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HomeMy WebLinkAboutCC Min 1996-07-08 I I I 6-24-96 I 7-8-96 COUNCIL REPORTS Councilmember Campbell made reference to a letter to the editor published last week with regard to trash collection which she deemed in need of clarification and facts. She read her response which explained that she, along with the other members of the Council, voted for residents of the Hill, College Park West and College Park East to receive additional trash bins for greenwaste, not just College Park East; Leisure World has their own recycling program; the State has mandated that all cities reduce their trash by fifty percent by year 2000, separating the greenwaste from the regular trash will allow that to be met; Old Town has never refused to participate in recycling, Old Town has a high number of multi-unit dwellings with large trash bins that has made the development of a recycling program difficult, however Old Town will soon begin a recycling program; Old Town is not participating in the greenwaste program because that area has very little greenwaste; there will not be a charge for the new greenwaste container and no change in the rates; many other cities have these three large containers for trash; the greenwaste containers will be delivered the first or second week of August, and if one wants a smaller size, call before that date. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. via, legal counsel for the Babcock's, apologized to the City Attorney for misstating his name, also stated that Walts Wharf has always been a friend and wants to work with the City. ADJOURNMENT It was the order of adjourn the meeting Closed Session. By at 10:02 p.m. the Chair, with consent of the Council, to until July 8th at 6:00 p.m. to meet in unanimous consent, the meeting was adjourned ~ , I ! I of the Approved: _ ~,-/(JZ ~. {J/ Ra yo Att..t, ~mM~' ((f1 . t! ty Cle I Seal Beach, California July 8, 1996 The City Council of the city of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Fulton ,- " 7-8-96 Absent: Councilmembers Campbell, Hastings Councilmembers Campbell and Hastings arrived during the Closed Session. Also present: Mr. Till, City Manager Mr. Barrow, city Attorney Mrs. Yeo, City Clerk I APPROVAL OF AGENDA The city Attorney advised that there may be two matters of anticipated litigation requiring discussion. Brown moved, second by Forsythe, to approve the agenda as amended. AYES: NOES: ABSENT: Brown, Forsythe, Fulton None Campbell, Hastings Motion carried ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 6:01 p.m. to discuss the items listed on the agenda, anticipated litigation pursuant to Government Code Section 54956.9b(A), a conference with the City'S real property negotiator pursuant to Government Code Section 54956.8 relating to price and terms of payment, 343 and 357 - 12th Street, and a conference with legal counsel regarding -'existing litigation pursuant to Government Code section 54956.9(a). The Council reconvened at 7:10 p.m. 'with Mayor I Forsythe calling the meeting to order. The City Attorney reported the Council had discussed the items identified on the agenda. It was the order of the Chair, with consent of the Council, to recess this meeting until 8:30 p.m. The regular meeting was recessed and adjourned back to this regular adjourned meeting at 8:32 p.m. to meet in Closed Session for continued discussion with legal counsel, pursuant to Government Code section 54956.9(a), regarding existing litigation. The Council reconvened at 9:31 p.m. with Mayor rorsythe calling the meeting to order. The City Attorney reported the Council had discussed the items identified on the agenda. ADJOURNMENT Forsythe moved, second by Hastings, to adjourn the meeting at 9:32 p.m. AYES: NOES: ......... Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried rk and ex-off~c~o Seal Beach I c~ty City Approved: _~,,- _/nZ.:JJ,d~ Mayor C]..,d2Jl-/2 1/'1 c~ty Cle Attest: I I I " . 7--8-96 Seal Beach, California July 8, 1996 The City Council of the city of Seal Beach met in regular session at 7:10 p.m. with Mayor Forsythe calling the meeting order with the Salute to the Flag. ROLL CALL Present: to Mayor Forsythe Councilmembers Brown, Campbell, Fulton, Hastings Absent: None 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 Forsythe removed Item "H" from the Consent Calendar noting that Councilman Fulton would need to abstain from voting on that item, and announced that Item "Q", consideration of the installation of a stop sign at Bayside and Crestview, would be removed from the agenda pending the scheduling of a neighborhood meeting to discuss this matter, and Councilmember Campbell requested that Items "F" and "L" be removed from the Consent Calendar. Brown moved, second by Hastings, to approve the order of the agenda as amended. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings. None Motion carried ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Dr. Rosenman, 8th Street, stated he understood that the pUblic hearing relating to the Main Street Specific Plan had been closed, however said he wished to bring to attention a report prepared in September, 1992 citing census informat~on for tract 995.05 which he claimed to be Main Street, which sets forth the population and the number of on-sale liquor licenses. He stated that according to the Alcoholic Beverage Control there should be eight liquor licenses where there are actually twenty-five. Dr. Rosenman suggested that this data be included in the text of the Downtown Specific Plan for the information of future Councils and Planning Commissions, and noted that off-sale numbers are identified as well. Councilmember Hastings asked if the numbers have changed since 1992. The Director of Development Services explained that the referenced census tract includes licenses in Bay City Center and the ocean side of Pacific Coast Highway, and responded that he was uncertain as to whether the license for BJ's was included in that number. Dr. Rosenman mentioned a license for the liquor compartments in the individual rooms at the Radisson Inn as well. Councilmember Hastings suggested that the numbers be updated and included. In response to Councilmember Campbell, the Director stated the Specific Plan establishes a cap for off-sale licenses but not on-sale licenses, the request of the speaker was to include additional language that addresses the ABC criteria 'for concentration of on-premise licenses, which is not in the document. Mr. Stan Anderson, President of the Business Association, resident, and 7-8-96 business owner, said a concern is that the Specific Plan' originally proposed maximum hours for liquor service of 11:00' p.m. weekdays and 12:00 weekends which has now been changed to 10:00 p.m. and 11:00 p.m. He mentioned that as a restaurant owner he generally closes earlier than he is allowed because anything after midnight sometimes can be more trouble than it is worth, however his extended hours serve as a buffer should he choose to stay open later on occasion, and for Main Street he would like to see a buffer for those times when their businesses are full or during the summer months, provided that the business is a good neighbor and does not pose problems. Mr. Anderson requested that the hours be given further consideration. It was clarified that the hours proposed in the Specific Plan will apply only to new businesses not those that currently exist. Mr. Gordon Shanks, Surf Place, commended the business community for their participation in the public hearing, as was reported in the press. He stated also that the Zucker Consultants prepared a good Plan and they should be apprised of that. Mr. Shanks expressed his opinion that a number of merchants have been unhappy since the time of Hennessy's approval, prior to then some businesses realized more parking than did others, some were allowed to build"while others had to pay fees, to which he commended this and other Councils for trying to resolve the parking issue properly, and stated it is too bad that the cost of in-lieu parking can not be charged to the property owner rather than the business owner. Mr. Steve Leopold, Crestview Avenue, was informed that the matter relating to the stop sign proposal at Crestview and Bayside has been held over pending a meeting of the residents of that area to discuss the issue. Mr. Leopold requested to be notified of the meeting date. There being no further comments, Mayor Forsythe declared Oral Communications closed. COUNCIL ITEMS APPOINTMENTS - BOARDS and COMMISSIONS Archaeoloaical Advisorv Committee Councilmember Hastings reappointed Ms. Sonia Johnston and Ms. Lorraine willey as the District One appointees to the Archaeological Advisory Committee for the one year term expiring July, 1997. The District Five appointee to the Archaeological Committee was held over. Parks and Recreation commission Councilman Fulton appointed Ms~ Cecelia Aaron as the District Five representative to the Parks and Recreation Commission for the unexpired term ending July, 1997. Hastings moved, second by Fulton, to confirm the appointments as stated. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried SUB-COMMITTEE - FISCAL IMPACT REPORT CONSULTANTS INTERVIEWS Mayor Forsythe explained that this item relates to the selection of fiscal consultants, an important component in the process of analyzing future developments. Councilmember Campbell inquired as to how the five firms were selected, and if references and past projects were provided. The Director of Development Services responded that letters requesting qualifications had been sent to eight firms that had expressed an interest in providing such services to the city, of those, the five submitted responses, confirmed that there are most certainly I I I I I I .'i' 7-8-96 other firms with such expertise, and explained that each firm responding provided a list of references, past projects and their clients, at this time the references have not been checked however will be by the time of interviews. Citing the importance of this matter, Councilmember Campbell stated she wished to check the references prior to the interviews and possibly look into other consulting firms, therefore asked that this item be continued. Mayor Forsythe suggested that if Councilmember Campbell wished to sit on the interview panel that is the safeguard as to selection, also, the references and work experience can be verified between now and the interview date, her preference being to not postpone this item. Councilmember Campbell offered concern that the firms were selected from a limited pool, a concern also with the proposal to rotate firms in an alphabetical order for upcoming projects, her preference would be to choose a preferred firm no matter their place in the alphabetical listing. Councilman Brown concurred that that may be preferable. The Director stated that the qualification submittals were available for the Council at this meeting, which includes a copy of the request for proposals. Councilmembers Campbell and Brown offere~ to serve on the interview panel. The Director announced that the interviews are scheduled for July 15th and confirmed again that it is the intent of staff to check references, etc. prior to the interviews. As a point of information, the Director explained that the proposed alphabetical rotation is the manner in which the archaeological consultants are selected, rotation merely some assurance that each firm may be selected for a project over a period of time. Brown moved, second by Hastings, to approve the designation of Councilmembers Brown and Campbell as the Council sub-committee to interview fiscal impact report consultants, confirm the interview schedule, also directed that the alphabetical rotation be.deleted. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried CONSENT CALENDAR - ITEMS "c" thru "M" Campbell moved, second by FUlton, to approve the recommended action for items on the Consent Calendar as presented, except Items "F, H, and L", removed for separate consideration. C. 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 Councilmembers unless specific request is made at that time for the reading of such ordinance or resolution. D. Approved regular demands numbered 12923 through 13076 in the amount of $229,025.98 and authorized warrants to be drawn on the Treasury for same. Received and filed the staff report relating to the Bolsa Chica Land Use Plan Amendment 1-95 and Implementing Actions Program, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. G. Proclaimed the week of July 21, 1996 as "Lead Poison Control Week." E. I. Adopted Resolution Number 4487 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY 7.-8-96 OF SEAL BEACH, CALIFORNIA, AMENDING FISCAL YEAR 1996/97 BUDGET, SETTING APPROPRIATIONS BY FUND AND RESCINDING RESOLUTION NUMBER 4486." By unanimous consent, full reading of Resolution Number 4487 was waived. Approved the renewal of the Agreement between the city of Seal Beach and the Orange County Transportation Authority to provide transportation for the Senior Nutrition program for the term July 1, 1996 through June 30, 1997. K. Adopted Resolution Number 4488 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #649 - CONSTRUCTION OF SIDEWALK REPAIR, FISCAL YEAR 1995-96, CONTRACT ENTERED INTO BETWEEN RANCO CORPORATION AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4488 was waived. I J. M. Received and filed the Seal Beach Single Audit of Federally Assisted Grant Programs for the 1994/95 fiscal year. ~ AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "F" - MONTHLY INVESTMENT REPORT Councilmember Campbell inquired as to the purpose of the Bixby wall account. The City Manager offered to provide that information. Hastings moved, second by Campbell, to receive and file the Monthly Investment Reports for the months of April and May, 1996. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEM "H" - MINUTES Brown moved, second by Hastings, to approve the minutes of the May 28, 1996 regular meeting, the June 10, 1996 regular adjourned and regular meetings. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEM "L" - FRANCHISE AGREEMENT - BRIGGEMAN DISPOSAL - AMENDMENT I ASSIGNMENT Councilmember campbell pointed out an ambiguity in the second sentence of the second paragraph of the staff report, reading as if service would be provided where in fact it will not. The City Manager suggested the word 'clarified' be replace with 'formalizes.' Councilmember Campbell questioned the reference I to ninety rather one hundred gallon containers. Mr. Briggeman explained that the container is actually ninety-three gallons however is generally referred to as one hundred. Section 1 of the Agreement was revised to read in part "...Bridgeport and Riverbeach (who will be provided service upon specific written request to the contractor)..." The City Attorney advised of his need to review the assignment documents therefore recommended - that a motion to approve be subject to the city Attorney review. I I I .. ....i. 'I'" .1, I . .. 7-8-96 Campbell moved, second by Brown, to approve the Second Amendment to the Franchise Agreement to allow for the distribution of sixty and ninety gallon containers, and to approve the assignment of the franchisee's interest in the franchise agreement for the purpose of assisting the refuse hauler in obtaining financing for capital purchases, subject to review by the city Attorney. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried JOINT POWERS AGREEMENT - ORANGE COUNTY COUNCIL OF GOVERNMENTS Mayor Forsythe noted that the Council of Governments is a recently formed coalition of cities and agencies in the County, however stated that the problem and concern is that all cities are not being represented and of twenty-one voting members twelve are Southern California Association of Governments representatives and the cities not represented have no voice on issues that affect their communities. She said to this concern the City Manager has prepared a letter asking that those cities that are not currently represented on the COG be organized as a sub-committee to allow input by those non-represented cities and rotate annually as the COG representatives rotate. Councilman Brown said he felt the City will have a better opportunity to voice its opinions as a member even though the City will not have a vote, also that the letter be forwarded and work continue towards seeking representation. Councilmember Hastings spoke in support of pursuing the sub-committee rotating representation concept, and Councilmember Campbell strongly objected to the representative makeup of the COG. Brown moved, second by Fulton, to approve the City's membership in the Orange County Council of Governments, with continued participation contingent upon the COG's responsiveness to Seal Beach concerns regarding the lack of direct representation. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried MAIN STREET SPECIFIC PLAN The City Manager noted that rev~s~ons have been made to the Plan based upon the interpretation of the direction of the Council at the last meeting, basically revision of the parking fee based on the deletion of certain parking related projects and the cost thereof. He noted there is an accounting of the parking funds that have been paid to date which makes possible some improvements that would not otherwise be possible, also makes possible, on a selective basis, new businesses replacing those that leave without going through the extensive variance process, allowing some flexibility of the Zoning Code as it currently exists and with the parking in-lieu fee program in place. He stated that in the spirit of this public/private partnership there is a reinvestment commitment on the part of the City of funds raised in the Main Street area, a statement of goals with some funding sources. The Director of Development Services noted that the elimination of some major cost items, the license plate analysis, decking of the 8th Street parking lot, and the property acquisition, results in a considerably reduced budget for improvement expenditures in the Main Street area from just over $2 million to $657,865, the revenues to accomplish the improvements to be generated from funds on hand and the current $100 per space per year fee over a period of eight years for a total of approximately $250,000 from the private sector, the City contribution. of about $400,000 generated from parking meter revenues, Measure M funds, grants, and the potential for additional funds from new businesses which would be required to pay an in-lieu parking fee. The Director explained that given the fact that the major capital items have been removed from the 7-8-96 Plan it is now more of a management and control situation of . existing parking. Upon reviewing past public testimony and in- lieu parking fee ordinances of other California cities, he noted the range of in-lieu fees is from about $1,300 to $16,000, the higher amounts in cases where there are plans to deck parking, construct parking structures, acquire property, etc. The Director stated the recommendation is that the $100 per space I in-lieu fee continue for those existing participating businesses, and for a new business that comes to the community and requires parking over what the previous use required the fee would be a one time $3,500 per space, with no credits for increased property or sales taxes. He noted that parking meters remain in the Plan, including Main street, if those are deleted it will in turn reduce the revenue. Mayor Forsythe inquired if there was a reason why information relating to alley parking was not included. The Director responded that at the time of the study sessions and Commission hearings it was suggested that the parking spaces to the rear of businesses not be brought to attention due to nighttime noise, etc. even though they are available for use. The Mayor said she felt the intent was to clean up the alley areas to encourage employee parking behind the businesses rather than on the street. Councilmember Hastings emphasized her opposition to parking meters on Main street, noted that some people feel they would be a detriment to the street, and the Walts Wharf opinion survey was against parking meters by a two to one margin. Mayor Forsythe expressed her belief that there are things that the specific Plan will implement that will ease the Main street parking problem, parking meters a last resort, first of all some aesthetic improvements need to be made to make the Street more condupive to foot traffic, in fact one of the reasons this consultant was chosen was because he felt it was a wonderful Main street, it I has a personality, it just needs to be made a more comfortable pedestrian area, the Specific Plan one means of safeguarding Main street while making improvements as well. Brown moved, second by Hastings, to adopt Negative Declaration 96-1 and instruct staff to prepare the appropriate ordinances and resolutions for final Council action to adopt the Main Street Specific Plan. with regard to legal issues raised at the last meeting, the city Attorney advised that the California Supreme Court recently reaffirmed the rule that in-lieu fees are a proper exercise of a city's police power, Erlich versus the City of Culver City, and to the issue of the people who have paid, and some that have not paid, whether they can now challenge the fee, he advised that in California if a developer accepts the benefits of a permit they can not challenge the conditions, and in the case of Seal Beach it is too late to challenge, thus are required to pay the fees. With regard to the overabundance of newsracks the City Attorney noted that issue has been looked at for about five years and although reasonable time, place, and manner regulations can be adopted there are also First Amendment implications. The Development Services Director reported that an ordinance has been drafted with regard to newsracks, their spacing, the number I of racks that can be placed in a group, standards for the placement of benches, etc. however staff was waiting until the goals and objectives of the Specific Plan were in place before bringing those issues forth for consideration. The Director confirmed that the Plan may be amended from time to time at the pleasure of the Council. It was pointed out that the staff report reflected a $100,000 calculation error, estimating the costs and funding at $557,865 rather than the correct amount of $657,865, in turn the City matching funds are $407,861. The city Attorney clarified that the new parking fees will be part of the City matching funds, applied to new businesses that I I I . I' ~ . ~ "4' ~.. 7-8-96 increase the demand for parking, that amount $3,500 per space. With regard to the calculation error, the Director noted that $107,000 is designated for parking meters on Main street, however if they are not installed the dollar amounts are likewise reduced. He stated also that the ordinances and resolutions necessary to implement the Plan will be prepared and forthcoming to the Council. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried PUBLIC HEARING - STREET LIGHTING ASSESSMENT DISTRICT NO. 1 - 1996/1997 Mayor Forsythe declared the public hearing open to consider Street Lighting Assessment District Number 1 for fiscal year 1996/1997. The city Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received either for or against this item. The city Engineer stated the public hearing is required by State law, the assessment is for the maintenance and servicing of street lights throughout the City, and the assessment amounts are the same as the past two years. There being no public comments, Mayor Forsythe declared the public hearing closed. RESOLUTION NUMBER 4489 - STREET LIGHTING ASSESSMENT DISTRICT NO. 1 - 1996/1997 Resolution Number 4489 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONFIRMING THE DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR STREET LIGHTING DISTRICT NO.1 FOR FISCAL YEAR 1996/97." By unanimous consent, full reading of Resolution Number 4489 was waived. Hastings moved, second by Brown, to adopt Resolution Number 4489 as presented. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried Mayor Forsythe again announced that the item relating to a three-way stop intersection at Bayside Drive and Crestview Avenue was removed from this agenda. AGREEMENT - CE SPORTS - DESTINATION EXTREME The City Manager reported that agreement has been reached with CE Sports to present the 'Destination Extreme' skateboard/ inline/bicycle event July 19th through the 21st in the 10th Street beach parking lot. He made reference to agreed upon revenues of approximately $29,000 for services and facilities and resurfacing of all or a portion of the beach lot, the alternative to that is to merely accept the money for future beach lot improvements. He stated he would be talking with the Rough Water Swim and Lions Club Fishfry organizers to tie in the three events, the shuttle service, etc. Councilmember Campbell asked if there is need to be concerned about the size and location of the proposed hospitality facility. Ms. McGlynn stated that CE Sports has provided a map and exhibit of the entire event layout, staff in turn has worked diligently to establish spacing for the event and spacing for public parking, their platform is two stories high, meets the requirements of the Building Code, and confirmed that there is no concern with the hospitality area. With regard to the expense distribution Councilmember Campbell inquired about the fifteen percent user fee. Ms. McGlynn explained that the fifteen percent is calculated on the preceding numbers, however incorrect because a day was not calculated, the $29,006 reflects the maximum amount. Fulton moved, second by Hastings, to authorize the use of the 10th Street parking lot for the skateboard competition events, 7-8-96 and authorized the City Manager to execute the agreement, which includes fees applied toward the parking lot resurfacing, if feasible. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried CITY MANAGER REPORTS I The City Manager reported that a committee of his staff is working on the beach parking lot pay-as-you-leave system which will require laying utility lines to a second ticket booth, that plan to be put into place on slower week days and at hours when it is felt can be done effectively, which will provide some data on revenues, traffic flows, etc. so that the parking system can be evaluated in a year to determine which system will work best, the delay at this point is the ordering of equipment and relocation of the booths by the Public Works and Lifeguard personnel. He said staff is also looking into a complaint that business employees are parking on 8th Street near Electric Avenue, a meeting to be scheduled to discuss that concern with restaurants in the area, also, specifications are being finalized for parking meters on the off-Main Street parking lots. The Manager reported that another meeting was held with regard to the cable franchise which included the public access programmers, Foundation members, and the consultant, and it is believed that some progress was made with regard to the position of the City and the consultant regarding public access policy, those policy decisions to eventually be made by the city Council with public input, also, it is hoped that negotiations will be concluded prior to the March expiration of the franchise. He mentioned the Coastal Commission meeting to be held this week which includes two Seal Beach items, the after the fact approval I of the Surfs ide revetment and the proposed installation of the 800 MHz system tower, a postponement of the 800 MHz item requested pending staff retracking how the location had been determined. The Manager mentioned as well a proposal of SCAG to place a computer in every city for GIS and home page systems and it is anticipated that Seal Beach will receive the equipment by mid-August, no cost to SCAG members or wholesale to non-members. COUNCIL CONCERNS Councilmember Hastings commended Ms. Moira Hahn for her work as a member of the Archaeological Committee, her suggestions for a more proper way for the Navy to do research on the Base, she also set the prototype for the Archaeological Element of the City'S General Plan. Councilman Brown mentioned the recent visit of Elizabeth Dole to Leisure World that was attended by some six hundred people, and encouraged all to attend forums that will be held by presidential candidates or their representatives prior to the November election. Councilmember Campbell announced that someone left a set of keys at her residence and invited the owner to call and identify them. Councilman Fulton commended those who spoke and offered their thoughts at the last meeting. Mayor Forsythe mentioned the addition of a chainlink fence in the Cove area at the vacant lot site on Balboa Drive and Pacific Coast Highway. The City I Manager reported that the fence was installed without the required building permit, the property owner and contractor have been notified, the question remains as to whether the City wants to issue a permit and if so should it be issued with the required eighteen foot setback. He noted that the City Attorney is looking into whether the City can rely on any pre-existing agreements or law to require the construction of a block wall, which would be the preference of the neighborhood and the Council, to date there is nothing that would indicate the City could do that, in fact there are things that indicate otherwise, the property owner has been directed to construct a block wall I I I t' 7-8-96 I 7-22-96 however he has declined. He mentioned that if the property owner is determined to haye the right to install the chainlink fence, does the city want to impose the eighteen foot setback and then require a fast growing landscape screen to cover it. The Mayor mentioned that a petition is being circulated regarding this vacant area at Balboa and PCH, which has been vacant for many years, the property owners want it rezoned from residential to commercial, over the years a dirt berm developed on the site however the ground was eroding onto the sidewalk and became a liability problem. She asked what Seal Beach can legally do under Fish and Game regulations to help with the stingray problem. The Manager said it is his understanding the problem has existed for a long time, some years are worse, offered that swimming near the river would not be recommended, also mentioned that being a bottom fish stingrays feed on some of the pollution from the river bed. ORAL COMMUNICATIONS There were no Oral communications. On the recommendation of the City Attorney, the council, by unanimous consent, recessed to the regular adjourned 6:00 p.m. meeting to discuss the items identified on the agenda pursuant to Government Code section 54956.9(a) relating to existing litigation. The Council adjourned to the regular adjourned 6:00 p.m. Closed Session at 8:32 p.m. The council reconvened the regular 7:00 p.m. meeting at 9:32 p.m. with Mayor Forsythe calling the meeting to order. ADJOURNMENT It was the order of the Chair, with consent of the council, to adjourn the regular meeting until Monday, July 22nd at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 9: 4 p.m. of the Clerk and ex-off of Seal Beach Approved: _ ~JU /~~~~. May r Q.~{!:/ ,~ Attest: Seal Beach, California July 22, 1996 The city Council of the city of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe' councilmembers Brown, Campbell, Fulton, Hastings