HomeMy WebLinkAboutCouncil Recommended Action - Rhone Lane/OC San Reg Miller-Ho (2) TINsto 2000 Main Street,
Huntington Beach,CA
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" City of Huntington Beach APPROVED 7-0 —RECOMMENDED
����s 4 r , l'k- ACTION POINTS—INDENTIFIED
c'o� IN ITEM NOS. 20 &':'.21 AS
AMENDED
File #: 24-039 MEETING DATE: 1/16/2024
Item Submitted by Mayor Pro Tern Burns - Council Recommended Action Regarding Rhone
Lane/OC San Reg Miller-Holder Easement
It is requested that the Huntington Beach City Council direct the City Manager and City Attorney to
work with OC San and the residents and homeowners of Rhone Lane affected by the Miller-Holder
easement towards an agreeable solution if asked by both OC San and the Owners/Residents.
City of Huntington Beach Page 1 of 1 Printed on 1/10/2024
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City Council/ ACTION AGENDA January 16, 2024
Public Financing Authority
ADMINISTRATIVE ITEMS
19. 23-1071 FY 2023-2027 Strategic Plan - Biannual Progress Update #1
Recommended Action:
Receive and file the FY 2023-2027 Strategic Plan - Biannual Progress Update #1.
Approved 7-0 as amended—staff to return in July with more broad key performance
indicators for each of the success indicators identified
COUNCIL MEMBER ITEMS
Mayor Van Der Mark called for a concurrent discussion on items 20 and 21.
20. 24-039 Item Submitted by Mayor Pro Tem Burns - Council Recommended
Action Regarding Rhone Lane/OC San Reg Miller-Holder Easement
Recommended Action:
It is requested that the Huntington Beach City Council direct the City Manager and City Attorney to
work with OC San and the residents and homeowners of Rhone Lane affected by the Miller-
Holder easement towards an agreeable solution if asked by both OC San and the
Owners/Residents.
21. 24-046 Item Submitted by Council Members Bolton, Kalmick and Moser -
Rhone Lane - OC San Easement Issue
Recommended Action:
We recommend that the City Council request OC San pause its action for 60 days on this issue at
its meeting on January 17, 2024 (We asked the OC San Board Chair to agendize this issue as a
placeholder in preparation for our vote tonight or failing that a Special Meeting). We should further
engage the City Manager and City Staff to work with OC San staff on additional options available to
residents affected by this encroachment. And, if appropriate, have staff convene a town hall with
residents and appropriate parties to discuss the issue.
Approved 7-0 the recommended action points identified in Item Nos. 20 and 21,
as amended to direct the City Attorney and staff to make a request of the OC
San to consider postponement of action for 120 days, and in the spirit of
cooperation, offer the City's assistance to facilitate a conversation with OC San
representatives to consider alternatives for resolution of the easement issue.
22. 24-045 Item Submitted by Council Members Bolton, Kalmick and Moser -
Expedited Plan Check for Development
Recommended Action:
Direct the City Manager to work with Bargaining Units and the necessary City Departments
(e.g. Community Development, Public Works, Fire etc.) to create a voluntary, expedited plan
check process with either City Employees (first priority) and/or contracted plan checkers to help
expedite the process of getting plans approved. All costs would be borne by the Expedited Plan
Page 7 of 7
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING — COUNCIL MEMBER ITEMS REPORT
TO: CITY COUNCIL
FROM: PAT BURNS, MAYOR PRO TEMPORE
DATE: JANUARY 16, 2024
SUBJECT: COUNCIL RECOMMENDED ACTION REGARDING RHONE LANE/OC SAN REG
MILLER-HOLDER EASEMENT
ISSUE STATEMENT
OC San wants to exercise their 63-year-old easement (Miller-Holder easement) west of Rhone Lane
(and south of Heil Ave.) in Huntington Beach. Over the years residents/owners have placed pools,
structures, plants,sheds,etc. on the easement that has a six-foot pressurized raw sewage pipe below
the easement. The pipe was installed before any of the homes were built and the easement
documents state the conditions of the 63-year-old easement. Residents/owners and OC San are
trying to work out an agreement of a conflict on how to exercise the easement.
