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HomeMy WebLinkAboutCC Min 1997-02-10 1-30-97 / 2-10-97 Approved: _J~ ~~;y1:f~L. Attest: I Seal Beach, California February 10, 1997 The regular adjourned meeting scheduled for 6:30 p.m. this date was canceled due to the lack of Closed Session items requiring discussion. Seal Beach, California February 10, 1997 I The City Council of the City of Seal Beach met in regular session at 7:03 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 Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, City Engineer/Director of Public Works Chief Stearns, Police Department Ms. Stoddard, Director of Administrative Services Ms. Beard, Director of Parks and Recreation Ms. Yeo, City Clerk APPROVAL OF AGENDA I Councilmember Campbell requested that Item "H", the Parks and Recreation Commission meeting schedule, be removed from the Consent Calendar for separate consideration, and the City Clerk requested that Item "F", Council minutes, be removed. Hastings moved, second by Brown, to approve the order of the agenda as revised. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried 2-10-97 I PRESENTATIONS SEAL BEACH INTERNATIONAL FRIENDSHIP ASSOCIATION Ms. Regina Shoemaker, President of the Seal Beach International Friendship Association, reported the success of the Association in providing school supplies and educational materials to Seal Beach's Sister city, Todos 'santos, Mexico. She said their major project at this time is the Simon Bolivar Elementary School which now has a pen pal relationship with McGaugh Elementary School, and that a 4-H type garden project has been started on the Bolivar school grounds with the Association providing the necessary supplies. She explained that the school curriculum is geared to organic agriculture as most all of those children will someday become farmers. Ms. Shoemaker stated the work of the Friendship Association was honored by the United states/Mexico Sister City Association, and in turn presented the engraved glass award to the City. Ms. Shoemaker invited persons having an interest in the Association to call her or Councilman Brown. PROCLAMATION - PTA looth ANNIVERSARY Mayor Forsythe read in full the Proclamation designating Monday, February 17th as the "National PTA looth Anniversary." Ms. Mindy Sander accepted the Proclamation with appreciation on behalf of the Los Alamitos PTA Council. I ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Roger West, Electric Avenue, thanked the Council for allowing public comments at the beginning of meetings rather than at the end. Mr. West also commended and thanked the Council for enacting the daytime curfew ordinance, stating that although there has been opposition from some, young people need to learn responsibility as well as freedoms, without responsibility that is impossible, the tendency among some is to think that freedom means the right to act irresponsible, which is not so. Mr. Gordon Shanks, Surf Place, made reference to a Specific Plan for a walled community and questioned what the rules are with regard to cutting an opening in the wall and putting in a gate, noting that there are now three gates in the wall around the Trailer Park, in one case it appears a gate has been installed in the fence separating the Trailer Park from the River Channel and onto the bike path. He questioned who would be responsible for that area, which he suggested could be an easy access for a child to get to the Channel. The Director of Development Services said the jurisdiction of the area where the fence opens to the River Channel is not certain as yet, however thought to be the property of the L. A. county Flood Control District, that opening could then be a problem, the gate along First Street in the block wall is Trailer Park property, if they wish to allow a gate for their tenants there is nothing in the City Code that would prevent that, however a permit may be required to assure that the wall has not been weakened. He clarified that there is no Specific Plan for the Trailer Park. Councilmember Campbell noted that the properties adjacent to Lampson Avenue can do nothing to the exterior wall, it is specifically prohibited in the title insurance. The Mayor stated Mr. Shanks' concern would be looked into. Ms. Dorothy Facer reported having had the opportunity to attend the United States/Mexico Sister City Conference that was held in palmdale at which the Seal Beach International Friendship Association received an award, and presented the Mayor and Council with the International Friendship clock to be displayed at city Hall for all to see. Mayor Forsythe expressed appreciation for the presentation. There being no further comments, Mayor Forsythe declared Oral Communications closed. I 2-10-97 COUNCIL ITEMS ORANGE COUNTY REGIONAL AIRPORT AUTHORITY Councilmember Campbell reported that the Orange County Airport Authority intends to participate in the intervention of a lawsuit challenging the EI Toro Reuse Plan EIR, the intent of the Authority is to defend the County's approval of the EIR, the intervention will be at no cost to the city. She noted that at their last meeting the cities of Garden Grove, Villa Park, and Newport Beach had the authority to participate, Los Alamitos, Stanton and Seal Beach determined to seek authorization from the Council's before doing so. Councilman Brown asked if the intervention would in effect take a position in support of Orange County's approval of the EIR and airport use plan. The city Attorney explained the action is a step above an amicus brief or friends of the court, basically lending technical assistance and support, also that it is not the Council that would adopt the resolution, rather, the request is for Council authorization for the Airport Authority to take such action. Councilmember Campbell reiterated that this would be no cost to the City, however if funds are needed in the future they would be raised by means of voluntary donations. Mayor Forsythe expressed her personal opinion that the city of Seal Beach, North County, has no right to dictate impacts to another community, and described a scenario of the Naval Weapons area being considered for an international airport and the South County supported that, to which she suggested that if the data and reports support the airport reuse that is what the decision should be based upon. Having reviewed both sides of this issue, Councilman Brown agreed, stating he too felt uncomfortable taking a position either for or against this matter, his preference being to remain neutral at this time. Councilmember Campbell stated that the runways are in place, they are not changing in length, the closest home to the end of the runway is about two to three miles away, as opposed to a developer in this community who wants to place a development within eighteen hundred feet of a runway, said if there is an airport in south County one will likely not be considered here, pointed out also that this reuse plan has definite economic benefits for all of Orange County. The Mayor made reference to people who have their homes in that area, the impact of the planes taking off now which will substantially increase with an international airport, said there are some places that just can not accommodate that type of use, again spoke for letting the studies go forward and the decision then based on them. Councilmember Hastings expressed her view that this is a potential asset for national defense because it could be converted back to military use should the need arise in the future, therefore she would support this reuse plan. Campbell moved, second by Hastings, to allow Seal Beach to participate in the intervention by the Orange County Airport Authority. AYES: NOES: Campbell, Hastings Brown, Forsythe, Fulton Motion failed I I APPOINTMENT - CIVIL SERVICE BOARD I Councilman Fulton nominated Mr. William Lesher as the District Five representative to the Civil Service Board for the unexpired term ending July, 1999. Brown moved, second by Fulton, to confirm the appointment. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried CONSENT CALENDAR - ITEMS "E" thru "M" Fulton moved, second by Brown, to approve the recommended action for the items on the Consent Calendar as presented, except Items "F" and "H", removed for separate consideration. I G. 2-10-97 E. 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 14891 through 15049 in the amount of $419,790.78, payroll demands numbered 20610 through 20778 in the amount of $256,867.81, and authorized warrants to be drawn on the Treasury for same. I. Denied the claim for damages of Miriam Roberta Davis and referred same to the City's liability attorney and adjuster. J. Accepted the resignations of Ms. Moira Hahn and Ms. Genevieve Price from the Archaeological Advisory Committee as District Four and Two appointees, and declared those positions to be vacant. K. I Received and filed the staff report relating to the receipt of the Draft Environmental Assessment/Initial study for Implementation of the Multiple Construction Project (MCP), Armed Forces Reserve Center, Los Alamitos, and directed that same be forwarded to the Environmental Quality Control Board for review and preparation of a draft response letter for City Council consideration on February 24th, 1997. L. Received and filed the First Quarterly Report relating to the Daytime Curfew Ordinance. M. AYES: NOES: Authorized extension of the ambulance service contract with Medix Ambulance Service for one hundred eighty days, as requested by the Orange County Fire Authority. Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F" - MINUTES It was noted that Councilmember Hastings had been absent from the last meeting therefore would abstain from voting on the minutes of that meeting. Brown moved, second by Fulton, to approve the minutes of the January 27, 1997 regular adjourned and regular meetings. I AYES: NOES: ABSTAIN: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried ITEM "H" - PARKS and RECREATION COMMISSION - MEETING TIMES Councilmember Campbell questioned the proposal that the Commission meet nine months of the year rather than twelve, concern more specifically with not meeting during the 2-10-97 consecutive months of June and July. The Director explained that the Commission currently meets only every other month, this .being an increase of their meeting times. It was suggested that another month be selected rather than June or July, that the Department and Commission make that decision, therefore there is no reason to bring the item back to the Council. Mayor Forsythe again introduced the Director, Ms. Nancy Beard. Brown moved, I second by Fulton, to approve the revised meeting schedule for the Parks and Recreation Commission, and that another month be selected in lieu of either June or July. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried RECYCLING - OLD TOWN - FRANCHISE AGREEMENT/ORDINANCE REVISION/ COUNTYWIDE LANDFILL AGREEMENT The City Manager presented the staff report, noted that the California Integrated Waste Management Act (AB939) mandated that all California cities reduce the solid waste deposited in landfills by twenty-five percent by 1995 and fifty percent by the year 2000. In Seal Beach this task started with a Council appointed citizen committee that was involved in the development of a Source Reduction/Recycling Element and Hazardous Waste Plan which in turn resulted in the current recycling program for the majority of the city with the exception of Old Town and the areas of the city served by a different refuse contractor. Source reduction was initiated in phases, first recycling which is being successful in meeting the diversion goals, then the greenwaste program, the next phase is to initiate recycling in Old Town, taking into consideration the problems of narrow alleys, diverse types of housing, etc., and to do that the expertise of the refuse collector was sought to determine how I such a program could work, efficiently, and without any rate increase. The Manager explained that to accomplish the Old Town recycling the contractor is being asked to make a capital investment for equipment, systems, and labor for an entirely new program therefore there needed to be some give and take in order to avoid passing the costs on to the consumer also in fairness to the contractor. As a result of negotiations, tentative agreement has been reached that Briggeman Disposal will provide the City a non-refundable deposit of $50,000; residential recycling will be implemented in Old Town with no rate increase to customers beyond rates previously authorized by the city Council for a minimum of eighteen months from the effective date of the franchise; future increases would be limited to at least twenty percent below the Consumer Price Index annually; free disposal services provided at City and school facilities in Seal Beach; bulk item pickup provisions would be enhanced; performance compliance measures would the tightened; the City would assume control over where refuse is deposited, this the result of a County proposal to secure rates however would require that trash from all Orange County cities go to landfills within this County, the proposal part of the bankruptcy plan yet provides some security to cities as to the availability of a landfill site; transfer of the responsibility for commercial billings from the City to the contractor; and a discount for I senior citizens. In consideration of establishing the recycling program for Old Town, Briggeman Disposal would, in effect, receive a three year extension of their franchise, that in turn allows the contractor to secure better financing rates for their investment in equipment, etc. required to implement the program, given this extension and that granted with the greenwaste program, the recommendation is that the agreement contain an 'evergreen' clause whereby the franchise will be extended an additional year for a period of seven years unless the Council takes action at some point to terminate the 'evergreen' provision. The Manager noted that current local commercial I I I 2-10-97 rates have been held considerably below market rates countywide, particularly those businesses requiring multiple pickups per week, there is adequate justification for a commercial rate adjustment and agreement has been reached that that be done over a three year period. The hauler would also benefit from enforcement provisions proposed, an example of that would be the right of first refusal by the contractor for the removal of construction site debris. He mentioned that amendments are proposed to the existing refuse ordinance that will require the removal of trash receptacles from the street after refuse collection, at present there is only provision as a public nuisance or obstruction of a public right-of-way, and should more appropriately be added as an infraction. Council inquired as to what is intended as a time frame, to which the Manager responded that possibly cans not be placed at curbside prior to twenty-four hours before pickup, removed by the end of collection day, also that they be stored in an area not visible from the public right-of-way, violation would result in citation. The Manager stated there are provisions for persons having some type of handicap, the contractor will implement special accommodations for those having demonstrated an inability to place their trash curbside. The Manager noted this matter will come before the Council at the next meeting as a public hearing item. with regard to the County landfill proposal, he reported that will only be implemented if a certain percentage of all solid waste generated in Orange county is committed to the County landfill sites, if that occurs a memorandum of unde~standing between the County and the participating cities will commit that the hauler will transport all solid waste to those sites for a period of ten years and in return the city would realize a tipping fee of $22 as opposed to the $27 being paid now, the Seal Beach site would be Brea, at this point it is felt this would be a break even situation even with the added transportation cost, especially if the rates are raised at the Long Beach facility during the ten year period. Councilman Brown made reference to a letter from the city of Cypress suggesting that the tipping cost for cities on the peripheral, such as Cypress, Los Alamitos, and Seal Beach, should be based on mileage given the distance from the landfill sites, and suggested that be pursued. The Manager stated uncertainty as to whether that could be accomplished however offered to look into the suggestion, Seal Beach probably not a large factor in the landfill program in that there are larger cities such as Anaheim and Santa Ana that could move this program forward and keep it running, and although there may be an equity concern it may be too complex to develop a formula based on mileage. with regard to establishing a procedure for the removal of trash receptacles from the street after pickup, Mayor Forsythe noted that most residents are conscientious in removing them, stated she did not feel it will be the intent of the city to arbitrarily issue citations, possibly a warning issued first with citations to those who are chronic or repeat offenders. Councilman Brown concurred that warnings should be issued first, the Council suggesting possibly two, and Councilman Fulton suggested the time frame between warnings be taken into consideration as well. Councilmember Hastings mentioned a recent magazine article regarding large landfill areas established in the states of Maryland, Virginia and Florida and now with recycling there is not enough refuse going into those sites, that has resulted in an increase of the tipping fee which is a hardship on the haulers, and now the property tax is going to increase for the homeowner to compensate for the difference. with reference to the flow control of refuse, Councilmember Hastings cautioned that if the City ties itself to the County for a period of ten years there will be no control by the city as to where its solid waste will go, there is no means of getting out of that arrangement. 2-10-97 Councilman Brown said the opposite side is that the city may want to use the County facilities because Long Beach may close or raise its rates. Councilmember Hastings asked if the senior citizen discount would apply to Old Town only and how that would be achieved. The Manager responded that it would not apply to Old Town only, application for the discount would be made on a form for that purpose, accompanied by proof of age. It was suggested the same process could be used for those having handicap disabilities. It was noted that a more detailed explanation of performance compliance issues will be forthcoming, with reference to a freeze of residential rates for a period of eighteen months, it was explained that the Council will establish a maximum charge to the customer, of that a certain amount is held by the City to cover the cost of the billing, and the franchise fee, an example of that would be the impact on City streets for their use of the public right-of-way, the remainder goes to the refuse hauler, and noted that although the Council authorized a certain rate several years ago it was never imposed, therefore the suggestion is that the amount that was previously authorized would be the actual charge for residential, after the eighteen month period then Briggeman Disposal would be eligible for a rate increase based upon the twenty percent below CPI formula. Councilmember Campbell said she had asked the contractor what it would entail to replace the existing one hundred gallon recycling bin with a sixty gallon bin and collect them each week rather than every other week, the response was a rate increase of about $5 per month, and even though residents may prefer the sixty gallon she did not pursue it because no one wants a rate increase. with regard to collecting refuse in Old Town once a week versus twice, Mr. Briggeman confirmed that to be true as far as the automated system. He showed photographs of Old Town alleys on collection days and comparable photos of Los Alamitos since the replacement of trash cans with automated carts some four years ago, to that the greatest concern was whether the barrels would fit in the alleys, after a couple of months the concerns were no longer, and the advantage was aesthetics. He said comparisons were made of multiple units in Los Alamitos and Seal Beach, as to the larger multi-units he noted that if they do not have bins they have numerous trash cans in the alley, the one hundred gallon and sixty gallon carts will cut down the number of containers, in Los Alamitos dwellings having five or more units are required to have a commercial bin for solid waste, however some alleys in Seal Beach do not have adequate space for a commercial bin. It was noted that there will not be greenwaste containers in Old Town as there is not adequate greenwaste to warrant. Mr. Briggeman showed diagrams of the percentage of recovery from 1995/1996, the variations from twelve to nineteen percent, actual diversion numbers which are impacted by the economy, scavenging, etc., Seal Beach has exceeded the mandated twenty- five percent diversion, the monthly average of total waste is about fourteen to fifteen hundred tons, recycling averages one hundred fifty tons per month, those numbers include commercial and greenwaste programs and now Old Town recycling is basically the final phase of the recycling program. The city Manager stated that efforts will be made to keep scavenging from becoming a greater problem. Brown moved, second by Forsythe, to authorize a public hearing to be scheduled for February 24th to consider this matter further. AYES: NOES: Brown, campbell, Forsythe, Fulton, Hastings None Motion carried I I I I I I 2-10-97 MID-YEAR BUDGET REPORT The city Manager reported the Finance staff has completed the analysis of the 1996/97 budget at mid-year, stated the city departments are basically on track with expenditures through the first half of the year, revenues have decreased as a normal trend for this time of year, where departments appear to have exceeded fifty percent of expenditures thus far that is basically due to seasonal fluctuations. By means of a graphic projection the Council was shown that Taxes generated to the General Fund are at forty-three percent of the anticipated amount, Fines and Forfeitures are fifty-two percent, Subventions are fifty-three percent, Use of Property and Money is seventy- four percent, Service Charges are sixty-eight percent, Fees are seventy-six percent; expenditures as of December 31, 1996 were at forty-three percent overall, transfers are not made until near year-end, General Government and Public Safety are at about fifty percent, Community Development a little over, reflecting some of the maintenance projects earlier in the year. The Manager stated at this point in the fiscal year the financial picture looks fairly good. ORAL COMMUNICATIONS There were no Oral Communications. COUNCIL CONCERNS Councilman Fulton said in reviewing the daytime curfew report the Chief and Police Department should be complimented on the manner in which they implemented this procedure without problems. Councilman Brown concurred. Councilmember Campbell noted that someone approached her with the remark that the city could not cite children from out of town for the daytime curfew, which she emphasized is not true. She mentioned having given the Council a copy of questions posed by Mr. Arnold relating to the cable franchise, also copies of news articles with regard to a lawsuit by the cable companies against the County for property taxes, they won the lawsuit, the consumer has been charged for the property tax, however, no one has seen a return of that money as yet, which she said is something that should be discussed during franchise negotiations as it is understood Comcast received $4.5 million. with regard to sand replenishment, the Director of Public Works stated it appears that sand deliveries are getting close to the end, as of today about nine thousand of the fifteen thousand yards have been received, weather has been a factor in delays, the sand has basically been a high quality, even though some had to be sifted. He extended appreciation for the patience of the citizens along Seal Way during this project. Councilmember Hastings said it is her understanding that the sand being dredged for Surfs ide is not of a quality the Colony would prefer, it is finer than was desired. The Public Works Director said he does not have details of what the Corps is doing with regards to that however offered to look into it. The Manager noted there are specifications and they can be checked as well. The Director of Public Works reported that although not an absolute certainty as yet, the City's application, approved by Council in September, for Measure M funds of approximately $3.2 million for five projects has made it through the first cut for an amount of about $2.9 million. He described the process as the Orange County Transportation Authority having graded the projects submitted, ranked them in order, thus far they have been approved by the Technical Steering Committee, consisting of city Engineers and Public Works Directors, who look at the merits of projects and make recommendations to the entire group of Technical Advisory members, which meets this coming Wednesday, the next step would be consideration by the Citizens Oversight Committee and then the Orange County Transportation Authority Board, final approvals anticipated by May. The 2-10-97 / 2-24-97 Director explained the projects consisted of the widening of the Seal Beach Boulevard bridge over the 405 Freeway, $3.3 million, half funded through Measure M, other projects were an overall multi-jurisdictional signal interconnect from the 405 to Pacific Coast Highway, intersection improvements at Seal Beach Boulevard and Westminster, and at PCH and Seal Beach Boulevard, some widening of Seal Beach Boulevard in the vicinity of the drainage I ditch where the shoulder and bike trail is missing, the only project removed from the list was the intersection Pacific Coast Highway and Balboa. Councilmember Hastings expressed appreciation to members of staff for their efforts. Councilmember Hastings said she understood that Interval House is losing some of their grant monies, asked that that be looked into, and if so the City may need to reevaluate its Housing/community Develop grant application. with regard to the fund raising effort for the Mary Wilson Library, Mayor Forsythe reported the donation thermometer was install last Thursday showing a little less than $30,000, and suggested that the location of the thermometer be moved to the southwest side of Electric Avenue at the Library for greater visibility. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, February 24th at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjou d at 8:34 p.m. I Approved: d.. /~';} -C/~. - ayo Attest: Seal Beach, California February 24, 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 I meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Campbell, Fulton, Hastings Absent: None Also present: Mr. Till, city Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk