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HomeMy WebLinkAboutCC Min 1992-09-14 I I I 8-24-92/9-14-92 pursuant to Government Code Section 54956.9(a) the Council also discussed pending litigation in the case of Mola versus the City of Seal Beach, an action pending in the Orange County Superior Court, no action was taken, and that a memorandum was distributed under attorney/ client privilege. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn until Monday, September 14th, 1992 at 6:00 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent at 9:02 p.m. erk and ex-of of Seal Beach Approved: ,~~ ;/nX_.A}t~ L. Mayor Attest: Seal Beach, California September 14, 1992 The city Council of the City of Seal Beach met in regular adjourned session at 6:01 p.m. with Mayor Forsythe calling the meeting to order with the Sal~te to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Bankston, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk CLOSED SESSION The city Attorney announced that the City Council would meet in Closed Session pursuant to provisions of the Brown Act to discuss personnel matters and a memorandum provided to the Council regarding same, pursuant to Government Code Section 54956.9(a), discussion of pending litigation in cases of U. S. versus Montrose and Mola versus City of Seal Beach, and pursuant to Government Code Section 54956.9(b), potential litigation regarding certain requests for information. It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 6:03 p.m. The Council reconvened at 6:52 p.m. with Mayor Forsythe calling the meeting to order. The city Attorney reported that the Council had discussed the items previously announced, gave direction to staff, and no further action was taken. 9-14-92 ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:55 p.m. lerk and ex-of of Seal Beach of the I Approved: ~ha /~~~.,. - . Mayor Attest: Seal Beach, California September 14, 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 CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo I Absent: None Also present: Mr. Bankston, City Manager . y Mr. Barrow, C1ty Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk WAIVER OF FULL READING Doane moved, second by LaSZlo, 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 I Mayor Forsythe declared Oral Communications open. Ms. Carla Watson, 1635 Catalina Avenue, and Ms. Jane McCloud, 700 Balboa Drive, expressed appreciation to all persons who donated, purchased, and participated in the recent rummage sale HELd by Seal Beach Citizens United, and presented the proceeds in the amount of $3300 to the City for the pier repair fund." Ms. McCloud noted the interest of many persons to make donations to the pier fund with recognition thereof on a plaque, and suggested that the Council determine plaque recognition categories, possibly similar to those used for the Eisenhower Park renovation. The donation from Seal Beach citizens United was accepted by Mayor Forsythe with appreciation. There being no further comments, the Mayor declared Oral Communications closed. I I I 9-14-92 PRESENTATION Ms. Nancy Shook, Branch Manager of the Seal Beach Bank of America, presented a $1500 check to the pier repair fund on behalf of the Bank of America Foundation. Mayor Forsythe accepted the donation with appreciation. The Mayor announced that the city was the recipient of a plaque from united Way as an expression of appreciation for the 1992 Sandcastle Event, also a communication from the California Energy Commission advising that Seal Beach has been selected as the best medium-sized city to receive the Energy Excellence in Local Government recognition award, said award to be presented to the three recipient cities statewide at the League Conference in October. She noted that the award was for the aggressive efforts to maximize the energy efficiency of City Hall and the Marina Community Center. PROCLAMATIONS Mayor Forsythe proclaimed the week of September 17th through September 23rd, 1992 as "Constitution Week." Ms. Virginia Staubs and Ms. Gordon Magnus accepted the Proclamation on behalf of the Daughters of the American Revolution with appreciation. The Mayor proclaimed September 27, 1992 as "Race For The CUre Day" in support of the goal of the Susan G. Komen Breast Cancer Foundation to enhance breast cancer awareness and prevention. Mayor Forsythe proclaimed October, 1992 as "Orange County Hunger Awareness Month" and declared October 16, 1992 as "World Food Day." COUNCIL ITEMS RESOLUTION NUMBER 4176 - WORKERS COMPENSATION REFORM Councilmember Laszlo noted that the Governor has called for the State Legislature to reconvene to address the issue of revising the workers compensation laws thus the proposed Resolution Number 4176 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, SUPPORTING THE CALIFORNIA GOVERNOR'S POSITION ON WORKERS COMPENSATION REFORM." By unanimous consent, full reading of Resolution Number 4176 was waived. The City Manager noted that the six points set forth in the Resolution are basically those contained in the proposed Bergeson and Leonard bills, and those two pieces of legislation have received League of Cities endorsement. Laszlo moved, second by Hastings, to adopt Resolution Number 4176. Councilman Laszlo asked that the Resolution be forwarded to neighboring cities and to the League. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried VOTING It was as the Cities voting DELEGATES - LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE the consensus of the Council to designate Mayor Forsythe voting delegate for the upcoming League of California Annual Conference, and Councilman Laszlo as the alternate delegate. CONSENT CALENDAR - ITEMS "G" throuah "P" Laszlo moved, second by Brown, to approve the recommended action for items on the Consent Calendar as presented. G. Approved regular demands numbered 89002 through 89151 in the amount of $690,253.48 and payroll demands numbered 51524 through 51709 in the amount of $220,779.92 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. 9-14-92 H. Approved the minutes of the regular meeting of August 24, 1992. 1. Approved second reading and adoption of Ordinance Number 1361 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONE TEXT AMENDMENT 92-5, AMENDING SECTIONS 28-210 AND 28-2407, RELATING TO THE EXPANSION OF NON- CONFORMING STRUCTURES WITHIN THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance NUmber 1361 was waived. I J. Received and filed the Report of the California Electric and Magnetic Field (EMF) Consensus Group, requested staff to monitor activities of the EMF Consensus Group and the PUblic Utilities commission regarding this issue, and that the Report be forwarded to the Planning Commission and the Environmental Quality Control Board for their information. K. Received and filed the report relating to the south Coast Air Quality Management District consideration of adopting proposed Rule 1402, Control of Toxic Air Contaminants from Existing Sources, and proposed amendments to Rule 1401, New Source Review of carcinogenic Air Contaminants, requested staff to monitor the rUle-making process and provide additional information to the City Council as deemed appropriate, also that the Report be forwarded to the Environmental Quality Control Board for their information. I L. Received and filed the report regarding the South Coast Air Quality Management District's proposed pUblic notification procedures pursuant to The Air Toxics "Hot spots" Information Act of 1987 (AB 2588), instructed staff to forward said Report to the Environmental Quality Control Board for their information, and that staff monitor and report to the city Council regarding this proposed notification process. M. Received and filed the report relating to "The State Department of Housing and Community Development's (HCD) Determination of Existing and Future Housing Needs in the SCAG Region for the period of July 1, 1992 to June 30, 1999, the information received from the Southern California Association of Governments, and instructed staff to provide same to the Planning Commission for their information. I N. Approved the extension of the Parking Permit Program Agreement with the Seal Beach Business Association for the period of one year commencing October 1, 1992. ' I I I 9-14-92 O. Approved the plans and specifications for Project Number 619, Restroom Remodel/ Addition at the North Seal Beach Community Center, and authorized the City Manager to advertise for bids. P. Adopted Resolution Number 4177 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 #615 - REPLACEMENT OF WATER MAINLINE & STORM DRAIN ON SEAL BEACH BLVD., A CONTRACT ENTERED INTO BETWEEN CONSTRUCTION ENGINEERS, INC. AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4177 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried BEACH TOT LOT - REFURBISHING 1 EXPANSION The City Manager reported that the Seal Beach Junior Womens Club has offered to undertake the refurbishment/expansion of the Beach Tot Lot, a project to be funded through donations to include enhancement of the equipment and provision for handicapped as required by recent State law. The Manager noted that the expansion would involve an area that is presently utilized for parking yet if restriped to compact car standards at least two parking spaces would be gained. Councilman Laszlo stated he felt the Recreation Commission should be involved with this matter. The Mayor pointed out that the project would include replacement of equipment, enlargement of the area, and an aesthetic improvement with the placement of tiles that have been painted by children along the fence. The Manager explained that the request of Council is for conceptual approval at this time to allow staff to refer the proposal to the Coastal Commission for comments, to subsequently be forwarded to the Recreation and Parks Commission, then returned to the Council for final consideration. The Council indicated their approval of the request as explained. BUDGET UPDATE The City Manager reported that the impact of the adopted state budget on Seal Beach now appears to be a $283,750 loss of property taxes and $128,800 loss of Redevelopment Agency tax increment, and explained that the state budget provides a mechanism for establishing a new Agency tax increment base, to become effective in 1995, for pass-throughs to the school districts of tax increment monies. He noted the City's loss amounts to nine percent of property tax, the remainder of cigarette tax of approximately $18,000, sixteen percent of tax increment, and it is mandated that if the increment does not provide sufficient monies to meet the debt service and the loss of increment, the City is obligated to loan the Agency sufficient funds to meet the $128,800 obligation. The City Manager said a revised budget resolution is anticipated to be before the council for consideration at the next meeting. COUNCIL CONCERNS Councilman Doane commended the Seal Beach Coordinating Council for including the meeting dates and times of the City Council and various City boards and commissions on their master event calendar as had been requested. Councilman Laszlo inquired as to the status of the comprehensive General Plan update, previously requested by staff and approved by the Council. The city Manager offered to check on the status of the project and respond to Council. Councilmember Hastings expressed appreciation to the 9-14-92 local newspapers for the publicity given the recent Seal Beach citizens United rummage sale, the residents of Leisure World and citywide for their support of this event and the pier repair fund raising effort in general. Mayor Forsythe reported that the city Council and city staff are aware of the current parking problem around McGaugh School and stated that an effort will be made to resolve the situation. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Tom Lyon, resident of Leisure World, indicated his concern with noise and pollution, specifically with the Los Angeles Water and Power plant adjacent to Leisure World, and provided a packet of information to the Council. He noted some recent success in that the Air Quality Management District have determined to modify their dust control law from fifteen to twenty-five miles per hour, requiring that dust be maintained within a property line unless the wind is fifteen miles per hour, and in this case the Los Angeles Water and Power will be required to pave the areas within their facility, eliminating the dirt roadways, improvements that the adjacent Edison facility has already made. Mr. Lyon spoke at length with regard to his efforts to resolve the dust, pollutant, and noise problems generated from the LAWP facility, and the lack of assistance or cooperation from the Air Quality Management District. Mr. Lyon made specific reference to the samples provided the Council, one in particular he alleged to be iron to which the LAWP contends is rubber fallout from the freeway, yet he has been denied permission to directly obtain samples and the AQMD has been unwilling to locate testing apparatus in appropriate areas or expand the testing. He noted that samples he has gathered have not been accepted by the AQMD. Mr. Lyon claimed that when the safety valves are blown the noise generated is in the one hundred decibel range yet the noise standard of the City of Long Beach is sixty-five decibels, Seal Beach is fifty-five, and asked if the City Attorney could contact Long Beach to possibly reach a compromise solution to the noise pollution problem. In response to Council, Mr. Lyon reported that meetings have been held with the various parties involved that included the Golden Rain Board and Supervisor Wieder, however to no avail. The issues brought forth by Mr. Lyon were referred as a health concerns; confirmed that the Air Quality Management District is the appropriate contact agency; possible legal action was mentioned as well as assistance through the City Council as a means to resolution. Mr. Sol John, 330 - 12th street, spoke regarding the demise of the roller coaster years past as a result of deterioration and the cost of insurance, past damages to the pier as well, to which he suggested that the pier be reinforced to avoid future damages. He also spoke of the railroad that once traveled through Seal Beach, and displayed various historical pictures. With regard to complaints relating to his belongings stored on a vacant Seal Beach Boulevard lot, Sol John replied that he is constructing a float for the Christmas Parade, after which the wood he is using will be cut and distributed for use in the winter months. There being no further comments, Mayor Forsythe declared Oral Communications closed. ADJOURNMENT Noting that the first meeting in October falls within the time frame of the League of cities Annual conference, a consensus was indicated that that meeting will be cancelled. It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, September 28th at 6:00 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent at 8:02 p.m. I I I I I I 9-14-92/9-28-92 of the Approved: Attest: Seal Beach, California September 28, 1992 The city Council regular adjourned session scheduled for 6:00 p.m. this date was cancelled due to the lack of Closed Session bus ess items for discussion. ne M. y~~ Y of Seal Beach Seal Beach, California September 28, 1992 The city Council of the City of Seal Beach met in regular session at 7:03 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL 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 WAIVER OF FULL READING Doane moved, second by Brown, 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. Ms. Daisy Funk recalled the formation of the Save Our Pier Group in 1983 and the