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HomeMy WebLinkAbout1998-12-21MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 4:30 P.M. — Room B-8 7:00 P.M. — Council Chamber Civic Center, 2000 Main Street Huntington Beach, California Monday, December 21, 1998 An audio tape recording of the 4:30 p.m. portion of this meeting and a videotape recording of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. The December 14, 1998 adjourned City Council/Redevelopment Agency meeting adjourned to this date, Monday, December 21, 1998 at 4:30 p.m. in order to allow adequate time for a study session and Closed Session items. Following the December 14, 1998 meeting, an adjournment notice was posted to inform the public that the regular December 21, 1998 City Council/Agency meetings would commence at 4:30 p.m. rather than 5:00 p.m. CALL TO ORDER Mayor Green called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 4:30 p.m. in Room B-8. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo Absent: Julien PUBLIC COMMENTS ON STUDY SESSION OR CLOSED SESSION AGENDA ITEMS There were no persons present to address Council regarding the study session or closed session items scheduled on the agenda. STUDY SESSION CANCELLED - PRESENTATION BY VENDORS WHO RESPONDED TO CITY'S REQUEST FOR PROPOSALS FOR BUS SHELTER/BENCH SERVICES — (1) ELLER MEDIA COMPANY (2) CULVER ASSOCIATES (3) COAST UNITED ADVERTISING. The study session on the above referenced subject was cancelled. (CITY COUNCIL) MOTION TO RECESS TO CLOSED SESSION — APPROVED (120.80) A motion was made by Bauer, second Dettloff to recess the City Council to closed session to consider the following items. The motion carried by unanimous vote. 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, 193 Page 2 - Council/Agency Minutes — 12/21/98 Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: Marine Safety Officers' Association, Municipal Employees' Association, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association. (120.80) Closed Session — City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is City of Huntington Beach v. State Board of Control; Board of Administration of the Public Employees' Retirement System, Orange County Superior Court Case No. 779952, plus related cross -action in which the City, Mayor and City Council and Ray Silver, City Administrator, are parties; consolidated with Orange County Superior Court Case No. 794230 filed by the Huntington Beach Police Officers' Association in which the City of Huntington Beach, Mayor and City Council and Ray Silver, City Administrator are parties. (120.80) Closed Session — City Council pursuant to Government Code Section 54956.9(b)(3)(B) to confer with its attorney regarding pending litigation. (Facts and circumstances including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs which facts or circumstances shall be publicly stated on the agenda or announced.) Subject: EPA Enforcement Action, Casmalia Hazardous Waste Site. (120.80) RECONVENE Mayor Green reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:00 p.m. CITY ATTORNEY'S REPORT OF ACTION TAKEN IN CLOSED SESSION AS REQUIRED BY LAW (GOVERNMENT CODE 54957.1 (a) (3) (B) Employment of Outside Legal Counsel — PLC Land Company vs City of Huntington Beach City Attorney Hutton reported that at the November 18, 1998 Council meeting, the City Council had requested the City Attorney to employ outside legal counsel to represent the city in the matter of PLC Land Company versus the City of Huntington Beach. She stated this motion had carried by the following vote: AYES: Harman, Sullivan, Green, Bauer NOES: Dettloff, Garofalo ABSENT: Julien City Attorney Hutton stated that it was not legally required that this matter be reported out of closed session. 194 12/21/98 - Council/Agency Minutes - Page 3 CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo Absent: Julien INVOCATION The invocation was given by Bishop Mel Markham, Church of Jesus Christ of Latter Day Saints, Huntington Beach Second Ward, Huntington Beach North Stake. FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were led by Boy Scout Troop # 592, Church of Jesus Christ of Latter Day Saints, Huntington Beach North Stake, Huntington Beach. PRESENTATION — To Mayor Peter Green and Jan Halvorsen, Manager for the Library Patrons Foundation from Rainbow Disposal of a check in the amount of $1,500 for the Oak View Library Branch. Making the presentation was Ron Shenkman representing Rainbow Disposal. (160.40) PRESENTATION - To Councilmember Shirley Dettloff from the Seacliff Public Art Committee. Councilmember Shirley Dettloff had purchased a pelican to support the Seacliff Public Art Committee's efforts to preserve the artwork at the Seacliff Shopping Center. A presentation of the restored pelican was made by Councilmember Harman, Community Services Director Ron Hagan, and community members David and Margaret Carlberg and Greg Bunker. LATE COMMUNICATIONS ANNOUNCED BY THE CITY CLERK Pursuant to the Brown (Open Meetings) Act, City Clerk Brockway announced the following late communications regarding agenda items which had been received following distribution of the agenda: Communication from City Clerk Brockway revising Page 10 of the City Council Agenda for December 21, 1998 regarding the need to add an agenda item to the City Council agenda subsequent to agenda posting as specified in Government Code Section 54954.2(b)(2) regarding the Chevrolet Motor Division Promotional Contract for Free Lifeguard Vehicles Communication from Police Chief Lowenberg to City Administrator Silver dated December 11, 1998 submitting an executive summary titled ABC Enforcement in Local Bars Treasurer's Report — Investment Policy 1998/1999 dated December 21, 1998 Treasurer's Report, dated December 21, 1998 Slide Report titled Parking Study Goal (not dated) from the Community Services Department Main Promenade Parking Structure Business Analysis and Recommendations by Gies/Hennessey dated November, 98 195 Page 4 - Council/Agency Minutes — 12/21/98 Request For Added Park Funds To Complete The Huntington Central Park Environmental Impact Report dated December 21, 1998 received from Community Services Director Hagan. Slide Report — Parking Study Goal not dated Communication from City Attorney Hutton to Ray Silver, City Administrator dated December 21, 1998 titled Award Bus Shelter and/or Bus Bench Contract Slide Report titled CDBG and HOME Annual Action Plans for 199912000 dated December 21, 1998 Slide Report from Fire Chief Dolder dated December 21, 1998 titled Huntington Beach Fire Department Sunset Beach Paramedic Service PUBLIC COMMENTS VIRGINIA SIMS informed Council that she believes she is doing a good job relative to trying to help the firefighters obtain a salary increase as she has heard that it is not wanted that she speak during public comments. SHIRLEY PLATFOOT referred to the item on the agenda regarding provision of paramedic services to the unincorporated area of Sunset Beach. She inquired of Council as to who would come to her aid if her home in Sunset Beach caught fire tonight. MIKE VAN VOORHIS informed Council that he has been asked by the Sunset Beach Community Association to address Council regarding the item on the agenda relative to provision of paramedic services to Sunset Beach. He spoke regarding the need for the Huntington Beach paramedics to serve Sunset Beach. Mr. Van Voorhis informed Council that the Sunset Beach Community Association wished to help the City of Huntington Beach obtain funding from the county to cover the City of Huntington Beach cost. He presented a proposal for joint sharing of paramedic service costs between the city and county and other cities. ANNETTE BERMAN spoke regarding the problems at the Huntington Central Park Equestrian Center relative to drainage. JUDGE CARLA SINGER informed Council she was present again this year to urge community members to apply for service on the Orange County Grand Jury. Judge Singer stated that this is a full-time job for one year. She spoke regarding the rewards of service that cannot be measured. Judge Singer provided forms to the City Clerk for members of the community having an interest to serve. BILL HARRIS, Huntington Central Park Equestrian Center Concessionaire, requested Council approval of the equestrian center fee increases. He cited increased costs including cost for manure removal and labor cost increase. 196 12/21/98 - Council/Agency Minutes - Page 5 JULIE O'CONNOR spoke in support of the agenda item relative to the Huntington Central Park Equestrian Center's request for fee increases. She informed Council that she had not moved her horse after she had moved from the city because of the center's superior quality which she could not find in the San Bernardino County area. STEVE GULLAGE, President of the Huntington Beach Mobile Home Owners Association and State President of the Golden State Mobile Home Owners League, spoke in support of Councilmember Dave Sullivan's item on the agenda relative to the creation of a subcommittee for a proposed Manufactured Home Fair Practices Act. He presented reasons including the ever escalating rent increases for mobilehome residents. He stated that those in Huntington Beach are fighting to save their homes. Mr. Gullage requested that the park owners submit their appointees to Council and that the mobile home owners submit their appointees. He stated that the citizen appointee should be the current citizen at -large member. (CITY COUNCIL) APPROVED AS AMENDED - MAYOR PETER GREEN'S 1999 CITY COUNCIL LIAISON APPOINTMENTS TO EXTERNAL AGENCIES - ADVISORY BODIES - CITIZEN COMMITTEES - STANDING CITY COUNCIL COMMITTEES - AD HOC CITY COUNCIL COMMITTEES (AND RECEIVE LISTS OF CITY COUNCIL APPOINTMENTS MADE BY STATE AND REGIONAL ENTITIES THAT ARE NON -DISCRETIONARY TO THE MAYOR) (120.20) The City Council considered a transmittal from Mayor Peter Green of the Mayor's 1999 City Council/Staff Liaison List dated December 16, 1998 for Council approval. Councilmember Bauer requested that his appointment to the Integrated Waste Management Committee be included on the list. Councilmember Harman requested that the list reflect that he is no longer a member of the Energy Advisory Committee of the Southern California Association of Governments. A motion was made by Garofalo, second Dettloff to approve City Councilmember appointments as listed on the 1999 Council Staff Liaison List dated December 16, 1998 to External Agencies, Advisory Bodies, Citizen Committees, Standing City Council Committees, Ad Hoc City Council Committees and receive the list of City Council appointments which are made by state and regional entities that are non -discretionary; said list as amended to add Councilmember Bauer's appointment to the Integrated Waste Management Committee and the deletion of Councilmember Harman from the Energy Advisory Committee of the Southern California Association of Governments. The amended list is as follows: 1999 COUNCIL/STAFF LIAISON LIST CITIZEN COMMISSIONS, BOARDS, & COMMITTEES STAFF LIAISON ADVISORY BODY (Members Appointed by Council) COUNCIL LIAISONS Michael Mudd I Allied Arts Board I Dettloff, ,Julien 6:00 P.M.. 1 st Tues. HB Art Center I 197 Page 6 - Council/Agency Minutes — 12/21/98 Ross Cronmer Board of Appeals Dettloff, Julien As needed Gus Duran Citizen Participation Advisory Board Dettloff, Garofalo 7:00 P.M., Ist Thurs., Civic Center. Bill Fowler Collaborative Steering Committee Bauer, Dettloff Jim Engle Community Services. Commission Sullivan, Garofalo 7:00 P.M., 2nd Wed., Chambers Amy Wolfe Design Review Board Green, Harman 3:30 P.M., 2nd Thurs. of each month in Room B-7 Peter Vanek Environmental Board Green, Dettloff 6:30 p.m. on the 2nd Thursday in Room B-6 Dan Villella Finance Board Individual 6:45 P.M.,2nd Wed. Room B-7 A ointments Bill Fowler Fourth of July Board Garofalo, Julien M. I st Wed.,Lower Level of City Hall Michael Mudd Historic Resources Board Garofalo, Sullivan 6:30 P.M., 3rd Wed. Rm. B-6 Pat Dapkus Huntington Beach Waterways & Beaches Green, Bauer 7:00 P.M., 3rd Wednesday, Jan., May, & Oct. Huntington Harbour Yacht Club Bob Beardsley Infrastructure Advisory Committee Dettloff, Green 7:00 P.M., 41" Thurs. each month Shari Freidenrich Investment Advisory Board Individual Meets 6:00 P.M the last Wednesday of the first month of each quarter Appointments (January, April, July, October), Room B-6 Ron Hayden Library Board Sullivan, Julien 7:00 P.M., 3rd Tues., Library Dan Bruening Mobile Home Advisory Board . Sullivan, Green 6:30 PM. - 4th Monday of the month Bill Osness Personnel Commission Sullivan, Julien, 7:00 P.M. 3rd Wed. each month. Room B-8 Garofalo Howard Zelefsky Planning Commission Individual 7:00, 2nd & 4th Tues. each month, Council Chambers Appointments Bob Beardsley Public Works Commission Julien, Harman 5:00 P.M. 3rd Wed., Council Chambers Ron Hagan Specific Events Committee Harman, 2:00 pm Scheduled Thurs., Art Center Garo alo Je Renna Water Task Force Bauer, Harman Bob Werth Youth Board Harman, Sullivan 5:30 P.M. 2nd Mon., Room B-7 CITIZEN COMMITTEES (Open Membership) 11 STAFF LIAISON I COMMITTEE NAME 1 11 Herb Fauland Ascon Site Task Force Meets on an as needed basis Green, Bauer Pat Da kus Children's Needs Task Force Dettloff, ullivan Rich Barnard Human Dignity Task Force Bauer, Dettloff Suzie Wajda Neighborhood Watch 7:30 P.M., 2nd Tues., Police Training Room Julien, Bauer Bill Fowler Oakview Task Force 3rd Thurs. of each month, 6:00, Oakview School Dettloff, Julien .K 12/21/98 - Council/Agency Minutes - Page 7 STANDING COUNCIL COMMITTEES STAFF LIAISON COUNCIL COMMITTEE COUNCIL LIAISON Dan Villella Audit Subcommittee Bauer, Sullivan Rich Barnard Cable TV Committee Garofalo, Bauer, 2:30 P.M. - 2nd Monday, 4th Floor Dettloff Melanie Fallon Downtown Issues Subcommittee Garofalo, Julien, 8:30 A.M., 4th Friday of each month, B-8 Lower Level Dettloff David Biggs Economic Development Committee Green, Garofalo, (Mayor, Mayor Pro Tem & Past Mayor) Dettloff 3:00 P.M. 1" & 3'° Wed, 4th Floor (Prescribed) Melanie Fallon Housing Issues Committee Bauer, Dettloff, Mary Beth Broeren Sullivan Rich Barnard Intergovernmental Relations Committee Green, Harman, 1st Friday of each month at 3:00 P.M., 4th floor conference room Bauer Gail Hutton Legal Affairs Committee-CityAttorney's Conf. Rm. Dettloff, Sullivan, 2:00 P.M., Wed. prior to regular Council meetings Bauer Gail Hutton Settlement Committee (Council Ex -Official Members) Mayor and Green, Garofalo Mayor Pro Tem (Prescribed) Mary Beth Broeren Schools/City Quarterly Meeting Third Friday of Month (as needed) 3rd Sullivan, Harman Floor Conference Room AD HOC COUNCIL COMMITTEES STAFF LIAISON I COUNCIL COMMITTEE COUNCIL LIAISON Ron Hagan Beach & Park Improvement District Committee Garofalo, Harman Herb Fauland Beachfront Development Committee (As Needed) Garofalo, Harman Howard Zelefsky Bolsa Chica Committee Dettloff, Green, Harman Dan Villella Council Budget Committee Green, Garofalo. Julien Bob Franz Employee Comparison Study Committee Dettloff, Julien, Sullivan Gail Hutton Gift Ban Ordinance Review Garofalo, Harman Ron Hagan Gun Range Committee Sullivan, Julien, Garofalo Ron Hagan Huntington Central Park Specific Plan and DR Harman, Green Michael Dolder Managed Competition Committee Julien, Garofalo, Sullivan Dan Bruening Mobile Home Rent Control Subcommittee Green, Sullivan Ray Silver PERS Committee Sullivan, Harman, Julien Michael Mudd Seacliff Art Dettloff, Harman, Green Daryl Smith Tree Policy Committee Bauer, Harman, & Dettloff Ron Hagan Youth Sports Facilities Committee Harman, Sullivan, Garo alo 199 Page 8 - Council/Agency Minutes — 12/21/98 EXTERNAL AGENCIES (Appointed by Mayor) CONTACT AGENCY Bill Fowler H.B. Council on Aging Dettloff, Bauer 9:30 A.M. 1st Thurs. Senior Outreach Center Jim Lamb H. B. Conference & Visitors Bureau Green, Garofalo 4:00 P.M., lst Thurs, Bureau Offices Penny Kyle O. C. Sanitation District Green 6:30 P.M., 4th Wed., Sanitation District. Off, Ftn. VI . Vicki Blalock, Sec. O.C. Vector Control Board Bob Egan 3rd Thurs. 3:30 P.M. (FAX) 977 3940 Citizen Rep.968- 2731 Chief Dolder O.C. City Hazmat Emergency Response Authority3rd Wed., 7:30 Chief Dolder quarterly, beginning in July -Anaheim North Net TrainingCtr., (Appoint byjuly 1st of the odd years onl Bob Eichblatt OCTA Measure M Growth Management Area 6 (GMA 6) Harman Meets quarterly Rich Barnard Public Cable Television Authority Garofalo 8:00 a. m., 2nd Wed. each month, iEauer, Aft.) Fountain Valley Community Center, Room A or B Don Martinson Santa Ana River Flood Protection Agency (SARFPA) Green 4:00 P.M., 4th Thurs., Odd Months, Nov., Executive Committee only), ;::riie�t, Alt.i O.C. Wtr. Dis.O c. 834-5142. Bob Eichblatt Santa Ana River Crossings Study (OCTA) Harman �'rlliVan Alt - Ron Hayden Sister City Association Dettloff, Julien 7:00 P.M. 2nd Mon., Library Rich Barnard West Orange County Cities Association 4:30 PM, 3rd Thurs., Green, Garofalo Bi-Monthly(Odd Months) Rotates Among the Cities Jeff Renna West O. C. Water Board Garofalo, Green 4:00 P.M., 3rd Tues., Quarterly - Caucus Room APPOINTMENTS BY STATE & REGIONAL ENTITIES Non -discretionary to the Mayor) 1L_ AGENCY I COUNCIL LIAISON 11 California Coastal Commission Dettloff California League of Cities - State Environmental Quality Policy Committee Green Califonia League of Cities Division Resolutions Committee Green, Vice Chair (Appt. by Division) Orange County Council of Governments (OC COG) Board of Directors Bauer, Vice Chair (At Larqe Appt. by Leaquei Orange County Integrated Waste Management Committee Bauer Orange County Transportation Authority (OCTA) `Technical Advisory Committee" Beardsley (Eichblatt,Alternate) Orange County Marine Institute (Board of Directors) Green (Supervisorial A ot. Local Agency Formation Commission (LAFCO) Harman, Alternate Member (Ap t. by Lean,ue) 200 12/21/98 - Council/Agency Minutes - Page 9 The motion made by Garofalo, second Dettloff to approve the 1999 Council/Staff Liaison List as amended carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Garofalo NOES: Sullivan ABSENT: Julien (CITY COUNCIL) APPROVED CITY COUNCIL DOWNTOWN COMMITTEE RECOMMENDATIONS REGARDING ALCOHOL RELATED ISSUES IN THE DOWNTOWN AREA (420.20) The City Council considered a communication from Councilmember Shirley Dettloff presenting recommendations of the Downtown Committee resulting from its discussions on possible amendments to the Downtown Specific Plan to allow alcohol in outdoor dining areas. Councilmember Dettloff presented background information on the issue including the participation of city staff in solving the problems. Earlier in the meeting, City Clerk Brockway had announced that the following communication on this item had been provided to the City Council: Communication from Police Chief Lowenberg to City Administrator Silver dated December 11, 1998 submitting an executive summary titled ABC Enforcement in Local Bars A motion was made by Dettloff, second Bauer to approve the following recommended action In.order to begin a proactive enforcement of the alcohol related issues, the Committee recommends that the City Council consider the following and direct staff to: (1) Prepare a status report on the alcohol -related violations and citations issued to establishments in the downtown area. And (2) Notify the establishments which serve alcohol that the city is instituting an enforcement and administrative procedure to correct the problems associated with public drunkenness, disorderly conduct, etc. and (3) Institute the necessary and appropriate administrative procedure(s) to correct these violations or institute revocation procedures of conditional use permits. and (4) As part of the possible revocation process, additional conditions of approval such as but not limited to server training shall be added to the conditions of approval. and 201 Page 10 - Council/Agency Minutes—12/21/98 (5) Investigate the assessment of establishments to provide additional police enforcement in the downtown to help control and eliminate public drunkenness, disorderly conduct, etc. and (6) The Police Department, Alcohol Beverage Control, and Code Enforcement will implement the above mentioned measures. Police Chief Lowenberg responded to questions from Mayor Pro Tern Garofalo relative to the Police Chief's summary report which had been announced by the City Clerk earlier in the meeting. Assistant City Administrator Fallon reported at the request of Mayor Pro Tern Garofalo regarding whether to allow alcohol in outdoor dining areas, concern over the bars, and problems with regulations. She reported on the staff report at the request of Councilmember Harman. Assistant City Administrator Fallon stated that the conditional use permit process is the ultimate tool of the city. Councilmember Bauer stated that perhaps the terms of the conditional use permit were not specific enough and suggested certain conditions that could be imposed. The motion made by Dettloff, second Bauer carried by unanimous vote with Councilmember Julien recorded absent. (CITY COUNCIL) APPROVED SELECTION OF DIRECTOR OF ADMINISTRATIVE SERVICES - APPROVED EMPLOYMENT AGREEMENT BETWEEN CITY AND JOHN REEKSTIN (600.10) The City Council considered a communication from City Administrator Silver recommending the appointment of John P. Reekstin to serve as Director of Administrative Services. City Administrator Silver thanked Finance Director Dan Villella for his service as Acting Director of Administrative Services. He also referred to Mr. Villella's past exemplary service as Acting City Treasurer during the recruitment for a City Treasurer. Mr. Reekstin was introduced to the City Councilmembers and audience by City Administrator Silver. A motion was made by Bauer, second Garofalo to approve the recommendation of City Administrator Silver to hire John P. Reekstin as the Director of Administrative Services and approve the Employment Agreement Between The City Of Huntington Beach and John Reekstin and authorize execution of said agreement by the City Administrator and City Clerk. The motion carried by unanimous vote with Councilmember Julien recorded absent. 202 12/21198 - Council/Agency Minutes - Page 11 (CITY COUNCILIREDEVELOPMENT AGENCY) APPROVED AND ADOPTED THE ANNUAL FISCAL YEAR 1998/1999 INVESTMENT POLICY — ADOPTED CITY COUNCIL RESOLUTION NO. 98-98 — ADOPTED REDEVELOPMENT AGENCY RESOLUTION NO.293 296 (310.10) The City' Council/Redevelopment Agency considered a communication from City Treasurer Freidenrich transmitting pursuant to California Government Code an annual statement of investment policy to the legislative body for acceptance. Earlier in the meeting, City Clerk Brockway had announced that the following communication on this item had been provided to the City Council: Treasurer's Report — Investment Policy 1998/1999 dated December 21, 1998 A motion was made by Harman, second Dettloff that the City Council adopt Council Resolution No. 98-98 - "A Resolution of the City Council of the City of Huntington Beach Approving the Annual Fiscal Year 1998/1999 Investment Policy" and that the Redevelopment Agency adopt Agency Resolution No. 293 296- "A Resolution of the Redevelopment Agency of the City of Huntington Beach Approving the Annual Fiscal Year 1998/1999 Investment Policy." The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Garofalo, Sullivan NOES: None ABSENT: Julien (CITY COUNCIL) CITY TREASURER'S OCTOBER, 1998 INVESTMENT SUMMARY REVIEW - REVIEWED AND ACCEPTED (310.20) The City Council considered a communication from City Treasurer Freidenrich transmitting the Monthly Investment Report for October, 1998. Earlier in the meeting, City Clerk Brockway had announced that the following communication on this item had been provided to the City Council: Treasurer's Report dated December 21, 1998 A motion was made by Garofalo, second Dettloff, following review of the report, to accept the Monthly Investment Summary Review for October, 1998 pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried unanimously with Councilmember Julien recorded absent. (CITY COUNCIL) PUBLIC HEARING AMEND CITY FEE RESOLUTION AND APPROVE PARKING METER ZONE ORDINANCE - DAILY BEACH PARKING FEE - MAIN PROMENADE PARKING STRUCTURE FEE AND PARKING METER FEE IN THE BUSINESS, RECREATION AND RESIDENTIAL ZONES — APPROVED INTRODUCTION OF ORDINANCE NO. 3409 —ADOPTED RESOLUTION 98-100 AS AMENDED (340.20) 203 Page 12 - Council/Agency Minutes—12/21/98 Mayor Green announced that this was the meeting set for a public hearing to solicit community input regarding an increase in a portion of Community Services Department fees, specifically the daily beach parking fee, fees for the Main Promenade Parking Structure, and parking meters in the business, recreation and residential zones - a resolution and ordinance amending a portion of the Community Services Department fees. City Clerk Brockway announced that the following communications had been provided to the City Council: Slide Report titled Parking Study Goal (not dated) from the Community Services Department Main Promenade Parking Structure Business Analysis and Recommendations Gies/Hennessey dated November, 1998 Legal notice as provided by the staff to the City Clerk's Office had been published, posted and mailed. Community Services Director Hagan presented a lengthy staff report using the slide report titled Parking Study Goal. Community Services Director Hagan responded to Councilmember Sullivan's questions regarding the consultant's report. Councilmember Harman stated he is concerned that the parking structure fee is low as the city has been subsidizing the structure from the General Fund since construction. He recommended a 50 cent validation fee rather than 25 cents as proposed. Community Services Director Hagan reported on the reasons why staff recommended that the fee remain at 25 cents. Planning Director Zelefsky spoke regarding changes evolving from 1990 to the present relative to square footage in the Downtown Specific Plan as it relates to parking. Mayor Pro Tern Garofalo spoke regarding the issue of a private party being hired to operate the parking structure. He spoke regarding what he believes are the inequities to the fee structure. Mayor Green declared the public hearing open. There being no one present to speak on the matter and there being no objections either oral or written, the hearing was closed by Mayor Green. A motion was made by Bauer, second Dettloff to adopt Resolution No. 98-100 as amended to increase the validation fee from 25 cents to 50 cents - "A Resolution of the City Council of the City of Huntington Beach Amending City Fee Resolution No. 5159 As Amended to Adjust the Daily Beach Parking Fee and the Fees for the Main Promenade Parking Structure."- and direct the City Administrator to return at an early date regarding possible capital improvement projects that could increase revenue in the downtown area and also to monitor whether the effects on mill 12/21/98 - Council/Agency Minutes - Page 13 businesses does or does not increase revenue. Further, after the City Clerk reads by title, approve introduction of Ordinance No. 3409 amending parking meter zone fees - "An Ordinance of the City of Huntington Beach Amending Section 10.60.020 of the Huntington Beach Municipal Code Regarding Parking Meters." Mayor Pro Tern Garofalo stated that he cannot accept raising meter fees from $1.00 to $1.50 per hour. At Mayor Pro Tern Garofalo's request, Community Services Director Hagan responded as to how these fees compare with those of the city of Newport Beach. He stated that the fee increase would allow more parking turnover for businesses and encourage use of the parking structure. Mayor Pro Tern Garofalo stated that he believes that a meeting should be held with the Downtown Business Owners' Association. Following a reading by title by the City Clerk of Ordinance No. 3409, the motion made by Bauer, second Dettloff carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Sullivan NOES: Garofalo ABSENT: Julien Councilmember Bauer spoke regarding the need for directional signing to the parking structure to be more prominent. (CITY COUNCIL/REDEVELOPMENT AGENCY) JOINT PUBLIC HEARING BETWEEN CITY COUNCIL AND REDEVELOPMENT AGENCY OPENED AND CONTINUED TO JANUARY 19, 1999 - PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT FOR SALE OF REAL PROPERTY WITHIN THE TALBERT-BEACH REDEVELOPMENT PROJECT SUB AREA TO SASSOUNIAN CAPITAL VENTURES, INC. (600.30) Mayor Green announced that this was the meeting set for a public hearing to consider the following: A joint public hearing between the City Council and Redevelopment Agency pursuant to the California Community Redevelopment Law (Health and Safety Code Sections 33000, et seq.) for the purpose of considering the approval of a proposed Disposition and Development Agreement" between the Agency and Sassounian Capital Ventures, Inc. ("Developer"). The agreement provides for the sale of approximately 0.68 acre parcel of real property bounded by Talbert Street, Joyful Lane and Happy Drive (the "Site") within the City's Redevelopment Project Area, specifically the Talbert -Beach Redevelopment Project Sub area of the. City of Huntington Beach (the "Project Area") to Developer and the construction thereon by Developer of a single- family residential development. The purpose of the joint public hearing is to consider: 1. The proposed sale of real property by the Agency to Developer. 2. The proposed terms and conditions of such sale of real property. 3. The proposed Disposition and Development Agreement. 4. All evidence and testimony for and against the approval of the Disposition and Development Agreement and the sale of real 205 Page 14 - Council/Agency Minutes — 12/21/98 property and the terms and conditions therefor. The Agency has prepared a Summary Report in connection with the Agreement which describes and specifies: a. The cost to the Agency of the Agreement. b. The estimated value of the interest to be sold, determined (i) at the highest and best uses permitted under the Redevelopment Plan and (ii) at the use and with the conditions, covenants, and development costs required by the sale. c. The purchase price, and an explanation of why the purchase price is less than the fair market value of the interest to be conveyed, determined at the highest and best use consistent with the Redevelopment Plan. d. An explanation of why the sale will assist in the elimination of blight. e. Other pertinent economic analysis. Any and all persons having objections to or wishing to express support of the proposed Disposition and Development Agreement, the proposed sale of real property, or the proposed terms and conditions therefor, or the regularity of any of the prior proceedings, may appear and be heard before the Agency and the City Council on the proposed Disposition and Development Agreement, the proposed sale of real property, and the proposed terms and conditions therefor. Any persons desiring to be heard at the hearing will be afforded an opportunity to be heard. At any time not later than the hour set for hearing, any person objecting to or supporting the proposed Disposition and Development Agreement, the proposed sale of real property, or the terms and conditions therefor may file in writing with the City Clerk a statement of his or her objections thereto or support thereof. Legal notice as provided by the staff to the City Clerk's Office had been published and posted. Mayor Green declared the public hearing open. A motion was made by Sullivan, second Dettloff to continue the public hearing open to the City Council/Redevelopment Agency meeting to be held Tuesday January 19, 1999. The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: Julien, (Garofalo absent from the room) CONSENT CALENDAR — ITEMS REMOVED The following item was requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Huntington Central Park Equestrian Center Fee Increase as Requested by National Equestrian Center, Inc. CONSENT CALENDAR — ITEMS APPROVED On motion by Garofalo, second Bauer, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Garofalo, Sullivan NOES: None ABSENT: Julien 12/21/98 - Council/Agency Minutes - Page 15 Councilmember Harman abstained from consideration of the agenda item regarding street improvements along Scenario Drive as he owns a house on Scenario Drive. (CITY COUNCIL) APPROVED MADDY LOCAL APPOINTIVE LIST ACT (1999 TERM EXPIRATION DATES) (110.50) - Approved the 1999 Maddy Local Appointive List showing vacancies which will occur on city boards and commissions in 1999 and directed the City Clerk to post the list at the official posting locations (Huntington Central Library, Civic Center, Main Street Library). (The Maddy List and notices of vacancies are also available at each library annex to inform the public of opportunities to serve on city boards and commissions.) (CITY COUNCIL) APPROVED CONSTRUCTION CONTRACT FOR THE MARINA HIGH SCHOOL SIDEWALK PROJECT - CC-1094 - APPROVED BID AWARD TO NOBEST, INC. (600.70) - 1. Approved the lowest responsive/responsible bid submitted by Nobest, Incorporated for the Marina High School Sidewalk Project; and 2. Authorized the Mayor and City Clerk to execute an appropriate construction contract in the amount of $57,398; and 3. Authorized the Director of Public Works to expend a total of $65,000 including the contract amount of $57,398, anticipated construction change orders of $5,740, and supplemental expenditures of $1,862. (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-96 AND 98-97 APPROVING PROGRAM SUPPLEMENTS FOR CC-1086 AND CC-1088 - TRAFFIC SIGNALIZATION - BOLSA CHICA STREET/HEIL AVENUE - SPRINGDALE STREET/WARNER AVENUE (600.20) - 1. Adopted Resolution No. 98-86 authorizing the Mayor and City Clerk to execute Program Supplement No. 004-M to Agreement 12-5181, modified 11/29/95, for the intersection of Bolsa Chica Street and Heil Avenue - "A Resolution of the City Council of the City of Huntington Beach Authorizing. the Mayor and City Clerk to Execute Program Supplement No. 004-M to Agreement 12-5181, Modified 11129195, for the Intersection of Bo/sa Chica Street and Heil Avenue," and 2. Adopted Resolution No. 98-97 authorizing the Mayor and City Clerk to execute Program Supplement No. 005-M to Agreement 12-5181, modified 11/29/95, for the intersection of Springdale Street and Warner Avenue - "A Resolution of the City Council of the City of Huntington Beach Authorizing the Mayor and City Clerk to Execute Program Supplement No. 005-M to Agreement 12-5181, Modified 11129195, for the Intersection of Springdale Street and Warner Avenue." (CITY COUNCIL) APPROVED CITY ACCEPTANCE FROM PLC LAND COMPANY OF A SEWER LINE EASEMENT WITHIN TRACT NO. 14355 (THE BLUFFS) - NfW CORNER OF GARFIELD AVENUE AND EDWARDS STREET (650.80) - Accepted Sewer Line Easement within Tract No. 14355 (The Bluffs) from PLC Land Company and authorized the Mayor and City Clerk to execute the Sewer Line Easement from PLC Land Company to the City of Huntington Beach and instructed the City Clerk to record the document with the County Recorder. (CITY COUNCIL) ACCEPTED BIDS FOR REPAIR/REPLACEMENT OF STREET IMPROVEMENTS ALONG SCENARIO DRIVE - MSC-398 - APPROVED CONTRACT WITH KALBAN, INC. (600.90) - 1. Accepted the low bid submitted by Kalban, Inc. and approved and authorized execution of the City Funded Construction Contract Between The City Of Huntington Beach And Kalban, Inc. For The Reconstruction And Improvements Of Various City Streets (MSC-398). Councilmember Harman abstained from the vote on this item. 207 Page 16 - Council/Agency Minutes — 12/21/98 (CITY COUNCIL) APPROVED LEASE AGREEMENT BETWEEN CITY AND MICHAEL - MEHALICK FOR DOWNTOWN LIBRARY ANNEX SPACE (600.10) - Approved and authorized the Mayor and City Clerk to execute a Lease Agreement Between The City Of Huntington Beach And Michael Mehalick For The Premises At 525 Main Street (Library 790- Foot Annex) In The City Of Huntington Beach for a term of one year 10/1/98 - 9/30/99. (CITY COUNCIL) ADOPTED RESOLUTION NO.98-99 - REVISION OF HUNTINGTON BEACH EMPLOYEES' DEFERRED COMPENSATION PLAN (700.55) - Adopted Resolution No. 98-99 "A Resolution of the City Council of the City of Huntington Beach Amending Its Deferred Compensation Plan." (CITY COUNCIL) ACCEPTED PROGRESS REPORT ON THE MOBILE HOME ADVISORY BOARD (430.80) - Received, reviewed and filed the report and accepted the report as complete - Report To The City Council On The Activities And Actions Of The City Of Huntington Beach Mobile Home Advisory Board. (CITY COUNCIL/REDEVELOPMENT AGENCY) APPROVED CONTINUATION OF MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM IN COOPERATION WITH COUNTY OF ORANGE (600.25) - Approved the continuation of the Mortgage Credit Certificate Program in cooperation with the County of Orange as set forth in Resolution No. 97-001 adopted by the City Council on January 6, 1997. (CITY COUNCIL) APPROVED EMPLOYEE CLASSIFICATION AND COMPENSATION STUDY - APPROVED CONSULTANT AGREEMENT - BETWEEN CITY AND JOHNSON AND ASSOCIATES (600.10) - 1. Approved the selection of Johnson and Associates to perform a limited classification and compensation study for a cost not to exceed $50,000 and 2. approved and authorized the Mayor and City Clerk to execute a Professional Services Contract Between The City Of Huntington Beach And Johnson And Associates For Classification And Compensation Study. (CITY COUNCIL) APPROVED HUNTINGTON CENTRAL PARK EQUESTRIAN CENTER FEE INCREASE AS REQUESTED BY NATIONAL EQUESTRIAN CENTER, INC. (600.35) The City Council considered a communication from Community Services Director Hagan recommending approval of a fee increase as requested by National Equestrian Center, Incorporated. Mayor Pro Tern Garofalo encouraged Community Services Director Hagan to look toward the feasibility of enlarging the site of the equestrian center for camping, etc. A motion was made by Garofalo, second Dettloff to approve the following monthly fee to boarders as requested by National Equestrian Centers, Inc.: Box stalls including tack lockers from $360 to $385. Pipe Stalls including tack lockers from $255 to $275. Box stalls with full grooming including tack lockers from $470 to $495. Double pipe corral including tack lockers from $340 to $365. The motion carried by the following roll call vote: W-0 12/21/98 - Council/Agency Minutes - Page 17 AYES: Harman, Green, Dettloff, Bauer, Garofalo, Sullivan NOES: None ABSENT: Julien MOTION TO CONSIDER CHEVROLET MOTOR DIVISION PROMOTIONAL CONTRACT APPROVED. A motion was made by Bauer, second Garofalo that Council make a determination that the need to take action on the issue of the Chevrolet Motor Division Promotional Contract For Free Lifeguard Vehicles 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, Green, Dettloff, Bauer, Garofalo, Sullivan NOES: None ABSENT: Julien (CITY COUNCIL) APPROVED CHEVROLET MOTOR DIVISION PROMOTIONAL CONTRACT FOR FREE LIFEGUARD VEHICLES (600.10) The City Council considered a communication from Community Services Director Hagan recommending approval of a promotional agreement between the city and Chevrolet Motor Division for the provision of free lifeguard vehicles. Community Services Director Hagan reported on the proposed agreement. A motion was made by Garofalo, second Sullivan to approve the promotional agreement Between The City Of Huntington Beach And Chevrolet Motor Division for the provision of free lifeguard vehicles for the city's Marine Safety Service and authorized the Mayor and the City Clerk to execute the agreement. The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Garofalo, Sullivan NOES: None ABSENT: Julien (CITY COUNCIL) APPROVED RECOMMENDED ACTION - REVIEW OF CITY SERVICES TO SUNSET BEACH - AUTHORIZATION TO CONTINUE PARAMEDIC SERVICES TO SUNSET BEACH AND DIRECTION TO DEVELOP AGREEMENT BETWEEN CITY AND ORANGE COUNTY FIRE AUTHORITY (510.40) The City Council considered a communication from Fire Chief Dolder regarding the provision of city services including advanced life support (paramedic) services to the Orange County unincorporated area of Sunset Beach. Prior to consideration of this item an announcement was made by Fire Chief Dolder. Fire Chief Dolder reported that there had been a second alarm fire caused by a Christmas tree electrical shortage., He stated that along with wishing all a Merry Christmas he would like to remind all members of the community that they must be in attendance when their Christmas trees are lit and to watch their trees. 209 Page 18 - Council/Agency Minutes — 12/21/98 Fire Chief Dolder assured the member of the public that spoke earlier in the meeting during public comments that the Huntington Beach paramedics will continue to respond to her home in Sunset Beach should an emergency occur. Fire Chief Dolder reviewed the slide report announced earlier in the meeting by the City Clerk during the announcement of late communications - Sunset Beach Paramedic Services. Considerable discussion was held by Council. A motion was made by Garofalo, second Dettloff to authorize the Fire Chief to develop an agreement with the Orange County Fire Authority for City Council approval that provides recovery of city fire response costs through financial reimbursement and/or like services and continue to provide paramedic services to the Sunset Beach area during a 90-day negotiation period. The motion carried unanimously with Councilmember Julien recorded absent. (CITY COUNCIL) ALTERNATIVE ACTION APPROVED BY COUNCIL REGARDING AWARD OF CONTRACT FOR BUS SHELTER AND/OR BUS BENCH SERVICES TO CULVER ASSOCIATES, LTD. (600.10) The City Council considered a communication from Director of Public Works Beardsley , Deputy City Administrator Barnard, City Treasurer Freidenrich, and Acting Administrative Services Director Villella informing Council that bids have been received for the installation of bus shelters and/or bus benches and recommending an award of bid to Culver Associates, Ltd. City Administrator Silver referred to the communication from the City Attorney's Office announced earlier in the meeting under Late Communications. He recommended that Alternative No. 2 as set forth in the Request for Council Action be approved as modified by the City Attorney's memorandum. Councilmember Harman stated that he had a conflict of interest and would not participate in consideration of this item as the business owned by his wife has advertised on one of the bus benches. Earlier in the meeting, City Clerk Brockway had announced that the following communication on this item had been provided to the City Council: Communication from City Attorney Hutton to Ray Silver, City Administrator dated December 21, 1998 titled Award Bus Shelter and/or Bus Bench Contract Following discussion, a motion was made by Garofalo, second Green to reject all bids and direct staff to reinitiate the bid process and direct the City Administrator to enter into an agreement with the current vendor for bus shelter services to extend services on a month -by - month basis not to exceed nine months; that the bid process conclude in no more than 90 days; that it is imperative that the criteria be presented to the Economic Development Committee and reviewed by the Economic Development Committee. Councilmember Dettloff spoke regarding her concerns with the process. She stated that she did not believe that Council should be involved in this process. 210 12/21/98 - Council/Agency Minutes - Page 19 Councilmember Bauer stated that "like versus like" must be compared and urged the City Administrator to define exactly what the city wants to maximize in revenue. Mayor Pro Tern Garofalo stated that Council had to get involved as the process that was being followed would not have worked. It was determined that the motion would include that the process conclude in no more than 90 days and that it is imperative that the criteria be presented to and reviewed by the Economic Development Committee. The motion made by Garofalo, second Green carried by the following roll call vote: AYES: Green, Bauer, Garofalo NOES: Dettloff, Sullivan ABSENT: Julien ABSTAIN: Harman (CITY COUNCIL) APPROVED UTILIZING FY 98/99 PARK ACQUISITION AND DEVELOPMENT FUND ACCOUNTS FOR $30,059 AND FOR $100,000 FOR ADDITIONAL COSTS FOR THE HUNTINGTON CENTRAL PARK ENVIRONMENTAL IMPACT REPORT (320.20) The City Council considered a communication from Assistant City Administrator Fallon, Planning Director Zelefsky and Community Services Director Hagan regarding the delay in the development of the Environmental Impact Report because of the complexities of the park site that were not predictable until exploratory work began for the project. Community Services Director Hagan presented a detailed staff report. Earlier in the meeting, City Clerk Brockway had announced that the following communication on this item had been provided to the City Council: Request forAdded Park Funds To Complete the Huntington Central Park Environmental Impact Report dated December 21, 1998 received from Ron Hagan, Community Services Director A motion was made by Garofalo, second Dettloff that Council approve utilizing FY 98/99 Park Acquisition and Development Fund Accounts E-SK-CS-340-3-90-00 for $30,059 and E-SK-CS- 716-6-10-00 for $100,000 to pay for the extra costs required for the preparation of the Huntington Central Park Environmental Impact Report and such efforts leading toward completion of the sports complex to be completed by the end of the year 2000. Further discussion was held. The motion made by Garofalo, second Dettloff failed by the following roll call vote: AYES: Harman, Bauer, Garofalo, NOES: Green, Dettloff, Sullivan ABSENT: Julien 211 Page 20 - Council/Agency Minutes — 12/21/98 A motion was made by Sullivan, second Dettloff to approve the following recommended action: Approve utilizing FY 98/99 Park Acquisition and Development Fund Accounts E-SK-CS-340-3- 90-00 for $30,059 and E-SK-CS-716-6-10-00 for $100,000 to pay for the extra costs required for the preparation of the Huntington Central Park Environmental Impact Report. The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Garofalo, Sullivan NOES: None ABSENT: Julien (CITY COUNCIL) APPROVED GENERAL GUIDELINE AND PRIORITIES FOR THE 1999/2000 ACTION PLAN AND CONSOLIDATED PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS (340.70) The City Council considered a communication from Economic Development Director Biggs requesting the City Council set guidelines and priorities for the 1999/2000 Action Plan, the fifth and final year of this consolidated plan. Economic Development Director Biggs presented a staff report referring to his slide report on the subject which had been announced earlier by the City Clerk under Late Communications - CDBG and HOME Annual Action Plans for 199912000. Earlier in the meeting, City Clerk Brockway had announced that the following communication on this item had been provided to the City Council: Slide Report titled CDBG and HOME Annual Action Plans for 199912000 dated December 21, 1998 A motion was made by Dettloff, second Sullivan that Council approve the following recommended actions: 1. Approve City Council general guidelines and priorities as outlined in Attachment No. 1 for the Community Development Block Grant and HOME Programs for the 1999/2000 Action Plan pertaining to the city's consolidated plan. and 2. Request the CPAB to allocate, after evaluation, CDBG funds to continue the same level of service for the city programs listed in Attachment No. 2 and Attachment No. 4 to the Request for Council Action dated 12/21/98. and 3. Direct that a joint study session of the City Council and the Citizens Participation Advisory Board (CPAB) be held before finalizing the CPAB recommendations for 1999/2000 Action Plan. 212 12/21/98 - Council/Agency Minutes - Page 21 The motion carried unanimously with Councilmember Julien recorded absent. (PUBLIC FINANCING AUTHORITY) ANNUAL MEETING OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY Mayor Green recessed the City Council/Redevelopment Agency meetings and convened the annual meeting of the Public Financing Authority. Call To Order: Chairman Green called the meeting to order. Public Financing Authority Roll Call: Present: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: Julien Election of Officers — Huntington Beach Public Financing Authority — Approved A motion was made by Garofalo, second Harman to approve the election of Mayor Peter Green Chairman, Mayor Pro Tern Dave Garofalo Vice -Chairman and City Clerk Connie Brockway, Secretary of the Huntington Beach Public Financing Authority. The motion carried unanimously with Councilmember Julien recorded absent. (Public Financing Authority) Approved And Adopted Minutes Of The Huntington Beach Public Financing Authority A motion was made by Harman, second Sullivan to approve and adopt minutes of the annual meeting of December 15, 1997 and the regular meeting of December 7, 1998 of the Huntington Beach Public Financing Authority as written and on file in the Secretary's Office. The motion carried unanimously, with Councilmember Julien recorded absent. Public Financing Authority — Adjournment Chairman Green adjourned the annual meeting of the Huntington Beach Public Financing Authority. (CITY COUNCIL) MOTION FAILED REGARDING EMPLOYMENT OF OUTSIDE LEGAL COUNSEL TO REPRESENT CITY IN THE PLC, INC. ARBITRATION PROCEEDINGS — (HOLLY-SEACLIFF DEVELOPMENT AGREEMENT - INFRASTRUCTURE IMPROVEMENTS) (120.80) The City Council considered a communication from Councilmember Harman recommending the city employ outside legal counsel to represent the city in the PLC, Inc. arbitration matter. Councilmember Harman presented reasons why he has placed this item on the City Council agenda. He stated that he believes the City Charter allows the City Council to employ outside legal counsel. He read what he believes are the provisions of the City Charter in this regard. 213 Page 22 - Council/Agency Minutes — 12/21/98 Councilmember Harman stated that this is not a personal dispute between himself and the City Attorney, that he and the City Attorney have met regarding this matter and have agreed to disagree. He strongly urged the City Councilmemers to support this motion so that the issue of who has the authority in this regard can be determined. A motion was made by Harman, second Sullivan to direct the City Administrator to immediately employ the services of outside legal counsel to represent the city in the PLC, Inc. arbitration matter. City Attorney Hutton reported at length on the reasons why she believes her position is valid citing reasons including that the Office of City Attorney is an elective office, City Charter provisions, and various court cases. She stated that she had informed Council in her memorandum that her office would be relying on outside legal counsel for support, advice, and how we proceed in this litigation and also as a possible expert witness. In response to Mayor Pro Tern Garofalo's presentation of alternatives, City Attorney Hutton clarified the options. The motion made by Harman, second Sullivan failed by the following roll call vote: AYES: Bauer, Harman, Sullivan NOES: Garofalo, Green, Dettloff ABSENT: Julien (CITY COUNCIL) APPROVED CREATION OF SUBCOMMITTEE PROPOSED MANUFACTURED HOME FAIR PRACTICES ACT (120.25) The City Council considered a communication from Mayor Green and Councilmember Sullivan, City Council liaison members to the Mobile Home Advisory Committee, transmitting information including a summary on options relating to the possible consideration by Council of a Manufactured Home Fair Practices Act. Mayor Green informed Council of the reasons why he had placed this item on the agenda. A motion was made by Green, second Sullivan that Council create a subcommittee consisting of two City Council liaisons and three members from the Mobile Home Advisory Board (one representing the park,owners, one representing the park residents, and one citizen -at -large) with the Mobile Home Advisory Board representatives to be selected by the Council liaisons and assign to this subcommittee the responsibility for developing a work program which identifies the criteria needed for the city to consider adopting a Mobile Home Rent Control Ordinance. And further that Mayor Green and Councilmember Sullivan be selected as the two City Council liaisons members of the sub -committee. Mayor Green stated that the representative of the Mobile Park Owners would be Greg Hauser, the member representing the park residents would be Sandra Cole, and the member representing the citizen -at -large would be Mark Porter. 214 12121/98 - Council/Agency Minutes - Page 23 The motion made by Green, second Sullivan carried unanimously with Councilmember Julien recorded absent. (CITY COUNCIL) MOTION FAILED RELATIVE TO THE REQUEST FOR CITY ATTORNEY TO DRAFT ORDINANCE REGARDING DISCLOSURES FROM CITY COUNCIL CLOSED SESSIONS (120.10) The City Council considered a communication from Mayor Green regarding the need for an ordinance relative to disclosures from City Council closed sessions. Mayor Green presented reasons why he had placed this item on the City Council agenda. A motion was made by Green, second Dettloff that Council direct the City Attorney to draft an ordinance similar to that adopted by the City of Santa Ana in opposition to disclosure of information discussed in City Council closed sessions. Discussion was held regarding the matter. Councilmember Bauer stated that he believed that the good will and integrity of the Council must be relied upon. Councilmember Harman stated that if an illegal action should occur in closed session, the participants should be able to report on it. The motion made by Green, second Dettloff failed by the following roll call vote: AYES: Green, Dettloff, Sullivan NOES: Harman, Bauer, Garofalo, ABSENT: Julien ADJOURNMENT — CITY COUNCIL/REDEVELOPMENT AGENCY Mayor Green adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 10:35 p.m. to the regular meetings to be held on Monday, January 4, 1999 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach California. City Cle an ex-officio Clerk oft City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: 4�oft'm� City Clerk/Clerk - yor/Chairman 215