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HomeMy WebLinkAboutCC Min 2001-06-25 6-25-01 Seal Beach, California June 25, 2 0 0 1 The budget workshop scheduled for 5:00 p.m. this date was canceled and the regular adjourned meeting rescheduled for 6:15 p.m. I Seal Beach, California June 25, 2 001 The City Council of the City of Seal Beach met in regular adjourned session at 6:18 p.m. with Mayor Doane calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Doane Councilmembers Boyd, Campbell, Larson Absent: Councilman Yost I Councilman Yost arrived at 6:22 p.m. and joined the Council in Closed Session. Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Ms. Yeo, City Clerk CLOSED SESSION The City Attprney announced that the Council would meet in Closed Session to discuss the items identified on the agenda, two potential cases of anticipated litigation pursuant to Government Code Section 54956.9(b), and a conference with the City'S labor negotiator relating to Management/Mid-Management employees pursuant to Government Code Section 54957.6. The Council adjourned to Closed Session at 6:19 p.m. and reconvened at 6:44 p.m. The City Attorney reported that the Council had discussed the items identified on the agenda, gave direction to staff, no reportable action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:46 p.m. Approved: ()~- ay r 6-25-01 Attest: Seal Beach, California June 25, 2001 I The City Council of the City of Seal Beach met in session at 7:21 p.m. with Mayor Doane calling the order with the Salute to the Flag. regular meeting I to ROLL CALL Present: Mayor Doane Councilmembers Boyd, Campbell, Larson: Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Interim Director of Public Works/ City Engineer ' Chief Sellers, Police Department Ms. Beard, Director of Parks, Recreation, and Community Services Ms. Arends-King, Director of Administrative Services Mr. Cummins, Associate Planner Mr. Bernard, Public Works Assistant Ms. Yeo, City Clerk I APPROVAL OF AGENDA Councilman Boyd requested that Item "E" be removed from the I Consent Calendar for separate consideration. Boyd moved, second by Larson, to approve the order of the agenda!as revised. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ANNOUNCEMENTS Councilmember Campbell reminded all that school is out, requested safe driving practices, and displayed a sign bearing the words "Keep Kids Alive" suggesting a twenty-five mile per hour speed limit, also made reference to a : proclamation on the agenda relating to Recreation Month, noted that there are seventy-eight thousand acres of;parks in south County as compared to eight thousand in north County, cautious driving is important as children often play'in the streets. Councilman Yost expressed personal thanks to the Recreation and Parks Director and City staff for the efforts put forth to have the wall replaced on Seal Beach Boulevard at Catalina Avenue in an expeditious manner, the residents are most appreciative. He noted too that swim lessons commenced today and went well. Councilman Boyd pointed out that Seal Beach participates in the Fireworks Display at the Armed Forces Reserve Center, a wonderful regional event, and announced those who donated monies this year towards: the I 6-25-01 I City's $5,000 share of the event, Boeing .$1,500, Lange Homes $500, Hellman Properties $500, and on behalf of the Orange County Fire Authority wished all a safe and sane 4th of July. Mayor Doane read a letter on behalf on the residents of the 1700 block of Catalina Avenue expressing appreciation for the repair and heightening of the wall along Seal Beach Boulevard, a letter also from Mr. Rallis on behalf of Trees for Seal Beach expressing appreciation to the City for their cooperation and support with regard to the Beach Party Fund Raiser, a successful event that exceeded their target for ticket sales, and upon receipt of the final event bills there should be sufficient money remaining to retain professional grant writers to make application for four to five grants for City improvements. Mayor Doane said his understanding is that the net profit from the event is over $20,000. Councilmember Campbell announced the upcoming College Park East Neighborhood Association eleventh annual bike parade and third annual chili cookoff on the 4th of July at Heather Park, food and festivities for all, and invited everyone to attend. I PUBLIC COMMENTS Mayor Doane declared Public Comments to be open. Dr. David Rosenman, representing the Trees for Seal Beach and the Tree Committee, expressed thanks to Seal Beach, reporting there were over seven hundred persons from throughout the community who attended the fund raising event as well as a congressman and County supervisor, a great and rare event. He mentioned that the Tree Committee looks forward to working with the Trees for Seal Beach group. Ms. Lela Donelly, Seal Beach, requested that the Council give consideration to lowering the recreation fees for senior citizens similar to the practice of the Bay Theater, Long Beach State, and the bus transportation. Ms. Seretta Fielding, Seal Beach Boulevard, made reference to agenda item "Q", expressed her desire that the alternative zoning consideration for Seal Beach Boulevard will be a residential overlay. Mr. Ross Delani, Huntington Beach, stated he was present to represent his client with regard to property located at 233 Seal Beach Boulevard, a listing he has had for fourteen months, listings are automatically placed in the multiple listings for Southern California, mandatory with that is identification of the zoning, in this case it is LC, telephone calls from agents are ongoing as they are aware of the lending constraints on limited commercial properties and are reluctant to involve clients in escrows that have an uncertain outcome. He said the 'for sale' sign on the property does not show the zoning regulations yet as a result of the sign he has been inundated with calls, when callers are told the property is zoned LC interest evaporates quickly and attempts to find financing has been to no avail, brokers advise that institutional lenders will not touch LC zoned property and the private sector does not want to lend on such property because of its uncertain future. Mr. Delani mentioned that he received an informative letter from the Development Services Director in which he advised that it will take the City six to nine months to make a decision on the zoning, the Coastal Commission could take another three to six months, no lender will take a risk for that length of time, one buyer did come forward this year, escrow was due to close in April, attempts to find a lender did not happen, the client then agreed to finance the loan for a short period of time while the buyer sought a private investor, to an inquiry of the investor as to the zoning the response was intermediate and undetermined, the investor was then gone, the escrow is in limbo with I 6-25-01 possible litigation. He said zoning restrictions on the use of private property is for the general benefit of the local community, for whatever period of time that the LC zoning has been in affect in this part of Seal Beach there has tieen no apparent new construction or remodeling attempts of ~xisting structures, which brings question as to whether the ThC zoning benefits the community at large and/or property owners, and are there identifiable demographics that show this area to be a viable commercial area on which institutional lend~rs would risk their money, a solution may be to allow the property owners to go residential or LC, giving back the possJssion and enjoyment of their property. Mr. Delani stated that this listing has become a time consumer with no end in sight and his client asked to be let out of the sales contract} real estate text books describe zoning as a policing power for local governments which also carries an implied obligation to protect, in this case to protect the property rightslof the owners of this land. Mr. Glen Clark, Trailer Park, once again thanked the City Council and staff for their sJpport and advice, said if it had not been for the Council Jnd the staff the Trailer Park residents would probably have!been moved from the Park. There being no further comments, Mayor Doane declared Public Comments to be closed. I PRESENTATIONS Mayor Doane read in full the proclamation designating July as "Recreation Month" and presented the Proclamation to the Recreation and Parks Director, Ms. Beard. The Director accepted with appreciation on behalf of the citizens:of Seal Beach for the constant and ever present support for parks and recreation. Yost moved, second by Campbell, to so proclaim. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I APPOINTMENTS BOARDS and COMMISSIONS Boyd moved, second by Yost, to affirm the reappointments to the various City Boards and Commissions as follows: the Archaeological Advisory Committee - Lorraine willey,IDistrict One, Jake Eigenbrod, District Three, Bruce Fitzpatriyk, District Four, Robert "Gene" Vesely, District Five, for the full term of one year; the Environmental Quality Control Board, Joseph Porter, III, District One, for the full term of four years; the Parks and Recreation Commission, Schelly Sustarsic, for the full term of three years; the Planning Commission, James Sharp, District Two, Leonard Cutuli, District Three, for the full term of four years; and!the Project Area Committee, Joseph Ribal, District One resident member, Robert Howson, District One business member,'Loydean Lazich, District Three resident member, and John O'Neil, District Three resident member, for the full term of two years. The District Two appointment to the Archaeological Advisory Committee was held over until the next meeting. I Boyd, Campbell, Doane, Larson, Yost 1 None Motion carried AYES: NOES: I 'CC6NSEl!'iT":CALENDAR.cu,'ITEMS "c" thru' "Q'" Yost moved, second by Boyd, to approve the recommended action for items on the Consent Calendar as presented, except Item "E", removed for separate consideration. ' C. Approved the waiver of reading in full of ill ordinances and resolutions and that consent to the waiver of reading shall be deemed to be giten by , D. I 6-25-01 all Councilmembers after the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. Received and filed the Responses to Comments, Final Environmental Assessment - Surfside-Sunset Beach Nourishment Project, Stage 11, and instructed staff to forward this item to the Environmental Quality Control Board for information purposes. F. Received the Council sub-committee report that no changes to district boundaries are recommended and that a proposed ordinance to not amend the current City Council district boundaries will be scheduled for July 9th. G. Approved the minutes of the re&ular adjourned and regular meetings of May 29t and June 11th, 2001. H. Denied the claim of Phillips Petroleum, et al relating to the Cal Compact Landfill site and directed that said claim be returned as it was not presented within the time required by law. I I. Approved regular demands numbered 33107 through 33329 in the amount of $1,317,646.89, payroll demands numbered 12098 through 12270 in the amount of $194,276.17, payroll liability account 9000606 through 9000617 in the amount of $82,984.54 and authorized warrants to be drawn on the Treasury for same. J. Approved the annual contract as amended between the City of Seal Beach and the Orange County Transportation Authority for fiscal year 2001/02 Senior Nutrition Program transportation. K. Adopted Resolution Number 4908 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS FROM THE STATE OF CALIFORNIA, DEPARTMENT OF BOATING & WATERWAYS UNDER THE PUBLIC BEACH RESTORATION PROGRAM FOR THE SURFSIDE BEACH FEASIBILITY STUDY. By unanimous consent, full reading of Resolution Number 4908 was waived. L. I M. Approved a budget amendment deferring and Re-appropriating capital improvement project funds, Corporation Yard NPDES/Water Quality Facilities 001-50008-043, to the emergency repairs of the sand retention groin in the amount of $27,340.00. Authorized the Mayor to sign letters opposing SB 974 relating to public contracts in charter cities, and SB 1119 relating to bid solicitation in charter cities, and received and filed the staff report. N. Bids were received by the Public Works Department for one Heavy Duty Air Compressor as follows: 6-25-01 Breezer Equipment & Supply Ingersol-Rand Equipment Q-Air California $10,747.85 $l2,175.75 $12,875.00 Awarded the bid for one Heavy Duty Air Compressor to Breezer Equipment & Supply, the lowest responsible bidder, in the amount of $10,747.85, and authorized the City Manager to execute ~the purchase documents. ' I O. Approved the second amendment to Agreement No. 26745 with the City of Long Beach for after hours animal control services for the term I expiring June 30, 2002, and authorized the ,City Manager to execute same on behalf of the C~ty. P. Adopted Ordinance Number 1473 entitled "AN I ORDINANCE OF THE CITY OF SEAL BEACH ADDINGj ARTICLE XV TO CHAPTER 13 OF THE CODE OF THE CITY OF SEAL BEACH PERTAINING TO PARKING I CITATION PROCESSING." By unanimous consent, full reading of Ordinance Number 1473 was I waived. Q. Authorized the Department of Development Services to initiate appropriate studies to consider alternative land uses for the existing General Commercial (C-2) and Limited Commercial (L-C) zoned areas on Seal Beach Boulevard between Pacific Coast Highway and Electric Avenue, General Plan and Zone Change amendments. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "E" - REOUEST FOR OUALIFICATIONS ENVIRONMENTAL IMPACT ANALYSIS CONSULTANTS 1 Councilman Boyd made reference to the request of staff to distribute Requests for Qualifications for Environmerital Impact Analysis Consultants and to initiate a consultant interview process to select a primary EIR consultant and an alternate. He noted that the selection of EIR consultants is done every few years for the purpose of preparing an EIR required for certain projects, his question was why are two members each of the Council, Planning Commission, and Environmental Quality Control Board being appointed to serve as the interview panel, his thought is that the evaluation would be best served by utilizing the professional expertise and skills of staff. Councilmember Campbell mentioned that she and another member of the Council along with their Planning Commission and EQCB representatives served on the interview panel a few years back, all forty RFQ's were reviewed, a spread sheet was prepared, the panel did a good job in their selections. Councilmember Campbell spoke for continuing the Council, Commission, and EQCB panel, and stated she would like to be one of the two Council participants. Councilman Yost said he too would be happy to participate. To the question posed by Mayor Doane as to how the Commission and EQCB participants are to be chosert, Councilmember Campbell stated the Council appointees,to those boards would be those participating. councilmember Yost said his preference would be that the Commission and EQCB:choose I 6-25-01 I their panel members. Councilman Boyd asked again what expertise does the Council, Commission, and EQCB members have to make the choices, his thought was that staff would be better qualified to make the selection of an environmental firm. Councilman Yost suggested that staff be part of the panel. In response to the Mayor, the Development Services Director said he would be willing to place an item relating to interview panel members on the Planning Commission and EQCB agendas if that were the direction of the Council. Councilman Boyd then suggested that if the panel is to consist of the membership as proposed then a designee of the Development Services Director and Public Works Director should also be included. Boyd moved, second by Campbell, to authorize distribution of the RFQ for Environmental Impact Analysis Consultants, to approve the sub-committee of two members each of the Council, Planning Commission, and Environmental Quality Control Board, a designee of the Development Services and Public Works Directors, and that the Commission and EQCB panel members be chosen by those bodies. AYES: NOES: Boyd, Campbell, Doane, Yost Larson Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 7:49 p.m. The Council reconvened at 7:59 p.m. with Mayor Doane calling the meeting to order. I PUBLIC HEARING / RESOLUTION NUMBER 4909 - ADOPTING 2001/2002 FISCAL YEAR BUDGET / BUDGET and FISCAL POLICIES / INFORMATION TECHNOLOGY STRATEGIC PLAN The City Manager explained that the eventual actions requested of the Council will be adoption of the Resolution for the 2001/2002 fiscal year budget, to approve the Budget and Fiscal Polices, the Information Technology Strategic Plan, and provide direction to staff relating to street sweeping and tree trimming fees. The Manager noted that the budget process began earlier in the year, meetings were held with the departments, the budget transmitted to Council, one workshop was held, and now the public hearing and adoption of that budget, the budget is meant to try to accomplish the goals established for the City. A powerpoint presentation detailed aspects of the budget, total resources estimated at $48 million, expenditures of $46 million, the General Fund revenues for 2001/2002 about $16.7 million, expenditures of $16.6, $87,000 of net revenues over expenditures. The top three revenues include Utility Users Tax, Property Tax, and Sales Tax, Police and Fire are fifty-one percent of budget expenditures, there is a ten year contract with the Fire Authority with a 3.5 percent increase for the first five years, 4 percent thereafter, the Undesignated Reserve is about $1.6 million or about ten percent of expenditures, the POA and PMA contract costs have been absorbed at $264,214, the Fire Authority increased cost is $225,000 all of which is not contract costs, some are PERS costs from the time there was a local fire department. Water Fund, $25 million total revenues, a deficit in Water Operations of $537,000, a water rate study will be brought forward sometime in the fall at which time the Council can determine how the deficit is going to be erased, $440,000 is planned to replace water lines in the downtown alleys, there will be some upgrades to the booster station, the Sewer Fund is somewhat better primarily because of the issuance of the Certificates of Participation which will help with a number of capital improvement projects I 6-25-01 this year, the Sewer Fund net revenue is $74,516. There is about $1.3 million proposed for capital improvements, alleys in Old Town are joint projects, some of the cost offset are cooperative grants with the Sanitation District, although they seem to be tightening the restrictions on their grant funds the City was able to obtain those funds this year. The Special Revenues, the General Fund subsidy to Tidelands Beach is $793,000, a large portion of that is due to the sand replenishment project that will be done in the fall for $150,000, information received this date is that the Sunset/Surfside project shortfall was approved by the federal government House Energy appropriations, about $8 miliion, the federal advocate helped to get that money, the Supplemental Law Enforcement project is projected at $68,000. The Capital Improvement Program was reviewed during the budget wqrkshop, the new format breaks out individual projects by funq and an unfunded category which is $36 million. Seal Beach does a lot with the money of others, a contribution of one percent of the General Fund, mostly as matching funds for grant programs, eighty-nine percent of the CIP is grant furids, there is a $23 million CIP for a variety of projectsl including street improvements, storm drains, etc. those shown are usually funded through the General Fund, this yeJr there is not much General Fund money going to Capital Improvements. Councilman Boyd mentioned that when he and two other members of the Council were elected it was often said that the City did not adequately make use of grant monies, yet this coming year $23.4 million is proposed to be spent on Capital Improvement Projects with eighty-nine percent funded;by grant monies. The Manager continued, noted that the unfunded projects are $36 million, as many projects as possible were identified in the Five Year Capital Improvement Program, there may be others not yet identified, the majority 'are streets and storm drain improvements, storm drains are growing ever larger as a component of other projects, the Santa Ana Regional Water Quality Control Board has issued draft guidelines for the next round of water quality permits which tightens restrictions, one requirement will be the videotaping of sewer and storm drain lines thereforelsome significant work will need to be done in those areas as water quality is growing in importance, notice was received this date that the City did receive $30,000 in matching giant funds from the County for drain filters, the next round of funding is believed to be in late summer. The types of capital improvements are sand replenishment, buildings, the pier groin, street and right-of-way projects prior to the point that requires rebuilding of those streets, a lot of projects in College Park East over the past couple of years, Lampson Avenue will be in late August, the cul-de-sac projects are nearing completion, then Fir, Goldenrod, Heather, and Jasmine, and College Park Drive. I I Mayor Doane declared the public hearing open to consider the proposed 2001/2002 fiscal year budget. The City Clerk certified that notice of the public hearing had been, advertised as required, and reported no communications received relating to this matter. There were no comments from the public. Mayor Doane declared the public hearing closed. I Councilman Boyd expressed appreciation to staff for their efforts on the 2001/2002 budget, the Public Works staff with the Capital Improvement Plan and projects of $23 million this year, likely the largest single year expenditure ever, in District One the alleys in the 200 and 300 blocks of l3ili/14ili 6-25-01 I Street and 14th/15th Street will be replaced during the summer, during the 2002 spring/summer season the 14th Street/Dolphin, l3ili/14ili Street 100 block, and the l5ili/16ili Street 200 and 300 block alley replacements, noted also a request from Surfside Colony for creation of a soundwall along the outside of the Colony, that has been placed in the unfunded portion of the CIP budget for which funding will be explored, whether it would be on public or private property will need to be looked at as well. Members of the Council commended the City Manager as well for the budget process this year, the graphs and Budget in Summary document. Boyd moved, second by Campbell, to adopt Resolution Number 4909 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING FISCAL YEAR 2001/2002 BUDGET, SETTING APPROPRIATION LIMIT AND AUTHORIZING APPROPRIATIONS BY FUND." By unanimous consent, full reading of Resolution Number 4909 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried Boyd moved, second by Campbell, to approve the Budget and Fiscal Policies document. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I Boyd moved, second by Campbell, to approve the Information Technology Strategic Plan document. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I STREET SWEEPING and TREE TRIMMING FEES The City Manager requested Council direction relating to tree trimming and street sweeping. With regard to street sweeping he asked if the Council wants to look into weekly street sweeping or stay at the current level of service. Councilman Boyd noted that weekly street sweeping would tend to improve urban runoff collection and ocean water quality, he would support weekly street sweeping. Councilman Yost agreed, every piece of trash that is swept is one less that ends up in the storm drains and ocean waters. Mayor Doane suggested an education program as well, especially on Main Street to educate the merchants to not sweep debris into the gutters, thus the storm drains. As to the cost of increased sweeping, the Manager said the initial estimated increase would be about $.96 per month, through contracting out it is felt the weekly service can be reinstituted as it once was. The City Attorney mentioned that staff is merely seeking direction at this time, before rates can be increased another public hearing will be required as well as a Prop 218 election, the time frame for that process could be up to five months, a mail ballot to property owners affected by the increase. Yost moved, second by Boyd, to reinstate once per week street sweeping. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried with regard to tree trimming, the City Manager stated the staff recommendation is Option 3, encompassing tree maintenance into the fee, rather than possibly removing a tree, would include tree trimming, sidewalk grinding, 6-25-01 sidewalk and gutter removal and replacement where necessary, the current $.50 fee would increase to $2.08 resulting in a total annual fee of $124,800, currently the subsidy from the General Fund is about $19,000, if the intent is to merely reduce the subsidy the increase would be from $.50 to $.92 per month. Councilman Boyd stated he is reluctant to raise fees yet will support the staff recommendation since this will be an election of the property owners, there is also a commitment to preserve the urban forest in Seal Beach. Boyd moved, second by Yost, to support the staff recommendation of Option 3. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost I None Motion :carried I PUBLIC HEARING / RESOLUTION NUMBER 4910 COMPREHENSIVE FEE SCHEDULE 2001/2002 I Mayor Doane declared the public hearing open to consider the 2001/2002 Comprehensive Fee Schedule. The City Manager reported that the proposed changes to the comprehensfve Fee Schedule for 2001/2002 are a .9 percent increase of the Transportation Facilities and Programs Development Fees and Application Fees pursuant to the Engineering News Record, animal licenses for unaltered dogs increased to $25 which is consistent with what other County agencies are charging, contractor business license fee increased 3.7 percent based on the CPI from $157 to $163, a Pool Cash Bond Deposit added in the amount of $500 to cover damage to public improvements and necessary clean up to comply with clean water : regulations, various increases for use of municipal athletic facilities by about $5, and the cost for overhead increased from 15 percent to 18.7 percent based on the CPl. C6uncilman Boyd noted an earlier public comment with regard to senior discounts, and inquired if the City offers discounts for seniors. The Director of Recreation and Parks responded that there are very few classes that offer senior discounts, the recreation programs are through contractors who establish their price for a class, for the most part the City does not offer senior or youth discounts, if a senior discount is considered it would be necessary to seek agreement of sixty contractors, the City programs are directly related to staff costs therefore discounts are not offered but could 6e considered, there are discounts for residents however. I The City Clerk certified that notice of the public hearing had been advertised as required by law, no communications received. There being no comments from the audience, Mayor Doane declared the public hearing closed. Councilman Yost moved to approve Resolution Number 4910 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING THE RATES AND AMOUNTS OF FEES AND CHARGES FOR GOODS, SERVICES AND FACILITIES PROVIDED BY THE , CITY OF SEAL BEACH AND SUPERSEDING INCONSISTENT PROVISIONS OF RESOLUTIONS 4114, 4195, 4234, 4250, 4442, 4494, 4499; 4519, 4545, 4550, 4650, 4718, 4751 and 4816." By unanimous consent, full reading of Resolution Number 4910 was waived. Councilman Boyd seconded the motion for the purpose of discussion. I Councilman Boyd proposed a twenty-five percent senio~ discount for services offered by the City, that staff discuss and seek agreement from the recreation program contr~ctors for the discount for persons sixty-five years of age1and over. Councilmember Campbell indicated that she could not I I I 6-25-01 I support asking the contractors to accept a senior discount, if they object that could in turn hurt the recreation program, their fees are felt to be quite reasonable. Councilman Boyd stated the other issue is in-lieu parking fees, the current charge is $3,500 for a deficit space in the Main Street Specific Plan area, a number of reports have recommended that the charge should be about twice that amount, his recommendation would be that staff be directed to insert the in-lieu space amount as set forth in the most recent study, the Zucker report, if there is going to be in- lieu parking then the charge should be the cost to replace that space otherwise do away with the in-lieu program altogether. Councilman Boyd moved a substitute motion to provide a senior citizen discount of twenty-five percent. Councilman Yost seconded the motion provided that the Recreation and Parks Director not be required to request the recreation program contractors to lower their fees, this would apply to the City run programs. With regard to the impact of doing so, the City Manager noted that an increase in aquatic fees was recently approved by Council to offset utility costs, and concurred with the statement that with a senior discount nothing would then be gained. The City Attorney clarified that the motion on the floor is to amend the original motion to adopt Resolution Number 4910, to include a twenty-five percent senior discount, initially stated to negotiate with the recreation contractors, the second favored adoption but not the negotiation. I Councilman Boyd restated his motion to amend Resolution Number 4910 to include a twenty-five percent senior discount for City services provided to persons of sixty-five years of age and over. It was noted that the budget was just adopted and now it is proposed to be amended, possibly the discount issue should be postponed pending a report as to the impact. The City Manager suggested that the Resolution be adopted with subsequent discussion of the senior discount and in-lieu parking issues. Councilman Yost moved a substitute motion to approve Resolution Number 4910 as presented, and that a report be prepared for Council consideration of the impact of the twenty-five percent reduction. Mayor Doane seconded the motion. It was clarified that a public hearing would be required to amend the Fee Resolution. Councilman Larson noted too that Council just adopted the budget, there is very little flexibility, also, that he would have an obligation to vote in favor of a senior discount. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I Councilman Boyd offered to not consider the in-lieu parking issue at this time. PUBLIC HEARING / RESOLUTION NUMBER 4911 - ESTABLISHING FINES - PARKING VIOLATIONS Mayor Doane declared the public hearing open to consider parking violation fines. The City Clerk certified that notice of the public hearing had been advertised as required' by law, and reported no communications received relating to this item. The City Attorney reminded that the Council adopted an ordinance at the last meeting to transfer the processing of citations to a private firm who have in fact 6-25-01 been doing the processing since 1995, subsequent this the public hearing the Council may then consider adoption of the Resolution, and pointed out that staff did a survey of six other cities in an attempt to bring the penalty schedule into line with other similar beach oriented cities. Councilmember Campbell inquired if the 'For Sale' fine is when a vehicle is parked where it should not be, her understanding is that a for-sale vehicle can be parked in a driveway but is not supposed to be parked on a street, noting that in her area there is a problem with for-sale vehicles being parked at the parks. There being no comments from the audience, Mayor Doane declared the public hearing closed. I Yost moved, second by Campbell, to adopt Resolution Number 4911 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING FINES RELATING TO PARKING I VIOLATIONS." By unanimous consent, full reading of Resolution Number 4911 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion ~arried APPEAL ARCHITECTURAL REVIEW - MIXED USE STRUCTURE ~ 229 SEAL BEACH BOULEVARD - MILLER - RESOLUTION NUMBER 4906 Councilman Yost noted that one of the parties involved in this matter is unable to be in attendance, and moved to continue the item, not being present hampers the ability to respond or hear answers to the appeal directly. Question was raised as to whether there are any timing restraints. The response of the City Attorney was no, the City has complied with the Streamlining Act, this matter was heard by the Planning Commission, the Council public hearing has been closed, since it was a quasi-judicial process the Council can not entertain any further testimony or evidence in deliberations, therefore if the intent is to continue the matter consideration may be given to reopening the public hearing or it can be continued until the applicant can be present. The City Attorney confirmed that the letter dated June 25th could not be given consideration as it was ~ot presented during the time of public hearing, the hearing related to architectural review of the property, thelevidence was heard, the hearing was closed, the merits of the' application need to be based on the evidence heard before the hearing was closed, matters relating to different proposals should not be part of the Council deliberations in considering whether this application complies with the City Code and discretion of Council under that Code to review the architecture. There was no second to the motion of Councilman Yost. I Councilman Boyd moved Alternative 2, where it is within the discretion of the Council under the review process as set forth in the LC Zone provisions of the City Code, to require a three foot setback of the proposed structure from the existing structure to the south, his reason is that there is a consistent setback required of other proponents of projects on that street and should be placed on this project as well, zero lot lines were denied the Musso project for their residential units, he does not believe that zero lot lines should be allowed for a commercial project as well, it is felt that the residents and property owners are in favor of a residential use of Seal Beach Boulevard. Councilmember Campbell seconded the motion. I 6-25-01 I Councilman Yost noted the reference to the Musso project, that is residential, the residential component of this project actually has a five foot setback, it is the commercial that has the zero setback, expressed his concern with altering something that has been previously approved and permitted through the City with no changes and meets City Code, to him it is like changing the rules after the fact, some of the issues that Ms. Fielding raised do not make sense, her building sits right on the property line with a courtyard on the opposite side, almost a mirror image of what this plan would be, therefore he has a problem with denying that. He said he is aware that people want the street to be residential but once the commercial is gone no one ever takes out residential to put back commercial, commercial is what is needed to pay the City's bills, the first source of income in Seal Beach is the utility users tax where in most cities the number one source of income is retail sales tax, this area does not generate a great deal of sales tax however if the street is improved he would prefer to give the LC Zone more time to see if it works, yet the property owners would not like that because if the zoning is changed to residential they make more money. Mayor Doane noted that the structure is proposed to be six inches from the existing mixed use structure to the south, his understanding was that Mr. Miller intended to butt up to the existing building. The Director of Development Services said he believed testimony from the public hearing indicated Mr. Miller's willingness to do that, however in reviewing this further with the building plan check engineers he can technically not have the buildings right next to one another because there needs to be some distance allowed for seismic sway and independent flex of the walls in the event of an earthquake, and to the issue of debris, etc. there is a requirement that the sides and the roof line be sealed to where nothing can get into that area. Councilman Boyd said this matter is not a previously permitted project, it is within the purview of the Council, as it was the Planning Commission, to review the architectural features of this project looking at good land use and what would be best for the future of the street, as mentioned the street is leaning towards residential as the highest and best use, the reason for the motion to require a three foot setback is to bring some consistency to these properties whether the use be residential or commercial, this setback would not adversely affect the proposed project. Councilmember Campbell stated that something that seems to be lost is the in-lieu parking, if he goes with commercial he will get in-lieu parking, in-lieu is simply buying a parking space that does not exist, that could impact the people that live on this street, she can not understand why in-lieu parking is being allowed where it has never been allowed before simply because it has LC zoning, she has concern about setting a precedent, making the parking situation worse. Councilman Boyd agreed, in-lieu parking serves zero purpose, however what is before the Council is an architectural review. Councilman Larson noted that in-lieu parking may not be good however one needs to look at what has come into the City in recent years, without in-lieu most would have been turned down, that is a fact that needs to be considered, if there is no in-lieu parking then there will be many projects denied because they do not have the required parking spaces, and the City is not in a position to condemn parts of Main Street or adjacent streets in order to build a parking structure, noted also that the Planning Commission recommended consideration of changing the zoning on this area of Seal Beach Boulevard years ago. Mention was again made I I 6-25-01 that the concern is that in-lieu parking has not been used in this'particular area before. Councilman Boyd restated his motion to adopt Alternative 2, also inquired if this would continue to provide for a five foot setback for the residential portion of the property. The response of staff was that the Alternative relates only to the commercial portion of the project, there would be no change to the setback for the residential portion. I AYES: NOES: Boyd, Campbell, Doane, Larson , Yost Motion Icarried LEGISLATIVE ADVOCACY CONTRACT - MANATT/PHELPS/PHILLIPS The City Manager mentioned that this is an item cont~nued from the last meeting where certain concerns were raised with the contract, in the interim staff was provided the Aame of another advocacy firm, the Manatt firm provided a li$t of their clients, the Council has the options of selecting the Manatt/Phelps/Phillips firm or alternatively the Gon~alves & . Son firm, a letter from that firm an attachment to the staff report, take no action, or provide staff with furthet direction. Councilmember Campbell stated she had co~tacted three of the cities served by the Gonsalves firm, spoke with the City Managers of Yorba Linda, Bellflower and the Assistant City Manager of Lakewood, some of their comments were that the firm knows people on both sides of the,aisle and is respected, they are influential, effective, not perceived as being one party oriented, cost should not be a determining factor, the probabilities of being successful should be the criteria, a Republican firm in SacrameAto right now would be useless, they are one of the best firms, especially for small cities, integrity is unquestionable, responsible for getting millions of dollars into the budget of one city, they provide accurate information, another city has had the Gonzalves firm for over twenty years, approved a five percent increase for them given their effectiveness, works well with both parties, etc. Councilmember Campbell stated that if an advocacy firm is going to be considered she would propose Gonsalves & Son given their respect and that they work well with both sides of the aisle. Counciiman Yost asked if there is a list of bills or projects that would have been altered by the City having a lobbyist at a cost'of $24,000 per year plus expenses. The City Manager noted as an example the Coastal Conservancy Grant coming up on the agenda, in that case the City Engineer just happened to receive a call as a result of a legislator looking through all of the unappropriated and unincumbered funds in order to raise the State reserve to $3 billion, the caller advise that the City was about to lose $300,000, there was extensive staff time spent, numerous phone calls, etc. to work out an arrangement to save that $300,000, that is a situation that happens countless times throughout the year, that primarily precipitated this request, it would be much easier to make one call to have a problem resolved rather than extertsive staff time. He mentioned too the productiveness of the City's federal advocate, Del Smith, has done a lot for sand replenishment, attempting to get the Navy to clean their property, etc., in the recent Sunset/Surfside project one of the major contributors was the State for $3.85 million for sand replenishment, there are a lot of specialties that Seal Beach needs to engage in, the City is always looking,for money for the groin project, that would be a specialty legislation that needs to be researched, there are Prop 12 and 13 grants that are going to be coming up, there Jre also I I 6-25-01 I requests that receive continuous review where it would be advisable to have a firm that could talk on behalf of the City. There are future projects that will have an impact, that is funding for acquisition of the wetlands also funding for someone to work on behalf of the City to assure that Seal Beach will be part of that process, the Rivers and Mountains Conservancy is always looking for money as well, this advocate could work on their behalf as well, staff does not have the time or expertise to follow up on available funding. Mayor Doane made reference to the Trees for Seal Beach group that just raised $20,000 to do some of the things that are being mentioned along with this agenda item, and since there are two firms being looked at, possibly this should be postponed until it is seen how much impact the Trees group will have as a result of their fund raiser and their willingness to work with the City, there may be a duplication of effort, his feeling is that the Council is not prepared to make a decision on this matter at this time. Councilman Boyd agreed that it is important to involve everyone having an interest, however pointed out that time is of the essence on a number of these matters, the State budget is pending, it is not felt that this can be delayed. As to the comment of Councilmember Campbell, Councilman Boyd explained that Manatt/Phelps/phillips is a democratic law firm, Chuck Manatt has been Chair of the State and National Democratic Committees, it is believed that Mr. Baugh was brought into the firm as the local representative as well as Ms. Deemer who has been the executive director of the Building Association, they will be focusing attention on Orange County, Republican additions at the local level, their qualifications are outstanding, they are a large law firm with a strong environmental practice, the Gonsalves firm are good lobbyists as well yet it is not felt there will be any stronger representation than through Manatt/Phelps/ Phillips, and their services are basically half the price, possibly a little more direct attention in that Mr. Baugh knows the needs of the City, the City having been the beneficiary of his nearly $1.3 million grant requests that the City has received. He noted that if the City is not satisfied at the end of a year another firm can be retained. I Councilman Boyd moved a substitute motion to retain the services of Manatt/Phelps/Phillips by approval of the contract proposed. Councilman Larson seconded the motion. I Councilman Larson stated that both firms are qualified, both have respect on both sides of the aisle, the Gonsalves firm started as basically a contract city representative, the League of Cities does general representation of all the cities and they avoid getting between one city and another, Seal Beach needs a presence to deal with those situations that are peculiar and unique to Seal Beach, the State people need to know that the person is a Seal Beach representative, someone the City Manager can contact to make the City's position known, he would have nothing negative to say about either firm, Manatt however is offering a lesser price. To a question of the Mayor and Councilman Boyd, Councilmember Campbell responded that she did not ask for a quote from the Gonsalves firm, the quote was contained in a letter to the City Manager, and she did not check the references of Manatt, and reiterated several of the comments made by the three cities she had contacted. It was mentioned that the quote of the Gonsalves firm was $4,000 per month. Councilman Yost mentioned that spending $24,000 plus expenses for this service makes him uncomfortable, he was not certain if an 6-25-01 attempt had been made to negotiate with the Gonsalves firm, at present about ninety percent of City projects have grant funding, the City has done a fairly good job, possibly another quote should be obtained or find a way to retain such services at a more reasonable price, yet it is not to say that the City would not benefit, the energy crisis will have an impact on obtaining funds as well, acknowledged that funding assistance will be needed for the wetland ' restoration, yet he would still like to see more information. Councilman Boyd indicated surprise in that the federal advocate received Consent Calendar approval without discussion. I Vote on the substitute motion to retain the Manatt/Phelps/ Phillips firm at a cost of $2,000 per month, also that all unreasonable expenses should be subject to approval before incurred, such as travel, etc.: 1 AYES: NOES: Boyd, Larson Campbell, Doane, Yost Motion failed Councilmember Campbell said the recommendation for Golsalves came from Assemblyman Harman. Councilman Yost moved to request the City Manager to obtain additional information from both firms, one of his questions is what specific bills would have been altered by their presence during the past year, what services can be expected, what skills do they have to help with the wetland acquisition process for Hellman, of concern is the contract before the Council for $2,000 per month plus expenses. Mayor Doane again stated he wanted information as to the plans of the Trees for Seal Beach group, their areas of expertise; and seconded the motion. Councilman Yost said he would make that part of his motion. I AYES: Campbell, Doane, Larson, Yost NOES: Boyd Motion ,carried Councilman Larson advised that no lobbyist group is ~oing to say they have superior inside information with any p~rticular legislator or that they can get any bill through, nor that they can not do it, and it is against the law for them to make an agreement that their fee will be based on successful results, they can only use their best efforts. Again with reference to the Trees group, Councilman Larson stated they are going to prepare grants, but there needs to be ai legislative advocate to get it through. Question again was what would have been different with advocacy services, thus far the City is doing a good job. Councilmember Campbell stated she believes that the City does need a lobbyist, her contacts all said that the special interest groups are well represented where the cities scramble because they use public funds, at this point the State is looking at all appropriations that are not funded. PARKING METERS - MAIN STREET - FEASIBILITY OF The City Manager stated this is merely a request for staff to explore the feasibility, cost and implementation issues of parking meters on Main Street, at the last meeting the Parking Committee meeting felt it was time for staff to work up some options and information so that they could t~en make an informed recommendation to the Council. The intent is to bring this to the Council before expending staff time and then find there is no interest in this issue, this would I " 6-25-01 I include the various technologies for parking meters, accounting systems, collection, repair, phasing, to do all at once or a portion of Main Street, financing for the meters or on a pay-as-you-go system, one of the things the Committee learned after the residential parking permit issue was that there needs to be community outreach, that everyone is aware of the project, obtain views from the various segments of the community, learn the concerns, then look at issues such as enforcement, marketing, education, and aesthetics, that is basically the scope of work if approved, once the report is completed it will be provided the Parking Committee, then forwarded to the Council. Mayor Doane noted that the Committee is awaiting this information. Councilman Boyd conveyed his personal feeling of no meters on Main Street however it is felt some analysis needs to be done to prove benefit to the City right or wrong, his feeling is that parking is never going to be solved, it will be a continuing problem, the real problem is when there is too much open space and not enough businesses doing well enough to support the City, his inclination is to vote no to the dedication of staff time to this although he would not hinder the request as it will come back to the Committee for further discussion. I Campbell moved, second by Larson, to approve the request. Councilman Yost stated he has basically taken a position against parking meters as it is felt it would alter the character of Main Street, and inquired as to the length of time anticipated to compile the report. The City Manager responded possibly sixty to ninety days, staff resources are available. The Mayor mentioned this is merely a feasibility study, this will not bind a particular course of action, and Councilman Larson said if it is not done then the City will forever be thinking it should study parking meters. Councilman Boyd said he would then support the request. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I RESOLUTION NUMBER 4912 / AGREEMENT - CALIFORNIA COASTAL CONSERVANCY - SAN GABRIEL RIVER BOOM The City Manager stated this is a request to execute an agreement with the California Coastal Conservancy for the funding of planning, environmental and design of a boom for the San Gabriel River, the amount is $300,000, the original funding was $450,000 of which $150,000 is designated for the Master Plan, once the agreement is signed it will encumber and protect the funds from being utilized for other State needs. He noted too that a meeting will be held with the City of Long Beach, Los Angeles County, and the Orange County Flood Control District to work cooperatively on this project, the Seal Beach portion of the project is the study, design and environmental work, the other agencies will be looked to for financing of the actual construction or Prop 13 grant funds. Yost moved, second by Boyd, to adopt Resolution Number 4912 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA COASTAL CONSERVANCY." By unanimous consent, full reading of Resolution Number 4912 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried 6-25-01 POLICY STATEMENT - COVERED ROOF ACCESS STRUCTURES The Associate Planner presented the staff report, explained that the request is for adoption of a Policy Stateme~t with regard to covered roof access structures, under Section 28- 2317 of the Municipal Code certain non-habitable architectural features may be applied for and approved through a height variation process by the Planning , Commission, approximately ninety-nine percent of those types of applications are for covered roof access structures that protrude above the height limit to a roof deck with J landing and a door. He pointed out that in 1991 the Planning Commission adopted a policy statement which set the maximum size for CRA's depending upon the type of construction or stairwell, at that time staff believed that the Policy Statement had also come to the Council for adoption. The Associate stated however that about six months ago a]circular stairwell came before the Commission and it was realized that that type of construction had not been considered in 'the pOlicy, and through research it was realized that th~t Policy Statement had not come before the City Council, it has since been resubmitted to the Commission at which time it was adopted with a memorandum to the Council encouraging adoption, also stressing that they had not approved any covered roof access structures that deviate in any way from the policy Statement adopted by the Commission some ten years ago, the request of Council is that the Policy be adopted. Councilman Boyd noted that this is primarily a District One issue and is consistent with past approvals. Boyd moved, second by Yost, to approve the Policy Statement relating to covered roof access structures. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion i \ carried I CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. COUNCIL COMMENTS , Councilmember Campbell recalled mentioning at the last meeting a problem relating to the hours of commencement of construction work which is presently 7:00 a.m. Monday through Saturday, her suggestion was to allow 7:00 a.m. Monday through Friday and change Saturday to 8:00 a.m., and requested that an amendment to reflect same be placed on the agenda for the next meeting. The city Attorney stated that could be done if there is no object from the Council. No objection was voiced. Councilmember Campbell noted an item in the Fee Schedule that dealt with inspection of wood shakes and wood shingles, her request would be to explore outlawing those types of roofing materials in this community, this based upon the fire hazard that such materials pose and the experience with serious fires in College Park East. !Mayor Doane mentioned that imitation shakes and shingles were shown at the Home Show that were absolutely fire proof. The City Manager suggested that staff provide a memo to Council relating to this issue that will set forth the rules and regulations and then if need be place the matter on the agenda. Councilman Larson explained his experiences ,with regard to the roof industry, they hire ex-Fire Chiefs as , inspectors and the issue of wood versus rock is taken very seriously. Councilman Yost extended congratulationsjto Mr. Caviola and the Trees for Seal Beach Foundation for their I 6-25-01 / 7-9-01 I beach party, and thanks to staff for their efforts with the overlay of Coastline Drive, it looks wonderful. Councilmember Campbell too expressed appreciation for the paving of the cul-de-sacs in College Park East. Councilman Boyd requested that staff bring forth to Council the renaming . . of Seal Beach Boulevard to Ocean Avenue between Electrlc Avenue and Pacific Coast Highway, this has been a consensus with the residents throughout the area. The City Manager suggested that staff layout the process to Council in the form of a memorandum. Councilman Larson requested that signs be installed that prohibits cell phones at meetings, a suggestion that he also proposed to the League. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, that the meeting be adjourned until Monday, July 9th at 6:30 p.m. to meet in Closed Session. By unanimous consent, the meeting was adjourned at 9:30 p.m. I Approved: A4~ , / / Attest: Seal Beach, California July 9, 2001 The City Council of the City of Seal Beach met in regular adjourned session at 6:35 p.m. with Mayor Doane calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Doane Councilmembers Boyd, Campbell, Larson, Yost I Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk The City Attorney advised that anyone wishing to speak to the items listed on the agenda could do so at this time. No one addressed the Council.