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HomeMy WebLinkAboutCC Min 1994-08-22 I I I ;.'. 8-8-94 / 8-22-94 ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, August 22nd at 6:30 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent at 8:45 p.m. . n \ ' \ , ---- Clerk and ex-o of Seal Beach of the Approved: ~-'~ Mayor Attest: Seal Beach, California August 22, 1994 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Brown calling the meeting to order. ROLL CALL Present: Mayor Brown Councilmembers Doane, Forsythe, Hastings, Laszlo Absent: None .. Also present: Mr. Barrow, City Attorney), Mrs. Yeo, City Clerk APPROVAL OF AGENDA Hastings moved, second by Forsythe, to approve the agenda as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CLOSED SESSION By unanimous consent, the Council adjourned to Closed Session at 6:31 p.m. to discuss the items listed on the agenda pursuant to Government Code Sections 64957 and 64957.6, the performance evaluation of the unrepresented employee, the City Manager, and conference with the City Attorney, the City'S labor negotiator. The Council reconvened at 6:56 p.m. with Mayor Brown calling the meeting to order. The City Attorney reported the Council had discussed the items listed on the agenda, ,gave direction to the City's negotiator, and no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:57 p.m. 8-22-94 Clerk and ex-offic'o of Seal 'Beach of the ( ',,- C ~,t)! QjA:y Approvod', ,&'7~~ a or /'-1 ~ /,/! /) \ / i / /i) ity Cler I Attest: Seal Beach, California August 22, 1994 The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brown Councilmembers Doane, Forsythe, Hastings, Laszlo Absent: None I Also present: Mr. Bankston, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services I Mr. Seymour, Community Services Director Ms. McGlynn, Recreation supervlsor Mrs. Y80, City Clerk APPROVAL OF AGENDA For information of the public, Mayor Brown re~d the description of items on the Conse:1t Calendar. ' Councilmember Hastings requested that Items "J" and "L" be removed f'rom the Consent Calendar for separate consideration. Forsyt~e moved, second by Hastings, to approve the agenda as revised. I AYES: Brown, Doane, Forsythe, Hastings, Laszlo NOES: None Motion carried ORAL COMMUNICATIONS Mayor Brown declared Oral Communications ope~. Mr. Gordon LaBedz, Surfrider Foundation, announced the designation of September 17th as "Coast Week" and noted the Idesire of the Foundation to co-sponsor the beach cleanup commencing that date at 8:00 a.m. He mentioned also that the Fouridation had placed a sign at the San Gabriel River advising perso~s to 'surf with caution, the River an outlet for thousands o~ street storm drains, the water frequently polluted, keep face out of the water.' Mr. LaBedz reported that the sign has been removed and urged that either the City replace the sign with one similar or allow the Foundation ',~o do so, a possible deterrent to a liability. Ms. Judy Naimi-Yazdi, Seal Beach) said durihgher daily collection of refuse from the beach onlJune 13th she collected three hundred fifty items between the pier and the San Gabriel jetty that have now been determined to be cleaning I I I I 8-22-94 condenser tubes for an electriqal power plant, the tubes reportedly observed between the pier and Anaheim Bay, inside the Bay and at Surfs ide as well. She mentioned that the Edison Company has been contacted, have been cooperative in the effort to track the source of the tubes, and requested the assistance of the city to resolve and mitigate this problem. She also advised of finding ap?roximately twenty hypodermic needles this year thus far. To a question of Council, Mr. LaBedz reported that through the County it has been found that some type of sewage is entering the River water, tests are being conducted up-stream to determine the source, Coyote Creek appears to be the most polluted input to the River, and the Water Board has also been made aware of this problem. Mr. Al Freese, Marine Avenue, expressed concern that there are no water fountains available at the beach near the Tot Lot, Eisenhower Park or at Main and Electric. Mr. Freese was advised that in the past drinking fountains have been subject to vandalism and maintenance problems however one is to be installed at Eisenhower Park approximately the second week of September, another planned at the beach level, and fountains on the greenbelt could be given consideration. It was noted that there are drinking fountains at the tennis courts and Marina Park. Staff was requested to look further at the installation of water fountains. Mr. Gene Vesley, Trailer Park-resident, expressed his feeling that the qurrent forty-five mile per hour speed limit on First Street between Marina Drive and Pacific Coast Highway is excessive, and given the number of children that play in the area and the amount of pedestrian traffic, the speed limit should likely be no more than thirty miles an hour. He requested that this matter be looked into,. There being no further comments, Mayor Brown declared Oral Communications closed. PRESENTATION - CAMP MARINA RECOGNITION Mr. Brian Takushi, Recreation staff, provided a slide presentation of the various activities and participants in the 1994 summer Camp Marina. Ms. Kathleen McGlynn, Recreation Supervisor, reported over two hundred families participated in the 1994 Camp Marina with the children's activities encompassing fifty-five days, eleven hours per day, out-of-camp special activities included two trips to wild Rivers, two barbecues, days at the beach, Universal Studios, Knotts Berry Farm, a Terrace Theater childrens play, a fishing,trip and subsequent family fish fry, visit to Beverly Hills ~0210, IMAX Theater, museum trips, Sea World, harbor cruise, participation in the upcoming Fishing Derby and an over-nighter will be held at El Dorado Park the following Friday. She stated that computers and science were also offered to day camp participants this year. Ms. McGlynn introduced and praised the efforts of the 1994 Camp Marina staff. She also mentioned that seventy-two percent of the day camp particip~nts were Seal Beach residents, the average per day participation was eighty-seven children, four hundred thirty-five per week, five thousand five hundred children in the 1994 summer Camp Marina program. Ms. McGlynn announced that the new Recreation Brochure has been distributed, listing the programs offered for the fall season. CONSENT CALENDAR - ITEMS "B" thru "R" B. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to b" given by all councilmembers unless specific request is made 'at that time for tha reading of such ordinance or resolution. 8-22-94 F. G. H. 1. KI M. N. C. Approved regular demands numbered 6291 through 6460 in the amount of $528,8~4.15 I and payroll demands numbered 7896 through 8107 in the amount of $269,386.78, and authorized warrants to be drawn on the Treasury for same. D. Approved the minutes of the July 25, 1994 regular adjourned meeting, the August 1, 1994 regular adjourned meeting, and ~he August 8, 1994 regular meeting. I E. Authorized the Mayor to sign the letter in support of AB 764, Housing Element Reform, and received and filed the staff re~ort. Received and filed the staff report lin support of AB 3148, the Safe Streets Act of 1994, and instructed staff to fo~ward' same to the "Christopher Committee" for information purposes. Authorized the Mayor to sign the comment letter relating to the Draft Federa~ Implementation Plan" received and filed the staff u~date report, and direct~d that this item be forwarded to the Plannfng Commission ~nd the Environmental Quality Control Board for information purposes. I Adopted Ordinance Number 1386 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEA~H AUTHORIZING A CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SEAL BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' I RETIREMENT ASSOCIATION." By unanimous consent, full reading of Ordinance Number 1386 was waived. I Authorized the Mayor to sign the response letter regarding the South Coast Air Quality Management District "Notice of Intent to Issue Permits to Operate, Platforms Ellen) Elly and Eureka (SWE?I), and Platform Edith (UNOCAL), Huntington Beach, and directed thatlsame be forwarded to the Planning commission and the Environmental Quality Control Board for information purposes. I Received and filed the report relat~ng to the Department of Interior Seismic Imaging Survey, and directed that same be forwarded I to the Archaeological Advisory Committee, the Environmental Quality Control Board and the Planning commission for information purposes. I Adopted Ordinance Number 1387 entitled "AN , , ORDINANCE O~ THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADDING CHAPTER 11E AND AMENDING VARIOUS SECTIONS OF THE SEAL BEACH MUNICIPAL CODE RELATIHG TO ADULT-ORIENTED BUSINESSES." By unanimous consent, full reading 6f Ordinance Number 1387 was waived. I Adopted Resolution Number 4329 entitled "A , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF I I I 8-22-94 SEAL BEACH DECLARING WORK TO BE'COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #633 - REPAIR OF FIRE DAMAGE AT THE SEAL BEACH PIER." By unanimous consent, full reading of Resolution Number 4329 was waived. ' O. Concurred with the 'determination of the Planning Commission regarding the classification for a Drive-Thru Expresso Bar, and instructed staff to schedule public hearings to consider a Zone Text Amendment r8gard the subject land use. P. Adopted Resolution Number 4330 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH POLICE OFFICERS' ASSOCIATION AND REPEALING ON THE EFFECTIVE DATE SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 4330 was waived. Q. Adopted