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HomeMy WebLinkAboutCC Min 1996-04-22 4-8-96 / 4-22-96 Approved: ~ ~ ... ,- lerk and ex-off1c1o Beach of. ,the I Attest: Seal Beach, California April 22, 1996 . The City Council of the city of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Forsythe, Laszlo Absent: None Vacancy: One I Also present: Mrs. Yeo, city Clerk APPROVAL OF AGENDA Laszlo moved, second by Forsythe, to approve the order of the agenda as presented. AYES: NOES: VACANCY: Brown; Forsythe, Hastings, Laszlo None One Motion carried ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION Mayor Hastings announced that the Council would 'adjourn to Closed Session to discuss the item identified on the agenda, a conference with the city's real property negotiator pursuant to Government Code Section 54956.8 relating to price and terms of payment of the First Street Beach Concession. By unanimous consent, the Council adjourned to Closed Session at 6:32 p.m., joining the City Manager and city Attorney. The Council I reconvened at 6:50 p.m. with Mayor Hastings and Councilmembers Brown and Laszlo present. The city Attorney reported the Council had discussed the item identified on the agenda and no action was taken. ADJOURNMENT Brown moved, second by Laszlo, to adjourn the meeting at 6:50 p.m. I I I 4-22-96 AYES: NOES: ABSENT: VACANCY: Brown, Hastings, Laszlo None Forsythe One Motion carried " Approved: the Attest: Seal Beach, California April 22, 1996 The city Council of the City of Seal Beach met in regular session at 7:05 p.m. with Mayor Hastings calling the meeting order with the Salute to the Flag. to ROLL CALL Present: Mayor Hastings Councilmembers Brown, Forsythe, Laszlo Absent: None Vacancy: One Also present: Mr. Till, city Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, City Engineer/Director of Public Works Ms. McGlynn, Recreation Supervisor Mrs. Yeo, city Clerk APPROVAL OF AGENDA Mayor Hastings requested that Items "K, L, 0 and T" be removed from the Consent Calendar for separate consideration, Councilman Brown requested Item "N" removed, and Councilman Laszlo asked that Item "E" be. removed. Brown moved, second by Forsythe, to approve the order of the agenda as revised. , AYES: NOES: VACANCY: Brown, Forsythe, Hastings, Laszlo None One Motion carried PRESENTATION / INTRODUCTION - MAN/WOMAN OF THE YEAR NOMINEES Ms. Kathleen McGlynn, Recreation Department Supervisor, introduced and/or highlighted the volunteer accomplishments of the persons nominated for 1995 Man and Woman of the Year, Mmes. Jerrie Burton, Lisa ChattIer, Joyann "Sam" Smoot, Jane vineyard, 4-22-96 Carla Watson, and Messrs. Jack Haley, Don Outland, Perry Watson and George wills. Council congratulated all of the nominees for their volunteer efforts as well as Ms. McGlynn for the Man and Woman of the Year program and presentation. ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Ms. Teri I Quinlan, on behalf of the public access producers, informed the Council that they had prepared a draft list of concerns relating to the cable franchise renewal, as had been requested by the Council, and requested that the finalized list be agendized for the next meeting. The City Manager stated that although their report could be agendized it will be of greater use during the negotiation phase, at this point a committee of residents and Foundation representatives is being formed, and interviews will be conducted commencing this week for a consultant to act as the negotiator on behalf of the city. Ms. Quinlan offered to provide City staff with their draft report the following day. Mr. Bruce Stark, Seal Beach, spoke of former police officer Kim Lockley and the finding of a judge that he had been discriminated against, urged that he be reinstated with full back pay as ordered by the workers comp judge, and that the City not appeal the decision. Mr. Stark once again suggested that the city contract with the County Sheriffs Department for police services, at least do a cost estimate to determine the savings, the County would then assume the cost of the 800 MHz communication system, the officers would become part of the Sheriffs Department, and charged that the local Department has had problems for years. He suggested as well that a citizens committee be appointed to review the proposed budget even if their recommendations are not accepted. Mr. Gordon Shanks, Surf Place, noted that the issue Mr. Stark spoke of dates back eight I years or more, it shows that there have been some problems in the Police Department and they have not been resolved, which he said is a management problem, also his understanding was that the city met with the judge in this matter, it was not a trial situation. He pointed out the scenario however of the many persons who have made donations in support of the Police Department for the substation at the pier, another substation a possibility in the north portion of the City, and then the City receives bad publicity for a situation like Lockley. Mr. Shanks asked if the Council is actually aware of what the problems are at the Police Department. There being no further comments, Mayor Hastings declared Oral Communications closed. COUNCIL ITEMS MAYOR PRO TEMPORE Brown moved, second by Hastings, to appoint Councilman Laszlo as Mayor ProTem pending the seating of the new councilmember and Council reorganization. AYES: NOES: ABSTAIN: VACANCY: Brown, Forsythe, Hastings None Laszlo One Motion carried I VACANCY - DISTRICT FIVE COUNCIL REPRESENTATIVE Mayor Hastings announced the names of the five persons having indicated an interest in filling the District Five vacancy on the City Council, Messrs. Harry R. Fulton, John C. "Jack" Nevin, Vincent Spinosa, Henry M. Glunz, and Alex H. Brett. The Mayor stated the intent of the Council to adjourn this meeting until Monday, April 29th to meet with those persons, and'invited that questions from the public' be submitted through the"'City Clerk. I I I . ....~ '..I' . 4-22-96 CONSENT CALENDAR - ITEMS "0" thru "T" Brown moved, second by Hastings, to approve the recommended action for items on the Consent Calendar as presented, except Items nE, X, L, N, 0, and T", removed for separate consideration. D. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmemhers unless specific request is made at that time for the reading of such ordinance or resolution. F. App~oved regular demands numbered 12213 through 12339 in the amount of $493,836.31, payroll demands numbered 16337 through 16527 in the amount of $252,413.19, and authorized warrants to be drawn on the Treasury for same. G. Approved the minutes of the April 8, 1996 regular adjourned and regular meetings. H. Adopted Resolution Number 4454 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH INDICATING AGREEMENT TO BECOMING A TRANSPORTATION PARTNER WITH THE CENTER FOR LIVABLE COMMUNITIES." By unanimous consent, full reading of Resolution Number 4454 was waived. I. Received and filed the status report regarding the request for continuance of the public hearing, Negative Declaration 94-1, General Plan Amendments 94-1A, 94-1B, and Zone Change 94-1 (99 and 101 Marina Drive, Exxon Corpi Unocal and City of Seal Beach as lessee), instructed staff to readvertise for hearings upon completion of the environmental monitoring and concurrence with Exxon as to the appropriate time to readvertise the hearings, in accordance with Council direction of March 11, 1996. Received and filed the staff report relating to the receipt of the Draft Environmental Impact Statement for the Disposal and Reuse of Long Beach Naval Station, instructed staff to forward same to the Environmental Quality Control Board and Planning Commission for information purposes, authorized staff to review the DEIS document in light of the issues set forth by city response letter to the Notice of Intent to Prepare DEIS of November 28, 1995, and to prepare a draft response letter for consideration by the EQCB and city Council if necessary. J. M. Proclaimed the month of April, 1996 as "Child Abuse Prevention Month." P. Received and filed the staff r~port relating development of regulations regarding 'sidewalk signs' as part of the proposed Main Street. Specific Plan, and authorized staff to proceed with appropriate requirements to be 4-22-96 Q. incorporated into the proposed Main street Specific Plan. Adopted Resolution Number 4455 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RECITING THE FACTS OF THE PRIMARY MUNICIPAL ELECTION HELD IN THE CITY OF SEAL BEACH ON THE 26th DAY OF MARCH, 1996, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW." By unanimous consent, full reading of Resolution Number 4455 was waived. I R. Received and filed the staff report relating to the Notice of Preparation of a Environmental Impact Report for the merger of Huntington Beach Redevelopment Project Areas, instructed staff to forward same to the Environmental Quality Control Board and Planning Commission for information purposes, and authorized the Mayor to sign the response letter relating thereto. S. Received and filed the staff report relating to SB 1590, Santa Clara/Guardino Implementation Legislation, and authorized the Mayor to sign the proposed comment and thank you letters. AYES: NOES: VACANCY: Brown, Forsythe, Hastings, Laszlo None One Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "E" - SB 1896 - TELECOMMUNICATIONS PERMIT COST RECOVERY LEGISLATION Councilman Laszlo questioned the intent of SB 1896, whether this legislation proposes to not allow the collection of franchise fees. The Director of Development Services explained that franchise fees could be collected for the use of right-of-way however when an excavation permit is issued for the purpose of installing new cable in a street, as an example, the public agency would not be allowed to charge the company for the cost of repairing/resurfacing the street, it would be a city expense, thus only a charge for the issuance of the permit would be allowed. He clarified that this is State legislation, federal legislation has been passed that would allow cities to charge back to the service provider the cost of repair and replacement. He noted that this legislation has been approved by one Senate Committee, is scheduled to be considered by the Senate Housing and Land Use Committee on May 6th, thus the recommendation to communicate opposition to this legislation as proposed. Councilman Laszlo mentioned that the City's cable franchise I expires in about a year, is being renegotiated, in College Park East as an example, if the franchise is not awarded to Comcast another provider could come into the City and be on an equal .. basis to the present provider. The Manager confirmed that cable is a non-exclusive franchise. Brown moved, second by Laszlo, to authorize the Mayor to sign the letter in opposition to SB 1896, receive and file the staff report, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information. . . I I I 4-22-96 AYES: NOES: VACANCY: Brown, Forsythe, Hastings, Laszlo None One Motion carried ITEM "K" - PROCLAMATION - TODOS SANTOS WEEK Mayor Hastings read in full the proclamation designating the week of May 19th through May 25th, 1996 as "Todos Santos Week." Hastings moved, second by Brown, to so proclaim. AYES: NOES: VACANCY: Brown, Forsythe, Hastings, Laszlo None One Motion carried ITEM "L" - PROCLAMATION - FIRE SERVICE RECOGNITION DAY Mayor Hastings read in full the proclamation designation Saturday, May 11th, 1996 as "Fire Service Recognition Day." Captain Johnson accepted the proclamation on behalf of Chief Holms, the men and women of the Orange County Fire Authority, and extended an invitation to all to visit the fire stations on May 11th. Brown moved, second by Laszlo, to so proclaim. AYES: NOES: VACANCY: Brown, Forsythe, Hastings, Laszlo None One Motion carried ITEM "N" - AIRCRAFT OVERFLIGHTS For information of the public, Councilman Brown explained that from time to time aircraft having a destination of the Long Beach Airport deviate from the flight pattern and fly over Seal Beach, this agenda item a letter to the Long Beach Airport calling their attention to this concern. Brown moved, second by Laszlo, to receive and file the staff report, authorize the Mayor to sign the proposed letter regarding this issue, and requested staff to schedule a meeting with appropriate airport personnel to further discuss this matter. AYES: NOES: VACANCY: Brown, Forsythe, Hastings, Laszlo None One Motion carried ITEM "0" - EL TORO MARINE CORPS AIR STATION - REUSE PLAN - INTENT TO PREPARE DRAFT EIR Mayor Hastings expressed her preference for "Alternative A" of the Marine Corps Air Station El Toro Community Reuse Plan, the conversion of El Toro to a commercial passenger and cargo airport with related aviation compatible uses, and asked if there was a consensus of the Council to favor Plan "A". It was clarified that the request was not to officially support Plan "A" rather to recommend it favorably with regard to the intent to prepare a draft environmental impact report. Plan "A" was felt to be the most suitable to Councilmember Brown, however Councilmember Forsythe said she wished to remain neutral on the reuse. Brown moved, second by Hastings, to receive and file the staff report and that it be forwarded to the Planning Commission and Environmental Quality Control Board for information purposes. AYES: NOES: VACANCY: Brown, Forsythe, Hastings, Laszlo None One Motion carried ITEM "T" - RESOLUTION NUMBER 4456 - HONORING COMMANDER STEADLEY Mayor Hastings read Resolution Number 4456 in full entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH RECOGNIZING AND HONORING COMMANDER JOEL F. STEADLEY", Commanding Officer of the Naval Weapons Station from 1994 to 1996. Brown moved, second by Laszlo, to adopt Resolution Number 4456 as 4-22-96 presented. It was noted that a change of command of the station will take place on April 29th. AYES: NOES: VACANCY: Brown, Forsythe, Hastings, Laszlo None One - Motion carried FIRST STREET BEACH CONCESSION - LEASE/OPERATING AGREEMENT The City Manager described the First Street Beach concession building as being run down and in disrepair largely due to being vacant for a number of years, mentioning that he learned that a local building contractor had been in discussions with the city for some time, expressing an interest in revitalizing the facility and for which preliminary plans have been drawn. He explained that Mr. Balchin has proposed to repair the roof, repair and renovate the interior of the facility, assume the interior and exterior maintenance including the patio area, public restrooms and landscaping and in turn operate the concession and walk-Up window with a breakfast and lunch menu. The Manager stated the lease is for a period of five years, renewable, a minimum rent of $6,000 per year plus any sales tax that is generated, while relieving the City of the restroom and grounds maintenance, a primary objective being the improvement of the entire First Street beach area. Brown moved, second by Forsythe, to approve the First Street Beach Lease and Operating Agreement by and between the City of Seal Beach and Michael E. Balchin as presented. AYES: NOES: VACANCY: Brown, Forsythe, Hastings, Laszlo None One Motion carried CITY MANAGER REPORTS The Manager reported that work has commenced for the removal of the Edison towers along Bolsa Avenue, that temporary poles are being installed pending the completion of the project; discussions are taking place with Ruby's and Seal Beach Anglers to resolve the issue of vehicles on the pier as a result of the tram being out of service; a public workshop is upcoming to discuss a recycling program in the downtown area and a greenwaste program throughout the community, a representative of Briggeman Disposal to be present at that workshop; meetings will be held over the next few weeks with the local and central librarians and the Friends with regard to the funding crisis of the Orange County library system, the impact on Seal Beach and possible resolutions. He requested a report from the Director of Development Services relating to a Planning Commission vacancy. The Director reported that Commissioner Campbell announced her resignation from the Commission at the last meeting due to her upcoming seating as a member of the City Council. He offered that the Council may wish to declare the position vacant to allow additional time for the posting of the vacancy and receipt of letters of interest, with possible announcements of the vacancy in the local papers. Members of the Council pointed out that the customary procedure is that the Councilperson nominates persons from their Council district therefore news articles and letters of interest are not necessary. The city Attorney responded that the law requires the posting of the vacancy, a responsibility that the city Clerk performs, at this time the upcoming vacancy can merely be announced and the newly elected Councilmember may then make an appointment at the May 28th meeting. COUNCIL CONCERNS Councilmember Forsythe requested that research commence on the height limitations and restrictions in the Trailer Park, this 'in response to a concern of a Park resident. Mayor Hastings said I I I I I I ,. " '.' .~ . 4-22-96 there has never been total satisfaction with the survey that was supposedly undertaken regarding the Trailer Park, which should be kept in mind along with the heights, as only every other space can build upwards. Councilman Brown once again expressed appreciation for the efforts of the city and Council last year to acquire the County Library for Leisure World. He reminded also of the Olympic Torch Relay passing through Seal Beach on Sunday morning, April 28th and urged everyone to take advantage of that event. Mayor Hastings clarified that the Torch will pass through at about 3:16 a.m. along Pacific Coast Highway, the Girl Scouts and the Los Alamitos band will participate, some of the coffee houses will be open for refreshments, and it is understood the Relay participant from Seal Beach will pick up the Torch at Anderson Street. As a member of the Orange County Vector Control District Board, Councilman Laszlo reported receiving a briefing on the Orange County bankruptcy, the understanding being that as of Friday the Option B participants supposedly came to agreement with the other Orange County Investment Pool participants. Councilman Brown said the Plan of Adjustment required that all participants reach some kind of agreement, some participants did not agree with Plan A as they wanted to reserve the ability to take legal action against the County, Merrill Lynch and other participants for whatever loss they might incur, the agreement reached was approximately seventy cents on the dollar which in turn relieves the County of its obligation and removes conflicts between the A and B participants, therefore it is now more likely that the judge will approve the Plan. He clarified that the Plan B participants are not receiving the same return as the Plan A participants, the A participants will ultimately recover whatever settlement results from the joint law suit against Merrill Lynch, First Boston, etc., the B participants reserved the right to take legal action individually to recover their losses less the cost of such action. Mayor Hastings applauded the recent Antique Car Show, its success largely due to the efforts of Mr. Ron Bennett, the Lions Club, and the Volunteer Fire Department, a family oriented event. She announced that Seal Beach resident and publisher of the Sun newspaper, Oar Brown, accepted an invitation from the Secretary of Defense to participate in the Defense Department joint civilian orientation conference, an orientation program which exposes civilian participants to American military capabilities with briefings by the Department, visits to military bases in four states, an aircraft carrier, hands-on demonstrations, etc. Ms. Brown was nominated by Commander Steadley, is one of only sixty participants nationwide, and all expenses are paid by the participant. The Mayor announced also that the first RSVP Program will hold a graduation on May 1st at 6:00 p.m. in the City Council Chambers, and invited all to attend. Councilman Brown noted that many of the participants in that Program are Leisure World residents and he took the liberty to extend an invitation to the Leisure World Administrator to attend, a substantial news announcement is also forthcoming. ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Dr. David Rosenman, 8th Street, inquired as to what the RSVP program is, requested that a town hall meeting be held prior to considering the Main Street Specific Plan, stated the Pacific Blue television series, filmed in Seal Beach, has been renewed for another year, to which he suggested that negotiations should take place to obtain credits for the City and its staff. Councilman Brown responded that RSVP stands for "Retired Senior Volunteer Program." A member of the audience advised that the RSVP graduation will be cablecast live. with reference to the Trailer Park and the recent passing of Mr. Dawson, Mr. Gordon Shanks, Surf Place, inquired as to who now has the lease or is 4-22-96 I 4-29-96 overseeinq the operation of the Park, who will the City be dealinq with, to which he suggested that this be looked into. Mayor Hastings responded that the City is monitoring the situation however it will likely be necessary to await the final disposition of Mr. Dawson's estate. There being no further comments, Mayor Hastings declared Oral Communications closed. ADJOURNMENT I It was the order of the Chair, with consent of the Council, to adjourn the meetinq until Monday, April 29th at 6:45 p.m. The meetinq was adjourned by unanimous consent at 8:20 p.m. n ! I Approved: Attest: Seal Beach, California April 29, 1996 I The city Council of the City of Seal Beach met in regular adjourned session at 6:45 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Forsythe, Laszlo Absent: None Vacancy: One Also present: Mr. Till, city Manager Mrs. Yeo, city Clerk APPROVAL OF AGENDA Brown moved, second by Forsythe, to approve the order of the agenda as presented. AYES: NOES: VACANCY: Brown, Forsythe, Hastings, Laszlo None One Motion carried I ORAL COMMUNICATIONS There were no Oral Communications. INTERVIEWS I APPOINTMENT - COUNCILMEMBER - DISTRICT FIVE Mayor Hastings welcomed the five persons that had submitted letters of interest in the vacant District Five city Council position. The applicants, Messrs. Harry R. Fulton, John C.