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HomeMy WebLinkAboutCC Min 1999-10-11 9-20-99 I 10-11-99 With regard to the timing device for speakers, Mayor Yost said if there is a general consensus that it be used he will do so, his preference however would be to just politely remind people that they are approaching the time limit. He explained also that the regular meeting had been adjourned until this date to consider the agenda items in a timely manner inasmuch as the regular meeting of September 27th will be canceled. I CLOSED SESSION No Closed Session was scheduled. ADJOURNMENT Councilman Boyd requested that the meeting be adjourned in memory of vincent Rosetti who lost his life as a result of the West Anaheim Medical Center shooting. Ms. Watson, Catalina Avenue, spoke highly of Mr. Rosetti. Ms. Watson stated that there is too much violence and violent language, there can be attacks on principals but there needs to be a stop to personalizing issues and demeaning people who have been chosen to serve in office or are a member of this City, it is reprehensible, she was embarrassed last meeting when students were present, again tonight, there are innuendos, half truths, gossip, and personnel issues should not be an issue for public knowledge. To a question of Councilmember Campbell, the Director of Public Works explained that the contractor for the Street Rehabilitation project will have fifteen days to return the contract documents, the project could possibly commence the first part of October. I It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:34 p.m. in memory of Mr. Rosetti. t Clerk and the City of Approved: ~ Attest: Seal Beach, California October 11, 1999 I The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Yost calling the meeting to order. At the invitation of the Mayor, the Young Adventurers led the Salute to the Flag. R~LC~L Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow 10-11-99 Absent: None I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Capt. Schaefer, Police Department Mr. Dancs, Assistant City Engineer Ms. Yeo, City Clerk WAIVER OF FULL READING Boyd moved, second by Campbell, to waive the reading in full of all ordinances and resolutions and that consent to the 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. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ANNOUNCEMENTS / PRESENTATIONS I CALIFORNIA PARALYZED VETERANS - 10K RACE Mr. Mike Westmoreland announced himself as a resident of Seal Beach and a volunteer for the first annual 10K race on November 6th sponsored by the California Paralyzed Veterans, and introduced Mr. Ron Amador, President of the California Association. Mr. Amador said he was present to promote the inaugural walk, run, roll, and remember, 5 and 10K runs, the race for the purpose of raising funds for spinal cord injury research, also, to help society remember Veterans Day and all of those who made the ultimate sacrifice for our freedoms. He noted the race has fourteen categories with a range of ages from thirteen to eighty plus, announced that the parent organization, the Paralyzed Veterans of America, has acquired the sponsorship of Northwest Airlines, and as a pledge race the first prize for the person who brings in the most dollars and pledges will receive two round trip tickets to anywhere in the world that Northwest flies. Mr. Amador noted that most of their twelve hundred members live in the Seal Beach area, encouraged local race participation, and that of the Mayor and Council as well. It,was mentioned again, that the race takes place on November 6th at the Naval weapons Station. I CONTRIBUTION - SAVE OUR POOL FUND A young lady named Katherine Brieding, accompanied by her mother, donated a container of money to the Save Our Pool fund, the money raised by selling lemonade on the boardwalk throughout the summer. The Mayor expressed appreciation to Katherine, the Council and members of the audience applauded her efforts. RESOLUTION NUMBER 4750 - HONORING YOUNG ADVENTURERS _ EXTENDED DAY CARE Mayor Yost read portions of Resolution Number 4750 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH HONORING AND COMMENDING YOUNG ADVENTURERS FOR TWENTY YEARS OF EXCELLENCE IN PROVIDING EXTENDED DAY CARE TO THE CHILDREN OF SEAL BEACH" and introduced and commended Ms. Linda Wilson for having provided such outstanding services for the youth of 10-11-99 Seal Beach for a period of twenty years. Ms. Wilson introduced her assistants, Miss Mary and Lynette, and mentioned that extended day care has been provided to some three thousand children. The Young Adventurers and the children shared their singing and sign language talents. Boyd moved, second by Campbell, to adopt Resolution Number 4750 as presented. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried Resolution Number 4750 was presented to the Young Adventurers with appreciation. PRESENTATION - SEAL BEACH LEO CLUB Mayor Yost recognized members of the Seal Beach Leo's Club for their community services during the past year, Keri DaPron for one hundred thirty-nine service hours to twenty projects, Jeff Grgas for one hundred one service hours to fifteen projects, and Grant Newton for one hundred fourteen service hours to twenty projects. Mayor Yost presented each with a Certificate of Appreciation on behalf of the Council and community. APPROVAL OF AGENDA Councilmember Campbell requested that Items "G, N, and P" be removed from the Consent Calendar for separate consideration, and a member of the audience requested Items "M and 0" removed. Boyd moved, second by Doane, to approve the order of the agenda as revised. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I PUBLIC COMMENTS Mayor Yost declared Public Comments to be open. Mr. Roger West, Electric Avenue, made reference to what is understood to be a proposal for a Starbucks and Blockbuster Video on the property located at Pacific Coast Highway and Main Street, his understanding is that this would require a conditional use permit, that all of the surrounding properties were not properly notified, there is concern that this could pose a legal problem unless the process is stopped now and started over, this is important to Old Town, should not be done in haste, this needs to be discussed openly once again. Mr. Ron Bennett, Seal Beach, recalled that the Starbucks/Blockbuster issue was on the Planning Commission agenda a couple of weeks ago, he was aware of it because of owning property within the three hundred foot radius, he had not intended to attend the meeting because he did not feel the proposal would pass, yet he was informed that it would be approved, which it was tentatively, subsequently there was a meeting with the applicant that was not open to the public, it was also found that it had not been noticed to the addresses within three hundred feet of the property, thus it will be heard again. Of concern is the noticing and that it seemed to be fait accompli, the issue is not whether it is a Starbucks or Blockbuster, it is whether a developer is going to get special consideration and fit into a niche, because anywhere else in the City if a structure is built over two thousand square feet, serving coffee, donuts, whatever, would require twenty-one parking spaces, the applicant was asking for and received permission to build the structure with five parking spaces, that makes no sense given the impact of parking in I 10-11-99 I this particular area of the City, numerous studies showing that the problem is parking management rather than parking, yet if this development is approved the parking problem will be unmanageable. Mr. Bennett said of further concern is that after the Planning Commission meeting there was a town hall meeting hosted by Councilman Boyd whereby he asked a number of times, as was done at a subsequent meeting with the architect, what type of occupants would be desired, yet it is known that there is no choice if the proposal fits the zoning no matter the use, the City Attorney can confirm that, and by focusing on that one gets away from the issue of parking. Mr. Bennett suggested that the public be aware of this issue being reheard before the Planning Commission, that the public may wish to attend and state their views keeping in mind that the issue is not no Starbucks or Blockbuster the issue is if fourteen parking spaces are going to be granted instead of thirty for this building. To a question as to when this item will be before the Planning Commission, the Director of Development Services stated that the applicants have not as yet provided the additional labels to renotice the item therefore the hearing date has not been established. Mr. Bennett noted the comment that it is the applicant that provides the labels, questioning then if the applicant disregarded the noticing requirements, to that the Director responded that the applicant provided what the Department's information sheet indicated was necessary, the sheet incorrectly stated that the notice only needed to be addressed to residential occupants and not commercial, that statement has since been corrected. Mr. Bennett referred to Code Section 28-2705 that sets forth the regulations for public hearing notice, subsection 3 states specifically that notices for variances, conditional use permits, or tentative tract maps shall be by written notice to all property owners and all addresses within three hundred feet of a property, pointing out that most owners of commercial property in the City reside outside the City, to his knowledge there are only two persons in the 300 block of Main Street that resident in the community. Mr. Jim Caviola, Seal Beach, mentioned he had to take time from his day to come to this meeting, in fact he takes a lot of time to make his neighborhood better, now there is a big project proposed for the Main/PCH corner. He said when he bought his property and built his home there were rules and values based upon that, the fact that the terminology has been changed to a special use permit simply means a variance, as an example if he could build up two feet he could have an ocean view which he does not, nor did he build to the end of his property as he could have, he lives within the rules, therefore will be adamantly opposed to any privileges, special uses, anything that does not strictly adhere to the Code, objecting also that someone could take a Code section that refers to a thousand square feet and apply it to something that is two thousand square feet, or when it says ten seats and the applicant wants fifty-one seats, that is like him having a house that is allowed at twenty-five feet but he wants a hundred twenty-five feet. Mr. Caviola predicted that long time residents are going to strenuously object to this proposal if the Planning Commission gives any privileges, the applicant has to live by the rules. He expressed his opinion that trees should go on that property, a three percent landscaping rule is ludicrous, four hundred sixty-four square feet, the size of a garage or dumpster, and requested that the Council pay attention to the provisions of the Code. Mr. Ray LaConte, Rossmoor, owner of property in Los Alamitos, Rossmoor, and Seal Beach, made reference to the Airport Environs Land Use item, his comment to that would be I I 10-11-99 that with a background as a seven year Navy carrier pilot and thirty years with a major international air carrier he would be willing to serve as a consultant to the City at no cost on that subject with the Airport Land Use Commission. He mentioned that a presentation was made recently by the Orange County Transit Authority to the Los A1amitos City Council relating to the Centerline Project, he questioned if this I project will affect Seal Beach, it sounds as if they are trying to put it down Katella in Los Alamitos. As to the Rossmoor Shopping Center, Mr. LaConte cited it as becoming somewhat of an eyesore, there were some encouraging comments that resulted from a conversation with Councilman Boyd as to the Bixby Center and the Rossmoor Center, and suggested that Councilman Boyd or another City spokesperson approach the Rossmoor Community Services District or the Homeowners Association to commence educating the people of Rossmoor as to what they can do to help the Rossmoor Center become a viable entity, by his count over fifty percent of the tenant spaces are empty, the City needs to help the Rossmoor Center and Bixby to do some nice complexes to keep the people shopping locally and in turn increase the tax base. with regard to the Starbucks/ Blockbuster issue, his opinion as well is that they too must obey the rules and it is not certain that their trademark signs would portray the kind of image that would be desirable at the gateway to the City, the Old Town atmosphere may be preferable. Ms. Joyce Parkay, 6th Street, suggested that the City departments also abide by the rules, stating that she requested to enclose a four by four porch and was required to send notices to not only the property owners but every tenant, and if the developer for Starbucks is allowed to build two thousand square feet on I Pacific Coast Highway and three thousand square feet on Main Street without the required parking, what applied to her should apply to them as well, the big Starbucks and Blockbuster are not needed. Mr. Reg Clew1ey, Seal Beach, spoke of his concern with a pit at the property on Main Street at Pacific Coast Highway, a demolition permit has apparently been issue for that property that was once a gas station, possibly in violation of the Coastal Act, it is believed that Coastal approval is required, which takes some time. He said the pit at this location is a danger to the community, and called on the Council to have it filled prior to consideration by the Planning Commission or Coastal Commission for approval and a demolition permit. Mr. C1ewley said he believed the order of the agenda may be in violation of the Brown Act which requires that citizens be able to address all items, however the public is not afforded the opportunity to participate in the approval of the agenda, rather, it is only by motion of the City Council, and objected to the agenda as approved. Mr. Clewley said he had backup in reference to this being a national holiday, other holidays have been observed by the Council for specific reasons, there were no grounds to not honor the appellants matter of Variance 99-2, a continuance is in order in honor I of Columbus Day and Thanksgiving Day in that the minutes of September 9, 1996 reflect that then Counci1member Hastings noted that the next Council meeting was Yom Kippur and requested the Council move that meeting to another day to accommodate the Jewish residents of Seal Beach. He requested again, in addition to his written request, that the variance 99-2 appeal be continued to another date in honor of the holidays as well as to allow the appellant more time to gather his materials, also because the requested City equipment did not appear to be in order for a presentation for the appellant. Ms. Sue Corbin, Seal Beach, inquired if 10-11-99 I the Coastal Commission red tagged the former Shell Station property because a demolition permit was not obtained, evidently the property was entered and the guards removed, City workers put things back in place, the owners of the property need to be billed for that, the exterior of the property demolished needs to be properly maintained, there was no legal authority to demolish the Station, anyone who gets hurt on the property is a City liability, people have a right to answers under the Brown Act, no answers tells her that the Council does not want to discuss the matter. Ms. Corbin claimed that Starbucks is a restaurant, not a coffee shop, the Main Street Specific Plan spoke to a situation of walking up, obtaining a coffee, and walking away, four parking spaces is not sufficient for this business. She spoke of needing confidence in the staff, a recent news article brings forth question as to confidence in the City Manager given the way he has proceeded, described a situation relating to an employee in the Finance Department, said there needs to be trust and confidence in those that are hired, that no longer exists, she read names of persons with whom there was evidently philosophical differences who are no longer with the City, others may be forthcoming. She claimed that the water department is no longer legally constituted according to State mandates, there is no one left who can legally test the City's water, the people have the right to know what is going on with regard to that department, and asked that the Council do their job. Mayor Yost inquired as to the requirement for a Coastal permit for demolition. The Director of Development Services reported that a Coastal permit is required for demolition of the structure, the applicant has submitted an application to the Coastal Commission, it is being processed, as to the condition of the site, it is properly fenced, there is on-going remediation for soil contamination under the auspices of the Orange County Health Department, when that work is completed then the pit will be filled in and the site secured, until such time as building permit approvals are granted by the City and a Coastal Development Permit is approved by the Coastal Commission there will be no building on the property. As to comments relating to the water department, the Director of Public Works stated the prior comments were incorrect, there is fully licensed staff that is competent to operate the water system, the shortage of staff has been backed up with outside independent resources. There being no further comments, Mayor Yost declared Public Comments closed. I CITY COUNCIL ITEMS I CITY TREASURER POSITION Councilman Boyd read his memorandum to staff whereby recent events led to a discussion at his town hall meeting of September 28th, the result of that discussion was that perhaps the City Treasurer position should be an appointed position by the City Council rather than appointed by the City Manager, at that time he was not prepared to enter into discussion without first consulting the City Attorney and indicated to those present that he would bring this matter to the Council for discussion, he emphasized this is not an effort to rehire the former Treasurer, this is an effort to assure proper checks and balances in this City's government in the exercise of adequate fiduciary responsibility. Councilman Boyd requested Council direction to the City Attorney to present to the Council before the first meeting of November a legal analysis of the City Charter pending potential reclassification of this position, a summary of the 10-11-99 reasons for change from an elected position to the current appointed status, potential conflicts that might exist with a Council appointed Treasurer, and an explanation of the current classification system for a department head and an at-will employee, this in response to questions as to how the Council can allow the Manager to dismiss an employee that was felt to be doing a great job, another issue was if the Council could direct the Manager to take action on the matters that are felt to be detrimental to the City in terms of personnel and department head issues and where litigation may be involved. He noted that governments are fairly resistant to change therefore any changes should be determined to be the best practice or that it is not. He noted that even if nothing comes of this request at least the Council and the public will understand more about the duties of the City Treasurer, the functions and responsibilities of the position, which has become increasingly demanding, likely not a position where in a small city a qualified, full time Treasurer could be found through the electoral process. Question was posed if it is not true that the Orange County Board of Supervisors have ratification authority over the department heads of the County Executive Officer, a response was that it is believed there are some Orange and Los Angeles County cities that have a similar process. Councilmember Campbell spoke in support of the Council having ratification powers over hiring and dismissal matters relating to department heads, clarifying that that would not include the actual hiring. In the event the Council became involved in the hiring of a Treasurer, Councilman Snow asked what would be the mandate for education, experience, etc. Councilman Boyd responded that he was not certain at this point, his request is merely that the City Attorney report back as to whether the Charter allows the reclassification of the Treasurer position, a summary of any reason for the change made in the mid-1970's, and any potential conflicts, the fiduciary responsibility of the City is great. Mayor Yost pointed out that the City has a City Manager form of government which provides for the Council having authority over the financials by means of hiring and firing the City Manager, if department heads were responsible to the Council that would be chaos, if the Council were allowed to hire or fire or even have approval authority over that then there is not a City Manager form of government, opening the government up to politicization, the system of government that exists should be agreed to, the financials are already being reported to the Council and the Council can hire or fire the City Manager, there could not be an effective Manager if that person did not have control over the financials. He said upon checking with the League of Cities it was found there is only one city in all of Orange County that has a similar system ~o the suggestion, that is Westminster, Laguna Beach has an elected Treasurer which is said to be a ceremonial type position. Discussion followed with members of the Council further voicing their views on this request as previously stated. Mayor Yost agreed to the request as initially presented, however when the report from the City Attorney is provided to the Council he would like the public to have the opportunity to comment on the matter. By an indicated consensus, the Council authorized the City Attorney to respond to the request for information as previously stated. I I I CONSENT CALENDAR - ITEMS "F" thru "P" Boyd moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented, except 10-11-99 for Items "G, M, N, 0, and P", removed for separate consideration. Approved regular demands numbered 24864 through 25100 in the amount of $1,593,282.84, payroll demands numbered 5190 through 5519, and 9000062 through 9000086 in the amount of $466,869.11, and authorized warrants to be drawn on the Treasury for same. H. Adopted Resolution Number 4751 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING RESOLUTION NUMBER 4718, THE COMPREHENSIVE FEE RESOLUTION, TO INCLUDE THE PERMIT APPLICATION FEE FOR MASSAGE TECHNICIANS." By unanimous consent, full reading of Resolution Number 4751 was waived. F. I J. I K. L. AYES: NOES: I I. Adopted Resolution Number 4752 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE SEAL BEACH REGIONAL BIKEWAY PROJECT." By unanimous consent, full reading of Resolution Number 4752 was waived. Adopted Resolution Number 4753 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 #674, SLURRY SEAL PROJECT 1998/99, CONTRACT ENTERED INTO BETWEEN ASPHALT MAINTENANCE COMPANY AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4753 was waived. Approved Amendment No. 1 to the Cooperative Agreement between the Orange County Transportation Authority and the City of Seal Beach for the purpose of providing indemnification and right-of-way disposal criteria, and authorized the Mayor to execute said Amendment on behalf of the City. Received and filed the staff report relating to the Draft Focused Site Inspection Phase II Work Plan, Naval Weapons Station, and authorized the Mayor to sign the response letter thereto. Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G" - APPROVAL OF MINUTES With regard to consideration of Resolution Number 4729 at the August 23rd meeting, Councilmember Campbell amended the language to read that "...two Councilmembers and their appointees to the Environmental Quality Control Board and Planning Commission..." participated in the selection process of the consulting firm of Culbertson Adams for the environmental analysis of the Bixby project. With regard to Item "I", the Accountant Report, from the September 13th 10-11-99 meeting, Councilmember Campbell noted her request of the City Attorney to obtain the management letters prepared by Lance Soll and Lunghard, to which she inquired if that had been done. The City Attorney stated that in speaking with the City Manager he understands that staff has found a letter and a copy of same will be available the following morning. Doane moved, second by Boyd, to approve the minutes of the August 16th, August 24th, August 25th, August 31st, and September 20th regular adjourned meetings as presented, the August 23rd regular adjourned and regular meetings as corrected, and the September 13th regular meeting as presented. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEM "M" - RESOLUTIONS NUMBERED 4754 I 4755 - VESTING TENTATIVE TRACT MAPS 15381 and 15402 - HELLMAN RANCH Ms. Sue Corbin, Seal Beach, claimed that the Hellman Specific Plan violated the Coastal Act, there is no right to allow a three year extension. Mr. Reg C1ew1ey, Seal Beach, also objected to the extension, that project should be stopped now. Boyd moved, second by Yost, to adopt Resolution Number 4754 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A THREE YEAR EXTENSION OF VESTING TENTATIVE TRACT MAP NO. 15381" and Resolution Number 4755 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A THREE YEAR EXTENSION OF VESTING TENTATIVE TRACT MAP NO. 15402." By unanimous consent, full reading of Resolutions numbered 4754 and 4755 was waived. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried Councilmember Campbell mentioned that this particular land is zoned for housing, the vesting maps are for the seventy homes proposed for the bluff, and Mayor Yost explained that this does not extend the golf course or anything else, the current direction of the City is towards wetlands and wetland restoration, by extending the maps for the seventy homes actually allows the City to move closer to a real wetland restoration in that area, a judge has said that only wetlands can be placed on wetlands which drastically changes what can be done with the remainder of the property. The City Attorney explained that no judge has found that the City violated the Coastal Act, there is no such court ruling, there was a Court of Appeal ruling in San Diego with regard to the Coastal Act that in turn has some impact on what happens to the Hellman property. It was noted that the issue before the Court was on a totally different property, also, that it was the Coastal Commission that was found to be in violation of the Coastal Act. To an inquiry of Councilman Snow as to an approximate time frame for the wetlands restoration, the response was that that is unknown. I ITEM "N" - AGREEMENT - SKATE PARK ADVERTISING Councilmember Campbell questioned if the forty percent commission to the advertising contractor is standard. The City Manager responded that is the standard for recreation contractors. Yost moved, second by Boyd, to approve the 10-11-99 advertising agreement with Scott.Durzo for the Seal Beach Skate park, and authorized the City Manager to execute said non-exclusive agreement. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I ITEM "0" - CLAIM FOR DAMAGES - ALARI Ms. Sue Corbin, Seal Beach, said if the Council does not have the actual claim form no decision on claims can be made, under the Brown Act the claim form is a public document, action can not be taken based upon a memorandum from the City Clerk. The City Clerk explained the process followed once a claim has been submitted, it is then reviewed by a claims review committee that consists of the affected departments and the City Manager, a summary of said claim and recommendation of the committee is then presented to the Council for consideration, in the past claims have been prepared for public viewing while keeping in mind the privacy aspects of individuals who may be mentioned as witnesses, etc. Doane moved, second by Boyd, to deny the claim for damages of Mr. Stanley Alari and if necessary said claim to be referred to the City's liability attorney and adjuster. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I ITEM "P" - 1999 PROPOSED AIRPORT ENVIRONS LAND USE PLAN AMENDMENTS - ORANGE COUNTY AIRPORT LAND USE AUTHORITY Councilmember Campbell commended the questions raised by the Director of Development Services, made reference to a statement that 'it would seem appropriate somewhere within the definition to indicate that the ultimate determination of requiring an avigation easement rests with the local governmental jurisdiction, not the Airport Land Use Commission', and noted that that comes under the purview of the ALUC mission to protect people from the airports and airports from the people, also, explained that avigation easements are already in place in the County, including the Bixby property. She mentioned that the third point of the letter requests that the most recent noise study be incorporated into the AELUP, the Wyle Research Report, yet the military has specifically requested that the 1989 study stand, evidently that gives them a little more leeway, they do not want the Wyle Report used. She said of interest is that when one looks at the noise study contour maps, the map from the 1973 Environmental Impact Statement for the Los Alamitos AFRC shows no contours over College Park East, had there been the area could not have been developed, yet when the noise study was done in 1987 it was all computer modeling and somehow they moved all of the noise contours off the Bixby property and onto College Park East, however the flight path has never changed, it appears then that there is noise on only one side of the flight path. Councilmember Campbell presented visual projections of the 1973 noise contour showing nothing over College Park East, the contour location from the 1975 AELUP, College Park East continues to be outside the noise contours, in 1987 the contour shifts the noise to one side of the flight path over College Park East, also a diagram of the former crash zone for which development is proposed. Counci1member Campbell said she merely wanted to mention some of the questions that the Director had posed in the response letter to the ALUC, this issue a situation that needs to be dealt with in regard to future development, suggested approval of the response letter and said she will I 10-11-99 address the issues raised at.the next Airport Land Use Commission meeting. Councilman Boyd also commended the Director for the letter of response, and moved to receive and file the staff report, authorized the Mayor to sign the response letter on behalf of the City, and instructed staff to forward this item to the Planning Commission and Environmental Quality Control Board for information purposes. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried PUBLIC WORKS PERMIT - PUBLIC PROPERTY POLICY / PROCEDURES Mayor Yost recalled that this issue came about as a result of a Main Street encroachment issue. The City Manager agreed that that incident triggered developing a policy, however this item goes further and requests Council affirmation of what is commonly known as the encroachment policy yet expanded into a Public Works permit process. He reported that the Engineering Department has developed standards for consistent responses to such things as requests to build block walls or fences up to a City sidewalk, decks encroaching over public sidewalks, utility companies that cut into the streets, etc., up until recent years such requests were handled on a case by case basis as no standard policy existed. The Director of Public Works stated that the Assistant City Engineer has reformatted most of the applications which will allow them to be tracked, show who is making the approvals, how things are approved, to assure a high level of customer service, and confirmed that this is a request for Council affirmation of what in fact is current policy. The Assistant City Engineer commenced a visual presentation relating to the proposed Public Works Permit policy and Guidelines. I * What is a permit - a personal privilege to perform an act or series of acts upon the property of another, basically to go on a property to work or put something there, that does not amount to an easement or right of possession, just because a wall is placed on City property does not mean that one owns that property, that wall can be requested to be removed, etc.; * Why do we need public works permits - first, to assure that public safety and welfare remain uncompromised, that good engineering standards are used and assure that nothing unsafe is placed in the public right-of-way, the desire is to keep public areas public, not allow public space to be reserved for private use, maintain quality construction standards, prevent interference with utility lines and operations, those are water, sewer, cable, electric, telephone, etc., provide public access and travel through the right-of-way whether by vehicle or pedestrians, protect the integrity of the existing infrastructure to prevent costly futures maintenance, and provide open space for drainage and aesthetics, the more open space the better for drainage purposes; I I I I 10-11-99 * Diagram was shown of what is basically seen in Old Town and the Hill areas showing the street right- of-way, parkway, and sidewalk, what most people do not know is that behind the sidewalk towards the property there can be between one to four feet of public property; question - do people pay taxes on the parkway strip that is toward the private property line - the response was they do not, it is actually City property, it is usually in the form of a highway easement or owned in fee; * College Park East - for the most part that is a curb adjacent to the sidewalk arrangement, again the public property strip would be behind the sidewalk towards the private property; * What would a permit be required for - any time there is any type of physical improvement in the street, replacement of sidewalk, driveway, excavations, any placement of something of a permanent nature in a public right-of-way a permit is required from the granting authority, the Public Works Department; * utility placement - those companies usually do that in front of an excavation, they need to have a permit, also if they wish to put a box in the public right-of-way as part of their operation; Temporary permit - that is for storage of materials or bins in the right-of-way, a dumpster permit, there are regulations as to how long it can remain, storage of tools or materials whether that be brick or wood or whatever to assure it is safe as long as it is coned off properly; * * Street tree planting and removal - any trimming of a City tree requires a permit; * Street closure and restrictions - a permit is required from Engineering; * Prohibited encroachments - curb, gutter, sidewalk, parkway improvements that do not meet current engineering standards or plans, structural elements such as buildings, decks, walls, patios that encroach into public space, reserved for pedestrian and vehicle use, illegal signs in the public right- of-way, permitted signs require approval of the traffic engineer to assure safety, in residential areas telephones, kiosks, or furniture are prohibited from the public right-of-way; * City Engineer advised that this does not address Main Street issues, in that case more analysis is needed and meetings held with the businesses and residents and the Council to discuss what is desired, that somewhat of a special case, Main Street is exempted at this point with regard to street furniture, benches, advertising, prohibition of balconies, etc., the other commercial areas as well, at this time requests would be considered on a case by case basis; 10-11-99 * Other prohibited encroachments - balconies, stairways, overhangs, projections over the public right-of-way, foundations, walls, footings, parkway planters greater than six inches in height, concrete parkways, vending machines, overhanging landscaping, and above ground irrigation systems; * Question raised regarding planters greater than six inches, such landscaping, masonry work, retaining walls do exist - a retaining wall situation is not considered a planter and is something that can be permitted, the reason for not wanting anything over six inches high in the area between the curb and sidewalk is for vehicle parking, etc., confirmed that a planter greater than six inches high would not be allowed behind the sidewalk, that would be an encroachment into the right-of-way and if access is needed the planter would need to come out, some things may be allowed through a non-standard improvement agreement, that an assurance with regard to compatibility and liability issues as well as maintenance responsibilities - the primary area of concern is between the curb and sidewalk, special provisions are being proposed to take care of the right-of-way area behind the sidewalk; I * Non-Standard improvements - these are not considered usual and customary in the right-of-way, walls, fences, decorative improvements, parkway surfacing, etc. - these not only require a public works permit but a separate agreement as well to run with the land that requires the owner to maintain the improvements; I * Why would non-standard improvements be allowed - it allows owners to enhance public improvements to match adjacent private improvements, it allows flexibility, personal expression, also allows higher quality decorative improvements within public space that benefits the City without incurring the costs; * The City Engineer explained - on occasion there are opportunities to do a higher level of improvement but it would not be appropriate to use public money, an example would be when certain properties along Pacific Coast Highway were developed, they wanted to put in decorative paving in the parking areas however the properties were bisected by a public alley, in that case the City entered into a non-standard agreement to allow the installation of the decorative paving in the alley with provision that the owner would maintain that pavement and accept any associated liability - there intent is to encourage people who want to make such investment in the community, yet the City needs to maintain some control, thus the agreement is the tool, in the case of an improvement outside the realm of the ordinary that would come before the Council; I . As to things that there is a desire to avoid, things that have evolved over time, most without the knowledge of the City - concrete parkways and the area behind the sidewalks, they are not nice I I I 10-11-99 looking and impede drainage - walls on the property line with the area between the wall and the sidewalk also filled with concrete, that is not appealing, has no aesthetic value, collects trash, etc.; * There are considerable areas behind sidewalks in Old Town where the public right-of-way varies from about one to four feet, the use of those areas is encouraged but it is necessary to preserve a certain amount of aesthetics and drainage, if there was no concrete adjacent to the sidewalks they would drain much better; * A new proposal is to maintain a minimum of eighteen inches between the sidewalk and the property line, that would only occur where the area exceeds the eighteen inches, if there is only a foot the desire would be to keep that amount or more, if the area is around four feet and the property owner wants to put in a decorative planter or whatever, the City would encourage that yet keep a certain amount of landscaping to the front, the advantage is that you then have the aesthetics, the drainage, it also makes it easier to maintain the sidewalk, utility connections are always an issue, sometimes there are no other places in the streets and the parkway must be used, that is also an advantage when a street is overlaid or paved and a utility wants to lay a line, the parkway is then an option but it can not be used if it has been given away; * There are areas of the town where there are very narrow parkways and where sidewalks could possibly be realigned sometime in the future to provide larger areas for street trees, that option needs to be kept open; * The parkway between the sidewalk and curb is desired to be maximized for the purpose of aesthetics, drainage, sidewalk maintenance, utility placement, and future use - some property owners have been creative and maintain a green look with parkway hedges, plantings, grass, all of this makes a big difference in the appearance of the City; * What about concrete in the parkway, some people just do not want to maintain that area - that is a detriment to street trees, they do not get adequate water, stunts their growth, creates hazards that are not necessarily a City responsibility, grass and/or low ground cover is much better, is good for drainage, and reduces liability; * As to the use of bricks in the parkway, even placing them in sand does not allow adequate percolation, rather water becomes runoff, the result is often sinking or raised bricks, decorative paving is fine but not a complete paving; . Appropriate use of hardscape - a twenty/eighty proposal has been developed, this provides the opportunity for a homeowner to do brick strips, accents, yet still provide an area that is 10-11-99 landscaped and green, good drainage and low maintenance; * Example shown of a homeowner who extended their decorative walkway to streetside, in that case the property owner entered into agreement with the City to maintain that sidewalk area and accept liability, this allows the homeowner to add further quality to the neighborhood, this type of thing can become quite eclectic but it adds a lot as well; I * Clarified that the City does not require a permit to plant grass, ground cover, or plantings less than a foot in height, no permit is required for a below grade irrigation system with pop-up heads, the desire is to make it as easy as possible for people to maintain their parkways; With regard to existing conforming and non- conforming encroachments, the effective date of this written policy of October 1st was merely picked as a date closest to this meeting - the purpose is not to go out and walk or police the streets to look for non-conforming - a Municipal Code section requires review of frontage improvements, curb, gutter, sidewalk, and street pavement, whenever there is an addition of more than four hundred square feet, the conditions of the curb, gutter, and sidewalk are reviewed and if they require upgrading the property owner is asked to do that as a part of the building package - the City also looks for non-conforming encroachments, if the property owner has something in place that violates City policy, the property owner is requested to bring the encroachment back into compliance - if something is deemed to be a safety hazard the City will immediately take action to have the homeowner remove the hazard; * I * City is pursuing the replacement of concrete when a property owner requests to do cuts for additional water or sewer services or the utilities want to cut and replace portions of concrete improvements, curb, gutter, sidewalk, as well as alley, the request of the City is to attain full panel replacement, an attempt to avoid jigsaw replacement patterns, when there are jagged cuts that results in cracks, water seeps in and then the base under the concrete begins to shift which causes settlement and upheaval, deterioration is then more rapid than if it were left in place - there may be objections from the public when the City requires them to replace concrete; * Street excavation moratorium - the City is not allowing any street cuts in pavements of less than five years old or slurry seal of less than three years, this prevents a more rapid deterioration of the pavements, it is recognized however that utility companies do have emergencies yet there are special conditions to try to minimize emergency repairs such as full width paving, slurry seal of an entire block, etc. I 10-11-99 I It was noted that it is difficult to establish a permit policy that is comprehensive enough to cover every conceivable kind of situation therefore the non-standard agreement may be an appropriate tool with the understanding that anything of a substantially unusual nature will be brought to the Council for consideration. Councilman Boyd commended the informational guides prepared for the public relating to dumpsters, encroachment permit information, etc. It was noted that more guides will be prepared in the future. Councilman Campbell expressed concern that some things that have recently been allowed in College Park East would now not be allowed under this policy, many of the comments are subjective, the focus appears to be towards Old Town, her concern is how restrictive this would be for College Park East, therefore she would vote against the policy. The Manager said this is merely a request to affirm what has been put into place by Public Works during the past couple of years, any provision that becomes a problem in the future can be reconsidered. It was pointed out that this is a policy and not Municipal Code, Councilman Boyd noted that a policy is more specific where the Code is reasonably vague, questions have been posed to Council in the past where the response of staff has been that no policy exists, this policy is not overly restrictive, in Old Town as an example the first eighteen inches of a property will be required to be reserved for landscaping, it allows for variations of characteristics and architectural style preferences and maximizes the use of the property. It was noted that this is a policy governing City property. Councilmember Campbell again stated that this policy is basically geared to Old Town, College Park East and College Park West are different and some of these policies do not apply. Snow moved, second by Yost, to affirm the Public Works Permit program and adopt the Policies and Procedures as presented. Councilman Doane inquired if an ornamental or picket fence built up to the sidewalk would be allowed under this Policy, the response of the City Engineer was that it would not be allowed, a prior Public Works policy allowed no encroachment into the public right-of-way, the need is to allow a certain amount of space for landscaping yet provide a mechanism that also allows approval of things that meet the policy so that property owners can do things to enhance their property. Ms. Sue Corbin, Seal Beach, objected to the listing of this item on the agenda under new business, the people need to be able to address the issue, and questioned why the policy for Main Street has not been addressed. She claimed that the Manager had his sidewalk done, brick was put in his parkway, it was said that would be the responsibility of the property owner therefore he should pay the City back for that work and labor, his street was also slurried before others. She objected too that certain Main Street businesses use the Main Street easement for their own benefit, the flower shop on Marina Drive also encroaches the right-of-way for their purposes, and stated this needs to be an all encompassing policy. I I AYES: NOES: Boyd, Doane, Snow, Yost Campbell Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 9:00 p.m. The Council reconvened at 9:08 p.m. 10-11-99 PUBLIC HEARING - LOCAL LAW ENFORCEMENT BLOCK GRANT - 1999 Mayor Yost declared the public hearing open to consider Local Law Enforcement Block Grant for 1999. The City Clerk certified that notice of the public hearing was advertised as required by law and reported no communications received relating to this item. Captain Schaefer presented the staff report, noted that this is the fourth year that the federal government has made available to the Seal Beach Police Department a local law enforcement block grant, this is in the amount of $22,947 for the purpose of reducing crime and improving public safety, the grant allows the procurement of equipment, technology and other material that is related to the basic law enforcement function. The Captain stated that the Department believes that these funds should go towards the much needed 800MHz radio communications system, replacing the twenty-five year old system, this in conformance with the grant guidelines and law enforcement function. He noted that this grant requires matching funds of $2,500 that could be allocated from the current Department budget. There being no public comments, Mayor Yost declared the public hearing closed. I Boyd moved, second by Yost, to approve the acceptance and appropriation of the 1999 Local Law Enforcement Block Grant as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried PUBLIC HEARING / RESOLUTION NUMBER 4756 - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT 2000-2001 - PROGRAM YEAR 26 Mayor Yost declared the public hearing open to consider the Housing/Community Development Block Grant program for year 2000-2001. The City Clerk certified that notice of the public hearing was advertised as required by law, and reported no communications received relating to this item. The Director of Development Services presented the staff report and recommendation of the Citizens Participation Committee to make application for funding in the amount of $250,000 for the purpose of the Seal Beach Boulevard Reconstruction Project from Electric Avenue to Pacific Coast Highway. There being no public comments, Mayor Yost declared the public hearing closed. I Councilman Boyd expressed his support for the recommendation for the reason that it is earmarked for a long standing problem, the renovation of the existing public right-of-way on Seal Beach Boulevard, and read the proposed improvements that said project may include. He stated his belief that H/CD monies go a long way to expand the City's tax dollars for such improvements. Councilman Doane mentioned that when he first joined the Council in 1991 this was one of the highest priority projects however nothing as yet has been done. I Boyd moved, second by Boyd, to adopt Resolution Number 4756 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE (YEAR XXVI)." By unanimous consent, full reading of Resolution Number 4756 was waived. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried 10-11-99 I PUBLIC HEARING - APPEAL - VARIANCE NO. 99-2 DENIAL - SUNROOM ENCLOSURE - 1307-1/2 OCEAN AVENUE - ALBERS Mayor Yost inquired of the applicant if he was requesting an extension of time as another speaker had indicated, to which the applicant responded that would be appreciated. The City Attorney mentioned that the Code may provide a specific period of time from the decision of the Planning Commission. A member of the audience requested a minimum of thirty days, stating that ZTA 96-1 was a period of six months between the Commission denial and Council consideration of that matter. The City Attorney noted that there are different rules for variances and conditional use permits and zone text amendments, for ZTA's there is no deadline under which the Council must act, for variances the time period is forty days from the time the appeal is filed, in this case it was September 17th, his recommendation would be to hear the matter at the next meeting. To a question of the applicant, he was advised that if he will be out of town at that time he should contact the City Manager or the Director of Development Services. By unanimous consent, this public hearing item was continued until the next meeting. CITY ATTORNEY REPORT No report was presented. I CITY MANAGER REPORT With regard to the Main Street at Pacific Coast Highway property, the City Manager mentioned that a couple of informational discussions have been held to allow public input and comments to the developer, his options at this point is likely to push the development through to a vote of the Planning Commission and possibly the Councilor to deal with some revisions that might address concerns brought forth by the public, during conversation with the developer this date it was indicated he would present his approach to the City sometime this week, it is likely there may be additional forums whereby the public will be encouraged to participate. As to the 5th Street traffic calming approach, he reported that staff has devised certain landscaped traffic chokers for the entrance to 5th Street at Marina Drive, that would involve chokers at the liquor store and the church across the street, some basic traffic counts and speed readings have been done both before and after the traffic circle at 4th Street was installed. He mentioned however that now that the new federal grant application is in that money could be added to the regional bike trail grant that was received from the State therefore with the extension of the bike lane and additional greenbelt area possibly other traffic calming measures at that intersection could be looked at and considered before discussing them with Mayor Yost and Councilman Boyd, that is the reason that that project has not been brought to the Council for the purpose of seeking bids. The Manager mentioned that the Tall Ships event held in July was initially planned entirely as a Long Beach event, Seal Beach was notified late that three of the ships were intending to dock at the Naval Weapons Station, the projection was about eight to ten thousand visitors per day, the Police Department reacted accordingly, however the attendance for the two days reached between fifty to sixty thousand people which placed a significant strain on police resources, and to that the Police Department, in a diplomatic way, approached the City of Long Beach and pointed out the impact on the City'S costs for the event, in turn Long Beach has forwarded a check for overtime costs in an amount just over $1,700. To the issue of dogs on or off leash in Gum I 10-11-99 Grove Park, it was felt appropriate to invite the residents of the area and any interested public to express their comments on that issue rather than staff preparing an ordinance to address the situation at the Park without any public input, therefore a public informational meeting has been set for October 18th at 7:00 p.m. facilitated by the Recreation/Parks Director. The Manager also recognized I Captain Schaefer upon his graduation from the Police Command College which is the highest form of continuing education for police chiefs and police management in the State of California. PUBLIC COMMENTS Mayor Yost declared the second Public Comment period to be open. Ms. Carla Watson, Catalina Avenue, commended the Public Works Department for their encroachment policy, also those who would like to see a prettier City and serve on the tree committee. Ms. Watson mentioned again that this City has a City Manager form of government, that person does the hiring, if that person is not liked then you remove the person but one does not lessen that office by diminishing the authority of the City Manager, her preference would be that the time spent by the City Attorney on the Treasurer issue be focused on other things. She said something that cries for attention is the pollution of the San Gabriel River, her preference would be to see the Council become more aggressive, there was a past motion, although not unanimous, to form a special board, thus far there has only been inaction, when the history of this town is written it will be what this community did to save the ocean and what was done to save the San Gabriel River from pollution, you do that by I taking a small city and become aggressive and take a stand, is it known that this City took a stand years ago for the test ban, for the Bolsa Chica, could we be the first small city that is going to stand up and say we will not stand for any more pollution, any more needles, any more garbage, that is what she would like to see this Council do. Mr. Chi Kredell, Seal Way, agreed with the prior speaker, however added that most of the drainage into the San Gabriel River comes from Los Angeles County, suggesting that Seal Beach work with Councilman Colonna from Long Beach. It was noted that about five meetings have been held with him thus far. Mr. Kredell stated that the Police Department did a good job in handling the visit of the tall sailing ships while docked at the Weapons Station, they shut down Seal Beach Boulevard, and why would one want to go to Long Beach when parking was available on the Station. Mr. Kredell mentioned the continuance of the appeal, stated his opposition to that appeal, also noted that there is another such item coming to the Planning Commission that is a third story and they are requesting to expand that third story where the rear setbacks are three feet from the alley, there are no sideyard setbacks, a thirty by ninety foot lot with three units. He questioned why the recommendation to the Commission would be approval when it is totally in violation. Ms. Sue Corbin, I Seal Beach, spoke again about the required demolition permit for the former Shell Station property, a hole is open, the property has been vandalized, the warnings are missing, the owner needs to pay for those, this a similar situation to the handicapped parking spaces and wheelchair access in the Main Street parking lot, who has the authority. With regard to the Hellman property, she said it is correct that it was the Coastal Commission who was named in the lawsuit, yet legal counsel dealt with the golf course issue, the Hellman plan was an illegal plan that could not stand up in court. She 10-11-99 I claimed again that the City does not have a legally constituted water department staff, also, someone has reported the Shell Station property to the State, they will come and sanction the City. Ms. Corbin charged that the Manager gets along with no one, questioned why employees are being treated as they are, the Council is allowing this to happen, also, there should be no more informal meetings with a select few, everyone or no one. She called for the water department issue to be decided at this meeting. There being no further comments, Mayor Yost declared Public Comments closed. I COUNCIL COMMENTS Councilman Snow stated that he and Councilman Doane are commencing plans to bring forth to the voters of Leisure World information that they did not get when they signed the referendum on the Bixby plan, information relating to this will be disseminated when finalized. Councilman Boyd introduced Mr. Michael Moore, Orange County Fire Authority, recently promoted to Battalion Chief. He reported that he is sponsoring on the first Saturday of each month a beach cleanup, the first held this past weekend and was successful in cleaning the beach from the pier in both directions to the jetties, future cleanups will be on the first Saturday of the month at 8:30 a.m., meeting first at Lifeguard headquarters. Councilman Boyd said some time back he had requested that the Council receive a brief report of activity from each of the departments on a monthly basis, as an example, from the Building Department the number of permits issued in the month, the turn around time for resubmittals of plans, perhaps information relating to the just adopted permit guidelines, police activities such as arrest activity, etc., basic data that shows that a good job is being done to meet the public demands, information that can be compared to other cities, it is felt that some parameters can be developed for such information, possibly a monthly consent calendar item. Councilmember Campbell referred to the San Gabriel River comments, the Solis and Havice bills, the City actively pushed for these bills, they have been approved, the League of Cities will now decide which cities will have a seat on the San Gabriel River Conservancy Board, Seal Beach has put in a strong bid to be one of those seats, at a recent meeting there were other cities that agreed that this City should sit on that Board inasmuch as Seal Beach is at the mouth of the River where the debris deposits itself, this is key to getting the River cleaned up. She mentioned the amount of hand bills, advertising, business cards, donation bags, etc. that are distributed to residential doors, to that a suggestion was received to possible enact a handbill permit, of concern is that if people are away for a few days these materials are evidence that no one is home. The City Attorney noted that there are certain First Amendment protections in that area, this issue was looked at a few years ago, recollection is that there were fairly strict regulations as to hours, the ability of cities to regulate is fairly well restricted, similar concerns were expressed previously, however offered to research the opinion memorandum from the past. Councilman Doane suggested researching the anti-litter law. A member of the audience suggested that neighborhood watch could be integrated into a program. Councilmember Campbell noted receiving questions relative to the. water rate increase, apparently the Council voted to allow any water increases to be passed on to the residents, possibly such vote was misplaced, her feeling is that when increases are forthcoming the Council should be I 10-11-99 informed and a vote taken. She inquired if there is a tentative date for the paving of the three streets in College Park East. The Director of Public Works responded that there is presently no specific date, a pre-construction meeting has been held with the contractor, information will be distributed as soon as it is available, it is hoped to be the end of October. Councilmember Campbell mentioned that many I times people have made allegations as the City wasting money, which she said is not true, the example frequently used is the cost of paving 12th Street, the street where the former councilmember/mayor lives, to which she explained that that street should have been paved when the former councilmember first took office but because of her position the project was put off so as to not show favoritism therefore by the time the project was done the street was in much worse condition. The Director of Public Works concurred that the project had been put off for many years, 12th Street does have a higher volume of traffic than most, if one looks at 10th or 11th Streets today one can see the kind of pavement problems that were faced on 12th Street however they do not have near the volume of traffic as does 12th, that, along with the fichus tree problems caused sidewalk problems that were unrepairable, root trimming to put in the sidewalk was not an option, the trees had to come out, therefore the City was faced with not only replacement of the street but the sidewalk, curb, and gutter, this project had always been in the Pavement Management Plan and had nothing to do with the fact that the councilmember lived on that street. He confirmed too that it was found that there was one roadbed on top of another, pushing the top up therefore there was no choice but to remove the lower roadbed. Councilmember I Campbell said the point is that this was not a frivolous project, it should have been done years ago. Councilman Doane mentioned that there is another. example of Seal Beach being a City with a heart, there was a recent news article with regard to injuries sustained by Eric Kidd, to that this past Thursday O'Malleys hosted a fund raiser with most of the Main Street businesses contributing prizes for auction, the owner of O'Malleys feels that the proceeds will be in the neighborhood of $7,000 to help this family, to which he commended O'Malleys, those that donated prizes, and those who attended. He said to show his appreciation he has agreed to be the guest bartender on October 20th and it is hoped all will support him in that effort. Councilman Doane pointed out Mr. George Worm who he said is running for President of the United States, will be in attendance on the 20th at which time he will present his progressive platform. Mayor Yost reported that the State of the City went well, there was a review of the budget, major projects and issues. He noted receiving a call from someone whose animal was taken to Long Beach, when they called Long Beach that was denied but through their persistence it was found the animal was there and was retrieved. Mayor Yost announced again that there will be an informal discussion meeting on October 18th at I 7:00 p.m. relating to dogs in Gum Grove Park. He inquired about Coral Place being left off of the slurry seal project, to which the Director of Public Works responded that Coral Place can not take a slurry seal and will need to be scheduled for an overlay in the Pavement Management program. The Mayor also mentioned that the Havice bill will be a good tool to deal with the water quality issue in the San Gabriel River, there needs to be assurance that the Governor will sign that bill, both bills will be beneficial, and it is his intent to continue working on this issue. 10-11-99 I 10-25-99 I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the agenda, a conference with the City's real property negotiator pursuant to Government Code Section 54956.8, a conference with legal counsel relating to anticipated litigation pursuant to Government Code Section 54956.9(b), and a conference with legal counsel relating to existing litigation pursuant to Government Code Section 54956.9(a). By unanimous consent, the Council adjourned to Closed Session at 9:55 p.m. and reconvened at 10:42 p.m. The City Attorney reported that the Council had discussed the items identified on the agenda, gave direction to the City Attorney and City Manager, no other action was taken. ADJOURNMENT It was the consensus of the Council to adjourn the meeting until Monday, October 25th at 6:00 p.m. to meet in Closed Session. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 10:43 p.m. Approved: /f:, Attest: I Seal Beach, California October 25, 1999 The City Council of the City of Seal Beach met in regular adjourned session at 6:12 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane Absent: Councilman Snow I Councilman Snow joined the Council in Closed Session at approximately 6:18 p.m. Also present: Mr. Till, City Manager Mr. Steele, Assistant City Attorney Ms. Yeo, City Clerk APPROVAL OF AGENDA The Assistant City Attorney requested that an item be added to the Closed Session for discussion, a conference with legal