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HomeMy WebLinkAboutCC Min 2002-11-12 10-28-02 / 11-12-02 world, Mayor Larson mentioned that the traffic exiting Leisure World'is backed up due to a new signal system, he has received explanations from the City Engineer several times, and he has been assured that the problem will be resolved. CLOSED SESSION No Closed Session was held. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Tuesday, November 12th, 2002 at 6:30 p.m. to meet in Closed Session if necessary. By unanimous consent, the meeting was adjourned at 9:16 p.m. t Clerk and the City of, clerk . Approved: ~ Attest: I Seal Beach, California November 12, 2002 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 Ms. Yeo, City Clerk There were no public comments to the items identified on the agenda. I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the agenda pursuant to Government Code Sections 54957.6, 54956.8, 54956.9 (a) and (b), to confer with the City's labor negotiator, the real property negotiator, with legal counsel relating to one case of anticipated litigation, and existing litigation in case BC277499, Peddicord versus Linc Housing. The Council adjourned to Closed Session at 6:31 p.m. and reconvened at 7:06 p.m. with Mayor Larson calling the meeting 11-12-02 to order. The City Attorney reported that the Council had discussed the items set forth on the agenda, gave direction with regard to Items "A" and "C", the conferences with the labor negotiator and with legal counsel relating to anticipated litigation, no other reportable action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:07 p.m. Approved: - lc bI-.V ~~Ol.-< - Mayor Attest: I Seal Beach, California November 12, 2002 The City Council of the City of Seal Beach met in regular session at 7:07 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. Dancs, Director of Public Works/City Engineer Captain Schaefer, Police Department Ms. Arends-King, Director of Administrative Services Mr. Cummins, Associate Planner Mr. Vukojevic, Deputy City Engineer Ms. Yeo, City Clerk I APPROVAL OF AGENDA Councilman Yost requested that Item "U" be removed from the Consent Calendar for separate consideration, Councilmember Campbell requested Items "I, N, P, Q, and S" removed, and Councilman Antos requested Items "I, 0, and U" removed. Doane moved, second by Yost, to approve the order of the agenda as revised. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried 11-12-02 ANNOUNCEMENTS Councilmember Campbell announced the upcoming Holiday at Heather Park event on Saturday, December 7th. She also mentioned having received a number of telephone calls relating to the traffic signals at Candleberry and Rose at Lampson, to that she explained that some irrigation work was done, the areas were patched, the signal loops were then imbedded in the roadway, Rose/Lampson is now working however some problems remain with Candleberry/Lampson, driver patience is needed just a bit longer. Councilman Antos mentioned the recent flu clinic at the Mary Wilson Library Senior Center, and commended the efficient manner in which it was run. I PRESENTATIONS PROCLAMATION Mayor Larson proclaimed the remaining holiday months of 2002 and all of 2003 as "Buckle Up For Life Challenge" and pledged to encourage the citizens to buckle up seat belts and child safety seats each and every time they travel in a motor vehicle. PUBLIC COMMENTS Mayor Larson declared the Public Comment period to be open. Ms. Joyce Parque, 6th Street, said she wished to speak regarding the Redevelopment Agency again, noted that at the last meeting there was a vote to disband ,the Agency, three voted no, two voted yes, there is no Redevelopment Agency in the districts of those three people, College Park East, College Park West, or Leisure World. Ms. parque suggested that the residents of those areas should be alarmed as 1119 Ocean was not located in an Agency Project Area either, the only Agency areas in Old Town Seal Beach is the greenbelt and Surfside, 1119 Ocean was located outside the Riverfront Project Area, the Agency/City Council had to make certain findings and adopt a resolution that made a determination as to how the housing project would benefit the Project Area, it was the opinion of staff that renovation of the property would constitute a benefit to the Riverfront project Area, and stated if that could be done outside the Project Area, where some of the most expensive property is located, and was livable, it could be done in other neighborhoods as well, that because as long as the Riverfront Project Area exists twenty percent of all tax increment must be spent for low to moderate income housing. She offered that from 1993 to 1997 there were deferred payments into the low to moderate income housing fund because there were not enough taxes coming to the Riverfront project, that is when property values went backwards, so to get the $668,000 that the Agency had to pay a penalty on and the money to sell the, Trailer Park, the City/Agency floated bonds of $9,205,000, of that amount the Agency/City had to payoff bonds of $5,335,000, alleged this to be a pyramid scheme, after escrow closed, for which it is said there were $900,000 and some in fees, there was $2,970,000, therefore after the pump station goes in she inquired as to how the twenty percent setaside is going to be dealt with in that it is mandated and is for families. Ms. parque stated that in 1981 the Trailer Park had one hundred twenty low income lots, the people paid their own rent, the firm of the City Attorney prepared the covenants, how did they become unenforceable, after the Park sale in 2000 the taxpayers now pay to subsidize one hundred lots with rental assistance, twenty lots were lost, that is $340,000 for three years, for the next twelve years the property taxes will be I I 11-12-02 paying $965,000, and asked that someone explain to the taxpayers why the covenants were not enforceable. Ms. Parque also made reference to a news article relating to legal fees, and said she is coming to meetings because she cares about her City. There being no further comments, Mayor Larson declared Public Comments to be closed. I COUNCIL ITEMS APPOINTMENT - RECREATION and PARKS COMMISSION Mayor Larson moved to appoint Ms. Annabeth Goering as the District Two representative to the Recreation and Parks Commission for the unexpired term ending July, 2005. Mayor Larson noted that Ms. Goering was actively involved in the development of Edison Park and resides in the immediate area. Councilman Doane seconded the motion. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried CONSENT CALENDAR - ITEMS "c" thru "u" Yost moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented, except for Items "I, N, 0, P, Q, S, and U", removed for separate consideration. C. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. I D. Approved the minutes of the October 14, 2002 and October 28th, 2002 regular adjourned and regular meetings. E. Approved regular demands numbered 39707 through 39873 in the amount of $633,085.32, payroll demands numbered 17976 through 18108 in the amount of $157,399.41, and authorized warrants to be drawn on the Treasury for same. F. Adopted Resolution Number 5071 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 3-12, TO REAPPROPRIATE FUNDS FOR PROPERTY INSURANCE PREMIUMS." By unanimous consent, full reading of Resolution Number 5071 was waived. G. Adopted Resolution Number 5073 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 03-13, FOR MISCELLANEOUS ADJUSTMENTS OVERLOOKED DURING BUDGETING PROCESS." By unanimous consent, full reading of Resolution Number 5073 was waived. I H. Authorized the City Attorney to include the City of Seal Beach in the Amicus Petition to the United States Supreme Court relating to the American Disabilities Act and sidewalk accessibility. 11-12-02 J. Adopted Resolution Number 5074 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE DISADVANTAGED BUSINESS ENTRPRISE (DBE) PROGRAM AND OVERALL ANNUAL GOAL OF FIVE POINT FIVE PERCENT (5.5%) FOR FEDERAL FISCAL YEAR 2003, FOR ADOPTION AND SUBMISSION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)." By unanimous consent, full reading of Resolution Number 5074 was waived. I K. Adopted Ordinance Number 1492 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 5a TO THE CODE OF THE CITY OF SEAL BEACH RELATIVE TO GRADING REQUIREMENTS." The City Attorney read the title of Ordinance Number 1492, and by unanimous consent, full reading of Ordinance Number 1492 was waived. L. Adopted Resolution Number 5075 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING IMPROVEMENTS AND GRANT DEED OF REAL PROPERTY ROAD RIGHT-OF- WAY FOR BUS TURNOUTS ON NORTHERLY SIDE OF LAMPSON AVENUE." By unanimous consent, full reading of Resolution Number 5075 was waived. M. Approved the Water Supply Assessment prepared for the Boeing Space and Communications Headquarters site, said Assessment to become part of the Draft Environmental Impact Report for the Boeing project. I R. Denied the claim of Elizabeth Aileen Magner for personal injuries and referred same to the City's liability counsel and adjuster. AYES: NOES: Denied the claim of the Board of Supervisors, County of Orange, seeking indemnification and/ or contribution from the City on a comparative fault/pro-rata basis relating to the Zekarias Kidane claim. T. Adopted Resolution Number 5078 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CLOSURE OF THE NORTH AND SOUTHBOUND TURN POCKETS LOCATED AT THE MAIN STREET/PACIFIC COAST HIGHWAY INTERSECTION." By unanimous consent, full reading of Resolution Number 5078 was waived. Antos, Campbell, Doane, Larson, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "I" - COUNCIL POLICY - PROPERTY OWNER WORK REOUESTS Councilman Antos said he would assume that this Policy will address some of the questions that came up during the recent alley projects where residents wanted to tie in certain replacement projects, upgrade of waterlines, etc. and instead of the residents trying to individually work with the contractor the City would attempt to obtain prices. The Director of Public Works said the Policy requires that unit price work be bid out for a specific item, whether it be for 11-12-02 I a square foot of sidewalk or driveway, or water service connection, if it is a complicated change order situation that is not something that is done with the resident. Councilman Yost asked if the intent is to obtain a set unit price for a volume of work, the response of the Director said it is more to have the resident take advantage of the unit pricing, if the City were to allow individual resident deals that would add to the administration costs for the project and possibly cause delays. councilmember Campbell expressed her belief that this is a step forward to work with the residents to get work done that both the City and the residents need. Antos moved, second by Campbell, to approve the Council Policy for Requests for work During Public Works Construction Projects. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I ITEM "N" - ORANGE COUNTY TRANSPORTATION AUTHORITY - "DIRECTIONS 2030" - LONG RANGE TRANSPORTATION PLAN Councilmember Campbell stated that although this Plan is for some twenty years into the future her feeling is that the residents of Seal Beach, specifically those in College Park East, should be aware of what CalTrans and OCTA are looking at. She made reference to the more recent proposal to take six homes from College Park East to accomplish the widening of the 405 Freeway, and even though that was determined to not be necessary it resulted in anguish for those homeowners. In "Directions 2030" the proposal is to add an auxiliary lane to the 405 from Beach Boulevard to the 605, they are putting the HOV connectors back for consideration from the 22 to the 405 and the 405 to the 605, there is possibility of a commuter rail down the center of the 405, her concern is with the widening of the 405 between the 22 and the 605, the government does not to relinquish any land, they contend that their arc goes up to the fence line, therefore there could be an impact on the homes along Almond Avenue, should these proposals ever be brought forward the residents need to be prepared to fight the issue. Councilman Doane agreed, however moved to receive and file the staff report relating to OCTA's Long Range Transportation Plan "Directions 2030" and to authorize the City Manager to submit formal comments to OCTA. Councilmember Campbell seconded the motion. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I ITEM "0" - COUNCIL POLICY - REOUESTS FOR WORK - GUM GROVE PARK Councilman Antos said he would assume this item is in response to an issue that came before the Council at the last meeting where heavy equipment was used in Gum Grove park, that this is a method to protect the Park and public areas. Staff confirmed that it was. Antos moved, second by Yost, to adopt the Council policy regarding requests for work by property owners in Gum Grove Park. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried ITEM "P" - PROFESSIONAL SERVICES AGREEMENT - INFORMATION TECHNOLOGY INFRASTRUCTURE / CONSULTING SERVICES - RESOLUTIONS NUMBERED 5076 & 5077 11-12-02 Councilmember Campbell inquired if the City will be provided with the insurance coverages for general and auto liability. The City Manager responded that the insurance certificates will be part of the contract. In reference to a statement in the staff report that 'services required in addition to the forty hours a week would be $120 per hour with a minimum of four hours,' councilmember Campbell inquired if that is open I ended or can a maximum be set, noting that the contract with MTSI was $8,000 per month, this firm is $8,400 per month, the cost is more but services will be for more hours, again asked if a limit will be set on the additional hours. The Administrative Services Director responded that the provision is standard in the event there is some type of emergency where their services would be required over and above the forty hours per week, a situation that is most unlikely, not expected to used, the option of the City would be whether they would want immediate service or wait until the following week, the firm will be paid for forty hours a week and if additional hours are needed the City would need to authorize those hours, that is the same as the prior contract, also, the rates are basically standard. Councilmember Campbell stated she would abstain from voting on this item as she is a friend of Mr. Boychuck of MTSI. Doane moved, second by Antos, to award the professional services agreement for information technology and consulting services to WHIPSYS, Inc. for a period of one year, authorize the City Manager to execute said agreement on behalf of the City, and adopt Resolution Number 5076 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGET AMENDMENT NUMBER 03-11 FOR NON-DEPARTMENTAL INFORMATION TECHNOLOGY CONTRACT PROFESSIONAL SERVICES FOR THE 2002/2003 FISCAL YEAR," and I adopt Resolution Number 5077 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGET AMENDMENT 04-0l FOR NON-DEPARTMENTAL INFORMATION TECHNOLOGY CONTRACT PROFESSIONAL SERVICES FOR THE 2003/2004 FISCAL YEAR." By unanimous consent, full reading of Resolutions 5076 and 5077 was waived. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried ITEM "0" - CONTRACT RENEWAL - AMPCO SYSTEM PARKING SERVICES Councilmember Campbell mentioned that in looking at the fiscal impact it appears that the revenue generated was $305,214 of which the City received $203,389, which means the City did not receive $101,825, the projection for next fiscal year is $85,500 and $63,750 based on the gross revenue remaining at $305,000, in her opinion it will not stay at $305,000 because if parking meters are installed there will be people using the beach lots where they previously parked I on Main Street for free, therefore revenues will increase. Again noting the $101,825 that the City did not receive, Councilmember Campbell once again inquired how much it would cost to employ someone to take the parking lot tickets, the question is what is the most reasonable way to go. The Administrative Services Director pointed out that the prior year was one of the worst years in terms of parking lot revenue, the City ended up with all of the money with nothing going to AMPCO to cover their costs, then as part of the contract renewal last year a provision was included so that - 11-12-02 I they could make up for some of the costs that they lost, that is why the $200,000 so that they can slowly recover the costs of the machines and the person who monitors them, that is where the $101,825 went because AMPCO paid the City even more than was collected in that prior year. Councilmember Campbell again inquired as to the cost to hire a person to collect the parking lot fees. The Director reminded again that in the prior year AMPCO provided the City with more money than was collected, and in the staff report at the time AMPCO was selected the actual costs for City operation were set forth, it is not just the cost of the ticket taker, there are costs associated with the Lifeguard Department overseeing the operation, the time required for the Finance Department to count the cash, the Police Department involved with transporting money back and forth, as well as issues such as accountability, the recommendation of the auditors was to automate the parking lots, her recollection was that the costs to man the lots was between $50,000 to $60,000 per year, that would be the three lots, recollection too that there were five employees. With regard to the parking meter issue the City Manager noted that meters may go in on Main Street, yet what has been learned from projecting revenue from some of the development projects is to not count the money until it starts coming in, the revenue estimates do not factor in what may occur because people are being guided into the beach lots, that is a long way away, this is conservative, that is why this contract is year to year, the revenues are always in a state of flux. I Councilman Doane moved to approve the renewal of the contract with AMPCO System Parking, Inc. for the term of two years and authorize the City Manager to execute same on behalf of the City. Councilman Yost seconded the motion. Mayor Larson expressed his agreement with Councilmember Campbell, the parking booth employees in attendance at the time spoke of their service to the community for those who frequented the beach, the contractor spoke of their modern machines, computers, etc., he reluctantly voted for the AMPCO contract yet felt bad for those who lost their employment, then there were calls from people who could not understand the system therefore received citations, he would assume that has now been resolved. The Manager said as mentioned in the staff report additional machines will be installed in the lots which will make it easier for people to use. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I ITEM "s" - SPECIAL EVENT PERMIT POLICY It was clarified to Councilmember Campbell that 'parties on park space involving less than twenty-five people, no alcohol, no live music' and 'events which are wholly contained within a City owned facility' are different in that one is wholly within a building, the other is park space, neither would require a special event permit. Councilmember Campbell referred to Section 19E-5 of Ordinance 1491 that states '...the Director of Development Services may accept a special event permit application filed less than thirty days in advance when the special event is proposed to be conducted in a City park and there is adequate time for review...', and to her question the response was that a previously referenced wedding would have been allowed yet the other factors are that it would be less than twenty-five people and no alcohol. Her question was then what if this wedding party merely appeared at the park, could they have done that. The 11-12-02 Associate Planner offered that there is a somewhat grey area as far as enforcement, in most cases it would be difficult to know that the people were in the park unless a complaint was lodged, the appropriate procedure is to obtain a permit if there were to be more than twenty-five people. With regard to Section 19E-5(D), Councilmember Campbell noted the language that 'no special event organizer shall be issued more than six special event permits per calendar year for a particular property', yet the CPE Neighborhood Association utilizes Heather Park for six possibly more events in a year, does that language mean that the Association could not reserve the Park for all of their events, and some residents would like more events that there are currently. The Manager responded that his recollection was that the six events annually were meant to deal with activities on Main Street rather than in parks. To Section 19E-5(B-2) with regard to submittal of a list of the special event permits for the previous twelve months, the Planner said the intent was to assist staff in identifying how many permits had been issued in the past, staff is working on preparing a master list of special event permits that have been issued so that people can be apprised of when they should be making application for those permits. with regard to Section 19-E-6(A-1) which states that 'the special event organizers shall conspicuously provide public notice of such time period and boundaries by posting signs at approved locations', to that Councilmember Campbell asked where those may be placed along Lampson Avenue. The planner responded that what is meant is that the person physically have the permit in hand in the event that the City receives a complaint and as an example on a weekend an officer would be dispatched to respond, the organizer can then show that it is a permitted event. She mentioned there is also the life insurance policy that indemnifies the City. Councilmember Campbell then made reference to the Policy, Section 3 referring to 'short term', item two states 'all other events held on private property, up to, but not exceeding two days', to that she noted that this would be on private property, a private event, therefore why would the City get involved at all, to that the Planner mentioned that there are things that come up that are not otherwise allowed under the Zoning Code, outdoor sales on top of parking in a shopping center would be an example. Councilmember Campbell clarified that her comment was directed to private residential rather than commercial, a private party on private property, example, a bounce system for a childs party located entirely on private property, would that require a permit. The Planner offered that that would be at the discretion of the Council, it could be included in the policy whereby people would be required to obtain a special event permit for such use. Councilmember Campbell noted that under 'Other Privately Held Events' that would require a CUP or other land use entitlement if more than six such events were held in a calendar year, and includes 'parties in residential areas of the City where children's entertainment apparatus are used', stating it should not be the business of the City if the apparatus is located on private residential property, to that the Planner stated he is learning more about these types of apparatus, an application has been submitted for a giant blowup slide, that could have an impact on a neighborhood depending upon how many children may be involved, it is believed that staff would prefer that if the apparatus is totally on private property that it not require a special event permit as there is noticing required and people will not realize that they need a permit for the activity within the thirty day period. I I I 11-12-02 m Councilmember Campbell again expressed her opinion that a private party on private residential property, the general public not invited, should not be the business of the City, it is over regulating, the Policy needs to be rewritten. The Planner indicated staff agreement, and with regard to private residential parties stated that the City would want to have a special event permit should someone want to engage a live band, the Council could strike the entire provision for childrens entertainment apparatus. Councilmember Campbell said she would like that provision stricken if there was Council concurrence. Mayor Larson agreed, his feeling was that it was not appropriate to begin with. Councilman Yost moved that amendment. I With regard to more than six events requiring a CUP, the Planner stated that special events are defined as something that the Zoning Code land use restrictions would not otherwise allow, that is its purpose, therefore if there is a situation where more than six special event activities are granted within the year then the Zoning Code should be amended to allow those types of activities in the zone in which they would be located, that was the intent of the limitation of six. Councilmember Campbell stated again that when it comes to private residential property her belief is that the City is getting carried away. Mayor Larson inquired if the City requires a permit for yard or garage sales, the response was it does not, and to that the Mayor mentioned that that involves more people and noise than other activities. Councilmember Campbell mentioned that CPE has an annual garage sale, does not believe that they obtain a permit, and throughout the year other residents will have a garage sale. Mayor Larson noted that some cities have a problem with people who are in the used property business and where they hold a garage sale every weekend therefore they regulate to allow just so many per year. Councilmember Campbell mentioned that that had occurred in College Park East at one time, it was resolved when the individual was contracted and informed that he was conducting a commercial enterprise. Councilman Doane questioned the outdoor dining restriction, inquiring if that meant barbecues. The City Manager mentioned that the issue of six events was to deal with non-residential businesses, therefore language could be inserted to read '...further, the City will take the policy that more than six events in a non-residential area in one calendar year shall necessitate a Conditional Use Permit...' Councilman Antos suggested that 'outdoor dining in non- residential zones' be added. I with reference to page one of the staff report Councilmember Campbell made reference to the third bullet that states that 'events at the Marina Center and Senior Center which serve alcohol should not need a special event permit by virtue of the fact that the fee resolution already contains a provision to charge for alcohol sales at those sites', question, what about the North Seal Beach Center. The Planner responded that the fee resolution was checked, nothing was found that dealt with the North Community Center, if the Council so chooses staff will add the North Center and then add it to the fee resolution when it is next adopted. Councilmember Campbell countered that all of the rules and regulations that apply to Marina and the Senior Center already apply to the North Seal Beach Community Center, to that the Planner stated that as amended at this meeting if there was an event that was wholly enclosed in the North Center a special event permit would not be needed unless there was live music or 11-12-02 alcohol, at the discretion of the Council the alcohol provision could be deleted and only require a special event permit if there is live music. Councilman Doane pointed out that in Leisure World each Mutual has its own policies, some of those may be in conflict with the City's policies, therefore which takes precedence, example is that only one patio sale per year may be allowed, he has no argument merely a perceived conflict at some point. Question was raised if these policies even apply to Leisure World. I Councilman Yost suggested that this be postponed until the next meeting and in the meantime the members of the Council having concerns work them out with staff. Councilmember Campbell stated that the language suggested by the City Manager will resolve her concern. The Manager offered to include under 'purpose and Intent' language to reflect that 'events within Leisure World, given its nature as a guarded community, these policies do not apply.' Mayor Larson noted the concerts held in the amphitheater with live music. Council indicated satisfaction with the policy as amended provided that residential private property is removed as well as the childrens activities. Yost moved, second by Doane, to adopt the revised Policy Statement with regard to Special Event Permits. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried ITEM "U" - COUNCIL POLICY - PUBLIC RECORDS REOUESTS Given the knowledge that there are some persons in the community that generate the majority of requests for public records, Councilman Yost asked if those requests would also be considered a public record, as it takes considerable City resources to generate such documents, would it be public knowledge if the policy is abused. The City Attorney responded that the public records request form would be a public record and available to anyone requesting same. It was confirmed that this policy is in compliance with the California Public Records Act. Councilmember Campbell noted that some documents are not available to the general public such as personnel files, confidential documents so marked regarding litigation, etc., she mentions this in that there was an individual who was familiar with the workings of cities that came to City Hall for documents which was in turn used against the City. She mentioned that the Request provides for either review or copies of records, it may be worthwhile to obtain something, such as car keys or drivers license, from the person requesting review to assure that a file is returned in tact inasmuch as for the most part people would be reviewing documents at the table outside the office of the City Clerk. The Mayor reminded that under the Political Reform Act one can not even require a name. Councilman Antos noted that the City Clerk, as an elected official is responsible for the records of the City, he would assume the Clerk would do whatever is felt necessary with or without a Council policy as far as document security measures. Councilmember Campbell offered that this would be an across the board Policy applicable to all rather than discretionary, thus removing the ability for challenge. I I Yost moved, second by Doane, to approve the Council policy relating to public records requests as presented. 11-12-02 AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I WATER OUALITY COMMITTEE Councilman Antos said it was he who requested that this matter be placed on the agenda, he is aware that the City did have a water committee in recent past that dealt primarily with water runoff, however there are some things that he feels the City would be better served by having a committee look at, bring them to the Council, and then the Council could either adopt the policies or send appropriate letters, this would include such things as desalination, which Long Beach and other areas ,are looking at, there are some technologies being looked at with regard to cleaning the water from the Sanitation District and perhaps making that available in the future for use in parks and common areas, he was uncertain if anyone has asked the Sanitation District if that is in their plans for future years. Councilmember Campbell stated that the Sanitation District voted in favor of the reclamation project at their last meeting. Councilman Antos said he also believed that the City needs to adopt a policy dealing with installing lines for such things when streets and alleys are torn up, also with the lack of rain he is aware of a problem with not enough ground water, there is not much being done about'water conservation citywide, and from time to time there are reports of contaminants and ground water intrusion on private and public property. Councilman Antos stated from his point of view it would be well if a citizens committee were appointed to look at some of these issues, the committee may have a fair amount of work or it could be for a short period of time, his feeling is that the Council would benefit from getting the information and then pass it along to the general public. Councilman Yost noted that he placed a similar matter on the agenda about four years ago but it was not approved, he still thinks it is a good idea, the beach is the community's livelihood, yet he is not in favor of adding more bureaucracy, a beach committee in the past ran into some problems in that they were recommending things that the Council did not want to do, but he would support this proposal. Councilmember Campbell noted that when the Outfall Group was working to stop the waiver they came to this Council and in turn this was the first city to vote to stop the waiver, that was so important, the outfall is four and a half miles off of Huntington Beach, it is one hundred twenty inches wide. At the last Sanitation District the board voted to join with the Orange County Water District for the reclamation project, this too was important yet there was really no one there from the general public, once there is a reclamation project then the District can stop pumping through the outfall pipe, before you can cleanup the ocean you first have to stop polluting it, in her opinion a desalinization plant is out of this City's league, the most this City could do is read the articles as to how the Long Beach project is going. Councilman Doane mentioned that studies are being done on desalinization. Councilman Yost noted that the plant in Long Beach is at the tank farm, they would discharge a highly concentrated brine into the San Gabriel River as a result, that would be fought with every means possible. Councilman Doane said that is one of the reasons it is not going anywhere. He offered his belief that when the Ad Hoc Committee was formed Councilman Yost was very active in the San Gabriel River project, then there were two persons who pointed out some things in this community that could possibly be polluting, those persons were then appointed to the Committee because of their interest, he I I 11-12-02 believes that the Committee served its purpose and provided good input, Campbell is on the sanitation District, Yost continues to be involved in the Conservancy, he sits on the West Orange County Water Board, his opinion is that a citizens committee is really not needed to also become involved, committees cost money, they take staff time and attendance, given this time of budget concerns he did not feel another committee needs to be formed. Councilmember Campbell noted that she also serves on the Sanitation District Runoff Committee and the Planning, Design and Construction Committee. With regard to reclamation, Councilman Doane confirmed that it does require separate pipes however they are not available at this time, the landscaped areas along the freeways are being watered with reclaimed water, it would mean bringing an extension of those pipes into this City if the desire was to use reclaimed water for the golf courses, greenbelt, etc. Councilman Yost mentioned that the main facility for Long Beach production of reclaimed water is on the confluence of Coyote Creek and the San Gabriel River, at present they are producing in excess, at about half the cost of tap water, in fact a meeting was held a couple of years ago with the Long Beach water group, including the City Manager and officials, to look at the financial aspects, at this time it is not financially viable even though it should be kept in mind for the future. Councilman Antos said it seems that the technology is now coming into being, however until the City has some idea as to when this water is going to be available it seems that the Council and City Engineer should come together on policy if there is desire to ever use reclaimed water, a number of opportunities have been missed, Seal Beach Boulevard was just recently torn up as have been other streets and alleys, a perfect opportunity to drop in pipe, otherwise should water become available from the freeway pipeline it would be necessary to tear up Seal Beach Boulevard, very costly, so it would seem realistic to look into the future, maybe twenty years, otherwise the City will be using potable water for the landscaped areas, there could be a significant savings at half the cost for the golf course and open areas in Leisure World if the pipes were in place, again at this time there is no policy to put the infrastructure in place when streets and alleys are torn up. It was mentioned that it also depends on which side of the street is torn up, one side is sewer, the other is water. Councilman Yost asked that staff take another look at this because there is an easy access to Seal Beach which is down the San Gabriel River given that the plant is on the River, this was looked at about two years ago, and suggested that contact be made with the water person in the City of Long Beach, at that time it was not financially viable, it may have changed some by now, it is about half the cost and facilities would likely pay for themselves. I I Antos moved, second by Yost, to proceed to form a Water Quality Committee. AYES: NOES: Antos, Yost Campbell, Doane, Larson I Motion failed EXPANSION OF NONCONFORMING USES - PROPOSED URGENCY ORDINANCE The Associate Planner noted that a request was received from Councilman Antos ,to prepare a draft urgency ordinance to address additions to legal nonconforming residential structures, principally located in the Old Town area. The Planner mentioned that there are a number of reasons why a 11-12-02 I structure may be nonconforming, density, there could be too many units for what the property is zoned, parking is an issue, setbacks, the Code previously allowed detached garages to be close to property lines, that is no longer allowed. He stated that Section 28-2407 sets forth the provisions under which one can add to those types of properties, the type of nonconformity basically determines what one can do, the Code in general splits the enlargements into what is defined as minor alterations and enlargements and major alterations and enlargements, he explained that a minor enlargement is a Consent Calendar item at the Planning Commission level with different criteria for what is allowable under those provisions, example, on a duplex or single family home if one wanted to add up to two hundred eighty-eight square feet per unit it would be a minor plan review, if greater square footage was desired it would then be a major plan review process, if the structure were a triplex or larger property up to one hundred forty-four square feet per unit could be added up to a maximum of four hundred square feet per property under the minor plan review process, to add more than that it would be a major alteration or enlargement having specific procedures depending upon what the nonconformity is, that is typically a Conditional Use Permit with a full public hearing before the Planning Commission. The process currently allows the Commission to look at each application individually on its own merits, there is typically five to seven of these types of requests each year, slowing somewhat the last couple of years with property values rising. The Associate planner pointed out that the Council was provided a history, set forth in the supplemental memo, listing all of the projects that have been approved by the Planning Commission, shows whether or a not a building permit has been issued, where it is in the construction cycle, and whether or not a final inspection has been issued. I I Councilman Antos offered that the supplement memo is interesting in that in 1999 there was mostly minor plan reviews with one Use Permit and by 2002 they are all Conditional Use Permits. He said it seemed there was considerable controversy with a request that was before the Planning Commission at their last meeting, his feeling is that there should be no more CUP's issued until the Code is looked at, under the CUP process possibly the most egregious example is the Oakwood Garden Apartments, there are five hundred fifty units, it does not meet parking, is over density, however taking the ten percent they could add the equivalent of fifty-five or more units, that is high density residential, it is in the Redevelopment Agency Project Area yet that makes no difference. He said there are a number of nonconforming properties that are over density, and with this situation of more Use Permits rather than minor plan reviews there is enlargement of a bedroom, addition of a bathroom, that is significant additions to property, and in the opinion of people living in the neighborhood it is said to be out of character and should not be approved. Councilman Antos requested that there be a moratorium on processing any further requests until the Planning Commission and Council have the opportunity to look at the Code sections and determine whether or not, at least the major enlargements under a CUP, should have a maximum allowed, possibly square footage, rather than allow these requests to continue. He mentioned having heard that possibly an appeal will be filed on one or more of the approvals from the last Commission meeting. Councilman Yost inquired if Councilman Antos was going to appeal. The response of Councilman Antos was that 11-12-02 he was not, he was not at the Commission meeting, did not testify, under the standing rule he was not standing to testify, he submitted nothing in writing, made no comments, those having standing would be anyone who attended the meeting and testified either for or against the item or participated in the hearing in some way. Councilmember Campbell inquired if the desire is to have a moratorium on those doing remodeling in Old Town. The response of . I . Counc~lman Antos was no, he wanted a morator~um on these particular additions to nonconforming residential properties until there is an opportunity to review this section of the Code and determine whether or not the section that allows the major alterations needs to be amended to include a maximum of square footage or something similar. The Associate Planner clarified that in relation to additions to properties the number of units or density on the property is not allowed to be increased, it is additions to existing unit count, as an example, if there were three two-bedroom apartment units and the request was to enlarge those under these provisions that could be done yet there would still need to be three two- bedroom units, the units could be made larger but no units could be added, also, the Planning Commission has the ability to approve or deny any request that comes before them individually irregardless of what has happened in the past, and confirmed that the Commission did approve two at their last meet'ing. Councilman Antos noted that staff also makes recommendations for approval, in the example of Oakwood he stated tney would have the ability to add the equivalent of fifty-five units, the square footage of fifty-five units, turn a bachelor into a presidential suite yet remains a bachelor unit, one bedroom. I Mayor Larson offered that there does not seem to be a great number of these cases, he was not comfortable with changing the ground rules absent an emergency, this is not the kind of emergency from which the City would suffer greatly therefore he would be opposed to the ordinance. Councilman Doane expressed his opinion that the City has a very adequate Planning :Commission, they are doing their job, history shows that they have done their job, he sees no reason to change the current procedure, it works well, the people understand it, the proposal would merely complicate it further, therefore he would be opposed to the ordinance. Councilman Yost noted that the last issue similar to this that came before the Council was'an appeal of a unit that was requested to expand yet was nonconforming because of parking, that was bothersome because his feeling was that the square footage was being increased by adding a bathroom and by increasing the size 'it is effectively increasing the density without increasing the parking, in that case he was the sole vote against it. Councilman Yost too said he did not see any urgency in this matter even though he shares the concept, however it may be of benefit to have a study session with the Commission and Council to look at the density in terms of the desire of where the community will be in the future, ,it affects what the community will look like in five or ten years, the way in which the community brings the City up to Code is by virtue of this particular process, taking nonconforming properties and making the new construction conforming to the best of ability absent a CUP or public hearing, he too does not see the need for an urgency ordinance. Councilman Doane mentioned that there are three persons on the Council that are former Planning Commissioners, that is good training, when he steps down he would recommend that his Commissioner take his place, he sees I I 11-12-02 no reason to impose a moratorium yet would support a study session. Councilmember Campbell said if someone wants to enlarge a unit to merely have more living space and not add bedrooms, that is not increasing density, density is increased when bedrooms are added, not when bathrooms are added, she does not see the need for a moratorium. I Yost moved, second by Doane, to refer this matter to the Planning Commission to conduct a study session. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried PUBLIC HEARING / RESOLUTION NUMBER 5079 - URBAN WATER MANAGEMENT PLAN UPDATE - 2002 Mayor Larson declared the public hearing open to consider the Urban Water Management Plan Update - 2002. The City Clerk certified that the notice of public hearing was advertised as required by law, and reported that no communications were received relating to this matter. The Director of Public Works reported that this item is the update of the Urban Water Management Plan necessitated by changes in State law. Mayor Larson invited members of the audience wishing to speak to this item to come to the microphone and identify themselves for the record. There being no public testimony, Mayor Larson declared the public hearing closed. I Doane moved, second by Campbell, to adopt Resolution Number 5079 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, TO ADOPT THE URBAN WATER MANAGEMENT PLAN." By unanimous consent, full reading of Resolution Number 5079 was waived. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The City Manager noted the first significant rainfall of the season, the City came away unscathed except for the San Gabriel River, he would encourage everyone to walk to the River at which point they will understand why there is a water quality problem, there were enough floatable items that one could likely walk across the River. The Manager expressed appreciation to the Chamber, particularly the Masoners, for doing the cleanup of the Riverbed before the first rainfall, that had a positive impact, they are also cleaning the beaches. Councilman Yost noted that there is a debris net as well, his Planning Commissioner said that would never be obtained however it is on Coyote Creek and the San Gabriel River, partially effective and likely does decrease the amount of debris that reaches the beach. I COUNCIL COMMENTS With regard to the additions to nonconforming properties item, Councilman Antos asked if the study session would be at the Commission level or a joint session. Mayor Larson stated his understanding of the motion was to refer to the Planning Commission for their recommendation as to a further study session. Councilman Doane said he had intended an item for consideration however that changed as a result of the election, he has a concern with the fact that there are three vacancies in the Police Department, his intent had been to 11-12-02 / 11-25-02 recommend that the City hire at least one officer to fill a vacancy, that was based on what he had thought would be some additional revenue, but for some reason this City, at the last election, determined that Measure EE was not good however all it would have done was generate some revenue that would have been paid by visitors to the City, would have no impact on the residents, he was amazed that Measure EE failed. He noted that there is still police coverage, the officers are working overtime, yet the money must come from some place, the three people in the north of the City are not trying to bankrupt the City, it appears it is the City that is trying to bankrupt itself by not approving good, solid revenue enhancements such as that with Measure EE. Mayor Larson agreed, stating that he would be hard put to place anything else on the ballot that would bring income to the City. Mayor Larson expressed appreciation to the Chamber of Commerce, the Commander of the Naval Weapons Station, the Marine Corps Colonel, the Girl Scouts, Boy Scouts, Youth Jazz Band, the Police Volunteers, and everyone who undertook the Veterans Day Program at Eisenhower Park, thanks to the military for taking the time to send their people, and the Marine Honor Guard who presented the colors and then stood at attention for the entire hour, there was a good, enthusiastic crowd. Councilmember Campbell noted that it was the Veterans of Foreign Wars and American Legion that hosted the memorial service, the gentlemen that performed the twenty-one gun salute also stood at attention. I CLOSED SESSION No Closed Session was held. ADJOURNMENT The direction of Council was that the November 25th canceled meeting be adjourned until December 9th at 6:30 p.m. to meet in Closed Session. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 8:38 p.m. I clerk Approved: Attest: Seal Beach, California November 25, 2002 I The regular City Council meeting scheduled for this date canceled by direction of the City Council in recognition the Thanksgiving holiday. was of