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HomeMy WebLinkAbout1990-08-10MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California; Friday, August 10, 1990 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Mays called the adjourned regular meetings of the City Council and the Redevelopmen.t Agency of the City of Huntington Beach to order at 9 a.m. ROLL CALL PRESENT: Winchell, Green, Mays, Bannister, Silva, Erskine ABSENT: MacAllister In response to Mayor Mays inquiry on meeting the Brown Act requirements, the City Attorney and City Clerk stated the 72 hours posting requirement for the Council meeting had been completed. Discussion was held in regard to the City Council proposed Charter Amendment. PUBLIC COMMENTS Mary Lou Rgsczyk stated she believed a long-term lease was the same as a sale, and she spoke in opposition to the City Council proposed Charter Amendment. Art Aviles, Chamber of Commerce President, spoke in opposition to the Save Our Parks Charter Amendment. He stated he believed the amendment was too restric- tive limiting construction in parks to 3,000 square feet and $100,000. Dianne Easterling spoke in opposition to the time of the Council meeting being at 9 a.m. due to working citizens not being able to attend. Mark Porter spoke in support to the Save Our Parks Charter Amendment. He stated he did not believe it would prevent using parks for sports. Chris Craig spoke in support to the Save Our Parks Charter Amendment. He stated that he thought the voters would be confused with a counter measure. Kevin Kelte_r spoke on behalf of Tom Duchene and in support of the City Council proposed Charter Amendment. He distributed the proposed amendment to Council. Gerald Chapman spoke in support to the Save Our Parks Charter Amendment. He questioned whether non-profit organizations could lose their tax-free status If they took a political side. Page 2 -- Council/Agency Minutes - 8/10/90 Louis Seiler spoke in support of the City Council proposed Charter Amendment. Ga_r_y_Farnam spoke in support of the City Council proposed Charter Amendment. Shirleyn stated. she believed the city should preserve the beaches and expand the park system. She spoke in support of the City Council proposed Charter Amendment. David Sullivan spoke in support to the Save Our Parks Charter Amendment. He stated he was against the time of the Council meeting. BobBiddle, Huntington Beach Tomorrow President, spoke in support to the Save Our Parks Charter Amendment. He suggested the use of school sites for sports activities. Ann Spig9el spoke in support to the Save Our Parks Charter Amendment. James, Friends of Huntington Beach, spoke in support to the Save Our Parks Charter Amendment. He stated that sports should not be an issue in the amendment. John „Ei 5her spoke in support to the Save Our Parks Charter Amendment and read a statement from Debbie Cook. Eileen Murpby spoke in support to the Save Our Parks Charter Amendment. Tom_ Van Tuvl, Fountain Valley/Huntington Beach Board of Realtors, spoke in support of the City Council proposed Charter Amendment. He spoke in support of development and maintaining park systems without special elections. Harold Ewell spoke in protest to the meeting. Gene Gott spoke in protest to the meeting. Jan Shomaker spoke in support of the City Council proposed Charter Amendment. Don_Peters spoke in support of the City Council proposed Charter Amendment. Ralph Ballr, Pier Design Committee, stated he believed the city's projects should be prioritized and that an analysis of the long-term cost of a sports complex should be done. Geri_ Ortega spoke in support to the Save Our Parks Charter Amendment. She stated she believed the amendment to the amendment was unnecessary since the only requirement was a yes or no vote. Franzi Ortega spoke in support to the Save Our Parks Charter Amendment. Richard -Harlow spoke in support of the City Council proposed Charter Amendment. Pat Davis spoke in support of the City Council proposed Charter Amendment and stated she believed it would preserve parkland without unnecessary I restrictions, r spoke in support of the City Council proposed Charter Amendment. 201 Page 3 — Council/Agency Minutes — 8/10/90 John Cloughe , Director of Huntington Beach/Fountain Valley Board of Realtors, spoke in support of the City Council proposed Charter Amendment. Mike QQW= spoke in support of the City Council proposed Charter Amendment. Doug_Langeviq spoke in support to the Save Our Parks Charter Amendment and stated site believed that leasing land would constitute the same thing as a sale. Loretta Wolfe spoke in support to the Save Our Parks Charter Amendment. h r l ff stated she was not speaking for either issue but that the citizens should be able to vote on the Save Our Parks Charter Amendment with— out a conflicting measure. Councilmember Winchell stated her opposition to the City Council proposed Charter Amendment. The August 6, 1990 regular meeting of the City Council of the City of Huntington Beach was adjourned to Friday, August 10, 1990 at 9:00 A.M. in the Council Chamber to consider and vote upon a Charter Amendment proposed by the legislative body to be submitted directly to the voters at the General Municipal Election to be held on November 6, 1990 with the Statewide General Election to be held on that date. Said Charter Amendment would amend Section 612 of the City Charter to impose a restriction on the disposition and use of park and beach lands of the City. Any sale.or other disposition, excluding leases, of park or beach lands owned by the City, would be subject to the prior affirmative vote of a majors ty of the members of the City Council and of the electors voting thereon at an election mandated by the measure. The charter as proposedly amended reads as follows: First.: Section 612 of the City Charter is.amended to read as follows: SALE OF PUBLIC UTILITIES AND PARKS AND BEACHES (a) No public utility now or hereafter owned or operated by the City or park or beach or portion thereof now or hereafter owned by the City shall be sold, exchanged or otherwise disposed of, nor may a public utility be leased, unless authorized by the affirmative vote of a majority of the total membership of the City Council and by the affirmative vote of a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. Second: The following additional paragraph is added to Section 612 of the City Charter: (b) The term "...or otherwise disposed of..." as used in Section 612(a) shall not apply to any lease, franchise, concession agreement or other contract where such lease, franchise, concession agreement or other contract is to perform an act or provide a service in a public park or beach owned by the City. Page 4 - Council/Agency Minutes - 8/10/90 Third: The following additional paragraph is added to Section 612 of the City Charter: (c) If any section, subsection, part, subpart, para- graph, clause or phrase of this amendment,, or any amendment or revi- sion of this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect. The City Clerk presented Resoldim No. 6201 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY. NOVEMBER 6, 1990, FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO A CHARTER AMENDMENT PROPOSED BY THE LEGISLATIVE BODY TO RESTRICT THE SALE OF CITY OWNED PARK AND BEACH LANDS." The City Clerk presented Resolution No. 6202 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1990, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO A CHARTER AMENDMENT PROPOSED BY THE LEGISLATIVE BODY TO RESTRICT THE SALE OF. CITY OWNED PARK AND BEACH LANDS." The City Clerk presented Resolulion No, 6203 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS RELATIVE TO THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO A CHARTER AMENDMENT PROPOSED BY THE LEGISLATIVE BODY TO RESTRICT THE SALE OF CITY OWNED PARK AND BEACH LANDS.a A motion was made by Bannister, seconded by Silva, to adopt Resolution No. 6201 as amended. The motion carried by the following roll call vote: AYES: Mays, Bannister, Silva, Erskine NOES: Winchell, Green ABSENT: MacAllister Considerable discussion was heldbetween the City Council, City Attorney and stff regarding various aspects of the City Council proposed charter Amend- ment,.- The City Cleric was provided a copy of the proposed amendment and was regiuested'by the City Council to read the following proposed amendment into the record: "The charter as proposedly amended reads as follows: First: Section 61'2 of the City Charter is amended.to read as follows: SALEbF.PUBLIC UTILITIES AND PARKS AND BEACHES (a) No .public utility now or hereafter owned or operated by the City shW be sold, leased or otherwise disposed, of unless author- ized by the affirmative votes of at least a majority of the total membership of the City Council and 'by the affirmative vote of at least a majority of the electors voting on such proposition at a 20 3 general or special election at which such proposition is submitted. 1 Page 5 - Council/Agency Minutes - 8/10/90 1 Second: The following additional paragraph is added to Section 612 of the City Charter: (b) No park or beach or portion thereof now or here- after owned by the City shall be sold, except to another govern- mental agency for continued use as a park or beach, unless author- ized by the affirmative votes of a majority of the total membership of the City Council and by the affirmative vote of a majority of the lectors voting on such proposition at a general or special election at which such proposition is submitted. Third: The following additional paragraph is added to Section 612 of the City Charter: (c) If any section, subsection, part, subpart, para- graph, clause or phrase of this amendment, or any amendment or revi- sion of this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections, subsections, parts, sub- parts, paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect." A motion was made by Bannister, seconded by Silva to adopt Resolution No. 6202 as amended. The motion carried by the following roll call vote: AYES: Mays, Bannister, Silva, Erskine NOES: Winchell, Green ABSENT: MacAllister A motion was made by Bannister, seconded by Silva, to adopt Resolution No. 6203 as amended. The motion carried by the following roll call vote: AYES: Mays, Bannister, Silva, Erskine NOES: Winchell, Green ABSENT: MacAllister The City Clerk explained the provisions of the Election Code relative to submission of arguments. �:Ti1rI�;11;7. t R�. l Mayor Mays adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to.5:30 p.m., August 20, 1990, Room B-8, Civic Center. ATTEST: City Clerk/Clerk Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City.. of Huntington Beach, California Mayor 204