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HomeMy WebLinkAboutCC Min 1998-09-28 9-14-98 / 9-28-98 ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until September 28th at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 9:08 p.m. r// icio clerk Beach I Approved: Attest: Seal Beach, California September 28, 1998 The City Council of the City of Seal Beach met in regular adjourned session at 6:31 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Brown Councilmembers Boyd, Campbell, Doane Absent: Councilmember Yost Councilman Yost arrived at 6:32 p.m. Also present: Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF THE AGENDA Boyd moved, second by Campbell, to approve the order of the agenda as presented. AYES: NOES: ABSENT: Boyd, Brown, Campbell, Doane None Yost Motion carried CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the agenda, a conference with legal counsel to discuss an item of anticipated litigation pursuant to Government Code Section 54956.9(b), an item of public employee performance evaluation, City Manager, pursuant to Government Code Section 54957, and two potential cases of initiation of litigation pursuant to Government Code Section 54956.9(c). By unanimous consent, the Council adjourned to Closed Session at 6:33 p.m. and reconvened at 7:00 p.m. with Mayor Brown calling the meeting to order. The City Attorney reported the Council had I 9-28-98 discussed the items identified on the agenda, and that no action was taken. ADJOURNMENT By unanimous consent, the meeting was adjourned at 7:00 p.m. I Approved: L{~.f!!1~ Attest: Seal Beach, California September 28, 1998 I The City Council of the City of Seal Beach met in regular session at 7:05 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brown Councilmembers Boyd, Campbell, Doane, Yost Absent: None Also present: Mr. Barrow, City Attorney Mr. Whittenberg, Director of Develop~ent Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Ms. Beard, Recreation and Parks Department Mrs. Yeo, City Clerk I APPROVAL OF AGENDA Mayor Brown requested that Item "G" be removed from the Consent Calendar for separate consideration, Councilman Yost requested Items "0" and "p" removed, Councilmember Campbell requested Items "K, P, and L" removed, a member of the audience requested Item "K" removed and to speak to Item "C". The Mayor suggested that any comments from the audience to agenda items should be made under Oral Communications. Boyd moved, second by Campbell, to approve the order of the agenda as revised. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Ms. Seretta Fielding, Seal Beach Boulevard, resident for more than twenty 9-28-98 , years, stated support for the Musso family proposed project for the Shore Shop property that was rejected by the Planning Commission. She displayed a rendering of the project as well as photos of the Boulevard as it presently exists, stated the project would improve the Boulevard which is the true gateway to the City, and noted that the plan had no opposition from the residents. She claimed that the plan was rejected primarily for three reasons, the Hellman and Mitchell projects changed the General Plan as does most proposals, Mitchell was allowed to be both commercial and residential, stated the proposed plan is not a zero lot line project, there is zero on one side, six feet on the other which makes for a larger open space for a patio and walkway, and cited Riverbeach and Bridgeport as both being zero lot line areas. She offered that this proposal could spark something this City needs, and reported that petitions are being circulated in support, all residents of 17th Street have signed. Mr. Reg Clewley, Catalina Avenue, applauded the Planning Commission for their denial of the proposed Seal Beach Boulevard project, suggesting that this could probably be brought forth in line with something the people would like. To the comment that there was no opposition, Mr. Clewley said he had been out of town, and if the zero lot lines were removed and replaced with proper setbacks he might be able to support the project, everyone seems to want to destroy the building and zoning codes, and zero lot lines should be abolished. In reference to Item "C", expressing appreciation to the Coastal Commission for their six to five vote approving the Hellman project, Mr. Clewley said the Commission did the City a disservice by passing the project, the location for the Krenwinkle House should be wetlands, and claimed a year ago the membership of the Architectural Committee was reduced from twelve to six in order to push the Hellman project through. Mr. Gordon Shanks, Surf Place, offered his opinion that when the City Manager is out of town the Acting Manager should then attend the meetings, if for no other reason than to relay what took place. Mr. Bielinski, 17th Street, stated his support for the project proposed for Seal Beach Boulevard, said for some time it has been zoned for a mixed use however that did not result in upgrading the area as had been expected. Mr. Bielinski said he was pleased with the Musso proposal, and had hoped that once constructed others would opt to improve their properties as well. He submitted a petition in support of the project containing about ninety signatures, and asked for Council support of the project. Mr. Dennis Root said he was a twenty year resident of Seal Beach, has seen many City Managers come and go, some good, some bad, and along with his co-workers feels it is time for a new City Manager. Ms. Vanessa Joe, 17th Street, voiced her support for the project proposed for Seal Beach Boulevard. She offered that the zoning does not need to remain commercial, it is spotty and varied, other than the Shore Shop and the Bike Shop the street does not function as commercial, is not visitor serving, rather, more as a residential collector street. Ms. Joe spoke for approval of the project, it would increase property values, it is consistent with the concept of the General Plan and. compatible with the neighboring uses, and would start the long overdue process of improving the appearance of the Boulevard, garage access would be improved, the zero lot line concept has been successful in Bridgeport and Riverbeach, this project could also serve to prompt the City or the Base to improve the east side of the Boulevard with sidewalk and landscaping and greatly improve the 200 block. She mentioned having spoken with three homeowners backing the Shore Shop I I I 9-28-98 I property, they are in favor of the proposal, and since the Planning Commission did not approve the project, urged the Council to undertake its approval as it is a gateway to the City. Ms. Carla Watson reminded all of the Founders Day celebration upcoming on the weekend, a golf tournament, the parade and Day On The Green. Ms. Watson mentioned that the Concert in the Grove was great fun and thanked the Councilmembers who were able to attend. Ms. Mary Johnson described the festivities that will be taking place on the Greenbelt, the donated Abbey hats will be sold, the proceeds to benefit the pool, tee shirts as well, and Ms. Shelly Sustarsic said she looked forward to all of the Council participating in the parade. Ms. Watson noted the upcoming sidewalk sale on Main Street as well, a band, concert on the Green, food booths, etc., also invited the sponsorship of a hole for the golf tournament. Councilman Boyd thanked all of the members of the committee for their efforts towards Founders Day, and noted that the Concert in the Grove raised more than $1,000 which are funds to be matched. Mr. Stan Anderson, resident and business owner, spoke favorably of the proposed development for Seal Beach Boulevard, the staff felt it was a good plan, the residents felt it was good, and expressed his hope that the Council would see that it gets appropriate attention. He said nice homes would add much to the Boulevard, there have been efforts to upgrade the area as a business district, that did not work, now, the project proposed by the Musso family is welcomed. Mr. Anderson offered congratulations to the City for the efforts put forth to gain approval of the Hellman project by the Coastal Commission, everyone knows that that property needs to be upgraded, particularly with the golf course, homes, and restored wetlands. Mr. Anderson inquired as to the status of a clean up of the San Gabriel River, also, any study of how the sand can be kept on the beaches, and requested that the residents be kept informed. He concluded his comments by urging that the Musso development be allowed. Mayor Brown said it is understood that the Musso proposal is out of the hands of the Council until such time as there may be an appeal. The Director of Development Services explained that the Planning Commission has not yet finished their deliberations, they have concluded their public hearing indicating their intention to recommend denial of the project and will consider the finalized resolutions at their October 7th meeting, the General Plan amendments and zone change will come to the Council regardless of the Commission decision, the variance will come to the Council if an appeal is filed. To that, Mayor Brown suggested that those persons wishing to speak further regarding the proposed project either address the Planning Commission or postpone their comments until such time as an appeal may be filed. To the inquiry of Mr. Anderson relating to the San Gabriel River, Councilman Yost reported that the City Manager has been requested to obtain the permits from the power plant as to what is permitted to be discharged into the River, what the temperatures are, or the allowable amount of pollution, to that a response has not as yet been received. Councilman Yost noted that he has been meeting with Michael Balchin, President of the Surfrider Foundation, several ideas are being considered including a boom attachment, an attempt is also being made to develop a coalition to submit bills to agencies/facilities upstream that dump into the River and ends up on the beach. He said that is a start, is open to other ideas, also noted that this and other information has been linked to his web page, and invited calls or e-mail messages. Mr. Roger West, Electric Avenue, noted his misunderstanding that the Musso project was I I 9-28-98 being considered on appeal. He expressed his opinion that the area should remain commercial/mixed use, and that zero lot lines should not be allowed. Mr. Frank pryer, Seal Beach Boulevard, said he has owned the former animal hospital property for eleven years, since vacant he has tried to lease or sell the site for over a year, citing the area as not good for commercial. He spoke favorably of the project proposed, similarities to the Mitchell project on Pacific Coast Highway. Mr. Prior explained that the zero lot line concept is merely taking the three feet from one side and adding that to the three feet on the opposite side to make a six foot setback, in fact the zero lot line concept is good. He noted his ownership of over a hundred properties, buying and selling real estate, in fact leases pa.rt of the Rossmoor Center for a large company, when residential development is added that then increases the number of consumers. Mr. Pryer expressed support for the project. There being no further comments, Mayor Brown declared Oral Communications closed. I COUNCIL ITEMS REPRESENTATIVE - ORANGE COUNTY LIBRARY BOARD Mayor Brown stated his desire to appoint Councilman Boyd as the representative of Seal Beach to the Orange County Library Board. Doane moved, second by Campbell, to approve the appointment as stated. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried PROCLAMATION Mayor Brown read in part and proclaimed the 75th Anniversary of the Woman's Club of Seal Beach to which he noted having had the honor of presenting the Proclamation this past week. I RESOLUTION NUMBER 4652 - CALIFORNIA COASTAL COMMISSION - APPRECIATION Boyd moved, second by Campbell, to adopt Resolution Number 4652 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH EXPRESSING APPRECIATION TO THE CALIFORNIA COASTAL COMMISSION" (Hellman Project). By unanimous consent, full reading of Resolution Number 4652 was waived. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried CONSENT CALENDAR - ITEMS "D" thru "R" Campbell moved, second by Boyd, to approve the recommended action for items on the Consent Calendar as presented, except Items "G, K, L, 0, and P", removed for separate consideration. D. 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 reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. I E. Approved regular demands numbered 20752 through 20995 in the amount of $760,524.32, payroll demands numbered 1058 through 1223 and 27627 through 27628 in the amount of $160,564.66, and authorized warrants to be I I I AYES: NOES: 9-28-98 . drawn on the Treasury for same. F. Approved the minutes of the regular adjourned meeting of June 30th, 1998, and the regular adjourned and regular meetings of July 13th, 1998. H. Received and filed the staff report relating to the comments on the Mitigated Negative Declaration - Bolsa Chica Channel Improvements, County of Orange and Public Notice/Application No. 98-00638-YJC, U. S. Army Corps of Engineers, Los Angeles District, authorized the Mayor to sign the response letters, and instructed staff to forward this item to the Environmental Quality Control Board for information purposes. I. proclaimed October 5th through October 9th as "California Rideshare Week." J. Made the findings that the purchase of replacement water meter reading equipment is exempt from bidding in accordance with Section 2-25(c) and (f) of the Seal Beach Municipal Code which provides for purchasing when utilizing a sole source vendor and when it would be in the best interest of the City to dispense with standard bidding practices, the recommended equipment is available only through one vendor and it is in the best interest of the City to purchase this equipment to insure compatibility with the City's existing financial software, and approved the purchase of replacement water meter reading equipment at a cost not to exceed $10,686. M. Received and filed the staff report relating to the Seal Beach Weapons Support Facility Installation Restoration Program - Site Management Plan, and instructed staff to forward same to the Planning Commission, Environmental Quality Control Board, and Archaeological Advisory Committee for information purposes. N. Received and filed the staff report relating to Planning Update #1, Proposed EI Toro National Wildlife Refuge, and instructed staff to forward same to the Environmental Quality Control Board for information purposes. Q. Denied the claim of Mr. Jason Norvell for vehicle damages and referred same to the City's liability attorney and adjuster for information. R. Adopted Resolution Number 4654 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING FINAL BUDGET AMENDMENTS FOR THE 1997/98 FISCAL YEAR." By unanimous consent, full reading of Resolution Number 4654 was waived. Boyd, Brown, Campbell, Doane, Yost None Motion carried 9- 28-98 . ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G" - PROPOSED ORDINANCE NUMBER 1434 - PERMITTED SIGNS - RESIDENTIAL ZONES Mayor Brown requested that this item be referred back to the Planning Commission; held over until at least the second meeting in October. Councilman Boyd mentioned that he had supported the introduction of this Ordinance, however given further thought preference would be to not enact additional laws, he acknowledged that there is a provision of the existing ordinance that is constitutionally mandated to be removed, yet said he felt nothing further should be changed. Councilmember Campbell responded that the time limit for posting of signs was omitted, the proposed ordinance limits the size and the number of signs permitted on a property. Councilman Boyd noted that issue is with constitutional privilege. The City Attorney concurred that the ordinance could be referred back to the Planning Commission, the durational limitation is what was deemed to be unconstitutional, the square footage is presently in the existing Code, the new provision is the number of signs. Councilman Boyd expressed concern with imposing a limit on the number of signs one can place on tneir property, suggesting that the less regulation the better. A member of the audience, Mr. Clewley, requested to speak to this item, to which the Mayor advised that he had had that opportunity under Oral Communications. Yost moved, second by Campbell, to overrule the action of the Mayor and to allow the public comments. I AYES: NOES: Boyd, Campbell, Yost Brown, Doane Motion carried I Mr. Reg Clewley, Catalina Avenue, spoke for referring this item back to the Planning Commission, that he had asked previously that this matter be studied further, there is no need for more laws, if existing laws are not enforced they should be deleted until people complain. Councilmember Campbell explained that the only provision deleted from the existing ordinance was the duration for signs, another issue has arisen therefore it is being returned to the Commission, however pointed out that this subject was brought forward as a result of an overly large sign in her area during the election process to which she received numerous complaints. Boyd moved, second by Yost, ~efer this item back to the Planning Commission for further review. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried The City Attorney clarified the understanding that the Commission is to review the size and number of signs issues, and inasmuch as the dimension of signs is different in commercial areas, that will be looked at as well. I ITEM "K" - CITY MANAGER CONTRACT EXTENSION Mayor Brown requested that this item be postponed until later in the agenda. ITEM "L" - RESOLUTION NUMBER 4653 - FEDERAL SURPLUS PROPERTY - AUTHORIZING REPRESENTATIVES TO ACQUIRE In response to Councilmember Campbell, it was explained that it was an oversight that the Director of Development Services had been left off of the Resolution. Campbell moved, second by Boyd, to adopt Resolution Number 4653 as amended to 9-28-98 I include the Director of Development Services entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING CITY REPRESENTATIVES TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN SAID RESOLUTION." By unanimous consent, full reading of Resolution Number 4653 was waived. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried "0" - PLANS / SPECIFICATIONS - MARBLE COVE SEWER REPLACEMENT - PROJECT NUMBER 817 Councilman Yost noted for information of the public that this item is the approval of plans and specifications and estimates for the Marble Cove Sewer Replacement, a project long awaited. Yost moved, second by Boyd, to approve the plans and specifications for Project Number 817, Marble Cove Sewer Replacement Project, and authorized staff to initiate the public contract budding process. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried , I "p" - COMMUNICATION SITE LEASE AGREEMENT - COMCAST CABLEVISION Councilman Yost noted having received letters relating to special services and Valupak offered free of charge by Comcast Cablevision, however when the persons discontinued the services they were charged some thirty dollars to do so, and requested staff to look into this issue, possibly other complaints have been received. Yost moved, second by Boyd, to approve the Communication Site Lease Agreement between the City of Seal Beach and Comcast Cablevision, and authorized execution of the Agreement on behalf of the City. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried ITEM "K" - CITY MANAGER CONTRACT EXTENSION The City Attorney reported their firm was directed to prepare a draft agreement that extends the existing employment agreement between the City Manager and the City of Seal Beach, the document before the Council is a three year extension until November 12, 2001 of the existing contract with no other changes. Noting a member of the audience wishing to speak to this item, Mayor Brown again stated he had made it clear at the beginning of the meeting that comments to agenda items could be made during Oral Communications. Upon consideration by the Council, Boyd moved, second by Yost, to allow speakers from the audience a period of two minutes. I AYES: NOES: Boyd, Brown, Campbell, Yost Doane Motion carried Mr. Reg Clewley, Catalina Avenue, suggested a one year extension in that the City Manager has yet to make restitution for the brickwork and manpower at the front of his house, claiming that that project was done out of sequence and inappropriately. He claimed Code enforcement has not existed during his tenure, the handling of Hellman was inappropriate, as is Bixby, and said variances should be stopped at the staff level. Mr. Gordon Shanks, Surf Place, inquired if there is no action on the extension now, would 9-28-98 that have any effect on the City Manager's contract, to that Councilmember Yost advised it would be a one year automatic extension, and Mr. Shanks asked why that was written into the contract. Councilman Boyd stated that the Council, at this meeting, has the opportunity to express the intent to renew or not renew. Mr. Shanks expressed his belief that maybe a one year extension would be called for, however expressed concern that should the Council not have been available to take action on this contract that it would automatically extend for one year, suggesting too that the contract should be reviewed every year. The City Attorney clarified that the contract contains a forty-five day notice provision, which commences the following day until the end of the contract period, therefore if the Council were not to notify the Manager at this meeting there would be the automatic one year extension. Mr. Dennis Root inquired if the Council chose to not renew the contract would the City still be obligated to pay the one year severence. The City Attorney confirmed that as set forth in the agreement, the severance pay is one year salary. Mr. Root offered that he has never seen the employees at the Yard so unhappy, this because of the way things are handled, to continue emploYlnent for another three years would be a sad thing. Councilman Boyd said his thought is that extension of this contract and the process itself is not something that can be done all that quickly or with the City Manager not present, his input is needed as well, also, three members have not been on the Council all that long, have only had a short period of time to work with the Manager, however that would not preclude the Council from making a reasonable judgement regarding his qualifications and abilities. He recommended that an intent be indicated to renew or not renew, then during the fo~ty-five day period, if the choice is to renew, an extensive evaluation process should be undertaken of his performance, should include evaluation of the past years performance based upon the goals established by the previous Council, p~ojections made for the coming year, along with his cooperation and consensus of the Council, to set key performance indicators based upon the goals for the year, then the contract can either be approved or denied based upon that review, again, review his progress, performance, and future objectives, his belief is that this should be a pay for performance situation, no matter whether a public or private entity, again, if the intent is to extend, that the goals be factored into the terms of the contract, if those goals are not met then there is either no employment or he does not meet the performance requirement for pay. As a point of clarification, Councilmember Campbell stated her understanding that the Council could determine to look at the contract and upon the performance review could then decide whether or not to renew. The City Attorney again explained that the contract would automatically renew for one year unless there is a Council action this evening. Councilman Boyd said regardless of how long the contract may be extended, the point is that the past performance of the Managerneeds to be reviewed, then establish goals, and factor those goals into the terms of the contract, yet the Manager may choose to not renew the contract based upon the goals that are set. Councilman Doane asked if the evaluation form could be discussed inasmuch as it was presented in Closed Session, to that the City Attorney responded that the form, the categories, and questions could be discussed, not the responses. Councilman Doane complimented Councilman Boyd for presenting the evaluation form, suggesting that it should be included in whatever decision the Council makes at this meeting, the Council will have the opportunity to review it, I I I 9-28-98 I possibly make modifications, and inquired if there is any other evaluation system currently in place. The City Attorney said a similar form was used by the Council last year, thought to have been prepared by then Councilmember Forsythe. Councilman Boyd noted that it was actually prepared by the City Manager, a fifteen point document with an evaluation on a one to five scale. The Mayor said he believed the form he completed was prepared by Mrs. Forsythe, however that lacked specific goals and measurements, which is something felt to be a good idea for evaluation purposes. It was clarified that this would be an individual evaluation by each member of the Council, then compiled collectively in Closed Session for placement in his personnel file, a more extensive evaluation to determine if the goals have been met, a method of assuring his continued employment as well as determination of a merit increase. Councilmember Campbell suggested review of this form and the one used last year, within about a week return it to the City Attorney, the Attorney can review, return it to the Council for the next meeting. Councilman Yost said it is rather basic on a one on one basis to set goals for someone and an evaluation process, but part of working within a system and with a manager and evaluating his performance is something concrete, there is need to show reasons, show cause, give a chance to improve performance, the Council needs to work on a system that does that, this does, and he supports it. Councilmember Campbell inquired why this matter is to the Council so late. Councilman Boyd responded that it is likely the Council that was remiss, this should have been considered a month ago, the Council should not wait for the Manager, one of the problems with the a Council/Manager form of government is that the Council relies on staff to provide information. Mayor Brown suggested that this should be calendared for about September, 1999. I Councilman Boyd moved to express the intent to extend the contract for a period of two years, stipulated that within the next forty-five days the Council will enter into negotiations to consist of review of past performance, definition of goals and objectives set forth by the City Council for 1998/99, that those conditions be approved by the Council collectively, to be considered the last meeting in October. Councilmember Campbell requested to amend the motion for a period of one year. Councilman Doane seconded the motion of Councilman Boyd, reflecting the intent of two years, for the purpose of discussion. Councilman Boyd stated his belief that this is a reasonable course to notify of the intent to renew, yet the Council wishes to set forth some goals, incorporate certain language into the contract, basically to continue his terms of employment, allows a greater leverage to ensure that what is desired or directed is being done, essentially, the terms of the contract is then his performance. I In reviewing the contract, Mayor Brown asked if it would be allowable to delete the provision whereby at the end of the contract period or for lack of performance, there would be no one year payout, thus this would become an extension of an amended contract. The City Attorney advised that could become part of the motion. Councilman Boyd included the request of the Mayor as part of the motion. Councilman Yost seconded the amending motion. Councilman Boyd said his intent is to assure that the objectives set by the City Council are being met and that the tax dollars of the citizens are being well spent and managed by a competent 9-28-98 individual. The Mayor offered his belief that if the Manager is given proper direction and motivation he will respond and become the kind of City Manager that the Council desires. As to background relating to the severance pay, the City Attorney explained that the initial contract was three years and the severance pay was for the remainder of the term until a certain date, after two years of the contract there was a one year severance package, and should the motion pass it is clear that the Council wants to relook at the severance package. I Councilman Boyd reiterated that the motion is to indicate . intent to extend the contract for two years subject to negotiations and terms of the contract being amended. The severance package was specifically mentioned, as was a performance based evaluation system. It was noted that the amendment to the original motion had been seconded, there was no second to the motion of Councilmember Campbell. It was again stated that the intent is a two year extension, at the October 26th meeting the Council, after having met in Closed Session with regard to individual performance evaluations, goals and identified key performance indicators, perhaps add or delete terms and conditions of the existing contract. The City Attorney clarified that the Council may change any term of the existing contract, for the record the severance package was identified specifically, that in addition to any other provisions. Councilman Boyd stated once again that the Council has a legal obligation at this meeting to either indicate intent to renew the contract or not renew otherwise the contract automatically renews for one year, the options therefore are to terminate, allow the contract to automatically renew, or indicate intent to renew and enter into negotiations to amend the contract, also, the Manager may request more or less years or may not accept the contract. The City Attorney stated in that case the Manager would receive the one year severance package. I Vote on the original and amended motion: AYES: NOES: Boyd, Brown, Doane, Yost Campbell Motion carried CITY MANAGER REPORTS There were no City Manager reports. ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Mr. Gordon Shanks, Surf Place, made reference to persons wishing to speak to items, noted that the Council and public may request items removed from the Consent Calendar, however in the case of the public it seems as if they are only allowed to speak to the item they remove. Mayor Brown said his request had been that anyone wishing to speak to any item on the Consent Calendar or agenda do so under Oral Communications, the intent was for this meeting only. Councilman Boyd added that the Mayor has the ability to make a ruling to allow comments under Oral Communications prior to the Consent Calendar items being pulled rather than communications at the time of passage of the Consent Calendar. In an attempt at clarification, Mr. Shanks asked if Councilmember Campbell removes something from the Consent Calendar will he have the opportunity to speak to the item if he did not remove it first. The Mayor said he would not attempt this procedure again, and Councilman Yost noted that the Council can overrule the procedural action of the Mayor. Mr. Clewley, I 9-28-98 I Catalina, charged that everything is being lumped under Oral Communications for public comments, said items should not have been passed so frivolously, things should not be listed under Council Items. Mr. Clewley asked that the contract of the City Attorney be placed on the next agenda for review prior to its expiration in December. It was denied that the City Attorney contract expires in December. Mr. Clewley called attention to the speaker lights which he deemed to be a constraint, and said they need to be used equally for proponents and opponents of an issue. Mayor Brown responded that no speaker is given more time than another. Councilman Boyd said he did not care for the speaker timing device, it appears to have been expensive, an egg timer would have done just as well, and committed to allow everyone equal speaking time. There being no other comments, Mayor Brown declared Oral Communications closed. I COUNCIL CONCERNS Councilmember Campbell inquired as to the source of the speaker timing device. Mayor Brown said it was he who requested it, offered to pay the cost thereof, the device is felt to be appropriate to provide equal time to all speakers, and is similar to timing systems of other City Councils. Councilman Boyd said there is no intent to have the Mayor pay for this device. Councilman Doane suggested using the timer for every meeting. He also noted he has been made aware that Leisure World is now on the Internet, there is a Leisure World home page and a bulletin board, and offered to provide information relating thereto to anyone interested. Mayor Brown said he has learned that a group from Cal State Long Beach is going to provide computers and a Senior Internet program, this will be in addition to the existing Computer Club, there is a program at Coastline Community College as well, it would be well to tie 'the two together. Councilman Yost noted that a response relating to the San Gabriel River was made during Oral Communications. He too thanked specific people involved in the Gum Grove Park group, the Concert in the Grove was a wonderful event, and more events are anticipated in the future. He mentioned the opening of school, efforts have been made to improve traffic in the vicinity of McGaugh School, a flier was sent to parents, signs are in place, landscaping has been added across from the School, all an effort towards traffic calming, and there is an increase of police presence to assist children getting to and from. Councilman Yost made reference to a news article relating to the City of Huntington Beach possibly allowing oil tankers to dock off-shore, that would be a concern to Seal Beach as it relates to the coast and shoreline, requested staff to look into it, letters of protest may be necessary. He announced having a newsletter on his website and his intent is to update it weekly. With regard to the Marina Shores development, there was a demonstration against held yesterday, it is understood that the project is back to the bed and breakfast at the Marine Bureau site, this project needs to be watched. As to Hellman, additional permits are going to be sought such as the Federal Open Water Permit, and other details are to be resolved. He announced that as part of Founders Day festivities he and his wife will be hosting a volleyball tournament on October 25th, also that he would be away from October 10th through the 18th to attend the American Society of Anesthesiologists and Society for Pediatric Anesthesia Conferences. Councilman Boyd reminded all interested persons that there will be a discussion on October 12th with regard to proposed traffic calming improvements on Central Avenue. I 9-28-98 I 10-12-98 He encouraged everyone to participate in and enjoy the Founders Day activities this coming weekend, and thanked the attendees of the Concert in the Grove. Mayor Brown said he will either ride with the American Legion or in the Fire Truck or both for the Founders Day parade, thanked all for their efforts to organize the parade and activities, and he too invited everyone to participate. Mayor Brown announced that he will be away as well from October 10th until October 19th. I ADJOURNMENT By unanimous consent, the Council adjourned the meeting until Monday, October 12th at 6:30 p.m. to ~!et in Closed Session if deemed necessary. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 8:30 p.m. Appr~d, .-4 Attest: I Seal Beach, California October 12, 1998 The regular adjourned meeting scheduled for 6:30 p.m. this date was canceled due to the lack of Closed Session items requiring consideration. Seal Beach, California October 12, 1998 I The City Council of the City of Seal Beach met in regular session at 7:04 p.m. with Mayor ProTem Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Campbell Councilmembers Boyd, Doane