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HomeMy WebLinkAbout1994-12-19MINUTES CITY COUNCIL/REDEVELOP MENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, December 19, 1994 Mayor Leipzig 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 COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Sullivan, Dettloff, Green, Garofalo ABSENT: Leipzig STUDY SESSION - MAXWELLS LEASE AND CONDEMNATION ACTION A communication to the Mayor and City Council via the City Administrator from Ron Hagan, Director of Community Services Department dated December 16, 1994 entitled Study Session on Maxwell's Status was distributed to the City Council. A communication was received and distributed to Council from the Community Services director dated December 16, 1994 regarding the Study Session on Maxwell's status. Staff reports were presented by Ron Hagan, Community Services Director, Melanie Fallon, Community Development Director and Fire. Chief Mike Dolder. Deficiencies in the Maxwell's building, current steps being taken as well as long term disposition of the building were subjects addressed by staff. Councilmember Bauer questioned the earthquake status of the building, and Ross Cranmer, Assistant Building Official, reported. Councilmember Bauer inquired as to the liability factor and discussion was held by Council and staff. Steve Zeno, Fifties Drive -In, Incorporated spoke regarding a lease on the building or first right of refusal. RECESS TO CLOSED SESSION OF CITY COUNCIUREDEVELOPMENT AGENCY Councilmember Silva requested the City Clerk to record his absence during the closed sessions dealing with the Orange County Bankruptcy as he would soon be sitting as a member of the Orange County Board of Supervisors, Second District. The Mayor called a recess of the City Council/Redevelopment Agency for the purpose of meeting in closed session of the City Council to consider the following closed session items: 2=1'7s Page 2 - Council/Agency Minutes - 12/19/94 Closed Session - City Council 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 County Of Orange, United States Bankruptcy Court Case No. Sa 9422272 - Orange County Investment Pool, United States Bankruptcy Court Case No. Sa 9422273. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(C) to confer with its City Attorney regarding pending litigation - Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation - Bolsa Chica Environmental Impact Report. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(C) to confer with its City Attorney regarding pending litigation - Council has decided to initiate or is deciding whether to initiate litigation - Appeal to settlement plan of distribution in Petroleum Product Antitrust Litigation. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(C) to confer with its City Attorney regarding pending litigation - Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation - Number of potential cases - one. Proposed settlement of claim of Anthony and Langford Architects for library expansion. (120.80) RECONVENE The Mayor reconvened the meeting of the City Council and Redevelopment Agency at 7:50 p.m. in the Council Chamber A videotape recording of this meeting is on file in the Office of the City Clerk FLAG CEREMONY, PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony, Pledge of Allegiance and Invocation was presented by the Huntington Beach Junior Guards, siblings of the 1994-95 Junior Guard Competition team. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo ABSENT: None 2,18 - Page 3 - Council/Agency Minutes - 12/19/94 PRESENTATIONS AND INTRODUCTIONS The following presentations and introductions were made: Presentation To Elks Lodge No. 1959 - For Donation Of Three Beach Wheelchairs Mayor Leipzig presented a plaque in appreciation and thanks to Huntington Beach Elks Lodge No. 1959 for their donation of $2,700 for three beach wheelchairs. Representing the Elks Lodge was Ron Shotwell, Exalted Ruler, and Bill Davis. Presentation To Men's Meadowlark Golf Club For Donation to Project Self -Sufficiency John Kempter, Men's Meadowlark Golf Club representative, presented the Mayor and City Councilmembers a check for $1,000 for Project Self Sufficiency. Introduction - H. B. Junior Guard Competitive Team David Simcox, Huntington Beach Junior Guard Coordinator, introduced the twenty-five (25) Junior Guards and their instructors who made up the Huntington Beach Junior Guard Competitive Team leaving for New Zealand Christmas Night to represent Huntington Beach. PRESENTATION BY THE CITY TREASURER REGARDING THE IMPACT OF THE "ORANGE COUNTY BANKRUPTCY" ON THE CITY'S INVESTMENT PORTFOLIO (310.10) The City Treasurer presented a report regarding the impact of the Orange County Bankruptcy on the City's investment portfolio. He reported that the County has hired Tom Hayes, former State Treasurer, Soloman Brothers, and others to help put together what has transpired on this fund and aid in the liquidation of the fund. PRESENTATION BY THE CITY ADMINISTRATOR REGARDING THE IMPACT OF THE "ORANGE COUNTY BANKRUPTCY" ON THE CITY'S BUDGET (310.10) The City Administrator presented a report using slides regarding the impact of the Orange County Bankruptcy on the city's budget. A copy of the slide presentation was distributed to Council from the Administration Department. Councilmember Garofalo requested information from the City Treasurer regarding the investment record since the city invested with the pool and the City Treasurer responded. Councilmember Garofalo inquired whether there were excess funds and if so the disposition and the City Treasurer reported. Councilmember Garofalo stated that he believed Council should champion state-wide legislation that local governments cannot depend on interest income to balance any government agency's budget. He proposed that a Committee of Advisors be appointed to work with the City Treasurer. He proposed collateral loans to local businesses and putting Certificates of Deposit in local financial institutions as safe investments for the city. 2-19 Page 4 - Council/Agency Minutes - 12/19/94 Further discussion was held by Council CITY CLERK'S ANNOUNCEMENT OF LATE COMMUNICATIONS REGARDING AGENDA ITEMS The City Clerk announced that the following communications had been received subsequent to delivery of the Agenda Packets and printing of the Council Agenda: Communication from Stan Hoffman, Stanley R. Hoffman Associates, dated October 27, 1994, pertaining to Bolsa Chica: Review of Updated City Fiscal Impact Analysis. Missing page from the backup material on the agenda item regarding the filling of the Council vacancy (December 21, 1991 Council minutes). Communications from Chuck Nelson, Amigos de Bolsa Chica President, and Robert Cunningham, Huntington Beach Chamber of Commerce Chairman, dated December 16, 1994 regarding the process of filling the Council vacancy. Communication from the Community Services director dated December 16, 1994 regarding the Study Session on Maxwell's status. Communication from Jim and Elyse Barrett dated December 19, 1994 stating concerns regarding the Huntington Central Park Equestrian Center fee increase. PUBLIC COMMENTS Mayor Leipzig announced that he will be holding office hours which are open to the public regarding their issues of concern on Fridays. Don Estrin, Christiana Bay Townhouses, protested the night time soccer at Harbour View School and spoke regarding the need to enforce the legal opinion of the City of Huntington Beach. Ray Manion, Huntington Harbour Estates Homeowner's Association, presented a communication titled "Huntington Harbour Cash Requirements". He addressed Council regarding their request for a city housing loan to assist in purchasing their park as he believed it meets HUD guidelines. Carolina Robles, Huntington Harbour Estates Homeowner's Board member, spoke regarding the percentage of park residents who received subsidize housing. James Scovie, Community Service .Group President, consultant helping the residents of Huntington Harbour Mobile Estates, spoke in support of the proposed purchase by residents of the Huntington Harbour Mobile Home Estates and stated resident purchase would decrease the rents and enhance the local community. Councilmember Silva requested a staff report regarding where the city has spent set -aside moneys in the past as he believes this would be a good way to expend the funds. 2 2'0 - Page 5 - Council/Agency Minutes - 12/19/94 Elyse Barrett addressed Council regarding the letter she had written to Council, announced by the City Clerk, on her concerns with the Agenda Item relative to the Huntington Central Park Equestrian Center increase in fees. Franzette Chandler and Jean Kimbrell spoke in opposition to the Huntington Central Park Equestrian Center fee increase. Bill Harris, National Equestrian Center representative, Huntington Central Park Equestrian Center concessionaires, gave reasons for the request for an increase in fees. Ken Wilkins, Huntington Terrace Homeowner's Association representative, presented a communication to Council dated December 8, 1994 written to the City Administrator by David Cohen, President, Harbour Pines Homeowners Association, requesting the Council to inform the School Board that the city will stand by the opinion of the City Attorney relative to the soccer lights at Harbour View School. Terri Osborn, Harbour Pines Homeowners Association representative, and David Cohen, Harbour Pines Homeowner's Association President, addressed Council in opposition to the soccer lights installation at Harbour View School. Bill Mello, Citizens Bureau of Investigation President, spoke in opposition to the appointment of the Director of Public Works as he did not believe he met the position qualifications. In response to a request by Mayor Leipzig, the City Administrator reported on the Director of Public Works qualifications. Topper Horack gave his opinion as to what the Council should look for in experience for the appointed City Council member. Nancy Harris, Bolsa Chica Land Trust member, presented her communication to Council dated November 21, 1994 in opposition to the County Environmental Impact Report for the Bolsa Chica. Bob Winchell, Huntington Beach Tomorrow President, urged Council approval of the Agenda Item recommending a staff report regarding the county's plan for the Bolsa Chica Environmental Impact Report. . Marcia Hanscom thanked Mayor Leipzig for his courage in representing the City in front of the Board of Supervisors regarding the Bolsa Chica. She spoke regarding persons who had persevered on environmental preservation matters such as the people at Point Reyes. She requested that Council meet their fiduciary responsibility. Jacqueline Gier-Lahti stated she was proud of the Mayor at the Board of Supervisors meeting. She stated that not one of the Supervisors had read the comments from the public. Chuck Nelson, Amigos de Bolsa Chica President, addressed Council and referred to the Amigos de Bolsa Chica communication dated December 16, 1994, announced earlier in the meeting by the City Clerk, offering their joint suggestion with the Chamber of Commerce to Council regarding the filling of the Council vacancy. 2, 21 Page 6 - Council/Agency Minutes - 12/19/94 Juana Mueller addressed Council and stated that she was disturbed about the fiscal impact on the city from the county's Bolsa Chica Environmental Impact Report. Eileen Murphy presented a communication from the United States Department of the Interior, Allen D. McReynolds, Special Assistant to the Secretary, clarifying the Department of the Interior's interest in Bolsa Chica. Flossie Horgan spoke regarding the fiscal analysis done by the city about the impact of the Bolsa Chica development dated September 30, 1994. She requested Council report to the citizens any arrangements made with the county regarding the Bolsa Chica. Jan D. Vandersloot, Bolsa Chica Land Trust representative, spoke in support of the request for a staff report regarding the financial impacts on the city from the county's plan for the Bolsa Chica and vote to protect the citizens of Huntington Beach. He spoke in support of the Bolsa Chica Planning Coalition Plan with provisions for the concept plan to be brought before the city Planning Department and the City of Huntington Beach. Robert Williams, Sierra Club Preserve Bolsa Chica Task Force representative, spoke in opposition to the development of the Bolsa Chica regarding the financial impact to the city, possible degradation of services to the residents, and traffic impact on Pacific Coast Highway. Teddi Alves spoke regarding the investment of city funds, elected representatives, and media coverage and presented a slide that she stated represented the median household income of residents of the city. She suggested the Council establish an Ad Hoc Committee for restructuring of this government and appoint a City Attorney and City Treasurer. Rudy Vietmeier, Sierra Club Bolsa Chica Task Force representative, spoke in support of preserving the Bolsa Chica area and the city pursuing every litigation possibility that is presented. Art Aviles spoke in opposition to the initiation of litigation on the Bolsa Chica Environmental Impact Report. He stated that the Koll Company has offered to negotiate with the city on points of issue. He requested that the city consider meeting with the Koll Company to negotiate before choosing litigation. Nancy Donaven spoke in support of the Mayor and the Administration who spoke at the county Board of Supervisors meeting. She spoke regarding a recent article in the Los Angeles Times newspaper called Commentary and stated incorrect information listed in the article. Councilmember Green stated that he wrote the article that Ms. Donaven referred to and that the information was based on report entitled Policy Before Planning - Solving California's Growth Problems Sierra Club California State of the State Report 1991. Jim Osborne spoke in opposition to the lights at Oakview School being left on all night and energy being wasted. He spoke in opposition to eighty-five (85) foot lights at another school and stated that it will reduce the value of the surrounding homes. Pat DeMars stated her opposition to litigation on the Orange County Bankruptcy as she believed it could be resolved by discussion. 222 Page 7 - Council/Agency Minutes - 12/19/94 Dian Keiser thanked Mayor Leipzig for representing the city at the Board of Supervisors meeting. She read from a letter from the U. S. Department of the Interior, Office of the Secretary, dated December 12, 1994 to Thomas Riley of the Orange County Board of Supervisors regarding their interest in protecting the Bolsa Chica area. RECESS -RECONVENE The Mayor called a recess of Council at 10:30 p.m. The meeting was reconvened at 10:40 p.m. (City Council) PUBLIC HEARING - RESOLUTION NO. 6660 - ADOPTED - MODIFYING CITY'S INTEGRATED WASTE MANAGEMENT PLAN BY ADDING NON -DISPOSAL FACILITY ELEMENT (810.60) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Non -Disposal Element, City Integrated Waste Management Plan APPLICANT: City of Huntington Beach LOCATION: City-wide REQUEST: Adopt Non -Disposal Element of the City Integrated Waste Management Plan ENVIRONMENTAL STATUS: Mitigated Negative Declaration No. 91-28, Adopted April 6, 1992 COASTAL STATUS: Not Applicable Legal notice as provided to the City. Clerk's Office by staff had been published and posted. No communications or written protests were received on the matter. The City Clerk presented Resolution No. 6660 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING THE CITY'S INTEGRATED WASTE MANAGEMENT PLAN BY ADDING THERETO A NON -DISPOSAL FACILITY ELEMENT." Pursuant to California Integrated Waste Management Act of 1989 mandating that every city divert twenty-five percent (25%) of its waste stream from land filling by 1995 and fifty percent (50%) of same by the year 2000. The Assistant City Administrator presented a staff report. Jim Sankey, Public Works Department Analyst Senior, at Councilmember Garofalo's request, addressed Council regarding the city's goals. Mayor Moulton -Patterson declared the public hearing open. There being no one further present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. 9 9 Q Page 8 - Council/Agency Minutes - 12/19/94 A motion was made by Garofalo, seconded by Green, to adopt Resolution No. 6660. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING THE CITY'S INTEGRATED WASTE MANAGEMENT PLAN BY ADDING THERETO A NON - DISPOSAL FACILITY ELEMENT." The motion carried by the following roll call vote: AYES: Silva, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) PUBLIC HEARING - CONTINUED OPEN FROM NOVEMBER 21, 1994 - RESOLUTION NO. 6647 - ORDERING THE VACATION OF PORTION OF CRYSTAL STREET NORTH OF GARFIELD - PUBLIC HEARING CONTINUED OPEN TO JANUARY 3, 1995 (800.50) The Mayor announced that this was the day and hour set for a public hearing pursuant to Resolution of Intent No. 6635, adopted October 3, 1994 to consider the vacation of a portion of Crystal Street north of Garfield Avenue. The City Clerk presented Resolution No. 6647 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF CRYSTAL STREET NORTH OF GARFIELD AVENUE." A motion was made by Sullivan, seconded by Dettloff, to continue the public hearing open to January 3, 1995. The motion carried by unanimous vote. CALL REGULAR MEETING OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY TO ORDER TO MEET JOINTLY WITH CITY COUNCIL (125.35) Mayor Leipzig called the regular meeting of the Huntington Beach Public Financing Authority to order. The Regular Meeting of the HBPFA is set by Resolution No. 2, adopted May 16, 1988 for the third Monday in December of each year. PUBLIC FINANCING AUTHORITY ROLL CALL PRESENT: Silva, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo ABSENT: None ELECTION OF OFFICERS - HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY - APPROVED A motion was made by Silva, seconded by Garofalo, to elect the following officers: Mayor Victor Leipzig - Chairman; Mayor Pro Tempore Dave Sullivan - Vice Chairman; and City Clerk Connie Brockway - Secretary. The motion carried by unanimous vote. 22.4 - Page 9 - Council/Agency Minutes-12/19/94 PUBLIC FINANCING AUTHORITY MINUTES - APPROVED AND ADOPTED A motion was made by Sullivan, seconded by Leipzig, to approve and adopt minutes of the regular meeting of the Huntington Beach Public Financing Authority of December 20, 1993 and the minutes of the special meeting held December 6, 1993 as written and on file in the Office of the Secretary. The motion carried by the following roll call vote: AYES: Silva, Bauer, Sullivan, Leipzig NOES: None ABSENT: None ABSTAIN: Dettloff, Green, Garofalo PUBLIC FINANCING AUTHORITY - ADJOURNMENT Mayor Leipzig adjourned the regular meeting of the Huntington Beach Public Financing Authority. CONSENT CALENDAR - ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Bauer) Maddy Act Local Appointive list. CONSENT CALENDAR - ITEMS APPROVED Councilmember Sullivan recorded a NO vote on the Agenda Item relative to Approval as to Fact of Lease Only - Abdelmuti Development Company. On motion by Green, second Dettloff, Council approved the following items as recommended by the following roll call vote: AYES: Silva, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council/Redevelopment Agency) MINUTES - APPROVED AND ADOPTED - Approved and adopted minutes of the Council/Agency regular meetings of September 26, 1994 as written and on file in the Office of the City Clerk and approved the corrected minutes of September 6, 1994. 22�5 Page 10 - Council/Agency Minutes - 12/19/94 (City Council) ASSIGNMENT OF CONVEYANCE OF PRODUCTION PAYMENT ROYALTY INTERESTS AGREEMENT - ANGUS PETROLEUM - SPRINGFIELD UNIT - ASSIGNMENT EFFECTIVE OCTOBER 16, 1992 - CONVEYANCE OF PRODUCTION PAYMENT ROYALTY INTEREST DATED MAY 10, 1989 - APPROVED (600.10) - Approved the Assignment of Conveyance of Production Payment Royalty Interests Agreement between Angus Petroleum and the city relating to royalties from Springfield Unit, Block 1804, of the Vista Del Mar Tract, Section 5 and authorized the City Administrator and City Clerk to sign and execute the Assignment of Conveyance of Production Payment Royalty Interests agreement. Assignment effective October 16, 1992 - Conveyance of Production Payment Royalty Interest dated May 10, 1989 - Assigns an existing production payment of $750,000, half to the City of Huntington Beach and half to Angus Petroleum. (City Council) HOLLY-SEACLIFF PROJECT MANAGER REIMBURSEMENT AGREEMENT - APPROVED (600.10) - Approved the Holly-Seacliff Project Manager Reimbursement Agreement as prepared by the City Attorney, between the city and Seacliff Partners for the term of August 22, 1994 through August 21, 1997, subject to mutual agreement by the City and Seacliff Partners. (City Council) LETTER OF INTENT TO APPLY FOR SIB 1082 AGENCY STATUS - UNIFIED HAZARDOUS WASTE AND MATERIALS MANAGEMENT PROGRAM - CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY - APPROVED (520.20) - Directed the Fire Chief to send a non -binding letter to the Secretary of the California Environmental Protection Agency indicating the city's intent to apply as a Certified Unified Program Agency for implementation of all Senate Bill 1082 program elements either as an individual agency or as a Joint Powers Authority. (City Council) AUTHORIZATION TO REJECT OR DENY CLAIMS ON BEHALF OF THE CITY COUNCIL - RESOLUTION NO. 6659 - ADOPTED (180.10) - Adopted Resolution No. 6659 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF HUNTINGTON BEACH AUTHORIZING THE RISK MANAGER ON BEHALF OF THE CITY COUNCIL TO ACT ON CLAIMS FILED PURSUANT TO GOVERNMENT CODE SECTIONS 900, ET SEQ." The resolution authorizes the City's Risk Manager instead of the City Clerk to Act on Claims on behalf of City Council. The City Clerk will continue to accept legal service. (City Council/Redevelopment Agency) CONSULTANT AGREEMENT - DOWNTOWN PLANNING PROCESS - MIKE ADAMS - WAIVER OF INSURANCE REQUIREMENTS - APPROVED (600.10) - Approved the Agreement for Consultant Services with Mike Adams to be employed as an independent contractor in the capacity of a special services advisor for the downtown planning process beginning February 27, 1995. This agreement also waives the insurance requirements of Resolution No. 6277 or any other city insurance resolution or ordinance, and shall not demand general or professional liability insurance or any certificates of insurance evidencing the same. 2.2 6 Page 11 - Council/Agency Minutes - 12/19/94 (Redevelopment Agency) APPROVAL AS TO FACT OF LEASE ONLY BETWEEN CORE HOLDINGS AND ABDELMUTI DEVELOPMENT COMPANY - OFFICE SPACE IN OCEANVIEW PROMENADE - MAIN -PIER REDEVELOPMENT PROJECT AREA (600.30) - Approved as to Fact of Lease only the lease between Core Holdings and Abdelmuti Development Company as summarized in the Basic Lease Provisions, Attachment No. 1 to the Request for Council Action dated December 19, 1994. This approval is as to the fact of the Lease only. COUNCILMEMBER SULLIVAN VOTED NO. (City Council) MADDY ACT LOCAL APPOINTIVE LIST - 1995 TERM EXPIRATION DATES - APPROVED (110.50) The City Clerk presented a communication from the City Clerk dated December 19, 1994 regarding Maddy Local Appointive List Act (1995 Term Expiration Dates). Councilmember Bauer recommended that Council review the procedure for informing applicants of their appointments or that their applications have been received. A motion was made by Bauer, seconded by Sullivan, to approve the list of boards, commissions and committees as listed in Attachment No. 1 to the Request for Council Action dated December 19, 1994 and directed the City Clerk to post the list at the official posting locations: Huntington Central Library, Civic Center, Main Street Library and courtesy postings at the Banning and Graham Library branches. The motion carried by unanimous vote. sty Council) STATUS OF CITY OF HUNTINGTON BEACH 1994-95 FISCAL YEAR BUDGET_- PROCESS TO AMEND CITY BUDGET - CONTINUED TO JANUARY 4, 1995 (320.20) The City Clerk presented a communication from the Deputy City Administrator, Administrative Services, outlining a process to consider/review amendments to the current year budget. Discussion was held regarding scheduling a meeting on budget issues. A motion was made by Bauer, seconded by Green, to schedule a special City Council meeting on Wednesday, January 4, 1995 at 6:30 p.m. unless otherwise specified. The motion carried by unanimous vote. Motion For Meeting To Proceed Past 11:00 P.M. - Approved On motion by Green, second Bauer, Council proceeded past the 11:00 p.m. deadline in order to finish the agenda. The motion carried by unanimous vote. (City Council) REQUEST BY HUNTINGTON CENTRAL PARK EQUESTRIAN CENTER FOR FEE INCREASES -APPROVED (600.35) The City Clerk presented a communication from the Community Services Director regarding the Huntington Central Park Equestrian Center concessionaire request for fee increases. - 2 27 Page 12 - Council/Agency Minutes - 12/19/94 A communication was received and distributed to Council from Jim and Elyse Barrett dated December 19, 1994 stating concerns regarding the Huntington Central Park Equestrian Center fee increase. A motion was made by Silva, seconded by Green, to approve the proposed fee increases as presented by the Huntington Central Park Equestrian Center concessionaire. The motion carried by unanimous vote. (City Council) CONTINUED FROM DECEMBER 5, 1994 - ORDINANCE NO. 3269 ADOPTED - STORAGE OF VEHICLE PARKED LESS THAN ONE HOUR (640.10) The City Clerk presented Ordinance No. 3269 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 5.66.135 OF CHAPTER 5.66 - VEHICLES PARKED LESS THAN ONE HOUR." Introduction approved on November 21, 1994. The Police Chief presented a staff report. Following a second reading by title, a motion was made by Sullivan, seconded by Silva, to adopt Ordinance No. 3269. The motion carried by the following roll call vote: AYES: Silva, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) ORDINANCE NO. 3273 ADOPTED - BURGLAR ALARMS (640.10) The City Clerk presented Ordinance No. 3273 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.56 OF THE MUNICIPAL CODE PERTAINING TO BURGLAR ALARMS." Public hearing held and introduction approved on December 5, 1994. The Police Chief reported. Following a second reading by title, a motion was.made by Garofalo, seconded by Dettloff, to adopt Ordinance No. 3273. The motion carried by the following roll call vote: AYES: Silva, Bauer, Sullivan, NOES: None ABSENT: None Leipzig, Dettloff, Green, Garofalo Page 13 - Council/Agency Minutes - 12/19/94 (City Council) ORDINANCE NO. 3272 INTRODUCTION APPROVED - CITY-WIDE SPEED LIMIT ORDINANCE - AREA BETWEEN WARNER AVENUE AND SPRINGDALE STREET TO BE REVIEWED (640.10) The City Clerk presented Ordinance No. 3272 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.12 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO SPEED LIMITS ON CITY STREETS." The ordinance amends speed limits on certain streets - raises speed limits on 9 (Nine) Streets, lowers speed limits on 2 (two) streets.) The Assistant City Administrator reported. Councilmember Garofalo spoke regarding the area between Warner Avenue and Springdale Street and the accidents which have occurred. He stated that he would like this area reviewed. Following a reading by title, a motion was made by Garofalo, seconded by Sullivan, to adopt Ordinance No. 3272. The motion carried by the following roll call vote: AYES: Silva, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None Motion To Take Action on Deferred Council Items Before New Council Items - Approved A motion was made by Garofalo, seconded by Green, to move the carry-over Council items from the December 5th meeting to preface the Council items of December 19th. Councilmember Green restated the motion "that the Council look at the deferred Council items as a matter of policy before new Council items". The motion carried by unanimous vote. (City Council) DEFERRED FROM DECEMBER 5, 1994 - PROPOSAL TO CREATE AN ECONOMIC DEVELOPMENT COMMISSION - STAFF TO RETURN WITH SPECIFIC PROPOSAL (110.10) Councilmember Garofalo spoke regarding the following motion he recommends for Council adoption: "Move that the City Council hereby directs staff to schedule for future City Council action a proposal to create an Economic Development Commission for the purpose of assisting staff in the retention, expansion and recruitment of businesses to the City of Huntington Beach. Working closely with Economic Development staff, the Commission members would meet with existing or new businesses to foster expansion and recruitment efforts and serve as a liaison between city officials and the business community." 2 2,,9 Page 14 - Council/Agency Minutes - 12/19/94 The proposed Economic Development Commission would consist of members from the following organizations as appointed by the Mayor: Mayor, two City Councilmembers, Chairman of the Chamber of Commerce, President of the Huntington Beach/Fountain Valley Association of Realtors, three Chief Executive Officers from companies within Huntington Beach. On motion by Garofalo, second Green, Council directed staff to come back with a more specific concrete proposal regarding the creation of an Economic Development body. Motion carried unanimously. (City Council) DEFERRED FROM DECEMBER 5, 1994 - PROPOSAL TO ESTABLISH AN ANNUAL BUSINESS MEETING BREAKFAST WITH PASTORS (120.10) Councilmember Garofalo clarified that it was his intent to establish an Annual Business Meeting Breakfast with all pastors of our varied community to take place each year at approximately the beginning of January. Mayor Leipzig stated that he would meet with Councilmember Garofalo to discuss scheduling a meeting. (City Council) - APPROVED APPLICATION PROCESS FOR SELECTION OF CITY COUNCIL VACANCY - APPROVED - COUNCIL COMMITTEE FORMED TO DEVELOP INTERVIEW QUESTIONS (120.40) A motion was made by Green, seconded by Garofalo, that Council discuss the Mayor's suggestions and look at ideas regarding the filling of the City Council vacancy. The motion carried unanimously. The City Clerk presented a communication from Mayor Leipzig dated December 19, 1994, regarding a process for filling the vacancy which will occur when Councilmember Silva resigns to take his seat as a member of the Orange County Board of Supervisors. The following communications were received and distributed to Council: Missing page from the backup material on the agenda item regarding the filling of the Council vacancy (December 21, 1991 Council minutes) and a communication from Chuck Nelson, Amigos de Bolsa Chica President, and Robert Cunningham, Huntington Beach Chamber of Commerce Chairman, dated December 16, 1994 regarding the process of filling the Council vacancy. Councilmember Dettloff stated that she believed the process followed by Council resulting in Councilmember Bauer's appointment was a good process. Councilmember Green believes a study session should be held due to the late hour and the need to take the comments of the Amigos de Bolsa Chica and the Chamber of Commerce contained in the Amigo's de Bolsa Chica letter announced earlier in the meeting. 2:3.0 Page 15 - Council/Agency Minutes - 12/19/94 A motion was made by Garofalo, second Green, that as of December 20, 1994 the applications for the Council vacancy will be available along with Council criteria for selection and that the process will terminate January 9, 1995. With interviews scheduled for January 17, 1995. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Silva (out of room) A committee of Mayor Leipzig, Councilmembers Green and Bauer was formed to formulate the interview questions. (City Council/Redevelopment Agency) DEFERRED FROM DECEMBER 5, 1994 - PROPOSAL TO RE -DESIGNATE REDEVELOPMENT COMMITTEE TO BE THE ECONOMIC DEVELOPMENT COMMITTEE -APPROVED (120.10) The City Clerk presented a proposal from Councilmember Leipzig that the City Council hereby re - designates the Redevelopment Committee of the City Council to be the Economic Development Committee to meet with staff on a bi-monthly basis to review all pending business development and redevelopment activities. The Economic Development Committee will consist of three City Council members as appointed by the Mayor. A motion was made Garofalo, seconded by Green, to rename the Redevelopment Committee to the Economic Development Committee. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Silva (out of room) (City Council) DEFERRED FROM DECEMBER 5, 1994 - COUNCIL LIAISON APPOINTMENTS - DEFERRED TO JANUARY 3, 1995 (120.20) Council assignments to the various city Boards, Commission and Committees and to the external bodies for which Huntington Beach has a City Council representation. Mayor Leipzig stated that tomorrow he would distribute a list of Council Liaison Appointments to Council. (City Council) REQUEST STAFF TO PREPARE WRITTEN RESPONSES TO THE FOLLOWING ITEMS REGARDING THE COUNTY'S PLAN FOR BOLSA CHICA ENVIRONMENTAL IMPACT REPORT - APPROVED (440.60) The City Clerk presented a communication dated December 13, 1994 from Councilmember Bauer requesting the appropriate staff to report on the following items, with regard to the county's plan for the Bolsa Chica Environmental Impact Report. 231 Page 16 - Council/Agency Minutes - 12/19/94 1. Impact of police service and financial implications. 2. Impact of fire prevention services and financial implications. 3. Impact and mitigation of traffic and financial implications. 4. Impact of supplying water. 5. General financial impact. 6. Nature of the developer agreement, its impact on the city, and its contrast with the Holly Seacliff Development Agreement. 7. Financial nexus between Bluff development and Wetlands restoration. 8. Input on the consequences of contesting the EIR, versus not contesting the EIR presented by Irwin, Jessup, and Cohen. A communication was received and distributed to Council from Stan Hoffman, Stanley R. Hoffman Associates, dated October 27, 1994, pertaining to Bolsa Chica: Review of Updated City Fiscal Impact Analysis. Extensive discussion was held regarding the feasibility of litigation to contest the Environmental Impact Report, cost of litigation, annexation proceedings, impacts on the community, and the county's unwillingness to discuss the issues. Councilmember Silva returned to the Council meeting at 12:40 a.m. The staff was directed to prepare written responses to Councilmember Bauer's questions (City Council) ANNOUNCEMENT OF PLANNING COMMISSION APPOINTMENT EFFECTIVE JANUARY 1, 1995 - TOM LIVENGOOD (110.20) Councilmember Dettloff announced the appointment of Tom Livengood as her representative on the Planning Commission effective January 1, 1995. (City Council) ANNOUNCEMENT OF PLANNING COMMISSION APPOINTMENT EFFECTIVE JANUARY 1, 1995 - HAYDEE TILLOTSON (110.20) Councilmember Green announced the appointment of Haydee Tillotson as his representative on the Planning Commission effective January 1, 1995. (City Council) DISCUSSION REGARDING LEGALITY OF ADOPTING AN UNBALANCED BUDGET .(320.20) Councilmember Green reported that he requested a legal opinion from the City Attorney regarding the adoption of an unbalanced budget and her response had been that an unbalanced budget can be adopted as long as there are reserves. He stated that Robert Franz, Deputy City Administrator, Administrative Services, stated that it was against current City Council policy to adopt a deficit budget. 232 Page 17 - Council/Agency Minutes - 12/19/94 (City Council) ANNOUNCEMENT OF PLANNING COMMISSION APPOINTMENT EFFECTIVE JANUARY 1, 1995 - FRED SPEAKER (110.20) Councilmember Garofalo announced the appointment of Fred Speaker as his representative to the Planning Commission, effective January 1, 1995. (City Council) MAXWELL'S RESTAURANT CONDEMNATION (650.30) The Mayor announced that the Maxwell's Restaurant condemnation was reported on during the 5:00 p.m. portion of the City Council meeting. (City Council) COUNCILMEMBER BAUER'S ITEMS REGARDING IMPACT OF ORANGE COUNTY FINANCIAL CRISIS ON CITY - DEFERRED TO JANUARY 3, 1995 (310.10) RECESS',TO CLOSED�SESSION,OE�CITY COUNCIUREDEVELOPMENT AGENCY - The Mayor called a recess of the City Council/Redevelopment Agency for the purpose of meeting in closed session of the City Council to consider the following closed session items: Closed Session - City Council pursuant to Government Code Section 54956.9(C) to confer with its City Attorney regarding pending litigation - Council has decided to initiate or is deciding whether to initiate litigation - Appeal to settlement plan of distribution in Petroleum Product Antitrust Litigation. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(C) to, -confer with its City Attorney cegardmg pending -litigation - Based on existing�facts-'and. cir:'cumstances the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation - Number of potential cases - one. Proposed settlement of claim of Anthony and Langford Architects for library expansion. (120.80) RECONVENE The Mayor reconvened the meeting of the City Council and Redevelopment Agency in the Council Chamber. Report of Closed Session Action - Appeal to Settlement Plan of Distribution in Petroleum Product Antitrust Litigation (120.80) The City Attorney reported on pending litigation that Council is deciding whether to initiate regarding the appeal to settlement plan of distribution in the Petroleum Product Antitrust Litigation stating that she had advised Council not to pursue the matter. s. 233 Page 18 - Council/Agency Minutes - 12/19/94 On motion by Sullivan, second Garofalo, Council approved the City Attorney's recommendation that the city not continue to pursue the appeal to Settlement Plan of Distribution in the Petroleum Product Antitrust Litigation. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Silva ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY Mayor Leipzig adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Tuesday, January 3, 1995 at 5:00 p.m., in Room B-8, Civic Center, Huntington Beach, California. ATTEST: City Clerk/Clerk i Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman 234,