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HomeMy WebLinkAboutCC Min 1995-01-09 I I I 12-12-94 / 12-27-94 / 1-9-95 line with other agencies and creditors, the city is making every effort possible to obtain the $1.5 million transfer at this time, and the city's position is best served with the position it has taken. The city Manager stated that legal action has not been deferred, and explained that a request for transfer is a four week time frame, the four week period concluded this date, the request is under review by the County at this time, and the City's legal position has not been compromised by actions taken thus far. Ms. Sue Corbin, Seal Beach, indicated that comments made are contrary to what has been reported in an Orange County newspaper, the State Treasurer has called for stricter investment disclosure requirements, policies, etc., also said that the County is experiencing its problems because of greed. She demanded that City staff take responsibility for overseeing the investment fund. There being no further comments, Mayor Brown declared Oral Communications closed. ADJOURNMENT It was the order of adjourn the meeting the Chair, with consent at 8:41 p.m. /) of the Council, to rk and ex-off Beach the _oved'~~~ ayor ()/ Attest: ,> Seal Beach, California December 27, 1994 The Seal Beach City Council regular meeting that was to be held on Tuesday, December 27th, 1994 as a result of the Christmas holiday was cancelled due to lack of quorum pursuant to direction indicated by the city Council. -The December 27th regular meeting was adjourned to Monday, January 9th, 1995 at 6:30 p.m. to meet in Closed session if deemed necessary. ,/t '- c ~y Clerk Seal Beach, California January 9, 1995 The city Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Brown calling the meeting to order. 1-9-95 ROLL CALL Present: Mayor Brown Councilmembers Doane, Forsythe, Laszlo Absent: Councilmember Hastings Councilmember Hastings arrived at 6:33 p.m. Also present: Mr. Barrow, city Attorney Mrs. Y'!lO, city Clerk I APPROVAL OF AGENDA Laszlo moved, second by Forsythe, to approve the agenda as presented. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Laszlo None Hastings Motion carried CLOSED SESSION It was.the consensus of the Council to adjourn to Closed Session at 6:31 p.m., pursuant to Government Code Section 54956.9(c), to discuss the potential of initiating litigation in two matters. The Council reconvened at 7:06 p.m. with Mayor Brown calling the meeting to order. The City Attorney reported the Council had discussed the items listed on the agenda and gave direction with respect to both. ADJOURNMENT It was the order of adjourn the meeting the Chair, with at 7:0n \ i "- consent of the Council, to I of the Attest: Seal Beach, California January 9, 1995 The city Council of the city of Seal Beach met in regular session at 7:08 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. I' ROLL CALL Present: Mayor Brown Councilmembers Doane, Forsythe, Hastings, Laszlo Absent: None I I I 1-9-95 Also present: Mr. Bankston, city Manager Mr. Barrow, city Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, city Clerk Mayor Brown extended an apology to residents of the community residing outside the Leisure World area in response to a newspaper article in which he was quoted as having indicated that Leisure World was the only area thatuencountered problems as a result of the January 4th storm, which he acknowledged was not the case. Mayor Brown relayed his experiences commencing when the drainage channel, which runs through the center of Leisure World, filled to capacity, spilled over, then flowed the wrong direction as a result of high tide and a retention basin that was full, the ar~a then flooded to three to four feet within twenty minutes; the Leisure World emergency team was activated, the amphitheater filled with about eighteen feet of water, electrical power was lost to the emergency team therefore communication was limited to telephone, the switchboard was jammed, yet contact was maintained with the city Manager at the Emergency Operations Center about every ten to fifteen minutes. He noted that some two hundred residences had sufficient water that required evacuation of the occupants, a shelter was opened at Clubhouse Three, and Red Cross personnel were relocated from McGaugh School to the Clubhouse. He recognized the Fire Department, Armed Forces Reserve Center, Seal Beach and Long Beach lifeguards for their assistance in the evacuation effort. The following morning the Los Alamitos Medical Center provided warm food as well as hospital beds, and the Los Alamitos School District volunteered bus transportation to. and from their facilities to allow persons the opportunity to take showers. Adding to the problems, the drainage channel westerly of Leisure World overflowed, in addition to the main channel, flooding Clubhouse Two with about three feet of water, that impacting the sewer system to the point of backup into a number of residences, that in addition to the storm drain problems. Mayor Brown reported that the Federal Emergency Management Agency (FENAl, the Office of Emergency Services, and the Small Business Administration toured portions of Seal Beach this date as they will tomorrow, as a part of determining if the storm related damage is sufficient to request a Federal Declaration of Emergency by the President, also advised of the intent to establish an office area in Clubhouse Four to accommodate any resident of Seal Beach seeking to file a claim for damages with FENA and/or OES. APPROVAL OF AGENDA .- The City Manager requested that Consent Calendar Item "Q" be removed from consideration at this meeting, and that Item "I" be removed for minor revision. Councilmember Laszlo requested that Items "H, J, N, 0, and R" be removed from the Consent Calendar; Councilmember Forsyth." requested Items "D, J, 0, and U" removed; and Councilmember Hastings requested Itemlil "G and U" removed. Doane moved, second by Hastings, to approve the agenda as amended, removing Items "D, G, H, J, N, 0, R, and U" from the Consent Calendar for separate consideration, and removing Item "Q" from consideration at this meeting. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS ... Mayor Brown declared Oral Communications open. Ms. Seretta Fielding, 223 Seal Beach Boulevard, stated that during the January 4th rains the properties and resiaents on Seal Beach Boulevard, 17th, 16th, and 15th Streets, which she was present 1-9-95 to represent, were forgotten as they were during the storm of two years ago, after which there was to have been a plan in place for such future occurrences, which she said never came about. She claimed the area was flooded by 3:00 in the afternoon, thirty-three children were evacuated from her school, through water, to the Shore Shop with no assistance, and called for correction of the flooding problem. Ms. Fielding said she had called 911 as was to have been a direction of the plan, calls were placed to the police department by other area residents as well, however nothing occurred, not even the placement of barriers, and confirmed that properties were actually flooded by the wave action from automobiles before being flooded by the rain itself. Mr. Victor Grgas, 211 - 15th Street, described his most recent flood experience as having water from one end to the other end of his house. He claimed such occurrences of flooding have happened four to five times during the past twelve years, phone calls were made however there was no response with even the placement of barriers, stated this has become a serious problem which he claimed to not be near a hundred year flood, and said it must be resolved. He suggested that the pump station located at the easterly end of Electric needs to be upgraded to increase its capacity in order to keep the water pumped out of that basin, whether that is done by working through the County agency or locally, a need also to have someone keep the storm drains cleared. Mr. Grgas requested that the City Manager provide a chronology as to what actually happened at the specific locations and when, and offered his assistance to pursue whatever is necessary to correct the problem. councilmember Hastings said it had been reported to her that trash can lids and debris had to be pulled from the drains, to which it was theorized that the pumps shut off when such debris is present. Mr. Gordon Labedz, 339 Regatta Way, a representative of the Surfrider Foundation, said he too was flooded. He complimented members of the Council for their roll in protecting the citJ" by opposing the development on the Hellman wetlands, to which he claimed that the reason for flooding in urban areas is because when it rains there is nowhere for the water to soak into the ground, the problem not storm drains and pumps, rather it is pavement, and it is hoped that the Hellman wetlands will be preserved as mostly open space for flood control purposes. Mr. Labedz said he was present to speak in support of the Bolsa Chica wetlands, not for flood control but for all the resources that wetlands hold, advised the Council that the Surfrider Foundation intends to support and join the Sierra Club lawsuit against the Environmental Impact Report for that proposed development project, and requested Seal Beach to either support the Sierra Club effort or initiate its own legal action. Mr. Bruce Monroe, 640 Seabreeze Drive, Sierra Club member speaking on behalf of the local Preserve Bolsa Chica Task Force, noted their written communication to the council indicating willingness to cooperate with any action the city pursues, and an offer to make legal and other services of the Sierra Club available to the City. Mr. Mario Voce, 730 Catalina Avenue, concurred with the comments of the two previous speakers, adding his own influence to stop the Bolsa chica project, made reference to a January 2nd news article speaking to the Bolsa Chica development and other wetland areas up and down the coast that the project will affect, and objected that as proposed, the development would equal the size of another city. Ms. Mary Lund, said she no longer has tenants in her four unit apartments at 213 Seal Beach Boulevard as the flood waters reached knee-high height, the units were recently refurbished, now the carpets are ruined, the beds, furniture, drapes, personal belongings, etc. are wet and not salvageable, and the force of the water pushed in garage doors. Ms. Lund made reference to the design of Seal Beach Boulevard, built at an angle, facing the homes, the drains are located on the opposite I I I I I I (' ," -;"".,.1'.'! :.1. 1-9-95 side, to which she suggested what is needed is either larger or additional pumps to accommodate such rainfall. She too offered her time and effort to resolve this problem. Mayor Brown noted that historically it appears the January 4th rainfall was the greatest amount ever recorded within an equal time frame in Orange County. Mr. Gordon Shanks, 215 Su~f Place, expressed his opinion that no one in Seal Beach escaped some flooding given the measurements from his rain gauge of seven inches during the first rain, two inches after that, and likely either Seal Beach or Los Alamitos received the most rain of any other area, all of which should be looked at in perspective, a very big storm, possibly comparable to a hundred year flood, and with the exception of the Hill all other properties in the general vicinity are in the tidelands of the San Gabriel River. Mr. Bruce Stark, Seal Beach, once again directed comments to the Orange County financial situation, noted ~he local newspaper has not as yet made any raference to. the local $2 million loss, nor has the Councilor staff made comment as to how the city is going to recover that money, mentioning that a note payment is coming due. Mr. Stark said on January 4th' persons were calling the City by 1:00 p.m. to report rising water from the rains yet it was not until 5:00 p.m. that someone brought barricades. He sympathized with the Leisure World flooding however noted that while assistance was provided by police, fire, and public works to those persons the remainder of the city had to handle the situation by themselves. Mr. Stark said this problem needs to be addressed, the citizens need to get something for their tax dollars, and answers and an apology needs to be forthcoming with regard to the $2 million loss. Ms. Norma Strohmeier, Seal Beach Boulevard, mentioned viewing the last three floods of the Seal Beach Boulevard area, noted her distress at calling for barricades to deter cars and trucks from traveling the Boulevard to no avail, the result of which caused greater flooding. She expressed sympathy for the impacted persons in Leisure World yet pointed out her efforts to pick up mud and debris at her age of over seventy. Mr. Clive Martin, 300 Corsair Way, said in front of his residence there are two large storm drains that stop pumping water every year for one reason or another, stated he has ~ot heard an adequate explanation as to why that happens, and offered that when the pumps went on, which they did about 10:30 p.m., the water immediately drained from the area. Mr. Martin said his entire house was flooded, 'not only was there high water but an oil spill from the nearby Exxon facility, questioned from where that oil originated and why, what is going to be done to remove it from the properties and streets, and stated that something must be done to resolve the storm drain problems. Ms. Carla Watson, 1635 Catalina Avenue, mentioned having purchased property in Bridgeport about 1970, noted that that area has always been prone to flooding, and that this rainfall was particularly heavy. In perspective, she offered that many of the thousand students attending the Long Beach school at which she teaches remained at that facility until about 8:00 p.m. given the magnitude and impact of the rain storm, noted that traveling on streets in.the Long Beach area was also difficult and dangerous, lacking barricades and police, thus the storm was not just a Seal Beach problem. Ms. Watson announced a film to be shown at the Mary Wilson Library on Wednesday evening relating to Los Angeles Street Cars, The Final Years 1956 to 1963, sponsored by the Seal Beach Historical Society. Mayor Brown declared Oral Communications closed. . COUNCIL ITEMS APPOINTMENTS - AD HOC COMMITTEE - CAMPAIGN REFORM ORDINANCE R~I~ Councilmember Forsythe appointed Ms. Fran Goodwin and Ms. Georgiana Brown to the Campaign Reform Ordinance Review Ad Hoc- 1-9-95 Committee. The remaining appointments by the District Two and Four representatives were held over. Hastings moved, second by Laszlo, to confirm the appointments as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried APPOINTMENT - SEAL BEACH ADMINISTRATION BUILDING AUTHORITY 1- Councilmember Doane appointed Mr. Howard McGee as the District Five representative to the Seal Beach Administration Building Authority for the unexpired term ending July, 1996. Hastings moved, second by Doane, to confirm the District Five appointment. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CONSENT CALENDAR - ITEMS "c" thru "U" Mayor Brown read the items on the Consent Calendar for information of the public.. Forsythe moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented, except Items "0, G, H, I, J, N, 0, R, and U", removed for separate consideration, and Item "Q", removed from consideration at this meeting. C. 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. I Approved reqular demands numbered 7545 through 7699 in the amount of $421,818.90, payroll dem"nds numbered 9669 through 10012 in the amount of $428,331.86, and authorized warrants to be drawn on the Treasury for same. F. Received and filed the Monthly Investment Report for the period ending October 31, 1994. E. K. Approved the Orange County Operational / Area Building Damage Assessment Mutual Aid Agreement between the city of Seal Beach' and the County of Orange, and authorized the Mayor to execute said Agreement orr behalf of the city. Received and filed the staff report relating to the Draft Environmental Assessment/Tnitial Study (EA/IS), Los Alamitos AFRC, JP-8 Fuel Facility, instructed staff and the Environmental Quality Control Board to review the referenced Draft EA/IS, prepare Draft Comments, and present same to the City Council for review and approval of the Final Comme~ts on the Draft Environmental Assessment/Initial Study (DEAl IS) for the Los Alamitos AFRC JP-8 Fuel Facility. L. I M. Received and filed the staff report with regard to receipt of the Queensway Bay Master Plan Draft EIR, instructed staff I I I 1-9-95 P. and the Environmental Quality Control Board to review the referenced Draft EIR, prepare Draft comments, and present same to the city council for review and approval of the Final Comments on the Draft Environmental Impact Report (DEIR) for the Queensway Bay Master Plan. Adopted Resolution Number 4360 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING FUNDS GENERATED FROM PROPOSITION 172 BE UTILIZED FOR THEIR INTENDED PURPOSE" (Support of California public safety agencies to combat vehicle theft and crime in general). By unanimous consent, full reading of Resolution Number 4360 was waived. S. Adopted Resolution Number 4362 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CONFIRMING EXISTENCE OF A LOCAL EMERGENCY." By unanimous consent, full reading of Resolution Number 4362 was waived. ,. T. Received and filed the legislative status report for the 1994 session and instructed staff to forward same to the Planning Commission for information. "AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "D" - MINUTES .; Councilmember Forsythe noted her abstention from voting on the December 12th minutes as she was absent from that meeting. Hastings moved, second by Doane, to approve the minutes of the December 12th, 1994 regular meeting. AYES: NOES: ABSTAIN: Brown, Doane, Hastings, Laszlo None Forsythe Motion carried " ITEM "G" - INVESTMENT REPORT - NOVEMBER 30. 1994 Councilmember Hastings made reference to the small Bank of America savings account that earned $52 interest in the month of November, and suggested such an amount could be invested in a treasury bill for-a short term, possibly three months, at an interest rate of about six percent. Discussion of this suggestion was deferred until the City Manager's report. Hastings moved, second by Doane, to receive and file the Monthly Investment Report for the period ending November 30, .1994. . AYES: NOES: . Brown, Doane, Forsythe, Ha~tings, Laszlo None Motion carried ITEM "K" -_RENAMING CITY PARKS - COLLEGE PARK EAST Councilmember Laszlo suggested that this item be acted upon at this meeting rather than postponing its consideration, as recommended by staff to allow further input from College Park East residents. Laszlo moved, second by ~astings, to approve the renaming of College Park East parks, Shapell to be known as Almond Park, Gummere to be known as Bluebell Park and College Park, located on Armed Forces Reserve Center land, to be known as Arbor Park. " 1-9-95 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "I" - RESOLUTION NUMBER 4358 - AUTHORIZING LICENSE APPLICATION - SCHOOL-AGE CHILD CARE PROGRAM Staff recommended that the title of th~ proposed Resolution be amended to read "...Authorizing the Filing of an Application..." Resolution Number 4358 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE FILING OF AN APPLICATION FOR A LICENSE FOR A SCHOOL-AGE CHILD CARE PROGRAM." By unanimous consent, full reading of Resolution Number 4358 was waived. Hastings moved, second by Brown, to adopt Resolution Number 4358 as amended. I Councilman Laszlo pointed out that the impact of inter-district transfers on the schools has recently become an issue, and questioned the appropriateness of this action in that it will encourage participation by those transferees. Councilmember Hastings noted that the after school child care program is funded by Housing/Community Development Block Grant Funds, is meant for Seal Beach children, and offered for consideration the charge of a moderate fee for inter-district transfer participants. The City Manager explained that changes to regulations under State law now requires the city to obtain a license for the operation of youth programs, including those that have been in existence for some time, the after school program and Camp Marina as examples, and clarified that the fee schedule is adjusted for resident and non-resident participation in these programs. Councilmember Forsythe requested that the second 'whereas' clause be amended to reflect the words "...interdistrict and intradistrict transfers..." The amended language to the second 'whereas' was accepted by the makers of the motion. I AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "J" - HOUSING ELEMENT REVISION - STATUS REPORT Councilmember Forsythe referred to AB 2172, legislation that provided for an extension of the planning period for existing housing elements. She asked if, because of the budgetary constraints with the housing element process being stalled and since the city has no data at this time to update that element, the city can consider the Housing Element to be void as a result of inconsistencies with the updated Air Quality Plan or Regional Mobility Plan. The Director of Development Services responded that a Housing Element is deemed to be adequate or inadequate pursuant to the provisions of State law and does not defer to Air Quality Plans or other similar documents, the impact of AB 2172 is to defer, at the State level, the generation of 'expected to reside' numbers for new low and moderate income families moving into an area, the newer documents taking into account anticipated population projections which, in the case of Seal Beach, are in li~e with the Housing Element, therefore this City's Element is consistent with Air Quality and Growth I Management. Another issue is that the Seal Beach Housing Element has been found by the State of California court system to be a legally adequate Housing Element and until such time as the city is required to amend that document it should remain as it now exists. Since the update of the Housing Element is being delayed, Councilmember Forsythe inquired as to the possibility the City could lose its protest period to contest the figures that will be forthcoming, based upon the State formula, in that because of the city's land value and non-existence of land those figures may not be applicable to Seal Beach. The Director explained until there are new numbers the City is relying on I I I 1-9-95 those generated by the state in 1989, and no city in California is required to generate anything over and above that until there are new numbers from the state, the provisions of the law requires that once the numbers are provided to the local governments a review period.automatica11y commences, it is then necessary to respond during that period. .He noted that the reimbursable mandate would cover the time and expense the city incurs to update its Element, at this point no date has been set to commence that process, only an indicated desire to fund the proqram in 1995/96. Staff clarified that the Housing Element document prepared by the citizens Review Committee several years ago was forwarded to the state, the State has never commented on that document, it is the recommendation of staff that the Element not be changed until such time as funding is made available, the citizens Committee could be involved in review of the Element at that time, and further, explained that the Archaeological Element was not part of the Housing Element document. Laszlo moved, second by Forsythe, to receive and file the status report and instruct staff to forward same to the Planning Commission for information purposes. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM nNw - LOS ALAMITOS AFRC - AIRPORT ENVIRONS LAND USE PLAN REVISION In response to Councilman Laszlo it was confirmed that the Airport Land Use Commission has adopted amendments to the Airport Environs Land Use Plan. Councilman Laszlo objected to a statement contained in Section 2.2.3 relating to the Armed Forces Reserve Center, Los A1amitos, that it is assumed 'that the AFRC will continue to operate at its present level of operations for at least the next twenty years', to which he stated the number of flights can change dramatically in twenty years, especially given the closing of bases throughout the nation. Councilman Laszlo moved to forward a letter to the Airport Land Use Commission from the City Council stating that this City does not share their opinion that the AFRC will remain the same for the next twenty years. Counci1member Hastings seconded the motion. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried Hastings moved, second by Forsythe, to receive and file the status report, and instructed staff to forward same, with a copy of the letter to the ALUC, to the Planning Commission and Environmental Quality Control Board for information purposes. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM non - RESOLUTION NUMBER 4359 - DECLARING INTENT - CONSOLIDATION OF MARCH 26. 1996 PRIMARY ELECTION WITH STATEWIDE PRESIDENTIAL PRIMARY ~ Resolution Number 4359 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION TO CONSOLIDATE THE MARCH 26th, 1996 SEAL BEACH PRIMARY MUNICIPAL ELECTION WITH THE STATEWIDE PRESIDENTIAL PRIMARY ON MARCH 26th, 1996." By unanimous consent, full reading of Resolution Number 4359 was waived. Councilman L~szlo noted that the.Ca1ifornia legislature has taken action to move the State Presidential Primary from June to the fourth Tuesday in March, that being the same date the City'S Primary Election is to be held. He expressed concern that with consolidation the city Council candidates will appear on the County ballot, may be lost in the political campaign 1-9-95 process, it may be more difficult to distribute campaign messages to the voters, the election would be handled by the County, and local results may not be known until early morning or the following day as opposed to the vote tabulation taking place in Council Chambers. He suggested that the recently formed committee that is to review the campaign reform ordinance look at the election date options and make a.recommendation to the City Council. The city Clerk confirmed that local candidates are non-partisan, suggested that a separate City sample ballot can be prepared and sent to each individual voting in the local election, and offered that the County Registrar is seeking an indication of the intent of the city at the earliest possible time for their planning purposes. Mr. Gordon Shanks, 215 Surf Place, offered his opinion that the Presidential Primary ballot will not include a great number of other offices to be elected, and given the trend to reduce the cost of government, he expressed his belief that the City of Seal Beach could not justify the holding of a separate election within a few weeks of the Statn Primary, pointing out that the 1996 local election will be for two members of the Council as well as the office of city Clerk, which is citywide. Dr. David Rosenman, Seal Beach, said he had knowledge that in some cities whose elections coincided with State and federal elections they were seriously overshadowed, possibly even impacting the outcome of the local election. Brief discussion followed. Councilman Laszlo indicated that it is likely the District Two and Four candidates would not be impacted to any great degree in the distribution of their campaign messages, of greater concern to him was the vote tabulation at the County and delay of results. Doane moved, second by Forsythe, to adopt Resolution Number 4359. AYES: NOES: ABSTAIN: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried ITEM "Oil - AGREEMENT - USE OF SEAL BEACH JAIL FACILITIES At the request of staff, the Intergovernmental Service Agreement for the use of the Seal Beach Jail Facilities by the City of westminster was held over to a future meeting. It was the order of the Chair, with consent of the Council, to declare a recess at 8:34 p.m. The Council reconvened at 8:43 p.m. with Mayor Brown calling the meeting to order. I I ITEM "R" - RESOLUTION NUMBER 4361 - COMPLETION - PIER FIRE DAMAGE REPAIR - PHASE II - PROJECT NUMBER 633 Resolution Number 4361 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #633, PHASE II, REPAIR OF FIRE DAMAGE AT THE SEAL BEACH PIER." By unanimous consent, full reading of Resolution Number 4361 was waived. The City Manager explained that this item represents the completion of phase two of the first pier fire, phase one having been the interim repair that allowed reopening of the pier, phase two represents the permanent I reconstruction. As to the second fire, the Manager said plans and specifications have been prepared, an inventory of materials remaining from the first construction has been done, a list of contractors has been compiled, and it is anticipated the bid period will be relatively short with a possible award by late February or early March. He offered that the total cost of repair of the first fire was $254,000, $154,000 reimbursement from the insurance co~pany now anticipated. Laszlo moved, second by Hastings, to adopt Resolution Number 4361 as presented. I I I 1-9-95 AYES: NOES: Brown, Doane, Forsythe, Hastings; Laszlo None Motion carried ITEM "U" - DEPARTMENT OF WATER AND POWER SPECIFIC PLAN - REOUEST FOR OUALIFICATION/PROPOSALS Councilmember Forsythe requested clarification of the term visitor serving/retail, asked if there should be a provision for non-compliance in meeting deadlines, how it is determined to whom the RFQ/P will be sent, and if all positions on the DWP Advisory Committee are filled. The Director of Development Services explained that visitor serving/retail is a term recognized by the California Coastal Commission, basically a hotel or a restaurant use, however at this point the RFQ/P is merely soliciting interest in development of the site, if a developer is ultimately selected, the final contract negotiation process would be the opportunity to impose strict time of performance provisions, also that the Request will be sent to some two hundred fifty to three hundred developers/hotel managers that have indicated interest in the property over the years. The city Clerk confirmed that all positions on the DWP Advisory Committee are filled, and mentioned that any notice of meeting of the Committee has been offered to an interested Riverbeach Condo resident. Councilman Laszlo recalled the time spent developing the Specific Plan for the DWP, the Coastal Conservancy involved in that process, and cautioned that this matter will become an issue. Councilmember Hastings indicated her satisfaction with the DWP Specific Plan, however questioned the provisions for hotel/restaurant, etc. parking that may be reduced for the common facilities up to fifteen percent through a CUP, and credit for public parking within the First street Beach parking lot, to which she inquired if there would be.a requirement for payment to the City for the public parking spaces. The Director of Development Services explained that the language of the RFQ/P is the same as that of the Specific Plan for the DWP property, the Plan does not address reimbursement for use of the public parking, however through negotiations either the Conditional Use Permit process or the development agreement could require such reimbursement if felt appropriate. In response to Council, the Manager said it was his understanding that the city approved an RFP in 1991 and directed that it be sent to the Department of Water and Power for response and.comments, it is just recently that the DWP has indicated their interest and forwarded their comments. Forsythe moved, second by Hastings, to receive and file the staff report, instructed that same be forwarded to the DWP Advisory Committee and initiate meetings with the Committee regarding the status of the RFQ/P process. Councilmember Hastings again indicated her concern with the issue of parking. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORANGE COUNTY FISCAL STATUS The City Manager pointed out that the City'S investment in the Orange County pool, as shown on the investment reports, is a deposit of $2,060,645, with the liquidati9n of bonds and other securities by the County that has now been reduced to a principle value of $1,504,271 however through the Chapter Nine proceedings on the pool will ultimately come back to the City, $600,000 of which is anticipated to be transferred back by Wednesday of next week. He explained that another issue that had come up was in regard to property taxe~ collected by the County Treasurer prior to the bankruptcy petition, placed in the pool and invested prior to remittance to the cities. He offered that the creditors committee had been in negotiations with the County, with a deadline of last Friday, to resolve a one hundred percent pass-through of the property tax, the Saturday newspaper 1-9-95 announcing that agreement had been reached, and had that not occurred the creditors committee was prepared to pursue legal action before the bankruptcy court. He noted that a percentage of property taxes, usually between sixteen to nineteen percent, is generally received within a specific time, the City is presently within seven percent of what would normally have been collected by now, the makeup of the seven percent will be I forthcoming, and unlike some jurisdictions, this city did not authorize the deposit of its property tax in the pool, rather directed that it be remitted to the city at the time of collection. The Manager again clarified that with a $2 million deposit the face value is now about $1.5 million with the liquidation, and it is the contention of all of the creditors that the County was to have assumed a fiduciary trust responsibility for all of the deposits with them, per the investment agreement, therefore the monies are not being referred to as a loss. Of the deposit in the County pool, Councilmember Laszlo said it is his understanding that $600,000 is being reimbursed, $500,000 is under dispute, and inquired as to the status of the remaining $1 million. The Manager offered that the distribution of those funds is in the hands of Judge Ryan and the creditors committee as the pool securities are sold, the value of loss at this point remains at twenty-seven percent, the Judge having indicated on three occasions of hearings that the discretionary and non-discretionary distinction will not play a roll in the distribution, in other words school districts are in the same position as cities, all agencies will share equally to the percentage of their deposits in the bankruptcy of the pool. He pointed out again that there are two bankruptcies, that filed on the County and that filed on the pool, Chapter Nine bankruptcy proceedings much different I than they are in a private situation, and the Board of supervisors retains considerable autonomy beyond that of the bankruptcy court. As to City investments, he pointed out there is $3.7 million in the State Local Agency Investment Fund and their investment policy is consistent with that of the City. The Manager mentioned that the $2 million for the TRAN repayment already exists in a separate trust fund through the Local Agency Investment Fund, therefore there is no risk as to the City's ability to meet that obligation, the $600,000 transfer being requested from the pool is for the payment to the County for the fire service contract, the remainder designated to the water bond debt payment. with regard to the determination to deposit with the county initially, the Manager made reference to the City's purchase of the Zoeter property, the interest being paid on that property was tied to the interest rate of the County Treasurer's office, the principle owed was $2 million, the city was generating interest far less that was being paid for that property, therefore the amount deposited in the County pool was not an arbitrary figure, rather an attempt to offset the interest payment to the Los Alamitos School District which was linked to the County Treasury. He emphasized that deposits to the County pool were limited to just that, there were no funds borrowed to deposit, there were no transfers from the State fund, only the minimum amount was deposited to cover the principle owed on the Zoeter property. As set forth in the I investment report, th~ Manager explained that the Bixby wall maintenance account reflects funds that are required to be on deposited in a checking account, the Water Bond account with First Interstate Bank being similar, the savings account with the Bank of America, yielding only two percent interest, is a recipient of draw-downs from the State, usually remaining in that account for twenty-four hours or less, then transferred into the City's checking account for payroll and other obligation purposes. with regard to certificates of deposit and treasury bills, he explained that the State invests heavily in treasury bills, they are a good investment, the interest yield I I I . . 1-9-95 is somewhat consistent with the state, and noted that in cases where a jurisdiction has a large portfolio there is $100,000 of insurance on deposits, as an example if there is $3.7 million on deposit there would then be thirty-seven separate banking investments which would take a considerable amount of staff time to monitor, and given the size of this city's investments it would not be beneficial because the interest yield is just not there. He pointed out that funds in the state Investment pool have full liquidity for a twenty-four hour transfer, City monies available for investment purposes are very limited in comparison to operational expenses, therefore the intent is to not tie up the City's investments, the longest period of time has been the County pool with its thirty day requirement for transfer, of importance being the maintenance of liquidity of funds at this point in time. Councilmember Hastings again spoke for investment in treasury bills, stating they are discounted, the int~rest is available immediately, and the initial investment is returned within a short period of time. The Manager offered to look at investment in treasuries further with a report back to the Council. Councilmember Laszlo noted that the Bixby Wall Maintenance Account resulted from their office park development, the fund established for repair and maintenance of the Lampson Avenue wall in anticipation of increased traffic and resulting accidents. JANUARY. 1995 STORM STATUS REPORT The city Manager reported there was virtually no area of Seal Beach that was not affected by the January 4th storm, in College Park West the channel was breaching, the entrance had to be closed, the streets and Edison Park had considerable standing water; the channel separating college Park East and Garden Grove had water levels overlapping; Leisure World was impacted by the flood channel and retention basin. He noted that commencing at approximately 1:30 p.m. there were four hundred twenty-one calls between the police and Fire 911 lines, the business line calls were counted by a GTE system as well until an overload occurred at which time the counter stopped, therefore the exact number of business calls is uncertain. He said the,Orange county Flood Control District and Office of Emergency Services data shows that for a three hour period the City was experiencing a one hundred fifty year storm, the local situation compounded by the fact that cypress was receiving a nearly two hundred year storm, and their runoff flowed towards Seal Beach even after the rain here subsided. It was pointed out at a meeting this date with county Flood, the OES, and FEMA that in the past twenty year history of orange County they have had no more than a total of twelve channels breach, on Wednesday they.had thirty. He said that when the situation warranted activation of the city's Emergency Operations, the County Fire Chief was present to monitor the local activities, his, presence the result of having monitored calls and dispatch at the County EOC and it was felt that Seal Beach was experiencing more unique and dramatic situations than were other communities, Supervisor Silva came to the EOC as well to see what resources the. city could obtain from the County. The City Manager recognized and commended the assistance of Jim Ray, Chief of Long Beach Lifeguards, who provided their lifegu~rd personnel, flotation devices and inflatables for rescue operations, Orange county Search and Rescue were of great assistance with rescue efforts as well as some traffic control, a Lt. Colonel at El Toro responded to the City'S problem of having several four-wheel vehicles stranded in high water with personnel atop them by sending six 6-by vehicles and aluminum flat bottom boats, orange County Transit'District responded with six buses in Seal Beach within an hour 'of a request for assistance, Rockwell activated and staffed their backup communication system, the School District made facilities and buses available, while waiting for the Red Cross 1-9-95 Councilmember Forsythe manned the McGaugh School evacuation center upon arrival the Red Cross then dispersed assistance to other ~reas, the Police Department, Public Works and Animal Control Officers assisted with traffic control, and McDonald's provided food on several occasions during the evening. Councilmember Forsythe also mentioned that the City Manager, Director of Development Services, the police Chief, and the I Community Services Director remained at the EOC all night to do everything possible to maintain public safety. councilmember Hastings suggested that letters of appreciation be forwarded to all persons who assisted. The Manager noted also that the Huntington Beach Assistant city Manager was awakened considerably after midnight who then arranged to send two building inspectors within an hour so that structural inspections could commence immediately. He mentioned that thus far some storm data has been prepared and will be available for distribution, cites when rainfall occurred, the intensities thereof, etc. He confirmed that debris was found floating into the drains, unfortunately it was trash collection day in some of the areas, many cans tipped from the buoyancy of the water, there was a constant debris removal effort, trash can lids, a christmas tree, etc.; for those persons in the Bridgeport area, there have been some discussions with Exxon with regard to the oil seepage, those will be continuing, it appears that Exxon has been informing and working with the property owners of that area regarding the restoration of property, city staff also available to interface that situation if necessary. He reported the Governor declared a state of Emergency over the weekend, the federal government has yet to do so, however it is important to have FEMA involvement in that upon that declaration seventy-five cents of every dollar spent by the City in addressing the emergency could become reimbursable, there would also be I individual assistance for properties and businesses, and to that he encouraged everyone having an expense to restore their home or property to document the damage and retain the receipts to support any filing of claim. The state declaration provides some assistance for public facilities, yet any recovery for individuals and businesses is questionable at this point, State support basically sev~nty-five percent of what FEMA does not pay for damage to public facilities, local damage at this point would be repair of the bridge at Westminster over the channel, the bridge at Marina and First, an evaluation is being done of the sand that may have been lost from the storm and wave action, debris removal, staff and overtime costs currently estimated between $40,000 to $50,000, etc. Mayor Brown emphasized the need for the proper person to be placed on notice for the activation of the pumps at Seal Beach Boulevard and Electric prior to arrival of the next storm. The Manager explained that in the downtown area of Seal Beach water flow is from Main Street towards the easterly and westerly drains, from Main street to Seal Beach Boulevard is the Orange County Flood Control District, including their pump station at the Boulevard/Electric Avenue, the other facility at that approximate location is the city's sewer lift station, not a storm drain facility, and when the red light at the City facility is flashing it means that the lift station is pumping I within ten percent of its capacity, which is not an uncommon situation when the sewer manholes are under water, the City's storm pumps are located adjacent to the San Gabriel River at the Trailer Park. He noted that both county and city personnel have advised that the sewer pumps were working by at least 2:00 p.m., County personnel was present at that location, also, a representative of County Flood will either be present or available by contact 3t the EOC tomorrow. Expressing concern that a christmas tree or trash can lids would be able to be swept into the storm drains, Councilmember Hastings referred to the drain at the Boulevard and Electric which she said has large I I I 1-9-95 openings, and suggested that additional vertical bars would eliminate large items from accessing the drain yet would not impede the flow of water. The Manager offered that the drains are routinely inspected, that was done in recent past, and noted the drains having qrate coverings tend to clog more quickly because they do not allow small debris to flow. Councilmember Forsythe pointed out that the vulnerable areas are known, barricades will be in place in a timely manner should they be necessary for the upcoming storm, and suggested that refuse and recycling containers be placed on the curb during the night rather than in the street so they do not hamper the flow of water and reduce the potential tipping of those containers. For such crisis long term she mentioned a suggestion to identify volunteers to help wherever the~e is need, to assist public works employees would be one area, persons having four-wheel drive vehicles that would be willing to aid in rescue efforts, and commended the efforts of those persons who attempted to collect floating debris during the last storm so it did not enter the drains. She noted that the local storm drain system was built to accommodate a one hundred year flood, if the rainfall exceeds that the system will back up, and explained that during the most recent storm some of the smaller drains did not flow quickly because they interconnect with the large drains which were filled and flowing to capacity. Councilman Laszlo acknowledged problems from' tipped trash cans in college Park East as well, however many residents did place their cans out of the street as was suggested. Noting that College Park East has only about six storm drains, he said the areas of greatest impact were Candleberry' and Birchwood at Aster, wisteria, deep water, stalled cars, some garages had water, additional concern was with the closing of Lampson Avenue at Seal Beach Boulevard for those attempting to reach their residences, then being rerouted to the Freeway and through Garden Grove, however travel was delayed from that direction as well due to flooding, therefore College Park East was virtually. inaccessible, some residents suggesting there should be an emergency plan specifically for rain and flOOding. The City Manager offered that according to the late~t weather report the next storm is expected this morning about 3:00 a.m. witb rainfall predicted between one to three inches, however noted that the prediction for January 4th had been moderate to heavy, two inches in the mountains, one at the coast, yet this City received almost six inches. In anticipation of the next storm, he mentioned that three six by six vehicles are housed at the Naval Weapons Station, there are flat bottom boats, inflatables, the North Seal Beach community Center will be opened and staffed with communication capabilities simultaneously;with any closure of Lampson, surf is expected to be three to four feet, a Fire Department road grader is within the City, the NWS grader is available as well, barricades have been ordered to replace those lost in the storm, and requested that persons parking on First Street and Marina Drive not park on the grated drains. In anticipation of a federal emergency declaration, he encouraged persons to contact City Hall with damage information for possible future FEMA claims. Councilman Laszlo suggested that the north side of Lampson be utilized for.two-way traffic rather than closing the entire of the Avenue. Councilman Doane commented on water fl.Ming from the Weapons Station into Leisure World, the Weapons station land being higher than that of Leisure World, also that the high tide and the filled to capacity retention basin is felt to have had considerable impact on the flooding in Leisure World, and it is now felt that the water in the retention basin could be released into the wetlands, allowing flow from the flood ch~nnels, another suggestion had been to look into some device that would channel and move waters from college Park East on~o the farmlands of the Weapons Station. 1-9-95 ORAL COMMUNICATIONS Mayor Brown declared Oral communications open. Mr. Mark Hotchkiss Seal Beach, read a letter from Moira Hahn and himself to the City Council regarding the denial by the Naval weapons station, with concurrence of the city, for archaeological site survey records requested by Ms. Hahn, noted the attached communication from the Navy to the City, and the city's proposed I response, to which he suggested that the City redirect their efforts as set forth in the draft response letter prior to the January 18th Archaeoloqical Advisory committee meeting; Dr. David Rosenman, 8th street, directed his comments to the previously read letter, and suggested that Councilmembers Hastings and Forsythe and City Manager meet with Ms. Hahn and the Base Commander with regard to the roll of the civilian employees at the Base and resolve of the records request. Mr. Don Smoot, Seal Beach, commended his neighbors and other residents of the Hill area for their efforts in keeping the drains clear from floating trash and debris during the recent storm, thus helping to keep water from entering the homes, also appreciation to the City employees and Councilmember Forsythe. Mr. Bob O'Rear, Seabreeze Drive, reported his ownership of property on Seal Beach Boulevard for forty-five years, recalled this velocity of rain on numerous occasions, suggested that the pumps should be upgraded to accommodate such rainfall, and possibly placed under the jurisdiction of the City rather than the county. He asked that something be done so that this situation does not continue to occur. Ms. Norma strohmeier, 209 Seal Beach Boulevard, again mentioned her observation of the flooding on Seal Beach Boulevard, 15th, 16th and 17th Streets, claimed that upon removal of the debris from the drain one could see the increased water drainage, and until such time as the drains are redesigned, asked that city personnel inspect for I debris on a regular basis. There being no further comments, Mayor Brown declared Oral Communications closed. COUNCIL CONCERNS Mayor Brown acknowledged Assemblywoman Doris Allen for her efforts in pursuit of the Governor's proclamation of a State emergency as a result of the storm and flood damage, and requested a proclamation be prepared in recognition of her for the next meeting. Councilmember Forsythe asked that procurement of an additional pump at the Electric Avenue Station be pursued, concurred that a considerable amount of runoff came from the Naval Weapons Station during the heavier periods of rain, assistance from the Station in that regard might be followed up as well, and that some type of identification be implemented for the location of the storm drains when water comes to the flooding height as well as access for clearing the drains of debris. Councilman Laszlo commended the city's refuse contractor, George Briggeman, and his crews, for assistance during the period of the storm. He suggested that perhaps the police departments of the cities of Seal Beach and Garden Grove could coordinate their efforts during such emergencies to assist residents in accessing their homes. Councilman Laszlo reported having requested all written information and communications between the Planning Department, the EIR consultant, the City I Manager, the office of the city Attorney, and the Aviation consultant relating to the proposed Bixby project. He suggested that the cable rate increase be a matter of discussion for the next agenda, also mentioned that the Base Closure Committee meeting had been canceled due to the recent storm and requested that it be rescheduled for possibly January 18th if the NWS Base Commander is available to attend. Councilmember Hastings also commended Mr. Briggeman's storm related assistance, during which he reported to have collected between fifty to sixty tons of debris. Mr. Briggeman introduced Ms. Kelly Martin, an aide to Assemblywoman Doris Allen, who he said was present to make notes 1-9-95 I 1-23-95 I of comments relating to the recent storm, Mr. Briggeman also offered his assistance to the city at any time of need. Ms. Kelly noted that Mr. Briggeman will not be compensated for his storm assistance unless that is done through the city, that then likely to be reimbursable through emergency funds. Councilman Laszlo commended an unknown person having a high, four-wheel drive vehicle who rescued persons from deep water in College Park East. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday,-January 23rd, 1995 at 6:15 p.m. By unanimous consent, the meeting was adjourned at 10:17 p.JD. Approved, ~~#' Att_t, QuAi);t do I tJ Ctty Cl~' Seal Beach, California January 23, 1995 ,- The regular adjourned meeting scheduled for 6:15 p.m. this date was canceled as there were no Closed Sessi9n matters requiring discussion. , . Seal Beach, California January 23, 1995 ~ . I . The city Council of the City of Seal Beach met in regular session at 7:01 p.m. ~,ith Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brown Councilmembers Do~ne, Forsythe, Laszlo 'r Councilmember Hastings Absent: