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HomeMy WebLinkAboutCC Min 2001-04-23 4-23-01 Seal Beach, California April 23, 2001 The regular adjourned meeting scheduled for 6:00 p.m. this d 0 meet in Closed Session was canceled. I Seal Beach, California April 23, 2001 The City Council of the City of Seal Beach met in regular session at 7:05 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 I Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Ms. Beard, Director of Recreation, Parks, and Community Services Ms. Arends-King, Director of Administrative Services Ms. Yeo, City Clerk APPROVAL OF AGENDA Mayor Campbell requested that Items "I" and "L" be removed from the Consent Calendar for separate consideration. Councilman Yost reported that his appointee to the Parking Management Committee has advised that he is unable to serve and requested Council concurrence to amend the agenda to allow for a new appointment. I Yost moved, second by Doane, to amend the agenda to include the appointment under Council Items as requested. The City Attorney noted that this matter came to attention after the posting of the agenda and requires action prior to the next meeting. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried Councilman Boyd requested that Items "G" and "M" also be removed from the Consent Calendar for separate consideration. Boyd moved, second by Larson, to approve the order of the agenda as revised. 4-23-01 AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ANNOUNCEMENTS Councilman Yost noted that the month of May is Melanoma Month, said he may make a presentation to Council on that issue once again, also, on May 8th St. Joseph's Hospital will be hosting a presentation by an individual from Australia with regard to their 'sun smart program.' Mayor Campbell announced that April 2yd through April 29th is 'Clean Up Week' in the community, bins located at the westerly end of Adolfo Lopez Drive near the Public Works Yard. I PUBLIC COMMENTS Mayor Campbell declared the Public Comment period to be open. Ms. Kim Masoner, Chamber President, announced the upcoming Classic Car Show to be held on Main Street on Saturday, April 28th, with over five hundred cars on display, and noted that additional parking for the public has been arranged at the Naval Weapons Station just inside the Liberty Gate. PRESENTATIONS PROCLAMATIONS Mayor Campbell proclaimed the month of May, 2001 as "Clean Air Month." "National Amyotrophic Lateral SClerosis, ALS, Awareness Month" was proclaimed for May, 2001 by Mayor Campbell. APPOINTMENT - PARKING MANAGEMENT COMMITTEE Councilman Yost moved to appoint Mr. Barry Hartwyck as a District Three representative to the Ad Hoc Parking Management Committee. Councilman Boyd seconded the motion. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CONSENT CALENDAR - ITEMS "c" thru "P" Yost moved, second by Boyd, to approve the recommended action for items on the Consent Calendar as presented, except Items "G, I, L, and M", removed for separate consideration. D. 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. Adopted Resolution Number 488~ntitled "A ~tfo 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 AND AUTHORIZING ALTERNATE SIGNATURES, AND RESCINDING RESOLUTION NUMBER 4804." By unanimous con~~nt, full reading of Resolution Number 4881lwas waived. . I C. E. Approved the minutes of the regular adjourned and regular meetings of April 9th, 2001. I 4-23-01 F. Approved regular demands numbered 31785 through 31806 and 31808 through 31886 in the amount of $222,597.60, payroll demands numbered 11507 through 11650 in the amount of $157,504.89, payroll liability account 9000563 through 9000574 in the amount of $87,399.08, and authorized warrants to be drawn on the Treasury for same. H. Accepted the resignation of Mr. John Peschong as the District One representative to the project Area Committee for the unexpired term ending July, 2001, and declared the position to be vacant. J. Authorized the Mayor to sign a letter of support of SB 106 which extends the Service Authority for the Abandoned Vehicle Program for increments of ten years. K. Approved Final Tract Map 15832 and Subdivision Improvement Agreement between the City of Seal Beach and Beachwalk 7, and instructed the City Engineer and City Clerk to execute said Tract Map. N. I Adopted Resolution Number 4884 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING CERTAIN SIGNATORIES TO DOMESTIC PREPAREDNESS PROGRAM GRANT APPLICATION." By unanimous consent, full reading of Resolution Number 4884 was waived. O. Received and filed the Responses to Comments of the South Coast Air Quality Management District with regard to the Draft EIR, Selective Catalytic Reduction (SCR) Installation Project, AES Alamitos, Long Beach, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. P. Denied the claim for damages of Carole E. Riggs and referred same to the City's liability attorney and adjuster. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G" - PROFESSIONAL SERVICE CONTRACT - RENEWAL _ INDEPENDENT AUDITORS Councilman Boyd referred to the policy of two County agencies on which he serves to not automatically renew the service contracts of their independent auditors, his preference would be that the City follow a similar policy for a competitive fresh look at the finances of the City, and in this case rather than renewing the contract of Lance, Soll and Lunghard for a period of three years that it be for a period of one year and that request for proposals be sought for the following year. The Mayor inquired if a request for proposal could be initiated for auditing services this year, to that the City Manager responded that there is not adequate time to do so for the current year. Councilman Boyd moved to approve I 4-23-01 the renewal of the agreement with Lance, Soll and Lunghard for a period of one year, and that the auditing firm be directed to meet with two members of the Council with regard to their findings. Councilman Yost seconded the motion. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I ITEM "I" HOUSING ELEMENT LEGISLATION - SB 106 - OPPOSING Mayor Campbell requested that the last sentence of the opposition letter be revised to read 'SB 910 is the wrong approach.' Campbell moved, second by Boyd, to authorize the Mayor to sign the letter in opposition to Senate Bill 910 as revised, instructed staff to forward this item to the Planning Commission for information purposes, and received and filed the status report. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEM "L" FINAL TRACT MAP 15797 / SUBDIVISION AGREEMENT CENTEX HOMES Mayor Campbell mentioned that she does not support this project therefore she would vote against the item, and asked that in lieu of her signature on the Agreement that the City Manager be authorized to sign on behalf of the City. Councilman Boyd inquired if the Subdivision Map Act requires that a member of the Council sign such document. The City Attorney responded that he believed the Council has the authority to delegate the signing of the agreement to the City Manager, however suggested that in the event the Map Act requires a member of the Council to sign it could be delegated to the Mayor ProTem or the Mayor ProTem could be designated. I Councilman Doane moved to find that Tract Map 15797 is in substantial compliance with the previously approved tentative tract map, approve Tract Map 15797 as presented, instructed the City Engineer and City Clerk to execute said Tract Map as required, and approved the Subdivision Improvement Agreement for Tract 15797 between the City of Seal Beach and Centex Homes Development. Councilman Boyd seconded the motion. Mayor ProTem Boyd to sign said Agreement. AYES: NOES: Boyd, Doane, Larson Campbell, Yost Motion carried ITEM "M" PLANS and SPECIFICATIONS - ANNUAL PAVING REHABILITATION 2000/2001 - PROJECT 49673 Councilman Boyd inquired if the streets proposed for rehabilitation in year 2000/2001 are in accordance with the Pavement Management Plan. The Director of Public works responded that they are and that funds are budgeted. Boyd moved, second by Doane, to approve the plans and specifications for Project 49673, the annual Pavement Rehabilitation for fiscal year 2000/2001. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried WEST ORANGE COUNTY CITIES ASSOCIATION - ECONOMIC DEVELOPMENT STRATEGY ACTION PLAN The City Manager presented the staff report, a request to fund the WOCCA Economic Development Strategy Action Plan in the amount of $2,000, this somewhat of a subregional approach 4-23-01 to economic development, promotion of business in the region resulting in high paying employment, for a residential community such as Seal Beach it could benefit the residential base. I Councilman Boyd moved to join the nine cities in this economic development effort and that an allocation of $2,000 be made from the undesignated reserves. In response to an inquiry of Councilman Larson, the Manager explained that there will be representation of someone from each city, the group will work with the State Board of Trade and Commerce and when a business plans to come into the State notification will be made of their needs. Councilman Yost stated his preference to contribute that amount of money to the improvement of water quality, he is not enthused about spending money to bring in more large businesses and shopping centers. Mayor Campbell mentioned that she has attended only one meeting of the West County Association due to a meeting conflict, however found that they discuss many different issues that are important to the entire area, their meeting was interesting and enlightening, and urged that someone be designated to attend the Association meetings, held every other month in a different city. The Mayor stated she would support this request, yet if it is shown there is no benefit then the City would not need to next year. Councilman Boyd said his understanding is that they would market the region, it is not designed to promote retail, Seal Beach has a very large employer headquartered in the City, that does not mean they will always be here as was experienced by Seattle with the recent departure of Boeing, that devastates a region, he would like to see this City attuned to what is happening in the business environment, not necessarily attract more business, just be prepared should a major business leave to attract a similar quality business and technology rather than manufacturing employment positions. Subsequent to the comments, Councilman Yost indicated his support of the motion. I AYES: NOES: Boyd, Campbell, Yost Doane, Larson Motion carried I ORANGE COUNTY REGIONAL AIRPORT AUTHORITY - FUNDING REOUEST The City Manager explained that this is a request of OCRAA for funding in the amount of $5,482 for fiscal year 2001/ 2002, the funds would be appropriated from undesignated reserves, the request was that a determination with regard to this be made before May l't. Mayor Campbell suggested that the requested monies be budgeted but not paid for the reason that a Joint Powers Agreement was prepared, the OCRAA representatives reviewed the document, changes were recommended, it has not been recirculated, unless the changes are included the JPA will not be signed thus no need for the financial support. She explained that May 1st was the cutoff for OCRAA to prepare their budget. Mayor Campbell moved to include the $5,482 in the budget however not be disbursed until such time as the suggested adjustments have been made to the proposed JPA. Councilman Doane said he does not want to give the impression that the Council does not support the airport reuse, the motion may give that impression. Councilman Boyd inquired as to a time frame for review and approval of. the JPA. To that the Mayor stated that Cypress, Los Alamitos, and Seal Beach said they could not support the JPA given its language, primarily language that combines the Armed Forces Reserve Center and 4-23-01 the Naval Weapons Station as one facility, which they are not, it would not be desirable to have those in South County thinking it is one facility and suitable for an airport, these two military facilities are separate, they are not contiguous, separated by the 405 Freeway and a tract of seventeen hundred homes. Councilman Boyd indicated his support of the motion however with amendment that staff prepare a letter requesting the revised Joint Powers Agreement be placed on the agenda for consideration. The Mayor noted that the initial JPA even addressed the Seal Beach and Los Alamitos military facilities in error, again, changes were forwarded to OCRAA, the changes have not as yet been made, therefore the JPA has not come before the Council. Councilman Larson indicated support of the motion, however said something needs to be done inasmuch as the many pieces of expensive literature received each week gives the distinct impression that there is no one in this County that supports the airport. The Mayor stated that is not the case, and said she would.bring the JPA up at the next meeting. The Manager suggested that the communication to OCRAA should address the action taken and the conditions for release of the funds, that eliminates the issue of support and non-support of airport reuse. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried TREES FOR SEAL BEACH - SPECIAL EVENT REOUEST The Recreation and Parks Director explained that Trees for Seal Beach is a non-profit group dedicated to enhancement of the City's urban forest, their special event application requests use of an area of the beach adjacent to the 8th Street beach parking lot where a 5,000 to 7,000 square foot tent is proposed to be erected, the proceeds from the event will be used for the purpose of making application for citywide tree planting grants, the event will take place from 5:00 to 10:00 p.m. on June 23rd, permission is also requested to have amplified sound and the service of alcohol. She reported that City staff has reviewed the event and given direction as to logistics and security, all of the conditions accepted by the group, also, the group has received acknowledgement and approval from the three residences closest to the event. I Councilman Boyd stated he has received calls from persons in the community that have benefited from the efforts of Trees for Seal Beach, and moved approval of the Special Event Request. Councilman Doane seconded the motion. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried In response to an inquiry, Mr. Rallis stated the group is ready to have posters and fliers made with the date and contact telephone numbers in an effort to have a good attendance, there will be a band, a professional swing dance group, it is hoped the event will be beneficial to the City and something that the community can be proud of doing every year, again, the intent is to raise seed money for grants for tree plantings citywide, and they will work with the City as to placement of same. with regard to a street banner, Mr. Rallis said he was not certain there would be enough money to do everything, and to that the Mayor noted there is an area near Lampson Avenue for placement of a banner for information of College Park East residents. I 4-23-01 I RESOLUTION NUMBER 4885 - EMERGENCY REPAIR - SAND RETENTION GROIN The Director of Public Works noted that the Resolution proposed sets forth findings as to the urgency of repair to the groin, as a result of high energy winter swells a portion of the groin was lost, the pile cap has been deteriorated for a number of years, in fact there are reports from 1985 that cite the need for repairs to the groin. The Director requested authorization to allow the City Manager to negotiate contracts up to $100,000 for the repair, explaining that after a portion of the groin was lost Moffat & Nichols made an evaluation of the repair estimated between $50,000 to $100,000, the request too would be that Moffat & Nichols work closely with the City essentially as a design/build project, this will go directly to a qualified marine contractor. The Director explained too that staff will continue to look for a permanent solution in that the estimated cost to repair the groin in total is about a half million dollars, the hope is to obtain grant funds. He noted that the urgency at this point is that sand is pouring through the gap in the groin, normally there is a marked difference between the sand coverage on either side of the pier, today there is little difference, as is customary, sand will need to be moved back in the fall, the groin does considerable to retain sand in place, protect the homes and the public parking area, it is the desire of staff to commence this repair at the earliest then take advantage of the efficiency of the project when sand replenishment occurs in the fall. The Director reported that funding for this project will come from projects that are currently in the budget, savings from existing projects, and partially from reserves. I Councilman Boyd moved to adopt Resolution Number 4885 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING THE SEAL BEACH SAND RETENTION GROIN REPAIR PROJECT TO BE OF URGENT NECESSITY FOR THE PRESERVATION OF THE CITY'S BEACHES AND THE PREVENTION OF COASTAL FLOODING," approve a budget amendment deferring and re-appropriating capital improvement project funds, Pier Structural Inspection Program account 034-49715-065, $40,000, Beach/Pier Access Sidewalk/Stairway account 034-49811-063, $15,000, and $45,000 from the Environmental Reserve Fund, and authorize the City Manager to negotiate contracts with Moffat & Nichols Engineers and qualified marine contractors at a total cost not to exceed $100,000 for repair of the sand retention groin. I Councilman Doane inquired as to the direction of the movement of the sand, to that the Public Works Director explained that sand usually moves from north to south however because of the way the arrowhead jetties were built for the Weapons Station and Huntington Harbor the waves reflect off of the westerly jetty therefore the sand moves towards the north. Councilman Doane said he wished to confirm that this project is not the groin replacement. The Mayor commended the report from staff and the letter from Moffat & Nichols. Councilman Yost seconded the motion. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried PUBLIC HEARING / RESOLUTION NUMBER 4886 - ENERGY SERVICES AGREEMENT - CAL-AIR. INC. Mayor Campbell declared the public hearing open to consider the Cal Air Energy Services Agreement. The City Clerk 4-23-01 certified that notice of the public hearing was advertised as required and posted, and reported no communications received relating to this item. The Director of Public Works presented the staff report, explained that this is the formal process relating to the information that was previously presented to Council regarding the replacement of heating, air, and lighting units as an energy saving program, this is essentially a design/build project where Cal-Air was invited to look at and perform an assessment and design an energy savings program, the opinion of staff is that they have presented a good proposal. The design/build approach proposes to replace all of the HVAC equipment citywide, attempting to reduce the electrical power for those units as well as lighting, the intent is to be a turnkey operation for the replacement of many deteriorated units, as an example the air conditioning units in the City facilities are severely deteriorated and some not functional, to change these out through the standard budget process would take years, therefore this is an opportunity to finance the replacement with an energy savings program, and as was previously noted the Government Code allows a public agency to negotiate such energy saving contracts. The Director stated that specifics of the agreement is currently being reviewed, minor issues are being negotiated with Cal-Air, the request at this time is approval of the Resolution foreseeing that the parties will come to agreement, the intent too is to bring the final agreement back to Council for consideration, this hearing held as a requirement of State Code. Councilman Larson stated he met with the Director and City Manager and his previous concerns have been satisfied. I Mayor Campbell invited members of the public wishing to speak to this issue to come to the microphone and state their name for the record. Mr. Gordon Shanks, Surf Place, said he basically agreed with the proposal, however noted the inclusion of the Marina Community Center, his understanding is that there is a proposal to make improvements to and expand that facility, and asked if this upgrade will be held until those improvements are done. The Public Works Director said at this point there are no plans for the Marina Center even though there has been some discussion of future improvements. Councilman Doane stated that some of the community organizations are conducting fundraisers to be applied to the Center. Mr. Shanks suggested that be taken into consideration, inquired also as to inclusion of the Old Ranch Tennis Club. The Director said he believed any upgrade of the Tennis Club would be through the $1 million allocated to improvements to the Club. Mr. Shanks mentioned also that from an architectural standpoint, this is a beach town, his belief is that there is not an openable window in City Hall or the library where the afternoon breezes could be taken advantage of. In response to Mayor Campbell, the Recreation Director confirmed that an upgrade of the air conditioning and lighting would be included in the renovation of the Tennis Club. Mr. Jim Watson, Main Street, expressed his support of this proposal, his understanding is that it will save capital expenditures and provide an energy savings, also, new equipment is needed. There being no further comments, Mayor Campbell declared the public hearing closed. I I Boyd moved, second by Yost, to adopt Resolution Number 4886 entitled "A RESOLUTION APPROVING CERTAIN ENERGY CONSERVATION MEASURES AUTHORIZING THE EXECUTION OF AGREEMENTS, SIGNATORIES AND MAKING OTHER DETERMINATIONS IN CONNECTION THEREWITH." By unanimous consent, full reading of Resolution Number 4886 was 4-23-01 waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The City Manager stated that the City's lobbyist, Del Smith, staff and Mayor Campbell met with Congressman Pete Visclosky on the beach at Surfside, it is hoped this meeting will lead to additional funding. I COUNCIL COMMENTS Councilman Doane noted that some years ago the census estimate of population was 25,000, the census update five years later was 27,000, the most recent census reduces the population by 1.7 percent, to that he questioned why that would occur, it seems that the City has grown, were there citizens that did not reply, if there is going to be redistricting it will need to be based on the census figures, or, there may not be a requirement to redistrict. Councilman Boyd said he too was curious as to why that occurred, however District One has undergone significant change in ten years given the number of single family units now in lieu of four, six and eight plexes, what were then apartment units are now two single family dwelling units, which could account for the decline of population, the 1996 population estimate was not necessarily incorrect yet from then to 2001 there has been a demonstratable change in the real estate market with the replacement of multi-units with single family units. Councilman Doane surmised then that redistricting may be necessary as a result of change in just the one district, yet in Leisure World there are fewer vacancies than there has been for a long time. The Mayor responded that the numbers will need to be looked at closely, there are likely units that were once occupied by two persons where there is now one, also before the tax laws changed people could not afford to move but now they can, in many cases however there are one or two residents moving out and a family moving in, the numbers will need to be looked at to see where the changes have occurred. Councilman Yost invited all to attend the Classic Car Show on Saturday. Councilman Boyd said he continues to pursue the issue of full secondary treatment of wastewater with the members of the Sanitation District, he will provide updates for information of the Council, he is soliciting support from other members of the Board who are looking to bring forth a bailot initiative for Orange County with regard to resident payment for secondary treatment, about three hundred to four hundred million dollars, to benefit the coastline. He mentioned too that City Hall is open some fifty hours a week yet the City is open twenty-four hours a day, seven days a week with visitors on the streets and shoreline, at this time Main Street is not in the high season of visitors or tourism but there are visitors. He noted that during his Council term he has noticed that the cleanliness of Main Street has not improved, distributed pictures of the typical trash receptacle situation on a Saturday or Sunday evening, and requested that the Council give direction to the City Manager to resolve the Main Street trash situation, a once a day pickup of trash is not working, there needs to be some other resolution yet there is only a limited amount of money to do so, his contention is that there is a need for Public Works personnel to work on I 4-23-01 / 4-28-01 Saturday and Sunday, the trash situation is not an image that the City wants to portray, Main Street is a jewel of the City, great lengths are taken to preserve its character and charm, that is not done by overflowing trash cans. Question was raised if there are not enough trash cans or is it that they are just not being emptied on the weekends. The response was that the trash contractor collects the refuse on Saturday mornings, if staff determines there is not enough money to resolve the problem they will present that to the Council. The Manager offered to bring back a report for information of the Council. Councilman Larson requested that the Manager review the beach parking lot situation as he was made aware of a person who wished to visit the beach area however there was no one to direct where to park, no direction to the parking ticket machine, the consequence of which was the cost of a parking citation, and the comment of the person was that they would now frequent other beaches. Councilman Larson asked if this is a single incident or have there been others, are more signs needed, inasmuch as the intent is to bring people to the beach. Councilman Doane asked if this is an issue that the Parking Committee could consider, and Councilman Boyd confirmed that the Committee will be making recommendations to the Council with regard to signage and other beach lot issues. Mayor Campbell reported that the College Park Neighborhood Association held its annual Bunny Bash the week before Easter, one of the best events ever, well attended, and expressed appreciation to all who helped. I ADJOURNMENT By unanimous consent, the Council adjourned the meeting until Saturday, April 28th at 9:00 a.m. to meet at the Oakwood Garden Apartments Conference Room for a goal setting workshop with the City Manager. It was the order of the Chair, with consent of the Council, to adjOu~n-;he meeting at 8:13 p.m. I I I clerk Approved: Attest: Seal Beach, California April 28, 2001 I The City Council of the City of Seal Beach met in regular adjourned session at 9:15 a.m. at the Oakwood Gardens Apartments Conference Room, 333 First Street. ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost