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HomeMy WebLinkAboutCC Min 1995-03-13 2-27-95 / 3-13-95 boards and committees, especially when problems exist within a committee, citinq the fact that the members serve in qood faith, volunteer their time and knowledqe, and said she would hope it does not occur aqain. ADJOURNMENT It was the order of the Chair, with consent of the Council, to I adjourn the meetinq until Monday, March 13th, 1995 at 6:30 p.m. The meetinq was adjourned bY~imOUS consent at 8:06 p.m. ( // ?fIY7 ( /' \.~d.uu ,: / ~ ~ ~ City', lerk and(ex-offic~Qierk of the City/of Seal Beach . , v Attest: Seal Beach, California March 13, 1995 I The City Council of the City of Seal Beach met in reqular adjourned session at ~:30 p.m. with Mayor Brown callinq the meetinq to order. ROLL CALL Present: Mayor Brown Councilmembers Doane, Forsythe, Hastinqs, Laszlo Absent: None . Also present: Mrs. Yeo, City Clerk APPROVAL OF THE AGENDA It was the consensus of the Council to approve the aqenda as presented. CLOSED SESSION It was the order of the Chair, with consent of the Council, to adjourn to Closed Session to discuss the item listed on the aqenda pursuant to Government Code section 54956.9(a), existinq I litiqation of the city of Seal Beach/Sierra Club versus County of Oranqe. The Council adjourned at 6:31 p.m. The Council reconvened at 7:02 p.m. with Mayor Brown callinq the meetinq to order. The city Attorney reported the Council had discussed the item on the aqenda, q~ve direction with reqard to a settlement conference scheduled for March 14th, and no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meetinq at 7:03 p.m. I I I 3-13-95 ,~ clerk of the Appr~'" J:r.<4~-d Mayor Attest, C},~ /n~ ~ ~ Seal Beach, California March 13, 1995 The city Council of the City of Seal Beach met in regular session at 7:05 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brown Councilmembers Doane, Forsythe, Hastings, Laszlo Absent: None Also present: Mr. Bankston, City Manager Mr. Barrow, city Attorney . Mr. Whittenberg, Director of Development Services Mrs. Stoddard, Director of Administrative Services Mr. Seymour, Director of Community Services Mrs. Yeo, City Clerk APPROVAL OF AGENDA Councilman Laszlo asked that Item "I" be removed from the Consent Calendar and that Item "M" be moved to the beginning of the agenda. The City Manager requested that Item "I", the resolution setting policies and procedures governing the reservation of City parks and athletic fields, be-removed from consideration at this meeting. To Item "N", the public hearing relating to a development agreement for 322 Main Street, the City Attorney advised that staff has been unable to contact the applicant therefore it would be recommended that Item "Nn be continued until the n~xt meeting. Forsythe moved, second by Laszlo, to approve th~ agenda as revised.~ ... AYES: Brown, Doane, Forsythe, Hastings, Laszlo NOES: None Motion carried .' ITEM "M" - RESOLUTION NUMBER 4370 - HONORING STEVEN JOSEPH - OLIVER - EAGLE SCOUT AWARD "' Mayor Brown read Resolution Number 4370 in full entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING STEVEN JOSEPH OLIVER FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD." Laszlo moved, second by Hastings, to adopt Resolution Number 4370 as presented. 3-13-95 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried The Mayor and Councilmembers commended Steven Oliver for his accomplishments, the Resolution to be formally presented at his March 25th Court of Honor. PRESENTATION - LONG BEACH NAVAL BASE CLOSURE COMMISSION Mr. Bill Gurzi, Chairman of the Southern California Committee to Save Our Shipyard, spoke to the recent placement of the Long Beach Naval Shipyard on the base closure list, and requested assistance from the City of Seal Beach to further pursue saving the Long Beach facility now that it is known the Seal Beach Naval Weapons Station was not placed on the closure list. He recalled that in 1991 and 1993 the Shipyard was not on the Navy'S recommended closure list, and in defending against the Yard's closure to the Base Closure commission, who had placed the Yard on the list, there had been support from the Navy since the documentation on all of its facilities was portrayed accurately and honestly, especially in regard to Long Beach. In 1995 the Shipyard is on the list, none of the criteria, the facilities, or infrastructure has changed, yet the numbers no longer add up, news reports ranked Long Beach as once being third in military value among the eight Navy shipyards in the country, is now ranked barely fourth among five, and inasmuch as the statistical data is now public and when data is added that the Navy did not include, the Yard is still third by a wide margin over Pearl Harbor, therefore the Navy is going to have a difficult time justifying its actions before the Commission. He added that the money earmarked as a savings by the closing of the Long Beach Naval Station, the Naval Hospital, and the Alameda Naval Station in Northern California is planned for expenditure in San Diego and Washington State to create two Navy mega-ports, that was not the.intent of the Base Closure Committee and should not be the intent behind closing the Long Beach Naval Shipyard. He cautioned that there is nothing to say that the Navy will nO'L produce justification in 1997 or thereabouts to close the Naval Weapons Station, Seal Beach. Mr. Gurzi requested that Seal Beach join the Save Our Shipyard group, contribute in-kind in an effort to continue lobbying efforts, and pointed out that by using the figures that are now pUblic, the Shipyard has moved up by six points by the Navy's rating system, a Washington, D. C. firm has been retained to review those numbers and prepare a justification from an inside the Navy point of view as to what the Navy did wrong in recommending closure of the Long Beach facility. He noted that Base Closure law is extremely specific as to how the military must justify its closures, and once the argument is prepared and submitted into the process there is legally no means for the closure of Long Beach, the intent being to preserve the three thousand one hundred ~rimary jObS, seven thousand secondary jobs, and the income and contracts of this region. Councilman Laszlo reported that he and two members of the local Base Preservation Committee met recently with Mr. Gurzi to discuss what could be done to assist Long Beach such as providing information to the local citizenry, making contacts in Washington, D. C., efforts are being made to seek support from the Orange County Division of the League of Cities, etc. To a question of Councilman Doane, Mr. Gurzi indicated a willingness to address the League of Cities. ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Mr. Jim Caviola, Ocean Avenue, requested that the subject of a police substation in the vicinity of pier be revisited. He cited incidents of graffiti, violent acts, and hesitation on the part of residents to walk the pier or downtown streets during evening hours as I I I I I I 3-13-95 justification for such a station. He mentioned how rapidly the lifequard tower was rebuilt after being damaged by fire, also objected to the encroachment of lifequard facilities into the beach parking lot. Mr. Caviola called for more police presence near the pier, especially during the summer season, with a substation incorporated into that area, and suggested that staff look at a similar facility in Redondo Beach. Mr. Marty Mahrer, Pansy Circle, said they, PROBE, wished to make an appeal to the Council with regard to the DEIR for the proposed Bixby project. He noted that petitions are being signed by people of College Park East, downtown, Rossmoor, and Los Alamitos, the objectives are that the EIR should be as accurate as possible, the document should be available to the public at least three weeks prior to the Environmental Quality Control Board meeting, and that it be user friendly pursuant to CEQA 15150 and 15151. In reference to the December meeting 3t which the DEIR was discussed, Mr. Mahrer said it was attended by few Seal Beach residents, the meeting was during the holiday season with very little notification of it. Mr. Mahrer said PROBE was organized in an effort to provide a source of information for residents having concerns with the Bixby proposal, that it is difficult to obtain information and there is no assistance from city staff, which he said he wanted to change. He stated.in reviewing the DEIR, the Aries report, FAA letters, etc., many discrepancies of data as well as omissions have been found, PROBE is concerned with the lack of information pertaining to the crash zones or more correctly the lack of crash zones, mitigation with regard to traffic congestion on the Seal Beach Boulevard and Lampson Avenue areas caused by the project, a problem with persons living under the runway path, aircraft noise, etc. He cite.d the DEIR as pathetic, PROBE wants an accounting, and it is their goal to have the most complete and accurate data before the Council when the Bixby proposal/EIR is considered. Mr. Bruce Stark, Seal Beach, questioned the lack of reference to a prior agreement with Bixby that the golf course was to provide for the - absorption of water in order to prevent flooding of the freeways as a result of the College Park East deve~opment, and called for the agreement and the. affect on the freeways to be addressed and reviewed by CalTrans. He questioned the lack of response to a question posed at the last meeting as to the City's bond rating given the Orange County financial situation, questioned also the need for an eleven percent utility users tax if in fact monies will be available to meet an upcoming debt payment on a $2 million note. Mr. Robert Campbell, Elder Avenue, was critical of the presentation and lack of information forthcoming from the most recent meeting relating to the Bixby proposal DEIR. Mr. Campbell cited his neutral position on this matter, and stated his willingness to attend future meetings to gather information on both sides of this issue. As a point of clarification, Councilmember Forsythe cited the referenced meeting as being somewhat controversial, the City Manager had been cautioned that anything he spoke of would come back to h~unt, he was barred from addressing the pros and cons of the project because as City Manager he must remain objective as to the EIR, the presentation was only to review th?, procedure and format as to how the city will go through all documents. Councilman Laszlo noted it was the Homeowners Association that requested. the presence of the City Manager, the environmental document was still in the preparation stage, therefore the Manager could only speak to the process. Mayor Brown cautioned against comments of the Council during Oral Communications and declared a brief recess at 7:35 p.m. after which the ~eeting was reconvened. Councilmember Hastings explained to the previous speaker that the meeting referred to was meant to be in(ormational.only, and cited an EIR as rather dry reading material. Ms. Dorothy Whyte, College Park East, stated the College Park East Neighborhood Association has tried to present informational meetings for the public, and it 3-13-95 is likely other groups of people could do so as well. She noted that the meeting had been scheduled prior to the Environmental Quality Control Board concluding their review of the DEIR, the city Manager was restricted from speaking to many issues, which he explained at the commencement of the meeting. Ms. Whyte stated she has encountered no problems obtaining information from City staff. She expressed respect for the PROBE group, in 1- that everyone has a right to their opinion, and she would request the same consideration and respect; she reported witnessing the gathering of petition signatures and said she would challenge the validity of some, the flier being shown did not address the EIR; said the literature of PROBE is not factual; the Advisory Committee has only been gathering facts and has not distributed fliers; invited PROBE to work together as a community to gather facts relating to the proposed development; and objected to changing the venue of the Planning Commission meeting as City business should be conducted at City Hall. Dr. David Rosenman, Seal Beach, expressed dismay at the undercurrent of disco~rtesy at this meeting, the conduct inappropriate as to the manner in which people deal with one another. He noted that the presentation of the City Manager at the referenced meeting had been adequate, although not stimulating, and as Councilmember Forsythe indicated, stated there is chapter and verse of ample detail when one tries to polarize the city before the facts are known and where a court could force acceptance of a project if each step of the process is not precisely followed, another lawsuit is not needed, and thus far City representatives are doing whatever is correct to follow the proper process. There being no further comments, Mayor Brown declared Oral Communications closed. COUNCIL ITEMS NEWS ARTICLES Councilman Laszlo made reference to a recent news article that stated a citizens group may support the Bixby plan, his picture included with the article, to which he stated he is neither for or against any of the plans and is still studying them. I CONSENT CALENDAR - ITEMS "c" thru "M" Hastings moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented, except Item "I", which was removed from the agenda, and Item "M", considered under presentations. C. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers unless specific request is made at that time for the reading of such ordina~ce or resolution. D. Approved the minutes of the February 27th, 1995 regular meeting. E. Approved regular demands numbered 8227 through 8255 in the amount of $174,440.86, payroll demands numbered 10648 through 10816 in the amount of $277,499.20, and authorized warrants to be drawn'on the Treasury for same. I F. Denied the claim for indemnification on behalf of the County of Los Angeles as it relates to a claim for damages of Kathryn Letson, and referred same to the City'S liability attorney and adjuster. I I I 3-1.3-95 G. Denied the claim for damages o~Ms. Eden Y. Johnson and referred same to the city's liability attorney and adjuster. H. Received and filed the Monthly Investment Report as of January 31, 1995. I. Tabled Resolution Number 4313 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SETTING POLICIES AND PROCEDURES GOVERNING THE RESERVATION OF CITY PARKS AND ATHLETIC FIELDS AND THE RULES GOVERNING THEIR USE." J. Adopted Resolution Number 4368 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE RECEIPT OF A $55,000 GRANT FROM THE CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS FOR THE PURCHASE AND INSTALLATION OF TWO NEW DIESEL MARINE ENGINES ABOARD THE CITY'S LIFEGUARD OCEAN RESCUE BOAT." By unanimous consent, full reading of Resolution Number 4368 was waived. K. Adopted Resolution Number 4369 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, DECLARING BY AUTHORITY OF SECTION 1.010 OF THE CITY OF SEAL BEACH CHARTER THAT INVITATIONS FOR BIDS FOR REPAIR OF THE FIRE DAMAGE TO SEAL BEACH MUNICIPAL PIER SHALL BE BY NOTICE TO ALL BIDDERS AND CONTRACTORS FROM THE PRIOR FIRE REPAIR BID." By unanimous consent, full reading of Resolution Number 4369 was waived. L. Approved the West Orange County Water Board Service Connection Billing Agreement and authorized the execution of same. M. (Approved under the heading of Presentations). AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - DEVELOPMENT AGREEMENT - 322 MAIN STREET Upon the arrival of the applicant, Mr. Bennett, Mayor Brown declared the public hearing open to consider a Development Agreement for 322 Main street, an Off-premise liquor to restaurant use. The City Clerk certified that notice of the pUblic hearing had been advertised and mailed as required, and reported no communications received either for or against this item. The Director of Development Services presented the staff report and actions of the Planning Commission approving same, and noted that at the time of approval the Commission had indicated concern as to the clarity of the language as it relates to the calculation of credit provisions and determination of further costs of future parking spaces. He stated that upon further review of the document it was found an error had been made as to one provision of the agreement, a revised Section 1.2.2 provided to the Council at this meeting which reflects, in anticipation of a future AB 1600 parking implementation progra:l, credit for the actual cash dollars paid by the developer as part of the mitigatio~ fund and not including credits normally granted for increased property tax and sales tax revenue based upon the change of ownership of the property and increased sales over the previous use. He 3-13-95 expressed belief that the revision of section 12.2 addresses the concerns of the Planning Commission, and reported that the developer has accepted the change. Mayor Brown invited persons wishing to speak to this item to come to the microphone and state their name and address for the record. Ms. Sue Corbin, Seal Beach, stated her opinion that I persons should not be required to give their address. Ms. Corbin said the reason for resorting to a development agreement ~ is because the project does not fit within the zoning, that for the reason there is inadequate parking, seven to eight parking spaces is insufficient, and the in-lieu fees must be used within five years or returned to the person who paid those monies, without the parking the project is inappropriate. There being no further comments, Mayor Brown declared the public hearing closed. ORDINANCE NUMBER 1391 - DEVELOPMENT AGREEMENT - 322 MAIN STREET Ordinance Number 1391 was presented to Council, as amended, entitled "A RESOLUTIOil OF THE CITY OF SEAL BEACH APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND RON BENNETT FOR THE 322 MAIN STREET PROJECT (VARIANCE 94-7)." By unanimous consent, full reading of Ordinance Number 1391 was waived. Hastings moved, second by Forsythe, to approve the introduction of Ordinance Number 1391 with amended section 12.2 and that it be passed to second reading. The City Attorney recommended that Section 2 of the Ordinance be corrected to reflect the date of March 13, 1995 rather than February 27th. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried REOUEST - PLANNING COMMISSION HEARING - BIXBY RANCH DEVELOPMENT - NORTH SEAL BEACH COMMUNITY CENTER The Director of Development Services presented the staff report relating to a request of Commissioner Campbell to conduct at least one public hearing on the Bixby project, including the Environmental Impact &eport and development approvals, at the North Seal Beach Community Center, the thought being to hold the initial hearing in the Council Chamber and with the anticipation that the Commission will not conclude receiving testimony in one meeting, that the second meeting be held closer to the project site at the North Seal Beach Community Center. A communication from the City Attorney's office explained that the regular Commission meetings a=e required to be initiated in the Chambers, alternatives could be to commence the meeting in Chambers then adjourn to another location on the same evening, or hold the regular meeting in Chambers and adjourn to a date and time certain at a different location. Some concern of the Commission had been'expressed that by moving the meeting to the North Seal Beach Center the capability of a live cablecast would be lost, to which he reported that the meetings can be taped by the cable provider however they can not provide a live broadcast from an outside location, Comcast has offered that for a one time only meeting they would waive their normal charge of $1,000 per meeting to televise and tape that meeting, if there were to be more than one meeting the unbudgeted cost needs to be kept in mind, another issue could be whether the Council felt it appropriate to hold another meeting elsewhere. He mentioned as well that Commissioner Sharp indicated that if there were such a degree of community concern to hold a meeting at the North Seal Beach Center to acco~nodate College Park East, Rossmoor and Los Alamitos residents, there is likely a number of Leisure World residents that would also warrant a meeting within that area of the community. The Director reported that the Commission had determined to forward this issue to the Council for determination and direction to staff. Councilmember Laszlo I' 1- I I I 3-13-95 inquired if the Planning Commission approved the concept. The Director responded that the Commission did not take a formal vote on the concept however it is believed that a majority of the Commission felt it would be appropriate to hold a meeting elsewhere from City Hall, the motion made was to seek Council direction. Councilman Laszlo recalled full Council Chambers at previous hearings, expressed his belief that the upcoming consideration will draw many people, the North Seal Beach Center is closer for the citizens, the capacity of the Center is greater than that of the Council Chambers, it is closer to the project site, there are also options to the television costs, no coverage, as there is no legal requirement to do so, a video camera, Comcast does provide a single camera coverage at no charge, or the $1,000 cost. Councilman Laszlo moved to allow the Planning Commission to hold a public hearing on the Bixby proposal at the North Seal Beach Community Center. Mayor Brown seconded the motion. Councilmember Forsythe noted that at times when there is a hearing on a controve~sial issue the pub~ic often has important information to offer at either the Planning Commission or Council level, a concern is that this would be a meeting in addition to the reqularly scheduled meetings, the Commission legally required to hold their reqular meetings in the Chambers, it is felt that to adjourn to another night will not allow the pUblic access to information that they are accustomed to receiving from Council Chambers, 'members of the Council would not be privy to all information if the meeting were not televised, therefore it is imperative that all of the public hearings on this matter be televised in the reqular format. She noted that College Park East is a part of this community, the distance to travel from College Park to City Hall should not be a consideration, a precedent will be set for meetings to be held outside of the Chambers and on other than regular meeting nights, as an example pUblic access is not available to hold meetings in Leisure World, cost is a concern, rental of a public address system being one example. Councilmember Forsythe said she wished to have th9 Bixby proceedings go smoothly, if it takes more than one evening to hear public comments at the Planning Commission level the hearing will be continued, it should be cont~nued in this building, it should be televised, properly amplified, and all persons of this community should have access to comments of the Planning Commission, city Council, and members of the community. She emphasized her concern that vital information could come. forward during the proceedings that would not be allowed as part of the public record because some representatives may not have heard it, all information needs to be considered, documented, and available to every voting member regarding the project. Mayor Brown spoke for holding as many meetings as is deemed necessary to obtain public input on this issue, the meeting can be videotaped and run on Comcast to allow everyone the opportunity to view it, and should a meeting be desired in Leisure World access could be provided without a problem. Councilman D~ane countered with his belief that holding a public meeting in Leisure World, which must be available to all persons, would pose a problem, particularly with regard to security, obj~cted to the idea of setting a precedent, Council Chambers being the designated meeting place, equipped to handle all kinds of meetings. Councilmember Hastings asked if McGaugh School could be an alternative location if the number of attendees required relocation, to which Councilman Laszlo again cited the North Seal Beach Center as closer to the project and the affected residents, stating that the request is for only one meeting at the Center. To a question of Councilmember Hastings, the city Attorney confirmed that if the commission'were to hold such adjourned meeting it would be the same as.if it were held in the 3-13-95 Chambers. Councilmember Forsythe explained that her comments were meant to be in the best interest of College Park East residents, her concern being that if the meeting is held outside of Council Chambers it will not have the formality if held in the Community center, the acoustics will likely not be good, citing past experience with microphones and amplification in that facility, a video will not be shown on the regularly 1 scheduled time therefore people will not have the opportunity of - the input, and if not taped it would be a waste of the pUblic's time because their concerns will not be heard. AYES: NOES: Brown, Hastings, Laszlo Doane, Forsythe Motion carried The Mayor suggested arrangements be made to show the consecutive meeting tapes on the Sunday of the regular rebroadcast. Councilman Laszlo clarified that the meeting to be held at the North Seal Beach Center will be a second public hearing session on the Bixby proposal. Staff offered to coordinate the meeting with Comcast, with thg various options presented for Council consideration. REPORT - PIGEON FLOCKS - MUNICIPAL PIER The city Manager presented the staff report relating to concerns expressed relative to the increasing flock of pigeons in the area of the municipal pier, that primarily due to the feeding of the pigeons by the public, and noted that the feeding of wild birds is prohibited by City ordinance. He reported that staff has found the city is incurring fairly significant maintenance costs in the pier area relative to the cleaning of fountains, benches, etc., the area has been posted prohibiting the feeding of pigeons, enforcement of the ordinance will now commence, which does provide for citation of violations. He noted that staff contacted various organizations and schools to explore various ways to discourage the increase of pigeons, food that affects sterilization is one method however results of that are not realized for about three to four years, relocation is a possibility yet quite expensive, and individuals contacted indicated that prohibiting the feeding of the pigeons does not starve them as they seek new feeding a~eas as a qatural instinct. He pointed out that the impact of pigeons versus seagulls is quite different, the problems associated with maintenance of facilities is definitely the result of the pigeons, and there are health concerns as well. The Manager requested Council acceptance of the posting of the area, concurrence with the enforcement of the City ordinance with fine and citation authority, and commencement of a public education program. There was an indicated consensus of the Council to implement the steps as recommended by staff. BOND RATING I ORANGE COUNTY BANKRUPTCY In response to an inquiry at the last meeting, the City Manager explained that the City has two bond issues, one being the TRAN, an annual issue and payback on a fiscal year basis, the last issue received a MIG-1 rating, that the highest that can be achieved on a TRAN, as compared to no rating four years ago and a MIG-2 rating the past two years, Standard and Poors and Moody'S have been provided with the City'S cash flow information and all indications are that that rating will not change. The Agency has two bonds, a 1986 $2 million issue carrying a AAA rating, a 1991 issue having a BBB plus rating, both bonds were placed on credit watch the day following the County bankruptcy, Seal Beach was the first city in orange County to achieve the removal of the credit watch, and there is no change in the bond rating of either issue. There is also a 1968 revenue bond for water improvements that has a BAA rating and continues at that rating. Again, information has been provided to the bond rating '1- I' I I I 3-13-95 agencies, discussions have been held with them and given the importance of a rating as it relates to future' issues and interest, no concern has been expressed by either firm cash flow is better than it has been in a number of years, ~nd the rating on all bond issues remains the same. As to the bankruptcy, the Manager said it is hoped a resolution is soon forthcoming, the Pool Participants Committee has been active through the bankruptcy court, the County approved a settlement plan as proposed by the Business Committee outside of the bankruptcy process, the Pool Participants Committee is within a few days of presenting its proposal to the courts, there has been discussions with the Debtors Committee, there appears to be support for the proposal, and previous indication had been that if the Pool Participants and Debtors Committees could come to agreement on the settlement that would be looked upon favorably by the court. The Manager explained that the proposal would provide for a one "hundred percent"return of the funds through a series of processes, the pool has been restructured, most of the holdings liquidated and reformed in securities and/or cas~ in short term investments, brought to a point where there is real value on the present holdings to an equivalent of seventy-seven cents on the dollar. He noted there are settlements in discussion and court actions where the settlements fail that will produce an additional three to five cents, there has also been a recognition on the part of the County that there was some misreporting of interest yields which is owed back to the pool participants, within thirty to forty- five days of court acceptance of the settlement agreement the City should receive approximately eighty-five cents on the dollar along with a two-tiered system of secured notes that is to generate the remaining fifteen cents over the medium and long term, the specifics of which are not yet fully evaluated. In that the County is involved in two bankruptcies~ the pool and the County, there needs to be recognition~that certain assets would be divided out of the proceeds to pool participants and the County bankruptcy, there is also an ability through this process to assist the County in a significant due date of more than a billion dollars to the bond holder,-, noting that more than twenty thousand Orange County citizens hold County bonds and the ripple of a default would affect a~y and all. It is anticipated that the settlement proposal of the Pool Committee will soon be finalized for presentation to the City Council, all pool participants will be required to take a formal action of acceptance, one option provides for a lesser return however holds open a litigation potential against the County which some districts may favor, however at this point there appears to be general agreement that there is finally a reasonable settlement proposal which brings' back one hundred percent of the principle. The Mayor mentioned that any money held by" the County will accrue interest in the range of five to five and a quarter percent. He noted his position as chairman of the Finance Committee for the Sanitation Districts, the Districts having $241 million in the County pool, it appears that the same agreement as described by the Manager seems to be prevailing throughout the County, and mention has been made of the possibility that the County will not meet~heir bond payment however discussions will be occurring with the bond holders. ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Mr. Bruce Stark, Seal Beach, asked if Seal Beach is still first in line to recover their monies. He asked that city staff and the Planning Department be directed to convey correct information as to what Bixby is proposing to develop, the impacts and details thereof, conveyed his negative impression of prior ~eetings at the North Seal Beach Center relating to the Bixby proposal, also alleged 3-13-95 that misinformation was given on the Mola project. Ms. Sue Corbin, Seal Beach, said people should not be required to provide their address as someone could then have the opportunity to burglarize their residence. She said holding a meeting outside of council Chambers is not precedent setting as there have been meetings in the past at MCGaugh School and the Naval Weapons station, and mentioned that since there have been I technical difficulties cablecasting the last few meetings, - Comcast owes the City a taping. Ms. Corbin also asked if people would be harassed if they feed the pigeons. Dr. Rosenman, Seal Beach, reported the home video of this meeting is impaired. There being no further comments, Mayor Brown declared Oral Communications closed. COUNCIL REPORTS Mayor Brown extended an apology to the other members of the Council, explaining that while any member of the audience is free to speak their opinion during oral communications, it is also his intent to avoid a debate, however it is likewise hoped that those persons speaking will be respectful and keep to the issue. Councilman Doane complimented captain Maiten and city staff for their efforts in preparing for the recently anticipated storm which did not materialize as reported by the news media, and that the more accurate information as to intensity was provided by Flood Control. The Mayor also recognized the efforts of staff and Flood Control personnel, also assured the citizens that consideration of improvements to the flood control system are continuing. Councilmember Forsythe announced the untimely passing of Dr. Ollie Haggans, local veterinarian for many years, and commended his absolute gift with animals. Councilmember Laszlo offered a reminder of Tuesday's election for a representative to the State Senate from I" this district. Councilmember Hastings announced a meeting to the held on Wednesday this week at the Naval weapons Station which she and the city Manager would be attending along with Assemblyperson Doris Allen, representatives of the Army Corps, Moffat & Nichol, and Surfside, to commence discussions once again as to the sand replenishment issue. ~JOmrnM~T It was the order of the Chair, with consent of the Council to adjourn the meeting until Monday, March 27th, 1995 at 6:30'p.m. to meet in Closed Session if deemed necessary. By unanimous consent of the Council, the meJl~ng was adjourned at 8:45 p.m. ( 1 ~ C~ty Clerk an Citi,AOf Seal of the Approved: I Attest: