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HomeMy WebLinkAboutCC Min 2001-01-22 1-16-01 I 1-22-01 ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson Absent: Councilmember Yost Councilman Yost arrived at the meeting at 4:01 p.m. I Also present: Mr. Barrow, City Attorney Ms. Yeo, City Clerk Mr. McIntyre, Interim City Manager, was present awaiting the City Council for Closed Session. The City Attorney announced this would be the time for any member of the audience to speak to the item listed on the agenda. CLOSED SESSION By unanimous consent, the Council adjourned to Closed Session at 4:03 p.m. and reconvened at 5:20 p.m. The City Attorney reported the Council had met in Closed Session to discuss the item on the agenda, gave direction to the Interim City Manager, no other reportable action was taken. ADJOURNMENT It was the order of the Chair, with consent of Council, to adjourn this meeting until Monday, January 22nd at 6:00 p.m. to meet in Closed Session. By unanimous consent, the meeting was adjourned at 5:22 p.m. I clerk Approved: ~~/;;ot~MJ / Attest: / r ~ City Seal Beach, California January 22, 2001 The City Council of the City of Seal Beach met in regular adjourned session at 6:01 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 Absent: councilmember Yost 1-22-01 Larson moved, second by Boyd, to excuse the absence of Councilman Yost from this meeting. AYES: NOES: ABSENT: Boyd, Campbell, Doane, Larson None Yost Motion carried I Also present: Mr. Barrow, City Attorney Ms. Yeo, City Clerk The City Attorney announced this to be the opportunity for members of the audience to speak to the item identified on the agenda. No comments were made. CLOSED SESSION By unanimous consent, the City Council adjourned to Closed Session at 6:02 p.m. to discuss the item identified on the agenda, Public Employee Employment, City Manager, pursuant to Government Code Section 54957. The Council reconvened at 6:20 p.m. with Mayor Campbell calling the meeting to order. The City Attorney reported that the Council had discussed the item identified on the agenda, by a unanimous vote with one member of the Council absent, authorized the execution of a contract to employ John B. Bahorski as the City Manager effective February 26th, no other reportable action was taken. He noted that copies of the contract would be available after its execution, likely Tuesday afternoon. I ADJOURNMENT By unanimous consent, the Council adjourned the meeting at 6:23 p.m. Approved: ~{/jj;'j~lf ~ Attest: I Seal Beach, California January 22, 2001 The City Council of the City of Seal Beach met in regular session at 7:03 p.m. with Mayor Campbell calling the meeting to order. Brownie Scout Troop 1051 presented the Salute to the Flag. Councilman Boyd presented each member of Troop 1051 with the Girl Scout Partnership for Trust in Government and Flag Ceremony patches. It was explained that the Troop was wearing a sticker to bring attention to the upcoming sale of 1-22-01 Girl Scout cookies. Each member of the Troop introduced themselves and a photo was taken of the Troop with the Councilman. Appreciation was expressed for the attendance of Troop 1051. ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson I Absent: Councilmember Yost Doane moved, second by Larson, to excuse the absence of Councilman Yost from this meeting. AYES: NOES: ABSENT: Boyd, Campbell, Doane, Larson None Yost Motion carried APPROVAL OF AGENDA Mayor Campbell stated that Item "L", the appeal of CUP 98-18, Hennesseys, was being continued to the meeting of February 12th. Councilman Boyd noted an item to be added to the agenda which came to attention after the posting of the agenda, the award of a contract for the removal of debris from the Anaheim Bay Channel, Project Number 995, to be identified as Consent Calendar item K-l. Campbell moved, second by Boyd, to approve the order of the agenda as revised. AYES: NOES: ABSENT: Boyd, Campbell, Doane, Larson None Yost Motion carried I ANNOUNCEMENTS Mayor Campbell expressed pleasure to have the opportunity to introduce Mr. John Bahorski, the newly selected City Manager, and his wife Carrie. Mr. Bahorski thanked the Council for the opportunity to work in this community. The Mayor read in full a press release relating to the new City Manager. The Mayor read an announcement relating to the California energy crisis, what means the City is taking and residents can take as conservation efforts, and advised that a briefing paper on the electricity situation, prepared by the League of California Cities, was available from the City Clerk. On behalf of the Chamber of Commerce and Seal Beach Business Association, Councilman Boyd announced their sponsorship of upcoming beach clean-ups on the fourth Saturday of each month commencing at .noon at the 1st Street beach parking lot, the first to occur on January 27th, the second February 24th. PUBLIC COMMENTS Mayor Campbell declared public comments to be open. Mr. Walt Miller, owner of property at 229 Seal Beach Boulevard, resident of Long Beach, said he believed that the Council was provided a copy of his letter requesting to be placed on the agenda. Mr. Miller stated he came to the City to make application to build on his property, however was told that because of a particular Code section he would not be able to build, his belief has been that the Code provisions for the Limited Commercial Zone, specifically 28-ll56(c)(1), were well written however the interpretation of the Section apparently has two meanings, his reading is one way, the City I 1-22-01 I another, the City Attorney was asked to review the Section and determined in agreement with the City. Mr. Miller said the section consists of two sentences, the first addresses lot coverage based on a floor/area ratio of .9 for lots under 5,000 square feet, the second sentence addresses lots over 5,000 square feet. As an example, using the .9 ratio, for a lot of 5,000 square feet the maximum floor area would be 4,500 square feet, then for lots of 5,000 square feet or more the ratio changes to .75 which would be floor area of 3,750 square feet, therefore if the lot were 5,001 square feet the maximum floor area would be 3,750 square feet, if the lot is 4,999 square feet the maximum floor area is 4,500 square feet, which is larger non-residential than a lot of 5,001 square feet. He noted an additional phrase that says a maximum but not less than 4,500 square feet if the lot is over 5,000 square feet, and questioned where the 4,500 square feet came from, the .9 floor/area ratio for 5,000 square foot lots, to him that is clear, the modification of the not less than 4,500 square feet basically modifies the maximum .75, an inequity between the square footage of lot size, however, since the attorney has supported the City interpretation of the not less than 4,500 square feet, that means he would be required to build a 4,500 square foot non-residential structure on a 5,000 square foot lot, an impossibility that he does not believe was meant to be. Mr. Miller said his only recourse is to come to the Council, bring in his expert and legal counsel to present the situation, that is not his desire however would request that this matter be placed on a future agenda, yet given discussions with the City Attorney and should this be resolved prior to then it could be removed from the agenda. The City Attorney offered that this matter can not be resolved this evening, however should the Council desire that this matter be placed on a future agenda the staff could prepare a report for that time, or as said, if resolved can be removed from the agenda. Mr. Miller noted that he will be unavailable until February 23rd. Mayor Campbell conveyed the direction of Council for staff to meet with Mr. Miller and try to resolve this issue prior to coming back to the Council. Ms. Robin Fort-Linke, PEG Coordinator for Seal Beach, said on behalf of the volunteer public access producers she wished to extend appreciation to the City and the Cable Foundation for providing the opportunity for community television in Seal Beach. Ms. Fort-Linke stated that the Cable Foundation has been a member of the Alliance for Community Media for the past thirteen years, a national organization that provides information and guidance to PEG facilities such as is in Seal Beach, this includes equipment ideas, programming, promotion, information on current legislation and first amendment issues. She mentioned that each year the Alliance holds a conference with seminars and workshops for its members to meet, learn, and exchange ideas, at the conclusion of the conference the annual WAVE award ceremony is held, announcing the programs chosen as finalists and the winners. She explained that WAVE stands for Western Access and Video Excellence, sponsored by the western states region of the Alliance, the members committed to promoting excellence in public, education, and government access throughout the region, this also an opportunity to see the types of programming being produced by other PEG facilities throughout the country. Ms. Fort-Linke mentioned that the Seal Beach volunteer public access producers have been WAVE award finalists or winners for the past ten years covering various subject matters, each year a host site for the conference is selected by the western states region Alliance board as well as designated judging sites, hundreds of I I l-22-0l . programs are submitted in the twenty-seven categories available, then distributed to the undisclosed judging sites. Ms. Fort-Linke announced that the finalists for year 2000, representing programming in Seal Beach, are kids, and for their introduction she turned the presentation over to Russ Bowman who, in addition to his contributions as a volunteer public access producer, is the chief engineer for the Cable Foundation, television instructor at the new Orange County School of the Arts, and for approximately five years has conducted a video production class for children through the Parks and Recreation Department, the year 2000 WAVE program was actually produced by four of the children under the guidance of Mr. Bowman in his most recent class. Mr. Bowman mentioned that since the beginning the cable company has limited community television to people over eighteen years of age, over the years he has looked for ways to include younger people and expressed appreciation to Ms. Fort-Linke, the Cable Foundation, and the Recreation Department for their assistance to allow children to create their own community programming. Mr. Bowman presented WAVE awards to Lollie Spindler and Nicole St. Orner-Roy for their excellent production, he recognized also the other members of the crew, Ryan MCEniry, Matt Craig, Travis Bass, and Eric Stromlund, explaining that in addition to set design and lighting every production takes camera operators, technical directors, tape operators, audio mixers, and computer graphics operators. Mr. Bowman expressed his pride in the work of all and encouraged them to continue. Mr. Jerry Tone, representing Hellman properties, extended his welcome to the new City Manager, Mr. Bahorski. Mr. Tone said he was present to provide an update as to the status of the Hellman Ranch, Coastal Commission, etc., reported that considerable progress has been made since the project approval by the Commission in October, of prime importance is that after talking with a number of organizations, as reported to this body and the Commission, his expectation was that the wetlands project would move forward quickly, Hellman is working closely with the wildlife Conservation Board, the land acquisition arm of the Department of Fish and Game, the Council has been provided a copy of a letter from the regional director of the Wildlife Conservation Board advising that they are about to choose an appraiser to commence the appraisal process for the project, it is exciting to see this first step of a long process of which he wanted the Council and community to be aware, and that he will continue to provide status reports. Given the potential of this being a long process, question was posed if there is any time frame estimates. Mr. Tone responded that in the best case scenario it could be through the end of the year, quality appraisals take considerable time, there are review periods in the State process, the Board meets quarterly, it is hoped to be on their calendar towards the end of the year, generally it takes one to two months to receive approval, conclusion a year from now would be good. Mr. Tone mentioned that throughout the process they will be looking for other partners, the opportunity for other agencies to assist in this process as it will be complex, his anticipation is that there will ultimately be a project. I I I COUNCIL ITEMS AD HOC PARKING COMMITTEE APPOINTMENT Councilman Boyd stated he was holding over the District One appointment until the next meeting. 1-22-01 CONSENT CALENDAR - ITEMS "c" thru "K-l" Boyd moved, second by Larson, to approve the recommended action for items on the Consent Calendar as presented. I C. 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. D. Approved the minutes of the regular adjourned meetings of December 20, 2000 and January 5, 200l, the regular adjourned and regular meetings of January 8, 2001, and the special meeting of January 16, 200l. E. Approved regular demands numbered 30741 through 30840, 30843 through 30862 in the amount of $189,232.31, payroll demands numbered 10519 through 10661 in the amount of $161,692.32, payroll liability account 9000476 through 9000488 in the amount of $81,064.75, and authorized warrants to be drawn on the Treasury for same. F. Declared the Kodak 235 analog copier to be surplus and authorized disposal of same through auction. I G. Approved the renewal of the parking agreement between Grace Community Church and the City for the period of July 1, 2000 through June 30, 2001. H. Adopted Resolution Number 4872 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 #814, SEAL BEACH BOULEVARD SEWER FORCEMAIN REPLACEMENT, CONTRACT ENTERED INTO BETWEEN MAJICH BROS., INC. AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4872 was waived. I. Received and filed the Monthly Investment Report for November, 2000. J. I K. Approved a three year extension of the contract with Medix Ambulance Service as recommended by the Orange County Fire Authority and authorized the Mayor to sign a letter to the Authority confirming same. Adopted Resolution Number 4873 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE POSITION OF DEPUTY CITY CLERK AND REVISING THE CITY CLERK JOB DESCRIPTION", and established salary, wages, and benefits for the Deputy position. By unanimous consent, full reading of Resolution Number 4873 was waived; 1-22-01 and Adopted Resolution Number 4874 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE POSITION OF CHIEF WATER.OPERATOR", and established salary, wages, and benefits for same. By unanimous consent, full reading of Resolution Number 4874 was waived. I K-l. Bids were received until January 17th, 2001 at 10:00 a.m. for Project Number 995, the Anaheim Beach Cleanup, as follows: Atlas Allied, Inc. $ 98,865.00 Thomsen Landscape $184,500.00 Los Angeles Engineering, Inc. $308,585.00 Revised bids, deleting the planting provision of the specifications, resulted in the following bid amounts: Atlas Allied, Inc. $ 89,100.00 Thomsen Landscape $ll9,400.00 Los Angeles, Engineering, Inc. $220,700.00 Awarded the contract for Project Number 995 to Atlas Allied, Inc., the lowest responsible bidder, in the amount of $89,lOO.00, and authorized the City Manager to execute same on behalf of the City. I AYES: NOES: ABSENT: Boyd, Campbell, Doane, Larson None Yost Motion carried ITEM "L" - PUBLIC HEARING - APPEAL - CUP 98-18 - HENNESSEY's TAVERN Upon the recommendation of the City Attorney, Mayor Campbell declared the public hearing open to consider the appeal of certain actions of the Planning Commission relating to Conditional Use Permit 98-18, Hennessey's Tavern, 143 Main Street. Campbell moved, second by Boyd, to continue said hearing until the February 12, 2001 meeting. Staff confirmed that notices will again be provided to property owners and occupants within three hundred feet. AYES: NOES: ABSENT: Boyd, Campbell, Doane, Larson None Yost Motion carried CITY ATTORNEY REPORT There was no further report from the City Attorney. CITY MANAGER REPORT There was no City Manager report. I COUNCIL COMMENTS Councilman Larson requested assurance from the Public Works Director that he will receive no further calls from the Rossmoor Shopping Center with regard to their entrances being blocked during this period of construction. The Director stated that the Center has been provided with the phone 1-22-01 I numbers of direct lines to the inspectors on the job site. Councilman Larson offered that the primary complaint seemed to be with no advance notice. with regard to calls that she has received, the Mayor requested confirmation that the hours of work are to be 9:00 a.m. until 3:30 p.m. The Public Works Director responded that those are the work hours that have been set however there are occasional extenuating circumstances where it is necessary to work somewhat longer, in those instances it is difficult to require them to leave the job site and still provide a safe roadway, when it is anticipated that those types of occasions will occur the contractor has been asked to work at night yet the intent is to also minimize the impact on the adjacent Rossmoor neighborhood, the patience of the public is appreciated. The Mayor confirmed that she has received calls from the Yellowtail neighborhood with complaints regarding the night work, apologized for the inconvenience, the intent is to impact the least amount of people, it is hoped it will not go on much longer, however this is a public works project and does not fall under the City's noise controls. Another issue to which she has received calls is the trees, to that she explained that the report from the arborist stated that the trees north of St. Cloud were either dead or dying with the recommendation that they be removed, which they were, that she too was unhappy to see them removed, a note received this week from an unidentified writer blamed her for their demise, that is untrue, it takes three votes of the Council to do anything. She pointed out that she stood alone against the Bixby project, her understanding is that new trees will be planted, the development agreement calls for a four to one replacement, they will be planted in the area from which they were removed however will be a mixture of trees, thus if there is an insect that attacks a certain variety they will not all be lost, the new trees will be small as it is understood that the fifteen gallon size does not transplant well, yet anticipated to grow eight to twelve feet per year. She mentioned too that all of the red gum eucalyptus trees in Southern California have been attacked by the red gum lerp psyllid, since the trees were originally imported from Australia the pest did not have any natural enemies here, the wasps that were imported in an attempt to combat the infestation did not work. Councilman Doane asked if these will be the same type of trees that were planted between the Bixby Office Park and the Rossmoor area, they became tall and dense in a relatively short time. The Development Services Director responded that the replanting program is yet to be seen, there is a requirement to have a certain number of eucalyptus trees but there will be other types of trees as well. Councilman Boyd recalled conditions within the Bixby Development Agreement that required a landscape buffer along the frontage as well as the mitigation ratio of four trees planted for everyone removed, and inquired who will be monitoring those requirements and if status reports will be presented. The Director reported that status reports have been received as to removals on the golf course area, the south side of Lampson, when the final landscape plans come in for approval they must show the actual number of new trees in order to meet the established criteria, that will be tracked as the final project phases go forward. The Mayor requested that persons who may have complaints not send unsigned notes as that does not allow the opportunity to explain whatever may have happened and why. I I 1-22-01 I 2-12-01 'ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, February 12th at 6:00 p.m. to meet in Closed Session. By unanimous consent, the meeting was adjourned at 7:44 p.m. o clerk I Approved: ~ Attest: Clerk Seal Beach, California February 12,' 2001 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. I ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost Absent: None Also present: Ms. Yeo, City Clerk The Interim City Manager and City Attorney joined the Council in Closed Session. CLOSED SESSION The City Clerk announced that the City Council would meet in Closed Session to discuss the items identified on the agenda, specifically, a conference with the City's real property negotiator pursuant to Government Code Section 54956.8 relating to 201 - 8th Street, a personnel item with regard to City Manager employment pursuant to Government Code Section 54957, a conference with legal counsel relating to existing litigation pursuant to Government Code Section 54956.9(a), and pursuant to Government Code Section 54956.9(c) a conference with legal counsel relating to two potential cases. I The Council adjourned to Closed Session at 6:03 p.m. and reconvened at 7:10 p.m. with Mayor Campbell calling the meeting to order. The City Attorney reported the Council had discussed the items identified on the agenda, gave direction to the City Attorney and City Manager, he then recommended that the Closed Session be continued until after the conclusion of the regular meeting. Boyd moved, second by