HomeMy WebLinkAboutLetter/Estimate from the Orange County Water District to Mr. DRAFT
Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, April 15, 2002
5:00 P.M. - Room B-8
7:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audiotape of the 5:00 p.m. portion of this meeting
and a videotape of the 7:00 p.m. portion of this meeting
are on file in the Office of the City Clerk.
Call to Order
Mayor Cook called the regular meetings of the City Council and the Redevelopment Agency of the
City of Huntington Beach to order at 5:00 p.m. in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
Absent: None
(City Council) Three Study Sessions Held— (1) Fire Department Staff Report Re: PCB
Contamination on County-Owned Soil Adjacent to Terminus of Graham Street at Bolsa
Chica Wetlands (520.40); (2) Overview of City's New Utility Billing System (600.10); and
(3) Presentation of Adopt-A-Storm Drain (1020.10)
(1) Fire Department Staff Report Regarding PCB Contamination on County-Owned Soil
Adjacent to Terminus of Graham Street at Bolsa Chica Wetlands— Property Formerly
known as Fieldstone Property (Now Owned by Hearthside Homes) (520.40)
Fire Chief/Information Systems Director Michael P. Dolder and Public Works Director
Robert F. Beardsley regarding soil contamination adjacent to the terminus of Graham Street at
the Bolsa Chica wetlands. (The property was formerly known as Fieldstone Property, and is
now owned by Hearthside Homes.)
Chief Dolder furnished an oral report on PCB contaminated soil located in a 42-45 acre area at
Graham Street, Warner Avenue, and the Bolsa Chica Wetlands. He stated that this is a county
contaminated site and the borings (samples)taken were a result of a review by the State
Department of Fish and Game. Chief Dolder reported that concentrations have been found
throughout the state. He stated that PCB is a carcinogenic and is not an airborne substance.
Chief Dolder informed Council that this area has been fenced off for clean up by the State
Department of Toxics (Department of Toxic Substance Control). He stated that the State Agency
will also be notifying property owners within a one-mile radius of the hazardous area.
Council Member Green asked if the city is able to provide citizens with any more information after
they are noticed by the State Department. Chief Dolder advised Council that there is no additional
known facts at this time; but will supply data as soon as it is received.
(2) April 15, 2002 - Council/Age..cy Minutes - Page 2
Public Works Director Robert F. Beardsley reported on the plans being made for the repair of
transformers and review of tract maps.
Council Member Dettloff questioned whether the state is required to do any testing in residential
areas as well as the Fieldstone Property. Chief Dolder responded that the contaminated soil will be
removed without further testing.
Chief Dolder reported that the parties who will be responsible for the cost of clean up is as of yet to
be determined.
Council Member Boardman asked whether said contaminate travels. In response, Chief Dolder
stated that PCB when found in soil is usually stationary. Council Member Boardman inquired
regarding safety factors for children. She expressed concern that the tires on children's bikes
traveling over the soil may become contaminated. Chief Dolder concurred that this is a risk factor.
Chief Dolder informed Council that this is an informational report to be updated as soon as his
department gets further information from the County and State Agencies involved.
(2) Utility Billing Overview of City's New System -to Return as an Administrative Agenda
Item for May 6, 2002 Council Meeting (600.10 AMX)
Fire Chief/Information Systems Director Dolder, City Treasurer Shari Freidenrich and Public Works
Deputy Director Paul Emery presented a verbatim oral report based on the Power Point
presentation, which was a Late Communication titled Municipal Services Statement distributed at
the study session.
Chief Dolder spoke regarding what he sees to be the advantages of the proposed Utility Billing
Program. He stated that by checking the meter every 30 days instead of 60 days, the city would
have a better indication as to household usage and therefore will be able to have a more effective
conservation program.
The staff made the recommendation to return with Utility Billing as an administrative agenda Item
for the May 6, 2002 City Council meeting.
(3) Presentation by the Public Works Department on the "Adopt-A-Storm Drain" Program
(1020.10)
Public Works Department Environmental Engineer, Geraldine Lucas distributed a Late
Communication packet containing collateral material titled Adopt-A-Storm Drain, and introduced
Paul Polizzotto, a representative of the program.
Mr. Paul Polizzotto reported on how the "Adopt-A-Storm Drain" program operates at no cost to the
community, generating eighty percent of revenue back to the city. He distributed a second Late
Communication titled Huntington Beach Proposed Signage Opportunities (with three matrices for
Plan A and B with Coastal Zone, and Plan C without Coastal Zone) to illustrate his point.
Mr. Polizzotto stated other cities such as Hermosa Beach and Redondo Beach have adopted this
program, which has been well received by support and advocacy groups, corporate sponsors, and
individual citizens.
(3) April 15, 2002 - Council/Age..cy Minutes - Page 3
Council Member Dettloff stated how well this program would fit in with the infrastructure
improvement program by demonstrating cost effective measures to handle pollution.
The Mayor thanked the presenters for their reports.
Motion to Recess to Closed Session—Approved
A motion was made by Dettloff, second Houchen to recess to Closed Session on the following
items. The motion carried by the following roll call vote:
AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
NOES: None
ABSENT: None
(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 Scottsdale Insurance Co. v. City of Huntington
Beach, Orange County Superior Court Case No. 761735. Subject: Scottsdale Insurance Co.
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 Logan W., a minor, by and through his Guardian
ad Litem, Geoffrey W., Geoffrey-W. and Jerilynne W., individually, v. City of Huntington
Beach, et al.; Orange County Superior Court Case No. 01 CC05234. Subject: Logan W., a
minor/Geoffrey W., et al. v. City of Huntington Beach, et al. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with
its designated representatives, Agency Negotiators: William Workman, Assistant City
Administrator; Clay Martin, Director of Administrative Services; and Steven M. Berliner, Esq. of
Liebert Cassidy Whitmore regarding labor relations matters— meet and confer with the
following employee organizations: HBMEO and HBFMA. Subject: Labor Relations — Meet &
Confer. (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 Talbert& Beach, Inc. v. City of Huntington Beach;
U.S. District Court Case No. SACV-001096-AHS (EEx). Subject: Talbert& Beach, Inc. 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 Howard Jarvis Taxpayers Assn., et al., v City of
Huntington Beach, et al.; Orange County Superior Court Case No. 818780. Subject: Howard
Jarvis Taxpayers Assn., et al., v. City of Huntington Beach. (120.80)
(4) April 15, 2002 - Council/Agt;..cy Minutes - Page 4
Reconvened City Council/Redevelopment Agency Meeting -7:00 P.M. -Council
Chambers
City Council/Redevelopment Agency Roll Call
Present: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
Absent: None
(City Council) City Attorney's Report of Action Taken by the City Council in Closed
Session on January 7, 2002 (Pursuant to Government Code §54957.1(a) (3) -Approved
Dismissal of Case in the Matter of Talbert & Beach, Inc. v. City of Huntington Beach,
USDCC No. SACV-001096-AHS (Eex) Re: Challenge to the City's Adult Business
Ordinance (120.80)
City Attorney Gail Hutton reported out that on Monday, April 15, 2002 the City Council convened in
closed session to discuss Talbert& Beach, Inc. v. City of Huntington Beach, United States District
Court Case No. SACV-001096-AHS (Eex), regarding the challenge to the City's Adult Business
Ordinance.
The City Council voted to accept the Plaintiff's offer to dismiss the case without prejudice, with each
side to bear its own costs and attorney's fees.
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
NOES: None
ABSENT: None
Pledge of Allegiance— Huntington Beach Search & Rescue Explorer Post.
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings)Act the City Clerk announced Late Communications
regarding agenda items that had been received by her office following distribution of the agenda
packet:
PowerPoint report from the City Treasurer for the Study Session on Utility Billing titled Municipal
Services Statement.
Two communications from the Public Works Department on the "Adopt-a-Storm Drain" Study
Session: A compilation of collateral material titled Adopt-a-Storm Drain and a matrix titled
Huntington Beach Proposed Signage Opportunities.
Slide show presentation dated April 15, 2002 from Shari Freidenrich, City Treasurer, titled
February Treasurer's Report.
Communication from C. Gary Puissegur dated April 15, 2002 requesting continuance on the
administrative agenda item relative to prevailing wage rates.
(5) April 15, 2002 - Council/Age..cy Minutes - Page 5
Communication dated April 15, 2002 from the Economic Development Department transmitting
a slide show presentation (slide show presentation titled Proposed Southeast Coastal
Redevelopment Project Report to City Council). Communication titled PowerPoint Presentation
for Item F-2, Redevelopment Agency Transmitting its Report to Council on the Proposed
Southeast Coastal Redevelopment Plan.
Communications submitted to the City Clerk's Office on April 15, 2002 by Department of
Administration transmitting local residents' support of removing the park designation at the
intersection of Quarterhorse and Saddleback. Communications were received by the following:
Jim and Elise Mowrey; Dennis and De Anna Holloway; Curt and Joanne Chivers; Warren and
Fran Holthaus; Jay B. and Lynne B. Davis; Ralph and Marlene Weaver; James K. DelloRusso,
M.D.; Dennis and Kathy D'Ambra; Lauren Damron; Khanh Pham and My Dang; Linda and Bob
Pappoff; Gary Mykles; Kevin P. Conlisk; Kevin P. Conlisk and family; Paulette Wilhelmy;
Paulette Wilhelmy and family; Dr. and Mrs. Cuong Viet Tran; David and Linda Fender; John P.
and Helene N. Skratt; and Denise Menichiello.
Communication from the City Attorney dated April 15, 2002 titled Implementation of
Brindle/Thomas Settlement Agreement, Conveyance of Tract 306 Parcels and City Charter
Section 612.
Communication dated April 15, 2002 from Gerald L. Chapman, D.D.S. transmitting his opinion
on topics needing discussion relating to this item.
Communication dated April 13, 2002 from John White transmitting his support of the
recommended item as proposed regarding Varsity Drive. Communication titled Public Works
Commission Recommended Action Regarding Varsity Drive.
Communication dated April 15, 2002 from Bob and Jean Polkow transmitting their support for
the reduction in the number of Council Members from seven to five.
Communication from the City Attorney dated April 15, 2002 and titled Agenda Item H-1b:
Formation of Ad Hoc Police-Directed Towing Council Committee.
Mayor's Award — By Mayor Debbie Cook to Tom Shaw, Fire Captain/Hazardous Materials,
Huntington Beach Fire Department. Captain Shaw and his two "families," immediate and crew,
were present to celebrate his award. (160.40)
Public Comments
Joe Bookout spoke in opposition to the designated neighborhood park in the Goldenwest-Ellis
quarter section.
Cheryl Smith spoke in favor of the city's retention of the prevailing wage rates.
Joey Racano supported the Clean Water Act, requesting the ban of the Federal Section 301-H
waiver for the Orange County Sanitation District. Mr. Racano spoke in opposition to the
proposed Charter Amendment to reduce the number of Council members from seven to five to
be elected by districts and not at-large.
(6) April 15,2002 -Council/Agb..cy Minutes - Page 6
Tom Moxley, Local 433, Iron Workers Union, spoke in opposition to the removal of the
prevailing wage rates for reasons that it will lower the standard of living.
Dale Dunn, Vice President, Council on Aging, announced that the latest acquisition for the
Senior Transportation Program is an 11-passenger van. He provided the contact for scheduling
transportation is Bob Davis at 714-842-1433. Mr. Dunn stated that the Center needs more
volunteer drivers.
Dean Albright named several former mayors and council members opposed to districting.
Mr. Albright provided historical information, stating that 1937 was the first year when the
proposed concept had been voted down.
Martha Morrow, Heritage of Huntington Shores Home Owners Association, informed Council
that she is speaking in the capacity of President of the HOA to address the ordinance on the
neighborhood park designation. She stated that she lives in closest proximity to the proposed
park site. Ms. Morrow urged Council to vote to look for a different location for a public park.
Doug Williams, Local 433, urged the prevailing wage rate to be kept. He stated that studies
done on non-prevailing compared to prevailing wage rates, show no discernible difference in
cost.
Steve Skinas, Organizer, Local 433, spoke in opposition to elimination of the prevailing wage
rate, whether by the City or the State of California. Mr. Skinas informed Council that he holds a
Chair on a Committee with the Federal Labor Board.
Meryl Holt, Organizer, Iron Workers Local 433 spoke in favor of the prevailing wage rate.
Jim Dello Russo spoke regarding the Edwards Hill park issue, stating that he is in favor of a
gated community.
David Ball, Iron Workers Local 433, stated he is concurs with all the representatives who have
spoken previously relative to the prevailing wage rate.
Debbie Borden stated that she is against the absence of prayer. Ms. Borden stated her belief
that prayer should govern the city to make wise decisions.
Dave R. Voight spoke in favor of retaining the prevailing wage rate.
Paul Evans, Business Representative, United Association, Local 250,.informed Council of his
intent to speak as a taxpayer able to make a living due to the prevailing wage rates.
Chuck Scheid spoke relative to the prevailing wage rate agenda item. Mr. Scheid gave an
instance regarding a contractor from the City of Irvine. Mr. Scheid distributed to Council a report
supporting his findings.
Marvin Markham, retired electrician, announced that he had worked on a prevailing wage rate
job for 44 years.
(7) April 15,2002 -Council/Agt..cy Minutes - Page 7
John P. Skratt expressed his opinion that the proposed park site, to which he is very opposed,
is redundant and unnecessary. Mr. Skratt stated that the public park will have adverse effects if
the quarter section becomes a through street.
Jim Adams, Representative, Los Angeles/Orange County Building & Construction Trade Council,
stated several reasons why the payment of the prevailing wage rate is beneficial to the worker, the
job being performed, and the community.
Sue Hanlon furnished reasons why she favored Council districts including that she believed
districts would result in less expensive elections and obtaining more responsive representatives.
(Mayor Pro Tern Bauer briefly responded to Ms. Hanlon's comments.)
Tom Martin stated he has supported his family and sent his children through school while earning
prevailing wages. He presented what he believes is an example of the result of using out-of-state,
non-prevailing wageworkers; the power plant on Newland Street not yet completed, which had been
approved on a "fast track" basis.
Gerald Chapman asked questions regarding the Quimby Act requirements as it pertains to the item
on the agenda regarding the removal of the park designation at Golden West and Ellis Avenue.
Dr. Chapman inquired if a schedule has been established for park fee development for the quarter
section, as he could not ascertain if one had been prepared.
William Bond, Local 415, Iron Workers, stated he was single wage earner who can afford to live in
the city due to the prevailing wage payment.
Martha Flynn spoke in support of the city continuing to pay the prevailing wage rate, stating that
otherwise a substandard quality of work would result.
Arlene Dowski extended appreciation to Captain Shaw and the members of the Fire Department.
She announced that she is in attendance with 33 other neighbors to present a petition to Council
listing approximately 270 non-paid signatures of persons requesting assistance. Ms. Dowski
distributed material relating to the need for safe ingress and egress to Rancho Huntington Mobile
Home Park, citing a recent, nearly fatal traffic accident. Ms. Dowski suggested that Council
consider a traffic control study to determine a resolution for entering/exiting and the installation of a
holding pocket lane for safe merging, such as she stated is found at nearby Huntington Continental
South.
(The Mayor requested the speaker to leave her name with the Public Works Director.)
Mike Elwell informed Council that he was able to purchase a home in the city due to prevailing
wage rates. Mr. Elwell urged Council to preserve the standard; stating he could not otherwise
continue to live in Huntington Beach and support his family.
Judy Maguire, Rancho Huntington Mobile Home Park, informed Council that prior to the accident
on Brookhurst Street outside her residence, she had called the Department of Public Works and an
employee seemed to be in favor of a turn pocket. She stated reasons why the installation of a
holding lane would make entering and exiting the mobile home park safer.
(8) April 15, 2002 -Council/Age..cy Minutes - Page 8
Michael Nisbett, D.D.S., announced that he is a resident of Rancho Huntington Mobile Home Park
and that he favors a turn pocket. Dr. Nisbett expressed his appreciation for Council's interest in the
problem.
Tim Ryan, Attorney, stated that he believes the City Attorney's legal opinion on the agenda item
relating to the park site at Goldenwest Street and Ellis Avenue is well thought out and that the
outside attorney's report on the issue is unclear.
Bryan Erdeman stated he was working on a project in Huntington Beach and is a homeowner in
Huntington Beach. Mr. Erdeman informed Council that he favors the city's continuance of the
payment of the prevailing wage rate.
Robert Barrow, Local 427, stated his intent to remind Council that men, women, children and
families will be adversely affected by a lowered wage rate.
Doug Chappell, International Brotherhood of Electrical Workers, stated that he is representing
thousands of electrical workers. He informed Council that his union is in the midst of negotiations.
He spoke in favor of the maintenance of prevailing wage rates. Mr. Chappell stated his opinion that
the AES "fast track" power plant project is still not completed as a result of the refusal by the
contractor to pay prevailing wage rates.
Steve Brown stated that he is speaking on behalf of 200 electricians to advise Council that in order
to recruit skilled and trained workers, a prevailing wage rate is needed.
Ron Edwards Sr. appealed to Council that it would be a tragedy to reverse, and to cut the
prevailing wage rate. Mr. Edwards cited instances when workers were called upon to clear a
disaster, such as that occurred when the Governor needed the earthquake area cleared. Also
mentioned was the callout by the Governor for the clearing of the Twin Towers site.
Mike Jacobs spoke regarding the gating and park issue at the Goldenwest and Ellis Avenue
quarter section. Mr. Jacobs requested that a park not be developed for reasons of safety, as there
are no sidewalks in this equestrian area.
Chantele Artman, Association of Builders and Contractors, spoke in favor of lowering the
prevailing wage rate. Ms. Arman informed Council that studies have been done stating that
prevailing wage payment is not preferable, and only about twenty percent of workers are unionized.
(Mayor Cook responded that Council has not taken a position on the matter.)
James Kerr, member of the Association of Builders and Contractors and Open Shop Merit
Contractor, spoke regarding the differences between contractors who bid prevailing wages and
those who do not. Mr. Kerr stated that all contractors, whether union, non-union or unaffiliated,
have to pass specifications tests and comply with State of California standards.
David Guido, Open Shop Merit Contractor, provided reasons why he believes that the prevailing
wage rate contractor does not provide any advantage over the non-prevailing wage worker.
Mark Ronis, Local 250, informed Council that he is a certified steamfitter working for a prevailing
wage rate.
(9) April 15, 2002 - Council/AgL-,.cy Minutes - Page 9
Joe Kisner stated that he believes the prevailing wage rate is a factor in keeping qualified workers
building bridges, schools and other infrastructures in the community.
Ken Andersen spoke in support of the prevailing wage rate.
Curt Chivers spoke in opposition to the subject proposed park at the Goldenwest Street and Ellis
Avenue site, for reasons that there are many other parks surrounding the area. He expressed his
belief that the judge has already ruled in open court. Mr. Chivers stated his preference for a gate
over a park.
Rick Eider informed Council that he represents two organizations: the United Food and
Commercial Workers Union 324 and the Orange County Central Labor Council requested that
Council consider the need for quality work on projects. He spoke relative to the Davis Bacon Act
and spoke in favor of the prevailing wage rate. Mr. Eider also cited his work with the District
Attorney relative to contractors circumventing the law and not paying overtime.
Ron Renish, Commercial Workers of America, informed Council that he had served as a Drug and
Alcohol Counselor for the union. Mr. Renish presented reasons why reports relative to the City of
Irvine's non-payment of the prevailing wage rate are not correct.
Dennis Flanagan stated that he wished to add vocal support to the opinion of the majority not to
have park at the Goldenwest Street and Ellis Avenue.
John Getz stated that the non-payment of the prevailing wage rate would have a negative impact
on the community as a number of citizens depend on the prevailing wage and put the money right
back into the community.
Dan Kittredge requested Council support of the prevailing wage rate. Mr. Kittredge stated it has
allowed his family to live in the city because it is a living wage; that people who work in the city are
not required to have to live in Riverside.
Don McGee spoke regarding of Huntington Beach Tomorrow in terms of its being a watchdog
committee and a guiding influence to the city. Mr. McGee spoke in opposition to Council districting.
Peter L. Nicholson spoke regarding the need for the prevailing wage rate stating that he is also a
landscape contractor and has bid on prevailing and non-prevailing wages rate jobs. Mr. Nicholson
stated that his father was a member of Local 200 who provided a high quality of living for his family.
Michael D'Angelo, Attorney for the Law Firm of Palmieri, et al., spoke in support of Council
reconsideration of the agenda item relative to the Holly Seacliff Area of Benefit District.
Mr. D'Angelo presented suggested modifications.
Norm Westwell spoke in support of not paying a prevailing wage rate for reasons that he is a
taxpayer who is paying the wages. He requested that Council adopt his recommended "NormFed"
currency intended to keep spending dollars locally and generate revenue for the city.
Richard Quevedo, Laborers' International Union of North America, spoke regarding the benefits to
the community from upholding the prevailing wage rte payment by the city. He stated that he does
not believe constructed buildings will be structurally safe if the prevailing wage rate is not applied.
(10) April 15, 2002 - Council/AgL-.,cy Minutes - Page 10
Russ Nicholson, Representative of Local 200, claimed he represents the only State approved
apprenticeship program in California. Mr. Nicholson cited the benefits of paying the prevailing wage
rate to workers.
James McGuire, Iron Workers Local 433, stated that he has worked both sides, prevailing, and
non-prevailing wage rate. Mr. McGuire stated that he has health insurance and is able to teach
apprenticeship programs.
Judy Bookout stated that by withholding clapping during public comments, people at home will not
be able to know how the speakers are perceived. She spoke against a park in the designated area
of Goldenwest Street and Ellis Avenue.
Dave Sullivan thanked Council for the continuance of the public park agenda item, so that the
authors of Measure C are able to meet. Dr. Sullivan stated that he and the other two attendees at
the meeting, one of whom is an attorney, disagreed with the City Attorney's opinion as to whether
there was a legal requirement to build the park at Goldenwest Street and Ellis Avenue. He stated
that he agreed with Mr. Scheid's report on the prevailing wage rate and urged Council discontinue
paying it as soon as possible. Dr. Sullivan spoke regarding street sweepers making $80,000 per
year.
Steve S. Sullivan stated that he is an electrician who perhaps should be a street sweeper. He
spoke relative to the Davis Bacon Act and in favor of the city retaining the prevailing wage rate.
Mr. Sullivan stated that non-union workers are able to do quality work; however paying prevailing
wage rate allows a good standard of living.
Matt Vining, Vice President, Local Union 44— International Brotherhood of Electricians informed
Council that he favors retaining the prevailing wage rate, and requests Council not to rescind it.
Lupe Rodriguez, Local Laborers' Union 652, Santa Ana, stated her hopes of a Council decision in
support of the prevailing wage rate. She spoke regarding the importance of obtaining quality work.
William N. Fagin, Local Unions 504 and 831, Trade Show Installations, stated that the quality of
living will be affected by the lack of a prevailing wage rate. He stated that he has worked for both
types of contractors and that the safest work is done by union workers. Mr. Fagin informed Council
of the trade shows that are allowed to bring in people to do their own work and how accidents have
occurred.
Janet Doe spoke in opposition to the proposed public park in her neighborhood. She informed
Council the Goldenwest and Ellis quarter section has good access to many parks. Ms. Doe spoke
regarding safety issues, stating that the community would like to have gates because there are no
sidewalks in the area, and there are speed problems affecting children's safety.
(City Council) Announcement Made by Council Member Grace Winchell of Appointment
of Mark Fiduccia to the Finance Board (110.20)
Council Member Winchell announced her appointment of Mark Fiduccia to the Finance Board.
The City Council unanimously consented with all present, none absent, to direct the City Clerk
to record in the official Council minutes the Council appointment made by Council Member
Winchell of Mark Fiduccia to the Finance Board.
(11) April 15, 2002 - Council/Agt;..cy Minutes - Page 11
(City Council) Announcement of the Success of the Visit by the Huntington Beach
Delegation to Sister City, Anjo, Japan (150.30)
Mayor Cook reported on the success of the recent visit by the city's representatives to the Sister
City of Anjo, Japan. The Mayor stated how the Japanese counterpart commended the city for
the fact that the city election officials are comprised of women in the majority.
(City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's February 2002
Report Titled City of Huntington Beach Summary of City Investment Portfolio, Bond
Proceeds, and Deferred Compensation Activity (310.20)
Council considered a communication from City Treasurer Shari Freidenrich transmitting the
Monthly Investment Report for February 2002.
City Treasurer Freidenrich presented the PowerPoint slide report that had been announced
earlier by the City Clerk as a Late Communication.
A motion was made by Boardman, second Winchell to review and accept the monthly report.
Following review of the report, by motion of Council, accept the Monthly Investment Report
Summary of Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for
February 2002, 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, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
NOES: None
ABSENT: None
(City Council) Continued Open from March 18, 2002—Approved Recommendation to
Continue Open to May 20, 2002 — Public Hearing to Consider Approval of Zoning Map
Amendment No. 01-03 of Subareas A through D (General Plan Consistency) —Continued
Open to Consider Approval of Introduction of Ordinance Nos. 3543, 3544, 3545, and 3547
(450.20)
Mayor Cook announced that this was the time scheduled for a public hearing continued open
from March 18, 2002, which is being recommended for approval to remain continued open to
May 20, 2002.
Applicant: City of Huntington Beach, Planning Department.
Request: To rezone four subareas of properties to make the zoning designations consistent
with the current General Plan land use designations as follows:
Subarea A(McCallen Park/Boy's and Girl's Club): Rezone from RM-O (Residential Medium
Density with Oil District Overlay) to OS-PR (Open Space-Park and Recreation). Location: 2309
Delaware Street (west side, south of Yorktown Avenue).
Subarea B (Church of Jesus Christ of Latter Day Saints): Rezone from RM (Residential
Medium Density) to PS (Public-Semipublic). Location: 19191 17th Street (west side, north of
Clay Avenue).
(12) - April 15,2002 - Council/Agt..cy Minutes - Page 12
Subarea C (Water Division Office/Yard): Rezone from IL (Limited Industrial) to PS (Public-
Semipublic). Location: 19001 Huntington Street (southwest corner of Huntington Street and
Garfield Avenue).
Subarea D (Seniors Center): Rezone from OS-PR (Open Space-Park and Recreation) to PS
(Public-Semipublic). Location: 1706 Orange Avenue (northwest corner of 17'h Street and
Orange Avenue).
Environmental Status: This item is covered under Final Environmental Impact Report
No. 94-1.
A motion was made by Dettloff, second Green to continue Zoning Map Amendment No. 01-03 to
the May 20, 2002 City Council meeting. The motion carried by the following roll call vote:
AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
NOES: None
ABSENT: None
(City Council) Continued Administrative Public Hearing Open to May 6, 2002 to Consider
Adoption of Resolution No. 2002-30 and to Consider Approval of Certification of Special
Assessments for Delinquent Civil Fines for Municipal Code Violations (570.60)
Mayor Cook announced that this was the time scheduled for an administrative public hearing as
required by the California Government Code Section 38377.5 for the purpose of certifying
special assessments against properties where public nuisances have occurred.
Request for Council certification of recording Notices of Special Assessments against private
property for the value of unpaid civil fines, plus interest and penalties, pursuant to Ordinance
No. 3397 adopted by City Council on June 15, 1998.
City Attorney Gail Hutton provided an oral report, stating that administrative hearing is required
by Huntington Beach Municipal Code 1.18. Only property owners are entitled to speak at this
administrative hearing. All other interested parties may speak during the regular Public
Comments section of the agenda at the beginning of the meeting.
Mayor Cook requested removal of one of the violating properties from the administrative
citations list until she has had opportunity for further discussion with Mr. Garrold Gott.
City Attorney Hutton stated that the administrative public hearing is a quasi-criminal issue, and
reported on the matter.
Upon City Attorney Hutton's request, Deputy City Attorney Jennifer McGrath spoke regarding
the appellate process and the citizen's appeal rights.
Council Member Boardman addressed the fact that said individual appealed to both the Mayor
and Code Enforcement regarding his case.
Council Member Houchen stated that she is comfortable with postponing the entire procedure
pending the subject in question.
(13) April 15, 2002 - Council/Agt..cy Minutes - Page 13
A motion was made by Houchen, second Dettloff to open and continue the administrative public
hearing open to May 6, 2002 for consideration of the adoption of Resolution No. 2002-30 to
approve certification of Special Assessments for Collecting Delinquent Civil Fines for Municipal
Code Violations. The motion carried by the following roll call vote:
AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
NOES: None
ABSENT: None
Consent Calendar— Item Removed for Separate Discussion
The following item was removed from the Consent Calendar for separate discussion:
(City Council) Professional Services Contract Between the City and Maximus, Inc. for Executive
Recruitment Services for the Position of Human Resources Manager (600.10)
Consent Calendar— Items Approved
On motion by Green, second Dettloff, Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Green, Bauer, Dettloff, Cook, Houchen, Winchell, Boardman
NOES: None
ABSENT: None
(City Council) Approved Appropriation of Funds for the Police Facility and Civic Center
Chiller Emergency Replacements (Air Conditioning Repair/Maintenance) (320.45)
Authorized the Finance Director to appropriate $88,000 for the replacement of the needed
components in the Police Facility and Civic Center air conditioning systems. Submitted by the
Public Works Director. Funding Source: Funds are not available in the current budget. The
amount of$88,000 will be appropriated from the General Fund Unappropriated Fund Balance to
Civic Center Maintenance, Contracts for Repair and Maintenance.
(City Council) Approved City Council Position on Legislation Pending Before the Sate
Legislature, and/or Congress as Recommended by the City Council Intergovernmental
Relations Committee (120.70)—The City Council Intergovernmental Relations Committee has
reviewed the legislation below and recommended that the City Council take a position on the
following items and authorized the Mayor to send letters reflecting those positions to the
legislators: 1. SUPPORT—AB 2863 (Longville, Daucher) Housing Element; 2. SUPPORT—
AB 2073 (Canciamilla) Assessment of Power Generation Facilities; 3. OPPOSE—AB 1890
(Horton) Civil Service Employees/Personnel Commission Representation; 4. SUPPORT—SB
1688 (Margett) Supplemental Firefighting Equipment Fund; 5. SUPPORT—AB 2233 (Wright)
Firefighting Equipment Bond Act; 6. SUPPORT—SB 1874 (Johnson) OCTA Restructuring; 7.
SUPPORT—AB 2569 (Cardoza) Emergency Telephone Users Surcharge; 8. SUPPORT—
SCA 10 (Speier) Library Bond — Lower Vote Requirement for Library Bonds to 55%; 9.
SUPPORT— SB 1916 (Figuero) Local Coastal — Non-point Pollution with the letter to request a
revision in the language to note the responsibility of non-coastal cities in resolving the non-point
pollution problem; 10. SUPPORT—AB 1892 (Harman) Orange County Sanitation District; 11.
OPPOSE—SB 1518 (Torlaksen) Recycled Water; 12. OPPOSE —AB 2521 (La Suer) Traffic
Signals; 13. OPPOSE —AB 1800 (Kehoe) Motor Vehicles — Disabled Persons; 14. SUPPORT—
(14) April 15,2002 -Council/Ag�..cy Minutes - Page 14
AB 2351 (Canciamilla) Water Quality— Civil Liability; and 15. SUPPORT—SB 1619 (Romero)
Hazardous Electronic Scrap. Submitted by Council Member Shirley Dettloff, Chairperson,
Intergovernmental Relations Committee on behalf of Mayor Debbie Cook and Mayor Pro Tern
Ralph Bauer. Funding Source: Not Applicable.
(City Council) Authorized Replacement of Damaged Fire Department Staff Vehicles—
Approve Fund Appropriation (320.45)—Approved and authorized the appropriation of
$43,000 from the undesignated, unappropriated fund balance of the Equipment Replacement
Fund and transfer to the Equipment Replacement Fund (55340102.85050). Submitted by the
Fire Chief/Information Systems Director. Funding Source: See above.
