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HomeMy WebLinkAboutCC Min 1991-08-12 8-5-91/8-12-91 I changed, the contract should therefore be null and void, and that the contract should be put to bid rather than renegotiated. She suggested there are areas in the community that could be used for composting, that a bagging system could be initiated as is done on the east coast, that application should be made now for any necessary permits, also that a recycling contract should be with the materials recovery facility rather than the trash hauler. Mayor Laszlo suggested that Ms. Corbin's comments be presented to the Solid Waste Committee. Mr. Perry pointed out that even upon adoption of the Plan there is a requirement for annual review by the California Waste Management Board or the city and should significant changes occur, the Plan would be required to be revised or amended accordingly to reflect the current situation, and should the bag method be determined an effective program in the future, that method could be adopted, also noted that composting is significantly different in the easterly states than the westerly states. He pointed out that a permit to compost would require compliance with CEQA, possibly an environmental impact report, approval by the Water Quality Control Board, etc., and it may be in the City'S best interest to contract rather than compost locally. Ms. Corbin claimed that Leisure World has a more acceptable refuse contract because they solicited bids, where bids were not sought for the Briggeman contract. I Mayor Laszlo declared a recess at Committee members to be excused. at 5:35 p.m. ORAL COMMUNICATIONS There were no Oral Communications. 5:32 p.m. to allow the He reconvened the meeting ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 5:36 p.m. of the Approved: J~..L 4F~- Mayor Attest: 'I Seal Beach, California August 12, 1991 The City Council of the City of Seal Beach met in regular session at 7:01 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. -- 8-12-91 ROLL CALL Present: Mayor Laszlo Councilmembers Doane, Hastings, Wilson Absent: Councilmember Forsythe Wilson moved, second by Doane, to excuse the absence of Councilmember Forsythe from this meeting. AYES: NOES: ABSENT: Doane, Hastings, Laszlo, Wilson None Forsythe Motion carried Also present: Mr. Bankston, city Manager Mr. Barrow, Assistant City Attorney Mrs. Yeo, city Clerk WAIVER OF FULL READING Hastings moved, second by Doane, 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: Doane, Hastings, Laszlo, Wilson None Forsythe Motion carried ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Mr. Don May spoke regarding the tee shirt he had recently produced that became an item of some criticism, read a communication from a Long Beach State professor who described the unclad figure on the shirt as calendar art that should not be subject to restriction, and since the pictorial portion and caption did not necessarily represent Seal Beach suggested those persons that are offended may choose to not purchase or wear the garment. Mr. May presented a tee shirt depicting an image of himself and caption for Councilmembers Hastings and Forsythe. He said given the number of requests for his shirt he had more produced, with the city logo, that are available locally. Ms. Dorothy Whyte, Seal Beach, mentioned the effort that went into developing the 75th Anniversary ,- logo, which is now the property of the City, suggested that Mr. May donate proceeds from his tee shirt to something of benefit to Seal Beach, and expressed her objection to the figure on the shirt and the use of the 75th logo. Ms. Beverly Casares, Seal Beach, stated her intent to provide the Council and City Manager with a news article citing the need for the sheriffs department in relationship to the Police Department and fiscal problems in the city of Long Beach, indicating that the same may hold true in Seal Beach. Ms. Casares noted her prior request to view certain documents to which she said there had been no response, and read her communication directed to the City Council and City Clerk requesting to examine all official, unedited claims against the City for the past four years. with regard to a prior question of the participation of certain members of the Council in Closed Sessions when discussing the Mola issue, she commended Councilmember Wilson for placing an item on the agenda dealing with the confidentiality of Closed Sessions. Ms. Barbara Antoci, Seal Beach, stated her understanding that the Police Chief would be present at this meeting with regard to the requested citizens police review board, and indicated that two officers have offered to join the effort to establish such a board. Mr. Bruce Stark, Seal I . I I 8-12-91 I Beach, suggested that certain items that were previously before the Council be brought back for action, the labor relations matter, an acceptable whistle blower ordinance, and a report as to what has been done to compensate a former member of the Police Department who was dismissed as a result of the nepotism issue. Mr. stark proposed that four additional members be appointed to the Planning Commission from downtown in as much as the majority of planning issues are from the downtown area. He said Old Town is the repository for all of the low and moderate income housing in the City, noted the Housing Element has been challenged once on the lack of low income housing, for which the City had to bear the legal costs, suggested that issue will arise again, and stated Housing Elements are not just a goal, that the City needs to make an effort to accommodate such housing. Mr. Stark commended the Parks and Recreation Department programs in which his granddaughter recently participated. He also complained about the cost of legal services. Mr. Charles Antos, 328 - 17th street, said it appears that certain members of the Planning commission have a belief that in order to be heard one must be a property owner, an issue he said he believed was settled at the time of the Continental Congress, and asked that the Council direct the City Attorney to provide a definitive explanation to the Commission. Ms. Sue Corbin, Seal Beach, offered that when local businesses become involved with politics the residents choose to not trade with those businesses, which in turn reduces revenues generated to the City, therefore the business community and Chamber should not be involved in politics. Ms. Dorothy Whyte, Seal Beach, noted that Mr. May is the honorary mayor of Belmont Shore, and suggested that he go to the Long Beach Council and request to use their logo on his artwork. There being no further comments, Mayor Laszlo declared Oral Communications closed. I PROCLAMATIONS Mayor Laszlo proclaimed August 17, 1991 as "Volunteer Firefighter Recognition Day." Battalion Chief Don Forsythe accepted the Proclamation with appreciation. On behalf of Chief Holms and the Orange County Fire Department he presented a collage of the history of the Fire Department over the past ten years. Mr. Joe Kalmick, representing the local volunteers, expressed appreciation for the volunteer recognition, noted the service of volunteers since 1928, and invited anyone wishing to serve the community in this manner make application to become a volunteer. In response to Council Mr. Kalmick explained that the volunteer horn is on a timer and is used as a backup should the pagers not function properly. COUNCIL ITEMS APPOINTMENTS - BOARDS and COMMISSIONS I Parks and Recreation Commission The District Three appointment to the Parks and Recreation Commission was held over. pro,ect Area Committee The District Three appointment to the Project Area Committee was held over. Ad Hoc Solid Waste Advisorv Committee The District Two appointment to the Solid Waste Advisory Committee was held over. 8-12-91 REDISTRICTING COMMITTEE Mayor Laszlo requested that an item be placed on the next agenda to establish a Redistricting Committee and make the appropriate appointments. The city Manager said traditionally there have been two appointees from each of the Council districts however it would be within the purview '1_ of the Council to establish whatever guidelines are desired. Mayor Laszlo suggested the Committee be encouraged to complete their task within a specific time frame. Councilmember Wilson reviewed the memorandum setting forth the current district population figures as derived from the census figures and population goals of approximately 5020 per district. There was no objection to placing the Redistricting Committee item on the next agenda. CITIZENS POLICE COMPLAINT PANEL Councilmember Hastings made reference to the Grand Jury recommendation that the City be cognizant of complaints relating to the Police Department. She noted the hesitance of persons to make a complaint to the Department when they are involved, and suggested that a citizens Police Complaint Committee be formed where individuals would feel free to express their concerns, the Committee could look into the charge, if valid discuss the matter with the officer or the Chief, and make recommendations. She made reference to a communication from the Police Chief expressing concern with the proposed Complaint Committee, however said she believed it to be more of a public relations nature. Councilmember Hastings asked for the support of the Council to make the Committee a reality. Councilman Doane agreed that one may not wish to make a complaint to another member of the police I force, however asked if there is not a recourse where a person could voice their concerns to the city Manager. Councilmember Hastings noted the busy schedule of the City Manager and his involvement with the Police Department, and stated her desire that there be a Committee to hear complaints, after which an issue could be submitted to the Manager. She recalled that subsequent to the Grand Jury report the understanding was that there would be some mitigation measures implemented, a hotline to the Police Department being one, however that has not been done. Councilmember Wilson acknowledged that if there are complaints they should be investigated, however problems and possible legal conflict could be realized in having a citizens committee conducting an investigation where the situation could result in litigation. She pointed out that there are appropriate means to look into complaints, one channel being the Council, also that there are persons in the community that feel there are too many committees and the Council is abrogating its duties, citing also the danger and enormous difficulties that law enforcement encounter daily. Mayor Laszlo expressed some uncertainty with establishing a police review board, yet indicated that some type of complaint procedure could be considered, possibly broader based, a structured group with agendas and scheduled meetings. Councilmember Hastings agreed that ,the committee 1- could be generic, not focus on police matters only, yet would allow persons the opportunity to express their concerns. Ms. Barbara Antoci, Seal Beach, said it did not appear that Councilmember wilson was aware of the problems in other, areas of the city, and noted the Leisure World community has security officers that generally intervene in a situation prior to any request for police assistance. She said she had no knowledge of police being assaulted in this community, that there have been allegations of police abusing their powers, which she claimed is becoming more prevalent, likely a result of increased stress, and that the ," t' ,_, 8-12-91 I Grand Jury found that there were valid citizen complaints. Ms. Antoci stated that a citizens Committee will be formed, that they would like it formed under the auspices of the city, however if that is not the case, the committee will be formed anyway. Councilmember Wilson expressed her view that it would be more efficient to handle complaints as they are presently, that the City Manager is available if a person does not choose to go directly to the Police Department. She mentioned that three complaints had been submitted to the Council, which she briefly described and reported none of which were found to be valid, also that the Grand Jury recommendation was that the Council merely become more involved. Discussion continued. The City Manager explained that this item, as well as the redistricting matter, was placed on the agenda for comments, that based upon prior discussion it was understood that this item would not be brought back to the Council until such time as the committee could be duly constituted by resolution, sometime within a period of six to eight weeks. He noted there are some legal and administrative concerns with this particular proposal where, upon hearing further description of the charge of such committee, the committee would be within the purview pf the administrative responsibilities of the city Manager, and is not felt to be a proper channel for citizens to the Manager nor for complaints where further action may be deemed necessary. I CONFIDENTIALITY - CLOSED SESSIONS Councilmember Wilson requested a consensus of the Council to direct staff to prepare an ordinance declaring it to be a misdemeanor to divulge any information discussed in Closed Sessions. The Assistant City Attorney reported that a number of cities have adopted such ordinances in recent years, offering that although it may difficult to administer, it is legal, however is a policy decision of the Council. Councilmember Hastings said it may have been more appropriate had this been done prior to the initiative election, however indicated that she did not necessarily favor loyalty oaths, quotas, or an ordinance carrying a misdemeanor penalty, and cited her own trustworthiness. Mayor Laszlo requested that the Council be provided a staff report one or two weeks prior to the meeting for items such as this or the citizens committee proposal. The city Manager noted his understanding that a member of the Council could request that items be placed on the agenda under ' Council Items to seek comments and direction, and explained there has been no staff work done on any of these items to date, some of which could incur a cost. Mayor Laszlo said he was not aware of there being a problem relating to information from Closed Sessions in the past. Ms. Sue Corbin, Seal Beach, agreed that the issue is a matter of trust, and at this point there is no indication that there has been a violation of that trust, that those who have previously claimed Brown Act violations may be the ones that have been the violators, also an ordinance carrying such penalty could possibly be used for political purposes. Mayor Laszlo indicated his impression that it is illegal to discuss Closed Session matters, to which the Assistant City Attorney noted there is a provision within the Council procedural resolution to the effect that Closed Session information is not to be revealed without a vote of the Council, however there is no penalty connected therewith. Councilmember Wilson said she believed the Council respects the trust that has been afforded as elected members of the city Council, that she is fully aware that information can not be divulged, yet it has been hinted that information has been made public from Closed Sessions. Ms. Reva Olson, Seal I 8-12-91 Beach, said she did not feel there should be Closed Sessions, suggesting rather that a recording be made of those Sessions and made public at a later time should it involve litigation, stating that the public has a right to know. Mayor Laszlo noted that Closed Sessions are for the purpose of discussing personnel and litigation matters. There was no consensus or direction given on this matter. I It was the consensus of the Council to declare a recess at 8:09 p.m. The Council reconvened at 8:16 with Mayor Laszlo calling the meeting to order. CONSENT CALENDAR - ITEMS "F" thru "Z" Mayor Laszlo requested Item "N" be removed from the Consent Calendar, Councilmember Hastings requested Item "F" removed, Councilmember Wilson requested Item "H" removed, and Councilman Doane requested that Items "G, H, I, J, and K" be removed. Wilson moved, second by Hastings, to approve the recommended action for items on the Consent Calendar, except Items F, G, H, I, J, K, and N, as presented. L. Approved Resolution Number 4072 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #623, CONCRETE CURBING AND BRICK PAVER INSTALLATION AT EISENHOWER PARK." M. Received and filed the Notice of Preparation - McDonnell Center, Huntington Beach, and instructed staff to provide same to the ,Environmental Quality Control Board for information purposes. I O. Received and filed the Holly-Seacliff General Plan Amendment No. 91-2 - Draft Addendum to Final EIR 89-1 - City of Huntington Beach. P. Approved Resolution Number 4073 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTERED CITY, AUTHORIZING THE DESTRUCTION OF CERTAIN PERSONNEL RECORDS." Q. Approved Resolution Number 4074 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REGARDING THE ORANGE COUNTY / CITY HAZARDOUS MATERIAL EMERGENCY RESPONSE AUTHORITY AND ASSIGNING CERTAIN RECOVERY RIGHTS TO SAID AUTHORITY." R. Approved the Encroachment Permit for property located at 919 Electric Avenue, Southern California District of the Assemblies of God, to allow an entrance remodel encroaching approximately eighteen inches upon the right-of-way. S. Approved the selection of Aries Consultants, Ltd. as the Aviation Impact Sub-Contractor for the Bixby Ranch Golf Course Environmental Impact Report, approved the Agreement for reimbursement of Environmental Impact Report preparation and processing and staff support services with the Bixby Ranch Company, I 8-12-91 I approved the Agreement for professional services with Aries Consultants, Ltd., authorized the City Manager to execute the Agreements on behalf of the City and that said Agreements be forwarded to the applicant and the Aviation SUb-Contracting firm for execution. Approved the extension of the Lease between the City of Seal Beach and Sun 'N Fun Childcare Cooperative for the term ending June 30, 1993. U. Accepted the resignation of Ms. Elise Coury as the District Five representative to the Seal Beach Administration Building Authority, and declared the position vacant. T. V. Approved Resolution Number 4075 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING DAVID WILLIAM REGNIER FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD. II W. Approved Resolution Number 4076 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING DARIN QUINN JORGENSEN FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD." I' x. Approved Resolution Number 4077 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING SEAN CHRISTENSEN BOWEN FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD." Y. Approved Resolution Number 4078 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RECOGNIZING THE SEAL BEACH SWIM CLUB AND THE ANNUAL ROUGH WATER SWIM." Z. Denied the claim for damages of Mr. John Spencer and referred same to the city's liability attorney and adjuster. AYES: NOES: ABSENT : Doane, Hastings, Laszlo, Wilson None Forsythe Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "F" - DEMANDS Councilmember Hastings questioned payments to Orthopaedic Surgery, the Orange County Museum, and Larry sides. The City Manager explained the Museum payment was for day camp activities, is reimbursed to the City through the associated recreation program fees, the payments to Mr. Sides are reimbursable workers compensation payments. He pointed out that Mr. Sides is going through the disability retirement process, he and another person are presently serving in the capacity of part-time court liaison pending consideration of the full-time liaison position by the Civil Service Board. Councilmember Hastings asked if a dismissed former employee 8-12-91 would be reinstated to that position. The City Manager indicated he was not familiar with the individual or the circumstances. Hastings moved, second by Doane, to approve regular demands numbered 84659 through 85000 in the amount of $1,725,015.64, July 23rd payroll demands numbered 46267 through 46470 in the amount of $236,254.26, and August 6th payroll demands numbered 46471 through 46675 in the amount of $341,599.29 as approved by the Finance Committee, and that warrants be authorized to be drawn on the Treasury for same. I AYES: NOES: ABSENT: Doane, Hastings, Laszlo, Wilson None Forsythe Motion carried ITEM "H" - MINUTES Laszlo moved, second by Hastings, to approve the minutes of the February 25th, 1991 regular meeting. AYES: NOES: ABSTAIN: ABSENT: Hastings, Laszlo None Doane, Wilson Forsythe Motion carried ITEMS "G. I. J. K" - MINUTES Hastings moved, second by Laszlo, to approve the minutes of the February 25th regular adjourned meeting, the March 4th regular adjourned meeting, the March 11th regular adjourned meeting, and the March 11th regular meeting. AYES: NOES: ABSTAIN: ABSENT: Hastings, Laszlo, Wilson None Doane Forsythe Motion carried I ITEM "N" - PLANS and SPECIFICATIONS - SIDEWALK REPAIR/ TURNPOCKET CLOSURES - PROJECTS NUMBERED 625 and 628 Mayor Laszlo expressed concern regarding the proposed closure of the turnpockets on westminster Boulevard in front of the Post Office and on Seal Beach Boulevard in front of Baskin Robbins at the Rossmoor Shopping Center, which he said would eliminate the ability to make a left turn from the Post Office area onto Westminster Avenue, also that eliminating the left turn pocket on Seal Beach Boulevard would impact the main entrance to Rossmoor Center. Mayor Laszlo requested specifications and/or diagrams of the proposed closures, accident reports for each, and inquired as to who constitutes the Traffic Safety Committee and how they are appointed. Mayor Wilson noted complaints from Post Office employees and the Primrose Restaurant from which accidents have been observed. After brief discussion, Hastings moved, second by Doane, to approve the specifications for Project Number 625, sidewalk/curb/gutter reconstruction, and authorized the City Manager to advertise for bids, and held over Project Number 628, the turnpocket closures for further information. AYES: NOES: ABSENT: Doane, Hastings, Laszlo, Wilson None Forsythe Motion carried I Mayor Laszlo announced that presentation of the Eagle Scout Resolutions would be on August 26th, as would the presentation of Resolution Number 4078 commending the Swim Club and Rough Water Swim. He also made reference to Items "M" and "0" with regard to developments in the City of Huntington Beach, and suggested that the Council be provided 8-12-91 with traffic data for developments outside this community rather than placing those items on the agenda. I PUBLIC HEARING - COMPREHENSIVE FEE RESOLUTION At the request of the city Manager, this item was tabled by order of the Chair and consent of the Council. The Assistant City Attorney advised that the public hearing would be scheduled and noticed for a later date. PUBLIC HEARING - WATER RATE ADJUSTMENTS It was the order of the Chair, with consent of the Council, to continue this hearing until the next meeting, as requested by staff. I PUBLIC HEARING - NATIONAL ELECTRICAL CODE Mayor Laszlo declared the public hearing open to consider adoption of the 1990 National Electrical Code by reference. 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 Assistant City Attorney explained the procedure in the case of adopting certain Building Codes, the Ordinance receives first reading, the public hearing is scheduled and held, and subsequently the Ordinance is considered for second reading and adoption. There being no public comments, Mayor Laszlo declared the public hearing closed. ORDINANCE NUMBER lia~ - ADOPTING THE 1990 NATIONAL ELECTRICAL CODE BY REFERENCE Ordinance Number ~41 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1990 EDITION, ADOPTING AMENDMENTS TO SAID CODE, DELETING AND READOPTING PORTIONS OF CHAPTER 5 OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1141 was waived. Hastings moved, second by Doane, to adopt Ordinance Number 1141 as presented. AYES: , NOES: ABSENT: Doane, Hastings, Laszlo, Wilson None Forsythe Motion carried I HEARING - APPEAL - PLANNING COMMISSION DETERMINATION - ON-STREET PARKING RESTRICTIONS - VICINITY OF McGAUGH SCHOOL Mr. Galen Ambrose, the appellant, requested that this item be held over until Councilmember Forsythe and the Director. of Development Services are present, also that this matter be noticed as a public hearing to consider the use of the School for church purposes. Councilmember Hastings concurred, suggesting that there be discussions with the Los Alamitos School District as well to seek an amenable resolution. Staff indicated that a minimum of two weeks would be necessary to notice the hearing, and a longer time may be necessary to allow staff to further research on the issue as it relates to the church use. The appellant indicated his agreement with postponing this matter for a month to six weeks. CO'l ORDINANCE NUMBER 1~43 - EMERGENCY RESPONSE COST RECOVERY PROGRAM Ordinance Number 1143 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 7A OF THE SEAL BEACH MUNICIPAL CODE RELATING TO EMERGENCY RESPONSE COST RECOVERY PROGRAM." By unanimous consent, full reading of Ordinance Number 1143 was waived. At the request of Council, the city Manager explained the Ordinance basically provides the 8-12-91 authority for the city to recover its costs, within certain limits, when responding to emergency situations that are due to alcohol or drug related use or abuse, or is determined to have caused such incident. Wilson moved, second by Doane, to adopt Ordinance Number 1143 as presented. AYES: Doane, Hastings, Laszlo, Wilson NOES: None ABSENT: Forsythe Motion carried ORDINANCE NUMBER 1'41- DEVELOPMENT AGREEMENT / RESOLUTION NUMBER 4063 - GENERAL PLAN AMENDMENT 1A-91 - LAND USE / RESOLUTION NUMBER 4064 - GENERAL PLAN AMENDMENT 1B-91 - HOUSING ELEMENT / ORDINANCE NUMBER 1339 - ZONE CHANGE 1-91 / BAY CITY VILLAS PROJECT - 1600 PACIFIC COAST HIGHWAY and 336 - 17th STREET - WATSON The Assistant City Attorney advised that the public hearings on these items have been closed, and that the applicant, Mr. James Watson, has signed the Development Agreement. He noted that agreement has been reached that $10,000 park and recreation fees would be paid prior to the issuance of building permits for each of the nine residential properties, equalling the agreed upon $90,000 fee, and since changes have been made to the Agreement, recommended that .. Ordinance Number 1142 be considered for first reading rather than second reading. He noted that the letter of credit requirement will be looked at further and may be deleted since the Development Agreement has now been signed. Councilmember Hastings noted an inconsistency between Ordinance Number 1142 and the Development Agreement, and stated Section 4(a), requiring the additional $20,000 park and recreation facility impact fees, should be deleted, Section 4(b) to remain. Ordinance Number 1142 was considered for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND JAMES R. WATSON FOR THE BAY CITY VILLAS PROJECT." By unanimous consent, full reading of Ordinance Number 1142 was waived. Wilson moved, second by Hastings, to approve the introduction of Ordinance Number 1142 as amended, and that it be passed to second reading. I I AYES: NOES: ABSENT: Doane, Hastings, Laszlo, Wilson None Forsythe Motion carried By unanimous consent, full reading of Resolutions Numbered 4063 and 4064 and Ordinance Number 1339 was waived. Hastings moved, second by Wilson, to approve Resolution Number 4063 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 1A- 91, AMENDING THE SUMMARY TABLE OF EXISTING AND PROPOSED LAND USES IN ACRES OF THE LAND USE ELEMENT TO DEPICT THE INCREASE OF APPROXIMATELY ONE-HALF ACRE OF RESIDENTIAL MEDIUM DENSITY LAND AND A SIMILAR DECREASE IN GENERAL COMMERCIAL LAND I WITHIN THE CITY", approve Resolution Number 4064 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 1B-91, AMENDING TABLE 16 OF THE HOUSING ELEMENT TO REPRESENT THE INCREASE OF 0.5 ACRES OF RESIDENTIAL MEDIUM DENSITY LAND WITHIN THE CITY AND A DECREASE OF 0.5 ACRES OF GENERAL COMMERCIAL LAND", and adopt Ordinance Number 1339 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING ZONE CHANGE 1- 91, CHANGING THE ZONING OF NINE (9) LOTS FROM GENERAL COMMERCIAL (C-2) TO RESIDENTIAL MEDIUM DENSITY (RMD) AT 1600sPACIFIC COAST HIGHWAY and 336 - 17th STREET." 8-12-91 AYES: NOES: ABSENT: Doane, Hastings, Laszlo, Wilson None Forsythe Motion carried I It was the order of the Chair, with consent of the Council, to declare a recess at 8:58 p.m. The Council reconvened at 9:09 p.m. with Mayor Laszlo calling the meeting to order. REOUEST - SEAL BEACH VOLUNTEER FIREFIGHTER EVENT The staff report indicated a request received frolll the Volunteer Firefighters to hold their annual End of Summer Bash on September 7th, that barbecued hamburgers and hot dogs would be sold, and that the sale of alcoholic beverages was also requested. The city Manager said it was his understanding that this is an annual fund raising event, that he met with a representative of the Volunteers this date who agreed to locate the activities in the 10th Street beach parking lot rather than Eisenhower Park. Councilmember Hastings said she too had spoken with a representative of the group this date, that she could see no difference between this event and the similar activity held in conjunction with the 75th Anniversary celebration, that the area will be fenced, a security officer will be provided, and based upon the fact that the event is not a commercial venture, is not sponsored by or promotes a beer', would recommend approval. She noted that although there will be music throughout the day, the location below the bluff will tend to buffer the noise. Wilson moved, second by Doane, to approve the request from the Volunteer Firefighters subject to the event being held in the 10th Street lot, and that a delineated area be established for the service of alcohol, fenced and monitored by the applicant. '.1 AYES: NOES: ABSENT: Doane, Hastings, Laszlo, Wilson None Forsythe Motion carried ,I COUNCIL CONCERNS Councilman Doane expressed appreciation for having received the framed Certificate of Appointment as a member of the City Council from the City clerk. Councilmember Wilson reported on the newly formed Orange County Transportation Authority consisting of orange County elected officials, transportation persons, representatives from the Board of Supervisors and the Governor's office, the Authority a consolidation of six County transportation groups, providing a unified effort to deal with orange County transportation needs as they relate to the voter approved Measure "Mil. Councilmember Wilson reported at the Harbors, Beaches and Parks Commission June meeting she had requested Sunset Aquatic Park be placed on the agenda for discussion, yet it was removed since the Board of Supervisors are scheduled to discuss that matter at their August 13th meeting, however reported she had requested that the record reflect the council's continued support of the Plan liB" Park improvements. She reported receipt of a communication objecting t~ the payment for twice weekly trash pickups. The city Manager said he had just commenced an analysis of the twice per week costs, noted however that a reduction of the pickup schedule would have no affect on the gate fees. Councilmember Wilson mentioned a news article reporting a cost sharing agreement between the city of Newport and the county for sand replenishment, and suggested that the Corps of Engineers be requested to prepare a new study for sand replenishment in Seal Beach. The city Manager reported a related item is tentatively scheduled for the next meeting, 8-12-91 and noted that a new study is under way covering a period of five years in which the Corps is participating to the degree of seventy-five percent of the associated cost, that the staff recommendation will be to join in the second study, also that a preliminary indication from the Corps is that a thirty foot extension to the groin may be something they would given consideration. He mentioned that Seal Beach had I' . been included as a maintenance beach in the prior study therefore the Corps does not feel any obligation to participate in replenishment. Councilmember Hastings mentioned the local Save Our Beach Committee and the discussion with Supervisor Wieder of the erosion issue on her visit to the City, that the Committee will be meeting with an aide to the Supervisor, and noted that a Seal Way resident has been collecting data relating to the erosion problem for a number of years as background documentation. Councilmember Hastings inquired as to why appointments to the Hellman Specific Plan Committee have not moved forward. The City Manager acknowledged the interest of the Council in reestablishing the Specific Plan Committee, noted that staff was to develop a scope of work and parameters of the committee, that a draft of such has been prepared and is being discussed with the city Attorney. Councilmember Hastings said she did not feel the committee should have any constraints as to what is developed or is felt to be the appropriate land use. The Assistant City Attorney recalled that there had been a suggestion that the committee work with the EIR consultant, the coordination of which is yet to be determined, and advised that the Council would be provided an update of the Mola/Hellman matter in Closed Session: Mayor Laszlo mentioned that there are a number of I community groups and individuals that do a number of things to enhanced Seal Beach life, such as the Rough Water Swim, the Animal Care center, and Historical Society, and stated his intent to recognize their efforts. He offered that once a week trash pickup creates many barrels on the streets and in the alleys, and that he believed twice per week is preferable for College Park East, also suggested that thought be given to developing an ethics code for the Council, boards and commissions, and city employees. He reported some hazardous materials remain on the Arco site at Lampson/Seal Beach Boulevard, that the area is fenced and screened however poses some difficulty for pedestrians to observe vehicular traffic, also that there are branches and growth from adjacent yards overhanging the wall onto the Lampson Avenue sidewalk that needs to be cleared. WASTE MANAGEMENT Ms. Beverly Casares, Seal Beach, referred to the past pier restaurant agreement where upon rebuilding of the pier and restaurant the prior lessee was informed that a new agreement was necessary as circumstances had changed, and compared that to the refuse contract which she claimed the circumstances have likewise changed with the AB939 requirements for recycling. Ms. Casares charged that the current refuse contract was let as a result of a political I contribution, without soliciting bids. She suggested that ' the city contract directly with a material recovery facility, specifically CR&R, who is located within a distance that will serve tQ reduce hauling costs, and will provide a reasonable return to the city for recycled materials. She stated the present refuse contractor is a hauler and does not take all of the refuse to a recovery facility. Ms. Casares also said the City should not hold auctions of property where only the employees have the opportunity to purchase the items, and claimed that persons who have worked for the city for an extended period are I 8-12-91 I aware of graft, corruption, fraud, misappropriation of funds, and that the City needs to do what is right. Ms. Sue Corbin, Seal Beach, said that the refuse contractor, Mr. Briggeman, would not be speaking with the members of the Council except for their position, and that the refuse contact should go to bid because of recycling. Ms. Francis Johnson, Coastline Drive, suggested that there be no requirement that recyclables such as glass, cans and bottles remain with the regular refuse, noted that there are organizations that recycle those items for funds, and specifically requested that aluminum cans be taken to the Animal Care Center for their recycling program. Mr. Bruce Stark, Seal Beach, noted his comments in the past with regard to Seal Beach having the highest trash rates in the County, yet the city entered into a long term contract with the present refuse contractor with agreement to a fee without an escalation clause, yet it was later found that the contract contained a cost of living clause. Mr. Stark , suggested also that the Zoeter SChool contract be looked at. Mr. Stark spoke in favor of a code of ethics with an enforcement procedure, which ties into having a labor relations policy, and possibly reward those who come forward with information relating to waste, fraud, and abuse under a whistle blower ordinance. Ms. Johnson again addressed the Council, made reference to large trash containers, as used in Garden Grove, where persons have been injured as a resuit of the heavy lids. CITY ATTORNEY EXPENDITURES Ms. Beverly Casares, Seal Beach, objected to the expenditures by the city for legal services with various attorneys, and claimed that for $200,000 per year the city could have an attorney, assistant, law library, and secretary to which she stated there are a number of professional attorneys that reside in the community. She questioned the quality of legal advice from all sources, inquired why the Hellman property has not been rezoned to reflect the action of the Council in denying the development approvals, why personal immunity has not been obtained for the named members of the Council in the Mola lawsuit, and why there was more than one attorney present at the Appellate Court hearing in June. Ms. Casares said she has compiled twenty-nine charges relating to ethics of the city Attorney firm which will be presented to the city for action. She claimed that actions are taken on claims without them being read. Ms. Casares said the people who got out the vote in the recent election are still organized. Ms. Sue Corbin, Seal Beach, spoke regarding a restaurant contract in the city of Oceanside, that restaurateur the same that previously bid on the Seal Beach pier restaurant, and whose payments are now in arrears in Oceanside. She reported asking the Assistant City Manager to review the billings for legal services, said there is no incentive to settle claims and asked if the attorneys are serving the city or the developer. Ms. Reva Olson, Seal Beach, inquired about the immunity of the Councilmembers in the Mola suit. The Assistant city Attorney explained that if authorized by the Council to move forward to remove the individual members from the legal action at this time, they would do so, however that has not been authorized and it may not be necessary depending upon the ruling of the judge upon hearing the Writ on December 2nd. Mr. Charles Antos, 328 - 17th Street, made reference to an east coast case where a judge through out slap suits stating developers can not file such suits merely because they do not obtain everything they want. Mr. Antos objected to the amount being spent for legal services, making specific reference to the attorney I I 8-12-91 for the Police Department, and even though sworn personnel are entitled to representation through the Police Officers Association, questioned the advice of this attorney who was on retention when the Grand Jury heard and rendered an opinion on police complaints. He questioned the control of expenses relating to liability claims, also the need to retain special attorneys since the City Attorney firm is I thought to be specialized attorneys in various aspects of law. Mr. Antos suggested that legal costs be reviewed and compared to the cost of an in-house attorney with a staff. Ms. Corbin charged that the representation of the City by the City Attorney firm in the Mola case could be considered malpractice and conflict of interest since they provided advice to the City Council and were likely involved in prior negotiations for the City with the developer. Mr. Bruce Stark, Seal Beach, responded that the city Attorney, Mr. Stepanicich, and the former City Manager, Mr. Nelson, are on record as having advised the Council that there was not a valid Housing Element and that caution should be used in approving the Mola development project, yet the Council proceeded with approvals. Mr. Stark suggested however that there be an elected city Attorney who will be responsible to the people and reduce legal costs. Ms. Norma strohmeier, Seal Beach, inquired as to who pays the cost of the Police Officers Association attorney. It was the order of the Chair, with consent of the Council, to declare a recess at 10:17 p.m. The Council reconvened at 10:35 p.m. with Mayor Laszlo calling the meeting to order. ORAL COMMUNICATIONS Mayor Laszlo declared' Oral Communications open. Ms. Norma StrOhmeier, Seal Beach, referred to Mr. May and the continuing tee shirt issue, and stated although a City ordinance does not allow nude figures on magazines, the producer of the tee shirt appears to be intent on displaying and selling his product on Main Street, to which she objected. Ms. strohmeier took exception to recent remarks by members of the Planning Commission as to the status of renters versus property owners and the value of their opinions, and suggested an apology should be forthcoming. She spoke favorably of a citizens Complaint Committee, and cited her personal complaints of the Police Department with regard to towing of her automobile, building construction on a holiday, and a Municipal Code violation, also with the restricted distribution of a report she had prepared relating to the Grand Jury investigation. Ms. Barbara Antoci, Seal Beach, reported it had been determined that the name of their committee would be Citizens Complaint Advisory Panel, that it will be organized with or without the support of the City to allow the opportunity for persons to voice their concerns, and that reports will be provided to the Council. There being no further comments, Mayor Laszlo declared Oral Communications closed. CLOSED SESSION The Assistant City Attorney announced that the Council would meet in Closed Session pursuant to Government Code Section 54956.9 to discuss pending litigation in the case of Mola Development Corporation versus city of Seal Beach. It was the consensus of the Council to adjourn to Closed Session at 10:52 p.m. The Council reconvened at 11:14 p.m. with Mayor Laszlo calling the meeting to order. The Assistant city Attorney reported the Council had discussed the matter previously announced and that no action had been taken. I I 1..1': 8-12-91/8-26-91 ADJOURNMENT Laszlo moved, second by Doane, to adjourn until August 26th at 6:00 p.m. to meet in Closed Session. I AYES: NOES: ABSENT: Doane, Hastings, Laszlo, Wilson None Forsythe Motion carried It was the order of the Chair, with consent of the Council, to adjourn the meeting at 11:16 p.m. Approved: lerk and ex-of ci of Seal Beach ~~~..~ -~pL Mayor ?>>7 of the - Attest: I Seal Beach, California August 26, 1991 The City Council of the city of Seal Beach met in regular adjourned session at 6:02 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 Absent: None 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 Council would meet in Closed Session pursuant to Government Code Section 54956.9(a) to discuss pending litigation in the case of Mola Development Corporation versus City of Seal Beach, and Franchesi versus Seal Beach. With regard to Closed Sessions Councilmember Wilson said if she were to not attend she would feel as if she were abrogating her duties, again confirmed that she has never disclosed information from those sessions, and expressed her preference that a misdemeanor provision be adopted for disclosure of information from Closed Sessions. The City Manager recalled that the procedural resolution of the Council provides that matters discussed in Closed Session are confidential however does not provide penalties for disclosure. Councilmember Hastings said her preference