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HomeMy WebLinkAboutCC Min 1992-03-09 I I I 2-24-92/3-9-92 result of the cleanup becoming the responsibility of Seal Beach. The City Manager noted that with the emergency declaration for Orange County, Seal Beach has identified all staff costs and a separate account for cleanup expenditures has been established and the City will be seeking reimbursement, also the federal government may want to consider liability of upstream contributors to such costs._ Mayor Laszlo made reference to a communication to pet owners regarding license renewals and attachment thereto, and requested clarification of the appropriate fees for animal licenses. The city Manager explained that the original letter had been delayed pending consideration of animal license fees by the Council, that the current cost of a license for an unaltered dog is $20, $10 for altered, $10 for an unaltered cat, $7.50 for altered. Mayor Laszlo also mentioned a one-hour parking citation having a fine of $34, requested a report and possibly lowering of that fine. The city Manager noted that the City has not increased the fine, rather the State added $4 that is intended for the court system, and the City is required to pay that amount irregardless of the local parking fine, therefore to lower the fine would impact City revenues. ORAL COMMUNICATIONS There were no Oral communications. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order to adjourn until Closed Session. at 8:53 p.m. of the Chair, with consent of the Council, Monday, March 9th at 6:00 p.m. to meet in The meeting adjourned by unanimous consent Approved: rk and ex-off1C10 Seal Beach Attest: Seal Beach, California March 9, 1992 The regular adjourned City Council meeting scheduled for this date was cancelled and the Closed session was 3-9-92 Seal Beach, California March 9, 1992 The City council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Laszlo calling the meeting" to order with the Salute to the Flag. I ROLL CALL Present: Mayor Laszlo Councilmembers Doane, Forsythe, Hastings Absent: Councilmember Wilson-Sharp Councilmember Wilson-Sharp arrived at the meeting at 7:04 p.m. Also present: Mr. Bankston, City Manager Mr. Barrow, Assistant city Attorney Mrs. Yeo, city Clerk WAIVER OF FULL READING Hastings moved, second by Doane, to waive the 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 after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: ABSENT: Doane, Forsythe, Hastings, Laszlo None Wilson-Sharp Motion carried I ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Mr. Tom Juo, Long Beach, reported receiving a one-hour parking citation and complained about the amount of bail. Mayor Laszlo said he too feels the fine is too high. The City Manager reported a survey of fines of Orange and Los Angeles County cities is about half completed, the median appearing to be $27, some cities at $30, however most have indicated they have not as yet modified their bail to reflect the additional $4 imposed by the State. Mr. Juo asked that lower fines be considered for seniors and students. Councilmember Wilson-Sharp arrived at 7:04 p.m. Ms. Annelle Aviani, President of the Friends of the Animal Care Center, invited the Council to attend a telethon to be held March 11th at 7:00 p.m. to benefit the Animal Care Center, to be shown on Channel Three. She reported that there are about five hundred members of the Friends of the Care Center, and that approximately one hundred fifty volunteers contributed thirteen thousand hours of volunteer time to the Shelter last year. Mr. James Clow, Chairman of the Cable Foundation inquired if the Foundation is subject' to the Brown Act. The Mayor advised that that question could be addressed under the related agenda item. There being no other comments, Mayor Laszlo declared Oral Communications closed. I I I I 3-9-92 CONSENT CALENDAR - ITEMS "B thru L" Councilmember Wilson-Sharp requested that Items "B" and "H" be removed from the Consent Calendar. The city Manager noted a correction to Item "J", the Animal Care Center request, to reflect an isolation area as well as the construction of six additional animal runs. Mayor Laszlo asked that Item "J" be removed from the Consent Calendar. Doane moved, second by Hastings, to approve the recommended action for items on the Consent Calendar, except Items "B, J, and L", as presented. A. Approved regular demands numbered 87055 through 87197 in the amount of $364,354.28 and payroll demands numbered 49193 through 49356 in the amount of $195,117.54 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. C. Denied the claim for damages of Juliet Ebner ,and referred same to the City'S liability attorney and adjuster. D. Denied the claim for damages of Pamela Sher and referred same to the City'S liability attorney and adjuster. E. Authorized the City Manager to execute and submit the application for SB 821 Bicycle and Pedestrian Facility Program funds for fiscal year 1992/93 in the amount of $6,297. Bids were received until 2:00 p.m., January 13, 1992 for Project Number 627, Soil and Groundwater Contamination Testing at the city Yard, at which time they were publicly opened by the City Clerk as follows: F. sierra Engineering Tank Protect Engineering MJA Consulting B&V Waste Science and Technology Corp. Converse Environmental West Kleinfelder $13,961 14,920 17,210 23,000 23,954 28,600 Awarded the contract to Sierra Engineering in the amount of $13,961 and authorized the city Manager to execute the contract on behalf of the City. Adopted Resolution Number 4130 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING FINAL PARCEL MAP NO. 91-175" (Luraschi), authorized the City Clerk and City Engineer to sign the Final Map, and authorized the Mayor to execute the Subdivision Agreement, Monument Agreement and project bonds on behalf of the City. 1. Adopted Resolution Number 4131 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING PUBLIC FUNDS FOR GRAFFITI REMOVAL." G. 3-9-92 K. Adopted Resolution Number 4132 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING AUTHORIZATION TO SIGN DEMANDS AND CHECKS FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE BANK OF AMERICA, SECURITY PACIFIC NATIONAL BANK AND FIRST INTERSTATE BANK; AND AUTHORIZING ALTERNATIVE SIGNATURES AND RESCINDING RESOLUTION ,NO. 4068." L. Accepted the resignation of Mr. Thomas Sanders, District Five representative to the Beach Commission. AYES: Doane, Forsythe, Hastings, Laszlo, Wilson-Sharp None Motion carried NOES: ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM liB" - MINUTES Councilmember Wilson-Sharp indicated her abstention from voting on this item as she was absent from the subject meetings. Doane moved, second by Hastings, to approve the minutes of the regular adjourned meeting of February 19th, the regular adjourned meeting of February 24th, and the regular meeting of February 24th, 1992. AYES: NOES: ABSTAIN: Doane, Forsythe, Hastings, Laszlo None Wilson-Sharp Motion carried REOUEST - CABLE COMMUNICATIONS FOUNDATION Mr. Joe Palmer, District Four representative to the Cable Communications Foundation, stated the Foundation has requested city Attorney review of a pending contract with Coastline Community College for an education program that is felt may be advantageous to the City, and indicated that the Foundation has funds for such review if there would in fact be a charge. Councilmember Hastings said she would like to know the extent of review that would be involved, and indicated her preference that the Foundation retain their own attorney which would eliminate any possible conflict of interest between the City and Foundation. The Assistant city Attorney offered that a review of the contract could be made provided there is no conflict, however suggested that the By-Laws, etc. of the Foundation first be reviewed. Councilmember Wilson-Sharp moved to refer the matter to the City Manager to determine if there would be a conflict and the cost involved for review of the contract. The City Manager indicated that it was the intent that this matter be resolved prior to the next Council meeting, suggested that the contract be submitted to the City Manager, it could in turn be reviewed with the City Attorney as to any potential conflict, determine the cost involved for legal review, inform the Foundation of the estimated cost, the Foundation could in turn entertain a contract with the Attorney for that amount and subsequently could request a waiver of cost or assistance from the City, and the issue of the Brown Act could be addressed at the same time. Councilmember Wilson- Sharp amended her motion to include the suggestions of the City Manager, and Councilman Doane seconded the motion. Mr. Charles Antos, 328 - 17th Street, noted his attendance at a meeting some months past with members of the Council and the Foundation to discuss certain concerns that had been brought forth, which he said he was not sure have been resolved. He noted that the documents providing for the existence of the I I I I I I ,'I' .'- 3-9-92 Foundation pose some unanswered questions, offered that since the Council has appointment authority to the Foundation it must likewise assume other responsibilities and support. Mr. Antos mentioned a recent problem arising as a result of the Foundation failing to file certain tax forms, suggested that the City should assume some level of support, and that an audit or financial statement for the Foundation should be required rather than place that burden on its members. The city Manager noted that the Foundation is chartered under its own by-laws, functions as a separate body, offered that it would not be uncommon for the Foundation to contract with the City for certain services, however recommended that caution must be used so that a conflict is not created. AYES: Doane, Forsythe, Hastings, Laszlo, Wilson-Sharp None Motion carried NOES: ITEM "JII - ANIMAL SHELTER EXPANSION Doane moved, second by Hastings, to allow the expansion of the existing Shelter on City property, construction of six additional runs and an isolation area, and authorize staff support and assistance in the coordination of construction. AYES: Doane, Forsythe, Hastings, Laszlo, Wilson-Sharp NOES: None Motion carried 9'1 ORDINANCE NUMBER 1151 - FOOD HANDLING BUSINESSES Ordinance Number 1151 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, REVISING REGULATIONS PERTAINING TO FOOD HANDLING BUSINESSES AND HEALTH SERVICES FEES." By unanimous consent, full reading of Ordinance Number 1151 was waived. The City Manager noted that the City contracts with county Health Services for enforcement of State and city regulations pertaining to food handling, the Ordinance proposed is consistent with the regulations adopted by the county, the County recommending adopting by the contracting agencies, and such action will also bring the City into compliance with State law. Wilson moved, second by Hastings, to approve the introduction of Ordinance Number 1151 and that it be passed to second reading. AYES: Doane, Forsythe, Hastings, Laszlo, Wilson-Sharp None Motion carried NOES: UPDATE - MOFFATT & NICHOL STUDY The City Manager stated that upon Council direction staff has begun to circulate the Moffatt & Nichol report, that meetings have been held, with others upcoming, with the city's Federal_and State representatives and various agencies, including the corps of Engineers, the Corps also scheduled to meet with the Council committee and to appear before the Beach Commission at their next meeting. He advised that during each of the contacts it was felt that it would be advantageous to the City'S position if the prior studies were updated to take into account the erosion that has occurred since the time those studies were prepared, as well as address any new technologies that may be available for consideration in the short term, and to revise the cost estimates. The city Manager noted the proposal is to contract with Moffatt and Nichol for the update at a cost not to exceed $8,500, that amount included in the adopted revised budget. He explained that plans and specifications for repair of the groin are being developed separately, that the task of Moffatt & Nichol will be to reevaluate the erosion since their last report, a revision of the cost estimates for the groin extension and sand 3-9-92 replenishment, provide funding sources that may be appropriate to assist those projects, an evaluation of a report relating to different types of sand, the viability and feasibility of some type of reef and the possibility of a wave runup wall in lieu of sand replenishment. Hastings moved, second by Doane, to authorize execution of an agreement with Moffatt & Nichol, I Engineers, for the scope of work outlined in an amount not to exceed $8500, and that the Beach Commission be requested to coordinate the study and prepare a recommendation for City council consideration upon completion of the study. NOES: Doane, Forsythe, Hastings, Laszlo, Wilson-Sharp None Motion Carried AYES: COUNCIL CONCERNS councilman Doane mentioned the backlog of work that was the result of the June 1991 election process, and acknowledged the efforts of the city Clerk in bringing the City council minutes current as of this date. Councilmember wilson-Sharp noted the request of Mr. George Brown, District TWo councilman-elect, to resign from the Beach commission, and asked that the resignation be placed on the next agenda. Councilmember Forsythe mentioned the newspaper report of the possibility of not having an Easter Parade this year, noted a monetary pledge of the Business Association if the Lionesses undertake the Parade, however reported there is hesitation by that organization to solely assume the task. She noted the need for assistance from other community organizations and invited any interested group to contact her. The City Manager confirmed that the Lions Club nave offered a donation of funds to the city specifically for the ' purpose of removal of graffiti from private property by City crews, and that Council approval of Resolution number 4131 on the Consent Calendar will allow City personnel to do so with II, permission of the property owner. At the request of Councilmember Forsythe, the Assistant city Attorney reported on February 27th the California Supreme Court denied the request of the Mola corporation and Wetlands Restoration society to hear their case, thus that case is concluded, the Housing Element upheld and deemed valid, and the prior Mola plan rejected, and based upon certain representations made in Orange County Superior Court it appears Mola is no longer seeking their project, just damages. With regard to the pending application for the three hundred twenty-nine unit project, he noted Mola Development has not submitted the required deposit for the environmental studies, therefore nothing has been done by the City on that application, and although the three members of the Council remain in the pending case, there has been recent discussion of removing them. ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Mr. Bruce Stark, Seal Beach, complained about the February 19th joint session with the Planning Commission not having been cablecast, particularly since the issue was of primary interest to Old Town, and questioned if the vote to not cablecast constituted a violation of the Brown Act. He objected also to the lowering of Quimby Act I fees, claiming that to be of benefit to developers, and said there would be no need to lower speed limits on streets if there was a park for children to play in, and that t~e Quimby Act action should be rescinded. Councilmember Forsythe advised that no vote had been taken to not cablecast the February 19th meeting, that it was meant to be a workshop session to allow public input prior to being considered under public hearing at the Planning Commission level, stated that if cablecasting were felt to be so important those present at the session could have requested that it be, also that the reduction of speed limits was the result of the proximity of those streets to the school and 'I I I ~ . , 3-9-92/3-23-92 had nothing to do with parks. Councilmember Hastings clarified that her statement with regard to the cablecasting had been that it was a Council action, that she had not been consulted, and she had felt it should have been televised. Mr. Stark questioned how there could be a Council action without having three persons take the action. Mr. Charles Antos, 17th Street, said since the court action on the Housing Element and Mola plan are concluded, the revisions to the Housing Element prepared by the Committee should now be brought forward to the Planning Commission for action. He also asked if the status of non-profit organizations that the city is about to have dealings with have been verified with the State. Ms. Reva Olson, Seal Beach, asked if the Redevelopment Agency meetings could also be cablecast. Mayor Laszlo indicated the request could be presented to the Cable Foundation. There being no further comments, Mayor Laszlo declared Oral Communications closed. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, March 23rd at 6:00 p.m. By unanimous consent, the meeting was adjourned at 7:50 p.m. (;); y lerk and ex-off1C1 of Seal Beach of the Approved: - -/;/~J -/:";L Mayor - Attest: Seal Beach, California March 23, 1992 The regular adjourned City Council session scheduled for 6:00 p.m. s can~lled due to the lack of necessity to hold a Closed Sessio . (.# ~ . Jo n M. Ye , c1ey e k Ci of Seal Beach Seal Beach, California March 23, 1992 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag.