HomeMy WebLinkAbout1967-08-211
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MINUTES
PARKING:' AUTHORITY
Council Chamber, Civic'Center
Huntington Beach, California
Monday, :,,,AugLxst.- ._ ,21', 196,T
Chairman, Pro-Tem-�Greena.c-ailed,;.a-meeting o.f.c;�the P.arkiftg -Authority
to order.
The organization meeting of the City Council of the City of
Huntington Beach acting as -the Parking Authority of the City of
Huntington Beach was held in the.Council Chamber in Memorial
Hall with the Mayor in theCChair.
1. ROLL: CALL, ,
Present: Members: Coen, Bartlett, Gisler, Kaufman, Green
.Absent: Members: Stewart, Shipley
�L. DESIGNATION OF CHAIRMAN
The City Attorney pointed out that -Section 32658 of,the
Streets and Highways Code provides that when a.Parking
Authority is activated the Mayor shall designate -the -first
chairman. On the other hand, where, under Section 32661.1
of said Code,.the-C ity Council declares itself to be the
.Parking Authority it; would,,be logical and .convenient- for
the Mayor to act also as the chairman of the Parking.
Authority, particularly. where regular meetings of the
Authority are to be fixed for the same times as.regular
Council meetings.
There being no objection from the members, the Mayor then
des-ignated himself as the Chairman of the Parking Authority
of the City of Huntington Beach and as such retained the
chair. ,
The City Attorney then suggested that the.first.order of
business should be.to.fix the time and place for regular
meetings.of the Authority, to. appoint the necessary officers
and to provide for use by the Authority of services. -.and
facilities of city departments. In this connection the
City Attorney pointed out that Section 32812,of said Code
provides that. the Authority may use the services. and
facilities of any department, office or agency of th& C_i.ty
upon such terms and conditions as may be -approved -by the
Authority and the City Council.
Page #2 - Minutes - 18/21/67
3. CONSIDERATION OF A RESOLUTION
The'Secretary gave the following"Resolution a reading by title: 4
RESOLUTION NO. l
RESOLUTION OF THE PARKING AUTHORITY OF THE CITY
OF HUNTINGTON BEACH FIXING THE TIME AND PLACE
OF REGULAR MEETINGS, APPOINTING OFFICERS AND
PROVIDING FOR USE OF SERVICES AND FACILITIES OF
CITY DEPARTMENTS.
The City Council of the City of Huntington Beach, acting as
the Parking Authority of the City of Huntington Beach, California,
does hereby resolve as follows:
Section_l. That regular meetings of said Parking Authority
shall be held every first and third Monday of each...month.at the
hour of 4:3.0 o'clock P.M. in the Council Chambers in the Memorial
Hall, Sixth and Pecan in said City, and that in all respects
meetings of said Parking Authority shall be governed .by and be in
compliance with the Ralph M. Brown Act (Sections 54950, et seq.
of the Government Code of the State .of California) . '...Exce-p.t as
otherwise provided in the Parking Law of 1949, the rules of
procedures for the City Council as set forth in the Charter of
said City shall also apply to the City Council acting as the
Parking Authority insofar as such rules can be made applicable.
Section 2. That pursuant .t-o the designation previously
made the Mayor of said City. shall ;act ex officio as the Chairman
of said Authority. -
Section 3. That the Vice -Mayor of said City shall act
ex-officio as the dice -Chairman of said Authority.
Section 4. That the City Clerk of said City shall ex-
officio as the Secretary of said Authority.
Section 5. That the City Treasurer of said City shall act
ex-officio as the Treasurer of said Authority and she shall keep
the moneys of said Authority'in the'City Treasury but separate
and apart from moneys of the City.
Section 61. That the City Attorney shall act ex off.icio as
the legal'advisor to the Authority except that the Authority
may.employ special counsel to handle specialized legal work.
Such special counsel°shall co-operate with and report to the
City Attorney.
Section 7. That the City Administrator shall act ex-
officio as the chief executive officer of said Authority and
as such shall be responsible for the administration of such
Authority business as by law is not required to be directly
administered by this Authority.
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Page #3 - Minutes - 8/21/67
Section 8. That pursuant to the authority granted by Section
32812 of the Streets and Highways Code, and in order that there be
no unnecessary duplication of effort or expense, the Finance
Department, the Public Works Department and the Building and Planning
Departments of.the City shall furnish to the Authority services.in
connection with matters within the scope of the normal activities of
the particular department,.and the Authority may ,, usethe facilities
of any such department. Until the City Council and the Authority
determine otherwise such services and such use of facilities shall
be without charge to the Authority.
PASSED AND ADOPTED by the Parking Authority of.the City of
Huntington Beach this 21st day of. August 196F.
ATTEST:
s/ Paul C. Jones
Secretary
s/ N. John V. V. Green
Chairman Pro Tem
APPROVED AS -TO -FORM:
s/ K. Dale. Bush
City Attorney
On motion by Bartlett, the Authority waived further reading of
Resolution No. 1, and passed and adopted same by the following roll
call vote:
AYES: Members :-'. Coen, Bar.tlett, ' Gisler;. Kaufman;! Green
NOES:, Members None
ABSENT: Members : -''Stewart-'Shipley,
4. EMPLOYMENT'OF BOND COUNSEL
The City Attorney presented'to ,the Authority a letter.:dated
August 11, 1967, from O'Melveny & Myers to the,City setting forth
the proposed terms of employment of O'Melveny:&..Myers by the•City
to act: as special bond: counsel. for the -issuance of bonds of' the
Authority:-.-,; The City Attorney advised:the'Authority to:approve the
terms of: said. letter and to authorize 'the-. reiibursement to the City
for all amounts expended by the City in accordance with the.terms of
said letter, said reimbursement to be made from•,:the proceeds of bonds
of the Authority. f
On motion by Kaufman, the Authority approved the terms of the'employ-
ment letter of O'Melveny & Myers to the City, and authorized the
reimbursement to the City for all costs and expenses incurred by the
City in connection with said letter.
Page #4 - Minutes - 8/21/67
The motion was passed by the following roll call vote,:
AYES: Members: Coen, Bartlett,.Gisler, Kaufman, Green
NOES: MMembers: None
ABSENT: Members: Stewart, Shipley
5. AUTHORIZATION OF CONDEMNATION PROCEDURE
The City Administrator pointed out to the Authority that the
parking program contemplated the ,acquisition of properties including
the railroad righ7ts-of=way reversionary interests now owned.by several
corporations.. He stated that while it would be desirable to acquire
these properties by a negotiated purchase and sale, he felt at this
time it would be appropriate to authorize the institution to condem-
nation proceedings for the required properties in the event that
negotiations were not s'accessful.
The City Attorney advised the Authority that it would be appro-
priate to adopt a resolution authorizing the condemnation proceeding
described by the City Administrator.
6. CONSIDERATION OF A RESOLUTION
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The Secretary gave the following Resolution a'reading by title:
RESOLUTION NO. 2
RESOLUTION OF THE PARKING AUTHORITY OF THE
CITY OF HUNTINGTON BEACH AUTHORIZING THE
INITIATION OF C.ONDEMNATION_PROCEEDINGS FOR
THE ACQUISITION OF CERTAIN REAL PROPERTIES
NECESSARY AND DESIRABLE,FOR USE AS PUBLIC
PARKING LOTS FOR THE CITY OF HUNTINGTON
BEACH.
The City Council of the City of Huntington Beach, acting as the
Parking Authority of the City. -of Huntington Beach, California, -does
hereby resolve as follows:
Sectionil. That this Parking Authority does hereby find that
it is necessary and desirable in order to carry out the -program of
the Parking Authority to acquire property within the City of
Huntington.Beach and improve same in order that it may be used•for
public parking purposes to acquire real property now.owned by Southern
Pacific Railway Company as successor to,Pacific Electric,Railway
Company; and other persons and entities, said property being more
specifically described on Exhibit A attached hereto.
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Page #5 - 8/21/67
Section 2. That the City Administrator as the chief executive
officer of the Parking Authority is hereby authorized to negotiate
for the acquisition of said property, said negotiations to be
subjiect to approval by this Authority.
Section 3. That the City Attorney as the legal advisor to the
Authority is authorized to initiate condemnation proceedings in the
name of the Authority for the acquisition of said property in the
event that the negotiations referred to in Section 2 above shall
prove unsuccessful.
PASSED AND ADOPTED by the Parking Authority of the City of
Huntington Beach this 21st day of Auizust , 1967.
ATTEST:
91 Paul C . Jones
Secretary
s/ N. John,V. V. Green
Chairman Pro Tem
APPROVED AS TO FORM:
s/ K. Dale Bush
City Attorney
On motion by Gisler, the Authority waived further reading of
Resolution No. 2, and passed and adopted same by the following
roll call vote:
AYES: Members: Coen, Bartlett, Gisler, Kaufman, Green
NOES: Members: None
ABSENT: Members: Stewart, Shipley
7. ADJOURNMENT
There being no further business to be transacted on motion
by Kaufman, the organization meeting of the Parking Authority of
the City of Huntington Beach was adjourned.
ATTEST:
Secretary
r . a -rman Pro-Tem
Page #7 - Minutes —August 21, 1967
ed� P
CONFERENCE ATTENDANCE —POLICE
The City Administrator presented a request from Police Chief Seltzer
requesting permission for Detective William Bruce to attend the 18th
Annual Western States Safe Burglary Investigators Conference in
Las Vegas, September 13, 14, and 15, 1967.
On motion by,Gisler, Council granted.permission.for Detective William
Bruce to attend the Western .States Safe Burglary Investigators Confer-
ence,. with reasonable expenses allowed. Motion carried.
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..CIGARETTE TAX
The City Administrator informed the Council that the State Cigarette
Tax is to become effective the first of October, and suggested the
Council instruct the City Attorney to possibly prepare an Ordinance
repealing the City's Cigarette Tax to comply with the State
Cigarette Tax to be effective October 1, 1967.
Councilman Gisler made a motion to direct the City Attorney to prepare
an Ordinance repealing the City's tax law, but the motion was
withdrawn before being.put to a vote.
On motion by Gisler, Council deferred this matter to the meeting
of September 5th, 1967. Motion carried.
FINANCIAL CONSULTANT - PARKING AUTHORITY
.The City Administrator informed the Council of the need -for a
financial consultant`to work with the staff and O'Melveny, and Myers
to establish the financial feasibility of the Parking Authority.
On motion by Bartlett, Council authorized the Adminstrator to execute
an agreement with Goodbody & Company;as financial consultants
for the Parking'Authority. Motion carried.
77- -/a
LEAGUE OF WOMEN VOTERS. - TOUR OF CITY.
On motion by Kaufman, Council authorized the City to sponsor a tour
on November 4, 1967, for the purpose of familiarizing the League of
Women Voters with the :activities of the Planning Department in the
City. Motion carried.
.CITY ADMINISTRATOR - OUT OF STATE
On motion by Kaufman, Council authorized the City Administrator to
be out of the State from October 8th through October 12th, 1967, to
attend the Conference of the International City Manager's Association
in New Orleans, with transportation and reasonable expenses allowed.
Motion carried.
PIER STUDY - EMPLOY KOEBIG & KOEBIG
On motion by Kaufman, Council, authorized the Mayor and City Clerk
to execute an agreement between the City and Koebig & Koebig for a
pier study, with costs to not exceed $7,500.00 Motion carried.
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Page # 16 u Minutes m August 21, 1967
ACTIVATION OF PARKING AUTHORITY
The City Attorney pointed out that under Section 32650 of the Streets
and Highways.Code a Parking Authority exists in each city in the state
but that under Section 32651 the authority shall not transact any business
or exercise any powers unless and until the City Council;by resolution)
declares that there is need.for the authority to function in the city,
The City Attorney also pointed out that the 'Parking Authority, once it
is so activated, is a public corporation separate and apart from the
,city itself; that ordinarily such Parking Authority is governed by a
body of seven members (which governing body is also called the Parking
Authority) appointed by the Mayor, with the approval of the City
Council, but that under Section 32661.1 of said Code the City Council,
as an alternate to the appointment of'a separate governing body, may
declare itself to be the Parking Authority, The City Council having
previously indicated that it desired to activate a Parking Authority
and to declare itself to be its governing body, the City Attorney then
presented a resolution designed to carry out these desires,
V
RESOLUTION NO,'2623 m ADOPTED m ESTABLISH PARKING AUTHORITY
The Clerk read Resolution No, 2623 by title - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE NEED FOR THE
PARKING AUTHORITY OF THE CITY OF HUNTINGTON BEACH TO FUNCTION IN SAID
CITY AND DECLARING SAID CITY COUNCIL 'TO BE SAID PARKING AUTHORITY,"
On motion.by Coen, Council waived further reading of Resolution No.
26.23, and passed and adopted.same by the following roll call vote:
AYES Councilmen: Coen, Bartlett, Gisler, Kaufman, Green
NOES- Councilmen: None
ABSENT: Councilmen: Stewart, Shipley
79
RECESS m PARKING AUTHORITY
Mayor Pro-Tem Green called a.recess of the Council at 1:23 A.M. for
the purpose of organizing itself as the Parking Authority.
The organization meeting of the City Council of the City of Huntington
Beach acting as the Parking Authority of the City of Huntington Beach
was held in the Council Chamber in Memorial Hall at the hour of 1:25 AeM,
with the Mayor in the Chair,
L ROLL CALL
Present: Members; Coen, Bartlett, Gisler, Kaufman, Green
Absent: Members- Stewart, Shipley
2. DESIGNATION OF CHAIRMAN
The City Attorney pointed out that Section 32658 of the Streets
and Highways Code provides that when a Parking Authority is activated
the Mayor shall designate the first chairman. On -the other hand,
where, under Section 32661.1 of said Code, the City Council declares
itself to be the Parking Authority it would be logical and convenient
for the Mayor to act also as the chairman of the 'Parking Authority,
particularly where regular meetings of the Authority are to be
fixed for the same times as regular Council meetings.
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Page # 17 Minutes —August 21, 1967
There being no objection from the members, the Mayor then designated
himself, as the Chairman of the Parking Authority of the City of
Huntington Beach and as such retained the chair.
The City Attorney then suggested that the first order of business
should be to fix the time and place for regular meetings of the
Authority, to appoint the necessary officers and to provide for use
by the Authority of services and facilities of city departments.
In this connection the City Attorney pointed out that Section 32812
of said Code provides that the Authority may use the services and
facilities of any department, office or agency of the City upon
such terms and conditions as may be approved by the Authority and
the City Council.
3. CONSIDERATION OF A RESOLUTION
The Secretary gave the following Resolution a reading by title:
RESOLUTION NO. 1
RESOLUTION OF THE PARKING AUTHORITY OF THE CITY
OF HUNTINGTON BEACH FIXING THE TIME AND PLACE
OF REGULAR MEETINGS, APPOINTING OFFICERS AND
PROVIDING FOR`USE OF SERVICES AND FACILITIES OF
CITY DEPARTMENTS.
The City Council of the City of Huntington Beach, acting as the
Parking Authority of the City of Huntington Beach, California, does
hereby resolve as follows:
Section 1. That .regular meetingsof said Parking.Authority
shall be held every first and third Monday of each month at the hour
of 4:30 o'clock P.M. in the Council Chambers in.the Memorial Hall,
Sixth and Pecan.in said City, and that in all respects meetings of said
Parking Authority shall be governed by and be in compliance with the
Ralph M. Brown Act (Sections 54950, et seq. of the Government Code
of the State of California). Except as otherwise provided in the
Parking Law of 1949, the rules of proceduresfor the City Council as
set forth in the Charter of said City shall also apply to the City
Council acting as the Parking Authority insofar as such rules can be
made applicable.
Section 2. That -pursuant to the designation previously made the
Mayor of said City said City shall act ex officio.as the Chairman of
said Authority.
Section 3. That the Vice -Mayor of said City shall act ex-officio
as the Vice -Chairman of said Authority.
Section 4. That the City Clerk of said City shall act ex-officio
as the Secretary of said Authority.
Section 5. That the City Treasurer of said City shall act ex
officio as the Treasurer of said Authority and she shall keep the moneys
of said Authority in the City Treasury but separate and apart from
moneys of the City.
Section 6. That the City Attorney shall act ex officio. as the
legal advisor to the Authority except that the Authority may employ
special counsel to handle specialized legal work. Such special
counsel shall co -operate -with and report to the City Attorney.
Page #19 - Minutes - August 21, 1967
The motion was passed by the following roll call vote:
AYES: Members: Coen, Bartlett, Gisler, Kaufman, Green.
NOES: Members: None
ABSENT: Members: Stewart, Shipley
5. AUTHORIZATION OF CONDEMNATION PROCEDURE
The City. Administrator pointed out to the Authority that the
parking program contemplated the acquisition of properties including
the railroad rights -of -way reversionary interests now owned by several
corporations. He stated that while it would be desirable to acquire
these properties by a negotiated purchase and sale, he felt at this
time it would be appropriate to authorize the institution of con-
demnation proceedings for the required properties in the event that
negotiations were not successful.
The City Attorney advised the Authority that it would be appro-
priate to adopt a resolution authorizing the condemnation proceeding
described by the City Administrator.
6. CONSIDERATION OF A.RESOLUTION
The Secretary gave the following Resolution a reading by title:
RESOLUTION NO. 2
RESOLUTION OF THE PARKING AUTHORITY OF THE
CITY OF HUNTINGTON BEACH AUTHORIZING THE
INITIATION OF CONDEMNATION PROCEEDINGS FOR
THE ACQUISITION OF CERTAIN REAL PROPERTIES
NECESSARY AND DESIRABLE FOR USE AS PUBLIC
PARKING LOTS FOR THE CITY OF HUNTINGTON
BEACH.
The City Council of the City of Huntington Beach, acting as the
Parking.Authority of the City of Huntington Beach, California, does
hereby resolve as follows:
Section 1.` That this Parking Authority does hereby find that
it is necessary and desirable in order to carry out the program of the
Parking Authority to acquire property within the City of Huntington
Beach and improve same in order that it may be used for public parking
purposes to acquire real property now owned by Southern Pacific
Railway Company as successor to Pacific Electric Railway Company;
and other persons and entities, said property being more specifically
described on Exhibit A attached hereto.
Section 2. That the City Administrator as the chief executive
officer of the Parking. Authority is hereby authorized to negotiate
for the acquisition of said property, said negotiations to be subject
to approval by this Authority.
Section 3. That the City Attorney as the legal advisor to the
Authority is authorized to initiate condemnation proceedings in the
name of the Authority for the acquisition of. said property in the
event that the negotiations referred to in Section 2 above shall
prove unsuccessful.
Page #21 —Minutes —August 21, 1967
On motion by Kaufman, the request of Mr. Ferm was referred to the
City Administrator to handle. Motion carried.
On motion by Kaufman, the regular meeting of the City Council of
the City of Huntington Beach adjourned to Monday evening, August 28,
1967 at 7:00 P.M. Motion carried.
� J
Paul C. J es
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
�/' �/' AV -
N. John V. V. Green
Mayor Pro Tem
ATTEST:
—, C ?45�"
Paul C. Jones City Clerk