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HomeMy WebLinkAboutCC Min 1994-09-12 I I I 8-22-94 / 9-12-94 claiming that does not result in a monetary saving. Ms. Dar 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 street draft sample questionnaire was for~arded 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 was adjourned at 8:33 p.m. rk and ex-off~c~o Seal Beach Approved, ~~~ \ { 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. 9-12-94 ROLL CALL Present: Mayor Brown Councilmembers Doane, Forsythe, Hastings, Laszlo Absent: None Also present: Mr. Bankston, City Manager Mr. Barrow, city Attorney Mr. Whittenberg, Director of Development Services Ms. Mc~lynn, Recreation supervisor Mrs. Yeo, city Clerk I APPROVAL OF AGENDA For information of th~ public, Mayor Brown read the description of each item on the Consent Calendar. councilmember Hastings requested that Item "L" be removed from the Consent Calendar for separate consideration. Doane moved, second by Hastings, to approve the agenda as revised. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Mr. Gordon LaBedz, Surfrider Fou:ldation, reminded that the "Coast Week" beach cleanup will co~mence at the pier at 8:00 a.m., September 17th. with regard to the bacterial pollution of the San Gabriel River, Mr. LaBedz reported the Water Quality Control Board had been contacted and an inspection was made of the Los Alamitos I Race Track as a suspected source of the pollution, however the operation of that facility was determined to be clean, the animal waste disposed of through the regular sewer system. Mr. LaBedz reported however that the sewer connection shuts down with one-tenth of an i.nch of rain, the waste matter then goes into the River, therefore cautioned that one should not swim or surf within seventy-two hours after a rain. He said the source of pollution continues to be sought, confirmed the cooperation of the City to involve the Orange county Flood Control District in seeking the source of pollution, such as coyote Creek, also with the reinstallation of the warning sign at the River. Ms. Judy Naimi-Yazdi, Seal Beach, said the previously reported blue spirals were found to be coming from the Edison facility and the blue sponges from Haynes Steam Plant, the Coast Guard is in the process of sending letters of violation however both companies are being cooperative. A lady from the audience expressed her objection to the dog .:nd cat license canvass, the manner in which it is being conducted, the attitude of the canvassers, the frequency of the notices, the threat of penalty, citation and legal action should a license not be obtained immediately, and suggested that the cat leash law either be removed from the City's laws or that i~ be applied equally to all. Some members of the Council concurred with the concerns expressed; there was a request made for a ~eport of revenue generated from cat I licensing; and clarified that cats as well as dogs are required to be licensed in this City. The City Manager offered to provide a report relating to the canvass and animal licensing process for information of the Council, and the city Attorney suggested that the speaker communicate with the city Manager to avoid any possible penalty. Ms. Carla watson, Catalina Avenue, conveyed her pleasant experience with the licensing canvassers. I I I 9-12-94 PRESENTATIONS TEEN MURAL PROJECT Ms. Kathleen McGlynn, Recreation Supervisor, directed attention to the mural depicting the ocean, sea life and distant islands created by Camp Marina art students under the instruction of Jim Gossman. Ms. McGlynn noted that the mural of last year has been used as a stage backdrop and the 1994 mural will be placed at Marina Park. Mr. Gossman described his instruction techniques and methods of encouraging artistic ideas.and talents. He introduced the young participating artists, and Ms. McGlynn commended their accomplishment as well. J FOUNDER'S DAY PROCLAMATION Mayor Brown proclaime~ the month of October, 1994 as "Seal Beach Days" and October 30,.1994 as "Seal Beach Founder!s Day." Ms. Dorothy Whyte, Committee Chairperson, noted that the events of October are to commemorate the City's birthday as well as a means of raising monies to benefit recreation programs and facilities. Ms. Whyte introduced the Committee members present who in turn described the various activities that will take place, some of which include a golf tournament, a parade with the theme of ghosts, goblins and home town heros, greenbelt festivities for all ages, Naval Weapons station 50th Anniversary Open House, masquerade ball and corresponding Monster Mash for the children. APPOINTMENTS - AD HOC BASE CLOSURE COMMITTEE Councilmember Hastings appointed Mr. Warren Morton as the District One member of the Ad Hoc Base Closure Committee; Mayor Brown appointed Mr. Jim Clow as the District Two member; Councilmember Forsythe appointed Mrs. Gayle Knapp as the District Three member; councilmember Laszlo appointed Mr. Del Smith as the District Four member; and Councilmember Doane appointed Mr. Tom Lyon as the District Five member. Hastings moved, second by Doane, to approve the appointments as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CONSENT CALENDAR - ITEMS "0" thru "S" Hastings moved, secon~ by Laszlo, to approve the recommended action for items on the Consent Calendar as presented with the exception of Item "L", to be considered separately. D. Approved the waiver of 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 unless specific request is made at that time for the reading of such ordinance or resolution. E. Approved regular demands numbered 6461 through 6644 in the amount of $270,248.48 and payroll demands numbered 8108 through 8316 in the amount of $305,380.48 and authorized warrants to be drawn on the Treasury for same. F. Received and filed the Housing Element Revision (AB 2172) status report and instructed staff to forward same to the Planning Commission for information purposes. 9-12-94 G. Denied the claim for damages of Sandra J. Brim with a recommendation that the claim be submitted to General Telephone. Denied the claim for damages of Diane Decker and r.eferred same to the City's liability attorney and adjuster if deemed necessary. I. Denied the claim for damages of Marvin B. Porter and referred same to the City's liability attorney and adjuster if deemed necessary. H. I J. Approved the minutes of the August 22nd, 1994 regular adjourned and regular meetings. K. Approved thn introduction and first reading of Ordinance Number 1390 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, REGARDING ADJUSTMENT OF THE PER BARREL TAX ON OIL, GAS, PETROLEUM OR OTHER HYDROCARBON SUBSTANCE PRODUCTION AND AMENDING THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1390 was waived. M. Received and filed the Monthly Investment Report as of July 31, 1994. N. Mayor Brown proclaimed the week of September 17th through the 23rd, 1994 as "Constitution Week." I Received and filed the staff report advising of to the withjrawal of an appeal of Conditional Use Permit 94-4 and Variance 94-5, Burger King, 770 Pacific Coast Highway. P. Adopted Resolution Number 4333 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INCREASING COMPENSATION FOR THE POSITION OF CITY MANAGER, APPROPRIATING FUNDS THEREFOR, AND APPROVING AN AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER." By unanimous consent, full reading of Resolution Number 4333 was waived. O. Q. Adopted Ordinance Number 1389 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, EXTENDING A FRANCHISE FOR OIL PIPELINE- PUapOSES HELD BY THE UNION OIL COMPANY OF CALIFORNIA PURSUANT TO ARTICLE XI OF THE OFFICIAL CHARTER OF THE CITY OF SEAL BEACH ~ND CHAPTER 16-B OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1389 was waived. I R. Approved the plans and specifications for the Reconstruction/Overlay of Rossmoor Center Way, Project Number 646, and authorized the City Manager to advertise for bids. S. Adopted Resolution Number 4334 entitled "A RESOLUTION OF THE CITy'COUNCIL OF THE CITY I I I 9-12-94 OF SEAL BEACH, CALIFORNIA, AMENDING RESOLUTION 4243 TO REFLECT FINAL BUDGET AMENDMENTS FOR FISCAL YEAR 1993/94." By unanimous consent, full reading of Resolution Number 4334 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "L" - ORDINANCE NUMBER 1388 - CHARITABLE SOLICITATION Councilmember Hastings reported receiving a number of telephone calls in opposition to allowing solicitation until 10:00 p.m., the callers citing an invasion of privacy and disturbance of the peace, to which she suggested that the City assess the Supreme Court decision and register a complaint that Seal Beach finds the 10:00 p.m. solicitation hour to be unacceptable. The City Attorney offered that past cases could be reviewed further, upon direction of the Council, to determine if something different can be done yet still comply with the decision, explaining that there is basically no recourse in response to a Supreme Court action yet there can be a constitutional amendment to a California Supreme Co".lrt decision. The City Attorney again suggested that a sign on an individual's property declaring 'no soliciting' is likely the best deterrent at this time. It was confirmed that a solicitor is required to obtain a business license; action may be pursued against a licensed solicitor who chooses to ignore a 'no soliciting' sign; political fliers can be placed at doorsteps; political figures should likewise abide by such sign, however that decision is at the discretion of the individual/property owner. The city Manager advised that there is limited discretion for the issuance of a solicitation business license, the City does obtain information relating to the purpose of the solicitation, the names of the solicitor(s), a contact person available on a twenty-four hour basis, however information that was previously sought has now been disallowed by the Supreme Court. Mayor Brown suggested that the proposed ordinance be adopted with direction that the City Attorney conduct further research to determine if there is a means to not allow the 10:00 p.m. solicitation hour. Hastings moved, second by Forsythe, to approve second reading and.adopt Ordinance Number 1388 with the aforementioned direct~on to the city Attorney. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - APPE~L - CUP 94-4 I VARIANCE 94-5 - BURGER KING - 770 PACIFIC COAST HIGHWAY It was noted that no public hearing would be held as the appeal of this matter was withdrawn. . ORANGE COUNTY FIRE AUTHORITY - JOINT EXERC~SE OF POWERS AGREEMENT . The City Manager noted there has been discussion of an Orange County Fire District for a number of years, a study was conducted and determined that the conversion of the County Fire Department to a Special District was feasible from operation and financial standpoints, however legislation. proposed to allow formation of the Dist:~ict, without restriction of governing board membership as provided by current authority, was not successful, for the m~st part due to the lack of support by the State labor organization. He explained that the Joint Powers Authority is another means of implementing the Special District, which requires approval of the County and the member cities. The benefit of the JPA is that Seal Beach will remain a contract 9-12-94 city to the Authority for at least another three years, the terms and conditions of the contract will be identical to the existing contract with the County, however the City will gain a voting position on the Authority, and during the three year period a determination can be made to either remain a contract city or possibly bee one a member of the Joint Powers, and at this time there is no gain in benefit or loss of financial I position. The Manager noted that by agreement the County has agreed to transfer the structural Fire Augmentation Funds to the Joint Powers Authority, that the County and the other Orange county cities, with the exception of Villa Park, have approved participation in the JPA, again pointing out that the city has the options to contract with the JPA, contract with an adjacent community even though there is no city in a position to present a proposal at this time, or the City could form its own fire department. He pointed out that there is no commitment to an expenditure of funds at this point with the possible exception of an application fee estimated to be less than one thousand dollars; each city will have one voting representative to the JPA selected by its governing body; fire services'will remain as they currently exist with the City having the ability to augment up or down and pay accordingly; the agreement sets forth the manner in which rates are set for cash contract cities, which will remain. unchanged for a period of three years, how new members are to be accepted and how withdrawals can occur, and pointed out that if a community determines to withdraw and there has been a bonded indebtedness during their tenure, the withdrawal does not preclude that city from continuing with the obligation that has been committed to. Doane moved, second by Laszlo, to adopt Resolution Number 4335 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL I BEACH APPROVING A JOINT EXERCISE OF POWERS AGREEMENT TO FORM THE ORANGE COUNTY FIRE AUTHORITY AND AGREE TO PARTICIPATE IN ACTIVITIES THAT SUPPORT AUTHORITY FORMATION." By unanimous consent, full reading of Resolution Number 4335 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried The city Manager announced the installation of three new water fountains, one in Eisenhower Park, near the pier shower area, and the tot lot. ORAL COMMUNICATIONS There were no Oral communications. COUNCIL REPORTS Councilman Doane made reference to recent news articles regarding scientists 'chat are planning the placement of detonations in order to determine quake risks, to which he said some of his constituents have expressed concern in that one location of the detonations is the Naval Weapons Station where ammunitions are stored. He inquired if Seal Beach is the only City that is on the path of this testing and if there are similar concerns in other cities. The city Manager responded I that he met with two of the geologists involved with the testing and analysis of the results from this project, those persons have indicated a willingness to address the Council to explain the project, what it ~s they are hoping to determine, the size of detonations, the locations, etc., at the desire of the Council. There was ar. indicated desire by the Council for such presentation. Council member Forsythe inquired as to the status of traffic safety measures in the vicinity of McGaugh School. She mentioned that a statement was made at the PTA meeting this date that the City had decided to designate an area of Bolsa as a loading zone, reported that a dangerous condition continues to I I I 9-12-94 exist in the area of the School, persons are jaywalking, Riviera is very congested in the morning hours, the buses are picking up middle-school children, the elementary school children are crossing Riviera outside of crosswalks, cars are accessing Riviera from Bolsa Avenue, the increased traffic due to inter- district transfers and more families transporting their children to school as a result of busing costs. The City Manager explained that the traffic engineering firm of DKS has been retained, they have video taped the area, postponed further evaluation until the opening of school in order to observe the problems directly, and they are now formulating recommendations for consideration. with regard to the loading zone statement, he advised that he has not spoken directly to Mr. Blaydes, however the City is aware of a couple of locations where loading zones have been posted, the City's engineer is checking to determine if that is enforceable under the Vehicle Code, and of issue is the bike lane, where one is not allowed to stop or park, the allowance to stop in such lane is being checked, and it is believed that to establishing a loading zone may require Council action. Also the speed zones will take somewhat more time to collect the necessary data. The Manager stated that the turn lanes, the use of the bike lanes for loading, the possibility of a different type of turn-out system for the buses, the use of barriers adjacent to the school on Seal Beach Boulevard, and to wha~ degree the school zone can be lowered are all being explored. Councilmember Hastings concurred with the concerns and spoke favorably of using the bike lanes to on- and off-load the children. Councilmember Forsythe emphasized that speed is the primary element on Bolsa Avenue, that botch dots and a lower speed must be put in place. Councilmember Hastings extended a Happy Jewish New Year. Councilmember Hastings expressed appreciation to Pam and Dave Potter for their donation to the pier repair fund of $125 received from the sale of their video of the pier fire to a television station. She mentioned having read the comments of Councilmember Forsythe and Mrs. Grgas regarding the need for a teen center to which she suggested that the Luraschi house, which is to be moved to the vicinity of Marina Park, be used in part for a teen center in conjunction with the Recreation Department. Councilmember Forsythe said such a use could be successful if the children design the program. In conjunction with the solicitation issue, councilmember Hastings reported a complaint regarding graffiti, said persons in Old T~wn are becoming frightened, Seal Way residents feel unsafe and intimidated, and inquired as to the status of architectur~l services for a police substation which will serve as a deterrent to some of the activities that are taking place near the pier and beach. The city Manager offered that three local architects were identified from business licenses and were sent a letter of inquiry, staff is in the process of determining what Coastal Commission criteria or conditions there may be as to utilizing the area near the pier, the adopted budget allowed for the retention of an architect to develop a design and cost estimate and explore utilization of the lifeguard facility, and any architectural contract will require Council approval. councilmember Hastings inquired also as to the status of validated parking for the merchants and a people-mover trolley. The Manager explai~ed that staff is not proposing moving forwarded with any type of validated parking at this time pending consideration of the Main Street Specific Plan, however noted t~at all-day automation of the First Street lot was approved with approval of the budget, evaluation of that equipment is now unde~way and will be forthcoming to Council for award of the purchase. with regard to an anticipated time frame for the Specific Plan, staff explained that there had been some delay in order to obtain parking counts for the July 4th weekend, that surveys will be forwarded to property owners on 8th and lOth Streets and property and business owners on Main 9-12-94 I 9-14-94 street within one to two weeks, once the responses are received and tabulated the consultant will hold a public input meeting to discuss the survey responses and other community concerns, thereafter alternatives will be prepared, discussed further with the community, and finally a complete plan. Councilmember Hastings said she recalled that the surveys were to be sent to properties between 5th and 12th and Ocean to Electric. Mayor I Brown reported attend~ng a College Park West volleyball facility - ribbon cutting ceremony that was attended by three generations of residents, followed by a picnic; the International Friendship Association will be holding a meeting on Thursday evening relative to sister city activities; the Police Association and the Business Association played their fourth annual softball game on Saturday night, the winners now tied two to two; and the Rossmoor Center Merchants Fair will be held on Saturday, September 17th. ADJOURNMENT The City Attorney mentioned that there had been some discussion of adjourning this meeting until Wednesday, September 14th at 4:15 p.m. to provide information to the Ad Hoc Base Closure Committee, and noted to do so a quorum of the Council will need to be present, and the September 14th meeting will then be adjourned until September 26th at 6:30 p.m. to meet in Closed Session. It was the order of the Chair, with consent of the Council, to adjourn this meeting until Wednesday, September 14th at 4:15 p.m. The meeting was adjourned by unanimous consent at 8:35 p.m. I of the Approved: Attest: Seal Beach, California September 14, 1994 The regular adjourned City Council meeting scheduled for 4:15 p.m. this date was convened at 4:32 p.m. with Mayor ProTem Laszlo calling the meeting to order. I ROLL CALL Present: Mayor ProTem Laszlo Counci!members Doane, Forsythe Absent: Mayor 3rown, Councilmember Hastings