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HomeMy WebLinkAboutCC Min 1990-11-26 11-19-90/11-26-90 AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I ./ C1~y 91erk an ex-of C~of Seal Beach Attest: Approved: I Seal Beach, California November 26, 1990 The City Council of the City of Seal Beach met in regular session at 7:10 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Hastings, Hunt, Laszlo Absent: Councilmember Forsythe Wilson moved, second by Laszlo, to excuse the absence of Councilmember Forsythe from this meeting. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried Also present: Mr. Archibold, Acting city Manager Mr. stepanicich, City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, city Clerk I WAIVER OF FULL READING Hastings 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. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried AGENDA AMENDED Hastings moved, second by Laszlo, to consider item "V", city Manager recruitment, at this time. 11-26-90 AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried CITY MANAGER RECRUITMENT Dr. Daniel Barber, California State University, Long Beach, Graduate Center for Public policy and Administration, I reported involvement with a number of local agencies throughout the basin, State and Federal governments in the areas of service and research, and made reference to the proposal dated November 23, 1990 for services in connection with the recruitment of a City Manager for Seal Beach. With regard to a question as to specific City Manager, Assistant City Manager, or highly qualified staff positions to which the Cal State service has provided applicants, Dr. Barber stated he could not point to any specifically, that their service works regularly on developing job descriptions, assessment centers, promotional exams, etc., and there has been considerable interaction with managers and persons moving towards that employment level. He stated the task, as set forth by the proposal, generally deals with detail work within the legal guidelines to track, reference check and process the applications, also to determine the Council criteria for the position. Councilman Hunt said he felt locating candidates for the position would be the most difficult task, and in comparison to the responsibilities of a management recruiting firm, he did not find that step of the process contained within the CSULB proposal. Dr. Barber responded that proposals of personnel recruiting firms are quite similar, the question in this case being to what extent and by what means the city wishes to seek candidates that do not apply. He explained that he did not have a bank I of individuals that have expressed interest in such positions, yet the exposure through Western City magazine, ICMA and other publications, and any other means the Council desires, would let it be known that the position is available and would attract viable candidates. Dr. Barber clarified that he would be personally conducting the tasks set forth in the proposal, that he does have the services of a graduate assistant available, and pointed out that in addition to the upcoming semester break, University staff is authorized to work in this type of capacity up to ten hours per week. He confirmed his fee for the services outlined is three thousand dollars with the exception of advertising, out-of-town travel, candidate travel, etc., which would most likely be within the range of one thousand dollars or less. Councilman Laszlo spoke for moving forward with the city Manager recruitment process without delay, and moved to accept the proposal made by Dr. Barber. Councilmember Hastings seconded the motion. Councilman Hunt requested that this item be held over until the full Council is present, and again expressed concern that the method of locating candidates for the position was not addressed in the proposal. Discussion followed. Councilmember Hastings suggested that the proposal be revised to include the I' candidate solicitation process. The motion and second were withdrawn. Staff requested Council confirmation of placing an ad for the City Manager position in the January issue of Western City, noted that the ad has been drafted, asked for direction as to whether a salary range or salary to be determined based upon qualifications should be used, and a desired closing date. Laszlo moved, second by Hunt, to authorize the expenditure of funds to place the ad for the City Manager position in the January issue of Western city. I I I 11-26-90 AYES: NOES: ABSENT : Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried PUBLIC HEARING - APPEAL - VARIANCE 5-90 - PATIO DECK - 1733 CRESTVIEW AVENUE - RALSTON Mayor Wilson declared the public hearing open to consider an appeal of Planning Commission denial of Variance 5-90. The City Clerk certified that notice of the public hearing had been advertised and mailed as required by law, and reported no communications received either for or against this item. Laszlo moved, second by Hastings, to continue the public hearing until the December 10th regular meeting. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried ORDINANCE NUMBER 1315 - ZONING TEXT AMENDMENT 5-90 - NONCONFORMING RESIDENTIAL STRUCTURES - DUE TO DENSITY/TANDEM PARKING Ordinance Number 1315 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 28 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO NONCONFORMING RESIDENTIAL STRUCTURES WHICH ARE NONCONFORMING SOLELY DUE TO DENSITY AND TANDEM PARKING (ZTA 5-90)." By unanimous consent, full reading of Ordinance Number 1315 was waived. The City Attorney recommended the second sentence of Section 2 be amended to include language to read "The following expansions and enlargements may be approved provided the parcel is nonconforming..." Hunt moved, second by Wilson, to adopt Ordinance Number 1315 as amended. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried RESOLUTION NUMBER 3992 - MAIN STREET/PACIFIC COAST HIGHWAY - CLOSURE OF NORTH/SOUTH TURNPOCKETS Resolution Number 3992 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 3992 was waived. Laszlo moved, second by Hastings, to adopt Resolution Number 3992 as presented. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried ORDINANCE NUMBER 1316 - VESTING TENTATIVE MAPS Ordinance Number 1316 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 21 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO VESTING TENTATIVE MAPS." By unanimous consent, full reading of Ordinance Number 1316 was waived. The Director of Development Services reported current Code limits the application for a vesting tentative map to residential property only, does not allow such application for commercial or industrial subdivision of property, and that the proposed Ordinance would allow any subdivision to apply for a vesting tentative map. The City Attorney pointed out that State law now requires that local regulations provide for a vesting tentative map for commercial as well as residential development. He noted 11-26-90 current Code also provides that before a vesting tentative map can be obtained all of the discretionary approvals must be approved either prior to or concurrently, which is an additional local regulation that is believed to be permitted by state law, therefore it is felt important that the city's regulations be consistent with state law. Mr. Stepanicich explained the ordinance would not change local regulations I in terms of zoning or subdivision requirements, however it would change the manner in which maps are processed procedurally, noting that a number of years ago the legislature adopted provisions that gives a developer a right to proceed upon an approved tentative map once the final map has been filed, that provision recently amended to include commercial and industrial development. In response to a question of Council with regard to the possibility of a developer demanding a vesting map should the proposed Ordinance not be adopted, the city Attorney said there could be a question as to whether the local requirement to have all discretionary approvals prior to approval of a vesting map could be enforced. He noted the intent of the local requirement was to insure that a developer would submit all discretionary approvals at one time to avoid the possibility of approving a vesting map without specific knowledge of the entire development. The City Attorney noted it would be in the best interest of the City to have a vesting tentative map ordinance that is in compliance with state law, and there would be concern should a developer make application for a vesting tentative map and argue that he was entitled to such vesting map for a commercial development where the current local ordinance only applies to residential development. Hunt moved, second by Wilson, to approve the introduction of Ordinance Number 1316 and that it be passed I to second reading. AYES: NOES: ABSENT: Hastings, Hunt, Wilson Laszlo Forsythe Motion carried RESOLUTION NUMBER 3993 - DESIGNATING CONGESTION MANAGEMENT PROGRAM AGENCY - ORANGE COUNTY TRANSPORTATION AUTHORITY Resolution Number 3993 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DESIGNATING A CONGESTION MANAGEMENT PROGRAM AGENCY." By unanimous consent, full reading of Resolution Number 3993 was waived. Hunt moved, second by Wilson, to adopt Resolution Number 3993 as presented. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried ORDINANCE NUMBER 1317 - DISPLAY OF MATTER HARMFUL TO MINORS Ordinance Number 1317 was presented to Council entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADDING CHAPTER 11D TO THE SEAL BEACH MUNICIPAL CODE RELATING TO THE DISPLAY OF MATTER HARMFUL TO MINORS." By unanimous I consent, full reading of Ordinance Number 1317 was waived. Laszlo moved, second by Hastings, to approve the introduction of Ordinance Number 1317 and that it be passed to second reading. AYES: NOES: ABSENT: Hastings, Hunt, LaSZlo, Wilson None Forsythe Motion carried RESOLUTION NUMBER 3994 - CALIFORNIA ENVIRONMENTAL OUALITY ACT GUIDELINES Resolution Number 3994 was presented to Council entitled "A 11-26-90 I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING PROCEDURES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THE GUIDELINES OF THE SECRETARY FOR THE RESOURCES AGENCY, AS AMENDED, AND REPEALING RESOLUTION NUMBERS 3577 AND 3133." By unanimous consent, full reading of Resolution Number 3994 was waived. The Director of Development Services presented the staff report, noted review and recommendation from the city Attorney's office, the Development Services Department, the Environmental Quality Control Board, and the Planning Commission for approval of the updated CEQA guidelines for the preparation of environmental impact reports, negative declarations, and the process for determinations for projects to be exempt from those requirement. He explained there to be fifteen areas of modification to current City guidelines, last updated in 1984, and that the remainder of the current guidelines are unchanged. The Director reviewed the proposed changes as set forth in the August 21, 1990 staff report to the Environmental Quality Control Board, in brief, the changes extending the public review period for negative declarations from ten to twenty-one days, a review period for notices of exemption from the requirement to prepare a negative declaration or environmental impact report that would require challenges to be made in a shorter period of time thus allowing small projects to proceed without undue delay, agencies, such as the local transportation planning organization and school districts, added to the negative declaration review by other public agencies process in certain instances, review of a mitigation monitoring program by certain agencies, and recommended provision that all EIR consultants be selected by the City rather than a developer or an independent City review of a draft EIR, the cost of which would be borne by the developer. The Director noted the proposed changes would bring the City into compliance with State Codes and recent court decisions. I Hunt moved, second by Wilson, to adopt Resolution Number 3994. Staff explained in detail the various proposed modifications to the current guidelines in response to questions of the Council. Councilman Laszlo indicated he intent to vote against the motion since the public was not being invited to speak to this item. AYES: NOES: ABSENT: Hunt, Wilson Hastings, Laszlo Forsythe Motion failed It was the order of the Chair, with consent of the Council, to declare a recess at 8:44 p.m. The Council reconvened at 8:56 p.m. with Mayor Wilson calling the meeting to order. I RESOLUTION NUMBER 3995 - REGIONAL GOVERNANCE LEGISLATION Resolution Number 3995 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, OPPOSING CERTAIN LEGISLATION ON REGIONAL GOVERNANCE." By unanimous consent, full reading of Resolution Number 3995 was waived. Hastings moved, second by Wilson, to adopt Resolution Number 3995. Councilman Hunt indicated his opposition to the Resolution, suggesting that if any position is to be taken it should be done through the League of Cities, and to some extent there is a need for some regional control, citing as an example the traffic impact on Seal Beach as a result of what occurs in surrounding cities. Councilmember Hastings expressed support for the Resolution and the right of the city to determine its affairs without outside interference. Staff 11-26-90 reported the League has not taken a position on this matter to date. Discussion continued. Councilman Laszlo requested a resolution be prepared, similar to that of the city of Garden Grove, in support of repeal of SB 2557. AYES: NOES: ABSENT: Hastings, Laszlo, Wilson Hunt Forsythe I Motion carried RESOLUTION NUMBER 3996 - COMPENSATION PLAN - ACTING CITY MANAGER Resolution Number 3996 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 ROBERT F. ARCHIBOLD AS ACTING CITY MANAGER." By unanimous consent, full reading of Resolution Number 3996 was waived. The Acting city Manager noted the Council had been provided with two resolutions setting forth the salary and benefits for the Acting City Manager as well as the position to which the Acting City Manager would return to at such time as a city Manager is selected, Assistant to the City Manager or Assistant City Manager. Members of the Council indicated their preference that the position be designated as Assistant City Manager, however it was suggested that possibly that decision should be delayed until the City Manager position is filled. Discussion followed. Hunt moved, second by Wilson, to adopt Resolution Number 3996 to reflect the position classification of Assistant City Manager. It was clarified that the salary range for the Assistant position would be considered at a later date. I AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried RESOLUTION NUMBER 3997 - ACCEPTANCE - ELECTRIC AVENUE GREENBELT Resolution Number 3997 was presented to Council entitled "A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF CERTAIN PROPERTY CONVEYED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3997 was waived. Staff clarified that the property is designated as public land use specifically for public park purposes. Hunt moved, second by Wilson, to adopt Resolution Number 3997. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried CONSENT CALENDAR - ITEMS "K" thru "P" Mayor Wilson requested items "L" and "M" removed from the Consent Calendar, noting her absence from those meetings, and a member of the audience requested item "N" removed. Hunt moved, second by Laszlo, to approve the recommended action for items on the Consent Calendar, except Items "L, M, and N", as presented. I K. Approved regular demands numbered 81645 through 81830 in the amount of $470,047.51, and payroll demands numbered 42970 through 43159 in the amount of $214,711.39 as 11-26-90 approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. O. Approved the plans and specification for Project Number 616, Lampson Avenue Irrigation System, and authorized the Acting city Manager to advertise for bids. P. Bids were received until 11:00 a.m., October 22, 1990, for project Number 619, North Seal Beach Community Center Handicap Restrooms as follows: I Enwell, Inc. Glencraft Construction Co. Adams/Mallory Construction Co. P & M construction Temperature Controlled Environment, Inc. Smedley Construction Double J Contractors Brugman Management & Development Company Fishbeck Construction Co. century construction Co. Projective Development Group Dean Chilton construction '$43,784.00 47,031.00 51,516.00 52,600.00 58,990.00 62,350.00 64,869.00 72,000.00 73,900.00 78,000.00 79,600.00 98,900.00 I Rejected all bids for Project Number 619 and instructed staff to resubmit the plans and specifications for city Council approval for readvertisement for bids at such time as the State grant funds in the amount of $89,000 become available. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEMS "L and M" - APPROVAL OF MINUTES Laszlo moved, second by Hunt, to approve the minutes of the September 24, 1990 regular meeting and the October 2, 1990 regular adjourned meeting. AYES: NOES: ABSTAIN: ABSENT: Hastings, Hunt, Laszlo None Wilson Forsythe Motion carried I ITEM "N" - CLAIM FOR DAMAGES Mr. Bruce Stark, Seal Beach, inquired as to nature of the claim. Mayor Wilson responded that the claim was for injuries allegedly sustained on June 2, 1990 involving the tram on the municipal pier. Laszlo moved, second by Hunt, to deny the claim of Irene Boehm and refer same to the City'S liability attorney and insurance adjuster. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried BIXBY PUBLIC INPUT PROCESS The Acting City Manager reported the City Council, in June, 1990, determined to postpone until at least October the 11-26-90 public information process relative to the Bixby Old Ranch Specific Plan, and at this time staff is seeking direction as to the desire of the Council to complete that process, the options being to wait until Bixby submits a subdivision application or continue the pUblic information meetings. In response to council, the Director of Development Services stated the Bixby Company has contacted the City on several I occasions to inquire as to when the Council would consider completion of the information process that was initiated in February, also inquiring as to the process to submit an application for development on their property that would not involve a Specific Plan, thus the request for direction from the council with regard to the public meetings. He explained the information requested by Bixby has related to current requirements for zone changes, subdivision approvals, etc., and it appears their inquiries may relate to the preliminary plans that were being developed in May and June which included some homesites along portions of the golf course. He recalled that the Housing Element indicated that housing would not be considered within areas either under the clear zone or accident potential zone from the Los Alamitos Armed Forces Reserve Center which was based upon a document that was then in circulation and since rescinded by the Department of the Army, and it is understood that document is being restudied to determine appropriate clear zones and accident potential zones. In response to certain remarks, the Development Services Director advised Councilman Laszlo that he has had no meetings with the Bixby Company other than attendance at the public information meetings and EIR scoping session. It was also noted that it is the understanding of staff that the Committee is nearing completion of their Housing Element review, which will be I forthcoming to the Council. Councilman Laszlo said the AICUZ study is still in effect. Discussion followed. Councilman Hunt offered that there is nothing that would preclude the Bixby Company from SUbmitting a plan for their property, however suggested the pUblic input sessions may result in a more acceptable plan. Councilmember Hastings moved to hold over discussion of this matter until after the potential April election as requested by Councilman Laszlo. Councilman Laszlo seconded the motion. AYES: NOES: ABSENT: Hastings, LaSZlo, wilson Hunt Forsythe Motion carried GENERAL PLAN UPDATES Hunt moved, second by Wilson, to postpone consideration of General Plan updates until the next meeting. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried PUBLIC COMMENT TIME LIMITATION Hunt moved, second by Laszlo, to hold over consideration of 1- this item until the next meeting. AYES: NOES: ABSENT: Hastings, Hunt, LaSZlo, Wilson None Forsythe Motion carried HELLMAN RANCH SPECIFIC PLAN COMMITTEE - CONCEPT PLAN Mr. David Hood, 3600 Wisteria street, Vice-Chairman of the Hellman Ranch Specific Plan Committee, commenced his remarks by stating the concerns of the Committee were to leave wetlands and park lands to the children, the safety of 11-26-90 I potential homeowners living on uncertain soil adjacent to an earthquake fault, and an appropriate use of the land that would compliment the remainder of uses in the city. He noted that although the representative of Mola Development had advised he was representing the owner of the property and that a partnership existed, yet failed to document those statements, the majority of the Committee voted to reject seating the representative of Mola Development as a member of the Committee. He stated the Committee sought and received input from all interested parties, and subsequently the Committee, on a ten to one vote with three abstentions, approved the following: "The Hellman Ranch Specific Plan Advisory Committee recommends to the Seal Beach city Council that the portion of the Bluffs above the ten-foot contour be zoned for commercial development provided that there be established a 50-foot landscape buffer running eastward from Gum Grove Park (which should retain its present use) to Seal Beach Blvd. as well as a 100-foot setback from the Newport- Inglewood Fault where no development should be allowed. The Hellman Ranch Specific Plan Advisory Committee further recommends that the entire remainder of the Hellman Property and the Los Alamitos Retarding Basin remain open space for such uses as, but not limited to, a golf course, parks, playing fields, tennis courts, wetlands, etc., and/or existing uses (including oil extraction and flood control), for the enjoyment of the citizens of Seal Beach and the surrounding communities." Ms. Allene Harding, resident of College Park West, stated a minority report, supported by four members of the Committee, was to be presented by Ms. Joyce Risner. Ms. Risner read the minority report which, in brief, disagreed with the majority report having been made without benefit of environmental, fiscal or legal impact information, the economic viability of the proposed plan not considered for the City, property owner and/or developer, therefore the belief that the majority recommendations, if approved, may constitute a taking of properties and result in potential liability to the City and its citizens. In response to Council, Mr. Hood said the Committee had been informed it was not necessary to consider financial constraints, that there was not time nor was there a desire to do an economic study of commercial development on the bluff, and that there had been general discussion of a conservation easement which could be a tax advantage to the land owner. Councilman Laszlo spoke in favor of placing an alternative to the initiative plan on the ballot to allow the voters a choice. Councilmember Hastings agreed. Mayor Wilson spoke against placing other measures on the ballot. Councilman Hunt expressed his feeling that it would be unfair to the voters to place other conceptual plans on the ballot without the appropriate analyses to show the viability of the plan. In response to Councilman Hunt, the city Attorney advised that upon placing an item on the ballot, the city Attorney prepares an impartial analysis of the effect of the legislation proposed, and in most all cases, such as the proposal under consideration, it would be recommended that an analysis be prepared as to what the legal issues may be, particularly in this instance where there is pending litigation involving the subject property. He explained that if there were financial or economic issues they would be identified, it would then be a decision of the Council as to whether additional studies would be required. 'He also noted the issue of economic viable use of land is an ill-defined concept under State and federal law. Mr. Stepanicich stated their firm has seen a number of ballot measures that have been questionable, yet the courts have generally ruled that if a measure has been proposed by the voters and contains the required number of signatures, the I I 11-26-90 Council is required to place the matter on the ballot unless it is considered patently illegal, the courts more often becoming involved in the legality of a measure subsequent to the vote. He noted it is within the discretion of the Council to place any measure on the ballot, and should it be considered patently illegal the Council would be so advised by legal counsel, yet the Council would make the ultimate I decision. Discussion followed. No formal action was taken. It was the order of the Chair, with consent of the Council, to declare a recess at 10:29 p.m. The Council reconvened at 10:43 p.m. with Mayor Wilson calling ~he meeting to order. REOUEST - FINANCIAL ASSISTANCE - CHRISTMAS DECORATIONS - ROSSMOOR CENTER The Acting city Manager presented the request from Mr. Leonard Wilson, Marketing Director for the Rossmoor Shopping Center, for $1,100 to cover the labor costs to place and remove holiday decorations along Seal Beach Boulevard in the vicinity of Rossmoor Center. Councilman Hunt recalled that last year the purchase of new lights for the downtown area was discussed, possibly allocation of a amount of money over a period of a few years, and in that case the merchants were to bear the cost of electricity, and in turn it was felt that a contribution for holiday decorations on the public land in the vicinity of Rossmoor Center would likewise be made, the amount last year being $625. Members of the Council expressed their views regarding the request, current budget constraints, postponement until next year or thereafter, and use of transient occupancy tax monies. Council requested a report with regard to contributions in 1989 for holiday decorations on Main Street and the Rossmoor Center, and suggested that action on this item be held over until the next meeting. I PROPOSED BALLOT MEASURES The Acting City Manager reported various ballot measures had been proposed by Mr. Antos at a previous meeting, the Council then requesting they be placed on this agenda. Councilman Laszlo noted the proposed measures relate to specific plans and planned unit developments, open space, parks and golf courses, and residential zoning, and requested that the City Attorney review them for appropriate wording for placement on the ballot. Mr. Antos, 328 - 17th Street, spoke in support of placing the measures to a vote as a means to preserve what presently exists in the city. He suggested two additional measures, one relating to requiring a general election to approve a proposed development or modification to an existing development on parcels of land containing five or more acres, and a Charter amendment to prohibit an increase in building heights in excess of current maximum permitted heights for each district and zone. Councilman Laszlo noted his concern with the potential for increased building heights on Pacific Coast Highway, Ocean Avenue or Seal Beach Boulevard in the future. He proposed a measure that would give the City Council veto power over the appointment of the Police Chief, also as referenced in the Congestion Management Plan, a required minimum level of service "D" at city intersections. No formal action was taken. I APPOINTMENTS - BOARDS and COMMISSIONS Environmental Oualitv Control Board The District Five vacancy on the Environmental Quality Control Board was held over. 11-26-90 Housina Element Committee Councilman Hunt appointed Mr. Robert Jaeschke, Del Monte Drive, as the District Five representative to the Housing Element Committee. I Hellman Ranch SDecific Plan Advisorv Committee No District Five appointment was made to the Hellman Ranch Specific Plan Advisory Committee. Archaeoloaical Plan citizens Task Force Councilman Hunt appointed Ms. Doris Hoffman, EI Dorado Drive, as the District Five representative to the Archaeological Plan Task Force. Solid Waste Advisorv Committee Councilman Hunt appointed Mr. Ernie winter, Golden Rain Road, as the District Five representative to the Solid Waste Advisory Committee. Mayor Wilson appointed Mr. George Cook as the District Two representative to the Solid Waste Advisory Committee. The District Four and City Council appointments to the Committee were held over. Beach Commission Councilmember Hastings appointed Mr. Stephen Downs as the District One representative to the Beach Commission. I Mr. Greg Henry was appointed as the District Three representative to the Beach Commission as requested by Councilmember Forsythe. Councilman Laszlo ~ppointed Mr. Larry Michaels as the District Four representative to the Commission. The District Two and District Five appointments were held over. Wilson moved, second by Hunt, to approve the above stated appointments. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried I CHARTER REVIEW COMMITTEE Councilmember Hastings requested that a Charter Review Committee be formed, to consist of three to four members and staff representatives, to review and make recommendations to bring the city Charter into conformance with State law. Councilman Laszlo indicated he would prefer appointment of a member from each Councilmanic District, and said he did not feel this task could be completed for placement on the potential special election. Discussion followed with the Council indicating their preference for an initial Charter review from a legal standpoint to designate areas that are in need of amendment. The City Attorney confirmed that it would be helpful to amend those sections that have become out of date due to legislative and case law, and offered that a preliminary analysis could be commenced, yet it would be questionable as to whether that could be completed in time to be placed on an upcoming special election. Hastings moved, second by wilson, to authorize the City Attorney to commence the preliminary Charter analysis. Councilmember Hastings suggested that the issue of nepotism be given priority consideration. 11-26-90 AYES: NOES: ABSENT : Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried FISCAL IMPACT UPDATE - HELLMAN RANCH DEVELOPMENT Mr. Chris Verholtz, member of the Initiative Committee, requested that the City Council authorize an update of the I Hellman Ranch fiscal impact report, noting that the $1 million donation to the city, the revenues generated to the Redevelopment Agency, and maintenance of the park system for a period of ten years had not been included in the previous report. He also asked that there be an environmental impact report and fiscal impact report be prepared for any other proposed plans that are considered to be placed on the ballot. Mr. Verholtz stated Mola Development has offered to bear the cost of the update. In response to council, the Development Services Director stated it was his understanding that Hoffman and Associates was originally retained by Michael Brandman and Associates, the City's EIR consultant, as a sub-consultant to prepare the fiscal impact analysis. Councilman Laszlo stated he would prefer a firm other than HOffman, or that the developer retain their own consultant. Councilmember Hastings objected to the request, stated the initiative is based upon the old plan and there are other elements of that plan that should likewise be updated. Hunt moved, second by wilson, to authorize an update of the fiscal impact report with the understanding that it would be at no cost to the city. In response to Council, the Development Services Director stated the last analysis was based on a three hundred forty unit project and included in I the May 1989 supplemental EIR, that there may have been further analysis contained in the June, 1989 final EIR, and confirmed that the analysis was prepared for the City, not the developer. Councilman Laszlo questioned whether it would be ethical for Hoffman to proceed with the update should the Council not agree with this request. The city Attorney offered that if there were an existing contract with the City it may not be appropriate for Hoffman to perform work for another party, however it would be at the discretion of the Council to consider the request, that the Council could request Hoffman not perform the work if that were the desire, and it would be uncertain if there would be any legal constraints with their performing the update. AYES: NOES: ABSENT: Hunt, Wilson Hastings, Laszlo Forsythe Motion failed CITY COUNCIL ITEMS Councilmember Hastings mentioned that she had observed individuals bow and arrow fishing from the municipal pier, reported the policies of a number of other cities with regards to this sport, and requested that an ordinance be prepared to prohibit bow and arrow fiShing and that the I lifeguards be granted authority to issue citations for a violation of the regulations. Councilmember Hastings read a notice of public hearing to be held on December 12th to consider the issuance of permits to the Naval Weapons station for hazardous waste storage units, and urged that persons attend this hearing. Staff reported a packet was received this date relating to the hearing to consider the hazardous waste permits, that the information will be reviewed and a report forthcoming to the Council, also that an attempt will be made to obtain additional packets from the Environmental Protection Agency for Council review. 11-26-90 I Councilman Laszlo requested that a closed session meeting be scheduled with the City's liability attorney to review claims and litigation for the information of all members of the Council, noting that he had not been made aware of the status of claims and litigation for a period of time after being elected to the Council. Councilman Hunt agreed, and suggested that such review would possibly be helpful every six months. Mayor Wilson stated a formal complaint had been lodged with the Fair Political Practices Commission alleging that the Hellman Ranch had made a political contribution to her by using a quote on literature forwarded to Seal Beach citizens, and reported receipt of a communication from the FPPC advising that they had completed their investigation, that there was no violation, and the file had been closed. Mayor Wilson noted another complaint that she had interfered with free speech, and to that she made reference to a ruling involving the City of Cerritos where the court determined both the content and length of public input could be limited. I ORAL COMMUNICATIONS Mayor Wilson declared Oral Communications open. Mr. Galen Ambrose, Seal Beach, spoke regarding the fiscal impact of the Hellman Ranch, the report prepared without the cost of the land, and whatever is prepared is dependent upon how it is packaged, promoted, sold, and divided as to what the fiscal impact would be. He suggested that the Committee plan could be determined economically viable depending upon how the wetlands value, mitigation credits, size and value of parkland, grant monies, and agreement for the commercial area are handled. Mr. Ambrose agreed with a previous comment that Seal Beach is impacted by what takes place in surrounding communities, and suggested the city could become more aggressive and file a legal action against those cities as a result of impacts on the environment. He said the City has a responsibility to the community and no obligation to the Hellmans or Bixby. Mr. Bruce Stark, Seal Beach, claimed that the City of Westminster extracted monies from a neighboring city as a result of the impact of a large building on their community, and Long Beach was to receive traffic mitigation monies as a result of development in Seal Beach. Mr. Stark said the change of title of Assistant to the city Manager to Assistant city Manager is a reclassification. He made reference to his experience in representing persons before Civil Service Commissions, and based upon his attendance at a recent Seal Beach Commission meeting, suggested that that body either be eliminated or be brought into the twentieth century. He expressed disagreement with the lack of action relating to an issue of reclassification of an employee, as well as with the attendance in a closed session of a representative of the employee, also with two members of the Commission being former employees. He stated a member of the civil Service Commission had been threatened with a lawsuit should that person vote a certain way. Mr. Stark suggested that the city, rather than the BiXby company, develop a Specific Plan for the Bixby property, and noted most all speakers at the public meetings that were held favored no development. Mr. Stark questioned what is considered a taking of property, and with regard to financial impact of the Mola development, claimed that the analysis of the former city Manager was that the development would impact the city by nearly $200,000 per year, and stated that fact should be made known to the public, especially Leisure World. Ms. Norma StrOhmeier, Seal Beach Boulevard, spoke regarding recent civil Service Board meetings, stated her suggestions to call witnesses in the conduct of an investigation of the Grand I 11-26-90 Jury's charge of nepotism were turned down, that her request to discuss a nepotism matter was met with a response that the Board does not have access to personnel files, and that no action was taken on her request that two members of the Board remove themselves from the matter under consideration because of their past professional affiliation with the I city. Mrs. strohmeier said she was not allowed to present information she had gathered relating to the nepotism investigation as a result of threat of lawsuit or removal from the Board by the attorney representing the Police Officers Association, and claimed the Civil Service Board has no value. Mr. Charles Antos, 328 - 17th street, said the property considered in the plan presented by the Hellman Specific Plan Committee was a total of two hundred twenty- five acres. Ms. Wendy Morris, Crestview Avenue, spoke regarding the legal action of Mola Development against the city and individual Council members, questioned how the individual members can be protected from such threats, and said she did not believe Mola would withdraw the lawsuit even if the initiative is approved. The city Attorney responded that unfortunately it is becoming more prevalent for individual councilmembers to be named in a suit along with a city, stated the City has taken an aggressive stance in the Mola case, and that a demurrer has been filed within the required time frame to the individual councilmember complaints. Mr. John Nakagawa, 220 - 12th Street, spoke in support of traffic level of service "D", suggested that traffic mitigation should be required for any large percentage increase as a result of development, and questioned the traffic statistics relating to the initiative. He reported possession of a letter from the initiative committee with an out-of-town postmark, yet it is I understood they have a local office, and commented on the one hundred twenty-five people reportedly walking the petition and a party for those individuals hosted by Mola. Mr. Mario Voce, Catalina Avenue, extended appreciation to the Hellman Specific Plan Committee for their efforts in developing the conceptual plan for the Hellman property, which he spoke in favor of. Ms. Carla Watson, Seal Beach, described the procedure for residents to remove their name from the initiative petition, and said even if one favored the plan, no one should sign the petition or vote for the initiative because it takes away ones rights. She requested information from the City Attorney with regards to development agreements. Mr. Lionel Okin stated Leisure World represents one-third of the city's population, said he hoped people will take note of the economics of the proposed Hellman development, and further, that any increase of traffic on Seal Beach Boulevard may have a critical effect on emergency services. There being no further comments, Mayor wilson declared Oral Communications closed. CLOSED SESSION No Closed Session was held. ADJOURNMENT Laszlo moved, second by Hastings, to adjourn the meeting until Wednesday, December 5, 1990 at 9:00 a.m. I AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried The meeting was adjourned at 12:25 a.m. 11-26-90/12-5-90 I Approved: ~~..J t. ~k~ Mayor Attest: NOTICE OF CHANGE OF HOUR OF MEETING The regular adjourned meeting of the Seal Beach City Council scheduled for Wednesday, December 5th at 9:00 a.m. was rescheduled to be held on December 5th at 4:30 p.m. in city Council Chambers, 211 - 8th street, Seal Beach. Notice of said change of hour was posted December 3rd, 1990. I Seal Beach, California December 5, 1990 The City Council of the City of Seal Beach met in regular adjourned session at 4:36 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Forsythe, Hastings, Laszlo Absent: Councilman Hunt Councilman Hunt arrived at approximately 5:15 p.m. Also present: Mr. Archibold, Acting City Manager Mr. Walsh, Assistant to the city Attorney Mrs. Yeo, City Clerk J CIVIL SERVICE BOARD REPORT - CONFLICT OF INTEREST/NEPOTISM The Acting city Manager read the motion of the civil Service Board from their meeting of October 25th, "to show a finding that nepotism does exist and recommend to City Council that all nepotism be eliminated and established procedures be followed regarding same." He requested that after review and discussion, the Council instruct staff to proceed in a manner determined appropriate. Ms. Sylvia Kellison, Law Firm of Silver, Goldwasser and Shaeffer, stated she was present to represent Bill and Michelle Stearns and the Police Officers Association, and inquired if the reference to nepotism was as defined in Rule 22 of the Personnel Rules. Mr. Archibold confirmed that it was. (As a point of