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HomeMy WebLinkAboutCC Min 1994-06-27 6-13-94 / 6-27-94 '~ (/~\: /() "-/ () J; city Clerk and ex-off~cio .City/of Seal Beach L_/ /" I , I I \ / I ~ /' Attest: ~a.n-<' I. Uo ! ~ Y C epk !/ Seal Beach, California June 27, 1994 The City Council of the City of Seal Beach met in regular adjourned session at 6:15 p.m. with Mayor Brown calling the meeting to order. ROLL CALL Present: Mayor Brown Councilmembers Doane, Forsythe, Hastings, Laszlo Absent: None Also present: Mr. Bankston, City Manager Mr. Steel, Assistant City Attorney Mrs. Yeo, City Clerk I APPROVAL OF AGENDA Forsythe moved, second by Hastings, to approve the agenda as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CLOSED SESSION The Assistant City Attorney announced that the City Council would meet in Closed Session pursuant to Government Code Section 54957.6 to discuss the item listed on the agenda, a conference with the City's labor negotiator, Mr. Bankston, regarding employee negotiations with the Police Officers Association and the Orange County Employees Association. It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 6:17 p.m. The Council reconvened at 6:45 p.m. with Mayor Brown calling the meeting to order. The Assistant City Attorney reported the Council had discussed the item previously identified and that no reportable action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:46 p")l'o\ I ' , I \ i/ '--.. of the city/C}erk and ex-officio Ci1~1>o"f Seal Beach _I I I ,-'\_1 6-27....94 Approved: ~/l!~ ayor . ,//1. ~ .. I. I / "--- / Attest: Seal Beach, California June 27, 1994 The City Council of the City of Seal Beach met in regular session at 7:03 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brown Councilmembers Doane, Forsythe, Hastings, Laszlo Absent: None Also present: Mr. Bankston, city Manager Mr. Steel, Assistant City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk APPROVAL OF AGENDA For information of the public, Mayor Brown read the items to be considered under the Consent Calendar. Councilman Laszlo said he wished to make a comment to Consent Calendar Item "L", the proposed resolution extending the 1993/1994 fiscal year budget, and Mayor Brown requested that Item "U", the proposed sand volleyball court, be considered after oral communications and before the consent calendar. Brown moved, second by Laszlo, to approve the agenda as revised. Councilman Laszlo noted that adoption of the 1994/95 budget is proposed to be delayed pending more definitive costs for repair of the pier fire damages and the sand replenishment project, as well as the impact of the ongoing State fiscal crisis. To a request of councilman Laszlo, the city Manager explained that the impact of the State budget for the past two years has been a $875,000 shift of property tax, reduction of motor vehicle fees by $65,000, loss of $40,000 cigarette tax annually, a diversion to the County of fifty percent of fines for Vehicle Code violations, about $185,000 per year, several other losses and diversions plus costs resulting from state mandates. He noted that during the past week the State Budget Committee recommended reduction of the transfer of vehicle license fees to cities by $100 million, later withdrew that recommendation, however it is likely that the impact of the State budget will not be known until after the November election. The Manager requested that the recommended action for Consent Calendar Item "K" be revised to reflect approval of the Agreement to provide an animal license canvassing program contingent upon the approval of the agreement by the City Attorney, and that the city Manager be authorized to execute same on behalf of the City. 6-27-94 Motion to approve the agenda as revised: AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried Mayor Brown informed the audience that Item "U", the proposed sand volleyball court for Edison Park, was not a public hearing therefore comments to that item may be made during oral communications and should be limited to new information. I~ ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Mr. Jim Klisanin, 122 - 7th Street, announced once again the Lions Club 'Sight First' telethon to be broadcast on the local cable channel on Wednesday, June 29th. He extended an invitation to persons wishing to support this cause to attend the telethon, and encouraged tax deductible donations and pledges. Mr. Klisanin also acknowledged the sale by the Lions Club of four hundred tickets, $100 each, for a chance to win a Ford Jimmy, to be awarded during the Lions Club Fish Fry, July 16th and 17th, and noted a portion of those proceeds will likely go to 'Sight First' as well. A member of the audience requested that Oral Communications be held open pending the arrival of College Park West citizens interested in the proposed sand volleyball court item. Hastings moved, second by Laszlo, to continue consideration of the agenda items with Oral Communications to be continued at approximately 7:30 p.m. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I' CONSENT CALENDAR - ITEMS "A" thru "0" Doane moved, second by Hastings, to approve the recommended action for items on the Consent Calendar as presented. A. 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 after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. B. Approved regular demands numbered 5771 through 5872 in the amount of $276,135.13 and payroll demands numbered 7063 through 7246 in the amount of $235,737.26 and authorized warrants to be drawn on the Treasury for same. C. Approved the minutes of the June 13th, 1994 regular adjourned and regular meetings. D. Received and filed the Monthly Investment Reports as of April 30, 1994 and May 31, 1994. I E. Denied the claim for damages of Bloy stiner and referred same to the City's liability attorney and adjuster. F. Bids were received until June 20, 1994 at 2:00 p.m. for the AIC Overlay of Seal Beach Boulevard, Project Number 639, at ~1 \:1 ,.'p which time they were publicly opened by the city Clerk as follows: I All American Asphalt Excel Paving Company R. J. Noble Company Boral Resources $ 99,436.00 104,441. 00 104,544.20 105,808.40 Awarded the bid for Project Number 639, the AIC Overlay of Seal Beach Boulevard, to All American Asphalt, the lowest responsible bidder, in the amount of $99,436.00, and authorized the City Manager to execute the contract on behalf of the city. G. Adopted Resolution Number 4314 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF SEAL BEACH, CALIFORNIA" (Compliance with Orange County Master Plan of Arterial Highways, etc.). By unanimous consent, full reading of Resolution Number 4314 was waived. H. Received and filed the staff report regarding AB 1888, Environmental Impact Report Consultant Selection, and instructed that the staff report be forwarded to the Planning commission and Environmental Quality Control Board for information purposes. I I. Authorized the Mayor to sign the response letter to the South Coast Air Quality Management District regarding the 1994 Air Quality Management Plan (AQMP), received and filed the staff report, requested staff to monitor the 1994 AQMP development process and provide additional information to the city Council as deemed appropriate, and that the report be forwarded to the Planning Commission and Environmental Quality Control Board for information purposes. J. Received and filed the staff report regarding the Environmental Impact Report for the 1994 Air Quality Management Plan (AQMP), South Coast Air Quality Management District, requested staff to monitor the 1994 AQMP development process and provide additional information to the City Council as deemed appropriate, and that the report be forwarded to the Planning commission and Environmental Quality Control Board for information purposes. I K. Approved the Agreement with the Southeast Area Animal Control Authority to provide an animal license canvassing program for the city of Seal Beach contingent upon approval of the agreement by the City Attorney, and authorized the City Manager to execute the Agreement on behalf of the city. L. Adopted Resolution Number 4315 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING FISCAL 6-27-94 6-27-94 YEAR 1993/94 ROLLOVER BUDGET TO FISCAL YEAR 1994/95, SETTING APPROPRIATION LIMITS AND AUTHORIZING APPROPRIATIONS BY FUND." By unanimous consent, full reading of Resolution Number 4315 was waived. Received and filed the Annual Financial Statements for fiscal year 1992/1993, city of Seal Beach Single Audit of Federally Assisted Grant Programs. N. Adopted Resolution Number 4316 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INITIATING PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER'S "REPORT" FOR A STREET LIGHTING ASSESSMENT DISTRICT." By unanimous consent, full reading of Resolution Number 4316 was waived. I' M. O. Adopted Resolution Number 4317 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE ENGINEER'S "REPORT" FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS IN A STREET LIGHTING ASSESSMENT DISTRICT." By unanimous consent, full reading of Resolution Number 4317 was waived. P. Adopted Resolution Number 4318 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A STREET LIGHTING ASSESSMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING." By unanimous consent, full reading of Resolution Number 4318 was waived. I Q. Authorized staff to communicate to the United States Congress support for the Superfund legislation without amendment. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried COUNCIL ITEMS APPOINTMENT - AREA AGENCY ON AGING - TRANSPORTATION COMMITTEE Mayor Brown invited any person interested in serving on the Community Services Agency, Area Agency on Aging, Transportation Committee; to contact him for appointment consideration by the, city Council. He noted that the committee meetings are held in Santa Ana. APPOINTMENTS - BOARDS I COMMISSIONS I COMMITTEES I"~ Archaeoloaical Advisorv Committee Councilmember Hastings reappointed David Belardes and Michael Aviani as the District One appointees; Mayor Brown reappointed Genevieve Price and Dr. Gilbert unatin as the District Two appointees; councilmember Forsythe reappointed Joan Ellen Goldberg and Jean Frietz as the District Three appointees; councilmember Laszlo reappointed Bruce Fitzpatrick and Moira Hahn as the District Four appointees; and Councilmember Doane reappointed Shirley Benjamin and Susan Davies as the District Five appointees. The term of service on the Archaeological committee is one year. I I I 4:~'~. 6-27-94 citizens Participation Committee - (HICD proiectsl Councilmember Hastings appointed Marion Gise, ,6th street, as the District One representative; Councilmember Forsythe appointed Donald Smoot, Crystal Place, as the District Three representative; and Councilman Doane reappointed Pat Carpenter as the District Five representative. The four year term of appointment will expire July, 1998. civil Service Board Mayor Brown appointed Don Alecott as the District Two representative to the civil Service Board for the full term of six years, expiring July, 2000. Environmental Oualitv Control Board Councilmember Forsythe reappointed Mario Voce as the District Three representative, and Councilman Doane reappointed william Hurley as the District Five representative. The term of appointment is four years, expiring July, 1998. Parks and Recreation commission Councilmember Forsythe reappointed Carla Watson as the District Three representative, and Councilman Doane reappointed Richard Davies as the District Five representative. The term of appointment is three years, expiring July, 1997. Planninq Commission Councilmember Hastings appointed Brian Brown, Seal Way, as the District One representative to the Planning commission for the full term of four years, expiring July, 1998. proiect Area Committee Councilmember Forsythe reappointed Carla Watson as the. District Three resident representative and Joe Kalmick as the District Three business representative. The Seal Beach Historical Society nominated Laura Alioto, the San Gabriel Parks Society nominated Gordon Shanks, and the Friends of the Library nominated Terry Barton as the organization representatives to the Project Area Committee. The term of appointment is two years, expiring July, 1996. Seal Beach Administration Buildinq Authoritv Councilmember Hastings reappointed Mitzi Morton as the District One representative, and Councilman Laszlo reappointed Eulalee Siler as the District Four representative, each for the full term of four years, expiring July, 1998. Seal Beach Cable Communications Foundation Councilmember Hastings reappointed Laird Mueller as the District One representative; Mayor Brown reappointed James Clow as the District Two representative; councilmember Forsythe reappointed Betty Dahlin as the District Three representative; Councilman Laszlo reappointed Joseph Palmer as the District Four representative; and Councilman Doane reappointed Paul Rowland as the District Five representative. The term of appointment is four years, expiring July, 1998. Doane moved, second by Hastings, to approve the appointments to the various boards, commissions and committees as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried COMMERCIAL LANDSCAPE NOISE LEVELS Councilmember Hastings reported receiving complaints regarding the commencement of lawn mowing by 7:15 and 7:30 on Saturday mornings, inquired as to the hours that such activity is presently allowed and suggested a possible adjustment of the 6-27-94 hours for commercial landscape maintenance. The Director of Development Services explained that a change would require amendment of the noise ordinance, presently such maintenance is allow from 7:00 a.m. and construction activity is allowed from 8:00 a.m. The Council posed questions with regard to differentiating between residential and "commercial gardening, difficulty of enforcement, and the status of leaf blowers under I" the Air Quality Management Plan. Staff offered to look at this issue, pursue discussion with the City Attorney and the Police Department as to legalities and enforcement, the possible banning of gas mowers and/or leaf blowers, and provide a report back to the Council. Mayor Brown requested that this matter be deferred to a future meeting. CONTINUED ORAL COMMUNICATIONS Mayor Brown opened the continued Oral Communications period. Ms. IvaSloan, 209 College Park Drive, recalled addressing Edison Park before the City Council some twenty-five years ago, seeking playground equipment, trees, etc., and with approval the improvements became an instant success, used by numerous children, however said today the basketball court is weed infested and the overall Park is tired. Ms. Sloan called attention to a new group of enthusiastic residents that will be using the Park, a group that has come together, has kept all residents well informed of their progress, and are willing to hold garage sales, make pizzas, work 10K runs, solicit donations, etc. to raise money for the Park improvements rather than ask the Council for funds. Ms. Lisa ChattIer, Harvard Lane, distributed copies of the newsletters that had been delivered to each College Park West residence. Ms. ChattIer noted that great detail was provided the Parks and Recreation Commission regarding the rationale, planning, fund raising, etc. I" for improvements to Edison Park, to which unanimous commission approval was granted. She said the proposed improvements, according to the plan, has received much support including a petition containing two hundred signatures. Ms. ChattIer confirmed that she personally distributed the April newsletter to Loyola Plaza residents on the 16th of that month, the newsletter contained information relating to construction of the volleyball court and provided telephone numbers of committee members to obtain additional information, noted that the first newsletter provided a list of the ideas that had been gathered from the first community meeting, including the volleyball court, and pointed out that news articles have also been published in the local newspapers. Mr. Dave Sloan, 172 College Park Drive, also made reference to the detail that had been provided to the Parks and Recreation Commission. He reported that 'the Park had been visited by the members of the Parks and Recreation Commission as well as the Director during the selection process for an appropriate location for the volleyball court, and the location selected is as it now appears. He noted that a study was made of other parks in Orange County having such courts and it was found they are typically the closest facility to residences because they generate less noise, some as close as ten feet to homes, basketball courts and playground equipment further away because of the generation of noise. He _1- pointed out that there is a buffer of trees adjacent to the . residences, cited the hitting of a ball into a rear yard as unlikely, and displayed an aerial photo of Edison Park. Mr. Gilkrist, 109 Loyola Plaza, showed pictures of the Park some twenty-five years ago, a detriment to the neighbors even then, and shared golf balls, baseballs, etc. that he said were projected into his rear yard. He expressed his opinion that there should be a fifteen foot fence to deter persons from tossing debris into the backyards, damaged fence areas should be repaired by the city, and the Police should patrol the Park more frequently. Mr. Gilkrist said he has not had use of his rear I I :1 ; ,:y:;~,. ..~, ,/" .j'li 6-27-94 yard for twenty-five years. Ms. Claudia Sloan, college Park Drive, said that while respecting the concerns of the speaker, the issue of this meeting is only the volleyball court. Miss Melissa Hale, Yale Lane, said she was previously been enrolled in the Seal Beach Volleyball Club, the only place to practice is at the beach, which is too great a distance, therefore a court at Edison Park would allow young people to practice whenever they wanted and it would attract more people from the College Park West residential area. Jeremy Elkins, Yale Lane, spoke in favor of the volleyball court for the older children. Mike Ibarra, Yale Lane, spoke in support of a volleyball court at Edison Park where people from their residential area could use it. Mr. Gordon RObinson, Loyola Plaza, questioned if the young speakers had ever played on a sand volleyball court. He summarized his communication to the Council relating to Edison Park, stated that the original Park was less than two acres and catered primarily to the recreation needs of College Park West children, his belief being that the area should be dedicated to them as a neighborhood park, and referred to the remaining approximate twenty-five acres as a community park, to which he suggested the areas be administratively separated. He recommended that the sand volleyball court be canceled immediately, stating that although it may be used by young adults, such a professional facility with high nets will not meet the needs of the neighborhood children. He recommended as well that such a court would be more appropriately located at the northerly end of the Park, and if the parking spaces at the southerly end were removed that would increase the usable area for the children. To a question of Council, the Recreation Director confirmed that the volleyball net would be adjustable to various heights. Ms. Fran Reince, 116 Loyola Plaza, expressed her concern with the safety of children. She' also said she felt that the thrust of the initial community meeting was to provide new play equipment, which she does not oppose. with regard to security she said there had been talk of a gate at the main entrance road, and stated she did not feel that sand volleyball is an activity for children nor should the court be in the front portion of the park. Ms. Stephanie Snyder, 241 Yale Lane, said the intent is to still replace the playground equipment, however suggested that the volleyball court be allowed at this location as an encouragement to use the area as a neighborhood park, and if allowed said she felt it will prove to be a positive addition, which the plan was meant to be. Renee Mundon, 168 College Park Drive, commended the community committee for their efforts in keeping College Park West residents informed, and noted that no objection to the volleyball court was voiced until the site was being prepared. She said her understanding is that none of the funds raised by the committee will be used for the court, as the first improvement it will show that efforts and donations have not been in vain, the play equipment to follow when adequate funds are available. To prior comments Ms. Mundon said she saw nothing wrong with upgrading the Park for young adults as well as the children, and that the volleyball court does not jeopardize the safety of the children. Mr. Manny Lampel, 105 Loyola Plaza, stated he did not feel anyone was against the volleyball court, just the location, to which he suggested that another area be considered where the residents will not be impacted. Mr. Gordon Shanks, 215 Surf Place, said as a beach community he felt that volleyball is inherent to Seal Beach, and recalled playing sand volleyball on the beach within a short distance from expensive homes. Mr. Bob Reince, College Park West, questioned where the monies to install the volleyball court are coming from, and claimed the use of Quimby fees would be inappropriate. He recalled discussion of the present use and improvement of what existed during the initial committee meeting, improvement of the tot lot and basketball court, 6-27-94 however it has not been mentioned that a suggestion was also made that the basketball court be moved further from the homes, none of the concerns have been addressed. Mr. Reince said the southern section of Edison Park is three hundred feet, accommodates basketball, a tot lot, storage shed, eight parking spaces,_softball, baseball, and soccer are played, and occasionally volleyball. He mentioned that when there is an intensification of use, whether it be commercial, industrial or residential, the Council has been astute in their notification to the neighborhood of the impacts, Loyola Plaza residents are the immediate neighbors of Edison Park and the recipient of the problems, of which the Council has been apprised. Mr. Reince said every issue of privacy, personal and home security must be examined carefully, and Loyola Plaza neighbors should be treated with sensitivity equal to other unique situations. Mr. Wally McGolden, 100 Loyola Plaza, claimed that the Park is not safe because the city does not enforce the parking and fishing restrictions in the Park. Ms. Christine Hale, 129 Yale Lane, offered that the committee has raised about $6,000 thus far from donations, garage sales, a 10K run, sale of pizzas, etc., about $13,000 is needed for the entire playground equipment group, the fund raising efforts are continuing however thought is being given to installing half of the equipment initially. She spoke in favor of the volleyball court to be used by both young adults and children alike. To the concerns of Loyola Plaza residents she suggested that the City allow them to build higher fences if they desire. Mr. Chuck Reince, Huntington Beach, cautioned that if the Park improvements are too good the park may likewise become desirous to persons from outside the neighborhood, thus defeating the intent. Ms. Judy Smith, 108 Loyola Plaza, mentioned that at a prior meeting this Park was described as a community park given its size, however she claimed it is not, rather it is two parks, a less than two acre parcel housing outdated playground equipment, a basketball court, a soccer area, parking and access road. Ms. Smith said Loyola Plaza residents were concerned about what was being proposed for the Park from the onset, yet are in favor of improving the park and playground equipment, however expressed her opposition to dedicated use, soccer and volleyball facilities as an example, where the use is generally not by residents of the neighborhood and precludes use by neighborhood children. She claimed the priority topic of the first committee meeting was playground equipment, safety and security, volleyball being an afterthought. Ms. smith said Loyola Plaza residents did not participate in the_ committee as they no longer have small children and did not feel they should participate in playground equipment selection. She concluded by stating a bicycle path runs-from College Park West to the beach where there is lots of sand. There being no further comments, Mayor Brown declared Oral Communications closed. PROPOSED SAND VOLLEYBALL COURT - EDISON PARK The city Manager explained that approximately two years ago the city was approached by a citizen group having an interest in improving and upgrading the playground equipment and the overall of Edison Park, a committee was formed and there has been on- going communication as to what, if any, assistance could be provided by the City. He emphasized that it is the location of the sand volleyball court that is under consideration at this time, that discussions have been held with Edison relative to the Park and gate, discussion with the Police Department regarding security and patrol of the area, and park regulations are in the process of being prepared. The Manager pointed out that the Parks and Recreation Commission had met with -the committee, received information and suggestions, gave tentative approval to the proposed court, the work began at which point opposition was received, thereafter the commission held a public ,-- I~ I~ I I I ..', , ~ ~'d 6-27-94 hearing, after which the recommendation was that the volleyball court proceed at the location where the work had initially begun. It was the order of the Chair, with consent of the Council, to declare a recess at 8:30 p.m. The Council reconvened at 8:36 p.m. with Mayor Brown calling the meeting to order. Hastings moved, second by Forsythe, to affirm and adopt the recommendation of the Parks and Recreation Commission, allowing installation of the sand volleyball court at the location initially proposed at Edison Park. Members of the Council expressed their views for supporting the sand volleyball court installation. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried COUNCIL CONCERNS Councilman Doane relayed certain enforcement concerns that had been brought to his attention, in one instance the Main street/pier foot patrol officers took no action to stop a person from feeding the pigeons at the pier even though such feeding is not allowed by city Code, another situation being the tying of dogs to a bench or pole outside a business, left unattended, and in certain instances dog fights have ensued. He reported also that some Main street merchants have questioned the effectiveness of the parking patrols, claiming that they are never seen. The Mayor suggested that a report as to the number of parking citations issued be provided. Councilman Laszlo requested that the Parks and Recreation Commission look at providing sand volleyball courts at College Park. He noted that not only is the feeding of wild birds not allowed, dead fish are also not allowed to be thrown back into the ocean. Councilmember Hastings inquired about the McGaugh School playground director and program that was anticipated. Mr. Seymour, Recreation Director, responded that there are two programs that the Recreation Department has attempted to bring into fruition, the youth services program and the pre-school program. He said the city has been informed by the Housing/ Community Development Block Grant Program representatives that the H/CD monies are to be directed towards low to moderate residents of the city, more specifically, that fifty percent of the participants be from the low to moderate income bracket, that percentage to soon rise to seventy percent. He advised that in order to qualify for the program the City could hire a park director and specify that that program is available only to low/moderate income participants, then once the program is established the fifty percent over the low/moderate income category could be added. Mr. Seymour expressed his feeling that the program, under H/CD guidelines, is nearly impossible to implement from a logistics and humanistic standpoint. He reported that in lieu of that type of program the city has taken applications from families of low to moderate income, allotted $20,000 of the grant and provided $600 to families identified as low to moderate income to be used to participate in any of the recreation programs offered, thus the program is serving thirty- seven families, seventy-one young people. Councilmember Hastings recalled discussion of the program with the H/CD representative at which time he indicated that the more children participating in the program the better. The Director of Development Services recalled that was the program about two years ago, and explained that the guidelines of H/CD change almost annually, the regulations continuing to be more stringent, therefore the city has chosen an option to use the funds in a different manner to serve the greatest number of people. councilmember Hastings commended staff for the manner 6-27-94 in which the grant monies were distributed. Councilmember Hastings inquired as to the status of the sand replenishment. The city Manager reported that the contractor has agreed to meet with staff this week to review the details of the sand replenishment, and at this time the related costs are yet unknown, once the costs are agreed upon the transport of sand could likely commence within seven to fourteen days. He noted I however that the media coverage of this project has brought forth other potential sources for sand replenishment. councilmember Hastings expressed appreciation to the Public Works Department for the repair of the wall along Seal Way. The City Manager announced that the pier will reopen on Saturday, July 2nd, Ruby's and sportfishing will be operational. He noted that temporary access will have been provided over the recent pier fire site, Edison will be replacing electrical, the lighting system has been rechecked, the gas line is being replaced with galvanized pipe in PVC conduit, and that Rockwell has manufactured a pressure sensitive gas shutoff that will be installed on Friday. The Manager stated repair of the recent fire damage is anticipated to be presented to Council the third week of September. To a question of Council the Manager explained that the type of wiring used is a decision of Edison, as it is their line until it reaches the meter at Ruby's, the electrical engineers retained by Moffat & Nichol and the insurance company feel that the type of electrical wiring used on this pier is appropriate, all of the utilities are being reconfigured for less potential of one involving another, the electrical is also sufficient to accommodate Ruby's even in the event of their expansion, the sport fishing operation and the boat motors. Councilmember Laszlo suggested a noticed be placed in the water bills advising of the opportunity to make a donation towards the repair of the pier. The Manager noted that I the pier donation fund and plaque recognition program is still ' in place, to which Mayor Brown suggested a discussion of that ,program be placed on the next agenda. Mayor Brown reported a commendation of the Seal Beach Lifeguards by the city of Long Beach for their assistance in retrieving a helicopter from the ocean; commended Officer Miller for recovering a stolen vehicle within a short period of time, the vehicle having only minimal damage; and acknowledgement from the Harbor Patrol for the letter of appreciation received from Seal Beach for their assistance in the pier fire incident. The Mayor announced his continuing effort to obtain donations towards repair of the fire damaged pier. ORAL COMMUNICATIONS Mayor Brown declared Oral communications open. Ms. Beretta Fielding, Seal Beach, suggested the City inquire about the Rockwell property located across from the Police Department, approximately sixty-five acres, for use as a public park. The city Manager clarified that the parcel for sale is six acres with the building, the selling price is $3.1 million. Mr. Bill Ayres, Seal Beach, inquired if a determination has been made as to the cause of the pier fire, if, forensic engineers have inspected the area, and if the voltage has been tested, specifically at the end of the pier, and the location of the 'I' transformers. He suggested that the exact cause of both fires should be determined before any repair is commenced. The city Manager explained that the initial cause was felt to be electrical, however yet unconfirmed by the arson investigator, it is now believed to have been an open air barbecue that rested against a gas line, burned through it, erupted, and involved the other utilities. He reported that two forensic engineers have investigated the site, one from the City'S insurance company and one hired by Edison, the voltage has been tested, the computerized clock at Ruby's has been checked and calibrated against other working clocks, Ruby's had full electrical power ,I ,I I 6-27-94 / 7-11-94 for nearly two and a half minutes after the fire erupted, the Fire Department has the exact voltage figures, and confirmed that the transformers~are located next to Ruby's. Mr. Bob Reince, College Park West, stated it is impossible for Edison Park to be twenty-six acres, the information in the Open Space/Recreation Element is wrong. He said ten acres are identified in the Recreation Department wish book, which may be correct, a 4.5 to 6.5 acre parcel that leased from Edison, that going back to 1985, it is assumed the same acreage is carried forward to the 1990 lease, and noted that no copy of the lease extension to 1995 is available. He mentioned that there is also a prohibition of parking on the leased land, however Edison has said that provision is not enforced. Mr. Reince suggested that the Open Space Recreation Element should be correct and up to date, there should be' an enforceable park reservation and rules policy, and there should be a long term plan for the Park. Mr. Reince inquired how the immediate neighbors of the Park may have some redress. The Assistant City Attorney offered that the City Council has made its final determination on this issue, yet the law does provide remedies for disagreements through the courts. with regard to Quimby funds, the City Manager advised that the use of Quimby funds in this case is an appropriate use, and in that staff has been assigned to work on this project, that and miscellaneous supplies have been in the form of a contribution towards the development of a city park, therefore a purchase order in the amount of $1,000 has been issued for the use of Quimby funds. There being no further comments, Mayor Brown declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, July 11th at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent of the Council, the meeting was adjourned at 9:26 p.m. it: Clerk and , y of Seal clerk of the Approved: -~,~ ~ ~ Mayor Attest: Seal Beach, California July 11, 1994 The City Council of the City of Seal Beach met in regular adjourned session at 6:32 p.m. with Mayor Brown calling the meeting to order. .