The URL can be used to link to this page

Home My WebLink About1995-05-12MINUTES CITY COUNCILIREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Friday, May 12, 1995 A videotape recording of this meeting is on file in the Office of the City Clerk Mayor Leipzig called the adjourned regular meetings of the City Council and Redevelopment Agency of the City of Huntington Beach to order at 2:00 p.m. in Room B-8, Civic Center. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo ABSENT: None Communication From City Administrator Reoardina City Administrator's Abstention From Participation In All Closed Sessions Relative to the City of Huntinciton Beach v. Merrill Lynch Pierce Fenner and Smith The City Administrator distributed a memorandum to Council he had written dated May 12, 1995 regarding his past abstention and continued abstention from attendance at all closed sessions of the City Council regarding City of Huntington Beach v. Merrill Lynch Pierce Fenner and Smith, due to the fact that his son was employed by that firm. CLOSED SESSION The following closed sessions were called to consider: Closed Session - City Council pursuant to Government Code Section 54955.9(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 City Of Huntington Beach v. Merrill Lynch Pierce Fenner and Smith, Incorporated et al. United States District Court Case No. Sacv 95-189 Lhm(Eex). (120.80) 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 in regarding to Orange County; U.S. Bankruptcy Court Case No. Sa 94-22272 Jr administratively consolidated with Case No. Sa-94-22273 Jr. (120.80) 249 Page 2 - Council/Agency Minutes - 05/12/95 RECONVENE The Mayor reconvened the meetings of the City Council and Redevelopment Agency in the Council Chamber at 4:00 p.m. PUBLIC COMMENTS There was no one present to address Council. Motion For Need To Take Action On Modifications To The Orange County Bankruptcy Comprehensive Settlement Agreement Pursuant To Government Code Section 54954.2(b)(2) - Approved Deputy City Attorney De La Loza informed Council that following Monday's meeting regarding the Comprehensive Settlement Agreement in the Orange County Bankruptcy Case, the City Attorney's Office had been given a letter dated May 5, 1995 from Patrick Shea, Pillsbury, Madison and Sutra, Attorneys at Law, which indicated that there were several pages in the Comprehensive Settlement Agreement that contained modifications. Deputy City Attorney De La Loza stated that together with that letter was an announcement of the deadline today of 5:00 p.m. He stated that this was the first opportunity to present the modifications to the City Council and he was requesting that Council take a vote to find that the need to take action arose after the posting of the Agenda. On motion by Sullivan, second Green, Council made a determination that the need to take action on the issue of the Orange County Bankruptcy Comprehensive Settlement Agreement arose subsequent to the agenda being posted as specified in Government Code Section 54954.2(b)(2). The motion carried unanimously. (City Council) MODIFICATIONS TO THE ORANGE COUNTY BANKRUPTCY COMPREHENSIVE SETTLEMENT AGREEMENT - APPROVED - LETTER FROM PILLSBURY, MADISON AND SUTRO A communication had been provided to Council from the City Attorney regarding whether to approve the modifications to the Orange County Bankruptcy Comprehensive Settlement Agreement. Deputy City De La Loza reviewed the proposed changes to the Settlement Agreement which had been provided to Council. He stated for the record that Page No. S is in the City Attorney's Office view the most significant change. He reviewed the significance of the substitution at the top of the page (the third fu11 line) which refers to Section I I G rather than Section I IF and stated its relevance because it explains what constitutes litigation proceeds relative to Option A takers. He reported further on the significance of the change. 250 Page 3 - Council/Agency Minutes - 05/12/95 A motion was made by Leipzig, second Green, that Council approve modifications to the text of the County Settlement Agreement as recommended by Patrick Shea, Pool Participants Committee Attorney, and authorize the Mayor and City Cleric to execute Page No. 3 of the May 5, 1995 letter from Patrick Shea consenting to the modifications so that it can be transmitted immediately. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None Deputy City Attorney De La Loza stated that he wished the record to reflect that he is handing the Mayor the Consent to Modifications for his immediate signature and then the City can send its courier to the Costa Mesa Offices forthwith. (City Council) ORANGE COUNTY BANKRUPTCY - SELECTION BY THE CITY OF SETTLEMENT OPTION A OR OPTION B - CONTINUED TO MAY 15, 1995 Mayor Leipzig announced that Council in closed session had determined that Council consideration of the selection by the city of Settlement Option A or B relative to the Orange County Bankruptcy Agreement would be continued to the May 15, 1995 Council meeting and that no action would be taken by Council at this meeting. The City Administrator stated that this matter would be carried forward to the May 15, 1995 Agenda for consideration in open session for a vote of Council. Mayor Leipzig requested to be excused from the remainder of the City Council meeting. (CITY COUNCIL) INITIAL CONTRACT FIRE SERVICES PROPOSAL TO THE CITY OF WESTMINSTER AUTHORIZED BY CITY COUNCIL The City Clerk presented a communication from the Fire Chief regarding the request for proposals issued by the City of Westminster for provision of contract fire services to their city. Tom Huntley, Fire Department Division Chief/Operations Officer, presented a slide report and made an extensive presentation to Council regarding the City of Huntington Beach Initial Contract Fire Services Proposal to the City of Westminster. He stated that the Fire Department was recommending Alte ative No. 1. Discussio . ,. ash " e iN Chief Huntley and Court.piC-re�at'ding aspe6ts of e proposed alt tiv and how t of Huntington Beach would benefit, the effects such as if the Orange County Fire Authority received the bid award, the current Joint -Powers Agreements between cities and absorption of their employees. Councilmember Bauer presented questions regarding political problems in Westminster relative to the Westminster Fire Department and the Westminster City Council. 251 Page 4 - Council/Agency Minutes - 05112I95 Tom Shaw, Fire Captain Gothard Station, reviewed our city's history between the Fireman's Association and Management which had developed to professional status. He stated the Huntington Beach Fire Department has been involved from the beginning and wanted the Westminster Fire Department to assume the culture of the Huntington Beach Fire Department. Councilmember Garofalo presented several questions regarding personnel, paramedics, coverage and what he perceived to be the Orange County Fire Authority not being a good choice. Richard Kaump, FireMed Coordinator, reported on revenue procedures, including membership in Fire-Med and billing mechanism. The City Administrator stated that following the selection he believed the actual contract would be refined and negotiated. The Deputy City Attorney Sangster answered Councilmember Harman's question regarding how binding the proposal is. The City Administrator reported on the two tiering of employees in response to Councilmember Sullivan. He stated that he would meet with the City Attorney and return with a response to Council on Monday. ADJOURNMENT - CITY COUNCILIREDEVELOPM ENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, May 15, 1995 at 5:00 p.m. in the Council Chamber, Civic Center, Huntington Beach, California. ATTEST: .r4m,F46p,` City Clerk/Clerk 252 Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California !oo �� Mayor/Chairman