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HomeMy WebLinkAboutCC Min 1992-04-13 4-7-92/4-13-92 WAIVER OF FULL READING Doane moved, second by Forsythe, 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, Laszlo None Hastings, Wilson-Sharp I Motion carried RESOLUTION NUMBER 4134 - DECLARING RESULTS - PRIMARY MUNICIPAL ELECTION - MARCH 31st. 1992 Resolution Number 4134 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RECITING THE FACTS OF THE PRIMARY MUNICIPAL ELECTION HELD IN THE CITY OF SEAL BEACH ON THE 31st DAY OF MARCH, 1992, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW." By unanimous consent, full reading of Resolution Number 4134 was waived. Doane moved, second by Forsythe, to adopt Resolution Number 4134 as presented. AYES: NOES: ABSENT: Doane, Forsythe, Laszlo None Hastings, Wilson-Sharp Motion carried ORAL COMMUNICATIONS There were no Oral Communications. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, April 13th at 6:00 p.m. to meet in Closed Session. I The meeting was adjourned by unanimous consent at 7:05 p.m. Approved: -~Z~..~~~~ Mayor Attest: Seal Beach, California April 13, 1992 I The City Council of the City of Seal Beach met in regular adjourned session at 6:03 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Doane, Forsythe, Hastings, Wilson-Sharp I I I 4-13-92 Absent: None Also present: Mr. Bankston, City Manager Mr. Colantuono, Assistant City Attorney Mrs. Yeo, city Clerk CLOSED SESSION The Assistant City Attorney announced that the city council would meet in Closed Session pursuant to provisions of the Government Code to discuss personnel matters and a real estate matter relating to the leasehold interest in the Old City Hall Building, California Historic Properties '80. It was the consensus of the Council to adjourn to Closed Session at 6:04 p.m. The Council reconvened at 7:01 p.m. with Mayor Laszlo calling the meeting to order. The Assistant City Attorney reported the Council had discussed the subject matters previously announced, an evaluation of certain personnel and negotiations with respect to the Old city Hall building, and gave direction to staff. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:02 p.m. o Clerk and ex-off~c~o clerk of the of Seal Beach Approved: - 3SA-'~~r/t- Mayor , Attest: Seal Beach, California April 13, 1992 /' // .J The City Council of the City of Seal Beach met in regular session at 7:03 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. He also requested a moment of silence in memory of former Councilman Joe Hunt and his neighbor, Mr. James Buraglia. ,.. Councilmember Wilson announced that a memorial service would be held for Mr. Hunt on April 24th, 2:00 p.m., in Leisure World Clubhouse Four. ROLL CALL Present: Mayor Laszlo Councilmembers Doane, Forsythe, Hastings, wilson-sharp Absent: None Also present: Mr. Bankston, City Manager Mr. Colantuono, Assistant City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, city Clerk 4-13-92 WAIVER OF FULL READING Wilson-Sharp moved, second by Hastings, 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: Doane, Forsythe, Hastings, Laszlo, Wilson-Sharp None Motion carried I NOES: PROCLAMATIONS Mayor Laszlo proclaimed the month of April, 1992 as "Community Services Month." ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Mr. Roger West, 1201-A Electric Avenue, presented a complaint regarding the increased frequency of commercial airline traffic over Seal Beach. He made a comparison of the potential for reduced living standards and property values to that of a now non-existent area of Los Angeles known as Vista Del Mar as a result of air traffic. Mr. West asked that the City Manager be directed to present to the Council by May 31st: 1) a map of the legal takeoff and landing pattern for Long Beach Airport, when it was established and by whom; 2) under what circumstances aircraft are allowed to deviate from the landing and takeoff patterns, who records such deviations and enforces the regulations as to deviations; 3) what governmental body or bodies establish the landing patterns and the process that they must use in order to do this; 4) what governmental body or bodies have the capacity to alter the I patterns either temporarily or permanently and the process to do so; and 5) what can the Council and the citizens do to protect from this peril. Councilmember Forsythe recalled a previously adopted Resolution relating to this issue directed to Alaskan Airlines and at that time the airport suggested that complaints be directed to the flight tower. She asked that the matter of air flights be placed on an upcoming agenda. Mr. Sol John offered a Happy Easter to all, announced his upcoming sixty- seventh birthday, and said everyone should help the community of Seal Beach by keeping it clean and make it a better place to live. APPOINTMENT - BOARDS and COMMISSIONS Beach Commission Councilmember Wilson-Sharp asked that the District Two appointment to fill the vacancy on the Beach Commission be held over. CONSENT CALENDAR - ITEMS "c" throuah "I" Mayor Laszlo requested that Item "I" be removed from the Consent Calendar. It was noted that Councilmembers Hastings and Wilson- Sharp would abstain from voting on the April 7, 1992 minutes as they were not present at that meeting. Wilson-Sharp moved, I second by Forsythe, to approve the recommended action for items on the Consent Calendar, except Item "I" and with the noted abstention of Item "0", as presented. C. Approved regular demands numbered 87376 through 87559 in the amount of $382,417.19 and payroll demands numbered 49528 through 49691 in the amount of $188,122.24 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. I I I 4-13-92 D. Approved the minutes of the March 23, 1992 regular meeting and the April 7, 1992 regular adjourned meeting. E. Denied the claims for damages of Alfred Mendoza and of the heirs of Antonia Mendoza, namely Beatriz, Alfred, Alicia and Frank Mendoza, and that said claims be referred to the City's liability attorney and claims adjuster. F. Denied the claim of National General Insurance Company on behalf of Leith and Shane Tecklenburg and referred same to the city's liability attorney and claims adjuster. G. Ratified the 1992/93 proposed West Orange County Water Board budget as presented. H. Adopted Resolution Number 4135 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING PARCEL MAP 89-162." (Watson) AYES: Doane, Forsythe, Hastings, Laszlo, Wilson-Sharp None Motion carried NOES: ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I" - GROWTH MANAGEMENT ELEMENT - ISSUE PAPER and TECHNICAL REPORT The Development Services Director explained this item is the first of the Issue Papers previously mentioned with regard to updating the city's General Plan, in this case a Growth Management Element is required to be adopted by cities in order to qualify to receive funds under the voter approved Measure M. He noted that the Issue Paper outlines the purpose for a Growth Management Element, the impacted agencies, and some of the major issues that will need to be looked at as part of the Element, the Technical Report detailing the requirements of State Propositions 111 and 108, Measure M, existing provisions of the current Growth Management Element of the county General Plan, etc. He reported the Element itself is currently being prepared as is the required environmental documents, and described the notice, review, hearing, and adoption process of the Element. At the request of Councilmember Forsythe, the Director mentioned the Growth Management Issues in Seal Beach that are felt to be of primary importance, as described on pages sixteen and seventeen of the Technical Report, infill development, redevelopment/recycling, regional growth and growth management plans, job/housing balance, fiscal impacts, open space preservation, and quality of life. Mayor Laszlo confirmed that the need to adopt this and other General Plan Elements are the result of the County Measure M and State Propositions in order for Seal Beach to receive its share of transportation improvement funds, noted that employers having one hundred or more employees are required to provide a vehicle trip reduction plan, which would likewise affect the City and could result in the closure of city Hall on certain days each month, and pointed out that Seal Beach is out-of-balance with the SCAG housing/jobs available formula. In response to Mayor Laszlo's contention that the Bixby property is not vacant land as referenced in the Technical Report, the Director explained that the land referred to is a portion of the property that had been leased by the Armed Forces Reserve Center, approximately eighty 4-13-92 acres, and subsequently turned back to Bixby. with regard to recycling of Old Town properties, he explained that is a reference to the tearing down of 1940/1950 era homes and the construction of larger units, which is what is presently taking place, the Report indicating that there are certain pressures within the community that will take place irregardless of growth management, yet makes reference to concerns that have been indicated by the community to issues such as density, etc. Mayor Laszlo indicated his desire to have a traffic level of service "D" throughout the community. Hastings moved, second by Forsythe, to receive and file the report. AYES: Doane, Forsythe, Hastings, Laszlo, Wilson-Sharp None Motion carried NUMBER 1i4~- ALCOHOLIC BEVERAGES - CITY-OWNED PUBLIC NOES: ORDINANCE PLACES The city Manager presented the staff report relating to the consumption of alcoholic beverages in city-owned public places, regulations set forth in two proposed ordinances for consideration, the first ordinance having been introduced and received first reading would remove the authority for issuance of a special event permit for an activity which includes the sale or distribution of alcohol on public property for commercial profit- making or promotional purposes, the second ordinance would add further restriction by removing the authorization for alcohol sale or distribution for consumption for any, otherwise allowed, special event when attendance at the event is anticipated to exceed one thousand people at any time during the event. The City Manager explained that the proposed Ordinance(s) amends Chapter 15 of the Code with regard to possession or consumption of alcoholic beverages, not the regulation of special events, in conjunction with the Ordinance(s) a Council policy is proposed for Council action which establishes certain conditions, at a minimum, and procedures for the issuance of any special event permit. He also noted that an ordinance setting forth regulations for special events has been drafted, whether they be for profit or non-profit, to be forwarded to the city Attorney for review, additionally it is felt there is a need to address special events on private property as well. He offered that if the preference of the Council is the second ordinance, it is recommended that Section 1(c)(2) be amended to read "Any event or activity which the City Manager reasonably anticipates will have an attendance of over one thousand people at anyone time during the event or activity." Forsythe moved, second by Wilson-Sharp, to approve second reading and the adoption of Ordinance Number 1'49 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 15, SECTION 15.1 OF THE CODE OF THE CITY OF SEAL BEACH WITH RESPECT TO THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN CITY-OWNED PUBLIC PLACES." Full reading of Ordinance Number 1149 was waived. Council discussion followed with regard to the one thousand person restriction. Comments included that such provision would be unenforceable, questioned how attendance could be projected, whether beachgoers and children would be included in a count, who would conduct the count, that the sale and distribution distinction of profit versus non-profit should be an adequate guideline, and that there should be no further restriction of fund raising efforts of local non-profit organizations. In turn there was an preference indicated to impose the one thousand person limit in conjunction with special event guidelines, specifically for large events such as the Sand Castle Contest, and that Old Town specifically wants more control and less impact as a result of persons having too much to drink. It was noted that the Policies and ABC regulations allow no more I I I I I I 4-13-92 than two hundred fifty persons, therefore the one thousand person limit would not be applicable, noted also that the community centers have a capacity limitation. Councilman Doane said he had monitored the Sand Castle Event last year to determine if concerns that have been expressed existed, they did not, that the beer garden was fenced, access was limited, consumption was limited to two beers, that controlled by a stamp placed on the attendee's hand, the event was within ABC regulations, attendance was not near one thousand persons at anyone time, and the majority of the downtown business community were in favor of the Event as it brought people and monies to the City. He said he felt the one thousand person limit was unnecessary. Councilmember Hastings reported the City had received an unfavorable letter from the Red Cross with regard to the sale of beer on the bluff in conjunction with the Event. Councilmember Forsythe read the conditions that had been placed on the Business Association for their beer garden in conjunction with the last Sand Castle Event. Councilmember Hastings cited the potential for liability with the consumption of beer. Vote on the motion to adopt Ordinance Number 1'49: AYES: NOES: Doane, Forsythe, Wilson-Sharp Hastings, Laszlo Motion carried COUNCIL POLICY - SPECIAL EVENTS - PUBLIC PROPERTY The city Manager again mentioned that an ordinance will be forthcoming for Council consideration establishing guidelines for special events, addressing in part such things as zoning regulations for activities such as circuses and carnivals, restrictions on the use of public property, etc., where the Policy is basically for information of anyone interested in conducting a special eve~t, also setting forth certain criteria for denial of an event. The guidelines to also define a special event, set forth examples, address insurance, cleaning deposits, ancillary uses, plans for booth locations, security, a traffic plan in the event of a request for street closure, etc. The Manager noted that some flexibility is necessary as each event presents a different situation. He requested Council input as to additional regulations that may be desired. Councilmember Hastings mentioned that the three main cross-town streets were blocked off during the recent car show, and suggested that Ocean Avenue should remain open for that purpose. She suggested that the guidelines address parking at the Rockwell site, including their requirement for a security officer, a means of transportation from Rockwell to the Event, and a requirement for additional public restrooms at the special events. With regard to insurance requirements for small events such as functions held in the Senior Center that involve the serving of champagne as an example, the city Manager explained that small events would be dealt with under somewhat different requirements, and noted that the city does have special event insurance where the premium may be as low as $75. Councilman Doane moved to approve the Special Events Policy as presented, including the suggestions of Councilmember Hastings. Councilmember Hastings seconded the motion. AYES: Doane, Forsythe, Hastings, Laszlo, Wilson-Sharp None Motion carried NOES: COUNCIL CONCERNS councilmember Wilson-Sharp again mentioned the memorial service for former Councilman Joe Hunt on April 24th, 2:00 p.m. at Leisure World Clubhouse Four. Councilmember Forsythe noted her concern also with the increased air traffic to and from Long Beach Airport, mentioned receiving a number of calls inquiring as 4-13-92 to when public hearings will commence with regard to a recycling program, and inquired as to when a new Hellman Specific Plan Committee could be established, the intent being to dissolve the prior Committee and allow the new Committee adequate time to design an appropriate Plan for that property. The city Manager offered that pUblic hearings could be scheduled to receive pu~lic input with regard to using a Materials Recovery Facility or a curbside recycling program prior to the staff completing an analysis of costs, etc. or the matter could be scheduled for a meeting within approximately three to four weeks. with regard to a Specific Plan Committee, he said it would be the recommendation of staff that a consultant be retained to work in conjunction with the Committee to address the environmental, infrastructure, financing issues, etc. that there has been consideration of including funds for those services in the upcoming budget proposal, and agreed that formation of the Committee could be placed on an upcoming agenda. Councilman Doane expressed his desire that a representative of Hellman be included on such Committee, to which the City Manager noted that State law requires that the property owners interest should be represented through notices, as a member, or adjunct to the Committee. Councilmember Hastings reported that a recent meeting was held with Congressman Rohrabacher, attended by the Mayor, the City Manager, resident, Mr. Kredell, representatives from the Corps of Engineers and herself to gather information relating to the beach erosion problem, and said there will hopefully be monies made available for an evaluation of the local beach. Mayor Laszlo indicated he too felt the meeting had been worthwhile. He noted his recent re-election as a member of the Council and expressed appreciation to the residents of his District, College Park-East. Mayor Laszlo read the following for the record: "I have a statement I would like to read for the record concerning this past election for City Council District IV this past March 31, 1992. For the most part the election ran smoothly and there were no inappropriate actions. However there was one point that was distressing and I would like to bring it up. This really has nothing to do with my opponent in the recent election. The big problem dealt with another councilman from Cypress. And I bring this up because of the improper and immoral action of Councilman Walter Bauman. He interfered in my election. He wrote letters favoring my opponent, he personally asked residents of Seal Beach to support my opponents and he also got another councilman from another city to write letters favoring my opponent. I think Walter Bauman a councilman from the City of Cypress interfering in our local Seal Beach elections for councilman is most unethical and improper. I consider Walter Bauman unworthy as a councilman and dishonorable. As a councilman he willfully interfered in our local council elections. In the past I have worked with him and have never worked against him or did anything unfriendly. One has to wonder what his motives were. Was he seeking to help developers getting control in Seal Beach? Was he seeking more profit for his business? How much more money was he going to get? Again for the record. My opinion of councilman Walter Bauman is that he is highly unethical and unprincipled." ORAL COMMUNICATIONS There were no Oral communications. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 8:15 p.m. I I I I I I ~ ,'lI Po ~ ': . .. . 4-13-92/4-27-92 lerk and ex-o of Seal Beach Approved: ~;h/.~L ~41 Mayor Attest: Seal Beach, California April 27, 1992 The City council of the city of Seal Beach met in regular session at 7:02 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Doane, Forsythe, Hastings Absent: Councilmember Wilson-Sharp Forsythe moved, second by Hastings, to excuse the absence of Councilmember Wilson-Sharp from this meeting. AYES: NOES: ABSENT: Doane, Forsythe, Hastings, Laszlo None Wilson-Sharp Motion carried Also present: Mr. Bankston, City Manager Mr. Barrow, Assistant City Attorney Mr. Whittenberg, Director of Development Services 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 ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Ms. Sue Corbin, Seal Beach, inquired why Zoeter Park is locked during regular play hours. She said when the property was purchased it was her understanding that it was meant to be used by children rather than over-aged baseball players, claimed that the Recreation Department allows children the use of a key to unlock the Park, and asked if it can be locked legally. A forthcoming response to her questions was offered. Ms. Corbin also said there is concern that the woman feeding the cats at the jetty is being harassed, concern also with the well being of the animals, this a problem