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HomeMy WebLinkAboutCC Min 1996-10-28 9-30-96 / 10-14-96 / 10-28-96 city's Senior Volunteers, Ed Raichel, expired last Friday at the Rossmoor Community Services site. On behalf of the City, the Chief extended condolences to the Raichel family and appreciation for allowing him to share his talents. Councilman Fulton commended the recent dedication of the Rossmoor Community Services Center. ORAL COMMUNICATIONS There were no Oral Communications. I ADJOURNMENT By unanimous consent, the Council directed that the October 14th regular meeting be canceled and adjourned to October 28th at 6:30 p.m. to meet in Closed Session if deemed necessary. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 9:30 p.m. C1ty C k and ex-off1C10 city Seal Beach Approved: Attest: I Seal Beach, California- October 14, 1996 The City Council of the City of Seal Beach did, at their regular meeting of September 30th, 1996, direct that the regular meeting of October 14th,. 1996 be canceled due to a conflict with the League of California cities Annual Conference. The October 14th meeting was canceled and adjourned until Monday, October 28th, 1996 at 6:30 p.m. to meet in Closed Session.if deemed necessary. Seal Beach, California October 28, 1996 I The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. 6. , 10-28-96 ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Campbell, FUlton, Hastings Absent: None I Also present: Mr. Till, city Manager Mr. Barrow, City Attorney Mrs. Yeo, city Clerk 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 ORAL COMMUNICATIONS There were no Oral Communications. I CLOSED SESSION By unanimous consent, the Council adjourned to Closed Session at 6:31 p.m. to discuss the items identified on the agenda, a conference with the city's labor negotiator relating to the Police Officers Association pursuant to Government Code section 54957.6, and to confer with legal counsel regarding anticipated litigation, Walter and Mona Babcock, pursuant to Government Code Section 54956.9b(B). The Council reconvened at 6:48 p.m. with Mayor Forsythe calling the meeting to order. The City Attorney announced that the Council had discussed the items identified on the agenda, gave direction to staff, and no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:50 p.m. lerk and ex-off1c1 of Seal Beach of the Approved: 41/4~r.J' Ma or Attest: I Seal Beach, California October 28, 1996 The City Council of the City of Seal Beach met in regular session at 7:03 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. 10-28-96 ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Campbell, FUlton, Hastings Absent: None Also present: Mr. Barrow, city Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, City Engineer/Director of Public Works Ms. Beard, Parks and Recreation Director Mrs. Yeo, City Clerk I APPROVAL OF AGENDA Councilmember Hastings requested that Item "s" be removed from the Consent Calendar for separate consideration, and Mayor Forsythe removed Item "G". The City Attorney advised that the Council may approve the two lease extensions under Item "R" however recommended that they be subject to review and approval of the city Attorney. Brown moved, second by Hastings, to approve the order of the agenda as revised. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Charles Antos, 17th Street, made reference to lengthy discussions in the past relating to development of the Hellman property, as part of that a question arose as to the adequacy of the City's Housing I Element, that then resulted in a legal action, and to that he inquired if the Housing Element has been approved by the State. He mentioned the defeat by the electorate of the Mola development proposal for the Hellman property, during that period of time a Specific Plan Review Committee was appointed by the Council to make recommendations for the use of that property, a Committee report was submitted, it was received and filed by the Council, and never brought forth again for consideration. He referred to an appointed Housing Element Committee as well that submitted recommendations to the Council, it too was received and filed and nothing further was done with that report. He recalled criticisms in the past of secret negotiations with the then potential developer of the Hellman site, made reference to recent news articles that report there are negotiations again for the development of the Hellman property however stated that the anticipated submittal to the City has not been the subject of study sessions or public review, which he likened to the past, the area in the northerly portion of the city a similar situation where there is a division of development preferences and secretive meetings being held at City Hall to resolve the differences prior to bringing a proposal forward for public review. Several times Mr. Antos asked what in the city is going to change. Mr. Gordon Shanks, Surf Place, stated he has limited knowledge of a proposal for I the Bixby property, some knowledge of the Hellman proposal that is anticipated to be forthcoming. He offered that if everything relating to a development proposal is done in public it seems to get confused, yet if surveys are conducted of the population most affected and there are discussions with the developer, a plan may emerge that will meet with the least or no resistance, and thus far, in his opinion the Mayor and members of the Council have done a good job of gathering as much input as possible as to the Hellman land, resolving objections raised with prior plans, the most commendable effort he has seen in at least twenty-six years. M~. Don Campbell, Ironwood Avenue, said 10-28-96 I his comments relate to a person who writes a lie, stands by that lie, does nothing to withdraw the lie, therefore the lie must be exposed completely so that the truth can prevail. He referenced a letter published in local newspapers that stated Councilmember Campbell hired a political consultant to conduct her College Park East survey, implied also that city funds were used to conduct the survey. Mr. Campbell emphasized that Councilmember Campbell did not hire a political consultant or anyone else to help with the survey, that she resents the implication of doing anything improper, and for the record said she paid the entire cost of the survey. Mr. Campbell said lies are being used to discredit his wife, something he takes seriously, stated she has fought long and hard to protect the community, that he holds the author and signor of the letter responsible for the libelous statements, to attack her integrity in this manner only shows desperation and a lack of ethics on the part of the developer and their workers. There being no further comments, Mayor Forsythe declared Oral Communications closed. I PRESENTATIONS RESOLUTION NUMBER 4503 - HONORING DAVID BISHOP - LAUREL HIGH SCHOOL PRINCIPAL Mayor Forsythe read a brief biography of the professional achievements of Mr. David Bishop siRce he joined the Los Alamitos School District in 1977 and became principal of Laurel High School in 1991. She explained that Laurel is a continuation high school that meets the needs of students that have an attendance or academic problem, it keeps students involved in their education, and has been successful in reducing the number of dropouts in the District. The Mayor noted that Mr. Bishop devotes countless after-school hours to the needs of his students, also that he and his wife founded the nonprofit "Pathways to Independence" organization that provides housing, food, clothing, education, health care, counseling, etc. to struggling high school, trade school, or college students who do not have financial or emotional support of their families, the goal of Pathways is to send these young people into society as productive, self-sufficient individuals. Mayor Forsythe recited a poem entitled 'Kids Who Are Different', that was appropriate to this recognition. Resolution Number 4503 was read in full by Mayor Forsythe entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH HONORING AND RECOGNIZING DAVID BISHOP FOR HIS OUTSTANDING CONTRIBUTIONS TO THE YOUTH OF OUR COMMUNITY." Hastings moved, second by Campbell, to adopt Resolution Number 4503 as presented. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I Mr. Butler accepted the Resolution from Mayor Forsythe with appreciation. He expressed pleasure at having the opportunity to work in the Los Alamitos School District, commended the School Board and District Administration, expressed affection for the Laurel students, each unique in their own way, praised the Laurel teaching staff, and expressed his belief that being a teacher is a special career and at Laurel it is a privilege. In jest, he suggested that a salary increase may be in order. Mr. Bishop stated the Pathways Foundation too is a joyful experience, an opportunity to reach out and help young people who have no family, no money, no education, etc., the Foundation having served about seventy youth during its five year existence with the assistance of eighty volunteers with various professional backgrounds. Mr. Bishop extended special appreciation to the students present in the audience. Mr. Mike 10-28-96 Miller, Superintendent, Los Alamitos School District, noted the presence of Ms. Del Clark, School Board President, Board members Virginia wilson and Kathy O'Brien, and described the dedication and commitment of Mr. Bishop to the youth of the District as second to none, expressed the District's pride in Laurel High School and its staff, and introduced the son of Mr. Bishop, John. Mr. Miller thanked Mayor Forsythe and Councilmember I Hastings for their attendance at an award ceremony at MCGaugh School this date in recognition of a science experiment created by McGaugh students that will be on the next space shuttle. Ms. Del Clark expressed gratitude to the Mayor and Council for recognizing Mr. Bishop, and praised the Laurel staff which is comprised talented and enthusiastic people. Ms. Clark mentioned two other honors bestowed upon Mr. BiShop this past year, the prestigious State Golden Bell Award in recognition of the child/infant care program at Laurel, the school also received accreditation based upon the same rigorous evaluation as other high schools, and Laurel ranked within the highest honors. Some of the Laurel students present in the audience expressed their feelings that Mr. Bishop has done wonders for them, appreciation for accepting them at Laurel given their prior school and family problems, for encouraging them to hold their heads high, for the personal time devoted to the students, and stated that Mr. Bishop deserves this honor. Mayor Forsythe and the Council thanked Mr. Bishop for his efforts, and all persons who attended his recognition. INTRODUCTION - PARKS/RECREATION/COMMUNITY SERVICES DIRECTOR Mayor Forsythe introduced and welcomed Ms. Nancy Beard, recently appointed Parks, Recreation and Community Services Director. Ms. Beard praised the community of Seal Beach and expressed enthusiasm with being part of it. She noted her prior I affiliation with the City of Riverside as Deputy Director of Parks and Recreation, and previously the Recreation and Parks Superintendent with the city of Newport Beach. PROCLAMATION - ROTARY INTERNATIONAL Mayor Forsythe proclaimed Seal Beach as "A Four-Way Test City" and urged the citizens to follow the tenets of the Four-Way Test as prescribed by Rotary International. Ms. Pat Eskenazi, President of the Seal Beach Rotary Club, accepted the Proclamation with appreciation. COUNCIL ITEMS COUNCIL AGENDA FORMAT - AMENDING RESOLUTION NUMBER 4001 Councilmember Campbell moved to amend Resolution Number 4001 to change the agenda format by placing Council Concerns after the second Oral Communications, to be effective immediately. Councilman Brown seconded the motion AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried CONSENT CALENDAR - ITEMS "E" thru "s" Brown moved, second by Fulton, to approve the recommended action I for items on the Consent Calendar as presented, except Items "G", "R" and "S", removed for separate consideration. E. 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. I I I AYES: NOES: F. Approved October 14th regular demands numbered 13839 through 14008 in the amount of $166,410.49 and payroll demands numbered 18861 through 19137 and 19311 through 19323 in the amount of $450,342.33; October 28th regular demands numbered 14009 through 14141 in the amount of $307,873.27 and payroll demands numbered 19324 through 19499 in the amount of $254,143.30, and authorized warrants to be drawn on the Treasury for same. H. Received and filed the Monthly Investment Report for July, 1996. I. Received and filed the Monthly Investment Report for August, 1996. J. Adopted Resolution Number 4504 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGETARY AMENDMENTS FOR THE 1996/97 FISCAL YEAR." By unanimous consent, full reading of Resolution Number 4504 was waived. K. Approved the declaration of surplus property and authorized staff to dispose of the vehicles through sale and/or auction thereof. L. Adopted Resolution Number 4505 entitled "A RESOLUTION OF THE" CITY COUNCIL OF THE CITY OF SEAL BEACH CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF SEAL BEACH" (Master Plan of Arterial Highways ConsistencY/1996/97 Eligibility Application). By unanimous consent, full reading of Resolution Number 4505 was waived. M. Accepted the resignation of Renee McNett as the District Five representative to the Civil Service Board, and declared the position vacant. N. Denied the claim for damages of Ms. Susan Huddleston and referred same to the City's liability attorney and adjuster. o. Denied the claim for damages of Mr. Miles Evans. P. Adopted Resolution Number 4506 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH SUPPORTING THE COUNTY OF ORANGE PUBLIC OWNERSHIP OF THE LANDFILL SYSTEM." By unanimous consent, full reading of Resolution Number 4506 was waived. Q. Received and filed the Environmental Assessment and Finding of No Significant Impact for U. S. Army Reserve Mission Conversion, Aviation support Facility, Los Alamitos Armed Forces Reserve Center, Los Alamitos, California, and the response letter thereto. 10-28-96 Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried 10-28-96 ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G" - MINUTES Councilmember Hastings abstained from voting on this item as she was absent from the September 30th meetings. Fulton moved, second by Campbell, to approve the minutes of the September 30th, 1996 regular adjourned and regular meetings. AYES: NOES: Brown,' Campbell, Forsythe, Fulton, Hastings None Motion carried I ITEM "R" - LEASE REVISIONS/EXTENSIONS - UNDER THE RAINBOW and SUN 'N FUN and ITEM "s" - AUTHORIZATION TO EXPEND FEMA FUNDS - SAND REPLENISHMENT - EAST BEACH The City Engineer explained that this item is a request to expend approximately $150,000 of FEMA funds for the replacement of sand that was lost during the January, 1995 storm season. He noted the deadline for expenditure of the funds has been extended to February, 1997, the sand replacement hoped to be accomplished about the end of November, that dependent upon the sources of high quality sand at an acceptable price. Councilmember Hastings expressed regret that these monies will be used to truck sand into the City as it is known that that method does not produce the greatest value, suggested that possibly a letter be forwarded to the federal government requesting that the expenditure of these funds be delayed until the commencement of the dredging project, where the City would realize a much greater quantity of sand for its dollars. She expressed her understanding however of the importance of the 1995 project where the sand needed to be trucked as without that replenishment there would have been considerable flooding. I Hastings moved, second by Fulton, to approve the lease revisions and extension for Under the Rainbow commencing January 1, 1996 through December 31, 1997 and from July 1, 1996 through June, 1998 for Sun 'N Fun; and to authorize staff to purchase and transport sand for the East Beach at a cost not to exceed $150,000. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried PUBLIC HEARING - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - YEAR XXIII Mayor Forsythe declared the public hearing open to consider projects recommended by the citizens Participation Committee for Community Development Block Grant Program funding, Year XXIII. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received relating to this item. The Director of Development Services presented the staff report, and noted that the Citizens Participation Committee had met on two occasions to review and discuss projects for Year XXIII H/CD funding, the result being the seven projects submitted for consideration. He I reviewed each of the projects 'as prioritized by the Committee and the amounts requested: 1) Seal Beach Boulevard Storm Drain - $100,000; 2) Youth Aftercare/Day Care Assistance - $30,000; 3) Social Services for Seniors - $1,000; 4) Handicapped CUrb//Sidewalk Access - $75,000; 5) Landing Avenue Water Line Replacement - $75,000; 6) Sewer Infrastructure Replacement Program - $200,000; and 7) Old Town Sidewalks - $60,000. The Director mentioned that historically the city receives only a portion of the total funding request as the monies for distribution to the Orange County cities under this Program are limited and project submittals are numerous. Mayor Forsythe 10-28-96 I questioned the Social Services for Seniors request directed specifically to Leisure World residents. The Director said his understanding is that in the past the Leisure World mutuals have assumed the cost of evaluations of individuals believed to be in need of assistance, this proposal an attempt to supplement those costs. Councilmembers Brown and Fulton expressed their opinions that the request for social services subsidy for Leisure World residents was unnecessary. In response to an inquiry of Councilmember Hastings as to how the funds are allocated, the Director explained that the County traditionally allocates the funds, to the extent monies are available, to each city based upon the priority of projects submitted. There being no communications from the audience, Mayor Forsythe declared the public hearing closed. In response to inquiry of the Council, the Director explained that improvement projects are restricted to the downtown area pursuant to H/CD guidelines, public service projects may be applied citywide pursuant to certain criteria, and noted that projects such as handicapped ramps for other areas of the community, as an example, are accomplished as a pUblic works project. I RESOLUTION NUMBER 4507 - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PARTICIPATION - YEAR XXIII Resolution Number 4507 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE CITY's PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE (YEAR XXIII)." By unanimous consent, full reading of Resolution Number 4507 was waived. Members of the Council requested that the projects proposed be reprioritized as follows: 1) Youth Aftercare; 2) Seal Beach Boulevard Storm Drain; 3) Handicapped Curb/Sidewalk Access; 4) Social Services for Seniors; 5) Landing Avenue Water Line Replacement; 6) Sewer Infrastructure Replacement Program; and 7) Old Town Sidewalks, and that the Social Services request be for seniors in general, deleting the reference to Leisure World. Brown moved, second by Fulton, to approve the priority order of recommended projects through the adoption of Resolution Number 4507 as amended. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Gordon Shanks, Surf Place, called attention to the recent Founders Day celebration, also to a very positive article in the Times Travel Section relating to the downtown area. Mr. Shanks noted a recently reported problem in Villa Park similar to that in Seal Beach where coyotes have been attaCking family pets, to which he asked that there be investigation as to what can be done to resolve this problem in the interim of the Hellman property development. Ms. Dorothy Whyte, College Park East, added her thanks to the Founders Day Committee for the recent celebration. Ms. Whyte noted that since the Bixby development has come up everyone seems to air their concerns before the Council, made reference to a previous speaker that suggested lies are being perpetrated by a College Park East resident and the developer, to which she stated each person has their perception of what the truth is, that there is another untruth as well in the claim that Bixby is financially supporting fliers, ads, etc. with regard to one of the opinions as to how the Bixby property should be developed, which she emphasized is not true, rather, funding has been from the residents of the community who are concerned with a potential loss of the tennis club and development of the Bixby property. Ms. Whyte made reference also to a letter in the local press that claimed the people of 10-28-96 College Park East do not talk, to that she reported her personal efforts before, during, and after the election to bring together the groups having opposing opinions in order to design a project for the Bixby property that would be beneficial to all of the community. Ms. Whyte said she felt it unfortunate that the community division continues, that recent discussions broke down, expressed a desire that the process start fresh, looking I at the issues rather than who said and who wrote what, and noted that if neither the councilmember or a representative of the City can talk to Bixby because of the Brown Act, there is great concern. With regard to a-Councilperson not taking a position on a particular project, Dr. David Rosenman, 8th street, offered his understanding that that is to preserve the open, fair and equal hearing of fact, thus not prejudicing deliberations in any way, and should a Councilperson take a position they would likely not be allowed to vote on the project. Ms. Audrey Kime, College Park East, stated that the breakdown of the talks between the groups having opposing opinions relating to development of the Bixby property was not because of triviality of who said what to whom, rather the basics of who can trust whom, there had been agreements that had been difficult to reach, the expectation was that the agreements would be kept, however when they were found to be a sham the meetings blew up. Ms. Kime suggested that if these groups were subject to the Four way Test criteria proclaimed earlier in the meeting, the meetings might be reinstituted. With regard to a Councilperson taking a position, the city Attorney explained that the issue is with more than the Brown Act, a Councilmember can not commit to taking a position on any project that may come before that body prior to public hearings and receipt of all relevant information, decisions must be based on evidence received at the public hearing. There being no further comments, Mayor Forsythe I declared Oral Communications closed. COUNCIL CONCERNS Councilmember Campbell commended the local firefighters who worked as part of a strike team during the Malibu fire, those from College Park East as well who are members of the Los Angeles County Firefighters that encountered very difficult situations. She noted that street resurfacing will commence in College Park East on November 4th, residents are being notified by letter of the upcoming project, also announced that the workshop to review the process for development applications scheduled for this Tuesday evening has been canceled due to a scheduling conflict, however will be rescheduled to another date. Councilmember Campbell reported three hundred seventy- three College Park East household surveys have been returned to date, approximately twenty-two percent, and reported the initial tally, in part: to Question 1 - appropriate use for the thirty- four acres behind the trees on Seal Beach Boulevard, fifty-seven percent preferred open space, twenty-six percent preferred residential, eight percent commercial, and nine percent chose a mix of residential and commercial; to Question 2 - use of the 9.35 acres behind the Mobil site, forty-one percent preferred residential, twenty-one percent commercial, and thirty-eight percent chose open space; to Question 3 - use of the tennis I complex property, thirty-eight percent preferred the site to remain as is, fifty-six percent chose open space; four percent was commercial, and two percent chose residential; to Question 4 - sources of revenue to the city, which could be used for traffic mitigation, thirty percent suggested an increase of property and/or utility users taxes, thirty percent chose additional retail businesses for increased sales tax, twenty- nine percent proposed the issuance of bonds, seven percent wanted no new taxes, and seven percent proposed that the developer pay more; and to Question 5 - the most important College Park East issues, twenty-one percent cited over- 10-28-96 I 11-11-96 I development of North Seal Beach, twenty percent said quality of life, sixteen percent cited traffic congestion, and eleven percent said public safety. Councilmember Campbell said she would continue to evaluate the surveys, encouraged all households to return them, invited College Park East residents to let her know of their concerns, and with regard to the recent discussions regarding Bixby, stated she remains open to listen to both sides. Councilman Brown reported a concern expressed by residents of College Park West with regard to palm trees that are in need of trimming in the area of Edison Park and overgrown brush around the perimeter, a potential fire hazard, and asked that the ownership of the property where the palm trees exist be determined. Councilman Brown extended appreciation to those who organized the Founders Day parade, noted that the American Legion was proud to be a participant, and reported recent visits by Senator Barbara Boxer and Mrs. Dole to Leisure World. Councilmember Hastings encouraged all to vote on November 5th. Mayor Forsythe commended the Founders Day Committee as well as city staff for their hard work to provide the many celebration festivities, the Masquerade Ball, the parade, the Monster Mash, Groovie Goolies dance, and the Day on the Green. Mayor Forsythe noted again that MCGaugh School has been chosen as one of a very few schools in the nation to participate in the space Shuttle voyage in ten days where the students' poppy seed experiment will travel into space and upon return they will be planted and compared to the seeds that remain on earth. I ADJOURNMENT It was the consensus of the Council to cancel the November 11th meeting, the Veterans Day holiday, adjourn same to November 18th at 6:30 p.m. to meet in Closed Session if deemed necessary, and regular session at 7:00 p.m., and at that time the November 25th meeting, just prior to Thanksgiving, can likewise be canceled. By unanimous consent, this meeting was adjourned at 8:23 p.m. lerk and ex-o of Seal Beach the Approved: d~./~ May Attest: I Seal Beach, California November 11, 1996 Pursuant to direction of the City Council of the City of Seal Beach at the October 28th meeting, the regular meeting of November 11th, 1996 was canceled and adjourned until November 18th, 1996 at 6:30 p.m.