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HomeMy WebLinkAbout1997-01-21MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Huntington Beach, California Tuesday, January 21, 1997 An audio tape recording of the 5:00 p.m. portion of this meeting and a video tape recording of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. Calf To Order Mayor Bauer 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, Dettloff, Bauer, Sullivan, Garofalo, (Julien arrived at 6:00 p.m.) Absent: Green (City Council ioint Study Session Between CitTCouncil And Community Services Commission (920.80) Mayor Bauer announced that this portion of the Council meeting would be devoted to a joint study session Between the City Council and the Community Services Commission. (City Council Community Services Commission Roll Call Present: Biddle, Carey, Kreitz, Simons Absent: Brahmbhatt, Manley, Moss, O'Donnell, Ryan, Staunton, Thomas A quorum of the Community Services Commission was not present. fCity Council Annual Status Report And Community Services Commission's Goals (920, 80) The Community Services Commission informed Council of its desire to become more a part of the city budget process from the beginning. 700 Page 2 - Council/Agency Minutes - 01/21/97 The Community Services Commission and the City Council discussed the communication from the Community Services Commission dated .January 21, 1997 which transmitted the Community Services Commission's goals for 1997 as adopted by the Community Services Commission at its January 8, 1997 meeting. The City Council and Community Services Commissioners discussed the following Community Services Commission's goals: Community Services Commission's Goals 1. Complete the parklschool inventory and needs assessment and develop a strategy regarding closed school sites. Discussion was held between Community Services Director Hagan and the Community Services Commission regarding the needs assessment document that will be made available from the consultant in the near future. He stated that the document would also be made available on a disk. The Community Services Director reported on how the document was formatted to visually show details of parks so that on -site visits are not necessary. 2. Evaluate park play equipment and prioritize replacementiremoval; consider alternative funding sources; and work with the League of California Cities to meet Americans with Disabilities Act requirements and Consumer Products Safety mandates. Considerable discussion was held between the City Council, the Community Services Commissioners, and the Community Services Director regarding the Americans with Disabilities Act requirements and Consumer Products Safety mandates for park play equipment. Issues discussed included the method by which to evaluate the park play equipment and the prioritization of the replacement and removal of the equipment. The issue of liability and the roles of the city's Risk Management Division, Public Works Department, Community Services Commission, and the Council were discussed relative to the evaluation of the park play equipment_ Mayor Bauer stated the need for Council to be involved in decisions made regarding the play equipment. Community Services Director Hagan reported on the city's plan to meet the Consumer Products Safety Standards and Americans with Disabilities Act requirements. He stated that the Community Services Commission will prioritize the safety items and present its prioritization to the City Council for approval. The Mayor spoke regarding the need for a process for equipment removal. Commissioner Carey spoke regarding the need for guidelines to assist the Community Services Commission regarding liability factors involved in the play equipment issue. It was determined that the Council liaisons would be involved in this process. The Community Services Director stated that the equipment which should obviously be removed will not be difficult to prioritize_ 701 01/21/97 - City Council/Redevelopment Agency Minutes - Page 3 Discussion was held between the Council and Commissioners regarding the feasibility of completing one park in a manner that will completely fulfill Americans with Disabilities Act (ADA) requirements. The Community Services Director reported on ADA law and factors involved in this approach, including a possible class action suit. He stated this issue would be reported on. Chairman Kreitz stated that he believed the processes followed by other cities relative to ADA should be reviewed. Community Services Director Hagan explained that some cities are taking a stand that the ADA mandate came down from the federal government without funding. Jim Engle, Deputy Director, Community Services Department, in response to a question by Mayor Pro Tempore Dettloff, stated that the city's liability carrier is performing a study on play equipment which could be a liability problem. Discussion was held regarding types of fund-raising efforts and methods to obtain sponsorship for play equipment purchase. Commissioner Carey stated that she believed the League of California Cities should get involved as this is a big problem. Community Services Director Hagan stated that the League has taken a stand to help with Americans with Disabilities Act requirements so it is difficult for them to take a stand relative to noncompliance. 3. Review the Park Acquisition and Development (PA&D) Fund to resolve issues such as park funds spent on the Art Center, increasing the PA&D fee, and exploring other revenue sources that could possibly generate income into the PA&D Fund. Discussion was held between the City Council and Commissioners regarding the $380,000 taken from the Park Acquisition and Development Fund (PA&D) for Art Center use. It was clarified that the Art Center is an eligible use for Park Acquisition and Development Fund funds. Other possible deletions from the Park Acquisition and Development Fund include gun range needs. The Mayor stated that if another legitimate use of Park Acquisition and Development Fund funds is proposed, it should be placed before the Community Services Commission for careful review. The City Attorney responded to Councilmember Harman regarding the city's ability to raise the Park Acquisition and Development fee assessment. The Community Services Director stated that the city's Park Acquisition and Development fee was low in comparison to other cities. The Community Services Director was requested to review this issue and place it for review before the Community Services Commission and then to Council. 4. Examine and make recommendations regarding the possible rebuilding of the police/public gun range. Mayor Pro Tempore Dettloff was informed by the Commission that it would favor making a recommendation relative to the feasibility of the gun range in Huntington Central Park. 702 Page 4 - Council/Agency Minutes - 01/21/97 Commissioner Biddle stated that she had attended both meetings relative to the gun range (January 15, 1997 meeting of the City Council Gun Range Committee on the Huntington Central Park Gun Range and January 8, 1997 Community Services Commission meeting) and that there were two different presentations made. Mayor Bauer spoke regarding the need to find a location for the gun range that would not require a Measure C vote and also would be a facility for joint powers use. Councilmember Harman requested that the Community Services Commission forward to the Council its recommendations relative to the gun range to arrive at the same time as the recommendations of the Council Committee. He Stated that the Community Services Director would assist the Community Services Commission in this regard. The Community Services Director spoke regarding the reason for the problem which transpired at the meetings referred to by Commissioner Biddle. Councilmember Garofalo stated that he would recommend that at least three members of the Community Services Commission attend the City Council study session to be held on the gun range issue. 5. Review and develop implementation strategies for the Huntington Central Park Master Plan/youth sports facilities. Chairman Kreitz presented a brief report relative to the Huntington Central Park Master Plan/youth sports facilities. Discussion was held between the Commissioners and Council regarding the issue of implementation of the youth sports facilities at Huntington Central Park which will be placed before the Council at the February 17, 1997 Council meeting. Discussion was held regarding a past proposal made by a company for a type of golf course and batting cage facility which would be suitable for the soil conditions at Huntington Central Park. Discussion was held between the Council and Commissioners regarding the need for proposals to be placed before the Council even though they may not appear to be feasible by some groups in the community. The merits of Council being presented with private proposals was discussed, including the fact that discussion can be held between the Council and the company relative to revising a proposal which would make it acceptable. Placing private proposals before the City Council would also allow the opportunity for discussion of the issue of development by private enterprise rather than by government. Councilmember Harman encouraged the Community Services Commission to propose a manner in which to implement the Huntington Central Park Master Plan relative to the rest of the park, aside from the youth sports facilities portion. 6. Review and set up process for completion of the Bartlett Park Master Plan/Senior Multi - Service Center. The City Counc.4 was informed by the Community Services Commission that it will continue to study the Bartlett Park Master Plan/Senior Multi -Service Center. Community Services 703 01/21/97 - City Council/Redevelopment Agency Minutes - Page 5 Director Hagan spoke regarding the desire of the senior citizens to develop a plan whereby a senior site could be placed at Bartlett Park through utilization of the Older Americans Act. 7. Initiate regular meetings with Council liaisons to the Commission to insure constant open lines of communication between City Council and Community Services Commission. The Community Services Commission informed Council that the Commission is well on the way to having regular meetings with the City Council liaisons. The Commissioners informed Council they will be utilizing times on Friday afternoons during Council office hours as well as making presentations during Public Comments at Council meetings. Councilman Garofalo informed the Commissioners that he would like to see the Commission's goals prioritized. He stated he understands their need to be sensitive to neighbors who may be affected by proposals; however, responsiveness to the community as a whole must also be considered. Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency at 6:10 p.m. to consider the following closed session items: Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: Marine Safety Officers' Association, Police Officers' Association, Police Management Association, Municipal Employees' Association, Management Employees' Organization, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association, (120.80) Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the agency's negotiator regarding negotiations with Mohammed and Adel Zeidan concerning the purchase/lease of property located at Standard Market, 126 Main Street (Main -Pier Project Area). Instruction will concern: Price and terms of payment. Subject: Amending Zeidan OPA (Owner Participant Agreement). (400.50) Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.(c) to confer with its attorney regarding pending litigation. Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. Number of potential cases: 1. Subject: Bloom V. Redevelopment Agency. (400.50) Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 7:10 p.m. in the Council Chambers. 704 Page 6 - Council/Agency Minutes - 01/21/97 Flag Ceremony And Pledge Of Allegiance The Flag Ceremony and Pledge of Allegiance were led by Cub Scout Pack 463, Carden Academy accompanied by Cubmaster Mickey Bond. Proclamation - A proclamation was presented by Mayor Bauer to representatives of the Huntington Beach School District, Ocean View School District, Fountain Valley School District, Westminster School District and Huntington Beach Union High School District proclaiming the month of January as School Board Month. (120.60) Presentation - A presentation was made by Mayor Bauer to the Huntington Beach Union High School representative of a "Blue Ribbon Award" given by Expansion Management Magazine for 1996. The Blue Ribbon Award represents achievement of academic excellence and the preparation of students to become part of the work force. (160.40) Presentation - A presentation was made by Mayor Bauer to the Golden West College Women's Volleyball Team and the Golden West College Men's Water Polo Team both of which in the fall of 1996 won state championships. (160.40) City Council/Redevelopment Agency Roll Call Present: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo, (Green arrived at 9:05 p.m.) Absent: None Late Communications Announced By The ā¯‘eauty Citv Clerk Pursuant to the Brown Act, Deputy City Clerk Maybrice Henry announced the following late communications regarding Agenda Items which had been received following the distribution of the agenda: Communication from the City Attorney dated January 21, 1997 requesting removal from the consent calendar for further discussion of Amendment No. 3 to the Contract between the city and the law firm of George Dalton and Associates Slide Report from the City Treasurer dated January 21, 1997 entitled Treasurer`s Report - January 21, 1997 Shari L. Freidenrrch, C.P.A. Communication from Councilman Green dated January 21, 1997 requesting to, if possible, delay consideration of Agenda Item F-2, Resolution No. 97-6, City Council Action to Unilaterally Act to Resolve the Impasse between the City and Police Officers' Association Communication from Community Development Director dated January 21, 1997 in response to a request from Councilman Harman regarding Affordable Housing Units - Required Projects (1994-1996) 705 01/21/97 - City Council/Redevelopment Agency Minutes - Page 7 Communication from Tom Zanic, New Urban West, Incorporated, dated January 21, 1997 regarding the Oceancrest Project (City Council Report Of Action Taken At Closed Session On December 16 1996 - (Pending Litigation) - Government Code Section 554957.1 a 3 B - Susan Newman Individual/ And/Or On Behalf Of Cha ter One Inc. v. City Of Huntington Beach et al. (630.40) The City Council considered a communication from the City Attorney dated January 17, 1997 regarding the Susan Newman, Individually and/or on behalf of Chapter One, Inc. v_ City of Huntington Beach, et al. - O.C.S.C. Case No. 75 87 72_ The City Attorney reviewed the action taken by Council on this matter during closed session at the December 16, 1996 Council meeting. The City Attorney reviewed her memorandum to Council titled Report of Action Taken at Closed Session - December 16, 1996 (Pending Litigation - Government Code Section 554957.1(a)(3)(B)). She stated that the substance of the mutual compromise and release approved by the City Council in closed session December 16, 1996 was to accept dismissal of the referenced case with prejudice. In exchange, each side was to bear their own costs and attorneys fees, and furthermore, each side to waive any further actions arising out of the case between the parties. She stated the case has been finalized by approval of the court. The City Attorney stated that the motion in closed session had been to approve the settlement of the referenced case by mutual compromise and release and that this motion had carried by a unanimous vote of all seven Councilmembers. (City Council) Mayor Bauer's Announcement Regarding Procedure For Public Comments (120.10) Mayor Bauer stated that at the January 6, 1997 Council meeting during the Public Comments section of the Agenda, comments were made by speakers relative to staff which he believes, although not the intent of the speakers, were perhaps inappropriate. He stated that as Councilmembers do not respond directly to the comments, it may appear to staff that the Council agrees with the comments when Council does not. The Mayor stated that one of Council's goals is to build a strong, effective city team to deliver services effectively to the people. Mayor Bauer stated that he knows the city employees to be intelligent, sensitive, highly caring human beings. The Mayor stressed his hope that the public will minimize negative comments about the staff. Mayor Bauer stated that he will reserve the right to respond to such comments following the Public Comments portion of the Council meeting. Public Comments Ernesto Hurtado addressed Council regarding the needs of the residents of the Oak View community. He stated that the Oak View Community Center has shut its doors on weekends and holidays and that the center is needed by the children of the Oak View community. Mr. Hurtado stated that the kids in this area of the city need the center; that it will help keep them away from bad activities. 706 Page S - CouncillAgency Minutes - 01/21/97 Mayor Pro Tempore Dettloff informed Mr. Hurtado and the audience that there is an item on the Agenda this evening which, if approved, will allow the center to be open on Saturdays and Sundays and also to extend the center's hours of operation. Mayor Pro Tempore Dettloff reported that this problem had been brought to her attention by Fran Andrade, Oak View School Community Liaison, and Councilmember Sullivan. Steven Redpath, president of the Orange County Wheetmen, addressed Council in opposition to circle loop detectors and regarding the need for road detectors that will sense bicyclists in order to trip traffic signal lights. He spoke regarding the problem of a bicyclist entering into the intersection and having the traffic light change before the bicyclist can traverse the intersection. The City Administrator stated that staff would return to Council and Mr. Redpath with information on the matter. Ed Deuel congratulated Councilmembers Sullivan and Harman on their re-election and Councilmember Pam Julien on her election to the City Council. He congratulated Mayor Bauer on his election as Mayor. Mr. Deuel, referring to a past presentation he had made to Council relative to the desire of the city's police force to serve the citizens to its utmost, cited a recent example of an off -duty police officer catching a bank robber in Huntington Beach. Mr. Deuel referred to a recent article in the Los Angeles Times regarding the Huntington Beach Police Department --where it is going and where it has been --which he stated was a good article. He spoke in opposition to Resolution No. 97-6 adopting the city's final position at impasse between the city and the Police Officers' Association. Mr. Deuel informed the City Council that the city has a Mercedes Benz Police Department; however, the parts were rapidly deteriorating. He urged Council to assist the Police Department so that the Police Department does not become a Hyundai quality police department. Richard Wright, president of the Huntington Beach Police Officers' Association, addressed Council regarding concerns of some that compensatory time will be used as a weapon in future negotiations. He stated that he was present to put these concerns to rest. He informed Council that there never has been or ever will there be a job action by the Police Officers' Association that would jeopardize the safety and welfare of the citizens of Huntington Beach or limit the number of officers available to respond to the calls for services. He spoke regarding the concerted legal job actions taken by the Police Officers' Association two and one-half years ago. He spoke in opposition to Resolution No. 97-6 adopting the city's final position at impasse between the city and the Police Officers' Association. Officer Wright presented background information regarding the compensatory time issue and informed Council that if the resolution is adopted as presented, it would financially saddle the taxpayers with more of a tax burden to provide the same services. Maria Serrano, Girl Scout troop leader, spoke regarding her Girl Scout troop's need for a meeting place at Oak View Center. She requested that the Oak View Center be open on Saturdays. Yolanda Martinez, Girl Scout supervisor and parent, addressed Council regarding the need for the Oak View Center to be open. She spoke regarding the involvement the center offers for children. 707 01/21/97 - City Council/Redevelopment Agency Minutes - Page 9 (City Council/Redevelopment Agency) City Council Goals And Objectives Workshop Scheduled For January 31, 1997 At Huntington Central Library (120.50) The City Administrator informed Council that an adjourned meeting had been scheduled for January 31, 1997 at 12:00 noon at the Huntington Central Library for the City Council Goals and Objectives Workshop. He stated that the public was invited. (City Council/Redevelopment Agency) City Council/Department Head Workshop Scheduled For Saturday, February 1, 1997 At Golden West College (120.50) The City Administrator announced that an adjourned meeting would be held on Saturday, February 1, 1997 at Golden West College to conduct a City Council/department head workshop. Call Regular Meeting Of The Huntington Beach Public Financing Authority To Order - To Meet Jointly With City Council (125.35) Chairman Bauer called the regular meeting of the Huntington Beach Public Financing Authority to order, Public Financing Authority Roll Call: Present: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo Absent: Green (Public Financing Authority) Huntington Beach Public Financing Authority - Election Of Officers -Approve (125.35) A motion was made by Harman, second Garofalo, to elect the following officers: Mayor Ralph Bauer - Chairman Mayor Pro Tempore Shirley Dettloff - Vice Chairman City Clerk Connie Brockway - Secretary The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green 708 Page 10 - Council/Agency Minutes - 01/21/97 (Public Financing Authority) Approval Of Minutes Of The Regular Meeting Of The Huntington Beach Public Financing Authority Authority Of December 18, 1995 (125,35) A motion was made by Harman, second Garofalo, to approve and adopt minutes of the regular meeting of the Huntington Beach Public Financing Authority of December 18, 1995 as written and on file in the Office of the Secretary. (The Secretary will record as voting only those Councilmembers present during the meetings and record as abstentions those members who were not in office). The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green ABSTENTIONS: Julien Public Financing Authority) Public Financing Authority Adjournment The meeting of the Huntington Beach Public Financing Authority adjourned. Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency. (City Council) Request For City Attorney Opinion Regarding Request For Materials Submitted At January 13, 1997 Closed Session Pursuant To Public Records Act (630.30) A motion was made by Sullivan, second Harman, that the City Attorney be requested to prepare a legal opinion regarding the request for materials submitted during the January 13, 1997 closed session relative to the Public Records Act (Acquisition of Reservoir and Fire Station Site in Bolsa Chica Area). The City Administrator informed Council that there are two issues involved in this matter: 1. whether there should have been a closed session on the Acquisition of Reservoir and Fire Station Site in Bolsa Chica Area and 2. the Public Records Act issue. City Attorney Hutton spoke regarding the two issues presented by the City Administrator. She explained the two distinct sets of legal analyses necessary and clarified each as follows: The Public Records Act --the Freedom of Information Act --and whether the materials that were developed during the closed session must legally be distributed to the requester or whether there is a right under the Public Records Act to keep them confidential until the time of acquisition of any property that the city was going to require. 709 01/21/97 - City Council/Redevelopment Agency Minutes - Page 11 She stated that the other question has to do with the legality of holding a closed session on the acquisition of real property of which the water site and easements thereto would be real property. The maker and second of the motion concurred that both issues should be included in the motion and reported on by the City Attorney. The motion made by Sullivan, second Harman, carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green Consent Calendar - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: City Council/Redevelopment Agency Minutes Resolution No. 97-5 - Donation From James Ackerman For Establishment Of Veterans' Memorial At Civic Center - Appropriation From Donation Fund Transfer Of Ownership Ocean View Estates - 7051 Ellis Avenue - Mobile Home Unit No. 3 - Carlin To George/Conway Down Payment Assistance Program Participant Approval For Pacific Park Villas Project - Talbert Beach Redevelopment Project Area Amendment No. 3 - To Legal Services Agreement - With George E. Dalton And Associates - Regarding City v. McDonnell Douglas Consent Calendar - Items Approved On motion by Sullivan, second Garofalo, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green (City Council) Citizen Participation Advisory Board (CPAB) - Membership Change - Steen - Rhynders - Villasenor - Allegretti - Approved (110.20) - Approved that Daris Steen, Jr., Patricia Rhynders, and Cheryl Villasenor are no longer members of the Citizen Participation Advisory Board, acknowledged the resignation of Andrew Allegretti; and declared that there are no vacancies. 710 Page 12 - Council/Agency Minutes - 01/21/97 (Redevelopment Agency) Bid Award - J. K. Construction - Rehabilitation Of Redevelopment Agency -Owned Mobile Homes At Ocean View Estates - Approved (600.10) - Accepted the bid from J. K. Construction of $25,940 plus a 20% contingency for a total bid amount of $31,128 for the rehabilitation of Space Nos. 15, 19, 20, 31, and 44 at Ocean View Estates, 7051 Ellis Avenue and authorized the City Attorney to prepare a contract between the Redevelopment Agency and City Council for approval at a later meeting. (City Council) Waiver Of Insurance Requirements For Lewis Partners - Consultant Employed To Conduct Two City Workshops - Approved (600.10) - Approved waiver of usual insurance requirements on Professional Services Contract between the City and Lewis Partners to Conduct Two Workshops, required by Resolution No_ 6277, adopted May 20, 1991 _ (City Council) Investment Advisory Board Appointment - Robert Turicchi - Approved (110.20) Entered into the minutes of the meeting the appointment by Mayor Pro Tempore Dettloff of Robert Turicchi as her representative to the Investment Advisory Board. (City Council) Signal Bolsa Corp. - Easement Deed - Purchase Agreement For Right -Of -Way Easement By And Between City And Signal Bolsa Corp. - Donation Agreement For Right -Of - Way Easement Between The City And Signal Bolsa Corp. - Holly-Seacliff - PLC Development Company - Approved (600.10) - A. Approved and authorized the Mayor and City Clerk to execute the Donation Agreement for Right -of -Way Easement By and Between the City of Huntington Beach and Signal Bolsa Corporation and directed the City Clerk to record same with the Orange County Recorder; and B. approved and authorized execution by the Mayor and City Clerk of the Purchase Agreement for Right -of -Way Easement By and Between the City of Huntington Beach and Signal Balsa Corporation and directed the City Clerk to record same with the Orange County Recorder. (City Council) Public Works Commission Appointment - Paul Johnson - To Fill Vacancy Created By Resignation Of Davey Johnson - Approved (110,20) - Approved the appointment of Paul Johnson to fill the remainder of Commissioner Davey Johnson's term on the Public Works Commission which expires June 30, 1999. (City Council) Library Board Of Trustees Appointment - Barbara Marrs - To Fill The Vacancy Created By The Resignation Of Edward Borowiec - Approved (110.20) - Approved the appointment of Barbara Marrs to fill the unexpired term of Edward Borowiec on the Library Board of Trustees which expires June 30, 1999. 711 01/21/97 - City Council/Redevelopment Agency Minutes - Page 13 (City Council) Amendment - Boyle Engineering Corporation - Waiver Of Insurance Requirement - Professional Services Contract - Study Related To The Holly-Seacliff Development Agreement - Approved (600.10) - Approved the recommendations of the Settlement Committee regarding the professional services contract between the city and Boyle Engineering Corporation for the Holly-Seacliff Reimbursement Study for excess capacity as follows: 1. accepted a deductible of $25,000 on the general liability insurance rather than requiring no deductible and 2. accepted a 10 day notice of cancellation rather than the usual 30 days notice of cancellation in the event of nonpayment of premium. (Agreement approved on December 16, 1996). (City Council) Professional Services Contract - Boyle Engineering Corporation - Waiver Of Insurance Requirement - Options Available Water Services To The Development Planned For Bolsa Chica -Approved (600.10) - 1. Authorized the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and Boyle Engineering for Engineering Services with Boyle Engineering Corporation in the amount of $50,000, combining three individual agreements previously approved administratively ($27,400) plus anticipated additional professional services of $22,600, 2. appropriated $50,000 from the Water Fund to Account No. E-EW-PW-921-3-90-00. The Financial Impact Statement is attached to the Request for Council Action from the Community Development Department dated January 21, 1997, and 3. approved the Settlement Committee Recommendation to waive certain insurance requirements for Boyle Engineering Corporation (Allow a $25,000 deductible on the general liability policy and 10-day notice in the event of cancellation for nonpayment of premium). (City Council/Redevelopment_Agency) Transfer Of Ownership - Ocean View Estates - 7051 Ellis Avenue - Mobile Home Unit No. 3 - Carlin To George/Conway - Approved (600.10) The City Council considered a communication from the Economic Development Department and the Administrative Services Department regarding the transfer of ownership of Mobile Home Unit No. 3 at the Ocean View Estates from Phil Carlin to Margie George and William Conway. In response to Mayor Pro Tempore Dettloff, the Economic Development Director clarified the difference between the rights of persons moving from Driftwood Mobilehome Park to the Ocean View Estates and persons only renting the coaches at Ocean View Estates. Economic Development Director Biggs responded to Councilmember Harman's questions relative to the method of termination of lease to non -Driftwood mobilehome residents. A motion was made by Dettloff, second Sullivan, that the Redevelopment Agency authorize the sale of Ocean View Estates Space No. 3 by Phil Carlin to Margie George and William Conway for $30,000 and authorize the Executive Director to execute documents necessary to deliver $34,93528 to the purchase escrow as the Agency's gap payment, and the City Council authorize the Mayor and City Clerk to execute the attached Rental Agreement upon acceptance and execution by the prospective purchasers, Margie George and William Conway. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green 712 Page 14 - Council/Agency Minutes - 01/21/97 (Redevelopment Agency) Down Payment Assistance Program Participant Approval For Pacific Park Villas Proiect - Talbert -Beach Redevelopment Project Area - Approved (600.30) The City Council considered a communication from the Economic Development Department regarding the Down Payment Assistance Program Participant Approval for Pacific Park Villas Project in the Talbert -Beach Redevelopment Project Area. Councilmember Harman requested clarification regarding the portion of the Economic Development Director's report relative to $330,000 remaining in the program. The Economic Development Director reported that this money would be available to other affordable housing projects. He informed Council that potential recipients would be set forth in the next budget period. A motion was made by Harman, second Dettloff, to approve the borrower listed by name on the Request for Council Action from the Economic Development Department dated January 21, 1997, the amount of the loan, and the specific property subject to trust deed and authorize the Chairperson and Agency Clerk to execute the loan documents between the Agency and the participant as prepared by the City Attorney. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT. Green (City Council) Amendment No. 3 - To Legal Services Agreement - With George E. Dalton And Associates - Regarding City V. McDonnell Douglas - Approved As Amended (600.10) The City Council considered a communication from the City Attorney transmitting Supplemental Agreement No. 3 to the Legal Services Agreement with George E. Dalton and Associates to assist with Huntington Beach v. McDonnell, et al, USDC - Case No. SA CV 94-29. The City Attorney reviewed her communication dated January 21, 1997, Subject: Agenda Item E-14, Amendment #3 to Contract between the City of Huntington Beach and the Law Firm of George E. Dalton and Associates. Earlier in the meeting, Deputy City Clerk Maybrice Henry had announced that the following communication on this item had been provided to the City Council: Communication from the City Attorney dated January 21, 1997 requesting removal from the Consent Calendar agenda for further discussion of Amendment No. 3 to the Contract between the city and the law firm of George Dalton and Associates A motion was made by Harman, second Julien, to 1. approve and authorize execution by the Mayor and City Cleric of "Supplemental Agreement No. 3 to Agreement dated October 2, 1995 by and between the City of Huntington Beach, a municipal corporation hereinafter as the "City," and George Dalton and Associates, sole proprietorship, hereinafter as "Contractor" to assist with Huntington Beach v. McDonnell, et al. USDC." (Case No. SA CV 94-29) subject to City Attorney approval of appropriate insurance certificate renewal, 2. appropriate $76,000 713 01/21/97 - City Council/Redevelopment Agency Minutes - Page 15 from the Equipment Replacement Fund to cover legal fees and costs, and 3. approve a waiver of the "No deductible" insurance requirement for George Dalton and Associates and accept professional liability coverage with a $10,000 deductible as evidenced by the acord form. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green (City Council/Redevelopment Agency) Minutes Of January 6, 1997 Approved And Adopted As Amended - Approval And Adoption Of January 13, 1997 Deferred To February 3, 1997 (120.65) The City Council considered the approval and adoption of the minutes of the City Council and Redevelopment Agency regular meeting of January 6, 1997 and the adjourned regular meeting of January 13, 1997 as written and on file in the Office of the City Clerk. Councilman Sullivan requested that the minutes of January 6, 1997 be amended to include the addition of the affirmative response by the marathon event organizer to his question as to whether future marathons in the city could be publicized as the Huntington Beach Shoreline Marathon Run. The City Council concurred with Councilman Sullivan's requested addition to the minutes. A motion was made by Sullivan, second Harman, to approve and adopt the minutes of the City Council and Redevelopment Agency regular meeting of January 6, 1997 as amended by Councilman Sullivan regarding the subject of the marathon event. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green Councilman Sullivan suggested that approval and adoption of the minutes of the City Council and Redevelopment Agency adjourned regular meeting of January 13, 1997 be deferred until the controversy is resolved by the City Attorney relative to the closed session which was held on acquisition of the reservoir and fire station site in the Bolsa Chica area. A motion was made by Sullivan, second Harman, to delay approval and adoption of the minutes of the January 13, 1997 adjourned regular meeting of the City Council and Redevelopment Agency. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green 714 Page 16 - Council/Agency Minutes - 01/21/97 The City Attorney reported that she had received a transmittal from the City Clerk's Office of a request relative to the Public Records Act as it pertained to the materials submitted at the January 13, 1997 closed session. She informed Council of the procedure for requesting the Office of the City Attorney to prepare legal opinions. A motion was made by Sullivan, second Harman, to make a determination that the need to take action on the issue of a request for a City Attorney opinion regarding request for materials submitted at the January 13, 1997 closed session relative to the Bolsa Chica pursuant to Public Records Act 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: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green (City Council) Resolution No. 97-5 - Adopted - Donation From James Ackerman For Establishment Of Veterans' Memorial At Civic Center - Appropriation From Donation Fund (130.55) The City Council considered a communication from the City Administrator's Office transmitting a resolution relative to the donation received from James Ackerman For establishment of a veterans' memorial at the Civic Center. Mayor Bauer stated that he would like to take this opportunity to once again extend the City Council's appreciation to Mr. Ackerman for his generous donation of $15,000 to complete the fund-raising for the veterans' memorial to be placed at the Civic Center. He informed the Council and audience that Mr. Ackerman did not personally wish to appear before the City Council to receive a resolution of appreciation, however, that Mr. Ackerman would appreciate receiving the resolution at his home or office. A motion was made by Bauer, second Sullivan, to adopt Resolution No. 97-5 - "A Resolution Of The City Council Of The City Of Huntington Beach Declaring A Gift Of Public Funds For The Public Good To Establish A Veterans' Memorial In The City Of Huntington Beach" and direct staff to appropriate $15,000 from the Donation Fund to be deposited into the Veterans' Memorial Fund for use by the veterans' groups in the construction of the Civic Center site memorial. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan NOES: None ABSENT: Green, (Garofaio out of the room) (City Council) City Treasurer Summary - Investment Portfolio Activity - November, 1996 - Accepted (310.20) The City Council considered a communication from the City Treasurer transmitting the November Investment Summary Review for November, 1996. 715 01/21/97 - City Council/Redevelopment Agency Minutes - Page 17 Earlier in the meeting, Deputy City Clerk Maybrice Henry had announced that the following communication on this item had been provided to the City Council: Slide Report from the City Treasurer dated January 21, 1997 entitled Treasurer's Report - January 21, 199 7 Shari L. Freidenrich, C. P.A. The City Treasurer informed Council that the chart on the slide corrects the written text relative to Investment Balances Trends. Councilmember Garofalo presented questions regarding the report as it pertains to cash flow. The City Treasurer responded to Councilman Garofalo's questions stating that software has just been installed and she anticipates that within the next six months the new system will allow her office to include the cash flow detail in her report to Council. Following a review of the monthly report, a motion was made by Garofalo, second Harman, to accept the Monthly Investment Report for November, 1996 pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by unanimous vote with Councilmember Green absent. (City Council) Resolution No. 97-6 - Impasse Between City Council And Huntington Beach Police Officers' Association - Postponed Pending Councilman Green's Arrival At Council Meeting (720.20) Mayor Bauer informed Council that Resolution No. 97-6 would be postponed until such time as Councilmember Green arrives at the Council meeting pursuant to his request in his communication dated January 21, 1997 announced by Deputy City Clerk Maybrice Henry earlier in the meeting. (City Council) Request For Reconsideration Of The General Plan Amendment No. 96-3 - Zoning Map Amendment No. 96-3 - Negative Declaration No. 96-4 (Oceancrest) - Northwest Corner Of Palm Avenue And Seapoint Street - Approved On January 6, 1997 - Ordinance No. 3346 - Introduction Approved - Resolution Nos. 97-2 & 3 - Adopted - Motion To Reconsider Approved with The Exception Of Reconsideration Of Ordinance No. 3346 (440.50) The City Council considered a communication from Councilmember Julien dated January 17, 1997 Subject: Reconsideration of General Plan Amendment No_ 96-3 - Zoning Amendment No. 96-3 - Negative Declaration No. 96-4 - Northwest Corner of Palm Avenue and Seapoint Street - Oceancrest. Said communication informed Council that following approval by the City Council at the January 6, 1997 Council meeting, Councilmember Julien had concern regarding the potentially high rental rates approved for the project's affordable housing condition, and based on this concern, she was requesting the action on the Oceancrest Project be reconsidered. Said communication also presented a proposed motion for Council consideration. Earlier in the meeting, Deputy City Clerk Maybrice Henry had announced that the following communication on this item had been provided to the City Council: 716 Page 18 - Council/Agency Minutes - 01/21197 Communication from Tom Zanic, New Urban West, Incorporated, dated January 21, 1997 regarding the Oceancrest Project Councilmember Julien referred to an interdepartmental communication to the Mayor and City Council from the Community Development Director dated January 17, 1997, Subject: City of Huntington Beach Housing Goals 1989 - 1998 Corrected Copy. Councilmember Julien stated that her decision was based on the chart in said communication which has been corrected from the chart which had originally been provided to the City Council. She stated that as the information had changed, she is requesting reconsideration. Councilmember Julien also referred to the communication from Tom Zanic, Vice President, New Urban West, Incorporated, dated January 21, 1997 addressed to the Community Development Director in which Mr. Zanic stated his agreement with the proposed motion as long as the reconsideration does not include Zoning Map Amendment No. 96-3 (Ordinance No. 3346). Applicant: Oceancrest Partners Request: General Plan Amendment No. 96-3 is a request to amend the General Plan Land Use Map from RH-30 (High Density Residential-30 units per acre) to RL-7 (Low Density Residential-7 units per acre). This would reduce the permitted density on the site from a maximum of 30 units per acre (297 units) to 7 units per acre (69 units). The General Plan Amendment will also delete certain language in the Coastal Element of the General Plan that requires high density residential development and affordable housing on the site. Zoning Map Amendment No. 96-3 is a request to change the zoning map from RH-29-0-CZ (High Density Residential-29 units per acre -Oil Overlay -Coastal Zone) to RL-0-CZ (Low Density Residential -Oil Overlay -Coastal Zone), pursuant to Section 247.08 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). This would reduce the permitted density on the site from 29 units per acre (consistent with the currently approved project on the site) to 7 units per acre (maximum 69 units). Local Coastal Program Amendment No. 96-2 is a request to transmit changes in the City's Local Coastal Program (i.e., the General Plan Amendment and Zoning Map Amendment) to the Coastal Commission for approval subsequent to the City's action on these two applications. Location: Northwest corner of Palm Avenue and Seapoint Street. Environmental Status: Negative Declaration No. 96-4. It was determined that the above item with mitigation would not have any significant environmental effects and that a mitigated negative declaration is warranted_ Prior to acting on the appeal, the City Council must review and act on the negative declaration. On January 6, 1997 the City Council approved the following: 717 01/21/97 - City Council/Redevelopment Agency Minutes - Page 19 Planning Commission Recommendation: A. Approved Negative Declaration No. 96-4 with Mitigation Measures (contained in Attachment No. 5) to the Request for Council Action from the Community Development Department dated January 6, 1997, B. Approved General Plan Amendment No. 96-3 by adopting Resolution No. 97-2 (Attachment No. 1); Ordinance No. 3346 - "A Resolution Of The City Council Of The City Of Huntington Beach, California Approving General Plan Amendment No. 96-3 And Negative Declaration No. 96-4," C. Approved Zoning Map Amendment No. 96-3 with Findings (Attachment No. 5) and introduction of (Attachment No. 4);Ordinance No. 3346 An Ordinance Of The City Of Huntington Beach Amending The Huntington Beach Ordinance Code By Amending District Map 4 (Sectional Map 4-6-11) To Rezone The Real Property Generally Located At The Northwest Corner Of Palm Avenue and Seapoint Street From RH-29-0-CZ (High Density Residential-29 Units Per Acre -Oil Overlay -Coastal Zone) To RL-0-CZ (Low Density Residential -Oil Overlay -Coastal Zone) (Zoning Map Amendment No. 96-3)," and D. Adopted Resolution No. 97-3 adopting Local Coastal Program Amendment No. 96-2 requesting Certification by the California Coastal Commission (Attachment No. 3) "A Resolution Of The City Council Of The City Of Huntington Beach Adopting Local Coastal Program Amendment No. 96-2 (General Plan Amendment No. 96-3 Zoning Map Amendment No. 96-3, Negative Declaration No. 96-4) And Requesting Its Certification By the California Coastal Commission." A motion was made by Julien, second Garofalo, to reconsider Negative Declaration No. 96-4, General Plan Amendment No. 96-3 (Resolution No. 97-2), and Local Coastal Amendment No. 96-2 (Resolution No. 97-3) and to request staff to re -notice these public hearings pursuant to the Huntington Beach Zoning and Subdivision Ordinance and set such hearing for the first possible Council meeting. In response to a question by Councilmember Harman, the Community Development Director stated that the applicant is amenable to the proposed motion. She referred to the developer's communication dated January 21, 1997 requesting that the second reading of Ordinance No. 3346 on tonight's agenda proceed. The Community Development Director recommended that the second reading of Ordinance No. 3346 go forward. The Community Development Director informed Council that the public hearing on General Plan Amendment No. 96-3, Resolution No. 97-2, and Resolution No. 97-3 could be scheduled for the second meeting in February. Councilmember Harman asked how the chart came to be incorrect. Community Development Director Fallon reported that the consultant had made a gross error in calculation. In response to a question by Councilmember Harman, the Community Development Director stated that at most there would be a two to four week delay for the developer to present the project to the Coastal Commission. The reconsideration motion made by Julien, second Garofalo, carried by the following roll call vote: AYES: Julien, Dettloff, Bauer, Sullivan, Garofalo NOES: Harman ABSENT: Green 718 Page 20 - Council/Agency Minutes - 01/21/97 (City Council) Ordinance No. 3346 - Adopted - Zoning Map Amendment 96-3 - Oceancrest Development - nlw Corner Of Palm Avenue And Seapoint Street (440.50) The City Council considered a communication from the Community Development Department transmitting Ordinance No. 3346 (Zoning Map Amendment 96-3 - Oceancrest Development). Earlier in the meeting, Deputy City Clerk Maybrice Henry had announced that the following communication on this item had been provided to the City Council: Communication from the Community Development Director dated January 21, 1997 in response to a request from Councilman Harman regarding Affordable Housing Units - Required Projects (1994-1996) In response to Councilmember Harman, the Community Development Director reported on what each of the actions taken by Council on January 6, 1997 relative to the Oceancrest Development encompassed. She presented reasons why a second reading can proceed on the ordinance. Councilmember Garofalo requested that the Council write a strong letter of recommendation for approval to the Coastal Commission at such time as the project is forwarded to their body. The Community Development Director informed Council that if such recommendation should be made by Council, she would suggest that it be done following the public hearing scheduled in February on the General Plan Amendment. A motion was made by Garofalo, second Julien, to adopt Ordinance No. 3346 following a reading by title by the Deputy City Clerk - An Ordinance Of The City Of Huntington Beach Amending The Huntington Beach Ordinance Code By Amending District Map 4 (Sectional Map 4-6-11) To Rezone The Real Property Generally Located At The Northwest Comer Of Palm Avenue And Seapoint Street From RH-29-0-CZ (High Density Residential-29 Units Per Acre - Oil Overlay -Coastal Zone) to RL-0-CZ (Low Density Residential -Oil Overlay -Coastal Zone) (Zoning Map Amendment No. 96-3)." (Public hearing and introduction held on January 6, 1997). The motion carried by the following roll call vote. - AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green (City Council) Request For Brown Act Informational Seminar - Approved (110.10) The City Council considered a communication from Councilmember Harman dated January 17, 1997 requesting that an informational seminar be scheduled regarding the requirements of the Brown Act. Councilmember Harman presented reasons for his recommendation. He stated that as a Councilmember, he does not want to inappropriately go into closed session. A motion was made by Harman, second Dettloff, to direct staff to schedule an informational seminar concerning the Brown Act along the lines of the information presented in his communication dated January 17, 1997, preferably to be conducted in the evening. 719 01/21/97 - City Council/Redevelopment Agency Minutes - Page 21 Councilmember Garofalo stated that he had full confidence in the City Attorney to provide advice on the matter and that this proposal is offensive to him personally. The City Attorney reported on provisions of the Brown Act. She referred to the Brown Act and secondary sources of the Brown Act. The City Attorney reported at length regarding the issue stating that for the protection of the City Council and the city, she would not recommend that a biased group conduct the seminar on the Brown Act. In response to Councilmember Harman, the City Attorney clarified that the closed session held regarding the gun range lease was not an example of a violation of the Brown Act. The City Attorney also clarified matters pertaining to a recent closed session of the Personnel Commission. Mayor Pro Tempore Dettloff stated that she believes a workshop on the Brown Act is needed and that she believes staff is able to provide the presentation. She stated that she would like the public and board and commission members to participate. The motion was amended by Councilman Harman to reflect that the informational seminar should be conducted by an outside attorney who is an expert on the Brown Act; however, not an attorney made available by the publisher of the Independent newspaper. In response to a question by Councilmember Garofalo, the City Attorney stated that she could locate such an expert attorney. Councilmember Sullivan suggested the law firm of Liebert, Cassidy, and Frierson. The motion as amended made by Harman, second Dettloff, to direct staff to schedule an information seminar concerning the Brown Act; to recommend that this seminar be conducted in the evening from 7:00 p.m. until 10:00 p.m.; to invite all current members and liaisons of all city boards and commissions as well as the City Council to attend the seminar; to welcome members of the public. The seminar should be conducted by an outside attorney who is an expert in matters related to the Brown Act. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green Councilmember Green arrived at the Council meeting at 9:05 p.m. 720 Page 22 - Council/Agency Minutes - 01/21/97 (City Council) Request To Reproqram Community Development Block Grant Funds (CDBG) - For Oak View Center Weekend And Holiday Hours - Approved (340.70) The City Council considered a communication from Mayor Pro Tempore Dettloff, the Council liaison to the Oak View Task Force, dated January 14, 1997 requesting the reprogramming of Community Development Block Grant (CDBG) funds for weekend and holiday hours which were eliminated due to budget cuts. A motion was made by Dettloff, second Julien, to approve reprogramming of $4,689.97 in current year Community Development Block Grant funds to the Oak View Center from 1996-97 contingency funds to reinstate weekends and holidays and extend weekday evening hours for recreation services at the Oak View Center. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (City Council) Discussion Regarding Council Comments To Press Relative To July 4th Activities - Enforcement By Police Department (530.10) Councilman Garofalo referred to a recent article in the Los Angeles Times newspaper wherein he believed that inappropriate comments had been made to the press by Councilmembers regarding the Police Department. He stated that in 1995 and 1996, there had been a unanimous vote of approval by Council of the Police Department's Fourth of July Action Plan. He recommended that the Council meeting be the forum for Council comments. Mayor Bauer presented comments on the matter, including the difficulty in ascertaining what comments and discussions are actually made on various subjects reported in the newspaper. Councilman Harman stated that the Council had not approved persons being arrested on their own property. The City Attorney informed Council that as this issue is not on the posted agenda, discussion on the issue cannot be held pursuant to the Brown Act. Councilman Harman thanked the City Attorney for pointing this out. Councilman Harman stated that for some time he has been bothered by the practice of each Councilmember, in turn, bringing up items not on the agenda. Discussion was held. The Council presented questions of the City Attorney as to whether Council Committee reports should also be agendized as well as the City Administrator's items under the City Administrator's Report portion of the agenda. Councilmember Harman stated reasons he favors Council reports being placed on the agenda. The City Attorney informed Council that she would prepare a report on this subject. 721 01/21/97 - City Council/Redevelopment Agency Minutes - Page 23 (City Council) Resolution No. 97-6 - Adopted As Amended - City Council Action To Unilaterally Act To Resolve The Impasse Between City And Police Officers Association (720.20) The City Council considered a communication from the Administrative Services Department transmitting Resolution No. 97-6 pertaining to the city's final position at impasse between the city and the Police Officers' Association. Earlier in the meeting, Deputy City Clerk Maybrice Henry had announced that the following communication on this item had been provided to the City Council: Communication from Councilman Green dated January 21, 1997 requesting to, if possible, delay consideration of Agenda Item F-2 - Resolution No. 97-6 City Council Action to Unilaterally Act to Resolve the Impasse between the City and Police Officers' Association The City Administrator reported on the chronology of events. He also referred the City Council to the resolution recommending Council adopt the hearing officer's recommendation with exceptions. Mayor Pro Tempore Dettloff presented questions to the City Administrator regarding the compensatory time issue. The City Administrator reported that the city would pay overtime in cash until such time as the city and the Huntington Beach Police Officers' Association agree to a compensatory time policy. Councilmember Garofalo reviewed issues relating to this bargaining process. He stated that he thinks the issue of compensatory time belongs in a study mode between parties for no more than 180 days. With the Mayor's permission, Councilmember Garofalo requested that Officer Wright, president of the Huntington Beach Police Officers' Association, approach the podium. Richard Wright, president of the Police Officers' Association, responded to a question by Councilmember Garofalo as to whether he feels it is prohibited to use compensatory time for any job action in the future. Officer Wright spoke regarding the time when there had been a perception that a job action occurred. He stated the need to resolve the compensatory time issue. A motion was made by Garofalo to approve the recommended action for Items No. 1 through No. 5 and instruct the City Administrator to enter an aggressive negotiating mode on Item No. 6 for no longer than 180 days at which time if there is no decision made, the Council will make it, but to challenge the negotiating team that is negotiating for the Council to take the one last remaining issue out of a two-year negotiation and a three-year period with no pay raises and put it on the table for a more succinct debate. Councilmember Green stated he would second the motion if the Deputy City Clerk has the motion. Councilmember Garofalo stated his motion had been based on the wording on Page No. 3 of the Request for Council Action dated January 21, 1997. 722 Page 24 - Council/Agency Minutes - 01121/97 The City Administrator explained why the motion using wording from the Request for Council Action would not accomplish the adoption of the proposal. He presented his recommendation regarding a motion. He recommended that Dan Cassidy, attorney, Liebert, Cassidy, and Frierson, report on how adoption of the resolution with the exception of Section No. 4, with a stipulation on Section No. 4, would affect matters if an agreement on the compensatory time issue could not be resolved relative to possibly causing another impasse procedure on that item. Mr. Cassidy and the City Attorney concurred with the interpretation of the issue by the City Administrator on how removal of Section No. 4 of the proposed resolution would affect the issue. Mayor Pro Tempore Dettloff spoke at length regarding various aspects of the issue. A motion was made by Mayor Pro Tempore Dettloff to adopt Resolution No. 97-6_ The Mayor stated that there was already a motion on the table. Councilmember Green asked Officer Wright and Mr. Cassidy if in two weeks the Council can be assured that the compensatory issue can be resolved. Officer Wright stated that he and the Police Officers' Association Board and members of the negotiating team would do their best. He spoke in support of using every avenue available to reach an amiable resolution. Mr. Cassidy, attorney, Liebert, Cassidy, and Frierson, stated that he did not know a way to resolve the matter based on City Council's instructions. He stated that if the City Council wishes to change the instruction, of course they could meet regarding the issue_ A motion was made by Garofalo, second Green, to adopt Resolution No. 97-6 as amended, to delete Section No. 4 pertaining to the issues of compensation for hours of overtime and with the instruction that the matter be returned in 180 days to Council. The motion failed by the following roll call vote: AYES: Julien, Green, Garofalo NOES: Harman, Dettloff, Bauer, Sullivan ABSENT: None A motion was made by Sullivan, second Harman, to adopt Resolution No. 97-6 - "A Resolution Of The City Council Of The City Of Huntington Beach Adopting The City's Final Position At Impasse Between The City And The Police Offrcers'Association." The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Green NOES: Julien, Garofalo ABSENT. None 723 01/21/97 - City Council/Redevelopment Agency Minutes - Page 25 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 to Monday, January 27, 1997 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City erk and ex-officio Clerk the City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach, California City Clerk/Clerk Mayor/Chairman 724