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HomeMy WebLinkAboutCC Min 1996-07-22 I I I 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 adjourn the regular meeting until Monday, July to meet in Closed Session if deemed necessary. consent, the meeting was adjourned at 9: 4 p.m. the Council, to 22nd at 6:30 p.m. By unanimous Clerk and ex-off of Seal Beach Approved: ~,., /~l:~~. - May r Q.~fJi IrIl 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 7-22-96 Absent: None Also present: Mrs. Yeo, city Clerk Mr. Till, city Manager, and Mr. Barrow, City Attorney, were present in Closed Session. APPROVAL OF AGENDA Hastings moved, second by Brown, to approve the order of the agenda as presented. I AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ~LOSED SESSION By unanimous consent, the Council adjourned to Closed Session at 6:31 p.m. to discuss the items listed on the agenda, a conference with legal counsel pursuant to Government Code Section 54956.9b(A) relating to two issues of anticipated litigation, and pursuant to Government Code section 54957.6, a conference with the city's labor negotiator with regard to non- represented employees. The Council reconvened at 7:05 p.m. with Mayor Forsythe calling the meeting to order. The City Attorney reported the Council had discussed the items identified on the agenda. ' By unanimous consent, the Council recessed the meeting at 7:06 p.m. until 8:00 p.m. to continue the Closed Session. The Council reconvened the regular adjourned session at 7:53 p.m. with Mayor Forsythe calling the meeting to order and then adjourning to Closed Session. The Council reconvened in open I session at 8:32 p.m. with the Mayor calling the meeting to order. The city Attorney reported the Council had discussed the items identified on the agenda and gave direction with respect to one of those items. ADJOURNMENT It was the order of the ,Chair, with consent of the Council, to adjourn the meeting at 8:32 p.m. Clerk and ex-off1C10 of Seal Beach Approved: I Attest: Seal Beach, California July 22, 1996 ". , . ~ The city Council of the city of Sea~ Beach met in regular .'~ session at 7:08 p.m. with Mayor Forsythe calling the meeting.to order with the Salute to the Flag. I I I 7-22-96 ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Campbell, Fulton, Hastings Absent: None Also present: Mr. Till, city Manager Mr. Barrow, city Attorney Mrs. Yeo, city Clerk Ms. McGlynn, Recreation Supervisor APPROVAL OF AGENDA Councilmember Hastings requested that Item "M" be removed from the Consent Calendar for separate consideration, and Councilmember Campbell requested that Items "J" and "K" be removed. The city Attorney advised that prior to second reading Ordinance Number 1406 and Resolution Number 4493, adopting the Main Street Specific Plan, will be reviewed for consistency of language. Brown moved, second by Fulton, to approve the order of the agenda as revised. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Gordon Shanks, Surf Place, called attention to the recent prob~em of coyotes in the residential neighborhoods and their prey~ng on cats. He noted the difficulty of keeping cats locked in their homes, as recommended by Animal Control, inquired if the State Fish and Game could assist with this problem, could the coyotes be relocated, or whatever. Council acknowledged the problem and concern. There being no further comments, Mayor Forsythe declared Oral Communications closed. COUNCIL ITEMS APPOINTMENT - ARCHAEOLOGICAL ADVISORY COMMITTEE Councilman Fulton appointed Ms. Barbara Young, 5th Street, as a District Five representative to the Archaeological Advisory Committee for the one year term expiring July, 1997. PARKS and RECREATION COMMISSION Councilmember Campbell announced the appointment of Ms. Schelly Sustarsic as the interim District Four representative to the Parks and Recreation Commission, replacing Mr. Dean Stewart, and requested that the appointment be placed on the agenda for final action at the next meeting. Brown moved, second by Hastings, to confirm the appointments as stated. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried FISCAL IMPACT REPORT CONSULTANTS - SELECTION Councilmember Brown reported that the Council Sub-committee, he and Councilmember Campbell, participated in the interview of five fiscal impact report consulting firms, to which he said all were quite capable, however instead of selecting three firms to be utilized on a rotating basis there was consensus to select the Rosenow Spevacek Group to prepare the fiscal analysis for the upcoming Hellman proposal and possibly future projects as well. Councilmember Campbell noted that Economics Research Associates was selected as an alternate consulting firm. Brown 7-22-96 moved, second by Hastings, to approve the recommendation of the Council Sub-committee to select the consulting firm of Rosenow Spevecek Group, Inc. and Economic Research Associates as an alternate. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I Mayor Forsythe praised the individual interview process for the selection of consultant firms, which she said allows the opportunity to select a firm that meets the specific needs of the community. Councilman Brown confirmed that it was just that, the personal interest expressed by Mr. Miller in the character and needs of the City, that spoke highly of the Rosenow Spevecek Group. CONSENT CALENDAR - ITEMS "0" thru "0" Brown moved, second by FUlton, to approve the recommended action for items on the Consent Calendar as presented, except Items "J, K and M", removed for separate consideration. * 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 13077 through 13224 in the amount of $465,548.40, payroll demands numbered 17683 through 17695 and 17915 through 17920 in the amount of $155,827.95, and authorized warrants to be drawn on the Treasury for same. I E. Approved the minutes of the regular adjourned and regular meetings of June 24th, 1996 and the regular adjourned and regular meetings of July 8th, 1996. F. Authorized the City Manager to execute a contract with Willdan Associates for updating the city's Pavement Management Plan at a cost of $6,000, this to maintain eligibility for the Measure M Program. G. Approved the Joint Agreement for the Implementation and Operation of the Orange County Automated Fingerprint Identification system, known as Cal-ID, for a period of ten years, and authorized the city Manager to execute same on behalf of the city. H. Approved Resolution Number 4490 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING NEGATIVE DECLARATION NO. 96-1, RELATING TO REVISION 96-1 OF THE MAIN STREET SPECIFIC PLAN." By unanimous consent, full reading of Resolution Number 4490 was waived; I Approved Resolution Number 4491 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 96-1A, AMENDING THE LAND USE ELEMENT TO MAINTAIN CONSISTENCY BETWEEN THE . t.... . 7-22-96 I LAND USE ELEMENT AND THE MAIN STREET SPECIFIC PLAN AND TO REVISE THE "SUMMARY TABLE OF EXISTING AND PROPOSED LAND USES IN ACRES" OF THE LAND USE ELEMENT TO DEPICT THE INCREASE OF APPROXIMATELY 14.8 ACRES OF "MAIN STREET SPECIFIC PLAN ZONE" LAND AND APPROPRIATE DECREASES OF OTHER LAND USE CATEGORIES WITHIN THE CITY." By unanimous consent, full reading of Resolution Number 4491 was waived; Approved Resolution Number 4492 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 96-1B, AMENDING TABLE 16 OF THE HOUSING ELEMENT TO REPRESENT THE INCREASE OF APPROXIMATELY 14.8 ACRES OF "MAIN STREET SPECIFIC PLAN ZONE" LAND AND A DECREASE OF APPROXIMATELY 14.8 ACRES OF "SERVICE COMMERCIAL", "GENERAL COMMERCIAL" AND "PUBLIC LAND USE" LAND WITHIN THE CITY." By unanimous consent, full reading of Resolution Number 4492 was waived; Approved Resolution Number 4493 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING REVISION 96-1 OF THE MAIN STREET SPECIFIC PLAN." By unanimous consent, full reading of Resolution Number 4493 was waived; I Approved the introduction and first reading of Ordinance Number 1406 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING ORDINANCE) OF THE CODE OF THE CITY OF SEAL BEACH, CREATING THE "MAIN STREET SPECIFIC PLAN ZONE" (SECTIONS 28-1250 et seq.) AND AMENDING SECTIONS 28-1804.3 AND 28-2804.C TO MAINTAIN INTERNAL CONSISTENCY OF CHAPTER 28 OF THE CODE OF THE CITY OF SEAL BEACH (ZONE TEXT AMENDMENT 96-3)" and that Ordinance Number 1406 be passed to second reading. By unanimous consent, full reading of Ordinance Number 1406 was waived; and Approved the introduction and first reading of Ordinance Number 1407 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONE CHANGE 96-1, CHANGING THE ZONING TO DEPICT THE INCREASE OF APPROXIMATELY 14.8 ACRES OF "MAIN STREET SPECIFIC PLAN ZONE" LAND AND APPROPRIATE DECREASES OF OTHER ZONING CATEGORIES WITHIN THE CITY" and that Ordinance Number 1407 be passed to second reading. By unanimous consent, full reading of Ordinance Number 1407 was waived. I I. Received and filed the status report relating to the Coastal Commission approval of the Surfs ide Revetment and the Army Corps of Engineers Stage 10 Nourishment Project, and instructed staff to forward same to the Environmental Quality Control Board for information purposes. L. Approved the introduction and first reading of Ordinance Number 1408 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, .7-22-96 N. CALIFORNIA REPEALING ORDINANCE NO. 661 UPON THE EXPIRATION OF A FRANCHISE GRANTED TO STANDARD GAS COMPANY AND ITS SUCCESSOR IN INTEREST, CHEVRON USA, AND ORDERING THE RELEASE OF THE SURETY BOND REQUIRED THEREIN" and that Ordinance Number 1408 be passed to second reading. By unanimous consent, full reading of Ordinance Number 1408 was waived. Authorized the purchase of three pOlice- specification Chevrolet Caprice black and white marked sedans from Wondries Chevrolet under a Cooperative Purchase Provision of Los Angeles County Bid #248 at $19,989.78 each, a total capital outlay of $59,969.34. Received and filed the AB 939 Annual Report pursuant to the Integrated Waste Management Act of 1989 for submittal to the State on or before August 1, 1996. Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I O. AYES: NOES: ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "J" - RESOLUTION NUMBER 4494 - BEACH PARKING LOT RATES - AMENDING RESOLUTION NUMBER 4195 Councilmember Campbell noted her understanding that on an interim basis fees for beach parking will be on a pay-as-you-use method, claimed that downtown residents do not use that parking, I the people from her District do however will not pay $5 or $6 per day to park, and suggested that the public be made aware of the pay-as-you-use system. Councilmember Campbell recalled that the 8th/Central employee parking lot has now been opened to the public during early evening hours and on weekends and inquired why it is not also available on Fridays when City Hall is closed. The Manager responded that there are still employees in City Hall on Friday, about half the work force and until 5:00 p.m. Councilman Brown said his understanding was that there would be fixed parking fees until such time as there was sufficient information to support installation of a pay-as-you- use system. The Manager agreed, however will apply variable day and evening rates and until such time as equipment is available to test the efficiency of a pay-as-you-Ieave system on a trial basis. Council encouraged a timely revision of the 8th Street parking lot signage. The Manager suggested that one factor that needs to be considered is the use of the 8th/Central lot by beach visitors rather than making that parking available to the business community. To an inquiry as to usage of the 8th Street beach lot during this past weekend, Ms. McGlynn reported that the lot was full by 7:30 a.m. on Saturday and 9:30 a.m. on Sunday. Campbell moved, second by Brown, to adopt Resolution Number 4494 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL I BEACH ESTABLISHING RATES FOR PARKING FEES IN THE FIRST, EIGHTH AND TENTH STREET OCEAN FRONT MUNICIPAL PARKING LOTS AND AMENDING RESOLUTION 4195, SECTION C." By unanimous consent, full reading of Resolution Number 4494 was waived. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I I I .... li 7-22-96 ITEM "K" - RESEARCH DESIGNIINVESTIGATION PROGRAM/ARCHAEOLOGICAL SITES - HELLMAN RANCH At the request of Councilmember Campbell, Ms. Hahn, a member of the Archaeological Committee, noted that the archaeologist and his research team were present to respond to questions of the council, stated the Research Design will be posted for thirty days and transmitted to the South Central Coastal Archaeological Institute at UCLA for public information, after which it will be considered for adoption or amendment by the Council. Dr. Gary stickel, archaeologist, stated that an extensive site survey has been done on the Hellman property, verified that there are thirteen remaining sites, a couple of sites lost with the development of the Rockwell facility, however two new sites have been located. He noted the draft Design document continues to be edited and will likely be submitted to the city this week. Dr. Stickel said the sites have been found to be considerably larger than previous archaeologists had estimated, 128,000 square meters added to the total area of the thirteen sites, a comparison of areas shown by means of tables and histograms, etc., which gives confidence as to the size and location. He reported that aerial photographs were authorized and taken inasmuch as other archaeologists did not document where they had dug, infrared photos where also taken, which are presently being computer enhanced, and through that photography there was an ability to detect archaeological pits, which interestingly were found to have the circular features and a similar diameter to prehistoric houses, which is not known at this time however if so, would be a unique find. Mayor Forsythe inquired as to the method of locating a find, and the number of drill sites needed to determine what actually exists. Dr. stickel said this is considered a test phase level excavation, has been estimated as twenty-four units of dig area, twenty-four one by one units, the entire dig site thought to be nine thousand square meters as compared to a prior estimate of three thousand, the excavation of a site would fall within the mitigation phase, and suggested the use of a ground penetrating radar technique as well, which would likely determine if it is or is not a prehistoric house. Mayor Forsythe noted that the historical reference to the Hellman Estate in the document lacks mention of boundaries, offering as an example a chicken ranch that was on the corner of Garden Grove Boulevard and Knott street, the entire Estate a huge area, and the statement that a woman was born on the Hellman Ranch could lead one to believe that area to be the bluff when in fact it could have been in Garden Grove. Dr. stickel acknowledged that the point was well taken, and stated he has been seeking a map of the project for some time. Hastings moved, second by Campbell, to receive and file the report and instructed staff to schedule this item for consideration in accordance with the Archaeological and Historical Element of the General Plan. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEM "Mil - SANTA MONICA RENT CONTROL BOARD - AMICUS BRIEF - CALIFORNIA SUPREME COURT councilmember Hastings questioned as to the recommendation to join the Amicus Curiae Brief of the city of Santa Monica. The City Attorney noted that the city receives numerous Amicus requests which are typically submitted with no recommendation, the decision left to the Council to support or not support. He stated that although this case involves the Santa Monica Rent Control Board other issues are much broader, and mentioned that the League of Cities would not recommend support of the case unless there are implications that affects all cities. The Attorney pointed out that this case involves fees, not just rent 7.-22-96 control, as did the previously referenced Ehrlich versus Culver city case, and equally important, and as was experienced in the Mola matter, under current law a developer who is displeased with a council decision is required to first bring forth a writ of Mandate, a court could direct a city make certain changes or be subject to payment of damages; in the Santa Monica matter they lost the Writ, damages were demanded immediately without I giving the opportunity to take actions to avoid damages, this case also involves statutes of limitations, all of which are important issues to Seal Beach. He confirmed that there is no cost to the City by joining this action. Hastings moved, second by Fulton, to join in the Amicus Curiae Brief to be filed in support of the Santa Monica Rent Control Board in the case entitled Kavanau versus Santa Monica Rent Control Board, California Supreme Court Case #505184. Councilmember Campbell said she found it difficult to support an issue supported by a rent control board. AYES: NOES: ABSTAIN: Brown, Forsythe, Fulton, Hastings None Campbell Motion carried CITY MANAGER REPORTS There were no city Manager reports. COUNCIL REPORTS With reference to the Destination Extreme event held the past weekend, Councilmember Hastings stated she had attended the Event part of each of the three days of exhibition, she was interested in the security, the behavior of participants and attendees, noted having observed a number of Senior Volunteers I in the area as well as reserve police officers, and said she understood that ESPN also paid for two regular police officers for Saturday and Sunday. At the request of Councilmember Hastings the city Manager reported that nearly all city departments were involved in the planning process for this Event, coordinated through Ms. McGlynn, meetings were held prior to the Event to determine the manner in which it would be handled, of prime importance was that it would not interfere with the two established events, the Rough Water Swim and Lions Club Fishfry, said the Event was most likely an enhancement for the Fishfry, the proceeds from which benefit the community, the Police Chief reported no major problems over and above a regular weekend, and noted that a critique of the entire Event and operation is currently underway. Ms. McGlynn confirmed that the pre-Event planning meetings were very helpful to the coordination and organization of the Event, .parking was pre- arranged, and said CE Sports, the Event producer, was a professional, most cooperative group. Councilmember Hastings mentioned that the Event may not have been as profitable for some merchants as was the volleyball competition, that due mostly to the age difference of the competitors, this being a younger group. It was mentioned that the young participants should not be stereotyped as a result of their appearance, they are general~y nice young people who occupy their time with this I skating and cycling hobby. Councilman Fulton stated he had frequented the activities several times during the weekend, observed patronage of the local shops, all in all felt that the activities were handled well. ORAL COMMUNICATIONS There were no Oral Communications. ADJOURNMENT At 7:53 p.m. the Council adjourned to the 6:30 p.m. regular adjourned meeting to again meet in Closed Session. The Council I I I 7-22-96 I 8-12-96 reconvened at 8:32 p.m. with Mayor Forsythe calling the meeting to order. The city Attorney reported the Council had discussed the items identified on the agenda and gave direction with respect to one of those items. The regular adjourned meeting was adjourned at 8:32 p.m. The regular meeting was reconvened at 8:32 p.m. with Mayor Forsythe calling the meeting to order. By unanimous consent, the regular meeting was adjourned until Monday, August 12th at 6:45 p.m. It was the order of the Chair, with consent of the Council to adjourn the meeting at 8:33 p.m. Clerk and ex-offi of Seal Beach Approved: ~u /~.> L/.(. - Mayor Attest: c~ty Clerk ~ Seal Beach, California August 12, 1996 The City Council of the City of Seal Beach met in regular adjourned session at 6:45 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 Councilmember Hastings Absent: Councilmember Hastings was present in Closed Session. Also present: Mr. Barrow, city Attorney Mrs. Yeo, city Clerk APPROVAL OF AGENDA Brown moved, second by Fulton, to approve the order of the agenda as presented. AYES: NOES: ABSENT: Brown, campbell, Forsythe, Fulton None Hastings Motion carried CLOSED SESSION The City Attorney announced that the City Council would meet in Closed Session to discuss the items identified on the agenda, a conference with legal counsel with regard to two issues of anticipated litigation pursuant to Government Code section 54956.9b(A), and existing litigation pursuant to Government Code section 54956.9(a). By unanimous consent, the Council adjourned