Loading...
HomeMy WebLinkAboutCC Min 2001-07-23 7-23-01 Seal Beach, California July 23, 2001 The regular adjourned City Council meeting scheduled for 6:15 p.m. his date was canceled. clerk I Seal Beach, California July 23, 2001 The City Council of the City of Seal Beach met in regular session at 7:11 p.m. with Mayor Doane calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Doane Councilmembers Boyd, Larson, Yost Absent: Councilmember Campbell I Boyd moved, second by Larson, to excuse the absence of Councilmember Campbell from this meeting. AYES: NOES: ABSENT: Boyd, Doane, Larson, Yost None Campbell Motion carried Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Chief Sellers, Police Department Mr. Danes, Director of Public Works/City Engineer Ms. Beard, Director of Recreation, parks, and Community Services Ms. Arends-King, Director of Administrative Services Mr. Cummins, Associate Planner Ms. Yeo, City Clerk I APPROVAL OF AGENDA Councilman Boyd requested that Item "F" be removed from the Consent Calendar for separate consideration, Councilman Yost requested Item "T" removed, Councilman Larson requested Items "R and S" removed, and a member of the audience requested Item "I" be removed. Boyd moved, second by Larson, to approve the recommended action for the items on the Consent Calendar as presented, except Items "F, I, R, S, and T" removed for separate consideration. AYES: NOES: ABSENT: Boyd, Doane, Larson, Yost None Campbell Motion carried 7-23-01 ANNOUNCEMENTS The City Manager announced the appointment of Ms. June Yotsuya to the position of Assistant to the City Manager, described her educational background as well as her experience with regard to the San Gabriel River Master Plan Steering Committee and the Los Angeles River plan. Ms. Yotsuya expressed pleasure at having the opportunityito become a member of the City organization and community and to work with and for the Council. I The Manager also announced the appointment of Mr. Doug Danes as the Director of Public Works/City Engineer. Mr. Danes said he hopes to follow in the footsteps of his predecessor, improve the City's infrastructure and quality of service. In addition, the Manager announced that Ms. Nancy Beard, Director of Recreation, Parks, and Community Services is leaving the City for a like position in the City of West Hollywood. Ms. Beard stated it has been a wonderful five years, she was afforded the opportunity to wear manylhats, said Seal Beach people are unmatchable, she will undqubtedly never see another city like this in her career, and expressed appreciation for her experiences. Councilman Boyd mentioned that the Fish Fry was successful on both Saturday and Sunday, and extended appreciation to those who put it on and the attendees that will hopefully make it a success every year. Mayor Doane noted his reference to the 'Friends Helping Friends Succeed' slogan pins at the last meeting, recognizing people who put forth an extra effort to make this a great City, and in turn presented a 'Friends' pin to Ms. Kim Masoner, Chamber and Business Association President. I PUBLIC COMMENTS Mayor Doane declared. the Public Comment period open. Ms. Sue Corbin, Seal Beach, noted the appointment of the new Director of Public works, suggesting it would have been better to have followed State and federal law to seek applicants, ttis falls under Fair Employment and Housing and State regulations, and spoke cr{tically of projects under the Public Works/Engineering Department, examples, the Starbucks proposal, the driveway adjacent to the cleaners in the 300 block of Main. She mentioned too the Marina Drive bridge project which the Coastal Commission has halted, the groin repair which the Commission ordered to cease and desist but the City continued with the repair, the law needs to be followed just like in any other municipality, claimed that. last year $50,000 was spent for cherrywood paneling and remodeling, money spent illegally while it was being said there was no money to patch the alleys, about a million dollars was spent on Seal Beach Boulevard yet because of inspections and engineering it has been torn out three times, now the road has been patched, there are potholes and there is going to be negotiation with the contractor, it does not seem that the City can get one engineer that is adequate to do the job. Ms. Corbin made reference to the Zoeter property lease where a few years ago a contract was prepared which allows the lessor to purchase the property within a certain time frame therefore next year there is a chance that the City could lose all of Zoeter. She mentioned too receiving an announcement that a wedding reception of a City employee was going to be held in the City Hall courtyard, claimed that there can not be special things for City employees, the same 1 I 7-23-01 I things have to be available to everyone, the person using the facility should have had insurance, paid for equipment used, the laws relating to special privileges need to be followed. The City Manager interjected that the employee did file a special activity request, paid the fees and provided the required insurance, and confirmed that the same opportunity exists for all persons subject to the same review and approval. He noted that one reason this area is such a beautiful location is that this City employee was responsible for installation of the waterfall pond with fish. Mr. Rallie Rallis provided an update on the success of recent Trees group beach party where through ticket sales and donations more than $65,000 was raised, after expenses there is a little over $31,000 available for grant seed money. He thanked the Council for their approval, the residents for their support, the merchants as well for their support through the donation of door prizes, the desire is to hold similar events next year and in years to come if the Council sees fit, this serves to bring the community together and is a source of funds to seek grants to benefit the City. Mr. Rallis said the Committee is formalizing what grants they will be seeking yet have funds available for the balance of this year, before making application they will be working with City staff to prioritize projects and maximize the possibility of receiving the grants. Mr. Rallis was thanked for his efforts. Mr. Bill Ayres, Seal Beach, expressed disappointment upon the announcement that the Recreation Director will be departing this City, said as the Director of the 10K he had the opportunity to work with her for several years, and commended her efforts on behalf of the community. Mr. Ayres expressed disbelief with regard to the proposed amendment to the noise ordinance, stated that in Old Town there are many older properties where people use weekends and holidays to make repairs, under the amendment that would be prohibited, there could possibly be a prohibition on contractors but not on homeowners, unless possibly the homes in areas like College Park East or West or Leisure World where they are newer, however structures built in the 1940's as ~n example take considerable work to maintain which in turn makes for a nice city, many people can not afford to hire a handyman to do small jobs, to prohibit work on Sundays too is not understood as the Sabbath for some is not on Sunday. Mr. Ayres suggested that this ordinance be given further consideration before it has second reading to add clarifying language and be fair to the property owners, especially in Old Town. Ms. Lynn Cartwright, Seal Beach, announced that a petition is being circulated to try to reduce the noise generated from Khoury's restaurant in Long Beach, this issue is difficult to deal with because of the border between Long Beach and Seal Beach. She noted that a similar effort was made in 1996 with two other restaurants that was successful for about four and a half years to reduce noise, litter, etc., however it is seen to be starting again, thus far she has gone to City management seeking their cooperation, to Councilman Colonna, they have been unable to do much, she contacted the management firm that she said also does not want the disturbances, and there is another nice restaurant proposed for the prior McGillycuddy's site. Ms. Cartwright again mentioned the petition and asked for the support of the Council in dealing with this problem. Mr. Bob Eagle, Seal Beach, extended appreciation to the City Manager and Recreation Director for the permission to fulfill a dream of his wife and himself to utilize the City Hall courtyard for their wedding reception. He noted that they had sought other locations for their friends and relatives to join with I I 7-23-01 them after their marriage in the place where he was born and raised, and due to the proximity of their families the courtyard was preferred however it was necessary to reduce their guest list considerably. Mr. Eagle stated that he and his crew developed the landscaping of City Hall in addition to their other projects throughout the community, the courtyard was in fact a dream project to make it a place that people could enjoy where it had been neglected for m~ny years. He again thanked the Council for this opportunity. Mr. Reg Clewley, Seal Beach, made reference to a Seal Beach Boulevard project, stating that the number three lane is terrible, this project was paid for with large sums of money from different sources, inappropriate trees were planted in the median, after the number three lane was done then it was dug up to do sewer repairs, now motorists avoid that lane in fear of being pitched onto the Navy property, claiming this newly paved section of highway is dangerous yet he understands the City is now refusing to hold the contractor responsible, and made comparison to the nice job done on 12th Street for about a like sum of money. Mr. Clewley noted the announcement of the appointment of the new Public Works Director, claiming that was illegal because the position was never posted. With regard to the groin, the concrete wall on the north side of the pier, Mr. Clewley said the Coastal Commission denied the repair work plan, yet the City went forward with the work, asked if the City is above State law, and charged that the City is setting a reprehensible example for the community, State and Nation. He noted that the Marina Bridge project has also been stopped by the Coastal Commission and demanded that the obstacles to traffic on the bridge for the past year and a half for no reason be removed, charging too that Proposition 13 money is proposed to be used for this project which he said he would address at a later time. Mr. Clewley stated that the City should respect the law and that he would expect answers in the newspapers about what the Council is doing. Mr. Steve Masoner announced the Chamber of Commerce sponsored beach cleanup scheduled for Saturday from 9:00 a.m. to 3:00 p.m. as well as the first of two sandcastle building classes. Mr. Don Brown, Seabreeze Drive, said he only knows what he reads in the newsp~pers and upon reading 'Sunday in Seal Beach' relating to the proposed amendment to the noise ordinance his feeling is that the proposal is an infringement of personal rights and suggested that it be re-thought before passing the amendment. There being no further comments, Mayor Doane declared Public Comments to be closed. I I PRESENTATION RESOLUTION NUMBER 4914 - HONORING BATTALION CHIEF LOGAN - RETIREMENT Councilman Boyd read in full Resolution Number 4914 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH HONORING JERRY LOGAN, BATTALION CHIEF FOR ORANGE COUNTY FIRE AUTHORITY." Chief Logan introduced his wife and expressed appreciation to Councilman Boyd, the Council, staff and citizens of the community for the recognition, noted that after forty-four years in the fire service his retirement will be a challenge to his life style, every day will be a Saturday. The Chief offered that he has enjoyed working in Orange County and in Seal Beach and will continue his residence in Huntington Beach to be near the beach. Resolution Number 4914 was adopted by unanimous consent of the Council. I 7-23-01 CONSENT CALENDAR - ITEMS "B" thru "T" Boyd moved, second by Larson, to approve the recommended action for items on the Consent Calendar as presented, except Items "F, I, R, S, and T", removed for separate consideration. Il: Il B. 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 the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. C. Approved the minutes of the re&ular adjourned and regular meetings of July 9t, 2001. D. Approved regular demands numbered 33643 through 33825 in the amount of $562,410.00, payroll demands numbered 12443 through 12640 in the amount of $193,634.05, payroll liability account 9000629 through 9000639 in the amount of $77,474.06, and authorized warrants to be drawn on the Treasury for same, noted also that checks numbered 33330 through 33642 will be submitted at a future Council meeting. E. Authorized the Mayor to sign the letter in support of Senate Bill 424 (Feinstein), the Earthquake Loss Reduction Act of 2001, received and filed the status report, and instructed staff to forward this item to the Planning Commission for information purposes. I G. Adopted Ordinance Number 1475 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH DETERMINING THE FEDERAL 2000 CENSUS DOES NOT REQUIRE REDISTRICTING OF CITY COUNCIL DISTRICT BOUNDARIES AS ESTABLISHED PURSUANT TO ORDINANCE NO. 1344." By unanimous consent, full reading of Ordinance Number 1475 was waived. H. Adopted Ordinance Number 1476 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING ARTICLE III OF CHAPTER 2 OF THE CODE OF THE CITY OF SEAL BEACH" (Purchasing System). By unanimous consent, full reading of Ordinance Number 1476 is waived. J. Received and filed the Monthly Investment Report for May, 2001. K. Approved the renewal of the Parking Agreement between the Grace Community Church and the City for use of the 8th Street City Hall parking lot, the Agreement for a term of one year, expiring June 30, 2002. I L. Adopted Resolution Number 4915 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING REVISIONS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution 7-23-01 Number 4915 was waived. M. Adopted Resolution Number 4916 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING AND FILING THE ANNUAL STATEMENT OF INVESTMENT POLICY AND GUIDELINES FOR THE FISCAL YEAR 2001/2002." By unanimous consent, full reading of Resolution Number 4916 was waived. I N. Authorized the City Manager to transmit a letter to the Orange County Public Library confirming the City's agreement to utilize $18,419 unallocated Mary wilson Library funds for a half time Library Assistant and the refurbishing the library's furniture. O. Approved the proposed West Orange County Water Board budget for fiscal year 2001/2002. P. Adopted Resolution Number 4917 entitled "A' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING AND APPROVING THE ORANGE COUNTY FLOOD CONTROL DISTRICT PROJECT TO IMPROVE THE BOLSA CHICA CHANNEL PHASE II." By unanimous consent, full reading of Resolution Number 4917 was waived. Q. Adopted Resolution Number 4918 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 #49673, CONSTRUCTION OF THE ANNUAL PAVEMENT REHABILITATION ENTERED INTO BETWEEN R. J. NOBLE COMPANY AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4918 was waived. I AYES: NOES: ABSENT: Boyd, Doane, Larson, Yost None Campbell Motion rarried I 1 CONSTRUCTION/ ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F" - ORDINANCE NUMBER 1474 - NOISE MAINTENANCE ALLOWABLE HOURS Councilman Boyd noted this is the proposed ordinance relating to noise that was the subject of an article published this past weekend in an Orange County newspaper. He stated that he continues to agree with the request of Councilmember Campbell to limit the hour to begin construction to 8:00 a.m. rather than 7:00 p.m. on Saturdays however disagrees that construction activities should be prohibited on Sunday and holidays, to him that is a privilege of home ownership and/or the privilege of living in a residence, as mentioned, there are a number of older homes in the community and often Sunday or holidays are the only days residents can do projebts. I I Councilman Boyd moved to approve the Ordinance as amended however that the language of the last sentence of l3D-7(e), 'and do not take place at any time on Sunday or local, State or Federal holidays,' be deleted. Councilman Yost asked if he would be in favor or allowing things such as sandblasting, major machinery, professional contracting, grading, etc. to take place on Sundays or is the intent homeowner repairs, his concern would be with allowing professional construction activities on Sunday. Councilman Boyd said he would'tend to agree that those activities should be limited, possibly at 7-23-01 I this time only the hours should be amended, or, postpone action until some clarifying language can be proposed. The City Manager said he believed the area of dispute is the suggestion of Councilmember Campbell that was delayed, in fact it was Section l3D-7(e) that dealt with home maintenance and improvements, the ordinance before Council relates to construction activities. The Director of Development Services mentioned that Section l3D-7(e), which is before the Council for consideration, is a provision of the Code that staff interprets as relative to contractor driven projects, the following Code Section (f) relates to maintenance activities which can be done on a Sunday between 9:00 a.m. and 6:00 p.m., that is considered to be activities that a homeowner would do, such activities can also be done on a Saturday between 7:00 a.m. and 8:00 p.m., what was discussed at the last meeting was to change the Saturday hour to 8:00 a.m. as well, also explained that as the Code is constituted now and has been for many years, it allows maintenance on all types of properties by the owner of the property from 9:00 a.m. to 6:00 p.m. on Sunday or local, State or Federal holidays, from the staff viewpoint there has been no move to change that. Councilman Boyd read the first part of Section l3D-7(e) 'Noise sources associated with construction, repair, remodeling, or grading of any real property', the language leaves too much to interpretation, he would be agreeable to amend the Section to more narrowly define what it means without intruding on the ability of people to maintain or do things to their property, example, how do you define 'remodel' of property. The Development Services Director explained again that the way subsection 'f' has been interpreted by staff is that that would be a homeowner undertaking without a contractor doing the work, for years the interpretation of 'e' is that contractor work should not occur on a Sunday or holidays. Councilman Yost deemed the news article then as being inaccurate, however he would not want to deny someone the use of a hammer, etc. on Sunday yet he would not necessarily want to have a sandblasting project take place. The Director mentioned that if it were a homeowner that wanted to do some sandblasting on a Sunday or holiday then that activity would be allowed even though it may be a rare occurrence, and offered to provide clarification of the Section if that is felt to be appropriate. Councilman Larson stated his desire would be to have both sections l3D-7(e) and (f) come back with clarifying language, Councilman Boyd agreed that it should be self- explanatory rather than subject to interpretation, and withdrew his initial motion. I Yost moved, second by Boyd, to defer action on this item and that staff be directed to bring back Sections l3D-7(e) and (f) with clarification of one applying to contractors the other to homeowners or tenants. I AYES: NOES: ABSENT: Boyd, Doane, Larson, Yost None Campbell Motion carried ITEM "I" ENERGY CONSERVATION PLEDGE Mr. Gordon Shanks, Surf Place, noted the intent of this Pledge is that the City will work towards the reduction of electricity use by up to fifteen percent, that is likely through a recent action to replace air conditioning, heating units, lights, etc., however the public should be made aware that the City is making this conservation effort, the public too should look to replacement of old appliances, etc. for 7-23-01 more energy efficient units. adopt the Energy Conservation by up to fifteen percent from buildings and facilities, and conservation in the City. Boyd moved, second by Doane, to Pledge, reduce electricity use last year's usage in government encourage energy efficiency and AYES: NOES: ABSENT: Boyd, Doane, Larson, Yost None Campbell Motion carried I ITEM "R" ANAHEIM CHANNEL DEBRIS REMOVAL / PLANTING PROJECT NUMBER 49995 Councilman Larson suggested that this entire project be abandoned, it is not City property, not a City project, the City did not cause it, is not spending money on the project, yet everyone wants to get involved and tell the City what to do even though the City is merely trying to clean up'the debris that was left behind, let the owner of the property clean it up. Councilman Boyd said he would like to ~gree however stated the area has been in its present cond~tion since 1966, that is why he requested a State grant, the granting of which was successful, acknowledged that the cleanup is the responsibility of the Navy and CalTrans yet he would not like to see the debris remain any longer. Mention was made by Councilman Larson that there still may not be enough money. The Director of Public Works responded that initially there was $75,000, the bids received in March were too high, it was felt that the contractors had concern with the planting phase of native plants, at this point the project has been split into two phases, one for the debris removal, one for the planting, by doing that it is hoped that the prices will be lower and a contractor markup will not be realized for the planting, the plan is to go to the maximum funding allowable which is $117,500. He noted that a meeting will be held in two weeks with the environmental and funding staffs of CalTrans to basically set the tone and obligate the funds, the staff report points out that CalTrans could still place attachments to the State funding, staff however is working diligently and creatively to bring this proj~ct to fruition. It was pointed out that there is no fiscal 'obligation on the City, the grant is the result of the efforts of the former Assemblyman. Councilman Larson said this needs to be dependent upon there being no General Fund money or funds taken fr,om any other needed City projects just because someone else is asking that more money be spent on their project. I Councilman Boyd moved to approve the plans and specifications for the Anaheim Channel Debris Removal, project Number 49995, and authorized the initiation of the bidding process. Councilman Yost agreed with Councilman Boyd that the City needs to take care of certain things when possible that have an impact on the community otherwise they will not be done, however he would not like to see the staff spend an . inordinate amount of time on this project. AYES: NOES: ABSENT: Boyd, Doane, Larson, Yost None Campbell I Motion carried ITEM "S" - PLANS and SPECIFICATIONS ALLEY UTILITY REPLACEMENT PROGRAM (WATER and SEWER I - 019-49820-062 and 043-49813-060 Councilman Larson said he understood that there were: a number of problems with a previous alley replacement contractor, 7-23-01 I sometimes they are listed as not a responsible bidder and no longer used, to which he inquired if staff is looking at that to make certain there are not similar extras for upcoming projects. The Public Works Director mentioned that this past year the State legislature passed pre-qualification laws that are being looked into because of the experience that the City has been having, noted that the specifications have been thoroughly reviewed, upon receipt of bids references and bonds are checked, however sometimes it is difficult to reject a contractor as being non-responsive or non- responsible as they can in turn seek legal action claiming award of an illegal contract. Councilman Larson moved the approval of the plans and specifications for the Alley Utility Replacement Program as submitted, and a budget amendment reappropriating remaining funding from 2000/2001 capital improvement accounts 019- 49820-062 and 043-49813-060 into the fiscal year 2001/2002 capital improvement program. Councilman Boyd seconded the motion, and expressed appreciation to staff for their efforts towards the replacement of the 13th/14th Street and l4th/'15th Street alleys between Electric Avenue and Pacific Coast Highway. AYES: NOES: ABSENT: Boyd, Doane, Larson, Yost None Campbell Motion carried I with regard to the award and construction time frame, the Public Works Director responded that the projects will be advertised in July, bids opened and awarded in mid-August and late August, with construction from October to December. I ITEM "T" - CONTRACT AWARD - WEST END PUMP STATION - NATURAL GAS ENGINE Councilman Yost noted that this relates to the West End Pump Station that is located in the vicinity of the Trailer Park and Oakwood Apartments where an explosion of one of the pumps occurred during the winter storm which in turn impacted the operation of the second pump, his concern is that with the rebuilding that the mechanism for the second pump is not placed in the same enclosure as the first pump. The Public Works Director explained that this is an interim project, the County has provided the City with two Waukesha engines, there is however $3.2 million of Redevelopment Agency monies to increase the size and capacity of the pump station and do some water quality improvements of things flowing into the pump station, with this project interim dialers and other mechanisms are being installed to assure the safety of the public. Councilman Yost inquired as to integration of any other water quality measures inasmuch as at present the urban runoff is being pumped directly into the San Gabriel River with minimum filtering. The Director noted that staff is looking at pumping low flows into the sanitary system of the Orange County Sanitation District also some type of hydromanic structure or stormceptor so that the solids would be filtered out before being pumping into the channel. Yost moved, second by Boyd, to award the construction contract for the mechanical work at the West End Pump Station to Stewart and Stevenson in the amount of $35,031.14, and authorized the City Manager to execute the contract. 7-23-01 AYES: NOES: ABSENT: Boyd, Doane, Larson, Yost None Campbell Motion carried I Councilman Boyd mentioned that it was Battalion Chief Logan that was incident commander at the pump station fire. I PRESENTATION - SAN GABRIEL AND LOWER LOS ANGELES RIVERS and MOUNTAINS CONSERVANCY Mr. Bobby Cochran, Rivers and Mountains Conservancy, expressed appreciation to Cons~rvancy Boardmember Yost and the City Manager for inviting this presentation. Mr. Cochran noted that in 1999 when the Conservancy was first created part of the agreement was that an Open Space Plan would be prepared for the area, that Plan is in the process, a full draft of the Plan has been released with comments due by August 6th. Mr. Cochran commenced the Conservancy presentation. . I There was a time when the San Gabriel and ~os Angeles rivers flowed free and the land was crowded with trees, grapes, and native roses, settlers arrived and built farms and homes close to the rivers, winter rains engorged the rivers and homes and businesses were flooded, to protect people and property from flooding the rivers were lined with concrete and hidden behind walls; . Uncoordinated development continued to reduce open space, threaten habitat, degrade water quality, and increase stormwater runoff, instead of traditional solutions to these problems new priorities can be adopted to maintain flood protection, preserve open space, improve water quality, and ensure habitat conservation; I . To achieve this vision a new approach to planning is required but one must act now to protect, restore, and improve the natural resources before critical opportunities are lost; . For most people the Los Angeles region is defined by political boundaries in the built environment including the freeways and highways that connect the cities, but there are other ways to look at the region, the double watershed of the San Gabriel and Los Angeles rivers provide natural boundaries for planned, coordinated solutions to regional problems, when the network of rivers and streams is displayed an extensive natural system emerges, one that was here before political boundaries were drawn and the roads were built; . , To provide a comprehensive vision for solutions to the regional problems, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy and the Santa Monica Mountains Conservancy have jointly developed a Watershed and Open Space Plan, the Plan represents a partnership between the State, cities, counties and federal government with a goal of identifying common ground; I . The Plan has five major elements, a vision, guiding principals, strategies, opportunities, and plans; 7-23-01 . Transformation requires a vision, common ground advocates the creation of a network of livable, sustainable communities, this means restore balance to the watersheds; . This vision is reflected in guiding principals which are the heart of the Plan, the principals have three guiding themes, grow greener, enhance waters, and plan together, together these three concepts will help to restore balance; I . Each of the concepts can be explained further, to grow greener there needs to be expansion to open space, create a network of trails and bikepaths, open space wherever feasible, increase and expand habitat, and incorporate sustainability concepts into future development; . To enhance waters there is a need to maintain and increase flood protection, improve water quality, create riverfront greenways, optimize water resources, and restore river and stream ecosystems; . To plan together there needs to be coordination of planning across jurisdictions, involve the public through education and outreach, use the guiding principals to engage in multi-objective planning, use science as a basis for planning, review plan progress and revise if necessary; I . Principals are not enough, the Conservancies need to adopt a range of strategies so that the guiding principals are put in practice, those include education and outreach, foster partnerships, increased funding for open space, and encourage the widest use of the guiding principals; . Existing facilities need improvements, land must be protected and acquired, public lands must be managed consistently, and plan progress must be subject to periodic monitoring and assessment; . With these strategies the State Conservancies can take advantage of a range of opportunities that fall into four broad categories, connectivity, open space, wildlife, and water; . Connectivity embraces the concept of parkways along the rivers, open space along the tributaries, and a network of trails and bikepaths; . Open space refers to the land in the mountains, fills, and foothills, individual parcels in urban areas, community gardens, and private lands such as teaching residents how their backyards can provide habitat and filter stormwater runoff; I . wildlife includes the protection of land for habitat or to provide wildlife corridors and the preservation or restoration of wetlands; . Water includes the maintenance of flood protection and the protection and enhancement of surface and groundwater quality; 7-23-01 . By taking advantage of immediate, on-going funding opportunities the Conservancy will work with cities and agencies to identify and help fund projects; . The State Conservancies will identify partners to assist in the development of longer range plans that also includes specific projects for cities and agencies; ,I . Some of the concepts in this Plan will not be realized without more concerted planning and common ground suggests the need for five more detailed plans, river parkways, tributaries, trails and bikepaths, mountains, fills and foothills, and habitat preservation; . To provide continuous green ribbons of open space from the San Gabriel mountains to the Pacific Ocean, this concept will also be studied by the National Park Service in proposed legislation introduced last week; . Tributaries would also provide open space along each of the tributaries, plans for this concept could be accomplished through subwatershed plans which are in progress or will begin this fall on six of the eleven subwatersheds in the San Gabriel and Los Angeles Rivers; . A comprehensive system of trails and bikepaths require review of existing plans by the ' Metropolitan Transportation Authority and the Orange County Transportation Authority to assure that river parkways and paths along tributaries are included; I . A comprehensive assessment of mountains, fills and foothills may be necessary to determine which areas require protection and preservation given the wide areas that should be considered; . . Habitat preservation includes both the concept of preserving special areas for wildlife as well as identification of corridors that are vital to species migration and genetic diversity; . In conclusion, we can preserve, restore, and enhance the rivers, mountains, parks, and open space through a comprehensive Plan that will improve water quality, preserve habitat for wildlife, and reduce the potential for floods, and in doing so promote a better quality of life. Mr. Cochran stated that comments on this Plan are presently being reviewed, a draft Plan was presented to the City Manager, and the City Clerk was provided copies of fliers that invite the public to look at the Plan on the Conservancy website. I Councilman Boyd asked if a copy of the Plan had been provided to the Orange County Harbors, Beaches, and Parks Commission, the response was that it had not, rather to the Resources Environmental Program. The Mayor noted that the Council had been provided copies, the Plan sounds like a dream but certainly there will be obstacles. Mr. Cochran responded 7-23-01 I that if one looks at some of the things outlined in the Plan it can not really be called a five year Plan, realistically one is looking at twenty to fifty years before it can all be realized, it is on-going, obstacles, at this point people are accustomed to working on projects in their own areas, with this the momentum is beginning to start working together, that seemed to be a clear mandate from the Conservancy governing board as well as the founding legislation, that it is now time to get the counties and cities together, community groups and residents too, to take a stand and say that rivers are no longer the dividers of communities as it is the rivers that link communities together between the mountains and the sea, between this community and that community. Mayor Doane asked if there are groups that do not approve of this concept and Plan. Mr. Cochran stated at this point no, when the guiding principals were first established there were groups in some of the cities that took issue with some of the language, specifically concerns with taking out concrete, regulations, yet with the assistance of the . Attorney General and by talking to people a lot of the concerns have been addressed. Councilman Yost stated he is one of the two Orange County representatives to the Board, there are eleven cities in Orange County that are a part of this even though the bulk of the area is in Los Angeles County, he has been proud of being a part of this even before the legislation was actually approved, initially there was a combination of bills between Assembly members Salinas and Havice, they were both helpful in including water quality language which was a specific concern as it relates to what ends up in the River and then on this beach, a cost of about a quarter million dollars a year with eighteen beach postings and ten full closures over the last twelve months. Councilman Yost said this Plan, designed as an open space plan, is really a mechanism for acquiring and managing open space and restoring land to a way in which it is used by the public, this is the first urban Conservancy, most of the other Conservancies are in areas that are not yet fully developed where the Los Angeles and San Gabriel River areas are fully developed, this works to undevelop them to some degree without creating problems with flood control and other issues. He said if people have questions about how a project gets submitted, page eighty-eight of the Plan sets forth project criteria, an effort made to objectify how projects are examined, proposed projects were purposely left out of the Plan because this is viewed as a living document for which projects may come and may go, this is somewhat of a movement whereby the rivers are no longer dividers between counties and communities, rather places where people meet, he and Councilman Colonna of Long Beach both have similar concerns with water quality, wetland restoration, and other interests, possibly this can change the thinking of the public. I I Councilman Yost move to receive and file the report and authorize the City Manager to transmit the comment letter from the City. Councilman Boyd seconded the motion. Mayor Doane emphasized that this City does support this effort, also, an ad-hoc committee has been appointed to assure that Seal Beach does not contribute in any way to pollution. Mr. Cochran invited the Council and public to contact him with any questions, Councilman Yost did so as well. To a question of the Mayor, Mr. Cochran stated that the headwaters of the San Gabriel River are in the Angeles National Forest, flowing through Azusa to Seal Beach, an 7-23-01 approximate thirty-seven miles. Councilman Yost said he actually represents the Orange County League of Cities on the Conservancy, it is just fortunate that he has the opportunity to represent the City's interests, also, as part of the legislation, the cities do maintain local control as ,to what transpires in their particular area. AYES: NOES: ABSENT: Boyd, Doane, Larson, Yost None Campbell Motion carried I ORDINANCE NUMBER 1477 - SPECIAL EVENT PERMIT POLICY The Associate Planner presented the staff report, explained that this item will adopt procedures for special events upon adoption of Ordinance Number 1477. He noted that in the past the City has delegated the issuance of special event permits to the City Manager however it has been determined that it would be best to include the procedures in the City Code, the proposed Ordinance basically reflects the procedures that have been followed for a number of years, and mentioned that a Council policy Statement has also been prepared that sets forth the types of events that have typically been approved in the past. The Associate described in brief the review process with the acceptance of a completed application, review commences by the City Manager or designee thereof, notification to residents and/or owners within one hundred feet of the subject property, after the comment period the City Manager or designee renders a decision, the applicant would have the opportunity to app~al the decision to:the Council, the decision of the Council would be final. He mentioned that special events are proposed to be limited to four times in anyone year, as has been past policy. Councilman Boyd asked if special events or live entertainment permits for restaurants and businesses on Main Street would be limited to four annually. The response was yes. Councilman Boyd expressed some concern with the limit of four special events per year, the Chamber as an example has special events of which the City is supportive, possibly six to eight times a year would be more reasonable. The I Mayor said possibly there should be further definition as to what the special events are. Ms. Sue Corbin, Seal Beach, ,asked that this item be tabled, there has been no public discussion of the matter, and described her interpretation of past and present processing procedures for special events. Councilman Boyd noted that the Ordinance as well as the policy cites four privately held events in a calendar year without the necessity of a CUP or other land use entitlement, his concern would be that possibly this would limit events that the City would like to encourage, his suggestion would be possibly six to twelve such events depending upon the applicability to the community. The Manager mentioned as an example that restaurants requesting unamplified music are currently limited to four such events, Chamber events would be, different in that they are most often held on publicI property, noting that if the number of events were to be increased to six or eight one might as well seek a Conditional Use Permit. Councilman Boyd said he could support this if the events were increased to six, that would seem to be fair. I I Boyd moved, second by Doane, to approve the introduction of Ordinance Number 1477 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REGADING SPECIAL EVENTS AND ADDING A NEW CHAPTER 19E TO THE CODE OF THE CITY OF SEAL BEACH" as amended to reflect six special events annually rather than four. To a I 7-23-01 question of Councilman Larson, the City Attorney explained that exceptions to the special event regulations are cited in Section 19E-2 of the Ordinance, this does not apply to parades, political rallies or similar constitutionally protected expressive activities, etc. I AYES: NOES: ABSENT: Boyd, Doane, Larson, Yost None Campbell Motion carried POLICY AND PROCEDURE MANUAL The City Manager noted that the Manual contains policies of the City that are now in written format and stated that they will be followed, they do not reflect any change in City Council policies at this point in time, however new policies can be adopted at any time as well as amendments or deletions, the intent too is an annual review. The Mayor noted that the Ordinance considered in the prior item was accompanied with a policy to be included in the Manual. Councilman Boyd stated he has been a proponent of a POlicy Manual for a couple of years, this basically translates provisions of the City Code into applicable language for the staff and public to read and understand how the City is operated. He suggested that the Manual be made available at the local libraries as well, Boyd moved, second by Doane, to receive and file the Policy Manual as presented. AYES: NOES: ABSEY,T : Boyd, Doane, Larson, Yost None Campbell Motion carried I CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The City Manager stated that contrary to the belief of some, the Marina Drive Bridge will be considered by the Coastal Commission on August 7th, the City has not as yet received the staff report, a positive recommendation is anticipated, and once the report is received it will be forwarded to Council. I COUNCIL COMMENTS Councilman Yost reported receiving some comments from persons in his neighborhood with regard to the noise issue related to the Crab Pot in the Long Beach Marina, possibly staff could look into the complaint presented to Council, and noted that a prior visit to a Long Beach City Council meeting with local residents relating to a previous restaurant operation did prove to be somewhat successful. Councilman Boyd expressed his feeling that the City should take a more proactive position in that it was learned about a year ago that there are plans for major renovation of that area which would have an even greater impact on Seal Beach residents. With regard to comments relating to the groin repair, Councilman Boyd stated it was emergency repair, not something that had been planned over time, there was no intent to close the pier in mid-summer except for this emergency repair to assure the stability of the sea wall as well as the pier itself, appreciation expressed to staff for having the work done in a most timely manner. With regard to the noise complaint at the Alamitos Bay Marina, Councilman Doane mentioned that this City had a problem with the Hennessey's restaurant when it was located across from its present location, the City worked with their management, one of the managers that did not 7-23-01 1 8-13-01 cooperate with the City was relieved of his position by Mr. Hennessey, their objectionable activities were no longer, 'therefore working with management can be done. With/regard . to his 'Friends Helping Friends' recognitions, Mayor Doane welcomed recommendations from members of the community of future deserving recipients. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until August 13th at 6:30 p.m. to meet in Closed Session if necessary. By unanimous consent, the meeting was adjourned at 8:40 p.m. I clerk Approved: /1~N~ f/J' ~a~ Attest: Seal Beach, California August 13, 2001 I The City Council of the City of Seal Beach met in regular adjourned session at 6:30p.m. with Mayor Doane calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Doane Councilmembers Boyd, Campbell, Larson, Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk The City Attorney advised that anyone wishing to speak to the items listed on the agenda could do so at this time. No one addressed the Council. 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 with regard to two potential cases of litigation pursuant to Government Code Sections 54956.9(b) and (a), and a conference with the labor negotiator relating to Confidential, Supervisory, Professional & Technical Employees and Management/Mid- Management Employees pursuant to Government Code Section 54957.6. The Council adjourned to Closed Session at 6:31 p.m. and reconvened at 7:05 p.m. with Mayor Doane calling the I