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HomeMy WebLinkAboutCC Min 1993-10-25 I :1 I 10-11-93 I 10-25-93 for repair of the sidewalk as well as additional time to hopefully assure that the wall will be retained, noting that the Homeowners Association is presently pursuing a petition drive to amend the Community Services District Charter to allow for maintenance of the wall, at which point a recommendation would be presented to Council to quitclaim the wall to that District. with regard to the mention of the removal of the video games from the Rossmoor Center theater and further actions for noise abatement, the Manager reported an indicated intent of the Center to submit plans to the city to reconfigure. the parking area, incorporating landscaping, and islands that could be closed off, it is also understood that through a joint effort of the Center and the theater a noise study has been completed, a copy of which has been requested by the City. Councilman Laszlo recalled having been the sole councilperson several years ago in support of a slow growth initiative, the measure defeated by thirty-two votes citywide with a seventy percent vote against by Leisure World, and indicated his readiness to go forward with an initiative effort for no smoking in restaurants. The City Attorney acknowledged that the campaign reform ordinance from the city of Whittier has been reviewed, advised that a draft ordinance is scheduled for consideration of this Council at the next meeting, the ordinance includes a definition of contribution, requires a seventh day prior to election campaign report, the reporting requirement is applied to initiative, referendum and other city measures, and offered to review further the contribution regulations for a husband and wife. ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn until Monday, October 25th, 1993 at 6:00 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent at 8:08 p.m. of the Approved: Attest: Seal Beach, California October 25, 1993 The city Council of the city of Seal Beach met in regular adjourned session at 6:03 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. 10-25-93 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 I CLOSED SESSION The City Attorney announced that the city Council would meet in Closed Session to discuss personnel matters and pursuant to Government Code Section 54956.9(a) to discuss Lupash versus Seal Beach and Stark versus Seal Beach. By unanimous consent, the Council adjourned to Closed Session at 6:05 p.m. The Council reconvened at 6:45 p.m. with Mayor Forsythe calling the meeting to order. The city Attorney reported the Council had discussed the matters previously announced, pending labor negotiations and items of pending litigation, and no action was taken. ADJOURNMENT Brown moved, p.m. AYES: NOES: second by Hastings, to adjourn the meeting at 6:46 Brown, Doane, Forsythe, Hastings, LaSZlo None Mot~n carried Clerk an ex-off1C10/ of Seal Beach the 1- Approved: Attest: Seal Beach, California October 25, 1993 The City Council of the City of Seal Beach met in regular session at 7:08 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 I~ Absent: None Also present: Mr. Bankston, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mrs. Stoddard, Director of Administrative Services Mrs. Yeo, City Clerk I I I 10-25-93 WAIVER OF FULL READING Brown 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. Ms. Dorothy Whyte, Founders Day Committee Chairperson, reminded all of the Masquerade Ball, the Monster Mash hosted by the Recreation Department for age group children in conjunction with the BaIlon October 29th, as well as the pancake breakfast, parade, the official dedication of the Greenbelt, entertainment and festivities on October 30th. Ms. Whyte invited all to attend. Ms. Shari Nemirow, President of the Chamber of Commerce, reported the locations to obtain tickets to the Masquerade Ball to be held at the Bixby Office Park Atrium, and mentioned five local restaurants that will be providing a variety of food for that occasion. There being no other comments, Mayor Forsythe declared Oral Communications closed. COUNCIL ITEMS LEAGUE REPRESENTATIVE - SOUTH COAST AIR OUALITY MANAGEMENT DISTRICT Laszlo moved, second by Brown, to direct the voting delegate to the Orange County Division of the League to support the reappointment of Mr. Henry W. Wedaa as the League representative to the SCAQMD. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried Brown moved, second by Laszlo, to allow Councilmember Hastings to present a Council Concern out of order at this time. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried COUNCIL CONCERN - PARKING AREA - SEAL BEACH BOULEVARD Councilmember Hastings said it was her understanding that a petition was being circulated in opposition to consideration of a parking area on the easterly side of Seal Beach Boulevard on Navy property to which her name was being associated as a sponsor of that proposal. Councilmember Hastings stated neither she nor the city are sponsoring the construction of such parking area, and that her concern in that regard would be with public safety and City liability inasmuch as the location would be within the explosive arc of the station. At the request of the Councilmember, the City Manager recalled having been contacted by the station's Public Information Officer several months past inquiring as to the city's position with regard to making application for a parking area on Navy property to which the PIO was advised that the City was not considering nor was making application for such use, yet was interested in obtaining approximately five feet of the area for bike lane purposes. He mentioned having later found that it was a private citizen who had indicated an interest in the parking area, however offered that should this ever become a proposal, it would require discussion by the City Council taking into consideration liability, cost of development, maintenance, etc. The Manager noted a more recent conversation with the Navy'S legal department where it was again confirmed that a request for a parking area 10-25-93 was not initiated by the city nor was there any record of city support for same, and the Navy confirmed their intent to deny the request they had received. The Manager did confirm that staff has once again looked at the easterly side of the Boulevard in order to make application for use of a minimum of two feet to proceed with implementation of a bike lane in that specific area. I CONSENT CALENDAR - ITEMS "B" thru "0" Councilmember Hastings requested that Item "0" be removed from the Consent Calendar, and Councilman Laszlo requested that Items "H", "K" and "M" be removed. Brown moved, second by Hastings to approve the recommended action for items on the Consent Calendar, except Items "H, K, M and 0", as presented. B. Approved the minutes of the regular meeting of October 11, 1993. C. Approved regular demands numbered 3493 through 3645 in the amount of $331,195 and payroll demands numbered 3869 through 4055 in the amount of $255,692.53 as approved by the Finance committee, and authorized warrants to be drawn on the Treasury for same. D. E. Received and filed the Final Supplemental Environmental Impact Report for the Selective Catalytic Reduction System for Alamitos Generating Station unit 5, and instructed staff to forward same to the Environmental Quality control Board for information purposes. I Adopted Resolution Number 4264 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE POSTING OF NO PARKING ANYTIME SIGNS ON PACIFIC COAST HIGHWAY EAST OF SEAL BEACH BOULEVARD." By unanimous consent, full reading of Resolution Number 4264 was waived. F. Adopted Resolution Number 4265 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, AUTHORIZING THE DESTRUCTION OF CERTAIN PERSONNEL RECORDS." By unanimous consent, full reading of Resolution Number 4265 was waived. Received and filed the staff report relating to the Federal Reactive organic Compounds Rate-Of-Progress Plan - South Coast Air Quality Management District PUblic Hearing, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for the purpose of information. 1. Proclaimed October 27, 1993 as "National Unfunded Mandates Day." G. I J. Approved the Agreement for Prosecution Services by and between the County of Orange and the City of Seal Beach for the period commencing July 1, 1993 and ending June 30, 1998, and authorized the I I I 10-25-93 L. Mayor to execute said Agreement on behalf of the city. Adopted Resolution Number 4266 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, SUSTAINING THE APPEAL OF THE PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT #93-10, THEREBY APPROVING A REQUEST FOR AN ALCOHOL-RELATED LAND USE ENTITLEMENT FOR ON-PREMISE SERVICE OF BEER AND WINE AT THE FIT STOP, 12235 SEAL BEACH BOULEVARD, SEAL BEACH, CA." By unanimous consent, full reading of Resolution Number 4266 was waived. N. Received and filed the staff report relating to a legislative interim hearing on the proposed elimination of City Conditional Use Permits for liquor stores, authorized the city Manager to commence an education process of legislators on the law enforcement problems that occur surrounding many liquor stores, and instructed staff to forward same to the Planning Commission for information purposes. P. Received and filed the Monthly Investment Report as of September 30, 1993. Q. Authorized staff to enter into a lease agreement with The Associates for the purchase of the Athey/Mobile Street Sweeper pending final approval of the lease documents by the City Attorney. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" - REOUEST FOR PROPOSAL - FIXED ASSET INVENTORY In response to Councilman Laszlo, the City Manager clarified this item to merely be a request to solicit proposals to conduct a fixed asset inventory therefor the exact cost is unknown however estimated to be in the area of $20,000. Laszlo moved, second by Doane, to authorize staff to proceed with the Request for Proposals for a Fixed Asset Inventory, Appraisal and Management System. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "K" - ORDINANCE NUMBER 1376 - TOBACCO CONTROLS Councilman Laszlo stated his intent to vote against adoption of this ordinance as he felt it should be broader. Brown moved, second by Hastings, to approve second reading and adopt Ordinance Number 1376 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 15 OF THE CITY CODE OF THE CITY OF SEAL BEACH RELATING TO TOBACCO CONTROLS." By unanimous consent, full reading of Ordinance Number 1376 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings Laszlo Motion carried ITEM "M" - SPECIFICATIONS/BID - CITY VEHICLES Councilman Laszlo inquired as to the amount of this purchase. The city Manager noted that this item is a request for bids only and it is preferable to not specify estimates of cost prior to 10-25-93 receipt of bids. He clarified that the purchase of these items was included in the adopted budget and upon receipt of bids a recommendation will be forthcoming for either a direct purchase, lease purchase, or rejection of the bids, and that the award can be made for an individual item or a package depending upon the amount of the bides). The Manager described the proposed purchase as two small pick-Up vehicles for the Building I Inspectors, that eliminating the monthly auto allowance and producing a budget savings, the replacement of the Parks Maintenance vehicle with a stake-bed truck and replacement of a rescue vehicle for the Lifeguard Department. He confirmed a POST standard, although not mandatory, for replacement of police vehicles upon reaching a certain mileage, the courts also having looked critically upon local agencies when vehicles exceeding the mileage criteria have been involved in litigation. Brown moved, second by Forsythe, to approve the specifications and authorize the City Manager to advertise for bids for Building Inspector, Lifeguard and Park Maintenance vehicles. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "0" - ORDINANCE NUMBER 1377 - ELECTION CAMPAIGN REGULATIONS Ordinance Number 1377 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ADDING CHAPTER 1B TO THE CODE OF THE CITY OF SEAL BEACH, REQUIRING ADDITIONAL CAMPAIGN FINANCIAL DISCLOSURE FROM CANDIDATES FOR CITY COUNCIL AND COMMITTEES IN SUPPORT OF OR OPPOSING SUCH CANDIDATES AND COMMITTEES SUPPORTING OR OPPOSING BALLOT MEASURES, LIMITING THE AMOUNT OF CAMPAIGN CONTRIBUTIONS IN CITY COUNCIL CAMPAIGNS, AND ESTABLISHING A VOLUNTARY CAMPAIGN EXPENDITURE CEILING FOR CITY COUNCIL CANDIDATES." By unanimous I consent, full reading of Ordinance Number 1377 was waived. Councilmember Hastings mentioned that a resident has forwarded a copy of this ordinance to Mr. Stearn and Common Cause requesting their comments or suggestions, and inquired as to the effective date of the ordinance. The City Attorney explained that State law was recently amended to provide for a uniform nomination period therefore the nomination process in this City will commence on December 6th and if the proposed ordinance were to receive first reading at this meeting, be adopted on November 8th, it would become effective on December 8th, and should those actions be postponed candidates will likely receive contributions prior to its effective date. He suggested Council consideration of moving forward with the ordinance as proposed, that any comments be forwarded to him for review, and the ordinance could subsequently be considered for amendment if deemed appropriate. After brief discussion, Hastings moved, second by Doane, to approve the introduction of Ordinance Number 1377, with the provision that should comments be forthcoming they will be reviewed. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - ESTABLISHING FEES - MITIGATION MONITORING I PROGRAM Mayor Forsythe declared the public hearing open to consider the establishment of Mitigation Monitoring Program implementation fees. 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 matter. The Director of Development Services presented the staff report, explaining that the purpose of this proposal is to establish a fee schedule to recover City staff and City Attorney costs in the implementation of CEQA or locally required mitigation monitoring program activities, generally applying to projects that require a I I I 10-25-93 conditional use permit or variance where some type of environmental analysis is necessary and followed by certain mitigation measures. There being no pUblic comments, Mayor Forsythe declared the pUblic hearing closed. RESOLUTION NUMBER 4267 - ESTABLISHING FEES - MITIGATION MONITORING PROGRAM Hastings moved, second by Laszlo, to adopt Resolution Number 4267 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING RESOLUTION NO. 4195 ESTABLISHING A FEE FOR MITIGATION MONITORING PROGRAM IMPLEMENTATION." By unanimous consent, full reading of Resolution Number 4267 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CITY MANAGER REPORTS None were presented. COUNCIL CONCERNS At the request of Councilman Brown, the City Manager advised that no new information has come forward regarding the Rossmoor wall, however an engineering survey of the specific area is anticipated by the end of the week, and as a point of clarification noted that it would be of no advantage or cost benefit to the Rossmoor Homeowners Association to present a measure to the voters of that area relating to the wall on the same date as this City's upcoming election, rather it would need to be a special or consolidated election conducted by the County. The Manager advised of a meeting scheduled for the following day regarding the Rossmoor Center theater issue, noted that preliminary drawings have been prepared of the rear parking area closest to the residential units showing an intensification of parking and islands that would allow the closure of that area of parking during certain hours, and offered to advise the Council of the results of the upcoming meeting. Councilman Laszlo mentioned a recent news article relating to the Bixby project, which he said the last paragraph was in error, that his comment had been that he had not seen the Environmental Impact Report however understood there may be some traffic problems related to that project. He noted also a conversation with representatives of the opticon representative at the recent League of cities conference. The City Manager reported the proposal of the Orange County Transportation Authority is that such devices be used for pOlice, fire and paramedics, however based upon personal experience the opticon was found to work well for fire and paramedics yet tended to be overused with the inclusion of police. He recalled that the position of the City Council was not in opposition to making a determination on that system, rather to allow each city to make the determination as to where that system would be placed on their Measure M priorities. He reported however that it is understood OCTA has received majority approval from other jurisdictions therefore will be going forward with a countywide system using Measure M funds. Counci1member Hastings expressed appreciation to the city Manager and Police Chief for the presence of police officers in the downtown area on weekends, walking the streets and pier, noted also her desire to go forward with the downtown pOlice substation. She praised the McGaugh School carnival, the food, the booths, decorations, games and rides. Mayor Forsythe proclaimed the great success of the McGaugh carnival as well, and commended the many persons who participated in making it so. The Mayor noted the upcoming "Red Ribbon Week", a reminder to "just say no to drugs", and urged parents to take time to talk to their children regarding drug use. 10-25-93 I 11-8-93 ORAL COMMUNICATIONS There were no Oral communications. CLOSED SESSION No Closed session was held. ~~~~T I It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, November 8th, 1993 at 6:00 p.m. to meet in Closed Session if deemed necessary. The meeting was adjourned by unanimous consent at 7:54 p.m. i'JIu~,,(1lh lerk and ex-offl. of Seal Beach the Cl. C Attest: Approved: Seal Beach, California November 8, 1993 I The regular adjourned meeting scheduled for 6:00 p.m. this date was cancelled given the lack of Closed Session items requiring discussion. DA~~~U.90zt M. Yeo, city C of Seal Beach 1993. Seal Beach, California November 8, 1993 The city Council of the city of Seal Beach met in regular session at 7:03 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 I Absent: None Also present: Mr. Bankston, City Manager Mr. Barrow, city Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk