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HomeMy WebLinkAboutCC Min 1998-07-13 6-30-98 I 7-13-98 ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, July 13th at 6:30 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent at 6:54 p.m. Approved: o ex-of cia clerk Seal Beach I Attest: Seal Beach, California July 13, 1998 I The City Council of the City of Seal Beach met in regular adjourned session at 6:31 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brown Councilmembers Boyd, Doane, Yost Absent: Councilmember Campbell By unanimous consent, the absence of Councilmember Campbell was excused. Councilmember Campbell arrived at approximately 6:40 p.m. and joined the City Council in Closed Session. Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mrs. Yea, City Clerk APPROVAL OF AGENDA Boyd moved, second by Brown, to approve the order of the agenda as presented. I AYES: NOES: ABSENT: Boyd, Brown, Doane, Yost None Campbell Motion carried CLOSED SESSION The City Attorney announced that the City Council would meet in Closed Session to discuss the item identified on the agenda, a conference with legal counsel with regard to anticipated litigation pursuant to Government Code Section 54956.9(b}. The Council adjourned to Closed Session at 6:33 p.m. and reconvened at 7:10 p.m. with Mayor Brown calling the meeting to order. The City Attorney reported the Council had 7-13-98 discussed the item previously identified, gave direction to the City Manager, and no other action was taken. ORAL COMMUNICATIONS There were no Oral Communications. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:11 p.m. I clerk Approved: '- Attest: Seal Beach, California July 13, 1998 I The City Council of the City of Seal Beach met in regular session at 7:12"p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brown Councilmembers Boyd, Campbell, Doane, Yost Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/ City Engineer Mrs. Yeo, City Clerk Mayor Brown explained that the Hawaiian shirt attire of the City Council was in keeping with a special service held this date, attended by persons from near and far, and requested a moment of silence in memory of this very special person A. J. Summers. I APPROVAL OF AGENDA Mayor Brown requested that Items "Q" and "u" be removed from the Consent Calendar for separate consideration, and "T" for the purpose of remarks, Councilman Yost requested Item "p" removed, and Councilmembers Yost and Campbell requested Item "R" removed. Boyd moved, second by Campbell, to approve the order of the agenda as revised. 7-13-98 AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried PRESENTATIONS I MAYOR's BUSINESS BEAUTIFUL AWARD Mayor Brown requested that this item be held over until the next meeting. I ORANGE COUNTY TRANSPORTATION AUTHORITY - HIGHWAY IMPROVEMENTS Councilmember Campbell reported that the OCTA and Cal Trans have six alternative plans for improvements to the Route 22 Freeway, of primary interest in this community is alternatives five and six, five widens the 22 from the 55 to the 405 at Valley View, six widens the 22 from the 55 to the 605, of primary concern is the issue of right-of-way acquisitions. Ms. Clarita Lao announced herself as a principal civil engineer with the Orange County Transit Authority and project manager for what is called the Major Investment Study for the Route 22 project. Ms. Lao said the limits of the project are to improve Route 22 from the 55 to the 605 freeways, in addition to the study area the connectors are also being looked at for improvement if in fact the decision is to go forward with a car pool lane which is alternative six, the connectors more specifically are the 22/55, 22/5, 57/ 22/405, and 22/605. Also included in the study area is what is called the Pacific Electric Right-of- Way, currently owned by OCTA, potential improvements that will connect downtown Santa Ana with State Route 22. She noted that about a year ago when this project was first considered it was basically alternative 5, the 22 from the 55, thereafter it was determined to look at the entire corridor to see how mobility could be improved for the entire West Orange County region, at that point thirteen project goals were identified, some of which are to improve Route 22 mobility, operations and safety, minimize impacts along the corridor to the environment, the communities, and economic impact on the cities, also a cost effective alternative. Ms. Lao said initially there were ten conceptual alternatives, those were presented to the Board of Directors, and with further study the consultant was able to consolidate the ten into six alternatives, while maintaining all of the components. She described the alternatives as: 1) no build, which means to do nothing, this is necessary as part of the federally mandated process, which shows what it is going to be if nothing is done, this would mean no freeway improvements, no freeway acquisitions, does nothing for air quality, however future no build would need to accommodate future traffic, it does not improve traffic congestion nor traffic capacity; 2) this is what is called TSM, Traffic Systems Management, expanded bus service, increases that service by about four hundred seventy-three daily vehicle hours, adds express bus service by about one hundred forty- seven daily vehicle hours, improves street efficiency achieved by what is called signal synchronization, this alternative does not improve freeway safety, no right-of-way acquisition, reduces emission somewhat because of the synchronization, increases traffic service by thirty-five percent, and moves about four percent more people than the no build, this alternative cost is about $68 million; 3) this is called a Fixed Guideway Alternative, this consists of using the additional lane on the 22 as a dedicated lane for either a light rail or bus, also the Pacific Electric Right-of-Way, this can be imagined as coming from downtown Santa Ana, northwest on the 22, with a logical end point at about the I 7-13-98 Los Angeles/Orange County boundary line where a transportation center could conceivably be placed, west of that there is a potential for connection with the Blue Line which would require considerable coordination with Long Beach and Long Beach Transit, both agencies are involved in the steering committee, this alternative would improve safety on portions of the freeway, utilization of portions of the I shoulder, would require some right-of-way acquisition to the east of the 405, reduces emissions, relies on the supporting bus system, and moves about four percent more people than the no build, the cost is about $380 million for construction, $10 million for right-of-way acquisition; 4) adds one freeway lane in each direction from the 55 to the 605, part of this is the arterial on the former Pacific Electric Right-of-Way, this improves safety by adding another lane, requires right- of-way acquisitions, about twenty-eight on the 22 and 48 on the Pacific Electric Right-of-Way, all east of the 405, this alternative increases emission because as more traffic is drawn to the additional freeway where the speed is about thirty-five miles per hour, the increased emission is the result of increased traffic because of the additional lane, this does not encourage car pooling, moves about seven percent more people than the no build, the cost $212 million on Route 22, $69 million on the Pacific Electric Right-of- Way, for both construction and right-of-way; 5) adds one HOV lane in each direction just to the 405, this improves safety, requires right-of-way acquisition, the same as for alternative 4, reduces emission, encourages car pooling, completes the HOV system, moves six percent more people than the no build, cost is about $210 million; and 6) this alternative has been segmented, it can then be taken to the I Board for environmental clearance in parts, this adds a car pool lane in each direction, same as alternative 5 yet goes to the 605, the desire is to connect to the 605 Los Angeles County portion, includes freeway to freeway connector, includes the Pacific Electric Right-of-Way, the most right- of-way impact with one hundred twenty-four, twenty-eight on the 22, 405/605 connector is four, on the 22/405 there are three, the 22/55 is twenty-two, and the Pacific Electric Right-of-Way is forty-three, pointed out that the level of effort at the widest footprint at this point is conceptual, potential impacts, yet when the environmental documentation and preliminary engineering process commences it is possible that at the 22/405 area a request could be made to Cal Trans for design exceptions to minimize or avoid right-of-way take, this alternative improves safety the most, would require the most right-of-way, increases emissions because of attracting more cars, the projection of the economy, growth of Orange County in population and employment, encourages car pooling, moves twelve percent more people than the no build, provides the best regional mobility, construction about $383 million, right-of-way $38 million. Ms. Lao stated that draft MIS screening evaluation reports were presented to the Board which presents the technical backup, the steering committee I receives the first draft, the cities receive another, through the City's representative the committee is aware of the concerns of the community from north of the freeway, the consultants have been asked to look at that carefully, on August 10th a build recommendation will be presented to the Board, and at this time public input is being sought. As to a time line, Ms. Lao explained that at this time there is no project, just alternatives, the environmental and preliminary phase will conclude at the end of 1999 or early 2000, possibly up to two and a half years will be needed for design, then construction, maybe three to four years. 7-13-98 I Councilmember Campbell stated that since this proposed project would impact College Park East significantly, at a recent meeting of the OCTA the concerns of the community were made clear to CEO Lisa Mills that the area has given up as much property as it can, the freeway wall is about eighteen to twenty-four inches from Almond Avenue, land was given up nearly twenty years ago when the freeway was widened, the City is aware that the freeway from the 22 to the 605 is very busy, the world's busiest stretch of freeway, there is an awareness that if this project is approved it will need to be widened however the south side of the freeway is agricultural use with no residential properties, and that the issue of these concerns will be pursued. Ms. Lao described a similar project where the widening did not take place symmetrically, and as the engineering phase of this project approaches the concerns will be given consideration. Ms. Lao was thanked for her presentation. I ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Mr. Sam Kavadas, Dahlia Circle, said since his thirty year residency in College Park East two widenings of the 405 have been made. He stated that if OCTA is allowed to increase the freeway by another lane that will subject most of the residents to additional noise, impacting most of the tract, not just the adjacent properties, this would decrease the value of the properties, create more emissions which is a health endangerment, safety is not insured by more freeway lanes, it would be better to lower speeds and have more driving instruction in the schools. Mr. Kavadas said this will likely need to be fought seriously, more lanes and encouragement of more industrial development in Orange County is not always the best for the residents, accidents on Lampson have brought forth safety issues as well, people want quiet and peaceful communities, if this project is allowed it will have a devastating effect on the homes on the cul-de- sacs, in his opinion alternatives five and six should not be considered through Seal Beach, mentioned too that the freeway wall has not deterred the noise. There being no further comments, Mayor Brown declared Oral Communications closed. COUNCIL ITEMS APPOINTMENTS - BOARDS and COMMISSIONS Citizens Participation Committee Councilman Boyd reappointed Ms. Marion Gise as the District One representative to the Citizens Participation Committee for the four year term expiring July, 2002. Councilman Doane appointed Ms. Harriet Fridell as the District Five representative to the Citizens Participation Commission for the four year term expiring July, 2002. I Councilman Yost reappointed Mr. Don Smoot as the District Three representative to the Citizens Participation Committee for the four year term expiring July, 2002. Councilmember Campbell appointed Ms. Audrey Kime as the District Four representative to the Citizens Participation Committee for the unexpired term ending July, 2000. Parks and Recreation Commission Councilman Boyd confirmed the reappointment of Ms. Mary Johnson as the District One representative to the Parks and 7-13-98 Recreation Commission for the unexpired term ending July, 1999. Councilman Yost confirmed the reappointment of Ms. Carla Watson as the District Three representative to the Parks and Recreation Commission for the unexpired term ending July, 2000. Seal Beach Cable Communications Foundation Councilman Boyd reappointed Mr. Laird Mueller as the District One representative to the Seal Beach Cable Communications Foundation for the two year term expiring July, 2000. I Councilman Yost reappointed Mr. Peter Anninos as the District Three representative to the Seal Beach Cable Communications Foundation for the two year term expiring July, 2000. Councilmember Campbell confirmed the reappointment of Mr. Marty Mahrer as the District Four appointee to the Seal Beach Cable Communications Foundation for the unexpired term ending July, 2000. Archaeoloqical Advisory Committee Councilman Doane indicated his intent to reappoint Ms. Barbara Young as the District Five appointee to the Archaeological Advisory Committee, subject to her acceptance, for the one year term expiring July, 1999. Councilman Yost reappointed Ms. Joan Ellen Goldberg as the District Three appointee to the Archaeological Advisory Committee for the one year term expiring July, 1999. I Councilmember Campbell reappointed Mr. Bruce Fitzpatrick as the District Four appointee to the Archaeological Advisory Committee for the one year term expiring July, 1999. proiect Area Committee Councilman Yost acknowledged the reappointment of Mr. Terry Barton as the Friends of the Library appointee to the project Area Committee, reappointed Mr. Joe Kalmick as the District Three business representative, and Ms. Carla Watson as the District Three resident representative, each for the two year term expiring July, 2000. Civil Service Board Councilman Yost reappointed Mr. Perry Watson as the District Three representative to the Civil Service Board for the six year term expiring July, 2004. Councilmember Campbell appointed Mr. Henry Manzo as the District Four representative to the Civil Service Board for the six year term expiring July, 2004. Environmental Quality Control Board Councilman Yost reappointed Mr. Mario Voce as the District Three representative to the Environmental Quality Control Board for the four year term expiring July, 2002. Councilmember Campbell confirmed the reappointment of Ms. Donna McGuire as the District Four representative to the Environmental Quality Control Board for the unexpired term ending July, 2000. I Planninq Commission Councilmember Campbell confirmed the reappointment of Dr. 7-13-98 David Hood as the District Four representative to the Planning Commission for the unexpired term ending July, 2000. Mayor Brown requested that the District Two appointments be held over until the next meeting. I Doane moved, second by Campbell, to confirm the appointments as stated. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried I AGENDA PREPARATION Councilmember Campbell asked that the City Council agendas be closed on Tuesday rather than Wednesday, that would enable the newspapers to print the agenda prior to the meetings, the agenda posted at City Hall is out of the way for many residents, and items having an urgency can be dealt with as deemed necessary, also requested that the Council receive their packets on Thursday rather than Friday to allow an additional day for review. Mayor Brown expressed. support for the idea, however emphasized that the newspapers need to be advised that the early agenda is tentative only and from time to time items will be included that come up at the last minute. The Manager said he could not foresee a problem completing the Council packets by Thursday, that would entail moving the deadline up by a day, expressed some concern with emergency items that require a four-fifths vote of the Council at the meeting to consider, however if acceptable to Council it could possibly be workable if the newspapers are advised that the agenda forwarded to them on Tuesday is tentatively complete which in turn would allow agenda items to be completed and added through Wednesday, a firm Tuesday cutoff may cause difficulties. Mayor Brown offered that this could be done on a trial basis however if it is found that items requiring action are frequently subject to the four- fifths vote requirement then this issue should be reconsidered. As an example, Councilmember Campbell mentioned the availability of the Planning Commission agenda on Friday prior to the Wednesday meetings. The Director of Development Services pointed out that Commission business is somewhat different in that most are public hearing items, by law noticed at least ten days prior to a meeting therefore is a more structured agenda. As a point of information, he noted that the City of Irvine publishes their agenda in the local press however the publication specifically states that it is a tentative agenda and that further information can be obtained from the City Clerk. Councilman Yost noted that at one point the Commission agendas and staff reports were on the website, to which the Director responded that the agendas will be on the website, however given the personnel vacancy at this time it may be difficult to do staff reports at present. The website address was mentioned, and confirmed by the local press present that they would be interested in publicizing the Council agenda, comment was made also that the more information provided the public and response back the easier the job of the Council. As requested by Council, the City Attorney noted that the Council policy will be that the agenda will be referred to as a tentative agenda, the deadline will be Tuesday at 5:00 p.m., Councilmembers and staff may add items consistent with the Brown Act, and urgency matters may be placed on the agenda at the meeting by a four-fifths vote. It was noted that subsequent to items on the agenda by Tuesday, items added thereafter will be referred to as additional items rather than urgency if they I 7-13-98 in fact do not fall within that category. Yost moved, second by Boyd, to confirm the tentative agenda and Council packet policy. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried JULY 4th FIREWORKS I FUNDING Councilman Boyd noted that in years past Seal Beach has participated with Los Alamitos, Cypress, the Rossmoor Community Services District, and the Armed Forces Reserve Center to fund a fireworks show, it is attended by about twenty thousand people on the Base, viewed by others from the College Parks, Rossmoor, Leisure World, Garden Grove, etc., a well publicized, popular event. A recent news article reported that Seal Beach has not participated financially since the 1997 show, the City's contribution has been $5,000 as it is for the other participants, donation also of in-kind services by City personnel. He pointed out that for the past couple of years as budgets were slim and other services needed financial assistance Seal Beach has not participated financially however continued to provide in-kind services. Councilman Boyd said it has been learned from other city officials that if Seal Beach does not participate the others will be unable to continue the fireworks display. Councilman Boyd expressed his belief that this City should participate, July 4th is a celebration of our freedoms, noted having received communications from several people expressing appreciation for the event, and expressed his personal feeling that this is worthwhile specifically since fireworks are no longer allowed in the communities. I Councilman Boyd moved to support the. fireworks show financially, retroactive for 1998, that payment for 1999 would be made with the condition that a member of the City Council sit as a member of the steering committee in the future, and that a fifty percent corporate sponsor be sought for the 1999 event. Mayor Brown said his initial reaction had been that with the many projects that are seeking support and assistance and the attempt to reduce the utility tax he had felt this may not be the time to bring forth this request, however, the comment was followed by the suggestion that the funds be raised from corporate donations, which he expressed belief that that can be done, said he felt that the City should participate, yet did not feel he could support a retroactive donation for 1998 given the many other needs. Councilman Yost agreed with the participation and a corporate and public donation concept, however he too did not support a retroactive contribution. The Mayor mentioned potential supporters in Briggeman Disposal, Calsan, Los Alamitos Medical Center, Edison, others suggested MacDonalds, Unocal, Marie Callendars Restaurant. Councilman Doane too agreed with the concept, also that it should not be retroactive. Councilmember Campbell noted that about two thousand people watched the display from Arbor Park and in appreciation gave a round of applause upon conclusion of the show. I I Inasmuch as there did not appear to be support for retroactive participation for 1998, Councilman Boyd moved to participate in the 1999 Annual Fireworks Show at the Armed Forces Reserve Center, that corporate sponsorship be sought or if necessary, City participation in an amount of up to fifty percent, $2,500. The Mayor again spoke positively of realizing donations, however if donations are not received questioned if the City is then committing itself to a $5,000 7-13-98 I expenditure, also, the Council has made a commitment to reducing the utility users tax, that will only be accomplished by raising revenue or reducing expenses. The Manager suggested that this issue be continued until April, at that time staff will be preparing the preliminary budget and the amount of donations to the event should then be known. Mayor Brown asked if the Council would support Councilman Boyd and himself pursuing a fund raising effort. Councilman Boyd moved to postpone the determination of the amount of participation by the City until April 1, 1999, during the 1999/2000 pre-budget preparation, and that fund raising efforts commence in February. It was clarified that the City is in support of promoting and participating in the fireworks show. Councilmember Campbell seconded the motion. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried RECOGNITIONS I RESOLUTION NUMBER 4646 - APPRECIATION - LEGISLATIVE REPRESENTATIVES Mayor Brown stated that the Resolution proposed is to express appreciation to the State legislative representatives, the Department of Boating and Waterways, and the Governor for their assistance in securing $815,000 of grant funds for beach sand replenishment. Councilman Boyd mentioned that this money was a long time coming, a great deal of work was devoted to this effort by the legislators from this area for much needed sand. Brown moved, second by Boyd, to adopt Resolution Number 4646 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH IN APPRECIATION TO OUR LEGISLATIVE REPRESENTATIVES IN SACRAMENTO, THE DEPARTMENT OF BOATING AND WATERWAYS AND THE GOVERNOR OF CALIFORNIA." By unanimous consent, full reading of Resolution Number 4646 was waived. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried RESOLUTION NUMBER 4647 - DESIGNATING JACK HALEY COMMUNITY SAFETY BUILDING Mayor Brown read in full Resolution Number 4647 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DESIGNATING THE SEAL BEACH POLICE DEPARTMENT JACK HALEY COMMUNITY SAFETY BUILDING." Members of the Council noted that no matter opposition or barriers Mr. Haley continued to go forward with development of this building, and acknowledged that the facility has improved the entire area. Doane moved, second by Boyd, to adopt Resolution Number 4647 as presented. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried Mr. Tom Hermstad introduced Mrs. Jeanette Haley, present in the audience, who reported that her husband was very surprised and moved when he first saw his name on the building, and expressed appreciation for this special honor. CONSENT CALENDAR - ITEMS "E" thru "U" Doane moved, second by Campbell, to approve the items on the Consent Calendar as presented, except Items "P, Q, R, T, and Un, removed for separate consideration. .. 7-13-98 E. F. 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. I Received and filed the staff report relating to the responses to City comments regarding the Southern California Association of Governments '1998 Regional Transportation Plan - Comments and Responses 1 to 398,' and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. G. Received and filed the staff report with regard to the responses to comments relating to the Draft Field Sampling Plan and Quality Assurance Project Plan for the Groundwater Monitoring Study at IR Sites 1 and 7, and 'Draft Final' Reports, Weapons Support Facility, and instructed staff to forward same to the Environmental Quality Control Board for information purposes. H. Received and filed the staff report relating to the receipt of Orange County Council of Governments 'Air Quality Update' and Priority Legislation Bill Tracking, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. I I. Received and filed the staff report with regard to the Orange County Council of Governments '1997 General Assembly Summary of Recommendations,' instructed staff to prepare additional status reports as appropriate, and to forward this report to the Planning Commission and Environmental Quality Control Board for information purposes. J. Received and filed the status report relating to the 1998/1999 Orange County Council of Governments Overall Work Program Projects, and instructed staff to provide additional status reports as appropriate. K. Received and filed the staff report with regard to the 'Draft Fastforward Long Range Transportation Plan Action Element, Orange County Transportation Authority, and comments from the OCCOG, and instructed staff to forward the report to the Planning commission and Environmental Quality Control Board for information purposes. I L. Received and filed the staff report with regard to the 'Draft Final Ecological Risk Assessment, Phase II Validation Study Work Plan for Weapons Support Facility Seal Beach Installation Restoration Program', authorized I M. 7-13-98 the Mayor to sign the comment letter thereto, and instructed staff to forward the report to the Environmental Quality Control Board and the Archaeological Advisory Committee for information purposes. Received and filed the staff report relating to the 'Final Engineering Evaluation/Cost Analysis, Non-Time Critical Removal Action for Installation Restoration Program Site 19, Building 241 Disposal Pit, Weapons Support Facility, Seal Beach' and instructed staff to forward said report to the Environmental Quality Control Board and Archaeological Advisory Committee for information purposes. N. Approved the Agreement between the City and the Orange county Transportation Authority, Number 8-0197, for the term of one year, July 1, 1998 through June 30, 1999, to provide senior transportation services to the North Seal Beach Community Center, and authorized the City Manager to execute same on behalf of the City. O. I AYES: NOES: Received and filed the staff report relating to the responses to comments with regard to the Draft Environmental Assessment for Proposed Rule 1401, New Source Review of Toxic Air Contaminants, South Coast Air Quality Management District, and instructed staff to forward same to the Environmental Quality Control Board for information. S. Approved regular demands numbered 20053 through 20193 in the amount of $233,426.32, payroll demands numbered 24713 through 27601 in the amount of $243,192.53, and authorized warrants to be drawn on the Treasury for same. Boyd, Brown, Campbell, Doane, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM uP" - RESOLUTION NUMBER 4648 - SUSTAINING DENIAL - HEIGHT VARIATION 98-2 - CUPOLA - 519 OCEAN AVENUE Campbell moved, second by Brown, to adopt Resolution Number 4648 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUSTAINING THE PLANNING COMMISSION DENIAL OF HEIGHT VARIATION 98-2 AT 519 OCEAN AVENUE." By unanimous consent, full reading of Resolution Number 4648 was waived. I AYES: NOES: ABSTAIN: Brown, Campbell, Doane None Boyd, Yost Motion carried ITEM "Q" - MINUTES Campbell moved, second by Boyd, to approve the minutes of the regular adjourned and regular sessions of February 9, 1998, the regular adjourned and regular sessions of February 23, 1998, the regular adjourned and regular sessions of March 9, 1998, the regular adjourned session of March 31, 1998, and the regular session of April 13, 1998. 7-13-98 AYES: NOES: ABSTAIN: Brown, Campbell None Boyd, Doane, Yost Motion carried ITEM "R" - DRAFT ORDINANCE - PERMITTED SIGNS - RESIDENTIAL ZONES Councilmember Campbell noted that an issue with regard to signs was brought forth last fall, the desire was to not allow large signs that are offensive to a neighborhood, the issue was not addressed at the time in that new provisions could not be put in place within the time lines to meet the then political process, the ordinance proposed provides for signs up to a certain size, deletes time limits for the display of signs, yet does not regulate the content of signs, as determined by the courts. The City Attorney reported subsections 'a' through 'e' of the draft ordinance are essentially what now exists, subsection 'f' replaces provisions that previously related to political signs, the provisions for real estate, construction, etc. signs are unchanged, this ordinance does however limit signs to two per property. Councilmember Campbell asked that banners be reflected in the ordinance as well. Campbell moved, second by Yost, to refer this item to the Planning Commission for public hearing. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried ITEM "T" - TRASH RECEPTACLES The City Manager recognized the Director of Recreation and Parks and the Lifeguard Lieutenant for their efforts in working with the Orange County Marketing Coalition to obtain sponsorship for lifeguard vehicles and refuse receptacles, the cost savings for just the refuse containers in the first year will be $4,375 to the General Fund. He noted also that a prototype of a new refuse container for Main Street was on display this date at the Public Works Yard, will be quite attractive and have the City logo thereon. Councilman Boyd noted that years ago there was a trash receptacle program sponsored by Coppertone, there were some objections to them, in this case possibly the logos will be rotated with the changing of containers, and offered to respond to any citizen concerns. Boyd moved, second by Campbell, to approve the design and content of the two proposed advertisers on trash receptacles that are forthcoming to the City through the Orange County Coalition, Gotcha and Mountain Dew. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried ITEM "u" - INVESTMENT POLICY / GUIDELINES - 1998/99 _ Res. 4649 Mayor Brown made reference to provision for repurcllase agreements to which he stated his opinion that the only way they should be applicable to Seal Beach is if they are I through the Local Agency Investment Fund, and requested language to that effect. Brown moved, second by Boyd, to approve the 1998/99 Investment Policy and Guidelines with the condition that restrictions be placed on the use of repurchase agreements. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried 7-13-98 I OPERATING BUDGET - PUBLIC ACCESs/EDUCATIONAL/GOVERNMENT PROGRAMMING - FISCAL YEAR 1998/99 Mayor Brown advised that a member of the audience had requested to speak to this item and will be invited to do so after the staff report. The City Manager reported that some time back the Council requested that under the new cable franchise the Cable Communications Foundation prepare a budget at the beginning of the fiscal year for Council review, the Council being the granting agency as the trustee for funds collected by Comcast, the $75,000 paid to the City for PEG programming. The budget proposed includes the $75,000 plus interest earnings for a total of $77,695 and expenditures showing a small surplus that can revert to capital or other programming needs during the year, if the Council concurs with the budget, that in essence releases the funds to the Foundation for PEG purposes. Mr. Marty Mahrer, Chairman of the Cable Foundation, asked how this budget was come by, stating that the Cable Board did not issue this budget to the Council. The Manager responded that the Council had requested in November that a proposed budget be submitted by March, by then the budget had not been submitted, therefore the PEG access coordinator prepared a spending plan for submittal to the Council, thus allowing PEG programming to continue. Mr. Mahrer countered that he had requested and was granted an extension from the Council until July 1st, at a meeting on June 19th it was reported that an operating budget had been prepared with approximately three revisions, that was considered and approved by the Board on June 25th, there is a Board approved budget, the PEG coordinator has nothing to do with the budget, her services are being paid for by the Foundation even though she does not report to them, which he found of interest. Mr. Mahrer reported he has invited a Ms. Kathy Risk, a consultant to several cities, to make a presentation at the next meeting to assist with planning the future of local cable, pointing out that a considerable amount of local programming is repetitive. The Mayor asked if the Board approved budget is substantially different from that presented, the response of Mr. Mahrer was no, to which the Mayor suggested approval of the budget at this meeting with adjustment later if necessary. Mr. Mahrer again expressed serious concern that the budget before the Council was not submitted by the Cable Board, was not what the Board approved. The Manager responded that the coordinator was asked to submit a Board budget which she derived from a latest draft. Question was posed to the Manager as to why the coordinator was requested to prepare a budget when a draft of the Board budget had been shown a week prior, the response was that Mr. Mahrer did not submit the budget on the day he had indicated. Councilman Boyd stated his preference that no action be taken on this item. He said his understanding is that the Foundation is a non-profit agency, formed for the purpose of public access programming, the non-profit operation is paid for by taxpayer money, that money is authorized for the Foundation budget, from that budget a program coordinator is paid, then it seems that that employee should not be reporting to the City, a possible conflict, but to the Board, and if non-profit the Foundation should receive a lump sum, they are then the responsible body. Mr. Mahrer stated the monies for the coordinator do not come to the Board, they are deducted from the PEG monies, it is budgeted but not seen by the Board, which to him seemed unusual with a non-profit organization. The Manager said the PEG monies are rate-payer funds, the City did not establish the Foundation, it is an entity formed separately, the City then recognized it as being responsible I I 7-13-98 for funding PEG programs, there is a coordinator appointed by the City, funded by the rate-payer funds indirectly. He said the sole purpose of this agenda item is to officially release the funds to the Foundation. Mayor Brown pointed out minimal differences between the budgets, only about $2,000 difference. Mayor Brown moved to approve the budget presented by the Board of $74,860. The Board Chairman inquired as to the whereabouts of the other $140. The Mayor pointed out that this is merely an operating budget to which adjustments will likely be made throughout the year. Also citing this as an operating budget, the Chairman said that the capital budget will be somewhat driven by a consultant. Councilman Doane seconded the motion. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried Councilman Boyd cited the need to address the Foundation structure for better understanding, if a non-profit organization with a Board appointed by the Council, is the employee reporting to employees of the City. Mayor suggested that questions be posed to the City also pointed out that Councilman Doane is attending meetings to bring back any concerns to the Council. Mahrer asked to be included in future discussions. Councilmember Campbell requested that in the future the Manager make contact with the Foundation, not the coordinator, to which the Mayor suggested that this issue is going the proper direction and asked that there be as least controversy as possible. l~ORESOLUTION NUMBER 4~&0 - TIME EXTENSION - WELL 21 - BREITBURN cr" ENERGY COMPANY Resolution Number 4'1"0 was presented to Council entitled "A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN EXTENSION OF TIME TO APRIL 14, 1999 TO RELOCATE THE BOTTOM HOLE LOCATION OF WELL NUMBER 21 OF THE ALAMITOS LEASE (BREITBURN)." By unanimous consent, full reading of Resolution Number 4560 was waived. The Director of Development Services presented the staff report, noted this as a request for extension of the request approved by the Council in January to relocate the bottom hole of two wells on the Breitburn lease, that lease within the confines of the Naval Weapons Station, at this point the bottom hole of one well has been relocated, this request relates to the second well for the purpose of evaluating the economic viability based upon the production of the well that has been done. In response to comments of Council, the Director said staff can see no down side to the request, the cost would be the issue with Breitburn for the second well, the benefit to the City could be barrel tax revenue with increased production, also, in the opinion of staff and the Fish and Wildlife Service there is no risk to the wetland area on the Station. Boyd moved, second by Doane, to adopt Resolution Number 4650 as presented. why then The Manager, the Mr. I I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried CITY MANAGER REPORTS No report was presented. 7-13-98 I ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Mr. Gordon Shanks, Surf Place, expressed appreciation for the Council action moving up the agenda deadline, the desire is that the Seal Beach Council agenda be publicized as other cities are. Mr. Shanks recalled that when fireworks were eliminated the rationalization was the danger to children, reduction of fire hazards, etc., and the justification was that fireworks could be seen at other places, now, some twenty years later, it is being said to fund fireworks is an unnecessary expense, there is a financial value to the City by not having fireworks on the local streets and providing an alternative, this is being left out of the consideration, however said there should be more advertising of the event. Councilman Boyd offered his belief that the City will be making an effort to improve its public relations image and increase the number of press releases distributed. Dr. Rosenman, Seal Beach, asked who will be responsible for faxing the agenda to the news media. He also recalled the fireworks situation in Laguna Beach where they too were facing budget shortfalls, in that case fund raising was commenced from the businesses and citizens, in the case of Seal Beach the involvement of citizens could make the event more community oriented. Mr. Rob Roy, cable producer, mentioned the holding of the Association of Volleyball Professional Tournament this past week, thanked the Council and Recreation Department for bringing that event back to Seal Beach, and announced that it was shown on Fox Sport News, this is one means of bringing recognition to Seal Beach. There being no further comments, Mayor Brown declared Oral Communications closed. I COUNCIL COMMENTS Councilmember Campbell mentioned the 4th of July celebration in College Park East, the 8th annual bicycle parade that over a hundred children registered to participate in, donations were made by a number of businesses, and a good time was had by all. She noted that this morning Seal Beach said goodby to A. J. Summers, one of the finest persons one could ever meet, and beyond all of his many accomplishments, he was a very good person. She offered that when you look into someones eyes you can see their soul, A. J. was good, so kind, so caring, losing someone like him leaves a hole in ones heart, offered condolences to his parents and family, said it was an honor to be his friend, he left too soon. Councilmember Yost praised the return of the Volleyball Tournament, one of the best finals he has seen, this a positive image for the City, and agreed that the City should support the fire works display, possibly seek a tax exemption for donations, and voiced his support for more positive press for the City. Councilman Yost also mentioned the services of today, noted that professionally he performs high risk procedures where one learns to not let their emotions take over, today they did. Councilman Boyd conveyed his thoughts too that A. J. was a very special lifeguard and person in the community, offered condolences to his family and friends, and notea that the City will be looking into an appropriate permanent tribute to him. It was suggested that Hawaiian shirts for the first meeting in July would be a start. He welcomed the AVP back to Seal Beach, there were no complaints, the final was exciting, and hoped they will return. He noted that information from the Save Our Bay Committee is that they are attempting to stop the development of a large hotel, tower, office building, and other uses at the Alamitos Bay area near Marina Drive, more information will be made available to Seal Beach residents as it.is I 7-13-98 received, and with reference to this City's alternative fuel vehicle program, as reported in the Air Quality Management District newsletter, Seal Beach is considered to be a technology roll model, it is grant funded, thanks to the City Manager and Director of Development Services. Councilman Boyd mentioned his intent to develop an Adopt A Beach program, seek corporate sponsorships for certain portions of I the beach, also cost recovery from other 'agencies that cause pollution of the beach, this will require the cooperation and participation of community groups as well, through financial or manpower contributions, or both. He invited the public to use the City's website. Mayor Brown expressed his pride in being a member of the City Council and being able to participate in the tribute this date to A. J. Summers, the number of people offering their feelings and tributes was wonderful. He too acknowledged the success of the AVP Tournament, suggesting possible investment in suntan companies that could in turn fund the July 4th festivities. Councilman Doane recognized the many tributes to A. J. Summers for his accomplishments and contributions to the City even though he did not know him personally. He mentioned attending the retirement affair for Lt. Van Holt of the Police Department, a nice gathering, highlighted by a video produced by Robin Fort Linke featuring a number of persons in recognition of the services of the Lieutenant throughout his Seal Beach career. Councilman Doane said he believed all of the Council has received materials from a newly formed wetland group, a number of those in support are the same people that are on the Friends of the Naval Weapons Station wetlands, the Board on which he sits as a member, and announced his resignation therefrom. He reported having I participated with Mr. Stan Anderson for the past two years in door prize and fund raising efforts to benefit the NWS Wetlands, nearly $1,200 for that worthwhile enterprise. He explained that the reason for his resignation is that the new group has chosen to take sides against the City's attempt to gain approval of the Hellman project, his argument is that the City is attempting to do something for wetlands with the project, the opinion of the new group is that it is all wetlands or nothing, an opinion he can not support. Councilman Doane said he was pleased that the adjourned meeting of June 30th was not televised, there were negative remarks towards staff, that something he had hoped this Council could rise above" there is a proper procedure in the event of conflict or disagreement, that being a private meeting with the staff person and the City Manager to resolve an issue, pointing out there are reasons and responses from staff that can not be voiced at a public meeting. This being a new Council, his hope is that things can be dealt with in the proper manner. Mayor Brown agreed, suggesting too that there is proper protocol. In response to the status of Hellman, Councilman Yost said there is presently an attempt to address the issues that were raised by several Coastal Commissioners, the opinion of some were that this is too good I a project to let it go and they were trying to find a way to meet the Coastal requirements and needs, also, there has been discussion with the Port, that is being explored, there is cautious optimism that the project will go through, as the benefits far outweigh any problems with the plan. He too agreed with the comments with regard to staff, they work hard, and deserve to be treated with respect. CLOSED SESSION No Closed Session was held. 7-13-98 / 7-27-98 ADJOURNMENT It was the consensus of the Council to adjourn the meeting until July 27th at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 9:02 p.m. Attest: 1erk and ex-offic 0 clerk e City of Seal Beach I Approved: Seal Beach, California July 27, 1998 I The City Council of the City of Seal Beach met in regular adjourned session at 6:33 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brown Counci1members Boyd, Campbell, Doane, Yost Absent: None Also present: Mr. Barrow, City Attorney Mrs. Yeo, City Clerk The City Manager joined the Council in Closed Session. APPROVAL OF AGENDA By unanimous consent, the Council approved the order of the agenda. I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to confer with legal counsel with regard to anticipated litigation pursuant to Government Code Sections 54956.9(bl and (al, and pursuant to Government Code Section 54957, a public employee performance evaluation of the City Manager,. By unanimous consent, the Council adjourned to Closed Session at 6:36 p.m. and reconvened at 6:57 p.m. with Mayor Brown calling the meeting to order. The City Attorney reported the City Council had given direction to the City Manager with regard to the first item of anticipated litigation, the Council did not have adequate time to address the other two items, therefore the intent is to adjourn this meeting until 8:30 to reconvene in Closed Session. The meeting was recessed at 6:58 p.m. and reconvened at 9:02 p.m.