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HomeMy WebLinkAbout1996-01-03MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Tuesday, January 3, 1995 Mayor Pro Tempore Sullivan called the special meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 4:30 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo ABSENT: None The City Clerk read the "Special Meeting Notice" Required by the Brown Act in order to allow the City Council to meet at 4:30 p.m. rather than the previously announced time of 5:00 p.m. CALL FOR SPECIAL MEETING Q HUNTINGTON BEACH CITY COUNCIL Victor Leipzig, Mayor Dave Sullivan, Councilmember Ralph Bauer, Councilmember Shirley Dettloff, Councilmember Peter Green, Councilmember Dave Garofalo, Councilmember You are hereby notified of a Special Meeting of the Huntington Beach City Council on Tuesday, January 3, 1995 at 4:30 p.m., in room B-8 for the purpose of meeting (one half hour before the previously announced meeting time of 5:00 p.m.) to begin the Closed Session Re: the Orange County Bankruptcy Case - 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 U. S. Bankruptcy Court Case # SA 94-22272 JR Administratively Consolidated with Case # SA-94-22273 JR. Dated: December 29, 1994 /s/ Victor Leipzig Mayor 02 Page 2 - Council/Agency Minutes - 01/03/95 ATTEST: Is/ Connie Brockway City Clerk I hereby certify that I received the above notice, "Call for Special Meeting of the City Council' prior to 4:30 p.m., on Monday, January 2, 1995. /s/ Victor Leipzig Mayor RECESS The Mayor called a recess of the City Council and Redevelopment Agency. CLOSED SESSION Closed Session - (City Council) Orange County Bankruptcy Case - 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 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) Potential litigation - City v. PERS - pursuant to Government Code Section 54956.9(C) - Number of potential cases 1. (120.80) Closed Session - (City Council) Status report - American Trader Oil Spill Litigation - 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 State of California v. BP America, et al. - Orange County Superior Court Case No. 84 63 39. (120.80) RECONVENE The Mayor reconvened the meeting of the City Council and Redevelopment Agency in the Council Chamber at 6:30 p.m. A videotape recording of this meeting is on file in the Office of the City Clerk 03 Page 3 - Council/Agency Minutes - 01/03/95 CITY COUNCWREDEVELOPMENT AGENCY ROLL CALL PRESENT: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo ABSENT: None FLAG CEREMONY, PLEDGE OF ALLEGIANCE AND INVOCATION: The Flag Ceremony, Pledge of Allegiance and Invocations were presented by Boy Scout Troop 227, sponsored by St. Bonaventure Men's Club. FAREWELL ADDRESS BY ORANGE COUNTY SUPERVISOR JIM SILVA Jim Silva, former City Councilmember and current Orange County Supervisor for the Second District, thanked everyone for their kind cards and letters about Arlene Hoffman, Secretary, Second District Office, who was murdered in her home. He stated that behind every good Council person is a mate and he introduced his wife, Connie, in the audience. He stated that there were good times on the City Council such as the Children's Wing of the Library and Redevelopment of the downtown and sad times such as the oil spill and now the county financial crisis. He stated that today at the county he met with attorneys, accountants and bond brokers all day long and the news does not look good. He stated his concern is for the school districts and cities that have money invested in the fund. He pledged to the Council that he would do everything he can to get the money returned and the cities and school districts made whole. He spoke regarding the number of hours that are required of a City Councilmember and Mayor and spoke in support of a full-time City Council where people would be able to devote more time to city business and not have to maintain a full-time job. He stated that the County will be restructuring the government. COMMENDATION TO JIM SILVA ORANGE COUNTY SUPERVISOR - SECOND DISTRICT Mayor Leipzig presented a commendation to Orange County Supervisor of the Second District, Jim Silva, for his years of service to the residents of Huntington Beach as a Huntington Beach City Councilmember. PRESENTATION - EMPLOYEE SUGGESTION AWARD - ROBERT TAYLOR LEADWORKER - WATER DIVISION PUBLIC WORKS DEPARTMENT Mayor Leipzig and Vic Morris, Personnel Services Coordinator, presented a commendation to Robert Taylor, Leadworker, Water Division, Public Works Department of a plaque and a check in the amount of $615.80 for an Employee Suggestion of purchasing welding bottles rather than renting them with a cost savings to the city of $6,158 per year. MR Page 4 - Council/Agency Minutes - 01/03/95 PUBLIC COMMENTS AND LATE COMMUNICATIONS ANNOUNCED BY CITY CLERK The City Clerk announced the following communications received and distributed to Council from Jim Otterson, Traffic Engineer, dated January 3, 1995 informing Council that the Transportation Commission voted unanimously to approve the vacation of a portion of Crystal Street on the northwest comer of the existing intersection of Crystal Street and Garfield Avenue; the City Administrator dated January 3, 1995 regarding the County of Orange conditions of approval for the Bolsa Chica LCP and city's Principles for Development of Bolsa Chica; Bob Winchell, Huntington Beach Tomorrow President, dated January 1, 1995 and January 3, 1995 regarding the Bolsa Chica development plan, Gail Hutton, City Attorney, dated January 3, 1995 pertaining to services and fees of Poppin and Shier, Special Bankruptcy Counsel; and Dan Villella, Finance Director, dated December 29, 1994 transmitting the Fiscal Impact Statement for the agreement with the law firm of Poppin and Shier. A communication was received and distributed to Council from Bill Mello, Director of the Citizens Bureau of Investigation, requesting to address Council regarding arguments against hiring a non- technical Public Works Director. (160.30) A memorandum was received and distributed to Council from the Personnel Director dated December 28, 1994 regarding recruitment of the Public Works Director. Mary Hodge and Betty Hendrix, Ocean View Estates representatives, asked for help from the City Council to get escrow completed, title to their mobile homes and a twenty-five year lease or site rental agreement. Ms. Hendrix spoke regarding a bill she received from the Orange County Assessor's Office. Art DeLaLoza, Deputy City Attorney, reported regarding the property tax issue and litigation involving Performance Mobile Homes and Tiffany Escrow Company. George spoke regarding the city hiring freeze and stated that new people are being hired by the City Administrator. He spoke in opposition to giving tax dollars to the county and closed sessions being held regarding the bankruptcy. Bill Ward spoke in opposition to hiring a Public Works Director who is not a licensed Professional Engineer; regarding technical people reporting to non -technical people and stated that, if there is a disagreement between the engineer singing off and his director, the Director has to sign off and he is responsible. Grace Mello, Les Berriman, Long Pham, American Society of Mechanical Engineers of Orange County Chairman, Jim Rems and Wayne King spoke in opposition to hiring a Public Works Director who is not a licensed Professional Engineer regarding the lowering of job standards, a possible violation of Section 6700 of the California Business and Professional Code and in support of written or oral examinations required to be a licensed engineer. Bill Mello spoke in opposition to hiring a Public Works Director that is not a licensed Professional Engineer. He gave information regarding cities where the Public Works Director was employed prior to Huntington Beach. He stated that when the Public Works Director was at the City of Coronado, he reported to the Assistant City Administrator of Huntington Beach. He stated that it was not a fair recruitment and could compromise the public safety of the city. 05 Page 5 - Council/Agency Minutes - 01103195 Mayor Leipzig reported that he was informed that Mr. Jones was not a Professional Engineer, and referred to a letter, faxed to the city in support of the selection process used and the appointee selected, from the City Engineer for the City of Bakersfield, a member of the panel of experts who was brought in to assess candidates for this position. Duane Dishno, Huntington Beach City School District Superintendent, spoke in support of legal action against the County of Orange for insufficiencies in the Environmental Impact Report for the Bolsa Chica Project because the city and its school districts need to protect the interests of the citizens of the city. He stated that the costs of future services for the citizens of the Boisa Chica have not been mitigated. Mike Bogen, and Chauncey Alexander spoke in opposition to the impacts of the Bolsa Chica Development on the city regarding hidden expenses to the water and school system. He asked if the agreement binds future land owners and- if the city can enforce the conditions in the agreement relative to the proposed tidal inlet construction and restoration of the wetlands. Jeff Metzel, Jr., Huntington Seacliff Homeowners' Association representative, spoke in opposition to the impact of the Bolsa Chica Development on the city's water supply. He stated that Orange County should be made to supply water to the Koll Company Project and keep the city out of it as the city has its own problems. Paul Govindan spoke in opposition to hiring a Public Works Director who is not a licensed Professional Engineer. He requested that City Administration put in writing the rational basis for their decision to change from hiring a Civil Engineer with ten years experience as a minimum to someone with the qualification of public administration. Grace Winchell urged Council to initiate legal action against the county as it is Council's responsibility to protect the city and its citizens. She urged that the EIR be challenged; that the fiscal impact was too serious to have the city able to rely only on the good will of the county. Norma Brandel Gibbs, Jacqueline Geier -Lahti, Bolsa Chica Land Trust representative, Paul Slavik, Juana Mueller, Rudy Vietmeier, Sierra Club Bolsa Chica Task Force President, Vi Cowden, Bill Gregory, Surfrider Foundation representative, Nancy Donaven, Bolsa Chica Land Trust representative, Marcia Hanscom, Bruce Monroe, Sierra Club Preserve Bolsa Chica Task Force representative, Connie Boardman, Bolsa Chica Land Trust President, John Fisher, Budget Task Force representative, ,fill Hardy, Mark Porter, Loretta Wolfe, and Diane Easterling, Huntington Beach Tomorrow representatives, and Sally Alexander spoke in support of the city filing legal action against the County of Orange to safeguard the city's position due to the inadequate Environmental Impact Report and negative fiscal impacts of the proposed Balsa Chica development on the city which were not addressed in the report. Nancy Harris, Bolsa Chica Land Trust representative, and Eileen Murphy spoke in support of litigation against the County of Orange regarding the proposed Bolsa Chica Project and requested that three members of the City Council abstain from the vote on the Bolsa Chica because they were former directors of the Amigos de Bolsa Chica group and requested information regarding the terms of settlement of a lawsuit by the Amigos de Bolsa Chica. Mayor Leipzig and Councilmember Green responded regarding their involvement with the Amigos de Bolsa Chica. 06 Page 6 - Council/Agency Minutes - 01/03/95 Chuck Nelson, Amigos de Bolsa Chica President, spoke regarding concerns relative to development of the Bolsa Chica. He encouraged good faith bargaining between the county, Koff Company and the city. He stated that the Amigos de Bolsa Chica lawsuit was between private parties and the compensation received was for legal expenses. Debbie Cook spoke regarding campaign contributions made by the Koll Company and Chevron to City Council candidates. Councilmember Green responded. Jan Vandersloot, Bolsa Chica Land Trust representative, spoke in support of litigation to protect the city. He distributed a communication to Council entitled Balsa Chica Planning Coalition Concept Plan. Bob Winchell, Huntington Beach Tomorrow representative, spoke in support of litigation to protect the city. He distributed a communication dated January 3, 1995 regarding Council action to implement regarding the Bolsa Chica. Nick Tomaino, Huntington Beach Tomorrow representative, spoke in support of litigation regarding the proposed Bolsa Chica Project. He read from a communication from Huntington Beach Tomorrow dated January 3, 1995 regarding Council action to implement actions one through five on page two of the letter. Bill Bernard, Huntington Beach Tomorrow representative, spoke in support of litigation regarding the proposed Bolsa Chica Project. He read from a communication from Huntington Beach Tomorrow dated January 3, 1995 regarding Council action to implement actions six through eleven on pages two and three of the letter. He proposed a Charter amendment to ensure the Bolsa Chica development will not be annexed to the city. Carrie Thomas, Huntington Beach Tomorrow representative, read a communication that she stated was sent to the City Council December 23, 1994 and spoke regarding the impacts of the proposed Bolsa Chica development. Bill Halpin spoke in opposition to the proposed Bolsa Chica development regarding ownership of the land by Signal Landmark, bankruptcy of the firm, previous toxic dumping lawsuit and money owed to the Internal Revenue Service by the Koll Company. Don Guillaume spoke in opposition to the proposed Bolsa Chica development regarding changes in the Environmental Impact Report and value of preserving wetlands. Richard Harlow spoke regarding Ordinance No. 3272 a city-wide speed limit ordinance. He requested that Council refer the ordinance to the Transportation Commission for review of the speed limit on Main Street between Adams Avenue and Seventeenth Street due to the danger involving school children in the area. Larry Geisse spoke in opposition to the development of the Bolsa Chica. 07 Page 7 - Council/Agency Minutes - 01/03/95 Flossie Horgan spoke regarding the Bolsa Chica Coalition Plan and stated that it was not supported by the majority of Coalition members as represented to Council. A communication was distributed to Council regarding action taken on June 5, 1989 regarding the Bolsa Chica Coalition Agreement. Councilmember Sullivan suggested that after a break, the Council should move forward the Agenda Item regarding the Environmental Impact Report for the Bolsa Chica. RECESS -RECONVENE The Mayor called a recess of Council at 9.20 p.m. The meeting was reconvened at 9:40 p.m. (City Council) STATUS REPORT ON NEGOTIATIONS WITH THE KOLL COMPANY AND COUNTY - ENVIRONMENTAL IMPACT REPORT FOR THE BOLSA CHICA - MOTION TO BEGIN LEGAL ACTION - FAILED (440.60) The City Clerk presented a communication from Councilmember Bauer dated December 11, 1994 regarding the status of negotiations with the Koll Company regarding mitigating financial impact of the project, embodying the seventeen (17) principles outlined by the Council in a binding agreement, identifying those land use planning elements described in the legal settlement, between the Amigos de Balsa Chica and Signal Landmark (Koll), and the developer agreement. The communication stated that since the Environmental Impact Report (EIR) for the Bolsa Chica deals extensively with the financial impact on the City of Huntington Beach, it is critically important that the Council exercise whatever remedy is necessary to mitigate this impact. For this reason Councilmember Bauer requested that the City Council instruct the City Attorney to begin legal action against the County of Orange prior to the expiration of the thirty (30) day El review period due to the insufficiency of the EIR in addressing financial impacts on the city. Utilizing the City Attorney will not add any unbudgeted expense. The following communications were received and distributed to Council from: the City Administrator dated January 3, 1995 regarding the County of Orange conditions of approval for the Bolsa Chica LCP and city's Principles for Development of Bolsa Chica; and Bob Winchell, Huntington Beach Tomorrow President, dated January 1, 1995 and January 3, 1995 regarding the Bolsa Chica development plan Councilmember Bauer requested a status report. The City Administrator reported regarding meetings with the county to mitigate impacts of the proposed project on the city. The Assistant City Administrator reported regarding the development of a service delivery plan to mitigate impacts on the city_ Councilmember Bauer requested support from City Councilmembers regarding the proposed litigation. He clarified that his motion did not address the county motion; it addressed the Environmental Impact Report. r- • Page 8 - Council/Agency Minutes - 01103/95 Councilmember Garofalo read a motion from the County Board of Supervisors which he stated is the motion that the city is proposing to opposing. A motion was made by Bauer, seconded by Sullivan, to direct the City Attorney to begin legal action against the County of Orange prior to the expiration of the thirty day Environmental Impact Report review period due to insufficiency of the EIR and addressing financial and other impacts to the city. The motion FAILED by the following roll call vote: AYES: Bauer, Sullivan NOES: Leipzig, Dettloff, Green, Garofalo ABSENT: None (City Council) Report Requested Regarding Process Used In Selecting New Public Works Director (160.30) The City Clerk presented a communication from the Personnel Director to the City Administrator dated December 28, 1994 regarding Director of Public Works Recruitment. The City Administrator reported regarding the process used in selecting the new Public Works Director and updating the job description. He read from a letter that he stated was from the Public Works Director for Bakersfield who was a member of the assessment panel. The Mayor requested a written report regarding the rationale used in selecting the new Public Works Director and for it to be provided to the engineers who had expressed their concern. (City Council) Economic Development Director LeavinQ The City Administrator announced that Barbara Kaiser, Economic Development Director, would be taking a new position in Long Beach. (City Council) Report Regarding Orange County Bankruptcy and Investment Pool The City Administrator presented a status report on the Orange County Bankruptcy and Investment Pool regarding property tax funds, litigation, freeze on hiring and capital improvement projects. W Page 9 - Council/Agency Minutes - 01/03/95 (City Council) Council Committee/Council Liaison Report Regarding Process For Selection Of City Council Vacancy - Approved (120.40) The Mayor reported regarding the Council Committee formed to finalize the interview process for candidates. He distributed a handout of proposed questions for the applicants. He stated that the committee had consensus to interview all candidates, allow a half-hour for each candidate interview, conduct interviews in Room B-8, interviews to be open to the public, applicants to be asked to wait in another room, and schedule appointments in advance. He stated that interviews would be held on Friday, January 20th and Saturday, January 21st and the selection to be made at a meeting on January 23, 1995. A motion was made by Garofalo, seconded by Green, to replace question number three with the following question: "Briefly give us your approach to an Economic Development strategy for the City of Huntington Beach" and so move the other questions. Councilmember Garofalo amended his motion to replace question number three with question number four. The amended motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None Discussion was held by Council. The City Clerk requested a ruling from Deputy City Attorney DeLaLoza regarding submission of documentation and voting on an item that was not on the agenda. Deputy City Attorney DeLaLoza reported. Motion To Place Non -Posted Item On The Agenda A motion was made by Sullivan, seconded by Leipzig, that Council vote to take an emergency action. The motion carried by the following roll call vote: AYES: Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer (out of room) The Mayor announced that he received a letter of resignation from former Councilmember Silva effective as of noon, January 2, 1995. A motion was made by Garofalo, seconded by Green, to accept the resignation of Councilmember Silva. The motion carried by unanimous vote. 10 Page 10 - Council/Agency Minutes - 01/03/95 A motion was made by Garofalo, seconded by Green, to replace question number four with the following question: "Briefly give us your approach to an Economic Development strategy for the City of Huntington Beach" and so move the other questions. The motion carried by the following roll call vote: AYES: Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer (out of room) A motion was made by Sullivan, seconded by Garofalo, for each Council person to submit up to three people to be nominated which would give a potential pool of eighteen if they were all different. The City Clerk clarified that the motion included "to use the same process as last time". Councilmember Leipzig stated that the motion was to use the same process as last time with the selection of three nominees. The motion carried by the following roll call vote: AYES: Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer (out of room) A motion was made by Garofalo, seconded by Green, to extend the application period to Friday, January 13, 1995 at 1:00 p.m. to be considered for the Council vacancy and that the Council submit their selections to the City Clerk by noon on Tuesday, January 17, 1995. The City Clerk requested that a motion be made that the issue regarding filling the Council vacancy arose after the agenda was posted. Motion To Place Non -Posted Item On The Agenda A motion was made by Green, seconded by Sullivan, to take emergency action. The motion carried unanimously. An amendment to the original motion was made by Sullivan, accepted by Garofalo, to change the time that the Council selections are due to 5:00 p.m. as the Councilmembers would be at City Hall for the meeting at 5:00 p.m. The original motion made by Garofalo, seconded by Green, and amended by Sullivan, to extend the application period to Friday, January 13, 1995 at 1:00 p.m. to be considered for the Council vacancy and that Council submit their selections to the City Clerk by 5:00 p.m. on Tuesday, January 17, 1995. The motion carried by unanimous vote. 11 Page 11 - Council/Agency Minutes - 01103/95 Motion For Meeting To Proceed Past 11:00 P.M. - Approved On motion by Sullivan, second Leipzig, Council approved proceeding past the 11:00 p.m. deadline in order to finish the agenda. The motion carried by unanimous vote. lity Council? PUBLIC HEARING - CONTINUED OPEN FROM NOVEMBER 7, 1994 AND DECEMBER 19, 1994 - VACATION OF PORTION OF CRYSTAL STREET NORTH OF GARFIELD -RESOLUTION NO. 6647 -ADOPTED (800.50) The Mayor announced that this was the day and hour set for a noticed 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 communication was received and distributed to Council from Jim Otterson, Traffic Engineer, dated January 3, 1995 informing Council that the Transportation Commission voted unanimously to approve the vacation of a portion of Crystal Street on the northwest corner of the existing intersection of Crystal Street and Garfield Avenue. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. No communication or written protests were received on the matter. The City Engineer presented a staff report. Mayor Leipzig declared the public hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Sullivan, seconded by Dettloff, to adopt Resolution No. 6647. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None CONSENT CALENDAR - ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Leipzig) Time extension for seismic retrofitting of four bridges. 12 Page 12 - Council/Agency Minutes - 01/03/95 CONSENT CALENDAR - ITEM APPROVED On motion by Green, second Sullivan, the following Consent Calendar items were approved as recommended, by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None tCity Council/Redevelopment Agency) MINUTES - APPROVED AND ADOPTED - Approved and adopted minutes of the Council/Agency regular meetings of October 3, 1994 as written and on file in the Office of the City Clerk. (City Council APPROPRIATION OF FUNDS TO PAY LEGAL EXPENSES - JAMES H. ACKERMAN - AMERICAN TRADER OIL SPILL -APPROVED (600.10) -Approved the appropriation of $40,000 to pay most recent quarterly billings and provided for estimated next quarterly billing as provided by contract amendment approved by the City Council on February 1, 1993, LC W Council) NOTICE OF COMPLETION - SIGNAL MAINTENANCE, INCORPORATED - CONSTRUCTION OF TRAFFIC SIGNAL - YORKTOWN AVENUE AND DELAWARE STREET - CC-880 - ACCEPTED (600.55) - Accepted the improvements of Cash Contract No. 880, Construction of a traffic signal at the intersection of Yorktown Avenue and Delaware Street, approved the total project cost of $105,496 and authorized the City Clerk to file a Notice of Completion. I[City Council) NOTICE OF COMPLETION - MOORE ELECTRICAL CONTRACTING INCORPORATED - INSTALLATION TWO TRAFFIC SIGNALS 1994 - PHASE III - ATLANTA AVENUE AT MIRAMARIGREENFIELD AND MAGNOLIA STREET AT EDISON HIGH SCHOOL - CC-906 - ACCEPTED (600.55) - Accepted the improvements of Cash Contract No. 905, installation of two traffic signals at the Intersections of Atlanta Avenue at Miramar/Greenfield and Magnolia Street at Edison High School; approved the total project cost of $220,762 and authorized the City Clerk to file the Notice of Completion. (City Council RESOLUTION NO. 6662 - ADOPTED - DESIGNATES SITE FOR THE POSTING OF OFFICIAL NOTICES (120.10) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING A SITE FOR THE POSTING OF OFFICIAL NOTICES." Posting Board located outside the lower entrance of the City Council Chamber, on the west wall. 13 Page 13 - Council/Agency Minutes - 01/03/95 (City Council) RESOLUTION NO. 6661 - ADOPTED - LOCAL COASTAL PROGRAM AMENDMENT NO. 94-4 - INCORPORATES CODE AMENDMENT NO. 91-10 - DIVISION 9 REWRITE AND ZONE CHANGE NO. 94-2 - CHANGES NAMES OF VARIOUS ZONING DISTRICTS AND DELETES COMMERCIAL DISTRICT SETBACK LINES FROM ARTERIAL HIGHWAYS (420.85) The City Clerk presented Resolution No. 6661 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 94-4 AND REQUESTING ITS CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION." The resolution incorporates Code Amendment No. 91- 10, the Division 9 Rewrite, Zone Change No. 94-2 and changes the names of various zoning districts and deletes commercial district setback lines from arterial highways. A motion was made by Green, seconded by Sullivan, to adopt Resolution No. 6661. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) INDEMNITY AGREEMENT BETWEEN HUNTINGTON_BEACH, CITY OF NEWPORT BEACH AND CENTRAL NET OPERATIONS AUTHORITY - SHARE CERTAIN VIDEO PRODUCTION RESOURCES -APPROVED (600.10) -Approved and authorized execution by the City Administrator and the City Clerk of an Indemnity Agreement between the city, the City of Newport Beach and the Central Net Operations Authority to share certain video production resources. Specially equipped van for producing videos, owned by Newport Beach, City of Huntington Beach has employee with expertise. Councilmember Garofalo commended staff for their work on this project. (City Council) TIME EXTENSION FOR SEISMIC RETROFITTING OF FOUR BRIDGES - AMENDMENT TO AGREEMENT - COUNTY OF ORANGE - ADMIRALTY, GILBERT, DAVENPORT AND HUMBOLDT BRIDGES - CC-825 - APPROVED (600.25) The City Clerk presented a communication from the City Administrator dated January 3, 1995 regarding seismic retrofitting of four bridges within the city, CC-825. A motion was made by Green, seconded by Dettloff, to approve and authorize execution of Amendment No. 3 to County Agreement D92-010 to allow a time extension from December 31, 1994 to June 30, 1995 for the County to administer the seismic retrofitting of four city bridges during the period of construction. The motion carried by the following roil call vote; AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None 14 Page 14 - Council/Agency Minutes - 01/03/95 (City Council/Redevelopment Agency) APPROPRIATION OF FUNDS FOR CENTER AVENUE TRAFFIC SIGNAL INSTALLATION AT CENTER AVENUE AND ONE PACIFIC PLAZA - HUNTINGTON CENTER MALL ENTRANCE - APPROVED (320.20) The City Clerk presented a communication from the Economic Development Director informing Council that design plans for a new traffic signal installation on Center Avenue at One Pacific Plaza, Huntington Center Mall, are complete and ready for construction by private parties pursuant to an agreement previously approved by the City Council. Funds for the city's contribution were appropriated in a previous fiscal year and have lapsed. The Economic Development Director presented a staff report. A motion was made by Dettloff, seconded by Sullivan, to appropriate and authorize the expenditure of an amount not to exceed $20,000 from the Huntington Center Capital Project Account as an amendment to the 1994/95 Annual Budget. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None The Mayor thanked Barbara Kaiser, Economic Development Director, for her work on this project and for her years of service to the city (City Council) ASSIGNMENT OF PAY N PLAY RACQUETBALL AGREEMENT - (WORTHY PARK) - MEMORANDUM_ OF LEASE AND. ASSIGNMENT OF GROUND LEASE - FROM E. O. RODEFFER TO JACK M CCAULEY -CONTINUED TO JANUARY 17. 1995 (600.10) The City Clerk presented a communication from the Community Services Director transmitting an Assignment of Pay N Play Racquetball Agreement and Memorandum of Lease and Assignment of Ground Lease from E. O. Rodeffer to Jack McCauley. The thirty-four (34) year lease expires in 2017 with two ten (10) year optional terms. Discussion was held by Council and staff regarding a better use for the site, length of the lease, revenue structure, use of the courts by Huntington Beach High School and renegotiation of the lease. Councilmember Garofalo requested that the City Attorney's Office review the lease. A motion was made by Green, seconded by Garofalo, to continue the assignment of the Pay N Play Racquetball agreement to January 17, 1995 to review lease options. The motion carried by unanimously vote. 15 Page 15 - Council/Agency Minutes - 01/03/95 (City Council) PROMOTIONAL AGREEMENT BETWEEN CITY AND CHEVROLET MOTOR DIVISION FOR PROVISION OF EIGHT VEHICLES FOR MARINE SAFETY OPERATION - APPROVED (600.10) The City Clerk presented a communication from the Community Services Director transmitting an agreement between the city and Chevrolet Motor Division, General Motors Corporation, for the provision of vehicles for Marine Safety Operation as the offictal vehicle of "Surf City, Huntington Beach". The Community Services Director presented a staff report. A motion was made by Green, seconded by Dettloff, to approve and authorize the Mayor and City Clerk to execute the agreement with Chevrolet Motor Division for the provision of eight (8) Chevrolet S-10 pick-up trucks per year for three years to be used in marine safety operations. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (Redevelopment A enc TALBERT-BEACH REDEVELOPMENT AREA - SASSOUNIAN CAPITAL VENTURES INCORPORATED - DOWN PAYMENT ASSISTANCE PROGRAM - PACIFIC PARK VILLAS PROJECT - SAMPLE LOAN DOCUMENTS - AMENDMENT TO LOAN DOCUMENTS PROPOSED FANNIE MAE PROVISIONS REGARDING ACCRUED INTEREST - FOUR AGREEMENTS SUBMITTED FOR APPROVAL - APPROVED - STAFF REPORT REQUESTED REGARDING ASSET DEFINITION AND EVALUATION (340.70) The City Clerk presented a communication from the Economic Development Director transmitting sample loan documents together with four participant loan agreements pursuant to a Disposition and Development Agreement between the Redevelopment Agency and Sassounian Capital Ventures, Incorporated to provide second trust deed loans to moderate income buyers in the Pacific Park Villas located in the Talbert -Beach Redevelopment Project Area. The Economic Development Director presented a staff report. Discussion was held by Council and staff regarding the low income ceiling of assets. Councilmember Garofalo asked that assets be redefined and how we evaluate them A motion was made by Sullivan, seconded by Green, to approve the following: 1 a. Approve the attached "sample" loan documents for the Pacific Park Villas Project as prepared by the City Attorney and direct the City Attorney to add a provision which forgives accrued interest if the value of the home does not appreciate at least 5% annually (such provision is already embodied in the loan documents regarding equity participation), and Page 16 - Council/Agency Minutes - 01/03/95 1b. Subject to Fannie Mae rejection of the compromise recommendation of A approve the attached loan documents as above but direct the City Attorney to remove the provision requiring the accrual of five percent interest on the Agency loans, and 2. Approve the borrowers listed on the attached by name, the amount of the loan and the specific property subject to trust deed and the individualized Down Payment Assistance loan documents for each, and 3. Approve and authorize the Chairman and Agency Clerk to execute the four loan documents between the Agency and the participants, and 4. Release funds for Down Payment Assistance Program participants, and 5. Waive the program requirement that borrowers not have more than $5,000 in assets after loan closing. The City Clerk clarified the motion to include that "all other loan agreements would be presented to Council individually for approval". The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) AMENDMENT NO. 1 - AGREEMENT BETWEEN CITY AND LAW FIRM OF POPPIN AND SHIER - BANKRUPTCY LEGAL SERVICES IN CONNECTION WITH COUNTY OF ORANGE - APPROPRIATION OF FUNDS TO PAY LEGAL EXPENSES - APPROVED AS AMENDED (600.10) The City Clerk presented a communication from the City Attorney transmitting Amendment No. 1 to the agreement between the city and the Law Firm of Poppin and Shier for Bankruptcy Legal Services in Connection with the County of Orange Bankruptcy dated December 12, 1994. The following communications were received and distributed to Council from: Gail Hutton, City Attorney, dated January 3, 1995 pertaining to services and fees of Poppin and Shier, Special Bankruptcy Counsel and Dan Villella, Finance Director, dated December 29, 1994 transmitting the Fiscal Impact Statement for the agreement with the law firm of Poppin and Shier. Deputy City Attorney DeLaLoza presented a staff report. A motion was made by Green, seconded by Garofalo, to approve the following: 1. Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the agreement between the city and the Law Firm of Poppin and Shier for Bankruptcy Legal Services in connection with the County of Orange Bankruptcy, and 17 2. Appropriate $100,000 from the General Fund, and Page 17 - Council/Agency Minutes - 01103/95 3. Direct the City Attorney's Office to request that other members of the pool benefiting from this law suit share in the legal expenses and a projection of how this $100,000 will be spent. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) TABLED AT NOVEMBER 7, 1994 CITY COUNCIL MEETING, - AMENDMENT NO. 2 - LIFEGUARD SUBSIDY AGREEMENT COUNTY HARBORS BEACHES AND PARKS DISTRICT - AMENDMENT INCLUDES ELIMINATION OF COUNTY SUBSIDY OVER FOUR YEAR PERIOD -APPROVED (600.25) The City Clerk presented a communication from the Community Services Director transmitting Amendment No. 2 to Agreement D87-316 with the Harbors, Beaches and Parks District for lifeguard subsidy at city -owned and operated public beaches, and request authorization for the Mayor and City Clerk to execute same. Amendment No. 2 will eliminate the county subsidy over a four (4) year period by reducing it twenty-five percent (25%) per year. The Community Services Director presented a staff report. A motion was made by Dettloff, seconded by Green, to remove from table and approve and authorize execution of Amendment No. 2 to Agreement D87-316 with the County of Orange Harbors, Beaches and Parks District for lifeguard subsidy. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) ORDINANCE NO. 3272 - ADOPTED AS AMENDED - CITY-WIDE SPEED LIMIT ORDINANCE - MAIN STREET BETWEEN ADAMS AVENUE AND SEVENTEENTH STREET AND WARNER AVENUE BETWEEN GRAHAM AND STREETS - DEFERRED TO TRANSPORTATION COMMISSION WITH A RE UEST TO LOWER THE SPEED LIMIT (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 nine (9) streets and lowers speed limits on two (2) streets. Introduction approved on December 19, 1994. The Assistant City Administrator and Acting Public Works Director presented a staff report. Page 18 - Council/Agency Minutes - 01/03/95 Councilmember Sullivan referring to Mr. Richard Harlow's request during the Public Comments portion of the Agenda, requested that Main Street between Adams Avenue and Seventeenth Street be deferred to the Transportation Commission for review of that location with a request to lower the speed limit (from 35 to 25). A motion was made by Garofalo, seconded by Dettloff, to adopt Ordinance No. 3272 as amended by deferring Main Street between Adams Avenue and Seventeenth Street to the Transportation Commission for review of that location with a request to lower the speed limit (from 35 to 25). An amendment to the motion was made by Garofalo and accepted, to defer Warner Avenue between Graham Street and Springdale Street to the Transportation Commission for review of that location with a request to lower the speed limit (from 50 to 45) due to accidents in the area. The City Clerk questioned Deputy City Attorney DeLaLoza regarding the amendment of an ordinance at the second reading and inquired whether the motion involved a substantial change requiring re -introduction of said ordinance. Deputy City Attorney DeLaLoza responded that as long as it is not a material change and stated that deleting one item out of several pages of items would not constitute a basis for bringing it back for further City Council action. The amended motion carried by the following roll call vote: AYES: Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig (City Council DEFERRED FROM DECEMBER 19 1994 - DISCUSSION HELD REGARDING IMPACTS OF ORANGE COUNTY FINANCIAL CRISIS ON CITY - STAFF DIRECTED TO SELECT A PROFESSIONAL FOR ANALYSIS OF THE CITY'S PORTFOLIO (310.10) The City Clerk presented a communication from Councilmember Bauer dated December 22, 1994 regarding the following: A. Prior to the end of 1994 the City should retain a financial consultant to advise the City on the current County financial crisis and to advise us on short term and long term strategies for our investment portfolio. B. Administration should make a presentation as soon as possible on the impact on the City from the County financial crisis and actions being taken to correct the problem. C. Administration should make a presentation as to their proposal for balancing the City budget. D. Council should be prepared to hold as many special meetings as necessary to accomplish 19 these tasks before the end of this year. Page 19 - Council/Agency Minutes - 01/03/95 Councilmember Bauer stated that B, C, and D were being complied with and he would also like to hire an independent financial consultant to review the city's investment portfolio. The City Administrator stated that the Committee had discussed that issue and that the city will need a financial consultant at an appropriate time. Discussion was held by Council. A motion was made by Dettloff, seconded by Green, to direct the City Treasurer and the City Administrator to set up the criteria and select a person to do an analysis of the city's portfolio with recommendation as to the individual to be approved by Council and during the process a review by the Finance Board to bring them into the process. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) ANNOUNCEMENT - FINANCE BOARD APPOINTMENT - TERRY DOLTON (110,20) Councilmember Dettloff announced that Terry Dalton would be her appointment to the Finance Board. (City Council) ANNOUNCEMENT - FINANCE BOARD APPOINTMENT - ART AVILES (110.20) Councilmember Green announced that Art Aviles would be his appointment to the Finance Board. (City Council) ANNOUNCEMENT - FINANCE BOARD APPOINTMENT - DAN TRAXLER (110.20) Councilmember Garofalo announced that Dan Traxler would be his appointment to the Finance Board. Request For Sergeant -At -Arms To Remain On Duty Until The End Of The City Council Meetings Councilmember Garofalo requested that the Sergeant -at -Arms remain on duty until the end of City Council meetings. The City Administrator reported that the Sergeant -at -Arms usually leaves when the audience does but that could be done. Councilmember Sullivan suggested that the Sergeant -at -Arms or the Police Chief remain until the end of Council meetings. 20 Page 20 - Council/Agency Minutes - 01/03/95 (City Council) DISCUSSION HELD REGARDING REVIEW OF AGENDA PROCESS REGARDING PUBLIC HEARINGS AND PUBLIC COMMENTS - MOTION TO CHANGE - FAILED (120.10) Councilmember Garofalo presented a proposal to change the order of meetings to have public comments and then public hearings at the first meeting of the month and public hearings and then public comments at the second meeting of the month. A motion was made by Garofalo, seconded by Green, that of the scheduled two meetings per month, the first meeting be business as usual, the second meeting of the month be declared a business meeting and just reverse the public hearings and public comments status and if there is a third meeting of the month, it will be business as usual. Discussion was held by Council and staff. The City Clerk reported regarding the public hearing notices published in the newspaper and mailed to property owners and residents in the area of the affected property. She stated that the notices read as follows: "at 7:00 p.m. or as soon thereafter as possible". The motion FAILED by the following roll call vote: The City Clerk clarified the motion. AYES: Garofalo NOES: Bauer, Sullivan, Leipzig, Dettloff, Green ABSENT: None ORANGE COUNTY SANITATION DISTRICT APPOINTMENTS - APPROVED (120.20) Councilmember Leipzig presented appointments to the Orange County Sanitation Districts. A motion was made by Leipzig, seconded by Green, to approve the following appointments: O.C. Sanitation District 3 - Mayor Leipzig Alternate Councilmember Bauer O.C. Sanitation District 11 - Mayor Leipzig and Councilmember Dettloff Aitemate Councilmember Bauer The motion carried by unanimous vote. 21 Page 21 - Council/Agency Minutes - 01/03/95 ADJOURNMENT - CITY COUNCILIREDEVELOPMENT AGENCY Mayor Leipzig adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Wednesday, January 4, 1995, at 5:30 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk Clerk of the Redevelopment Agency and the City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California r Mayor/Chairman 22 /d�/5 /�r7".�.�, f`t1f ,�(r? ���'�/t�d�'�/ . %� 't f ;!�1`'�"fr" ✓` %. di Ly F CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALL FOR SPECIAL MEETING OF HUNTINGTON BEACH CITY COUNCIL Victor Leipzig, Mayor Dave Sullivan, Councilmember Ralph Bauer, Councilmember Shirley Dettloff, Councilmember Peter Green, Councilmember Dave Garafalo, Councilmember CALIFORNIA 92648 You are hereby notified of a Special Meeting of the Huntington Beach City Council on Tuesday, January 3, 1995 at 4:30 p.m., in room B-8 for the purpose of meeting (one half hour before the previously announced meeting time of 5:00 p.m.) to begin the Closed Session Re: the Orange County Bankruptcy Case - 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 U. S. Bankruptcy Court Case # SA 94-22272 JR Administratively Consolidated with Case # SA-94-22273 JR. Dated: December 29,1994 Mayor ATTEST: / —4� ggw��A� City Clerk I hereby certify that I received the above notice, "Call for Special Meeting of the City Council" prior to 4:30 p.m., on Monday, January 2, 1995. Mayor g.\agendalsp010395.doc 1 Telephone: 714-536-5227 ) CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALL FOR SPECIAL MEETING OF HUNTINGTON BEACH CITY COUNCIL Victor Leipzig, Mayor Dave Sullivan, Councilmember Ralph Bauer, Councilmember Shirley Dettloff, Councilmember Peter Green, Councilmember Dave Garafalo, Councilmember CALIFORNIA 92648 1V W You are hereby notified of a Special Meeting of the Huntington Beach City Council on Tuesday, January 3, 1995 at 4:30 p.m., in room B -8 for the purpose of meeting (one half hour before the previously announced meeting time of 5:00 p.m.) to begin the Closed Session Re: the Orange County Bankruptcy Case - 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 U.S. Bankruptcy Court Case 4 SA 94-22272 JR Administratively Consolidated with Case # SA-94-22273 JR Dated: December 29,1994 Mayor ATTEST: City Clerk I hereby certify that I received the above notice, "Call for Special Meeting of the City Council", prior to 4:30 p.m., on Monday, January 2, 1995. gAagen&sp010395.doe 01 ;Telephane: 71453"227)