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HomeMy WebLinkAboutCC Min 1991-04-22 4-21-91/4-22/91 Attest: Seal Beach, California April 22, 1991 I The city council of the City of Seal Beach met in regular adjourned session at 6:15 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Forsythe, Hastings, Hunt, Laszlo Absent: None Also present: Mr. Archibold, Acting city Manager Mr. Colantuono, Assistant City Attorney Mrs. Yeo, city Clerk CLOSED SESSION The Assistant city Attorney announced the City Council would meet in Closed Session pursuant to Government Code section 54956.9 (a) to discuss pending litigation, specifically Wetlands Restoration Society versus City of Seal Beach, two matters pending before the Court of Appeals, cases G009822 and Z010231, and Mola Development Corporation versus city of Seal Beach in the Orange County Superior Court. It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 6:16 p.m. I Mayor Wilson was not in attendance when the Council reconvened. The Council reconvened at 6:46 p.m. with Mayor ProTem Laszlo calling the meeting to order. The Assistant City Attorney reported the Council had met in Closed Session to discuss the items previously identified and that no action was taken. ADJOURNMENT It was the consensus of the Council to adjourn the meeting at 6:47 p.m. of the Approved: ~~ ~ a/~ ayor I Attest: 4-22-91 Seal Beach, California April 22, 1991 I The city Council of the city of Seal Beach met in regular session at 7:03 p.m. with Mayor ProTem Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Laszlo Councilmembers Forsythe, Hastings, Hunt Absent: Mayor Wilson Laszlo moved, second by Forsythe, to excuse the absence of Mayor Wilson from this meeting. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I Mr. Archibold, Acting City Manager Mr. Colantuono, Assistant City Attorney Mrs. Yeo, City Clerk WAIVER OF FULL READING Forsythe moved, second by Hastings, to waive the 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. Also present: AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried PROCLAMATIONS Mayor ProTem Laszlo proclaimed May 1, 1991, as "Law Day U.S.A." May 5th through May 11th, 1991, was proclaimed "Victims of Pornography Week" by Mayor ProTem Laszlo. The Mayor ProTem proclaimed the Month of May 1991 as "Good Posture Month" and the week of May 12th through May 18th, 1991, as "Chiropractic Wellness Week." May 1st, 1991, was proclaimed "Loyalty Day" by the Mayor ProTem. Mayor ProTem Laszlo proclaimed Ma,y 11th, 1991, as "Fire Service Recognition Day." I ORAL COMMUNICATIONS Mayor ProTem Laszlo declared Oral Communications open. Mr. James Goodwin, 1405 Crestview Avenue, reported receiving a telephone call from an individual urging support for Measure A-91 and opposition to Measure B-91, apparently reading from prepared campaign material, which he claimed was misinformation, and requested that the Council members in support of A-91 attempt to ensure that factual information is given out. Mr. Goodwin noted the Initiative calls for the use of new technology'in constructing the housing units on the Hellman property, and questioned what is meant by new technology, construction that would withstand the strength of an earthquake, a post-tension slab being advantageous however would not prevent a house from being damaged, also 4-22-91 that the soils are proposed to be depressed by pressing the water and air from the dirt, the soil then compacted with additipnal dirt, which he claimed is an untested, unproven system, the freeway collapse in San Francisco being an example. Mr. Chris Verholtz, 224 - 14th Street, responded that the measures proposed to mitigate the liquefaction o~ the Hellman Ranch has been tested, citing as an example I Foster city during the San Francisco earthquake, a swamp area that had been backfilled, and there were no damages. Mr. Verholtz noted that the city Clerk had filed a legal action regarding ballot arguments naming Councilmembers Hunt and Wilson, and the Initiative Committee, and the parties named in turn filed suit to protect their constitutional rights, and stated his understanding that the Council will be considering an agreement for legal fees of three members of the Council. Mr. Verholtz inquired as to the amount of the legal fees and the responsibility of the taxpayer to pay those fees since the persons signed the ballot arguments as citizens rather than the elected body. Mr. Verholtz said the legal fees for the Committee were paid through fund raising efforts. Councilmember Forsythe responded that at no time had the three members of the Council initiated litigation against the Initiative Committee or Councilmembers Hunt and Wilson, and had there been cooperation by those parties on the first court appearance the issues would have been resolved and there would have been minimum legal costs. Mr. Gary Johnson, 120 - 3rd Street, made reference to the Navy Expansion Project and noted that even though the Program EIR does not specifically address the Seal Beach facility, he said it is likely the most significant, environmentally damaging project ever for I the city. He asked that when the Mola issue is resolved that the focus become the Navy Project, possibly the Council and citizens forming a strategy, perhaps a lobbying effort, retain legal assistance familiar with federal environmental policies, obtain the identities of coastal experts, engineering and environmental firms and place them on a retainer for future use. He urged that the City take a strong stance on the Navy Expansion issue. Mr. Johnson stated his support for development of the Hellman property primarily from the perspective that it provides some open space and parks, however said before votinq for the project he would like to see a legally binding commitment on the part of Mola Corporation that they will drop any litigation against the City should the Initiative be approved. Ms. Joan Wofelt, Seal Beach Travel, extended a personal invitation to the members of the Council to attend the Man and Woman of the Year Dinner. She explained that persons were nominated for this honor, and the organizations represented on the Coordinating Council have now chosen the individuals felt to have done the most outstanding community work during the past year. Ms. Wofelt read the names of the nominees, Ms. Meg Catule, Ms. Nancy Grgas, Ms. Rosie Gruss, Mr. Galen Ambrose, Mr. Scott Newton, Mr. Arden Yeam, Ms. Arlene Mercer, Ms. Mary Newton, Ms. Barbara Rountree, Ms. Linda Stobbe, Ms. Dorothy Whyte, and Ms. Barbara Wright, and I provided a brief description of their involvements and achievements. Mr. Galen Ambrose, Seal Beach, objected to claims that the Initative Measure would be the only opportunity to have parks and wetlands, and instead said parks would only be provided because homes could not be built on that area because of the Alquist Priola Act and wetlands would take the appearance of duck ponds. He offered that if the developer were to leave, the community could work together to develop other options for the Hellman land. Ms. Seretta Fielding, Seal Beach Boulevard, expressed concern with the school bus stop at Ocean and Electric Avenues where children go to the greenbelt area in the 4i.... .'. ~r:,:". ., 4-22-91 I mornings to play while awaiting the bus. She said that the cars do not see the children crossing the street, that the problem does not exist in the afternoon, and asked that this matter be placed on a Council agenda to discuss locating the bus stop on the opposite side of the street. Dr. George Telford, Medinac Lane, expressed his objection to the legal action by a large corporation naming members of the City Council, and claimed it is a threat to the democratic system. Mr. Gordon Shanks, 215 Surf Place, suggested the voting public should be aware that they will be receiving telephone surveys, one traced to a Charlton Group of San Francisco with the calls made from Utah, another group from somewhere outside Los Angeles, paid by the Mola Corporation, however the Fair Political Practices Commission has advised that it' is not illegal. He reported that the Citizens Committee is likewise making calls in support of B-91, however they are identifying themselves as such. Ms. Barbara Antoci, Seal Beach, objected to telephone calls that state the Initiative is the last chance to have a park in Seal Beach. There being no further comments, Mayor ProTem Laszlo declared Oral Communications closed. I' COUNCIL ITEMS CONSULTANT SERVICES - BIXBY RANCH COMPANY APPLICATION The Development Services Director presented the staff report, noted a history of the selection process of the consultants had been provided for information of the Council. He explained the intent had been to hold public meetings to gain public comments, four meetings were held, that process then concluded at the request of the Council, and subsequently Bixby submitted an application for a General Plan Amendment, Zone Change, and Vesting Tentative Tract Map for a proposed residential development within the confines of their golf course property. The Director reported the consultants have been under contract with the City to assist with the various review processes of the application, and preparation of the Environmental Impact Report. He noted that both firms are well qualified, are familiar with the City and concerns of the community, however it is an option of the Council to terminate the existing agreements and choose another firm. Councilmember Forsythe reported she had met with the Director and EIP Consultants as a result of her concerns with previous EIR's, yet since the consultant is basically working for the City, it is the responsibility of staff and the Council to pose any questions or concerns to the consultant regarding any health, safety or welfare issues. She indicated satisfaction with the meeting and consultant, and requested staff to continue to keep the Council informed as to what is taking place. Mayor ProTem Laszlo said he had been disappointed with the pUblic meeting process, that there had been inadequate input from the College Park East area, as well as to issues of safety, traffic, and environmental concerns. He indicated he would be communicating any problems foreseen with regard to the Environmental Impact Report, yet would remain open minded and allow the developer to prove the safety of this project. Mr. Galen Ambrose, Seal Beach, suggested there be a no project alternative, stating that just because one owns a parcel of property does not mean that they have a right to build. Mr. Bruce Stark, Seal Beach, suggested that City staff should meet with the City Council to determine what is appropriate to place on a particular property. In response to Council, the Director offered that the Council may determine to continue to utilize the present consulting firms or may terminate the existing agreements and instruct staff to solicit additional proposals. I 4-22-91 Laszlo moved, second by Hunt, to continue to utilize Claire and Associates, Inc. to provide supplemental staff services in processing the Environmental Impact Report and pending General Plan Amendment, Zone Change, and Vesting Tentative Map, and EIP Associates to prepare the Environmental Impact Report on the pending General Plan Amendment, Zone change, and vesting Tentative Map, and that the scope of work be I expanded since the previous agreements made reference to the preparation of a Specific Plan rather than the current application. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried APPOINTMENT - DEPARTMENT OF WATER and POWER ADVISORY COMMITTEE Mayor ProTem Laszlo moved to appoint Mr. Delmar L. Smith, Fir Avenue, to the Department of Water and Power Advisory Committee representing District Four. Councilmember Forsythe seconded the motion. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried BUDGET WORKSHOP It was the consensus of the Council to hold over further budget workshops until the new City Manager is selected. WATER CONSERVATION UPDATE I RESPONSE TO PAST ORAL 'I COMMUNICATIONS I WEST ORANGE COUNTY WATER BOARD Councilman Hunt cited recent attacks on his integrity and character, basically as a result of the June 4th ballot argument wording issue, and responsibility for legal costs. He confirmed his support for the land use proposed by the Initiative and the monies that will be generated to the city, thus the wording of the arguments, even though he personally felt the words were somewhat imperfect. He stated neither he nor the Mayor or the proponents initiated the court action, by the time he reacted to the wording, attorneys were involved, and he has expended no City funds to defend himself to date. He said he felt certain someone would have challenged the wording whether or not he had been involved, that there were no winners except the attorneys, and that this was an unfortunate event that should not have happened. Councilman Hunt reported City water consumption has dropped by twenty percent since the first of March, which indicates that conservation measures are working. He reported that h the West Orange County Water Board bill for this year will be greater than the prior year, that the Board has agreed to pay a proportionate share of water meters being installed by some of the member cities, the share of the smaller'cities being fourteen percent of that cost, however there was a I $21,000 carryover from the previous year that will offset some of the cost. At the request of Councilmember Hastings, the City Clerk explained that provisions of Section 5025 of the California Elections Code relates to ballot argument language where it may be potentially misleading to the voters and provides that either a citizen or the Clerk may take action to ensure that the language is not misleading to a voter. The Clerk stated that prior to the referenced April 8th Council meeting she had reviewed the primary arguments in depth and determined there was language in all of the arguments that "., . ."L~':.-~ 4-22-91 I was questionable as to whether they were misleading, and a decision was made to request the court to review the arguments and make a final determination, also upon the filing of rebuttal arguments it was found they all contained proper names, titles, reference to corporations, etc. without consent of those named, which was likewise in conflict with the Elections Code, therefore the rebuttals were also included for court review. It was further explained that since there would be a conflict for the City Attorney firm to represent the Clerk in this matter, the city's liability attorney was requested to represent the Clerk, also that the court documents merely named those persons authoring the arguments as real parties of interest, which was not a legal action against those individuals. Councilmember Hastings said she wanted it clearly reflected that Councilmembers Forsythe, Laszlo and Hastings did not bring a legal action against the authors of the arguments. councilmember Forsythe explained that no member of the Council initiated the legal action, that it was a matter of someone doing their job upon foreseeing a problem with the language of the ballot arguments. She noted it had been the opinion of the city Attorney that it was not necessary for the members of the Council to have legal representation at the time the arguments were being reviewed by the court, however she understood that one member of the Council had indicated it was too late, the result being that the other members of the Council had the option of either having or not having legal representation. Councilman Hunt said his response had been that he was not willing to reach such agreement. Councilmember Forsythe reported that there had been agreement on changes to the ballot argument language as suggested by the Clerk on the first court date, however the attorney present on behalf of Councilman Hunt and the Mayor reported they could not be reached, and that he had been advised no change of language was acceptable, yet after subsequent court appearances the same changes were ultimately made. Mayor ProTem Laszlo explained that election law allows arguments to be submitted for and against measures, stated that the argument for Initiative Measure A-91 was written by the Mola consultant, signed by Initiative proponents, where the argument for Advisory Measure B-91 was drafted by citizens and signed by three members of the Council, arguments against and rebuttals were also filed. He noted there was objection to argument language from all parties, the Clerk had determined to have the court review the arguments, subsequently a suit was filed on behalf of the Mayor and Councilman Hunt against the city Clerk and three members of the Council which in turn resulted in retaining outside legal counsel. Mayor ProTem Laszlo reviewed in some detail the results of the three court appearances, which included direction from the judge to resolve the ballot language issue, tentative agreement, rejection of the changes by the Mola attorneys, subsequent rejection of the designated judge, appearance before a second judge, then a judge protem who took the matter under submission, the result of which was basically the same revised wording as had been tentatively agreed upon during the first court appearance. Councilman Hunt offered that even though the court determined that some of the ballot argument statements could not be made, he would defend the statements as being truthful. Discussion continued. RESOLUTION NUMBER 4037 - HELLMAN PROPERTY PURCHASE - OPPOSITION TO USE OF CITY FUNDS Proposed Resolution Number 4037 was presented to Council and read in full by Mayor ProTem LaSZlo entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AFFIRMING OPPOSITION TO THE EXPENDITURE OF CITY FUNDS TO PURCHASE I I 4-22-91 HELLMAN PROPERTY FOR USE AS A GOLF COURSE." At the request of the Council, the Assistant City Attorney suggested language could be added to the seventh paragraph to read "...there was never any intention of the City to use City funds to purchase or develop this property..." Councilman Hunt expressed his view that it is an economic impossibility for a golf course to be located on the Hellman property, citing the worth of the property of approximately $200,000 per acre or $30 million for up to one hundred fifty acres needed for a golf course, that the green fees would not even cover half of the maintenance costs, and concluded that Hellman will not give that land to the city. Councilmember Forsythe said she felt that opinion depends on who one talks to, that she has had conversation with someone who builds golf courses and is familiar with the Hellman land and has worked with similar sites, also if the property were zoned for a use other than residential it would be less expensive. Noting that Measure B-91 is advisory only, Mayor ProTem Laszlo concurred that if it were not feasible the city would not put in a golf course, however there could possibly be open space and parks on the land as a result of revenue from a clubhouse and restaurant development on the bluff area. councilmember Hastings suggested that a driving range or nine hole golf course could profitable. In response to council, the Acting City Manager stated he had contacted and advised the Hellman attorneys of the proposed resolution. Hastings moved, second by Forsythe, to adopt Resolution Number 4037 as amended. I AYES: NOES: ABSENT: Forsythe, Hastings, Laszlo Hunt Wilson Motion carried I It was the order of the Chair, with consent of the Council, to declare a recess at 8:44 p.m. The Council reconvened at 8:57 p.m. with Mayor ProTem'Laszlo calling the meeting to order. BUDGET ADVISORY COMMITTEE Councilmember Forsythe noted previous discussion of establishing a Budget Advisory Committee, and stated there had been individuals in the community that indicated interest in assisting the City with the budget process, possibly through suggestions for revenue enhancements or reduction of expenditures, and if there continues to be an interest she would support this concept. She explained that the intent had been that this would be an on-going committee, functioning year-round, and seek input from professional persons. Mayor ProTem Laszlo indicated his preference that such committee be part-time, possibly review the budget and provide some suggestions. Mr. Charles Antos, 320 - 17th Street, suggested that before appointments to a_ committee is considered, that evening budget workshops be scheduled, interested persons could obtain a copy of the budget and present their comments. Mr. Bruce Stark, Seal Beach, offered that people could be invited through the press to present their comments, and said he was not certain how the city would get more income where Proposition 13 said to cut expenditures. It was pointed out that the public has the opportunity to present their comments at budget hearings, and possibly additional copies of the budget could be prepared and made available through the City Clerk's office. I CONSENT CALENDAR - ITEMS "N" thru "U" Councilmember Forsythe requested that Item "R" be removed from the Consent calendar, Councilman Hunt requested Item lip" removed, and Mayor ProTem Laszlo noted Item "T" had been '. II"~~'" 4-22-91 requested to be removed by a member of the audience. Forsythe moved, second by Hunt, to approve the recommended action for items on the Consent Calendar, except Items lip, R, and T," as presented. I N. Approved regular demands numbered 83467 through 83641 in the amount of $520,681.96, and payroll demands numbered 44965 through 45152 in the amount of $212,809.66 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. o. Approved the Traffic Signal Maintenance Agreement between the cities of Los Alamitos and Seal Beach for signals located at Seal Beach Boulevard and Bradbury Road and at Lampson Avenue and Tulip/Parkwood Avenue. Q. Received and filed the agreements for reimbursement of Environmental Impact Report preparation and processing for the Hellman Ranch Specific Plan Amendment, Mola Development Corporation, and Conditional Use Permit 1-91, State Lands Hotel Proposal, Seal Beach Gateway, Inc. S. Approved the proposed.1991/92 West orange County Water Board budget as presented. I U. Instructed staff and the Environmental Quality Control Board to review the "Draft Programmatic Environmental Impact Statement, Fast Combat Support Ship (AEO-6 Class) - U. S. West Coast Homeporting Program, prepare draft comments and present same to City Council for final review and approval of final comments. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, ,Laszlo None Wilson Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "P" - AGREEMENT FOR LEGAL SERVICES Councilman Hunt said he had requested this item removed for a separate vote. Mayor ProTem Laszlo explained that the agreement was for legal services for the three members of the Council relating to the ballot argument issue. Hastings moved to approve the agreement between the City and the law firm of Burke, Williams and Sorensen for legal services for Councilmembers Forsythe, Laszlo and Hastings in defense of the legal action filed by Councilmember Hunt and Mayor wilson. Councilmember Forsythe seconded the motion. Councilman Hunt asked if the intent was to cover the cost of only those services referred to in the motion. The Assistant City Attorney explained that the item before the Council was a contract setting forth the terms under which' the services of the attorney were retained, and due to the limited time frame the services were obtained prior to approval of the formal agreement. He advised that an appropriate motion would be to approve the agreement. Councilmember Hastings corrected the motion to approve the agreement as presented. Councilman Hunt asked if the City would be responsible for any attorney fees he may incur. The Assistant city Attorney explained that the attorney for the Council majority was authorized and selected by the 4-22-91 Acting City Manager, that the attorney for the Council minority was hired privately, not selected or hired by the city, however that would not prevent the City from reimbursing any expenses incurred if a majority of the Council chose to do so. Councilman Hunt inquired if the arguments and rebuttals had been signed as three members of the city Councilor as individual citizens, and if they had signed as individuals those persons that signed the argument in favor of Measure A-91 should likewise be entitled to reimbursement of costs. Mayor ProTem Laszlo recalled that Council had taken action to allow its members to sign arguments and rebuttals. The Assistant City Attorney stated he believed the Council had been advised that they were entitled to representation in this matter because they had signed the arguments in their capacity as public '. officeholders and were authorized by a vote of the council to do so. I Vote on the motion to approve the agreement: AYES: NOES: ABSTAIN: ABSENT: Forsythe, Hastings, Laszlo None Hunt Wilson Motion carried REOUEST FOR PROPOSALS - ENVIRONMENTAL IMPACT REPORT - STATE LANDS PROPERTY - HOTEL PROJECT Noting the reference to existing studies that have been done on other sites, Councilmember Forsythe inquired if the EIR will be a completely new study or if previous environmental documentation will be utilized. The Director explained that I existing documentation would be reviewed and used as a base to work from, the information then updated to current conditions, that the document will be a focused EIR, looking at issues and data that may not have been considered in previous documents, and with regard to geological concerns, the request is that all information pertaining to that issue be studied and addressed anew. He noted that the areas of concern that staff felt most appropriate are to be considered in the draft document, and once the EIR process has begun there will be noticed scoping sessions to allow the public to bring forth issues that are felt should be addressed, which will be considered in the formulation of the draft EIR. He confirmed that aesthetics for the Specific Plan are to be addressed in the EIR. Mr. Galen Ambrose, Seal Beach, requested that there be provision for a no project alternative. He said the State Lands property would be an important piece of property to bring tidal flushing to the one hundred plus acres of wetlands that the Wetlands Society has requested, and to develop this site would pose a major detriment to that effort. The Development services Director pointed out that a no project analysis is a requirement of all EIR's. Mayor ProTem Laszlo requested copies of all financial reports on the Mola project listed under Fiscal Impact Documentation of the Request for Proposal. Forsythe moved, second by Hastings, I to receive and file the report regarding the Request for Proposal for Environmental Impact Report on the proposed State Lands property hotel project. AYES: NOES: ABSTAIN: ABSENT: Forsythe, Hastings, Laszlo None Hunt Wilson Motion carried ITEM "T" - BUSINESS LICENSE - LE BAS LIMOUSINES The Acting city Manager stated pursuant to request of the Council the business license matter for LeBas Limousines nad 4-22-91 I been reviewed by staff, that Section 11-33(c) requires that in addition to the annual business license there is to be a $100 assessment per vehicle, however due to a previous error the taxicab rate of $10 annually had been applied to LeBas Limousines during recent years. He requested that this item be removed from consideration and that staff be allowed to conduct a survey of other cities and a recommendation for possible adjustment of the license fee for limousines. Mrs. Barbara Antoci, Seal Beach, objected to the parking of LeBas Limousines on Seal Beach Boulevard, claiming that the operator of the business has adequate parking for his vehicles that should be utilized. It was the consensus of the Council to hold this item over pending further information from staff. I PUBLIC HEARING - PRELIMINARY EXPLORATORY AREA - REWORK OF WELL NO. 23 - ALAMITOS LEASE Mayor ProTem Laszlo declared the public hearing open to consider the application for a Preliminary Exploratory Area Permit to drill/redrill at the surface location of Oil Well Number 23 of the Alamitos Lease (N.W.S. No.1 Well). The city Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received either for or against this item. The Director of Development services reported the requested permit would allow a ninety day test drilling period to determine if further drilling would be warranted for future prOduction, and should further drilling'be requested, an additional application would need to be made for a final permit. He noted the well is located on the Naval Weapons station, the area has been in oil production for thirty-six years, and is one of twenty-six wells, nineteen of which are natural production, two are water injection wells, and that a previously issued exploratory permit did not go forward as that particular site was found to be nonproductive. The Director reported an initial study was prepared and circulated to the appropriate resource agencies, that comments were received from the U. S. FiSh and Wildlife Service indicating they would have no objection if certain measures were incorporated into the approvals relating to the nesting season of the least tern and clapper rail, also that a report had been obtained from the Navy that indicates a rebound of previous subsidence of the area within the Station since the ground water wells were taken out of service in 1984. The Director reviewed the seven conditions of approval as set forth in proposed Resolution Number 4031. Councilmember Forsythe inquired if another environmental checklist would be required upon request for a final permit, and how the injected sea water is kept separate from the fresh water. The Director responded that another checklist would be required and deferred the second question to the applicant. Mayor ProTem Laszlo invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. ~epresentatives of Breitburn Energy Corporation, the applicant, explained that the sea water that is pumped in conjunction with the oil production is salt water from approximately eight to nine thousand feet below the earth. surface, that sealed piping keeps the salt water separate from the fresh water reservoirs, and is reinjected into the ground. The Director reported the Department of Development Services, Fish and Game, and Division of Oil and Gas all monitor the drilling operations. There being no further comments, Mayor Laszlo declared the public hearing closed. I 4-22-91 RESOLUTION NUMBER 4031 - APPROVING PRELIMINARY EXPLORATORY AREA PERMIT - WELL NUMBER 23 - ALAMITOS LEASE (BREITBURNl Resolution Number 4031 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A "PRELIMINARY EXPLORATORY AREA" PERMIT TO DRILL/ REDRILL A NEW OIL WELL (N.W.S. NO.1) FROM THE SURFACE LOCATION OF OIL WELL NO. 23 OF THE ALAMITOS LEASE (BREITBURN)." By unanimous consent, full reading of Resolution Number 4031 was waived. Laszlo moved, second by Forsythe, to adopt Resolution Number 4031 as presented. I AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried RESOLUTION NUMBER 4032 - PUBLIC EMPLOYEES RETIREMENT CONTRACT - INTENT TO AMEND I ORDINANCE NUMBER 1334 - AUTHORIZING AMENDMENT Resolution Number 4032 was presented to Council entitled "A RESOLUTION OF INTENTION OF THE CITY OF SEAL BEACH 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 4032 was waived. Ordinance Number 1334 was presented to Council for first reading 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 1334 was waived. The Acting City Manager advised that Resolution Number 4032 and Ordinance Number 1334 implement changes to the previously approved employee Memorandums of Understanding, providing credit for unused sick leave and third level 1959 survivor benefits for local pOlice members only. Hunt moved, second by Forsythe, to adopt Resolution Number 4032 and to approve the introduction of Ordinance Number 1334 and that the Ordinance be passed to second reading. I AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried RESOLUTION NUMBER 4033 - HONORING RYAN MATTHEW NORDSTROM - BOY SCOUT EAGLE AWARD Resolution Number 4033 was presented to Council entitled "A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING RYAN MATTHEW NORDSTROM FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD. II By unanimous consent, full reading of Resolution Number 4033 was waived. It was noted that the recipient would be present at the last meeting iri June for presentation of the Resolution. Laszlo moved, second by Forsythe, to adopt Resolution Number 4033 as presented. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I RESOLUTION NUMBER 4034 - ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN - APPROVING AMENDMENTS Resolution Number 4034 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING AMENDMENTS TO THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN." By unanimous consent, full 4-22-91 I reading of Resolution Number 4034 was waived. The Assistant City Attorney noted that California cities and counties adopted Hazardous Waste Plans in 1989 as required by the Tanner Bill and most plans included fair share language, the state Department of Health Services ultimately rejected all plans that included that language, and in turn additional legislation was approved that allowed an opportunity to amend the Plans. He reported the Resolution proposes a amendments to the 1989 Plan, deleting certain language and other minor changes, and that the County is required to obtain fifty percent approval of half of the cities and population to submit the Plan to the State by June 30th. In response to Council, the Assistant City Attorney said the consequence of the County not having a Waste Management Plan would be a loss of local autonomy as to how the waste would be disposed of, also the County would not be able to participate in decisions as to where hazardous waste treatment facilities will be located, and the effect of Seal Beach taking no action would not be problematic if the other cities support the amendments. Hastings moved, second by Hunt, to adopt Resolution Number 4034. Mayor ProTem Laszlo requested that the Environmental Quality Control Board review items such as this in the future. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I RESOLUTION NUMBER 4035 - LOT LINE ADJUSTMENT - 251 and 253 - SIXTH STREET - ERICKSEN Resolution Number 4035 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE LOT LINE ADJUSTMENT OF PARCELS 34 AND 35, BLOCK 023 OF THE ACCESSORS MAP BOOK 199, PAGE 02 OF ORANGE COUNTY." By unanimous consent, full reading of Resolution Number 4035 was waived. The Development Services Director reported the adjustment would create two twenty-five foot wide lots the adjustment bringing these lots into conformance with othe~ lots in the area, and the adjustment is exempt from the Subdivision Map Act. Hastings moved, second by Hunt, to adopt Resolution Number 4035 as presented. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 10:00 p.m. The Council reconvened at 10:12 p.m. with Mayor ProTem Laszlo calling the meeting to order. Council requested that a copy of the Hazardous Waste Management Plan be provided to the Environmental Quality Control Board and the Solid Waste Advisory Committee. I RESOLUTION NUMBER 4036 - POLLING PLACES and ELECTION OFFICERS Resolution Number 4036 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE SPECIAL MUNICIPAL ELECTION ON TUESDAY, JUNE 4, 1991, CALLED BY ORDINANCE NUMBER 1326 OF THE CITY COUNCIL." By unanimous consent, full reading of Resolution Number 4036 was waived. Hastings moved, second by Forsythe, to adopt Resolution Number 4036 as presented. 4-22-91 AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried SEAL BEACH BOULEVARD - LAND USE STUDY - STAFF DIRECTION The Director of Development Services reported several property owners along Seal Beach Boulevard south of Pacific Coast Highway requested that the Planning Commission re- institute consideration of allowing a mixture of residential and commercial uses in that area, where present zoning allows only commercial use, no new residential development, and existing residential uses are classified to be legal nonconforming uses. He noted the City had developed and approved a Seal Beach Boulevard Improvement Plan in 1986, however no further action has been taken by the city to implement the Plan or establish the necessary mechanisms to allow the pUblic improvements to proceed. The Director stated after a review of the history of the area the Planning Commission made two recommendations to the Council, to direct staff to prepare a report as to the necessary steps to allow for the restriping of Seal Beach Boulevard to allow angled parking, including time frame, costs of implementation, safety and liability concerns and other related issues, also with regard to a Zoning Text Amendment that would allow the mixture of residential/commercial uses, the commission requested an outline of pending work assignments for prioritization. He explained that the zone change would require a General Plan Amendment and Zoning Text Amendment to allow the mixed use of the area, and it may be possible to have a draft of those prepared within sixty to seventy-five days. Hastings moved, second by Forsythe, to approve the recommendation that the Public Works, Engineering and Planning Departments prepare a joint report for Council consideration as to the necessary steps to be completed to allow for the restriping of Seal Beach Boulevard to allow angled parking. Councilman Hunt indicated he would oppose the motion given the extensive staff time required and the lack of monies to complete the renovation of Seal Beach Boulevard. Mr. Walt Miller, 229 and 231 Seal Beach Boulevard, said the request is not to implement the plan adopted five years ago, merely the restriping of the Boulevard similar to Main Street which would require a minimum expenditure of funds, an attempt make it a viable retail/commercial area. Councilman Hunt expressed concern with traffic and speed on Seal Beach Boulevard being much greater than on Main street, and questioned the ramifications of diagonal parking. Mr. Miller noted a suggestion that a stop sign be placed on Seal Beach Boulevard at Landing, and expressed his belief that more parking would increase the retail viability of the area. Mr. Bruce Stark, Seal Beach, offered that nothing will be improved unless the zoning is changed. He pointed out that when the Plan was approved five years ago the Council requested that outside funding be sought to assist with the improvements, and urged that action be taken to go forward with rezoning of the area to allow the mixed use. Vote on the motion regarding possible restriping to allow angled parking: AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried Hastings moved, second by Forsythe, to initiate the necessary General Plan and Zoning Ordinance Amendments to accomplish I I I ).1-. . ' . . 4-22-91 I rezoning of the area. Mr. Dave Bartlett, Surfs ide Colony, said he was the consultant that worked on the 1986 Seal Beach Boulevard Improvement Plan, and stated that a number of studies have shown that diagonal parking is viable, and he would concur that it should be implemented as well as the rezoning to allow mixed use. He suggested also that the Plan be looked at again in its entirety, noted the Navy has implemented a landscaping plan, and referred to Seal Beach Boulevard as a main entry to the city. staff advised that some funding for improvements had been applied for however had not been approved. Mr. Bartlett offered that the mixed use would serve to revitalize the area yet not preclude residential. Ms. Seretta Fielding, Seal Beach Boulevard property owner, pre-school operator, and member of the 1985 Seal Beach Boulevard Task Force, said at that time there had been pUblic hearings, public input, the residents were notified, that there are basically the same property owners on 17th Street, new residents on Electric Avenue, that the requested angled parking and rezoning will be compatible with the area, allow improvements to the properties, and result in a more pleasant atmosphere. Mr. Charles Antos, 320 - 17th Street, said an overlay zone was originally considered in 1983, a consultant was retained later who prepared the Improvement Plan that included a median island and diagonal parking, to which there was concern with accessibility for fire equipment, removal of disabled vehicles, etc., and suggested before angled parking is implemented the city should obtain the opinion of a traffic expert, a legal opinion with regard to changing the configuration of parking as it relates to the Highway Master Plan, and consideration of time and cost to implement angled parking. Mr. Frank Pryer, 233 Seal Beach Boulevard, offered that most of the property owners are in agreement with the restriping and zone change, that he too supports the proposals, which would allow the opportunity to improve the street as well as the properties. I AYES: NOES: ABSENT: Forsythe, Hastings, Laszlo Hunt wilson Motion carried COUNCIL CONCERNS Councilmember Forsythe commended the Miss Seal Beach Pageant and those who worked for its success, and requested that the Queen and her Court be invited to a future meeting. She noted there was to be a speed study of Bolsa Avenue in the vicinity of McGaugh School, and stated her desire that the speed limit revert to twenty-five miles per hour. I ORAL COMMUNICATIONS Mayor ProTem Laszlo declared Oral Communications open. Mr. Mario Voce, 730 Catalina Avenue, spoke regarding commitments that should be made on this day, Earth Day 1991, to the earth, the plants, and the animals. There being no further comments, Mayor ProTem Laszlo declared Oral Communications closed. CLOSED SESSION No Closed Session was held. ADJOURNMENT Hastings moved, second by Forsythe, to adjourn the meeting' until Sunday, April 28th at 10:00 a.m. to meet in Closed Session regarding the City Manager position. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried 4-22-91/4-28-91 The meeting was adjourned by unanimous consent of the Council at 10:48 p.m. 'I Approved: J-J.. g,~4- Y6r Pro m Attest: Seal Beach, California April 28, 1991 The City Council of the city of Seal Beach met in regular adjourned session at 10:00 a.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson councilmembers Forsythe, Hastings, Hunt, Laszlo 1- Absent: None Also present: Mrs. Yeo, city Clerk CLOSED SESSION Mayor Wilson announced the Council would meet in Closed . Session to discuss personnel matters relating to the city Manager position. It was the order of the Chair, with consent of the council, to adjourn to Closed Session at 10:01 a.m. Councilman Hunt left the meeting at 11:00 a.m. The Council reconvened at 11:43 a.m. with Mayor Wilson calling the meeting to order. The Mayor reported the Council had discussed personnel matters as previously reported, and stated the City council wished to announce the appointment of Mr. Jerry Bankston as city Manager to officially commence his employment on June 5th, 1991. . ADJOURNMENT It was the order of the Chair, with consent of the council, to adjourn the meeting until May 13, 1991 at 6:15 p.m. to meet in Closed Session. I The meeting was adjourned at 11:48 a.m. by unanimous consent of the Council. .~ ,