RECOMMENDED ACTION
It is requested that the Huntington Beach City Council direct the City Manager and City Attorney
to work with OC San and the residents and homeowners of Rhone Lane affected by the Miller-
Holder easement towards an agreeable solution if asked by both OC San and the
Owners/Residents.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations,Title 14, Chapter 3, because it has
no potential for resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable-Administrative Item
316
From: Diane
To: 5uoDlementalcomm(aa surfcity-hb.orq
Subject: Agenda Items 20&21
Date: Tuesday,January 16,2024 1:16:38 AM
I attended the City Council meeting on December 19, 2023 and listened as many residents
spoke of their notice to remove encroachments from the OC Sanitation District easement on
their properties. I was stunned by the indifference to these citizen's plights by the Council
majority. It was even said from the dais that the OC San meetings are public meetings and
they are recorded, so the residents should be watching those meetings if they wanted to know
what was going on. We have a representative on the OC Sanitation Board and it is Mayor Pro
Tem Pat Bums. He is supposed to attend the OC San meetings and pay attention to issues that
affect our residents and relay appropriate information back to them. He didn't pay attention
and now the residents seem to be paying the price. Item#20 seems to be a half-baked idea for
trying to resolve the problem that he let explode. He is now suggesting that the issue be off-
loaded to the City Attorney and the City Manager to reach an agreeable solution, but ONLY if
they are asked by BOTH the residents and OC San. Why would OC San ask for that? They
already own the easement and have the right to take it back. The time to have negotiated this
was before the letters went to the residents,but due to Mayor Pat Burns's negligence, it's too
late for that.
Now that we know OC San is intending to move forward with reclaiming its easement, I
support Item#21 as a better approach to stand up for the residents and to try to find an
acceptable solution with our residents' interests being properly represented.
Sincerely,
Diane James
01I1:4,G/ 2000 Main Street,
e�
Huntington Beach,CA
92648
City of Huntington Beach APPROVED 7-0 RECOMMENDED
q
�'
�d= ACTION POINTS IDENTIFIED
IN ITEM NOS. 20 & 21 AS
AMENDED
File #: 24-046 MEETING DATE: 1/16/2024
Item Submitted by Council Members Bolton, Kalmick and Moser - Rhone Lane - OC San
Easement Issue
We recommend that the City Council request OC San pause its action for 60 days on this issue at its
meeting on January 17, 2024 (We asked the OC San Board Chair to agendize this issue as a
placeholder in preparation for our vote tonight or failing that a Special Meeting). We should further
engage the City Manager and City Staff to work with OC San staff on additional options available to
residents affected by this encroachment. And, if appropriate, have staff convene a town hall with
residents and appropriate parties to discuss the issue.
City of Huntington Beach Page 1 of 1 Printed on 1/10/2024
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i.
CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING—COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: DAN KALMICK, CITY COUNCILMEMBER
RHONDA BOLTON, CITIY COUNCILMEMBER
NATALIE MOSER, CITY COUNCILMEMBER
DATE: JANUARY 16, 2024
SUBJECT: RHONE LANE—OC SAN EASEMENT ISSUE
For roughly the last 60 years, the Orange County Sanitation District ("OC San") has held an easement on
properties on the west side of Rhone Lane in Northeast Huntington Beach. Over the years, there has been
encroachment into that easement by residents.We understand both the residents and the City have been aware
of the encroachment.
The City Council was fully briefed in September 2023 about OC San's intent to reclaim its easement. At that
time, OC San advised that it would notify owners of encroaching properties that OC San had a plan to move their
walls back to the edge of the easement and require those owners to remove any hardscaping, pools or portions
of their homes that now encroach into OC San's easements.
Councilmembers Kalmick, Bolton and Moser asked to be notified before OC San took action on its plan,to allow
us to prepare the residents for what options OC San might present to them. Unbeknownst to us, OC San sent
letters to residents on December 1, 2023, informing them of OC San's intent to revive their easement and pay
for removal of encroachments;giving residents only 60 days to respond during the stressful holiday season. Had
we known these letters were going out, we would've knocked doors and held a town hall with residents prior
to OC San's notices.
We believe it is the City Council's obligation to represent our residents' interests and advocate for them to other
local and regional government organizations. In contrast, our representative to OC San, Mayor Pro Tern Burns,
apparently communicated to our residents that the City is not interested in getting involved in this matter.
However, per our City Charter, the Mayor Pro Tern does not speak for the entire City Council; this is a matter
for the City Council to decide.
(During the creation of this item, staff made us aware of another Councilmember contemplating bringing a
similar item forward. Because of the Brown Act, we would be unable to discuss and/or coordinate similar items.
We ask if a similar item is placed on the agenda that they be heard together.)
RECOMMENDED ACTION
We recommend that the City Council request OC San pause its action for 60 days on this issue at its meeting on
January 17, 2024 (We asked the OC San Board Chair to agendize this issue as a placeholder in preparation for
our vote tonight or failing that a Special Meeting). We should further engage the City Manager and City Staff to
318
work with OC San staff on additional options available to residents affected by this encroachment. And, if
appropriate, have staff convene a town hall with residents and appropriate parties to discuss the issue.
r �
319
From: Diane
To: suDDlementalcommC.asurfcity-hb.orq
Subject: Agenda Items 20&21
Date: Tuesday,January 16,2024 1:16:38 AM
I attended the City Council meeting on December 19, 2023 and listened as many residents
spoke of their notice to remove encroachments from the OC Sanitation District easement on
their properties. I was stunned by the indifference to these citizen's plights by the Council
majority. It was even said from the dais that the OC San meetings are public meetings and
they are recorded, so the residents should be watching those meetings if they wanted to know
what was going on. We have a representative on the OC Sanitation Board and it is Mayor Pro
Tem Pat Burns. He is supposed to attend the OC San meetings and pay attention to issues that
affect our residents and relay appropriate information back to them. He didn't pay attention
and now the residents seem to be paying the price. Item#20 seems to be a half-baked idea for
trying to resolve the problem that he let explode. He is now suggesting that the issue be off-
loaded to the City Attorney and the City Manager to reach an agreeable solution,but ONLY if
they are asked by BOTH the residents and OC San. Why would OC San ask for that? They
already own the easement and have the right to take it back. The time to have negotiated this
was before the letters went to the residents, but due to Mayor Pat Burns's negligence, it's too
late for that.
Now that we know OC San is intending to move forward with reclaiming its easement, I
support Item#21 as a better approach to stand up for the residents and to try to find an
acceptable solution with our residents' interests being properly represented.
Sincerely,
Diane James
Moore, Tania
From: K Carroll <kcrissie7@gmail.com>
Sent: Tuesday, January 16, 2024 9:28 AM
To: supplementalcomm@surfcity-hb.org; CITY COUNCIL(INCL. CMO STAFF)
Subject: City Council Meeting 1/16/2024 - Items 24-020, 24-046, 24-045
Greetings Mayor Gracey Der Vandermark, Pro Tern Pat Burns, Councilmen Casey McKeon and Tony Strictland.
Thank you again for all you are doing to make HB better.You have an amazing track record and have accomplished so
much. We are so fortunate to have you representing HB and I relish in your accomplishments regularly.
Sharing some thoughts on the following items:
24-020: Great monthly calendar items. I love seeing specific to HB celebrations. Not only for information purposes; but,
to also create ownership for all residents. I worked for a private club for many years and one of their members authored
a book. In that book was a section that included 'notable members'that had made vast contributions. One of those
members was Henry Huntington. Who knew that HB was named after him. He has an impressive background and many
accomplishments.
24-046: gree this should be left up to resolving between parties and not include council.There are already in place
o resolve these types of issues.And, it does sound like the OC Sanitation is working on resolving to mutual
satisfaction.
24-045: Hard no.This is opening the door to a giant disaster in the making and may trickle into other Collective
Bargaining Contracts.The City should have total control on staffing requirements, overtime management and process
management.This would have to include bargaining with the union which, I believe is why these three are proposing
with the ulterior motive of gaining union votes for their upcoming election. I'd be surprised if there is not already
Collective Bargaining Contract Language that addresses this..sometimes referred to as 'Management Rights'. No
businesses should give up the right to scheduling no matter how it's billed.This will create a burden of Finance bill back,
tracking too. If anything, increase the fee's to offset the costs. Scheduling, no. I'm betting,you already know this. Please
vote No. Don't open that door.
Best regards always,
Kris Carroll
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