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HomeMy WebLinkAboutCC Min 2002-01-04 12-10-01 / 12-24-01 / 1-14-02 Approved: Attest: I Seal Beach, California December 24, 2001 City Council meeting scheduled for this date was action of e Council on November 13th, 2001. clerk Seal Beach, California January 14, 2002 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Doane calling the meeting to order. I ROLL CALL Present: Mayor Doane Councilmembers Boyd, Campbell, Larson Absent: Councilmember Yost Councilmember Yost was present in the Conference Room awaiting the Closed Session. Also Present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk The City Attorney offered that this would be the opportunity for members of the public to speak to items identified on the agenda. No public comments were made. CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the agenda pursuant to the Brown Act, a public employee performance evaluation, the City Manager, pursuant to Government Code Section 54957, to confer with legal counsel with regard to one case of anticipated litigation pursuant to Government Code Section 55956.9(b), and two cases of existing litigation pursuant to Government Code Section 54956.9(a) Stinson versus City of Seal Beach and Wiles versus City of Seal Beach. The City Council reconvened at 7:30 p.m. with Mayor Doane calling the meeting to order. The City Attorney reported that the I 1-14-02 Council had met in Closed Session to discuss the items identified on the agenda, gave direction to the City Attorney, no other reportable action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:31 p.m. Approved: t/J~ 9~to.~ Attest: Seal Beach, California January 14, 2002 I The City Council of the City of Seal Beach met in regular session at 7:32 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 Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works/City Engineer Ms. Pam Arends-King, Director of Administrative Services Ms. Yeo, City Clerk I APPROVAL OF AGENDA Councilmember Campbell requested that the presentation relating to low income affordable projects be the first to be heard. It was the consensus of the Council to hear Item "c" as the first presentation. A member of the audience requested that Item "I" relating to the Orange County Central Park and Nature Preserve be removed from the Consent Calendar for public comments. Boyd moved, second by Larson, to approve the order of the agenda as revised. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried 1-14-02 ANNOUNCEMENTS Councilman Yost announced the upcoming Surf line event scheduled for February yd and 4th, urged those interested to obtain an application, the event will be fun and is for charitable purposes. ITEM "c" - PRESENTATION REVIEW - LOW INCOME AFFORDABLE PROJECTS Councilman Yost explained that he had requested this be agendized in response to a public comment at a Redevelopment Agency meeting relating to affordable housing and the type of facility for this community, the presentation was made by Mercy House where it sounded as if their type of housing is transitional, if not transitional then what type of housing, the questions related basically to that issue, this is merely for more information for the public. Ms. Peggy Ducey expressed appreciation for moving this presentation forward, said it is important that the Council and the public understand the type of housing that Mercy House is proposing. She offered that the wonderful thing about starting at the level of the City Council in terms of finding a site and developing a project is in fact that Mercy House can develop the kind of project that the Council would like to see rather than coming forward with a project already designed. Ms. Ducey stated they have toured the City with staff and identified a couple of potential project sites with which they will bring back to the Council with more information, she would like to make it clear that the intention of Mercy House is not to build transitional housing in Seal Beach, they operate a number of different kinds of projects, including transitional housing, yet are also involved in permanent, affordable housing, that is the intention for Seal Beach. She offered that when Seal Beach was approached and with her background in City management she is aware that cities have challenges in terms of meeting legal requirements for affordable housing as well as identifying a project that the City can be proud of, one that is aesthetically beautiful, that fits into the City, and is well managed, she would like to make it clear that the project proposed for Seal Beach is not an Emanuel House or transitional housing project for HIV victims, it is permanent affordable housing targeting single and working families, a project that would make the City proud. Mayor Doane expressed appreciation for the clarification. Councilmember Campbell stated that most people do not realize the different levels of low and moderate income families, for a family of four or five the threshold is $95,000, to her that does not sound like low to moderate housing yet that is the County threshold. A representative of Mercy House apologized if his presentation was not clear, emphasizing that their target would be low income, working families, people who are becoming self- reliant and moving forward with their lives, the history of Mercy House has been and their anticipation is to build something that is aesthetically beautiful for the City and the residents, and managed in accordance with what the City would expect. At the request of Councilman Yost for an explanation of the amount of Redevelopment Agency money that needs to be spent or risk a fine from General Fund revenue, the City Manager stated at current risk is $534,000, if the City were to reach the penalty phase it would be a $267,000 penalty, research has shown that does not come from bond proceeds rather Redevelopment Agency monies or from the General Fund, when the $1 million MPROP loan repayment is received that will trigger another period of time where that money too will need to be used. The Manager noted that I I I 1-14-02 I redevelopment law is specific as to how the setaside monies are used, a concern is the provision whereby there could be a prohibition of encumbering any funds for projects, an example would be the west end pump station and other important projects where the City could be prohibited from using any of the funds. Councilman Yost mentioned that at one time there was a mortgage subsidy program as part of the Bixby housing project where some of those funds could be used for low to moderate income housing, and asked why monies were not spent for that, it is believed it was about $90,000. The Development Services Director explained that at the time that program was being discussed it was anticipated the housing sale prices would be in the upper $300,000 to lower $400,000 range, the City subsidy would have been about $200,000 per unit based on the sales price, that was before the builder had been identified and the type of homes proposed for the property were seen, the project as approved by the City were 2,800 to 3,400 square feet, the minimum price was $550,000, that would have been a $300,000 subsidy per residential unit, the City then made a determination that with that amount of subsidy it was not practical to participate in that type of program, thus nothing occurred to subsidize units in that project. Councilman Yost asked if there are other similar opportunities to spend the set-aside monies inasmuch as they need to be encumbered by June 30th. With regard to new construction, the Development Services Director noted that the price of a single family detached home is presently about $750,000 and up, to try to write a housing unit down to about $250,000 is just not realistic, therefore it is likely that properties that currently exist, most likely multi-family residential properties would be looked at for some type of conversion, upgrading and rehabilitation of units, some may be substandard, bring them in to where they will be guaranteed as low and moderate income units in the future, that is likely the approach that will be brought back to Council with more detail. In response to a question from Council, the Director explained that the City does have a low interest loan program for the rehabilitation and upgrading of existing properties, that is basically a single family, owner occupied program primarily for homes of twenty-five to thirty years old. The Mercy House representative extended an invitation to anyone interested in working with them on this program, the intent is to design something that everyone will be comfortable with, also to visit facilities that have been done previously and observe the quality of their work. Mayor Doane expressed appreciation for the presentation. I I WAVE AWARDS Mayor Doane introduced Ms. Robin Fort-Linke, the cable PEG manager, coordinator of all Channel 3 programming, training of volunteers, a person who makes herself available to the public during the day and manages programs in the evening hours. Prior to the WAVE presentations, Mayor Doane presented Ms. Fort-Linke with the pin significant of 'Friends Helping Friends Succeed.' Ms. Fort-Linke expressed appreciation for the introduction and recognition, on behalf of the volunteers extended thanks to the City and the Cable Foundation for the continued support of community television in Seal Beach. Ms. Fort-Linke recalled the pride of last year with the announcement of the youth from the production class as the WAVE award finalists, this year there are seven finalists. Ms. Fort-Linke explained that Seal Beach Cable Television is a PEG facility, Public Access, Education and Government, the educational contribution found on Channel 53, the Coastline Community College telecourse channel, public 1-14-02 access and government programs found on Channel 3, PEG access empowers individuals and groups to use the media to educate and enrich their communities, it is television by and for the people and represents the purest form of media democracy. She described the annual conference of the Western States Region of the Alliance of Community Media, the acronymn WAVE stands for Western Access and Video EXge11ence, the conference provides seminars and workshops for members from around the country to meet, learn, and exchange ideas, at the conclusion of the conference there is an awards ceremony announcing the programs chosen as finalists and winners that represents the best in programming from the hundreds submitted. She noted that Seal Beach Public Access producers have been WAVE Award finalists or winners each year for the past eleven years, described the theme of those programs, pointed out that although production is fun it is also very hard work which these people manage to do in addition to their work, family, and other commitments, also, although a producer may individually win an award for their program it is not possible to complete their show without the help of others, they are each others crew members. Ms. Fort-Linke again mentioned that there are seven finalists this year, five are second place, two are first place, introduced Sally and Richard Parker, a first time entry for their show "Just Another Religious Program", Peter Anninos and Dr. Shawn Stewart, second place in three different categories for "Documentary Profile", "Live To Tape", and "Community Issues", in addition they placed first in the Religious Inspirational category. She continued with the announcement that the Seal Beach Bulletin Board received second in the Professional Category, designed by Russ Bowman. Ms. Fort- Linke made reference to the Pageant of the Arts at McGaugh, which somewhat mimics the Laguna Beach Pageant of the Masters, her feeling has been that the teachers at McGaugh have a unique way of incorporating art, dance, theater, and history as a way for children to learn, the coverage of the Pageant having earned first place for the Performing Arts. Ms. Fort-Linke stated that every so often the Cable Foundation Board recognizes someone who goes above and beyond or contributes in a significant way to television programming, in this instance the Board has chosen a person who is most often seen wandering the town with a video camera and taping most every local event, has been a crew member on more shows than can be counted, the same goes for the number of shows produced, was a member of the first public access training class in 1984, most recently this person produced "Catch the Winning Spirit" hosted by Pat McCormick, the current host of "Inside Leisure World", the fist person to take on the responsibility of a live program. Ms. Fort-Linke presented a commemorative plaque to Mr. Rob Roy, and Mayor Doane presented him with the 'Friends Helping Friends Succeed' pin. Mr. Stan Anderson said he too wished to thank Seal Beach TV for what they have done for the Business Association, also, the Association in turn wanted to acknowledge Officer Rick Paap for his years of community service, without public access many of the events would not have the recognition or attendance they do. Officer Paap expressed his appreciation, specifically recognizing Ms. Fort-Linke and Mr. Anninos, as producer of "Talk of the Town" Mr. Anninos has not missed a show in twelve years. Mayor Doane commended all of the public access participants, and Ms. Fort-Linke expressed appreciation to all of the producers, especially those in Leisure World, and for allowing the WAVE Award presentation. I I I 1-14-02 I GRAND JURY PROCESS Judge Makino stated his affiliation with the Orange County Superior Court, he was present at the invitation of the City Council to speak about the Grand Jury, he has been supervisor of the Grand Jury for three years, a Judge for fifteen years, a member of the Superior Court and Grand Jury Selection Committee for thirteen years. Judge Makino mentioned that the new Grand Jury is in the process of being formed, anyone interested in making application for the Jury can do so by the deadline of Friday, January 18th, encouraged people to apply, as a resident of Seal Beach in the past three years there has only been one person from this community on the Grand Jury. He noted that the Grand Jury is important to County government, it investigates County and local agencies as to what they do and can make recommendations as to how process might be improved, agencies that are subject to the reports are required by State law to reply, the Grand Jury is a body that acts on behalf of the citizens of the County and requires the agencies to be responsible as to their function as a public agency, agencies often become uncomfortable when they are subject to a Grand Jury investigation. Judge Makino explained that being a member of the Grand Jury requires full time participation, for about twenty percent of their time the Jury takes testimony for criminal indictments the remainder of time they deal with civil issues, the Orange County Superior Court Judges interview the ninety persons selected out of the applicant pool, they are broken down by the five supervisorial districts, that number is reduced to thirty, and from that there are nineteen selected through a random process, they then become the Grand Jury of Orange County, serve from the first Monday of July until the end of June the following year, if any person becomes unable to serve the remaining eleven persons from the thirty become the alternates. Judge Makino said the Grand Jury Association, those who have previously served, say it is the best experience of their lives. To a question from Council, Judge Makino responded there are no age restrictions except that one be an adult. Mayor Doane mentioned that there are a number of Leisure World residents that may have an interest in serving. Councilman Boyd noted that he had had the opportunity of spending a day with the Grand Jury while he was Chair of the Fire Authority, the diverse makeup of the Grand Jury is an interesting cross section of the community. The Judge offered that anyone interested could call the Superior Court, it is likely the application may be published on the web site, if the time is too short for this year, he encouraged people to make application next year, or if not selected in one year make application again. Appreciation was expressed to Judge Makino for his presentation. I I It was the order of the Chair, with consent of the Council, to declare a recess at 8:10 p.m. The Council reconvened at 8:18 p.m. with Mayor Doane calling the meeting to order. PUBLIC COMMENTS Mayor Doane declared the Public Comment period to be open. Ms. Shirley Conger, Corona del Mar, said she was present to speak to the Orange County Central Park and Nature Park Initiative, Measure W on the March ballot, if El Toro is to become a park it needs to be paid for, she was not certain it was in the best interest of Seal Beach to pay for an Irvine park. Ms. Conger stated she has read the initiative in full, the initiative was described by a judge as 'affirmatively misleading', the initiative changes the zoning from an 1-14-02 airport to a park, in addition it includes all unincorporated areas in the County, examples are Bolsa Chica, Puente Hills, Anaheim Hills, the description of open space is deceptive, includes landfills and buildings up to one hundred feet tall with one hundred thirty employees per acre, the measure promises no new taxes yet the text of the initiative states that they will seek funding from federal, State, and local sources and will support increases from those sources, however that is taxes so if there is to be a park that will mean extra taxes. Ms. Conger mentioned that there are persons not in support of the park yet neither do they support the airport, her belief is that the airport is in the interest of the County, it is felt that it will reduce surface traffic beyond El Taro because all of the air cargo comes by truck to Ontario or Los Angeles airports. Ms. Conger concluded with her belief that Measure W is against the interests of Orange County and Seal Beach. Mr. Bill Kearns, Costa Mesa, stated that Measure W is deceptively titled the Orange County Central Park and Nature Preserve Initiative, otherwise known as the Great Park, yet in a December, 2001 report from the Orange County auditor/ controller it was stated that 'Irvine's Great Park is not part of the initiative and will not necessarily occur as a result of its passage', the initiative states boldly that 'there will be no new taxes' yet further text states 'to fund the park requires maximizing federal, State, and local funding sources and to support increases of those sources, to him that does not sound like no taxes. Mr. Kearns offered that every credible expert that has examined the City of Irvine's grand plans for El Taro agree that building and maintaining a park will require millions of tax dollars, an Orange County newspaper calls their plan the 'Great Pork' with great amounts of taxpayer funds needed to support even the minimum ambitious use of the acreage, the Orange County Taxpayers Association and the former California Auditor General both say that the Great Park will result in a ten percent countywide property tax increase initially plus $240 million per year to operate, Irvine City Council members rejected their own park financing plan calling it overly optimistic, this will be giving Irvine and South County a park to play in while the rest of Orange County pays for it with higher taxes, this gift is interesting considering the current inventory of parks and open space in Orange County, South County now has one hundred three thousand acres of park, that includes the recent donations of Irvine and Rancho Mission Viejo, in contrast North County has only eight thousand acres of parks and open space, how much park and open space can Irvine and other communities afford to maintain. Mr. Kearns concluded that Measure W is no more than a land grab by Irvine to gain control of the El Taro facilities so that they can fill that open space with houses, highrises, and other non-park facilities. Mr. Mario voce, Seal Beach, expressed his hope that the Council not adopt the Resolution in opposition to Measure W, the Central Park and Nature Preserve, the people will have the opportunity to vote on Measure W in March, for people from out of town to urge the Council to take a position against the initiative is unkind to Seal Beach, the people of this community can make their decision at that time, to take a position in opposition is not in the best interest of the City, insults voters who should have a free choice without an official City action against this park or in favor of an airport. He would invite all voters to go to the polls in March and vote in favor of Measure W, join with all others that will be badly affected by the inclusion of another international airport, that I I I 1-14-02 I airport is not wanted or needed, open space is always preferable given the vast degree of urbanization. Mr. Voce again urged that the voters be allowed to make their decision at the ballot box. Mr. Jerry Anderson, Sandpiper Drive, offered his interpretation of two cities with regard to public comments, the City of Brea discussing methods to encourage public comments on their General Plan to the extent of even providing transportation, at City expense, for field trips to subject locations to assure that a cross section of residents come forward and participate, that can be contrasted to Seal Beach that eliminated the Recreation Department without receiving any public input, that action and the way it was done was unconscionable. Seal Beach is great because of its people, they have raised money throughout the community for such things as the pier, pool and library, grass roots fund raisers and donations, there is a wonderful volunteer program, they knew nothing of the Recreation change, to make this major change and not inform the community is unbelievable and shows no courtesy or respect. His concern too is that at least one member of the Council supports the action of the City Manager but that does not represent the will of the people. Mr. Anderson said he could not even address the potential of the City taking over a tennis facility without a department head or specific department to oversee, is it expected that the Police Department is going to run it and at what cost, recreation personnel are not paid safety retirements, if there is additional time or energy available from the Police Department it is police personnel that should be reduced because that would be a greater savings than the Recreation Department. He asked why a meeting was held after the action was taken and not before. I I Ms. Beverly Pearce, Council candidate; mentioned that she has recently received a number of telephone calls primarily about the Recreation Department perceived move and the management of that department by someone in the Police Department, one concern heard related to potential interactions for mothers and children at the Police Department, there was question if the Council had been informed of the move, if they agreed with it, that was the City's perception, if that was not the case then this should be the time to inform Council constituents of a willingness to consider other options in the future. She mentioned having received calls relating to the airport issue as well, there seems to be a lot of division, there will be a vote, the people will have an opportunity to speak to the issue prior to something happening. She said it appears that there is a difficult perception in Seal Beach at present that things happen without the people being heard, Seal Beach Boulevard comments an example, now the Parks and Recreation issue is perhaps feeding a misconception, there is an intelligent, well educated, high income group in this City, the more public input the better off the community will be. Ms. Pearce stated she found it interesting that people have been inquiring where polling places will be located, possibly people will be voting that have not done so before, that is good, and possibly with issues such as the difficult financial situation that the City faces there will be more public input. She mentioned that she has had the opportunity to meet with some of the City staff, she too believes that the City is facing financial problems, if not having a Parks and Recreation Director saves money then that may be a good decision, but that step does not automatically lead to the next step as has happened, possibly there are other ways to 1-14-02 handle the situation, if this is the best way then everyone just needs to know why, if the people believe this is a means to lead to contracting everything out with fewer and fewer City employees, her preference would be more public input and two-sided discussions so the Council can listen and explain the difficult decisions. with which they are faced. Ms. Jane McCloud, Balboa Drive, expressed her feeling that the reorganization and relocation of the Parks and Recreation Department has been a major decision, the after the fact knowledge of that has created discourse, the citizens are very actively involved in Seal Beach, they provide support, raise funds for community betterment, the pool, pier, trees, Gum Grove, etc. She recalled that at the community forum at McGaugh School this past week the City Manager confirmed that he had spoken to four of the five members of the Council relating to his decision regarding the Recreation Department, her representative was not one of the four, her concern is that none of the four offered that an immediate decision was not necessary, that there has been an alternative, and that it was time to get the community involved, publicly before the Recreation Commission and City Council, possibly the reorganization and relocation is the best decision yet the method is a personal insult to many. Ms. McCloud also recalled comment that the Manager has the authority.. to make such decisions, that is correct, her concern again is that this was done with disregard for the people, her hope is that with major decisions such as this action that there would be sensitivity and respect for the people, the pro-active citizens that the Council represent, and that the public forum will occur before and not after the fact. She recalled another comment that there would be future forums and a quarterly newsletter, her belief is that the reorganization and relocation of the Recreation Department is likely due to budgetary concerns, to her then a newsletter would be an unnecessary expense, forums are better but before the fact, a column could be placed in the local paper for free, do flier inserts in the paper or in the Recreation bulletin. Ms. McCloud asked the Council and staff to remember that the citizens are really a part of their team and that there be public input and discussions before any major changes in the future, use appropriate citizen boards and citizen groups as part of that process, involve the citizens, discuss big, potentially painful issues, listen to citizen ideas, and make final decisions face to face with the public, a pre-informed community. Ms. Sally Champlin, Driftwood, requested the Council to reconsider the recent Recreation move. She mentioned that her field is public health, worked for years in drug and alcohol prevention efforts among the youth, current research finds that resiliency and developmental assets are some of the keys to preventing youth from indulging in risky behavior, recreation provides youth an opportunity for meaningful involvement, involvement in the community, one of the few they can have, giving youth these tools to avoid risky behavior is critical, that is a part that adults play in their childrens lives. Looking back on her grown children, recreation was a big part of their lives from tiny tots to working for the Recreation Department, they taught kids to swim, participated in Girl Scouts, etc. There is currently more babies and toddlers in Seal Beach than she has ever seen, she would urge the Council to expand recreation services rather than cut them back, the Recreation Department has now been cut in half, the services and children will suffer, youth is the future, they need these opportunities for involvement. She too objects to this action and the manner in which it was done. Ms. Peggy I I I 1-14-02 I Senneff, Driftwood Avenue, agreed that the need is to expand, not cut back Recreation services, noted that her teenage children have been involved with the Parks and Recreation Department, in talking with them it appears that one out of four of their friends have either a current or recent past serious drug or alcohol problem, it is abhorent, these children and teenagers need more resources than to just say no, and with a smaller Recreation Department, especially when they reach teenage years, there is nothing else to do, Recreation should fill the need for toddlers coming up as well as teenagers to give them other resources and activities to become involved with. Ms. Carla watson, Catalina Avenue, said she speaks for the children at home in bed and for the many recreation leaders that have given countless hours to this town, for those who developed and started programs, and on behalf of future generations, this is mentioned because she is just one person who represents hundreds of people who have given hundreds of hours, to that she listed the community activities on which she has spent numerous hours. Ms. Watson said of concern to her is process, a responsibility of the City Manager as well as the Council, as a member of the Recreation and Parks Commission she stated two meetings thereof were canceled, at the last meeting where there was discussion of the Tree Committee, even though her feeling is that a decision had already been made, there was an opportunity to inform the public and within days she heard that the Recreation Department had already been relocated to the Police Department, still no meeting so she personally scheduled a meeting and informed the Manager that the Commission would be convening within a few minutes, three members met and were displeased that the Commission had not been called, not even by their City Council member. Ms. Watson recalled that the last City Manager was let go, he lived in the City and was involved in Recreation, she felt certain this would not have happened if he were here. She noted having been informed that the City paid $700,000 for two dismissed employees, she wants to know why, is that part of the impact on the budget, is that why the relocation, sacrificing vendettas in this town, the people of the town should know what is going on and how decisions are being made. I I Ms. Jane McCloud agreed with a prior speaker that the Council should not adopt the Resolution in opposition to Measure W, the Park initiative, that should be left to the voters. Mr. Stan Anderson, Seal Beach, expressed his hope that those present who have been volunteers will support the Recreation Department, there are many who have volunteered their time, himself included, it is important that all be team players and work with the City, it is surprising that some of the people did not know about the Recreation Department move yet at the same time it is a budget issue where there needs to be some adjustments, this involves some attrition, the saving of the salary of the former Director, the Police Captain will be good working with Recreation, their moving down the street does not make a big difference. He noted that there are many who are active in this community, he has personally worked with the youth in this town, as to where the youth of today are going it is the parents that are involved in that, the people should work with Recreation to support some of their projects, a good job has been done with the skateboard park, a well run program, people should support the Council with some of their budget needs, his feeling is that time should be allowed to see how this move will work, maybe this is a good thing, maybe work to do a better job with the staff the 1-14-02 City has, the Recreation Department has previously run without an executive director and it ran well, no one complained then and he feels it can be done again, and if it saves some money that is good, maybe there is a need for more volunteers and everyone be team players. Ms. Quinn Ruvacava stated she runs the tennis programs for Seal Beach, that she only found out about the reorganization when she received her contract, some of her students mentioned it too, then made reference to a comment in the local newspaper that the services would not be cut, her feeling however is that the services are already being cut, there is no one available for registration at all times, she only received her registrations this evening, the second week of classes, that affects how she runs the tennis program, maybe not fill the Director position but have someone available on a daily basis. Ms. Ruvacava said she was present on behalf of her students and clients. Mr. Gordon Shanks, Surf Place, noted that a lot has been heard about education, getting people involved, a forum, getting information out, it does not happen in the Council Chambers and this is likely not the place, this is where decisions are made, unfortunately cities in suburbs do not get the type of newspaper coverage that one would have in a remote community where the newspaper has only that city to cover, that is a weakness, it has always been a problem, and will always be there. He said in an effort to try to improve what is happening in Seal Beach, not only the Recreation Department issue, but the DWP property, Boeing, the College Park East tennis courts, that besides not having money to do the things that are wanted, an attempt is being made to get a forum going by reinstituting the Seal Beach Homeowners Association, the gruop will convene at the Mary Wilson Library Senior Center, not be isolated to just Old Town and the Hill, at these meetings questions can be posed to members of the Council as well as City staff, the meetings will be scheduled for the last Wednesday of each month, January 30th and February 27th from 7:30 p.m. to 9:00 p.m. the first two. The Measure W issue for the March ballot could result in a debate as an example, as not everyone believes that a park would be the best use, there will be an attempt also to have one or two members of the Council present as well as departmental directors from time to time. Ms. Audrey Hauth, Catalina Avenue, asked that the Council reconsider the move of the Recreation Department to the Police Department, Recreation does not belong at the Police Department, it is important to keep the Recreation Department in tact, important to the youth of this City, the main asset. Ms. Hauth mentioned that the City Manager has only been in the community for a short time, an outsider, he does not know the people, how could he talk the Council into this action, to that she said they are Seal Beach people, they care about the City, and she wants the Recreation Department reinstated as it was because the youth are important. Mr. Ralph Reece, Seal Beach, noted an earlier mention of the need for affordable housing, to that he stated that the First united Methodist Church, one of six churches in the Long Beach area, is cooperating in the building of a Habitat for Humanity House, he wishes there could be one in Seal Beach, the City of Long Beach gave the property, the family has been selected, they are in the process of raising funds to build the house in the spring. Mr. Reece stated they need to raise $100,000, one person has given all of the material for the roofing, another all of the flooring materials, Ruby's has been cooperative and there will be another fund raiser at their restaurant in the spring, and extended an invitation to anyone who may want to donate property or funds. Mr. Les I I I 1-14-02 I Hauth, Catalina Avenue, said he knows that some members of the Council feel as he does that change is difficult, now it seems the City is changing and without the people knowing why it is being changed, that nas happened with the new Manager, change may not be so difficult if it is known in advance, there are ways of doing this, change can be handled even though it may not be easy, so why not consider the alternatives to help smooth over the change. There being no further comments, Mayor Doane declared Public Comments closed. COUNCIL ITEMS ARCHAEOLOGICAL ADVISORY COMMITTEE Councilman Boyd requested that this item be held over until the next meeting. It was clarified that appointments to this Committee are not required to be from the Council district. I REORGANIZATION - PARKS/RECREATION/COMMUNITY SERVICES DEPARTMENT / DIRECTOR POSITION Councilman Yost stated he requested that these issues be placed on the agenda in an effort to let the public know why these services were relocated to the Police Department. There have been people who have expressed concerns with registration at the Police Department, explaining one alleged situation, yet this change has been in place for just a couple of weeks, a concern too is that the Council is not to interfere in the administration of the City rather gives direction to the City Manager, his intent was to seek input from staff as to why this had to happen, he understands not filling the Director position for financial reasons, yet he thought that direction at the prior meeting had been to bring back various options to the Council. as to what was doable financially within the budget that the Council could review and then make decisions, how Recreation would be more efficient if relocated, in the meantime decisions have been made, with that he is uncomfortable. The City Manager stated the first issue is the reorganization, not the sole reason but part of it was the fiscal issues facing the City, there has been a lot of discussion about making people aware of the financial situation. The Manager explained that the deficiencies being faced in the upcoming budget year and the following year ranges between $578,912 to $1.3 million, in addition there is the utility users tax which is a separate issue for which staff will prepare scenarios, the loss rate is potentially from a half percent or $167,000, three percent is $1.0 million, a five percent loss is $1.7 million, the Motor Vehicle In-Lieu fees are $1.3 million, the Governor says he will not take that but that mayor may not occur, in the worst case scenario that would be $4.3 million, that is an important impact as to where the City is currently. To a comment from Council, the Manager confirmed that this is reoccurring revenue loss, the direction from Council was to match reoccurring revenue loss with reoccurring expenditure cuts. Councilmember Campbell asked if there should be another review of the ERAF takeaway of 1992 that is $4 to $5 million per year, to that the Manager noted that that just compounds the current situation. The Manager said some of the issues with regard to maintaining the current organizational structure is that there is not a lot of flexibility, it does not meet City Council goals, many of those goals were if the City was being efficient, doing things effectively, run the City more like a business, manage personnel better, streamline, although very important City employees are costly, there is no ability to generate cost I 1-14-02 savings with the current structure, and then the financial forecast, compounded with this is two other items that are impacting the organization, there is $36 million in unfunded but identified capital needs, the other is meeting the new regulatory requirements for water quality and sewer, this is moving to a zero tolerance for sewer spills or stormwater runoff, those permits are coming forward and they affect the City whether Seal Beach is being a good citizen or not, the City will be opening itself up particularly with regard to the waste discharge requirements on the sewer side, the presumption is that the community is guilty and will need to prove itself innocent, the fines are significant, the County is saying administer the program, the costs will rise, the cost of getting projects done will be more. The Manager said the question is how can current services to the community be maintained, programs will remain the same, classes will remain the same, aquatics programs the same, at present there are some issues of transition, staff is trying to achieve cost savings through attrition, the most low risk way of cost savings is through reorganization, if people were to be laid off there is guarantee that there will be workers comp claims, and to pay people out is not a good situation. There needs to be more opportunities for innovation and flexibility, since this reorganization occurred there have been some staff motivated items, one being looked at is taking recreation to the clients, get recreation to the people at the pool rather than having them come to City Hall, with the cooperation of the City Clerk registration can still be done through City Hall, the Clerk will take those registrations, also, within the Recreation brochure the policies state that in order to process registration more efficiently the Department encourages and prefers mail-in registration, mail-in, fax-in, walk-in, for some time that goal has been pursued, there are also weaknesses within the current organization structure from a technology standpoint such as flexibility and customer service standards. Some advantages of the reorganization is that certain changes have been made in the Public Works Department to increase the water quality efforts to meet the regulatory requirements, this will give some flexibility and address some of the Council goals. with regard to some of the changes through the reorganization, in the Development Services Department there were two retirements, those people were not forced out, he has heard comments that possibly one of the current employees will be forced out yet to that a declarative statement has been made that that is not going to occur, the effort is to come up with a hybrid because it is known from building inspection situations that there may not be the degree of need in a year or two, there were eight hundred forty permits issued, that encompasses all types of permits not just building permits, yet the City needs full time employees, with a contract relationship however the City can get a quarter of a person for whatever position is needed, that is being worked on. One of the things looked at was whether an effective job was being done with Recreation from a facilities, maintenance, parks perspective and how the overall effectiveness could be increased, to a concern whether the City was doing its best with capital projects, a concern was with the tennis center it was realized that funds were short by about $1.6 million of estimated costs, having only $1 million, maintenance needs were looked at, in 1999 a State law was passed that said agencies shall inspect and identify problems with playground equipment with a certified inspector, that had not been done by the deadline of 2000 and was not realized until the Interim Director was in place, I I I 1-14-02 I that audit is now done, there are significant problems with how the recreation facilities are being maintained, with that there was a conscious decision to move that function back to Public Works so that the engineering staff could commence working on this, one of the key things that needs to be known is how much it costs to maintain a park, or what it will take to deal with Marina Center or the tennis center, the engineers are working through some scenarios, therefore trees, recreational facilities and capital projects were moved back to Public Works where they will be more effectively handled. The Manager confirmed that the recreation offices and functions were moved to the Police Department, it needs to be made clear that police officers will not be handing out recreation equipment, it is the management component that was being looked at, there are two good recreation supervisors yet they need a manager, and emphasized that recreation services are not being dissolved merely relocated, the activities will remain unchanged, some deficiencies within the department need to be corrected, the transfer of facilities, trees, etc. back to Public Works then made it unnecessary to fill the director position which would result in a director supervising two supervisors. He noted that possibilities are foreseen to enhance class registration through taking registration to the public, registration on- line, special events are processed by Recreation and to have the Police Department involved early is a positive thing in that that Department provides a support function which is a critical aspect of improving the special event permit process, in turn that provides another opportunity to expand community policing, and allow interaction with youth. In response to Council, the Manager confirmed that the public will have the opportunity to register for classes at City Hall, the Police Department, by mail, FAX, and eventually on- line, the intent is to make registration. available to the public wherever. Question was posed that if a registrant has questions what facility is available without sharing a waiting room with a police function, to that the Manager pointed out that the supervisors will be available, their schedules will be reviewed to assure that during registration periods the department will be staffed more frequently. The City Manager explained again that until moving the department location there would have been a Recreation Director at $108,000 managing two full time supervisors, it made no sense in that the supervisors were doing very effective work, more centrally located registration was a consideration. He acknowledged that there will be some transition issues, requested that consideration be given to allowing a year to make the relocation work, if after that period of time it is found the Department is not going in the direction desired it can be reconsidered, in fact the entire structure of the organization is being looked at as time goes on, .yet nothing is cast in concrete. I I Councilman Boyd noted public criticism of the Council for not stepping into this issue, yet pointed out that City Charter Section 406 directs that neither the Councilor any of its members shall interfere with the execution of the City Manager's powers and duties, the people approved the Charter, the people asked that the Council represent them, and when the City Manager presents a plan the Council needs to say either yes or no, the question is then is it within the powers and responsibilities. With regard to internal' communications, given the understanding that one member of the Council had some concerns in that regard, it has been discussed previously as to how the City Manager briefs each 1-14-02 member of the Council on matters of importance to the Council and their constituencies, those are issues for the Council to work through, in this case the Manager has presented a clear plan, if concerns remain then those need to be addressed with the Councilmember or the City Manager, maybe give this some time to work, there are members also that understand the financial challenges of the City for the upcoming year and have given the Manager leeway to do his job. Councilmember Campbell pointed out that there are hard decisions that will need to be made, sometimes there will be people that are not happy, in this case she did speak with her Recreation Commissioner the day of their meeting, this was discussed, there was no problem with it when the issues were known, no concern was expressed at the town hall meeting at the North Seal Beach Community Center, with the Manager's response to one question that no programs would be cut there was no further concern, when the tennis club comes forth the intent is to hire an on-site manager due to the way it will be structured, also, the relocation of the Recreation Department is more convenient for the residents of her District, sixty percent of this City is north of the freeway, this was a decision for the City Manager, and noted that in most civic centers the Police Department is adjacent to the City Hall. Councilmember Campbell objected to some of the comments from the public, questioned how long one has to be in the City before being considered one of the community, recalled being told she could not register her children for swimming lessons at McGaugh because she lived way up in College Park East, in the case of the City Manager he has lived in the area for nearly a year, bought a home, and has become a part of this community, he also understands the community much more than some think, he needs to be concerned with all five Council districts, not just the Hill and Old Town, which is represented by the public presence at this meeting, also recalled a comment by a College Park East resident that the area was not felt to be a part of the real Seal Beach, to that she requested that nothing be said that makes the community more divisive, the Council is elected by district, not at large, and sometimes that becomes territorial and emotional. This change was proposed by the City Manager, he briefed the Council and she has no problem with the change. Councilman Yost objected, stating he was not consulted. Councilman Boyd noted that there is a process, the Manager proposed that a change be made in this case, agreed that Councilman Yost may not have been adequately briefed, there have been discussions however, this is a matter for the Council as to how things take place between the Council, City Manager, and City Attorney in attempts to make decisions in the best interest of the public, this change has been made, it needs to be lived with for a period of time, if it does not work a reverse change could be made, the Manager has listened to members of the public, has asked for some time, and is trying to do a good job for Seal Beach. Councilman Larson said the problem to him seems to be communication and forum, that could possibly have been better and it is hoped it will be in the future. Councilman Yost mentioned that it was said no programs would be cut, yet the Department is now cut in half, there is no Director, if there is no Director is there really a Department, there are two supervisors, and no secretary as that person has been moved to Public Works, half the people yet stated no programs are being cut, how will that transpire. The Manager responded that as this is worked through everything that those persons do is being looked at, do they. do it effectively, what and why, it is believed that there is capacity between the two supervisors to be able to I I I 1-14-02 I do more, as far as the Director position everyone will help, he is impressed with that already, again, a large part of this is the transfer of facilities, trees, etc. back to Public Works, an example is the concern with a tree inventory yet that has been accomplished by the Public Works Director in less than an hour based upon a disk provided by the contractor, from those standpoints it was not felt the Recreation Director was necessary. Councilman Yost conveyed a personal experience of wanting to sign up for a program, desiring to talk to someone, and at the Police Department what type of facility is being provided those who have an interest in and questions relating to recreation programs, a conference room possibly, or will the waiting room be shared with individuals being discharged as was the situation in the case of his family. The Manager noted that Recreation does have an office area, if there is concern the Supervisors will be directed to meet with the public in their office, and again, the intent too is to have the supervisors out in the community where their clients are. Councilman Yost said if the object was to get registration closer to the various population areas why not install a drop box at the Police Department and leave the offices at City Hall. .The Manager explained that there is still the managerial function, who manages the supervisors and oversees their shifts, what they are to be doing, he personally has ninety-four employees to oversee, from a managerial function this works better at the Police Department location. Councilman Yost asked what type of benchmarks are going to be used to ensure that services are not decreased and what will it take to convince that this was not a good move on behalf of the citizens and children of the town. To that the Manager reported that everything is being evaluated constantly, this will be evaluated in a year, look at the programs, if there is a dropoff, if so then why, what programs and innovation have they done, the intent is to move towards benchmarking citywide, install certain performance measures, he has question with the hard data that is collected to know if the services are being provided, how many registrations there are, were they mailed, FAX'd, e- mailed, etc. Councilman Yost claimed that in the past he has seen that when the goal was to make things unattractive for people to have them leave by attrition their move has been to the Police Department, and asked if that is the intention in this case. The response of the Manager was that as he had mentioned these are fine supervisors, he did not recall banishing anyone to the Police Department, in any case attrition is preferred. Councilman Yost agreed that attrition is indeed preferred, also, since outsourcing was mentioned, stated that one of the strengths in this town is that the employees work here also live here, they take pride in their community, are observant, available, are worth an incredible amount, he would have great difficulty outsourcing the City Hall and become a faceless means to provide services, he will be interested in looking at the bench marks to see how the services to the community are being evaluated, his fear is that the services will not be provided or will be cut, no accountability, and even though an initial cost saving may be acceptable thereafter the costs will increase substantially. The City Manager stated he shares the concerns with contracting, in some instances it makes good sense, in others it does not, and in some instances a hybrid organization is the most effective, contracting will be looked at on a case by case basis, an example is the placement of the pavers on Main Street, that is being done in-house because it is more cost effective, it is not cost effective with a contractor because of the need to pay I I 1-14-02 prevailing wages, he would never recommend wholesale contracting, in many cases it is not cost effective, particularly in emergency situations, loss of control, yet in other instances it makes good sense especially where there is a variable demand rate, the Building Department an example where permits may be up one year, down the next, and if a full time employee is hired they are here for life. Councilman Boyd recalled that one of the goals for the City Manager was to run the City more like a business, he would suggest that along with the registration for recreation class during the next year that a survey be provided that would determine ease of registration, cost effectiveness, types of programs, the fact is that the Recreation program is subsidized annually by about $850,000 of General Fund money, that shows that Recreation programs do not pay for themselves, there needs to be a value determination to be able to deliver what the consumer wants. Councilman Yost countered that the classes do, it is the pool and personnel that are not covered, and noted that the pool was recently refurbished totally with volunteer money. Mayor Doane noted that the Recreation Department includes Community Services, .that means special events as well, and he, as an associate member of the Seal Beach Chamber of Commerce, said these types of things are discussed, there is one positive issue with this move, special events are a large part of that Department and they can not be done without police participation, that is a recognized savings and an immediate coordination, again, the public needs to be patient and if this does not work something else can be tried. Councilman Larson offered that there are a number of things that are not going to work, his District as an example has only one park therefore all of the money goes to other parks, his concern is that there are dangerous conditions in the parks and by law that needs to be corrected. He noted that at this meeting the issue is recreation, last meeting the issue was tree trimming, street sweeping, and sidewalk repairs, all of these things need to be balanced, that is why there is a budget process, at some point this City is going to be sitting on the brink of financial disaster, he is in favor of reducing the utility tax, that will be about $1 million, it needs to be addressed at one time or another but if people continue to come in support of this program or that program without recognizing that there is no money to do them, that will be a real problem, adding however that he is in favor of as much public input as possible on any City projects. Councilman Larson expressed his desire that people attend the budget discussions and with understanding, the Council will need to make some very hard decisions, he will likely not have the support of the utility tax reduction by three percent, the question is then where is the City going to raise $1 million, the City does not have the benefit as does the Governor to sell bonds to make up a deficit budget. He is concerned about his District as well, on the east side of Seal Beach Boulevard there is nothing but weeds and sprinklers from which there is no water, in the budget he is going to insist on getting his one-fifth share of the money for that and to construct a divider down Seal Beach Boulevard. Councilman Yost again expressed his concern, said he did not want to wait a year to readdress this issue, to him it seems that moving the location of Parks and Recreation does not work well, it is hoped there will be benchmarks soon to fix the situation before it is a real problem, his preference would have been to wait until the budget hearings to make such major changes, after looking at where revenues are coming from and expenditures are going. I I I 1-14-02 CONSENT CALENDAR - ITEMS "G" thru "S" Boyd moved, second by Yost, to approve the recommended action for items on the Consent Calendar as presented, except for Item "I", removed for separate consideration. I G. 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. H. Approved regular demands numbered 35595 through 35971 in the amount of $2,036,124.37 and payroll demands numbered 14375 through 14669 and 927721 in the amount of $350,582.92, and authorized warrants to be drawn on the Treasury for same. J. Received and filed the Monthly Investment Report for October, 2001. K. Adopted Resolution Number 4972 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING FISCAL YEAR 2001/02 BUDGET", (Capital Projects, Transfers). By unanimous consent, full reading of Resolution Number 4972 was waived. I L. Adopted Resolution Number 4973 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT FOR THE GFOA CAFR AWARD PROGRAM APPLICATION FEE." By unanimous consent, full reading of Resolution Number 4973 was waived. M. Adopted Resolution Number 4974 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT FOR FEE INCREASES", (armored car service and water meter reading software maintenance). By unanimous consent, full reading of Resolution Number 4974 was waived. N. Received and filed the Comprehensive Annual Financial Report for fiscal year ending June 30, 2001. O. I Denied the claims for damages of Mr. Michael Magaldi for invoices and services rendered, and referred same to the City's liability attorney and adjuster. Denied the claim for damages of Arrow Stowers, and referred same to the City's liability attorney and adjuster. Denied the claim for damages of Tiffany Wiles and John Wiles, and referred same to the City's liability attorney and adjuster. 1-14-02 P. Bids were received until December 20th at 10:00 a.m. for College Park East and Old Town Sewers, Cleaning, Inspection and Video Taping, Projects numbered 50039 and 50040, at which time they were publicly opened by the City Clerk as follows: National Plant Services, Inc. Empire Pipe Cleaning and Equipment, Inc. Kenny Manta Industrial Service $ 89,511.50 I 97,820.00 112,340.00 Awarded the contract for Cleaning, Inspection and Video Taping of Old Town and College Park East Sewer pipelines to the lowest responsible bidder, National Plant Services, Inc. in the amount of $89,511.50, and authorized the City Manager to execute the contract on behalf of the City. Q. Awarded the annual maintenance contract for water wells and water pumps in conjunction with Bolsa Chic a Station Improvements, Project Number 50074, to General Pump Company, and authorized the City Manager to execute said contract on behalf of the City. R. Adopted Resolution Number 4975 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 #50088, LAMPSON AVENUE WALL REMOVAL, ENTERED INTO BETWEEN WEST COAST CUTTING, INC. AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4975 was waived. I S. Approved the minutes of the August 13, 2001 regular adjourned and regular meetings. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I" - RESOLUTION NUMBER 4971 - ORANGE COUNTY CENTRAL PARK and NATURE PRESERVE Councilman Boyd noted that the proposed Resolution is in opposition to the Orange County Central Park and Nature Preserve Initiative, yet comments from the public pointed out that this does not approve or build a park merely changing a zone to stop an airport use of El Toro, his personal opinion is that El Taro would make a good airport with fourteen thousand acres of buffer, he does not want an airport at the Seal Beach Naval weapons Station, he would believe that the residents of Seal Beach would far prefer that a park be built at the Weapons Station rather than at El Toro, therefore if he were to support a park it would in Seal Beach not forty miles away in South Orange County where they already have one hundred three acres of park. Councilmember Campbell stated this is an issue of importance to her. She mentioned that the Council serves on boards and commissions in the County, receives considerable data that the public does not necessarily have access to, recalled having attended the Airport Site Coalition meetings over ten years ago, once a I 1-14-02 I month for over a year, the intent was to find an alternate site to the John Wayne Airport, everyone wanted El Toro however that was a marine base at the time, about two dozen sites were suggested, that reduced to eight sites, the top four made the news, one was Christionitos Canyon, the group voted it off yet it kept reappearing, at that location the airport flight pattern was situated in such a way that the planes would take off in a southerly direction, when airborne they would bank to the west over the ocean, the problem was that two miles ahead was San Onofre, built to withstand the crash of a 747. The next four sites were an airport off of Huntington Beach called Huntington Flats, another off the coast of Bolsa Chica, Bolsa Bay, another was the Seal Beach Naval weapons Station, another at the end of Seal Beach Boulevard in the harbor, Seal Beach Boulevard ceased to be a City street rather a freeway exit from the 405 to either the Weapons Station or the airport in the harbor, to her that was frightening and at that point her residence was under the runway approach, those four sites are not acceptable, the quality of life in Playa del Rey is what Seal Beach would be. She explained that as the meetings progressed the sites that remained on the list became more developed on paper, and upon seeing that she questioned what then would happen to Seal Beach, Leisure World, College Park East and West, Old Town, the Hill if the site were to be the Weapons Station or the harbor off Seal Beach. Then came Measure F, that failed because no one campaigned for the airport, South County cities contributed hundreds of thousands of dollars to the campaign yet they in turn filed suit to stop the County from lodging a campaign to let the people know what Measure F was about. The residents of Seal Beach as a whole voted against the airport, those in College Park East voted for the airport, she made people aware of the facts through her newsletters. She mentioned that there is a person in Newport Beach that writes editorials in support of an airport at Los Alamitos/Seal Beach Naval Weapons Station, that because there is five thousand acres on the Weapons Station, thirteen hundred on the air station, the problem being that there is a three hundred acre tract of homes in between, to that his comment was that someone will need to be inconvenienced. In ten years South County will be built out, they may not need the airport today but they will in ten years, if they do not have it their choices will be Ontario and Los Angeles International, LAX is expanding yet only to meet their needs. What is going to happen to the 405 Freeway, CalTrans wants to widen the 22 from the 55 or 57 to the 405 and 605, Seal Beach has been notified that they want to take six houses in College Park East, more recently they want another fourteen, that because they thought that the City had the easement on the south side of the freeway, the north boundary of the weapons Station, it does not, that is military property, the Base commander has said he does not have the authority to grant those easements, that would necessitate going to the Department of Defense to get such easements granted, the easements are not inside the arc rather under the service road, if the easements are not obtained they will take property from College Park East. In ten years when South County is built out they will be able to put an airport anywhere they desire, El Toro is five thousand acres with a fourteen thousand acre buffer around it that is totally undeveloped. The Millenium Plan calls for the runways to be reconfigured in a "V" shape, the aircraft would arrive from the north rather than taking off to the north over Lorna Ridge, over no houses, they would takeoff to the southwest over the Newport coast again with no houses, even though they I I 1-14-02 want to build on the Newport coast by the time aircraft fly over it they will be at seven thousand feet. Councilmember Campbell explained that there is a vortec over the southern part of the Los Alamitos air station, every time a plane takes off from LAX and over the ocean it either goes to the north or to the south and to the south it goes over the vortec which lets the pilot know he is on target, that is called the Seal Beach vortec. She again cautioned that if El Taro is not saved there will be an airport in this area in ten years, land will be so scarce that the five thousand, thirteen hundred and three hundred acres will be very inviting and doable, the people in this area will be out- voted, have nothing to say, in South County there is one hundred three thousand acres of park, North County has about eight thousand, the El Taro airport is needed otherwise the quality of life in Seal Beach will be gone, Seal Beach is not only vulnerable but expendable. She noted that the Resolution proposed is not in opposition to the Great Park Initiative, just to the Great Park. I Councilmember Campbell moved to approve Resolution Number 4971 entitled "A RESOLUTION OF THE COUNCIL OF THE CITY OF SEAL BEACH OPPOSING THE ORANGE COUNTY CENTRAL PARK AND NATURE PRESERVE." Councilman Boyd seconded the motion. Councilman Yost stated he had been swayed by the public comments, that the voters should have the right to make the decision on the ballot initiative. Councilman Boyd deemed the initiative to be poor government, there should be more self interest in Seal Beach about building a park on the Weapons Station not in South Orange County, there are five thousand acres on the weapons Station, three thousand of that is active habitat and wetlands, that is what should be preserved, not forty seven hundred acres in the middle of Orange County that Seal Beach residents will have to pay for and are likely not going to use. Councilman Larson expressed his feeling that he does not want the park nor the airport, he will vote no on the motion, his belief is that there is not enough money to buy the land to develop an international airport. Councilman Boyd suggested tabling this item, and withdrew his second. Councilmember Campbell explained that the federal government is giving the County the land for an airport not for a park, of concern is that in ten years if they close the Base the land could be given to the County then the County becomes the Local Reuse Authority, her motion is to approve the Resolution which does not oppose the Great Park Initiative just fights the Great Park. Councilman Boyd reinstated his second to the motion. I AYES: NOES: Boyd, Campbell, Doane Larson, Yost Motion carried PUBLIC HEARING - RESOLUTION NUMBER 4976 / AMENDING SEAL BEACH BOULEVARD UNDERGROUND DISTRICT 99-1 Mayor Doane declared the public hearing open to consider an amendment to Seal Beach Boulevard Underground District 99- 1. The City Clerk certified that notice of the public hearing had been advertised and mailed to the affected property owners as required by law, and that no communications were received either for or against this item. The Director of Public Works presented the staff report, explained that the Hellman development has requested that they be removed from the Rule 28 District so that they can fund and accomplish the required undergrounding by the conditions of development, the proposed Resolution will I 1-14-02 I remove their frontage from the District. He confirmed that this will provide undergrounded utilities for the new development, that is a requirement of the Development Agreement, instead of being part of and being reimbursed by the Rule 28 program, they will underground their district before any releases will be given on their development. Councilman Yost sought to confirm that there would be no changes to the underground project in total as a result of this action, and potential for liability. The Director responded that everything will be the same except that they will do the work, with regard to liability Hellman will need to obtain permits from Edison as the regulatory company that will oversee their work as well as permits from the City in order to do the undergrounding, as of exposure to the City should the work not be done in accordance with specifications or should there be a problem would the City be liable at some future time, the Director responded not to his knowledge, bonds will be required as well. Councilman Larson offered that it is likely to be the same contractor doing the work whether they or the City pays. I Mayor Doane invited members of the audience to speak to this item if desired. Mr. Ken Kroft, Crestview Avenue, indicated his support of undergrounding, and inquired if the undergrounding will go to Electric. The Director explained that the current boundaries of the District go to Electric Avenue, the City is working with Edison on the total cost, the project was delayed when Edison had financial difficulties, all Rule 28 projects were shelved, in the past cities could borrow against Rule 28 monies, the City is again working with Edison to determine what the final decision is to include the entire project from Electric to the Hellman project. Councilman Yost mentioned that there is a certain percentage of the utility bills that is set aside for under grounding yet there are certain rules as to where and when those monies can be used, projects must be on major thoroughfares, initially the City would have funded the project through its Rule 28 funds and Hellman was to pay for the area fronting their project plus some additional funds for landscaping as a result of being allowed to develop and change their zoning. Mr. Kroft questioned prior discussion of undergrounding the lines between the Crestview homes and Gum Grove, and if there is an opportunity for that, there may be cost considerations, but there is a potential fire hazard that those lines pose adjacent to the eucalyptus trees, there was discussion too of a possible wall between Gum Grove and the homes. Mr. Dave Bartlett, representing Hellman properties, stated they look forward to undergrounding those facilities and improving that area of Seal Beach Boulevard as well as some of the other Development Agreement obligations which are important to the City, the dedication of the Park, completion of the median improvements on the Boulevard, upgrading the signalization at Forestal, and providing a level of funding to the Gum Grove Park group for restoration purposes, they look forward to fulfilling those responsibilities and obligations, also having the lowlands acquired by the wildlife Conservation Board which appears may be the first or second quarter of 2002, the appraisal reports having been completed and accepted by both parties. With regard to the lines between the homes and Gum Grove, Mr. Bartlett noted that they are not on Hellman land rather on private property, suggesting that an assessment district for those homeowners may be of interest to them. There being no further comments, Mayor Doane declared the public hearing closed. I 1-14-02 / 1-28-02 Boyd moved, second by Yost, to adopt Resolution Number 4976 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING SEAL BEACH BOULEVARD UNDERGROUND UTILITY DISTRICT 99-1 ON SEAL BEACH BOULEVARD TO BE FROM A POINT 1931.92 FEET SOUTHERLY OF THE CENTERLINE OF ADOLFO LOPEZ DRIVE TO ELECTRIC AVENUE." By unanimous consent, full reading of Resolution Number 4976 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I C~TY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. COUNCIL COMMENTS Councilman Yost spoke in support of reinstituting the Seal Beach Homeowners Association and the hosting of a candidates forum that CATV 3 will cover. He asked also to place on a future agenda the additional residential homes at the Bixby development for consideration as low to moderate income units. Staff advised that those lots are being sold. Councilman Boyd noted the upcoming election of March 5th and thanked those supporting his re-election. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until January 28th at 6:15 p.m. By unanimous consent, the meeting was adjourned at 10:14 p.m. I ~ icio clerk Beach Attest: Approved: Seal Beach, California January 28, 2002 The City Council of the City of Seal Beach met in regular adjourned session at 6:15 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