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HomeMy WebLinkAboutCC Min 1995-04-24 4-24-95 Seal Beach, California April 24, 1995 The Seal Beach City Council regular adjourned meeting scheduled for 6:30 p.m. was cancelled due to the lack of Closed Session items requiring discussion. I Seal Beach, California April 24, 1995 The City Council of the city of Seal Beach met in regular session at 7:15 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 Mr. Jue, City Engineer Mrs. Yeo, city Clerk I AGENDA AMENDED Mayor Brown asked that the agenda be amended to include three proclamations received after the preparation of the agenda, the events requested to b~ recognized occurring prior to the next meeting. Doane moved, second by Laszlo, to amend the agenda as requested. AYES: Brown, Doane, Forsythe, Hastings, Laszlo NOES: None Motion carried APPROVAL OF AGENDA Forsythe moved, second by Laszlo, to approve the agenda as presented and amended. AYES: Brown, Doane, Forsythe, Hastings, Laszlo I NOES: None Motion carried The City Attorney noted that Agenda Item "A" is a Council Item" and not part of the Consent Calendar. ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Mr. Ed Simmons, Seal Beach, directed his comments to the beach which he said was in response to having heard statements relating to extension of the groin and the purchase of more sand for the south beach, to I I I 4-24-95 which he suggested further consideration be given before spending more money. He stated the groin was a major reason for the pier to fail in 1983, pictures of that incident show that the pier failed from the end up to the approximate location of the lifequard tower as a result of wave action and waves backing up against the groin and exploding upward. He also said to extend the groin would cause the north side of the beach to become dirtier than it is now. Mr. Simmons referred to a 1959 Moffat & Nichol study that said it was thought that the groin would help the beach erosion on the south side, to which he offered his opinion that it has not and in major storms sand is still lost, yet sand is backing up on the north side, suggesting that that sand be transferred to the south side. He offered that everything that flows down river backs up to the groin and makes the water dirty, the groin is in serious disrepair, and mentioned that in early years the only homes that were to be built near the ocean were on Ocean Avenue, not on Seal Way as that area was known to be the same elevation as the mean tide. Mr. Simmons asked that the groin be a matter of discussion at the next meeting, and confirmed his opinion that the groin should be taken down. A member of the Council offered an opinion that the groin has protected the pier from daily wear and tear. The City Manager confirmed that Moffat & Nichol reports do indicate and encourage that there be repair of the groin, the extension not the immediate need, rather the addition of sand is more critical. The city Engineer said from reports he has read the reason the pier failed in 1983 was because of the uplifting of the waves, and in response to a requirement of FEMA it was necessary to rebuild the pier three feet higher than its 1983 elevation, and he too confirmed that Moffat & Nichol reports have recommended repair of the groin, the extension proposed with the thought that it would further protect sand on the east beach. He indicated uncertainty as to whether Moffat & Nichol has tied beach and water cleanliness of to the groin, acknowledging that during rains debris is washed down the river from inland, and during those times the Health Department tests the waters more frequently in that bacter~a levels are higher. The Manager said he did not believe this matter could be prepared for further discussion as reques~ed by the speaker, there will be a need to review the Army Cqrps agreement for any conditions, discussions with FEMA as it relates to the pier reconstruction, the groin has undergone recent inspection, there is a cost estimate for its repair, however to remove the groin would likely involve the Coastal Commission, Army Corps, etc., and require a more extensive study to do so, a need also to weigh the issue of the groin reducing ero~ion versus the issue of the water quality. It was determined that this matter be brought back to the Council for consideration when all pertinent information is compiled. There being no further comments, Mayor Brown declared Oral Communications closed. APPOINTMENTS - BOARDS and COMMISSIONS Parks and Recreation Commission , Councilman Doane moved to appoint Ms. Mary Gray as the District Five representative tq the Parks and Recreation Commission for the unexpired term en~ing July, 1997. Councilman Laszlo seconded the motion. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried Archaeoloaical Advisorv Committee Councilman Doane moved to appoint Mr. Ace Yeam as the District Five appointee to the Archaeological Advisory Committee for the unexpired one year term. Councilmember Forsythe seconded the motion. 4-24-95 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CONSENT CALENDAR - ITEMS "B" thru "Z" Councilmember Doane asked that his abstention be noted on approval of the March 27th minutes as he was absent from that meeting. Laszlo moved, second by Hastings, to approve the recommended action for items on the Consent Calendar as presented. B. 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 C. Approved the minutes of the March 27, 1995 regular mee'cing and the April 3, 1995 regular adjourned meeting. D. Approved regular demands numbered 8491 through 8733 in the amount of $439,085.76 and payroll demands numbered 11005 through 11365 in the amount of $518,345.00, and authorized warrants to be drawn on the Treasury for same. Authorized the Mayor to sign the response letter relating to a reduction of Federal funding for Environmental Restoration by the Department of Defense, received and filed the staff report regarding same, and instructed staff to forward same to the Planning Commission, Environmental Quality Control Board, and the Seal Beach Naval Weapons Station Restoration. Advisory Board for information purposes. F. Received and filed the staff report with regard to the Archaeological, Historical, and Architectural Study of Cultural Resources on the Naval Weapons Station, Seal Beach, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. E. I G. Proclaimed May 7th through May 13th, 1995 as "Hire-A-Veteran Week." H. Adopted Resolution Number 4371 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING THE CONTINUANCE OF THE PROVIDING OF FEDERAL IMPACT AID TO THE LOCAL SCHOOL DISTRICT PROVIDING EDUCATION FACILITIES AND SERVICES FOR CHILDREN OF MILITARY PERSONNEL WITHIN THE BOUNDARIES OF THE LOS ALAMlTOS UNIFIED SCHOOL DISTRICTS." By unanimous consent, full reading of Resolution NUmber 4371 was waived. I I. Approved second reading and adopted Ordinance Number 1394 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ADDING CHAPTER 26B TO THE CODE OF THE CITY OF SEAL I J. -: 4-24-95 BEACH, IMPLEMENTING A STORM WATER MANAGEMENT PROGRAM PURSUANT TO THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMITS PROGRAM." By unanimous consent, full readinq of Ordinance Number 1394 was waived. Adopted Resolution Number 4372 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING FISCAL YEAR 1994/95 BUDGET FOR THE PARK DEVELOPMENT (QUIMBY) FUND AND AUTHORIZING APPROPRIATIONS FOR SPECIFIC PARK RELATED PROJECTS." By unanimous consent, full readinq of Resolution Number 4372 was waived. . K. Adopted Resolution Number 4373 entitled "A RESOLUTION OF THE CITY COUNCIL 'OF THE CITY OF SEAL BEACH, CALIFORNIA, MAKING APPOINTMENTS IN A SPECIAL ASSESSMENT DISTRICT." By unanimous consent, full readinqiof Resolution Number 4373 was waived. L. Adopted Resolution Number 4374 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF A SPECIAL ASSESSMENT DISTRICT." ,By unanimous consent, full readinq of Resolution Number 4374 was waived. M. I N. I Adopted Resolution Number 4375 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF;- AND PROVIDING FOR THE ISSUANCE OF BONDS." By unanimous consent, full readinq' of Resolution Number 4375 was waived. Adopted Resolution Number 437' entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARINGS." By unanimous consent, full readinq of Resolution Number 4376 was waived. Approved the Investment Bankinq Se~vices Aqreement by and between the City of Seal Beach and Sutro , Co. Incorporated relatinq to the issuance of bonds for proposed Assessment District 94-1 (Surfside). Received and filed the Monthly Investment Report as of February 28, 1995. Q. Adopted Resolution Number 4377 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CLOSURE OF THE NORTH AND SOUTHBOUND TURNPOCKETS LOCATED AT MAIN STREET/PACIFIC COAST HIGHWAY INTERSECTION." By unanimous consent, full readinq of Resolution Number 4377 was waived. O. P. 4-24-95 R. Adopted Resolution NumDer 4378 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 #646 - RECONSTRUCTION/OVERLAY OF ROSSMOOR CENTER WAY, CONTRACT ENTERED INTO BETWEEN E. C. CONSTRUCTION COMPANY AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4378 was waived. S. Bids were received until April 3rd, 1995 at 1:30 p.m. at which time they were pUDlicly opened by the City Clerk for project Number 645, Resurfacing of Streets - College Park East/West, as follows: I Excel Paving company R. J. Noble Silvia Construction company sully Miller Construction Company Atkinson Grading & Equipment Company United Associates, Inc. $119,425 125,834 128,799 131,899 142,280 144,570 Awarded the contract for Project Number 645, Resurfacing of Streets - College Park East/West to the low bidder, Excel Paving Company, in the amount of $199,425.00, and authorized the City Manager to execute the contract on behalf of the city. T. Denied the claims for damages of Dung Thi Dang and Dong Nguyen and referred same to the city's liability attorney and adjuster. I U. Denied the claim for storm damages of Mr. Clive Martin. V. Denied the claim for storm damages of Ms. Veronica Ward. W. Denied the claim for storm damages of Mr. Robert Elsner. X. Denied the claim for storm damages of Adelaide and Victor Peterson. Y. Denied the claim for storm damages of Mr. Jay Bulmash. z. Denied the claim for storm damages of Mr. Jay Bulmash, on behalf of himself and others similarly situated who are residents or and/or owners of real property located in the 100 and 200 blocks of Electric Avenue and the 400 block of Schooner Way, Seal Beach. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I STATUS REPORT - ORANGE COUNTY BANKRUPTCY Presenting an update of the Orange County bankruptcy, the City Manager again mentioned the requirement that eighty percent of the agencies representing ninety percent of the pool investment funds needed to approve the Dankruptcy settlement agreement for it to be forwarded to the court for consideration, to which he I I I 4-24-95 reported that by the April 17th deadline, ninety-nine percent of the agencies representing ninety-eight percent of the funds had approved the agreement. He advised that the settlement agreement has been forwarded to the court, a hearing is scheduled for May 2nd, at this point the judge has indicated he would be rendering a decision either that evening or the following day, should the judge approve the agreement it will then become effective eleven days from the court order, and following the eleventh day, presuming no appeals or challenges are filed, the disbursement of funds will occur pursuant to the options, Option A in the case of Seal Beach, within five days. He noted that of the approximate one hundred ninety agencies involved in the bankruptcy, one hundred seventy-three selected Option A, the remainder selected Option B, and there was no selection of Option C. The Manager reported Seal Beach is to receive a cash disbursement of approximately $1.5 million, recovery notes redeemable on June 5th for approximately $75,000, a secured claim of slightly more than $198,000, secured by the proceeds of litigation, the redemption of which is unknown at this time, noted also that a committee of member agencies will be reviewing issues relating to the litigation matters. He explained that the withheld proceeds will be nearly $34,000, the withheld being the proceeds generated when the bond houses sold the collateral to meet bond debt which was the commencement of the bankruptcy, half of the withheld proceeds have been returned to the County and it is likely will be distributed with the $1.5 million by mid-May, the remaining half is being held by First Boston, the bond house that first sold the collateral, they are refusing to forward the additional proceeds, and at this point the County is wisely refusing to meet the conditions of First Boston which is a release of Firs~ Boston from any liability in future litigation. To a question as to whether the cities that did not select Option A would impede the cities that did, the Manager replied in the, negative, explaining that ~here were about three cities and two other agencies that did not select Option A. He reported that an evaluation was made of the cost of litigation for cities having a deposit. under $3 million, like Seal Beach, and even if the litigation were successful there would be a net loss to those cities, where under option A the City will receive approximately eighty-nine percent on each dollar, a secured nine cents a short time,later, the most to be gained under Option B'would be litigation on the repayment claim that will become a claim against the County and the bankruptcy, Seal Beach is already getting that by virtue of the issuance of a repayment claim, therefore the only issue that is felt could be a successful gain through litigation would be a possible higher position for payment of the repayment claims. In response to Council, the Manager explained that the $1,573,902 is the cash value of the original $2.1 million investment, or seventy-seven percent, the $600,000 already withdrawn is a portion of that, the $75,000 in recovery notes will have an interest yield, a par value, may be sold or retained, any settlements of litigation must go towards payment of the secured claims, and discussions with regard to that are under way. He noted that the time frame of the repayment claim will depend upon the settlement of the County bankruptcy, the repayment claim shifts to a claim against the County rather than the Pool, the Pool obligated to generate the eighty-nine percent, the eleven percent will involve the county, the county bankruptcy will involve restruct~ring, may include the sale of assets, additional revenues over time, and the repayment claims must be paid prior to the County incurring new debt. PROCLAMATIONS Mayor Brown proclaimed April 30, 1995 as "Domestic Abuse Awareness Day." 4-24-95 The Mayor proclaimed May 8th through May 13th, 1995 as "Letter Carrier's Food Drive Week." May 8th, 1995 was proclaimed as "V-E Day" by Mayor Brown. STATUS REPORT - PIER RECONSTRUCTION PROJECT The City Manager announced that the pier was closed for the '1- reconstruction project as of this morning, the shipment of timbers has arrived, the contractor is on-site, and the pier will remain closed during the reconstruction through Friday evening, May 12th, anticipated to reopen on May 13th. With regard to tram service, the Manager reported that contact has been made with various tram manufacturers and effort is being made to have a proposal before the Council at the first meeting in May, the tram will provide pier transport however will not be street operable, will also afford compliance with the Disabilities Act. ORAL COMMUNICATIONS There were no Oral Communications. COUNCIL REPORTS Councilmember Hastings relayed a suggestion that there be signage placed in the vicinity of the Studebaker Road stub street and Marina Drive specifically when the Marina Drive bridge is closed for special events being held in the city, the 10K Run an example. She also inquired if contact has been made with the representative from the State Department of Boating and Waterways with whom she and Mr. Whittenberg spoke at a recent meeting at the Weapons Station, citing that agency as the City'S only hope for sand replenishment assistance. The Manager advised that contact had been made some two to three weeks ago, I and at their request, additional information is being compiled with the assistance of Moffat , Nichol for submittal to that agency for further evaluation by them as to whether this would be an acceptable, qualifying project. Councilmember Hastings inquired as to the status of sand sampling from the Alamitos Bay entry, the opportunity to obtain additional sand, and if testing of the ocean waters is being done. The Manager said the sand sampling was scheduled, it is uncertain if that schedule was met or if the test results of the compatibility of that sand is being awaited; the tiMe frame to obtain additional sand from the source of last year will likely be from about April 15th through November or December, that the FEMA review team has been here, information and expenses to date has been shared with them, Moffat , Nichol has done underwater surveying to determine the relocation of the sand that was brought in before the storms, that information has been forwarded to FEMA as well, there is an additional narrative being prepared to one issue raised by FEMA, then within a two to three week period it is hoped that FEMA will conclude their review and respond back as quickly as they indicated they would, thereafter it will be known whether there will be any sharing of cost by FEMA for additional sand. With regard to water testing, the Manager advised that the County Health Department is continuing that service, discussions have been held with the City of Long Beach for such testing, the I results of which have been submitted to the office of the Long Beach City Manager. Councilmember Hastings asked if parking will be provided at Rockwell for the antique car show. Staff response was that parking and a shuttle service will. be in conjunction with the volleyball tournament and available for the car show. Councilman Doane noted that the V-E Day recognition falls on the May 8th Council meeting and suggested that perhaps the Seal Beach and/or Leisure World Veterans groups could be present for presentation of the proclamation. Councilmember Hastings asked that the Naval Weapons Station Color Guard and any other interested veterans be invited as well. Councilman I I I 4-24-95 Doane reported having received complaints. from business organizations regarding the scheduling of three major events on the upcoming weekend, the car show, the volleyball tournament and the Health Fair at Rossmoor Center. The Mayor noted that' the Coordinating Council schedules such events, however as to the Health Fair, the Red Cross simply assigns a date for that event. Councilmember Forsythe agreed that the Coordinating coun~i~ does schedule multi-events frequently and reported rece1v1ng complaints to that from businesses, community organizations, school groups, etc., to which she offered that such scheduling does not promote the success of any event. She mentioned a news article this date that reported, according to CalTrans, the city of Seal Beach enthusiastically embraced the ISTEA project, a $4 billion artistic improvement to the highway systems in Orange County, to which she stated emphatically that Seal Beach did not endorse that project, rather a letter was transmitted in opposition to the project and suggested that the $4 billion would be better used for education or other worthwhile programs. Councilmember Forsythe requested that the City's letter be forwarded to CalTrans for their information. Mayor Brown reported receiving a communication from Congressman Rohrabacher indicating his strong opposition to that project. Councilmember Forsythe mentioned a recent situation where a resident was walking ~er dog, stopped to view the scenery at Eisenhower park, and shortly thereafter was issued a citation for having the dog in the Park, the citation required a mandatory court appearance, and in an effort to relocate from the court the dog owner pled guilty and paid a $78 fine. She asked if this is the City's policy or is it a County means of raising revenues. The City Manager acknowledged that the city's ordinance prOhibits ~~e walking of dogs in parks, violation is subject to citation, and in this case the citation has been reviewed however needs further clarification. With reference to the Business Association sidewalk sale held on Saturday, Councilmember Forsythe reported that the Orange County Health Department informed certain merchants that they were not allowed to display their food items in front of their stores on the sidewalk area unless a $32, per event, permit was obtained, an example of which was a display of pre-packaged cotton candy from inside the merchant's store, to which she.inquired if this is a permissible action of the Health Department, and objected to the $32 per event, rather than annual, fee. The Manager advised that the State did adopt new laws and guidelines effective January, 1994, and Seal Beach is required to comply with the County guidelines in the absence of a city health officer, and offered to follow up on this matter, research what latitude the Health Department does have, their criteria and conditions relative to permits and inspections, and at the least share that information with the Main Street merchants, adding that to change the guidelines is not within the jurisdiction of the city. Councilman Laszlo reported that the preliminary federal base closure list has been submitted, neither the Seal Beach Naval Weapons station nor the Armed Forces Reserve Center was on that list, however the Long Beach shipyard was. He noted that the Seal Beach Base Closure Committee has been working with the Long Beach group to have the shipyard taken off the list, also, the orange County Division of the League adopted a resolution in support of the Long Beach shipyard. He requested public support for retaining the shipyard, announced that the final closure list is due approximately May 17th and by then it is hoped none of the three facilities are listed for closure. Mayor Brown reminded all of the upcoming Pancake Breakfast to be held next Saturday. The Mayor reported that the County will be closing six to seven libraries throughout the County, the Leisure World branch being one of those, and in response to that action the Golden Rain Foundation has been negotiating with supervisor Silva for the purchase of the library. He noted that the 4-24-95 I 5-8-95 preference of the County had been that the facility be open to the public for a specified number of years, Golden Rain countered that that could be done only if the County assumed the liability, which the County was not willing to do nor were they prepared to reimburse Golden Rain for books that are not returned. He said if the County accept~ the offer to purchase, which should be known within a few days, the library would then 1- become part of and operated by Leisure World, run more in the manner of a lending library, also, an effort is under way to develop a reasonably easy means of transferring reading materials into the library from other such facilities. On behalf of Leisure World, councilman Doane complimented Mayor Brown and the members of the Friends of the Library for their efforts to secure the Leisure World library. Members of the Council welcomed and encouraged the patronage of new businesses in town, the Main street Yogurt, the Gourmet Chocolate and Gift Basket Shop, the Guardian Angel located behind the nursery, the Daily Grind in the Seal Beach Center, the Blue Mountain Bagel company in the Rossmoor Center, and noted that the reconstruction of the Red Lobster restaurant is progressing. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn until Monday, May 8th at 6:15 p.m. By unanimous consent, the meeting was a~~ed at 8:16 p.m. of the CJ. Ci I Attest: Seal Beach, California May 8, 1995 The regular adjourned meeting of the Seal Beach city Council scheduled for 6:15 p.m. this date was cancelled as there were no ~~8::~~cb~" for "8cu88'on. C7t C erk ~ U I