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HomeMy WebLinkAbout1995-10-02 (8)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 6:30 P.M. - Council Chamber Huntington Beach, California Monday, October 2, 1995 Call To Order Mayor Pro Tempore Sullivan 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 Roll Call Present: Harman, Sullivan, Dettloff, Green, Garofalo Absent: Bauer, Leipzig Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency at 5:05 p.m. to consider the following closed session items: Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator, Ray Silver and/or Stephen Kohler, regarding negotiations with Jon Coultrup concerning the Coultrup Disposition and Development Agreement. Instructions will concern price and terms of payment. (400.50) 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 regarding the Orange County; U. S. Bankruptcy Court Case No. SA 94-22272 JR Administratively Consolidated with Case No. SA-94-22273 JR. (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 City of Huntington Beach v. Merrill Lynch Pierce Fenner and Smith, Incorporated et al. United States District Court Case No SACV95-189 LHM(EEX). (120.80) �51� Page 2 - City Council/Redevelopment Agency Minutes - 10/02/95 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 regarding the Orange County; U. S. Bankruptcy Court Case No. SA 94-22272 JR Administratively Consolidated with Case No. SA-94-22273 JR; Joint Agreement of the County of Orange, the Official Investment Pool Participants' Committee and each Option A Pool Participant for resolution of all claims against the County of Orange. (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 city v. McDonnell Douglas Corporation U. S. District Court Case No. SACV 94 29 LHM (RWRx). (120.80) Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with -its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding Labor Relations Matters - Meet and Confer with the following employee organizations: Marine Safety Officers' Association, Police Officers' Association, Police Management Association, Municipal Employees' Association, Management Employees' Organization, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association. (120.80) Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 6:45 p.m. in the Council Chambers. City Council/Redevelopment Agency Roll Call Present: Harman, Sullivan, Dettloff, Green, Garofalo Absent: Bauer, Leipzig Pledge of Allegiance The Pledge of Allegiance was led. by the Mayor. Community Outreach Meeting - October 14, 1995 - Huntington Central Library Talbert Room Mayor Pro Tern Sullivan announced forthcoming Community Outreach meeting (adjourned City Council meeting) to be held at the Huntington Central Library, in the Talbert Room, 7111 Talbert Avenue on Saturday, October 14, 1995 at 9:00 a.m. 517 Page 3 - Council/Agency Minutes - 10/02/95 Late Communications Announced By The City Clerk Pursuant to the Brown Act, the City Clerk announced the following late communication regarding agenda items which had been received following the distribution of the agenda: A, communication from S. B. Montgomerie, Golden Coast Taxicab Company owners, dated September 30, 1995 requesting continuation of the public hearing regarding the Certificate of Public Convenience and Necessity Investigation Public Comments Tom Lewis, T. L. C. Company representative, spoke regarding the city's responsibility to honor their operative agreement with TLC Company on the state beach until the year 2000. He stated objections to recent letters he had received from the city and which he believed had been provided to the Council and read portions to Council. Deputy City Attorney De La Loza informed Council that a report would be prepared on the matter. The City Administrator reported that this tissue had arisen last year and that a letter was sent by the city to TLC Company. He stated he would send a memo to Council. Rose L. Lewis, T. L. C. Company, addressed Council regarding violation of the lease stating that legal action would ensue if the letters are not rescinded. Bob Winchell spoke regarding the need for signal synchronization at Talbert Avenue and Beach Boulevard to conform to the Beach Boulevard Smart Street concept. He also informed Council that he had received a citizen inquiry asking why money generated by a surcharge on water rates that began several years ago, due to drought conditions, cannot be used to offset proposed water fees. He presented a letter to Council from Dianne Easterling and the Downtown Residents Association dated September 29, 1995 setting forth proposed changes to the outdoor dining license agreement and fee schedule. Stephen Daniel, representing the Downtown Business Association, referred to a recent newspaper article and requested that City Council inform the Downtown Business Association regarding the need to clean up the dirty side walks so they do not learn of problems through reading the newspaper. Councilman Garofalo requested Mr. Daniels to meet with the Economic Development Director and the City Administrator's office to develop a presentation to Council at a study session with the Downtown Business Association regarding what they perceive as the problems and solutions in the downtown area and their future plans. Page 4 - City Council/Redevelopment Agency Minutes - 10/02/95 Sandi Barry spoke regarding the change in the plans for her home made by the Urban West Community and the Community Development staff to require a glass block window in the bedroom. She requested under what ordinance this change to a bedroom window was allowed. The Community Development Director stated that the Community Development Department staff had met briefly with Ms. Barry today and that a report was being prepared by staff. Kevin Dedmon, Church 24/7 pastor, Theresa Dedmon, Church 24/7 pastor, Tom Roltsch, Tiffany Halavais, Chuck Anthony, Robert Rico, Church 24/7 representatives, and Steve Purdue, Church of the Coastland representative, Bruce Templeton, First Christian Church representative, Michael Boyer, Pacific Coast Community Church representative, Gary Watkins, Christ Presbyterian Church representative, Carrie Liddle, Calvary Chapel representative, and Ludwig Marrone, Citizens for Excellence in Government representative, spoke in support of the Church 24/7 regarding religious freedom, history of churches having meetings in homes, Church 24/7's community involvement. Testimony was given by speakers regarding the help given to them by the church. Kevin Dedmon, Church 24/7 pastor, presented two communications to Council as follows: a petition listing approximately 80 signatures in support of Kevin and Theresa Dedmon, pastors of the Church 24/7 and their constitutional rights to worship God in their home and a communication dated October 2, 1995 in support of Church 24/7 which included photographs of the neighborhood. Councilman Garofalo suggested that he and another member of Council, the City Administrator and the Community Development Director meet with these concerned people. The City Administrator requested the Community Development Director to report. The Community Development Director stated that both sides need to have their viewpoint heard. Councilmembers Green and Garofalo volunteered to meet with staff and the residents. Jeff Reardon presented his communication to Council dated October 2, 1995 which referred to his request made at the July 17, 1995 Council meeting for a delay in the adoption of certain municipal ordinances. He spoke in opposition to the proposed ordinances regarding picketing of private property, adults on school grounds, changing clothes in public rest rooms at the beach, and field sports in undesignated areas of the parks. Marie Palmer stated she was appalled and distressed at the articles written by the Citizens Bureau of Investigation suggesting that the Police Department be replaced by the Sheriff's Department. She questioned what CBI has done constructively for the city and what expertise they possess to make them an authority on city government. 519 Page 5 - Council/Agency Minutes - 10/02/95 Richard Wright, Huntington Beach Police Officers Association President, addressed Council regarding misinformation circulated about Police Department salaries and benefits. He stated that nowhere in the world was over -time counted as a part of the base salary. He stated that overtime was not voluntary and that it was required because the city does not have funds for more officers. He stated that the city has saved money by utilizing overtime and requested that the salary and benefit information be put in perspective. He referred to a slide of a police officers salary and challenged the City Council and media to print the entire story and not just the headlines. Ed Deuez, Huntington Beach Police Officers Association representative, presented slides of his W-2 form. He stated that his Rolls Royce package included him having been shot, beat - up, stabbed and run down by cars. He stated that he is required to work Thanksgiving, Christmas, Easter. and the Fourth of July. Mr. Deuez stated that overtime is saving millions of dollars as the city can not afford more police officers. He advised Council of the procedure used for the assignment of overtime. At the request of Councilman Garofalo, the Police Chief stated that a report regarding over- time had been prepared and would be distributed. He stated that Officer Deuez comments regarding overtime were correct. James Bridges spoke regarding the benefits the city contracting police services to the Orange County Sheriff's Department and private sector services. Councilwoman Dettloff stated that she was offended by statement presented by Mr. Bridges to have the bankrupt Sheriff's Department responsible for providing safety services to the Huntington Beach community. She stated she expected the information referred to by Mr. Bridges to be on her desk within the next week. Discussion was held between Councilman Garofalo and Mr. Bridges. Roy Richardson thanked Councilwoman Dettloff for her comments in opposition to statements made by James Bridges, Citizen's Bureau of Investigation representative, recommending that the city contract with the Sheriff's Department for Police Department services. He spoke in opposition to the Huntington Beach Independent, Orange County Register and Los Angeles Times Newspaper articles regarding the $100,000 club for city employees. He stated that the information was presented in a misleading manner and presented examples. He requested that when the city releases more employee salary information that it be presented correctly prior to public distribution. Richard Harlow spoke in opposition to the Citizens Bureau of Investigation comments criticizing the city. He stated that this is a fine city of which we should be very proud with a fine Police Department and good city employees. He stated that for Mr. Bridges to suggest that the Sheriff should be patrolling the city is outrageous and that it is time for the citizens to stand up and let Council know how they feel about the comments of the CBI. '' 0 Page 6 - City Council/Redevelopment Agency Minutes - 10/02/95 (City Council) City Administrator's Report - Helen Putnam Award And National Association Of Telecommunications Officers and Advisors Awards - To HBTV 3 (120.70) The City Administrator congratulated Richard Barnard, Deputy City Administrator, employees of the Public Information Office, and citizen volunteers for receiving two Helen Putnam Awards for excellence in broadcasting. He stated that the awards were for the Oakview Library Program and the Ambulance Program. The City Administrator announced that the city had received two other awards from the National Association of Telecommunications Officers and Advisors. He stated that HBTV3 received Second Place in the category of Community Event Coverage for the Public Works Open House Program and Third Place in the category of Excellence in. Governmental Programming with a station budget of under $500,000. (City Council) Introduction Of New Economic Development Director - David Biggs (120.70) The City Administrator introduced David Biggs, the new Economic Development Director for the city. (City Council) Salary And Benefit Information Report For The Press (700.10) The City Administrator stated that he believed the Huntington Beach Independent Newspaper had misinterpreted the salary information and that he had so informed the newspaper. He spoke regarding the different categories of information provided to the newspaper and stated that he is preparing a report showing salaries and gross earning in rank order and cost to the city. He informed Council that Richard Wright, Police Officers Association President, is correct in that the number of employees has been decreasing but the demand for service has increased. He stated that he would give a presentation regarding overtime at the next Council meeting. Councilman Sullivan stated he would like the report to contain a separate column for the portion of the city PERS payment percentage. 521 Page 7 - Council/Agency Minutes - 10/02/95 (City Council) Public Hearing - Continued Open From. August 7, 1995 - Golden Coast Cab Company - Certificate Of Public Convenience And Necessity Investigation And Recommendation - Approved Applicant Withdrawal Of Application And Re -Application At A Later Date (940.70) The Mayor announced that this was the meeting set for a public hearing continued open from August 7, 1995 to consider an application from Golden Coast Cab Company for a Certificate of Public Convenience and Necessity to operate a taxi cab business in the city. The applicant is Fernando Pulecio, dba Golden Coast Taxicab Company, and the proposed principal place of business is 12521 Lorna Street, Garden Grove, California 92641. Discussion was held by Council, Police Chief and Deputy City Attorney De La Loza regarding the letter requesting continuance. At the request of Councilman Green, the City Clerk confirmed that the signature on the letter requesting continuance was not the same name as on the Police Department report. A motion was made by Garofalo, seconded by Green, based on the assumption that the fax from New Zealand is representative of the new owner, to allow the applicant to withdraw his application and to re -apply at a date unspecified. The Mayor declared the public hearing open. The City Clerk presented a communication, announced earlier in the meeting, from S. B. Montgomerie, Golden Coast Taxicab Company owners, dated September 30, 1995 requesting continuation of the public hearing regarding the Certificate of Public Convenience and Necessity investigation. :There being no one present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk requested Deputy City Attorney De La Loza to clarify the motion. Deputy City Attorney De La Loza clarified the motion as follows: To allow the applicant to withdraw and to resubmit an application at the applicant's pleasure, based on the communication received dated September 30, 1995, and further based on the fact that the original applicant is not present. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer, Leipzig i.5 2 Page 8 - City Council/Redevelopment Agency Minutes - 10/02/95 (City Council) Public Hearing - Resolution No. 6715 - Fee For Use Of Public Right -Of -Way In The Downtown Area - Outdoor Dining - Continued To December 4, 1995 (340.20) The Mayor announced that this was the meeting set for public hearing to consider the following: APPLICANT: City of Huntington Beach REQUEST: To establish a fee, in the Downtown Specific Plan Area for use of public right-of- way, for outdoor dining by private business. LOCATION: Downtown Specific Plan Area COASTAL STATUS: Located in the non -appellate jurisdiction of the Coastal Zone Daryl Smith, Park, Tree, and Landscape Division Superintendent, presented a staff report. Councilman Harman questioned Mr. Smith regarding the prohibition relative to dogs and Mr. Smith explained that the provision was included because of a previous owner who had tied his own dog at the site, however, seeing eye dogs were the exception to the provision. Considerable discussion was held by Council and staff regarding the purpose of the proposed fee and the direction given by Council to staff on this issue approximately 15 months ago. Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Mayor declared the public hearing open. The City Clerk announced the following communication that had also been announced earlier in the meeting: A letter to Council from Dianne Easterling and the Downtown Residents Association dated September 29, 1995 with proposed changes to the outdoor dining license agreement and fee schedule. Bob Winchell spoke in support of outdoor dining if properly planned. He pointed out changes he recommended and referred to a communication from Dianne Easterling dated September 29, 1995. He requested that Council not proceed with this issue until these agreements mentioned in the letter were in place. Councilwoman Dettloff requested clarification from Mr. Winchell regarding areas of his concerns. Bob Winchell responded regarding the License Agreement, Rental Agreement and Conditional Use Permit process stating that the first two items need to be in place before the Conditional Use Permit process. 523 Page 9 - Council/Agency Minutes - 10/02/95 Phil Gallegos, downtown resident and business owner, stated that her business has been denied the right for the past four and a half years to serve outside on the public thoroughfare. She stated that her business would like the same considerations as the merchants on Main Street regarding fees and parking. Loretta Wolfe, Downtown Residents Association representative, presented the Association's recommendations for changes in the license agreement and fee schedule relative to outdoor dining. Discussion was held by Ms. Wolfe and Councilman Sullivan regarding public right-of-way and public property. Richard Harlow stated the property owners gave the city street easement and this should be clarified. He spoke regarding the history of the issue. He stated that if there is a committee meeting he would like proper notice to be issued. Michele Turner, Sugar Shack Cafe owner, stated that she is willing to pay the fee but asked Council not to make the fees so high so that people will not feel comfortable and welcome in the downtown area and that she hoped everyone would be happy. Mark Porter stated that the elimination of autos for the first two blocks on Main Street would avoid fuel odor and improve the ambiance. He clarified the right-of-way status which belongs in the public domain. He stated that this does not mean that the right-of-way would not be used but it is important to be aware of who owns the right-of-way. There being no one further to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Councilwoman Dettloff stated that she believed this hearing had raised many issues including legal issues that must be reviewed. A motion was made by Dettloff, seconded by Green, to continue decision to December 4, 1995 and to direct staff to put together a meeting of interested parties that is based on Council directions at the May 4, 1995 meeting, and to return to Council with answers including legal and economic ramifications for the downtown area. Councilman Harman stated that he would like to know how problems regarding loud music, low awnings, and public passageways would be addressed in the license agreement. He stated he was very much in favor of outdoor dining however he would like to see some rules and regulations as well as the issue of dogs in food areas addressed. He referred to Santa Monica and downtown Long Beach which are very successful and requested information as to what these cities charge. Also, whether every restaurant would have outdoor dining and would other shops such as surfboard shops have a right to put items out on the sidewalk. Councilman Harman stated that the Chamber of Commerce and Downtown Business Association needed to be consulted on their views. 524 Page 10 - City Council/Redevelopment Agency Minutes - 10/02/95 Councilman Garofalo stated that he believed 90% of the taxes and parking meter revenues in the downtown area are generated by outdoor dining and that solutions for cleanliness downtown should be met in a different way such as consideration of an assessment for all businesses. Request For Information Regarding Hearings Before The Zoning Administrator Councilman Sullivan questioned whether Council had directed that all Zoning Administrator hearings were to be held in the.evenings and requested that someone check the record in this regard. It was determined that the Chamber of Commerce, Downtown Business Association, Downtown Residents' Association and Huntington Beach Tomorrow should be involved in this issue. The original motion made by Dettloff, seconded by Green, carried by the following roll call vote: AYES: Harman, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer, Leipzig Recess - Reconvene The Mayor recessed the City Council and Redevelopment Agency meeting at 9:10 p.m. The meeting was reconvened at 9:20 p.m. in the Council Chambers. Consent Calendar - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Garofalo) Notice of Completion for T.L.S. Construction of the Oakview Branch Library. Consent Calendar - Items Approved On motion by Green, second Harman, Council approved the following items, as recommended by the following roll call vote: AYES: Harman, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer, Leipzig 525 Page 11 - Council/Agency Minutes - 10/02/95 (City Council/Redevelopment Agency) Minutes - Approved And Adopted - Approved and adopted minutes of the adjourned regular meetings of June 8, 1995, July 10, 1995, July 21, 1995 and regular meetings of July 17, 1995 and July 24, 1995 as written and on file in the Office of the City Clerk. (City Council) Notice Of Completion - R. J. Noble Company - Beach Boulevard Smart Street And Pavement Rehabilitation - Ellis Avenue To 1-405 Freeway - Stpin-5181(020) - CC-784 - Approved (600.50) - Accepted the street improvements completed by R. J. Noble Company at a final construction cost of $3,055,938.52, and authorized the City Clerk to file a Notice of Completion and instructed the City Clerk's office to execute the release for the five percent (5%) retention money after the normal thirty-five (35) day retention period, receipt of the Declaration of Satisfaction of Claims, Certificate of Compliance, and the required guarantee bond in the amount of 100% of the final cost and guaranteeing the improvements for a period of one year. (City Council) Alternate Commute Biennial Plan - South Coast Air Quality Management District - Reduction Of Air Pollution - Approved (700.20) - Approved the Alternate Commute Program (AQ AD 107) as submitted by the City Administrator. (City Council) Agreement - Zeiser Kling Consultants, Incorporated - Professional Geotechnical Engineering Consulting Services - Yorktown Avenue - CC-910 - Approved (600.10) - Approved staff's selection of Zeiser Kling Consultants, Incorporated (a Geotechnical Engineering Firm) to perform the work as outlined in the Request for Proposals for Professional Geotechnical Engineering Consulting Services dated July, 1995; and approved and authorized the Mayor and City Clerk to execute the agreement with Zeiser Kling Consultants, Incorporated and authorized the Public Works Director to expend $18,858 to cover contract costs of $16,418, estimated change orders of $1,640 and supplemental expenditures of $800. (City Council) Amendment No. 1 to Consultant Agreement - Liebert, Cassidy and Frierson - Legal Services - PERS Issue - Approved (600.10) - Approved and authorized the Mayor and City Clerk to execute Amendment No. 1 to the Agreement by and between the city and Liebert, Cassidy and Frierson, a Professional Corporation, for Labor Relations and Legal Services, dated August 7, 1995; appropriated $100,000 to the City Attorney's Legal Services Account No. E-AA-AT-130-40-5 to pay Liebert, Cassidy and Frierson for legal services as provided by an agreement approved by the City Council on August 7, 1995 and in the proposed Amendment No. 1 to the Liebert, Cassidy and Frierson's Agreement; and approved payment to Liebert, Cassidy and Frierson for legal services incurred in advising the City Council directly on the PERS (Public Employee Retirement System) issues. 526 Page 12 - City Council/Redevelopment Agency Minutes - 10/02/95 (City Council) Notice of Completion - T.L.S. Construction - Oakview Branch Library - CC- 874 -Approved (600.80) The City Council considered the agenda communication from the Library Services Director, Acting Economic Development Director and Public Works Director dated October 2, 1995 regarding the Notice of Completion for the Oakview Branch Library, CC-874. Councilman Garofalo questioned what the contingency plan will be to continue operation of the Branch should sources of funds not be available. The Library Services Director stated that the two positions' can assist in the operation on a daily basis and to secure volunteers. He stated that if need be he would again restructure the department to accommodate such a problem. He stated that this is a very important program. A motion was made by Garofalo, seconded by Green, to accept the improvements for the Oakview Branch Library by T.L.S. Construction for the construction of the Oakview Branch Library for a total construction cost of $248,257.80 and authorized the City Clerk to file the Notice of Completion, CC-874. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer, Leipzig (City Council/Redevelopment Agency) Redevelopment Agency Operative Agreements for 1994/95 - Main Pier - Talbert/Beach Oakview - Yorktown/Lake - Huntington Center Redevelopment Project Areas - Approved (600.30) The City Council considered the agenda communication from the Deputy City Administrator of Administrative Services stating the Redevelopment Agency of the city incurs debt in order to receive tax increment revenue. The Agency is also required to file an annual statement to document this debt with the County of Orange Auditor/Controller by October 1, 1995. This statement is also needed for audit purposes as well as to keep the City Council informed of the changes in the debt owed to the city by the Redevelopment Agency. Deputy City Administrator Franz presented a staff report using slides regarding the tax increment revenue, Agency debts, assets, repayment of debts and Operative Agreement Amendments. Mr. Franz reported on the repayment provision at the request of Councilwoman Dettloff and stated that the Redevelopment Agency debt to the city was not expected to be repaid unless the city experiences conditions such as in the 1980's, the city would be protected to receive the funds. In response to questions by Councilman Sullivan question, he reported regarding interest accrual and the Hoover/Gothard Extension. Councilman Sullivan cited for the record that at this point his general feeling was not to be in favor of classifying the $55,000,000 Redevelopment Agency debt to the city as un-collectable. 527, Page 13 - Council/Agency Minutes-10102/95 A motion was made by Garofalo, seconded by Green, for the City Council/Redevelopment Agency to approve the following Operative Agreement Amendments for fiscal year 1994/95: Amendment Increased Number (Decreased) Debt to June 30th, 1995 Increased Total (Decreased) Increased Debt (Decreased) July 1st to Debt September 30th 1995 Main Pier 14 569,271 190,424 759,695 Talbert/Beach 14 158,393 52,798 211,190 Oakview 14 (285,309) 29,897 (255,412) Yorktown/Lake 13 56,763 18,921 75,684 Huntington 13 (849,888) 5,025,037 4,175,149 Center Total The motion carried by the following roll call vote: AYES: Harman, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer, Leipzig (City Council) Inter -Governmental Service Agreement - City Of Seal Beach - Collection/Disposal Of Hazardous Materials - Approved As Amended (600.10) The City Council considered the agenda communication from the Public Works Director informing Council that the City of Seal Beach is requesting Huntington Beach staff to collect and dispose of hazardous materials spilled in Seal Beach from November 1, 1995 to December 31, 1996. A motion was made by Garofalo, seconded by Green, to approve and authorize the Mayor and City Clerk to execute the Inter -Governmental Service Agreement as amended between the city and the City of Seal Beach to Collect and Dispose of Hazardous Materials. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer, Leipzig Page 14 - City Council/Redevelopment Agency Minutes - 10/02/95 (City Council) Surf City Corporate Partnership With Simple Green - 1995-96 Adopt -A - Beach Program -Approved (245.10) The City Council considered the agenda communication from the Community Services Director regarding the 1995-96 corporate partnership program with Simple Green for the "Surf City" Adopt -A -Beach Program. Bill Fowler, Superintendent of Recreation and Human .Services Division, presented a staff report. A motion was made by Harman, seconded by Dettloff, to approve the 1995-96 "Surf City" Adopt -A -Beach corporate partnership program with Simple Green as set forth on Page No. 2 of the Request For Council Action dated October 2, 1995. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer, Leipzig Councilman Sullivan stated that the last two items are good examples of the city being entrepreneurial by marketing services to other cities and the public/private partnership with Simple Green. (City Council) Amendment No. 2 To Agreement - George Dalton And Associates - Legal Services - City vs McDonnell Douglas - Approved The City Council considered the agenda communication from the City Attorney requesting approval of $125,000 for George Dalton and Associates for legal services for the city v. McDonnell Douglas, U. S. District Court Case No. SA CV94-29. Deputy City Attorney De La Loza informed Council that this agreement had been reviewed by the Council Legal Affairs Committee. A motion was made by Harman, seconded by Green, to approve and authorize the Mayor and City Clerk to execute Supplemental Agreement No. 2 to the Agreement dated March 14, 1995 by and between the city and George Dalton and Associates to assist with Huntington Beach v. McDonnell Douglas, et al. and appropriate $125,000 from the Equipment Replacement Fund to cover legal fees and costs. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer, Leipzig 529 Page 15 - Council/Agency Minutes - 10/02/95 (City Council) Adopted Ordinance No. 3302 - Authorizes The Establishment Of Capital Facilities Charge - Water Fee - To Be Reconsidered On October 16, 1995 (320.20) The City Council considered the agenda communication regarding Ordinance No. 3298 for Council adoption. The public hearing and introduction were approved on September 18, 1995. Motion To Adopt Ordinance No. 3302 - Capital Facilities Charge Water Fee - Failed For Lack Of Four Votes A motion was made by Green, seconded by Harman, to adopt Ordinance No. 3302 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 14.12 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 14.12.010 AND 14.12.040." The motion carried by the following roll call vote: AYES: Harman, Dettloff, Green NOES: Sullivan, Garofalo ABSENT: Bauer, Leipzig Discussion was held by Council. A motion was made by Sullivan, seconded by Garofalo, to reconsider the Capital Facilities Charge at the next meeting with a full Council. The motion carried by the following roll call vote: I AYES: Harman, Sullivan, Green, Garofalo NOES: Dettloff ABSENT: Bauer, Leipzig (City Council) Letter To Governor Wilson - Restore The Point Of Sale For Automobiles Leased From Dealers In The Community - Approved As Amended Councilman Sullivarra?resented to Council a proposed letter addressed to Governor Wilson dated .September 13; _1.995 in support of Senate Bill 602 (Wright) to restore the point of sale for automobiles leased from dealers in the community. Motion That The Need To Take Action On Senate Bill 602 Arose After The Posting Of The Agenda - Approved A motion was made by Sullivan, seconded by Green, that the need to take action on Senate Bill 602 arose after the posting of the agenda. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer, Leipzig 530 Page 16 - City Council/Redevelopment Agency Minutes - 10/02/95 Councilman Garofalo spoke in opposition to letters being sent to governmental agencies which have not been approved by the full Council. A motion was made by Sullivan, seconded by Green, that the Council by unanimous vote sends a letter to Governor Wilson in support of Senate Bill 602 (Wright) to restore the point of sale for automobiles leased from dealers in the community. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer, Leipzig ADJOURNMENT - CITY COUNCUREDEVELOPMENT AGENCY Mayor Pro Tern Sullivan adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 11:00 p.m. to Saturday, October 14, 1995 at 9:00 a.m. at the Huntington Central Library, in the Talbert Room, 7111 Talbert Avenue, Huntington Beach, California. ATTEST: City Clerk/Clerk 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 Mayor/Chairman 531