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HomeMy WebLinkAboutCC Min 1995-09-11 I I I 8-31-95 / 9-11-95 MR. BARROW: IF THEY WANT TO. MAYOR HASTINGS: IF THEY WANT TO, AND THEY'LL MAKE COMMENTS AT THAT TIME? MR. BARROW: YOU'LL HAVE THE OPPORTUNITY -- 'THE WAY A CITY COUNCIL MEETING TAKES PLACE, AT THE BEGINNING OF THE MEETING THERE IS AN OPPORTUNITY FOR THE PUBLIC TO COMMENT ON ANY ITEM ON THE AGENDA AND TO REQUEST THAT CERTAIN ITEMS BE PULLED FROM THE CONSENT CALENDAR. AND SO THAT USUALLY HAPPENS ABOUT 7:00 O'CLOCK, TEN AFTER 7:00, SO IF YOU ARE HERE RIGHT AT 7:00, YOU CAN PULL IT AND IT CAN BE DISCUSSED. MR. VODNOY: ALL RIGHT. THANK YOU. MR. BARROW: AND SO THAT WILL BE THE OFFICIAL ANNOUNCEMENT OF THE CITY COUNCIL, THE ADOPTION OF THAT RESOLUTION. MAYOR HASTINGS: ALL RIGHT. THANK YOU VERY MUCH. WELL, THEN, I THINK WE'LL ADJOURN THIS MEETING TO SEPTEMBER 11TH -- AT WHAT TIME, 6:30? IS 6:30 A PROPER TIME? MR. BARROW: YES. MAYOR HASTINGS: ALL RIGHT. WE WILL ADJOURN THE MEETING. II ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until September 11th at 6:30 p.m. to meet in Closed Session if necessary. The meeting was adjourned by unanimous consent at 10:33 p.m. Approved: of the lerk and ex-off1C10 Seal Beach Attest: Seal Beach, California September 11, 1995 The regular adjourned city council meeting scheduled for 6:30 p.m. this date for the purpose of holding a Closed Session was cancelled as there were no items requiring consideration. 9-11-95 Seal Beach, California September 11, 1995 The City Council of the city of Seal Beach m7t in reg~lar session at 7:00 o'clock p.m. with Mayor Hast1ngs call1ng the meeting to order with the Salute to the Flag. ROLL CALL Present: ;1" Mayor Hastings .Councilmembers Brown, Doane, Forsythe, Laszlo Absent: None Also present: Mr. Shelver, Interim city Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, City Engineer/Director of Public Works Mr. Seymour, community Services Director Mrs. Yeo, City Clerk APPROVAL OF AGENDA The City Attorney advised that a request has been received for the continuance of the public hearing to consider the appeal of the Planning Commission condition of approval relating to the hours of operation of the Los Cabos Restaurant, 500 Pacific Coast Highway, the request due to the applicant being out of the City. The Director of Development Services noted that the I applicant has requested continuance until September 25th, however mentioned that he would be absent from the 25th meeting, th~ next meeting being October 9th. A member of the audience present to speak to the appeal stated he too would unable to attend the September 25th meeting. The city Attorney suggested that persons in the audienc~ who were present to speak to the appeal this evening could do so and their comments would be recorded as part of the public hearing record. Councilman Laszlo expressed his preference that the October 9th meeting be kept clear to possibly schedule consideration of the Bixby EIR. The City Attorney and staff explained that the extension granted by the Bixby Ranch Company was contingent upon the hearings on the Environmental Impact Report and the proposed project being held concurrently, now scheduled to commence November 13th. Councilman Laszio requested that Item "J" be removed from the Consent Calendar for separate consideration. Brown moved, second by Forsythe, to approve the agenda as revised. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Bruce Stark, Seal Beach, once again inquired as to what sales tax producing businesses have been brought to Seal Beach in recent I years, as some other cities have been successful in doing, expressing his criticism of city staff for not seeking such businesses, and made reference to the Hellman property as an ideal location for a large retail business. Councilman Brown mentioned his contact nearly two years ago with the Walmart Stores when they were looking to locate in Orange County and their response uas that the demographics of this City were not appropri~te in that half of the community is bounded by the Naval Weapons Station the other half by water. He indicated some erthusiasm however uith the prior suggestion for a football e:tadium on the Hellman land. Mr. stark stated there is also I I I 9-11-95 frontage property on westminster Avenue that could accommodate businesses in that the Hellman land runs from Pacific Coast Highway to Seal Beach Boulevard and Westminster Avenue, mentioning also the prior proposal to construct a street through the Hellman land to westminster. He again criticized the salaries and benefits of certain City staff while the citizens pay an eleven percent utility users tax, suggesting that' possibly the County or someone from Westminster or Long Beach could solicit sales tax producing businesses for Seal Beach. A member of the Council offered that possibly development of the Department of Water and Power property will be revenue producing. Mr. Gordon Shanks, Surf Place, said the only way to secure a business such as a Cosco or Sams Club is if a redevelopment agency pays half of the costs, to which he pointed out that Seal Beach has had a redevelopment agency since 1969 and claimed it costs the City more money than it produces, that with the exception of the Police facility jail that is now finally generating some revenue, and stated that for cities such as Seal Beach the only way it will get its share of sales tax is if it is done on a population basis. He stated his desire that the State legislature stop cities such as Cerritos from using their redevelopment agency to draw all of the business from surrounding communities, his preference being that redevelopment agencies be done away with altogether. Mr. Stark stated he did not want to give the impression that he would promote the use of the redevelopment agency to lure businesses into Seal Beach, rather, stated his opposition to redevelopment and said the taking by cities of tax increment merely pushes the County further into bankruptcy. with regard to agenda item "N", the Los Cabos Restaurant appeal, Mr. Steven Scheuer, 255 - 6th Street, said although there is no distinct proof, many of the business owners on Main Street have been told by the owner of the Seaside Grill, himself and wife as well, that he wishes to purchase the Los Cabos Restaurant if there is approval of extended hours, and said if Mr. Bonadonna is not trying to sell the restaurant then why is he trying so hard to increase the hours of operation. Mr. Scheuer said the restaurant is not busy, never has been, and there appears to only be one motive for increasing the hours from 10:00 p.m. until 1:00 a.m., that being another bar. He stated he did not want another late night bar in Seal Beach, and although it may generate income he felt it will be detrimental to the city. Ms. Laura Brecht, 242 - 6th Street, stated she is opposed to extending the hours of Los Cabos Restaurant, explaining that her neighborhood is generally quiet however is impacted from time to time by parking, inebriated persons, motorcycles, etc. from the Main Street area, and in her opinion the operating hours for this restaurant should not be extended in this family oriented neighborhood. Ms. Ann West, 237 - 6th Street and local business person, agreed with the comments of the previous speakers that the hours of operation of this establishment should not be extended given its location in near proximity to a quiet residential neighborhood. There being no further comments, Mayor Hastings declared Oral Communications closed. COUNCIL ITEMS APPOINTMENTS - BOARDS and COMMISSIONS Environmental Oualitv Control Board Councilman Brown reported having difficulty in locating a person willing to accept the District Two position on the Environmental Quality Control Board, stated his intent to place an ad in the Golden Rain Newspaper, requested any interested person to contact him or the city Clerk, also indicated a desire to seek an appointee from outside his District. The city Attorn,y advised that the City Manager had indicated that Municipal Code 9-11-95 Chapter 7B does not provide that appointments must be made by District, to which he suggested this item may be continued until the next meeting. The Mayor suggested the names of persons residing in the College Park West area of District Two that may be interested in serving on the EQCB. There was an indicated intent to hold this item over until the next meeting. Civil Service Board Mayor Hastings requested that the District One appointment" to fill the vacancy on the civil Service Board be held over. I CABLECAST REOUEST - LOS ALAMITOS HIGH SCHOOL FOOTBALL GAMES Councilman Laszlo stated this is a request for Comcast Cable to televise the Los Alamitos High School Football Games, noting that about half of the team are Seal Beach residents. The Manager said it is understood that a replay of last weeks football game will be shown tomorrow night, and that Comcast is negotiating with the Los Alamitos cable company to televise the remainder of the seasons games, the understanding being that the Cable Foundation did fund these telecasts last year. The Manager said it is unlikely that the games will be broadcast live. Councilman Laszlo added that since the games are played on Thursday or Friday nights it is hoped the tapes can be reshown on Saturday or Sunday. VOTING DELEGATE I ALTERNATE - LEAGUE OF CITIES CONFERENCE Brown moved, second by Doane, to designate Councilman Laszlo as the City's voting delegate to the 97th Annual League of California cities Conference, October 22nd through October 24th. It was noted that Councilman Laszlo would be the only Council representative attending the Conference. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I CONSENT CALENDAR - ITEMS "D" thru "M" Councilman Laszlo noted for the record his abstention from voting on the minutes of June 6th as he had been absent from that meeting. Brown moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar as presented, except Item "J", removed for separate consideration. D. Waived the 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. E. Declared the District One position on the Environmental Quality Control Board to be vacant. F. Approved the minutes of the June 6, 1995 regular adjourned meeting. G. Proclaimed September 17th through September 23rd, 1995 as "Constitution Week." I H. Proclaimed September 24th, 1995 as "Race For the Cure Day." I. Adopted Resolution Number 4407 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGETARY AMENDMENTS FOR THE 1995-1996 FISCAL YEAR (DEPARTMENT OF DEVELOPMENT SERVICES - SCAG PROJECT ACCESS)." I I. I " 9-11-95 By unanimous consent, full reading of Resolution Number 4407 was waived. K. Received and filed the status report relating to the Queens Gate Entrance Channel Deepening Project - U. S. Army Corps of Engineers and Port of Long Beach, and instructed staff to forward same to the Environmental Quality Control Board for information purposes. Received and filed the Monthly Investment Report for month ending July 31, 1995. Approved regular demands numbered 10050 through 10226 in the amount of $423,453.19, payroll demands numbered 13483 through 13488 in the amount of $91,539.69, and authorized warrants to be drawn on the Treasury for same. L. M. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM oJ" - ON-SITE MANAGER - CAMP MARINA I KIDS TIME CLUB - RESOLUTION NUMBER 4411 Councilman Laszlo said his understanding was that Camp Marina is a summer program only, inquired as to the work schedule and location of the on-site manager, as well as related expenses and funding for this position. The Community Services Director reported that Camp Marina is a day-long summer program, the Kids Time Club is an after school until 6:00 p.m. program, both programs taking place at the Marina Community center, stated that additional costs are not envisioned, the on-site manager will replace a college student who now functions in that capacity, will assume that position as a working member of the Marina Center staff, and it is also felt that by having an experienced manager the deployment of staff will be much more efficient. To a question of the Mayor, the Director advised that there are two persons being considered for the on-site manager position, one currently in a similar position in the city of Kilgore, the other a Seal Beach resident teaching special education programs in the city of Long Beach. Councilmember Forsythe noted that these programs have been extremely successful however are consuming the time of the Recreation Supervisor away from other recreation activities/programs, the on-site manager position will allow full time supervision of these programs and the participants. The Manager stated that this is a first step to a change of direction for this program, the position was not created in time for budget considerations as that requires other formal actions, in the meantime this nearly full time position has been created for the balance of this year and by December or January Council approval will be sought to create the full time manager position of that program. He said initial projections had been that $55,000 would be generated through these programs this year however have been revised to anticipate about $67,000, this position the result of concerns with regard to the nature of these programs where it is felt that a greater level of supervision at the site is necessary, someone who is more mature and experienced than a person at the college student level even though students will likely continue to assist with the programs. Councilman Laszlo cautioned against adding positions that may, at some point in the future, be subject to reduction. Brown moved, second by Forsythe, to approve the position of on- site manager for the Camp Marina and Kids Time Club Day Care Programs at a rate of $14.00 per hour by Resolution Number 4411. 9-11-95 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - APPEAL - LOS CABOS RESTAURANT - HOURS OF OPERATION Mayor Hastings declared the public hearing open to consider the appeal of Planning commission approval of Condition Number 4 of I Conditional Use Permit 95-3 relating to the closing hours of Los Cabos Restaurant, 550 Pacific Coast Highway. The City Attorney advised that public comments made earlier in the meeting relating to this item under oral communications should be incorporated for the public record. The City Clerk certified that notice of the public hearing had been advertised as required by law, notices had not been mailed, and reported the receipt of a communication from Mr. Bonadonna advising of his absence from the City on this date and requesting approval of the appeal, and a communication from the property owner requesting continuance of this hearing. Public comments under oral communications were as follows: "Mr. Steve Scheuer, 225 - 6th Street, said although there is no distinct proof, many of the business owners on Main Street have been told by the owner of the Seaside Grill, himself and wife as well, that he wishes to purchase the Los Cabos Restaurant if there is approval of extended hours, and said if Mr. Bonadonna is not trying to sell the restaurant then why is he trying so hard to increase the hours of operation. Mr. Scheuer said the restaurant is not busy, never has been, and there appears to only be one motive for increasing the hours from 10:00 p.m. until 1:00 a.m., that being another bar. He stated he did not want another late night bar in Seal Beach, and although it may generate income he felt it will be detrimental to the city. Ms. Laura Brecht, 242 - 6th I Street, stated she is opposed to extending the hours of Los Cabos Restaurant, explaining that her neighborhood is generally quiet however is impacted from time to time by parking, inebriated persons, motorcycles, etc. from the Main Street area, and in her opinion the operating hours for this restaurant should not be extended in this family oriented neighborhood. Ms. Ann West, 237 - 6th Street and local business person, agreed with the comments of the previous speakers that the hours of operation of this establishment should not be extended given its location in near proximity to a quiet residential neighborhood." Brown moved, second by Laszlo, to continue the public hearing until the regular meeting of Monday, October 9th. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - FEE ADJUSTMENT - TRANSPORTATION FACILITIES I PROGRAMS DEVELOPMENT FEES - MITCHELL-PLAZA PROJECT - PACIFIC COAST HIGHWAY Mayor Hastings declared the public hearing open to consider the application for fee adjustment for the Mitchell Plaza Project, 1600 - 1650 - 1700 Pacific Coast Highway, the Transportation Facilities and Programs Development Fees. The City Clerk certified that notice of the public hearing had been advertised and mailed as required by law, and reported no communications I received relating to this item. The city Manager noted the City'S requirement to levy these fees for transportation impacts, the authority for which was adopted several years ago. He reported that the applicant has indicated that the properties on which they are developing their project was considered during the compilation of the background information used to develop the transportation fee ordinance, specificalLy in reference to trips generated from that property and anticipated to be . generated in the future, the property subsequently became vacant, is now being developed, and the applicant has suggested that since there had previously been a traffic generating use of I I I 9-11-95 the property they should be allowed some consideration, however the ordinance is silent on any such relief. The Director of Development Services noted that a copy of the appeal and comments of staff were included in the Council packet, explained that the basic issue is whether or not to impose the fees prescribed by an ordinance adopted in 1989, and read the provisions of section 22B-14, the only exception to the ordinance, which relates to projects havinq been qranted discretionary permits prior to October 25, 1989. As to backqround of the property, the Director recalled the previous use of the property as the site of the Rum Runners Restaurant with fairly heavy trip qeneration of between five to six hundred trips per day, the uses now proposed for the property would qenerate about three hundred trips per day, a substantial drop in those numbers if the property had been in use over that period of time. He said it is believed that the restaurant closed in 1991, the buildinq was demolished in 1992, since that time the property has been vacant thus qeneratinq no t~ips, the fees were adopted by resolution in 1993 in response to the ordinance, thus this property was vacant at the time the fee schedule was adopted, and in this case the fees are more than $25,000 which the appellant is requestinq consideration of either a full or partial relief. Mayor Hastinqs invited members of the audience wishinq to speak to this item to come to the microphone and state their name and address for the record. Mr. Dave Bartlett, said he has worked with the Mitchell family since the inception of this project in 1993/94, first analyzinq what uses would be appropriate for the property and the community, throuqh citizen meetinqs and public hearinqs it was determined the most appropriate uses would be those allowed under Limited Commercial zoninq, which are a considerably less intense use than the previous restaurant use. Mr. Bartlett noted that the project is under construction, is hoped to be completed by the end of the year, and at least partially occupied. He requested Council consideration of a fair and equitable fee for the project, this project qeneratinq up to two hundred seventy-six trips per day as compared to the previous qeneration of up to five hundred ninety-two trips, pointed out that the environmental assessment for this project indicated that there were no adverse impacts relatinq to traffic qeneration from the project, there was no condition of approval related to the General Plan amendment or zone chanqe that indicated that this traffic fee would be imposed on the project, and it is his understandinq that if another restaurant had occupied the site there would have been no traffic impact fee imposed, the use would have been qrandfathered, yet could have qenerated the five to six hundred trips per day. . Mr. Bartlett reported that the fiscal impact analysis done in 1994 projected a $10,000 per year positive net to the City, and the reasoninq of the project proponents is that the redev.elopment of this property with uses that qenerate substantially less traffic impacts should not be held to the same. standard as a vacant property such as Bixby, Hellman or DWP where those properties will start from a zero traffic qeneration. Mr. Bartlett aqain asked for Council consideration of this nearly $30,000 traffic impact fee, based upon the strict interpretation of the ordinance, and the special circumstances involved. To an inquiry of Mr. Gordon Shanks, Surf Place, the city Attorney responded that he believed the City's Code provides a ninety day qrandfatherinq period. Mr. Shanks said then if it were a new restaurant beinq developed it would be subject to new requirements dependinq upon its size, however this project, which he deemed to be a qood, quality project, is also cominq onto Pacific Coast Hiqhway which is already heavily impacted, ther~~ore based upon the trip qeneration analyses he suqqested that payment of sixty percent of the fee would seem to be a 9-11-95 reasonable compromise. Mr. Dick Mitchell, Central Avenue and President of Mitchell Land and Improvement company, stated that durinq the initial development review the staff had indicated there could possibly be some offset of this fee as a result of previous uses of the property, their company intends to pay all appropriate fees, however are looking for some fairness and equity with this particular fee. Dr. David Rosenman, 8th I street, recalling actions taken relating to the Green Pepper when it became vacant, cautioned that to start waiving fees may set precedent for other developers to request similar consideration. To a question of Council as to whether there is a difference between parking requirements and traffic impacts, the City Attorney replied in the affirmative, traffic impacts beinq the generation of traffic. He explained that the transportation impact requirements were imposed on cities in the early 1990's, the fees were adopted in 1993, a totally different concept from conditional use permits, variances, etc. where mitigating conditions may be applied, however some cities do have some means for providing adjustments, waivers, credits, etc. staff indicated this to be the second project where the traffic impact fees apply, the other being the demolition of a single family home and replaced by two structures. Mr. Bartlett inquired as to the application of the fee to Burger King to which staff offered to review. Councilman Brown said he did not feel the grandfathering issue was adequately addressed when the enabling ordinance and fee resolution were prepared, therefore it would be his suggestion to refer this item back to staff for review and amendment of the Code, possibly develop specific time frames for application of this fee, and attempt to equitably resolve the appeal I simultaneously. Councilmember Forsythe said she basically agreed with Councilman Brown however at some point with the amount of development that is occurring around Seal Beach and the accrued impacts on this City there needs to be a time when the developers must start paying for mitigation, concern also with other developments in the community. Mr. Bartlett stated the exact amount of the traffic impact fee was learned about six weeks ago, however there is recollection of mention of the fee and a possibility of some adjustment at a meeting held early in the process. Mr. Bruce Stark, Seal Beach, objected to any waiver or reduction of fees, which he claimed happens all too often. He also asked if the developer paid Quimby Act park fees on the housing units, and if the traffic impact fees go into the general fund or for a specific purpose, a parking lot for example. The Director responded that the funds are placed in an account for road improvement purposes, a parking lot project would not qualify. Mr. Stark countered that road improvements do not mitig~te traffic where a road widening or a parking lot would. Discussion continued with regard to closing the public hearing, referring this item to staff, closing public testimony only, etc. Mayor Hastings declared the public testimony portion of the hearing to be closed. It was the order of the Chair, with consent of the Council, to declare a recess at 8:10 p.m. The Council reconvened at 8:21 I p.m. with Mayor Hastings calling the meeting to order. As to the use of the fees paid, the City Attorney advised Councilman Laszlo that this is designed to address both facilities and programs, the ordinance defines 'facilities' as roadway improvements, signals, right-of-way improvements, etc., and 'programs' are defined as ride sharing, transit subsidies, altering of work week, scheduling, education, etc. With regard to Councilman Laszlo's specific reference to facilities, the Director explained that the 1991 background study, which was the basis for the fees, set forth improvements to intersections such I I I 9-11-95 as right of ways for additional right turn lanes, restriping for additional lanes, signal installations, synchronization of signals, etc., all of which may be funded with the traffic impact fees, and pointed out this is totally a local fee. Councilman Laszlo asked also about use of these fees for parking facilities or parking structures, making specific reference to the periodic mention of purchasing the lot off of Main street. Councilman Brown again suggested that the ordinance should be revised to set forth a method for dealing with this type of situation in the future. Pointing out that the impacts from this project are on a state highway, Councilmember Forsythe asked what type of improvements the City could implement given the necessity to work with CalTrans, as an example, a three-way signal at 12th street would be desirable. The Director advised that these funds could be used for that purpose, in fact that intersection as well as the intersection of PCB at Seal Beach Boulevard were identified in the 1991 study as needing signal improvements, noting that this project lies betw~en those two locations, and as far as State participation in such a project there would be a greater chance for state approval and participation if there were some local set-aside monies up front. The Director confirmed these are the same type of fees that will be applied to the Bixby project. Given upcoming projects in the community, Councilman Laszlo expressed reluctance to refer the traffic impact ordinance back to staff for revision at this time, his preference being negotiation and compromise in this case. In response to comments of the Council, the Director explained that the fee is not based on trips per day, rather it is on a certain dollar amount per square foot of construction, thus the trips per day can not be compared to the per square foot calculation, there are also different fees for different types of land uses, this project was calculated at the office rate as it is anticipated that eighty percent of the buildings will be such use, noting also that the fee resolution provides for uses that are not specified and in that case the fee is based on an approximate $956 per evening peak hour trip, however in this case no data is available as to that number. Councilmember Forsythe requested clarification of the Burger King fees, and some type of compromise of this fee without jeopardizing the existing ordinance. The Director offered to provide Council with a status report at either the September 25th or October 9th meeting, also advised that there will be no impact on the construction of the Mitchell project in that they have paid their fee in order to obtain building permits. To further comments the City Attorney explained that the definition of 'development project' is the construction or addition of commercial or industrial floor area which requires a building permit, additional residential dwelling units, a change of use which requires a building permit, these the type of things that the traffic impact ordinance applies to. As to prior reference to non-conforming rights he advised that there is no specific provision in this ordinance as to non-conforming rights, rather, his reference had been to non-conforming provisions, qrandfathering, of the zoning ordinance, the issue is when there has been an existing use should it be compared to the new use or should it be treated as a vacant property, the fee in question is being treated as a vacant property as there was no business on the site for at least a year. Based upon comments of the Council, the City Attorney suggested an amendment to the existing ordinance. Councilman Laszlo again asked the purpose of this fee, for traffic improvements or mitigation, is it required to be spent in the area of the project or anywhere in the City. The Director advised that the funds can be spent anywhere in the City however they must be spent within a certain time limit otherwise they are refunded. The City Engineer added that he felt certain the OKS analysis identified a number of 9-11-95 areas in which these funds could be spent, improved intersection capacity just one example. Councilman Brown moved to continue the pUblic hearing until October 9th, noting that public.testimony has been closed, and that staff be instructed to develop a recommendation as to the traffic impact fee structure, and possible amendment to the I traffic impact ordinance or resolution. Councilmember'Forsythe seconded the motion. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CITY MANAGER REPORTS The City Manager reported that construction of the public safety building at the pier began over the weekend, there was some concern as to the construction posing a conflict with the craft fair, however that was resolved. He said it was learned this date that there is some move forward on the 800 MHz program, a meeting of the Board of Directors is scheduled for tomorrow, the County has determined that they are not in favor of a JPA and evidently have identified some money that could be used as the County's portion of the 800 MHz system therefore it appears they will be reconsidering the previous program, before the JPA proposal, thus there may be an item on an upcoming agenda that will recommend withdrawing the City's agreement to enter the JPA and the entering into a different agreement for that system. He requested that this meeting be adjourned until next Monday for review of city Manager resumes and personal profiles. After some discussion, the council determined to meet at 4:00 p.m. CITY COUNCIL REPORTS -I' Councilmember Forsythe referred to an issue that surfaced some three to four years ago and again just recently, which she reported having received a call from a Bridgeport resident expressing concerns with noise and the safety of the high voltage power lines, the resident has done some research and has now published and distributed a newsletter to residents in the general location of those lines. She stated that these lines are dedicated, serving only the Rockwell corporation. In addition to calling the city's Edison representative previously and obtaining information that was basically of no consequence, councilmember Forsythe requested some direction as to a next step contact regarding this concern. She noted that the last quote to underground those lines was about $1 million, and possibly there could be some negotiations toward that end. Councilman Doane reported that he and councilman Brown recently toured the police jail facility at the invitation of captain Maiten, to which he commended the facility and the Police Department for the cleanliness of the facility, the quality of civilian staff, even the quality of prisoners, etc., and stated the operation is doing as was promised, generating revenue to the city over what was initially anticipated. councilman Brown mentioned that at the time of considering the privatization of the jail it had been anticipated that other cities would utilize the facility, however they have not to any degree therefore City I' staff solicited the federal government to house some of their offenders. Mayor Hastings mentioned that she and councilman Brown had attended a League of Women Voters meeting this morning during which Councilman Brown described the type of prisoners housed in the facility. Councilman Laszlo said he was aqain requesting some financial data on the jail facility. councilman Brown reported that the bankruptcy Consensus Plan is now in Sacramento and it is likely that final results will not be fUlly known until afte~ the close of this legislative session. coun~ilman Laszlo made reference to a news article relating to the distribution of fliers, in some instances it is illegal to I I I 9-11-95 leave them if the property is posted, or if the property is unoccupied, in some areas distribution is not allowed at all, to which he asked that the city Attorney look into a leqal method to control flier distribution, possibly the City Manaqer could qather requlations from other cities first. The Mayor suqqested that when one is qoinq to be away from home a neiqhbor or friend could collect newspapers, fliers, etc., and noted that distribution of fliers play an important role in election campaiqns, etc. Mayor Hastinqs expressed concern with reqard to the sand situation in Surfs ide as well as Seal Way and the fact that it is predicted that this may be an El Nino winter, in that the beach nourishment project that was thouqht to occur this fall, for which State and County funds have been allotted, the Army Corps of Enqineers and the federal qovernment say they have no budqeted monies for that project. The city Manaqer reported that information received this date is that Conqressman Rohrabacher had been in touch with the Army Corps in Washinqton, in turn a messaqe was transmitted to the District office here, and it has been concluded that there is no way that they can accomplish that project this season, monies will likely not be available this or even next fiscal year, the qoal at this time is to have monies available by June of next year from projects that have not been completed durinq the fiscal year, October to September, and in anticipation it is hoped that the State appropriation can be held for a few years, County funds are budqeted this year, next year may be questionable. The Mayor expressed doubt that the State funds will be retained for any lenqth of time. She said it is understood that the Craft Fair was a successful event, and expressed appreciation to Mr. Haley and the contractors for commencinq construction of the community safety office. ORAL COMMUNICATIONS Mayor Hastinqs declared Oral Communications open. Mr. Gordon ShankS, Surf Place, said the commencement of resurfacinq of downtown streets was a welcome siqht last week, and inquired as to the status of resurfacinq of 12th Street between Electric and Ocean. Mayor Hastinqs said the Public Works Department advised that the ficus trees must first be removed or they will continue to tear up the pavement. Ms. Fran Johnson, Coastline Drive, reported that the Market Place in Lonq Beach allowed the Animal Care Center an entire day to display animals that are available for adoption and durinq that time nine doqs and several cats were adopted and other persons have since visited the Center, that went on in the midst of music, an auction, tee shirt sales, etc., and the businesses donated a certain amount of proceeds from sales to the Center as well. Ms. Johnson reported an incident of animal abuse in the city as well, suqqestinq that it be looked into. Mayor Hastinqs asked that a letter of appreciation be forwarded to the Market Place in addition to that of the Friends of the Animal Care Center. Councilman Brown announced a Fair and pettinq Zoo to be held at the Rossmoor Center on Saturday from 9:00 a.m. until 4:00 p.m. There beinq no further comments, Mayor Hastinqs declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meetinq until Monday, September 18th at 4:00 p.m. to meet in Closed Session to review City Manaqer applicant resumes. By unanimous consent, the~inq was adjourned at 9:21 p.m. ,/ ,V,' f Clerk and ex-of clerk of the of Seal Beach 9-11-95 I 9-18-95 Approved: I Attest: Seal Beach, California September 18, 1995 The City Council of the City of Seal Beach met in regular adjourned session at 4:02 p.m. with Mayor Hastings calling the meeting to order. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Doane, Laszlo Absent: Councilmember Forsythe Councilmember Forsythe arrived at the meeting at 4:12 p.m. Also present: Mr. Shelver, Interim City Manager Mrs. Yeo, City Clerk APPROVAL OF AGENDA Brown moved, second by Doane, to approve the order of the agenda as presented. I AYES: NOES: ABSENT: Brown, Doane, Hastings, Laszlo None Forsythe Motion carried ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION By unanimous consent, the Council adjourned to Closed Session at 4:04 p.m. The Council reconvened at 6:00 p.m. with Mayor Hastings calling the meeting to order. It was reported that the Council had conducted a resume review of the applicants for the position of City Manager. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, September 25th at 6:30 p.m. By unanimous consent, the me~g was adjourned at 6:02 p.m. W~' ?n/ /' / ~(J/),- __~" c~y/ lerk ana ex-officio clerk of the ~ of Seal Beach I" Approved: