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HomeMy WebLinkAboutCC Min 1992-07-27 7-13-92/7-27-92 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, July 27th at 6:00 p.m. to meet in Closed session. The meeting was adjourned by unanimous I consent at 7:36 p.m. lerk and ex-of of Seal Beach Approved: 4..- /~~r~'" May Attest: Seal Beach, California July 27, 1992 The regular adjourned city Council meeting scheduled for 6:00 o'clock p.m. was cancelled due to the lack of Closed Session matters for discussion. 1992. Seal Beach, california July 27, 1992 The City Council of the City of Seal Beach met in regular session at 7:01 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL ~AT.T. Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Bankston, city Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, city Clerk I I E I I I 7-27-92 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: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Hugh Cherry, 609 Ocean Avenue, suggested that four-way stops be installed at Central Avenue intersections between 5th and 12th Streets, a means of protecting bicyclists as well as skaters from speeding vehicles. He also mentioned the difficulty of a bicyclist to observe oncoming traffic when recreational vehicles are parked close to intersections, to which he suggested that red curb markings be a uniform length. Mr. Mario Voce, 730 Catalina Avenue, announced that he would be coordinating a reception at Eisenhower Park for the Peace and Dignity Journey runners on August 8th as they pass through Seal Beach, invited others to join the runners and activities near the pier at 9:00 a.m. Mr. Voce mentioned the August 18th meeting of the Environmental Quality Control Board at which the intent is to move forward with the 1985 staff research to formulate a City tree policy, and invited interested public to attend. Sol John, 12th Street, spoke for more stop signs, traffic signals, and police personnel, suggested a bike trail from 1st Street to the Pier, and reported his observance of an increased number of homeless persons coming to Seal Beach. There being no further comments, Mayor Forsythe declared Oral Communications closed. PROCLAMATION Mayor Forsythe proclaimed August 8, 1992 as "Peace and Dignity Journeys 1992 Day" in Seal Beach. " APPOINTMENTS - BOARDS and COMMISSIONS Beach Commission Mayor Forsythe reappointed Dr. Gordon Labedz as the District Three representative to the Beach Commission for the three year term expiring July, 1995. Citizens particination Committee Councilmember Hastings reappointed Ms. Seretta Fielding as the District One representative to the Citizens Participation Committee; Councilman Brown reappointed Ms. Jean Kluga; Mayor Forsythe reappointed Ms. Jane McCloud; and Councilman Laszlo reappointed Ms. Eulalee Siler, each for the four year term expiring July, 1996. civil Service Board Mayor Forsythe requested that the District Three appointment to the civil Service Board be held over. Councilman Laszlo reappointed Mr. Sam D'Amico as the District Four representative to the Civil Service Board for the six year term expiring July, 1998. Environmental Oualitv Control Board Councilman Laszlo reappointed Mr. David Hood as the District Four representative to the Environmental Quality Control Board for the four year term expiring July, 1996. 7-27-92 Parks and Recreation Commission Councilman Laszlo appointed Ms. Dorothy Whyte as the District Four representative to the Parks and Recreation Commission for the three year term expiring July, 1995. Plannina Commission Councilman Laszlo reappointed Mr. Phillip Fife as the District I Four representative to the Planning Commission for the four year term expiring July, 1996. proiect Area Committee Mayor Forsythe reappointed Ms. Carla Watson as the District Three resident representative for the two year term expiring July, 1994, and requested that the District Three business representative appointment be held over. Mayor Forsythe noted the requested reappointment of Mr. Gordon Shanks to the Project Area Committee as the representative of the San Gabriel Pacific Park Society, Ms. Laura Alioto as the representative of the Seal Beach Historical Society, and Ms. Joyce Risner as the representative of the Friends of the Mary Wilson Library, each for a two year term expiring July, 1994. Seal Beach Administration Buildina Authoritv Councilman Brown reappointed Mr. Jack Hale as the District Two representative to the Seal Beach Administration Building Authority for the four year term expiring July, 1996; Mayor Forsythe requested that the District Three appointment be held over; and Councilman Doane appointed Mr. Alfred Gray as the District Five representative for the four year term expiring July, 1996. I Seal Beach Cable Communications Foundation Councilmember Hastings reappointed Mr. Laird Mueller as the District One representative to the Seal Beach Cable Communications Foundation; Councilman Brown reappointed Mr. James Clow; Mayor Forsythe reappointed Ms. Betty Dahlin; Councilman Laszlo reappointed Mr. Joseph Palmer; and Councilman Doane reappointed Mr. Harold Robertson, each for a two year term expiring July, 1994. Doane moved, second by Hastings, to confirm the appointment of all persons appointed or reappointed to the various city boards and commissions. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried DECLARING VACANCIES - LOCAL COASTAL PLAN COMMITTEE and SEAL BEACH ADMINISTRATION BUILDING AUTHORITY Noting the upcoming residence relocation of the current representative, Councilman Laszlo moved to declare the District Four positions on the Local Coastal Plan Committee and the Seal Beach Administration Building Authority to be vacant. He noted his intent to appoint Ms. Patty Campbell to the Local Coastal Plan Committee. Councilman Doane seconded the motion. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I CONSENT CALENDAR - ITEMS "D" throuah "M" Councilman Laszlo requested that Item "G" be removed from the Consent Calendar. Hastings moved, second by Doane, to approve the recommended action for items on the Consent Calendar, except Item "G", as presented. r::. D. Approved regular demands numbered 88555 through 88698 in the aMount of $1,172,099.89 and payroll demands numbered 50933 through 51133 in the amount of $223,024.02 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. I Approved the minutes of the July 13, 1992 regular meeting. F. Approved second reading and adoption of Ordinance Number 1353 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REGARDING THE FORM AND FUNCTION OF THE PLANNING COMMISSION." By unanimous consent, full reading of Ordinance Number 1353 was waived. E. H. Approved first reading of Ordinance Number 1356 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO THE LIMITATIONS PERIOD FOR CHALLENGING THE ADMINISTRATIVE OR QUASI-JUDICIAL ACTIONS OF THE CITY OF SEAL BEACH AND AMENDING THE SEAL BEACH MUNICIPAL CODE." By unanimous consent, full reading of Ordinance Number 1356 was waived. 1. Adopted Resolution Number 4168 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 ALTERNATE SIGNATURES AND RESCINDING RESOLUTION NUMBER 4143." By unanimous consent, full reading of Resolution Number 4168 was waived. I I J. Authorized the Environmental Quality Control Board to conduct hearings with the intent of drafting a comprehensive public tree policy for the City. Adopted Resolution Number 4169 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING PROCEDURES FOR THE AWARD OF A CONTRACT TO POLICE TOW TRUCK OPERATORS, IMPOSING STANDARD REQUIREMENTS ON SUCH OPERATORS AND REPEALING RESOLUTION NUMBER 3882," and authorized the City Manager to execute agreements for Police towing services with Medlin's Towing, Rossmoor Towing, and Mr. C's Towing for the term of two years. K. L. Denied the claim for damages of Mr. John Spencer and referred same to the City's liability attorney and adjuster. M. Denied the amended notices of claim for indemnification of Shane Leith Tecklenburg and Leith Tecklenburg and referred same to the City's liability attorney and adjuster. 7-27-92 7-27-92 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G" - RESOLUTION NUMBER 4167 - TIME LIMITATIONS - CHALLENGE OF ACTIONS I In response to Councilman Laszlo, the City Attorney explained that this item as well as Ordinance Number 1356 relate to establishing a time limitation for the filing of actions against the City pursuant to Section 1094.6 of the Code of civil Procedure, and that these items have no relationship to the Civil Service Board. Laszlo moved, second by Doane, to adopt Resolution Number 4167 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH ADOPTING THE TIME LIMITATIONS SET FORTH IN CODE OF CIVIL PROCEDURE SECTION 1094.6." By unanimous consent, full reading of Resolution Number 4167 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - ZONING TEXT AMENDMENT 92-3 - PUBLIC LAND USE/RECREATION ZONE Mayor Forsythe declared the public hearing open to consider Zoning Text Amendment 92-3. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received either for or against this item. The Director of Development Services presented the staff report, explaining that ZTA 92-3 proposes to rename the Public Land Use Zone to the Public Land Use/Recreation Zone and amend the permitted uses to include open space and parks, which would apply to all properties within the city that are currently zoned I or would be zoned in the future as Public Land Use/Recreation. There being no public comments, Mayor Forsythe declared the public hearing closed. ORDINANCE NUMBER 1357 - ZONING TEXT AMENDMENT 92-3 - PUBLIC LAND USE/RECREATION ZONE ordinance Number 1357 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONE TEXT AMENDMENT 92-3, AMENDING SECTIONS 28-300(2) (k), 28-2000 AND 28-2002(1), RENAMING THE PUBLIC LAND USE ZONE TO THE PUBLIC LAND USE/RECREATION ZONE AND AMENDING THE PERMITTED USES OF SAID ZONE." By unanimous consent, full reading of Ordinance Number 1357 was waived. Laszlo moved, second by Hastings, to approve the introduction of Ordinance Number 1357 and that it be passed to second reading. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - ZONING TEXT AMENDMENT 92-4 - RESIDENTIAL SIDE YARD SETBACK - LIMITED COMMERCIAL ZONE Mayor Forsythe declared the public hearing open to consider zoning Text Amendment 92-4. The city Clerk certified that notice of the public hearing had been advertised as required by law, and -, reported no communications received either for or against this item. The Director of Development Services presented the staff report, noting specifically that the amendment would revise the residential side yard setback in the Limited Commercial Zone from ten percent of the lot width to a minimum of three feet. He explained that the Limited Commercial Zone presently applies to only one block of Seal Beach Boulevard, the zone permitting service type commercial uses on the first and second floors with residential uses permitted on the second and third floors. He reported that the first development plan submitted under that zoning designation would have required a side yard setback of I I I 7-27-92 6.25 feet thus the request of the applicant for further review and revision of the side, yard setback. The being no public comments, Mayor Forsythe declared the public hearing closed. ORDINANCE NUMBER 1358 - ZONING TEXT AMENDMENT 92-4 - RESIDENTIAL SIDE YARD SETBACK - LIMITED COMMERCIAL ZONE Ordinance Number 1358 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONE TEXT AMENDMENT 92-4, AMENDING SECTION 28-1155(b) (4), AMENDING THE MINIMUM RESIDENTIAL SIDE YARD SETBACK TO THREE (3) FEET WITHIN THE LIMITED COMMERCIAL ZONE (L-C)." By unanimous consent, full reading of Ordinance Number 1358 was waived. Hastings moved, second by Doane, to approve the introduction of Ordinance Number 1358 and that it be passed to second reading. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried STATUS REPORT - STATE BUDGET The City Manager reported the State budget remains speculative at this time, however the League of cities anticipates a budget proposal to become available by next week. He noted that the Governor continues to be supportive of cities retaining the current property tax income level realized through AB8 and has identified the significant revenues that have been diverted from cities since the enactment of AB8. COUNCIL CONCERNS Councilman Doane read an excerpt from a July 24th news article in jest relating to the registration of a child for kindergarten at Mc Gaugh School, the School reportedly in the City of Los Alamitos rather than Seal Beach. Councilman Laszlo reported that he met recently with about eighty College Park East residents at which the budget and the Bixby Company were topics of discussion, and to a majority decision that the residents of College Park East should be talking to BiXby, he stated his intent to schedule meetings to discuss the Bixby property. Councilman Laszlo also mentioned his intent to propose Charter amendments with regard to campaign spending and practices, a possible contribution limit, more frequent reporting requirements for initiative and referendum campaigns, $50,000 contribution limit for Council campaigns, a thirty-five foot height limit citywide, a required Council consent in the selection of Police Chiefs, and noted that the Charter as it presently exists is out of compliance with State law. He said the amendments would be drafted by certain citizens, possibly completed by the end of the year to be placed on a future citywide ballot. With regard to a recent fire in College Park East, Councilman Laszlo said the original wiring was the likely cause, also asked that the Council give consideration to banning any new shake roofs, particularly in College Park East and possibly the Hill, and that fire arrestors be required on chimneys. The Director of Development Services reported that since 1989 the Code requires any new or replacement roof to be Class C fire rated. Councilman Laszlo said his preference would be to ban shake roofs because the fire retardants do not last over a period of time. Mayor Forsythe said she believed the city of Anaheim has enacted a shake roof restriction. Councilmember Hastings agreed that the Charter needs to be brought into compliance with State law, stated the campaign financing issue has been brought to the attention of staff, and inquired if a limitation could be imposed on the involvement of out-of-city parties in local petition drives, campaigns, etc. The City Attorney stated some restrictions exist for petition gatherers however the courts generally do not feel such violations impact the result of an election. He offered that there are methods to limit campaign contributions, yet a U.S. Supreme Court case determined it is unconstitutional to limit campaign expenditures, 7-27-92/8-10-92 that case addressed in a 1990 memorandum to the Council, and noted that provisions of a Scotts Valley ordinance are also being reviewed. Recalling past discussions, Councilmember Hastings requested that revised personnel rules and whistle-blower legislation be developed for Council consideration. Mayor Forsythe commended the efforts of those who conducted the recent Rough Water Swim, also the Lions Club activities that raised over I $10,000, the benefit of which will come back to the community. She reported contributions are continuing to the pier repair fund, a rummage sale and a comedy night being upcoming fund raising efforts of two local groups also for that purpose. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Charles Antos, 328 - 17th Street, suggested that Orange County campaign regulations be obtained and reviewed for application to Seal Beach. Ms. Reva Olson, Seal Beach, said the book entitled Money and Politics referred to by Councilman Laszlo was authored by Robert Stearn, and suggested that any local ordinance considered be reviewed by him as an authority on campaign reform. She praised the Orange County campaign regulations, and reported a number of groups in Orange County are banding together to promote a similar State initiative for campaign finance reform. Ms. Norma Strohmeir, Seal Beach, spoke in support of the Peace and Dignity Journey run through Seal Beach, expressed appreciation to those who resolved the noise problem in the area of her residence on Seal Beach Boulevard, and spoke highly of the new rock and shell business on Main Street. There being no further comments, Mayor Forsythe declared Oral Communications closed. CLOSED SESSION No Closed Session was held. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, August 10th at 6:00 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent at 8:04 p.m. lerk and ex-off of Seal Beach of the Attest: 4:,,~ ~qL.~d(., - Mayor ~7fh Approved: I. Seal Beach, California August 10, 1992 The Seal Beach City Council regular adjourned session scheduled for 6:00 p.m. this date was cancelled due to the absence of Closed Session items for discussion.