Resolution Number 4331 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING A COMPENSATION PLAN, INCLUDING SALARY AND BENEFITS, FOR MANAGEMENT, CONFIDENTIAL AND NON-REPRESENTED EMPLOYEES AS WELL AS PART-TIME EMPLOYEES AND REPEALING ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 4331 was waived. R. Adopted Resolution Number 4332 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE ORANGE COUNTY. EMPLOYEES' ASSOCIATION AND REPEALING ON THE EFFECTIVE DATE SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 4332 was waived. , ITEMS REMOVED FROM THE CONSENT CALENDAR :: ITEM "J" - OUEENSWAY BAY MASTER PLAN - CITY OF LONG BEACH councilmember Hastings complimented the response letter prepared by the Director of Development Services to the Draft Environmental Impact Report for the Queensway Bay Master Plan in the City of Long Beach, and requested that the same type of indepth review and response be prepared for the upcoming Bolsa Chica Environmental I~pact Report. To the question of availability of the B(Ilsa Chica EIR, the Director reported that document is to be rel~ased the following day, will likely be five to six hundred pages, and the executive summary of the document will be provided to the Council, Planning Commission, and Environmental Quality control Board. ITEM "L" - ORDINANCE .IJUMBER 1388 - CHARITABLE SOLICITORS Councilmember Hastings noted that this proposed ordinance will allow solicitation until 10:00 p.m., which, she viewed as being inconsiderate of the residents, and suggested an amendment to lower the hours to something no later than 8:00 p.m. The City Attorney responded that the existing ordinance provides for 8:00 p.m. or dusk however a Supreme Court decision has determined 10:00 p.m. as the maximum restriction of hours. He noted that the City Manager received a call from a group that cited the City's current restriction as unconstitutional and the same group has successfully challenged other cities through the 8-22-94 courts. Members of the Council cited the increased hours as an invasion of privacy. In response to Council, the city Manager stated the firm that contacted the City is und~r contractual agreement to do solicitation for the Sierra clhb as well as other non-profit organizations. The City Attorney offered that the individual resident can post a small sign prohibiting solicitors from their private property. The Mayor noted that to I challenge such decision would mean revisiting ~he Supreme Court, - an expensive endeavor, and mentioned it may be advisable for Leisure World to verify that their no solicit~tion regulations are not in conflict with the Court decision. Isuggestions were made that solicitation be banned throughout t~e City or that the fees be increased significantly, to which responses were that there are numerous CO.Lrt cases on the solicita'tion issue, public I streets and right-of-ways can not be so regulated, and the courts would likely view an increased fee as a'n undue restriction. Staff advised that a $10 busine~s license is required as well as a list of the solicitors. I Hastings moved, second by Forsythe, to approve the recommended action for items on tile Consent Calendar, that Item "J", the response letter be approved regarding the Not~ce of Preparation, Queensway Bay Master Plan, City of Long Beach,! that the report be received and filed and forwarded to the Planning commission and Environmental Quality Control Board for information purposes, and that Item "L", the introduction land first reading of Ordinance Number 1388 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 11 OF THE CODE OF THE CITY OF SEAL BEACH REGARDING PERMITS FOR CHARITABLE SOLICITORS IN THE CITY" be approved and that Ordinance Number 1388 be passed to second reading. I AYES: Brown, Doane, Forsythe, Hastings, Laszlo I NOES: None I Motion carried PUBLIC HEARING - UNOCAL PIPELINE FRANCHISE - EXTENSION Mayor Brown declared the public hearing open to consider the extension of the UNOCAL pipeline franchise. The City Clerk certified that the notice of public hearing had been advertised as required by law, and reported that no communications have been received. The Director of Development s~rvices presented. the staff report, noted that the proposed ext~nsion is for a period of twenty-five years from the effectiv~ date of the ordinance and will be subject to all terms and conditions of the Municipal Code and the franchise. He confirmed that this franchise is not for the UNOCAL site at the cbrner of First Street and Marina Drive. Councilmember Forsy~he asked that section 2 of the proposed ordinance relating ~o the 'best interest of the City' be deleted. The City Attorney explained that UNOCAL would be required to have the con~ent of the city in order to assign the f~anchise, the City also has the power to impose additional conjitions at the time of a~signment. There being no comments frO:'ll the audience, Mayor Brbwn declared the public hearing closed. I ORDINANCE NUMBER 1389 - UNOCAL PIPELINE FRANCHISE - EXTENSION Ordinance Number 1389 was presented to the CO,uncil entitled "AN I ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORN:IA, EXTENDING A FRANCHISE FOR OIL PIPELINE PURPOSES HELD BY THE UNION OIL COMPANY OF CALIFORNIA PURSUANT TO ARTICLE XI bF THE OFFICIAL I CHARTER OF THE CITY OF SEAL BEACH AND CHAPTER 16-B OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous corisent, full reading of Ordinance Number 1389 was waived. ForsytHe moved, second by Hastings, to delete Section 2 from Ordinance ~umber 1389, approve the introduction and first reading, a'nd pass Ordinance Number 1389 to second reading. I I I " .'" 8-22-94 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried COUNCIL ITEMS There were no Council items. AD HOC BASE CLOSURE COMMITTEE The city Manager recalled the action at the last meeting authorizing the formation of a City Council Ad Hoc Base Closure Committee and designation of Councilmembers Forsythe and Laszlo as members, since that time it has been learned that the Department of Defense base closure list will be issued by early 1995, therefore it may be appropriate to agendize an item for the next meeting to expand the committee to include citizen members appointed by the Council. He again reported that the Long Beach Naval Shipyard is in danger of closing, that there is a desire to support Long Beach in their opposition to such closure, it is anticipated that the Seal Beach Naval Weapons Station will again be on the closure list, thus it is felt important that the citizens be informed at the earliest possible time and any issues r~ised relative to a base closure and impact on a city must come from the city and its.citizens and not from the base or its staff as they are barred from making comment. Councilman Laszlo reported he and the City Manager met with a representative of the Long Beach Shipyard Committee last week, and explained that if the Weapons station were to close the shipyard will close, yet if the shipyard closes that does not necessarily mean the Weapons station will close, the local committee will basically work with the City of Long Beach to ensure that there is no interference with the Naval Weapons station and/or the Armed Forces Reserve Center. Recalling the prior base closure considerations, Councilman Doane asked if the new list will be for ~losure or realignment. The Manager responded that it will be both, realignment can also be an expansion, the Closure Committee will hold public hearings commencing in March, a resulting list will be forwarded to the President in June, the list is either accepted without change or forwarded to the Congress. Councilmember Forsythe suggested this may be a decision based upon economics, Seal Beach competing with the City of Concord as to which facility will remain open, Concord having the ability to handle larger ships yet it would be more bostly to travel from San Diego to Concord, and said she had questioned if this could be a means of forcing Seal Beach to be more cooperative as to the Naval Weapons station expansion. Councilman Laszlo reported having heard that the military tends to dispose of properties that will return a profit rather than those located in colde~ climates, the Seal Beach Weapons Station a prime property that needs to be protected. The Manag~r confirmed that it may be desirable to include a representative of Los Alamitos and Cypress on the Committee at some point. Doane moved, second by Forsythe, to agendize expansion of the Base Closure Committee for the next meeting. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried Mayor Brown asked that the agenda category for Council Comments occur after the second Oral Communication9' COUNCIL COMMENTS Councilmember Forsythe reported having met with School Board member, Mr. Duggan, to express continued concern with regard to traffic around McGaugh School. The city Manager stated that the traffic engineer has done a preliminary survey of the McGaugh area, looked at the various zones as they currently exist, the width of the streets, number of lanes, travel lanes, and the 8-22-94 adjacent activities, also analyzing the speed survey done in 1991 to determine if it is adequate without conducting a new survey. Recommendations will be forthcoming tb the Council with regard to Bolsa and Seal Beach Boulevard, the bxisting speed limits, whether there is justification to lower the speeds, installation of botch dots, a blinking yellow caution light, the issue of the right turn onto Bolsa from Seal Bbach Boulevard, I etc. A meeting also pending with the school administration - regarding the parking problems at McGaugh, hopbfully before the start of school. With regard to refuse bins fbr greenwaste disposal, the Manager reported bins should be 'available within the Public Works Yard on Saturday, September 1'oth from noon until 5:00 p.m., tentatively Monday through sa!turday, September 12th through the 17th from noon until 4: 00 p. m'., possibly Sunday, September 18tfJ, and the Labor Day holi'day, and advised that a news release will be issued as to the s'pecific days and hours for disposal. To Councilmember Hastingi inquiry as to the status of a sand replenishment project, the Ma!nager reported samples are being taken of the Whittier Narro~s project as excavation occurs, thus far there is no sand of any quantity, rather dirt and top soil, stated he had met wfth the Sanitation District last Friday regarding any upcoming p~ojects, as a result of that meeting there was an opportuni~y to speak with a tidal hydrology engineer from Russia whose information was informative and has been passed on to Moffat dnd Nichol. As yet there is no sand, the Army corp has been notiiied of the City's continued interest in the current project as well as a subsequent project further upstream, which coJld likely produce a courser sand, there is also continued monitdring of three other potential sources of sand. Councilmembdr Hastings reported complaints from downtown residents w~th regard to trash picking, to which the Manager responded that the City does have I an anti-scavenging ordinance and the residentd should be encouraged to notify the Police Department if !they see this occurring, the person(s) will be warned and cited for a subsequent offence. Mayor Brown mentioned a letter from College Park West commending the Public Works DepartmJnt for improvements in their neighborhood, and inquired as to the status of Mr. Reince's requests. The Manager/advised that he and Mr. Seymour met with Mr. Reince and other residents last week, the meeting was productive, good suggestions resulted however most involved a monetary expenditure, Iproblems and concerns were identified, yet there was a spirit of cooperation with the City. He mentioned that the Public Works Parks Division has been doing some cleanup, that pr6gram augmented this year with funds that were allocated for permanent part-time personnel, those monies pooled to hire local high school youth for the purpose of maintenance. He also noted some resident requests may be referred to the Parks and Recteation Commission for consideration. with regard to the Main Street survey, the Director of Development Services reported that the consultant has developed a sampl~: questionnaire that haslbeen sent to some Main Street property and business owners and residents of 8th and 10th Streets to determine if the guestion$ are properly worded for ease of understanding, once those responses are received the questionnaire will be finalized for transmittal to I. all individuals in the area after which the p~blic meeting process will commence. ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open~ Ms. Fran Johnson, Coastline Drive, acknowledged the information regarding the soon to be placed greenwaste bins, concurred with concerns relative to soliciting and entering private property, agreed that military base closures are more prominent in warm climates where the property values are greater, and qukstioned the government transfer of persons from a closing base to another, I I I 8-22-94 / 9-12-94 claiming that does not result in a monetary saving. Ms. Oar Brown, 6th street, concurred that scavenging is a problem, yet residents are afraid to confront persons committing the act because of the potential for reprisal and cautioned that people should call the authorities instead. The Development Services Director advised Ms. Brown that the Main S.treet draft sample questionnaire was fonlarded to only a few businesses and residents thus far, the formal questionnaire will be forthcoming to all businesses, property owners, and residents of the area. Councilmember Hastings mentioned observing a neighbor transporting her cats for shots in order to obtain their cat licenses, and offered that Seal Beach must be the only city in California or the nation that requires cats to be licensed. There being no further comments, Mayor Brown declared Oral Communications closed. ADJOURNMENT It was the order of t~e Chair, with consent of the council, to adjourn the meeting until Monday, September 12th at 6:30 p.m. to meet in Closed Session. By unanimous consent, the adjourned at 8:33 p.m. 71 Cit~/,~l$rk and ex-offic~o City~of Seal Beach Approved, ~-c~-:~ ~ ./~i ~ (j' I Attest: ~ Seal Beach, California September 12, 1994 The regular adjourned City Council meeting scheduled for 6:30 p.m. this date was cancelled as there were no Closed Session items in need of discussion. . Seal Beach, California September 12, 1994 The City Council of t~e City of Seal Beach met in regular session at 7:00 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag.