HomeMy WebLinkAboutCC Min 2002-09-23
9-9-02 / 9-23-02
ADJOURNMENT
It was the order of the Chair, with consent of the Council to
adjourn the meeting until September 23rd at 6:30 p.m. By
unanimous consent, the meeting was adjourned at 10:2~ p.m.
o
ex-off'~io clerk
Seal Beach
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Attest:
Approved:
Seal Beach, California
September 23, 2002
The regular adjourned City Council meeting scheduled for 6:30
p.m. this date was canceled due to the lack of items,
requiring Closed Session consideration.
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Clerk and
the City of
clerk
Seal Beach, California
September 23, 2002
The City Council of the City of Seal Beach met in regular
session at 7:52 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
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Also present: Mr. Bahorski, City Manager
Mr. Barrow, City Attorney
Mr. Mandell, Assistant to the City Attorney
Mr. Whittenberg, Director of Development
Services
Mr. Danes, Director of Public Works/City
Engineer :
Captain schaefer, Police Department
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Mr. Vukojevic, Deputy City Engineer
Mr. Cummins, Associate Planner
Ms. Yeo, City Clerk
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APPROVAL OF AGENDA
Councilman Yost requested that Items "N" and "S" be removed
from the Consent Calendar for separate consideration, and
Councilmember Campbell requested that Items "R" and "T" be
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
ANNOUNCEMENTS
There were no announcements.
PRESENTATIONS
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MADD AWARDS
Captain Schaefer introduced Lieutenant Schuler of the Costa
Mesa Police Department and current President of the Orange
County Chapter of MADD. Lt. Schuler pointed out that there
are four Seal Beach officers that have gone out of their way
in the apprehension of impaired drivers, each year MADD
presents awards to officers who have made between twenty-five
and ninety-nine arrests, and in November there is an awards
luncheon honoring any officer that has made one hundred or
more DUI arrests in a fiscal year. Lt. Schuler read in full
the commending MADD resolution, it which it noted that
thirty-eight percent of all traffic fatalities in the United
States are alcohol or drug related, more than 250,000
citizens are injured in such crashes each year, and
apprehension of impaired drivers has a significant impact on
all types of criminal behavior since eighty percent of all
felony convictions and a like percent of misdemeanor
convictions involve alcohol or illegal drugs. Ms. Cindy
Bender, a volunteer for MADD, stated she is a victim of a
drunk driving crash in Victorville where four young boys lost
their lives. Lt. Schuler presented commending plaques to
Officer LindaSu McDonald for twenty-five arrests between July
1st, 2001 through June 30th, 2002, Officer Craig Jones for
twenty-five arrests, and Corporal John Scott for twenty-seven
arrests. He also noted that Officer Tom Medina, not present
at this meeting, will receive an award for having made forty-
five arrests during the same period. Lt. Schuler commended
all for making this City a safer place. On behalf of the
residents and visitors to the City, Mayor Larson also
extended appreciation.
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PROCLAMATION
Mayor Larson proclaimed October 6th through October l2th as
"Fire Protection Week" and October 12th as Open House at most
fire stations throughout Orange County.
MARINA COMMUNITY CENTER
The Deputy City Engineer noted that the Marina Community
Center is a facility having a variety of recreation uses. He
noted that last year the City received two $lO,OOO donations
and a $3,000 donation from the 10K Run Committee, the Seal
Beach Host Lions donated $5,000, the Seaside Lions donated
$500, and the Ladies of the Evening donated $500 for a total
of $29,000. The Public works/Engineering Department worked
with the donators as well as the Recreation Department to
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develop an improvement project for the Marina Center, the
sliding doors have been replaced, the large cargo sliding
door was repaired, a new stove was purchased and installed, a
new sink, a new sound system, new vertical blinds, and the
entire interior was repainted. The Council commended the
donors for making this project possible. Mayor Larson
requested that the City Manager or City Clerk forward letters
to the donating organizations expressing appreciation on
behalf of the Council.
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PUBLIC COMMENTS
Mayor Larson declared the Public Comment period to be open.
Mr. Doug Korthof, Seal Beach, indicated his intent to speak
regarding the Hellman mesa, the activity on that property has
stopped. He noted that most of the former Hellman Rancho was
sold over the years however there were persistent reports of
Native American burial sites and cultural resources on the
mesa, there are eleven sites listed in the State book of
Native American sites. Mr. Korthof mentioned that there have
been sporadic efforts to develop the last one hundred six
acres, most recently a golf course, wetlands, and housing on
the mesa, in 1998 the Coastal Commission granted a permit for
that development knowing that it could not go forward because
it was filling wetlands, after that there was a lawsuit that
overturned the permit, unfortunately the housing component on
the upland was excluded from the negation, it was considered
to be legal because protection for the upland is much less
than protection for wetlands under the Coastal Act, the
lawsuit was won, it saved the wetlands, but allow th~ housing
on fourteen acres, later eighteen acres of the mesa plus nine
acres of bioswale in exchange for one hundred six acres of
open space and wetlands, and an eventual conversion of an
additional fifty acres of wetland habitat when oil recovery
operations cease, so eighteen acres of habitat were iost. In
the case of the Bolsa Chica mesa that stopped the
development, but it did not stop it in Seal Beach for
whatever reason, supposedly there was to be nine acres of
lowland to replace it plus the ten acres of Gum Grove Park,
but raptors in the Park have been shot and killed, so the
Park is not necessarily suitable habitat, joint use by
raptors, dogs, people and kids is not always possible. Mr.
Korthof said in October of 2002 a senior Native American,
Lillian Robles, appealed to the Coastal Commission to save
the coastal resources or at least respect them, the Coastal
Commission responded by placing a number of conditions on the
Coastal Development Permit which they had never done! before
in reaction to an oral presentation, the exact words are only
in the transcripts, but there are three crucial points, that
the Native American cultural and sacred sites are to be
treated with respect, the local tribe would not be excluded
from the decision process, as it had been at other sites, and
that a Native American monitor would be on-site and have the
authority to stop excavation when cultural resources would be
eliminated, there were special conditions adopted and
inserted in the Coastal Permit relating to monitoring of site
preparation, construction, and grading activities. He said
that is what should have happened, there were two phases to
the Permit, a mini-permit was granted to allow the
archaeological investigation, which those in opposition said
was inadequate, which it was, because when grading started
there were massive discovery of funerary and other relics and
when the monitor tried to halt the excavation they had
difficulty convincing Lange Homes to stop, the artif~cts are
valuable to everyone, culturai resources that were destroyed
are irreplaceable, the grading never should have occurred,
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the preliminary investigation was erroneous and insufficient
and.failed to detect the resources, when they were discovered
the developer failed to stop and actually destroyed some of
the resources, there needs to be some reckoning, and it
should be that the area where the graves exist should be
preserved as a small memorial park with the graves left in
tact. Mr. Jim Caviola, Seal Beach, expressed appreciation
for the Redevelopment Agency meeting and report, and said in
looking at the numbers it is clear that. it would be
beneficial to get rid of the Redevelopment Agency, he wants
his taxes to go to the General Fund, not to interest or bond
brokers in New York, as was said, the debt of the Agency with
interest is $14 million, $5 million is interest, therefore
the sooner the $8.8 million in principal is paid the sooner
the $5 million is saved, to him it is unbelievable that the
property tax money of the residents would be used to pay bond
brokers, the report also shows that if the Agency were out of
debt, disbanded, the net would be $4 million to the City's
General Fund to be used as wished, that too is why he is
opposed to parking meters. There is $3.2 million for the
pump station, the Zoeter property will be sold as the City
provided an option in 1996, there is already a $1.2 million
loan taken against that option, the former Shell station
property recently sold for $2.6 million, Zoeter is at least
double that, when an appraisal is done, payoff the debt and
there would be $4 million left, with the $3.2 pump million
station money that is $7.2 million, there would then be a
shortfall of $600,000 to disband the Agency, lawyers are not
needed, the bonds are contracts, just read them, as to a
prepayment penalty he said people like to be prepaid because
then can then put their money into other things. With
regard to the pump station, the people voted for Prop 40,
$2.6 billion to spend on the Clean Water Act, the City should
be trying to obtain a grant through the Clean Water Act for
the water pump, the people voted to agree to pay those .taxes.
The Redevelopment Agency however is a complete misuse, the
federal court cases can be seen, to allow $5 million to be
spent on interest is not acceptable, and is a detriment to
the schools and everything else. Mr. Caviola offered his
services to sit on a committee relating to the Redevelopment
Agency. Ms. Joyce Parque, 6th Street, stated she was please
to hear that one member of the Council does not want City
money in the Redevelopment Agency, so why doesn't the Agency
repay the City and with the $200,000 that Ruby's is going to
pay because a private party in the community made them match
their bid, then the parking meters would not be needed this
year, they could be postponed. Property values in Seal Beach
are $2.3 billion, Seal Beach taxpayers pay a basic levy of
$23 million, the City receives approximately $.15 on the
dollar, $3,450,000 in sales tax this year, the residents pay
more in utility tax, Orange County gets $.06 on the dollar,
the Los Alamitos schools receive the remainder, it does not
go to the State, the Redevelopment Agency gets ninety-nine
percent of all tax increment. If one bought a house in
Bridgeport in the 1970's it probably cost $30,000 and for the
past thirty years every increase has been going to the
Redevelopment Agency, where did that money go, it is said it
went for the Police Station, Marina Park, Trailer Park, etc.
By her figures the School District would have received more
money from the $1.1 million that went to the Redevelopment
Agency this year and $173,000 would have come to the General
Fund, the County too would have received a portion, if money
is needed for low income housing one can go to the County to
get Section 8 for this community, that is why the people pay
this money, that money goes to the landlord if they want to
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accept it, while those discussions were going on Old Town was
called blighted. Ms. parque noted a prior comment relating
to traffic, stated that Pacific Coast Highway has forty
thousand cars a day, half going eac,h direction, Lampspn to
Seal Beach Boulevard has seventeen thousand five hundred
some, this information is from the City and calTrans,; she
wants to install cameras on PCH, Westminster and on Lampson
to catch the speeders, that could result in considerable
revenue, that would be better than paying two policemen. Two
residents also suggested that the City write a lette~
requesting money from the Harbor Commission for the vessels
on anchor in the ocean waters, they pay the City of ~ong
Beach for the boats that stack up, which is increasidg. Ms.
Parque said she would like information about the library that
Leisure World bought, that the tax payers were paying for,
she also reported that Leisure World not only has a golf
course, swimming pool, a clubhouse, clinics, they also have
an open air theater, churches, and now the library, the
theater has concerts during the summer months, it is believed
they do not invite other residents, only their visitors,
also, stated that it is the Manager that runs the City, not
the Council, it is important however that the Council be
informed, to that she claimed that the Manager has an agenda
to ruin Main Street. Ms. Seretta Fielding, Seal Beach
Boulevard, mentioned her concern with parking meters ion Main
Street, meters would be installed and then there wouId need
to be someone to monitor the meters, pay someone to write
tickets, why would there be meters if someone will neied to
monitor them, just write the tickets. Mr. Paul Jeffers,
Trailer park, said he heard an exchange of words between the
Council and a member of the audience that the residerits of
the Trailer Park will own the Park when the bonds ar~ paid
and that they will control the Board just as it is with condo
units, the question was then if that was in writing, 'the
response was that it is in writing, a lot of the problems in
the Trailer Park would cease if such things could just be
produced. Mr. Joe Anthony, Seal Beach, recalled that when
the pier went out the people of Seal Beach got together and
put it back, there is a tree committee that makes the City
beautiful, when the library was being closed for certain days
the people again raised money so that the library would be
fully operational, when the pool needed to be refurbished
they did the same thing, every time something needs to be
done the people come through. Seal Beach is a friendly City,
the people show it, not having parking meters is one means of
having it be that way, there are three members of the Council
that are destroying that friendliness by the move to,put in
meters, he has heard nothing from anyone to see where there
could be revenue generated from some place other than meters,
it needs to be known what is going to be realized, why not
get the revenue elsewhere, maybe salaries need to be,reduced
or whatever, it needs to be done, and one question to those
who voted for meters, is it believed they are doing the right
thing for Seal Beach. Mr. Darin Mullin, Seal Beach, with
regard to meters said he did not believe the issue i~ going
to go away at any time in the near future, important to him
in his life and career is creating a legacy, he devotes time
and effort as to what that is going to be, the legacy of
Mayor Larson is that he was the Mayor who put meters on Main
Street, that may not be the legacy that he would like to
leave. Through his business he has contact with many people
and throughout the County there are comments that they can
not believe that meters are going to be installed in Seal
Beach, questioning what is being done to this town. :The
prior speaker asked what has been done to look at alternate
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sources, during the presentation there was mention that there
is a premium on parking spaces in this City, that seems to be
true with the exception of the beach parking, his question
would be what study has been done to look at the revenue
impact to try to drive parking to the existing metered
parking, the impact should seventy percent of those lots were
filled and with the enforcement of the current parking
regulations. Mr. Mullin said he has heard frequently that
meters are somewhat of an easy way out, it also creates a
revenue stream that can be easily impacted and raised, the
tax and the fines can be increase, even increased the premium
on the parking around Main Street, that creates a lack of
credibility and trust because of not looking for a
progressive way to find revenue in the City, there have been
comments at this meeting as to ways of bringing significant
revenue into the City, he would implore the Council to take
the time to do due diligence to look at those, he believes
that the Community would be at the service of the Council to
find ways, he would ask those watching to step forward, put
efforts together to do something positive for the City, that
is to maintain the character of the City and increase the
revenues. Mr. Roger West, Electric Avenue, mentioned that
the speakers talk about not wanting to pay for parking meters
but not one person has come up with an alternative revenue
source other than conjecture and speculation, they ask why
does the Council not find other sources of revenue, they do
not provide suggestions themselves, the residents are already
paying for the parking spaces through property tax, if meters
are installed the people who visit the town will help pay for
that, which they should, and for most of the people who
complain about having to put quarters into parking meters in
Old Town they would be much healthier if they walked to Town
instead of driving. Ms. Rebecca Marciniac noted that there
were others present earlier in the evening however needed to
leave because of having small children when the start of this
meeting was late. Ms. Marciniac, 8th Street, asked what the
next steps will be, how much money is needed, the shortfall,
what is the deadline to develop some ideas, stated that
although the three members of the Council that voted in favor
of meters may be open, it appears to her that the Mayor was
likely the swing vote. She mentioned that she has been in
business for a number of years, raised a great deal of money
through fund raising, moved from the East coast to attend law
school, is learning a number of adversarial ways to stop
parking meters from going in, her question is what can she do
to help find other ways, she will do the research and gather
people to help. Council offered to comment during the
Council Comment period. There being no further comments,
Mayor Larson declared Public Comments to be closed.
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It was the consensus of the Council to declare a recess at
8:30 p.m. The Council reconvened at 8:40 p.m. with Mayor
Larson calling the meeting to order.
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COUNCIL ITEMS
Councilman Antos noted that at the last Planning Commission
meeting there was an issue of clarification of ambiguity that
the Planning Commission chose not to pursue, his belief is
that there is a potential problem, and requested that the
Council direct the Planning Commission to hold a public
hearing to prepare an amendment to the zoning ordinance to
treat any proposal for more than three parking spaces per
dwelling unit under the same administrative procedure that
the City uses for covered roof access structures, that would
be to place it on the agenda as a Consent Calendar item,
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there would be a staff report, and if there is need then
conditions can be placed on an approval, in his conversations
with the City Attorney and City Manager they agree that this
would be the appropriate method to use for this issue. Antos
moved, second by Yost, to approve the request.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
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CONSENT CALENDAR - ITEMS "D-2" thru "W"
Councilman Antos requested Item "V" removed for the purpose
of a question. Doane moved, second by Yost, to apprqve the
recommended action for items on the Consent Calendar as
presented, except for Items "N, R, S, T, and V", removed for
separate consideration.
E.
F.
D-2. 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.
Approved regular demands numbered 39035
through 39195 in the amount of $886,l30.86i
payroll demands numbered 17510 through
17693 in the amount of $190.005.23, and
authorized warrants to be drawn on the
Treasury for same.
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G.
Received and filed the Monthly Investment
Report for August, 2002.
Adopted Resolution Number 505a"'tntitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, AUTHORIZING A
BUDGET AMENDMENT, NO. 03-02, FOR REBUDGETING
PRIOR YEAR EXPENDITURE PAID IN CURRENT YEAR."
By unanimous consent, full reading of
Resolution Number 5058 was waived.
H. Awarded an on-call Professional Services Agreement
to retain RBF Consulting to perform
design and engineering services for the
Corporation Yard NPDES/Water Quality Facilities,
Project Number 50057, and authorized the City
Manager to execute same on behalf of the City.
I. Ratified the West Orange County Water Board
budget for fiscal year 2002/2003.
J.
K.
Authorized staff to initiate a Request For
Proposal process for citywide landscape services.
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Adopted Resolution Number 5059 entitled "A
RESOLUTIN OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH DECLARING WORK TO BE COMPLETED AS
TO PLANS AND SPECIFICATIONS FOR PROJECT #50010
& 50013, LAMPSON AVENUE PAVEMENT REHABILITATION
(SEAL BEACH BOULEVARD TO EAST CITY LIMITS)
ENTERED INTO BETWEEN ALL AMERICAN ASPHALT AND
THE CITY OF SEAL BEACH." By unanimous consent,
full reading of Resolution Number 5059 was waived.
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L. Awarded a unit price/maintenance/emergency
services contract to JIMNI Systems, Inc. for
sewer lift station maintenance, and authorized
the City Manager to execute same on behalf of
the City.
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M.
Adopted Resolution Number 5060 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, AUTHORIZING A
BUDGET AMENDMENT, NO. 03-04, FOR INTERIM
PUBLIC WORKS RESOURCES," (two person
supplemental Public Works crew for
approximately three days a week). By
unanimous consent, full reading of Resolution
Number 5060 was waived.
O. Adopted Resolution Number 5066 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, AUTHORIZING A
BUDGET AMENDMENT, NO. 03-07, FOR NATIONAL
POLLUTION DISCHARGE ELIMINATION SYSTEM
CO-PERMITTEE PERMIT." By unanimous consent,
full reading of Resolution Number 5066 was
waived.
P.
Adopted Resolution Number 5067 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, AUTHORIZING A
BUDGET AMENDMENT, NO. 03-06, FOR SEAL BEACH
BLVD. MEDIAN/LANDSCAPING ENVIRONMENTAL
ENHANCEMENT AND MITIGATION PROGRAM PROJECT
OVERPAYMENT" (Project Number EEM-0098(143),
State Agreement No. 12-98-44, EA 12-931093).
By unanimous consent, full reading of
Resolution Number 5067 was waived.
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Q. Adopted a Council Policy regarding the use
and responsibility of costs for Department
of Public Works labor and resources for
special events.
U. Approved backfilling the vacancy that exists
for the California State COPS patrol position,
utilizing existing monies that were granted to
the City through the Supplemental Law
Enforcement Services Fund, COPS grant.
(Officer to backfill for overtime pay).
W. Authorized the Mayor to sign the certification
of the submittal of the Sewer System
Management plan Schedule to the Regional Water
Quality Control Board.
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AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "N" - RESOLUTION NUMBER 5061 - BUDGET AMENDMENT _
HOLIDAY DECORATIONS
In response to Council, the Director of Public Works
displayed five different holiday decorative lights to be
placed on the seventeen light poles on Main Street, one will
be chosen, this will free up Public Works resources and
reduce electrical costs of the business owners, as well as
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eliminate potential hazards as a result of e~isting wiring.
Yost moved, second by Doane, to adopt Resolution Number 5061
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CIT:Y OF
SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO.
03-05, FOR MAIN STREET HOLIDAY DECORATIONS." By unanimous
consent, full reading of Resolution Number 5061 was waived.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
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ITEM "R" - ORDINANCE NUMBER 1491 - SPECIAL EVENT PERMITS
Councilmember Campbell noted that the proposal is to reduce
the special event processing time from sixty days to thirty
days, her preference would be to reduce the processing time
to zero and allow staff the discretion to decide what they
can and can not do. In response to those who call her
inquiring about renting Heather Park she advises them to
contact City Hall at the earliest time possible to assure
that the facility is available, and if they do not r~serve it
there is the possibility that someone else has a permit for
its use. Councilmember Campbell mentioned that there have
been some recent potential events that were not allowed due
to the time frame, a request of a long time Seal Beach family
to use Eisenhower Park for a wedding two weeks away was
turned down, they then had to go to another city, another
request was to have a sunset reception at Rivers End, again
there was a problem. To her it would seem that one of the
charms of a small town is that there is not the bureaucracy
and coldness of a large city with the attitude that these are
the rules and there are no exceptions. Councilman Doane
offered that the processing time is there for a purpose. The
response of Councilmember Campbell was that the direction of
Council had been to reduce the time from sixty to thirty
days, if something is not requested within that thirty days
it is denied. The Associate Planner mentioned that during a
prior discussion of this matter it was pointed out that the
length of time to process a request is because of the
noticing requirement to affected property owners and'
occupants, it takes time for those to be processed, sent,
give those persons an opportunity to comment on the event,
subsequent to that there has been an appeal procedure that
requires some amount of time to work its way through the
system, and acknowledged that the desire of the Council had
been to reduce the sixty days, what is recommended is thirty
days which he felt was the minimum if the Council wants to
retain the appeal procedure. Councilmember Campbell
questioned if all of the neighboring properties need to be
notified for every single event, what if there is nO'music,
no alcohol, and less than twenty-five people. The Planner
indicated that if the Council were to do that the Policy
Statement could be amended to further define what is and is
not a special event, yet leave the ordinance as is. The City
Manager offered that possibly the rental aspect is being
mixed with the permitting issue, through the Recreation
Department one can rent the park but also obtain a special
event permit, that may be confused, in turn if the park is
rented the special event can not occur. Councilmember
Campbell inquired as to why the wedding was denied, there was
no music, the response of the Manager was that he believed it
was a sixty day time period at that point. Councilmember
Campbell offered that the policies are wrong, it needs to be
revised, a resident wants to use Eisenhower park, it is not
being used yet they can not have a permit, residents, should
be able to use City facilities even if it is on the spur of
the moment, if something requires noticing what is the time
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frame. The response of the Planner was that when the
application is received they try to get notices out within
two to three days, the way the ordinance is now drafted staff
would be making a decision ten days after the date of the
notice, and then there is no time for an appeal, the process
probably takes less than thirty days, that covers all of the
things that are defined in the Policy Statement. Again,
Councilmember Campbell stated that this should be amended to
where there is less than twenty-five people, no music, no
alcohol, no special event permit required, there should be no
time limit. Councilman Doane mentioned that it still uses
City property, they need to see if someone else is using the
property. Councilmember Campbell noted that with the
proposed policy of thirty days such requests would be denied
if the time frame is less, a childs birthday party in a park
is another example. The Manager suggested that the ordinance
could be adopted and then the Policy Statement that sets the
threshold could be changed. To the inquiry of Councilman
Yost as to the status of a requested street closure, the City
Manager advised that those types of requests are reviewed
closely, in the case of the referenced request it was denied
as it affected bus routes, etc., another example would be a
request such as the Car Show that will be brought to Council
as it has a CalTrans impact.
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Yost moved, second by Doane, to approve the introduction and
first reading of Ordinance Number 149l entitled "AN ORDINANCE
OF THE CITY OF SEAL BEACH REGARDING SPECIAL EVENTS AND
AMENDING CHAPTER 19E OF THE CODE OF THE CITY OF SEAL BEACH."
By unanimous consent, full reading of Ordinance Number l491
was waived.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
Councilmember Campbell moved to amend the Policy Statement to
allow staff discretion for events of twenty-five people or
less, no music, no alcohol, and that they not be bound by the
thirty day time requirement. Councilman Doane seconded the
motion.
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Councilman Antos said for the purpose of direction to staff
what he felt should be done is to indicate the types of
things that are normally recreational rental requests, rental
of a facility for a birthday party as an example and without
alcohol or music, that the Policy Statement equate that with
the normal rental situations. Councilmember Campbell
countered that that is different from a park, you need to
obtain a key for the buildings, anyone can walk into a park,
if someone wants to hold a park facility for a party it is
believed they pay a fee to hold the facility. Question was
posed as to the policy if someone merely frequents a park for
a small celebration and only utilizes a small area, does that
require a permit.
Councilman Yost inquired if the Council would be agreeable to
forwarding this to the Recreation and Parks Commission for
consideration since they deal with parks and park use, there
was an indicated support by the Council of the suggestion, to
that Councilman Yost moved his suggestion as a motion and
belief was that Councilman Doane seconded that motion.
Councilmember Campbell restated her feeling that there needs
to be a bit more discretion used with some of the requests.
In response to a question from Council, the Manager said this
would not be an item that would qualify as an urgency under
9-23-02
the Brown Act to place on the Wednesday Commission meeting.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
No vote was taken at this time to amend the policy statement.
ITEM "S" - ORDINANCE NUMBER 1489 - PARKING METERS
Councilman Yost requested that the Council give further
consideration to this item, this is a destructive and
historic decision, noting that the budget is balanced for
this fiscal year, there are other revenue sources coming
online, Rossmoor and Bixby Centers. Councilmen Yost 'and
Antos noted they would be voting against this item.
Campbell moved, s'econd by Doane, to approve second re'ading
and adoption of ordinance Number 1489 entitled "AN ORDINANCE
OF THE CITY OF SEAL BEACH REGARDING PARKING METERS AND
AMENDING CHAPTER 13 OF THE CODE OF THE CITY OF SEAL BEACH."
By unanimous consent, full reading of Ordi.nance Number l489
was waived.
I
AYES:
NOES:
Campbell, Doane, Larson
Antos, Yost
Motion carried
ITEM "T" - COUNCIL MINUTES
Councilmember Campbell noted an error in the June 24th
minutes in that she had voted against the adoption of the
budget as framed. The City Clerk noted the correcti6n.
Campbell moved, second by Doane, to approve the minutes of
the June 24th regular adjourned meeting as presented" the
June 24th regular meeting as corrected, the July 8th regular
meeting, and the July 22nd regular adjourned and regular
meetings as presented.
I
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
ITEM "V" - ENVIRONMENTAL SITE INVESTIGATION - THIRD PARTY -
HELLMAN RANCH / RESOLUTION NUMBER 5062 - BUDGET AMENDMENT
Councilman Antos noted that this item relates to the
potential acquisition of the one hundred acre property by the
City, to that he said assuming that that property is
transferred to the City and assuming that it is restored, who
then is going to pay for the long term maintenance and
operation of the site, and if it is the City, by mea~s of
what funds. The City Manager explained that if the City were
to take title to the property it would be responsible for the
long term maintenance of the wetlands, in the short term
planning, development and construction there would need to be
research of grants to do that, for the ongoing maintenance
the cost of that is not now known but the City would be
responsible, there may be grant funds, it needs to be
understood that until the design and planning is done it will
not be known what the maintenance requirements will be, it
may be small or something more substantial. Council~an Yost
said it is hoped that some of the maintenance will be paid
for by one of the conservancies that will hopefully help with
the restoration whether it be the Coastal Conservancy or the
Rivers and Mountains Conservancy, on which he sits, if the
City takes title it will then have some control over.the
wetlands, that is because the wildlife Conservation Board
withdrew from wanting to take title, the City is trying to
find any way to get the wetlands restored, this would be the
easiest way seen at this time to do that. The Manager noted
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9-23-02
I
that another option is to form an organization such as the
Friends of the Hellman wetlands to do fund raising, etc., the
problem in answering the question is that at this point the
costs are not known, it is dependent upon the planning,
design and construction. He also confirmed the correctness
of the statement of Mayor Larson that there has been no
decision as to whether the City would accept title to the
property, he would not want to hold out any false hope with
the third party review, it is the due diligence, Council
would still need to make the decision as to whether it wants
to accept the title after the review is done and further
analysis by the City Attorney. Councilman Antos said prior
to the time that the City has a deed offer to assume the
property, even if there are grants for the restoration, he
would like to have some real costs as far as the long term
maintenance before he would vote to accept the property,
there is presently a budget problem and if the City accepts a
property such as this long term then there is a long term
commitment to it. The Manager offered that he will be
attending a meeting this Thursday where there will be
discussion of wetlands, he also has some contacts in San
Diego County, Carlsbad and Del Mar, where they have done some
restoration, from that he may be able to determine a
guesstimated figure.
I
Yost moved, second by Campbell, to approve the letter
proposal by Tait Environmental Management, Inc. for a third
party review of environmental site investigation reports for
Hellman Ranch, authorize the City Manager to execute the
appropriate contract, and adopt Resolution Number 5062
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH AUTHORIZING BUDGET AMENDMENT NO. 02-03, ALLOCATING
FUNDS FOR THE THIRD PARTY REVIEW OF ENVIRONMENTAL SITE
INVESTIGATION REPORTS, HELLMAN RANCH." By unanimous consent,
full reading of Resolution Number 5062 was waived.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
I
Mr. Doug Korthof, Seal Beach, noted that the cost of the
third party review is relatively small, however when you
start with a small amount the City may get involved in
putting good money after bad, there are other agencies such
as the National Wildlife Refuge and other non-profits that
would be interested in working with the City or taking the
lead in this issue, he would not think that the City wants to
take the lead except in desperation, yet it does want to be
involved to mold and form the decisions in conformity with
the character of the land, but not as the lead agency because
more exploration needs to be done. He said there is a
problem with remediation, and reminded that the Port of Long
Beach offered $26.4 million of Port mitigation funds for the
Hellman restoration of one hundred acres, the talk now about
a purchase price in the range of $3 million and remediation
in the range of $2 million, this can be explored but put no
more money into this. Councilman Yost suggested that if Mr.
Korthof had a particular agency that might be interested have
them contact himself or the City Manager, someone who is a
lead person, executive officer of that agency. Ms. Sue
Corbin, Seal Beach, said she has been involved with this
issue for twelve years and would like to address the item
because since it was pulled anyone can speak, she claimed
that the Council is proceeding with something that is
indebting the City, this will not be funded through fund
raisers, this is premature, the issue is that the builder can
),.
9-23-02
not proceed unless the wetlands are in place, the City does
not have the money, the costs are unknown, this is not the
way to setup a wetlands, these are supposed to be real
wetlands, it has turned into three ponds with no access to
the San Gabriel River, apparently this will remain under the
control of the Hellmans, Seal Beach could not act as the lead
agency for the Trailer Park for thirty years, so she could
not imagine that the City will change and be able to oversee
the important restoration of these wetlands.
I
PUBLIC HEARING / ORDINANCE NUMBER 1488 - ADOPTING BUILDING
CODES
It was.noted that unless it was the desire of the Council no
additional staff report to that of the last meeting would be
presented. Mayor Larson declared the public hearing open to
consider adoption of Building Codes and invited membe'rs of'
the audience wishing to speak to this item to come to the
microphone and identify themselves for the record. Ms. Joyce
parque, 6th Street, stated that there is a property owner in
the 1100 block of Ocean Avenue that is not abiding by the
City Codes, they put in a red brick facing, parking cars
there, to that claimed the Planner will not help the
residents of the area deal with this issue, and questioned if
there are going to be Codes can they be enforced. There
being no other comments, the public hearing was closed.
Councilmember Campbell recalled having brought up a question
at the last meeting relating to wood shake roofs, to ithat the
Development Services Director had provided her with the
specifications, however her concern continues in that when
the shakes are initially installed they meet Code however the
fire retardant dissipates quickly, the concern is that after
ten years there is no longer the retardant protection, people
put on roofs that are brought will last maybe forty years,
yet after about ten years they again become a fire hazard,
her preference would be that shake roofs be outlawed ,in Seal
Beach. The Director explained that the testing requirement
that treated shingles go through require additional testing
once they have been exposed to normal weathering over a
period of time, believed to be seven years, also, it is not
just the shake shingle itself that is part of the Class B
rating it is the underlying material that must be installed
as well, that is an additional protection for the material
that is impregnated into the shingle itself, both are fire
resistant, the general condition that a Class B roof.must
meet is that it has to withstand taking the whole structure
into a fire for an hour and a half, the assumption is that
there will be'a fire department equipment at the site before
an hour and a half. He noted that the City could goito a
Class A rated roof, that could be done, it is rated for a
three hour period of time, that is about double the time and
the cost is about double as well, that additional cost to the
homeowner is part of a balance as to what is reasonable fire
protection as opposed to the reroofing of an existing
structure. Councilmember Campbell noted the statement that
they are rated for seven years yet people have roofs for
twenty to thirty years, so once past the seven years the fire
retardant properties are no longer there. The response was
that that is not correct, the material is still there, it
still provides fire protection, just not to the full hundred
percent of a Class B rated roofing assembly structure.
Councilmember Campbell noted too that because the homes are
so close together, once a roof is on fire it jumps from one
roof to another, most of the residents have reroofed'with a
materials other than shakes, there are two that rero~fed with
,
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9-23-02
I
shakes, when one house goes up there is also a loss of the
houses on either side and to the rear, she has seen that
often. The Director responded that that can be experienced
particularly when there is pre-existing roofing installations
that were non-rated roof assemblies, in that case if the roof
caught fire and spread to another roof and the secondary roof
was not treated that could be expected to happen, if it had
been a treated roof he would be surprised that the roof would
have been lost before fire department personnel were on
premises to extinguish the fire, again, this is a policy
issue for the Council. Councilmember Campbell reported that
some fires were started as a result of fireworks even though
illegal. The Director mentioned that a representative from
the Fire Authority was present to respond to questions if
necessary, again, it is a policy issue, the Council could
direct that they be Class A rated, that change could be made.
Councilman Antos said there have been a number of fires in
the past from bottle rockets, illegal, but when they are shot
off no one knows where they will go, typically they end up on
a roof and the persons who set them off are gone, then the
roof is engulfed, from his point of view since there are
materials that look like wood, and one either needs to be in
the business or touch them to know that they are not wood, he
would see no reason to allow reroofing with wood roofs
anywhere in the City, yes the houses are close together, Old
Town gets the same type of fires but the houses are about ten
feet apart, some places are only six feet, he was not certain
that it would be that much of a burden, if a homeowner wants
the roof to look like wood there are many synthetic
materials, concrete and otherwise that look like wood and
they are not going to burn. Mayor Larson mentioned that he
has been through many hearings like this and the wood shake
people come in and testify that rock burns, wood does not,
etc., the Code as proposed permits wood shakes, yet if they
are outlawed he would almost guarantee that the City will
hear from the wood shake industry they were not noticed that
the City was going to outlaw something that they feel is
appropriate, that is usually in other types of fire zones, in
this case it would be the least susceptible because it is
near the ocean, and agreed that one does not feel comfortable
with a wood shake roof near July 4th. If they are outlawed
there are two possibilities for complaint, one will be when
the homeowner finds out that the roof is going to cost twice
as much money, maybe from $10,000 to $20,000, maybe the
homeowners would not mind, and maybe the wood shake industry
does not care about a small city such as Seal Beach.
Councilmember Campbell asked if just wood shakes could be
outlawed or would there be a need to change the rating for
all roofs. The City Attorney responded that there have been
a number of cases filed where cities were trying to do that
about ten to twelve years ago, the cities lost in those cases
because it is necessary to make special findings to deviate
from the Uniform Building Code based on local conditions, in
those cases the cities were unable to show that their
community was any different than other communities in
California. Councilmember Campbell stated that since most
people in College Park East have reroofed with something
other than wood shakes they have likely spoken with common
sense and their pocketbooks, yet it is known that there are
at least two original shake roofs left, if a fire starts in
the walls it smolders for a time which allows the fire
department to arrive on scene, but a bottle rocket on a shake
roof explodes, a roof can go in less than five minutes, in a
couple of cases the fire department was not yet called and
the second story was engulfed. It is frustrating in that the
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9-23-02
rating of the roofing would need to be changed where the
intent is to just outlaw wood shakes to further protect the
residents. The Director stated that the concern is
understood, again, if the Council wishes to change the Code
amendment to not allow re-roofing to be Class B, that it
would need to be a Class A rated assembly, that can be done,
it would however not prohibit a wood shake shingle assembly
that meets a Class A rating, that is the highest fire
protection rating that any roof would need. Councilmember
Campbell again stated that there lies the problem, it, may be
fire retardant yet after a certain length of time the ability
to withstand a fire goes down rather quickly, after twenty
years it is a fire box. Councilman Yost mentioned the
comments of the City Attorney that if the City were to adopt'
such a regulation under these circumstances the City 'is
likely to be sued, challenged, and likely lose, yet a motion
could be made. Councilmember Campbell said she could not do
that because it is not matter of moving up from rating C to
rating B as that would then negate all of the other types of
roof compositions that would fall under C and those she does
not have a problem with. The Director advised that a Crated
roofing is not allowed anywhere in the City, only A and B
rated roofing. To that Councilmember Campbell stated to move
from a B rating to A that would include all types of B rated
roofing materials, that is what would raise the cost. The
Director explained that any new home that is built now must
have a Class A rated roof, for the reroofing of an existing
home the Code currently allows a Class B rated roof, ,it seems
that the discussion is whether or not to require the :reroof
of an existing residence to also meet the Class A rated
assembly. Councilmember Campbell said she would like to see
the differential of costs involved. The Director offered to
provide Council with an additional report, the issue however
that should be kept in mind is that by State law the ,
Ordinance needs to be adopted by November 1st, if adopted at
this meeting it will take affect October 23rd, also offered
that a supplemental amendment could be done at a later time
based upon additional information related to the cost
component of going from a B rating to an A rated roof
assembly. It was confirmed that by going from a B to an A
rating a property owner could still have a shake roof with an
A rating, to that mention was made that the roof would go
from an hour and a half to three hours of burn time, and the
counter to .that was not when it is a bottle rocket. The
Director said in the bottle rocket cases it is likely those
roofs were not treated to begin with, that wquld be a
different situation to anything that exists in the community
that has been reroofed or built in the last fifteen years,
therefore one can not compare an unrated roof assembly to the
currently rated roof assemblies, the time frame of what
happens to those roofs when they are exposed to a bottle
rocket, sparks from a fire, etc. is going to react much
differently on a treated roof than on an untreated roof
structure. Councilmember Campbell said if someone reroofs
with asphalt shingles and places them over the thinner shakes
what does that do to the fire rating, the response of the
Director was that that type of a roof assembly can no longer
be done, that was outlawed either three or six years ago.
The City Attorney suggested that the second reading of the
ordinance be adopted, and based upon a case some six months
ago the City would have the ability to amend the ordinance at
a later date to specifically address the shake roof toncern
is desired, staff can also be directed to look at the cost
implications and research any current updates of the law.
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9-23-02
I
Given that option, Campbell moved, second by Yost, to adopt
Ordinance Number 1488 entitled "AN ORDINANCE OF THE CITY OF
SEAL BEACH, CALIFORNIA, ADOPTING BY REFERENCE THE 2001
CALIFORNIA BUILDING CODE, INCORPORATING THE UNIFORM BUILDING
CODE VOLUMES 1, 2 AND 3, 1997 EDITION, INCLUDING ALL
APPENDICES THEREOF; THE 2001 CALIFORNIA PLUMBIN CODE,
INCPORATING THE UNIFORM PLUMBING CODE, 2000 EDITION,
INCLUDING ALL PAPPENDICES THERETO; THE 2001 CALIFORNIA
MECHANICAL CODE, INCORPORATING THE UNIFORM MECHANICAL CODE,
2000 EDITION, INCLUDING ALL APPENDICES THERETO; THE 2001
CALIFORNIA FIRE CODE, INCORPORATING THE UNIFORM FIRE CODE,
2000 EDITION, INCLUDING ALL APPENDICES THERETO; THE 2001
CALIFORNIA ELECTRICAL CODE, INCORPORATING THE NATIONAL
ELECTRICAL CODE, 1999 EDITION, INCLUDING ALL APPENDICES
THERETO, AND INCLUDING THE UNIFORM ADMINISTRATIVE CODE
PROVISIONS FOR THE NATIONAL ELECTRICAL OCDE, 1999 EDITION;
THE UNIFORM HOUSING CODE, 1997 EDITION; THE UNIFORM
ADMINISTRATIVE CODE, 1997 EDITION; THE UNIFORM SIGN CODE,
1997 EDITION; THE UNIFORM SOLAR ENERGY CODE, 2000 EDITION;
THE UNIFORM BUILDING SECURITY CODE, 1997 EDITION; THE UNIFORM
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION;
THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 2000
EDITION, AND APPENDIX CHAPTER 1 OF THE CALIFORNIA CODE FOR
BUIDING CONSERVATION, INCORPORATING APPENDIX CHAPTER 1 OF THE
UNIFORM CODE FOR BUILDING CONSERVATION, 1997 EDITION, MAKING
AMENDMENTS THERETO, AND AMENDING PORTIONS OF CHAPTER 5 OF THE
CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full
reading of Ordinance 1488 was waived.
I
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
I
PUBLIC HEARING - ESTABLISHING COMMUNITY FACILITIES DISTRICT
NO. 2002-0l (HERON POINTEl - RESOLUTIONS NUMBERED 5063 /
5064 / 5065 / ORDINANCE NUMBER 1490
Mayor Larson declared the public hearing open to consider
establishment of Community Facilities District Number 2002-01
(Heron Pointe). The City Clerk certified that notice of the
public hearing had been advertised on September 12th and
mailed to the sole landowner on September 5th as required by
law, and reported no communications received relating to this
matter. The Associate Planner presented the staff report,
explained that at the conclusion of the hearing the Community
Facilities District may be established for Heron pointe 2002-
01, other preliminary matters have been acted upon by the
Council in the past under the requirements of the Mello law,
the issues requiring action are establishing the District, a
Resolution to incur bonded indebtedness, an election will be
held involving the sole property owner, John Laing Homes, the
City Clerk will tally the votes and certify that the property
owner did concur with the proposed action, adopt a Resolution
certifying the results of the election, and introduce and
hold first reading of the Ordinance levying the tax. The
Planner noted that considerable background information had
been included in the report, the rate and method of
apportionment, the consultant team is present if there are
technical questions, and emphasized that this bond issue is
not backed by General Fund revenues, it is a special tax that
is placed on the property owners of the new homes to be built
at Heron pointe.
Councilman Yost inquired if there is any scenario under which
the City could be responsible for the improvements being
made, any liability for the financial aspects of the
infrastructure improvements of the area. The Assistant City
9-23-02
Attorney noted that by the adoption of the Resolution
authorizing the incurrence of bonded indebtedness, it.
approves contracts for acquisition of the imp~ovements for
the City by John Laing Homes who has agreed to construct all
of the improvements at a cost that will not exceed the amount
of the bonds, the City has no obligation to acquire those
improvements unless they are completed, therefore the, City
would not be in"a position where it would need to commit
additional funds in the case of cost overrides of the
improvements. With regard to the second question, basically
would the City have to contribute General Fund revenues to
principal and interest payments on the bonds, the answer is
no in that the bonds are a special obligation of the
District, repayable solely from the special taxes under
consideration, yet if the special taxes were to become
insufficient to payoff the bonds, and that should no.t occur
unless there were substantial defaults on the special
property taxes, the City would have the option of paying
those but would not be obligated to do so. Councilman Antos
asked who was going to be the District Engineer, the response
was that the City Engineer would handle approvals and the
City will acquire those facilities when completed, with an
explanation that the City will issue permits, John Laing
Homes will construct all of the public facilities, and in the
end the City will acquire them. Councilman Yost asked if the
specifications for the improvements fall under the Uniform
Building Code, the response of the Planner was that those
types of improvements are through the Engineering Department,
that Department has been working with John Laing Homes on
this project, and confirmed that the Council will have the
right of approval of the improvements.
I
Mayor Larson invited members of the audience wishing .to speak
to this item to come to the microphone and identify ,
themselves for the record. Mr. Doug Korthof, Seal Beach,
stated he will be writing a letter to the City Attorney with
regard to an alleged Brown Act violation at this meeting.
Mr. Korthof claimed that Mello-Roos bonds are often seen as
something for nothing in that the City supposedly has no
obligation, that is not so because if the project fails the
taxpayers will be paying, also there needs to be
authorization from the State Debt Allocation Committee
because it affects the credit rating of the City. The other
issue is why should the City be allowing Laing Homes to build
infrastructure, in the Coastal Development Permit which was
granted for this property, the Hellman mesa, stated that 'the
infrastructure to serve the proposed development exists in
the area, the proposed development is located within an
existing developed area able to accommodate it', that was the
condition of the Coastal Permit so that it does not violate
30250 of the Coastal Act, supposedly it is an in-fill
project, now it is said there is not enough infrastructure so
the request is to approve Mello-Roos bonds to provide the
infrastructure, the issue is if this is such a good project
why involve the City, the point may be that Laing Homes is
running low on cash, the thing with Mello-Roos is that the
homeowners will need to pay double taxes for the next few
years. Mr. Korthof stated that the Coastal Permit was
obtained under the guise of being an infill project and that
infrastructure was there, so why is the City being asked to
approve the bonds, in his opinion they should be denied, ask
for an explanation, and make John Laing Homes provide the
money if this is such a good project. Ms. Sue Corbin, Seal
Beach, agreed with Mr. Korthof, she was hoping there would be
no development of the mesa, it is now seen that the wetlands
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9-23-02
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can not be put together, which was a condition of the
building permit, and now not able to build the infrastructure
without the City indebting itself, this is starting to look
like Bolsa Chic a as she does not believe that there will be
development of the mesa, the Coastal Commission has placed a
stop order on the project, this is another issue where the
City should be exercising oversight and be honest, this is
coming forward at this meeting with no forewarning, cryptic,
there is a rush to get this done, but it affects the bond
rating of the City, is indebting the City, and if John Laing
Homes are such great builders then why do they not have the
money for the infrastructure, and why were untrue statements
made to the Coastal Commission. The City should not be
involved in the purchase of the land, it can not take on the
land, this is an element that must be done for the building
to proceed, so it will not happen. Antos moved, second by
Yost, to declare the public hearing closed.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
Mayor Larson inquired if a majority protest exists against
the establishment of the District, the extent of the
District, or the furnishing of specified types of public
facilities within the District. The City Clerk reported that
no written protests have been received from landowners within
the District, therefore a majority protest does not exist.
I
RESOLUTION NUMBER 5063 - ESTABLISHING COMMUNITY FACILITIES
DISTRICT NO. 2002-1 (HERON POINTEI / APPROPRIATIONS LIMIT /
AUTHORIZE LEVY OF SPECIAL TAX / CALL ELECTION
Campbell moved, second by Doane, to adopt Resolution Number
5063 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH TO ESTABLISH CITY OF SEAL BEACH COMMUNITY
FACILITIES DISTRICT NO. 2002-1 (HERON POINTE), TO ESTABLISH
AN APPROPRIATIONS LIMIT FOR THE DISTRICT, TO AUTHORIZE, WITH
MODIFICATIONS, THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT,
TO CALL A SPECIAL ELECTION WITHIN THE DISTRICT AND TO TAKE
CERTAIN OTHER ACTIONS." By unanimous consent, full reading
of Resolution Number 5063 was waived.
I
Should there be a scenario where the project did not go
forward, Councilman Yost asked if the City would then be
responsible for the bonds, or how do they get paid, would it
be Laing Homes, the contractors. The response of the City
Attorney was no, however he would defer the question to legal
counsel and the consultant, with such a scenario the City
would place a lien on the property, could foreclose and take
over ownership of the property. The Assistant Attorney
stated that would be a correct summary, the special tax would
be secured by a lien against the property within the Heron
pointe development, the bonds are payable solely from the
taxes on those properties so were there to be a default on
the special taxes the only money that would go towards
payment of the bonds would be the special taxes that are
paid, it is the bond holders who take the risk of nonpayment.
The Assistant Attorney confirmed that the special taxes
become part of the regular property tax bill.
AYES:
NOES:
Antos, Campbell, Doane, Larson
Yost Motion carried
RESOLUTION NUMBER 5064 - COMMUNITY FACILITIES DISTRICT NO.
2002-1 (HERON POINTEI - NECESSITY TO INCUR BONDED
INDEBTEDNESS / ORDERING ELECTION
9-23-02
Doane moved, second by Campbell, to adopt Resolution Number
5064 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF THE CITY OF SEAL BEACH COMMUNITY
FACILITIES DISTRICT NO. 2002-1 (HERON POINTE) TO DECLARE THE
NECESSITY TO INCUR A BONDED INDEBTEDNESS WITHIN THAT DISTRICT
AND TO ORDER SUBMITTED TO THE QUALIFIED ELECTORS OF THE
DISTRICT PROPOSITION RELATING TO THE DISTRICT." By unanimous
consent, full reading of Resolution Number 5064 was waived.
I
AYES:
NOES:
Antos, Campbell, Doane, Larson
Yost Motion carried
Mayor Larson stated that pursuant to Resolution Number 5064,
the special tax and bond election for Community Facilities
District No. 2002-01 (Heron Pointe) is now open and the Clerk
may conduct the election. Mayor Larson also asked if the
Clerk had received the ballot from the landowner in the
District. The response of the Clerk was that the ballot had
been received, and finding that all ballots in the election
had been submitted therefore declared the election closed.
Mayor Larson requested that the Clerk and the Canvassing
Board, proceed to canvass the ballots. The City Clerk and
Canvassing Board, Ms. Arends-King and Mr. Vukojevic, verified
the information on the Identification Envelope for the return
of the ballot, separated the Ballot Envelopes from the
Identification Envelope, opened and, counted the ballot. The
City Clerk stated that the Canvassing Board for the City of
Seal Beach Community Facilities District No. 2002-01 (Heron
Pointe) special election held on September 23, 2002 completed
its canvass of the ballots. The result of the canvass was as I
follows:
Proposition 'A' - Shall the City of Seal Beach,
on behalf of City of Seal Beach Community
Facilities District No. 2002-01 (Heron Pointe)
(the "District"), subject to the accountability
measures provided for in Resolution Nos. 5063
and 5064 of the City Council of the City of
Seal Beach, incur an indebtedness and issue a
series of bonds in the maximum annual principal
amount of $5,000,000,000 with interest at a rate
or rates not to exceed the maximum interest rate
permitted by law, to finance the facilities and
incidental expenses described in Resolution Nos.
5063 and 5064 of the City Council of the City of
Seal Beach, and shall a special tax with a rate
and method of apportionment as provided in
Resolution Nos. 5063 and 5064 of the City Council
of the City of Seal Beach be levied annually on
lands within the District to pay for the facilities,
incidental expenses and other purposes described in
Resolution Nos. 5063 and 5064, including the payment
of principal and interest on bonds issued to finance
the facilities, incidental expenses, and the cost of I
the City in administering the District?
19 votes were cast in support of the proposition
and 0 votes were cast in opposition to the proposition,
therefore Proposition A was approved
with 100% vote in favor.
proposition 'B' - Shall City of Seal Beach Community
Facilities District No. 2002-01 (Heron Pointe) (the
"District") establish an Article XIIIB appropriations
9-23-02
limit for the District as an amount equal to all the
proceeds of the Special Tax collected annually within
the District and as defined by Article XIIIB of the
California Constitution, as adjusted for changes in
the cost of living and changes in poplulation?
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19 votes were cast in support of the proposition
and 0 votes were cast in opposition to the proposition,
therefore Proposition B was approved '
with 100% vote in favor.
RESOLUTION NUMBER 5065 - COMMUNITY FACILITIES DISTRICT NO.
2002-0l (HERON POINTEI - CERTIFYING RESULTS OF ELECTIONS
Campbell moved, second by Doane, to adopt Resolution Number
5065 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF SEAL BEACH COMMUNITY FACILITIES
DISTRICT NO. 2002-01 (HERON POINTE) TO CERTIFY THE RESULTS OF
THE SEPTEMBER 23, 2002 SPECIAL TAX AND BOND ELECTIONS."
By unanimous consent, full reading of Resolution Number 5065
was waived. Councilman Yost explained that he would vote in
favor or certifying the election however did not wish to vote
on the following Ordinance.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
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ORDINANCE NUMBER 1490 - COMMUNITY FACILITIES DISTRICT NO.
2002-01 (HERON POINTE\ - AUTHORIZING LEVY OF SPECIAL TAX
Campbell moved, second by Doane, to approve the introduction
and first reading of Ordinance Number 1490 entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-01
(HERON POINTE) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
THAT DISTRICT." By unanimous consent, full reading of
Ordinance Number l490 was waived.
AYES:
NOES:
Antos, Campbell, Doane, Larson
Yost Motion carried
CITY ATTORNEY REPORT
With regard to a statement made by a member of the audience,
the City Attorney explained again that the Brown Act only
requires that people in the audience have an opportunity to
speak to every item on the agenda either before the item is
considered or during consideration of the matter, the City
has fully complied with the Brown Act by providing an
opportunity under public comments to speak on all items on
the Consent Calendar whether they have been pulled or left on
the Consent Calendar.
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With regard to Assembly Bill 1866, the City Attorney noted
that at the last meeting the Council had authorized staff to
draft a letter in opposition to this bill which will make
second units in single family homes a ministerial matter
instead of a discretionary matter. Under current Code if a
person wants to develop what used to be called a granny flat,
in which anyone can live, they need to come to the City to
seek Planning Commission approval, in the case of AB 1866 it
takes away all of the discretionary power of the City, if the
owner of a single family home approaches the City to put in a
second unit it would only need over the counter approval.
The City Attorney mentioned that the League of California
Cities and numerous cities and agencies have opposed this
9-23-02
bill however it presently sits on the desk of the Governor
for signature, he can either veto AB 1866 or allow it to
become law, as of Friday the Governor had signed a number of
housing bills but not AB 1866 as yet, he mayor may not sign
it, the deadline for signing is September 30th.
CITY MANAGER REPORT
No report was presented.
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COUNCIL COMMENTS
Councilmember Campbell mentioned that the Concert In The Park
was held at Heather Park on Sunday, a good band, and all
present had a great time.' Councilman Yost stated he is in
favor of disbanding the Redevelopment Agency if at all
possible. He noted that people are saying that money is
being taken from the City and put into the Redevelopment
Agency, the rebuilding of the West End Pump Station, in an
environmentally friendly way that also protects the northerly
portion of Seal Beach, is however $2.3 million of Agency
money, that money would otherwise come from General Fund but
if left in the Redevelopment Agency it is paid for by the
Agency, therefore his feeling is that certain statements made
were not completely accurate, he understands the issues, he
too does not like what happened in Huntington Beach,
redevelopment agencies can be destructive, therefore if the
Seal Beach Redevelopment Agency can be disbanded he would
support that, however some of the arguments should be
tempered to the good things ,that the Agency has done in Seal
Beach such as the library, Police Station, greenbelt,
rebuilding of the pump station, etc. Councilman Yost
mentioned that comments have been made that the wetland
restoration is tied to the building of the homes, that is not
his understanding, while attending the Oceanside Coastal
Commission meeting he was unable to tie the restoration of
the wetlands to the building of the homes, that was his plea
to the Commission however they did not go for that, the most
he could get was a twenty-five year deed restriction for that
land to be sold to another entity and then go forward with
restoration, if the land is not purchased by an entity then
it reverts back to Hellman to do with it whatever they
choose, the money is available, the land has been appraised,
the appraisal was accepted, yet the Wildlife Conservation
Board passed on ownership of the property, at this point he
is attempting to find any entity that will take over the
title and find a way to get the wetlands restored, that was
the reason for this issue being on the agenda. with regard
to parking meters, Councilman Yost said he was sorry that
some members of the Council did not change their mind with
the second reading of the Ordinance, if people are unhappy
with the decision they should let their Council
representative know, there is still time before meters are in
place to change the decision or take them out, this issue
should not be allowed to rest, it is a destructive decision
and can be reversed. Councilman Antos also expressed his
disappointment that a member of the Council did not change
their vote. He requested a report relating to the in-lieu
monies that were collected, how it was spent, and is the in-
lieu still being collected. Mayor Larson mentioned that the
method of voting is going to change, noted that he attended a
demonstration in Leisure World of three pieces of equipment
that were selected for consideration, these are a screen
touch method, and within five minutes of the closing of the
polls the results will be known.
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9-23-02 / 10-14-02
CLOSED SESSION
No Closed Session was held.
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ADJOURNMENT
It was the consensus of the Council to adjourn the meeting
until October 14th at 5:30 p.m. for a Code revision workshop
and Closed Session if necessary. By unanimous consent, the
meeting was adjourned at 10:00 p.m.
clerk
Approved:
-1~~
~,,~:?a( 1
Ci ty Clerk ~o
Attest:
Seal Beach, California
October 14, 2002
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The City Council of the City of Seal Beach met in regular
adjourned session at 5:30 p.m. with Mayor Larson calling the
meeting to order.
ROLL CALL
Present:
Mayor Larson
Councilmembers Antos, Campbell, Yost
Absent:
Councilmember Doane
Councilman Doane was present in the Conference Room awaiting
the Council workshop.
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Also present: Mr. Bahorski, City Manager
Mr. Barrow, City Attorney
Mr. Whittenberg, Director of Development
Services
Mr. Danes, Director of Public Works/City
. Engineer
Ms. Arends-King, Director of Administrative
Services
Ms. Yeo, City Clerk
By unanimous consent, at 5:31 p.m. the Council adjourned to
the Conference Room to hold a workshop session relating to
Municipal Code revisions.
COUNCIL WORKSHOP
The City Manager announced that the revisions for review at
this session are proposed Title 5 relating to Business
Licenses and Regulations, a side-by-side comparison of the
existing and proposed regulations, a proposed Title 5A