HomeMy WebLinkAboutDave Garofalo Letter of Resignation from City Council Effect CITY OF HUNTINGTON BEACH Q c
City Council Interoffice Communication
To: Honorable Mayor and City Council Members
From: Ralph Bauer, Mayor Pro Tern
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Date: January 11, 2002 U„ C-,
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Subject: "C"ITEM FOR JANUARY 21, 2002 CITY COUNCIL MEETING -
QUESTIONS FOR CITY COUNCIL ASPIRANTS
STATEMENT OF ISSUE:
Input was received from all Council Members about questions for Council aspirants. As
you might expect, there were more questions than would be reasonable to ask in a 15-
minute interview. To remedy this, the recommended questions were made somewhat
more generic. Some possible alternative questions were added in a second group.
Even though they may not be asked during the interview, the candidates for Council will
undoubtedly recognize that Group 2 questions relate to issues that are important to the
Council and the city.
GROUP 1 — GENERAL QUESTIONS:
1. What are your qualifications to serve the city of Huntington Beach?
What has been your involvement in city affairs?
2. What do you believe are the top issues for the city over the next five years and
how would you address them?
3. How would you enhance city income to pay for needed services and capital
improvements?
4. What is your vision for Huntington Beach?
GROUP 2 — SPECIFIC QUESTIONS:
1. How would you address the city's infrastructure needs?
2. How would you deal with youth sports needs?
3. How would you deal with senior citizen needs?
4. What are your views on the 301 H waiver under which the Orange County
Sanitation District is operating?
"C"Item—Questions for City ii Aspirants
Page 2
January 11,2002
5. What do you think should happen on the Bolsa Chica Mesa?
6. How can the city recruit and retain a highly qualified staff?
RECOMMENDED ACTION:
Approve Group 1 — General Questions with additional questions from Group 2 —
Specific Questions as recommended by the Council
RB:cf
xc: Ray Silver
Connie Brockway
Bill Workman
FROM ADLER 8 STAUFFER FAX NO. : 714 596 3603 Jan. 22 2002 11:41AM P1
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® City of Huntington Beach
6f� � 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE MAYOR
Debbie Cook
January 8, 2002
Dear Resident,
Your seven-member City Council serves as the legislative body for the City of
Huntington Beach. A position on the Council is presently available to be filled by
appointment due to the resignation of Council Member Dave Garofalo. The
individual selected by the City Council for this appointment will complete the
former Council Member's remaining term of office. An application and timetable
for the appointment are attached to this letter. According to the Huntington
Beach Municipal Code, "No person shall be appointed to fill a vacancy in an
elective office in the City unless that person is at the time of-assuming such office
a resident and registered voter of the City."
The Huntington Beach City Clerk will accept applications and supporting
materials until 4.00 p.m., Friday, January 25, 2002. Applicants will be invited to a
15-minute interview either January 28 or January 29, 2002. The City Council
anticipates making an appointment on February 1, 2002.
Thank you for your interest in serving the community. All questions regarding
this City Council position should be referred to City Clerk Connie Brockway at
536-5227.
Sincerely,
Debbie Cook
Mayor
TELEPHONE (714) 536-5553
Anjo,Japan FAX(714)536-5233 ��ait»l.ere, Ne" Zealand
J. CITY OF HUNTING TON BEACH
2000 MAIN STREET Office of Public information CALIFORNIA 92648
(714)53"511
January 8, 2002 Media contact: Connie Brockway,
FOR IMMEDIATE RELEASE City Clerk
# 02-02 (714) 536-5227
Huntington Beach City Council Z
Seek Candidates to fill Vacant City Council Seat
Huntington Beach, CA—At their January 7, 2002 meeting, the City Council decided to
call for applications from prospective candidates who would be interested in being
appointed by the City Council to fill the vacant City Council seat. The City Council also
approved the process that will be followed to find and select this person.
Local residents interested in applying for the City Council seat can obtain an application
packet beginning January 8, 2002, at 10:00 a.m. in the City Clerk's Office, located on the
second floor of the Huntington Beach Civic Center, 2000 Main Street. Applications can
also be obtained by visiting the City's web page, ci.huntington-beach.ca.us or calling
714-374-4800, message 689 to have the application form and packet faxed.
Completed application forms with any supporting information are due to the City Clerk,
no later than 4:00 p.m. on or before January 25, 2002. Applications can either be hand
delivered to the City Clerks Office, mailed to the City Clerk at 2000 Main Street,
Huntington Beach, CA 92648, Attn: City Clerk City Council Vacancy. Also,
applications can be faxed to the City Clerk at 714-374-1557.
The City Council will conduct interviews with candidates on January 28, 2002, beginning
at 2:00 p.m. in meeting room B-8 located in the lower level of the Huntington Beach
Civic Center. Each candidate will be given 15 minutes to answer a list of pre-approved
questions prepared by the City Council. If necessary interviews with candidates would
be carried over to January 29, 2002, beginning at 5:00 p.m. if the City Council were
unable to complete all interviews on January 28, 2002.
On February 1, 2002, at 1:00 p.m., the City Council will meet in the Huntington Beach
City Council Chambers to make the selection to fill the vacant City Council seat. The
City Council meeting will be televised on Channel 3, HBTV-3
Questions pertaining to the applications process are to be directed to the Huntington
Beach City Clerk, Connie Brockway, at 714-536-5227.
-30-
APPLICATJW FOR APPOINTMENT TO C "Y COUNCIL
(Please type or print clearly)
NAME DATE
Last First Middle Initial
LENGTH OF RESIDENCY OCCUPATION
REGISTERED VOTER(CHECK ONE) YES NO
HOME ADDRESS: BUSINESS ADDRESS:
PHONE PHONE
E-MAIL E-MAIL
EDUCATIONAL BACKGROUND
PROFESSIONAL LICENSES AND/OR ASSOCIATIONS
PROFESSIONAL EXPERIENCE
1
J �
SPECIAL KNOWLEDGE OR SKILLS
CIVIC AND/OR SERVICE MEMBERSHIPS
CIVIC INTERESTS
HOW WILL YOUR QUALIFICATIONS BEST SERVE THE NEEDS OF THE COMMUNITY?
WHY DO YOU WISH TO SERVE ON THE CITY COUNCIL?
PLEASE FEEL FREE TO ATTACH OTHER INFORMATION TO THIS APPLICATION THAT IS PERTINENT TO THE
CITY COUNCIL's CONSIDERATION OF YOUR QUALIFICATIONS FOR THIS APPOINTMENT. It is the policy of the
City Council to make appointments based on the interests and qualifications of each applicant. Selection will be
made without discrimination based on the race, creed, gender, or sexual orientation of the applicant.
General questions regarding the process should be directed to Connie Brockway, City Clerk, 536-5227.
This application must be received by the City Clerk by 4:00 p.m., January 25, 2002. The City
Clerk's Office is located on the 2"d Floor of City Hall, 2000 Main Street (at Yorktown).
2
CITY OF HUNTINGTON UEA%,H
MEETING DATE: January 7, 2002 DEPARTMENT ID NUMBER: CK 2002-3
Council/Agency Meeting Held: 01-
Deferred/Continued to:
Approved ❑ Conditionally A proved ❑ Denied C *derk's Si nature
i
Council Meeting Date: January 7, 2002 Department ID Number: CK 2002-3
CITY OF HUNTINGTON BEACH,
REQUEST FOR ACTION -
a
SUBMITTED TO: HONORABLE MAYOR AND COUNCILMEMBERS - _}
SUBMITTED BY: Connie Brockway, City Clerk G3
PREPARED BY: Connie Brockway, City Clerk Cy3
SUBJECT: (1) Receive and File Letter of Resignation from Councilan*m 'be r
Dave Garofalo and (2) Determine a Procedure for Council to Fill
the Council Vacancy
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The Huntington Beach City Charter provides that a ,vacancy on the
City Council shall be filled by appointment by the City Council:
Section 312. VACANCIES, FORFEITURES AND REPLACEMENT.
(a) Vacancies. A vacancy in the City Council or in any other office designated as elective by
this Charter, from whatever cause arising, shall be filled by appointment by the City
Council.
(c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days
after such office shall become vacant, the City Council shall forthwith cause an election to
be held to fill such vacancy for the remainder of the unexpired term.
On December 21, 2001 Councilmember Garofalo submitted a letter to the City Clerk
submitting his resignation effective on December 26, 2001. The vacancy on the City Council
must be filled no later than Sunday February 24, 2002.
G:\RCA'S\2002rca\ck2002-3.DOT -2- 01/04/02 2:42 PM
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REQUEST FOR ACTION
MEETING DATE: January 7, 2002 DEPARTMENT ID NUMBER: CK 2002-3
Recommended Action: Motion to:
(1) Receive and file the Letter of Resignation from the City Council submitted to the City
Clerk by Councilmember Dave Garofalo;
and
(2) Determine a procedure for the City Council to follow to fill the vacancy on the City Council
created by Councilmember Garofalo's resignation. (Pet. -PAfiNk NON lolk 1'41rl- ' 10
Alternative Action(s): Conduct a Special Election to fill vacancy, at a cost of approximately
$175,000.
Funding Source: NA
Analysis:
Chronology of Council Actions Relative to the Past Vacancy on the City Council Created By
the Resignation of Councilmember Jim Silva on January 1995 to Assume the Office of County
Supervisor—Application and Interview Process Approved
DECEMBER 5, 1994 - COUNCIL MEETING - City Administrator Uberuaga presented
options to fill anticipated vacancy Option No. 1 - Accept nominations from
Councilmembers with an application process, and select a replacement from among those
nominees; and Option No. 2 - Accept applications for the vacancy and follow the process
used to fill the last vacancy which occurred in 1992.
December 5, 1994 Council Meeting several motions were made. The attached
Council minutes reflect these approved motions: The approved motions covered filling the
vacancy by appointment and related proposed procedure.
DECEMBER 19, 1994 - COUNCIL MEETING -Application Process Approved - (This was
the last Council meeting attended by Councilmember Silva).
(1) Application procedures approved -The City Council, by motion, approved an
application process to fill Council vacancy.
(2) Criteria for selection -The City Council by motion directs that as of December 20,
1994, the applications for the vacancy will be available along with Council criteria for
selection --- and that the process will terminate January 9, 1995.
(3) Interviews are scheduled for January 17, 1995.
(4) Council Committee appointed - Mayor Vic Leipzig, Councilmember Peter Green and
Councilmember Ralph Bauer were appointed to formulate the interview questions.
G:\RCA'S\2002rca\&2002-3.DOT -3- 01/04/02 2:42 PM
REQUEST FOR ACTION
MEETING DATE: January 7, 2002 DEPARTMENT ID NUMBER: CK 2002-3
JANUARY 3, 1995 — COUNCIL MEETING - Council committee reported on selection
process -- Candidate Interviews scheduled for Friday, January 20 and Saturday January 21
- Selection to be made by January 23, 1995.
(1) Motion approved to accept Councilmember Silva's resignation letter effective noon,
January 2, 1995.
(2) Motions adopted relating to interview questions to be asked of applicants.
(3) Motion adopted to extend application period to Friday, January 13, 1995 at 1 p.m. and to
submit to City Clerk by Tuesday, January 17, 1995.
JANUARY 17, 1995 COUNCIL MEETING - Approved Procedure to Fill Council Vacancy at a
future council meeting.
(1) Conduct of Interviews - Motion approved to conduct all interviews at an adjourned
Council Meeting on Friday, January 20, 1995.
(2) Motion approved to direct City Clerk to read list of candidates selected to be interviewed
(11 candidates)
City Clerk authorized to schedule interviews.
JANUARY 20, 1995 -ADJOURNED COUNCIL MEETING - 12 noon - To conduct interviews
of the eleven (11) candidates.
JANUARY 23, 1995 -ADJOURNED COUNCIL MEETING - 6:30 p.m. - Eleven (11)
candidates selected to be considered for appointment. On the 9th Ballot Candidate Tom
Harman was selected to fill the vacancy created by the resignation of Councilmember Silva.
Attachrnent(s):
umberCity 01.0rWs
.
(1) Letter of Resignation from Councilmember Garofalo
(2) Section 312 of the Huntington Beach City Charter
(3) City Council Minutes — reflecting the procedure implemented by
Council to fill the vacancy caused by Council Jim Silva's vacancy.
Council meeting minutes of 12/5/94, 12/19/94, 1/3/95, 1/17/95,
1/20/95, 1/23/95
RCA Author: Brockway, ext 5404
G:\RCA'S\2002rca\ck2002-3.DOT 4- 01/04/02 2:42 PM
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(11) January 7, 2002 -Councils...jency Agenda - Page 11 I
F-2. (City Council) Receive and File Councilmember Dave Garofalo's Letter of �
Resignation from the City Council - Determine Procedure to Fill Vacancy Pursuant .
to Huntington Beach City Charter Section 312 ( . )
Communication from the City Clerk transmitting that the Huntington Beach City Charter
provides that a vacancy on the City Council shall be filled by appointment by the City Council.
Section 312 of the City Charter sets forth the following:
Section 312. VACANCIES, FORFEITURES AND REPLACEMENT.
(a) Vacancies. A vacancy in the City Council or in any other office designated as elective by
this Charter, from whatever cause arising, shall be filled by appointment by the City
Council.
(c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days
after such office shall become vacant, the City Council shall forthwith cause an election to
be held to fill such vacancy for the remainder of the unexpired term.
On December 21, 2001 Councilmember Garofalo submitted a letter to the City Clerk
submitting his resignation effective on December 26, 2001.
The vacancy on the City Council must be filled no later than Sunday February 24, 2002.
Also transmitted is a report from the City Clerk outlining the procedure that was implemented
by Council at the time of the last vacancy on the City Council (1995).
Recommended Action: Motion to:
1. Receive and File Letter of Resignation from Councilmember Dave Garofalo;
Approved 5-0-1 (Houchen absent)
and
2. Determine a Procedure for Council to Fill the Council Vacancy
(1) Applications available at City Clerk's Office at 10:00 a.m.,
January 8, 2002.
(2) Mayor Pro Tem Bauer appointed to receive from each City
Councilmember a list of questions for applicants by
January 22, 2002.
(3) Applications due on Friday, January 25, 2002 at 4.00 p.m. at
City Clerk's Office.
(4) Interviews scheduled beginning January 28, 2002 at 2,00 p.m.
at Adjourned Council Meeting ®a Interviews to be continued if
necessary to January 29, 2002 at 5:00 p.m.
(5) Selection and Appointment to Council vacancy to be made
Friday, February 1, 2002 at 1:00 p.m. at Adjourned Council
Meeting.
A TTA CHMENT 1
® City of Huntington Bezch
2000 MAIN STREET CALI FORNIA 92648
Dave Garofalo
City Council Member
December 21, 2001
Connie Brockway
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Dear Ms. Brockway:
Since my election in 1994, we have been very fortunate to almost double our sales tax revenue,
substantially increase property tax income without a property tax increase, add over one million
square feet of high-tech industrial facilities to our city inventory, and increase the number and
quality of local employment by over 10,000 new positions.
We now enjoy tens of millions of dollars in new found outside agency grants, have Pier Plaza, a
new Pier, quality restaurants, completed our Fire Station Master Plan, added almost 10 million
gallons of water reservoir capacity, identified our billion dollar infrastructure issues and planned
for their logical repair. Tower Zero, South Beach, Tree Master Plan, and installation of Solar
Power all completed in the midst of an energy crisis.
All the labor organizations finally had contracts at the same time; we've adopted and executed
the two-year budget process, dedicated the Sports Complex, followed the money to the final
adoption of the restoration plan for Bolsa Chica, and planted an urban forest. Yes, we've even
been one of the safest cities in America with one of the lowest ratio of police officers per capita,
won acclaim as a city recognized for our treatment of women and their issues, led the way to
clean up our ocean, developed corporate (public/private) relationships still being copied around
the United States, adopted a resolution on Human Dignity later adopted by the League of
California Cities. Wow!
I've been pleased to have been a big part of some of that and at least some part of all the above.
It's time for me to spend more time on some personal issues and get on with my personal life and
resolve lingering matters. I can best do this as a private citizen.
It has been a privilege, beyond definition, to serve the great city of Huntington Beach as its Mayor
and Council Member. With this letter, effective December 26, 2001, 1 very reluctantly submit my
resignation from the Huntington Beach City Council.
Res tfully,
Qc�
David P. Garofalo
601h Mayor
City of Huntington Beach, CA
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TELEPHONE (714) 536-5553
Anjo,Japan FAX(714)536-5233 tA'aita(. Pc. cti 7�aland
A TTA CHMENT 2
s'
Section 312. VACANCIES,FORFEITURES AND REPLACEMENT.
--� \(a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this
Charter, from whatever cause arising, shall be filled by appointment by the City Council.
(b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council
for a period of thirty consecutive days from and after the last regular City Council meeting attended
by such member, unless by permission of the City Council expressed in its official minutes,the
office shall become vacant. If an elected City officer is convicted of a crime involving moral
turpitude or ceases to be an elector of the City,the office shall become vacant. The City Council
shall declare the existence of such vacancy. Any elective officer of the City who shall accept or
retain any other elective public office, except as provided in this Charter, shall be deemed thereby to
have vacated the office under the City Government.
-`—� (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such
office shall become vacant,the City Council shall forthwith cause an election to be held to fill such
vacancy for the remainder of the unexpired term.
Section 313. CONFLICT OF INTEREST,NEPOTISM.
I
(a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating
conflicts of interest and promoting fair dealing in all City business.
(b) Nepotism. The City Council shall not appoint to a salaried position under the City government any
person who is a relative by blood or marriage within the third degree of any one or more of the
members of such City Council, nor shall the City Administrator or any department head or other
officer having appointive power appoint any relative of such person or of any Council member
within such degree to.any such position.
This provision shall not affect the employment or promotional status of a person who has attained a
salaried position with the City prior to the existence of a situation contemplated by this provision;
however, Council members or officers with appointive powers in such a situation shall disqualify
themselves from all decisions affecting the employment and promotional status of such person.
ARTICLE IV
APPOINTIVE OFFICES AND PERSONNEL
Section 400. CITY ADMINISTRATOR. COMPOSITION,TERM,ELIGIBILITY,REMOVAL.
i
(a) Composition. There shall be a City Administrator who shall be the chief administrative officer of
the City.
i
(b) Term. The Administrator shall be appointed by the affirmative vote of at least a majority of the
members of the City Council and shall serve at the pleasure of the City Council; provided,however,
that the person occupying the office shall not be removed from office except as herein provided.
i
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A TTA CHMENT 3
Page 17 - Council/Agency Minutes - 12/05/94
j (City Council) CITY COUNCIL VACANCY - PROCEDURE APPROVED (120.40)
The City Clerk presented a communication from the City Administrator regarding the options
available to the City Council for filling the vacancy which will occur when Councilmember Silva
resigns to take his seat as a member of the Orange County Board Supervisors together with a
communication dated November 30, 1994 from the City Clerk entitled: Information Regarding
Filling Council Vacancy By Special Municipal Election..
The following communications were received and distributed to Council from: Gail Hutton, City
Attorney, dated December 1, 1994 regarding Council's choices to fill the City Council vacancy and
Barry Bussiere, Huntington Beach/Fountain Valley Association of Realtors President, dated
December 5, 1994 urging the appointment of the candidate receiving the next highest vote.
The City Clerk presented a report regarding filling of the Council vacancy by Special Municipal
Election.
Councilmember Silva spoke in opposition to a special election due to the cost and spoke in
support of the first runner-up in the last election being appointed to take his place.
Councilmember Green stated that the process should not be rushed as the Council has sufficient
time to make an appointment. He stated that the following steps should be included: n
assessment of the present Council strengths and weaknesses, needs of the city itemized,job
specifications written down, advertise for the position, and look at those people who apply to see
how well they fit into this Council.
A motion was made by Leipzig that the Council adopt Alternative No. 2 as described by the City
Clerk.
Councilmember Garofalo asked Mayor Leipzig to reconsider the motion and go through the
process of the alternative of a special election first.
The City Clerk stated that the alternatives were presented by the City Administrator,not the City
Clerk's Office.
Motion To Fill Council Vacancy By Special Election - FAILED
A motion was made by Green, seconded by Garofalo, that the Council decide now to fill this seat
when it becomes available by special election. The motion FAILED by.the following roll call vote:
AYES: Silva, Garofalo
NOES: Bauer, Sullivan, Leipzig, Dettloff, Green
ABSENT: None
Page 18 - Council/Agency Minutes - 12/05/94
Motion to Fill Council Vacancy by Fifth Highest Vote Getter - FAILED
A motion was made by Garofalo, seconded by Silva, that in lieu of the absence of an application
process that the fifth highest vote getter (in the November 8, 1994 election) be appointed to the
vacant position not disallowing that person from applying through the application process should
that person through this motion not be appointed.
The Mayor stated that the motion might be out of order as it may constitute a motion to fill the
seat for which there is no vacancy.
The Mayor asked the City Attorney if she has any concerns along that line.
The City Attorney reported that the City Charter states that a seat cannot be filled before there is
a vacancy and that Council had been considering a methodology for the replacement.
Councilmember Garofalo restated the motion that in the occurrence of a vacancy in the next
thirty-days, that position be filled with the fifth highest vote getter not seated at this election
without any regard for his or her ability in the future to apply for such a vacancy. The motion
FAILED by the following roll call vote:
AYES: Silva, Garofalo
NOES: Bauer, Sullivan, Leipzig, Dettloff, Green
ABSENT: None
/ Motion To Fill Council Vacancy by Appointment-Approved
A motion was made by Green, seconded by Leipzig, to accept applications for the vacant seat
following a process like that used in filling the last City Council vacancy.
An amendment to the motion was made by Garofalo, accepted by Green and Leipzig, that the
process follow a retreat period to which Council would spend some very highly focused time on a
needs assessment of the City Council and our community; that the selection process follow a
process of introspective analysis of what our needs are and match that vacancy with what our
needs analysis is.
The City Clerk restated the motion made by Green, seconded by Leipzig, and amended by
Garofalo, to follow the processes under No. 2 and to take the final step only after the
consideration of criteria used in making the selection.
An amendment to the motion was made by Garofalo, accepted by Green, that the final step
include an assessment of our needs to determine what the qualification of the potential applicant
will be.
The City Clerk restated the motion made by Green, seconded by Leipzig and amended by
Garofalo, to follow the processes under No. 2 and to take the final step only after the
consideration of criteria used in making the selection after taking an assessment of the city's
8 needs.
Y.
Page 19 - Council/Agency Minutes - 12/05/94
The motion was restated by Green, seconded by Garofalo, that the City Council accept
applications for the vacancy following the process like that used in filling the last City Council
vacancy after an assessment of the strengths and weaknesses of the present Council and an
assessment of the needs our community at which time we can determine the qualities of the
person that we would consider ideal. The restated motion carried by the following roll call vote:
AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: Silva
ABSENT: None
Considerable discussion was held by Council and staff.
Motion To Submit Criteria To City Clerk For Council Selection by Noon, Friday,
December 9, 1994 -Applications For The Position Be Accepted Until December 15 1994 -
FAILED .
A motion was made by Leipzig, seconded by Bauer, that all seven Councilmembers immediately
turn their attention to the issues that have been raised here and submit to staff member, Pat
Dapkus, Administration Management Assistant, their written views on criteria to be used in
making this selection by noon Friday, December 9, 1994, this week; that those written statements
be distributed to the Councilmembers prior to the close of business on Friday and on Monday,
December 12th, after the discussion of the Orange County Investment Pool, have an adjourned
meeting and discuss those written comments that have been submitted and that constitute the
mini-retreat that has been discussed to establish those criteria and that at the same time Council
decide to accept applications from those who would seek this office, that Thursday,
December 15th be selected as the deadline for submission of those applications and that the
public be given two weeks in which to make application for the slot. At the close of business on
Friday, copies of the applications be distributed to all Council and that Council review those
applications and submit,just as was done two years ago the top two preferences, to the city staff
who will then set up interviews which would happen four weeks from now with timing at the last of
that week in time for a selection on January 3, 1995.
Discussion was held by Council and staff.
The City Clerk stated that the last time we had the application process the City Clerk's Office was
selected by Council as the receiving office. She stated there would be no problem having
information submitted to the City Administrator's Office as long as the criteria material is made
available to the public as it is a public record.
An amendment to the motion was made by Mayor Leipzig, accepted by Bauer, that the City
Clerk's Office is the more appropriate destination for submission of the applications at whatever
time is selected for that deadline.
The City Clerk stated that copies will be made available to the public.
Y - 209
Page 20 - Council/Agency Minutes - 12/05/94
The motion FAILED by the following roll call vote:
AYES: Bauer, Leipzig
NOES: Silva, Sullivan, Dettloff, Green, Garofalo
ABSENT: None
Motion To Agree On Qualifications For The Position by Monday, December 19 1994 - The
Process For Filling The Vacancy Shall Not Exceed The Time Deadline Of January 31 1995 -
Approved
A motion was made by Garofalo, seconded by Green, that a process be put in place establishing
December 15th as the deadline for Council to agree on the qualifications for the position and that
qualifications for the position shall include an assessment of our needs as a City Council and a
city and that the process of filling the vacancy shall not exceed the timeline of January 31, 1995
and that process to be conducted with the use of the City Clerk's Office as the depository for the
applications.
An amendment to the motion was made by Leipzig, accepted by Garofalo and Green,
establishing the close of business on Monday, December 12th as the deadline for Council to
submit qualifications for the position and discussion of the criteria at the December 19, 1994
Council meeting with a commitment to completion of the process by the end of January, 1995.
The amended motion carried by the following roll call vote:
AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: Silva
ABSENT: None
Motion For Meeting To End at 11:55 P.M. - FAILED
A motion was made by Silva to adjourn the meeting (at 11:55 p.m.). The motion FAILED for lack
of a second.
Councilmember Silva left the meeting.
Discussion Held Regarding'Continuance Of Items On Agenda
The City Attorney stated that there was one Closed Session on which she must receive an
answer from the City Council regarding City vs. Main; Thomas.
The City Administrator reported that the intent was to have a meeting next Monday night on Labor
Relations Closed Session and a discussion on the Bolsa Chica Project and continue the rest of
these items to next Monday(December 12, 1994).
The City Clerk requested minute action on appointment to the Sanitation Districts.
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Page 14 - Council/Agency Minutes - 12/19/94
The proposed Economic Development Commission would consist of members from the following
organizations as appointed by the Mayor: Mayor, two City Councilmembers, Chairman of the
Chamber of Commerce, President of the Huntington Beach/Fountain Valley Association of
Realtors, three Chief Executive Officers from companies within Huntington Beach.
On motion by Garofalo, second Green, Council directed staff to come back with a more specific
concrete proposal regarding the creation of an Economic Development body. Motion carried
unanimously.
(City Council) DEFERRED FROM DECEMBER 5, 1994 - PROPOSAL TO ESTABLISH AN
ANNUAL BUSINESS MEETING BREAKFAST WITH PASTORS (120.10)
Councilmember Garofalo clarified that it was his intent to establish an Annual Business Meeting
Breakfast with all pastors of our varied community to take place each year at approximately the
beginning of January.
Mayor Leipzig stated that he would meet with Councilmember Garofalo to discuss scheduling a
meeting.
--� (City Council) -APPROVED APPLICATION PROCESS FOR SELECTION OF CITY COUNCIL
VACANCY - APPROVED - COUNCIL COMMITTEE FORMED TO DEVELOP INTERVIEW
QUESTIONS (120.40)
A motion was made by Green, seconded by Garofalo, that Council discuss the Mayor's
suggestions and look at ideas regarding the filling of the City Council vacancy. The motion
carried unanimously.
The City Clerk presented a communication from Mayor Leipzig dated December 19, 1994,
regarding a process for filling the vacancy which will occur when Councilmember Silva resigns to
take his seat as a member of the Orange County Board of Supervisors.
The following communications were received and distributed to Council: Missing page from the
backup material on the agenda item regarding the filling of the Council vacancy
(December 21, 1991 Council minutes) and a communication from Chuck Nelson, Amigos de
Bolsa Chica President, and Robert Cunningham, Huntington Beach Chamber of Commerce
Chairman, dated December 16, 1994 regarding the process of filling the Council vacancy.
Councilmember Dettloff stated that she believed the process followed by Council resulting in
Councilmember Bauer's appointment was a good process. Councilmember Green believes a
study session should be held due to the late hour and the need to take the comments of the
Amigos de Bolsa Chica and the Chamber of Commerce contained in the Amigo's de Bolsa Chica
letter announced earlier in the meeting.
230
Page 15 - Council/Agency Minutes - 12/19/94
A motion was made by Garofalo, second Green, that as of December 20, 1994 the applications
for the Council vacancy will be available along with Council criteria for selection and that the
process will terminate January 9, 1995. With interviews scheduled for January 17, 1995. The
motion carried by the following roll call vote:
AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: Silva (out of room)
A committee of Mayor Leipzig, Councilmembers Green and Bauer was formed to formulate the
interview questions.
(City Council/Redevelopment Agency) DEFERRED FROM DECEMBER 5, 1994 - PROPOSAL
TO RE-DESIGNATE REDEVELOPMENT COMMITTEE TO BE THE ECONOMIC
DEVELOPMENT COMMITTEE -APPROVED (120.10)
The City Clerk presented a proposal from Councilmember Leipzig that the City Council hereby re-
designates the Redevelopment Committee of the City Council to be the Economic Development
Committee to meet with staff on a bi-monthly basis to review all pending business development
and redevelopment activities. The Economic Development Committee will consist of three City
Council members as appointed by the Mayor:
A motion was made Garofalo, seconded by Green, to rename the Redevelopment Committee to
the Economic Development Committee. The motion carried by the following roll call vote:
AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: Silva (out of room)
(City Council) DEFERRED FROM DECEMBER 5, 1994 - COUNCIL LIAISON APPOINTMENTS -
DEFERRED TO JANUARY 3, 1995 (120.20)
Council assignments to the various city Boards, Commission and Committees and to the external
bodies for which Huntington Beach has a City Council representation.
Mayor Leipzig stated that tomorrow he would distribute a list of Council Liaison Appointments to
Council.
(City Council) REQUEST STAFF TO PREPARE WRITTEN RESPONSES TO THE FOLLOWING
ITEMS REGARDING THE COUNTY'S PLAN FOR BOLSA CHICA ENVIRONMENTAL IMPACT
REPORT -APPROVED (440.60)
The City Clerk presented a communication dated December 13, 1994 from Councilmember Bauer
requesting the appropriate staff to report on the following items, with regard to the county's plan
for the Bolsa Chica Environmental Impact Report.
.231
Page 9 - Council/Agency Minutes - 01/03/95
--� (City Council) Council Committee/Council Liaison Report Regarding Process For Selection
Of City Council Vacancy -Approved, (120.40)
The Mayor reported regarding the Council Committee formed to finalize the interview process for
candidates. He distributed a handout of proposed questions for the applicants. He stated that
the committee had consensus to interview all candidates, allow a half-hour for each candidate
interview, conduct interviews in Room B-8, interviews to be open to the public, applicants to be
asked to wait in another room, and schedule appointments in advance. He stated that interviews
would be held on Friday, January 20th and Saturday, January 21 st and the selection to be made
at a meeting on January 23, 1995.
A motion was made by Garofalo, seconded by Green, to replace question number three with the
following question: "Briefly give us your approach to an Economic Development strategy for the
City of Huntington Beach" and so move the other questions.
Councilmember Garofalo amended his motion to replace question number three with question
number four.
The amended motion carried by the following roll call vote:
AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: None
Discussion was held by Council.
The City Clerk requested a ruling from Deputy City Attorney DeLaLoza regarding submission of
documentation and voting on an item that was not on the agenda.
Deputy City Attorney DeLaLoza reported.
Motion To Place Non-Posted.ltem On The Agenda
A motion was made by Sullivan, seconded by Leipzig, that Council vote to take an emergency
action. The motion carried by the following roll call vote:
AYES: Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: Bauer(out of room)
The Mayor announced that he received a letter of resignation from former Councilmember Silva
effective as of noon, January 2, 1995.
A motion was made by Garofalo, seconded by Green, to accept the resignation of
Councilmember Silva. The motion carried by unanimous vote.
10
Page 10 - Council/Agency Minutes - 01/03/95
—�j A motion was made by Garofalo, seconded by Green, to replace question number four with the
following question: "Briefly give us your approach to an Economic Development strategy for the
City of Huntington Beach and so move the other questions.
The motion carried by the following roll call vote:
AYES: Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: Bauer(out of room)
--� A motion was made by Sullivan, seconded by Garofalo, for each Council person to submit up to
three people to be nominated which would give a potential pool of eighteen if they were all
different.
The City Clerk clarified that the motion included "to use the same process as last time".
Councilmember Leipzig stated that the motion was to use the same process as last time with the
selection of three nominees.
The motion carried by the following roll call vote:
AYES: Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: Bauer(out of room)
—� A motion was made by Garofalo, seconded by Green, to extend the application period to Friday,
January 13, 1995 at 1:00 p.m. to be considered for the Council vacancy and that the Council
submit their selections to the City Clerk by noon on Tuesday, January 17, 1995.
The City Clerk requested that a motion be made that the issue regarding filling the Council
vacancy arose after the agenda was posted.
Motion To Place Non-Posted Item On The Agenda
i
A motion was made by Green, seconded by Sullivan, to take emergency action. The motion
carried unanimously.
An amendment to the original motion was made by Sullivan,,accepted by Garofalo, to change the
time that the Council selections are due to 5:00 p.m. as the Councilmembers would be at City Hall
for the meeting at 5:00 p.m.
s
The original motion made by Garofalo, seconded by Green, and amended by Sullivan, to extend
the application period to Friday, January 13, 1995 at 1:00 p.m. to be considered for the Council
vacancy and that Council submit their selections to the City Clerk by 5:00 p.m. on Tuesday,
January 17, 1995. The motion carried by unanimous vote.
Page 8 - Council/Agency Minutes - 01/17/95
(City Council) FINAL TRACT MAP NO. 14650 - PORTION OF TENTATIVE TRACT MAP
NO. 14134 - SOUTHEAST OF SEAPOINT STREET/PALM AVENUE - SUBDIVISION
AGREEMENT -APPROVED (420.60) -Approved Final Tract Map No. 14650, a portion of
Tentative Tract No. 14134; accepted the offer of dedication and improvements and bonds
pursuant to the finding that Final Tract Map No. 14650 is in conformance with the California
Subdivision Map Act, the City of Huntington Beach Subdivision Map Act, the City of Huntington
Beach Subdivision Ordinance and Tentative Tract Map No. 14134 conditions of approval as
approved by the Planning Commission; instructed the City Clerk to file the follcv,✓ing bonds with
the City Treasurer: Faithful Performance Bond No. 11141536109, Labor and Material Bond
No. 11141536109 and Monument Bond No. 11141536117; that requirements 3(a) through 3(d)
have been complied with; approved and authorted execution of the Subdivision Agreement; and
further instructed the City Clerk not to affix her signature to the map nor release it for preliminary
processing by the County of Orange for recordation until the aforementioned conditions have
been met.
(City Council) CONTINUED FROM JANUARY 3. 1995 -ASSIGNMENT OF PAY N PLAY
RACQUETBALL AGREEMENT-WORTHY PARK - MEMORANDUM OF LEASE AND
ASSIGNMENT OF GROUND LEASE - FROM E. O. RODEFFER TO JACK MCCAULEY-
APPROVED (600.35)
The City Clerk presented a communication from the Community Services Director transmitting an
Assignment of Pay N Play Racquetball Agreement and Memorandum of Lease and Assignment
of Ground Lease from E. O. Rodeffer to Jack McCauley. (Thirty-four(34) year lease expires in
2017 with two (2) ten (10) year optional terms.)
The Community Services Director presented a staff report.
The concessionaire was urged to become a member of the Chamber of Commerce and market
his business.
On motion by Green, second Dettloff, Council authorized the Mayor and City Clerk to execute the
Memorandum of Lease and Assignment of Ground Lease for the Pay N Play Racquetball
operation from E. O. Rodeffer to Jack McCauley, and directed the City Clerk to record both
documents. The motion carried by unanimous vote.
(City Council) PROCEDURE TO FILL CITY COUNCIL VACANCY-APPROVED (120.40)
The City Clerk presented a communication from Mayor Leipzig regarding the selection of a
person to fill the City Council vacancy created by the resignation of Jim Silva, who now serves as
a member of the Orange County Board of Supervisors.
The Mayor presented modifications to the recommended actions on the agenda. The Mayor
stated that to save time he believed the Mayor or City Clerk should announce the candidates
which had been selected to be interviewed.
3 3 Discussion was held regarding the interview procedure.
Page 9 - Council/Agency Minutes - 01/17/95
On motion by Sullivan, second Dettloff, Council directed that all of the interviews be conducted on
Friday, January 20, commencing at noon and going as late as necessary. The motion carried by
the following vote:
AYES: Bauer, Sullivan, Leipzig, Dettloff, , Garofalo
NOES: Green
ABSENT: None
Considerable discussion was held regarding the balloting process and whether it was Council's
intent to appoint a person other than one who had been interviewed.
Councilmember Green gave his opinion regarding his belief that the candidate selected to fill this
vacancy should offer not to run for election when the term to which the person is appointed
expires and he would personally be inclined to vote for such a person as a deciding factor if all
other considerations were equal.
Councilmember Garofalo stated that he would not want anyone to feel compelled to make such a
statement.
'—� A motion was made by Dettloff, second Green, that the list of candidates be read.
The City Clerk read the following names of persons to be interviewed by Council to fill the
vacancy created on the City Council by the resignation of Councilmember Jim Silva: Bud
Belsito, Ken Bourguignon, Jack Bowland, Gary Gorman, Tom Harman, Phil Inglee, Tom
Livengood, Susie Newman, Roy Richardson, Haydee Tillotson, Phil Zisakis, and
The City Clerk was authorized to schedule interviews by drawing names and offering the
candidates a choice of time.
The following procedure outlined to follow at the meeting at which the appointment is made was
approved:
Paper ballots with all the names of those interviewed will be provided to all the Council
members.
At direction from the Mayor, all the Council members will select a candidate from among those
interviewed to fill the vacancy and mark a ballot.
The ballots will be collected and read aloud by the City Clerk.
This process will be repeated until a single candidate receives a majority vote under the
following conditions:
If six Councilmembers are present, four votes are needed;
If five Councilmembers are present, three votes are needed;
and if four Councilmembers are present, three votes are needed.
The motion carried unanimously.
3�4
MINUTES
CITY COUNCIUREDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Friday, January 20, 1995
A audio tape recording of this meeting is
on file in the Office of the City Clerk
The Mayor called the adjourned regular meetings of the City Council/Redevelopment Agency to
order at 12:00 p.m.
CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL
PRESENT: Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan,
ABSENT: None
INTERVIEWS OF CITY COUNCIL CANDIDATES TO FILL THE VACANCY CREATED BY THE
RESIGNATION OF JIM SILVA
The following material is on file in the Office of the City Clerk relative to this adjourned City
Council meeting: Mayor's Memo to the Council dated January 4, 1995, titled - Filling the Council
Vacancy, setting forth the five questions given to all applicants for the vacant City Council seat
and to be answered orally during the interview. The five questions asked of every candidate were
as follows:
1. Why do you want to be on the City Council.
2. What do you perceive as being the primary role of a council member in a Charter City
such as Huntington Beach?
3. What do you see as an acceptable balance between city growth and the
business/environmental community?
4. Briefly give us your approach to an economic development strategy for the City of
Huntington Beach.
5. List your top priorities for City/City Council attention for the coming year and what might be
your two year plan.
An opportunity was given for each applicant to make a closing statement.
Also available at the Council meeting was a communication from each Councilmember setting
forth desired qualifications of the person to fill the vacant city council office.
39
Page 2 - Council/Agency Minutes - 01/20/95
The following candidates were interviewed by the City Council: Bud Belsito, Ken Bourguignon,
Jack Bowland, Gary Gorman, Tom Harman, Phil Inglee, Tom Livengood, Susie Newman, Roy
Richardson, Haydee Tillotson, Phil Zisakis.
The following represents a very brief synopsis of the candidate interviews:
Ken Bourguignon - stressed fiscal policies as a high priority, need for affordable housing on
which he would be able to lend his expertise as his experience in building expensive housing
would enable quality to be incorporated into plans for affordable housing. The city should
become real tough on zoning -- then let architects build to city requirements.
Roy Richardson - believed his work in private enterprise including chief financial officer and his
managerial expertise in public and private sector would be valuable. The need to bring
businesses into the city which will complement, not compete with each other. Attention to issues
such as sewage outfall, water pressure important.
Floyd "Bud" Belsito stated that his appointment would bring a diversity of qualifications to the
city as he began employment in the city's planning division and City Administrator from 1976-80-
bring administrative, planning and now legal experience as an attorney at law. The need to
attract good quality businesses that do not require too many city.services. Revitalization of
vacant property and balance budget important.
Susie Newman stated that she believed she has reached a number of people through the
election process at which she was a candidate. She spoke regarding her horizons being opened
as a result of her opening a business downtown. She spoke regarding the need for the city to
have an array of opportunity offered to the people so that the people's money will be spent
locally; the feasibility of high schools being used by kids on weekends for social activities; her
efforts which resulted in TV-3's show- Made in Huntington Beach. --making people feel good
about living in the city is most important.
Tom Livengood - stated importance of implementing what is best for the entire community,
keeping an open mind and setting goals and policies for direction of city. He cited the need for
more space for industrial and to develop a strategy for attracting industry; a top priority is financial
health of city and to start on next year's budget now. He stated the importance of the city council
establishing a positive working relationship with all levels of elected leadership. Mr. Livengood
spoke in support of performance based budgeting, privatization, two year budgets and keeping
flexibility especially because of state funding. Possibility of a charter revision regarding the issue
of elected and non-elected officials and other areas of the Charter Council may want to take a
look at. He stated that he would commit the time and energy to serve on the city council will not
be for higher office.
Tom Harman stated that he would like to become part of the decision making process and that
he is committed to community services and that he believes is own views are representative of
the average citizen because of his close contact with citizens. He spoke regarding the need to
better utilize some of the properties on Beach Boulevard that are becoming dilapidated. He
spoke regarding the need to ensure that essential services are provided timely and economically;
protecting the city's financial assets, city employee relations, protect high standard of
40
performance; exploring privatization of government activities. Would like to develop Huntington
Page 3 - Council/Agency Minutes - 01/20/95
Central Park as it has been on the back burner too long. He stated he would like the charter to
be revised to have City Treasurer, City Attorney and City Clerk appointed. He reviewed his
background as a lawyer and independent businessman and his community involvement.
RECESS - RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY
The Mayor called a recess of the City Council Redevelopment Agency meeting. He reconvened
the regular meeting of the City Council/Redevelopment Agency.
Haydee Tillotson stated that the Council has an opportunity to lead and set policy and spoke
regarding the need for the environmental and business community to work with each other; the
need to build a healthy business environment for Huntington Center, bring tourism to city. She
stated that public safety is #1 priority; that whole responsibility cannot be with Police Department,
that citizens must be helped by city to fight crime such as the example of the Florida-Utica Task
Force Committee. Ms. Tillotson spoke regarding the importance of not allowing older
neighborhoods and industrial neighborhoods to deteriorate. She stated the importance of being
able to agree to disagree with respect and that she learns more from those who disagree with
her.
Jack Bowland spoke regarding his involvement in the community and in the General Plan
Advisory Committee which is a consortium of every interest group in the city. Mr. Bowland spoke
regarding his assistance to the Huntington Beach Company to reach a conflict resolution which
was accepted by both sides. Mr. Bowland commented on this service on the Transportation
Commission and as a citizen represeiitative member of the Mobilehome Review Committee. He
stated he believed it was necessary that a Councilmember have the ability and willingness to
listen and to validate the citizens' presence when they appear before Council. He stated that
there are three ides to every issue; the proponents, opponents and somewhere in the middle is
usually the solution -- not always, but usually. He stated that the city needs to have a better
proposal to businesses than surrounding cities do; that we should find out what other cities do to
attract business and commercial and do the same.
Phil Zisakis stated thathe would like to be a voice for the bUsiness community-as,he believes
sales tax and.business is being lost at an alarming rate. He stated the need to give incentives
and encouragement for business to come t the city and to keep businesses from leaving; that the
city must maintain and keep what business we have. Mr. Zisakis stated his support for a as Long
Beach has with 400-500 people which brings the community together. He spoke in support of
speeding the planning process; that it is better than before but there is room for improvement.
Gary Gorman spoke regarding the importance of prioritizing revenues for health and safety of
citizens and allocating remaining revenue for other services. He believes the city should be run
business-like but not as a business. Mr. Gorman stated that the city should charge the fees to
cover building services but not make money off them. He spoke regarding long-term revenues to
city from businesses and short term from building fees. The City needs to provide major
incentives to bring business into the city; modify codes to attract businesses. He stated for
planning purposes he would like to see a census of all businesses in town. He spoke regarding
possible privatization of services; perhaps tree trimming, street sweeping and maybe contract our
city services out such as police dispatch and curb painting, lease of city vehicles. He presented 41
Page 4 - Council/Agency Minutes - 01/20/95
an example of a savings to the City of Long Beach through leasing a fire truck - $2500 down
from $5500.
Phil Inglee stated that he believes he can do something for the community due to his banking
experiences better than some of his contemporaries - wherein they can do other things better..
He spoke regarding a councilmember's duty to ensure that the best interests of the citizens are
met; that decisions made by Council will affect our children and grandchildren and possibly
beyond. He stated that at times money is spent on things we don't need and not enough on what
we do need. Mr. Inglee distributed a document to Council: Recommended City Treasurers
Monthly/Quarterly Investment Reports to the City Council which he believed could serve as in
informational aid to the city council. Mr. Inglee stated that his goal would be to try and bring the
citizens and businesses together to develop a plan. He explained the "smart city" concept he
would follow and distributed a document titled America's Smart Cities. Economic Development
Strategy-Huntington Beach-America's Bright City
ADJOURNMENT -CITY COUNCIUREDEVELOPMENT AGENCY
The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of
the City of Huntington Beach to Monday, January 23, 1995 at 6:30 p.m. in the Council Chamber.
Clerk of the Redevelopment Agency and City 1
Clerk and ex-officio Clerk of the City Council
of the City of Huntington Beach, California
ATTEST:
City Clerk/Clerk Mayor/Chairman
42
Page 2 - Council/Agency Minutes - 01/23/95
Steven Harris, South Coast Oil representative, spoke regarding the problem with one of their oil
wells. He stated he wanted the City Council to know that they are working diligently with city staff
to correct the problem.
Chuck Bollman stated he was pleased with the City Council's aggressive action taken with the oil
wells downtown. He spoke regarding the need for a tank farm in the city, stating that he is
meeting with Chevron. Mr. Bollman supported the formation of an Oil Commission as suggested
by Councilman Bauer.
Richard Henderson, candidate in the 1994 municipal election, urged the appointment of a strong
business candidate to the City Council vacancy.
Jonathan Woolf-Willis informed Council that he believes there has been a wealth of creative
ideas set forth by the council candidates during last Friday's interviews. He spoke regarding a
recommendation for a Five Year Plan, determine causes for failure of Huntington Center, making
the Transportation Commission the Public Works Commission and adopting a Charter Review
Commission.
Thom Doney stated his disappointment that those who ran for office, with the exception of two
persons, were not selected as finalists to fill the Council vacancy.
Brad White urged Council to select a person to fill the vacancy who is very pro-business.
Tom Duchene addressed Council regarding the need for sound fiscal leadership.
CANDIDATES SELECTED TO INTERVIEW-VACANCY ON THE CITY COUNCIL CREATED BY
THE RESIGNATION OF JIM SILVA
Mayor Leipzig presented a history of how the City Council formulated a process to fill the vacancy
created by the resignation of Jim Silva upon his election to the Board of Supervisors - Second
District.
The following citizens were selected by the City Council members to be considered for
appointment to the City Council vacancy:
Bud Belsito
Ken Bourguignon
Jack Bowland
Gary Gorman
Tom Harman
Phil Inglee
Tom Livengood
Susie Newman
Roy Richardson
Haydee Tillotson
Phil Zisakis
44
Page 3- Council/Agency Minutes - 01/23/95
Motion to Appoint Susie Newman To Council Vacancy - FAILED For Lack of Second
A motion was made by Councilman Garofalo that Council move for unanimous support for the
appointment of Susie Newman to the vacancy on the City Council. The motion FAILED for lack
of a second.
Councilman Garofalo requested clarification regarding the method of voting and debating over
candidates.
Deputy City Attorney Del-al-oza stated that he saw no reason why debating cannot occur.
Councilmember Garofalo gave reasons why he believed the person whom Jim Silva appointed to
the Planning Commission was a good choice for appointment to the City Council.
The Mayor announced that the balloting process would commence.
The City Clerk read each Councilmember's ballot aloud. The first eight ballots were announced
by the City Clerk as follows:
First Ballot: Bauer(Rowland), Sullivan (Bowland), Leipzig (Gorman), Dettloff (Richardson),
Green (Inglee), Garofalo (Inglee)
Second Ballot: Bauer(Harman), Sullivan (Bowland), Leipzig (Gorman), Dettloff (Richardson),
Green (Inglee), Garofalo (Inglee)
Third Ballot: Bauer(Harman), Sullivan (Livengood), Leipzig (Harman), Dettloff (Inglee), Green
(Inglee), Garofalo (Inglee)
Fourth Ballot: Bauer(Harman), Sullivan (Livengood), Leipzig (Harman), Dettloff(Inglee), Green
(Inglee), Garofalo (Inglee)
Fifth Ballot: Bauer(Harman), Sullivan (Livengood), Leipzig (Harman), Dettloff(Livengood),
Green (Inglee), Garofalo (Inglee)
Sixth Ballot: Bauer(Harman), Sullivan (Livengood), Leipzig (Harman), Dettloff(Livengood),
Green (Inglee), Garofalo (Inglee)
Seventh.Ballot: Bauer(Harman), Sullivan (Livengood), Leipzig (Harman), Dettloff (Livengood),
Green (Inglee), Garofalo (Inglee)
Eighth Ballot: Bauer(Harman), Sullivan (Harman), Leipzig (Harman), Dettloff (Inglee), Green
(Inglee), Garofalo (Inglee)
Ninth ballot: Bauer(Harman), Sullivan (Harman),Leipzig (Harman), Dettloff (Harman), Green
(Inglee), Garofalo (Inglee)
45
Page 4 - Council/Agency Minutes - 01/23/95
THOMAS HARMAN SELECTED TO FILL THE VACANCY ON THE CITY COUNCIL CREATED
BY THE RESIGNATION OF JIM SILVA
On the ninth ballot the City Clerk read a ballot which resulted in the selection of Councilmember
Harman as follows: Bauer (Harman), Sullivan (Harman), Leipzig (Harman), Dettloff (Harman),
Green (Inglee), Garofalo (Inglee). The City Clerk announced Thomas Harman as the
Councilmember selected to fill the vacancy.
On motion by Sullivan, second Green, Council, by unanimous vote, appointed Tom Harman as
the City Councilmember to fill the vacancy created by the resignation of Jim Silva.
STATUS OF ORANGE COUNTY BANKRUPTCY
The City Administrator presented a report to the City Council on the Status of the Orange County
Bankruptcy. Material presented to Council included the following documents announced by the
City Clerk earlier in the meeting: Communication to the City Council from the City Administrator
dated January 19, 1995 titled Status of Orange County Investment Pool including two documents
-A News Release regarding the completion of the restructuring of the Orange County Investment
Portfolio and a document titled Report by the State Auditor of California - Status Report on the
Orange County Treasurer's Office dated January, 1995, and a slide report titled Orange County
Bankruptcy- Summary-January 23, 1995.
The City Administrator reviewed and using slides, reported on the impact of the bankruptcy on the
city, the status of the County Investment Pool, City investment in County pool, critical issues to
the city, potential financial impact on city of the Orange County Bankruptcy and summarized the
city's position that budget controls have been implemented, budget revisions will be required and
the city will closely monitor the Orange County Bankruptcy proceedings.
Considerable discussion was held between the City Councilmembers and the City Administrator.
Excerpts Of Tom Harman's Application Read
Mayor Leipzig, for the benefit of the citizens, read highlights of Mr. Harman's resume and stated
that Mr. Harman has a long list of.community activities.
RECESS
The Mayor called a recess of the City Council and Redevelopment Agency.
CLOSED SESSION
The Mayor called a recess of the City Council and Redevelopment Agency for the purpose of
meeting in Closed Session of the City Council to consider the following items:
46
RCA ROUTING
INITIATING DEPARTMENT: City Clerk's Office
SUBJECT: (1) Receive and File Letter of Resignation from
Councilmember Dave Garofalo, and (2) Determine a
Procedure for Council to Fill the Council Vacancy
COUNCIL MEETING DATE: January 7, 2002
.RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION, FOR MISSING;ATTAGHMENTS„
EV EWFD RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
RCA Author: Brockway, ext 5404
ORIGNINAL
•
`�• CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL. COMMUNICATION
TO: Honorable Mayor and City Councilmembers
Ray Silver, City Administrator
FROM: Connie Brockway, City Clerk
SUBJECT: Letter of Resignation from Councilmember Dave Garofalo
DATE: December 26, 2001
Attached is the letter of resignation submitted by Councilmember Dave Garofalo dated
December 21, 2001, effective December 26, 2001.
Also attached is a records printout of files in the City Clerk's Office. These files and
corresponding minutes pertain to the procedures that Council has used in the past to fill
vacancies on the City Council.
For your information attached is a section of the City's History Book listing past resignations.
will be glad to copy material in these files if your require them.
/jah
cc: Gail Hutton, City Attorney
Attachments: Letter of Resignation
Huntington Beach City Charter S. 312
City Clerk's Office Records Printout
History of City Council Resignations/Appointments
glcbmemos/2001 cbmem/garofalo resignation.doc
Section 312. VACANCIES,FORFEITURES AND REPLACEMENT.
(a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this
Charter, from whatever cause arising, shall be filled by appointment by the City Council.
(b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council
for a period of thirty consecutive days from and after the last regular City Council meeting attended
by such member, unless by permission of the City Council expressed in its official minutes,the
office shall become vacant. If an elected City officer is convicted of a crime involving moral
turpitude or ceases to be an elector of the City, the office shall become vacant. The City Council
shall declare the existence of such vacancy. Any elective officer of the City who shall accept or
retain any other elective public office, except as provided in this Charter, shall be deemed thereby to
have vacated the office under the City Government.
(c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such
office shall become vacant,the City Council shall forthwith cause an election to be held to fill such
vacancy for the remainder of the unexpired term.
Section 313. CONFLICT OF INTEREST,NEPOTISM.
(a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating
conflicts of interest and promoting fair dealing in all City business.
(b) Nepotism. The,City Council shall not appoint to a salaried position under the City government any
person who is a relative by blood or marriage within the third degree of any one or more of the
members of such City Council,nor shall the City Administrator or any department head or other
officer having appointive power appoint any relative of such person or of any Council member
within such degree to any such position.
This provision shall not affect the employment or promotional status of a person who has attained a
salaried position with the City prior to the existence of a situation contemplated by this provision;
however,Council members or officers with appointive powers in such a situation shall disqualify
themselves from all decisions affecting the employment and promotional status of such person.
ARTICLE IV
APPOINTIVE OFFICES AND PERSONNEL
Section 400. CITY ADMINISTRATOR. COMPOSITION,TERM,ELIGIBILITY,REMOVAL.
(a) Composition. There shall be a City Administrator who shall be the chief administrative officer of
the City.
(b) Term. The Administrator shall be appointed by the affirmative vote of at least a majority of the
members of the City Council and shall serve at the pleasure of the City Council;provided,however,
that the person occupying the office shall not be removed from office except as herein provided.
c-10
Date/Time 12/26/2001 8:21:55 AM City of Huntington Beach Page 1
Office of the City Clerk
Records
Ref Category Subject Entered Status Document Expires Box ID Label
BA 620.80 12/19/1992 Active 11/08/1994 3438 RALPH BAUER APPOINTED COUNCILMEMBER
12/19/92 11/8/94
HA 620.80 12/31/1995 Active 11/30/1996 5788 HARMAN, THOMAS G. City Council -Appointed 1995 1995
thru 11/96
Total Records Detailed: 2
Date/Time 12/26/2001 8:24:23 AM City of Huntington Beach Page 1
Office of the City Clerk
Records
Ref Category Subject Entered Status Document Expires Box ID Label
120.40 12/31/1992 Inactive 183 531 APPOINTMENTS/RESIGNATIONS TO COUNCILS
1992
Total Records Detailed: 1
CITY COUNCIL MEMBERS
CITY OF HUNTINGTON BEACH
1926-1995
Trustees
October 1927 Charles J.Andrews apptointed trustee to fill vacancy caused by death of
Trustee Wharton.
City Council
November 1929 Voting precincts established
E Drew, Dunning, Harris, Mitchell
April 1926 10 Andrews, Mitchell, Shank, Harris, Boster
E Mitchell, Harris
R Ridenaur
A Shank
1928 10 Andrews, Mitchell, Shank, Harris, Boster
E Bowen, Butcher, Conrad
1930 10 Bowen, Butcher, Conrad, Mitchell, Harris
E Stevens, King
1932 10 Butcher, Huston, Stevens, King, Conrad
E Conrad, Huston, Marion
R Huston
November 1933 E Talbert-Special Election (Replaced Huston)
April 193410 Talbert, Gores, Stevens, King, Marion
E Talbert, Warner, Chamness, Tovatt (2yrs)
1936 10 Marion, Chamness, Warner, Tovatt, Talbert
E Chamness, Henricksen, Morehouse
1938 10 Warner, Chamness, Talbert, Henricksen, Morehouse
E McCallen, Talbert
1940 10 Morehouse, Chamness, Henricksen, Talbert, McCallen
E Chamness, Morehouse, Grable
1942 10 Henricksen, Grable, Morehouse, Talbert, McCallen
R Grable, Hawes (2yrs)
E Henricksen,Talbert
1944 10 Henricksen, Grable, Hawes, Morehouse, Talbert
E Grable, Hawes, Bartlett
1946 10 Henricksen, Grable, Hawes, Bartlett, Talbert
E Terry, Langenbeck
18
April 194810 Greer, Terry, Hawes, Langenbeck, Bartlett
E Greer, LeBard, Seabridge
1950 10 Wood, Seabridge, Langenbeck, Greer, LeBard
E Langenbeck, Talbert
1952 10 Greer, Talbert, Seabridge, LeBard, Langenbeck
E LeBard, Seabridge, Wood
1954 10 Bryant, Talbert, Wood, LeBard, Seabridge
E Bartlett, Lockett
1956 10 Terry, Bartlett, LeBard, Seabridge, Lockett
E Bryant, Irby, Terry
1958 10 Bryant, Lockett, Irby, Bartlett, Terry
E Lambert, Waite
1960 10 Sork, Lambert,Terry, Waite, Irby
E Gisler, Stewart, Wells
1962 10 Wells, Lambert, Stewart, Waite, Gisler
E Lambert, Welch
1964 10 Gisler, Stewart, Welch, Lambert, Wells
E Gisler, Stewart, Shipley
1966 10 Gisler, Stewart,Lambert, Shipley,Welch (1966 Charter Amendment
E Coen, Kaufman, Green, Bartlett 5 to 7 Councilmen)
1968 10 Coen, Bartlett, Gisler, Kaufman, Stewart, Green Shipley
E Shipley, Matney, McCracken
1970 10 Shipley,Bartlett, McCracken, Matney, Coen, Green, Kaufman
E Bartlett, Coen, Green, Gibbs
1972 10 Shipley, Bartlett, McCracken, Matney, Coen, Green, Gibbs
E Shipley, Matney, Duke
1974 10 Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
E Bartlett, Coen, Gibbs, Wieder
1976 10 Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs
E Siebert, Shenkman, Pattinson, Finley
1978 10 Bartlett, Pattinson, Coen, Siebert, Shenkman, Wieder, Gibbs
E Mandic, MacAllister, Bailey, Thomas
R Shenkman, Siebert
A Yoder
19
April 198010 Pattinson, Mandic, MacAllister, Thomas, Bailey, Yoder, Finley
E Pattinson, Kelly, Finley
198210 Pattinson, Mandic, MacAllister, Thomas, Bailey, Finley, Kelly
E Mandic, Bailey, MacAllister, Thomas
November 198410 Pattinson, Mandic, MacAllister, Thomas, Bailey, Finley, Kelly
E Finley, Kelly, Green
1986 10 Mandic, MacAllister, Thomas, Bailey, Finley, Kelly, Green
E Mays, Erskine,Winchell, Bannister
1988 10 Erskine, Mays, Winchell, Bannister, Kelly, Green, Finley
E Silva, Green, MacAllister
1990 10 Erskine, Mays, Green, Bannister, MacAllister, Silva, Winchell
E Winchell, Moulton-Patterson, Robitaille, Kelly
1992 10 Robitaille, Moulton-Patterson, Winchell, Silva, Green, MacAllister, Kelly
E Silva, Leipzig, Sullivan
D Kelly
A Bauer
1994 10 Robitaille, Moulton-Patterson, Winchell, Silva, Bauer,Leipzig, Sullivan
E Bauer, Green, Dettloff, Garofalo
R Silva- Elected Board of Supervisors
A Harman
1996 10 Harman, Leipzig, Bauer, Dettloff, Green, Garofalo, Sullivan
E Sullivan, Julien, Harman
1998 10 Sullivan, Julien, Harman, Detloff, Green, Bauer, Garofalo
E Detloff, Green, Bauer, Garofalo
2000 10 Sullivan, Julien, Harman, Detloff, Green, Bauer, Garofalo
E Julien Houchen, Cook, Boardman
20