Loading...
HomeMy WebLinkAboutCC Min 1992-11-09 I I I 10-26-92/11-9-92 Attorney reported the Council had discussed personnel matters, gave direction to the City Attorney, also discussed pending depositions in the case of Mola versus city of Seal Beach. ADJOURNMENT It was the consensus of the Council to adjourn the meeting until Monday, November 9th, 1992 at 6:00 p.m. to meet in Closed Session. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 10:44 p.m. Approved: A"/J / r ~;.,-I~, Ma or Attest: Seal Beach, California November 9, 1992 The regular adjourned meeting scheduled for 6:00 p.m. this date was cancelled as there were no items of business for discussion. Jo Ci Seal Beach, California November 9, 1992 The city Council of the City of Seal Beach met in regular session at 7:02 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 Absent: Councilmember Laszlo ,~- Brown moved, second by Hastings, to excuse the absence of Councilmember Laszlo from this meeting. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried 11-9-92 Also present: Mr. Bankston, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk Mayor Forsythe offered condolences to Councilmember Hastings and I" her family on the recent passing of her husband. WAIVER OF FULL READING Brown 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: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Mark HotChkiss, Old Town resident, suggested that caution be exercised in making a selection of an archaeologist from the County list, citing specifically that there is no requirement for the individual to have a degree nor a requirement that they meet SOPA guidelines, said no one is ever removed from the County list, and mentioned that the list lacks taking into account Native American concerns. He recommended that qualifications be verified to ensure conformity with the requirements of the Archaeological Element, and that such review could be undertaken by the Archaeological Task Force. Mr. Hotchkiss said his understanding I" of the Committee membership was that it was intended to be open- ended to allow Native American monitors and others the opportunity to participate and contribute their experiences. He presented a copy of the County qualifications for archaeologists "and a letter from Ms. Hahn to the Council expressing her views at the time the Element was adopted. Ms. Robin Jaruszewski expressed gratitude for City'S continued support of Interval House through the Housing/Community Development Block Grant Program. She mentioned that the services of Interval House were increased during the past year with the opening of another shelter yet said there continues to be a waiting list of women and children in need. Ms. Mitzi Morton, 153 - 13th Street, noted that the entertainment conditional use permit request for a Main Street eatery considered at the last Planning Commission meeting had not been advertised in the newspaper, and even though the City Code does not require that it be, she suggested that when an issue of community concern is to be considered it should be pUblished for information of the residents. Ms. Morton questioned the voting of two Commissioners on this particular item since they had not attended the prior meeting nor had they reviewed the tape of the discussion. The City Attorney responded that it is the responsibility of the Commissioners to familiarize themselves with the evidence on an issue before voting on a particular matter, whether it be via the tape or minutes, yet I there is no specific legal requirement. The Director explained that the requirement of the Code for variances and conditional use permits is that notices be mailed to properties within three hundred feet, however it has been and will continue to be staff policy to advertise such items for information of the public. In this case the newspaper erred and published the notices for the prior meeting, yet since notice had been made as required by the Code, as well as posted at City Hall and the libraries, it was decided to proceed with the hearings for those items given the length of that and subsequent agendas. Ms. Reva Olson, Seal Beach, read a communication with regard to the recent granting of I I I 11-9-92 an entertainment license on Main street by the Planning Commission, and without newspaper publication of the matter. She continued, stating the City had been placed on notice in 1985 by a land use attorney that piecemeal granting of CUP's and other intensified uses on Main Street have a cumulative affect on the environment and that, in addition to establishments being allowed without on-site parking, is a violation of CEQA law requiring an environmental impact report and mitigation of impacts on the community. She claimed that the Planning Commission has continued to intensify use by increasing alcohol licenses, extending hours of night use operations, and now the granting of an entertainment license on a street abutting residential and church properties. Ms. Olson reported that land use and environmental attorneys have once again been contacted, that the Planning Commission has been put on notice that there will be litigation, the city having been put at risk for violating CEQA law. The City Attorney explained that the referenced matter is scheduled to be before the Planning Commission at their next meeting to consider adoption of the resolution reflecting their decision, at which time an appeal period will commence. Councilmember Hastings stated her intent to file an appeal to suspend the granting of the referenced entertainment permit until such time as there is an adopted ordinance and policy statement for the issuance of conditional use permits for any type of entertainment. Ms. Olson said even though there is no residential unit directly behind the referenced establishment the impact of the entertainment permit affects the whole City, and the Council, rather than the Planning Commission, is looked to for accountability. There being no further comments, Mayor Forsythe declared Oral communications closed. COUNCIL ITEMS APPOINTMENTS - BOARDS and COMMISSIONS Mayor Forsythe appointed Mr. Joe Kalmick as the District Three business representative appointment to the Project Area Committee for the full two year term expiring July, 1994. The appointment was accepted by consensus. CONSENT CALENDAR - ITEMS "B" thru "L" Mayor Forsythe requested that Item "D" be removed for clarification. Hastings moved, second by Doane, to approve the recommended action for items on the Consent Calendar, except Item "D", as presented. B. Approved regular demands numbered 89612 through 89743 in the amount of $437,542.46 and payroll demands numbered 52254 through 52420 in the amount of $192,249.65 as approved by the Finance committee, and authorized warrants to be drawn on the Treasury for same. C. Approved the minutes of the regular adjourned meeting and the regular meeting of October 26, 1992. E. Adopted Ordinance Number 1362 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA READOPTING CHAPTER 9B, "FLOODPLAIN OVERLAY DISTRICT", OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1362 was waived. F. Approved the plans and specifications for Project Number 630, Resurfacing of Streets in College Park East, and authorized the City Manager to advertise for bids. 11-9-92 G. Adopted Resolution Number 4187 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING AUTHORIZATION TO PARTICIPATE IN THE STATE OF CALIFORNIA ENERGY COMMISSION COOPERATIVE PURCHASING PROGRAM FOR THE PURPOSE OF OBTAINING GROUP BUYING POWER AND VOLUME DISCOUNTS." By unanimous consent, full reading of Resolution Number 4187 was waived. I H. Confirmed the appointment of Ms. Pat Carpenter as the District Five representative to the citizens Participation Committee for the unexpired term ending July, 1994. 1. Adopted Resolution Number 4188 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CLOSURE OF THE NORTH AND SOUTH BOUND TURNPOCKETS LOCATED AT THE MAIN STREET/PACIFIC COAST HIGHWAY INTERSECTION." (Christmas Parade - December 4th) . J. Approved the Employment Contract between the City of Seal Beach and the City Manager, Mr. Jerry Bankston. K. Bids for Project Number 619, Remodel of Restrooms/Addition at North Seal Beach Community Center, were received until October 27, 1992, 11:00 a.m., at which time they were publicly opened by the City Clerk as follows: O. J. Construction Projective Development Group Sandalwood Construction D.D.T.K. Environmental Services, Inc. Banner Construction Co. Warvi Construction, Inc. United Construction & Trading, Inc. Bri-Krist Building Corporation Enwel, Inc. Santa Fe Builders, Inc. Sunny Hills Restoration, Inc. Academy Development Boomer Construction J & S Development C.D.A.D, Inc. Shook Building Systems, Inc. Zubid Construction J. H. Rives Co. S & A Construction Southern California Builders Garick Construction I $ 87,500.00 89,000.00 95,168.00 95,194.00 95,226.00 98,542.00 99,850.00 99,895.00 105,000.00 105,372.00 109,792.35 110,008.00 116,318.00 119,205.00 119,400.00 122,660.00 123,342.00 124,810.00 129,740.00 143,000.00 166,000.00 I Awarded the contract to O. J. Construction in the amount of $87,500.00 and authorized the city Manager to execute same on behalf of the city. I I I 11-9-92 L. Adopted Resolution Number 4189 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING FINAL PARCEL MAP 90-127. By unanimous consent, full reading of Resolution Number 4189 was waived. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "D" - RESOLUTION NUMBER 4180 - AMENDED LOCAL CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOAI GUIDELINES - 1992 REVISION Mayor Forsythe made reference to the requirement for identification of toxic sites, inquired if that provision applies to private property, who bears the cost of identification and when is it done. The Director of Development Services confirmed that it does apply to private properties, explained that the state provides each agency with a list of identified sites, basically areas where chemicals may be stored on-site, service stations, the Naval Weapons Station, city Yard, as examples, locations where the fire services would need to have knowledge of. He noted the Fire Department also provides a list of such sites, somewhat expanded from the State list. The Mayor asked if the lead agency, a city Council, would be held responsible in a case where a DEIR or EIR has gone through the process and it is found there are inadequacies. Staff explained that the penalties for viOlating CEQA would be denial of the project, in other words if an EIR is determined to be inadequate the project would be held in abeyance pending further study or consideration, also there is no personal liability on the part of City Council members. Brown moved, second by Hastings, to adopt Resolution Number 4180 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING PROCEDURES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND THE GUIDELINES OF THE SECRETARY FOR THE RESOURCES AGENCY, AS AMENDED, AND REPEALING RESOLUTION NO. 3994." By unanimous consent, full reading of Resolution Number 4180 was waived. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried PUBLIC HEARING/RESOLUTION NUMBER 4190 - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - YEAR 19 Mayor Forsythe declared the public hearing open to consider the Housing/Community Development Block Grant Program for Year Nineteen. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications had been received either for or against this item. The Director of Development Services presented the staff report and recommendations of the Citizens Participation Committee regarding the eight projects proposed for funding. He noted that funding granted last year was $90,000, that amount generally in the range of $50,000, that the County grant was $2.5 million with requests for funding of $13 million, and that the basic purpose of H/CD projects is to benefit low and moderate income families in the target area. Councilmember Hastings inquired if the Housing Rehabilitation Funds could be funneled to Interval House for their new shelter, and requested staff definition of the Youth Aftercare. The Director explained that the use of Housing Rehab Program Funds are limited to owner occupied single family residences, yet there may be a capability of making application for additional funds in conjunction with the Interval House 11-9-92 request to assist in future additions or remodeling, pointing out that the funds can not be used as reimbursement for previously expended funds. He recalled that the Youth Aftercare monies were intended for an additional person(s) at McGaugh School to provide summer and after school recreation programs, that the original request for $15,000 had been reduced to $7500, those funds anticipated to be received by January, and noted that the County I advised all cities that inflated requests would not be funded. There were no comments from the audience. In response to a question of Mayor Forsythe with regard to funding of street improvement projects in Old Town, staff indicated that in addition to the H/CD funding request for residential street improvements in Old Town, Measure M monies are anticipated to be approximately $150,000, not received or appropriated at this time, and the improvements to Seal Beach Boulevard improvements will involve AHFP funds thus freeing a like amount of Measure M monies. Doane moved, second by Hastings, to approve the prioritized list of projects requesting Housing/community Development Block Grant Funding as recommended by the Citizens Participation Committee. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None LaSZlo Motion carried Brown moved, second by Hastings, to adopt Resolution Number 4190 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE (YEAR XIX)." By unanimous consent, full reading of Resolution I Number 4190 was waived. AYES: Brown, Doane, Forsythe, Hastings NOES: None ABSENT: Laszlo Motion carried ARCHAEOLOGICAL ADVISORY COMMITTEE 1 APPOINTMENTS / ARCHAEOLOGIST CONSULTANT The Director of Development Services noted Council action on October 26th establishing an Archaeological Advisory Committee in accordance with the adopted Archaeological and Historical Element of the General Plan to consider the request of UNOCAL to reactivate their existing processing facility located at 99 Marina Drive and the recommendation of the UCLA Archaeological Information Center that a walkover inspection of the site be undertaken to determine if archaeological resources exist. As a result of prior discussion, the Director suggested that Committee membership could be expanded should the Council so desire, and explained that the archaeological consultant selected by the Council for this specific project will be paid by UNOCAL, not the City. At the conclusion of discussion as to whether there should be ten members of the Committee or five members and five alternates, and open-ended to allow interested persons the opportunity for input, there appeared to be a preference for ten members. Staff advised that a Resolution would be prepared for I Council consideration at the next meeting to reflect membership of the Committee. Mayor Forsythe appointed Ms. Joan Ellen Goldberg as the District Three representative; Councilmember Hastings appointed Mr. David Belardes, Native American Coalition, as the District One representative; Councilman Brown appointed Ms. Genevieve Price as the District Two representative; and Councilman Doane appointed Ms. Lorraine Rice as the District Five representative. It was noted that the remaining appointments would be scheduled for the next meeting. I I I 11-9-92 The Council indicated preference to hold over selection of the archaeologist consultant. The Director offered to prepare a request for qualifications to be forwarded to those persons appearing on the County archaeologist list, the request to be based upon the qualifications set forth in the Archaeological Element of the General Plan. Council approval of that suggestion was indicated. It was mentioned that the Council may want to consider an odd rather than even number of Committee members. COUNCIL CONCERNS councilmember Hastings invited the Mayor and City Manager to attend a November 19th meeting of Seal Way residents with regard to beach erosion, Dick Miller, Long Beach Marine Department, and the diver that worked on the kelp and sand barrier off Long Beach to also be in attendance. She suggested a presentation be arranged sometime in the future in Council Chambers for information of the public, also noted that Mr. Nichol of Moffat and Nichol serves on the Long Beach Marine Board and mentioned that it would be desirable to solicit his interest in Seal Beach as well. with regard to involvement of the Beach Commission, she said they could be notified when a presentation is made before the Council. Councilman Doane recalled a gentleman recently voicing concern with traffic and bicyclist safety on Central Avenue, and mentioned his own experience with a lack of visual clearance as a result of parked vehicles and speeding traffic when turning onto Central Avenue. He asked that this matter be placed on an upcoming agenda for discussion and that possibly the 8th Street/Central Avenue intersection could be addressed initially. The city Manager suggested a survey of the accident records and traffic counts could be done in the meantime. 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 until Monday, November 23rd at 6:00 p.m. to meet in Closed Session. It was the consensus of the Council to adjourn the meeting at 7:59 p.m. Approved: .4.#.0&./ ~ "'YL <. Mayor Attest: