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HomeMy WebLinkAboutCC Min 1990-10-08 10-2-90/10-8-90 Seal Beach, California October 2, 1990 I The City Council of the city of Seal Beach met in regular adjourned session at 4:05 p.m. with Mayor ProTem Laszlo calling the meeting to order with the Salute to the Flag. ROLL CAT.T. Present: Mayor ProTem Laszlo Councilmembers Forsythe, Hastings, Hunt Mayor Wilson Absent: Forsythe 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 Also present: Mr. Barrow, Assistant City Attorney Mr. Walsh, Assistant to the City Attorney Mrs. Yeo, city Clerk I CLOSED SESSION The Assistant City Attorney announced the Council would meet in Closed Session to discuss a personnel matter and time permitting, pending litigation in the matter of Mola Corporation versus City of Seal Beach. By unanimous consent, the Council adjourned to Closed Session at 4:07 p.m. The Council reconvened at 5:23 p.m. with Mayor ProTem Laszlo calling the meeting to order. The city Attorney reported the Council had met in Closed Session to discuss the matters 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 5:25 p.m. Attest: c)ty lerk and ex-offici lli of Seal Beach ~C.""i;T~~ of the Approved: I Seal Beach, California October 8, 1990 The city Council of the City of Seal Beach met in regular session at 8:25 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. 10-8-90 ROLL CALL Present: Mayor Wilson Councilmembers Forsythe, Hastings, Hunt Absent: Councilmember Laszlo Hunt moved, second by Wilson, to excuse the absence of Councilman Laszlo from this meeting. I AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Wilson None Laszlo Motion carried Also present: Mr. Nelson, City Manager Mr. Barrow, Assistant City Attorney Mr. Whittenberg, Director of Development Services Chief Stearns, Police Department Officer Castagna, Police Department Mr. Jue, Director of Public Works/ City Engineer Mr. Archibold, Assistant to the City Manager Mrs. Yeo, City Clerk WAIVER OF FULL READING Forsythe moved, second by Wilson, 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, Wilson None Laszlo Motion carried I PRESENTATIONS 75th Anniversarv steerina Committee Ms. Dorothy Whyte, Chairman, introduced the members of the steering Committee and recognized representatives of local businesses and organizations for their efforts in support of the 75th celebration. Mr. Ace Yeam reported the fund raising efforts have been successful and will continue through the celebration, that it appears all expenditures will be met and it is anticipated there will be adequate funds to repay the front monies provided by the city. He expressed appreciation to the local businesses that have been supportive through their sponsorships. Ms. Emily Allebaugh Frazier introduced Seal Beach Lioness, Ms. Ellen Campbell Liebherr, Dinner/Dance Chairman, who extended an invitation to all to attend the October 26th party. Ms. Frazier likewise encouraged attendance at the dinner/dance, she also noted as a point of historical background that upon incorporation of the city, having a population of two hundred fifty persons, a party was held on October 26th, 1915 at the Jewel Cafe with an attendance of five hundred persons, the half million dollar cost of which was paid by P. H. Stanton. Mr. Scott Newton, Parade Chairman, reported participation of many persons and groups in the parade portion of the festivities, and announced the Grand Marshalls of the Parade, Ms. Norma Pranter, resident since 1919, and Mr. Frank Curtis, resident since 1912. Ms. Nancy Grgas described the street fair to be held on the Electric Avenue Greenbelt as including game booths, pony rides, a dunk tank, food booths, beer garden, live music, clowns, a visit from a teenage mutant ninja turtle, the Boy Scouts to I 10-8-90 I provide on-going cleanup, and a parking area with shuttle service. Ms. Barbara Wright reported that at the conclusion of the parade a program will be held featuring the Los Alamitos Jazz Band, dignitaries, presentation by the 3rd grade essay contest winners, and the first official visit by the Governor and representatives of the City's sister city, Todos Santos, as well as La Paz, Baja Sur. Ms. Barbara Rountree announced that an authentic, restored P. E. Red Car on wheels would be offering rides within the City for the entire day, and Chairman Whyte added that the anniversary celebration would be concluded with a fireworks show off of the beach. I, Police DeDartment - Gana Activitv Councilmember Forsythe stated that in view of a recent incident in the City of Los Alamitos, the Police Department was requested to make a presentation at this meeting in an attempt to enlighten parents and the public as a whole with regard to gang activity. Chief stearns confirmed a growing concern regarding gang activities in this and surrounding communities, and introduced Detective Castagna who works closely with the School District, CARES, and other service organizations, and Officer Papp, who conducts the SANE program. Detective castagna said gang activity in Seal Beach has not yet reached a level where it can not be corrected, yet the gang that is recognized locally is Varrio Los Alamitos and has existed for about two years. Detective Castagna presented a video depicting a young boy attempting to become a gang member, ending in tragedy. He suggested the need for parents to be cognizant of the actions and activities of their children, explained the significance of graffiti which marks gang territory, boasts existence and identity of the gang and its members, challenges other gangs, and offered that parents should be alert to graffiti on literature, books, walls, and clothing. He noted the colors of the local gang is black and white, loose fitting pants, Raiders jackets, hats worn backwards, hair combed back, and even though the Los Alamitos gang is basically Latino oriented in talk and actions, it is a non-ethnic gang. Detective Castagna reported the Department is working closely with the Los Alamitos School Board, staff members and parent groups, also that the CARES group is assisting with drug and gang related problems. He suggested that anyone with knowledge of a young person that may be at risk call either himself of Officer Papp. Officer Papp likened the video to the recent Los Alamitos incident even though the weapon was different, and said the identities of the Seal Beach participants are known. He pointed out that gangs usually leave there mark when the come into the City, establish territory through graffiti, and asked that the Department be notified when graffiti observed. He said many youth are joining gangs because it is the in thing to do, that as a group they have a high self-esteem as a result of gang support, yet the opposite is true when they are not in the group situation. Officer Papp made reference to the substance abuse/drug program established last year for the fourth grade class at MCGaugh School, funded through donations and special programs, which has now been expanded to the fifth grade and a gang curriculum added, the program designed to teach responsible citizenship, dynamics of cultural diversity, choices and consequences, refusal skills, success and achievement. He too cautioned against the wearing of gang related colors, and noted that the Los Alamitos School District now has a strict dress policy as well as drug and alcohol regulations. Pointing out the ease in which young people are attracted to gang activities, Officer Papp stressed the attempt of the education program I 10-8-90 to be effective and present positive peer pressure. In response to questions posed by the Council and the audience, the Officers explained that the wearing of particular gang colors does not necessarily conclude that an individual is associated with a gang, yet when there are a number of youths in a group wearing the same clothing and/or colors it is customary policy for the officers to investigate, that approximately fifty gang members in Los Alamitos and Seal Beach are identified, fifteen of which are residents of Seal Beach. They acknowledged that there is increased gang activity from outside the community, that there is on-going contact with gang officers in other jurisdictions, again stressed the need for the public to report graffiti, and reported a gang focused meeting held at the end of the school year was targeted towards parents of youth thought to be at risk, and it appears that meeting had positive results. It was noted that the VLA gang was not a concern six months ago, however given their recent actions they have now become a threat, predicted that incidents such as that in Los Alamitos will continue, there will be retaliation and escalation if unchecked. The Officers explained that an expressed interest is the only basic criteria to become a VLA gang member at this point, the initiation process consisting of a beating by one or more of the members, the age of the gang leaders range from late teens to early twenties, yet membership of younger youth is promoted. The Chief pointed out that in the past most problems have been the result of gangs from outside the City coming to neutral turf in Seal Beach, yet the problem is becoming local, where youths want to emulate gang members that have become their heros, and reported on the evening of the Los Alamitos incident individuals stopped in a car admitted they were looking to retaliate. Officer Papp added it is known that certain persons involved in the Los Alamitos incident are being hidden by their families in Central California. The Officers reported that the courts and the District Attorney's office recognize the seriousness of this problem and if a person is known to be a gang member the penalty will be more severe, also confirmed that a person could become a gang target simply by wearing a particular gang clothing. A member of the audience offered that the root of the problem is parents being aware of the behaviors and activities of their children, that there is a need for strong family support, and that resolution of this problem requires the involvement of all members of the community. The Council expressed appreciation to the Police Department for their informative presentation. PROCLAMATIONS Mayor Wilson declared the week of October 21st through October 28th, 1990 as "Red Ribbon Week." Councilmember Forsythe requested that all City employees display a red ribbon on the antenna of their vehicles in recognition of Red Ribbon Week, a commitment to a drug-free and alcohol abuse-free community. The week of October 7th through October 13th was declared "Navy Birthday Week" by Mayor Wilson. RESOLUTION NUMBER 3985 - DENYING VARIANCE - 101 MAIN STREET -WATSON Resolution Number 3985 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REVERSING THE RECOMMENDATION OF THE PLANNING COMMISSION AND DENYING A REQUEST FOR A PARKING VARIANCE FOR PROPERTY LOCATED AT 101 MAIN STREET." By unanimous consent, full reading of Resolution Number 3985 was waived. Councilmember I I I 10-8-90 I Hastings moved to adopt Resolution Number 3985. Councilman Hunt seconded the motion, however stated he disagreed with the variance denial for the reasons he had previously stated. Councilmember Forsythe noted she would again abstain from voting on this item as she had participated in the Planning commission action, and Mayor Wilson said she would do likewise since she was absent during the public hearing. AYES: NOES: ABSTAIN: ABSENT: Hastings Hunt Forsythe, Wilson Laszlo Motion failed Mayor Wilson moved to refer this matter to staff to develop a Code amendment to address the addition of storage space and exemption from parking requirements. The Assistant City Attorney clarified that a Code amendment would require public hearings before the Planning commission and City Council, and offered that it would be an option of the Council to continue consideration of the Resolution until next meeting. Discussion continued. Mayor Wilson withdrew the motion. Wilson moved, second by Hunt, to continue consideration of Resolution Number 3985 until the November 13th meeting. AYES: NOES: ABSTAIN: ABSENT: Hastings, Wilson Hunt Forsythe Laszlo Motion carried I RESOLUTION NUMBER 3986 - MAIN STREET/PACIFIC COAST HIGHWAY - CLOSURE OF TURNPOCKETS - SIDEWALK SALE Resolution Number 3986 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CLOSURE OF THE NORTH AND SOUTH BOUND TURNPOCKETS LOCATED AT THE MAIN STREET/PACIFIC COAST HIGHWAY INTERSECTION." By unanimous consent, full reading of Resolution Number 3986 was waived. Forsythe moved, second by Hastings, to adopt Resolution Number 3986. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Wilson None Laszlo Motion carried CONSENT CALENDAR - ITEMS "G" throuah "R" Councilman Hunt requested Item "P" be removed from the Consent Calendar. Hastings moved, second by Wilson, to approve the recommended action for items on the Consent Calendar, except Item "P", as presented. G. Approved regular demands numbered 81075 through 81227 in the amount of $378,399.06 and payroll demands numbered 42416 through 42603 in the amount of $209,078.89 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. I H. Approved the minutes of the June 25, 1990 regular adjourned meeting. I. Approved the minutes of the July 16, 1990 regular adjourned meeting. J. Approved the minutes of the July 23, 1990 regular meeting. 10-8-90 K. Approved the minutes of the July 25, 1990 regular adjourned meeting. L. M. Denied the claim for damages of John Spencer and referred same to the city's liability attorney and adjuster. Received and filed the status report regarding the North Orange County Landfill and Alternative Technologies Study (EIR 523). I N. Instructed staff to forward final comments to the draft Building Assessment Mutual Aid Agreement, relating to a major disaster, to the California Office of Emergency Services, the County of Orange, and the Orange Empire Chapter of the International Conference of Building Officials. o. Received and filed the update report regarding the Federal Consistency Determination, Endangered Species Management and Protection Plan, National Wildlife Refuge. Q. Approved the specifications for Sidewalk Construction/Repair, Project Number 612, and authorized the City Manager to advertise for bids. R. AYES: NOES: ABSENT: Approved the specifications for two police motorcycles, one lifeguard 4 x 4 truck, one public works one ton 4 x 4 cab and chassis (beach crew), one public works 3/4 ton truck (parks division), and an exhaust gas analyzer, and authorized the City Manager to advertise for bids, and approved the purchase of four marked and one unmarked police vehicles from Sopp Chevrolet as part of the Los Angeles County Sheriff's bid package in the amount of $16,000 each for the marked units and $13,500 for the unmarked unit. I Forsythe, Hastings, Hunt, Wilson None Laszlo Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "P" - OFFICE/COMMERCIAL UTILIZATION STUDY Councilman Hunt inquired as to the cost and staff time that would be required to conduct this study, and offered his opinion that the retail/commercial mix within the shopping areas should be left to the marketplace rather than being legislated. The Development Services Director explained I that the study would involve a review of the land utilization of the major commercial centers in the City to determine the retail sales tax versus non-sales tax uses, that the other major portions of the study would include shared parking, parking needs for various types of businesses at different hours of the day, as well as signage and landscaping requirements, most of the background work to be undertaken by existing part-time intern personnel, and stated that an evaluation of cost has not been done. He noted the study is the result of concerns of the Planning 10-8-90 I commission and the Retail Sales committee, that the information derived could be considered for possible changes to the Code, however he did not feel that was the basis for the requested information. Hunt moved, second by Forsythe, to approve the office/commercial utilization study work program and referred same to staff for implementation. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Wilson None Laszlo Motion carried GENERAL PLAN UPDATES Councilmember Hastings moved to postpone consideration of updates of the Conservation, Noise and Safety Elements of the General Plan for at least one month. Councilman Hunt seconded the motion. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Wilson None Laszlo Motion carried REOUEST - "STOP THE BREAKWATER" GROUP Hunt moved, second by Forsythe, to recognize the "stop The Breakwater" group as a resident organization pursuant to the provisions of Resolution Number 3960, thus allowing use of the Marina Community Center under the reduced rate schedule. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Wilson None Laszlo Motion carried I APPOINTMENT - BOARDS and COMMISSIONS Housina Element Review Committee The District Five appointment of a representative and alternate representative to the Housing Element Review Committee was held over. Hellman Ranch SDecific Plan Advisorv Committee Mayor Wilson appointed Mr. Les Woodson as the District Two representative to the Hellman Ranch Specific Plan Committee. The District Five appointment of a representative to the Hellman Ranch Specific Plan Committee was held over. Archaeoloaical Plan Task Force Mayor Wilson appointed Mr. Frank Ellsworth to the Archaeological Plan Task Force from District Two. The District Five appointment was held over. I Solid Waste Advisorv Committee The District Two, Four, Five, and City Council appointments to the Solid Waste Advisory Committee were held over. Councilman Hunt mentioned that he had an individual in mind having considerable experience as an appointment to the Committee however the person does not reside within his Council district. Hastings moved, second by Forsythe, to authorize at-large appointments to the Solid Waste Advisory Committee. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Wilson None Laszlo Motion carried 10-8-90 CITY COUNCIL ITEMS Mayor wilson report receipt of a letter from Gary Hausdorfer, San Juan Capistrano, requesting consideration for the League of Cities appointment to the Transportation Committee, however noted that Robert Wahlstrom, Mayor of Los Alamitos, is also seeking that position, and stated her desire to support Mr. Wahlstrom if there were no objections I from the Council. No objection was indicated. She read a communication from Congressman Rohrabacher acknowledging and ' supporting the City'S opposition to the proposed port expansion at the Naval Weapons Station, a letter of appreciation for the City'S support of the sandcastle contest campaign kickoff from United way, and a communication from the League advising of their intent to request the Board of Supervisors to delay imposing inmate booking fees, pursuant to Senate Bill 2557, until next fiscal year. Councilmember Hastings spoke in support of the City taking a position in opposition to the regional government legislation proposed by Assemblyman Willie Brown. The City Manager advised that the legislative session has now concluded which will allow staff the opportunity to obtain additional information regarding this legislation for a report to Council, possibly at the November 13th meeting, noted also that the League is actively working on this matter as well as SB 2557. Councilmember Forsythe mentioned a proposal by the city of Placentia to increase their oil taxes by twenty-five percent, made reference to the Seal Beach schedule of oil production charges, an annual $150 per producing well, $30 for an annual permit, and 12.5 cents per barrel, as compared to a $518 per well charge by the City of Torrance, and given the financial condition of this City, I suggested that a similar adjustment of charges be looked into. It was the order of the Chair, with consent of the Council, to declare a recess at 10:04 p.m. The Council reconvened at 10:13 p.m. with Mayor Wilson calling the meeting to order. ORAL COMMUNICATIONS Mayor Wilson declared Oral Communications open. Mr. Bruce Stark, Seal Beach, spoke regarding letters to the editor read at the last meeting, prior to publication of the newspaper, and questioned the delivery of certain letters to the paper by a person other than those who claim to be the authors. He also mentioned a September 21st FAX from Padberg ConSUlting, an election consultant to MOla, with regard to a letter relating to himself, authored by a resident of 16th Street for which there is no such residence address. Mr. Stark suggested that City staff make certain that Padberg Consulting, Mola Development, and their initiative committee, claim such in-kind contributions by the Journal newspaper, also that the contract for legal advertising be given consideration since the News Enterprise has opened an office within the city, and charged that the Journal appears to support of the Mola project. Mr. Galen Ambrose, Seal Beach, mentioned comments with regard to the I cost to the City for legal expenses to defend the Wetlands Restoration Society lawsuit, said the WRS is being talked down by some persons because of the WRS success in voting down Mola, and questioned why the City defended the case since it was known that the Housing Element had not been updated as required. Councilman Hunt explained that it was recognized that the Housing Element had not been updated by the required deadline, that the Council had been apprised of that fact, the reasons for probably due to the understanding that most cities in California had likewise not filed an updated Element, also the amount of staff time required to 10-8-90 I do so, and that the City had no choice but to defend the legal action. Councilmember Hastings asked that there be no discussion of this matter given the lawsuit against the City by the Mola Corporation. It was the order of the Chair to declare a recess at 10:20 p.m. and the Council reconvened at 10:25 with Mayor Wilson calling the meeting to order. Discussion continued. Mr. Ambrose charged that the City defended the WRS action to support the Mola development, inquired if the Mola lawsuit is because the development agreement was not signed and if the city had been advised to not sign the agreement since the Housing Element was invalid, stated Mola knew it was invalid, and claimed Mola had also worked closely with the city on their Specific Plan and General Plan amendments. Mr. Ambrose complained of on- going statements that he is promoting low income housing in Seal Beach, stated the prior Housing Element required only five more low income units than does the new Element, again charging that the city defended the WRS suit even though it was known that the Housing Element was invalid. In response to a question of Council, Mr. Ambrose confirmed that the initial basis for the WRS legal action was that the City did not meet the low income requirement of the Housing Element, which in turn aided the city in updating that Element, stated the WRS won their suit, Mola is appealing that decision, and the Wetlands Society is defending that appeal. Mr. Charles Antos, 328 - 17th Street, recalled that Housing/Community Development funds had been designated for use in the Trailer Park, Redevelopment funds were committed to relocation costs and upgrading of trailers, that the original approval and conditions limited the property to one hundred twenty-six units of which one hundred twenty were to be low/moderate income for a period of sixty-six years, the Agency was to monitor the program and take into consideration rent increases based upon valid cost increases. He read a copy of a communication he had received dated July 26th from an address of 313 Welcome Lane to the president of the Bixby Ranch Company regarding development of the Hellman, Bixby and Department of Water and Power properties, which in part stated the projects have certain similarities, Dawson Development offering to untangle the present situation, revitalize the bureaucracy, establish a viable consensus of the constituency, coordinate the efforts of the three developers, organize the city's selection of experts, public relations and press, implement a professional process to guide the deliberations and produce some optimum benefits to the City, etc. Mr. Antos referred to another communication, authored by Mr. Dawson, a joint venture of Seal Beach Associates and Capco corporation, regarding development of the Department of Water and Power site. He offered that if the activities and costs thereof that he had mentioned are being passed on as operating costs to the Trailer Park residents, that is inappropriate as it relates to rent increases, however if these costs are not co-mingled, the issue would then be what type of activities can take place under present zoning, and suggested these issues be investigated in conjunction with an audit of the Park. Mr. Antos stated that it is understood that there are political activities taking place from the Trailer Park which should be looked into, that staff should review limitations placed on H/CD and Redevelopment Agency funded projects, and inquired if staff had obtained assessment information on the oil islands and the First Street facility to ensure that the City is receiving the appropriate property taxes. The City Manager reported that Chevron appealed the assessment of Island Esther, which the County Appeals Board found in their favor and the assessment was reduced from a producing oil facility I I 10-8-90/10-22-90 as defined by state law to approximately $800,000 of personal property on the platform, that it was learned this week that Union oil has acquired Esther in an asset swap and is preparing an appeal for the 1990 tax assessments, and at this time there is no way to project what the success of that appeal will be. He noted ~ recent change in state law that has established maximum rates for oil taxes, which is currently under review. In response to Council, Mr. Antos stated he believed 313 Welcome Lane is the business address of the Trailer Park, and the telephone numbers on the communications he referenced were the same. Mr. Antos asked if there is a legal action as a result of the David Lupash accident in the City of Long Beach. The City Manager confirmed that there is and in response to Ms. Beverly Casares advised that Mr. Ivan stevenson is the City's liability defense attorney. Ms. Casares claimed that the city Manager had not provided accurate information in response to previous questions regarding the release of information on liability claims. There being no further comments, Mayor Wilson declared Oral Communications closed. I CLOSED SESSION The Assistant City Attorney announced that the Council would meet in Closed Session to discuss pending litigation pursuant to Government Code Section 54956.9(a), Mola Development Corporation versus City of Seal Beach, Case Number 636785, and a personnel matter. It was the consensus of the Council to adjourn to Closed Session at 10:59 p.m. The Council reconvened at 12:19 a.m. with Mayor Wilson calling the meeting to order. The Assistant City Attorney reported the Council had discussed the items previously announced, and that no action had been taken. I, ADJOURNMENT The Council indicated their agreement to cancel the regular meeting of October 22nd given the conflict with the League of California cities Annual Conference. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 12:21 a.m. Clerk and e - of Seal Beach Approved: -e&w.J i. ~~ Mayor Attest: I NOTICE OF CANCELLED/ADJOURNED MEETING The regular City Council meeting of Monday, October 22, 1990, was cancelled due to lack of quorum as a result of attendance at the League of California cities Annual Conference. Said regularly scheduled meeting of October 22,