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HomeMy WebLinkAbout2002-02-19Minutes 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 Tuesday, February 19, 2002 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. Cali to Order Mayor Cook called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5.00 p.m. in Room B-8. City Council — Redevelopment Agency Roll Call Present: Green, Dettloff, Bauer, Cook, Winchell Absent: Houchen, Boardman (Councilmember Houchen has requested to be absent from the meeting pursuant to City Council Resolution No. 2001-54.) (City Council) Study Session Held — Planning Department Overview of Neighborhood Preservation Program (NPP) — Design, Development and Implementation and Differences between Code Enforcement and NPP (420.20) Neighborhood Preservation Program Manager William Zylla of the Planning Department provided an overview of the City's Neighborhood Preservation Program. The presentation included a brief history of the Neighborhood Preservation Program, the differences between Code Enforcement and Neighborhood Preservation, an outline of key elements of the program, an update of the program's current progress, and an implementation timeline for future program activities. A communication from the Planning Department titled Neighborhood Preservation Program — Design, Development and Implementation was included in the agenda packet and also distributed at the Study Session. A PowerPoint presentation titled Neighborhood Preservation Program Overview was given, along with an oral report by Neighborhood Preservation Program Manager William Zylla. Manager Zylla's overview was divided into three sections as follows: A. History of Huntington Beach Neighborhood Preservation B. Neighborhood Preservation vs. Code Enforcement C. What we're planning, where we are, and where we're going Manager Zylla reported the progress of the Neighborhood Preservation Program since its inception in 1998. He stated that the program was inspired by staff and City Council concerns to improve the decline and blight conditions in some city neighborhoods. (2) February 19, 2002 - Council/Agency Minutes - Page 2 Manager Zylla defined what a code violation is, and how the neighborhood preservation program is a preventative measure against it. He explained rather than enforcing code in a reactive manner, the purpose of the program is to work together with residents in order to build pride in their neighborhoods. Manager Zylla stressed the importance of utilizing code enforcement as a tool, establishing relationships and trust with property owners and tenants. He walked Council through the plan, which he sated has four stages of city support for neighborhood success. Manager Zylla reported the program is progressing well. He provided a specific example that shows the difference between traditional code enforcement versus neighborhood preservation. Mayor Cook inquired if statistics have been documented. Manager Zylla responded that only preliminary results of preservation efforts are available. Councilmember Dettloff inquired if there was a difference in techniques when dealing with citizens residing in multifamily units versus single family units. Manager Zylla answered that the options and approaches are mainly the same, but the venues may be different. He stated that options include using water bill inserts to disseminate information, as educating empowers residents to see priorities for themselves. He stressed that this is the difference between enforcing code versus voluntary compliance. Mayor Pro Tern Bauer complimented the Economic Development Department and thanked City Administrator Ray Silver for the improvement in communication between city departments as a result of the program. He also complimented Police Sergeant Gary Meza for helping diverse people in the neighborhoods communicate with one another. Mayor Pro Tern Bauer commended Senior Administrative Analyst Luann Brunson for her efforts in obtaining housing grants for the Economic Development Department. He also spoke in favor of the implementation by City Attorney Gail Hutton of the Administrative Citation Program. Mayor Pro Tern Bauer asked Planning Director Howard Zelefsky for an update on the Amberleaf Circle area. Director Zelefsky replied the property is being monitored and that he will return to Council with a report of findings. Discussion ensued that changing the name of the street from Commodore is not adequate in order to change the face of the neighborhood. Mayor Pro Tem Bauer presented several suggestions to promote the value of the Neighborhood Preservation Program. Among them was direction to the Public Information Office for an article in Western Cities Magazine. City Administrator Silver reported that there are less than ten cities in California that have a Neighborhood Preservation Program. Council thanked staff for the report. Motion to Recess to Closed Session — Approved A motion was made by Cook, second Bauer to recess to Closed Session on the following items. The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer Cook, Winchell NOES: None ABSENT: Houchen, Boardman (3) February 19, 2002 - Council/Agency Minutes - Page 3 Councilmember Boardman arrived and Councilmember Green departed during the Closed Session portion of the meeting. (City Council) Closed Session -- Pursuant to Government Code Section 54956.9(b)(3)(B) to confer with its city attorney regarding pending litigation. The facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced. Subject: BF Construction v. City of Huntington Beach. (120.80) (City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with its designated representatives, Agency Negotiators: William Workman, Assistant City Administrator; Clay Martin, Director of Administrative Services; Ronald Hagan, Director of Community Services; Richard Whitmore, Esq. of Whitmore, Johnson & Bolanos; and Steven M. Berliner, Esq. of Liebert, Cassidy and Frierson regarding labor relations matters — meet and confer with the following employee organizations: HBMEA, HBMEO, HBPOA and HBFMA. Subject: Labor Relations — Meet & Confer. (120.80) (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 parry. The title of the litigation is Opp v. City of Huntington Beach, Court of Appeals, Fourth Appellate District, Division 3, Case No. G025947 (Opp 1) and Opp v. City of Huntington Beach, et al; al.; Orange County Superior Court Case No. 748927 (Opp II). Subject: Opp v. City of Huntington Beach, et al. (Opp I and Opp II). (120.80) 7:00 P.M. - Council Chambers Reconvened City Council/Redevelopment Agency Meeting City Council/Redevelopment Agency Roll Call Present: Dettloff, Bauer, Cook, Boardman, Winchell Absent: Green, Houchen (Councilmembers Green and Houchen have requested to be absent from the meeting pursuant to City Council Resolution No. 2001-54.) (City Council) City Attorney's Report of Action Taken by the City Council In Closed Session on February 19, 2002 (Pursuant to Government Code §54957.1(a) (2) - Approved City to Appeal the Final Judgment in the Matter of Franklin Opp v. City of Huntington Beach, et al., OCCSCC No. 78927 (120.80) City Attorney Gail Hutton reported out that on Tuesday, February 19, 2002 the City Council convened in closed session to discuss whether or not to defend, or seek or refrain from seeking appellate review or other relief, or to enter as an amicus curiae in any form of litigation as a result of a consultation under Section 54956.9 in the matter of Franklin Opp v. City of Huntington Beach, et al.; Orange County Superior Court Case No. 78927. (4) February 19, 2002 - Council/Agency Minutes - Page 4 The City Council voted to appeal the final judgment in the referenced case of Opp v. City of Huntington Beach, et al. The motion carried by the following roll call vote: Ayes: Dettloff, Bauer, Cook, Boardman, Winchell Noes: None Absent: Green, Houchen City Attorney's Subsequent Report of Action Taken by the City Council in Closed Session on February 19, 2002 (Pursuant to Government Code §54957.1(a) (2) - Approved City to Appeal the Final Judgment in the Matter of Franklin Opp v. City of Huntington Beach, et al., OCCSCC No. 78927 (120.80) In a subsequent report at this open session of the February 19, 2002 Council meeting, City Attorney Hutton added to the foregoing report of action, as follows: The substance of the litigation involved various Fair Labor Standards Act Provisions and an allegation of wrongful termination, and those were the kinds of personnel -matter related issues. Pledge of Allegiance — Tiger Cubs, Den 2, Pack 563, Gisler School, Den Leader, Mark Raidey. The City Clerk Announced Late Communications Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced Late Communications regarding agenda items that had been received by her office following distribution of the agenda packet: Communication dated February 19, 2002 from Chuck Scheid transmitting a previous letter sent to the City Council regarding Street Sweeping Managed Competition. Communication titled February 19, 2002 City Council Meeting — Agenda Item C-1b — Competitive Services Committee Recommendations. Communication dated February 19, 2002 from Merle Cade transmitting his support for the relocation of the 4th of July Fireworks Display to the City Beach at Pier Plaza. Communication titled City Council Action on 4th of July Fireworks Show. Slide show presentation dated February 19, 2002 from the Administrative Services Department titled Appropriation of Equipment Replacement Funds. Presentation — To Mayor Debbie Cook by Joyce Riddell, President Chamber of Commerce; Pat Rogers, Huntington Beach Mall; and Erika Nielsen, Fahrenheit Design, presentation of the Display Shop, Play & Stay in Huntington Beach Logo. The local marketing campaign, Shop, Play & Stay in Huntington Beach received an Honorable Mention award from the 5th Annual Shop American Summit in their national "Shop American Salutes Innovation" competition. (160.40) Mayor's Award — Presentation by Mayor Debbie Cook, and Clay Martin, Administrative Services Director, to Sharon Gagnon, Buyer, Purchasing/Central Services Division. Director Martin announced that Ms. Gagnon is receiving the award in recognition of her fine work and the cost savings measures she has implemented for his department. Ms. Gagnon announced she was accepting the award on behalf of her coworker in her division of which is comprised of longtime and dedicated employees. (160.40) (5) February 19, 2002 - Council/Agency Minutes - Page 5 Public Comments Sid Goldstein, Vice Chair, Orange County Veterans Advisory Council and Legion of Valor Representative, spoke in support of the John Baca Park Dedication. Providing a handout to Council and the City Clerk reflecting his qualifications, Mr. Goldstein requested to serve on the committee. Mr. Goldstein spoke of Mr. Baca's heroic achievements as a soldier and Medal of Honor recipient. George Margolin spoke in opposition to County Measure "W, " the use of the former El Toro Air Station as a park on the March 5, 2002 County Election Ballot. Mr. Margolin distributed literature to Council, stating his belief that the measure does not specify what will be built at that site. Gregory G. Petersen, Attorney for the Police Officers Association (POA) in the matter of Opp versus the City, presented reasons why he believes the proper procedure is not being followed by the city in legal cases. Karen Jackie spoke in support of city Ballot Measures FF, GG, and HH for the March 5, 2002 Special Municipal Election. Speaking as a member of the Infrastructure Advisory Committee, she conveyed her belief in the importance of funding infrastructure improvements. Ms. Jackie stated that city residents would save money if AES were to pay the gas tax; that the passage of Measure HH will not create a double tax for the power generating station. Barbara Delglaze concurred with Councilmember Dettloff s agenda item recommending support of Ballot Measures FF, GG, and HH. Ms. Delglaze handed to Council and the City Clerk a communication in favor of Ballot Measure EE, requesting that Councilmember Boardman withdraw her agenda item proposing a resolution against the measure. Chuck Scheid spoke in opposition to the agenda item relative to the Competitive Services Committee's recommendations regarding a twice -per -month street sweeping service. Mr. Scheid requested that Council consider his letter in the Late Communications packet, which states that the vendor should be given an opportunity to bid for a two-year contract. D. B. Nishte, Nationwide Environmental Services, stated that the staff report on the agenda item relative to managed competition of street sweeping services is incorrect. Diane Eastman spoke in favor of city Measure EE on the Special Municipal Election Ballot of March 5, 2002. Ms. Eastman stated the belief that a violation of a basic human, constitutional right would be taken away if the measure does not pass. Margie Bunten, Fourth of July Executive Board representative, spoke in favor of the board's recommendation to hold a fireworks display on the City Beach. Ms. Bunten named several beach cities which do this to illustrate how relocation to the beach would be feasible move. Matthew Harper informed Council that he is one of five members of the Board of Trustees of Huntington Beach Union High School. Speaking in favor of Ballot Measure EE, Mr. Harper cited excerpts from a high school economic textbook to demonstrate how property owners could not recoup maintenance costs with rent control. (6) February 19, 2002 - Council/Agency Minutes - Page 6 (City Council) Council Response to Public Comments Re: Rent Control (160.30) Mayor Cook stated in response to the last public speaker, that the city does not have a rent control ordinance in effect. Public Comments Resumed Debbie Borden addressed the absence of the Invocation from the agenda, stating that formal prayer for decades has opened Council meetings without controversy. She stated the belief that it is her responsibility as a Christian to pray for civic leaders. Ms. Borden recited The Lord's Prayer. Cathy Rasmussen requested Council to reconsider its position and reinstate the Invocation on the agenda. Ed Kerins, Huntington Beach Tomorrow (HBT) representative, stated his approval of Measure HH on the March 5, 2002Special Municipal Election Ballot. He expressed the belief that it will generate a steady, fair and equitable income stream. Mr. Kerins informed Council that the HBT Board of Directors examined both sides and has come to the conclusion that the claim made by AES of double taxation is not a valid one. He spoke in opposition to Measure EE, stating that the passage of the proposed Property Owners' Rights Charter Amendment will result in spiraling rental rates and rent gouging. Thom Doney informed Council that as a former Council candidate and as a renter, he is vocal on the topic of Measure EE on the March b, 2002 Special Municipal Election Ballot. He urged a "yes" vote on the Ballot Measure, stating problems with rent control as reasons for his opposition. Mr. Doney spoke regarding privately funded subsidies, which he believes could be endangered by rent control. Joey Racano spoke in objection to two Assembly Bills; the first, AB 1892 sponsored by State Assemblyman Tom Harman. Mr. Racano expressed his concern that said legislation would allow for the diversion of urban runoff to a facility with a Federal Section 301-H waiver. He requested that Assemblyman Harman be contacted to amend his bill in order to make the Orange County Sanitation District use full secondary treatment on the ocean. Mr. Racano also spoke in opposition to AB 1969 (Maddox) for similar reasons. Carole Ann Wail, Vice President of the Therapeutic Riding Center, invited all to a Western Hoe Down sponsored by the non-profit organization. She announced that the event is to be held 3:00 p.m., on March 10, 2002, at Edison Community Center. Ms. Wall provided the phone number 714-960-4675 for more information. Ron Davis informed Council that he is speaking as a citizen and not a paid volunteer to urge a "yes" vote for the city Ballot Measure HH. He rebutted the claim that the AES power plant has made that its gas usage is different from that of other consumers. In answer to Councilmember Dettloff's inquiry, Mr. Davis spoke regarding the number of megawatts the plant generates in comparison to the entire city. Ron McLin, Longboard Restaurant manager and Restaurant Association member, stated that, he is in favor of the proposal to relocate the Fourth of July fireworks display to the beach. (7) February 19, 2002 - Council/Agency Minutes - Page 7 Mr. McLin expressed his confidence that the city will be able to finance extra police protection needed to effectively make the celebration a safe one. Lou Candejas, owner of the Ballroom is Back Dance Studio, requested assistance in permitting his business to remain open during his application for a Conditional Use Permit. Mayor Cook clarified that staff is working on this issue with the CUP applicant. Don Hansen opposed what he believes is set forth in the agenda item relative to city Ballot Measure EE on the March 5, 2002 Special Municipal Election. Mr. Hansen stated that the Property Owners' Rights measure is being misrepresented and that rent control, on the other hand, will initiate a costly, ineffective layer of government. Steve Ray spoke in favor of Councilmember Boardman's agenda item relative to Measure EE on the March 5, 2002 Special Municipal Ballot. Mr. Ray stated that what the property owners who live outside the city want - and what the measure is about - is deregulation of rental rates. Al Carracia, Los Amigos Mobile Home Park resident and Huntington Beach Mobile Home Owners Association (HBMOA) member, spoke in favor of Councilmember Boardman's resolution relative to Measure EE on the March 5, 2002 Special Municipal Election Ballot. Mr. Carracia urged a strong "no" vote against the Property Owners' Rights measure. Robert Lupo stated his purpose for speaking is to encourage the City Council to support Councilmember Boardman's agenda item relative to Measure EE on the March 5, 2002 Special Municipal Election Ballot. Mr. Lupo stated the belief that said measure will benefit only realtors, landlords, and mobile home park owners and will negatively impact senior citizens. Steve Garcia spoke in opposition to Measure EE on the March 5, 2002 Special Municipal Election Ballot for reasons that it benefits only special interest groups. Mr. Garcia cautioned that the measure will take away the power of the City Council to approve a rent control ordinance. John Jankowski supported Councilmember Boardman's agenda item in opposition to Measure EE on the March 5, 2002 Special Municipal Election Ballot. He distributed communication to the Council and the City Clerk, rebutting what he believes as misstatements in the editorial against rent control. Mr. Jankowski informed Council that 100 cities in California have rent stabilization. Jim Barker, Los Amigos Mobile Home Park resident and Communications Director of the Huntington Beach Mobile Home Owners Association (HBMOA), spoke in favor of Councilmember Boardman's agenda item regarding Measure EE on the March 5, 2002 Special Municipal Election Ballot. Mr. Barker expressed his concern that said measure will amend the City Charter and prohibit the city from preventing excessive and abusive rental increases. Shan Ray spoke in opposition to Measure EE on the March 5, 2002 Special Municipal Election Ballot for reasons that it will take away the ability of the City Council to protect vulnerable citizens from run -away rental increases. Bill Bernard, AARP volunteer, informed Council how the organization had helped in the defeat of the passage of State Proposition No. 199, which would have made mobile home parks exempt from rent control. Mr. Bernard spoke against Measure EE on the March 5, 2002 Special Municipal Election Ballot. (8) February 19, 2002 - Council/Agency Minutes - Page 8 Steve Gullage, Mobile Home Owner Association member, spoke in support of Councilmember Boardman's agenda item relative to Measure EE on the March 5, 2002 Special Municipal Election Ballot. Mr. Gullage stated that he is one spokesperson for hundreds of manufactured home owners speaking against outside interest groups seeking to deregulate the housing industry. Matt Petteruto stated his intent to strongly urge the City Council not to adopt the resolution placed on the agenda, which is in opposition to Measure EE on the March 5, 2002 Special Municipal Election Ballot. Norm Westwell expressed his hope that the City Council will approve the recommendation of the Fourth of July Board to relocate the fireworks display to the beach. He voiced his objection to the agenda item relative to the side -by -side comparison of street -sweeping services, stating that it will force the contractor to pay prevailing wages. Mr. Westwell spoke in opposition to the agenda item proposing the $2 million dollar expenditure for Information Systems/Web Site services. He spoke in favor of Councilmember Boardman's agenda item in opposition to Measure EE on the March 5, 2002 Special Municipal Election Ballot. David Ewell lodged a complaint regarding the construction noise, which he states continues unabated throughout the evening until 10:00 p.m. from the Boeing Corporation project site near his residence. He also objected that a neighbor has the ability of keeping 11 cars in his yard. Mr. Ewell requested if this is legal, or if the code can be made more restrictive. City Administrator Silver responded to the previous speaker by requesting that the Police Department look into the matter. Doug Korthof spoke in opposition to the Orange County Sanitation District (OCSD) receiving a Federal Section 301-H waiver from meeting the Clean Water Act. He suggested that Assemblyman Harman and Assemblyman Maddox be contacted to request them to direct State legislation for removal of the waiver. Mr. Korthof informed Council that the head of OCSD, General Manager Blake Anderson, can be reached at 714-528-7110. Richard Harlow, Infrastructure Advisory Committee member, urged approval of Ballot Measure FF on the March 5, 2002 Special Municipal Election. He rebutted an Orange County Register Newspaper editorial's claims that Measure HH on the Municipal Ballot is an "ill conceived" gas tax, and provided the rationale as to why it is credible for the city. Mr. Harlow informed Council that the issues being addressed in these measures were studied by the committee for five years. Aaron Elder spoke in opposition to the passage of Measure W on the March 5, 2002 Special Municipal Election. Mr. Elder cautioned that turning down the option of building an airport on the former El Toro site will result in increased air traffic in the John Wayne Airport flight path. (9) February 19, 2002 - Council/Agency Minutes - Page 9 By unanimous consent of all those present, (Green and Houchen absent) the following two Council agenda items relating to Ballot Measures EE, FF, GG and HH were brought forward: (City Council) Approved Request for Council Resolution in Opposition to Measure EE on March 5, 2002 Special Municipal Election Ballot (620.30) The City Council considered a communication from Councilmember Connie Boardman transmitting the following Statement of Issue: Measure EE on the March 5, 2002 ballot seeks to amend the city charter to prevent this or any future City Council from ever enacting a rent stabilization ordinance in the city. This measure would take away an important "watchdog" function from future councils. The ability to protect our most vulnerable citizens, such as the elderly living in mobile home parks, from unreasonable rent increases in the future would be lost if EE passes. For these reasons, I request Council support for the recommended action below. Councilmember Boardman provided a brief oral report. She stated her concurrence with the perception of the previous public speakers, including Jim Barker and John Jankowski, that Measure EE is unnecessary. Councilmember Boardman stated that a good indication of involvement by special interest groups in support of the measure can be ascertained from the residence of the backers shown in the financial report. She announced that among other individuals who live outside the city, the treasurer who handled financing of Measure EE lives in Rancho Santa Margarita, while a mobile home estate park owner lives in San Diego. Councilmember Boardman stated the concern that Measure EE will amend the City Charter and prevent future Council from enacting a rent stabilization ordinance. Mayor Pro Tern Bauer asserted that Measure EE is about rent control and that citizens can make their own decisions. He announced that he is in support of Measure EE and stated reasons. Mayor Pro Tern Bauer distributed communication to Council and the City Clerk from the December 1987 issue of Western City Magazine titled How Mobile Home Rent Control Failed in Westminster. He rebutted the supposition that the measure will destroy affordable housing. Councilmember Winchell informed Council that she is in favor of the proposed resolution. She stated that while a rent stabilization ordinance is not currently in the City Charter, she is against its prohibition. She provided reasons that the local issue was brought about by outside sources and that Council has not been provided an opportunity for open forum discussion. A motion was made by Boardman, second Cook to adopt a resolution in opposition to Measure EE which is on the March 5, 2002 Special Municipal Election ballot, and urge our constituents to oppose Measure EE. The motion carried by the following roll call vote: Ayes: Dettloff, Cook, Boardman, Winchell Noes: Bauer Absent: Green, Houchen (10) February 19, 2002 - Council/Agency Minutes - Page 10 (City Council) Approved Request for Council Support of Ballot Measures FF, GG, and HH on the March 5, 2002 Special Municipal Election (620.30) The City Council considered a communication from Councilmember Shirley Dettloff, Chair, Intergovernmental Relations Committee, transmitting the following Statement of Issue: The City Council supported the inclusion of these measures on the March 5, 2002 ballot and wrote arguments in favor of the three measures for the Voter Information Pamphlet. With the election just a few weeks away, it seems timely to restate our support for these measures. The Council memo further sets forth that: Measure FF would amend the Huntington Beach Charter to establish an "Infrastructure Fund" with all infrastructure revenues raised, and accrued interest, directed into the Fund; prohibiting the transfer or loan of Fund monies; requiring that General Fund expenditures for infrastructure not be reduced below 15% of General Fund revenues based on a five-year rolling average; and requiring that City Council designate an advisory board to annually review and audit the Infrastructure Fund. Measure GG is an advisory measure to have the Utility Tax paid solely by an electric power plant placed into an Infrastructure Fund to be used only for the maintenance, construction and repair of infrastructure such as storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees, landscaped medians, parks, beach facilities, playgrounds, traffic signals, street lights, block walls along arterial highways and all public buildings and public ways. Measure HH would repeal the Gas Tax exclusion for electric power plants from the Huntington Beach Municipal Code. Councilmember Dettloff announced that the Council agenda item was brought from the Intergovernmental Relations Committee. She informed Council that support for said measures has been received from the Infrastructure Advisory Committee. Councilmember Dettloff stated that requested this evening is that each member of Council articulate support of measures FF, GG, and HH on a formal basis. A motion was made by Dettloff, second Bauer to 'i. Formally support and urge our constituents to vote yes on Measure FF on the March 5, 2002 Special Municipal Election ballot; and 2. Formally support and urge our constituents to vote yes on Measure GG on the March 5, 2002 Special Municipal Election ballot; and 3. Formally support and urge our constituents to vote yes on Measure HH on the March 5, 2002 Special Municipal Election ballot. The motion carried by the following roll call vote. - Ayes: Dettloff, Bauer, Cook, Boardman, Winchell Noes: None Absent: Green, Houchen (11) February 19, 2002 - Council/Agency Minutes - Page 11 (City Council) Approved City Council Liaison Appointments for Boards, Commissions, Committees, and Task Forces for the Year 2002 (120.20) The City Council considered a communication from Mayor Debbie Cook transmitting the revised listing of Council Liaison and Council Committee Member assignments titled City of Huntington Beach Citizen Boards, Commissions, Committees, and Task Forces (Citizen Members Appointed by City Council Action) for the remainder of the year 2002. The following motion was made to approve the changes: Citizen Boards, Commissions, Committees, and Task Forces (Citizen Members Appointed by City Council Action) Citizen Group Add to Council Liaisons: Board of Appeals Winchell Children's Needs Task Force Winchell Citizen Participation Advisory Board Winchell Citizen Group Specific Events Committee Citizen Group Oakview Task Force Council Committee Other City Committees (Authorized by City Council Action) Add to Council Liaisons: Cook Community Groups (Citizen Members Not Appointed by City Council) Add to Council Liaisons: Winchell Standing Council Committees Add to Council Committee Members: Communications Boardman Competitive Services Winchell Law Enforcement Training Center Winchell (12) February 19, 2002 - Council/Agency Minutes - Page 12 Community and Regional Agencies and Committees (Appointed by Mayor) Name of Agency/Committee Anti -Crime Coalition HB Conference & Visitors Bureau Orange County — City Hazardous Materials Emergency Response J.P.A. Public Cable Television Authority (PCTA) West Orange County Water Board (WOCWB) Add to Council Liaisons: Winchell Cook Winchell Cook (Alternate 1) Winchell A motion was made by Winchell, second Dettloff to approve the Council Liaison and Committee assignments as shown in Attachment No. 1 titled City of Huntington Beach Citizen Boards, Commissions, Committees, and Task Forces (Citizen Members Appointed by City Council Action). The motion carried by the following roll call vote: Ayes: Dettloff, Bauer, Cook, Boardman, Winchell Noes: None Absent: Green, Houchen (City Council) Approved as Amended to Extend Existing Contract between the City and Nationwide Environmental Services for Twice- a -Month Street Sweeping until October 2003 (with Option to Open for Competitive Bidding at the Expiration of Current Contract in October 2002) Staff Directed to Evaluate Payment of by Contractor of Prevailing Wages (800.10) The City Council considered a communication from Councilmember Pam Houchen, Chair of the Competitive Services Committee informing Council that the Competitive Services Committee has completed its evaluation of the city's Side -by -Side Street Sweeping Comparison. The report from the Committee sets forth the background of the twice -a -month street sweeping service and the outcome of the 1 B-month side -by -side comparison. The Public Works Department's cost projection to perform the entire Street Sweeping Program in-house is also included as an attachment. Discussion was held regarding Councilmember Houchen's memo, which sets forth the Committee's unanimous recommendation to the City Council to direct staff to provide twice -a - month -street sweeping service with city staff beginning October 1, 2002. City Administrator Silver reported on the Competitive Services Committee meetings held to conduct the side -by -side comparison study between private and public sectors. He informed Council that Senior Department Analyst Peter Grant is available to answer any questions. Councilmember Winchell alluded to the public comments regarding the issues. She commended staff on the methods used. She expressed the concern that the selection of public sector services will require a huge investment in additional staff time and equipment. (13) February 19, 2002 - Council/Agency Minutes - Page 13 Councilmember Winchell spoke regarding a combination of factors, including the uncertainty of the budget to be taken into consideration. Assistant City Administrator William Workman reported on the life of the contract, in answer to Mayor Pro Tem Bauer's inquiry. Mayor Pro Tem Bauer informed Council that he leans towards his colleague's viewpoint and is inclined to agree with continued operation by the private contracting firm. Councilmember Dettloff s requested to hear from staff on its recommendation. In response, City Administrator Silver concurred with Councilmember Winchell that although the recommendation was developed during more financially stable times, it is nevertheless still a sound decision to choose the city crew over a private subcontractor. Assistant City Administrator Workman announced that staff has a presentation to communicate a variety of options, but the major aspect of the difference relates to prevailing wage. City Administrator Silver ascertained for Council that the state mandates the outside contractor to bid prevailing wage. (City Council) Motion Failed to Draft an Ordinance to Exempt City from Paying Prevailing Wage to Private Sector Contractor (800.10) Councilmember Dettloff suggested that the city adopt an ordinance to exempt itself from paying the prevailing wage. The motion failed for lack of a second. In lieu of the foregoing motion, the following amended motion was approved: A motion was made by Winchell, second Boardman to approve, as amended, to extend existing contract with contracting firm and negotiate with them to provide for a twice a month street sweeping service up until October 2003 with an option to go out to competitive bid after October 2002 when current contract ends. Mayor Pro Tem Bauer will bring forward an H-memo to evaluate whether or not contracting firm will pay prevailing wage to its crew. The motion carried by the following roll call vote: Ayes: Dettloff, Bauer, Cook, Boardman, Winchell Noes: None Absent: Green, Houchen (City Council) Announcement of Appointment of Mark Porter to Planning Commission by Councilmember Grace Winchell — Finance Board Appointment to be made at a Future Date (110.20) Councilmember Winchell announced her appointment of Mark Porter to the Planning Commission. She announced that her appointment to the Finance Board would be made at a future meeting. The City Clerk was directed to record in the official Council minutes the appointment by Councilmember Winchell of Mark Porter to the Planning Commission. (14) February 19, 2002 - Council/Agency Minutes - Page 14 (City Administrator's Report) Presentation Made Highlighting City's Current and Upcoming Capital Projects for Fiscal Year 2001-02 — Public Works Department Report — Rebuilding Huntington Beach for the 21'` Century (320.40) The City Administrator highlighted the city's current and upcoming capital projects for Fiscal Year 2001-02. Public Works Director Beardsley delivered the PowerPoint presentation titled City of Huntington Beach — Public Works Department — Rebuilding Huntington Beach for the 21st Century, which was included in the agenda packet. Counciimember Dettloff inquired regarding the timeline for the Bluff Top Park Stabilization Feasibility Study of the South Beach Phase 1 Facility Project, as shown on Slide No. 14 of the PowerPoint presentation. Deputy City Engineer Doug Stack responded that the feasibility study is being conducted in conjunction with the Army Corps of Engineers_ Deputy City Engineer Stack provided a timeline; stating that the study is ongoing for two years and is funded through California Waterways. Mayor Pro Tern Bauer thanked staff for the capital project improvements. He expressed concern over a Warner Avenue arterial highway, where he stated there are noticeable pavement seams that are areas of incipient pothole development. Public Works Director Beardsley reported on the monitoring efforts being undertaken to seal the sidewalk cracks. City Administrator Silver stated the purpose of providing a wrap-up of the report. He informed Council that since its inception in 1995, the infrastructure improvement program has incorporated a tremendous number of capital projects, some as yet to be funded. Consent Calendar — Item Removed for Separate Discussion The following item was removed from the Consent Calendar for separate discussion: (Redevelopment Agency) Pursuant to Owner Participation Agreement — Third Amendment to the Lease Between Abdelmuti Development Company and Paige Communications Corporation (Oceanview Promenade Suites 340, 355, 375 and 385) Main -Pier Redevelopment Project Sub -Area (600.30) Consent Calendar — Items Approved On motion by Bauer, second Dettloff, Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll tail vote: AYES: Bauer, Dettloff, Cook, Boardman, Winchell (Winchell — ABSTAIN — January 22, 2002 minutes — meeting held prior to Council appointment date of February 2, 2002) NOES: None ABSENT: Green, Houchen (City Council/Redevelopment Agency) Minutes — Approved and adopted the minutes of the City Council/Redevelopment Agency Regular Meetings of January 22, 2002 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. (15) February 19, 2002 - Council/Agency Minutes - Page 15 (City Council) Approved and Authorized Appropriation and Transfer of Funds for the Repair of Civic Center Oil Well CC #1 (320.45) — Approved and authorized appropriation of $48,000 from the undesignated, unappropriated fund balance of the General Fund and transfer to the Fire Department's Fiscal Year 2000/01 PetroChem Oil Well Maintenance Account. Submitted by the Fire Chief/Information Systems Director. Funding Source: See above. The Fiscal Impact Statement is included as Attachment No. 1 in the agenda packet. (City Council) Approved Project Plans and Specifications and Authorized Advertisement of Bids for the Old Town Sewer Lining Project, Phase III; CC-1180 (Community Development Block Grant (CDBG) Program) (600.60) — Approved the project plans and specifications and authorized the Director of Public Works to request bids for the third phase of the Old Town Sewer Lining Project; CC-1180. Submitted by the Economic Development Director and the Public Works Director. Funding Source: Funds in the amount of $347,000 are budgeted in Community Development Block Grant (CDBG) FY 2001-02 Account. (City Council) Approved Project Plans and Specifications and Authorized Advertisement of Bids for the Huntington Harbour Sewer Lining Project, Phase 11; CC-1174 (600.60) — Approved the project plans and specifications and authorized the Director of Public Works to request bids for the second phase of the Huntington Harbour Sewer Lining Project; CC-1174. Submitted by the Public Works Director. Funding Source: Environmental Protection Agency (EPA) grant and an Orange County Sanitation District (OCSD) grant. Matching grants in the amount of $1,000,000 will be received for a total project budget of $2,000,000. Funds for this project are in the Harbour Sliplining (EPA) Accounts, Sewer Improvement and Harbour Sliplining (OCSD) Sewer Improvements Accounts. (City Council) Approved Appropriation of Funds for Residential Street Replacement Tree Planting (320.45) — Approved appropriation of $30,000 to fund the purchase of replacement trees when residents have reimbursed the cost of those trees. Submitted by the Public Works Director. Funding Source: Unappropriated General Fund Balance, $30,000, from Residential Trees payments into Tree Maintenance Materials Account. (City Council) Approved and Authorized Execution of a Cooperative Funding and Reimbursement Agreement Between the City and the Orange County Sanitation District (OCSD) for Coastal Water Quality and Urban Runoff Management Studies — Coastal Remediation Plan (600.25) — Approved and authorized the Mayor and City Clerk to execute the Cooperative Funding and Reimbursement Agreement for the Coastal Remediation Action Plan. Submitted by the Public Works Director. Funding Source: Full funding was provided by the City beginning in FY 1999-2000 from the General Fund, Coastal Remediation Account. Upon receipt, the reimbursement will be deposited to the General Fund. (City Council) Approved Amendment No. 2 to Cooperative Projects Program Contract No. 0006 with the Orange County Sanitation District — (Sewer Master Plan Update) (600.25) — Approved and authorized the Mayor and City Clerk to execute Amendment No. 2 to Cooperative Projects Programs Contract No. 0006 with the Orange County Sanitation District. Submitted by the Public Works Director. Funding Source: Not Applicable. (Allows for additional six months extension to incorporate wet weather flow monitoring.) (City Council) Adopted Resolution No. 2002-10 — Authorizing Director of Public Works or the City Engineer to Accept Construction Projects as Complete and File Notices of Completion with the County Recorder (Change to Current Practice) (100.10) —Adopted (16) February 19, 2002 - Council/Agency Minutes - Page 16 Resolution No. 2002-10 - "A Resolution of the City Council of the City of Huntington Beach Authorizing the Director of Public Works or the City Engineer to Accept the Construction Projects as Complete and File a !Notice of Completion in the Office of the County Recorder." Submitted by the Public Works Director. Funding Source: Not Applicable. Directed City Clerk to file Notice of Completion with the County Recorder's Office -within 10 days after completion of project. (City Council) Adopted Resolution No. 2002-11 Authorizing Execution of Standard Agreement No. 05-01-0500 with the California Arts Council for Participation in the Arts Council's Organizational Support Program for FY 2001-2002 -w Approved City's Indemnification Obligation (600.20) -1. Adopted Resolution No. 2002-11 - `A Resolution of the City Council of the City of Huntington Beach Approving and Authorizing the City's Execution of an Agreement with the California Arts Council of the State of California Regarding the City's Participation in the California Art Council's Organizational Support Program for Fiscal Year 2001-2002"- to receive a grant in the amount of $7,324 and 2. Approved the city's obligation to indemnify, defend, and save harmless the State in connection with the city's performance of this agreement as fully set forth in Paragraph 1 of the second page of the agreement; and 3. Directed Finance Department to set up appropriate accounts required by the granting agency. Submitted by the Community Services Director. Funding Source: Grant proceeds. (City Council) Adopted Resolution No. 2002-12 Amending the Cross Connection Control Program for the Huntington Beach Water System (Pursuant to Orange County Health Care Agency Requirements for Certification for Backflow Prevention Device Testers (1000.50) -- Adopted Resolution No. 2002-12 - "A Resolution of the City Council of the City of Huntington Beach Adopting the Amended Cross Connection Control Program. " Submitted by the Public Works Director. Funding Source: Not Applicable. (Amends Resolution No. 5921 adopted in 1988.) (City Council) Appointed Division Chief of Operations Duane Olson as Alternate Board Member to the Fire Chief for the Orange County -City Hazardous Materials Emergency Response Joint Powers Authority (110.20) -Appointed division Chief of Operations Duane Olson as the City's Alternate to the Fire Chief as Board Member for the Orange County - City Hazardous Materials Emergency Response Joint Powers Authority, replacing Division ChieflOperations Charles Reynolds. Submitted by the Fire Chieffinformation Systems Director. Funding Source: None required. (City Council) Received and Filed City Clerk's Quarterly Report Listing Professional Services Agreement Filed in the City Clerk's Office Between November 1, 2001 and January 31, 2002 (600.05) - Received and Filed the Quarterly List of Professional Services Agreements entered into by City Departments as submitted to the Office of the City Clerk for the period November 1, 2002 through January 31, 2002. Submitted by the City Clerk. Funding Source: Not Applicable. (Report presented pursuant to City Council directed policy of November 19, 2001. The agreements included in the report are as follows:) (17) February 19, 2002 - Council/Agency Minutes - Page 17 Consultant Agreement Purpose Carpenter & Rothans Legal Consultant Re: Shugart vs. City Barr & Clark Environmental Incorporated Lead Based Paint Consultant Services Kane, Ballmer & Berkman Legal Consultant on Municipal Law Matters (Mike Karger) Stoops, John -Consultant Litigation Support Fair Labor Standards Act Litigation Accounting Services Blanchard Solutions Group Customer Service Training (Kathy Cuff) Accountants, Incorporated Backup Payroll/Accounting Services Consultant Agreement Purpose CSG Consultants, Inc (MAO, Richard — President In House Plan Review Services DUONG, Khoa - Employee Municipal Software Corporation Software Design and Implementation Services Psomas & Associates, Incorporated Interim Water Operations Manager Services Engineering Resources of Southern California, Inc. Development Processing and Construction Project Support O'Rourke & Company Consultant — Expert Witness — California Public Utilities Regulations — Power Plants — Blackford vs. City Hinderliter de Llamas & Association Sales Tax Audit and Information Services (City Council) Approved Encroachment Agreement Between the City and Gothard Pacific, LLC for Properties at 18311 (Location of Fire Station No. 1) and 18411 to 18421 Gothard Street (600.10) — Approved the Encroachment Agreement between the City of Huntington Beach and Gothard Pacific, LLC, for properties located at 18311 and 18411-18421 Gothard Street, and authorize the Mayor and City Clerk to sign the agreement. Submitted by the Public Works Director and the Fire Chief/Information Systems Director. Funding Source: No funding is required. (18) February 19, 2002 - Council/Agency Minutes - Page 18 (Redevelopment Agency) Pursuant to Owner Participation Agreement: Approved as to Form the Third Amendment to the Lease Between Abdelmuti Development Company and Paige Communications Corporation (Oceanview Promenade Suites 340, 355,375 and 385) Main -Pier Redevelopment Project Sub -Area (600.30) Redevelopment Agency Chair Cook requested that the above -captioned agenda item be removed from the Consent Calendar for separate discussion. Chair Cook requested information from Deputy Executive Director David Biggs relative to the subsidy. Deputy Executive Director Biggs reported relative to rents anticipated. Redevelopment Chair Cook stated that she noted that the rents have been lowered since the beginning of the transaction. A motion was made by Cook to approve as to form the Third Amendment to Office Space Lease between Abdelmuti Development Company and Paige Communications Corporation, a California Corporation regarding Suites 340, 355, 375, and 385 in the Oceanview Promenade Building. The motion carried by the following roll call vote: Ayes: Dettloff, Bauer, Cook, Boardman, Winchell Noes: None Absent: Green, Houchen (City Council) Motion Denied for Fourth of July Board's Recommendation for Relocation of Fourth of July Fireworks Display to the City Beach at Pier Plaza — Alternative Action Approved to Keep Fireworks Show at the Huntington Beach High School Stadium Permanently (960.30) The City Council considered a communication from the Community Services Director informing Council that the Fourth of July Executive Board is requesting City Council approval to move the Fourth of July fireworks from Huntington Beach High School Stadium to the city beach at Pier Plaza. Community Services Director Ron Hagan presented the PowerPoint presentation titled Statement of Issue, which was included in the agenda packet. Mayor Pro Tern Bauer presented the following reasons in favor of the staff recommendation to have the Fourth of July fireworks event remain at the Huntington Beach High School Stadium: 1. Low visibility from the beach, due to typically foggy July weather; 2. The high school stadium will lose income revenue generated from the sale of alcoholic beverages during the Fourth of July event; and 3. The increased costs, including those of police protection. Council Member Dettloff ascertained from Director Hagan that the Fire Department has similar health and safety concerns as does the Police Department. Director Hagan elaborated that there is a need to analyze the issue of operational crowd control. Police Chief Ronald Lowenberg concurred with Director Hagan's articulation of the position of staff on the matter. Chief Lowenberg restated the belief that it is not sound decision to relocate the Fourth of July event to the beach for the following reasons: (19) February 19, 2002 - Council/Agency Minutes - Page 19 1. The problem of parking has been raised; especially with large events. The fact that the beach lot will fill up quickly and people will park everywhere; 2. Post -September 11 "' issues, which question the wisdom of holding a large event without tight security measures in place; such as the inspection for weapons and alcohol; 3. The loss of the ability to plan the event, which is a return to the 70's and the last time fireworks displayed at the beach; and 4. The uncertainty of adequate resource personnel; even if contact is made with the County Sheriff's Department. Director Hagan quoted relocation expenses. He reported on options to raise revenue, including charging admission to a VIP viewing area. Director Hagan stated that the extra cost would otherwise come out of the General Fund, in answer to Councilmember Dettloffs inquiry. Further discussion ensued relative to the problems of unruly crowd behavior and police arrests. In response to Councilmember Boardman's question, Police Chief Lowenberg announced that statistics show that there is a trend in the right direction, and that no arrests have been made in the most recent Fourth of July celebrations. The Police Chief reiterated that he is not in support of approving the Fourth of July Executive Board's recommendation for relocation. Discussion followed regarding what the staff recommendation sets forth, which is a proposal to develop a crowd control plan for Council approval; and return with exact costs of moving the fireworks show to the beach so that the Fourth of July Board can raise the necessary additional funds and recommend to City Council the amendment of the 2002 Fourth of July budget accordingly. Mayor Cook stated the belief that the problems are not insurmountable; that fireworks celebrations are normally a family -oriented event. Councilmember Boardman referred to the environmental report, inquiring as to what type of chemicals will be injected into the ocean by the firecrackers. Fire Chief/Information Systems Director Michael Dolder reported that all types of combustible materials will be introduced into the mix, and it is uncertain what would happen. Chief Dolder informed Council that there is an issue of fallout from fireworks but that he does not consider it to be significant. Mayor Pro Tern Bauer announced that he is not in favor of either the Fourth of July Executive Board recommendation for relocation or the staff recommendation, and will make a motion to approve the alternative action from the staff report, as follows: A motion was made by Bauer, second Boardman to approve the Alternative Action: Do not approve relocation of the fireworks show, and keep the fireworks at Huntington Beach High School District stadium permanently. The motion carried by the following roll call vote: Ayes: Dettloff, Bauer, Boardman, Winchell Noes: Cook Absent: Green, Houchen (20) February 19, 2002 - Council/Agency Minutes - Page 20 (City Council) Approved Transfer of FY 2001/02 Funds for Appropriation of Equipment Replacement Funds for Information Systems Infrastructure, Web Services, and Software Licensing (320.45) The City Council considered a communication from the Administrative Services Director and the Fire Chief/lnformation Systems Director requesting Council to approve the appropriation of $2,000,000 that the Fleet Management Committee can set aside for the Information Systems Division infrastructure improvements, professional web services and software licensing. During the Fiscal Year 2001/2002 budget preparation process, the Fleet Management Committee meets several times to determine the best use of the City's Equipment Replacement funds. The funds ($1,000,000) will be used for Information Systems Division infrastructure improvements, which include workstation and printer leases and improvement, as well as upgrades to the citywide network hardware. $300,000 will be used for professional services contracts for web services. The balance of $700,000 will be used to resolve several licensing issues that have developed due to the Federal Government's lawsuit against the Microsoft Corporation. Administrative Services Director Clay Martin and Fire Chief/information Systems Director Dolder jointly presented the PowerPoint presentation titled Appropriation of Equipment Replacement Funds, that had been announced earlier by the City Clerk as a Late Communication. A motion was made by Dettloff, second Boardman to appropriate $2,000,000 from Equipment Replacement Fund unreserved fund balance for information systems infrastructure improvements ($1,000,000), professional web services ($300,000), and software licensing ($700,000). The motion carried by the following roll call vote: Ayes: Dettloff, Bauer, Cook, Boardman, Winchell Noes: None Absent: Green, Houchen (City Council) Adopted Ordinance Nos. 3536 (ZMA-99-2) and 3537 (ZTA-00-1) Amending the Huntington Beach Zoning and Subdivision Ordinance by Establishing a Holly Seacliff Specific Plan (SP-9) and Incorporating Real Property - wls Edwards Street, slo Ellis Avenue (450.20) After the City Clerk reads by titles, a motion was made by Bauer, second Dettloff to adopt the following two ordinances: Ordinance No. 3536 —An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Establishing a Holly Seacliff Specific Plan (SP-9) Zoning Designation on Real Property Located on the West Side of Edwards Street, South of Ellis Avenue (Zoning Map Amendment No. 99-2);" and Ordinance No. 3537 —An Ordinance of the City of Huntington Beach Amending the Holly Seacliff Specific Plan to Incorporate Real Property Located on the West Side of Edwards Street Approximately 150 Feet South of Ellis Avenue (Zoning Text Amendment No. 00-1)." (21) February 19, 2002 - Council/Agency Minutes - Page 21 The motion carried by the following roll call vote: Ayes: Dettloff, Bauer, Cook, Boardman, Winchell Noes: None Absent: Green, Houchen (City Council) Continued to a Date Uncertain - Introduction of Ordinances Amending the Huntington Beach Municipal Code Pertaining to the Beach, Pier, Beach Parking Areas and Recreational Vehicle Camping Area (to Update with Current Procedures and Terminology) (640.10) The City Council considered a communication submitted by the Community Services Director of the following ordinances which bring up-to-date, the Huntington Beach Municipal Code sections pertaining to the beach, pier, beach parking areas and RV camping area. Councilmember Boardman inquired regarding sections of the proposed Municipal Code update, as set forth in the staff report, including the following: 1. Page No. G-2a.8, relative to beach games and practices. Councilmember Boardman asked for clarification regarding the prohibition of the games listed and frisbee. City Attorney Gail Hutton responded with an interpretation; and 2. Page No. G-2a.14, on the removal of sand; and 3. Page No. G-2a.15, whether sections 35 through 37 are appealable. City Attorney Gail Hutton reported. Further discussion ensued regarding the Legislative Draft portion in reference to recreational vehicles and campers, as set forth on Page No. G-2a.55. Inquiries were also presented addressing issues dealing with dogs on the beach, and the set up of tents and lean-to's. Community Services Director Ron Hagan concurred that a better definition of structures is required. Director Hagan requested that this agenda item be carried over to a date uncertain, for review with various divisions and the City Attorney's Office. Upon unanimous consent with all present, (Green, Houchen absent), the City Council continued to a date uncertain introduction of Ordinance Nos. 3538, 3539, 3540 and 3541. (22) February 19, 2002 - Council/Agency Minutes - Page 22 Adjournment — City Council/Redevelopment Agency Mayor 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 Friday, February 22, 2002, at 3:00 p.m., in Rooms C, D, and E, Central Library, 7111 Talbert Street, Huntington Beach, California. 4m� City Clerk and ex-officio ClerkA the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: d*w'� awlc/ City Clerk -Clerk Mayor -Chairman