HomeMy WebLinkAboutCC Min 2002-08-12
7-22-02 / 8-12-02
Attest:
Seal Beach, California
August 12, 2002
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The City Council of the City of Seal Beach met in regular
adjourned session at 6:30 p.m. with Mayor Larson calling the
meeting to order with the Salute to the Flag.
ROLL CALL
Present:
Mayor Larson
Councilmembers Antos, Campbell, Doane, Yost
Absent:
None
Also present: Mr. Bahorski, City Manager
Mr. Barrow, City Attorney
Mr. Whittenberg, Director of Development
Services
Mr. Dancs, Director of Public Works/City
Engineer
Ms. Yeo, City Clerk
COUNCIL STUDY SESSION
The Director of Public Works explained that what is being
presented is a proposed policy for Main Street encroachments,
the Engineering Division is currently not issuing permits for
encroachments into the public right-of-way but there may have
been permits in past years on a non-regular basis, the intent
is to create an area where there can be encroachments yet
allow for safe access for pedestrians. He noted that staff
is looking at about eight different issues, such as, where
wil the encroachments be allowed, what type of encroachments
will be allowed, how much will be charged for the
application, will the City charge an appropriate rental fee
for use of the public right-of-way by the private business,
will temporary encroachments be allowed, will the City use
proactive Code enforcement on encroachments such as temporary
signs that are currently in the right-of-way under existing
City Code, outdoor dining, and catilever projections over the
public right-of-way. The Director mentioned that this
process started with creating a location standard as a result
of going through the ADA access guidelines, talking with the
building official as to ingress and egress to buildings,
staff looked at everything possible that could be a
liability, that in order to create a safe travel walkway for
pedestrians, an ADA walk zone is mentioned in the standard
which is about five feet wide, that is what ADA calls for in
order for two wheelchairs to pass each other, there is a
twelve foot wide sidewalk therefore that leaves approximately
seven feet for encroachments on either side, a three foot
area remains open around a light pole, fire hydrant, any type
of public works structure, that is for the purpose of
maintenance, etc., a one and a half foot area is proposed for
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the frontage of cars as there 'are no bumper stops and it is
important that the overhang of cars not encroach over the
curb area where it could possibly knock over a bench or other
structure, it is also desired that pedestrians have the
ability to exit their car in a two foot area where the
parking spaces intersect, this allows car passengers to leave
the vehicle without walking around the rear of the car. He
pointed out the ten foot zone on each side of a crosswalk,
the reason for that is that an 8.43 percent minimum slope is
needed and minimum 2 percent crossfall yet still maintain the
five foot pedestrian isleway and landing area, with that
information in mind, it is felt that most of the Main Street
encroachments could be accommodated yet they would be spread
out more. The Public Works Director mentioned that staff was
sent to Main Street to identify where the encroachments
exist, of which they took photographs, examples were a bench
not affixed to the public right-of-way and in an area where a
car could tip the bench over, benches need to be secured and
an inability for a car to tap any encroachment, there were
free-standing tables and signs, there are encroachments in
and out of the five foot walkway area, that is what needs to
be regulated, there are benches facing each other in the same
area, that could be resolved with some minimum relocation to
keep the walkway area open, this could accommodate the number
of benches yet comply with the encroachment standards, there
should be a three foot clear area around the trash
receptacles also for maintenance purposes. With regard to
temporary encroachments, this has drawn a great deal of
consideration as to how they could be allowed, especially
through the Public Works Department, these would be things
that would not normally be allowed unless it is through an
ordinance or special event permit, a sidewalk sale would be
an example, otherwise it is difficult to enforce what is and
is not in the travel iSleway, temporary chairs and tables
another example, another issue is use of the public right-of-
way for marketing purposes by the fronting business. A photo
was shown of a small fence with flowers on the street side
fronting a business, up to that point is public right-of-way,
again there is the issue of ingress and egress standards for
ADA purposes for getting in and out of a building, bike racks
could be relocated somewhat to center a parking space to
allow the travel walkway for pedestrians going in and out of
their car also the five foot walkway, bike racks chained to
trees or too close to trees are not wanted, they need to be
appropriately placed in the right-of-way. Another photo
depicted newsracks, sandwich board signs, a display of
products all in one area, under current Code sandwich board
signs are not allowed however are enforced on a reactive
basis, business products would not be allowed to be displayed
in the right-of-way without a special event or activity
permit, the newsracks will be addressed in a separate
ordinance, with'regard to signs in the right-of-way the
question is whether the Council wants staff to enforce the
Code proactively. Again with regard to crosswalks, benches
that crowd that passageway, a wheelchair pedestrian needs to
have a clear landing area, benches could be moved somewhat to
allow that, much of this could be accommodated if the
location standards are followed so that a safe travel walkway
can be provided yet still allow some of the streetscape
improvements to remain, in the instance of a bench being
chained to a light pole staff would suggest that the bench
merely be relocated somewhat and affixed to the sidewalk, in
some instances things can be resolved by merely informing the
property owner of the standards. with regard to outdoor
dining, a photo was shown of a small encroachment into the
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right-of-way, to this a direction from Council is sought if
they want to allow outdoor dining, if so staff would need to
investigate that further for a policy. with regard to the
types of encroachments, staff is asking Council, within the
pOlicy, for discretion to approve benches, bike racks,
kiosks, tables, cans, yet for anything else staff would want
to bring it back to Council for review prior to approval. As
to an application cost, that would cover application review
to make certain the request meets the standards, staff also
requests consideration of establishing a rental license for
use of the public right-of-way, the range of costs in other
cities have been found to be between $1 and $3 per square
foot for outdoor dining, public meetings could be held with
the business owners to seek their input. With regard to
temporary encroachments, staff is proposing to not allow
those unless allowed by a special sidewalk permit. Proactive
Code enforcement would include the existing sandwich board
signs, question is should a code enforcement officer be
directed to clear those signs from the public right-of-way.
With regard to outdoor dining, in the event a business were
to come to the City under the scenario that there is a twelve
foot sidewalk and they request to encroach by seven feet,
leaving a five foot area for pedestrian traffic, would that
use be allowed, as to cantilever projections and overhangs,
staff is recommending that anything that currently exists be
grandfathered and any new requests would only be required to
pay the application fee but not the rental charges associated
with the use of walkable pedestrian space. Staff has also
received requests to investigate permitting encroachments in
this area.
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Councilman Antos stated that the Main Street Specific plan
calls for standardization of street furniture, upon looking
at the photos shown one can see there is a variety of types
of bike racks, a variety of benches, including concrete ones,
it would seem that since the Main Street Specific Plan has
already been looked at in terms of newsracks, then there
should be an attempt to establish a standard for benches,
bicycle racks, etc. as well. In regards to news racks it has
already been pointed out that there are places where they can
and cannot be located, the City will likely be purchasing
them, that needs to be taken into consideration before an
application is made for a bench in a specific location that
may be in conflict. As to the temporary displays, tables,
chairs, signs, Councilman Antos stated he is not in favor of
them, it is known that there are periodic sidewalk sales
throughout the year and tied to other activities that the
City is involved in sponsoring, businesses do put out
displays in those instances for a day or two then removed, he
would not like to see temporary, permanent displays. A
suggestion was made to him also that in other cities that
have trees on a main street such as Seal Beach they have
installed semi-circular benches around the trees, that would
seem to be something that could preclude the need for benches
on either side of the sidewalk walkway area.
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Councilman Larson inquired as to direction, will the staff be
meeting with business people, will there be an ordinance
change or whatever. The Public Works Director stated staff
would like to do a public outreach with the businesses, meet
and discuss their concerns, bring back a policy with any
Council suggestions, then formally adopt a policy, it would
include where allowed, type allowed, charges, feeling on
outdoor dining, cantilever projections, also at this time
staff would request direction as to proactive Code
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enforcement of the sandwich board signs now rather than on a
reactive basis. To that there was an indicated preference
for proactive Code enforcement at this time by Concilmembers
Doane, Antos, and Yost. Councilman Yost offered that he has
received comments from residents who are not necessarily
pleased with the temporary permanent displays taking place on
the sidewalks, that involves the usage of the public right-
of-way to expand the square footage of a business, there is
also the permanent occupancy of the public space issue, an
example are the eves on the Watson building that extend into
the public right-of-way, using public real estate
permanently, or the case of the railing that is on public
property as well, a use of taxpayers space for which they
should be reimbursed permanently, they are two different
issues, he would not want to do damage to any business yet
there should be a uniform environment with the same rules for
everyone. Councilman Doane spoke in support of the idea of
circular benches, possibly staff could be directed to look
into the cost, to that caution was raised as to the birds
that frequent the trees over which such benches would be
placed. With regard to some standardization of benches, the
Director stated that if that is a direction of Council he
would bring back further information, and seek input from the
public and businesses during the public outreach meetings in
that there are a number of benches that presently exist.
Councilman Yost made reference to certain existing benches
that are nice and charming, yet not everyone could afford
that type, possibly there could be a minimum standard, not
necessarily a cookie cutter design up and down the street.
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CLOSED SESSION
The City Attorney announced that pursuant to Government Code
Section 54956.9(b) and 54956.8, the Council would meet in
Closed Session to discuss one case anticipated litigation,
and to confer with the City's real property negotiator
relating to the one hundred acre deed restricted Hellman
Ranch Wetlands parcel. The Council adjourned to Closed
Session at 6:50 p.m. and reconvened at 7:16 p.m. The City
Attorney reported the Council discussed the real property
issues pursuant to Government Code Section 54956.8 and that
no reportable action was taken.
ADJOURNMENT
It was the order of the Chair, with consent of the Council,
to adjourn the meeting at 7:17
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Approved:
Attest:
8-12-02
Seal Beach, California
August 12, 2002
The City Council of the City of Seal Beach met in regular
session at 7:17 p.m. with Mayor Larson calling the meeting to
order with the Salute to the Flag.
ROLL CALL
Present:
Mayor Larson
Councilmembers Antos, Campbell, Doane, Yost
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Absent: None
Also present: Mr. Bahorski, City Manager
Mr. Barrow, City Attorney
Mr. Whittenberg, Director of Development
Services
Mr. Dancs, Director of Public Works/City
Engineer
Mr. Vukojevic, Deputy City Engineer
Ms. Yeo, City Clerk
APPROVAL OF AGENDA
Councilmember Campbell requested that Item "Q" be removed
from the Consent Calendar for separate consideration, and
Councilmember Antos requested that Items "K" and "N"
removed. Yost moved, second by Campbell, to approve the
order of the agenda as revised.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
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ANNOUNCEMENTS
Councilman Antos noted that the Ad Hoc Parking Committee will
meet the following Monday at 6:30 p.m. in the Council
Chambers to discuss the issue of parking meters on Main
Street before that matter is brought to the Council.
Councilmember Campbell announced that on August 17th the
College Park East Neighborhood Association will be hosting a
Kids Swap Meet at Heather Park, the Police Department will be
present to fingerprint children, the Fire Department will be
in attendance.
PRESENTATIONS
RECOGNITION - RETIRED FIRE CAPTAIN AL BELANGER
It was noted that Captain Belanger was not present at this
time.
METROPOLITAN WATER DISTRICT OF ORANGE COUNTY - 50th
ANNIVERSARY
Mr. Ed Royce, Sr., Director of the MWDOC, stated he was
pleased to be present as the City's representative to the
MWDOC Board of Directors. He stated that MWDOC has played an
integral role during the last half century in not only
identifying and meeting the existing water needs of Orange
County but also working with its member agencies to manage
this precious natural resource locally and plan for the
County's future. He noted that voters approved the formation
of MWDOC in 1951 to import water from the Metropolitan Water
District of Southern California, from the Colorado River, to
supplement and protect the local water supplies, this role
has evolved over the years as the needs of MWDOC member
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agencies have changed, in this day MWDOC provides water and a
variety of related services to the cities, water districts,
and two private water companies that comprises the thirty
member agency, they comprise over two million people and
about seventy percent of the county population. MWDOC has
enjoyed strong relationships with its member agencies over
the years including its relationship with the City of Seal
Beach, all working together to manage the water supplies to
provide reliable, high quality water service to MWDOC
customers, in addition the MWDOC public education programs
have helped to foster greater understanding of water related
issues affecting society, and its legislative advocacy
efforts have advanced and protected Orange County interests,
also, the water use efficiency programs have helped the
County to conserve millions of gallons of water each year,
this becoming more and more important. Mr. Royce reported
that MWDOC is now increasing its role in addressing water
quality concerns through the promotion of new landscape
irrigation practices and technologies that will help reduce
urban runoff into streams, ponds, and the ocean, also
conserves water. On behalf of the Board of Directors, Mr.
Royce presented the Mayor and Council with a framed poster
commemorating the fiftieth anniversary of MWDOC's cooperation
and collaboration with all of its member agencies, and
extended appreciation from the Board for the efforts of Seal
Beach to provide high quality water and cooperation with
MWDOC to ensure continued prosperity of the County and a
bright future for generations to come. Mayor Larson
expressed appreciation on behalf of the Council.
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RESOLUTION NUMBER 5045 and RESOLUTION NUMBER 5046 - EAGLE
SCOUT AWARDS - JAECKEL and SHELTON
Mayor Larson read in full Resolution Number 5045 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, HONORING AND COMMENDING MATTHEW JOHN JAECKEL FOR
ACHIEVING THE BOY SCOUTS OF AMERICA AWARD." Mayor Larson
presented Resolution Number 5045 to Matthew Jaeckel with
congratulations.
Yost moved, second by Campbell, to adopt Resolution Number
5045 as presented, also, adopt Resolution Number 5046
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING MICHAEL
TORRANCE SHELTON FOR ACHIEVING THE BOY SCOUTS OF AMERICA
EAGLE AWARD." By unanimous consent, full reading of
Resolution Number 5046 was waived. It was noted that Michael
Shelton was not present to receive the commending Resolution.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
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PROCLAMATION
Mayor Larson proclaimed September 23, 2002 as "Race For The
Cure Day." Doane moved, second by Campbell, to acknowledge
the Proclamation.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
Councilmember Campbell mentioned that one out of every nine
women nationwide will get breast cancer, in Orange County
that number is slightly greater than in all of Southern
California, the survival rate has increased twenty percent
over the last ten years, today eighty percent of those
diagnosed should survive, about ten percent appears to be
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hereditary, the reason for that is unknown, all cancers are
genetic, one is either born with a gene that will go bad at
some point in life or one comes across something in the
environment that reprograms a gene to go bad. Councilmember
Campbell reminded that the Newport Fashion Island Race For
The Cure takes place on September 22nd, and the prior day,
September 21st the Team Spirit Walk takes place in Long Beach
with a hundred percent of the proceeds going to the Long
Beach Memorial Hospital Foundation and only for breast and
ovarian cancer research, and encouraged those interested to
participate.
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PUBLIC COMMENTS
Mayor Larson declared Public Comments to be open. Ms.
Seretta Fielding, Seal Beach Boulevard, spoke with regard to
the Long Beach Junior Crew, a high school rowing program
which is open to every student from 8th to 12th grade. Ms.
Fielding noted that this past weekend a member of Junior Crew
achieved a bronze medal in the Womens Eight in Lithuania, she
is the first woman in California to ever achieve a medal in
rowing competition, also announced that a Los Alamitos
student won a gold medal in the Mens Double, two years ago
her son achieved a bronze medal in Croatia. Ms. Fielding
praised the program, it has goal oriented responsibilities
for young people with competition nationally and
internationally, it is a non-profit organization, and anyone
interested should contact the Long Beach Crew coach. Ms.
Rita Brenner, Trailer Park, voiced a complaint with regard to
a recent article in the local paper, her feeling is that
there should be honesty and integrity when writing about
someone or some thing, the article made reference to an
incident in Rossmoor some years ago, also made a comparison
of Leisure World with personalities in the Trailer park, she
is pleased to see that something may be done so that
residents of Leisure World can express themselves and
participate, with regard to conflicts in Rossmoor, Leisure
World and the Trailer Park it was suggested that those are
personality conflicts and instead of litigation perhaps the
people should have counselors and mitigators, to that she
stated in the Trailer Park it is not personality conflicts
rather fraud and misrepresentation that has gone on for
years. Ms. Brenner noted the earlier study session with
regard to a Main Street encroachment policy, said that should
be given careful consideration because there are already a
number of things on the sidewalk, people mingling, sitting,
etc., she could not see how that would bring in more
business, it could however lead to more lawsuits. Ms. Sue
Corbin, Seal Beach, criticized the suggestion to give up the
Main Street sidewalk area easement to the businesses. She
said only one in four see fit to pay their business license,
the City is paying for the rent and board of the Chamber as
well as their directory, they are engaging in politics
illegally, they do not have a PAC, they are raising money
illegally. Ms. Corbin mentioned a tree at Main and Electric
that she claimed is dead, yet the City hired an arborist who
said it was still alive, his idea was that the salt water
rose and killed the tree, and to that Ms. Corbin said
apparently the City has not reported to the State that there
is sewage under that area, it is the responsibility of the
Council to determine if there is sewage there, the Council
could be liable. Ms. Corbin suggested that the City invest
in a time clock for employees as stealing time is grand
theft. She stated that the local newspaper speaks out
against violence yet when their candidate attacked a member
of the Council they did not speak out against that, the paper
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does not report what is going on, they fact check letters but
do not fact check political ads. There being no further
comments, Mayor Larson declared Public Comments to be closed.
COUNCIL ITEMS
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APPOINTMENTS
Ad Hoc General Plan and Local Coastal Plan Citizens Advisorv
Committee
Councilman Yost appointed Mr. Bruce Monroe as a District
Three representative. Councilmember Campbell appointed Mr.
Bruce Fitzpatrick as the District Four representative.
Larson moved, second by Yost, to approve the District Three
and District Four appointees.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
Citizens particioation Committee
Councilmember Campbell appointed Mr. Rich D'sa as the
District Four representative for the unexpired term ending
July, 2004. Larson moved, second by Campbell, to approve the
District Four appointee as presented.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
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Oranqe Countv Council of Governments
Larson moved, second by Yost, to approve the appointment of
Councilmember Antos as the City's representative to the OCCOG
General Assembly on August 15th, 2002.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
CONSENT CALENDAR - ITEMS "G" thru "S"
Doane moved, second by Yost, to approve the recommended
action for items on the Consent Calendar as presented, except
for Items "K, N, and Q", removed for separate consideration.
G. 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.
H.
Approved regular demands numbered 38470
through 38732 in the amount of $1,087,981.76,
payroll demands numbered 16752 through 17l3l,
and 927725-29, and authorized warrants to be
drawn on the Treasury for same.
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1.
Ratified the San Gabriel Parks Society
appointment of Ms. Mitzi Morton to the Project
Area Committee for the two year term expiring
July, 2004.
J. Approved the plans and specifications for the
Annual paving Rehabilitation, Fiscal Year
2002/2003, Project Number 49673, and authorized
staff to initiate the bidding process.
8-12-02
L.
Adopted Resolution Number 5047 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH APPROVING CUP NO. 02-12, PERMITTING
THE OPERATION OF A PROFESSIONAL OFFICE LAND
USE ON THE GROUND FLOOR AT 218-1/2 MAIN STREET,
SEAL BEACH (HOME LOAN ONLINE)." By unanimous
consent, full reading of Resolution Number
5047 was waived.
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M. Adopted Resolution Number 5048 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH ADOPTING A STATEMENT OF GOALS AND
POLICIES FOR THE USE OF THE MELLO-ROOS
COMMUNITY FACILITIES ACT OF 1982"; and
Adopted Resolution Number 5049 entitled "A
RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF SEAL BEACH TO ESTABLISH CITY
OF SEAL BEACH COMMUNITY FACILITIES DISTRICT
NO. 2002-01 (HERON POINTE) AND TO AUTHORIZE
THE LEVY OF A SPECIAL TAX WITHIN CITY OF
SEAL BEACH COMMUNITY FACILITIES DISTRICT
NO. 2002-01 (HERON POINTE)"; and
Adopted Resolution Number 5050 entitled "A
RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF SEAL BEACH TO INCUR BONDED
INDEBTEDNESS WITHIN PROPOSED CITY OF SEAL
BEACH COMMUNITY FACILITIES DISTRICT NO.
2002-01 (HERON POINTE)."
By unanimous consent, full reading of
Resolutions numbered 5048, 5049, and 5050
was waived.
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O. Approved the minutes of the regular meeting
of May 13, 2002, the regular adjourned meeting
of May 21, 2002, and the regular meeting of
May 28, 2002.
P. Adopted Resolution Number 5051 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, ADOPTING AND
FILING THE ANNUAL STATEMENT OF INVESTMENT
POLICY AND GUIDELINES FOR THE FISCAL YEAR
2002/2003." By unanimous consent, full
reading of Resolution Number 5051 was waived.
R. Ratified the appointment of Mr. John Unrath
and Mr. Mario Voce by the Environmental Quality
Control Board to the Ad Hoc General Plan and
Local Coastal Program Advisory Committee.
S.
Received and filed the status report relating
to the Seal Beach Boulevard Zoning Study,
Limited Commercial Zone
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AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "K"
PROGRAM
PROJECTS
- AWARD OF BID - ALLEY UTILITY REPLACEMENT
- 13th/14th / 14th/DOLPHIN / 15th/16th ALLEYS -
NUMBERED 498l3C and 50062C
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Bids were received until 10:00 a.m., July 11, 2002 for Alley
Utility Improvements (water and sewer), Projects Numbered
49813C and 50062C, for 13th/14th and 14th/Dolphin alleys from
Ocean Avenue to Electric Avenue and the 15th/16th alley from
Electric Avenue to Pacific Coast Highway, at which time they
were publicly opened by the City Clerk as follows:
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universal Construction and
Maintenance
palp, Inc. dba Excel Paving
Company
$ 934,660.00
$1,059.808.00
Councilman Antos asked if the 13th/14th and 14th/Dolphin
alleys could be staggered so that they are not both torn up
at the same time in the interest of finding alternative
parking. The Deputy City Engineer responded in the
affirmative, explained that eighty working days have been
scheduled to complete the work, it is felt that once the
contract has been awarded something can be arranged where
possibly only two can be under construction at one time, also
a community meeting is planned for possibly the last of
August or the first part of September to discuss the
scheduling, parking, trash, etc., notices will be sent to all
of the affected residences.
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Doane moved, second by Campbell, to award the contract to the
lowest responsible bidder, Palp, Inc. dba Excel Paving
Company, in the amount of $1,059,808, rejected the lowest
bid on the grounds that it was non-responsive, and authorized
the City Manager to execute the agreement on behalf of the
City.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
ITEM "N" - COUNCIL MINUTES
Larson moved, second by Yost, to approve the minutes of the
regular adjourned and regular meetings of April 22, 2002.
AYES:
NOES:
ABSTAIN:
Campbell, Doane, Larson, Yost
None
Antos Motion carried
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ITEM "0" - AGREEMENT - SPRINGBROOK SOFTWARE - ONLINE UTILITY
PAYMENTS
Councilmember Campbell noted that there will be a fee for
utilizing this service and asked if the fee will be paid by
the City or the residents. The Administrative Services
Director responded that the fee would be paid from the fees
collected through the Water Department, it would be a cost of
doing business, it will be similar to the customer currently
being able to pay by credit card, it is not a significant
fee, it is a courtesy to the customer to give them the
service that has been asked for, it will be $83.33 per month
for the service. Yost moved, second by Campbell, to approve
the software subscription agreement with Springbrook Software
to provide utility billing customers the ability to check
their account balances, activity, request service, and pay
their utility bill by means of the internet.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
8-12-02
RESOLUTION NUMBER 5052 - SPEED SURVEY / SPEED LIMITS
The consulting traffic engineer, Mr. Zimmerman, presented the
staff report, explaining that action on this item will
establish speed limits within the City, accept the State
speed survey, and will enable radar enforcement of the speed
limits in Seal Beach. Mr. Zimmerman reported that the
California Vehicle Code requires that a justified engineering
and traffic survey be performed once every seven years, the
last survey was conducted in 1995, page two of the staff
report highlights certain streets that have increased speed,
that is based on an eighty-fifth percentile, also detailed in
the Traffic Study Report, pointed out too that by accepting
these speed surveys, specifically the McGaugh School area,
enforcement of the school zone will be reduced to twenty-five
miles per hour during school hours, noted too that the City
Council has the option of setting any speed limits desired
between twenty-five and fifty-five however that would impede
radar enforcement of traffic violators. Mr. Zimmerman made
reference to the options available for Council consideration,
to adopt the Resolution which will establish speed limits
within the City of Seal Beach, approve the speed survey, and
accept the State speed survey, with that action the City
would be in compliance with the California Vehicle Code, or,
adopt a modified resolution with changed speed limits, with
that the use of radar for ticketing would not be enforceable,
or, do not accept the resolution or the speed survey which in
turn would make radar for ticketing unenforceable.
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Councilmember Campbell expressed concern with the proposal to
increase the speed on Almond Avenue from twenty-five to
thirty miles per hour, that would make it the only street in
College Park East that would not be twenty-five miles an
hour, that would be confusing, also, she does not support
raising the speed limit just because there are vehicles
exceeding the speed limit, she understands too that if the
posted speed is left at twenty-five and someone is stopped
for going thirty-two they are not going to get a ticket
because in theory they could say that the recommendation was
to go to thirty, her concern is that there are people that do
not drive thirty rather fifty and fifty-five, and to that the
residents complain and want police surveillance. For the
sake of uniformity, and since Almond Avenue is not that long,
she would request that the speed limit be twenty-five
throughout the tract. The Public Works Director explained
that at present that section of roadway is unenforceable by
radar as the speed was left at twenty-five miles an hour
where it should have been thirty-five miles, it could be left
at twenty-five but that would mean it will be in the same
position as it has for the past seven years where radar
enforcement has not been used, allowing the speed limit
increase will in turn give the Police Department an
additional tool to cite the intentional violators. with
regard to why those doing fifty or so miles an hour are not
being cited now, the Director responded that they can not use
radar because the speed survey would not hold up in court,
the California Vehicle Code states that if the traffic
engineering speed survey, basically the eighty-five
percentile speed taken of all of the people traveling on the
road, and if the speed is then not set at that speed limit it
is defined as a radar trap under law. To a query relating to
Wisteria, the Director explained that Wisteria has fronting
residential units and prima facie or self evident speed
limits are those that are defined as any time residents abut
the street, on Almond the problem is that there is the
freeway wall on one side and pursuant to the Vehicle Code
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8-12-02
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definition the houses front the cul-de-sacs and not Almond
Avenue, that is why it could not be established at twenty-
five miles an hour, an independent traffic engineer was hired
to do the surveys and statistically that is the speed that
people are traveling, the numbers do not dictate twenty-five
miles an hour. Councilmember Campbell again said to write
the speed limit to what people are traveling does not work
for her, and because there are so many cul-de-sacs coming out
onto Almond between Aster and Jasmine that that would justify
keeping the speed at twenty-five, around the area of Almond
Park there are homes that front onto Almond, therefore
although she understands the staff point of view she still
has a problem with raising the speed to thirty, she does not
like seeing one street at thirty when the rest of the tract
is twenty-five. Mr. Zimmerman read the definition of a
residential street as set forth in California Vehicle Code
Section 515. In response, Councilmember Campbell said her
understanding of the definition is that there needs to be a
certain number of houses yet there are none except those
fronting Almond Park, however the area from Aster to Jasmine
has more cul-de-sacs than the area from Oleander to Violet,
there are cul-de-sacs that empty onto Almond on both sides of
the Park, one side is just longer and has a stop sign. Mr.
Zimmerman noted that page seven of the Survey shows that the
eighty-fifth percentile between Aster and Jasmine is actually
forty-three yet the Vehicle Code allows a reduction because
of the parks on both ends, that is the reason for
recommending twenty-five miles an hour in that area, for the
Oleander to Violet area research was done of the Vehicle Code
for a basis for reduction of the speed but that was not
possible because that area does not fit the definition of a
residential district in that it does not have frontage to
Almond, only side streets, therefore under the definition it
is considered a collector street. Mayor Larson suggested
that a decision be made as to whatever speed is desired,
understandably the lower speed, yet cautioned that when
residents request that there be radar enforcement of that
street they need to be informed that that is not possible and
why. Mr. Zimmerman explained that if the speed limits are
adopted then they will be enforceable by law. The Public
Works Director mentioned that the eighty-five percentile was
done on that segment of street, it was at thirty-five and has
been reduced by five miles an hour to thirty as allowed in
the CalTrans Traffic Manual, to reduce it further there would
need to be some type of intense justification or accident
history rating to do so. For clarification Councilmember
Campbell noted that the area from Oleander to Violet will be
posted at thirty, the area by Almond Park and down to Aster
will be posted twenty-five. The Director responded that
staff could look at posting in order to advise motorists that
they are transitioning into a higher speed limit, explained
that speed limit signs are generally not placed in
residential neighborhoods but in this instance it is felt
that a traffic engineering justification can be made to do so
on Almond Avenue. Councilman Doane asked if the same radar
enforcement ruling applies to the Seal Beach Boulevard/
Westminster to 1-405 Freeway as well. The Director responded
that that is correct, the speeds are established based on the
eighty-fifth percentile, that means setting the speed limit
at what most people are traveling, that was legislated into
the Vehicle Code so that agencies, cities, and counties could
not set radar traps, it is therefore a fair speed limit, and
the driving public can see that the speed limits, and where
they are set, are being established and enforced fairly, the
safety factor as well. Councilman Doane reported having
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observed an injury accident at St. Andrews/Seal Beach
Boulevard while traveling to this meeting, noted too that
there are a number of exits from the Seal Beach shopping
center onto the Boulevard which requires easing into traffic,
this has been a cause of accidents in the past, he has a
concern with raising the speed limit on the Boulevard from
the shopping center frontage to the Golden Rain Road entry,
possibly it could be raised from Golden Rain to the Freeway
entrance, and inquired if the only way to issue tickets is
through the use of radar. The Public Works Director
confirmed that the enforcement officers are allowed to pace.
With regard to speeding, the Director noted that there have
been accident histories done, and now proven, that it is the
speed differential between the traffic and the speed that
people are traveling that causes accidents, therefore
technically if an artificially low speed limit is set, forty
miles an hour as an example and there are ten percent that
obey the forty miles, the remaining traffic is traveling a
higher speed, that creates a situation for accidents to
occur, what is desired is a free flow of traffic. The
Director pointed out that what the outside traffic consultant
does is not only look at the raw numbers, what eighty-five
percent of the people are driving, but also checks accident
reports and histories for a three year period, checks site
distances and conditions, that survey is certified, and
explained that when a police officer goes into court where a
driver is fighting a ticket there is often a public records
request for a copy of the traffic engineering survey, the
survey must be done by a licensed professional engineer who
is willing to place his stamp on the document, if the
document does not have that and radar is used then a judge
will throw the issue out of court. He noted again that
speeds have been lowered by five miles an hour where
appropriate in accordance with the CalTrans Traffic Manual,
yet cautioned that when speed limits are lowered between ten
to fifteen miles an hour without some type of justification
or accident pattern history, the engineering guidelines of
the California State Traffic Manual does not allow that
prerogative, they hold cities to the standards. Councilman
Doane stated he understands the restrictions yet does have
concern with the one area of the Boulevard. Councilman Yost
mentioned Bolsa Avenue between Pacific Coast Highway and Seal
Beach Boulevard, McGaugh School, thirty miles an hour, his
understanding is that it is a residential collector street.
The Public Works Director reported that in front of McGaugh
School when children are present it is a twenty-five mile per
hour zone similar to Seal Beach Boulevard, the Police
Department can site at any time children are present, when
children are not present there is no leeway unless there is a
high incidence of accidents or site distance problems, that
the traffic engineer did not find that situation. Councilman
Yost stated it would seem rational to have the street that
runs by the park that is used by much of the community to be
twenty-five, with regards to Marina Drive with a speed limit
of thirty-five miles per hour, that will be going to two
lanes, to that he inquired if that street will need to be
resurveyed. The response of the Director was that it will be
resurveyed, according to the Vehicle Code once the seven year
speed survey is done, anytime that there is a roadway
alteration, whether it be an improvement project, narrowing,
or whatever, it is necessary to do a new speed survey to
adjust the speed limits accordingly. As to the speed survey
of Seal Beach Boulevard between Pacific Coast Highway and
Electric, the Director confirmed that the survey was done
after the Boulevard improvements.
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8-12-02
Doane moved, second by Campbell, to adopt Resolution Number
5052 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH ESTABLISHING SPEED LIMITS ON CITY STREETS AND
RESCINDING ALL RESOLUTIONS IN CONFLICT THEREWITH." By
unanimous consent, full reading of Resolution Number 5052 was
waived.
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AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
PRESENTATION - RETIRED CAPTAIN BELANGER
The commemorative plaque for the years of service for Retired
Fire Captain Al Belanger was given to another member of the
Orange County Fire Authority for presentation to Captain
Belanger. Councilman Doane mentioned that Captain Belanger
was recently honored on the Talk of the Town Show as well.
PAVEMENT MANAGEMENT SYSTEM 2002 - UPDATE
The Director of Public Works presented the staff report,
explained that the Pavement Management System update is
required to be done yearly or bi-yearly by the Orange County
Transportation Authority, in this case this is basically a
review of a prior presentation.
* Roads have to be managed, not just maintained,
streets need to be maintained using the most
cost effective methods and basically not letting
them deteriorate totally;
*
Seal Beach has about forty-three centerline miles
of road, 1.1 million square yards approximately,
equal to about two hundred twenty-five football
fields, a very high replacement cost, bottom line
is pay now or pay later;
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* Good roads basically cost less, if roads are allowed
to degradate, not maintained through seals or
maintenance overlays, they will last a much shorter
time and will cost considerably more money over the long
run than it will if they are maintained properly;
* A diagram was shown of a twenty-five year life cycle
for a road, for every dollar that is spent in
maintenance, if delayed five times as much will be
spent later as the street degradates in quality,
different ,agencies have different methodologies to
do what and when, good to excellent roads - slurry
sealed, roads in fair condition - an overlay, poor
roads - a thick overlay or reconstruction, that is
the last place the City would want to be;
*
Staff goes through the program and does an engineering
analysis of the treatments needed, what type of
treatments to apply and where to apply them, this is
an effort to get the street to last as long as possible,
trying to stretch every penny out of the Gas
Tax and Measure M turnback dollars;
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*
The paving condition index was shown, also included
in the staff report, it is a rating system, recently
Orange County Transportation Authority informed the
City that basically the entire of Orange County will be
on the same rating condition index, the condition
of excellent, very good, good, fair is what is being
dictated by OCTA, that is good in that it allows the
8-12-02
City to compare itself with the County, the question
will come up as to who dictates the PCI, last year
it was done inhouse, this year the City hired a
an engineering consultant expert, the same one that
OCTA uses to evaluate all of the conditioning mixes
of the streets;
*
There are different distresses, the one that is
disliked the most is the alligator cracking, that
is when the street surface is coming up, Seal Beach
has a lot of that, riding depressions will be
seen a lot on the arterials, weather and raveling,
transverse cracking is seen a lot for different
reasons especially where there is an overlay of
concrete streets;
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*
The City must retain good roads while repairing
poor roads;
*
To the distress where the streets pull apart, the
explanation was that that is not distress it is
from a past project where there was not a good
adhesion when they laid the rubberized asphalt
and it is basically tearing the mat up, that is
not a standard condition, it comes from the quality
of workmanship;
*
with the rating system everyone wants to know if
the worst streets are done first or how they are going
to be done - the quality of the pavement is about
seventy percent of the rating system, fifteen
percent will be the classification of the street,
which is an easy way of saying that streets that
get more vehicles will get paved first because they
degradate faster, an arterial with a lot of traffic
will get paved first, those with truck traffic get
another fifteen percent rating because the pavement
curves go down rapidly with truck traffic;
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* There is a lot of benefit to pavement management, it
is basically the most efficient use of the resources;
* Cost, that is the greatest concern - with a million
square yards of pavement the replacement costs for
the fixed asset is about $45 to $60 million dollars,
that is dependent upon how the streets are done,
and when small sections of streets are done because
of the lack of money the reconstruction costs go
much higher, that is one of the differentials for
the range;
*
The current backlog to put all of the streets in
good condition - it would take about $8 to $10
million based on preliminary estimates to pave,
seal, bring them up to a good condition;
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*
Regular maintenance - an analysis was done and without
getting into engineering and accounting for inflation,
but if that was factored into the engineering formulas,
for streets to be maintained in good condition it is
$460,000 per year, if no maintenance is done, let the
streets degradate, the cost would be about $1.1 million
per year, the number has inflation factored in so they
are not real numbers but are comparative numbers, that
would be about a sixty-five percent differential,
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8-12-02
therefore it pays to maintain the streets in a timely
manner;
*
Staff worked out what it would take to improve the
streets on a preliminary level, the estimate is $1.1
million, that number is somewhat high in that no
money is being reserved for the reconstructions that
will come, streets eventually wear out and need to
be reconstructed, there will be a time when there
will be a lot of reconstruction;
* Allocation for street paving - the local street
paving program has about $150,000, the sealing
program has about $75,000, the arterial program
has about $200,000, about a half million is spent
on paving at present, looking at that overall in
the recommended funding level commitment, there
is a shortage of about $640,000, that is about
where the City needs to be to fund the streets
adequately;
*
Good news - staff has been applying vigorously
for all of the grant money possible, the City has
been successful in the AHRP program, Seal Beach
Boulevard was paved from Lopez Drive to Westminster,
from Westminster to the 405, recently completed
Lampson Avenue, OCTA has just put out their proposed
next program, that will be for Seal Beach Boulevard
north of the 405, the programs are good in that they
offer a fifty/fifty match, that is the best thing
to keep the pavement dollars going;
*
The next program - the report programs the streets
over an eight year span, the next street will be
College Park Drive, then Corsair, Caraval Way, and
Clipper for 2003/2004, in actuality streets are
only programmed for a three year period because
they degradate at different levels, if there was
about $150,000 per year that would be the rate at
which the program could slowly be done, again,
these are preliminary estimates, they change when
it comes to design;
* It is important to get onto the slurry seal program,
it is anticipated to start in March/April of 2003,
a lot of streets are coming due, a number were done
in 1995, the intent is to slurry seal every seven
years, this is where the cycle starts, if streets
are paved and they are not sealed by seven years
later then they start to deteriorate while money is
put into the overlays of the other streets then there
is the same situation;
*
What is next - staff could do a lot more detailed
comprehensive pavement modeling system, there is
a software program that will give more analysis
than anyone ever wanted to know, funding projections,
what if scenarios, in this City the intent is to
keep the reports relatively simple and on a staff level
basis, this is alright for now, saves the
approximate $30,000 which can be used for local
paving rather than paying for a program that tells
in detail how much money the City does not have
to fund streets, that is a program that can be
anticipated in the future, the City also uses GIS
8-12-02
to locate streets and not allow cutting into the
streets after they are paved, which also degragates
the pavement.
Councilmember Campbell inquired as to when this
presentation will be online, people will be interested to
see when their street is scheduled, the response of the
Public Works Director was that the inventory list will be
posted in about a month, the priority rating system as well,
in addition a color coded GIS map is being prepared that will
be on the web site and show the condition of all of the
streets, the number of streets, the rating methodology, also
it is necessary to group the streets together as best can be
done which brings a lower price from the contractor, it is
less cost effective to try to do streets in their ranked
order if they are in completely different locations in the
City. The Director confirmed that this is for paving and
slurry, patching is different, in those cases the maintenance
crews are dispatched, the intent is to hot mix patch two days
a month.
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Yost moved, second by Campbell, to approve the 2002 Pavement
Management System Update.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
STATUS REPORT - SPECIAL EVENT POLICY
The Associate Planner presented the staff report, noted that
the Special Event Ordinance is approximately one year old and
certain problems have arisen relating to how staff processes
some of the events. The Planner explained that there is
currently a sixty day application window, the process is that
someone brings a completed application to staff, notices of
the event are sent to the affected property owners or tenants
located within one hundred feet of the proposed activity,
there is a ten day comment period where anyone can present
their opinions, a decision is then made by staff and
notification is given to the applicant, at that time the
applicant can appeal the decision of staff or any conditions
imposed by staff to the City Council, that process takes
approximately sixty days to guarantee the applicant their due
process rights of appeal, that has been found to be creating
problems in that a number of the nonprofit groups will come
in significantly closer to the date of the event to obtain a
permit. He reported that shortly after the ordinance was
passed staff did a public outreach program through the
Chamber of Commerce, placed a letter in the Chamber
newsletter, at that time permits were being approved without
going through the actual steps of the ordinance and informing
the applicants that they would need to follow the procedures
for the following year. The Planner stated it has been
noticed that nothing has really changed, applications are
still being received close to the actual event dates, that
poses a dilemma as to whether the permit requests should be
approved without adhering to the provisions of the ordinance
that sets forth the application window and guarantees the
applicants due process rights or should the application be
denied because they have not met the requirements of the
ordinance, many of the events are not ones that staff would
want to deny, rather approve with some level of conditions.
The Planner mentioned that to this concern staff has proposed
options for Council consideration relating to this item, 1)
change the ordinance to allow the Director of Development
Services to issue all special event permits with an appeal
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8-12-02
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procedure to the City Manager rather than the City Council,
that would allow appeals to be heard in a shorter time frame
and would shorten the process by about half the time, that
could help the processing of special events where most
applications are seen between two to four weeks prior, and
within this option the Council could consider eliminating the
noticing requirement, while this would have no impact on the
overall time frame to process a special event permit, the
noticing seems to be confusing for the average person or
volunteer of the groups that want to hold fund raisers as to
how to produce those types of address labels, the pros and
cons of having the noticing requirement within the ordinance
are that there is some confusion by the applicants yet on the
other hand the affected persons receive notification that an
event is proposed and they have the opportunity to advise
staff of their opinion, to that he suggested that if the
Council chooses to leave the noticing requirement in the
ordinance then direct staff to prepare the labels rather than
the applicant, then just increase the fee to cover the cost.
The second option would be to change the definition of what a
special event is under the Council adopted policy statement
and keep the same procedures in place, at present the policy
statement sets forth the types of events that would go
through this procedure, the statement itself is fairly broad
yet the interpretation has been that things that would
typically happen on private property, live music an example,
would need to go through the process in that it is not
permitted by right, another example would be someone who
wants to have Christmas trees or pumpkins in a parking lot
that would otherwise be required parking for businesses on
site or someone who wants to set up a tent at the Rossmoor
Center to sell things would need to go through the process, a
wedding in the City Hall courtyard or rental of the Marina
Center for a function would require a special event permit,
closure of public streets for the Car Show or a block party
too, those are things that is felt that the public may want
to receive notification of, the policy statement was felt to
be the most appropriate means of handling those types of
applications, the Council could provide further clarification
within the policy statement or rework the statement in total,
possibly redefine or remove certain events so that they would
not have to go through this process. Last, if it is the
desire of the Council there could be no change thus require
all applicants to comply with the ordinance as written, a
caveat to that is that as applications come in close to the
time when the event is going to take place there has not been
strict enforcement, when the procedures have been explained
there are some persons who have responded that they will just
do it anyway, in those instances staff is seeking direction
as to what level of enforcement would the Council be
comfortable with.
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Councilman Yost inquired as to how many special event permits
have been appealed to the Council, the response of the
Planner was none to his knowledge. Councilman Yost said his
preference would be option one yet would not like to give up
the ultimate appeal authority to the City Council, that could
be included as an additional level, he did not feel that the
ultimate decision should lie with the City Manager as it is
the Council that has to be responsive. Councilman Antos
stated he would not be in favor of changing the ordinance to
allow the Director of Development Services to issue the
permits, to loosen the definition of special events, to that
he reminded that a number of special events take place in the
downtown area, he receives calls relating to them, also, at
8-12-02
the last Planning Commission meeting there was a direct
request to be noticed of special events, specifically there
was a car sale in the Leisure World shopping center area with
a large helium balloon, the Commissioners from that area were
desirous of being noticed of such things, the Council needs
to be noticed, the notice procedure needs to continue
particularly issues related to music, alcohol, and blocking
off of streets, he is not comfortable with delegating this
matter down, the City would be better served if the Council
is noticed when event applications come in while the
processing is going on because there is then the opportunity
for the Council to make their comments known, and if an
applicant pursues the appeal process because they did not
submit within the time frame then the Council is aware of it.
Councilman Antos said he would favor no change other than
notification to the Planning Commission as well as the
Council. Councilman Yost spoke in favor of staff preparing
the mailing labels, possibly send them within three hundred
feet rather than one hundred, and have any review of
applications included in the weekly newsletter from the City
Manager. Councilman Yost said he would like to find a
resolution of the situations that staff is dealing with
relating to late applications, resolve and possibly
strengthen the process yet not give up the authority, find a
way to make the system work better. Councilman Antos noted
that some of the special events are annual, the Christmas
Parade, Easter parade, Rough Water Swim, 10K Run, when the
Recreation brochure is distributed people know these events
are upcoming, including those sponsored by nonprofits such as
the Sandcastle Contest, these are all known well in advance
and are likely not a problem, also, if people are making
application for a special event and the staff response is
that there is not enough time, the applicant says they will
have it anyway, then call the Police Department, let them
know they are violating the City ordinance, the Police can
cite and they probably ought to. Councilmember Campbell
noted the upcoming kids swap meet in College Park East, when
the representative of the event came to City Hall she was
informed that the properties around the area needed to be
noticed, this is around Heather Park, this and other
activities are annual events, to notice residents within
three hundred feet is an expense that the City should not
have to incur, yet there is understanding too that every
applicant needs to be treated the same. The planner noted
that there are a number of events that are held every year
and as the policy statement reads currently they still need
to make application for a special event permit. The Manager
mentioned too that the presidents of organizations change and
there is not always a transition of knowledge that
application must be made within sixty days, etc.
Councilmember Campbell expressed her feeling that the sixty
days places a burden on some of the organizations, especially
with transitions, they are not aware of or why the City has
these requirements. To put on a sizeable event the sixty
days may be reasonable, but in other instances it would seem
that thirty days would be workable. Mayor Larson recalled
the Veterans of Foreign Wars and American Legion wanting to
put on an event at Eisenhower Park where there was a conflict
of dates, his understanding was that the Council approved the
Memorial Day and Veterans Day dates from now forward for
those activities, and inquired if they have to make
application annually and notice. The Planner confirmed that
those would be considered a special event, and as there is a
calendar of annual events the intent was to send notices and
process those just after the first of the year, what was
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8-12-02
I
found was that the applications did not come in until just
before the event. Mayor Larson inquired if the Diesel
Boaters require a permit to be on Navy property, the response
was no. Councilman Doane asked if the Lions Club requires an
application and do they request in advance, the response was
that they do require a permit and they are supposed to
request in advance. Since most of the annual events and
their approximate time of year are known, Councilman Antos
said it would seem that staff could contact the various
organizations that participate in those events and request
that they complete the paperwork to get it on file for
current year calendar, by doing so staff would also have a
contact. Councilman Yost spoke in support of a thirty day
process. To that the Planner stated that the concern with
thirty days is that there would not be time to circulate the
application to the various departments for conditions,
assuming approval, or for the appeal process before the
Council before the date of the event. Councilman Yost then
suggested forty-five days. The City Manager suggested that
he be allowed to handle the appeal and if the event turns out
to be a problem there could be a provision in the ordinance
for Council review and directive to not issue a permit for
that event in the future, that would still provide the
Council with a voice in the permitting retrospectively, also
notify the Council of the event application in the weekly
newsletter. Councilman Yost said provided that the Council
retains the ultimate authority to grant or not grant the
appeal if the decision is not acceptable, again, it is the
Council who are elected by the public and are accountable to
them. Councilman Doane recalled that over the past two or
three years there was only one event where the public
complained that the terms of the special event were not
complied with. Mayor Larson offered that he had no problem
with the City Manager approving permits so long as the
Council receives timely and appropriate notice, in that case
if a member of the Council is not pleased with the decision
it could then come before the Council. Councilman Yost
suggested too that the staff do the notice mailing within one
hundred feet. As a for instance, the Mayor said what bothers
him is that people will say that they did not think that Seal
Beach allowed a used car lot in the Leisure World Shopping
Center, however had he known it was there he could have
responded, yet he understands in that because of September
11th the Navy Credit Union could not hold the event on Navy
property. With regard to a question as to whether the City
receives sales tax from such a car sale, the Council was
advised that sales tax is received with the sale of any
vehicle sold in the City of Seal Beach, the understanding is
that inasmuch as this was through the Credit Union, which is
not a usual Navy base activity, that the City does receive
sales tax upon the sale of vehicles.
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Mayor Larson asked if the Council was satisfied with the
changes as discussed, a second was indicated by Councilman
Yost.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
CITY ATTORNEY REPORT
No report was presented.
CITY MANANGER REPORT
The Manager expressed appreciation to Mayor Larson and
Councilmember Campbell for attending and listening to his
8-12-02 / 8-26-02
presentation relating to water quality at the recent League
meeting. Mayor Larson offered that one of the Manager's
qualifications was his ability, knowledge, and experience in
that particular area.
COUNCIL COMMENTS
Councilmember Campbell noted that when there are special
activities in College Park East she tries to thank all of the
people who help, this time she forgot a person from the July
4th event, and expressed appreciation to Rob Roy of Seal
Beach TV 3. She mentioned that this City is so attentive to
the environment, that is one reason she appreciates the
opportunity to serve on the Sanitation District, she was one
who helped stop the waiver, she would like to eventually see
the Sanitation District stop dumping some four plus miles off
of the coast of Huntington Beach, also, she will be serving
on the District's Urban Water Runoff Committee, noting that
before you can clean up the ocean you must first stop
polluting it. Councilman Yost requested that staff look at
and agendize a grading ordinance for the City, there are some
residents that have an issue with a property on the Hill, and
Mayor Larson added that he understands that the Planning
Commission will also be reviewing such ordinance, the Manager
added that they will be reviewing the process. Councilman
Antos said he supports that.
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 August 26th at 6:30 p.m. to
meet in Closed Session if necessary. By unanimous consent,
Mayor Larson adjourned the meeting at 9:02 p.m.
I
~
Clerk and ex-off~cio
he City of Seal Beach
Approved:
Attest:
Seal Beach, California
August 26, 2002
I
The City Council of the City of Seal Beach met in regular
adjourned session at 6:30 p.m. with Mayor Larson calling the
meeting to order.
ROLL CALL
Present:
Mayor Larson
Councilmembers Antos, Campbell, Doane, Yost