HomeMy WebLinkAboutCC Min 1995-08-14
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that the cities, through the League or the composite plan, will
have some input as to the limitations that the trustee may have.
There was a consensus of the Council to authorize Councilman
Brown, with the assistance of the Interim City Manager, to
present the city's position with regard to the Plan durinq
discussion at the League meeting the following evening.
COUNCIL CONCERNS I
Members of the Council spoke favorably of the workshop session
for the Main Street Specific Plan, resulting in a better
understanding of various issues to be considered.
ADJOURNMENT
It was the order of the Chair, with consent of the Council, to
adjourn the meeting until Monday, August 14th, 1995 at 6:00 p.m.
to meet in Closed Session if deemed necessary. It was the
consensus of the Council to adjourn the meeting at 10:05 p.m.
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of the
y Clerk and ex-off1C~O
ty of Seal Beach
Approved:
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Attest:
Seal Beach, California
August 14, 1995
The city Council of the City of Seal Beach met in regular
adjourned session at 6:02 p.m. with Mayor Hastings calling the
meeting to order with the Salute to the Flag.
ROLL CALL
Present:
Mayor Hastings
Councilmembers Brown, Doane, Forsythe, Laszlo
Absent:
None
Also present: Mr. Shelver, Interim city Manager
Mr. Barrow, City Attorney
Mrs. Yeo, City Clerk
APPROVAL OF THE AGENDA
Brown moved, second by Forsythe, to approve the order of the
agenda as presented.
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AYES:
NOES:
Brown, Doane, Forsythe, Hastings, Laszlo
None Motion carried
ORAL COMMUNICATIONS
There were no Oral Communications.
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CLOSED SESSION
The city Attorney announced that the Council would meet in
Closed Session to discuss the items listed on the agenda, a
conference with the city's labor negotiator, Mr. Shelver, with
regard to the Police Officers' Association employee organization
pursuant to Government Code Section 54957.6, and a conference
with Legal Counsel with regard to existing litigation pursuant
to Government Code Section 54956.9(a), Lupash versus City of
Seal Beach. By unanimous consent, the Council adjourned to
Closed Session at 6:04 p.m. and reconvened at 7:04 p.m. with
Mayor Hastings calling the meeting to order. The City Attorney
reported the Council received reports relating to the two items
identified and that no action was taken.
ADJOURNMENT
It was the order of the Chair, with consent of the Council, to
adjourn the meeting at 7:04 p.m.
Ci~y/ lerk and ex-off
c~y of Seal Beach
of the
Approved:
Attest:
Seal Beach, California
August 14, 1995
The city Council of the city of Seal Beach met in regular
session at 7:05 p.m. with Mayor Hastings calling the meeting to
order with the Salute to the Flag.
ROT"L CALL
Present:
Mayor Hastings
Councilmembers Brown, Doane, Forsythe, Laszlo
Absent:
None
Also present: Mr. Shelver, Interim city Manager
Mr. Barrow, city Attorney
Mr. Whittenberg, Director of Development
Services
Mrs. Stoddard, Director of Administrative
Services
Mr. Badum, City Engineer/Director of Public
Works
Mr. Seymour, Community Services Director
Mrs. Yeo, City Clerk
APPROVAL OF AGENDA
Councilmember Forsythe requested that Item "F", the July 24th
Council minutes, be removed from the Consent Calendar as she and
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Councilmember Brown were absent from that meeting. A member of
the audience requested that Consent Calendar Items "G" and "M"
be removed. Brown moved, second by Laszlo, to approve the
agenda as"revised.
AYES:
NOES:
Brown, Doane, Forsythe, Hastings, Laszlo
None Motion carried
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ORAL COMMUNICATIONS
There were no Oral Communications.
PRESENTATIONS
RESOLUTION NUMBER 4398 - RECOGNIZING ANDREA REDDECLIFF - POLICE
EXPLORER
Resolution Number 4398 was read in full by Mayor Hastings
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH RECOGNIZING AND COMMENDING ANDREA REDDECLIFF FOR HER
SERVICE TO OUR COMMUNITY." Laszlo moved, second by Doane, to
adopt Resolution Number 4398 as presented.
AYES:
NOES:
Brown, Doane, Forsythe, Hastings, Laszlo
None Motion carried
RESOLUTION NUMBER 4399 - RECOGNIZING STEVE HAUGHTON -
POLICE EXPLORER
Resolution Number 4399 was read in full by Mayor Hastings
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH RECOGNIZING AND COMMENDING STEVE HAUGHTON FOR HIS SERVICE
TO OUR COMMUNITY." Doane moved, second by Laszlo, to adopt
Resolution Number 4399 as presented.
AYES:
NOES:
Brown, Doane, Forsythe, Hastings, Laszlo
None Motion carried
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Mayor Hastings presented the Resolutions to Ms. Reddecliff and
Mr. Haughton with appreciation.
APPOINTMENTS - BOARDS and COMMISSIONS
Environmental Oualitv Control Board
Councilman Brown requested that the District Two appointment be
held over.
Pro;ect Area Committee
Mayor Hastings requested that the District One appointment be
held over.
civil Service Board
Mayor Hastings requested that the District One appointment be
held over.
CONSENT CALENDAR
Brown moved, second by Doane, to approve the recommended action
for items on the Consent Calendar as presented, except Items "F,
G and Mil removed for separate action.
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.
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E. Approved regular demands numbered 9604
through 9878 in the amount of $635,396.42
and payroll demands numbered 12622 through
12834 and 12842 through 13067 in the amount
of $566,314.84 and authorized warrants to
be drawn on the Treasury for same.
Received and filed the Monthly Investment
Report as of June 30, 1995.
Received and filed the staff report relating
to the draft California's Ocean Resources
Report, instructed staff to forward same to
the Environmental Quality Control Board for
review and approval of the draft response
letter, and that this matter be scheduled
for final consideration on August 28th by
the City council.
J. certified Negative Declaration 95-2, Beach
Nourishment project, Phase II, instructed
staff to file appropriate documentation
with the County of Orange and to proceed
with further investigations and negotiations
with the appropriate contractors.
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K. Authorized the Mayor to sign the comment
letter to SB 1066 relating to Development
Fees - School Facilities, received and
filed the staff report and instructed
staff to forward same to the planning
commission for information.
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Received and filed the status report
relating to air quality issues, requested
staff to monitor the air quality issues and
provide additional information to the Council
as deemed appropriate, and that this item be
forwarded to the planning commission and
Environmental Quality Control Board for
information purposes.
N. Received and filed the supplemental report
relating to a Finding of No Significant
Impact, Surfside-Sunset/West Newport Beach
Nourishment Project, Stage 10, authorized
the Mayor to sign the proposed response
letter, and instructed staff to investigate
further the proposed actions set forth in
the response from the corps of Engineers,
and to forward this item to the Environmental
Quality Control Board for information purposes.
Received and filed the staff report relating to
the Bolsa Chica Wetland Restoration Agreement,
and instructed staff to forward this item to the
Environmental Quality Control Board and the
Archaeological Advisory Committee for information
purposes.
Received and filed the staff report with regard
to the increasing number of stingray wounds
occurring at the beach, and concurred that staff
should work with the Fish and Game commission
towards obtaining authority to drag the affected
area with a seining net to reduce this problem.
Q. Authorized staff to file an application for a
Beach Nourishment Project, Anaheim Bay Dredge
O.
P.
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R.
Project, with the California Coastal Commission
and proceed with further investigations and
negotiations with the Naval Weapons Station,
U. S. Army Corps of Engineers, and other
appropriate agencies.
Adopted Resolution Number 4401 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH AUTHORIZING BUDGETARY AMENDMENTS
FOR THE 1995/96 FISCAL YEAR." By unanimous
consent, full reading of Resolution Number
4401 was waived.
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S. Adopted Resolution Number 4402 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
#658 - REPAIR OF FIRE DAMAGE AT THE MUNICIPAL
PIER, CONTRACT ENTERED INTO BETWEEN CONNOLLY-
PACIFIC COMPANY AND THE CITY OF SEAL BEACH."
By unanimous consent, full reading of Resolution
Number 4402 was waived.
T. Adopted Resolution Number 4403 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH IN FISCAL SUPPORT OF CALIFORNIA
DEPARTMENT OF BOATING AND WATERWAYS GRANT
APPLICATION AND AUTHORIZING SUBMISSION OF SAID
APPLICATION." By unanimous consent, full reading
of Resolution Number 4403 was waived.
U.
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Adopted Resolution Number 4404 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, APPROVING STATE-
LOCAL ENTITY MASTER AGREEMENT NO. SLTPP 5529
AND PROGRAM SUPPLEMENT NO. 001 AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT AND
PROGRAM SUPPLEMENT." (Seal Beach Boulevard
Resurfacing Project, Bolsa Avenue to Pacific
Coast Highway). By unanimous consent, full
reading of Resolution Number 4404 was waived.
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V. Adopted Resolution Number 4405 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH AMENDING RESOLUTION NO. 4234
TO PRESCRIBE THE INDEX BY WHICH ADJUSTMENTS
SHALL BE CALCULATED IN THE AMOUNTS OF THE
TRANSPORTATION FACILITIES AND PROGRAMS
DEVELOPMENT FEE AND THE TRANSPORTATION
FACILITIES AND PROGRAMS DEVELOPMENT
APPLICATION FEE PURSUANT TO CHAPTER 22B OF
THE CODE OF THE CITY OF SEAL BEACH." By
unanimous consent, full reading of Resolution
Number 4405 was waived.
W.
Adopted Resolution Number 4406 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, APPROPRIATING
PARK DEVELOPMENT FUNDS FOR THE RESURFACING
OF THE ROLLERHOCKEY FACILITY AT ALMOND PARK
(FORMERLY SHAPELL PARK)." By unanimous
consent, full reading of Resolution Number
4406 was waived.
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X. Denied the claim for damages of William T.
McKeough and referred same to the City'S
liability attorney and adjuster for
information purposes.
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AYES:
NOES:
Brown, Doane, Forsythe, Hastings, Laszlo
None Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "F" - APPROVAL OF MINUTES
Laszlo moved, second by Doane, to approve the minutes of the
July 24th, 1995 regular adjourned and regular meetings.
AYES:
NOES:
ABSTAIN:
Doane, Hastings, Laszlo
None
Brown, Forsyth~
Motion carried
ITEM "G" - PROCLAMATION
Ms. Sue Corbin, Seal Beach, inquired as to the origin of the
"Victory in the pacific Day" prOClamation. The city Clerk
advised that the prOClamation had been requested by the Veterans
Charities of orange county and a recognition of the occasion is
to be held August 17th in Costa Mesa. Ms. Corbin commented that
some veterans organizations were not pleased with this
recognition, to which councilmember Brown advised that this
remembrance is not intended to take away from the recognition of
VJ Day.
ITEM "M" - SB 408 - BREACH OF MORATORIUM - ALCOHOLIC BEVERAGES
To a request for clarification, the Director of Development
Services noted that SB 408 is presently on the Governor's desk
for signature, explained that last year a bill was signed that
placed a moratorium on the issuance of additional off-premises
liquor licenses in areas of over-concentration, the proposed
legislation would rescind the legislation of last year and would
allow the ABC to consider new license applications. He advised
that the comment letter requests that SB 408 not be signed.
Motion to approve the recommended actions on Items "G" and "M":
Brown moved, second by Laszlo, to proclaim August 17, 1995 as
"victory in the Pacific Day", and to authorize the Mayor to sign
the comment letter with regard to SB 408, receive and file the
staff report and instruct staff to forward Item "M" to the
Planning commission for information.
AYES:
NOES:
Brown, Doane, Forsythe, Hastings, Laszlo
None Motion carried
STATUS REPORT - BIXBY OLD. RANCH GOLF COURSE DEVELOPMENT PLAN
The city Manager noted that the report provides an update as to
the status of this proposed project and forwards the resolutions
from the Environmental Quality Control Board and Planning
Commission regarding same, the City Attorney available to
comment as to any legal issues relating thereto. For the
benefit of the Councilmembers absent from the last meeting, the
city Attorney noted that a report had been presented with regard
to the time frame for considering the Environmental Impact
Report, although not mandatory the California Environmental
Quality Act requires that the EIR be acted upon within one year
from the time the application is deemed complete, in this case
that date is September 7th. He reported that the council
directed staff to request an extension of that deadline to which
the BiXby Ranch Company has provided written consent to an
extension until October 10th, th~refore in his opinion there is
now full compliance with the provisions of CEQA, however his
preference would be that an action be taken on the EIR prior to
the October 10th date. He noted that this matter was
tentatively scheduled for the September 11th meeting.~
councilman Laszlo again expressed his preference that the
environmental documents and the project be considered in
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conjunction with one another, questioned also what would be done
in the event of further delay. The city Attorney said in that
case a further extension would be sought from Bixby, their
preference as well is that the project and EIR be considered
under a combined public hearing. By unanimous consent, the
Council received and filed the status report.
COUNCIL REPORTS
Councilman Doane reported having written to Congressman
Rohrabacher requesting to be removed from his mailing list since
the Congressman felt it was necessary for the House of
Representatives to take issue with State and County business,
more specifically his attempts to incite people into a recall
effort of Doris Allen, to which he stated the Congressman's
actions are out of line. Councilman Brown reported having a
successful meeting relating to flood issues in the downtown
area, the meeting attended by representatives from the Weapons
Station and County Flood Control, another meeting will be
scheduled some time in November to coordinate efforts, plans,
and preparations to deal with any potential flooding event in
the future. Councilman Brown noted discussion at the recent
League of cities meeting with regard to the County bankruptcy,
more specifically consideration at the County level to seek $350
million from the Orange County Transit Authority and $250
million from the Sanitation Districts, to divert sales tax of
between $35 to $70 million from the Transit Authority, one to
four percent from cities, a diversion of sales tax from special
districts, Harbors, Beaches and Parks, Vector Control, etc. are
examples of other affected agencies, yet there ha~_Qeen no real
effort shown that sufficient cuts are being made and spending is
at the County level to address the bankruptcy. The Sanitation
Districts, as an example of the County's attitude, tentatively
offered $200 million to take over the operating landfills, the
response of the County was that they were looking towards at
least $250 million with the Sanitation Districts assuming the
liability for the operating, closed, and soon to be closed
landfill sites as well. With the resignation of Gaddi Vasquez
he noted the suggestion of the Grand Jury to go to part-time
supervisors, the League exploring that as well. Mayor Hastings
expressed her opinion that the two remaining pre-bankruptcy
supervisors should also resign. In that the Base Preservation
Committee has been placed in abeyance for a period of two years,
Councilman Laszlo asked that a letter of appreciation be
forwarded to the members of that Committee. with reference to
the County bankruptcy and organization, Councilmember Forsythe
suggested that the Council consider compiling a letter and/or
resolution to be forwarded to the State as have a number of
other cities, in that the County has no clear direction or
solution at this time, as an example, at a recent Reorganization
Committee meeting a plan submitted by Supervisor Bergeson was
unrecognizable at the conclusion of the discussion. She
expressed her opinion that the county level of government is
obsolete, a duplication of efforts. Councilmember Forsythe
asked that this subject matter be placed on the next agenda.
Councilman Brown suggested that language be included to reflect
an opposition on the part of this city with regard to the State
appointing a trustee to administer the County under a plan that
is not acceptable to the cities or having little direction,
however a trustee may be an acceptable alternative if a plan can
be developed by the cities and the League to be presented to the
Governor and implemented by the trustee. Councilmember Forsythe
noted with interest the appointment by the Clinton
administration of former Supervisor Harriet Wieder to a
committee to look at reducing expenditures at the federal level.
Mayor Hastings read a letter commending Seal Beach Lifeguards
Cushman, Ramalho, and Lees for their cooperative efforts with
State lifeguards in the recent rescue of a grounded cabin
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cruiser and its occupants: The Mayor announced as well the
Coastal Commission approval of the police substation at their
August 9th meeting. The Manager anticipated that building
permits could be issued to commence construction of the
substation within ten to fourteen days or upon receipt of a
confirmation letter from the Commission. Councilman Brown asked
that Officer Castagna be recognized for his efforts to retrieve
the fire engine that disappeared some months back at the hands
of a private person.
ORAL COMMUNICATIONS
Mayor Hastings declared Oral Communications open. Ms. Sue
Corbin, Seal Beach, passed on a citizen complaint with regard to
building inspectors taking their city vehicles home as they are
not emergency personnel, and asked for verification that five or
six vehicles are taken home. Ms. Corbin expressed concern with
Main Street Specific Plan in that it was her understanding that
it was to address street benches, lighting, etc. yet it now
makes reference to a BIA which she likened to redevelopment, and
stated such reference should be deleted. She asked that the
actual wording of the Brown Act be used as opposed to the
Attorney's interpretation and spoke favorably of the wording of
the preamble to the Brown Act which she requested be read aloud.
She agreed with Councilman Doane that the federal
representatives should not become involved in the Doris Allen
matter. Ms. Corbin suggested that public hearings be better
publicized, that less items be placed on the Consent Calendar to
allow for more public debate, said some people refer to this
Council as a rubber stamp Council, and asked that the noise
regulations be enforced in Old Town. Ms. Corbin was advised
that the meetings are open to the public, the agenda is
distributed to several public places for.review, questions can
be posed to staff prior to the meetings, and the members of the
Council review the agenda in depth. Mr. Michael Thomas, 7th
Street, stated that he and his wife are new residents, they love
the community, and anything the Council does to contribute to
what exists is just fine. There being no further comments, the
Mayor declared Oral communications closed.
The City Attorney advised of the need to schedule a convenient
date and time to conduct a hearing on an appeal of a business
license revocation. After discussion of acceptable days, the
Council suggested August 29th or 31st and that the meeting
convene at 5:30 or 6:00 p.m. The City Attorney stated he would
confirm an acceptable date and time with the attorney for the
appellant.
ADJOURNMENT
It was the order of the Chair, with consent of the Council, to
adjourn the meeting until August 28th at 6:30 p.m. to meet in
Closed Session if deemed necessary. By unanimous consent, the
meeting adjourned at 7:59 p.m.
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Approved:
the
Attest: