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HomeMy WebLinkAboutCC Min 1991-08-26 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 8-26-91 would be that councilmember Wilson not be present when the Mola litigation involving the three members of the Council is being discussed. Councilmember Wilson responded that she had supported the development concept of Mola long before , the lawsuit was initiated. The Assistant city Attorney explained that Councilmember Wilson has the right to attend I' Closed Sessions where the lawsuit against the City is a topic of discussion, that she has no interest in the Mola development financially or otherwise, and offered to provide separate reports regarding the strategy of the litigation to the three named Council members if desired. It was the consensus of the Council to adjourn to Closed Session at 6:07 p.m. The Council reconvened at 6:50 p.m. with Mayor Laszlo calling the meeting to order. Councilmember Forsythe was not in attendance at that time. The Assistant City Attorney reported the Council had discussed the matters previously announced, in addition a pending litigation item regarding Fife versus City of Seal Beach, and that no action was taken. ADJOURNMENT Laszlo moved, second by Hastings, to adjourn the meeting at 6:52 p.m. AYES: NOES: ABSENT: Doane, Hastings, Laszlo, Wilson None Forsythe Motion carried 'L Clerk and ex- of Seal Beach of the I Approved: .J: A..L o7f J~ Mayor Attest: Seal Beach, California August 26, 1991 The City Council of the city of Seal Beach met in regular session at 7:09 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 I' Absent: None Also present: Mr. Bankston, city Manager Mr. Barrow, Assistant City Attorney Mrs. Yeo, City Clerk 8-26-91 I 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. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried I ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Mr. Don May introduced his attorney, Mr. Jim Lia, also read a communication from Dr. Thomas Spoerner of Ball State University which in effect spoke positively of Mr. May's recent tee shirt design and that it did not warrant undue criticism. Mr. May presented a tee shirt depicting a characteur of himself to Councilmember Forsythe. He invited persons in the audience that had directed derogatory statements to him at the last meeting to reiterate their comments, also noted his frequent visits to Seal Beach since 1937. Mr. Jim Lia, attorney, said he believed that Mr. May had resolved the initial concern of having used the 75th Anniversary logo, that it was removed from the tee shirt even though permission was initially received from the artist to use the logo, also noted the logo has been found to not be registered to the city. Mr. Lia made comments regarding fees for legal services, said there are a number of attorneys that would be willing to review the bills and the hourly rates, and he himself had done such review while working for a bank. Dr. George Telford, Leisure World, spoke favorably of the past operation and record of the Police Department, yet said he was disturbed by the Grand Jury criticism, that he was not certain what the criticism was or the disposition, and cited the importance that the public be aware of the policies of that Department. with regard to the proposed Citizen Complaint Committee, he said he believed it wise to allow complaints to be aired without intimidation. Mr. Galen Ambrose, Seal Beach, Wetlands Restoration Society, said after the election they felt that the city would move forward with restoration of the wetlands on the Hellman property, that the voters indicated they wanted nothing on the property, yet the developer has submitted another application. The Mayor said he believed action would be forthcoming to establish a new Hellman Specific Plan Committee and make appointments thereto, that any recommendation for rezoning or whatever will come from the committee, and that further information with regard to, the Mola lawsuits is expected by the end of the year. Mr. Ambrose said if it is the intent of the city to put wetlands on the Hellman property he would ask that the Wetlands Society be treated the same as a developer, that.the Hellman land be rezoned so that funding can be obtained, and concluded that no one is going to build anything on the property. Councilmember Forsythe offered that it is the intent of the Council majority to do everything possible to preclude placing housing on the low lying lands of the Hellman property, yet as a result of the litigation caution must be exercised as to what steps are taken. Ms. Sue Corbin, Seal Beach, said it was her understanding that the lawsuit does not ask for specific performances, just for damages. Mr. Bruce Stark, Seal Beach, noted no listing for payment of legal services on this agenda, and spoke favorably of Mr. Colantuono of the City Attorney firm after having watched his land use presentation to the Planning Commission. He asked for an explanation of a news article I 8-26-91 reporting the City is taking legal action against an arms manufacturer as a result of a pOlice activity in another city that included a Seal Beach officer. Mr. Chi Kredell, 1633 Seal Way, requested Item "R" relating to the pier groin and sand replenishment be moved forward prior to Item "P". ' There being no further comments, Mayor Laszlo declared Oral Communications closed. RESOLUTION NUMBER 4078 - RECOGNIZING SEAL BEACH ROUGH WATER SWIM / SEAL BEACH SWIM CLUB Resolution Number 4078 was presented to Council and read in full by Mayor Laszlo 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." Hastings moved, second by Doane, to adopt Resolution Number 4078 as presented. I AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried The Resolution was presented to Mr. Scott Weir, coach of the Seal Beach Swim Club, and Mr. Rich Kempster, Rough Water Swim Meet Director. Mr. Kempster expressed appreciation for the recognition, stated the Rough Water Swim is a recognized event, a community effort with volunteers taking part year after year, an event the community can take pride in. Mr. Weir expressed appreciation for the Resolution, also to the past meet directors, board members, and the nearly three hundred volunteers that are necessary to conduct the Meet. PROCLAMATION Mayor Laszlo proclaimed September 21st through October 14th, I 1991 as "Coastweeks" and September 21, 1991 as "Adopt-A- Beach Coastal Cleanup Day." COUNCIL ITEMS APPOINTMENTS - BOARDS and COMMISSIONS Parks and Recreation Commission Councilmember Forsythe reappointed Mr. Gale Thomas, Crestview Avenue, as the District Three representative to the Parks and Recreation Commission for the full three year term ending July, 1994. Councilmember Hastings seconded the motion. . AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried pro,ect Area Committee Councilmember Forsythe requested that the District Three resident appointment to the Project Area Committee be held over. Ad Hoc Solid Waste Committee Councilmember Wilson requested that the District Two appointment to fill the vacancy on the Solid Waste Advisory Committee be held over. I Seal Beach Administration Buildina Authoritv Councilman Doane moved to appoint Mr. Robert Jaeschke, Del Monte Drive, as the District Five representative to the Seal Beach Administration Building Authority for the unexpired term ending July, 1992. Councilmember Wilson seconded the motion. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried 8-26-91 I AB 939 UPDATE Councilmember Forsythe reported the Solid Waste Committee is continuing to look at material recovery facilities (MRF), that system allowing refuse to be collected from one container and sorted at the MRF. That the Committee has been discussing public education, reduction of what is going into the waste stream, the type of products being purchased, as an example larger packaged items are preferable over several small packages, and that disposable products that will be targeted such as diapers, paper and plastic plates, utensils, disposable lighters, cameras, etc. She noted that California is the leader in waste generation, producing over thirty eight million tons of trash in 1988, equivalent to two thousand five hundred pounds per person, and suggested that consumers must let the manufacturers know their feelings about packaging, toxic materials, etc. Councilmember Hastings added that if a MRF program is initiated it will not interfere with the private collection of recyclable materials as is presently being done. Councilmember Forsythe acknowledged that was a consideration of the MRF program, also that the MRF program will tend to have the least impact on the community yet insure one hundred percent participation by the residents. LEAGUE OF CITIES CONFERENCE - VOTING DELEGATES Doane moved, second by Hastings, to designate Mayor Laszlo as the voting delegate to the League of California Cities Conference in October, and that Councilmember Wilson be designated as the alternate voting delegate. I AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried Councilmember Wilson reported receipt of a letter from the Senior Care Action Network requesting nominations for the Senior of the Year Award, the nominations due by September 30th. She noted that the recipient of the Award last year was a lady from Seal Beach Leisure World, commended for her volunteer work. CONSENT CALENDAR - ITEMS "F" thru "L" Councilman Doane requested that Items "I, J, and K" be removed from the Consent Calendar, Councilmember Hastings requested that Items "F" and "H" be removed, and Councilman Laszlo requested Items "G" and "L" removed. All items on the Consent Calendar were removed for separate action. I ITEM "F" - DEMANDS To questions of Councilmember Hastings staff explained that the check to the Employment Development Department is a standard SUI payment in connection with payroll, the Sea World and Wild Rivers checks are reimbursable from Recreation programs, Jones, Hall, Hill & White was for services as bond counsel in connection with the TRAN, that Carl Warren and Company is the City's claims adjuster and administrator, the James Johnson check is reimbursable from POST, and offered to review checks payable to Golden West College Telemedia and Ole Olsson. Hastings moved, second by Forsythe, to approve regular demands numbered 85001 through 85168 in the amount of $483,491.61 and payroll demands numbered 46677 through 46892 in the amount of $232,958.72 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. AYES: NOES: Doane, Forsythe, Hastings, LaSZlo, Wilson None Motion carried 8-26-19 ITEM "G" - AIR CONDITIONING / ROOFING - CITY HALL - PROJECT NUMBER 614 Bids were received until 11:00 a.m., July 29, 1991, for Project Number 614, replacement of the air conditioning and roofing at city Hall, at which time they were publicly opened by the City Clerk as follows: Apollo Air Sanders Engineering Air-Ex Air Conditioning Diamond Air Saunders Construction $100,643.00 110,700.00 116,953.00 150,858.00 155,900.00 I Mayor Laszlo said he had contacted the Edison Company and was informed that they offer energy saving rebates in certain instances. The city Manager reported the Edison Company had performed an audit of city Hall two years ago which was submitted to the Seal Beach Administration Building Authority, that the air conditioning specifications are consistent with the Edison program, that a $500 Edison rebate could be applied for now, that rebate expected to increase in January to somewhere between $1,000 to $2,000, yet the manufacturer of the air conditioning equipment is prepared to provide a $6,000 rebate upon award of the bid, and that rebate offer will not extend to January. He advised that there is a five year equipment guarantee through the manufacturer and a one year guarantee on installation. Wilson moved, second by Hastings, to award the bid for Project Number 614 to Apollo Air in the amount of $100,643.00, authorize the staff to execute a change order deducting $14,893.00 from that amount, appropriate $5,750 from General Fund Reserves, and authorize the City Manager to execute the contract on behalf of the City. I AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried ITEM "H" - MERCHANT PARKING PERMIT PROGRAM AGREEMENT Councilmember Hastings noted that the subject parking spaces are rented for $40 per year, $3.33 per month, and without placing an undue burden on the merchants or their employees, asked if a cost of living increase could be computed for the years that the spaces have been $40 to bring the annual rental up-tO-date. Councilmember Forsythe asked how long the spaces have been let for $40 per year. It was the consensus of the Council to hold this item over until the next meeting for additional information. ITEMS "I. J. K" - CITY COUNCIL MINUTES It was noted that Councilman Doane would abstain from voting on Items "I, J, and K" as he was not as yet a member of the Council. Hastings moved, second by Forsythe, to approve the minutes of the regular adjourned meeting of March 25th, the regular meeting of March 25th, and the regular adjourned meeting of April 1, 1991. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried I ITEM "L" - RESOLUTION NUMBER 4079 - ACCEPTING 75th ANNIVERSARY LOGO Resolution Number 4079 was presented to Council entitled "A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, ACCEPTING A LOGO WHICH WAS DESIGNED EXCLUSIVELY FOR THE CITY'S 75th ANNIVERSARY AND IS HEREBY GENEROUSLY DONATED TO THE CITY BY ERVIN ADVERTISING AND DESIGN." By unanimous consent, full reading of Resolution Number 4079 was waived. Mayor Laszlo 8-26-91 I inquired about using the logo without the 75th Anniversary lettering or just the seal with only the red background. The city Manager explained that the artist has offered to provide the design plate with the 75th wording deleted for use by the City in the future, also that upon discussion with the Office of the Secretary of state it appears the logo could be used without any violation of federal trademark regulations. He suggested that the Resolution could be amended to provide flexibility to use the seal with the red background only, as well as with the 75th wording, or annualized for use upon the City's authorization. Wilson moved, second by Forsythe, to adopt Resolution Number 4079, as amended to reflect the use of the logo in the form of the variations mentioned. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried I ORDINANCE NUMBER 1142 - DEVELOPMENT AGREEMENT - BAY CITY VILLAS PROJECT - 1aQ0 PACIFIC COAST HIGHWAY - WATSON Ordinance Number 1142 was presented to Council for second 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. Staff reported the only change to the Agreement was the deletion of the letter of credit requirement, and confirmed that the final Ordinance would reflect the amendment by the Council at the previous meeting to delete Section 4(a) requiring the additional $20,000 park and recreation facility impact fees. Wilson moved, second by Doane, to adopt Ordinance Number 1f42 as amended. AYES: NOES: Doane, Forsythe, Hastings, LaSZlo, Wilson None Motion carried REDISTRICTING COMMITTEE / APPOINTMENTS The City Manager offered that a minute action of the Council would be sufficient to authorize each member to make appointments to a Redistricting Committee, that it was within the discretion of the Council to determine the number of members from each District and to establish a deadline for the Committee's report. In response to the Council, staff advised that the Committee would be provided with guidelines, including provisions of the City Charter, and upon receipt of the Committee recommendations public hearings could be held, and the district boundaries would be enacted by Ordinance. Councilmember Forsythe suggested the Committee consist of one member from each Councilmanic District and an alternate in the event the member is unable to be present. The last meeting of October was suggested as a Committee report deadline, also that the Committee may wish to submit two or three alternatives for Council consideration. I Councilmember Doane appointed Ms. Betty Cheevers, Alderwood Lane as the District Five representative to the Redistricting Committee, the alternate position held over until the next meeting. Councilmember Wilson appointed Mr. George Brown, Tam O'Shanter Road, as the District Two representative, and Mr. Michael GOldenberg, Montecito Road, as the alternate representative. Councilmember Forsythe appointed Mr. Gordon Shanks, Surf Place, as the District Three representative, the alternate position held over until the next meeting. 8-26-91 Councilmember Hastings appointed Mr. Mark Soukup, 16th Street, as the District One representative, and Mr. Charles Antos, 17th street, as the alternate representative. Mayor Laszlo appointed Ms. Dorothy Whyte, Candleberry Avenue, as the District Four representative, and Mr. Tom Ross, Candleberry Avenue, as the alternate representative. I wilson moved, second by Hastings, to approve the formation of the Redistricting Committee and the respective appointments thereto. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried No objection was expressed to a suggested deadline of October 22nd for the Committee report, to then be placed on the agenda for the following City council~meeting. REOUEST - SEAL BEACH BUSINESS ASSOCIATION The City Manager presented a request from'the Seal Beach Business Association to use a portion of the grass area west of Eisenhower Park and west of the 8th Street parking lot ramp for an arrangement of food booths, tables and chairs for a fund-raising event in conjunction with the 1991 United Way Sandcastle Contest, the request including the sale of beer in a fenced area as well, the recommendation of staff being to allow this activity since there have been similar approvals in the past, and the Business Association has requested the activity this year in lieu of the Lions Club. The city Manager clarified that in speaking with the applicant it was indicated that one hundred percent of the proceeds would go towards a fund raising effort for lighting and benches on Main Street. I Councilmember wilson moved to approve the request of the Business Association. Councilmember Hastings indicated she was not eager to approve this request since beer was not allowed to be served at the Volleyball Tournament, to which the Police Department had responded that the lack of beer had made a difference. She noted that such activities in the past have been conducted by the Volunteer Firefighters and Lions Club as fund raisers for small, local events, yet this request is from the businessmen to serve food and beer in conjunction with an event that will bring in a large number of people over the two day period. She stated her opposition to this request, citing also that this activity will take business away from local establishments that serve food and alcoholic beverages. Councilmember Forsythe offered that one difference is that the Volleyball Tournament is a major commercial venture. Councilmember Hastings suggested that this matter be tabled, that it be determined whether the Lions Club has consistently had a beer garden in conjunction with the Sand Castle contest, which is not a local event, that she felt the use of the bluff area is inappropriate and could pose liability exposure. The City Manager noted his contact with a perso~ involved with the Sand Castle Contest for the past two 'years who indicated that food booths and the sale of beer had been a part of the event for at least that length of time and that there had been no adverse impact to their knowledge. Councilmember Wilson recalled the sale of beer in past years, and spoke favorably of the proceeds being spent for improvements to Main Street. Councilmember Forsythe suggested the use of a stamp or tokens as a means to monitor and ensure the service of a limited amount of beer per individual. Mr. Jeff Williamson, President of the Business Association, confirmed that one hundred percent of the I 8-26-91 I proceeds are for Main street improvements, seventy-five percent designated towards lighting, this event anticipated to enhance the $2000 realized from the first fund-raiser, and pointed out that the construction costs alone for permanent lighting will be very significant. Mr. Williamson mentioned that it is believed there is a temporary means to have lighting in place for the holidays that is understood to be safe according to Southern California Edison. He noted that twenty-five percent of the proceeds are designated for benches which the Association would like to see placed on the entire three blocks of Main street. Mr. Williamson recalled that the non-profit organizations have been allowed to sell beer in the past, stated the Association is not a commercial operation as is Miller Beer, and in recognizing the concerns of the Council all precautions will be taken, that the intent is to generate income in order to better the business life in the community from a marketing standpoint, and it is believed the lighting and benches will be such an enhancement. He pointed out that the fund raising activities will be a considerable distance from the Sand Castle event, that the area will be fenced and two security guards will be provided, that their intent is to make this a successful event, if it is not the cause will be lost, and confirmed that the event has not as yet been reviewed by the Police Department. Councilmember Hastings again said she did not believe similar fund raising activities have been held in conjunction with large events, and asked to be provided with verification that alcoholic beverages have previously been served during the Sandcastle activity. Four persons from the audience expressed their views that beer should not be allowed, that fund raising should be through another means, that there is a potential liability for the City, and that the effect of beer consumption impacts the quality of life in Seal Beach, specifically Old Town. Mr. Williamson stated the issue is not whether or not beer is allowed to be sold, that drunkenness could occur in the community regardless, yet it will make a difference to the fund raising effort and the benefits that come back to the community, and requested the opportunity for the Association to prove that beer can be sold and controlled at their event. A member of the Council asked if something other than beer would be acceptable to be sold with the food, another suggested various kinds on non- alcoholic beers. Mayor Laszlo noted that the sale of alcoholic beverages at various events becomes a point of discussion every few months and suggested that if this request is not approved there should be a public policy where there would be no further sale of beer. Councilmember Forsythe indicated concern with the impact on a specific area of the community as a result of alcohol sales and consumption, noting the comments claiming that there continued to be problems after the volleyball tournament, although to a lesser degree than in the past, even though beer was not allowed at the site of that event. Hastings moved, second by Forsythe, to approve the request of the Seal Beach Business Association excluding the sale of alcohol. I ,I AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:50 p.m. The Council reconvened at 9:03 p.m. with Mayor Laszlo calling the meeting to order. t AGENDA AMENDED Forsythe moved, second by Hastings, to consider Items "R-1 and R-2", citizen requests, prior to Item "P". 8-26-91 AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried Mr. Ronald Kredell, Seal Way, posed questions as to what the City is doing for repair and extension of the groin and sand replenishment and what emergency procedures will be implemented in the event of a severe storm during the upcoming winter months. He said he thought the intent of a Beach Commission was to address these concerns, yet it is said they have referred the issue to the Corps of Engineers, and instead of having the Commission suggested the previous report and recommendations of Moffatt & Nichol be pursued. Councilmember Forsythe explained that the Commission is conducting further research, that the Commission has met with persons from Scripps to discuss the effects of an artificial reef, have also discussed with representatives of the Corps funding or grants based upon monetary expenditures due to disasters. Mr. Kredell predicted that the beach is going to be lost, said the residents are seeking protection, that the City should have initiated preventative maintenance, and emphasized the need for repair of the groin, which he said should be a priority. It was mentioned that the Moffatt & Nichol estimate to extend the groin was $600,000, and there is presently slightly more than $100,000 in the groin repair fund. It was also explained that in the event of an emergency the City Manager is the Emergency Services Director the Emergency Operations Center is the Police Department, and that an inventory of sand bags in- hand has begun as well as an estimate of the optimum number based upon the 1982 storm, that rental of equipment and supplies is being researched, as is the establishment of pre-emergency rental rates, availability of equipment and contacts on a twenty-four hour basis. Mr. Kredell spoke of the eleven foot berm that is constructed each year, which he said could be washed away within two hours in a storm, cited the need for a beach emergency plan, suggested the Moffatt, & Nichol recommendations be followed, and said if the Storm and Tidal Wave Study is approved and the Corps of Engineers were to find the beach erosion problems are the result of their previous work, it would be five years at best before any monies are realized, the cost of the Study also taking money away from the groin repair fund. I I CALIFORNIA STORM and TIDAL WAVE STUDY AGREEMENT With regard to the Moffatt & Nichol Report, the city Manager said based on his information the recommendation was to extend the groin by three hundred feet at a cost of $600,000, build the berm on an every other year basis through the movement of sand from the west to the east beach, and to replenish the sand at an estimated cost of $2 million, for a total of approximately $3 million in 1984 dollars, and noted the last aggressive sand replenishment occurred in 1980, and was sand movement rather than placement of new sand. The City Manager explained that the five year Study under consideration is a joint effort between the Corps of Engineers, Los Angeles and Orange Counties, the Corps and the Counties incurring seventy-five percent of the expense, the cities to like-share twenty-five percent, the initial year being a maximum of $25,000, also that an in-kind match of up to fifty percent of the cost is allowed and could be accomplished through the Lifeguard Department performing certain functions of the Study, taking temperature readings as an example. He noted that the Study will go forward whether or not Seal Beach participates, an advantage of the Study is that it takes a regional approach, specifically regional impacts, and if the City does not participate Seal Beach would not be allowed a seat on the Technical Committee nor would a Seal Beach component be I 8-26-91 I developed. He explained that the scope of the five year study will take into consideration current tide transport issues, wind factors, sand migration, wave attack, etc. pertaining to the entire coast, that the maximum cost over the study period would be $140,625, which could be reduced to an approximate $70,000 through in-kind services. He made a point that if the city moves forward with this study there is no inference to shelve the Moffatt , Nichol Report which provides elements that warrant further consideration, such as the groin extension. He advised there is presently $107,000 in the groin repair fund, that application is presently being made to the Corps of Engineers and the County Harbors, Beaches and Parks Commission to change the designation of Seal 'Beach which is presently not considered a feeder beach, that issue also raised with the County Supervisor. The city Manager stated the recommendation of staff is to participate in the study, that if funding of same from the groin repair fund is not desired, staff would request that action be deferred to the next meeting to allow an opportunity to identify another source of funding. He added that it is hoped the Study will assist in having the designation changed to a feeder beach, also aid the application process for funds to move forward with the groin and sand projects, possible identification of sand sources through dredging, and pointed out that sand replenishment is felt to only be a short term solution if done prior to extension of the groin, especially given the estimated cost of $2 million. He offered that the study may only confirm the recommendations of the Moffatt , Nichol Report, however it is speculated that with the participation of the Corps of Engineers it may be easier to obtain outside funding. Councilmember Hastings read excerpts from the Consolidated Plan of Study, Executive Summary, Optimal and Minimum Levels of Study, to which she questioned incurring an indebtedness of more than $140,000 to gather information that is already known and provide it to those conducting the Study when it is known that the pier groin is in great need of repair. Mr. Dave Potter, 1007 Seal Way, suggested that before entering into the agreement that questions be posed to the Corps with regard to what will be realized from the Study as it relates to the cost. He reported there is one hundred twenty-five miles of shoreline in Los Angeles and Orange Counties, Seal Beach being approximately two miles which would calculate to one-sixtieth of the non-federal share or $38,000 for the per foot coastline share over the five year period. He noted the Corps previously stated that the area of Seal Beach has been taken care of and is no longer their responsibility, this Study to look at beach erosion and stabilization, data collection and analysis, yet there is no guarantee of project funding. Mr. Potter questioned what this City will receive for the $140,000 and spoke for discussion and negotiation of that cost as it relates to value and equity. In response to Council, Mr. Potter offered that the Study will basically look at the sand supply to a particular beach, wave direction, rivers, cliff erosion, etc., and in the case of Seal Beach there is a limited amount of sand from the San Gabriel River and the movement of that sand is restricted by the breakwater and jetties. Councilmember Hastings suggested that the Navy study being conducted in relation to the Weapons Station expansion be completed and provided to the Corps. Mayor Laszlo noted that the referenced study is being conducted by the Corps of Engineers, and even though the Naval Weapons Station project has presently been set aside, he believed that the study is moving forwarded towards completion. Mr. Kredell suggested there should be a liability insurance requirement for the oil boats that dock at the pier to cover I I 8-26-91 damages to the bumper pilings, also that funding for the groin repair/extension be placed on the ballot. with regard to the study under discussion, the City Manager reported the County has indicated a willingness to discuss this matter further, and/or discussion could be sought with the Corps if that were the desire of the Council. Mayor Laszlo suggested further negotiation as to the city's share of the cost, I Councilmember Hastings requested Mr. Potter review the study Plan Document and submit comments, and Councilmember Forsythe mentioned it would seem that the City should be pursuing this issue with the Federal agencies since they constructed the groin, not the City. It was the consensus of the Council to table the storm and Tidal Wave study Agreement pending additional information or negotiation of a lesser cost. RESOLUTION NUMBER 4080 - SALARY RATES/BENEFITS - ORANGE COUNTY EMPLOYEES' ASSOCIATION / SEAL BEACH POLICE OFFICERS' ASSOCIATION Resolution Number 4080 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING SALARY RATES, AUTHORIZING THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEFITS FOR THE ORANGE COUNTY EMPLOYEES' ASSOCIATION (APPENDIX A) AND THE SEAL BEACH POLICE OFFICERS' ASSOCIATION (APPENDIX B) AND REPEALING ON THE EFFECTIVE DATES SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 4080 was waived. The City Manager explained that the employees of the city, recognizing the current financial condition, have agreed to a six month extension of the previously approved agreements with the Employee Associations with no change. Wilson moved, second I by Forsythe, to adopt Resolution Number 4080 as presented. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried ITEM "R-3" - CITIZEN REOUEST Ms. Beverly Casares, Seal Beach, stated a request for a second written legal opinion with an evaluation and recommendation of the Mola lawsuit, that the funding of same was not on the agenda and should not be discussed. She commented that the City's law firm has concisely and precisely discussed the Mola case, that some attorney did not set forth the law to the first judge to show that denying Mola was not a taking, and if the Appellate Court did not listen, as has been said, that means the City lost, which means considerable money, and no basis to appeal to the Supreme Court. Ms. Casares offered that although she has not read every legal document nor attended every hearing or is in possession of all the facts, she claimed to have more knowledge than the legislative body. She added that the Council has not requested the law firm to provide written evaluation of their own work, and suggested that a second written legal opinion be sought to point out the errors that the law firm has made. Ms. Casares questioned I the expenditure of the legal budget even before the Mola suit was in progress, the change of City ordinances to fit the Mola plan, and claimed that the city's legal firm has been working for the benefit of the developer. Ms. Casares demanded there be discussion and a vote for a second legal opinion, and again stated the cost was not a subject of discussion. The City Manager offered that the fiscal impact of every decision before the Council is an issue, that the request for a second opinion was a policy decision of the -- Council, however stated upon his review of the documentation presented, specifically with regard to comments of the judge . - . 8-26-91 I relative to the city's positions on the two issues, he felt the comments had been exaggerated. Mayor Laszlo indicated his desire to discuss various aspects of the request with other attorneys prior to making a decision. Ms. Casares took exception to her request being agendized under city Manager Reports, to written communicates being received and filed, to speaking only under Oral communications, insisted on her right to place items on the agenda, and again called for a motion for a second written legal evaluation of the city Attorney's work. wilson moved, second by Doane, to receive and file the request. I Ms. Casares turned the discussion over to Mr. James Lia who introduced himself as a local practicing attorney at 610 Pacific Coast Highway. Mr. Lia offered his opinion that he could see nothing wrong with a client questioning a bill from their attorney, which he said is not a reflection of their work; He responded to Council that his fees range from $120 to $150 per hour depending upon the issue, and with regard to the request for a second opinion he said it__ sounded as if the case was extensive, requiring a number of hours for review, and suggested five hours as being adequate since he said it is easier to review the work of another rather than prepare the work initially. Mr. Lia commented it appears the referenced lawsuit is quite large, which indicates that the attorneys or the parties have made a mistake, that the only time a judge makes a decision against you is when there has been a wrong direction or decision. In response to Council he acknowledged that he was not aware if a decision had been made in this case, and suggested that the City Attorney be asked to review the various aspects of what has happened, why, and what direction should be taken. Ms. Reva Olson, Seal Beach, said the request for a second opinion is the result of the three Councilmembers named in the suit not having been removed from the action or afforded immunity, and that the recent meeting of the Citizens United group unanimously supported the second opinion. Mayor Laszlo said although naming the Councilmembers may seem to be unusual, while attending a recent League meeting he mentioned the Seal Beach $11 million suit to an elected official from another community who countered that he was being sued for $125 million. Ms. Olson again expressed desire that the members of the Council be removed from the lawsuit and questioned the availability of the court documents for review. Councilmember Hastings noted her request of the city Clerk to obtain a transcript of court proceedings prior to the election through Mr. Feeley, also that she had requested the Clerk to compile a notebook of all related documents and once completed she would make them available to any interested person. Ms. Sue Corbin, Seal Beach, questioned whether the City is being zealously defended by the city Attorney firm, alleged possible complicity between Mola Development and the legal firm, and spoke for another opinion of the work done by that firm. Ms. Corbin claimed the Council to be foolish because they have not made the effort to find out if the City is being zealously defended or if there is complicity, yet the Council has the duty to know, otherwise there is negligence, and the Council is liable if negligence is ignored. Ms. Corbin also claimed there would be just cause for a legal action against the Council in this case where there has been no good faith action to follow through with the request presented. Councilman Doane noted that Closed Sessions are allowed under the Brown Act with respect to litigation, and expressed concern that the comments made may be approaching areas that should not be discussed. The Assistant city Attorney advised that the pUblic may present their views, I o 8-26-91 and at this point there was no concern with the statements of the Council. Mr. John Nakagawa, 12th street, said upon reading the impartial analysis and initiative from the recent election he did not feel the City Attorney had zealously pointed out defects on both sides of the arguments. Councilmember Forsythe pointed out that although Council is knowledgeable of Closed Session discussions, I there are certain things that can not be openly discussed, invited review of the legal documents at her residence, and _ said she did not wish to take an action on this matter at this meeting. Should the Council consider a second opinion, a question was posed as to disclosure of information that has been confidential, to which the Assistant City Attorney responded that it would depend on the scope of the assignment, noting that Councilmembers Hastings and Forsythe have offered the pleadings for review, however a different issue would be the review of confidential memorandums by another attorney. To a similar question, Mr. Lia said if another attorney is retained to review all or a majority of the aspects of the case that person would become an employee and be considered confidential, if the review is to ' determine whether the right direction is being followed that could become public where other paperwork would need to remain confidential, and emphasized that there are things that go on in a lawsuit such as this that can not be disclosed because of the nature of the information, negotiations, or whatever, and in that case only the attorney and client are aware of the direction. Mr. Lia stated his observation that the public may not have confidence that the matter is going in the right direction, therefore possibly an outside review may be appropriate, I however indicated that the public may likewise not be satisfied with that analysis either. In response to Council , Mr. Lia confirmed that he would not be comfortable in rendering an opinion without review of the confidential documents, yet stated any attorney could review and offer an opinion with regard to the direction that is being taken. Vote on the motion to receive and file the request: AYES: NOES: Doane, Wilson Forsythe, Hastings, Laszlo Motion failed It was the order of the Chair, with consent of the Council, to declare a recess at 10:50 p.m. The Council reconvened at 11:01 p.m. with Mayor Laszlo calling the meeting to order. COUNCIL CONCERNS Councilmember Hastings indicated she could not support the League position with regard to the pending legislation that would abrogate a two-thirds vote for general obligation bonds. Councilmember Forsythe reported being informed that there is provision of State Code that provides a basis for reducing speed limits in school zones, and noted that Bolsa Avenue is posted with a school warning sign westbound yet not eastbound, an example was cited of a lesser speed on I Seal Beach Boulevard in the area of Leisure World and Rossmoor Center than on Bolsa. The City Manager advised . that a report regarding, the Bolsa Avenue speed limit in the vicinity of McGaugh School will be forthcoming to the Council. Councilmember Forsythe mentioned a possible cost saving in the area of crossing guards at McGaugh School where students are not released until 1:20 p.m. yet the crossing guard is on duty at 11:20 p.m. as was past practice when children were allowed to go home for lunch, she noted, also use of the Lampson Avenue school crossing to accommodate Rossmoor students attending st. Hedwigs and the 8-26-91 I Seal Beach Boulevard crossing for students from the Navy housing, and suggested that possibly some financial participation from those sources for crossing guards be looked into. She reported the city Manager had advised that water will be provided to Gum Grove Park by truck on a interim basis while a permanent means of watering the area is looked into. Councilmember Wilson said Sunset Aquatic Park will be a subject of discussion at the upcoming Harbors, Beaches & Parks Commission meeting, asked that the public provide her with any pertinent comments, that her understanding is that the overnight parking is no longer a consideration, and the intent is to rewrite the leases to reverse the benefit to the County. With regard to the Business Association request for a beer garden in conjunction with their fund raiser, Councilmember Wilson clarified that her comment had been that she had mixed feelings since the proceeds of the event would provide improvements to benefit the Main Street area. Mayor Laszlo said it is rumored that the trees near the Arco station site at Lampson are diseased and requested that a tree specialist examine them prior to the issuance of any permit for their removal. The City Manager offered to review the eucalyptus grove ordinance and the arborist report, however noted he had been advised by staff that the trunk widths fall outside the provisions of the ordinance. The Mayor suggested that the EQCB look into the matter, also said it appears that some trees along Seal Beach Boulevard are missing. I ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Mr. Mario Voce, Catalina Avenue, said a suggestion was made that photographs be taken of the subject trees as a baseline record. There being no further comments, Mayor Laszlo declared Oral Communications closed. ADJOURNMENT Forsythe moved, second by Hastings, to adjourn the meeting until September 9th at 6:00 p.m. to meet in Closed Session. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried The meeting was adjourned by unanimous consent of the Council at 11:13 p.m. Approved: Clerk and ex-o of Seal Beach c.h4~ eeL - Mayor.4 I Attest: