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HomeMy WebLinkAbout1995-06-19MINUTES CITY COUNCIUREDEVELOPMENT AGENCY 5:00 P.M. - Room B-8 6:30 P.M. - Council Chamber Huntington Beach, California Monday, June 19, 1995 CALL TO ORDER Mayor Leipzig 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 COUNCIUREDEVELOPMENT AGENCY ROLL CALL: PRESENT: Harman, Bauer, Leipzig, Dettloff, Green, Garofalo, (Sullivan arrived 5:01 p.m.) ABSENT: None RECESS The Mayor called a recess to consider the following closed sessions: Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director and Daniel Cassidy, Esq., Liebert, Cassidy and Frierson regarding labor relations matters - meet and confer regarding the following employee organizations: Marine Safety Officers Association, Police Officers Association, Police Management Association, Municipal Employees Association, Management Employees Organization, Huntington Beach Fire Association, and Surf City Lifeguards Employee Association. (120.80) Closer! Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Lloyd Edwards and Howard Subnick v. Citizens Bureau of Investigation - Orange County Superior Court Case No. 73 56 99. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(c) to confer with its City 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. Potential class action lawsuit against various defendants in the Orange County Bankruptcy. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is regarding. Orange County - US Bankruptcy Court Case No. SA 94-22272 JR Administratively Consolidated with Case No. SA-94-22273 JR. (120.80) 304 Page 2 - City Council/Redevelopment Agency Minutes - 06/19/95 Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Raymond Orlando v. City of Huntington Beach - Orange County Superior Court Case No. 74 14 77. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City of Huntington Beach v. McDonnell Douglas Corp. - U.S. District Court Case No. SACV 94 29 LHM (RWRx). (120.80) Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the Agency is a party. The title of the litigation is Redevelopment Agency v. Koller/ Guarano, et al. (400.50) RECONVENE The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 6:45 p.m. in the Council Chambers. CITY COUNCILIREDEVELOPMENT AGENCY MEETING CALLED TO ORDER A videotape recording of this meeting is on file in the Office of the City Clerk PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by students from Circle View Elementary School - Teacher Alice French and Principal - Dan Moss. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL: PRESENT: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo ABSENT: None Student Presentation Regarding DARE Program Taught By Police Sergeant Mike Kell The students from Circle View Elementary School performed a song written in appreciation of Police Sergeant Mike Kelly, DARE officer, who teaches their DARE program. Sergeant Kelly, who also serves as Sergeant -At -Arms during the Council meeting was present to appreciate the performance. 305 Page 3 - City Council/Redevelopment Agency Minutes - 06/19/95 Presentation by Fourth of July Board Regarding July Fourth Parade Events A presentation was made to Mayor Leipzig and Councilmembers by Bob Traver, President of Fourth of July Board, regarding the 1995 Fourth of July Parade. (City Council) Request For Approval To Hire Consultant To Assist In Lobbying Coastal Commission - Land Use Plan For Bolsa Chica - Continued From May 15 1995 (320.45) The City Clerk presented the agenda communication from the Community Development Director requesting authorization to hire a consultant to assist the city in lobbying the California Coastal Commission to address the City's concerns regarding to the Land Use Plan for the Balsa Chica area. The Assistant City Administrator spoke regarding staff's recommendation to continue action on the hiring of a consultant to assist the city in the Coastal Commission hearings on the Balsa Chica Local Coastal Program to the Council meeting of July 17, 1995. Councilman Sullivan stated that only one response had been received from the Request For Proposals. He stated that a firm had been recommended to him that had not been contacted and he asked staff what was the mechanism for going out for proposals again. The Community Development Director responded that Requests For Proposals could go out again. A motion was made by Green, second Dettloff, that Council continue action on the hiring of a consultant to assist the city in the Coastal Commission Hearings on the Balsa Chica Local Coastal Program to the Council meeting of July 17, 1995, and direct that Requests For Proposals be sent out again; that copies of the Requests For Proposals be provided to Council so they could see the scope of the work and an estimate of the cost of the contract. The motion carried unanimously. Late Communications Announced By The City Clerk Pursuant To The Brown Act The City Clerk announced the receipt and distribution to the City Council of the following late communications. She stated that copies of said communications were available to the public now and at her office Tuesday morning. Agenda Page 1 - Closed Sessions - Addition of two closed sessions - Orlando vs. City and Koller vs. Guarano Public Comments - A communication dated June 19, 1995 from Bill Mello regarding Measure R Public Hearing Item - Ellis-Goldenwest Quarter Section - A communication dated June S, 1995 from Michael Leifer, Law Offices of Palmieri, Tyler, Wyner, Wihelm and Waldron A communication dated June 6, 1995 from Jim Engle, Deputy Director, Community Services, regarding EIIis/Goldenwest Quarter Section Cost Estimate 306 Page 4 - City CouncillRedevelopment Agency Minutes - 06/19/95 A communication dated June 19, 1995 from City Attorney Gail entitled Ellis-Goldenwest Specific Plan Amendment Agenda Item D-2 - City Council meeting of June 19, 1995 Art Center Funding and Operation Item - A communication dated June 19, 1995 from former Mayor John Erskine regarding the Art Center Funding and Operation Pacific Coast Highway Re -striping Item - County Cooperative Agreement Item - A communication dated June 19, 1995 from Mayor Leipzig regarding the Orange County Transportation Authority meeting on the re -striping of Pacific Coast Highway Measure C vote on New Maxwell's Restaurant Project - A communication received from Debbie Cook dated June 19, 1995 regarding Measure C - vote on New Maxwell's Restaurant Project PUBLIC COMMENTS Ruth May Siegrist, Friends of the Library Member, addressed Council regarding the forthcoming Library Storytelling Festival of Folktales to be held Tuesday, June 20, 1995 and urged the community's attendance. George Arnold addressed Council regarding newspaper articles referring to Blue Flu and Huntington Beach Police Officers. He urged that Measure R - Sales Tax be defeated. Communication From Bill Mello Regardinc i Recluest To Address City Council Requesting City Council Advice On Measure R (160.30) Bill Mello, addressed Council and requested that Council support or oppose Measure R - Proposed Sales Tax Increase. Mr. Mello referred to his communication which had been distributed to Council and announced by the City Clerk earlier in the meeting. The following persons addressed Council in conjunction with Mr. Mello to state their opposition to Measure R - Sales Tax Increase: Dave Taylor, Jim Bridges, Marie St. Germain, Glen Kimmel, Grace Mello, John Jankowski, Leon McKinney, and Alan Remington. Each speaker's comments were contained in Mr. Mello's communication. Victor Broski addressed Council regarding Fourth of July rowdiness and suggested the problem be approached from a non -adult point of view. Mr. Broski explained this concept to the Council. John F. Scott presented a communication to Council and the City Clerk titled General Plan and addressed Council regarding the two years he represented his neighborhood on the Technical Advisory Group established by the County Board of Supervisors to find alternatives to any new bridges across the Santa Ana River in this area. 307 Page 5 - City Council/Redevelopment Agency Minutes - 06/19/95 The following persons spoke in support of the Agenda Item regarding Review of Art Center Funding and Operation: Phil Mosbo, Chloe Pollock Molnar, Elaine Hankin, Eve Thompson, Ja Karen Akamine, (Allied Arts Board) Linda Moon, George Crass, Don nkoviak, Gerald Chapman. Reasons for support stated by speakers included what they believed to be the city's prior commitment to the art center that should be fulfilled, the funding provided to the center through fund raising, a partnership with the city of which to be proud, a request that at least the present level of support be continued by the city. Mark Porter addressed Council and complimented the staff on the agenda item recommending the signalization of the intersection off Ward Street and Garfield Avenue. He inquired as to whether it was planned for the Southern California Edison and the nursery operation to reimburse the city for any street improvements on the southeast comer of Ward and Garfield. Mark Dixon, representative of the American Massage Therapy Association, addressed Council protesting the delay in the massage ordinance change stating the ordinance needed to be strengthened. (City Council) Request For Department Of Public Works Report Re ardin Reimbursement To City - Street Improvements - Garfield Avenue and Ward Street (120.90) Councilman Sullivan requested that the Public Works Director report on the questions raised by Mr. Porter during public comments on the street improvement reimbursement issue relative to the planned Ward and Garfield intersection signalization. (City Council Discussion Reclarding Delay of Massage Ordinance Revisions (640.10) Discussion was held between the City Council and City Attorney and Police Chief regarding the reasons for the delay in the revision to the city's massage ordinance. (City -Council Report Regarding Oil Spill Litigation Settlement Mayor Leipzig presented a report on the progress of the oil spill settlement litigation stating that the outlook appeared positive for the city. (City Council) Orange County Sanitation District Press Release Regarding Award In Defective Pipe Case (120.90) Mayor Leipzig shared a press release from the Orange County Sanitation District regarding defective pipe provided by a company that knew it was defective. The Mayor stated that a jury had awarded 6.6 million dollars to the County Sanitation District. Page 6 - City Council/Redevelopment Agency Minutes - 06/19/95 (City Council) Farmer's Market Held Every Friday - Downtown (120.90) The Assistant City Administrator announced that every Friday, from 2 p.m. to 7 p.m. the Farmer's Market is held downtown. He urged attendance at this event which encourages families to visit the downtown area. Cit Council Review Of Art Center Funding And Operation - Approved Recommended Action As Amended (265.10) The City Clerk presented a communication from the Community Services Director regarding the City Council's request for a review of the history, financial situation, programs, activities and current model of operation for the Huntington Beach Art Center. The Community Services Director presented a slide report. Councilman Green presented his concerns regarding the need to follow past Council direction regarding reporting on the art center operation. Discussion was held between Council and staff regarding the operations of the art center, funding of employees and the April, 1994 request by Council for a report. At Councilman Green's request, Bob Franz, Deputy City Administrator, reported on the fact that it is more difficult to terminate a permanent employee than a part-time employee. Councilman Green questioned why the employees were employees of the city rather than the foundation as they are to be paid by the foundation. The Community Services Director responded to a question by Councilman Green regarding Gerald Chapman's request at the April, 1994 meeting for a Memorandum of Understanding between the city and the Art Foundation, stating that Council had not directed the preparation of an MOU, however, he believed it would be an excellent long-term goal. Councilman Green spoke regarding a comparison of such public -private relationships with Project Self -Sufficiency, the Surf Museum and Rainbow Disposal stating that this should be clarified in the Memorandum of Understanding. Mayor Leipzig commented on Gerald Chapman's strong concerns regarding the city's commitment to the art center which he expressed under Public Comments relative to the Request for Council Action document and recommended Council action. The Community Services Director reported on what he believed to be Mr. Chapman's concerns, presenting an analysis of the issue. Councilman Garofalo, referring to the Request for Council Action Document spoke regarding the financial history of city expenditures since 1993. He stated the need for a business plan, consideration of contract employees and stated that the funding plan the city develops should be tied to a five year marketing plan to be renewed annually and to put the relationship between the art center and city in writing. He also suggested the formation of a broad -based Task Force. Councilman Bauer spoke regarding the success of the Art Center fund raising and the verbal agreement regarding the funding of the art center which he believes Council made. 309 Page 7 - City Council/Redevelopment Agency Minutes - 06/19/95 Councilman Harman stated that he believes there should be a written understanding with the Foundation. He presented expenditure figures for other city programs such as Murdy Center, Cultural Affairs, Senior Outreach, city gym and pool etc.; stating that the art center is trying to get started and should not be singled out. He stated he would be in favor of some substantial support particularly in these first years. Councilwoman Dettloff asked if the Foundation members are in support of the recommended action and the Community Services Director stated that he believed the majority of the Foundation was supportive of the action before Council this evening recommending that the Foundation support operational costs. Councilwoman Dettloff commented on the recent controversy regarding the art center as it relates to 1930's and 1940's history in Germany when the first people to be attacked were the artists in Germany and that whether she personally has liked what happens at the art center is not the important issue; that many exhibits will come in and out of the center and one does not reflect what the center is going to be. Mayor Leipzig stated that he disagreed with the portion of the recommended action regarding the private -public partnership model because the model as it exists now is not the model that he believes would be the healthiest pubAc-private partnership model for the art center. Mayor Leipzig presented his recommendations regarding developing an improved relationship between the city and the art foundation. A motion was made by Bauer, second Harman, to continue the city's commitment to the public/private partnership model for funding and operation of the Huntington Beach Art Center and direct staff to return after one year of operation with a report on the Art Center including a business plan, a Memorandum of Understanding with the Art Center Patrons and an interim report dealing with the issue of probationary employees prior to adoption of the 1995-1996 budget. Motion carried unanimously. A motion was made by Garofalo, second Green, to direct the Mayor to appoint an ad hoc art committee comprised of Art Foundation Board members, members of the public and Councilmembers to develop the model and perhaps even to work with the Community Services Department to develop a business plan. Following considerable discussion the motion was withdrawn by Councilman Garofalo. Consent Calendar Item Regarding A royal Of Art Center Funding And Authorization For Director Of Community Services To Approve All Huntington Beach Art Center Fundin - Removed From The Agenda (265.10) The Council, at the request of the Ron Hagan, Community Services Director, removed the above mentioned Consent Calendar Item from the agenda in order to review the item with the City Attorney's Office. Because of the action taken tonight by the City Council, Mr. Hagan stated the agreements should be considered in connection with the art center Business Plan to be developed. 310 Page 8 - City Council/Redevelopment Agency Minutes - 06/19/95 Recess -Reconvene The Mayor called a brief recess of the City Council. The meeting was reconvened by the Mayor. (City Council) Public Hearing - Continued To August 21, 1995 - Massage Establishment and Massage Technician Fee Increase (340.20) Mayor Leipzig announced that this was the time set for the continuance from May 15, 1995 of a public hearing to consider revisions to the Massage Establishment and Massage Technician Fee Schedule. The City is proposing a revision as follows: 1. Massage Technician Application (HBMC 5.24.090) $125 2. Massage Technician, Change of Location $50 3. Permit for Massage Establishment Operation $500 4. Annual Renewal (Technician) $75 5. Annual Renewal (Establishment) $250 On motion by Garofalo, second Sullivan, Council continued the public hearing on the proposed revisions to the Massage Establishment and Massage Technician Fee Increases to the City Council meeting of August 21, 1995. Motion carried unanimously. (City Council) Public Hearing - Code Amendment No. 93-1 - Introduction of Ordinance No. 3287 - Negative Declaration No. 92-39 - Approved - Amends the Ellis- Goldenwest_Specifc Plan - Edwards/Goldenwest/Ellis/Garfield - Park Site tA" (450,30) Mayor Leipzig announced that this was the meeting set for a public hearing to consider the following: Applicant: City of Huntington Beach, Community Services Department Location: The property is centrally located in the Ellis-Goldenwest Quartersection, generally at the terminus of Saddleback and Quartet horse Lanes. The Quartersection is bounded by Edwards Street, Goldenwest Street, Ellis Avenue, and Garfield Avenue. Request: To amend the Ellis-Goldenwest Specific Plan for the purpose of designating a neighborhood park. The code amendment will amend Section 111, Community Theme, of the Ellis-Goldenwest Specific Plan to include a new category for neighborhood parks and reference the Open Space exhibit depicting the location of the neighborhood park. The proposed code amendment is to designate a site for the exclusive use as a neighborhood park. No park development is proposed at this time. Environmental Status: Negative Declaration No. 92-39 which will be considered for approval by the City Council. 311 Page 7 - City Council/Redevelopment Agency Minutes - 06/19/95 Councilman Harman stated that he believes there should be a written understanding with the Foundation. He presented expenditure figures for other city programs such as Murdy Center, Cultural Affairs, Senior Outreach, city gym and pool etc.; stating that the art center is trying to get started and should not be singled out. He stated he would be in favor of some substantial support particularly in these first years. Councilwoman Dettloff asked if the Foundation members are in support of the recommended action and the Community Services Director stated that he believed the majority of the Foundation was supportive of the action before Council this evening recommending that the Foundation support operational costs. Councilwoman Dettloff commented on the recent controversy regarding the art center as it relates to 1930's and 1940's history in Germany when the first people to be attacked were the artists in Germany and that whether she personally has liked what happens at the art center is not the important issue; that many exhibits will come in and out of the center and one does not reflect what the center is going to be. Mayor Leipzig stated that he disagreed with the portion of the recommended action regarding the private -public partnership model because the model as it exists now is not the model that he believes would be the healthiest public -private partnership model for the art center. Mayor Leipzig presented his recommendations regarding developing an improved relationship between the city and the art foundation. A motion was made by Bauer, second Harman, to continue the city's commitment to the public/private partnership model for funding and operation of the Huntington Beach Art Center and direct staff to return after one year of operation with a report on the Art Center including a business plan, a Memorandum of Understanding with the Art Center Patrons and an interim report dealing with the issue of probationary employees prior to adoption of the 1995-1996 budget. Motion carried unanimously. A motion was made by Garofalo, second Green, to direct the Mayor to appoint an ad hoc art committee comprised of Art Foundation Board members, members of the public and Councilmembers to develop the model and perhaps even to work with the Community Services Department to develop a business plan. Following considerable discussion the motion was withdrawn by Councilman Garofalo. _Consent Calendar Item Regarding Approval Of Art Center Funding And Authorization For Director Of Community Services To Approve All Huntington Beach Art Center Funding - Removed From The Agenda (265,10) The Council, at the request of the Ron Hagan, Community Services Director, removed the above mentioned Consent Calendar Item from the agenda in order to review the item with the City Attorney's Office. Because of the action taken tonight by the City Council, Mr. Hagan stated the agreements should be considered in connection with the art center Business Plan to be developed. Page 8 - City Council/Redevelopment Agency Minutes - 06/19/95 Recess -Reconvene The Mayor called a brief recess of the City Council. The meeting was reconvened by the Mayor. (City Council) Public Hearing - Continued To August 21, 1995 - Massage Establishment and Massage Technician Fee Increase (340.20) Mayor Leipzig announced that this was the time set for the continuance from May 15, 1995 of a public hearing to consider revisions to the Massage Establishment and Massage Technician Fee Schedule. The City is proposing a revision as follows: 1. Massage Technician Application (HBMC 5.24.090) $125 2. Massage Technician, Change of Location $50 3. Permit for Massage Establishment Operation $500 4. Annual Renewal (Technician) $75 5. Annual Renewal (Establishment) $250 On motion by Garofalo, second Sullivan, Council continued the public hearing on the proposed revisions to the Massage Establishment and Massage Technician Fee Increases to the City Council meeting of August 21, 1995. Motion tamed unanimously. (City Councils Public Hearing -_Code Amendment No. 93-1 - Introduction, of Ordinance No. 3287 - Negative Declaration No. 92-39 - Approved - Amends the Ellis- Goldenwest Specific Plan - EdwardslGoldenwestlEllis/Garfield - Park Site "A" (450.30) Mayor Leipzig announced that this was the meeting set for a public hearing to consider the following: Applicant: City of Huntington Beach, Community Services Department Location: The property is centrally located in the Ellis-Goldenwest Quartersection, generally at the terminus of Saddleback and Quarterhorse Lanes. The Quartersection is bounded by Edwards Street, Goldenwest Street, Ellis Avenue, and Garfield Avenue. Request: To amend the Ellis-Goldenwest Specific Plan for the purpose of designating a neighborhood park. The code amendment will amend Section III, Community Theme, of the Ellis-Goldenwest Specific Plan to include a new category for neighborhood parks and reference the Open Space exhibit depicting the location of the neighborhood park. The proposed code amendment is to designate a site for the exclusive use as a neighborhood park. No park development is proposed at this time. Environmental Status: Negative Declaration No. 92-39 which will be considered for approval by the City Council. 311 Page 9 - City Council/Redevelopment Agency Minutes - 06119/95 Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. The City Clerk announced that her office had received communications which had also been announced earlier in the meeting prior to the Public Comments portion of the Agenda as follows: A communication dated June 8, 1995 from Michael Leifer, Law Offices of Palmieri, Tyler, Wyner, Wihelm and Waldron A communication dated June 6, 1995 from Jim Engle, Deputy Director, Community Services, regarding Ellis/Goldenwest Quarter Section Cost Estimate A communication dated June 19, 1995 from City Attorney Gail Hutton titled: Ellis-Goldenwest Specific Plan Amendment Agenda Item D-2 - City Council meeting of June 19, 1995. The Community Development Director informed Council that Herb Fauland, Associate Planner, would present the staff report Herb Fauland, Associate Planner, referred Council to exhibits that identify the location of four potential sites, a matrix regarding the Community Services Commission's report and a property ownership map identifying the ownership of the lots within Site A. Mr. Fauland presented a staff report outlining what he stated was a very lengthy process. He referred to analysis in the Council packet prepared by staff; a Community Services Analysis also identified on the wall and an in-house fiscal analysis. Mr. Fauland presented an analysis of the four sites. He also reported on issues of concern regarding Site A, which is the central location and is provided with access from a local street, including the concern for safety because the street bisects Site A. He stated that it is felt those concerns can be mitigated through site design. He stated the concerns regarding the existing oil wells on Site A and that the wells have been designed within that park plan. He reported on the ownership pattern of the site. Mr. Fauland stated reasons why staff was not recommending Site B or Site C. He reported on Site D adjacent to a future school site and the reasons why it was not included in the 1991 report. He informed Council that it was felt Site D does have the possibilities of becoming a future neighborhood park based upon its location and also its overall terrain and one of the policies located within the Recreation Element does identify that a neighborhood park should be located adjacent to a future school however based upon the recommendations received including the recommendation from the City Council in 1991, Site A was recommended. Mr. Fauland informed Council of the reasons staff was recommending Site A. Mr. Fauland announced that letters of opposition had been received and included as attachments in the staff report as follows: Letters of opposition from Ron and Ann Brindle, John Thomas, Michael Leifer, Attorney for Brindle -Thomas. Letters of support from Barbara and Akis Bountour, Jim Hill, and Sandra and Michael Davis. Mr. Fauland stated that the Community Services Director and the Deputy Director of the Beaches, Recreation and Development Division of the Community Services Department were present to answer any questions.. Mayor Leipzig declared the public hearing open. 312 Page 10 - City Council/Redevelopment Agency Minutes - 06/19/95 Jean Kimbrell, Co -President, Equestrian Traits, Inc., Corral 100, informed Council of the response to a survey they conducted from among the boarders of the Huntington Central Park Equestrian Center about the use of the horse trails in the quarter section. She stated they believed Park Site A is a perfect location for linking the existing and future trails. Ms. Kimbrell read a letter written by Norma Ankerstar, who was no longer present at the meeting, who favors Park Site A and had listed reasons for support in her letter. Woody Young addressed Council in opposition to Site A stating reasons that the school site (Site D) should be first considered. He stated that the majority of the landowners do not want a rezoning of this property; that the city cannot afford to finance this piece of property; not appropriate funding for what is needed; a bad environmental situation with two oil wells; the street going through the park dividing it so that it is not a full four acres continuously. He informed Council that he does have a beneficial interest in this matter as an owner and that he does not like the harassment of the continuation of this particular site to come up as the majority of owners do not want it rezoned. Chuck Beaureoard spoke regarding the city's need for a Master Plan/General Plan to ensure the availability of recreational sports facilities for the use of the city and stated that the city has no planning ordinances to require developers to address the needs of the youth and youth sports. He spoke regarding payment by developers of the Quimby Park Fee which maximizes the charges to the small homeowner and he commented on the linear park land cffered by Seacliff Partners in lieu of park land in this particular quarter section. He displayed a comparison chart of Site A and Site D, on a viewgraph stating that he did not find either site desirable. He informed Council of the conclusions he had reached on the subject including that the Council needs to look at the city as a whole including the kids; the city is wasting its resources, land and money; the need to stop wasting money on tot lots and passive parks; that the residents should have an assessment district charged to them for Site A. Dan Agaianian asked Council to approve Site A. He stated that Site A is in a site where children do not have to cross a major street or artery and now they have to cross over Ellis Avenue to Central Park which he stated presented a danger to the children. Geri Hill, Country View Estates representative, disputed the funding estimate stating that she did not believe the costs for a small park were that high. She requested that Council put an end to the delay and approve Site A. Mark Porter, President, Huntington Beach Tomorrow, stated that a park should be centrally located and that Huntington Beach Tomorrow supported Site A. He reviewed the history of city park site planning and also spoke regarding the school district's responsibility. Mike Davis stated that there will be probably 300-400 children in that area when built out and presented reasons in support of Site A stating that he understands Mr. Brindle and Mr. Thomas made investments after the site was approved. Erica Mackey, student, addressed Council and stated that Site A would be a safe place to play for children and is centrally located with easy access where horse trails would connect. 313 Page 11 - City Council/Redevelopment Agency Minutes - 06/19/95 Richard Harlow stated he was representing Brindle -Thomas to speak in opposition to a code amendment being adopted on this particular property. He stated that he hoped Council had an opportunity to read letters of opposition to or shedding light on this matter, including a letter from Rutan and Tucker. Mr. Harlow stated he was not present to speak against a park in this particular quarter section but was present to speak against the procedure Council was going forward with this evening. He spoke regarding the ownership of the area; the time lines of the ownership and the 1991 Council action at which time he stated the property owners had not received due process in notification. Mr. Harlow stated that this action will take away the residential use for the property. Mr. Harlow stated that the proper Council action in 1991 would have been to adopt a resolution of necessity to acquire the property. He stated that there are facts in the staff report and the Planning Commission minutes that point out there are other sites as suitable as Site A that are not encumbered by a street that bisects the property and do not have two active oil wells they believe would provide some liability on the part of the city. Mr. Harlow recommended that Council not move forward with this proposal, keep the property general planned as it now exists which designates the need for a park site within this quarter section; at such time as the city has sufficient funds the city could move forward with the purchase of whichever of these sites would be appropriate. He then reviewed the area and surrounding areas on the viewgraph. He presented reasons why he recommended that Council not move forward in this action but rather to evaluate what little funds are available and how that money should be spent. Discussion was held between Councilman Garofalo and Mr. Harlow regarding the production of the oil wells and housing values in the quartersection. Carrie Thomas stated that in June, 1991, Brindle -Thomas did not own any of the lots at Site A. She stated the reasons it was very difficult to get to Central Park and there is no recreational park for their children. She stated their Homeowner's Association supported the recommended action. She commended the staff for their efforts. Mrs. Thomas stated that many homeowners went down to the city and found that the Holly-Seacliff General Plan Amendment-1989 specifically stated that the park would be developed at Site A. Gail Wendlend stated the homeowners wanted the park centrally located. Mrs. Wendlend recommended approval of the Planning Commission and staff recommendation for Site A. There being no one further to speak on the matter and there being no further protests filed, either oral or written, the bearing was closed by the Mayor. Discussion was held by Council including the definition of a new category of neighborhood park and clarification of the action requested of Council. The City Attorney responded to Councilman Garofalo's request to clarify her communication regarding down zoning giving reasons why she would advise Council not to take action at this time. The Assistant City Administrator spoke regarding efforts in the past four years of the city and Mr. Brindle and Mr. Thomas to buy the lots. 31-4 Page 12 - City Council/Redevelopment Agency Minutes - 06/19/95 Discussion was held between Mr. Fauland and Council regarding various aspects of the issue including past and present land use designation of the area and the issue of whether this is a necessary step in the process of getting the park. Mr. Fauland stated staff believed it was a necessary step. The Mayor recommended a seventh finding be included that this code amendment is not intended to devalue the property owned by private owners within the site in order to make clear that the city seeks to avoid violating their rights as the City Attorney has outlined in rIer response to Councilman Garofalo at this meeting. The City Attorney stated that she believed it would be helpful and reported further on the matter. Councilman Garofalo presented questions to Mr. Harlow relative to Site A and D and Mr. Harlow responded that he believed it was inappropriate to designate property for a public park when it is under private ownership and that he believed the Council can do specifically what the Mayor requested. He spoke further on the matter. Councilman Sullivan presented his understanding of the issue including the City Attorney's memorandum. Following further discussion, a motion was made by Sullivan, second Green, to approve Negative Declaration (Environmental Assessment) No. 92-39 and approve Code Amendment No. 93-1 as recommended by the Planning Commission for Site "A" by approving introduction of Ordinance No. 3287 after reading by title based on findings as set forth in Attachment No. 1 to the Request for Council Action dated June 19, 1995 - and an additional seventh finding as follows: That this is not intended to lower the value of private property at Site "A" in anticipation of acquisition by the city. Findings of Approval - Code Amendment No. 93-1 1. Code Amendment No. 93-1 to amend the Ellis -Golden West Specific Plan by proposing to designate Site "A" for a minimum four acre neighborhood park is consistent with the City's General Plan by incorporating the goals and policies regarding open space and conservation, recreation, circulation, land use, and community facilities. 2. Code Amendment No. 93-1 to designate Site "A" as a neighborhood park is consistent with the goals and policies contained in the Open Space and Conservation Element by encouraging beautification of oil -producing areas and restoration of non -productive oil land, and maximizing the outdoor and environmental potential of the city by providing comprehensive, coordinated recreation, parks and open space programs that fulfill the needs of the community. 3. Code Amendment No. 93-1 to designate Site "A" as a neighborhood park is consistent with the goals and policies contained in the Recreation Element by providing an adequate neighborhood recreation facility that is a minimum four acres in size, centrally located within a neighborhood and will serve an area within a quarter mile radius. 315 Page 13 - City Council/Redevelopment Agency Minutes - 06/19/95 4. Code Amendment No. 93-1 to designate Site "A" as a neighborhood park is consistent with the goals and policies contained in the Circulation Element by providing adequate transportation improvements and access to a future neighborhood park by means of a future local (public) street. 5. Code Amendment No. 93-1 to designate Site "A" as a neighborhood park is consistent with the goals and policies contained in the Land Use Element by capitalizing on the outdoor and environmental potential of the city and by insuring that adequate open space is provided in all residential areas of the city. 6. Code Amendment No. 93-1 to designate Site "A" as a neighborhood park is consistent with the goals and policies contained in the Community Facilities Element by coordinating park development with the provisions of community facilities. 7. (Additional Finding) This is not intended to lower the value of the private property in "Site A" in anticipation of acquisition by the city. Following a reading by title of Ordinance No. 3287 -"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE ELLIS-GOLDENWEST SPECIFIC PLAN GENERAL PROVISION TO PROVIDE FOR THE DESIGNATION OF A THREE TO FIVE ACRE NEIGHBORHOOD PARK - CODE AMENDMENT 93-1" the motion made by Sullivan, second by Green, carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green NOES: None ABSENT: (Garofalo out of room) Motion To Continue Council/Agency Meeting Past 11:00 p.m. - Approved A motion was made by Garofalo, second Sullivan, to continue the Council/Agency meeting past 11 p.m. Motion carried unanimously. (City Council) Public Hearing - Revisions To The City's FireMed Program User Fee Schedule - Resolution No. 6699__Adopted (340.20) The Mayor announced that this was the meeting set for a public hearing to consider revisions to the City's FireMed Program User Fee Schedule. The City policy on fees is to cover the costs related to the activity for which a fee is charged. Fees, fines and permits are reviewed annually to ensure that they are appropriate. As a result of changes in the Health Care Financing Administration (HCFA) billing policies, a staff review was conducted to match FireMed User Fees to the new federal billing guidelines. The type of fees under consideration for revision include selected treatment, medication and supply charges. 316 Page 14 - City Council/Redevelopment Agency Minutes - 06/19/95 Hospitals previously billed patients for medications and supplies administered by paramedics during treatment. These items were provided to the Fire Department without charge and used at the scene of medical emergencies. HCFA billing guidelines now require that providers of paramedic services bill for these items directly. As a result of these changes, the Huntington Beach Fire Department is proposing a user fee schedule to recover costs associated with providing medications and supplies to patients treated by Fire Department personnel. Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Fire Chief presented a staff report. Mayor Leipzig declared the public hearing open. There being no one present 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 Dettloff, second Green, to adopt Resolution No. 6699 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING ADVANCED LIFE SUPPORT, BASIC LIFE SUPPORT, EMERGENCY AMBULANCE TRANSPORTATION, MEDICATION AND SPECIALIZED SUPPLY FEES TO BE CHARGED BY THE FIRE DEPARTMENT OF THE CITY OF HUNTINGTON BEACH." (Authorizes revisions to the FireMed User Fee Schedule to comply with changes in the Health Care Financing Agency's billing policies and provide cost recovery for Advanced Life Support medications and supplies.) The motion carried by the following roil call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green NOES; None ABSENT: (Garofalo out of the room) CONSENT CALENDAR - ITEMS REMOVED Councilman Sullivan requested that the items pertaining to an additional appropriation to the retirement supplement fund and the Amicus Curiae Brief (Santa Barbara) be removed from the consent calendar for separate discussion. Councilman Harman requested removal from the Consent Calendar of the item regarding the Outer Continental Shelf Local Government Coordination Program. CONSENT CALENDAR - ITEMS APPROVED On motion by Green, second Sullivan, Council approved the following items, as recommended by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green NOES: None ABSENT: (Garofalo out of the room) 317 Page 15 - City Council/Redevelopment Agency Minutes - 06/19/95 (City Council Bid Award - Traffic Signal Installation At Ward Street And Garfield Avenue - CC-1013 - De La Cruz Construction Inc. -Approved (600.55) -Accepted the low bid submitted by De La Cruz Construction, Inc. for the Traffic Signal Installation at Ward Street and Garfield Avenue, Project CC-1013, and authorized the Public Works Director to expend a total of $97,385 which includes the contract cost of $56,715, estimated construction change orders $5,670, and $35,000 in anticipated supplemental expenditures. City Council Promotional Agreement - Chevrolet Motor Division - Provision Of Vehicles For Police Department Operation - Approved (600.10) - Approved and authorized the Mayor and City Clerk to execute an agreement between the city and Chevrolet Motor Division for the provision of one Chevrolet Blazer and one Geo Tracker per year for three years to be used for police operations. (City Council Resolution No. 6696 - Adopted - Capital Improvement Programs - Years 1995-1996 through 2001-2002 - Measure M - Growth Mana ement Pro ram Funds (320.40) - "A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH ADOPTING CAPITAL IMPROVEMENT PROGRAMS FORTH E YEARS 1995/1996 THROUGH 2O0112002 FOR COMPLIANCE WITH MEASURE M." (See "Attachment A" for list of Project Programs.) (City Council Acceptance Of Corporation Grant Deed From Seacliff Partners - Tract No. 14042 - Greenbelt Dedication Fee Title - South Side Evening Hill Drive - West Of Goldenwest Street - Approved (650.80) - Directed the City Clerk to accept on behalf of the city, the Corporation Grant Deed from Seacliff Partners shown as Lot "1" and Lot "A" of Tract No. 14042 and instructed the City Clerk to have the document recorded with the Orange County Recorder. (City Council Remediation of Underground Fuel Tank Leak at Water Operations Facility - Profession Services Budget -Approved (320.10) -Approved a professional services budget of $37,308.25 for the remediation of an underground fuel tank leak at the city's Water Operations facility. (City Council Award Of Purchase Order To Paver Decor Masonry For Repair Of Decorative Paving Along Main Street - Approved (600.50) - Approved the award of a $14,000 Purchase Order to Paver Decor Masonry for the repair of some of the decorative paving along the downtown portion of Main Street and authorize the appropriation of $14,000 from the city's General Fund Balance. 318 Page.16 - City Council/Redevelopment Agency Minutes - 06/19/95 (City Council Resolution No. 6697 - Adopted - Approves Request From O.C. Environmental Management Agency For City Approval Of Plans And Specifications For Improvements To Talbert Channel And Pedestrian Bridge (550.20) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE TALBERT CHANNEL FROM BANNING AVENUE TO HAMILTON AVENUE INCLUDING THE CONSTRUCTION OF A PEDESTRIAN BRIDGE, BY THE ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY AND FUNDED BY THE CITY OF HUNTINGTON BEACH AND THE ORANGE COUNTY FLOOD CONTROL DISTRICT." (City Council) Emergency Pier Repair Due to Motorist Accident - Amendment to Budget - Approved (320.45) - Approved an amendment to the current year budget by appropriating $4,400 into Account No. E-AA-CS-343-4-40-00 for repair of the pier railing at the foot of the pier that was damaged by a motorist. (City Council) Amicus Curiae Brief - Request For Support From City And County Of San Francisco - Behrens V. Pelletier - Qualified Immunity Appeals By Public Officials - Approved (630.50) - Approved the recommendation of the City Attorney that Council join in support of the amicus brief relative to the right of a public official to appeal more than one pre- trial ruling denying the public official's assertion of qualified immunity, (City Council) Budget Appropriation For Street Tree Planting - Approved (320.45) - Approved an appropriation of $10,000 to fund the purchase of replacement street trees when the costs of those trees are reimbursed by residents. (City Council) Yorktown Street Widening Proiect From Delaware Street To Beach Boulevard - CC-884 - Acquisition Of Property - Acceptance Of Deed - Approved (650.20) - Authorized the Real Estate Services Director to acquire for the city a portion of the property at 704 Yorktown Avenue for an amount not to exceed $15,000 to cover asbestos mitigation and demolition for a total of $195,000 and authorized acceptance of said deed by the City Clerk on behalf of the City at such time said deed is provided and approved by the City Administrator and the City Attorney. (City Council) Request For Additional Appropriation To Retirement Supplement Fund And For Vacation And Sick Leave Termination Payments -Approved (320.10) The City Council considered the agenda communication from the Administrative Services Department regarding the need for a budget amendment for the Retirement Supplement Program which had been removed from the Consent Calendar at the request of Councilman Sullivan. 319 Page 17 - City Council/Redevelopment Agency Minutes - 06119195 Councilman Sullivan stated his opposition to the additional costs. He s[oke regarding a Comprehensive Annual Financial Report done by the auditors addressing the total unfunded pension liability for this plan of $13,302,000. He stated there was an understanding that as this is a retirement benefit nothing can be done about it but if there is any lawyer who thinks differently to let Council know. He stated that he did not believe a single additional employee should be hired with this benefit until it is straightened out. On motion by Dettloff, second Leipzig, Council approved a budget amendment for $150,000 for the Retirement Supplement Program and $350,000 for the termination payments. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Outer Continental Shelf (OCS) Local Govemment Coordination Program - Continuation Of Oil Drilling Ban - Reguest Received From City Of Newport Beach For City Of Huntington Beach Participation - Expenditure Approved (520.30) The City Council considered the agenda communication prepared by Rich Barnard, Deputy City Administrator, regarding the continuation of a ban on oil drilling in the coastal waters of the Outer Continental Shelf which had been removed from the Consent Calendar at the request of Councilman Harman. Councilman Harman spoke in support of the recommended action stating that there appears to be a view of some new Congressional subcommittee members to discontinue the fourteen year ban. On motion by Harman, second Leipzig, Council authorized the expenditure of $2,000 to support lobbying efforts by coastal cities and counties for the continuation of a ban on oil drilling in the coastal waters of the Outer Continental Shelf (OCS). The motion carried unanimously. (City Council) Amicus Curiae Brief - Request For Support From Citv Of Santa Barbara - Edwards Vs City Of Santa Barbara - Access To Clinics And Places Of Worship - Approved (630.50) The City Council considered the agenda communication from the City Attorney regarding the amicus curiae brief relative to City and County of San Francisco - Behrens v. Pelletier which had been removed from the Consent Calendar at the request of Councilman Sullivan. Councilman Sullivan stated that he believed this was a violation of First Amendment rights. Discussion was held between Councilman Sullivan and the City Attorney regarding this issue including its relation to the city's ordinance regarding picketing. Councilwoman Dettloff stated her support of the brief as she believed it was a protection for the rights of those who want to have entry to various locations. 320 Page 18 - City Council/Redevelopment Agency Minutes - 06119/95 On motion by Dettloff, second Harman, Council approved the recommendation of the City Attorney that Council join in support of the amicus brief relative to a federal court preliminary injunction against an ordinance of the City of Santa Barbara which ensures access to clinics and places of worship. Mayor Leipzig stated he had supported adoption of the city ordinance however he believes the Santa Barbara issue is separate enough from the city's that the Council does not need to involve itself in the Amicus Curiae and that he does not care to get Council involved unless they bear directly on city issues. The motion carried by the following roll call vote: AYES: Harman, Bauer, Dettloff, Garofalo NOES: Sullivan, Leipzig ABSENT: (Green out of the room) (City Council) Qualification Process For Developer/Operator Of New Pierside Restaurant (Formerly Maxwell's By The Sea) And Formation Of City Council Committee - Approved 600.35) The City Council considered the agenda communication from the Community Services Director regarding the need for Council approval of a process for acquiring a qualified developer/operator for the pierside restaurant site, formerly known as Maxwell's by the Sea. The Community Services Director stated that the City Council had terminated the existing lessee. He reported on the Coastal Commission action. He reported on two choices available; to proceed with a Request for Proposals that would state this is the approved building for which the city has received entitlements and determine who wishes to build and operate the building or Council can approve staff recommendation to have a new developer/operator submit the size and style restaurant and take that back through the approval process, knowing now what the maximum parameters would be. He explained the two phase process that staff recommended. He spoke regarding the issue as it relates to the Pier Plaza schedule. Councilman Garofalo stated his support for the recommended action with the caveat of making financial ability the number one priority and to significantly embellish the restaurateur credentials regardless of the venues. Councilman Sullivan stated his support for the motion, however, he had several questions as to how the city can conform to the Coastal Commission's conditions. Following discussion between Councilman Sullivan and Mr. Hagen it was determined that at the second phase of proposals, it be answered as to how the project will conform. Further discussion was held regarding Councilman Sullivan's item regarding Measure C scheduled later in the meeting as it relates to this action. 321 Page 19 - City Council/Redevelopment Agency Minutes - 06119195 Councilman Harman stated he supports the recommended action, however, he has concern regarding how the issue of a Measure C vote fits in with the process. Mr. Hagan responded that Council can determine that if they want a developer wishing to develop under the current entitlement, that Council would make the decision as to whether it goes to Measure C or Council can determine they wish to select another developer who will provide a project that does not require all those conditions and a Measure C vote. On motion by Garofalo, second Harman, Council approved the selection process as outlined in the Request for Council Action dated June 19, 1995 for a developer/operator for the pierside restaurant, formerly known as Maxwell's by the Sea, and authorized staff to solicit Requests for Qualifications as set out by the Community Services Director, as amended as to the priorities for selection and directed the appointment of two Council members to serve on a Council Committee with staff to review qualifications and interview finalists for the pierside restaurant operation. Discussion was held regarding the number of Councilmembers to be appointed to the committee and Mayor Leipzig stated he would talk at the end of the evening with the volunteers and would name Councilmembers to the committee at a later time. The motion made by Garofalo, second Harman, as amended, carried by unanimous vote. (City Council) Pacific Coast Highway Re -Striping - Recommendation To Enter Into Cooperative Agreement With Orange County Transportation Authority - Approved As Amended 5), . zF The City Council considered the agenda communication from the Public Works Director informing Council that the Orange County Transportation Authority (OCTA) has proposed to withhold from the City of Huntington Beach $1.2 million in Measure M/Local Turnback Funds until Pacific Coast Highway between Beach Boulevard and Goldenwest Street has been re - striped from four to six travel lanes. The Public Works Director reported on the OCTA proposal. He reviewed the issue and reported on the staff recommendation. The Mayor commented on what he believes may be novel alternatives in the staff report for mechanisms to create off-street parking. The Public Works Director reported on these possibilities stating that approval by the Council and Coastal Commission would be necessary. He recommended that a study session be held to review the options and then begin negotiations with Coastal Commission staff. The Mayor reported on the memorandum he distributed which had been announced earlier in the meeting by the City Clerk. Councilman Sullivan spoke regarding the material the City Administrator had compiled for him which he had studied. Councilman Sullivan spoke regarding the widening of Pacific Coast Highway in Newport Beach, the history of the subject and the costs to the city of the recommended action. 322 Page 20 - City Council/Redevelopment Agency Minutes - 06/19/95 Discussion was held regarding the possible consequence of the city not taking action in this matter. Discussion was held between Councilwoman Dettloff and the Public Works Director regarding issues including Measure M Funding and parking requirements. City Engineer Robert Eichblatt responded to Councilwoman Dettloff's question regarding how Newport Beach resolved their replacement parking problem. Considerable discussion was held by Council concerning Council's options. The Assistant City Administrator spoke regarding the need to obtain more information to provide a good, solid proposal on the alternative parking approach. The Mayor spoke regarding the points that he believed still needed discussion which he had tried to highlight in his memorandum. On motion by Garofalo, second Green, Council approved entering into a cooperative agreement with the Orange County Transportation Authority in accordance with the conditions set forth in their letter dated April 21, 1995, except that the amount to be withheld shall be the original amount of the grant, $945,000 - not $1.2 million which includes interest. The motion carried by the following roll call vote: AYES: Harman, Bauer, Leipzig, Dettloff, Green, Garofalo NOES: Sullivan ABSENT: None Cit Council Measure C - H.B. City Charter S. 612 Vote On New Maxwell's Restaurant Proiect - Motion „Withdrawn (610.20) Councilman Sullivan distributed a communication to Council submitted by Debbie Cook which had been announced earlier in the meeting by the City Clerk. He reviewed the communication which was comprised of a copy of Measure C, Maxwell's Footprint Measurements, a schematic of Maxwell's, an excerpt from the Planning Commission Minutes dated January 24, 1995 and Page #6-A-5-HNB-95-098 of the Coastal Commission staff report. Councilman Sullivan reviewed the new larger square footage of Maxwell's which he stated is almost 4,000 feet greater than the existing Maxwell's. He stated the greater footage has been verified by the Community Services Director and the Community Development Department. A motion was made by Sullivan, second Bauer, that Council make a determination that the project of record, approved by both the City Council and the Planning Commission, requires a Measure C vote of the people. 323 Page 21 - City Council/Redevelopment Agency Minutes - 06119195 Ron Hagan, Community Services Director, stated that Councilman Sullivan is correct that the project is 4,000 square feet larger due to the addition of public amenities such as public restrooms, public viewing deck and stairway access He reviewed the parking requirements stating that Councilman Sullivan was correct. He also reviewed the Coastal Commission's conditions relative to parking. The City Attorney stated that she believes the lease contains reciprocity rights into the other parking area. Further discussion was held between Council and the Community Services Director. Councilman Dettloff stated that she believes that the public gets confused when people refer to parking lots as beach land; that it once may have been but it has been beach parking for many, many years. Mr. Hagan reported that beach access would be a better definition as persons now using the parking to go to the beach would have to share it with those persons going to Maxwell's which he believes is Councilman Sullivan's reason for believing that a Measure C vote would be needed. Discussion was held regarding Coastal Commission conditions Councilman Sullivan stated reasons why he disagreed with the City Attorney's opinion regarding the parking requirements as related to the lease provisions. Councilman Bauer suggested that the staff, City Attorney and Councilman Sullivan meet and review and return to Council. Following discussion by Council, the City Attorney stated that she has met with Councilman Sullivan and Debbie Cook and that her preliminary Maxwell's and Measure C updated opinion reflects essentially what the other opinion said. The Mayor commented on the different standards that apply to determine if the proposed new lease or project increases the amount of park land dedicated or used by the party. Councilwoman Dettloff stated she would like to have representatives of the Planning Commission party to Council or committee discussions and discussion with Councilman Sullivan. Councilwoman Dettloff stated that she would like to refer this to committee. Motion To Table Item - Failed For Lack Of Second Councilman Garofalo made a motion to table the matter. No second to the motion was received. Councilman Sullivan stated that he would withdraw the motion. He stated that he has made the point that he feels strongly that the approved project requires a Measure C vote and that he wants the record to so state. The Mayor stated he looked forward to further discussion on the issue after further illumination 324 Page 22 - City CounciliRedevelopment Agency Minutes - 06119195 (City Council) Amend Citv Charter To Make Office Of City Treasurer And City Attorney ApRointive - Council Committee Appointed To Retum To Council - City Attorney To Report On Term Of Officeholder (620.20) The City Council considered the agenda communication from Councilman Harman dated June 19, 1995 recommending amending the City Charter to make the Offices of City Attorney and City Treasurer appointive rather than elective. Councilman Harman reported that amending the City Chatter to make the Office of City Treasurer and City Attorney appointive was an adopted goal of the City Council at the time the City Council Goals and Objectives were adopted. He presented his reasons for the recommended action stating that the county was conducting hearings to consider making the county a charter county and to make the county treasurer, the auditor and several other county positions appointive and that he believes it would behoove the City Council to more or less ride on the coat tails of the county at the same time the county charter is considered. He stated that he believed there were advantages of having the offices appointive rather than elective as the persons holding the offices would be a department head responsible to the City Administrator and the elective position is not necessarily responsive to the City Administrator and it causes management problems. Councilman Harman stated that the City Treasurer has served the city in an admirable fashion for a number of years and has notified the Council of his pending resignation and his support for making his office appointive rather than elective. Mayor Leipzig extended his gratitude to the City Treasurer and the City Attorney for their service provided to the city. Councilman Garofalo stated his concern that in the case of the City Attorney, where the person is in office, elected to office by the people, that Council, as elected officials, are telling another elected official that their office does not warrant being elected any more; that he would not have hesitation if the citizens did this. The City Attorney reported that the City Attorney's Office has been an elective Constitutional Office, a division of the Executive Branch of the government as set forth in Government Code Section 1001 and City Charter Section 309. She reported on the several city elections held on this matter at which the voters voted to retain the office of elective City Attorney. Swe requested that Council respect the people and the broad support of this community which this office has engendered throughout the years. The City Attorney spoke regarding the checks and balances between the City Council and City Attorney provided by the Huntington Beach City Charter. She stated that 55% of the voters in California elect their city attorney, so Huntington Beach is not such an odd city despite the fact that in this county it is the only elected city attorney position. The City Attorney questioned how responsive was the appointed Orange County counsel to the Board of Supervisors when the Securities Exchange Commission questioned the county treasurer's financial actions seven months prior to the bankruptcy. 325 Page 23 - City Council/Redevelopment Agency Minutes - 06/19/95 The City Attorney stated her disappointment and surprise that the Council has chosen this time with the admitted criminal defalcations of the elected Orange County Treasurer Robert Citron ringing in the air to suggest that the elected status of Mr. Citron is a justification for once again questioning the combined wisdom and will of the people of Huntington Beach. She questioned who the Councilmembers trust the most, the choice of the same people who elected Council or the choice of four of the seven members of the City Council. A motion was made by Harman, second Green to appoint a three person Council Committee to work with staff, to develop and implement the actions necessary to forward to the Council the proposed change to the City Charter which, if approved by the Council, would be placed on the March, 1996 ballot to make the Offices of City Attorney and City Treasurer appointive rather than elective and direct the City Attorney's Office to draft the proposed City Charter changes in the proper legal form for review and approval. The City Attorney advised Council that it may be important to have another attorney draft the measure relative to the Office of the City Attorney as she believes she would have a conflict of interest. Councilman Garofalo questioned how this process would work if the charter amendment was initiated by the voters and discussion was held between the City Attorney, City Clerk and City Council regarding the charter amendment petition process. Discussion was held regarding the intent of the motion being to have a procedure where an appointive City Attorney would be considered or perhaps a contract City Attorney. Councilman Harman stated that the Council could decide how it is going to appoint the City Attorney; whether the city is going to appoint a City Attorney using the structure the city currently has or have an outside attorney as some cities do, however the specific purpose of the motion is that the City Attorney would be an appointive rather than elective position. The City Attorney stated that she had not researched it lately but her memory is that once a person is elected to a position which has a term, that person remains in that position, even though at an interim period the status in the way that person shall serve is changed, that the person remains in office as an elected office for the four years to which they have been elected. She stated she would report back to Council on this matter. The Mayor thanked the City Attorney and stated that would be his expectation just off hand, but Council would certainly need to have that researched thoroughly. Councilman Harman stated that it was his understanding that if the measure were successful the City Attorney would continue for the remainder of the term. 326 Page 24 - City Council/Redevelopment Agency Minutes - 06/19/95 The motion made by Harman, seconded by Green, was amended to include only the recommended action to appoint a three person Council Committee to work with staff, to develop and implement the actions needed to forward to the Council the proposed change to the City Charter which, if approved by the Council, would be placed on the March, 1996 ballot to make the Office of the City Attorney appointive rather than elective, and to remove the portion of the motion directing the City Attorney's Office to draft the proposed City Charter changes in the proper legal form for review and approval by first the Council Committee and then the City Council as a whole, due to a possible conflict of interest for the City Attorney to prepare same. The motion tamed by the following roll call vote: AYES: Harman, Bauer, Leipzig, Dettloff, Green NOES: Sullivan ABSENT: None ABSTAIN: Garofalo On motion by Harman, second Green, Council appointed a three person Council Committee to work with staff, to develop and implement the actions needed to forward to the Council the proposed change to the City Charter which, if approved by the Council, would be placed on the March, 1996 ballot to make the Office of the City Treasurer appointive rather than elective, and to direct the City Attorney's Office to draft the proposed City Charter changes in the proper legal form for review and approved by first the Council Committee, and then the City Council as a whole. The motion carried by the following roll call vote: AYES: Harman, Bauer, Leipzig, Dettloff, Green NOES: Sullivan ABSENT: None ABSTAIN: Garofalo (City Council) Procedures Adopted For Selection of A New City Treasurer - Approved (120.10) The City Clerk presented an agenda communication from Councilman Harman recommending that certain steps be taken at an early date to fill the Office of City Treasurer vacancy, occurring at the September 16, 1995 retirement of City Treasurer Don Watson, in order to properly manage and protect the city's financial investments. A motion was made by Harman, second Green, to approve the following recommended action: 1. Fill the vacant position of City Treasurer by appointment until the next general election, and 2. With assistance from the current City Treasurer, develop a list of qualifications for candidates applying to fill this vacancy, and 3. Direct the City Administrator to advertise the position, screen applicants, establish pay rate, and submit a list of final applicants to the City Council for selection of an individual to fill the position of City Treasurer. The motion carried by unanimous vote. 327 Page 25 - City Council/Redevelopment Agency Minutes - O6119/95 ADJOURNMENT - CITY COUNCILIREDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Wednesday, July 5, 1995, at 5:00 p.m., in Room 8-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST; F4i �'F�Oar�vrl'lwg 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 329