Loading...
HomeMy WebLinkAboutCC Min 1994-03-14 .1 I ,I , ," ~;... 3-]:4'-94 Seal Beach, California March 14, 1994 The regular adjourned session scheduled for 6:00 p.m. was postponed until 6:30 p.m. The city Council of the City of Seal Beach met in regular adjourned session at 6:30 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 Mrs. Yeo, City Clerk CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss labor negotiations and pursuant to Government Code Section 54956.9, pending litigation in the matter of Stark versus city of Seal Beach. By unanimous consent, the council adjourned to Closed Session at 6:32 p.m. The Council reconvened at 7:04 p.m. with Mayor Forsythe calling the meeting to order. The city Attorney reported the City Council discussed the matters previously announced and gave direction to its labor negotiator. ADJOURNMENT Hastings moved, second by Brown, to adjourn the meeting at 7:06 p.m. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried fl. , ' /" \. I Clerk and ex-of of Seal Beach of the Approved: Attest: Seal Beach, California March 14, 1994 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. 3-14-94 ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastinqs, Laszlo Absent: None Also present: Mr. Bankston, City Manaqer Mr. Barrow, City Attorney Mr. Whittenberq, Director of Development Services Mrs. Yeo, City Clerk I WAIVER OF FULL READING Hastinqs 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. Wendy Rothman, Ocean Avenue, said in speakinq with her neiqhbors recently she found considerable support for the police substation suqqested by Councilmember Hastinqs, some persons even expressinq their willinqness to make a monetary donation. She inquired as to the status of the substation proposal. The City Manaqer advised that staff has identified three architects I that have a business license to operate in Seal Beach, the Request .For Proposal has been prepared, however it is necessary to verify that three is a requisite number to send RFP's. He noted that the 1993/94 budqet did provide $9000 for preliminary study, analysis of cost, and options for consideration of Council, the RFP's may be forwarded by Friday, there will be a thirty day circulation period, up to fifteen day period for review, with a final report anticipated to be presented to Council by the first meetinq in May. The Manaqer confirmed that the RFP calls for the options of leavinq the Lifequard Station as is and buildinq out from that point or to incorporate the substation within that Station. Councilman Brown suqqested there be discussion of the substation concept prior to any final action as there have been people who have indicated their preference that funds be spent for officers rather than a substation. The City Manaqer noted also that the substation proposal will require Coastal Commission review, and that discussions continue with the oranqe County Cities Risk Manaqement Association and the insurance carriers reqardinq the ability to use volunteer labor, State Fish and Game, etc. also beinq made aware of the proposal. Mr. Charles Antos, 328 - 17th Street, inquired as to the status of a State leqislative proposal to eliminate city conditional use permits for liquor establishments. He claimed that such action would be in direct opposition to existinq zoninq, and said the citizens should be I made aware of this proposal in order to submit their views to the leqislators. The Director of Development Services reported that there has been no sponsor for that proposed leqislation as yet, the bill has not been introduced, and there is a Leaque conference later this week to be attended by the City Attorney's firm from which additional information may be forthcominq. Mr. Antos suqqested that the City Manaqer communicate the city's position on this proposed leqislation to be presented at the conference and distributed to other cities havinq similar concerns. Mr. Galen Ambrose, Seal Beach, recalled a request sometime back to have the traffic siqnals synchronized on Seal I I I 3-14-94 Beach Boulevard from Westminster to the freeway, and asked that that be done. He expressed concern with the interests of two candidates for City Council being something other than for the residents. Mr. Ambrose noted that when comments are sought from other agencies, such as the Fish and Game, those agencies are first looking for the position of the city, also inquired as to when the Hellman property can be rezoned to oil extraction and agriculture, and questioned the need for an environmental impact report to do so. The City Attorney reported that the Mola appeal is still pending, that an EIR would be necessary for a specific plan for the Hellman land, an environmental review required for any zone change, pointed out that a full range of public hearings would be necessary before anything could be built on that property, and at this point a specific plan would be more significant than a zone change. Dr. David Rosenman, Seal Beach, requested an explanation of conflict of interest as it relates to a property owner's ability to vote on certain issues. The city Attorney responded that there could be different impacts within an area, however the general presumption of a conflict would be within three hundred fifty feet, that each property and/or project would need to be looked at to determine if there is any material financial impact on an elected or appointed official, and noted a mid-distance is in the range of two thousand feet. Sol John, 330 - 12th Street, said there should be a police officer at the pier from 6:00 a.m. until late evening. He announced his return to the City and his need for pOlice assistance to retrieve his stolen car. Mr. Richard Davies, Leisure World, offered public congratulations to Ms. Dorothy Whyte on having been selected Woman of the Year. COUNCIL ITEMS Councilmember Forsythe reported receipt of a letter from the City of Cypress requesting the creation of a committee consisting of two representatives of the cities of Cypress, Los Alamitos and Seal Beach to discuss the possibility of sharing additional services in view of the severe budget constraints that have been realized. It was the consensus of the Council that Mayor Forsythe and Councilman Brown represent the Fity of Seal Beach. CONSENT CALENDAR - ITEMS "B" thru "F" To Item "D", proposed Resolution Number 4287, Mayor Forsythe noted as a point of information that a business has come into the community and installed publication racks that display pornographic materials, unshrouded, that are readily accessible to minors. She requested residents to notify the City immediately upon observing such racks. The City Manager reported the subject racks were placed in violation of the City's business license and encroachment permit requirements, a meeting was held with the owner/operator of the machines, the regulations were provided to him in order to comply with city Codes, it was also found that he had not satisfied State requirements as well, and the individual has not returned. The Mayor pointed out that the City has an adopted policy that materials harmful to minors are required to be shrouded. The Manager reported also that staff has been working on a revision of the existing newsrack ordinance which will be forthcoming to the Council, addressing encroachment into the public right of way, fastening of machines, permitting, coverings, etc. Councilman Laszlo requested that Item "c" be removed from the Consent Calendar and a member of the public requested Item "F" removed. Brown moved, second by Hastings, to approve the recommended action for items on the Consent Calendar, except Items "c" and "F", as presented. 3-14-94 B. D. E. AYES: NOES: Approved regular demands numbered 4676 through 4795 in the amount of $744,526.44 and payroll demands numbered 5620 through 5100 in the amount of $249,536.17 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. I Adopted Resolution Number 4287 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING LEGISLATION RESTRICTING OR PROHIBITING THE SALE OF PORNOGRAPHY TO MINORS THROUGH VENDING MACHINES." By unanimous consent, full reading of Resolution Number 4287 was waived. Adopted Resolution Number 4288 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH HONORING JEANNE FLINT FOR HER DEDICATED COMMUNITY SERVICE." By unanimous consent, full reading of Resolution Number 4288 was waived. Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "c" - STATUS REPORT - LOS ALAMITOS ARMED FORCES RESERVE CENTER - INSTlH.T.ll.TION RESTORATION PROGRAM Councilman Laszlo reported his attendance at a meeting held at I the Los Alamitos Armed Forces Reserve Center relating to a six stage plan for removal of hazardous waste from certain sites at the AFRC, primarily fuel tanks. Councilman Laszlo said the cleanup could indicate a potential base closure or that the Reserve Center will remain. Brown moved, second by Laszlo, to receive and file the status report regarding the AFRC Installation Restoration Program and that staff be instructed to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "F" - PURCHASE OF PARKING CONTROL VEHICLES Mr. Gordon Shanks, 215 Surf Place, inquired as to the reason for upgrading the parking control units, making specific reference to the previous three wheel cushman vehicles and now four wheel. Mayor Forsythe said it was her understanding that the three wheel vehicles posed a hazard/liability for the City, the Chevette vehicles were used, are now either out of service and the maintenance costs will exceed the cost to purchase replacement vehicles which are reconditioned postal vehicles. Brown moved, second by Laszlo, to authorize the purchase of three reconditioned Jeep parking control vehicles from Specialty Vehicles, Inc. at a per unit price of $7,195.00 plus tax. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I COUNCIL CONCERNS Councilmember Hastings recalled prior reference to an artificial reef project in the State of New Jersey and read a portion of an article from the January, 1994 Popular Science Magazine describing this type of 'beach saver system', interlocking wedge shaped concrete modules installed parallel to the shore and I I I 3-14-94 thirteen feet below the average low tide line, the reefs also said to pose no damage to sites downshore in the direction of prevailing currents. She provided the City Manager with a copy of the article, suggesting it be shared with the corps of Engineers and included in the beach replenishment information packet as well. Councilman Laszlo inquired about certain aspects of the upcoming jail lease proposal. The city Manager explained that the contract was drafted by the City's liability attorney, has been forwarded to OCCRMA, and input was also received from a correctional facility specialist in Florida, the private contractor will be required to maintain a high level of liability coverage and hold the City harmless against any legal actions. He noted that the jail will be referred to as a detention facility for pre-booking and pre-jail individuals, and once sentenced to a jail facility the persons would not be housed at the Seal Beach location, the start-up costs will be the responsibility of the private contractor, which will be . subject to Council review, thereafter there will be a sharing of profit between the City and the contractor as well as a separate contract for the cost of the city's own detention which will be less than would be paid to the County. The Manager added that a draft contract and the proposal has been circulated to the Council, there will be side contracts with other jurisdictions using the facility, the environmental review is a negative declaration inasmuch as there will be some remodeling however no expansion of the building, food services will be by private contractor therefore no kitchen facilities. He noted also that retention is estimated at four to six hours in most cases, other surrounding jurisdictions are awaiting this facility to avoid the liability associated with booking and release situations or transporting, use of the facility anticipated to be within ninety days of approval of the contract. The Manager pointed out as well that the Grand Jury, in their last report, recommended Seal Beach as one of three facilities that should be activated to relieve the County jail over-crowding, the League Super Crime Committee having made a similar recommendation. It was clarified that those persons housed at the Seal Beach facility will be low risk, pre-trial situations. Mayor Forsythe announced the opening of Kids Baseball the past Saturday and noted the extraordinary effort of so many people in working for the children of the community. Mayor Forsythe recognized and commended the 1992/ 1993 Man and Woman of the Year selections, Mr. Don Smoot and Ms. Dorothy Whyte. Members of the council added their congratulations. Mayor Forsythe read a letter from Seal Beach residents Mr. and Mrs. Lloyd Patterson commending the overall excellent appearance of maintenance and cleanliness in the downtown areas, particularly in the vicinity of the pier, and cited specifically Mr. Mike Vosburgh, Public Works Department, for his friendly attitude and extraordinary efforts on Main Street. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Galen Ambrose, Seal Beach, mentioned the success of Mr. Walton Wright in obtaining grant monies for the restoration of the marsh area in Torrance, and suggested that Seal Beach may want to move forward with the restoration of the local wetlands, wetlands providing a filtration for water, tourism would be increased which in turn would be a revenue generator. He suggested a determination be made if wetlands is what is wanted in the community and then move forward with bond monies or another means to accomplish same, rather than another development proposal. Mr. Gordon Shanks, 215 Surf Place, asked if the League of cities has taken a stand on the proposed earthquake financing legislation, his preference being a special sales tax for a specified period of time. The Mayor and city Manager both indicated belief that the League has not taken a position as 3-14-94 / 3-28-94 yet, one method. declared of the bills however combines a bonding/sales tax' . There being no further comments, Mayor Forsythe Oral Communications closed. CLOSED SESSION No Closed Session was held. ADJOURNMENT I It was the order of the Chair, with consent of the Council, to adjourn the meeting until March 28th at 6:00 p.m. to meet in Closed Session. By unanimous consent, the meeting was adjourned at 7:55 p.m. Approved: ""........,~\, #O~ SEAL 8\\\11 ..:="'"" ........ #.. ~ .# ~ ....~O..Of4;..-..,('. 11.\ 2r.;l~'''' 'o\'S- iE"'o' o.rI. ~ 0 . ~ Z 0 : : ot~ ~~"'~O o';~f "'.~ .....A..~ . 0 . ~i:: ..~^o., q,....O..- (Ih.....~ -.. · 27. , ..0 ~4 -'I ,. c- ........ to'\,:-=" 1'''i.eU NT"f ~r. # '\"\\'1111 "" I Attest: Seal Beach, California March 28, 1994 The regular adjourned city Council meeting scheduled for 6:00 p.m. this date was postponed until 6:30 p.m. at which time Mayor Forsythe called the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Laszlo Absent: Councilmember Hastings Also present: Mr. Bankston, city Manager 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 to discuss labor negotiations. By unanimous consent, the Council I adjourned to Closed Session at 6:31 p.m. The Council reconvened at 6:51 p.m. with Mayor Forsythe calling the meeting to order. The City Attorney reported the Council had discussed the item previously announced and gave direction to its negotiator. ADJOURNMENT Forsythe moved, second by Brown, to adjourn the meeting at 6:52 p.m.