HomeMy WebLinkAboutCC Min 2003-04-14
4-14-03
Seal Beach, California
April 14, 2003
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:
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Mayor Larson
Councilmembers Antos, Campbell, Doane, Yost
Absent:
None
Also present: Mr. Bahorski, City Manager
Mr. Barrow, City Attorney
Ms. Yeo, City Clerk
The City Attorney advised
for members of the public
identified on the agenda.
that this would be the opportunity
to comment upon the items
There were no comments.
CLOSED SESSION
The City Attorney announced that pursuant to the Brown Act
the Council would meet in Closed Session pursuant to
Government Code Sections 54956.9 (a) and (b) to discuss the
items identified on the agenda, to confer with legal counsel
with regard to pending litigation. The Council adjourned to
Closed Session at 6:31 p.m. and reconvened at 6:50 p.m. with
Mayor Larson calling the meeting to order. The City Manager
stated that this evening the Seal Beach City Council convened
a closed session to discuss the following cases, Peddicord
versus Linc Housing Corporation, Seal Beach Trailer Park
Association versus Richard Hall and Warren Adams versus Linc
Housing Corporation. The City Attorney and Counci1member
Yost recused themselves from the session. By a vote of four,
zero, one, with Councilman Yost's vote recorded as an
abstention, the Council decided after careful examination of
the current circumstances that the City is not legally
required to defend or indemnify former Councilmember Boyd
from any judgment in the above mentioned lawsuits. Effective
immediately the City will terminate the defense and cease
paying legal expenses associated with the defense of former
Councilmember Boyd. The City Attorney reported that with
respect to agenda item A(b) the Council gave direction, there
was no other reportable action taken.
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ADJOURNMENT
It was the order of the Chair, with consent of the Council to
adjourn the meeting at 6:54 p.m.
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Attest:
Approved:
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4-14-03
Seal Beach, California
April 14, 2003
The City Council of the City of Seal Beach met in regular
session at 7:00 p.m. with Mayor Larson calling the meeting to
order. The Seal Beach Girl Scout Support Unit led the Salute
to the Flag. Mayor Larson expressed appreciation to the
Scouts for their presentation of the colors.
ROLL CALL
Present:
Mayor Larson
Councilmembers Antos, Campbell, Doane, Yost
Absent:
None
Also present:
Mr. Bahorski, City Manager
Mr. Barrow, City Attorney
Mr. Whittenberg, Director of Development
Services
Mr. Dancs, Director of Public Works/City
Engineer
Chief Sellers, Police Department
Captain Schaefer, Police Department
Chief Cushman, Lifeguard Department
Ms. Arends-King, Director of Administrative
Services
Mr. vukojevic, Deputy City Engineer
Ms. Yeo, City Clerk
APPROVAL OF AGENDA
Yost moved, second by Campbell, to approve the items on the
Consent Calendar as presented.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
ANNOUNCEMENTS
Councilmember Campbell announced the upcoming Bunny Bash at
Heather Park on Saturday, April 19th from noon until 2:00
p.m., fun things are planned for the kids as well as a visit
from the Easter Bunny.
PRESENTATIONS
LIFESAVING AWARD - OFFICER CORBIN
Chief Sellers noted that several colleagues of Officer Corbin
were present as well as several of the Explorer Scouts, and
mentioned that Officer Corbin began his career as an Explorer
in his teenage years, became a records clerk and put himself
through the Police Academy. The Chief described the January
31st early morning incident to which Officer Corbin was
dispatched to a structure fire in Leisure World, as the first
emergency person on the scene he found a unit fully engulfed
and impossible to enter or even identify the front door, he
then responded to an adjoining unit which had heavy smoke, he
took action by using the fire extinguisher from his patrol
car to hold back flames that were lapping over the shared
patio wall and breaching the door which enabled him to direct
the resident, who was frightened to attempt to exit the unit,
through heavy smoke to the front door and to safety. The
resident has made the statement that without the assistance
of Officer Corbin she would not have been able to escape and
credits him for saving her life. After aiding that resident
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and assisting in the evacuation of other residents for
adjoining units, Officer Corbin then used his training as a
reserve firefighter to begin assisting arriving fire units by
laying out the hoses and making connection to the nearest
hydrant thus allowing the fire personnel to direct their
focus on attacking the fire much quicker. The Chief stated
that by Officer Corbin's use of the fire extinguisher and the
bravery he exhibited in approaching the smoke and flames was
above the call of duty which resulted in the saving of a
resident from serious injury if not death, injury to others
and further damage to the building. The Chief noted that the
individual who perished in the unit had been a friend of his
through his employment in another city. Commander Ron Blau,
Orange County Fire Authority, stated he was the Incident
Commander and arrived just after the first engine company
which was after Officer Corbin had assisted the resident with
exiting the structure. . Commander Blau said he can say with
absolute confidence that had Officer Corbin not intervened
this woman would have lost her life in the structure before
she could be rescued, his actions resulted in the saving of
her life, he is comforted to know that there are officers of
this calibur protecting the community. Commander Blau
presented a letter of commendation to Officer Corbin from
Fire Chief Prather.
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Chief Sellers presented Officer Corbin with the Medal of Life
Saving, noted that along with the medal is a ribbon that will
be worn on his Class A uniform, a red cross signifying his
efforts.
Officer Corbin said he wanted his fellow officers to receive
some recognition, Officers Tittle, Frey and Ahumada, with
some he went on ride-alongs while an Explorer, helping him to
get to where he is today, recognition too of Mr. Joe Kalmick,
a fellow firefighter who also helped him with his training,
the held of Chief Cushman too. Mayor Larson offered that it
is the pleasure of the Council to have Officer Corbin and
others like him working for the City. At the request of the
Mayor Officer Corbin shook the hand of each member of the
Council.
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PROCLAMATIONS
Mayor Larson proclaimed the month of April, 2003 as "National
Child Abuse Prevention Month." Yost moved, second by Antos,
to approve said Proclamation.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
Mayor Larson proclaimed the week of April 20th through the
26th, 2003 as "National Coin Week" and presented same to the
Treasurer of the Leisure World Numismatic Club.
PUBLIC COMMENTS
Mayor Larson declared the Public Comment period open. Mr.
Bill Ayres, the 10K and 5K non-profit corporation President,
noted that Race participation on April 5th was the best it
has been in twenty-nine years, a news report cited 80,000
participants, that was not correct, as a runner for over
fifty years he does not know of a race in the world that has
that number of participants. Mr. Ayres reported that there
was a total of 1,927 participants, a paid attendance of over
2,000, this was for the 5K and 10K run, the 5K walk, and a 1K
kids run having a large group of enthusiastic children. Mr.
Ayres explained that the Race this year was a learning
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experience for the committee as this is the first year that
the City had no involvement, it was hard work but i~ is now
known that they can proceed well from now on, he commended
the members of the committee, noted that there were over two
hundred fifty volunteers, most of them were from Seal Beach,
there were two cyclists that preceded the events, a bicyclist
and a unicyclist, expressed appreciation also to the
sponsors, an important aspect of the Race, of great
importance too were the sponsors in-kind that provided many
services relating to the banners, banner hardware, truck
transport, etc. With regard to the proceeds from the Race,
Mr. Ayres noted that three years ago $10,000 was donated to
the reconstruction fund for the McGaugh pool, last year
$23,000 was given for the reconstruction of the Marina
Center, on December 31st an additional $lO,OOO went towards
the resurfacing of the tennis courts, those are the type of
things that the proceeds go towards. Mr. Ayres mentioned
that both runners and walkers approached himself and others
to praise the event, they were from allover, they like to
come to Seal Beach because of the small town atmosphere, yet
to him what makes a small town atmosphere is the volunteers,
the people who join in to make it that way, that is why they
know they have the strength to build the event even larger,
the 2004 Race will be Saturday, April 3rd.
Ms. Elizabeth Kane, 7th Street, made a visual presentation of
some Race highlights, noted the record attendance even though
about one hundred pre-registrants did not participate, their
were 1,800 10K and 5K runner/walkers, there were people from
thirteen States, the furthest was New York and Hawaii, there
were over 500 participants from Seal Beach, there were also
some record course times as the Race has begun to attract
some first class runners, the Kids Run was held before the
lOK and 5K events, the parents commended that inasmuch as it
made this a true family oriented event, the Kids
participation last year was about 50, it grew this year to
over 160 in the eleven year old and under Fun Run. Ms. Kane
mentioned the Kids Zone was located on the greenbelt, fully
enclosed, each child was provided a bracelet that identified
them and that had to be matched with a parent having a
matching identification in order to leave the Fun Zone at the
end of the Race, this made the parents comfortable knowing
that their children would be taken care of, she knows of no
other 5K or 10K Race in California that has such a program,
there were thirteen schools in the area that participated,
from Sun N' Fun to Los Alamitos High School. Ms. Kane also
mentioned that one hundred percent of Race profits go back
into recreation programs in the community, this year it will
be handled somewhat differently, if there is a recreation
oriented organization that would like to apply for a grant
the applications are available on the Race website, the
applications will be considered by the Race committee based
on merit pursuant to the provisions of their charter to
provide recreation service program funding for the community
of Seal Beach, and, $2 for each student was given back to
their identified school for recreation programs. She noted
certain racecourse record times, the results and photos are
on the web site. Ms. Kane noted the many volunteers
representing the Girl Scouts, Explorers, Seaside Lions, LOTE,
Womens Club, Los Alamitos High School dance team, well over
two hundred volunteers.
Mr. Glen Clark, Trailer Park, noted that the City Council are
voted in as elected officials, the Council takes much
unwarranted abuse on an ongoing basis and listens to the woes
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of the people without being able to respond, an article in
one newspaper last week reported that there are people
complaining that they are not being recognized therefore can
not speak their mind, yet he has been to many meetings of the
Council and has seen all people who have a desire to speak
given the time to do so, the Mayor has done this on a
continual basis, has made the procedure known on numerous
occasions, he would commend that, that is basic democracy,
the only other means to have feedback would be to hold
townhall type meetings, possibly that could be something to
consider in the future, and again commended the Council. The
Mayor noted that the speaker also takes his time to attend
the meetings as well. Ms. Rita Brenner, Trailer Park, stated
she was present to address the Council with regard to
something that was brought up a few weeks ago concerning the
Redevelopment Agency, a member of the Council had mentioned
the Trailer Park problems, disputes between two Park
factions, it was out of his hands therefore the people need
to take care of the issues themselves, to that Ms. Brenner
claimed that it was that member of the Council however that
brokered and signed the Trailer Park deal. She made mention
of a publication that sets forth what a City Council is for,
a Council is to help resolve issues, if they can not be
settled you work on it, no one gives a complete answer, any
citizen has the right to address the Council about problems
and it is the judicial duty of the Council to take care of
those problems. Ms. patricia Clark, Trailer Park, made
reference to the purchase of the Park by Mr. Hall in 1998 in
order to redevelop it, not sell it. Ms. Clark provided a
summary of the Park purchase, in March, 1999 a Park steering
committee was appointed, in August a meeting was held with
the City Manager, the Park committee, Mr. Talley, etc. with
regard to the sale of the Park to the residents, Talley
stated that if Mr. Hall sold the Park to the residents he
would want market value of about $10.8 million, there was
evidence that the Park residents could not buy the Park for
that price, Hall owned the Park, he had a win/win situation,
in October, 1999 Hall stopped all sales, repairs, replacement
of the homes, in December, 1999 the City Manager suggested
that a public benefit nonprofit buy the Park on behalf of the
residents, the committee had only two options, give up and
lose their homes or try to purchase the Park through a 501C3
public benefit nonprofit, in February, 2000 the Redevelopment
Agency and the committee chose Linc CDP from three possible
nonprofits, the only nonprofit that would allow resident
participation, in May, 2000 the Homeowners Association was
incorporated as a mutual benefit nonprofit corporation, in
June, 2000 there were rumors that Hall was going to close
down the Park, the Board lobbied the City Council to pass a
relocation ordinance to protect the residents, they agreed,
Ordinance 1463 was prepared and adopted by the Council, that
was likely the turning point of the ongoing Park purchase
negotiations, Hall knew when he bought the Park that there
was no relocation ordinance in place and had he closed the
Park he would not have had to pay anything, after 1463 was
passed he would have had to pay residents the market value
for their homes, relocation monies, etc. likely to cost
millions. In July, 2000 written approval was gained from
residents to purchase the Park through a nonprofit, Hall
filed a lawsuit to remove the Covenants, at the same time
Hall offered to sell the Park for $8 million, the appraised
value, if sold to a 501C3 public nonprofit, Linc offered $6.4
million to keep it affordable, negotiations followed, in
August, 2000 resident's attorney, Gerald Gibbs, suggested
applying for $1 million from the State H/CD MPROP fund, the
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deal was dependent upon this loan, December, 2000 Hall agreed
to sell the Park to Linc for $7.4 million, $600,000 below the
appraised value of $8 million, only if the sale went through
by the end of 2000, benefits to residents by purchasing the
Park through Linc was that the savings on real property taxes
and low interest bonds over the thirty-five year period would
be in the millions, September, 2000 Hall signed a letter of
intent with Linc, October/November, 2000 all pertinent
documents were prepared, the RDA had funds available that had
to be spent on low to moderate income housing or be returned
to the state, December, 2000 and time was running out, patty
Campbell, Don McIntyre, Gerald Gibbs, Hunter Johnson and
Frank Boychuck appeared before the H/CD in Sacramento with
the MPROP five hundred page application, the MPROP Board
approved the loan, following approval of the loan the bonds
were issued and quickly bought up, the RDA provided a $1
million bridge loan to be repaid by the MPROP funds, after
two years of hard work in December of 2000 the purchase was
completed and the title was turned over to Linc, Richard Hall
finally dropped his lawsuit. Fifteen meetings were held for
the residents from 1999 to 2001, twenty thousand fliers and
newsletters were distributed to keep residents informed,
Hunter Johnson, president, and the Vice President both came
to general meetings to explain the purchase, rent increases,
eventual control, and answered many questions, how else could
the low to moderate income residents buy their Park with no
money down and eventual control from a man that did not want
to sell it and would only sell to a 501C3 nonprofit and only
if the deal was complete by the end of 2000. Ms. Clark
concluded that there was no RDA scam, no fraud, no collusion,
no corruption, nor land grab involved in this purchase, this
purchase was the only way to save the homes, and she is very
grateful to the City of Seal Beach. There being no further
comments, Mayor Larson declared the Public Comment period
closed.
COUNCIL ITEMS
ORANGE COUNTY REGIONAL AIRPORT AUTHORITY - FUNDING
REOUEST - RESOLUTION NUMBER 5118
Councilmember Campbell explained that all member cities are
reviewing their ability to contribute to the Orange County
Regional Airport Authority, it has been necessary to review
and revise the OCRAA mission, the original mission was to
work for the El Toro Marine Corp Air Station to become an
airport for Southern California, now one mission is to retain
the Los Alamitos/Seal Beach military facilities, another is
to protect the OCRAA member cities in the Long Beach corridor
from additional airport expansion, protecting this corridor
is of special interest to the residents of Leisure World,
OCRAA is also investigating and selecting realistic
achievable transportation alternatives that would either
mitigate or solve the air transportation demand shortfall in
Orange County such as a centerline, a tunnel through the
Cleveland Forest, etc., the intent is to advocate those
alternatives to the proper entities to implement them as
quickly as possible.
A two minute recess was called to accommodate a telephone
call for Councilman Antos.
Councilmember Campbell mentioned that unless something
changes El Toro is lost, those in South County say they do
not mind driving to LAX or Long Beach yet people in this area
do mind because the additional traffic could cause the
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widening of the 405 Freeway through Seal Beach, if that were
to happen that would cost College Park East the homes along
Almond Avenue, that is not acceptable. She noted that with
the opening up of the airspace over El Toro flights coming
into Long Beach now circle a little tighter and come in over
Costa Mesa, Huntington Beach, and Seal Beach at a lower
altitude, the day after Measure W passed American Airlines
demanded new gates at Long Beach in addition to those that
Jet Blue has, they are now at forty-one flights a day, this
will only increase, this corner of Orange County needs to be
protected otherwise the quality of life will be seriously
impacted, College Park East is impacted by the traffic on the
405, the noise is terrible, her home is at the southern
perimeter of the Air Station, about as far away as one can
get, yet when her balcony door is open the freeway can be
heard as if it were next door. She mentioned too that the
Hill and Leisure World is already impacted by the increase of
flights coming in at lower altitudes over the homes, with
that in mind it is in the best interest of Seal Beach to .
assure that this City is a member in good standing in OCRAA,
the request of OCRAA is to contribute $500 per mon~h. She
noted too that she frequently receives calls from people in
Long Beach who have just now realized what the loss of El
Toro means with the increase of flights, etc., OCRAA is
looking at getting the air traffic demand in South County out
to Ontario by means of alternative transportation and off of
the 405 coming through Seal Beach and see what can be done to
lessen the air traffic coming into Long Beach. Councilman
Yost said he agreed, with Long Beach expanding its level of
service and the number of flights coming over Seal Beach it
is time to become involved proactively, and although finances
are tight his feeling is that this would be money well spent.
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Councilman Yost moved to approve the $500 per month support
money for the Orange County Regional Airport Authority as
requested. Councilmember Campbell seconded the motion.
Councilman Antos expressed his opinion that with the budget
concerns and the unknowns at the State level he felt the
Council should postpone this request for $500 per month to
support the OCRAA effort, to him it seems that this should be
held until such time as the State and legislature determines
their budget and it is seen how it impacts Seal Beach, at
that time a variety of programs can be looked at that have
been put on hold or discontinued, look at the whole budget
first. Councilman Doane said if this is approved and it is
seen that nothing is being accomplished, could the City cease
payment. Councilmember Campbell stated that payment could be
stopped at any time. Councilmember Campbell pointed out that
one of the things the Council does in addition to working
within the City is to serve on a variety of boards and
commissions outside the City to represent this City on a
number of issues thus enables the support of other cities for
such things as implementing other transportation means in
order to get air traffic out of this area and direct it to
Ontario, it is important to serve on these other agencies,
said Councilman Yost as an example serves on the Rivers and
Mountains Conservancy, he is there to clean up the San
Gabriel River, that directly impacts this City. Councilman
Yost explained that he usually does not favor this type of
request, yet with the current expansion of Long Beach flights
and El Toro being lost there will be a need for more airspace
and more air travel, there is no question that OCRAA is the
agency that would deal with this more responsibly, this would
be like money well spent in terms of the quality of life of
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the residents, the cost is about five cents per resident.
AYES:
NOES:
Campbell, Doane, Larson, Yost
Antos Motion carried
FORMATION OF WATER COMMITTEE
Councilman Antos noted that he has discussed this item with
the City Manager, he understands that in the past there has
been concern about the allocation of staff time and City
resources, he is also aware that there are a number of people
in the City that are interested in water issues not only with
potable water but other things such as runoff and
technologies that are forthcoming, these persons are willing
to do the work themselves, not use City staff or resources or
facilities and whatever they may find would be submitted for
evaluation at the discretion of the City Manager. Councilman
Antos requested Council concurrence, offered that the Council
would also have the opportunity to appoint others to this
committee if so desired, yet allow the committee to work
independently. Councilman Doane offered that this would not
then be a regular committee with staff support, minutes,
etc., things that involve a City cost, therefore why would
this be before the Council instead of just a citizens
committee of volunteers that would meet on their own thus not
involving the City. Councilman Antos said that is basically
what it would be however there may be persons from other
districts that would be interested in participating.
Councilman Doane clarified that this would be a group of
volunteers that would be serving as a water committee, then
it would not be required to be on the agenda or City
supported, it seems that this would merely be a group of
interested citizens that would like to participate, that
would be better than making it an official City committee.
Councilmember Campbell questioned what the water committee
thinks it can accomplish inasmuch as water is a regional
issue, she is uncertain what a group of citizens can do to
impact the water issues of orange County or the Southern
California region. As she mentioned earlier Councilman Yost
serves on the Rivers and Mountains Conservancy, that gives
Seal Beach a seat on a Board that does have the ability to
impact an issue such as the San Gabriel River, also, she
serves on the Sanitation District, serves on two District
committees, one being the Urban Runoff Committee which can
impact water regional issues, it gives this City a voice and
opportunity to bring something back to the community, if the
source of a problem comes from outside the City there needs
to be representatives on these regional committees that can
help this community, an example is that at the last
Sanitation District meeting there was discussion of the
sewage spill in La Habra that reached the San Gabriel River,
the source is fined yet the Seal Beach beach is closed and
the cleanup is at City expense, the District Manager
concurred that it is not fair that the source pays a fine yet
the City has the expense, and the District Manager has agreed
to discuss this type of situation with the City Manager, in
her opinion the City should receive part of the fine to
offset expenses, this is an example of how the representation
on the regional boards benefits the City. Councilmember
Campbell said again that she questions what a Seal Beach
committee can hope to accomplish, you have to go outside the
City to gain the help of all of the other cities, that is
where the power is, how many people would be on this
committee from each district and what will it accomplish.
Councilman Doane mentioned that he represents Seal Beach on
the West orange County Water Board and he can take any
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questions that pertain to water quality, etc. to that Board,
the Board is a Joint Powers Authority and consists of
representatives from Westminster, Huntington Beach, Garden
Grove, and Seal Beach, thus there is representation in the
County, and it is correct that the water quality problems
basically come from the County rather than the individual
cities, most belong to water authorities such as the WOCWB.
Councilman Yost mentioned that this is something central to
what he has wanted to do since joining the Council which is
cleaning up the River and the ocean, he was somewhat
frustrated to see this subject agendized again as he had
placed a similar request on the agenda some time ago however
there was not three votes for approval, to do this again is
not necessarily worthwhile, he also has respect for the
opinion of the members of the Council who do not think there
should be a City water committee. Councilman Yost noted some
of the things that have been done to improve water quality
over the last five years, a large committee was formed of
very knowledgable people who developed a Water Management
Plan, that committee was disbanded after its work was
completed, there is now a boom on the San Gabriel River at
Coyote Creek, that was accomplished by means of lobbying
efforts with the City of Long Beach, there are now filters on
the storm drains, the Chamber of Commerce has adopted this
issue and do a beach cleanup each month with hundreds of
volunteers, reclaimed water has been explored should that be
feasible in the future, positive strides have been made. He
offered his belief that there was not Council support for a
local committee, if that were to be done privately he would
lend his support.
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Councilman Antos moved to approve the formation of an Ad Hoc
Volunteer Water Committee in Seal Beach that would not
involve using any City resources or staff to explore a
variety of water questions and eventual report to the City.
Councilmember Campbell asked if such committee would have
standing. The Mayor responded that in his opinion if the
Council creates the body it then becomes subject to the
provisions of the Brown Act, an ad hoc committee consisting
of volunteers does not meet that criteria therefore he could
see a required action of the Council. The City Attorney
confirmed that the manner in which the motion was phrased it
would not require a motion to create a volunteer committee
with no City resources or staff. There was no second to the
motion.
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Campbell moved, second by Doane, to table the request to form
a Volunteer Water Committee as stated.
AYES:
NOES:
Campbell, Doane, Larson, Yost
Antos Motion carried
CITY COUNCIL MEETINGS - ORAL COMMUNICATIONS
Councilman Antos stated that this item is basically a
discussion relating to Consent Calendar items. He noted that
there is presently an oral communication public comment
period where anyone can speak to any item they wish for the
allotted five minute time period, yet the language relating
to the Consent Calendar states that the items are enacted by
one motion unless removed by staff, Council, or a member of
the public for separate action, however the way the
proceedings are presently if a member of the public removes a
Consent Calendar item they must speak to the item under Oral
Communications, yet under Oral Communications the Councilor
staff can not respond or answer their questions. His
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suggestion would be that if an item is removed from the
Consent Calendar by a member of the public it would seem that
that should not count against their public comment period and
that their comments be allowed when the removed Consent
Calendar item is considered, that would allow the public to
ask a question and receive an answer, and moved that the
Council change the current procedure. Councilman Doane
offered that under the current procedures any member of the
audience can request any item removed from the Consent
Calendar, they can not speak to the item at the time it is
being considered yet they can speak to the item under Public
Comments, if there is a question a response can be given when
the item is being considered, if the public is allowed to
speak to any item removed from the Consent then it makes
every item a public hearing, his feeling is that the
procedure currently in place works. The City Attorney
confirmed that to be an accurate explanation, noted that
under the Brown Act the public is entitled to provide their
input and address the Council prior to any action being
taken, Seal Beach like other cities provides that opportunity
at the beginning of the meeting, the public has the
opportunity to ask questions. He explained that there are in
fact two ways to address a question, at one point the Brown
Act did not allow members of the Council to respond at all,
that procedure was taken back to the legislature with an
explanation that that actually circumvented the intent of the
Brown Act, to that the Brown Act was amended to allow the
Councilor staff to briefly respond to questions which can be
done at the end of the Public Comment period or at the time
that the item is individually considered.
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Council indicated their agreement with the comments of
Councilman Doane. There was no second to the motion.
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PROPERTY LINE WALL HEIGHT REOUIREMENTS - REVIEW REOUEST
Councilman Yost noted that he had received a call from a
resident of the Hill explaining that he had a six foot high
wall, he also had a trellis with shrubbery, a neighbor wanted
to rebuild the wall, it was rebuilt, the trellis was again
placed on the wall, however when it was inspected he was
informed that the wall then exceeded the legal height limit.
In looking at pictures of the wall with the trellis
Councilman Yost said he did not feel it was something that
would be a detriment to the community, at present the height
limit for walls is six feet yet many people grow shrubbery
above that, also if there is shrubery that is within one foot
of the wall and grows higher than the wall it does not meet
Code, the same with a trellis. Councilman Yost said he was
seeking Council input to determine if this would be something
that they wound not want to see changed, Councilman Antos had
suggested that the issue be forwarded to the Planning
Commission to consider a possible change to the Code, in his
opinion a six foot wall is not very high, does not offer much
privacy, by allowing two additional feet or a trellis or
shrubbery to grow above the limit would enhance privacy, he
noted too that currently ten feet is allowed along major
thoroughfares and arterials. Yost moved, second by Doane, to
refer this matter to the Planning Commission for
consideration.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
4-14-03
CONSENT CALENDAR - ITEMS "H" thru "CC"
Doane moved, second by Yost, to approve the recommended
action for the items on the Consent Calendar as presented.
H.
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
1. Adopted Resolution Number 5119 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH SUPPORTING THE RESTORATION OF
FUNDS TO THE STATE OFFICE OF MILITARY SUPPORT
IN THE TECHNOLOGY, TRADE AND COMMERCE OFFICE."
By unanimous consent, full reading of
Resolution Number 5119 was waived.
J. Approved the minutes of the March 24, 2003
regular adjourned and regular meetings.
K. Approved regular demands numbered 41353
through 4163l in the amount of $1,821,059.96,
ADP payroll demands numbered 2842524 through
2842618 in the amount of $100,593.98, and
authorized warrants to be drawn on the
Treasury for same.
L.
Received and filed the staff memorandum
relating to the sand berm removal
anticipated to be the week of May 5th
to May 9th.
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M. Adopted Resolution Number 5120 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, AUTHORIZING A
BUDGET AMENDMENT, NO. 04-04, FOR THE INCREASE
IN ANNUAL AUDIT FEES DUE TO THE IMPLEMENTATION
OF GASB 34. By unanimous consent, full
reading of Resolution Number 5120 was waived.
N. Adopted Resolution Number 512l entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, AUTHORIZING A
BUDGET AMENDMENT, NO. 03-25, FOR THE INCREASE
IN CONTRACT PROFESSIONAL SERVICES FOR THE
REPAIR OF TWO POLICE PATROL VEHICLES. By
unanimous consent, full reading of Resolution
Number 5121 was waived.
O.
Adopted Resolution Number 5122 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, AUTHORIZING A
BUDGET AMENDMENT, NO. 03-27, FOR GENERAL FUND
EXPENDITURES FOR MISCELLANEOUS ADJUSTMENTS
OVERLOOKED DURING BUDGETING PROCESS" - (Special
Departmental - transportation expenses; Office
Supplies - elections; Contract Professional
Services - Police Support Department - County
processing fee increase for parking citations;
Parking Citation Revenue - increased parking
citation revenue). By unanimous consent, full
reading of Resolution Number 5122 was waived.
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R.
S.
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4-14-03
P.
Adopted Resolution Number 5123 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET
AMENDMENT, NO. 03-28, FOR POOL, MAINTENANCE
SERVICE CONTRACT," and
authorized the City Manager to execute the
contract with Service First Commercial Pool
Systems for the period of one year from the
date of execution with provision for a year
to year written extension not to exceed an
additional five years.
By unanimous consent, full reading of
Resolution Number 5123 was waived.
Q. Bids were received until April 2, 2003 at
10:00 a.m. for Project Number 50099, Annual
Paving Rehabilitation, at which time they
were publicly opened by the City Clerk as
follows:
Palp - dba Excel Paving
Alliance Streetworks,
Inc.
Alt. A
$114,474.00
$l24,630.00
Alt. B
$165,268.00
$176,130.00
Awarded the Annual Paving Rehabilitation, Project
Number 50099, to the lowest responsible bidder,
palp - dba Excel Paving in the amount of
$165,268.00 and authorized the City Manager to
execute the contract on behalf of the City.
Approved the restructuring of the Administrative
Services Department and the City Manager's office
to: 1) Replace the part-time Assistant Finance
Director position and contract accountant position
with a full-time Accounting Manager;
2) Convert an account clerk position to accounting
technician and create one part-time
account clerk position; 3) Transfer employee
benefits portion of human resources to the
Administrative Services Department, all other
personnel issues to remain in the City Manager's
office; 4) Eliminate the part-time intern position
in the City Manager's office; 5) Create
full time Management Analyst/Human Resources
position; and 6) Create a short term contract
with the existing Administrative Assistant to
help with transition issues.
Bids were received until March 27, 2003 at
10:00 a.m. for the Boeing Pump Station
Replacement, Project Number 49725, at which
time they were publicly opened by the City
Clerk as follows:
Clarke Contracting Corp.
Pascal & Ludwig Constr.
Paulus Engineering, Inc.
Value Engineering, Inc.
AtlaS-Allied, Inc.
Denboer Engineering and
Construction
Olsson Construction, Inc.
$512,970.00
$517,613.08
$564,964.00
$618,900.00
$628,660.00
$669,200.00
$756,406.00
4-14-03
T.
Awarded the contract for the Boeing Pump Station
Replacement, Project Number 49725, to the lowest
responsible bidder, Clarke Contracting Corporation,
in the amount of $512,970.00, and
authorized the City Manager to execute the
contract on behalf of the City.
Approved the plans and specifications for Seal
Beach Boulevard Pavement Rehabilitation, AHRP,
(Old Ranch Parkway to St. Cloud Drive), Project
Number 50098, and authorized staff to initiate
the bidding process.
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U. Adopted Ordinance Number 1495 entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY
OF SEAL BEACH AND THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM." By unanimous consent, full reading of
Ordinance Number 1495 was waived.
V. Awarded the contract for Landscape Maintenance
Services for parks, medians and facility grounds
to Mariposa Horticultural Enterprises, Inc., and
authorized the City Manager to execute the
contract on behalf of the City.
w.
Accepted the proposal of MuniFinancial for Special
District Administration of Surfside Colony
Reassessment District No. 2000-1 for fiscal
2003/04, and authorized the City Manager
to execute the Agreement on behalf of the City.
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X-I. Approved the sale of various surplus properties
as listed in the staff memorandum at auction
(vehicle stock).
X-2. Declared the portable stage to be surplus, and
donated said stage to the Seal Beach 10/5K Run, a
non-profit organization, who in turn will make
the stage available to other local groups.
Y. Received and filed the staff memorandum relating
to an upcoming water rate study session to be
held on Monday, April 28th, 2003.
Z. Accepted the proposal of MuniFinancial for
Special District Administration of Street
Lighting Maintenance District No. 1 for fiscal
year 2003/04, and authorized the City Manager
to execute the Agreement on behalf of the City.
AA.
BB.
Approved the introduction and first reading of
Ordinance Number l496 entitled "AN ORDINANCE OF
THE CITY OF SEAL BEACH AMENDING SECTION 5-30,
NO. 35, TABLE 15-a, OF CHAPTER 5, ARTICLE 1, OF
THE CODE OF SEAL BEACH COMPRISING PART 2 OF
TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS,
THE 2001 CALIFORNIA BUILDING CODE." By unanimous
consent full reading of Ordinance Number 1496 was
waived.
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Adopted Ordinance Number 1497
ORDINANCE OF THE CITY OF SEAL
enti tled "AN i
BEACH, CALIFORNIA,
4-14-03
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT
NO. 2002-02 (SEAL BEACH BOULEVARD/LAMPSON AVENUE
LANDSCAPE MAINTENANCE) CALLING A SPECIAL ELECTION
FOR JULY 22nd, 2003. By unanimous consent, full
reading of Ordinance Number 1497 was waived.
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CC. Approved the extension of the current contract
with the Orange Coast Marketing Coalition for
the placement of trash receptacles, and authorized
the execution of same on behalf of the
City.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
It was the order of the Chair, with consent of the Council,
to declare a recess at 8:08 p.m. The Council reconvened at
8:18 p.m. with Mayor Larson calling the meeting to order.
RECONSIDERATION - ORDINANCES NUMBERED 1496 and 1497 - CONSENT
ITEMS IIMI\ and "BBII
Upon the advice of the City Attorney, Yost moved, second by
Campbell, to reconsider the Ordinances under Consent Calendar
Items "Mil and 'IBBII.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
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The Director of Development Services read in full the title
of Ordinance Number 1496 relating to Roof Assemblies, and the
City Attorney read the title in full of Ordinance Number l497
calling the Community Facilities District Special Election.
Yost moved, second by Larson, to re-introduce and adopt
Ordinance Number 1497.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
Yost moved, second by Doane, to re-introduce and approve
first reading of Ordinance Number 1496.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
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ORDINANCE NUMBER l498 - LEGAL NONCONFORMING RESIDENTIAL
STRUCTURES - ELIMINATION OF EXPANSIONS OR ADDITIONS
The City Manager pointed out that this item is accompanied by
an urgency ordinance that requires a four-fifths Council vote
to approve. The Director of Development Services presented
the staff report, explained that this item comes to the
Council on recommendation from the Planning Commission and is
part of the outgrowth of issues that were on appeal of a
property on Electric Avenue with regard to expansions to a
nonconforming residential structure, those issues were
referred back to the Planning Commission for study sessions,
the Commission received public input at their meeting of
March 5th, at the conclusion of the study session and hearing
public comments the Commission recommended on a five to zero
vote that the Council consider amending the Code to no longer
allow additions and expansions of existing legal
nonconforming residential structures. The Director said if
the Council agrees with that recommendation and instructs
staff to prepare the necessary zone text amendmen~ it is also
4-14-03
suggested that the Council consider adoption of the interim
ordinance, that will preclude people from trying to submit
applications under the current provisions of the Code and the
City trying to deal w~th how to process such applications
during the period that staff will be preparing amendments to
no longer allow that type of application. He noted too that
the Ordinance places a forty-five day limitation on
processing applications, during that time period staff will
bring a report back to the Council under public hearing to
extend the Ordinance if the amendments can not be prepared
within the initial time period, and confirmed that it is
known that the amendments can not be accomplished within the
forty-five day time frame.
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Councilman Doane commended the Planning Commission, and moved
to accept the Commission recommendation and adoption of
Ordinance Number 1498 entitled "AN INTERIM ORDINANCE OF THE
CITY OF SEAL BEACH ENACTED PURSUANT TO CALIFORNIA GOVERNMENT
CODE SECTION 65858 PROHIBITING MINOR OR MAJOR STRUCTURAL
ALTERATIONS, ENLARGEMENTS AND EXPANSIONS TO CERTAIN
NONCONFORMING RESIDENTIAL BUILDINGS AND USES DURING THE
PENDENCY OF THE CITY'S REVIEW AND ADOPTION OF RELEVANT
PERMANENT ZONING REGULATIONS AND DECLARING THE URGENCY
THEREOF." Councilman Antos seconded the motion. By
unanimous consent, full reading of Ordinance Number l498 was
waived.
Councilmember Campbell inquired if someone wanted to remodel
a bathroom does this mean they could not. The Director
explained that the Interim Ordinance will not allow anyone to
expand an area of a room in their legal nonconforming
structure, yet they can remodel within the confines of the
existing perimeter walls but they could not increase the
floor area of the structure. With reference to a one story
cottage type home, Councilmember Campbell asked if they could
add a second story or enlarge a porch area. The Director
responded that they could enlarge the porch as it is not
habitable living space, however any addition of a living
area, if the structure is nonconforming for density, setback,
parking, or whatever the situation may be, would not be
allowed to be considered by the City for legal nonconforming
properties, if a residential property meets all of the
development standards for the zone area that it is in an
addition would be allowed, this Ordinance only applies to a
legal nonconforming property, a great majority of
applications that the City deals with are existing two unit
or larger developments in the Old Town area. Councilmember
Campbell asked if the residents want this change, to that
Councilman Antos responded that they do. Mayor Larson said
it is quite likely that there will be people questioning this
action, they will have an opportunity to voice their opinions
at the time of public hearings, the proposed Ordinance merely
keeps things status quo until the Code amendments are
prepared. The City Attorney explained that the Urgency
Ordinance is for a period of forty-five days, in accordance
with Section 3 thereof there will be a public hearing on this
matter to extend the time period, the actual date will be May
l2, 2003, at that time there will be an opportunity for
public input. Councilman Yost inquired as to the
requirements to enact an urgency ordinance. The City
Attorney directed attention to Section 1 of the draft
Ordinance, explained that the Council will need to make those
findings, the key findings under the Government Code are
identified under Section 5, basically a current and immediate
threat to the public health, safety, and welfare presented by
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4-14-03
I
minor or major structural alterations, etc., the Section goes
further to state that approval of such expansions, minor plan
reviews, or conditional use permits will result in a threat
to the public welfare, those are the key findings. Mayor
Larson said from his experience when people hear of this
being proposed and should there not be an urgency ordinance
there would be innumerable applications submitted, with the
ordinance it will maintain the normal process pending
adoption of new regulations. Councilman Yost offered that he
has a problem with people expanding legal nonconforming
residences, especially those that are legal nonconforming due
to parking which increases the density of the area.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
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MAIN STREET ENCROACHMENT PERMIT POLICY
The Director of Public Works presented the staff report,
explained that this item deals with whether or not the City
desires to regulate encroachments on Main Street, during the
past nine months staff has brought proposals to the Council
in an effort to bring closure to this issue. It is proposed
to inventory everything on the Street, inform the owners if a
corrective action is necessary, and issue a no fee
encroachment permit to them, thus streamlining the process
for the business owners, the bench standards have been
modified which will allow two benches to face each other, the
sign ordinance will be held in abeyance since it confuses the
issues between benches and encroachments and sandwich board
signs until there is a Code review process, Public Works will
install items such as bike racks as funds become available,
and it is confirmed that there will be no outdoor dining.
The Director recommended adoption of the Policy as submitted.
Antos moved, second by Yost, to adopt the Encroachment Permit
Policy.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
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PROPOSED RESOLUTION - ON-STREET PARKING REGULATIONS /
LAYOUT - SEAL BEACH BOULEVARD
The Director of Development Services presented the staff
report, noted that this item comes to the Council as a
recommendation of the Planning Commission as an outgrowth of
the Commission hearing relating to the next agenda item, the
General Plan Amendment, Zone Change, etc. relating to the
Limited Commercial zoning standards on Seal Beach Boulevard
between Pacific Coast Highway and Electric. As part of the
discussion at the Commission an issue was raised about the
parking regulations and parking space layout that currently
exists on Seal Beach Boulevard, the Commission indicated
concern based upon the comments presented and forwarded a
recommendation to the Council to authorize staff work with a
consultant to undertake a parking study and analysis of that
area, come back with recommendations as to whether changes
are or are not appropriate, the cost, as indicated in the
staff report, is %7,500 and the Resolution proposed would
make the necessary budget amendment to transfer those funds
into the Professional Services account if the Council
determines such action is appropriate.
Councilman Antos asked if part of this study would be to look
at diagonal parking along this particular area. The
Development Services Director confirmed that that is part of
the proposal. Councilman Antos indicated that it would be
4-14-03
alright to leave that in the proposal yet the street has been
narrowed considerably with the landscaped median, he would
hope that the consultant will look at some of the safety
issues dealing with the backing out of vehicles, sight
clearance, etc. as he would not like to see the area further
restricted and for the travel of emergency vehicles and
regular traffic on that street. He noted that as part of the
ongoing General Plan process, with regard to the Circulation
Element that issue has been raised, and it is believed the
consultants are looking at doing something to allow more
traffic to move along that street from Electric Avenue up to
and through Pacific Coast Highway in that there is a backup
in that area in the morning. The Director mentioned that it
is understood that there are some competing issues that the
consultants are looking at including recommendations back to
the City for consideration. It was confirmed to Councilman
Doane that if the recommendation was for diagonal parking the
Council would have the opportunity to vote on that
consideration. Councilmember Campbell stated she did not
feel that diagonal parking is feasible on that street, it is
not felt there is enough room, it becomes a safety issue, and
it is not felt necessary to spend $7,500 to find that out.
Councilman Antos asked if there were other things that the
traffic consultant would be looking at besides diagonal
parking, the response of the Director was that they would
also look at the current parking restrictions, hourly parking
that is currently signed on the street to determine if it is
appropriate or not, and offered to delete the diagonal
parking issue if that is the desire of the Council.
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Councilman Doane proposed a motion to delete the diagonal
parking study, to which a second was indicated by Councilman
Antos. The City Manager suggested that this item be tabled
and allow the Police Department to do a directed enforcement
of the seventy-two hour parking, see if that resolves the
problem, then it could be brought back to Council if the
desire is to look further at the parking regulations. The
motion was withdrawn by the maker and second. Councilman
Doane moved to table this item and approve the recommendation
of the City Manager to first involve the Police Department.
Councilman Antos seconded the motion.
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AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
PUBLIC HEARING / RESOLUTION NUMBER 5125 / RESOLUTION NUMBER
5126 / ORDINANCE NUMBER 1499 / ORDINANCE NUMBER 1500 - SEAL
BEACH BOULEVARD L-C ZONE REVISIONS - NEGATIVE DECLARATION /
GENERAL PLAN AMENDMENT / ZONE CHANGE / ZONE TEXT AMENDMENT
Mayor Larson declared the public open to consider zoning
revisions relative to Seal Beach Boulevard between Pacific
Coast Highway and Electric Avenue. The City Clerk certified
that notice of the public hearing had been advertised and
mailed as required by law and reported no communications
received relating to this item. The Director of Development
Services presented the staff report, mentioned that this
matter had been referred to the Planning Commission for study
in July, 2002, thereafter staff held two community meetings
to present issues to the affected property owners, received
input from the parties in attendance at those meetings, and
based upon those comments staff prepared the necessary
General Plan Amendment, Zone Change, and Zone Text Amendment
now before the Council for consideration, the Commission held
a public hearing on the 5th of March, 2003, recommended
approval by unanimous votes. The Director noted also that
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4-14-03
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consideration needs to be given to adoption of Negative
Declaration 03-1 which evaluates the environmental impacts of
the project, in this case it is indicated there are no
significant impacts to the environment created by the
proposed changes. The Director explained that the basic
change that is being proposed is to revise the General Plan
and the Zoning Ordinance to allow for separate free standing
residential development to occur on the Limited Commercial
properties on the Boulevard from Electric to north of Landing
Avenue, currently a residential development alone is not
allowed, rather, a commercial use is required and in
conjunction a residential unit can be developed with that
use.
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Mayor Larson invited members of the audience wishing to speak
to this item to come to the microphone and identify
themselves. Ms. Seretta Fielding, Seal Beach Boulevard, said
she favors this project, she owns a business on the Boulevard
and still supports the project. Ms. Fielding said there are
many constraints on the 200 block of the Boulevard, there
used to be the Shore Shop at one end, the Bay Motel at the
other end, that brought in business, those properties have
now become residential, what is left is the isolated 200
block that has been left in the middle. No one that has a
business is being asked to change anything, they are being
grandfathered in, the request is for the opportunity for some
changes on the block to residential, one of the major reasons
for asking this is that there is no Limited Commercial
funding available, for twenty years the block has not
improved, there has .not been one thing built in twenty years,
the reason is that one can not obtain financing on Limited
Commercial because for most commercial you need a $500,000
loan, there is nothing that qualifies for that on a twenty-
five by one hundred foot lot, there is no Limited Commercial
money available, no one is'loaning on Limited Commercial
property, at the time the Limited Commercial went in there
was, the interest rates were also sixteen percent, there is
nothing now. Ms. Fielding said the desire is to allow
residential so that loans could become available for people
to improve their property, one thing that is a must is that
when the Zone Change is adopted it must say 'Limited
Commercial and/or Residential,' the reason that it must say
that is because when the appraisers look at the plot map they
go by how the area is zoned, and if it does not have the
residential zone they will again not be able to loan money on
the Boulevard, her feeling is that this change will improve
the area. Ms. Fielding stated she was speaking on behalf of
Mr. Grossgold as well, unable to be present, who also owns
property on the street and favors the project, this has taken
twenty years and the people would like to see this approved.
Ms. Fielding noted also that every business on the street has
front parking, twenty-four minute parking areas, and every
business on the street, except for herself, has parking in
the rear of their business. Mr. Mario Musso, Ocean Avenue,
noted having appeared before the Council about four years ago
when the Shore Shop property that he owned in the 300 block
was rezoned to residential, and stated he was present to lend
his support for the rezoning of Limited Commercial/
Residential for the remainder of the block for a number of
reasons, it will give the property owners the latitude,
ability, and right to optimize and maximize the use and value
of their property, that will not only increase the tax base
for the City but more importantly it will improve the visual
impact of the street. He requested that the Council support
this change of zoning and in turn improve one of the gateways
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4-l4-03
into Old Town Seal Beach. A man addressed the Council
indicating that he represents the owner of the property at
233 Seal Beach Boulevard, the prior veterinarian building and
the two adjacent lots, the property has been listed for two
and a half years, it had been in escrow at a price of
$650,000, after being in escrow for considerable time that
transaction fell apart because the purchaser, an experienced
builder, could not obtain L-C money, until about four or five
weeks ago he in excess of ninety to one hundred ten verbal
inquiries on the property, as a realtor he had to explain
what L-C was, but nothing came to fruition because of the
lack of funding, since the Planning Commission voted to allow
R-l or an overlay of R-l he now has four builders vying for
this property, they will take it under most any condition,
the offers now are at $l.050 million, every offer that has
come in has a letter of pre-qualification from a bank, the
economics of the market show that as L-C there was no money,
as R-l people are competing to purchase this property, the
rule of economics is proving that this is the best use of the
land.
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Mr. Greg Miller, Seal Beach Boulevard Bike Shop owner,
claimed that the mind of the prior speaker is just to make
money, he does not live in town, owns no property, his
reference was to R-l yet it is not going to be changed to R-
1, it is L-C with an added residential component. The first
page of the agenda item gives a description of all the things
that will be said in that packet, staff has said there is
nothing that shows an economic problem, yet the big problem
is parking, the alley that was referred to one can not get
into or out of, it is extremely narrow, it is one way, one
can hardly make a turn at the end. Mr. Miller stated that
this street has so many problems, they have been heard over
the years, the Council does not want to listen. He said
Councilmember Campbell was right, there can not be diagonal
parking, there is a twenty foot bike lane on the other side
that is not used, it is a waste of roadway, but the Council
made the decision, narrowed the road with him fighting
against it, but now it can be seen that the road is a mess,
he had Captain Schaefer look at the parking violations this
evening, there were many, cars are parked in front of their
driveways, that is illegal, he is going to make a
recommendation, he would personally not be against it but it
is a violation, now they have to move their car, that is
three cars, approximately seventy-five feet of road that was
not taken up before. He claimed there is a very small amount
of green zone, there is a thirty-five mile an hour speed
limit which means you can legally go forty-five miles an
hour, that is in the area of a pre-school, it is a main
gateway to Seal Beach, that room is needed for emergency
vehicles, etc., parking is a problem, if houses are built it
was said that it would bring taxes into the City, yet it is
commercial where the City makes money, not residential, the
Council has destroyed that street and that is why the lenders
do not want to help out, who would want to live on that
street, a street that has that many vehicles, approximately
ten thousand vehicles a day, the street is meant for
commercial. Mr. Miller stated that he is commercial, he is
staying there, other commercial businesses are intending to
stay, the big problem is parking, to have the Police
Department enforce the seventy-two hour parking does not
solve the problem, the first speaker has five cars of her own
that are parked on the street every day, that is fiv~ parking
spaces, her school people take up his customer spaces all
times of the day, if one drives that street in the morning it
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is loaded with cars, if more houses are built it will fill up
because people do not use their garages in this town, the
issue of parking should be looked at before this is approved,
that is why the Planning Commission forwarded the prior
agenda item to the Council, parking is a major problem that
needs to be figured out before a decision on this item is
made. He concluded that there are a few that have worked in
this community for a long time, supported the community, and
he would like some support in return, a better way of life
for this town.
Ms. Seretta Fielding, Seal Beach Boulevard, was allowed the
opportunity of rebuttal. Ms. Fielding stated that what is
before the Council is an issue of rezoning to residential,
not an issue of parking, the primary issue is to rezone so
that people can obtain loans, the rest can be taken care of
later, and pointed out that no other businesses are present
complaining about the parking. There being no further
comments, Mayor Larson declared the public hearing closed.
I
Councilman Antos mentioned that there was a request, assuming
this is approved, that there be some notation on the zoning
map indicating that this is an L-C/RMD, Residential Medium
Density, zone. The Director confirmed that that is the
proposal for the General Plan Amendment and the Zone Change
to change the designation on the map so that it will show L-
C/RMD. with regard to the alley between 17th Street and Seal
Beach Boulevard, Councilman Antos inquired as to its width,
the Director responded that it is twelve feet. Councilman
Antos stated that for a number of years he lived on 17th
Street, on the alley, that he never had a problem bringing
full sized cars down and from time to time he used a motor
home that was approximately twenty-eight feet long, he did
not have a problem making the turn from the alley onto
Landing. Councilman Yost offered that this is somewhat
frustrating, said one of his failures while on Council is not
having stopped the change of zoning from commercial to
residential of the Musso property, no one takes out
residential to put in commercial, commercial is what makes a
City function in terms of funding, however at this stage he
does not know what else could be done in this particular
area. In response to an inquiry of Council, the City
Attorney advised that a motion to adopt the staff
recommendation would be sufficient for this meeting.
Antos moved, second by Campbell, to approve the staff
recommendation to adopt Negative Declaration 03-1 by
Resolution Number 5125 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE
DECLARATION NO. 03-1, RELATING TO GENERAL PLAN AMENDMENT 03-
1, ZONE CHANGE 03-1 AND ZONE TEXT AMENDMENT 03-1, IN THE CITY
OF SEAL BEACH, CALIFORNIA (SEAL BEACH BOULEVARD BETWEEN
ELECTRIC AVENUE TO 125 FEET NORTH OF LANDING AVENUE)," and
I
adopt General Plan Amendment 03-1 by Resolution Number 5126
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 03-l, AMENDING
THE LAND USE AND HOUSING ELEMENTS (LIMITED COMMERCIAL/
RESIDENTIAL MEDIUM DENSITY GENERAL PLAN REVISIONS)," and
adopt Zone Change 03-1 by the introduction and approval of
first reading of Ordinance Number 1499 entitled "AN ORDINANCE
OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 03-1, CHANGING
THE ZONING DESIGNATION FROM GENERAL COMMERCIAL (C-2) AND
LIMITED COMMERCIAL (L-C) TO LIMITED COMMERCIAL/RESIDENTIAL
4-14-03
MEDIUM DENSITY (L-C/RMD) AT 209 THROUGH 309 SEAL BEACH
BOULEVARD," and
adopt Zone Text Amendment 03-1 by the introduction and
approval of first reading of Ordinance Number 1500 entitled
"AN ORDINANCE OF THE CITY OF SEAL BEACH CHANGING THE
DESIGNATION OF THE LIMITED COMMERCIAL (L-C) ZONE TO THE
LIMITED COMMERCIAL/RESIDENTIAL MEDIUM DENSITY (L-C/RMD) ZONE
AND REVISING THE DEVELOPMENT STANDARDS OF THE LIMITED
COMMERCIAL/RESIDENTIAL MEDIUM DENSITY (L-C/RMD) ZONE (ZONE
TEXT AMENDMENT NO. 03-1."
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By unanimous consent, full reading of Resolution Number 5125,
Resolution Number 5126, Ordinance Number 1499, and Ordinance
Number 1500 was waived.
AYES:
NOES:
Antos, Campbell, Doane, Larson
Yost Motion carried
PUBLIC HEARING - SUPPLEMENTAL LAW ENFORCEMENT GRANT - STATE
COPS FUNDS - 2003/2004
Mayor Larson declared the public hearing open to consider
acceptance of funds provided under AB 3229 and the proposed
expenditure of same. The City Clerk certified that the
notice of public hearing was advertised as required by law,
and reported no communications received relating to this
item. The City Manager explained that it is necessary to
hold a public to accept and allocate the State COPS funds,
these are the grant funds for 2003/2004, an amount of
$100,000 is anticipated to cover the costs associated with an
additional police officer or backfill the position through
assigned overtime to continue the community policing efforts.
There being no comments from the public, Mayor Larson
declared the public hearing closed.
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Yost moved, second by Antos, to approve the acceptance of the
2003/2004 Supplemental Law Enforcement (State COPS) funding
of approximately $100,000, that the established SLESF be
authorized to accept such funds, and that approval be given
to allow the Police Chief to expend the funds as detailed in
the staff report.
Councilman Doane expressed his opinion that a decision should
be made as to whether these monies should be used for
overtime or to fill one of the four vacant positions on the
Police force, that should be incorporated into the approval
as to what the funds will be used for, he does not like uhe
options nor paying a premium for fatigue hours, with the
retirements that are coming up this year he feels the City
should seek additional officers so that they can be trained,
he would like to have the motion amended to include
specifying that it includes hiring another officer as opposed
to using the money for overtime. The City Manager responded
that there are retirements forthcoming, he would like to see
how many will opt for the three percent at fifty, just like
the restructuring plan that has been on the Council agenda,
and like the one that was done in the Public Works
Department, a comprehensive report will be brought to Council
identifying where the staffing is, how it is to be paid for,
his concern is piecemealing. Councilman Doane said if this
is approved then will staff bring back a report as to how the
grant monies are proposed to be spent. The Manager responded
in the affirmative, reminded also that the hiring fre~ze is
still in place, a staff report will be prepared to identify
how many of the positions are proposed to be filled, how they
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4-14-03
I
are to be filled, the Council needs to made those decisions.
Councilman Doane stated he would have no objection provided
the Council has a voice in how the money is to be spent.
Councilman Antos said as people retire is staff going to
prepare a policing needs report to show what the retirements
do, what staffing there is, what staffing there should be,
and a direction for the future. The Manager responded that
what is being worked on is a determination as to what is the
bare minimum, the core services, the Council will be made
aware of the minimum staffing at which point the Department
can not fall below and legitimately say that the City has a
Police Department that is functioning, the staff will be
built from there in increments, at some point the Council
will decide to stop at a certain staffing level or at the
core service level, the Council will be given a range of what
is desired to be added. Again it is necessary to know what
the retirements will be first.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
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PUBLIC HEARING / ORDINANCE NUMBER 150l - ZONE TEXT
AMENDMENT - GARAGE SIZE LIMITATIONS
Mayor Larson declared the public hearing open to consider a
limitation on garage sizes. The City Clerk certified that
notice of the public hearing was advertised as required by
law, and reported no communications received. The Director
of Development Services reported that this Zone Text
Amendment is presented on the recommendation of the Planning
Commission at their meeting of December 4, 2002, the basic
purpose of the amendment is to require in the future that if
persons wish to propose to develop a garage on their property
that has a capacity greater than three cars that a public
hearing before the Planning Commission and Conditional Use
Permit would be required. He noted that a problem when there
are very large garage structures proposed is the concern that
portions of those areas could ultimately be converted to some
sort of a non-permitted residential use of the property.
There being no comments from the public, Mayor Larson
declared the public hearing closed.
Antos moved, second by Yost, to approve the introduction and
first reading of Ordinance Number l50l as presented. The
City Attorney advised that some minor clerical corrections
will be made to the Ordinance.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
CITY ATTORNEY REPORT
No report was presented.
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CITY MANAGER REPORT
No report was presented.
COUNCIL REPORTS
Councilman Yost requested that a proclamation be prepared to
declare August 27th as Red Car Day. He also requested that
staff look into some signage for the Red Car, the Car a large
piece of Seal Beach history and maintained nicely as the Red
Car Museum, a sign similar to the sign for Main Street yet
without causing a great deal of expense, any support for the
Historical Society and Red Car would be appreciated.
Councilman Yost also noted that he would not be present for
the next Council meeting as he would be attending a medical
4-l4-03 / 4-28-03
conference.
Antos moved, second by Larson, to excuse the absence of
Councilman Yost from the next meeting.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
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CLOSED SESSION
No Closed Session was held.
ADJOURNMENT
It was the order of the Chair, with consent of the Council,
to adjourn the meeting until Monday, April 28th at 5:00 p.m.
to conduct a Council workshop and meet in Closed Session if
deemed necessary. By unanimous consent, the meeting was
adjourned at 9:13 p.m.
&
Clerk and ex-offi 0
the City of Seal Beach
Approved:
~~~~~
Mayor
Attest:
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Seal Beach, California
April 28, 2003
The City Council of the City of Seal Beach met in regular
adjourned session at 5:45 p.m. with Mayor Larson calling the
meeting to order with the Salute to the Flag.
ROLL CALL
Present:
Mayor Larson
Councilmembers Antos, Doane
Absent:
Councilmembers Campbell and Yost
Councilmember Campbell arrived at 5:50 p.m.
The absence of Councilman Yost from this meeting was excused
by action of the Council on April 14, 2003.
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Also present: Mr. Bahorski, City Manager
Mr. Barrow, City Attorney
Mr. Dancs, Director of Public Works/City
Engineer
Mr. Vukojevic, Deputy City Engineer
Ms. Arends-King, Director of Administrative
Services
Ms. Yeo, City Clerk