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HomeMy WebLinkAboutCC Min 1993-04-12 4-12-93 Seal Beach, California April 12, 1993 The City Council of the City of Seal Beach met in regular adjourned session at 6:01 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: I Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Bankston, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session pursuant to Government Code section 54956.9(a) relating to pending litigation in the Wetlands Restoration Society versus City of Seal Beach case, and discussion of personnel matters. It was the order of the Chair, with consent of the Council to adjourn to Closed Session at 6:03 p.m. The Council reconvened at 6:41 p.m. with Mayor Forsythe calling the meeting to order. The city Attorney reported the Council had discussed the case previously identified and labor negotiations. ADJOURNMENT Laszlo moved, p.m. second by Brown, to adjourn the meeting at 6:43 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I C1 IClerk and ex-off1C1o ty of Seal Beach of the Attest: ~'''' /~'k"'~~A/' ~w:ihLf2 Approved: Seal Beach, California April 12, 1993 1- The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. I I I 4-12-93 ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Bankston, city Manager Mr. Barrow, city Attorney Mrs. Yeo, City Clerk WAIVER OF FULL READING Hastings moved, second by Laszlo, 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: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Matthew Cunningham, 1617 Seal Way, voiced a complaint about the lack of cleanliness of the beach. He stated his understanding of the geographic location of Seal Beach to the San Gabriel River and the flow of debris from that outlet, however claimed that the beach cleaning equipment is not removing all debris, the beach needs to be raked, there is litter lining the easterly jetty, and stated cleanliness of the beach should be a prime priority. Mr. Cunningham reported personally cleaning the beach in front of his residence, contacting Public Works at City Hall on a number of occasions however the problem has not been resolved, and advised of his intent to voice the same complaint at future meetings unless this matter is taken care of. Ms. Jim Clow, 1721 Sunningdale Road, member of the Cable Communications Foundation, expressed his objection to Comcast Cable advertising that they provide an annual $75,000 grant to the Cable Foundation where in fact the grant is to the City, the City in turn provides that amount to the Foundation from which $25,000 is returned to Comcast for twenty-five productions, another $25,000 for a public access producer. He claimed this to be false advertising. Mr. Clow also announced the upcoming Comcast Cable open house to be held on April 17th from 11:00 a.m. until 3:00 p.m. and invited all interested persons to attend. Dr. Tony Dahlman, 1724 Crestview Avenue, directed his comments to a recent news article and quotes of Councilman Doane relating to downtown businesses, indicating his hope to change the Councilman's opinion of Old Town. He said he did not believe that the Business Association is necessarily representative of most businesses in Old Town, suggested that businesses and residents work together to achieve community goals and improve the quality of existing"Main Street businesses, increasing revenue without increasing the number of people who come into the community, because the Old Town area is basically built-out and building expansions to increase patronage poses problems. Dr. Dahlman noted that the other pizza service restaurants have provided the required parking where the proposed BJ's restaurant has not, and that the comment that parking is now being used to stop progress is a contradiction to the statement that the charm of city is virtually unchanged since the first half of this century. He expressed his opinion that some members of the Business Association appear to be unappreciative of the efforts of the City Council and Planning Commission to resolve the varied problems. Councilman Doane thanked Dr. Dahlman for his comments, to which he said were the first to be other than complimentary from business persons and residents alike. He indicated he did not want this Councilor Commission to be known as the bodies that boarded up Main Street because of parking 4-12-93 problems, clarified that he is not a member of the Business Association, is a member of the Chamber of Commerce, yet listens to all sides. Ms. Reva Olson, Seal Beach, spoke favorably of the Main Street retail stores and stated there is no need to intensify use and invade the residents where there is no parking for those businesses to succeed. She also voiced concern with any attempt to discourage activism. There being no further I comments, Mayor Forsythe declared Oral Communications closed. PROCLAMATIONS Mayor Forsythe proclaimed May 3rd through May 8th, 1993 as "public Service Recognition Week." The Mayor proclaimed April 17th, 1993 as "Health Fair Expo Day," promoted by the Rossmoor Center Merchants Association. Mr. Leonard wilson, Marketing Director for the Center, described the health education and screening services to be offered at the Expo and accepted the Proclamation with appreciation. COUNCIL ITEMS APPOINTMENT - ARCHAEOLOGICAL ADVISORY COMMITTEE Councilman Laszlo requested that the second District Four appointment to this committee be held over. AD HOC OLD TOWN PARKING COMMITTEE Councilman Laszlo noted that whenever there is a discussion relating to Main Street the issue of parking arises, therefore his intent was to request the appointment of an Ad Hoc Old Town Parking Committee to discuss and report to Council what the parking problem is, where and when it occurs, as well as suggestions as to how it can be corrected. He offered that the I Downtown Business Association may also choose to form a group to work with this committee, the end result possibly being guidelines for use by the Planning commission. Mayor Forsythe concurred, however spoke for first holding an informal public workshop with the concerned residents and the Planning Commission, identify what can be done and the source of funding. She noted that the results of committee studies in the past have been shelved and not followed by formal actions. Councilman Laszlo disagreed, claiming that joint public workshops have never clearly identify the problems or the resolution thereof. Councilmember Hastings cited an urgency for such a committee as well as resolution of the problem, the committee possibly consisting of three representatives from the business community, not necessarily restaurant operators, two or three persons from the Hill, four to six representing Old Town residents, under the auspices of the Environmental Quality Control Board. She mentioned solutions for thought such as utilization of the 8th street/Central Avenue parking lot at night, a validation program, as well as a tram from the beach lots to various shopping areas, a pilot program sponsored by the Edison Company. Councilman Doane agreed with the comments, however indicated preference for first holding a workshop, and suggested that the property owners be included in order to obtain their opinions with regard to in- lieu, etc. Councilmember Hastings indicated agreement, adding a I- request that specific representatives of the Main Street business community be invited to attend over and above the Business Association members that are generally in attendance. Councilman Brown indicated a desire to take action on reSUlting suggestions shortly after the workshop is held. Discussion continued. Councilman Doane moved to establish a date and time to conduct such workshop session. The motion was seconded by Mayor Forsythe. With further discussion an informal workshop was scheduled for Monday, May 3rd at 7:00 p.m. in city Council Chambers, to be held jointly with the Planning Commission, the I I I 4-12-93 Environmental Quality Control Board, interested public, that invitation would be made to the merchants, landlords, and Main street residents, with a second workshop on May 17th if determined necessary. The City Manager suggested that the Council may wish to select two of its members to work with staff to compile a list of those to be specifically invited. AYES: NOES: Brown, Doane, Forsythe, Hastings Laszlo Motion carried AD HOC HISTORICAL SITES/HISTORICAL ELEMENT COMMITTEE Councilmember Hastings requested that a committee be formed to determine the criteria for local historical sites/structures and evaluate an existing list of some twenty buildings, such guidelines to then be followed by the Planning Commission and City staff. Mr. Gordon Shanks, Surf Place, noted there had been a directive that a Historical Element be included in the General Plan, spoke in favor of the formation of a small committee that would be goal oriented to that purpose and possibly consist of two members of the Historical Society, a member of the Environmental Quality Control Board given their indicated interest in this subject, and two members of the public at large. He offered information relating to a Historical Element that has been obtained from other cities. Mr. Charles Antos, Seal Beach, claimed that the Historical society does not exist as they do not have articles of incorporation and by-laws. The Mayor suggested that consideration be given to prioritizing the issues desired to be studied prior to forming another committee, possibly the parking issue first, then this matter. To Council concern regarding the authenticity of various local clubs and organizations, the City Attorney explained that a group can be formed by anyone, may solicit funds as long as they do not claim to be a non-profit organization or that the donation is tax deductible, however to achieve non-profit status there is a requirement to register and file certain documents with the State. Discussion continued. The City Manager suggested that this matter be referred to staff to prepare a resolution to specifically delineate the scope and purpose of such committee, noted that a Resolution does exist that designates the Historical Society to work with the Planning Commission to develop a Historical Element, an alternative would be to designate the Archaeological Committee or that Committee in conjunction with the EQCB could be assigned this task, also if referred to an existing standing committee the provisions of the Brown Act would be applicable. At the conclusion of further discussion, the consensus of the Council appeared to be that the issue of historical sites/structures be referred to the Environmental Quality Control Board for review and comment with regard to existing policy and the list of sites, definition of the scope of work for preparation of a Historical Element, with the understanding that input from the Historical Society and public would be encouraged, and that a recommendation to the Council would be forthcoming. It was the order of the Chair, with consent of the Council, to declare a recess at 8:15 p.m. The Council reconvened at 8:31 p.m. with Mayor Forsythe calling the meeting to order. CONSENT CALENDAR - ITEMS "F" thru "M" Doane moved, second by Brown, to approve the recommended action for items on the Consent Calendar as presented. F. Approved regular demands numbered 1705 through 1831 in the amount of $233,140.57 and payroll demands numbered 1032 through 1205 in the amount of $304,628.45 as approved by the Finance Committee, and 4-12-93 authorized warrants to be drawn on the Treasury for same. G. Approved the minutes of the regular adjourned and regular meetings of March 22, 1993. H. J. K. AYES: NOES: Received and filed the update report on the Federal Implementation Plan which requires the federal Environmental Protection Agency to adopt emission control measures to supplement state and local control efforts, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. I I. Received and filed the status report relating to the 1993/94 Community Development Block Grant Application, and instructed staff to forward same to the citizens Participation Committee for information purposes. Adopted Resolution Number 4212 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CLOSURE OF THE NORTH AND SOUTH BOUND TURNPOCKETS LOCATED AT THE MAIN STREET/PACIFIC COAST HIGHWAY INTERSECTION." By unanimous consent, full reading of Resolution Number 4212 was waived. "I Adopted Resolution Number 4213 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH PERTAINING TO SEVERANCE AND SEPARATION BENEFITS." By unanimous consent, full reading of Resolution Number 4213 was waived. L. Adopted Resolution Number 4214 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE EXPENDITURE OF FUNDS FROM ASSET FORFEITURE FUND FOR PURCHASE OF POLICE UNITS", said amount not to exceed $75,000. By unanimous consent, full reading of Resolution Number 4214 was waived. M. Authorized the City Manager to execute and submit the application for SB 821 Bicycle and Pedestrian Facility Program funds for fiscal year 1993/94 in the amount of $7,200, said funds proposed to be used to pay a portion of the annual sidewalk reconstruction project. Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I ORDINANCE NUMBER 1364 I RESOLUTION NUMBER 4215 I ORDINANCE NUMBER 1365 - PUBLIC BEACHES and PARKS - CURFEW The City Manager presented the staff report, explained that the proposed Ordinances amend an existing provision of the Municipal Code relating to the hours for utilization of public beaches and parks and that those hours be established by Council Resolution. He reported that a 10:00 p.m. curfew has been initiated for the Balsa Chica and Huntington Beach beaches and it would be in the I I I 4-12-93 best interest of the City to impose a like curfew. He noted the proposal provides that it would be unlawful to be upon, use, etc., the public beaches between 10:00 p.m. and 4:30 a.m. of each day and the public parks between 12:00 midnight and 4:30 a.m. with regard to beach access to the public for special activities such as grunion runs that typically occur later than 10:00 p.m., staff responded that flexibility could be provided for such events, possibly at the discretion of the City Manager, and offered to prepare a resolution more specific to that for consideration at the next meeting. with the understanding that the state, by agreement, requires that the pier remain open at all times, question was raised as to what impact there would be on persons using the pier and on the parking lots. The Manager advised that through the efforts of the Beach Commission a complete refurbishing of the existing signage is being looked into which will now include information relative to the curfew hours, and acknowledging the state requirement for the pier, offered that should problems arise as a result of continuous public access to the pier the state may be agreeable at some point to revise the current agreement to allow closure during certain hours, also noted that given recent discussion of expanding the beach parking lot hours from the current 6:00 p.m. closure, the lots could either be manned or signed for access hours. As to the reasoning for the curfew, the Manager said there is a presumption that problems may arise as a result of the 10:00 p.m. closure of the other beaches such as large beach gatherings, etc., moving to Seal Beach if the closures are not the same. Doane moved, second by Laszlo, to approve Ordinance Number 1364 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 4, ARTICLE 1, SECTION 4-2 OF THE CODE OF THE CITY OF SEAL BEACH REGARDING THE HOURS OF UTILIZATION OF PUBLIC BEACHES AND PUBLIC PARKS, AND DECLARING THE URGENCY THEREOF", to approve Resolution Number 4215 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DETERMINING UNLAWFUL HOURS TO BE UPON, USE, ETC., PUBLIC BEACHES AND PUBLIC PARKS", to approve the introduction and first reading of Ordinance Number 1365 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 4, ARTICLE 1, SECTION 4-2 OF THE CODE OF THE CITY OF SEAL BEACH REGARDING THE HOURS OF UTILIZATION OF PUBLIC BEACHES AND PUBLIC PARKS" and that Ordinance Number 1365 be passed to second reading. By unanimous consent, full reading of Ordinance Number 1364, Resolution Number 4215, and Ordinance Number 1365 were waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried RESOLUTION NUMBER 4216 - CREATING AD HOC COMMITTEE - TOBACCO CONTROLS FOR PUBLIC PLACES The city Manager reported this item to be the result of Council request at the prior meeting for consideration of an ordinance to regulate smoking in public places, that in addition to the adopted policy relative to smoking in public facilities during the course of public meetings. He noted the City has received various packets of information relating to this subject, that such ordinances in other cities vary from prohibiting smoking in public meeting facilities to the work place, restaurants, alcoholic beverage establishments, and typically most provide for phasing of the regulations. He stated the recommendation of staff would be to create a nine member committee, five of which would be appointed by the Council but not necessarily from the respective Council district, the remaining four be appointed at- large by the Council from a recommendation or nomination from the Council, not necessarily residents of the City yet having an interest or expertise to the committee, as well as a , 4-12-93 representative of the Orange County Health Care Agency sitting as a non-voting member. He said if the committee is formed he would propose that the issue be looked at broadly, that businesses be surveyed as well as some of their customers, vending machines could be looked at, businesses that currently limit smoking on a voluntary basis should be given consideration, ordinances of other cities should be reviewed, etc., that recommendations of I the committee would be presented to the Council, and based upon the determination of the Council the City Attorney would prepare an appropriate ordinance for consideration. Mayor Forsythe clarified that the intent is not be for a complete ban of smoking. Laszlo moved, second by Forsythe, to adopt Resolution Number 4216 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CREATING AN AD HOC COMMITTEE FOR THE PURPOSE OF FORMULATING RECOMMENDATION(s) REGARDING TOBACCO CONTROLS FOR PUBLIC PLACES." By unanimous consent, full reading of Resolution Number 4216 was waived. Councilman Laszlo suggested that the committee commence their task at the earliest possible time, even if all appointments are not yet made. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried STATE BUDGET UPDATE The City Manager reported there has been further indication from Sacramento that adoption of the budget proposal by the Assembly can likely be anticipated by May 10th or 12th, by the Senate by late May, the detail of the budget to be provided at some later date through adoption of trailer bills. He noted the legislative I analyst has made comment that the Governor's balanced budget relied too heavily on federal monies, since acknowledged that instead of the $1.6 million anticipated it will be only $500 million, therefore the budget proposal is $1.1 billion out of balance even before legislative review. with regard to the aerospace payback he reported that the State Board of Equalization has been considering a third payback formula under which this City would be liable for $518,000 rather than the previously projected $495,000, the new figure based upon a three year statute of limitations, however the arguments before the Federal supreme Court in February requested the statute of limitations be six years which would more than aouble the amount withheld from Seal Beach sales tax. The Manager announced that the proposed increase of the utility Users Tax will be scheduled for public information purposes on the next agenda as required by law, and the public hearing will be held at the last meeting in May. The Manager mentioned that signs are posted throughout the city restricting the parking of over-sized vehicles on public streets, reported there had been a court challenge and Attorney General opinion as to whether that practice was enforceable at which time this city suspended its enforcement, subsequently the City's attorney firm was involved in a court case that challenged a similar ordinance of another community, which they won. He announced that the signs in Seal I Beach have been refurbished, warnings will now be issued, and letters will be sent to persons who have inquired about oversized vehicle parking informing them that enforcement will be reinstated within thirty days. He clarified that the City ordinance prohibits such street parking from 2:00 to 5:00 a.m., and enforcement will basically be by complaint, as was past practice, or through observation by traffic enforcement. with regard to recent inquiries regarding water billing, the Manager explained that with the new computer system a billing can be produced that is capable of containing expanded information, I I I 4-12-93 and where the prior charge for water was combined with the standby fee as one amount it is now reflected separately. The standby fee being a fixed charge for the capital system, and the actual water consumption an amount that is controllable by the consumer. He clarified that previously there was a $1 standby fee plus a $6 minimum consumption fee for six hundred cubic feet of water, with a $1 charge per each additional one hundred cubic feet, noted also that the state has long encouraged a capitalization fixed fee in order to more adequately reflect the actual consumption for water conservation purposes. He clarified further that the $6 minimum charge has been eliminated, the $6 combined with the $1 for a total standby of $7 per month, which is an unchanged, fixed fee, however is now identified on the billing separately. The Manager noted that the historical billing data had been lost in the conversion to the new computer system as a result of prior inconsistent coding, therefore most of the information had to be input manually, and rather than sending estimated billings to the consumer a decision was made that they be postponed until the activity could be more accurately reflected, also during this extended period letters of explanation were sent to the water customers. As an example of the new rate structure he pointed out that the use of 9,000 gallons of water would result in an unchanged monthly billing of $13, and if less water is used the rate would be less than it had been previously. The Manager mentioned that the due date for the water bills have been extended, also given the billing for a four month period the combined usage triggered a higher rate through the computer, that difference to be adjusted and reflected as a credit on the next billing. He clarified that the standby fee supports the water system, the lines, meters, etc., also in the past commercial structures with fire sprinkler systems had not been assessed a charge, now they are and it is identified as a standby fee. COUNCIL CONCERNS Councilman LaSZlo inquired if synchronization of the Seal Beach Boulevard signals has occurred as yet. The City Manager reported that project will not take place for about a year. Councilman Laszlo said he understood that the revised aviation report relating to the proposed Bixby project has been received by the City, will be transmitted to the EQCB in the near future, and stated he is looking at the project with an open mind as housing could be more acceptable than other types of buildings. Mayor Forsythe reported having received telephone calls with regard to the Bolsa Chica proposed development, explained that the project would consist of nearly five thousand homes, and approval of the project has been transferred from Huntington Beach to the County. She noted that the two cities that will be most affected by the development will have no voting capability, the project will be approximately the size of Old Town, Surfs ide and the Hill areas, revetments will be constructed into the ocean whereby that portion of the ocean will virtually become a bay, the project will generate nearly fifty thousand daily trips on the roadways, and part of the mitigation would be the widening of Pacific Coast Highway north of the project. The Mayor invited persons with additional information to contact her, also recommended that the County be advised that the project consists of far too many homes. Making reference to the efforts of the city to control legal expenses, Mayor Forsythe reported the city had been presented with a gift as the Council took their seats for this meeting, a legal action naming 1120 Central Condominiums Owners Association, Michelle A. Brendel, and Bruce M. Stark as Plaintiffs, versus City of Seal Beach, Edna Wilson, Gwen Forsyth, Frank Laszlo, Marilyn Hastings, William Doane, George Brown, Jerry Bankston, Lee Whittenberg, Barry Curtis, Michael Cho, and Don Cox, dba Cox construction Co., Defendants. It was noted that the damages sought are $1 million from each defendant plus $5 million. 4-12-93 ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Gordon Shanks, 215 Surf Place, asked if it would be possible to have the potholes on the channel bridge, located in the City of Long Beach, repaired. The City Manager advised that a communication has been forwarded to Long Beach and assurance was received that they would be repaired, however no specific time frame. Mr. I Shanks read a portion of a recent news article relating to BJ's Pizza application for 209 Main Street, and again expressed his opinion that the Planning Commission and City. Council are taking upon themselves the SOlving of problems of others. He suggested that had that property owner resolved the masonry problems at that site in a timely manner and secured a tenant, the property would have been grandfathered and would not now be an issue. Mr. Shanks also made reference to a news article relating to Papillons, a photograph showing two microphones near the piano and comments of the owner that he would now request extended hours for the entertainment and the construction of a nook around that entertainment, which Mr. Shanks envisioned as a piano bar. He recalled that the recent approval had been for a single entertainer, non-amplified, and stated that if the merchants can not abide by agreed upon regulations and conditions, that invokes a lack of trust and concern of a number of persons. There being no further comments, Mayor Forsythe declared Oral Communications closed. CLOSED SESSION The city Attorney announced the Council would meet in Closed Session pursuant to Government Code Section 54956.9(a) to discuss pending litigation in the case of Brendel/Stark versus Seal Beach, case number CV-93-360 LTZ (RWRX). It was the consensus of the Council to adjourn to Closed Session at 9:21 p.m. The I Council reconvened at 9:37 p.m. with Mayor Forsythe calling the meeting to order. The City Attorney reported the Council had discussed the matter previously announced, and the city Council had authorized the City Attorney to defend the city and the individual defendants, including past and present employees and Councilmembers. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, April 26th at 6:00 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent at 9:38 p.m. C:rtyi Clerk and ex-o ~y of Seal Beach - clerk of the Approved: _ ~..o / Mr;,-::rL' '. May I Attest: