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HomeMy WebLinkAboutCC Min 1993-09-13 9-13-93 Seal Beach, California September 13, 1993 The regular adjourned city council session scheduled for 6:00 this date was canceled due to the lack of closed Session requirin discussion. I Seal Beach, California September 13, 1993 The city Council of the city of Seal Beach met in regular session at 7:06 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Bankston, city Manager Mr. Barrow, city Attorney Mr. Whittenberg, Director of Development Services Mr. Seymour, Director of Parks and Recreation Ms. McGlynn, Recreation Supervisor Mrs. Yeo, City Clerk I WAIVER OF FULL READING Laszlo moved, second by Hastings, 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. John Richards, resident of Rossmoor and avid walker, said the Rossmoor Center is not pedestrian friendly whereas there are no sidewalks into the Center or designated walking zones. Although uncertain as to whether responsibility would lie with the City or the Center, Mr. Richards suggested that pedestrian zones be striped I in bright orange and be safe for persons walking, bicycling, skateboarding, etc. He noted this concern has been brought to the attention of the property manager of the Center, also suggested that the county be contacted and requested to consider crosswalks on Montecito Road at Main Way and Copa de Oro. Councilman Brown reported this matter was already a point of discussion at the Center this date, and offered to assist Mr. Richards to resolve this concern. Ms. Betty Cheevers, Leisure World, made reference to a new sign regulation distributed by the administrative services of Leisure World which she claimed prohibits the exposure of signs or advertising of any kind from .1 I 1 -, 9-13-93 within or outside any unit in a mutual, and upon adoption will become a regulation for occupancy. She claimed this to be a violation of civil rights and free expression, as well as a control of elections and the voting process. Ms. Cheevers said her letter to the editor of the Leisure World newspaper was rejected as being accusatory, with the reply stating that the editor's interpretation of the regulation is that it applies only to advertising matter and that a clarification of same should be sought from the mutual board. Councilman Brown explained that Leisure World legal counsel had been directed to draft regulations governing signs as a result of an on-going problem with advertising signs, the regulation ultimately adopted with the thinking that it related specifically to advertising yet was later realized that it was much broader. He noted that the mutual in which he resides has revised the regulation to permit signs with the exception of direct advertising. As a mutual president, Councilman Brown said he had obtained an independent legal opinion that in the case of apartments, condominiums, mobile homes, etc. the property owner has the authority to restrict the placement of signs by a tenant without affecting first amendment rights, which would likewise apply to the independent mutuals of Leisure World. He explained that each mutual is a separate corporation with an elected board of directors, the resident(s) of each unit owns one share of mutual stock yet does not own the property. The Mayor indicated her desire to research this issue further with the City Attorney. Ms. Linda StObbe, 130 Cottonwood Lane, said she was present with the verbal of approval of a majority of the homeowners of the Trailer Park to express concern with a number of negative comments that have be made relating to the Park and to speak of the positive qualities of the Park in order to improve its image and standing within the community. Ms. Stobbe offered that the words 'trailer park' carries a negative connotation, reference to 'trailer court' is a further negative, rather, the Park is an area of affordable housing and without it the City would be required to develop low/moderate housing elsewhere in the City. She cited Trailer Park tax dollars generated to the Redevelopment Agency as contributing to the development of community facilities; the Park requiring no city maintenance of its facilities or infrastructure; the typical Park resident is a young, working family starting out in a nice environment, many young and middle-age working professionals; the low income standard to qualify for residence in the Park ranges from $27,800 to $89,500 and medium income commences at $56,500. She said the older trailers are entitled by State law to be remodeled and upgraded to current standards, to allow adequate living space; and the Seal Beach Park has received awards for innovation in providing affordable housing and serves as a roll model for other parks. Ms. Stobbe asked that negative comments relating to the Park be replaced with those of pride. There being no further comments, Mayor Forsythe declared Oral Communications closed. PRESENTATION - CAMP MARINA Mr. Andy Seymour, Director of Parks and Recreation, introduced the Camp Marina presentation, the most actively participated program of the Department, this year featuring ten one-week sessions with an enrollment of over five hundred young people, a program which the Camp Marina staff accomplished in an outstanding manner under the supervision of Ms. Kathleen McGlynn. Slides were presented showing the young people participating in the various Camp activities. Ms. McGlynn noted that Camp participants range from age five to twelve, described the many special events included in this summer's Camp activities, and introduced with appreciation the Camp Marina staff and the young participants present in the audience. 9-13-93 COUNCIL ITEMS APPOINTMENT - PLANNING COMMISSION Councilman Laszlo nominated Ms. Patty Campbell, 4433 Ironwood Avenue, to fill the District Four vacancy on the Planning commission for the unexpired term ending July, 1996. He reviewed past community and work experiences and education background of I" Ms. Campbell. Hastings moved, second by Forsythe, to approve the appointment of Ms. Patty Campbell to the District Four position on the planning Commission. AYES: Brown, Doane, Forsythe, Hastings, Laszlo NOES: None Motion carried CONSENT CALENDAR - ITEMS "c" thru "u" and "V" Mayor Forsythe requested that Item "U", the proposed Public Tree Ordinance, be removed from the agenda and referred back to staff, and that Item "V", continuation of the public hearing relating to The Fit stop, be included on the Consent Calendar. Brown moved, second by Hastings, to approve the recommended action for items on the Consent Calendar, including agenda Item "V", except Item "U", as presented. C. Approved the minutes of the regular adjourned and regular meetings of August 23rd, 1993. D. Approved regular demands numbered 2835 through 2846 in the amount of $63,865.52, regular demands numbered 3058 through 3251 in the amount of $869,312.26, and payroll demands numbered 3270 through 3470 in the amount of $262,138.05 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. I E. Ordinance Number 1374 received second reading and was adopted entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA REGARDING ADJUSTMENT OF THE PER-BARREL TAX ON OIL, GAS, PETROLEUM OR OTHER HYDROCARBON SUBSTANCE PRODUCTION AND AMENDING THE CODE OF THE CITY OF SEAL BEACH. By unanimous consent, full reading of Ordinance Number 1374 was waived. F. The week of September 17th through September 23rd, 1993 was proclaimed "Constitution Week" by the Mayor. G. Adopted a support position of Senate Bill 727 (S.727), the "California Ocean Protection Act of 1993" introduced by Senator Boxer and co-sponsored by Senator Feinstein. Received and filed the status report relating to the Southern California Association of Governments Proposed 1993 Regional Comprehensive Plan (RCP) and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. H. I I. Received and filed the status report relating to the Coastal Commission override of certified LCP (Local Coastal Plan I ref. city of Sand City). . , ,I Received and filed the staff report regarding the Federal Reactive Organic Compounds Rate-Of- progress Plan - South Coast Air Quality Management District - Notice of Completion of a Draft Supplemental Environmental Impact Report and instructed staff to forward same to the ' Planning Commission and Environmental Quality Control Board for information purposes. X. Received and filed the status report regarding SB 1234, Government Financing and Redevelopment Reform. J. L. Approved the Graffiti Removal Agreement between the City and the County of Orange, permitting County entry onto City property and private property in the City upon permission of the property owner for the purpose of graffiti removal, the term of said Agreement for a period of five years. M. Instructed staff to forward suggested comments on the Draft Supplemental Environmental Impact Report for the Selective Catalytic Reduction System for the Alamitos Generating Station Unit 5 to the South Coast Air Quality Management District. I Authorized the city Manager to prepare a letter request for update of "Airport Environs Land Use Plan" relating to the Los Alamitos Armed Forces Reserve Center, and received and filed the staff report. o. Bids were received by the City Clerk for project Number 638, Resurfacing of Ironwood, Candleberry and Hazelnut Avenues, Fuschia Street and Daisy circle, until september 7, 1993, 11:00 a.m., at which time they were publicly opened as follows: N. Silvia Construction, Inc. Boral Resources Sully Miller R. J. Noble Company Excel Paving Company $119,917.00 126,742.00 128,201.50 131,565.00 131,837.00 P. Awarded the bid for project Number 638 to Silvia construction, Inc. in the amount of $119,917.00 and authorized the City Manager to execute the contract on behalf of the city. Adopted Resolution Number 4253 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 #630 - COLLEGE PARK EAST STREET RESURFACING. By unanimous consent, full reading of Resolution Number 4253 was waived. I Q. Adopted Resolution Number 4254 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 4186, TO ESTABLISH AN ABSENCE PROVISION FOR THE ARCHAEOLOGICAL ADVISORY COMMITTEE." By unanimous consent, full readinq of Resolution Number 4254 was waived. 9-13-93 9-13-93 S. Adopted Resolution Number 4255 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING FINAL PARCEL MAP 92-261" (Rockwell International corporation). By unanimous consent, full reading of Resolution Number 4255 was waived. Adopted Resolution Number 4256 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH OPPOSING A COUNTYWIDE SIGNAL PREEMPTION SYSTEM." By unanimous consent, full reading of Resolution Number 4256 was waived. I R. T. Adopted Resolution Number 4257 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONDITIONALLY APPROVING MINOR HEIGHT VARIATION 93-1 TO ALLOW A COVERED ROOF ACCESS STAIR, DENYING VARIANCE 93-3, AND ESTABLISHING AN AMORTIZATION PERIOD FOR A NON-CONFORMING OBSERVATORY DOME AT THE PROPERTY GENERALLY KNOWN AS 1305 SANDPIPER DRIVE" (Amortization period of one year expiring September 13, 1994). By unanimous consent, full reading of Resolution Number 4257 was waived. u. (The proposed Public Tree Ordinance was removed from the Consent Calendar and referred to staff). V. Rescheduled the public hearing to consider the appeal of Planning Commission denial of CUP- 93-10, a request for an alcohol related land use entitlement (on premise beer and wine), 12234 Seal Beach Boulevard, The Fit Stop, for October 11, 1993 as requested by the applicant. I AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried Councilman Doane was absent from the meeting for a brief period. CITY MANAGER REPORTS FOUNDERS DAY ACTIVITIES The city Manager reported the Founder's Day Committee is seeking City Council approval and authorization to proceed with a Masquerade Ball to be co-sponsored by the Seal Beach Chamber of Commerce for the evening of October 29th, 1993, a Main Street Parade and Festival on the Green Belt on October 30th, the activities for the Festival to include formal dedication of the Green Belt, a food court in the City parking lot at Main Street and Electric Avenue, game and other display booths on the Green Belt, and a pancake breakfast is being considered for the morning of October 30th. Hastings moved, second by Forsythe, to approve I the events proposed and that the Founders Day Committee be authorized to proceed. AYES: NOES: ABSENT: Brown, Forsythe, Hastings, Laszlo None Doane Motion carried COUNCIL CONCERNS Councilmember Hastings extended a Happy New Year to three local Rabbis, and cited the signing of the Peace Accord by Israel and the PLO this day as an auspicious way to start a New Year. I I I 9-13-93 Counci1member Hastings mentioned another recent incident of robbery which occurred on Ocean Avenue between 3rd and 4th streets at approximately 11:00 p.m., which she said is intolerable for downtown residents. The City Manager conveyed concern with the number of armed robberies, double that of last year, the geographic location of the incidents primarily on Ocean Avenue, Main street and the pier area, however noted an increase in other areas as well. He pointed out that the relative location of Seal Beach to other cities should not be overlooked, also that the crime rate remains as the second lowest in Orange County. He mentioned that the Police Department has reviewed their deployment, made shift adjustments, response time has been maintained, officer assignments to other activities are going to be looked at, an additional patrol zone may be finalized as early as tomorrow specific to those areas of highest incidents, and the recruitment of five reserve officers and two police officers is in the final stages. He again noted that although there were no injuries in the Saturday incident any occasion of armed robbery is extremely serious, in that case the call to the Police Department was approximately five minutes after the incident, an officer was on the scene in thirty-five seconds, and the three suspects are believed to be the same as those involved in an earlier robbery within the area. The Manager mentioned that the suspect in the pier incident a week earlier is in custody and that case appears to be strong. Councilman Brown inquired if there was any information as to the whereabouts of Sol John, to which the response was no. Councilman Doane requested clarification of the upcoming half-cent sales tax ballot measure and the designated use of those monies. The city Manager responded that Proposition 172, on the November ballot, is the half-cent sales tax that is presently being charged and collected by the State and will expire January 1st unless the measure receives a favorable vote of the electorate. He noted that if approved those monies will be restricted to public safety use only, approximately $120,000 to the city of Seal Beach, and it would be the recommendation of staff that those monies be designated for staffing of a Police substation and related substation costs. The Manager reported the Department is presently down by ten officers, a thirty percent reduction of field personnel, some due to injuries however three of those persons will resume their working duties in the near future. He clarified a misconception that the half-cent sales tax is a Seal Beach imposed tax, rather it is a current State imposed tax. Counci1member Hastings announced that the Beach Commission is organizing a beach cleanup for October 2nd, also in the process of writing a mission statement for the commission. Mayor Forsythe announced a public input meeting the following evening relating to a smoking policy for the City, also notification that some hours have been restored for the local libraries, effective September 17th the Leisure World branch to be open on Saturdays from 10:00 a.m. until 4:00 p.m. and the Mary Wilson branch to be open on Tuesdays from noon until 8:00 p.m. The Mayor reported that as a result of recent changes to cable regulations, information has been received that effective October 6th it is likely that channels 2, 4, 5 and 11 will no longer be shown by Comcast Cable, also that the revised cable rates will include a fee to cover the franchise payment to the city. The Manager explained that one condition of deregulation was that cable companies must negotiate a revenue payback with the over-air networks, the specific position or action of Comcast Cable is uncertain, however offered to provide any new information to the Council. To a question of council, he indicated belief that the Comcast Cable franchise is due to be reconsidered in approximately three years. 9-13-93 ORAL COMMUNICATIONS Mayor Forsythe declared Oral communications open. In reference to earlier comments, Mr. Gordon Shanks, 215 Surf Place, acknowledged that he and others have been and will continue to be critical of the management of the Trailer Park until such time as it improves, which he said is not a criticism or att~ck on the persons who reside there. He acknowledged also that the Trailer 1- Park is the low income housing for the city, however claimed that it came at a high price and is one of the reasons the Agency is in debt, explained as well that past comments relating to the Park were meant as a warning for the Council to use caution in their considerations. With regard to the Leisure World regulation of signs, Mr. Shanks claimed that under past Leisure World management rules were applied to some persons and not to others, which tends to make some persons wary. Councilman Brown countered that that may have been the case twenty years ago but it is not the case now. Councilman Laszlo questioned whether the Trailer Park is fulfilling the need as designed to be low and moderate income housing, as that is not what now exists. councilmember Hastings recalled the statement that the city realizes no expense for maintenance of facilities in the Park, however pointed out that the Park is privately owned, also that prior city expenditures allowed the property owner to develop and offer affordable housing. Dr. David Rosenman, Seal Beach, mentioned a Sunday newspaper article citing two Orange County tourist cities and a redevelopment project that is not doing well, to which he said caution should be used where new development offers incentives. He suggested reactivation of a Cable Committee to lend assistance to city staff with the cable issue. With regard possible relocation of Comcast Cable from 201 Eighth Street, the City Manager said he had only heard that they may move their facility within a couple of months, the lease I however runs for a greater length of time, the studio and its equipment is another issue, and that a written response to several questions he had posed to the Regional General Manager is being awaited. Ms. Betty Cheevers supported the comment of Mr. Shanks with regard to special privileges for some persons in Leisure World and claimed she has been intimidated by Leisure World police when she would not disclose materials she was carrying. She spoke regarding Leisure World solicitation regulations, specifically the distribution of literature and campaigning, and suggested that those regulations could likely be challenged as interfering with the election process. As a ten year active resident of Leisure World, Councilman Brown said he has spoken with hundreds of residents who are pleased to be living there, yet the comments made imply that Leisure World is less than a nice place to live, and said although it may not be perfect it is certainly much better than anything else that presently exists. There being no further comments, Mayor Forsythe declared Oral communications closed. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, September 27th at 6:00 p.m. to I meet in Closed session. By unanimous consent, the meeting was adjourned at 8:30 p.m. lerk of the I I .1 9-13-93 I 9-27-93 Approved: ..d~AI {~;lA--L L. Attest: Seal Beach, California September 27, 1993 The City Council of the City of Seal Beach met in regular adjourned session at 6:00 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 Mrs. Yeo, city Clerk CLOSED SESSION The city Attorney announced that the city Council would meet in Closed Session pursuant to Government Code Section 54956.9(b) to discuss a matter of pendinq litiqation where, in the opinion of the City Council, there is siqnificant exposure to litiqation, to also discuss labor neqotiations. By unanimous consent, the Council adjourned to Closed Session at 6:03 p.m. A majority of the city Council reconvened at 6:29 p.m. with Mayor Forsythe callinq the meetinq to order. The City Attorney reported the Council had discussed the items previously identified, qave direction to the City Manaqer, and no other action was taken. ADJOURNMENT Brown moved, second by Forsythe, to adjourn the meetinq at 6:30 p.m. AYES: NOES: ABSENT: Brown, Doane, Forsythe None Hastinqs, Motion carried Jh Clerk and ex-off1C1 of Seal Beach Approved: Attest: