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HomeMy WebLinkAboutCC Min 2000-02-14 1-24-00 / 2-14-00 ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 8:31 p.m. clerk I Approved: ~ Atteslc: Seal Beach, California February 14, 2000 The City Council of the City of Seal Beach met in regular session at 7:04 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. The Mayor offered that this meeting would be dedicated to the memory of Virginia Doane" wife of Councilman Doane. I ROLL CALL ,Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absen1: : None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Ms. Beard, Director of Recreation and Parks Ms. Arends-King, Director of Administrative Services Mr. Dorsey, Assistant to the City Manager Lt. Pounds, Lifeguard Department Ms. Yeo, City Clerk WAIVER OF FULL READING Boyd moved, second by Campbell, to waive the reading in full of all ordinances and resolutions and that consent to the waivel~ of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried 2-14-00 PRESENTATIONS I ORANGE COUNTY WATER DISTRICT - SUPPORTING PROPOSITION 13 / RESOLUTION NUMBER 4782 In the absence of Mr. Philip Anthony, representative of the Orange County Water District, Councilman Boyd noted that proposition 13 is,the,,Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act, this Act would make new monies available to the City, like Proposition 12 it is also designated for wetlands and tideland restoration, and increases available drinking water. Sixty percent of the bond would come to Southern California, provide $235 million for the Southern California watershed program that was developed by the Santa Ana Watershed Project Authority, and $35 million for the groundwater replenishment system project of the Orange County Sanitation District, as well as funds for wetlands, approximately $134 million available to Orange County agencies to compete for loans and grants for watershed protection, pollution control projects, etc. Boyd moved, second by Snow, to adopt Resolution Number 4782 as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I Mayor Yost noted that Proposition 13 is complimentary to Proposition 12 which has gained considerable local support, if approved the San Gabriel River Conservancy will realize $25 million and the Coastal Conservancy $100 million, both have support of the State legislature, and it was disturbing to see the Long Beach newspaper takeoa stance in opposition. SAVE OUR POOL DONATION Mr. Joe Harris of the Seal Beach Union 76 Station said he was honored to make a donation of $588.95 to the Save Our Pool Fund, he felt considerably more gallons of gas was sold due to the fact that people were supportive of donating a small amount of their gas purchase towards the refurbishing of the pool. The Recreation and Parks Director accepted the donation with appreciation and made mention that the pool renovation has begun. I SAVE OUR SEALS CAMPAIGN Mr. Steve Masoner noted that a letter had been forwarded by his wife, Kim Masoner, to the Council relating to the Save Our Seals campaign, mentioned that the Save Our Seals effort ties in with both Propositions 12 and 13, the water quality issue in Southern California is quite alarming as to what has happened and continues to happen where the beaches and waters can not be enjoyed as they should by both residents and tourists. The Save Our Seals effort is foreseen as a long range project that ties in with the Sierra Club and a coalition of environmental groups that are behind a campaign that starts in April on Earth Day to protect twenty percent of the coastline by the year 2020, a natural event whereby if the water quality is restored the seals will return on their own. Mr. Masoner pointed out however there is concern by some with the idea of a floating aquarium, that is a proposal that would provide rehabilitation for injured animals, and moveable upon inclement weather or high seas, there would be no possibility of damage to the pier, measures would be taken to prevent something from running into the facility, some people have taken this as an effort to put seals on the beach. This is a grass roots effort to involve many people, in concert with the City to clean the beaches and rivers, it 2-14-00 is no.t intended to displace fishermen or cause harm to any group:s, rather, work in concert with them, the floating aquarium would also serve as a tourist attraction for visitors who in turn will spend tax dollars, that a benefit in th,~ short and long term. Mr. Masoner requested support from .the Council for this effort. APPROVAL OF AGENDA Mayor Yost requested that Items "G" and "M" be removed from the Consent Calendar for separate consideration, and Councilmember Campbell pointed out that the second Public Comment period should be after Item "U" and Council Comments should be after the City Manager report. Boyd moved, second by Doane, to approve the order of the agenda as revised. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried PUBLIC COMMENTS Mayor Yost declared Public Comments open. Ms. Jane McCloud, Balboa Drive, directed her comments to proposition 12, mentioned the pollution of the San Gabriel River, stated however that it is this time of year, the rainy season, when other contaminants and litter rise to the surface, then appear on the beach. Ms. McCloud offered that if everyone in Seal Beach were to support Proposition 12 there could be a large source of money for which application could be made for grants for use to not only clean the River but stop the contffinination of the.beach, for the Hellman wetlands, possibly Bolsa Chica as well as that development will have considerable impact on Seal Beach. Ms. McCloud urged all to vote on March 7th and in support of Proposition 12. On behal:E of the management of the Old Ranch Tennis Club and the Tennis Board of Governors, Ms. Marina Stinson announced an Open House to be held at the Club on February 19th in recognition of the club's thirtieth anniversary featuring a Challenge with Mayor Yost, an exhibition by the Los Alamitos High School Team Players, instruction by professionals, a radar fast serve contest, and one point tournament. Ms. Dorothy Whyte, College Park East, mentioned the comment of a prior speaker with regard to traffic impact from the proposed Bolsa Chica project, to that she mentioned that if Measure M does not pass there will be further traffic impacts in Seal Beach however the Council does not recognize that. Ms. Whyte repor1:ed being contacted some months ago by a firm in Philadelphia conducting a survey relating to the referendum, MeasUJ~e M, two weeks ago a survey originating from Seal Beach" another today, again from Philadelphia, her concern is with 1:he way the anti-Measure M is being marketed, the surveys ask questions like 'the Bixby Towne Center would increase the golf course,' not true, 'it would increase drainage on the golf course and prevent flooding,' not true, 'would increase police protection, widen the bridge, and increase City revenue.' Ms. Whyte stated that the Citizens Against Measure M are sponsored by the Bixby Ranch Company, financial statements show expenditures of around $40,000. Ms. Whyte requested clarification from the City Manager that Measure M does not address the golf course, with regard to increased police protection asked if there would be an additional substation to the existing substation in Rossmoor Center, or if that would be moved to the Towne Center, whether it would increase City revenue, she expressed concern with a flier that claimed that during an extensive public input process the community wanted to place strict controls on development, to that she stated that actually the public I I 2-14-00 I comments were against the project except for those who were representing the Bixby Ranch Company. She made reference to an ad inviting Leisure World residents to join a bus trip, have lunch, and visit a Target store, an add as well to attend the Good Government Club for an explanation of Measure M, and urged that Leisure World not sell its votes as this project impacts its neighbors. The City Manager responded that the golf course is expanded under the Bixby Towne Center project, as to increased police services stated that a fiscal impact analysis was done that determined an additional officer position would be needed to be funded by the project as well as a new, larger community safety building. Mr. Diedrick Nicholson, Garden Grove, made reference to a news article reporting the clergy as having joined the airport opposition, and quoted a comment of Councilmember Campbell that the clergy should tend to moral and ethical issues and not land planning. He objected to the remark, stated his opposition to EI'Toro airport use, suggested that this area should not even be voting on the issue, claimed that members of the Airport Authority are all pro-airport, and concluded that the clergy does have a right to express their feelings. Mr. Joe Siler, College Park East, made the statement that there is considerable misinformation being circulated, much of it from the Council, relating to Measure M. Mr. Siler stated he supports Measure M, a measure to restore golf zoning to some thirty-three acres which was rezoned commercial by the Council, the purpose is to stop the large commercial project from occurring. He said Measure M does not change the golf course renovation now underway, has no effect on the lakes or water holding capacity on the golf course, does not change the zoning on the tennis court nor the zoning on the seventy-five acres where residential units are planned, however Measure M stops the large shopping center, and he does not believe it is understood how large the shopping center would be. He noted the recent proposal for a Starbucks and Blockbuster on the vacated Shell Station property in Old Town, a six thousand square foot building which created considerable controversy, the project proposed by Bixby is over six hundred thousand square feet, instead of eighteen parking places it would be over nineteen hundred parking places, the Bixby project one hundred times larger than the Shell Station project which created a controversy. Mr. Siler said of concern is traffic and other impacts on their neighborhood, some two thousand three hundred people signed the petition to place Measure M on the ballot, fourteen percent of the registered voters, that was accomplished within a few days, thousands of others signed a petition for submittal to the Council, no one paid attention. He said this issue started in July of 1997 when the Council emerged from a Closed Session with a memorandum of understanding, an agreement with Bixby, worked out in private without notice to the public, that MOU called for a shopping center of 286,967 square feet, that is the current proposal, the people were told to go through the process, concerns were presented to the Planning Commission, the Commission recommended against the project, many speakers addressed the Council, no one listened, the project was rapidly approved, then, a judge reviewed the Council actions, decided it was done too quickly, mistakes were made with the Environmental Impact Report, then changes were adopted, again in a short period of time, and subsequently the shopping center was readopted, thus those who did not feel the shopping center was a good idea for the entire community are somewhat upset with the rush to bring it in. Mr. Siler said for this election he would ask that the Council stick to the facts and I I 2-14-00 tell .true to the public, to the statement that one of the benefits of this project is the widening of the bridge, the speak,~r claimed that to be untrue, rather, the bridge will be replaced and lengthened as part of the carpool lane project, the ErR for that project is being written, released to the public in July, expected to be final by April, 2001, and in three to five years there will be a widened and lengthened bridg'~ with little contribution from the City. Mr. Siler expressed his disappointment with the Council, said statements being made are wrong on virtually every point, that because the Council does not analyze the issues itself, rather, there is reliance on the opinions of others who have an interest, listening to the Bixby consultants, the Council should be listening to the people in the community. Mr. Reg Clewley, Seal Beach, referred to the presentation for Save the S'~als, reminded that sea lions are wild animals, if they wish to take over the beach they will, yet the City would assumE~ liability if it were to sanction this effort. He said the update on the Hellman Ranch is yet to be heard, claimed that lthe applicant has attempted to obtain another seven acres for housing, has withdrawn funding for wetland restOl~ation, that money was to have come from the housing but now withdrawn, and more recently a representative of the Hellman Ranch has indicated to the applicant of a Minor Plan Reviel" the eminent moving of men and equipment to remove wildlife habitat and evidence of an archaeological site to facilitate the MPR without Coastal Commission application or approval. Mr. Clewley complained that a period of five minutE~s was not adequate for him to speak to each of the items he wished. He stated that the neutral analysis of Measure M was written by the City Attorney, yet the attorney was p:~esent in the aforementioned closed session, that was not appropriate. with regard to the item relating to the job performance of the City Manager, Mr. Clewley said he could speak for some time. He reminded that there has been a moratorium on code enforcement for the houses abutting Crestview, Catalina, and Surf place at the direction of the Council, the moratorium then violated when a code enforcement action was directed against him by the City Manager. Ms. Sue Corbin, Seal Beach, said the Council can not single out certain persons to which the five minute speaking time applies. To that Mayor Yost explained that Mr. Clewley had previously requested to be timed, his policy generally is to allow people to speak until their thoughts have been complE~ted. Ms. Corbin made reference to a payment on the warrant list for hotel lodging in Palm Springs where the City Manager was attending a meeting, to which she objected. She suggested once again that improvements at the front of the Manag'~r' s residence, improvements done before others, should be subject to discussion during the City Manager evaluation. Ms. Corbin said the people had to pay to have a referendum on 'the ballot to reverse what the Council previously approved, the Council representative of College Park East was not included in talks with Bixby, a yes vote on Measure M is just another chance for people to have what they want in their community. Ms. Corbin claimed that the City is now proposing a large expenditure of money, with ten percent from Bixby, to widen the overpass however it is already slated to be demolished, even CalTrans says this is throw-away money, even retro:Eitting and widening would not bring the bridge up to ' standard, that is $3 to $4 million that could be used for streets, sidewalks, and children. She said people should not have to form committees to undue what the City is doing to them, the City should represent the people, and provided information to contact the committee in support of Measure M. I I I I' I I 2-14-00 Mr. Phil Fife, College Park East, claimed that one of the stories being circulated by Bixby against Measure M is that if the Measure passes the tennis center site will immediately become an assisted living facility, yet his recollection of discussions is that while such a facility is buildable in a C-2 commercial zone it requires a conditional use permit because it has a residential aspect, and one of the requirements of a CUP is that it be compatible with the neighborhood, therefore, in his opinion, given that much of this plan has been developed over the years without public awareness, his concern would be that if the Measure does pass that a CUP would be issued without any public discussion or debate, in fact if the Measure passes Bixby could easily move the assisted living facility to the site originally planned, the former golf area on the south side of Lampson, they could apply to rezone the approximate 8.8 acres to C-2 as that would not be the same plan as the plan being attacked by Measure M, that would be permissible under applicable law, thus there is no reason for the tennis club to ever become an assisted living center, and if that were to happen that would take away the only bargaining means should Bixby ever choose to seek rezoning on the nearly thirty acres on the east side of Seal Beach Boulevard. He pointed out the Measure M does not attempt to rezone the public land use/recreational zoning of the tennis club site. Mr. Fife said they have been trying to track information. that backs the proposal to widen the bridge and that the only way the bridge will be done is with the Bixby project, yet it is the project of Bixby that creates the need to widen the bridge if it is to be done ahead of the CalTrans schedule, what has been determined thus far is that the application for funding the widening of the bridge would primarily be the responsibility of the local government, not really involving CalTrans or Orange County Transportation money, and at the last application hearing on the project there was no representative from the City of Seal Beach present, therefore there is no widening money, the City would need to reapply, and when you make reapplication for Measure M funds to widen a bridge that is going to be torn down it would seem that would be adverse in terms of competing against other projects when it involves throwing away $2 to $3 million of public money. Mr. Fife said he hoped this is not another secret deal and it would behoove the staff and City Engineer to provide an honest report on any bridge widening and how it fits in with the plans to widen the Garden Grove and San Diego freeways in this particular area. Ms. Kathy Fife, Seal Beach, directed her comments to the 'First In A Series' article of Councilman Boyd, the article making reference to Ralphs, Target, etc. and said if there is such confidence that those stores are going in by using their names in the newspaper, then where is their money, show the documents where they have committed to this project, if there is no proof then the store names should not be used. Mr. Ed Simmons, Seal Beach, noted having received the press release for a water quality workshop, before such workshop there are questions that need to be looked into. First, the berm, the problems, the loss of money on the south side, there is no means to take care of things in the event of a major storm or problem, citing an example in Laguna where a pump station was installed with a drop unit to rid the ocean water if it spilled over, something similar could be done at the end of Seal Way, the ocean is rising each year, there is a major storm approaching, there is no means to get rid of the water. There is a groin next to the pier which, in his opinion and that of others, is not doing what it is supposed to, there 2-14-00 are too many jetties, six plus the Long Beach jetty, Seal Beach is the debris recipient, propositions in the past have reali:~ed very little money for Seal Beach, this City has to be the focal point, pointing out that there is a major sewage plant up the San Gabriel River near Studebaker with open tanks" when there is rain and the tanks are full then where does the excess sewage go, down the River. Another issue to be looked at is the sand that is backing up considerably in the San Gabriel River, that needs to be dredged and cleaned, the pollution flow needs to be stopped before it gets to Seal Beach" There are numerous major drainage systems, one he is familiar with drains into a waterway then into the ocean, something needs to be done, a start even if small. Mr. Simmons commended the workshop concept, suggested that people bring forth suggestions, present them to the City, and that grants be pursued. The Mayor announced that the workshop would be held on February 24th at 6:30 p.m. Ms. Joan Livinqston, 8th Street, said she was speaking on behalf of a stray dog that has been in the vicinity for approximately four days, cold and scared. Her concern stems from a similar incidE!nt some years back where animal control was not successful in its capture, the County was brought in, the animal tranquilized, transported to the County facility where it was put down about a week later. Ms. Livingston inquired about the process of Animal Services once an animal such as this is captured, what are they authorized to do, do they have 1:he training to catch it, the Services truck was observed following the dog, possibly they could be taught to do this with nets or some other means. The Mayor responded that animals are quite high on the City's priority list and the City has a no-kill shelter where all attempts are made to find an animal a good home. Councilmember Campbell was excused from the Council dais to speak as a private citizen. Councilmember Campbell reported a concern,with a construction company that has contacted eight residences in College Park East 1:0 replace driveways, the driveways, have been removed, not finished, the company is not licensed or bonded. She reco~nended to the residents that if approached by this or other companies that they check the contractors license and compare same with their valid drivers license, in many cases a public works permit is required and that should be done by the contractor rather than the homeowner in that that provides an opportunity for their insurance, contractors license, etc. to be checked. The Director of Public Works encouraged residents to contact the City if they are approached or receive a flier for construction work, staff can assist with checking licenses, etc. to make certain that dealings are with people they purport to be. There being no furthE!r comments, Mayor Yost declared the Public Comment period closed. I I Mayor Yost announced that the bed and breakfast issue would not be discussed at this meeting, continued to March 13th as an appeal with proper notice. COUNCIL ITEMS I STATUS REPORT - HELLMAN RANCH As a point of background, Mayor Yost noted that a court decision was handed down involving the Bolsa Chic a that removed the possibility of a golf course on the Hellman land, it basically said that only wetlands can be put on top of wetlands, they can not be replaced with another use, there are eight acceptable uses identified in the Coastal Act howevE!r one is not a golf course. He noted that the manner 2-14-00 I in which the Hellman Plan was set up the wetlands would have been funded by the golf course rather than the residential units, great effort was put forth to reconfigure the golf course to not impact the wetland areas, however that was not doable since wetlands are scattered throughout the property. Mayor Yost reported that the Hellman family went back to the litigants and the Coastal Commission to work out some type of settlement of the lawsuit, the proposed resolution is to deed restrict the wetlands and the uplands around them, which is about one hundred acres, for sale for wetland restoration, to that there has been discussion with the Trust of Public Lands, the Coastal Conservancy, and possibly the newly formed San Gabriel River Conservancy to facilitate the sale for wetland restoration to occur. The Mayor noted that in the short term Hellman would like to move forward with the homes on the bluff, however noted that there were some problems with approvals that involved access to Gum Grove Park with ten parking spaces required on Seal Beach Boulevard, this an issue that the City spoke against at three separate meetings yet the Commission ignored that issue, the concern with such Park access would be the proximity to residential rear yards of properties on Crestview that abut Gum Grove. He noted that Hellman does have approval for the seventy homes, the bluff area is zoned residential, should the acreage for those change substantially that would require additional environmental review as determined by the Coastal Commission staff, this is likely an excellent opportunity to obtain wetland restoration, this is what the Hellman representative, Mr. Tone, does and he is actively pursuing restoration. The Mayor said his personal desire is to protect the interests of the community and obtain restoration in the short term, have the parking for Gum Grove on the Boulevard deleted and relocated to Lopez Drive for better access to the uplands which is the heart of the wetlands. Mr. Dave Bartlett, consultant to the Hellmans, described the layout of the Hellman land, the center portion the area previously designated for the golf course, approximately one hundred acres that will now be deed restricted for open space, wetlands, and park purposes, the area just to the north will continue in oil production, the residential development on the bluffs adjacent to Seal Beach Boulevard, to the south of the site Gum Grove Park and some expansion thereof, to the west the State lands property adjacent to Pacific Coast Highway, and a small parcel at the end of Adolfo Lopez Drive that could be the site of the parking lot if the Coastal Commission will agree to locate it there. He noted the residential area would consist of seventy homes on approximately seventy-five hundred square foot lots on eighteen acres, access will be from Seal Beach Boulevard across from the Naval Weapons Station, the homes have been slightly reconfigured to provide a better buffer for the homes on Crestview, previously about forty feet, now ninety feet, moved back somewhat from Seal Beach Boulevard, the Public Works facility, and the animal care center, the location of the residential units is basically as they were previously, there is no increase of units, a decrease of density, also, acknowledged that Hellman Properties is actively supporting Proposition 12 and acquisition funding for the wetlands and the surrounding areas sO,that improvements can begin as soon as possible. Mayor Yost announced that the Coastal Commission hearing is tentatively scheduled for May in Santa Rosa, however that may change as there is certain environmental information that the Commission has requested as a result of the changed configuration of the homes. Ms. Sue Corbin, Seal Beach, said I I 2-14-00 at a Los Cerritos Wetlands Committee meeting it was said that the Hellman's wanted to extend their housing down into the wetlands by two to seven acres which would need to go back before the judge in the lawsuit, not a positive thing, that has not been mentioned and should be. Ms. Dorothy Whyte, Seal Beach, said she has not heard how low to moderate income housing requirements are going to ,be addressed, it was mentioned previously that Hellman would pay a fee instead to be USE!d to renovate housing stock in the downtown area, notinq that the proposal is for low to moderate income housing in conjunction with the Bixby project. Mayor Yost responded that the homes proposed with the Bixby plan were designed to be of the same general value as those in the Rossmoor Highlands, basically a buffer between the commercial and the Highlands, with regard to Hellman he noted that the Housing Element will be coming up for review, also, there will be substantial property that will remain in oil production, there had been discussion in the past that that area could be used in the future to satisfy the low to moderate requirement when it comes out of mineral production. Councilman Boyd added that the City's Housing Element, as are most in Orange County, is out of compliance, there is a significant deficit for affordable housing in this County, the nE!ed is for forty-one thousand new housing starts each year however there only about eighteen thousand, of those maybe a thousand are actually affordable housing, with the Bixby project the City required them to contribute to the set aside fund for affordable housing, of the seventy-five homes about sixteen will be eligible for affordable means. Mr. Bartlett concurred with the statement of Councilman Boyd that the area that was to have been golf course will now essen1:ially be Central Park of Seal Beach, this a property owner who can no longer use his property, it will be deed restricted, and is looking for an acquisition vehicle to creatE~ this Central Park of wetlands, walking trails, and restored habitat. Mr. Bartlett made mention that both the community and Hellman were disappointed that the golf course could not materialize, however the same enthusiasm as was direc1ted to the golf course will now be directed to acquisition and improvements to the area now designated for open space, he also noted that besides the possibility of the oil production property being available for affordable housing in the future, the Hellmans too were required to pay a fee to be set aside for affordable housing, which has been paid. The City Manager suggested that it would be well to provide a diagram of the Hellman plan as it now exists for display at City Hall. To a question from the audience, Mr. BartlE~tt explained that the Settlement Agreement, signed by all parties, provides that there can be no impact to existing wetlands, the project proposed will not impact any wetland, in fact is located several hundred feet away from existing wetlands, the mandate is to be in compliance with the terms of the Settlement Agreement and they are in the process of that compliance. I I ORANGJ~ COUNTY LIBRARY ADVISORY BOARD - ALTERNATE REPRESENTATIVE Councilmember Campbell indicated a desire to serve as the alternate. Yost moved, second by Boyd, to appoint Councilmember Campbell as the alternate representative to the Orange County Library Advisory Board. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried 2-14-00 CONSENT CALENDAR - ITEMS "F" thru "N" Boyd moved, second by Yost, to approve the recommended action for items on the Consent Calendar as presented, except Items "G" and "M", removed for separate consideration. F. I Approved regular demands numbered 26116 through 26337 in the amount of $845,507.82, payroll demands numbered 6521 through 6799 in the amount of $450,615.54, and authorized warrants to be drawn on the Treasury for same. H. Received and filed the status report relating to substandard property located at 112 - 8th Street. I. Denied the claim for damages of Marjorie Comings for a trip and fall incident, and referred same to the City's liability attorney and adjuster. J. Denied the claim for damages of Nichole Vanessa Page for recovery of auto repair costs, and referred same to the City's liability attorney and adjuster. K. I L. N. AYES: NOES: Received and filed the staff report relating to the Draft Work Plan for Long Term Groundwater Monitoring at Installation Restoration Sites 40 and 70, Naval Weapons Station, Seal Beach and authorized the Mayor to sign the response letter. Received and filed the Monthly Investment Report for December, 1999. Received and filed the staff report relating to waste discharge requirements, Platform Esther, authorized the Mayor to sign the comment letter to the Regional Water Quality Control Board, and instructed staff to forward said report to the Environmental Quality Control Board for information purposes. Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G" - APPROVAL OF MINUTES Mayor Yost noted that he would abstain from voting on this item as he was absent from the January 24th meeting. Boyd moved, second by Campbell, to approve the minutes of the regular January 24th meeting. I AYES: NOES: ABSTAIN: Boyd, Campbell, Doane, Snow None Yost Motion carried ITEM "M" - DECOMMISSIONING OF BELMONT ISLAND - COMMENT LETTER Mayor Yost commended staff for including language in the comment letter to assure that the City could recover damages should a problem arise in the future as the result of abandoned underground pipelines from the Belmont platform to the previously removed separation facility on Marina Drive. 2-14-00 Councilman Boyd noted that there has been news articles relating to the Belmont decommissioning, some residents have suggested that the City acquire the rip rap to build an undeD"ater reef to deter beach erosion, that issue was looked at, determined that the rock was of insufficient size to be reused for such purpose, and noted that staff did attend some of the decommissioning meetings. Boyd moved, second by Yost, to receive and file the staff report, authorize the Mayor to sign the comment letter on behalf of the City, and instructed staff to forward said report to the Planning Commission and Environmental Quality Control Board for information purposes. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried RESOLUTION NUMBER 4783 - ORANGE COUNTY BANKRUPTCY SETTLEMENT The City Attorney advised that this item is nearly identical to the item considered by the Redevelopment Agency except for the dollar amounts, in this case the City will receive a distribution of $316,898.31, this represents approximately ninety-four percent of the $2 million that had been invested in the County pool prior to 1994, and noted that the City received $1,674,659.99 in 1995. Boyd moved, second by Yost, to adopt Resolution Number 4783 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A SETTLEMENT AGREEMENT AND DESIGNATING THE DIRECTOR OF ADMINISTRATIVE SERVICES AS THE CITY's REPRESENTATIVE TO RECEIVE DISTRIBUTIONS ON BEHALF OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4783 was waived. Councilman Boyd inquired as to the dispersment of these monies, if they will go into the General Fund or reserves. The Manager responded that they have previously been shown as a receivable in the audits, the City monies will go to the General Fund balance, with the Agency monies going to that fund, concurring that these are unallocated funds at this point. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried The City Attorney noted that the funds are anticipated on the 24th. PROFESSIONAL SERVICES AGREEMENT - MOWING/EDGING MAINTENANCE SERVICES Bids 1"ere received until January 18th, 2000, 10:00 a.m. for project Number 100, Mowing and Edging Maintenance Services Citywide, at which time they were publicly opened by the City Clerk as follows: Mariposa Horticultural Ent. Inc. .John's Landscape Service Tropical Plaza Nursery, Inc. Azteca Landscape :~andscape West ,'\rtistic Maintenance, Inc. L. Barrios & Associates, Inc. 'royo Landscaping Company $108,732.00 $ 96,000.00 $ 74,666.46 $ 73,455.06 $ 61,380.00 $ 48,637.80 $45,399.65 $ 41,388.00 I The Director of Recreation and Parks presented the staff repor.t, recommended approval of the plans and specifications and ro"ard of the contract to Toyo Landscaping Company in the amoun.t of $ 41,388. She noted that the funds to utilize contract services were achieved through attrition in that 'oF' ' 2-14-00 I three Parks Division positions have not been filled in the last two years, and this contract will allow the four remaining crew members to attend to infrastructure and beautification projects, the parks and landscaped areas of the City, and the Division Supervisor will monitor and supervise the maintenance services contract, the contract is for a term of two years and the City has the right to cancel with a fifteen day notice. Councilman Boyd spoke favorably of the award of this contract, an issue he has supported, and noted the annual cost saving of $34,072. Boyd moved, second by Yost, to approve the plans and specifications and authorize the City Manager to execute a professional services agreement with Toyo Landscaping Company for mowing and edging services, not to exceed $41,388 annually. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried The City Manager pointed out that this contracts some of the more repetitive tasks of the Parks Division so that the personnel can utilize their landscaping skills for other projects. Mayor Yost asked if this would result in any loss of current staff, to that the Manager responded that it will not. I RESOLUTION NUMBER 4784 / ZONING DETERMINATION - WALK-UP / TAKE-OUT RESTAURANT The Director of Development Services presented the staff report, noted that the process under the Zoning Code allows for a determination to be made by the Planning Commission that a use is compatible or similar to other uses already allowed within the zoning classification, if it is in this case then staff would prepare a Zone Text Amendment to be considered under public hearing, the Planning Commission has concurred and taken that action and has recommended the same to the City Council, if that is done the public hearing will be scheduled to consider the Zone Text Amendment of permitted uses in the Main Street Specific Plan subject to a Conditional Use Permit, this particular request is to allow future uses of walk-up/take-out restaurants. He noted that prior to the adoption of the Specific Plan for the Main Street area, walk-up/take-out restaurants were allowed in the C-l zone, the Planning Commission felt that the proposed use was quite similar to the bakery/sweet shop uses that currently exist along Main Street, and in certain cases permitted by right without a Conditional Use Permit, in this case however the Commission felt that a CUP should be required to address hours of operation, trash disposal, etc. Councilman Boyd noted that the staff report suggests that this amendment to the Main Street Specific Plan could be incorporated with the newsrack amendment, and asked if the two amendments would be heard under separate public hearings or one combined hearing. The response of staff was that they will be two separate issues, dependant upon the timing for the newsrack amendment, the intent however would not be to hold up this issue. Preference was indicated that they be heard at one time however that the public would have the opportunity to speak to both issues. I Boyd moved, second by Yost, to adopt Resolution Number 4784 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DETERMINING THAT A "WALK-UP/TAKE-OUT RESTAURANT" LAND USE AS DEFINED IN SECTION 28-268 OF THE CODE OF THE CITY 2-14-00 OF SElu. BEACH PLAN, SUBJECT consent, full IS CONSISTENT WITH THE MAIN STREET SPECIFIC TO A,CONDITIONAL USE PERMIT." By unanimous reading of Resolution Number 4784 was waived. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried HOUSING ELEMENT LEGISLATION - SUPPORTING AB 1744 The Director of Development Services presented the staff repor<t, explaining that this legislation would extend for a period of six months the deadline under which all of the cities in the Southern California region must adopt their Housing Element. As a point of background, he explained further that the State has a mandate to prepare regional housing needs assessments for all governmental agencies in the Sltate, if that is not included in the State budget it does not occur, which has been the situation in recent years, in 19!38 the budget allowed that process to proceed, the SouthE~rn California Association of Governments is responsible for deriving numbers that then go to the Orange County Council of Governments, that agency then spreads the numbers throu9hout all of the cities in Orange County, that process has not yet been finalized, likely not until sometime in April, currently the Housing Elements are due to be adopted by June 30th. He noted this legislation recognizes that the process has taken longer than thought at the State and OCCOG levels and provides for the six month extension. Yost moved, second by Boyd, receive and file the staff report, authorize the Mayor to sign a letter in support of Assembly Bill 1744, and instructed staff to forward the report and letter to the Planning Commission for information purposes. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I Councilman Snow expressed appreciation for the explanation of the acronyms contained in the prior staff report. RESOLUTION NUMBER 4785 - OPPOSITION TO MEASURE F Councilmember Campbell pointed out that proposed Resolution Numbe:r 4785 expresses opposition to Measure F, called the Safe and Healthy Communities Initiative, which she said it is not. Councilmember Campbell noted a prior speaker took excep.tion to a quote she had given a newspaper, stated she stands by that quote, her belief is that people who make land use d,~cisions are versed in that field, the Environmental Impac.t Report for El Toro is thirty-three inches high and weighs sixty-five pounds, a challenge to review, and noted an inter'~sting recent debate on this issue at the Chamber breakfast in Los Alamitos. She stated that the airport is needed at El Toro, not here, it is felt that if South County is going to add three quarters of a million people to their popuhltion in the next ten years they need to make their own way, North County should not have its neighborhoods impacted and freeways widened to accommodate their traffic to LAX, and LAX does not want to expand to meet the needs of the popula.tion of South County. Councilmember Campbell pointed out that the airport is already at El Toro, in her opinion there is a duty to future generations to be good stewards of the land, if this opportunity is missed future generations will be seriously impacted. Councilman Boyd quoted from the Resolution that 'the Orange County Sheriff has advised that if this Initiative is enacted, "the County's ability to I 2-14-00 I provide adequate jail beds to convicted criminals will be made much more difficult and public safety and quality of life in Orange County will be diminished" as smaller satellite jails would have to be constructed throughout Orange County to accommodate prisoners and to comply with Federal Court orders.' Councilman Boyd said this has been designated as a 'catch and release initiative,' law enforcement is obliged to capture the criminals, they are put away for a short time, then released as a result of a Federal Court order that they be released to resolve the jail over- crowding in Orange County, more jail space is needed, at least eight thousand five hundred beds, but that will not be accomplished if this Initiative passes, the intent was that the Initiative would address the airport issue but then jail facilities and landfills were added which has more widespread impact, this is a flawed Initiative that will do future damage to Orange County. Councilmember Campbell pointed out that Measure F does not kill the EI Toro airport but it is a means, this Measure would require a two-thirds vote for any future airport, landfill, and jail expansion issues, when a two-thirds majority vote is required that is minority rule, that is something that impacted College Park East some twenty-five years ago, the area of the Bixby Townhomes was to be a park, by petition the issue was put on the ballot, required a two-thirds vote, would have added $25 to the property taxes over a period of twenty years, however failed by fifty votes. She stated that there needs to be caution that the asset of El Toro is not lost in South Orange County, if Measure F is approved within ten years they will be considering sites that were not previously considered, South County talking about Los Alamitos and the Weapons Station, no houses will be lost with El Toro but if the Air Station and Weapons Station were to be combined that would mean seventeen hundred homes, that is the community. It was noted that there is also a fourteen thousand acre buffer around El Toro. I Doane moved, second by Campbell, to approve Resolution Number 4785 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH IN OPPOSITION TO MEASURE F." By unanimous consent, full reading of Resolution Number 4785 was waived. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried Councilman Snow urged that the ballot arguments for and against Measure F be reviewed thoroughly by the voters. I CONTINUED PUBLIC HEARINGS - BED AND BREAKFAST FACILITIES Mayor Yost noted the recommendation to continue until March 13th the Zone Text Amendment relating to a Residential Conservation Overlay Zone, Zone Change and Minor Plan Review relating to a bed and breakfast use at 308 - 7th Street, and inquired of legal counsel if this matter will come before the Council as an appeal and if it can be removed from this agenda. The City Attorney confirmed that it can be removed from the agenda, explained that Zone Text Amendments and Zone Changes do not have the same type of appeal provisions as a Conditional Use Permit, in this particular matter there were three separate considerations, the Planning Commission recommended denial of the Zone Text Amendment, that will come before the Council, in turn the Commission took no action on the Zone Change or the Conditional Use Permit, both continued by the Planning Commission, they will go back before the Commission and should the Commission deny the CUP the applicant would then have the right to appeal. It was 2-14-00 clarified that the ZTA and Zone Change considered by the Commission was not a legislative action rather a reco~nendation to the Council, the CUP is quasi-judicial. The City Manager said in the opinion,of staff the two are interlinked and should move forward together, if the opinion of Council is that the CUP is not appropriate then the Zone Text Amendment would not be brought forth as they are coupled. Council was advised that continuation of this item could be accomplished by order of the chair or a motion, if the i ltems are continued there is no further requirement to renotice the Zone Text Amendment and Zone Change, the CUP would be noticed if appealed. After brief comments, the Council continued the Zone Text Amendment and Zone Change until March 13th and directed that both be renoticed. I PUBLIC COMMENTS Mayor Yost declared Public Comments to be open. Ms. Dorothy Whyte, College Park East, made reference to comments during the first Public Comment period with regard to the five minutE! time limit. The response of the Mayor was that the intent: is to limit all speakers to five minutes however the timer is not necessarily used, Mr. Clewley had previously requested that the timer be used. With regard to asking a question of the Councilor staff Ms. Whyte said she understood the language in the meeting regulations that says that shall not be done, however there have been members of the public and the Council that have been interrupted with a response, in her opinion the rules should apply to all otherl.ise it appears that persons are being allowed to speak and rE~ceive responses selectively. Relative to that issue Ms. Whyte said it is known that Measure M does not address the golf course, it is presently being redesigned, the residE~nts are having to tolerate considerable dirt as a resul.t and when the City was called she was informed that there are not enough inspectors to enforce the watering. Ms. Whyte offered that the statement of Councilman Snow to read the ballot pamphlet is well taken, suggested that the Leisure World voters also visit the 'yes' on M office in Rossmoor, and said she understands that Councilman Boyd rather than forme:r Mayor Brown will be appearing on the upcoming Rick Paap Show with regard to Measure M, spoke for holding an independent debate on the District Four candidacy and Measure M, otherwise it appears that the Council is hiding something. Ms. Sue Corbin, Seal Beach, objected to members of the Council leaving their Council seats periodically without reque:sting to be excused, suggesting the Council follow Roberts Rules. Ms. Corbin stated that Bixby is running the campaign against Measure M to burden the residents of College Park East, Los Alamitos, and Rossmoor with their project, they are called Residents for Responsibl,e Planning yet the expenditure reports show no donations to this effort other than Bixby Ranch Company, however those in support of Measure M are being funded by residents, this committee is in need of money, donations, and volunteers, and invited people to visit their storefront in Rossmoor. This project will increase traffic by thirty-nine thousand trips a day, that will not help 'the quality of life in College Park East or other areas, Ms. Corbin said no one has mentioned that the lawsuit of Los Alamitos and Rossmoor Homeowners has been appealed as a result of the EIR not being recirculated as to the farmland, the taxpayers should be made aware of this. Ms. Corbin objec.ted to a news article making reference to those in support of Measure M as the gang, the nice people of Leisure World should not be used, because the people against the Bixby project are doing a good thing for the community, it I I 2-14-00 I gives another chance to look at this property and get input from the community that is impacted by the project. Ms. Corbin criticized the conduct of the meeting, claimed that the only speakers that get timed are those the Council does not want to hear. Mr. Reg Clewley, Seal Beach, noted the continuation of the public hearings relating to the zoning issues for bed and breakfast facilities, these denied by the Planning commission and it is understood that an appeal has not been filed, should an appeal be filed said it would be appropriate to deal with it in the same manner as was ZTA 96- 1 which, upon appeal, took six months before being presented to the Council, thus there is no public hearing continued to March 13th, it would only be in response to an appeal and ahead of other important business. Mr. Joe Siler, College Park East, voiced his understanding of the five minute speaking limit. He stated having seen misrepresentations in some of the materials relating to the Initiative, there is a claim to save the trees yet there are few left to save, a claim that storm water retention will be increased, said to be attributed to the shopping center development, yet has nothing to do with the shopping center, the only stormwater retention occurs on the golf course, increases from eighty- four to eighty-eight acre feet, less storm water retention than would have occurred under the 1995 plan, and still has nothing to do with the twenty-five acres that Bixby proposes to pave over and turn into a shopping center, the widening of the bridge has nothing to do with the project, Bixby is putting thirteen thousand cars on the highway and now wants to claim credit for making it a little bit better, yet the intersections will be worse, even after the mitigation work is completed and the bridge widened. Mr. Siler said if widening the bridge is important then why is this being done backwards, widen the bridge first and then develop, it will take four to five years to complete with traffic jams from all of the new traffic, the only way to stop this project for now is to vote yes on Measure M. Mr. Siler also made reference to a letter circulated in Leisure World showing Mr. Brown and a number of others as against Measure M, no one has contacted the committee in favor of, in his view they have been mislead, again, build the bridge first before building a shopping center. There being no further comments, Mayor Yost declared Public Comments closed. I I CITY ATTORNEY REPORT In response to a public comment, the City Attorney explained that pursuant to the California Elections Code the City Attorney is designated as the person to prepare an impartial analysis of measures, the City Attorney remains neutral on all political issues and that is recognized by the Elections Code. He said it is not felt necessary to repeat the prior response to Mr. Clewley relating to the Zone Text amendment, also, with regard to the Orange County bankruptcy of six years past, it will be good to have that concluded. At the request of Councilman Boyd it was clarified that the State Elections Code specifies that it is the City Attorney that renders the impartial analysis of measures. CITY MANAGER REPORT The City Manager made reference to the funding for the 405 bridge widening, noted that the City has been working in cooperation with the Orange County Transportation Commission on this issue, and in order to widen the bridge, to increase lanes due to the existing traffic, the City would need to come up with about $1.8 million of matching funds, otherwise, any project that may be done in the future would be a 2-14-00 lengthening rather than a widening project, that information is dil~ectly from and verified by the Orange County Transportation Authority, to widen the City would need to have the local match of funds, and, the City has been successful in obtaining, on a competitive basis, about $4 million from Measure M and OCTA, to cover the cost of the bridgE!, again, to add lanes the City needs to provide the local match, at this point the City does not have the local match" that would be the development fees that are part of the Bixby project. with regard to the County bankruptcy, the Manager noted that was a major loss of invested reserves, the settlE!ment reflects the return of about ninety-five percent of that investment with the Orange County Pool, as mentioned earliE!r these monies have been recorded as a receivable and the sE!ttlement will count towards a currently inadequate reserve contingency fund. with regard to the revision of the newsrack ordinance, the Manager stated that in an attempt to do this in a cooperative manner with the media, the Director of Development Services and City Attorney scheduled a meeting with all of the newspapers that circulate on Main Street to develop a mutually agreeable way to limit and consolidate the numbel~ of newsracks and address design issues, however no one attended the meeting, the proposed news rack regulations will be presented to Council in the form of an ordinance and then talks may possibly be scheduled. The Manager mentioned also that the City is working with Surfside to place between six to ten thousand sand bags for the purpose of flood protection in that there are some significant high tides coming, emergEmcy funding continues to be pursued through the Army Corps and funds for another replenishment project next year. I COUNCIL COMMENTS Councilman Doane said he wished to use the word of Mr. Siler, misrepresentation. Councilman Doane said there are buses within Leisure World that now have signs that urge a yes vote on Measure M otherwise the Leisure Market will close, to which he said that is the greatest degree of misrepresentation ever heard, yet the speaker is the one that claimE~d it is the Council who is misrepresenting the Bixby project, this is not true nor is it true to tell the people they 1.ill be trapped in ffinbulances on the way to the hospi;tal, this is a slam at the intelligence of Leisure World residE~nts. Councilmember Campbell requested the City Attorney provide a brief summary of the legality of the utility tax. The City Attorney responded that the City's utility tax is legal, that is not just a mere technicality, under the State Constitution Seal Beach is a Charter City havin9 its own constitution, charter cities, as well as general law cities, were allowed to adopt a utility users tax without an election at the time the City established its utili.ty users tax, that was legal. After initial adoption and about eight years forward the utility tax was increased to el'~ven percent, at that point there was also proposition 162 which only applied to general law cities, it was enacted, then ,thrown out by the courts, and later reinstated by the courts. There was a window period that only affected general law cities, post Proposition 162 and pre Guardino, which reenacted 162, where there was some question, which went to the Supreme Court with respect to general law cities, proposition 162 did not apply to charter cities, however if the City were to attempt to increase its utility tax at this time it would require an election in that after Prop 162 there was another proposition some two years ago that applies to charter cities. The Attorney concluded that the City's utility users tax is legal, always has been, however if the I I 2-14-00 I City chose to increase the percentage it would continue to be legal but an election would be required. Councilman Snow said in Leisure World there is reason to doubt when CalTrans might make improvements to the bridge, this based on the history of the Leisure World sound wall and a letter written in 1982 to a Leisure World director with regard to the sound wall, the wall was realized this last year, that shows how long it takes CalTrans to make decisions. Councilman Snow made reference to a change of bus routes by the Orange County Transportation Authority, a journalist for the Golden Rain News has done a fine job of outlining how this change will impact Leisure World, this concern was brought to the City Manager who contacted the OCTA Executive Director, and it has been learned this change is primarily because of people going to and coming from work and there is a delay at Leisure World in waiting for those riders, and as of today the Executive Director has suggested the Leisure World bus riders contact OCTA with their concerns, also, there will be a representative group that will attend the OCTA meeting where this will be considered. Councilman Boyd mentioned listening to the public comments relating to Measure M, disturbing at times, to which he suggested that people merely go to the polls on March 7th and vote their feelings. He stated that a simple way to win a yes on Measure M vote is to bring groups of people together and scare them into believing they may not make it to the hospital because of the congestion associated with this project, however if the Council felt or knew that, based on the impartial statistical analysis by the consultant retained by the City, the Council would not have voted in favor of the project, the goal of the Council is to keep Seal Beach a high quality, liveable City, that is the job of the Council, the Council fights every day to make things better, water quality, streets, safety, traffic. There is a lot of rhetoric, one the reference to the lawsuit filed against Seal Beach by Los Alamitos, the Rossmoor Homeowners, and owners of Rossmoor Center, the truth is that Seal Beach won that case in court, they then asked that the Seal Beach taxpayers pay their attorney fees, the judge responded that attorney fees would not be awarded and that the lawsuit did not serve the interest of the public good, that speaks for what this lawsuit'was, a way for a minority of people to voice their opinion regarding an issue they did not understand or knew little about, they just did not like the project, the same group of people that tried to stop the building of the Bixby Office Park some years back, the statements made then are the same now, on the other hand these people do have the right to express themselves this way. Councilman Boyd urged that people read the information, be sensible, the Council would not approve something that would impact people to such degree. He mentioned that fact that he lives in Old Town and suggested that a look be taken at the number of people and cars that cram into that area on weekends, no parking within a mile radius, an hour wait to go to a good restaurant, the impacts are here, yet he would not change it for anything, public comments are taken to heart but there is sometimes disagreement. Councilman Boyd mentioned that Medix Ambulance, who serves Seal Beach and have a contract through the Fire Authority, have looked at the Bixby project and have recommended a no vote on .Measure M, the project will only improve their ability to serve the City, also, the Orange County Fire Authority and the Seal Beach Police Officers Association have issued similar opinions, and he too supports a no vote on Measure M. Councilman Boyd announced that he would be holding a meeting the following Monday, February 21st, with regard to alley repair projects and how those I I 2-14-00 needs will be addressed in the coming years, mentioned also that lthe Surfing Contest was successful, thanked those who put the event on, bringing surfing back to Seal Beach. Mayor Yost noted that he too received a couple of calls regarding the lE~tter in opposition to Measure M signed by the former and current mayors, for him it was a difficult decision to take a one side or another position, however of concern is what would happen if Measure M were passed, the Initiative only addresses the commercial yet the project is tied together very carefully, the tentative map for the residential is tied to the permitting of the interior walls of cOlnmercial as an example, if there is no commercial there is no residential, if there is no residential then there is no profit center for the Bixby Company, if there is no profit center the question is will Bixby still give the City the tennis facility, will they give the $1 million to rehab that facility, this plan is developed so that the majority of the retail is in one area, more retail opportunity for ones traffic impact, people drive to one center, park, and do what they desire, if the zoning were to revert there could be three commercial areas spread throughout the property rather than one, the same amount of traffic but spread, and, less commercial revenue. He mentioned that for most cities sales tax is the primary revenue source, in Seal Beach it is the third, second is property tax, and first is the utility tax, Seal Beach is sales tax deficient. Mayor Yost said he too travels Seal Beach Boulevard twice a day, of great concern is what seems to be divisive views between areas of the community, it seems that it is time to put an end to that, this project has had extensive public comment, it is a better project because of that, the only way to assure that the tennis facility becomes the largest recreation facility in the City is to vote no on Measure M, if the Measure passes the entire project will fall apart and Marriott will have primary option on the site. Mayor Yost invited all to the Challlmge Court at the Bixby tennis facility this coming Saturday starting at 10:00 a.m. I I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the agenda, a public employee performance evaluation pursuant to Government Code Section 54957, a conference with legal counsE~l pursuant to Government Code Section 54956.9(b) relating to cases of anticipated litigation, and pursuant to Government Code Section 54956.9(a), a conference with legal counsel relating to existing litigation in the matter of Herron versus City of Seal Beach. By unanimous consent, the Council adjourned to Closed Session at 9:19 p.m. and reconvened at 10:50 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported that the Council had discussed the items identified on the agenda, gave direction to le9al counsel in certain litigation matters and conducted a performance evaluation of the City Manager. Mayor Yost announced that the City Attorney is directed to agendize for the nl:xt meeting a proposed two percent salary increase for the City Manager retroactive to November 15th. I ADJOURNMENT' It was the order of the Chair, with consent of the Council, to adjourn the meeting until February 28th at 6:15 p.m. to meet in closed session if necessary. By unanimous consent, the Council adjourned the meeting at 10:53 p.m. 2-14-00 / 2-28-00 rtr - I Approved: Attest: Seal Beach, California February 28, 2000 The City Council of the City of Seal Beach met in regular session at 7:20 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Ms. Beard, Director of Recreation and Parks Ms. Yeo,City Clerk WAIVER OF FULL READING By unanimous consent, the Council waived the 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. APPROVAL OF AGENDA Boyd moved, second by Campbell, to approve the order of the agenda as presented. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried PUBLIC COMMENTS Mayor Yost declared Public Comments to be open, reminding all that each speaker is allowed five minutes, the digital timer may be used upon request. Mr. Gordon Shanks, Surf Place, noted the importance of the March 7th election to this City, spoke in support of Proposition 12 that would generate money to the Coastal Conservancy and San Gabriel Conservancy which in turn would provide some hope of saving the Department of