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HomeMy WebLinkAboutCC Min 2004-04-26 I I I 3-31-04 I 4-12-04 I 4-26-04 AYES: NOES: ABSENT: Antos, Campbell, Yost None Doane, Larson Motion carried ADJOURNMENT Antos moved, second by Yost, to direct that the regular meeting of April 12th, 2004 be posted as having been canceled by action of the Council on January 12th, 2004, and further, that it be adjourned until Monday, April 26th at 6:30 p.m. to meet in Closed Session if deemed necessary. AYES: NOES: ABSENT: Antos, Campbell, Yost None Doane, Larson Motion carried By unanimous consent of those present, the meeting was adjourned at 6:04 p.m. clerk Approved, ~~; y~ Mayo Attest: /} l2J ~ ~A".f. /:; / City Clerk Seal Beach, California April 12, 2004 The regularly scheduled meeting for this date was canceled by as' of the City Council on January 12, 2004. Cit lerk and of the City of clerk Seal Beach, California April 26, 2004 The regular adjourned City Council meeting scheduled for 6:30 p.m. this date was canceled due to the lack of business items ne d of c nsideration. 't Clerk and the City of 4-26-04 Seal Beach, California April 26, 2004 The City Council of the City of Seal Beach met in regular session at 7:00 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 7:07 p.m. Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Boga, Assistant City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works/City Engineer Chief Sellers, Police Department Ms. Arends-King, Director of Administrative Services Mr. Vukojevic, Deputy City Engineer Mr. Cummins, Associate Planner Ms. Yeo, City Clerk Mayor Campbell requested that this meeting be adjourned in the memory of Mrs. Elouise Shanks. I APPROVAL OF AGENDA A member of the audience requested that Item "T" be removed from the Consent Calendar for separate consideration, Mayor Campbell requested Items "L, M and DD" removed, Councilman Doane also requested Item "T" removed, and Councilman Antos requested that Items "L, M, T, and AA" be removed. Antos moved, second by Doane, to approve the order of the agenda as revised. AYES: NOES: ABSENT: Antos, Campbell, Doane, Larson None. Yost Motion carried PROCLAMATIONS Mayor Campbell read in full the Proclamation for the 1st day of May, 2004 as "Children's Day." Antos moved, second by Doane, to so proclaim. AYES: NOES: ABSENT: Antos, Campbell, Doane, Larson None Yost Motion carried I The Mayor read in full the Proclamation declaring the month of April, 2004 as "National Fair Housing Month." Councilman Yost arrived at 7:07 p.m. Antos moved, second by Doane, to so proclaim. I I I 4-26-04 AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried Mayor Campbell read in full the Proclamation of May 9th through May 15th, 2004 as Blue Ribbon Week." Antos moved, second by Doane, to so proclaim. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried On behalf of ,the City, Mayor Campbell presented the Proclamation to the Police Officers present at this meeting. Chief Sellers expressed appreciation for the recognition on behalf of the Police Department, particula~ly with the corning of May 15th which several years ago the President designated as National police Memorial Day. He noted :that not many people are aware that more than fifteen thousand police officers have been killed in the line of duty, each year their families and members of their departments go to the National Memorial in washington, D. C. to pay honor and recognize those who have given their lives ~o protect their communities. The Chief mentioned that there are many heroes in the world, those in the military and those that serve to protect their communities, there are nearly nine hundred thousand police officers in the United States that give a lot of thought and effort to doing their job each day, one out of every nine officers is assaulted each year,' one out of , twenty-five is injured, and two of every four thousand are killed in the line of duty, staggering numbers, Seal Beach too lost an officer in August of 1988 whilei attempting to make a vehicle stop, California has lost the highest number of officers in the Nation, three officers just the past week. On behalf of the Seal Beach Police Department the Chief presented the Mayor and Council with a pin commemorating Blue Ribbon Week. The Mayor commended the Seal Beach Police Department for their service. PRESENTATION Mr. Pat Larkin, John Laing Homes, said he wished to update the Council on the status of their project, which has been a long road, the current status, the next steps, and timing for the project. Mr. Larkin noted that work was started on the project site in the summer of 2002, they carne upon a Native American burial, the project was then halted while a mitigation plan was prepared in conjunction with City departments, the Coastal Commission, Hellman Properties, and John Laing Homes, work then resumed this past November, at this point the archaeology phase is nearly ~omplete, about ten percent remaining, the underground utility work has begun as has the street improvements to Seal Beach Boulevard, anticipated to be completed by June with a new traffic signal, irrigation, grading, and landscaping, work has commenced on the Water Quality Basin which will be taking all of the urban runoff from the front of the project and the project itself, the runoff will basically b~ scrubbed making it the cleanest water that has gone into the channel in years , as well as provide a habitat for the flora and fauna in the area, they are also working on the Gum Grove Park trail and Interpretative Center. Mr. Larkin showed the lowest tier of lots that will be overlooking the wetlands, they are clean, graded, and certified, ready for building to start, however because of other later phases of the project they are not quite ready to start the housing, also showed a view looking south towards their Crestview neighbors. Mr. Larkin noted that the entrance to the project where it ties into Seal 4-26-04 Beach Boulevard has been paved, showed a view of the parking area for the Gum Grove Park extension, the trail to the Park as well, it is about seventy percent complete and will tie into the existing Gum Grove Park trail, the project ran into some architectural and engineering issues, they are working with their engineers to rectify those problems, showed a diagram of the rear property line of the Crestview residences and the approved alignment for the Gum Grove trail, and in the event that the archaeological and engineering issues can not be resolved rather quickly John Laing Homes may be corning back to the City to request a temporary, about ninety day, realignment of the trail, at this point resolution seems to be likely. Mr. Larkin mentioned that part of the mitigation plan with the Coastal Commission was that John Laing Homes would install an Interpretative Center as well as a spur trail that will tie the Center to the Gum Grove Park trail, also showed the retaining wall on the northerly portion of the site as well as the location of the spur trail, at this point the Interpretative Center is under construction, most of the masonry work has been completed, within a couple of weeks it is anticipated that irrigation and landscaping will begin as well as the decomposed granite pathways and Interpretative signs. He noted that the next step is to complete the remaining work that is presently in progress, then start installing the remaining walls, landscaping, entry features and gates, commence the construction of the homes, and pave all of the interior streets. With regard to timing, Mr. Larkin reminded that one of the conditions for them to begin construction of the model homes was to complete the trails, the Interpretative Center, and the water quality basin, based on that it is anticipated that the model homes should be completed by Mayor early June, the models open by mid to late June, if those dates hold there would then be a grand opening by the first quarter of 2005 and the first residents by summer, 2005. Mr. Larkin noted that the project is not moving as quickly as they would like yet as expeditiously as possible under the constraints of the project, moving forward yet honoring the process, he mentioned that the Coastal Commission is being cooperative, that this has been an opportunity for some unlikely people to work together, the Native Americans, the Hellman family, the Coastal Commission, the land developer, the Council and City staff, all of which put together a good mitigation plan as well as an outstanding community. He noted that the sidewalk along Seal Beach Boulevard has already been completed which connects Heron pointe with the City, also directed interested persons to the Herron pointe website, and noted that the last he heard there had been four to five hundred inquiries of interest in these homes. I I Councilman Yost noted that one reason for requesting this update was the concern of some Crestview residents with regard to the temporary access road corning within about ten feet of their rear yards, and inquired as to the status of that road and the distance from the homes. Mr. Larkin responded that as approved the trail is about fifty-five feet from the back property line of the Crestview homes, if it were necessary to relocate the trail temporarily, that would require City approval, it would be proposed at about twenty- six feet, not ten feet, from the back property line and for about ninety days, and clarified that this is a trail, not a road, it is only for pedestrian traffic and any City vehicles that would be necessary for maintenance or emergency purposes, it will not be used by Hellman Ranch for their oil operations, etc. Councilman Yost offered that one of the I I I I .'~ ~... 4-26-04 greatest concerns throughout the approval process was security of the homes along Crestview ~rld the gate that would be installed across the trail, and asked the status of the gate. Mr. Larkin recalled that at last discussion there was talk that the gate would be installed if the Interpretative Center were to be located in Gum Grove Park, since it is not his understanding is that there would be no need for having the gate/fence, if it was something different then there needs to be further discussion. Councilman Yost said that was not his understanding in that there is an open trail from the parking lot to the homes along Crestview, a serious security concern for those residents. The City Manager responded that he believed that the issue began with a split rail fence, some residents wanted more than that, it was the intent of staff to submit that issue to the Gum Grove Park Group as they will be instrumental in doing other things within the Park, that would be the forum under which to express views as to the aesthetics of the fence. Councilman Yost mentioned that the Chief of POlice, Mayor, and Councilpersons had spoken before the Coastal Commission with regard to the safety of residents along Crestview, the access is a major concern, he would like this looked at. Councilman Larson reminded that the Commission ignored the Police Chief and said there could not be a fence and gate, they only acquiesced because the Native Americans wanted it. Mayor Campbell pointed out that at present Gum Grove is accessed from within the Hill area, therefore if people are in the Park at night it is not an accident, they have to know the area, yet the access from Seal Beach Boulevard as proposed opens the area up to all kinds of conceivable problems which leads to a justifiable concern. Councilman Yost invited a representative of the Hellman family to provide an update on the acquisition of the lowlands that was part of the approval process with a twenty-five year deed restriction. Mr. Dave Bartlett mentioned that he had spoken with Mr. Tone this date, they have been working with the Wildlife Conservation Board for the past year characterizing the soil contamination that is on the property as a result of many years of oil production, there is contamination however it appears to be all hydrocarbon contamination which is merely a naturally occurring oil which is believed can be mitigated and worked into an open space plan and is thought will not require major amounts of remediation, offsite hauling, etc. Mr. Bartlett stated there are no plans to do anything on the property at present, allowing'the interested 'parties to become comfortable with what currently exists, the next step would be to find an entity that would be interested in owning the property, the wildlife Conservation Board is not interested in holding fee title, it would need to be another entity, possibly the San Gabriel Rivers and Mountains Conservancy would be able to assist in that regard. Mr. Bartlett concluded that the funds for acquisition have been set aside, they are designated for Hellman Ranch. ORAL COMMUNICATIONS Mayor Campbell declared Oral Communications to be open. Mr. Bill Ayres, Seal Beach, 10K Race Committee, reported that the 2004 Race was successful, thanked the public, community, and the volunteers for their support, noted that the participants increased to over two thousand five hundred fifty paid runners, a record and twenty-five percent increase from last year. Mr. Ayres mentioned that to put on such an event the Committee works nearly twelve months, there are many facets such as water, food, blocking of streets, he had concern with the new bridge construction however the contractor, Griffith 4-26-04 Company, helped tremendously. He noted that Ms. Elizabeth Kane is the Committee promotional person, has a Race website, this year there were eight hundred fifty people from Seal Beach, Rossmoor, and Los Alamitos, over two hundred twenty children in the Kids Race, there was a costume of Sammy Seal, participants from fourteen states, there have been letters and e-mails from participants that have said they will be back, the day following the Race there were three hundred people checking the website for times. Mr. Ayres mentioned that this year the walkers were timed, their times can be found on the website, next year there will an award of medals, there was also a wheelchair division this year, there were eight registrants but only two participants, the Committee will try to build on that for next year, there was a full vendor line, and the Main Street restaurants indicated they were pleased as they had record patrons, it is important to have the participants and observers remain in the community for a period of time after the Race, also, the Race course was cleaned and streets reopened by 9:30 a.m. Mr. Ayres reported that the Race Committee is taking grant requests until May 30th, proceeds from the Race are given back to the community for recreation facilities and services. He again thanked the community, the volunteers and sponsors for a great Race. Mr. Jerry Dominguez, Southern California Edison, expressed appreciation for the National Fair Housing Month Proclamation, noted that he is the two year Chair of the Fair Housing Council for Orange County, the Council has an approximate $1 million budget to serve the County and fourteen cities to enforce HUD regulations and training. Mr. Dominguez mentioned to the Council that the service planner for Seal Beach and Los Alamitos is a person with whom he has worked for approximately three years, and the Highway Patrol Officer whose life was taken in front of the Pomona Courthouse was her husband, this was a shocking incident. Mr. Dominguez noted that this past week he had submitted a letter to the Council with regard to Ordinance 1515, Titles 6 and 9, he has also spoken with staff, and while the City has offered to meet after approval of the Ordinance, he would still request that Titles 6 and Nine be removed from adoption of the document, inasmuch as after having reviewed those Titles there is a concern that there could be some issues that could corne into conflict with the existing franchise with the City, it is understood that the same could also be the case with the Gas Company. He mentioned that Edison pays a substantial annual fee for the franchise contract to provide services, it covers issues of defective facilities, street repairs, franchise payments, etc., therefore he would again ask that those Titles be removed until such time as Edison can meet with staff to work out details, confirmed that he could be available the following day, his understanding is that there were workshops held however neither the Edison Company, Gas Company, or Verizon were aware. Mr. Mike Murray, verizon, said he too wished to request a continuance of the adoption of Ordinance 1515, particularly Titles 6 and 9, until workshops can be held with the affected utilities, he understands the need to continuously update the Municipal Code document in this day of rapid change, especially in the area of telecommunications, that is why the request for a workshop to discuss the current proposed changes, the letter submitted to the City outlines in detail articles that will mutually benefit from discussion, and eliminate future complications and costs. He said the authority of the City to manage the right-of-way is recognized yet right-of-way rules need to comply with the California Public utilities Commission Code I I I ........".""-. ~~,..,v-.,...' I I I ..i't '~"_~_;.._."_' 4-26-04 to assure that customers receive service in a timely and efficient manner, their correspondence sets forth articles that are felt will be restrictive in meeting provisional requirements for maintenance and services as well as inconsistent with the PUC Code, communications infrastructure is most important to cities and its maintenance is critical, just as important as it is for communication companies to upgrade to the next level of broadband services, the proposed Ordinance will inhibit those services and there are certain facility requirements that ignore manufacturer specifications and warranty requirements. Mr. Stan Anderson, Seal Beach, mentioned that approximately a year ago Councilman Larson appointed him to take charge of a Vietnam War Veterans Memorial at Eisenhower Park, the Memorial is now in place, honors all veterans of the Vietnam conflict as well as prior Seal Beach resident Paul Swigart, a Navy pilot whose life was lost in Vietnam. He mentioned, with appreciation, the names of the individuals from the veterans organizations, City staff, residents, and the Swigart family that assisted with this project. Mr. Anderson reminded that he was the Chair of the Parking Management Committee, expressed appreciation to those who served as members and tried to give input and guidance to the Parking Management Plan and the parking meter issue. He noted that the intent had been to free up parking for the Main Street merchants, however some of them as well as their employees continue to utilize Main Street parking which does not leave adequate spaces for business patrons, there were some merchants that felt business would be lost with the installation of meters, on the other hand there would have been a revenue source to the City which could have been used for infrastructure, the Committee was not trying to put in parking meters just for the sake of meters, in the opinion of the Committee it was felt to be the right thing to do, it is too bad that the Council changed its mind and reversed its action on meters, his hope is that the City will work with the merchants as there are some businesses that need that parking. Councilman Larson expressed appreciation for accomplishing the Veterans Memorial. Mr. Dennis Smith stated that he was present at the March 8th meeting, the owner of the two bedroom, one bath duplex condo on Ocean, his request is to add a ninety-two square foot bathroom which is"ln compliance with all City regulations with the exception of the recently adopted Ordinance Is19 relating to multi-family high density units. Mr. Smith noted that at the time of adoption of the Ordinance there was direction for the Planning Commission to revisit the issue of condominiums and additions to nonconforming units, at that point he was encouraged, he was informed that the Commission could recommend an amendment to 1519, however the Commission voted against any change to 1519, he had explained to them the situation, provided them photographs showing the twenty foot setback to the four car garage plus the two guest parking spaces, a member of the Commission did not feel that tandem parking was very useful, however his feeling is that during weekends and summer there are two less cars parked on the street, and pointed out that the neighbor to the east is only nine feet from the alley, has a two car garage, a larger dwelling, yet they can add space because they are single family. Mr. Smith noted that the appellant of the Electric Avenue property approval was present which resulted in Ordinance lsl9, and offered that he would not have spent money on plans and engineering had he known about 1519. Even 4-26-04 though the Commission opted to make no changes to the Ordinance, he said it has been suggested that the variance process would be appropriate in this case where there are special circumstances, on the other hand it has been said that a variance could not be obtained if the law is followed, also that it was not felt that the threshold for a variance could be reached, there lies the dilema, his desire is to not cause a conflict between the Council and Commission, nor more work for the staff, however he wishes that the City would allow additions to legal nonconforming multi-family properties by density only through the conditional use permit process as does many other cities. Ms. Margene Walz, Seal Beach, stated she wished to endorse City Clerk candidate Linda Devine, described the background and experience of Ms. Devine, urged a vote for her on May 11th, and extended congratulations to her on the birth of her grandson. Ms. Sandra Constable, College Park East, stated she and her husband have known Patty Campbell for a long time, commended her service as Mayor and Councilmember, described the background and experience of Mrs. Campbell, and urged a vote for Campbell for City Clerk on May lith, an important position. Ms. Enea Ostrich, College Park East, made reference to a Linda Devine campaign flier which stated that she will be giving up half of her salary as City Clerk, her question, what is the savings long term. Ms. Ostrich stated her support for Campbell for City Clerk on May 11th. Ms. Kathy Orr, Candleberry Avenue, voiced her endorsement of Patricia Campbell for City Clerk, a friend and neighbor for many years, dedicated to the City of Seal Beach, described her efforts on behalf of College Park East and the City over the years, and encouraged a vote for Campbell on May 11th. Ms. Joyce Parque, Seal Beach, said upon looking at the agenda she did not see a utility tax item that Councilman Larson had indicated he wanted to talk about, spoke in support of Linda Devine for City Clerk on May 11th, claimed that Mayor Campbell has taxed and spent for years, the money has not been spent in Old Town or College Park East, it has been on salaries and benefits, the Manager received a pay raise, the Police Department received raises, when the Police Chief gets a raise so does the Manager. She questioned how much has been spent on Public Works, the streets are sinking, have grass growing in them, the beach has not been deep cleaned in months, there is glass, rusty lids, styrofoam, why is Seal Beach not cleaning the beach, prohibiting smoking on the beach, now street cleaning is going to twice a month rather than once a week, the money has gone for raises, eighty cents of every tax dollar goes to ,employees, twenty cents comes back to take care of City needs, Seal Beach approved the three percent at fifty-five formula for the Police Department, other larger cities chose to not approve that formula, and next year of her tax dollar fifteen cents will corne to the City for maintenance and services. Ms. Reva Olson, Seal Beach, asked that the City be honest with the people who live here, there was an in-lieu parking program, the people were told it was approved by the planning Commission and Council unanimously, it was not, it has been said that Mayor Campbell sitting on the Linc Board was not a conflict of interest, what do the people think. Ms. Olson stated her intent to vote for Devine for City Clerk. Ms. Sue Corbin, Seal Beach, commended the police Department for having become a professional group, not perfect but much improved, she does not want to see the Sheriff's Department in Seal Beach. She described her interpretation as to how Mayor Campbell as City Clerk could work two years and then receive full retirement, having received about thirty-seven I I I ,,~ ~;. ;i<"0,.,....'~'~.,'~ ../~.<t'?-";~,;'"':' ,_:.,.._ 4-26-04 I percent of the March 2nd vote suggested that Mayor Campbell should not have been a Run-Off candidate, saving the cost of a second election, claimed that she had used City letterhead during the election process, had trouble separating her Council position from that of Clerk candidate, did distribute her Mayor business cards, inquired as to what happened to the FAX machine she received, claimed that the Trailer Park deal was terrible and then Mayor Campbell put herself on the Linc Board. Ms. Corbin said she would vote for Devine for City Clerk. Ms. Joan Ward, 8th Street, stated she generally does not follow politics, however will vote for Linda Devine for a new perspective in Old Town Seal Beach. Mr. Paul Jeffers, Cottonwood Lane, said there is nothing in writing that says the people will own the Trailer Park once the bonds are paid, there is a lawsuit ongoing, no communication with Linc Housing since then, the reason he was present was because Linc and Seal Beach Affordable Housing has not had a meeting since about last August, there are seven members, the Trailer Park needs representation. He said there is a double wide trailer moved into the Park but it does not fit in the space, the neighbor is upset, when the door is opened it goes into a tree, it is too close to the house, in the case of an emergency there is no way to exit either trailer safely without going through the utility stands, etc., his understanding is that there is an ordinance that requires six feet between trailers, it is understood that it is the Trailer Park that informs the Planning Department of approvals yet there continues to be these problems, property lines are another issue, the Park says they do not go by any survey, they use some other kind of map and have the attitude that they have the authority. Mr. Jeffers stated that the residents need Linc Housing to help them with some of the problems, in good faith the people carne around so that the MPROP money could be approved, the people still want some written assurance that they will own the Park in time, with two representatives from the City and two from the Park they should be able to get some cooperation from Linc. In response to the prior speaker, Mr. Frank Boychuck, Trailer Park, said if it had not been for the speaker and the group of residents that sued Linc Housing there would still be communication and regular meetings as there had been on a monthly basis for the past three years, noting that there have been so many misrepresentations, falsehoods and distortions it is unbelievable. Mr, Boychuck reported that by approximately March 1st more than the majority of signatures needed were obtained from the Park residents for the State to pay the $1 million bridge loan back to the City, to that he requested that the City Manager attempt to obtain a letter from Ms. Lorraine French at the State office as to their agreement to the extension, as had been agreed to by telephone conversation, and he would like to have someone working with Ms. French and Mr. Johnson of Linc Housing so that this matter is not delayed further. Noting that this is the last meeting of Mayor Campbell, Mr. Boychuck mentioned that as a twenty-five year resident of the Trailer Park he knows and has many historic facts as to what transpired there, Mr. Dawson was the sole owner and ran the Park, he passed away, his widow ran the Park for about a year and a half, in year 2000 she turned it over to Richard Hall, a multi-millionaire who owned thirty-three trailer parks across the State, had a bad reputation in Orange County and throughout the State for taking trailer parks, restructuring them, removing the older residents, and raising the rents to $1,200 or more, anyone wishing to substantiate those facts may go to the Orange County Register archives, enter the name I I 4-26-04 Richard Hall and view the three hundred fifty some articles. Mr. Boychuck then posed the question as to where the Park was at that point, in 2000 Hall had taken over the Park and his representatives told the residents that they were going to turn the Park into a hotel, going to take down all of the old trailers and insist that the residents move, at that point the Park was no where, he would maintain that the Park would have moved on by now and the one hundred twenty-six families that live there would have been out, including the enormous demographics of the park, the young, the old and everyone in between. He mentioned that Mayor Campbell, Councilman Yost, and City staff participated in helping to secure the Park and the homes which is much appreciated, otherwise the residents would not now be there, the people being heard from now are a minority of the appreciation expressed, appreciation expressed also by the more than eighty-five signatures of Park residents in support of the bridge loan. With regard to ownership, Mr. Boychuck mentioned there is a Board called Seal Beach Affordable Housing Group and the Internal Revenue Service has approved the title transfer from Linc Housing to the new non-profit organization, the makeup of the Board is now two Park representatives, possibly three, three people from Linc Housing, and two persons from the community, and advised that Mayor Campbell did not appoint herself to that Board rather she was elected to the Board by the remainder of the Board. Mr. Boychuck commended the public service of Mayor Campbell over the past eleven years, stated that her expertise, networking and people skills are needed for the professional position of City Clerk, someone who works for the people and is enthusiastic for the best City possible, and reminded that members of the City Council realize only a small stipend for their services as members of the Council and thanked them for their volunteer ism, if it were not for the Council this City would not be what it is. Mr. Boychuck urged the residents to vote on May lith, and voiced support for Campbell for City Clerk. I I Mr. Don Campbell, Jr. stated that the amount of time and sacrifice that his mother has given to this City and spending the time to see that things are done correctly is amazing, one does not see that in politicians these days, she has helped to keep people's homes, tried to oversee that development did not become exaggerated, and commended his mother, Mayor Campbell, for having done a great job. Mr. Nick Reenie, Seal Beach, said the City Clerk election brings forth an important issue inasmuch he foresees a problem in the future because of this election, an example would be that in the past when the City made the mistake of hiring the wrong City Manager it has cost the City more money and taxes, wrong lawyers have cost the City money when it paid for services the City did not want, someone complained about paying the Police Department too much yet it was just stated by the Chief that Seal Beach has one of the lowest crime rates, that is because there are qualified police officers that the City has put money forth to pay for, the Manager that Mayor Campbell helped to retain has saved the City millions of dollars, even if he were paid half of the money he saved the City would still be ahead with a fifty percent profit, the City gets what it pays for, when mistakes are made and people are hired that are not competent in the rolls that they are elected or hired to the City and the citizens' pay dearly for those mistakes. Mr. Reenie made a comparison of the qualifications of the City Clerk candidates, one has a Bachelor of Science degree in Business, Business Administration, and Accounting, a Masters in Business I ...,:r""~:: '''"r'~~;:!'.r'': t~ .....: ~. .,." , " 4-26-04 I Administration, and teaches business at the college level, the other candidate was a secretary some seven years ago, served on the a school board for one year, the City Clerk must implement the mandates and policies of the City Council, one who knows how to make policy and evaluate a City Clerk is in the best position to know what it takes to be a City Clerk, the Mayor has worked for the City in a volunteer position for more than eleven years and has communicated with outside agencies therefore knows what it takes to be a good Clerk, know the community, the citizens, and persons in key positions so that they can work with them. There being no further comments, Mayor campbell declared Oral Communications closed. CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. I COUNCIL COMMENTS Councilman Larson mentioned that this is the last meeting before the upcoming City election, and pointed out that meetings are for the purpose of carrying out City government business, should not be used for political candidacy, this meeting has gone for an hour and a half with no consideration of City business, that is now past, however between now and the next election in two years policies should be established that will allow the Mayor to control the meeting, not permit political speeches, allow the Council to do what they have been elected to do which is to carry out the business of the City, it is a difficult situation for the Mayor and the Council, the Council is not taking the side of candidates, it must work with whomever is elected. Councilman Yost offered that he too has traditionally stayed away from endorsements for the same reasons as he must work with whomever is elected, he has stayed out of this election, will continue to do so, his belief is that serves his constituency the best way possible. For information of the community, Councilman Yost mentioned some of the things that have been accomplished thus far relating to water quality, likely the most important on a long range basis was the Orange County Sanitation District waiver which allowed the discharge of raw sewage directly into the ocean, Seal Beach was the first city to take a formal position against that waiver, after taking that position other cities joined and the Sanitation District was forced into a long range position to do full treatment of the sewage, that was a big step towards water quality that was first supported by this City. Secondly, all of the storm drains in Seal Beach now have grates, there is now a plan to do a slow flow diversion at the West End Pump Station so that in dry times there is no direct pumping of runoff into the River, with regard to the Rivers and Mountains Conservancy, an agency developed to obtain public land within the San Gabriel and Lower Los Angeles River, it is responsible for most of the environmental legislation that was included in the Bill that created the Conservancy, also, the Chamber of Commerce of recent years sponsored water quality issues at every event that took place whether it be the Sand Castle Festival or whatever, there were monthly beach and Riverbed cleanups, it is hoped that the new leadership of the Chamber takes on these efforts as did the prior leadership as that has really made a difference in terms of how clean the beach is and the general feeling with regard to keeping the beach clean. These are just some of the things that have been done I 4-26-04 regarding water quality, a difference has been made and needs to be continuous, the beach is a most precious resource of the City. with regard to comments relating to salaries, Councilman Yost noted that the City employees are a most valued commodity, if they are not treated well the City would not be able to recruit other high quality employees, this is particularly important with the Police Department, the City has its own Police Department that provides excellent customer service for the City, to that he posed the question if the City could not have given them a raise, the answer was maybe, would that have been the right thing to do, in his opinion it would not have been, they need to be rewarded for their service, if that is not the case his belief is that it will not be a reasonable Police Department nor be able to recruit or maintain the employees. As to the mention of Seal Beach Boulevard, Councilman Yost stated that the City needs to augment the commercial areas any way possible, that is one way that revenue can be generated which is one percent of the retail sales tax, the Seal Beach Boulevard area is now mixed use, he is not certain that the existing commercial interests are being supported, and inquired of the Council how those commercial interests can best be supported, would it be possible to provide them with more temporary parking, when he travels the Boulevard there are a number of cars however it is uncertain if the parking spaces are being utilized by customers of the businesses or by residents of the immediately adjacent area. A question too is whether thirty- five miles an hour is an appropriate speed for that street, also when personnel leave the Naval Weapons Station they cross at the exit and inquired if a crosswalk at that location might be a rational addition. Councilman Antos mentioned that later in the meeting the Council would be dealing with amendments to the City's Municipal Code, however would request concurrence from the Council to request staff to research basing the minimum business license on gross receipts, an example is a business person who earns very little and it seems may be in an incorrect category for what his business is charged, at this point it appears that the City does not have a minimum business license based upon gross receipts. He mentioned also that there is a business license for persons owning commercial property, some of the store fronts on Main Street an example, and asked for Council concurrence to look into modifying that provision, there is an apartment business license whereby if there are so many units a license is required, less than those number of units does not, therefore would ask that staff look at developing a small business license for one or two, unit properties. Councilman Antos mentioned the parking regulations within the Main Street Specific Plan, nothing in the Plan deals with free standing or monument signs, some businesses are set back from the Main Street frontage and it is difficult to have visibility from the Street as opposed to the buildings with zero setbacks, there are two properties in the 300 block that do not have Main Street frontage as well as two malls, there is one building in the 200 block, one mall in each of the 200 and 100 blocks, and asked the concurrence of Council to refer this matter to the Planning Commission to review the Main Street Specific Plan regulations to determine if there should be any changes made to the Specific Plan sign regulations to allow another type of signage in addition to the allowable building mounted signs, and,since there was one recently put in without City approval he would ask that any Code enforcement be suspended until such time as the Planning Commission has an opportunity to review this matter and make a recommendation to the Council. With reference to the Car I I I .w,.~':~ '"f~,~~:., .,.,r, . ;...\,>'; "'-.,, 4-26-04 I Show, Councilman Antos noted that there are some handicapped spaces at Main and Electric that did not contain cars on display however there were handicapped persons who were informed that they could not use those spaces or drop off passengers therefore one wheelchair person was dropped off in the street, another elderly person had to park on 15th Street and nearly became ill, in his opinion if any handicapped spaces are available for any event they should not preclude people with handicapped stickers from using them. Mayor Campbell agreed that certain business licenses should be looked at, some people have been charged the annual $175 fee yet only earn about $600, there should be a threshold, it should not be based on age but the amount of money earned. Councilman Doane agreed, also noted that Councilmen Larson and Yost had addressed the issues he was going to comment on. In response to public comments, Mayor Campbell mentioned that street sweeping is currently twice monthly, a proposition was presented to the voters to again provide once a week sweeping however it failed. She said the vote was not specifically known by area because it was on a per parcel basis however her feedback from the residents would lead one to believe that it passed in College Park East, her feeling is that that was due to getting information to her residents, they understood it, the cost would have been $17.s0 per year, many voted against it in that they felt it was a tax increase. with reference to the Trailer Park, Mayor Campbell explained that the title is going to be transferred from Linc Housing to the Seal Beach Affordable Housing Corporation and when the bonds are paid the Park will have control, can the residents have individual deeds to the plot of land upon which their home sits, the answer is no in that the City Code does not provide for that, the lots are too small to subdivide. As to her retirement, Mayor Campbell said she could work for the City another four years and added to her already eleven years and still not be eligible for retirement, also, she never used City letterhead for any campaign purpose. She recalled that at a point in time someone asked what she had done for Old Town, to that she noted that the Council is elected by district, typically does not interfere with the district of another member of the Council, if a call is received the recommendation is to speak to the Councilmember of that district, yet you support other members of the Council when there is an issue in their district, an example would be that Councilman Yost is on the Rivers and Mountains Conservancy, that is a League of Cities appointment, he,was unable to attend their morning meetings therefore she attended for him to assure that the City had that Conservancy seat, it is important for this City to make certain that Seal Beach has representation on that Board, it is important that the City have a representative on the Sanitation District Board, it is important that the beach be kept clean and not polluted from what was being pumped into the ocean off of Huntington Beach, that waiver has not been renewed. .She stated that she has supported the whole of the City and outside the City and getting things for Seal Beach, conversely, what has Old Town done for College Park East, Leisure World or the Hill, the members of the Council work within their own district yet support other Councilmembers. Mayor Campbell pointed out that this is the last meeting prior to the election, the May 10th meeting will be canceled, there will be a meeting on May 18th to administer oaths of office, therefore this is the closing of an era for Joanne Yeo the Seal Beach City Clerk for twenty-four years, having worked for the City for more than thirty-four years, Ms. Yeo ran the office of the City Clerk with the highest standard of integrity, she will not be I I 4-26-04 leaving immediately as she will remain to transition the City Clerk, she is wished well, and there will be a retirement gathering in May. Mayor Campbell offered her appreciation to the residents of College Park East as this is her last regular Council meeting as well, a thank you for allowing her to represent them on the City Council and commissions on which she has served, a thank you to those who she had the opportunity to appoint to various City boards, appreciation to everyone at City Hall as she is aware of how hard those employees work, they are to be commended for their dedication, and last but not least appreciation to her family for their support and putting up with what it takes to be on Council. Mayor Campbell reminded of the .election on May lIth for City Clerk to succeed City Clerk Yeo, for which she is a candidate. I Councilman Yost requested the opportunity to remove Items "P" and "T" from the Consent Calendar for separate consideration. Doane moved, second by Antos, to reconsider the approval of the order of the agenda. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried Yost moved, second by Larson, to remove Items "P" and "T" from the Consent Calendar. AYES: NOES: Antos, Campbell, Doane, ,Larson, Yost None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:57 p.m. The Council reconvened at 9:l2 p.m. with Mayor Campbell calling the meeting to order. I Mayor Campbell requested that Item "FF", the canine use of Arbor Park, be moved forward for consideration at this time. Larson moved, second by Yost, to reconsider the order of the agenda. AYES: NOES: Antos, Campbell, Doane, Larson Yost None Motion carried Campbell moved, second by Larson, to consider Item "FF" at this time. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried RESOLUTION NUMBER 5232 / ORDINANCE NUMBER 1523 - CANINE USE AREA - ARBOR PARK The Director of Public Works presented the staff report, noted that this process started in March of 2003 at which time a group approached the City with regard to establishing a dog park in the vicinity of College Park East, that was followed by a community meeting held in October, the issue was then presented to the Council and a public hearing held in December at which time a temporary dog park facility was approved. The Director reported that this matter has been considered by the Recreation and Parks Commission, their recommendation has been forwarded to Council, the request of staff is for a budget amendment for the permanent installation of a fence, adoption of an Ordinance designating the area as a dog park, and adjustment of fees to cover dog park related costs. The Director mentioned that staff has I -t';:"~i"~: ,~<,..;,;tlP:<~' I I I 4-26-04 met with the dog park action group with regard to the Ordinance proposed and they have requested three changes relating to collars, digging of holes, and the definition of a chaperone. The City Attorney confirmed that staff met with the representative of the action group and is now prepared to recommend three changes to the draft Ordinance, to Section 1, Code Section 7.05.120 A, language added to read 'for purposes of this Section, to chaperone a dog means a responsible adult is inside the dog park and in control of the dog at all times', at the end of Section I where there are subsections "N, 0, and P", add a new subsection "P" and a "Q", the existing subsection "P" to then be relettered as "R", the new subsection "P" to read 'Hazardous Collars, for the safety of all dogs spike collars, pinch collars, and choke chains are not permitted', and subsection "Q" would read 'responsible adults must not allow their dogs to dig holes.' Mayor Campbell made reference to the definition of "responsible adult" which is generally implied, and set forth in the Ordinance, to be someone eighteen years of age or over, yet quite often she sees teens walking dogs, is the intent to not have someone sixteen or older at the park with their dog, and if so will that be posted. The City Manager explained it is believed that that was a request of the Dog Park Action Committee, and all rules will be posted. Mr. Glen Rabenn, Chair of the Arbor Dog Park Action Committee, recalled that he and many others addressed the Council in December with regard to a dog park at which time the Council approved the park on a provisional basis, people are now present to express appreciation for that action, the park is everything that it had been hoped it would be, it has become a special place where people from Seal Beach and surrounding areas can corne on a daily basis, a place where people are just happy to be, without the action of the Council that would not have been possible, and expressed specific thanks to Mr. Eagle, Mr. Danes, the City Manager, and Mayor Campbell, the audience then stood to show their appreciation. Mr. Rabenn noted that the rules drafted by the City are good, it is felt they will assure that this is a facility that the City can be proud of, a place where people, children, and dogs can be safe, they look forward to this being a permanent facility in the City and that every dog owner can corne an enjoy it. The Manager offered that one of the fund raising possibilities mentioned had been a soft drink vending machine in the park, and sought comments to that from the Council inasmuch as that has never been done before. Councilman Yost said his preference would be to forward that matter to the Recreation and Parks Commission for consideration as there are issues on both sides, and there was an indicated concurrence by the members of the Council. Councilman Yost asked if there have been any complaints relating to the dog park and if there have been any difficulties with interacting with the other uses of the park, to that the Public Works Director responded that most comments to date have been positive, there have been some suggestions from the Police Department and Animal Services, to his knowledge there have been no negative comments nor interaction difficulties. Councilman Doane noted he was somewhat surprised with the choke chain matter and having raised German Shepherd dogs for over twenty years, stated that they are not cruel, the chain hangs loosely on the dog until it misbehaves. The City Manager explained that while in the park dogs often play and wrestle where they could get tangled, wearing such devices outside the park is different, a suggestion was made to just take those types of collars off 4-26-04 when entering the dog park. with regard to enforcement of the rules, the Manager explained that it is hoped that a number of the rules will be self-policed, such as the pickup of waste, keeping the gate closed, he has talked to the dog park group about that, and Animal Control will do spot checks on the park, the intent is to make this a park where the users police themselves. Mayor Campbell introduced her dog Cocoa. Councilman Larson noted that based upon the staff' report it appears that Seal Beach is a good neighbor in that the majority of people using this park at present do not live in Seal Beach, evidently no other city in the area has such a facility. I Doane moved, second by Campbell, to adopt Resolution Number 5232 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFONRIA, AUTHORIZING A BUDGET AMENDMENT, NO. 04-27, TO CONSTRUCT A PERMANENT CANINE USE AREA AT ARBOR PARK." By unanimous consent, full reading of Resolution Number 5232 was waived. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried Mayor Campbell moved to direct the Director of Administrative Service to include in the upcoming comprehensive fee resolution an adjustment in the resident dog license fee and establish a non-resident yearly use permit fee to offset the costs of the improvements. Councilman Larson seconded the motion. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I Doane moved, second by Antos, to approve the introduction of Ordinance Number Is23, as amended, entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING SECTION 7.0s.120 TO THE SEAL BEACH MUNICIPAL CODE DESIGNATING CERTAIN PROPERTY AS A DOG PARK AND ESTABLISHING PERMISSIBLE USES OF THE DOG PARK." By unanimous consent, full reading of Ordinance Number 1523 was waived. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried The City Attorney advised that Ordinance Number 1523 as revised will become effective thirty days after the second reading. ORANGE COUNTY REGIONAL AIRPORT AUTHORITY - STATUS REPORT Mayor Campbell noted her interest in airport issues, she has served as the City's representative on the Orange County Regional Airport Authority, also elected to the Airport Land use Commission, her desire was to be in a place to protect the Armed Forces Joint Training Base and the Seal Beach Naval Weapons Station from any possible intrusion in that they need to be kept as military facilities, as a member of OCRAA the mission was to find an alternate location for John Wayne Airport. Her interest in using El Toro as an airport is so that there is no consideration of Los Alamitos or the weapons Station as an airport, it does not look good for getting EI Toro yet until the title transfers there is always a chance, however the City must remain vigilant because South County knows that they need an airport and will try to get one here. Mayor Campbell mentioned having spoken to Senator Boxer some weeks ago, informed her that there are those in and from I '."\C.,_" '.,,,,-.,..,,,,_" 4-26-04 I South County that are working towards getting the Los Alamitos and Naval Weapons Station on the BRAC list for 2005, if there was an airport use here that would ruin Seal Beach, the person in Washington, D. C. is Christopher Cox who has passed the word that any Republican that attempts to carry legislation to make El Toro an airport use will be stripped of their committee memberships. Mayor Campbell emphasized that being on OCRAA is critical to staying on top of what happens to the two local bases, she has been the only person on this Council who has had dedication to this issue, she would hope that when the Mayoral appointments are made that someone will accept that position, some cities appoint a citizen representative, and offered her services if that were the desire of Council. Mayor Campbell mentioned that a $500 per month fee has been requested by OCRAA which can be considered during the budget considerations, once the El Toro title is transferred then the usefulness of OCRAA may just fade away. CONSENT CALENDAR - ITEMS "F" thru "DD" Doane moved, second by Antos, to approve the recommended action for items on the Consent Calendar as presented, except for Items "L, M, P, T, AA, and DD" removed for separate consideration. F. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. I G. Approved the minutes of the March 22nd, 2004 regular meeting and March 31, 2004 regular adjourned meeting. H. Canceled the regular City Council meeting of May 10th, 2004. I. Approved regular demands numbered 4s7ls through 46110 in the amount of $2,613,SSO.02, ADP payroll checks numbered 9051311 through 9051376 in the amount of $166,312.27, checks numbered 9281365 through 9281435 in the amount of $164,332.98, and checks numbered 9550337 through 9550405 in the amount of $171,234.97, and authorized warrants to be drawn on the Treasury for same. J. Received and filed the Monthly Investment Report for March, 2004. K. Approved the sale of surplus property at auction, a 1973 Forklift and 1994 Dodge Dakota. I N. proposals were received until April 8th, 2004 at 3:00 p.m. for Janitorial Maintenance Services at which time they were publicly opened by the City Clerk as follows: Coastal Building Services, Inc. The Resource Collection S & S Building Maintenance, Inc. $ 84,512.00 $ 95,783.00 $102,012.00 4-26-04 Royal Crest Building Maintenance Star Building Maintenance $115,170.00 $130,006.20 Awarded the contract for Janitorial Maintenance Services to Coastal Building Services, Inc., the lowest responsible bidder, in the amount of $120,000, $84,512.00 base bid, $30,000 for estimated paper goods, and a five percent contingency for special/extra cleanings, and authorized the City Manager to execute the contract on behalf of the City. I O. Bids were received until April 19th, 2004 at 2:30 p.m. for Street Sweeping Services at which time they were publicly opened by the City Clerk as follows: R. F. Dickson Co., Inc. Clean Street Nationwide Environmental Service $54,517.02 $80,768.12 $99,535.68 Awarded the contract for Street Sweeping Services to R. B. Dickson Co., Inc., the lowest responsible bidder, in the amount of $s4,sI7.02 and authorized the City Manager to execute the contract on behalf of the City. Q. Adopted Resolution Number 5228 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING SALARY FOR THE POSITION OF PART-TIME EQUIPMENT OPERATOR." By unanimous consent, full reading of Resolution Number 5228 was waived. I R. Awarded a Professional Services Agreement for a Comprehensive Water System Vulnerability Assessment, as required by the Bioterrorism Act, to Risk Management Professionals in the amount of $15,000, and authorized the City Manager to execute said Agreement on behalf of the City. S. Bids were received until AprilS, 2004 at 11:00 a.m. for Annual Sewer line Cleaning at which time they were publicly opened by the City Clerk as follows: National Plant Services Empire Pipe Cleaning and Equipment United Storm Water, Inc. $ 84,940.00 $ 89,800.00 $ls6,186.00 Awarded the contract for the Annual Sewer line Cleaning to National Plant Services, the lowest responsible bidder, in the amount of $84,940.00, and authorized the City Manager to execute the contract on behalf of the City. I U. Authorized the continuance of the term of the current maintenance contract for City traffic signals with Signal Maintenance, Inc. for a term of three years, May 1, 2004 through June 30, 2007, and authorized the City Manager to execute the contract on behalf of the City. "".W,'.-", ~h~.""'l.r ,.,.,0;,',;' .,.~\'''hC' , ' 4-26-04 V. Bids were received until April lsth at 10:00 a.m. for the Annual Concrete Rehabilitation Project, Fiscal Year 2003/2004, project 50178, at which time bids were publicly opened by the City Clerk as follows: I Inspection Engineering Construction, Inc. FS Construction International Pavement Solutions West Coast Concrete Cutting Damon Construction CO. LH Engineering Co. EBS, Inc. NObest, Inc. $40,194.00 $49,700.00 $55,950.00 $59,550.00 $71,500.00 $77,660.00 $86,990.00 $88,000.00 Rejected the lowest bid on the grounds it was non-responsive, awarded the construction contract for the Annual Concrete Rehabilitation Project, FY 2003/2004, Project No. s0178, to the lowest responsible bidder, FS Construction, in the amount of $49,700.00, and authorized the City Manager to execute the agreement on behalf of the City. W. Adopted Resolution Number 5229 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING LOT LINE ADJUSTMENT NO. LL 04-01 FOR PARCEL 1 AND PARCEL 2, ALSO KNOWN AS 231 SEAL BEACH BOULEVARD." By unanimous consent, full reading of Resolution Number 5229 was waived. I X. Approved the proposal of MuniFinancial for Special District Administration of Surfside Colony Assessment District No. 2000-1 for fiscal years 2004/2005 and 2005/2006. Y. Approved the proposal of MuniFinancial for Special District Administration of the Street Lighting Maintenance District No. I for fiscal years 2004/2005 and 2005/2006. Z. Approved the proposal of MuniFinancial for Special District Administration of the Community Facilities District No. 2002-02, Seal Beach Boulevard/Lampson Avenue Landscape Maintenance, for fiscal years 2004/2005 and 2005/2006. I BB. Adopted Resolution Number 5231 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING SECTION 12(A) OF RESOLUTION NO. 4186, REGARDING THE REGULAR MEETING DAY FOR THE ARCHAEOLOGICAL ADVISORY COMMITTEE." By unanimous consent, full reading of Resolution Number 5231 was waived. CC. Received and filed the status report of AB 1970, a proposed exemption of Seal Beach from the obligation of meeting regional affordable housing needs, the Bill placed in suspension at this time. 4-26-04 AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "L" - RESOLUTION NUMBER 5226 - MEMORANDUM OF UNDERSTANDING - POLICE MANAGEMENT ASSOCIATION EMPLOYEES Councilman Antos stated that he removed Items "L" and "M" in that it is his belief that because none of the other employee groups were provided with a salary increase these should have been held over until the Police Study was completed and the budget brought forth for consideration, therefore he will vote against Items "L" and "M". Mayor Campbell inquired as to when the other employees will be considered, the response was possibly June with the Orange County Employees group. To the inquiry as to when the Police contract expired, the response was 2003. I Doane moved, second by Larson, to adopt Resolution Number 5226 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING REVISIONS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE POLICE MANAGEMENT ASSOCIATION AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 5226 was waived. Mayor Campbell stated that since she will no longer be on the City Council she would abstain from voting on this Item and Item "M". AYES: NOES: ABSTAIN: Doane, Larson, Yost Antos Campbell Motion carried I ITEM "M" - RESOLUTION NUMBER 5227 - MEMORANDUM OF UNDERSTANDING - POLICE OFFICERS ASSOCIATION EMPLOYEES Larson moved, second by Doane, to adopt Resolution Number 5227 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING REVISIONS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE POLICE OFFICER'S ASSOCIATION AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution,Number 5227 was waived. AYES: NOES: ABSTAIN: Doane, Larson, Yost Antos Campbell Motion carried ITEM "P" - MAIN STREET - STREET LIGHTS Councilman Yost stated that after speaking with the City Manager he would now move to receive and file the information memorandum relating to the replacement of ten existing steel light poles in the 200 block of Main Street with new concrete marbelite poles at no cost to the City. Councilman Larson seconded the motion. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I ITEM "P" - VEHICLE WASH RACK - PUBLIC WORKS YARD - PURCHASE ORDER Councilman Yost noted that this item is another water quality issue in addition to best management practices and measures, said he was alerted by the company name, Hotsy, and wanted assurance that they are a qualified bonded company. The Public Works Director assured that it is a qualified company, and noted that there are not many companies that provide this .,,.-\t,"".""",\ ~'"f~:"'.."""': I I I 4-26-04 type of unit. Councilman Doane mentioned that the reason he pulled this item was that members of the public have commented about the washing of Police cars, and inquired if this equipment would make it feasible for the Police vehicles to be washed at the Public Works Yard. The City Manager responded that this is a wash rack for heavy equipment such as backhoes, dump trucks, etc., this equipment is not for inside vehicle cleaning, Police vehicles must be cleaned outside and inside. Doane moved, second by Yost, to approved the award of the purchase order contract to Hotsy of Southern California for the purchase of a vehicle wash rack in the amount of $64,783.30, and authorized the City Manager to execute the contract on behalf of the City. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried ITEM "AA" - RESOLUTION NUMBER 5230 - POSITION CLASSIFICATION PLAN AMENDMENT/SALARY - SENIOR PLANNER POSITION Councilman Antos offered his opinion that this matter should be a consideration during the annual budget workshops and review, suggesting that it be held over. Councilman Yost said he was somewhat supportive of that if positions are going to be altered, however expre,ssed his appreciation for the work that comes forth from the employees of that Department. Mayor Campbell inquired if this adds a position or is a change of position. The City Manager explained that this merely creates a classification, it does not add a position, discussion of any financial impact would take place during budget considerations, this action only establishes the classification and a salary range. Doane moved, second by Larson, to adopt Resolution Number 5230 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE POSITION OF SENIOR PLANNER." By unanimous consent, full reading of Resolution Number 5230 was waived. The City Attorney recommended an amendment to the Resolution, the Resolved clause to read 'that the City Council of the City of Seal Beach hereby amends the position Classification Plan to include the position of Senior Planner, and sets wages and benefits as follows', the range recital set forth under the third Whereas paragraph should also be inCluded under the Resolve clause. In response to Councilman Yost as to the rationale for this proposal, the Manager responded that the City maintains employee classifications, many of which are not filled, there are various ranges of classifications in the departments, noted that there are only a few ways that employees can be rewarded for their work, one would be to move them up through the ranks, this gives an option with regard to retaining and recruiting, staff would recommend the Senior planner amendment, and should the need arise this would allow the option to retain a person at a more journeyman level from the standpoint of experience, a recruitment could not be done until such time as the position is in place, a decision to fill the position or establish a salary is a budgetary decision. AYES: NOES: ABSTAIN: Doane, Larson, Yost Antos Campbell Motion carried 4-26-04 ITEM "DD" - ENVIRONMENTAL OUALITY CONTROL BOARD COMMUNICATION - EIR NOTICE OF PREPARATION - LONG BEACH HOME DEPOT PROJECT Mayor Campbell mentioned that at times projects are proposed' to be built on land that is not realistic, in this case the project is proposed in the vicinity of Studebaker Road and Loynes Drive, the land is continuously subsiding, the road is constantly being repaired, to put a building there makes no sense. Councilman Doane said there is also a nature preserve similar to that on the Naval weapons Station. The Planning Director clarified that the actual location is on the east side of Studebaker Road between the two power plant discharge channels in an area that is now part of the tank farm, it is not proposed for the westerly side of Studebaker, the communication under consideration relates to a Notice of Preparation for an EIR, the letter sets forth issues that is felt that the City of Long Beach needs to evaluate in their Draft EIR, when that is issued it will be considered by the EQCB and City Council for a formal letter as to the impacts of the project. He explained that when an application is submitted to a city it must be processed pursuant to State law whether the proposal is liked or not. Question was asked if this is the 'same site that was being considered for the desalination facility, the response was that it is not, it is a separate location within the Haynes Power Plant area. Doane moved, second by Campbell, to receive and file the EQCB comment letter. I AYES: NOES: Antos, Campbell, Doane, Larson Yost None Motion carried It was noted on the agenda that the public hearing scheduled for this meeting relating to a Code amendment to reduce required side yard setbacks in residential housing zones that abut stub streets along the Gold Coast area of Ocean Avenue will be readvertised for the May 24th Council meeting. I ORDINANCE NUMBER ISIS - ADOPTING MUNICIPAL CODE TITLES 1 THROUGH 9 The Development Services Director mentioned that this matter has been under consideration since 2001, a number of study sessions were held, Titles I through 9 are basically an update of language and format without major changes to the Code however with some exceptions. The Director explained that Ordinance Number 1515 was introduced in January, 2004, it was posted on the website as a side by side comparison for public information since February lOth, the comment period closed on April 6th, the comments were reviewed, those of any consequence seem to be from Edison and Verizon with regard to franchise provisions and with Title 9 relating to public works excavations, right-of-ways, permit requirements, etc. In response to Mayor Campbell, the Director advised that the utilities were not specifically notified that the proposed Titles were available on the website, it becomes an issue as to who is and is not going to be notified, it was not seen as being an issue because there are very few changes to regulations, rather a change to a different numbering format and making the language more easily understandable, it seems that their concerns are more specific to existing language provisions that have been carried over, those standards and operating procedures have been in place for years. The Assistant City Attorney said he would only add that some of the concerns that Edison and Verizon, have raised with the Seal Beach Code update have also bee'n raised with ordinances of other cities and their firm has dealt with both on those I _-..,..,........,~ '^1!.~..n:;t,<"<,,,,_~ 4-26-04 I types of issues, therefore it is felt appropriate that the Council move forward with this ordinance and direct staff to continue to work with the utility companies, put their concerns in writing, a meeting can be held with them to resolve the issues, and if necessary a cleanup ordinance could be prepared for Council consideration. Councilman Larson requested clarification, his understanding is that this merely brings the existing ordinances into the reformatted, renumbered Municipal Code, and with regard to the pUblic utilities it is the same language as before. The Assistant Attorney responded that that is basically correct, the new Code however is not verbatim of the old Code because in a number of areas it was difficult to understand, the subjects are generally the same. Councilman Larson offered that if the City were to accept the request of the utility companies and not adopt the new Title as presented, then the old language would still be in effect, it would not be repealed it would simply be the same language, that would mean staff would still need to revise the language as the utilities do not like the existing language either. The Director said he was not certain that all of the concerns of the utilities could be characterized, however staff feels that the issues can be resolved with them in a manner that everyone will be satisfied. Councilman Larson questioned why the utility companies would not want to adopt the new substantially same language knowing that the old language needs to be revised now that it has corne to their attention. The Mayor offered that the City could approve the revised Titles 1 through 9 whereby it is then incumbent for the utilities to corne back to the City, or if not approved then it becomes necessary for the City to seek out meetings with the utilities as soon as possible. Councilman Doane mentioned that if the proposed Ordinance is adopted it can always be amended. The City Manager noted that this project has been ongoing for two years, a great deal of staff time, it is known that there will be cleanup language, if the City waits for the utilities it will hold up the entire Code, staff does not want to print, bind, and distribute a final version with sections missing, this way the incentive is on the utility companies to resolve outstanding issues. I I Doane moved, second by Yost, to approve Ordinance Number ISIS entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING BY REFERENCE TITLES 1 THROUGH 9 OF THE SEAL BEACH,MUNICIPAL CODE (2004 EDITION)." By unanimous consent, full reading of Ordinance Number 1515 was waived. Councilman Antos mentioned that the May 10th meeting will be canceled therefore the Ordinance will not have second reading for approximately a month, that would give the City and utility companies time to meet and resolve the issues of concern. The Development Services Director clarified that Ordinance Number 1515 is presented for second reading, introduction was in January, if adopted Titles I through 9 will be in effect in thirty days. It was noted that the following item is an Ordinance for introduction amending Titles 5 and 9, and if there is agreement reached between the City and the utility companies the resolution of those issues will be brought to Council through a separate ordinance. The City Attorney read the title of the Ordinance once again. AYES: NOES: ABSTAIN: Antos, Doane, Larson, Yost None Campbell Motion carried 4-26-04 At the request of staff, it was the consensus of the Council to direct staff to meet with the utility companies as expeditiously as possible. ORDINANCE NUMBER Is24 - SEAL BEACH MUNICIPAL CODE - AMENDING TITLES 5 AND 9 The Development Services Director noted that the staff report basically addresses the amendments to Titles 5 and 9 based upon comments received during the public review process, most directed to business license issues from the public and the Finance Department, the Ordinance now contains a numbering of what is presently Code Chapter 5 relating to Building Department regulations, there is no substantial changes to the language of Chapter 5, it had been thought that the Building regulations would need to be amended by State Code approval first however the State has fallen behind in that process, at such time as the State takes action then the Building provisions will corne before the Council, that is generally on a three year cycle. Ie The City Attorney read the title of Ordinance Number 1524, "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING TITLES 5 AND 9 OF THE SEAL BEACH MUNICIPAL CODE." Antos moved, second by Yost, to approve the introduction 'of Ordinance Number 1524 as presented. By unanimous consent, full reading of Ordinance Number 1524 was waived. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None ' Motion carried PLANNING COMMISSION REPORT - RECONSIDERATION - EXPANSION / ADDITIONS - NONCONFORMING RESIDENTIAL CONDOMINIUM PROPERTIES/ CONDOMINIUM CONVERSION REGULATIONS The Director of Development Services reported that the issue of expansion and additions to nonconforming residential condominium properties and condominium conversion regulations carne up at the time of the adoption of the now in effect ordinance regarding limiting the ability of persons who request expansion of nonconforming properties to just those properties that have a single residence on the lot, the Ordinance adopted March 8th and went into effect April 7th. The Director noted that after hearing public testimony at the March 8th meeting the Council referred the matter back to the Planning Commission to determine if there was any aspect of the matter that they wanted to look at once again, at the same time an issue was brought forth to them to consider changing the requirements on the conversion of existing apartments to condominiums that meet all City standards except for density, the Commission received the report, a copy of the Council minutes were included for their information, the Commission determination on both items was to make no changes to the Code at thts time, should the desire of the Council be to reconsider this issue or just condominium uses if they meet all standards except for density then it would be appropriate to forward them a formal letter of direction, no Council action would basically be a concurrence with the Commission decision. I I Councilman Doane moved to receive and file the report, making no recommendation for changes. Councilman Antos seconded the motion. Councilman Larson noted his intent to vote in favor of the motion, however stated that he has read the report and watched the Commission meeting at which it seemed as if some of the Commissioners feel that a variance may be granted at whim, yet there are very specific legal findings that have to ,..~.-v-.,.-",._ 1~""",,.4 I I I 4-26-04 be made before a variance can be granted and in most cases should not be granted, his desire would be that staff and the City Attorney become more strict when variance applications are made, the nonconforming ordinance adopted was strict, will be difficult to enforce, yet the City can not grant variances to evade it. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried BUDGET WORKSHOPS 2004/2005 and 2005/2006 The City Manager mentioned that the preference of staff is always to commence budget workshops at the earliest possible. Councilman Yost stated that he will have a conflict with the June 14 through 18 dates. Councilman Larson expressed his feeling that the Council did an excellent job two years ago, however the same comments were heard for three days, nothing new was corning forth, therefore the last workshop was canceled and he has heard about it ever since. There was an indicated consensus that the budget workshops will commence on June 7th at 6:00 p.m. Councilman Antos noted that there have been a couple of things for which staff has been requested for budget consideration, one is the implications of reduction of the utility users tax, and there is a public works modified road improvement or rehabilitation method that the Public Works Department is researching for the purpose of totally rebuilding streets, he would like those to be available for the budget workshops. The City Manager responded that along with the proposed budget document the intent is to provide council with a report showing the potential impacts of reducing the utility tax to six percent, that will be included in the budget message and the powerpoint presentation. Councilman Larson reminded that he had requested an equal division of improvements by Council district. Councilman Yost asked that the essential services of police, fire, and public safety, and the amounts of those resources be set forth by district as well. Councilman Doane said he would like to see the Transient occupancy Tax placed on the November ballot with a clearer explanation of the purpose of that tax. Councilman Larson suggested that the Parking Meter Committee now be abolished, place it on an upcoming agenda. ADJOURNMENT The public was reminded that the May 10th meeting has been canceled, will be adjourned until May 18th, that meeting in turn will be adjourned until May 24th at 6:30 p.m. By unanimous consent, the meeting was adjourned in memory of Mrs. Elouise Shanks at IO:15 p. . Approved: jJ~g~P Mayor Attest: