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HomeMy WebLinkAboutCC Min 1993-12-13 I I I 12-13..,.93 Seal Beach, California December 13, 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. ROLL ClIT .L Present: 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 to discuss a matter relating to the 1120 Central Condominiums, united States District Court Case Number SA CV-93-360-LTL. The Council adjourned to Closed Session at 6:05 p.m. and reconvened at 6:36 p.m. with Mayor ,Forsythe calling the meeting to order. The city Attorney reported the Council had discussed the case previously announced, no action was taken. ADJOURNMENT Forsythe moved, second by Hastings, to adjourn the meeting at 6:38 p.m. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried (l;;;,,,}h l- fi C1ty €lerk and ex-off1wlc/~~rk of the C~~Of Seal Beach I Approved: Attest: Seal Beach, California December 13, 1993 The City Council of the City of Seal Beach met in regular session at 7:04 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Brown, Doane, Hastings, Laszlo Absent: None 12-13-93 Also present: Mr. Bankston, city Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk WAIVER OF FULL READING I' 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. Mr. Gordon Shanks, 215 Surf Place, voiced in support for the postponement of the UNOCAL hearing, also the suggestion of a Councilmember at the recent public meeting relating to the UNOCAL issue to conduct further environmental studies. Mr. Shanks suggested that influence be directed to the Coastal commission to encourage their approval of allowing UNOCAL to perform the oil separation process offshore, a solution that may avoid potential litigation by either the residents or UNOCAL. There being no further comments, Mayor Forsythe declared Oral Communications closed. COUNCIL ITEMS APPOINTMENT - ARCHAEOLOGICAL ADVISORY COMMITTEE Councilmember Hastings moved to appoint Mr. Michael Aviani, 207 - 3rd street, to the vacant District One appointed position on the Archaeological Advisory committee. Councilman Laszlo seconded the motion. I AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CONSENT CALENDAR - ITEMS "B" thru "N" A member of the audience requested that Items "K" and "L" be removed from the Consent Calendar. Hastings moved, second by Brown, to approve the recommended action for items on the Consent Calendar, except items "K" and "L", as presented. B. Approved the minutes of the November 22nd, 1993 regular meeting. C. Approved regular demands numbered 3904 through 4040 in the amount of $395,199.46 and payroll demands numbered 4408 through 4750 in the amount of $475,324.02 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. D. Approved second reading and adoption of Ordinance Number 1379 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND BRIAN KYLE AND JIM KLISANIN FOR THE 212 MAIN STREET PROJECT (VARIANCE 93-1)." By unanimous consent, full reading of Ordinance Number 1379 was waived. I I I I 12-13-93 E. Approved second reading and adoption of Ordinance Number 1380 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONING TEXT AMENDMENT 92-6, AMENDING SECTIONS 28-400, 28-401, 28-700, 28-800, 28-2316.2(H) AND ADDING SECTION 28-233.1 OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1380 was waived. F. Authorized staff to solicit quotes and proceed with the emergency overhaul of the natural gas engine at the Bolsa Chica Well, and appropriated $42,000 from undesignated reserves of the Water Fund (017) for same. G. Proclaimed the month of December, 1993 as "National Drunk and Drugged Driving Prevention Month." H. Bids were received until 11:00 a.m., Monday, November 29, 1993 for Project Number 634, Bolsa Chica Well Electric Motor and Variable Speed Drive unit Replacement, and said bids were opened at 1:30 p.m. as follows: Caliagua, Inc. $141,387.00 Rejected the sole bid, Caliagua, Inc., as being higher than the budget estimate, and authorized the City Manager to readvertise Project Number 634. I. Declared Police Unit #41865, the Mustang Saleen, as surplus and authorized the City Manager to advertise its sale through a closed bid process, setting a minimum bid of $15,000. Adopted Resolution Number 4279 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A PARTIAL ASSIGNMENT AND AUTHORIZING THE EXECUTION THEREOF" (BREITBURN ENERGY CORPORATION). By unanimous consent, full reading of Resolution Number 4279 was waived. J. M. Proclaimed December 14th, 1993 as "Rockwell International corporation - united Way Donate Once Day." N. Authorized temporary authority for the City Manager to issue demands on the Treasury prior to the next city Council meeting when deemed necessary to avoid penalties and/or to meet contractual or other committed obligations for those items which have been approved within the 1993/94 fiscal year budget. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "K" - MAIN STREET SPECIFIC PLAN - CONSULTANT SELECTION Making reference to Tasks 2.0/2.1 of the consultant's Work Program, Councilman Laszlo noted no scheduled interviews of 12-13-93 citizens relating to the Main specific Plan. The Director of Development Services reported that a questionnaire will be sent to all residents and businesses south of Pacific Coast Highway inviting input to the Specific Plan. Mr. Charles Antos, 328 - 17th street, noted the use of in-lieu parking funds to pay for the Main Street study, suggesting that prior studies and reports be utilized in this effort as well. Making reference to his I familiarity with AB1600 through his employment, Mr. Antos said Section 66000 of the Government Code, relating to the collection - of in-lieu parking fees, suggests the adoption of a capital improvement plan and requires a relationship between the fee charged and what those fees are going to be used for, in other words other steps must be taken to collect in-lieu parking fees, or alternatively through a development agreement. Mr. Gordon Shanks, 215 Surf Place, suggested that Main Street needs to be looked at as two different communities dependant upon the time of year, typically from Memorial Day through Labor Day and the remaining months, to which any traffic studies should be reflective of. The Mayor noted that during the interview process the consultants were aware of the seasonal traffic differences. Brown moved, second by Hastings, to concur with the recommendation of the interview panel to select Zucker Systems of San Diego for the preparation of the Main Street Specific Plan, authorized the City Manager to enter into the appropriate agreements, and allocated $1,750.00 from the In-Lieu Parking Fund, account 048-451, for additional project costs. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "L" - ORDINANCE NUMBER 1381 - CAMPAIGN FINANCING Mr. Antos, 328 - 17th Street, suggested a provision be added to the proposed ordinance to prohibit the transfer of funds, citing an example of such transfer from supervisorial campaign funds to a federal campaign some years past, also made reference to a more recently adopted County ordinance that prohibits transfers and regulates political action committees. The city Attorney noted the action of the Council in having adopted a $250 contribution limit which likewise applies to transfers, and made reference to a 9th circuit decision finding that to limit transfers was unconstitutional, felt to be an improper restriction on expenditures. From discussions with Shirley Grindle and Robert Stern he reported their position that with the $250 limit on contributions and should someone challenge a transfer prohibition, the City could argue before a court that it is a contribution limit rather than expenditure limit, to which he said although their opinions may be valid his law firm could not recommend that the City run such risk, become the test case, and bear the related expenses. Ms. Reva Olson, Seal Beach, claimed to have been involved with campaign reform groups for a numbdr of years, stated that the city Attorney firm was misinformed and confused, that Ms. Grindle has reported discussing the prohibition of transfers with the City'S law firm however was unable to convince them that such ban is constitutional yet 'the offices of the orange county Counsel and District Attorney and Mr. Stearn concur that the ban on transfers is essential to the integrity of an ordinance which relies on contribution limits, and is defensible in court.' Ms. Olson questioned the time taken to develop the campaign reform ordinance, supported by a member of the Council in 1992, stated her belief that the Council had unanimously agreed to adopt the transfer ban language submitted by Ms. Grindle, and demanded a copy of a confidential memorandum from the attorney firm to the City Council relating to this issue. Councilman Laszlo pointed out that certain legislative actions require considerable time and often move slowly, noted that some campaign regulations mentioned initially were found to not be legal or outside I I 'I I I 12-13-93 federal guidelines or court decisions, and commended Seal Beach resident Mr. Goodwin for his efforts and thorough research of this issue. In response to Councilman Laszlo, the City Attorney confirmed that the required additional campaign disclosure report will apply to city measures. At the request of Councilmember Hastings, the city Attorney again confirmed the belief of Ms. Grindle in her letter of November 19th that a transfer ban is defensible in court, to which he offered that it could be that a court might look differently at the Ninth Circuit opinion that found the transfer ban to be unconstitutional as being a prohibition on expenditures and determine it to be a permissible restriction on contributions. He clarified that it has been declared unconstitutional to place a limit on campaign expenditures, yet contributions can be limited with reasonable restrictions, therefore the risk would be whether or not a court would view a transfer ban as merely a limit on contributions. Ms. Olson indicated disbelief that anyone would bring a legal action against the City, more likely the County, to which the city Attorney responded that should the County prevail in such case the city could in turn adopt a similar ban on transfers without taking the risk of a legal action and incurring related legal costs. Ms. Olson claimed that there was similar risk with imposing Council term limits years ago, which was illegal, yet without challenge. The City Attorney explained that the trial and appellate courts have both determined that charter cities may impose their own regulations with regard to term limitations. With regard to the legality of confidential communications from the City's attorney to the City Council, the city Attorney responded that court decisions have deemed that a city Council is entitled to the same confidential attorney/client privilege as is a member of the pUblic and their attorney, and to a question as to whether the Public Records Act abrogated that privilege, a Supreme Court case last year determined that a city Council has the same rights as does an individual citizen. Ms. Olson again requested a copy of the previously mentioned City Attorney memorandum under the Freedom of Information Act. Mr. Mario Voce, Catalina Avenue, expressed his preference that all legislation be as tight as possible, voiced concern with transfers and campaign monies coming from outside the city, and inquired if multi-campaign accounts are allowed or if the voluntary expenditure cap is meant to apply overall. The city Attorney noted that any candidate or group would be entitled to establish committees or political action groups, however explained again that the law is clear that a candidate may spend any amount they choose to in their campaign yet the recently adopted ordinance establishes a $250 maximum contribution limit for individuals and committees as well as a voluntary expenditure cap for the primary and general (run-off) elections. The Attorney mentioned further that there is general agreement by the experts that there can not be a limit of campaign expenditures unless there are matching City funds, that too is questionable. Councilmember Hastings mentioned that during a conversation with Ms. Grindle her concern had been with the transfer of funds, citing as an example a County official becoming a Council candidate in the local jurisdiction and using accumulated campaign monies for an unfair advantage, also with a husband and wife being allowed to contribute $250 each. The city Attorney offered that Ms. Grindle's preference was that spouses be limited to $250 or $125 each, however the opinion of their firm is that that could be questionable, taking into consideration the County limit of $1,000. He noted that Ms. Grindle cited three examples of concern relating to transfers, a losing State candidate that then decides to seek the local office, the same scenario as a result of the term limits, State and County officials seeking local office using sizeable accumulations of campaign funds. The City Attorney summarized the local regulations as $250 maximum contribution from one 12-13-93 candidate to another or from any individual or any cOlllDlit~e7,.a voluntary expenditure cap, a six month and one month proh1b1t1on of solicitation or receipt of campaign funds. Mayor Forsythe suggested that any further information or actions of other cities can be given consideration prior to the second reading of the ordinance. Brown moved second by Doane, to approve the introduction and first readi~g of Ordinance Number 1381 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER IB OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO CAMPAIGN FINANCING." By unanimous consent, full reading of Ordinance Number 1381 was waived. I AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried councilman Laszlo again expressed appreciation to Mr. James Goodwin for his efforts towards the campaign regulations. Mr. Goodwin said he was reasonably in favor of the proposed ordinance although he would prefer to have tighter transfer provisions and a lesser amount for spousal contributions. He offered that with the cooperation of the citizens, the voluntary limit, etc., this is a step towards a good campaign regulation ordinance. PUBLIC HEARING - APPEAL - CONDITIONAL USE PERMIT 92-7 - UNOCAL - 99 MARINA DRIVE Staff advised that the appellants and the applicants have agreed to continue this matter until January 10th, 1994. Mayor Forsythe declared the public hearing open to consider the appeal of Planning Commission approval of Negative Declaration 93-2 and Conditional Use permit 92-7 subject to conditions, a request to institute operations at the existing, although currently non- operational Seal Beach on-shore production facility at 99 Marina Drive (UNOCAL), and continued same until January 10th, 1994 at 7:00 p.m. with unanimous consent of the Council. I CITY MANAGER REPORTS The City Manager noted the Council having traditionally canceled the December meeting scheduled near the Christmas holiday, and should that be the desire of the Council the meeting will be canceled due to lack of quorum by staff. He noted the past weekend storm arrived with much less intensity than anticipated even with a high tide, and reported that sandbags, as well as sand, are available from the Public Works Department. The Manager announced that the City and the refuse contractor will once again be Offering a Christmas tree recycling program where trees can be deposited near the City Yard, however flocked trees can not be recycled therefor should be left at curbside for refuse pickup. COUNCIL CONCERNS Councilmember Hastings read excerpts from a news article reporting the determination of the Coastal Commission to require the city of Long Beach to maintain open beaches twenty-four I hours per day rather than the current closure between 10:00 p.m. and 5:00 a.m., the closure having been imposed for the purpose of public safety, and there are plans pending to form a coalition of coastal cities to address this issue before the Coastal cOlllDlission. Councilmember Hastings cited specific concern and potential for problems relating to safety of beach fronting residences, and again spoke for initiating a police substation in the vicinity of the pier. Councilman Laszlo extended congratulations to the Los Alamitos High School football team on having won a third CIF Championship. He mentioned his request at last meeting to consider joining an I I I 12-13-93 / 12-27-93 airport authority to participate in determining the future of the El Toro site, however reported that a decision as to which group to join has yet to be determined. Councilman Laszlo invited citizens to view the refuse containers proposed for use upon implementing the recycling program in February, and offered his preference that residents be allowed a choice of either the one hundred or sixty gallon container. with regard to repair of the fire damaged municipal pier, the city Manager reported it has been determined that two bumper piles are in need of repair as well, that the apparent low bid for pier repair is not necessarily the low bid for the pilings which necessitates further discussion with the insurance company, therefore this item is anticipated to be presented to Council at the first meeting in January. Councilman Brown conveyed best wishes to all citizens for a safe and happy holiday. Councilman Doane added his congratulations to the Los Alamitos High School for their CIF championship. Mayor Forsythe announced that the refuse containers can be viewed at her residence as well, noting that there is little difference in their size. Councilmember Hastings conveyed wishes for a Happy Hanukkah and Merry Christmas' . ORAL COMMUNICATIONS There were no further Oral Communications. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of adjourn the meeting with consent of the Council, to clerk of the Approved: Attest: NOTICE OF CANCELED MEETING NOTICE IS HEREBY GIVEN that the December 27th, 1993 regu~a~ meeting of the Seal Beach City council is hereby ca~~~~e 19~: lack of quorum and adjourned unt~l Monday, January , 6:00 p.m. to meet in Closed SeSS1on. ~~."Jrt/f D~;7.r. 1993. one M.~~O,~~t~ ty of Seal Beach to at -