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HomeMy WebLinkAboutCC Min 1991-07-08 6-24-91/7-8-91 Attest: /J Clerk Seal Beach, California July 8, 1991 I The city Council of the City of Seal Beach met in regular adjourned session at 6:17 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Forsythe, Hastings councilmember Wilson Absent: Vacancy: One Laszlo moved, second by Forsythe, to excuse the absence of Councilmember Wilson from this meeting. AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried Also present: Mr. Bankston, City Manager Mr. Barrow, Assistant City Attorney Mrs. Yeo, city Clerk I CLOSED SESSION The Assistant city Attorney announced that the City Council would meet in Closed Session pursuant to Government Code section 54956.9 (a) and (b) to discuss pending litigation,-- Case Number CV 91 35 39, and Mola versus City of Seal Beach. It was the order of the Chair, with consent of the council, to adjourn to Closed Session at 6:18 p.m. The Council reconvened at 7:18 p.m. with Mayor Laszlo calling the meeting to order. The Assistant city Attorney reported the Council had discussed the cases previously announced, in addition the Council gave direction in the matter of Boehm versus Seal Beach, discussed a personnel matter, and no action was taken. ADJOURNMENT It was the order of the Chair, to adjourn the meeting at 7:19 Attest: lerk and ex- of Seal Beach -h~r ~ rL consent of the Council, of the I Approved: " 7-8-91 Seal Beach, California July 8, 1991 I The city Council of the city of Seal Beach met in regular session at 7:19 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Forsythe, Hastings Absent: Councilmember Wilson Vacancy: One Laszlo moved, second by Forsythe, to excuse the absence of Councilmember Wilson from this meeting. AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried Mr. William Doane was appointed and assumed his position as the District Five representative on the city Council at approximately 8:00 p.m. I Also present: Mr. Bankston, city Manager Mr. Barrow, Assistant City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk WAIVER OF FULL READING Hastings moved, second by Forsythe, 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. AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried I ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Mr. Don May, Chamber of Commerce Membership Director, spoke of a tee shirt that he personally had printed as a promotional item to benefit the Chamber, however he said the Chamber had no involvement in the tee shirt, and given the understanding that there had been complaints with regard to the use of the City's 75th Anniversary logo, said it has now been blocked out. Mr. Gordon Shanks, 215 Surf Place, referred to the Grand Jury inve~tigation, the nepotism issue, and more recently an alleged quota system in the Police Department, to which he said there is a perception that the Department is out of control and receiving no direction from the Council and City Manager, and asked that the public be , informed as to what is being done. Mr. Laird Mueller, 8th Street, likened his concerns to those of Mr. Shanks, he praised the quality of Seal Beach police officers and the new bicycle patrol, yet urged the Council to direct the City Manager to work with the Police Chief to develop new policies to avoid even the appearance of improprieties. 7-8-91 Ms. Helen Potepan, Leisure World, expressed disappointment that her Council representative was absent from another meeting. There being no further comments, Mayor Laszlo declared Oral Communications closed. COUNCIL ITEMS I APPOINTMENTS - BOARDS and COMMISSIONS Beach Commission The District Two appointment to fill the Beach Commission was held over. vacancy on the Environmental Oualitv Control Board The District Five appointment to fill the vacancy on the Environmental Quality Control Board was held over. Parks and Recreation commission The District Three and Five appointments to the Parks and Recreation Commission were held over. Planninq Commission The District Five appointment to the Planning commission was held over. proiect Area Committee The District One and Three resident appointments and the District One business appointment were held over. Ad Hoc Solid Waste Committee The District Two appointment to the Ad Hoc Solid Waste Committee was held over. citizens Participation Committee The District Five appointment to the citizens Participation Committee was held over. I BUSINESS ADVISORY COMMITTEE Mayor Laszlo moved to appoint Mr. Rich Harbour as the District Four representative to the Business Advisory Committee, Councilmember Hastings seconded the motion. AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried TODOS SANTOS VISIT Councilmember Forsythe reported receiving a telephone call from a member of the International Friendship Committee approximately two weeks past advising that sixteen Spanish speaking children would be arriving in the community shortly however no accommodations had been arranged for them. She said within hours housing and meals were arranged with local families, Ruby'S and McDonalds hosted them, as did the Fish Company who also provided Spanish language menus, and I donations were made to allow the children a visit to Disneyland and go to an Angel baseball game. Councilmember _ Forsythe commended and expressed appreciation to all persons who participated in making the visit of the children a pleasurable experience to be remembered. RECENT COMMUNITY EVENTS Councilmember Forsythe spoke of the tee shirt that had been printed and mentioned early in this meeting, stated it was offensive to her, is not representative of what the community stands for, reported receiving telephone calls 7-8-91 I from a number of angry persons, including the mother of Miss Seal Beach who also took great exception to the newspaper photograph of her daughter in which the tee shirt was displayed. She expressed strong objection to the association of the City'S name with the unclad lady on the tee shirt, also suggested that Mr. May might want to appear unclad on a tee shirt with a caption appropriate to him. Councilmember Hastings agreed that the tee shirt was beyond bad taste as was the photograph of Miss Seal Beach, Mr. May and his tee shirt, that the promotional shirt of Mr. May and the use of the 75th Anniversary logo implies that there was City approval or sponsorship, and she too received a number of telephone calls objecting to the shirt. CITY COUNCIL VACANCY - DISTRICT FIVE The Assistant City Attorney explained that pursuant to city Charter the Council has a thirty day period in which to either fill the District Five vacancy by appointment or call a special election for that purpose, also that an appointee would serve until the next regular City election at which time the position would be filled for the remainder of the term by vote of the people. Mayor Laszlo noted receipt of written communications from three individuals having interest in the position and invited them to address the Council if they chose to do so. Mr. William Doane, Mr. Bill Hurley, and Mr. Howard McCurdy each briefly reviewed their background, experiences, and interest in the position. I Councilmember fill the city Councilmember read excerpts Hastings moved to appoint ,Mr. William Doane to Council vacancy from District Five. Forsythe seconded the motion. Mayor Laszlo from Mr. Doane's letter of interest. AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried Appreciation was extended to Mr. Hurley and Mr. McCurdy for their interest in serving the community. The City Clerk administered the Oath of Office to Mr. William Doane after which he assumed his city Council seat. It was the order of the Chair, with consent of the Council, to declare a recess at 8:00 p.m. The Council reconvened at 8:10 p.m. with Mayor Laszlo calling the meeting to order. I HELLMAN SPECIFIC PLAN COMMITTEE RECOMMENDATIONS Councilmember Hastings noted that she had requested that the recommendations of the Hellman Specific Plan Committee be forwarded to the Planning Commission for public hearings, however recognizing that the voters were not overly enthusiastic with the Advisory Measure 91-B, suggested that it may be better to reform the Committee to study zone changes and develop new recommendations for the Hellman Ranch property, the Committee to consist of possibly three persons from each district. Councilmember Forsythe concurred providing that the intent is that the Committee begin anew, possibly working in conjunction with the consultant performing the new environmental studies, and expressed preference that there be equal representation from each district on the Committee. Mayor Laszlo suggested that the staff be directed to develop guidelines for such Committee. Hastings moved, second by Forsythe, that a Hellman Specific 7-8-91 Plan Committee be formed and develop guidelines for such. that the Committee be formed that staff be directed to councilmember Hastings asked at the earliest time possible. AYES: NOES: ABSENT: Doane, Forsythe, Hastings, Laszlo None Wilson Motion carried I CONSENT CALENDAR - ITEMS "G" thru "N" Councilmember Forsythe requested Item "M" be removed from the Consent Calendar, and Mayor Laszlo asked that Items "J" and "K" be considered separately since Councilman Doane was not a member of the Council at the time of those meetings. Hastings moved, second by Forsythe, to approve the recommended action for items Qn the Consent Calendar, except Items "J, K, and Mil, as presented. G. Approved regular demands numbered 84518 through 84572 in the amount of $364,330.17 and payroll demands numbered 45872 through 46054 in the amount of $212,126.59 as approved by the Finance Committee, and that warrants be drawn on the Treasury for same. H. Approved the EIR Consultant Agreement with P & D Technologies and the Reimbursement Agreement with Mola Develppment Company for the Hellman Ranch Specific Plan Amendment Subsequent Environmental Impact Report Preparation, authorized the City Manager to execute said Agreements on behalf of the City and that the Agreements be forwarded to the project applicant and the EIR consulting firm for execution. I I. Approved the EIR Consultant Agreement with P & D Technologies and the Reimbursement Agreement with Seal Beach Gateway, Inc. for the state Lands Commission Hotel Project Focused Environmental Impact Report Preparation, authorized the City Manager to execute said Agreements on behalf of the City and that the Agreements be forwarded to the project applicant and the EIR consulting firm for execution. L. Bids were received until June 13, 1991 at 1:30 p.m. for Project Number 613, Resurfacing of Candleberry, Dogwood and Fir Avenues, at which time they were publicly opened by the city Clerk as follows: R. J. Noble Company Sully Miller Construction Company Griffith Company Excel Paving Company $109,046.72 111,941.22 119,116.44 134,707.11 I Awarded the contract for Project Number 613 to the low bidder, R. J. Noble Company, in the amount of $109,046.72, and authorized the City Manager to execute the contract on behalf of the city. N. Accepted the resignation of Mr. Ernie winter, District Five representative to the Solid Waste Advisory Committee, and declared the position vacant. ~.,.... . 7-8-91 AYES: NOES: ABSENT : Doane, Forsythe, Hastings, Laszlo None Wilson Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEMS "J" and "K" - MINUTES Hastings moved, second by Forsythe, to approve the minutes of the regular adjourned meeting of January 28, 1991 and the minutes of the regular meeting of January 28, 1991 as presented. AYES: NOES: ABSTAIN: ABSENT: Forsythe, Hastings, Laszlo None Doane Wilson Motion carried I SURFACE LEASE AGREEMENT - EXXON/TEXACO - FIRST STREET/MARINA DRIVE In response to an inquiry of Councilmember Forsythe, the Assistant City Manager explained that the location of the racketball courts and grass area adjacent to First Street/Marina Park are currently under lease from Exxon and Texaco and the proposed amendment extends the lease of that property for a period of five years. Forsythe moved, second by Hastings, to approve the amendment of the Surface Lease Agreement by and between Exxon Corporation, Texaco Exploration and Production, Inc., and the City of Seal Beach for the period May 13, 1991, through May 12, 1996. AYES: Doane, Forsythe, Hastings, Laszlo NOES: None ABSENT: Wilso~4 Motion carried ORDINANCE NUMBER 1~40 - PLAN CHECKS - X-RAY EOUIPMENT Ordinance Number 1i40 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF SEAL BEACH TO REQUIRE PLAN CHECKS OF FACILITIES WHICH HOUSE X-RAY EQUIPMENT." By unanimous consent, full reading of Ordinance Number 1140 was waived. Forsythe moved, second by Hastings, to adopt Ordinance Number 1140 as presented. AYES: NOES: ABSENT: Doane, Forsythe, Hastings, Laszlo None Wilson Motion carried I RESOLUTION NUMBER 4066 - LOT LINE ADJUSTMENT 91-1 - SURFS IDE COLONY. LTD. Resolution Number 4066 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE LOT LINE ADJUSTMENT OF PARCELS 42, BLOCK 471 & 1, BLOCK 672 OF THE ASSESSOR'S MAP BOOK 178, PAGES 47 AND 67 OF ORANGE COUNTY." By unanimous consent, full reading of Resolution Number 4066 was waived. The Director of Development Services reported the proposed lot line adjustment is between the Santa Fe Pacific Railway and Surfside Colony, Ltd., this being a final action to modify the lot lines with regard to the COlony'S recent acquisition of a portion of the right-of-way, that the subject property is a triangular area easterly of the Surfs ide entrance from Pacific Coast Highway and is currently used for ,parking and the access to Surfside. Hastings moved, second by Forsythe, to adopt Resolution Number 4066 as presented. AYES: NOES: ABSENT: Doane, Forsythe, Hastings, Laszlo None Wilson Motion carried 7-8-91 l}t{ ORDINANCE NUMBER Li41 - ADOPTING NATIONAL ELECTRICAL CODE. 1990 EDITION At the request of the City Manager, it was the consensus of the Council to hold this item over until the next meeting. RESOLUTION NUMBER 4046 - WATER CONSERVATION - STAGE II Resolution Number 4046 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RECOMMENDING ADOPTION OF MANDATORY COMPLIANCE/ WATER ALERT, STAGE II." By unanimous consent, full reading of Resolution Number 4046 was waived. The city Manager indicated his understanding that the Council previously adopted an Ordinance authorizing the implementation of various stages of water conservation, reported the city is presently obtaining its total water supply from three City wells, and while information is not available as to the total capacity of aquaflow recharging, it is understood that there has been an approximate ten foot drop in the level of pumping to secure water that is of a quality for distribution, thus the recommendation to implement Stage II of the water conservation program. Councilmember Forsythe inquired how the public will be made aware of the nine mandatory water conservation measures proposed to be adopted, and who and how they will be enforced. The staff responded that there will be press releases, possibly a billing insert and a second mailer, that residents will be notified of violations upon complaint or observation by City employees, that enforcement would only occur upon a second complaint. It was noted that specific enforcement guidelines have not been developed at this point, rather a greater reliance on voluntary compliance. Staff agreed to notify the large users of the Stage II mandatory compliance water conservation, also explained that the Naval Weapons Station does purchase city water and that it is metered. Councilmember Hastings suggested an amendment to reflect more reasonable hours for washing of an automobile than between 6:00 p.m. and 6:00 a.m. The City Manager noted that if the specific language was contained in the water conservation Ordinance it would be necessary to amend the Ordinance if such change were to be made. There was an indicated consensus that staff prepare such amendment. , Mayor Laszlo said he believed a drop in the water level each summer is frequently realized, and at that point water is obtained from MWD. The city Manager indicated his understanding that there may be limitations as to the water supply that MWD will be able to provide the city. The Assistant City Manager stated he was not certain if or when MWD will allow the City to purchase water given their cutback by fifty percent, where historically the city has purchased thirty percent from MWD and pumped seventy percent during the summer months. Mayor Laszlo requested justification for the Stage II conservation program, pointing out the lack of data relating to water usage, conservation figures, and conservation efforts of the large users. Discussion continued. The city Manager offered to provide further data at the next meeting including information from the Metropolitan Water District, and requested direction as to preferred hours for vehicle washing. A suggestion was offered of somewhere between 9:00 a,m. to 11: 00 a.,m. It was the consensus of the Council to hold this item over until the next meeting. LIONS CLUB FISHFRY The City Manager presented the request of the Lions Club to hold their annual fishfry in conjunction with the twenty- third annual Rough Water Swim on July 20th, and requested Council direction as to the elements of their request. Staff explained that the event is to be held on the apron I I I " 7-8-91 area adjacent to Eisenhower Park East, will be cordoned off, and that similar past events have been held without incident. Forsythe moved, second by Hastings, to approve the request of the Lions Club to hold their annual fishfry as presented. I AYES: NOES: ABSENT: Doane, Forsythe, Hastings, Laszlo None Wilson Motion carried ORANGE COUNTY COASTAL GOVERNMENTS COALITION The City Manager reported receipt of an invitation for the city of Seal Beach to become involved with the Orange County Coastal Governments Coalition, a group organized to be alert to and observant of offshore oil activities, there are no membership fees involved, and the mayor or elected official of the member cities meet on occasion. He' noted the Coalition is looking at the area off the coast to be declared a national marine life sanctuary as a means to permanently preserve the coast. Forsythe moved, second by Hastings, to accept the invitation to join the Coalition and that the Mayor be designated as the representative thereto. AYES: NOES: ABSENT : Doane, Forsythe, Hastings, Laszlo None Wilson Motion carried I COUNCIL CONCERNS Councilmember Forsythe said she anticipated a report to be forthcoming from the Solid Waste Advisory Committee sometime in August with regard to a recycling program. The city Manager suggested that the refuse matter should be considered at the same time as they are related to some degree. Mayor Laszlo requested a list of all business licensees for the information of the Council and the Business Advisory Committee. Councilmember Hastings advised that business licenses are not computerized, and there is a lengthy, two step process for the Finance Department to compile a complete list. In response to an inquiry regarding parking permits, the City Manager confirmed that the $10 annual cost is unchanged and it is believed that they are or will shortly be available at the Police Department. Mayor Laszlo reported receiving a telephone call from a person in Garden Grove advising that a portion of that city wants to become part of Seal Beach, the area consisting of residential with some commercial and thought to have a good tax base, a similar proposal having been mentioned with regard to Island Village in Long Beach. Mayor Laszlo made reference to a recent news article alleging a quota system in the Police Department to which he quoted from a Police Department report of January 1991 that was prepared by Police administration in an effort to improve and update the performance standards of their personnel on a six month experimental basis, agreed to by the Police Officers Association and their attorneys. The Mayor also quoted from a section of the Vehicle Code providing that the number of arrests or citations may not be used as the sole criteria for promotions, demotions, etc., and may only be considered in combination with other criteria in evaluating the overall performance of a police officer. He noted as well that certain university professors and some judges that were quoted in the news article as having said if there is a quota it is illegal are now upset that they were misled as to the full contents of the Police Department study report. I ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Mr. Mario Voce, 730 Catalina Avenue, welcomed Councilman Doane and 7-8-91 introduced himself to the City Manager as the Chairman of the EQCB. He invited the public to attend the EQCB meetings where environmental issues are discussed. Mr. Voce congratulated the community for the political peace, and suggested everyone move forward to make Seal Beach the best city in California. Ms. Francis Johnson, Coastline Drive, suggested any police quota could be met by merely citing 1 those who run red lights just in the area from Rossmoor to -, Westminster Avenue. She also reported that recycling containers for papers and cans are provided to Fresno residents at no cost. Ms. Carla Watson, Seal Beach, made reference to the upcoming Rough Water Swim on July 23rd, announced the registration deadline has been extended to July 19th, and welcomed anyone wishing to volunteer their services to work the event. She extended an invitation to the members of the Council and the citizens to attend, and deemed the event to be a un iter in the community. With regard to the recent adoption of the budget, Mayor Laszlo stated that diligence must be paid to the State budget process and the resulting impacts on the City. Mr. Charles Antos, 328 - 17th Street, inquired if the EIR for the Hellman property w~s in response to the refiled application. Staff replied in the affirmative, the application filed in January, 1991. Mr. Antos said he understood that the application is in essence the same as was previously submitted and processed, and in that case he believed to appoint a committee to work with the consultant would be an effort in futility, and it would be his preference that the Council pursue the highest and best use of that property. Mayor Laszlo noted that the city has one year to take an action on the application or it will be deemed to be I approved. As a point of clarification, the Development Services Director explained that one of the charges of the consultant will be to develop an environmentally sensitive . alternative, the consultant will be working with the information that the Hellman Specific Plan Committee provided to the Council in late 1990, that the consultant will develop a site constraint map to include wetland areas, liquefaction, fault lines, archaeological resource areas, and prepare a development proposal that mayor may not include residential development on the site as an environmentally sensitive alternative. He reported the cost of the EIR i~ $222,000, that cost to be borne by Mola Development if they determine to proceed with the project. Mr. Laird Mueller, 8th Street, asked why the Mola Development Corporation filed another application. The Director responded that he could not answer the question, he could only report that an application was filed, it is an acceptable application in that it is different from the application considered by the City in 1989, the application has been reviewed by staff and determined that additional environmental documentation is necessary, and at this point it is a decision of Mola Development to decide if they wish to bear the cost of the additional environmental work in order to proceed, and should he choose not to bear that cost, there would not be a project under review by the city. I Mr. James Goodwin, 1405 Crestview Avenue, questioned whether the new application is substantially different from the prior application. The Assistant city Attorney responded that their application was reviewed specifically with regard to that provision of the Code, it was determined that the first application was identical and it was rejected, Mola submitted another application, there was subsequently a number of variations of that plan, and it was ultimately determined that it was substantially different from the prior application. Mr. Goodwin expressed his discomfort with any type of a quota system in the Police Department, which could result in a competitive situation between the 7-8-91/7-22-91 pOlice officers themselves, and a undesirable relationship with the citizens. There being no further comments, Mayor Laszlo declared Oral Communications closed. I CLOSED SESSION No Closed Session was held. ADJOURNMENT Laszlo moved, second by Forsythe, to adjourn the meeting until Monday, July 22nd at 6:15 p.m. to meet in Closed Session. AYES: NOES: ABSENT: Doane, Forsythe, Hastings, Laszlo None Wilson Motion carried It was the order of the Chair, with consent of the council, to adjourn the meeting at 9:26 p.m. of the Approved: ~ "'.. L d~pt- Mayor I Attest: Seal Beach, California July 22, 1991 Beach city Council regular adjourned session for 6:15 p.m. was cancelled due to the lack of iscus ion in Closed Session. o ne M. Yeo, ty of Seal Beach I Seal Beach, California July 22, 1991 The city Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Doane, Forsythe, Hastings, Wilson