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HomeMy WebLinkAboutCC Min 1998-04-27 4-27-98 Seal Beach, California April 27, 1998 I The regular adjourned City Council meeting scheduled for 6:30 p.m. this date was canceled as there was no necessity to meet in Closed Session. () clerk Seal Beach, California April 27, 1998 The City Council of the City of Seal Beach met in regular session at 7:00 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. Badum, Director of Public Works/City Engineer Mrs. Stoddard, Director of Administrative Services Chief Sellers, Police Department Ms. Beard, Director of Recreation and Parks Mrs. Yeo, City Clerk APPROVAL OF AGENDA Mayor Hastings requested that Consent Calendar Items "F" and "p" be removed for separate consideration. Forsythe moved, second by Fulton, to approve the order of the agenda as revised. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Marty Mahrer expressed appreciation to the Director of Public Works as the street he mentioned previously has been repaired. Mr. Mahrer made reference to monies due the Cable Foundation, his understanding is that the cable contract required the first and last months annual payments up front, to that he asked the whereabouts of the money, is it in an account, if so is it gaining interest, who realizes the interest, also, questioned the approximate $70,000 for 1997/98, and the consultant reimbursement monies as well. The Manager responded that the money has been received and is deposited 4-27-98 in the Foundation account for PEG programming, all monies due have been received. Mr. Mahrer acknowledged the request for a balanced budget for the Foundation, information from 1997/98 was provided, to which he asked if there is more information than that needed. The Manager said he received a preliminary budget, has been communicating with the Foundation through the Chairman, is awaiting a finalized I version, once received it will be discussed with the Board, then presented to Council. He confirmed that the Foundation monies on hand are in the Local Agency Investment Fund. Mr. Mahrer cited again the request for a balanced budget, that usually means monies coming in, going out, and capital expenditures, to which he asked how that is expected to be achieved if the amounts are not known. A suggestion of the Council was that this is something that should be discussed with the Foundation, it is anticipated that the Manager will arrange a meeting within the next month, to that the Manager noted that meetings have been held with the Board members and the PEG coordinator, the intent is to develop a working budget, and offered the services of the City's finance staff. It was suggested that this matter will likely need to be continued until maybe sometime in June, and should be discussed in another venue. Ms. Jane Vineyard, College Park East, Past President of the CPE Neighborhood Association, said she wished to make the City aware of a misunderstanding regarding the Draft Bixby EIR, specifically the Summary of Comments Received, which states the College Park East Neighborhood Association submitted a letter with a development proposal, the letter referenced on pages 2-41 and-42, to which Ms. Vineyard said the Association did not submit a proposal for development or a letter and requested I that the EIR consultant remove the College Park East Neighborhood Association name from the documentation as the Association is not a political organization, however confirmed that a group of people from College Park East did submit the letter which they had the privilege of doing. The Mayor suggested an amendment of the language to reflect 'members of' rather than the Neighborhood Association. Ms. Audrey Kime, College Park East, confirmed that it was she who brought that letter forward, it was dated August 20th, that before she became President of the Association, it was an evaluation of the project authored by herself and neighbors, and noted reference in the document to Alternative "J", a College Park East Alternative, which she said has no connection to the Neighborhood Association. Mr. Jim Sokoloff, 5th Street, reported having a good response to his request at the last meeting for support of his cause against selective enforcement of laws, said the City Council can not violate the Constitution of the united States, claiming there has been criminal negligence by means of the Briggeman refuse contract, legislating away his reserved van accessible handicapped parking space on his private property, and requested that that space now be defined in front of his house, again claiming that an environmental assessment is I needed, those that are suffering must be identified and compensated. It was clarified that the owner of the disposal company offered to allow anyone wishing to keep their old refuse cans to do so, they would not be required to accept the new bins or recycle. Mr. Sokoloff spoke of trying to set a meeting with the Police Chief with regard to what he claimed to be the kidnap and detainment of himself by police officers. He again invited support for his cause to readdress the laws of the land. There being no further comments, Mayor Hastings declared Oral Communications closed. 4-27-98 PRESENTATIONS I PROCLAMATIONS Mayor Hastings read in full the proclamation declaring May 10th through May 15th as "Blue Ribbon Week" which she presented to Chief Sellers and his officers present, Sgt. Lawson, Officers Castagna and Chauncey. The Chief noted that this week of recognition is a way the community can show their support for all officers and volunteers, and pointed out that of the approximate 675,000 peace officers in the United States about 65,000 are assaulted annually by combative assailants. Chef Sellers expressed appreciation for the Proclamation. Mayor Hastings read in full the proclamation declaring May 9th, 1998 as "Fire Service Recognition Day" which was accepted by Battalion Chief Bill Bundy with appreciation of the Orange County Fire Authority, and in turn invited all to attend the Fire Station open houses on May 9th. COUNCIL ITEMS I CABLECAST - ENVIRONMENTAL QUALITY CONTROL - BIXBY EIR HEARINGS Mayor Hastings noted having watched the taped discussion of this subject from the last meeting and determined to place this item on the agenda for consideration by the entire Council as had been suggested. Councilman Brown said he wished to clarify that he had disagreed with Councilmember Campbell at the last meeting, had suggested that it would be best to postpone the item until the full Council was present, however the media cited him as being the sole opposition of a live telecast of the EQCB hearings on the Bixby EIR, which he said is far from the truth, and cited his past and present interests in College Park East needs and activities, support of Councilmember Campbell for a League of Cities position, etc. Councilman Brown explained that he has a philosophical difference with some as to whether the EQCB meetings should be telecast live, it has been a long standing practice of the Council and City that certain activities of interest be taped, then shown at an appropriate time, his suggestion is that the EQCB meetings also be taped and then shown as many times as felt necessary, his opposition is to the live public broadcast of sub-committee meetings, the setting of precedent, and requested that he be given the benefit of his disagreement. He noted having heard also from both sides of the issue of saving the tennis courts for College Park East recreational use, his belief is that Councilmember Campbell supported the Bixby MOU, as he did, for the reason of gaining time to determine if there was any better arrangement that could be made for the people of College Park East. Councilmember Forsythe said even when first mentioned she did not support televising the EQCB meetings, agreed with Councilman Brown that it does set a precedent, the City policy is to televise live the Planning Commission and City Council meetings, a policy that has worked for years, that should not be changed, agreeing that EQCB should be taped and shown later. She noted concern with telephone calls since the last meeting that have cited First Amendment rights, threatening, intimidation tactics, very much inappropriate and need to stop, stated this Council has never ruled by intimidation, the First Amendment issue is actually against members of the City Council as they have the right to vote as they deem appropriate, to condemn them for their opinion is a violation of their rights. Councilmember Fulton said he I , 4-27-98 agreed with Councilmember Brown, in his op1n10n the EQCB meetings should be video taped and shown as often as necessary, that should be sufficient. Councilmember Campbell offered that the Council is made up of different people, they do not agree on everything, in this case feelings got out of touch, she pursued this issue when answers to her questions did not seem reasonable, also, said the cable company needs I some lead time. She noted that the Bixby property is the last large privately owned parcel of property for development, there has been much misinformation about proposals, the attempt is to get out the facts, it is important that the people hear the presentation of the EIR consultant and the questions being asked, the desire is that EQCB be live and rebroadcast several times. As to setting a precedent, the request is not to televise the other boards and commissions, just the EQCB Bixby EIR meetings, this needs to be done properly, this project impacts so many people it is not understood what harm there would be to broadcast live. She said the EIR is out, people have until the end of May to submit comments, people look to the City to be the disseminator of proper information, the consultant has prepared the EIR, the experts will be available at the hearings, this is where correct information will come from, that is the importance of live broadcasts and rebroadcasts, the project basically affects College Park East, involves Rossmoor, it is a significant project and could change the whole character of the City, again requesting a live broadcast. Councilman Brown expressed his belief that the only difference of opinions is whether or not the EQCB hearings are broadcast live, nothing is gained by the live telecast, the tape can be shown as often as felt necessary, I and agreed that it is an important issue, needs to be studied and seen, the only disagreement is setting a precedent. Councilmember Campbell stated that if the hearings are taped they will not be shown until the following week, and countered that she will be unable to attend the EQCB hearing yet she could view it live from home, it is important that she know what is going on. Councilmember Forsythe noted that the Bixby project is no more or less important than any other development project in Seal Beach, this format has never been done before, a project considered by the EQCB that is thought to have a more devastating impact on Seal Beach was the Bolsa Chica project, the City did not opt to telecast that, the opportunity to hear the presentation on the Bixby project will be at two separate levels of City government with two separate public hearings, before the Planning Commission and the City Council, it does not need to be telecast live before the EQCB, that would go against the established policy of the City. Mayor Hastings stated her main concern is that people will come forward and not address only the concerns or inadequacies of the Draft EIR, which is the function of the EQCB. To inquiry as to how many days there are to review and comment on the Draft EIR, the City Attorney advised it is forty-five days from the date first circulated, until I sometime the end of May. Mayor Hastings said of importance is that the comments be included in the Final EIR. Councilmember Campbell expressed her concern with the time frame, losing a week for broadcast of a video tape of the meetings. Councilmember Campbell moved to broadcast the Environmental Quality Control Board meetings live for the Bixby Draft EIR presentation/discussions. The Mayor recalled that there were many discussions relating to the Mola development, a controversial project, it was before the EQCB, and was not 4-27-98 televised. It was confirmed that the Board may adjourn their first session to a subsequent session for continued discussion of the matter if so desired. AYES: NOES: I Campbell Brown, Forsythe, Fulton, Hastings Motion failed CONSENT CALENDAR - ITEMS "0" thru "T" Brown moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar as presented, except Items "F" and "P", removed for separate consideration. D. 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. E. Approved regular demands numbered 19209 through 19343 in the amount of $278,333.00, payroll demands numbered 26517 through 26680 in the amount of $226,329.08, and authorized warrants to be drawn on the Treasury for same. G. I Received and filed the staff report relating to the receipt of the Final Focused Site Inspection (FSI) for Operable Units 4 and 5, Weapons Support Facility, authorized the Mayor to sign the comment letter thereto, and instructed staff to forward this item to the Environmental Quality Control Board and Archaeological Advisory Committee for information purposes. H. Received and filed the staff report relating to the Seal Beach Naval Weapons Station Installation Restoration Program - Status Report regarding All Installation Restoration Sites, and instructed staff to forward this item to the Planning Commission, Environmental Quality Control Board, and Archaeological Advisory Committee for information purposes. I. I J. Received and filed the staff report relating to the 1997 AQMD Annual Report - Air Quality, requested staff to monitor air quality issues and provide additional information to the City Council as deemed appropriate, and that this item be forwarded to the Planning Commission and Environmental Quality Control Board for information purposes. Received and filed the staff report relating to the Draft Environmental Assessment for proposed Rule 1401, New Source Review of Toxic Air Contaminants, South Coast Air Quality Management District, authorized the Mayor to sign the comment letter thereto, and instructed staff to forward the comment letter to the Environmental Quality Control Board for information purposes. 4-27-98 K. Received and filed the staff report relating to the Draft Work Plan, Supplemental Characterization of Site 7, Weapons Support Facility, authorized the Mayor to sign the response letter thereto, and instructed staff to forward same to the Environmental Quality Control Board for information purposes. I L. Received and filed the staff report relating to the Draft Site Evaluation Work Plan, Installation Restoration Sites 4, 5, and 6, Weapons Support Facility, authorized the Mayor to sign the response letter thereto, and instructed staff to forward the comment letter to the Environmental Quality Control Board. M. Approved the proposal for outside payroll processing with Payroll Services Unlimited, and authorized the City Manager to execute said Consultant Agreement, upon the approval of the City Attorney, for services on a month to month basis with provision for termination thereof. N. Proclaimed April 25th, 1998 as "Volunteer Connection Day, 1998." O. proclaimed May 3rd through May 9th, 1998 as "Hire-A-Veteran Week." I Q. Received and filed the Monthly Investment Report for March, 1998. R. Denied the claim of D'Arcy Denos Kine for alleged residential property damage. S. Denied the claim of Robert and Ruby Sandau for alleged property damage. T. Received and filed the request for support from the City of Huntington Beach for the Santa Ana River Mainstream Project and adopted Resolution Number 4620 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH IN SUPPORT OF INCREASED FUNDING FOR FY 1998/99 OF THE ARMY CORPS.- OF ENGINEERS CIVIL WORKS CONSTRUCTION PROGRAM." By unanimous consent, full reading of Resolution Number 4620 was waived. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F" - RESOLUTION NUMBER 4619 - HONORING CAPTAIN ANDREW HAMMOND - SEAL BEACH WEAPONS SUPPORT FACILITY Mayor Hastings read Resolution Number 4619 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND RECOGNIZING CAPTAIN ANDREW T. HAMMOND FOR HIS SERVICE TO OUR COMMUNITY." Mayor Hastings reported having attended the recent Change of Command at the 4-27-98 Weapons Facility along with other members of the Council, and noted the appreciation of this City for the cooperation and assistance of Captain Hammond during his service as Commanding Officer of the Seal Beach Weapons Facility. Brown moved, second by Hastings, to adopt Resolution Number 4619 as presented. ,1'. .dI' I ...... AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEM "p" - ASSOCIATION OF VOLLEYBALL PROFESSIONALS - SPECIAL EVENT PERMIT Mayor Hastings said she wanted it known for all time that she supports the AVP Mens Volleyball Tournament in Seal Beach. .~ She explained that at the time she joined the Council she determined that the City is a business and should be run as such, as to the AVP Tournament, Seal Beach was the only community not being reimbursed for costs incurred, for a period of time the Tournament chose to not return to Seal Beach, now they have, and are welcome. The Recreation and Parks Director reported that there is an established fee schedule for the AVP Tournament that was imposed in 1994 and 1995, that will be held to again in 1998, paying one hundred percent of City costs. The Mayor noted with appreciation the communications received in support of the AVP Tournament. Hastings moved, second by Brown, to approve in concept the Special Event Application for the Association of Volleyball Professionals Mens Tournament, and that the City Manager or his designee finalize event negotiations. I AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried CITY MANAGER REPORTS The City Manager noted that the Bixby EIR is on the City's internet page, the first week there were twelve persons who visited the site, downloaded the document, thus saving the $125 cost for the paper version of the document, this another means of assuring an educated public and informed decision makers, and said the staff too is committed to promoting an orderly and informed process. The Manager reported the City was recently a feature of an OCN report on waste reduction and recycling programs, that for the reason that Seal Beach is near the top of all Orange County cities in meeting the mandate of AB 939, requiring all cities to reduce the waste stream to landfills by twenty-five percent in 1995 and fifty percent by year 2000. He noted also that about half of the sand replenishment in on the beach, and an upcoming celebration of the end of El Nino is being planned. I ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Marty Mahrer, College Park East, said given the four to one vote against live broadcast of the EQCB hearings, inquired if that is not denying the use of public access. Mayor Hastings asked how that could be alleged given the fact that the public will have the information by tape soon after. At the request of the Mayor, the City Attorney explained that the City has no control over nor has ever had input as to public access, the City has a policy with respect to governmental programming, if this becomes a public access issue the City would have no control and would becom~ a ma~te~ of public access scheduling. Mr. Gordon:Sh~nkw,.~ear Beach, showed a copy of the Volume I and Volume II of the. Bixby EIR, suggesting it would be better to access the documents on the 4-27-98 internet rather than purchasing them. Mr. Shanks pointed out the history of recall in Seal Beach, yet none since 1971 until now, sympathized with the recent recall experience of Councilmember Campbell, and expressed regret that the Council did not support her request for live cablecast of the EQCB hearings as a means of ensuring that the public receives correct information. There being no further comments, Mayor Hastings declared Oral Communications closed. I COUNCIL CONCERNS Councilmember Campbell extended a welcome to the new publisher of the Sun Newspaper, Melissa Hobbs. She called for the reactivation of two College Park East committees, the Landscaping' Committee with the intent to redo the entrance to College Park East, invited anyone interested to call her, and the Disaster Committee, a disaster plan for College Park to be prepared, drills will then be held in one section of the tract at a time. Councilman Brown offered a copy of a manual on disaster drills prepared for Leisure World. He reported a meeting was held recently with residents of College Park West, they voiced a number of concerns, and the meeting concluded with a general consensus of opinions. Councilman Brown noted the recent ground breaking for the soundwall, soon to be constructed. Councilmember Forsythe reported that the hearing at the Coastal Commission with respect to the Hellman plan went fairly well, the desire of the Commission is for more wetland acreage, that is not possible given the acreage and configuration of the property, and if demanded, the golfcourse would be reduced and the project will not go forward, and announced that the hearing has been continued until June 10th or 11th in Santa Barbara. She noted that two buses transported residents to the hearing, there was a petition of about a thousand signatures presented, and emphasized the importance of the community attending the June hearing or corresponding their support to the Commission. Councilman Brown spoke of the eloquence of the speakers at the Commission hearing, as did Mayor Hastings of the presentations of the Councilmembers, staff, and members of the community, reported that the Mayor of Huntington Beach spoke on behalf of the project, there are now ongoing discussions with respect to certain mitigation measures and concerns with the project, both urging attendance in Santa Barbara. Councilman Fulton said every day he is questioned by someone in Leisure World as to the status of the Hellman project, stating it has much support. Question was raised from the audience if the Hellman hearing could be earlier in the day than it was in Long Beach, to that a suggestion was made to contact the Coastal Commission in Long Beach with that suggestion. I ADJOURNMENT By unanimous consent, the Council directed that the regular meeting of May 11th be canceled and adjourned until Tuesday, May 19th at 7:00 p.m. The meeting was adjourned by unanimous consent at 8:19 p.m. Approved: I o 1cio clerk Beach 4-27-98 I 5-11-98 I 5-19-98 Attest: ~.,~~ City Clerk v I Seal Beach, California May 11, 1998 By direction of the City Council at their April 27th meeting, the May 11, 1998 meeting is hereby canceled and adjourned to Tuesday, May 19th at 7:00 p.m. Ci of Seal Beach, California May 19, 1998 I 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. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Campbell, Forsythe, Fulton Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Steele, Assistant City Attorney Chief Sellers, Police Department Mr. Badum, Director of Public Works I City Engineer Ms. Beard, Director of Recreation and Parks Mrs. Yeo, City Clerk I APPROVAL OF AGENDA Mayor Hastings requested to comment on the recent Duck-A-Thon as a part of the Presentation category of the agenda. Brown moved, second by Campbell, to approve the request. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried Fulton moved, second by Campbell, to approve the order of the agenda as amended. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried