The URL can be used to link to this page

Home My WebLink About1980-09-22MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, September 22, 1980 A tape recording of this meeting is on file in the City Clerk's Office Mayor Bailey called the adjourned regular meeting to order at 6:30 P.M. ROLL CALL Present: Pattinson, Finley, Bailey, MacAllister, Mand1c, Kelly Absent: Thomas EXECUTIVE SESSION CALLED Mayor Bailey called an executive session of the Council litigation matters. RECESS - RECONVENE to discuss personnel and The Mayor recessed the meeting at 6:31 P.M. for executive session. The meeting was reconvened at 7:58 P.M. GOAL OF MEETING Mayor Bailey stated that the goal of the meeting, as she perceived'it, was for Council and the City Attorney to gain a clear understanding regarding the role of the City Attorney and develop trust between Council and the City Attorney so that all could work together for the benefit of the City. City Attorney Gail Hutton stated that the goal of the meeting, as she perceived it, was to explore the role of the City Attorney and structure in the City's government. She cited Section 309'and 304 (b) of the City Charter. She stated that she hoped that the meeting would' produce a better understanding of their respective roles. Each Councilmember stated the goal of the meeting as he or she perceived it. MEETING GUIDELINES Mayor Bailey introduced Mr. Bill Hamilton, a consultant to public agencies. The Mayor informed Council that Mr. Hamilton had agreed to serve as the facilitator for the meeting. Mr. Hamilton introduced the ground rules for a constructive meeting. He stated that the first step would be to define the problem; second step to consider the legal constraints; third, to consider individual concerns; and fourth, to consider alternate solutions. 210 Page #2 - Council Minutes - 9/22/80 ROLE OF CITY ATTORNEY The City Attorney discussed the role of the City Attorney and how it related to the City Council, City Administrator, City Departments and the public. Each Councilmember discussed the role of the City Attorney and how it related to other departments, City Administrator and the Council and stated their concerns regarding these matters. Mr. Hamilton summed up consensus -of opinion regarding the three roles of the City Attorney as follows: (1) acting as advocate on behalf of the City; (2) Counselor for Council and staff; and, (3) manager of a department. He summarized Council's discussion of the management role of the City Attorney stating that the consensus of opinions was that Council would like to see more interaction with other department heads. In summarizing discussion regarding the City Attorney's role as a legal advisor it was the consensus of Council that they would like to be informed when they were approaching a risk area in their actions. Discussion was held regarding the method in which this could be achieved. The alter ego concept was discussed; the City Attorney stated that a legal opinion from her office was a consensus opinion and only one opinion should be expressed. The management role of the City Attorney was again discussed and a delineation made between the City Attorney's role as a legal advisor and as a department head. Councilman Mandic left the meeting at this time. Ultimate authority was discussed and it was pointed out that the employees in the legal department were part of the personnel system and were ultimately responsible to the City Administrator. It was suggested that if the City Attorney was not comfortable in the management role she could delegate that responsibility to some- one else in her department. If not, she must work out the distinction between the two roles and alternate "the wearing of two hats." Mayor Bailey, Councilmembers and the City Attorney thanked Mr. Hamilton for facilita- ting a productive meeting. RENEWAL OF REAL PROPERTY AGENT AGREEMENT - APPROVED The City Clerk presented a transmittal from the Director of Public Works of an agreement between the City and Charles Davis, Real Property Agent, for a one year period expiring September 30, 1981. On motion by MacAllister, second Finley, Council approved an agreement between the City and Charles Davis, Real Property Agent by the following roil call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Kelly NOES: None ABSENT: Thomas, Mandic HCD LETTER - APPROVED Discussion was held regarding a letter drafted by the Acting City Administrator to the Housing and Community Development regarding the revitalization of the downtown area. 1 211 Page #3 - Council Minutes - 9/22/80 On motion by MacAllister, second Kelly, Council approved the letter, as written by Mr. Arguello, to the Housing and Community Development by the following roll call vote: AYES: Finley, Bailey, MacAllister, Kelly NOES: Pattinson ABSENT: Thomas, Mandic APPOINTMENT - TECHNICAL ADVISORY COMMITTEE - SOLID WASTE BOARD - COOK On motion by Pattinson, second MacAllister, Council appointed Public Works Director Paul Cook to the Technical Advisory Committee of the Orange County Solid Waste Board, by unanimous vote. ACTING CITY ADMINISTRATOR COMPENSATION - APPROVED Following discussion, a motion was made by Kelly, seconded by Pattinson, to approve compensation for the position of Acting City Administrator at step 462-D plus five percent PERS contribution. The motion carried by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Kelly NOES: None ABSENT: Thomas, Mandic ADMINISTRATOR'S TERMINATION AGREEMENT - APPROVED On motion by Pattinson, second MacAllister, Council accepted, as amended, the termi- nation agreement between the City and Floyd Belsito, by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Kelly NOES: None ABSENT: Thomas, Mandic CITY ADMINISTRATOR - SELECTION PROCEDURE Discussion was held regarding methods of selecting a City Administrator. On motion by Pattinson, second MacAllister, Council authorized the Acting City Administrator to advertise for a personnel consultant agency and appointed a com- mittee consisting of Pattinson, Bailey and MacAllister to recommend three consultants to Council for interviews, within thirty days. The motion carried unanimously. ADJOURNWNT The Mayor adjourned the adjourned regular meeting of the City Council of the City of Huntington Beach to 6:30 P.M., Monday, September 29th in the Council Chamber. ATTEST: (� �Z�. I � �/' ax ov- 7 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California City Clerk ayor