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HomeMy WebLinkAboutCC Min 1997-01-13 I I I 12-20-96 I 12-23-96 I 1-13-97 permitting level, between the County and the Corps of Engineers, assistance has been requested from Supervisor Silva's office, and said at this time he has directed that the documents be secured and executed between the city and the contractor in readiness to commence transport of the sand. Councilmember Hastings suggested that Congressman Rohrabacher be contacted and requested to assist with the Corps as well. The Manager offered that the County was informed that should there be forthcoming storms there are people and property that could be in jeopardy. There was mention of holding the county liable for damages should that occur. . ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the meeting until Monday, January 13th, 1997 at 6:30 p.m. to meet in Closed Session if necessary. The meeting was adjourned by unanimous consent at 9:08 a.m. lerk and ex-off1 of Seal Beach Approved: 4...... 41).. ~~". , Ma r Attest: Seal Beach, California December 23, 1996 Pursuant to the direction of the city Council at the December 9th, 1996 meeting, the December 23rd meeting was canceled and adjourned to January 13th, 1997 at 6:30 p.m. Seal Beach, California January 13, 1997 The city Council of the city of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Campbell, Fulton, Hastings Absent: None 1-13-97 Also present: Mr. Barrow, city Attorney Mrs. Yeo, city Clerk The city Manager joined the Council in Closed Session. APPROVAL OF AGENDA Hastings moved, second by Fulton, to approve the order of the agenda as presented. I AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION By unanimous consent, the Council adjourned to Closed Session at 6:31 p.m. to discuss the items identified on the agenda, a conference with the City's labor negotiator pursuant to Government Code section 54957.6 relating to the Police Officers Association; a conference with legal counsel pursuant to Government Code section 54956.9 with regard to Judith Brown, Case number 773019, and Appeals Court case, Mola Development versus City of Seal Beach; anticipated litigation and/or potential settlement of claims pursuant to Government Code section-54956.9(b)(3)(c) relating to Chuck Schildmeyer, Barbara Abraham, Sophia Ann Montoya, and Water and Mona Babcock; and one potential case of anticipated litigation pursuant to Government Code Section 54956.9(c). At 7:06 p.m. the Council reconvened and recessed until the approximate hour of 8:30 p.m. or the conclusion of the regular City Council meeting. At 7:59 p.m. the Council recessed the regular meeting, reconvened the regular adjourned meeting and adjourned to continue the Closed Session. The regular adjourned meeting was reconvened at 8:52 p.m. with Mayor Forsythe calling the meeting to order with Councilmember Campbell absent from the Chambers. The City Attorney reported the Council had discussed the items identified on the agenda, gave direction to the City Manager and City Attorney, and no other action was taken. I ADJOURNMENT The regular adjourned meeting was adjourned by unanimous consent at 8:53 p.m. lerk and eX-off~c of Seal Beach of the Approved: Attest: I I I I 1-13-97 Seal Beach, California January 13, 1997 The City Council of the city of Seal Beach met in regular session at 7:06 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CAtlL Present: Mayor Forsythe Councilmembers Brown, Campbell, Fulton, Hastings Absent: None Also present: Mr. Till, City Manager Mr. Barrow, city Attorney Mr. Badum, City Engineer/Director of Public Works Ms. Beard, Director of Recreation and Parks Mrs. Yeo, City Clerk APPROVAL OF AGENDA Hastings moved, second by Brown, to approve the order of the agenda as presented. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Ray williams, Ironwood Avenue, introduced himself as the Chairman of the College Park East Safety Committee and announced a meeting of that committee to be held the following evening. Mr. Williams noted of great concern is traffic on Lampson Avenue and the numerous accidents that have occurred over the past twenty years, the cause of most being excessive speed, alcohol and drugs, the recent incident due to high speed. He mentioned that the city Manager and City Engineer will be in attendance to hear comments and recommendations from the residents in an effort to resolve this problem. There being no further comments, Mayor Forsythe declared Oral Communications closed. COUNCIL ITEMS APPOINTMENT - CIVIL SERVICE BOARD Councilman Fulton requested that the District Five appointment to the Civil Service Board be held over inasmuch as his potential appointee will not be available to serve until March. INTERVIEW PANEL - ARCHAEOLOGICAL INVESTIGATION SERVICES - HELLMAN RANCH It was reported that the Archaeological Advisory Committee selected two of its members to serve on the interview panel for consultant services for archaeological investigation on the Hellman property, and a possible third panel participant dependant upon the date selected for the interviews. The Director of Development Services explained that the final date for submission of proposals to conduct the investigative work is January 30th, between twelve and twenty responses are anticipated of the thirty-two requests distributed, and all of the responses will be reviewed and evaluated in order to compile a final interview list. He noted the preference of the Committee to hold the interviews on February 25th, which would allow member Goldberg to serve as a third Committee panelist, or on February 18th, or two morning sessions. It was the consensus of the Council to select Mayor Forsythe and Councilman Brown to 1-13-97 serve as the Council participants on the interview panel, preferably to be held on February 25th. ORANGE COUNTY LIBRARY ADVISORY BOARD - REPRESENTATIVE As to a schedule of meetings, the City Manager stated he believed there would be several meetings initially, allowing cities to have more input to the county library system I operations, thereafter will likely be a policy advisory body to the Board of Supervisors. At the request of Council, the Manager offered to inquire as to the days and times of the Board meetings. ORANGE COUNTY TRANSPORTATION AUTHORITY - CORRIDOR ELECTED OFFICIALS GROUP With regard to upcoming Group meetings, the Manager said be believed one is to be held in March, another in May. It was the consensus of the Council to designate Councilman Fulton as the city's representative to the Corridor Elected Officials Group for the reminder of its functions. ORANGE COUNTY VECTOR CONTROL - REPRESENTATIVE It was the consensus of the Council to reappoint Mr. Frank Laszlo as the city's representative to the Orange County Vector Control District Board for the two year term ending December, 1998. Councilman Brown suggested that Mr. Laszlo provide the Council with a periodic report relating to District functions. Brown moved, second by Hastings, to confirm the above actions, except the selection of a representative to the Orange County Library Advisory Board pending additional information, as indicated. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I CONSENT CALENDAR - ITEMS "F" thru "R" In reference to Item "M", Councilman Brown stated his understanding that the City supplements the Orange County Transit Authority which provides transport for persons participating in the Senior Meals Program, and inquired as to the number of persons who utilize this service. Staff estimated the number of participants between twenty-five and thirty-five, to which Councilman Brown pointed out that that service is a benefit to Leisure World residents as they constitute about ninety percent of the Program participants. With regard to Item "J" Councilmember Campbell inquired if any new shelter locations are planned, citing specifically inadequate and potentially dangerous bus stop locations on the north side of Lampson Avenue. The City Manager responded that he was not aware of any new locations being proposed, and the City Attorney clarified that the agreement provides that the contractor may propose site locations however they are then subject to. the approval of the City Manager. The City Attorney made reference to proposed amendments to Sections 3 and 11 of the pipeline franchise ordinance for Torch Operating Company, describing them as clarifying language added to Section 3 and the language of Section 11 revised to reflect a lower franchise rate inasmuch as the services provided by this operator will be less than their predecessor, as Unocal abandoned certain pipelines, and noted that Torch Operating Company has agreed to submit the particulars of their services to the city in writing, also mentioned that this item will be considered under public hearing at the next meeting. Brown moved, second by Campbell, to approve the recommended action for items on the Consent Calendar as presented. I I G. 1-13-97 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 unless specific request is made at that time for the reading of such ordinance or resolution. Approved regular demands numbered 14527 through 14742 in the amount of $638,105.07, payroll demands of December 17, 1996 numbered 20080 through 20257 and payroll demands of December 31, 1996 numbered 20258 through 20414 for a total payroll of $529,749.47, and authorized warrants to be drawn on the Treasury for same. H. Approved the minutes of the December 9th, 1996 regular adjourned and regular meetings, and the December 20th, 1996 special meeting. 1. Adopted Resolution Number 4514 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." By unanimous consent, full reading of Resolution Number 4514 was waived. Approved a five year extension of the agreement with Metro Display Advertising, Inc. to provide the citywide bus shelter program and authorized the Mayor to execute same on behalf of the city. K. Adopted Resolution Number 4515 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE TRANSFER OF PROPERTY TAX REVENUE TO THE COUNTY OF ORANGE FOR THE DETACHMENT OF APPROXIMATELY 0.02 ACRES OF LAND LOCATED ADJACENT TO THE ROSSMOOR WALL." By unanimous consent, full reading of Resolution Number 4515 was waived. J. I L. I Approved the introduction and first reading of Ordinance Number 1412 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, GRANTING TO TORCH OPERATING COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT FROM TIME TO TIME AND, FOR A PERIOD OF THIRTY (30) YEARS FROM AND AFTER THE EFFECTIVE DATE HEREOF, TO MAINTAIN, OPERATE, REPAIR, RENEW, CHANGE THE SIZE AND NUMBER OF AND REMOVE OR ABANDON IN PLACE, PIPES, 'PIPELINES, CONDUITS, WIRES, CABLES AND OTHER APPURTENANCES, TOGETHER WITH ALL MANHOLES, SERVICE CONNECTIONS AND APPURTENANCES USED IN CONNECTION THEREWITH, FOR THE TRANSPORTATION OF OIL, PETROLEUM, LIQUID HYDROCARBON SUBSTANCES, GAS, NATURAL GASOLINE, WATER, WASTE WATER, MUD, STEAM, AND OTHER SUBSTANCES, AND FOR THE TRANSMITTAL OF ELECTRICAL POWER AND COMMUNICATION SIGNALS TO OR FROM TORCH OPERATING COMPANY'S STATE LEASE (P.R.C. 3095.1, IN, UNDER, ALONG OR ACROSS CERTAIN PUBLIC STREETS AND PUBLIC PLACES IN THE CITY OF SEAL BEACH, 1-13-97 M. STATE OF CALIFORNIA, FO~ THE PURPOSE OF SERVING TORCH OPERATING COMPANY'S OPERATIONS ON STATE LEASE (P.R.C. 3095.1}." By unanimous consent, full reading of Ordinance NUll\ber 1412 was waived. Approved Amendment Number 1 to Orange County Transportation Authority Agreement Number C-96-354 to provide transportation services for the Senior Nutrition Program for fiscal year 1996/1997, and authorized the City Manager to execute the Amendment on behalf of the City. I N. Approved the request of the Orange County Fire Authority to extend the existing contract with Medix Ambulance Service for a period of ninety days to allow for the formal bidding process. o. Received and filed the status report relating to air quality issues, requested that additional information be provided as deemed appropriate, and that the report be forwarded to the Planning Commission and Environmental Quality Control Board for information purposes. Authorized a contract change order to the pavement rehabilitation contract with R. J. Noble Company, Project Number 673, to perform additional paving repair work in an amount not to exceed $65,000 for a total contract cost of $420,000. P. Q. R. AYES: NOES: I Approved an agreement between the City of Seal Beach and Colen & Lee for workers compensation administration services, and authorized the Mayor to execute same on behalf of the City. Adopted Resolution Number 4516 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH POLICE OFFICERS' ASSOCIATION AND REPEALING ON THE EFFECTIVE DATE SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 4516 was waived. Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ORDINANCE NUMBER 1413 - AMENDING LOCAL AMENDMENTS - UNIFORM BUILDING and FIRE CODES - FIRE SPRINKLER SYSTEMS The Director of Development Services reported that this item is I a staff initiated amendment to current Code provisions, explaining that as part of the local amendments to the 1994 Uniform Building and Fire Codes the city required the installation of fire sprinkler systems for the construction of all single family residences within the City, since that time persons seeking such building permits have been advised of that requirement only to find it increased their construction costs by $2,000 to $5,000. The Director explained that the proposed amendment of the local amendments to the Building and Fire Codes would delete the requirement for sprinkler systems for residential properties inland of Pacific Coast Highway, however I I I 1-13-97 it is recommended that they continue to be required for new residences between Pacific Coast Highway and the Ocean primarily because of the lower setback requirements in the Old Town and Surfs ide areas, the greater lot coverage allowed, and the fact that the fire flow in those areas does not allow the per gallon flow that the Fire Department prefers, in addition, the requirement for sprinklers would also apply to properties that are proposed to be enlarged provided that the cost of installation of the sprinkler system does not exceed five percent of the cost of the addition, and should the cost exceed five percent there is provision to allow the Fire Chief to waive the requirement. As to the application of sprinkler systems in the Trailer Park, the Director explained that sprinklers have been required for those properties having two-story cabanas since the late 1970's, that requirement to continue, however currently systems are not required for single story units unless an addition is proposed that would fall within current Code. By unanimous consent, full reading of Ordinance Number 1413 was waived. Brown moved, second by Fulton, to approve the introduction and first reading of Ordinance Number 1413 and that it be passed to second reading. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried CITY MANAGER REPORTS The city Manager noted that the sand nourishment project on the east beach commenced last week with delivery of approximately one thousand cubic yards of sand per day, at that rate the project will continue for about fifteen working days, is an interim program intended for the protection of property, funded by FEMA as reimbursement for previously lost sand. He noted also the Surfside/Sunset Beach project is being mobilized and is expected to last about three months, that sand to be pumped from offshore. The Manager reported that the Governor has included $813,000 in his recommended budget as a grant for sand for Seal Beach, with that grant along with the required matching local funds an approximate million dollars worth of sand could be obtained to bring the beach to a level where annual maintenance may be all that will be required. He said efforts will continue through the legislative process to assure that that grant remains in the State budget. councilmember Hastings inquired as to the status of possibly being included in the Surfs ide project or the dredging of the Naval channel. The Manager responded that there is a possibility of a cooperative effort with the U. S. Navy, thus far the Navy has indicated a willingness to participate in discussions and to possibly do a feasibility study, there is need to also evaluate the quality and quantity of the sand as well as the cost, and it is hoped there will be some participation by the federal government. As to the Surfside replenishment he said efforts to join that project have basically been abandoned due to the cost of trucking the sand as well as the time frame for the permitting process. Councilmember Hastings recalled an offer by an employee of Moffat and Nichol to obtain sand samples from Anaheim Bay for testing purposes. The Manager confirmed that samples had been taken, the quality of the sand initially determined to be adequate, however the sampling was not extensive enough to determine specific locations, depth, etc. He mentioned the efforts of the Public Works Department during the recent rain storms, monitoring pumps, etc., advised that there have been no serious flooding problems to date, and noted that the Fire Department provided assistance with some drainage problems in Surfside during the rains of last night. with regard to the drainage in Surfside, the City Engineer explained that that system was designed to accommodate nuisance water such as puddling from car washing, etc., and the Colony had been advised 1-13-97 of the possible inadequacy of that system during heavy rainfall. With regard to efforts over a period of time to have the Department of Water and Power remove the railroad tracks from Seal Beach Boulevard, the Manager reported one response has been received suggesting that they simply be paved over, which has been determined as an inadequate resolution, and at this time there are discussions between Boeing, Leisure World and the city to develop a more appropriate solution. He also reported complaints received from a bicycle club relating to the condition of the bike trail adjacent to the San Gabriel River in Seal Beach, his understanding of the background is that the City was a one-time participant in the bike trail development and maintenance thereof, and to that the County has been contacted via the office of Supervisor Silva to seek their willingness to participate with the City and/or private partnerships to repair and maintain this important regional bicycle system. He mentioned the on-going problem relating to the underground fuel tank at the Public Works Yard, explained that a remedial study was done, the project determined to be extensive and expensive, however the County regulatory agencies continue to pursue the City as to its intentions for cleanup, therefore it will be necessary to reprioritize the five year capital projects and funding for this project sooner than anticipated. To a question as to the impact of the underground tank on the City's ground water source, the city Engineer explained that the aquifer affected is not in the drinking water zone, does not affect the water quality, the drinking water pumps located some distance from this location. As to the status of the cable franchise that is due to expire in March, the city Manager noted that the existing franchise has been thoroughly reviewed, new technologies are being considered, etc., and at this point Mr. Carl Pilnick, the contract consultant assisting the City in this effort, has prepared a status report as to the tasks performed thus far, and said there are certain decision points forthcoming of which the Council will want to be informed, and suggested that there be a presentation to the Council to explain the process, technical considerations, etc. at the next meeting or that morning or evening meetings be scheduled for the next week. A member of the Council stated an understanding that the consultant would out of the area until February, another member indicated he would likely not be available to meet, a suggestion was made that the Cable Foundation Board be invited to attend such meeting, and noted that some Foundation members may not be available to attend a daytime meeting, etc. At the conclusion of brief discussion, the indicated consensus of the Council was that the Foundation Board be contacted to determine their availability and that such presentation be postponed until February. ORAL COMMUNICATIONS There were no further Oral Communications. I I COUNCIL CONCERNS In reference to a prior comment of Councilmember Campbell, Councilman Fulton concurred that the bus stop locations on the north side of Lampson Avenue are inadequate due to size and land I grade and are dangerous, suggesting that possibly the areas could be cleared, graded flat, and enlarged. A possibility was mentioned as well that the waiting areas be extended back to the fence or block wall of the adjacent properties, trees relocated, etc. The Manager offered to initially discuss the Lampson Avenue bus stop concern with the bus shelter firm. Councilmember Campbell announced the rebroadcast of the a public workshop held in December on Monday, January 20th and Sunday, January 26th relating to the processing of. development projects. She also noted receiving calls from College Park East residents complaining that people are not putting their trash containers 1-13-97 I away and out of sight, which she encouraged residents to do. Councilman Brown mentioned the understanding that the money to construct the soundwall adjacent to Leisure World had been set aside by the state and was to have begun by January or February of this year, however it was then found that no monies had been designated for the planning and design of the wall, therefore by the time the design is complete, bids are sought, the wall will likely not be built until the first of 1998. He noted that about $20,000 of the $40,000 needed for the Mary Wilson Library has been pledged, about half of the $20,000 is understood to have come from the Leisure World area, and urged continued support for the Mary Wilson Library fund by those residents. As to the rain of last evening, Councilman Brown reported the pump system for the catch basin worked well. Councilmember Hastings commended the city Manager, city Engineer, and Assist~nt to the City Manager for their efforts to secure sand to replenish the beaches. Mayor Forsythe advised of having received a letter from Riverbeach residents dated December 24th citing disturbance problems as a result of the Moose McGillycuddy's restaurant located in the Seaport Village, Long Beach, the residents have reportedly contacted the Council representative, the Mayor, the Police Department on numerous occasions however there has been no resolution of the problem, and inquired as to the proper procedure to resolve such a situation between cities. Councilman Brown suggested that there be a Mayor to Mayor discussion, and Councilmember Hastings suggested that there be contact with the property and business owners, also questioned adherence to the Long Beach noise ordinance. The Mayor reported that one response to the complaints had been that their permit allows them to be open until 2:00 a.m. pursuant to their liquor license, and confirmed that she would contact the Mayor of Long Beach the following day. The City Manager offered to work with the staff of Long Beach, possibly call a meeting with their staff and the business owner. I CLOSED SESSION At 7:59 p.m. the Council recessed this regular meeting, reconvened the regular adjourned meeting and adjourned to continue the Closed Session. The regular adjourned meeting was reconvened at 8:52 p.m. with Mayor Forsythe calling the meeting to order, Councilmember Campbell was not present in the Chambers, the Council received a report from the City Attorney, and adjourned the regular adjourned meeting at 8:53 p.m. ADJOURNMENT The regular meeting was reconvened by Mayor Forsythe at 8:53 p.m. and by unanimous consent of those Councilmembers present adjourned until Monday, January 27th at 6:30 p.m. to meet in Closed Session if deemed necessary. The meeting was adjourned at 8:53 p.m. /Clerk and ex-off~ of Seal Beach the I Approved: _~,~~~~ Ma or Attest: