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HomeMy WebLinkAboutCC Min 1998-01-12 12-22-97 / 1-12-98 Seal Beach, California December 22, 1997 Pursuant to the direction of the City council at their regular meeting of December 8th, 1997, the regularly scheduled meeting of December 22, 1997 was canceled and adjourned until Monday, January 12th, 1998 at 6:30 p.m. I t Clerk and the city of clerk Seal Beach, California January 12, 1998 The city Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Campbell, Forsythe, Fulton Absent: None I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA By unanimous consent of the Council, the order of the agenda was approved as presented. CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the item identified on the agenda, a conference with the Labor Negotiator, Mr. Avery, pursuant to Government Code Section 54957.6, with regard to the Orange County Employees Association and the Police Officers Association. The Council adjourned to: Closed Session at 6:31 p.m. and reconvened at 7:00 p.m. wit~ the Mayor calling the meeting to order. The City Attorney;rceported that the Council had met in Closed Session to discuss the item identified on the agenda, gave 'direction to the City Manager, and no other action was taken. ORAL COMMUNICATIONS There were no Oral Communications. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:01 p.m. 1-12-98 Approved: clerk I Attest: Seal Beach, California January 12, 1998 The City Council of the City of Seal Beach met in regular session at 7:01 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Campbell, Forsythe, Fulton 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 Ms. Stoddard, Director of Administrative Services Chief Sellers, Police Department Ms. Beard, Director of Recreation and Parks Ms. Yea, City Clerk APPROVAL OF AGENDA Mayor Hastings requested that Item "K" be considered out of order before Oral Communications, Councilmember Forsythe requested that Item "F" be removed from the Consent Calendar for separate consideration, and a member of the audience requested Item "X" removed. Fulton moved, second by Campbell, to approve the order of the agenda as revised. I AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEM "K" - RESOLUTION NUMBER 4598 - HONORING RICHIE HIATT - EAGLE SCOUT AWARD Mayor Hastings read Resolution Number 4598 in full entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING RICHIE HIATT FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD," the Resolution citing Richie's Eagle project of organizing a Walk-A-Thon fund raiser, "Walk On For A Cure For Cancer - Kids Helping Kids" held in March at the Los Alamitos High School which raised approximately $15,000 for the benefit of 1-12-98 kids with cancer. Hastings moved, second by Brown, to adopt Resolution Numbe~ 4598 as presented. , AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I Mr. Jeff Christ, College Park west, pointed out the age of Richie Hiatt as only thirteen years, his accomplishments most unusual, and an extraordinary Eagle project. The parents of and Richie himself thanked the Council for the recognition, and Mr. Christ for his years of work in scouting. ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Dr. Rosenman, Seal Beach, said he had distributed a letter that he had not received by the time of the scoping session for the Bixby EIR which he said cites some concerns of the Aeronautics Program of the Department of Transportation regarding that project, a comment also relating to the use of Ca1Trans standards. Judge Dave McKekin, orange County Superior Court, Rossmoor resident, spoke regarding the upcoming Grand Jury recruitment, a body that deals with both civil and criminal matters, a number of Seal Beach residents have served on the Jury in the past, the recruitment is looking for persons who would like to serve commencing in July for a period of a year, five days a week, the recruitment to close at the end of January, and provided application forms for any interested public. Ms. Seretta Fielding, Seal Beach Boulevard, reported being a twenty year resident, fourteen on the Boulevard, and requested that there not be an $870,000 investment in Main Street improvements, that she is not against improvement of Main Street it is simply that Seal Beach Boulevard, a main entrance to the City, has been ignored for forty-nine years, and if there is a desire to attract visitors to the City and increase revenue, it is necessary to beautify City entrances for lasting first impressions. She noted that First Street is nice with its median and flowers until it connects with Central, which is in need of resurfacing, Pacific Coast Highway looks nice as well until it connects with Seal Beach Boulevard, which looks unkept, Electric and 12th are nice as well given the recent improvements. Ms. Fielding requested that the proposed Main Street project be reconsidered, that $120,000 be set aside for Seal Beach Boulevard and $70,000 for Central, claiming that only certain streets have been maintained over the years, others have been ignored, some wonder if this is part of a plan for redevelopment of certain areas of the community, to which she asked if the City does not have a responsibility to assist all property owners to maintain their property values. She stated that cobblestones will not increase revenue to Seal Beach, improvement of the beach restrooms are a must, as are repairs to sidewalks on Main Street, police patrols are a must, making visitors feel secure and safe, as well as having all of the entrances to Seal Beach look inviting and beautiful, again requesting reconsideration as to how the monies will be spent. Mr. Jim Sokoloff, 5th Street, requested that a disabled street parking space be installed at the postoffice as part of any Main Street improvements, noted the curb cut at the nearby crosswalk however he too offered that cobblestones are difficult for wheel chairs, and suggested a handicapped, wheelchair equipped van parking space by means of taking out one of the proposed planter box spaces. With regard to fire I I 1-12-98 I trucks, Mr. Sokoloff stated federal law does not allow the operation of a Jacobs Brake within a city limits unless otherwise posted or during emergencies, the noise from which is disturbing to neighborhoods. Mr. Charles Antos, Seal Beach, asked why the 911 system was not operating on Saturday just before noon as he had made th+ee 911 calls and could not get through. Ms. Sue Corbin, introduced a new reporter for the News Enterprise, Ms. Alarid. There being no further comments, Mayor Hastings declared Oral Communications closed. CONSENT CALENDAR Forsythe moved, second by Brown, to approve the recommended action for items on the Consent Calendar as presented, except Items "F" and "X", removed for separate consideration. A. 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 unless specific request is made at that time for the reading of such ordinance or resolution. B. Approved regular demands numbered 17995 through 18241 in the amount of $866,945.68, payroll demands numbered 25015 through 25338 in the amount of $462,130.65, and authorized warrants to be drawn on the Treasury for same. I C. Received and filed the staff report relating to Regional Transportation Plans of the Southern California Association of Governments and the Orange County Transportation Authority, and instructed that said report be forwarded to the Planning Commission and Environmental Quality Control Board for information purposes. D. Approved renewal of the parking agreement between the Grace Community Church and the City of Seal Beach for the use of the Eighth Street City Hall parking lot for a one year term expiring June 30, 1998. E. Received and filed the staff report relating to comments on the Mitigated Negative Declaration - Summerwood II, City of Westminster, and instructed that said report be forwarded to the Environmental Quality Control Board for information purposes. I G. Received and filed the staff report with regard to the notice of preparation by the U. S. Army Corps of Engineers of a San Gabriel River Watershed Study expected to commence in the spring of 1998. H. Adopted Resolution Number 4597 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING ORANGE COUNTY BOARD OF SUPERVISORS SETTING $1 PER VEHICLE REGISTRATION FEE FOR CAL-ID SYSTEM." By 1-12-98 unanimous consent, full reading of Resolution Number 4597 was waived. I. Approved the minutes of the October 27, 1997 regular meeting. Accepted the assignment of the contract and all amendments thereto between the City of Seal Beach and Metro Display Advertising to the Eller Media Company. K. (Resolution Number 4598 adopted/presented at the beginning of the meeting). J. I L. Ratified the 1997/98 budget of the West Orange County Water Board as presented. M. Received and filed the Monthly Investment Report for the period ending November, 1997. N. Received and filed the Annual Financial Statements for the City of Seal Beach and the Redevelopment Agency for fiscal year ended June, 1997. O. P. Approved the lease/purchase agreement with The Associates Commercial Corporation to finance the Barber Surf Rake Model 600 HD and authorized staff to execute the lease/ purchase documents on behalf of the City, pending approval by the City Attorney. I Adopted Resolution Number 4599 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING COMPENSATION PLAN FOR CERTAIN NON-REPRESENTED EMPLOYEES AND REPEALING ON THE EFFECTIVE DATE SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 4599 was waived. Q. Adopted Resolution Number 4600 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A "COUNCIL PERMIT" TO RELOCATE THE BOTTOM HOLE LOCATIONS OF WELL NUMBERS 21 AND 25 OF THE ALAMITOS LEASE (BREITBURN)." By unanimous consent, full reading of Resolution Number 4600 was waived. R. Denied the claim of Judith Frazier for vehicle damages, and referred same to the City's liability attorney and adjuster. S. Denied the claim of Marie Claire Pye for personal damages, and referred same to the City's liability attorney and adjuster. I T. Denied the claim submitted by Bob and Helen Majcherek on behalf of James Paul Majcherek, and referred same to the City's liability attorney and adjuster. U. I 1-12-98 Approved the agreement between the City of Seal Beach and the Orange County Transportation Authority to provide transportation services to the North Seal Beach Community Center for the purpose of community meals and related activities for the term of one year commencing July 1, 1997 through June 30, 1998. V. Adopted Resolution Number 4601 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INCREASING COMPENSATION FOR THE CITY MANAGER, AND APPROVING AN AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER." By unanimous consent, full reading of Resolution Number 4601 was waived. W. I Y. AYES: NOES: Approved a contract for professional engineering services with Moffat & Nichol for the preparation of an application for the State Hazard Mitigation Grant Program in conjunction with a potential groin repair project, contract cost not to exceed $5,000, authorized a budget amendment in said amount, and authorized the City Manager to execute said contract on behalf of the City. Authorized the City Manager to execute an independent contractor agreement for a cable television Public, Educational, and Governmental Programming Coordinator at an estimated cost of $36,000 per year. Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F" - STATUS REPORT - SEAL BEACH NAVAL WEAPONS STATION - INSTALLATION RESTORATION PROGRAM - ALL SITES Councilmember Forsythe noted that some remediation efforts will be forthcoming where certain hazardous materials have been evidenced on the Weapons Station from many years past, and suggested that a letter be forwarded with regard to the sites in nearest proximity of McGaugh School requesting that they possibly be done during the summer recess. Hastings moved, second by Brown, to receive and file the staff report, and instructed that it be forwarded to the Planning Commission, and directed that a letter be forwarded as requested. I AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEM "X" - ORDINANCE NUMBER 1419 - DECK STRUCTURES - REAR YARD SETBACKS - RESIDENTIAL LOW DENSITY ZONE Mr. Reg C1ewley, Catalina Avenue, expressed his opinion that the Ordinance proposed misrepresents the facts. He read Section 2 of the ordinance, made reference to a 1990 staff report relating to Variance 5-90, findings of special 1-12-98 circumstances, specifically properties that border the Hellman Ranch and Gum Grove Park, which he described as lots being similarly shaped, single family residences, and some with patios that extend over the rear slope, some decks built according to plans approved by the Building Department. He claimed there is no special circumstance different in the case of V-5-90 from other properties that would warrant the granting of a variance, according to Planning Commission minutes that deck the only one in the area that goes to the property line and infringes into the rear setback, all others set back ten feet, other encroachments have been found to be fences, walls, trees, not structures. Mr. Clewley stated the Ordinance proposed needs to be sent back and be revised. Ms. Sue Corbin, Seal Beach, said existing law should be enforced, some Code enforcement should be done, not allow special consideration for some people. At the request of Council, the Director of Development Services explained that the proposed Ordinance pertains to deck structures, not fences or separations between properties, the ordinance as proposed would require properties that back up to either Gum Grove Park or the Hellman land that have a deck that encroaches within the rear ten feet of the property and built without a permit to come to the City within one year for Planning Commission review and approval of the plans for the structure, and if additional conditions are necessary to ensure its safety, fire worthiness, etc., they would be applied at that time, this procedure would allow persons to keep a structure that has been built previously, without approvals or inspections, in turn the ordinance will also allow persons who wish to construct a new deck structure to the rear of their property to do so through the Conditional Use Permit process. The Director clarified that at the present time decks are not allowed to be built within the rear ten feet of the property, the ordinance proposed would allow them subject to approval by the Planning Commission, the Conditional Use Permit process for new decks and the Minor Plan Review process for existing, non-approved decks. The Mayor noted that this will ensure that decks previously built will be inspected for public safety factors. To a situation where the property owner does not come forward for after-the-fact approvals it was explained that that then becomes a Code enforcement issue, to the point of requiring a CUP for a new deck it was clarified that then allows the City the option to approve with conditions. A concern was expressed with allowing future decks to be constructed into the ten foot setback. Mr. Clewley spoke again, stated the ordinance will impact Gum Grove Park and the Hellman Plan, once a deck is built the City will have no means of ensuring that further structures will not be built underneath, another living quarter as an example, such structure may not be known for years until the property is sold, enforcement will be a problem too, with passage of this ordinance the Building Code will not be able to be enforced. He made reference to such a deck on Crestview, the subject of Variance 96-1. I I Forsythe moved, second by Hastings, to approve the second reading of Ordinance Number 1419 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 28-401 OF THE CODE OF THE CITY OF SEAL BEACH TO CONDITIONALLY ALLOW DECK STRUCTURES IN REAR-YARD SETBACKS IN PROPERTIES IN THE RESIDENTIAL LOW DENSITY ZONE, DISTRICT V, WHICH ABUT THE HELLMAN RANCH OR GUM GROVE PARK." By unanimous consent, full reading of Ordinance Number 1419 was waived. I 1-12-98 AYES: NOES: ABSTAIN: Forsythe Brown, Campbell, Fulton Hastings Motion failed I A comment of Councilman Brown was that there is a ten foot setback and in his opinion it should be enforced. To a question as to how many homes this ordinance would affect, the Director estimated five or six throughout the north side of Crestview however each property would need to be inspected to determine the exact number, and confirmed that current Code allows a deck to be constructed up to the ten foot setback. The Mayor offered her opinion that the City has recourse if anything were to be built under a deck. In response to comments made, the Director of Development Services explained that the ordinance proposed has no effect on the Building COde, rather, a Zoning Code change that provides development standards, the Building Code specifies how a structure is to be built, the change, as proposed, would allow the City to continue to enforce current Code for construction without a valid permit, when the City becomes aware, as in the case of the Crestview deck that initiated this issue, a stop work notice was issued, the owners were given the opportunity to either move the structure back to the permitted setback distance or apply for a variance to allow the structure to remain, the property owner applied for the variance, the Planning Commission denied same, it was appealed to the City Council, the Council denied the variance, instructed staff to not enforce the Code provisions and that an amendment be prepared to allow decks in that area in some configuration, that has been referred back and considered by the Commission, came back to the Council, the ordinance as proposed a culmination of that long process. Construction without permits is an issue dealt with by the City on a daily basis. There was recollection that the referenced Crestview deck was completed over a weekend and after a stop work order had been issued, that deck has also impacted other properties where a deck has existed for thirty to thirty-five years, has become a part of the home with landscaping, etc., the issue now is how they are to be treated. Without the amendment in place, the Director explained that for decks constructed since the time the ten foot setback requirement was adopted the City would be in the position of having to enforce the existing ordinance, those built prior to would not be impacted. I I It was suggested that this be referred back to staff to research further the effective date of the ordinance imposing the ten foot setback, a more accurate number of existing decks that fall within the proposed ordinance category, etc. It was mentioned that the concern is with those decks constructed without permits, specifically for safety reasons. To a question of Ms. Seretta Fielding, Seal Beach Boulevard, the response was that the useable space of most lots is five thousand square feet, some lots may range from one hundred ten to one hundred forty-five feet in depth, the front setback is eighteen feet with a minimum ten foot setback at the rear. Ms. Fielding questioned the purpose of the ten foot setback, applied a monetary value to the non-use of that land, and questioned if the setbacks are not being used for a specific purpose possibly use by the property owner should be given consideration. To that, comment was that certain property owners did not abide by setback provisions that existed at the time of construction, the concern is with amending the provisions for the benefit of just a few, reference was also made to a past amendment in order to 1-12-98 accommodate gazebos that encroached into the setback areas of College Park East. The Director reiterated the direction of the Council to conduct further research for information purposes. RESOLUTION NUMBER 4602 - AMENDING CLASSIFICATION PLAN - TEMPORARY CIVILIAN POLICE RECRUIT POSITION / SALARY RANGE Resolution Number 4602 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE CLASSIFICATION PLAN TO INCLUDE THE TEMPORARY POSITION OF CIVILIAN POLICE RECRUIT AND SETTING A MONTHLY SALARY." By unanimous consent, full reading of Resolution Number 4602 was waived. The City Manager stated that this action would allow the City to hire an individual that is nearing completion of police academy training, thus expanding the candidate field available to the City, a competitive process with other agencies, and at a lower pay rate than an entry level officer. Councilmember Fulton spoke favorably of the concept however his preference would be to place a cap on the number of such hires. The Chief confirmed that under the present system the City would need to employ the individual as a police officer and at the police officer pay rate, under the system proposed a recruit could be hired to fill a vacancy at a considerably reduced cost while the person is completing the academy, also, explained that there is no authority to hire more personnel than the number authorized. The Mayor agreed with Councilman Fulton that the number of recruits should be clearly stated, however it was explained that the staff report states that a position would be filled when an opening is available, with which the Council concurred. Fulton moved, second by Brown, to adopt ~esolution Number 4602 as presented and clarified. I I AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ORDINANCE NUMBER 1428 - REGULATIONS - MASSAGE ESTABLISHMENTS / PRACTITIONERS Ordinance Number 1428 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO REGULATIONS FOR MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS WITHIN THE CITY." By unanimous consent, full reading of Ordinance Number 1428 was waived. The City Attorney reviewed briefly the background of the massage ordinance, recalled the closure of an acupuncture business, the appeal of that action, and direction from the Council at that time to review the provisions of the ordinance, taking into consideration also certain objections raised by the attorney for the appellant, in addition, as a result of an appeal of a massage practitioner having eighteen years of work experience yet did not meet Code required educational hours by twenty-six, the Council directed that that issue be reviewed as well. The City Attorney noted changes to the Code with regard to educational requirements, a change to coincide with the American Massage Therapy Association minimum education requirement of six hundred hours rather than five hundred, for those having three years of work experience an increase from two hundred fifty to three hundred hours, and for practitioners with fifteen years or more work experience, two hundred rather than two hundred fifty hours of study. Another change, in the case of an appeal the City Manager rather than Pol~ce Chief will be the hearing officer or the Manager may appoint a hearing officer/referee/judge, this is I 1-12-98 I consistent with the trend in most cities. The Mayor expressed concern with an apparent conflict between the two hundred hour requirement for massage technicians and the recommendation of the Police Chief that the prior practitioner appellant be required to obtain additional training. The City Attorney explained that as drafted the ordinance would not require that appellant to obtain additional schooling however it was the recommendation of the Chief given the increase of educational hours from five hundred to six hundred that the appellant be required to obtain additional schooling, the ordinance as drafted is inconsistent with the recommendation of the Chief. The Chief clarified that his recommendation was based upon the two hundred fifty hour requirement at the time application was made for a massage therapist license, which is the current Code provision. I Considerable discussion followed with regard to the two hundred fifty versus two hundred hours of educational study requirement as it relates to persons having fifteen years or more of work experience, and the impact on the individual, now working under a temporary permit, who was the prior appellant of the educational requirement. A motion was offered by the Mayor, seconded by Councilman Brown, to establish the hours at two hundred fifty. The City Attorney made reference to Sections 13 and 14 of the draft ordinance which reflects the proposed two hundred hour requirement, upon approval of the motion those Sections would be revised to reflect two hundred fifty hours. The Attorney recalled also that at the time of hearing the appellant had indicated it would be most difficult to acquire the additional twenty- six education hours. For clarification purposes the hours were again explained, an increase to six hundred educational hours initially, after three years of work experience reduced to three hundred, then reduced to two hundred fifty rather than two hundred after twelve additional years of experience, the significance of that minor reduction is questionable, to which it was suggested that the objectives of the Council may be met by consideration of the draft ordinance prepared by the City Attorney, reflecting two hundred hours after fifteen years of work experience, and should that not accomplish the intent the requirement could again be reconsidered. The motion to approve the introduction and first reading of Ordinance Number 1428 was amended by the maker and second to reflect the provision for two hundred hours of eduction after fifteen years of work experience and adopted Ordinance Number 1428 as amended. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I CITY MANAGER REPORTS As to the status of the Main Street Improvement Project, the City Manager reported that the Pilot Project for renovation of the pier restrooms, the off-Main Street parking lot, mid- block crossings, and entry treatments is nearing completion, the plans are expected to be finalized within a few weeks, in conjunction with that Project the intent is to meet with Main Street businesses and property owners relating to the parking loes at Electric and the one hundred block of Main Street, which are currently occupied primarily by their employees, as to alternatives for customer parking for those lots, some revenues then generated by meters in those lots as well. The current practice of selling parking stickers for Main Street 1-12-98 business employee use of the 8th and Main Street lots was questioned, the response being that it may be of interest to the businesses to maintain those lots for customer parking instead and possibly provide beach lot parking for the employees. With regard to improvements to the Marina Drive bridge, the Director of Public works reported the City has been successful in securing funds from the State through the Highway Replacement/Rehabilitation program for an amount up to $2 million, the City's shared cost with the City of Long Beach would be approximately ten percent of the project, a maximum of about $200,000 yet preliminary estimates are in the range of $1 million with $100,000 matching monies, the selection of an engineering consultant to perform design work is forthcoming at which time a determination will be made as to whether portions of the bridge can be retained or if the project will be total replacement. The Manager added that this project along with others will be addressed in the upcoming budget Five Year Capital Improvement Program. I ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Dr. Rosenman, 8th Street, suggested that the lighting of the patio area outside Council Chambers is in need of being replaced on an ongoing basis. Mr. Sokoloff, Seal Beach, spoke of the lack of ADA compliance for access to the Marina Drive bridge on both ends, this needs to be resolved between the agency that controls the access road along the River and the City of Seal Beach. There being no further comments, Mayor Hastings declared Oral Communications closed. COUNCIL CONCERNS Councilman Fulton noted that most meeting were canceled during the holiday season, however he did participate in the adoption of the West Orange County Water Board budget in which a $200,000 reserve has been established for emergency repairs to the water line into Seal Beach if that should ever become necessary. Councilmember Campbell noted a recent interview of a Council candidate in a local paper in which there were comments as to the purview of the Council, specifically with regard to denial of the Bixby development, that nothing has been about that, which she said is not true, and explained that a series of meetings were held over a period of six months in an attempt to resolve the Bixby issues, to develop a compromise plan which the developer rejected, there was also a forum held in this Chamber relating to the Bixby issue, the group favoring the mixed use plan were disappointed that the Council took no action. She pointed out that the Council could not take an action, neither the City Council, a citizen or citizen group can place a development proposal before the City, only the land owner or developer can do that, stated she had previously been asked to place the Bixby development on the agenda, advised those persons she could not do so, rather, it is Bixby that must submit the proposal, she was then told that Bixby would not bring the mixed use plan forward because there was no assurance it would pass. Councilman Brown reported receiving a letter confirming that the engineering phase of the Leisure World sound wall has been completed, it will be going to bid, the funding is in place, construction is anticipated to commence sometime in the summer with a possible completion in early 1999. Mayor Hastings extended congratulations to the Police Officers Association Board of Directors, Officer Mullins re-elected President, Officer Miller to be First Vice President, Officer Scott, Second Vice President, Officer Tittle, Treasurer, and Officer Gordon, I I 1-12-98 I Secretary. With regard to the Senior Volunteer program, Mayor Hastings reported December statistics for vehicle trips, foot patrols, car patrols, business contacts, contacts with public, those relate to skateboards, bicycles, etc., skateboard warnings, illegal turns, vacation home checks, the total volunteer hours for December were one thousand sixty- nine, volunteer hours during 1997 were twenty-three thousand one hundred seventy-six, total volunteer hours to the City during 1996 and 1997 were thirty-six thousand four hundred fifty-eight. Mayor Hastings offered commendation to all of the Senior Volunteers and invited other interested persons to join the program. The Mayor recognized the Bank of America for a grant, submitted by Volunteer Kathy Chauncey, of $2,500 to the Seal Beach Community Safety Foundation, the monies to be used for various items of need for the Volunteer Program. With regard to the Hellman project Councilmember Forsythe reported it was recently learned that the Coastal Commission staff would be recommending denial of the project, since then there has been an attempt to determine what the difficulty is with the plan at the State level, typically when there is wetland restoration the Commission asks for a two to one mitigation, in this instance because of the size of the parcel there are twenty-three acres of severely degraded wetlands, the plan proposes twenty-three acres of restored salt water wetlands along with the fresh water component for the golf course, however Coastal Commission does not feel this is sufficient therefore are now asking to take some of the golf course and turn that area into salt water wetlands, unfortunately that compromises the golf course, and if this is demanded from the property owner there will no longer be a project. She reported traveling to Eureka recently to speak with two Coastal Commissioners in an effort to determine their concerns, unfortunately the only comments they are receiving at this point are from the few that are opposed to the project, thus the perception is that the City is opposed to it, however she advised them that this project has received the support of the community, and in speaking to three Commissioners more recently in San Diego they had the same impression. Councilmember Forsythe stated if it is the desire that this development go forward with its eighty percent open space, restored wetlands, etc., it is imperative that the Coastal Commission be advised of the support. She noted that originally this was to be heard in San Diego the first week of February, the Commission has postponed the item, it will now likely be heard in April, possibly in the Long Beach area, and encouraged members of the community to contact her. I I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, January 26th at 6:30 p.m. to meet in Closed Session if deemed necessary. Mayor Hastings announced that she would be absent from that meeting, Mayor ProTem Brown would assume the conduct of that meeting. By unanimous consent, the meeting was adjourned at 8:55 p.m. clerk 1-12-98 I 1-26-98 Attest: I Approved: Seal Beach, California January 26, 1998 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor ProTem Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Brown Councilmembers Campbell, Forsythe, Fulton Absent: Mayor Hastings Brown moved, second by Campbell, to excuse the absence of Mayor Hastings from this meeting. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA Fulton moved, second by Campbell, to approve the order of the agenda as presented. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session pursuant to Government Code Section 54957.6 for a conference with the City's labor negotiator, Mr. Avery, with regard to the Orange County Employees Association and the Police Officers Association. The Council adjourned to Closed Session at 6:32 p.m. and reconvened at 7:01 p.m. with Mayor ProTem Brown calling the meeting to order. The City Attorney reported the Council had taken no action. Forsythe moved, second by Fulton, to adjourn the meeting at 7:02 p.m. I AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried