Loading...
HomeMy WebLinkAboutCC Min 2001-10-08 9-24-01 I 10-8-01 being a symbol of freedom around the world but a symbol of recovery of this Nation. He encouraged all to contin~e to fly the Nation's flag in the wake of the recent trag~dy, and expressed apprec{ation for the recent candlelight vigil on Main Street. Councilman Larson noted that while Cit~ Attorney of San Dimas that Council sought a nice flagpole until they received the bid ,of $35,000, there must be a less expensive means. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until October 8th at 6:30 p.m.lto meet in Closed Session. By unanimous consent, the meeting was adjourned at 9:37 p.m. Attest: Approved: I Seal Beach, California October 8, 2001 The regular adjourned meeting scheduled for 6:30 p.m. this date was canceled due to the lack of business items requiring attention. C . t)' Clerk and o~' the City of Seal Beach, California October 8, 2001 I The City Council of the City of Seal Beach met in regular session at 7:04 p.m. with Mayor Doane calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Doane Councilmembers Boyd, Campbell, Larson, Yost Absent: None -. 10-8-01 I Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Captain Schaefer, Police Department Mr. Dancs, Director of Public Works/City Engineer Mr. Cummins, Associate Planner Ms. Yeo, City Clerk APPROVAL OF AGENDA Councilmember Campbell asked that the agenda be amended to include an urgency item that will be discussed at the Orange County Regional Airport Authority meeting on Wednesday where the representative from Villa Park will be requesting approval of a resolution in support of the Alternate Airport Plan. The City Attorney said it is understood that this matter came to the attention of the Council after the posting of the agenda, and if it is the desire of the Council to add the item it will require a four-fifths vote. Campbell moved, second by Yost, to add this item as requested. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried The item was identified as B-3 on the agenda. I Larson moved, second by Boyd, to approve the order of the agenda as revised. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ANNOUNCEMENTS Councilman Yost mentioned that a recent edition of the local newspaper contained an aggressive article aimed at his reputation entitled 'Tax Revolt,' the letter and author are completely fictitious, the last name of the author was not found on any registry in the State of California. He noted that the newspaper has apologized and has agreed to run a letter of retraction in the upcoming edition. I Mayor Doane presented a Community Oriented Policing Award from the Orange County Human Relations Commission to Brian Kyle of O'Malley's for his volunteer work on St. Patrick's Day. Mayor Doane noted that Mr. Kyle has done a number of other things for the community, one example is when he remodeled his restaurant he went beyond what was necessary and upgraded the frontage sidewalk in accordance with future plans that the City hopes to follow for the remainder of Main Street sidewalks. PRESENTATIONS PROCLAMATION Mayor Doane read in full a Proclamation declaring llSeal Beach Historical and Cultural Society Monthll during November 2001. He noted that the Society has been dedicated to the preservation of local historical documents, ,memorabilia and buildings, as the vocal point for a collection of artifacts, they have restored and preserved a Pacific Electric Red Car from the Pacific Electric Red Line which began its operation 10-8-01 in 1906, Seal Beach as its most southerly destination. The Red Car opened as a museum in 1980 on the original P~cific Electric right-of-way at Main Street and Electric Av~nue. Ms. Laura Alioto, President, accepted the Proclamati6n on behalf of the Historical Society and mentioned that ~t will be displayed in the Red Car. PUBLIC COMMENTS Mayor Doane declared the Public Comment period open. Mr. Brian Kyle, Seal Beach, expressed appreciation for the Human Relations Commission Award. Mr. Kyle announced that Ion October 11th several restaurants in the community, Mahi, Old Town Cafe, Main Street Grill, Coaches, and O'Malley'S have registered in the State of New York to donate ten pericent of their proceeds in remembrance of the World Trade CenBer Restaurant and its seventy-six employees that were Idst on , September 11th. Mr. Kyle mentioned also that the McGaugh School Carnival is coming up, O'Malley's will be don~ting the hamburgers for that event, and requested that the public lend their support by attending the Carnival. Mr. Kyle e~pressed his support in favor of the Bella Forma Studio appea]. Ms. Kim Masoner, President of the Chamber and Business I Association, thanked the community for the efforts put forth this past Saturday for the riverbed cleanup, there w~re two hundred sixty-two volunteers including Councilman Yo~t and members of City staff. Ms. Masoner reported that th~ battle against trash in the riverbed is being won. Ms. Masoner expressed appreciation to two journalists who wrote ~tories relating to the cleanup, the host Lions and Leos forI providing food for the volunteers, sixty-five Boeing employees, and Mr. Ayres for building two thirty foot bridges to allow access to the riverbed, the City for a flatlbed truck and driver that was provided to haul away the debris including seventy-two grocery carts, a roll of carpet, computer and monitor,etc. She concluded that having a cleaner beach and ocean benefits everyone and they are making a difference. Mr. Reg Clewley, Seal Beach, Objected/to the approval of the agenda, said in the past members of the public were invited to make changes to the agenda, ciaimed that has been eliminated, now the public can not reqJest that items be removed from the Consent Calendar. Mr. Cle01ey criticized the Council on various subjects, advisinglof utility tax exemptions, allowing dogs in certain parks yet not in others, reporting the potential widening of the freeway and loss of homes, negotiation of seventy ho~es on the Hellman Ranch in exchange for twenty-five years of blight atop more than one hundred fifty acres of degraded wetlands before necessitating further hearings before the Coastal Commission, that it is alright for the Sanitation District to continue to discharge treated sewage improperly, thel allegations against the District One Council representative have been found to be more than unsubstantiated, thelDistrict Attorney will reach the same conclusion as he did with the fabricated charges by the former Manager against him~elf and others. Dr. David Rosenman, 8th Street, founding member of the Tree Committee, said he wished to comment on thelupcoming referendum, directed attention to the tree in front of O'Malleys, a voluntary tree saving, this has been done a couple of times in residential areas as well, and noted that a grant provided the trees that are now planted on Seal ,Beach Boulevard, that was at no taxpayer cost. Dr. Rosenm~n mentioned that a little more money is needed, which is going to be included in the tree trimming appropriation fot other trees that do not encroach sidewalks, sewers, etc. sb that alternatives can be used rather than removing a tree! mature I I I 10-8-01 I trees like the ficus have a value of $10,000 to $15,000, other trees are even more expensive, they should not be taken out. Dr. Rosenman mentioned that the Tree Committee has done considerable research to determine what grows where, as there are micro climates such as the Eisenhower Park area, as an example, there has been a replanting of trees along Central and Main, those trees will no longer be invading the sewer. Dr. Rosenman noted that there is language in the referendum to restrict the funds to just tree preservation and tree trimming, there will be a public hearing at some point to increase the fees, and urged public support. Mr. Greg Miller, Seal Beach Boulevard, read a letter prepared by his father, Walt Miller, who was not available to attend this meeting, the letter addressed the issue of transplanting four forty foot tall, fifty year old palm trees by the Recreation staff using their own equipment, moved, after the bike path was built, from the south end of Seal Beach Boulevard to the enlarged parkway in front of the new housing, too bad they were not transplanted before the bike path was built, there was no need to demolish the curb and gutter, no grading was needed, a saving of money, time and safety, there still would have been room to construct a twelve foot bike path next to the Navy fence and retain the same safe twenty-eight foot street as is Electric Avenue. There have been twenty dangerous and life threatening conditions created, there have been pictures and written notice that near misses have already occurred, the City has refused to acknowledge any communication, it is believed the Council and those responsible for the secret development of plans to construct Seal Beach Boulevard, using public funds, may be held criminally negligent in the performance of their duties, this is a matter of great public concern. The letter continued with regard to property value, is appears the plans narrowed the Boulevard to accommodate the twelve foot bike path, that can be expected to increase values on the Boulevard, logic does not support the plans, the bike path would have been safer for cyclists between the palm trees and the Navy fence than where it is, the Navy would have preferred the path next to the security fence and not landscaped, even grass next to the fence becomes a costly extra burden for City maintenance. The letter claimed that the proposal to rename Seal Beach Boulevard to Ocean Avenue was tabled because of the objection from their business association, it is now evident that earlier this year the City decided in secret session that the gateway Boulevard be a single family residential street which it now is, the City destroyed the mixed use commercial value of the properties by taking away safe and adequate parking for customers and visitors by creating over twenty hazardous conditiDns for passing traffic, as a result the property value pDtential for visitor serving retail and multi-tenant apartments has fallen several million dollars, large developers look for distressed areas, the Boulevard is a target. It was stated that his father has abandoned plans for a $700,000 development including a new bike shop and instead has asked the City for permission to make his property a parking lot for the existing bike shop, there has been no reply. He said the Council has been provided with a list of over twenty work orders prepared by the Seal Beach Boulevard Business Association that need to be implemented to eliminate what is perceived to be dangerous conditions created by the Boulevard reconstruction, that the City commit to the list by taking action on the first item, elimination of parking on the east side of the Boulevard by October 15th, then proceed as a public noticed matter on the remainder, it is hoped that serious injury or fatality does not occur, an I I 10-8-01 attempt to have a petition signing is hoped to gatherc further attention. Mr. Greg Miller noted again that the letBer was from his father, he would request another two minuteS to offer his views on other matters. I Ms. Sue Corbin, Seal Beach, spoke in support of the residents of Old Town, Councilman Boyd the only candidate in y~ars that has served the people and who tried to help them. She claimed that alley and sewer money has been spent wi~hout accountability, residents have been sold out time and again, the Council only has immunity while legislating, awaYr from the dais there is no immunity, fliers are being distrcibuted, they are witch hunts without facts. Mr. Victor Grgas, former Councilmember and Mayor, said he was shocked at hearing of the alleged conflict of interest of Councilman Boyd I concerning his business relationship with Mr. Hall during the sale of the Seal Beach Trailer Park, regardless of Councilman Boyd's assertion that he has no legal conflict, the facts presented in the official documents raise a serious question as to his fiduciary, ethical and legal responsibilities to the citizens of Seal Beach. He said it is astounding that the Councilman would seek out Mr. Hall to do business with shortly after this body justifiably rejected the exorbitant rent increase on the Trailer Park residents, that he/attend Council closed door sessions while the City and Park residents were trying to negotiate the purchase of tqe Park from Hall and while representing Hall in various dealings on other properties and trailer parks in both Orange and Los Angeles counties, the paper trail shows the connectibn of Boyd with several limited partnerships with Hall as general partner and Boyd listed as agent, the notion that be~ause he was not paid by Hall during the time that the sale of the Trailer Park was transacted is a disingenuous argument, during the time that the Park was being negotiated the councilman was on the inside yet concurrently working on behalf of Hall on the trailer park project in Castaic and a proposed apartment project in Anaheim, Boyd may not have been paid at the time but a statement was made that he woJld gain financially from the association, from at least an ethical standpoint the people of Seal Beach should have known, yet a statement was made that there was no conflict with anyone. I Ms. Beverly Pearce, Seal Beach, said local government matters very much, recent events have shown that people shouid not stay away from the meetings and all must particiPatelto assist the elected and chosen officials in doing the best they can and show the most integrity possible. Ms. Pearce noted that the amount paid to the members of the Council for their efforts may equate to possible fifty cents an hour, for meetings here, elsewhere, and other functions, and to her the most important departments are Police and Fire in light of the recent events, ,also the knowledge, authority andj integrity of the Council and City government. As a resident for a number of years she never thought of being on ~ committee or running for Council, however if there ate officials that do not know the rules then possibly e~eryone needs to participate more, explained that she has been an agent for developers, has worked on low/moderate income projects, served on Council committees, during her I experiences she has always been advised that whenever there isa doubt one must fully disclose, not just abstainl Ms. Pearce expressed concern with the personal abuse that the Council takes, comments of many are disrespectful and unappreciative, that may be what has put off her I participation over the years, there is a right and wrong way I I I 10-8-01 I to run a business, run the city, and if one has made a mistake admit it, then resign. Mr. Terry Barton, Ocean Avenue, stated that he was present on behalf of Laura Brecht, presenting her comments, directed to the Council and Councilman Boyd in particular. Mr. Barton read that his back is against the wall in a survival mode fighting for his political life, his mode is now to deny, the deliberate disregard to notify fellow Councilmembers, city officials, and the citizens on the conflict of interest questions moral, ethical, and business standards, there was a long term relationship with Mr. Hall, owner of the Seal Beach Trailer Park, initiated by the Councilman according to published news reports, you can not play both sides of the table. The statement continued that Ms. Brecht was part of a group of Seal Beach residents that have gathered information, pooled that information and forwarded same to the Orange County District Attorney, Grand Jury, the Fair Political Practices Commission, and other agencies to determine if any law or rules have been violated, it is certain the truth will prevail. A quote was made from a news article that this was clearly a conflict of interest, then said that the citizens did not want to preclude the Councilman from making a living yet personal gains seemed to get in the way, the residents will now and for many years have to pay more for the Trailer Park purchase and additional redevelopment money could have been put to other good uses due to this conflict of interest. To vote in any capacity on a City related issue for which one could have a financial gain or promise or future financial gain is considered a conflict of interest, if the City Attorney advised the Councilman that he did not have to disclose his working relationship with Mr. Hall then the question would be if the Attorney was given all of the facts, it is believed that is the case, now trying to deflect the blame where it is clearly on the Councilman's own shoulders, requested that the Council demand a resignation of the Councilman immediately, failure to do so would indicate they condone his actions, the lack of truthfulness will not be tolerated, also that the citizens should not have to pay for any legal expenses Councilman Boyd may incur now or in the future, he brought this onto himself, using his real estate skills under the guise of a Council representative, he did not represent the best interests of Seal Beach. Ms. Marilyn Hastings, Seal Beach, was granted permission by the Mayor to pose a question to the City Attorney, she asked if the City would indemnify the Councilman in any further legal actions. The City Attorney responded that the question was too general, it is not possible to predict the future, yet without revealing any confidential information he understands Councilman Boyd has his own attorney with whom he consults on these matters, and assured that the City has paid no money to his firm or other firm on behalf of the Councilman. I I Ms. Dorothy White, College Park East, claimed that sometimes it may appear that the public is attacking the Council yet often it is the opposite. Ms. White mentioned that the last time she attended a meeting she was interrupted by a member of the Council because the subject matter was not desirable, which they are not supposed to do, and when she persisted to talk she was asked if she would like to be removed. Ms. White r'=minded the Council that the people do not give up First ~nendment Constitutional rights to anyone, it has been said this issue arose because it is election time, this is the appropriate time, no one denies that there is a right to earn a living yet the prospects seem to have improved since joining the Council, no public official should see their 10-8-01 fortunes rise upon being elected, should the association with Mr. Hall have been revealed, yes it should, the factlthat it was said that it was not because it was thought it would hurt the upcoming election chances, that shows that it waS known to be wrong. Ms. Whyte claimed it is funny to hear the discussions relating to trees, while the talk is of planting, pruning, etc., the College Park East trees were tornldown, what she had intended to talk about at the last meeting was her Council representative, she does not represent College Park East rather every other district except Leisurelworld, the beautiful grove of eucalyptus trees were torn down with no objection from her representative, she claimed knowing nothing about the Bixby project yet a letter of July} 1996 to Bixby people indicated wanting to talk about the comciercial development, which her representative said she did not want. Ms. Whyte said her representative now claims she didlnot know about the widening of the 22 Freeway yet in 1996 it was brought up, in 1998 the OCTA said they were going tolwiden, also presented some alternatives, in May of that year a letter was sent indicating they were going to prepar~ an EIR, to that Mayor Brown forwarded a letter indicating th~t there were concerns given that CPE was adjacent to that fr~eway, her representative held no town all meetings nor didjthe Neighborhood Association, which is now a political group, for input from the residents. Ms. Whyte claimed again that her representative has done nothing for CPE yet has work~d on the Bolsa Chica~ Trailer Park, Hellman, etc. I Mr. Bill Ayres, Seal Beach, volunteer and President of the Seal Beach 10K Run, expressed his desire to speak tolwhat is going on, to Councilman Boyd he would give the advic~ to stay away from Mr. Hall, as far away as possible, his feeling is that Hall took advantage of him, being young and newjin the real estate business, he likely thought he could gain some political influence by dealing with the Councilman. IMr. Ayres expressed his view that no one should be incriminated by media reports, when he arrived he saw the ~erican Flag, this is still ~erica where no one is convicted without a trial through due process, newspapers misjudge facts/all the time, this should be allowed to play out and see what the decisions are, another opinion is that there are always issues that are politically influenced, for the other side of this election he would suggest there not be rejoicing at this point, his recollection is that the other side had alvery popular candidate yet the people of Old Town found out who his supporters were and he did not win election. Mrl Ayres said he felt that terrorism is on the minds of everyone, there is a minor form in Old Town, he does not like to find fliers on his doorstep where someone did not have the courage to identify themselves, that is a form of terrorism.j Mayor Doane denied the request of Mr. Greg Miller to address the Council a second time, pointing out that he had been allowed additional time to speak initially. I I It was the order of the Chair, with consent of the Council, to declare a recess at 8:04 p.m. The Council reconvened at 8:09 p.m. with Mayor Doane calling the meeting to order. Ms. Seretta Fielding, Seal Beach Boulevard, expresseb sadness to hear the extent of insults to the Council that has occurred at this meeting, to private members of society, she would have thought that with the recent occurrences in this Nation that people would have become a little more h~mble, there is a due process of law that needs to be respected, she would ask that there be some guidelines by this City Council I -, 10-8-01 I to address that a person has a right to their opinion, whatever it may be, a right to speak the opinion, but she would ask that there be some guidelines that there be some dignity in what is said, all should have learned that their neighbors are important, the City is important, and how we feel about each other, right or wrong, is important, there is a process of law that everyone will go though and all will be better off if that process is able to remain, she would ask that everyone look at oneself as to how another person is treated, treat them with respect until otherwise proven different. Ms. Elizabeth Kane, Seal Beach, mentioned that on Sunday morning she discovered a flier on her walkway, others residing in Old Town likely found the same flier, the first thing noticed was that there were no names of the sender or sendee, since then she has thought a lot about this flier, the senders of the flier are trying to convict Councilman Boyd in the media rather than giving him due process. She commented that it is understood that the proper authorities are investigating the situation, people with far better legal minds than hers or most in this room, and in due time whether the events alleged are something to be concerned about or not. Ms. Kane said the notice left on her doorstep did nothing to displace her appreciation for all of the valuable things that Councilman Boyd has done for the community during his,tenure and she has yet to see conclusive evidence that would suggest a reason for his resignation at this time. She offered her belief that the person or persons who left the flier on her doorstep have far too much spare time on their hands, she for one is becoming wary of people in the City who do not put there time and money where their mouths are, it is far easier to cast a stone than to pick one up, and she would not be remiss in assuming that any of these individuals were even re:motely involved this past weekend to clean up the riverbed, participated in the planting of valuable trees, spent time volunteering at the library, at the animal shelter, or any number of things that need the time of each person and true attention of caring citizens in this town, it seems they have so much time on their hands for unproductive activity and mud slinging, they might think about using their time for the betterment of this community instead of continuing to try to undermine and divide, her belief too is that the tactics that these people are using are not really different from those of the September 11th attack. By refusing to put ones name on the flier, not coming forward and taking responsibility for what was left on her doorstep, she has no one to address her questions and they are not taking responsibility for the acquisitions or actions, which leaves her questioning the legitimacy behind what they are trying to do, if they are so passionate, why are they hiding. Ms. Kan,e said she is a simple resident in the community, not a political person, but can state from a personal level since September 11th she has developed a sincere intolerance for this level of behavior in general all across the nation, it is a crime for all citizens to waste time on hateful activity, did we not learn a thing, she would suggest that while waiting for the appropriate officials to review and advise .on the findings of the allegations that this community pull its collective self together and put its energy towards more important issues, already over one hour has been spent speakin9 about something that can not be resolved tonight instead of talking about things that can. Ms. Kane suggested that those involved with the fliers find a positive way to channel their energy in a way that will benefit the community, and there are many people in the community that will help find those positive ways. I I 10-8-01 Mr. William Lansdale, nine year Seal Beach resident, said he has watched,the politics in this cute, charming City that goes on all kinds of ways, it is true what they say about living in a small city that one should watch what th~y do because everyone knows what goes on, his belief is that is what is happening here, as the prior speaker said, p~ople should make better use of their good time rather thart trying to hunt someone down. Mr. Lansdale said all he has heard from the negative side are innuendoes, hearsay, in f~ct during the recess he asked that the City Attorney sp~ak up and tell everyone what Councilman Boyd had said. He!noted that these types of things are going to go on for the rest of this towns life, disagreements, etc., the Trailer Park thing has gone on for many years, people are speaking up artd telling how much money was made on the Trailer Park, Ifor the purpose of information the people who owned it, Mr. ~awson's widow, sold the Park to Mr. Hall for approximately $3 million, he resold it for $7 million, does anyone knqw what $3 million is worth in thirty years, which the payoff is for the Trailer Park, at eight percent interest, is thre~ times the amount or $9 million, Hall did not make any great windfall, or at all, so where does the idea that he ~ade a 1 lot of money or any money at all come from. Mr. Lan9dale reported trying to add a bathroom to his home a couple of years ago, commended Councilmember Campbell for her / assistance as well as Councilman Boyd who called himlback several times. Mr. Lansdale again requested that the City Attorney convey what the Councilman had said to him, that may allay a number of questions. I I Mr. Whitey Littlefield, Seal Beach, mentioned that his mother and sisters lived in the Trailer Park, he watched the Park going from not knowing where they were going to going to lease and then own the Trailer Park. During this time he has considered Councilman Boyd his friend and still does) he had a conversation with him in regards to Mr. Hall a numner of months ago, was assured by him, and he took the time/to check, he did not vote against it, he in fact voted in favor for three things that dealt with the Trailer Park, to get it appraised, to find an underwriter so that they couldlfind money to buy the Trailer Park, he could not recall w~at the third was. Mr. Littlefield noted the comments relating to what the newspapers have said, a lady reminded of due process, to him this reminds of an old vigilante co~ittee, some people may have good intentions, he does not believe that Ms. Brecht had good intentions when she startedlthis, if one goes back it will be found that she was the co-campaign chair for the gentleman who ran against Councilman Boyd, also the treasurer, it is likely there are Council persons involved in this too. Mr. Littlefield suggested that with what is going on in the Nation today people should p~t their actions and time to more positive things, if in facti Councilman Boyd did something wrong the District Attorney and Grand Jury will investigate it. Mr. Mark Lupesco, Seal Beach, said there have not been enough thank yous he~rd at this meeting, to which he thanked the Council for I contributing to the City with all that they do, volunteering time at beach and riverbed cleanups is a good example, the efforts are vastly underpaid, not enough people come/to say thank you. Mr. Lupesco said he owns a business, has always been told that when two people agree there is someth~ng wrong, there will always be disagreement but it can be handled in a positive and constructive manner. To the issue that has received considerable comment, Mr. Lupesco said he would not say that he is a good friend of Councilman Boyd, he I 10-8-01 I would say nothing until he learns the objective facts, he will read all possible, then when the legal people come back and say he did something wrong he and Councilman Boyd will have a face to face conversation. Mr. Gene Vesley, Seal Beach Trailer Park, said he was not certain whether there was any impropriety involved in what has been discussed, and offered that he belongs to an organization that believes people should place principals above personalities, there have been a number of affronts to Councilman Boyd and that is not appropriate in and of itself. Mr. Vesley noted that a couple of years ago, while in negotiations for the Park, he was a member of the Board, and on a visit to the office of the City Clerk Councilman Boyd was also present who expressed his excitement in that he believed he had found a way to obtain an additional $1 million to put towards the purchase of the Trailer Park, which he felt Mr. Hall would accept. Mr. Vesley said when he read the article in the newspaper of Councilman Boyd having either been on the payroll or working with Mr.' Hall he was aghast, hurt, felt it was conflict of interest, said he hoped that was not the case, rather an innocent misjudgment of dealings, but it will put the Councilman in the position of being an opportunist, using circumstances for ones own benefit, simply put the residents of the Park felt that Richard Hall was a bad name. Mr. Paul Jeffers, Trailer Park resident since 1975 said before the Park was redeveloped, people wrote Covenants, Participation Agreements, he was pleased with the outcome for a number of years, there was to be rent control, a'cost of living, for sixty-six years, he was told time and again that the Covenants would be good until the year 2044. Then came Mr. Hall, the residents heard all of the things he was going to do to them, the people were told that the residents would own the Park, now he continually has to tell people it was Linc Housing that bought the Park not the residents, the people want something in writing so that this same thing will not happen again, something that says the residents will own the Park when the $9 million is paid, requested that the Council help to get something in writing now, the residents were also promised long term leases so that if someone wanted to sell they could get a loan yet Linc is now backing down on that. Mr. Jeffers requested that the next time there is an election in the Trailer Park that the local politicians stay out of it, it causes conflict between neighbors. Mr. Mike Barry, Trailer Park, mentioned that he sits on the Board of Directors for the Trailer Park, compared his position on that Board with that of the Council, one word comes to mind, that is service, thanked the Council for their service, said they do not get paid enough for the service they provide or time they give, the Trailer Park purchase would not have happened without this Council. I I Mr. Frank Boychuck, Trailer Park, stated he would not address the issues in regard to Councilman Boyd, he would leave that to the proper authorities. Mr. Boychuck explained that the method 'with which the Park was purchased, through a non- profit, was the only Park in the State of California at the time that was allowed to purchase the Park using the non- profit method and still participate in the ownership program at the end of the term of the bonds. Mr. Boychuck disagreed with th,e comments made with regard to false promises having been made, said that is not true, the residents have an opportunity to take control of the Park once the bonds are paid off, and contrary to statements made it is in writing, a legal d.ocument, signed by Linc Housing that stipulates that the Park will turn over to the residents, if that'is what 10-8-01 they want at the time the bonds are paid off, this a wonderful deal for the residents, not only will they be able to take control of their own destiny but they will also be able to participate in rental subsidies that have been offered by the Redevelopment Agency, he would like t9 know what other cities are doing that, under the system of Richard Hall that was never allowed, there are some in the p~rk that make less that $5,000 a year who are either senior citizens or disabilitied people who need to have their rent sJbsidized in order to live in Seal Beach with dignity. Contrary to the I comments that have been made, the facts are real, are documented. Mr. Boychuck explained that when Richar~ Hall owned the Park no one was allowed to buy or sell their units, I people were not only told they could not sell but that he owned their unit, he noted also that a resident of the Park had invested over $180,000 to build his home and then a representative of Mr. Hall claimed that he owned thelhome, it was on his land and the resident had no equity in the property, that had to be changed and it has been under the best program that the State recognizes, now the value of the home has tripled, also, under the new ownership the sale of homes is allowed, escrows have gone through, new people have moved in. Mr. Boychuck said there is much misrepresentation and falsehoods going around, people can come to Coun~il and say anything they choose, insults, etc. he totally disagrees with that, people should not be allowed to make a mockery of the system. He noted also that the lease situation has basically been ratified yet there are some people inlthe Park that want ground leases, want to own their home site, yet whatever is done with the Park will not be known forjthirty years, whether it will be split into lots or whatever at that time depending on the tax exempt status. Mr. Boychuck stated there are about eight to ten people in the Park thatlhave been against everything that has been done, Councilman Yost has suggested many times to compliment those persons who worked so hard to get this task done. I I Ms. Rita Brenner, Trailer Park, asked if Councilman Boyd, as alleged, is found to be guilty of participating in alcertain act and if there were others who knew about it would those people have a conflict and be indicted as well. With regard to the purchase of the Park Ms. Brenner said there were things going on that were not matter of fact, all people did not agree with, some things were misquoted, misrepre~ented, some things were presented only by those few who worked on the purchase, others were not allowed to participate! in open meetings, there are other Parks in the State that have been purchased however the way this went through is strange. As a previous speaker said, the residents were not told the truth, the residents do not own it, why would someone not w~nt a ground lease, the people already own their homes. With regard to loans the rate of interest goes down in accordance with the age of the structure, in her opinion thingsjshould be told to the residents, requested assistance to get things straightened out, stating the people have no control in the Park and when brought up things are twisted. I Mr. Glen Clark, Trailer Park, advised the Council that he was recently elected President of the Park Association, ~xpressed appreciation on behalf of himself and the people living in the Park for everything the Council has done for thejTrailer Park over the past few years, without that help the residents would likely be living elsewhere. He mentioned that!they are presently working to obtain a lease as far as the thirty-four year situation is concerned, it is believed that has been 10-8-01 I laid to rest, he does not believe that a ground lease will come about because it would entail, from the information he has, some type of subdivision of the Park, however there will be lot leases available and the option of thirty-four years. Mr. Clark again extended thanks to the Council and City staff. There being no further comments, Mayor Doane declared Public Comments to be closed. Councilman Boyd advised that after conferring with the City Attorney he wanted to state that his wife is an employee of the Boeing Company, he will not be voting on anything pertaining to the Boeing Company project, will not be participating in Closed Sessions or any Council discussion. COUNCIL ITEMS I CITIZEN ADVISORY COMMITTEE - BOEING SITE Councilman Yost mentioned that the Boeing Company has some excess land, some assets that they would like to realize, they have been undergoing a process of looking at that, initially they planned to develop some of the land that had a zoning designation of Light Industrial/Manufacturing, they have the right to do that, staff worked with Boeing on a plan that was thought to be beneficial for Boeing and a relatively minimal impact on the benefits the City would get, unfortunately Boeing felt that w,as something they could not do because of drainage ditches, power lines, etc., they have had discussions with staff about looking at the property as a whole,make changes to the General Plan and consider other uses of the property such as residential, retail, and possibly a park. Councilman Yost said whenever there has been a General Plan change on a large piece of property, this being well over one hundred acres, it is desirous to make certain that the public is involved and knows what is going on, traditionally that has happened by means of a citizen advisory committee, his recommendation is that the Planning Commission sit as a citizens advisory body in a study session format in that his belief is that all districts should have some input into what happens to the General Plan, and invite public comments. Mayor Doane agreed that utilizing the Planning Commission would be good as they are familiar with land use. In fairness to Boeing Mayor Doane read a letter from the Boeing Company noting that the Citizen Advisory Committee issue was scheduled for discussion at this meeting with regard to the development of the Boeing space and communication site, project name Pacific Gateway, which stated that inasmuch as 'the Boeing Realty Corporation is still evaluating the various development options and conducting feasibility studies, it would be appreciated if the City Council would forego its vote on this matter, on behalf of the Boeing Company they value and respect the public planning process and look forward to working with the City of Seal Beach and the community in regard to this project.' Noting that the Council has met individually with Boeing, and Councilman Yost is scheduled to meet with them the following day, Mayor Doane asked if it would be acceptable to postpone action on this item until the next meeting. Councilman Yost indicated he would not have a problem doing that, he just wants assurance that the public is aware that there are major changes that may be forthcoming for that piece of property. Councilman Boyd stated for the record that he had not met with Boeing. Councilman Larson said he appreciates the idea, yet there are a number of people in this town that do not like anything connected with government, the Planning Commission is connected with I 10-8-01 government and he would not want them to think this is just another City department doing this as distinguished ~rom interested residents of the districts, also the commission , would then be meeting with Boeing on a project that they will eventually be holding a hearing on. Councilman YOstlSaid he too had thought of some of those issues, also that a citizens committee does not always have a thorough understanding of City planning, which makes it difficult, difficult aiso to obtain equal representation from all of the districts, it becomes another layer of government which he would ptefer to not create, and concurred with the suggestion to hold this over until the next meeting. The Mayor noted that Boeing would be bringing their plans and suggestions to thelplanning Commission, a public body, and the meetings are televised. I Mr. Phil Cyburt, President of Boeing Realty Corporation, stated he would like to show the commitment on the part of the Boeing Company to transform this project into a good development that fits the community. He noted that this is something the Boeing Company, one of the largest pri~ate owners of real estate in California as a corporation} also the State of Washington and other states that they I manufacture and operate in, so they deal with considerable real estate, it is not a core business, however given the wake and size of the corporation they are in the reai estate business by necessity, they buy and sell and lease real estate and develop some of their surplus properties. I Mr. Cyburt mentioned too that the communities in which they operate are also a high priority, there are three thousand employees in Seal Beach therefore anything that is developed on the property is felt to impact the employee base,jBoeing will feel the legacy of the development going for~ard, this is the headquarters for Boeing Space and Communications, it is a commitment to go through the development proces~ and entitlements to make certain they work for the City,lthe community, and the shareholders of the Boeing Company. Mr. Cyburt stated that Boeing embraces input from the public, the Council, the Planning Commission, and staff, there is a process for doing that called CEQA, they want to work hand in hand on trying to address community issues yet not circumvent the process. I I Yost moved, second by Doane, to continue the next meeting. AYES: NOES: ABSTAIN: Campbell, Doane, Larson, None Boyd this I I Yost I , I Motion carried matter until I I APPOINTMENT - CITIZENS PARTICIPATION COMM'ITTEE _ DISTRICT FOUR I Councilmember Campbell stated she did noti have an appointment at this time, her understanding is that this Committee will be taking action on a two year cycle, whi~h will be next year and she will make an appointment at that time. , I ORANGE COUNTY REGIONAL AIRPORT AUTHORITY Councilmember Campbell noted again that a~ the Orange County Regional Airport Authority this coming Wednesday Councilman McGowan of Villa Park will be requesting approval ofla resolution, to that she is seeking suppor~ of the Council before voting. Councilmember Campbell stated she petsonally supports the Alternative Airport Plan which basically realigns the runways at El Toro, instead of planes coming in over Dana Point and land facing north, they would co~e in 10-8-01 I from the north over Loma Ridge towards the south, by landing that way they do not come in over any development, also instead of aircraft departing over Lorna Ridge or to the east over Irvine and Orange they would take off to the southwest towards the Newport coast which is also currently not developed and although the Newport coast is scheduled for development it is projected that by the time aircraft reach that area they will have an altitude of about 6,000 to 7,000 feet therefore the planes will not be heard, the New Millenium Group has developed this plan which makes sense, taking off into the wind, not with the wind. She noted this is important too in that it has been found that the wind studies at El Toro were not conducted at the proper altitude, that could be the fatal flaw for the County plan, and read an except from the resolution proposed for consideration. I Mayor Doane recalled that there was a presentation to the Council regarding this plan a couple of months ago and asked if by supporting this resolution would it do away with the old airport plan. Councilmember Campbell stated again that this Plan makes sense, you do not have planes taking off over housing when there is all of this available open space, and reported news comments this date that announced that Los Angeles International has abandoned the plan to enlarge the airport, instead they are going to direct their funds to security measures, also, General Bloomer has written a letter to the Secretary of Transportation requesting that consideration be given to reopening EI Toro citing the greater need now than ever for an alternate site to Los Angeles International, if something were to happen at LAX that affects all of the Southern California participation in the Pacific Rim, not only is another airport needed but the ability also for the marines to use that airport in the event of a national emergency. Councilman Larson indicated that he would likely abstain in that when people are appointed to committees they have the ability to exercise their best judgment when they vote, they are representatives because there is such a mass of information to absorb. Mayor Doane said he would support the judgment of Councilmember Campbell. Councilman Boyd agreed with Councilman Larson, he has a difference of opinion in that he feels the County should be able to move forward and certify the current EIR which includes the "V" Plan as an alternative, his suggestion would be that Councilmember Campbell was appointed to OCRAA and should vote her conscience. Councilmember Campbell said she has done research, has been to the area, this would be the ideal way for planes to be taking off, the El Toro process has become political which is a shame because lost in this is an opportunity for the residents of this County, it is already an airport with a surrounding two thousand acres of undeveloped land, she noted too that Irvine wants people to use LAX and Ontario yet she does not want them using the 405 Freeway, she does not want that Freeway widened any more. The dir,ection from Council was for Councilmember Campbell to vote her conscience. I CONSENT CALENDAR - ITEMS "c" thru "I" Yost moved. second bv Bovd. to approve the recommended action for items on the Consent Calendar as presented. 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 after reading of the title unless specific request is made at that time for 10-8-01 AYES: NOES: I. D. the reading of such ordinance o~ resolution. I I Approved regular demands numbered 34696 through 34796 in the amount of $129,5361.71, payroll demands numbered 13621 through 13779 inl the amount! of $174,083.57, payroll liability ~ccount 9000693-702 in the amount of $73,255.70, anb authorized , I warrants to be drawn on the Tre'asury for same. 1 I Received and filed the Monthly !Investment Report for July, 2001. I Awarded Professional Services ~greement to MTSI, Inc. for the purpose of information technoiogy and consulting services for the peJiod of octo~er 15, 2001 through November 15, 2002" and authorized the I , City Manager to execute said agreement on behalf of the City pending City Attorney Ireview; andl Adopted Resolution 4938 entitle'd "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF: SEAL BEACHl AUTHORIZING INFORMATION INFRAS~RUCTURE AND CONSULTING SERVICES BUDGET AMENDMENT FOR THE 2001/2002 FISCAL YEAR." By unanimous consent, full reading of Resolution Number 49:38 was waived. Adopted Resolution 4939 entitle1d "A RESOLU~ION OF THE CITY COUNCIL OF THE CITY O~ SEAL BEACHI APPROVING THE DISADVANTAGED BUSINESS ENTERPRISE , , (DBE) PROGRAM AND OVERALL ANNUAL GOAL OF E[GHT PERCENT (8%) FOR FEDERAL FISCAD YEAR 2002, FOR ADOPTION AND SUBMISSION TO THE :CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)." By unanimous consent, full reading of Resolution Number 4938 was waived. I I Rejected all bids received on August 16, 2001 for the Anaheim Channel Debris :Removal, prbject I ' Number 49995, directed staff to forward a !etter to Caltrans requesting an incr~ase in project funding, authori?ed staff to spend up to $~,500 for additional project management and administration, I and I Adopted Resolution Number 4940 'entitled "A RESOLUTION OF THE CITY COUNCIL ,OF THE CITY OF SEAL BEACH AUTHORIZING ANAHEIM iCHANNEL DEB~IS REMOVAL PROJECT BUDGET AMENDMENT FOR THE 2001/ 2002 FISCAL YEAR." By unanimous consent, full reading of Resolution Number 49'40 was waived. I Adopted Resolution 4941 entitl~d "A RESOLUTION , , OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED JAS TO PLANS/AND SPECIFICATIONS FOR PROJECT #75r, SEAL BEACH SIGNAL , , SYSTEM UPGRADE ENTERED INTO BETWEEN INSPECTION ENGINEERING CONSTRUCTION AND THE I CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4941 was waived. I E. I F. G. I H. Boyd, Campbell, Doane, Larson, Yost None Motion carried 10-8-01 ,,6 It was the order of the Chair, with consent of the Council, to declare a recess at 9:08 p.m. ,The Council reconvened at 9:17 p.m. with Mayor Doane calling the meeting to order. I PRIMARY / SPECIAL ELECTIONS - MARCH 5. 2002 - ORDINANCE NUMBER 1479 / ODINANCE NUMBER 1480 / ORDINANCE NUMBER 1481 / RESOLUTION NUMBER 4942 / RESOLUTION NUMBER 4943 / RESOLUTION NUMBER 4944 / RESOLUTION NUMBER 4945 The City Attorney explained that with regard to proposed Charter ~endment F, a proposed change to the Civil Service System, it is necessary to meet and confer with the affected employee groups, a meeting had been planned for earlier this date however being columbus day a number of people were unavailable, therefore it is recommended that no action be taken on proposed Charter ~endment F, as set forth in Ordinance Number 1481, and Resolutions 4942 and 4944, pending an opportunity for staff to meet and confer, thereafter it may be presented to the Council on the Consent Calendar at the next meeting. The City Clerk presented a brief staff report. Boyd moved, second by Campbell to adopted Ordinance Number 1479 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, MOVING THE DATE OF THE 2002 PRIMARY MUNICIPAL ELECTION FROM THE LAST TUESDAY OF MARCH TO THE fIRST TUESDAY OF MARCH." By unanimous consent, full reading of Ordinance Number 1479 was waived. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried Boyd moved, second by Campbell, to adopted Ordinance Number 1480 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A PRIMARY ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 5TH, 2002, CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION ON SAID DATE, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1480 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried Boyd moved, second by Campbell, to adopted Ordinance Number 1481 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 5TH, 2002, CONSOLIDATED WITH THE STNrEWIDE PRIMARY ELECTION FOR THE PURPOSE OF SUBMISSION OF PROPOSED CHARTER AMENDMENTS." By unanimous consent, full reading of Ordinance Number 1481 was waived. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried Boyd moved, second by Campbell, to adopt - Resolution Number 4942 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A PRIMARY MUNICIPAL ELECTION AND A SPECIAL ELECTION TO BE HELD ON MARCH 5, 2002 WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE.ll 10-8-01 " Resolution Number 4943 entitled llA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING'REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THEIVOTERS AT THE PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5,2002, AND IF NECESSARY, AT THE GENERAL (RUN-OFF) , ELECTION ON MAY 14, 2002." Resolution Number 4944 'entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA SETTING , PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY CHARTER AMENDMENTS, AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSIS OF SAID MEASURES." I Resolution Number 4945 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY , MEASURES SUBMITTED AT THE MARCH 5TH, 2002 SPECIAL MUNICIPAL ELECTION." I By unanimous consent, full reading of Resolution Number 4942, Resolution Number 4943, Resolution Number 4944) and Resolution Number 4945 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I PUBLIC HEARING - APPEAL - CONDITIONAL USE PERMIT 01-10 - PERSONAL FITNESS STUDIO - 220 MAIN STREET (BELLA FORMAl Mayor Doane declared the public hearing open to consider the appeal of the Planning Commission denial of Conditional Use Permit Number 01-10 for a personal fitness studio l06ated at 220 Main Street. The City Clerk certified that noti6e of the public hearing had been advertised and mailed as reqJired by law, and reported receipt of one communication in support of the appeal from Jane LaMassey, owner of the property! The Director of Development Services presented the staff!report relating to this item, an appeal of the action of the Planning Commission relating to CUP 01-10, noted that the Commission held a public hearing on August 22nd, thel determination at that time was to deny the request, it was also the feeling of one Commissioner that this was aldecision that should be made by the City Council, staff was directed to prepare a resolution reflecting the denial, that 0as adopted on a four to one vote, the appeal was filed 0ithin the required period of time. The determination of the Planning Commission was that this project does meet two of the criteria for a CUP, that a CUP is permitted in the zone and that the use is compatible with the General Plan) there is then other specific criteria as to acceptability into the adjoining area and impact on adjoining land uses whi6h is the basis for the ultimate decision of the Council, thatlcan be based on public testimony and the record of information in the agenda packet. Councilman Boyd stated for the record that although he filed the appeal he has taken no position on this item therefore not prejudiced, the Commission requested that the Council determine if the proposed use is appropriate for Main Street. I Mayor Doane invited members of the audience wishing to speak to this item to come to the microphone and identify I themselves for the record. Ms. Judi Fabrizio, owner of Bella Forma, was duly sworn by the City Clerk. Ms. Fabrizio explained that she has a personal training studio that is unlike anything in Seal Beach currently, it is a pilate I I 10-8-01 I studio, workout is based on a form of rehabilitation, it does not involve weight lifting rather customized machinery, when she came to Seal Beach to open her business she had already been located at Simple Green, she is also a co-owner of Simple Green, she came here because she was raised in the small community of Laguna Beach and likes doing business in Seal Beach. Ms. Fabrizio stated she informed her landlady of her intent to open a fitness studio at which time she signed a lease which stated she would be opening a Pilates fitness studio, she proceeded to remodel the building, made application for a business license, at that time she was told by the City it was a formality and there would be no problem, she invested approximately $50,000 in the building, a personal expense to beautify the building to make it appropriate for the business that she wanted to conduct, a small percent of her business is retail which is fitness clothes mostly available for the convenience of her clients, in addition, her building has nine parking spaces at the rear therefore she encourages her clients and instructors to use those parking spaces rather than street parking, she maintains the street/sidewalk at her expense for the purpose of cleanliness due to a problem with the birds in the trees. Ms. Fabrizio offered that she has tried to do her part in the community, has had no complaints from her surrounding businesses, her clients also shop and lunch in Seal Beach, it is not an inexpensive workout, also requires a ground level location as some of her clients are unable to go upstairs, welcomed the Council to come and observe the environment that she provides, there is no loud music, it is somewhat misleading to say that she is a gymnasium or a fitness studio in that she does not have group activities to music. Ms. FabriziD noted that those present in the audience are instructors, her manager, and a business owner. Ms. Monica Pappas D'Vitt, Seal Beach, the owner of a Main Street business that employs about three hundred people nationally, stated she is a client of Bella Forma, she got there because she did this in Beverly Hills, it provides a unique form of exercise, it is an upscale, quiet place, it does not hold what a gymnasium would hold, it has a waterfall, is quiet, well decorated, unique, and from a health perspective and complimentary perspective of the other businesses in Seal Beach she would not like to see it have to compete with the merchants that are known to have a difficult time on Main Street, and spoke in support of the CUP. Ms. Stacey Walker, owner of Something Fine, stated that Bella Forma is a great neighbor, an asset to her business which makes her business better. Mr. Reg Clewley, Seal Beach, after brief comments suggesto:d that the appeal be sustained and allow this business to be established. Ms. Tracy Barber, Seal Beach, a teacher of Palate at Bella Forma, stated that she has a masters degree in physical therapy, there are several reasons why this should be approved, one is that she has several senior citizen clients that have had strokes that can not go to a second floor therefore it is appropriate that this business be located on the first floor, they do have retail, and they beautified Seal Beach with their facility. Ms. Barber requested approval. There being no further comments, Mayor Doane declared the public hearing closed. I I Councilman Yost said he thinks everyone likes to maintain the somewha't cherished Main Street and encourage resident serving businesses, and moved to sustain the appeal and overturn the action of the Planning commission. 10-8-01 Councilman Boyd seconded the motion, stated his belief that the Planning Commission sent this to the Council because it was an existing business and an uncertainty as to co~pliance with the Main Street Specific Plan, the Council is not accustomed to overturning the decisions of the planning Commission and that is not the case with this matter~ Mayor Doane noted that precedent has been set as there is a fitness center in the 300 block on the ground floor. Counci]member Campbell said her understanding is that the Commission denied this matter was because it was felt to possibly not b,e in keeping with the Main Street Specific Plan, and asked if it is necessary to make certain findings on this matter.! The City Attorney noted that several months ago the Planrting Commission determined that fitness centers were a permitted conditional use consistent with the Main Street specific Plan, the question was whether a first floor fitnesslcenter might be inconsistent with retail oriented businesses which was one of the goals and objectives of the Specific Plan, there is no need for findings, it appears that both the Commission and staff has been provided sufficient direction that even on the first floor it is consistent. Councilman Boyd stated however that he would not want to see a I proliferation of too many businesses of this kind, yet it is a resident serving business that meets the vision of Iwhat Main Street should be. The City Attorney clarified that what the Planning Commission determined a couple of months ago was that this would be a conditionally permitted use so they still have the opportunity to examine each application and determine if the use is appropriate, if it is felt there is a proliferation the application can be denied on a cas~ by case basis. I Vote on the motion to sustain the appeal: I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The City Manager reported that the beach is looking good, the sand movement process has filled it in, it should be complete in the next few days. COUNCIL COMMENTS Councilmember Campbell noted with interest that people come to the meetings, ask questions, and leave before they receive an answer, probably because they will not like the a~swer, they insult the Council yet never stay for the Council to respond. She mentioned that someone criticized her ~ecause she did not notify the residents of the intent of CaiTrans to widen the 22 Freeway, to which she responded that itjwas in her newsletter of July 1998, the people were notifie~. With regard to the Trailer Park, Councilman Yost announced that there will be an informal town hall meeting in the Trailer Park meeting room on October 18th at 6:00 p.m., and extended an invitation to Councilman Boyd to attend at the request of the Park residents. Councilman Yost stated that he is and has always been for lowering the utility users tax, in order to maintain the public trust that has to be done as 0as promised, he is for the street sweeping measure, thelmore trash that is off the streets the less that ends up in the storm drain and ultimately the River, thanked the many people who volunteered to clean up the River, to him it see~ed that I ,'j. 10-8-01 I there was less trash than last year, it is definitely a marathon effort and not a sprint but it makes one feel good. Councilman Yost requested that an item be agendized for next meeting relating to the Naval Weapons Station, similar to the Los Alamitos item to keep the AFRC open, also, passed on a request of Mr. Latta as to the possibility of providing an ~erican flag at the library. Councilman Boyd noted that he serves on both the Orange County Fire Authority and the Sanitation District which takes a large amount of time, also serves on the Harbors, Beaches and Parks Commission as a League of Cities appointee, their meetings are in Newport on the first Thursday of the month with which he has a conflict of meetings, he has determined to submit his resignation from the Harbors, Beaches and Parks Commission on November 8th, the position is open to any coastal city member, however he would like to see Seal Beach retain that position. Councilman Yost offered to submit a letter of interest in the Commission position. Councilman Larson expressed appreciation to the Public Works Director for his report on the Capital Improvement Program in the City, the projects are one page each, one can locate a particular project, identify the funding source, it is an eye opener to see how many projects have been done and to be done. Councilmember Campbell inquired as to when the Lampson Avenue wall will bid. The response of the Public Works Director was that it will be the end of October, work to be done in November and December. Mayor Doane noted the comment of Councilman Yost comparing the lesser amount of debris from the River cleanup from last year to this year, he would ask for a guess as to what is causing that, is there better cooperation from cities upstream. Councilman Yost said he would hope so, there has been a tremendous publicity blitz, some of the fines levied as a result of the Sanitation District sewage spills went into public education campaigns, public awareness is likely at a new high, the time of year was different as well, but there was a noticeable difference in the amount of trash, the hope this year is to get as much trash out of the River as possible before the first flush sends it all to the beach. Mayor Doane mentioned having received compliments from the last meeting with regard to the Resolution lending the City's support and strong feelings relating to what happened in New York, to which he explained it was not he who wrote the Resolution rather the Administrative Assistant. I CLOSED SESSION No Closed Session was held. ADJOURN.MENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until October 22nd at 6:30 to meet in Closed Session if necessary. By unanimous consent, the meeting was adjourned at 10:01 p.m. I Approved: {/J/!~~ 10-8-01 / 10-22-01 Attest: Seal Beach, California October 22, 2001 I The regular adjourned date was canceled due attention. meeting scheduled for 6:30 p.m. this to the lack of business items requiring tClerk and f the City of clerk October 22, 2001 Seal Beach, California The City Council of the City of Seal Beach met in regular session at 7:16 p.m. with Mayor Doane calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Doane Councilmembers Boyd, Campbell, Larson, Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services I Mr. Dancs, Director of Public Works/City Engineer Chief Sellers, Police Department Mr. Pounds, Interim Director of Parks and Recreation Ms. Yotsuya, Assistant to the City Manager Mr. Bernard, Public Works Assistant Officer Paap, Police Department Ms. Yeo, City Clerk APPROVAL OF AGENDA Councilman Yost requested that Items "D" and "S" be removed from the Consent Calendar for separate consideration! and a member of the audience requested Items "M" and "U" removed. I Larson moved, second by Boyd, to approve the recommended action for items on the Consent Calendar as presented, except Items "D, M, S, and U" removed for separate consider~tion. AYES: Boyd, Campbell, Doane, Larson, Yost I NOES: None Motion carried I .