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HomeMy WebLinkAboutCC Min 2004-03-22 3-8-04 I 3-22-04 the Council feels.what it does is considered to be unfriendly towards business, there are many people in the community that do not have business licenses as they should, the City is starting to resolve that problem, a repairman for instance, does he need a permit in every city in which he does business, sometimes the answer is yes, but there are those who try to skirt the regulations. Vote on the motion to waive the $2,000 penalty: I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried The City Attorney stated that unless there is objection, staff will bring back an amendment to the Code to require that the TOT funds be segregated and that current addresses be required for business owners to which notices can be sent. 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 March 22nd, 2004 to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 8:50 p.m. cio clerk each I Approved: ~W ~ ~~ Mayo Attest: Seal Beach, California March 22, 2004 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 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 I Absent: Councilmember Yost Councilman Yost arrived at the meeting at 6:34 p.m. 3-22-04 Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk I The City Attorney announced that this is the time for any member of the public to speak on the items identified on the agenda, this being an adjourned meeting the public had the opportunity to speak on any item within the jurisdiction of the last meeting. Ms. Sue Corbin, Seal Beach, said the legal reason is that these items were not on the last agenda. Ms. Corbin noted the item relating to the Police Officers Association negotiations and objected that the salary of the City Manager was raised and included with the salaries of the officers, therefore as. the salary of the Captain increases the salary of the Manager will likewise increase, the City should have first determined what the negotiations would be for the higher echelon rather than the consideration of the Manager salary first, that is tying raises to other employees, that is wrong, if he were to leave the City there would be a long period over which the taxpayers would be paying his salary, it is sometimes possible to find due cause to release someone from their contract. Councilman Yost arrived at 6:34 p.m. I With regard to the Ribal item, Ms. Corbin said he has always supported the whistleblower, now it is he who is being targeted, it is hard to be targeted unless one is politically active, this is ~gainst public participation, the City goes after anyone who has participated and stood up to the City, targeted for who one is and what public positions have been taken, money is constantly being wasted to silence people who have taken positions. Ms. Corbin claimed that City Clerk candidate signs are being taken down from the Bixby fence, her belief is that under federal law when there is a run-off the signs are allowed to stay, it would be wrong if City staff through a politician are being directed to remove the signs, that should be stopped. I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session pursuant to Government Code Sections 54957.6 and 54956.9(a) to confer with the City's labor negotiator relating to the Police Officers' Association, and to confer with legal counsel relative to existing litigation, City versus Joseph Ribal. By unanimous consent, the Council adjourned to Closed Session at 6:38 p.m. and reconvened at 7:17 p.m. with Mayor Campbell calling the meeting to order. The City Attorney noted that the Council met in Closed Session to discuss the items previously identified, and reported that the Council give direction to the City's labor negotiator and the City Attorney, no other reportable action was taken. ADJOURNMENT Antos moved, p.m. second by Yost, to adjourn the meeting at 7:18 AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried 3-22-04 clerk Approved: j)~l~ I Attest: Seal Beach, California March 22, 2004 The City Council of the City of Seal Beach met in regular session at 7:18 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 Captain Schaefer, Police Department Ms. Arends-King, Director of Administrative Services Mr. Vukojevic, Deputy City Engineer Mr. Cummins, Associate Planner Ms. Yeo, City Clerk APPROVAL OF AGENDA Councilman Yost requested that Items "I, M, N, and 0" be removed from the Consent Calendar for separate consideration. Councilman Antos also requested Item "N" removed, Councilman Larson noted that he wished to speak to Items "M" and "0", and Councilman Doane removed Item "P". Antos moved, second by Yost, to approve the recommended action for items on the Consent Calendar as presented, except for Items "I, M, N, 0, and P", removed for separate consideration. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I PROCLAMATIONS Mayor Campbell read in full the Proclamation of "National Public Safety Week", April 11th through April 17th, 2004. Captain Schaefer introduced Lead Dispatchers Kathy Moen and Krislyn Coleman, collectively having over twenty years of police dispatching service, and explained that every call for 3-22-04 police services is first answered by someone in the Communications Center, last year there were ninety-five thousand 911 calls through the Communications Center, and Seal Beach had thirteen thousand calls for service. The Captain said the dispatchers deserve the recognition and expressed appreciation for the Proclamation. I Mayor Campbell proclaimed April 18th through the 24th as "National Coin Week." Campbell moved, second by Doane, to proclaim both Proclamations. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I ORAL COMMUNICATIONS Mayor Campbell declared Oral Communications open. Ms. Seretta Fielding, Seal Beach Boulevard, asked that the Council reassess the pulling of Item "N", the Item is a green curb that if not removed will prohibit the new owners of the Vet property from proceeding with the construction of homes on that property, it was a Coastal Commission condition that they remove the green curb, the curb designation was used by the Vet facility that is no longer there. Ms. Fielding pointed out that it took twenty years to rezone the Boulevard to residential so that people could improve or sell their property, one of which is Mr. Greg Miller, now the owner of two properties on the Boulevard, he has sold one, the other is in escrow, yet he would deny the new owners of the Vet property the right to build the homes that they are now legally allowed to do by the residential rezoning of the block. Ms. Fielding mentioned that Mr. Miller has a green curb in front of his business just as she does, noting that her green curb accidentally extends into the property that Mr. Miller sold, her feeling is that this block needs to gain approval and progress from the Council to move on, therefore she would ask that the Council reconsider the withdrawal of Item "N". Ms. Elizabeth Kane, Seal Beach, announced that there are just eleven days to register for the 30th Annual 5K/10K race, that a wheelchair and hand cycle division has been added to the race categories, they continue to expand and enhance the children's 1K fun race, the race is Saturday, April 3rd, commences at 7:45 a.m. As of this date there has already been over seven hundred pre-registrations, based on that there will like be over two thousand participants this year, there are registrants from as far away as Chicago. Ms. Kane mentioned that the net profits generated from the race go back into the community through a grant program to benefit recreation services and programs for the community, last year there was $27,000 donated back, also noted that the committee has expanded pre-registration to Friday evening at the Marina Community Center. Ms. Jane Telcamp, Chair of the Kids Fun Run, mentioned that this year there was a program added, a tee shirt design contest at McGaugh School, won by McGaugh student Nicole Evans, the race will be led by the McGaugh principal, explained that there is a Kids Zone where children can be cared for while their parents run the race, the Zone manned by the Los Alamitos High School track team and dance group. Dr. David Rosenman, Seal Beach, asked that discussion from the community be allowed when considering Item "M". The speaker was advised that there are no public hearing matters on this agenda therefore comments should be made under Oral Communications. Dr. Rosenman reminded that the Council appointed a tree committee, Item "M", which involves the I 3-22-04 selection and planting of trees, has not come before the tree committee, and suggested that the item be removed and referred back to the tree committee for recommendations, then reagendized. Mr. Bill Thomas, Rossmoor, said he represents the Seal Beach Posts of the American Legion and the VFW, noted that a few years ago the organizations decided to develop a bronze plaque in honor of military veterans of all time, and read the proposed inscription. Mr. Thomas noted that there will be no cost to the City, the two Posts and the Lions Club have already commenced a fund raising effort, the only thing necessary is Council acceptance of the proposed placement site on the pier, and extended appreciation to City staff for their assistance. Mr. Ed McLaughliri, one of the owners of the referenced Seal Beach Boulevard property, said his parents will move into one of the homes on the site when completed, it has been six months at the Coastal Commission and of all of the things that the Commission required he felt that the least important would have been removal of the green curb. Mr. MCLaughlin mentioned that he did a drive of Seal Beach this date and could find no residence, even if adjacent to a business, that had a green, twenty-four minute curb, expressed his confusion as to why this is such an issue with Mr. Miller, and asked if a Council action would be taken on the item at this meeting. Councilman Yost responded that after presentation of the staff report an action may be taken either one way or another or it could be continued. Ms. Jan Stillwell said she was a member of the tree committee, and that she too would like to have the proposed standardization of planting trees referred back to the committee. Ms. Stillwell expressed her opposition to parking meters, they would do nothing good for the merchants, there is concern by those who live on the adjacent streets where it is felt people will park who will not pay to park on Main, that creates more congestion on the side streets, meters also create an unfriendly feeling, it is hoped that a better way to increase revenue can be found. Mr. Mario Voce, Catalina Avenue, said he had a question regarding the tree species selections proposed in Item "M", his belief is that it is outdated. Mr. Jay Vanderveld, Crestview Avenue, noted that he had addressed the Council some months ago with regard to the Native American Interpretative Center that the Coastal Commission required to be built prior to the development by John Laing Homes, an access road also required from Seal Beach Boulevard behind the Crestview homes to Gum Grove and the Cultural Center. Mr. Vanderveld said the roadway is currently under construction, the roadbed has been excavated, they are in the process of installing a fabric weed barrier with decomposed granite on top, reported that he has measured the distances of this road from the existing homes, the nearest from Seal Beach Boulevard range from one hundred forty-eight feet to sixty-eight feet, then ten feet six inches, and then curves out again from twenty-two feet to sixty-eight feet, then one hundred two feet to the Cultural Center, directly behind his home the roadway comes from sixty-eight feet to ten feet six inches, behind every home except his and Mr. Kreiger's home the roadway is at least sixty-eight feet away, the available, flat graded area is one hundred eight feet wide, and a survey stake was placed underneath a mature tree. He said his understanding is that the road will be used by police and maintenance utility vehicles, if that is the case they will not be able to pass unless the tree is removed, the area is part of Gum Grove Park and will be deeded to the City, to him it would seem that it is not a very good idea to start a Park by cutting down trees, he would be interested to know why John Laing I I I 3-22-04 I Homes determined to locate this road just ten feet six inches behind his backyard where it is between sixty-eight to one hundred forty-eight feet away from the other homes, the road behind his home has not been completed, just graded and survey stakes placed, his request is that this road be located as far away from his home as it is from the other homes. Councilman Yost asked if an action could be taken on this or placed on a Council agenda. The City Manager responded that an e-mail was received from Councilman Yost relating to this matter, it has been forwarded to John Laing Homes who are to provide some information that can be distributed to the Council and the two homeowners, if there. is further need it could be placed on a future agenda. Councilman Yost again suggested that this be placed on an agenda with an accompanying resolution as an assurance that it is resolved. The Manager said it will be placed on the second meeting in April, the first having been canceled, and something will be provided to the homeowners prior to that. Councilman Larson asked if. the roadway could be adjusted without having to go back to the Coastal Commission. Mr. Terry Kreiger, Crestview Avenue, noted that the reason they came before the Council in the past was that the Interpretative Center was to have been on the knoll that was separating the existing houses from the new development, and now they are constructing a road in that location. Mr. Kreiger stated that there is no communication between John Laing Homes and the local residents, and by way of other issues with the development there are severe rodent problems that have been created, a rat and mouse infestation for which he had to pay to have someone take care of at his home, also, if one drives down Crestview past nine o'clock in the evening one will see hundreds of rabbits milling about in the yards, rabbit urine is poison to plants and lawns, his backyard is destroyed. Mr. Kreiger again complained about the lack of communication, noted too that John Laing Homes have made application to the Coastal Commission for another year extension, he would like the Council to send something to the Planning Commission to take hold of this project so that Laing Homes will get a grasp of what is going on and interact with the community around them so that the residents do not have to feel they are fighting this up-hill battle, also, the residents have still not heard about the security fence and gate that goes on Seal Beach Boulevard, he does not want John Laing Homes to install a fence and gate until it is properly considered. Councilman Yost asked that the fence/gate issue be added to the agenda as well. Councilman Larson reminded that the Coastal Commission changes its mind from time to time, and if there is ever a petition to eliminate the Commission suggested that it be signed. Mr. Jim Caviola, Seal Beach, noted that there will be a new member of the Council in a couple of months, the issue of parking meters is divisive, they were initially a good idea for raising revenue, however, they hurt the activities of humans, it is the tickets that make the money, not the quarters required to park, it affects the quality of life, a big issue to many, the newsracks have yet to be removed, that has been ongoing since 1999, he asked that the Council hold off on parking meters until things are resolved one at a time. Mr. Caviola made reference to the report relating to Public Works Standard Plans for Streets which also included standards as to how to plant a tree, to that he claimed that there will be no trees planted in the City under that standard as it is over-kill. He mentioned that he and other citizens have been attending meetings for a number of years as a tree advisory board, that body created standards for planting trees in Seal I I 3-22-04 Beach, they have attended many seminars, he has personally spent over $40,000 trying to assist in making his neighborhood better, therefore when he is not told that this Plan is being presented for consideration it is irritating to him, he would like to have this Plan held off and submitted to the tree committee. He has perso~ally studied everything he could to meet the standards of the City Engineer, in fact it is most likely inconsistent to have a City Engineer overseeing tree planting, the tree list is at least six years old, and asked that the tree portion of the Plan not be approved, possibly an amendment to the tree standards that the committee passed initially could be looked into. Mr. Caviola thanked Mayor Campbell for her years of public service. Ms. Carla Watson, Seal Beach, asked that the Council take another look at putting parking meters on Main Street, they are not needed in Seal Beach, they set an unfriendly tone. Ms. Watson thanked Mr. Caviola and the members of the tree committee for their efforts to green the City, the committee should be consulted with regard to the proposed tree planting Plan. Ms. Watson said she does not like the negative comments relating to the Coastal Commission to which she worked so hard to get the Coastal Act passed, she would hate to see California without the Coastal Act and the California Coastal Commission, they may not do everything perfectly but without them people would likely have no view of the coast by now. Mr. Mario Voce was advised that he had already used his speaking time, however continued, chastising members of the Council who have spoken against the Coastal Commission. I Mayor Campbell called for a brief recess at 8:00 p.m. The Council reconvened at 8:06 p.m. with the Mayor calling the meeting to order. I Ms. Jane McCloud, Balboa Drive, said at one time she was a member of the tree committee as it related to the Gum Grove area and where about ninety-eight trees needed to be removed, and added her support for the work of the tree committee and she would hope that the Council would consider including their ideas relating to tree planting as they are the experts. Ms. McCloud voiced her opposition to putting parking meters on Main Street, said she recently went on a Seal Beach shopping spree, moving her car from place to place, it was nice to be able to do that without having to pay money each time, meters are not very welcoming, Seal Beach being one of the few communities left that does not have parking meters, she has a fear that if they are installed they will be another turnoff for those who come to spend money in this community, there are so many mom and pop businesses and there is a continuing village atmosphere, her feeling is that it is important to try to maintain that. Ms. Alberta McLaughlin stated that it was her husband and son that bought the property on Seal Beach Boulevard, they have done everything that the City and the Coastal Commission have asked them to do, when the property was bought there was no disclosure that the green curb would not be removed, they will be living on the property, they do not want the green curb, and in fact the curb cut will be removed and curb reconstructed which will create an additional parking space, there is nothing on the easterly side of the street, therefore, there is more than enough parking on Seal Beach Boulevard. Ms. McLaughlin said they are anxious to remove the old building and build their new home, it had been rezoned for residential, that is why they bought the property. Mr. Fred Dellisanti, Main Street merchant and I 3-22-04 I resident, said the City has been through meters, they were taken out, his feeling is that meters would not be good for the community, Seal Beach is one of two beach towns that do not have meters, it is a shame because the small beach communities are losing their charm and the mom and pop stores, he would like to 'see Seal Beach preserved, he is certain that there is another way to come up with more revenue, there are $1 million homes throughout Old Town and if it is an economic issue he felt certain that people could afford more money to support City needs. with regard to the tree issue, Mr. Dellisanti said there are a number of people who have put their time, effort and money into making the community a better place by putting in trees, he would like to see more, and that those people and the City work as a team. Ms. Mary Grace Word said she owns an art gallery on Main Street, is against parking meters on Main Street, her customers do not support them, again, it is the Old Town feeling, this is the only Old Town left, meters would change the town, it is like not having trees, unless one goes to a town where there are not a lot of trees you do not appreciate all the work that has been done. She said what has not been addressed is how the money that is needed is going to be raised, she would be willing to use her mailing list to hold parties and fund raisers, the Seal Beach merchants have many resources, another avenue could be looked at to raise money, and offered her assistance in any way. Mr. Greg Miller, Sandpiper Bike Shop, said he wished to explain a couple of things, first, he has never received a final draft of the rezoning of the Boulevard, the item needs to be postponed and the Council look at what it really is, the prior speaker referred to the property as being residential, it has not been disclosed that purchasers of properties on the Boulevard will need to sign an affidavit to the fact that it is in a commercial zone, will need to build a six foot wall between a business and residential, that was in the rezoning paperwork but no one has seen it, it is a commercial zone with residential added. Mr. Miller stated that he has been at his location for twenty-three years, he is going nowhere, he has however bought a hotel and restaurant in Costa Rica, that is just another business, he is ~ot moving. with regard to safety issues, Mr. Miller said if the green zone is taken away, he has one space, one space in front of the day care, some of that green extends into an adjacent lot that he just sold, that owner too may not want the green, this is reducing the twenty-four minute parking, therefore when a car pulls up to go to a business or drop children at the pre-school, etc., what then happens when trucks need to make deliveries or another child needs to be dropped off, the street is completely filled, the Council should observe the street about 4:00 in the afternoon to see the impact of how many cars are parked. Mr. Miller claimed that there have been four major traffic incidents in the past year, before that there may have been four in twenty-three years. He claimed that the signatures on a petition submitted to the City are basically employees in the area, not land owners, his feeling is that that is invalid, said he too drove around town, what about the areas that have a one hundred foot strip for an OCTA bus, maybe the adjacent residents do not want the bus stop either, these people bought residential in a commercial zone, it is believed that the residential is to conform to commercial, not the commercial having to conform to residential, and if that property were to have a green zone they would have a clear view every twenty-four minutes, if no green zone someone could park a motor home as an example and there is then no view. Mr. Miller asked that this item be I I 3-22-04 tabled and that the prior paperwork of the City be reviewed. Ms. Sue Corbin, Seal Beach, made reference to comments relating to the Coastal Commission, they came from the people, that is democracy, all institutions become corrupt because people are at times corrupt, they think they have an entitlement, what belongs to the institution belongs to them. If running for office they think that the City letterhead is available for them to use, business cards handed out, perhaps software or a phone, it is the duty of the Manager to make certain that City property is not misappropriated, not subverted by an official to run for office, the Attorney needs to inform officials that they may not use City property for purposes of election, it is. a violation of law, there are reports of this and the Manager should do a full investigation. Ms. Corbin spoke of the election for City Clerk, claiming that candidate Campbell felt she got a little over thirty percent of the vote because of an ad or certain people who spoke out against her qualifications, that is not so because one person does not sway an election, rather it is ones record over a long period of time, that is what people vote on, the members of the Council did not publicly endorse the candidacy, and made reference to the cost of a run-off election. Ms. Corbin commented on the trash contract, its extension, said there is no need for four or five engineers, mentioned that tax records were obtained for the Seal Beach Inn, then why not Boeing who sells to other corporations and in other countries, Seal Beach should be getting that sales tax, the tax records of Oakwood Apartments should also be looked into. Ms. Joyce parque, Seal Beach, asked that the City Manager delay ordering parking meters until the new member of the Council is seated, also postpone any contracts that involve large sums of money being paid by the taxpayers, said she mentioned at the last meeting some contracts that were said to be flawed, the Mayor claimed that she did not promise to lower the utility tax, and asked what good the Mayor has done for the residents of Old Town. Ms. Parque recalled that it was said that if the Manager was dismissed with cause he would get no severance, if without cause he would not receive a lump sum payment but a monthly paycheck until such time as he had new employment, that is not what the contract said, the Manager also gets an automatic pay increase each time the Police Chief and Captain does, and without need for action by the Council, also, the City must pay the Manager severance pay equal to eighteen months of the base salary to which the Manager is entitled less his payroll deduction, it does not say he is to get a monthly check, he does however get a monthly payment for medical and dental benefits until future employment. Ms. parque claimed that the Mayor dealt with the sewer contract, the cable contract, and now this contract, no more contracts are needed, nothing good has been done for the Old Town residents, the Council will also be voting on an item where a mistake was made as to medical and pension benefits that should have been accounted for, that equates to another $105,717 out of the General Fund, to that she asked why this did not come up so that it would be known exactly how much the medical benefits would cost, in December of 2002 it was said that there would be no pay increases because medical benefits were so high, now there was not enough money for the pension funds, where is this money going to come from, the highest revenue in the City is the utility tax, then property tax, and then sales tax, the taxpayers pay. Mr. Fred Shriner, Electric Avenue, added his personal objection to parking meters, and relayed a story of a friend visiting the area who expressed their view of Los Angeles as a concrete jungle, then commented about how I I I 3-22-04 I beautiful and different Seal Beach was, that the absence of parking meters made Seal Beach very special, and in his opinion it is the job of the Mayor and Council, to keep the City beautiful, different, and distinct, which is why people live here, meters do not make an economic sense, they are an eyesore, with the affluence of the community other sources of revenue can be found, the decision needs to be deferred and discussed with members of the community. Ms. virginia Dellisanti, Ocean Avenue and Main Street merchant, expressed her personal opinion that parking meters are a bad idea, what a combination newspaper racks and meters would be, what would that say about Seal Beach. Mr. Glen Clark, Trailer Park, said it is amazing to him how many negative comments that people elected to office have to take, how little they can respond, stated that Mayor Campbell has done the best job she could for Seal Beach, Councilman Doane should present her with one of his pins, there have been other negative comments, the Council does not deserve that, the Council endeavors to make the City the best they can, and the Trailer Park residents appreciate what has been done for them, their homes were about to be lost within a couple of weeks. Ms. patricia Clark, Trailer park, praised the Mayor as one of the best people she has ever met, the members of the Council and staff as well, they work hard, try to do what is best, and without Mayor Campbell and Councilman Yost the homes of the Park residents would have been lost,' and extended gratitude for herself and others in the Park. Ms. Rita Brenner, Trailer park, agreed with the speakers against parking meters, commended certain people for their efforts to beautify the community with trees. Ms. Brenner apologized for the comments of the last two speakers as that is not necessarily the opinions of all residents of the park, and charged that the Mayor placed the ad in the newspaper that was fraudulent. Mr. Robert Goldberg, Seal Beach, made reference to agenda item "J", mid-year budget adjustments, some of the numbers went up, some went down, one that went down was an expenditure under beach maintenance, it was explained that that was due to the retirement of a full time employee, that position is not proposed to be filled under the current budget however the City is planning to establish a part time equipment operating position within the beach maintenance department for cleaning purposes, his only comment would be that keeping the beaches clean should be an essential function of the City, they are the greatest resource, keeping the beaches clean is a twelve month operation, as it is known in the winter months the City is bombarded by trash flowing down the River and in the summer months by trash left by visitors. Mr. Goldberg said he does not know if shifting to a part time position will affect beach cleanliness, his feeling is that it is a critical function and he would hope that the beaches are not being shorted in the budget process. There being no further comments, Mayor Campbell declared Oral Communications closed. I I CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. COUNCIL COMMENTS Councilman Yost said he fully supports the urban forestry and the greening of cities, and he would support doing a better job of that. He noted too that a resident had called about the Spring cleanup and was told the City was no longer doing 3-22-04 that, a question raised was whether that is part of the refuse contract. The Director of Public Works responded that once a year the refuse contract will do a pickup of large items from a residence, the Spring cleanup can no longer be done as there are not facilities set up at the Yard to do that, and confirmed that this is the first year that it will not be done. Councilman Yost said he would like to find a way that that could be done again, it is a service to provide, or if it is to be provided through the refuse contract to make certain that the City is getting the maximum benefit from the rate payers and taxpayers. The Director said he believed the Special Cleanup is not part of the refuse contract, however confirmed that pickup of large or special items is part of the contract. The City Manager explained that the City is under new regulations, people dump things that they should not, there is no longer the large area behind the City Yard where things can be disposed of, that is why it is being recommended that people call the refuse collector during the year for a pickup, it is safer for all, and that way the City is not exposed to fines for not controlling waste products and runoff. Councilman Yost asked that the residents be so advised. The Manager suggested that a notice be placed in the Recreation brochure and possibly notices in the local paper. Mayor Campbell mentioned that there is a public dump facility in Huntington Beach, and when one calls they will advise as to. which gate to enter based upon what is being transported. Councilman Antos said he had been given a tape by a local resident called California Green that relates to recycling, use of rubber and other products, including rubberized sidewalks, his intent is to pass the tape on to the City Manager so the staff can view it, also circulate to the members of the Council, and after that place an item on the agenda for discussion as it addresses some of the problems encountered in Public Works, parks, etc. In response to inferences of a public speaker with regard to her election conduct, Mayor Campbell stated that her conduct has been open and above board, she has never handed out business cards in conjunction with the election, she has received no software from the City during her eight Council years, she has used nothing of the City, with regard to the negative ad she said they have the fingerprints of the speaker and two other persons, she in fact had a full page of endorsements in the newspaper and she has more. With regard to a holiday gift from the refuse collector, said they could likely feel sorry for what the Council goes through. Relating to severance pay for a City Manager, the previous City Manager was paid on a monthly basis until he accepted the position in Santee, with regard to the pension fund of three percent at fifty, that was voted upon before the stock market dropped, at the time all of the cities in the State voted on that, that was done during the time of the Interim City Manager, it is also a recruiting tool. Mayor Campbell stated that she and Councilman Yost worked very hard on the Trailer Park negotiation, at the time there was a small committee yet no one came forward, just a few brave people decided to take on Richard Hall to try to do the unforeseen task of attempting to buy the Park back from him, it was accomplished but there was a close possibility of losing it, if it had not closed escrow when it did Mr. Hall had a court date to challenge the Covenants, and according to the State representative that was working with the community on the MPROP the Covenant was full of holes because the laws had changed considerably since they were'written. With regard to her campaign ad, Mayor Campbell said she did meet all of the qualifications as stated in the Council Resolution I I I I I I 3-22-04 for the position of City Clerk. Mayor Campbell stated too that if someone makes misstatements about her she has the right to correct the record. REVIEW OF PARKING METERS - MAIN STREET The City Manager noted that the Council had been provided with a chronology of parking meters which started in year 2000, this is now 2004, the fiscal impact is basically where the issue is at present. He mentioned that staff did speak with the three vendors involved, it appears there will not be a cost for the installation, the City has not signed the agreement with AMPCO, and with regard to the meters there is a restocking fee of $22,000, in perspective that may be a loss however given the amount of staff time that has been invested over the four year period, an opportunity cost of not doing something other than parking meters, it is not a significant amount of money. He offered that the City Manager is in a quandary inasmuch as he must follow three votes of the City Council for whatever is done, when Council said they wanted to review the parking meters he then held off the installation, however this really necessitates some clear direction from the Council as to what is desired with regard to parking meters going forward and in all fairness to the contractors, the worst case scenario would be to not have clear direction now, the majority of a Council say go forward, then the course is reversed and a direction to remove them, his guess at this point would be that in addition to the meters that would be paid for and then lost there would be an additional cost of $75,000 to $100,000 for taking them out, trying to sell them, etc. Councilman Yost mentioned again that ,Seal Beach is a special place, many people moved here because of the special nature and small town feel that it has, also, meters are a tax, a tax to everything that is sold on Main Street, adding twenty-five to fifty cents to anything sold in a store, it will also decrease the sales in those businesses, meters will simply shunt the issue onto adjoining streets, it does not solve any major problem, this is a divisive issue, the two people who live and represent this area do not want. meters, this is their home, there is also another person who is coming on the Council in a short period of time who may have a different perspective. Councilman Yost asked that this matter be held over, if meters are a good' idea now they will still be a good idea in eight weeks. He noted that his entry into politics in Seal Beach was to take things out that were an eyesore to improve the quality of the town, one was taking the power lines down, and he pledged that if meters go in he will do his best to take them out, that will certainly be expensive, if anything is going to be done at least put the City's resources into something that has a Council majority, news racks are a good example, and asked that at least one of the majority on this issue support holding this issue over. Councilman Doane stated that he would be that person. He explained that he started working on parking meters in 1992 when it was not for revenue purposes, rather to solve parking problems, that because the business people were complaining, at that time there was a Business Association, a survey was taken which showed there were seventy percent in favor of parking meters, at that time the Council turned it down, that seems to have changed, a petition was submitted for this meeting, business people have addressed the Council, therefore he is not going to go against the businesses that he has been trying to help, but next summer when people will not pay $5 per day at Bolsa Chica and can not find a place to park elsewhere, the word will be out that beachgoers can go 3-22-04 to Seal Beach and park on Main Street for free, they have done it for the nearly thirteen years that he has been involved, they will continue to do so as they are not going to pay to park in the beach lots. Councilman Doane reminded that last year the Council was provided a long list of things that could be cut in order to balance the budget, parking meters was one of the things that was going to help the City, Councilman Yost personally turned down more of the items to cut than any other member of the Council. Councilman Doane said after the budget hearings, with the new member of the Council, he would predict that parking meters will come back as the best financial solution to the problems of the City, there are numerous financial worries, the Triple Flip just one, it is not known what the new Governor is going to do to the City, it could be disastrous. Councilman Doane stated he will no longer push for meters, he has tried for thirteen years to get them in, people now do not want them, and he does not want to be the bad guy, but in the future the Council will agree with him. Councilman Yost commended Councilman Doane, he understands how difficult that decision is, he appreciates the experience and wisdom that has been shown, yet if meters are shown to be needed it should be done by consensus, consensus of those who live here as well, if they are good now they will still be good after going through the budget, and that may be, to him if it means public safety, taking police officers off the street and not being able to provide essential services he will do whatever it takes to protect the community, however at present there is more in the reserves than there has been since he has been on Councilor in the last twelve years, to put in meters without a consensus is not felt to be a good idea. He thanked Councilman Doane again for his decision. Mayor Campbell read a statement that she said she had prepared at home, that the previous Interim City Manager, Mr. MacIntyre, stated that if the City did not find another revenue source, such as parking meters, the quality of life in the community would deteriorate, everyone knows that the City needs the revenues, everyone wants the City to find another source of revenue, buying lottery tickets or robbing banks is not an option, Council and staff have racked their brain to come up with another source of revenue, also, going into reserves is not an answer either, they are up to $7 million, they should be $8 or $10 million, and then there is need to start funding the unfunded Captial Improvement Plan by about $2.2 million per year, the problem is that no one wants parking meters, everyone wants the town to remain quaint. Mayor Campbell said she has heard from her College Park East residents also that they do not want parking meters, she is on Council to represent her residents, she is coming off Council on May 18th, it makes no sense to vote to put them in only to have them taken out by a new Council at a cost of about $100,000, she is a numbers person, abhors waste, she can not vote for this, it is no longer her issue, her successor will have to vote as to whether or not he wants them put in, therefore she will no longer support parking meters. I I Councilman Larson said he would go along with the motion to hold this over with a caveat, all are in agreement that parking meters are ugly, there was also agreement that the money is needed, in return for this he will make a motion to reduce the Utility Tax to six percent, and if that motion is not successful he will personally run an initiative to eliminate it completely, there have been promises by every Council to eliminate it, it has not been done, if the Council does not want the $600,000, he will vote to eliminate the I 3-22-04 I parking meters when it is considered, then eliminate the Utility Tax. Councilman Antos said he would support a motion to reduce the utility Tax. Councilman Larson asked if that could be taken to instruct the City Attorney to prepare an ordinance to be considered at budget time to reduce the Utility Tax to six percent. The City Attorney stated that that can be considered as a direction unless any member of the Council is opposed, then at budget sessions a draft ordinance will be brought forth. The City Manager asked for clarification if the meters are being deferred or are they being removed from consideration, from his perspective, so that the City is not holding up the contractors, make the motion to stop the parking meter process, pay the $22,000 restocking charge and be done with the consideration. Yost moved, second by Antos, to remove the parking meters from consideration as recommended by the City Manager. AYES: NOES: Antos, Campbell, Doane, Larson,. Yost None Motion carried It was clarified that as part of the motion staff was directed to prepare an ordinance for consideration during the budget sessions to lower the Utility Tax to six percent. I SENIOR CITIZEN BUSINESS LICENSES - TAX PROVISIONS/OPERATING PROCEDURES The City Manager presented the staff report, noted that the issue of cottage industry senior citizen business licenses was previously considered by Council on October 28, 2002 at which time the same issues were presented, however the problem still exists in that the Code is correct from a business license perspective yet there remains a problem relating to the Zoning Code which basically works against a business license, this may apply to an extreme number of fifty licenses, therefore the recommendation of staff is to make revisions to the business license application form, which is felt will resolve many of the problems, when people call the City they are not aware that they need a senior business license, an advertisement can also be placed in the Leisure World News for information of those residents. The Manager said at this time staff is recommending that the Zoning Code not be changed relative to home occupations as it is felt that the law of unintended consequences will be invoked and persons will abuse that situation, the recommendation is to receive and file, staff will make revisions to the form, do public notices, and leave the existing Zoning and business license provisions as they exist. I Councilman Antos said he would support the recommendation, however mentioned that inasmuch he is on the telephone a great deal each day he has found that if the staff is trained to ask the right questions, then the correct form and information can get to the licensees, if someone gives an address they can then be asked what the license is for, that could resolve some of the confusion. The Manager again said he felt that a revised form and newspaper notices would resolve most of the problems easily. Councilman Doane, after reading the staff report several times, said his concern is still with having people come to the door of the senior and with maintaining an inventory within their home, this is a necessity for people applying for a business license under the cottage industries, one person makes personalized pillows, has a sewing machine, materials, and an inventory, she does not do $5,000 worth of business within a year, does 3-22-04 not have people coming in and out of her house all of the time, yet the Zoning provisions restricts her, another person does sewing, people drop things off and pick them up, it is the verbiage that is of concern, a lady that has artwork and books brought this forth, they are in her home, people are not coming in and out daily, she needs to store them which she does in her home, he merely wants assurance that these three examples of people doing business are not going to be restricted. The City Manager said he did not believe they will be restricted, the City has looked at what the universal problems could be and have applied them to this minimum number of possibly fifty, he does not believe that changes are necessary, the concern is with making changes to the home occupations, some of which are noxious to people, concern is with changing something with the intent of doing something good for fifty people which in turn may impact a thousand, it is felt the situation can be taken care of through education, there needs to be good judgment. Councilman Doane asked if within the application form it could state what the exceptions are, such as sixty-five years of age, working from ones home, making less than $5,000 gross. The Manager agreed to prepare an education packet to be placed in front of the application form. Doane moved, second by Larson, to receive and file the report from staff. I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried CONSENT CALENDAR - ITEMS "E" thru "S" Doane moved, second by Larson, to approve the recommended action for items on the Consent Calendar as presented, except for Items "I, M, N, 0, and P", removed for separate consideration. I 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 regular meeting of March B, 2004. G. Approved regular demands numbered 45535 through 45714 in the amount of $907,773.05, ADP payroll demands numbered 8802845 through 8802917 in the amount of $168,029.53, and authorized warrants to be drawn on the Treasury for same. H. Received and filed the Monthly Investment Report for February, 2004. J. Adopted Resolution Number 5218 entitled 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 04-25, FOR NEGOTIATED MOU CHANGES, BENEFIT COST INCREASES AND WAGE INCREASES/DECREASES DUE TO RETIREMENTS AND TERMINATIONS." By unanimous consent, full reading of Resolution Number 5218 was waived. I 3-22-04 K. Received and filed the staff memorandum with regard to the removal of the winter sand dike. I L. Adopted Resolution Number 5219 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZNG A , BUDGET AMENDMENT, NO. 04-26, TO ACQUIRE A FORD PICK-UP TRUCK THROUGH A LEASE PURCHASE AGREEMENT" and Adopted Resolution Number 5220 entitled "AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE WITH OPTION TO PURCHASE, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH. " By unanimous consent, full reading of Resolution Number 5219 and Resolution Number 5220 was waived. Q. Awarded the Professional Services Agreement for on-call Building/Facility Condition Assessments to TEC Engineering, Inc. and authorized the City Manager to execute said Agreement on behalf of the City. R. Adopted Resolution Number 5222 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #49725, THE BOEING SEWAGE PUMP STATION ENTERED INTO BETWEEN CITY OF SEAL BEACH AND CLARK CONTRACTING CORPORATION." By unanimous consent, full reading of Resolution Number 5222 was waived. I S. Authorized adjournment of this meeting until Monday, March 29th, 2004 at 6:00 p.m. or another day thereafter to certify the results of the March 2nd, 2004 Primary Election and to call a General.Run-Off Election for May 11th, 2004. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I" - BRIDGEPORT DEVELOPMENT STANDARDS - REVIEW AND REVISION PROCESS Councilman Yost stated he would abstain from voting on this item as he lives in the Bridgeport area. Antos moved, second by Doane, to receive and file the staff memorandum relating to the Bridgeport development standards review and revision process. I AYES: NOES: ABSTAIN: Antos, None Yost Campbell, Doane, Larson Motion carried ITEM "M" - RESOLUTION NUMBER 5221 - STANDARD PLANS - STREET FACILITIES - 2004 EDITION The Director of Public Work expressed his belief that there has been a misunderstanding of intention, explained that this Standard Plan booklet came about because when contractors and 3-22-04 citizens come to the City it is necessary to refer them to other agencies for sources of information with regard to streets, pavement repair, striping, etc., the intent was to merely place all of the standards in one booklet, the tree planting standards were included which are the original standards from the 1997 booklet, they were then taken to the Tree Advisory Board in October, 2003, the planting standards originally came from the City of Palo Alto and had been provided by an Advisory Board member. The Director said staff would have no problem with pulling the tree standards, however again, the purpose was to have everything related in one booklet, staff would suggest that the Street Tree Policy Administrative Guidelines be bound with the Street Standard plan for the convenience of contractors and residents coming to the City with the intent of doing work, this would merely be a different format. Councilman Yost asked if there would be a problem with sending the tree planting standards to the Tree Committee for review. The Director offered his agreement, noting that these are the tree guidelines that the Committee has already adopted. In response to Council, the City Attorney suggested that Plan pages 160-1, -2, and -3 relating to the tree planting guidelines be held over and considered for incorporation at the next meeting. Yost moved, second by Antos, to approve the Standard plans for Streets as presented except the street tree sections, pages 160-1, -2, and -3, to be considered at a later meeting. I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried Councilman Larson expressed concern with driveway cuts in Seal Beach, they damage tires because the apron does not flare out enough. The Director offered to look at developing a standard plan for driveway approaches for Council consideration, the City currently uses County EMA standards because of the disability requirements that are presently with the Department of Justice. Mayor Campbell mentioned that there are a number of curb cuts in College Park East that do not line up with the driveways, they are off by about two feet, it is understood that the curb cuts were put in before the houses were built. I ITEM "N" - SEAL BEACH BOULEVARD - GREEN CURB REMOVAL The Deputy City Engineer presented the staff report, explained that the property owner of 233 Seal Beach Boulevard approached the Public Works Department requesting that the green curb in front of his property be removed, he was requested to get signatures from representatives of the properties on the Boulevard, and Staff reviewed the application package. He noted that this is a previously commercial property, the new owner is dividing it into residential, removing the driveway and requesting to remove the green curb, the condition of the Coastal Commission was to remove the driveway and the green curb thus creating a new parking space in order for the development to be approved, the existing green curb in front of the bike shop is being retained and there is access from the alley for deliveries to the bike shop property, also, it is within the authority of the office of the City Engineer to request changes to remove green curb which is time limited parking, the developer pays for the work to be done thus there is no cost to the City. Councilman Yost asked if the Police Department signed off on this request from a safety aspect. The Deputy stated that the Police Department was provided a copy of the report and there have been no comments received. Councilman Yost I 3-22-04 I mentioned that this is a mixed use street that has a residential overlay which allows residential in the area, there were some people, himself included, that were not necessarily pleased with the overlay inasmuch as when commercial is given up it is never reversed and residential does not pay for itself from the standpoint of the City in that it only gets about thirteen cents on the dollar of property tax, from commercial properties there is retail sales tax. He inquired if the development plans are consistent with the changed zoning on that street, the Associate Planner responded that the plans are consistent with the changed zoning to ,an RMD overlay zone, the issue now is the Coastal Commission condition of approval, if the green curb is not allowed to be removed the property owner would not be in compliance with the Coastal permit and not be allowed to build even though they are in compliance with all of the City standards. Councilman Yost asked why the Commission would want to do that, there is enough parking on the premises for a residential property. Councilman Antos said in his opinion no one should have a green curb in front of a residence, that would limit anyone who may be visiting the property, there are no green curbs in front of other residential properties in the City, and since the use of this property is being changed and the curb opening is being removed, his feeling is that it is appropriate to remove the green curb. Antos moved, second by Larson, to receive and file the staff memorandum. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I ITEM "0" - MARINA DRIVE REGIONAL TRAIL - PROJECT NO. 49991 - BID RESULTS / SCOPE CHANGE Councilman Yost said he wanted to bring to the attention of the public that this project is moving forward, this is one of the important things that the Council has done to protect home values in Seal Beach because it decreases Marina Drive to two lanes, taking it from a major four lane thoroughfare into a two lane collector street, Long Beach has major plans to develop the harbor and the desire is that Seal Beach not be the traffic in and out of that development, they can develop however will need to provide their own traffic in and out, this takes Marina Drive down to a collector street which it ought to be. Yost moved,. second by Antos, to direct staff to pursue approval from CalTrans/Federal Highway Administration to change the project description to delete the installation of a traffic circle (roundabout), then bring the project back to ,Council so that a contract ,may be awarded for the construction of a regional trail along Marina Drive from First Street to Electric Avenue, Project Number 49991. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I ITEM "P" - MILITARY VETERANS PLAOUE - PIER INSTALLATION - PUBLIC WORKS PERMIT Councilman Doane extended appreciation for the efforts of those persons who were present earlier in the meeting in support of this item. He noted that the area where this plaque will be placed is not known to many of the residents which is a panel of recognitions near the Seal on the pier in the vicinity of the Police Substation. Doane moved, second by Campbell, to receive and file the staff memorandum relating to the Public Works permit for installation of a military veterans plaque at the pier. 3-22-04 AYES: NOES: Antos, Campbell, Doane, Larson, Yost None' Motion carried MANSIONIZATION - RESIDENTIAL PROPERTY The Associate Planner presented the staff report, explained that at several recent meetings of the Planning Commission there have been members of the public that have expressed concerns relating to residential development in the City, basically very large houses on relatively small lots, and have questioned the City as to what can be done to alleviate some of that situation. The Planning Commission drafted a memorandum to Council essentially requesting the Council to authorize staff to begin researching potential changes within the zoning Ordinance to help address those situations, a suggestion of staff was to authorize staff to commence study sessions at the Planning Commission level to look at ways to change the Zoning Ordinance to reduce a number of development standards that might create a better streetscape and facade in some of the residential areas so that there are less large, boxy looking structures. This is a receive and file item along with direction to staff to start the research process. Mayor Campbell noted that homes in College Park East can not exceed a certain lot coverage, that is the result of two models having been built exceeding lot coverage, the lots were to have been sixty-five by one hundred feet rather than fifty-five by one hundred, and asked if there is lot coverage provisions for the Hill and downtown areas. The Planner responded that there is a lot coverage requirement depending on the area of the City, the percentage fluctuates, however it seems that presently people are building the lot coverage requirement based upon a footprint of the building, the maximum square footage.by building.a two story structure to cover the entire area, that is the issue that the Commission has asked that the staff study and bring back a report. Councilman Larson said if they are meeting the setback requirements, the ratio of building to open space requirements, and height requirements,' yet violates mans ionization provisions, will there be examples of what the Commission is concerned about. Councilman Yost offered that there is one such home on Crestview that brought forth considerable concern and caused the City to enact a grading ordinance, the dwelling appears to be out of character and neighbors feel it does not fit the neighborhood. Councilman Larson said philosophically his feeling is that when someone purchases a lot and it meets all requirements as to setbacks, height, ratio of building to land, parking, etc., it would seem difficult to say no, the request of the Commission is to look at the current Code provisions for future regulations, his hope would be that this does not result in an urgency ordinance to curtail what residents want to do. Councilman Yost noted that with regard to the Crestview matter, staff could not deny it because it met Code in all respects. Doane moved, second by Antos, to receive and file the staff report and direct staff to commence research as to a possible mansionization ordinance. I I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried 'I 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 Monday, March 29th at 6:00 p.m. ,) I I 1-22-04 / 3-29-04 / 3-3]-04 or a day thereafter to consider City election matters. By unanimous consent, the meeting was adjourned at 9:30 p.m. clerk c't Clerk and f the City of Approved: ~~r~ -~ / Attest: Seal-Beach, California March 29, 2004 The meeting adjourned to this date was not held, adjourned to Marc 31, 2004. clerk Seal Beach, California March 31, 2004 The City Council of the City of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Antos, Yost Absent: Councilmembers Doane, Larson Antos moved, second by Yost, to excuse the absence of Councilman Doane and Councilman Larson from this meeting. AYES: NOES: ABSENT: Antos, Campbell, Yost None Doane, Larson Motion carried APPROVAL OF AGENDA Antos moved, second by Yost, to approve the order of the agenda as presented.