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HomeMy WebLinkAboutCC Min 1990-08-13 7-25-90/8-13-90 Absent: None Also present: Mr. Nelson, City Manager Mr. Walsh, Assistant city Attorney Chief stearns, Police Department Captain Garrett, Police Department Mrs. Yeo, city Clerk CLOSED SESSION The Assistant City Attorney announced the City Council would meet in Closed Session to discuss pending litigation and personnel matters. It was the consensus of the Council to adjourn to Closed Session at 1:03 p.m. The Council reconvened at 3:21 p.m. with Mayor Wilson calling the meeting to order. The Assistant City Attorney reported the Council had discussed pending litigation, personnel and labor relation matters, and gave direction to their attorneys. I ORAL COMMUNICATIONS There were no Oral Communications. ADJOURNMENT It was the consensus of the Council to adjourn the meeting until Monday,' August 13, 1990 at 5:00 p.m. to meet in Closed Session. The meeting adjourned at 3:23 p.m. / , of the I Clerk and ex-off of Seal Beach Attest: --2f~ '1:. W~ Mayor Approved: Seal Beach, California August 13, 1990 The City Council of the City of Seal Beach met in regular adjourned session at 5:05 p.m. with Mayor ProTem Laszlo calli~g the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Laszlo Councilmembers Forsythe, Hastings, Hunt I Absent: Mayor Wilson Hunt moved, second by Laszlo, to excuse the absence of Mayor Wilson from this meeting. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried 8-13-90 Also present: Mr. Nelson, City Manager Mr. Barrow, Assistant City Attorney Mr. Walsh, Assistant to the City Attorney Mrs. Yeo, City Clerk I CLOSED SESSION The Assistant to the City Attorney announced that the Council would meet in Closed Session to discuss pending litigation, labor relations, and personnel matters pursuant to provisions of the Government Code. By unanimous consent, the Council adjourned to Closed Session at 5:07 p.m. and reconvened at 7:09 p.m. with Mayor ProTem Laszlo calling the meeting to order. The Assistant City Attorney reported the Council had discussed the items previously announced and that no action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the meeting at 7:11 p.m. the Approved: I Attest: Seal Beach, California August 13, 1990 The City Council of the City of Seal Beach met in regular session at 7:12 p.m. with Mayor ProTem Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Laszlo Councilmembers Forsythe, Hastings, Hunt Mayor Wilson Absent: Laszlo moved, second by Forsythe, to excuse the absence of Mayor Wilson from this meeting. I AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried Also present: Mr. Nelson, City Manager Mr. Barrow, Assistant city Attorney Mr. Jue, Director of Public Works/ city Engineer Mrs. Yeo, City Clerk 8-13-90 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: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried PRESENTATIONS Southern California Edison ComDanv Mr. Mike Martin, Southern California Edison Company, announced that he would no longer be serving as the liaison between Edison and the city, and expressed appreciation to the Council, City Manager, and City staff for the cooperation he realized while working with this community. Mr. Martin introduced Mr. Jerry Dominguez who would be assuming the liaison position, having twenty years of experience and a resident of Seal Beach. The Council extended appreciation to Mr. Martin and welcomed Mr. Dominguez. Hot Line of Southern California Ms. Linda Anderson, Executive Director of Hotline of Southern California, said that the Hotline has been based in Los Alamitos for approximately seventeen years, that they receive about two thousand calls per month, the majority of which are from children, teenagers, and seniors with problems ranging from suicide, loneliness, depression, isolation, etc., also that their group visits the schools to speak with the youth as well as small children to make them aware there is a safe place if needed. Ms. Anderson said she wished to make the Council and community aware of their services, and to seek direction as to whether it would be appropriate to request funding from the city at a future time. She explained that their program is funded by united Way, by the City of Los Alamitos until this year when financial shortcomings were realized, by Mildred Jones prior to the Casa Youth Center, through BUD, individual cities, Monte Carlo Night, and private donations. Mayor ProTem Laszlo asked that the Hotline submit a budget, funding sources, and specifics of the program should funds be requested in the future. Councilmember Hastings suggested that donations from private sources and from local organizations could be solicited through the local newspapers. Ms. Anderson expressed appreciation for the opportunity to address the Council regarding the Hotline services. PROCLAMATION Mayor ProTem Laszlo proclaimed August 18th, 1990 as "Volunteer Firefighter Recognition Day." captain Joe Kalmick accepted the Proclamation on behalf of the twenty- seven local Volunteers and more than six hundred Volunteers in the County with appreciation. Members of the Council commended the Volunteers for their services and benefit to the community. PUBLIC HEARING - APPEAL - VARIANCE 8-89 - 101 MAIN STREET - WATSON The city Manager reported that Mr. watson has requested that the appeal be carried over until February, 1991. Ms. Geri West, appellant, noted that the Variance was granted I I I 8-13-90 I February 21, 1990, a hearing on the appeal was held on March 26th, postponed until April 23rd, then June, and this date, and stated her objection to further continuance. She requested a motion for summary resolution and judgment, procedurally due to unfair prejudice, delay, lashes and undue hardship, which will allow her to win both substantively and procedurally when she goes to Superior Court. The city Attorney advised that the Council would have the option to either approve or deny the request for continuance, that at the present time there is no injustice since the subject of the variance remains status quo. The city Manager offered that he believed the applicant is attempting to resolve his storage and parking situation through a tenancy, which is understood to be expiring in January and if not renewed, that area could be utilized for storage. Ms. West charged that the Variance does not meet the requirements of law in that there are no special circumstances applicable to this property, therefore would be a special privilege, that M-1 zoning was used to determine the requirement for one-half of a parking space yet the property is zoned commercial, that the motion to approve the Variance was invalid as it had been stated that there was no additional parking required for the additional square footage since it was to be used for storage. Staff explained that Planning Commission approval of a variance is not required to be forwarded to the Council for consideration, reported there is an assumption that this request for variance may be withdrawn, and that the applicant can not proceed to construct the additional square footage while the variance is under appeal. Discussion followed. I Councilmember Hastings moved to continue the public hearing to consider the appeal of Variance 8-89 until the regular meeting of September 24th. Councilmember Forsythe asked that the Council be provided with any additional information, that Mr. Watson be notified of the continuance, and seconded the motion. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried ORDINANCE NUMBER 1311 - CITY COUNCIL COMPENSATION Ordinance Number 1311 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO COUNCILMANIC SALARIES AND AMENDING THE SEAL BEACH MUNICIPAL CODE." By unanimous consent, full reading of Ordinance N~er 1311 was waived. Laszlo moved, second by Hastings, to adopt Ordinance Number 1311 as presented. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I RESOLUTION NUMBER 3952 - CABLE COMMUNICATIONS POLICY ACT Resolution Number 3952 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, URGING THE CONGRESS OF THE UNITED STATES TO REVISE THE CABLE COMMUNICATIONS POLICY ACT OF 1984 AND EXPRESSING GENERAL CONCERN ABOUT THE NEED FOR GREATER LOCAL GOVERNMENT REGULATORY AUTHORITY." By unanimous consent, full reading of Resolution Number 3952 was waived. The city Manager noted the Council had been provided with considerable information from the cable industry and a packet from General Telephone, and pointed out the recommendation that staff be directed to obtain further 8-13-90 information as to what GTE has identified as the needs of the community, how those needs are proposed to be met, how their service is to be regulated, and the price to the community for those services. He explained that the existing franchise with Comcast would continue to exist however GTE would become a competitor of Comcast, that theoretically another cable operator has the option of coming into the City however they do not for reasons of market penetration and capital costs. He added that where telephone companies are currently prohibited from entering the cable industry, it would be economical for them to enter that market as they have communication lines throughout the cities that can be converted to video, and with fibre optics would be able to offer an expanded service. Mr. Nelson said that would not affect the Comcast franchise fees directly, however the revenue base would change, which is the basis for the franchise fee, and although GTE has indicated willingness to pay a franchise fee, it is understood the fee would be based upon their total communications operation. He noted the concern of the regulatory community and cities is that the telephone companies could possibly subsidize the cable service through their telephone operations, and that cities would not have the ability to audit their activities. Mr. Tom Facon, GTE District Manager, said it was his understanding that the House Committee had approved the subject legislation with regard to reregulation but without telco entry, and that the Senate Committee passed legislation to the floor with respect to telco entry for provision of video dialtone, which would mean a telephone company would be the carrier of the video signal yet another cable company would program the video signal. The city Manager pointed out that there is a competitive cable industry without the telephone companies, that capital costs are considered a significant factor, also that denial of a franchise renewal to Comcast under current regulations would need to be based on specific service related problems. Mr. Facon acknowledged this to be a complicated issue, yet would essentially be a matter of installing a fibre optics network throughout the country, a system that has tremendous capacity, and although the cost of fibre cable is considerably higher than copper, it is felt it will be a break-even operation within a few years, however it is necessary to have federal approval for telephone companies to participate in the cable market. He said they envision nearly every home in the country having a television and telephone which could be used simultaneously and interactively with video services, and it is felt consumer demand will dictate that telephone companies be allowed into the video business for just that reason, and likewise there are cable companies that believe that to be true. Mr. Facon said they recognize the franchise fee issue, and offered that if telephone companies do in fact carry video they should be subject to the same costs as a cable company, that video services would be a separate subsidiary of GTE, that telephone services will continue to be regulated by the PUC, and there will not be cross-subsidies. Mr. David Barford, Vice-President and General Manager of Comcast, said he believed information had been provided the Council regarding cross-subsidization, and stated there is differing opinions within the telephone industry as to whether or not they will be subject to local franchise fee regulations. He stated that the local cable provider has paid nearly a million dollars in franchise fees to date, that another issue to consider is local programming where the broader coverage through the telephone company may not have the commitment to local interests. He pointed out that the operations of Comcast are local, that they plan to stay in Seal Beach and I I I 8-13-90 I their commitment is to the local effort. Discussion followed with members of the Council expressing their views with regard to franchise fees, local programming and funding thereof, competition of the cable market, re-regulation of cable rates, etc. It was suggested that action on this issue be postponed until after consideration at the federal level. Mayor ProTem Laszlo proposed there De a motion to oppose telephone companies entering the cable communications industry. Hunt moved, second by Laszlo, to deny Resolution Number 3952. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo Forsythe Wilson Motion carried RESOLUTION NUMBER 3970 - PUBLIC EMPLOYEES MEDICAL/HOSPITAL CARE ACT - FIXING EMPLOYERS CONTRIBUTION - SWORN EMPLOYEES Resolution Number 3970 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT." By unanimous consent, full reading of Resolution Number 3970 was waived. The City Manager noted this item is the result of the negotiated Memorandum of Understanding with the Police Officers Association, and reflects a change in the employer's contribution. Hunt moved, second by Forsythe, to adopt Resolution Number 3970 as presented. I AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I RESOLUTION NUMBER 3971 - RESIDENTIAL/COMMERCIAL MONTHLY TRASH COLLECTION CHARGES Resolution Number 3971 was presented to Council entitled "A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, INCREASING RESIDENTIAL AND COMMERCIAL MONTHLY TRASH COLLECTION CHARGES TO COVER COST OF ORANGE COUNTY LANDFILL GATE FEES." By unanimous consent, full reading of Resolution Number 3971 was waived. The city Manager presented the staff report and noted the proposed Resolution reflects an adjustment of refuse collection rates due to the increase of Orange County gate fees from $13.75 to $17.29 per ton effective July 1, 1990, and an adjustment for the percentage change in the CPI, 4.9 percent, as authorized by Resolution Number 3866 adopted July 10, 1989. In response to Council, Mr. Nelson stated future costs that may be associated with a recycling program will depend largely upon the type of program the Council may choose. Councilmember Forsythe indicted desire that this item be held over pending receipt of the report on the recycling program and costs thereof. With regard to competitive bids for the recycling program, the Assistant city Attorney advised that a determination is yet to be made as to whether other companies would be considered to provide those services, and recalled that an interested party had addressed the Council in the recent past and was to have provided documents to support his opinion with regard to whether the recyclables are a commodity or trash, and that a claimed exclusivity of the current refuse contract is being reviewed. Mr. George Briggeman, Jr., Vice-President of Briggeman Disposal Services, offered that discussions are ongoing as to the best type of recycling program to present for consideration, and noted it would be unnecessary to have recycling pickups twice per week as is the trash pickup, and that the twice per week service is an issue in itself 8-13-90 deserving discussion. He made reference to the City's requirement to meet the state mandated reduction of waste, which is anticipated will be accomplished through recycling and a composting program, greenwaste constituting twenty- seven percent of the refuse countywide, and noted that their firm has computerized records of the City's waste tonnage by year, month, week, etc., and should the required reductions 1- not be met a $10,000 per day fine would be imposed on the City. Mr. Briggeman described the pilot recycling program in Rossmoor and a City of Los Alamitos program scheduled to commence October 1st, during which they will be compiling data as to the marketability of the commodities and related operating costs, and said it was his opinion that within a few years the legislature will need to create a market for recyclables or they will once again go to the landfills. He explained that a pilot composting program has been initiated by the County where clean greenwaste, which is tree trimmings, grass, leaves, etc. are placed in a separate container, collected, and processed. He noted that if wheeled carts are chosen for the recycling program as opposed to baskets, only one truck would be necessary to collect the rubbish, recyclables, and greenwaste. Mr. Briggeman stated he felt the city is contractually obligated under the terms of the franchise agreement for the CPI increase, however it is the option of the Council to recognize the requested pass-through of the increased gate fees since that is not a specific provision of the franchise. Mr. Briggeman said the rate formula for gate fees is the same formula used by the Orange County Solid Waste Advisory Commission for unincorporated areas, explained that the average residential household disposes of I ninety-eight pounds of rubbish per week, and noted other factors involved in the cost of the service are maintaining specific tonnage records on a daily and weekly basis for' the County and the State, liability and workers comp insurance, administrative costs, etc. Mr. Briggeman reported that the City receives in excess of $100,000 annually from the franchise, a like amount in free trash hauling from the various City facilities, and two clean-up weeks per year at no charge to the citizens. Forsythe moved, second by Hunt, to hold this matter over until the September 10th meeting, and that information relating to the recycling program and costs thereof be provided the Council. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:55 p.m. The Council reconvened at 9:14 p.m. with Mayor ProTem Laszlo calling the meeting to order. RESOLUTION NUMBER 3972 - DESIGNATING APPLICANTS AGENT - NATURAL DISASTER ASSISTANCE Resolution Number 3972 was presented to Council entitled "A I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DESIGNATING THE APPLICANTS AGENT FOR NATURAL DISASTER ASSISTANCE." By unanimous consent, full reading of Resolution Number 3972 was waived. Staff explained that the Director of Public Works/City Engineer or the City Manager would be the authorized designees for the purpose of applying for State and Federal disaster financial assistance. Hunt moved, second by Hastings, to adopt Resolution Number 3972 as presented. 8-13-90 AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I RESOLUTION NUMBER 3973 - PART-TIME JANITOR - HOURLY RATE Resolution Number 3973 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CREATING A HOURLY RATE FOR THE POSITION OF PART- TIME JANITOR." By unanimous consent, full reading of Resolution Number 3973 was waived. Hastings moved, second by Forsythe, to adopt Resolution Number 3973 as presented. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I RESOLUTION NUMBER 3974 - AUTHORIZING MUNICIPAL LEASE and OPTION TO PURCHASE AGREEMENT Resolution Number 3974 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING MUNICIPAL LEASE AND OPTION TO PURCHASE AGREEMENT 1990/91 AND SIGNATORIES." By unanimous consent, full reading of Resolution Number 3974 was waived. The Director of Public Works presented the staff report, described the twelve vehicles subject to the lease/purchase agreement, the vehicles proposed in the adopted 1990/91 budget, stated the anticipated cost is $180,000 at a finance rate of eight percent for a term of four years. He pointed out that the proposed Resolution merely authorizes a mechanism to obtain the funds to purchase the vehicles, that the monies would be held in a trust fund until such time as a request for bids and purchase is authorized, which could be a period of up to six months. Mayor ProTem Laszlo said he would prefer having a list of the vehicles, their proposed use, and estimated cost for each prior to taking action on this item. Discussion followed. Councilman Hunt moved to adopt Resolution Number 3974. Councilmember Forsythe seconded the motion with the understanding that the Council would be made aware of the type of vehicles proposed for purchase. AYES: NOES: ABSTAIN: ABSENT: Forsythe, Hastings, Hunt None Laszlo Wilson Motion carried I RESOLUTION NUMBER 3975 - COMPLETION - PROJECT NUMBER 601 - WATER MAIN REPLACEMENT - ANAHEIM BAY BRIDGE Resolution Number 3975 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 #601 - WATER MAIN REPLACEMENT IN ANAHEIM BAY BRIDGE IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN DRAINAGE CONSTRUCTION CO., INC., AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3975 was waived. Hastings moved, second by Forsythe, to adopt Resolution Number 3975 as presented. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried CONSENT CALENDAR - ITEMS "M" throuah "W" Mayor ProTem Laszlo requested Item "T" removed from the Consent Calendar. Hunt moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar, except Item liT", as presented. 8-13-90 M. Approved regular demands numbered 80291 through 80478 in the amount of $764,216.31, payroll demands numbered 41107 through 41332 in the amount of $316,222.14, and payroll demands numbered 413.33 through 41561 in the amount of $249,294.00 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. I N. Approved the minutes of the regular adjourned meeting of May 21, 1990. O. Approved the minutes of the regular adjourned meeting of May 29, 1990. P. Approved the minutes of the regular meeting of May 29, 1990. Q. Approved the minutes of the regular adjourned meeting of June 4, 1990. R. Received and filed the August 13th report regarding the South Coast Air Quality Indirect Source Rule Development Schedule for fiscal year 1990/91. S. Received the July 20th memorandum from the Orange County Division, League of California Cities, and approved an expenditure of $344 as the City's share of the cost for the Congestion Management Program work effort. Approved renewal of the Animal Control and Shelter Contract with the County of Orange for fiscal year 1990/91. -I u. V. Received and filed the 75th Anniversary Committee update report. W. Accepted the resignation of Mr. Ray Fortner from the Environmental Quality Control Board, District One, with a term expiring July, 1993. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM liT" - MASTER PLAN OF TRANSPORTATION IMPROVEMENTS The Director of Public Works presented the staff report and explained that as a result of the half cent transportation initiative on the November 1989 ballot, there was a requirement to develop a 20-year Master Plan of Transportation Improvements, that the Orange County I Transportation has again taken action to place the measure . on the 1990 ballot, and that the Orange County Division of the League is requesting each city to review the list of transportation improvements to determine if the list is complete and represents viable projects for funding by the proposed sales tax. In response to questions of council, the Director said project six, the extension of Edinger Avenue from the east city limit to Pacific Coast Highway, was not necessarily thought to be in the best interest of the city, that project nine relates to development proposals for the Hellman property where First Street would be 8-13-90 I extended to Westminster Avenue, project eight being a possible extension of Studebaker Road through Long Beach and intersecting with First street, and advised that projects one and two, maintenance and reconstruction of Bolsa Avenue and Lampson Avenue, have been completed. Mr. Charles Antos, 17th street, spoke in support of removing the Edinger Avenue extension project, which he said was a proposal in the Orange County Transportation Plan many years past and related to a Pacific Coast Freeway proposal, also projects eight and nine should be removed since the circulation Element has been amended during the Mola considerations and that those projects would most likely be inconsistent with the wetland uses identified by the Coastal Commission. Staff explained that funding for the listed projects would not be realized until application is made, and it is foreseen that only about twenty percent of the additional tax would be realized locally. Mr. San Filippo, Avalon Drive, objected to consideration of extending First Street to westminster Avenue. After some discussion, Hunt moved, second by Hastings, to approve the project list with the deletion of project six, the extension of Edinger Avenue. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I COMMUNICATION - ARCHAEOLOGICAL CONCERNS The City Attorney advised that the Archaeological Test Report, 1981, the Archaeological Survey Report, 1980, and the Redwine Manuscript of 1952, as previously requested by the Council, have been received from UCLA and USC respectively, however some of the documents did not contain data that a member of the community had been seeking. Ms. Moira Hahn requested the Council consider appointing a citizens task force to formulate an archaeological element for the General Plan, the task force to confer with the Gabrielino Indians and other appropriate groups, with a final report presented to the Council. She volunteered to serve on the task force. Hastings moved, second by Forsythe, to appoint a Citizens Archaeological Task Force to consist of five members, or no less than three, to develop an Archaeological Element for the General Plan to be presented to Council and subsequently go through the public hearing process. Mayor ProTem Laszlo recommended the Task Force present their report within a three month period. AYES: NOES: ABSENT: Forsythe, Hastings, Laszlo Hunt Wilson Motion carried I Ms. Hahn said that the Archaeological Survey Report received by the City Attorney was not felt to be complete, and asked that the City Attorney be directed to subpena the intact reports. She requested that additional documents be obtained, the Pacific Coast Archaeological Society site Survey Records for CA-Ora-264 and CA-Ora-265, and the U.S.G.S. map showing the location of the thirteen registered archaeological sites that have been found on the' Hellman property. Ms. Hahn noted the Redwine report received from LSA had an archaeological site map attached however the original of Dr. Rozaire had no map and a notation on page thirty stated there were no maps, figures, or illustrations included with the report, therefore requested that the City Attorney determine if the map was in fact part of the Redwine report. The Assistant City Attorney confirmed that the map had not been included with the report from Dr. Rozaire, and offered that other than retaining UCLA to 8-13-90 prepare a bibliography, which would be a complete listing of documents concerning the site, it is uncertain as to how the authenticity of the report could be confirmed. He suggested that a bibliography may be the least expensive source for identifying documents and information, offered that UCLA has been cooperative in providing the information requested, and noted there were two figures mentioned at the end of one of the reports from UCLA, Figure 2 being a reconnaissance map and Figure 10 being a map of the subject area, and that staff may have copies of those maps attached to the 1981 EIR prepared by Ultra Systems for the Ponderosa project. Members of the Council suggested that the documents be subpoenaed if necessary, and that the cost and time frame to obtain a bibliography be obtained. Dr. Gary Stickle, Los Angeles, said he felt there is a need for a professional archaeologist to go to UCLA, review and obtain accurate documents, charged that information from that facility is often censored and students are typically the research persons. Discussion followed with regard to retaining Dr. Stickle to do the research and obtain the documents, the time frame, costs involved, etc. Dr. Stickle confirmed that a letter of authorization from the City would be necessary, noted there is always concern that the information may fall into the hands of someone who could vandalize the sites, therefore the preference to have the research done by a professional. I Mayor ProTem Laszlo moved that the documents requested be subpoenaed. The Assistant City Attorney offered that the documents could be obtained by subpena, that the request would need to be specific, yet it is not known what documents actually exist, and explained that UCLA requires execution of a confidentiality agreement when such documents are obtained as an attempt to ensure they will not become pUblic and that specific site locations are not distributed. He suggested the Council may wish to request a proposal from Dr. Stickle to do this research. Discussion continued regarding the confidentiality issue. Mayor ProTem Laszlo withdrew his motion, and Dr. Stickle was invited to submit a proposal to do the document research, to possibly be considered at the September 10th meeting. I APPOINTMENTS - BOARDS and COMMISSIONS Citizens ParticiDation Committee The District One appointment to the Citizens Participation Committee was held over. Civil Service Board Hastings moved, second by Forsythe, to approve the appointment of Ms. Norma Strohmeier to the Civil Service Board from District One for the unexpired term ending July, 1991. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried 1 75th Anniversarv Committee Councilman Hunt reported the two District Five appointees are now available to attend the 75th Committee meetings therefore he would not appoint an alternate until deemed necessary. Housina Element Review Committee The District Three appointment of an alternate to the Housing Element Review Committee was held over. 8-13-90 Laszlo moved, second by Forsythe, to approve the appointment of Ms. Cindy Powers as the alternate representative to the Housing Element Review Committee from District Four. I AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried The District alternate to over. Five appointment of two representatives and one the Housing Element Review Committee was held Hellman SDecific Plan Committee Members of the Council expressed their views and discussed at some length the district representation on the Hellman Specific Plan Committee, three appointments by District One, six by District Three, and two each by Districts Two, Four and Five. Councilmember Hastings appointed Ms. Moira Hahn, Mr. Joseph st. John, and Ms. Reva Olsen. The appointments of District Two were held over. Councilmember Forsythe appointed Mr. Matt Mikkelsen, Mr. Robert Thornburg, Mr. Galen Ambrose, Mr. Damon Swank, Ms. Joyce Risner, and Mr. Edward Hirsch. Mayor ProTem Laszlo appointed Mr. David Hood and Mr. Scott Whyte. I The District Five appointments were held over. VOTING DELEGATE - LEAGUE OF CALIFORNIA CITIES CONFERENCE It was the consensus of the Council to hold over appointment of the delegate and alternate delegate to the League of California Cities Conference to be held in October. I BROWN ACT - PUBLIC HEARING REOUIREMENTS/ORAL COMMUNICATIONS TIME LIMIT Councilmember Hastings made reference to a recent action by the legislature relating to the State budget whereby local governments would no longer be funded for expenses incurred for posting agendas three days before a public meeting and further, removed a mandate that local governments set aside time for public comments, also reference to Assembly Bill 4242 where if passed, all local governments would be mandated to bring their General Plans into conformity with the State of California General Plan. Councilmember Hastings moved that the City Attorney draft a resolution setting forth this city's noncompliance with the new State law to remove setaside time for public comments. The city Manager explained that the action taken by the legislature was basically to delete the requirement for the State to reimburse cities for additional expenses incurred, that the League of Cities has recommended that cities continue the seventy-two hour posting of agendas and provision for public comment, and pointed out that Seal Beach has an adopted meeting procedure that provides for oral communications which the Council can continue to follow. Considerable discussion followed. Mayor ProTem Laszlo seconded the motion. The Assistant City Attorney explained that interpretation of the action of the legislature is unclear, and suggested that the motion be amended to include the posting of agendas seventy-two hours prior to a meeting for the benefit of the public. The author and second of the motion agreed to include the recommendation of the City 8-13-90 Attorney. The Assistant city Attorney said a resolution would be drafted for consideration of the council pursuant to the motion as amended. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried DISCUSSION - HOUSING ELEMENT Councilmember Forsythe cited the possibility that the recently revised Housing Element may be ruled invalid, and stated upon review of the General Plan she found that various elements have not been updated to comply with State regulations and local conditions for a number of years. Councilmember Forsythe requested that a moratorium be placed on any specific plans or major development proposals being brought to the City until such time as the General Plan has been updated. She said her concern is that figures have Deen applied to the Housing Element that could be more appropriately applied to cities other than a coastal community with limited land resources and high land values. The City Attorney advised that could be accomplished by adopting an urgency ordinance approved by four members of the council, or the matter could be placed on a future agenda for consideration, and noted that land use issues would require hearings before the planning Commission and City council unless adopted as an urgency measure. Councilmember Forsythe said her preference would be that the General Plan be updated before future developments are proposed in order to avoid a situation similar to the recent denial where the two elements that were the most significant to that action had not been updated for a considerable period of time. Councilman Hunt acknowledged the concern with regard to seismic issues, statistical data, and overall updating of the General Plan, however stated his focus has been directed to fiscal concerns where, if action is not taken in the near future regarding revenues and expenditures, he would predict bankrupcy within two to three years, therefore he would request some time to consider the General Plan proposal. After further discussion, the Assistant City Attorney recommended that this item be placed on a future agenda for discussion and action, and as mentioned by Council, suggested that alternative language to placing a moratorium could be to temporarily delay submission of specific plans, also pointed out that the processing of a specific plan typically takes a year, therefore there would be time to focus on updating the elements before the Council would need to make decisions as to the merits of a specific plan. The City Manager projected a minimum of six months to complete an update of various General Plan Elements. Discussion continued. It was the order of the Chair, with consent of the council, to declare a recess at 11:26 p.m. The Council reconvened at 11:39 p.m. with Mayor ProTem Laszlo calling the meeting to order. Councilmember Forsythe moved to place consideration of updating the elements of the General Plan and possible suspension of receiving specific plans on the agenda for the September 10th meeting. Councilman Hunt seconded the motion. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None wilson Motion carried I I I 8-13-90 I RESOLUTION NUMBER 3976 - SUPPORTING SENATE BILL 1785 CKOPP and MARKSI - CHARTER INITIATIVES Mayor ProTem Laszlo spoke in support of simplifying the charter initiative process which, through Senate Bill 1785, would delete the petition signature requirement that is presently based upon the total number of registered voters of the city as determined by the county clerk's last official report of registration to the Secretary of State and would allow the percentages to be based upon the number of votes cast in the city for all candidates for Governor at the last general,~lection at which a Governor was elected. Discussion followed. Staff explained that at present time the City Charter defers to the California Elections Code for the initiative process. Resolution Number 3976 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SUPPORTING SENATE BILL 1785 (KOPP AND MARKS)." By unanimous consent, full reading of Resolution Number 3976 was waived. Laszlo moved, second by Forsythe, to adopt Resolution Number 3976 as presented. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I CITY COUNCIL ITEMS Councilmember Hastings commended the efforts of the Housing Element Committee as observed by their first meeting, read a letter from Captain Holl in response to her inquiry as to the dimensions of the proposed wharf and resulting reduction of the width of Anaheim Bay, the communication having forwarded a navigation chart and reported the wharf is currently planned to be forty feet in width, half railway and half roadway. She reported receipt of a response from the Attorney General advising that her inquiry had been referred to the Orange County District Attorney for investigation, and in turn read portions of a letter from Wally Wade of the District Attorney's office regarding their intended followup to the allegations regarding Mr. Kim Lockley, to alleged missing personnel documents of Mr. Antos, and threats made to Councilmember Forsythe, and she stated subsequent to that letter a Mr. Erickson advised her that he had been assigned to investigate the Lockley matter. Councilmember Hastings reported receiving two telephone complaints regarding the recent Miller Volleyball Tournament and bikini contest, specifically with regard to rowdy behavior and alcohol related incidents. She stated she had conducted a survey of Main Street merchants as to whether the Tournament was good, bad, or business as usual, the results of which were: three felt the sidewalk sale helped, thirty-one merchants, beverage and restaurant businesses included, said business increased substantially, sixteen businesses lost revenues, seventeen businesses felt there was no change, and the most common complaint of merchants and residents was with congested parking conditions. She offered that arrangements could have been made to utilize the Rockwell parking lot with a shuttle service provided to the downtown area by the sponsor, and reported seven hundred thirty-seven parking citations were issued during the two day period as opposed to two hundred fifty during a normal weekend. Councilmember Hastings pointed out that the City receives no financial consideration from the sponsor for the use of the City's beach, merely reimbursement for City costs. She said she felt the city is giving a mixed message to its youth with the alcohol consumption allowed at certain events yet the Police Department and a community 'I 8-13-90 organization are providing education against drugs and alcohol, and suggested that the city seek sponsors other than alcoholic Deverage companies. She stated that the City of Hermosa Beach has implemented a $1500 per day beach user fee for largely attended beach events and $1000 per day filming fee, that Redondo Beach has recently determined to not co-sponsor any event sponsored by an alcoholic beverage, I and Manhattan Beach holds the same volleyball tournament which generates between $30 to $50 thousand dollars cash plus recovery of city costs, the city in turn allocates those monies to their Recreation Department, and said this is accomplished through sponsors other than an alcoholic beverage. councilmember Hastings said she had been informed that the 75th Anniversary Committee was denied the opportunity to sell tee shirts at the Tournament for the reason that it could conflict with the sale of Miller Beer wares, then questioned the city allowing the merchants to hold a sidewalk sale. Councilmember Forsythe concurred that an inflated beer can symbol on the beach does seem to send a mixed message to the youth, offered to provide statistics regarding alcohol related incidents and costs, noted the efforts of organizations such as CARES to combat drug and alcohol problems, and suggested that a change of the social norm is called for. She indicated concern that she has not been receiving all of the information necessary to make decisions as a Councilmember, stated it is difficult to discuss an issue with a citizen when it appears they have information prior to or more than the member of the Council, and suggested that a program be implemented to identify concerns, phone calls, memorandums, etc., that can be provided to each member of the Council at least once per week. Councilman Hunt inquired if it is possible to obtain I a sponsor, other than an alcoholic beverage company, for the beach volleyball event so that the City would realize the same advantages without the disadvantages that there appears to be. The City Manager responded that the promoter of mens pro beach volleyball has a contract with Miller Beer and are involved with those tournaments throughout the nation, that womens pro volleyball have yet to develop a sponsor list, noted that sponsors of most of the large athletic events are alcohol companies with other sponsors traditionally taking a minor roll, and acknowledged that the City has not asked the promoters to provide a different sponsorship. He noted that although the Seal Beach application fee is considerably less than those mentioned, the city does recover full costs, and recalled that when staff proposed there De a full cost use fee for all beach events, it did not receive a positive reaction from the Council, and had strong objection from United way for one. With regard to parking and traffic problems relating to the recent tournament, he said staff had felt that there would be less attendees given the activities that were being held simultaneously in adjacent communities therefore provision for special parking had not been requested, however the result was not as anticipated. The city Manger noted that beach clean-up and policing of the area had been good, that the staff has been of the I opinion that this City can not absorb or control ten . thousand people that may have been drinking, therefore it has been indicated to the promoters that this may be the last year of the Miller Beer sponsored event. with regard to City liability, the Assistant city Attorney offered that it is possible that someone could claim that the City has a duty to assure that no one who has been drinking is allowed to operate a vehicle. The City Manager reported there has been no experience of the tournament attendees having an impact on lifeguard beach safety operations, and that there will be a meeting of staff to critique the recent event. 1....1', 8-13-90 I Mayor ProTem Laszlo made reference to a recent Planning Commission discussion regarding Rossmoor Center and noted that since the time of new ownership there have been a number of vacancies and a new office building, and requested that the Planning Commission and staff move forward to initiate a method to insure that there will be seventy-five to eighty percent retail use with possibly twenty to twenty- five percent office use for shopping centers over two acres. I ORAL COMMUNICATIONS Mayor ProTem Laszlo declared Oral Communications open. Mr. Carl SanFilippo, Avalon Avenue, relayed his complaint regarding low flying jet aircraft over the City, specifically Alaskan Airlines, outside the normal flight paths, which he claimed poses a potential hazard. Mayor ProTem Laszlo suggested that a resolution be prepared addressing this problem, citing violations and potential dangers to be forwarded to the FAA, Mayor of Long Beach, and Airport commission. Mr. San Filippo read a news article regarding redevelopment agencies, a means of circumventing Proposition 13, and suggested the Seal Beach Redevelopment Agency be dissolved. Dr. George Telford, Medinac Lane, spoke regarding recent letters to the editor regarding salaries of city staff, and expressed his view that compensation of staff is too high. It was explained that one letter had referred to compensation which included all benefits, the other had been only base salary. Mr. Galen Ambrose, Seal Beach, claimed the Pet Store was forced out of the Rossmoor Center as a result of the lease not being' , renewed, and said that the Center should be watched especially with Bixby proposing a similar development across Seal Beach Boulevard. Mr. Ambrose reported Mola Corporation has appealed the decision on their development approvals to the Court of Appeals, that the Wetlands Society intends to fight the appeal, and requested that the City split the costs associated with the appeal, approximately $5,000. Mr. Bruce Stark, stated the figures contained in the letter he submitted to the newspaper were based upon a recently approved ReSOlution, referred specifically to the salary of the Police Chief, and claimed his position is that the administrative staff is not looking out for the employees. He objected to the Miller Volleyball Tournament, citing drunk driving, trash, traffic, parking, and noise as some of his concerns, and suggested the Finance Director could most likely provide an accurate cost to the city for this activity. Mr. Stark charged that the City administration is incompetent and indifferent, should be called upon to resign, and that the ordinary employee can not afford to live in town as a result of their salaries. Ms. Beverly Casares, Seal Beach, agreed that there is a concern for the financial status of the city, said Hennessey's and Clancy's did an exceptionally good business as a result of the Volleyball Tournament, charged that Hennessey's owes $9200 for in-lieu parking, is being allowed to make payments on that amount, and recommended this matter be considered by the Planning Commission and they be required to make payment in full. She objected to the requested increase of rates by the trash contractor except for the CPI adjustment, stated there is no mention of recyclable commodities in the trash contract, and there should no cost to the City for recycling services that could be had for free. Ms. Casares referred to the vehicle lease/purchase financing plan proposed by the Public Works Director, those monies proposed to be placed in a trust account until used, however stated she heard a comment of the Finance Director that the City receives no more than passbook account interest. She claimed that when the Watson variance was heard by the Planning Commission all I 8-13-90 of the variances for that property had not been made available to them, and stated if the commission and council had a complete property profile of the previous special approvals, she felt certain the appeal would not have been continued. Ms. Casares concluded that if the citizens were aware of the games played by the department heads under this city Manager they would demand full resignation, claimed the head of the Recreation Department is never there, and said the Council should direct all administrative staff to be I present during working hours for availability to the pUblic, be responsible and accountable. Mr. Mario Voce, Catalina Avenue, inquired about the procedure to call an EQCB meeting, speci~ically with regard to the proposed Navy modernization. The city Manager responded that a meeting may be called upon majority request of the Board, by the Chair, or for any item requiring EQCB review, and noted that although the Board could discuss the Anaheim Bay modernization, only preliminary information on the proposal has been received thus far. Mr. Joe orsini, Ocean Avenue, spoke in support of the Miller Volleyball Tournament, said it was very well handled, and that most of the drinking occurred at night at private residences and apartments. Ms. Sue Corbin, Seal Beach, asked how requests for documents can be expedited, and advised of her desire t~ obtain records from the Finance Department. The city Manager said he had knowledge of Ms. Corbin requesting records of what had been paid the San Diego Regional Training center, however it was his understanding that the Finance Department was unable to identify what was actually being requested. He explained that the Regional Training Center is a governmental agency, a joint powers agency created by fourteen cities in the County of San Diego to provide training to local governments, those programs now used throughout the State, and they are a contractor to the California Peace Officers I Standards and Training Commission. He acknowledged that his wife is the Executive Director, that the City has contracted through the Center for training consultants, a recent session held for eighteen City supervisors, or the Center can be used for POST training either individually or in groups, that the City can either pay for the Police Officer's training or it can be paid by POST directly. Mr. Nelson stated he realizes no direct benefit from training sessions conducted by the Center. Mr. Charles Antos, 17th Street, expressed his objection to large events such as the Volleyball Tournament and the impact on parking. He claimed the first Tournament held in Seal Beach was advertised prior to the then City Manager announcing the event, that it is still here, still causing problems, a cost to the City and inconvenience to the people, and said there is no reason for the event to continue, yet if considerable revenue were generated to the City the citizens may not mind the inconvenience. Mr. Antos referred to the letter mentioned from the District Attorney's office, claimed that a lawsuit was filed in a discrimination case however subsequently dropped, and that he felt confident the District Attorney will take no action on the issues submitted. Mr. Galen Ambrose stated he had been rather ambivalent to the Volleyball Tournament, yet he did not feel drinking should I be promoted in the community whether or not there have been problems. Mr. Ambrose claimed that in an attempt to arrange for use of the Mary Wilson Library by the Wetlands society the Recreation Director had been uncooperative and rude to the representative of the Society. Ms. Corbin said the Director had been rude to three different women, however not to a subsequent male caller, and offered that the Wetlands Society is non-profit and not a political group as had been alleged. There being no further comments, Mayor ProTem Laszlo declared Oral Communications closed. 8-13-90/8-27-90 ADJOURNMENT Hunt moved, second by Forsythe, to adjourn the meeting at 1:18 a.m. I AYES: NOES: ABSENT : Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried Approved: C1ty Cl rk and ex-off c City Seal Beach d~~44r the Attest: I Seal Beach, California August 27, 1990 The city Council of the city of Seal Beach met in regular session at 7:03 p.m. with Mayor ProTem Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Laszlo Councilmembers Forsythe, Hunt Absent: Mayor Wilson, Councilmember Hastings Hunt moved, second by Forsythe, to excuse the absence of Mayor Wilson and Councilmember Hastings from this meeting. AYES: NOES: ABSENT: Forsythe, Hunt, Laszlo None Hastings, Wilson Motion carried Also present: Mr. Nelson, City Manager Mr. Barrow, Assistant city Attorney Mr. Archibold, Assistant to the city Manager Mr. Whittenberg, Director of Development Services Mr. Osteen, Recreation Director Ms. McGlynn, Recreation Supervisor Mrs. Yeo, city Clerk I WAIVER OF FULL READING Forsythe moved, second by Hunt, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: ABSENT: Forsythe, Hunt, Laszlo None Hastings, Wilson Motion carried