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HomeMy WebLinkAboutCC Min 2000-01-10 i~10-00 " Seal Beach, California January 10, 2000 I The City Council of the City of Seal Beach met in regular session at 7:21 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Chief Cushman, Lifeguard Department Ms. Beard, Recreation and Parks Director Ms. King, Director of Administrative Services Mr. Dorsey, Assistant to the City Manager Ms. Yea, City Clerk I WAIVER OF FULL READING The City Council, by unanimous consent, waived the reading in full of all ordinances and ~esolutions and that consent to the waiver of reading shall'be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried APPROVAL OF AGENDA Mayor Yost, requested that the Item "J", the December 13th, minutes, be removed from the Consent Calendar for separate consideration as he was absent from that meeting. Boyd moved, second by Campbell, to approve the order of the agenda as revised. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I It was the order of the Chair, with consent of the Council, to recess this meeting until the conclusion of the Redevelopment Agency meeting. The City Council meeting reconvened at 7:53 p.m. with Mayor Yost calling the meeting to order. PUBLIC COMMENTS Mayor Yost declared Public Comments to be open. Mr. Jim, Caviola, Ocean Avenue, made reference to the issue before the Planning Commission this past week relating to bed and breakfast facilities, the discussion related to restoring two old homes, the taking of a one and a half bath home and making it into a seven bath facility with six bedrooms on the front of the property and to the rear the other old house over a garage for a total of twelve rooms on two lots with 1-10-00 insufficient parking, said this is an intensification of zoning, no intensified use of any property in this town is wanted, there is the downtown, Main Street, no more, no hotels anywhere are wanted. Mr. Caviola claimed that the City Manager just said this would be discussed at this meeting, but over the weekend a member of the Council said it would not. He said properties were noticed within three hundred feet of the property on which the houses are proposed to be placed yet the zone change affects the whole City, if this issue were to be heard at this meeting that would be only five days since the Commission meeting, that is not right, favors for developers will not be welcomed, there is one small commercial district, that is all that is wanted. Councilman Boyd noted that the agenda reflects that the bed and breakfast issues will be continued until February 14th, however the Manager suggested a brief discussion and Council direction. Mr. Dave Bartlett said he was representing the property owner of 308 - 7th Street relating to the bed and breakfast use, there appears to be considerable misinformation on this proposal, to think that hotel facilities, as was referred to, would spring up allover Old Town was not the intent, and to the news article over the weekend that erroneously identified the location of future bed and breakfast facilities, by means of red dots, allover Old Town, said he would have no involvement with such a project, and with some refinements it is felt the appropriateness of the location on 7th Street does not represent an increase of density, in fact would be less dense by what is allowed by the residential zoning. Mr. Bartlett said he would like an opportunity to speak with the people who have indicated opposition to this application, to present what is believed to be the facts such as there are not twelve rooms, there are modifications being made to the interior and exterior of the homes but it needs to be remembered that the Proctor house was built without electricity or plumbing so there.must be modifications, it would need to be brought up to Building Code, it is a different type of occupancy, public use, suggesting again some type of public forum. Mayor Yost responded that a community workshop was an option, discuss if there.is some way to save those homes that is compatible with the interest of the community, such a session maybe within the next week or so. Mr. Bill Vermeulen, Seal Beach, said he too was opposed to the discussion at Planning Commission, if these are historic homes then how could one put in seven bathrooms, that is not preserving the homes, there must be an alternative to bed and breakfast use, he also does not agree with putting two of the homes on one lot, it was said too that there would be no height restriction, variances for the proximity to the property line, and parking would not be an issue. As a result of the news article people are wondering if this could occur next to their home, creating concern, and to him, to tear down a historic home and make it into a bed and breakfast housing ten to twelve people, that is increasing density. Ms. Sue Corbin, Seal Beach, said she too has strong feelings on this issue, it was wrong to agendize this matter and circumvent the Planning Commission. She offered that there is no criteria for a seventy-five year old house, these are shells of houses, it is unfortunate that there are not real historic houses to preserve. Ms. Corbin mentioned the 8th Street house that was recently condemned, if someone wanted to save historic homes that 1905 house was a classic that should have been preserved, but not as a bed and breakfast, how can such a facility be put next to someones home, with the intensified uses in the alleys and on Main Street parking is being moved into the residential area, I I I . 1-10-00 I that is destroying the quality of life, it is absurd to try to put these mini-hotels in residential areas. Ms. Joyce Parque, 6th Street, stated her opposition to rezoning the whole town, it is not certain that spot zoning is proper for this, in the late 1970's when downzoning was the issue there were numerous public hearings, first was from three units to two units, the process commenced again with the downzoning from two units to single family, this zoning proposal needs to be noticed to the entire town. She said she is not against preserving old homes, she has done that, in this case if the applicant wants to preserve two such houses he should purchase another lot and put one unit on each. Ms. parque mentioned the Ruby's float in the Rose Parade yet she did not see a sign that said some of the contributions were from the City of Seal Beach, they seem to be proud of the money that they owe the City. Mr. Glen Clark, Trailer Park resident, thanked the Agency for looking at some of the problems in the Park, coming to some conclusions and moving somewhat further along, however said he would like to take exception to an Agency comment alleging that the people in the Park are trying to get a little more than they should, to which he explained that all persons had to go through a means test to reside in the Park to begin with, since that time there are some that may have had a promotion, making a little more money, people should not be kicked out for that, that is not thought to be what the system of justice would allow, the residents should not have to go through a means test every year to be allowed to live in this low to moderate, income Trailer Park, once is thought to be enough. Mr. George Turney, Ocean Avenue, said he too is against the rezoning proposal or allowing any type of bed and breakfast in the City, he prefers Seal Beach to be single family residences, that is why people are attracted here. Mr. Robert Cruvello, Central Avenue, thanked Councilman Boyd for his District One representation. with regard to the Trailer Park suggested that the City may just want to own and lease the subject replacement trailer, take the tax benefits, therefore not have to give it to the Park owner. Mr. Cruvello asked if Seal Beach has a vision of what it wants, it is said Long Beach will be putting in a restaurant, market, maybe Home Depot on Pacific Coast Highway, talk of a hotel on First Street, bed and breakfasts coming up, that is a considerable amount of traffic, makes one wonder if Seal Beach wants to be a Lido Island or a Coney Island, it impacts the people, the value of property, the Council is leading the City, there should be a vision, and the people should know what the vision is. Mr. Ray Molinex, Trailer Park, mentioned that it was said to move into the Trailer Park one had to qualify that they were low to moderate income, his occupation is construction, some years are good, some bad, if the Park said he made too much money in one year would they make him move out and maybe move back the next year, suggested that people not be kept in poverty, he would not like to leave the Park, his neighbors and friends. Mr. Reg Clewley, Seal Beach, said his understanding is that for persons now residing in the Park the rent increase will be 7.8 percent, however for new tenants there is a possibility that the rents will go up, go up to what degree, the cost of living or what the owner had requested initially, that would seem to be an incentive for the owner to rid himself of current tenants by means of cancellation of the lease and seek new tenants of whom he can charge more, that is .a concern of his as a property owner. with regard to the public hearings that were scheduled for this meeting relating to the overlay zone, Mr. Clewley said he did not see how the Krenwinkle House could be restored on I I 1-10-00 the proposed premises, a new roof is on, this would be taking the remnants and placing it atop a parking structure which gives the appearance of a three story building, it is questionable if the Krenwinkle House will fit within the height limits of the City, it is a concern as to how one could even consider reconstruction given the reconfiguration of the foundation with parking underneath, it would no longer be a historical structure, it is a possibility that these structures could spring up allover, even where they are not wanted. Mr. Owen Brooks, 7th Street, four year resident, said he does not mind bed and breakfast facilities in town but not next to his residence, this is coming forth as an attempt to maintain or restore a historical structure but in fact it is a commercial venture, if there had been a bed and breakfast next to his home when he purchased it would he have bought, probably not, that should be kept in mind. Ms. Rita Brenner, Trailer Park, thanked the Council for the consideration that was given the Park residents, also thanked those comprising the Committee who have spoken on behalf of the residents. Ms'. Brenner said she has lived in the Park since 1975, has seen many changes, and to her recollection does not remember people being scrutinized as to their ability to live there. The Park was redeveloped with the assistance of the Redevelopment Agency, the Park was to have been monitored every year, which it has not, suggesting that it should be. Mr. Phil Zimmerman, 1200 East Ocean, Long Beach, said he represents Toll Brothers of Pennsylvania, provided the Council with a packet of information, he stated the firm does not build hotels, multi-residential, or shopping centers, they build only top quality single family residential. Mr. Zimmerman said the firm has made a substantial cash offer to the Department of Water and Power to purchase the DWP site, have been working with the DWP for over a year with regard to a number of their sites, and should the Seal Beach site be determined for residential it is felt the development Toll Brothers would propose would be a considerable asset to Seal Beach. To a question of Council, Mr. Zimmerman explained that the proposal is based on larger lots than those surrounding, it is believed the proposal was an arbitrary number of eighty-five or ninety homes spread over ten acres, it is realized that some of the property is not buildable due to the dedications, they may look to acquire the Captains Locker commercial property for an integrated project. He said when the actual planning takes place Toll will work with the City to come to an understanding that will provide a top quality development, larger homes on larger lots, certain lots on Ocean would be an example of size, they are presently building in Coto 'd Caza, Carlsbad, property above Yorba Linda, they build in about twenty-one different states, and are the second largest home builder in the world. Mr. Chris Verholtz, 8th Street, owner of the property on 7th Street for the proposed bed and breakfast facilities, reminded that the Krenwinkle House was to have been moved to the State Lands property as part of the Hellman Ranch project, when that fell through there was no location for the House, the Krenwinkle and Proctor houses both sit on double lots, developers are interested in purchasing the Proctor property to build two houses, they are aware of the bed and breakfast proposal and are now interested in the home being relocated and renovated. To that he said two lots were purchased on 7th Street where one could legally place two single family dwellings, the lot coverage would be about forty-eight percent of the fifty- eight hundred square feet, the neighboring properties are an attorney operating under a conditional use permit and an I I I 1-10-00 I eight-plex on a fifty foot lot, about four times the lot coverage that is presently allowed, directly across from the property is an auto repair and the Raddison Inn. He mentioned having moved and renovating the Shea house some years ago to Landing and 14th Street, has lived in it, however a bed and breakfast has been something he and his wife have looked at for a number of years. Mr. Verholtz said the property is adequate for two houses under the regulations of today, the two lots have been merged into one to accommodate the older houses that were built with a wider floor plan than homes of today, the homes would not sit side by side but one behind the other, allowing the lot coverage to be less than if two custom homes were built. As to renovation, to meet seismic standards the interior plaster would need to be removed, sheer paneling put in place, the Proctor House would need a foundation as it was only built on piers and beams, the exterior architecture would be preserved, the interiors would be reconstructed new while attempting to save as much of the interior woods, etc. as possible, yet they would have new drywall, electrical, plumbing, insulation, roofing, etc. Mr. Verholtz said the proposal to the City was to move and preserves these homes, the Krenwinkle House was to have converted to a museum with public access, convert these homes to bed and breakfast use within the confines of the City Code, the citizens ~ould have the opportunity to view the interior of the homes, the City would receive the bed tax, the project would have double the parking spaces required for two single family dwellings, eight off-street spaces, and with the vacancy factor occupancy would probably be fifty percent for about six months of the year and only he and his wife for the remaining months, thus the impact of the project he proposes is less than the two single family dwellings that could be built without hearings or whatever. Mr. Verholtz said he too would like the opportunity to meet in a public forum with the citizens to review and discuss their questions and concerns. Mr. Rene Bollen, Seal Way, said he owns the building next to the proposed bed and breakfast project, he bought that building to be in a small city like Seal Beach, not in a City like Long Beach, with this proposal he does not know what kind of impact it would have on his property, he is supportive of the idea to save these houses but not to make them into a bed and breakfast, if the desire is to save them they should live in them, not place one of the homes on top of a parking garage, he does not believe that people will come to Seal Beach to stay in these houses, and if this business is not a success, what will happen then. Mr. Bruce Bennett, 4th Street, expressed his opposition to the concept of bed and breakfasts in Seal Beach, parking has been reduced a number of times, even the traffic circle reduced parking by eight spaces, which put an additional burden on 4th Street, he understands that the concept to have a place to build and create a business sounds fine, but the community over the years has focused on a concept of a residential community. He said as the Planning Commission suggested, the issue of whether you have or authorize bed and breakfasts should be considered long before the City opts to approve, review, or accept this concept, the City may lose some revenue but it can always cut back on expenditures, the issue of having bed and breakfasts in town needs to be considered first, his recollection is that the General Plan does not discuss bed and breakfasts, that is the first thing to look at. Mr. Bennett said it seemed as if this issue came up rather quickly, and as previously stated, did not appear that the public had much time to consider it, there needs to be a more I I 1-10-00 open forum, maybe use the election process for concepts which could give better guidance to the Council. Mr. Bennett again suggested consideration of the concept first, look at the General Plan, then consider the issue of historic buildings, if these are seventy-five years old there are also buildings a hundred years old, they could be restored, purchase by the City is another option, but to shroud a business under the concept of preservation seems strange, bed and breakfasts just do not seem to fit this City, the pendulum of growth and no growth swings back and forth, it seems to have swung over the past year. It was said with seven units there may be fifty percent occupancy, and as to parking, most families have between two and four children, and a like number of cars. Mr. Ken Hook, twenty year Seal Beach resident, said he wished to speak in favor of this project, it is a means of saving some old homes, something different needs to be done to save them because they are going to be torn down, if someone is willing to spend money to save them then there needs to be a means of getting that money back, not many people would spend the money to renovate the house and then live in it, that would be too expensive. He agreed with the prior speaker that it is a concept as to whether bed and breakfasts are wanted in Seal Beach, he personally has no problem with it, agreeing too that possibly this should be discussed with more people, the Seal Beach Inn is an example of what brought him to the City and made him want to buy property here, this is also a means for the City to make some money, a better clientele, and two old homes in the area proposed will be an improvement. There being no further comments, Mayor Yost declared Public Comments to be closed. I COUNCIL ITEMS I PRESENTATION - DEPARTMENT OF WATER AND POWER PROPERTY Mayor Yost said as a result of having done research as to the background relating to the Department of Water and Power site he wished to make a presentation entitled DWP Then and Now for information of the public, and expressed appreciation to the Seal Beach Historical Society for providing much of the documentation. * Power Plant - the original steam plant built in 1922, damaged by the 1933 earthquake, restored to operation in 1934, decommissioned and demolished in 1967 after the Haynes Power Plan was built further inland; * The Original Power Plant - that land placed in the Redevelopment Agency in 1968, in 1973, as part of the Land Use Element revision, the area was studied and designated as 1/3 park and 2/3 residential and/or commercial uses, in 1974 Seal Beach Associates, Mr. Dawson, submitted a plan for up to fifty luxury homes and a three acre park; * In 1976 the California Coastal Commission was charged with: developing a coastal plan for the State, identifying open space lands in the Coastal Zone for acquisition for public use, a group of citizens petitioned the Coastal Commission and formed the San Gabriel Pacific Park Society; I * The Coastal Commission identified this site for acquisition for the reasons of location near the beach and San Gabriel River, public ownership by the Department of Water and Power, a multi-acre site, and I I I 1-10-00 vacant; * In 1976 the Coastal Conservancy was created by the legislature to implement the State's open space policies to prepare plans for open space acquisition, prepare restoration plans for open space and/or wetland restoration, and assist local governments in obtaining loans/funding for projects; * By 1978 many citizen workshops were held with much of the community participating, ideas ranged from a cultural mini convention center/theater with commercial on the ground floors and luxury condos on the upper floors, and much of the property left as park space to using all of the property as park; * After much effort and citizen participation a plan for thirty percent development and seventy percent open space was put forward, the plan was to be paid for by grants and loans which would be repaid by the commercial segments of the project; * Due to political changes locally and in Washington, funding was not available and negotiations with the DWP became difficult; * with no public funding available, the City turned to private developers with stipulations that seventy percent was to be open space, thirty percent development, and a hotel of three hundred rooms and visitor serving commercial to keep the land in public domain; * Recognizing that there were no public funds to purchase the site, nothing happened, the DWP changed its mind about selling the property and wanted to lease the site, there was an economic downturn, asbestos was found on the property, and DWP at one point put the property on the list for another power plant; * In the mid 1980's Seal Beach Associates tried to resurrect the development agreement with the City to develop a senior care facility instead of a hotel, this went nowhere; * In the late 1980's there as asbestos cleanup on the property, however some questions remain about the depth of the cleanup; * From about 1989 through mid-1994 the Mola development of the Hellman land was going on and DWP did not want to get into a similar situation, the economic situation was tenuous, other hotels in the area were not doing well, and DWP was interested in working by their terms; * In 1994 the DWP contacted the City to reactivate the Request for Qualifications proposal process, and the DWP specific plan advisory council met to study the Specific Plan; * The DWP specific plan advisory committee met a number of times throughout 1995 and recommended changes to the Specific Plan, DWP raised concerns about a 'taking', a conflict of interest among the members, and the use of a 1983 environmental study, and the Coastal Commission 1-10-00 expressed concern about public access and parking, not using the First Street parking lot; * In 1996 there were Specific Plan revisions which included deletion of theater from open spaces defined, decrease of hotel rooms to one hundred fifty, deletion of allowing greater number of rooms by City Council authorization, decrease of building height in open space to fifteen feet, deletion of use of First Street parking lot, valet parking to be on-site, underground parking subject to police approval, and allowance for compact parking spaces; I * From 1996 forward the DWP, in financial difficulty, moved the site up on its priority list for sale and appeared to be serious about going forward, DWP marketed the property at $3.5 million with encumbrances specified in the Specific Plan of seventy percent open space, zoning for a hotel of a maximum one hundred fifty rooms, several bids have been put forth, some are for residential; * Requirements for development include a Coastal Permit issued by the California Coastal Commission inasmuch as Seal Beach does not have a local coastal plan, adherence to all local laws and ordinances, consistency with the Specific Plan; * Section 30222 of the California Coastal Act states that "the use of private lands suitable for visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial development, but not over agriculture or coastal-dependent industry"; I * Coastal Commission staff comments in 1982 were that "their preference is for visitor serving commercial, the concept plan, which included condos, was acceptable only because it included commercial uses, a residential-only development will not be looked upon favorably, there must be a substantial visitor-serving commercial element to the development, in the event visitor-serving commercial cannot be developed, the Commission has been known to not allow any development to take place in the hopes that a commercial use will be found in the future, the seventy percent open space, thirty percent private development division of the land is still a mandate"; * Another alternative - the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy - after legislative efforts key support was obtained and AB 1355 (Havice) and SB 216 (Solis) were passed, on October 7th, 1999 Governor Davis signed into law the creation of the Conservancy; I * What is a Conservancy - "to acquire and manage public lands within the Lower Los Angeles River and San Gabriel River watersheds, and to provide open-space, low-impact recreational and educational uses, water conservation, watershed improvement, wildlife and habitat restoration and protection, and watershed improvement within the territory" ; 1-10-00 * At the November meeting of the Orange County League of Cities Mayor Yost was unanimously elected to the governing board of the Conservancy, one other seat has been assigned to Long Beach Councilman Colonna, eleven seats are yet to be assigned; I * Since 1976 the DWP site has been on the high priority list for public land use for the reasons - it is one of the last large open spaces along the River and the beach, it is vacant, it is owned by a quasi-public agency, the DWP, and funds have not been available for acquisition, possibly until now; * If the Parks and Bond Act, Proposition 12, is approved in March, the newly formed San Gabriel River Conservancy will receive twenty-five million dollars to acquire land in the San Gabriel River watershed "to be preserved and enhanced for the enjoyment of, and appreciation by, present and future generations", the Coastal Conservancy will get two hundred twelve million dollars; * A resolution is proposed to support Proposition 12, the Parks and Bond Act to be forwarded to the legislators, other cities and organizations; * If there is a property which could represent a 'crown jewel' in the Conservancy, the DWP site is it; * The stars are aligned for a park - there is presently a budget surplus, Coastal Conservancy and San Gabriel River Conservancy may get a large infusion of cash, there is a real commitment on behalf of the public to save and create more coastal open space, the Coastal Commission is probably more liberal than it has ever been, the Coastal Conservancy has had an interest in the property since its creation, the San Gabriel River Conservancy is designed for such a project. I RESOLUTION NUMBER 4775 - SUPPORT - PROPOSITION 12 - PARKS AND BOND ACT OF 2000 Resolution Number 4775 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH IN SUPPORT OF PROPOSITION 12, THE SAFE NEIGHBORHOOD PARKS, CLEAN AIR, CLEAN WATER AND COASTAL PROTECTION BOND ACT OF 2000." By unanimous consent, full reading of Resolution Number 4775 was waived. Boyd moved, second by Yost, to adopt Resolution Number 4775 as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I Councilman Boyd inquired as to inclusion of the Hellman wetlands and projection of costs. Mayor Yost responded that he would propose both the Hellman wetlands and the DWP property to the Conservancy, there is no cost projection at this point. PROPOSED WHISTLEBLOWER ORDINANCE Councilmember Campbell recalled that this type of ordinance was proposed in 1991, was not enacted however her opinion is that it is timely to consider this again, and inquired why the backup was not placed in the previous agenda packet as had been requested. The City Manager responded that the ordinance was prepared in 1991, had not had City Attorney review, and there may be case law that has evolved since that time. Councilmember Campbell said her intent was to have the 1-10-00 City Attorney review the previously prepared ordinance, review of State and federal laws as well, this is meant to protect the employees, in 1991 there was also a proposed complaint procedure, outlining a complaint process, there is also a copy of an ordinance from the City of West Hollywood that also raises interesting points. Campbell moved, second by Boyd, to refer this matter to the City Attorney for review of the 1991 ordinance, complaint procedure, and State and federal laws. As a point of clarification, Councilman Boyd asked if the intent is to refer this to the City Attorney for review of any additional protection that could be extended to employees over and above State and federal laws as well as a grievance process, the response was affirmative. The protection afforded by the civil Service system was mentioned, the response to that was that it does not offer protection to department heads, there is no intent to change the form of government, and the motion was restated. The percentage of employees under Civil Service was reported to be approximately eighty-five to ninety percent. Councilman Boyd mentioned that he had sat as a member of the Civil Service Board prior to becoming a member of the Council, it serves a vital function under the Charter, this may go a step further in that a number of employee complaints that are dealt with end up in litigation, that costs the taxpayers money, there are really no winners, therefore he would support review by the City Attorney to determine if there are additional ways to possibly alleviate the litigation process, the Council can thereafter consider adoption or not. Discussion continued. Councilman Doane asked if the existing Civil Service Board could afford protection to the employees in question or would that be a conflict. Members of the Council indicated that they would not want the requested review to be a costly process. As a point of clarification, the Manager said in the past five to ten years he did not believe there has been a personnel related claim that cost the City even a fraction of $100,000 per year. I I Vote on the motion to refer to the City Attorney for review: AYES: NOES: ABSTAIN: Boyd, Campbell, Yost Doane Snow Motion carried The City Attorney said he would review this matter to determine if such ordinance would in fact provide additional protect to existing State or federal law and whether the ordinance is consistent with those laws. It was again requested that the complaint procedure also be reviewed as it applies to the Charter. CONSENT CALENDAR - ITEMS "D" thru "J" Boyd moved, second by Campbell, to approve the recommended action for items on the Consent Calendar as presented, except Item "J", removed for separate consideration. I D. Approved regular demands numbered 25939 through 26099 in the amount of $641,413.09, payroll demands numbered 06098 through 06325 in the amount of $285,898.41, payroll liability account 9000031 through 90000166, and authorized warrants to be drawn on the Treasury for same. 1-10-00 E. Received and filed the Monthly Investment Report for November, 1999. F. Adopted Resolution Number 4776 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING LOT LINE ADJUSTMENT NO. ll-99-1, FOR PARCEL 3 OF SURFSIDE COLONY, ALSO KNOWN AS A-45, SURFSIDE." By unanimous consent, full reading of Resolution Number 4776 was waived. I G. Adopted Resolution Number 4777 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING LOT LINE ADJUSTMENT NO. LL-99-2 FOR PARCEL 1 OF SURFSIDE COLONY, ALSO KNOWN AS B-34, SURFSIDE." By unanimous consent, full reading of Resolution Number 4777 was waived. H. Approved the comment letter to the Southern California Air Quality Management District proposed Rule 1190, Clean On-Road Vehicles For Government and Airport Operations, authorized the Mayor to sign said letter, that this item be forwarded to the Environmental Quality Control Board for information purposes, and received and filed the staff report. I. Received and filed the Building Department Activity Summary for November, 1999. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "J" - COUNCIL MINUTES Mayor Yost stated his abstention was due to being absent from the December 13th meeting. Boyd moved, second by Doane, to approve the minutes of the meeting of December 13th. AYES: NOES: ABSTAIN: Boyd, Campbell, Doane, Snow None Yost Motion carried ZOETER SKATE PARK - FUNDING REOUEST The City Manager explained that the request is to utilize Park Improvement Funds to pay the balance due for the skate ramps at the Zoeter Skate Park. Boyd moved, second by Doane, to approve said request. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I RESPONSE LETTER - DRAFT SUPPLEMENTAL EIR - BOLSA CHICA WATER TRANSMISSION LINE and WASTEWATER SERVICE PROJECT Yost moved, second by Boyd, to approve the response letter relating to the Draft Supplemental EIR, Balsa Chic a Water Transmission Line and Wastewater Service Project prepared by California Public utilities Commission (Application Nos. 98- 11-003 and 98-11-015), instructed staff to forward this item to the Planning Commission and Environmental Quality Control Board for information purposes, and received and filed the staff report. 1-10-00 Councilmember Campbell inquired if this proposes taking the transmission line down Wisteria. The Director of Development Services responded that it is on the easterly side of the Balsa Chica Channel, confirmed that this is the line that would bring water into the Koll project, explained however that this letter forwards comments to the Environmental Impact document that was prepared by the Public Utilities Commission for the proposed water line that would serve that Balsa Chic a project, the letter comments on environmental impact that could be realized by this community if the PUC determines to approve that construction project. Councilmember Campbell made reference to page seven that states 'the issue is vitally important to the residents of Seal Beach which adjoins the Balsa Chic a Channel as they have experienced flooding in the winters of 1995, 1993, and 1992', to which she pointed out that this has to do with putting in the box culvert and for the record said the residents of College Park East did not want the box culvert, rather, that the rock channel remain. To an inquiry as to whether the comments of Councilmember Campbell could be included in the response letter, staff noted that those concerns were included in a prior communication relating to the environmental documentation for that project, this letter indicates that if this project is approved and moves forward, the City would urge that the agencies involved in the two separate projects, the Flood Control District for the channel improvements and the Southern California Water Company for the water transmission line, coordinate their schedules so that the channel is not concreted and then torn out to put in the pipeline. To an inquiry of Councilmember Campbell as to who approved the transmission line project initially, the Development Services Director explained that this is not an approved project as yet, at this point it is a proposed project that the Public Utilities Commission will be considering, the comment letter is to their Draft EIR for the proposed project, upon PUC consideration a final EIR will be prepared, forwarded to those who submit comments, then certifi~ation of the final EIR and project approval will be scheduled for a future meeting of the PUC, which may be five to six months. Councilmember Campbell said her understanding was that Huntington Beach attempted to stop Koll project by not allowing water transmission, this would allow that water however the City did not support the Koll project so it may be in the interest of the City to not support the transmission line. The Director again mentioned that these are two separate issues, one, if the project were to be approved does the EIR address the environmental concerns of Seal Beach, at this point it is felt it does not and that is the reason for the comments to the Draft document, and again, at some future time the PUC may be in a position to approve the request of the Water Company to provide this line and at that point the City may wish to submit a letter directly to the Public Utilities Commission on issues of whether the project should or should not be approved, that is separate from the environmental issues. I I AYES: NOES: Boyd, Doane, Snow, Yost Campbell I Motion carried AGREEMENT - PROFESSIONAL SERVICES - HOUSING ELEMENT UPDATE The Director of Development Services presented the staff report, explained that State law requires all cities within the Southern California Association of Governments region to update their Housing Elements by July 1, 2000, a requirement that has been in abeyance for a number of years at the State 1-10-00 I level due to not having funds to reimburse the cities for the mandated costs. He stated that the City distributed requests for consultant proposals to ten firms within the region that deal with updating General Plan documents and more specifically Housing Elements in that there are a number of technical requirements that must be complied with in order to meet the requirements of State law, responses were received from two firms, the Planning Center in Costa Mesa and Cotton/Beland/Associates in Pasadena, both highly qualified firms, both firms were interviewed by himself and the City Attorney in mid-December, the recommendation to Council is that Cotton/Beland/Associates be retained. He noted that their initial proposal was just under $35,000, the City budgeted $30,000, to that the scope of work has been revised to some degree whereby staff will prepare environmental documents, staff reports, and provide public notices/mailings, thus reducing the contract amount to $31,715, the additional amount of $1,715 will be taken from the Machinery and Equipment Account within the Planning Services budget, therefore no additional appropriation is requested. I Councilman Boyd inquired as to the purpose behind the City's Housing Element and what are the consequences if the City does not comply. The Director cited an actual example from 1989, the year he first came to the City, at that time the Housing Element was to have been updated by July, 1989 however it was not, a controversial housing project was approved for the Hellman property, several parties brought suit against the City because the Housing Element had not been updated, the court found the complaint to be correct and prohibited the City from issuing permits for any residential construction whatsoever, that was in place for approximately four months until the City returned to court to request that the court look at the issue of properties that were not currently zoned for residential use separately from those that were zoned residential. He noted that the Housing Element is likely the most litigated aspect of a General Plan of cities in California, it is set forth by State guidelines to identify the need for low and moderate income housing within a city and the retention of existing low and moderate housing and to develop goals and programs that would allow those types of goals to be met, it does not require a City to construct housing or finance the construction of such housing, it just requires programs to be available that would allow construction of same should the private market wish to respond to that type of housing proposal. The Manager noted that it is a State mandate that could have repercussions for any kind of building activity in the City. It was confirmed that there could be implications from the State if the City does not comply, specifically given the low and moderate income housing discussion during the Agency meeting. Councilmember Campbell noted that when looking at a project there needs to be so much low and moderate income housing, you can not look at existing, just the project, there has been discussion of allowing cities to use their existing housing stock that qualified as low to moderate for credit, in Seal Beach that would be Leisure World, and asked if that has been addressed. The City Attorney responded that there are some cities, including Seal Beach, that feel credit should be allowed for Leisure World and other existing housing stock however the State Department of Housing and Community Development have always taken the position that it is not what exists but what is needed in the future. He noted that the release of H/CD numbers show an improvement, I 1-10-00 considerably less than what has been required in the past, the reason for that is uncertain. The Attorney mentioned that the two firms who submitted proposals are basically the only ones that do this type of work, the recommended consultant is doing similar work for six or seven cities that they represent, the other firm about two or three. The Director noted that there was legislation this past year that allows a city to meet its construction needs for housing by providing up to twenty-five percent of that through the use of existing housing under long term provisions with special circumstances and stringent criteria. Councilman Boyd said it appears the regional housing needs assessment is now two hundred sixty-five from four hundred ninety-four, and asked if that is based on the established low to moderate housing needs requirement. The response was no, the Director explained that it is based upon different growth projections throughout the State from what was projected in the 1980's as compared to current, also, much of the growth projections in the early 1980's was in Orange County, not so much in the San Bernardino and Riverside areas where the growth projections are now more in those areas as well as Ventura County. As to projections for South Orange County, the response was that that area will be handled through the Orange County Council of Governments. Councilman Boyd made reference to a recent news editorial relating to Orange County housing, job rich and housing poor, the median home price approaching $300,000, wage growth not meeting that, with only eighteen thousand housing starts each year as compared to the needed forty-one thousand. I Boyd moved, second by Yost, to approve the Professional Services Agreement with Cotton/Beland/Associations, Inc. to update the Housing Element at a cost not to exceed $31,715.00, and authorized the City Manager to execute same on behalf of the City. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried The Council, by unanimous consent, declared a recess at 9:26 p.m. and reconvened at 9:35 p.m. with Mayor Yost calling the meeting to order. RESOLUTION NUMBER 4778 - AMENDING POSITION CLASSIFICATION PLAN / COMPENSATION - MAINTENANCE SERVICES MANAGER Resolution Number 4778 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE POSITION OF MAINTENANCE SERVICES MANAGER AND SETTING SALARY/ BENEFITS FOR SAME." By unanimous consent, full reading of Resolution Number 4778 was waived. The City Manager said this is a matter that was discussed with the Council several months ago having to do with a void of supervision of the field crews and coordination of projects between the office of the City Engineer and Public Works Yard, also discussed with the employees. The Director of Public Works stated this is a request to amend the Position Classification Plan to include the position of Maintenance Services Manager. He noted that the City has been downsizing since about 1990, the Public Works Department probably had about twenty-five percent more employees than there are now, in recent years the City has.lost two superintendents, with that there were five Supervisors who took charge, at that time the Public Works Director position was vacant, to fill that position the superintendent positions were eliminated, there are now only I I I I 1-10-00 two supervisor positions, one repositioned to the Park/Recreation/Community Services Department, as well as the Senior Water Operator recently going to a different jurisdiction. The Director said this situation allows the City to review the organization, this request is actually a request from the employees, there has been a void in direct line supervision at the Yard even though there are employees who have taken charge, there is a lack of organization that has unfortunately not been given due to the many demands at City Hall. He pointed out that when the Public Works Director was reinstated there was essentially one Public Works project per year, basically no infrastructure replacement, all due to the budgetary situation, at present the Department is dealing with a magnitude of projects, primarily handled by the Assistant Engineer, as Director his time is being focused on long range infrastructure replacement programs, water quality, shoreline erosion, funding opportunities, capital programs, etc., thus not as much time has been dedicated to maintenance and operation as should be to pursue the programs that the Council desires. The Director described the Maintenance Services Manager as basically the evolution of the superintendent positions who primarily directed the crews, this Manager will do that but also have the ability to establish goals and programs, and increase customer service which is presently good but felt can be better, the Manager will be at the Yard full time to manage operations. Councilmember Campbell expressed concern with adding another layer of bureaucracy, the City should work within its current manpower, make better or more efficient use of the existing employees, this proposed position calls for someone with a degree which in turn freezes out anyone from the Yard who wishes to apply, someone with a degree is not going to want to be at the Yard, the Assistant Engineer could fill this position, also, where is the funding coming from, making reference to the recent discussion relating to the utility users tax exemption, those helped by the exemption are mostly from the area of Leisure World, yet now there is request to fund another position. The Public Works Director said the position description may have been misread, existing employees have not been excluded, this looks to two different types of candidates, someone who has extensive experience, and several employees do therefore are eligible for this position, this merely opens up the position to acquire the best possible person, the salary is actually low according to the countywide average, the desire is a wide range of applicants, again, someone with considerable experience could fill the position, interviews will be conducted by an outside panel of other Public Works Directors. As to the funding to fill this position, the Director explained this will come from the positions that have not been filled. He noted too that if the Council does not wish to approve this position the City could go back to five supervisors rather than a Manager with lead crew leaders reporting to that person, this is seen as a reduction of layering. The City Manager pointed out that there have been many changes in the way the City conducts business, there are more things done by private contractors, landscape median maintenance an example, in those cases there is an individual in the Public Works Department supervising the contractor to assure that they are meeting the criteria of their contract, also, on a daily basis the demands on Public Works personnel are seen trying to respond to the priority programs set by the Council through the budget, they can not keep up, if sidewalk repair 1-10-00 is delayed that results in more trip and fall incident claims, also as mentioned, there has been success in seeking funding for projects where that had not been seen as possible in the past, examples would be the street and bridge projects, bike lanes and greenbelts, street projects, etc., if all of this is to get done correctly there needs to be an alignment in Public Works for a chain of control where presently there are employees who feel they are left in a vacuum, if the demands and priorities are going to be met something needs to be done. Councilman Snow said he has been in construction long enough to know that the Public Works Director has made a good summary request, he needs experience in the positions, primarily from present staff, it is known that people dealing with water and public works in general do need to have experience in the field, even with a degree there needs to be the experience. Councilman Snow mentioned that he has no criticism with the reports from staff, however suggested that there be one page that deals with the acronyms contained in the reports. Councilman Boyd said he understands the constraints with regard to funds, understands also that it takes people and money to get things done, commended the staff for consolidating the positions for efficiency and wise use of taxpayer dollars. He asked if consideration has been given to utilizing existing personnel in that position until possibly next budget year, also assurance that this is not taking money that has been allocated to a project and using it to fund a position, there are in-house people that have been doing this for some time, other agencies typically fill positions from within, possibly this could be done on a trial basis, also, were funds allocated for this position in this budget year. The Public Works Director responded that the vacancies were not known at budget time, existing staff was asked to assume additional duties, they are becoming thin, this is the time to take a step to create an employee structure. The City Manager pointed out that water is a specialized field, one can not expect someone who has worked in the maintenance field to be placed in charge of water, also, the Civil Service System states the need to recruit on a competitive basis based on merit, existing employees are groomed so they are eligible and qualified to seek other positions for promotion and it may be that these people will be competitive in seeking the positions. councilmember Campbell asked if the supervisor positions would remain open, the response was no, they would be eliminated, reporting to the Manager. Councilman Boyd stated he is accustomed, in other agencies, when another position is requested that within the staff report it is shown where the position specifically fits in, something similar to an organizational chart would be helpful. Councilman Doane asked if the current problem is a lacking in water expertise, the response was that consultant services are currently being supplemented. Councilman Doane said if a water expert is hired then an in-house promotion for the supervisory position would not only help morale but would replace the one promoted with someone with water experience, in other words if someone is promoted from within then an opening is created, that is with the water expert from outside. The City Manager said the point is always made that in-house personnel have an inherent advantage, the benefit of promotional opportunities are recognized, therefore if existing personnel can compete against others and come out even the in-house employees would get the position. To a question if this would be a Civil Service employee, the answer was yes, there is a Public Works/Engineering Director, also an Assistant Engineer, question was if this position I I I 1-10-00 I would fall in parallel with the Assistant, the response was that the Assistant basically handles the Engineering function, the Maintenance Manager would report directly to the Public Works Director and would handle all of the day to day maintenance operations, there would be lead persons, there are still some supervisors, the effective date of the position will be between two to three months. Councilmember Campbell asked if the contracting of services will cause the loss of employee jobs, the response of the Public Works Director was that contracting allows the reallocation of manpower, a look at areas that are not seen to be cost effective, and make better use of skilled labor. Mayor Yost acknowledged that it is necessary to be diligent as to what City staff is doing and spending, yet if they can eliminate two positions for one with the understanding of increasing productivity and quality of service he would be supportive however will watch to evaluate how it works. Councilmember Campbell expressed her preference for promoting someone from the current workforce then discuss the issue further during the next budget cycle. It was confirmed that this action would not require a budget amendment. Doane moved, second by Yost, to adopt Resolution Number 4778, amending the position Classification Plan. AYES: NOES: Boyd, Doane, Snow, Yost Campbell Motion carried I RESOLUTION NUMBER 4779 - AUTHORIZING LEASE AGREEMENT - EOUIPMENT PURCHASE Staff explained that this item relates to the purchase of a multi-use tractor to be utilized by both Parks and Recreation and the Public Works Departments. Boyd moved, second by Yost, to adopt Resolution Number 4779 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING LEASE AGREEMENT, SIGNATORIES AND NOTICE OF INTENT TO BE REIMBURSED. By unanimous consent, full reading of Resolution Number 4779 was waived. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I PUBLIC HEARINGS - ZONE TEXT AMENDMENT 00-1 / ZONE CHANGE 00-1 / MINOR PLAN REVIEW 00-1 - BED and BREAKFAST FACILITIES Mayor Yost announced that the public hearings would be continued until the meeting of February 14th, and suggested that a workshop be scheduled for discussion of this matter and public information. Suggestion was made that a date could be selected at this meeting. The City Manager explained that this item, as envisioned and moved forward by him, was due to a concern with the fact that there is an economic interest for the heirs to not preserve Proctor home, rather, demolish it and sell the two lots for the construction of two single family residential units, when initially approached, the heirs had no interest in relocating the house which would delay their plans. He mentioned that it was surprising to see the news article that showed bed and breakfast facilities possibly located throughout the City, where in fact this concept was designed specifically for only the one site on 7th Street between Pacific Coast Highway and Electric, across from the Raddison and bounded by a"law. office and an apartment complex, not next to someone's personal residence. He agreed that it would be beneficial to hold a workshop to clarify the proposal and misinformation, this single location would give the opportunity to preserve 1-10-00 two of the City's older houses. The Council chose Tuesday, January 18th at 7:30 p.m. in Council Chambers as the date and time for the workshop, intended for a presentation of the proposal and discussion only. The City Attorney advised that he could not be in attendance at the workshop, noted that a workshop on the general concept would be good however given the application that is pending before the Planning Commission there can be no decision on the part of the Councilor discussion of the specific application, the discussion can be on the concept of bed and breakfasts in general, whether they are appropriate for the area, no discussion of any future quasi-judicial actions. I CITY ATTORNEY REPORT No report presented. . CITY MANAGER REPORTS The City Manager reported that Cal Coast has urged the attendance of local and regional governments at an event in Sacramento on February 9th, the Sacramento Beach and Wetlands Recovery breakfast, for the purpose of hearing from legislators and administration officials about funding programs for beaches, wetlands, and wate~ quality. A second communication from Cal Coast advises that the American Coastal Coalition is reporting that the President may not be including any monies for shoreline protection projects in the 2000/2001 budget, which raises a concern for the possible Surfside project, and asks that communications be sent to the President and representatives in Washington urging that such funding be included. The Manager mentioned a recent news item relating to the decommissioning of the Belmont Oil Island, reporting that a group from Manhattan Beach, Heal The Harbor, Inc., has indicated to Exxon that they would be willing to accept ownership and liability for the remnants of the Island for the purpose of fishing habitat. He mentioned that hearings on this issue were held before the State Lands Commission, at that time the City had insufficient information to determine if this would be a positive or negative from an environmental standpoint, however other environmental organizations have taken positions against allowing oil companies to leave underwater platforms on the basis of debris and trash on the ocean floor, it is believed concerns were also expressed by the Coast Guard and marine organizations with the potential for boating accidents. The Manager stated that at this point staff is merely following this issue pending further evidence and studies to show what the effect may be if left in place. Councilman Boyd reported having had a conversation this date with the general counsel for Exxon/Mobil, he was then put in touch with the Heal the Harbor group, to which he said their proposal will likely be rejected by Exxon/Mobil however they are also accepting input and proposals from other non-profit groups and local jurisdictions, at this point they will not be making a decision as to what the disposition of that site may be however they are looking for comments so it may be in the interest of the City to participate in any discussions that may come forth as to whether the rock will be left or removed, a suggestion of general counsel had been that if felt there may be a use for the rock the City could participate in the discussions, at this point it has been recommended that Exxon/Mobil remove the rock and the structure. The Manager said nothing has been ruled out, the City has merely not taken a position at this point because it has not been determined that it will be good or bad, also, taking of the rock could be difficult, possible environmental I I 1-10-00 I circumstances, to propose placement at Surfside would likely be difficult at the Coastal Commission level and with the environmental community. The City Manager reported also that the City's Washington representative has not had success with the local Army Corps of Engineers office to get funding for sand for emergency shoreline protection at Surfside, that despite the intervention of the congressional representative. I PUBLIC COMMENTS Mayor Yost declared Public Comments to be open. Ms. Sue Corbin, Seal Beach, noted that the agenda identified 20l - 8th Street and the DWP property as Closed Session discussions, to which she stated before negotiations were commenced the public should have been advised as to what is being proposed, are those properties proposed for purchase. Ms. Corbin inquired as to the evaluation of the City Manager, that item was listed on the prior agenda but not on this agenda. She claimed that it is disingenuous for the City Manager to say that the overlay zone for bed and breakfasts, was intended for just the one proposed site, if adopted as law then everyone will have the same 'right to make application for such use as the current applicant, the City Manager holds discussions and seems to be making the decisions even though the public may not want what is proposed, the public needs to be involved in the process. She claimed that after the house proposed to have seven bathrooms fails, those facilities will be needed for future apartments, also, predicted that real estate speculators will be touring the community to locate old dwellings, pressure the owners to sell and then develop bed and breakfasts, the overlay is not wanted in Old Town to allow these mini-hotels, and probably fifty percent of the parking will be in-lieu, located elsewhere. Ms. Corbin noted a letter from the Historical Society stating the requirements of the Disabilities Act could be set aside, yet a bed and breakfast needs to abide by that Act, bankruptcy is what will happen with the bed and breakfasts, and parking for the employees of this use have not been addressed. There being no further comments, Mayor Yost declared Public Comments to be closed. I COUNCIL COMMENTS Councilman Boyd announced that his web page would be updated the following day, during the next year it is hoped the City web site can be expanded, and it is his intent that two or three times a year he will be doing a mailer to each household in his district as an update as to what is going on, achievements, and upcoming events. Councilman Snow reported that he just learned that Social Security checks have not been delivered to the people in the 90740 area this month, they are being received electronically at the banks but not by mail, and announced that people can go to the Huntington Beach office to obtain a replacement check to cover the payment for this month. With regard to the Hellman property, Mayor Yost said he will try to host a town hall meeting within the next month or so, probably at the Mary Wilson Library. The Mayor mentioned that the Surfing Contest was postponed due to a high bacteria count and has been rescheduled for January 22nd, also advised that he would be out of town not only for the Contest but for the next City Council meeting. CLOSED SESSION The City Attorney announced that the City Council would meet in Closed Session to discuss the items identified on the agenda, a conference with the City's real property negotiator 1-10-00 / 1~24-00 pursuant to Government Code Section, 54956.8 relating to terms of payment/price for property located at 201 - 8th Street and the Department of Water and Power property located on the west side of First Street between Ocean Avenue and Marina Drive, a conference with legal counsel relating to existing litigation, Stoddard versus City of Seal Beach, pursuant to Government Code Section 54956.9(a), and a conference with legal counsel with regard to one case of potential litigation pursuant to Government Code Section 54956.9(c). By unanimous consent, the Council adjourned to Closed Session at 10:27 p.m. The Council reconvened at 11:31 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported that the Council had met in Closed Session to discuss the items identified on the agenda, gave direction to the City Attorney and City Manager, no other action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 11:33 p.m. Attest: / Approved: I Seal Beach, California January 24, 2000 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor ProTem Doane calling the meeting to order. Councilman Boyd introduced Brownie/Girl Scout Troop 1051 who led the Salute to the Flag. Each Brownie/Girl Scout was presented with the Scouting Flag Ceremony Patch. The progression of this Troop was mentioned inasmuch as they led the Pledge last year as Daisy Troop 2269. ROLL CALL Present: Mayor ProTem Doane Councilmembers Boyd, Campbell, Snow I Absent: Mayor Yost Campbell moved, second by Boyd, to excuse the absence of Mayor Yost from this meeting. AYES: NOES: ABSENT: Boyd, Campbell, Doane, Snow None Yost Motion carried