(City Council) Accepted and Awarded Bid for the Miscellaneous Sewer Lining Project,
Phase I; CC-1178 to Z.Z. Liner, Inc. —Approved Sample Construction Contract (600.60)
1. Accepted the lowest responsive and responsible bid submitted by Z.Z. Liner, Inc., in the
amount of$796,499; and 2. Authorized the Mayor and City Clerk to execute a construction
contract with Z.Z. Liner, Inc. in substantially the same form as the attached sample construction
contract. Submitted by the Public Works Director. Funding Source: Funds in the amount of
$800,000 are budgeted in the Sewer Service Fund, Sewer Line Repairs Account.
(City Council) Authorized Sale of Huntington Beach Dyke Well Property to Orange
County Water District (650.70)— 1. Authorized the Mayor and City Clerk to execute the
Agreement for Purchase and Sale of Real Property By and Between the City of Huntington
Beach and the Orange County Water District to sell the Dyke Well property to the Orange
County Water District in the amount of$117,050; and 2. Authorized the Mayor and City Clerk to
execute the Corporation Grant Deed. Submitted by the Public Works Director. Funding Source:
$117,050 Revenue to be deposited in Water Fund -OCWD Account.
(City Council) Adopted Resolution No. 2002-32 Amending the Memorandum of
Understanding between the City and the Huntington Beach Fire Management Association
(HBFMA) (720.20) —Adopted Resolution No. 2002-32 — "A Resolution of the City Council of
the City of Huntington Beach Approving and Implementing the Memorandum of Understanding
Between the Huntington Beach Fire Management Association (FMA) and the City of Huntington
Beach for 12/22/01 Through 12120102." Submitted by the Assistant City Administrator and the
Administrative Services Director. Funding Source: Fiscal Year 2001/2002 budget. The total
annual cost $35,000. The total cost for Fiscal Year 2001/2002 is $28,000.
(City Council) Adopted Resolution No. 2002-31 Amending the Memorandum of
Understanding between the City and the Huntington Beach Management Employees
Organization (HBMEO) (720.20)—Adopted Resolution No. 2002-31 — "A Resolution of the
City Council of Huntington Beach Approving and Implementing the Memorandum of
Understanding between the Huntington Beach Management Employees'Organization (MEO)
and the City of Huntington Beach for 12/22/01 through 12120102." Submitted by the Assistant
City Administrator and the Administrative Services Director. Funding Source: Fiscal Year
2001/2002 budget- $326,000. The total annual cost to implement the Memorandum of
Understanding with the Huntington Beach Management Employees' Organization is $408,000.
(15) April 15,2002 -Council/AgRy Minutes - Page 15
(City Council) Approved Professional Services Contract between the City and Maximus,
Inc. for Executive Recruitment Services for the Position of Human Resources Manager
(600.10)
Council Member Boardman requested that this item be removed from the Consent Calendar.
She stated that she can see the rationale for hiring an outside consultant for Police Chief
executive recruitment services, but questioned why staff cannot perform an internal selection
process for the Human Resources Manager.
Assistant City Administrator William Workman reported on several concerns relating to
personnel matters, which he stated resulted in the decision to request to contract out for the
proposed services. He included among the reasons a need to seek out an ideal candidate who
possesses a strong labor relations background, Personnel Commission issues, and the
shortage of staff.
A motion was made by Dettloff, second Green to approve and authorize the Mayor and City Clerk to
execute the Professional Services Contract between the City of Huntington Beach and Maximus,
Inc. for Professional Recruitment Services for the Position of Human Resources Manager. The
motion carried by the following roll call vote:
AYES: Green, Dettloff, Bauer, Houchen, Winchell
NOES: Cook, Boardman
ABSENT: None
(City Council) Directed Staff to Maintain Current City Policy of Payment of Prevailing
Wage Rates (Subsequent to Council Review of Staff Report and Pursuant to Mayor Pro
Tern Ralph Bauer's Memorandum at March 4, 2002 Council Meeting) (800.10)
The City Council considered a communication from the City Administrator transmitting a report
pursuant to the memorandum submitted by Mayor Pro Tem Bauer at the March 4, 2002 Council
meeting requesting that staff "Present information with regard to the necessity, or lack thereof,
to pay prevailing wages. Such information should be designed to enable the City Council to
adopt a policy concerning this matter."
The staff report sets forth:
• A brief history of prevailing wage;
• Explains its method of calculation;
• Examines its applicability to the city;
Provides summaries of research into prevailing wage and its impact on construction
projects and maintenance and service contracts;
• Briefly details arguments typically made for and against prevailing wage;
• Examines how other California charter cities have dealt with the issue;
• Examines prevailing wage impacts/requirements relating to the city's street sweeping
and refuse collection contracts; and
• Presents information regarding living wage requirements.
Senior Departmental Analyst Pete Grant presented the PowerPoint slide report titled Report of
Prevailing Wage, which was included in the agenda packet.
(16) April 15, 2002 -Council/Agb..cy Minutes - Page 16
Mayor Pro Tern Bauer ascertained from Senior Analyst Grant that some cities have the option of
handling construction projects with or without prevailing wage rates.
Discussion held centered on the fact that the street sweeping contract triggered the present
prevailing wage rate issue.
Senior Analyst Grant briefly reported on the findings on the side-by-side comparison; the survey
conducted with the contractor bid of prevailing wage versus the city crew.
Mayor Pro Tern Bauer spoke regarding a study conducted in the city of Santa Monica. He
informed Council that said city is not a proponent of prevailing wage.
Council Member Dettloff suggested meeting with representatives of various unions and Public
Works personnel to discuss quality of workmanship requiring the highest level of training. She
stated her belief that the payment of the prevailing wage guarantees quality work. Council
Member Dettloff promoted the need to protect the worker and recommended that the city
continue paying the prevailing wage rate.
Council Member Green, after having inquired, learned that Art Jensen, the President of the
Huntington Beach Municipal Employees Association (HBMEA)was not present. He referred to
a communication from the HBMEA President, in which he stated Mr. Jensen gave four reasons
for his support of the prevailing wage rate.
Council Member Green commended Senior Analyst Grant and made reference to Page
No. F-1.11 of the staff report relative to twice-a-month street sweeping.
Council Member Boardman conveyed her interest in the aforementioned study, and stated her
support of maintaining the present policy of providing the prevailing wage rates. She rebutted
the claim made by Dr. Sullivan during the Public Comments portion of the meeting, that street
sweepers are paid $80,000 a year.
Mayor Cook provided history for the genesis of the street sweeping comparison study, stating
that pollution required the need for twice-a-month services; that it is an unfunded mandate.
Mayor Pro Tern Bauer inquired regarding two outstanding issues in relation to the Overmyer
Reservoir construction project.
Assistant City Administrator Workman responded that these matters will be discussed at a
meeting in the near future.
A motion was made by Houchen, second Dettloff to direct staff to maintain the city's current policy
of requiring prevailing wage rates. The motion carried by the following roll call vote:
AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
NOES: None
ABSENT: None
(17) April 15, 2002 - Council/Agt;..cy Minutes - Page 17
By unanimous consent of Council with all present, none absent, the following
item was brought forward:
(City Council) Continued from 4/1/02 -Adopted Ordinance No. 3542 Repealing Ordinance
No. 3287 (Relating to Designation of a Future Neighborhood Park Site Per Settlement and
Release Agreement Approved between Brindle/Thomas, et al. and City-OCSC No. 750203)
—Approved As Amended, the Replacement of Park Fund Expenditures (640.10)
The City Council considered adoption of Ordinance No 3542, which had been approved for
introduction at the March 4, 2002 and continued from March 18, 2002 and April 1, 2002 for
consideration of the adoption continued.
Mayor Cook recused herself from consideration of the above-captioned agenda item, as her
residence is in the vicinity of the proposed park site. Mayor Pro Tern Bauer presided.
Council Member Boardman referred to Dr. Chapman's question made during the Public
Comments portion of the meeting, inquiring if there were park fees involved, and if there are any
provisions for reimbursement to be made to the property owners.
In response, Community Services Director Ron Hagan reported on capital improvement park
acquisition and development funds.
Council Member Boardman suggested adding to the recommended action that any park funds
expended should be replaced.
After the City Clerk read by title, a motion was made by Boardman, second Houchen to 1. Adopt
Ordinance No. 3542 — "An Ordinance of the City of Huntington Beach Repealing Ordinance No.
3287 Related to the Designation of a Future Park Site Within the Ellis-Goldenwest Specific Plan
Area;"and 2. Approve, as amended, that any park fund expended should be replaced. The
motion carried by the following roll call vote:
AYES: Green, Dettloff, Bauer, Houchen, Winchell, Boardman
NOES: None
ABSENT: None
ABSTAIN: Cook
(City Council/Redevelopment Agency) Adopted Resolution No. 334—Approves and
Authorizes Transmittal of Report to City Council on the Southeast Coastal
Redevelopment Plan and Transmitting the Proposed Redevelopment Plan — Rosenow
Spevacek Group, Inc. (RSG) (410.70)
The City Council considered a communication from the Deputy Executive Director informing the
City Council that as a part of the Redevelopment Plan adoption process the Agency is to
consider a resolution approving and transmitting to the Council its Report on the Southeast
Coastal Redevelopment Plan.
(18) April 15, 2002 -Council/Agb..cy Minutes - Page 18
The staff report sets forth that over the past several months of public discussions on the
proposed Redevelopment Plan, staff has accumulated a series of specific redevelopment goals
and expectations that have been incorporated into the draft Plan. The Plan itself is a legal
document that describes the manner in which the Agency may use redevelopment and its
financial resources in the future, and does not propose any specific actions at this time. Specific
redevelopment activities would be determined as the Agency prepares its five year
implementation plan, the draft of which is included within the attached Report to Council, and
considers its annual budget and work program.
The Redevelopment Plan incorporates much of the public input provided over the past several
months; specifically:
1. No Merger with Existing Project Area;
2. Preservation of Wetlands and Open Space; and
3. Limitation on Potential Land Uses under Redevelopment.
A joint public hearing on the proposed Redevelopment Plan is scheduled for May 20, 2002. The
Report to the City Council incorporates the Agency's Preliminary Report, approved on January
22, 2002, as well as additional information required by Redevelopment Law. The purpose of the
Report is to assist the City Council in its consideration of the Plan and its legally required
findings and determinations. Specifically, the Report includes the following components (per
Section 33352 of the California Community Redevelopment Law):
Communication dated April 8, 2002 and titled Southeast Coastal Redevelopment Project Report
to the City Council was included in the agenda packet.
Communication dated January 22, 2002 and titled Southeast Coastal Redevelopment Project
Draft Redevelopment Plan was included in the agenda packet.
Deputy Executive Director David Biggs delivered the PowerPoint presentation that had been
announced earlier by the City Clerk as a Late Communication.
City Treasurer Freidenrich reported on the property tax revenue received from the Huntington
Beach AES power plant.
A report was made regarding Migden's Assembly Bill 81, and the amended AAB 95, in relation
to the capture of redevelopment funds.
Council Member Dettloff referred to Page No. F-2.112 of the staff report, inquiring about the
prohibited uses for group residential. Deputy Executive Director Biggs responded that the latest
revision of the draft Plan no longer prohibits said use, as reflected on the following page of the
staff report, Page No. F-2.113.
A motion was made by Houchen, second Bauer to adopt Resolution No. 334— "A Resolution of
the Redevelopment Agency of the City of Huntington Beach Approving and Authorizing Transmittal
of the Report to the City Council for the Southeast Coastal Redevelopment Project." The motion
carried by the following roll call vote:
AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
NOES: None
ABSENT: None
(19) April 15, 2002 - Council/Agt;..cy Minutes - Page 19
(City Council) Adopted Ordinance No. 3553—Approves Zoning Text Amendment No. 01-
09 Public-Semipublic 2 Acre Requirement—Amends Chapters 211C and 214.04 Relating
to Commercial Districts and Public-Semipublic Districts (640.10)
After the City Clerk read by title, a motion was made by Winchell, second Houchen to adopt
Ordinance No. 3553 — 'An Ordinance of the City of Huntington Beach Amending the Huntington
Beach Zoning and Subdivision Code by Amending Chapter 211 C and 214.04 Thereof Relating to
Commercial Districts and Public Semipublic Districts." The motion carried by the following roll call
vote:
AYES: Green, Dettloff, Bauer, Cook, Houchen,Winchell, Boardman
NOES: None
ABSENT: None
(City Council) Approved Introduction of Ordinance No. 3555—Adopts Speed Limit
Ordinance— For Varsity Drive from Edwards Street to Talbert Avenue and for Gothard
Street from Main Street to Garfield Avenue (580.60)
The City Council considered a Communication from the Public Works Director transmitting that
posting speed limits on two street segments within the city will enable the Police Department to
use radar for speed enforcement. Varsity Drive from Edwards Street to Talbert Avenue
currently does not have a posted speed limit. Gothard Street from Main Street to Garfield
Avenue has been reconstructed and requires an updated speed limit.
After the City Clerk read by title, a motion was made by Green, second Bauer to approve
introduction of Ordinance No. 3555— "An Ordinance of the City of Huntington Beach Amending
Chapter 10.12 of the Huntington Beach Municipal Code Relating to Speed Limits." The motion
carried by the following roll call vote:
AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
NOES: None
ABSENT: None
(City Council) Approved Introduction of Ordinance No. 3556—Amends Bicycle License
Fees in Conformance with Revised State of California Vehicle Code Section (640.10)
The City Council considered a communication from the Chief of Police transmitting that the
city's current fee structure for bicycle licensing requires updating in order to conform with recent
California Vehicle Code changes. The proposed amendments align the city's bicycle license fee
schedule with the revised California Vehicle Code section.
After the City Clerk read by title, a motion was made by Dettloff, second Green to approve
introduction of Ordinance No. 3556— An Ordinance of the City of Huntington Beach Amending
Chapter 10.84 of the Huntington Beach Municipal Code Regulating Bicycles." The motion carried
by the following roll call vote:
AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
NOES: None
ABSENT: None
(20) April 15, 2002 -Council/Agb.,cy Minutes - Page 20
(City Council) Approved, as Amended, the Formation of a Citizens' Committee to Study
the Proposed Amendment to the Huntington Beach City Charter to Reduce the Number of
City Council from Seven to Five Members to be Elected by Districts (620.30)
The City Council considered a communication from Mayor Pro Tern Ralph Bauer transmitting
the following Statement of Issue: It is proposed to form a Citizens' Committee to deal with the
charter amendment proposal to reduce the number of Council Members from seven to five and
have Council Members elected by district.
Mayor Pro Tern Bauer stated that he wished to obtain an opinion from the City Attorney. He
referred to the statements made by the speakers during the Public Comments portion of the
meeting on the subject.
Mayor Pro Tern Bauer expressed his belief that there would be less representation with fewer
Council Members. He reasoned that the substantial number of duties to be carried out - such
as monitoring boards and commissions as liaison members—which can be barely done by
seven, would be even more difficult for five members.
Council Member Dettloff stated that as a Coastal Commissioner, she is arguing against the
reduction in the number of Council Members.
Council Member Green informed Council that he agrees with Mayor Pro Tern Bauer, but has
reservations about the recommended action to oppose the proposed Charter Amendment.
Discussion ensued in contemplation of revising the recommended action to study the proposed
Charter Amendment.
A motion was made by Green, second Houchen, to approve, as amended, to direct the City
Attorney to provide information on how the Council can encourage the formation of a citizens'
committee to study the proposed Council reduction proposal. The motion carried by the following
roll call vote:
AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
NOES: None
ABSENT: None
(City Council) No Action Taken to Form Ad Hoc Police-Directed Towing Council
Committee—Tow Agreement Customer Service Standards to be Implemented as
Originally Planned, by the City Attorney's Office and the Police Department (120.25)
The City Council considered a communication from Mayor Pro Tern Ralph Bauer submitting the
following Statement of Issue: The City Council Towing Committee held numerous meetings
from 1999 to 2001 regarding the Police-Directed Tow Ordinance and agreements. In October
2001, City Council adopted a revised ordinance and sample agreement. The Towing
Committee was disbanded in December 2001 as part of the annual update.
(21) April 15, 2002 - Council/Agay Minutes - Page 21
At this time, the City Attorney's Office and Huntington Beach Police Department would like input
regarding Customer Service Standards to be implemented with the tow agreement. It is
anticipated that only one or two meetings will be required. Previous committee members
assigned to this Council Committee were City Council Members Bauer, Houchen, and Green. I
propose that they be reappointed at the Mayor's pleasure.
Police Chief Ronald Lowenberg reported that he has reviewed the Customer Service Standards
for the Tow Agreement and finds it to be acceptable.
City Attorney Hutton reported on her proposal for said Customer Service Standards. She stated
that if no action is taken on this agenda item, staff will implement the standards as originally
planned.
Mayor Pro Tern Bauer agreed that he will not make a motion to bring back the defunct City
Council Towing Committee.
As there was no action was taken on the matter, Council concurred unanimously, with no
members absent, for Tow Agreement Customer Service Standards to be implemented by the
City Attorney's Office and the Police Department.
(City Council) Approved Request for Reconsideration of the Council Motion Made at
4/1/02 Meeting to Deny the Formation of the Holly Seacliff Area of Benefit District and
Approved, as Amended, to Direct Staff to Return at the May 6, 2002 Council Meeting for
Reconsideration (MuniFinancial Corporation/ PLC, Developer) (350.30)
The City Council considered a communication from Council Member Pam Houchen submitting
the following Statement of Issue: I would like the City Council to reconsider their denial of the
Holly Seacliff Area of Benefit District made at the April 1, 2002 City Council Meeting.
The majority of the testimony from affected property owners indicated that they were not opposed to
reasonable charges for roadway improvements, but took issue with proposed assessments for right
of way acquisition.
I would like the City Council to consider forming an Area of Benefit District that would impose
charges only for the Roadway Improvements listed in Table 4 of the MuniFinancial Final Report
dated March 20, 2002 (Pages D-4-49 and D-4-50 of the April 1, 2002 RCA) and delete any
proposed'charges for right of way acquisition.
Further, in order to protect the City's infrastructure budget, I would propose that any fees collected
from the District be split 50-50 with PLC, who constructed and paid for the roadway improvements
and advanced all costs for City acquisition of right of way. PLC has indicated they are agreeable to
amending the April 17, 2000 Settlement Agreement to this effect.
Table 4 of the MuniFinancial Final Report dated March 20, 2002 was included in the agenda
packet.
Council Member Houchen reported on her recommended action. She announced that PLC
representative Bill Holman was available to address the issue.
Council Member Winchell informed Council that she is agreeable to the proposal. She requested
and received clarification on the amendment of the April 17, 2000 Settlement Agreement relative to
the 50-50 fee collection split with PLC.
(22) April 15, 2002 - Council/AgL-..cy Minutes - Page 22
A motion was made by Houchen, second Cook to vote to reconsider the matter described above
and approve, as amended, to direct staff to return at May 6, 2002 Council Meeting. The motion
carried by the following roll call vote:
AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell,
NOES: Boardman
ABSENT: None
Adjournment—City Council/Redevelopment Agency
Mayor Cook adjourned the regular meetings of the City Council and the Redevelopment Agency of
the City of Huntington Beach at 11:05 p.m. to Monday, May 6, 2002, at 5:00 p.m., in Room B-8,
Civic Center, 2000 Main Street, Huntington Beach, California.
City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
City Clerk-Clerk Mayor-Chairman
CITY OF HUNTINGTON BEALH �-
MEETING DATE: April 15, 2002 DEPARTMENT ID NUMBER:PW 02-031
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied 19RCity ClerL"l Signature
Council Meeting Date: April 15, 2002 Department ID Number: PW 02-031
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION o
C= �{
:- c
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILl MEMB RS
SUBMITTED BY: RAY SILVER, CITY ADMINISTRATO �Z�
L ' PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORK
c-)
SUBJECT: AUTHORIZE SALE OF HUNTINGTON BEACH DYKE WELL-TO'
ORANGE COUNTY WATER DISTRICT
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),.Analysis,Environmental Status,
Attachment(s)
Statement of Issue: The Orange County Water District has offered $117,050 for the
Huntington Beach Dyke Well property. The well was shut down in June of 2000 because of
the presence of nitroso dimethylamine (NDMA).
Funding Source: Revenues in the amount of $117,050 will be deposited to the Water
Fund, OCWD, Account Number 50600506.46460.
Recommended Action: Motion to:
1. Authorize the Mayor and City Clerk to execute the Agreement for Purchase and Sale
of Real Property for the Dyke Well property to the Orange County Water District in the
amount of$117,050.
2. Authorize the Mayor and City Clerk to execute the Corporation Grant Deed.
Alternative Action(s): Do not authorize the sale and instruct staff on how to proceed.
Analysis:
The Orange County Water District (OCWD) manages the Santa Ana River groundwater
basin. The City of Huntington Beach obtains approximately 75% of its drinking water supply
from groundwater wells located in the City and operated and maintained by the Public Works
02-031 April 15 Dills(Dyke Well Sale) -2- 4/3/2002 4:43 PM
REQUEST FOR ACTION
MEETING DATE: April 15, 2002 DEPARTMENT ID NUMBER: PW 02-031
Water Division. A replenishment assessment is charged by OCWD for each acre-foot of
water withdrawn from the basin.
In June 2000, as part of its regular monitoring program, OCWD detected a relatively high
level of nitroso dimethylamine (NDMA), in excess of 30 parts per trillion (ppt), in Huntington
Beach Dyke Well. NDMA has been determined to be a potential carcinogen; however, the
substance is found in far higher concentrations in a number of common food products,
including bacon and beer. While the situation was not considered an immediate threat to
public health, OCWD requested that the well be shut down and production terminated. The
city water staff agreed with this action as the well is some 46 years old and the lowest
producing well in the system.
OCWD staff determined that the source of the NDMA was the Talbert Seawater Barrier, a
series of injection wells owned and operated by OCWD to provide protection from seawater
intrusion. Dyke Well is located on the east side of Hartlund Lane, south of Talbert Avenue
and north of Ellis Avenue and closest in proximity to the seawater barrier of all Huntington
Beach wells.
OCWD subsequently offered to purchase the site, and will operate the well to monitor NDMA
and the seawater barrier. After discussions with City staff, a figure of $117,050, representing
the midpoint of two separate appraisal methods, was agreed upon. The City has removed
and will retain all equipment from the site.
Orange County Water District has already reimbursed the City $213,696 for the differential
cost of water the City had to import at a higher cost to make up for lost production at Dyke.
Over the past year, two new and one rehabilitated well have been brought into production;
thus, the increased production capacity with high quality water is sufficient to permanently
mitigate the loss of Dyke Well.
Environmental Status: N/A
Attachments :
NumberCity Clerk's
Page Description Agreement for Purchase and Sale of Real Property (2 copies)
2 Corporation Grant Deed
RCA Author: Ken Dills:jm, phone extension 5055.
02-031 April 15 Dills(Dyke Well Sale) -3- 4/2/2002 2:29 PM
M •
3
ATTACHMENT # 1
Directors M Officers
PHILIP L ANTHONY 5`NCE �93� JERRY A.KING '
President
WES BANNISTER KATHRYN L.BARR
KATHRYN L.BARR ?I5 First Vice President
DENIS R.BILODEAU D ♦ " Z LAWRENCE R KRAEMER.
JAN DEBAY A O Second Vice President
JAN M.FLORY �O1�rON O,F,N�pJP WILLIAM R.MILLS JR.
BRETT FRANKLIN General Manager
JERRY A.KING CLARK IDE
General Counsel
LAWRENCE P.KRAEMER JR. JANICE DURANT
IRVPICKLER ORANGE COUNTY WATER DISTRICT District secretary
March 27, 2002
City of Huntington Beach Water Department
Attention Mr. Ken Dills
19001 Huntington Street
Huntington Beach, CA 92648
Re: Agreement for Purchase and Sale of Real Property and Corporation Grant
Deed in connection with Dyke Well purchase
Enclosed are two originals of the reference Agreement for OCWD's purchase of the
Huntington Beach Dyke Well. Please return a fully executed original to my
attention.
Additionally, enclosed is the Corporation Grant Deed for execution and recordation
by the City. Upon receipt of the recorded Deed from the County Recorder's office,
I will provide you with the recordation data.
Sincerely,
dwzf�
anice Durant
District Secretary
Enclosures
1
P.O.Box 8300,Fountain Valley,CA 92728-8300 • 10500 Ellis Avenue,Fountain Valley,CA 92708
Telephone(714)378-3200 Fax(714)378-3373 Web Page www.ocwd.com
ORIGINAL
AGRE,F.MF.NT FOR PURCHASE, AND SALF. OF REAL PROPERTY
BY AND BETWEEN THE. CITY OF HUNTINGTON RF,AC'H AND
THE. ORANGE C'OiJNTV WATER DISTRICT
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (hereinafter
"Agreement") is made this (}-tl—_ day of AIVXc-h, 2002, by and among, the CITY OF
HUNTINGTON BEACH, a municipal corporation, ("City") and the ORANGE COUNTY WATER
DISTRICT, a political subdivision of the State of California organized under Chapter 924 of the
statutes of 1933, as amended("District").
REEITALS:
A. City is the owner of that certain improved real property consisting of approximately
2,080 square feet located in the City of Huntington Beach, County of Orange, State of California, more
particularly described in Exhibit "A" and shown in Exhibit "RT which exhibits are attached hereto and
by this reference incorporated herein(herein,the "Property").
B. City wishes to sell the Property to District and District wishes to buy the Property from
City pursuant to the terms and conditions of this Agreement.
NOW,THEREFORE,the parties hereto agree as follows:
. TERMS AND CONDITIONS
1. PURCHASE AND SALR OF PROPERTY.
District hereby agrees to purchase from City, and City agrees to sell to District the Property,
upon the terms and conditions hereinafter set forth.
This Agreement constitutes an offer to purchase the Property and Improvements.
2. PAYMENT OF PURCHASE PRICE.,
2.1 Amount of Purchase Price. The purchase price for the Property and Improvements
shall be ONE HUNDRED SEVENTEEN THOUSAND FIFTY Dollars ($117,050) (the "Purchase
Price").
2.2 Payment of Purchase Price, District shall pay to the order of the undersigned City
$117,050 upon recordation of fee title to said Property in the District free and clear of all liens,
encumbrances, assessments, easements, leases, and taxes.
2.3 Additional Fees. District shall pay all recording fees, title insurance fees, if desired
by District, documentary transfer taxes and other fees incidental to the recording of the deed.
RECORD NO. l,!j
PDA:2002 Agree:Dyke Water Well 1 OCWD DOC- Ud - 3
3. ADDiTiONAi. DOCUMENTS REQUIRED FROM DiSTRiCT AND CITY.
3.1 District, District agrees to deliver prior to the Closing:
(a) A Preliminary Change of Ownership Statement completed in the manner required in
Orange County.
3.2 UX. City agrees to deliver to the District:
(a) A grant deed conveying the Property to District ("Grant Deed"), signed and
acknowledged;
(b) A non-foreign Affidavit in the form attached hereto ("Non-foreign Affidavit") ;
and
(c) A Release of any Lien Against Property or Improvements, if any.
District will cause the Grant Deed to be recorded.
4. CLOSING DATE_
4.1 closing Date. The date on which the District accepts the grant deed pursuant to
Government Code Section 27281.
5. TITLE POi JC'Y,
5.1 Approval of Title. District shall obtain, at District's option, a title report through
Chicago Title Insurance Company (the "Title Company"), describing the state of title of the Property;
together with copies of all exceptions specified therein and with all easements plotted (the "Title
Report"). District shall notify City in writing of any objections District may have to title exceptions
contained in the Title Report within ten (10) business days after District's receipt of the Title Report
("District's Objection Notice"). City shall have a period of five (5) business days after receipt of
District's Objection Notice in which to notify District of City's election to either(i) agree to remove the
objectionable items prior to the closing, or (ii) decline to remove any such title exceptions ("City's
Notice") provided, however that City shall be required to remove all monetary liens and encumbrances
and shall have no right to decline to remove same pursuant to the foregoing. If City notifies District of
its election not to remove the objectionable items, District shall have the right, by written notice
delivered to City within five (5) business days after District's receipt of City's Notice to terminate this
Agreement,in which case District and City shall nave no
further obligation hereunder. District's failure to give City notice of termination shall be deemed
District's Election to accept the Property subject to the objectionable items.
PDA:2002 Agree:Dyke Water Well 2
5.2 Title Policy to he issupd m District, When the Title Company holds for District the
Grant Deed in favor of District executed and acknowledged by City covering the Property, Title
Company shall cause to be issued and delivered to District as of the Closing a CLTA standard coverage
policy of title insurance, or, upon District's request therefor, an ALTA standard coverage policy of title
insurance ("Title Policy") together with all endorsements required by District, issued by Title Company
with liability in the amount of the Purchase Price, covering the Property and showing title vested in
District free of liens, encumbrances, easements, leases(recorded or not recorded) except:
(a) Those easements, encumbrances, covenants, conditions, restrictions,
reservations, rights-of-way and other matters of record shown as Exceptions in
the Preliminary Title Report and approved by District pursuant to Section 5.1
above;
(b) Any exceptions created or consented to by District, including without limitation,
any exceptions arising by reason of District's possession of or entry on the
Property.
6. CONDITIONS PRECEDENT TO CLOSE OF ESCROW.
6.1 C'.nnditionc to District's Obligations. The obligations of District under this Agreement
shall be subject to the satisfaction or written waiver, in whole or in part, by District of each of the
Following conditions precedent:
(a) Title Company shall issue the Title Policy together with all endorsements thereto,
as required by Section 5 of this Agreement insuring title to the Property vested in
District.
(c) All representations and warranties specified in Section 8 are true and correct.
(e) The approval of the Board of Directors of the Orange County Water District of
the Purchase of the Property and this Agreement.
(f) Prior to close of escrow, District has inspected the Property and District has
given City written notice that it is satisfied, in District's sole and absolute
discretion; as to the suitability for its uses, including, without limitation, the
absence of any Hazardous Substances or Wastes, as such term is defined herein,
on or about the property.
7. GF.NF.RAT. PROVISIONS.
7.1 Personal Prn=eiU. City will remove all well equipment and buildings from the
Property within 60 days from the date the District accepts the grant deed.
PDA:2002 Agree:Dyke Water Well 3
7.2 Rrokerage Commissions. There are no brokerage commissions or finder's fees or like
commissions associated with or to be paid pursuant to this transaction.
8. RF.PRF,SF,NTATIONS AND WARRANTiF,S,
8.1 Representations and Warranties. City hereby makes the following representations and
warranties to District, each of which (i) is material and relied upon by District in making its
determination to enter into this Agreement; (ii) is true in all respects as of the date hereof and shall be
true in all respects on the date of Closing; and (iii) shall survive the Closing of the purchase and sale of
the Property as well as any future transfer of the Property to District or any transferee, successor or
assignee of District:
(a) There is no pending or threatened litigation, which does or will affect the
Property and there are no actions or proceedings pending or, to the best of City's
knowledge, threatened against City before any court or administrative agency in
any way connected with the Property.
(b) As used herein, "Hazardous Substances or Wastes" means any hazardous or toxic
substance, material or waste, including, without limitation, petroleum products
and asbestos, which is or becomes regulated by any local governmental authority,
the State of California or the United States Government. There exist no
Hazardous Substances or Wastes on, under or around the Property and City has
received no written notice from any third parties,prior owners of the Property, or
any federal, state or local governmental agency, indicating that any hazardous
waste remedial or clean-up work will be required. Nothing in the foregoing shall
alter any obligations of City under applicable federal, state or local law.
(c) City has the unimpeded power and authority to execute, deliver and perform
City's obligations under this Agreement and the documents executed and
delivered by City pursuant hereto.
8.2 Indemnity h—P Ci . City shall hold harmless, indemnify and defend District, and the
Property from and against (i) any and all obligations, liabilities, claims, liens or encumbrances, whether
direct, contingent or consequential and no matter how arising, in any way related to the Property arising
or accruing on or before the Closing, or in any way related to or arising from any act, conduct, omission,
contract or commitment of City at any time or times on or before the date of Closing of the purchase and
sale of the Property, including without limitation, any damage to the Property or injury to or death of any
person, employees or agents of City; (ii) any loss or damage to District resulting from any material
inaccuracy or material breach of any representation or warranty of City or resulting from any breach or
default by City under this Agreement, or any other agreements relating to this transaction; and (iii) all
costs and expenses, including attorneys fees, relating to any actions, suits or judgments incident to any
of the foregoing. Should City fail to discharge or undertake to defend District or the Property against
PDA:2002 Agree:Dyke Water Well 4
such liability upon learning of the same, then District may settle such liability and City's liability to
District shall be conclusively established by such settlement,the amount of such liability to include both
the settlement consideration and the reasonable expenses, including attorneys fees, incurred by District
in effecting such settlement.
9. POSSESSION.
Possession of the Property shall be delivered to the District as of the date that the grant deed is
recorded.
10. MiSC'FLI ANFOUS.
10.1 Attorneys' Fees. In any action or proceeding between the parties hereto seeking
interpretation or enforcement of any of the terms and provisions of this Agreement or in connection with
the Property, each party shall bear its own attorneys' fees and costs. The prevailing party in such action
or proceeding shall not be entitled to have and to recover from the other party its reasonable attorneys'
fees and other reasonable expenses in connection with such action or proceeding in addition to its
recoverable court costs.
10.2 interpretation: Governing Law. This Agreement shall be construed according to its
fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance
with the laws of the State of California in effect at the time of the execution of this Agreement. Titles
and captions are for convenience only and shall not constitute a portion this Agreement. As used in this
Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be
deemed to include the others wherever and whenever the context so dictates.
10.3 No Waiver. No delay or omission by either party hereto in exercising any right or power
accruing upon the compliance or failure of performance by the other party hereto under the provisions of
this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by
either party hereto of a breach of any of the covenants, conditions or agreements hereof to be performed
by the other party shall not be construed as a wavier of any succeeding breach of the same or other
covenants, agreements,restrictions or conditions hereof.
10.4 Modifications. Any alteration, change or modification of or to this Agreement, in order
to become effective, shall be made by written instrument or endorsement thereon and in each such
instance executed on behalf of each party hereto.
10.5 Seve_rahil%tv.. If any term, provision, condition or covenant of this Agreement or the
application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable,
the remainder of this instrument, or the application of such term, provision, condition or covenant to
persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall
not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to
the fullest extent permitted by law.
PDA:2002 Agree:Dyke Water Well 5
1
10.6 Merger of Prior Agreements and UnderstandiW. This Agreement and other
documents incorporated herein by reference contain the entire understanding between the parties relating
to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings,
representations and statements, oral or written, are merged herein and shall be of no further force or
effect.
10.7 Covenants to Survive C'losinu. The covenants and agreements contained herein shall
survive the Closing, shall be binding upon and inure to the benefit of the parties hereto and their
representatives, heirs, successors and assigns.
10.8 No Withholding Because Non-Foreign City. City represents and warrants to District
that City is not, and as of the Closing will not be, a foreign person within the meaning of Internal
Revenue Code Section 1445 and that it will deliver to District on or before the Closing the Non-foreign
Affidavit as described hereinabove, pursuant to Internal Revenue Code Section 1445(b) (2) and the
Regulations promulgated thereunder.
10.9 Time is of the Essence. Time is hereby expressly made of the essence of this
Agreement.
10.10 Executinn in Counterpart, This Agreement may be executed in several counterparts,
and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all
parties are not signatories to the original or the same counter part.
10.11 Notices. Any notice which either party may desire to give to the other party or to the
Title Company must be in writing and may be given by personal delivery or by mailing the same by
registered or certified mail, return receipt requested, to the party to whom the notice is directed at the
address of such party hereinafter set forth, or such other address and to such other persons as the parties
may hereafter designate:
To City: CITY OF HUNTINGTON BEACH
Department of Public Works
2000 Main Street
Huntington Beach, CA 92648
To District: Orange County Water District
10500 Ellis Avenue,P.O. Box 8300
Fountain Valley, CA 92728-8300
Attn: Property Management
PDA:2002 Agree:Dyke Water Well 6
10.12 F.xhihits. Exhibits A and B are attached hereto and incorporated herein by this
reference.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement of Purchase and
Sale of Real Property as of the date set forth above.
CITY: DISTRICT:
CITY OF HUNTINGTON BEACH, ORANGE COUNTY WATER DISTRICT,
A municipal corporation a political subdivision of the State of California,
organized under Chapter 924 of the Statutes of
1933, as amende
Mayor By: Presi t
ATTEST:
y: General Managtr
City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attttorney General Counsel,
j'�fAL Orange County Water District
INITIATED AND APPROVED:
Director of Public Works
REVIEWED AND APPRO D:
City Administrator /
PDA:2002 Agree:Dyke Water Well 7
EXHIBIT "A"
LEGAL DESCRIPTION OF LAND
The following described real property in the City of Huntington Beach, County of Orange,
State of California:
Lot D of Tract No. 2699, in the City of Huntington Beach, County of Orange, State of
California, as per map recorded in Book 84, Pages 29 and 30 of Miscellaneous Maps, in the
office of the County Recorder of said County.
PDA:2002 Agree:Dyke Water Well 8
AFFIDAVIT OF NON-FOREIGN ENTITY
TO: Orange County Water District ("District")
The Internal Revenue Code of 1954 (the "Code") (26 U.S.C. Sections. 1445, 7701)
provides that a transferee of a U.S. real property interest must withhold tax if the transferor is
a foreign person. To inform the transferee that withholding of tax is not required upon transfer
of that certain U.S. real property interest described in Exhibit "A" attached hereto and
incorporated herein by reference ("Property") by the City of Huntington Beach ("City"), the
undersigned hereby certifies the following.
1. City is not a non-resident alien or corporation, for the purposes of U.S.
Income Taxation;
2. Transferor: My U.S. taxpayer identifying number (Social Security Number) is:
956000723
3. City's home address is: 2000 main St. , Huntington Beach, CA 92648
and;
4. City understands that, this certification may be disclosed to the Internal
Revenue Service by District and that any false statement contained herein could
be punished by fine, imprisonment, or both.
Under penalties of perjury, I declare that I have examined this certification and to the
best of my knowledge and belief, it is true, correct, and complete.
Date: May 7 , 2002
By: 6��
City A inistrator
APPROVED AS TO FORM:
GAIL RMI)C N,City Attorney
By:Paul D'A>esandro
A3sistant City Attorney
PDA:2002 Agree:Dyke Water Well 10
Recorded in Official Records, County of Orange
Darlene Bloom, Interim Clerk-Recorder
Recording Requested by, and when IIIIIIIiiIIiIIIIIIIIII1IIIIIIIIi11111111III11IIIIIIIIIIINO FEE
Recnrde( Mail this Deed and Mail 20020468885 03.18pm 06104102
Tax Statement to- 200 25 G02 A04 5
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
ORANGE COUNTY WATER DISTRICT
10500 Ellis Avenue —
P.O.Box 8300
Fountain Valley,CA 92728-8300
Exempt from Fee--Public Agency CONFORMED COPYN'Ot ConiparOd With Original
Govemment Code Section 6103 9
SPACE ABOVE FOR RECORDER'S USE ONLY
CORPORATION GRANT DEED
FOR A VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby
acknowledged,
CITY OF HUNTINGTON BEACH, a municipal corporation, ("Grantor" herein),
hereby GRANTS AND CONVEYS to the
ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of
California("Grantee" herein), and its successors and assigns,
The following described real property in the City of Huntington Beach, County of Orange, State of
California:
Lot D of Tract No. 2699, in the City of Huntington Beach, County of Orange, State of California, as
per map recorded in Book 84, Pages 29 and 30 of Miscellaneous Maps, in the office of the County
Recorder of said County.
Said parcel is show in Exhibit"A"attached hereto.
IN WITNESS WHEREOF,this instrument has been executed on lg4,1 /7 ,2002.
ir
GRANTOR
CITY OF HUNTINGTON BEACH ATTEST TO:
a Municipal Corporation
By: By:
Mayor Pf v TE^ City Clerk
APPROVED AS TO FOR1N1: APPROVED AS TO FORM:
Y Y
g, City Attorney, General Counsel for
City of Huntington Beach Orange County Water District
GRAN'rDEED 3/19/02
'Soo Z) _ OZ
PO-A C-a �i� � 12 ^2c1,-A - I y.
20 y
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
May 20, 2002
Darien . loom
Cou a -Recorder
238
Seta Ana, CA 92702
Enclosed please find Corporation Grant Deed to be recorded and returned to the Orange
County Water District, Attn: Janice Durant, Secretary, 10500 Ellis Avenue, P.O. Box 8300,
Fountain Valley, CA 92728-8300.
Please return a conformed copy of the Grant Deed when recorded to this office in the enclosed
self-addressed stamped envelope.
Connie Brockway, CMC
City Clerk
Enclosures
g:ffollowup/misc...doc Corporation Grant Deed—OCWD
(Telephone:714-6363227)
Ems EC, - "IED
F DEPT C r JC4'1OFRI(S
N 0 V 01 2001
MM01MCMM
":S;C;`i S`=A C;-1,Cf�HUNTi
To: Ken Dills,Water Department
From: Paul D'Alessandro,Assistant City Attorney
Date: October 31, 2001
Re: Dyke Water Well Contract;RLS 2001-0820
1) The Grand Deed has been approved as to form.
2) The contract has a few issued of concern:
a. Section 2.2: City should receive payment upon recordation,not 60 days after title vests
with the County.
b. Section 6.1(f): I assume that this inspection will take place prior to closing; it probably
should be clarified in the agreement.
c. Section 7.2: The City does not pay real estate commissions or finder's fees. If any are
due,they should be added to the purchase price. If none are due, it should be so
clarified in the agreement.
d. Section 8.2: This is a very comprehensive indemnity and attempts to shift all risk of
liability to the City. Hopefully,the cost of this shift in liability was factored into the
purchase price.
e. Section 10.1: Generally,the City does not agree to prevailing party attorney's fees
clauses.
If you have any further questions,please contact me at your earliest convenience.
-` p - a
HIM,
x u - M
P®ds,�,2_001�Memos
i� t
��
CITY OF . iU.NTINGTON BEACH RLS No.�
� �- �t " Assn To
�j REQUEST FOR LEGAL SERVICES
Gail Hutton, City Attorney Date
Date: Request made by: Telephone: Department:
10/19/01 Ken Dills 5055 Public Works-Water
INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state
facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits.
TYPE OF LEGAL SERVICES REQUESTED:
❑ Ordinance ❑ Opinion ❑ Stop Notice
❑ Resolution ❑ Lease ❑ Bond
❑ Meeting ® Contract/Agreement ❑ Deed
❑ Court Appearance ❑ Insurance ❑ Other:
Is Request for Preparation of Contract form attached? ❑ Yes ® No
Are exhibits attached? ® Yes ❑ No
Unless otherwise specified herein, I
If not for Council action, consent to the disclosure of the
If for City Council action, desired completion date. \information cont ined in this RLS to all
' e ers t ouncil.
Agenda Deadline
Council Meeting r c/ , t 1 gnature o Department Head
COMMENTS
Please revie' and, if appropriate approve to form the attached Grant Deed and Agreement for Purchase and Sale of Real
Prope . is is for the sale of e H ington Beach Dyke Water Well property to the Orange County Water District. The
well is no onger in service.
Routing: ❑ GCH 1 ❑ PDA 1 ❑ LB ❑ SL ❑ JF ❑ ADL ❑ SF 1 ❑ JM ❑
This Request for Legal Services has been assigned to attorney I l ,
extension His/her secretary is .J�Q n , extension SS`
Notes: File Name: Date Completed:
WP No.: E
❑ Shaded areas for City Attorney's Office use only.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Orange
On May 17, 2002 , before me, .........Laura A. Nelson, Notary Public------ ,
Dale Name and Title of officer(e.g.,*Jane Doe.Notary Public)
personally appeared --------- --------Ralph Bauer and Connie Brockway-------------------------
Name(s)of Signer(s)
n personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the perso (s whose namG Qa
subscribed to th within instrument
u+uRn a NEIsoN acknowledged to me that he /they executed
Commission# 1716066 the same in 44+alt►e rkhei authorized
Notary Public-Corfoffiia capacit ies and that by Ws!he.Erhei
Orange County signatur (s) n the instrument the perso (s
,71 t+Aycomm.tesJu123.2003 the entity Pon behalf of which the perso (s)
acted, executed the instrument.
WITNES/'yyhhand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Corporation Grant Deed
Document Date: None Number of Pages:
Signer(o) Other Than Named Above: None
Capacity(We) Claimed by Signer
Signer's Name: Ralph Bauer and Connie Brockway
❑ Individual Top of thumb here
9 Corporate Officer—Title(s): Mayor Pro Tem and City Clerk
❑ Partner—❑ Limited ❑ General
Cl Attorney in Fact Thumbprints
❑ ;rustee in
❑ Guardian or Conservator
book
❑ Other:
Signer Is Representing: City of Huntington Beach
0 19"Natlayl Notary Aswclation•n W Do Solo Ave..P.O.Bo:2402•Chatsworth.CA 91 J1}2402•www.naeauhotary.wg Prod.No.5907 Reader.Call TaFFrw 1.8004768827
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
May 20, 2002
Darlene J. Bloom
County Clerk-Recorder
P. O. Box 238
Santa Ana, CA 92702
Enclosed please find Corporation Grant Deed to be recorded and returned to the Orange
County Water District, Attn: Janice Durant, Secretary, 10500 Ellis Avenue, P.O. Box 8300,
Fountain Valley, CA 92728-8300.
Please return a conformed copy of the Grant Deed when recorded to.this office in the enclosed
self-addressed stamped envelope.
Connie Brockway, CMC
City Clerk
Enclosures
9:/followuplmisc...doc Corporation Grant Deed—OCWD
(Telephone:714336-5227)
0
Directors Officers
i PHILIP L:ANTHONY g�NCE ��3 JERRY A.KING
WES BANNISTER • President
N'� KATHRYN L.BARR
KATHRYN L.BARR a First Vice President
DENIS R.BILODEAU LAWRENCE P.KRAEMER JR.
D Z Second Vice President
JAN DEBAY
JAN M.FLORY -V • JP
i O WILLIAM R.MILLS JR.
BRETT FRANKLIN TrpN pF I General Manager
JERRY A.KING CLARK IDE
General Counsel
LAWRENCE P.KRAEMER JR.
IRVPICKLER ORANGE COUNTY WATER DISTRICT of"rctS c�ry
August 16, 2001
Mr. Dennis E. MacLain
City of Huntington Beach
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
Subject: CITY OF HUNTINGTON BEACH DYKE WELL
Dear Mr. MacLain:
Your letter dated June 25, 2001 to the District provided your formal position regarding
the disposition of the Dyke Well. We regret that the unforeseen discovery of NDMA at
the Dyke well resulted in your increased purchase of Metropolitan Water District
supplies. We have developed the following offer for your consideration. The offer is
contingent upon our Board approval.
Our appraiser provided two estimates for the value of the Dyke well. The first estimate
was to construct a new well identical to the existing Dyke well and purchasing the Dyke
well property. That estimate was $169,700. The second estimate was based upon the
actual depreciated value of the well and purchasing the Dyke well property, which was
$64,400.
The Dyke well is an old shallow well with a limited remaining life. However, since there
are arguments for using either one of the estimates, we feel that we can offer $117,050,
which is the midpoint between them. The existing site equipment and building would
also be removed by the City for reuse.
The District would also like to offer the City $213,696 as compensation for the additional
Metropolitan Water District supplies you have had to purchase due to lost Dyke Well
production. This figure is based upon the following formula.
12 months x 53 of/month x $336/af
average Dyke well production City SEA
The total value of our offer is $330,746. RECORD NO. LM —
OCWD DOC
P.O.Box 8300,Fountain Valley,CA 92728-8300 • 10500 Ellis Avenue,Fountain Valley,CA 92708
Telephone(714)378-3200 Fax(714)378-3373 Web Page www.ocwd.com
We feel this is a fair offer especially when you consider that several years ago the
District made low interest loans totaling $3,000,000 available to the City to construct
new production wells. Had these new wells been constructed by now, they could have
been used to replace the lost Dyke well production.
If acceptable to you we can take this item to our Water Issues Committee on September
12, 2001 and then to our Board on September 19, 2001. We would need to know your
answer by September 5, 2001.
We apologize for our late response to your letter and can meet again to resolve any
final issues.
Sincerely,
William R. Mills Jr.
General Manager
,
CITY OF HUNTINGTON BEACH
2000 Main Street P . O . Box 190 California 92648
Robert F. Beardsley, P.E. Department of Public Works
Director (714) 536-5431
August 24, 2001
William R. Mills Jr.
General Manager
Orange County Water District
P.O. Box 8300
Fountain Va ley, CA 92729-8300
Dear 01
ills:
I am writing in response to your letter of August 16, 2001 regarding the disposition
of Huntington Beach Dyke Well. As you note, the discovery of NDMA at Dyke
Well caused closure of the facility. This was done at the District's request based
on the fact that the source of the NDMA was determined to be the Talbert
Seawater Barrier, which is in relatively close proximity to Dyke Well.
Orange County Water District has offered $117,050 for the purchase of the Dyke
Well land with the existing equipment to be removed and retained by the City.
In addition, OCWD has offered $213,696 as compensation for the additional
Metropolitan Water District supplies the City has had to purchase due to lost
Dyke Well production. The total settlement offer, therefore, is $330,746.
The City hereby accepts this offer contingent upon approval of the City Council.
Once the OCWD Board of Directors has approved this sale, we will begin to
process the transaction through our City Attorney and City Council. Please
contact Interim Water Operations Manager, Dennis Macl-ain, once you have
received Board approval. The City appreciates your efforts in bringing this
matter to a close.
Si
7
Robert F. Beardsley
Director of Public Works
RFB:KD:jm -
c: Ray Silver, City Administrator
Dennis E. MacLain, Interim Water Operations Manager
•T
CITY OF HUNTINGTON BEACH
. 2000 MAIN STREET CA�IJOCR)V11a j?S48
OFFICE OF THE CITY CLERK DEPT.OF PUBLIC WORKS
CONNIE BROCKWAY
CITY CLERK MAY 2.0 2002
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY CO DIVISION
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BFA .TON BEACH,CA
DATE: May 20, 2002
TO: Orange County Water District ATTENTION: Janice Durant
Name
10500 Ellis Ave./P.O, Box 8300 DEPARTMENT:
Street
Fountain Valley, CA 92728-8300 REGARDING: Agreement for Purchase
City,State,Zip
& Sale of Real Property
See Attached Action Agenda Item E-5 Date of Approval 4/15/02
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page x Agreement x Bonds Insurance
RCA Deed Other
CC: R. Beardsley DPW x x
Name Department RCA Agreement Insurance Other
K. Dills DPW x x
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Insurance
(Telephone:714-536.5227)
DEPTT OF PI,g�IC y�EjD
4RKS
J 0 L 18 2002
HUNTINGTONIVI BEACN,CA
CITY OF HUNTINTON BEACH
CITY TREASURER
2000 MAIN STREET
P.O. BOX 711
HUNTINGTON BEACH CA 92648
ORANGE COUNTY WATER DISTRICT
oP.O. Box 8300, Fountain Valley, CA 92728-8300
CHECK NO. 314482
DATE VENDORINVOICE NO. INVOICE DESCRIPTION AMOUNT
07/10/2002 231465 01-9-137 PURCHASH OF DYKE WELL, BR 117,050.00
• 117,050.00
Please Detach Here and Retain Top Portion For Your Records
r• • • r\ • • • .lk($I i Mvi lom I In m r
Emm=
e
WELLS FAR6 BANK
(800) 289-3557 • ORANGE COUNTY-WATER DISTRICT
P,O. Bok-M00;.Fountain Valley, CA 92728-830041
n > 714 378-3200
`if01D AFTER 6 MONTHS
DATE NET AMOUNT
• ( _..:.. ,
n ,-- WATER RESERVE FUND 07/15/2002 $****117,
050.00
OF
PAY THE ONE HUNDRED 3EVENTBEN THOUSAND .FIFTY AND 00/100 DOLLARS
SUM"OF ,_,:: w �. s
_
PAY. CITY OF HUNTINTON BEACH t ,
TO TFIE s xf
CITY TREASURER
ORDER IGN TU .• .,> .cr: v xt[I.2� ;.
OF 200.0 MAIN STREET
t,= SIDENT
P 0 BOX 711
HUNTfifGTON BEACH CA 92648
AUTHOE IZED SIGNAT RE
GENERAL MANAGER
1
WE ,;:..,. u'3 L448 211• 1: L 2 1000 2481:4 159 36000 ?111
JANICE_D.URANT (714)378-3233
t
District Secretary jdurant@ocwd.com
tom"
, ,*Wr ge County Water Distract
��k , ` 10500 EIIis Ave PO Box 8300
�? Fouain Valle �ou nt ntainValle
L'CA 9270`N"'"�y MCA 92728-83 0
( ' P.lhone:(714)378-3200•FAX(714)378-3373•www.ocwd.com
+ 1
Deeds
r.F
x._
Office Whe" oty Clerk h Summary�. ....._ u...
Purpose=water;Purpose=well
Deed No. Acquired Type Recorded County No.
1347 03128/,1969 Grant 04/07/1969
OQO-Q00-0Q [IRE 10'ACCESS TOWATER WELL
ORANGE;,CO3I)NTY OFTCS #1040 RONALD'ROAD
r 1504 g7Lr28/1970 Quitclaim07/3011970�
-yj000=000-OOt WATER -S'LY-COR OF WATE
FiUN�TlNGTON HARBOUR C.ORP° LOS PATOS &WARNER AVENUE SI
�629 10/13/1971 'Grant 03/19/1971
0007000-00" J#AfER WELL SITE
ORANGE COUNTY FLOOD CONTRO jrqR LOTS A TR 3430
2072 .06/15/1973 Grant--- 06/18/1973 ��
153-421-01 ��WATER WELL SITE -�
H_OLTZ, JOSEPH LEO JR; SE COR GARFIELD/LINDSEY LOr90
21 4307 04/14/1981 Grant 06/11/1981
� � 107=813-01 WATER WELL#9
n
ORANGE COUNTY FLOOD CONTRO F/S WARNER W/O MAGNOLIA
5786A "06/21/2002 Grant 06/27/2002 20020540924
i�
to be assigned- [to McDonnell Douglas - Water Well,No.
` City of Huntington — --�—
[— Beach �,Water Well No. 12
5786B 06/21/2002 Quitclaim 06/27/2002 20020540925
to;be,�assigned to McDonnell Douglas - Water Well No.
City of Huntington Beach ��Water Well No. 12
5786C 06/21/2002 Quitc laim 06/27/2002 20020540926
be assigned', to McDonnell Douglas - Water Well No.to
2 City of Huntington Beach Water Well No 12
5786D 06/21,12002 Grant 106/27/20021�20020540927
[to.be assigned, to City - Water Well No. 12
McDonnell Douglass Corporation Water Well No. 12
(11) April 15, 2002 - Council/Agency Agenda - Page 11
E-3. (City Council) Authorize Replacement of Damaged Fire Department Staff
Vehicles—Approve Fund Appropriation (320.45)—Approve and authorize the
appropriation of$43,000 from the undesignated, unappropriated fund balance of the
Equipment Replacement Fund and transfer to the Equipment Replacement Fund
(55340102.85050). Submitted by the Fire Chief/Information Systems Director.
Funding Source: See above.
Approved 7-0
E-4. (City Council) Accept and Award Bid for the Miscellaneous Sewer Lining Project,
Phase I; CC-1178 to Z.Z. Liner, Inc. —Approve Sample Construction Contract
(600.60)— 1. Accept the lowest responsive and responsible bid submitted by Z.Z. Liner,
Inc., in the amount of$796,499; and 2. Authorize the Mayor and City Clerk to execute a
construction contract with Z.Z. Liner, Inc. in substantially the same form as the attached
sample construction contract. Submitted by the Public Works Director. Funding Source:
Funds in the amount of$800,000 are budgeted in the Sewer Service Fund, Sewer Line
Repairs Account.
Approved 7-0
E-5. (City Council) Authorize Sale of Huntington Beach Dyke Well Property to Orange
County Water District (650.70)— 1. Authorize the Mayor and City Clerk to execute the
Agreement for Purchase and Sale of Real Property By and Between the City of
Huntington Beach and the Orange County Water District to sell the Dyke Well property
to the Orange County Water District in the amount of$117,050; and 2. Authorize the
Mayor and City Clerk to execute the Corporation Grant Deed. Submitted by the Public
Works Director. Funding Source: $117,050 Revenue to be deposited in Water Fund -
OCWD Account.
Approved 7-0
E-6. (City Council) Adopt Resolution No. 2002-32 Amending the Memorandum of
Understanding Between the City and the Huntington Beach Fire Management
Association (HBFMA) (720.20)—Adopt Resolution No. 2002-32— A Resolution of
the City Council of the City of Huntington Beach Approving and Implementing the
Memorandum of Understanding Between the Huntington Beach Fire Management
Association (FMA) and the City of Huntington Beach for 12122101 Through 12/20/02."
Submitted by the Assistant City Administrator and the Administrative Services Director.
Funding Source: Fiscal Year 2001/2002 budget. The total annual cost $35,000. The
total cost for Fiscal Year 2001/2002 is $28,000.
Approved 7-0
City of HuntingtonBeach Unofficial Copy
�' ; ' pfficebof the City Clerk _ Records Please contact- ePC y Clerks Office for�official`cop s
Key words=dyke
Alpha Category Entered Status Doc No/Type Expires Box ID Label
650.70 02/24/2003 Active 18822 8/16/2001 Letter/Estimate from the Orange County Water District to
Mr. Macl-ain -4/15/02 Dyke Water Well Property sold to Orange
County Water District-Grant Deed to Orange County Water
District-See Historical File- 1000.20 & 1000.10
------------------------------------------------- ---------
T 1000 10 12/31/1964 Microfilmed 4903 Muncipal Water System Dyke Water Service Acquisition 1000.75
1964 -Sold 4/15/02 ( See 650.70 File)CM:4/15/02
1000.20 04/28/1998 Inactive W405 11586 Municipal Water System DYKE Water Co P.U.C. Application 1961
(Historical)
Total Records Selected: 3
.�
O
I �
..�-
December 10, 2003 12:54 PM Page 1 of 1
(11) April 15, 2002 - Council/Agency Agenda - Page 11
E-3. (City Council) Authorize Replacement of Damaged Fire Department Staff
Vehicles—Approve Fund Appropriation (320.45)—Approve and authorize the
appropriation of$43,000 from the undesignated, unappropriated fund balance of the
e Jz Equipment Replacement Fund and transfer to the Equipment Replacement Fund
(55340102.85050). Submitted by the Fire Chief/Information Systems Director.
c Funding Source: See above.
Approved 7-0
E-4. (City Council) Accept and Award Bid for the Miscellaneous Sewer Lining Project, "
Phase I; CC-1178 to Z.Z. Liner, Inc.—Approve Sample Construction Contract
(600.60)— 1. Accept the lowest responsive and responsible bid submitted by Z_Z. Liner,
Inc., in the amount of$796,499; and 2. Authorize the Mayor and City Clerk to execute a
construction contract with Z.Z. Liner, Inc. in substantially the same form as the attached
sample construction contract. Submitted by the Public Works Director. Funding Source:
ti Funds in the amount of$800,000 are budgeted in the Sewer Service Fund, Sewer Line
4„-``�� Repairs Account.
Approved 7-0
E-5. (City Council) Authorize Sale of Huntington Beach Dyke Well Property to Orange
County Water District (650.70)— 1. Authorize the Mayor and City Clerk to execute the
Agreement for Purchase and Sale of Real Property By and Between the City of
Huntington Beach and the Orange County Water District to sell the Dyke Well property
to the Orange County Water District in the amount of$117,050; and 2. Authorize the
Mayor and City Clerk to execute the Corporation Grant Deed. Submitted by the Public
Works Director. Funding Source: $117,050 Revenue to be deposited in Water Fund -
OCWD Account.
Approved 7-0
i
i
E-6. (City Council) Adopt Resolution No. 2002-32 Amending the Memorandum of
Understanding Between the City and the Huntington Beach Fire Management
Association (HBFMA) (720.20)—Adopt Resolution No. 2002-32 — "A Resolution of
a�-a-o Z the City Council of the City of Huntington Beach Approving and Implementing the
od Memorandum of Understanding Between the Huntington Beach Fire Management
Association (FMA) and the City of Huntington Beach for 12/22/01 Through 12/20102."
Submitted by the Assistant City Administrator and the Administrative Services Director.
Funding Source: Fiscal Year 2001/2002 budget. The total annual cost $35,000. The
total cost for Fiscal Year 2001/2002 is $28,000.
Approved 7-0
i
i
i
JA:MES D. PLUNKETT,
1 City Attorney SS-�-�
City of Huntington Beach
2 P.O. Box 190,
Huntington Beech,Cal i Cx 26
rn ,
3
(Ares 1 ) 536-6551 t (�} �, _
4
5 Attorney for Petitioner
6
7
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE
8
ST;.TE OF CALIFGRNIA
911
10
In the Matter of the Application of ) '•
11 Dyke water Company, a Corporation, )
12 for authorization to increase its ) Application No. 39303
rates charged for water service. j
13 )
Investigation on the Commission's )
14 own motion into the rates, rules, )
regulations, contracts, operationm
15 and prectiaes pertaining to and ) Case No. 5841
Involving water main extensions of i
16 Dyke Water Company, a public utility;
water corporation. )
17 )
18
PETITION FOR i AYM ENT TO CITY OF HUNTINOTON b-"ACH OF J-:01M DUE .0RON
19 DYKE W,,T'-R COMPANY FOR REFUND OF OVERCHAROES 08D==:RED BY THE PUBLIC
UTILITIES COMMIS"S ION TO BE [AID TO NG3ML'R CCII:SUMERS AND UNCLAIMED
20 BY SAID Ci:.�SUMERS.
21
Petitioner alleges,
22
1.
23
24 That the CITY OF fiuN nNOITON BEACH is now and at all times
25 herein mentioned was a municipal corj:oretion, duly organized and
26 existing under and by virtue of the laws of the State of California.
2
27 .
28 That at all times h!=rein mentioned the DYKE W/%TER COMPANY
29 was a corporation duly organized and existing under and by virtue
30 of the laws of the State of California, having 16a principal place
31 of business in the City of Gorden Grove, County of Orange, State
32 of California, and at 911 of the times herein mentioned was a publio
I utility under the laws of the Mete of Californi,-, as defined by
2 Section 241 of the iublic Utilities Code of the State of California,
3 and as such public utility did at all times herein mentioned and
4 j parlor to October 1, 1965, operate a water system for the supply,
5 tronamission Pnd distribution of water within the boundaries of
6 the City of Funtington Beech, your petitioner herein, and in terr-
71 story outside end adjacent to the boundaries of said City of
8 Huntington Beech in the County of Orange.
9 3•
10 That on or about August 13, 19640 by purchase duly author-
11 iced by order of the Public Utilities Commission, petitioner so-
12
quired that portion of DYKE WAT-*.R COMFANY°S intevest within the
13 City of Huntington Bosch, which portion of said DYKE WATER COMPAgY
14 system is now owned and operated by the City of Huntington Beach.
15 4.
16 That by Decision 67497 the Fublia Utilities Commission of
17 the -State of California ordered that all monies collected by DYKE
18 WATER COMPANY in excess of those for which its terit(a provided be
19 refunded.
20 S.
21 Petitioner Is informed and believes, and upon said informa-
22 tion and belief alleges that all refunds ordered by the decision
23 referred to in paragraph 4 hereof have not been made to all the
24 parties entitled thereto, for the reason that said parties have
26 not been loomed and have failed to claim or reasive said refunds=
26 that the sums due from said DYKE iAT R COMPANY and the names and
27 addresses of the persons entitled to said refunds who have not re-
28 ceived sold refunds, and the amounts to which said persons are
29 entitled are unknown to your petitioner at this time but are known
30 to DYKE WATER COKPAMY, and petitioner Frays gist upon ascertaining
31 said amounts that petitioner to permitted to amend this petition
32 as may be required, and that said amounts be set forth.
a
6
1 � r
2 is titionerg by virtue of the fact that petitioner has taken
3 over the DYKE WkV R COMrANY'3 interests in the City of Huntington
Besoh, and no claim has been made by all pgrtiea, claims as s public
4 �
5
entity a right to have all ,monies now unpaid to and unclaimed by
6 all former oustomers within the DYKE WaT7-B COV AHY'S interests with-
7
In the City of Huntington Beach turned over to eaid City cf Hunt-
t.
8 ington Beach.
9 DATED this 15th day of December, 1965.
10
11 CITY OF HUNTINGTON BEACH, _.
12 :
13 By Donald D. Shiple j Mayor _
14
15
16
y
17 JAMES D. PLUNKM
JAMSS D. y rney ;
18 Attorney for Petitioner
19 `
20
21
22
23
4
2 c
25
26
27
28
29
30
31
n�
i
V E$IFICATION
1
2
STATE ::•F CALIFoRNIA )
3 ) as
CUUNLY : F UiIANGE )
4
5 I, D%--;ALD D. S"IFLEY, declare:
6 That I am the Mayor of the .I ty of Huntington Beach and
7 that I hereby verify the foregoing petition on behalf of the CITY
OF HUNTINGTON BEACH; I heve read said petition and know its con-
8
tents and that said are true of my own knowledge except as to those
9
matters which are therein stated on infornation and belief and,
10
as to those matters, I believe them to be true.
11
12 i declare, under ; enalty of perjury, that the foregoing
Is true and correct.
13
EXECUTED on the 15th day of December, 1965, at
14
Huntington Beach, California.
15
16
17 :eyor of the un ng n
Beach, Celliom. le
18
19
20
21
22
23
24
25 (
261
27
28
'In
Page 2 , continued . . . . .
3816o9-DB
dismissed as to said land (in the event we are asked not to show
same in our Policy) and an order from the public utility commission
authorizing the intended Bale .
DESCRIPTION:
Lot D of Tract '!o. 26?9, in the c:ty of Huntington teach, county
of Orange . state of California , ar per rsap recorded in book 84
pages 29 and 30 .)f 'ilscellaneoue Yaps , 1n the office of the
county recorder of said county.
DB:eh
Encl: Plats
To 230 VC - nv..�v'vZry�t�ro
JkA
M 1l
*VWWIAI LOW Ow
Jt Ad
—
f —
lL'-
• I•L'L If. .. —
� LWi'AJ t Q Al•
.•V 11 �y� ✓I
t ! V jt; 4)
t ,
.a7idf if ��► ♦ 8
P :�•. -- . �. 1
ti NOYf'l1'I✓-
b
t/ 1
vow}lrpr
-M7-�f17►" ,
1
I ::::�3;
I �v.Af I Y '•
Iva
• .� ":'r --•�-,..�:n-:r ;yn was► � ----
��O.IAIJ ClrrsLV
uw.>or
.c.s¢•.�ar..vc�vs..asror
This is not •Iry but qm d for informal e=
TI ';_ � - -
Title Insurance and Trust Company 0
ollicia/ records.
Title Insurance and Trust Company
cigavJC COUNT-1 OPrICer
.A7 h10ATN MAIN •TRtCT S k.4T♦ ANA
I O N( 547 J)]1
Ju ly 8, 1964
►�{P()HT XNT
When replYlng. refer to
thlr tio. 381609-DB
)'our No.
The following in a report of the title to the land de.crt ,l ul your apld,ration for a Priliry of Title In.ura.nce. Aod ie
made without liabilitY end without Obligation to •uch puliry. In addition to onv eu1-ptiunn shown herein. and
not cleared. the policy. if issued, will contain condition. and.rtillulationr.and n6o rareptian,from it.:coV1.1age a.-%may
br required by the particular fr.,:rn of polkcv il`urd.
fated as of July_-6, 1964 _. __at 7:30 a.m. —
DON BLANKMAX - TitleOflrrr
Vestee:
DYK.t; WATER COMPANY, a corporation, a certified copy of whose
certificate of election to wind up and dissolve Was filed in
the office of the Clerk of Orange County on May ?, 11160.
L%ceptions:
1. Genera]. and special county and city taxes for the fiscal
year 1964-1965, a liccn not yet payable .
2. Covenants, conditions and restrictions in the deed from
Huntington Beach Company, a corporation, to P.alph K. Clock and
T. G. Harriman, recorded November 1, 1915 in book 279 paF:e 34,
of Deeds.
3. An easement over. the East 10 feet of said land for pole lines
and incidental purposes, aQ granted to Southern California
Edison Company, a corporation, by deed recorded February 23, 1(?56
as Instrument No. 27191 in book 3409 page 455, Official Records.
4. An easement over the easterly 5 fc-et of said land for utility
purposes, as shown upon the map of Tract No. 2699.
5. An action under application No. 446?7 filed July 13, 1962
before the Public Utilities Commission of the State of California ,
entitled City of Westminster, a municifal corporation vs . Dyke Water
Company, a corporation, et al. , to condemn said land , therein
designated as Farcel No. 12.
Notice of the pendency of said action was recorded November 7, 1962
in book 6114 page 818, Official Records.
No opinion is given as to the present status of said action.
NOTE: Before we shall be able to insure title in the intended
purchaser we shall need evidence that the above action has been
y.
w�
-�! City of Huntington Beach
_ �
j P.O. BOX 190 CALIFORNIA 92M
ENG1NEER;NG DEPARTMENT
July 14 , 1976
j
Honorable Mayor
and City Council
City of Huntington Beach
Attention: Floyd G. Belsito
City Administrator i
Subject: Dyke Water Well
near Council Members:
The water well known as the Dyke Well on Hartlund Street
is operating at 57% efficiency. It is proposed that we be
allowec: to arrange for the following work without going thru
formal bidding procedure.
1. Pull the pump.
2. Bail the oil out of the well.
3. Inspect and repair or replace the pump.
4. Examine the well casing.
The total cost for the work will amount to approximately
$5,000.00, and is a budgeted item. If we were to go to formal
bid it would be necessary to bid it in two parts, that is, the
examination and then the work that is deemed necessary as a
result of the examination. The total time for this procedure
w•3uld approach three months and it is imperative that the well
be ristored to service as quickly es possible upon shutdown.
Section 1211 of the Charter states that this type of work
for the water utility may be performed in this manner by the
affirmative vote of the ma4ority of the total members of the
City Council. It is recommended that the City Council authorize
the Department of Public Works, thru the Purchasing Agent, to
arrange for the work. Thin will requir,: four (4) affirmative votes.
Very truly yours,
.0 E�artg
Director of 2ublic Works
HEH:ae
'RE�i►�Pf'.'d.1R��.iF::. ... .. . .. .. . .. .. _. .�. .. . .r _ .., .. ......ro..«a.:;7..vS,tii� t..�.:w&4��57�% \ _ `Y'
951
ME ORANDUM
To: City Council
From: City Adrninistra.tor
Datc: May 31, 1967
.�t the May 1 meeting of the City Council the Mayor and City Clerk
were authorized to execute an application to the Public utilities
Cumrnission relating to the Dyke Nater Company refundc to former
customers. We have now received an additional document incorporating
chen es and modifications in the petition and interim rate fund agreement.
'The Fity Attorney has examined this document and it is recommereded
that the Mayor and City Clerk be authorized to execute same.
#Y/MIler �.
i
c
oirtclAu
11�{MGTpH OISTR MILLER
/ ADMINISTRATIVE ATIV[O►/.C[R
� = G 1 T Y O F c{,y� r'/LL�i�/L �a�/ L, BRANDER t: CASTLE
/ 5/(/ •SbIf TENT �°rllvll T1fA70A
Q ....................................... .................................. JA M ES R WHEELER
ER
P.O. BOX 190 C A L I F 0 R N I A OIRCANKCIO. 8,01 PU G "b
926 8 FRANK C IR CTOR
[ri FIMA NCC DIRECTOR
JOHN SELTZER
COUNCILMEN December 16, 1965 POLICE CHIEF
DONALD D. SF!IPLEY DELBERT G. HIGGINS
MAYOR
FIRE CHIEF
ERNEST H. GISLEk
VINCEt.T G. MOORHOUSE
ROBERT M. LAMBERT
JAKE R. STEWART LIFEaUARO CHIEF
THOMAS 14 WELCH OLLIN C. CLEVELAND
BUILDING DIRECTOR
RAUL C JONES EDWARD R STANG
C.ITYCLERK I A r11Rt)C t-n
• ti t- i Y <,t "�(:I I. WATER bU/[RINTENDENT
DAMES D. O TT
CITY ' _ ` , ► V
rTAT roRNXYRNEr C4L�Tr'L.'Gn
BETTY DIEKOFF ��
TREASURER
Honorable Mayor and =' '`•--�
City Council,
P. 0. Box 190
Huntington Beach, Calif.
Res Petition for payment to City-
Money due from Dyke Water Company
for refund of overcharges never
collected by former consumers
Oentlemens
May xo have your permission to file a Petition
before the Public Utilities Commission of California for
payment to City of Huntington Beach of money due from
Dyke Water Company for refund of overcharges ordered by
the Public Utilities Commission to be paid to former con-
sumers and unclaimed by said consumers? Petition is
attached hereto.
Yours very t y
JAMES D. PLUNKETT,
City Attorney
JDPsh
Enol.
J `! ,1 '
CITY OF HUNTINGTON BEACH
•_' s ENGINEERING DEPARTMENT
Huntington Beach, California
February 25, 1965
pPPK0
VEL) i`�l' CL CY IL
_-L9�5---19---
Honorable Mayor CS-
and City Council __- �,T awl
City of Huntington Beach
Huntington Bea-hi California
Subject: Location Dyke System
Gentlemen:
�3
The Department of Public Works requests
permission to ask for informal bids for labor only J9
to replace the services clamps, services, install- `
ation of meters, meter boxes and reconnections to f
the consumer' s house lines.
The department feels that we can
purchase the material and save 15% and also have
better control of the work being done.
The estimated costs of this project will j
be $17,000.00 for labor and material.
Very tru yours,
es R. Wheel r
Director of Public Works
JRW:IRS:a
.1
December 9, 1964
. t
Dyke Hater Company
1
P.o. Boas 68
Garden Grow, California
Attention: Mr. A. Lansdale {
Secretary
Gentlemen: I
i
In regard to your req.,est for the passage of is Resolutinn t
in connection with the cancellation of taxes im the pur-
chase and sale of a water system in Huntingtott Beach, please
be advised that I made such request to the Supervisors last
meek.
The Board of 84 isors took action to cancel said taws an
December 8, 1964. This informative will be transmitted b9
their office tc the County Tax Collector, who in turn will
prorate taxes due from Dyke Hater Company prior to November
23, 1964. They will no doubt send a revised bill either to
your company jr to Title Insurance, the Sacrow Agent.
If you have not zeceived any communication in 0:16 matter
within a reasonable time, please feel free to contact me.
Sincerely yours,
Paul C. Jones
City Clerk,
PGJttr
DYKE WATER COMPANY
11065 PENN AVE'IUE
BOX 68
GARDEN GROVE,CALIFORNIA
JErr[ASON 4-3044
Dec. 8th,1964.
Hon. Donald D. Shipley, Mayor,
City of Huntington Beach ! :
Huntington Beach, California
Re: Purchase and sale
Water System - Huntington Beach
Escrow No.381609-ET T.I.T.Co. -1
Dear Sir: !jr`
Kindly have your Council pass a resolution requesting
the Board of Supervisors to cancel the remaining taxes 1?
from date of the closing of above escrow (Nov.25, 1964) .
We paid the taxes ( thru the escrow) yip to date of closing.
We. are enclosing copies of the tax bills for this purpose.
Thanking you, we remain,
Yours very truly,
DYKE WA O-NP,�YY,
By
Enc.2 Secretary \\
:,by
r ct
�a
I•
ck
.ryj•r.-)I�.d.d..y�.L.«.wyY'1.M S:�•':'L-:•,.�..i A.:. -,.•: ._,.....- S-,..:.�. - .- .r - x � .., { � Sw
P l OFFICIALS
• 1 / DOYLE MILLER
'DqV6ADMIN I{rRATIV[OFFICER
♦/
BRANDER D. CASTLE
ASSISTANT ADMINI[rRArow
lead
_ CITY O F
JAMES R. VJHEELER —A?•...J
ll• __ DIRECTOR O►PU.LIC WORKS
r QR P.O. 60X..LOG 2b9 C A I.I F O R N I A FRANK B. ARGUELLO
92M8 FINANCE DIRECTOR
7(M• JOHN SELTZER
POLICE CHIEF
DELBERT G. HIGGINS
COUNCILMEN
December 3, 196 4 F:R[CHIRr
DONALD D. SHIPLEY. MAYOR VINCENT G. MOURHOUSE
ERNEST H. GISLER LIFEGUARD CHIEF
j ROBERT M. LAMBERT OLLIN C. CLEVELAND
JAKE R. STEWART BUILDING DIR[CrOR
THOMAS H. WELCH EDWARD R. STANG
WATER SUPERINT[ND[MT
PAUL C. JONES
CITY CLERK
JAMES D. PLUNKETT
CITY ArtORKRY
BETTY DIEKOFF
TREASURER
Mr. Paul C. Jones,
i City Clerk,
Huntington Beach, Calif.
Deed - Dyke Water Sale
Dear Sir:
Enclosed find Corporation Grant Deed covering
the foli ,ing described property (Dyke Water Sale)
Lot D of Tract No. 2699
Huntington Reach
for your records.
Ypurs ver truly,
i
GEO E SHIBATA
Ass .City Attorney
i
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Encl.
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op
U(—Vr. W.".i-ER
BRANDER D CASTLE
Nt-n Lp,:It)X
NTY
ERNEST H
k AN:.
JAKF R STt.11A-T
T.OMAS 14 WF-CII S C WARNFR
December L , 19b4
PAUL. C JONES Enw-"r: R S.ANt;
C"..
JAMES V. PI.t)..XrTT
SiTTY C-F✓CFI*
Honorable Board of Supervisors
County of Orange
Civic Center
Santa Ana , California
Gentlemen:
It is respectfully reouesred that vour Honorable Body
cancel taxes on7_two Items of property ZICMILL-ed by the
City of Huntington Beach from Dvkt! WAtCr Company by '�
deed recorded November 25, 19o4. The Parcel Numhers
involved in Lhese7 -wo ttems are as follows :
1. Code Area 4-008 112-294- 14
2. Code Area 4-038 920-490-42
It is requested that you authorize the cancellation
of taxes on these parcels.-as of November 25, 1964. Due
to the tact that such taxes will be in arrears after
December 10th, your immediate action in this matter
Is requested.
Title Tristiranre Company ol'- Santa Ana , the Escrow Agent
in this transaction, are holdini; a :-heck ir. escrow in
an amount sutticient to pay the taxes for the tirst
six months which wo-.jlJ be still owing by Dyke. Attached
herewith are copies ITf the tax bills covering the prop-
ertv we are preserttn,? .
Sincerely yours ,
Paul !' . Jones
C i t,.- C I vrk
APPROVED:
Cic-.- At !-r!i,-v
f
Now
TI -
Title Insurance and Trust Company
BOO NORTH MAIN STREET P.O. BOX BB SANTA ANA. CALIFORNIA PHONE 547.3333
October 30, 1964
yV ALTER A. CORB�N
v iC[.PA[eifJ[n-i A•,D uwN wO[A
t.
Escrow 381609-ET
City of Huntington Beach
P. O. Box 190 / 7
Huntington Beach, California �L a`1 r�21-r c
Attention: Doyle Miller 1 J
City Administrator
Gentlemen: r,
We are enclosing herewith two copies of ;.
supplemental escrow instructions in conriect•ion
with your escrow with Dyke Water Company. if
the instructions meet with your approval, please %{
sign and return one copy to this office.
Upon receipt of your approval of the tax
prorata and Bill of Sale, and your check for funds,
we shall be in a position to proceed toward the z
closing of this escrow.
Very truly yours,
er
Ella Trost
Escrow Officer
n c
Encl. r
..Ka
Or
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G8 9]C
ESCROW INSTRUCTIONS
TITLE. INSURANCE AND TRUST COMPANY:
Escrow No. 381609_ET
$And Ana , Calif.
October 30, 1964
You are hereby instructed to charge =8 WATER COMPANY with
tame from July 1, 1964 to close of escrow and credit said amount
to the CITY OF HUNTIMTW EEACR, based on first installment taxes
for 1964-65 as per attached- tax bills.
DYKE WATER COMPANY
CITY OF HUNTDMTON BEACH
By—
or
ATTEST:
yClerk
i �.
C COUNTY OF ORANGE 1964-1965 STATEMENT OF SECURED PROPERTY TAXES 1 DO NOT DETACH
ASSESSED YALLUiIONS AS Of MARCH MN DON L MOELET COUNTY TAX CO LECTOR TAXIS FOR FISCAL YEAR JULY a 1%1-JUNE IMa
>oL+cwT uamTa .wo.roaw Ir. >rlwn n.>e+M...w[+aT a.arnl. ara>i..IOI.a DUPLICATE .oa -
_ noN» wnmwo w NaR T�N[ai.�"a> .. orra+ A ro a .•aua v+a. • ca
R 6 r wµ200 a �0 a eT2410 * E e. e R a a*:[-•2640 16424 1110 439 2
q......- w IwOK•nt rlrlllY Rrlwia DUPUCAYE coe[•.[• .•wGll wur.aA TY+"+c coal•.[. .. rYM.I.
[f; �l TR 2699 LOT 0 4-008 112-294-14 .2904 2 71 1 4-003 112-294-14
AND OM°. COT 10. -m.w0.
I
S,% a ewwaR o...C-ANTo. v [wo...sT•aLrcnr
- ` as..•aw....la or wa•[+>l sroc.
DYKE WATER CO DYKE WATER CO 6012 a 135.31? 6
11065 PE.NN BOX 68
GAROEN GROVE, CAL n;LO;A7Raa 146A51 5 Du[: F[DnuARY 1, tsea
_ `. DELINQUENT:APR 10.1965
_ T - ,•. FLEAS[MAR THIS RILL WITH REMITTANCE TO:
DON L MOSIEY.COUNTY TAX COLLECTOR +[...•..e.•Y+.a
lva+u s oa
RATES AND DISTRIOUTION OF AMOUNTS DY TARING AGENCY II TOTAL -
[CO-
O j FIRST •I F.O.ROIL lu*.LANTA AMA,CALIFORNIA.TIm
II INSTALLMENT INSTALLMENT OFFICE LOCATIOIH{D H.*ROADWAY.FINANCE BLDG. RM,IM
•alrcY T.a auac >.>a Y•aaa•ro•sussrawl>� voa .•cc cw
C CO SCH BLOG A I0 .0013 +`y12640 .03 Ill * 270.7E a 135.39 a 135.739 RETURN ENTIRE STATEMENT 1 10 4 39 2
OCEAN VIEW-EL-GF 2:-9654 2640 54.53 . . . . . . - -
aCEAN VIEW EL-8 .3929 2640 10.37 ��
HUNT BCH HS-@ .5500 2640 14.5? 5% Ta+.. DO NOT DETACH
14VNT 8CH HS-Gv 1.4322 2640 37.21 l'
('RANGE CST JC-GI: .5452 2640 14.39 �j COSTS 278190 6 DUPLICATE
..
SCH M001FICA AID .0375 2640 .99 "
( SCH INST TUITION .0005 2640 .02 ��I TOTAL 8012 --
SCH VENT RET TAX .0128 2640 .34
HUNT BEACH CITY 1.3300 2640 35.11 j';; IEYouHAVE 110 439 2I110 439 2 143=51 9 4-009 112-294-14
COUNT'I FU'aDS 1.7200 2b40 45.41 ;II SOLD THK _
( CC FLCO� CONT .3000 2640 7.92 I PROPERTY-RETURN
jl� THIS BILL VAT" a"LIT a ..•. TOTAL[., - �ar L••.aa ra"r
- �]C HA43!SR .1044 2640 2.75 �il TOTAL
_ MOSQUITO *BATE .0095 2640 .25 I•I IXNAMATION OR a 270.78 4 a l'5.3q j 6
MIDWAY CITY SAY 1.0014 2640 26.44 I' BILL _FORWARD iNls*I
(" MA0 CC ?.UN OR I G .1900 7640 5.02 I; TO THE NEW "
CCMVO OR Ira 4R NO RATE 2640 OWNER. TIME LOF`1STA INSTALLMENT DUE: UENT:D DEC1. 11964
96.
CC SANITATION 43 .3839 2640 10.13 PAYMENT. O[LIMOV[HT: C 0 M.
5:00 P.M.
0C WATER GIST .0300 2640 2.11
L. '?CND-WTR RESERVE .1000 2640 2.64 ,
E- s IreY`Ta>..I.IeMa 1
10.2571 TOTAL 27C.79
SEE REVERSE T
us o[>c..Tlow.»oT.a.asa
Cl
SIDE FOR II YY.a a aaarmow o..w.r.c[ FLEAS[MAIL THIS BILL WITH REMDNCE TA TO: J�
- rcTu.w a.w[a.cw a. I
IMPORTANTorwaw t DON L MOELEY•COURT[TAX COLLECTOR ,
INFORMATION `"MO"'"c"`Y 1 0.ROX I..SANTA A IA-GLIFOaMIA tTTm
_ OFFICE LOCAT: T •o� • _
W"RIN M O�l> A [C[I.T T-Z T..l> `p N.*EDADWAT,FINANCE ELDG. RM.110-- I •,:C CA
+ r
-`- ..10.T..+cn RETURN ENTIRE STATEMENT L 10 4 39 2
Rt
- t 1
YT
L �
r COUNTY OF ORANGE 1964-1965 STATEMENT OF SECURED PROPERTY TAXES DO NOT DETACH'.
_ }• AUMED VALUATIONS AS OF MARCH 11N VON i MOZ E/COUNTY TAX COLLECTOR TAXES FOR FISCAL YEAR IYLT 1 vw.Jums Ills
ti: .x.[rt cKa» a.wo.wPiw :r.wo.ar[wT. n.a 1 n1e.a.n otr.Tww re_ r,.wol.a DUPLICATE
;i• A,owTf r[w T :I ArA[ i.
t= s f r.wa s .ebare s e, [K ..Lre.. e s s sr �
Ati 1160 1160 T412 ill0 54� 3
Kfcn.rNrt r.aauT[.WwlwAl AWMT. DUFUCATS .KA .AACta rur.0 n+r.+C- 2 [A.a. _C[l wurfP
THIS ASSESSMENT SECUPED BY AP 89-243-12 CA19-055 a-008 920-490-42 129t10 3 4-008 `• 020-490-42
Z{: IMPS PIPELINE 6 HYDRANTS ..e eAeaA ceT
. .,r<N e.
�` `�rtA w w[coAo.a tr rA.w>_IN. YAIa ro llr[NT
f
DYKE WATER COMPANY DYKE WATER COMPANY 3056 Nw t,we w•T•59.49 5
11065 PENN AVE
BOX bA - : #E ARY 1. 19e3
O4OD4AP33tr
66Y S 8 C DELINQUENT:
Nr:A".10 19e5
GARDEN GROVE# CAL 1, - �- 5:00 P.M.
L I .•� PLEASE MAIL THIS YLL WITH REMITTANCE 70:
•l - DON L MoILF/.COUNTY TAX COLLECTOR
RATES AND DISTRIBUTION OF AMOUNTS By TAXING AGENCY I s[CONO FIRST F.O.WX 143k SANTA ANA,CALJFORNIA MCI
TOTAL INSTALLMENT INSTALLMENT OFFICE LOCATION-30 N.&ROADWAY,FINANCE SIDG. W.110
- .o[rcT T.w..n v.aua.A.a r.ro.wo Afuaar[wrf I vw .Ac[ cw
C0 SCH SLOG AID .0013 1 L60 .01 I L 119.98 E 59.49 E Sa.49 RETURN EKnRE STATEMENT 1 l0 54? 3
7Ccp,y y(cW EL-GF 2.0654 1160 23.96
OCEAN VIEW `L-9 .3929 1160 4.56 A>< - TT.11 DO NOT DETACH
HUNT 3CH HS-8 .5500 1160 6.38 •»�-
HU:' SCI+ MS-GF 1.4322 1160 l6.61 I eos,E '%�•`� 122R54 1 DUPLICATE
ORANGE CST JC-GF .5452 1160 6.32 „
SCH 0:70IFICA 410 .0376 1160 .44 I° TOTAL
SCH IKST TUITION .0005 1160 .01 I 3056I <eea,wt, -
SCH WENT RET TAX .0129 1160 .14 'IF YOU HAVE "` `• `• `
' H!UNT BEACH CITY 1.3300. 1160 15.43 ��; 110 543 3 110 543 3 631E 5 2 4-078 920-490-42
.0UPTY FU40S 1.7200 1160 19.05 �j: SOLD THIS
-C FLQOO CONT .3000 i l SO 3.48 y:, PROPER n LRETUR ar[ T T Ir.,.a r[wT �eT.l
Q_ HARBOR .1044 1163 1.22 i .a[al,r e.t.t :<[Lne`aw.
�:3SGUITO ABATE .0095 1160 .11 DDIANATIONOR ' 118.98 4 ' iT1Nf1.54.49 5
.410w4Y CITY SAN 1.0014 1160 11.61 Fo[wARD THIS TILL
ro THE NEW TOTAL TAA MAY S PAID AT DL: BER 1. 190.
Nwn OC NUN ORIG .1900 1160 2.21 OWNER. TIME of 1ST INSTALLMENT DELINQUENT: DEC 10.` 90.
GCWaO OR IG AR NO RATE 1160 PAYMENT.II � s:oo P.M.P.
OC S4NITATIC. k3 .3839 1160 4.45
s;' CSC WATER DIST .0800 1160 .93
;a OCWD-WTR AESERVE .1000 1160 1.16
F` 10.25T1 TOTAL 118.99 E- s Iw Via r'o..
•t _ � p SEE REVET:c aat etf<.Lr.ew
- SIDE FOR rl n.c IN,A—— Ara [•• KRASL MAIL THIS MLL WITH UNMAN"TO: -1
Y ..� •� I.v[rou11 1.crux» i.o..rAr..[
IMPORTANT Cou[K •.r.[IFA.[ .oTwt. DON S.MOUSY.COUNTY TAX COLLECTOR !
INFORMATION =_tiE..T P.D.BOXHTL SANTA AMA,CALIFORNIA "M L
_ •N 1.1,[r..o.awlr v oArae r..:f Er.,t ��LOCATION-Lio M.EROADWAT-FINAMCE OLDG. IN.IIO
L rWi K:Ortf A'ANCtI.T r TOw TA.af RETURN ENTIRE STATEMENT 1 10 5 a3 3
tea. - - - ; v- .X' •x
--,;A
L •-'{ �.aF• a.T .•" .- F. S_��, _Y -`A-^ ' `)' -F .R 7�S.7j74-.•'d^C _�'JF.�+
t
City of Huntington Beach.
`- Califomia
nr �
September 14, 1964
Mrs. Ella Trost, Escrow Officer
Title Insurance Company
P.O. Sox 88
Santa Ana, California
Rea City of Huntington Beach- Dyke Rater Company
Purchase, Escrow No. 381609
Dear Mrs. Trost:
Enclosed is a copy of a partial discharge of notice of lis
pendens, relating to portions of the above referenced sale.
The City of Westminster informs us that a copy has been
i forwarded to the County Recorder and suggests that we forward
j a copy to the Escrow Officer.
if additional information is needed at any time, please feel
free to call this office.
Sincerely,
Doyle Miller
City Administrator
EN i bwo
enc.
}
City of Huntington Beach
269c(di f,m liu
June 12. 1964
I�
Public Utilities CommissiOn
State of California
Civic Center,
San Frenolsoo 29 Callfornis
Attention' Mr. Ed F. Cstey
Engineer, Examiner
Res Appliostion No. 46608
Gentlemen:
The City of Huntington Besoh does not wish to take, or
aseuee, the advances in aid of construction contract
obligations of applicant as listed in Rxhibit 1, but
does Agree to keep end maintain proper end adequate
records of revenues pertaininngg to said advances con-
tracts` and to supply such information and data to ap-
pi can Dyke Water Company, for its use in deterain-
ing payments to be nods when Sue. r ,
Yours very► truly,
4
City of Aunt Be oh
City of SuntIngton Beach
i
{
4
t
' is
STATE OF CALIFORNIA
as
COUNTY OF ORANGE
DONALD D. SHIPLEY and ERNESTINE DI FABIO,
being first duly sworn, depose and says
That DONALD D. SHIPLEY is Mayor of the City
oP Huntington Beach, California, and ERNESTINE DI FABIO
Is- Deputy City Clerk of the City of Huntington Bsaoh,
California, and that the City of Huntington Beach is
00-APPLICANT in the proceedings above entitledl that
they .and each of them have read the foregoing publication
to the Public Utilities Commission of the State of
California for authority for the Dyke Water Compaany#
APPLICANT, to sell and transfer to the City of Huntington
Beach that portion of the Dyke Water Companyls utility
plant known and designated as the Dyke Huntington Beach
i
System and know the contents thereof= that the same is
true of their own knowledge, except as to matters therein
stated on information or belief and as to those matters
they believe it to be true.
S/Donald D. Shipley _
Mayor, City of Huntington-.Beach
S/rrnestina Di Fabio
Deputy City Clerk, City of
Huntington Beach
. SUBSCRIBED AND SWORN to
before me this 2nd* day
Of 1say9 1964.
�.
In and for the County �
of .Orange,
State of California.
(My commission expires March 31, 1965)
City of Huntington Beach
California
February 18, 1964
C ouga i.lmn Gialra r
..Ot3TbCilL�I1 ��'ctlou
; . �r. Lsillur
i
i
e ntImen s
The irmatigmtion of the proposed *purchase of the Dyke
WaUr systw :n Tracts 2416 And 2;58 has be ou coaaluded by zT
office.
In our final amlysis we assumed a purchase price of
t55#000 and $16,300 ($100/unit) for metering and service re—
placement, arriving at a total of $719300. The gross unit cost
of this is about SUS, which compares favorably with thg 6433/
unit paid for Southern California Water.
Using this as a first cost and catimting our operating
i expenses we were satisfied that no could operate the syatcel nt
a profit (2eU)e It is most likely that the profit figure in
extreeraaly conservative and that the cost of motors and services
rill be reduced.
Our top otter to Dyke ahvulu be $55,000 including all the Y:
costs of the tmnoaction.
Pear truly yours
:.mei: R. Vihee{;c
J=e s R. Mic eler
1 Director of Publie Works { `NX