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HomeMy WebLinkAboutCC Min 2000-02-28 2-14-00 / 2-28-00 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 Councilmernbers Boyd, Campbell, Doane, Snow Absent: None I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badurn, 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 Councilmernbers 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 - j . - - j ~ . - . ~ 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 2-28-00 Water and Power property for park/open space. Mr. Shanks also spoke for the re-election of the City Clerk, Joanne Yeo, and Patty Campbell, the District Four Councilmernber. M~. Dorothy Whyte, College Park East, agreed that the upcom~ng election is important, stated that the people against Measure M are not a citizen group, they are sponsored and funded by the Bixby Ranch Company, expenditures as of this date more than $85,000. She said this group claims to represent the residents, are distributing fliers using scare tactics, they propose a permanent police substation north of the Freeway yet one exists in the Rossmoor Center, proposes a quality retail center with tenants such as Target, SavOn, and Ralphs to which she questioned Target as high quality, what was promised was a quality, high end shopping center, proposed seventy-five homes yet they will not be of the quality of those for Hellman Ranch, an assisted living facility by Marriott, an expanded golf course and public driving range. Ms. whyte said for the group in opposition to Measure M to continue to make claims of quality is false, stated that Measure M has nothing to do with the golf course or the expansion of the golf course property, to say the Measure will impact that is not true. She made reference to a letter that stated three thousand people signed a petition to not have this project but claimed that two thirds of the signors were not Seal Beach residents, to that Ms. Whyte pointed out that the one third, a thousand, were from Seal Beach, the letter did not mention that two thousand three hundred people signed the document to place this issue on the ballot. She mentioned a Measure F flier that projected that if a jail is built in Seal Beach it would take more than barbed wire to protect the schools and homes, it is also alleged that Governor John McCain supports a no vote on Measure M, her belief is that Mr. McCain does not know what Measure Mis, for the Council to be part of this is inappropriate. Given the comments of a prior speaker, Ms. Whyte expressed support for Pamela Sheldon as the District Four candidate of her choice. With regard to the bridge, Ms. Whyte said of interest is an OCTA Measure M Annual Progress Report showing turn back payments by Seal Beach for 1998/99 of $212,372 for a total to date of $1,408,696, noted a recent meeting held by a Councilman to discuss alley repairs, during that meeting there was mention of the possibility of some Bixby money corning into the downtown area, there is no talk of Bixby money going to College Park East, in fact it is understood that the tennis club site would become a profit making facility, it is not believed that is true with the Marina Center, also, one concept for the tennis club showed parking on a portion of Bluebell Park, it is hoped that is not true. Ms. Whyte requested a yes vote on Measure M, yes means no commercial development, it has nothing to do with the golf course, somewhat to do with the tennis club however that zoning is not being challenged in this election, and it has nothing to do with the water retention either. Mr. Philip Anthony, stated he represents this community on the Orange County Water District Board, the District responsible for most of the water supply for Seal Beach. He stated that about three quarters of the water supply is groundwater, the responsibility of his District is to keep the basin full enough to enable the pumping of the amounts needed, somewhat difficult due to the growing population, and in spite of trying to capture the natural water from the Santa Ana River it is necessary to buy certain amounts of imported water to keep the basin full enough for use, also, the supply of imported water is under constant pressure from the Colorado River states to acquire part of the Southern California share I I I I I I 2-28-00 and the Northern California supply is continually threatened by environmental issues in the Delta. Mr. Anthony pointed out the extreme importance of Proposition 13 on the upcoming ballot to Orange County and the City of Seal Beach for their water supply, expressed appreciation for the endorsement by the City of that measure, this is the first water bond in California history that guarantees a fair share of the money comes back to Southern California, approximately $3 million will actually be a direct benefit to Orange County. Mr. Anthony urged a vote in support of proposition 13 on the March 7th ballot. Mr. Joe Siler, College Park East, described himself as a strong supporter of Measure M, that Measure will restore golf course zoning on land that the Council changed to commercial, the commercial zoning is to the benefit of the Bixby project, designed to be another shopping center that is not felt is needed, designed by the Council with the belief that considerable money would be generated by the project, the financial analysis was not done individually, rather there was dependence upon staff and they in turn relied upon consultants, alleging those were the same consultants hired by Bixby. Mr. Siler claimed that Bixby plans to sell their land and leave this community therefore they will not be stuck with the miscalculations, when one looks at the money it is found that nearly half is projected to come from the Lowes, the big store that was proposed as the high profit center, the high sales per square foot, during a presentation it was said this would be the perfect location for a Lowes, shortly thereafter they considered the arguments relating to this area, not easily accessible from Long Beach, a number of population voids, not the prime area that they were led to believe, Lowes then abandoned this site, that was half the sales tax revenue anticipated. Mr. Siler mentioned that now there is to be a Target store, Target does not sell as well per square foot as Lowes, calculations show that the families that live closest to this store would need to spend $2,500 per year on average to produce what the City projects in sales tax revenue, it is not felt that will occur. He mentioned also that there is to be a new market, there are now three markets within two miles of the Bixby property, this is proposed to be the newest and largest market in the area, it may likely generate considerable sales, it may become the number one market saleswise, but when there are three markets and the sales are divided between four markets that would be a large reduction for the other markets, some will be hurt, some market may go out of business, likely not the chain markets, rather, the small independent, the Seal Beach Leisure World Market, that will be the market in jeopardy, the one that the owners indicated they feel in jeopardy, Ralphs targets independents. Mr. Siler said he wished to comment on some of the other arguments, which he felt has been demonstrated to be incorrect, the yes group has said that the existing bridge is going to be replaced, not widened, that will not happen, if one talks to the people at CalTrans and OCTA they will state that the bridge is going to be replaced with a longer bridge, that will occur within a five to seven year time period, the plan was to spend fifty percent of the cost of widening the bridge, that cost having now climbed to about $6 million, the City's cost about $3 million, why would one want to widen the bridge, the answer is to accommodate Bixby's traffic, why do some want to vote for the Bixby project, that is so the bridge can be widened, that makes no sense, the existing bridge handles current traffic, the backup is at the intersection, the bridge becomes a parking place, under current conditions a wider bridge would provide a wider 2-28-00 parking place. Mr. Siler claimed that the owner of the ambulance company has said the current service is fine, he was never told that the 22 Freeway was going in and the bridge would be widened anyway, never told that all intersections north of the freeway get worse with one exception, an example, St. Cloud goes from seventy-four percent capacity to ninety, that an unacceptable level, the only intersection the Council is mentioning is Lampson which is reduced eight tenths of one percent. Mr. Siler concluded that a. yes vote on Measure M will allow the cOIlUl\unity to start over, come up with a better plan that is good for the entire City, all plans will provide money to the City. Mr. Doug Karthof, Seal Beach, commended the Council for their effort:s towards the Trailer Park, its existence is important to those residents and the City. He made reference to the person speaking to the Water Proposition, noted that most agencies in this area obtain their water from wells, however one of the greatest problems relating to water is that by reducing open space the water flows to the ocean faster in that the retention basin is not large enough because it has been paved over. Again with regard to the Trailer Park, Mr. Karthof suggested that the profit margin of the owner be determined in terms of any purchase, if the owner had been pro-active and bought the Park a year ago it would have been at a much more reasonable price. With regard to the DWP property there are some that want to develop something on that site that will bring revenue, when asked about the additional traffic and other concerns the reaction is that it is nol: their problem because they do not live in the immediate area, the same applies to the Bixby project, if that shopping center is supported it will draw cars from all over the area, at present the problem is not the bridge it is the traffic signals at Lampson, St. Cloud and Katella, with the project the traffic will be worse, then it will be necessary to cut down another row of trees and that will still not be enough. Mr. Karthof said one of the assets of Seal Beach is the open space, it should not be given up easily, keep the retention basin for the water and open space for the next generation. Mr. Reg Clewley, Seal Beach, mentioned his observance of political signs for the widening of the bridge and urging a no vote on Measure M, said to widen the bridge for the benefit one of the wealthier families is an act of welfare to the Bixby Company. He noted comments relating to the proposed market that will generate considerable sales but at the expense of the other markets in the area, this will not increase tax revenue to the City by any appreciable amount, most food items are not taxable. Mr. Clewley recommended a yes vote on Measure M. Mr. Clewley said he was impressed by the concern of McGaugh students that led to the collection of over $900 in pennies, his curiosity was what these children were going to do with this money, it was found it is for the operations of the Animal Care Center. Much is being done through donations and volunteer efforts for the Center, yet made an accusation that a member of staff recently placed two dogs with the Care Center, questioning if someone who abandons an animal is guilty of a misdemeanor, there should be an investigation. Mr. Phil Fife, College Park East, said of the twenty-five top shopping centers in Orange County the South Coast Plaza is at the top and generates $3.13 sales tax revenue per square foot per year, Newport Fashion Island is next generating $2.93 sales tax revenue per square foot per year, the Bixby Towne Center is projected at $2.95 per square foot, and given the talk of how much revenue this will generate it will need to be done without taking even a dime of taxable sales away from I I I 2-28-00 I existing merchants. If the stores that are reportedly coming to Seal Beach, even though they themselves have not announced so, there will be a Ralphs, Target, and SavOn that will each have a pharmacy, three pharmacies competing with the RiteAide in Rossmoor Center, a large grocery competing with an existing Albertsons, thus it is difficult to believe that there could be that much sales tax revenue and not hurt the existing merchants. Mr. Fife mentioned that something bothersome about the proposed project is that when Bixby sold the land to S & S Construction in the 1960's for the development of College Park East, neither wanted to put in storm drains to accommodate the drainage of the area into the flood channels therefore the retaining basin on the golf course was settled on as an alternative whereby the flood waters drain from College Park East, cross Lampson in inadequately sized pipes, and end up on the golf course where the water percolates into the basin of ground water supply. He said that Bixby, by taking thirty-three acres of what was golf course land and move the same flood retention capability onto the renovated and somewhat enlarged golf course the flood retention goes from eighty-four to eighty-eight acre feet, and if Measure M passes it is certain that Bixby is not going to fill in the lakes that they have already dug, Bixby has had the obligation to retain water on the golf course for forty years, not an obligation from which they can escape if their shopping center is not built. To the comments of Mr. Anthony, Mr. Fife agreed that the City does take much of its water from the ground aquifer, if you take thirty-three acres of land that absorbed water and was covered with vegetation and now cover it with asphalt where oils, grease, etc. collect and eventually runs off into the same retaining basin as the water into the aquifer, the water quality will go down and it is hoped the Water District takes this into consideration. Mr. Fife urged a yes vote on Measure M. Ms. Reva Olson, Seal Beach, commended the Council position on Propositions 12 and 13, important issues for the environment and survival. She expressed concern with this development, stating there is not adequate infrastructure to take care of it, mentioned that she had watched the meeting at which the Bixby project was approved yet the people who spoke against and presented petitions were disregarded. Ms. Olson said she too will vote yes on Measure M. Mr. Glen Clark, Trailer Park resident, said over the past year the people in the Park have been faced with many problems, upon request for assistance the Council and staff have helped in every way they could, the residents too have put forth a tremendous amount of time and effort. Mr. Clark expressed his gratitude. Ms. Sue Corbin, Seal Beach, recalled a resident speaking on behalf of a lost dog at the last meeting, the dog was captured, is at the shelter, doing fine, and now needs a good, loving home. She stated that the Care Center is a professional and loving place for animals. Ms. Corbin read her communication, recommending a yes vote for Measure M, suggested that the comments in the ads and fliers paid for by Bixby need to be refuted before voting. She said CalTrans has stated that the present substandard 405 overpass is slated for demolition when the 22 and 405 freeways add carpool lanes in five to seven years, the new overpass will be constructed whether Measure M passes or fails, City staff knows this but will not announce it until after the vote. The applied for Measure M funds for bridge widening will never be approved for a temporary, substandard overpass that can not be lengthened, CalTrans officials have referred to any money invested in this bridge as throw-away money, if the project is slated for 2010 then Measure M and CalTrans money would be offered to I I 2-28-00 widen but not for projects such as this that have a five to seven year lifespan ending in demolition. She asked if the voters really want to widen a substandard overpass that is slated for demolition in five to seven years for $6.6 million with $1 million coming from Bixby and $1.6 coming from the City capital improvement fund, the funds for roads, alleys, sidewalks, and curbs will be dissipated to a welfare bridge for the Bixby Company. The sales tax from the Bixby Towne Center has already been spent, do not count on this money to pay for capital improvements. Ms. Corbin recoIlUl\ended a yes vote on Measure M. Ms. Corbin said she believes that two of the parties quoted in the Bixby literature have refuted their comments when given the facts, anyone having a financial interest in this project needs to report same before the vote. She said Bixby has over-spent the yes cOIlUl\ittee twenty-five to one, the City Manager had offered to clarify the funding for the bridge widening, a future lengthening was mentioned but it is known it can not be lengthened, again repeating that it is slated for widening in five to seven years, the anticipated $1.3 million of revenue will more likely be $.3 million, the Rossmoor Center, providing twenty- five percent of the sales tax base, will be lost when the left turn lane is eliminated, the mom and pop stores will be lost because people will go to the bigger stores because of their prices, what is being created is not fine establishments that it is said Bixby usually creates, this is a strip mall, and what kind of criminal activity will be attracted with some of the twenty-four hour operations. Ms. Corbin said there is no plus for the residents with the Bixby project, all that is needed is a larger golf course to satisfy everyones needs. Ms. Ann New, College Park East, asked what position Councilmember Campbell is taking on Measure M, the only thing the literature says is support for open space, this project would be against open space, a position is being sought before the election. Ms. Fran Johnson, Coastline Drive, said she has been working for yes on Measure M for some time, hoped that those attending their recent meeting enjoyed it. She said they moved to a small town to retire, everyone does not want a large store like the new large Vons, most of the trees have been ruined, it is likely not understood that the bridge construction will slow down traffic and emergency vehicles, with a large center like the one proposed no one will come downtown, it is hoped people will think of these issues. Ms. Johnson questioned the literature against Measure M which were generated in Sacr~nento and Fullerton. Mr. John Unrath, Seal Beach, said it now appears to be Bixby versus Rossmoor, Citizens Against Excessive Traffic versus the four-fifths of the Council, as mentioned earlier it is said Bixby has spent $85,000, the Excessive Traffic Group has spent about $65,000, that is about $150,000, the population is twenty-five thousand, that comes to about $6 per person, if only a third of the people vote that is about $18 per vote, therefore instead of sending all of the glossy fliers it would be nicer if someone sent him $18 and they would have his vote. with all of the fliers and papers relating to the election, Mr. Unrath reminded all that there is a paper drive on Saturday, bring all of the paper to aid the parks in College Park East. There being no further comments, Mayor Yost declared Public Comments to be closed. I I I CONSENT CALENDAR - ITEMS "A" thru "D" Boyd moved, second by Campbell, to approve the recommended action for items on the Consent Calendar as presented. 2-28-00 A. Approved the minutes of the regular meeting of February 14th, 2000. B. Approved regular demands numbered 26378 through 26679 in the amount of $1,499,219.80, payroll demands numbered 6800 through 6931 in the amount of $217,739.64, and authorized warrants to be drawn on the Treasury for same. I C. Proclaimed April 1st, 2000 as "Census Day." D. Adopted Resolution Number 4786 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 #819, SODIUM HYPOCHLORITE GENERATION SYSTEM 1999/2000, CONTRACT ENTERED INTO BETWEEN CHEMICAL SERVICES COMPANY AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4786 was waived. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried AWARD OF BID - MAIN STREET ALLEY IMPROVEMENTS - PROJECT 820 Bids were received for project Number 820, Main Street Alley Improvements, on February 23rd, 2000 until 10:00 a.m. at which time they were publicly opened by the City Clerk as follows: I Southern California Grading, Inc. Robert G. Castongia, Inc. Valverde Construction GCI Construction, Inc. Nobest, Inc. palp, Inc. dba Excel Paving Zondiros Corporation $318,410.37* $349,819.00* $385,655.00 $429,340.00* $433,250.00 $552,982.00 $597,950.00* (* corrected for clerical error) I The Director of Public Works noted that this is the same project that was brought to the Council in. the fall at which time the decision was to defer the project so that it would not interfere with the holidays. He pointed out that the bids are competitive, the project will replace the sewer and water lines, install new pavement to promote better drainage, also, it is the intent of the Gas Company to replace their lines while the alley is open, this project will commence as soon as the threat of rain subsides. The Mayor asked where this project fits within the Pavement Program. The Public Works Director explained that the alley program is separate from the pavement program that basically due to the fact that the alleys contain most of the utilities, this project will be totally funded by water and sewer revenue funds, as a general rule Measure M and gas tax monies are not eligible to be spent on alleys, General Fund monies could be if they were available. At present alley replacement expenditures are about $100,000 per year with a backup of projects in the range of $14 million, for that grants will be looked at, the sewer rates as well, and should sales tax increase possibly more General Fund monies could be used. He noted again that the project 820 could be in progress approximately two weeks after the contract is executed, however attention needs to be paid to the weather pattern. Councilman Boyd sought assurance that the residents on the westerly side of 10th 2-28-00 Street and the businesses on the easterly side of Main Street will be notified of the project as soon as possible and prefer.ably with an estimated time frame, it will be necessary to pla.n ahead as well to accommodate refuse pickup, and given the fa.ct that that alley has a significant amount of parking, with t.he concurrence of the Council he would like to offer the me,rchants use of the metered lots on Electric and on Main Street. and for customer parking at no charge while construction is in progress. As to the estimated time of constr.uction, the Director concurred with an approximate sixty days, that somewhat dependent upon the Gas Company, there are some coordination issues, the contract provisions require notification, fliers will be distributed to all of the residents before the project, some of the street sweeping may be, suspended, maybe some temporary permit parking. Councilman Boyd pointed out that this project will be in a time period where there will not be significant impact from a seasonal point. Mayor Yost asked what would be the projected loss by allowing free use of the metered lots. Councilman Boyd responded that that is of no consequence, this will displace about seventy vehicles, suspension of street sweeping will be helpful, the desire is to limit the impact on the residents. The Public works Director said he believed the beach lots could absorb some of the parking possibly designate a portion of the lot with some special parking permits. I Boyd moved, second by Snow, to award the bid for Project Numbel: 820, Main Street Alley Improvements, to the lowest responsible bidder, Southern California Grading, in the amount: of $318,410.37, and authorized the City Manager to execut:e the contract on behalf of the City. . I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried Councilman Boyd asked if certain alleys between Ocean and Electric, Main/10th, 13th and 14th specifically, could be vacuum swept to remove the standing water as a result of the recent rainfall. PUBLIC COMMENTS Mayor Yost declared Public Comments open. Ms. Dorothy Whyte, College Park East, stated her amazement at how quickly things move forward in the downtown area, alleys are going to be done, yet Lampson has continued to be in need of realignment for YE~ars. She noted that none of the speakers at this meeting were in support of the Council position on Measure M, all Wl~re in favor of the Measure yet the Council continues to disre9ard the public comments, candidate Sheldon has taken a position in support of Measure M, each member of the Council has b'~en involved with this Measure except the College Park East :r-epresentative. Ms. Whyte reminded that the CPE candidates will be on the Rick Paap Show this coming Thursday evening and Measure M will be debated as well, this is a Bixby/City Council against the residents of Seal Beach issue, questioned the letterhead stationery and desk of Councilman Boyd, she commented also that the layout of the Hellman project is on display in City Hall as was the Main Street Specific Plan when being considered, so why is the Bixby project not on display, people have no idea what is going in or what it will look like. She charged that the Council representative has not had town hall meetings or included CPE residents in this process, the prior Council representative never took a position either, that is terrible, the I 2-28-00 I Neighborhood Association has not had public meetings, Councilman Boyd and Mayor Yost have public meetings frequently. Mr. Phil Fife, College Park East, directed his comments to a prior speaker, stating that the yes on Measure M group has spent not near $65,000, probably not close to $20,000, that compared to the possible $125,000 by Bixby. Mr. John Unrath, College Park East, responded that his calculations were based on the stack of literature, measured by inches, all equally as glossy. Mr. Unrath said the problem with Measure M is that there have been no town meetings, no matter how one votes you lose, if one votes yes there is this better plan out there somewhere, if no you get the shopping center, in either case open space does not come back, again, send him $18 and he will vote either way. Ms. Sue Corbin, Seal Beach, encouraged donations to support Measure M, they have been outspent twenty-five to one at this point, if people believe in the quality of life, property values, the residents, make donations in support of Measure M, put a sign in the window or whatever. Ms. Corbin said she was not calling for one side or the other to win in College Park East, however it is felt that Councilmember Campbell does understand the airport issue where Seal Beach could be third or fourth on the international airport site list. Mr. Joe Siler, College Park East, mentioned that their campaign contributions have come from hundreds of people in all different areas, this basically a community grass roots organization, it is understood that almost all of the money supporting the no on Measure M side is from the Bixby Ranch Company, the beneficiary of the rezoning approved by the Council. He noted the previous speaker was uncertain as to which way this is a win or lose issue, yet there is an easy way to look at this as traffic is what drives the bad things that happen in a community, if there is a lot of traffic you have a commercial area, if little traffic it is a pleasant, rural setting, that is what people would like. He noted that there were about ten alternatives studied when the EIR was prepared, some as few as thirty-five hundred cars a day, some at forty-nine hundred, five thousand, yet this project is one of the highest traffic uses for that property, thirteen thousand five hundred twenty cars per day, lower traffic would have much less impact on the community, congestion, reduced crime, etc. Mr. Siler noted that the bridge is going to be lengthened and replaced, the cost of replacement and lengthening of a six lane bridge at present is estimated at $13 million, the cost to do the same with a four lane bridge is approximately $11 million, the Orange County Transportation Authority has indicated that Seal Beach might be asked to make a contribution if they deem going from four to six lanes as a local benefit, that contribution would be a proportionate share of the added $2 million increment, normally such contributions are subject to matching funds of possibly $1 million, yet if the bridge is deemed to be of regional benefit then the improvements would be free to the City, which brings into debate whether the City would be liable for zero or $1 million in the five to seven year time period when the bridge is completed, the existing bridge will not be widened, neither CalTrans or the Transportation Authority will put money towards widening a bridge where it is known it will be torn down, that means that the City has saved $2 million of the $3 million it would have spent, the cost is now down to $1 million and does not have to be spent for a five to seven year period. Mr. Robert Hobb, College Park East, noted that he had viewed the last meeting from his home, comments were made with regard to support of the defeat of Measure M, it is understood that the members of the I I 2-28-00 Council have that right and have already voted for the project, yet there were personal attack comments towards the supporters of Measure M which, in his opinion, were out of order, yet the members of the Council sat silently while such remarks were being made, which indicates agreement with the comments, this is not appropriate for the City Council, and suggested that the resident to which certain comments were direct:ed be afforded a public apology. There being no further comments, Mayor Yost declared the Public Comment period closed. I CITY llTTORNEY REPORT No report was presented. CITY MANAGER REPORT The City Manager mentioned that some time back the City successfully competed for State monies in the amount of $813,000 towards the $1 million expenditure for beach sand replenishment on the south side of the Pier, the planning process for this project was somewhat of a risk in that the sand was being transported from the area of palmdale by rail, this method thought to not have occurred in Seal Beach before, the sand was of a higher quality and similar to sand that would flow down the rivers naturally if there had not been over-development upstream and jetties placed out in the waters to prevent the natural flow onto the beaches. The Manager made reference to a plaque that was presented to the City and Public Works Director Badum by the Orange County Engineering Council for this innovative, progressive project which is now being looked at by other coastal communities as another viable means of restoring beaches. I COUNCIL COMMENTS Councilman Doane clarified that a reference by the Director of Public Works to Measure M funds in an earlier statement was in fact State Measure M funds, a percentage added to the gasoline tax for roadway improvements. As to the requested public apology requested by a speaker, Councilman Doane said he would not do so as there are still distortions with regard to thl3 market closing, the market that may be in jeopardy is the Vons store in Los Alamitos, that is why they brought legal action against Seal Beach, the Leisure World market is not in competition with other markets in the area, however when "the large Ralphs store went in at Marina Pacifica it may have taken some business away from other markets in the immediate area, the Leisure World Market is specific to Leisure World and is not in jeopardy, that market will not be hurt by a market going into the Bixby Center. He made reference to the rhetoric to stop Bixby, said they are merely a successful company, there is no comparison between the Rossmoor Center and Bixby, the Towne Center will be the same quality as other Bixby developments in the area. Councilman Boyd noted his attendance at a Golden West College Gala Reception on Saturday evening at which all of the cities within the College District were recognized, he then presented the proclamation to the Mayor and Council. Councilman Boyd noted the reference to distortions with regard to the Bixby project, referred to a flier which he deemed, in political terms, as a spin doctor, both sides of the issue have them, the specific flier requesting a yes vote on Measure M citing thirteen thousand five hundred twenty more cars per day, this in reference to the Environmental Impact Report that was commissioned for the Bixby project which identifies thirteen thousand five hundred twenty more car trips per day, thus a distortion of the truth, car trips, I 2-28-00 I not cars, adding cars is different from a car trip, and gave an example of driving to the Los Alamitos High School, stopping for something at the Bixby Center en-route, that is a car trip. He stated that the Center is not a mecca for shopping, a couple of large stores in the likes of a Target and Ralphs to serve this community, not those who reside elsewhere, and proceeded to read other language contained in the flier. He pointed out that Bixby is not planning to pave over the thirty-nine acres between St. Cloud and the 405 Freeway, that is in fact where the new, improved, enlarged golf course is, plans for the project are available at City Hall and the libraries for public review, these are issues he has tried to point out each time the project is subject to discussion, messages should be put forth in a truthful manner utilizing the information that is available. Councilman Boyd said he was not aware that certain proponents of Measure M practiced economic development and economic analysis as it relates to the Bixby project yet some people have espoused as to knowing how much money will be realized from this project, which is not specifically known, the City was given estimates based upon projections from an independent consultant chosen because of their resume and background in that field of work, the question, will it be the highest performing per square foot per dollar value shopping center in Orange County, the answer is no and it is not desired that it be, the intent is that it serve the community, and as the areas around Seal Beach continue to grow it becomes less desirable for the residents of the community to leave in order to provide for the basic household necessities, that needs to be taken into account and the issues being dealt with today are not necessarily to resolve todays problems, rather the problems of tomorrow. Councilman Boyd made note of the negative comments directed to the College Park East Council representative for several years with regard to the Memorandum of Understanding between the City and the Bixby Ranch Company, he explained that any time a developer comes to the City to do a project, in order to protect the taxpayers of the City from having to pay any costs associated with the particular project, including legal fees, consultants, staff time, etc., there is a requirement that they agree to an MOU, in this case the Council at that time signed the MOU to recoup every associated cost of the project, if it had not been agreed to and signed that would mean that any amount of monies due the City would have been waived, and should the Measure pass and the project fail there will again be a Memorandum of Understanding. Councilman Boyd also mentioned that the Orange County Firefighters Association endorsed the improvements associated with the Bixby project to Seal Beach Boulevard after being provided the entire document relating to this project, Medix Ambulance Company was also asked to look at the project and in turn issued a statement that they too believe that these improvements will make their task easier to transport Seal Beach residents to the Los Alamitos Medical Center and visa versa, then, a proponent of Measure M wrote a letter to the President of Medix requesting that they prepare a letter against this project, which Medix refused to do, therefore statements to the contrary are false, as to the Seal Beach Police Association, who prefer to not be political, it is felt they support more tax dollars coming to the City and that this project would not be a major burden in providing law enforcement services. He said these issues must be represented in that manner, he is advocating a position based on fact, when the Orange County Transportation Authority agreed to participate and allow the use of Measure M money I I 2-28-00 through a competitive process that is because of having a letter from Lisa Mills, the Chief Executive Officer of OCTA, making that statement, and if the yes on Measure M proponents have a document from OCTA or CalTrans that says the opposite with regard to widening or lengthening the bridge then the City would like to see it, the documentation received by the City from OCTA and CalTrans is exactly what has been stated with r.egard to this project. Councilman Boyd urged all to vote on March 7th, read the literature, and be an informed voter. Councilmember Campbell recalled her previous announcement to the residents of College Park East relating to a scam operation dealing with the removal and repaving of driveways, it is continuing, again urged residents to check contractors licenses, compare that with drivers licenses, also t:o require the contractor to come to City Hall to obtain the permits for further verification of licenses, etc. with regard to the comment as to why town hall meetings have not been held, Councilmember Campbell offered that there is a small group of residents that feel it is their right to disrupt the meetings, at one such meeting police were even present at the request of the City Manager, therefore instead of town hall meetings she distributes a newsletter every four to six weeks and she is accessible to anyone wishing to reach her, also, it is not true that the College Park East Neighborhood Association does not have meetings, they meet quarterly which are noticed in the newspapers, a banner is hung, they meet in the North Seal Beach Community Center. Councilmember Campbell also rebutted the statement that the Council does not respond to comments and questions from the public, one reason for that is that the Chair generally does not allow responses, at last meeting a statement made by a member of the Council was directed to a person in the audience yet she was criticized for not intervening, to that she pointed out that the member of the audience had been a proponent of the recall against her, she had no intent of stopping the comments. Councilmember Campbell stated that after much agonizing, weighing pros and cons, and discussions with legal counsel, she wished to make a statement relating to Measure M. She reminded all that she did not vote for the Bixby project, her message had been to not allow the zone change, she was the sole vote against the project, and gave up being Mayor because of her position on Bixby, then when the referendum came forward she had stated it did not go far enough, did not reverse everything as it should have, now there is a situation where Bixby can not lose and the City can not win. Her belief is that anyone voting for Measure M is voting for open space, if that is realized it will be short lived because the referendum is poorly worded, ill- written, and flawed, the authors of the referendum did not seek overturning the development agreement, the fact is that Bixby has certain rights afforded them by the development agreement, they just do not have the zoning if Measure M passes, because of those rights Bixby can come to the City to seek building permits, if the City denies the building permits then Bixby can bring a legal action against the City, if the City issues the building permits then the referendum group will sue the City, one way or another the City will be sued if Measure M passes. She mentioned that her opponent favors Measure M, is either setting the City up for a lawsuit or wants to be the.vote.to give Bixby whatever they want having openly said that Bixby should be able to do whatever they want. Councilmember Campbell said Bixby has been working towards developing this site since 1985 upon the expiration of the lease for the crash zone, are they going to go away, the answer is no, they are very patient, thus, not I I I 2-28-00 I only would passage of the referendum not give open space, but it will put the City in such a bad negotiation position that the chance for a larger impact project is inevitable, the concept of M is good because it appears that open space will be regained with no development but the fact is that because the wording is flawed the Measure does not accomplish even in the slightest what it was meant to do, Measure M was not done right. Councilmember Campbell reiterated that Bixby can not lose, the City can not win, therefore reluctantly, she will not be supporting Measure M. Mayor Yost reported that the water quality workshop on the 24th was excellent, educational and enlightening, and thanked those who attended. The Mayor said he too wanted to comment on Measure M, a couple of earlier comments that he wished to refute, with regard to Lowes, that tenant would have been part of the shopping center had it not been for the lawsuit, it is difficult to hold the good tenants when one is being sued and the project is in referendum, that is the reason for Lowes leaving. Mayor Yost stated he is not completely happy with the total project as proposed, his preference would have been a smaller commercial center and that the houses not wrap around the Center, yet the project is still quite good considering what there was to work with. He said if Measure M were to pass it would create a mess, consider the scenario that Measure M would take away the zone change on the commercial portion, the zoning of the residential at the north of the site, a buffer to the Rossmoor Highlands, was tied to the commercial, shown in the vesting Tentative Tract Map as such which means if the shopping center is lost, the housing is lost, developers like housing projects because they make considerably more money with that product, if the Center and the housing is lost then Bixby is not going to give the City the tennis club, the largest recreation facility in the City, if there is no profit center in their project, the answer is no, it is likely that Bixby could bring a legal action against the City to develop the housing at the northern end of the site, the City could take a like action, the tennis club will certainly be lost, Marriott has the interest in the tennis club site which was previously zoned C-2, commercial, which would likely be challenged as a result of the referendum as well, a mess and continued conflict for years that has already been at least sixteen years. The Mayor noted that traffic on Seal Beach Boulevard is currently Level E and will soon be F, the bridge does need to be widened, if developer money is realized that will go a long way towards that project, there are many amenities and benefits with this project that the Council and even some Measure M supporters have fought for, the tennis club site, the $1 million for its renovation which will be designated specifically for that purpose, and the decision as to the use of the tennis club site will be guided by College Park East even though it will require review and final approval by the City. Mayor Yost urged the citizens to vote no on Measure M. I I ADJOURNMENT By unanimous consent, the meeting was adjourned at 8:57 p.m. ~t Clerk and the City of 2-28-00 I 3-13-00 Attest: It:: Approved: I Seal Beach, California March 13, 2000 The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Yost calling the meeting to order. The Salute to the Flag was led by Girl Scout Troop 2234. Each Scout was introduced by the Troop Leader, the Scouts in turn presented each member of the Council with a box of Girl Scout cookies. 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 Chief Cushman, Lifeguard Department Ms. Beard, Director of Recreation and Parks Mr. Dorsey, Assistant to the City Manager Ms. Yeo, City Clerk I WAIVER OF FULL READING By unanimous consent, the reading in full of all ordinances and r'~solutions was waived and the consent to the waiver of reading was 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. PRESENTATION The proclamation designating the week of March 11th, 2000 as "Girl Scout Week" was read in full by Councilmember Campbell and in turn presented to Troop 2234. APPROVAL OF AGENDA Councilman Boyd requested that Item "N", the report relating to a Historic Preservation program, be continued until the last meeting in April. A member of the audience requested that Items "C, J, and K" be removed from the Consent Calendar, and the audience was informed that public comments would be accepted with regard to Item "A-I", meeting procedural rules. Boyd moved, second by Campbell, to approve the order of the agenda as amended. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried