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HomeMy WebLinkAboutCC Min 1998-03-09 3-9-98 Seal Beach, California March 9, 1998 I 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 Also present: Mr. Barrow, City Attorney Mrs. Yeo, City Clerk The City Manager joined the Council in Closed Session. APPROVAL OF AGENDA Brown moved, second by Fulton, to approve the order of the agenda as presented. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I CLOSED SESSION Mayor Hastings read the items listed on the agenda as topics of Closed Session discussion, a conference with legal counsel pursuant to Government Code Section 54957 relating to public employee discipline, and a conference with legal counsel pursuant to Government Code Section 54956.9(b) with regard to anticipated litigation. The Council adjourned to Closed Session at 6:31 p.m. and reconvened at 7:04 p.m. with Mayor Hastings calling the meeting to order. The City Attorney reported that the Council met in Closed Session to discuss the items identified on the agenda, the Council received a report with regard to the first item, and gave direction with regard to the second item, no other action was taken. ORAL COMMUNICATIONS There were no Oral Communications. ADJOURNMENT By unanimous consent, the meeting was adjourned at 7:05 p.m. Attest: I Approved: 3-9-98 Seal Beach, California March 9, 1998 The City Council of the City of Seal Beach met in regular session at 7:05 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 I Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/ City Engineer Mrs. Yeo, City Clerk APPROVAL OF AGENDA Councilmember Forsythe requested Items "F" and "J" removed from the Consent Calendar for separate consideration. Fulton moved, second by Forsythe, to approve the order of the agenda as revised. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I SAVE OUR POOL / FOUNDERS DAY Ms. Carla Watson, Seal Beach, reported that monies raised through Founders Day was $9,000, some of that is being kept back to start the next years festivities, and announced the donation from that of $7,500 to the City for the Save Our Pool Fund, that Fund at $18,000 thus far with pledges of $11,000. A Member of the Pool Committee offered that there are fish bowl receptacles around the City to accept small donations to the Pool Fund, and other fund raising events are to be announced such as the family movie night. Ms. Mary Johnson noted the upcoming 10K Run on April 18th, displayed the new Recreation brochure, the front cover of which was designed by local artist Karen Mikkelsen, a limited edition of posters with the design will be sold and the framed original will be raffled at the Run, the proceeds from the Run will go to the charity groups that assis~ with the Run, the Ed Foundation, the group that supports computers for the Los Alamitos High School, and remaining monies will go to the Save Our Pool Fund. Ms. Schelly Sustarsic read the names of generous donators to the Pool Fund thus far. Ms. Watson noted also that Ms. Cecelia Aaron is.selling sweatshirts to benefit the Pool Fund. I ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Roger West, Electric Avenue, expressed gratitude to City personnel and County Fire for their efforts to avert flooding in his neighborhood, although El Nino is not over, an excellent effort thus far. Mr. West objected however to the use of what he termed to be a salaried director of tourism at tax payers expense, said this is not a tourism city and as a resident he wished to object, putting tourism under the 3-9-98 I purview of parks and recreation is simply a means of hiding costs, there is already too much effort to bring undesirable congestion and people to this town. He said this is promoted by the Main Street merchants claiming that it will bring more revenue to them, yet the tax burden is at the expense of the residents, and it should be understood that the Main Street merchants contribute less than one and a half percent of the tax revenue to Seal Beach, considering the services they realize from the City, they are already over-subsidized, and they will become an even bigger burden if this continues. Mr. West again emphasized that this community does not need a tourist bureau, nor a salaried director, rather, less salaries, less taxes, more paved alleys and money for swimming pools, etc. Councilman Brown stated he would like to respectfully disagree with the speaker in some areas, people who come to Seal Beach see a City that is unique, it is important to give some support to the downtown area to have a viable visitor friendly atmosphere, and it is likely people would not come to Seal Beach if there were nothing but houses along Main Street. Dr. Paul Yost, Seal Beach, reminded of the request for letters of support for the Hellman project, and presented a number of letters and several hundred signatures in support to Councilmember Forsythe, also extended gratitude to Councilmember Forsythe for her untiring efforts devoted to the Hellman project over the past eight years. Ms. Dorothy Whyte, College Park East, said she likes Main Street too, there would not be much of Seal Beach without it and the pier. She mentioned that this past week Comcast and the Rossmoor Homeowners Association produced an informative forum on the Bixby project, it would have been nice if the City or an organization within Seal Beach could have done such a project, it is understood it will be rebroadcast, and it is hoped there will be no effort to stop that or future broadcasts. Ms. Whyte asked when the Bixby Draft EIR will be available. The Manager reported it is moving forward, likely available within the next several weeks. Ms. Whyte said she understood the City is providing some options to the proposed church, possibly a private elementary school, the performing arts school, possible low to moderate income housing, that of interest in that there is no housing being built on the Bixby property, and asked if this would satisfy the low and moderate housing requirement for Hellman and the remainder of the City, is North Seal Beach, College Park East, the golf course, the view, etc. going to get all of the commercial and the low cost housing. The City Manager said the emphasis of the Bixby EIR is to get it right the first time so that there is no need to cure later, in an EIR the consultant needs to explore all of the potential environmental impacts associated with a proposed project, in addition, under CEQA the consultant needs to consider project alternatives, define what project alternatives might be, including no project, address the impacts, and do comparisons, one of the alternatives explored in the past and is being explored to a secondary degree is an affordable housing component as identified in the General Plan. Ms. Whyte posed the question again as to North Seal Beach getting all of the commercial and all of the low and moderate housing for the rest of the City. Recalling that people were upset with the low cost housing in the mixed use plan, Ms. Whyte said in fairness during the notice of preparation the people were not told that alternative would be considered, it is now understood that there are nine variations-being examined, again this is a politicalization of the Bixby project and the residents of College Park East are not being informed, people have not been given I I 3-9-98 information to make a reasonable decision in the upcoming election, College Park East residents should also understand that should any of the projects be turned down the area is still faced with the possibility of a senior residence and something else at the current tennis club, the gateway to College Park East, this is being told to no one. The Mayor said she would defer the comments to the Manager, however people need to understand that with an EIR all avenues must be explored, people need to wait until it is complete to see what it actually encompasses, also, she knows of no one who favors censorship and would be most displeased if anyone attempted to do so with the Comcast production. The Manager offered that consistent with the General Plan and the State mandates upon the City for affordable housing his belief is that the ultimate answer for Seal Beach is going to be revisiting the criteria of the State legislature for low and moderate income housing, it is believed the City has already met that criteria and takes exception to the State interpretation. The response was reiterated by Councilman Brown, however Ms. Whyte said to place low to moderate housing as an alternative in the Bixby Draft EIR alludes that in the future there may be need for that housing to satisfy requirements for the Bixby property, Hellman Ranch, and elsewhere throughout the City. The Mayor explained that it was not the City that posed that alternative, the consultant is required to explore any and all alternatives for that property. To question of her comment deeming the Bixby plan as being all commercial, Ms. whyte made reference to the Bixby MOU and the map that allegedly showed the locations for the various development. Mr. Dennis Sandler, College Park East, said from his readings he believes there is a misconception of the Bixby MOU, as he heard explained by the Council and staff is that the MOU was to stop Bixby from destroying the tennis courts, it is giving Bixby nothing nor lets them do as they please, however inquired if discussion of zone changes are allowed in closed session without the public being advised of such discussion, and asked if zoning changes were discussed and given to the developer through the MOU. The City Attorney responded in the negative, there was no action taken in closed session with respect to zoning of any property. Mr. Sandler said a video tape shows someone stating that zoning was discussed. He said there are rumors and discussion of some nine different plans on going, the latest is that as of August 1st the Old Ranch Country Club is closing for renovation, unknown whether that is true or a rumor, however the employees have received such notice. Mr. Sandler mentioned construction in College Park East, tearing up of streets, sidewalks, grass, the residents are uncertain as to what is taking place, Comcast was asked if it was theirs, the answer was no, that it was the telephone company making provisions for cellular phones, and asked why the residents are not informed when such things are taking place. Councilmember Campbell responded that she is not allowed to distribute her newsletter during this period of the political process, otherwise it would be at her personal expense, and suggested that residents inquire through City Hall. A member of the audience identified herself as a tourist, said while sitting in an establishment on Main Street she heard people at this meeting talking about the inappropriateness of spending tax dollars on an individual to promote the City, stated she is here because someone spent monies to tell about this City, in the past three days has probably spent two to three hundred dollars per day, people she has met have said what a wonderful City it is, she is from Phoenix, thinking about relocating here, it is a nice City, and whatever has I I I 3-9-98 been done should continue. There being no further comments, Mayor Hastings declared Oral Communications closed. I COUNCIL ITEMS Councilmember Campbell noted that when College Park East was built it was not under flight paths or high noise contour areas, in 1973 a map from the Environmental Impact Statement from the AFRC identified the noise contours outside of the College Park East area and over the Bixby property now under consideration for development, in the 1975 Airport Land Use Commission AELUP study there were no contours over College Park East but over the Bixby property, a third map came from the AICUZ study in 1994 which shows noise contours over the western portion of College Park East, down the property line to the Bixby property. She pointed out that people from South County say this must be disclosed on housing sales documents, which is felt should have been in this area since 1994. Councilmember Campbell said the attempt is to have the noise contours removed from College park East, they do affect property values, the City has written a letter to the National Guard, a response is awaited, and requested a status report. The Manager responded that a letter had been written, they are doing further study and confirmed that a response is awaited. Members of the Council indicated belief that a response had been received indicating that they were satisfied with what had been done and were not intending to change it. Councilmember Campbell said pending receipt of further information she would surmise it would then be the AICUZ study that would be used as a guide for future development, her concern is specific to the noise contour issue, her understanding also that the departures from AFRC have been shortened, taking off over College Park East, it is wrong to place flights over residentially developed land, and if there is any development on the Bixby property the noise contours will never be lifted from over the homes, which is of prime concern. I CONSENT CALENDAR - ITEMS "c" thru "K" Forsythe moved, second by Brown, to approve the recommended action for items on the agenda as presented, except Items "F" and "J", removed for separate consideration. C. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. D. Approved regular demands numbered 18646 through 18810 in the amount of $526,377.36, payroll demands numbered 25847 through 26000 in the amount of $237,898.87, and authorized warrants to be drawn on the Treasury for same. I E. Bids were received until February 26, 1998 at 11:00 a.m. for Project Number 16-49880-070, Marina Park Tennis Court Resurfacing, at which time they were publicly opened by the City Clerk as follows: Taylor Tennis Courts Zaino Tennis Courts $ 7,900 11,000 3-9-98 Awarded the bid for the resurfacing of Marina Park Tennis Courts to Taylor Tennis Courts in the amount of $7,900, project Number 16-49880-070, and authorized the City Manager to execute the contract on behalf of the City. G. Received and filed the staff report relating to the Seal Beach Naval Weapons Station Installation Restoration Program, a status report regarding All Installation Restoration Sites, and instructed staff to forward the report to the Planning Commission, Environmental Quality Control Board, and Archaeological Advisory Committee for information purposes. I H. Received and filed the staff report relating to the Regional Transportation Plans, Southern California Association of Governments and Orange county Transportation Authority, authorized the Director of Development Services to sign the proposed comment letter, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. I. Received and filed the Monthly Investment Report for the period ending January 31, 1998. K. Adopted Resolution Number 4610 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING THE LEISURE WORLD WATER WELL REPAIR PROJECT TO BE OF URGENT NECESSITY FOR THE PRESERVATION OF A SAFE AND RELIABLE DRINKING WATER SUPPLY AND ELIMINATING ADVERTISEMENT FOR BIDS." By unanimous consent, full reading of Resolution Number 4610 was waived. I AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEMS "F" and "J" - NAVAL WEAPONS STATION - REMOVAL ACTION PLAN - RESTORATION SITES 8 and 19 - BATTERY SHOP DRAINAGE/DISPOSAL PIT Councilmember Forsythe noted that both items relate to removal action of hazardous waste on the Naval Weapons Station, and although the proposed draft comment letters are well done, requested that certain revisions and/or language be added to both letters, which she read in full, primarily dealing with the transport of contaminated soils due to weather conditions and an expeditious completion of the project taking into consideration the period of time in which the elementary school may be vacant. The Mayor corrected one reference, Santana winds rather than Santa Ana winds. Forsythe moved, second by Fulton, to receive and file the staff report, authorized the Mayor to sign both response letters as amended, and instructed staff to forward the report to the Environmental Quality Control Board and the Archaeological Advisory Committee for information purposes. I AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried 3-9-98 PROPOSED CODE AMENDMENTS - ZONING - LIVE ENTERTAINMENT Brown moved, second by Forsythe, to receive and file the staff report relating to proposed Code amendments to establish development standards for establishments providing live entertainment, and referred this matter to the Planning Commission to initiate the required public hearing process. I AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried CITY MANAGER REPORTS The City Manager reported that the City has withstood the first application phase for studies that would qualify the City for grant funding of infrastructure, streets, sewers and storm drains, as well as more permanent solutions to the sand and beach erosion problems on the east beach and at Surfside, the first level of approval was at the Water Commission for $800,000, the next step will be to submit at the federal level by March 31st. I ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Stan Anderson, Balboa Drive, City Council candidate, said he was aware that some have been concerned that there could be parking on the greenbelt, to which he stated the greenbelt is a dedicated park use therefore there will never be parking thereon, and thanked the Mayor and Council for making that area open space in perpetuity. Mr. Anderson stated he has heard that there have been threats on Council candidates, offered that this is a wonderful community, there is no room for negativism, the community puts forth many efforts, the Save Our Pool just one, noted the visitor who addressed the Council this evening stating that tourism is important, to which he offered that Seal Beach is gifted in that it is a safe, solid community, it would be terrible if no one came, acknowledging too that it is likewise important to address resident concerns, to keep financially sound, and to address the infrastructure needs. Mr. Brian Kyle, Seal Beach, made reference to the recent presentation of a petition regarding 10th Street and standing water, a problem that needs to be addressed, however offered his belief that the problem has been created by CalTrans in that they have built up the level of Pacific Coast Highway over the years to where the water drains to the side, the drain is on the north side from 10th Street, suggesting that contact should be made before their upcoming paving of the highway with regard to the 10th Street problem. The Director of Public Works reported the project on Pacific Coast Highway will be an overlay, coming up soon, and CalTrans has made it clear it is their intention to only take care of minor repairs to the drainage system, they are not intending to reinvestigate the drainage in that section of roadway, however staff will work with them with regard to options as part of the storm drain master plan for a permanent solution, in the interim the street is being pumped when it reaches a certain level. Dr. Paul Yost, City Council candidate, made mention of the availability of the Seal Beach web site, a couple of months ago there were messages from some of the bicycle groups, to which he made specific reference to Mr. Frank Montez of the Cardiac Cycle Club whose message recommended that all of the bike clubs boycott Seal Beach because of the condition of the bike path, to that he had responded requesting that they not do that to the local businesses, that they as bicycle customers are valued, also suggested that they work with the City and become involved in the process, in the long run the clubs may be able to I 3-9-98 incorporate improvements to the bike paths that they would like to see. To a question of a member of the audience as to consideration of the Bixby EIR at an upcoming meeting, the Director of Development Services, reiterated the response of the City Manager in that the document will be made available as soon as it is completed, formal notice of its availability will be placed in the Sun and News Enterprise newspapers, I that will also notice the first public comment hearing before the Environmental Quality Control Board and the forty-five day public review period, that same notice will be on the City's web page, the internet, and press releases will be provided other news sources in the area. Ms. Annette Padelle, College Park East, spoke regarding aircraft noise over College Park East, a concern since at least November, stated she had spoken with Long Beach Airport inquiring if there has been any flight departure pattern changes as she has documented aircraft over her home every three to five minutes, she has received no answers, inquired if a petition should be started, or what her recourse should be. She clarified that these are mostly private planes, today commencing at a few minutes after 6:00 a.m., commercial planes fly up to 11:00 p.m., low flying. Mayor Hastings advised that a letter had been forwarded to the Mayor of Long Beach with regard to aircraft flights from the Long Beach Airport, the response was that nothing had been changed. Councilmember Forsythe noted that a couple of years ago one of the airlines was cutting across Seal Beach thus reducing their flight time, the City adopted a resolution that was forwarded to management of that airline, they soon after left Long Beach, and suggested the current increase may be due to I the Federal Express flights. Ms. Padelle said it is understood the flights can be as low as twelve to fifteen hundred feet, low enough to cause a noise problem, their directions are various, this something new within the past three to four months. Councilmember Forsythe suggested that when a flight goes over the home a call can be made to the tower at the Long Beach Airport to identify the airline, the City can then respond also, however to continue to call the tower and complain does no good, it is necessary to go directly to the airline. Mr. Harris, a visitor from phoenix, said he too had listened to the comments earlier in the meeting with regard to tourists, offered that revenues in Phoenix are based upon tourists, stated this town is wonderful and the City should not get rid of tourists. Ms. Audrey Kime, College Park East, said she just arrived home from being a tourist, most every city likes tourists, and made specific reference to Fredricksburg, Texas, all of seven thousand people, one hundred fifty-two years old, with one million tourists per year, they have functions every weekend, the town is not destroyed or overly commercialized, rather, a quaint small German town where the people work at keeping that atmosphere. This City should listen to the tourists that spoke. Ms. Oar Brown, Sun publisher and sixteen year District One resident, said her understanding is that oral I communications are meant to pertain to the City Council and things that affect the City, and under the jurisdiction of the Council the practices of a business and how it operates is not under their purview unless it pertains to a City license and the like, to that she said the person in charge of a meeting should not allow any citizen to take out a personal grudge or slander a business through oral communication, it is an improper forum, it has no place in a City Council Chambers, and it should not be allowed. As a resident for sixteen years she emphasized that any resident is allowed to sign a nomination paper and vote for whomever 3-9-98 I they choose, that too is not a matter for the Council, rather the Council should encourage all to vote on March 24th, and listen to oral communications that pertain to the City and fall within the purview of the City Council. Question was raised if it is appropriate to cut off a speaker in Oral Communications, to which the City Attorney expressed caution given First Amendment rights, it is difficult for the Mayor to determine when a person is crossing that line therefore it is most often advisable to allow people to speak, however when they intentionally disrupt a meeting everyone except the Council and press can be asked to leave, yet there are other alternatives such as calling a recess. There being no further comments, Mayor Hastings declared Oral Communications closed. , I COUNCIL CONCERNS Councilmember Forsythe expressed appreciation to Dr. Yost for delivering the Hellman project support letters, also, the Sun for the article that was based upon having met with eight Coastal Commissioners thus far, initially each Commissioner wanted to know if the community is behind the project. She noted that in talking to Commission staff recently it appears that there will be conditions recommended when it is heard in April in Long Beach, it is important that citizens attend that meeting or otherwise indicate their support of the plan. Councilman Fulton urged the residents to support the Girl Scouts and buy cookies. Councilmember Campbell concurred. In reference to the Draft EIR for the Bixby property, she noted an earlier comment that the community has been kept in the dark for years, which she deemed to be far from the truth, the current Bixby proposal has not been out for even a year, the proposal goes to a consultant to prepare an EIR, they look at all alternatives, that is part of the required process. She urged all to vote. Councilmember Brown again announced efforts to start an American Legion Post for Seal Beach and Weapons Station residents, the first meeting scheduled for March 24th at the Base, and requested that the local paper gear the news release in that manner. Mayor Hastings mentioned that the City Manager, City Engineer, and herself are invited to Supervisor Silva's office tomorrow for the presentation of a proclamation to the orange County Fire Authority. She announced also being invited by Boeing to attend their annual/awards dinner at the Beverly Regency Hotel, the president of Boeing and the president of Mitsubishi both honored, a gathering that was much enjoyed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to direct that the regular meeting of March 23rd be canceled and adjourned until Tuesday, March 31st for the canvass of the March 24th election. By unanimous consent, the meeting was adjourned at 8:30 p.m. clerk I Approved: Attest: