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HomeMy WebLinkAboutCC Min 2004-01-12 II I I 12-8-03 / 1-12-04 ADJOURNMENT It was the order of the Chair, ~ith consent of the Council/ Agency to direct that the regular adjourned meeting be adjourned until January 12, 2004 at 5:00 p.m. to meet in Closed Session. By unanimous consent the regular and regular adjourned meetings wer~ adjourned at 10:42 p.m. clerk , Appwved' ~~f~ Atte,t, (}aJ'ti~f!2(.fJ Seal Beach, California January 12, 2004 The city Council and Redevelopment Agency met jointly in regular adjourned session at 5:00 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Council/Agency Members Antos, Doane ,- Yost Absent: Council/Agency Member Larson Councilman Larson was present in the conference room, awaiting the majority of the Council/Agency. Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk The city Attorney mentioned that this would be the opportunity for members of the public to speak to the items identified on the agenda. No one addressed the Council/ Agency. The City Attorney announced that the Council/ Agency would meet in Closed Session to discuss the items identified on the agenda, a City Manager evaluation pursuant to Government Code Section 54957.6, a conference with the City's real property negotiator, Bancap Commercial Real Estate Services/City Manager, Rodi Properties, LLC, pursuant to Government Code Section 54956.8 relating to property located at 1190-98 Pacific Coast Highway, and a conference with legal counsel with regard to cases of anticipated litigation pursuant to Government Code Section 54956.9(b). The Council/Agency adjourned to Closed Session at 5:04 p.m. and reconvened at 6:59 p.m. with Mayor Campbell calling the meeting to order. The City Attorney reported that the Council/Agency had met in Closed Session to discuss the items 1-12-04 on the agenda, with respect to the City Manager evaluation the Council gave direction to the City Attorney to bring back an amendment to the contract at a future meeting, with regard to the conference with the real property negotiator the Agency gave direction to its negotiator, and with respect to the third item there was no reportable action taken on anticipated litigation, reported that Councilmember Yost did not participate in that Closed Session. Councilman Yost stated he did not participate because the discussion in part related to the Bridgeport area and he lives in Bridgeport. I ADJOURNMENT It was the order of the Chair, with consent of the Council/ Agency, to adjourn the meeting at 7:01 p.m. o C't Clerk and ex-offi io clerk o the City of Seal Beach Approved, '-Plt.JJUiW~ ~ May r Attest: I Seal Beach, California January 12, 2004 The City Council of the City of Seal Beach met in regular session at 7:05 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Antos, Doane, Larson, Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works/City Engineer Chief Sellers, Police Department Ms. Arends-King, Director of Administrative Services Mr. Vukojevic, Deputy City Engineer Mr. Cummins, Associate Planner Ms. Yeo, City Clerk I 1-12-04 APPROVAL OF AGENDA Yost moved, second by Doane, to approve the order of the , agenda as presented. AYES: NOES: ,Antos, 'None i Campbell, Doane, Larson, Yost Motion carried I PRESENTATIONS , Mayor Campbelliannounced that the Los Alamitos High School Girls Volleyball team would be arriving shortly after appearing befote the Los Alamitos School Board. I , ORAL COMMUNICATIONS Mayor campbelllmentioned that the election season is beginning, there are some people who take advantage of the Council meetings, however the meetings are required to be conducted with 'decorum, meetings are meant to take care of City business, ,not as a forum for electioneering, no personal attacks will be allowed, the request is that speakers only address the issues, and noted a number of comments at the last meeting by people requesting that persons conduct themselves in a better manner, therefore anyone conducting themself inapp~opriately will be deemed to be out of order. Mayor Campbell Ideclared Oral Communications open. Councilman Yost made reference to the items of new business, the Bridgeport development standards and the Coastal Commission comment letter Irelating to Main Street parking meters and preferred park~ng, and inquired if members of the audience should make their comments now or when the item is heard. , . The Mayor responded that comments should be made at Oral Communications,: and declared same to be open. I Mr. Stan Anderson, Seal Beach, mentioned that he had had the opportunity to ;Chair the Parking Management Committee that supported meteis on Main Street, that may not always be , . popular howeveri there are a number of tlnngs that need to be supported by revenue sources for Main Street, yet that was not the reason Ithe Committee supported meters, it was because of parking man~gement. Mr. Anderson noted that while president of t~e Business Association a Parking Committee was formed and it was found that many of the complaints on Main Street related Ito parking management, to encourage people to park in the beach lots, the business community found that there was not enough parking for them if the beachgoers determined thei could park for free on the Street, the Zucker Study of 1995 cpncluded that there was a parking problem in Seal Beach which was a parking management problem as there was enough parking. Mr. Anderson expressed his understanding that it is often hard to make changes, yet in the 1960's the City was able tp purchase the parking lot between 10th and Main with reven~e from the parking meters at that time, there are now meters ~n a couple of lots which he did not support at the time, cruising for free parking is always a problem during the summer season, Main Street has always been free parking, it is felt that will be eliminated by installation of meters. He nbted too that there is considerable infrastructure on Main Street, the Committee supported the meters with the! intent that the revenue be used specifically for infrastructure, particularly on Main Street. He said he hoped that those that are supportive of the City will see the reasons to support meters, it is a management and infrastructure problem and it is felt that meters will help. Mr. Anderson mentioned that he had attended the meeting relating to the,Department of Water and Power property, that property has been vacant for a very long time, he is aware 1-12-04 that Councilman Yost has been adamant over the years to develop the area as a park yet that would cost the City a great deal of money, some local residents were able to purchase this property from the Los Angeles Department of Water and Power and want to develop the site, it was designated for a hotel, it is hoped- that after studies are complete that the Council will work with the developers to put something on the site, that it will no longer sit vacant, adding nothing to the City coffers. Mr. Anderson expressed his disappointment however that a member of the Council proclaimed it to be propaganda when someone wanted to explain the plan for this property, it was an opportunity for those present to see what the property owners envisioned, they have spent considerable money to try to find the best use for the site, in turn the community needs to be responsible as to the needs of the City, special interest groups are not needed, it should be the needs of a majority of the people in this town, his hope is that the Council is not destined to think they are controlled by a certain group, to call a- presentation of information propaganda to him seems to be biased, it is wrong to not let the people have the opportunity to hear the information. He spoke for continuing to have town hall meeting that will be instructive, positive, and not argumentative, there needs to be some Council leadership, there should be an opportunity for this responsible development, hopefully something that everyone can be happy with for years in the future. Mr. Anderson said he would hope that there will be support at the Coastal Commission to do something positive for the City by approval of parking meters for Main Street, with the loss of taxes and revenue from the State and County this City needs to look for responsible opportunities, the Town Center has brought new revenue to the City, it is hoped that with the added revenues from parking meters the City will be able to maintain and improve. He commended the staff and Council for the repairs that have been made to Main Street, it is realized that revenues are hard to come by, however the infrastructure is a public safety issue, a responsibility. Ms. Joyce Parque, Seal Beach, said this is year 2004, an election year, she hopes that there will be debates on some of the issues for status quo or for a change, there are two candidates for College Park East, three for City Clerk, and none for College Park West so the status quo will continue in some areas. Ms. Par que said she asked why lights could not be put on Main Street and left there throughout the year, Long Beach has put lights in Belmont Shore and Naples on an annual basis, they pay for them, the suggestion was to ask the City Council. She posed questions as to how the City is run and where the money is spent, there is more money coming in, there are less services so where is the money going, the people pay eighty- five percent, they pay utility tax, one should look at their property tax bill, the utility bills, why would the City want another dollar from the people on the cable bill, there are potholes, grass in the streets, a dirty beach, it is important that these issues be discussed. Ms. parque claimed that she was at the Committee and Council meetings relating to parking meters, it will be before the Coastal Commission on Friday in Laguna Beach, the people of this community overwhelmingly said they did not want meters, the people who voted for them never come to Main Street, those behind gated communities should recuse themselves rather than tell people in other parts of the City what to do and what not to do. She mentioned that there was a closed session this evening relating to the Zoeter site, claimed that a school board was recently found in trouble for holding closed meetings without I I I ~~. "~'"".,. ..., - " - I I I ,-~' . '" 1-12-04 taking minutes or taping those meetitlgs, she asked that to be done and it has not, _the people needito know how Zoeter School is going to be given away, the option is not until August and already the City is giving it away, the people might like to hear some of the deliberations, at one time the attorney said the City could get out of the lease, and where is the money from Zoeter going to go, it is needed to close down the Redevelopment Agency because as long as there is an Agency there needs to be low to moderate income housing, and it was said that Old Town is blighted so that is where it will be. Again with regard to parking meters, many people do not like them, she understands that the City was questioned on the one hour parking on both sides of the street, that is no longer, and it is astounding that in five years the City must again go to the Coastal Commission with regard to parking permits, such permits were never given to another City, the Seal Beach parking permits were done before the Coastal Commission existed, the Napl8s community wanted a parking permit program in 1997, the Commission denied it, in five years the Commission will take away the Seal Beach program.. Ms. parque also suggested that the City obtain a bid from the orange County Sheriffs Department at the same time the study is being done of the Police Department. Ms. Sue Corbin, Seal Beach, said she was surprised that the Council has been allowed to discard the First Amendment and right to free speech. She said there needs to be an initiative to save money, eliminate the City Clerk position, there is no longer a need to have a Clerk, outsource the minutes and save money, the county can run the elections, eliminate the League of Cities, have an elected City Attorney, combine the positions of City Engineer and Director of Public Works for a savings, outsourcing of four engineers will not be necessary, a large savings, and install a time clock as there is a problem with theft of time, people are being allowed to work at home, not be at City Hall, allowed to attend school, there is no policy. Ms. Corbin said there can not be a park on the DWP site unless the State runs it, there are about two to three people who patrol the community at anyone time, there are gang problems, a park sounds beautiful but who will pay the bill, she wonders if the City representative to the San Gabriel Conservancy submitted anything to purchase that property. Ms. Corbin claimed that it is wrong for the Mayor to try to silence people who may want to speak about her actions, which they have a right to do, she has expressed a disdain for the Brown Act and freedom of information, the people can say whatever they want - provided they are not violating the law, the people are allow to speak for five minutes, uninterrupted, the Council could also practice better manners. Ms. Corbin was cautioned to speak to issues and not personalities, that decorum is required in the Chambers. Mr. Robert Goldberg, Seal Beach, stated that his experience with the City Clerk has been nothing but exemplary, the Clerk conducts herself and the office as the utmost professional, his concern is that after thirty-two years of service the Clerk is leaving, the City too should be concerned, there should be more debate among the candidates that will try to fill the position, it will be quite a challenge. Mr. GOldberg expressed his opinion that the Clerk's office is overwhelmed with paper work that is generated each day by City operations, there is not enough space or filing cabinets, he wonders how the Clerk manages to do such a fine job, would again encourage debates relating to the position, and expressed appreciation for her thirty-two years of dedicated service. There being no further comments, Mayor Campbell declared Oral Communications to be closed. l-l2-04 CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The Manager said he believes that everyone understands the concerns with regard to Zoeter School, the history of Zoeter is about as complex as the Trailer-Park, Seal Beach lore, to that he will be bringing forth a report that addresses the myths of Zoeter and sets forth the. facts based upon the documents, what can and can not be done, it is intended to help the public understanding, possibly will eliminate some of the concerns expressed, the public is always welcome to review the documents, in the possession of the City Clerk. With regard to the comment relating to work policy, the Manager explained that work hours are set by the Memorandums of Understanding for each labor group, work schedules of eight or ten hour days, etc. I COUNCIL COMMENTS Councilman Larson requested a report from the City Manager as to what can be done for the large number of hard working, dedicated employees that go above and beyond the call of duty, two that come to mind is a recent sewage blockage where a family was not even going to be able to have their Thanksgiving dinner, Mr. Eagle, and others resolved the situation and the family was most appreciative, another instance was a baby who was dying and the Police Department shut off traffic from the home on the Hill to the hospital, the baby reached the hospital in time, the fire was indispensable, the doctors were wonderful, and the parents wrote a touching letter to the City. His request is that there must be some way to recognize those employees, possibly a wall of honor or recognition, not many people are aware of those types of employees working for the City, the citizens should be made aware, in fact the family of the baby asked to be present when the POlice, Fire, and hospital are recognized. Councilman Yost agreed, said that is one of the nice things about living in a community like Seal Beach where many of the employees are known, have been in the community for a long time and serve it well. Councilman Yost announced that at the last League of Cities meeting he was reappointed to the Rivers and Mountains Conservancy. with regard to the Department of Water and Power property townhall meeting, he stated it was difficult to put on that meeting, it was done because the landowners did want to do so or take the suggestion of the City Manager to do such a meeting, the meeting went through the process, in response to how the meeting was conducted he said at the last minute the landowner and their paid representative wanted to present a slide show, the decision was that that would give the impression that the City was backing a certain proposal which was not felt to be appropriate at that time or in that setting, and-with regards to being balanced, one of the land owners, Mr. Kyle, made the statement that his (Yost) conduct was very balanced at that meeting, that statement made in front of the City Manager. Councilman Antos expressed support for the suggestion of Councilman Larson to honor City employees. Councilman Antos said he wished to speak to Christmas lights on Main Street and to publicly thank Mr. Verillian who went out of his way to work with the property owners on the Street to get the Christmas lights up, thanks also to the business owners who decided to participate, the Christmas parade was wonderful and the Season beautiful because the lights were up, his hope is that with the Public Works Department support of no-fee permits and minimum paper I I ',-~,,,,~;,, -: ' ..."....,,". 1-12-04 I work the Christmas lights can go up early annually to move everyone into the Christmas spirit. Councilman Doane said he wished to direct his comments to the gentleman who made complimentary comments with regard to the City Clerk, he was certain that all agree with those comments. Councilman Doane advised that an election special on SBTV3 is tentatively scheduled for the last Tuesday in February for interviews with the three City Clerk candidates, the two candidates from College Park East, and the 9istrict Two candidate, the program will be hosted by former Police Officer Rick Paap. Mayor Campbell reported the dedication of the Dog Park at Arbor Park on January 6th, the people and dogs like it, and expressed appreciation for the efforts of the City Manager, Mr. Eagle of Public Works, and General Port ante who assisted with the lease extension for the parkland. To the question as to where does the money go Mayor Campbell suggested reading her two articles on Seal Beach finances, one addresses how the City got to where it is today, things that the State has done to the City, the other addresses the budget, discussing revenues and expenses. Mayor Campbell too agreed with the suggestion of Councilman Larson to recognize employees that go above the call of duty, there are some wonderful employees, dedicated, and it hurts when they are criticized by people who do not understand, the City is lucky to have such a great staff. Mayor Campbell. inquired if the City is required to tape or take minutes of Closed Sessions, the response of the City Attorney was that it is not, the Brown Act does not require any minutes or tapes of Closed Sessions, on occasion a court will order a City to keep minutes of Closed Sessions however that would need to be a court order after a violation of the Brown Act. Councilman Yost inquired if the report that will be forthcoming relating to the Zoeter School property will be available to the public, the response was that it will. I COUNCIL ITEMS APPOINTMENT - DEPARTMENT OF WATER AND POWER ADVISORY COMMITTEE Councilman Antos moved to appoint Ms. Nancy Kredell as the District One representative to the Department of Water and Power Advisory Committee. Councilman Doane seconded the motion. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I PROPOSED LEGISLATION - EXEMPTION - AFFORDABLE. HOUSING NEEDS Councilman Antos reported that he has discussed this issue with staff several times and has met with the City's State Assemblyman to request that he sponsor legislation to exempt Seal Beach from the obligations each year of having to address the issue of trying to meet the affordable housing criteria that is generated by the State Department of Housing, passed on to the South~rn California Association of Governments and in turn to the cities. Councilman Antos mentioned that after discussion of this matter the City Attorney he has drafted the proposed legislation, Assemblyman Harman will sponsor the legislation provided he is requested to do so, his feeling is that since this proposal has no fiscal impact at the State level and the legislators on the other side of the isle have no problem with it in that it is narrowly drafted, he is willing to carry it through, and offered the City Manager and City Attorney to answer any questions from the Council. Antos moved, second by Yost, to 1-12-04 authorize the submittal of the proposed legislative language to be forwarded to Assemblyman Harman. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried PRESENTATION - LOS ALAMITOS HIGH SCHOOL GIRLS VOLLEYBALL CHAMPSIONSHIP Ms. Sue Monsoor, Volleyball Coach, explained that Los Alamitos is in the Sunset League, a difficult League but they managed to tie, the team then went on to CIF, which they won last year for the first time since 1993, they had an off night, did not win CIF however qualified for the State Championship, the team won every game for the following two weeks, they first won the Southern California Regional Championship, then played the Northern California difficult Regional Champion and won, therefore the Los Alamitos High School Girls Volleyball team is the State Champions'in Division One. The Coach expressed her pride in the team. Mayor Campbell presented a certificate of recognition and City pin to each member of the team, the Coach and Assistant Coach. Members of the Council extended their congratulations for this accomplishment. I COMMUNICATION - LOCAL AGENCY FORMATION COMMISSION - REOUEST RECONSIDERATION - EL TORO ANNEXATION TO IRVINE Mayor Campbell noted that this is her request for a letter to the Local Agency Formation Commission requesting that they reconsider the annexation of the Marine Corps Air Station El Toro to the City of Irvine, and reported that this coming Wednesday they will be reconsidering their earlier vote. She explained that the residents of the County voted in favor of Measure W for El Toro to become a four thousand seven hundred acre Great Park, instead it has become the great development with a three hundred forty acre park, development of houses and commercial, yet the people do not realize that once Irvine annexes El Toro they can develop anything they want, disregarding Measure W, that appears to be what is about to happen, at one time there were complaints that there would be too much traffic with an airport but the people do not realize that when the airport goes the fourteen thousand acre buffer around the airport is then eligible for development, by the time this is developed there will be huge traffic jams in the area, the fear is that will then lead to the major investment study of widening the 405 Freeway. Campbell moved, second by Doane, to authorize the submittal of the response letter to LAFCO in support of reconsideration of its action to approve the City of Irvine application for annexation of the Marine Corps Air Station El Toro, including comments that the proposed plan includes reuse development that does not follow the tenets of Measure W. I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I CONSENT CALENDAR - ITEMS "E" thru "T" Yost moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented. 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 after the reading of the title unless specific request is made at that time for :-....~,....,^ ''J;;,,,... I I L. 1-12-04 the reading of such ordinance or resolution. F. Approved the minutes of the regular adjourned City Council and Redevelopment Agency meeting of December 8th and the December 8th regular City Council meeting. G. Accepted the resignation of Norma Sue Clance, the District Five appointee to the Recreation and Parks Commission for the unexpired three year term ending July, 2006, and declared the vacancy thereof. H. Accepted the resignation of Margene Walz, the District One appointee to the Project Area Committee for the unexpired two year term ending July, 2005, and declared the position to_ be vacant. I. Approved the regular demands numbered 44517 through 44894 in the amount of $2,588.305.86, ADP payroll checks numbered 7241352 through 7241436, 7572239 through 7572320 in the amount of $361,070.25, and authorized warrants to be drawn on the Treasury for same. J. Received and filed the Monthly Investment Re~ort for November, 2003. K. Approved the sale of certain surplus property at auction as set forth in the January 12, 2004 staff report. Adopted Ordinance Number 1510 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER lIB OF THE CODE OF THE CITY OF SEAL BEACH PERTAINING TO NEWSRACKS." By unanimous consent, full reading of Ordinance Number 1510 was waived. M. Denied the claims of Michael A. Symonds and David J. Tobin for injuries pursuant to the recommendation of the claims adjuster. N. Approved the cancellation of City Council meetings of April 12th, August 23rd, November 22nd, and December 27th, 2004. O. Received and filed the Comprehensive Annual Financial Report for June 30, 2003. P. I Received and filed the staff comment letter with regard to the Draft Record of Decision/ Remedial Action Plan - Operable Unit 4, IR Site 40, Naval Weapons Station, Seal Beach, and instructed staff to forward same to the Environmental Quality Control Board for information purposes. Q. Adopted Resolution Number 5195 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING A GRANT OF WATER LINE EASEMENT ACROSS FROM TOWN CENTER DRIVE IN THE ROSSMOOR CENTER OWNED BY CENTURY NATIONAL PROPERTIES, INC." By unanimous 1-12-04 consent, full reading of, Resolution Number 5195 was waived. R. Adopted Ordinance Number 1511 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SEAL BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, AND HEREBY DECLARE THE URGENCY THEREOF." By unanimous consent, full reading of Ordinance Number 1511 was waived. I S. Adopted Resolution Number 5196 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 04-16, FOR PARTICIPATION IN LAWSUIT AGAINST STATE OF CALIFORNIA TO INVALIDATE THE PREEMPTION OF ONE-QUARTER CENT OF LOCAL SALES TAX AS PART OF THE "TRIPLE FLIP (AB9X5)"." By unanimous consent, full reading of Resolution Number 5196 was waived. T. Authorized the City Manager to execute a professional services agreement with Organizational Effectiveness Consulting to conduct a Police Department Operational Study at a cost of $34,375. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I PUBLIC HEARING / ORDINANCE NUMBER 1512 - ZONE TEXT AMENDMENT 03-3 - SECOND RESIDENTIAL UNITS Mayor Campbell declared the public hearing open to consider Zone Text Amendment 03-3 to permit second residential units meeting certain standards. The City Clerk certified that notice of the public hearing had been advertised as required by law and reported no communications received either for or against this item. The Director of Development Services presented the staff report, explained that the public hearing is to adopt standards to reflect recent changes in State law that now require that City consideration of what are called second family units must be done in a ministerial manner and there can not be any discretionary action when considering that type of application. He reported that the Planning Commission conducted a public hearing on this matter on December 3rd, two persons spoke on the matter, the staff report, minutes, and Commission recommendation provided to the Council in the agenda packet. The Development Services Department worked with the office of the City Attorney to construct the proposed Ordinance, said he would like to highlight two points, by State law if a city does not adopt an ordinance establishing its own standards at the local level there are certain State standards that a city must utilize when it considers a request for a second family unit, staff is suggesting that that not be done, that the City adopt its own standards to reflect local concerns, the second part is that the Ordinance recommends that all of the Residential High Density and Residential Medium Density areas within Old Town be excluded from the provisions of the Ordinance which means that those areas could not accept an I ...,..._:",,.,,,,~ ~,...". ."..'~ 1-12-04 I application for a second family unit, the reason for that is based on the high demand for parking on the local streets and the sewer insufficiencies that exist within certain portions of the Old Town area, there are specific provisions in State law that allow for areas to be exempted if there are parking or public infrastructure deficiencies, staff and the Planning Commission feel that these areas qualify. The Director noted that the remaining standards are fairly typical, Council was also provided information from the State Department of Housing and Community Development that provides an overview of the issue and a summary of other cities that have developed their own ordinances rather than utilizing the State guidelines, it is felt that the local ordinance provides a greater review level when an application is submitted to the City and that it screens out the residential medium and high densities in Old Town. There being no comments from the public for or against this item, Mayor Campbell declared the public hearing closed. I Councilman Larson noted that there is not much choice to make any changes since this is mandated by State law therefore would move approval of the introduction and first reading of Ordinance Number 1512 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING ARTICLES 4, 5, 7, AND 8 OF TITLE 28 OF THE CODE OF THE CITY OF SEAL BEACH TO PERMIT SECOND RESIDENTIAL UNITS MEETING CERTAIN STANDARDS." Councilman Antos seconded the motion. Councilman Yost stated that this seems to be a somewhat onerous change to State law and unfortunately the City is bound to abide by State laws, it may have an adverse impact on this community but there is no other choice. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I PUBLIC HEARING - COMMUNITY FACILITIES DISTRICT NO. 2002-01 (HERON POINTE\ - SPECIAL ELECTION - LEVY OF TAXES - RESOLUTION NUMBER 5197 / RESOLUTION NUMBER 5198 / ORDINANCE NUMBER l513 Mayor Campbell opened the public hearing to consider the alteration of the rate and method of apportionment of the special tax for Community Facilities District No. 2002-01 (Heron Pointe). The City Clerk reported that the notice of hearing was made as required by the Mello-Roos Community Facilities Act and by prior resolution of the City Council notice of this hearing was published once in the Sun newspaper on December 25th, 2003, the notice was also mailed to the sole landowner within the District. on December 23rd, 2003. The Associate Planner presented the staff report, explained that this hearing was being held pursuant to the action of the Council on December 12th at which time the Council adopted a Resolution to consider changing the rate and method that the special Mello-Roos tax is going to be assessed on the future Heron pointe residents. The request is that the Council adopt a Resolution that calls for an election of the property owners, which is one as John Laing Homes currently owns the entire of the property, the special election to be held at this meeting whereby John Laing Homes would vote to tax themselves in the future, the Council to adopt a Resolution certifying the results of the election, and to adopt an Ordinance that would allow indebtedness to be incurred. He clarified that none of the bond debt would be imposed on the taxpayers of Seal Beach, rather will be placed on the future tax bills of homeowners of Heron pointe. 1-12-04 Mayor Campbell invited all interested persons or taxpayers to testify for or against the alteration of the rate and method of apportionment of the special tax for the District if desired. There were no comments from the public. Antos moved, second by Doane to declare the public hearing closed. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I The Mayor asked if there was a majority protest against the alteration of the rate and method of apportionment of the special tax for the District. The City Clerk responded that no written protests had been received from the sole landowner within the District, therefore a majority protest did not exist. Antos moved, second by Doane, to adopt Resolution Number 5197 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALLING A SPECIAL ELECTION REGARDING THE ALTERATION OF THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 2002-01 (HERON POINTE)." By unanimous consent, full reading of Resolution Number 5197 was waived. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried The Special Election was declared to be open. The City Clerk announced receipt of the ballot from the sole landowner, reported that all ballots for the election had been submitted therefore declared the election to be closed. The Canvassing Board, consisting of the City Clerk, the Director of Public Works,. and the Director of Development Services verified the information on the Identification Envelope for return of the mail ballot, separated the ballot envelope from the identification envelope, and opened the ballot. The City Clerk reported that the Canvassing Board for the City of Seal Beach Community Facilities District No. 2002-01 (Heron Pointe) special election held on January l2, 2004 had completed its canvass of the ballots, the results of the canvass on the Ballot Measure was that nineteen (19) votes were cast in support of the Ballot Measure and zero (0) votes were cast in opposition to the Ballot Measure, therefore the Measure was approved with a one hundred percent (100%) vote in favor. I Larson moved, second by Antos, to adopt Resolution Number 5198 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 2002-01 (HERON POINTE), DETERMINING THAT THE ALTERATION OF THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR THE DISTRICT IS LAWFULLY AUTHORIZED AND DIRECTING THE RECORDING OF AN AMENDED NOTICE OF SPECIAL TAX LIEN." By unanimous consent, full reading of Resolution Number 5198 was waived. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I Antos moved, second by Larson, to approve the introduction and first reading of Ordinance Number 1513 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-01 (HERON POINTE) AUTHORIZING THE LEVY OF A SPECIAL TAX "_><,.N--' , ,._"~ 1-12-04 WITHIN THAT DISTRICT PURSUANT TO AN AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES." By unanimous consent, full reading of Ordinance Number 1513 was waived. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I Councilman Yost explained that the action of the Council provides a mechanism by which the Heron pointe development of the Hellman property can pay for its own community services so that the residents of the City do not have to pay for them. I DEVELOPMENT STANDARDS - RESIDENTIAL LOW DENSITY ZONE / PLANNING DISTRICT TWO - BRIDGEPORT/SUBURBIA - ORDINANCE NUMBER 1514 - URGENCY Councilman Yost noted that his residence is in Bridgeport, within five hundred feet of one of the two Bridgeport tracts, therefore he would be stepping down from the Council during this deliberation, and left the Chambers. The Director of Development Services presented the staff report, explained this item has been brought forth to Council at the request of the Development Services Department to allow staff the time to resolve three different sets of standards that the City has adopted by ordinance over the years for the Bridgeport area, it is currently a residential low density, District II classification within the Zoning Ordinance, those development standards are the same as those for the Hill, College Park East and College Park west, five thousand square foot lots, forty-five percent lot coverage, eighteen foot front setback, no zero lot line, no alleys, none of those standards match what is actually constructed in the tracts under consideration, 6345 and 6346. He noted that when the City approved those developments the Ordinance set forth different standards under a Precise Plan however those standards were never incorporated into the Zoning Ordinance therefore are not what current zoning standards stipulate, that done in 1967, in 1969 the City established the Redevelopment Agency, when that was done different standards were established for the same area that related to lot coverage which is different than what current zoning allows, therefore there are three different zoning ordinances that provide three different building standards for this area. The Director mentioned that this was not a significant issue for a considerable time because there were architectural committees that had been established by provision of the CC&R's for these tracts at the time they were recorded, the lifetime of the architectural committees for tracts 6345 and 6346 has expired, one of the tracts informed the City this date that they have enough signatures to reinstitute their architectural committee, that will take effect once the City receives the recorded document. The Director reported that presently there are a number of application submittals that do not comport with either the Precise Plan, Redevelopment Plan, or the CC&R guidelines, therefore it is suggested that an interim ordinance be adopted to allow staff to meet with the two impacted residential tracts to develop a set of standards that makes sense for them and then revise the Zoning Ordinance that reflects the desires of that community for their future development considerations. The Director noted that the Interim Ordinance would prohibit the City from issuing building permits, the Ordinance would be in effect for a period of forty-five days pursuant to State law, if the City wishes to extend the Ordinance after forty-five days there would then need to be a noticed public hearing and the I 1-12-04 Ordinance could be extended for a maximum of ten months and fifteen days. Councilman Antos asked, presuming that the urgency Ordinance is adopted, what the time frame might be for resolving this matter. The response of the Director was that by the time meetings are held with the impacted residents it may take three to six months to present a draft ordinance to the Planning Commission for public hearing. I Councilman Antos moved to adopt Ordinance Number 1514 entitled "AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 PROHIBITING THE ISSUANCE OF BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS FOR ANY ADDITIONS TO DWELLING UNITS IN THE BRIDGEPORT AREA DURING THE PENDENCY OF THE CITY'S REVIEW AND ADOPTION OF PERMANENT ZONING REGULATIONS FOR SUCH USES AND DECLARING THE URGENCY THEREOF." Councilman Larson seconded the motion. The City Attorney mentioned that apparently there are two applications currently pending, one filed some time ago, another just last week, in the past the Council has addressed the pipeline issue, there are different ways to deal with that situation, explaining that if there are four votes to adopt the Urgency Ordinance it will apply to all properties within the two tracts regardless of where they are with respect to their application for land use entitlements, a second option would be as set forth in Section four of the draft ordinance which is due to hardship, in that case anyone could make application and seek an exemption from the terms of the interim ordinance before the Council, a third option would be to amend the ordinance to allow either one or both of the pending applications to proceed, basically an exception from the terms of the ordinance. Councilman Antos stated his belief that all properties should be treated the same thus should be subject to the provisions of the interim ordinance. I AYES: NOES: ABSTAIN: Antos, Campbell, Doane, Larson None Yost Motion carried The City Attorney clarified that the Interim Ordinance takes effect this date, a public hearing will need to be scheduled within the forty-five day period to consider an extension beyond the forty-five day initial period. Larson moved, second by Antos, to confirm a public hearing date of February 23rd to consider an extension of the Interim Ordinance. AYES: NOES.: ABSTAIN: Antos, Campbell, Doane, Larson None Yost Motion carried Councilman Yost returned to the Council Chambers. MAIN STREET PARKING METERS / PREFERRED PARKING / COASTAL COMMISSION APPLICATION The Associate Planner presented the staff report, explained that the request before the Council is in response to the Coastal Commission staff recommendation to the Commission regarding the parking meter application which is currently pending before that body, that meeting to be held this coming Friday in Laguna Beach. The Planner noted that the Commission staff is recommending four conditions which, after review, seems to be close to the wishes of the City with regard to its application, and to that before the Council for I '.".-. ......., "";,<-",""""" 1-12-04 I an action is a draft response letter to be forwarded to the Commission in support of the Commission staff recommendations. The Planner said he wished to clarify some misinformation as presented by a speaker and from a recent news article, that none of the existing Seal Beach parking programs, the one-hour parking, the merchant and resident parking permit programs, are a part of this application currently pending before the Coastal Commission nor will they be part of the permit if granted, to the comment that those programs would need to be re~pproved in five years is not accurate, granted however the Commission staff did make mention in their staff report that the City may have been in violation with the adoption of some ordinances over the years, it is not clear as to what that may have been, and that they may forward some of those to their enforcement staff to look at in the future, yet again clarified that none of any such violations, real or not, are part of this application or will be considered by the Commission. The planner explained again that what the Coastal Commission will be looking at on Friday is whether Seal Beach should be allowed to have parking meters on Main Street and the approximate half block of commercial portions of Ocean, Central and Electric Avenues. He noted that the original application requested new, additional one-hour parking on the numbered streets between Fifth and Twelfth Streets, the Commission staff recommending that that portion of the application be denied, however the existing one-hour parking to remain, that was Commission condition one, the second condition was that after five years the City would need to reapply for a permit to have parking meters, the third was that any changes to the parking meter program, including, fees, hours, days of collection, etc., would require an amendment to the permit, and the last was that the City would need to agree to all of those conditions. The Planner mentioned that the response letter recommends that the Council agree to all conditions proposed by the Coastal Commission staff, also to reserve the right to bring a future application to the Commission for additional one-hour parking on the numbered streets depending on parking behavior after meters are installed. I Larson moved, second by Doane, to authorize the staff to forward the letter to the Coastal commission which indicates the City's support of the Coastal Commission staff recommendations regarding the City application before the Coastal Commission. AYES: NOES: ABSTAIN: Campbell, Doane, Larson Yost Antos Motion carried I Councilman Yost inquired if the Council would consider sending a letter to the Commission advising that this vote was a barely thin majority. No action was taken. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting to January 26th at 6:30 p.m. to meet in Closed Session if deemed necessary. The meeting was adjourned by unanimous consent at 8:27 p.m. 1-12-04 / 1-26-04 Approved: ~~~r~ , I Attest: Seal Beach, California January 26, 2004 The regular adjourned meeting scheduled for 6:30 p.m. this date was canceled due to a lack of business items in need of Closed Session discussion. I Seal Beach, California January 26, 2004 ., The City Council of the City of Seal Beach met in regular session at 7:09 p.m. with Mayor Campbell calling the meeting to order. Boy Scout Troop 642 led the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Antos, Doane, Larson, Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works/City Engineer Chief Sellers, Police Department Ms. Arends-King, Director of Administrative Services Mr. Vukojevic, Deputy City Engineer Mr. Cummins, Associate Planner I