HomeMy WebLinkAboutARCO - 1996-06-17Pipeline, Gas & Electric Franchises El ;A
C1,'( oi-
HUNT1I';:.3T0IN 3E ACH, CA
Company
Franchise
1001 JUL 23 P 2: 1 b
Name
Type
Description
So. Cal Gas Co
Pipeline/Sale of Gas
Ord. 3117 from 1991 to 2010 incorporated
the following Companies into # 3117:
Pacific Lighting Serv. Pipeline (both Pipeline
and Gas Franchises): Southern Counties
Gas Ord. 1308 (Gas)
So. Cal Edison
Pipeline
Ord. 687 (Indeterminate -in perpetuity)
So Cal Edison
Sale of Electricity
Ord. 555 (Indeterminate -in perpetuity)
Texaco
Pipeline
Ord. 3012 from 1988 to 2013
Pacific Pipeline
Pipeline
Ord. 3013 from 1988 to 2013
Torch Operating
Pipeline
Ord. 3354 from 1997 to 2013
(aka Nuevo Energy)
(took over Unocal Ord. 3014 & part
of Ord 3013 via Sale from Arco to Unocal)
CENCO
Tank Farm
Lease/Easement Agreement from 1985
to 2005
CENCO
Pipeline
Ord. 315 from 1983 to 2005
CENCO
Pipeline
Ord. 813 from 1956 to 2006
Chevron Pipeline Co
Pipeline
Ord. 3041 from 1988 to 2013
(aka Standard Gas)
Maynor,Donald
& MBIA Legal Svcs
All of above and more
2001 to Unspecific Duration w/latitude of
30 Written Notice to Terminate
•
•
Pipeline, Gas, Water Franchises
Company Name
Franchise Type
Description
vault File No.
pipeline, gas, or water
Pipeline Franchises
Pipeline
AA 600.45
1958 - 1983
General Info
Formerly Atlantic Richfield Ord. 898
Four Corners Pipeline
Pipeline
Renewed by Ord. 3013 to Exp. Oct. 5, 2013
FO 600.45
1957 - 1988
_
Golden Eagle Refinifg Co.
Pipeline
Franchise Pipelines
GO 600.45
Exp. 8/29/97 ( 50 years )
Pacific Coast Gasoline Co.
Pipeline
Pipeline - 10/7/57
PA 600.45
Exp. 5/15/97
Southern California Gas Co.
Pipeline
Formerly Pacific Lighting Sery Pipelines)
SO 600.45
Exp 9/10/2010 1919 to present
Franchise Agreement pursuant to City's Pipeline
Torch Operating Company
Pipeline
Franchise Ordinance - Ord 3354
TO 600.45
adopted 4/21 /97 Exp 2/20/2013 _
Maynor,. Donald H. Legal Services C,Ilgrts O lce 7v
_
Maynor, Donald H.
Legal ServicesIf,���
Gas
So. California Gas Franchise
MA 600.10
—
1989 - 1991
Calif Gas Transmission Co.
Gas
Intent to Grant Franchise - Application Withdrawn -
���,�,� 0-f x ry
CA 600.45
—
From 6/1 /61 1961 = 1975 +- _
Pacific Coast Gasoline Co.
Gas
Franchise Pipeline - 10/7/57
PA 600.45
Exp. 5/15/97
_
Southern California Gas Co.
Gas
_
Gas Franchise Ord 31117 1991 to present
SO 600.45
Exp. 7/1 /2010
Southern California Gas Co.
Gas
Formerly Pacific Lighting Sery Pipeline
SO 600.45
Exp. 9/10/2001 1919 to present
Southern California Gas Co.
Gas
Formerly Southern Counties Gas Ord. 1308
SO 600.45
Exp. 4/3/2007 1927 to present
Printed 3/27/02 @2:56 PM
Council/Agency Meeting Held:
Deferred/Continued to:„�oJ
S'A-pproved ❑ Conditionally Approved ❑ Denied
OClty Clerk's Signal re
Council Meeting Date: June 17, 1996
Department ID Number: PW96-009
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Adminjr,/;�% 1` ��—
PREPARED BY:4LES M. JONES II, Director of Public Works
MICHAEL P. DOLDER, Fire Chief 1?es %L -sa
SUBJECT: Oil Pipeline Sale (Sunset Heights Gathering Line)-- ARCO Pipe Line
Co. to Unocal Oil Co. of California (UNOCAL)
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments)
Statement of Issue:
ARCO Pipe Line Co.(APL) intends to sell the " Sunset Heights Gathering Line" to Unocal Oil
Co. of California (UNOCAL)
Fundinq Source:
There is no cost to the City involved in the recommended action.
Recommended Action:
Adopt the attached resolution No. / G and approve the Bill of Sale and
Assignment, between ARCO Pipe Line Co.(APL) and Unocal Oil Co. of California
(UNOCAL), for the transfer of approximately 14,160 feet of 6" pipeline lying within Heil
Avenue, between Algonquin and Goldenwest Streets.
Alternative Action(s):
Deny the recommended action.
RI -QUEST FOR COUNCIL ACTIQN
MEETING DATE: June 17, 1996
Analysis:
DEPARTMENT ID NUMBER: PW96-009
Unocal Oil Co. of California (UNOCAL) and ARCO Pipe Line Co.(APL) have entered into a
Purchase and Sale Agreement for. the transfer of approximately 14,160 feet of 6" pipeline
lying within Heil Avenue, between Algonquin and Goldenwest Streets.
Huntington Beach Municipal Code, Chapter 3.44 is incorporated into Ordinance No. 3013.
Huntington Beach Municipal Code, Section 3.44.210 requires that the grantee under a
franchise "....shall not sell, transfer, assign, or lease the franchise or any part thereof, except
with the written approval of the City Council".
Inasmuch as ARCO Pipe Line Co.(APL) will not have the City Council's consent to the sale
contemporaneously with APL's transfer of the pipeline, APL is requesting the City Council's
consent, in form and content, to the attached Bill of Sale and Assignment and approval of
resolution No. , such that APL may submit a copy of the duly executed Bill of Sale
and Assignment to the City Council.
The City Attorney has approved the Bill of Sale and Assignment as to form and content.
Environmental Status:
Not Applicable
Attachment(s):
1 Letter, from ARCO Pipe Line Co.(APL), requesting the consent of
City Council to the sale of the pipeline.
2 Bill of Sale and Assignment
3 Location map
4 Resolution
LMJ:BPC
0016815.01 ' -2- 05/30/96 10:10 AM
BILL OF SALE
THIS AGREEMENT, made this J day of O-,�cy- , 1996, by and
between ARCO PIPE LINE COMPANY, formerly Four Cornen(Pipe Mme Company, 5900 Cherry
Avenue, Long Beach, California 90805, a Delaware corporation (APL), and UNION OIL COMPANY
OF CALIFORNIA, a California corporation, dba Unocal, with offices at 9645 Santa Fe Springs Road,
Santa Fe Springs, California 90670 (Buyer).
WHEREAS, APL and Buyer executed the Sunset Heights Gathering System Pipeline Sale and
Purchase Agreement (Sale and Purchase Agreement), dated August 11, 1995, as amended, covering the
portion of APL's Sunset Heights Gathering System generally described in Exhibit "A-1", generally
located as shown on the map, marked Exhibit "A-2"; the easements, rights of way, permits, licenses
and other grants described in Exhibit "B"; and the Additional Property described in Exhibit "C". (All
of which collectively is known as "Sale Property".) The Sale Property does not include any of the
property described in Exhibit "D". All Exhibits are attached hereto and made a part hereof.
NOW, THEREFORE, effective the day and date first written above, and in consideration of
the sum of one dollar ($1.00) and other valuable consideration, receipt of which is hereby
acknowledged, APL and Buyer do hereby agree as follows:
APL sells, transfers, conveys, assigns and delivers to Buyer and Buyer purchases,
acquires and accepts from APL, all of APL's right, title and interest in and to the Sale
Property.
2. APL makes no representation or warranty with respect to the easements, rights of way,
permits, licenses and other grants granted by the instruments listed in Exhibit "B" (the
,ROW Instruments), other than to represent and warrant the ROW Instruments are free
and clear of all liens and encumbrances created by APL, except as agreed to in Section
3.04 of the Sale and Purchase Agreement. Specifically, without limitation as to other
disclaimers, APL does not represent or warrant that it has continuous rights of way for
Sunset Heights Gathering System.
3. APL makes the following representations and warranties, which are true in all material
respects at and as of the date set forth above: the personal property included in the
Sale Property is free and clear of all liens, claims, charges, mortgages, security
interests, pledges or other encumbrances of any nature whatsoever, except for those
described in Section 3.05 of the Sale and Purchase Agreement.
4. Buyer shall ratify, adopt and faithfully perform each and every contract or other
obligation of APL hereby being transferred, conveyed, assigned or delivered, which
contract is described on Exhibit "B" attached hereto.
S. Buyer acquires and accepts the Sale Property "AS IS", "WHERE IS" "WITH ALL
FAULTS" and, except for and only to the extent of the express representations and
warranties set forth in Article 3 of the Sale and Purchase Agreement, ANY AND ALL
OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE
SALE PROPERTY, WHETHER EXPRESS OR IMPLIED, ARE HEREBY
DISCLAIMED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS
OR WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR USE.
6. APL makes no representations or warranties as to the accuracy or completeness of
Exhibit "C".
WHEREFORE, the parties have executed this Agreement as of the day and year first above
written.
ARCO PIP \LINE COMPANY
RG. Sir d
itle: Attorney -OP&
UNION OIL COMPANY OF CALIFORNIA,
dba Unocal
ZI
J. S. Attebery
Tie: Attorney -in -Fact
0•
010
EXHIBTT A-1
SUNSET HEIGHTS GATHERING LINE
Description
Beginning at, and includin„ Check Valve No. 3418, approximately 120 feet east of the
intersection of Heil Avenue and Algonquin Street; then easterly approximately 2.5
miles of 6-inch gathering pipeline to, but not including, a connection with APL's 8-
inch Line No. 8 at Valve No. 1936, located at the intersection of Golden West Avenue
and Heil Avenue, in the City of Huntington Beach, County of Orange, State of
California
Also, a 4-inch lateral, beginning approximately 307 feet from the intersection of
Algonquin Street and Heil Avenue; then south to, and including, Valve No. 3089.
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• •
00
A:111
SUNSET HEIGHTS GATHERING LINE
Easements, Rights of Way, Permits, Licenses and other Agreements:
• None
00 EXHIBIT "C"
DESCRIPTION OF ADDITIONAL PROPERTY
3089 - 4", Ser. 30 Flg. Hand Wheel Operated, 4" Std. Oil Conn. to 6" Sunset Heights Gathering
•u •
3418 - 6". 300K Check Valve, Line #8 - Heil & Algonquin, Hungtington Beach -Sunset Heights Gathering
3417 - 6". 600r Hand Operated Gate Valve, Line #8 - Heil & Algonquin, Huntington Beach Sunset Heights
Gatherine
GOLDEN WEST CONNECTION
2618 - 6". Make: Hydril, Ser. 60 Plug. Heil & Golden West - Line #8 to Gulf
2617 - 6". Make: Hydril, Ser. 60 Plug. Heil & Golden West in Hungtington Beach, Line #8 to Gulf
3238 - 4". Location: Goldenwest & Heil in Hungtington Beach
OTHER
RTU at Fort Apache
EXHIBIT "D"
DESCRIPTION OF EXCLUDED PROPERTY
1936 - 6", Ser. 30, Make: WKM, Outside Screw & Yoke Flgd., Golden West St. & Heil Avenue
1935 - 8". Ser. 30, Make: WKM, Outside Screw & Yoke Flgd., Location: Golden West St. & Heil Avenue in
Huntington Beach
Other
Concrete vault located at the intersection of Golden West Street and Heil Avenue, in the City of Huntington
Beach
(Ref. Drawing number L-814)
IiL'ARCO Pipe Line Company is
and Right of Way Services Depa ent
I' 5900 Cherry Avenue
P.O. Box 787 (90801-0787)
Long Beach, California 90805-4454
Telephone 310 428-9000
Facsimile 310 428-9047
Y
August 22, 1996
Mr. Joseph Barron
Deputy City Attorney
City of Huntington Beach
P. O. Box 190
Huntington Beach, California 92648
Dear Mr. Barron:
i •
Sunset Heights Gathering Line Sale File
Franchises: City of Huntington Beach
ARCO Pipe Line Company (APL) transferred approximately 14,160 feet of 6" pipeline lying
within the City of Huntington Beach (City) lying within Heil Avenue to Unocal Oil Company
of California (UNOCAL). This transfer is effective July 31, 1996.
Pursuant to Resolution 96-52 which requires a copy of the Bill of Sale be forwarded to the
City Clerk, enclosed please find the subject document. Please note that the document is
entitled "Bill of Sale" and that UNOCAL's address was changed from Los Angeles to Santa
Fe Springs. The remainder of the document is identical to that provided to you earlier.
APL wishes to thank you, your staff and the other City officials who were involved in this
transaction for assisting in it's closure.
Very truly yours,
Ruth L. Rutherford,
Contract Right of Way Agent
Attachment
rr060-96
A subsidiary of Atlantic RiChhold Company
BILL OF SALE
THIS AGREEMENT, made this J I,4-t' day of 12-11'r'a(4 , 1996, by and
between ARCO PIPE LINE COMPANY, formerly Four Cornen(Pipe Lime Company, 5900 Cherry
Avenue, Long Beach, California 90805, a Delaware corporation (APL), and UNION OEL COMPANY
OF CALIFORNIA, a California corporation, dba Unocal, with offices at 9645 Santa Fe Springs Road,
Santa Fe Springs, California 90670 (Buyer).
WHEREAS, APL and Buyer executed the Sunset Heights Gathering System Pipeline Sale and
Purchase Agreement (Sale and Purchase Agreement), dated August 11, 1995, as amended, covering the
portion of APL's Sunset Heights Gathering System generally described in Exhibit "A-1", generally
located as shown on the map, marked Exhibit "A-2"; the easements, rights of way, permits, licenses
and other grants described in Exhibit "B"; and the Additional Property described in Exhibit "C". (All
of which collectively is known as "Sale Property".) The Sale Property does not include any of the
property described in Exhibit "D". All Exhibits are attached hereto and made a part hereof.
NOW, THEREFORE, effective the day and date first written above, and in consideration of
the sum of one dollar ($1.00) and other valuable consideration, receipt of which is hereby
acknowledged, APL and Buyer do hereby agree as follows:
1. APL sells, transfers, conveys, assigns and delivers to Buyer and Buyer purchases,
acquires and accepts from APL, all of APL's right, title and interest in and to the Sale
Property.
2. APL makes no representation or warranty with respect to the easements, rights of way,
permits, licenses and other grants granted by the instruments listed in Exhibit "B" (the
ROW Instruments), other than to represent and warrant the ROW Instruments are free
and clear of all liens and encumbrances created by APL, except as agreed to in Section
3.04 of the Sale and Purchase Agreement. Specifically, without limitation as to other
disclaimers, APL does not represent or warrant that it has continuous rights of way for
Sunset Heights Gathering System.
3. APL makes the following representations and warranties, which are true in all material
respects at and as of the date set forth above: the personal property included in the
Sale Property is free and clear of all liens, claims, charges, mortgages, security
interests, pledges or other encumbrances of any nature whatsoever, except for those
described in Section 3.05 of the Sale and Purchase Agreement.
4. Buyer shall ratify, adopt and faithfully perform each and every contract or other
obligation of APL hereby being transferred, conveyed, assigned or delivered, which
contract is described on Exhibit "B" attached hereto.
• •
••
S. Buyer acquires and accepts the Sale Property "AS IS", "WHERE IS" "WITH ALL
FAULTS" and, except for and only to the extent of the express representations and
warranties set forth in Article 3 of the Sale and Purchase Agreement, ANY AND ALL
OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE
SALE PROPERTY, WHETHER EXPRESS OR IMPLIED, ARE HEREBY
DISCLAIMED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS
OR WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR USE.
6. APL makes no representations or warranties as to the accuracy or completeness of
Exhibit "C".
WHEREFORE, the parties have executed this Agreement as of the day and year first above
written.
ARCO PIPE LINE COMPANY
G. Str d
Attorney-m-act
M
UNION OIL COMPANY OF CALIFORNIA,
dba Unocal
J. S. Attebery
Ti e: Attorney -in -Fact
EXHIBIT A-1
SUNSET HEIGHTS GATHERING LINE
Description
Beginning at, and includin„ Check Valve No. 3418, approximately 120 feet east of the
intersection of Heil Avenue and Algonquin Street; then easterly approximately 2.5
miles of 6-inch gathering pipeline to, but not including, a connection with APL's 8-
inch Line No. 8 at Valve No. 1936, located at the intersection of Golden West Avenue
and Heil Avenue,; -in the City of Huntington Beach; County- of Grange, State of
California
Also, a 4-inch lateral, beginning approximately 307 feet from the intersection of
Algonquin Street and Heil Avenue; then south to, and including, Valve No. 3089.
q:11:
SUNSET HEIGHTS GATHERING LINE
Easements, Rights of Way, Permits, Licenses and other Agreements:
• None
EXHIBIT "C"
DESCRIPTION OF ADDITIONAL PROPERTY
VALVE
NUMBER DESCRIPTION
CHEVRON CONNECTION
3089 - 4", Ser. 30 Flg. Hand Wheel Operated, 4" Std. Oil Conn. to 6" Sunset Heights Gathering
UNOCAL CONNECTION
3418 - 6". 3004 Check Valve, Line #8 - Heil & Algonquin, Hungtington Beach -Sunset Heights Gathering
3417 - 6". 6004 Hand Operated Gate Valve, Line #8 - Heil & Algonquin, Huntington Beach Sunset Heights
Gathering
GOLDEN WEST CONNECTION
2618 - 6". Make: Hydril, Ser. 60 Plug. Heil & Golden West - Line #8 to Gulf
2617 - 6". Make: Hydril, Ser. 60 Plug. Heil & Golden West in Hungtington Beach, Line #8 to Gulf
3258 - 4". Location: Goldenwest & Heil in Hungtington Beach
OTHER
RTU at Fort Apache
.: EXHIBIT "D"
DESCRIPTION OF EXCLUDED PROPERTY
1936 - 6", Ser. 30, Make: WKM, Outside Screw & Yoke Flgd., Golden West St. & Heil Avenue
1935 - 8", Ser. 30, Make: WKM, Outside Screw & Yoke Flgd., Location: Golden West St. & Heil Avenue in
Huntington Beach
Other
Concrete vault located at the intersection of Golden West Street and Heil Avenue, in the City of Huntington
Beach
(Ref. Drawing number L-814)
`ARCO Pipe Line Company
Land and Right of Way Services Department
5900 Cherry Avenue
P.O. Box 787 (90801-0787)
Long Beach, California 90805-4454
Telephone 310 428 9000
Facsimile 310 428 9047
February 1, 1996
City Council
City of Huntington Beach
P. O. Box 190
Huntington Beach, California 92648
Dear Council Members:
•
Sunset Heights Gathering Line Sale .
SSH-0000.000
ARCO Pipe Line Company (APL) maintains and operates underground pipelines lying within
the City of Huntington Beach (City) pursuant to Ordinance No. 3013
Unocal Oil Company of California (UNOCAL) and APL have entered into a Purchase and
Sale Agreement for the transfer of approximately 14,160 feet of 6-inch pipeline lying within
Heil Avenue between Algonquin and Golden West Streets. Drawing PP-39-Index which
shows the location of the pipeline is enclosed.
Chapter 3.44 of the Huntington Beach Municipal Code is incorporated into Ordinance No.
3013. Section 3.44.210 requires that the grantee under a franchise ".... shall not sell, transfer,
assign, or lease the franchise or any part thereof, except with the written approval of the
council".
Inasmuch as APL will not have the City Council's consent to the sale contemporaneously with
APL's transfer of the pipeline, APL respectfully requests the City Council's consent, in form
and content, to the attached Bill of Sale and Assignment, such that APL and GEO may submit
a copy of the duly executed Bill of Sale and Assignment to the City Council.
Thank you for your cooperation in this matter.
Very truly yours,
&Xz;tU o� ?0�
Ruth L. Rutherford
Contract Right of Way Agent
Enclosures
rr009-96
A subsidiary of Atlantic Richfield Company
BILL OF SALE AND ASSIGNMENT
THIS AGREEMENT, made this day of , 1996, by and
between ARCO PIPE LINE COMPANY, formerly Four Corners Pipe Line Company, 5900 Cherry
Avenue, Long Beach, California 90805, a Delaware corporation (APL), and UNION OIL COMPANY
OF CALIFORNIA, 1201 West Fifth treet, Los Angeles, California, 90017, a Delaware corporation
(Buyer).
WHEREAS, APL and Buyer executed the Sunset Heights Gathering System Pipeline Sale and
Purchase Agreement (Sale and Purchase Agreement), dated August 11; 1995, as amended, covering the
portion of APL's Sunset Heights Gathering System- generally described in Exhibit "A-1", generally
located as shown on the map, marked Exhibit "A-2"; the easements, rights of way, permits, licenses
and other grants described in Exhibit."B"; and the Additional Property described in Exhibit "C". (All
of which collectively is known as "Sale Property".) The Sale Property does not include any of the
property described in Exhibit "D". All Exhibits are attached hereto and made a part hereof.
NOW, THEREFORE, effective the day and date first written above, and in consideration of
the sum of one dollar ($1.00) and other valuable consideration, receipt of which is hereby
acknowledged, APL and Buyer do hereby agree as follows:
1. APL sells, transfers, conveys, assigns and delivers to Buyer and Buyer purchases,
acquires and accepts from APL, all of APL's right, title and interest in and to the Sale
Property.
2. APL makes no representation or warranty with respect to the easements, rights of way,
permits, licenses and other grants granted by the instruments listed in Exhibit "B" (the
ROW Instruments), other than to represent and warrant the ROW Instruments are free
and clear of all liens and encumbrances created by APL, except as agreed to in Section
3.04 of the Sale and Purchase Agreement. Specifically, without limitation as to other
disclaimers, APL does not represent or warrant that it has continuous rights of way for
Sunset Heights Gathering System.
3. APL makes the following representations and warranties, which are true in all material
respects at and as of the date set forth above: the personal property included in the
Sale Property is free and clear of all liens, claims, charges, mortgages, security
interests, pledges or other encumbrances of any nature whatsoever, except for those
described in Section 3.05 of the Sale and Purchase Agreement.
4. Buyer shall ratify, adopt and faithfully perform each and every contract or other
obligation of APL hereby being transferred, conveyed, assigned or delivered.
5. Buyer acquires and accepts the Sale Property "AS IS", "WHERE IS" "WITH ALL
FAULTS" and, except for and only to the extent of the express representations and
warranties set forth in Article 3 of the Sale and Purchase Agreement, ANY AND ALL
OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE
SALE PROPERTY, WHETHER EXPRESS OR IMPLIED, ARE HEREBY
DISCLAIMED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS
OR WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR USE.
6. APL makes no representations or warranties as to the accuracy or completeness of
Exhibit "C".
7. At and as of the date set forth above, APL makes the representation and warranty that
the representations and warranties made by APL as set forth in Sections 3.08 through
3.14 of the Sale and Purchase Agreement are true in all material respects.
8. At and as of the date set forth above,_Buyer makes the representation and warranty that
the representations and warranties made by Buyer as set forth in Sections 4.04 through
4.07 of the Sale and Purchase Agreement are true in all material respects.
WHEREFORE, the parties have executed this Agreement as of the day and year first above
written.
ARCO PIPE LINE COMPANY UNION OIL COMPANY OF CALIFORNIA
Title:
Title:
.c"._-'BIRO D 2S TO FHM:
GAIL 11UiT'Oi1.,, City Attorney
By.. J)eputy City Atto-r .ey
•
Ml1: W
SUNSET HEIGHTS GATHERING LINE
Description
Beginning at, and includin„ Check Valve No. 3418, approximately 120 feet east of the
intersection of Heil Avenue and Algonquin Strut; then easterly approximately 2.5
miles of 6-inch gathering pipeline to, but not including, a connection with APL's 8-
inch Line No. 8 at Valve No. 1936, located at the intersection of Golden West Avenue.
and Heil Avenue, in the City of Huntington Beach, County of Orange, State of
California
Also, a 4-inch lateral, beginning approximately 307 feet from the intersection of
Algonquin Street and Heil Avenue; then south to, and including, Valve No. 3089.
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9PUMCATIONS 1EN[lM OF uNE Z
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
KUW114C EMI BEACH
TO: Gail Hutton, City Attorney Date: 7/10/96
FROM: Connie.Brockway, City Clerk
SU NECT: Arco,Pipe Line Co Sa4e of Sunset Heights Gathering Line to
Unocal Oil Co
Pursuant to section 2 of Resolution No. 96-52 the attached original material
including Bill of Sale are.transmitted to your office for execution by
ARCO and UNOCAL.
After execution please return a copy of the Bill of Sale to the City Clerk's
office for the City's official record.
�A.
M3
RESOLUTION NO. 9 6 - 5 2
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH APPROVING
ARCO PIPE LINE CO.'S SALE OF THE SUNSET HEIGHTS
GATHERING LINE TO UNOCAL OIL CO. OF CALIFORNIA
WHEREAS, the City of Huntington Beach has considered allowing the sale of the
Sunset Heights Gathering Line and determined that such sale is beneficial,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. Pursuant to section 3.44.210 of the Huntington Beach Municipal Code, the City
Council of the City of Huntington Beach hereby approves Arco Pipe, Line-Co.'s (APL) sale of
the Sunset Heights Gathering Line to Unocal Oil Co. of California (Unocal).
2. Approval shall be effective upon the date of execution by APL and Unocal of
the Bill of Sale and upon delivery of said Bill of Sale to the City Attorney.
3. Following City Attorney review, the copy of the Bill of Sale shall be forwarded to
the City Clerk4or the City's official record.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17th day of June , 1996.
ATTEST �j _ Mayor
City Clerk
REVIEWED AND AAPPROV
-- Fit,
L �!
City Administritor
APPROVED AS TO FORM:
6- (-f4 City Attome '1y 6
INIT-TED A APPROVED:
A
Director o u 'c Works
JWCDJm"WpWn osn 1 M
•
Res. No. 96-52
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
,CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council of
the City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of said
City Council at a regular .meeting thereof held on the 17th of June,1996 by the
following vote:
AYES: Councilmembers: Harman, Leipzig, Bauer, Sullivan, Dettloff,
Green, Garofalo
NOES: Councilmembers: None
ABSENT: Councilmembers: None
� City Clerk and ex-officio CWk of the
City Council of the City of Huntington-_
Beach, California
G/-1uWrmbkpg
•
•
MINUTES
CITY CO UNCIL/REDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH
5:00 P.M. Room B-8
7:00 P.M. Council Chamber
Huntington Beach, California
Monday, June 17, 1996
A video tape recording of this meeting.
is on file in the Office of the City Clerk
Call To Order 2
Mayor Sullivan 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: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
Absent: None
Recess - Closed Session
Mayor Sullivan called a recess of the City Council and the Redevelopment Agency at 5:05 p.m. to
consider the following closed session items:
Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its
designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire,
Liebert, Cassidy and Frierson, regarding Labor Relations Matters - Meet and Confer with the
following employee organizations: Marine Safety Officers' Association, Police Officers'
Association, Police Management Association, Municipal Employees' Association, Management
Employees' Organization, Huntington Beach Firefighters' Association, and Surf City Lifesaving
Employees' Association. (120.80)
Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.9(c) to
confer with its attorney regarding pending litigation. (Based on existing facts and circumstances,
the legislative body of the local agency has decided to initiate or is deciding whether to initiate
litigation.) Number of Potential Cases - 1. Subject: Third Block West Soil Remediation (120.80)
Closed Session - City Council pursuant to Government Code 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 City v. Marow Orange County Superior Court Case No. 72 94 15. (400.50)
Closed Session - City Council pursuant to Government Code 54956.9(c) to confer with its attorney
regarding pending litigation. (Based on existing facts and circumstances, the legislative body of
the local agency has decided to initiate or is deciding whether to initiate litigation.) Number of
Potential Cases - 1. Subject: H.B.P.O.A. Lease of Gun Range (120.80)
kO.
Page 2 - Council/Agency Minutes - 06/17/96
U
Closed Session - City Council pursuant to Government Code 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 Lloyd Edward's and Howard Subnick v. Citizens Bureau of Investigation,
et al. (120.80)
Reconvene
The Mayor reconvened the regular meetings of the City Council and the Redevelopment Agency at
7:00 p.m. in the Council Chamber.
Pledge Of Allegiance
The Pledge of Allegiance was given by those present in the Council Chamber.
City Council/Redevelopment Agency Roll Call
Present: Harman, Leipzig, Bauer, Sullivan, Dettloff, Garofalo, (Green arrived at 7:55 p.m.)
Absent: None
U
Presentation - By Mayor Dave Sullivan and Tom Ryan, Environmental Board Chair, to
Jan Thomas, Education Specialist and Coordinator, Huntington Beach Retired Volunteer Senior
Program (RSVP) and two members of RSVP, Fred Beuyer and Tom Ohlendorf, winners of the
1996 Awards Program for Community Beautification. RSVP has removed over 35,000 signs from
city streets in the past two years.
Late Communications Announced By The City Clerk
Pursuant to the Brown Act, the City Clerk announced the following late communications which had
been received following distribution of the City Council agenda:
Communication from the Community Development Director, dated June 14, 1996, regarding City
Development Fees and Comparison with other cities
Communication from Joyce Riddell, President of the Huntington Beach Chamber of Commerce,
dated June 7, 1996, regarding the Community Enrichment Library Fee
Communication from the Building Industry Association of Southern California, Incorporated, dated
June 17, 1996, requesting a 30 day continuance of the Development Fee Increase/Community
Enrichment Library Fee
Communication from Thomas Fisher, dated June '17, 1996, regarding the Notice for Processing
Animal Control Citations
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06/17/96 - City Council/Redevelopment Agency Minutes - Page 3
Communication from Gail Hutton, City Attorney, dated June 7, 1996, regarding the Boys and Girls
Club Facility Lease
Request for Council Action from Gail Hutton, City Attorney, dated June 17, 1996, regarding the
Proposed Sale and Exchange of Encyclopedia Lots, Resolution No. 96-54
Communication from Deputy City Administrator Franz, dated June 17, 1996, regarding the Cultural
Arts Expenses: General Fund
Communication from Pam Julien, Fourth of July Executive Board Chair, dated June 17, 1996, titled
Suspension of Bolsa Chica Land Trust from the 1996 Fourth of July Parade
Memorandum, from Councilman Bauer, dated June 17, 1996 to the City Administrator titled
Financial Goals for Economic Development
Public Comments
Mike Green, Save Our Kids representative, thanked Council and in particular Councilmen Bauer
and Garofalo for the item on the agenda regarding placement on the November ballot of the Youth
Sports Field Grants and construction of recreational facilities
• Chuck Beauregard, Save Our Kids representative, addressed Council in favor of the ballot
measure for Youth Sports Field Grants and construction of recreational facilities.
Kristen Green, student, spoke in favor of the ballot measure as it would provide needed playing
fields.
Paughi Nichols spoke on behalf of girls volleyball and in support of the proposed ballot measure.
She spoke regarding the need for playing facilities.
Debbie Cook, Bolsa Chica Land Trust representative, asked that the Land Trust be allowed to
participate in the Fourth of July Parade and gave reasons for her request. She questioned if it is
unsafe to pass out book marks at the parade, why is it not unsafe to pass out candy, project silly
string or paint faces. Ms. Cook spoke regarding the U.S. Supreme Court decision relative to a case
regarding permit denial.
Marcia Hanscom, Sierra Club, legal representative for the Bolsa Chica and Director of Wetlands
Action Network in Malibu, requested that the Bolsa Chica Land Trust be allowed to participate in
the Fourth of July Parade. She spoke in opposition to what she believed to be attempts by the Koll
Company to control the community and to quash voices of dissent for this project. She requested
that Council not allow the Koll Company to pull the reins in on public debate and that Council allow
the Land Trust to participate in the parade. She distributed the bookmark to Council.
In response to Mayor Sullivan, Ms. Hanscom confirmed that upon notification during last year's
• parade, she and the other person who were distributing bookmarks had stopped; that they had not
known they were not supposed to pass them out.
370
Page 4 - Council/Agency Minutes - 06/17/96
Juana Mueller Officer of the Bolsa Chica Land Trust stated that the Land Trust is being denied
participation in the parade due to bookmarks being handed out last year which will not again occur;
that if the issue is safety as reported in the L.A. Times, why are children allowed to dart in and out
among the parade marchers, spraying them with silly string as they march. She requested that
Council intervene and ask the Parade Committee to allow their participation.
Eileen Murphy requested that Council allow the Bolsa Chica Land Trust to participate in the Fourth
of July Parade. She thanked Councilman Bauer for putting the item on the Agenda.
Marge Allen requested that the Council allow the Bolsa Chica Land Trust to participate in the
Fourth of July Parade. She stated that the bookmarks were about generic wetlands not specific
wetlands. She gave reasons why she did not believe the distribution had caused a safety hazard.
Melanie Torbert addressed Council on behalf of her client, the adjacent property owner in the area
of the encyclopedia lots (Fairview Addition) which had been discussed at the last Council meeting.
She spoke regarding her dealings with city staff on the issue. She requested that they have an
opportunity to have an open bid and that Council reconsider and allow her client the same
opportunity as Mr. Ryan relative to the encyclopedia lots, (city vs. Marow).
David Kozich, representing Courtney Dubar, addressed Council regarding what he believed was a
lack of notice and procedure to allow the property (Fairview Addition) to be bid on by other
adjacent property owners. He stated that not allowing his client to bid for the property would
adversely affect his individual legal rights. He requested that Council exercise their fiduciary .
responsibility and allow either continuance of the matter until they can submit bids or vote down
the resolution in which case a procedure and proper notice can be established so that his client
can have an equal opportunity to bid.
Bob Dubar, father of Courtney Dubar, addressed Council regarding his son's efforts to buy the
property to enlarge his house. He requested an opportunity to bid on the property.
Renee Schwartz, Huntington Beach Mother's Club representative, spoke against the taking away
of safety service from the community.
Denise Carlton, Huntington Beach Mother's Club representative, spoke in opposition to proposed
cuts in safety services. She stated that reduction in the police force will adversely affect the
community. She requested the City Council to find ways to increase revenues.
Cheri Olson, Huntington Beach Mother's Club representative, stated that she and her husband
believe this is the only place to live and requested that Council not cut back on the Police
Department.
Katrina Scott, Huntington Beach Mother's Club representative, spoke against elimination of the
Helicopter Program and stated its benefits to the city. She requested that public safety be exempt
from any more cuts.
Leslie Edwards, Huntington Beach Mother's Club representative, spoke against safety cuts and the •
need to pay for police overtime. She. offered suggestions including eliminating Department Head
cars and instead providing a reasonable car allowance. She announced that she was initiating a
recall against Councilmembers Leipzig, Bauer, Sullivan, and Harman. Mrs. Edwards stated that
she was running for Council in the upcoming election.
371
06/17/96 - City Council/Redevelopment Agency Minutes - Page 5
The CityAdministrator stated that at the last meeting Council had voted not to cut the Drug Abuse
9 9
Resistant Education Program (DARE) or the Neighborhood Watch Program.
Steve Gullage, Huntington Beach Mobile Homeowner's Association representative, requested that
Council support SCA 37 Mobilehome Park Rent Stabilization. He requested that Council approve
Ordinance No. 3332 establishing the Mobile Home Advisory Board, which is scheduled on this
agenda. He stated that he believed Councilman Garofalo was right relative to this new plan for the
Youth Sports ballot measure being workable and better than the previous plan.
Don Jankoviak, representing General Telephone, presented reasons in support of Council approval
of the request from General Telephone for relief from the penalty imposed for late payment of the
August, 1995, utility users tax collections.
Larry McConnell, Vice President of the Huntington Beach High School Aquatics Program,
requested information on how to have the swimming pool at Huntington Beach High School
repaired or have a new one built. He stated that the pool has not had water in it for four or five
years; that the pool is probably dangerous and the school is not proud of this 1909 pool. He
requested that Council consider Huntington Beach High School when thinking of expansion of the
athletics program.
Councilman Garofalo commented on the last Community Services Commission meeting at which
this issue arose. He asked if this situation arose because the school district did not want to pay
40.
maintenance.
Mr. McConnell confirmed that this is the case.
The Community Services Director reported on the reasons this is not part of the proposed
November ballot measure including the fact that the pool does not lend itself to multi -age groups
and its small size. He stated the idea of rehabilitating it for use was good; however, this is the
school district's responsibility.
Flora Powelson spoke regarding the necessity of police services and the police officers' need for a
salary raise.
Tom Fisher spoke regarding his communication to Council dated June 17, 1996, which had been
announced earlier in the meeting by the City Clerk. He spoke regarding the problem with dogs in
his neighborhood and his problems with Orange County Animal Control. He recommended that
Council take control of their dog ordinances as.does the cities of Newport Beach and Corona del
Mara
Councilman Bauer recommended that Mr. Fisher look into the Safe Street Program. In response to
Council, the City Attorney stated that she had contacted the county and the county will start citing
under city ordinance which will allow the city to prosecute. The City Attorney stated her office will
.request continuation of the Agenda Item regarding the Orange County Animal Services so that it
can be reviewed.
Thom Doney spoke regarding his concern with the direction he believes the city is heading such as
crime and deterioration of Huntington Center. He spoke regarding the need to attract businesses
to the city. Mr. Doney spoke regarding what he believes to be trivial issues such as on the agenda
regarding the participation by the Bolsa Chica Land Trust in the Fourth of July Parade.
372
Page 6 - Council/Agency Minutes- 06/17/96
Late Communication Announced
The City Clerk announced that a letter had been received from the General Telephone Company
dated May 3, 1996, relative to the Agenda Item scheduled later in the meeting.
Council Committee/Council Liaison Reports - PCTA Report - Cable TV Service Interruption
Mayor Sullivan reported on the recent meeting of the PCTA where the interruption of cable service
was discussed. He reported that the one day credit was brought before the Cable TV Authority
and that Time Warner representatives had stated that on a case by case basis they would consider
claims from persons who had experienced longer service interruptions.
City Administrator's Report - Agenda Items for June 24, 1996 Council Meeting
The City Administrator announced that the June 24, 1996 Council meeting would encompass a
closed session on labor relations, continued budget discussion, and Waterfront Hotel Development
Land Use proposal.
Public Hearing - Continued Open from June 3, 1996 - Community Enrichment Library Fee •
Increase - Introduction Of Ordinance No. 3331 - Resolution No. 96-42 Public Hearing -
Continued Open To July 1, 1996
The Mayor announced that this was the time scheduled for a public hearing to consider an increase
to the City's Community Enrichment Library Fee. The revision is being recommended as a cost
recovery measure. It is proposed that the fee be increased from $.15 to $.30 per square foot of
new construction. This benefit assessment is used to fund Library Services.
Mayor Sullivan stated that the Chamber of Commerce and the Building Industry of America (BIA)
had requested a continuance of the hearing. He stated that he believed a continuance to
July 1, 1996 to be adequate rather than a 30 day continuance.
The City Librarian informed Council that Attachments D and E were new in the packet from the
June 3, 1996 meeting.
Mayor Sullivan declared the public hearing open.
Irma Loper, President of Friends of the Children's Library invited Council to their kick-off event for
their summer reading program. She gave reasons why she supported the fee increase.
Olga Wrobel, Friends of the Library representative, requested that the fee be increased, as it would
allow new residents to buy into the library.
Patricia Bril, Library Board of Trustees representative, spoke regarding the need to provide
continued support for the library. She stated that the printed word is still important - not only
Internet.
373
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• 0
Is
06/17/96 - City Council/Redevelopment Agency Minutes - Page 7
Wade Hawley addressed Council and stated that he believes the library will suffer if the fee is not
increased. He stated that delay in the fee increase will cause a loss of money from developments.
Councilman Garolfalo stated that this fee will stop when the city is built out and that he hopes all
groups will look ahead.
Patricia Powers spoke in support of the increase in the Community Enrichment Library Fee.
Richard Therrell, Library Patrons Foundation, President Elect, informed Council that he will be
moving to Huntington Beach soon and will not mind paying for the fee increase.
Dorothy Silverman spoke on behalf of all the library support groups and urged Council support.
She stated that this will affect only the new residents and that others have been paying for years.
She stated that tax support for the library was comparatively low compared to other cities.
Public Hearing - Community Enrichment Fee Increase - Continued to July 1, 1996
A motion was made by Green, second Leipzig, to continue the public hearing open on the
Community Enrichment Library Fee Increase to the July 1, 1996. The motion carried unanimously.
Councilman Bauer requested that the City Administrator to return with a companion proposal as to
how and by what name to levy a fee and what sort of fee is feasible to fund the other cultural
activities as outlined by Administrative Services Director Franz in his memorandum.
The City Administrator reported on the issue of the memorandum from the Administrative Services
Director. He outlined the kind of report that would be prepared for Council. He also spoke
regarding what he believed was the original use of the fee which was for capital use, not
necessarily in support of personnel which is on -going. He stated, however, that Council was limited
only to the language of that fee. He stated that he would also report on this issue.
Councilman Garofalo stated that other cities should be looked at to see how they allocate fees and
to return with a formula.
Councilwoman Dettloff requested clarification from Councilman Bauer relative to whether he was
recommending that the amount going to the library would remain the same but that the increase
could take care of other services.
Councilman Bauer responded that this is an alternative. He stated that he believed there should
be equity as to how services are provided to cultural and library activities.
Councilman Harman spoke regarding the feasibility of an entertainment tax and requested that the
City Administrator include this in his report next week.
Councilman Garofalo stated that he believed staff feedback is needed regarding developer's
down -sizing and that the original square footage that was planned prior to down -sizing should be
used to determine the impact fee as so much processing time and staff time has been expended.
He also spoke regarding the need for a public safety assessment district to be considered based
on new construction.
37.4
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Page 8 - Council/Agency Minutes - 06/17/96
(City Council) Public Hearing - Resolution No. 96-53 - Adopted - Formation Of Underground
Utility District No. 96-01 - Beach Boulevard Between Yorktown And Garfield Avenues ( . )
Mayor Sullivan announced that this was the meeting scheduled for a public hearing, pursuant to
Resolution of Intent No. 96-43, adopted on June 3, 1996 to ascertain whether public necessity,
health, safety or welfare requires the removal of poles, overhead wires and associated overhead
structures and the underground installation of wires and facilities for supplying electric,
communication or similar associated service within the public rights -of -way along Beach Boulevard
between Yorktown and Garfield Avenues.
The City Council considered Resolution No. 96-53.
The City Engineer presented a staff report.
Mayor Sullivan declared the public hearing open.
There being no one to speak on the matter and there being no protests filed, either oral or written,
the hearing was closed by the Mayor.
A motion was made by Green, second Dettloff, to adopt Resolution No. 96-53. "A Resolution Of
The City Council Of The City Of Huntington Beach Establishing Underground Utility District On
Beach Boulevard Between Yorktown And Garfield Avenues." The motion carried by the following •
roll call vote:
Ayes: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green
Noes: None
Absent: (Garofalo -out of the room)
(City Council) Public Hearing - Re -programming A Portion Of The Community Development
Block Grant (CDBG) Funds - Approved (340.70)
Mayor Sullivan announced that this was the meeting scheduled to consider re -programming a
portion of the federal Community Development Block Grant funds which will cause an amendment
to the 1995/96 Action Plan. Council will prioritize projects for re -programming approximately
S100,000 to $275,000 from either canceled or completed projects coming in under budget.
Projects currently under consideration for receiving the funding are: Washington Enhancement
Area public improvements (including Alhambra Street and Silver Lane for $64,000 and $75,000
respectively); the Huntington Beach Community Clinic, $100,000; City Hall renovation to meet the
Americans' with Disabilities Act requirements, $124,000; and increasing funds for the
Neighborhood Improvement Program, S40,000. The amount identified for re -programming
currently is insufficient to fund all of these projects at this time. As other projects are completed
and funds become available during the year, these projects will receive such re -programmed funds
as necessary.
David Biggs, Economic Development Director, presented a staff report.
Mayor Sullivan requested clarification of a portion of the report regarding the impact of this
investment on the city's public services cap.
375
06/17/96 - City Council/Redevelopment Agency Minutes - Page 9
•
Economic Development Director Biggs reported on the various types of caps such as
Administration, Public Services, and Capital Projects. He stated there had been concern that the
type of equipment being purchased by the Community Center might not fall into the Capital
Projects classification and may fall into the Public Services Caps, however, HUD's initial indication
is that it will not impact the Capital Improvement Cap.
Discussion was held regarding the matter.
Economic Development Director Biggs reported on a subsequent agreement which will be a
separate action in two to four weeks. He stated a written verification from HUD should be received
before that time.
Dale Lechtman, Registered Nurse, Ocean View School District, stated her support for the
Community Clinic and spoke regarding the help it gives to people. She gave examples of students
she has referred to the clinic and spoke regarding its easy accessibility. Ms. Lechtman stated that
she is speaking on behalf of all the school nurses.
Rich Crandall spoke regarding the help he had received during the time he was ill and not
employed. Mr. Crandall stated he is a dwarf and that the Community Clinic had found information
and help for his needs.
Gracie Oliver spoke in support of the Community Clinic and the clinic's need for an updated
• telephone system.
Jacqueline Cherewick spoke regarding the Community Clinic's computer and telephone needs, as
their equipment is very outdated and does not allow people to reach them. She stated they would
like to increase access to the clinic to prevent communicable diseases such as Tuberculosis.
John Carter spoke regarding the need to have a computer system for the clinic and to upgrade
their telephone system.
There being no one further to speak on the matter and there being no protests filed, either oral or
written, the hearing was closed by the Mayor.
A motion was made by Green, second Garofalo, to approve the recommended action to program
Community Development Block Grant (CDBG) funds to the Huntington Beach Community Clinic for
$100,000 and amend the 1995-96 Action Plan accordingly.
Economic Development Director Biggs reported on the procedure for re -programming of funds.
Councilman Harman asked if other organizations were made aware.
Mr. Biggs stated not in any way other than the normal advertising process.
Economic Development Director Biggs explained the re -programming.
• Councilman Bauer stated that he was alarmed that the Board did not want to fund city projects any
more, just private projects. He requested that the City Administrator bring the city projects to the
attention of Council to help within the budged deficit.
376
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Page 10 - Council/Agency Minutes - 06/17/96
•
Councilwoman Dettloff reported on the elimination of the Oakview Library and asked when
Oakview would be possible for funding.
Economic Development Director Biggs reported on the time.
The City Administrator stated that he would like a majority of Council to concur with Councilman
Bauer's earlier suggestion.
Councilman Garofalo stated the necessity of defining the structure and the policies set forth for the
Citizens Advisory Board and Human Resources Board.
Councilman Sullivan stated he was concerned with the Americans' with Disabilities Act as City Hall
improvements were -dropped and stated that he believed these improvements were important for
community access.
The motion made by Green, second Garofalo, to approve the recommended action to program
Community Development Block Grant (CDBG) funds to the Huntington Beach Community Clinic for
$100,000 and amend the 1995-96 Action Plan accordingly carried by the following roll call vote:
AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES: None
ABSENT: None •
Recess -Reconvene
The Mayor called a recess of the City Council at 10:10 p.m. The meeting was reconvened by the
Mayor at 10:20 p.m.
The Mayor asked the City Clerk if Mr. Gyrokos, who was not present during public comments, was
present to speak at this time.
John Gyrokos, representing Mr. Courtney Dubar, adjacent property owner to lots being sold to
Mr. Ryan, stated that Mr. Dubar would like the Agenda Item regarding the encyclopedia lots,.
Fairview Addition, continued to allow him an opportunity to bid on the lots. He informed Council
that Mr. Dubar believes he can offer a better price to the city and that he should have equal footing
to make the offer.
Consent Calendar - Items Removed
At the request of various Councilmembers the following Consent Calendar items were removed for
separate consideration:
Resolution No. 96-51, Fire Department Permits; Supplemental Law Enforcement Support for the
Fourth Of July Activities; Bid Award - Resurfacing of Various Local Streets; Annual Review of
Rainbow Disposal Refuse Rates; Professional Services Agreements with Keyser Marston
Associates and Sedway Kotin Mouchly Group; and City Council Legislative Committee
Recommendations on Pending Legislation.
377
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is
•
06/17/96 - City Council/Redevelopment Agency Minutes - Page 11
The Agenda Item regarding the Orange County Animal Control Contract was deferred
to July 1 1996.
Consent Calendar - Items Approved
(City Council/Redevelopment Agency) Minutes - Approved And Adopted - Approved and
adopted minutes of the regular City Council and Redevelopment Agency meetings of
March 4, 1996 and March 18, 1996 and adjourned regular meeting of March 11, 1996 as written
and on file in the Office of the City Clerk.
(City Council) City To Join Class Action Suit In Matter Of City Of Torrance v. State
Compensation Insurance Fund - Approved (630.40) - Approved city joining in the class action
suit brought by the City of Torrance against the State Compensation Insurance Fund for its failure
to properly reimburse public entities for workers' compensation benefits for a cost of $500 which
may be reimbursed if the class action suit wins.
(City Council) Youth Board Appointments And Reappointments - Approved (110.20) -
Re -appointed the following students for a one-year term on the Huntington Beach Youth Board for
the 1996/97 term: Trey Andamo, Edison High; Janet Phillips, at -large; Heather Rachels,
Huntington Beach High School; approve appointment to a one-year term of Janis Cavinder, Ocean
View High; Candice Sommerfield, Marina High; and Kota Bindu, Kellie Okonek, Leslie Jellick, and
Jeremy Daggett, at -large members.
(City Council) Subgrantee Agreement Between City And Special Children's Connection Pre -
School For Federal Community Development Block Grant (CDBG) Funds - Approved (600.10)
Approved and authorized execution of the Subgrantee Agreement between the city and the Special
Children's Connection Pre -School for $25,000 in CDBG funds for materials to renovate a portion of
the Clapp School site.
(City Council) City Acceptance Of Quitclaim Deeds From Huntington Beach Company - PLC -
Portion Of Lots 79 And 80 - Tract No. 14662 - Approved (650.80) - Accepted quit claim deeds
from PLC for a portion of Lots 79 and 80, Tract No. 14662, and instructed the City Clerk to file with
the Orange County Recorder. (Parkside Development - provides city option of granting an
easement or any other interest to adjoining Huntington Creek Homeowner's Association.)
(City Council) Resolution No. 96-52 - Adopted - Oil Pipeline Sale (Sunset Heights Gathering
Line) - ARCO Pipe Line Company (APL) To Unocal Oil Company Of California (UNOCAL) And
Bill Of Sale And Assignment (600.45) - Adopted Resolution No. 96-52 - "A Resolution Of The
City Council Of The City Of Huntington Beach Approving Arco Pipe Line Company's Sale Of The
Sunset Heights Gathering Line To Unocal Oil Company Of California." and approved the Bill of
Sale and Assignment, between ARCO Pipe Line (APL) and Unocal Oil Company of California
(UNOCAL) for the transfer of approximately 14,160 feet of 6" pipeline lying within Heil Avenue
between Algonquin and Goldenwest Streets to be effective upon the date of execution by APL and
Unocal and upon delivery of said Bill of Sale to the City Attorney.
378
Page 12 - Council/Agency Minutes - 06/17/96
(City Council) Agreement Approved - Acquisition Of Real Property - Facility Lease Agreement*
And Escrow Instructions For Purchase Of Interest In Building - Delaware Street - City And
The Boys And Girls Clubs Of Huntington Valley (600.10) - 1. Approved the Acquisition
Agreement for a Twenty and Twenty-six Hundredths Percent (20.26%) interest in the Boys and
Girls Clubs of Huntington Valley facility located at 2309 Delaware Street for the amount of
$237,000 in Community Development Block Grant funds, and 2. approved and authorized
execution by the Mayor and City Clerk of the Facility Lease Agreement and Memorandum of Lease
between the city and the Boys And Girls Clubs of Huntington Valley in the amount of $1.00 per
year.
(City Council) Resolution No. 96-51 - Adopted - Annual Renewal And Maintenance Of Fire
Department Permits
The City Council considered a communication from the Fire Department transmitting Resolution
No. 96-51 regarding the annual renewal and maintenance of Fire Department Permits. The
resolution clarifies City Council intent for the annual renewal and maintenance of Fire Department
Permits.
The Fire Chief, in response to a question by Councilman Bauer, stated that the resolution was
necessary to clarify language relative to the permits.
A motion was made by Bauer, second Dettloff, to adopt Resolution No. 96-51, after reading by
title. "A Resolution Of The City Council Of The City Of Huntington Beach Establishing A City Fee
Schedule." (Supplemental Fee Resolution No. 63). "The motion carried by unanimous roll call
vote.
(City Council) Agreement - Supplemental Law Enforcement Support For Fourth Of July
Activities - California Highway Patrol - Approved - Orange County Sheriffs Department -
Approved (600.20).,
The City Council considered a communication from the Police Chief regarding Supplemental Law
Enforcement Support for the Fourth of July Activities.
The Police Chief reported on the proposed use of the support. He reported on the first meeting
held with residents which he stated went well.
The City Administrator responded to Councilman Garofalo's question as to the matter of including
this expense in the budget for next year.
On motion by Garofalo, second Green, Council approved an amendment to the current year
Budget by appropriating $14,470 to the California Highway Patrol and $222,653 to the Orange
County Sheriff's Department to cover the cost of contractual police services on July 4, 1996;
authorized the expenditure of an amount not to exceed $37,123 to cover said expenses and
authorized the Police Chief and the City Clerk to execute an agreement with the California Highway
Patrol following review and approval of said agreement as to form by the City Attorney. The motion
carried by the following roll call vote:
AYES:
Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES:
None
ABSENT:
None
379
06/17/96 - City Council/Redevelopment Agency Minutes - Page 13
•(City Council Bid Award - All American Asphalt - Resurfacing Of Various Local Streets -
MSC-382 - Approved (600.50)
The City Council considered a communication from the Public Works Director regarding a proposed
bid award to All American Asphalt for the resurfacing of various local streets.
A motion was made by Garofalo, second Green, to accept the low bid submitted by the lowest
responsible bidder, All American Asphalt, in the amount of $165,969.86 and award the contract to
said company; direct the City Clerk to return the bid bonds submitted by the other bidders; approve
sample construction contract; and authorize the Public Works Director to expend $187,566 to cover
contract costs of $165,969 for the resurfacing of various local streets; unanticipated Change
Orders not to exceed $16,597; and incidental expenditures no greater than $5,000. The motion
carried by the following roll call vote:
AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES:` None
ABSENT: None
(City Council) Annual Review Of Rainbow Disposal Refuse Rates - Approved
The City Council considered a communication from the Public Works Director and the
Administrative Services Director regarding the Annual Review of Rainbow Disposal Company
Refuse Rates.
Councilman Garofalo questioned whether the Public Works Director could report on why the City of
Fountain Valley is lowering their fees and the City of Huntington Beach is not.
Councilwoman Dettloff stated that she believed the answer was that the city was not charging fees
recommended by Management Services Institute.
Further discussion was held by Council regarding the county action and "pass through". .
The City Administrator reported on the history of the matter stating why there was a shortfall of
revenue vs. expenditures.
A motion was made by Bauer, second Green, to retain the existing residential refuse service fee of
$16.55 per month per unit of service for the time period July 1, 1996 to June 30, 1997 and to adopt
Exhibit A, effective July 1, 1996 as the New Exhibit A of the Refuse Collection Franchise
Agreement.
Further discussion was held.
Councilman Leipzig stated that it was more fair to have service paid by the user than out of the
• General Fund.
Councilman Sullivan stated that he had not seen the justification of the fees set by MSI.
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Page 14 - Council/Agency Minutes - 06/17/96
The motion made by Bauer, second Green, to retain the existing residential refuse service fee of
$16.55 per month per unit of service for the time period July 1, 1996 to June 30 1997 and to adopt
Exhibit A, effective July 1, 1996 as the New Exhibit A of the Refuse Collection Franchise
Agreement carried by the following roll call vote:
AYES: Leipzig, Bauer, Dettloff, Green
NOES: Harman, Garofalo, Sullivan
ABSENT: None
(Redevelopment Agency) Professional Services Agreement Between Redevelopment Agency
And Kayser Marston Associates Incorporated - Redevelopment Agency And Sedway Kotin
Mouchly Group - Economic Professional Services - Approved (600.30)
The Redevelopment Agency considered a communication from the Economic Development
Director transmitting two Agreements for Economic Professional Services between the
Redevelopment Agency and Keyser Marston Associates and the Redevelopment Agency and
Sedway Kotin Mouchly Group.
Agency Member Bauer stated that he would like more information as he believed these
agreements are open ended and he would like information as to how the consultants are being
used. 0
On motion by Bauer second Leipzig, the Redevelopment Agency approved and authorized
execution by the CI•3irman and Clerk of two Professional Services Agreements between the
Redevelopment Ag ncy and the firms of Keyser Marston Associates, Incorporated and between
:he Redevelopmert Agency and Sedway Kotrin Mouchly Group to provide Economic Advisory and
Reuse Analysis Services to the Redevelopment Agency for a two year period at a combined cost
not to exceed $100,000 annually. The motion carried by the following roll call vote:
AYES:
Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES:
None
ABSENT:
None
(City Council/Redevelopment Agency) City Council Legislative Committee Recommendations
On Pending Legislation - Approved Recommendation With Exception Of SCA 36 (640.15)
The City Council considered a communication from the Administration Department presenting
recommendations from the City Council Legislative Committee on pending legislation.
Councilman Garofalo stated that he does not believe this is a good proposed process; that
individual Councilmembers can take a position on whatever they wanted. He stated his opposition
to Senate Constitutional Amendment No. 36.
Mayor Sullivan stated that he believed the City Council Legislative Committee had done an
outstanding job. He stated his opposition to SCA 36 and gave reasons. He requested that
SCA 36 be considered separately.
381
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06/17/96 - City Council/Redevelopment Agency Minutes - Page 15
Councilman Harman spoke regarding the procedure used by the City Council Legislative
Committee and stated that he believed the city response to proposed legislation is critical, not just
response from individual Councilmembers. He stressed that the city needs to be heard.
A motion was made by Green, seconded by Harman, to approve the following position on pending
legislation as recommended by the City Council Legislative Committee, with the exception of
SCA 36 which is to be deleted from consideration: Support AB 2379 - (Margett) - requires state to
each year fully fund all mandates on local agencies by the Legislature or executive branch.
Oppose AB 2640 - (Pringle) - Repeals the "tax on tax" portion of sales tax on gasoline and diesel.
Support AB 2797 - (Aguiar) - Limits the Education Revenue Augmentation Fund (ERAF) amount
that the state can transfer from local agency property taxes into this account. Support AB 1934 -
(Sweeney) - Provides for the state to return local governments' property taxes. Support AB 3125 -
(Hawkins) - allows cities to include in their "fair housing" needs, assisted housing, rehabilitated
housing and city acquired housing for the purposes of conversion from non affordable to
affordable. Support AB 3229 - (Brulte) - Provides for a check off box on state tax return forms
allowing citizens to identify up to 1 % of their tax liability to go to local law enforcement.
Councilwoman Dettloff expressed support of the procedure and stated that she believed even
more active participation needs to be taken by the City Council.
Councilman Leipzig stated that the League of California Cities cannot be expected to do it for the
city.
The Police Chief reported on AB 3229 at the request of Councilman Garofalo.
The motion carried by the following roll call vote:
AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green
NOES: Garofalo
ABSENT: None
(City Council) Resolution No. 96-54 - Adopted - Proposed Settlement And Exchange
Agreement - City And Marow/Toledo - Acquisition Of Encyclopedia Lots for Central Park
(600.10)
The City Council considered a communication from the City Attorney informing Council that as part
of the settlement of the City v. Marow eminent domain case, the city has agreed to trade some
parcels with Mr. Marow, and sell some parcels to Mr. Ryan.
The City Council considered Resolution No. 96-54 which approves the Sale and Exchange of
Certain Real Property.
Councilman Bauer presented a history of the agreement including the use of eminent domain and
the need to widen Ellis Avenue to make it a safer street. He stated that Council had been informed
by Legal Counsel that everything had been done legally. He urged the City Administrator to
develop policies to more clearly define these issues for Council.
382.
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Page 16 - Council/Agency Minutes - 06/17/96
A motion was made by Bauer, second Green, to adopt Resolution No. 96-54. "A Resolution Of
The City Council Of The City Of Huntington Beach Approving The Sale And Exchange Of Certain
Real Property Pursuant To Huntington Beach Municipal Code Section 3.06.010." The motion
carried by unanimous roll call vote.
(City Council) Appointment Of Ad Hoc Committee To Study Funding Sources For Arts
Programs Including The Huntington Beach Art Center -Approved (900.10)
The City Council considered a communication from the Community Services Director
recommending that Council appoint an ad hoc committee to study possible funding sources
(outside the General Fund) for Community Services' arts programs including the Huntington Beach
Arts Center.
The Community Services Director presented a staff report.
A motion was made by Dettloff, second Green, to approve the following recommendations:
1. Direct staff to solicit applications from residents to serve on an ad hoc committee to explore
various options for funding Community Services' arts programs including the Huntington
Beach Art Center, and
2. Appoint Council liaisons Sullivan and Bauer to the ad hoc committee, and
3. Appoint representatives of the Allied Arts Board and the Huntington Beach Art Center
Foundation, and
4. Appoint Finance Director Dan Villella and Cultural Services Director Michael Mudd to be
liaisons to the appointed committee, and
5. Direct that a report on the findings and recommendations be presented to the respective
departments and to the City Council in 90 days from the start-up date of the committee,
The motion carried by the following roll call vote:
AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green
NOES: None
ABSENT: (Garofalo -out of the room)
(City Council) Contract Between City And Nortel Communications Systems, Inc. (NORTEL) -
Contract To Provide Replacement Of The Northern Telecom Meridian 1 Telephone System
And Related Equipment Located At The Central Library - Approved (600.10)
The City Council considered a communication from the Fire Chief requesting Council approval of
Nortel Communication Systems (NORTEL) contract to provide replacement of the Northern
Telecom Meridian 1 telephone system and related equipment located at the Central Library.
38.3
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06/17/96 - City Council/Redevelopment Agency Minutes - Page 17
The Fire Chief reported. He informed Council of a change on Page No. 2 of the Request for
Council Action dated June 17, 1996 and: NORTEL's suggested compromise clause as follows:
The City Attorney's Office contacted Nortel with the recommendations of the Settlement
Committee. Nortel suggested a compromise to the limitation of liability which the Settlement
Committee did not accept. Nortel's suggested compromise clause would read as follows (the
deleted language was originally rejected by the Settlement Committee).
Limitation on Liability - SelieFs entiFe liability undeF this agFeement,
, (Regardless of
the legal or equitable basis of any claim or of actual notice, neither seller nor seller's suppliers shall
be liable for (a) any incidental, indirect, special or consequential loss or damages, or (b) any
damages relating to a claim made against customer by a third party except for indemnified claims
described in Section 11. These limitations shall remain in full force and effect through any renewal
of maintenance service provided for in this agreement.
On motion by Harman, second Leipzig, Council approved and authorized execution by the Mayor
and City Clerk of an Agreement between the city and Nortel Communication Systems,
Incorporated, for Telecommunications System, with Council Settlement Committee
recommendations and as amended by Nortel. The motion carried by the following roll call vote:
AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green
NOES: None
ABSENT: (Garofalo out of the room)
(City Council) Sports Facilities Improvement District - Ballot Measures - Approved (600.10)
The City Council considered a communication from the Community Services Director regarding
proposed Sports Facilities Improvement District Ballot Measures for the November 5, 1996 General
Election.
The Community Development Director presented a staff report.
Discussion was held.
Councilman Garofalo stated that he was disappointed that the Community Services Commission
did not have an opportunity to vote on the issue.
The Community Services Director stated that there had not been an opportunity to have a hearing
and that their comments would be forwarded.
Deputy City Administrator Franz reported on aspects of the proposed assessment district at the
request of Councilman Garofalo.
Page 18 - Council/Agency Minutes - 06/17/96
The City Administrator spoke regarding the importance of community support for this project in
order to give the best we can to the children. He believed it should be very specific and stated that
he would have liked to have a year to prepare; however he believes this proposal does address
some questions and is more specific. He stated that the amounts on the ballot are maximum.
For the record, Mayor Sullivan read from Page No. 5, of the Huntington Central Park Sports Fields
and Facilities - Revised.
On motion by Harman, second by Bauer, Council approved the Council Committee
recommendation that an advisory vote be placed on the November 5, 1996, ballot for a city-wide
assessment district for sports facilities improvement projects, along with two City Charter
Section 612 (Measure C) ballot measures for sports fields on an undeveloped portion of Huntington
Central Park and a gymnasium at Murdy Community Center. The motion carried by unanimous
vote.
(City Council) General Municipal Election Resolutions - Election Of City Officers - Submission
Of City Measures - Continued To July 1, 1996 (620.20)
The City Council considered a communication from the City Clerk transmitting resolutions for the
conduct of the November 5, 1996, General Municipal Election and requesting the Board of
Supervisors of the County of Orange to consolidate the city's election with the State-wide Election.
(Election of three City Councilmembers, a '.^ity Clerk, a City Treasurer and for the submission of
thBe city measures.) .
Considerable discussion was held regarding the proposed ballot language and how the projects
v. , uld be affected if the voters voted differently on the measures.
Councilman Harman stated what he believed would be the effect.
Councilman Garofalo recommended a lottery method for Council to write arguments.
A motion was made by Garofalo, second Harman, to continue consideration of the General
Municipal Election resolutions to the July 1, 1996 Council meeting. The motion carried
unanimously.
:ity Council) Administrative Hearing - Appeal Filed By GTE Telephone Operations - Penalty
--ssessment Late Payment - Utility User Tax - Appeal Granted (340.50)
. he City Council considered a communication from Deputy City Admin;strator Franz transmitting an
appeal filed by GTE to the Hearing Officer's decision denying GTE's request for relief from the
penalty imposed for late payment of the August 15, 1995 utility users tax collections.
This is an Administrative Hearing agenda item. The only testimony to be taken by the Council
during the hearing will be from city staff and the appellant. The Brown Act provides for members of
the public who wish to speak to this item to do so during the public comments portion of the
meeting which is reserved for members of the public to speak to non-public hearing items on the
agenda.
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06/17/96 - City Council/Redevelopment Agency Minutes - Page 19
Deputy City Administrator Franz presented a staff report and distributed a document titled
Administrative Hearing Late Charge - GTE Agenda Item F-5.
The City Attomey's memorandum dated June 12, 1996 regarding the Procedure for Conducting the
GTE Appeal was included in the Council Agenda packet.
Mayor Sullivan declared the administrative hearing open.
Lou Bangs, representing GTE, presented background information on how their late payment
occurred and presented reasons why he believed the appeal should be granted.
Councilman Leipzig stated that it was not at all clear to him that Council had the ability to modify
the late charge.
The City Attorney stated that the existing ordinance does not provide due process and that an
ordinance is being prepared with input from the utility companies and will be returned to Council.
Councilman Leipzig stated that this opinion was worrisome and gave reasons.
The City Attorney reported further on the matter.
A motion was made by Garofalo, second Harman, to reject the recommendations and Findings of
Fact of the Hearing Officer dated April 15, 1996, and waive penalty imposed on GTE for late
payment of the Utility User Tax collection for August, 1995, and to charge GTE for loss to city of
interest for five days, with findings and conditions to be submitted at next meeting. The motion
carried unanimously.
Council Leipzig requested that Huntington Beach Municipal Code Section 3.36.230 be addressed.
Council Garofalo requested that a mechanism be employed such as a bond (optional) to avoid this
situation in the future.
Mayor Sullivan stated that he believed rules for citizens and GTE should be the same.
(City Council) Legislation Authorization Process Options - Deferred to July 1, 1996 (100.10)
The City Council considered a communication from Brian Smith, Management Assistant, regarding
modifying the process for gaining City Council authorization to act on legislative issues to meet
varying time constraints.
A motion was made by Garofalo, second by Green, to defer the agenda item on Legislation
Authorization Process Options to the Council meeting of July 1, 1996. The motion carried by the
following roll call vote:
AYES: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES: Harman
ABSENT: None
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Page 20 - Council/Agency Minutes - 06/17/96
•
(City Council) Ordinance No. 3332 - Adopted - Establishes The Mobile Home Advisory Board
(430.80)
The City Council considered the adoption of Ordinance No. 3332 - "An Ordinance Of The City Of
Huntington Beach Adding Chapter 2.112 To The Huntington Beach Municipal Code Establishing
The Mobile Home Advisory Board."
A motion was made by Garofalo, second Dettloff, to adopt Ordinance No. 3332 following a reading
by title by the City Clerk. The motion carried by the following roll call vote:
AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES; None
ABSENT: None
(City Council) Establishment Of Downtown Development Ad Hoc Task Force For
Development Of Remaining Vacant Downtown Parcels - Approved - Dettloff And Bauer
Appointed (120.25)
The City Council considered a communication from Councilwoman Dettloff requesting Council to
consider a motion to establish a Downtown Development Ad Hoc Task Force to provide policy
direction for the development of the remaining vacant parcels in the downtown area. The Ad Hoc
Task Force is recommended to be comprised of a maximum of two City Councilmembers and city
staff. The downtown area shall be delineated by the Downtown Specific Plan and the Main -Pier
Redevelopment Project area with a focus on the beach front (inland side of Pacific Coast Highway)
development opportunities.
Councilwoman Dettloff reported on the reasons for her recommendation that an Ad Hoc Committee
be formed.
Discussion was held by Council.
Mayor Sullivan stated he would appoint Councilwoman Dettloff and Councilman Bauer to serve on
the Ad Hoc Task Force.
A motion was made by Dettloff, second Green, to establish a Downtown Development Ad Hoc
Task Force comprised of a maximum of two City Councilmembers (Bauer and Dettloff) and city
staff to provide policy direction for the development of the remaining vacant parcels in the
downtown area. The downtown area shall be delineated by the Downtown Specific Plan and the
Main -Pier Redevelopment Project area with a focus on the beach front (inland side of Pacific Coast
Highway) development opportunities and that the Ad Hoc Task Force develop the following goals
and objectives to be forwarded to the City Council for review:
1. Improve the city's retail tax base by maximizing commercial opportunities, and
2. Provide policy direction on the future development of the remaining vacant parcels in. the
downtown area, and
3 Provide up -front and clear direction to property owners, developers and city staff on the
development of the vacant parcels.
387
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06/17/96 - City Council/Redevelopment Agency Minutes - Page 21
The motion carried by the following roll call vote:
AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green
NOES: Garofalo
ABSENT: None
(City Council) Reinstatement Of Bolsa Chica Land Trust - Fourth Of July Parade - Referred To
Fourth Of July Committee - City Administrator To Report On Status On June 24, 1996
The City Council considered a communication from Councilman Bauer dated June 13, 1996,
regarding the consideration of reinstatement of the Bolsa Chica Land Trust into the Huntington
Beach Fourth of July Parade.
Councilman Bauer stated that he believed this matter should be returned to the Fourth of July
Committee and presented reasons.
Councilman Leipzig stated the need to communicate to the Bolsa Chica Land Trust that items are
not to be passed out and receive a commitment from the Bolsa Chica Land Trust to that effect.
A motion was made by Garofalo, second Harman, to direct the Mayor to communicate with the
Fourth of July Board to reconsider its decision not to allow the Bolsa Chica Land Trust to
• participate in the parade and subject to the Bolsa Chica Land Trust commitment to follow rules that
everyone follows, consider allowing the Bolsa Chica Land Trust in the Fourth of July Parade, also
that the City Administrator report to Council on the status of this item on June 24, 1996. The
motion carried unanimously.
(City Council) City Council Goals - Objectives - Reinstatement Of Goal - Approved (120.30)
The City Council considered a communication from Councilman Bauer requesting that the following
Goal be reinstated to the list of City Council Goals and Objectives: "Pursue entrepreneurial
approaches for seeking new businesses and tourism to expand the city's revenue base."
A motion was made by Bauer, second Green, to approve the reinstatement of said Goal.
Councilman Leipzig stated his concerns that the wording was being added to existing wording and
recommended staff return with a clarification as to what is already written. The motion made by
Bauer, second Green, carried by the following roll call vote:
AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES: Leipzig
ABSENT: None
(City Council) Extension Of Annual Audit - Include Additional Items And Appointment Of
Council Audit Committee - Committee Members Not Appointed
The City Council considered a communication from Councilman Bauer recommending that the
company performing the city's annual audit extend its annual activity to include additional items
which are designed to increase cash flow to the city.
388
Page 22 - Council/Agency Minutes - 06/17/96
•
Councilman Bauer stated the reasons why he had presented the recommendation.
A motion was made by Bauer, second Garofalo, to appoint a three -member City Council Audit
Committee to work with the auditor and staff to help set priorities and monitor costs; any proposal
by the committee to be subject to approval by the full City Council.
The City Attorney read provisions of the City Charter and gave instances where the Charter would
prohibit it.
Discussion was held between Councilman Bauer and the City Attorney.
Considerable discussion was held.
The motion made by Bauer, second Garofalo, to appoint a three -member City Council Audit
Committee to work with the auditor and staff to help set priorities and monitor costs; any proposal
by the committee to be subject to approval by the full City Council. The motion carried by the
following roll call vote:
AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES: Leipzig
ABSENT: None
Mayor Sullivan asked Councilmembers to inform him if they desire to be appointed to the Council •
Audit Committee.
City Council/Redevelopment Agency) Request For Economic Planning Committee To Review
Current Policy Regarding Sale And Transfer Of Land And Property - Approved
The City Council considered a communication from Councilman Garofalo informing Council that
due to home owners desiring acquisition of lots in the Fairview section, there is a need to have a
solid negotiating team that would be multi -dimensional in their coordination of all aspects such as
economic impact, planning and zoning issues, environmental impacts as well as open space and
park issues.
A motion was made by Garofalo, second Green, to 1. Request that the Mayor assign the
Economic Planning Committee (EPC) with the task of reviewing current policy on the sale and
transfer of land and property and return to Council with a status report to discuss with
Administration, and 2. request staff's review of the existing ordinance regarding the process of
declaring land surplus and the subsequent legal process in offering it for sale with the additional
review of adjacent home owners with rights of first refusal in such land sales. The motion carried
by the following roll call vote:
AYES: Bauer, Sullivan, Dettloff, Green, Garofalo
NOES: Harman, Leipzig
ABSENT: None
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06/17/96 - City Council/Redevelopment Agency Minutes - Page 23
(City Council) Police - Public Safety Status Of The City
The City Council considered a communication from Councilman Garofalo regarding the public
safety status of the city.
Councilman Garofalo requested a status of the city report due to recent events.
The City Administrator stated that reports can be prepared regarding downtown and the city as a
whole.
The City Administrator was requested to report back to Council.
Adiournment - City Council/Redevelopment Agency
The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of
the City of Huntington Beach at 12:00 a.m. to 1:00 p.m., Friday, May 24, 1996, in the Council
Chamber (for the appointment of a City Treasurer for the City of Huntington Beach), Civic Center,
2000 Main Street, Huntington Beach, California.
ATTEST:
City Clerk/Clerk
City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach, and
Clerk of the Redevelopment Agency of the
City of Huntington Beach California
Mayor/Chairman
390
96-473:
Distribution:
White: Requesting Department
Yellow: Office Control File
Pink: Assigned Staff Member
REQUEST FOR LEGAL SERVICES FOLLOW-UP MEMORANDUM
To: Connie
Subject: Your Request for Legal Services
From: Office of the
City Attorney
Date: 7/11/96
This will acknowledge receipt of your Request for Legal Services,
below listed.
Dated: 7/10/96 Type of Legal Service Requested:
[ ] Ordinance [ ] Insurance
[ ] Resolution [ ] Bonds
[ ] Contract/Agreement [ ] Opinion
[ ] Other:
Description: memo from Connie: Arco Pipe Line Co. Sale of Sunset
Heights Gathering Line to Unocal Oil Co. bill of sale for execution
This Request for Legal Services has been assigned
to JOE BARRON for handling. He/she can be reached
through extension 5555.
The Control Number assigned to this request is: 96-473
Please reference this number when making any inquiries in regard to
this matter. Thank you.
0673L
7/1oi6
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CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTiNCTON BEACH
TO: Gail Hutton, City Attorney
FROM: Connie Brockway, City Clerk
SUBJECT: Arco Pipe Line Co Sale of Sunset Heights Gathering Line to Unocal Oil Co
DATE: July 10, 1996
Pursuant to section 2 of Resolution No. 96-52 the attached on inal material including Bill of Sale
are transmitted to your office for execution by ARCO and UNOCAL.
After execution please return a copy of the Bill of Sale to the City Clerk's Office for the City's
official record.