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HomeMy WebLinkAboutCC Min 1996-03-11 I I I .<1' ,'.t 2-26-96 / 3-11-96 Approved: erk and ex-of f Seal Beach Attest: Seal Beach, California March 11, 1996 The reqular adjourned City council session scheduled for 6:30 p.m. this date was cancelled due to the lack of Closed Session matters requirinq consideration. Seal Beach, California March 11, 1996 The City Council of the City of Seal Beach met in reqular session at 7:04 p.m. with Mayor Hastinqs callinq the meetinq to order with the Salute to the Flaq. ROLL CALL Present: Mayor Hastinqs Councilmembers Brown, Doane, Forsythe, Laszlo Absent: None Also present:. Mr. Till, city Manaqer Mr. Barrow, City Attorney Mr. Whittenberq, Director of Development Services Mr. Badum, City Enqineer/Director of Public Works Mrs. Yeo, City Clerk APPROVAL OF AGENDA Mayor Hastinqs requested that Items "J" and "L" be removed from the Consent Calendar, Councilman Doane requested Item "0" removed, Councilmember Forsythe requested Item "N" removed, the city Attorney noted that the appointment to the Seal Beach Cable Communications Foundation would be held over until the next meetinq, and there was consensus of the Council to consider the Southern California Edison/Rockwell International presentation and Item "N", the Girl Scout proclamation, prior to Oral 3-11-96 Communications. Brown moved, second by Forsythe, to approve the order of the aqenda as revised. AYES: NOES: Brown, Doane, Forsythe, Hastinqs, Laszlo None Motion carried PRESENTATION - SOUTHERN CALIFORNIA EDISON I ROCKWELL I INTERNATIONAL - 66KV LINES Mr. Mike Baddley, a representative of Rockwell International, spoke reqardinq the 66KV Edison lines. He recalled a prior statement that Rockwell was in the process of approvinq a project to update their emerqency qenerator system so that the second feeder, which runs throuqh Seal Beach, could be placed in a backup mode, to which he stated that that upqrade project has now been approved, has qone throuqh the desiqn process, the equipment has been installed, is presently beinq tested, and the project is anticipated to completed by the end of this month. Mr. Baddley announced that at that point Rockwell will no lonqer require service from the 66KV lines and in turn will allow Edison to take whatever action they deem appropriate. Mr. Jerry Dominquez, Southern California Edison representative, expressed appreciation to the City and Dr. Paul Yost for workinq with ~dison on this issue, and to Rockwell for their cooperative efforts that will be a benefit to the City, a win situation for all parties. He noted that this parallel circuit that runs throuqh Seal Beach for about three and a half miles had not been the shortest route available however the property and franchise riqhts were already in existence when that line was dedicated for service to Rockwell, and explained that once Rockwell is on sinqle line service the 66KV lines will no lonqer be necessary thus will allow their removal. He stated the removal will likely commence within the next month, affected property owners I will be contacted to schedule access permission, primarily on Bolsa Avenue and First Street from Pacific Coast Hiqhway to Marina Drive, and noted that on Marina Drive the poles will not be removed in total as there are other facilities involved. On behalf of the City, members of the Council commended both Rockwell and Edison for their cooperative efforts and expedient resolution of the 66KV line concern, as well as the efforts of Dr. Yost, all to the benefit of the citizens of this community. Dr. Paul Yost, Seal Beach, expressed his opinion that this issue has been a commendable example of corporations workinq toqether, and commended members of the Council, staff, and citizens for their efforts as well. ITEM "N" - PROCLAMATION - GIRL SCOUTS Mayor Hastinqs read in full a proclamation declarinq March 12th, 1996 as "Girl Scouts' Be Your Best Day." Ms. Holly Scott, Service Unit Manaqer of Seal Beach and Brownie Troop 1051 co- Leader, introduced co-Leader Teri Bennett, Brownies Katie Scott and Josie Bennett, and expressed appreciation for the proclamation. As part of the "Be Your Best Day" recoqnition Ms. Scott announced an upcominq clothinq drive in conjunction with the Salvation Army, the proceeds to benefit Salvation Army proqrams, also confirmed the on-qoinq Girl Scout cookie sale, the proceeds to be used by the Troop for a trip to Girl Scout I Camp. The Brownies displayed Girl Scout cookies presented as qifts to the Councilmembers. ORAL COMMUNICATIONS Mayor Hastinqs declared Oral Communications open. Mr. Richard Hauser, Fir Avenue, directed his comments to the District Four City Council election on March 26th, expressinq his belief that the campaiqn has escalated out of proportion. For information of the Council, Mr. Hauser described an incident over the weekend while he was distributinq literature for a meetinq when a man approached him and demanded to see what was on his - ..- I I I ;~t. "i~,.,.I,<'"!;...,...:.~.,~ ....f; . 1"' . .:_ ;:"'.:'0 3-11-96' clipboard, and given his concern with that incident he requested that the pOlice investigate the matter. He said he has since learned the identity of the person, claimed that the individual is related to a person on the College Park East Neighborhood Association Board, therefore stated that that group has become politicized rather than remaining non-political, and questioned the legality of same. Hr. Mike Ward, introduced himself as Chairman of the El Toro Reuse Committee and Mayor of the City of Irvine. Hr. Ward stated a public meeting was held in February to discuss the release of a document relating to a preliminary opportunities for commercial aviation development of the Marine station El Toro, a report that identifies issues related to the conversion of El Toro to commercial aviation, the report ' critical to an on-going study to aid the identification of feasible reuses for the EI Toro Station, the final report to identify issues that will need to be addressed before an aviation use can be located there, including but not limited to realistic passenger demands, major airline interest in the site, infrastructure, noise, traffic, and environmental issues. He offered that two possible aviation scenarios will be considered for analytical purposes, a large scale commercial/international airport and a dedicated cargo hub, to date the consultants , preliminary analysis of technical, environmental, and physical issues affecting a proposed commercial airport at El Toro has identified significant constraints such as the size, location and condition of existing facilities and buildings that are generally unsuitable for general commercial use, also the close proximity of two commercial airports is likely to create reluctance by new carriers to move into a newer, larger, more expensive facility at El Toro when competitors could operate 'at John Wayne Airport at a lesser expense. Hr. Ward said the conversion of El Toro will approximate the cost of building a new airport on vacant land, likely $2 to $2.5 billion, additionally, over $2 million is still owed on bonds for John Wayne, also, under federal law it is unlikely that restrictions could be imposed for a commercial airport use on operating hours, number of flights, and number of passengers at El Toro similar to those imposed on John Wayne until the year 2005. He claimed that a commercial airport use would significantly increase traffic and impact traffic relief that would otherwise be provided by extending roads through the Base without an airport use, environmental cleanup could cause significant litigation and delay and would be required to be addressed before development could occur where non-aviation business ventures would not pose the major capital and planning problems that would accompany a large scale airport, additionally non- aviation development could occur more quickly as toxic.waste remediation would occur on a parcel by parcel basis. ,He claimed that the financial climate is uncertain for commercial aviation development, and as such the Reuse committee is dedicated to " ensuring that the public be made aware of the cost and consequences of the reuse of El Toro for aviation and non- aviation alternatives. Mr. Charles Antos, 328 - 17th Street, asked to address agenda Item "L" when it is considered. Mr. Antos made reference to the rainy weather conditions the past Monday, the unusual running of the street sweeper in the rain, and to construction on 16th and 17th Streets near Pacific Coast Highway where there were sawcuts and trenches in the street along with debris and mud. He noted City Code and Building Code provisions that make a contractor responsible for the clean up of their construction sites otherwise it is deemed to be a . public nuisance, and voiced his objection to the city _ ." participating in any such clean up, and in turn, use its police powers to cite cars of residents while exempting the vehicles of the contractor, as he.had been informed by the Police Department that the contractor's vehicles are exempt pursuant to the Public Works Department. ~r. Antos claimed that practice is a . . 3-11-96 violation of equal protection under the law, is selective enforcement on the part of the Police Department, is use of public monies to clean a construction site for a contractor, and assuming all is true, called for the resignation of the Police Chief, the Director of Public Works, and the Council if this practice is allowed to continue. Mr. Jim Meyers, Beachcomber Drive, noted ~e new stop signs on Bolsa Avenue in the vicinity of McGaugh School, and reported having observed many persons going through those stop signs this evening. He pointed out that the public was not notified of the change of location of the signs, nor was it reported in the newspaper, the concern is with children going to school early in the morning, a concern also with the relocation of the cross walk further east on the Avenue, pointing out as well that a number of people have been observed in the past jaywalking Bolsa to reach the play fields which may now increase. Mr. Meyers asked that another crosswalk be placed at Riviera or near that area as the school grounds are high usage. He said although the intent may be to slow traffic with the installation of two stop signs he could foresee cars exiting Seal Beach Boulevard onto Bolsa then exceeding the speed limit to make up time lost by having to stop twice. Councilmember Forsythe explained that the School played a large part in this plan, it was understood that the School was to have notified the children and parents of the change, why they did not is yet to be determined, and advised this safety issue has been a subject of discussion by the Council on several occasions. She mentioned that the city Engineer developed several plans to slow traffic on Bolsa and provide a safe drop- off for the children, the stop signs were located at Riviera and Island View as being more sensible locations, agreed that there is need for a second crosswalk nearer Riviera yet there is question as to who will pay and be responsible for another crossing quard, the intent of this plan was to slow traffic on Bolsa and then open Bolsa for drop-offs again, noting that enforcement will be the key. The Manager said the issue of notification is a question however noted that the City Engineer personally delivered notices to many residences today. The Mayor offered that the School area was quite difficult today and it may take some time to become accustomed to the change. The City Engineer added that the Police Department will assist during drop-off and pick-up periods for the remainder of the week, making sure the children cross at the appropriate place, monitor traffic, etc. Mr. Bret Matthews, 8th street, commended the removal of the 66KV lines.- Mr. Matthews made reference to the upcoming consideration of the Main street Specific Plan and read a communication to the Council and Planning Commission from he and his wife in opposition to the inclusion of any assessment plan in the Main street Specific Plan, commonly referred to as a BID, BIA, or BAD, and expressed their opinion that Main Street can best determine how to operate their businesses without additional taxation or governmental interference. The communication asked that consideration be given to the often negative effects that an additional tax would have on the often struggling businesses on Main Street, which he deemed to be the finest example of private enterprise creating a desirable Main street environment found in any coastal community. The Mayor assured that Mr. Matthews his communication would be included in the information packets when the Specific Plan is considered. There being no further comments, Mayor Hastings declared Oral Communications closed. COUNCIL ITEMS APPOINTMENT - SEAL BEAcH CABLE COMMUNICATIONS FOUNDATION The District Three appointment to the Seal Beach Cable Communications Foundation was held-over until the next meeting. I I I I I I ~:"~~'I , : I . i li....:~I. )tS~-::.. 1-:'f,j9H..' . ....\"" .it.t""I~'!<l>',Jl "'"1- . " I ' t' ~..:r",: '{...- r')'" I "~ I " . '''$'ii.' , . , ~. ':1".~ l I . .. . ',. 3-11-96 ELECTION CLARIFICATION STATEMENT As a spinoff to David Letterman, Councilman Laszlo offered his top ten list of election rumors that have circulated in Seal Beach durinq the past week: Rumor 10 - the 5.5 acre tennis court will be converted to an airport for foreiqn qolfers; 9 - the City Council will be workinq on a new cat leash law; 8 - the Blue Line in Lonq Beach has been asked to have their route come down Lampson to Colleqe Park East; 7 - he had been offered a million dollars; 6 - he took it; 5 - he is usinq it to pay for his newsletter; 4 - he kept the Claim Jumper from cominq into the City because their food contains onions; 3 - he is tellinq everyone there are five Bixby projects to choose from when others are sayinq there are only four; 2 - he is takinq down siqns and puttinq them in the storm drain so that there will be another flood like that of 1995;. and Rumor 1 - the top of the list, which is really false, is that he is qoinq to run for office aqain in the year 2000. CONSENT CALENDAR - ITEMS "D" thru "s" Brown moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar as presented, except Items "F, J, L, and N," removed for separate consideration. D. Approved the waiver of 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. E. Approved reqular demands numbered 11675 and 11676, and 11822 throuqh 11932 in the amount of $200,977.15; payroll demands numbered 15781 throuqh 15947 in the amount of $238,223.99, and authorized warrants to be drawn on the Treasury for same. G. Adopted Resolution Number 4445 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF ORANGE" (continued participation). By unanimous consent, full readinq of Resolution Number 4445 was waived. H. Authorized staff to continue to investiqate participation in the South Coast Air Quality Manaqement District "QuiCk Charqe proqram" and the "EV Corridor Communities proqram", seek additional private support, and prepare additional status reports as appropriate. Directed the City Attorney to join in the Amicus Brief filed by the City of Redondo Beach to prevent local qovernment funds from beinq diverted to pay for State obliqations as requested by a communication dated February 13th, 1996 from the Independent Cities Association. I. K. Approved the Aqreement for Archaeoloqical Investiqation Services and Scope of Work . for the Hellman Ranch and State Lands Properties in accordance with the provisions , , 3-11-96 of the Archaeo~ogical Element of the General Plan, and authorized the city Manager to execute same on behalf of the city. Received and filed the status report with regard to the request for continuance of the public hearing relating to Negative Declaration 94-1, General Plan Amendments 94-1A, 94-1B, and Zone Change 94-1 (99 and 101 Marina Drive, Exxon Corporation (Unocal and City of Seal Beach as lessee), and instructed staff to readvertise the hearings upon completion of the environmental monitoring and concurrence with Exxon as to the appropriate time to readvertise said hearings. o. Received and filed the staff report and authorized staff to initiate the public hearing process before the Planning Commission to consider a Zoning Ordinance Text Amendment regarding side yard setback requirements abutting alleys in Zoning District 1, Residential Medium and Residential High Density Zones. M. I P. Authorized the purchase of one (1) Bobcat tractor (loader) for the Public Works Department from South Coast Bobcat in the amount of $33,054.47, a participating member in the pre-negotiated pricing program of the General Services Administration. Q. R. S. AYES: NOES: Denied the claim for damages of Grace M. Hanus and referred same to the City's liability attorney and adjuster. I Accepted the resignation of Mr. John J. Kilkeary as the District Two representative to the Environmental Quality Control Board and declared the position vacant. Approved a Non-Exclusive Agreement for Official Police Towing Services with Rossmoor Tow and Leisure World Union 76 for the term of two years. 'Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F" - MINUTES Councilman Doane noted he would abstain from voting on the February 26th minutes as he was absent from that meeting, however moved their approval. Councilman Laszlo seconded the motion. AYES: NOES: ABSTAIN: Brown, Forsythe, Hastings, Laszlo None Doane Motion carried I ITEM "J" - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS - FUNDING RECOMMENDATIONS - 1996/1997 At the request of Mayor Hastings the Director of Development . Services explained that the staff report merely sets forth the projects the Orange County Review Committee has recommended for 1996/1997 fiscal year funding, the funding requests for various I I I . ." -.. ~ ..~.t .~ '" . ; ~1f $!+4.J . . , !: ~ ". . . , '~~~l" I, " ' :1 I , J' " .., , " " 3-11-96 projects recommended by the Seal Beach Citizens Participation Committee were about $550,000. Mayor Hastings said she felt Youth Services would have been a higher priority than funding of only $7,000. The Director noted that the funding regulations of the federal government allow only ten percent of the total program funds to be used to provide services, the Review Committee determines the distribution of funds for those types of services between the many applications that the County receives. He suggested that it needs to kept in mind that Seal Beach submitted requests for $550,000 of the approximate $18 million submitted by all eligible cities under this program, yet the County receives only about $5 million to distribute, and said it is believed that all funding amounts shown in the report are less than had been requested by this City. To an inquiry of the Mayor with regard to ADA and Residential Rehabilitation, the Director cited as an example of ADA the handicapped curb ramps at intersections, retrofitting of the City Hall and public restrooms, and residential rehabilitation as a low interest loan program to repair and upgrade single family residential properties for low and moderate income persons. He explained further that there are some funds existing to create new housing for low and moderate income persons, not for the rehabilitation of existing housing, the primary purpose of those funds is to ensure the continued capability to provide low/moderate income housing. The Director clarified that funding set forth in the staff report reflects the recommendation of the Review Committee to the Board of Supervisors, once public hearings have been concluded the Board will then decide what projects should be funded, and in the past the Board has not changed the recommendations from the Committee. with regard to sidewalk programs it was pointed out that there are other funds available however they do not apply to handicapped restroom rehabilitation, etc. that the City needs to accomplish. In response to the Mayor, the city Manager stated improvements to the pier restrooms may be addressed through the budget process. Hastings moved, second by Brown, to receive and file the staff report. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "L" - RESOLUTIONS NUMBERED 4443 and 4444 - DEPARTMENT OF WATER AND POWER SPECIFIC PLAN Making a comparison of the proposed Resolutions to the staff memorandum, Mayor Hastings pointed out that the banquet room/meeting/conference rooms of the hotel were to be 'optional' rather than 'required', noted the reduction of height in the Open Space area to fifteen feet, however with regard to permitted uses in the Open Space area pointed out that the intent had been that the permitted uses set forth in Municipal Code Chapter 28, Article 20 were to be deleted, including telephone booths. The Director of Development Services clarified that Resolution Number 4443 only approves the Negative Declaration, not changes to the Specific Plan, the language contained in Section 1 of that Resolution is correct and merely reflects the language used for the purpose of public hearing notices before the Planning Commission, and the language relating to the Open Space area was inadvertently overlooked and will be revised to reflect the Council discussion from the last meeting, allowing only light standards and benches in that area. It was clarified that the compact parking requirement was reduced from thirty to twenty-five percent, that the Open 'Space area at the southerly seventy percent of the site is specifically designated for passive recreation use, with no buildings or active recreation facilities located within the open space area, and noted that all utilities are required ,to be undergrounded. Mr. Charles Antos, 17th Street, mentioned that 3-11-96 when the DWP Specific Plan was initially prepared the issue of asbestos existence on the site was unknown, at this point it is understood that the site has been cleared of asbestos, however he suggested that language be included requiring the Department of Water and Power to be responsible now and forever for any asbestos charges, damages, legal actions, etc. if the area is opened for public use as a passive park, hotel, etc. and should I any trace of asbestos remain which could place this City in a liability situation. The city Attorney advised that such requirement would not be necessary or appropriate to be placed in the Specific Plan, the Department of Water and Power is currently responsible and should they sell the site the purchaser would be put on notice that either they or the DWP would take full responsibility for cleanup prior to any use of the property. Brown moved, second by Laszlo, to adopt Resolution Number 4443 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING NEGATIVE DECLARATION NO. 95-5, RELATING TO REVISION 95-1 OF THE DEPARTMENT OF WATER AND POWER SPECIFIC PLAN" and Resolution Number 4444 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING REVISION 95-1 OF THE DEPARTMENT OF WATER AND POWER SPECIFIC PLAN" with the corrections/amendments previously mentioned. AYES: NOES: Brown, Forsythe, Hastings, Laszlo Doane Motion carried Councilman Doane said although he.was absent from the last meeting when this item was discussed he had viewed the cablecast, and even though he would be desirous of a hotel on I the DWP site he did not feel that can be accomplished given the restrictions proposed. As a matter of clarification of the Council direction, the Director of Development Services suggested that Resolution Number 4444, Section 5(b), 6th citation, be amended to include the wording "Further the Council, in order to ensure the passive nature of the Open Space area will permit only light standards and park benches in the Open Space area and the height of said light standards shall not exceed fifteen feet (15')." Brown moved, second by Laszlo, to adopt Resolution Number 4444 as amended to include the language suggested by the Director. AYES: NOES: Brown, Forsythe, Hastings, Laszlo Doane Motion carried CITY MANAGER REPORTS There were no City Manager,reports. COUNCIL REPORTS Mayor Hastings made reference to several incidents of crime and potential incidents in recent days, expressed concern in that regard with the upcoming summer season, and noted the efforts of I the City Manager and Police Chief towards implementing the Reserve Police Officer Program, the hope being that there will be a complement of twenty persons in that Program by January, . 1997. She offered that the Community Safety Foundation is continuing to seek donations to support the Reserve Program and Police Department financially. Councilman Brown reminded the public to vote on March 26th, this election being the Statewide Primary as well as an election for two City Council positions.' I I I to .'7tt:' I '. '~ ~ t . ., 'It 'i;.;~;' I' I .. , . .~ . " . I , f'~-~" .. , ' 3-11-96 ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Cliff Vinyard, College Park East resident, said although persons may have several different rolls and missions they need to be very aware of what they are at a particular time, at this point there seems to be some confusion, and an individual does not give up ones rights merely because the person is married to someone who may be involved in an organization that is non-political in nature. He said he wanted it fully understood that he was not representing the College Park East Neighborhood Association or the College Park East Advisory Committee, the Armed Forces Reserve Center, the Boy Scouts or the Girl Scouts, rather, himself as an individual.' He stated as a veteran he places high value on the freedoms of speech and the press and finds it appalling to witness a candidate for public office conspiring, aiding, and abetting the inhibition of these rights. Mr. Vinyard said the theft of campaign materials and literature is particularly offensive as these items were left at the entrances to College Park East residences as a means of exercising the right of free speech and press. He reported having placed a political sign in the front of his home which was then taken, which he deemed to not be a trivial matter, and although the monetary value may be small the impact on the voting process can be enormous. He offered that because of these recent events in his neighborhood it is apparent there is a need for an ordinance, similar to that of the City of Cypress, to stop the theft by candidates, their supporters and friends, of political items. Members of the Council responded that all regulations should be enforced pertaining to elections, whether it be political signs or whatever. The City Attorney confirmed that the City does have an ordinances relating to signs and public property. It was suggested that a copy of the Cypress ordinance be obtained for review. Ms. Donna McGuire, Dogwood Avenue, said she agreed with the comments of the prior speaker, and stated when their candidate's signs, one hundred twenty-five at this point, were stolen she notified the Police Department. She offered that it is a small campaign, acknowledged that both candidates have had materials stolen, stated she too agrees with the right of individuals to free speech, both sides need to look at how their campaigns are being conducted, and in the case of her candidate all of the campaign workers have been cautioned to abide by the regulations. 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, March 25th at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 8:25 p.m. and ex-offJ. City Council of the Approved: Attest: