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HomeMy WebLinkAboutCC Min 2001-10-22 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 tequiring t .Clerk 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 considerationj and a member of the audience requested Items "M" and "U" removed. I Larson moved, second by Boyd, to approve the recommegded action for items on the Consent Calendar as presented, except Items "D, M, S, and U" removed for separate consideration. AYES: Boyd, Campbell, Doane, Larson, Yost I NOES: None Motion carried I 10-22-01 I ANNOUNCEMENTS Councilmember Campbell made reference to a recent news article relating to alleged Brown Act violations, which makes it apparent that someone in the public is confused. She noted that meeting with the City Manager once a week with one other member of the Council is not a violation of the Brown Act, the prior Manager had a policy of meeting with only the Mayor weekly yet the other members of the Council were desirous of similar meetings, therefore when she became Mayor she, along with one other Councilmember, met with the Manager each week merely to be informed, she made this practice known to the City Attorney, the newspapers, everyone knew, if there had been any problem the Attorney would have so advised, the current City Manager meets with each Councilmember individually once a week. Councilmember Campbell mentioned too that the complaint cited meetings of the Mayor and a Councilmember as being for no other reason than to avoid violation of the Brown Act, there was no violation, had there been a third councilmember in attendance there would have been a violation. Mayor Doane announced that former Mayor George Brown underwent quadruple bypass surgery a week ago, he is recovering, the Council and staff is sending a card of best wishes. Mayor Doane continued his practice of honoring persons who have followed the motto of the 'Friends Helping Friends Succeed' pins which he presented to Mr. Jim Klisanin, known by all for his years of conducting the Holiday Parade, involvement in many community activities, work as a coach, Mr. Klisanin known for his giving to the community. PRESENTATIONS I PROCLAMATION Chief Sellers read in full the Proclamation declaring the week of October 22"d through October 28th, 2001 as "Red Ribbon Week." The Chief introduced Officer Paap who accepted the Proclamation on behalf of the Police Department which in turn will be on display at McGaugh School. Chief Sellers noted that a Red Ribbon Week kickoff assembly was held this date with a presentation by the fourth and fifth grade choir, Officer Paap with friends Canine and Officer Safety, a representative from.the Naval Weapons Station, all having a positive impact on the young people. The Chief also welcomed members of the Leo Club who were present to distribute red ribbons and wrist bands, and recognized the Leo's for their participation in the drug prevention and education activities that Red Ribbon Week stands for. I INTRODUCTION - POLICE CHAPLAIN Chief Sellers announced the new Police Chaplain Program for the Department and took the privilege of introducing Pastor Donald Shoemaker as their first Chaplain. The Chief explained that the purpose of the program is to. provide sworn, non-sworn, and volunteers with an additional resource during difficult times, whether it be personal or professional crisis, and described his own experiences with a Police Chaplain Program. Chief Sellers noted that Pastor Shoemaker was born in Texas, grew up in Ohio, went to school in Indiana, has a bachelor and masters degree in divinity, a masters degree in theology, as well as a doctorate in ministry degree, a member of this community since 1984 at the Grace Community Church currently serving as the Senior Pastor. The Chief said he foresees this program expanding in terms of the services that will be provided the Department, local government, and the community. Dr. Shoemaker stated that Grace Community Church takes the word community 10-22-01 seriously, it is not just a title but a mission, it means action and they are delighted to be part of this co~unity, be a force for good, thus far they have had a numberlof ways to be in contact with the community, his goal in recent years has been to find a connectedness with the community.! Dr.. Shoemaker said he looks forward to being the first Police Chaplain, to being dedicated to the community and th~ department in this way. The family of Dr. Shoemaker was introduced, and Chief Sellers then officially pinned Dr. Shoemaker with the Police Chaplain badge. I PUBLIC COMMENTS Mayor Doane declared the Public Comment period open. Ms. Barbara Arnold, Seal Way, announced the upcoming tenth anniversary of the performance of the Messiah, and ihvited any interested person to become part of the community choir, rehearsals to be each Thursday evening, alternating between the United Methodist Church and Grace Community Churth through December 9th at which time the performance wiil take place at the McGaugh School Auditorium. Mr. Marty Mahrer, College Park East, stated his comments were directedlto the proposed widening of the 22 Freeway, and commended staff and the consultants on the preparation of the response to the Draft EIR for the project, the best document he has ~een in this City. Mr. Mahrer asked however that if the wall were to go what then happens to security, recalling the robb~ries on Almond Avenue prior to the wall, asked that the Cityjbe proactive on that issue, it is understood that will be addressed at some future meeting, there are court cases that have determined that if something happens after construction starts that was not there prior to, that is a case, an example was a suit by four cities against contractors who lost the case. The other issue is the height of thelwall, in the documents he has seen the reference is to sixteen feet, he has been told that when something is taken down then whatever is replaced must be 5db to the positive, that means lowering the noise by 5 decibels, if that is the cas~ the wall should then be twenty to twenty-two feet, it se~ms the proponents of this project have no knowledge of what!that means, City staff noted that the document contains language where CalTrans or OCTA could get out of that requirement, that situation too could be litigatous. Lastly, the!overall document,. if it is their intent to make a decision by June of next year and they do not mitigate everything, then what is the City going to do, start going to court. I Mr. Greg Miller, Sandpiper Bike Shop for twenty years, public safety once again, said being an expert in the courtlof law in California on roadway and bicycle safety he has seen many different things, a great experience to be in front ~f a jury many times, explain the truth, and win, suggesting the City Attorney may wish to review some of his past cases. !Mr. Miller stated there have been twenty-nine safety items brought to attention on Seal Beach Boulevard that were not there before the street was reconstructed. He reiterated that a bicycle is a vehicle under the State law in ! California, the City built the road and took away the bike lanes, when you take something away it is necessary to make the road safe for whatever vehicles might travel that road, current practice is that when new buildings are built they are made earthquake proof, always trying to improve things, again stating that the City has been presented with twenty- nine dangerous conditions yet has done nothing to improve the street, those conditions did not exist beforehand, removing the bicycle lanes from the street does not give the 8ity or I I 10-22-01 I anyone the right to think that a bicycle will travel the bike lane off the street, bicycles have the right to the road, any road, the Council does not seem to care, it is public safety, he is trying to save lives while the intent seems to be to endanger the City and the public, stated a petition is being circulated, many people have signed, even people from out of town, because everyone uses this road, not just Seal Beach residents. Also, if anyone 'in town wants to complain about tree trimming or street sweeping because of taxes going up, utility taxes, maybe there should be some take charge of the City Council who seem to want to run businesses out of town, the City needs the businesses to support taxes, for twenty- one years he has brought sales tax into town, brings people into town that would not have otherwise come to this town, but the Council discourages business by taking away the handicapped ramp to allow wheelchair persons to come to his bike shop, take away bike lanes to make the street dangerous, again, a bicycle is a vehicle under the California Code and has a right to the road, and will travel the road, in Huntington Beach one can see how the bicycles travel the road and not the bike lane, yet are not getting stopped by the police because they are in the street. This Council has created a dangerous condition by taking the bicycle lane away, now cars cross the double yellow line to go around the bicycles, cars coming up on bikes have no right to go over a double yellow line, and the safest place to ride is in the middle of the road, if a car approaches it is not going to run over the cyclist directly from behind, yet as soon as the cyclist moves to the right and gives the car any kind of room that is when an accident is going to occur, as an expert in the law the Council should listen to what he says, and as a speaker stated, this City is liable for these twenty-nine dangerous conditions that were known before construction, with photos, and he will be the first to help anyone that is in any kind of accident. Mr. walt Miller said the City Engineer is on record as stating that traffic circles have a calming effect, if that is thought to be true one should take a drive to the Long Beach traffic circle and see how calm one remains. He claimed that traffic circles are used around the world to speed up traffic by eliminating stop signs and signals, the Engineer is making a false and misleading statement to support the proposal for 5th Street and Marina Drive, if cars are not required to stop and look, exposure and access to businesses on the two corners and the church will suffer, one should visualize removing four boulevard stops and replacing them with a traffic circle, makes no sense. Mr. Miller stated that the chosen route for cyclists coming from the marina is Ocean Avenue, not Marina Drive, the reason they are traveling Marina Drive now is because the police did not want them riding by the pier, too many riders, yet Marina spills into Coast Highway therefore they may as well hit Coast Highway in Long Beach because the bike lanes are there, there is no reason to go down Marina Drive as a scenic bike route, that should be apparent, the City should not spend their money once again excluding the bike clubs. Seal Beach Boulevard reconstruction would never have happened if the plans had not been developed solely by the prior and current City Engineers without any contact with bike clubs, citizens, or property owners, also, the City Engineer is on record as-stating that the reduced width of Seal Beach Boulevard exceeds the minimum traffic safety standards for such a street, it appears he has used the regulations for a residential street. Mr. Miller questioned if any of the owners <or occupants of the Boulevard have ever seen a traffic count with the average traffic speed taken before and after I I 10-22-01 reconstruction, he personally has not during his property ownership of twenty-seven years, there was a promise/that the Boulevard would be monitored but no reports have been seen, there have been no traffic counts made by the pOlice) no speed survey, this is gross negligence, he had been told that traffic counts before construction was between twelv~ and seven thousand cars a day, a comparison of 12th Street to the Boulevard, it is not a residential street, speeds between Coast Highway and Electric were thirty-five to fifty miles an hour, they still are. Mr. Miller said possibly this can be summed up by a salesperson for Beachwalk Homes, to a question as to why that person was taking down street addresses, the response was that now that the Boulevard is a residerttial street they want to see if other properties might wartt to sell. Mr. Miller asked why his plans were altered by the Council where no one has any training in architecture and given that the plans were previously approved by thelCity Building Department, plan check, Planning Commission, and the California Coastal Commission in 1996 and again in 2001, his architect is a partner in an international architectJral firm in Oregon who has written books, is very talented, y~t this Co~ncil decided to alter his plans, he then read a l~tter from the City of San Clemente supporting his plans for a proposed project there that was said to be well conc~ived, a potential economic, aesthetic, and physical boost to!their downtown area. To that Mr. Miller said that is what he had in mind for Seal Beach Boulevard, his son has run a bike shop for twenty years, and his project, in its original form, would attract other visitor serving businesses and up-scale three story apartments which would greatly increase the tax base over single family residences. I A member of American Legion Post 857 and Veterans of Foreign Wars Post 4048 announced that a Veterans Day ceremony will be held on Sunday, November 11th at 11:00 a.m. at Eisenhower Park where the Mayor will be a speaker, Congressman I Rohrabacher is expected as is Lt. Col. Haskins of the Army National Guard and Lt. Colonel Smith of the Marine Corps. The gentleman commended with appreciation this commu~ity and invited all to participate in this event. Mr. Reg Clewley, Seal Beach, said he wished to comment on the upcoming initiative that quadruples the tax to pay for streetlsweeping and to object that the ballots pertaining to the is~ue will be distributed to residents of Leisure World. Mr. Ciewley said it is unnecessary to sweep the curbs and gutters more than every other week, it takes more than two weeks for any harmful bacteria to accumulate according to the stat~ment made by the City on the matter, residents of Leisure/world should not have a vote because the outcome of the election is not binding on them, they are at liberty to independ~ntly determine for themselves whether they wish to contratt with the City, or private firm, and how often they would like the services provided, therefore the Councilmembers representing Leisure World should have recused themselves from / participating in the decision to place this matter on the ballot. The ballot measure proposes nothing more thhn a taking from the taxpayers, the Department of Public Works knows that the existing residential schedule can be I accomplished with only minor modification to the arterial schedule within the existing fee revenue of $37,000,land should the initiative to increase service be approved, the contract could be expanded to include not only the sides of the streets but the center of the streets, the alleys, and the sidewalks with a follow up crew to scrub the exphnsion joints, to be done weekly, this matter needs to be removed I I 10-22-01 from the ballot. I Ms. Beverly Pearce, Old Town, said she wished to comment on items that come before the Council regarding budget, fees, taxes, and what she has observed to be recurring issues and problems that come before the Council on a number of occasions having to do with businesses. She said it is known that city government lives on property taxes, special fee taxes, assessments, and retail sales tax that is generated by businesses, her thought was to possibly establish some type of business creation, retention and support committee that would somehow draw together the people that appear before the Council discussing the same issues over and again. Ms. Pearce noted that property taxes are distributed to the City by the State, the City has no say, special assessments and fees are unpopular because people do not seem to like to pay taxes and support their government therefore the only thing the community can do is to assist businesses and in turn create more sales tax, a committee such as she suggested would not be a Chamber of Commerce, would have some Council representation, some happy and some unhappy business members, perhaps some members of the community as well, to discuss solutions. She suggested that bike paths would be an example, maybe such committee could develop a way to raise funds through assisting businesses then in turn help others create the things they want, all too often people know what their wants are yet when something like proposition 13 or special assessments come up no one wants to pay the taxes, people want streets and roads, police response within thirty seconds of a phone call but do not want to pay for them, all want businesses to support local programs yet do the people always buy their groceries or clothing in town, possibly such a committee could help the City help itself with some creative thinking, and some of the recurring issues would cease. Ms. Sue Corbin, Seal Beach, made reference to the Zoeter property contract, prior members of the Council have said they did not know what they signed away, Section 5 of the contract relates to 'option to purchase landlord's interest' a grant to the tenant to purchase the landlord's interest as long as the tenant exercises the purchase option by July 1, 2004, yet there will now be an effort to negate this contract, the people have a right to know this. Ms. Corbin stated too that she believed that the Miller's are right with regard to Seal Beach Boulevard, the City redoing the street in front of their business, doing away with driveways, a