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HomeMy WebLinkAboutCC Min 1995-02-13 2-8-95 I 2-13-95 The joint city council and Planning commission meeting was adjourned by unanimous consent at 9:56 p.m. lerk and ex-of of Seal Beach I Attest: Approved: Seal Beach, California February 13, 1995 The regular adjourned City Council meeting scheduled for 6:00 p.m. this date was cancelled as there were no items scheduled for Closed Session discussion. '/l " , I Seal Beach, California February 13, 1995 The city council of the City of Seal Beach met in regular session at 7:05 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. Barrow, city Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk I APPROVAL OF AGENDA Doane moved, second by Forsythe, to approve the agenda as presented. I I I 2-13-95 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Mr. Dennis Pollman, 708 Seabreeze resident and business owner, made reference to the rece~t presentation of background information for the Main Street Specific Plan to which he noted that the findings of the consultant were that 'maybe there is a parking problem on Main street~, 'maybe there should be parking meters', and 'maybe a parking d1strict should be created'. He suggested that the City Council take action to create a parking district and a business district in cooperation with the Chamber of Commerce and the business people. Mr. Stan Anderson, 632 Balboa Drive resident and owner of Coaches, expressed his opinion that over the years there has not been a positiveness shown by the Council, the Planning'commission and the business people to get things accomplished, an example being the delayed approval of BJ's and a bakery that applied to provide a couple of tables however was denied. He said he felt the city should be trying to encourage businesses to come into the City to which he suggested that some type of element should be prepared to advise potential businesses of what is required up front, also, it should be made easier for existing businesses to remodel and upgrade. He cited Main Street and the pier as a magnet and focus of the community. Mr. Anderson said he would like the Business Association to come together to evaluate the various recommendations of th~ Main Street Plan because whatever improvements are made 'to Main Street become a benefit to the other shopping areas as well, and called for the cooperation of the Council and Planning Commission with the Business Association to implement and accomplish a Plan for Main Street, again emphasizing that businesses need to be informed as to City requirements, and noted that through a cooperative effort the Business Association sponsors community events and the monies generated are put back into the community through worthwhile causes. He expressed his opinion that the parking issue is no more than a need for improved management and better utilization, the pier restroom facilities are in need of improvement, Main Street and pier police foot patrols are important and police vehicle patrols should be visible every fifteen to twenty minutes. Mr. Anderson offered his and the Association's cooperation, however suggested that if this type of study is deemed to be necessary in the future that the expertise of local citizens be tapped rather than retaining an outside consultant. Councilmember Hasting~ explained that the business to which reference was made did represent themselves to the City as a bakery initially yet it was actually a coffee and roll business. There being no further comments, Mayor Brown declared Oral Communications closed. COUNCIL ITEMS APPOINTMENT - AD HOC COMMITTEE - CAMPAIGN REVIEW ORDINANCE Mayor Brown nominated Mr. Mike Polacek, Ironwood Avenue, as his second appointment to the Ad Hoc Committee for the review of campaign reform Ordinance 1381. Doane moved, second by Laszlo, to confirm the appointment to the Ad Hoc Committee. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried APPOINTMENT - ALTERNA~E REPRESENTATIVE - ORANGE COUNTY FIRE AUTHORITY It was the consensus of the Council to accept Mayor Brown's appointment of Councilmember Laszlo as the alternate representative to the Orange County Fire Authority. 2-13-95 APPOINTMENT - DEPARTMENT OF WATER and POWER ADVISORY COMMITTEE Councilmember Forsythe indicated her intent to replace the current District Three representative to the Department of Water and Power Advisory committee, Mrs. Barbara Wright, by the appointment of Ms. Rita strickroth, an interested citizen residing in the immediate vicinity of the Department of Water and Power property, the appointment to be on an urgency basis in I order to participate in an upcoming meeting of the Advisory committee prior to the next council meeting, and so moved. Councilmember Hastings seconded the motion. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried Councilman Laszlo requested that the District Four position on the DWP Advisory Committee be placed on the next Council agenda. CONSENT CALENDAR - ITEMS "0" thru "0" Councilman Laszlo requested to comment on Item "P" to which he noted an award of $200 million for the enhancement of freeways with artwork and inquired if it would be possible to request Seal Beach related scenes such as the pier, the ocean, etc. The Director of Development Services explained that the designs will be representative of all of orange county, the art proposed to be on some type of molded plastic panels, and in the event a city wished to develop their own designs, Cal Trans has advised that the cost to create each initial mold would be $10,000, and to Councilman Laszlo'~ comments offered to forward a letter to the County Committee requesting that the scenes be as reflective of a beach environment as possible. Objections were raised with the appropriation of this amount of money for scenic beautification along freeways where it could be better spent for I police, fighting crime, sand replenishment, etc., also noted that other communities have objected to no avail, and there is no reconsideration forthcoming. Staff explained that this appropriation received congressional approval in 1991, the program has been established, the option of Seal Beach at this point is to say that the panels are not wanted in this City, the panels would then be placed elsewhere, and noted that reallocation of these monies for another purpose is not an option of the program. Councilmember Hastings referred to this as a capricious use of taxpayer dollars and moved to send a letter of objection to the federal government and the authors of this legislation, that to be followed by a formal resolution. Councilmember Forsythe said she did not believe that this program will be the g~affiti deterrent that it was intended to be and landscaping would likely serve that purpose better. The Mayor suggested that any objection to this program be transmitted through the city's legislative representatives. Councilman Laszlo seconded the motion of councilmember Hastings. Noting that the appropriation has been made and the program is in place, Councilman Laszlo stated that inasmuch as the project will go forward and t~e funds will be spent, Seal Beach may as well realize something from it, and again asked that a design depicting this community be encouraged. Staff indicated their understanding that the letter and resolution are to be forwarded I to the sponsors of this legislation in washington, D. C., however clarified that the funding of this project and location of the panels are decisions made by an advisory committee to the Orange county Transportation Authority. Discussion continued. Councilman Laszlo moved a substitute motion to approve the Consent Calendar as presented, including Item "P", to be followed by a restated motion to forward letter objecting to the use of tax dollars in this manner. Councilmember Forsythe seconded the motion. D. 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 the minutes of the January 23, 1995 regular meeting. ., F. Received and filed the Monthly Investment Report as of December 31, 1994. E. G. Approved regular demands numbered 7889 through 8098 in the amount of $476,240.85 and payroll demands numbered 10284 through 10470 in the amount of $355,825.80, and authorized warrants to be drawn on the Treasury for same. I H. Approved the Data Processing Equipment and Services Agreement between the City of West covina, through its Police Department, and the city of Seal Beach for the automation of police dispatch and records in an amount not to exceed $156,000, upon review by the city Attorney. Received and filed the staff report relating to the Draft Bolsa Chica Development Agreement, and instructed staff and the City Attorney to prepare a response letter for Council consideration at the February 27th meeting. I. J. Approved the specifications for one three- quarter ton truck for the Public Works Department and authorized the City Manager to advertise for bids. I K. Authorized the Mayor to sign letters relating to the Federal Implementation Plan (FIP) and HR 304, received and filed the status report, and instructed staff to forward same to the Planning commission and Environmental Quality Control Board for information.purposes. Adopted Resolution Number 4365 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE LOT LINE ADJUSTMENT OF PARCELS 33 AND 47, BLOCK 502 OF THE ORANGE COUNTY ASSESSOR'S MAP BOOK 178, PAGE 50." (A-11 and A-12, Surfside) By unanimous consent, full reading of Resolution Number 4365 was waived. L. M. Proclaimed the week of February 12th through February 18th, 1995 as "Vocational Education Week." N. Adopted Resolution Number 4366 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING RESOLUTION NUMBER 4341, RELATING TO THE AD HOC COMMITTEE CREATED TO REVIEW ORDINANCE NUMBER 1381, TO EXTEND THE FINAL DATE FOR RECOMMENDATIONS AND REPORT." 2-13-95 2-13-95 O. P. AYES: NOES: Q. By unanimous consent, full reading of Resolution Number 4366 was waived. Adopted Resolution Number 4367 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH SUPPORTING THE CONTINUED OPERATIONS OF THE LONG BEACH NAVAL SHIPYARD AND OTHER SOUTHERN CALIFORNIA MILITARY FACILITIES." By unanimous consent, full reading of Resolution Number 4367 was waived. Received and filed the staff report relating to the Transportation Enhancement Activities Program and that same be referred to the Environmental Quality Control Board for further review and report to council. Received and filed the staff report relating to the Platform Esther Waste Discharge Permit - Regional Water Quality Control Board proposed Order 95-10, and referred same to the Environmental Quality Control Board for further consideration on February 21st, with a report to the City council on February 27th. I Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried Again with regard to Item "P", Councilmember Hastings moved to send a letter to Washington D.C. to the attention of the authors of the Intermodal Surface Transportation Act to go on record that the position of Seal Beach is that this legislation is a I capricious expenditure of tax payer money, copies of same to be sent to congressman Rohrabacher, Senators Feinstein and Boxer, and State Assemblyperson Doris Allen. Councilman Laszlo seconded the motion. At the request of Councilmember Forsythe, staff offered to place the letter on the next agenda for Council review prior to it being sent. AYES: NOES: ABSTAIN: Doane, Forsythe, Hastings, Laszlo None Brown Motion carried CITY MANAGER REPORTS No reports were presented. ORAL COMMUNICATIONS There were no further Oral communications. COUNCIL REPORTS In reference to a Sun Newspaper article of January 26th, Councilman Laszlo clarified that he had not attended the recent Neighborhood Association meeting relating to the Bixby EIR. Councilmember Hastings inquired as to the status of the Orange County bankruptcy. The City Manager responded that the Board of Supervisors accepted a plan presented by the business community I committee wherein the participants in the pool would receive about seventy-seven to seventy-nine cents on the dollar immediately, in cash, then through a series of secured and subordinate notes and claims the depositors would receive one hundred percent, that plan requiring court approval, acceptance by the creditors and debtors committees, with another action by the Board of Supervisors subsequent thereto. He reported the plan does not include the sale of assets, the pool is liquidated down to where all securities are redeemable within a thirty day period, the restruct~:ing of the securities to a shorter term was quite successful where the market or face value of the I I I 2-13-95 securities held is twenty-three percent less than at' the time of the filing of bankruptcy. The issue now is the litigation against the bond houses that liquidated collateral in advance of foreclosure, the advice given by certain bond houses is under litigation as well, those court.actions going forward, and there is a commitment on the part of the County that any recovery from those litigations will be placed as an asset in the pool and shared by all of the pool participants. The Manager added that at this point ninety-cents on the dollar is quite real in the short term with a potential of the other ten cents being long term if at all. The Mayor added that the last ten cents may come from some creative ideas, possible disposal of assets, additional sales tax, and reported that a few cities have a County asset in their community and have suggested the transfer of the asset to the city thus taking it off the County's books, a counter to that by the County being that the city pay the price of the asset to the County which in turn would be shared by all participants. The Manager advised that the City's potential loss could be around $189,000, the ninety cents on the dollar return is anticipated within ninety to one hundred ten days, and the County, with the adoption of the business plan, did acknowledge that there is a debt owed to all pool participants, there was ~ fiduciary responsibility on the part of the County, and that any County assets should be obligated to the participants. He added that the funds continue to be invested in securities and are yielding in excess of five percent, that interest is being accumulated and credited back to the depositors. Councilmember Hastings made reference to a news article reporting that the County will no. longer be testing the ocean waters, and suggested that a letter be sent protesting that action in the interest of public heaith and safety. The Manager advised that staff has registered an objection with the Orange County Health Department and with Supervisor Silva, the use of independent labs is an option being looked into as well as contracting back to the County for that service, and confirmed that all of the beach City Managers are pursuing the same basis of protest. The Mayor suggested there be a follow-up of the City's concerns to the new County Administrative Officer. Councilmember Hastings recalled that the County provides Surfside Colony with $450,000, that money is utilized by the Army Corps to replenish the sand at Surfs ide as it is a feeder beach, and it is now understood that the Army Corps is not going to be requesting money at the federal level because the County can not fund their $450,000 participation, to which she suggested that contact be made with Congressman Rohrabacher to budget the Army Corps for 1996 in hopes that the County will be able to fund their portion by that time. The Manager said he had been advised of this matter a little over a week ago, to which he explained that the Army Corps funds the project through federal appropriations with a local share paid by both the State and the County, that thought to be a shared ten percent. He confirmed that staff has submitted a request to Congressman Rohrabacher's office that the Army Corps continue to pursue the federal appropriation which should be in p~ace even if not expended so that it would not be necessary to await another budget cycle, contact has been made with the County, the Army Corps as well, inquiring if a payment schedule would be acceptable in lieu of the up-front funding. He noted that Moffat , Nichol have also been requested to look at all of the Army Corps projects to determine if there might be another program that would accomplish the sand replenishment and become one hundred percent the responsibility of ~he Corps, and at this point it is thought that there may be, possibly a program in conjunction with the Navy where a spur would be added to the jetties, that considered to be a permanent mitigation for which the sand replenishment must be done first. He said an analysis has also been done and inquiry and request has been made of the 2-13-95 County as to whether or not in the interim, because the Corps had indicated difficulty in locating a barrow site in close proximity to Surfside, the sands from Surfs ide, given the wave actions, build up a very short distance from Surfs ide in an area near Sunset Beach, that sand could be transported back to the Surfside area, that in turn an offset to the County financial contribution, the Corps then assuming the remaining cost, and if I allowed that would satisfy a two to three year cycle. with regard to a possible dredging project in the city of Long Beach, Mayor Brown noted a discussion with Mayor O'Neill who reported the analysis of that sand showed it was not suitable for their beach thus quite likely not suitable for Seal Beach either. The City Manager reported that samples of that sand will be tested as soon as they are received. The Director of Development Services noted also that there is a Harbor project that the Army Corps is proposing to which the city has indicated an interest if the dredged materials prove to be suitable, however testing has not commenced as yet. Councilman Doane asked if it would be of any help for him to submit a statement to the Harbors, Beaches and Parks Commission, of which he is a member, expressing the City'S concerns with the County ceasing to test the ocean waters. The City Manager offered to prepare a statement, with the concurrence of the Council, for presentation to that Commission since it is part of the County master agency having some oversight of the Health Department. Councilman Doane inquired as to the next step in the Main Street Specific Plan process, what the total cost is anticipated to be, and if an alternative to the consultant services would be feasible. The Director of Development Services responded that the consultant team will ~raft the Specific Plan to be considered by the Planning Commission and City Council in a workshop setting I after which a final draft will be prepared for consideration under public hearings, the total contract amount for the Specific Plan process through completion was $73,000 which includes the Plan, the environmental documents, and the AB 1600 analysis which is required. He added that there is an existing contract with the Specific Plan consultant team for the entire project, entered into in 1993, the team is quite knowledgeable of Seal Beach and the traffic consultant actually worked on the 1984 study. Councilman Doane passed on a citizen suggestion for signage on Pacific Coast Highway to direct attention to points of interest in the City, such as the pier, and asked if signs could possibly be placed in the interim to completion of the Specific Plan. The Director of Development Services noted that identification signs were addressed in the Main Street background study, placement of signs would be an option for Council consideration however noted that to place any signage on P.C.H. would require p.pproval from Cal Trans. Councilman Doane mentioned that question has been raised by members of the Archaeological Advisory Committee as to the objective of that Committee, and requested that an item be placed on the next agenda to discuss its purpose, what the Committee has accomplished, with the Council possibly providing further direction to that body. with regard to the Specific Plan, the City Manager emphasized that it is important to recognize that an AB 1600 Plan and environmental documents relating to the I Specific Plan will also be prepared, those documents not inexpensive, they are technical, and a requirement of law that will allow the City to move forward in a number of ways as the Council chooses, persons should not assume that the response to the survey is the Specific Plan, and to assume that the contract expenditure is for the Specific Plan only is in error. Mayor Brown offered that upon completion of the studies and the Specific Plan, in his opinion the Council.will commence implementing as many recommendations as possible. Councilmember Hastings noted the importance of having the Plan and associated documents prepared by independent, objective people having the expertise to do so. I I I 2-13-95 I 2-27-95 ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn until Monday, February 27th, 1995 at 6:30 p.m. By unanimous consent, the meeting was adjourned at 8:02 p.m. APproved:~-~~.J"~" ~r Atteet, Cl,,~~);~ do ' tJ' C1 ty C er)t Seal Beach, California February 27, 1995 The regular adjourned city Council sessiQp scheduled for 6:30 p.m. this date was canceled for lack of Closed Session items requiring discussion. ,/\- \ I" '_ I V Clerk , Seal Beach, California February 27, 1995 . . The City Council of the City of Seal Beach met in regular session at 7:04 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. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mrs. Stoddard, Director of Administrative Services Mrs. Yeo, city Clerk .t" .