HomeMy WebLinkAbout1997-01-27MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH
5:00 P.M. - Room B-8
Huntington Beach, California
Monday, January 27, 1997
An audio tape recording of this meeting is
on file in the Office of the City Clerk
Call To Order
Mayor Bauer called the adjourned 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, Green, (Julien arrived at 5:10 p.m.)
Absent: Garofalo
The Mayor informed Council of a new closed session procedure recommended by the City
Attorney as set forth in the communication from the City Attorney dated January 24, 1997 titled
New Closed Session Procedure. The Mayor clarified what he believed to be the procedure to
be used prior to Council recessing into closed session for this and future meetings.
Mayor Pro Tempore Dettloff informed Council that she always looks to the City Attorney for
legal expertise as to whether Council should recess into closed session on certain items. The
City Attorney stated that she will continue to advise Council regarding whether recessing to
closed session on an item is legal. She stated that the City Council's motion is to determine if
they wish to recess to the closed session. The City Attorney referred to the form which has
been provided to Council for each closed session.
The City Administrator reported on the matter and stated that staff relies on the City Attorney's
Office for legal advice relative to the holding of closed sessions.
Councilman Harman questioned if the public has a right to address Council at a meeting such
as this adjourned Council meeting. The City Attorney informed Council that pursuant to the
City Charter and Brown Act, Public Comments is not required.
The City Attorney responded to Councilmember Harman's question regarding reporting out of
actions taken in closed sessions.
Councilmember Sullivan stated his understanding that at an adjourned meeting, the public has
a right to comment on an item that has been carried over from the regular meeting on which
there is new information provided. The City Attorney responded that all past Councils have
allowed this practice to occur.
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Councilmember Sullivan asked the City Attorney if the City Council takes no action during a
closed session on an item, is it necessary for the Council to state that no action has been
taken. The City Attorney stated that this is a more complex question that she would report on
at a future date.
In response to Councilmember Julien, the City Attorney clarified the reasons for her request
that Council vote on a motion to recess to closed session. She stated that all closed sessions
would be recommended to Council as the advice of the City Attorney.
(City Council) Motion To Recess To Closed Session - Approved - McDonnell Douglas
Corporation (120.80)
A motion was made by Sullivan, second Dettloff, to recess the City Council to closed session
pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending
litigation which has been initiated formally and to which the city is a party. The title of the
litigation is City v. McDonnell Douglas Corporation - U. S. District Court Case No. SACV 94 29
LHM (RWRx) or Subject: City v. McDonnell Douglas Corporation. The motion carried by
unanimous vote with Councilmember Garofalo absent.
(City Council) Motion To Recess To Closed Session - Approved - H.B.P.O.A. Lease Of
Gun Range (120.80)
A motion was made by Harman, second Dettloff, to recess the City Council to closed session
pursuant to Government Code Section 54956.9(c). (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 - One (1). Subject: H.B.P.O.A.
Lease of Gun Range. The motion carried by unanimous vote with Councilmember Garofalo
absent.
Reconvene
The Mayor reconvened the adjourned regular meetings of the City Council and
Redevelopment Agency at 7:00 p.m. in Room B-8.
Adjournment - City Council/Redevelopment Agency
The Mayor adjourned the adjourned regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to Friday, January 31, 1997 at
12:00 noon at the Central Library, Lower Level, 7111 Talbert Avenue, Huntington Beach,
California.
ATTEST:
lov
City Clerk/Clerk
ssc®-
City erk and ex-officio Clerk 6the City
Council of the City of Huntington Beach,
and Clerk of the Redevelopment Agency of the
City of Huntington Beach, California
Mayor/Chairman
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