Loading...
HomeMy WebLinkAboutCC Min 1999-07-12 6-28-99 / 7-12-99 clerk Approved: 4~ 9n"cl!{ ~ I Attest: Seal Beach, California July 12, 1999 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor ProTem Doane calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Doane Councilmembers Boyd, Snow Absent: Mayor Yost, Councilmember Campbell I Boyd moved, second by Doane, to excuse the absence from this meeting of Mayor Yost and Councilmember Campbell. AYES: NOES: ABSENT: Boyd, Doane, Snow None Campbell, Yost Motion carried 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 PRESENTATION - CHAMBER OF COMMERCE / BUSINESS ASSOCIATION - SAVE OUR POOL DONATION Mr. Larry Fairman, representing the Chamber and Business Association, introduced Mr. Layman, co-chair of the Car Show event, Ms. Masoner, President of the Chamber, commended the efforts put forth to organize the twelfth annual Show, mentioning too the volunteers and members of City staff, all of which made the event possible. A contribution in the amount of $1,200 was presented for the Save Our Pool Fund which was accepted by the Recreation and Parks Director. It was noted that donations to the Pool Fund continue to be accepted. 7-12-99 APPROVAL OF AGENDA By unanimous consent, the Council approved the order of the agenda as presented. PUBLIC COMMENTS Mayor ProTem Doane declared Public Comments to be open. Ms. Fran Johnson, Coastline Drive, spoke in favor of the 4th of I July fireworks display, suggested that one has to be present to fully appreciate them, the issue of participation and funding should be supported when that issue comes up again, and noted that the event most likely saves lives as accidents do occur when people travel distances for such events. Ms. Doris Wagner, College Park East, said this was her second time to appear in support of repair of College Park streets. It is understood that there have been certain streets approved for repair, provided pictures of Carnation Circle which she deemed to be in terrible condition, yet their taxes do not go down. Ms. Wagner claimed that the streets are dangerous in their present condition, a family member of hers was in fact injured while riding his bike, at which time there was assurance that the streets would be repaired in two years. Ms. Fran Goodman, College Park East, concurred with the comments of Ms. Wagner, said in fact they have not been repaired since cable was installed, and requested that something be done. Ms. Cathy Treadway, College Park East, said the understanding is that at the last meeting approval was given for the streets behind Carnation Circle, there are two short cul-de-sacs that are behind those streets and inquired why they can not all be done at once. She said nothing has been done in twenty-eight years but there have been promises for years, there are patches, cracks with grass I growing through them, and asked that these streets be reviewed again and given fair consideration. Ms. Nancy Murphy, 5th Street, six year resident, recalled having spoken with the City Manager and Public Works as to what could be done to slow traffic on 5th Street, Central, in fact all of Old Town, as it is dangerous, at that time the age of her children was questioned which she said should not be an issue. Ms. Murphy said since Central has been closed the volume of traffic is ten fold, traffic has not slowed, there are no speed zones posted, to speed bumps she was told the fire trucks could not then travel the street, yet there are speed bumps in a number of other communities. She noted that with the traffic calming effort at 4th and Central the request was that something be done with 5th Street as well, the residents were told there would be a traffic study and police coverage, there has not, if Central is closed at the west end then it will be worse, one street compromised for another, people are traveling between forty to fifty miles per hour in this residential area, this is a danger to children, pets, and long time residents, in Belmont Shore there are stop signs every two blocks, the residents need some protection. Councilman Boyd responded that Central is not being closed, a misconception from the beginning, as to I 5th Street, a plan is being developed, monies have been authorized for a traffic study, and instead of submitting a petition to the Watch Commander at the Police Department, as Ms. Murphy indicated, he suggested that it be presented to the City Clerk then the Council can direct the City Manager to provide more police patrols. Ms. Ruth Brown, twenty-three year 5th Street resident, mentioned that crossing the street is as dangerous for older persons as it is for children and pets, something needs to be done to slow traffic on all of the streets, one takes life in their hands when entering a crosswalk. Ms. Opal Howard, fifty-three year resident of the 7-12-99 I one hundred block of 5th Street, confirmed that the comments made are true, noted that the police are seen maybe once a month, and suggested that a police vehicle be parked on 5th from time to time even if manned with a volunteer, there are things that could be done without great expense. Mayor ProTem Doane explained to the speakers that the Brown Act does not allow a response to questions or a dialogue however that does not mean that the comments are not being heard, staff too is making note of what is presented. Ms. Sue Corbin, Seal Beach, claimed that the Council can speak to any subject they wish, just can not enter into discussion, yet the Council discusses things between themselves even though not identified on the agenda, in her opinion there is a problem with free speech in Seal Beach, the Council is speaking when they do not have the right to do so, a potential violation of the Constitution and civil rights as a result of exceeding authority. with regard to traffic, Ms. Corbin said there are cities that provide camcorders to residents to video violators, also sign the streets. She stated that people have the idea that the City has no money, it is correct that there is now a small staff, yet by reviewing the warrants she claimed that the money is being siphoned into seminars, professional organizations, etc., to which said staff should be paying their own way and use the expense for tax purposes. Ms. Corbin recalled suggesting that there be a citizen committee to make application for grants, that could be done by talented residents, there are grants to fix streets, sidewalks, etc., yet the residents are suffering. Money can not be spent on perks and nice things until the streets and gutters are repaired. Ms. Corbin questioned also if two members of the Council personally reviewed the warrants. Ms. Lorri Lacou, Carnation Circle, asked that attention be paid to the poor condition of her street, there are potholes, accidents because of them, she understands cost management but given the existing condition money needs to be spent on these streets now, it is not believed they will last another year. There being no further comments, Mayor ProTem Doane declared Public Comments closed. I APPOINTMENT - PROJECT AREA COMMITTEE Councilman Boyd moved to appoint Mr. Robert Howson, owner of the retail component of Harbour Surfboards, as the District One business representative to the Project Area Committee. He also expressed appreciation to Mr. Sam Roberts the prior representative. Mayor ProTem Doane seconded the motion. AYES: NOES: ABSENT: Boyd, Doane, Snow None Campbell, Yost Motion carried I CONSENT CALENDAR - ITEMS "c" thru "K" Councilman Snow requested Item "E" removed from the Consent Calendar for separate consideration, Councilman Boyd requested Item "K" removed, and a member of the audience requested Items "c" and "0" removed. Boyd moved, second by Snow, approve the recommended action for items on the Consent Calendar as presented, except for Items "c, 0, E, and K", removed for separate consideration. F. Approved the Agreement with DMG-MAXIMUS to provide State mandated cost claiming Services on behalf of the City, all costs associated with State mandated claims preparation are reimbursable under SB 90, a fixed fee of $3,050 will be charged for claims filed on or before January 15, 2000, new or first 7-12-99 time claims will be charged a fixed fee of $2,200, and authorized the City Manager to execute said Agreement on behalf of the City. G. Approved the Attorney Services Agreement with Ferguson, praet & Sherman to provide collection services for D.U.I. cost recovery, said firm to receive one-third of the net recovery of all such amounts, and authorized the Director of Administrative Services to execute said Agreement on behalf of the City. I H. Approved the Agreement by and between the cities of Seal Beach and Long Beach for parking meter maintenance and collection services for the period of one year, expiring January 31, 2000, and authorized execution of said Agreement on behalf of the City. I. Approved the minutes of the regular meeting of June 28, 1999. J. Received and filed the Monthly Investment Report for the period ending May, 1999. AYES: NOES: ABSENT: Boyd, Doane, Snow None Campbell, Yost Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "c" - WAIVER OF FULL READING Ms. Sue Corbin, Seal Beach, stated her request that all ordinances and resolutions be read in full in the future, noting that the agenda outline has not been published in the local press. Councilman Boyd asked if the agendas are being posted on the City's web site and in the libraries, the response of the City Manager was yes. Ms. Corbin made reference to the display of the Council agenda in Huntington Beach by means of a large glass case. Boyd moved, second by Doane, to approve the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: ABSENT: Boyd, Doane, Snow None Campbell, Yost Motion carried ITEM "0" - WARRANTS Ms. Corbin, Seal Beach, inquired as to which two members of I the Council examined the warrants prior to this meeting, that is the proper procedure. Boyd moved, second by Doane, to approve regular demands numbered 24135 through 24261 in the amount of $344,131.44, payroll demands numbered 4050 through 4211 in the amount of $149,019.24, and authorized warrants to be drawn on the Treasury for same. 7-12-99 AYES: NOES: ABSENT: Boyd, Doane, Snow None Campbell, Yost Motion carried I ITEM "E" - RESOLUTION NUMBER 4719 - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - COOPERATION AGREEMENT - 2000/2001/2002 Councilman Snow asked if there has been any research or discussion with regard to Leisure World when that area is no longer under the mandates of HUD. He said there have been a number of comments as to what will happen when the loans are paid, some have said there will be no change, there is believed to be ninety-four mortgagees involved in the original foundation, also, FHA guaranteed the mortgagees some $70 million when Leisure World was constructed, given the fact that some of the first loans will be paid off in about two to three years, others about two years later, Leisure World will then receive nothing more from HUD. He mentioned that a Leisure World resident had inquired if a unanimous or majority vote of mutual shareholders would be necessary to make major changes to a structure once there are no longer HUD restrictions, the response of an attorney was that if a majority of residents of a mutual determine to demolish buildings and build condos that would be possible. Councilman Snow questioned if the people of Leisure World will be living in the same manner as others in Seal Beach, to that he requested an opinion. Snow moved, second by Boyd, to adopt Resolution Number 4719 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE (FY's 2000-2001, 2001-2002, AND 2002- 2003)." By unanimous consent, full reading of Resolution Number 4719 was waived. I AYES: NOES: ABSENT: Boyd, Doane, Snow None Campbell, Yost Motion carried ITEM "K" - CIVIL SERVICE BOARD Councilman Boyd noted the resignation of Mr. Bill Schneider, District One representative to the Civil Service Board, expressed appreciation for his services, and announced that he would be making an appointment to that position at the next meeting. Boyd moved, second by Snow, to accept the resignation of Mr. Schneider and declare the position vacant. AYES: NOES: ABSENT: Boyd, Doane, Snow None Campbell, Yost Motion carried I CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The City Manager reported receipt of a letter from Mr. John Adams, Orange County Librarian, advising that the operations budget for the Mary Wilson Library for the upcoming year will be $234,479 as compared to the previous year of $220,069. Pointing out that Councilman Snow is the City's representative to the County Library Board, the Manager noted that Mr. Adams passed on a suggestion of the Library budget committee that of the additional $8,536, $3,000 be used for library materials and the remainder be used to upgrade the ~-12-99 interior lighting and for some reupholstering needs. The Manager said this matter could be placed on a future agenda or determined now to allow the Library board to go forward with their recommendation. Councilman Boyd said he had spoken with the librarian at Mary Wilson who indicated the recommendation was appropriate. It was the consensus of the Council to direct the City Manager to forward a letter to the County Librarian supporting the budget committee recommendation. I PUBLIC COMMENTS Mayor ProTem Doane declared the Public Comment period open. Ms. Sue Corbin, Seal Beach, stated again that members of the Council are supposed to physically go through and burst the demands on the treasury, to review the list of demands is not adequate. Ms. Corbin inquired what the reference to G.C. 54957 under Closed Session items would encompass, a review of the legal contracts. The City Attorney responded that the agenda is in full compliance with the 'Brown Act and provides the public with all of the information they are entitled, as to that specific item it will be continued from this meeting. Ms. Corbin stated that the litigation issues need to be identified with a name reference, not just a number. Councilman Boyd advised that personnel matters under Government Code Section 54957 will be appearing on every agenda as those persons report directly to the City Council. Ms. Corbin said the City has used the same law firm for thirty years, there should be a change. Mr. Stan Anderson, Balboa Drive, recognized the 5th Street and Central Avenue residents that came forward to address their concerns to the Council, recalled that he too has seen cars traveling at too great a rate of speed, to which he suggested that the presence of the Police Department does have an impact, there are traffic calming methods, having the presence is best and possibly the officers could utilize the Community Services building to do some of their paper work, the presence is important for children, parents, and older people. Mr. Anderson said he is aware that some people support parking meters, it is known that parking management is necessary, it is hoped that the responsibility of fixing the streets in College Park is also a responsibility to repair the streets and sidewalks down town, there is a need to fix the hazards. There being no further comments, Mayor ProTem Doane declared Public Comments closed. I COUNCIL COMMENTS Councilman Snow mentioned having received a number of calls inquiring as to what is going on with regard to the on- and off-ramps of the 405 and Lampson, also that he and his wife had visited and toured a Brighten Gardens, built and run by Marriott, that is located in the Carlsbad area, there are three styles of living, the architecture is beautiful, the grounds are well landscaped, and the location of such facility in Seal Beach will be an asset, as will be the hotel and two restaurants, this is mentioned to stay criticisms heard of the Bixby Company who are in the proce~s of leveling their land to begin construction as soon as the mitigation measures are resolved. Councilman Boyd expressed appreciation to the State Centennial Committee who made possible the tall ship event this past weekend, also, the Consulate and Ambassador from Indonesia who invited the City Council aboard their ship for a festivity, the visitation of the ships was wonderful and it is hoped all had the opportunity to take them in. He conveyed thanks also to the Bixby Ranch Company for their donation to the fireworks show I 7-12-99 I on behalf of the City, an event getting bigger and better each year, thanks also to the residents of 5th Street, the concerns are heard, the situation is understood, and the same remedies and energies that have been directed to solving the problem at 4th and Central will also be directed to solving their concerns. Councilman Boyd noted that there is a recent issue with regard to the compatibility of surfing and windsurfing in the San Gabriel River, the existing resolution will continue to be enforced, however may come before the Council in the near future for a policy decision. Mayor ProTem Doane concurred with the comments of Councilman Boyd as to the tall ships, also to the enjoyable time that was had as guests of the Indonesian Consulate, and on Sunday evening at the Queen Mary awards were presented to the captains of the ships by the groups that organized this event, he had the pleasure of addressing those attending, thereafter the Mayor of Long Beach, Beverly O'Neill, presented him with a beautiful book about their city, which Mayor ProTem Doane in turn suggested be displayed in the City Manager's office for the pleasure of visitors. He mentioned also receiving a call regarding the Bixby mitigation suit that must be resolved based upon the decision of the Judge with respect to school impacts, said he was quoted as saying the School District is already busing children in from outside the District and they would not need to bus as many in if there were more homes and more children in the City, the caller objected to the term of busing which she said they do not, to which he explained that it matters not by what transportation means they come in, and he would stand by his statement because in his opinion this will resolve that mitigation. I CLOSED SESSION with regard to the Closed Session items listed on the agenda, the City Attorney announced that since all information is not in hand and since there are only three members of the Council present, it is recommended that the items be continued until the next meeting. Councilman Snow moved to do so, and Mayor ProTem Doane seconded. AYES: NOES: ABSENT: Boyd, Doane, Snow None Campbell, Yost Motion carried ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 8:04 p.m. ex-of Seal Beach I Approved: Attest: