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HomeMy WebLinkAboutCC Min 1994-05-09 I I I 4-25-94 / 5-9-94 but was initiated by Mr. Walt Miller. She added that she was not in favor of the proposal, the City Manager had informed her that the City had not taken a position and he did not feel the City would be supportive of such proposal as well, yet Ms. Fielding said that the parking lot proposal has not been canceled, it has not been denied by the attorneys for the Naval Base, and that fact can be verified with Mr. Williamson. She claimed that Mr. Miller retained professional lobbyists on his behalf and in a letter to Navy personnel stated that the City and the community were in favor of the proposal, to which she said it must be understood that this is not a closed subject. Mr. Galen Ambrose, Seal Beach, objected to declaring more government holidays at the expense of the private sector employee. There being no further comments, Mayor Forsythe declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until May 9th, 1994 at 6:15 p.m. The meeting was adjourned by un~' ous consent at 7:55 p.m. / /' I ';i ! / , /J "{/ C1t Clerk and ex-o of the ~ty of Seal Beach Approved: ~oL'P-" (' Mayor ~e<"iJ);~ ;12 t/ C1ty Cler ""....,~''''\'\\\'\ ff"oi ~EAL 8 "'I -..... .......~. t, S~ ...";.Ol'O."'.;.....,(". III .::! v."" ,+ "(1'..1- ~ f*: ~. ~"'~. ~ . . ~ ~O: :<~ ~ . ._~ Il\'" ,o'=' o':;e?; l" '.r:,. "."~::; ~. . 0.., ,c, " II G' '. "'1 ,q ." ...Off I .L'o', 4. .' ,,_ ~ ,. (' ......... 9'-'": 11I"OUN1'l,c..,s:- \\\\""~~- Attest: Seal Beach, California May 9, 1994 The city Council of the City of Seal Beach met in regular adjourned session at 6:13 p.m. with Mayor Forsythe calling the meeting to order. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Forsythe Absent: Councilmembers Hastings, Laszlo Also present: Mr. Bankston, City Manager Mr. Barrow, City Attorney Mrs. Yeo, city Clerk APPROVAL OF AGENDA The City Attorney recommended that the agenda be approved by motion of the Council and, pursuant to Government Code section 54956.9(a), that the finding set forth on the revised agenda that 'based on the advice from legal counsel, discussion in open session would prejudice the position of the local agency in the litigation subject to discussion' be included in the approving motion. Brown moved, second by Doane, to approve the agenda as presented and the finding as set forth on the revised agenda and as stated by the City Attorney. 5-9-94 AYES: NOES: ABSENT: Brown, Doane, Forsythe None Hastings, Laszlo Motion carried CLOSED SESSION It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 6:14 p.m. to confer with the city's I' labor negotiator, Mr. Bankston, regarding negotiations with the Police Officers' Association and the Orange County Employees' Association, and to confer with legal counsel pursuant to Government Code section 54956.9(a) regarding the matter of Stark versus the city of Seal Beach, Appeals Court Case 94-55435. Councilmember Hastings arrived at 6:15 p.m. The Council reconvened at 6:56 p.m. with Mayor Forsythe calling the meeting to order. The City Attorney reported the Council had discussed the matters set forth on the agenda and previously announced, and gave direction to the City's labor negotiator. ADJOURNMENT It was the order of adjourn the meeting the Chair, with consent of the Council, to at 6: 58u.. ' " I ~h_~ ( W C~~l Clerk and ex-off~c~o clerk of the ~y of Seal Beach Approved: ).... ,: ~~~"\\\\, , ':'--O'Of SEAL 8\\111 jd-' ....... ~A 'I , ~'...r.o..OIl~t;..~~ I, c.; ..,+ ...". -s.11J :i<1 . . ~ ~..: ~~-l<'1' . ,,. ~.~ . " ~ o . - . ct',,, . -_% ",\",.0 ,/ ":~:;: "'? ..t-; ~ ,.... ~~ "'t. -.01/( q':J .'f,Q,::' ~tt.,O~ -.. ~ 2', \ .,. ,'<..E 11\{O~'N;';:(.~'::- \\\\\"'~~..;::.- I Attest: Seal Beach, California May 9, 1994 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: I Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None I Also present: Mr. Bankston, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services APPROVAL OF AGENDA Mayor Forsythe requested that Item "H", the Poppy Week Proclamation, be considered under Presentations, and that Item "M", the sand volleyball court at Edison Park, be considered .1 I I '! 5-9-94 immediately thereafter. Councilman Laszlo asked that Item "J" , the traffic signal coordination on Los Alamitos/Seal Beach Boulevard, be removed from the Consent Calendar. Brown moved, second by Doane, to approve the agenda as amended. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PRESENTATIONS Mayor Forsythe proclaimed June 6th through June 11th, 1994 as "Management Week." Mr. Carvalho, President and Chairman of the Board, Rockwell California Space Chapter, National Management Association, accepted the proclamation with appreciation. Mr. Carvalho stated that Rockwell recognizes management as a profession, that recognition accomplished by the training of managers in both private and public industry, and noted Rockwell's sponsorship of youth activities such as the speech contest for high school students on the topic of the American Free Enterprise System. Mayor Forsythe proclaimed May 16th through May 21st as "Poppy Week" and May 20th, 1994 as "Poppy Day." Ms. Marge Vasta accepted the proclamation on behalf of the American Legion Auxiliary, Unit 327 of Leisure World. SAND VOLLEYBALL COURT PROPOSAL - EDISON PARK The city Manager recalled comments at the last meeting relating to the location of a proposed sand volleyball court at Edison Park. As a point of information he noted that a College Park West citizens committee had been formed about a year ago, they commenced some fund raising activities and identification of improvements to the Edison Park facility, the proposed improvements were presented to the Parks and Recreation Commission, of which the sand volleyball court was one, and to which agreement of the proposed improvements was indicated. He recommended that this matter be referred to the Parks and Recreation Commission for a public input hearing and recommendation subsequent thereto, and that the volleyball project be suspended until then. He noted that dependent upon the desire of the Council the action of the Commission would be final unless appealed to the Council. Councilman Brown moved to refer this matter to the Parks and Recreation Commission for a public input hearing to allow all interested persons to voice their opinion. The Council indicated preference that any input to this matter be held until the Commission hearing. Mr. Robert Reince, Loyola Plaza, objected to consideration of the court location only inasmuch as it was his understanding that there has been no agreement to any further development of the Park at this time. The Manager clarified that by referring this matter to the Commission that body will have the opportunity to review all improvements proposed for the Park, not just the court location. Councilman Brown clarified that the intent of his motion was that the recommendation from the Commission be forwarded to the Council for final consideration. Councilman Doane seconded the motion as clarified. Mr. Dave Sloan, College Park Drive, noted his participation on the citizens committee, stated it was felt that the proper process had been followed with approval indicated to implement improvements to the Park, at this time specifically new playground equipment and the volleyball court, and questioned what it is that is of issue. Mr. Reince responded that a general meeting was held some time ago to address improvements to Edison Park, attended by a number of people. He first referred to College Park West as unique in that one must first go to Long Beach to reach Seal Beach, the location Loyola Plaza even more unique in that where Edison Park fronts there 5-9-94 are a few homes that are next to an intense Park use, where towards the rear of the Park the use is less intense. Mr. Reince reported the concerns expressed by those that had attended the meeting, including persons from Loyola Plaza and Harvard Lane, were security, safety, fencing, access restrictions, moving existing courts. further from the homes, gates, parking, lighting, and noise, to which he stated those concerns are specific, addressable, and certainly improvements. He said those that have lived on Loyola Plaza since the tract was built remember horses, beanfields, picnic and play areas, a Park having a passive use, and over time the use has changed considerably. To the issue of security he suggested something that would restrict certain kinds of uses and noise at night that poses policing problems, noted the intrusion of persons climbing fences into rear yards of Loyola Plaza residences, mentioned that persons do not heed the closing hours of the Park, and those cited for not having a parking permit then park on the nearest residential street, Loyola Plaza. He supported the movement away from his residence of the basketball courts, installation of a gate, similar to that at the garden entry, at the Park entrance, lighting that would enhance safety and security, and cited the city noise control policy as unenforceable in the Park. It was clarified that Edison is a public park, and the intent of the parking permit was to restrict the Park parking by fishermen using the River. Question was raised as to the legality of requiring a parking permit to access facilities in a public park, also who maintains the Park. Mr. Sloan agreed that the improvements mentioned would be desirable however there is only a limited amount of funding, the intent being to bring the Park back to neighborhood usage, the volleyball court and new playground equipment being a start. Mr. Gilchrist, twenty-eight year Loyola Plaza resident, said his backyard has been unusable for some time given the various items that land in his yard from activities in Edison Park, children climb the fences and invade ones privacy, and residential parking on Loyola Plaza is often impacted by those using the Park. Mr. Gilchrist inquired as to the rights and privacy of residents to which he reported having posted no trespassing signs, installing a three foot picket atop his wall, yet to no resolve. He questioned the need for the playing areas and suggested people use their private yards. Mr. Manny Lancell, Loyola Plaza, complained about various types of balls falling into his rear yard, the trees do not stop them, suggested that baseball should be played at the back of the Park or better, the activity is not appropriate for this Park. Ms. Fran Vince, Loyola Plaza, expressed her belief that security and safety of the children should come first, a protection against what goes on in the dark of night, and cited as a personal experience the theft of personal property from her residence, carried over the fence into the Park, and retrieved by the thief the following day. She spoke for security before equipment. Mr. Frank Cross, College Park west, said he felt the location of the Park is bad, it is in the midst of a residential neighborhood, the best location would be alongside a freeway. He offered that another problem is the flood control where people from the outside frequent and quite often necessitates a call to the police department. Mr. Cross stated consideration has been given to gating College Park West with entry by pass only, another problem has been the school bus pickup at the Park, the children congregating and causing a considerable noise problem. He expressed his opinion that serious consideration should be given to not having a park at this location. Mr. Lou Morelli, Loyola Plaza, said he was not against the Park however would suggest that the Parks and Recreation Department should, in conjunction with the Edison Company, prepare a master plan for improvements if the Park is to be developed or improved further or facilities are to be relocated, which would be of benefit to both the residents and the City. I I I ,I I 1 " j"" ~~ :r .,.;, 4'i-.., 'or,'.:'. . ;,l:~~~r .,.~" f\: 5-9-94 Vote on the motion to refer the Edison Park matter to the Parks and Recreation Commission for hearing. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 7:37 p.m. The Council reconvened at 7:45 p.m. with Mayor Forsythe calling the meeting to order. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. John Merswiler, Huntington Beach, spoke to the campaign pledges of Board of Supervisor candidates Silva and Moulton-Patterson for more police protection, yet said more officers can not be gotten to control the crime problem in downtown Huntington. He objected to Huntington Beach redevelopment discussions behind closed doors, a forgivable loan to a private development company in lieu of police officers, and stated if those candidates can not cure problems in Huntington they certainly can not cure the problems of the County, also charged that the incumbent Assemblywoman has attempted to use the Education Code to restrict free speech of children on high school campuses rather than promoting free speech and creativity. Mr. Bruce Stark, Seal Beach, said he watched with delight the Candidate Forum where each Council candidate indicated they would encourage citizen participation. He suggested a citizens committee to review the budget and make recommendations to the Council as to where savings can be realized, and to that he claimed that Quimby fees are not being collected when a single family home is removed and replaced, with two like units, alleging that a reduction of those fees in the not too distant past meant considerable savings to a developer yet could have been used to benefit much needed park facilities, like the Edison Park. Mr. Stark also charged that a former councilperson had promoted a parking area near the intersection of Pacific Coast Highway and Seal Beach Boulevard at the time improvements to the Boulevard were being considered, yet now opposes such proposal. Mr. victor Grgas, 211 - 15th Street, agreed that there had been extensive study of improvements to Seal Beach Boulevard, to which Mr. Stark and the residents of the Boulevard were party, yet the parking area to which reference was made was a proposal to cover the drainage ditch along the easterly side of seal Beach Boulevard between the fence and the existing curb to provide additional parking, however that was found to not be feasible from an economic standpoint, the idea was dismissed, and there had been no discussion of parking on the Weapons station. He clarified that the Plan adopted for the Boulevard was for the purpose of restriping and beautification along the Boulevard, an encouragement for the buildings in that area to be rehabilitated, while allowing the businesses to operate without an impact on the neighborhood and on parking in the vicinity of Landing and adjacent streets. Ms. Sue Corbin, Seal Beach, encouraged all eligible persons to vote in the election tomorrow, and spoke in support of the citizens committee, rather than the Parks and Recreation commission, resolving the problems associated with Edison Park. There being no further comments, Mayor Forsythe declared Oral Communications closed. CONSENT CALENDAR - ITEMS "B" thru "K" Brown moved, second by Doane, to approve the recommended action for items on the Consent calendar, except Item "H", which was moved forward on the agenda, and Item "J" to be considered for separate action, as presented. B. Approved the waiver of reading in full of all ordinances and resolutions and that 5-9-94 consent to the waiver of reading shall be deemed to be given by all councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. C. Approved regular demands numbered 5241 through 5381 in the amount of $356,018.98 and payroll demands numbered 6337 through 6516 in the amount of $220,175.15 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. I- D. Proclaimed May 15th through May 21st, 1994 as "National Public Works Week." E. Approved the minutes of the regular adjourned meeting of April 11th, the regular meeting of April 11th, and the regular meeting of April 25th, 1994. F. Bids were received until May 2nd, 1994, 2:00 p.m., at which time they were publicly opened by the city Clerk for Project Number 643, Sidewalk Repair, as follows: DJ Construction Nobest, Inc. Hi Tech Pro Construction company ANM Construction and Engineering Aztec $ 33,009.30 35,944.67 54,459.00 I' 55,227.25 127,419.25 Awarded the bid for Construction of Sidewalk Repair, Project Number 643, to the lowest responsible bidder, DJ Construction, in the amount of $33,009.30. G. Approved the plans and specifications for A.C. (asphalt/concrete) Overlay of Seal Beach Boulevard, Project Number 639, and authorized the advertisement of bids for same. H. (Considered under presentations) I. Adopted Resolution Number 4298 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING RESOLUTION NUMBER 4243 TO REFLECT BUDGET AMENDMENTS FOR FISCAL YEAR 1993/94." By unanimous consent, full reading of Resolution Number 4298 was waived. K. Adopted Resolution Number 4299 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1994-1995 AND THE ISSUANCE AND SALE OF 1994 TAX AND REVENUE ANTICIPATION NOTES THEREFOR." By unanimous consent, full reading of Resolution Number 4299 was waived. I AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I I I l"""''' ..~ -."'1; . 5-9-94 ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "J" - TRAFFIC SIGNAL COORDINATION - LOS ALAMITOS/SEAL BEACH BOULEVARD At the request of Councilman Laszlo, the city Manager recalled prior Council authorization to seek Measure M, Growth Management Area Two, funding for a joint Los Alamitos/Seal Beach project for signal improvements, the application was then submitted and funding has been approved. For the project to now move forward the Orange county Transportation Commission is recommending that a lead agency be appointed for inspections and contract administration, that the City of Los Alamitos be so designated, and the agreement proposed for Council consideration defines the relationship between the two cities in the process of seeking competitive bids, final approval of plans and specifications and inspections thereafter. He noted the project would provide improvements to seven signals, three of which are in Seal Beach, three in Los Alamitos, Bradbury basically a joint signal, the project area from Lampson north. He clarified that even though Los Alamitos would take the lead in seeking bids, each party reserves the right to review the plans and specifications and make final approval. Councilman Laszlo indicated concern with traffic traveling to the 405 Freeway via Seal Beach Boulevard, and asked that there be assurance that Seal Beach will have control of the Lampson/Seal Beach Boulevard signal. The City Manager explained that this project is basically improvements to the signals themselves, once the project is completed the maintenance and operation of the signals will revert to the signal owner. Brown moved, second by Doane, to approve the Agreement between the cities of Los Alamitos and Seal Beach for Traffic Signal coordination on Los Alamitos/Seal Beach Boulevard, and authorized the Mayor to execute the agreement on behalf of the city. AYES: NOES: Brown, Doane, Forsythe, Hastings Laszlo Motion carried LEAGUE APPOINTMENT - ORANGE COUNTY TRANSIT AUTHORITY - ALTERNATE REPRESENTATIVE Councilman Laszlo stated that subsequent to placing the item on the agenda to support the League appointment of Tom Wilson, City of Laguna Niguel, as the alternate representative to the Orange county Transit Authority, two additional candidates are now seeking support for that position, therefore suggested it may be appropriate to leave the voting decision up to the City'S League representative. councilman Doane said he had had a discussion with Mr. Bankhead, another candidate for this appointment, however requested a direction from the Council as to a preference of candidate. The city Attorney advised that the agendized item should be acted upon prior to considering other motions. Laszlo moved, second by Hastings, to support the appointment of Tom Wilson, Laguna Niguel, for the alternate, representative position on the orange County Transit Author1ty. Councilman Brown suggested that the motion be defeated and that the voting decision be left to Councilman Doane as to the most qualified person to represent Seal Beach on the Transit Authority. AYES: NOES: ABSTAIN: Laszlo Brown, Forsythe, Hastings Doane Motion failed STATUS REPORT - BEACH SAND REPLENISHMENT The City Manager reported that this project is continuing through the permitting process with the Army Corps of Engineers; a permit application was filed this date with the Regional Water Quality Control Board even though it is not certain that their 5-9-94 approval is required; the time schedule and estimated project costs will be forthcoming from the contractor; a more recent estimate of sand quantity is 120,000 cubic yards,rath7r than, 150,000; mapping of the truck route ha~ begu~ Wh1C~ w1ll requ1re concurrence of Cal Trans; the round-tr1p del1very 1S approximately thirty miles; the agreement with the NaVY,has been executed' as of last Tuesday the general contractor est1mated thirty-five days until commencement of delivery; the sand appears to be of better quality than it was first ~hought to be and the sand will be processed at the source assur1ng compatibility upon delivery; the costs estimated between $300,000 to $400,000 or $3.50 to $4.00 per cubic yard,as compared to $14.00 per cubic yard to purchase commerc1al sand. The Manager commended the cooperation of the contractor and the efforts of the Army Corps of Engineers in pursuing this project. STATUS REPORT - RECYCLING PROGRAM The Manager recalled the request of council to address certain aspects of the recycling program. He noted the program commenced February 21st in response to State legislation, the City mandated by January 1st, 1995 to reduce landfill waste by twenty-five percent to avoid a State imposed fine of $10,000 per occurrence for exceeding that amount. He reported the automated system is presently serving three thousand two hundred residences and after the first full month of the program there was a 19.8 percent reduction of landfill tonnage. The Recycling Hot Line has received, as of today, eight hundred ninety calls since announcement of the program, six hundred seven of those requesting a change of the size of containers, all of which have been accommodated, two hundred seventy-three calls requested brochures or posed questions regarding recyclable items. The Manager mentioned that upon adoption of the program by the Council, fees were established as well, that staff is in the process of preparing an amendment of the fee for an additional refuse container, reducing the cost from $8 to $5. He stressed however the need for education and incentives to encourage residents to continue and increase their recycling efforts to reduce the landfill waste. He reported also that a delay in implementing Phase II of the recycling program is being proposed, likely until September, inasmuch as staff is in the process of surveying the diversities of the downtown area, the varieties of dwelling units, the sharing of containers, bills, etc. Councilman Laszlo again mentioned that requests for additional refuse containers is primarily for the disposal of greenwaste, and inquired if the transport of greenwaste to the Public Works Yard at specified times is being given consideration. The Manager noted that options will be forthcoming for consideration of the Council, possibly bins at the Yard for disposal of greenwaste, semi-annual bulk curb pickups, or combination thereof. With regard to establishing a composting area, he explained it has been found that to merely make application for the required permits is more than $55,000, also, the County reports their greenwaste program will not be operational for at least three years. Mayor Forsythe suggested that in the interim the disposal contractor should be advised that the disposal mechanism for greenwaste is inadequate. The Manager did note that the contractor is looking into participating in a composting program being established by another hauler, a commercial operation that would include the sale of the products therefrom. COUNCIL CONCERNS Councilman Doane referred to a communication he received from Mr. Paul Rowland, the District Five representative to the Cable Foundation, announcing the upcoming showing of the video sponsored by the Leisure World Democratic Club relating to crime, the dates and times being May 17th at 4:00 p.m., May 19th I: I I .1 I I " " ! ,.....'1.., ~ ~ ' 11 !;'" i~"~ 5-9-94 at 9:30 p.m. and May 31st at 4:00 p.m. Councilman Brown noted his pleasure at having the opportunity to attend the awards ceremony in recognition of outstanding performances of Orange County police officers, and requested that an item be placed on the next agenda to recognize the local recipient of award. He also announced the holding of an Earthquake Preparedness Fair at Leisure World Clubhouse Two on Saturday from 1:00 to 3:00 p.m. Mayor Forsythe announced the Seal Beach Carnival to be held at the Naval Weapons station from Thursday through Sunday, also that tickets are now available for the Seal Beach Kids Baseball Ice Cream Social. The Mayor conveyed a happy birthday to her son, Alexander, on this date of his eighth birthday. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. victor Grgas, 15th street, commended Councilman Laszlo for his efforts over the years and as a member of the Santa Ana River Flood Protection Agency towards obtaining the soon to be realized sand replenishment. Mr. Grgas expressed his support for the sand replenishment project, however inquired of the city Manager what the total cost for preparation and trucking of the sand will be, and the source of monies for same. The Manager stated that the actual cost will not be known until the general contractor submits his proposal, however an informal quote from a subcontractor, having been involved in this type of project, was approximately $3 to $4 per cubic yard based upon the thirty mile transport, number of trucks, and sand preparation, the opinion of Moffat and Nichol is that given the quality of the sand it will require little processing, therefore the estimated cost at this time is between $350,000 to $450,000. He offered that given the anticipated time schedule at this point the project may fall within the next fiscal year budget rather than the current budget, noted that funding can not be by means of Redevelopment Agency funds due to legal constraints, however various options for funding as well as payment schedules will be developed for Council consideration. Mr. Grgas noted the appeal filed by Mr. Stark to his lawsuit to which he inquired as to the amount of legal fees incurred thus far as a result of his latest effort. To Councilman Laszlo's inquiry about the use of pier Groin Funds, the City Manager acknowledged that possibility, that amount approximately $286,000. Councilman Laszlo recognized the sand seeking efforts of Councilmember Hastings as well. Ms. Fran Johnson, 125 Coastline Drive, commended Councilmember Hastings for pursuing the sand replenishment, also suggested weekly pickup of the recyclable materials. The Mayor reminded that an additional recycling bin may be obtained at no additional cost. There being no further comments, Mayor Forsythe declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn until Tuesday, May 17th at 7:00 p.m. It was the consensus of the Council to adjourn the meeting at 8:38 p.m. ( I , of the Clerk and ex-of of Seal Beach Approved: Attest: