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HomeMy WebLinkAbout2000-06-05 (7)Minutes City Council/Redevelopment Agency City Of Huntington Beach 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, June 5, 2000 An audiotape of the 5:00 p.m. portion of this meeting and a videotape of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. Call To Order Mayor Garofalo called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:05 p.m. in Room B-8 City Council — Redevelopment Agency Roll Call Present Sullivan, Garofalo, Green, Dettloff Absent Julien, Harman, Bauer Late Communications Pursuant to the Brown (Open Meetings) Act, the City Clerk announced two late communications that pertained to the study session item on the agenda: Slide show presentation dated June 5, 2000 from the Office of the City Treasurer titled Joint Study Session IAB/City Council. Communication dated June 5, 2000 from the Office of the City Treasurer transmitting the Investment Advisory Board (IAB) Annual Report to the City Council for the period October 1, 1998 to September 30, 1999. Communication titled City of Huntington Beach — Investment Advisory Board (IAB) — Annual Report to the City Council for the Period October 1, 1998 to September 30, 1999. (City Council/Redevelopment Agency) Joint Study Session Between City Council and Investment Advisory Board - Report On Investments (310.20) Investment Advisory Board Roll Call Present Jon D. Ely (Chair), William P. Bernard, Richard Ganulin, Bob Glass, Warren Hall, Robert Winchell Absent Bob Turicchi City Treasurer Freidenrich introduced Deputy City Treasurer, Jim Slobojan who recently joined her staff. (2) June 5, 2000 - Council/Agency Minutes - Page 2 The topics of discussion included an Overview of the Year, presented as a communication from the Office of the City Treasurer dated June 5, 2000 transmitting the Investment Advisory Board (IAB) Annual Report to the City Council for the period October 1, 1998 to September 30, 1999. The communication titled City of Huntington Beach — Investment Advisory Board (IAB) — Annual Report to the City Council for the Period October 1, 1998 to September 30, 1999 had been announced earlier by the City Clerk as a late communication. Chairperson Ely commended City Treasurer Freidenrich for her good work on behalf of the city relative to the Orange County bankruptcy proceedings. City Treasurer Freidenrich introduced the city's stock broker Howard Herring from JW Genesis Financial Services, Inc. She informed the Council of Mr. Herring's credentials, Mr. Herring presented a Power Point slide report dated June 5, 2000 titled The Economy, the Bond Market and the City. This presentation is a portion of the slide report dated June 5, 2000 from Shari Freidenrich, City Treasurer titled Joint Study Session IAB/City Council, which had been announced earlier as a late communication by the City Clerk. Mr. Herring announced that the drop in unemployment levels has been unprecedented since the John F. Kennedy Administration. He also stated that the Federal Government continues to hike the interest rates due to the surge in the economy. Mr. Herring credited what he stated is the pro -active, Volker/Greenspan trend of the last 20 years for the nation's leadership in stable economic growth. Mr. Herring spoke relative to bonds; that it is trading rather than investing in bonds that causes volatility in the market. Mr. Herring informed Council of the city's position, stating that safe management of the city's portfolio is the key. Mayor Garofalo inquired about reducing the risk to the city's portfolio, and unrealized gains, to which Mr. Herring responded that reducing the weighted average of maturity of the city's portfolio captures higher yields. City Treasurer Freidenrich added that the direction of the interest rate is moving towards a "buy and hold" portfolio, and concurred with Mr. Herring that a shorter maturity captures a higher yield. City Treasurer Freidenrich presented the Government Account Standards Board (GASB) 31 update, which she stated is the standard that counteracts the effects of the Orange County bankruptcy. She related a hypothesis that if the city were to liquidate its entire portfolio tomorrow, 1.5 million would be lost, but that the chances of that occurring are very slim. Mayor Garofalo asked for a forecast of the market over the next two years. Mr. Herring stated that the crystal ball is clouded outside a six-month horizon, because the Federal Government is not done with hiking interest rates. Mayor Garofalo thanked the Investment Advisory Board, which he stated is a volunteer group with an advisory role. (3) June 5, 2000 - Council/Agency Minutes - Page 3 Motion to Recess to Closed Session - Approved A motion was made by Sullivan, second Green, to recess to Closed Session on the following items. The motion carried by the following roll call vote. AYES: Sullivan, Garofalo, Green, Dettloff NOES None ABSENT: Julien, Harman, Bauer (City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director; Daniel Cassidy, Esquire of Liebert, Cassidy and Frierson and Richard Whitmore, Esquire of Whitmore, Johnson & Bolanos regarding labor relations matters — meet and confer with the following employee organizations:, POA and HBFA. (120.80) (This closed session is also scheduled on Friday, June 9, 2000 Adjourned Council Meeting Agenda.) (City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation. (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Number of Potential Cases: 1. Subject: City of Huntington Beach v. Karmeluk (Recovery of I" time homeowner loan). (120.80) (City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation. (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Number of Potential Cases: 1. Subject: Harris Workers' Compensation Subrogation. (120.80) Reconvene City Council/Redevelopment Agency Meeting City Attorney's Report of Action Taken by the City Council in Closed Session (Pursuant to Government Code §54957.1(A)(3)(B)) — Settlement Agreement with Clark V. City — Grant of $50,000 in Exchange for Plaintiff's Full Release. (120.80 ) Assistant City Attorney Scott Field reported that on Monday May 15, 2000, the City Council convened in closed session to discuss the matter of Clark v. City of Huntington Beach, Orange County superior Court Case No. 811040. He announced that pursuant to settlement authority the City Council granted on May 15, 2000, the case settled effective May 30, 2000, for $50,000 in exchange for a full release from the plaintiff. The Council had voted unanimously with all present. (4) June 5, 2000 - Council/Agency Minutes - Page 4 City Council/Redevelopment Agency Roll Call Present: Julien, Sullivan, Harman, Garofalo Green, Dettloff Absent: Bauer Flag Ceremony and Pledge of Allegiance — Brownie Troup 1679, Golden View School, Huntington Beach, Co -Leaders Kathy Blythe and Sharon Crawford. Invocation — Bishop Robert Goode, Huntington Beach 6"' Ward, Church of Jesus Christ of Latter Day Saints. City Clerk Announces Late Communications Which Pertain to Items on the Agenda Communication from City Attorney's Office dated June 5, 2000 entitled Report of Action Taken Pursuant to Government Code Section 54957.1, May 15, 2000 City Council Closed Session. Slide show presentation dated June 5, 2000 from the Department of Public Works titled Arterial Highway Rehabilitation Program. Slide show presentation dated June 5, 2000 from Shari Freidenrich, City Treasurer, titled Treasurer's Report. Slide show presentation submitted by the Planning Department to the City Clerk's Office on June 5, 2000, titled Meadowlark Development Agreement No. 88-1(R). Amended page of slide show presentation titled Adult Internet Access submitted by the Director of Library Services on June 2, 2000. Slide show presentation dated June 5, 2000 from Director of Administrative Services titled Imposition of Utility User Tax on AES Power Plant. Public Comment Forms — 7:00 Portion of Council Meeting At Mayor Garofalo's request, the City Clerk reported that she had received approximately 20 Public Comments forms from the members of the public wishing to address Council. Public Comments Pat Bril, Chairperson of the Huntington Beach Public Library Board of Trustees, spoke in opposition to the agenda item relative to approving the proposed Library Internet filtering software. Chairperson Bril provided background on the board's position, stating that the board had voted unanimously against the staff recommendation for filtering as an infringement of Constitutional rights under the First Amendment. She urged Council to approve the Library Board's recommended action against filtering - Option No. 1. Norm Westwell spoke in opposition to the staff recommendation on the agenda item relative to Library Internet filtering software. He informed Council that most libraries are not currently filtering. Mr. Westwell spoke against government intervention on the public's behalf in deciding what is considered to be objectionable viewing material. He spoke in favor of the Library Board's recommended action - Option No. 1. (5) June 5, 2000 - Council/Agency Minutes - Page 5 Randy Allison, the representative for the applicant, Amwest Corporation, objected to the agenda item relative to the findings for denial of the Ellis Avenue Single Room Occupancy (SRO) project, on which a public hearing was held on May 15, 2000. Ed Blackford, Site Manager of the AES Huntington Beach power plant, spoke in opposition to the agenda item that proposes the imposition of a utility tax on the electrical facility at Newland Avenue and Pacific Coast Highway. Mr. Blackford informed Council that the plant is not a utility company and it is not governed by the Public Utilities Commission (PUC). He expressed his points as two -fold: (1) that AES is unique from other businesses, as it converts gas into electricity. He stated that the company has not changed its operation since it was under the ownership of Southern California Edison (SCE), and should therefore remain tax-exempt; and (2) that Council should keep policy issues separate from financial considerations. Mr. Blackford expressed his belief that the imposition of this tax constitutes a double tax. Chuck Scheid inquired regarding the agenda item relative to the renewal of the contract with Chevrolet. He spoke in opposition to the proposed increase in the quantity to be appropriated, and compared the terms of the current proposal with those of the last three-year contract. Mr. Scheid stated that it is unclear to him who would pay for the additional drivers, why the number of vehicles has increased from 12 to 15, and the reason for the change in the type of vehicle from GEO Trackers to the Chevy S-10 truck. Mr. Scheid stated that he understood the point of obtaining the vehicles is for the use of the marine safety workers, and not for product placement on the beach. Joe Racano spoke relative to urban runoff. He displayed photographs of sewage, debris, and a dead sea mammal beached at the mouth of the Santa Ana River. Mr. Racano stated that urban runoff is not a source of ocean pollution. Eileen Murphy requested Mayor Garofalo's financial disclosure relative to the allegation that he received a check from the CIM Development Group, which she stated is a company involved in an issue before Council. Ms. Murphy spoke regarding the advertisement that CIM placed in the Huntington Beach Conference and Visitors Bureau Guide, a publication with which Mayor Garofalo has involvement. Bob Biddle thanked Mayor Garofalo for the column in the Independent Newspaper regarding drained oil in the storm drain system. He informed Council that he has reviewed all the Councilmembers' economic disclosure statements filed over the past few years. Mr. Biddle requested that Mayor Garofalo hold a press conference to respond to questions arising out of recent media reporting relative to allegations of issues of conflict of interest. Debbie Cook interpreted Government Code Section 1090 conflict of interest violations and the imposition of penalties and fines. She mentioned that the Fair Political Practices Commission (FPPC) Act cannot enforce Section 1090 laws. Ms. Cook spoke regarding Mayor Garofalo's acceptance of a check for an advertisement placed in the Huntington Beach Conference and Visitors Bureau Guide. James Lu stated his objection to the agenda item relative to the Findings for Denial on his project, the Ellis Avenue Single Room Occupancy (SRO) project on which a public hearing was held on May 15, 2000. He questioned if the Councilmembers had pre -conceived their votes prior to the public hearing. Mr. Lu informed Council that prior to the meeting of May 15, 2000, he asked a Councilmember if his appeal letter had been read and was upset to discover that it (6) June 5, 2000 - Council/Agency Minutes - Page 6 was not. He stated that a very good project was denied because Council did not really look into it. Jim Barker, Los Amigos Mobile Home Park and Communications Director for the Mobile Home Owners Association (MHOA) spoke in opposition to the Notice of Intent to Circulate Petition. Mr. Barker informed Council that this amendment to the City Charter prohibiting the stabilization of mobile home park and apartment rents had been submitted to the City Attorney's Office for title. He commended Council for defeating State Proposition No. 199 in 1995, which he stated was an initiative by mobile home park and apartment owners to raise space and apartment rents to any level they desired. Mr. Barker announced that the next speaker, Mr. Jankowski is going to continue with their joint presentation. John Jankowski, Mariner's Point Mobile Home Park, continued the previous speaker, Mr. Barker's presentation. He stated that in 1995, the Mobile Home Owners Association (MHOA) battled against State Proposition No. 199 because it allowed for "rent gouging" by mobile home park and apartment owners without fear of legal retaliation. Mr. Jankowski informed Council that the MHOA is opposed to the petition for City Charter amendment because it is a look -alike of State Proposition No. 199. He stated that the answer is to look into the Mobile Home Fair Practices Act. Mr. Jankowski turned the presentation over to the next speaker, Mr. Gullage. Steve Gullage, Los Amigos Mobile Home Park, completed the presentation of the two previous speakers, Mr. Barker and Mr. Jankowski. He added that whether or not mobile home rent control is needed, should the City Charter amendment pass, rents are going to increase even more dramatically. Mr. Gullage spoke in favor of the rent stabilization ordinance, and urged Council to pass the Mobile Home Fair Practices Act that he stated will allow mobile home park owners to adjust space rent at a reasonable rate. Al Caressa offered Council information which he believes they may need to review mobile home park space rents. Mr. Caressa thanked Council for the formation of the city's Mobile Home Review Board (MHAB) and the Mobile Home Sub -Committee. He stated that apartment rentals cannot be associated with mobile home space rentals. Shane Bankston, manager of Brookfield Manor Mobile Home Park, referred to the speaker, Mr. Gullage's rebuttal to Mr. Bankston's statement at a previous meeting regarding base rent. Mr. Bankston clarified that the base rent of which he spoke applied to new mobile home owners, and not the established residents. He quoted figures and charges, and informed Council that regarding the water rate issue, meters are read monthly. Mr. Bankston stated that the owner of Brookfield Manor, Mr. Hexberg is a senior citizen himself, but that the fear of rent control for an owner is understandable. Mr. Bankston questioned why the rent control issue should be limited to mobile homes, and not include apartments. James Lane, member, Huntington Beach Cares, expressed his concern regarding the check received by Mayor Garofalo from the C1M Group. He urged the Mayor to hold a press conference for disclosure of the disposition of the check. Mr. Lane spoke relative to eminent domain, and stated that he is troubled that Mayor Garofalo's voting on the Environmental Impact Report for the downtown redevelopment area may represent a conflict of interest. (7) June 5, 2000 - Council/Agency Minutes - Page 7 Pamela Canfield, Gables Condominium Complex resident, expressed her concern over the proposed land lease increases at the Gables Condominium project, which she stated she cannot afford to pay. Ms. Canfield thanked Council for its support on the issue. Mike Nelson spoke in opposition to the registered letter he received from Arnel Retail Group, the developers of Wal-Mart. He distributed copies to Council. Mr. Nelson informed Council that the letter is in reference to the construction of a wall adjacent to his home, and the demolition of an existing wall. Mr. Nelson stated that the developer wants him to sign and acknowledge a waiver of responsibility for any damages to his property, and to indemnify their obligations. He stated that the letter appears to be a legal, binding contract since his signature requires that a witness be present. Mr. Nelson expressed his concerns about the duration of time for the construction, the inherent danger to pets in the area, and the legal ramifications of his refusal to sign. Mayor Garofalo directed staff to copy the letter and address the issue. Councilmember Sullivan expressed his concern over the conditions outlined in the letter. He stated that the letter does not mention if a lack of response on the part of Mr. Nelson is deemed to be a refusal. Councilmember Sullivan spoke regarding the need to act quickly due to the short response time of three weeks stated in the letter. Gerald Chapman, Co -Chairperson of the Huntington Beach Art Center Foundation expressed his pleasure over the approved pay raise to non -permanent, non -classified part-time, temporary and seasonal employees approved at the May 15, 2000 meeting. Dr. Chapman stated his concern that the action has placed a mandate on the Huntington Beach Art Center Foundation to come up with the unfunded amount to defray salary costs. : Jacque Geier -Lahti requested that Mayor Garofalo open his books and reassure the public that there is no wrongdoing and that the check made out to him from the CIM Group has made its way to the proper accounts. Don McGee stated that he found Mayor Garofalo's article in the Independent regarding urban runoff as timely. Mr. McGee spoke in opposition to ocean pollution and the drainage runoff problem on Frankfort and Geneva Avenues, to the Huntington Shorecliffs Mobile Home Park. Bill Bernard expressed concern over what he stated was the repeated allegations of conflict of interest by Mayor Garofalo. Mr. Bernard spoke relative to the Mayor's earlier statement regarding the divestment of his ownership of the Local News. Mr. Bernard also spoke in favor of a solid tax base for infrastructure improvements, but not at the expense of the public. On this point, Mr. Bernard spoke of the need for efficacy — to effect a desired result for the greater good of the community of voters. Robert Cronk spoke in favor of the agenda item relative to the Findings for Denial of the Ellis Avenue Single Room Occupancy (SRO) project on which a public hearing was held on May 15, 2000. Mr. Cronk stated that as he had reported at the last meeting, neither the applicant, Mr. Lu who appealed the denial, nor his representative had met their obligations to discuss the issue with concerned citizens such as he. James Jones, Equity Concept Investment Management for Huntington -by -the Sea Mobile Home Park spoke in opposition to requests for mobile home rent control stating that rental assistance is available to those in need. (8) June 5, 2000 - Council/Agency Minutes - Page 8 Council Comments Regarding Public Comments Portion of the Agenda (City Council) Staff Directed to Look into the Feasibility of Mobile Home Rental Assistance Program (120.90) Mayor Garofalo requested staff to look into the feasibility of a mobile home rental assistance program to provide assistance to mobile home residents needing financial help with their space rentals. (City Council) Mayor's Statement Regarding Financial Disclosure (630.70) Mayor Garofalo announced his position on comments made regarding his financial disclosure. He stated that everything he has done is a matter of public record. (City Council) Discussion between City Council and Assistant City Attorney Re Matters Relative to Mayor's Economic Disclosure (630.70) Mayor Pro Tern Harman stated that it would be appropriate for Mayor Garofalo to make further disclosure due to the articles in the papers relative to the CIM Group project. Mayor Pro Tern Harman directed questions regarding generic cases to Assistant City Attorney Field, including the hypothetical situation that if the Mayor participates in Council action to move the CIM project forward, and his participation is later found to be in conflict, what would happen to the project. Assistant City Attorney Field responded that Councilmembers routinely approach his office to inquire whenever such conflicts of economic interest appear to exist. He stated that under the normal course of events referrals are made to the Fair Political Practices Commission (FPPC) by phone. Assistant City Attorney Field further stated that whenever an FPPC legal opinion is rendered, copies are provided to all Councilmembers, as has happened with the CIM case. Assistant City Attorney Field He spoke relative to the system of the City Attorney's Office relative to conflicts of interest matters regarding City Councilmembers. He stated that he believes it is inadvisable to investigate first since to do so would not foster the good relationship between Council and the Attorney's Office. Councilmember Sullivan spoke further regarding the matter. Mayor Garofalo stated that he had no problem with either Mayor Pro Tern Harman or Councilmember Sullivan's inquiries, and that he is going to provide a response the following day. (City Council) Directed Staff to Meet with Public Speakers Regarding Concerns that Urban Runoff is not a Source of Ocean Pollution (120.10) Councilmember Dettloff expressed her concern regarding the speaker's comments that urban runoff is not a source of ocean pollution, and stated that it is the major cause. She stated that she will communicate with speakers, Messrs. Don McGee and Joe Racano, and requested City Administrator Ray Silver and Public Works Director Robert Beardsley to schedule a meeting. City Administrator Silver urged everyone to submit their requests in writing for constructive suggestions regarding agenda item proposals. (9) June 5, 2000 - Council/Agency Minutes - Page 9 (City Council) Received and Filed Update on Public Works Department - Capital Projects Underway —Arterial Highway Rehabilitation Program (100.30) The City Council considered a presentation of a Power Point slide report titled Public Works Department Capital Improvement Program Capital Projects Update - by Public Works Director Robert Beardsley. Public Works Director Beardsley introduced two members of his staff. He stated that Principal Civil Engineer Doug Stack would present the Power Point slide report dated June 5, 2000 titled Arterial Highway Rehabilitation Program announced earlier as a late communication by the City Clerk. Public Works Director Beardsley also introduced Civil Engineer Dave Webb. Civil Engineer Webb furnished an update on the Goldenwest Street -Warner Avenue sewer project with the Orange County Sanitation District. He announced that the work is being completed with a quick turnaround time of three days, but that the intersection is still partly blocked. He also described a left turn lane complication on Goldenwest Street heading east onto Warner Avenue. Civil Engineer Webb informed Council that the situation should clear up by the end of the month. Civil Engineer Webb gave a brief report of the traffic problem with the Slater storm drain improvements - - the concrete storm drain located at Slater Avenue and Springdale Street. He apologized that the presentation is not available for handouts. Civil Engineer Webb stated that it is going to take five to six months to control traffic flow patterns, and that the traffic engineers are presently working on signage. Mayor Pro Tern Harman informed Council that he lives in the area south of the intersection, and inquired about the diversion of traffic into the adjacent housing tracts. He expressed the concern of his neighbors about speeding. Civil Engineer Webb responded that the Police Department might have to issue tickets to slow traffic down. Principal Civil Engineer Doug Stack presented the Power Point slide report dated June 5, 2000 titled Arterial Highway Rehabilitation Program announced earlier as a late communication by the City Clerk. The presentation includes a schedule for rehabilitating arterial highways throughout the city. Mayor Pro Tem Harman inquired if there were any plans to widen Graham Street. Principal Engineer Stack responded that the Infrastructure Management Program (IIMP) has identified the project for funding. City Administrator Silver thanked staff for their reports. (City Council) Reviewed and Accepted City Treasurer's April 2000 Investment Summary Report (310.20) The City Council considered a communication from the City Treasurer transmitting the Monthly Investment Report for April 2000. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Slide show presentation dated June 5, 2000 from Shari Freidenrich, City Treasurer titled Treasurer's Report. (10) June 5, 2000 - Council/Agency Minutes - Page 10 City Treasurer Freidenrich announced that the average maturity rate continues to drop. She informed Council that there is adequate liquidity in the city's portfolio. Folloviing the review of the report, on motion by Mayor Pro Tem Harman, second Sullivan, Council accepted the Monthly Investment Report for April 2000 pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Garofalo, Dettloff, Harman NOES None ABSENT: Bauer (City Council) Public Hearing to Approve Amended and Restated Development Agreement No. 88-1 (R) (Catellus Residential Meadowlark LLC) - Meadowlark Specific Plan Area — (600 Feet East and North of the Intersection at Bolsa Chica and Warner Avenues, South of Heil Avenue) —Approve Introduction of Ordinance No. 3471 (600.10) Mayor Garofalo announced that this was the time scheduled to consider the following public hearing. Applicant: John P. Erskine, Esquire Request: 1. To substitute parties; 2. To provide a new three year term; and 3. To update property description and revised exhibits and dates. Location: Meadowlark Specific Plan Area (approximately 600 feet east and north of Bolsa Chica Avenue and Warner Avenue intersection, south of Heil Avenue). Environmental Status: The above item is covered by Environmental Assessment/Mitigated Negative Declaration No. 97-21 and Environmental Impact Report No. 87-2. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been submitted by the Planning Department to the City Clerk's Office on June 5, 2000. The slide show presentation is titled Meadowlark Development Agreement No. 88-1(R). Planning Director Howard Zelefsky presented the slide report. Mayor Garofalo declared the public hearing open. Eva Weisz spoke in opposition to the proposal. Ms. Weisz informed Council of the problems she encountered with the development of the area, including a parking ticket she received due to street cleaning day. She presented Council with a plastic baggie full of debris she collected that was not picked up by the street cleaning crew. Mayor Garofalo encouraged Ms. Weisz to go through the appeal process with the Police Department regarding the parking ticket. Ms. Weisz responded that she already had done so. (11) June 5, 2000 - Council/Agency Minutes - Page 11 There being no persons present to speak further on the matter and there being no protests filed, either written or oral, the hearing was closed by the Mayor. Councilmember Dettloff announced that she would make a motion to move forward with the project. She addressed the Catellus Residential Meadowlark LLC, representatives in the audience, and requested that they ensure that their workers are apprised of the conditions of the project. A motion was made by Dettloff, second Green to approve introduction of Ordinance No. 3471 — "An Ordinance of the City of Huntington Beach Adopting the Amended and Restated Development Agreement No. 88-9(R) By and Between the City of Huntington Beach and Catellus Residential Meadowlark LLC." The motion carried by the following roll call vote: AYES: Julien, Harman, Garofalo, Green, Dettloff NOES Sullivan ABSENT: Bauer Consent Calendar — Items Removed for Separate Discussion Three -Year Promotional Contract with Chevrolet, "The Official Marine Safety Vehicle of Surf City, Huntington Beach" to Obtain 15 Vehicles — Approve City's Indemnification Obligations Findings for Denial for Conditional Use Permit No. 99-31 and Negative Declaration No. 99-11 (Ellis Avenue Single Room Occupancy (SRO) Residential Project — Applicant, James Lu - Amwest Corp. Consent Calendar — Items Approved On motion by Harman, second Green, Council approved the following Consent Calendar items, as recommended, by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green Dettloff NOES None ABSENT: Bauer (City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of May 1, 2000, and the regular meetings of May 15, 2000, as written and on file in the Office of the City Clerk. (City Council) Adopted Resolution No. 2000-50 Authorizing Closure of Local Streets for the Fourth of July Festivities (960.30) — Adopted Resolution No. 2000-50 — °A Resolution of the City Council of the City of Huntington Beach Authorizing Street Closure for the Fourth of July." (City Council) Approved Contractual Services Between the City and the California Highway Patrol for Supplemental Law Enforcement for the Fourth of July Festivities (600.20) - Approved and authorized the Police Chief and the City Clerk to execute an agreement with the California Highway Patrol in substantially the same form as the previous agreement executed on June 18, 1999, and upon approval as to form by the City Attorney in an amount not to exceed $15,000 for supplemental police services on July 4, 2000. (12) June 5, 2000 - Council/Agency Minutes - Page 12 (City Council) Ratified Oral Agreement Between the City and the County of Orange for Reimbursement of Costs Incurred by the City for Incarcerating a County Inmate (600.25) Ratified the oral agreement with the County of Orange for reimbursement costs associated with incarcerating a county inmate. (City Council) Approved City Council Position on Legislation Pending Before the State Legislature and Congress as Recommended by the City Council Intergovernmental Relations Committee (AB 2742 — Streets & Roads and AB 1833 — Creates Institute for Criminal Justice Technology) (640.90) —The City Council has reviewed the legislative recommendations made by the City Council Intergovernmental Relations Committee and authorized the Mayor to send letters reflecting those positions to the legislators: Motion: Support AB 2742 (Baugh & Strickland) increasing funding for maintenance and rehabilitation for local streets and roads. Motion: Support AB 1833 (Schiff) creating the Institute for Criminal Justice Technology. (City Council) Approved Amendment No. 2 to Cooperative Agreement No. C-95-975 between Orange County Transportation Authority (OCTA) and the City Combined Transportation Funding Program (CTFP) (600.25) — Approved and authorized the Mayor and City Clerk to execute Amendment No. 2 to Cooperative Agreement No. C95-975 Between Orange County Transportation Authority (OCTA) and the City of Huntington Beach: 1. Amended Exhibit A, Combined Transportation Funding Programs (CTFP) Allocations; and 2. Deleted the Exhibit and replace with a revised Exhibit — CTFP Allocations — Open Projects Exhibit. (City Council) Approved the Appropriation and Expenditure of Interest Earnings from PLC Land Company's Holly-Seacliff Development Agreement Account to the Contingency and/or Project Supplements for Fire Station 6-Edwards — CC-1084 (320.20) Approved the appropriation and expenditure of interest earnings not to exceed $95,000 as received from the PLC Land Company account R-CF-6-21-00-FR-422, to the contingency account E-CF-PA-084-6-31-00 and/or project supplements account E-CF-PC-084-3-90-00 for the Fire Station 6-Edwards, CC-1084. City Council) Approved Appropriation of Funds for Reimbursement of Construction Costs Per Agreement Between the City and Orange County Water District for Green Acres Project (GAP) Facilities Constructed by PLC (Pacific Land Co.) for Pipelines at Garfield and Goldenwest Avenues — (600.25) — Approved appropriation of $200,000 from unappropriated Water Fund reserves for reimbursement of construction costs for Green Acres Project facilities constructed by PLC. (City Council) Approved Professional Services Contract With Compuware for Technical and Help Desk Support Personnel — Vacancies in the Fire Department — Approved Waiver to City's Indemnity Obligations (600.10) —1. Approved and authorized the Mayor and City Clerk to execute the Professional Services Contract Between the City of Huntington Beach and Compuware Corporation for Technical Support Personnel; and 2. Approved the waiver to modify the City's standard contract indemnification language and include a paragraph regarding non -solicitation of contractor's employees as recommended by the settlement committee. (13) June 5, 2000 - Council/Agency Minutes - Page 13 (City Council) Approved Project Plans and Specifications — Authorized Advertisement for Bids for Bluff Top Park Railing Replacement Project; CC-1134 at 9th and Goldenwest Streets — Approved Sample Contract (600.65) — 1. Approved attached project specifications and authorized the Director of Public Works to request construction bids for the replacement of existing railing along the Bluff Top Park, CC-1134; and 2. Approved attached sample contract subject to award of the contract to the lowest responsible/responsive bidder. (City Council) Approved Orange County Transportation Authority (OCTA) Combined Transportation Funding Program (CTFP) Eligibility - Adopted Resolution No. 2000-51 — (Amends Resolution No. 99-48 Adopted 7/6/99) (320.40) — Adopted Resolution No. 2000-51 - "A Resolution of the City Council of the City of Huntington Beach Amending the Seven -Year Capital Improvement Program and Approving the Submittal of Transportation Improvement Projects to the Orange County Transportation Authority for Funding Under the Combined Transportation Program"and amended City Resolution 99-48 to include one additional transportation improvement project (Goldenwest-PCH Intersection). (City Council) Approved Professional Services Contract with Black & Veatch for Design and Construction Support Services for Water Well Sites Nos. 6, 7, 9 and 10 - Chlorine Containment, CC-1133 —Approved Modifications to Insurance Liability Requirements (600.10) —1. Approved staff recommendation to select Black & Veatch as a sole source to perform the design and construction support for water well chlorine containment; and 2. Approved recommendations from the Insurance Settlement Committee to modify the hold harmless condition; and 3. Approved the Professional Services Contract Between the City of Huntington Beach and Black & Veatch Corporation for Preparation of Design Documents for Well Sites #6, #7, #9, and #10 and authorized the Director of Public Works to expend up to $100,000 to cover contract costs of $73,800, an estimated contingency of $16,200 and supplemental expenditures of $10,000; and authorized the Mayor and City Clerk to execute said contract; and 4. Authorized the Director of Administrative Services to appropriate $100,000 from the undesignated Water Fund balance to the project account. (City Council) Accepted Bid and Award Construction Contract to SSC Construction Inc. for the Shields Storm Drain Pump Station CC-584 — (n/o Warner Avenue, s/o Heil Avenue, elo Springdale Street, and w/o Edwards Street) (600.60) —1. Accepted the bid submitted by SSC Construction, Inc. 2073 Railroad Street, Corona, CA 91720, and awarded SSC Construction, Inc. the contract as the lowest responsible/responsive bidder; and 2. Authorized the Mayor and City Clerk to execute the contract for the Shields Pump Station project for a total bid amount of $1,856,664; and 3. Authorized the Director of Public Works to expend $2,331,664 to cover the contract cost of $1,856,664; estimated construction change orders of $375,000, and anticipated supplemental expenses of $100,000; and 4. Authorized the Finance Director to appropriate $900,000 from the Drainage Fund for the project. (City Council) Accepted the Arterial Highway Rehabilitation Project CC-1110 — (Warner Avenue from Newland Avenue to Magnolia Avenue and Brookhurst Street from Adams Avenue) and Filed a Notice of Completion — Sully -Miller, Inc. (600.50) - Accepted the Arterial Highway Rehabilitation Project CC-1110 at a final cost of $654,545.71, and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. (14) June 5, 2000 - Council/Agency Minutes - Page 14 (City Council) Approved Amendment No. 3 to Professional Services Contract with JR Consulting Engineers, LLC, for Interim Traffic Engineering Services — (Thomas Brohard, Director of Operations) (600.10) — Approved and authorized the Mayor and City Clerk to execute Amendment No. 3 to the Professional Services Contract Between the City of Huntington Beach and JR Consulting Engineers, LLC, for Interim City Traffic Engineer Services. (City Council) Approved Grant of Easement Deed from the City to Southern California Edison Company for Electrical Service at the Edwards Fire Station No. 6, APN 110-017-47 (650.80) - Approved and authorized the Mayor and City Clerk to execute the Grant of Easement Deed on City -owned land, Assessor's Parcel Number 110-017-47 to Southern California Edison Company. (City Council) Adopted Resolution No. 2000-53 — Amendment to the City's Fee Resolution Pertaining to Community Services Department Fees for 2000/2001 (340.20) —Adopted Resolution No. 2000-53 — `A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 5159, as Amended, Relating to the Community Services Department Fee Schedule (Supplemental Fee Resolution No. 76)." (City Council) Approved the Release of Securities for Tract No. 14177 and Accepted the Public Improvements Developed by Polygon H. B. Assoc., LP (Formerly by Summerhill Constantine, Inc.) at Constantine Drive, 660 ` e/o Beach Boulevard (420.60) - 1. Accepted the improvements constructed and dedicated for public use with Tract No. 14177; and 2. Released Faithful Performance/Labor and Material No. 3 SM 889 854 00 and Monument Bond No. 3 SM 889 853 00 with surety, American Motorists Insurance Company pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted Guarantee and Warranty Bond No. 3 SM 889 854 00; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Polygon Huntington Beach Associates, L.P., of this action and the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action; and 5. Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" with the Orange County Recorder. (City Council) Approved Cooperative Financing Agreement (Standard Agreement) Between the City and the State of California Department of Boating & Waterways — Corps of Engineers H. B. Blufftop Park Storm Damage Reduction Study for FY 2000101 (600.20) Approved and authorized the City Administrator and City Clerk to execute the Cooperative Agreement, the State of California Standard Agreement, between the State of California Department of Boating and Waterways and the City of Huntington Beach granting the City $75,000 in State funding for the local match required for the Corps of Engineers Huntington Beach Blufftop Park Storm Damage Reduction Study for FY 2000/01. (City Council) Approved Contract Agreement with Bottomline Technologies, Inc. for Acquisition of Check and Form Printing Software and Hardware — Phase I of the J. D. Edwards Business System (600.10) —1. Approved and authorized the Mayor and City Clerk to execute Contract Between the City of Huntington Beach and Bottomline Technologies (DE), Inc. for Check and Form Printing Services, for an amount not to exceed $130,000, to purchase check and form printing software and hardware, subject to receipt of a signed contract, including required insurance and upon approval as to form by the City Attorney as to non -substantive changes and in substantially the same form as approved to implement the J. D. Edwards Business System, and 2. Approved City's responsibilities for any claims, liabilities, or damages from (1) infringement or alleged infringement of any patent, copyright, trade secret, trademark, (15) June 5, 2000 - Council/Agency Minutes - Page 15 or other intellectual property or proprietary right as a result of Bottomline's compliance with City's designs, specifications, or instructions; (2) City's breach of any of its obligations in the contract; and (3) City's misuse of the products, all as set forth in Paragraph 8.f of the contract. (City Council) Approved Three -Year Promotional Contract with Chevrolet, "The Official Marine Safety Vehicle of Surf City, Huntington Beach" to Obtain 15 Vehicles — Approved City's Indemnification Obligations (600.10) The City Council considered a communication from the Community Services Director requesting that the city enter into a new three-year promotional agreement with the Chevrolet Motor Division which names Chevrolet as the "Official Marine Safety Vehicle of Surf City, Huntington Beach." Councilmember Sullivan directed his inquiries to Community Services Director Hagan relative to public speaker Chuck Sheid's concerns regarding the additional eight vehicles to be appropriated this year. Community Services Director Hagan clarified that there were a dozen obtained with the last contract, and that this year 15 vehicles are involved with the Chevrolet sponsorship, and five more with a subsequent "Pier Plaza Presents" sponsorship contract. He further stated that the agreement being proposed calls for exclusive rights for Chevrolet to sponsor activities on the beach, but that the vehicles are not just for lifeguards; they can be used at Central Park and other sites. Councilmember Dettloff remarked that she attended the Mother's Day Concert at Pier Plaza, where the exhibits are located along with the booths for the Farmers' Market. Councilmember Dettloff noted that the static Chevrolet display did not detract from the event. A motion was made by Sullivan, second Green to approve the Promotional Agreement with the Chevrolet Motor Division and authorize the Mayor and City Clerk to execute same; and 2. Approve Section 5 of said agreement that includes city's indemnification obligations to GMC, $440,000 each year in vehicle acquisition costs (total $1,320,000 in savings). The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff NOES None ABSENT: Bauer (City Council) Public Hearing Opened and Closed May 15, 2000 — Accepted Findings for Denial for Conditional Use Permit No. 99-31 and Negative Declaration No. 99-11 (Ellis Avenue Single Room Occupancy (SRO) Residential Project —Applicant, James Lu - Amwest Corp. (420.40) The City Council considered a communication from the Planning Director transmitting Findings for Denial of Negative Declaration No. 99-11 and Conditional Use Permit No. 99-31 Ellis Avenue Single Room Occupancy (SRO) Residential Project on which a public hearing was held on May 15, 2000. Councilmember Dettloff requested that her no vote be recorded. She stated that she believes the proposal met all legal requirements. (16) June 5, 2000 - Council/Agency Minutes - Page 16 Councilmember Sullivan inquired of Planning Director Zelefsky if this is the first time that the Single Room Occupancy (SRO) ordinance had been used, to which Planning Director Zelefsky responded in the affirmative. Councilmember Sullivan expressed his concerns. He stated that more than one person in a room is unacceptable, due to the square footage of the rooms in question. Councilmember Sullivan stated that the second issue involves the SRO in Irvine, where he finds the parking standards to be low. Planning Director Zelefsky stated he was concerned with the size of the units as well, and that the standards will be looked at in the future. A motion was made by Green, second Sullivan to approve the following recommended action: Accept Findings for Denial of Negative Declaration No. 99-11 and Conditional Use Permit No. 99-31 (Attachment No. 1)*. ATTACHMENT No. 1* FINDINGS FOR DENIAL NEGATIVE DECLARATION NO. 99-11 CONDITIONAL USE PERMIT NO.99-31 FINDINGS FOR DENIAL - - NEGATIVE DECLARATION NO. 99-11: 1. The City Council finds that the project may have an impact on the adjacent residential neighborhood trough adverse effects of increased traffic and noise and that the project is an incompatible land use in the proposed location due to insufficient parking, increased traffic, an increase in density and intensity and overall building height and design. FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 99-31: Conditional Use Permit No. 99-3 1 for the establishment, maintenance and operation of the 38,390 square foot Single Room Occupancy (SRO) complex will be detrimental to the general welfare of persons working or residing in the vicinity, detrimental to the value of the property and improvements in the neighborhood, and detrimental to surrounding commercial and residential properties because of the following factors: 1) the proposed 106 unit development is too intense due to the density of units, 2) there are not enough controls to enforce the conditions of approval, and 3) the proposed location is inappropriate due to insufficient parking, increased density and intensity, and overall building height and design. 2. As required in Government Code Section 65589.5 (d) (2), the City Council finds that the project will have a specific, adverse impact upon the public health or safety because the rooms are too small for compatible habitation by two people, 81 parking spaces is inadequate for residents, staff members and visitors, and the traffic generated by the project will adversely impact the surrounding Street system and will pose a threat to public safety. (17) June 5, 2000 - Council/Agency Minutes - Page 17 3. The conditional use permit will not be compatible with surrounding uses because the SRO is too intense due to density and will not be harmonious with the existing Town & Country shopping center and adjacent residential uses. The proposed building is not an adequate buffer between the existing commercial center and the adjacent residential fourplex apartment units because the project will increase traffic in the area and the structure is too dense. In addition, the proposed units are inadequate in size for two occupants and insufficient parking is provided on -site for the potential residents. 4. The granting of the conditional use permit will adversely affect the General Plan. As required by Government Code Section 65589.5 (d) (6) the City Council finds the project inconsistent with the Land Use Element designation of CG-F2-d (General Commercial -Maximum 0.5 FAR -special design overlay) on the subject property. Specifically, it is inconsistent with the following goals and policies of the General Plan: The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Bauer NOES Dettloff ABSENT: None (City Council) Approved Library Internet Filtering Software for Adults (100.10) The City Council considered a communication from the Director of Library Services regarding the City Council approval on December 20, 1999 of the use of filtering software on the public access PCs within the children's section. Accordingly, all such Internet access utilizes filtering software that restricts, but does not eliminate, accesses to offensive material. Filtering software is not infallible and objectionable material may still be viewed. The policy gives adequate notice to parents and guardians that the Library has taken measures to reduce offensive material. After approving the Internet policy for minors, the City Council asked staff and the Library Board to study the issues and to look for an Internet provider that provides an adequate screen regarding Internet use for adults. Staff reviewed and analyzed four options ranging from no filtering to the most comprehensive filtering software. Earlier in the meeting, the City Clerk announced that a late communication was received by her office. The communication is an amended page of the slide show presentation submitted by the Director of Library Services on June 2, 2000 for the following: Power Point slide report entitled Adult Internet Access from the Director of Library Services requesting Council direction whether the Library system should have Internet filtering software on adult public access PCs. Director of Library Services Ron Hayden reported on the variety of means to filter, which he stated are essentially for the purposes of restricting access. He stated that dynamic filtering is being recommended by staff. Councilmember Sullivan inquired if the filter can be programmed to unblock, and presented examples of legitimate sites that are blocked; titles with the Roman numeral of 30; for example, which comes up as "XXXs." (18) June 5, 2000 - Council/Agency Minutes - Page 18 Director of Library Services Hayden stated that sites need to report the blocking problem to the Internet, but that the library can unblock locally as well. Discussion was held relative to the proposal for staffing — full-time equivalence versus part-time personnel. The additional staffing issue is presented as an added motion for approval to the staff recommendation of Option No. 4 as shown on the late communication amended page. Mayor Pro Tem Harman requested that the portion of the amended, recommended action on approving filtering and additional staff to be included in the Fiscal Year 2000-2001 budget, to be deferred. City Administrator Silver suggested that Option No. 4 be approved and that staff be directed to return with a report on Internet filtering costs and staffing needs. Concurrence was reached by Council to adopt a motion of intent to approve filtering. A motion was made by Green, second Mayor Pro Tem Harman to approve Option No. 4, dynamic filtering, as the Huntington Beach Public Library's Internet Use Policy for Adults (excluding internet access in the media section). The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo NOES Dettloff ABSENT: Bauer (Garofalo out of the room) (City Council) Direct Staff to Prepare a Measure to be Submitted at the November 7, 2000 General Municipal Election Relative to Removing an Electrical Corporation's Exemption from Paying the City's Utility Tax - (620.20) The City Council considered a communication from the Administrative Services Director requesting Council direction as to whether the City Council should place a measure on the November 7, 2000 ballot removing an electrical corporation's exemption from the City Utility Tax. In 1998, Southern California Edison (SCE) sold the power plant at Pacific Coast Highway and Newland to AES Huntington Beach. Under the terms of the City's Utility Tax (UT) Ordinance, SCE, as an electrical corporation, was exempt from the payment of the tax on its usage of natural gas to generate electricity. Upon transfer of ownership, the City Attorney opined that under the Ordinance, AES was also exempt from payment of the tax because it was still an "electrical corporation", even though it was not subject to PUC jurisdiction. In addition, the City Attorney stated that the removal of this exemption would require a vote of the Huntington Beach electorate under the provisions of Proposition 218. The 5% Utility Tax is paid by all Huntington Beach businesses and residents. Since AES is now a privately run utility, with power sold on the open market and not directly to Huntington Beach residents, AES should pay the Utility Tax on the same terms as other Huntington Beach businesses. It is estimated that approximately $1.2 million in Utility Tax revenue will be generated based upon the plant's current natural gas consumption. Earlier in the meeting, the City Clerk announced that the following Late Communication had been received on this item: Administrative Services Director John Reekstin presented a Power Point slide report dated June 5, 2000 from the Director of Administrative Services titled Imposition of Utility User Tax on AES Power Plant. (19) June 5, 2000 - Council/Agency Minutes - Page 19 Discussion was held relative to the measure, including questions regarding the 2/3 vote requirement. The City Clerk responded to questions relative to the proposed advisory vote and deadlines for placing the measure on the ballot. City Administrator Silver submitted the suggestion that the language on the Advisory Vote Only measure emphasize that this utility tax would not be passed on to the citizen. A motion was made by Sullivan, second Julien to direct staff to prepare a measure for submission to the voters at the November 7, 2000 General Municipal Election to amend the Huntington Beach Municipal Code to remove an electrical corporation's exemption from paying the City's Utility Tax; and direct staff to prepare an alternative wording on Advisory Vote Only measure for return at the July 5, 2000 Council Meeting for submission to the voters at the November 7, 2000 General Municipal Election as to whether the revenue from the Utility Tax paid by an electric power plant should be used for capital improvement projects. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Garofalo, Green, Dettloff NOES None ABSENT: Bauer (City Council) Deferred Introduction of Ordinance No. 3469 — To Amend HB Municipal Code Relating to Public Nudity and Deferred Introduction of Ordinance No. 3470 —To Amend HB Municipal Code Relating to Penalty for Sexual Oriented Business Regulations Violations (640.10) — By concurrence of all present (Bauer — absent), the following item was deferred to the June 19, 2000 meeting: 1. Deferred introduction of Ordinance No. 3469 after reading by title by the City Clerk — `An Ordinance of the Huntington Beach Municipal Code Amending Chapter 9.36 Relating to Public Nudity;"and 2. Deferred introduction of Ordinance No. 3470 after reading by title -by, the City Clerk — "An Orvir)anc6 of the City of Huntington Beach Amending Chapter 5.70 of the Huntington Beach Municipal Code Relating to Penalty for Violation of Regulations and Requirements of Sexual Oriented Businesses" limiting enforcement of sex oriented business regulations to civil remedies. (City Council) Adopt Resolution No. 2000-52 Requesting the California League of Cities to Adopt a Draft Resolution Regarding Non -Point Source Pollution (520.30) The City Council considered a communication from Councilmember Green submitting the following Statement of Issue: Over the past year, coastal Orange County cities have become increasingly aware of the fact that non -point source pollution is a state-wide problem which can only be resolved through the cooperation and actions of all cities and their residents. As a member of the California League of Cities Division Resolutions Committee, Councilmember Green is recommending that the City Council approve the following resolution. (20) June 5, 2000 - Council/Agency Minutes - Page 20 A motion was made by Green, second Dettloff to adopt Resolution No. 2000-52 — "A Resolution of the City Council of the City of Huntington Beach Requesting the California League of Cities to Adopt the Draft Resolution Regarding Non -Point Source Pollution;" and 2. Direct the City Administrator to submit said resolution to the Resolutions Committee of the Orange County Division of the California League of Cities. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Garofalo, Green, Dettloff NOES None ABSENT: Bauer Adjournment — City Council — Redevelopment Agency The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Friday, June 9, 2000, at 2:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. City Clerk and ex-officio Clerk ofthe City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: City Clerk -Clerk Mayor -Chairman