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HomeMy WebLinkAboutCC Min 2001-03-12 3-12-01 Seal Beach, California March 12, 2001 I The City Council of the City of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the three items identified on the agenda, a conference with the City's real property negotiator pursuant to Government Code Section 54956.8 relating to 201 - th . . 8 Street, a conference with legal counsel pursuant to Government Code Section 54956.9{b) regarding initiation of litigation in two potential cases, and to confer with legal counsel with regard to existing litigation pursuant to Government Code Section 54956.9(a). The City Attorney announced also that a settlement agreement has been reached in the Stinson versus City of Seal Beach case. Orange County Superior Court Case Number 815445. By unanimous consent, the Council adjourned to Closed Session at 6:01 p.m. and reconvened at 6:46.m. with Mayor Campbell calling the meeting to order. The City Attorney reported that the Council had discussed the items identified on the agenda, no reportable action was taken, the Council gave direction to the City Manager. ADJOURNMENT The City Attorney noted that the Closed Session was concluded at 6:35 p.m. By unanimous consent, the meeting was adjourned at 6:48 p.m. I clerk Attest: 3-12~01 Seal Beach, California March 12, 2001 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: .Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Ms. Beard, Director of Recreation, Parks and Community Services Ms. Arends-King, Director of Administrative Services Mr. Dorsey, Assistant to the City Manager Ms. Yeo, City Clerk Mayor Campbell announced the passing of Mrs. Patricia O'Connor, assistant to the City Clerk for a number of years and long time participant with the Seal. Beach Swim Club and Rough Water Swim. Mayor Campbell dedicated this meeting in memory of Mrs. O'Connor. I APPROVAL OF AGENDA Councilman Yost requested that Item "I" be removed from the Consent Calendar for separate consideration, Councilman Doane requested Item "D" removed, and Mayor Campbell removed Item "B" to make a correction to the minutes of the prior meeting. Yost moved, second by Boyd, to approve the .order of the agenda as revised. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ANNOUNCEMENTS Councilman Yost mentioned the recent opening of Seal Beach Kids Baseball, noted that the light towers at McGaugh are around forty years old therefore it is likely that a request to replace them will be forthc9ming sometime in the not too distant future. Mayor Campbell announced that the sale of Girl Scout cookies is underway and urged their purchase. I PUBLIC COMMENTS Mayor Campbell declared the Public Comment period to be open. Ms. Seretta Fielding, Seal Beach Boulevard, noted her involvement for many years in seeking improvements to the Boulevard, stated that as a member of the H/CD Committee and after seven years of submitting the Boulevard improvements for funding there is now a commitment by HUD for $250,000, however if a project does not go forward by June 1st that funding will be lost .as will the matching funds. Ms. Fielding said she has discussed this matter with her Council representative, the City Manager and the Public Works 3-l2-01 I Director, as of this date she was informed that construction may commence by April lst, requested assurance that this will occur inasmuch as she has worked seventeen years for the Boulevard and does not want to see this funding lost, and asked that this matter be agendized for the next meeting. Councilman Yost requested that the issue be agendized as an information item. Ms. Leah Larson, bana Point, commended the City for having hired the best of City Managers. Ms. LarsOn stated she is a member of the Dana Point Youth Council, an advisory body to the City Council organized approximately a year ago, and without the assistance and support of Mr. . Bahorski they would not have had the success they have. Ms. Larson presented a plaque of appreciation to Mr. Bahorski. In response to a question from Council, the City Manager explained that the Youth Board is comprised of high school juniors and seniors, they do research work for potential projects, the Police Department interacts with the Board, when there are youth issues relating to curfew, parking, driving, etc. they are first brought before the Youth Board, the group has also done beach cleanups, a surf contest, and activities geared toward high school youths. Ms. Jenny Evans, resident of more than thirty years, stated her concern is with the cellphone .tower that is to be installed at Zoeter School, she has a preschool child in attendance at Zoeter, there is concern with the amount of radiation that may be emitted, a member of City staff has been attempting to obtain a copy of the environmental document from Verizon, their last response was that it is not finished, her research has shown that there have been several studies and papers on the health impacts from such towers, in her opinion the tower is too close to the preschool and the skate park, it should be moved, Verizon should provide the environmental impact report, and this matter should be agendized for the next meeting. Ms. Evans expressed her opinion also that the Blackboard Bistro should not have been allowed a liquor license given their proximity to the preschool where there are small children about, this too should be addressed. To a question of Council, the City Manager responded that although it may not slow the project verizon does owe the City the environmental information therefore contact will be made with them the following day. Councilman Yost requested that this too be agendized for the purpose of information for the next meeting. Mr. David Feldman directed his comments to Seal Beach Boulevard in the area of the Target store, objected to the removal of the trees, stated Bixby should not be allowed to replace those trees with twigs, they should be held to putting in large trees, it is likely they should be fined as well. Mr. Feldman made reference to the prior consideration of the Mola development on the Hellman property, there was a requirement that a General Plan be filed with the City, the Plan set forth what could be done in the City, within that was a requirement for low income housing, he wonders what happened with that requirement, has the Plan been amended, is it still the same Plan, if it is not, then is the City liable if someone builds houses and does not comply. At the request of the Mayor, the City Attorney responded that staff is familiar with the issue, the General plan has been amended two or three times since the 1989 referenced project, in the case of Hellman they contributed in-lieu to the affordable housing fund. Councilman Boyd noted that the City is currently in the process of revisions to the Housing Element pursuant to State law. The City Attorney mentioned that the City is in full compliance with the current. Housing Element, upcoming revisions will be in addition and citywide, noted that at the time of the Hellman proje~t three hundred twenty- I I 3-12-'-01 nine homes were proposed which would have required thirty- three affordable units, the project of Hellman has been scaled back to seventy homes and they have paid the ten percent requirement, an equivalent of seven homes. Mr. Feldman asked what was done with the money, were seven homes bought or built. Councilman Larson called for a point of order and then Mayor Campbell suggested this issue be placed I on the next agenda, her question would be with the low income housing requirement for the Bixby project. Mr. Feldman also expressed disbelief that the City would allow the houses to be 6uilt higher than others in the community. The Director of Public Works stated that the Centex project is in full compliance with the grading standards of the County of Orange,' from the standpoint of staff it is believed that the property is appropriately designed and graded, a property owner has various rights to design as they see fit provided they meet the standards, staff is currently talking with the Los Alamitos staff with regard to the height differential. Mr. Bill Ayres, Seal Beach, noted the upcoming of St. Patrick's Day, whenever this Day is on a weekend the people that live off of Main Street encounter problems, there are a number of Police Officers patrolling yet they seem to congregate on Main and do not patrol the adjacent streets, there are people who come to town early and by the time the establishments close they are inebriated, they do not create a problem on Main but on other streets, his'request would be to direct the Chief to have the officers monitor the other streets as well. Mr. Ayres stated his belief that the bars make considerable money on St. Patrick's Day', possibly they could be assessed a fee to pay for bringing in extra police I officers to patrol the area. There being no further comments, Mayor Campbell declared Public Comments closed. CONSENT CALENDAR - ITEMS "A" thru "I" Boyd moved, second by Larson, to approve the recommended action for items on the Consent Calendar as presented, except Items "B, D, and I", removed for separate consideration. A. Approved the waiver of 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. C. Approved regular demands numbered 30740, 31262 through 31469 in the amount of $4l0,841.07, payroll demands numbered 11068 through 1l2l6, 27706 through 27707 in the amount of $l67,066.20, payroll liability account 9000526 through 9000537 in the amount of $82,031.39, and authorized warrants to be drawn on the Treasury for same. I E. Approved the cancellation of the previously awarded contract to Atlas Allied, Inc. for project Number 995, Anaheim Channel Debris Removal, due to the lack of an additional State funding commitment, directed staff to divide the project into two separate projects, the debris removal and planting, investigate additional funding thereof, and re-bid both projects concurrently in advance of the I I AYES: NOES: 3-12-0l August 15th environmental work restriction to ensure completion of the project in the fall. F. Adopted Ordinance Number 1470 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING) OF THE CODE OF THE CITY OF SEAL BEACH REGARDING THE FRONT SETBACK AREA FOR THOSE PROPERTIES WITH PRE-EXISTING DECKS ON THE SECOND FLOOR OF THE RESIDENTIAL LOW DENSITY (RLD) ZONE (ZONE TEXT AMENDMENT 01-1)." By unanimous consent, full reading of Ordinance Number 1470 was waived. G. ' Adopted Resolution Number 4880 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING EXISTING ORANGE COUNTY FIRE AUTHORITY JOINT POWERS AUTHORITY GOVERNING BOARD STRUCTURE." By unanimous consent, full reading of Resolution Number 4880 was waived. H. Approved the proposal for disclosure and arbitrage services by MuniFinancial for 2000 Sewer Certificates of Participation, the 1991 Redevelopment Agency Subordinate Lien Tax Allocation Bonds, Series;A, the Surfside Assessment 'District 2000 Refunding Revenue Bonds, and the Redevelopment Agency Allocation Refunding Bonds, Series A and B, and authorized signature of the contract documents. Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "B" - COUNCIL MINUTES Mayor Campbell made two corrections to the minutes of the February 26th regular meeting to read that the Council,did 'not' support the access to Gum Grove Park from Seal Beach Boulevard as required by the Coastal Commission, and explained that she had taken a sample of the insect infected eucalyptus trees from the Bixby windrow rather than from Dana Point. Boyd moved, second by Campbell, to ,approve the minutes of the February'26th regular adjourned meeting as presented and the February 26th regular meeting as corrected. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEM "D" RESIGNATION - PLANNING COMMISSION DISTRICT FIVE Councilman Doane expressed appreciation to the local newspapers for their' articles reporting the upcoming vacancy on the Planning Commission and search for a new appointee, as a result a number of well qualified persons have expressed an interest in the position, it is gratifying to see so many knowledgable and willing Leisure world residents having interest. Councilman Doane said he anticipates an appointment at next meeting and moved to accept the resignation of Mr. Thomas Lyon and declare the position to be vacant. Councilman Yost seconded the motion. I 3-12-01 AYES: NOES: Boyd, Campbell, Doane, Larson" Yost None Motion carried ITEM "I" PLANS/SPECIFICATIONS / AWARD OF BID - McGAUGH TENNIS COURT RESURFACING - PROJECT NUMBER 001-49807-049 ,For information of the public, Councilman Yost noted the upcoming resurfacing of the McGaugh School tennis courts, a much needed improvement. I Bids were received until February 28th at 10:00 a.m. for Project Number 001-49807-049, McGaugh Tennis Court Resurfacing, at which time they were publicly opened by the City Clerk as follows: Taylor Tennis Courts Zaino Tennis Courts, Inc. California Surfacing Malibu Pacific Tennis Courts, $11,250.00 $19,400.00 $ 9,455.00 Inc. $11,450.00 Yost moved, second by Boyd, to approve the plans and specifications and award the bid to resurface and reseal the McGaugh School tennis courts to the lowest responsible bidder, California Surfacing, in the amount of $9,455.00, and authorized the City Manager to execute the contract on behalf of the City. AYES: NOES: Boyd, Campbell, Doane, Larson" Yost None Motion carried CITY ATTORNEY REPORT No report was given. I CITY MANAGER REPORT The City Manager announced that the initial meeting of the Ad Hoc Parking Management Committee will be Tuesday, March 20th at 6:30 p.m. in Council Chambers, thereafter the group will have regular meeting times. COUNCIL COMMENTS Councilman-Doane commended Chief Sellers and the Police Department for the recently distributed Departmental Annual Report for year 2000. Councilman Yost reported that the Hellman Family and the wildlife Conservation Board have come to agreement on the selection of an appraiser for the Hellman wetlands property therefore that phase is moving forward for acquisition by the Conservation Board. He mentioned having spent this day in Long Beach observing the debris boom on the Los Angeles River, another meeting is scheduled in about a week, the intent is to look at doing something similar on the San Gabriel River' in the foreseeable future. Councilman Yost said that efforts are moving forward to bring volleyball back to Seal Beach, it is said that the volleyball tournament is positive for the business community. Councilman Boyd expressed appreciation to those who forwarded their e-mail address to him so that he can forward his monthly newsletter to them. He thanked the member of the audience for the reminder of the Seal Beach Boulevard Improvement Project, to which he responded that it has not been forgotten, there is diligence being paid to move that project along as it is long - overdue. Councilman Boyd concurred with the comments of Mr. Ayres, requested the cooperation of all persons at City Hall and the Police Department during the upcoming St. Patrick's Day, conveyed appreciation for the proactive efforts thus far yet he wants to assure that a zero tolerance policy is in place for those who abuse the privilege of coming to this " I I I I 3-12-01 / 3-26-01 City to celebrate the Day, allowing businesses to flourish yet have a resident friendly environment as well. Mayor Campbell reported receiving a call from a resident who was more than appreciative of the efforts of Officer Vilensky who returned his lost wallet in which the caller said he had his life. The Mayor also announced that the State of the City luncheon will be held on March 21st, ll:OO a.m., at Old Ranch country Club, suggesting a call to the Chamber of Commerce office for reservations. CLOSED SESSION No additional Closed Session was held. ADJOURNMENT The meeting was adjourned until Monday, March 26th at 6:30 p.m. to meet in Closed Session. Mayor Campbell, with unanimous consent of the Council, adjourned the meeting at 7:29 p.m. in memory of patricia O'Connor. clerk '. Attest: Seal Beach, California March 26, 200l The City Council of the City of Seal Beach met in regular adjourned session at 6:34 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the agenda, a conference with legal counsel pursuant to Government Code Sections 54956.9(b) and (c) with regard to the possible initiation of litigation, and pursuant to Government Code sections 54956.9(a), two cases of existing litigation. The Council adjourned to Closed Session at 6:35 p.m. and