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HomeMy WebLinkAboutCC Min 2000-11-13 11-13-00 Seal Beach, California November 13, 2000 The City Council and the Redevelopment Agency of the City of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Campbell calling the meeting to order. I ROLL CALL Present: Mayor Campbell Council/Agency Members Boyd, Doane Council/Agency Members Larson and Yost and the City Manager were awaiting tne majority of the Council in the conference room to meet in Closed Session. Also present: Mr. Barrow, City Attorney Ms. Yeo, City Clerk CLOSED SESSION The City Attorney announced that the City Council/Agency would meet in Closed Session pursuant to Government Code Section 54956.8 to confer with the City's property negotiator, and Government Code Sections 54956.9(a), (b), and (c) with regard to matters of litigation. The Council adjourned to Closed Session at 6:03 p.m. and reconvened at 7:03 p.m. with Mayor Campbell calling the meeting to order. The City Attorney reported that the Council and Agency had discussed the items identified on the agenda, no reportable action was taken. ADJOURNMENT Boyd moved, second by Larson, to adjourn the meeting of the City Council at 7:05 p.m. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried C't Clerk and the City of Approved: Attest: I Seal Beach, California November 13, 2000 The City Council of the City of Seal Beach met in regular session at 7:05 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. I I I 11-13-00 ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost Absent: None Also present: Mr. McIntyre, Interim 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, Parks, and Community Services Ms. Arends-King, Director of Administrative Services Mr. Dorsey, Assistant to the City Manager Ms. Yeo, City Clerk APPROVAL OF AGENDA Councilman Boyd requested that an item be added to the agenda inasmuch as it came to attention after the posting of the agenda, a resolution relating to a lot line adjustment, to be identified on the Consent Calendar as Item R-l. Boyd moved, second by Larson, to approve the order of the agenda as revised to include item R-l. c AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried Mayor Campbell mentioned that the Seal Beach Chamber and Business Association would be making a brief presentation relating to the beach and River cleanup effort. With regard to addressing items on the agenda, Mayor Campbell advised that the Council will go back to the prior procedure whereby comments to agenda items may be made during the Public Comment period unless an item is under public hearing, with the exception of the continuation of the Trailer Park matter from the last meeting. PUBLIC COMMENTS Mayor Campbell declared Public Comments to be open. Mr. Doug Korthof, Seal Beach, spoke regarding the Hellman property, said at one point people seemed to agree that it would be nice to save all of the Hellman land for wetlands restoration yet there was no money, now after the lawsuit it is understood one hundred fifty-seven acres will be saved for eventual wetlands and there seems to be a lot of money, but there is also the plan to build seventy houses, that a remaining component of the golf course plan. He mentioned that there are groups working together in Signal Hill to improve the hiking trails and join them to a series parks, the trailhead being a thirty-two acre nature park, that will be a regional resource for everyone, a commitment has been stated to save the Los Cerritos wetlands with the $14 million procured from the State with matching funds anticipated, the Huntington Beach Council is working hard to save the Little Shell wetlands, that too the result of a lawsuit, allover people are seen giving more respect to the old cities and coastal areas, but in Seal Beach there remains the piecemeal project remains for seventy homes, it needs to be given more thought, without the project it would not have been necessary to open up Gum Grove Park to Seal Beach Boulevard which will , \ 11-13-00 cause traffic and security problems making the Park very much different. Mr. Korthof said he has observed that the Hellmans do have some civic respect, he would like to see the Council work towards the purchase of the acres designated for the homes, use the money that is dedicated to realizing this project, seek resources from outside, and compensate the Hellmans fairly, the Hellman property provides a block for a potential wildlife corridor between the Los Cerritos wetland area, the soon to be restored Hellman wetlands, the National wildlife wetlands, and the wetlands leading to the Bolsa Chica, this could be a major wildlife corridor except for the seventy homes, so, the people could come together and work with the Hellmans to buy this property and preserve the whole area for the creation of a wildlife corridor. Ms. Kim Masoner, Seal Beach Chamber and Business Association, mentioned the recent beach and riverbed cleanups, the whole community came together on october 28th, the various City departments, Fire Department, residents, business owners, the first lady of California participated then, enjoying Seal Beach, shopped on Main Street, the Americorp Volunteer National Make A Difference Day group had a few hundred persons participating in the cleanup effort, there were a total of eight hundred eighty nine bags of trash collected that day. Then there was the riverbed cleanup, Councilmembers Boyd and Yost participated, there were nearly two hundred volunteers at the cleanup site, seventy-five were from Boeing, access bridges were built by two engineers from Eagle Highlift, as a result of the bridges both sides of the River could be cleaned, the Leo's were actually in the water where they removed shopping carts, an aluminum ladder, chain link fencing, bicycles, tires, baby strollers, a sofa, and an auto bumper, also, after the bags were filled a human chain was formed to move the bags up to a point where they could be loaded onto a truck. The Masoner's showed pictures of the before and after results of the cleanup effort. Ms. Masoner asked all to remember that anything placed in the street or storm drain goes into the River, to the ocean, and then onto the beach. Mr. Masoner noted that they are learning as they go forward with this project, there is so much that needs to be done, the impact of each polluter has such an impact on the way of life, also, these efforts are being made possible as a result of the proceeds from the Sand Castle contest held this past summer. He mentioned that a three phased goal has been formulated, the first is education, there were participants in the cleanup effort who would be willing to help get word out to the public, along the riverbed, in schools, etc., the second phase would be action, and lastly is legislation, their intent is to get in concert with what the City is already doing, stated he and his wife would request a seat on the storm and water quality committee being considered at this meeting, and thanked all of those who participated in the cleanup projects. The Mayor mentioned that the day of the first flush the River was loaded with debris. Ms. Barbara Arnold, Seal Beach, announced the upcoming Ninth Annual Seal Beach Community Choir performance of The Messiah at McGaugh Auditorium on Sunday, December 10th at 7:00 p.m. Ms. Arnold distributed a packet of information relating to this community event, noted it was nine years ago that John Heideman, Director of Music at the Grace Community Church, and herself, Director of Music Ministries at the First United Methodist Church, chose to do a larger musical performance for Christmas, a fine arts event that would be non-denominational and involve anyone from the City that desired to be part of it, there are now five churches represented, anyone wishing to sing is invited, there will be I I I 11-13-00 I handbell ringers, and in keeping with the wishes of Handel donations will be accepted for the poor and needy. Mr. Gordon Shanks, Surf Place, made reference to the Hellman project, and historically to the potential developers of years past, it is believed the maximum number of units for the property is fourteen hundred units, that number is now down to seventy, and although there have been problems with the landowner from time to time., Hellman is the only developer who has tried to do something, there is a Coastal Commission that is out of control, his feeling is that at the least this community should go along with the seventy homes, that will not hurt the City, the remainder of the site will be wetlands eventually. Mr. vic Peterson, Los Alamitos, claimed ownership of property at 322 - 7th Street, tha~ property has been flooded five times in the past fifteen years, during a prior flood the past Councilman Brown was able to obtain six portable pumps for use at the Seal Beach Boulevard pump station and the station near Marina Drive, to his knowledge those pumps were not deployed during the recent flooding. He mentioned being aware of the intent of the City to redo the sewers, this may be a good time to incorporate improvements in his area into that plan, in the interim a culvert was put in at Marina/7th Street however when it fills, and with the amount of water flowing from the Hill, the water can be seen actually boiling up and instead of taking away, it delivers water to that area. Mr. Peterson mentioned that a number of people were flooded when the pump went out, there should be backup systems, his suggestion would be to keep the,drains cleaned during the rainy season, make certain equipment is working prior to, better maintenance, a plan to deplore, and to increase capacity at Marina/7th when the sewer system improvements are planned. Mr. Gary O'Neil, Corsair way, also mentioned the flooding of the Bridgeport area on October 27th for the second time in less than two years, it has yet to be heard if the pump problem was fire or electrical, nonetheless it falls back on maintenance or the lack thereof. Mr. O'Neil noted that the area is not listed as being in the flood plain therefore residents are not required to carry flood insurance, yet after the 1995 flood when these same pumps did not operate he had eighteen inches to two feet of water throughout his home therefore he has had to carry flood insurance due the inability of the City to maintain the sewer system, his understanding is that the sewer system should gravity drain without the need of pumps, the pumps were in place for large accumulations of water, primarily at high tide, on the 27th of October high tide was at 10:00 a.m., the flooding occurred at 4:30 a.m., this was also not a catastrophic storm. Mr. O'Neil mentioned that the City moves tons of sand each year to alleviate flooding south of the pier, a known problem area, other areas in the City should be afforded the same consideration, the flooding of the Bridgeport area is preventable, the City should be putting in the same amount of effort into maintaining the sewer system and associated equipment, that is far less expensive than sand replenishment and building berms, he has watched the landscaping on Pacific Coast Highway, medians on Seal Beach Boulevard, and questions where the City has placed its priorities. Mr. John Wright, Island View Drive, mentioned being a four year Seal Beach resident, previously Long Beach, a windsurfer, and offered his services to the Ad Hoc Water Quality Committee, he is a current six year employee with the Jet Propulsion Laboratory for computer graphic software for NASA, previously Hughes Aircraft, prior to that a consulting engineering company designing water and sewer treatment plants, his father was a I I 11-13-00 designer of water and sewer treatment plants as well. Mr. Doug Brown, 8th Street, pointed out that the issues seem to be water quality or related, asked how many cities are involved in the runoff situation, he too commended the Massoners, Council and volunteers for the beach and river cleanup. Mr. Brown then displayed the trash he recently collected from the south side of the pier, straws, paint cans, milk cartons, baby bottles, greenwaste, etc., and claimed that the debris in the river is considerably worse after a storm, and noted he wants to start a program to inform kids to dispose of their trash correctly. Councilman Yost invited Mr. Brown to join a traveling road group to other cities, possibly starting in Long Beach andrelook at their filtering boom on the Los Angeles River. Mr. Matt Mikkelson, Surf Place, reported that on October 18th, early evening, he observed workers at his neighbors residence where a pool was being built, where they allowed between five to seven hundred gallons of water, acid, plaster, etc. to flow down the gutter, the Police Department was summoned, they in turn called the Fire Department who responded and tested the water with something similar to a litmus, the degree of contamination was said to be thirteen and the Department was believed to have made the proper notifications, they left the location, there was no cleanup, however anything twelve and a half or over is considered to be hazardous waste. In response to the comments that it is upstream that the River contaminants originate, Mr. Mikkelson stated the contractor informed his neighbor that that was the way they do business and the way they will continue, at that point he decided to not let this issue drop, he personally contacted Fish and Game and found they were never notified, the Coast Guard said the amount was not large enough for them to handle, however according to the Health and Safety Code, Penal Code, Fish and Game Code, any amount of water that goes into a storm drain will have a negative impact on fish and wildlife, he met with a representative of the Police Department and the Department of Fish and Game, an environmental resources specialist advised that they have a year to file a case, what is bothersome is that after pursuing this concern nothing was done, to his knowledge the contractor has not been fined and he will continue his practice of dumping. Council noted that this issue is an agendized issue for discussion. There being no further comments, Mayor Campbell declared Public Comments to be closed. ~ I I PRESENTATIONS PROCLAMATION Mayor Campbell read in full the Proclamation recognizing the Automobile Club of Southern California on its 100th anniversary. Boyd moved, second by Larson, to so proclaim. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I FRIENDS OF THE NATIONAL WILDLIFE REFUGE Dr. John Bradley, manager of the Seal Beach National Wildlife Refuge, said he wished to bring to attention the Centennial of the National Wildlife Refuge System. Dr. Bradley noted that the first refuge was established in 1903 by President Roosevelt on a small island off the coast of Florida to protect wildlife, particularly the brown pelican, this has grown into a nationwide system of over five hundred thirty refuges on ninety-three acres of land throughout the States, the Pacific Islands and the Carribean, on November 2nd this 11-13-00 I year the Congress passed a Centennial bill which is intended to promote the wildlife refuge system, this year to be called the Year of wildlife in the United States, the refuge on the Naval weapons Station is a large portion of Seal Beach, his hope is that over the next couple of years, leading to the Centennial, he can work with the Business Association and the schools to promote the national wildlife Refuge System, good for wildlife and the quality of life. Dr. Bradley distributed information to the Council and presented the Mayor with a book entitled 'Fulfilling the Promises' which is the result of a 1997 Congressional Act, the first organic legislation of the National wildlife System, placing wildlife first and emphasizing six priority public uses over all other public uses on the Refuge, that is hunting, fishing, environmental interpretation, environmental education, photography, and bird watching. Dr. Bradley said because of the overlay condition of the military access to the Refuge has been somewhat limited, the Friends of the Seal Beach National Wildlife Refuge, formed in 1995, have been working with the Navy and the community to increase the accessibility to the Refuge to the community and the region, the goal is to increase that even more for the Centennial. At the request of Council, Dr. Bradley advised there are public tours of the Refuge the last Saturday of each month from the Main Gate at about 9:00 a.m., noted too that the Friends have initiated a number of habitat restoration programs and private tours for school and scout groups. Mr. Rudy Mitimier, Treasurer of the Friends of the wildlife Refuge, noted that this is a totally volunteer group, an objective of the Friends is to do as much restoration as possible of the Refuge, the Navy has allowed access to their facility and are most cooperative in allowing that goal to be achieved, the public is involved, many come to assist in putting the native plants back as they once were before the area became degraded, a landscape architect is donating his time to assist this effort as well. Mr. Mitimier stated that his mission is a fund raising effort, a talented artist, Lee Mothas, has been brought into that process, and pointed out the watercolor on display of the Seal Beach Wildlife area most likely about the turn of the century, the artist did a painting of the Bolsa Chica as well, their intent is to seek the assistance of the business community to sell the posters for the purpose of fund raising. Mr. Mitimier presented the City with a signed copy of the poster, postcards reflecting the same scene, and an application to join the Friends of the Seal Beach National wildlife Refuge. In response to Council, Mr. Mitimier mentioned that the posters are available at the Naval Weapons Station, $70 signed and $40 unsigned, their problem however is that they can not sell things on the Base therefore they are bringing their efforts to the community. I COUNCIL ITEMS I RESOLUTION NUMBER 4854 - AD HOC WATER OUALITY COMMITTEE The Interim City Manager noted this item is in response to a discussion with regard to the formation of this committee at the last meeting, the suggestion of staff is that the committee be comprised of five members however that is at the discretion of the Council. Councilman Yost stated his preference for ten members, suggesting that Steve and Kim Masoner automatically be members, Mr. John Wright and Mr. Mike Balchin his appointees. Councilman Doane clarified that it is not the intent that an appointment needs to be made from within the Council district. 11-13-00 Yost moved, second by Doane, to approve Resolution Number 4854 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CREATING AN AD HOC WATER QUALITY COMMITTEE" as amended to reflect a membership of ten. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I Councilman Boyd made mention that the City has a $450,000 grant received last year for the purpose of expenditure on whatever is needed to improve water quality, the grant thanks to the efforts of Assemblyman Scott Baugh. RESOLUTION NUMBER 4855 - AD HOC PARKING MANAGEMENT COMMITTEE The Interim City Manager noted again that this item is in response to Council discussion from last meeting and this committee is proposed to be comprised of ten members. Resolution Number 4855 entitled "A RESOLUTION OF THE CITY COUNCIL OF SEAL BEACH, CALIFORNIA, CREATING AN AD HOC PARKING MANAGEMENT COMMITTEE" was presented to Council. Councilman Boyd indicated his interest in chairing this committee inasmuch as this is an issue of concern of his district if it is the intent of the Mayor to not do so. To the mention by the Mayor that each member of the Council will appoint two voting members and question as to the non-voting members, Councilman Doane said his understanding is that they would be staff persons, and again, clarified that these appointments are not required to be made from within a district. Councilman Larson clarified that the committee will consist of ten appointed members, two non-voting members, the Chair will be the eleventh voting member, the Resolution will be amended to reflect that the Committee will select the Vice- Chair, and moved adoption of Resolution Number 4855 as amended. Councilman Boyd seconded the motion. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried Councilman Yost appointed Mr. Ron Bennett, resident and business owner, and Mr. Shawn Stewart. Councilman Boyd appointed Mr. Jay Bullock having extensive experience in Orange County in urban planning and parking issues. Councilman Doane appointed Mr. Woody Woodruff and himself. The appointments of Councilman Larson and Mayor Campbell were held over to the next meeting. FLOODING UPDATE Councilman Yost noted the recent heavy rainfall and resultant flooding situation with waters approaching the entryways to homes, it is felt that the residents are looking for information with regard to what exactly transpired, the pumps, maintenance, current status, and how this can be avoided in the future, he mentioned too that this is a redevelopment area which may be a source of funding for improvements, also, this is urban runoff that is being pumped directly into the River without any form of filtering, there are other localities that do forms of filtering or dry water diversion into the sewer system. The Director of Public Works pointed out that October 27th brought the first rain of the season, the west end pump station had a fire, one of the two pumps was affected, between City staff and the Fire Department it was possible to get the second pump operating in sufficient time to prevent further problems, water came I 11-13-00 I very close in Bridgeport and the Trailer Park and it is understood some cars on First Street had some water damage. The Director mentioned that the cause of the fire continues to be under investigation, on this date the Fire Department indicated there may be some connection to electrical issues, one of the problems in determining the true cause is that during efforts to get things running as quickly as possible evidence was likely destroyed. He noted that the unit is about forty years old, well past its design life, the equipment is serviced on a regular basis, in fact in this case just the week before, typically before the winter storm season begins, assumed to be mid-October, by the end of September the pump stations have been gone through, equipment test run, catch basins cleaned, inspecting storm lines, and making sure the dirt and debris is removed from existing basins, unfortunately the first flush storm is when a lot of things wash off of private property onto the streets, on the day of this storm there were no problems with clogging and when the pumps came up the water seemed to lower quite rapidly. The Director stated at the present a temporary engine is installed, the pump mechanism is still operational, it was not damaged in the fire, therefore the City is prepared for additional storms, fortunately there was not a need for the second pump however it was ready, the primary pump is now being set up so that it is more automatic, also, whenever there is a rain threat there is a twenty-four hour crew that stands by to monitor that pump station. In the long term discussions have already been held with the consultant with regard to the design of a replacement pump station, and recalled that about a year ago the Council approved the Master Plan of Drainage, one of the priority projects was the replacement of this pump station, the preliminary cost estimate is about $1.7 million, there may be an opportunity to fund that through a current refinancing effort in the next budget year, this will also provide the opportunity to address some of the water quality issues, although there is presently a trash rack in the pump station it is not that effective and the pumps tend to push the debris through during high flow times, the possibility of designing a low flow pump station is being given thought where that would filter out hydrocarbons, oils, etc., possibly an option to divert into the sewer system as well for transport to the Sanitation District treatment plant. with regard to a question relating to drain blockage, the Director responded that there was no blockage, the problem occurred when it was necessary to shut off the gas, water was collecting during that period when both pumps were shut down. As to drainage by gravity, the Director responded that the City does not drain on gravity, however there is a potential plan for a gravity line on Marina Drive at some point, at present all lines are pumped, the reason is that the water comes from so far in order to get the appropriate fall in the drains it needs to be lower than the San Gabriel River, the same holds true on the east side at the station at Electric and the Boulevard, the Los Alamitos Retention Basin as well which drains Rossmoor, College Park East, and points north, that too is pumped into the San Gabriel River, all of the pumps have backup systems, at west end it is a propane tank backup, hopefully the new design will have electric motors as well, the intent is to design fail-safe's into the systems, the County is doing the same, the gravity system is not a realistic way to drain most of Seal Beach. With regard to temporary pumps the Director explained that the two pumps at west end are twenty-five thousand gallon per minute pumps, it would be difficult to have a portable pump that would even I I " 11-13-00 come close to that amount however any pump in a storm will help, the City does have access to pumps and does work with local contractors and rental yards that have some pumps, the Fire Authority is an excellent source of emergency equipment, the Police Department has been working to find surplus equipment as well, the pump currently at west end is a rented unit at about $3,000 per month, the City may need to use it throughout the winter season unless a surplus engine can be found. As to the number of homes with water, Councilman Yost said he believed there was one. Mr. vic Peterson addressed the Council again stating that in 1995 their units had two feet of water, at that time .the City somehow acquired four or six portable pumps, there was an AQMD permit issued for those pumps, yet no one seems to know where they are, nor is there a plan to deploy them. The Director noted that the Los Alamitos Retention Basin is operated by the County and offered to contact them as to pump availability, also noted that the comments are directed to two different pumping areas, the west end is the forty year old pump the other is the Los Alamitos Retention Basin which has recently been upgraded. Councilman Boyd stated that in 1995 there was pump failure at the east end of town, Seal Beach Boulevard and Electric, those pumps have since been replaced and are the property of the Orange County Flood Control District, they have a program in place to provide sand bags as well as three or four large pumps, those are not in the City on standby, the City is presently looking to acquire some temporary, mobile pumps, through the federal surplus property program, the Fire Authority also has those kinds of pumps which can be deployed, yet the Authority is a multi-regional service that services five hundred eleven square miles. This discussion is a staff/customer service issue that affects all persons, the Council should actually be talking policy, that would be to provide the funds and direct staff to fix the forty year old infrastructure, there is a Capital Improvement Plan in place, funded as part of the Master Plan for Drainage, the Plan was approved a year ago but is still being worked on, the reason for that is that there are only two people, funds need to be allocated to get these improvements done faster. Mr. Frank Boychuck, Trailer Park, offered that he has lived within three feet of the subject pump for the past twenty years, the old system, the pump that burned, had two red lights, below the lights was a number and message that when the lights go on the number is to be called, that was obviously some type of safety system, the number is actually the Police Department yet when called they do not know what to do. Mr. Boychuck said he has also been awakened during the night with bangs or explosions coming from the pump station, especially when it is raining, it was no surprise when the pump blew up, the $1.7 million for replacement would probably be a good idea at this point. Councilman Yost requested that an update report be brought back to Council. The Interim City Manager noted that this will be discussed in conjunction with the refinancing of the Redevelopment Agency bonds. I I URBAN RUNOFF Councilman Yost stated that this item relates to the hazardous material incident on Surf Place, in this case the pOlice and fire were there however it appears that all parties did not receive notice nor cleaned up, his request would be that staff prepare a formal policy for such incidents and provide contact telephone numbers for the appropriate agencies. Councilman Boyd said he was not certain that there should be a specific Council policy, this I 11-13-00 I is an operational issue for the emergency responders, he would personally like to see an investigation of this incident to determine if it was handled properly at both the City and Fire Authority levels, including notification of agencies, a report from police and fire with regard to the specifics of this incident would be good. Councilman Yost countered that he wants someone from the City to take a vested interested and see that there is a follow up of such things, that does not necessarily happen at the County level, he does not want this to happen again. The Interim Manager suggested that staff prepare a report to Council then it can be determined if a policy is necessary. It was again stated that the Council sets policy not procedure, this is a procedural issue, the Manager noted that nonetheless the Council should be aware of the procedures. Councilman Doane expressed his concern that this contractor is evidently in the habit of dumping as he did, possibly there needs to be a permit process that sets forth the regulations, to that Councilman Boyd mentioned that if this person is doing business in the community he should be a licensed contractor, and Mayor Campbell described a similar incident in College Park East involving antifreeze, paint, and paint thinner. The Interim Manager reported having met with the County CAO this week and they too are not satisfied with their urban runoff response and will likely initiate some major changes to the way it is dealt with and how they allocate resources. The Mayor spoke in support of the City's procedure involving some type of fine. I CONSENT CALENDAR - ITEMS "G" thru "R-l" Yost moved, second by Boyd, to approve the recommended action for items on the Consent Calendar as presented. G. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. H. Approved the minutes of the October 23rd, 2000 regular adjourned and regular meetings. I. Received and filed the monthly investment report for the period ending August, 2000. J. Received and filed the monthly investment report for the period ending September, 2000. K. Approved regular demands numbered 29642 through 29959 in the amount of $1,085,951.35, payroll demands numbered 9785 through 9928, and 27700 in the amount of $146,722.58, and the payroll liability account 9000417 through 9000424 in the amount of $73,053.08, and authorized warrants to be drawn on the Treasury for same. I L. Adopted Resolution Number 4856 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SEAL BEACH POLICE OFFICERS' ASSOCIATION AND REPEALING ON THE EFFECTIVE DATE SPECIFIED ALL RESOLUTIONS " 11-13-00 IN CONFLICT THEREWITH." consent, full reading of 4856 was waived. By unanimous Resolution Number M. Adopted Resolution Number 4857 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SEAL BEACH POLICE MANAGEMENT ASSOCIATION AND REPEALING ON THE EFFECTIVE DATE SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 4857 was waived. I N. Adopted Resolution Number 4858 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT." By unanimous consent, full reading of Resolution Number 4858 was waived. O. Accepted the resignation of Ms. Donna McGuire, the District Four representative to the Environmental Quality Control Board, term expiring July, 2004. P. Received and filed the staff report and approved the recommended use of the California Law Enforcement Equipment Program Hi-Technology Grant in the amount of $109,472 for 800 MHz law enforcement radio system equipment, computer aided dispatch/records management system upgrade, reverse 911 system, and A-TIP video project. I Q. Adopted Resolution Number 4859 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS." By unanimous consent, full reading of Resolution Number 4859 was waived. R. Rejected the claim for indemnity of Gim Tan Jeong and Moon Sheung Jeong, and referred same to the City Attorney. R-l. Adopted Resolution Number 4860 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING LOT LINE ADJUSTMENT NO. LL-00-07 FOR PARCEL 1 AND PARCEL 2, ALSO KNOWN AS 349 & 351 13th STREET." By unanimous consent, full reading of Resolution Number 4860 was waived. I AYES: Boyd, Campbell, Doane, Larson, Yost NOES: None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:32 p.m. The Council reconvened at 8:47 p.m. with Mayor Campbell calling the meeting to order. REDEVELOPMENT AGENCY RESOLUTIONS 00-4 and 00-5 - SEAL BEACH TRAILER PARK - REVENUE BOND ISSUE At the request of Trailer Park residents, Mayor Campbell 11-13-00 I invited their brief comments relating to this item. Mr. Bill Orton, Riversea Road, mentioned that Councilman Yost, at a recent meeting of the San Gabriel River Conservancy, did express the views of the Council relating to urban runoff. Mr. Orton made reference to two letters he had forwarded to the Council, commended the Council for their interest and support for the Trailer Park. Mr. Orton stated he does not support this project, this his first opportunity to review the details or have meaningful discussion on the issue as debate in other venues is not free and fair, therefore would implore the Council to show due diligence in exploring this issue in its full range. Mr. Orton said his objections are that the price is too high, it is he who made the motion to empower the negotiators to negotiate, a motion also that there be no alignment with a non-profit, he feels this was negotiated on a basis of weakness, not strength, therefore spending too much money, secondly, his feeling is that there is too much debt, the financing package however is quite good, therefore due to the high price, the MPROP funds are a loan and not a grant, and because there is so much loan attached the people will be carrying a lot of debt, he resents a clique saying that he can afford another couple hundred dollars a month. Mr. Orton also expressed his opinion that the people have no direct control over the management of the Park once it is purchased, it is being purchased by a non-profit and financiers not the residents, there will be a management board consisting of seven members, two of whom shall be members of the Park, one of whom will be a resident of the City, nonetheless, that is still only three out of seven votes, that entity will be determining future rent proposals, the formulas on which rents are based, the people will not have the deciding vote. Mr. Orton also said he is philosophically opposed to using tax payer money to subsidize rent, in his view it is dishonorable because there is considerable Seal Beach taxpayer money that is being bandied about, not so much that it is an integral part of this project but to buy the silence of people, a subsidy will be fine until that money runs out and the residents will have to pay the full amount yet they can not afford it, there will be many people in that position. Mr. Ed Lenahan, Riversea Road, said he was speaking on behalf of a number of people, his belief is that about ninety percent of the people who bought into the Park did so because of the covenants under which rents could only be raised two percent per year. with regard to the current proposal Mr. Lenahan said he was told that two-thirds of the residents voted to buy the Park residents yet he never had a vote, this project will force many people to move from the Park, the new owner, Mr. Hall, he then threatens the City with a lawsuit, he questions why the City would be afraid of him, it is said the City does not want to go to court with Mr. Hall because of the cost, however Mr. Hall does threaten. Mr. Lenahan asked if the City would like to own the land some twenty years from now on which the Park sits if the cost was nothing or very little, this is a possibility, something good for all, let the City buy the Park, let the space rent pay for the Park for the City. Mr. Lenahan stated that if the covenant were enforced then Mr. Hall would not want the Park, he wants to tear it down and build something eise. He again made reference to the vote issue, stating a flier that asks for a signature if there is an interest in purchasing the Park does not constitute a vote, that was the only vote, how could a vote have been taken to buy the Park where questions have been asked as to what the space rent will be, who is responsible for maintaining the Park, responsible for paying the taxes on I I 11-13-00 the land, the response from the committee has been to not worry about it, that would be worked out after the Park is purchased. Ms. Karen Terrasio, Welcome Lane, said she was representing people who have a number of questions and concerns, she would like to compile and submit those in written form so that they can be answered. Ms. Terrasio was questioned as to specific questions, her response was the leased spaces versus rented spaces, whether people will be allowed to build on their property, from past experience that is questionable, some questions are detailed, they would like to slow down this process in order to obtain answers. Ms. Terrasio was advised that this process has been ongoing for many months, questions have been answered as they have been raised, to that Ms. Terrasio countered that there is nothing on paper, nothing compiled in one document for people to review to determine if this is in their best interest, also questioned the two-third majority of the Park. Ms. Terrasio was invited to submit any questions to the City Manager however was advised that that will likely not slow this process. Mr. Paul Jeffers, Cottonwood Lane, asked if the regulatory agreement is basically the new covenants, he had been informed by the representative of Linc Housing that after the Park was acquired and a non-profit corporation established it would be then that new covenants or rental agreements would be written. The City Attorney said he believed that Linc would answer that question, however explained that some of the documents before the Agency at this meeting pertain to portions of existing covenants, there will be portions that will be replaced by these documents but there may be additional documents sometime in the future. Mr. Jeffers referred to Article 2 of the document titled affordability and occupancy covenants, Section 2-1(a) states that twenty percent of the Park will be low income persons, sixty percent moderate income, then twenty percent is left open for any amount of income, he said he feels pressured, he was told by Linc that he would have input when the covenants were written, part of the problem in the past is that the residents had no say, if the tenants are going to eventually be the owners then all should have input, not prepared just by a committee, he wants the ability for referendum every time thee are changes, his feeling too is that the twenty percent open income provision is a potential for wealthy people to come in and build large units, leaving others with their little trailers, in the past there were six open income spaces. Although unable to speculate as to what may happen in the future, the City Attorney confirmed to Mr. Jeffers that he was reading the agreement correctly, twenty percent for low income, sixty percent for moderate income, and twenty percent open income, however explained that there are other restrictions on the ability to transfer property and raise rents. Mr. Jeffers noted that in the prior covenants rents were to be twenty percent of ones income, with this he has been led to believe it would not be more than thirty percent of income, yet the staff report makes reference to not more than forty percent of the gross household income. Mayor Campbell explained that this lowers the threshold amount to qualify which opens the Park to more low income persons, if the percentage is kept small then no one can qualify, to that Mr. Jeffers asked then what percentage of income will the residents be expected to spend for housing, and again, will the residents have the opportunity to participate in writing the covenants. In reference to the regulatory agreement, Councilman Boyd explained that in this case the City is issuing bonds for a non-profit housing authority to come in and assist in the purchase of the Park, by law they need to I I I .~ 11-13-00 I set aside twenty percent of the housing for low income persons, the City has said it wants forty percent for moderate income so that the people who live there do not get displaced, the concern seems to be that twenty percent of the Park will move because those parcels can be opened up to free market, if they choose to sell that is the choice of the individual tenant. Again, the City is the issuer of the bonds, Linc is assisting with the purchase of the Park, and if twenty percent of the Park is for low income, sixty percent for moderate income, and as the process goes forward to qualify incomes a regulatory agreement is drafted, there is no more covenant, the people who buy the bonds need to understand they are 501-C non-profit bonds with the regulatory agreement attached, noted that some parks could set aside a greater percentage, yet given the debt service based upon the evaluation of this Park, which was $11 million, the Park is being obtained at a cost of $7 million. Councilman Boyd mentioned that the intent is to meet the debt service based on the number of spaces, the amount of rent, and to meet the qualifications to cover the debt, the City will be putting in low income housing set aside monies where there are going to be penalties for not using it, it could be said that people of low and moderate income means have been denied the ability to live in this community because the setaside monies have not been used. He offered that from his experience it does not appear that this project will change the lifestyle of the Park residents, as stated, rents start at $364 per month, the staff report likely answers a number of questions, is available to the public, the value of the Park ranges from $6 million if the covenant could be fully enforced to market value, market rents, no covenant, $11 million, that if they could increase the rents to what the market will carry in Seal Beach for land that close to the beach, if the Park situation could have been foreseen it is unlikely the residents could have been convinced to buy the Park. Councilman Boyd explained that part of the business of being in real estate is finding the deal, the person who bought the Park did so through connections in the mobile home park business, he knew there was a seller, the person that owns the land determines its price. I I Mr. Frank Boychuck, Trailer Park, thanked the Council for their support, pointed out that there were considerably more people present in support of the purchase than against, they have been silent to let the people against voice their opinion, now possibly the people can explain why they want to purchase the park. Mr. Boychuck stated it is nearly two years since the Park was purchased, two months from then he came to the Park, introduced himself along with Mr. Talley and announced they were the new owners, within minutes Mr. Talley made the comment that if anyone were to get a lawyer they were out, thereafter the committee was formed, since then the committee has spent approximately three thousand six hundred forty-four hours, at $20 per hour that is about $75,000, meetings after meetings. Mr. Boychuck said he feared that those who do not want to purchase the Park misrepresented the enthusiasm of those who do, this is a wonderful deal as demonstrated by the appraisal just received, it is $300,000 more than what will be paid for it, $11 million if it is bought and paid without the non-profit, what is going to happen to a parcel of land five years from now a block and a half from the beach, the people of the Park want to protect their security and investment, build and beautify the Park, that can not be done under current ownership, example, within two months of owning the Park Mr. 11-13-00 Hall stated that the travel trailers were going to go, within two years there would be none, eighty percent of the Park is travel trailers and cabanas that are based on travel trailers, too, Mr. Hall attempted to arbitrarily raise the rents over five hundred percent no matter the covenants. Mr. Boychuck said if purchasing the Park will give some security and allow the residents to move on from Mr. Hall, this is a great deal. He mentioned that he spent about three hours with Mr. Lanahan about a year ago going over the details, this person does not live in the Park, he has not been seen at the meetings, the same with Ms. Terrasio, her mother lives in the Park, she does not. He explained again that about a year ago there was a preliminary ballot that contained the statement that 'I would like to purchase the Park if I could afford it', that was a ninety percent response, Ms Terrasio determined at that time she did not want to participate in the purchase of the Park, that has left her over a year to ask any question, this is a tactical delay. Mr. Boychuck mentioned there is only a certain amount of time to act on this. He mentioned too that Mr. Hall has another park in San Juan Capistrano where there were similar efforts for six years, Mr. Hall just recently pulled out of that deal, they could not get MPROP funds, the park is no longer for sale, therefore the Trailer Park should take advantage of the generosity of the Redevelopment Agency and the City, for those that may not be able to afford the rents when they increase there are plans for that through the generosity of the Agency, people should attend the meetings, the committee has uses various methods to announce meetings, by telephone, door to door, etc., to say they have not been advised is erroneous. Mr. Boychuck explained that there was another vote taken on the question to ' agree to purchase the Park if the rents are around $500 per space', ninety percent of the people agreed to that, those being heard tonight are the ten percent that do not want to do this, there was a question about leases, the questioner evidently does not know there was a special meeting just for the leaseholders where Linc spent about three hours with them. Mr. Boychuck noted there were about fifty people present at the public hearing in support of the purchase, he did not realize that numbers should have been present for this meeting as well, however asked that those present be allowed to present their views. Mr. Glen Clark, Cottonwood Lane, distributed information relating to a vote of Park residents on July 27th and again read the question with regard to Park purchase and rent of approximately $500 per month based upon space size and location, ninety-six responded, ninety-four said yes, two said no, the other twenty-five to thirty individuals either did not respond or they could not be contacted, in August of 1999 there was also a written vote, to that there were ninety-two responding in the affirmative, on October 22nd, 1999 there was a show of hands at a general meeting, at that time there were three people that did not support moving forward, August 25th this year there was a questionnaire relating to the MPROP funds, one hundred one responded, ninety-eight approved moving forward. Mr. Clark offered that there have been innumerable questions and answers, the same questions over and over, described the types and numbers of meetings held, eighty some fliers consisting of over ten thousand pieces of paper, therefore for someone to complain that they have not been notified or that their questions have not been answered, the answer is unknown, Linc was retained as a non-profit group to purchase the Park, the reasoning behind that was a saving of between $8 to $10 million in interest through payout, that because of issuing non-profit, I I I 11-13-00 I low interest bonds, etc. He too expressed appreciation for the City and Agency help. Ms. Carol Campbell, Trailer park, said last Thursday the committee held its last general meeting, the residents signed in when they came, a representative from Linc Housing explained the rent increases for the first two years of about $76 and $79 and the third year of about $85, it was made clear that although the figures are not firm at that time they soon will be, everyone at that meeting were well informed as to what the rent increases were going to be, at that time the residents were also asked to sign that they agreed with the proposed rent increases as outlined in order to purchase the Park, eighty percent of those present did sign, therefore it .is felt there is adequate representation. Ms. Campbell mentioned too that the committee has been accessible throughout this time, has worked hard to keep the residents informed, sent newsletters, notified of meetings, the committee did not operate in a covert way at any time, residents were welcome to stop by the committee's residences, they did, they were welcome to consult with the members, and the members were out in the Park at various times, this has not been a closed process, and if residents feel they are not informed by this time it is not the fault of the committee as it has done everything possible to keep them informed at every stage of the process. Mr. Michael Narz, Cottonwood Lane, asked why anyone would want to slow this process down, two years ago he was threatened with a rent increase that was higher than what is proposed with the purchase, someone complained that the people would only have three out of seven Board votes, to which he said he has no vote now, legal counsel and consultants are expensive, the process needs to keep moving. Mr. Narz thanked the Homeowners Association for keeping him well informed, thanked the Council for the assistance with the purchase of the Park, and when this is done and the covenants and regulations are rewritten, the people who now seem to be worried about getting that done are believed to be the ones who wanted to rewrite them some time back. Mr. Randy Feretti, Cottonwood Lane, he and his wife long time residents of the Park, said he was excited about purchasing the Park, has spent many hours talking with friends and . neighbors about the purchase, all being very supportive of proceeding with the purchase. Mrs. Feretti confirmed their residence since 1979, mentioned that they too have supported the purchase of the Park since the beginning, thanked the Council for their efforts, and expressed hope that the support from the Trailer Park residents at these meetings is apparent that the majority support the Park purchase. Ms. Renee Luchon, Park resident since 1969, spoke favorably of living in Seal Beach, said she hoped the purchase goes through, offered that the committee has always responded and answered her questions, it is known that change is difficult for some. There had been mention of the owner terrifying Park residents, said she was one of those especially if he continues to own the Park, and asked that the Council continue their support for purchase of the Park. Ms. Pat Clark, Cottonwood Lane, also thanked the Council for their efforts, the opportunity to purchase the Park, to improve their or sell their homes, and live in Seal Beach, she mentioned her monthly income amount, concern with an increased payment, yet confident it will work out, also that of her husband resides in a different unit because the new owner would not allow them to sell. Ms. Judy Coleman, Cottonwood Lane, mentioned her friend, wheelchair bound, who has lived in the Park for over .thirty years, she has personally been in the Park for twelve to fifteen years, the I I 11-13-00 purchase of the Park is a wonderful opportunity, she too expressed gratitude to the Council and the Park committee for the amount of time and effort spent on this project, she has always been able to talk to members of the committee to answer her questions or concerns. Ms. Coleman said her remarks were spoken on behalf of her friend as well. Mr. Richard Wade, Cottonwood Lane, stated he is completely in favor of this opportunity, a child of the 1960's, during that period considerable activism was seen at the grass roots level, not much of that has been seen for a long time but from a societal standpoint he has seen that in this case where ordinary citizens come together to protect what is theirs to avoid being taken over. He offered that this has been a phenomenal experience to watch process, people banding together, the volunteerism, he commended the people, the committee, the Council and Redevelopment Agency, this has been a slow and often scary process, frightening for many residents, he is proud of how the committee and the City has stood behind this project. Mayor Campbell concurred that the Park residents are extraordinary people. Mr. Mike Berry, Trailer Park, stated that the Park residents are just common people, they have never done anything like this, the people are learning day by day, there was no handbook relating to such an undertaking, Frank Boychuck will be going to Sacramento to represent this project for the MPROP funds, he has not done something like this before, the people are just rising to the occasion, the people's dollars go into this, this is not investment income, the people live here, most have been here for a long time and would like to think they would be here for the rest of their years. Mr. Berry said the City is applauded for giving this opportunity, it has been a long two years for the residents and the City, most of the people were not known but they may be now for a long time, the fabric of the Park is good people, everyone is in this together, thanks to the City for allowing the people to come meeting after meeting, and asked that this project be seen through. Tom and Judy Powers, Welcome Lane, expressed their feeling of the importance of letting the Council know how much the support of the City means to them, the residents did this because it has a bearing on them, the City did this because they care. They have been residents for six years, met wonderful people in a dynamite City, and stated their appreciation for the committee and the City. There were no further comments. I I Councilman Boyd mentioned that even though he has no conflict whatsoever, as an institutional real estate investor he felt it best to abstain and not participate in this transaction, a bonding experience for all of the Park residents, and wished all the best. Councilman Larson said when he first heard about the Trailer Park situation an initial concern was that those residents not get hurt, upon looking into this matter further he has determined it to be a wonderful opportunity, he has been assured also that this is an important and different part of Seal Beach, one issue he felt was clear was that the majority of people were in favor of the purchase, he is pleased to support the program and it is hoped that nothing happens to slow the process. Councilman Yost noted that the Park is not just low to moderate income housing, it is a very special place for special people, he is pleased to see this go forward, it is understood that it may be somewhat frightening for some, it is hoped their questions will be answered, yet he feels this is the right thing to do, there is something to pride of ownership, there will likely be changes for the good in the Park as well. I 11-13-00 I Yost moved, second by Larson, to adopt Redevelopment Agency Resolution Number 00-4 entitled "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH AUTHORIZING THE ISSUANCE OF ITS NOT TO EXCEED $7,000,000 AGGREGATE PRINCIPAL AMOUNT OF MOBILEHOME PARK REVENUE BONDS (SEAL BEACH MOBILE HOME PARK PROJECT) AND APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH." By unanimous consent, full reading of Resolution Number 00-4 was waived. Mayor Campbell noted a number of comments with regard to the Covenant, however that document was written before someone like Mr. Hall could be anticipated, its provisions may keep the rents low yet no one can move, go in or out, can not improve ones unit, can not sell, etc., the covenant would be fine for those who only care about rent control, and even there would the covenant stand up in court, this allows the residents to control their own destiny, it gives value to ones residence, they can be sold if that is desired, what was Mr. Hall doing, trying to get the residents out, now, people will be able to continue to live in the Park and the rents will be controlled. AYES: NOES: ABSTAIN: Campbell, Doane, Larson, Yost None Boyd Motion carried I Yost moved second by Doane, to adopt Redevelopment Agency Resolution Number 00-5 entitled "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH APPROVING AS TO FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS, MAKING CERTAIN FINDINGS AND AUTHORIZING OTHER MATTERS RELATING THERETO (SEAL BEACH MOBILE HOME PARK PROJECT)." By unanimous consent, full reading of Resolution Number 00-5 was waived. AYES: NOES: ABSTAIN: Campbell, Doane, Larson, Yost None Boyd Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 10:02 p.m. The Council reconvened at 10:15 p.m. with Mayor Campbell calling the meeting to order. I PUBLIC HEARING - STATE C.O.P.S. FUNDS 2000/01 - ACCEPTANCE / EXPENDITURE Mayor Campbell declared the public hearing open to consider acceptance of the 2000/01 Supplemental Law Enforcement grant funds in the amount of $100,000, and allocation and expenditure of said funds. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received relating to this item. Reference was made to the staff report from the Police Chief requesting that a portion of said funds be used to hire and pay one additional police officer for a period of at least one year and for the equipment required for that officer to go into service, and that remaining funds be used for bicycle patrol and foot patrol overtime costs. There being no public comments, Mayor Campbell declared the public hearing closed. Boyd moved, second by Larson, to approve the acceptance of the 2000/01 Supplemental law Enforcement (State COPS) funding of $100,000, that the established SLESF be authorized to accept said funds, and that approval be granted the Police 11-13-00 Chief to expend these funds as stated. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried PUBLIC HEARING - LOCAL LAW ENFORCEMENT BLOCK GRANT 2000 Mayor Campbell declared the public hearing open to consider acceptance and appropriation of grant funding of $22,941 under the Local Law enforcement Block Grant made available by the Bureau of Justice Assistance. Reference was made to the staff report from the Chief of Police recommending acceptance of said grant monies and appropriation of same to purchase 800 MHz radio equipment. Thee being no public comments, Mayor Campbell declared the public hearing closed. I Yost moved, second by Boyd, to approve the acceptance of the Local Law Enforcement Block Grant funding of $22,951 and the recommended expenditure. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried BOLSA CHICA LOCAL COASTAL PROGRAM - LAND USE PLAN AMENDMENT 1-95 - COASTAL COMMISSION COMMENT LETTER Boyd moved, second by Larson, to authorize the Mayor to sign the comment letter to the California Coastal Commission relating to the Bolsa Chica project, received and filed the staff report, and instructed staff to forward this item to the Planning Commission and Environmental Quality Control Board for information purposes. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. COUNCIL COMMENTS Councilman Doane noted attending the funeral service this date for former Mayor/Councilmember Joyce Risner and requested that the meeting be adjourned in her memory. Councilman Yost stated he would be out of town from November 25th through December 27th. Councilman Boyd offered all.a Happy Thanksgiving. Making reference to the last Planning Commission meeting, Councilman Larson said it became clear that a code enforcement officer is needed in this City, and recommended that the City Manager include monies for that purpose for the next budget. Also, with due respect to the position of the Mayor, Councilman Larson mentioned the agreement entered into between the City and Bixby, Environmental Impact Reports were made, studied, revised, circulated, commented upon, and was the subject of litigation, in the case of the land that is being developed for residences Bixby came before the Council for a determination that it was appropriate because they could not sell the land until that was clear, it was made clear, but now the AFRC says they did not know that houses were going to be developed, to which he asked how that could possibly happen, the other cities and the unincorporated area had opinions on the land use, somehow things have to come to an end and the City must honor its agreements. The Director of Development Services said his recollection is that at the I 11-13-00 I time of the recertification of the EIR by the Council there was a volume prepared that addressed the changes to the project, which included the residential, the shifting of the shopping center to the north, that was circulated to the Council and believed was circulated to all of the parties that responded with comments to the EIR document initial circulation, however he would need to review the file. Councilman Larson indicated he did not support a delay of this project for a period of two months, could the process be sped up so that the Commission could then send it to the Airport Land Use Commission if necessary, his feeling is that faith has been broken with the property owner, his surprise is with the action and vote of the Planning Commission. The Director noted that the ALUC does not have a November meeting and the December meeting is about the 20th, a' call has been placed to them to schedule the item. Mayor Campbell stated she would attend the Coastal Commission meeting on the l6th, that same date there is a meeting of the West Orange County Cities Association and asked if a member of the Council could attend in her place. Mayor Campbell said her issue with the Bixby project has to do with CEQA, the project was approved, reconfigured, therefore it should have gone back to the ALUC to obtain their approval, that leaves the City open to liabili ty. CLOSED SESSION No additional Closed Session was held. I ADJOURNMENT There was discussion with regard to the next meeting, Councilman Yost out of town, Councilmembers Boyd and Doane in favor of holding to the regular schedule, Mayor Campbell indicating concern with staff time for agenda preparation given that Monday immediately follows the Thanksgiving holiday. The City Attorney advised that he would have a conflict with changing the meeting from Monday to Tuesday. Discussion continued. The Interim City Manager noted that the Council has already agreed to meet on December 20th. The City Clerk suggested that the meeting be left as scheduled and if there are no business items she would cancel the meeting. By unanimous consent, the meeting was adjourned at 10:33 p.m. in memory of former Mayor/Councilmember Joyce Risner. Approved: ~dxt~!~ May r I Attest: