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HomeMy WebLinkAboutCC Min 1998-03-31 3-23-98 / 3-31-98 Seal Beach, California March 23, 1998 By direction of the City Council at their meeting of March 9th, 1998, the regular meeting of March 23rd was canceled and adjourned until Tuesday, March 31st, 1998. I clerk Attest: Seal Beach, California March 31, 1998 The City Council of the City of Seal Beach met in regular adjourned session at 7:00 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Hastings Councilmembers Brown, Campbell, Forsythe, Fulton Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA Campbell moved, second by Forsythe, to approve the order of the agenda as presented. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Dr. David Rosenman, Seal Beach, suggested that the Council may wish to request an update regarding the payment. of rent by Ruby's restaurant, also stated that a letter.was distributed recently relating to a conversation between himself and the city Manager as to the coverage of the presentation by the consultant of the Bixby Draft EIR, taping and live broadcast by the Cable Foundation, he has had inquiries as to the status of that issue, thus far there has been no action, possibly the topic should be agendized for the next meeting. Mr. Charles Antos, Seal Beach, spoke regarding the recent I 3-31-98 I election and activities. He noted that the election was held on March 24th, stated that the Thursday evening prior he was appro~ched after his appearance o~ a local television show by Counc~lmember Campbell who asked ~f he would withdraw from the race, throw support to another candidate if that candidate won then he would in turn be appoi~ted to the EQCB, she would support that, the following night said he received a call from that candidate who alluded to that conversation and again asked if he would consider withdrawing from the race, to which Mr. Antos said on neither occasion did he agree. On the Saturday prior he received a call from a supporter who reported a telephone tape message that indicated he had withdrawn and in turn would be appointed to the EQCB, he contacted the Police Department, made a police report, Mr. Antos said he then prepared a flier, distributed on Monday, to inform people he was still a candidate, supposedly just a few calls were made by one individual yet on Saturday evening he reported receiving calls from the Hill and College Park East that seemed to know of withdrawing, also on Sunday. Mr. Antos said minimally this appears to be an attempt for vote trading and in the worst instance what may be considered a bribe, the Charter and Elections Code allows a vote for anyone of a persons choice, if even one vote was taken away from one voter that is fraud. He said he understood that there were other calls made, to what extent is not known, supposedly the police report has been referred to the City Attorney and District Attorney, it is assumed and expected that this matter will be investigated to determine the extent of the calls and impact on the voters, to which he charged that this type of activity is illegal and should be stopped. Mr. Joe Partise, College Park East, said he felt compelled to address what he felt was an injustice or at least unfairness at a recent meeting, his reference to members of the recall petition group that were being investigated with respect to the circulation of that petition, confirmed that he was not a circulator thereof nor has he been asked to be present by any of those individuals, yet his concern was that someone needed to speak on behalf of those persons. He explained that the District Attorney's office refused prosecution of the persons, possibly due to lack of evidence of fraud, and in this country in which we live the constitution provides each person a presumption of innocence, not presumption of guilt, the ability also to face ones accusers face to face, unfortunately the statement that was made was not that the persons were not guilty, rather that there was insufficient evidence to prosecute, from that there appeared to be a presumption of guilt, and it needs to be said to those people that they have not been prosecuted, not found guilty of a crime, and in fact are innocent. With respect to the discourse between Mr. Antos and Councilmember Campbell, under the same presumption of innocence and until such time as the District Attorney's office chooses to pursue the matter, the Councilmember is also entitled her presumption of innocence, however as reported in the newspaper, by her own admission she had a discussion with Mr. Antos as to his qualifications for the Environmental Board, that only five days before the election in which Mr. Antos was a candidate, not the best time for such statements. There being no further comments, Mayor Hastings declared Oral Communications closed. I I CONSENT CALENDAR - ITEMS "A" thru "F" Brown moved, second by FUlton, to approve the recommended action for items on the Consent Calendar as presented. 3-31-98 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 after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. I B. Approved regular demands numbered 18811 through 18959 in the amount of $1,033,372.30, payroll demands numbered 26001 through 26337 in the amount of $506,161.20, and authorized warrants to be drawn on the Treasury for same. C. Adopted Resolution Number 4613 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RECITING THE FACTS OF THE PRIMARY AND SPECIAL MUNICIPAL ELECTIONS HELD IN THE CITY OF SEAL BEACH ON THE 24th DAY OF MARCH, 1998, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS PROVIDED BY LAW." By unanimous consent, full reading of Resolution Number 4613 was waived. D. AYES: NOES: Adopted Ordinance Number 1431 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MAY 12, 1998, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1431 was waived. I E. Adopted Resolution Number 4614 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MAY 12, 1998." By unanimous consent, full reading of Resolution Number 4614 was waived. F. Adopted Resolution Number 4615 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ORDERING THAT THE CANVASS OF THE GENERAL MUNICIPAL ELECTION, TO BE HELD ON TUESDAY, MAY 12, 1998, BE MADE BY THE CITY CLERK." By unanimous consent, full reading of Resolution Number 4615 was waived. I Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried CITY MANAGER REPORTS No report was given. 3-31-98 ORAL COMMUNICATIONS There were no Oral Communications. I COUNCIL CONCERNS Councilmember Campbell expressed appreciation to all who supported her throughout the recall election, for their time, talent, and financial assistance, and all who voted to keep her in office, promising to continue to work hard for their trust and for all people of College Park East. with regard to development issues, she again explained that there is a specific process that is required by law to be followed, and invited all to come forward and participate in the EIR process that is soon to begin for the proposed Bixby project, given the division in College Park East caused by the recall, she said it is time for the healing to begin. Councilmember Forsythe reported that the Coastal Commission now wants more acreage for wetlands than the golf course can allow, and urged those in the community to attend the upcoming hearing in support of the Hellman project, as approved by the City, among other things, the Commission has also recommended an area of about twenty-five feet wide as a pathway for public access from First Street to Seal Beach Boulevard through the Gum Grove Park. She noted once again that if this project is not approved the land owner will sell the property and the City will again be looking at a massive, undesirable project. Councilmember Forsythe announced that the hearing is at the Hyatt Regency, Long Beach, on Tuesday, a bus will depart from Seal Beach Center for those who wish to use it. Councilman Brown announced that a bus will be departing from Leisure World as well. I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items listed on the agenda, two items of existing litigation pursuant to Government Code Section 54956.9(1), Majcherek versus Seal Beach, case number 789093, and Zanone versus Seal Beach, case number 787338, and one item of anticipated litigation pursuant to Government Code Section 54956.9(b). By unanimous consent, the Council adjourned to Closed Session at 7:20 p.m. and reconvened at 8:15 p.m. with Mayor Hastings calling the meeting to order. The City Attorney reported the Council had met in Closed Session to discuss the items identified on the agenda, with regard to case number 789093 the City Attorney was authorized to defend the matter, as to case number 787338 the Council gave authorization to the City Manager, and no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until April 13th at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 8:16 p.m. I Approved: 3-31-98 / 4-13-98 Attest: Seal Beach, California April 13, 1998 I The regular adjourned meeting scheduled for 6:30 p.m. this date was canceled. clerk Seal Beach, California April 13, 1998 The City Council of the city of Seal Beach met in regular session at 7:00 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, Fulton I Absent: Councilmembers Forsythe, Hastings Brown moved, second by Fulton, to excuse the absence from this meeting of Mayor Hastings and Councilmember Forsythe. AYES: NOES: ABSENT: Brown, Campbell, Fulton None Forsythe, Hastings Motion carried Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Ms. Beard, Parks and Recreation Director Mrs. Yeo, City Clerk APPROVAL OF AGENDA Councilmember Campbell asked if the public would have the opportunity to participate in discussion of Council Items. At the conclusion of brief discussion, 'there was general consensus to allow public comments to'agenda item "E" in accordance with the established time limit. Fulton moved, second by Campbell, to approve the order of the agenda as agreed upon. I