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HomeMy WebLinkAboutCC Min 1995-07-10 I I I 6-29-95 / 7-10-95 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. q~<~~u ~/C er 7-10-95 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: to I 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. I 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 I I I 7-10-95 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. 7-10-95 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. I 1. 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 I I I 7-10-95 . 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, 7-10-95 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. I I I 7-10-95 I 7-24-95 ~r\ ~/ /7 hi!L2~ ~ 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.