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HomeMy WebLinkAboutCC Min 2004-02-23 2-9-04 / 2-23-04 it is allowable. Councilman Doane offered that he does not like being contrary to the Planning Commission as they have the expertise in that area. I The City Attorney read the title of Ordinance Number 1516 as presented, "AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH PROHIBITING THE ISSUANCE OF BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS FOR ANY CONSTRUCTION OF.OR ADDITIONS TO DWELLING UNITS IN EXCESS OF 25 FEET IN HEIGHT UNLESS CERTAIN MINIMUM LOT DIMENSIONS EXIST AND DECLARING THE URGENCY THEREOF. " AYES: NOES: ABSTAIN: Antos, Campbell, Doane, Larson None Yost Motion carried CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until February 23rd at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 8:36 p.m. clerk I Approved: JrJJJir~Jc ~ Attest: Seal Beach, California February 23, 2004 The regular adjourned City Council meeting schedules for 6:30 p.m. this date was canceled due to lack of business items in need of Closed Session discussion. I 2-23-04 Seal.Beach, California February 23, 2004 The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Campbell calling the meeting to order. Brownie Troop 1433 presented the Colors and led the Salute to the Flag. The members of the Troop introduced themselves and Mayor Campbell presented each with a City pin. I 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 Ms. Arends-King, Director of Administrative Services Capt. pounds, Lifeguard Department Mr. vukojevic, Deputy City Engineer Mr. Cummins, Associate Planner Ms. Yeo, City Clerk APPROVAL OF AGENDA A member of the audience requested that Item "u" be removed from the Consent Calendar, Councilman Yost requested that Items "0" and "U" be removed, and Councilman Antos asked that Item "U" be removed as well. Doane moved, second by Antos, to approve the order of the agenda as revised. I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried PRESENTATIONS WAVE AWARDS - RECOGNITION Ms. Robin Fort-Linke, the PEG Station Manager, introduced Mr. Dick Davies, President of the Seal Beach Cable Foundation, noted the attendance of Foundation members Betty Martin and Margene Walz, and public access producers. Ms. Fort-Linke said it is again the time of year to have the opportunity to acknowledge the achievements of SBTV3 and the volunteer public access producers that have been recognized by the Western Region of the Alliance for community Media, the WAVE Awards. Ms Fort-Linke mentioned that no producer can create a program without the help of their fellow volunteer producers, programs, whether they are public access or funded by the Cable Foundation, are all a team effort, noted that the producers are dedicated individuals, this year eighteen new producers were welcomed to the group, in 2003 the volunteer hours contributed by the public access producers was two thousand nine hundred and seventy-three, the 2003 WAVE Award Conference was held in November in Denver, Colorado, Seal Beach did not attend however was notified that SBTV3 received eight awards. Ms. Fort-Linke announced the first award going to Mr. Peter Anninos and Mr. Rick Paap, noted that they have received awards in the past however this is their first WAVE Award winner, it is for their last Talk I ,,,.,...,','.-"~ 2-23-04 I Of The Town program, a look back over the past twelve years, the 2003 WAVE winner in the Live to Tape category. The next award going to Mr. Peter Anninos and Dr. Shawn Stewart for the program profiling the Flying Samaritans, doctors who fly to Mexico once a month to provide medical care to impoverished people, the 2003 WAVE Award for An Hour With Doctor Stewart, a finalist in the Documentary Profile category. Ms. Fort-Linke presented a WAVE Award to Richard and Sally Parker, noted that in addition to Just Another Religious Program they also produce programs on calligraphy, doll collections, caricatures, car repairs and a variety of other topics, their program Dream On the 2003 winner in the Religious/ Inspirational category. She announced that. she and Mr. Russ Bowman design the pages that appear on the Community Bulletin Board yet it was Mr. Bowman who set up the entire computer graphics system, it allows for Bulletin Board pages and graphics for the government meetings, in addition Mr. Bowman volunteers his time in many ways to SBTV3 which benefits the overall operation of the facility, he is a wizard among men, is much appreciated, and presented Mr. Bowman with the WAVE Award for the Seal Beach Community Bulletin Board which placed as the 2003 finalist in the Community Bulletin Board category. The next award was presented to Mr. Rob Roy, Eddie Montana, and SBTV3 for the program Studio Cafe which won two awards, the program highlights community organizations and events with a blend of music and humor, the first award for the August episode of Studio Cafe, a 2003 Award finalist in the Live to Tape category, the second award is for the July episode of Studio Cafe, the 2003 WAVE Award winner in the Talk Show category. As was mentioned earlier, no program can be produced without the help of the other producers, that is not more true than with the last two awards, Mr. Bob Slater, past president of the Leisure World Producers Club, and Mr. Joe Osuna, the current Club president, along with many of the Leisure World producers, participated in this program, the Club members range in age from fifty-five to mid nineties. In June of 2002 Leisure World celebrated its fortieth anniversary, many events were scheduled, in particular was the parade and the fair, Mr. Slater arranged for the Club members, including himself and Mr. Osuna, to operate cameras everywhere, some of the producers teamed up and interviewed parade participants, parade watchers, others taped the country fair, at the end of the day there were many video tapes, it took months to edit them into a one hour presentation of the events of the day, however certainly worth it. Ms. Fort-Linke presented the Leisure World Producers Club with two awards, the first for the Leisure World fortieth anniversary parade and fair, the 2003 WAVE Award winner in the Community Events category, the same program was the 2003 WAVE Award winner in the Programming By and For Seniors category. Ms. Fort-Linke extended congratulations to all of the volunteer public access producers and on behalf of the Seal Beach Cable Communications Foundation and the producers a thank you for providing the PEG facility for the community of Seal Beach, it will always strive to produce quality programming. Ms. Fort-Linke invited all to watch .the Seal Beach Election Special, hosted by Mr. Rick Paap, on Tuesday evening at 8:00 p.m. Mayor Campbell extended congratulations to all for a jOb well done. I I RESOLUTION NUMBER 5208 - HONORING CAPTAIN ROBERT A. "RUSTY" MIRICK - NAVAL WEAPONS STATION Mayor Campbell announced that the Captain Mirick was unable to be present at this meeting however the Resolution will be 2-23-04 presented to him on Wednesday at the Change of Command Ceremony. Doane moved, second by Yost, to adopt Resolution Number 5208 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH HONORING AND RECOGNIZING COMMANDING OFFICER CAPTAIN ROBERT A. "RUSTY" MIRICK." By unanimous consent, full reading of Resolution Number 5208 was waived. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I PROCLAMATION - NATIONAL PUBLIC SAFETY DISPATCHER WEEK It was noted that this item is postponed until a future meeting. ORAL COMMUNICATIONS Mayor Campbell declared Oral Communications open. Mr. Stuart Green, Los Alamitos, said he has lived in the area for a long time, attended Grace Community Church, in his opinion the Car Show is a positive event, is ~ell attended, brings business into the community, stated he was a participant for a number of years, he then began organizing with four people, this year there will be forty-four people, the participants are substantial people, hold good positions, a number of people in his group come from out-lying areas, did not know of Seal Beach, yet as a result of the Car Show they now bring their families, stay the day, have lunch, frequent the shops, have a good time, it seems to be a well organized event, and benefits the community. Mr. Green said he attends a number of car shows, this is a particularly good event, one of the best around, he understands it brings in about thirty to thirty-five thousand people, that is a benefit. He noted that his intent was to merely counter some of the negative publicity of the event, which could be harmful to Seal Beach, and he would like to see the Car Show continue. Ms. JoAnn Adams, owner of Bogarts Coffee House, spoke of the Car Show as being one of the best events held in Seal Beach each year, having been open only about fifteen months, she said the Car Show was the single biggest day for her business, she would not want to see the Car Show leave, there was a great turnout, many return customers, there is a nice group of people, and she would like to see more events like the Car Show in Seal Beach. Mr. Bob Hutz, Anaheim, said he too is a Car Show participant, the cars shown are valued from $30,000 to $lOO,OOO, his wife has discovered Seal Beach, she and friends come to the Tea Room, he and family frequent Seal . Beach for dinner, a place discovered by means of the Car Show, thanks to the City and residents for allowing them to visit, it is hoped the Car Show will continue as his family looks forward to it, and they enjoy the City's hospitality. Mr. Bob Hogatt, Anaheim, associate editor for a small auto magazine, he has been associated with the Car Show for about three years, their magazine is donated for the Goodie Bags, they sponsor trophies for the cars in the Show, the winners have been featured in their magazine, he has also donated his time to park the cars and work the Show, has enjoyed the association with the Show and Kim and Steve Masoner, his hope is that it continues. Mr. Steve Bruce, Seal Beach, stated that he was president of the then Seal Beach Business Association when the Car Show was created, created for a reason. He recalled that for many years there were sidewalk sales where the merchants could display their goods near the curb in order to attract people to the community, over the years the sidewalk sales started to slide, there were discussions as to how to bring more people into town to attend the sidewalk sales, also to not have people run over I I "'; ,. ,~ . ~'''''''/<,T!:-';'-'''' 2-23-04 I by vehicles when trying to cross Main Street. Mr. Bruce offered that the Car Show was a. small idea, classic cars parked on Main Street, possibly a hay ride, food, making more of a party atmosphere, his recollection is that it was created in 1988, they had a Car Show in April consisting of sixty-eight cars, there was another Show in November with one hundred twenty-five cars, and there has been growth since that point, the Seal Beach Car Show is an icon, it is recognized in Seal Beach, Southern California, and in other areas. Mr. Bruce said he was not aware of the issues or that the Car Show might be in jeopardy, it is something that the town looks forward to, it is sponsored with pride every year, it brings thousands of people to this town, and it all occurs in one day, his business in not affected by the Car Show yet he knows from feedback that people come to the Show, look at the town, and come back again and again, in his opinion, if this is allowed to change or go in any manner it would be a shame for this town. Ms. Kathy Orr, Candleberry Avenue, said this is the best City in the best County in the best State. Ms. Orr spoke in support of Mr. Eagar for City Council citing his dedication, moral values, community activities, Mayor Campbell as well for her dedication to the City. Mr. Clarence Lloyd, College Park East, expressed concern with what he deemed to be garbage politics that is taking place, he attended the Candidate Forum a week ago and was shocked to see how differently the candidates are financing their campaigns, Mr. Eager said other than from family members his campaign contributions have come from residents of College Park East, mostly small increments, his opponent Mr. Ybaben on the other hand is getting money from outsrde the District to run for City Council, several large contributions from residents of Old Town, each of his donations by themselves is larger than any single donation that either candidate received from college Park East, he finds that suspicious and questions what is the motivation, why would someone in Old Town be so generous in donating to a campaign in College Park East unless something is exp~cted in return, or to influence that candidate if elected, the response of Mr. Ybaben was that he needed to collect all of that money to win his election to the City Council and clean up pOlitics in Seal Beach, unfortunately he is accepting that influence in large dollar increments, if elected is he going to represent the residents of College Park EQst or those individuals in Old Town who have contributed geperously to his campaign, he would like to see this addressed in the future. Mr. Lloyd said he was also disturbed with the scare tactics used in the campaign, Mr. Eagar says he ,has a plan for the tennis club, a plan to market it better whereby it can be made into a first class tennis facility, open to the public, and be self- sufficient, Mr. Ybaben on the other hand says he will save the tennis club by ensuring that low income housing does not go in on the tennis club site, looking into that statement he could find no one even suggesting such a thing, in fact his recollection is that it was this Council who voted to maintain the club as a public facility, is that a scare tactic to shape the election. Another election is also taking place in College Park East which is for City Clerk, Ms. Boyd put up campaign signs, that is fine, yet someone went through and systematically removed only Mayor Campbell's signs, the question is whether it was from another campaign which in itself is alarming because one of the responsibilities of a City Clerk is to ensure a fair and honest election, if a campaign can not be fair and honest then how could an election be fair and honest, his suggestion would be that if any City Clerk candidate finds that it was I I 2-23-04 someone in their campaign that removed the signs that they step down, from being a candidate. Ms. Sue corbin, Seal Beach, made reference to a campaign ad in the Leisure World News, she would hope that no candidate was involved or City facilities used for that ad, and that the Manager would admonish candidates not to use City facilities for campaigns. Ms. Corbin expressed her opinion that it is wrong for someone to accuse a candidate of something without having facts, that is a false accusation. She made a comparison of Compton politics with that of Seal Beach. Ms. Corbin said she would hope that the Mayor had nothing to do with the Leisure World ad, or encouraged people to put money into the ad, or used a City telephone, FAX machine or facility in any way, or has any knowledge of who did the ad, that information will be found out. Ms. Joyce Parque, Seal Beach, claimed that it sounded like a previous speaker did the ad, but it all started with the Mayor going door to door. Ms. Parque charged that in recent years the Mayor decided that the only place to put all Section 8 people would be in Old Town, that is when the people got involved, said the Mayor does not deserve a term as City Clerk, it is time for qualified young people to take over, but the Mayor says she is the only qualified, honest, experienced, dedicated candidate. Ms. parque recalled speaking at the last meeting about the $1 million that Bixby gave to the City for the tennis facility/College Park East, and $1 million for the bridge, the Mayor said it was given to the City, that is true yet it was to be used only for College Park East, however she did not even vote for the project, where is the money coming from to pay for the pensions for Police, Fire, and Lifeguards, it has cut the services, someone should look at the Old Town streets, they are sinking, there is grass, no curbs, no curbs to paint, people can not be ticketed if they can not see where to park, the taxpayers are paying the bills, the highest revenue is the utility tax, second is property tax, then sales tax, the taxpayers are getting nothing for what they pay, and claimed that there are employees who do not come to work on time, leave early, that is stealing. Ms. parque suggested that everyone vote next Tuesday, and vote for change. Mr. Bob Heenan, vice President of the Chamber of Commerce and Business Association, thanked the Council for the job they do, the Car Show, a walk down memory lane, things that the Car Show does for the Chamber, it funds the Christmas Parade, the springfest and Parade, Music on Main, the State of the City, these are things that the Chamber can put on because of the money realized from the Car Show. Mr. Heenan pleaded that the Car Show continue, it is needed, it puts the City on the map, and it does support the infrastructure of the City. Ms. Margene Walz, Seal Beach, said with regard to qualifications for City Clerk, Ms. Linda Devine is a highly qualified, honest, and ethical person, was elected to the Bellflower School Board, held many volunteer positions in that City, because of this she has learned to handle paperwork effectively and efficiently, she is young, and computer savvy, someone like Ms. Devine is needed to bring the City into the twentieth century, the best candidate. Mr. Glen Clark, Trailer Park, said this day in age politicians are different, it used to be that candidates would say how good they were, described what they planned to do, now all they do is attack and criticize each other, it is a backwards way of picking politicians, picking who should not be voted for rather than who should be voted for. Mr. Clark pointed out that there is only about a week to go to complete the MPROP papers, the Park residents need to get behind it. He expressed his opinion also that Mayor Campbell I I I ~ .fh-....... .. .&--:. . ...,J 2-23-04 I is one of the best people he has met in a long time as far as getting things done, and that her background would serve the City well as City Clerk; and extended appreciation for the help that she has given to the Trailer Park. Mr. Clark stated that his intent had been to remind the citizens that the election is about a.week away, other speakers did the same, and mentioned the importance of elections. Mr. Frank Boychuck, Trailer Park, said he wished to endorse Mayor Campbell for City Clerk, she is a dedicated person, helps with problems, even those that do not concern her area but do concern the City as a whole, people and issues, as far as qualifications there was mention of youth, and computers, Mayor Campbell is extremely computer literate, well beyond the average person, that along with the traditional issues that make a qualified City Clerk, if the City wants someone who is dedicated, cares about the City and the residents, that would be Mayor Campbell. . Mr. Ray MOlinly, Welcome Lane, thanked everyone involved in saving the residents homes in the Trailer park, it was a long battle, everyone involved had misplaced anger and made false accusations, because of the help the low and moderate income people in the Trailer Park still have a beautiful place to live, a block from the beach, and added thanks for al~owing everyone in the Park to have two stories, the prior system was very unfair and oppressive. Mr. Molinly directed thanks to Councilman Yost and Mayor Campbell for their dedication of considerable personal time to resolving the issues in the Trailer park, and said although the other candidates may be qualified he knows that Mayor Campbell is one that stands up for the little guy and does not give up. Dr. Brad Glowaki, Chamber'President, said he wished to give a vote of confidence for the Car Show that is planned for April, urged that it be approved, it is not an event that one can tabulate how much business it generates, but repeat business is known, it puts Seal Beach on the map, alerts people to the charm and uniqueness of the town, even though the Car Show has been held for nearly twenty years he would like to see it become an annual event, there has been support at the Chamber level that this be an event year after year, it is a family event as Chamber events are, it is oriented to the community, gives the shop owners some interaction, bringing the numbers of people to town can be nothing but good for business, Seal Beach has become known for its Car Show. There being no further speakers, Mayor Campbell declared Oral Communications closed. I CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. I COUNCIL COMMENTS Councilman Larson said it is sad to see dirty politics in the elections in Seal Beach, the cowards that put in ads, send out fliers, and pull down signs so that it can not be determined who did it sometimes hurts more than their candidate, there are three candidates for City Clerk, in his opinion either one of the other two candidates could have put the ad in the Leisure World News, it is not known who it was, nor is it known who is taking down Campbell signs. Mr. Larson mentioned that while he chaired the Fair Political Practices Commission for many years when he gave speeches the one question he could count on was 'how are you going to stop dirty politics,' the response was 'when it quits working,' the Commission did not have jurisdiction to do anything, he 2-23-04 tried to get jurisdiction, he feels disappointed that the Supreme Court ruled that freedom of speech outweighs a lot of other rights, therefore people have the right to anonymously destroy names and reputations, it is not fair, he is saddened that the Supreme Court has never understood that, he is sorry too that the paper runs those kind of ads, his recommendation has always been that the newspapers stop running political ads two weeks before an election, that would stop last minute politics. Councilman Yost said he too was disappointed at the slime letter that had been published in the local paper aimed at himself, written fictitiously, he would hope that type of activity does not occur in the future, a retraction was printed yet it still bothers him to a great degree, the papers should check their sources. Councilman Antos mentioned that at a previous meeting the Council approved a letter to Assemblyman Harman requesting that legislation be introduced, it has been introduced as AB 1970, his request is that the City Manager prepare a letter asking the California League of Cities, the Orange County Board of Supervisors, and the cities in Orange County to support this legislation, and so moved. Councilman Larson seconded the motion. I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried Councilman Doane noted that last week he, the Mayor, and City Manager attended the opening of the new Sunrise Senior Living facility, elaborate and affordable, it will be a wonderful addition to the City, it is even larger than the Ayres Hotel, and suggested that anyone having interest in this facility contact Sunrise. Mayor Campbell said she imagined that the ad in the Leisure World News is what has been referred to, stated that she had nothing to do with it, and the Editor of the paper would not disclosed the identity of the person who placed it. In response to public comments, Mayor campbell explained that the Council does not have offices at City Hall therefore there is no access to the taxpayers anything, anything that the Council does on behalf of the City is done out of the home of the Councilmember and personal money, when she does something for the City she uses her computer, paper that she buys, her printer, FAX machine, etc. Mayor Campbell said she too has seen ads placed by candidate opponents that cbntain statements that are not true, the papers do not check ads before they publish them, they are merely a paid political announcement. She said there was mention of Section 8 housing, to that Mayor Campbell said she had no idea what that meant, however there is quite likely Section 8 housing in the City it is just not known where, that is basically between the owner of rental property and the government, a landlord has the option of taking or not taking Section 8 housing. Mayor Campbell explained that the City does not yet have title to the tennis club however will sometime before September, at that time the City will get the $1 million, the Development Agreement sets out that the $1 million is to be used for College Park East, that was done because the Bixby project mostly impacts College Park East residents. It is not known what is meant by the reference to performance pay, there is no such thing. Mayor Campbell noted also the response of a speaker to an accusatory public comment regarding another candidate, and stated that people only have the right to do things that are right, one does not have the right to do things that are wrong, there is no right to lie, cheat, steal, or kill, there is a right and responsibility to only tell the truth, liars are not a protected class in this society. I I -.,'1',."';'':'- ....-..""-:..""""" 2-23-04 APPOINTMENT - CITIZENS PARTICIPATION COMMISSION Councilman Antos moved to appoint Ms. Wendy Rothman as the District One representative to the Citizens Participation Commission for the unexpired term ending July, 2004. Councilman Larson seconded the motion. I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried CONSENT CALENDAR - ITEMS "E" thru "U" Yost moved, second by Larson, to approve the recommended action for items on the Consent Calendar as presented, except for Items "0" and "U", removed for separate consideration. E. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. F. Approved the minutes of the February 9th, 2004 regular meeting. G. Approved regular demands numbered 45197 through 45369 in the amount of $1,109,531.75, ADP payroll demands numbered 8294008 through 8294086 in the amount of $183,903.68, and authorized warrants to be drawn on the Treasury for same. I H. Received and filed the Monthly Investment Report for January, 2004. I. Approved the Professional Services Agreement for Maintenance of the City website with Quecore, Inc. for the term of one year, and authorized the City Manager to execute the Agreement on behalf of the City. J. Adopted Resolution Number 5209 entitled "A RESOLUTION OF THE-CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING STANDARD CONDITIONS OF APPROVAL FOR VESTING TENTATIVE AND TENTATIVE SUBDIVISION MAPS, 2003 EDITION." By unanimous consent, full reading of Resolution Number 5209 was waived. K. Approved the California Department of Transportation (CalTrans) Cooperative Agreement 12-376 for the Seal Beach Boulevard and Interstate 405 Bridge Approach Widen Project No. 49750, and authorized the Director of Public Works to execute same on behalf of the City. I L. Received and filed the Sand Retention Groin Rehabilitation, project Number 50147, Design Update agenda report. M. Adopted Resolution Number 5210 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING STANDARD PLANS FOR WATER FACILITIES, 2004 EDITION." By 2-23-04 N. unanimous consent, full reading of Resolution Number 5210 was waived. Adopted Resolution Number 5211 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING STANDARD PLANS FOR SEWER FACILITIES, 2004 EDITION." By unanimous consent, full reading of Resolution Number 5211 was waived. I P. Approved a Professional Services Contract for the inspection and repair of the City owned storm water and water pump stations to Vaughan's Industrial Repair Co., Inc., and authorized the City Manager to execute the agreement on behalf of the City. Q. Received and filed the Request For Proposals for the City's janitorial contract. R. Adopted Resolution Number 5212 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT NO. 04-22, AUTHORIZING THE INCREASE IN EXPENDITURES FOR THE ANNUAL CONCRETE REHABILITATION PROGRAM, PROJECT NO. 50178." By unanimous consent, full reading of Resolution Number 5212 was waived. S. T. AYES: NOES: Adopted Resolution Number 5213 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT NO. 04-23 FOR THE ACQUISITION OF FOUR DODGE DAKOTA PICKUPS AND ONE CHEVROLET TRAILBLAZER FOR THE LIFEGUARD DEPARTMENT THROUGH FINANCING," and adopted Resolution Number 5214 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE WITH OPTION TO PURCHASE, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH" and received and filed an update to the Council adopted Fleet Management Plan. By unanimous consent, full reading of Resolutions numbered 5213 and 5214 was waived. I Received and filed the staff update report relating to the Hellman Ranch Education Center, and instructed staff to forward same to the Parks and Recreation Commission and Archaeological Advisory Committee for information purposes. I Antos, Campbell, Doane, Larson, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "0" - SAN GABRIEL RIVER DEBRIS BOOM - PROJECT 50086 - FINAL REPORT Councilman Yost stated for information of the public that this is the final report relating to the San Gabriel River Debris Boom project, this project was just one more way to "-'f,~~.~..:, ,:,;"-,:,,,,'~,i:'< 2-23-04 clean the beach and promote water quality. Yost moved, second by Antos, to receive and file the final report, and authorize the City Manager to forward same to the County of Orange and the County of Los Angeles Watershed Divisions. I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I ITEM "U" - AGREEMENTS SOLID WASTE COLLECTION and CABLE TELEVISION FRANCHISE -,INFORMATIONAL REPORT / RESOLUTION NUMBER 5215 A member of the audience was advised that she had the opportunity to speak to this item under Oral Communications. The City Manager presented the report, explained that with regard to the refuse collection agreement the expiration date is not 2007, the agreement makes mention of seven years yet the language is that it is 'seven years from the date the agreement is executed and authorized by the City,' that date was 1998, it then extends each year for a continuous term of seven years, therefore if the desire was to seek bids it would be necessary to send a notice thus if the notice were sent now it would be 2011, the term language is somewhat difficult to understand, always renewing for a total of a seven year period,. that is fairly common, the reason for that language is that when they make investments for trash trucks as an example it is amortized over a certain period of time. With regard to the Cable Franchise, which expires in 2007, the Manager said to his knowledge an audit has never been done on the Cable Franchise Agreement, therefore staff would recommend an audit to determine if the appropriate fees are being collected. He mentioned that he receives a considerable number of cable television complaints basically due to the switching of tiers, adjustment of rates, etc. yet the hands of the City are basically tied by the Telecommunications Act, the audit would not deal with issues such as rates yet will provide the opportunity to assure that the City is getting its proper franchise fees, also, because Adelphia is in the situation they are, recently a $1.39 charge has appeared on the bills and the City should be certain that that fee is correct. I Mayor Campbell recalled that Mr. Briggeman had said that the banks will not grant them financing because their business is so capital intensive therefore they need to show that the contracts are let for seven years to make the payments for the heavy equipment that they need to purchase. Councilman Yost asked if both contracts could be flagged for negotiation and review by Council. With regard to the refuse contract, the City Manager said since it automatically renews the direction would need to be to send them notice of the intent to go to bid, that would allow six years to prepare for that, the notice could be done in the next few months if that is the desire. Councilman Yost said he felt that there should be assurance that the City is getting the best deal on behalf of the residents. with regard to the Cable Franchise, the Manager said staff will most likely come to the Council at a minimum in about a year or year and a half to start the process, an RFP can not be put together over night especially when dealing with either trash or cable which is extremely complicated. Councilman Yost offered that given the budget situation the City needs to look anywhere it can to obtain the best deal for services. Councilman Larson inquired as to a recourse when there is poor cable service, this program is known to have been fading in and out for the past two or three weeks, does the City have:some right to make them run a 2-23-04 good system. The Manager responded that there could be discussion with regard to performance issues, it is known that Ms. Fort-Linke has been working on that issue, at some future date a letter can be prepared to Adelphia citing the problems with performance issues, request that they respond as to correcting those problems. Councilman Larson noted that in the past when something went bad they immediately put on an answering machine that merely stated that they were aware of a problem and advised customers to call back in a certain number of hours, there should be some return or resolution to those types of things. Councilman Antos advised that he too receives complaints on the service, he believes that well before the Cable Franchise comes forward for renewal the staff needs to meet with the cable representatives to try to sort this out as he is aware that some other cities do not just have a nonprofit cable foundation for public access but a city committee that deals strictly with compliance and a requirement that the cable company meet monthly with the City to try to resolve some of the complaints, and with the kind of bad service and signals that he experiences and that he hears about, if this can not be resolved by City staff then the Council may wish to entertain putting together a City committee to deal with the complaints. Councilman Antos stated he would like a notice sent to the solid waste disposal company indicating that the City wishes to exercise the seven year option so that the service can be evaluated, in addition, he would like to have all of the various franchises and' contracts placed into a report to come to the Council for review. Mayor Campbell mentioned that she and Councilman Brown acted as a subcommittee that negotiated with the cable company, it must be kept in mind that the City goes through this exercise every ten years, yet the cable company does that every day, and even though all of the issues were laid out there were things that the subcommittee and Council were not pleased with because there were questions that had not been answered to satisfaction. I I Yost moved, second by Doane, to receive and file the staff memorandum, and requested staff to have an audit performed with regard to the cable service to assure that there is an appropriate level of service for the fees being paid, and adopted Resolution Number 5215 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 04-24, TO CONDUCT A CABLE FRANCHISE UADIT FOR THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 5215 was waived. AYES: NOES: Antos, Campbell, Doane" Larson, Yost None Motion carried PUBLIC HEARING / ORDINANCE NUMBER 1517 - EXTENSION OF INTERIM ORDINANCE NUMBER 1514 - BUILDING PERMITS/LAND USE ENTITLEMENTS - BRIDGEPORT - URGENCY Councilman Yost stated he would remove himself from consideration of this item as his residence is in the Bridgeport area, and left the Council Chambers. I Mayor Campbell declared the public hearing open. The City Clerk certified that the notice of public hearing was 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 on January 12th the Council considered this matter, adopted Ordinance Number 1514 as an interim Ordinance for a "~\' , .,.'-J-.;;o.....~ 2-23-04 I period of forty-five days, that Ordinance will expire on February 26th unless an extension is adopted, the recommendation is adoption for the maximum period of time of ten months and fifteen days, Quring that time the staff will try to resolve the differing standards within the Zoning Ordinance, the Redevelopment Plan, the Precise Plan approvals that were granted for the project in. 1966, and the architectural standards that are subject to CC&R approvals for the two tracts within this area, and bring back a consistent set of development standards that would be adopted into the Zoning Ordinance and the Redevelopment plan to maintain consistency and hopefully maintain conformance with the Precise Plan and architectural standards that the residents of the area are now subject to. I Mr. Robert Goldberg, resident of the southerly tract of the Bridgeport area, stated he has been involved over the past three months educating the residents about the CC&R's and helping to organize a movement that has resulted in a new Architectural Committee being appointed for the southerly tract, tract 6346, which consists of seven members, there are seventy-six homes in that tract therefore the seven members represent about ten percent of the homeowners. Mr. Goldberg said he felt he could speak for the majority of those homeowners as being in support of the moratorium, this will give an opportunity for the northerly tract to form their Architectural Committee, his understanding from the City's perspective is to look at the three different ordinances that apply to their properties as well as the CC&R's and try to develop a uniform document that all can agree on, he would stress however that the CC&R'S, from the residents standpoint, form the core of what is felt the development standards for that area should be. He said it is interesting that the concept of the CC&R's and Architectural Committees were proposed in 1966 by the City Engineer during review of the proposed development, the Engineer had the foresight to know that the typical zoning codes were not appropriate for a community of three thousand square foot lots and zero lot line homes, therefore the Engineer recommended that a series of deed restrictions be placed on the properties including requiring Architectural Committees and the Planning Commission approved those recommendations, and Ordinance Number 700 endorsed all of the recommendations of the City Engineer, therefore the CC&R's and Architectural Committees actually predate development of this project which originated in concept from the City. Mr. Goldberg stated that the residents would like to see the City make a commitment to work with them to maintain the CC&R'S, and where possible the people would like to see the tangible portions of the CC&R's incorporated into the zoning, as an example one Article states that for single story construction the side wall can not be higher than ten feet, a very objective factor. Mr. Goldberg made reference to a recent Planning Commission hearing where staff expressed a reluctance to have the City be involved with CC&R'S, however in the Bridgeport area, given that the history of the CC&R's originated from the City, the nature of the homes, the small lots, it is felt that the area should be given special consideration for at least portions of the CC&R's being incorporated into whatever document is developed, it seems as if there is precedent, his understanding is that there are CC&R's in Sunset Beach which were incorporated into their zoning as well. He offered that what the residents of Bridgeport would like to see come out of the process with the four differing zoning regulations and CC&R's is an amalgamated product to which all can agree, it I 2-23-04 is felt that that is a shared goal with the Planning Department, that full consideration,be given to the CC&R's in that process. Mr. William MCNalley, resident of the northerly tract of Bridgeport, tract 6345, acknowledged that Mr. Goldberg has been quite active in tract 6346 in establishing their Architectural Committee, the northerly tract is a little behind in that there is not an immediate incentive to move that quickly however they are in the process of collecting names of residents to serve on an Architectural Committee for tract 6345. He noted that Bridgeport is not a cohesive tract, 'there are two tracts that requires separate activity in each, the desire is however to keep the two tracts in reasonable concert as to Architectural Committees and maintaining similar standards. Mr. McNalley said he and some of his immediate neighbors would support the extension of the moratorium so t,ilat the standards can be resolved in a clear and concise way, residents would like adequate protection to maintain the tracts in their present status. Ms. Sue Corbin, Seal Beach, spoke against CC&R's, stated that they are rarely enforceable in court, putting them into law invites litigation, let the residents have their CC&R's and enforce them, if they are placed in Seal Beach zoning then the City has to enforce them. Ms. Corbin asked that the Mayor not be voted in as City Clerk. There being no further comments, Mayor Campbell declared Oral Communications to be closed. I The Director of Development Services advised that the Council had been provided a revised Ordinance with non-substantive changes. Councilman Antos said when this is looked at with the residents of the area he would hope that what comes back to the Planning Commission and Council is like a zoning ordinance for that particular nE~ghborhood rather than things that become part of CC&R's that are not land use zoning regulations. I Antos moved, second by Doane, to adopt revised Ordinance Number 1517 entitled "AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858, EXTENDING INTERIM ORDINANCE NO. 1514, 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." By unanimous consent, full reading of Ordinance Number 1517 was waived. The City Attorney advised that the Ordinance would be adopted at this meeting by a four/fifths vote. AYES: NOES: ABSTAIN: Antos, Campbell, Doane, Larson None Yost Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:40 p.m. The Council reconvened at 8:50 p.m. with Mayor Campbell calling the meeting to order. I PUBLIC HEARING / ORDINANCE NUMBER 1518 - EXTENDING ORDINANCE NUMBER 1502 - PROHIBITING ALERATIONS/ ENLARGEMENTS/EXPANSIONS - NONCONFORMING RESIDENTIAL BUIDINGS - URGENCY Mayor Campbell declared the public hearing to be open. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received for or against this item. ' The Director of Development Services noted that this and the '. '~~~ ~ ..,-'-......."'" 2-23-04 I following item are tied together, the proposed Ordinance 1518 will extend the previously adopted Ordinance 1502 that placed a moratorium on expansions and additions to nonconforming residential uses, Ordinance 1502 due to expire on March 27th, the following item is a public hearing to consider adopting new zoning standards for nonconforming residential buildings, however if that Ordinance is adopted it will not be in effect until after March 27th, the request is to extend the moratorium up to the maximum period of time allowed, ten months and fifteen days, and should the Council adopt the new standards for nonconforming residef1tial uses at that time there will be language within the Ordinance that will repeal the moratorium upon the effective date of the new regulations, which would be thirty days after the second reading, that anticipated date would likely be about the end of May. There being no comments from the audience, Mayor Campbell declared the public hearing closed. Antos moved, second by Doane, to adopt Ordinance Number 1518 as revised to reflect non-substantive changes, the title of which read by the City Attorney, "AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH EXTENDING INTERIM ORDINANCE NO. 1502, AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 PROHIBITING MINOR OR MAJOR STRUCTURAL ALTERATIONS, ENLARGEMENTS AND EXPANSIONS TO CERTAIN NONCONFORMING RESIDENTIAL BUILDINGS AND USES DURING THE PENDENCY OF THE CITY'S REVIEW AND ADOPTION OF RELEVANT PERMANENT ZONING REGULATIONS AND DECLARING THE URGENCY THEREOF." By unanimous consent, full reading of Ordinance Number 1518 was waived. I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I PUBLIC HEARING / ORDINANCE NUMBER 1519 - ZONE TEXT AMENDMENT 04-1 - ALTERATIONS/ENLARGEMENTS - NONCONFORMING RESIDENTIAL STRUCTURES Mayor Campbell declared the public hearing open to consider ZTA 04-1, alterations and enlargements to nonconforming residential structures. The City Clerk certified that notice of the public hearing was 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, noted that this item comes to the Council on the recommendation of the Planning Commission, that during the period of the moratorium on the expansion of nonconforming residential uses the Planning Commission held three separate study sessions regarding this issue, they received public input, once the study sessions were completed the Commission requested staff to prepare language for a Zone Text Amendment, two public hearings were held, and the recommendation from the Commission reflects their determination. The Director explained that their recommendation is to amend the Code to only allow for expansions or additions to existing nonconforming properties that are developed with a single unit on the property, if there are multiple units and the property is nonconforming in any manner there would be no addition or expansion allowed to the structure, the additions and expansions for single family residentially developed properties or single properties would only be allowable if the nonconformity is an existing setback to the structure or the existing height of the structure, any new addition would need to go to the Planning Commission for approval under the Minor Plan Review process and all of the new addition would be required to meet all of the development 2-23-04 standards of the City, an example would be that if an existing sideyard setback is three feet rather than three feet nine inches the existing wall could remain at three feet but a new wall would require a three foot nine inch setback. He stated that the only other change the Planning Commission recommended was that within Old Town for lots that have a single unit and they want to do an addition yet an existing garage that does not meet the current rear yard setback for alley access into the garage the garage would be required to be modified to meet the setback requirement which allows for the proper turning radius. I Councilman Yost made reference to multi-unit dwellings that are legal nonconforming, his understanding is that they can be added onto provided they meet all of the current requirements and come into conf~rmance with regard to parking and all other requirements. The Development Services Director responded that they could provided they met all of the density, parking, and lot coverage requirements, however most multi-unit properties that have historically been subject to this type of request in the past do not meet the density standards, that is primarily an Old Town issue for multi-unit properties, an issue that came up was the single family properties on the Hill and in College Park East that had some different standards, ordinances that were adopted outside the zoning Ordinance that mandated different setbacks. Councilman Larson inquired as to why the Ordinance specifies where an item will appear on a Planning Commission agenda, the Director explained that the Commission felt it was important to have in the Ordinance, the current Ordinance says that it is to be a Consent Calendar Minor Plan Review item, that seemed to be important to them. Councilman Larson stated that a variance is something that no one is entitled to, they are supposed to only be granted in drastic circumstances when a situation is almost depriving a person of the use of their property, however the Ordinance says that certain variations could be made by getting a variance, implying that there might be a right to be granted a variance. The Director agreed, however noted that the city can not preclude an individual from applying for a variance, generally when that happens staff walks them through the findings that must be made for variance approvals, explaining that in the opinion of staff they ,do not qualify and that approval will not be recommended, yet there are times when people still want to try. There being no public comments, Mayor Campbell declared the public hearing closed. I Antos moved, second by Yost, to approve the introduction and first reading of Ordinance Number 1519, the title of which was read by the City Attorney, "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING ARTICLE 24, SECTION 28-2407 OF TITLE 28 OF THE CODE OF THE CITY OF SEAL BEACH REGARDIG STRUCTURAL ALTERATIONS AND ENLARGEMENTS TO NONCONFORMING RESIDENTIAL BUILDINGS AND USES (ZONE CHANGE AMENDMENT 04-1)." By unanimous consent, full reading of Ordinance Number 1519 was waived. Councilman Yost offered that whenever a moratorium is done there are always unintended consequences, he has received calls from Hill residents that have nonconforming properties is somewhat strange ways which precluded them from doing some fairly minor alterations, therefore it is good to see this issue moving along. Councilman Larson inquired if this Ordinance will cut down on the number of requests for additions or alterations to nonconforming properties, the response of the Director was that that is likely in many cases because it will preclude the owners of multi-unit I 'I'_v..,.-;. ",'''j,..e,;"". 2-23-04 properties from applying, that may have been seventy percent of the applications over the years that have gone through the process. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I I PUBLIC HEARING / ORDINANCE NUMBER 1520 - RESIDENTIAL OVERLAY ZONE - BED and BREAKFAST FACILITY - ZONE CHANGE DESIGNATION 04-1 Mayor Campbell declared the public hearing open to consider Zone Change Designation 04-1. The City Clerk certified that the notice of public hearing had been advertised as required by law as well as mailed, and reported no communications received either for or against this item. The Associate Planner presented the staff report, noted that this request is from the owner of the property at 308 7th Street, a request that a Residential Overlay Zone designation be granted to this property. He reminded that a couple of years ago the issue of bed and breakfast came before the Council at which time the Council looked toward ways to save historic homes within the City, designating specifically the Krenwinkle House and what was then the Proctor House and placed them on a local historic register, at the same time the Council adopted Sections 28-850 through 28-856 of the Code which set forth a procedure whereby a specific property could be designated for a Residential Conservation Overlay and qualify to operate as a bed and breakfast within the City, this property meets all of the Code criteria. ,The Planner reported that the Planning Commission considered this item and approved a Conditional Use Permit which would give the owner the ability to operate a bed and breakfast on the subject property subject to Council approval of the zoning designation for the property, emphasizing that this is merely a zoning designation and not a use permit. I Councilman Antos said his understanding is that the Overlay for this property is for the operation of a bed and breakfast in a preserved home, yet if sometime in the future the current property owners or future property owners decide that they do not want to maintain that use on the property, what happens to the Overlay Zone. The Planner explained that the way it is proposed there would be two single family homes on the property which are allowed by right under the density standards of the Code, the Conditional Use Permit would be valid for a year and if that use was not implemented the CUP would become invalid. Recalling the bed and breakfast discussions of years past, Mayor Campbell said she thought that the zoning was designated at that time, what is different now from then. The Planner responded that the zoning was put in place but was not designated to a specific property, the request is that that zoning now be designated for this property, also, there are a number of criteria and the property owner needed to meet all of them to qualify, the applicant at that time did not wish the property to be so designated, however that is the designation being requested at this time. Councilman Larson noted that this is the only piece of property that can meet this criteria. Mayor Campbell read portions of the criteria as set forth in the staff report, examples being that the owner of the bed and breakfast shall reside on the property, the maximum stay shall be ten consecutive days per thirty day period, maximum guest rooms to be six, and check-in shall be 9:00 a.m. until 8:00 p.m. Mayor Campbell mentioned that there is an apartment building next door, said to be eight units, those 2-23-04 tenants can come and go at any time day or night, the applicant will have six, what if for some reason a guest can not get to the facility by 8:00 p.m., the people who come to a bed and breakfast are not rowdy, they are looking for the ambiance of Seal Beach, in her opinion the check-in and out of 9:00 a.m. and 8:00 p.m. is very restrictive. The Planner responded that the criteria referred to was adopted by Ordinance therefore in the Code, it is specific to a bed and breakfast, that is not something the Council could take an action on at this meeting, confirmed that it does not apply to the Seal Beach Inn and Gardens, it would apply only to a property that fits the criteria for an Overlay Zone and makes application for that designation, no other properties have applied for that designation. Mayor Campbell again expressed her opinion that that particular criteria is too restrictive, this could be detrimental to the operation of this business and the interests of Seal Beach, she cited as an example, if someone is fifteen minutes late would they be turned away. The Planner offered that staff could look at amending that provision of the Code through a Zone Text Amendment. The City Attorney said if there is concurrence of the Council, staff could bring back an amendment to the ordinance for consideration, however at this meeting there should be a motion with respect to issue before the Council. Councilman Doane suggested that it should be the applicant that makes application for such change~ The Mayor stated her recollection was that that was one of the issues, in her opinion the way the House has been renovated is an asset. I Mayor Campbell declared the public hearing open. Mr. Chris Verhulst stated that he and his wife are the applicants for the Residential Conservation Overlay Zone, acknowledged that the check-in/check-out hours are an issue that could come into play, likely not often however, it is more customary that people make reservations and check-in during afternoon hours, yet if a situation arises where they are late or if someone were to come across the street from the Pacific Inn at this point he could not technically check them in after 8:00 p.m., it would be nice to have the ability to take the overflow from either the Pacific Inn or the Seal Beach Inn, both having been supportive of this project. Mr. Verhulst mentioned that he has been involved with this project for several years, initially the plan was that the Krenwinkle House would go on Marina Park or to the golf course project, however there were no funds to either move or renovate the House, when the golf course project did not go through there was no where for the House to go, it sat for about five years, his initial proposal was to move the Proctor and Krenwinkle Houses, the owner of the Proctor House however decided to tear it down and replicate it, at that point all of the plans that were drawn, renovations, etc. were useless, they then drew a new project and this is it. To comments of the Mayor, Mr. Verhulst stated that when they were going through the process they did a profile of the people who frequent bed and breakfast facilities, they were typically between forty-five and sixty-five, middle management, spent $250 per person in the community above and beyond the bed and breakfast, they feel it is a positive impact in many ways, and approval of the Council is requested. Ms. Joyce Parque, Seal Beach, said this is a Zone Change from 7th to 8th Street, Pacific Coast Highway to Electric, asked if this is that entire area or just special for the one property. Ms. Parque accused the Mayor of speaking against the rental tenants next to this property and all of the town who pay rent and shop in town, yet this grants this person special I I "''''''''''''.'' ......,....-,..~'"" 2-23-04 I privileges, the claim is that 'this will bring business to Seal Beach yet the police cars are being sent to Sunset Beach to be washed rather than in Seal Beach for a savings of only $.50, a seven mile round trip taking ten minutes each way. Ms.. Sue Corbin, Seal Beach, objected to asking people to speak for or against an item, said $pot zoning is very special for this piece of property, the Mayor should have been stopped when she wanted to change something that was not part of the public hearing, it was not agendized, a Brown Act violation, at the League of Cities they even explained how to get around the Brown Act. Ms. Corbin claimed that the bed and breakfast was a vengeance against Old Town for the Bixby Center, and again asked that people not vote for the Mayor for City Clerk. There being no other speakers, Mayor Campbell declared the public hearing closed. I Councilman Larson mentioned that he was on the Planning Commission when this was first considered, he did not understand any of it, first of all it has to be a house eighty years old, a historically significant house, his initial thought was if the City wishes to have bed and breakfasts why not just declare them acceptable, one could not start a bed and breakfast with new construction that complies with the Code with studs sixteen inches on center and the height limit, it needs to be an old dwelling, and when it is done his feeling is that it does not look like the original house, this issue went through the Planning Commission, then the Council, it started as two houses, now it is just one, the Overlay Zone could be placed on the entire City but there is only one house that would qualify, that is the subject house, it needs to be so many feet from Pacific Coast Highway, across from a hotel, and designated historic, it is difficult to understand why there can not be bed and breakfast facilities anywhere in the City. Councilman Yost noted that one issue was that the community did not want bed and breakfasts allover the City, that is why the ordinance was crafted as carefully as it was, on the other hand there was a desire to maintain the historic structures, it is now an aesthetically pleasing structure, a nice addition to that Residential 'High Density area, it is one of the nicer units, and stated he would not have a problem with this use. Councilman Antos offered that based upon what the Planning Director said and the limitations on the use of this property, the number of units, assuming it is put to a different use sometime in the future where it would revert back to the density and the number of units required by Code, and that it has the parking for this use, he would not have a problem with the proposed overlay. I Doane moved, second by Yost, to approve the introduction and first reading of Ordinance Number 1520, the title of which was read in full by the City Attorney, "AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 04-1, PLACING A RESIDENTIAL CONSERVATION OVERLAY ZONE DESIGNATION ON THE PROPERTY LOCATED AT 308- 310 7th ST. IN THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1520 was waived. In response to comments of a speaker, Mayor Campbell said she did not smear the neighboring tenants, it is felt that they are appropriately screened, she was merely pointing out that there are more units next door than the bed and breakfast will have, the action of the Council had been in an effort to save a historic house in the City, it is not a zone change, explained that the Bixby MOU was done in open session, it was 2-23-04 not an approval of the Bixby project, it was a mechanism for the City to be reimbursed for the cost of staff time, consultants, etc., and with regard to sending the police cars to a different car wash, the City Manager responded that it a decision that is delegated to the Manager. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None ' Motion carried I RESOLUTION NUMBER 5216 - STREET CLOSURE - ANNUAL CAR SHOW The City Manager said it is necessary to bring forth a Resolution to the Council in order to close the Pacific Coast Highway turn pockets onto Main Street for the Annual Car Show, also to alert the Council of the upcoming event, the Show is going back to the initial car configuration. Councilman Antos recalled that last year there was controversy with some of the businesses on Main Street, and asked if there have been any concerns expressed with regard to this years event. The Associate Planner responded that there have been no comments received either for or against. The Manager added that there are likely the same concerns as there was last year, whether it is a majority or minority is too hard to say. Councilman Antos said since there is a year between now and the next Car Show, he would like the Car Show supporters to look to see if there is an alternate method or place where the Car Show can be held rather than against the curbs on both sides of Main Street, try some alternatives to preclude some of the criticism. Councilman Doane mentioned that'he has served on several of the Car Show committees, and when he gets out of bed so early to park cars on Show day one must know he supports this event, and moved to adopt Resolution Number 5216 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CLOSURE OF THE NORTH AND SOUTHBOUND TURN POCKETS LOCATED AT THE MAIN STREET/PACIFIC COAST HIGHWAY INTERSECTION." Councilman Yost seconded the motion, and said it is relatively telling that this item is on the agenda, the Council has a stack of positive comments relating to the Car Show, there were about twelve speakers all in favor, that speaks quite loudly in favor of the Car Show, he too has been impressed with the running of the Car Show, it does bring a reasonable clientele to the community and augments those businesses that choose to find a way to take advantage of having new customers in town. He also thanked Kim and Steve Masoner for their efforts. Mayor Campbell too commended the efforts of Kim and Steve Masoner for organizing the many activities that bring people to the City. Byunanimous consent, full reading of Resolution Number 5216 was waived. I AYES: NOES: ABSTAIN: Campbell, Doane, Larson, Yost None Antos Motion carried CLOSED SESSION No Closed Session was held. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until March 8th at 6:30 p.m. to meet in Closed Session if necessary. By unanimous consent, the meeting was adjourned at 9:33 p.m. 2-23-04 / 3-8-04 clerk I Approved: '-1J~~~ Mayo Attest: Seal Beach, California March 8, 2004 The regular adjourned meeting scheduled for 6:30 p.m. this date was canceled due to the lack of Closed Session business ite 'n need of consideration. I Seal Beach, California March 8, 2004 The City Council of the City of Seal Beach met in regular session at 7:02 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 I Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works/City Engineer Capt. Schaefer, Police Department Capt. Pounds, Lifeguard Department Ms. Arends-King, Director of Administrative Services Mr. Vukojevic, Deputy City Engineer Ms. Yeo, City Clerk