember Hansen asked Mr. Gullage which mobile home parks are closing if the
mobile home park conversion ordinance is appealed. Mr. Gullage replied that the three
parks who filed the lawsuit against the City would potentially be closing.
Joe Shaw, downtown Huntington Beach business owner and candidate for City Council,
asked citizens to withhold judgment of the police officers involved in the shooting until
the facts are documented. He asked Council to reconsider the Planning Commission's
approval of the Ponderosa project. He stated his support for the mobile home residents
and asked Council to defend the mobile home park conversion ordinance. Mr. Shaw
voiced his opposition to the agenda item pertaining to the proposed new senior center
stating taxpayers should have a full accounting of the funds proposed for use. He
requested Council consider many other unfunded needs prior to spending the majority of
Pacific City park in -lieu fees on one project. (1:11:12)
Mayor Sullivan asked Community Services Director Jim Engle to comment on the use of
Park and Acquisition fees for senior centers. Director Engle stated using the funds on a
senior center would be similar to using them to renovate Murdy and Edison Community
Centers.
Mindy White voiced her opposition to designating funding for the proposed new senior
center in Central Park. She stated her opinion the funds should be used to renovate
current park needs such as restrooms in Central Park that lack doors and ADA
compliance. Ms. White voiced concerns about a gang incident at the Central Park the
previous Monday, stating funding for a park ranger was eliminated, and asked Council to
defend the remaining open space in the City. (1:15:11)
Mayor Sullivan asked staff to comment on whether park fees can be used to fund the
salary of park rangers. Community Services Director Jim Engle responded in the
negative_
Councilmember Cook asked staff to comment on whether park acquisition funds
are General Fund money. Director Engle described related funds and stated park
acquisition funds are not General Fund.
Dick Harlow spoke in support of the agenda item pertaining to the proposed new senior
center, stating the population of seniors has grown significantly in the City. He opined
that City seniors do not currently have a center designed to be a senior center.
(1:19:38)
Barbara Delgleize spoke in support of the agenda item pertaining to the proposed new
senior center, stating a new center is needed to allow seniors to remain in their homes
longer. She compared the proposed project to the Central Library and asked citizens
and Council to vote in favor of the project. (1:22:48)
September 18, 2006 — Council/Agency Minutes — Page 7 of 22
Chuck Beauregard, twenty-year resident, voiced his support for the agenda item
pertaining to funding of a proposed new senior center. He quoted from the Quimby Act,
stating a senior center qualifies for funding and asked Council to vote on the funding
regardless of location. (1:25:34)
William J. Seymour, resident of Huntington Shorecliffs Mobile Home Park, asked
Council to defend the mobile home park conversion ordinance. He voiced concern for
six thousand residents he said are at risk of losing their homes if the ordinance is
modified. (1:28:45)
Jan Vandersloot submitted a Late Communication and spoke regarding the Newland
Street Residential Project public hearing, stating a 100-foot buffer has been suggested
for the project being that it is so near the wetlands. He asked Council not to support the
agenda item pertaining to funding for a new senior center, suggesting funds be used to
acquire additional park space. Mr. Vandersloot suggested using school sites or existing
developed areas for a new senior center and asked citizens to vote to preserve the
park. (1:29:48)
Councilmember Hansen asked Mr. Vandersloot to clarify the buffer requested for the
project. Mr. Vandersloot described the current plan containing a block wall and nineteen
feet or smaller buffer in some spaces.
Robert Dettloff, forty -two-year resident affiliated with Support Our Seniors (SOS),
voiced his support for the proposed new senior center in Central Park. He asked
Council to approve the agenda item that provides funding for the project. (1:34:24)
Joey Racano, affiliated with the Ocean Outfall Group, stated the group is working on the
Big Shell Wetlands in Huntington Beach. He voiced his opinions on the Newland Street
Residential project, the Mills project, once -through cooling processes, and the Poseidon
project. (1:35:43)
Richard Sadowski, affiliated with the Central Coast Ocean Outfall Group, thanked
supporters and commented on single -pass cooling, stating it is being phased out. He
urged Council not to support a desalination plant in the City. (1:38:59)
Marla Jo Bruton, affiliated with the California Ocean Outfall Group, commented on a
convention she attended in tong Beach stating a West Coast Governors' Agreement
was signed. She submitted a copy of the agreement to the Mayor and thanked
Councilmember Cook for her service, presenting her with an Ocean Outfall Group
tee shirt. (1:40:37)
(City Council) Announcement Made by Councilmember Jill Hardy of the
Resignation of Steve Ray from the Huntington Beach Planning Commission,
Effective September 13, 2006 and the Appointment of Blair Farley Effective
September 18, 2006.
Councilmember Hardy gave an oral report and announced the above information.
September 18, 2006 — Council/Agency Minutes — Page 8 of 22
(City Council) Reviewed and Accepted City Treasurer Shari L. Freidenrich's, July
2006 Investment Summary Report Titled City of Huntington Beach Summary of
City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for
July 2006
The City Council considered a communication from City Treasurer Shari Freidenrich
transmitting the Monthly Investment Report for July 2006.
City Treasurer Freidenrich gave a PowerPoint presentation titled July Treasurer's
Report, which was included in the agenda packet.
A motion was made by Hansen, second Coerper to review and accept the Monthly
Investment Report entitled Summary of Investment Portfolio, Bond Proceeds, and
Deferred Compensation Activity for July 2006, pursuant to Section 17.0 of the
Investment Policy of the City of Huntington Beach. The motion carried by the following
roll call vote:
AYES: Green, Coerper, Sullivan, and Hansen
NOES: None
ABSENT: Bohr, Hardy, and Cook (Councilmembers Bohr, Hardy, and Cook were
out of the room at the time of the vote.)
(City Council) Mayor Sullivan announced Councilmembers Cook, Hansen, Green,
Bohr, and Mayor Pro Tem Coerper attended the League of California Cities
Conference
Councilmember Cook reported sessions at the League of California Cities Conference
attended by Councilmembers, including those pertaining to energy, transportation,
housing, and ethics.
(City Council) Public Hearing Held — Adopted Resolution No. 2006-58 Approving
an Annual Assessment Within the Huntington Beach Hotel/Motel Business
Improvement District for Fiscal Year 2006-2007
Mayor Sullivan announced that this was the time noticed for a public hearing to consider
the following: At the City Council meeting of August 21, 2006 the City Council approved
Resolution No. 2006-48. This action declared the City's intention to levy an assessment
for the Huntington Beach Hotel/Motel Business Improvement District for 2006-2007 and
authorized the City Clerk to schedule a public hearing to be held on September 18,
2006. Copies of the Resolution, Boundary Map and assessment formula were sent to
each business to be assessed and were published in a newspaper of general circulation.
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 2006-2007 fiscal year.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published
and posted.
Economic Development Director Stanley Smalewitz gave an oral report. The City
Council declined presentation of a PowerPoint report.
September 18, 2006 — Council/Agency Minutes — Page 9 of 22
Mayor Sullivan declared the public hearing open.
The City Clerk announced for the record no Late Communications which pertain to this
public hearing.
The City Clerk announced that she had not received any protests, either in written or oral
form, and there being no persons present to speak on the matter, she reported the
percentage of assessments protested is 0%, $0 of the total assessment dollar amount.
There being no persons present to speak on the matter and there being no protests filed,
either written or oral, the Mayor declared the public hearing closed.
A motion was made by Green, second Bohr to adopt City Council Resolution No. 2006-
58 - A Resolution of the City Council of the City of Huntington Beach Approving an
Annual Assessment Within the Huntington Beach Hotel/Motel Business Improvement
District for Fiscal Year 2006-2007. The motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, and Hansen
NOES: None
ABSENT: Cook (Councilmember Cook was out of the room at the time of the vote_)
(City Council) Public Hearing Held — Adopted Resolution No. 2006-59 Approving
an Annual Assessment Within the Huntington Beach Downtown Business
Improvement District for Fiscal Year 2006-2007
Mayor Sullivan announced that this was the time noticed for a public hearing to consider
the following: At the City Council meeting of August 21, 2006, the City Council approved
Resolution No. 2006-49. This action declared the City's intention to levy'an assessment
for the Huntington Beach Downtown Business Improvement District for 2006-2007 and
authorized the City Clerk to schedule a public hearing to be held on September 18,
2006. Copies of the Resolution, BID Boundary Map and assessment formula were sent
to each business to be assessed and were published in a newspaper of general
circulation. 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 2006-2007 fiscal year.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published
and posted.
Councilmember Green asked if fees to be collected from merchants could be increased
to the original proposed amount. Economic Development Director Stanley Smalewitz
explained this issue had been addressed with the board; however they did not express a
desire to increase the fee at this time.
Mayor Sullivan declared the public hearing open.
The City Clerk announced for the record no Late Communications which pertain to this
public hearing.
September 18, 2006 — Council/Agency Minutes — Page 10 of 22
The City Clerk announced that she had not received any protests, either in written or oral
form, and there being no persons present to speak on the matter, she reported the
percentage of assessments protested is 0%, $0 of the total assessment dollar amount.
There being no persons present to speak on the matter and there being no protests filed,
either written or oral, the Mayor declared the public hearing closed.
A motion was made by Green, second Coerper to adopt City Council Resolution No.
2006-59, 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 2006-2007. The motion carried by the following roll call vote:
AYES: Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
ABSTAIN: Bohr
(City Council) Public Hearing Held — Adopted Resolution No. 2006-60 Approving
an Annual Assessment for the Huntington Beach Auto Dealers Business
Improvement District for Fiscal Year 2006-2007
Mayor Sullivan announced that this was the time noticed for a public hearing to consider
the following: At the City Council meeting of August 21, 2006, the City Council approved
Resolution No. 2006-52. This action declared the City's intention to levy an assessment
for the Huntington Beach Auto Dealers Business Improvement District for 2006-2007
and authorized the City Clerk to schedule a public hearing to be held on September 18,
2006. Copies of the Resolution, BID Boundary Map and assessment formula were sent
to each business to be assessed and were published in a newspaper of general
circulation. 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 2006-2007 fiscal year.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published
and posted.
Economic Development Director Stanley Smalewitz gave an oral report
Mayor Sullivan declared the public hearing open.
The City Clerk announced for the record no Late Communications which pertain to this
public hearing.
The City Clerk announced that she had not received any protests, either in written or oral
form, and there being no persons present to speak on the matter, she reported the
percentage of assessments protested is 0%, $0 of the total assessment dollar amount.
There being no persons present to speak on the matter and there being no protests filed,
either written or oral, the Mayor declared the public hearing closed.
September 18, 2006 — Council/Agency Minutes — Page 11 of 22
A motion was made by Green, second Coerper to adopt City Council Resolution No.
2006-60, 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 2006-2007. The motion carried by the following roll
call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
(City Council) Public Hearing Held — Adopted Resolution No. 2006-61 Approving
General Plan Amendment (GPA) No. 04-04 and Approve for Introduction
Ordinance No. 3750 Amending District Map 14; Zoning Map Amendment (ZMA) No.
04-01, Located on a 23.1 Acre Parcel of Land (Newland Street Residential Project)
Mayor Sullivan announced that this was the time noticed for a public hearing to consider
the following: GENERAL PLAN AMENDMENT NO. 04-04 AND ZONING MAP
AMENDMENT NO. 04-01 (NEWLAND STREET RESIDENTIAL PROJECT)
Applicant: WL Direct Huntington Beach, LLC, 3121 Michelson Drive, Suite 200, Irvine,
CA 92612
Request: GPA: To amend the General Plan Land Use designation on 23.1 acres from
the current I-172-d (Industrial - 0.5 Floor Area Ratio - Design Overlay) to the proposed
RM (Medium Density Residential) designation.
ZMA: To amend the Zoning designation from the current IL-O-FP2 (Limited Industrial -
Oil District Overlay - Flood Plain) to the proposed RM-FP2 (Medium Density Residential
- Flood Plain).
Location: 21471 Newland Street (northwest corner of the Newland Street/Hamilton
Avenue intersection).
Project Planner: Jane James
Legal notice as provided to the City Clerk's Office by staff had been published and
posted. '
Project Planner Jane James presented a PowerPoint report titled Newland Street
Residential Project, City Council Meeting, September 19, 2006, General Plan
Amendment No. 04-04 and Zoning Map Amendment No. 04-01, which was included in
the agenda packet. Responding to Council inquiries, Planner James explained
affordable housing in -lieu fees would be possible for the project if the option were
available according to the ordinance in effect at the time of application. She also
described a nineteen -foot buffer zone from the fence.
Mayor Sullivan declared the public hearing open.
Prior to announcing the public speakers, the City Clerk restated for the record the
following Late Communication which pertains to this public hearing:
Communication submitted by Jan Vandersloot dated September 14, 2006 and titled
Newland Street Residential Project Request for Coastal Commission Jurisdiction.
September 18, 2006 — Council/Agency Minutes — Page 12 of 22
Byron Tarnutzer, owner of the self -storage business across the street from the project,
voiced his support for approval of the Newland Street Residential project_ (2:05:55)
Frank Rosen, owner of property at Beach and Indianapolis, stated he is in favor of the
project. He noted that fifty acres of wetlands would be preserved, an old tank farm
would be cleaned up, and homes are favorable to an industrial park on the property.
(2:06:21)
Richard Loy stated opposition to the project as currently configured, suggesting low -
density single-family residential. He recommended the developer pay for increased
traffic density, sewer expenses, and water runoff and that Council consider special
dispensation for police officers by requiring housing in the project be considered for the
officers. (2:07:12)
Teria Horner, resident of Surfside neighborhood, asked Council to approve the project
since it is residential replacing industrial. (2:10:43)
Dave Guido, resident who lives north of the project, voiced his support for the Newland
Street Residential project. He asked Council to approve the project since it offers a two -
acre park, medium density residences, protection of the local wetland, and an alternative
to industrial usage. (2:11:38)
Dan McDonald, resident since 1979, spoke in favor of the project. He stated his
support for a change in zoning from industrial to residential, for the preservation of the
wetlands, and asked Council to approve the project. (2:15:05)
Rob Harris, resident who works in Huntington Beach stated his support for the project
and for additional affordable housing in the City. (2:14:38)
Curt Nelson, Applicant with WL Direct Huntington Beach, LLC, described steps taken
by the developer towards pursuing the project, including wetlands preservation and soil
remediation. He commented on the thorough application process, including several
hearings and workshops, and asked Council to approve the item_ (2:18:00)
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 commented on planting of native species in the park, the height of
trees and other landscaping at the back of the property line, and asked for mitigation of
the effect on wildlife including a one hundred foot buffer to the wetlands. She described
green building standards including the use of solar energy and streets that can retain
urban runoff. She stated she supports residential use on the site, but does not support
this project.
Project Planner James explained the plantings are subject to review by Community
Services and described a retaining wall, lighting restrictions, the grade of the project, and
the nineteen -foot buffer as mitigation to the effects on wildlife.
Councilmember Green asked for clarification on green building standards used with the
project. Planner James confirmed that the developer incorporated some green
building standards into project. Councilmember Green voiced her support for the project
and stated Council cannot require a buffer since the project is not in the coastal zone.
September 18, 2006 — Council/Agency Minutes — Page 13 of 22
A motion was made by Coerper, second Bohr to A) Approve General Plan Amendment
No. 04-04 and adopt Resolution No. 2006-61, A Resolution of the City Council of the
City of Huntington Beach Approving General Plan Amendment No. 04-04, amending the
land use designation of 23.1 acres of property located at the northwest corner of
Newland Street and Hamilton Avenue from I-F2-d (Industrial-0.5 Floor Area Ratio -
Design Overlay) to RM.(Medium Density Residential) and removing the site from
Subarea 9F of the Community District and Subarea Schedule; and
B) Approve Zoning Map Amendment No. 04-01 with findings for approval and after the
City Clerk read by title, approve for Introduction Ordinance No. 3750, An Ordinance of
the City of Huntington Beach Amending District Map 14 (Sectional District Map 13-6-11)
to Rezone the Real Property Generally Located at the Northwest Corner of Newland
Street and Hamilton Avenue from IL-O-FP2 (Limited Industrial -Oil District Overlay-
Floodplain) to RM-FP2 (Medium Density Residential-Floodplain) (Zoning Map
Amendment No. 04-01). The motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, and Hansen
NOES: Cook
FINDINGS FOR APPROVAL
ZONING MAP AMENDMENT NO. 04-01
FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO. 04-01:
1. Zoning Map Amendment No. 04-01 amends the existing zoning designation by
changing the IL-O-FP2 (Limited Industrial -Oil Overlay-Floodplain) zoning designation
within the project area to RM (Medium Density Residential-Floodplain). The adoption of
this amendment will establish the Medium Density Residential zoning and development
standards and will be consistent with the objectives, policies, general land uses and
programs specified in the City's General Plan as well as the proposed General Plan
Amendment No. 04-04. The proposed residential zoning is consistent with the goals and
policies of the Land Use Element of the General Plan by allowing for the creation of a
development compatible with, and sensitive to the existing land uses in the project area
and adjoining properties.
2. In the case of general land use provisions, the Zoning Map Amendment is consistent
with the uses authorized in, and the standards prescribed for, the zoning district for
which they are proposed. The proposed land uses identified in the Medium Density
Residential land use designation is consistent with the General Plan as well as the
proposed General Plan Amendment No. 04-04.
3. A community need is demonstrated for the change proposed. The proposed medium
density residential zoning provides the standards necessary to develop a high quality of
residential land uses complementing and enhancing surrounding land uses. The
existing Industrial Land Use and Zoning designations are not compatible with the
existing surrounding land uses and are no longer appropriate for the site. The
residential land use designation allows for more affordable housing units to be
constructed and the medium density project, proposed at 9.6 units/acre with high quality
attached housing provides for a variety of housing types and units within the City, as
referenced in the Land Use Element of the City's General Plan.
September 18, 2006 — Council/Agency Minutes — Page 14 of 22
4. The adoption of the Medium Density Residential zoning is consistent with good zoning
practice and was prepared utilizing a comprehensive approach, which included involving
the public in numerous public meetings and reviewing the proposed development in
terms of existing development standards, design and architectural guidelines, and
landscape guidelines. The resultant project provides high quality design, successful
affordable housing, pleasing architecture, and a diverse development of land uses within
the City of Huntington Beach.
(City Council) Public Hearing Held — Approved Conditional Use Permit (CUP) No.
06-24 (Third Master CUP for 16 Condominium Conversions) as Part of a
Settlement Agreement Reached Between the City and Five Title Insurance
Companies Representing Sixteen Property Owners
Mayor Sullivan announced that this was the time noticed for a public hearing to consider
the following: CONDITIONAL USE PERMIT NO. 06-24 (CONDOMINIUM
CONVERSIONS)
Applicants: Multiple Property Owners
Request: To approve approximately 16 condominium units on four separate properties.
Locations: 209 Thirteenth Street, 413 Fourteenth Street, 409 Twentieth Street, and
7681 Fir Avenue
Project Planner: Jane James
Legal notice as provided to the City Clerk's Office by staff had been mailed, published
and posted.
Project Planner Jane James gave an oral report. The City Council declined presentation
of a PowerPoint report.
Mayor Sullivan declared the public hearing open.
Prior to announcing the public speakers, the City Clerk stated no Late Communications
were received that pertain to this public hearing.
Mike Adams stated he represents sixteen property owners on this Conditional Use
Permit, asked Council to approve the item, and announced his availability to answer any
questions from Councilmembers. (2:35:00)
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.
A motion was made by Coerper, second Hardy to approve Conditional Use Permit No.
06-24 with findings and conditions for approval. The motion carried by the following roll
call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
September 18, 2006 — Council/Agency Minutes — Page 15 of 22
FINDINGS AND CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 06-24
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 06-24:
1. Conditional Use Permit No. 06-24 for the establishment, maintenance and operation
of 16 condominium units on four separate properties will not be detrimental to the
general welfare of persons working or residing in the vicinity or detrimental to the value
of the property and improvements in the neighborhood. Based upon the conditions
imposed the exterior of the units will be in good condition, any construction performed
without permits or any significant health and safety violations will be remedied, minimum
construction standards will be met, CC&Rs with a surveyor or engineer prepared map
will be submitted, and affordable housing in -lieu fee will be paid.
2. The conditional use permit will be compatible with surrounding uses because all of the
subject properties are located within residential districts and are surrounded by other
multi -family or single-family units.
3. The proposed conditional use permit for 16 condominium units on four properties will
comply with the provisions of the base district and other applicable provisions in Titles
20-25 of the Huntington Beach Zoning and Subdivision Ordinance. In addition, each
project will comply with any specific condition required in the settlement agreement.
4. The granting of the conditional use permit will not adversely affect the General Plan.
It is consistent with the Land Use Element designations of Medium High and Medium
Density Residential on the various subject properties. In addition, it is consistent with
the following goals and policies of the General Plan:
A. Land Use Element
Policy LU 4.2.1: Require that all structures be constructed in accordance with the
requirements of the City's building and other pertinent codes and regulations; including
new, adaptively re -used, and renovated buildings.
Policy LU 8.1.1: Accommodate land use development in accordance with the patterns
and distribution of use and density depicted on the Land Use Plan Map, in accordance
with the appropriate principles.
B. Housing Element
Policy H 3.1.1: Encourage the provision and continued availability of a range of housing
types throughout the community, with variety in the number of rooms and level of
amenities.
The subject residential properties are all four-plexes and are located throughout the
City. Three of the four total project sites are zoned and General Planned for Medium
High Density Residential while the remaining property carries Medium Density
Residential zoning and land use designations. The units represent a variety of unit types
with various floor plans and amenities. An affordable housing in -lieu fee will be
submitted for each project.
September 18, 2006 — Council/Agency Minutes — Page 16 of 22
5. The City Council finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality
Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because new
construction or conversion of up to six multi -family units at one project site are exempt.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 06-24:
1. Conditional Use Permit No. 06-24 will become effective at each individual property in
accordance with the approved settlement agreement.
(City Council) Public Hearing Held — Adopted Resolution No. 2006-62 Extending
Interim Ordinance No. 3748 for Six Months Which Established a Moratorium on the
Installation of Wireless Telecommunication Facilities in the Public Right -of -Way
Mayor Sullivan announced that this was the time noticed for a public hearing to consider
the following: Extending the moratorium on the installation of wireless
telecommunication facilities in the public right-of-way.
Legal notice as provided to the City Clerk's Office by staff had been published and
posted.
City Attorney Jennifer McGrath gave an oral report, stating her department plans to
return to Council with a recommendation by the end of the year.
Mayor Sullivan declared the public hearing open_ The City Clerk announced no Late
Communications or public speakers which pertain to this public hearing.
There being no persons present to speak on the matter and there being no protests filed,
either written or oral, the Mayor declared the public hearing closed.
A motion was made by Coerper, second Bohr to approve and adopt Resolution No.
2006-62, A Resolution of the City Council of the City of Huntington Beach Extending
Interim Ordinance No. 3748 for Six Months, with specific findings regarding the detriment
to public health, welfare and safety. The motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Easement Deed from the Orange County Water District (OCWD) to
Accommodate the Ultimate Right of Way for Both Ellis Avenue and Patterson Lane as a
Condition of the Development of Well Site 1-32 Project Located at 18461 Patterson Lane
(City Council) $63,890.64 of Unclaimed Funds Over Three Years Old and More Than
$14.99 Each to the City's General Fund per Government Code Section 50055
September 18, 2006 — Council/Agency Minutes — Page 17 of 22
Consent Calendar — Items Approved
A motion was made by Green, second Hardy to approve the following Consent Calendar
items, as recommended: The motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook (No on Five -
Year Grant Agreement between the City and the HBCVB)
NOES: None
(City Council/Redevelopment Agency) Approved and Adopted Minutes - Approved
and adopted the minutes of the City Council/Redevelopment Agency Regular Meeting of
August 21, 2006 as written and on file in the Office of the City Clerk. Submitted by the
City Clerk_
(City Council) Authorized a One -Year Extension of Contract with Advocation, Inc.
to Assist the City in Acquisition of State Funding for Priority Projects Within the
City and Related State Legislative Issues - 1) Approved waiving Municipal Code
Section 3.03.120, prohibiting the extension of an agreement beyond three years; 2)
Approved extending the contract with Advocation, Inc.; and 3) Authorized the Mayor and
City Clerk to execute Amendment #4 to Agreement between the City of Huntington
Beach and Advocation, Inc. Submitted by Councilwoman Jill Hardy, Chair on behalf of
the Intergovernmental Relations Committee Members, Mayor Pro Tern Gil Coerper and
Councilman Don Hansen. Funding Source: Funds for the contract have been budgeted
in the 2006-07 fiscal year budget in the General Fund Administration's Account
#10030201.69365. The total cost for this contract as amended is not to exceed $70,000.
(City Council) Authorized a One -Year Extension of the Contract with the Ferguson
Group, LLC, to Assist the City in Acquisition of Federal Funding for Priority
Projects Within the City and Related Legislative Issues -1) Approved waiving
Municipal Code Section 3.03.120, prohibiting the extension of an agreement beyond
three years; 2) Approved extending the contract with the Ferguson Group, LLC; and 3)
Authorized the Mayor and City Clerk to execute Amendment #4 to Agreement between
the City of Huntington Beach and the Ferguson Group, LLC. Submitted by
Councilwoman Jill Hardy, Chair on behalf of the Intergovernmental Relations Committee
Members, Mayor Pro Tern Gil Coerper and Councilman Don Hansen. Funding Source:
Funds for the contract have been budgeted in the 2006-07 fiscal year budget in the
General Fund Administration's Account #10030201.69365. The total cost for this
contract as amended is not to exceed $90,000.
(City Council) Approved Professional Services Contract with Integrated Design
Services, Inc. in the Amount of $268,530 to Provide Construction Management and
Support Services for the Seismic Retrofit of the Civic Center - 1) Approved the
Agreement and authorized the Mayor and City Clerk to execute the Professional
Services Contract Between the City of Huntington Beach and Integrated Design
Services, Inc. for Construction Management and Support Services for the Seismic
Retrofit of the Civic Center Tower; and 2) Authorized the Director of Building and Safety
to expend up to $268,530 for professional construction management services to provide
support and oversight during the design, bidding and construction phases of the seismic
strengthening of the civic center tower. Submitted by the Director of Building and
Safety. Funding Source: Funds are available in Building and Safety Department
Business Unit 81655101.82800.
September 18, 2006 — Council/Agency Minutes — Page 18 of 22
(City Council) Approved Five -Year Grant Agreement Between the City of
Huntington Beach and the Huntington Beach Conference and Visitors Bureau
(HBCVB) for 10% of Transient Occupancy Tax (TOT) Monthly Revenues and Public
Relations Services - Approved and authorized execution by the Mayor and City Clerk of
the attached five-year Grant Agreement Between the City of Huntington Beach and the
Huntington Beach Conference and Visitors Bureau for Public Relations Services, for
10% of the TOT revenues, beginning October 1, 2006. Submitted by the Director of
Economic Development. Funding Source: Funding for the Grant Agreement is included
in the proposed budget for fiscal year 2006-07, Account No. 10080101.74020.
(City Council) Approved and Authorized Execution of the Landscape License
Agreement Between the City of Huntington Beach and Bella Terra Associates,
LLC, and Approved and Authorized Execution of the Caltrans State Highway
Planting Maintenance Agreement - 1) Approved and authorized the Mayor and City
Clerk to execute and record the License Agreement between the City of Huntington
Beach and Bella Terra Associates, LLC; and 2) Approved and authorized the City
Administrator and City Clerk to execute the State Highway Planting Maintenance
Agreement between the City of Huntington Beach and The State of California
Department of Transportation. Submitted by the Director of Public Works. Funding
Source: No funding is required for this action.
(City Council) Approved Professional Services Agreement with EDAW, Inc. in the
Amount of $213,700 for Preparation of an Environmental Impact Report for Update
of the City's General Plan Circulation Element - 1) Approved and authorized the
Mayor and City Clerk to execute the Professional Service Contract Between the City of
Huntington Beach and EDAW, Inc. in the amount of $213,700 for preparation of an
Environmental Impact Report for the update of the General Plan Circulation Element;
and 2) Authorized the Acting Director of Planning/Public Works to expend an amount not
to exceed $213,700 for Planning Services for preparation of Environmental Impact
Report for Circulation Element Update. Submitted by the Acting Director of Planning
and Director of Public Works. Funding Source: The allocation of $213,700 is budgeted
in the Fair Share Traffic Impact Fee Professional Services Account, 20685201.69365.
(City Council) Approved and Accepted Federal 2006 Edward Byrne Memorial
Justice Assistance Grant (JAG) Program Award in the Amount of $24,127 and
Authorized the Chief of Police to Execute on the City's Behalf an Agreement to
Transfer Award Less One Percent (1%) to the County of Orange to Fund the
Countywide Pro -Active Methamphetamine Laboratory Investigative Team Task
Force (PROACT) Program - 1) Approved and accepted the Agreement to Transfer
Funds for 2006 Edward Byrne Memorial Justice Assistance Grant JAG Program
between the County of Orange and the City of Huntington Beach for federal fiscal year
2006; and 2) Authorized the Chief of Police to execute on the City's behalf the Federal
2006 Edward Byrne Memorial JAG agreements between the County of Orange and the
City of Huntington Beach that are approved as to form by the City Attorney. Submitted
by the Chief of Police. Funding Source: Not applicable.
(City Council) Approved Addendum in the Amount of $20,000 to the Professional
Services Contract with Turbo Data Systems, Inc. for Citation Processing Services
- Approved and authorized the Mayor and City Clerk to execute the Addendum to
Professional Services Contract Between the City of Huntington Beach and Turbo Data
Systems, Inc. for Citation Processing Services. Submitted by the Chief of Police.
September 18, 2006 — Council/Agency Minutes — Page 19 of 22
Funding Source: Expenses for this service are budgeted in the Parking Enforcement
Unit, Account Number 10070209.
(City Council) Escheated $1,297.52 of Unclaimed Funds Over One Year Old and
Less Than $15.00 Each to the City's General Fund per Government Code Section
50055 - Reviewed and approved the transfer of $1,297.52 of unclaimed funds less than
$15.00 to the unappropriated General Fund in compliance with Government Code
Section 50055. Submitted by the City Treasurer. Funding Source: Not applicable.
(City Council) Accepted and Executed Easement Deed from the Orange County
Water District (OCWD) to Accommodate the Ultimate Right of Way for Both Ellis
Avenue and Patterson Lane as a Condition of the Development of Well Site 1-32
Project Located at 18461 Patterson Lane
The City Council considered a communication from the Director of Public Works
transmitting the following Statement of Issue: Acceptance of an easement from the
Orange County Water District for road purposes is required as a condition of the Well
Site 1-32 project, located at Ellis Avenue and Patterson Lane. Funding Source: No
funding is required for this action.
Councilmember Cook requested that this agenda item be removed from the Consent
Calendar to inquire about the lack of landscaping on one of the walls. Deputy Public
Works Director Dave Webb explained that the landscaping is unfinished, stating that
some vegetation will be placed on the wall in question_
A motion was made by Cook, second Coerper to authorize the Mayor and City Clerk to
execute Easement Deed Well Site 1-32 for recordation by the Orange County Water
District. The motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
(City Council) Escheated $63,890.64 of Unclaimed Funds Over Three Years Old
and More Than $14.99 Each to the City's General Fund per Government Code
Section 50055
The City Council considered a communication from the City Treasurer transmitting the
following Statement of Issue: The City is holding $63,890.64 of unclaimed funds. Per
Government Code Section 50055, funds that are not the property of the City that remain
unclaimed for over three years and have not been claimed after publication of a notice
become the property of the City. Funding Source: Not applicable.
Councilmember Bohr requested that this agenda item be removed from the Consent
Calendar to ask for clarification on the items over $1000. Treasurer Freidenrich
explained they are, for example, checks for water refunds or vendor services that are
unclaimed. She described efforts made by the City to reimburse the funds, including
publishing of the information twice.
September 18, 2006 — Council/Agency Minutes — Page 20 of 22
A motion was made by Bohr, second Green to review and approve the transfer of
$63,890.64 of unclaimed funds to the unappropriated General Fund in compliance with
Government Code Section 20055. The motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
(City Council) Approved a City Council Position on Legislation Pending Before the
Federal, State, or Regional Governments as Recommended by the City Council
Intergovernmental Relations Committee (IRC)
Communication from Councilwoman Jill Hardy, Chair on behalf of Intergovernmental
Relations Committee Members Mayor Pro Tem Gil Coerper and Councilmember Don
Hansen transmitting the following Statement of Issue: Approve a City Council position
as recommended by the City Council Intergovernmental Relations Committee (IRC) on
legislation pending before a federal, state, or regional government, thereby authorizing
the Mayor to communicate the City's position to the elected members of the federal or
state legislature, or regional body. Funding Source: Not Applicable
Councilmember Hardy gave an oral report and asked the City Treasurer to comment on
SB 2821. Treasurer Freidenrich explained SB 2821 would repeal a 3% "value-added"
tax paid to the Federal Government by vendors and contractors.
A motion was made by Green, second Coerper to 1. SUPPORT SB 2821 (Craig) -
Withholding Tax Relief Act of 2006, as introduced on 5/17/06.
2. OPPOSE AB 573 (Wolk) - Design Professionals Indemnification, as enrolled to
Governor The motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
(City Council) Approved for Introduction Ordinance Nos. 3751, 3752 and 3753
Amending the Huntington Beach Municipal Code to Reflect the Duties and
Assignments of the City Treasurer and the Finance Director; Added Chapter 2.15
Finance Department; and, Added Chapter 1.22 Relating to Claims Against the City
of Huntington Beach
A motion was made by Green, second Hardy to 1) After City Clerk read by title, approve
Introduction of Ordinance No. 3751, An Ordinance of the City of Huntington Beach
Amending the Huntington Beach Municipal Code to Reflect the Duties and Assignments
of the City Treasurer and the Finance Director,
2) After City Clerk read by title, approve Introduction of Ordinance No. 3752, An
Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal
Code by Adding Chapter 2.15 Finance Department, and,
3) After City Clerk read by title, approve Introduction of Ordinance No. 3753, An
Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal
Code to Add Chapter 1.22 Relating to Claims Against the City of Huntington Beach.
The motion carried by the following roll call vote --
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
September 18, 2006 — Council/Agency Minutes — Page 21 of 22
(City Council) Submitted By Mayor Sullivan — Approved Designation of Funds for
the Building of a New Senior Center
The City Council considered a communication from Mayor Sullivan transmitting the
following Statement of Issue: Measure T has been placed on the ballot to consider a
particular site for the location of a new Senior Center. If Measure T passes, a funding
source will need to be identified. It is anticipated that at least $25 million in Quimby Act
park funds will be collected from the Pacific City project.
Councilmember Cook commented on competing interests for the funds to be received
into the Park Acquisition and Development fund, including park restrooms, the
Huntington Beach Playhouse, a swimming complex, sports fields, pier buildings, park
signs, needed library upgrades, and the purchase of additional park land. She stated
she would not support the Recommended Action.
Councilmember Hardy stated she opposes the Recommended Action. She asked staff
to clarify the funding to be received from the developer, and specifics of the Owner's
Participation Agreement (OPA). Economic Development Director Stanley Smalewitz
explained that neither the OPA nor the amount of Quimby Act park funds the City will
receive are definite at this point. Councilmember Hardy concurred with Councilmember
Cook's comments, also noting Bartlett Park needs development to deter vandalism.
Councilmember Bohr voiced his support for the motion for reasons including strategic
planning, the consultants' recommendations, and other uses in the Park.
Councilmember Green stated her reasons for supporting the Recommended Action,
stating that designating the funds is necessary regardless of the location of the center.
Mayor Pro Tern Coerper asked for clarification on the OPA and asked about alternatives
for constructing the project. Director Smalewitz reiterated there exists no signed
agreement at this time, so alternatives could be investigated.
Councilmember Hansen voiced his support for the Recommended Action.
A motion was made by Coerper, second Green to designate an amount not to exceed
$22 million from the Pacific City Quimby Act park fees or through the implementation of
an Owner Participation Agreement to build a new Senior Center and direct any funds not
expended on the senior center back into the Park Acquisition and Development Fund.
The motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, and Hansen
NOES: Hardy, and Cook
(City Council) Councilmember Bohr Thanked Councilmembers for Attending Save -
Our -Strays Event
Councilmember Keith Bohr thanked Mayor Pro Tern Coerper and Councilmember Green
for attending a Save -Our -Strays Event in his absence.
September 18, 2006 — Council/Agency Minutes — Page 22 of 22
(City Council) Councilmember Green Congratulated CERT Awardees, Edison
Students' Fundraiser, Senior Saturday Organizers, and Thanked Individuals
Councilmember Cathy Green congratulated Community Emergency Response Team
(CERT) awardees, announcing that the Dick White award went to Ester Witten. She
congratulated Edison High School students on their fundraiser selling jeans to raise
money for computers. She congratulated organizers on the recent Senior Saturday
event, and thanked individuals for prayers and good wishes they sent her on the
occasion of her father's surgery.
(City Council) Mayor Pro Tern Coerper Congratulated Councilmember Cook on
President of the Orange County division of the League of California Cities
Mayor Pro Tem Gil Coerper congratulated Councilmember Debbie Cook on her elected
position as President of the Orange County Division of the League of California Cities,
noting that the ceremony was held in the Superior Court - Santa Ana.
(City Council) Mayor Sullivan Congratulated Councilmember Cook, Noted Success
of the 9/11 Remembrance Ceremony, and acknowledged The Police Chief and Fire
Division Chief for Speeches
Mayor Dave Sullivan congratulated Councilmember Cook on her elected position as
President of the Orange County Division of the League of California Cities, described the
success of the 9/11 remembrance ceremony, and acknowledged Police Chief Ken Small
and Fire Division Chief Jacques Pelletier for their speeches at the event.
Adjournment — City Council/Redevelopment Agency
Mayor Sullivan adjourned the regular meetings of the City Council/Redevelopment
Agency of the City of Huntington Beach at 9:22 p.m. to Monday, October 2, 2006, at
4:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
ATTEST:
) (-,40,_ A.. ,
City CI and ex-o is o C r e ity
Counci the City of Huntingto Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
Ji, -,J
City Clerk-Cler Mayor -Chair