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HomeMy WebLinkAboutCC Min 1994-10-10 I I I 9-26-94 / 10-10-94 has acknowledged a traffic/pedestrian problem in that area, and various solutions are being looked into. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, October 10th, 1994 at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent of the Council, the meeting was adjourned at 9:00 p.m. o C C' of the Appr'-~7'~~J Mayor Attest: Seal Beach, California October 10, 1994 The City Council of the city of Seal Beach met. in regular adjourned session at 6:27 p.m. with Mayor Brown calling the meeting to order. ROLL CALL Present: Mayor Brown Councilmembers Doane, Forsythe, Laszlo councilmember Forsythe Absent: Councilmember Forsythe arrived at 6:29 p.m. Also present: Mr. Barrow, city Attorney Mrs. Yeo, city Clerk APPROVAL OF AGENDA Forsythe moved, second by Doane, to approve the order of the agenda as presented. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Laszlo None Hastings Motion carried CLOSED SESSION By unanimous consent, the Council adjourned to Closed Session at 6:29 p.m. to discuss the items set forth on the agenda, existing litigation pursuant to Government Code Section 54956.9(a), Stark versus City of Seal Beach, Appeals Court Case 94-55435, and Mola versus city of Seal Beach, Appeals Court Case G014576 and Superior Court Case 63-67-85, and one potential case that may 10-10-94 require initiation of litigation pursuant to Government Code 54956.9(c). The Council reconvened at 7:05 p.m. with Mayor Brown calling the meeting to order. The city Attorney reported that the Council had discussed the items listed on the agenda, gave direction with regard to the third item pursuant to Government Code Section 54956.9(c), and no other action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:06 p.m. 1erk and ex-off1C10 of Seal Beach of the Attest: Seal Beach, California October 10, 1994 I The City Council of the City of Seal Beach met in regular session at 7:06 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brown Counci1members Doane, Forsythe, Hastings, Laszlo Absent: None Also present: Mr. Bankston, City Manager Mr. Barrow, city Attorney Mrs. Yeo, city Clerk APPROVAL OF AGENDA Counci1member Hastings requested items "G" and "L" removed from the Consent Calendar, and Councilman Laszlo requested that item "N" be removed. Hastings moved, second by Forsythe, to approve the order of the agenda as revised. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Mr. Jerry Andersen, 1301 Sandpiper Drive, directed his comments to the observadome atop a covered roof access structure at 1305 Sandpiper Drive claiming that the structure is illegal, a violation of the City's ordinance, and the owner is attempting I I I 10-10-94 to postpone its removal by submitting inadequate replacement plans. He stated his desire that the dome be removed, and asked that the city Attorney address this issue specifically. Mr. Charles Antos, 328 - 17th street, made reference to a recent newspaper article relating to a former employee of the Police Department, Mr. Lockley, and suggested that if there is any possibility that the charges reported in the article could be proven to be true, this matter should be discussed prior to the October 18th trial. Ms. Reva Olson, Seal Beach, spoke to the news article as well, alleged this to be a violation of civil rights, called for accountability by city employees and personal payment of any legal expenses by the persons involved. She noted her involvement with a group attempting to dispel racism to which she suggested that police personnel could likely benefit from workshops sponsored by the group. In turn, a question was posed where in the case of the city being deemed to be the innocent party should the other party then be held liable for the legal costs. Again in reference to the news article, Mr. Bruce Stark, Seal Beach, expressed his opinion that the conduct of the Police Department was reprehensible in this matter. Noting the efforts of College Park West residents to raise monies for park equipment, and charging that the Council reduced the Quimby fees by half for development of the former Rum Runners property, Mr. Stark inquired as to the whereabouts of the Quimby Act fees and why those monies are not being used for such park equipment. Mr. Stark asked the status of the deck encroachment at a Crestview residence, that issue seemingly having faded away, also recalled his suggestion that a large retailer, such as Builders Emporium or Wal-Mart, be sought for Seal Beach as a tax base. Members of the Council mentioned that such companies have been approached, their comments being that this community is not desirous of that type of store, it was also pointed out that marketing studies are conducted before such companies locate in a community, in the case of Seal Beach there is not sufficient consumer draw in that it is bounded on three sides by water. Noting the loss of local control of the schools and fire services, Mr. Stark suggested that the Orange County Sheriff's Department be looked at to provide police protection. With regard to the use of Quimby fees, the City Attorney clarified that there are specific guidelines as to what those monies can be used for and the city Manager noted that those fees have been specifically identifred within the adopted budget, the Parks and Recreation Commission has been asked to prioritize projects that meet Quimby Act requirements, which will then be transmitted to the Council for adoption as part of the budget, and generally a nexus needs to be drawn between the project from which the fees were assessed and the expenditure of the fees, however if a project is of regional benefit it is likely the fees could be used, also expla~ned that approximately $13,000 of Quimby monies was expended tow~rds the Marina Center/park/playground equipment improvements, about $20,000 has been set aside for the relocation of the Luraschi house, and approximately $40,000' remains. Mr. Jeff Paquin, 301 - 14th Street, expressed concern with a situatio~ that arose in conjunction with the annual sale and skateboard exhibition at the In-Flight business location during the past weekend, specifically lewd comments made by a youth over the public address system that could be heard throughout the neighborhood. Mr. Paquin suggested that henceforth when this business seeks a permit for their activity, use of the address system be conditioned or not allowed. The city Manager stated he was not certain that a permit had been requested by In-Flight. Ms. Maggie Schmitt, 14th Street, concurred with the comments of Mr. Paquin, offered that this every three to four month activity seems to be out of control, the recent loud and offensive language inappropriate for the adjacent residential neighborhood. There being no further comments, Mayor Brown declared Oral Communications closed. 10-10-94 COUNCIL ITEMS ALTERNATE REPRESENTATIVE - EL TORO REUSE PLANNING AUTHORITY with the consent of the Council, Mayor Brown appointed Councilmember Hastings as the alternate representative to the El Toro Reuse Planning Authority and offered his services as the second alternate. DRAFT RESOLUTION - MEASURE "A" - EL TORO AIRPORT INITIATIVE Councilman Laszlo pointed out that Measure "A" on the November ballot seeks an affirmative vote to turn the El Toro Marine Air Station into a second Orange County airport. Councilman Laszlo offered his opinion that the use decision should have been made by the Board of Supervisors rather than placing this issue before the voters, instead an El Toro Reuse Committee was formed, the membership predominately from South County, generally in oppositi~n to the airport reuse proposal, stated that sounds generated from such use at the El Toro site should not pose a problem, at issue as well is whether or not Orange County needs another airport in addition to John Wayne. He noted that Seal Beach has not taken a position with regard to Measure "A", the Council may choose to continue to do so, however some West Orange County cities have taken a stance in support of Measure "A". He said a fear remains that should El Toro not be used as an airport that Los Alamitos Air station may be looked at again and possibly some of the Naval Weapons Station. Councilmember Hastings said in view of the base closures there is little opportunity to establish an airport on a site such as El Toro, military use could be reactivated should a future need arise, suggesting that the line of thought should be to protect the coastline and to implement a commercial airport reuse. No action was taken on the draft resolution "IN SUPPORT OF MEASURE A, THE EL TORO AIRPORT INITIATIVE, ON THE NOVEMBER 1994 BALLOT." CONSENT CALENDAR - ITi:MS "c" thru "P" Doane moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar as presented, except Items "G, Land N" removed for separate consideration. C. Approved the waiver of reading in full of all ordinan~es 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 ~~e reading of such ordinance or resolution. D. Approved regular demands numbered 6797 through 6931 in the amount of $160,136.06 and payroll demands numbered 8523 through 8723 in the amount of $260,126.67, and authorized warrants to be drawn on the Treasury for'same. E. Approved th~ minutes of the September 26, 1994 regular meeting. Adopted Resolution Number 4338 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING THE 1994 "EDITION OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTIOil." By unanimous consent, full reading of Resolution Number 4338 was waived. H. Approved Amendment Number Two to the Lifeguard Subsidy Agreement with the County of Orange (lifeguard services). F. I I I I I I 10-10-94 I. Accepted the resignation of Jean Kluga-Byer as the District Two representative to the Citizens Participation Committee and declared the position to be vacant for the unexpired term ending JUly, 1996. Received and filed the staff report regarding the Seal Beach Naval Weapons Station Restoration Advisory Board News Release, and directed that a copy thereof be forwarded to the Archaeological Advisory Committee and Environmental Quality Control Board for information purposes. J. K. Received and filed the staff report regarding the Seal Beach Naval Weapons Station, Action Memorandum News Release, Mercury Removal - Building 68', and directed that a copy thereof be forwarded to the Environmental Quality Control Board for information purposes. M. Received and filed the City of Seal Beach comment letter regarding the UNOCAL Material Amendment Application No. E-85-E to the California Coastal Commission CUNOCAL - Platform Esther), and directed that a copy thereof be forwarded to the Planning Commission and Environmental Quality Control Board for information purposes. Adopted Resolution Number 4340 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING CURT ADAM CORBIN FOR..ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD." By unanimoun consent, full reading of Resolution Number 4340 was waived. O. P. Denied the claim for damages of Diana Contreras. AYES: NOES: Brown, Doane, Forsythe, Ha,tings, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G" - PROPOSED RESOLUTION NUMBER 4313 - POLICIES I PROCEDURES - RESERVATION I USE CITY PARKS and ATHLETIC FIELDS Resolution Number 4313 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SETTING POLICIES AND PROCEDURES GOVERNING THE RESERVATION OF CITY PARKS AND ATHLETIC FIELDS A.'fD THE RULES GOVERNING THEIR USE." By unanimous consent, full reading of Resolution Number 4313 was waived. Councilmember Hastings requestedethat Section 3.5 be amended to read "no alcoholic beverages at'e to be used or sold..."; to a concern that 3.7 would prohibit activities such as the holding of rummage sales, staff suggested that the words "except as provided for in Section 4.5" be added; and it was confirmed that any designee of the City Manager will be fully aware of all other regulations for activities, signs, etc. Councilmember Laszlo r.eferred to Section 5.1 and inquired as to the meaning of "local' youth qroups." The city Manager explained that Section 2.3.1 defines local group to be either a youth or an adult group, if the group consists of sixty percent of residents residing in either Seal Beach, Los Alamitos, Rossmoor and Surfside. It was suggested that Section 5.1 also make reference to Section 2.3.1. The Manager noted that the proposed 10-10-94 Resolution was basically drafted by the Parks and Recreation Commission however the City Attorney was not provided a copy for review, therefore recommended that action on this item be deferred to allow an opportunity for review by the City Attorney and incorporation of Council's suggestions. The City Manager advised that beach and parking lot regulations are a separate matter, confirmed that local organizations will be able to I continue their special events under the parameters established, and advised that approval by the City Manager is required for all events proposed for the beach, parking lots, and the pier, and park activities are being delegated to the Community services Director in most instances. Forsythe moved, second by Laszlo, to postpone action on this item until the next meeting. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "L" - COASTAL CO)tMISSION COMMENT LETTER - MITCHELL LAND and IMPROVEMENT COMPANY - RUM RUNNER SITE Councilmember Hastings commended the staff comment letter directed to the Coastal Commission with regard to the Mitchell Land and Improvement Company development proposed for the former Ru~ Runners site on Pacific Coast Highway, the letter pointing out that the proposed development conforms to all requirements of the Limited Commercial Zone, is consistent with the requirements of the Coastal Act, and the special conditions of approval proposed by the Coastal Commission staff are felt to be unreasonable and unnecessary. Forsythe moved, second by Hastings, to receive and file the staff report and instruct staff to forward same to the Planning Commission for information purposes. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I ITEM "N" - RESOLUTION NUMBER 4339 - OPPOSING PROPOSITION 188 - TOBACCO CONTROL ACT Councilmember Laszlo noted that Proposition Number 188 is a tobacco industry sponsored initiative to be voted upon at the November 8th election and if passed will repeal the recently approved State law that becomes effective January 1, 1995 and imposes stricter regulations on the use of tobacco. He urged a vote against Proposition 188. The City Attorney confirmed that a restaurant establishment could continue to ban smoking, if they chose to do so, even if Proposition 188 passes. Laszlo moved, second by Hastings, to adopt Resolution Number 4339 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, OPPOSING PROPOSITION 188, THE CALIFORNIA UNIFORM TOBACCO CONTROL ACT." By unanimous consent, full reading of Resolution Number 4339 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried RESOLUTION NUMBER 434) - AD HOC COMMITTEE - CAMPAIGN REFORM ORDINANCE REVIEW I Resolution Number 4341 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CREATING AN AD HOC COMMITTEE FOR THE PURPOSE OF REVIEWING CITY ORDINANCE NO. 1381." The city Manager reported the Ad Hoc Committee is proposed as a result of Council direction to a citizen request for review of the city's campaign reform ordinance, that any recommendations resulting from the review would then be forwarded to the City Council and possibly a subsequent referral to the City Attorney to prepare a new ordinance. The Manager noted that the resolution proposes thirteen voting members appointed by the Council, five to be I I I 10-10-94 resident appointees at-large, the remaining eight members to be campaign treasurers for each of the candidates at the last primary municipal election, and the City Clerk to serve as a non-voting member. Alternatives suggested to a thirteen member committee were 1) Council appointment of five members with an invitation to the treasurers to participate as non-voting members; 2) the treasurers being the Council appointees; 3) an optional Council appointment of five citizen members and five treasurers, etc. It was pointed out that all of the treasurers may not be interested in participating, however they should be included as voting members inasmuch as ~ey are the most knowledgeable of the provisions of the ordinance, the proponents of Ordinance 1381 should likewise participate, and it was noted that candidates having expenditures of $1,000 or less would not have incurred problems with the provisions of Ordinance Number 1381. Laszlo moved, second by Forsythe, to refer this item back to staff for revision to reflect committee membership of ten, two appointments to be made by each councilmember, and that the sunset clause be designated as February 1st, 1995. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CITY ATTORNEY REPORT - CODE ENFORCEMENT Pursuant to a request of Council at the last meeting for a report as to the process for code enforcement, the City Attorney reported that the majority of persons do comply with conditions of approval imposed by the City, the Planning commission most frequently apply conditions to their discretionary approvals, the Council, on the occasion of an appeal, may also impose conditions. He noted that staff maintains a file in order to monitor compliance with the conditions within a one year period, approximately six to nine months after an approval the staff forwards a letter reminding the ~pplicant of the deadline and need for compliance, to which most persons submit plans to the city prior to the deadline. He stated that in some instances persons do not meet t~e deadline at which "time the office of the city Attorney forwards a letter advising of the violation of the conditions of approval and they are allowed two to three weeks for compliance, if there is still no compliance a pre- prosecution conference is held to advise the applicant of the need to comply to avoid a legal action to enforce the conditions. with regard to the Sandpiper.property, the City Attorney advised that the Council approved a height variation for a covered roof access structure on September 13th, 1993 subject to certain conditions, one condition being that the applicant remove the observadome within one year, a letter was sent on July 6th reminding of the September 13, 1994 deadline, having not met that deadline the applicant was sent a letter from the City Attorney's office on September 14th advising of the violation and the intent to pursue code enforcement and prosecution of this matter unless plans were submitted by September 27th, plans have now been submitted, staff has reviewed the plans, and a meeting has been called for approximately one week to discuss staff concerns with those plans. The City Attorney informed Mr. Andersen that the Council intends to pursue this matter, and there will undoubtedly be some action by the end of the month. For information of the Council and public, the City Manager announced two upcoming filmings, on October 12th and 13th shoots for an NBC mini-serieB, the majority of filming to take place from a ship about a half mile off-shore, some of the crew will be transported from the docks, there will be aerial exhibits that can be seen from the shore, two helicopters will land in the First Street beach lot on October 12th, however there will be no activity at the First Street lot after 9:00 p.m. on either 10-10-94 date, Bay Watch will also be filming on the pier on October 14th, that involving a rescue boat, with filming ceasing at 10:00 p.m. ORAL COMMUNICATIONS . Mayor Brown declared Oral communications open. Mr. Gordon Shanks, Surf Place, inquired as to the Council's position on I agenda item "B", the EI Taro Reuse Initiative. Councilmember Laszlo advised that the city council took no action on item "B", rather is taking a neutral position. Again in reference to the previously mentioned news article, Mr. Shanks said he believed it was a mistake to locate the Police Department away from the City Hall, separating those two forces, and recalled a number of problems in the 1970 'era involving lawsuits, etc. where the related costs were never known, likewise the costs associated with the disability retirement of the past three chiefs of police is not known, suggesting it would be of interest to know the costs of the upcoming Lockley matter. Mr. Andersen, Sandpiper Drive, exprnssed appreciation for the concern and actions of the council relating to the observadome. There being no further comments, Mayor Brown declared Oral Communications closed. COUNCIL REPORTS Councilman Doane noted that the next Council meeting falls on the same date as the League of cities Conference, and requested that his absence from the Council meeting be excused. It was mentioned that Councilmembers Doane and Laszlo would be attending the League Conference and Councilmember Hastings would be absent from the next Council meeting, therefore given the lack of quorum the meeting would be canceled. Mayor Brown mentioned that residents of college Park West had indicated a I desire to address the Council regarding their gated community proposal, however given the cancellation of the October 24th meeting suggested that their presentation be held over until the following meeting. The Manager offered to meet with the College Park West residents on the 24th if the Council so desired, and requested council permission to transmit the staff report to them upon its completion. The Mayor asked that the College Park West proposal be held over until the November meeting. Noting Council adoption of a Resolution at that last meeting requesting cable transmission of the Los Alamitos High School football games, Councilmember Laszlo reported that the Cable Foundation approved only the bro~dcast of the upcoming homecoming game thus far, however efforts are continuing, by working with the Los Alamitos Cable Foundation and Comcast, to cablecast the remaining games, hopefully at no charge. Councilmember Hastings said since the football games are youth activities and school related possibly the Parks and Recreation Department could fund the $100 per game charge. With regard to the status of a roller blade rink, the city Manager reported there has been focus on two sites, the unused basketball area at Shapell Park in College Park East, to which a quote has been received for resurfacing the area and could possibly be tied to the street overlay project, the other site being the Zoeter property adjacent to the ballfield where t;;:.ere is adequate room for roller blading I and free skating, a quote received for that area as well, an inquiry has been made to the City'S insurance as to their concerns or riders that may be required and the cost thereof, also contact with the Roller Blade Association inquiring if they are prepared to indemnify the city for any organized events. He said it is hoped that a report will be forthcoming to the Parks and Recreation Commission in the near future. Councilmember Forsythe inquired when the Council will be reviewing the traffic report for the area around McGaugh School. The Manager advised that the report will be available for distribution before October 24th, then scheduled for Council consideration at the I I I 10-10-94 following meeting. Councilmember Forsythe mentioned an increased frequency of personal items disappearing from the beach while individuals are in the water surfing, swimming, etc., and inquired as to the possibility of retaining a vendor to implement some type of locker facilities for public use. The Manager offered to research the suggestion. Councilmember Forsythe announced the School Board Candidate Forum to be held Wednesday, October 12th in City Council Chambers at 7:00 p.m. At the request of Councilmember Hastings, the City Attorney noted the concerns of Council with the recently revised hours allowed for solicitation, specifically with regard to flexibility to designate the hours and discretionary powers of the City Manager. He clarified that the inquiry that had been made to the City relating to the hours allowed for solicitation was from Public Information Research rather than the Sierra Club, also reported a communication received from the Sierra Club advising that they would not solicit after 9:00 p.m. He stated the issue of solicitation is the result of both the United States and California Supreme Court cases, the U. S. Court having established a rule that solicitation is protected by the First Amendment however reasonable regulations can be established during the hours of repose, the California supreme Court, in the year 1916, defined the hours of repose as 10:00 p.m. until 6:00 a.m., that case still being relied upon. He noted U. S. Supreme Court decisions in 1988, 1990, 1993, and the Long Beach case in 1993 relating to the discretionary powers of the city Manager. The city Attorney acknowledged that some cities have established hours for solicitation between 8:00 a.m. and 9:00 p.m. and although those hours have not been challenged as yet it is felt 9:00 p.m. would be a risk based upon the prior court decisions. Councilmember Hastings read a letter from Interval House bringing to attention the designation of the month of October as "National Domestic Violence Month." She commended city staff and the Public Works Department for their alertness in taking extra precautions after the occurrence of the recent earthquake in Japan, and noted.the berm is now in place on the beach. As to the status of sand replenishment, the city Manager reported that tests of the Whittier Narrows sand samples were satisfactory, likely would need additional screening, yet the cost is just marginally below the commercial quarry price, however it has been learned that there is another reach of the Santa Ana River that ~ppears to have between fifty to ninety thousand cubic yards, that sand has been tested, is a little courser yet does fall within the Fish and Game and Coastal guidelines, an attempt being made to schedule a meeting to discuss the availa~ility of that source once more detail is known as to the quantity, also the price appears to be more in line with prior potential sources. Mayor Brown stated it was a privilege to have attended the recent Miss Seal Beach Pageant, anyone of the contestants could have been selected as queen, and extended appreciation to Councilmembers Forsythe and Laszlo who also attended. AroOURNM~T It was the order of the Chair, with consent of the Council, to adjourn the meeting a~ 8:50 p.m. /Clerk and ex-off c of Seal Beach . 10-10-94 I 10-24-94 I 10-26-94 APPrOved, J~d~'..J Atteet, O~,;J21l ~ / ty Cler {/ I Seal Beach, California October 24, 1994 "NOTICE IS HEREBY GIVEN that the regular city Council meeting of October 24th, 1994 is hereby cancelled due to lack of quorum and is hereby adjourned to Wednesday, October 26th, 1994 at 2:00 p.m. in the City Coun~il Chambers, 211 - 8th Street, Seal Beach, California. DA~ THIS 2 et day ~OctOber' J~~ . Yeo, City Cl~ C~ of Seal Beach" 1994. Seal Beach, California October 26, 1994 I The City Council of the city of Seal Beach met in regular adjourned session at 2:00 p.m. with Mayor Brown calling the meeting to order. ROLL CALL Present: Mayor Brown Councilmembers Forsythe, Laszlo Councilmembers Doane, Hastings Absent: It was the consensus of the Council to excuse the absence of Councilmembers Doane and Hastings from this meeting. Also present: Mr. Bankston, City Manager Mrs. Yea, city Clerk APPROVAL OF AGENDA Forsythe moved, second by LaSZlo, to approve the agenda as presented. AYES: NOES: ABSENT: Brown, Forsyt.he, Laszlo None Doane, Hastings I Motion carried ORAL COMMUNICATIONS There were no Oral Communications. COUNCIL ITEMS There were no Council Items for discussion.