HomeMy WebLinkAbout2005-08-08CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
CALL FOR CITY COUNCIL SPECIAL MEETING
CITY OF HUNTINGTON BEACH
MONDAY, AUGUST 8, 2005
Jill Hardy, Mayor
Dave Sullivan, Mayor Pro-Tem
Don Hansen, Council Member
Gil Coerper; Council Member
Cathy Green, Council Member
Keith Bohr, Council Member
Debbie Cook, Council Member
CALIFORNIA 92648
You are hereby notified that a Special Meeting of the Huntington Beach City Council of the
City of Huntington Beach, California, is called for and will be held in the Civic Center
Council Chambers, 2000 Main Street, Huntington Beach, CA 92648 at the hour of 6:00 p.m.
on Monday, August 8, 2005 in order to allow discussion of the following agenda items:
(Redevelopment Agency) Closed Session — Pursuant to Government Code Section
54956.9(b)(3)(B) to confer with its attorney regarding pending litigation of which 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: Owner Participation Agreement By and Between the Redevelopment
Agency of the City of Huntington Beach and Huntington Center Associates (120.80)
(City Council/Redevelopment Agency) Open Session — Approve or Deny the First
Implementation Agreement By and Between the Redevelopment Agency and
Huntington Center Associates, LLC - Approve or Deny Assignment Assumption
Agreements for Bella Terra Associates, LLC (600.30) Approve or Deny the First
Implementation Agreement by and between the Redevelopment Agency and Huntington
Center Associates, LLC; Approve or Deny Assignment Assumption Agreements for
Bella Terra Associates, LLC for the Transfer of the Site and the Operation of the Parking
Structure and, if approved, Authorize the City Administrator to Execute on Behalf of the
City All Documents Necessary to Carry Out and Implement the Assignment Assumption
Agreements.
( Telephone: 714536-5227 )
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
Dated: August 5, 2005
CALIFORNIA 92648
ATTES City Clerk Ma
I hereby certify that I received the above notice, "Call of Special Meeting of the Huntington
Beach City Council" prior to 6:00 p.m. on Sunday, August 7, 2005.
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( Telephone: 714-536-5227 )
Special Meeting Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, August 8, 2005
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
Call to Order
Mayor Hardy called the special meeting of the City Council/Redevelopment Agency of the City of
Huntington Beach to order at 6:00 p.m. in the Council Chambers.
City Council/Redevelopment Agency Meeting Roll Call
Present: Hansen (arrived at 6:15 p.m.), Coerper, Sullivan, Hardy, Green, Bohr (out of room at
roll call), Cook
Absent: None
The City Clerk Read Call for Special Meeting
City Clerk Joan L. Flynn read the Call for Special Meeting Notice
CALL FOR CITY COUNCIL SPECIAL MEETING
CITY OF HUNTINGTON BEACH
MONDAY, AUGUST 8, 2005
Jill Hardy, Mayor
Dave Sullivan, Mayor Pro-Tem
Don Hansen, Council Member
Gil Coerper; Council Member
Cathy Green, Council Member
Keith Bohr, Council Member
Debbie Cook, Council Member
You are hereby notified that a Special Meeting of the Huntington Beach City Council of the City of
Huntington Beach, California, is called for and will be held in the Civic Center Council Chambers, 2000
Main Street, Huntington Beach, CA 92648 at the hour of 6:00 p.m. on Monday, August 8, 2005 in
order to allow discussion of the following agenda items:
(Redevelopment Agency) Closed Session — Pursuant to Government Code Section 54956.9(b)(3)(B)
to confer with its attorney regarding pending litigation of which 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: Owner Participation Agreement By and
Between the Redevelopment Agency of the City of Huntington Beach and Huntington Center
Associates (120.80)
(2) August 8, 2005 - Council Minutes - Page 2
(City Council/Redevelopment Agency) Open Session — Approve or Deny the First
Implementation Agreement By and Between the Redevelopment Agency and Huntington
Center Associates, LLC - Approve or Deny Assignment Assumption Agreements for Bella
Terra Associates, LLC (600.30) Approve or Deny the First Implementation Agreement by and
between the Redevelopment Agency and Huntington Center Associates, LLC; Approve or Deny
Assignment Assumption Agreements for Bella Terra Associates, LLC for the Transfer of the Site
and the Operation of the Parking Structure and, if approved, Authorize the City Administrator to
Execute on Behalf of the City All Documents Necessary to Carry Out and Implement the
Assignment Assumption Agreements.
Dated: August 5, 2005
ATTE . City Clerk M
1 hereby certify that I received the above notice, "Call of Special Meeting of the Huntington Beach City
Council" prior to 6:00 p.m. on Sunday, August 7, 2005.
MO� Z,,,Or
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced Late
Communications regarding an agenda item that had been received by her office following
distribution of the agenda packet:
Communication submitted by Charlie Bunten of US Technology Resources, L.L.C. dated August 8,
2005 and titled Owner Participation Agreement Transfer— Bella Terra urging Council to vote yes to
transfer the Owner Participation Agreement to DJM Capital Partners.
Communication submitted by City Attorney Jennifer McGrath dated August 8, 2005 titled Late
Communication, City Council Meeting of August 8, 2005, (City Council/Redevelopment Agency)
Approve or Deny the First Implementation Agreement By and Between the Redevelopment Agency
and Huntington Center Associates, LLC, Approve or Deny Assignment Assumption Agreements for
Bella Terra Associates, LLC transmitting amendments to the Request for City
Council/Redevelopment Agency Action (RCA).
Motion to Recess to Closed Session — Approved
A motion was made by Sullivan, second Green to recess to Closed Session on the following items.
The motion carried by unanimous consent of all present, none absent.
(Redevelopment Agency) Closed Session — Pursuant to Government Code Section 54956.9(b)(3)(B)
to confer with its attorney regarding pending litigation of which 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: Owner Participation Agreement By and
Between the Redevelopment Agency of the City of Huntington Beach and Huntington Center
Associates (120.80)
(3) August 8, 2005 - Council Minutes - Page 3
Reconvene City Council/Redevelopment Agency - Council Chambers — 7:10 p.m.
Present: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
Absent: None
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B).
The City Clerk Restated Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn restated Late
Communications regarding an agenda item that had been received by her office following
distribution of the agenda packet:
Communication submitted by Charlie Bunten of US Technology Resources, L.L.C. dated August 8,
2005 and titled Owner Participation Agreement Transfer — Bella Terra urging Council to vote yes to
transfer the Owner Participation Agreement to DJM Capital Partners.
Communication submitted by City Attorney Jennifer McGrath dated August 8, 2005 titled Late
Communication, City Council Meeting of August 8, 2005, (City CounciURedevelopment Agency)
Approve or Deny the First Implementation Agreement By and Between the Redevelopment Agency
and Huntington Center Associates, LLC, Approve or Deny Assignment Assumption Agreements for
Bella Terra Associates, LLC transmitting amendments to the Request for City
Council/Redevelopment Agency Action (RCA).
Public Comments
Milton Swimmer, representing J.H. Snyder Corporation, thanked Council for scheduling the Special
Meeting, reported on the status of completion of the Bella Terra project, and asked Council to approve
the recommended action.
Lindsay Parton, Managing Member of DJM Acquisitions Group and Bella Terra Associates thanked
Council for time taken to consider the agreement, announced his availability to answer questions, and
urged Council to approve the agreements.
(City Council/Redevelopment Agency) Approved the First Implementation Agreement By
and Between the Redevelopment Agency and Huntington Center Associates, LLC -
Approved Assignment and Assumption Agreements Between the City, Huntington Center
Associates, LLC and Bella Terra Associates, LLC for Operating Agreement for Huntington
Center Parking Structure and Approved Assignment and Assumption Agreement for Owner
Participation Agreement (OPA) between the Redevelopment Agency, Huntington Center
Associates, LLC and Bella Terra Associates, LLC (600.30)
City Administrator Penny Culbreth-Graft reported orally. Council inquiries ensued regarding the
terms of the assignment and the guarantee of completion of the project. Deputy City Attorney
Leonie Mulvihill reported.
(4) August 8, 2005 - Council Minutes - Page 4
A motion was made by Coerper, second Bohr to:
Recommended City Action:
1. Approve the Assignment and Assumption Agreement between the City of Huntington Beach,
Huntington Center Associates, LLC, and Bella Terra Associates, LLC, for the Operating Agreement
for the Huntington Center Parking Structure;
2. Authorize the City Administrator to execute on behalf of the City all documents necessary to
carry out and implement the Assignment and Assumption Agreement.
Recommended Agency Action:
1. Approve the Assignment and Assumption Agreement for the OPA dated October 2, 2000,
between the Redevelopment Agency of the City of Huntington Beach, Huntington Center
Associates, LLC, and Bella Terra Associates, LLC;
2. Approve First Implementation Agreement by and between the Redevelopment Agency and
Huntington Center Associates, LLC and authorize the Agency Chairman and Agency Clerk to
execute the agreement.
As amended above by Late Communication submitted by City Attorney Jennifer McGrath. The
motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
Adjournment — City Council at 7:22 p.m.
ATTEST:
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JivW-4)
ty Clerk -Clerk
City rk and ex-officio Cler of the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
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