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HomeMy WebLinkAboutCC Min 1995-02-27 I I I 2-13-95 / 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 meetinq was adjourned at 8:02 p.m. of the APproved:4-.~~J'~ ~r Atte.t, C},,;@~ d C ty C er,lt , Seal Beach, California February 27, 1995 The reqular adjourned city Council sessiqp scheduled for 6:30 p.m. this date was canceled for lack of Closed Session items (;~r,inq d7nS~Orn. /J \"-~nL(J 11 _~ ~ Clerk' I , Seal Beach, California February 27, 1995 l . Beach met in reqular cal,linq the meetinq to The City Council of the City of Seal session at 7:04 p.m. with Mayor Brown order with the Salute to the Flaq. .. ROLL CALL Present: Mayor Brown Councilmembers Doane, Forsythe, Hastinqs, Laszlo if Absent: None Also present: Mr. Bankston, City Manaqer Mr. Barrow, City Attorney Mr. Whittenberq, Director of Development services Mrs. Stoddard, Director of Administrative Services Mrs. Yeo, city Clerk .t 2-21-95 APPROVAL OF AGENDA councilmember Hastings requested that Items "G, X, and L" be removed from the Consent Calendar for separate action. Councilmember Forsythe also requested removal of Item "G". Hastings moved, second by Doane, to approve the agenda as revised. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Ms. Robin Fort- Lincke, Comcast Cable public access coordinator, noted that channel three provides public access programs on Tuesday and Thursday commencing at 4:00 p.m. She explained that the Cable Foundation funds public access, the training and use of equipment is free, and upon completion of the training the participants are then certified producers. She mentioned that the training program is available to those individuals who either live or work in the City, there are a number of producers from the downtown area and an active group in Leisure World, participants range from twenty to eighty years, all are volunteers, and suggested they should all be commended for their participation in the program. Ms. Fort-Lincke announced a special awards presentation on March 2nd, 1:00 p.m., at the Comcast Studio during the sixty-first broadcast of city Watch Live, which has been shown each month for five years, the Cable Foundation having chosen the producer/director, Mr. Peter Anninos, and the host, Rick papp, as recipients of this outstanding achievement award. Ms. Fort-Lincke invited all to attend or view the broadcast. There being no further comments, Mayor Brown declared Oral Communications closed. COUNCIL ITEMS ARCHAEOLOGICAL ADVISORY COMMITTEE Councilman Doane said he was seeking clarification as to the purpose of the Archaeological Advisory committee, why was it formed, what is it to accomplish, what are the limitations of the Committee, who are they to advise, what is the extent of their authority, etc. He commended the efforts of the Committee to date, however puzzled with the fact that three of his appointees have resigned, noted there recently appeared to be internal differences ~'ithin the group yet they have put forth an effort to resolve their problems while continuing to function as a Committee. The City Manager advised that the Council adopted an Archaeological Element of the General Plan, that Plan in turn required the formation of a citizens committee, initially consisting of five members, later changed to ten with a criteria that they have a level of expertise, interest and commitment, Section 6 of Resolution Number 4186 charged the Committee with the duties and responsibilities to provide advice and recommendations to the Council and Planning Commission in regards to archaeological and historical issues of a community- wide concern, and to review, provide comments on, and propose recommended conditions of approval regarding development applications which require a report by a city-appointed archaeologist, etc. To that he also noted that the Council approved a list of archaeologists to be used on a rotating basis. Councilmember Hastings voiced her opinion that parameters should not be so narrow as to restrict the research and investigative eff'~rts of a committee. The Manaqer noted that with new committees there is quite often a misconception of responsibilities, however from his observation it appears that the Archaeological Committee is beginning to work, take actions, and make requests of staff more as a group. Councilman Doane mentioned that Ms. Hahn has provided a tremendous amount of I I I I I I 2-27-95 input to the Committee, however it appears that she is often working on her own, as a private citizen, which she confirms in some correspondence and she does have a right to do, however his concern is whether she should be doing that and continue to be a member of the Committee. Councilman Doane took exception to a quoted statement appearing in a news article this date relating to this particular Co"~ittee. Councilmember Forsythe pointed out that one of the areas in which Ms. Hahn has been interested is the Naval Weapons Station, the management procedures of the Element state that all currently undeveloped properties within the boundaries of Seal Beach shall be researched and surveyed for archaeological sites, elsewhere it states that the baseline survey does not include all sites because a detailed survey has never been done, therefore it is possible the Committee is not sure as to the authority it has over a piece of federal land, the question to that would be does the City supersede a federal agency with its archaeological policy, yet in looking back to the State and Federal Tribal Guidelines and the Antiquities Act of 1906 it states that there should be identification and marking of sites, thus the confusion as to who should be doing this. The Director o~ Development Services offered his belief that the understanding of the Committee with regard to the Naval Weapons station is fairly clear, they have no legal authority over the station as a federal facility, federal regulations are applied by the Navy t~ that facility, and the Navy has been quite cooperative in ~haring information with the Committee that they are not technically required to do under federal laws and regulations. He noted that for a period of time the Committee was troubled as to what degree they should be concerned with the survey activity taking place on the Base as part of their identification of past hazardous waste sites primarily from the 1940 through 1960 era, to that there was ponsiderable Committee discussion as to how much involvement there should be by archaeologists in that process when testing is taking place, that resulting in some conflict between members of the Committee, however at the last meeting those issues seem to be resolved for a better understanding. He added that the Navy responded as well that archaeologists and Native American monitors will be available, which they have never provided before, and according to Native American members of the Committee they have n~t had those capabilities on other federal facilities in Southern California. Given the lack of written policy, Councilmember Forsythe asked if the Base should be exempted from further consideration, howeyer noted that the Base may be more enriched with archaeological artifacts than other areas of the community in that it is understood that at one time it was the historical riverbed to the Santa Ana River, and yet how does the local agency bring attention. to the fact that sites may be disturbed. The Director again expressed belief that attention has been br~ught to the Navy, also, information that is being transmitted to the State Office of Historic preservation on any p~oject the Navy is proposing, including site investigations of where dumping might have occurred, is now being forwarded to th~ city, the Committee in turn has the opportunity to review and provide input prior to final decisions by the Navy, and it is anticipated that that process will continue. He added that there were difficulties for both the Committee and the Navj to reach this state of cooperation in that they were delvinq into something that has not been dealt with at other federal facilities, also the Committee has indicated that the concerns of that body may not be in the degree of detail desi~ed by certain members and in those instances the issue can be pursued by the: individual as a private citizen. Coullcilman Doane said he has been advised that the Navy has incurred'expenses in providing requested information to the City, question then being what future costs will there be to meet the city's needs. Councilman Doane 2-27-95 questioned if this person should continue .as a member of the Committee if she-also pursues information as a private citizen, which she has the right to do, his thought being that this would be a conflict of interest, in addition, that any cost involved in providing information should be borne by the private citizen requesting same. The city Attorney cautioned that the discussion is beyond the scope of the item listed on the agenda, I also stated he could ~ee no legal conflict with the resident pursuing information on her own time. Mayor Brown suggested that direction be transmitted to the Committee to advise the Council should there be problems that arise in the future, otherwise the Committee should be given a chance to resolve its differences and work together. DEPARTMENT OF WATER AND POWER ADVISORY COMMITTEE - DISTRICT FOUR Councilman Laszlo requested that this item be postponed. CONSENT CALENDAR - ITEMS "c" thru "N" Doane moved, second by Hastings, to approve the recommended action for items on the Consent Calendar as presented, except Items G, X, and L, removed for separate consideration. 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. Approved the minutes of the February 8, 1995 regular adjourned meeting and the February 13, 1995 regular meeting. E. Approved regular demands numbered 8099 through 8100 in the amount of $103.33, 8101 through 8226 in the amount of $356,334.04, and payroll demands numbered 9934 and 10471 through 10647 in the amount of $212,998.12, and authorized warrants to be drawn on the Treasury for same. D. I F. Received and filed the staff report relating to the Platform Esther Waste DisCharge P~rmit, Regional Water Quality Control Board Proposed Order 95-10, and authorized the Mayor to sign the proposed response letter. H. Received and filed the staff report relating to the Seal Beach Naval Weapons Station, Installation Restoration Program, Final Action memorandum for Site 9, Sandblast Grit Disposal Site, authorized the Mayor to sign the proposed response letter, and instructed that this item be forwarded to the Planning Commission, Environmental Quality Control Board, and Archaeological Advisory Committee for information purposes. I I. Accepted the proposal from Willdan Associates for assessment engineering services for the annual levy of assessment for Street Lighting District No.1. . J. Received and filed the staff report relating to the Seal Beach Naval Weapons Station, I I I 2-27-95 Installation Restoration Program, Draft site Inspection Work Plan for the Research, Testing and Evaluation (RT&E) Area, and instructed that this item be forwarded to the Planning Commission, Environmental Quality Control Board, and Archaeological Advisory Committee for information purposes. ... Approved the design plans and specifications for the Pier Repair Project, Project Number 658, and authorized the City Manager to advertise for bids for repair of the fire damaged portion of the Municipal Pier. N. Confirmed the appointment of Ms~ Rita Strickroth ~s the District Three representative to the Department of Water and Power Advisory Committee. M. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR , ITEM "G" - TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM Councilmember Forsythe presented Council with a revised version of the response letter directed to the Orange County Transportation Authority Aesthetics Advis9ry Committee with regard to the placement of art panels along Orange County freeways, objecting to those panels as a deterrent to graffiti and suggesting a more effective use of Federal and State tax dollars than this expenditure of $200 million. Upon reading a major portion of the communication, there.was an indicated consensus of the Council to transmit the revised letter presented by Councilmember Forsythe. ITEM "L" - DRAFT BOLSA CHICA DEVELOPMENT AGREEMENT - COMMENTS Councilmember Hastings commended the Director of Development Services on the preparation of the response letter to the Draft Bolsa Chica Development Agreement. The Director noted the assistance of the city Attorney's office as well. ITEMS "G" and "L" - APPROVAL OF RECOMMENDED ACTION Hastings moved, second by Forsythe, to receive and file the staff report relating to the Transportation Enhancement Activities Program and direct the Mayor to sign the revised response letter prepared by councilmember'Forsythe, authorized the Mayor to sign the response letter transmitting city of Seal Beach comments regarding the Draft Bolsa Chica Development Agreement, and directed that this item be forwarded to the Planning Commission a~d Environmental Quality Control Board for information purposes. ITEM "K" - ANNUAL FINANCIAL STATEMENT / GANN LIMITATION - 1993/94 FISCAL YEAR At the request of Councilmember Hastings, the city Manager noted the presentation to Council of the annual audit relating to the General Fund, special funds, and enterprise funds, and pointed out specifically the fund balance of $958,134 as of fiscal year end, this balance due primarily to actions of the Council relative to revenue enhancements and gener~tion as well as significant adjustments of budget controls implemented over the last three budget periods, every effort made to reverse the trend of expenditures exceeding revenues. He noted the operating budget for "1993/94, without adjustment for inflation, was the same dollar figure as the budget of 1987/88, while basically maintaining the same levels of service. He pointed 2-27-95 out that this is the first audit reflecting the modified accrual method of accounting which is consistent with the budgeting process, and provides a like comparison of figures and explanations. To the Gann limit he mentioned that that initiative was likely the more positive approach to controlling government expenditures wherein the taxing ability of a city is I limited by a formula based upon population increases and CPI'S, and should a city exceed tax generated revenues by the amount of that formula those revenues may not be spent, rather they must be rebated, thus Gann is a cap on the taxing authority of cities. He noted that Seal Beach falls below the Gann limit. To a question of coun~ilmember Hastings relating to a $402,587 outstanding debt of the Agency, the city Manager made reference to the auditors' comments relating to Note NO.4, and explained that this is not a debt of the Agency, the Agency merely assisted in facilitating the sale of the mortgage bonds, and the Director of Administrative Services added that one subordinated bond issue was sold by itself, all others have been refunded as a result of interest rates on housing, at this point preference would be to have this individual refinance and that is being investigated. She reiterated this is not an obligation of the City or the Agency. Hastings moved, second by Forsythe, to receive and file the ~nnual financial statements for fiscal year 1993/94. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CITY MANAGER REPORTS As a point of information, the city Manager provided a brief report relating to a recent ruptured UNOCAL pipeline incident in I Norwalk, the cause of which related to a Metro Link project, the oil spill was basically contained on-site, the booms over the San Gabriel River are in the process of being removed, no petroleum product eve~. reached the beach nor were there signs that it came close to the Seal Beach area. with regard to the county bankruptcy he said there was nothing new to report, negotiations are continuing between the various committees, and it is likely an option may be at a stage for presentation to the Council by the next meeting with regard to settlement of the claim of Seal Beach against the fund. The Manager noted Council authorization to bid for repair of the pier fire damage, this project the same as the first repair project with the exception of location and quantities of material, it is hoped the award will be presented to Council for consideration at the first meeting in March, work to commence shortly thereafter, and dependent upon the schedule of the contractor it is anticipated the work would be completed by the second or third week of May. Councilman LaSZlo requested a copy of the pier project specifications. As to refurbishing of the Lifeguard Tower, the Manager reported that quotations have been received, the budget is being verified to ensure that the funding is in place, and this item as well may be on the next agenda. ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Ms. Sue Corbin, I Seal Beach, asked that the City Manager report the city's bond rating at this point. There being no further comments, Mayor Brown declared Oral Communications closed. CITY COUNCIL REPORTS Councilman Doane expressed pleasure at seeing the progress of the reconstruction of the Red Lobster Restaurant. With regard to comments at the last meeting relating to the County ceasing to test the ocean watsrs and his offer to address that issue at the Harbors, Beaches and Parks Commission meeting, Councilman Doane reported he found that the commission has jurisdiction I I I 2-27-95 only over County-owned, unincorporated, property, and the providing of certain services, which would include the water testing, however response from the Commission was only glowing reports of how some cities are now conducting the testing themselves, and it appears there will be no reconsideration of that decision, another agenda item at that meeting was that cities should 'forego the stipend they receive from the County given its financial situation. Councilmember Forsythe reported she was one of many residents who received a notice from the Coastal Commission with regard to after-the-fact approval of the placement of portable trailers at McGaugh School, the Commission staff report relating thereto giving recognition to the traffic congestion in the surrounding neighborhoods as a result of school policies to increase the number of.students attending that school. She requested that the City-forward a letter for the hearing dates, March 7th to 10th, expressing concern with the intensification of:. use at the school,.the impact on the surrounding neighborhood, on the roadway network, etc. The Manager advised that the Commission agenda was received this date, a letter has been drafted addressing the issue of traffic congestion, and while the application of the school deals with off-hours there is a potential for use during school hours which could increase enrollment further, compliQate the traffic and congestion issue, and a suggestion of the letter is that permitting for any use other than the current application come back to the Commission for consideration. Staff was authorized to transmit the letter as requested. Councilmember Forsythe noted that the Rockwell records storage building is in escrow, the potential business is that of a steel fabricator, and cited concern with toxic fumes that may be emitted from such business, to which she requested that all precautions be taken that can be. She said it is understood that a sports business was interested in that fa~ility however was told the property could not be rezoned, which also poses concern. The Manager responded that staff has communicated with the Air Quality Control Board and the County Sanita~ion District advising them of the use and requesting assurances that this business meets all of their permitting requirements, the Water Quality Control Board can be alerted, and the Fire Department would be involved as a permitting agency as well. The Director of Development Services reported that a request has been made for further detail of the types of uses that would be taking place in the building so that a determination can be made if the uses are in compliance with the M-1 zoning requirements, that detail to yet be received, however it is understood that escrow can not close until there is approval from the city to issue a business license. He noted that the only industrial zone in the City is M-1, Light Industrial, allowing fabrication, treatment, processing, etc., the size and type of equipment will be analyzed as to whether it meets the M-1 zone requirements. As to t~e comment with regard to the sports business, the Manager said he understood the interested party had been advised that the property would require a zone change and as a commercial use would likely require parking in additional to what presently exists on-site. Mayor Brown reported a large Sanitation District pipe runs through Westminster Avenue east of Seal Beach Boulevard which has been under investigation for some time, a section of which was to have been dug up for a faulty product case against the manufacturer, however the pipeline recently collapsed and that is the reason for the street excavation. He noted tomorrow as an important date in that the base closure list will be announced. The city Manager acknowledged having contacted the Long Beach Marine Department as suggested by Councilmember Hastings, and reported Long Beach and Seal Beach are looking at the opportunity to develop a joint water t~sting program which would reduce the cost for each city. Councilmember Hastings asked that the Council use discretion in naming members of local 2-21-95 / 3-13-95 l:loards and committees, especially when problems exist within a committee, citing the fact that the members serve in good faith, volunteer their time and knowledge, and said she would hope it does not occur again. ADJOURNMENT It was the order of the Chair, with consent of the council, to I adjourn the meeting until Monday, March 13th, 1995 at 6:30 p.m. The meeting was adjourned by ~imous consent at 8:06 p.m. (~,r;jI ,,/' D,~:I ~ C ty" ,Clerk and"ex-offJ.c erk of the CitY/Of Seal Beach D Attest: Seal Beach, California March 13, 1995 I The city Council of the City of Seal Beach met in regular adjourned session at $:30 p.m. with Mayor Brown calling the meeting to order. ROLL CALL Present: Mayor Brown Councilmembers Doane, Forsythe, Hastings, Laszlo Absent: None . Also present: Mrs. Yeo, city Clerk APPROVAL OF THE AGENDA It was the consensus of the Council to approve the agenda as presented. CLOSED SESSION It was the order of tb~ Chair, with consent of the Council, to adjourn to Closed Session to discuss the item listed on the agenda pursuant to Government Code Section 54956.9(a), existing I litigation of the City of Seal BeaCh/Sierra Club versus County of Orange. The Council adjourned at 6:31 p.m. The Council reconvened at 1:02 p.m. with Mayor Brown calling the meeting to order. The City Attorney reported the council had discussed the item on the agenda, gave direction with regard to a settlement conference scheduled for March 14th, and no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 1:03 p.m.