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HomeMy WebLinkAboutCC Min 1995-09-25 I I - I 9-18-95 / 9-25-95 Attest: r}/J 122/ /) "-- ~tf< -~f' l ctPo ~ C1ty Clerk/" Seal Beach, California September 25, 1995 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Hastinqs callinq the meetinq to order with the Salute to the Flaq. ROLL CALL Present: Mayor Hastinqs Councilmembers Brown, Doane, Forsythe Councilmember Laszlo Absent: Brown moved, second by Doane, to excuse the absence of Councilman Laszlo from this meetinq. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastinqs None Laszlo Motion carried Also present: Mr. Shelver, Interim City Manaqer Mr. Barrow, City Attorney Mrs. Yeo, city Clrk APPROVAL OF AGENDA Brown moved, second by Forsythe, to approve the aqenda as presented. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastinqs None Laszlo Motion carried ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION The city Attorney announced that the City Council would meet in Closed Session to discuss the two items identified on the aqenda, public employee employment/performance evaluation, City Manaqer, pursuant to Government Code Section 54957, and a conference with leqal counsel with reqard to anticipated lititation pursuant to Government Code section 54956.9(b). It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 6:31 p.m. The Council reconvened at 7:05 p.m. with Mayor Hastinqs callinq the meetinq to order. The City Attorney reported that the Council had discussed the two items listed on the aqenda, qave direction to the City Attorney with reqard to one item, and no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the council, to adjourn the meetinq at 7:06 p.m. 9-25-95 Approved: r Attest: Seal Beach, California September 25, 1995 The City Council of the City of Seal Beach met in regular session at 7:08 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Doane, Forsythe Absent: Councilmember Laszlo Also present: Mr. Shelver, Interim city Manager Mr. Barrow, city Attorney Mr. Badum, City Engineer/Director of Public Works Mr. Seymour, Recreation and Parks Director Mrs. Yeo, City Clerk Brown moved, second by Hastings, to excuse the absence of Councilman Laszlo from this meeting. I AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried APPROVAL OF AGENDA Mayor Hastings requested that items "K" and "N" be removed from the Consent Calendar for separate consideration. The City Attorney reported a request to speak to Item "0" at the beginning of Oral Communications, copies of a letter submitted by the attorney for the applicant relating to that item has been provided to the Council, and copies of the resolution reflecting minor changes provided to the Council and the applicant as well. Brown moved, second by Doane, to approve the order of the agenda as revised. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried PRESENTATION I' The Manager stated that Mr. Driscoll would address the Council during consideration of the agendized windsailor item rather than at this time. ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Joseph Vodnoy, said he was present to represent the applicant with respect to Item "0", and stated he had filed a three page response to the resolution, which he said he received on Friday. Mr. Vodnoy stated the main point he wanted to make was to ask the City Council to suspend the license of the business for a I I I 9-25-95 period of sixty days during which time they would endeavor to do two things, to get a new owner because many of the things have been taken care of by Mr. Youngerman, a number of problems that pertain to the place have been handled and modified by him, secondly, the straight shot from here is right into Superior Court with additional litigation, that he would assume that the city of Seal Beach has money to burn and that may be so, but if the City does not, this is a way of avoiding litigation and at the same time allowing the orderly transition of new owners, and the only people that could work there would be licensed technicians, which was one of the problems, as all of the unlicensed technicians have been discharged and are no longer there. That would avoid litigation and at the same time accomplish the City's purposes. Mr. Vodnoy said they have a number of legal points that he raised at the hearing, he now has a transcript from the city Attorney so they are now ready to proceed in court if necessary, that he is simply trying to find an alternative to live with, that they can live with, that would accomplish the purposes without the necessity of expensive litigation. He stated he did not know what the bill for the resolution was but it went on for page after page after page and that is on an hourly basis, and he could imagine what the bill is going to be in response to the lawsuit. Mr. Vodnoy said he was extending the olive branch, as it will, to try to find a middle ground that would satisfy the city Council concerns about what has happened in the past while still allowing his client, who is present, to transfer ownership to a different owner and start afresh. He said he had outlined his objections in writing, not repeating them, as they have been provided to the City Attorney and the Council. Mr. Jack Haley and Mr. Ron Compton, project coordinators for the community safety office at the pier, presented an update of the progress of that project. Mr. Haley stated that about four months ago he had been asked to be involved in the building of a substation at the pier, a citizens committee was then formed, many individuals have come forward and volunteered their time, thus far about six days, Saturdays and Sundays, consisting of fifteen hours, have been devoted to this project, and a building has been built which includes concrete, steel, a wood building, the roof is on, the glass arrived this date, and the decking and water proofing is being put in place. He commended the architect for the project, Mr. Gordon Powers, who has devoted considerable time and effort to the project, and described in some detail stories of a number of persons from throughout the world and the States who have stopped at the project and commended the volunteer efforts, many who have returned to volunteer their talents as well. Mr. Haley read a list of names of individuals that have offered their professional services, individuals and City staff deserving special thanks, and a lengthy list of persons making personal donations to this project, to which he noted about $4400 in donations have been received, another $2000 to $3000 is anticipated, the initial budget was estimated to be $135,000. Mr. Haley said this effort, possibly a first ever effort in California and possibly the nation, is going to give a first class substation, built by a few, to the Seal Beach Police Department. He described the building location as perfect, allowing a view in all directions of the surrounding areas. Mr. Haley introduced Mr. Compton who he said read the request for assistance to build the substation in the local newspaper, he reviewed the plans, offered his services, and has brought forth at least fifty percent of the persons who have donated their knowledge and skill to this effort thus far. Mr. Compton expressed appreciation to the Council for allowing the construction of this facility, this intended to be a deterrent to ever increasing crime, cited the need for additional donations, and commended the contractors who have and are donating their time and talents, to which he said their efforts 9-25-95 are basically because they love this town and want to qive somethinq back to the city. Mr. Haley mentioned also that the substation is beinq equipped with computers, a FAX machine, copy machine, desks, tables, chairs, etc. He stated that at such time as the buildinq is completed an open house will be held, and upon passinq the keys for the buildinq to the Police Department it is felt that this facility will be the envy of all 1 other police departments. He expressly thanked Mayor Hastinqs for her onqoinq support and encouraqement. In turn, Mayor Hastinqs expressed appreciation to Mr. Haley, Mr. compton, the volunteers and everyone involved with this substation project. There beinq no further comments, Mayor Hastinqs declared Oral Communications closed. APPOINTMENTS - BOARDS I COMMISSIONS Environmental Oualitv Control Board Mayor Hastinqs appointed Dr. David Rosenman as the District One representative to the Environmental Quality Control Board for the unexpired term endinq July, 1997. Councilmember Brown appointed Mr. John Ki1kery as the District Two representative to the Environmental Quality Control Board for the full four year term expirinq July, 1999. civil Service Board Mayor Hastinqs requested that the appointment to fill the District One vacancy on the civil Service Board be held over, and invited interested citizens to contact her. Doane moved, second by Hastinqs, to approve the appointments as stated. AYES: NOES: ABSENT : Brown, Doane, Forsythe, Hastinqs None Laszlo I Motion carried CONSENT CALENDAR - ITEMS "C" thru "0" Councilman Brown requested that Item "0" also be removed from the Consent Calendar for separate consideration. Brown moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar as presented, except Items "K", "N" and "0", removed for separate consideration. C. Approved the waiver of readinq in full of all ordinances and resolutions and that consent to the waiver of readinq shall be deemed to be qiven by all Councilmembers unless specific request is made at that time for the readinq of such ordinance or resolution. Approved the minutes of the June 8th reqular adjourned meetinq, the Auqust 28th reqular adjourned meetinq, the Auqust 28th reqular meetinq, the September 11th reqular meetinq, and the September 18th reqular adjourned meetinq. E. The "Fire Prevention Week" proclamation, October 8th throuqh October 14th, 1995 was read in full by the Mayor, accepted by Battalion Chief Jerry Loqan and Captain Georqe Steel on behalf of the Oranqe County Fire Authority and Chief Holms. D. I" I I I 9-25-95 F. The month of october, 1995 was proclaimed "Domestic Violence Awareness Month." G. "Independent Living Month" was proclaimed for the month of October, 1995. H. Approved the Agreement with Nationwide Commercial Auction Services for the disposal of City vehicles and equipment at a commission rate of eight percent. I. Adopted Resolution Number 4413 entitled "A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4413 was waived. J. Approved the introduction and first reading of Ordinance Number 1396 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SEAL BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." By unanimous consent, full reading of Ordinance Number 1396 was waived. Approved regular demands numbered 10227 through 10402 in the amount of $857,605.14, payroll demands numbered 13285 through 13713 in the amount of $473,470.08, and authorized warrants to be drawn on the Treasury for same. M. Approved the plans and specifications and authorized the advertisement for bids for the construction of Sidewalk Repair, Project Number 649. L. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "0" - PROPOSED RESOLUTION NUMBER 4414 - APPEAL - PACIFIC PAIN CONTROL Councilman Brown moved that Item "0" be continued until Friday, September 29th to discuss the legal ramifications thereof during the scheduled Closed Session. Councilmember Forsythe seconded the motion. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried For the benefit of the applicant and his attorney, the City Attorney advised that the Council will meet in a regular adjourned session on Friday, September 29th commencing at 9:15 a.m., Item "0" will be discussed in Closed Session sometime thereafter, the item will be placed on the agenda to allow the Council to take action thereon, that discussion likely around 12:00 noon to 1:00 p.m. 9-25-95 ITEM "K" - RESPONSE LETTER - SURFS IDE - SUNSET/WEST NEWPORT BEACH NOURISHMENT PROJECT. STAGE 10 Mayor Hastings noted that she had made some changes to the response letter to Senator Boxer and asked that those changes be accepted by the Council. Hastings moved, second by Brown, to receive and file the staff report relating to the Surfside- Sunset/West Newport Beach Nourishment Project, stage 10, authorized the Mayor to sign the response letter as revised, instructed staff to investigate further additional actions to assist in the implementation of the subject beach nourishment project, and that this item be forwarded to the Environmental Quality Control Board for information purposes. I AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried ITEM "N" - PROPOSED RIGGING AREA - WINDSURFERS Mayor Hastings read a summary of the request as presented through the staff report, that immediately adjacent to the east side of the First Street beach parking lot there is an unimproved area bounded by cement curbing that was intended, many years ago, to become a basketball court, it was not developed because the area was later determined to be too windy. Recently, the Recreation Department, in conjunction with the Seal Beach Wind sailors, and under the guidance of the Public Works Department, has proposed to upgrade the designated area making it a suitable location for windsurfers to rig and subsequently rinse their equipment. Hr. Rob Driscoll, 328 Regatta Way and President of the Seal Beach Windsailors, explained that the proposal is to utilize the area that has a I sixty by one hundred twenty foot footing, twenty-four inches deep, constructed about seventeen years ago, inside of which is about twelve inches of fill that was originally meant for the basketball court, however their proposal is to rid the area of the weeds, install a self-watering irrigation system, add the necessary top soil and sod, turning the existing weed-ridden location into a green area that could be utilized to assemble and take apart their windsurfing rigs, however emphasized that the area would not be exclusive to the windsurfers, could be used for picnics, children, junior lifeguards, etc. and be a benefit to the City overall. He noted the fund raising efforts of their one hundred sixty members has resulted in $4,800, the improvements would be accomplished by volunteers, specifically one member of their organization that is a licensed landscaper and can provide materials at his cost, the type of sod is resistant to salt and wear and tear to which Mr. Eagle of the Public Works Parks Division could provide additional information. The Mayor made reference to the closure of the First Street lot at 5:00 p.m. and receipt of a letter from a citizen requesting a change of the payment arrangement for that lot from the attendant system to a marked space pay in a designated payment slot box therefore allowing the lot entrance to be open at all times, closed at dusk or a designated hour to allow access for windsurfers and others who can not get to the area by 5:00 p.m., this possibly a means to generate additional I" revenue to the City as well. Mayor Hastings mentioned that a . card activated arm had been discussed for the First Street Lot entrance some time back, however has not as yet been implemented. Hr. Driscoll noted that the existing arm is often in a non-working state, a suggestion by an attendant had been to leave the arm up when the entry is unmanned and that it be closed at a later hour by the patrols. He explained also that each of their members purchase the beach lot parking passes annually, resulting in approximately $9,000 in revenue generated to the city, however a problem that their organization is attempting to address by providing the grassy park area adjacent I I I " .-,:, 9-25-95 to the parking lot is that there are a few inconsiderate sailors that frequently rig-up on private property on Ocean Avenue, and possibly with the availability of the grass area in conjunction with the open parking lot after 5:00 p.m. that situation can be resolved. Councilman Brown asked that the letter from resident Saunders be made a part of the public record. Mayor Hastings said she was not certain leaving the arm up would be acceptable or solve the problem, this can be an issue to be resolved by the new City Manager. Mr. Driscoll offered that the windsurfing season is concluding, the wind diminishing until next spring and with daylight savings time reverting back the parking is not a critical issue at this time and can possibly be resolved in conjunction with development of the park area. The Mayor said she still wanted palm trees and picnic tables, to which she volunteer to buy one tree. Doane moved, second by Forsythe, to approve the proposed upgrading of the previously designated basketball court are as a proposed rigging site for windsurfers and other activities. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried CITY MANAGER REPORTS The Interim City Manager reported that the Bolsa Chica well and pump required emergency repairs this past week, this an unbudgeted item, the estimated cost is about $40,000, and noted that a recommendation will be forthcoming from staff at the next regular meeting to defer the Second Street Water Capital Project for up to six months to fund the Bolsa Chica well and pump repairs. The Manager reported also that Surfside is losing sand faster than anticipated for this time of year, the City Engineer met with Surfs ide soon after it was realized the Corps of Engineers project will not be taking place soon, and staff will be consulting with Moffat and Nichol and the Navy Base over the next weeks to determine what can be done on an interim basis to insure that Surfs ide will not suffer severe damage during the upcoming winter. This to be a subject for further discussion/action at an upcoming meeting. He again announced that he would be out of town for the next two weeks, Mr. Dorsey will be the interim contact for the Council, and Mr. Whittenberg will be present for the next regular meeting. CITY COUNCIL REPORTS Councilman Doane suggested that it is time to start thinking about the Founders Day celebrations, announced that there are still vacancies for the golf tournament on October 18th, the proceeds to benefit the Seal Beach Recreation Department, this an outstanding event of the celebrations. Councilman Brown reported that there will be about one hundred Legionnaires from Leisure World participating in the Founders Day Parade on October 29th, one of which will be a World War I veteran celebrating his 99.8th birthday. Councilmember Forsythe noted that Mr. Paul Yost, publisher of recent newsletters relating to the power lines along Bolsa Avenue that serve Rockwell, has been meeting with Rockwell, found that they utilize those lines only on occasion, and stated it may soon be necessary to coordinate efforts, possibly contact Edison, to resolve this concern with the involvement of all parties. Councilman Brown responded that the City'S Edison representative had felt that the problem could be resolved by simply turning the power off. To citizens who have received annual billings for alarm systems, Councilmember Forsythe said she is working with staff and if the information requested is completed, that item should be placed on the next agenda. Mayor Hastings wished her Jewish friends a Happy New Year. 9-25-95 I 9-26-95 ORAL COMMUNICATIONS There were no Oral Communications. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until TUesday, September 26th, 1995 at 9:15 I a.m. for City Manager applicant interviews. It was the consensus of the Council to adjourn the meeting at 8:13 p.m. Approved: C1~Y C erk and ex-off1C C~/~f Seal Beach the Attest: Seal Beach, California 1 September 26, 1995 The city Council of the city of Seal Beach met in regular adjourned session at 9:15 a.m. with Mayor Hastings calling the meeting to order. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Doane, Forsythe, Laszlo Absent: None Also present: Mrs. Yeo, city Clerk APPROVAL OF AGENDA Brown moved, second by Laszlo, to approve the order of the agenda as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS There were no Oral Communications. I' CLOSED SESSION It was announced that the Council would meet in Closed Session pursuant to Government Code Section 54957 regarding public employee employment, the position of city Manager. By unanimous consent, the Council adjourned to Closed Session at 9:16 p.m. The Council reconvened at 1:59 p.m. with Mayor Hastings calling the meeting to order and reported that the Council had considered the item identified on the agenda, and no action was taken.