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HomeMy WebLinkAbout1996-06-03MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Huntington Beach, California Monday, June 3, 1996 A video tape recording of this meeting is on file in the Office of the City Clerk Call To Order 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, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo Absent: None (City Council) Closed Session - Marow v. City Upon information stated by Deputy City Attorney Fields, a motion was made by Green, seconded by Bauer, to make a determination that the need to take action on the issue of the city vs. Marow arose subsequent to the agenda being posted as specified in Govern ment,C4de Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig The Council included the Closed Session on Marow v. City on the City Council Agenda. Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency at 5:15 p.m. to consider the following closed session items: Closed Session - City Council pursuant to Governmeht 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) 339 Page 2 - Council/Agency Minutes- 06/03/96 Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the city's negotiators, Michael Uberuaga and Ron Hagan, regarding negotiations with the H.B.P.O.A. concerning the lease of the property located at 18221 Gothard Street. Instruction will concern price and terms of payment. (120.80) Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 7:00 p.m. in the Council Chambers. City Council/Redevelopment Agency Roll Call Present: Harman, Bauer, Sullivan, Dettloff, Green, (Garofalo arrived at 9:10 p.m.) Absent: Leipzig Pledge Of Allegiance The Pledge of Allegiance was led by the Mayor. Invocation The Invocation was led by Pastor Steve Purdue, Church of the Coastland. Late Communications Announced By The City Clerk Pursuant to the Brown Act, the City Clerk announced the following late communications regarding agenda items which had been received following the distribution of the agenda: Memorandum from Councilman Dave Garofalo, dated June 3, 1996, pertaining to the Community Enrichment Library Fee, Public Facilities Corporation Board Re -appointments, and establishing the Mobile Home Advisory Commission Memorandum from Gail Hutton, City Attorney, dated June 3, 1996, regarding the corrected first page of the Request for Council Action regarding the Agreement with Gafcon, Incorporated Communication from Shari Freidenrich, City Treasurer, dated June 3, 1996, titled Fringe Benefits Package Memo from the law office of Cully and Ryan in support of a request for reconsideration of action taken at the May 20, 1996 Council meeting regarding the exchange and purchase of approximately 20 Encyclopedia Lots and a copy of the assessor's map of the area 34U 06/03/96 - City Council/Redevelopment Minutes - Page 3 Telethon Event - Fourth Of July Parade - June 8, 1996 Mayor Sullivan announced the telethon event scheduled for Saturday, June 8, 1996, on Channel HBTV-3 in support of the Fourth of July parade. He stated that contributions could be made by calling 374-1700 between noon and 10 p.m. Proclamation - To Mayor Sullivan and the City Council by Brian Ricksteiner, Huntington Beach City School District President, a resolution on behalf of the Huntington Beach City School District supporting the Huntington Beach City Policy of Human Dignity. The resolution was adopted by the Board of Trustees on May 6, 1996. Proclamation - By Mayor Sullivan to Adrianne Morrison, Amigos de Bolsa Chica representative, a proclamation supporting American Wetlands Month which was May, 1996. Presentation - To Mayor Sullivan and the City Council of five works of art donated by local Huntington Beach artists to be sent to Sister City, Anjo, Japan, as our city's contribution to the Sister City Art Exchange Program. Sister City Board President Margo Finestone introduced the artists to present their work. Mrs. Jean Cohen, Oil Painting Mrs. Nicole Kunnecke, Pastels Mrs. Mildred Freeman, Watercolor Mr. Melvin Weisbart, Watercolor Mrs. Jacqueline Dvorman, Photography Oath Of Office To City Treasurer Shari Friedenrich The City Clerk administered the Oath of Office to Shari Friedenrich, Huntington Beach City Treasurer, who was appointed by the City Council on May 24, 1996, to fill the vacancy in the elective Office of the City Treasurer. Public Comments Tim Lynn, DARE officer and father, spoke in support of continuing the Drug Abuse Resistant Education (DARE) Program. He stated he was notified on May 30, 1996, that the City Administrator and Council had made the decision to cut half of the funding for the DARE Progran, which removes the program from all middle schools, private schools, and also from the parenting program. He stated that he teaches 15 classes a week with approximately 25 children in each class. He explained the program and the need to teach the students before they reach middle school and before high school. He requested that the Council listen to the children's essays before cutting the program. Spencer Coffey, Eric Marshall, Christine Ha, Sarah Elwood, Sean Tallman, Ashleigh Williams Pearce, Ashlee Blake, Tania Cardosa, and Brian Rayhanabad read their essays on what DARE meant to them and asked Council to reconsider cutting the funding for the DARE Program. 341 Page 4 - Council/Agency Minutes 06/03/96 The City Administrator stated that decisions had not been made on the 1996-97 budget, and explained the process that would take place. He stated he wanted to make it clear that no decision had been made and that discussions were on -going. Coni Kohan spoke in support of the DARE Program stating it was preventative maintenance. Fred Speaker, Planning Commissioner, requested that the item regarding the May 20, 1996, City Council Approval of The Settlement Release and Exchange Agreement between the city and Marow for acquisition of 20 Encyclopedia Lots be reconsidered because it had not been fully explained to the citizens. He listed discrepancies and stated that, for example, the item lists 20 lots yet includes 23 parcels. He requested reconsideration of the item due to the need for additional research so that matters would be done right for the city and its citizens. Timothy Ryan stated that prior to the meeting he distributed a memo in support of the request for reconsideration of the May 20, 1996, City Council approval of the Settlement Release and Exchange Agreement between the city and Marow for the acquisition of 20 Encyclopedia Lots. He stated he also distributed a paper showing the Fairview Tract, where he resides, and the lots in question. Mr. Ryan stated that he had been interested in purchasing four lots and had contacted the city's real estate staff in 1994, again in 1995, and was not informed nor was made a part of the present negotiation. He stated he discovered the city had taken action on the lots after he had contacted an attorney on May 22, 1996. Michael Doyle, real estate broker, retained by Timothy Ryan in October, 1995, to assist Mr. Ryan in acquiring the four lots adjacent to his property in the Fairview Tract. He informed Council he had called Paul Larkin, City Real Estate Agent, and was informed that the parcels had been included in negotiations with a party whom he could not disclose and to negotiate with the party after the trade was closed which would be about 90 days. Mr. Doyle questioned several conditions of the Settlement Release and Exchange Agreement between the city and Marow and stated the citizens would be better served through a procedure such as auctioning off the parcels as Seal Beach has done. He urged Council to reconsider this Exchange Agreement. Don Caldwell, speaking as a mobile home owner and not as a member of the Mobile Home Review Board, stated he truly believed in the Mobile Home Review Board. He stated his concern was the membership composition. He referred to the Request for Council Action dated June 3, 1996 and stated opposition to the staff recommendation that would include highly paid management company representation on the Board. He informed Council t`,at the Board approved the bylaws except for Article 1 Section 3 pertaining to this issue. In response to Mayor Sullivan, Mr. Caldwell stated he would want the language to read "mobile home park owners or resident managers who are not members of a professional management company". B. J. Griffin read an essay in support of the DARE Program. Steve Gullage, Mobile Home Homeowners' Association President, spoke in support of continuing the DARE Program. He addressed Council regarding the Agenda Item pertaining to Ordinance No. 3332 and stated he opposed any changes in the committee representation as it would destroy the original intent of the committee. George Arnold stated that the downtown area needed to be cleaned. 342 06/03/96 - City Council/Redevelopment Minutes - Page 5 Jinx Varona spoke in support of maintaining the DARE Program. He stated the DARE Program helps kids without a strong family base and that the funding needed to be increased, not cut. Dean Albright stated he had worked on committees with other concerned citizens since 1970 and showed books containing the city budget and brochures. He presented a history of how the trash fee started and recommended open bidding on trash disposal contracts to keep the cost down. He stated the citizens are charged for recycling. Mr. Albright stated there should be open bidding for cable television. He stated the industrial base should be expanded and tax incentives should be given to bring businesses to Huntington Beach. Administration To Prepare Response To Mr. Albright Councilmember Bauer requested that Administration respond in writing to Mr. Albright's comments and also that copy of said response be provided to the Council. Ron Russell, Pride Foundation Chairman of the Board, spoke in support of the DARE Officers and stated it was the first time he had heard that no decisions had been reached. He stated that he had been informed that the new officer that had been assigned to DARE had his class canceled and that the two low -seniority -ranking officers had been told they would not be returning to the DARE Program next year. He stated that the Pride Foundation had offered to pay the expenses for four DARE officers to attend the convention this year at no cost to the city, but the offer had been declined due to the uncertainty of the DARE Program. He spoke about the fundraising events that would continue to be held, and stated support was needed. Mr. Russell stated the Pride Foundation has a coalition with the school districts and currently works with the public and private sector to form another coalition to support the program. Mark Porter, Mobile Home Review Committee Chairman, questioned the last two paragraphs on the first page of the Request for Council Action for the Agenda Item pertaining to Ordinance No. 3332. He stated the true picture was not presented and that the key issue was that the mobile home owners wanted to meet with park owners rather than an employee or representative in order to have a direct line between residents and park owners to present their concerns. Vickie Talley, Executive Director of the Manufactured Educational Trust, stated she was present at the request of the mobile home park owners who sit on the Mobile Home Review Committee. She expressed concern that discussion of the bylaws had gone on over a year, that the language be kept simple, and that the Council approach the most qualified persons. She stated that of the sixteen parks, many owners were retired and not managing park owners and requested Council to allow flexibility. She recommended the nine -member committee consist of the following: three members representing mobile home park ownership, three members representing residents, and three independent members not affiliated with mobile home parks. She requested that resident managers not be on the committee as they would be swayed too much by the residents. In answer to Councilmember Harman's inquiries on using volunteers and seniors or retired police officers to teach the DARE Program, Officer Lynn stated that using police officers lends more credence to the program and that other cities had tried using people other than officers for the DARE Program without success. He stated that the presence of police officers in the classroom is a large part of the program. 343 Page 6 - Council/Agency Minutes- 06/03/96 (City Council) Council Committee And Council Liaison Reports Cable Television 3 Council Committee Councilman Harman announced the HBTV-3 Council Committee open public meeting at 2:00 p.m., Monday, June 11, 1996, at City Hall to meet with Time Warner representatives regarding service interruptions and reception and the issue of the insufficiency of only one refund of one -day payment to residents when there was a service interruption of four -to -five days. He announced the public meeting of the Public Cable Television Authority (PCTA) Committee at the Fountain Valley Community Center on Wednesday, June 12, 1996 at 7:30 a.m. Marine View School - Distinguished Award Councilwoman Dettloff announced that Marine View School had received a Distinguished School award and that only one hundred schools in California receive the award. The City Council offered their congratulations to Marine View School. Koledo Apartment Dedication Councilwoman Dettloff reported that the Council attended the dedication of the Koledo Apartments acknowledging the city and the private partnership apartment renovation the apartments in the Oakview area. She stated the new residents were very gracious and they shared the celebration ceremony and a meal with them. Human Dignity Policy Councilwoman Dettloff reported that Councilman Bauer and she attended a program at Huntington Beach Union High School on the City Policy on Human Dignity. She stated the policy had been read to all homerooms and the students were given the opportunity to sign it. She stated the policy would be sent to every city and school district in Orange County, the League of California Cities, churches, synagogues, and organizations in Huntington Beach so that everyone in the city could become part of the important policy. (City Council) City Administrator's Report City Budget Meeting June 10, 1996 The City Administrator announced a City Council Budget meeting on the approach to the 1996-1997 City Budget at 5:00 p.m. on Monday, June 10, 1996, in the Council Chamber. The City Administrator reported on the budget shortfall. He referred to the amount of property tax taken by the state as shown in the Budget Summary and stated this is the reason why the city has had to downsize. Joint City Council/Planning Commission Meeting - Waterfront Proposal - To Be Held June 24, 1996 The City Administrator announced there would be a joint City Council and Planning Commission meeting at 7:00 p.m., Monday, June 24, 1996, in Room B-8, Civic Center, regarding the history of proposed plans for the Waterfront site on Pacific Coast Highway. 344 06/03/96 - City Council/Redevelopment Minutes - Page 7 (City Council) Public Hearing Regarding Increase To The Community Enrichment Library Fee - Hearing Opened And Continued To June 17, 1996 - Study Session Scheduled For June 10, 1996 - Staff Report Requested (340.20) The Mayor announced that this was the meeting set 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. The following late communication was announced earlier in the meeting by the City Clerk: Memorandum from Councilman Dave Garofalo, dated June 3, 1996, pertaining to the Community Enrichment Library Fee, Public Facilities Corporation Board Re -appointments, and establishing the Mobile Home Advisory Commission Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Mayor declared the public hearing open. A motion was made by Green, seconded by Bauer, to discuss the Community Enrichment Library Fee at the June 10, 1996 Budget study session and to continue the public hearing open on the Community Enrichment Library Fee Increase to the June 17, 1996 Council meeting. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green NOES: None ABSENT: Leipzig, Garofalo Staff Report Requested Regarding Library Fee Councilman Green requested an analysis of the income to the library if the industrial and commercial fee is kept at 150 a square foot. He requested an update on the projected square footage due to a decrease of multiple family units. (City Council) Agenda Item Moved Forward - Joint Powers Agreement Establishing The Orange County Council Of Governments (OCCOG) (600.40) By consensus of Council the Agenda Item pertaining to the Joint Powers Agreement establishing the Orange County Council of Governments was taken out of agenda order and moved forward due to representatives from the League of California Cities being in the audience. 345 Page 8 - Council/Agency Minutes- 06/03/96 (City Council) Joint Powers Agreement Establishing The Orange County Council of Governments - (OCCOG) - Approved (600.40) The City Council considered the agenda communication from Rich Barnard, Deputy City Administrator, transmitting a proposed Joint Powers Agreement establishing the Orange County Council of Governments (OCCOG). The OCCOG is designed to provide a forum that brings together representatives from local governments, the business community, and higher education institutions of Orange County to discuss and consider issues that are regional in nature. The OCCOG will consider regional issues and develop strategies that will insure that Orange County has an effective voice in influencing those regional decisions that are made at Regional, State and Federal levels of Government that will have a direct impact upon the residents of Orange County. Rich Barnard, Deputy City Administrator, presented a staff report. Discussion was held with Council and Janet Huston, League of California Cities Executive Director. A motion was made by Dettloff, seconded by Bauer, to approve the Joint Powers Agreement establishing the Orange County Council of Governments (OCCOG) and authorize the Mayor and City Clerk to execute the Agreement. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green NOES: None ABSENT: Leipzig, Garofalo Councilman Garofalo arrived at the Council meeting at 9:00 p.m. Consent Calendar - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Public Facilities Corporation Board of Directors Re -appointments; Ability of city to Charge for Utility Cuts by Telecommunications Purveyors on Street Pavement, Resolution No. 96-41, Joint Agreement for the Implementation and Operation of the Orange County Automated Fingerprint Identification System (CAL -ID); Commitment of Funds Agreement, Affordable Housing Commitment of Home Investment Partnership Funds, and Resolution No. 96-44, the Salary Resolution for the Office of City Treasurer. Consent Calendar - Items Approved On motion by Sullivan, second Green, Council approved the following Consent Calendar items, as recommended by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig 34.6 06/03/96 - City Council/Redevelopment Minutes - Page 9 (City Council/Redevelopment Agency) Minutes - Approved and Adopted - Approved and adopted minutes of the adjourned regular meeting of February 26, 1996 as written and on file in the Office of the City Clerk. (City Council) Resolution No. 96-43 - Adopted - Sets Public Hearing For June 17, 1996 - Beach Boulevard Underground Utility District No. 96-01 - Between Yorktown And Garfield Avenues (350.20) - Adopted Resolution No. 96-43 - "A Resolution Of The City Council Of The City Of Huntington Beach Calling A Public Hearing To Determine Whether Public Necessity, Health, Safety Or Welfare Require The Formation Of An Underground Utility District On Beach Boulevard Between Yorktown And Garfield Avenues." (City Council) Amendment No. 1 To Agreement With Gafcon, Incorporated - For Consultant And Expert Witness Services - Peck Reservoir - Transfer And Appropriation Of Funds - Approved (600.10) -Approved transfer of an additional $35,000 for Gafcon's Peck Reservoir Services into Account No. E-EW-AT-130-4-05-00 and approved and authorized execution of Amendment No. 1 to the Administrative Agreement dated May 18, 1995 between the city and Gafcon, Incorporated for Consultant and Expert Witness Services. (City Council) Notice Of Completion - Deferred The Maintenance Program - Water Service Contract - Bridge Crossings - WSC-013 - A.J. Fistes Painting Company - Acceptance Of Improvements - Approved (600.75) - Accepted improvements for the painting and coating of bridge crossings as specified in the contract for Deferred Maintenance Program and authorized the City Clerk to file the Notice of Completion for a total contract cost of $69,765. (City Council) License Agreement To Use A Portion Of Pacific Bell Mobile Services Facility (PBMS) Emergency Warning System - Approved (600.10) - Approved and authorized execution by the Mayor and City Clerk of a License Agreement between the city and Pacific Bell Mobile Services pursuant to the Master Agreement approved by Council dated April 15, 1996, to allow for the acquisition, installation and city ownership of an emergency warning siren on PBMS's monopole at Fire Station 3 on Bushard Street. (City Council) Warner Avenue Emergency Repair Rehabilitation Project - Beach Boulevard To "B" Street - Plans And Specifications - Call For Bids - CC-1037 - Cancellation Of Gothard Street Widening Project - Approved, (600.50) - Approved cancellation of the Gothard Street Widening Project, south of Talbert Avenue, and approved plans and specifications for the Warner Avenue Emergency Rehabilitation Project and authorized the Public Works Director to solicit bids for construction. _ why Council) Budget Appropriation For Street Trees - Approved (320.45) - Approved an appropriation of $14,000 to fund the purchase of replacement street trees when the costs of those trees are reimbursed by residents. 347 Page 10 - Council/Agency Minutes - 06/03/96 (City Council) Public Facilities Corporation - Board Of Directors Re -Appointments - McCormick - Perkins - Faber - Dettloff - Continued To June 17, 1996 (110.20) The City Council considered the agenda communication from the City Administrator, dated June 3, 1996, entitled Approval of Re -appointments to the Board of Directors, Public Facilities Corporation. The following late communication was announced earlier in the meeting by the City Clerk: Memorandum from Councilman Dave Garofalo, dated June 3, 1996, pertaining to the Community Enrichment Library Fee, Public Facilities Corporation Board Re -appointments, and establishing the Mobile Home Advisory Commission A motion was made by Garofalo, second Green, to continue the item pertaining to the re- appointment of Merle McCormick, Buck Perkins, Lorraine Faber and Robert Dettloff to the Public Facilities Corporation Board of Directors to June 17, 1996. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig (City Council) Ability Of City To Charge For Utility Cuts By Telecommunications Purveyors On Street Pavement - Resolution No. 96-41 - Adopted - Opposes SB 1896 And Endorses AB 3154 (640.15) The City Council considered the agenda communication from the City Administrator dated June 3, 1996, entitled Utility Pavement Cuts. The City Council considered Resolution No. 96-41 which opposes Assembly Bill 3154 and allows local agencies to franchise telephone companies in public rights -of -way and collect fees to cover cost of trench repairs. Senate Bill 1896 would deny cities the ability to require fair and reasonable compensation. Les Jones, Public Works Director, responded to Council inquiries. In answer to Councilman Harman's request, Public Works Director Jones stated he would review the cost to repair trenches and his information could be transmitted by Councilman Harman to the legislature. A motion was made by Bauer, second Dettloff, to adopt Resolution No. 96-41 - "A Resolution Of The City Council Of The City Of Huntington Beach Opposing Senate Bill 1896 And Endorsing Assembly Bill 3154." The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig 06/03/96 -.City Council/Redevelopment Minutes - Page 11 (City Council) Joint Agreement For The Implementation And Operation Of The Orange County Automated Fingerprint Identification System (CAL -ID) - Approved (600.40) The City Council considered the agenda communication from the City Administrator dated June 3, 1996 entitled Joint Agreement for the Implementation and Operation of the Orange County Automated Fingerprint Identification System. Captain Bill Mamelli, Police Department representative, reported and answered Council questions. A motion was made by Bauer, second Sullivan, to approve and authorize execution by the Mayor and City Clerk of the Joint Agreement with the County of Orange for the Implementation and Operation of the Orange County Automated Fingerprint Identification System (CAL -ID). The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig (City Council/Redevelopment Agency) Commitment Of Funds Agreement (Operating Agreement) - Affordable Housing Commitment Of Home Investment Partnership Funds Between The City And Redevelopment Agency - Approved (600.30) The City Council considered the agenda communication from the City Administrator/Executive Director dated June 3, 1996, entitled Commitment of Home Investment Partnership Funds between the city and the Redevelopment Agency. Economic Development Director Biggs reported. A motion was made by Bauer, second Dettloff, to approve and authorize execution by the Mayor and City Clerk and the Executive Director and Clerk of the Redevelopment Agency of the Commitment of Funds Agreement for a minimum of $399,200 in 1994 Investment Partnership Program funds to provide affordable housing, per Housing And Urban Development (HUD) regulations at 24 CFR Part 92. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig (City Council) Resolution No. 96-44 - Adopted As Amended - Salary Resolution For Office Of City Treasurer (700.90) The City Council considered the agenda communication from the City Administrator dated June 3, 1996, entitled Salary Resolution for the Office of the City Treasurer. The following late communication was announced earlier in the meeting by the City Clerk: Communication from Shari Freidenrich, City Treasurer, dated June 3, 1996 titled Fringe Benefits Package 349 Page 12 - Council/Agency Minutes - 06/03/96 The Council considered Resolution No. 96-44 - which sets the salary for the Office of the City Treasurer at $6,618 per month and fringe benefits equal to those received by Department Heads, as provided by Resolution No. 6274 and amended by Resolution No. 6567. A motion was made by Sullivan, second Garofalo, to adopt Resolution No. 96-44 as amended - "A Resolution Of The City Council Of The City Of Huntington Beach Reinstating The Salary Of The City Treasurer." The City Clerk clarified the amendment to read that effective on May 27, 1996, the salary for the City Treasurer shall be Six Thousand Six Hundred Eighteen Dollars ($6,618.00) per month, plus benefits as set forth in the Exhibit to the Request for Council Action dated June 3, 1996, except that the self -funded retirement benefit (Section IV.A.2) shall not be provided as a benefit for the City Treasurer. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig (City Council) Ordinance No. 3332 - Introduction Approved As Amended - Establishes The Mobile Home Advisory Board -Bylaws Approved As Amended (110.10) The City Council considered the agenda communication from the Economic Development Director regarding recommendations submitted by the Mobile Home Review Committee and the city staff on Bylaws, Article I, Section 3, Membership Composition, and transmitting a proposed ordinance for the establishment of a Mobile Home Advisory Board. The following late communication was announced earlier in the meeting by the City Clerk: Memorandum from Councilmember Dave Garofalo, dated June 3, 1996, pertaining to the Community Enrichment Library Fee, Public Facilities Corporation Board Re -appointments, and establishing the Mobile Home Advisory Commission The City Council considered Ordinance No. 3332 which proposed the establishn snt of a Mobile Home Advisory Board. The Economic Development Director presented a staff report. Councilwoman Dettloff stated the Council liaisons' recommendation would be that board status for the group would be appropriate and that the membership composition should be three mobile home park owners, three mobile home park residents, and three city-wide residents who would serve as members of the Board. Dan Bruening, Housing Rehabilitation Manager, reported. The City Clerk requested clarification of the motion. '350 06/03/961- City Council/Redevelopment Minutes - Page 13 Scott Fields, Deputy City Attorney, stated that all places in the ordinance where it states "commission" would be changed to "Board". He also stated that in Ordinance No. 3332, Section 1, Paragraph 2.112.030 Composition, the second sentence should read, "Membership shall be comprised of three (3) Huntington Beach mobile home park owners (who may or may not reside in Huntington Beach)..." Following discussion, Scott Fields, Deputy City Attorney, stated the Bylaws would also be amended to change the word "commission" to "board" wherever it appears. A motion was made by Garofalo, second Green, to approve introduction, after reading by title, of Ordinance No. 3332, as amended to change the word "commission" to "board" wherever it appears and to add "who may or may not reside in Huntington Beach" in Section 1, Paragraph 2.112.030, second sentence and to approve the Bylaws for the Mobile Home Review Board as amended to change the word "commission" to "board" wherever it appears - "An Ordinance Of The City Of Huntington Beach Adding Chapter 2.112 To The Huntington Beach Municipal Code Establishing The Mobile Home Advisory Commission." The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig (City Council) Placement Of Campaign Signs On Public Property Or Public Rights -Of -Way - Continued To First Council Meeting January, 1997 (420.35) The City Council considered the agenda communication from the City Clerk informing Council that it is now possible for the city to re-establish the provisions of Ordinance No. 2832, adopted July, 1986, which banned the posting of political signs on public property or in the public rights -of - way. This is possible due to a 1983 United States Supreme Court decision upholding the City of Los Angeles ordinance that banned political postings on specified public property. The City Clerk presented a staff report. At the request of Councilman Green, Captain Bill Mamelli, Police Department representative, reported from the safety perspective. He stated that signs on the public rights -of -way are distracting. Following discussion, a motion was made by Garofalo, second Green, to continue the item pertaining to the preparation of an ordinance prohibiting the placement of political signs on public property and public rights -of -way to the first Council meeting in January, 1997. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig 351 Page 14 - Council/Agency Minutes - 06/03/96 (City Council) City Administrator And Council Extend Appreciation To City Treasurer The City Administrator stated he wished to give credit to the City Treasurer for withdrawing the salary benefit of the supplemental retirement provision. The Mayor also extended Council's appreciation. (City Council/Redevelopment Agency) Council/Agency Items (City Council) Request For Reconsideration Of May 20, 1996 City Council Approval Of Settlement Release And Exchange Agreement Between City and Marow - Acquisition Of 20 Encyclopedia Lots - Motion To Reconsider Approval - Reconsideration Scheduled For June 10, 1996 (600.10) The City Council considered the agenda communication from Councilman Garofalo requesting City Council reconsideration of action taken on May 20, 1996 regarding acquisition through exchange and purchase of 20 encyclopedia lots. (Exchange of 17 lots in the area the city has designated as Central Park for a comparable number of lots owned by the city in the Fairview Addition tract, south of Ellis Avenue and not located in Central Park. City to acquire three lots adjacent to Ellis Avenue for street widening purposes.) Two communications were received and distributed to Council from Deputy City Administrator Franz, dated May 29, 1996, titled Request for Reconsideration - Encyclopedia Lot Transfers and from Councilman Garofalo, dated May 30, 1996, regarding communication from Timothy Ryan, Cully and Ryan Law Office, regarding this agenda item. The following late communication was announced earlier in the meeting by the City Clerk: Memorandum from the law office of Cully and Ryan in support of a request for reconsideration of action taken at the May 20, 1996 Council meeting regarding the exchange and purchase of approximately 20 Encyclopedia Lots and a copy of assessor's map of the area and a copy of the assessor's map of the area The City Administrator reported. A motion was made by Garofalo, second Green, to 1. approve reconsideration of action taken at the May 20, 1996 City Council meeting which was: "Approval of the Settlement and:Exchange Agreement and authorization for the Mayor and City Clerk to execute the necessary documents and deeds for recordation to perfect this property exchange" and 2. approve June 10, 1996 as the current meeting date for the reconsideration. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Dettloff, Green, Garofalo NOES: Harman ABSENT: Leipzig 332 06/03/96 - City Council/Redevelopment Minutes - Page 15 (City Council) Portion Of Cable Television Operating Policy Waived For Mayor Of Indianapolis, Indiana Councilman Garofalo stated that in order to benefit from an hour-long cable television HBTV-3 program on privatization, Council would need to make an exception to current policy to permit the Mayor of Indiana, who just won the primary election for Governor, to be on the program. Rich Barnard, Deputy City Administrator, read the policy regarding declared candidates for any public office on HBTV-3. Motion That The Need To Take Action Arose Subsequent To Agenda Posting - Cable Television Operating Policy A motion was made by Garofalo, second Green, to make a determination that the need to take action on the issue of the Cable Television Operating Policy arose subsequent to the agenda being posted as specified in Government Code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig A motion was made by Garofalo, second Green, to amend the Cable Channel 3 Operating Policy as amended by the City Council, April 1, 1996, for the exclusive shooting of the May luncheon, tomorrow, with scheduled viewing by the Department Heads. The City Administrator reported on the subject matter and intent to capture re -inventing government, privatization, and how the city of Indianapolis has addressed doing business in an effective way with less resources. Councilmember Garofalo stated that Mayor Goldsmith would report on his interpretation of economic development, how it has worked in the city of Indianapolis and how it could work for our city. He stated it would not be a political message. The motion made by Garofalo, seconded by Green, to amend the Cable Channel 3 Operating Policy as amended by the City Council, April 1, 1996, for the exclusive purpose of shooting the Mayor's tomorrow with viewing by the Department Heads' to be scheduled carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig 353 Page 16 - Council/Agency Minutes - 06/03/96 Adjournment - 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 9:55 p.m. to Monday, June 10, 1996 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: Clerk/Clerk G 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 City 354