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HomeMy WebLinkAboutCC Min 1993-04-26 I I I Seal Beach, California April 26, 1993 The regular adjourned meetinq scheduled for 6:00 p.m. this date was cancelled for lack of Closed Session items for discussion. ~ o~ril, ne M. Yeo, C~k of Seal Beach 1993 Seal Beach, California April 26, 1993 The city Council of the city of Seal Beach met in regular session at 7:00 p.m. with Mayor Forsythe callinq the meetinq to order with the Salute to the Flaq. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastinqs, Laszlo Absent: None Also present: Mr. Bankston, city Manaqer Mr. Barrow, City Attorney Mr. CUrtis, Adm~nistrative Assistant/Planninq Ms. Stoddard, Director of Administrative Services Ms. Yeo, city Clerk WAIVER OF FULL READING Doane moved, second by Brown, to waive the readinq in full of all ordinances and resolutions and that consent to the waiver of readinq shall be deemed to be qiven by all Councilmembers after readinq of the title unless specific request is made at that time for the readinq of such ordinance or resolution. AYES: NOES: Brown, Doane, Forsythe, Hastinqs, Laszlo None Motion carried ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Ms. Dorothy Whyte, Colleqe Park East, announced a public forum to be held May 4th at the North Seal Beach Community center, sponsored by the Colleqe Park East Neiqhborhood Association, with the quest speaker, Mr. Bankston, addressinq the City budqet, use of colleqe Park, status of the Bixby project, and winter storm damaqe. There beinq no further comments, Mayor Forsythe declared Oral Communications closed. PRESENTATIONS Mayor Forsythe proclaimed Service Recoqnition Day." proclamation on behalf of appreciation. Saturday, May 8th, 1993 as "Fire Captain Ivan Johnson accepted the the Oranqe County Fire Department with Mr. John Blaydes, McGauqh School principal, reported McGauqh currently instructs eiqht hundred eiqhty-four students ranqinq 4-26-93 from kindergarten through fifth grade, there are twenty-seven classroom teachers plus an enrichment staff, is a cluster school for special education students in the district, five of the seven special ed classrooms serve students ranging from pre-school to fifth grade that have severe learning or physical handicaps, a physical therapy center available for use as well. He noted that twenty-six percent of the students are served by the special ed I programs, twenty percent of the school population is minority, eleven percent is from the Navy housing, sixteen percent are intra-district transfers, fourteen percent are welfare recipients, and the annual transiency rate is about thirty percent. Mr. Blaydes commended the excellence of the student body and the teaching staff, spoke in detail of the various recognitions and awards honoring specific teachers and various programs at the state, federal and international levels, and expressed appreciation for the support of parents, the community, businesses and the city for the education of children, mentioned also the considerable giving of time and resources by the community service organizations for special recognition programs. Mr. Blaydes announced the upcoming Pageant of the Arts Program, the reproduction of famous paintings as performed by the students in a manner similar to the Laguna Beach Pageant of the Masters, also the recent selection of Ms. Barbara Wright as Teacher of the Year. Mr. Blaydes expressed concern with the continuing loss of revenue for public education, the current per child expenditure being $4,686 as compared to the national average of $5,452, or the approximate $28,000 expense for a child within the juvenile justice system. He noted that California is now ranked thirty- fourth of the fifty states in per child education funds as compared to a 1985 ranking of twenty-fifth, class sizes are ranked forty-ninth out of fifty, stated that many schools are I going to year-round classes as there is an insufficient number of classrooms to house the current school population, reported a decline of lottery monies as well, now only $77 per child. He projected upcoming reductions will cut the music program by half, the physical education and media center aides, reduce the media center program, cut night custodial services by half, loss of the computer lab aide and reading lab teacher. Mr. Blaydes requested the support of the community in the education process through participation of persons in the Partners At Learning program, a commitment to work one-half hour per week with a particular child, specifically with the special education or at-risk children. He confirmed that residents of Leisure World are participating in that program. It was noted also that script may be purchased for use at the Lucky and Vons stores of Which six percent is returned to the school. Councilmember Hastings reported the City has designated $9,000 Housinq/Community Development Block Grant monies for an afterschool/summer playground director at McGauqh School, specifically to benefit the children of working parents. Mr. Blaydes expressed appreciation for the opportunity to speak. COUNCIL ITEMS Archaeoloaical Advisorv Committee Councilman Laszlo appointed Ms. Moira Hahn as the second District I Four appointment to the Archaeological Advisory Committee. The Council accepted the appointment by consensus. Ad Hoc Tobacco Control Committee Councilmember Hastings appointed Dr. David Rosenman to the Ad Hoc Committee, Councilman Brown appointed Mr. Roqer Anthony, Mayor Forsythe appointed Ms. Sally Champlain, Councilman Laszlo appointed Ms. Christina Miller, and Councilman Doane appointed Mr. Dennis Pollman. The City Manager explained that the Resolution creatinq the Committee called for an additional four members appointed by the Council, not required to be residents of I I I .' 4-26-93 explained that ZTA 93-1 would then allow the addition of bedrooms in conjunction with major remodels or expansions for those nonconforming residences only due to density and providing all of the required parking, including approved tandem parking. There being no comments from the public, Mayor Forsythe declared the public hearing closed. ORDINANCE NUMBER 1367 - APPROVING ZONING TEXT AMENDMENT 93-1 - ADDITION OF BEDROOMS - NONCONFORMING PROPERTIES Ordinance Number 1367 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONING TEXT AMENDMENT 93-1, DELETING SECTION 28-2407 (A) (4) (c), RELATING TO THE ADDITION OF BEDROOMS TO NONCONFORMING RESIDENCES WITH TANDEM PARKING WITHIN THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1367 was waived. Hastings moved, second by Brown, to approve the introduction of Ordinance Number 1367 and that it be passed to second reading. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried UTILITY USERS TAX The city Manager reported this item was placed on the agenda in compliance with State law to announce the proposal to increase the Utility Users Tax, accept comments from the public, and that the public hearing to consider same is scheduled for May 24th. Mr. Gordon Shanks, Surf Place, recalled his opposition to the initial enactment of the Utility Users Tax, however given the current financial situation he reported the Seal Beach Residential Homeowners Association had recently voted to unanimously support the increase as proposed. STATE BUDGET UPDATE The City Manager said there now appears to be some certainty that AB8 monies will be lost as they are identified in the budget proposals of the Governor, the House and Senate. He mentioned that until the budget crisis not much attention had been paid to local costs resulting from State and Federal legislation, however a review has shown that for the period of 1991/92 and the current year the cumulative cost of State and Federal mandates has been $938,000, last year $32,000 was reimbursed by the State, nothing received from the Federal government, and cited as an example the assistance provided during the riots of last year was to have been reimbursed at a rate of $.75 on the dollar, the expenses incurred by Seal Beach was $89,000, the same ratio applied to storm damage expenses. He reported also that revenues to the City for this fiscal year are ten percent below last year, or just $100,000 over 1989/90 revenues, and adjustment of the utility Users Tax will barely keep the financial situation status quo. Mayor Forsythe cited AB 939 as an example, the State mandated program for implementation of waste reduction and recycling, which required expenditure of funds at the local level for studies, implementation plans, etc., and is now rumored may be a casualty of the State budget. The Manager noted that the aerospace payback of an approximate half million dollars may not be known until August, the issue before the Supreme Court being the payback formula based upon either the three year California statute of limitations or the Federal statute of six years, should the Federal statute be used the amount owed would more than double, and to that, legislation is being proposed requesting the Federal government to waive the six year statute as they, rather than aerospace, are the ultimate recipient of the payback. COUNCIL CONCERNS Councilman Laszlo mentioned his belief that there is more traffic congestion in the area of the freeway entrances/exits since / 4-26-93 CalTrans adjusted the signals at those specific locations, however said he was not ready to request that the timing be changed as yet. He requested that an item relating to campaign financing be placed on the next agenda, consideration of reducing the amount requiring identification of a contributor from $100 to $50, filing of a pre-election campaign statement seven days before an election, limitation of contributions for initiatives, and a restriction from voting on an item where $250 or more was received from a business interest and the issue under consideration involves the contributor. Making reference to the mission of the Armed Forces Reserve Center as a Disaster Support Area in the event of emergencies, Councilman Laszlo reported that he and Councilman Doane will be working to support retention of the 143rd medical unit at the Center, the federal government having indicated their intent to close down that unit earlier than had been thought. Councilmember Hastings reported people sleeping under the bleachers at the Zoeter field and requested that something be done to make that area more inaccessible. In reference to a comment of Mr. Blaydes she questioned the intent of the School District to dispose of the Oak and Rush School sites as a means of easing their financial problems given the need for additional school classroom areas. Mayor Forsythe concurred and referred to the over-crowded conditions at McAuliffe School. The Mayor announced a meeting to be held on April 28th with the Recreation and Parks Commission to discuss activities for the upcoming Founders Day celebration. Councilmember Hastings suggested the official dedication of the greenbelt to the City, as a park in perpetuity, be included in the Founders Day festivities. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Gordon Shanks, Surf Place, referred to the proposal to construct nearly five thousand homes on the bluffs, another four thousand on the wetland area of the Bolsa Chica, also a news article that mentioned a possible land trade when the Tustin Air Base is closed as a means of reducing the magnitude of the Bolsa Chica project. He requested that the Council do anything within its power to encourage reduction of the number of units proposed and the resulting impact on Pacific Coast Highway to access the freeway, the mitigation of that impact is to widen the Highway by two northbound lanes to Sunset Beach. Mayor Forsythe reported another four thousand homes have been approved at Goldenwest and PCH. There being no further comments, Mayor Forsythe declared Oral Communications closed. CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session pursuant to Government Code Section 54956.9(a) to discuss pending litigation is the matters of Mola versus Seal Beach, Wetlands versus Seal Beach, and Stark versus Seal Beach. It was the consensus of the Council to adjourn to Closed Session at 8:14 p.m. The Council reconvened at 8:40 p.m. with Mayor Forsythe calling the meeting to order. The City Attorney reported the Council had discussed the items previously identified and gave direction to staff with respect to the Wetlands case. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn to Monday, May 3rd, 1993 at 7:00 p.m. to conduct a joint workshop with the Planning Commission and Environmental Quality Control Board with respect to parking in the downtown area. By unanimous consent the meeting was adjourned at 8:41 p.m. I I I" I I I 4-26-93 the city yet having an interest, knowledge or expertise in the operation or management of a restaurant, bar, business or facility open to the general public, and a non-voting member appointed by the Orange County Health Care Agency. The Mayor suggested that a list of names be compiled for consideration at the next meeting to fill the remaining four positions on the committee. The Council indicated agreement. CONSENT CALENDAR - ITEMS "E" thru "0" Councilman Laszlo requested Items "K" and "H" be removed from the Consent Calendar, and a member of the audience requested Item "G" removed. Hastings moved, second by Doane, to approve the recommended action for items on the Consent Calendar, except Items "G, H, and K", as presented. E. Approved regular demands numbered 1832 through 1966 in the amount of $319,207.97 and payroll demands numbered 1206 through 1380 in the amount of $277,650.55 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. F. Approved the minutes of the April 12, 1993 regular adjourned and regular meetings as presented. I. Adopted Resolution Number 4217 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING CARL FRANK CORBIN FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD." By unanimous consent, full reading of Resolution Number 4217 was waived. J. Adopted Resolution Number 4218 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, ENDORSING PROCEEDINGS TO FORM THE ORANGE COUNTY FIRE PROTECTION DISTRICT AND AGREEING TO PARTICIPATE IN ACTIVITIES THAT SUPPORT DISTRICT FORMATION." By unanimous consent, full reading of Resolution Number 4218 was waived. L. Proclaimed May 2nd through May 6th, 1993 as "Victims of Pornography Week." M. Received and filed the Monthly Financial Report as of March 31, 1993. N. Received and filed the revised Monthly Investment Report as of February 28, 1993. O. Approved introduction and first reading of Ordinance Number 1366 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF SEAL BEACH, ADDING SECTION 15-24 REGARDING SEIZURE OF FIREWORKS." By unanimous consent, full reading of Ordinance Number 1366 was waived. Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried AYES: NOES: 4-26-93 ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G" - ORDINANCE NUMBER 1365 - BEACHES and PARKS - CURFEW Mr. Gordon Shanks, Surf Place, inquired if exceptions to the curfew hours for certain events or activities had been resolved. The City Manager advised that guidelines for special events will be provided for consideration at the next meeting. Brown moved, 1- second by Laszlo, to adopt 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." By unanimous consent, full reading of Ordinance Number 1365 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "H" - WEST ORANGE COUNTY WATER BOARD BUDGET As the representative to that agency, Councilman Doane concurred with the proposed 1993/94 fiscal year budget for the West Orange County Water Board, and noted an anticipated carryover of monies from the 1992/93 fiscal year. Laszlo moved, second by Doane, to ratify the proposed 1993/94 West Orange County Water Board budget as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "K" - RESOLUTION NUMBER 4219 - APPROVING GMA-6 TRAFFIC SIGNAL TIMING AND COORDINATION PROJECT I RELEASE OF FUNDS At the request of Councilman LaSZlo, the City Manager explained that this funding is the result of the one-half sales tax approved by Measure M in 1990, a portion of which is designated for signalization improvements, and that the Seal Beach allotment for this project is $48,000. He noted that this project consists of ten signals on Seal Beach Boulevard from the 405 Freeway to Pacific Coast Highway and on Westminster Boulevard from Kitts Highway to Road C, the improvements consisting of removal of the individual signal controls and replaced with a master computer hardwired to each to the signals, the timing and phasing will likely be unchanged and should there be a need to make adjustments in the future that will be under the control of the City. Councilman Laszlo inquired if opticon units could be funded by signal synchronization monies. The Manager reported there had been a proposal from the Orange County Fire District to fund opticon units however reports from a number of jurisdictions that claimed the units created more of a safety problem than they eliminated, thus the proposal was dropped. Hastings moved, second by Laszlo, to adopt Resolution Number 4219 as presented entitled "A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING PURCHASE AND INSTALLATION OF GMA-6 TRAFFIC SIGNAL TIMING AND COORDINATION PROJECT AND REQUESTING RELEASE OF FUND FOR PROJECT COST." By unanimous consent, full reading of Resolution Number 4219 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - ZONING TEXT AMENDMENT 93-1 - ADDITION OF BEDROOMS - NONCONFORMING PROPERTIES Mayor Forsythe declared the public hearing open to consider Zoning Text Amendment 93-1, deletion of Section 28-2407(A) (4) (c) of the Municipal Code. 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. Mr. Barry Curtis, Administrative Assistant/Planning, I I , I I I 4-26-93 / 5-3-93 r I . ( \, C ~Clerk and ex-off1 ~ty of Seal Beach " ~/h Approved: ~,~... ./~"'J' / ~~ Mayor Attest: Seal Beach, California May 3, 1993 The City Council of the City of Seal Beach met in regular adjourned session at 7:03 p.m. with the Planning Commission and Environmental Quality Control Board. Mayor Forsythe called the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Plannina Present: commission: Chairman Fife Commissioners (arrived at 7:20 p.m.) Dahlman, Law, Sharp, Soukup Absent: None Environmental Present: Oualitv Control Board: Chairman Voce Boardmember Hotchkiss Absent: Boardmembers Hood, Hurley, Logan Mayor Forsythe stated the purpose of the joint workshop was to seek input as to problems and/or suggested solutions to parking concerns in the downtown area. She noted that recent and prior information/studies relating to parking were available for public review. Staff advised that two hundred fifty notices of the workshop had been mailed, the list of Main Street property owners obtained by means of the most recent assessors parcel roll. The Mayor invited those present to express their views. Comments to the downtown parking issue, in general, were: * Parking impacts to 8th and loth Streets occur after 5:00 p.m., weekends, and throughout the summer. An alternative parking area for restaurant/bar traffic would be helpful. * Parking and noise impacts on residents of Central Avenue should also be given consideration. Impact is the greatest from Friday through Sunday, 5:00 p.m. until 2:00 a.m.; there should be additional signs and police enforcement to ensure use of off-street parking areas.