HomeMy WebLinkAboutCC Min 1995-07-10
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reading of Resolution Number 4387 was
waived.
F.
Adopted Resolution Number 4388 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, AWARDING THE
CONTRACT FOR THE CONSTRUCTION OF CERTAIN
PUBLIC WORKS OF IMPROVEMENT IN A SPECIAL
ASSESSMENT DISTRICT" (Elser Constructors,
Inc.). By unanimous consent, full reading
of Resolution Number 4388 was waived.
AYES:
NOES:
ABSENT:
Brown, Forsythe, Hastings
None
Doane, Laszlo
Motion carried
COUNCIL REPORTS
There were no Council Reports.
CITY MANAGER REPORTS
There were no City Manager Reports.
ORAL COMMUNICATIONS
There were no Oral Communications.
ADJOURNMENT
It was the order of the Chair, with consent of the Council, to
adjourn the meeting until Monday, July 10th at 6:15 p.m. to meet
in Closed Session if deemed necessary. By unanimous consent,
the meeting was adjourned at 6:36 p.m.
Approved:
the
Clerk and ex-of
of Seal Beach
Attest:
Seal Beach, California
July 10, 1995
The regular adjourned City council meeting scheduled for 6:15
this date was cancelled due to the lack of Closed Session items
requiring discussion.
DATED THIS 11th day of July, 1995.
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Seal Beach, California
July 10, 1995
The City Council of the City of Seal Beach met in regular
session at 7:00 p.m. with Mayor Hastings calling the meeting
order with the Salute. to the Flag.
ROLL CALL
Present:
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Mayor Hastings
councilmembers Brown, Doane, Forsythe, Laszlo
Absent:
None
Also present:
Mr. Shelver, Interim city Manager
Mr. Barrow, City Attorney
Mr. whittenberg, Director of Development
Services
Mr. Jue, City Engineer
Mrs. Stoddard, Director of Administrative
Services
Mrs. Yeo, city Clerk
APPROVAL OF AGENDA
The City Attorney advised that staff has requested that the
agenda be amended to consider an additional item, a response
letter to permit application 95-00310-FT for the Cerritos
Channel dredging project as proposed by the City of Long Beach,
this item having been received after the posting of the agenda
and requiring a response by July 14th. Brown moved, second by
Doane, to include this item as agenda item "L" under City
Manager Reports.
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AYES:
NOES:
Brown, Doane, Forsythe, Hastings, Laszlo
None Motion carried
Councilman Laszlo requested that Item "J" be removed from the
Consent Calendar. Brown moved, second by Laszlo, to approve the
agenda as revised.
AYES:
NOES:
Brown, Doane, Forsythe, Hastings, Laszlo
None Motion carried
ORAL COMMUNICATIONS
Mayor Hastings declared Oral Communications open. Mr. Ed
Simmons, 17th Street, recalled having expressed his concerns to
the Council in recent past regarding the impact of the groin on
the cleanliness of the ocean, to which he said nothing has been
done to correct the problem. He requested that an item be
placed on an upcoming agenda to discuss the seawall and the
quality of the water, with advance notice to the public to seek
their input. Making reference to studies that have been done by
Moffat & Nichol and Army corps, Mr. Simmons posed three
questions to which he requested a response, 1) does the seawall
cause considerable contamination on the north side of the beach; I
2) was the seawall the major cause of the pier destruction
between the lifeguard station and the beach in 1983; and 3)
stating that the water was quite clean when the seawall was
built in 1960 or 1961, asked for an explanation as to how much
business and how many more people live next to the Los Alamitos
Channel that empties into Seal Beach than in 1960, suggesting
the number is considerable. He once again stated that there are
a number of residents and City employees who have considerable
knowledge about the beach, that the initial Moffat & Nichol
study dealt with beach erosion, this issue is in regard to dirty
water, again aSking that this matter be agendized to allow
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citizens, as well as members of the Surfrider Foundation,
Lifeguard Department, and Scripps Institute to be heard, all of
which have done studies over the years.
A suggestion was made that a Council sub-committee be formed to
receive input and review the concerns expressed towards some
resolution. There was acknowledgement of the Moffat & Nichol
studies and reports however noted that no report has been seen
from Scripps Institute and should such scientific report exist,
copies should be made available to the city.
COUNCIL ITEMS
APPOINTMENTS - BOARDS/COMMISSIONS
Environmental Oualitv Control Board
Councilman Brown requested that the District Two appointment to
the Environmental Quality Control Board be held over, and
invited any District Two resident having an interest in serving
on this Board to contact him.
proiect Area Committee
Mayor Hastings requested that the District One appointment of a
business representative to the Project Area Committee be held
over.
CONSENT CALENDAR - ITEMS "B thru "J"
Brown moved, second by Doane, to approve the recommended action
for items on the Consent Calendar as presented, except Item "J",
removed by Councilman Laszlo for separate consideration.
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.
C. Adopted Resolution Number 4394 entitled
"CITY COUNCIL OF THE CITY OF SEAL BEACH
RESOLUTION TO GRANT ONE TO FOUR YEARS
ADDITIONAL SERVICE CREDIT." (PERS). By
unanimous consent, full reading of
Resolution Number 4394 was waived.
Adopted Resolution Number 4395 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, PROVIDING
AUTHORIZATION TO SIGN DEMANDS AND CHECKS
FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT
WITH THE BANK OF AMERICA AND FIRST
INTERSTATE BANK, AND AUTHORIZING ALTERNATE
SIGNATURES, AND RESCINDING RESOLUTION
NUMBER 4381." By unanimous consent, full
reading of Resolution Number 4395 was waived.
Approved regular demands numbered 9361
through 9525 in the amount of $220,074.30
and payroll demands numbered 12329 through
12607 in the amount of $220,074.30, and
authorized warrants to be drawn on the
Treasury for same.
F. Received and filed the Annual Financial
Statements for fiscal year 1993/1994,
D.
E.
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G.
H.
AYES:
NOES:
City of Seal Beach Single Audit of
Federally Assisted Grant Programs.
Received and filed the status report
relating to air quality issues of the
South Coast Air Quality Management
District and directed that the report
be forwa~ded to the Planning Commission
and Environmental Quality Control Board
for information purposes.
Adopted Resolution Number 4396 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, ACKNOWLEDGING
THE RECEIPT AND FILING OF THE ANNUAL
STATEMENT OF INVESTMENT POLICY FOR THE
YEAR 1995/96." By unanimous consent, full
reading of Resolution Number 4396 was
waived.
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Received and filed the staff report
relating to Negative Declaration 95-1
(Revised) for the community Safety Office,
820 Ocean Avenue.
Brown, Doane, Forsythe, Hastings, Laszlo
None Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "J" - POTENTIAL PROPERTY TAX LOSS
For information of the public, Councilman Laszlo pointed out the I
potential loss of property tax revenue to the City of Seal Beach
if the reintroduced SB 10XX (Killea) is approved. SB 10XX would
establish a County Assistance Authority to oversee all budget
and financial affairs of Orange County and would have the
authority to redirect property taxes from cities, the impact on
Seal Beach could be $950,704 over the first four years. The
Manager offered that the diversion of property taxes is a
possibility however as of this time no new bill has been
introduced, noted that SB 10XX had initially been vetoed by the
Governor however at that time the bill included more than just
the property tax issue, and should new legislation be proposed
it would be the intent to express opposition prior to such
proposal reaching the Governor. A suggestion was made that
interested citizens write their concerns to the Governor. Brown
moved, second by Laszlo, to receive and file the informational
report on potential property tax loss under a State Trustee
proposal.
AYES:
NOES:
Brown, Doane, Forsythe, Hastings, Laszlo
None Motion carried
PUBLIC HEARING - STREET LIGHTING ASSESSMENT DISTRICT - 1995/1996
Mayor Hastings declared the public hearing open to consider the
proposed Street Lighting Assessment District for fiscal year I
1995/1996. The city Clerk certified that notice of the public
hearing had been advertised as required by' law, and reported no
communications received relating to this item. The City
Engineer presented the staff report, explained that adoption of
the proposed Resolution establishes the assessment for
1995/1996, the proposed assessment is unchanged from that of the
past two years. The City Attorney noted three language changes
to the ReSOlution, the fourth recital to read "subsequent to the
approval of the Engineer's Report by the City Council, the
Engineer has presented to the City Clerk and the City Clerk has
presented to the City council, certain proposed modifications to
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the Engineer's Report. Such modifications do not affect the
proposed assessment as set forth in the Engineer's Report as
originally filed;" a change to the last line of the sixth
paragraph to read "all other protests have been considered and
are hereby overruled;" and the words "as modified" have been
added to the seventh paragraph. There being no public comments,
Mayor Hastings declared the public hearing closed.
RESOLUTION NUMBER 4397 - STREET LIGHTING DISTRICT NO. 1 -
LEVYING ASSESSMENTS
Resolution Number 4397 was presented to Council entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
CONFIRMING THE DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS
FOR STREET LIGHTING DISTRICT NO.1 FOR FISCAL YEAR 1995/96." By
unanimous consent, full reading of Resolution Number 4397 was
waived. Brown moved, second by Doane, to adopt Resolution
Number 4397 as amended.
AYES:
NOES:
Brown, Doane, Forsythe, Hastings, Laszlo
None Motion carried
CITY MANAGER REPORTS
The Director of Development Services reported receipt of a
notice from the Army Corps for a permit application of the Port
of Long Beach proposing a dredging project for the creation of
an additional wharf area in the Port, the dredging project to
consist of approximately 300,000 cubic yards of underwater
material, the disposal of that material is presently proposed at
an off-shore Environmental Protection Agency approved site, to
which staff has prepared a letter requesting that prior to
making that determination that the material be tested for its
suitability for beach nourishment and if so, that a condition be
placed on the permit of the Port requiring that the material be
placed on the Seal Beach beach. He pointed out that comments
must be received by the Corps by July 14th, that date being
prior to the next Council meeting. The Director said it is
unknown at this time whether there would be any related costs to
the City, however placement on the City's beach would be a
closer location than the off-shore disposal site, the request is
that the Army Corps require the testing as a condition of the
Port permit, the results would then be reviewed by Moffat &
Nichol for a consistency determination, and should the Corp not
require the Port to test the material the City could then make
such request directly to the Port, and in that case the cost of
testing would likely be borne by the City. The Manager noted
that at this time the urgency is the letter directed to the
Corps, additionally the direction to staff could be to monitor
this project and report any options back to the Council for
evaluation of costs, etc. As to a time frame, the Director
reported the tentative schedule is to commence the project by
late 1995 or early 1996, and it is uncertain when the dredging
phase would start.
Brown moved, second by Hastings, to authorize the Mayor to sign
the response letter to the U. S. Army Corps of Engineers on
behalf of the City.
AYES:
NOES:
Brown, Doane, Forsythe, Hastings, Laszlo
None Motion carried
COUNCIL REPORTS
Councilman Brown reported his attendance this date at the
opening of the Post Office Branch Office in Leisure World, a
pleasant, well situated facility. He announced that the
previously canceled meeting to discuss issues relating to
flooding problems has been rescheduled for Tuesday, Auqust 8th
at 9:30 a.m. in the City Council Chambers, County personnel,
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representatives from the..N~yal Weapons Station, and city
personnel are expected to attend and all interested persons are
invited, this meeting specific to the downtown areas prone to
flooding however problems associated with flooding on the Hill
may be discussed as well. Councilmember Forsythe suggested an
update as to the status of new storm drains in the Cove areas of
the Hill, her understanding being that monies were to be I
budgeted for the replacement of those drains. Noting that the
purchase agreements for the Leisure World Library have now been
fully executed, Councilman Brown took pleasure in presenting a
check from Leisure World to the city of Seal Beach in the amount
of $35,000 for the library books, the County having agreed to
sell them for that amount as a result of the City's waiver of
the option to purchase provision in the original agreement for
the construction of the Leisure World Library. Councilman
Laszlo requested that an item be placed on the next agenda
relating to final actions of the Base Closure committee.
Councilmember Forsythe noted the interest of the Ports of Los
Angeles and Long Beach in the Bolsa Chica wetlands for
restoration purposes as mitigation for their harbor dredging
project, the response of the Koll Corporation was that they
could purchase the property, rather than acquiring that land
through dedication, in return for guaranteed State approval of
two thousand two hundred homes on the highlands, to which she
asked if Seal Beach could commence correspondence with the State
and federal regulatory agencies in support of the Ports pursuing
their proposal in that it is felt the restoration of those
wetlands is vital. Upon further discussion, the City Attorney
noted that the City's involvement in litigation with the Koll
Corporation poses some difficulties, inquired as to a deadline
for transmittal of the city's position, and suggested that the I
staff, rather than the Council, would have the authority to
prepare and forward a letter in support of the efforts of the
Port's. There appeared to be a Council consensus that staff
prepare a letter as suggested. Mayor Hastings reported that a
resident of Seal Beach recently took the time to walk the
Greenbelt and count the number of trees, thereafter called the
City offices to bring to attention that there are more trees on
the Greenbelt than the Specific Plan allows, to which she asked
that an item relating to the P. E. Right-of-Way Specific Plan be
placed on the next agenda for consideration of review. Mayor
Hastings also requested an agenda item to appoint two members of
the Council to meet with the Board of the Animal Care Center and
the City Manager to resolve problems associated with that
Center. Councilman Brown announced the official opening of the
Blue Mountain Bagel Company in the Rossmoor Center on Friday
evening. The Mayor also noted that the Bennett Coffee Shop has
opened in the 300 block of Main Street.
CITY MANAGER REPORTS
The city Manager said he had not obtained sufficient cost
estimate information to report back to the Council at this
meeting with regard to resurfacing the pier. Councilmember
Forsythe said she had been cautioned that should there be a fire
on the pier where there has been an asphalt overlay it is likely
the fire could not be put out, therefore it may be necessary to I
relook at a filler between the cracks of the planking.
ORAL COMMUNICATIONS
There were no Oral Communications.
ADJOURNMENT
It was the order of the Chair, with consent of the Council, to
adjourn the meeting until Monday, July 24th at 6:30 p.m. to meet
in Closed Session if deemed necessary. It was the consensus of
the Council to adjourn the meeting at 7:46 p.m.
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City~C erk and ex-off1C10 clerk of the
Ci~f Seal Beach :
Approved:
Attest:
Seal Beach, California
July 24, 1995
The city council of the city of Seal Beach met in regular
adjourned session at 6:30 p.m. with Mayor Hastings calling the
meeting to order with the Salute to the Flag.
ROLL CALL
Present:
Mayor Hastings
Councilmembers Doane, Laszlo
Absent:
Councilmembers Brown, Forsythe
Doane moved, second by Laszlo, to excuse the absence of
Councilmembers Brown and Forsythe from this meeting.
AYES:
NOES:
ABSENT:
Doane, Hastings, Laszlo
None
Brown, Forsythe
Motion carried
Also present: Mr. Shelver, Interim City Manager
Mr. Barrow, city Attorney
Mrs. Yeo, City Clerk
APPROVAL OF AGENDA
Doane moved, second by Laszlo, to approve the agenda as
presented.
AYES:
NOES:
ABSENT:
Doane, Hastings, Laszlo
None
Brown, Forsythe
Motion carried
ORAL COMMUNICATIONS
There were no Oral Communications.
CLOSED SESSION
The city Attorney announced that the Council would meet in
Closed Session pursuant to Government Code Section 54957 to
discuss the item identified on the agenda, status of the City
Manager selection process. The Council adjourned to Closed
Session at 6:33 p.m. and reconvened at 6:51 p.m. with Mayor
Hastings calling the meeting to order. The city Attorney
reported that the Council had discussed the item previously
identified, direction was given to the City Manager, and a brief
report will be provided during the regular meeting.