Loading...
HomeMy WebLinkAboutCC Min 1998-04-13 3-31-98 / 4-13-98 Attest: Seal Beach, California April 13, 1998 I The regular adjourned meeting scheduled for 6:30 p.m. this date was canceled. clerk Seal Beach, California April 13, 1998 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor ProTem Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Brown Councilmembers Campbell, Fulton I Absent: Councilmembers Forsythe, Hastings Brown moved, second by Fulton, to excuse the absence from this meeting of Mayor Hastings and Councilmember Forsythe. AYES: NOES: ABSENT: Brown, Campbell, Fulton None Forsythe, Hastings Motion carried Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public works/City Engineer Chief Sellers, Police Department Ms. Beard, Parks and Recreation Director Mrs. Yeo, City Clerk APPROVAL OF AGENDA Councilmember Campbell asked if the public would have the opportunity to participate in discussion of Council Items. At the conclusion of brief discussion, 'there was general consensus to allow public comments to'agenda item "E" in accordance with the established time limit." Fulton moved, second by Campbell, to approve the order of the agenda as agreed upon. I 4-13-98 AYES: NOES: ABSENT: Brown, Campbell, Fulton None Forsythe, Hastings Motion carried I PRESENTATION - ORANGE COUNTY FIRE AUTHORITY - DROWNING PREVENTION Captain Scott Brown stated this commences the 1998 drowning prevention education campaign of the Orange County Fire Authority. He recalled that the Authority became involved in the drowning awareness campaign in 1996, that year there were thirty-five responses to drownings or near drownings of children, most all under the age of eight, affecting nearly every city in the County. The Captain presented a video for information of the public. In part, the video cited drowning as the number one killer of children under five years, described effective supervlsion of children, recommended safety measures such as non-climbable, five foot fences/ walls, self-closing and latching gates, locked household doors and windows, door alarms, motion detectors, an assigned adult water watcher when a pool is in use, emergency rescue techniques and CPR. Captain Brown provided packets of information to the Council. RECONSIDERATION - APPROVAL OF AGENDA Brown moved, second by Fulton, to consider Item "D" before Oral Communications, and approved the revision of the agenda to reflect same. I AYES: NOES: ABSENT: Brown, Campbell, Fulton None Forsythe, Hastings Motion carried RESOLUTIONS NUMBERED 4611 and 4612 - COMMENDING GEORGE EDWARD GOODBAUDY and CARLO DAMON DELORENZIS - BOY SCOUT EAGLE AWARDS Resolution Number 4611 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING GEORGE EDWARD GOODBAUDY FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD" and Resolution Number 4612 was presented entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING CARLO DAMON DELORENZIS FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD." By unanimous consent, full reading of Resolutions Numbered 4611 and 4612 was waived and unanimously adopted by those present. I ITEM "D" - VIETNAM VETERANS OF ORANGE COUNTY - POW/MIA FLAG DISPLAY Mr. Bob Kakuk, representative of vietnam Veterans of Orange County, said he was speaking on behalf of all POW/MIA's throughout the United States, more specifically the 78,751 of World War Two, 8,177 of the Korean war, and 2,123 of the vietnam war, all of whom must be remembered every day of the year. He requested that Seal Beach fly the POW/MIA flag year round, naming other cities that do so, many of which also pay for the flags they fly. Mr. Kakuk presented the City Council with its first POW/MIA flag. Mayor ProTem Brown said it was an honor to accept, and as Commander of the American Legion Post in Leisure World stated he would work to encourage all cities to fly the POW/MIA flag. Mr. Jack Nevin, Leisure World, was introduced and announced that American Legion Post 857 is anticipated to be established by April 28th to meet at Building 6 at the Naval Weapons Support Depot, there are 4-13-98 currently ten members and there is need for at least five more, and invited anyone interested to call. Mayor ProTem Brown noted that the new Legion Post is primarily for Vietnam and Korean veterans. Councilmember Campbell commended Mr. Kakuk for his service to this Country, the Vietnam Vets in particular did not receive the recognition deserved. Brown moved, second by Campbell, to accept the POW/MIA flag and that it be flown on a daily basis. I AYES: NOES: ABSENT: Brown, Campbell, Fulton None Forsythe, Hastings Motion carried ORAL COMMUNICATIONS Mayor ProTem Brown declared Oral Communications open. Mr. Charles Antos, 12th Street, was duly sworn by the Clerk, as requested. Mr. Antos stated he was speaking under oral communications in that his request to place a subject on the agenda was determined to be an issue only with persons in the community and not within the jurisdiction of Council. Mr. Antos noted also that there are no minutes of the last Council meeting where he had addressed the Council on this same issue, therefore he has no knowledge if his comments will be included in those minutes, and requested that his comments at this meeting be made part of the minute record. Mr. Antos said this is in regard to events leading to the March 24th election, he made a police report based upon information that came to him about telephone calls to his supporters that he had dropped out of the City Council race and was throwing his support behind Candidate Boyd, in return, supposedly to be appointed to the Environmental Quality Control Board assuming that candidate was elected. He alleged that all of this started on the Thursday before election, after appearing on the Rick Paap Show with the other Council candidates he was approached by Councilmember Campbell and asked if he would consider withdrawing from the race, put his support behind Candidate Boyd, and if so she would support his appointment to the EQCB, to which Mr. Antos said he did not agree, the following night he received a call from Candidate Boyd making reference to the prior conversation, said he again did not agree to withdraw, on Saturday morning the calls began that he had or was in fact going to withdraw. Mr. Antos said he made a police report that day, was told that police reports relating to election issues go to the City Clerk, that the Orange County Registrar of Voters has no authority over local elections, he was told the report did go to the City Clerk who in turn referred it to the City Attorney, yet no one bothered to go further and contact the District Attorney, rather, he did, the District Attorney requested a copy of the police report, he has not idea whether the City Attorney has finished any investigation undertaken or that results thereof may be available. He alleged that if he had not gone to the District Attorney the entire issue would have been forgotten, and since local elections are under the authority of the City Clerk and if the Clerk chooses to not take any action, that seems to send a message that one can do most anything in a local election because the city will take no action. Mr. Antos asked what the City Attorney has done, whether Codes other than the Elections Code have been looked at, as he has been advised calls that not only the Elections Code but provisions of the Penal Code, the Constitution, and the Charter apply in his case. Mr. Antos stated he does not intend to drop this issue, will continue to turn information over to the District Attorney, however he would think that the Council should I I 4-13-98 I refer this to the City Attorney for investigation and report of findings to the District Attorney. Mr. Antos said if this is allowed to happen this time then it will go on the next and next time, and in the nomination process why bother to sign the declarations that one will abide by the Elections Code and Fair Political Practices. At the request of the Mayor ProTem, the City Attorney explained, as had been in the past, that there are two bodies in this State that enforce or investigate campaign allegations or violations, the Fair Political Practices Commission and/or the District Attorney, there is no information as to whether the District Attorney is investigating this complaint, however in this case the District Attorney is the appropriate body, not the City. Dr. David Hood, Wisteria Street, expressed his pride to live in the only Council district that has elected its Council representative twice in the past two years, by fifty-nine percent in 1996 and sixty-three percent in 1998, an appreciation for her hard work. Dr. Hood said now that the recall effort is over differences need to be put aside and work together for the good of the community, there is a developer who wishes to develop his land, some development is certainly the right of the property owner, the vision of the property owner for Seal Beach is motivated by potential profit, the vision of residents is values and what is to be saved for the future, therefore it is important that all work together to ensure that any development is consistent with the resident's vision, all must unite in order to shape whatever development plan the Bixby Company proposes, to protect the values that attracted everyone to Seal Beach. He noted that the olive branch is a symbol of peace, full of hope and promise, the giver and accepter indicating their desire for peace, whereupon Dr. Hood brought forth an olive branch which he passed on to those seated in the audience to be handed off to one another. Mr. Dave Bartlett, representing Hellman properties, expressed appreciation to the Council, staff, and the community for the unprecedented support at the Coastal Commission hearing, it is felt that had a most positive impact, however the hearing has been continued until June in Santa Barbara, and encouraged all who can attend to do so. Mr. Marty Mahrer, College Park East, made reference to a provi~ion of the approved cable franchise ordinance that requires the cable contractors to leave an area in the same condition as it was initially, to which he reported a crew cut out two sections of concrete and replaced that with asphalt in the 3600 block of Oleander, one area now depressed some three inches, and disputed a prior statement that there would be inspectors on site. The Director of Public Works confirmed that Comcast is doing work in the City, stated they are being monitored, there is follow-up for each permit, the asphalt patch may be temporary until they have the opportunity to replace the concrete as holes can not be left open, on Oleander there was an area of cross gutter that had to be removed and will be replaced. Mayor ProTem Brown requested the Director to meet with Mr. Mahrer, inspect the area referred to, and be prepared to report back at the next meeting. Mr. Jim Sokoloff, Seal Beach, referred to the Americans With Disabilities Act as the law of the land where no local jurisdiction can amend or postpone its provisions. He complained that on Monday night, he attempted to park in his private designated disabled parking place however there were four trash bins there instead, he questioned why four, why were they blocking his private parking space, where are the bins going to go, because in Old town there are alleys, aprons, garages, a committed thirty-six inch rear emergency access, which these refuse cans impact. Mr. Sokoloff I I 4-13-98 complained that neither the City or the refuse contractor did an environmental survey on the impact of these cans on the emergency access, called for this to be resolved or that there be a class action commenced. Mayor ProTem Brown requested the Manager to look into this concern. Mr. Gordon Shanks, Surf place, offered that the statement of Mr. Bartlett was understated, and pointed out that there were at I least fifty people from Leisure World in attendance at the Coastal Commission hearing, they stayed the entire day, a total of probably a hundred or more, there were statements made to the Commission by persons from Leisure World, councilmembers, staff, residents of the community, an extraordinary effort by all to convince the Commission that this is not an area comparable to others, rather, an area where wetlands have been totally abused. Mayor ProTem Brown likewise expressed his pride in the citizens of Seal Beach that spoke to the Commission in unison about a project they believe in. Mr. Reg clewley, Catalina Avenue, made reference to the March 18th Planning Commission agenda and the agenda forecast for April 8th where it was expected there would be a staff report regarding existing decks constructed on the Hill without permits, that carried over from the January 21st meeting, it now appears that that did not appear on the April 8th agenda nor is it scheduled for a future meeting. He referred to a recent news article relating to a quote of the Planning Commission Chair regarding Code enforcement as a problem and building permits issued in error, he made reference also to the Hellman Specific plan Addendum Five, mitigation measure CR-3 gives jurisdiction over grading permits to the Director of Development Services, to which he objected. The time limit for the first Oral Communications I having been exceeded, Mayor ProTem Brown declared Oral Communications closed. BIXBY DRAFT EIR - ENVIRONMENTAL QUALITY CONTROL BOARD - PROGRAMMING POLICY Councilmember Campbell requested that the hearings relating to the Bixby Draft Environmental Impact Report before the Environmental Quality Control Board be televised, stating this is an important project to the City, there are people who can not attend yet would like to see the content of the hearings. Mr. Lionel Okin, Leisure World, requested support for the televising of the entire hearings, not just the opening. Mr. Frank Laszlo, College Park East, also expressed support for televising the EQCB hearings, in his opinion the entire community has an interest. Mr. Bill Hurley seconded the expressions on this matter, citing the importance of as many persons as possible having the opportunity to see the initial presentation. Mr. Gary Marshall, Rossmoor, said although he does not live in Seal Beach he is close to the proposed Bixby development, after reading recent news articles there appears to be a lot of misinformation, many people are not aware or clear on the proposed plan, in his opinion the public has a right to all information that I pertains to a development that may adversely impact their environment, and unless there is an alternate site in which to hold the EQCB hearings he would doubt that this Chamber could accommodate the people. Mr. Gordon Shanks, Surf Place, stated his support for televising the EQCB hearings, however suggested that consideration be given to televising the presentation by the EIR consultant, conclude the taping at that point, hold the item over until the next meeting, that will allow people time to understand the plan to some degree and to then obtain the EIR document or reports from City Hall from which more knowledgeable questions and comments can be 4-13-98 I made at the hearings. Ms. Donna McGuire, EQCB Vice Chairman, noted that if the consultant, Culbertson Adams, makes a presentation at the first meeting, the EQCB would have only twenty-one days to review the DEIR and respond, the DEIR will also be available to the public during that time period for review prior to that first meeting, therefore to delay a month may not be feasible because of the time frame issue. Ms. McGuire said in January the EQCB discussed, subsequently took to the City Manager, the desire of the Board to reach as many persons as possible with the Bixby public hearings, primarily because of the amount of misinformation. She noted that the president of the Rossmoor Homeowners Association put together a program just for information of the public in that people had no idea what was taking place with regard to the Bixby property as there were for sale signs, etc., also given the well educated residents of Seal Beach and Rossmoor they have the ability to understand the process if someone explains it to them. Ms. McGuire said until a couple of weeks ago her understanding had been that the EQCB hearings were to be public access produced, that that had been agreed upon, it was meant to educate the public, a presentation of data by the EIR consultants where questions can be asked and clarifications given, the EQCB will also be holding a second hearing prior to the response to comments. She said both hearings were meant to be televised, the comments of the experts as well as the educated public should be heard by all, and questioned why televising the EQCB hearings has become an issue. Mr. Mario voce, Catalina Avenue, mentioned his participation on the EQCB for about eight years, their meetings are generally not broadcast yet given the interest in the Bixby proposal possibly they should in this case, also, a tape can be made for rebroadcast in Rossmoor, what staff needs at this point is approval of funding for the televising of the EIR proceedings, direction, or simply approval. Mr. Marty Mahrer, College Park East, mentioned a concern of censorship, questioned if the meaning of PEG access is understood, broadcast of the hearings would qualify as both public and government access, and should the Council vote against such broadcasts in his opinion there is potential for litigation, the reluctance to such broadcasts is not understood, the cost would be little or nothing, the broadcasts in this case is not precedent setting, it is for information of the public. Dr. David Hood, college Park East, noted that a recall effort has just concluded, that effort based to a large degree on the fact that people did not seem to understand what was going on, claims that information was not being disseminated, asked what the cost of the recall was, does the City want another, the broadcasts would be an easy means to assure that everyone has information, this development is closest to the district that was subject to the recall, possibly the olive branch should have been passed on to the Council. Ms. Sue Corbin, Seal Beach, said the process was her greatest objection with the Hellman project, alleging that a Councilmember negotiated with the property owner without any authority to do so, and claimed that what was approved at the City level was not what the Coastal Commission considered. She said the point is that there needs to be light on the subject matter, participatory democracy, keeping the people out of the process is not acceptable. Mayor ProTem Brown said he suggested to Councilmember Campbell that this subject be continued to the next meeting given the absence of two Councilmembers. Councilmember Campbell responded in the negative, requesting a decision at this meeting. She stated this is a request for only two meetings of the EQCB to be I I 4-13-98 televised, the presentation by the EIR consultant, there is need to get accurate information to the public, important also that the public hear the questions asked and responses, if the City paid for the two broadcasts the cost would be no more than $500 however it is understood that it would be done ~y a producer volunteering his time, and emphasized that it is important that the meetings be aired live. Councilmember Campbell moved to approve the two televised broadcasts of the Environmental Quality Control Board public hearing on the Draft Environmental Impact Report. There was no second to the motion. Mayor ProTem Brown suggested this matter be considered by the full council at the next meeting. Councilmember Campbell questioned why this issue is even being considered by the Council, it is a matter that the Cable Foundation should decide. I CONSENT CALENDAR - ITEMS "F" thru "u" Fulton moved, second by Brown, to approve the recommended action for items on the Consent Calendar as presented. F. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. G. Received and filed the staff report relating to the Orange County Council of Governments Draft 1998/99 OVerall Work program, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. H. Received and filed the staff report relating to the Orange County Council of Governments Air Quality Legislative Platform and Air Quality update, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. I I. Received and filed the staff report relating to the Orange County Council of Governments Draft Scope of Work for Livable Communities Project, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. J. Received and filed the staff report relating to the Orange County Council of Governments Draft Scope of Work for Recreation Access Study, Phase I, Building a Market profile, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. K. Received and filed the staff report relating to the Draft Project Work Plan, Non-Time Critical Removal Soil Remediation Project for Installation Restoration site 19, Building 241 Disposal Pit, authorized the Mayor to sign the I L. I 4-13-98 response letter thereto, and instructed staff to .forward this item to the Environmental Quality Control Board and the Archaeological Advisory Committee for information purposes. Received and filed the staff report relating to the Draft Project Work Plan, Non-Time Critical Removal Soil Remediation Project For Installation Restoration Site 8, Battery Shop Drainage From Building 235, received and filed the comment letter from the Environmental Quality Control Board, and instructed staff to forward this item to the Archaeological Advisory Committee for information purposes. M. Adopted Resolution Number 4616 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #680, 12th STREET REHABILITATION (OCEAN TO ELECTRIC) PROJECT, FY 1997/98, CONTRACT ENTERED INTO BETWEEN NOBEST INCORPORATED AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4616 was waived. N. I Approved regular demands numbered 18960 through 19208 in the amount of $477,403.20, payroll demands numbered 26338 through 26516 in the amount of $269,432.03, and authorized warrants to be drawn on the Treasury for same. O. Received and filed the Monthly Investment Report for February, 1998. P. Adopted Resolution Number 4617 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DESIGNATING CITY'S AGENT(S)." (State Disaster Assistance) By unanimous consent, full reading of Resolution Number 4617 was waived. I Q. proclaimed April, 1998 as "parliamentary Emphasis Month." R. Adopted Resolution Number 4618 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING THE 11th STREET SEWER REPAIR PROJECT TO BE OF URGENT NECESSITY FOR THE PRESERVATION OF A SAFE AND RELIABLE SANITARY SEWER SYSTEM." By unanimous consent, full reading of Resolution Number 4618 was waived. S. Approved the Police Department Reorganization plan and that implementation of Phase One commence immediately. T. Received and filed the staff report relating to the Final Action Memorandum and Responses to City comment letter regarding the Draft Action Memorandum/Removal Action Work Plan, Non-Time Critical Removal Action For Installation Restoration Site 8, Battery Shop 4-13-98 U. Drainage From Building 235, and instructed staff to forward this item to the Environmental Quality Control Board and the Archaeological Advisory Committee for information purposes. Approved the declaration of surplus property {City vehicles} and authorized staff to dispose of same through sale and/or auction. I AYES: NOES: ABSENT: Brown, Campbell, Fulton None Forsythe, Hastings Motion carried CITY MANAGER REPORTS There was no City Manager report. ORAL COMMUNICATIONS Mayor ProTem Brown declared Oral Communications open. Mr. Reg C1ewley, Catalina Avenue, again made reference to the March 18th Planning Commission agenda forecast which listed a forthcoming report regarding decks on the Hill constructed without permits, then an April 6th memo cites a light schedule for the upcoming meeting, the staff report is the same as before, the Brief matter was to have been agendized as well yet the final resolution was evidently not ready, to which he asked who has jurisdiction over staff to assure that matters are placed on the agenda in a timely manner, now, staff is seeking public input regarding the decks, there is no Code enforcement in this City, the deck and Brief matters are nine and eleven years old, charged that conditions are not enforced before building permits are issued, and called for commencement of an enforcement action with regard to the matters he spoke of. There being no further comments, Mayor ProTem Brown declared Oral Communications closed. I COUNCIL CONCERNS Councilmember Campbell expressed her disappointment in the Council not allowing the live broadcast of the EQCB Draft EIR hearings, that she would hold the Councilmembers and City Manager accountable, this a means of providing the public with correct information. Mayor ProTem Brown recognized, on behalf of Mayor Hastings, the Springfest Annual Event held on the past Sunday, sponsored by the Seaside Lions Club, Chairperson Barbara Wright. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, April 27th at 6:30 p.m. to meet in Closed Session if deemed necessary. The meeting was adjourned by unanimous consent at 8:39 p.m. clerk I Attest: