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HomeMy WebLinkAboutCC Min 1998-05-22 5-19-98 I 5-22-98 Doane. ADJOURNMENT It was the consensus of the Council to adjourn the meeting until Friday, May 22nd at 4:00 p.m. for a workshop to review City Council meeting procedures. By unanimous consent, the meeting was adjourned at 8:03 p.m. Approved: Attest: I seal Beach, California May 22, 1998 The City Council of the City of Seal Beach met in regular adjourned session at 4:07 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. I ROLLC~L Present: Absent: Mayor Brown Councilmembers Boyd, Campbell, Yost Councilmember Doane Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk WORKSHOP - CITY COUNCIL MEETING PROCEDURES Mayor Brown stated that the purpose of this session was merely to discuss and come to some consensus with regard to the desired procedures for the conduct of Council meetings, keeping in mind the Bixby and Hellman issues that will be forthcoming. The following is an overview of comments made: * * With regard to a time limitation for oral communications, the current five minutes was suggested to be retained 1 noted that persons have the opportunity to speak at the second oral communication 1 suggestion was made that the second oral communication be limited to three minutes. I With regard to form public hearings, legal opinion was that persons should make their comments during the public hearing for incorporation into the record, however if someone chooses to speak during oral communications instead they must be allowed to do so. I I I 5-22-98 * Desire was raised that a time limit be adopted for the meetings, possibly 11:00 p.m., similar to the Planning Commission where they take no further business after a certain hour, it was noted that in cities that have such limit some require a motion and vote to waive the time limit. * Again with regard to limitation of speaking time, it was noted that in most cases that applies to speakers in general however the principal of an issue is allowed a greater time. * When procedural rules are not followed that is when problems arise. * Suggestion was made that persons wishing to speak at a hearing be required to fill out a card, and should they desire to go over the time limit, note the request to do so and why. * Preference was voiced that all speakers, whether under oral communications, a public hearing or whatever, be held to the five minute limit, the exception would be comments of a principal or applicant, opinion from a legal standpoint would be a further exception to allow as much time as necessary when hearing a conditional use permit, variance, subdivision map, etc., acting in a quasi-judicial capacity, other than the exceptions the five minute rule is considered to be reasonable. * To the question of a person g~v~ng their five minutes to another speaker, the response was emphatically no. * With regard to requests of the public to place items on the Council agenda, it was strongly urged that the person contact their Council representative to request an item on the agenda, the Councilperson can make a better determination of the appropriateness of an issue, the current system is one that works, there is also the ability to address an issue under oral communications. * Again with regard to speaker cards, concern was voiced that that would be confusing to the public, to that it was suggested that possibly cards be used only for large hearings. * Objection was raised to the proposal to use speaker cards, this a small community, it is better to simply allow people to come and speak, to require for some hearings and not others would invite challenge that all are not treated the same. * Speaker cards may allow the Council greater latitude to address an issue if there is knowledge of what the person is speaking in regard to, or do some research prior to the time of response. * Legal counsel acknowledged that speaker cards and other varied mechanisms are used in other cities, 5-22-98 confirmed that it does take the public some time to become accustomed to them; confirmed also that a person could complete and submit a card at any time during the meeting; some cities have a rigid deadline for submittal of cards, that does not seem to work. I To a concern that Rossmoor residents may fill the Seal Beach Council Chambers for the upcoming Bixby hearings, leaving local residents outside the Chambers, legal opinion was that anyone is entitled to attend and to speak no matter where they are from. * Consensus of the Council to the city Attorney was to draft an amendment to Council procedures to establish a 11:00 p.m. meeting deadline, similar to that of the Planning commission whereby after a certain hour no new business is considered, and that waiver of the deadline, for a short period of time, may be accomplished by motion of the Council. * With regard to a large public hearing, it was confirmed that a change in the order of an agenda can be done; a time certain can also be established up to which public comments and regular business items would be considered I the Mayor, with the cooperation of the City Manager, can adjust the flow of the agenda; meetings can also be continued to another day. It was determined that the issue of sign up cards would be postponed given the varying opinions; * There was an understanding that after a first speaker all others will be allowed to speak before a first speaker will be permitted to speak a second time. * I * * Request was that responses or answers be given when a question is asked, if possible, a response not held until the end of a hearingl scenario was posed that an answer is sought in the midst of the five minute period, is the speaker allowed the remainder of his five minutes; recommendation from a legal standpoint was that at the end of the five minute speaking time a response may be given; to that the concern was that the speaker would then have additional questions; there appeared to be agreement that it would be best if inquiries can be answered upon conclusion of comments by the speaker, if possible; procedurally, there is the ability for the chair to use discretion; the intent of a public hearing is to receive input for the record and to aid in the decision making process, the public should be made aware of that intent, and should not expect to have all questions answered; concurrence was indicated, however, whatever policy should not be inflexible; suggestion was made that persons be requested to rephrase their inquiries as a statement. I * There appeared to be a consensus that all inquiries should be through the chair, likewise, I I I 5-22-98 responses are at the discretion of the chair and Council. * Suggestion that an informational sheet be prepared for information of the public describing the intent of a public hearing, the time limit allowed for speaking, hearing procedures, etc. * Once a speaker commences his allotted five minute presentation, there should be no interruption. Complaint that Friday delivery of Council agenda packets does not allow adequate time for review as compared to Planning Commission where the time period is from Friday until Wednesday; to an inquiry of moving Council meetings to Tuesday, a member of the Council and the City Attorney responded there is a conflict of meetings; suggested that if an important item is prepared prior to packet delivery it would be delivered earlier. * * With reference to Section 12(c) and (d) of Resolution Number 4001 relating to inappropriate remarks of persons addressing the Councilor disorderly conduct, the Mayor offered that his preference would be to call a short recess and that the ability of the individual to speak at that meeting would be canceled; it was noted that if the conduct were to persist the Chambers could be cleared and the meeting continued with only the press in attendance; preference was to first remove the speaker; slanderous statements will not be permitted; this Council wants to work with all persons cooperatively. * There are times when the Mayor must take other members of the Council to task, in turn, if there is disagreement with actions of the Mayor, a motion may be made to overturn a decision of the Mayor; to that it was recommended that first a recess be called; to a suggestion that the City Attorney act as parliamentarian it was emphasized that the Mayor runs the meetings, not the City Attorney; as to Section 13 of Resolution 4001, the rules of decorum does allow for the Chief or a police officer to act as Sergeant at Arms, possibly that would be desirable on certain occasions. * Mention was made that names and addresses have not been consistently required of speakers, as is required by Resolution 4001; concern was expressed with regard to divulging a residence address; to that it was stated that a name and address can be requested yet can not be required; suggestion was made that an address could be just a street name, area, city, district, or whatever. * It was stated that customer service to citizens is primary, in future weeks serving a customer of the City is going to be the goal. * To a suggestion that the Bixby and Hellman issues be heard at either an adjourned or special 5-22-98 * meeting, there was some tentative agreement indicated. The Council affirmed their intent that during a public hearing process, eSP7c~ally Bixby 0: . Hellman, to respond to inqu~r~es and quest~ons ~f they can be easily or reasonably answered, if a more complex response is necessary for others that may be done at a later time1 as to regular meetings and oral communications questions and inquiries will likely be referred to staff for a later report or response. I COUNCIL CONCERNS DISCUSSION - TENTATIVE MAYORAL APPOINTMENTS Sanitation Districts Mayor Brown as representative, Councilman Boyd as alternate representative. West Oranqe County Water Board Councilmember Campbell as representative, Councilman Doane as the alternate representative. Southern California Association of Governments The Mayor noted that the Association meetings are in the Los Angeles area, this City has rarely attended, this phase of regional government is interesting yet time consuming. No tentative appointments were made at this time. I Leaque of California Cities - Oranqe County Division Mayor Brown as representative, Councilmember Campbell as alternate representative. Mayor Brown encouraged all members of the Council to attend the Division meetings. Santa Ana River Flood Protection Agency Councilman Yost as representative, Councilmember Campbell as the alternate representative. Orange County Vector Control District Councilman Yost as representative, Councilman Doane as the alternate representative. Orange County Fire Authority Councilman Boyd as representative, Mayor Brown as the alternate representative. Councilmember Campbell reported rece~v~ng an update at the Land Use Commission meeting as to the status of the El Toro Reuse Plan, of which there are alternative sites, the Los Alamitos Armed Forces Reserve Center being one, to her question as to why it was listed as a consideration, the response was they had to pick something, the concern is that South Orange County is not content to just say they do not want the airport at El Toro, they are trying to push it to this area, and to that she expressed her opinion that it is important that Seal Beach participate in the Orange County Regional Airport Authority. The Manager offered that there may be some policy implications with involvement with the Regional authority, possibly there should be local discussion on this matter. Councilmember Campbell said she would like this Council to take a position on the El Toro issue, noted that Peggy Ducey of Newport would be willing to discuss the matter with Council, again, her concern being Los Alamitos as I 5-22-98 / 5-26-98 an alternate site. Councilman Boyd offered that if someone where to come and speak in support there should likewise be someone of differing views, therefore it may be best to utilize staff to obtain available information to assist the Council in determining if they choose to take a position or not. I At the conclusion of further comments, the Council determined to hold a workshop on June 4th at 4:00 p.m. for a preliminary overview of the 1998/99 budget. Given the new Council, Mayor Brown mentioned that possibly consideration should be given to reconfiguring the membership of the City's boards and commissions at some point in the near future. with regard to the Hellman project, it was announced the continued hearing before the Coastal Commission will be the second Wednesday in June in Santa Barbara. ADJOURNMENT After brief comments, it was the consensus of the Council to adjourn until Tuesday, May 26th, the day following the Memorial Day holiday, to meet in Closed Session at 6:15 p.m. if deemed necessary. By unanimous consent, the meeting was adjourned at 5:37 p.m. I Q C' Y Clerk and ex-of C of Seal Beach Attest: Approved: Seal Beach, California May 26, 1998 I The City Council of the City of Seal Beach met in regular adjourned session at 6:17 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. R~LC~L Present: Mayor Brown Councilmembers Boyd, Doane, Yost Absent: councilmember Campbell Councilmember Campbell arrived at 6:40 p.m. and joined the Council in Closed Session.