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HomeMy WebLinkAboutCC Min 1996-11-18 11-18-96 Seal Beach, California November 18, 1996 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. I ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Fulton, Hastings The Council excused the absence of Councilmember Campbell from this .portion of the meeting however she joined the Council in Closed Session as did the City Manager and city Attorney. Absent: None Also present: Mrs. Yeo, City Clerk APPROVAL OF AGENDA Brown moved, second by Hastings, to approve the order of the agenda as presented. AYES: NOES: ABSENT: Brown, Forsythe, Fulton, Hastings None Campbell 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 ann~al performance evaluation of the city Manager pursuant to Government Code section 54957, as announced by the Mayor. The Council reconvened at 7:02 p.m. with Mayor Forsythe calling the meeting to order. The City Attorney reported the Council had discussed the item identified on the agenda, gave direction to the City Attorney, and no other action was taken. This meeting was recessed until after the adjourned regular meeting. At 9:07 p.m. Mayor Forsythe recessed the adjourned regular meeting and reconvened the 6:30 p.m. regular adjourned meeting to continue discussion of the item identified on the agenda. The Mayor reconvened the regular adjourned meeting at 9:38, the City Attorney reported the Council had discussed the item listed on the agenda, and the meeting was adjourned. of the Approved: ~ ;z.~7"7'~J Ma r /) I Attest: 11-18-96 Seal Beach, California November 18, 1996 I The City Council of the City of Seal Beach met in adjourned regular session at 7:03 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Campbell, Fulton, Hastings Absent: None Also present: Mr. Till, city Manager Mr. Barrow, city Attorney Mr. Whittenberg, Director of Development Services Chief Stearns, Police Department Mr. Badum, City Engineer/Director of Public Works 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, Forsyt~e, Fulton, Hastings None Motion carried I PRESENTATIONS MOTHERS AGAINST DRUNK DRIVERS RECOGNITION AWARDS Ms. Laura Ellers, said she is a single mother of two, was honored to be invited to present the MADD recognition awards, and recounted her experience of having been hit by a driver having a blood alcohol level over three times the legal limit. Ms. Ellers read in full the MADD resolution recognizing Seal Beach police officers for their exemplary service to the community by the apprehension of impaired drivers during the period July 1, 1995 through June 30, 1996. Ms. Ellers presented commendations to officer Marcia Gordon for' twenty-nine arrests, Officer Ron LaVelle for thirty-five arrests, Officer Joe Miller for forty-five arrests, Officer John Scott, a Century Award winner, having made one hundred nine DUI arrests, and recognition of Reserve Officer Everett Babcock for assisting Officer Scott in attaining his arrest record. On behalf of the city Mayor Forsythe expressed appreciation'to the officers for making the city streets safe. I SEAL BEACH HISTORICAL SOCIETY - PHOTO CONTEST WINNER Mr. Michael Thomas, Seal Beach Historical Society, announced the winner of the recent Society sponsored "Visions of Seal Beach Through A Lens" photo contest, Ms. Dee MCCormick, Seal Beach resident, and presented her photo of "Slick", the seal sculpture at the pier, to the Mayor with a request that the photo be displayed at City Hall for all to enjoy. He noted that all photos will be on display at the Red Car in the near future. RESOLUTION NUMBER 4508 - RECOGNIZING GORDON SCOTT DIEHL - DEDICATED SERVICE - CITY OF SAN CLEMENTE Resolution Number 4508 was read in full by Mayor Forsythe entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH HONORING & RECOGNIZING GORDON SCOTT DIEHL FOR HIS DEDICATED COMMUNITY SERVICE" (City of San Clemente). Hastings moved, second by Fulton, to adopt Resolution Number 4508 as presented. 11-18-96 AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried RESOLUTION NUMBER 4509 - RECOGNIZING CANDACE HAGGARD - DEDICATED SERVICE - CITY OF SAN CLEMENTE Resolution Number 4509 was read in full by Mayor Forsythe entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL I BEACH HONORING & RECOGNIZING CANDACE HAGGARD FOR HER DEDICATED COMMUNITY SERVICE" (City of San Clemente). Brown moved, second by Hastings, to adopt Resolution Number 4509 as presented. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Russell Maguire, 15th Street, said he wished to advise the City Council and the community of some of the contributing factors that led to the methamphetamine drug lab locating in his neighborhood, next door to his home, which was discovered this past Saturday. Mr. Maguire noted a comment of a police officer that had there been a fire and/or explosion the chemicals within that house could have damaged homes within an area of three blocks. He described in some detail the background of this situation that commenced with a notice of default, the property was then abandoned, there was then a notice of trustees sale, the house was vacant for the next year, code enforcement was requested however neither the property owner nor the lender could be located therefore code enforcement could not be accomplished, a maintenance company had cleaned and secured the house and left their name and phone number in the event of emergency, an adverse possession company, often referred to as squatters, I declared the house to be abandoned, without the knowledge of the owner, subsequently the property was advertised, rented and tenants moved in. He said there were complaints from the neighborhood with regard to unusual hours, frequency of different vehicles, etc. yet no action was taken, and upon the settlement of litigation between the property owner and the lender the owner returned, found the house occupied and the drug lab activity. Mr. Maguire suggested that when the city is notified of a house being abandoned that a policy be established to have the house secured and monitored; when there is notice that a house is being taken over by a squatter rental company that there be a policy to confirm the legality of the takeover; when there is notice that a taken over house has been occupied that there be a policy to visit the house, contact the tenants, and if need be check the property periodically; and when there is notice that an occupied, taken over house has on-going unusual activities that there be a policy to investigate the situation immediately and fully. Members of the Council expressed amazement that this type of situation could occur in the midst of a residential neighborhood, that this should serve as a wakeup call, complaints Should be reacted to with more vigor, it was unfortunate that the City did not have the authority to investigate the resident concerns more thoroughly, and the importance of neighborhood watch was commended. Chief I Stearns encouraged all persons to remain vigil, stated concern that this type of situation is a precursor of things to come, and reported in the last year there has been an increase of methamphetamine drug labs in the populated areas of Orange County, the dangers of that very real, as opposed to previous locations found in non-populated areas. The Chief advised that he would be looking into the departmental procedures in responding to the reports that were made in this particular situation, as investigations are generally made in a timely manner to complaints to the degree that the law allows. He noted also that legislation is anticipated to deal with the I I I 11-18-96 squatter problem. The Chief confirmed that telltale signs of a suspect house may be unusual traffic, venting, possibly some odors, deliveries of bottles, chemicals, etc., however there are few exterior hints of illegal activity inside a house. Mr. Mark Hotchkiss, District Three, extended an apology to Mayor Forsythe, and stated his comments were directed to the agenda item relating tq the final determination for a Research Design and Investigation Program of archaeological sites located on the Hellman Ranch, which he deemed to be a thorough document that has been reviewed and commented on by the Coastal Commission, the state Office of Historic Preservation, three peer review archaeologists, the coastal band of Gabrielano Mission Indians, the Tonga Tribal Council, and the Mayor. He said Dr. stickel has updated the document based upon comments received yet it now appears that the developer wants Dr. Stickel removed, and when changes to the document suggested by the developer, in his favor, have been rejected by the archaeologist or the Archaeological Review Committee, the developer wrote his own Research Design. Mr. Hotchkiss stated that Design is known as the Mayors redline/strikeout version, written by the developer, as evidenced by 1) a memo from the developer in August which stated that he would not pay for a test phase in Gum Grove Park; 2) in June the developer requested that determination of the significance of an archaeological site be made not j4st by the archaeologist but also the landowner; 3) developer also attempted to delete the references to backhoe work done by scientific resource surveys; 4) developer attempted to have the definition of the original boundaries of the Hellman Ranch expanded; 5) and the developer questioned the inclusion of reference to Juaneno, Gloria carrillo, in the document. Mr. Hotchkiss claimed that besides those changes, the redline/strikeout document reverses the intent of the author, the archaeologist stated that because of the destructive nature of archaeology by backhoe only four artifacts survived the excavation, the developer's version states that only four artifacts were recovered, a clear attempt to minimize the importance of the site, the archaeologist also stated that of the several documented burials on the property only one was officially reported, the redline version states that there has only been one published report of a prehistoric burial in the City, another attempt to downplay the possibility of further burials. Mr. Hotchkiss stated that the claim that the archaeologist was going to charge a million dollars for archaeology on the Ranch was deceptive, rather, was a worst case estimate of the archaeologist, at the request of the developer, for complete test phasing for one of the largest sites, the amount determined by using the number of pits rather than the number of sites thus inflating that number by about a factor of twenty, that number continues to be referenced even though the error has been clarified, a concern also is the claim that the Archaeological Committee wanted to fence Gum Grove park, a claim that the archaeologist billed the city for $95,784.60 which is in fact a preliminary budget provided by the developer, comments made that there is no evidence of burials on the Hellman Ranch except for a metacarpal found by a prior archaeologist, yet information in the City is contradictory where there is reference to at least seven burials. To a question as to why the design methodology was removed from the redline/strikeout document with nothing inserted in its place, the response had been that it was too opinionated, to which Mr. Hotchkiss claimed there are no opinions, rather, a listing of scientific procedures and personnel, and each of those procedures cost money that the developer does not want to pay. He stated that the concern of the Mayor throughout this process appears to be the cost to the developer, a technique used by all developers is to minimize the significance of the site and the cost of mitigation, liability of the city due to the research design has 11-18-96 also been mentioned, to which he questioned city liability with an attempt to malign the professional reputation and remove the paid consultant and claimed this is being done because the archaeologist has done a good job, even before the test phase he has found more artifacts than all previous investigations, has discovered two new sites, expanded the boundaries of most of the sites, and may have discovered the location of an ancient house, I which he claimed scares the developer, as the remains of the house coupled with the remains of ash and history of burials indicates that this site may once have been an ancient crematorium, and if found to be true the site could be of such cultural significance that it may never be developed, which is the real reason for the attempt to remove this archaeologist. Mr. Robert McMahon, 6th street, stated he is an employee of a landscape architecture firm in Orange County and had submitted several street concept plans to the City that were reflective of the Specific Plan for Main Street, he became somewhat of a member of the Tree Committee as a result of having submitted those plans, however just became aware of the proposed agreement for design work for pier restrooms and Main Street improvements, his concern being that neither he or his firm had been notified of the request for qualifications for this project. Ms. Marjorie Kaye, Los Angeles, location manager for Heartfree Productions, stated the desire to film in Seal Beach for a period of three days on a private Ocean Avenue property, however the City's filming fee of approximately $2,000 per day is prohibitive for a small film production company, and requested that consideration be given to a one-time fee of $385 for productions under $5 million. Ms. Marilyn Hastings stated she had requested permission to leave her Council chair to more appropriately make her comments under Oral Communications. Ms. Hastings said she takes exception to and is disturbed by those I who would attempt to divide the City into two entities, north and south, such reference first made at a Council meeting, again in the local press. In jest, Ms. Hastings suggested that the Rossmoor Center and Montecito Drive could be designated North Seal Beach, East and West College Parks could be designated as their names suggest, Central Seal Beach would be a new designation for Leisure World, the Hill would become South Seal Beach, with Surfside and Old Town to be known as The Real Seal Beach. with the City so divided, she suggested that there then be observance of the areas becoming acrimonious and aggressively vying for one anothers tax dollars regardless of need, dissidents already suggesting that when a development impacts a specific section of the city that area should be entitled to any and all revenue it generates. Ms. Hastings emphasized that Seal Beach is one small town, one city, a cohesive entity sharing the common good of its residents from Surfs ide to Montecito Road, College Park West to College Park East, and promised she would let no one forget that. There being no further comments, Mayor Forsythe declared Oral Communications closed. COUNCIL ITEMS APPOINTMENT - CIVIL SERVICE BOARD - DISTRICT FIVE Councilman Fulton requested that the appointment to fill the District Five vacancy on the civil Service Board be held over. I CONSENT CALENDAR - ITEMS "F" thru "U" The City Manager requested an amendment to Item "0", the reimbursement agreement with Hellman Properties for preparation costs for Environmental and Fiscal Impact Reports, adding the words 'Development Agreement' to Section 1, Recitals, and that approval be subject to technical corrections deemed necessary by the city Attorney. Brown moved, second by Hastings, to approve the recommended action for items on the Consent Calendar as presented. I 11-18-96 F. 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. G. Proclaimed November 18th through November 22nd, 1996 as "Winter Weather Preparedness Week." H. Approved regular demands numbered 14142 through 14312 in the amount of $173,319.95, payroll demands numbered 19512 through 19700 in the amount of $258,633.96, and authorized warrants to be drawn on the Treasury for same. I. Approved the minutes of the October 28, 1996 regular adjourned and regular meetings. J. Received and filed the report relating to the Notice of Intent to Prepare an Environmental Impact statement (EIS) for the Disposal and Reuse of Marine Corps Air station El Toro, and directed that same be forwarded to the Planning Commission and Environmental Quality Control Board for information purposes. K. I L. Received and filed the Monthly Investment Report for September, 1996. Received and filed the Status Report regarding the South Coast Air Quality Management District 1997 Air Quality Management Plan (AQMP), requested staff to provide additional information to Council as deemed appropriate, and that this item be forwarded to the Planning Commission and Environmental Quality Control Board for information purposes. M. Authorized the Mayor to execute the Mutual Aid Agreement between the city and the County of Orange (Orange County Operational Area) for Building Damage Safety Assessment. N. Approved the introduction and first reading of Ordinance Number 1411 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 13-50(a) OF THE SEAL BEACH CITY CODE PERTAINING TO THE REMOVAL OF ABANDONED VEHICLES." By unanimous consent, full reading of Ordinance Number 1411 was waived. I O. Approved the Agreement for Reimbursement of Environmental Impact Report and Fiscal Impact Report Preparation Costs and Staff Support Services, Hellman Ranch, Seal Beach, between Hellman Properties and the City of Seal Beach, as amended to add the words 'Development Agreement' to Section 1, Recitals, and subject to technical changes by the city Attorney; approved the Agreement for Consulting Services - Hellman Ranch Specific Plan EIR Preparation between P & D Environmental Services and the 11-18-96 P. City of Seal Beach, and authorized the City Manager to execute same on behalf of the city. Adopted Resolution Number 4510 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE BOLSA CHICA MITIGATION PROJECT." By unanimous consent, full reading of Resolution Number 4510 was waived. I Q. Adopted Resolution Number 4511 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE CONFLICT OF INTEREST CODE." By unanimous consent, full reading of Resolution Number 4511 was waived. R. Adopted Resolution Number 4512 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING RESOLUTION NUMBER 4001, PROCEDURAL RULES FOR CONDUCT OF COUNCIL MEETINGS." By unanimous consent, full reading of Resolution Number 4512 was waived. S. Denied the claim for damages of Sandra Trepasso. T. U. AYES: NOES: Denied the claim for damages of Katherine Boucher. I Concurred with the recommendation of the interview panel with regard to selection of a consultant (RRM Group, San Luis Obispo) for the preparation of the Main Street Public Improvement Program in accordance with the proposed Scope of Services, and authorized the City Manager to enter into the appropriate implementing agreement. Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried PUBLIC HEARING - LOCAL LAW ENFORCEMENT BLOCK GRANT - USE OF FUNDS Mayor Forsythe declared the public hearing open to consider projects for the use of $12,556.00 Local Law Enforcement Block Grant funds available through the Bureau of Justice Assistance. The city Clerk certified that notice of the public hearing had been advertised as required by law, and reported that'no communications were received relating to this item. Chief Stearns explained that these funds are proposed to be used for uniforms and equipment for newly hired sworn Reserve Officers and Senior Volunteers and crime prevention programs, including those dealing with crimes against the elderly. He noted that I this Grant requires the City to provide matching funds equaling one-ninth of the Grant award, $1,395. Councilmember Hastings noted having observed a television camera designed for use in police vehicles during her recent attendance at the Safety Summit in Long Beach, the camera is attached to the rearview mirror with the sound feed located in a compartment in the trunk of the vehicle, the tape of which can be used as evidence, and inquired as to the cost of such equipment and how many would be needed. Chief Stearns responded that the County of Orange, Los Alamitos, and Newport Beach have that equipment in one hundred percent of their marked vehicles, Irvine, Costa Mesa and other I I I 11-18-96 cities are in the process of installation, the cost is between $7000 to $7500 per unit, the cameras effective in prosecution efforts and as an officer safety tool. Councilmember Hastings suggested that grants be looked into to obtained such equipment that in turn could save the city considerable money in litigations. The Manager stated there have been discussions relating to the cameras, that is an item on the Chief's list of requests, however grant funds have been limited and thus far used for more basic equipment. There being no further comments, Mayor Forsythe declared the public hearing closed. Fulton moved, second by Hastings, to accept the proposed use of the $12,556 Local Law Enforcement Block Grant for uniforms and equipment for Reserve Officers and Senior Volunteers and for crime prevention programs. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried REVISED RESEARCH DESIGN and INVESTIGATION PROGRAM - ARCHAEOLOGICAL SITES - HELLMAN RANCH The Director of Development Services noted that the staff report includes a recommendation from the Archaeological Advisory Committee to accept the Research Design for the Hellman project in its revised format submitted by Dr. Gary Stickel, the attachments to the staff report include minutes of Archaeological Committee meetings from September to November 12th, some in draft form, and it was pointed out that several changes have been made to the document based upon comments received during the review process as required by the City's Archaeological Element of the General Plan. He recalled that the Council received the initial recommendation from the Committee on August 26th with the version of the document at that time, that being prior to the thirty day public review process, on August 26th the ~ouncil also received comments from the Coastal Commission, the State Office of Historic Preservation, two Native American organizations, and a redlinetstrikeout version of the Research Design from the Mayor. The Director expla~ned that the Coastal Commission at that point had said that since the test phase would disturb more than two square meters of surface land area, a peer review of the Research Design was required pursuant to Commission guidelines, the peer review by three archaeologists was authorized by Council, those comments have been reviewed by the Archaeological Committee and Dr. Stickel, the comments and response by Dr. Stickel included with this staff report as well, and noted that the staff report highlights the areas where there appears to be substantial concerns expressed by the peer review archaeologists, professional disagreements, and where there is no change to the Design document. As to the options of the Council to either approve or disapprove the Research Design, Councilmember Hastings asked if the document could simply be received and filed. The Director likened a receive and file action to disapproval, also stated he did not believe that would be sufficient for Coastal Commission purposes, another option would be to request further work on the document. The Manager stated that staff is in need of direction as to how the Council wishes to proceed, and offered that there remains some serious concerns with the Research Design as presented and conflicts with the peer review. The Manager noted that one option could be to start this process over utilizing whatever data there is thus far, and confirmed that a charge has been made each time changes or addendums have been requested. Councilman Brown expressed his opinion that the Research Design is not what he had anticipated and he could see no conclusion to this document. Mayor Forsythe offered to respond to the accusations made by a speaker earlier in the meeting if the Council so desired. The 11-18-96 Mayor pointed out that the California Coastal Commission requires that prior to an excavation permit being issued, the Research Design must be in compliance with the peer reviews, of prime importance is the methodology, in this case there are three archaeologists recommending one method and the preparer of the Research Design proposing another method. She noted that the Research Design has been returned for revision three to four I times thus far, that document was estimated to cost about $1,600, yet has now cost approximately $3,000 with the revisions. The Mayor recognized the time and effort devoted to this document by the Archaeological Committee, and expressed a desire to work with that Committee to obtain an qualified archaeologist, have the Design done correctly and within the boundaries of the contract. Ms. Joan GOldberg, Committee member, agreed that the Committee has worked conscientiously on this document along with Dr. Stickel, stated she felt to send the document back to the Committee as it exists or with suggestions would be wrong, the Committee has submitted its recommendation in support of the document, Dr. stickel has answered the questions of the peer review, however it is within the discretion of the Council to take whatever action is felt appropriate. Forsythe moved, second by Hastings, to not accept the Research Design as presented. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried Mayor Forsythe restated her desire to work with the Archaeological Committee to retain an archaeologist that will work with the Committee and the City Council in a cohesive I manner, with communication and trust, to develop a Research Design that is in compliance with the Archaeological Element of the General Plan and within the contract of the City. Brown moved, second by Fulton, to place in the form of a motion the suggestion of Mayor Forsythe. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried Mayor Forsythe noted that there is not a rotation of archaeologists at this point, it is understood however that some members of the Committee have names of qualified archaeologists, the Committee may have other suggestions, and recommended that an RFP be prepared for that purpose. The Director offered that an item could be placed on the Committee agenda for their meeting of December 4th. Councilman Brown suggested a memo be provided to the Committee explaining the action of the Council. CITY MANAGER REPORTS Mayor Forsythe reported having received a number of calls regarding the financial situation and the proposed closing of e library an additional day. The city Manager reported having received many calls as well. He stated that the proposal that will be presented to the Board of Supervisors in January will be I to close the library a third day each week, explaining that the libraries in the city are in fact part of the County library system. The Manager recalled that the Board adopted a budget approximately six months ago that kept library services at the present level, a $3 million deficit budget utilizing all of the monies in reserve, however the participating cities became concerned and a consensus of the Orange County League was that the County be asked to balance the library budget by mid-year, the Library System in turn sent proposals to each of those cities advising of the shortfall and the amount needed to keep each branch open, Seal Beach was just under $88,000 for the full I I I 11-18-96 five days per week, the alternative was to reduce service by one day per week and eliminate the adult reference library. Since that time a meeting has been held with the Friends of the Library, the budgetary problems were explained, an appeal was made to the County Librarian to look to other means to keep the library open, reduce staff, make use of volunteers, the response was that it was believed the library could be kept open the fifth day for approximately $40,000 with the deletion of the adult reference library, maintaining the childrens program, librarian, and current basic services. He pointed out that funding for the libraries has decreased considerably over the past five years, the use of volunteers has increased dramatically to about one thousand three hundred, yet a basic staff is required for accountability, liability, continuity, etc. The Manager stated his be~ief that funding needs to be a community effort, the City can not assume the responsibility for the County library system yet can be part of a solution. He noted that the League voted down the budget deficit plan at their last meeting. Considerable discussion followed with suggestions being made to request voter approval of a $2 or $3 per year tax to maintain the libraries, to request donations to the library on a vOluntary basis, a concentrated effort, with the cooperation of the city, to raise funds, a proposal made previously to place a $10 assessment on the property tax bill for the library, the diversion of filming monies to support the library services, donations made through a Library Foundation with assurance that all monies are for that purpose, etc. To some of those suggestions the city Manager said he felt certain that if the community were to raise the needed $40,000 the County would accept that initially without the security of a voter approved tax, the filming fees are basically cost recovery and most likely would not generate sufficient monies, also, a business person has approached the City offering to produce a mailer for a fund raising effort to benefit the library. Mayor Forsythe again stressed that the Council and staff need to become involved in this effort, and members of the public were invited to contact the Councilor City staff. The city Manager announced that the berm is going up this.week and it is hoped that a delivery of sand will be forthcoming in a few days. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Ms. Barbara Wright, Crestview Avenue, stated the Mary Wilson Library serves all people, introduces good literature to pre-schoolers, is an information resource for students of all grade levels, a home for the community of all ages, the library stimulates people, shows where we have been, what we might want to become in the future, without a library the values of the community are lowered. She mentioned that the Mary Wilson Library was constructed in 1978, was open six days a week, however with the County cutbacks the days and hours have been seriously reduced. Ms. Wright spoke positively of a community fund raising effort in support of the library, utilizing the advisory group to the Friends of the Library is possible, filming fees could be looked at, if the clubs and organizations are made aware of this crisis they will hold fund raisers and those monies can be placed in a Mary Wilson Library 'found' account, a thermometer symbol can measure the community's effort to reach the goal, and concluded that a way will be found to raise the needed money. As a point of information Councilman Brown noted that there are three libraries in Seal Beach, the Rossmoor Branch which has become the responsibility of Los Alamitos, the branch near Leisure World that was purchased by Leisure World, therefore the focus needs to the on the Mary Wilson Branch. The Mayor said she believed that many people are not aware of the crisis, possibly information could be sent home with the McGaugh students. As to the Council attending the December 5th Friends of the Library 11-18-96 meeting, the city Attorney advised that would not be a conflict under the Brown Act. There being no further comments, Mayor Forsythe declared Oral Communications closed. COUNCIL CONCERNS . Councilmember Campbell made reference to numerous writings by Bixby supporters over the last few months regarding proposed I projects in the north portion of Seal Beach, claimed many contained misinformation regarding her position and statements attributed to her that she did not make, the signors of some letters admitting that they did not write them, and it is felt the author is one individual. Beyond the libelous statements, Ms. Campbell said she was saddened that this issue has set the people of College Park East against each other, attempts to divide College Park East from the remainder of the city, and where in the past goals have been met as a result of a united effort, in this case these few people do not speak for College Park East, rather themselves. Misstatements have even been made regarding the Hellman project as well, however the people she has talked with are enthusiastic and feel the proposed project is a good use for that land given the constraints. Councilmember Campbell stated many people do not understand the process for a development proposal, that process requires public hearings, a process she would not thwart by taking a position on a proposal, nor would she compromise the right of anyone to be heard. Councilmember Campbell announced a workshop scheduled for December 5th in the Council Chambers at 7:00 p.m. to discuss land uses and the development proposal process. Councilman Brown mentioned the Veterans Day program in Leisure World where a gentleman constructed the American Flag from the thirteen stripes to the way it exists today, which he deemed to have been I a wonderful program, and announced that the program will be reshown on the cable channel in the near future. He noted that the Los Alamitos Medical Center has provided the Police Department and the Community Service Centers with a large supply of band aids and first aid kits for their use. Councilman Brown announced that the wall along the freeway at the northerly boundary of Leisure World is scheduled for construction in early 1997. Councilmember Hastings announced that the Christmas Parade will be held Friday, December 6th. Mayor Forsythe mentioned that the notice of the upcoming street resurfacing alludes that residents will not be able to access their homes for about three weeks. The City Engineer acknowledged that the notice was somewhat misleading in that the time period cited was for the entire project, the project has two phases, grinding and then paving on one-half of a street at a time, there is residential access during the grinding phase, yet driveways will be inaccessible during the paving process, the concern is cars parked on the street however signs will be posted as to the grinding/paving date and an inspector will be on-site. Mayor Forsythe suggested that the refuse containers be placed on the driveway pad to curtail the overlay from being tracked onto the driveway by a vehicle. The City Engineer advised that if that should occur the driveway can be cleaned. Councilman Fulton reported the resurfacing of all Leisure World streets has been completed. With regard to the chainlink fence around the I property located at Pacific Coast Highway and Balboa Drive, the city Attorney reported receiving a call from the property owner last week indicating he wished to pursue a building permit for the fence however the City Manager has indicated the fence location is not acceptable, and at this point an effort will be made to resolve the issue before going to court to enforce the Code. The Manager reported the estimate for a block wall with a retaining wall on the subject property was $20,000, however other significant issues relating to that property include grading, drainage problems, etc., the property owner indicated a willingness to do that work, however at this point the deadline I I I 11-18-96 has expired to remove the fence or obtain building permits. The Mayor noted that although the property is for sale, that could be some time to come, and the property impacts the adjoining neighborhood. The Manager noted this situation may lead to prosecution for construction of an illegal fence without building permits. It was pointed out that placing a lien on the property would only be after exhausting all other resolutions of the problem and considerably into the future. The City Manager again reported that the annual sand berm is being constructed on the east beach, the 15,000 cubic yards of sand for replenishment is anticipated shortly pending the state grant for a large quantity of sand, and an interim protection measure for Surfs ide may be the moving of sand from Sunset Beach to Surfs ide pending the Army Corps dredging project for that area. The City Engineer reported having learned this date that the contractor for the Surfside sand moving plans to mobilize on-site by Thursday this week. The Manager advised that the consolidated police dispatch will be presented to Council at the next meeting, at this point appearing to be favorable for Seal Beach. To an inquiry of Councilman Brown, the Manager acknowledged that the Rossmoor wall was approved by the voters, the LAFCO proceedings will go forward to place the approximate nine hundred linear feet within the County Community Services District, and that process should now be greatly simplified. Mayor Forsythe announced that the regular meeting of November 25th, prior to Thanksgiving, will be canceled. It was the order of the Chair, with consent of the Council, to recess the 7:00 p.m. meeting and reconvene the 6:30 p.m. regular adjourned meeting to meet in Closed Session for continued discussion of the item identified on the agenda. The meetings recessed and adjourned to Closed Session at 9:07 p.m. The 6:30 p.m. meeting reconvened at 9:38 p.m. with Mayor Forsythe calling the meeting to order. The city Attorney reported the Council had discussed the item previously announced. The regular adjourned meeting was adjourned by unanimous consent at 9:39 p.m. It was the order of the Chair, with consent of the Council, to cancel the November 25th, 1996 regular meeting and adjourn same to Monday, December 9th at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the adjourned regular meeting was adjourned at 9:39 p.m. Approved: _~, /~A~-r-/J' Ma or Attest: