Loading...
HomeMy WebLinkAboutCC Min 1990-07-23 7-16-90/7-23-90 ORAL COMMUNICATIONS There were no Oral Communications. ADJOURN It was the order of the Chair, with consent of the Council, to adjourn the meeting at 9:35 p.m. .1 lerk and ex-of of Seal Beach of the Approved: ~.L- ~.I- Mayor ProTe Attest: Seal Beach, California July 23, 1990 The City Council of the City of Seal Beach met in regular session at 7:13 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ,I ROLL CALL Present: Mayor Wilson Councilmembers Forsythe, Hastings, Hunt, Laszlo Absent: None Also present: Mr. Nelson, city Manager Mr. Barrow, Assistant City Attorney Mr. Whittenberg, Director of Development Services Mr. Jue, Director of Public Works/ City Engineer Mrs. Yeo, city Clerk WAIVER OF FULL READING Forsythe moved, second by Laszlo, 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. PRESENTATIONS ,I SEAL BEACH REALTORS - SIGNS Mr. Jim Klisanin, 7th Street, referred to the recently adopted sign regulations, and noted the importance to the real estate industry of placing signs to attract people into neighborhoods where properties are for sale, a service that in turn is provided to citizens in need of selling their property as well as the benefit of increased tax to the city. He suggested that consideration be given to allowing 7-23-90 I the placing of real estate signs at least on Saturday and Sunday possibly between the hours of noon and 6:00 p.m. Ms. Lynne Markman, Jade Cove Way, submitted a petition signed by realtors requesting that open house directional signs be excluded from Ordinance 1302 during daylight hours, and read a letter from Mr. Rich Johnson, Long Beach Board of Realtors, requesting that provision be made for some reasonable use of open house direction signs, referring also to an agreed upon modification of the Los Angeles sign ordinance that provided a reasonable exception for real estate signs. Mayor Wilson and other members of the Council expressed their concern with the placement of signs on public property in areas that could possibly pose a liability to the City. Members of the Council suggested that placement of signs on public property is a privilege other businesses do not enjoy, that signs could be placed on private properties in the general vicinity of the property for sale rather than on public property, and that the realtors could develop more finely defined guidelines than those in the Los Angeles ordinance that the real estate agents would be required to abide by. The Assistant City Attorney acknowledged that the City could realize some liability for incidents occurring on public property particularly if permission were given to place something on public property and damages are incurred as a result, and noted the most common situation is where signs obscure visibility and traffic or pedestrian accidents occur. He noted that as discussed previously, the city could make a determination as to whether a particular location would be safe for placement of signs within reasonable regulations, however noted that he did not believe that the signage could be restricted to real estate. with regard to potential liabilities, Mr. Klisanin said he felt a free standing sign, as opposed to a sign fixed to a pole, could pose more of a hazard, and again cited the need to attract and direct the public to the available real estate market, noting that the downtown area poses a somewhat different problem given the minimum yard area of most properties where signs could be placed, and acknowledged that there have occasionally been abuses of signage such as being left overnight, yet noted in the case of development of more than one piece of property signs are left for a long period of time. Mr. Klisanin reiterated their request for an exception to allow real estate signage to be placed on public property, preferably on the main thoroughfares. Members of the Council again indicated a desire to investigate certain areas that could be designated for such signs,' and possibly develop regulations to restrict the posting to certain days and hours, as well as limit on the number of signs. The Assistant city Attorney acknowledged that some cities have attempted to eliminate a city's liability through a hold harmless agreement with realtors however that has not been successful to any degree, yet it may be possible to pursue a co-insured status with the realtors if they would be agreeable. Mr. Klisanin thanked the Council for their time and requested that there be a follow-up of their concerns. The City Manager advised that the staff is and will continue to work with Mr. Rich Johnson of the Long Beach Board of Realtors towards resolving this issue. I I SEAL BEACH NAVAL WEAPONS STATION Capt. Stephen Holl introduced himself as the Commanding Officer of the Naval Weapons Station, Seal Beach, expressed appreciation for being allowed the opportunity to address the modernization of the port of Anaheim Bay. He explained that the Naval Weapons Station was established during World War II so that the Navy would have an ammunition handling 7-23-90 pier a safe distance from commercial port facilities and from the general public, that Anaheim Bay was chosen for the location of that pier and since 1944/45 assumed its ,shape as it exists today, and has been the only ammunition depot serving the Navy in Southern California. He stated the Navy has changed since 1945 and the ships of today are larger, that the facility has never had the ability to accommodate battleships or large amphibious ships, therefore ammunition is loaded onto barges at the pier, transported to the I explosive anchorage where they are loaded from the barges to the ships. capt. Holl said the designs for modernization of Anaheim Bay are intended to enable the Weapons station to provide piers ide service for ships of the modern Navy, this proposal having found favorable reception thus far in washington and it is expected to be proposed to the Secretary of Defense for inclusion in budgets that are to be proposed to congress in coming years. He noted that a modernization plan of 1974 was never funded, as this plan may not. capt. Holl described, through a slide presentation, what currently exists at the station and the modernization plan proposed, noted that the boats from Huntington Harbour currently put to sea by transiting the inner and outer harbor past the explosive operations that take place on a daily basis. He explained that the modernization proposal is three phases, the first phase, proposed for 1993, removes the tip of the western breakwater, removes the easterly breakwater entirely and reinstalls it enclosing a larger and deeper basin and in the process attaches it to the western side of the path from the sea into Huntington Harbour, therefore the water traffic would no longer enter the inner harbor; the second phase, proposed for 1994, constructs an ammunition wharf on the newly located inner breakwater and connects that to the tip I of the eastern jetty, opening the path to Huntington Harbor which would then eliminate entering either the inner or outer harbors, and that the channel from the inner to outer harbor would be dredged more deeply so that large ships coming in will not need to coordinate their movements with the tide so closely; and phase three, proposed for 1995 and 1996 funding, takes the land path from the center of the station that has been carried out to the end of the eastern jetty and from it extends a trestle to a wharf set out in the ocean about a mile from shore and encloses this in a low, protected breakwater, dredges the channel so that ships can approach it, with a significant one-time sand dividend from this dredging. In anticipation of questions, Capt. Holl stated there would be some affect under certain wind conditions on the surf on the Navy beach and to a lesser extent on the Surfs ide Colony beach, yet the arc of the waves that come into Surfside is still quite broad; that the project would not fully protect Surfs ide from storms, that would depend upon the direction of the swells, yet there would be partial protection; that the project will not mean that the Station will house considerably more ammunition, it will remain the same volume; and that there will be no greater risk to the community as a result of the project, the amount of ammunition that is stored and handled is restricted to quantities for whic~ the explosive arc does I not reach the public. with regard to environmental impact, the Captain said he would hope the seals will like the jetty and return to Seal Beach, that they anticipate being directed to restore some wetlands to compensate for the displaced water mass in connection with the new jetty, that there will be an environmental impact study conducted regarding the modernization which should begin within the next month or so, that it will be conducted in the context of a larger plan involving the homeporting of a new class of ships in various places, that Long Beach is a candidate homeport, phase three of this proposal supporting that 7-23-90 I candidacy, and that there will be public hearings during the EIS process. with regard to whether the City of Seal Beach or the communities surrounding the Weapons Station have the right to approve or disapprove these plans, he explained this is a proposal with local impact, yet it has a national purpose, therefore the Congress will approve or disapprove the plan if it is considered in the budget, yet the Station and the Navy desires the concurrence and approval of the community, they want the impact to be as positive as possible, that the strong cooperative relationship the Station and City have had over the years is valued and hoped to continue. Capt. Holl said he would welcome a candid assessment of the plan and suggestions, and that the public will have an opportunity to express its views and participate in the environmental impact study process. with regard to whether the decline in the size of the Navy obviate the need for expansion of the port, the Captain explained the answer to be no because the average ship size is not declining; with regard to cost he reported it to be approximately $50 million, $50 million, and $100 million for phases one, two, and three, a cost that is significantly less than the replacement of any of the major ships which would benefit from the project, therefore in a national defense perspective it is probably affordable. He said there are no Navy ships homeported in Seal Beach, if phase three is completed there would be an opportunity to homeport ships however that would require considerable further investment and there is no plan to do that, therefore whether there would be more Navy personnel on leave in the City is doubtful, that there is no Navy housing contemplated for Seal Beach as there is no place to locate it, with the exception of the construction itself, there would most likely be no change to the local job market, the new wharf allowing more efficient use of the present workforce. The Captain stated there is a linkage to the ports of Long Beach and Los Angeles, the 2020 Plan proposing expansion of those ports, the landfills and bunkering anchorages used by merchant vessels visiting the ports today, therefore the port authorities are counting on using the Navy's explosive anchorage for their bunkering business in the future, that the explosive anchorage would not be available unless the large ship ammunition work that is currently being done is taken care of in some other way, therefore it is possible that eventually the failure to do this or to find some other provision for the large ships could constrain the growth of the ports. The Captain said he felt one will find, if this plan is in deed carried out, that the Station will continue to be a quiet neighbor, looking much the same as today, and concluded that the boats from Huntington Harbour will have a better and faster route to sea, some additional protection from some storms at Surfs ide Colony, as well as a one-time sand dividend that may be significant. To questions posed by the Council, Captain Holl confirmed that the project will be federally funded; that there would be some obstruction of view from Surfside; that liberties of Navy personnel are unlikely to change from the present as few ships remain in port at night; and that ammunition would be transported to and from the new wharf by rail and road facilities. Councilmember Hastings said the plan in effect makes a deep water port out of a bay, that she was informed the Concord facility does not impact a residential area as it does in Seal Beach, that although the sand would be a benefit to the City it would likewise provide a means for the Navy to dispose of its dredging, and of the total cost of the project she would hope that the City would realize at least a million dollars to repair and rebuild the groin to aid in retaining the sand that may be realized. She stated her I I 7-23-90 eventual opJ.n10n would be based upon the desires of the citizens. In response to Councilman Laszlo, the Captain advised that the environmental studies contract has not yet been awarded and will not be handled from the Seal Beach station as the study will be of a much larger context, that there will eventually be public notice and hearings on this matter, and offered to notify the City when the choice of I contractor is made. with regard to impact on the beach and surf, he stated there is a separate engineering study being done by the Army Corps of Engineers, that there is a physical model of the coastline from the east jetty to approximately Balsa Chica, and that his Station has paid for a sand transport and wave study, the Army currently preparing the model to conduct that study, and offered to make the results available to the city. He noted also that in recent years Washington has discharged monies for replenishment of sand usually on a five year basis, and that the Corps has been studying placing a spur on the eastern jetty to change the wave pattern and reduce the erosion, and that they view the modernization plan as part of the answer to protecting the Surfs ide Colony beach. In response to Councilman Hunt, the Captain explained that the third phase of the project would enable taking the ships that are serviced at the explosive anchorage and bring them pierside so that exclusive use of the explosive anchorage would not be needed, and the ports are desirous of using that anchorage to refuel ships since the anchorage where that is presently done is part of the four thousand acre landfill, noting that at the present time ships come piers ide to pickup and discharqe cargo yet they do not come piers ide at the container piers to refuel or draw water, they do that at I anchor inside the San Pedro breakwater, which is where the ports hope to put more container piers. Capt. Holl offered that he believed their wetlands mitigation would be approximate fifty to seventy-five acres. Councilmember Forsythe said that from a conceptual standpoint she felt that this plan would adversely affect some areas of Seal Beach, yet she would prefer to wait until the EIS is prepared to determine the actual impacts. capt. Holl confirmed that they would be working with the city on the EIS, however pointed out that this is a Navy endeavor rather than the Station, that management will be from Washington, and noted also that this is only a candidate site. with regard to sand replenishment, the Captain said he believed that erosion is much faster down-coast from the jetties yet periodically some sand is provided for the east beach. Councilmember Hastings asked for clarification as to where the bunkering is proposed, noting her concern regarding fuel spills. The captain responded that the explosive anchorage is about three miles from the wharf. Mr. David Skelly, Encinitas, representing the Surfrider Foundation, said they were a non-profit organization dedicated to working to and for the protection and enhancement of the coastline, and stated the Foundation is strongly opposed to this plan, citing the potential for I serious problems, coastal erosion being one, as well as industrialization of the area, and that the Foundation will pursue any action necessary to stop the plan. Mr. Tom Quinn, 1013 Electric Avenue, said although there are a number of factors, a specific issue is that there are many persons who enjoy the beach and surf of the area, that presently the Long Beach breakwater blocks much of the north and westerly swells, Catalina Island obstructs the south and southwest swells, that the project would cut off the south swell, and he felt there will be an impact on Surfs ide as well as the main beach, and an economic impact on the ~ 7-23-90 I business community, and with the presence of the ships their personnel will come into the city and affect a change on the atmosphere of the city. Mr. Quinn stated the city is the custodian of this small, fragile coastline, yet has the worst quality of sea water in Orange County, and offered that the project will not improve that quality. He said he did not support the plan. Mr. Mario Voce, 730 Catalina Avenue, agreed that any further obstruction of the water flow will impact the quality of the water, that many of the ships may be nuclear powered and there would be increased potential for nuclear materials entering the ocean waters. He inquired as to the anticipated time frame for the EIS scoping sessions. The Captain stated it is anticipated funding will be available for the EIS contractor within about two months, that the hearing will most likely be noticed in the press, and offered to provide notice to the Council. Mr. Roger West, 1201 Electric Avenue, said this is not the time or place for the proposed plan, that when the base was established it was small and the community was sparsely populated, that Seal Beach is not the place for a nuclear submarine port, and if it is the intent of the Navy or Congress to pursue this plan, the Council should ask them to move the base elsewhere. Mr. Gordon Labedz, Regatta Way, agreed with the previous statement, said that instead of reducing the nuclear weapons base they are proposing to increase it as well as the dangers to suburban Orange County. He spoke regarding the outline of the coastline, the diminishing sand line, and the effect of a jetty which takes sand from a northerly beach and deposits it to the south, and made reference to the Oceanside beach area as an example. He requested that the Council do everything possible to deter the Navy from implementing this plan. Ms. Sheri Medic, Greenpeace Action, suggested that persons interested in the scoping meetings provide their name and address to the Captain to receive notice thereof, and that the EIS likewise be forwarded to those individuals. In response to questions of Ms. Medic, the Captain responded that he could neither discuss, confirm or deny the presence of nuclear weapons on the station or on ships, that conventional weapons would be transported by truck or rail from storage on the Station to the end of the pier as opposed to the present system where the same ammunition would be transported by truck or rail to the inner pier, be loaded on a barge and taken by tugboat to the anchorage then loaded onto the vessel or vise versa if it is an off-load, , noting there is less handling of ammunition if it can be done piers ide which is an economic advantage to the Navy and the nation, and is one of the reasons for the proposal. He explained that the ships of the Pacific Fleet today in this area, with the exception of submarines and aircraft carriers, includes classes from minesweepers to battleships, Coast Guard vessels, and occasionally a foreign naval vessel, do not carry cargo ammunition, however there is a new, much larger ship, that is a less expensive solution to the cargo ships of today, however this ship will not fit where the smaller ships will, therefore there is the study to determine where it can be located, which is part of the EIS. Ms. Medic said there appears to be a potential for nuclear weapons on the Station however the public will not be made aware. with regard to an increased number of ships, the Captain responded that there would be an increased capacity to have ships pierside, yet those that do not come pierside will be serviced at anchor, thus in that sense it is not an increase in vessels but a simplification of serving those ships. He said one should keep in mind that it does appear the Navy is going to shrink, that two small classes of frigates have been retired in recent years, the I I 7-23-90 older guided missile destroyers are reaching the end of their usefulness, and it is rumored that a large class of frigates is going to be retired in a financial saving effort, therefore there could be less ships, however the size of the vessels will be larger. Mr. James Goodwin, 1405 Crestview Avenue, read a letter from himself and his wife, which he said expressed the attitude of the Seal Beach I Nuclear Action Group in opposition to the expansion. The Captain explained to Mr. Goodwin that the Station has an emergency structure set up and there are periodic drills in cooperation with the Seal Beach Police Department. Ms. Margaret Blair, Linden Avenue, Long Beach, inquired about the existence of nuclear powered ships, including the new ship that had been mentioned. The Captain explained that the cruiser Long Beach is nuclear powered and is an occasional customer of the station, that the class of ship that has caused the Navy to consider the expansion will not be nuclear powered, however the larger pier would allow aircraft carriers to come to the pier, and they are nuclear powered. Mr. Harold Collins, 3114 Volk Avenue, Long Beach, Chairman of Peace Network that is involved in the study of emergency procedures in the Long Beach Naval station, and said question has been raised for some time if procedures are in place and adequate to handle a nuclear explosion. He spoke of the effect of plutonium, of recent disasters on naval vessels, and what could have occurred had those taken place near nuclear weapons, also provided a written document regarding naval accidents from 1945 to 1988. Mr. Alan Johnson, 705 Catalina Avenue, objected to the plan on the basis that phase three would close off the cleaning currents of this area, which would bring about warmer and less clean I water, decrease in property values, and revenue to the City and businesses. Mr. Robert Kendrick, President of the Surfside Board of Director, reported there was unanimous opposition to this plan at a recent Surfs ide Shareholders meeting attended by approximately two hundred twenty of the two hundred sixty shareholders, and requested that the Council join with them in opposing the project. He cited losses to homes in the Surfside area as a result of the jetties, he objected to the potential decrease of property values, and expressed concern with the loss of the surf as it now exists. Mr. Kendrick said if there is concern with the loss of sand, the jetties should be removed, as well as the base. CLOSED SESSION The Assistant City Attorney announced the Council would meet in Closed Session pursuant to Government Code Section 54956.9(b.1). The Council adjourned to Closed Session at 9:00 p.m. and reconvened at 9:31 p.m. with Mayor Wilson calling the meeting to order. The Assistant city Attorney reported the Council had met in Closed Session pursuant to the authority previously announced to discuss potential litigation, and no action was taken. RESOLUTION NUMBER 3965 - SALARIES/BENEFITS - MANAGEMENT/ I', CONFIDENTIAL/NON-REPRESENTED Resolution Number 3965 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTERED CITY, ESTABLISHING A COMPENSATION PLAN, INCLUDING SALARY AND BENEFITS, FOR MANAGEMENT, CONFIDENTIAL, AND NON-REPRESENTED EMPLOYEES AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 3965 was waived. The City Manager reviewed the proposed compensation package. Councilman Laszlo inquired if there has been any change to vacation ,'" . I " 7-23-90 I allowances and status of medical benefits. The City Manager responded that there is no changed proposed at this time, however explained that last year the Council granted an additional one day administrative leave, bringing management to three days and confidential and non-represented to one day per year, that being in recognition of holidays that had been negotiated for the employee organizations, therefore all employees, with the one exception of management leave, receive the same leave package. He noted that in recent years the orange County Employees Association negotiated to change from accrual of vacation and sick time as separate items to a single leave system, which has been carried over to the management, confidential, and non-represented categories. Mr. Nelson advised that staff is researching a medical benefits carrier that will provide an indemnity insurance program for city employees, noting that at the present time there are two health maintenance organization programs for OCEA, management, confidential, and non- represented employees, and explained that the past two times the city solicited bids for health insurance the criteria set forth by the only provider that responded was that they would only cover the city if seventy-five percent of the eligible employees selected that coverage, which would have been about forty-five employees, and that a survey of the employees showed only eleven were willing to pay the approximate $300 more per month for the indemnity program. The city Manager advised that all full-time, regular employees are receiving full benefits, that there is an employee who feels that certain benefits have been lost, however the organization that represented the individual at that time had negotiated those benefits away. I Hunt moved, second by Wilson, to adopt Resolution Number 3965 as presented. AYES: NOES: Forsythe, Hastings, Hunt, Wilson Laszlo Motion carried I RESOLUTION NUMBER 3968 - COMPLETION - PROJECT 608 - ZOETER SCHOOL - FIRE DOORS Resolution Number 3968 was presented to Council 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 3608, INSTALLATION OF FIRE DOORS AT ZOETER SCHOOL IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN COX CONSTRUCTION AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3968 was waived. Laszlo moved, second by Forsythe, to adopt Resolution Number 3968 as presented. In response to Councilman Hunt, the City Manager reported revenues from the daycare facilities are about $24,000 per year, that the annual capital cost is $130,000, that amount paid from tax increment, yet does not include some miscellaneous maintenance items that are funded through the Public Works budget, that operating revenues are exceeding operating costs yet does not approach the capital costs, and said he was not certain of the current appreciation of the original $1.5 million asset. He noted that the childcare leases, which are due to expire in approximately two years, provide an escalation clause and for renewal, however are subject to approval by the City. The Director of Public Works advised that no large capital expenditures are anticipated, however pursuant to a request of the Fire Department there will be a need to look at the heating system. The city Manager pointed out that the city had entered into this arrangement realizing that it would be subsidizing the child care operation by providing a lower than market rate rental, and 7-23-90 the leases conditioned to provide priority to 'residents and employees in Seal Beach. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried In response to councilmember Hastings, staff explained that I the present heater at the child care buildings is a gas unit, that the City is currently paying the gas utility, yet it is believed that the centers pay the electric and telephone, and again that the Council entered into these leases with the understanding that there would be a subsidy of this child care service as there were no other providers under the current market rates in the downtown area, nor capable of serving the number of children. RESOLUTION NUMBER 3969 - COMPLETION - TRUSS REPAIR - MARY WILSON LIBRARY Resolution Number 3969 was presented to Council 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 #609, TRUSS REPAIR AT MARY WILSON LIBRARY IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN DUKE PACIFIC, INC., AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3969 was waived. Laszlo moved, second by Wilson, to adopt Resolution Number 3969 as presented. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried ORDINANCE NUMBER 1311 - CITY COUNCIL COMPENSATION Ordinance Number 1311 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, RELATING TO COUNCILMANIC SALARIES AND AMENDING THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1311 was waived. The Assistant City Attorney stated pursuant to the Government Code Section referenced in the recent Charter amendment, cities up to and including thirty-five thousand population can provide for City Council compensation of any amount up to $300 per month. Councilman Laszlo moved the introduction of Ordinance Number 1311, amended to reflect an amount of $300 per month, and that Ordinance Number 1311 be passed to second reading. Councilmember Hastings seconded the motion. I AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried CONSENT CALENDAR - ITEMS "G" throuah "M" Councilmember Forsythe requested Item "H" removed from the Consent Calendar. Laszlo moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar, except Item "H", as presented. G. Approved regular demands numbered 80093 through 80290 in the amount of $688,609.46 and payroll demands numbered 40882 through 41106 in the amount of $228,939.03 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. I I. Approved the minutes of the regular adjourned meeting of May 15, 1990. 7-23-90 J. Accepted the resignation of Mr. Norm Schutzberger from the civil Service Board and declared the position to be vacant. K. Bids were received until July 19, 1990 at 11:00 a.m. at which time they were publicly opened by the city Clerk for Project Number 610, Handicap Restrooms at Marina Community Center, as follows: I Double J Contractors Archean Pacific corp. Cox Construction $43,860.00 48,856.00 54,250.00 Awarded the bid for Project Number 610 to the low bidder, Double J Contractors, in the amount of $43,860.00, and authorized the city Manager to execute the contract on behalf of the city. I L. Received and filed the July 18, 1990 report from the Finance Director regarding the sale of the 1990 Tax Revenue Anticipation Note. M. Received and filed the July 23, 1990 report from the Director of Development Services regarding the status of the Air Installation Compatible Use Zone (AICUZ) Study for the Lo~ Alamitos Armed Forces Reserve Center. Forsythe, Hastings, Hunt, Laszlo, wilson None Motion carried AYES: NOES: ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" - MINUTES - MAY 14. 1990 Hunt moved, second by Laszlo, to approve the minutes of the regular City council meeting of May 14, 1990. AYES: NOES: ABSTAIN: Hunt, Laszlo, Wilson None Forsythe, Hastings Motion carried I CLARIFICATION OF CITY POLICY - BUILDING PERMITS / PLANS The Director of Development Services presented a report to clarify the availability to the public of building permit information and building plans. He explained building permit information is available to the public as photocopies, that it has been past practice to allow an individual to review the various building permits and in some cases the public has been allowed to make copies thereof, that actual building plans are not allowed to be photocopied for persons other than the current owner of the property in question or the architect or engineer who prepared the building plans, however building plans may be reviewed at the Building Department in accordance with provisions of the Health and Safety Code. The Director clarified that in the past staff has not released building plans or copies of building plans in accordance with that policy, and in the future copies of building permit information will be made only by staff. Councilmember Forsythe relayed a suggestion of the Planning Commission that a record be kept of persons obtaining building permit information on a particular property. The City Attorney confirmed that it would be both legal and reasonable for the City to maintain a list of persons making such requests and to require identification of the individual. The Director 7-23-90 reported there are between five to eight such requests per week, generally from the new owner of a property, realtors who are required to make a disclosure on a particular property, or from contractors. With the concurrence of the Council, the Director stated a logging requirement would be incorporated as part of the Department policy. HOUSING ELEMENT REVIEW COMMITTEE The Development Services Director provided a report setting forth the documents that have been prepared for the information of the members of the Housing Element Review Committee, and offered to include any other information the Council would choose to make available. He noted that letters have been sent to members of the Committee seeking dates and times that would be most convenient for them to meet, and requested clarification as to the level of staff involvement or non-involvement which is to be provided the Committee. Discussion followed with members of the Council expressing their views with regard to scheduling of an organization meeting, it was suggested that should the need arise the Council could then direct staff assistance to the Committee, also discussion with regard to the time frame under which the Housing Element had been considered and adopted. Councilman Hunt objected to activating the Committee until such time as the current litigation is concluded. Discussion continued. It was the consensus of a majority of the Council to direct staff to schedule the organizational meeting of the Housing Element Committee at the earliest time possible. AGENDA AMENDED Laszlo moved, second Forsythe, to consider agenda Item "V", Hellman Ranch Specific Plan Committee, out of order at this time. I I AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried HELLMAN RANCH SPECIFIC PLAN ADVISORY COMMITTEE Members of the Council indicated their preferences for the number of members on the Committee and for appointment at- large, a question was also posed as to whether having a citizens committee develop the Specific Plan would be in keeping with the direction set forth in Resolution Number 3937 and provisions of the Code that calls for initiation, adoption, or amendment of a Specific Plan by the Department of Development Services, Planning Commission, city Council, or the Redevelopment Agency. The Assistant City Attorney advised that the Resolution and the Code state the Plan would be City initiated, therefore establishing a committee would not be inconsistent with those provisions, that the owners of the Ranch would be invited to participate, as well as the Mola Corporation, if they are interested. Councilman Laszlo said it was his understanding that the committee would work towards developing a plan, and that a report would then be forthcoming for consideration of the Planning I" Commission and Council and/or Agency, stating he felt that the citizens would most likely support some development on the bluff area, therefore possibly alternatives could be developed for the areas that are considered to be hazardous, which may require further action, such as rezoning. The Assistant city Attorney recalled it was the intent of the Council to look towards alternative development for the" Hellman property, and explained that even though a citizens committee was not specifically mentioned in Resolution 3937 it would be within the discretion of the Council to establish such committee, and again stated that action would 7-23-90 not be inconsistent with Resolution 3937. Councilmember Forsythe suggested that consideration be given to following procedures similar to those used to develop the DWP Specific Plan. Discussion followed. I Councilman Laszlo moved that the Hellman Specific Plan Advisory Committee be established and consist of at-large appointments, six members appointed by District Three, three members appointed by District One, and two members each by Districts Two, Four and Five. Councilmember Forsythe seconded the motion. Discussion continued regarding the representative membership on the committee. AYES: NOES: Forsythe, Hastings, Laszlo Hunt, Wilson Motion carried As announced by a member of the audience, the City Manager reported that a young man boogieboarding under the pier in the dark had been severely injured and has been rushed to the hospital. It was the order of the Chair, with consent of the Council, to declare a recess at 10:53 p.m. The Council reconvened at 11:01 p.m. with Mayor Wilson calling the meeting to order. I REDWINE MANUSCRIPT Ms. Beverly Casares, Seal Beach, displayed a map of the Hellman property, which she said was prepared in 1980 by Archaeological Associates, that site ORA-850 had previously been identified as a probable site for Gabrielino Indian bones, and charged that was not addressed by LSA in doing their research of the Hellman site therefore their work was without integrity, and that the human bone they discovered was merely by accident at site ORA-862. She said there were three prior different cultures on the Hellman land, that there are thirteen known archaeological sites on the property, bones found in three, that the 1957/58 research of Redwine substantiates that existence. Ms. Casares stated the Pacific Coast Archaeological Society registered the sites and the artifacts found by Redwine eleven years after his death, however she claimed that Ms. Beth Padon, a member of that Society, ten year archaeologist with U.C.L.A., and head of the Hellman property research, referred to the find as something Redwine supposedly found. She questioned if Ms. Padon's statement that the sites were difficult to find were in reference to the map on display or if she had even gone to review the Redwine study, and noted that a local amateur archaeologist was refused permission to view the documents that are housed at U.C.L.A. She stated also that Dr. Phil Walker, a forensic anthropologist, had identified another skull fragment found in 1938 as Gabrielino Indian. She referred to a recent news article regarding the Coastal Commission and its guidelines, claiming that a spokesman of the State Office of Historic Preservation said that their office had no legal mandate, obligation, or current interest in reviewing the LSA report, and that a principal of the Native American Heritage Commission had said they do not review reports to insure compliance with Coastal Commission requirements, therefore she stated that obligation lies with the City. Ms. Casares requested that as a part of the City's history and heritage, the city Attorney be directed to subpena from the U.C.L.A. Archeological Information Center an Archaeological Associates Survey Report of the Hellman property, Seal Beach," 1980, the Scientific Research Survey of 1981, and the Landing Hill Manuscript written by Peter Redwine, an original manuscript owned by Dr. Charles Rosier, Los Angeles County Museum of Natural History. I 7-23-90 COMMUNICATION - PROPOSED HELLMAN DEVELOPMENT/GUM GROVE PARK In lieu of reading the written communication dated June 27, 1990 submitted by Mr. Lee Risner with regard to actions taken on the proposed Hellman development and the issue of Gum Grove Park, Laszlo moved, second by Hastings, that the communication be received and filed. AYES: NOES: Forsythe, Hastings, Laszlo Hunt, Wilson Motion carried I With regard to the previous request for documents, Councilman Laszlo moved that the City Attorney be directed to acquire copies of the referenced reports for the city. Councilmember Forsythe seconded the motion. AYES: NOES: Forsythe, Hastings, Laszlo Hunt, Wilson Motion carried APPOINTMENTS - BOARDS and COMMISSIONS citizens ParticiDation Committee Councilmember Hastings requested the District One appointment be held over. Councilmember Forsythe reappointed Mr. John Stillwell to the Citizens Participation Committee representing District Three for the full term expiring July, 1994. Councilman Hunt reappointed Mr. Byford Webb to the Citizens Participation Committee representing District Five for the full term expiring July, 1994. proiect Area committee councilmember Forsythe reappointed Mr. James Watson as a business representative to the project Area Committee for the full term expiring July, 1992. I 75th Anniversarv Steerina Committee Councilman Hunt appointed Ms. Pat DOpp to the 75th Anniversary steering Committee representing District Five. He noted he did not have an alternate appointee at this time. Housina Element Review Committee Councilman Hunt appointed Ms. Edith Colling to the Housing Element Committee representing District Five. Mayor Wilson appointed Mr. Paul Snow as the alternate member to the Housing Element Review Committee representing District Two. Appointment of alternate members from Districts Three, Four, and Five were held over. BEACH COMMISSION PROPOSAL Councilmember Forsythe reported she had spent a number of I hours on the beach observing first hand the lifeguard operation, situations they are often confronted with and - problems they encounter, that subsequently a meeting was held with the city Manager, Police Chief, Lifeguard Chief and a lifeguard to discuss various means to assist their operation. She suggested that a Beach commission be established to act as a liaison between the Lifeguard operation and the City Council, however requested that this matter be postponed until early fall. Mayor Wilson reported that the City Manager has forwarded a 7-23-90 I letter to the Coast Guard office in Long Beach regarding the potentially dangerous conditions in the San Gabriel River Channel and requesting their attention to the problems, however a response is yet to be received. She said she had received a letter from a Mr. Wilmore regarding the same issue. Councilmember Forsythe said even though the City has no jurisdiction in the Channel, vessels often end up in local waters where there is a need for regulations, and requested a copy of the Coast Guard response when received I CITY COUNCIL ITEMS Mayor Wilson announced that water usage is down eleven to fourteen percent over a period of two years on a voluntary basis, and reported that recent graffiti at Edison Park has been removed. Councilmember Hastings reported six of the seven businesses that have in-lieu parking have paid their annual fees with the exception of Hennessy's, and that the Development Services Department staff has written a letter to Paul Hennessy informing him of the amount due and that failure to comply could result in reconsideration of their variance. She said the conduct of a member of the Council towards a member of the audience at the July 9th meeting was unacceptable, and read portions of a Los Angeles Times editorial regarding the recent Grand Jury investigation, that alleged the solution to the nepotism issue will be to relax existing requirements that bar two relatives from working in the same department only if one is directly supervising the other or if the City decided that for other reasons the potential for conflict of interest would be greater than for two unrelated persons, etc. Councilmember Hastings said to date the Council has had no information from staff regarding the charges of the Grand Jury, and read a letter she had written to the Attorney General and to the District Attorney requesting an investigation relating to the Grand July report regarding the Police Department and of recent citizen allegations. In response to Councilmember Forsythe, the city Manager stated that even though the General Plan currently provides that Pacific Coast Highway shall be no more than four lanes, he believed that the Council could consider adoption of a resolution, similar to that adopted by Newport Beach by addressing parallel parking need, to reenforce the General Plan provision. with regard to the observatory dome, the Assistant City Attorney said the direction of Council had been to issue the final permits for the dome and authorize staff to prepare necessary amendments to the Code to allow a reasonable amortization period for the property owner to recover their investment, and depending upon the period of time specified, the applicant would then need to come back to the city and either apply for a permit or remove the dome, and noted that other cities have determined a period of one to five years has been felt to be reasonable. Councilmember Forsythe recalled there were a number of recommendations from the Retail'Sales Committee that if implemented would improve Main Street and possibly enhance retail sales tax, lighting and signage being one suggestion, and inquired if a program could be initiated to implement some of the recommendations, possibly a fund raising program or assistance through community organizations to assist the merchants in that regard. The City Manager stated that the problem lies with lack of funds, that a Business Improvement Area was once proposed yet never adopted, however offered that the staff could be directed to try to develop a program for Council consideration. He recalled staff having been requested to research and prepare a directional sign ordinance for throughout the City, a project that is yet to be completed, that an archway sign had been suggested, and that the I 7-23-90 Business Association had proposed $5,000 for a sound system for music or announcement of major events, however it was found that amount was insufficient for such a system. Councilman Laszlo inquired about the status of the Rossmoor Center study, and of any discussion of the Mola project at the last Commission meeting. The Development Services Director reported several months ago a study was prepared for the Planning commission regarding retail and non-retail I uses, however that study was postponed until such time as there was a full Commission. He said there had been some discussion by the commission regarding the impact of the decision on the Mola project in terms of geological concerns and how that would be carried out consistently throughout the community, that it appears they are seeking direction from the Council for the commission and staff to evaluate the geologic issues. Councilman Laszlo stated he has received complaints regarding street sweeping on Lampson Avenue, basically the area between Candleberry and Heather. Councilman Hunt asked if the amortization approach for the observatory dome seemed reasonable to Councilmember Forsythe. She said she had thought that the matter would simply be required to go through the permit process once again, however if amortization is the appropriate legal process, that is what will need to be done. Mayor Wilson noted that the street adjacent to the Parasol Restaurant is in need of repair, also that the tours of Leisure World will again be conducted on July 31st, August 28th, September 25th, and October 25th in conjunction with the 75th anniversary, and suggested that anyone interested should make a reservation. Councilmember Hastings inquired if soil compaction is now being required for new construction. The Development Services Director explained there may be different soil conditions from one property to another, one I requiring compaction where another may not, that the requirement for soils reports is fairly recent for new single family homes, and a particular situation could be dependent upon when the building permits for construction were issued. Councilmember Forsythe reported a recent opportunity to tour the Santa Cruz and Watsonville areas and suggested that any means to prevent the potential for such destruction in this community should be taken. ORAL COMMUNICATIONS Mayor Wilson declared Oral Communications open. Ms. Gail Ayres, 707 Electric Avenue, made reference to the upcoming pro volleyball tournament, inquired if the Orange County Firefighters would be holding their fund raising event, and stated there have been problems as a result of the consumption of alcoholic beverages, and inquired as to who is responsible and who determines a cutoff. She requested that there be more police patrol on the west side of town during such events, and offered that there are too many events in the old town area. The City Manager advised he was uncertain as to whether the Firefighters would be holding their event, yet pointed out that they must comply with the same ABC rules and regulations as any seller. Mr. Charles Antos, Seal Beach, made reference to the agency for I which he works where if the work of an employee is not acceptable they are not given a salary adjustment, and that he felt there has been adequate concern expressed regarding the Police Chief, the Grand Jury report, and the City Manager to defer salary increases pending a final resolution of the issues. Mr. Galen Ambrose, Seal Beach, submitted a report from Dr. Stanley Finney critiquing the Leighton and Associates report on the Hellman property, and requested that the Council immediately institute the procedure to rezone the Hellman property as agriculture, wetlands or open space as a reinforcement of the denial of the Mola project 7-23-90 I for geologic concerns and preclude any development on that property. The Assistant City Attorney stated there are procedures that could be followed to accomplish the request, the City could adopt a moratorium or instruct the Planning Commission to process a zoning amendment, however although there is presently no pending litigation with the Mola Corporation, in their correspondence to the city Council it was indicated that if the project were denied they would likely proceed with litigation, noting that there is a ninety day statute of limitations for Kola to file an action against the City, therefore it would be inappropriate to take such actions at this time. Mr. Ambrose said he felt the city should take an action now. He suggested that if it is decided that wetlands restoration is the most appropriate use of the Hellman Ranch, it must be understood that the larger the restoration project the more available funding will be, that there is an opportunity to do a complete restoration of the Hellman property, possibly tied into Los Cerritos and the state Lands parcel, and that the state Lands site would be more appropriately used for wetlands flooding rather than for a hotel. Mr. Ambrose stated he felt nothing should be done with the Hellman Ranch until an acceptable use is determined. Ms. Moira Hahn, Seal Beach, said she wished the record to reflect that the agencies that will review the acceptability of the LSA archaeological work on the Hellman Ranch are the state Office of Historic Preservation, the appropriate Native American group designated by the Native American Heritage Commission, and the Executive Director of the California Coastal Commission. Ms. Hahn stated she had attended the July 18th Planning Commission meeting where archaeological concerns had been listed on the agenda, however a member of the Commission attempted to block the discussion as being an issue to be dealt with at the State level, that Dr. Stickle was in attendance and informed the Commission that other city governments, including Santa Barbara, feel that the State guidelines to protect native american archaeological resources are inadequate, and many cities have developed local guidelines for the protection of such resources. She said she had met with the Coastal Commission staff analyst for the Mola project, provided him with two reports regarding the LSA archaeological research design, at which time it was suggested that she forward the reports to the State Office of Historic Preservation and the Native American Heritage Commission and that his decision for the Coastal Commission would be based upon their conclusions, yet said she had been informed by those two agencies that they would not review the LSA report for the Coastal Commission. Ms. Hahn asked that local regulations be developed to protect the archaeological resources. Mr. Mario Voce, Catalina Avenue, expressed concern regarding irrigation of Gum Grove Park and inquired if it is possible for a member of the community to have access to the fire hydrants in the area as a watering source. The city Manager reported he had spoken to the Public Works Director regarding use of the fire hydrants, that there are concerns regarding erosion if watering is not done properly, however personally he could see no problem with individuals watering through a hose for short periods of time, also that the Fire Department indicated they do not feel there is a fire hazard that could not be abated by a brush cleanup and that staff is attempting to secure a work team to supplement City employees from either the California Conservation Corps or the Sheriffs Department to clear the brush and prune lower limbs of the trees as recommended, and offered that the staff could provide a full report to Council. councilmember Forsythe said her concern lies with the health of the trees, I I 7-23-90 and although encouraging the abutting properties to keep their properties watered is a possibility, use of the hydrants would resolve the immediate problem. Mr. Voce offered that it has been his experience that fire organizations tend to clear the brush and limbs up to four or six feet and are not sensitive to wildlife areas, and said continued light applications is the proper manner in I which to water. Ms. Beverly Casares, Seal Beach, suggested that City crews be directed to connect their hoses to the hydrants and water the entire Gum Grove Park and to not trim the trees. She asked that the staff be directed to not discuss or accept any proposed development plans unless authorized by the Council, and that the City Attorney be directed to use subpena power as had been suggested. Ms. Francis Johnson suggested that only the dead branches be trimmed from the Gum Grove trees. Mr. Dave Blakeman, 1016 Ocean Avenue, stated he operates a recycling program available to all residents, and inquired if his proposal to the city has been given consideration. The city Manager responded that the Council had been informed that a report would be forthcoming, and staff is presently attempting to resolve a legal issue where the refuse contractor is claiming they have an exclusive collection right. Laszlo moved, second by Forsythe, to extend the meeting adjournment time. AYES: NOES: Forsythe, Hastings, Laszlo, Wilson Hunt Motion carried Mr. Blakeman, Environmental Recycling Services, read the recycling proposal he had submitted to the City which, in summary, proposed voluntary recycling to reduce waste, reduce need for future legislation to require recycling, eliminate higher rubbish collection fees as revenues would be derived from the commodities collected, separate containers provided for collection of paper and of glass, aluminum, and plastic, a third container for computer paper, etc., $10 per container charge, ,single family pick-ups every third week, weekly or bi-monthly pick-ups for multi-units, containers collected from yards or designated areas, emptied, and returned, use of small collection trucks, and a request that the City not award an exclusive contract. In response to Council, Mr. Blakeman reported his service is presently operating in Old Town, the Hill, College Park, and the Rossmoor community, approximately four hundred residences, no fees, merely a deposit on the container(s), confirmed that recyclables are a commodity and recognized as such, and that his service does not provide rubbish removal. The City Manager confirmed that Mr. Blakeman presently complies with the law as he deals directly with individuals. The Assistant City Attorney reported the refuse contractor has forwarded a letter to the City claiming to have exclusive right to perform these services, which is presently being researched, and offered that if Mr. Blakeman has something to legally support the distinction between commodities and waste, that should be submitted to the city. Ms. Barbara Antoci, Ocean Avenue, said she has managed a recycling center for approximately twelve years, and offered that recyclables are a commodity, not refuse or trash, and spoke in support of this service. Ms. Sue Corbin, Seal Beach, inquired as to the benefits of Miller Highlife, the volleyball tournament sponsor, to the City, suggested that this be the final year of that activity, and charged that the son of a recent Councilmember was hired into the public Works Department while she was a member of the Council, which is a case of nepotism as opposed to the individuals in I I 7-23-90/7-25-90 I the Police Department where they had been employees prior to their marriage, a situation similar to Black versus Seal Beach some years past where the judge dismissed the charge of nepotism. Ms. Dorothy Whyte, Chairman of the 75th Anniversary Committee, expressed appreciation to the Council for funding their efforts and noted the Committee's intent to reimburse those monies to the city. She reported a masquerade party is planned at the Bixby Office Park for October 26th and if it appears there will be more than the four hundred attendees the Committee will look into obtaining an additional tent, that October 27th festivities will include a 10K run, a parade, a program will be on the greenbelt and possibly an evening fireworks display. She added that there will be Anniversary banners on the main City streets, that tee shirts, posters and buttons are for sale, that the Chamber will be hosting a golf tournament on September 13th, there will be a Naval Weapons station open house on October 15th, and reported that sponsors for the various activities are being sought. She explained that holding a 'pow-wow' is not considered to be feasible for various legal reasons, however the Committee is looking towards including the Indians in the parade or activities on the greenbelt. Ms. Whyte commended the members of the Committee for their cooperation and efforts towards the 75th Anniversary celebration. There being no further comments, Mayor Wilson declared Oral Communications Closed. ADJOURNMENT Laszlo moved, second by Hunt, to adjourn the meeting until Wednesday, July 25th at 1:00 p.m; to meet in Closed Session. I AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried The meeting adjourned at 12:51 a.m. Approved: ~~~~ Ma or Attest: I Seal Beach, California July 25, 1990 The City Council of the City of Seal Beach met in regular adjourned session at 1:01 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Forsythe, Hastings, Hunt, Laszlo