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HomeMy WebLinkAboutCC Min 1991-01-07 12-17-90/12-24-90/1-7-91 ci "clerk and ex-of 1 Ci of Seal Beach of the Approved: ~~~.J1/~ 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 J e M. Yeo, C1ty 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 ~AT,L 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 resignation of Mr. Dennis Jue as the city's Public Works Director/City Engineer, and reported receipt of three proposals to provide I I I ) 1-7-91 interim engineering services, BSI Consultants, Inc. proposing twelve hours per week at a cost of $95.00 per hour, Evans & Associates proposing fifteen to twenty hours per week at a. .cost of $100.00 per hour, and Willdan Associates proposing twenty hours per week at a $108.00 per hour rate for the services of Mr. Jue. Based upon the number of projects currently in some phase of the process and the knowledge of those projects by Mr. Jue, he recommended the contract for engineering services be awarded to Willdan Associates. In response to Council, the Acting city Manager explained that although the proposal contemplates a maximum of twenty hours per week, the actual hours would more realistically be ten to fifteen, and stated he had not solicited interest in the position of any local retired professional engineer. Discussion followed with regard to the work associated with a number of upcoming projects, the Waste Management Plan, Congestion Management Plan, water conservation mentioned specifically, and the savings that could be realized through the services of Mr. Jue given his familiarity and experience with the city. Mr. Archibold said that the Public Works Supervisors would be reporting directly to him or to the contract engineer if engineering expertise is needed, that the actual number of hours worked would be logged, the hours could be on an as- needed basis, and that Willdan would be available to provide the services within approximately two days. An objection was raised with regard to specifying a minimum number of hours per week, and in turn it was indicated that more hours may serve allow continued work on the backlog of tasks. Councilmember Forsythe moved to retain willdan Associates to provide engineering services until such time as there may be a retired engineer in the community that could provide these services on a part-time basis at a lesser rate. Councilmember Hastings seconded the motion. Councilmember Hastings requested the Acting City Manager to call an organizational meeting of the Solid Waste Advisory Committee, called for a point of order and vote on the motion. It was the order of the Chair to declare a recess at 7:27 p.m. The Council reconvened at 7:34 p.m. with Mayor Wilson calling the meeting to order. Discussion continued with the Assistant City Attorney explaining the procedure that typically occurs upon call for the question, noting also that the need for further discussion is within the discretion of the Mayor. It was clarified that the contract services would be on an as- needed basis not to exceed twenty hours per week until such time as another interim engineer is retained or the Director of Public Works/City Engineer position is filled. AYES: NOES: Forsythe, Hastings, Laszlo, Wilson Hunt Motion carried PROPOSED BALLOT MEASURES Mayor Wilson noted the nine ballot measures proposed for Council consideration, and said she felt the voters at the last general election evidenced their dissatisfaction with the number of measures on the ballot. Councilmember Forsythe also questioned the reasoning, need for, and ultimate impact of the various measures proposed, stated her position with regard to the initiative would be a simple yes or no ballot question, and members of the Council would then have the opportunity to express their position on that matter to the voters. She noted that the Specific Plan 1-7-91 Committee developed a plan that reflected the resolution denying the Hellman Specific Plan Amendment, however pointed out that there is inadequate time to prepare the appropriate studies of that plan, that there is yet no specific wording for an alternative measure, even though she felt there are alternative uses of the Hellman property to reflect the findings adopted by the Council. Councilmember Hastings I said she felt the Council has an obligation to provide the voters with an alternative. Councilman Laszlo agreed with Councilmember Forsythe, explaining that even though he initially felt the city could take advantage of the special election to consider other matters, he believed it would be difficult to provide the voters with adequate information on each of the measures. Councilmember Hunt also voiced his objection to considering the various other ballot measures. Councilman Hunt moved to table all of the ballot questions listed on the agenda as 1) the Hellman Specific Plan Measure; 2) the Specific Plans and Planning Unit Development Measure; 3) the Open Space, Parks and Golf Courses Measure; 4) the Residential zoning Measure; 5) the Large Parcel Development Measure; 6) the Height Limit Measure; 7) the Campaign Financing Measure; 8) the Utility User Tax Measure; and 9) the Citywide Councilmanic Election Measure. Brief discussion followed and there was no second to the motion. Councilman Laszlo moved to remove from consideration all of the ballot questions with the exception of the Hellman Specific Plan measure as suggested by the Committee, to allow future consideration of placing that question on the ballot as a regular or advisory measure. Mayor Wilson seconded the motion. Councilmember Forsythe stated she would not want to place a question on the ballot that could possibly be approved yet the city could not carry out, therefore it would be necessary to develop appropriate wording for such measure. Councilman Hunt again suggested that the proposed questions be tabled for this meeting only, thus allowing consideration of the Specific Plan Committee plan or any of the other proposals at an upcoming meeting. Mayor Wilson withdrew her second of the motion. Councilmember Hastings seconded the motion. I AYES: NOES: Forsythe, Hastings, Laszlo Hunt, Wilson Motion carried Councilman Laszlo asked that the Hellman Specific Plan Committee measure be placed on the next agenda. COUNCILMANIC DISTRICT BOUNDARIES Councilman Laszlo showed a map of the areas contained in Councilmanic Districts Two and Four, and requested a change of the Council boundaries, fOllowing Lampson Avenue, placing the Bixby property and the Arco site in College Park East District Four, however would not affect the residential dwelling units in College Park East District Two. Mayor Wilson questioned the proposed change, noting that a I committee will soon be formed to adjust the Council districts based upon the federal census, and offered that the area proposed for change is as contiguous to District Two as it is to District Four. Councilman Laszlo stated he did not have faith in the census, that the boundaries did not change as a result of the last census, and at one time College Park East residents petitioned to have all of that area placed in one district. Councilman Laszlo moved to change the boundaries of Councilmanic Districts Two and Four to place the Bixby . I ~ 1-7-91 I property, following the south edge of Lampson to Seal Beach Boulevard, and the Arco site, in District Four. He clarified that the change would not include the College Park East residents that are presently in District Two. Councilmember Hastings seconded the motion. Councilman Hunt expressed opposition to the proposed change since there is a requirement to form a committee to consider and act on the federal census data that will be forthcoming within a couple of months, and noted that District Two is contiguous to and encapsulates the majority of the Bixby property where District Four is contiguous to only a small portion of that property, that the boundaries as established meet constitutional requirements and the city Charter, and they can only be changed if determined to be unconstitutional, unfair, or illogical. Councilman Hunt requested that the city Attorney thoroughly review the Charter provisions relating to councilmanic boundaries. Councilmember Hastings read a January 3rd memorandum from the Assistant City Attorney that determined the present boundaries may be amended provided that the resulting districting scheme must comport with constitutional requirements and the standards of Section 515 of the Charter. I Councilman Laszlo again stated his motion to direct staff to draft an ordinance to change the boundaries of District Two and District Four as previously stated. In response to Mayor Wilson, Councilman Laszlo stated the reason for the requested change is because any time there is reference to the Rossmoor Shopping Center, the Arco site, or the Bixby property, the District Two representative, Mayor Wilson, claims those sites to be in her district, yet the residents of College Park East feel those areas should be in District Four. Councilman Hunt argued that based upon the wording of the Charter, a determination would need to be made that the existing boundaries are either unfair or illogical to allow a change at this time, whether or not the subject land contains any people, and further, the fact that the land is more contiguous with District Two than District Four needs to be taken into consideration. I Councilmember Forsythe suggested this item be placed on an upcoming agenda, in the meantime the staff provide a detail showing the existing district boundaries, any foreseeable adverse repercussions as a result of such change, and that the Census Bureau be contacted to determine when their data may be forthcoming to the City, and so moved. In response to Council, the Director of Development Services confirmed that there has been a challenge of the census numbers with regards to the number of housing units in areas of the community, which is the only challenge available to the City as to the accuracy of the census, that within the last week a response has been received indicating the Bureau would be reviewing certain areas in the City within approximately sixty days, and that they anticipate the final census count for the total citywide population about April or May. He noted however that the block census figures are not expected for another nine to twelve months. There was no second to Councilmember Forsythe's motion, however the original motion was amended to include the requests of Councilmember Forsythe, to be placed on the agenda for January 28th. Staff noted that the Engineering Department will need to prepare the legal descriptions of the districts to amend the Code, and should that take greater time, the concept, maps, and other materials could be placed on the agenda, and based upon the determination of the Council, an ordinance could be prepared containing the 1-7-91 legal descriptions. Councilman Hunt reiterated his request that the City Attorney reanalyze Section 515 of the Charter to determine if there is a legal right to adjust the boundaries prior to taking action on the 1990 census data, based primarily on the terms fair and logic. The Assistant city Attorney stated that as pointed out in the memorandum, they had not evaluated the redistricting proposal in light I of those particular standards of the Charter wording, however upon the direction of the Council a legal opinion as to constitutionality could be provided, as well as some opinion as to the parameters of' fair and logical', and 'as nearly as practicable, constitutes natural areas of contiguous and compact territory', yet the latter are basically policy issues. Vote on the motion as amended: AYES: NOES: Forsythe, Hastings, Laszlo Hunt, Wilson Motion carried HELLMAN PROPERTY REZONING Councilmember Hastings moved to rezone the Hellman Ranch property based on public safety issues as identified in Resolution Number 3937 and to bring the zoning into conformity with the recommendations of the Hellman Ranch Specific Plan Citizens Committee. Councilman Laszlo seconded the motion for discussion. The Assistant City Attorney advised that to rezone the property, unless by four fifths vote of the Council, it would necessitate going through the planning and zoning procedures, requiring public hearings before the Planning Commission and City Council, and that there should be an explanation of the current I zoning of that property. The Development Services Director reported current zoning is SPR, the existing Specific Plan, approved some years back, calls for seven hundred seventy- three units, that Plan considered and revised over the years, with the last revision being denied by the Council, that there is a pending initiative measure that would redesignate the property for three hundred twenty-nine units, and that the City is now in receipt of an application for a project as set forth by the initiative, for which the initial review has been initiated to determine what additional analysis might be necessary to allow it to go before the Planning Commission and City council under public hearing. Councilmember Hastings said she believed that would not deter the Council from taking action to rezone the property through the public hearing process, that the seven hundred seventy-three plan had not been approved by the Coastal Commission therefore is invalid, and it was her feeling this property is not fit for residential use which was the basis for her vote against the project proposed for the Hellman property. Councilmember Forsythe indicated her desire to discuss the proposal further, however felt there was need for cautioned discussion as a result of the pending litigation, and suggested a closed session. Councilmember Hastings said she had been informed that the litigation, I appeal, resubmitted application, and the initiative are separate entities, that her concern lies with safety issues of the property, and spoke for commencing the public hearing procedure before the new application is considered. councilman Hunt suggested that caution be exercised in taking such action as proposed, and read an excerpt from a January 2nd communication from Mr. Robert Epsen, legal counsel to Hellman Properties, relating to the Hellman Ranch conceptual Plan prepared by the citizens committee, also Hellman Properties regard of the recommendation as a potential adverse taking of the property, threat to their 1-7-91 private property rights, provocation of litigation, and potential termination of the Gum Grove Park lease. I CLOSED SESSION As indicated by a request of the Council, the Assistant City Attorney announced that the City Council would meet in Closed Session pursuant to Government Code section 54956.9(a) regarding pending litigation in the case of Mola Development Corporation versus City of Seal Beach. AGENDA AMENDED Councilman Laszlo moved to amend the agenda to first discuss suggestions to improve the City's financial future. Councilmember Hastings seconded the motion. AYES: NOES: Forsythe, Hastings, Laszlo Hunt, Wilson Motion carried I Councilman Laszlo stated that Seal Beach, like other cities, are facing a challenging financial future and should now plan for years to come to insure an improved business economic outlook. He suggested that 1) the Assistant City Manager commence exploratory discussions with the City of Los Alamitos for a joint police department where savings can be realized as a result of less dispatchers, less administration, and a more economic deployment of personnel; 2) since retail sales makes the difference between financial security and an economically depressed city, and since the Rossmoor Center is not close to its potential, the Assistant city Manager contact the owners of the Center to determine their future plans, then schedule a meeting between the owners, himself and Mayor Wilson to discuss various means of assisting the Center financially; 3) that representatives of the Downtown Business Association should meet with the individual members of the Council to discuss possible improvements to the business community; and 4) that certain fees and taxes be applied to new development to pay for certain services and improvements, specifically the Environmental Reserve Tax. CLOSED SESSION The Council adjourned to Closed Session at 9:10 p.m. pursuant to the previously announced authority. The Council reconvened at 10:05 p.m. with Mayor Wilson calling the meeting to order. The Assistant City Attorney reported the Council had met in Closed Session to discuss the item previously announced, and threatened litigation pursuant to Government Code Section 54956.9(b), and that no action was taken. The previous motion and second to rezone the Hellman property was withdrawn by Councilmember Hastings and Councilman Laszlo. I Councilmember Hastings moved to direct staff to perform the necessary review and schedule public hearings to consider implementation of the Hellman Specific Plan Committee recommendation, and to reflect the public safety issue as referenced in Resolution Number 3937. Councilman Laszlo seconded the motion. In response to Council, the Assistant city Attorney said he believed the action to study the property would be consistent with Resolution Number 3937 and perhaps develop an alternative, however that is a policy decision of the City Council. In response to various questions of the Council, the Assistant City Attorney offered that presuming the initiative is approved by the voters, and presuming further environmental studies were to 1-7-91 confirm theories that have been previously expressed regarding the Hellman property, that would then be a dilemma that would need to be addressed, that Resolution 3937 set forth concerns regarding the property and whether the mitigation measures were sufficient to address those concerns, the Resolution also requested additional information regarding a number of issues and should further studies be performed, he said he did not believe that would weaken the city's legal position or strengthen or weaken the action taken by the Council to deny the project based upon evidence presented, and although it is speculative as to what new evidence might show or what impact it may have, it could possibly strengthen the initiative or the new application. Mr. Galen Ambrose, Seal Beach, inquired if it is customary for a court to review all of the reasons for a Council action and overrule a Council decision, when that decision has been made in good faith to protect the citizens. The Assistant city Attorney explained that typically courts show a considerable deference to a legislative body, however there are cases where the courts feel there is insufficient evidence to support a Council decision, and in those cases may decide to superimpose their judgment over the city Council decision, and confirmed that the Council has the right of appeal to the appellate court, also petition of the Supreme Court. with reference to the Hellman communication, Mr. Ambrose said an outside legal review of the Committee's Specific Plan language was that there was no taking of property. Councilmember Hastings restated her motion to direct staff to perform the necessary review concerning public safety as outlined in Resolution Number 3937 and schedule the necessary public hearings to consider implementation of the Hellman Specific Plan Committee recommendation. It was clarified that the review would more than just the issues raised in the Resolution, however would focus on those issues. Councilman Laszlo seconded the restated motion. Councilman Hunt again indicated opposition to the motion, and stated the result of this action would merely be an initiative that would be advisory in nature. AYES: NOES: Forsythe, Hastings, Laszlo Hunt, Wilson Motion carried I I CITY COUNCIL CONCERNS Mayor Wilson reported receipt of a letter from Captain Holl of the Naval Weapons station inquiring as to the City'S participation in a demonstration of a model of the Anaheim Bay modernization proposal at the Water Experiment station in Vicksburg, Mississippi, on January 17th. Councilmember Hastings said she would like to see someone from the Surfs ide and Seal Way areas, a representative of the Council, and any other interested persons attend the demonstration. After brief discussion, the Council indicated consensus to authorize either Councilmember Laszlo or Councilmember Hastings, or both, to attend the I . demonstration, that the staff inquire if the demonstration will be held on more than one date, obtain additional information, and make arrangements for attendance. Mayor Wilson said copies of the letter would be provided to the Council. Councilmember Forsythe reported receiving a complaint regarding the issuance of street sweeping parking citations the day after Christmas, and requested that there possibly be an exception made for such days in the future. The Acting city Manager suggested that the street sweeping schedule could be modified during the holidays. Councilman Laszlo noted the police Department has the discretion to not 1-7-91 I issue citations. with regard to enacting a procedure to charge for police calls as a result of disruptive parties, the Assistant City Attorney noted that issue is addressed in Chapter 14A of the Code, and the Acting City Manager explained that typically a warning is given for the first call with the ability to issue a citation upon a second call. Councilmember Forsythe said she had become aware of state funding that will become available to schools built prior to 1967 for structural reenforcement, and since all of the Los Alamitos schools were built prior to that time, specifically McGaugh School given its proximity to the Newport/Inglewood fault line, may qualify for such funding, therefore suggested staff coordinate with the School District to make application for those funds. She reported the state is also looking to charge the consumer an advance refuse fee on most everything that is purchased, therefore it is important that the Solid Waste Committee meet and proceed towards developing a recycling program at the earliest possible time. Councilmember Forsythe requested that consideration be given to scheduling a workshop of all members of the City Council at the earliest possible time, that a facilitator be engaged to assist the Council in prioritizing goals for the upcoming year and how those goals can be achieved. The Acting City Manager noted at the next meeting he would request the Council schedule an initial workshop on the next fiscal year budget. Councilmember Hastings read a letter from the Cable Communications Foundation expressing appreciation to Mr. Pete Arnold for his contribution towards developing the public access guidelines for the Board and recommending that the City Council acknowledge his leadership in the area of public service. Councilmember Hastings requested that an appropriate acknowledgment be prepared for Mr. Arnold. Councilman Laszlo again requested that the Acting City Manager explore the possibility of a joint police department. Councilmember Hastings inquired about information she had received that there are ten or eleven Police Department personnel off duty due to injuries and stress related disabilities, and suggested there is a considerable amount of overtime being paid as a result of the personnel shortage. The Acting City Manager confirmed that several persons are presently off duty, and offered to provide the Council with the exact number. Councilman Hunt said he was aware that Chief Stearns is in close contact and coordination with the Los Alamitos Police Department, considerable interchange that effects the economies of both departments, however he did not believe it would be advisable to indicate there is an effort towards a common police department, but rather towards improved economics, reliability between the departments, commonized equipment, communications, etc. Councilman Laszlo said there could likely be personnel savings in the areas of dispatchers and administration, and the uniformed personnel may see such a proposal as job opportunities. He said his request was to explore at the matter, determine if there would be a savings, if there is interest in the proposal, and also to expand cooperation between the departments. The Acting City Manager noted for the past two years staff has been exploring the possibility of combining the dispatchers and have only minimally looked at combining the officer force. Councilman Laszlo reiterated his request for staff to contact the owners of the Rossmoor Center, seek their plans for the Center, and schedule a meeting to discuss improvements to that area that would increase sales tax. Mayor Wilson stated the retail sales of the Center have been gradually improving. Discussion continued. Councilmember Forsythe suggested that a letter be forwarded to the owners I I 1-7-91 of the Center inviting them to a meeting to discuss the potential ways the city can be of help to them. A consensus to that suggestion was indicated by a majority of the Council. Councilman Laszlo again stated his desire to meet with members of the Downtown Business Association on an individual basis prior to a full meeting with the Council, and he felt their committee was one-dimensional and had no I political or citizen input. Councilmember Hastings said that before a meeting between the Council and the Business Association is scheduled she would request that copies of the minutes of the Retail Sales Committee be provided the Council. Councilmember Laszlo also reiterated his request that the Environmental Reserve Tax be reinstituted where those funds could be used for environmentally sensitive projects such as resurfacing tennis courts, repair of the groin, etc. Mayor Wilson reported a communication from a College Park West resident regarding a potential recreational vehicle parking area that could be located adjacent to the College Park West entrance, fenced for security, and house approximately ten vehicles, and that CalTrans has indicated their approval of the use of their land. She requested a consensus of the Council to allow assistance by the engineering staff if needed and with blacktopping of the area. At the request of Council, the Acting City Manager stated he would provide a report regarding the exact location of the property and an estimate of staff time. ORAL COMMUNICATIONS Mayor Wilson declared Oral Communications open. Mr. Charles Antos, 328 - 17th Street, suggested in the future the legal action filed by Mola Development be referred to as the I Hellman/Mola lawsuit given their partnership. He noted the Hellman threat of another lawsuit and withdrawal of the nonexistent Gum Grove Park lease, stated the gas that is presently flared on the Hellman property is not covered by the EIR nor has it been addressed in past applications to redrill their wells, and charged that the flare is a by- product of the oil production. The Director of Development Services stated in the 1981 and 1987 EIR's there was general discussion of gas distribution lines on the property however there was no specific information as to the source, destination, or quantity of product transported through the lines. He said he did not recall discussion of a gas by- product produced on the site as part of the oil production, and information from the Division of Oil and Gas indicates there are no gas wells on the property. The Director said at this time he had no information as to the type of construction materials of the lines, when they were built, or the volume being pumped through those lines to a point in Long Beach, however staff is attempting to obtain that information from the Division of oil and Gas, which will be forthcoming to the Council. Mr. Antos asked that any new information relating to production on the Hellman land be included in any further environmental review. In response to Council, the Acting City Manager said he believed the I City receives periodic reports of the quantity of product and the tax that the City receives from oil and gas production. Mr. Galen Ambrose, Wetlands Restoration Society, announced that the Wetlands Society would be on a local cable program in February to inform people of the value of wetlands, and that a program relating to the Newport Back Bay will be shown periodically in the community. Mr. Ambrose expressed his dissatisfaction with the appearance of the Rossmoor Center, suggested there should be attempts to beautify the City, possibly a median strip with trees on Seal Beach Boulevard, questioned the 1-7-91/1-14-91 I future plans of the Center given the proposal of Bixby also for retail, suggested the need for additional police protection is one issue that should be looked into when considering any new projects, as well as water concerns, landfills, etc., and claimed the environment is being destroyed for the profit of developers. Mr. Ambrose stated a new EIR should be required for the recent Mola application. There being no further comments, Mayor Wilson declared Oral Communications closed. ADJOURNMENT with unanimous'consent of the council, Mayor Wilson adjourned the meeting at 11:37 p.m. erk and ex-offl of Seal Beach Cl ci Approved: - ~~ 1;. '2/~ Mayor Attest: I Seal Beach, California January 14, 1991 The city Council of the city of Seal Beach met in regular 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 Ms. Lynch, Assistant to the city Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk I WAIVER OF FULL READING Hastings 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: Forsythe, Hastings, Hunt, LaSZlo, Wilson None Motion carried