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HomeMy WebLinkAboutCC Min 1995-08-14 8-9-95 I 8-14-95 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. (-- [/); of the y Clerk and ex-off1C~O ty of Seal Beach Approved: I 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. I AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS There were no Oral Communications. 'I I I 8-14-95 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 8-14-95 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 I 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 I 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. I 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. I H. I. 8-14-95 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. I L. I 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. 8-14-95 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. I 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. . 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. I 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. I X. Denied the claim for damages of William T. McKeough and referred same to the City'S liability attorney and adjuster for information purposes. I I I 8-14-95 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 8-14-95 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 I I I I I I 8-14-95 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. ,/\ , Approved: the Attest: