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HomeMy WebLinkAboutCC Min 1995-01-23 I I I 1-9-95 / 1-23-95 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.m. :~ the Approv", ~~,,~ Att..t' Q",cj( ~ j/ C ty C1er,( Seal Beach, California January 23, 1995 i 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 , . The City Council of the city of Seal Beach met in regular session at 7:01 p.m. "lith Mayor Brown calling the meeting to order with the Salute "to the Flag. ROLL CALL Present: Mayor Brown Counci1members Doane, Forsythe, Laszlo Absent: Councilmember Hastings 1-23-95 Forsythe moved, second by Doane, to excuse the absence of Councilmember Hastings from this meeting. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Laszlo None Hastings Motion carried APPROVAL OF AGENDA Councilmember Forsythe requested that Item ilK" be removed from the Consent Calendar, councilman Laszlo requested Items "F" and "H" be removed, and Councilman. Doane also requested Item "H" be removed. Forsythe moved, second by Doane, to approve the agenda as amended, removing Items "F, Hand K" from the Consent Calendar for separate consideration. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Laszlo None Hastings Motion carried ORAL COMMUNICATIONS Mayor Brown declared Oral communications open. Mr. Ed Simmons, 218 - 17th Street, directed his comments to the beach, stated that money was spent for sand, it is gone, money was spent for a study, that was unnecessary as there are competent people working for the city and the Lifeguard Department. He said ~e pier groin should be demolished as it is the major cause of the City's contaminated ocean waters, beach erosion can not be stopped, sand does not wash onto the beaches because the riverbeds are lined with cement, the city's eroded sand sits at the end of both jetties and in the San Gabriel River, which a Lifeguard study some years back confirmed. Mr. Simmons expressed his belief that if the groin were removed it would allow sand from the south beach to move to the north beach, then during the winter the city could move the sand from the north to the south beach, and suggested this concept be studied before further monies are spent. He restated his claim that the ocean waters are dirty, yet many young people are surfing in that water, also stated his intent to attend future meetings until he is provided some answers. There being no further comments, Mayor Brown declared Oral communications closed. It was announced that anothe= oral communication period is held at the end of the meeting. APPOINTMENT - AD HOC COMMITTEE - CAMPAIGN REFORM ORDINANCE Councilman Laszlo appointed Mr. Hank Fusco to the Ad Hoc Committee, conCluding the District Four appointments. Doane moved, second by Laszlo, to confirm the appointment. Mayor Brown asked that the second District TWo appointment be postponed indefinitely. AYES: NOES: ABSENT : Brown, Doane, Forsythe, Laszlo None Hastings Motion carried I I LEAGUE OF CALIFORNIA CITIES APPOINTMENT - EL TORO CITIZEN ADVISORY COMMISSION I Councilman Laszlo requested support for Mr. Mark Leyes, Garden Grove, as the Second District representative to the EI Toro Advisory Commission. Mayor Brown suggested that the City's voting delegate to the Orange County Division, Councilman Doane, be allowed the option to support another person should there not be a consensus favoring Mr. Leyes. HOMEOWNERS MEETING - DISCUSSION - BIXBY EIR Councilman Laszlo mentioned that a meeting was hosted by the College Park East Hommowners Association this past Saturday at the North Seal Beach Community Center for a discussion of the I I I 1-23-95 proposed Bixby project Environmental Impact Report. He acknowledged placing this item on the agenda in the event of complaints regarding the discussion since the Environmental Quality Control Board has not yet completed review of the document and he felt such a meeting was too early in the process. He offered however that it was reported to him that the presentation by the City Manager was very well done. Upon completion of the EQCB review, he suggested that another meeting be held, possibly conducted by that Board, in a town hall setting. Councilman Laszlo noted that he had not attended the Homeowners meeting. Mayor Brown advised that the City Manager has been invited to make a similar presentation in Leisure World on February 20th. CONSENT CALENDAR - ITEMS "c" thru "L" Mayor Brown requested an opportunity to present Item ''In to the representative of Assemblywoman Allen present at this meeting. Forsythe moved, second by Laszlo, to approve the recommended action for items on the Consent Calendar as presented, except Items "F, H, J and K", removed for separate consideration. C. Approved the waiver of reading in full of all ordipances 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. D. Approved the minutes of the January 9, 1994 regular adjourned and regular meetings. Approved regular demands numbered 7701 through 7888 in the amount of $1,048,383.90 and payroll demands numbered 10013 through 10283 in the amount of $249,085.22, and authorized warrants to be drawn on the Treasury for same. E. G. Received and filed the status report regarding the Orange County Mortgage Credit Certificate Program (first-time homebuyers assistance). I. Received and filed the staff report and authorized the Mayor to sign the response letter to the review of the Draft EIR, Queensway Bay Master Plan, City.of Long Beach, as recommended by the Environmental Quality Control Board. Received and filed the staff report and authorized the Mayor to sign the response letter to the review of the Draft Environmental Assessment/Initial Study, Los Alamitos AFRC JP-8 Fuel Storage Facility, as recommended by the Environmental Quality Control Board. L. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Laszlo None Hastings Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM nJ" - PROCLAMATION - ASSEMBLYWOMAN ALLEN Mayor Brown read the proclamation recogni~ing Assemblywoman Doris Allen for her efforts in encouraging the Governor to 1-23-95 declare a state emergency as a result of the January storms. An assistant to Assemblywoman Allen accepted the proclamation on her behalf and read a letter of appreciation from the Assemblywoman. RESOLUTION NUMBER 4363 - SEEKING METROPOLITAN PLANNING ORGANIZATION DESIGNATION FOR ORANGE COUNTY I Resolution Number 4363 was presented to Council entitled "A - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING THE REDESIGNATION OF SOUTHERN CALIFORNIA'S METROPOLITAN PLANNING ORGANIZATION AND THE DESIGNATION OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY AS THE FEDERAL METROPOLITAN PLANNING ORGANIZATION AND THE STATE REGIONAL TRANSPORTATION PLANNING AGENCY FOR ORANGE COUNTY." By unanimous consent, full reading of Resolution Number 4363 was waived. Councilman Laszlo indicated his intent to oppose this item as a protest to the on-going directives imposed on cities by the Southern California Association of Governments. Councilmember Forsythe moved to adopt Resolution Number 4363 as presented. Councilman Doane seconded the motion for the purpose of taking an action. The city Manager clarified that the thrust of this item is to actually move away from SCAG authority and towards establishing an Orange County Metropolitan Planning Organization, a vote in opposition to this item could be construed as a vote in support of SCAG. AYES: NOES: ABSENT: Brown, Forsythe, Laszlo Doane Hastings Motion carried ITEM nHn - MECHANICAL LEAF BLOWERS - POLICY STATEMENT I Councilman Laszlo expressed his preference for an ordinance similar to that of Palos Verdes Estates which limits the hours, days, etc. that leaf blowers may be used. It was pointed out that the recommendation of the Environmental Quality Control Board is for a trial period of six months whereupon the program is to be reviewed, also noted that local regulations would be unenforceable and it will likely be necessary for an agency such as the Air Quality Management District to take further action to resolve noise and air quality problems associated with such devices. Forsythe moved, second by Doane, to accept the recommendation of the EQCB and direct staff to prepare a policy statement regarding the use of mechanical leaf blowers within the city, said policy statement to establish an educational program on the proper use of mechanical leaf blowers for a trial period of six months, after which the program may be extended or consideration given to ban the use of such blowers. AYES: NOES: ABSENT: Brown, Doane, Forsythe Laszlo Hastings Motion carried ITEM "K" - PLANS and SPECIFICATIONS - COLLEGE PARK EAST/WEST STREET RESURFACING Councilmember Forsythe raised the question as to when street resurfacing in College Park East will be completed, pointing out I that there are a number of streets on the Hill and in Old Town that are also in need of repair. The Manager reported this project is part of the gas tax utilization program for College Park street resurfacing approved some three to four years ago, this likely to be the last of those projects, and confirmed this is not an allocation of new funds. He added that staff is in the process of prioritizing streets in need of repair, many located in Old Town and on the Hill, to be considered for Measure M funding, of which there is about $385,000. Forsythe moved, second by Laszlo, to approve the plans and specifications for resurfacing certain streets in College Park East and College Park West and authorized the City Manager to advertise for bids. I I I 1-23-95 AYES: NOES: ABSENT: Brown, Doane, Forsythe, Laszlo None Hastings Motion carried RESOLUTION NUMBER 4364 - CREATING ORANGE COUNTY FIRE AUTHORITY - JOINT POWERS AGREEMENT/REPRESENTATIVES Resolution Number 4364 was presented to the Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE JOINT POWERS AGREEMENT CREATING THE ORANGE COUNTY FIRE AUTHORITY AND APPOINTING A REPRESENTATIVE AND AN ALTERNATE TO THE BOARD OF DIRECTORS." By unanimous consent, full reading of Resolution Number 4364 was waived. The City Manager recalled that discussions commenced about three years ago with regard to the formation of a Fire Protection District, the required State legislation to do so failed at the committee level, thereafter discussions commenced between the structural fire and contract cities, and the Board of supervisors with regard to the formation of a Joint Powers Authority. He mentioned that the draft Joint Powers Agreement was approved by this Council in September, forwarded to the County, the agreement approved by the other eighteen cities as well. He noted that the Board of Supervisors made minor modifications to the agreement, representation by two members of the Board of Supervisors rather than one, and creation of an executive committee consisting of five or seven members selected from the full Joint Powers membership and one member of the Board of Supervisors, those changes acceptable to the JPA cities. The Manager mentioned that there are some separate issues relative to the County bankruptcy, however the cities feel it is imperative, with the County having approved the JPA, that this matter go forward, and upon ratification by the eighteen cities the Joint Powers Authority will have been formed, the organizational meeting thereof scheduled for February 3rd. He added that there are some procedural steps to be accomplished before the actual transfer of the authority to provide those services, and it is the belief of the cities that what the County agreed to with regard to the asset transfer and reserves of the Fire Department, the Structural Fire Fund and Augmentation Fund do need to be protected and that can best be done with the formation of a JPA. Councilmember Forsythe inquired as to the disposition of the fire equipment and stations at the time the city contracted with the County for fire services, and given the lack of control experienced with regard ,to rate increases, asked if the City will be locked into Orange County or could Los Angeles County be looked to for such services. The City Manager said he believed that the fire equipment had been sold to the County, the Stations are the property of the City, and as to services being provided by Orange County he explained that Structural Fire Fund cities have no option, they either remain under that Fund with County Fire or they move to the JPA, if the Authority is not formed then the decision making on funding, services, service levels, equipment, etc. remains solely with the Board of Supervisors. He advised that a direct contract with Los Angeles County has not been looked at, however there have been preliminary discussions with two cities having full fire services located in the general area of Seal Beach, inquiring if they would have an interest if a need arose for such services by Seal Beach. In that the City currently contracts for fire services with the orange County, the Manager explained that if the JPA is formed the C9unty Fire Department will no longer exist as the contracting entity, the City would contract with the JPA, the rates will continue as they exist under the contract with the County for a period of three years, there is provision for withdrawing from the JPA, and it is believed that the city would have the option of not joining however could contract for services with the Authority, and services currently pr?vided by the Count~, paramedics, 1-23-95 personnel, equipment, operations, etc. will not change. Councilmember Forsythe expressed specific concern with the prior proposal to eliminate the fire stationl paramedic services near Leisure World. The Manager advised that the City will have the ability to select the service levels desired, it is not the intent nor does the JPA provide for any reduction of services, again, upon formation the decision making process will be I transferred from the Board of Supervisors to the JPA, every city - will have a voting member, of those members five or seven will be selected to serve as the executive committee, that committee can make recommendations however there must be ratification by the Authority as a body. Mr. Hugh Woods, Orange County Fire Department representative, advised that the station located near Leisure World is one of the busiest for paramedic services, and given the emergency services criteria of the Department it would not be reasonable to remove those services from that station, the proposal mentioned may have been when the State was looking at the formation of a fire district and the Department could have lost fifty percent of its funding. Councilmember Forsythe expressed her concern with equity, fair share, loss of rate control, and being locked into the Authority should it appear it does not work. Councilman Laszlo mentioned that there are other cities in the general vicinity of Seal Beach, such as Los Alamitos, Stanton, Cypress, etc. that would be in a similar situation. Laszlo moved, second by Doane, to adopt Resolution Number 4364 as presented. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Laszlo None Hastings Motion carried Doane moved, second by LaSZlo, to appoint Mayor Brown as the representative to the Orange County Fire Authority Board of Directors. I AYES: NOES: ABSENT: Brown, Doane, Forsythe, Laszlo None Hastings Motion carried Appointment of the alternate representative was held over until the next meeting. AUTOMATION - POLICE DISPATCH and RECORDS The city Manager pointed out that the Seal Beach Police Department is the only law enforcement agency in Orange County that does not have computerized dispatch or automated records, the cost of such a system always having been outside the city's capabilities, however it has been found that the City of West Covina, selected by the company that produces most of that type of equipment for law enforcement agencies, was chosen as a trial site for their state of the art equipment, and in turn have authorized West Covina to sublease the software programming, the cost of which is about forty percent less than placing a mainframe within the Seal Beach facility. He explained that this is not a budgeted item, however the conversion to the 800 Mhz phone system has been an on-going budget item for which I there is approximately $150,000 set aside, and although that conversion continues to be important, the County may not now have the capability to uphold its participation in that program, and unfortunately some cities placed their set aside funds in the County Investment Pool, which are now at risk, while Seal Beach maintained those funds separately. . The Manager noted that Los Alamitos is exploring a portion of this system to enhance their in-place automation, two cities are already participating, West Covina has only a certain capacity however are willing to await an indication of interest from Seal Beach. He offered that funding could be realized by the transfer of the 800 Mhz I I I 1-23-95 monies as it now appears that there will be no expenditure for that system for at least three years, the one time cost to participate in the West covina system would be about $140,000 with a monthly expense of around $1,700, also noted that any agreement that may be drafted, with the assistance of the city Attorney, would be forthcoming to the Council for consideration. The Manager confirmed that this system will allow for a compilation of historical data. Doane moved, second by Forsythe, to authorize staff to proceed with discussions with the City of West covina on a Data Processing Equipment and Service Agreement for on-line microcomputer equipment and software to provide computer aided dispatch and records automation. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Laszlo None Hastings Motion carried MAIN STREET SPECIFIC PLAN - CONSULTANT PRESENTATION It was the consensus of the Council to adjourn this meeting until Wednesday, February 8th, 1995 at 7:45 p.m. to meet in joint session with the Planning Commission for the presentation of the Background Study Report prepared by the City'S consultant, Zucker Systems, for the Main ~treet Specific Plan. GENERAL RATE INCREASE - COMCAST CABLE Councilman Laszlo alerted the public and staff to be aware of possible rate increases for cable television service. The City Manager noted that the City did apply to the FCC for rate regulation authority, that has been granted and a review of data from Comcast Cable is currently taking place, however explained that local rate regulation authority applies only to basic service, not the premium channels, and in the case of Comcast 'their proposed increase is for the premium channels and extended services, no adjustment of the basic rate. ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Dr. David Rosenman, 208 - 8th Street, recalled approval of a Conditional Use Permit some time back that allowed an extension of hours for John's Food King Market, mentioned having seen a posted notice on that property relating to the transfer of the ABC license, and inquired of staff when the CUP for the transfer would be considered. The Director of Development Services explained that there is no CUP requirement for transfer of an existing license, the CUP runs with the land, when application is made to the Alcoholic Beverage Control for such transfer the city is notified, the new applicants are contacted and informed of any conditions applied to the property, and the applicants are required to sign an acceptance'and agree to abide by the conditions prior to the ABC issuing the license. Dr. Rosenman asked if a background check is planned of the new owners, and is the City precluded from making any ,representation to ABC given the over-concentration issue. Mr. Gordon Shanks, 215 Surf Place, inquired as to the reasoning behind it being unadvisable for members of the Council to attend certain public meetings, such as the Homeowners meeting this past .Saturday. Mayor Brown responded that in certain instances the Council takes on a role similar to that of a judge and each member of the Council is entitled to receive the same information, ,and in instances where a councilmember attends a meeting and is privileged to additional information, that information then needs to be shared with the other members of the Council. The city Attorney confirmed the response to be basically correct, adding that when taking quasi-judicial actions, such as CUP's, tract maps, and variances, the Council does act in the capacity of a judge and can only consider evidence presented to them at the meeting, 1-23-95 therefore if evidence is obtained outside of such meeting it needs to be reported to the Council for the record at the time of the public hearing relating to the item. Ms. Donna McGuire stated she is a member of a group of College Park East citizens, the People's Rebuttal of Bixby Expansion (PROBE), questioning certain aspects of the Bixby project EIR, traffic congestion as it relates to gridlock, aviation problems as it relates to noise 1- levels and crash zones, drainage and flood zones, students added to the school district, to what negative extent would the low and moderate income housing have on the value of the homes and townhomes in College Park East, the fiscal impacts of the project, and what would the liability be if the property were rezoned and allowed Bixby to construct residential homes. She mentioned an upcoming distribution of a newsletter, and asked others having similar concerns to contact their group. There being no further comments, Mayor Brown declared Oral Communications closed. COUNCIL REPORTS Councilmember Forsythe requested clarification as to the ability of members of the Planning Commission or city Council to visit property sites, seek out additional information relating to matters upcoming for consideration, and the need to disclose whatever information is learned. The city Attorney advised that visitation to a site is not prohibited, if conversation results caution should be taken to make no commitment as to taking a position, and it is necessary to report any relative information for the record at the meeting at which the issue is considered, and explained that the intent is to avoid having someone form an opinion prior to the presentation of all evidence. He acknowledged that the Council has been encouraged to not attend meetings such as that held on Saturday where pending I applications are a subject of discussion and comment, the Council having a different role than the Planning Commission in that issues can be appealed to the Council, and again, decisions must be based on the record of evidence presented at a meeting. Making reference to the Senate Committee hearings investigating the Orange County Investment Pool, Councilmember Forsythe inquired if any information was available regarding the recently reported accounts of diverted funds, and might some monies be forthcoming to the City if those funds are found to be a diversion of interest earned on the city's investment. The Manager reported that County records have been subpoenaed for review, responded in the affirmative to the comment regarding the diverted funds, offered that City records have been forwarded to the office of the State Controller however no subpoenas have been served on the City at this time. Councilman Doane inquired as to the status of signage for the pier prohibiting the feeding of wild birds. The Manager reported that signs have been ordered, will be installed as soon as they are received, the ordinance citation will be identified on the sign and the Police Department has been so advised. He mentioned that staff has been in contact with several universities and wildlife agencies relative to the control of pigeons, maintenance records have been reviewed and found there has been considerable costs incurred for property damage caused I by the pigeons, and indicated that a report relating to this issue will be forthcoming. Mayor Brown reported that Supervisor Silva has been made aware of the flood control problems experienced in the City and arrangements are moving forward to have Flood Control District engineers review the entire city flood control system, there will also be an effort to develop a plan that can be put into use should another intense storm occur in the near future. Councilman Laszlo announced that the Seal Beach Base Preservation Committee meeting scheduled for January 25th has been rescheduled to Tuesday, January 31st. The Mayor said recent rumor is that the new Congress may postpone the base I I I 1-23-95 I 2-8-95 closure process to beyond the March. or April date. Councilman Laszlo indicated that statement may be true, however another viewpoint is that this Congress may increase the closure list and possibly add another base closure round. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Wednesday, February 8th at 7:45 p.m. to meet in joint session with the Planning Commission. By unanimous consent, the meetin was adjourned at 8:18 p.m. .r- ( lerk and ex-off1C of Seal Beach of the Approved: . Attest: Seal Beach, California February 8, 1995 The City Council of the city of Seal Beach met in regular adjourned session at 7:48 p.m. to conduct a joint public information workshop with the Planning Commission relating to the Main Street Specific Plan Background Studies. ROLL CALL Present: Mayor Brown Councilmembers Laszlo Doane, Forsythe, Hastings, I Absent: None Also present: Mr. Whittenberg, Director of Development Services Mr. Barrow, City Attorney Mr. Steele, Assistant to the City Attorney Commission Chairman Dahlman Planning Commissioners Brown, Campbell, Law, Sharp Mrs. Yeo, City Clerk JOINT WORKSHOP - MAIN STREET SPECIFIC PLAN BACKGROUND STUDIES The Director of Development Services explained that the purpose of the joint meeting was to receive a presentation from the consultant and staff relating to the Background Studies for the eventual preparation of a Main Street Specific Plan, the Study being the first of a ~hree step process. 'Based upon input from the Council, the Commission, and the pUblic, a draft Specific Plan will then be prepared by the staff and consultant which will be the subject of a future joint public workshop, any changes will then be made to the Draft and thereafter public