HomeMy WebLinkAbout2012-07-23Special Meeting Minutes.
City Council/Public Financing Authority
City of Huntington Beach
Monday, July 23, 2012
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 6:00 PM portion of this meeting
is on file in the Office of the City Clerk and archived at
www.surfcity-hb.or-q/government/agendas/
CALL TO ORDER - 6:04 PM
ROLL CALL
Present: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
Absent: None
PLEDGE OF ALLEGIANCE - Led by Mayor Hansen
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda
Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced receipt of
supplemental communications received by her office following distribution of the Council agenda
packet:
Communication for Administrative Item No. 1 submitted by Linda Masterton, dated July 22,
2012, entitled Fireworks Initiative.
Communication for Councilmember Item No. 2 submitted by Scott Field, Assistant City Attorney,
undated and entitled Comments Regarding "Outsourcing" of City Attorney Office.
PUBLIC COMMENTS PERTAINING TO SPECIAL MEETING CLOSED SESSION ITEM(S) (3
Minute Time Limit)
Margie Mooers read a statement from the Vice President of the Edison High School Booster
Club that supports Administrative Item No. 1 - Proposed Ballot Measure for Charter Amendment
Relative to Fireworks. (00:02:11)
Steve Christy, Huntington Beach Lions Club, and Dave Quatmon, Therapeutic Riding
Center, spoke in support of Administrative Item No. 1 - Proposed Ballot Measure for Charter
Amendment Relative to Fireworks. (00:04:57)
Jeff Brandenburg, Phantom Fireworks, spoke in support of Administrative Item No. 1 - Proposed
Ballot Measure for Charter Amendment Relative to Fireworks. (00:06:39)
Scott Field, Assistant City Attorney, spoke in opposition to Councilmember Item No. 2 - Direct
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July 23, 2012
Page 2 of 4
Staff to Issue Request for Qualifications for Legal Services. (00:08:20)
Mayor Pro Tem Dwyer and Mr. Field discussed a recent news article that published costs for
outsourced legal assistance in the City of Costa Mesa.
Major Bob spoke in opposition to Councilmember Item No. 2 - Direct Staff to Issue Request for
Qualifications for Legal Services. (00:13:18)
Norm Westwell spoke in support of Administrative Item No. 1 - Proposed Ballot Measure for
Charter Amendment Relative to Fireworks. (00:15:30)
ADMINISTRATIVE ITEMS
1. FAILED: Proposed Ballot Measure for Charter Amendment Relative to Fireworks (Resolution
Nos. 2012-51, 2012-52, 2012-53).
Deputy City Attorney Mike Vigliotta responded to comments/questions from Council:
• Mayor Hansen and Councilmember Carchio discussed delineating geographic areas
where fireworks are prohibited.
• Councilmember Bohr opposed the Charter amendment, speaking in favor of using safe
and sane fireworks on July 4 but sharing concerns about illegal firework use before and
after the holiday. He expressed support for continuing with the two-year trial period to
consider all applicable information/experiences in order to successfully measure failure
or success.
• Councilmember Harper discussed term limits and his concerns about future Council not
allowing the continuance of fireworks activity.
• Councilmember Boardman clarified Councilmember Bohr's suggested compromise to
continue with the two-year trial period.
• Mayor Pro Tem Dwyer supported the proposed initiative, but had some concerns about
legislating from the ballot. He also expressed doubt about certain claims included in the
written summary of events published by the Police Department.
• Councilmember Shaw questioned Mayor Pro Tem Dwyer's mistrust of the Police Report
on July 4 activities, and voiced support to continue the two-year trial period.
• Councilmember Harper shared his uncertainty about stated presumptions that
the holiday was quiet because it landed on a Wednesday.
• Councilmember Bohr provided statistics on the number of times the holiday was
celebrated over a 3-day weekend.
• Councilmember Harper discussed the challenges in California law related to student
fees and the inability to impose those fees on parents.
• Councilmember Carchio reiterated his support for a two-year pilot program for safe and
sane fireworks, but shared concerns that a new Council may oppose the pilot program
and lobby against fireworks.
• Councilmember Boardman agreed to support the two-year trial program.
• Mayor Hansen opined it was overwhelmingly clear that the highest percentage of
citizens support safe and sane fireworks, and shared his mistrust that a new Council
would not try to prohibit the use of fireworks.
• Mayor Pro Dwyer questioned the proposed ballot measure language.
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July 23, 2012
Page 3 of 4
A motion was made by Hansen, second Harper to adopt Resolution No. 2012-51, "A Resolution
of the City Council of the City of Huntington Beach Ordering Submission to the Qualified
Electors of the City a City Measure to Amend the Charter of the City of Huntington Beach
Related to Fireworks;" and, adopt Resolution No. 2012-52, "A Resolution of the City Council of
the City of Huntington Beach Setting Priorities for Filing Written Arguments Regarding a City
Measure to Amend the Charter of the City of Huntington Beach Related to Fireworks, and
Directing the City Attorney to Prepare an Impartial Analysis of Said Measure;" and, adopt
Resolution No. 2012-53, "A Resolution of the City Council of the City of Huntington Beach
Requesting the Board of Supervisors of the County of Orange to Consolidate a General
Municipal Election to be Held on Tuesday, November 6, 2012, with the Statewide General
Election to be Held on the Date Pursuant to Section 10403 of the Elections Code." The motion
failed by the following roll call vote:
AYES: Harper, Dwyer, and Hansen
NOES: Shaw, Carchio, Bohr, and Boardman
COUNCILMEMBER ITEMS
2. Discussed held on Mayor Hansen's recommendation to direct staff to issue a Request for
Qualifications (RFQ) for Legal Services
A motion was made by Hansen, second Bohr to direct staff to issue a Request for Qualifications
for municipal attorney services in time for the 2012-2013 fiscal year.
Mayor Pro Tern Dwyer and Assistant City Attorney Scott Field discussed Costa Mesa's
recorded legal fees absorbed from outside Counsel for two separate lawsuits (Jones and
Mayer) that established a base fee per capita.
Councilmember Boardman voiced concerns about the consequences of taking action on this
issue. She and Human Resources Director Michele Warren discussed Council's authority in
personnel decisions, and the City's responsibility to meet and confer regarding the impacts of a
displacement. Director Warren also explained layoff rights, citing an example of an
Administrative Assistant having the right to bump a less -senior employee in the same
class/series.
Councilmember Boardman and City Attorney McGrath discussed how outside Counsel will be
sought to handle the legalities of the matter due to conflict of interest. Discussion ensued about
information published in a departmental audit of the City Attorney's Department that
addressed performance evaluations, benchmarking with comparable agencies, and ways to
make the office more efficient. Councilmember Boardman discussed the City of Newport Beach
$20 per capita figure, and how caution should be exercised based on recent reports about
Costa Mesa's decision to outsource its legal department.
Mayor Hansen explained that he sought legal counsel before bringing this item to Council for a
decision. He also reminded Council that an RFQ delivers information and not a final decision.
Councilmember Harper discussed similar actions/processes taking place with other agencies
such as school districts.
Councilmember Bohr concurred with Mayor Hansen's statement about delivery of information
Council/PFA Special Minutes
July 23, 2012
Page 4 of 4
through an RFQ, and encouraged staff to consider ways to become more efficient
Mayor Pro Tem Dwyer voiced concerns about using Costa Mesa as an example, and also
stated his feelings that the City Attorney recommended budget cuts involving only items not
within her control.
Councilmember Shaw voiced concerns about Council paying too much attention to one
department when it was previously agreed to audit other departments. He also reminded
Council of the Charter Review Committee's decision not to change the Charter in relation to the
elected City Attorney, and how the last departmental audit delivered a good report. He
concluded his comments by discussing how the City Attorney department budget represents
less than 1 % of the City budget, and was cautious to spend money on a study when other City
services are scheduled to be cut.
Mayor Pro Tem Dwyer voiced concerns about performance evaluations not being done in many
years.
Councilmember Carchio discussed Council's commitment to consider every possible reduction,
and voiced support for moving forward with an RFQ.
The motion carried by the following roll call vote:
AYES: Harper, Dwyer, Hansen, Carchio, and Bohr
NOES: Shaw, and Boardman
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Bohr recognized former Mayor Dave Sullivan being honored by Huntington
Beach Tomorrow; Mayor Pro Tem Dwyer stated he and Councilmember Boardman would be
participating in a panel discussion with the Surfrider Foundation on banning the use of plastic
bags; Councilmember Carchio spoke of bringing forth an item to discuss issues with sober living
homes in Huntington Beach; and, Councilmember Boardman disagreed with Mayor Hansen's
characterization of Councilmember Shaw's comments relating to fireworks and politics.
ADJOURNMENT - At 7:30 PM to the next regularly scheduled meeting of Monday, August 6,
2012, at 4:00 PM in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
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Cit Jerk and ex-officio C14LI of the
City Council, Secretary of the Huntington
Beach Public Finance Authority of the City of
Huntington Beach, California
ATTEST:
City Clerk, PFA Secr4Ary Mayor -Chair