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HomeMy WebLinkAbout2001-05-21Minutes City Council/Redevelopment Agency City of Huntington Beach 5:00 P.M. - Room B-8 7:00 P.M. - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, May 21, 2001 An audiotape of the 5:30 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 — 5:00 P.M. The City Clerk called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. No members were present as a quorum was not expected until 5:30 p.m. Recess The City Clerk called a recess until 5:30 p.m. when a quorum of Council was to be present. City Council/Redevelopment Agency Meeting Roll Call Present: None Absent: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer Call to Order — 5:30 P.M. Mayor Pro Tern Cook called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m. in Room B-8. City CouncillRedevelopment Agency Meeting Roll Call Present: Green, Boardman, Cook, Dettloff, Bauer Absent: Julien Houchen, Garofalo (City Council) Study Session -- Received Presentation of Annual Financial Audit and Comprehensive Annual Financial Report Overview for Year Ending September 20, 2000 (300.20) The City Council considered a communication received from the Administrative Services Department regarding the annual financial audit conducted by Diehl, Evans & Company, LLP and an overview of the Comprehensive Annual Financial Report for the year ended September 30, 2000. The communication is a PowerPoint presentation submitted to the City Clerk's Office on May 21, 2001. The slide show report is titled Independent Financial Audit. (2) May 21, 2001 - Council/Agency Minutes - Page 2 The Administrative Services Department distributed the following Late Communications during the study session: Communication titled City of Huntington Beach, California — Comprehensive Annual Financial Report for the Year Ended September 30, 2000. Communication titled Responses to Management Letter from Diehl, Evans and Company — Fiscal Year 1998199. Communication from Director of Administrative Services Clay Martin to the City Council dated May 18, 2001 re: Staff Responses to Management Letter from Diehl, Evans and Company. Administrative Services Director Clay Martin provided a brief oral report. Director Martin informed Council that present were Shari Freidenrich, City Treasurer; Nitin P. Patel, Certified Public Accountant, Diehl, Evans & Company, LLP; as well as two members of his Finance Division staff: Dan Villella, Finance Director and Robert Sedlak, Principal Accountant. Finance Director Dan Villella presented the PowerPoint slide report titled Independent Financial Audit, informing Council that the format of the audit does not change greatly from year to year. Director Villella stated that the change would only occur on the accounting portion of the audit whether prepared on Legacy or the new JD Edwards software. Finance Director Villella spoke regarding the city's status of having received what is technically known as an "unqualified opinion." He stated that this rating, which the city has received for the last twenty years, is the one to strive for, describing the four types of opinions used for auditing purposes. Director Villella pointed to Page XV of the Late Communication titled Comprehensive Annual Financial Report showing the "Certificate of Achievement for Excellence in Financial Reporting Presented to the City of Huntington Beach for Fiscal Year ended September 30, 1999." He stated that only 42 cities in all of California have received this distinction. Finance Director Villella turned to the Late Communications relative to the Management Letter from Diehl, Evans, and Company, informing Council that the Management Letter is also boilerplate. He stated that staff concurs with all of the responses from the audit company and spoke on the issue of cash reconciliation. City Administrator Ray Silver directed attention to the Late Communications, which details the staffs responses to the Management Letter regarding this matter. Finance Director Villella stressed the need to expend more quickly the city's excess amount in the area of grant funds. Councilmember Green inquired regarding the correlation between the city's ability to borrow money at reasonable rates and bond ratings, to which Finance Director Villella confirmed that there is a direct relationship. Administrative Services Director Martin added that a meeting is scheduled with Moody's to address this issue and that the goal is to maintain the highest rating. (3) May 21, 2001 - Council/Agency Minutes - Page 3 Principal Accountant Sedlak informed Council that different ratings are found on Page XI of the Audit Report, naming two of the legal entities of which financial activities the city controls: the Huntington Beach Civic Improvement Corporation and the Huntington Beach Public Financing Authority. Councilmember Boardman inquired as to which grant programs have a deficit. City Administrator Silver responded that he will provide a list. City Treasurer Freidenrich clarified the reason why it appears there are grant deficits. Councilmember Bauer expressed concerns regarding checks and balances; security taken to deter opportunities for embezzlement, such as that which could potentially occur with cash revenue generated from parking Finance Director Villella assured that the fully automated JD Edwards system with its segregation of duties has sound preventative measures in place. City Treasurer Freidenrich stated that she is going to provide Councilmember Bauer with information on additional security controls used by her department. Councilmember Bauer addressed the issue of monies outstanding, inquiring if there is a sophisticated, aggressive procedure to capture monies owed the city. City Treasurer Freidenrich stated that the issuance of administrative citations is one such form of collection. Councilmember Bauer proposed that a comparison be made with cities that are considered to manage their grant programs well. Councilmember Bauer commended the presenters for a good report. City Administrator Silver also recognized staff and the CPAs from Diehl, Evans & Company, LLP. He commended city staff for the 200% increase in grant revenue. He stated that the city is getting more than any other city, which is the reason for the higher budget amount. Motion to Recess to Closed Session —Approved A motion was made by Green, second Boardman to recess to Closed Session on the following item. The motion carried by the following roll call vote. AYES: Green, Boardman, Cook, Dettloff, Bauer NOES: None ABSENT: Julien Houchen, Garofalo (City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is In the Matter of AES Huntington Beach Generating Station Retool Project Application for Certification, before the California Energy Commission, Docket No. 00-AFC-13. (120.80) Reconvened City Council/Redevelopment Agency Meeting — 7:14 P.M. City Attorney's Report of Action Taken by the City Council in Closed Session (Pursuant to Government Code §54957.1(a) (3) (B)) — Re: AES Huntington Beach Generating Station (4) May 21, 2001 - Council/Agency Minutes - Page 4 Retooling Project Application for Certification before the California Energy Commission (120.80) City Attorney Gail Hutton announced that on Monday, May 21, 2001 the City Council convened in closed session to discuss the AES Huntington Beach Generating Station Retooling Project, Docket No. 00-AFC-13. The City Council voted not to appeal the California Energy Commission (CEC) decision. The city will continue to monitor for air quality controls. The motion carried unanimously, with Julien Houchen and Garofalo absent. City Council — Redevelopment Agency Roll Call Present Green, Boardman, Cools, Dettloff, Bauer Absent Julien Houchen, Garofalo Flag Ceremony and Pledge of Allegiance — Girl Scout Brownie Troop 231, 3`d Grade, Hopeview School, Huntington Beach. Sandy Smallshaw, Leader. City Clerk Announced Late Communications Which Pertain to Items on the Agenda Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following Late Communications regarding agenda items that had been received following distribution of the agenda: PowerPoint presentation submitted by the Administrative Services Department to the City Clerk's Office on May 21, 2001 and titled Independent Financial Audit. Communication titled City of Huntington Beach, California — Comprehensive Annual Financial Report for the Year Ended September 30, 2000 prepared by Diehl, Evans & Company, LLP. Communication titled Responses to Management Letter from Diehl, Evans and Company — Fiscal Year 1998199. Communication from Director of Administrative Services Clay Martin to the City Council dated May 18, 2001 re: Staff Responses to Management Leifer from Diehl, Evans and Company. Communication dated May 21, 2001 from Don and Marilyn MacAllister transmitting their request to City Council for continued support of the Huntington Beach Playhouse original contract. Communication titled Huntington Beach Playhouse. PowerPoint slide report from the Administrative Services Department titled Main Promenade Parking Structure — Financial Summary. PowerPoint slide report from the Community Services Department titled Community Services Department Recommended Fees. Corrected page no. 50 of the Huntington Beach Police Officers' Association Memorandum of Understanding submitted by the Administrative Services Department to the City Clerk's Office on May 21, 2001. (5) May 21, 2001 - Council/Agency Minutes - Page 5 PowerPoint presentation dated May 21, 2001 from the Public Works Department titled Water Quality Funding — State Proposition 13 — Approved Huntington Beach Projects. Presentation --- By Mayor Pro Tern Debbie Cook, Ron Hagan, Community Services Director; and Jay Kreitz, Community Services Commission Chairman, Community Services Commission grant allocations to various youth groups for the 2001/02 fiscal year. The following groups are: Edison High School Baseball Booster Club $8,930 Huntington Beach Girls Softball $6,000 Huntington Valley Little League $11,000 Marina Girls Outdoor Sports $8,000 Robinwood Little League $3,500 Seaview Little League $60,100 South Coast Soccer Club $9,950 Presentation — By Mayor Pro Tern Debbie Cook, Councilmember Shirley Dettloff, and Shirley Carey, Children's Needs Task Force Chair, a $100 savings bond to each of the 17 winners of the Huntington Beach American Youth Character Awards. Winners are: Allison Andrews Huntington Beach High School Cameron Argon Harbour View School Steve Beltramo Eader School Ashlee Blake Edison High School Bethanie Blake Perry School Mikey Butler JR Peterson School Cara Chlebicki Marina High School Joshua Chu Clegg Elementary Kalynn Haynes Kettler School Marianne Huntley Mesa View School Danielle Miller Mesa View School Lauren Ott, Mother of Nikki Ott (Deceased) Perry School Carlee Panlilio Oka Elementary Ben Pickens Brethren Christian School William Nicholas Sahagen Eader School Benjamin Sonne Sowers Middle School Matthew Taylor Hope View Elementary School Presentation — By Mayor Pro Tern Debbie Cook, Ron Hagan, Community Services Director; Bill Fowler, Superintendent, Recreation/Human Services; and Betsy Crimi, Human Services Coordinator, proclamations to the COAST (Council on Aging Senior Team) Volunteer drivers, for the Senior Transportation Program who provide door-to-door service to 1,200 seniors in this (6) May 21, 2001 - CouncillAgency Minutes - Page 6 community on a monthly basis. Trips are made to medical appointments, grocery shopping, Rodgers Senior Center for classes, lunch and special events. Volunteers are: Terry Beal John McGrew John Bidol John Riley Eric Bonem Lee Sandusky Howard Boyer Sidney Simon James Cannia Phil Smith Else Chubinski David Strickland Mickey Clifton Steve Tarnay Ernie Cushing Mary Ann Turner Frances Gebhardt Bob Wilcox Linda Higbee Jim Zimmerman Ralph Macchia The Mayor's Award was presented by Mayor Pro Tern Cook to Jeannette K. Stephen, Senior Outreach, Transportation Dispatcher, Community Services Department. (City Council) Announcement of Memorial Day Services Ceremony at City Hail, 2000 Main Street on May 28, 2001 (11:00 A.M. to 12:00 Noon) (160.10) Mayor Pro Tern Debbie Cook invited everyone to attend the Memorial Day Services to be held at City Hall on Monday, May 28, 2001 from 11:00 a.m. to 12:00 noon. Public Comments Anne Jean Spiegel requested that Heil Avenue not be segmented on speed limits. She requested that 35 miles per hour be reinstated from Saybrook Lane to Newland Street for the safety of school children. Ms. Spiegel spoke in favor of a reconsideration of Ordinance No. 3495 on this evening's agenda be taken to do this. B. J. Smith, Senior Friends member, spoke regarding his organization's opposition to the proposed increase in the Huntington Beach Playhouse lease and suggested the donations of land to build the playhouse. Lloyd Skaggs, Huntington Beach Playhouse Board of Directors member, spoke in opposition to the proposed Playhouse lease increase. Mr. Skaggs stated that the inclusion of the Huntington Beach Playhouse was a condition of approval of the library facilities by a previous City Council. Catherine Stip, Board of Directors, Huntington Beach Playhouse, stated disapproval of the Library Board's vote to increase the Playhouse rent from $30,000 to $130,000. Ms. Stip requested that the 2002 proposal for the lease remain at the status quo for three years. Don MacAllister, former Mayor and member of the Huntington Beach Playhouse, referred to the multi -year contract held by the theater. Mr. MacAllister stated that Council cannot deny the previous agreement, and requested the return of the RCA (Request for Council Action) to the Council Committee. (7) May 21, 2001 - Council/Agency Minutes - Page 7 Patti Wiebe, Board of Directors, expressed her enjoyment of the Playhouse. Ms. Wiebe spoke regarding the many hours each performance requires of board members and volunteers. Ms. Wiebe requested Council's assistance in this matter. Phil de Barros, President Emeritus of the Huntington Beach Playhouse, spoke in opposition to not -for -profit organizations' reporting requirements. Mr. de Barros expressed his belief that other nonprofits should not be subjected to this imposition because of the disagreement involving the Huntington Beach Library and the Playhouse. Dawn Conant, 21-year Huntington Beach resident and a member of the Playhouse Board of Directors, spoke regarding the theater's lease renewal negotiations. Ms. Conant stated that as a business person, she would like to caution Council not to rely on flawed methodology and the inaccuracy of calculations in the square footage used to determine the amount of rental charges for the Playhouse. Don Stanton, Treasurer, Huntington Beach Playhouse, concurred with the previous speaker, Ms. Conant, stating that the square footage calculations of the theater are grossly inflated. Mr. Stanton inquired if the city is in the business of running nonprofits, that a disinterested third party handle the lease negotiations. Bill Verhaegen, Board of Directors, Huntington Beach Playhouse, informed Council of the background history of the theater. Mr. Verhaegen spoke regarding the first half of 1998, during which time he stated that it was agreed upon that the lease would run for five years. Bettie Muellenberg, President of the Huntington Beach Playhouse Board of Directors, informed Council that the library bond approval was based on the theater being included. Ms. Muellenberg stated that the Playhouse had contracted a quid pro quo agreement to partner with the city and pay off the theater construction debt; that payment is not based on square footage but on debt repayment. Ray Buffer informed Council that he is a new member of the Huntington Beach Playhouse Board of Directors. He requested that Council remain open-minded during the debate between the Library Board and the Playhouse. Mr. Buffer spoke in oppostion to the square footage calculations as vastly exaggerated. Anna Fluck, Huntington Beach Playhouse Board of Directors member, spoke in favor of the volunteer programs coordinated by the city and nonprofit organizations. Ms. Fluck stated that the high quality of life will be destroyed by the approval of the proposed lease negotiations. John F. Ott spoke regarding his daughter's death from an inoperable brain tumor. He questioned a possible cluster of incidents in Southeast Huntington Beach involving chemical dumping, which he thinks may be attributable to the spread of cancer. Mr. Ott referred to the posthumous American Character Award received by Mrs. Ott at the Presentations portion of the Council meeting on behalf of their late daughter Nikki Ott. Virginia Sims promoted the institution of a "Firemen Appreciation Day," stating reasons why all public safety employees deserve hazard duty pay. Joey Racano spoke in opposition to the Orange County Sanitation District sending sewage to the ocean. He expressed the belief that the District should comply with the Federal Clean (8) May 21, 2001 - Council/Agency Minutes - Page 8 Water Act by switching to the secondary treatment as a cleaner method of wastewater treatment. Mr. Racano stated his disapproval of the Section 301-H waiver granted to the O. C. Sanitation District and the hot water discharges from the AES Huntington Beach power plant. Don McGee stated his discontent with practices used by the electric power industry in increasing fees by price gouging, which he stated is being misrepresented as fair market value. Mr. McGee spoke regarding the benefits of solar and wind -driven energy resources used by such countries as Germany and Japan. Sandra Cole, Mobile Home Advisory Board member, protested the earth -moving activities being conducted by the contractor working on the city Beach Maintenance Facility near the Huntington -by -the Sea Mobilehome Park. Ms. Cole stated that the stockpiling of dirt is causing damage to mobilehomes, and submitted photographs of the site. Steve Gullage, President of the Huntington Beach Mobile Home Owners Association (HBMOA) and State President of the Golden State Mobile Home Owners League (GSMOL) informed Council that he is continuing Ms. Cole's comments to lodge complaints against the Beach Maintenance Facility. He expressed what he perceives as the city's lack of concern for the plight of mobilehome owners. Mr. Gullage informed Council of a resident meeting the following Thursday evening at the Huntington -by -the -Sea Mobilehome Park Clubhouse. City Administrator Silver announced that Public Works Department staff plans to meet with Councilmember Boardman to discuss the alleged damages to the mobilehomes reported by Ms. Cole and Mr. Gullage. James Burgard, 41-year Huntington Beach resident, informed Council that he is the proprietor of a physical therapy clinic at Old World Village. He requested that CUP (Conditional Use Permit) conditions be enforced at the site relative to housing and parking issues. Mr. Burgard spoke regarding the need for a Code Enforcement Officer in this area. Norm Westwell requested that the prohibition of placing signs up no more than 24 hours ahead of time at the 4 h of July Parade be discontinued for a lack of an ordinance to that effect. Mr. Westwell requested that Safe & Sane fireworks be allowed, including the city fireworks display at Huntington Beach pier rather than at the current school location as the pier is surrounded by water. Donna Burgard added signage problems to those mentioned by a previous speaker, Mr. Burgard regarding the need for code enforcement at the Old World Village complex. She inquired if the city has approved the reciprocal parking agreement, asking if it has been recorded. Ms. Burgard described a triad of buildings that she believes to be situated poorly with regard to ingress and egress from the parking lot. Carmela McMartin Rodriguez stated reasons why she believes her traffic stop by the police was an instance of racial profiling. Joe G. Former expressed his belief that the residents of his area are being randomly issued tickets for parking in the alley. He stated that he would like Municipal Code Chapter 10.48.110 on alley parking updated to preserve emergency vehicle access needs, while ensuring that people will be treated equally and apartment residents not singled out. (9) May 21, 2001 - Council/Agency Minutes - Page 9 Cathy Green informed Council that she is a Huntington Beach Playhouse season ticket holder. She inquired what impact the decision on the Playhouse will have on all nonprofits and whether or not they have been notified. Ms. Green recommended that the proposal be returned to the Council Committee pending input from the other nonprofit corporations. Beverly Gross stated that as a staunch supporter of the Huntington Beach Playhouse, she is asking Council to reconsider the lease proposal to include the information given by the previous speakers regarding raising the rent. She spoke in opposition to the proposed fee increase as she believes it will be to the city's detriment. Ms. Gross suggested the raising of revenues from large corporations and businesses that have come to the city. Ron Davis furnished reasons why the city's proposed policy for nonprofit entities is reasonable, but stated however, that he concurs with the Huntington Beach Playhouse request for a third party study of fair market value. Cynthia Doe informed Council that as a dedicated volunteer of several boards she is concerned with the implications of the agenda item on the Huntington Beach Playhouse. She directed Council's attention to a book on accounting that she considers invaluable as an educational tool for nonprofits. Ms. Doe spoke in support of the agenda item requesting Council's approval of the MOU (Memorandum of Understanding) between the city and the Huntington Beach Police Officers' Association. (City Council) Approved Ad Hoc City Council Committee Recommendations for Standard Lease Provisions between City and Nonprofit Organizations (100.10) The City Council considered a communication from the Ad Hoc Standard Lease Provisions Committee Chair, Councilmember Peter Green, and Councilmember Connie Boardman and Mayor Pro Tern Debbie Cook submitting 10 recommendations for standard lease provisions for leases between the city and Huntington Beach nonprofit organizations. The ten recommendations are set forth in the staffs RCA (Request for Council Action) and relate to: (1) City Council approval of all nonprofit leases required; (2) Lease duration; (3) New leases/expiration of existing leases; (4) Legal requirements; (5) City direct/ indirect funding; (6) Nonprofit payment to city; (7) City subsidy; (8) Business plan; (9) Recoverylremedial plan; and (10) Fund augmentation. Council Committee Chair Green, Mayor Pro Tem Cook and Councilmember Boardman delivered oral reports. Councilmember Green provided the background of the proposed lease provisions. He named the other three affected nonprofit agencies as the Youth Shelter, the Boys and Girls Clubs, and the International Surring Museum. Councilmember Green clarified that the purpose of the agenda item before Council is to approve a generic policy for nonprofits. He informed Council that he is not ready to vote until a subsequent meeting is scheduled regarding recommendation No. 8 on the requirement for the submittal of a business plan. Discussion followed regarding the issue of fair market value. (10) May 21, 2001 - Council/Agency Minutes - Page 10 A motion was made by Boardman, second Dettloff to approve the Ad hoc Committee's Recommendation Nos. 1-10 regarding standard lease provisions between the City and Huntington Beach nonprofit organizations as follows and as listed in the analysis section of the RCA (Request for Council Action) and direct staff to include these provisions in all such nonprofit preferential leases 1 through 10: 1. City Council Approval -All nonprofit leases with the City must have formal approval by the City Council. 2. Lease Duration - Lease duration (i.e. 1 year, 3 year, 5 year, etc.) will vary based on the unique conditions such as city subsidy, nonprofit finances, land lease, etc. The Liaison Department (the Department responsible for interacting with the nonprofit) and the Real Estate Division will recommend the lease duration based on the evaluation of standard lease provisions as pertaining to the nonprofit. 3. New Leases/Expiration of Existing Leases — City Council approved standard lease provisions with nonprofits will be required for all new leases. These provisions will be included for existing leases with future expiration either upon expiration or by mutual agreement between the nonprofit and the City. 4. Legal Requirements - All nonprofit leases with the City must be submitted for verification to the Liaison Department with all necessary legal requirements. These include annual nonprofit state and federal tax status, valid insurance and other requirements as determined by the City Attorney. 5. City Directlindirect Funding - Liaison Department and Administrative Services Department (Real Estate Division) will determine if the City is expending funds for the nonprofit organization. These expenditures can derive directly from the General Fund (or other City funding source) or indirectly through staff time and administration. The following are examples of expenditures: A. Direct. Budgeted within the City's General Fund or other City funding source (i.e. Enterprise Fund) such as staff, maintenance, utilities, equipment replacement, capital improvement, carpeting and remodeling, etc. B. Indirect. Providing space, staff time and administration. 6. Nonprofit Payment to City - Does the City receive payment from the nonprofit as a result of the City's related direct or indirect costs? Liaison Department and Administrative Services Department (Real Estate Division) will determine the following: A. If City receives payment from the nonprofit, does payment recover City's cost? B. If not, how are nonprofit program costs recovered? 7. City Subsidy- Annual Audited Financial Statement— If the City provides financial subsidy (either directly or indirectly), the nonprofit is required to annually submit to the Liaison Department and the Real Estate Division an annual audited statement or certified copy of State and Federal Tax returns. The City will review the nonprofit's financial statement or tax returns to assist in determining the financial solvency of the nonprofit. This review may analyze such activities as revenues, expenses, amortization, capital and balances. (11) May 21, 2001 - Council/Agency Minutes - Page 11 8. Business Plan -- Business Plan Requirements for Preferential Terms with Nonprofit Organizations (See Attachment No. 2). All nonprofit organizations will be required to submit a Business Plank substantially in the same form, as approved by City Council. The Business Plan will be the basis for the City Council to value the community benefits vs. the public subsidy and to understand when that subsidy will no longer be authorized to amend or add Business Plan requirements to meet the intent of City Council. The nonprofit organization shall be required to update their Business Plans annually to reflect any changes. All Business Plans and subsequent modifications must be accepted in writing by the Real Estate Division and the Liaison Department. 9. Recovery/Remedial Plan — If the nonprofit organization fails to meet its stated goals and objectives in any one quarter period, the Real Estate Services Division and the Liaison Department shall be required to meet with the nonprofit to establish a Recovery Plan that will delineate how the organization will take the appropriate steps to regain and fulfill the commitments established in the filed Business Plan. The nonprofit will have six (6) months from the date instituted by City staff to complete the Recovery Plan. If after the recovery period has lapsed and the nonprofit has still failed to meet its Business Plan, then the lease agreement will be subject to any action deemed appropriate by City Council including, but not limited to, termination of the agreement. 10. Fund Augmentation — If the City is providing nonprofit subsidy, the City should encourage the nonprofit to increase or augment its revenue. These programs can be evaluated annually, along with the business plan, to evaluate reducing the City's subsidy. The following are suggested programs to augment nonprofit funding: A. Establish a foundation or other such nonprofit fundraising group. B. Develop fundraising programs. C. Charge appropriate fees to assist in reducing subsidy. D. Apply for grants. E. Solicit corporate sponsors. F. Create funding sources to establish or maintain capital and equipment replacement. City staff shall include in all preferential leases a section that encapsulates the above stated requirements. The motion carried by the following roll call vote: AYES: Boardman, Cook, Dettloff, Bauer NOES: Green ABSENT: Julien Houchen, Garofalo (City Council) Approved City Council Position on Legislation Pending Before the State Legislature and Congress as Recommended by the City Council Intergovernmental Relations Committee — SB 832 — Polanco (Bingo Games) (640.90) The City Council considered a communication from Councilmember Shirley Dettloff, Chair, Mayor Pro Tern Debbie Cook, and Councilmember Ralph Bauer, Council Liaisons to the Intergovernmental Relations Committee, informing Council of the need to authorize the Mayor to (12) May 21, 2001 - Council/Agency Minutes - Page 12 communicate the City of Huntington Beach's support for or opposition to legislation currently pending before the elected members of the Federal or State Governments. The City Council Intergovernmental Relations Committee at its meeting reviewed Senate Bill 832 and is recommending that the City Council take a position in support and authorize the Mayor to send letters reflecting the City Council position to the legislators. Council Committee Chair Dettloff presented a brief oral report. A motion was made by Dettloff, second Bauer to support SB 832 (Polanco) — Bingo Games — which would establish new criteria for operating bingo games for charitable purposes including prohibiting the use of funds raised by a bingo game for charitable purposes outside of California with specified exceptions. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Dettloff, Bauer NOES: None ABSENT: Julien Houchen, Garofalo (City Council) Approved Personnel Commission Reappointments and Appointments as Recommended by the City Council Liaisons — Matthew Hunt -- Daniel Gooch -- Blanche Deight —Accepted the Resignation of Mike Bogen (110.20) The City Council considered a communication from the Administrative Services Director submitting the recommendations of City Council Liaisons (Mayor Pro Tern Cook and Councilmember Green) relative to appointments, reappointment and acceptance of a resignation. A motion was made by Green, second Boardman to approve that the following individuals be appointed to terms on the Personnel Commission as follows: Matthew V. Hunt (Reappointment) 4 Year Term 07/01/01 through 06/30/05 Daniel P. Gooch 4 Year Term 07/01/01 through 06/30/05 Blanche Delight Unexpired Term 05/22/01 through 06/30/03 Mike Bogen Accept Resignation The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Dettloff, Bauer NOES: None ABSENT: Julien Houchen, Garofalo (City Council) Approved Bylaw Changes and New Appointment of Dean Benson to the Human Relations Task Force as Recommended by City Council Liaisons Shirley Dettloff and Ralph Bauer (110.20) The City Council considered a communication from the City Administrator's Office submitting the recommendation of City Council Liaison members Dettloff and Bauer for a new appointment to the Human Relations Task Force and relative to approval of Human Relations Task Force Bylaw changes. (13) May 21, 2001 - Council/Agency Minutes - Page 13 A motion was made by Dettloff, second Green to: 1. Approve the appointment of Dean Benson to fill the remainder of a term on the Human Relations Task Force to expire 2003 as recommended by City Council Liaisons Shirley Dettloff and Ralph Bauer; and 2. Approve the revised Bylaws of the Huntington Beach Human Relations Task Force. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Dettloff, Bauer NOES: None ABSENT: Julien Houchen, Garofalo (City Council) Public Hearing — Approved Amendment of Community Services Department Fees — Adopted Resolution No. 2001-24 (340.20) Mayor Pro Tern Cook announced that this was the time scheduled for a public hearing to consider a communication from the Community Services Director: The public hearing is for the purpose of amending the city fee resolution for the Community Services Department, specifically, instituting fees for use of the new portions of the City Gym & Pool; removing fees for use of tables/chairs at the Art Center; instituting new fees for Art Center membership; increasing the fee for aquatics classes, special activities, day camps, senior softball; youth sports, field practice lights, junior lifeguard program; senior parking plaza lot; and adding a new fee for a combination beach and Main Promenade Parking Structure parking pass. In addition, the fee for beach and Main Promenade Parking Structure parking passes is being reduced. Community Services Director Ron Hagan presented the PowerPoint report that had been announced earlier by the City Clerk as a Late Communication. The slide presentation is dated May 21, 2001 and titled Community Services Department Recommended Fees. Real Estate Services Division Manager Matt Lamb addressed the financial portion of the public hearing relating to the Main Street Promenade. Real Estate Manager Lamb presented the slide report that was also announced earlier as a Late Communication by the City Clerk. The PowerPoint presentation is titled Main Promenade Parking Structure Financial Summary. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Mayor Pro Tem Cook opened the public hearing. The City Clerk announced that there are no public speakers, and restated for the record the foregoing two late communications as pertaining to this public hearing. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by Mayor Pro Tern Cook. Mayor Pro Tern Cook commented that the beach parking pass was too high at $100 and stated that she supports the proposed decrease to $50. (14) May 21, 2001 - Council/Agency Minutes - Page 14 Councilmember Boardman suggested that the $50 pass proposed as a senior discount for the Main Promenade parking structure be charged across the board so that monitoring would be unnecessary and to avoid abuse. Councilmember Bauer concurred with Councilmember Boardman, stating that his inclination is to also make the fee the same across the board. Real Estate Division Manager Lamb informed Council that the consultant's fee recommendation is calculated at a ratio of a minimum of 12 times (12X) the daily rate. He described the results when a level below the 12X ratio is reached. Real Estate Division Manager Lamb stated that since $50 is less that the 12X ratio, if the fee were to be equalized across the board, the Main Promenade parking structure pass would have to cost $75. Mayor Pro Tern Cook invited Councilmember Bauer to amend the motion by setting forth a request for approval of charges for the Main Promenade parking structure pass at a rate of $35 for seniors and $50 for the general public. Councilmember Bauer decided not to consider an amendment to the main motion (to follow). A motion was made by Bauer, second Dettloff to adopt Resolution No. 2001-24 — `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. 79)." The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer NOES: Boardman, Cook ABSENT: Julien Houchen, Garofalo (City Council) Public Hearing - Adopted Resolution No. 2001-25 Amending Central Library Facility Rental Program Fee Increases (Related to Rental Equipment) (340.20) Mayor Pro Tern Cook announced that this was the time scheduled for a public hearing to consider a communication from the Library Services Director: The public hearing is for the purpose of considering revising current fees related to the Central Library's facility rentals program to establish new fees related to facility rental equipment. A complete schedule of proposed fees is set forth within Exhibit "A" of the resolution on file in the City Clerk's Office and is available to the public upon request after Friday, May 18, 2001. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Library Services Director Ron Hayden delivered an oral presentation, reiterating several issues from the Analysis portion of the staff report. He spoke regarding the donation to the library of china and flatware as items that can be rented out. Director Hayden estimated that this is an additional revenue opportunity of approximately $25,000. Library Services Director responded to Councilmember Bauer's inquiry regarding security provisions informing that inventory checks will be conducted, both before and after rental. (15) May 21, 2001 - CouncillAgency Minutes - Page 15 Councilmember Green asked when the videoconferencing center is going to go online, to which City Administrator Silver responded that this item will return to Council in approximately one year. Mayor Pro Tern Cook opened the public hearing. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by Mayor Pro Tern Cook. A motion was made by Dettloff, second Green to adopt Resolution No. 2001-25 — "A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 5159 Entitled, `A Resolution of the City Council of the City of Huntington Beach Establishing a City Fee Schedule' as to Services, Facilities and Activities Offered Under the Library Services Department (Supplemental Fee Resolution No. 80)" pertaining to the Library Department's Central Library facility and equipment rentals program. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Dettloff, Bauer NOES: None ABSENT: Julien Houchen, Garofalo (City Council) Administrative Public Hearing — Adopted Resolution No. 2001-26 — Approving Certification of Special Assessments for Delinquent Civil Fines for Municipal Code Violations (570.60) Mayor Pro Tern Cook announced that this was the time scheduled for an administrative public hearing to consider a communication from the City Treasurer and the City Attorney as required by the California Government Code Section 38377.5 for the purpose of certifying special assessments against properties where public nuisances have occurred. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Mayor Pro Tern Cook opened the public hearing. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by Mayor Pro Tem Cook. City Attorney Gail Hutton presented an oral report. She stated that the Request for Council certification of recording Notices of Special Assessments against private property for the value of unpaid civil fines, plus interest and penalties, pursuant to Ordinance No. 3397 was adopted by City Council on June 15, 1998. Councilmember Boardman stated that at a previous administrative public hearing she requested a mechanism whereby property owners who are absentee landlords may be identified. She expressed her on -going concern that tenants who are frail and elderly may not have the means or ability to protest their case. Discussion ensued, during which City Administrator Silver responded that he will meet with Councilmember Boardman and appropriate staff regarding this issue. (16) May 21, 2001 - Council/Agency Minutes - Page 16 A motion was made by Bauer, second Dettloff to adopt Resolution No. 2001-26 - `A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for Collection of Delinquent Civil Fines for Municipal Code Violations. " The motion carried by the following roll call vote: AYES: Green, Cook, Dettloff, Bauer NOES: Boardman ABSENT: Julien Houchen, Garofalo Consent Calendar — Item Removed for Separate Discussion The following item was removed from the Consent Calendar for separate discussion: (City Council) Tolling Agreement Between the City and John A. Thomas Re: the Operation of an Oil Pipeline in Ellis Avenue (Between Edwards and Goldenwest Streets (600.10) Consent Calendar — Items Approved On motion by Dettloff, second Green, Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll call vote: AYES: Green, Boardman, Dettloff, Bauer (Cook — NO on Surf Circle Public Art) NOES: None ABSENT: Julien Houchen, Garofalo (City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of April 16, 2001 and regular meetings of May 7, 2001 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. (City Council) Approved Settlement Committee's Recommendations of the Waiver of Self -Insured Retention for Professional Liability for an Under $20,000 Contract with Richards, Watson & Gershon for Legal Services (630.10) —Approved a waiver of $250,000 for the self -insured retention for professional liability insurance as recommended by the settlement committee for professional services agreement to be entered into at a later date between the City Attorney and for which City Council approval is not necessary as the agreement cost is not to exceed $20,000. Submitted by the City Attorney. Funding Source: General Fund, Contract Legal Services Account not to exceed $20,000. (City Council) Approved Settlement Committee's Recommendation of a Waiver of Self - Insured Retention for Professional Liability for an Under $20,000 Contract with Musick Peeler and Garret for Legal Services (630.10) —Approved a waiver of $250,000 for the self - insured retention for professional liability insurance as recommended by the Settlement Committee for professional services agreement to be entered into at a later date between the City Attorney and for which City Council approval is not necessary as the agreement cost is not to exceed $20,000. Submitted by the City Attorney. Funding Source: Self -Insurance Liability, Contract Legal Services Account not to exceed $20,000. (City Council) Adopted Resolution No. 2001-27 Approving Plans and Specifications Prepared by the Orange County Public Facilities & Resources Department and Funded by (17) May 21, 2001 - Council/Agency Minutes - Page 17 the Orange County Flood Control District for 100 Year Flood Control Improvements to the East Garden Grave-Wintersburg and Ocean View Channels (55020) — Approved plans and specifications for the construction of flood control improvements by adopting Resolution No. 2001-27 -- "A Resolution of the City Council of the City of Huntington Beach Approving Plans and Specifications for the Construction of Improvements to the East Garden Grove- Wintersburg and Ocean View Channel from 349 Meters Upstream of Goldenwest Street to 350 Meters Upstream of Gothard Street Including the Confluence with Murdy Channel by the Orange County Public Facilities and Resources Department and Funding by the Orange County Flood Control District" Submitted by the Public Works Director. Funding Source: FEMA grant — $455,000, city match — $106,500 from Drainage Funds. (City Council) Authorized Appropriation and Approved Consultant Agreement with Brown and Caldwell to Perform Environmental Engineering Services in Support of the Christine Drive Methane Gas Anomaly Project — Approved Fund Appropriation — Approved Modification to Insurance Requirements (600.10) —1. Approved and authorized the appropriation of $100,000 from the Undesignated, Unappropriated Fund Balance of the General Fund and transfer to the Fire Department's FY 2000/01 Fire Prevention Professional Services Account; and 2. Approved and authorized the Mayor and City Clerk to execute the Proposal and Professional Services Agreement for Environmental Engineering Services for Christine Drive Gas Anomaly Project Between Brown and Caldwell, Environmental Consultants, and the City of Huntington Beach, in the amount of $46,830; and 3. Approved waiver of Section 8 Standard Indemnification clause as recommended by the Settlement Committee. Submitted by the Fire Chief/Information Systems Director. Funding Source: $100,000 from the Undesignated, Unappropriated Fund Balance of the General Fund to the Fire Department Fire Prevention Professional Services Account. See Fiscal Impact Statement (Attachment No. 1). (City Council) Approved Plans and Specifications and Authorized the Advertisement for Bids for the Yorktown Street Widening Project, CC-1017 — Last Phase -- Approved Sample Contract (600.50) —1. Approved plans, specifications, and authorized the Director of Public Works to request bids for the Yorktown Street Widening project; CC-1017; and 2. Approved the attached sample contract subject to award of the contract to the lowest responsible/responsive bidder. Submitted by the Public Works Director. Funding Source: Measure "M" Funds — approximately $700,000. (City Council) Accepted the Construction Contract Work for the Installation of Emergency Vehicle Pre-Emption (EVPE) Detection at Five Signalized Intersections in Huntington Beach, CC-1108 and Authorized to File a Notice of Completion — Baxter - Griffin, Inc. (600.55) Accepted the construction work for the installation of Emergency Vehicle Pre-Emption (EVPE) Detections, Cash Contract #1108, at the final cost of $99,888.89 and authorized the City Clerk to file a Notice of Completion with the County's Recorder's Office. Submitted by the Public Works Director. 1. Brookhurst Street at Garfield Avenue; 2. Newland Street at Garfield Avenue; 3. Springdale Street at Marina High School; 4. Bushard Street at Yorktown Avenue; 5. Brookhurst Street at Yorktown Avenue. Funding Source: Project budget. (18) May 21, 2001 - Council/Agency Minutes - Page 18 (City Council) Approved Final Conceptual Plans for Surf Circle for the Entry Wall Public Art Element at Beach Boulevard and Pacific Coast Highway — South Beach Phase Improvement Project Presented by Artists Howard & Kathleen Meehan (440.30) Approved final conceptual plans for "Surf Circle" art element in the South Beach Improvement Project presented by artists Howard and Kathleen Meehan. Submitted by the Community Services Director. Funding Source: Previously approved by City Council on September 5, 2000. (City Council) Approved Budget Allocation of State of California — CalTrans Funding to Upgrade Jointly Used Site by Beach Maintenance and CalTrans — Beach Boulevard, slo Yorktown Avenue (320.10) -- Authorized the Director of Administrative Services to make a mid -year budget appropriation to expenditure account 30581004.82800 for $20,000 received from CalTrans for improvements to the Cal Trans yard on Beach Boulevard that is shared jointly by CalTrans and the city's Beach Maintenance Operation. Submitted by the Community Services Director. Funding Source: General Fund Revenue Account — ($20,000 received from CalTrans) allocated to Beach Maintenance Improvement Account. (City Council) Approved Amendment No. 3 to Cooperative Agreement No. C-95-975 Between Orange County Transportation Authority (OCTA) and the City of Huntington Beach — Maintains "Measure M" Funding Eligibility Combined Transportation Funding Programs (CTFP) Bicycle & Pedestrian Funding Program (BPFP) (600.25) — Approved and authorized the Mayor and City Clerk to execute Amendment No. 3 to Cooperative Agreement No. C-95-975 between Orange County Transportation Authority and the City of Huntington Beach. Submitted by the Public Works Director. Funding Source: Not Applicable. (City Council) Approved Contract with Integrated Water Resources, Inc. for Services Re: the Orange County Water District (OCWD) Groundwater Model Advisory Panel (600.10) Approved the Professional Services Contract between the City of Huntington Beach and Integrated Water Resources, Inc. for Services Regarding the Orange County Water District (OC WD) Groundwater Model Advisory Panel, and authorize the Mayor and the City Clerk to execute. Submitted by the Public Works Director and the City Attorney. Funding Source: Water Fund, Other Professional Services, Account No. 50685201.69365. Not to exceed $60,000 for the period November 1, 2000 — October 31, 2001 (with the City of Fountain Valley to pay 1/3 of the bills). (City Council) Adopted Resolution No. 2001-28 —Approving the Memorandum of Understanding (MOU) Between the City and the Huntington Beach Police Officers' Association for October 2, 2000 through September 20, 2003 (720.20) — Approved Resolution No. 2001-28 — "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding between the Huntington Beach Police Officers'Association (POA) and the City of Huntington Beach for October 2, 2000 through September 30, 2003." Submitted by the Administrative Services Director. Funding Source: Current year appropriation of $1,350,280 approved in 2000101 budget, Non - Departmental General Fund Contingency. The annual cost of the current POA agreement is $16.7 million. The cost of the proposed POA agreement is $18.54 million annually. The proposed agreement has an increased cost of $1.83 million annually. (City Council) Approved Expenditure of Funds for Huntington Beach High School Swimming Pool Rebuilding Project (320.10) — Authorized the Director of Administrative Services to transfer $45,101 from the Park Acquisition and Development Fund Professional Services Account into Contractual Services Account for the Huntington Beach High School (19) May 21, 2001 - Council/Agency Minutes - Page 19 Swimming Pool Rebuilding Project, bringing the city's share to be transferred to the Huntington Beach High School District to $836,073. The Park Acquisition and Development Fund will be reimbursed when the city receives its Per Capita allocation of Proposition 12 State Park Bond Act of 2000 funds. Submitted by the Community Services Director. (City Council) Approved Tolling Agreement Between the City and John A. Thomas Re: the Operation of an Oil Pipeline in Ellis Avenue (Between Edwards and Goldenwest Streets (600.10) The City Council considered a communication from the Public Works Director requesting approval of a tolling agreement by and between the city and John A. Thomas relating to the operation of an oil pipeline in Ellis Avenue between Edwards and Goldenwest Streets. Councilmember Bauer requested that this agenda item be removed from the Consent Calendar for separate discussion to inquire if Mr. Thomas has a franchise and if the street is paved. Deputy City Engineer David Webb stated his intent to address Councilmember Bauer's second question first, by reasoning that the purpose of the agenda item is to accomplish the paving. Deputy City Engineer Webb spoke regarding the City Administrator's dialogue with Mr. Thomas relative to the development of the franchise. Real Estate Division Manager Lamb added that staff is undergoing research to see if a franchise is required, in response to Councilmember Bauer's inquiry as to whether Mr. Thomas has prior rights. A motion was made by Bauer, second Dettloff to approve and authorize the Mayor and City Clerk to execute a Tolling Agreement by and between the City of Huntington Beach and John A. Thomas Relating to the Operation of an Oil Pipeline in Ellis Avenue between Edwards and Goldenwest Streets. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Dettloff, Bauer NOES: None ABSENT: Julien Houchen, Garofalo (City Council) Adopted Resolution No. 2001-29 Authorizing the City to Enter into an Agreement with the State of California for Receipt of Proposition 13 Funding for Specified Water Quality Improvement Projects — (Standard Agreement Number 00.169-250-0 and State Contractor's .Certification Form) (600.20) The City Council considered a communication from the Public Works Director requesting adoption of a resolution authorizing the City Administrator on behalf of the city to enter into (1) an agreement with the State of California titled Standard Agreement Number 00-169-250-0; and (2) sign the State's Contractor's Certification form titled CCC201 Certification in order to receive funding appropriate to the city under Proposition 13 for specified water quality projects. Page 3 of the staff report lists these projects with appropriate costs. City Administrator Silver delivered an oral report regarding the Public Works Department and California State Senator Ross Johnson's involvement with the agreement relative to bond revenue funding. (20) May 21, 2001 - Council/Agency Minutes - Page 20 Deputy City Engineer Webb presented the PowerPoint presentation that had been announced earlier by the City Clerk as a Late Communication. The slide show report is dated May 21, 2001 from the Public Works Department and titled Water Quality Funding - State Proposition 13 - Approved Huntington Beach Projects. A motion was made by Green, second Dettloff to adopt Resolution No. 2001-29 - "A Resolution of the City Council of the City of Huntington Beach Authorizing the City Administrator, on Behalf of the City, to Sign an Agreement with the State of California, and also Sign the State's Contractor's Certification Form, by which the City will Receive $4, 000, 000 in Proposition 13 Funding for Specified Water Quality Projects." The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Dettloff, Bauer NOES: None ABSENT: Julien Houchen, Garofalo (City Council) REAFFIRMED City Council Adoption on April 16, 2001 of Ordinance No. 3495 with a New Effective Date of 5130/01 Amending Chapter 10.12 of the H.B. Municipal Code Relating to Speed Limits on Various City Streets and Direct the Public Works Commission to Reconsider Heil Avenue Speed Limit from Saybrook Lane to Beach Boulevard (580.60) The City Council considered a communication from the Director of Public Works and the Chief of Police regarding the matter of the City Council's action on May 7, 2001 meeting to reconsider the April 16, 2001 adoption of Ordinance No. 3495 - "An Ordinance of the City of Huntington Beach Amending Chapter 10.12 of the Huntington Beach Municipal Code Relating to Speed Limits The communication sets forth that the staff believes that the City Council intended to reconsider the speed limit on Heil Avenue near Springdale Street in response to the concerns expressed by a citizen during the Public Comments portion of the last Council meeting, rather than the speed limit adjustment contained in Ordinance No. 3495 on Heil Avenue east of Beach Boulevard. To this end it would be appropriate to reaffirm Ordinance No. 3495, direct the City's Public Works Commission to reevaluate the speed limit on Heil Avenue from Saybrook Lane to Beach Boulevard, and report these findings back to the City Council. Should the City Council decide to arbitrarily reduce the speed limit on Heil Avenue, then radar cannot be used for speed enforcement on that street segment. Councilmember Boardman initiated a discussion relative to radar enforcement. Interim Transportation Manager/Traffic Engineer Tom Brohard informed Council that staff is revisiting the speed limit on Heil Avenue from Saybrook Lane to Beach Boulevard to test the appropriate miles per hour speed limit. Councilmember Boardman inquired how measurement is done, to which Traffic Engineer Brohard responded that a laser gun in an unmarked vehicle is activated during off-peak hours when traffic conditions are not under congestion. (21) May 21, 2001 - Council/Agency Minutes - Page 21 Traffic Engineer Brohard informed Councilmember Boardman of the reason wiry speed limits are set as an average of the speed cars travel on the road. He stated that people drive at their own comfort level and not according to the posted speed limit; therefore if the speed limit were to drop to 35 miles per hour, and if the majority of the cars are travelling higher they will be considered to be speeding. Traffic Engineer Brohard stated that the goal is to provide the police with the opportunity to use radar. A motion was made by Boardman, second Green: 1. After the City Clerk reads by title, to reaffirm Ordinance No. 3495 which was previously requested for reconsideration, with an effective date to be May 30, 2001 --- "An Ordinance of the City of Huntington Beach Amending Chapter 10.12 of the Huntington Beach Municipal Code Relating to Speed Limits," and 2. Direct the Public Works Commission to reconsider the speed limit on Heil Avenue from Saybrook lane to Beach Boulevard, and present its recommendation to the City Council. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Dettloff, Bauer NOES: None ABSENT: Julien Houchen, Garofalo (City Council) Item Withdrawn re: Request for Letter of Support Regarding Assembly Bill 476 (Assemblyman Tom Harman) to be Sent to All Orange County Cities and the O.C. Delegation in Sacramento Re: the Orange County Transportation Authority (OCTA) and Measure M Funds (640.90) The City Council considered a communication received from Councilmember Ralph Bauer transmitting the following Statement of Issue: Request that all Orange County cities and the O.C. Delegation in Sacramento receive the following regarding the City Council's position to Assembly Bill 476, in which Councilmember Bauer had stated that Mike Ward, Chairman of the Orange County Transportation Authority issued a letter stating reasons for his opposition to AB 476 by Assemblyman Tom Harman. Councilmember Bauer requested removal of this item from the agenda, stating that the organization that had initially opposed AB 476 is now in support of the assembly bill. (22) May 21, 2001 - Council/Agency Minutes - Page 22 Adjournment — City Council/Redevelopment Agency Mayor Pro Tern Cook adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 10.50 p.m. to Monday, June 4, 2000, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. City Clerk and ex-officio Cler)fof the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST; dsro� ;t- A4&i- City Clerk -Clerk Mayor -Chairman