HomeMy WebLinkAboutCC Min 1994-03-28
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:
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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.
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AYES:
NOES:
ABSENT:
Brown, Doane, Forsythe, Laszlo
None '
Hastings
Motion carried
of the
Beach
Approved:
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Attest:
Seal Beach, California
March 28, 1994
The City Council of the city of Seal Beach met in regular
session at 7:00 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
Mrs. Yeo, City Clerk
WAIVER OF FULL READING
Doane 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
Mayor Forsythe recognized and welcomed the members of Cub Scout
Den 1, Pack 116, attending the meeting to satisfy a requirement
to earn their citizenship badge.
ORAL COMMUNICATIONS
Mayor Forsythe declared Oral Communications open. Mr. John
Merzwheiler, Huntington Beach, made reference to the upcoming
County Supervisor election, voiced objection to certain campaign
contributions, the lack of action by candidates Patterson and
Silva to resolve employee pension and gang related problems in
Huntington Beach, and spoke unfavorably of Assembly candidate
Allen. Sol JOhn, 330 - 12th Street, spoke for more police to
control crime. Mr. Victor Grgas, Seal Beach, spoke regarding
the conflict of interest issue that has been brought into the
Council election campaign. He made reference to the strict
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regulations of the Fair political practices Commission relating
to conflict of interest, pointed out that any member of the
Council has the potential of a conflict, whether it be a
positive or negative impact personally, and in this election the
regulations would be even more applicable to the candidate whose
business is real estate as all property interests and sources of
income must be disclosed. Ms. Linda stobbe, Seal Beach, voiced I
strong displeasure with the acts of persons stealing candidate
signs during this election campaign, and asked that the Council
either consider not allowing campaign signs or some other means
to avoid future vandalism. There being no further comments,
Mayor Forsythe declared Oral communications closed.
PRESENTATION
Mayor Forsythe read in full the' Proclamation saluting Leisure
World Post #327 of the American Legion upon having been
designated as a commemorative community for the 50th anniversary
of World War II by the Department of Defense. As a member of
Post #327, Councilman Brown presented the Proclamation to fellow
members Mr. Michael Solan, Post Commander, and Mr. Jack Nevin,
Vice Commander. The gentlemen accepted with appreciation.
CONSENT'CALENDAR - ITEMS "B" thru "N"
Mayor Forsythe inquired if the street resurfacing project had
been reflected in the fiscal year budget. The city Manager
confirmed that the project had been approved in the current
budget utilizing gas tax monies, also noted that staff will be
seeking Council direction for the use of Measure M and gas tax
monies in the upcoming year. Councilmember Hastings requested
an explanation of Item "N" for public information and a member
of the audience requested Item "B" removed. Hastings moved,
second by Brown, to approve the recommended action for items on I
the Consent Calendar, except Items "B" and "N", as presented.
C. Proclaimed Labor Day, September 5, 1994,
as "Try American Day."
D. Proclaimed April 17th through April 23rd,
1994 as "Week of the Young Child."
E. Adopted Resolution Number 4289 entitled "A
RESOLUTION OF THE CITY OF SEAL BEACH,
CALIFORNIA, DESIGNATING THE APPLICANT's
AGENT FOR FEDERAL EMERGENCY MANAGEMENT
ASSISTANCE" which allows the city to
obtain partial funding for minor concrete
damage sustained during the Northridge
earthquake to Marina Drive Bridge. By
unanimous consent, full reading of
Resolution Number 4289 was waived.
F.
Approved the submittal of the annual
application for SB 821 Bicycle and
Pedestrian Facility Program Funds for
fiscal year 1994/95 in the amount of
$8,232.00 and authorized the city Manager
to execute same on behalf of the city.
Authorized the Mayor to sign the letter
directed to the Chairperson of the State
Local Government Committee in opposition
to Senate Bill 1272 (Presley) relating to
the South Coast Air Quality Management
District Governing Board, received and
filed the staff report regarding same,
and directed that the report be forwarded
to the Planning Commission for information
purposes.
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H. Received and filed the status report
relating to the Orange County Mortgage
Credit Certificate Program.
I.
Adopted Resolution Number 4290 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 #636 - RECONSTRUCTION OF OCEAN
AVENUE ALLEY AND MARINA DRIVE STORM DRAIN."
By unanimous consent, full reading of
Resolution Number 4290 was waived.
J. Adopted Resolution Number 4291 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
#638 - RESURFACING OF IRONWOOD, CANDLEBERRY
AND HAZELNUT AVENUES, FUCHSIA STREET AND
DAISY CIRCLE." By unanimous consent, full
reading of Resolution Number 4291 was waived.
K. Received and filed the Monthly Investment
Report as of February 28, 1994.
L.
Received and filed the staff report
relating to Local Authority Challenge to
adopt Fire Standards for Single Family
Dwellings, and authorized the Director of
Development Services to sign the letter
directed to the California State Fire
Marshal on behalf of the city.
Received and filed the status report
regarding the Seal Beach Naval Weapons
Station Installation Restoration Program,
and instructed that the report be forwarded
to the Planning commission, Environmental
Quality Control Board, and the Archaeological
Advisory Committee for information purposes.
M.
AYES:
NOES:
Brown, Doane, Forsythe, Hastings, Laszlo
None Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "N" - COASTAL COMMISSION - BEACH CURFEW GUIDANCE
At the request of Councilmember Hastings, the Director of
Development Services explained that the city has been provided
with a copy of the Coastal commission's "Proposed Guidance on
Actions Limiting Public Access to Beaches and State Water
Through Beach CUrfews" with a request that it be reviewed and
that comments be prepared and returned to the commission.
Hastings moved, second by Brown, to receive and file the staff
report, and instructed the City Manager and City Attorney to
review and prepare formal responses for Council consideration.
AYES:
NOES:
Brown, Doane, Forsythe, Hastings, Laszlo
None Motion carried
ITEM "B" - DEMANDS
Ms. Sue Corbin, Seal Beach, questioned the amount of settlement
for a bicycle claim. The city Manager acknowledged that the
cause of this incident was cited as a pothole, explained that
the claim did include damage to the racing bicycle, loss of
work, and medical costs, and confirmed that street repairs are
made as quickly as possible given the availability of materials
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and crews. Ms. Corbin noted payments for health insurance
coverage of retirees and asked if the coverage could be pooled
for cost savings. The Manager explained that the city is with
the PERS medical insurance program, the retiree pays the
premium, is then reimbursed a percentage of the premium pursuant
to an agreement with the city, and the premiums for active
employees are paid to PERS by a single check.
AGENDA AMENDED
The City Manager requested that the agenda be amended to include
an item that came about too late to be placed on the agenda
relative to an application for placement of sand on the beach.
Hastings moved, second by Brown, to add the item to the agenda
as requested.
AYES:
NOES:
Brown, Doane, Forsythe, Hastings, Laszlo
None Motion carried
CITY MANAGER REPORTS
The City Manager noted that Councilmember Hastings raised an
awareness some months past to a project of the Santa Ana River
Authority, councilmember Laszlo has been attending those
meetings and making contacts in relation to the city's attempt
to obtain information regarding the availability of sand. He
reported that the city, with the assistance of Moffat' NichOl,
is in the process of making contacts with the various federal
and State agencies for the receipt of sand from the Santa Ana
River Project and placement of that sand on this beach. The
Manager reported that the Project contractor has identified a
pocket of about 150,000 cubic yards of sand, the sand has been
analyzed by Moffat , Nichol for its granular size and
coarseness, the report received this date indicates that the
sand is very compatible with the existing sand, in fact somewhat
of a higher grade and falls within the mid-range of beach sand.
The Manager reported that the Director of Development Services
has had extensive discussions with the Coastal commission, Army
Corps of Engineers, State Lands, Air Quality Management
District, and the Water Quality Control Board, and a meeting is
scheduled tomorrow with the contractor. The Manager requested
authorization for staff to use its discretion to submit an
application to the Coastal commission inasmuch as the deadline
for their April 14th meeting is 5:00 p.m. tomorrow. For the
purpose of information he noted that at this time the project is
being approached as categorically exempt, however staff is going
forward with further environmental assessment, there have been
discussions with the Army corp regarding their permitting
requirements, all agencies have been cooperative, and noted that
the Moffat' Nichol report had recommended a 200,000 cubic yard
replenishment, this opportunity being 150,000 cubic yards. He
noted also that tests are continuing with regard to silt, toxins
and any degradation of the quality of the sand. The Manager
pointed out that some cost will be involved to spread the sand,
yet the savings realized could be as much as $3 million. Brown
moved, second by Hastings, to authorize staff to file
applications with the various agencies as necessary.
AYES:
NOES:
Brown, Doane, Forsythe, Hastings, Laszlo
None Motion carried
COUNCIL CONCERNS
Councilman Brown announced that Seal Beach has been listed in
the Guinnes Book of Records in that the 405 Freeway between Seal
Beach Boulevard and the 22/405 Freeway split carries the
greatest number of cars the Book could find. Councilman Laszlo
reported a recent conversation with a CalTrans engineer whose
primary responsibility is Pacific Coast Highway during which the
engineer indicated displeasure with the traffic mitigation
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proposed for the Bolsa Chica Project in that it places the
traffic on Pacific Coast Highway. To an inquiry of
Councilmember Hastings, the City Clerk reported that the County
Registrar of Voters has been notified of voters registered from
mail boxes at a 1198 Pacific Coast Highway address, the County
has forwarded notice to those persons that their registration is
not valid, has been canceled and of their need to reregister,
likewise persons registered at Main street business addresses
where no residential unit exists and from Main street mail boxes
have also been notified of their invalid voter registration and
need to reregister from their residence address, the county
advised of those as well. She noted also that the precinct
boards have been alerted to the invalid voter registrations and
they will allow those persons to vote only upon taking an oath
of continuous residency within the precinct.
ORAL COMMUNICATIONS
Mayor Forsythe declared Oral Communications open. Mr. Charles
Antos, 328 - 17th Street, asked for a status report from the
recent League of Cities meeting as it relates to pending
legislation that would remove the City's ability to require
conditional use permits for alcohol licenses and liquor stores.
The City Attorney reported that a member of his firm had
attended the League meeting, a report from that meeting will be
prepared for information of the Planning Commission, and advised
that no such legislation has been adopted at this time. Mr.
Antos made reference to the proposed Coastal Commission Guidance
regarding beach curfews, recalled that the action of beach
cities to impose curfews was in response to late night gang
activities, and since the commission is opposed to the curfews
they should be billed for all related public safety costs. He
indicated support for the City having the opportunity to obtain
beach sand. Mayor Forsythe reported the matter of state
reimbursement for costs in lieu of curfews was brought to the
attention of the Coastal Commission at a recent meeting with
Senator Bergeson, the Guidelines revised considerably
thereafter. Ms. Sue Corbin, Seal Beach, mentioned a check in
payment of a psychological evaluation, and suggested the name of
the individual should not be identified. The city Manager
stated the evaluation is part of the pre-employment process.
Ms. Corbin suggested also that one member of the Council be
selected to have any discussions with the Hellman Family
regarding their property, or designate the City Manager as the
sole negotiator, thus avoiding any possibility of further legal
challenges. The city Manager responded that he has been in
attendance at meetings between the city and representatives of
the Hellman properties, also advised that Hellman is not a party
to the on-going Mola legal action. 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 Tuesday, April 5th, 1994 at 7:00 p.m.
The meeting was adjourned at 7:48 p.m. by unanimous consent of
the Council.
Clerk and ex-off1c 0 clerk of the
of Seal Beach
3-28-94 I 4-5-94
Attest:
Approved:
Seal Beach, California
April 5, 1994
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The City Council of the City of Seal Beach met in regular
adjourned session at 7:00 p.m. with Mayor Forsythe calling the
meeting to order with the Salute to the Flag.
ROLL CALL
Present:
Mayor Forsythe
Councilmembers Brown, Hastings, Laszlo
Absent:
Councilmember Doane
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Also present: Mrs. Yeo, city Clerk
Hastings moved, second by Brown, to excuse the absence of
Councilman Doane from this meeting.
AYES:
NOES:
ABSENT:
Brown, Forsythe, Hastings, Laszlo
None
Doane Motion carried
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WAIVER OF FULL READING
Hastings moved, second by Brown, 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:
ABSENT:
Brown, Forsythe, Hastings, Laszlo
None
Doane Motion carried
....
ORAL COMMUNICATIONS
Mayor Forsythe declared Oral Communications open. Mr. Charles
Antos, 328 - 17th Street, mentioned a news article of this date
relating to an investigation subsequent to a city of Westminster
Council election of persons found to be improperly registered to
vote, many from their business addresses. He spoke of various
voter situations discovered during this,~ity's March 29th
election, persons registered from mail boxes, most of whom were
discovered to not be residents of Seal Beach, a business person
registered from two and possibly three different addresses, etc.
Mr. Antos touched on the requirement that voters be registered
from their residence address, not from a business, yet noted a
voter's mail may be delivered elsewhere, also the oath that the
voter information provided is true and correct under the penalty
of perjury, etc. There being no further comments, Mayor
Forsythe declared Oral Co~unications closed.
CONSENT CALENDAR - ITEMS "A" thru "E"
Hastings moved, second by Laszlo, to approve the recommended
action for the items on the Consent Calendar as presented.
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