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HomeMy WebLinkAboutCC Min 1990-12-17 12-10-90/12-17-90 Approved: J~~o~r Attest: I Seal Beach, California December 17, 1990 The city Council of the City of Seal Beach met in regular adjourned session at 9:03 a.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Forsythe, Hastings, Hunt, Laszlo Absent: None Also present: Mr. Archibold, Acting city Manager Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk - I WAIVER OF FULL READING Laszlo moved, second by Forsythe, 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: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried I CITY MANAGER RECRUITMENT with regard to the proposed process for recruitment of a city Manager, Dr. Daniel Barber, California State University at Long Beach, said he believed the first step has been taken as a result of authorizing placement of an advertisement in a monthly publication, that there would be a review of the returns from that ad, that other outlets to notice the opening would be pursued, as well as direct solicitation of individuals that had not responded, and the Council would be interviewed to determine the specific needs and qualifications that are felt necessary. He noted through his nearly seventeen years with the University there is a sizeable practitioner base available from which a pool of persons felt to be capable of the assignment can be developed. Dr. Barber stated there would be an initial contact and exchange of information regarding the city, a verification of the information submitted, a condensed resume of each applicant would be prepared for the initial cuts that the Council may make, however the complete applicant files would be available at any given time. Dr. Barber noted the- importance of dealing with the applicants in a professional manner, of interviewing the candidates and reducing the field until the final selection is made. Councilmember Forsythe said her concern was not with screening whatever number of applicants there may be, rather 12-17-90 with the resources that may be available to Dr. Barber that are not available to the city. Dr. Barber responded that even if there are thirty to forty applicants it will take time to review and check the information, that his role would be that of a third party where persons can make inquiries to aide their decision whether or not to apply, that he definitely felt there is a resource available that the city does not have, and noted that the University has trained City Manager's for about eighteen years, and although they rarely do this type of assignment, there is interest in this project given the proximity of the city to the University, also that he has time available to do the task. Dr. Barber offered that in addition to the advertisement in Western City, the position could be noticed in Jobs Available, the Job Finder the ICMA bulletin, the Public Administration Times, as well as direct mailings to the City Manager's Association of each county. Councilman Hunt asked if Dr. Barber's enterprise was related to Cal state University at Long Beach or if it was independent. Dr. Barber responded that it would be independent, however it is with the knowledge of the department and the deans, considered to be compensated service, and explained that given the change in the nature of how agencies conduct business, specifically privatization and contracting, this has been done successfully at the University level for some time. He stated that in the case of a small contract it is usually done on an individual basis however offered that if the Council would feel more comfortable with another means, it could be done directly through the University. Mayor Wilson asked about the involvement of students, mentioned the reasonable fee for the services of Dr. Barber as opposed to other firms, and inquired as to what other cities he has provided city Managers. Dr. Barber said that students are utilized in a secretarial function for computer input, preparation of letters, etc., that his fee was based somewhat upon time available, and noted the University authorizes up to ten hours per week for such projects. He reported the City Manager of Los Alamitos had been in the University program, as was the past Manager of Artesia, past Assistant City Manager of Huntington Beach, a past City Manager of Hawaiian Gardens now in mid-state, and explained that travel expenses would occur should he be requested to do an interview out of the city for instance. Dr. Barber clarified that he did not have a contract with the City of Los Alamitos that led to the hiring of their City Manager, that individual had merely gone through the University program, and that he has not had a contract with the previously mentioned cities for the hiring of a city Manager. Laszlo moved, second by Hastings, to retain the services of Dr. Barber in the amount of $3,000 and proceed with the City Manager recruitment. Councilman Hunt suggested that action on the contract with Dr. Barber be postponed until such time as it is felt his services are necessary. Discussion followed. AYES: NOES: Forsythe, Hastings, Laszlo Hunt, Wilson Motion carried Councilman Laszlo suggested that in addition to placing an ad in the publications mentioned, that consideration be given to the Wall Street Journal as well, which may attract persons from private industry. RESOLUTION NUMBER 4002 - HAZARDOUS WASTE FACILITY PERMITS - NAVAL WEAPONS STATION I I I ..' 12-17-90 I Resolution Number 4002 was presented to Council entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL OPPOSING THE DRAFT NEGATIVE DECLARATION FOR THE HAZARDOUS WASTE FACILITY PERMITS AT THE SEAL BEACH NAVAL WEAPONS STATION AND REQUESTING THAT AN ENVIRONMENTAL IMPACT REPORT BE PREPARED. II By unanimous consent, full reading of Resolution Number 4002 was waived. It was noted that at the last meeting staff was directed to revise the draft letter in response to the draft negative declaration pursuant to comments of the Council to be submitted at the public hearing relating to this matter, also that a resolution be prepared setting forth the same basic concerns. with regard to submittal of the letter at the public hearing, the City Clerk stated the communication had been personally delivered to representatives of the Health Services Agency just prior to the hearing with a request that the letter be entered into the record. Members of the Council each expressed their opinion regarding the hazardous waste storage, Councilman Hunt stated his objections were raised at the last meeting and there are a number of backup protections to any hazardous material spill; Councilman Laszlo said although he observed very little hazardous material, the Base has been cited on occasion and there is need to protect the citizens; Councilmember Forsythe cited the possibility of human error; Councilmember Hastings offered that the Resolution falls within the purview of protecting people, their habitat, health and safety; and Mayor Wilson noted her concern, although remote, had been with jeopardizing the water supply. Councilman Laszlo suggested that two members of the Environmental Quality Control Board be designated to inspect the safety measure at the station from time to time. Forsythe moved, second by Hastings, to adopt Resolution Number 4002. I AYES: NOES: Forsythe, Hastings, Laszlo, Wilson Hunt Motion carried APPOINTMENT - ORANGE COUNTY VECTOR CONTROL Mayor Wilson declared nominations open for appointment to the Orange County Vector Control, and nominated Ms. Joyce Risner for reappointment. councilmember Hastings nominated Mr. Laszlo. Discussion followed with regard to the traditional appointment of a member of the Council to that agency. Laszlo moved, second by Hastings, to close nominations. AYES: NOES: Forsythe, Hastings, Hunt, LaSZlo, Wilson None Motion carried By consensus of the Council, Councilman Laszlo was appointed as the representative to the Orange County Vector Control for the two year term ending December 31, 1992. I BUILDING CODE REOUIREMENTS - FIRE SPRINKLER SYSTEMS Councilmember Hastings requested that this item be held over until a future meeting, possibly January or February, and pending receipt of communications from local contractors. Mayor Wilson inquired as to what are the requirements of other cities. Councilman Hunt stated he had originally opposed the residential fire sprinkler requirement until having discussions with the Orange County Fire Department, and suggested that the Fire Department be present to answer questions at such time as the matter is placed on the agenda. It was the consensus of the Council to continue this item. AB 939 REOUIREMENTS - REOUEST FOR PROPOSALS - SOURCE REDUCTION RECYCLING ELEMENT 12-17-90 The Acting City Manager presented the December 13th staff report of the Director of Public Works with regard to preparation of a Source Reduction and Recycling Element pursuant to the requirements of AB 939. He pointed out that the City must prepare, adopt and submit the SRRE to Orange County by July 1, 1991, which is to identify how the _I jurisdiction will divert refuse through source reduction, recycling and composting twenty-five percent by 1995 and fifty percent or the maximum amount feasible by the year 2000. He reviewed each of the components required to be addressed in the SRRE, and explained that although the final plan is not required until July 1, 1991, the draft must be completed by March 1st to allow the city's Solid Waste Advisory Committee to review the plan, hold the necessary public hearings, and make any revisions deemed appropriate. The Acting city Manager stated although the initial intent was for staff to prepare the Element, personnel changes have deemed that to be infeasible, therefore it is recommended that the Acting city Manager be authorized to accept proposals for the services of an outside consultant to prepare the draft Source Reduction and Recycling Element, with staff participating in the required CEQA documentation. He noted that most all cities have either hired additional staff or retained a consultant to accomplish this requirement. Mr. Archibold stated if action is postponed until January the award would not take place until February. He estimated the cost for such services to be between $30,000 to $35,000, a portion of that cost offset by salary savings as a result of employee vacancies in the city Manager's office and in the Public Works Department, noted that each city is either absorbing the costs or passing them I- on to the consumer, also that the city did not receive the grant funds that had been applied for. Ms. Marie Antos, 17th street, expressed her opinion that this matter should be discussed at an evening meeting to allow public comments, and irregardless of deadlines, there are other alternatives available. Councilmember Forsythe suggested that coordinating with another city and their consultant be given consideration. Councilman Hunt pointed out that at the present time staff is merely requesting authorization to seek and receive proposals to prepare the SRRE. Discussion followed. Hunt moved, second by Laszlo, to authorize the Acting City Manager to accept proposals for the preparation of a Source Reduction and Recycling Element to comply with Assembly Bill 939. Councilmember Hastings said she felt staff should have commenced work on the required SRRE previously, therefore would vote against the motion. AYES: NOES: Forsythe, Hunt, Laszlo, Wilson Hastings Motion carried AWARD OF BID - ASBESTOS ABATEMENT - COMMUNITY CENTERS - PROJECTS 620 and 621 Bids were received for Projects Numbered 620 and 621, Asbestos Abatement at the North Seal Beach and Marina Community Centers until December 13, 1990, 8:30 a.m., at which time they were publicly opened by the city Clerk as follows: Diversified Asbestos Technology Co., Inc. $12,480 Omni Environmental, Inc. 32,856 Marina North Seal Beach $27,360 11,364 I Total $39,840 44,220 Staff explained that the award of bid was before the Council at this time because the work is scheduled to commence on January 2nd, and that the Recreation Department has rescheduled the classes normally held at the Centers to 12-17-90 accommodate this work. Laszlo moved, second by Hastings, to awarded the bid for Projects 620 and 621 to Diversified Asbestos Technology, Inc. in the amount of $39,840, and authorized the Acting City Manager to execute the contracts on behalf of the City. I AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried CLOSED SESSION The Acting City Manager announced the Council would meet in Closed Session to discuss items relating to claims and pending litigation. Laszlo moved, second by Hastings, to adjourn to Closed Session at 10:11 a.m. AYES: NOES: Forsythe, Hastings, Hunt, LaSZlo, Wilson None Motion carried The Council reconvened at 11:48 a.m. with Mayor Wilson calling the meeting to order. Councilmembers Forsythe and Laszlo were absent at the time the meeting reconvened. The Acting City Manager reported the Council had met in Closed Session with the city's liability attorney, Mr. Ivan Stevenson, to discuss the items previously announced. Councilman Laszlo joined the Council in session. I ORAL COMMUNICATIONS Mayor Wilson declared Oral Communications open. Ms. Carolyn Lindberg, 385 Mira Loma Place, Costa Mesa, spoke regarding the Grand Jury investigation of the Police Department and report which she said found Chief Stearns guilty of nepotism and resulted in her dismissal after twenty-five years of service, that the Civil Service Board reached the same conclusion as the Grand Jury, yet the City Council said although it may have occurred their hands were tied as to taking any action because those persons that were with the City at that time are no longer in City employment, the nepotism charge was dropped and action was taken to revise the city rules and regulations. She said the Council also took action to appoint a second Civil Service Board to consider compensation in her case, and although the gesture is appreciated and it is felt some compensation is due, the important issue is a needed change at the Police Department, the problem is not the lack of rules, but the lack of leadership to see that the rules are enforced. Ms. Lindberg stated the Grand Jury report also found that favoritism, a high rate of stress retirement, harassment and conflict of interest do exist and needs attention, and claimed that a number of past employees had told the former City Manager of inequities at the Police Department yet that was ignored. There being no further comments, Mayor Wilson declared Oral Communications closed. I ADJOURNMENT After brief discussion, Laszlo moved, second by Wilson, to schedule an adjourned meeting for Monday, January 7, 1991 at 7:00 p.m. if it is felt necessary based upon the amount of business to be conducted on the regular meeting of January 14th. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried The meeting was adjourned by unanimous consent at 11:57 a.m. 12-17-90/12-24-90/1-7-91 lerk and ex-of of Seal Beach of the Approved: ~~ -{. ~~ Mayor I Attest: NOTICE OF CANCELLED/ADJOURNED MEETING The City Council of the City of Seal Beach did, at their regular meeting of December 10, 1990, take action to cancel the regular City Council meeting of Monday, December 24, 1990. Pursuant to the Council action to cancel the regular December 24th City Council meeting, the regular meeting of the Seal Beach Redevelopment Agency scheduled for December 24th was likewise cancelled. Further, the City Council did, at their regular adjourned meeting of December 17, 1990, determine to adjourn the cancelled December 24th meeting until Monday, January 7, 1991, at 7:00 p.m. I Seal Beach, California January 7, 1991 The City Council of the City of Seal Beach met in regular adjourned session at 7:03 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Forsythe, Hastings, Hunt, Laszlo Absent: None Also present: Mr. Archibold, Acting city Manager Mr. Barrow, Assistant City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk I CONTRACT SERVICES - CITY ENGINEER The Acting City Manager noted the recent res~gnation of Mr. Dennis Jue as the City's Public Works Director/City Engineer, and reported receipt of three proposals to provide