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HomeMy WebLinkAboutCC Min 1996-03-25 3-25-96 Seal Beach, California March 25, 1996 , The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Hastings. calling meeting to order with the Salute to the Flag. ROLL CALL Present: the Mayor Hastings Councilmembers Brown, Doane, Forsythe, Laszlo I Absent: None Also present: Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA Brown moved, second by agenda'as presented. - Forsythe, to approve the order of the AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION The City Attorney announced that the City would meet in Closed Session to discuss the items listed on the 'agenda, a conference I with the City'S real property negotiator relating to the First Street Beach Concession pursuant to Government Code Section 54956.8, a conference with the City's legal counsel pursuant to Government Code Section 54956.9(a) relating to existing litigation, Workers compensation Case #208586, Lockley, and an existing claim, Workers Compensation Case #92-0319-0004-0014, Gordon. By unanimous consent, the Council adjourned to Closed Session at 6:31 p.m. The Council reconvened at 6:51 p.m. with Mayor Hastings calling the meeting to order. The City Attorney reported the Council had discussed the items identified on the agenda, authorized an appeal with respect to Case #208586, gave direction regarding claim #92-0319-0004-0014, and no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:55 Approved: of the I , "- Attest: . . .. I I I 'r;: .Ii , . , " iN '\:to 3-25-96 Seal Beach, California March 25, 1996 The City Council of the City of Seal Beach met in regular session at 7:04 p.m. with Mayor Hastings calling the meeting order with the Salute to the Flag. ROLL CALL Present: to Mayor Hastings Councilmembers Brown, Doane, Forsythe, Laszlo Absent: None Also present: Mr. Till, city Manager Mr. Barrow, City 'Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, city Engineer/Director of Public Works . Mrs. Yeo, City Clerk APPROVAL OF AGENDA Councilman Brown requested that Council Reports be considered out of order after Oral Communications, and Mayor Hastings asked that Item "J", Resolution Number 4446, and Item "U", Resolution Number 4451, be removed from the Consent Calendar for separate consideration. During Oral Communications a member of the audience requested a brief explanation of Item "R", Resolution Number 4448, the Police Officers Association MOU. Brown moved, second by Forsythe, to approve the order of the agenda as revised. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Ms. Shirley Bailey, President of the Rossmoor Homeowners Association, introduced Ms. Anna Moore, Captain of the Rossmoor Homeowners Association Neighborhood Watch Program, then read a letter from the Association relating to concerns with the increase of criminal activity in the Rossmoor Center over the past four years. Ms. Bailey pledged the support of the Homeowners Association to the City in exploring the feasibility of a public safety building within the Center, the support of the Neighborhood Watch Program as well, including their physical presence as volunteers working within such a facility, and said it is likely that support would be forthcoming from the Orange County Sheriffs and'the California Highway Patrol as well. Appreciation was extended for the offer of support from the Homeowners Association. Dr. David Rosenman, 8th Street, requested a brief explanation of Item "R", the Police Officers' Association Memorandum of Understanding. Mr. Bruce Stark, Seal Beach, made reference to a newspaper article that reported the managers of the Zoeter Place shopping area had requested the School District to not use the property for anything other than a shopping center should the District reacquire the site, an article shortly thereafter reported a trustee sale of Zoeter Place to which Mr. Stark said it appears that the lessee is going through foreclosure, and inquired if the property is going to be lost and what position that puts the City in. Mr. Stark welcomed City Manager Keith Till. The Manager said the Zoeter Place matter was somewhat of a complicated transaction to which he explained there was a transfer of ownership of the master lease, an FDIC and legal condition of that was a non-disturbance 3-25-96 agreement with the school District, that for the purpose of the highly unlikely event that if the District were to ever want to reacquire the property how would its position be protected. He said this transaction is a benefit to the Agency in that it will receive payment for past due rent on the property, on-going rent, and foreseeab1y this will be a positive to the Agency financially, thus there would be no incentive for the Agency to I dispose of the Zoeter property as it will now generate revenue, nor is there any reason for the School District to reacquire the site. He noted it was merely a requirement of law that the foreclosure was required to be advertised, the action has no real impact, simply the transfer of the property to a new owner. Officer Bob Mullins, President of the Seal Beach Police Officers Association, said he wished to explain certain recent political activities of the POA in an effort to avoid the appearance of any impropriety. He noted that the badge on the POA letterhead has been used for over thirty years, was used on a recent political ad as it has in the past and has never before posed a problem, however he said in retrospect he regretted the use of the image of the badge as it has apparently raised questions. He offered that a new POA logo design is now being sought. Officer Mullins said the Association tried to make it clear in the advertisement that their effort was solely on behalf of the Police Association and not the Police. Department, the wording of which he read in full. He mentioned his hesitation to be involved in politics however in this case it was felt to be important in that jobs were being threatened as a result of a statement made with regard to seeking. County services. Officer Mullins concluded that it is important for the officers to protect their jobs and families and as an Association it is their duty to protect the members. with regard to recent comments relating to the Bixby Old Ranch Development, Mr. Mario I Voce, Seal Beach, said the Environmental Quality Control Board had only a residential plan before them for consideration, no other alternative plan with the exception of a few alternatives set forth in the environmental impact report, and stated all EQCB members had some misgivings with the plan, particularly with a lack or gap of information. There being no further comments, .Mayor Hastings declared Oral Communications closed. COUNCIL REPORTS Councilman Brown announced that a representative of the Travel Host Magazine would be visiting the City the following day, speaking with a couple members of the Council, with an indicated interest in featuring Seal Beach in an upcoming article, which he said ties into the efforts of more than a year to develop a promotional brochure for the City. Councilman Brown reminded voters of the State Primary Election the following day as well as election of Council representatives in Districts Two and Four. Councilman Doane said he had written a letter to the editor which has been misunderstood, specifically a remark citing his dislike of the negative campaigns at the national level, that remark going further to include campaigns at the County and State level, more specifically with Measure "S", the E1 Toro Marine Base issue, noting the opposition of this Council to that measure. He pointed out his comments with regard a I local election as well, which have also been misunderstood. Councilman Doane expressed his pleasure at hearing comments at the last meeting in support of keeping the local campaign on a positive level, however at that same time campaign literature was being distributed citing remarks of the opposing candidate that had been made facetiously some time ago, the literature also used the heading of a newspaper distributed in this City. He reported that the newspaper took exception to the use of their heading, suggested a possible legal action, yet a second, identical flier was distributed with no regard to the caution'of the newspaper. Councilman Doane said he wished that campaigns I I I '(, '''l,j. . I""~ :' ~~"~..~ rf ~ fj " '" 'II ;..~~..t-lf t~.. I. '''' , "~~i. \ i' 'I" , ' 3-25-96 could be conducted in a straight forward manner such as that in District Two. Councilmember Forsythe reported there was a recent tour of the Naval Weapons station by the McGaugh School fourth grade class including a first hand view of an actual ecosystem. She noted the study of specific words at the fourth grade level, at this time the word was 'persuasion', the class returned to school, discussed wetlands further, thereafter the students wrote letters to President Clinton utilizing meaning of the word 'persuasion' to tout the benefits of wetlands, what they do for the environment, encouraged the President to save them, and mentioned specifically the Bolsa Chica. Councilmember Forsythe requested permission of the Council to prepare a cover letter from the City of Seal Beach to forward the letters of the students to the President and Vice President. Council indicated no objection. Mayor Hastings reported having recently attended a Human Relations Conference at Oak School with students in attendance from the entire area, the discussion theme was 'tolerance', and a number of outstanding seminars were offered. She mentioned that it is Seal Beach students that have taken the lead in this effort and that she encouraged the students to organize and pursue the program again next year to allow greater student exposure. Mayor Hastings added her compliments to the conduct of the District Two Council campaign, expressed her opinion that the same type of campaign could have occurred in District Four, however that does not seem to happen when a developer interjects themselves into a campaign, rather, their support should end with the endorsement of a candidate. COUNCIL ITEMS ADDointment - Seal Beach Cable Communications Foundation Councilmember Forsythe nominated Mr. Peter Anninos as the District Three appointee to the Seal Beach Cable Communications Foundation for the unexpired term ending July, 1998. Brown moved, second by Forsythe, to confirm the appointment. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ADDointment - Environmental Oualitv Control Board Councilman Brown commended Mr. Kilkeary for his efforts while a member of the Environmental Quality Control Board, and invited residents of College Park West and Rossmoor in particular who may have an interest in the position to contact him. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "J" - RESOLUTION NUMBER 4446 - HONORING LOS ALAMITOS HIGH SCHOOL WOMEN'S SOCCER TEAM Resolution Number 4446 was presented to Council and read in full by Mayor Hastings entitled "A RESOLUTION OF THE CITY COUNCIL HONORING THE LOS ALAMITOS HIGH SCHOOL WOMEN'S SOCCER TEAM." Mayor Hastings presented each member of the Team with a copy of the Resolution and conveyed congratulations on behalf of the Council. Brown moved, second by Laszlo, to adopt Resolution Number 4446 as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "u" - RESOLUTION NUMBER 4451 - HONORING SPORTS AMBASSADORS - WICKWIRE and EVANS Resolution Number 4451 was presented to Council and read in full by Mayor Hastings entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH HONORING SEAL BEACH SPORTS AMBASSADORS" (Jonathan Wickwire and Taylor Evans). Brown moved, second by Forsythe, to adopt ~esolution Number 4451 as presented. 3-25-96 AYES: NOES: Brown, Doane, Forsythe, Hastinqs, Laszlo None Motion carried ITEM "R" - RESOLUTION NUMBER 4448 - MEMORANDUM OF UNDERSTANDING - POLICE OFFICERS ASSOCIATION In response to an inquiry by a member of the audience re1atinq to Item "R", the City Manaqer confirmed that the Memorandum of I Understandinq does provide for salary adjustments. He pointed out that the prior MOU expired September 30th, 1995, the . proposed contract is for a fifteen month period, provides a 2.5 percent salary increase and a 2.5 percent equity adjustment, that based upon salary comparisons with other Orange County Police Departments, Seal Beach beinq below the lowest of those Departments, the MOU also provides for an equity adjustment next year of another 2.5 percent, that made possible throuqh mutually aqreed upon chanqes for the calculation of overtime as well as a reduction of the number of days annually when overtime would apply. CONSENT CALENDAR - ITEMS "c" thru "S" Brown moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar as presented, except Items "J" and "U", removed for separate consideration, and a brief explanation of Item "R". 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 Counci1members unless specific request is made at that time for the readinq of such ordinance or resolution. I Received and filed the status report relatinq to Air Quality Issues, directed staff to monitor those issues and provide additional information to the Council as deemed appropriate, and directed that this report be forwarded to the Planninq Commission and Environmental Quality Control Board for information purposes. E. Approved requ1ar demands numbered 11933 throuqh 12065 in the amount of $490,453.31, payroll demands numbered 15597 throuqh 602 and 15948 throuqh 16133 in the amount of. $325,099.28, and authorized warrants to be drawn on the Treasury for same. D. F. Approved the minutes of the March 11, 1996 reqular City Council meetinq. Received and filed the staff report re1atinq to SB 1896, the Telecommunications Permit Cost Recovery leqis1ation, authorized the Mayor to siqn the letter in opposition thereto, and directed staff to forward the report to the P1anninq Commission and Environmental Quality Control Board for information purposes. H. Received and filed the staff report re1atinq to AB 2799, the Alcohol Fortified Products, Malt Beveraqes Distribution 1eqis1ation, . authorized the Mayor to siqn the letter-of' support, and directed staff to forward the.' report to the P1anninq Commission for information purposes. G. I I K. ~ ..~., .....~.'...~ ~ ", ", ',' '. .\' i " '. I. I lit ..."...,...., !.' .....;.-...-r;,. 3-25-96 I. Received and filed the staff report relating to the proposed federal funding for Environmental Restoration by the nepartment of Defense, and directed staff to forward the report to the Planning Commission, the Environmental Quality Control Board, and the Archaeological Advisory Committee for information purposes. Adopted Resolution Number 4447 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING TH!; CLOSURE OF THE NORTH AND SOUTHBOUND TURN POCKETS LOCATED AT THE MAIN STREET/PACIFIC COAST HIGHWAY INTERSECTION. By unanimous consent, full reading of Resolution Number 4447 was waived. L. Received and filed the staff report relating to SB 1538, Conditional Use Permits, Regulation of Hours, A Compensable Taking, and directed staff to forward the report to the Planning Commission for information. M. Accepted the proposal of Willdan Associates for assessment engineering services for Street Lighting Assessment District No. 1 and authorized the City Manager to execute same on behalf of the city. Received and filed the Investment Report for January and February, 1996. I N. Authorized distribution of a Request for Proposals for annual audit services. P. Received and filed the staff report regarding AB 2357, Municipal Liability as it relates to Skateboarding, and authorized the Mayor to sign the response letter in support thereof. O. Q. Received and filed the supplemental staff report relating to the South Coast Air Quality Management District "QuiCk Charge Prpgram" and "EV Corridor Communities Program" participation, Measure M and AB 2766, authorized staff to continue to seek additional private support, prepare additional status reports as appropriate, and directed that the report be provided the Environmental Quality Control Board for information purposes. Approved Resolution Number 4448 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH POLICE OFFICERS' ASSOCIATION AND REPEALING ON THE EFFECTIVE DATE SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 4448 was waived. R. I S. Adopted Resolution Number 4449 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE POSITIONS OF, ASSOCIATE PLANNER, LIFEGUARD CAPTAIN, BUILDING & SAFETY DIVISION CLERK AND SENIOR BUILDING 3-25-96 INSPECTOR" and Resolution Number 4450 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CREATING SALARY RANGES FOR THE POSITIONS OF ASSOCIATE PLANNER, LIFEGUARD CAPTAIN, BUILDING & SAFETY DIVISION CLERK AND SENIOR BUILDING INSPECTOR." By unanimous consent, full reading of Resolutions Numbered 4449 and 4450 was waived. I T. Received and filed the staff report relating to the Southern California Association of Governments preparation of the Regional Transportation Plan, and instructed staff to forward the report to the Planning commission and Environmental Quality Control Board for information purposes. Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried AYES: NOES: CITY MANAGER REPORTS The Manager reported that an initial, productive meeting was held this date with representatives of the Environmental Quality Control Board, a State arborist, West Coast Arborists, and city staff for the purpose of developing a tree master plan for the entire City. He reported also that the berm is to be taken down within about a week. Mayor Hastings recalled comments of beachfront residents that the berm is never lowered enough to fully recapture the view. The Manager mentioned that meetings have been held with three other cities regarding a possible consolidation of police dispatch, they have been productive, and I offered to keep the Council apprised of the progress. In response to Council he advised that any cost savings realized from a consolidated dispatch would be applied to the 800 MHz system, and it appears that Seal Beach may likely become the center to provide that service. ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Allan Beek, Newport Beach, read in entirety his written communication relating to the treatment and disposal of sewage via the County Sanitation Districts of Orange County, the facility used by all cities. He facetiously suggested that Seal Beach could save money if it were to treat and dump its sewage into the San Gabriel River, which would then result in the other cities having to buy back the Seal Beach share of ownership in the common joint treatment facilities, however suposed1y the Regional Water Quality Control Board would not allow that to occur. He alerted the Council that there is in fact one city that is attempting to do just that on a minimal level initially and where very weak environmental standards would be applicable to future applications for increased sewage disposal. Mr. Beek announced a hearing before the Regional Water Quality Control Board regarding that application on Friday, April 19th in Newport Beach and encouraged the Council to be represented at that hearing. Ms. Dorothy Whyte, College Park East, made I reference to an earlier comment that election campaigns heat up when a developer gets involved, to which she responded that in this case it was the group called PROBE, not a developer. She- objected to Council Chambers having been used for political purposes, to the posting of political signs where by ordinance they are not allowed, spoke for enforcement of the fine allowed by that ordinance for noncompliance, and was critical of persons who run for public office and do not follow the law. She claimed that the College Park East Neighborhood Association has been unjustly accused of being political, yet no objection has. been raised to the support by a board member of an opposing I I I ~I . . ,.., -f ",. '.\ Sf>~lII't~ ' "".1, ,.'; ., I I " ", ":t'I"~(!.' I.', . ::'M1~ ,'&.. 1 I' . '. ," 3-25-96 candidate, made reference to certain campaign literature to which she questioned if PROBE is a registered political action committee, as well as the funding source for the newsletters of her Council representative. Ms. Whyte spoke for the ability of persons to exercise their civil rights. Councilman Laszlo said he has receipts for the payment of his newsletters. Ms. Donna MCGuire, College Park East, reported that during past weekend her candidate's signs were not only stolen, they were shredded, and the thought is that it was the work of mischievous children, suggesting that parents must represent themselves properly and set good examples for their children. Ms. McGuire said the campaign of her candidate has been accused of a variety of things, however no matter what is asked or requested of campaign workers it is impossible to control the actions of everyone. She expressed certain concerns with regard to the Registrar of Voters, College Park East having received sample ballots late, the locations of the polling places being unavailable in early March, the designation of a polling place at the Bixby Tennnis ClUb, the selection of that site made during the time the Bixby proposal was under consideration by the City. She read a communication from Ms. Janet Egbert of College Park East expressing objection to the destruction of her candidate's signs on her residential street. Ms. McGuire reported also the removal of a campaign sign that was then thrown through a garage window. Mayor Hastings inquired as to the responsibility of a candidate once permission of a property owner has been granted for the placement of a sign, it is then stolen and put in a place it is not to be. The city Attorney noted that there are local ordinances relating to elections, signs, etc. for which violation constitutes a misdemeanor, there are State statutes as well, however a court would never find that the responsibility for what happens to a sign lies with a candidate. In response to the previous speaker, Mr. Ray Ybaben, Hazelnut Avenue, mentioned his familiarity with the area given the route he travels into and out of the neighborhood, and reported having observed the incident described where children on bicycles were destroying the campaign signs, a sign from the front of his yard being one of them, the destruction involved signs of both candidates, this was not an incident with racial overtones or a hate crime, rather vandalism of children. Mr. Ybaben noted the intense emotion of this campaign, and disagreed with a prior opinion regarding the involvement of the developer. with consent of the Council, Mayor Hastings declared a recess at 8:17 p.m. The Council reconvened at 8:27 p.m. with Mayor Hastings calling the meeting to order. Dr. David Rosenman, 8th Street, mentioned that this is the second election where there has been a vanishing sign routine and it would be his hope that this can be resolved before the next election. He offered that once the election is over people need to live with one another again, also questioned whether or not there should be some standard of conduct for candidates. Ms. Patty Salicos, College Park East, said she has held elections at her residence for many years however she is one of the locations that denied its use for this election upon being contacted by the County last fall, her reasons basically due to a recent law suit that resulted from a trip and fall incident while accessing a polling place, the County denied the claim and then the claimant pursued the homeowner through litigation for a period of two years. Ms. Salicos reiterated her denial of the County request, however said she had mentioned that if the County was unable to locate another site she might reconsider, thereafter the County informed her that the tennis club site had been obtained. In response to a question of Council, the City Attorney said it would be thought that the County would provide some degree of indemnification. Ms. Rita Brenner, Trailer Park 3-25-96 I 4-8-96 resident, indicated some criticism of comments by certain Councilmembers during the campaign period, and by some Councilmembers to one another. She made an accusation that statements regarding the relationship of a College Park East candidate with the developer were untrue. Mr. Rob Roy, Seal Beach public access, expressed appreciation for the District Three appointment of Mr. Anninos to the Seal Beach Cable I Foundation Board and to Ms. Betty Dahlin for her services while a member of the Board. Mayor Hastings mentioned the recent Man and Woman of the Year awards, a well attended, wonderful event, and asked that all of the nominees be invited to attend the next Council meeting to allow for their introduction and review of their community activities. There being no further comments, Mayor Hastings declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, Apr~l 8th at 6:30 p.m. to meet in Closed Session: By unanimous consent, the meeting was adjourned at 8:37 p.m. Attest: \ Approved: I Seal Beach, California April 8, 1996 The city Council of the City of Seal Beach met in regular adjourned session at 6:33 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. . . ROLL CALL Present: Mayor Hastings Councilmembers Brown, Forsythe, Laszlo Absent: Councilman Doane Also present: Mr. Barrow, City Attorney Mrs. Yeo, city Clerk I APPROVAL OF AGENDA Brown moved, second by Hastings, to approve the order of the agenda as presented. . .- AYES: NOES: ABSENT: Brown, None Doane Forsythe, Hastings, Laszlo .... ,h,. 01 . 01.' Motion carried