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HomeMy WebLinkAboutCC Min 1995-12-11 I I I 11-27-95 I 12-11-95 stark's comments said an attempt will continue to find the pump station keys, and expressed appreciation to the Council and others for reading the Sun newspaper. Councilman Brown ended the jest by admitting that the pump comes on automatically, there are no keys. Ms. Fran Johnson, Seal Beach, extended an invitation to all to attend a rummage sale this coming Saturday to benefit the Animal Care Center, offered a tour of the Center to anyone interested as well. It was reported that the recent telethon for the Center raised about $4,000. There being no further comments, Mayor Hastings declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, December 11th at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 8:05 p.m. /l I I Attest: the Approved: Seal Beach, California December 11, 1995 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL ClH.T. Present: Mayor Hastings Councilmembers Brown, Doane, Forsythe, Laszlo Absent: None Also present: Mr. Barrow, city Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA Brown moved, second by Laszlo, to approve the order of the agenda as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS There were no Oral communications. 12-11-95 CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the item identified on the agenda, existing litigation, Youngerman versus City of Seal Beach, pursuant to Government Code section 54956.9(a). By unanimous consent, the council adjourned to Closed Session at 6:31 p.m. The Council reconvened at 6:47 p.m. with Mayor Hastings calling I the meeting to order. The city Attorney reported the Council had discussed the item identified on the agenda and gave authority to the City Manager. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:48 p.m. Clerk and ex-off~ of Seal Beach of the Approved: Attest: I Seal Beach, California December 11, 1995 The City Council of the city of Seal Beach met in regular session at 7:04 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CJlT.T. Present: Mayor Hastings Councilmembers Brown, Doane, Forsythe, Laszlo 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 I APPROVAL OF AGENDA Councilmember Forsythe requested that Item "I" be removed from the Consent Calendar for separate consideration. As a point of information, the Director of Development Services noted that Council-had been provided a replacement page fifty-three of proposed Ordinance 1398 which is reflective of minor changes in the ordinance to section numbers, references, etc. recommended by the City Attorney. Brown moved, second by Forsythe, to approve the order of the agenda as presented. 1- I I 12-11-95 AYES: NOES: Brown, Doane, Forsythe~ Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Dr. Gordon LaBedz recognized Nick's Deli as the recipient of the Blue Water Business Award presented by the Surfriders Foundation, an award for having done something extra for the coastal environment. He said in the case of Nick's drinks are served in bottles or cans rather than styrofoam cups, takeouts are wrapped in paper or are in a bag, everything recyclable, rather than the fast food debris that is commonly found on the beach. Mr. Zambino expressed appreciation for the recognition and wished all a happy holiday. Congratulations were extended by members of the council, and mention was made of an article in an Orange County newspaper this date focusing on Dr. LaBedz and his efforts with the Surfriders Foundation. Mr. Bruce Stark, Seal Beach, stated he was disturbed to read in the local newspaper that the City is providing a $75,000 loan to the city Manager to buy a home in this community, stated his opinion that this is an inappropriate and questionable use of public funds, particularly since the new Manager presently owns a home on which he could apply for a second, and questioned if other employees or members of the public could seek a loan from the City as well. Mr. Stark noted that the Recreation Director was recently paid $25,000 to leave City employment, the City Engineer of a number of years was eliminated as a cost saving measure then retained for engineering services from a private consultant, now it is learned that a new City Engineer has been hired therefore there was apparently no cost saving. He cited also the request for bids for three new trucks, one being a deluxe model, questioned the need for a deluxe truck, or, if the financial condition of the City is that good the utility users tax should either be reduced or eliminated. Mr. Gordon Shanks, 215 Surf Place, stated he personally did not like the fact that housing is so expensive that a home for the City Manager needs to be subsidized, however, citing past experiences, noted the importance of having the City Manager live within the City particularly in cases of emergency. He mentioned that his idea had been that the yellow, Krenwinkle, house, once moved, could become the home of the City'S Manager. To the comments of Mr. Stark, Mayor Hastings responded that this Council would never do anything illegal or inappropriate. Mr. Ed Simmons, 7th Street, directed his comments to the last two flooding incidents, to which he stated that the easterly flood control pump did not activate until the water was two feet above grade level on both occasions. Mr. Simmons inquired as to the elevation of the automatic switch in the pump station as compared to the lowest portion of 17th Street, and said if that is not known it needs to be determined as quickly as possible and adjusted. The City Engineer offered to contact the County and have the elevation verified. Ms. Sue Corbin, Seal Beach, asked that an item be placed on the next agenda relating to legal adjudication. To an inquiry of Council, the city Attorney explained that anyone may request an item be placed on the agenda however it is at the discretion of the Council to direct that it be done. Recalling that the utility users tax was approved by the Council rather than a vote of the people, Ms. Corbin asked if the city will be prepared if it is determined that that tax must be repaid to the citizens. Members of the Council responded that there is no way to be prepared for something like that, that there are about one hundred California cities that may face the same problem, and at this point there is no immediate impact as Seal Beach is a charter city. Ms. Corbin mentioned that in years past there was a citizen that periodically reminded the City that the pump valve needed to be checked, stated also that the storm system infrastructure is falling apart and it is likely the voters 12-11-95 would approve a bond measure for such improvements. There beinq no further comments, Mayor Hastinqs declared Oral Communications closed. APPOINTMENT - CIVIL SERVICE BOARD The District One appointment to fill the vacancy on the Civil Service Board was held over. I CONSENT CALENDAR - "B" thru "K" Brown moved, second by Laszlo, to approve the recommended action for items on the Consent Calendar as presented, with the exception of Item "I" to be considered separately. B. Approved the waiver readinq in full of all ordinances and resolutions and that consent to the waiver of readinq shall be deemed to be qiven by all Councilmembers unless specific request is made at that time for the readinq of such ordinance or resolution. C. Determined to cancel the December 25/26, 1995 City Council meetinq for the holiday season. D. Approved reqular demands numbered 10993 throuqh 11100 in the amount of $569,180.58, payroll demands numbered 14665 throuqh 14670 in the amount of $42,286.33, and authorized warrants to be drawn on the Treasury for same. I Approved the Official Police Tow Service Aqreements with Mr. C's Towinq and Medlin Towinq for the term commencinq December 11, 1995 for the period of two years, and authorized the Mayor to execute the Aqreements on behalf of the City. F. Approved the Letter of Aqreement by and between Robert Luraschi and Annabelle Luraschi and the City of Seal Beach, specifyinq the terms under which the City can accept the donation from the Luraschi family of the Krenwinkle House at 112 Central Avenue, and authorized the Mayor to execute same on behalf of the City. Approved a revised Non-Standard Improvement Aqreement (Encroachment Aqreement) with the Mitchell Land Development Company relatinq to the development of properties located at 1600 and 1650 Pacific Coast Hiqhway, and authorized the city Manaqer to execute same on behalf of the City. Approved the minutes of the November 13, 1995 reqular adjourned and reqular meetinqs and the November 27, 1995 reqular adjourned and reqular meetinqs. J. Authorized the City Manaqer to neqotiate a cooperative fundinq aqreement with Surfs ide Colony for Emerqency Revetment Repair, Project Number 669, approved the transfer of funds up to $31,000 to finance the City'S E. G. H. I I I I 12-11-95 K. cooperative share of the project, and authorized the city Manager to execute a construction contract with Rock structures Construction company at a cost not to exceed $61,562 for the emergency repair of the existing revetment at Surfs ide Colony. Adopted Ordinance Number 1398 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING BY REFERENCE THE UNIFORM BUILDING, PLUMBING, MECHANICAL, FIRE, HOUSING, ADMINISTRATIVE, SIGN, SOLAR ENERGY, BUILDING SECURITY, ABATEMENT OF DANGEROUS BUILDINGS, SWIMMING POOL, SPA AND HOT TUB CODES, 1994 EDITIONS, APPENDIX CHAPTER 1 OF THE 1994 UNIFORM CODE FOR BUILDING CONSERVATION, AND THE NATIONAL ELECTRICAL CODE, 1993 EDITION, MAKING AMENDMENTS THERETO, AND AMENDING PORTIONS OF CHAPTER 5 OF THE CODE OF THE CITY OF SEAL BEACH AND DECLARING THE URGENCY THEREOF." By unanimous consent, full reading of Ordinance Number 1398 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I" - RESOLUTION NUMBER 4432 - 1995/1996 SPEED ZONE SURVEY with regard to her ongoing concern relative to the many children in this community and the number of cars that drive too rapidly on residential streets, councilmember Forsythe mentioned that a concern she has received relates to First Street traffic in that the Street is posted for twenty-five miles per hour from Ocean to Marina Drive then jumps to forty-five from Marina Drive to Pacific Coast Highway. She said much of that concern is from residents of the Trailer Park where there are a number of small children, also given the proximity to the Marina Center which houses a pre-school, youth activities, etc., and asked if it would be possible to lower the speed limit on First Street. Noting that the method of establishing speed limits was described in the staff report, the City Engineer stated that State speed zone law allows a speed to be set at the eighty- fifth percentile which, in this case, is the forty-five miles per hour, however there is provision of the law that would allow that area to be revisited, the Council would then have some discretionary options if findings can be made, an example of a changed situation would be if the number of pedestrians crossing that Street has significantly increased. Discussion continued regarding the survey procedure, speed checks of approximately one hundred vehicles at half mile increments during off peak hours which are taken by Police Department personnel, the critical speed means the eighty-fifth percentile, the pace speed is the median speed, and question was raised if a caution light could be installed as well. Council was advised that the actual surveys are on file in the office of the city Engineer and at the Police Department. Brown moved, second by Hastings, to approve Resolution Number 4432 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING SPEED LIMITS ON CITY STREETS AND RESCINDING ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 4432 was waived. It was the consensus of the Council that staff relook the speed limit on First Street between Marina Drive and Pacific Coast Highway given the indicated desire of the Council that it be 12-11-95 lowered given the concern with the safety of children. A member of the audience cautioned that if a speed limit deviates much from the survey it then becomes a 'speed trap' and is unenforceable. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CITY MANAGER REPORTS There were no city Manager reports. COUNCIL REPORTS Councilman Doane conveyed a Merry Christmas and Happy New Year to all. Councilman Brown wished all Happy Holidays as well. Councilman Laszlo stated that since the Bixby project was withdrawn by the developer he is thinking of organizing a committee of College Park East residents to consider what would be an acceptable development on that property, specifically at the corner. He wished all a Happy and Safe Holiday. Councilmember Forsythe reported that she, Mayor Hastinqs, the city Manaqer, and Development Services Director met with representatives of the city of Huntinqton Beach this date regardinq the Bolsa Chica development durinq which it was learned that when the Coastal Commission considers the development in January and if the Commission approves the plan, the Koll Company will then be able to proceed as there is no other qoverninq body from which an approval will be required, and even if the low lands are desiqnated to be unsuitable for development there is still a potential for two thousand five hundred dwellinq units on the bluff, which will be a considerably high density development. She cited developments over the past five years in Huntington Beach as the cause of what is now being experienced on the roadway network, the impact from the Koll project will be devastating, and noted the total development in Huntington Beach over that period of time is approximately ten thousand units. Councilmember Forsythe . requested that the citizens of Seal Beach write a letter to the California Coastal commission and state their adamant opposition to the Koll development given the resulting impacts to the roadways, the environment, the coastline, schools, water, air quality, etc. as the area can not accommodate another two thousand five hundred homes. She wished all a wonderful Holiday Season. Mayor Hastings cited all aspects of the 1995 Christmas parade as being terrific. She bid all a Happy Hanukkah and Merry Christmas. ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. with regard to Item "F", the Luraschi family property, Mr. Gordon Shanks, Surf Place, said it was his recollection that the last action of the Council had been some form of agreement that the yellow house would be moved. The City Manager responded that the issue was not resolved in that a permanent location was never identified. Mr. Shanks said he thought that the property southwest of the racquetball courts, believed to be the Exxon property, had been chosen. It was again confirmed that no site, although a number have been considered, has been determined for relocation of the house. Mr. Shanks noted the reference in the agreement to the term 'salvage' meant to him that it is to be destroyed or placed for sale, asked the amount of development fees contained in the Park Fund or the amount that could be used for this purpose, and to the response of $30,000 Mr. Shanks said he found it difficult to believe that it will cost that amount to just move the building a short distance to possibly the Exxon property, and an additional $15,000 to $20,000 to cover the cost of constructing the new foundation, etc. He noted that the Krenwinkle house was initially moved from Anaheim Bay in 1942. I I I I I I 12-11-95 He took exception to the staff report projectinq that the fiscal impact in the first year could ranqe between $60,000 and $250,000, therefore the readinq of that report leads any rational person to determine this can not be afforded by the City therefore it should be salvaqed, meaninq bulldozed. Mr. Shanks made a point of the affiliation with the Historical Society of himself and his wife, the private efforts to raise $3,000 to fund repairs to the Red Car caused by the floods of last year, and more recently the qenerosity of the community to raise about $170,000 for the construction of the Police Sub- Station, which he claimed is a distortion of values in that a police officer on the street is known to be much more valuable than havinq an officer inside that buildinq. Mr. Shanks said aqain that the distorted values of this community is at times somewhat bothersome. The City Manaqer clarified that in the case of the Krenwinkle house the term 'salvaqe' was meant to mean 'save'. Ms. Corbin, Seal Beach, inquired as to what would be the upkeep of the house, that once moved she could see the upqrade to Code, etc. done privately if the desire is to keep it, however the City can not afford to do so, however cited the fact that all of the other older houses in the community have been lost. In reference to prior quotes to move this house the city Manaqer recalled they were in the ranqe of $25,000 and may have included a new foundation, those quotes were updated based upon an inspection of the structure by the buildinq inspectors to between $40,000 to $50,000 if all improvements were done by private contractors, includinq the movinq, foundation, electrical, plumbinq, sandblastinq, repaintinq, etc. however did not include some of the handicapped accessible improvements that would be required. He explained that the intent of placinq this item on the aqenda was to fulfill the oriqinal obliqation of the city to the Luraschi family to accept the house and diliqently attempt to find a relocation site for it, also for the public and private sectors to seek a solution to accomplish this within the next year. The Mayor said it had been envisioned that the upstairs would be renovated as computer rooms for use by children after school, an elevator for the handicapped, etc. The Director of Development Services explained that an ADA specialist was requested to inspect the house as to what mayor may not be desired as its use, however that can not be done until the first of 1996, and noted that installation of an elevator would be a substantial cost. Ms. Carla Watson, Catalina Avenue, read a written request, siqned by some thirty- four persons, for the Council to preserve the Krenwinkle home as a livinq history museum for Seal Beach, cited the cost to move, refurbish and maintain the house, and and offer to participate in any effort towards its preservation. She shruqqed off any claim that this house is worthless, said the house was built at the turn of the century, is representative of the style of houses that were built at Anaheim Landinq, and was so special that it was moved to Seal Beach proper in the 1940's at the commencement of World War II. Ms. Watson said she was not certain as to where the house miqht be relocated, her preference would be the north side of Marina Drive as that is a qateway to Seal Beach. She claimed that the house is a touchstone to many citizens, could accommodate passive recreation uses, qatherinqs, etc., and expressed her opinion that $30,000 to $40,000 to save this historical structure is nothinq in comparison to expenditures for other thinqs in this community, also, savinq this house may be somethinq that can be done on a voluntary basis. Ms. Watson aqreed with a prior comment that the Bolsa Chica project must be stopped, and that can be accomplished at the Coastal Commission level if there is a commitment on the part of the residents to do so. Mr. Bruce Stark, Seal Beach, aqreed with Councilmember Forsythe as to her concerns reqardinq speed limits in Seal Beach however said speed is only one element of the Vehicle Code, pointed out as well that the limit 12-1~-95 / 12-27-95 / 1-8-96 on speed has just been raised. He suggested that the police take action against other violations of the City and state Codes with regard to safety regulations to which he gave examples of violations by skateboarders and bicyclists, nonchalant joggers with small children in front push-buggies, black jogging outfits, etc., and in his opinion within three months of I actively bringing to attention or citing those types of violations, accidents and deaths on city streets would be reduced more than with the speed limit issue. There being no further comments, Mayor Hastings, declared Oral Communications closed. ADJOURNMENT The City Attorney recommended that the December 25th/26th meeting be adjourned until Monday, January 8th, 1996 at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeti was adjourned at 8:12 p.m. Attest: Clerk and ex-off of Seal Beach clerk of the Approved: I Seal Beach, California December 27, 1995 NOTICE IS HEREBY GIVEN that the regular City Council meeting that was to be held on December 27th, 1995 due to the holiday season schedule was cancelled pursuant to direction of the city Council on December 11th, 1995 and adjourned until January 8th, 199 at 6:30 p.m. to meet in Closed Session if deemed necessary. Seal Beach, California January 8,- 1996 I The City Council of the City of Seal Beach met in regular adjourned session at 6:31 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. 0 '0. . - . , l'-.....