new City Engineer that was assigned the position in violation of State and federal law, and made critical remarks with regard to what she claimed to be the habits of the Mayor. Ms. Laura Brecht, 6th Street, said about a year ago she had stated to the Council that her Council representative had incorrectly completed his FPPC 700 Statements, having not listed all sources of income including the income of this wife, revisions were subsequently made to reflect that accurately. Ms. Brecht said she recently filed a complaint with the FPPC, the office of the District Attorney, and the Orange County Grand Jury to which she has been advised that an investigation has been opened, upon further review she has determined that her representative has also not filed FPPC forms 460 or 470, the 470 is filed annually if there is no controlled committee and no contributions or expenditures in the amount of $1,000 in a calendar year, 460 is for officeholders that receive contributions of $1,000 or more in monetary payments, loans, and non-monetary goods or services, if contributions of $1,000 are received then an FPPC form 410 is to be completed I I 10-22-01 and postmarked within ten days of the contribution, neither 460 or 470 has not been completed since assuming off~ce, yet a 410 form was filed August 17th, 2001 with the name of the committee being Friends of Shawn Boyd. She claimed that after the past Council meeting he and supporters published an open letter to the residents paid for by those supporters which is not the same as the committee name shown onjform 410, the cost of said ad is said to be approximately $1,200 according to the published advertising rate, that committee of supporters has not been registered with the FPPC dr filed the form 410, it would be of interest to know who his benefactors are. Ms. Brecht concluded that as an office holder the Council representative is responsible of knowing the FPPC rules yet fails to follow them, also, on th~ 700 form there is a listing for Tidewater properties with an address listed as his post office box yet does not maintain a local business license for that listed business, he Jas called on not having business licenses for all of his businesses, he must follow the same rules as all cit~zens of this City, that is all that is asked. I Mr. Dave Bartlett requested that no credibility be attached to the comments of a prior speaker with regard to th~ Mayor, they are disconcerting, explaining that he had encountered the Mayor and members of Bella Forma after the pub lid hearing at the last meeting, they talked for a while, it is I unfortunate when one can not socialize and things become an issue where they are not. There being no further co~ents, Mayor Doane declared Public Comments to be closed. I CITIZENS ADVISORY COMMITTE - BOEING PROPERTY Councilman Boyd recused himself from this discussion. Councilman Yost noted that this issue was brought fo~th at the last meeting, stated that when that a large parcel of land in the City has come up for potential development and with major consequences on the City as a whole therelhas been a citizens advisory committee to look at the potential for the property, potential impacts, the plans for the Boeing property is no different, it is about one hundred acres, there is some zoning for light industrial manufacturing, they would like to consider rezoning of the entire parcellfor residential, commercial, and park use, before considering that his feeling is that there should be a committeelmade up of residents of the entire community to look at the proposal. He mentioned that at last meeting he had suggested using the Planning Commission however on second thought he would withdraw that suggestion, rather would suggest one m~mber from each district of the City in that it affects th~ community as a whole to meet with the Boeing people to work through potential plans, the possibilities, rewards, land impacts in advance of a proposal coming forward, this committee would have a termination point. Mayor Doane said he did not disagree that public input is needed, yetlwhen there are small ad hoc committees the public does not participate, and the appointees do not report back to their particular areas, his feeling is that an ad hoc committee will not accomplish what is desired which is to havelthe public involved and seek public acceptance of whatever is proposed. Councilman Larson said he too agrees withlthe idea of public input, the committee however will need to comply with the Brown Act, how one resolves the issue of public interest is another matter, the appointees would need to be active. Councilman Yost agreed and stated he would be willing to hold townhall meetings to disseminate information, the intent is to have the community involved early in the I I 10-22-01 I process, his feeling also that Boeing would like to do that. The Mayor suggested that the Boeing representatives be invited to make comments. Councilman Yost said he would not object, yet expressed his strong feeling that the same procedure should be put in place as has been done with other major parcels in the City, the Bixby and DWP properties as examples, both General Plan changes, changes as to how that land would be used, there were committees that looked at the property ahead of time to do their best to have the community involved, in looking at Bixby now the community should look proactively at what is going to be there, this will be an entry area to the City with major impacts as well as advantages. Councilmember Campbell interjected that the people north of the freeway, those of Rossmoor, Los Alamitos, and College Park East did not want the Bixby project, no one listened. Councilman Yost said his intent was to involve the entire City. I To a question from Council, the City Attorney advised that the Council has the discretion to allow the Boeing representatives to make comments, the public had an opportunity to speak to any agenda item during public comments. Mr. Gary Powley, project manager for Boeing realty, expressed enthusiasm with their project and said they look forward to working with the community and participating in what was believed would be a townhall meeting prior to a citizen advisory committee selection. Mr. Powley explained that they have spent some time with Councilman Yost evaluating many of their space and communication needs and options, their intent is to put together a responsible plan for future uses of the site that balances the economics, environment, City and community objectives the same as theirs. Mr. Powley introduced the project team that Boeing Realty has brought together to assist them in managing this project through its entitlements, the services of Stonecreek Company, the president of which was present, Mr. Bartlett, land use and entitlement consultant to support the efforts of Stonecreek, and expressed appreciation for the opportunity to work with the members of the Council, staff and the community. Mayor Doane inquired as to their feelings with regard to the citizens committee as proposed, one representative from each of the five Council districts. Mr. Powley confirmed their interest in working with the community, spoke favorably of a townhall meeting with a group of people, that would give the opportunity to set forth some of the objectives and obtain community input which would serve equally as well. Mayor Doane asked Councilman Yost if he envisioned the ad hoc committee to work with Boeing to develop agendas for townhall meetings, etc. To that Councilman Yost said his intent was that the committee look at the property and come up with a vision for an entry to the community, look for potential impacts, ways this would maximally benefit the community in a positive way, this entry site has considerable potential value as well as potential risks, his feeling is that there should be a best effort to get the greatest amount of public input into the planning process ahead of time to make it as smooth and beneficial as possible. Councilmember Campbell noted that anyone that the Council appoints will simply be an extension of the ideas of the Councilmember, she has ideas for development yet is a bedroom community and that is one of the things that has put this City in the dire straights it is in, her feeling is that any remaining property in the City needs to pay its own way, it can not be revenue neutral, as an example, the City is trying to get a street sweeping measure I 10-22-01 passed which is a nominal amount when considering that this is not a low income community yet there appears to b~ a problem with lack of support, she personally has a problem with changing the Boeing property zoning, there needS to be something that will make money, it could even be rev~nue neutral, any appointee of hers will be an extension of those opinions. Councilman Yost countered that he makes / appointments of persons who have an interest in the community yet no vested interest, and look at the issues from that persons perspective, they will not reflect his ideas} rather their own. I Councilman Yost moved to establish a committee consisting of five members, at-large appointments of anyone who is/thought to have the skills and abilities to develop some ideas that would be beneficial to the City and create an entry statement on this one hundred acre parcel of property. Mr. po~ley noted that the Boeing representatives present have an interest as well in addition to the community. To the comment by the Mayor that the Boeing land is in the District represented by Councilman Yost, thus his special interest, Councilman Yost confirmed that is why he would request membership from throughout the community to look at the land and develop a good entry statement to positively benefit the City, and confirmed that committee suggestions or I recommendations would come before both the Planning Commission and City Council, the meetings would be svbject to the Brown Act, publicly noticed, townhall meetings will be held as well. Councilman Larson seconded the motionl I Noting that Councilman Boyd has excused himself from voting on this matter and so there is no misunderstanding, Councilman Larson wanted it to be clear as to whether or not the Councilman should be afforded the opportunity tolmake an appointment. Councilman Yost said he did not feel that Councilman Boyd would necessarily have to recuse himself on taking action on establishing a committee and emphatically agreed that District One should have arepresentativ~ appointed by that member of the Council. Councilmember Campbell posed a question as to what happens if the tommittee formulates ideas that neither the community nor the 80uncil likes. The Mayor pointed out that an ad hoc committ~e has no authority to make decisions, merely make a recommendhtion. Councilman Yost countered that there is the possibility that they suggest things that will positively impact the I community, give them the opportunity, and to that Councilmember Campbell mentioned that often people do not have the data necessary to make decisions, an exampl~ would be the Route 22 issue where College Park residents did not have the benefit of the level of data necessary, there are wants and needs and often people confuse the two, th~re is concern with City revenue, residential as an examplejis revenue neutral, with any property that comes up fori development henceforth the thought must be given to how it can benefit the City financially, being pretty does hot necessarily bring revenue either. Mayor Doane noted/ that in his conversations with the Boeing representatives there has been discussion of a small portion as residential, some manufacturing, and some revenue generating such as retail or a hotel. Councilman Larson suggested that there sho~ld not be a prejudgment of what will be developed or whether it will or will not be liked, the motion on the floor is forja five member ad hoc committee, appointments to be made by each member of the Council including Councilman Boyd, the/members can be selected at large, the committee will be subject to I I 10-22-01 the Brown Act, and called for the question. Vote on the motion: AYES: NOES: I Doane, Larson, Yost Campbell Motion carried Councilman Boyd was not present in the Chambers. Stating that he had viewed this discussion on television, Councilman Boyd requested that the City Attorney write the Fair Political Practices Commission for a ruling as to whether he can make an appointment to this committee. The City Attorney agreed to do so. CONSENT CALENDAR - ITEMS "c" thru "cc" Yost moved, second by Boyd, to approve the recommended action for items on the Consent Calendar as presented, except for Items "D, M, Sand U", removed for separate consideration. C. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. E. I Approved regular demands numbered 34797 through 35013 in the amount of $630,354.51, payroll demands numbered 13780 through 13935 in the amount of $172,919.99, payroll liability account 9000703 through 9000713 in the amount of $73,325.86, and authorized warrants to be drawn on the Treasury for same. F. Adopted Resolution Number 4946 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CUP NO. 1-10, PERMITTING THE OPERATION OF A PERSONAL FITNESS STUDIO AT 220 MAIN STREET, SEAL BEACH (BELLA FORMA)." By unanimous consent, full reading of Resolution Number 4946 was waived. G. I Adopted Resolution Number 4947 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #49819, ON-SITE SOLIUM HYPOCHLORITE GENERATION SYSTEM, BEVERALY MANOR, ENTERED INTO BETWEEN CLORTEC AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4947 was waived. H. Approved Amendment Number 4 to Master Funding Agreement No. C-95-991 with the Orange County Transportation Authority to replace Exhibit "A" with a revised list of open projects, and authorized the Mayor to execute same on behalf of the City. 1. Adopted Resolution Number 4948 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED 10-22-01 J. K. L. N. O. P. Q. R. AS TO PLANS AND SPECIFICATIONS FOR PROJECT #55056, COASTLINE/CARMEL STORM DRAIN REPLACEMENT ENTERED INTO BETWEEN BNB ENGINEERING INC. AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4948 was waived. Awarded the unit price/maintenance/emergency services contract for traffic signal maintenance and repair to Peek Traffic Signal Maintenance, Inc., and authorized the City Manager to e~ecute said contract on behalf of the City. I Awarded the unit price/maintenance/emergency services contract for street and right-of-~ay maintenance to PV Maintenance and authorized the City Manager to execute said contract on behalf of the City. I Awarded the unit price/maintenance/emergency services contract for traffic striping and!marking to Orange County Striping, and authorized the City Manager to execute said contract on behalf of the City. I Awarded the unit price/maintenance/emergency services contract for Sewer lift station I maintenance to Flo Systems, Inc., and authorized the City Manager to execute the contract oh behalf of the City. I Awarded the unit price/maintenance/emergency services contract for sewer line cleaning to Richard L. Walker Sewer Cleaning, and authorized the City Manager to execute the contract oh behalf of the City. I Awarded the unit price/maintenance/emergency services contract for water and sewer linel repairs to Doty Brothers Equipment Company, and authorized the City Manager to execute the contract on behalf of the City. I Awarded the unit price/maintenance/emergency services contract for sewer/cleanup servic~s and hazardous materials sole source to United , Pumping Services, and authorized the City ~anager to execute the contract on behalf of the City. Adopted Resolution Number 4949 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, AUTHORIZATION BY CITY COUNCIL FOR DIRECTOR OF PUBLIC WORKS TO EXECUTE "RIGHT!OF WAY CERTIFICATION", (federally funded transportation related projects). By unanimous consent, full reading of Resolution Number 4949 was waived. I T. Adopted Resolution Number 4951 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH ESTABLISHING A RECORDS RETENTION SCHEDULE FOR POLICE RECORDS." By unanimous consent, full reading of Resolution Number 4951 was waived. 10-22-01 V. Adopted Resolution Number 4952 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE APPLICATION FOR GRANT FUNDS FOR URBAN RECREATIONAL AND CULTURAL CENTERS, MUSEUMS, AND FACILITIES FOR WILDLIFE EDUCATION OR ENVIRONMENTAL EDUCATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 FOR COLLEGE PARK EAST RECREATIONAL/ COMMUNITY CENTER." By unanimous consent, full reading of Resolution Number 4952 was waived. I W. Requests for Proposals were received for annual tree trimming services as follows: Arbor Care United Pacific Services West Coast Arborists $39,400 $40,425 $48,400 Awarded the contract for street tree maintenance services to United Pacific Services, Inc., the lowest bidder meeting the selection criteria, said contract for a term of one year with two optional one year extensions. x. Adopted Resolution Number 4953 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CONCERNING PARTICIPATION/CONTINUATION IN THE ORANGE COUNTY SERVICE AUTHORITY FOR ABANDONED VEHICLES AND REPEALING RESOLUTION NUMBER 4597." By unanimous consent, full reading of Resolution Number 4953 was waived. I Y. Adopted Resolution Number 4954 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING SALARY AND BENEFITS BUDGET AMENDMENT FOR THE 2001/2002 FISCAL YEAR." By unanimous consent, full reading of Resolution Number 4954 was waived. Z. Approved an Agreement for leasing and property management services with Bancap Commercial Real Estate Services for a term of one year with the option to renew the agreement for two additional one year terms, and authorized the Mayor to execute said Agreement on behalf of the City. I AA. Adopted Ordinance Number 1482 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING ORDINANCE NUMBER 1481, 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 STATEWIDE PRIMARY ELECTION, TO INCLUDE AN ADDITIONAL CHARTER AMENDMENT RELATING TO DISCIPLINARY SUSPENSIONS, ALSO AMENDING RESOLUTIONS NUMBERED 4942, 4944, AND 4945 TO INCLUDE SAME." By unanimous consent, full reading of Ordinance Number 1482 was waived. BB. Adopted Ordinance Number 1483 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING 10-22-01 CHAPTER 1B OF THE CODE OF THE CITY OF SEAL BEACH ADJUSTING THE VOLUNTARY CAMPAIGN EXPENDITURE LIMIT." By unanimous consent, full reading of Ordinance Number l483 was waived. Bids were received for fumigation and pestJcide abatement services as follows: CC. Exterminetics of Southern California Hydrex Pest Control Admiral Pest Control Western Exterminators $ 9,890 I $10,673 $l4,985 $20,100 Awarded the contract for fumigation and pesticide services for City buildings located at 20l land 211 - 8th Street to Exterminetics of Southern California, the lowest responsible bidder, in the amount of $9,890, and Adopted Resolution Number 4955 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING TERMITE REMEDIATION BUDGET AMENDMENT FOR THE 2001/2002 FISCAL YEAR." By unanimous consent, full reading of Reso]ution Number 4955 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "D" - DISSOLUTION - AD HOC WATER OUALITY COMMITTEE Councilman Yost commended the members of the Water Quality Committee for having developed a good Plan, their designated task complete, moved to disband the Ad Hoc Water Quality Committee. Councilman Boyd seconded the motion. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I RESOLUTION NUMBER 4950 - NAVAL WEAPONS STATION FUTURE Councilman Yost mentioned that his intent was to have staff input to the issue of the future of the Naval Weapons Station, this due in some part to the action the City of Los Alamitos to retain a consultant to assist them with I protection of the Armed Forces Reserve Center, this is something that Seal Beach may also want to do given that the Station encompasses the National wildlife Refuge, th~ City needs to do everything it can to protect that area and to expand the size of the Refuge if possible, how that ~ould be done needs to be known. The City Manager presented the staff report, explained that the Naval weapons Station is j approximately five thousand acres, about 68.8 percent of the total City land area, approximately nine hundred ele~en acres makes up the wildlife Preserve, 12.5 percent of the open space of the City. The Manager noted that staff haslbeen made aware that there are two base closure bills proceeding I through Congress, SB 397 and H.R. 1820, both would pursue another round of base closures, staff has met with Mr. Del Smith, the City'S washington representative and like~y the best informed, in his opinion the Naval Weapons Station will probably not be on the list because of their mission) yet indicated that the City should get in front of the issue and provided assistance with some of the terms of the Resolution. I 10-22-01 I The suggestion of Mr. Smith was that if the Council wants to oppose any potential closure of the Base that it try to deal with some of the long standing issues such as financially contributing to the on-going sand replenishment project in Surfside, a financial contribution to the replacement of the groin, improve the overall aesthetics of the Base particularly along Pacific Coast Highway and perhaps the bridge, and vigorously correct any environmental damages that has been caused by Base operations. The Manager noted that staff has proposed a course of action for Council consideration, once the Resolution is approved it will be forwarded to the local legislators, Mr. Smith will pursue the issue with the federal legislators, also authorize the Mayor to sign letters as time goes on that would support the position of the Council. Yost moved, second by Boyd, to adopt Resolution Number 4950 entitled "A RESOLUTION SUPPORTING THE CONTINUED USE OF THE SEAL BEACH NAVAL WEAPONS STATION AND OPPOSING THE INCLUSION OF THE BASE IN ANY BASE CLOSING PROCESS." By unanimous consent, full reading of Resolution Number 4950 was waived. I Councilman Boyd stated that he has been an advocate for some time that as the Base goes through the Restoration Advisory Board process and the contaminated sites are being remediated, the City should be advocating that it does not affect property or property owners, also that the land within the coastal area and adjacent to the wildlife Refuge be included as part of the Refuge, that would take some action on the part of the Council through petition, it is important to have the advocacy in Washington, D. C. that Mr. Smith offers as he is very knowledgeable of the base closure process as well as how some of the issues mentioned by staff would be dealt with and accomplish some of the goals that Councilman Yost set forth as part of the Resolution, it may be important to increase the amount of time that Mr. Smith is retained. He mentioned too that the two bills mentioned are moving quickly, it appears they will pass, also, as that land becomes available as clean land and with the City advocating that it become part of the wildlife Refuge, that reduces the potentially developable space that is within sensitive habitats, thus if the Base should ever close it would limit foreseeable development. Councilman Boyd noted also that the following day the Board of Supervisors will consider second reading of an ordinance relating to parkland deed restrictions, this was sent to the Board by the Orange County Harbors, Beaches and Parks Commission in November, 2000, went before them four times, continued each time, finally had first reading last week with second reading to take place this week, this ties in somewhat with what is being discussed, preserving what is known as this community, the Base being a large part of the community therefore if the Base should ever close in part or in whole the greater portion thereof that is either deed restricted, as the County is now doing, or is in the National wildlife Refuge will be of benefit to this City. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEM "M" STREET SWEEPING SERVICES Mr. Reg Clewley, Seal Beach, said this issue was not to have taken place until after an election that many citizens know nothing about, none of which have yet received a ballot or are aware of how they are expected to return that ballot. 10-22-01 Mr. Clewley stated that the Public Works Department, through the City Manager, analyzed and discovered that the existing residential schedule could be accomplished with only Iminor modifications to the arterial schedule and within the existing fees of $37,000, that two thousand eight hurtdred curb miles can be swept. He offered that if this matter had been taken before the electorate to request doubling/of the street sweeping fees the City could accomplish the proposed end of bi-weekly street sweeping, if the fee increas~ is realized the City will be sweeping every alley in th~ City, even those that go to the beach, if passed this contract could be expanded to include the entire street, in h~s opinion considerable money is being asked from the r~sidents for no reason whatsoever, debris does not accumulate lin the center of the street nor does sufficient bacteria accumulate at the curbs and gutters to warrant weekly street sw~eping. He continued by saying the contract could possibly b~ a good thing yet placing it on the Consent Calendar is j inappropriate, his request would be to have a full reading of this matter as to what the City is doing and why, th~ citizens would like to hear why the fees are being qtladrupled for street sweeping when it is entirely unnecessary, Istating that weekly sweeping could be accomplished at twice the price rather than four times the price, alleys in the CitY!dO not need to be swept every week, there are trucks in the alleys every day, will the alleys then be posted for no parking during certain hours, this will interfere with the btlsinesses on Main Street, or will the businesses be exempt, th~ City needs to let it be known what they are doing. with regard to items on the agenda, Mr. Clewley said when people ar~ invited to speak at public comments, in the past they have b~en restricted to non-agendized items, once an item is brought up that is on the agenda, such as a Council item, the Council must allow the public to address these issues, as anjexample at this meeting the Boeing issue was handled wrong in that the public was not invited to speak to that matter. /MS. Sue Corbin, Seal Beach, objected to the reference to meetings that have been it is the Council that is the body th~t is the decision maker, decisions need to be made here not elsewhere. She mentioned that residents of the Hill area are getting , older, retiring, some with limited incomes, Leisure World is becoming a younger population, if they are low incom~ that is the exemption, being a senior citizen does not mean one is low income, but there are people in Old Town trying to raise families with limited incomes as well. Councilman Boyd pointed out that the item under discussion is a contract for street sweeping, has nothing to do with the upcoming ballot measure. I I As a result of a derogatory exchange of comments, Mayor Doane declared a recess at 8:50 p.m. The Council reconvened at 9:00 p.m. with Mayor Doane calling the meeting to order. The City Attorney noted allegations that the councillhas not complied with the Brown Act, complaints however not true, explaining that the Brown Act requires that the public have an opportunity to speak to every item on the agenda prior to the Council making a decision, the opportunity to speak on each item on the agenda is provided at Public Comments, as a courtesy to the public, even though the Brown Act does not require it, this Council allows the public to pull items from the Consent Calendar, the second courtesy is that the Mayor has allowed the public to speak to the items they putled, again, the Brown Act does not require that, the public had . . ' the opportun~ty to speak to every ltem on the Consent I 10-22-01 I Calendar during Public Comments, two courtesies have been extended and the Council is in full compliance with the Brown Act therefore the allegations have no basis. To the City Attorney, Councilman Boyd stated that if the Council held public comments at the end of the meeting for open comments, as in other cities, is it not so that the Council would then be required by law to allow the public to pull an item off the agenda and speak to the item before an action is taken by the Council. The City Attorney confirmed that to be true, noted that many cities have speaker identification cards for those who wish to speak to items as they are before considered by the Council, those cities have a public comment period on non-agenda items at the end of the meeting, some have two such periods as Seal Beach once did, offering that there is a wide range of ways to comply with the Brown Act, the way the Council currently acts is in full compliance, the opportunity is provided at the beginning, additional opportunities is only through the courtesy of the Chair. I The City Manager explained that the issue before the Council is not about the election, whether the election is successful or not the staff has determined that it is more cost effective to go to contract street sweeping. He noted that the philosophy going into this was that the community could not be asked for an increase until they could be told that everything possible had been done to make certain things have been done in the most efficient and cost effective manner. A comment was made as to fleecing the taxpayer, if that in fact was the case staff would have moved forward to weekly street sweeping without looking at contracting out, to that he made reference to a 1980's book relating to privatization which said government does some things very well and some things not so .well, the private sector has certain abilities to do things more efficiently and effective. The Manager offered that what is being seen is an implementation of that theory, the analysis has shown that contract sweeping is less expensive, it will allow the City to avoid the cost of purchasing a $250,000 street sweeper, also to be in compliance with the Air Quality Management District standards for street sweeping, the City is currently in violation in that it does not have a PM10 standard street sweeper. With regard to the alleys, at some point, if the voters of the community approve going to weekly street sweeping it will include alleys, that is part of the service enhancement and a reason this is being pursued. with regard to the voting process, proposition 218, the Right to Vote, was passed by the voters of the State of California which provided the opportunity to vote whether it be pro or con on issues, the City is complying with that State law. He noted that Governing Magazine is going to do an article about the Seal Beach program moving towards privatization and ability to show that there are cost savings. In summary, the Manager said what is being looked at is taking care of the system as it currently exists, getting to where there is no subsidy from the General Fund, staying within the fees, if the election is successful then staff will return to Council with a contract amendment to expand the level of service, however that decision will not be made until the results of the election are known. He noted that this is not embarking on the cutting edge, many cities in the State, particularly Los Angeles and Orange counties, contract for street sweeping, usually because it is cost effective, the item under consideration is to maintain the current system in the most efficient and cost effective manner. I lO-22-01 Councilman Larson moved to award the unit price/maintenance service contract for street sweeping to California Street Maintenance, and authorize the City Manager to execute the contract on behalf of the City. Councilman Boyd seconded the motion. j Councilman Yost noted a question from a resident that if the City were to contract, give up its street sweeper, would the City then be held hostage to the company, could costs increase more than this, and is it necessary to dispose of the sweeper. The Manager responded that it needs to/be understood that the City sweeper is not a PM10 standard sweeper, it is old, worn out, the City is never lock~d into a contract, if this contractor is not desirable then there are two options, either again look at in-house service, yet a sweeper cost would be about $250000, or another contractor, from a cost effective, efficiency standpoint contracting is the better way. Councilman Yost recalled a concern of one resident that the contractor would buy the City sweeper, sweep the City streets with it, and then raise the fees. Councilmember Yost did clarify however that the contractor . I uses a state of the art vacuum sweeper. Councilmember Campbell too noted that the existing sweeper may pick up debris but the water seems to flow back onto the street because the sweeper leaves a large brown path behind) that shows how inefficient the sweeper is, if the streets are to be cleaned the proper equipment is needed. I AYES: Boyd, Campbell, Doane, Larson, Yost NOES: None Motion carried ITEM "U" CLAIM I Mr. Reg Clewley, Seal Beach, made reference to this claimant having fallen on a sidewalk, sidewalks are a danger in the community, staff is recommending that the claim be denied which in turn will be a litigated matter, stated that is not the appropriate way to handle such issues, rather, they should be negotiated and settled, staff is misleading the Council with such recommendations. Boyd moved, second by Larson, to deny the claim for damages of Ms. Aili Leppanen. AYES: Boyd, Campbell, Doane, Larson, Yost I. NOES: None Motion carried STATE ROUTE 22/WEST ORANGE COUNTY CONNECTION - DRAFT I ENVIRONMENTAL IMPACT REPORT/STATEMENT - COMMENT LETTER - RESOLUTION NUMBER 4956 I The Director of Development Services presented the staff report, this item relating to a City comment letter regarding the adequacy of the Draft Environmental Impact Report/ Environmental Impact Statement that CalTrans and thejFederal Highway Administration prepared for the State Route 22 project. He noted that the City received this document in late August, in early September it was brought to Co~ncil at which time staff was directed to conduct a review and prepare a comment letter to the Draft documents, that was do he in accordance with Council direction, it is felt it contains a significant amount of information that should help g~ide the decision making process of both Cal Trans and the Federal Highway Administration in a direction that will lessen the significant impacts that have been identified in theldocument as to the impacts on this City. Also, there is a legal basis for providing written comments whereby if the comments of the City are ultimately ignored or rejected, providing those comments in a timely manner protects the rights of the City I I 10-22-01 I to bring a legal action if a project is approved that the City does not concur with. The Director explained that the project is basically to put HOV lanes on the 22 Freeway between the 55 and the 605 freeways, place new HOV lanes in each direction on the 22 Freeway, an additional HOV lane in each direction on the 405 between the 22 and the 605 freeways, one car pool lane currently exists, this would be a second just between those two freeways, it would provide direct freeway to freeway HOV connectors at each location where the 22 Freeway crosses another freeway, thus the 605/405, 405/22, 22/5, and 22/55, the project would add a continuous auxiliary lane in both directions on the 22 between Beach Boulevard and the 5 Freeway, also create a limited access route on an abandoned Pacific Electric right- of-way that now runs into downtown Santa Ana. The Director mentioned that there are a number of project alternatives that have been identified in the EIR, the first is a no build alternative, that is mandated to be evaluated by both federal and State environmental regulations, that alternative is basically one that would do nothing to the freeway yet evaluates impacts of already approved for funding improvements on additional streets and transit improvements within the corridor through the Regional Transportation Improve:ment Plan, the second alternative is identified as the TSM, Transportation Services Management, program and an expanded bus service alternative, this too does not provide for any direct improvements to the freeway however provides for additional bus service on arterial streets that parallel the freeway as well as a commuter bus line that would run on the freeway, the full build alternative is the actual project which is the subject of the Draft EIR/EIS, includes all of the HOV connectors at the freeways previously mentioned, the document also evaluates a reduced build alternative which for Seal Beach and Rossmoor has the same impacts as the proposed project, it eliminates the HOV connectors from the 55/22, the 22/5, and the new arterial connector down the Pacific Electric right-of-way in Santa Ana. In reviewing the document there were several areas of concern identified, the first being the potential impact to the six homes along Almond~venue in College Park East that were identified for acquisition, the engineering staff and the design consultant have looked at the project, three separate alternatives have been identified that would allow the freeway to be built within the right-of-way as it exists to design requirements of CalTrans without having to acquire the homes, the first would b,= the realignment of the proposed project itself, that would basically shift the freeway about eighteen feet to the south, closer to the Naval Weapons Station, yet it does not impact the Weapons Station right-of-way, it would not require an acquisition along Almond Avenue, would allow the sound wall to remain in its current location, that would allow the project design parameters to be modified by lengthening some of the curves of the transition ramps from one freeway to another, flattening them so that it is not necessary to go north into Almond Avenue, the second would be to save the existin9 homes by reconfiguring Almond Avenue, a suggestion was that it was not necessary as part of the CalTrans program to maintain the full forty foot width of Almond Avenue as it currently exists, that it could be narrowed to eliminate parking on the freeway side of the street, the street could then be relocated northerly to accommodate their right-of-way if need be and without the taking of the homes, the third would be to again look at the Naval Weapons Station if determi~ed that was necessary, it appears that would be about a ten foot sliver of land for about six to eight hundred feet I I .'. 10-22-0l along the extreme northeast corner of the Station, the comment letter notes that there are federal requirem~nts for that type of evaluation to occur, the EIR document does not make it clear that that did occur. The Director not~d that some of the other issues identified and addressed inlthe comment letter were the aesthetic impacts of the noise walls along the College Park East residential community and adjacent to the tennis club facility which eventually will be dedicated to the City for public recreation, anotherlarea is the aesthetic impacts on College Park East, College Park West, Leisure World, and Rossmoor from the elevated HOV connector ramp structures, the ramp at the 405/605, ~ccording to the preliminary engineering plans, is about seventy feet in height, a mile and a quarter in length, it is felt this will cause aesthetic, noise, and glare impacts, the *amp at the 22/405 will be about thirty feet in height, a third of a mile in length, around fourteen feet higher than thelexisting noise walls, another impact to College Park East wou+d be the noise if the project is realigned and the walls moved closer which then brings the noise sources from the freewaylcloser to the homes, that issue was felt to not have been adequately been described. He offered that the light and glare!impacts from the HOV connectors are felt to be substantial, particularly the seventy foot structure, there are potential phasing issues that the City has identified with relation to the Seal Beach project to widen the Seal Beach Boule~ard overpass at the 405 Freeway and potential impacts tola number of City public facilities located adjacent to the 405 and Beverly Manor Road where there is a large water rese~voir, a fueling facility that Public Works and Police Departments use for their vehicles, there are sewer pump stations, water pump stations, at this point it is unclear what the impacts of the freeway widening project might have on those facilit+es. The Director mentioned that the public comment period ends a week from tomorrow at 5:00 p.m., comments must be received by then otherwise they will not be required to be responded to in the EIR document. The Director mentioned also that when! this document came out there was a community meeting held on September 18th in the Council Chambers, the College Park East community was invited, the project was explained andladvised how they could participate in the public review and yomment process for the project, CalTrans has had two community input sessions, which they refer to as public hearings, wh~re they allowed time for questions to be posed to their staff, Mayor Doane, Councilmembers Campbell and Yost, the City Mahager and himself attended and submitted written comments at that time, copies of which are included in the staff report. He noted that the EQCB reviewed the draft letter under consideration, they made some minor changes, those provided as a memorandum with the staff report. With regard to comments madelby a speaker, one issue was the noise wall, the impacts and heights of that, how it reduces the noise'levels, tolthat the Director mentioned that the comment letter addresses those issues in detail, the other concern of the speaker w?s public security while the wall is down and another being built, that was discussed at the EQCB level and there is additiohal language to address that. The Director stated the City staff worked closely with Environmental Impact Sciences, the City Attorney's office, and Zimmerman Engineering to put the comment packet together, there was considerable time I and effort devoted to this endeavor, about a hundred seventy hours, it is felt to be a good document and provides I a fair overview of the inadequacies, and the basic position of the comment letter is that Cal Trans and the Federal Hig~way Administration need to consider the comments and either I I I lO-22-01 recirculate a new document, start over, or prepare an addendum or supplemental document and allow additional public review and comments as it is felt that the document comes no where near compliance with either CEQA or the National Environmental Protection Act. I Mayor Doane stated that the document was well done. Councilman Boyd added his feeling that it is a very thorough document, the public will benefit from it. Boyd moved, second by Larson, that the staff recommendations be adopted, to authorize the Mayor to sign the comment letter, authorize members of the City Council to provide any additional separate comments directly to CalTrans with a copy to the Director of Development Services, adopt Resolution Number 4956 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGET AMENDMENTS FOR THE 2001/2002 FISCAL YEAR", receive and file the staff report, and instruct staff to forward copies of the comment letter to the Planning Commission and Environmental Quality Control Board for information. By unanimous consent, full reading of Resolution Number 4956 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I Councilmember Campbell asked if the comment relating to security at such time as the wall may be down pending it being rebuilt would be added to the letter. The response of staff was that that comment has been added into Enclosure B of the comment letter. Councilmember Campbell made some minor corrections, page six of the staff report, Almond Drive be changed to read Almond Avenue, page nine, the word Patti be spelled Patty, pages four and one hundred six of the letter, Primrose Place changed to read Primrose Circle, and page one hundred seven, Almond Street changed to Almond Avenue. Councilmember Campbell commended the thoroughness of the report and comment letter. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I STATE COPS FUNDS 2001/2002 - ALLOCATION Mayor Doane declared the public hearing open to consider acceptance of the State Citizens Options for Public Safety (COPS) program funds and the allocation thereof. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received. The Police Chief presented the staff report, noted that pursuant to Assembly Bill 3229 the Police Chief is required to make a recommendation for expenditure of the allocation of the grant funds, explained that the 2000/2001 funds were used to add a police officer, the recommendation for 2001/2002 is that the funding be used to continue that position, training and community policing overtime. Mayor Doane invited members of the audience wishing to speak to this item to come to the microphone and identify themselves for the record. Ms. Sue Corbin, Seal Beach, commended the Chief and police personnel for the community policing program, a good use of the funds, noting also that the Police Department has become quite professional. She mentioned too that monies had been allocated for community meetings, they have not yet been held, this is the type of issue that could be a subject of discussion at them. Mr. Reg 10-22-01 Clewley, Seal Beach, stated that his opposition to this item is in no way reflective of the Chief's services to the community. This item relates to the acceptance of I supplemental law enforcement funding, although doing enough already, it will allow improvement in one area or another, yet that is not the case, the City Council enacted an ordinance prohibiting unleashed dogs in Gum Grove Park, there is access to the Park for handicapped persons with powered wheelchairs yet once they are there it is unsafe because the dogs are not on leashes, as it has been for some thirty years, this area needs to be patrolled. Mr. Clewleylwas informed that dogs in Gum Grove Park was not relative to the acceptance of grant funds. There being no further cbmments, Mayor Doane declared the public hearing closed. I Larson moved, second by Boyd, to accept the 200l/2002 State COPS funding of $100,087.12, that the established I Supplemental Law Enforcement Services fund be authorized to accept such funds, and that the Police Chief be authbrized to expend the funds as detailed. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. COUNCIL COMMENTS Councilmember Campbell confirmed that the affected property owners will be receiving a ballot relating to street Isweeping and tree trimming services and fees. She recalled that when her family first moved to College Park East street sJeeping was once a week on staggered days, as a cost cuttingjmeasure sweeping was changed to twice a month, the current fees were established in 1988, the fees being collected now do.lnot cover the cost, the sweeping debris tested was found to contain contaminants, environmental regulations dictate that it be cleaned up, there are nice homes in this City and people want services, people are paying 1988 fees for 2001 services, the fees collected do not cover the cost, the I balance of the cost comes from the General Fund, that means there is less money available for other things, paving of streets and alleys are examples, the fee proposed to Icover the cost is nominal, about $2 per month, the intent is to have the fee equal the service, yet next year it is likely the fees will not cover the cost again. with regardlto tree trimming, there are five thousand trees in the public right- of-way, a resident questioned why he should pay for tree trimming as he did not have a tree in the front of his house, the fee is to maintain the five thousand trees throughout the City, those fees too were established in late 1980's) they do not now cover the cost, another person suggested a species of tree that does not grow as fast, the City could not dut the trees down and put in new ones, that is cost prohibitive. The City has trees, wants trees, likes trees yet tre~s need maintenance, again the intent is merely to match the Ifees to the cost of services, this proposed fee also minimal, with the increase of fees for services that eliminates th~ need to take money from the General Fund that could be used I elsewhere. How did the City get in this situation, Councilmember Campbell stated in 1992 the State balanced their budget by means of the cities and counties, that year I I 10-22-01 I $3 to $4 million was lost, but it was not a one time take away, they then revised the formula to give property tax money back yet even now the City probably loses in the area of $4 to $5 million each year, the City could do many things with that money, if it comes to cutting trees down they will not be replaced. Councilman Yost said he has had contact with Mr. Jerry Tone, the Hellman family representative, the appraisal has been done, that will be considered by the wildlife Conservation Board to be anticipated in the early part of next year, once that~s before the Conservation Board the next challenge will be to obtain funds for restoration. with regard to the Proposition 218 ballot for street sweeping and tree trimming, Councilman Boyd noted that that was the State 'right to vote' initiative, thus the voters have the right to vote before a fee is raised, this is an opportunity for the voters to exercise that right, the residents will get the services that they pay for. Mayor Doane mentioned having brought to the meeting a copy of the City's policy Manual, a document that Councilman Boyd strongly urged be established, and noted that within the Manual there are rules of decorum for public meetings, with regard to that he read a statement under the title of 'Persons Addressing the Council' that 'persons making impertinent, slanderous or profane remarks or who become boisterous while addressing the Council should be called to order by the presiding officer, and if such conduct continues may, at the discretion of the presiding officer, be ordered barred from further audience before the Council during that meeting,' he noted too that the Sergeant at Arms is the Chief of Police or his designee who 'shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at Council meetings, a councilmember may move to require the presiding officer to enforce the rules, if a majority of the Council shall require him to do so.' Mayor Doane offered that the Council has the tools and is going to maintain decorum, ninety percent of the people act like ladies and gentlemen, yet a small minority do not seem to know how to abide by the rules. Mayor Doane commended the Assistant to the City Manager for preparing a survey of other Orange County and Los Angeles County cities as to their parameters for pUblic comments, in Orange County eighty-six percent of the cities place oral communications at or near the beginning of the agenda, fifty percent require speaker cards in order to address the Council, that he would not be in favor of, forty-three percent limit oral communications to non-agenda items, and fifty-four percent limit speakers to a three minute limit, Los Angeles County percentages very similar, a few have oral communications at the end of the meeting, therefore according to the survey Seal Beach is not on the restrictive curve of the survey, the Council is being quite cognizant of the rights of the people. I CLOSED SESSION No Closed Session was held. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until November 13th at 6:45 p.m. By unanimous consent, the meeting was adjourned at 9:51 p.m. 10-22-01 / 11-13-01 Approved: [dffr~'0z( / or Attest: r~VJu.d:Jh( tlo cJa Cicy C1'& I Seal Beach, California November 13, 2001 The City Council of the City of Seal Beach met in regular adjourned session at 6:31 p.m. with Mayor Doane call~ng the meeting to order with the Salute to the Flag. ROLLCALL Present: Mayor Doane Councilmembers Campbell, Larson, Yost Abseht: Councilmember Boyd Councilman Boyd was present in the conference room awaiting the Closed Session. Also present: Mr. Bahorski, City Manager Mr. Steele, Assistant City Attorney Ms. Yeo, City Clerk I CLOSED SESSION The Assistant City Attorney announced that the Counc~l would meet in Closed Session to discuss the items identifi~d on the agenda, a conference with legal counsel with regard to anticipated litigation pursuant to Government Code S~ction 54956.9(b), and to confer with legal counsel relating to existing litigation pursuant to Government code Sect~on 54956.9(a), Ewert versus City of Seal Beach. By unaqimous consent, the Council adjourned to Closed Session at 6:32 p.m. and reconvened at 6:42 p.m. with Mayor Doane Callinglthe meeting to order. The Assistant City Attorney reported that the Council had discussed the items identified on th~ agenda, gave direction to staff, no reportable action was taken. ADJOURNMENT I It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:43 p.m. clerk I Approved: (J/A, h~ ~'- Attest: