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HomeMy WebLinkAboutCC Min 2000-08-14 8-9-00 / 8-14-00 General discussion, questions, and responses continued between the City Council and the interviewees until 11:12 a.m. CLOSED SESSION The Council, by unanimous consent, adjourned to Closed Session at 11:15 a.m. for discussion of personnel matters pursuant to Government Code Section 54957. The Council reconvened at 11:45 a.m. with Mayor Campbell calling the meeting to order. It was reported that the Council had discussed the appointment of an Interim City Manager, no action was taken, and the Closed Session discussion is to be continued to Monday, August 14th at 6:30 p.m. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, August l4th at 6:30 p.m. to meet in Closed Session. Approved: '-f>~&~ I Attest: Seal Beach, California August 14, 2000 The City Council of the City of Seal Beach met in special session at 6:15 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost Absent: None Also present: Mr. Dorsey, Acting City Manager Mr. Barrow, City Attorney Ms. ~eo, City Clerk Mayor Campbell read the Notice of Special Meeting as follows: I "patricia Campbell, 4433 Ironwood Avenue, Seal Beach Shawn Boyd, 229 - 7th Street, Seal Beach William Doane, l401 Skokie'Road, 83-A, Seal Beach John Larson, 13741 Annandale Drive, l8-G Paul Yost, 485 Schooner Way, Seal Beach 8-14-00 NOTICE IS HEREBY GIVEN that pursuant to Government Code Section 54957 a special meeting of the Seal Beach City Council is hereby called for Monday, August 14th, 2000 at 6:l5 p.m. in the City Council Chambers, 21l - 8th Street, Seal Beach, California, for the purpose of: I * consideration of appointment, terms and conditions of an Interim City Manager for the City of Seal Beach. DATED THIS 11th day of August, 2000. patricia Campbell, Mayor City of Seal Beach by Joanne Yeo, City Clerk City of Seal Beach" I The City Attorney advised that at this time the Council should allow any member of the public to comment on items listed on the agenda, other matters may be addressed at the regular meeting. Ms. Sue Corbin, Seal Beach, claimed that the Brown Act allows the public to speak to any item. with regard to appointment of an Interim City Manager she stated that the Council should take other steps before that is done, first get the government working properly, no one will want the position until that is done. There were no other public comments. CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session pursuant to Government Code Section 54957 to discuss the item identified on the agenda. The Council adjourned to Closed Session at 6:18 p.m. and reconvened at 6:45 p.m. with Mayor Campbell calling the meeting to order. The City Attorney reported that the City Council has retained the services of Donald Franklin McIntyre as Interim City Manager subject to resolving the terms of agreement, the Interim Manager to commence his duties the following day, no other action was taken. ADJOURNMENT It was the order of the Chair, with unanimous consent of the Council, to adjourn the meeting at 6:46 p.m. I C' o clerk Approved: ~~g,~~ Attest: 8-14-00 Seal Beach, California August l4, 2000 The City Council of the City of Seal Beach met in regular adjourned session at 6:47 p.m. with Mayor Campbell calling the meeting to order. I ROLL CALL Present: Mayor Campbell Councilmembers Doane, Yost Absent: Councilmembers Boyd, Larson Councilmembers Boyd and Larson were present at the meeting however not in Council Chambers at this time. Also present: Mr. Dorsey, Acting City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk REDEVELOPMENT AGENCY - CALL TO ORDER Chairman Yost called to order the regular adjourned Redevelopment Agency meeting at 6:47 p.m. ROLL CALL Present: Chairman Yost Agencymembers Campbell, Doane I Absent: Agencymembers Boyd, Larson Agencymembers Boyd and Larson were present in the conference room pending Closed Session. CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the agenda pursuant to Government Code Section 54957 and a conference with the City's labor negotiator, and the Redevelopment Agency would meet in Closed Session pursuant to Government Code Section 54956.9(a) to confer with legal counsel relating to existing litigation as identified on the agenda. The Council and Agency adjourned to Closed Session at 6:48 p.m. and reconvened at 7:25 p.m. REDEVELOPMENT AGENCY ROLL CALL Present: Chairman Yost Agencymembers Boyd, Campbell, Doane, Larson I Absent: None APPROVAL OF AGENDA By unanimous consent of the Agency, the order of the agenda was approved. 8-14-00 I PUBLIC COMMENTS Chairman Yost declared the Public Comment period to be open. Mr. Paul Jeffers, Trailer Park resident, made mention of the committee that was formed in the attempt to purchase the Trailer Park, an offer was made of $6.4 million to the owner who purchased the Park for $2.6 million, the owner has said he wants to sell the Park however wants an acceptable price, this would be more than doubling his money in a year and a half. Mr. Jeffers said he understands that another million is being sought that would make the offer $7.4 million, yet the Park has not even been appraised. He mentioned too that there is now a lawsuit against the Agency relating to the Covenants, in his opinion the Covenants are pertinent to the value of the Park,' to him it seems that things are moving too fast and somewhat blindly to buy the Park, this needs to be thought out, the owner needs to be dealt with in a capitalistic manner. Mr. Glen Clark, Trailer Park resident, offered that the people who have been negotiating for the purchase of the Park also thought that the $6.4 million was considerably too much, however, unfortunately, Mr. Hall has the absolute say as to the sale price, the negotiating group has been seeking assurance from Link Housing that the Park residents would not be gouged as to the amount of their monthly payment, which has been averaged at about $500 per month, for those that would be unable to pay that amount the attempt is to make arrangements for some form of subsidy of the amount of what they can afford and the $500, the grant application to the State was felt to be the best means. Mr. Clark advised the Agency that the Park has retained an attorney, Mr. Bruce Stanton, who will hopefully be working with the City to help defend the lawsuit against the Covenants, Mr. Stanton known throughout the State as being an expert on mobile home law and was recommended by the State Department of Housing and Community Development. Mr. Clark reported meetings held with Park residents over the weekend which resulted in nearly seventy-five percent of the residents in favor of going forward with the effort to purchase the Park, that approval dependent upon receiving the MPROP funds to help achieve that goal. He mentioned that the resident committee met five times last week, things are happening daily, a meeting will be held with the Gibbs Law Firm tomorrow, yes, the purchase figure is high, negotiations are continuing, on the other hand the Park owner could refuse to sell but that is not the case at this point. There being no further public comments, Chairman Yost declared Public Comments to be closed. I I CONSULTANT AGREEMENT / RESOLUTION NUMBER 00-3 - AUTHORIZING LOAN APPLICATION - MOBILE HOME PARK RESIDENT OWNERSHIP PROGRAM Chairman Yost explained that this Program is funded by the State Housing/Community Development Department to provide additional funding for the residents who purchase Trailer Parks, there is one attorney who has been successful in obtaining these funds from the State, noted that the Agency previously allocated $20,000 to assist the Park residents with the process of attempting to purchase the Park, the intent of this consideration is that the Agency would use the additional $7,000 for this purpose. 8-14-00 Larson moved, second by Yost, to approve the consultant agreement with The Gibbs Law Firm and authorize the expenditure of $7,000, with the adoption of Resolution Number 00-3 entitled "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH AUTHORIZING THE SUBMITTAL OF A LOAN APPLICATION, THE EXECUTION OF A STANDARD AGREEMENT AND ANY AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE MOBILEHOME PARK RESIDENT OWNERSHIP PROGRAM AND TO SECURE A COMMITMENT OF FUNDS FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT." By unanimous consent, full reading of Resolution Number 00-3 was waived. The City Attorney clarified the summary of the request, the, $7,000 will go to the Trailer Park Residents Association so they can hire the Gibbs Law Firm, this is not in addition to the previously approved $20,000, it is the balance of the $20,000. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ADJOURNMENT By unanimous consent, the regular adjourned City Council meeting and the regular adjourned Redevelopment Agency meeting were adjourned at 7:36 p.m. clerk I Approved: 'iJ~~t e(J~ Mayot Attest: Seal Beach, California August l4, 2000 The City Council of the City of Seal Beach met in regular session at 7:37 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost I Absent: None Also present: Mr. Dorsey, Acting City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services 8-14-00 I Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Chief Cushman, Lifeguard Department Ms. Beard, Director of Recreation and Parks Ms. Arends-King, Director of Administrative Services Ms. Yeo, City Clerk APPROVAL OF AGENDA Councilman Yost requested that Item "M" be removed from the Consent Calendar for separate consideration, Mayor Campbell requested that Item "K" be removed, also that the Chamber presentation be made before Public Comments, and Councilman Larson requested to comment on Items "J, K, M, N, 0, P, and R". Boyd moved, second by Doane, to approve the order of the agenda as revised. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ANNOUNCEMENTS Councilman Yost announced the AVP Volleyball Tournament in Seal Beach this upcoming Saturday and Sunday, noting that some of the greatest matches have occurred in Seal Beach. I PRESENTATION - CHAMBER OF COMMERCE Ms. Kim Masoner, president, Chamber of Commerce and Business Association, stated they were present to make donations to worthy community organizations, and her husband would be commenting on the Car Show, the source of the monies for the donations, and the Sandcastle Contest another upcoming event. Mr. Masoner announced that the Sandcastle event will be held on September 9th from which all proceeds go towards cleaning up the San Gabriel River, the cleanup the first weekend of November. Ms. Masoner mentioned that there were a number of volunteers for the Car Show, including members of the Council, and expressed appreciation to all. Ms. Masoner announced a donation of $250 to DJ Mike Narz, in turn Mr. Narz stated that the donation will go to the Long Beach/Orange County branch of the Arthritis Foundation. Ms. Masoner offered a donation of $500 to the Explorer Scouts, also, $750 to the Senior volunteers, noting that eighteen of the Volunteers provided assistance throughout the Car Show, both donations accepted by Chief Sellers who noted the many hours donated to the community throughout the year by the Explorers, an arm of the Boy Scouts of America. Ms. Marilyn Hastings explained that the Seal Beach Community Safety Foundation was organized to raise funds to provide goods that are needed by various groups in the community such as the Lifeguards, Fire Department, and Police Department, that effort has been successful, then the Volunteer Program began and there was no place to hold their monies therefore after consulting with the Police Department a separate fund was created under the blanket of the Foundation. She invited anyone wishing to donate to the Senior Volunteer Program to do so which will then be held separately for their use, the Foundation too would welcome donations to continue their program of aid. Councilman Boyd commended Ms. Masoner and the Chamber/Business Association for the Music on Main Street Program, the second of 'which will be this coming Wednesday from 6:30 to 8:30 p.m. in the Johns/Hennessy's parking lot at Main/Central. I 8-14-00 PUBLIC COMMENTS Mr. Tom Lazarak stated he is an officer of the Veterans of Foreign Wars and the American Legion. Mr. Lazarak expressed appreciation to the Acting City Manager for his efforts to have the lanyard and lock box installed on the flag pole at the pier, this will allow the lowering of the flag to half staff. Mr. Lazarak noted that a question posed to the Acting City Manager was if the organizations could have a key or have access to a key in light of the fact that when needed on certain holidays the City offices are closed. The Acting City Manager passed the compliment by Mr. Lazarak on to the Public Works Department. Ms. Jennie Kohler, resident and windsurfer, asked that Resolution Number 3876 be placed on the agenda for review and revision. She made specific reference to Section 4(c) that allows the Lifeguards to expand or restrict the aquatic sports area yet the area for the windsurfers never gets expanded, specifically the reference is to the San Gabriel River, the Resolution does not exclude windsurfers from surfing the San Gabriel River mouth, a navigable waterway as determined by the State, available to all watercraft, no exceptions, however complained that on a windy day in July she windsurfed the River, shortly she was approached by a lifeguard who informed her she was not allowed in that area pursuant to Resolution Number 3876, and if she continued she would be issued a citation for exceeding the five mile speed limit, the problem is that surfers exceed the five miles per hour but are never cited, the surfers and bathers are allowed in the designated aquatic area when no windsurfers are there, that in violation of the posted signage, if they can use the aquatic sports area when there are no windsurfers then why are the windsurfers not allowed to use the River. To Section 4(a), the designated aquatic sports area which restricts windsurfers to enter and exit the water between 2nd and 4th Streets, there is question if this was done to discourage their use of Seal Beach, a problem is that they then have to sail across wind at an angle, during summer months the winds are lighter than in spring which makes it harder to sail from the beach and clear the pier, entering the water anywhere east of 3rd Street makes it difficult to clear the pier and nearly impossible for the less experienced sailors, therefore they try to stay as far upwind as possible which causes people to group together at the area of 2nd Street, that causes congestion and a safety problem. Ms. Kohler claimed that if a windsurfer even goes three feet out of the designated area they are threatened with a citation yet if others enter the aquatic sports area they are merely told to move. Ms. Kohler mentioned also a new sport in Seal Beach which is kiteboarding, Resolution 3876 makes no provision for them, they do not fall within the definitions, therefore it is surmised that they can enter and exit the water anywhere they choose and go anywhere they choose, including the River with or without surfers. She claimed there have been attempts to work things out with the lifeguards yet ideas have either been denied or ignored, lifeguards have been instructed to not deviate from the Resolution, however Seal Beach is a unique natural resource with its combination of wind and waves that can not be found elsewhere in Orange County that people should be allowed to utilize. Ms. Kohler again asked for review and revision of Resolution 3876. Mr. Tom Blackman, President of the Friends of the Library, conveyed appreciation to the Council and City for the prompt attention to the air conditioning when it went out at Mary Wilson Library, he was uncertain as to how monies are being allocated for public improvements, however the library is I I I 8-14-00 I heavily used, the Friends donate money to local programs that the County does not have money to support, the County does not maintain the building, and requested that replacement of the air conditioning unit be given a high priority. He mentioned that the carpeting is likely about as old as the air conditioning, about twenty years, it too is worn out and requested that its replacement also be made a priority. Mr. Blackman said speaking as a citizen he and his wife travel frequently, usually to small towns like Seal Beach, most have places and things that have been designated as historic, and to that he commended the Council for the upcoming consideration of the guidelines and designation of historical homes in Seal Beach. Ms. Sue Corbin, Seal Beach, made reference to the public hearing to consider the appeal of Variance 00-3, this an important issue, will effect people for years, Leisure World as well, this is an end run around zoning as everyone has a disability, additional square footage should not be allowed, rather, possibly a unit should be removed to bring the property into zoning compliance. Ms. Corbin requested that the bulletin boards on Main Street be put back, that allows people to communicate, there was also a promise to have a larger bulletin board at City Hall for posting notices, a locked bulletin board too for the agenda. With regard to windsurfing, regulations should stay as they presently exist. Ms. Corbin claimed that it was necessary to contact Sacramento to obtain the locations of meetings of the San Gabriel River Conservancy, Councilman Yost is the representative and he should seek the consensus of the Council before making decisions at these meetings. There being no further comments, Mayor Campbell declared Public Comments to be closed. I Mayor Campbell requested that the Closed Session decision be announced once again for information of the public. The City Attorney reported that at the earlier Closed Session the City Council authorized the hiring of Donald McIntyre as the Interim City Manager commencing tomorrow, subject to finalizing the terms of an agreement, on a month to month basis while seeking a permanent City Manager. COUNCIL ITEMS I POLICY MANUAL Councilman Boyd noted that the issue of a Policy Manual had been discussed previously, read his memorandum to the Council, the intent of the Manual is to provide clarification with regard to matters within the jurisdiction of the Council as defined under the City Charter not subject to adoption by resolution or ordinance, this a means of communicating Council policies to the public. He suggested that the Manual commence with the existing adopted policies, that new policies be added upon approval, and that a Manual be available to the public at each public counter in City Hall and the City's website. Councilman Boyd described a sample Manual from another city, examples of policies would include such things as the Encroachment Policy, Investment Policy, possibly a policy relating to building plan review time frames, and the policy to be considered at this meeting relating to Historic Structures. He suggested that a Resolution be prepared for consideration at the next meeting describing the format, etc. for the Manual or merely authorize the Manual by consensus, with regard to preparation of the Manual Councilman Boyd it would most likely be coordinated through the City Manager's office. Although not necessarily adverse to such Manual, Councilman Yost did 8-14-00 express some concern with creating additional workload, use of staff time, and another layer of government administration. Councilman Boyd responded that this is something that is already done, there is simply no vehicle presently to disseminate adopted policy. Councilman Boyd agreed to hold this item over to the next meeting to allow the Council and public the opportunity to review the proposed Manual and that of the other city, available in the office of the City Clerk. I LEAGUE OF CALIFORNIA CITIES CONFERENCE - VOTING DELEGATE / ALTERNATE Mayor Campbell noted that the year 2000 League Conference will be held in Anaheim and inquired as to who will be attending. Councilman Boyd mentioned that he will be hosting a breakfast for the Orange County Board of Supervisors the morning of September 8th as Chair of the Orange County Fire Authority, and invited all to attend, otherwise he would not be attending the Conference. Councilman Yost stated his intent to attend the Leadership Academy sessions and on the weekend, Councilman Doane said he would not be attending. Boyd moved, second by Doane, to designate Mayor Campbell as the City's voting delegate and Councilman Larson as the alternate. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried RESOLUTION NUMBER 4823 - PAYING TRIBUTE - HARRY RAYMOND FULTON Mayor Campbell read in full Resolution Number 4823 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH PAYING TRIBUTE TO HARRY RAYMOND FULTON," former member of the Seal Beach City Council. Larson moved, second by Boyd, to adopt Resolution Number 4823 as presented. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried RESOLUTION NUMBER 4824 - PAYING TRIBUTE - STANLEY "BUSTER" DUBROCK Resolution Number 4824 was read in full by Mayor Campbell entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH PAYING TRIBUTE TO STANLEY "BUSTER" DUBROCK," former member of the Seal Beach Fire Department and Orange County Fire Authority. Boyd moved, second by Larson, to adopt Resolution Number 4824 as presented. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CONSENT CALENDAR - ITEMS "F" thru "R" Councilman Larson retracted his request to remove Items "0" and "P" from the Consent Calendar. Boyd moved, second by Larson, to approve the recommended action for items on the Consent Calendar as presented, except Items "J, K, M, N, and R", removed for separate consideration. I F. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. 8-14-00 G. Approved regular demands numbered 28637 through 28839 in the amount of $796,891.22, payroll demands numbered 8464 through 8869, and 9000333 through 9000358 in the amount of $532,922.72, and authorized warrants to be drawn on the Treasury for same. I H. Approved the minutes of the July 24, 2000 regular adjourned and regular meetings, and the August 3, 2000 regular adjourned meeting. I. Received and filed the Building Department Activity Summary for May, 2000. L. Received and filed the Monthly Investment Report for June, 2000. O. Adopted Resolution Number 4825 entitled "A RESOLUTION OF THE CITY COUNCIL APPROVING REVISIONS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION." By unanimous consent, full reading of Resolution Number 4825 was waived. P. Adopted Resolution Number 4826 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING WAGES AND BENEFITS FOR CERTAIN NON-REPRESENTED EMPLOYEES AND REPEALING ON THE EFFECTIVE DATES SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 4826 was waived. I Q. Authorized staff to research and, if warranted, negotiate a proposed contract between Airtouch Wireless and the City of Seal Beach regarding the installation of a cellular pole and antenna at Zoeter Field. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "J" - COMMENT LETTER - NEGATIVE DECLARATION - RE-USE OF LEAD CONTAMINATED SOIL - CAL TRANS Councilman Larson noted that Highway 22 is adjacent to Leisure World, CalTrans has been working on the 22 for considerable time however it is understood the contractor abandoned the project, it is said that the work being done has lead pollution yet CalTrans is requesting a waiver in order to redo the soil and put it back down, it is also said that there will be adequate control over the contractors, if raining they will cover the soil or other means of protection. Councilman Larson offered that he does not have all that much confidence in CalTrans and would request that the City Engineer make certain that the people of Leisure World are protected, lead poisoning is not a minor thing, the reason given by CalTrans is that they want to do it properly but do not want to spend the money. Councilman Yost agreed and mentioned that it has been identified as a major health issue for children in Orange County. Councilman Larson inquired as to what the outlets being installed along the freeways are for. 8-14-00 Larson moved, second by Boyd, to receive and file the staff report, authorize the Mayor to sign the proposed response letter, and instruct staff to forward this matter to the Environmental Quality Control Board for information purposes. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I ITEM "K" - RESPONSE LETTER - DRAFT SITE EVALUATION REPORT - INSTALLATION RESTORATION PROGRAM - NAVAL WEAPONS STATION With regard to this item, Councilman Larson noted the mention of unexploded weapons, ammonia contamination, cancer risk formulas, with talk of an acceptable risk, that is a concern, however they are evidently trying to clean up sites, areas that some day may be turned over to civilian use. The Director of Development Services explained that the unexploded ordnance is primarily small handgun munition, that is basically all they are finding however the danger could come from something hitting a bullet during cleanup and cause it to explode, the report indicates that they will be bringing in Navy experts that will explore the sites and clear out any unexploded bullets in the ground, with regard to the ammonia issues, those do not seem to be a major level of concern to either the management of the National Wildlife Service or the U. S. Department of Fish and Game, the seeps that are emitting the ammonia are immediately adjacent to the National wildlife Refuge, the concern is that the levels do not increase in the future, the suggestion within the letter is that they initiate some type of monitoring program to watch the levels over the next fifty years which is said to be the time for them to dissipate naturally, the concern would be that they do not spike to the point that they would become a danger to some of the endangered species in the wildlife Refuge. The Director explained further that the cleanup levels required are established by the Department of Toxic Substance Control, U. S. Environmental Protection Agency, based on existing background levels of metals or other materials that may be in the ground, the levels are very site specific to this location and meet the criteria for this Base and basically agreed to by all of the reviewing agencies, including the Water Quality Control Board. The Director said it is felt that the Navy has addressed the issues quite well, the response letter merely suggesting the monitoring, over the long term, of the ammonia levels particularly. I Larson moved, second by Boyd, to receive and file the staff report, authorize the Mayor to sign the response letter, and instruct staff to forward a copy of the letter to the Environmental Quality Control Board for information. Councilman Boyd said this highlights what the fifty-two hundred acre Naval Weapons Station represents to the City, the Wildlife Refuge is there, the remediation efforts of this and other facilities are very important, cleanup would be required should the facility be closed by the BRAC, however of importance is that cleanup is being done now. Mayor Campbell mentioned that cleanup has also been ongoing for a number of years at the Armed Forces Reserve Center. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried Mayor Campbell mentioned that when a letter is written for her signature it should read 'patricia E. Campbell'. 8-14-00 I ITEM "M" - PROFESSIONAL SERVICES AGREEMENT - WATER OUALITY MANAGEMENT PLAN Councilman Yost noted that this item will allow an outside firm to assist the City with urban runoff and water quality issues and coordinate with the multiple agencies that are involved with urban runoff, this will be money well spent. Councilman Yost mentioned that the San Gabriel Rivers and Mountains Conservancy toured the San Gabriel River commencing at the upper dam of the River and ending at 1st Street, one of the stops was at the Long Beach water reclamation/sewage treatment plant which is where Coyote Creek empties into the San Gabriel River, that would appear to be a good location to deal with diversion yet there are several problems, it is in Los Angeles County yet the watershed is Orange County, it is necessary to find ways to work between the various agencies, that is a challenge, but it is hoped some firm will be able to do that. Councilman Boyd mentioned that urban runoff/stormwater diversion has taken the forefront in recent years, that largely due to new methods of monitoring ocean water quality and the issue of urban runoff, the West Coast thought they were smarter than the East Coast by separating the stormwater and sewage systems into two different processes, storm water sent to the ocean, sewage treated and then sent to the ocean, on the East Coast it is done all at once, this is an issue that is being dealt with at the Orange County sanitation District, and noted that the funding for this agreement is from a $450,000 State grant to deal with beach and ocean water quality issues. Councilman Boyd offered that the person being retained as the Interim City Manager was the general manager of the County Sanitation Districts and was at the forefront of accepting and processing urban runoff through the District thus diverting it from going onto the beaches, also involved with County programs dealing with urban runoff. Councilman Yost suggested that it would be helpful if contacts could be made with the Los Angeles Board of Supervisors, at some point the use of reclaimed water for parks and recreation areas may need to be considered as well, staff should keep that in mind. Councilman Doane offered that cooperation could also be sought from Bixby and the Navy for their golf course and facilities use. Mayor Campbell mentioned that all of the drains in the City of Cypress are stenciled with a message that they drain to the ocean, making people more aware, the response of the Public Works Director was that it is believed that is being done locally, however if there are drains that have not been stenciled, requested that he be notified. I Yost moved, second by Boyd, to approve the Professional Services Agreement with Tettemer & Associations to prepare a Stormwater and Urban Runoff Water Quality plan at a cost not to exceed $105,000, and authorize the City Manager to execute said Agreement on behalf of the City. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ARBOR PARK LIGHTING Councilman Larson noted that the Board of Supervisors is working with the military to develop a regional park in the general area, his thought was that this lighting should be coordinated with that plan so that it does not have to be redone at some future time. Councilman Boyd said he believed the regional park plan is on the other side of the Base closer to the Lexington entrance, this is off Lampson Avenue. The Recreation and Parks Director said she believed that was 8-14-00 a proposal of the City of Los Alamitos, thus far it has been difficult to obtain information, AFRC is not even aware of the proposal. The Director introduced representatives of the AYSO, this project, night lights for Arbor Park, a partnership with AYSO and in cooperation with the Armed Forces Reserve Center. Mr. Joe Silva, AYSO representative, mentioned that they participated in the installation of the sprinkler system last year, there are two thousand children in the soccer programs, the largest single program for youth in this community which serves Los Alamitos, Rossmoor, and Seal Beach, there is difficulty providing these programs in the limited amount of park space, this an effort of a number of people including the Edison Company and the AFRC. He asked if possibly there could be some park money available sometime in the future to help subsidize the cost of electricity for these youth programs, he noted also that AYSO is a child development organization that uses soccer as a vehicle, of the two thousand children in the current program about one thousand are from Seal Beach proper. Mayor Campbell noted that the way in which the school district is set up the young people seem to switch teams yearly, this field is used by youths throughout the district. I Boyd moved, second by Larson, to approve the proposed lighting improvements for Arbor Park. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEM "R" - ASSOCIATED VOLLEYBALL PROFESSIONALS - BANNER REOUEST Councilman Larson expressed his belief that this item coincides with the suggestion of Councilman Boyd relating to policy matters, in this case there should possibly be a policy inasmuch as standing policy is that only City sponsored or non-profit organizations are allowed to hang banners, this is a for-profit organization, another policy issue would likely be the musical concerts off Main Street. Councilman Yost disagreed, expressing his opinion that no for-profit organization should be allowed to put up a banner without Council approval, it could turn into commercial advertising, however in this case the AVP brings into town considerable sales tax dollars. Councilman Boyd noted that this could very well be a policy whereby it is stated that for-profit banners may be allowed subject to Council approval, there would not be selling of advertising space, in this case there is benefit to the entire community. I Larson moved, second by Boyd, to allow the hanging of an event banner announcing the Seal Beach AVP tournament. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:44 p.m. The Council reconvened at 9:02 p.m. with Mayor Campbell calling the meeting to order. I PUBLIC HEARING / RESOLUTION NUMBER 4827 - APPEAL - DENIAL OF VARIANCE 00-3 - ADDITION - 220 SEVENTH STREET Mayor Campbell declared the public hearing open to consider the appeal of Planning Commission denial of Variance Number 00-3. The City Clerk certified that notice of the public hearing had been advertised and mailed as required by law, and reported receipt of one communication from the residents 8-14-00 I of 245 - 7th Street in support of the denial of variance 00- 3, copies of which were provided the Council. The Director of Development Services presented the staff report, explained that the Planning Commission conducted public hearings on this matter on May 17th and June 14th, the Commission decision was to deny the Variance request on a four to zero vote with one Commissioner abstaining because he was not present during the public hearings, the applicant then filed an appeal within the time period set forth by the City Code. The Director reported the applicant is seeking an approximate 237 square foot addition to the rear of a single story residence that is located at the front of the property at 220 Seventh Street, the property is legal non-conforming, there are two separate structures on the property, a two bedroom, one bath bungalow at the front of the property to which the addition is proposed, at the rear there is a garage structure with a downstairs and upstairs apartment, the rear structure is set too close to the side property line to comply with current standards. The property has three units with two parking spaces, under the City's zoning requirements for a property in this type of non-conforming situation if there were one parking space per unit then the property would have gone through a minor plan review process, since there is not one space per unit in order for this request to come before the Planning Commission a variance is required for the proposed addition, these structures were built in the 1940 time period therefore they do not meet the current standards of the City. He noted the request at this time is to allow the construction to proceed without providing a parking space for each unit on the property, and reminded that in order to grant a variance there are three basic findings that must be made. The Director made reference to the Planning Commission staff report in which there was extensive discussion of the Reasonable Modification provisions of the Federal Fair Housing Act as they apply to this type of request, the staff recommendation to the Commission was approval of the project based on the Reasonable Accommodation standards, the Planning Commission disagreed with the staff position, and their recommendation was denial. He mentioned that under the Reasonable Modification provisions there are a couple of issues to keep in mind, first, the principle aim of the federal law is the prevention of discrimination of persons trying to enjoy their housing who have some type of disability, also, a number of court decisions were reviewed, in some cases it was determined that cities needed to grant variances to allow an individual to have reasonable use of their property due to a disability. The Director pointed out that the staff report attempted to address each of the reasons set forth in the appeal, primarily from the viewpoint of the Planning Commission, the issue of Reasonable Accommodation was again raised in the appeal, under federal law and the court cases there are several findings under the Federal Fair Housing Act that cities deal with in making these types of determinations, first is that equal opportunity does not necessarily mean equal treatment, balancing a variance issue which usually means equal treatment against a Federal Fair Housing Act provision that says equal opportunity must be provided, there is some difference in that issue, the court cases have shown in some instances that municipalities must sometimes take an affirmative action to comply with the Federal Fair Housing Act provisions over and above what local development standards might entail, a second issue is whether such application would impose administrative financial costs on the city, that a determining factor in some of the court I I 8-14-00 cases, also, whether future residents would face burdens in using or occupying the dwelling that are not faced by a non- handicapped person, that could be an individual coming into the community and stating they want to occupy the residence or unit yet in order to do so there needs to be reasonable accommodations made from the city's general standards to allow that, and last, the accommodation of the request would not undermine the fundamental purpose of the city's land use controls, again, these issues were addressed in the Planning Commission staff report. The Director showed photographs of the units on the property, the issue is whether or not there is a need for modification of the structure to allow the existing bedrooms to adequately be used by the proposed occupants. He explained that staff felt this would not be a grant of special privilege because of the Federal Fair Housing Act however the Commission disagreed and recommended denial of the request. To an inquiry of Councilman Yost the Director explained that the area between the garage and the alleyway is meant for maneuvering in and out of the garage, people do park in those areas yet it is not a legal space as defined under the zoning code, that the reason for the variance request. The Director noted that initially it was felt that the side of the structures were too close to the property line, the plans submitted showed the rear structure and the front house both being set back three feet however Code requires a three foot nine inch setback, once the property was looked at in more detail it was determined the rear structure is three feet from the property line however the front house is set back the three feet nine inches therefore the proposed addition does not entail a variance for the front house, that was an issue at the first Commission hearing however was clarified at the second hearing. Again, if the property had three parking spaces the request would fall under the minor plan review process, no variance would have been required, the parking spaces are the only issue, Code allows for expansions and additions to non- conforming properties subject to certain conditions, one of the conditions being at least one parking space for each unit when there are three or more units, there is different criteria for two units or less, these standards were put in place in the early 1990's. The Director pointed out that Council had been provided copies of the staff report to the Commission, the minutes and the Commission Resolution, also, two resolutions have been prepared for Council consideration, one to sustain the Commission decision to deny the project, the other to sustain the appeal. Councilman Yost inquired if there has ever been a situation where the number of units have been required to be reduced or parking spaces increased under a similar circumstance. The response of the Director was no, however in cases where there are more units than there is parking a variance can be granted, in that case the Commission needs to make a determination that there is no reasonable way to provide an additional parking space or spaces on the property without demolishing a portion of the structure that exists on the property, through research staff was unable to identify any recent application that would be comparable to this, there have been applications to do other similar things to non-conforming properties however they do not deal with a lack of parking rather setback issues, etc. Councilman Yost said to his knowledge the setback issue has been adhered to, the ground floor of a structure can be non- conforming yet a second story in compliance with current Code. I I I -~ 8-14-00 I Mayor Campbell invited members of the audience wishing to speak to this issue to come to the microphone and identify themselves. Mr. Whitey Littlefield, Ocean Avenue, requested and was duly sworn by the City Clerk. Mr. Littlefield stated he is a resident of approximately ten years, the family of his wife have been residents for forty years, requested that the Council sustain the appeal that will allow the construction of approximately nine feet, this would extend the two bedrooms and a bathroom that is somewhat larger and accessible. Mr. Littlefield confirmed that initially the property was mismeasured, that issue was corrected, the request falls within the setbacks, the other issue was parking, the space between the garage and alleyway measures approximately three inches short of being a legal parking space. He noted that the proposed resident of the home, his mother-in-law, has arthritis, from time to time uses a walker, this addition would merely allow extra living space in her bedroom, and offered that his contractor was present to respond to questions if desired. In response to Councilman Yost, Mr. Littlefield said it would not be fiscally possible to join the two existing units into one. Mayor Campbell stated she visited the property, the addition would merely make the bedroom somewhat larger and a larger bathroom, the second bedroom is about the size of a closet, this is simply an enlargement. Mr. Littlefield stated his belief that the Planning Commission did not understand that the intent is not to add a bedroom, just enlarge the bedrooms, clarified that the rear units are upstairs and downstairs, and mentioned that when he repainted the house the neighbors applauded. The Mayor noted that the District Four Commissioner felt this was a policy decision that should be made by the Council. Ms. Sue Corbin, Seal Beach, claimed that staff did not present the position of the Planning Commission, said this should be put off until the Council reads the Fair Housing Act, claiming this does not come under that Act, this has nothing to do with a disability, if the appeal is sustained the City will never be able to enforce the zoning regulations, including Leisure World, everyone has some type of disability and everyone wants an additional 200 square feet, there is also threat of a lawsuit. Ms. Corbin claimed that the Commission wanted the City to develop guidelines, then this could be reconsidered in six months, there is nothing special about this property that falls under a variance, this undermines land use, when there is a disability the Fair Housing Act allows for larger windows, larger doors, even a driveway in the front for wheelchair access, the Act does not allow 237 feet for living space, if the applicant is allowed this consideration it then must be allowed for everyone else. Mr. Gordon Shanks, Surf Place, said this is again a precedent issue, most bothersome is bringing up the Disabilities Act in order to add square footage for more comfort, when people purchase properties in this community they know there are special rules, the reference to the Act is an implied lawsuit. To a question of Councilman Yost as to any awareness of a situation of a homeowner being required to remove a unit because of the lack of a parking space, Mr. Shanks said not specifically however there was an issue with allowing granny units and access to a second story, the problem then is when the property is sold it can become two units, therefore the need for caution, when Old Town went to single units that is what has helped to keep the town what it is, also, to allow the addition of the 237 feet has a monetary value that must be substantial. Mr. Shanks again expressed his opposition as setting a bad precedent. There being no further comments, Mayor Campbell I I 8-14-00 declared the public hearing closed. Having served on the Planning Commission for some years prior to joining the Council, Councilman Larson said he has always known the Development Services Director to uphold the intent of the zoning ordinance and with his knowledge, background, and history of the City, his recommendation to the Commission was that this be approved, and he would support that recommendation. Mayor Campbell read Section 6 of the Resolution that would sustain the appeal and relates to consistency with the City's General Plan. She mentioned again that the applicant is not adding more rooms, merely enlarging what exists, mentioned that the City often gets caught up with additions because of concern that in the future someone could convert it to an illegal second unit, this is not the case. Councilman Yost expressed concern with this issue, he too does not recall any similar application while he served on the Planning Commission, it is a Council policy decision, the issue is to take a structure that is legal non-conforming because of inadequate parking and allow an expansion so long as the structure is within the City's zoning and setbacks without requiring that the property be brought up to Code with the number of parking spaces or the reduction of the number of units in order to fall within the parking requirements for the property, the reduction of units however could cause a s~gnificant financial hardship, on the other hand if approved it says that all of the multi-units with less than required parking, therefore not within Code, can request to enlarge their property as well, that does impact what happens in the community and property values, it alters the character of the community, his preference would have been to have no staff recommendation as this is a policy decision for the Council. Noting that this issue is within his District, Councilman Boyd said he has always been a champion of the idea of down zoning Old Town as much as possible, to maintain the single family flavor of Old Town, and in recent years, with the aid of the low/moderate setaside, there has been an effort to maintain the existing housing stock, when an older bungalow goes on the market it is not the desire to see it torn down and replaced by two houses on a fifty foot lot, also an advocate of an owner/occupied rental program where someone buys a legal non- conforming property such as this, chooses to live on the property but also wants to enjoy the benefits of a mortgage offset through rental units, this property has been three units since 1947, and the improvements to the property since the new ownership has improved the neighborhood significantly. Councilman Boyd said the issue is not the enlargement, it is parking, special privileges are allowed those who own a business in the City to buy a parking space for $3,500, but that is denied the residents of the community. To sustain the appeal and allow this addition of 237 square feet should not be for Reasonable Accommodation, it should be for property rights and Reasonable Modification, there are properties where thousands of feet are allowed to be added that do not meet the sideyard setbacks, a property having a duplex is a recent example with sideyard setbacks of three feet, there is concern that ~here is not clear policy on Reasonable Accommodation, this case should be accomplished through modification, this enlarges two bedrooms and adds a bathroom, there is no understanding of the parking issue, this does not intensify the ability of this or a future property owner to rent and increase the density of the property, expanding properties to create new rental properties has been discouraged in Old Town, this merely I I I 8-14-00 I allows an owner occupied rental property to be improved and modified so that the owner will want to live there, that should be encouraged. Councilman Boyd agreed that he too was uncomfortable with the Reasonable Accommodation issue, this City has not dealt with that issue before, the Code was amended in the mid-1990's to allow a multi-family property to be modified to add square footage to a property like this. He again spoke to the parking issue, merchants are allowed to purchase spaces in the 8th and Central lot for $40 per year, businesses are allowed to purchase parking but the residents are not. Councilman Boyd made reference to the Resolution for consideration to sustain the appeal, said he would feel comfortable with moving forward with this matter and allow the modification of the property, it is consistent with the Land Use Element, and in reference to Section 6(d) suggested that the language that cites the Fair Housing Act be deleted and deem the request as a Reasonable Modification, and with adoption there should be an expressed intent that the Council supports an owner occupied rental program to maintain and improve property but not intensify the use or create new rental space, nor create new parking impacts. With the addition of a bathroom, Councilman Yost inquired if there is satisfactory assurance that that could not be converted into another rentable space, the response was that there is, the other bathroom serves the remainder of the house, the change is basically from a two bedroom, one bath house to a two bedroom, two bath house. Councilman Larson said he did not know Mr. Littlefield, he did not inspect the property, his concern is with the occupant, a person with needs, it does not seem right to tell the people they can not enjoy this house in a city where they have lived for forty years, this is good for the occupants, the house is now an acceptable color, there is no increase of vehicles, there is no increase of households living on the property, rather, it increases the life of the property and the comfort of the residents. Councilman Yost questioned what is believed will happen when in years to come the residents moved and there is then a two bedroom, two bath unit as opposed to a two bedroom, one bath unit, what is the likelihood of that being occupied by more people in the future. Councilman Boyd responded that it will likely be another owner occupied rental property, where the owner resides in the front property, this is greater control than having a three unit duplex with the owner living elsewhere largely due to the fact that instead of an 870 square foot bungalow it is now a nice house that someone would enjoy living in. Seal Beach is a supply constrained market for housing, this City has the second highest rental property rates in all of Orange County, when there are owner occupied residents of rental property that is when improvements occur, the subject property in fact had been an absentee owner, it could readily be seen that when sold this would be an owner occupied property and there have been substantial improvements made. Councilman Larson stated that the same thing will happen in the future that would happen to any structure that has had accommodations for a person with physical needs. Councilman Yost said just as a supposition, what would happen if a second story were added to the front bungalow with another two bedrooms and a bathroom and still , be within the Code however there would continue to be one or more parking spaces lacking, would that be a concern. Councilman Larson offered that everything needs to be taken into consideration when a proposal is presented, if modifications were substantial the action could likely be denial, this proposal is relatively minor in the sense of what kind of increased use would it make of the property. I I 8-14-00 The Mayor reminded that there is a difference between adding rooms and enlarging them. Councilman Boyd noted that the scenario given just occurred across the street from this property, a duplex where they took a 700 to 800 square foot bungalow, added a very large second story, they had two units, not one, the Code differentiates a two from a three unit property, why is unknown, if this property came to the City to add l,OOO square feet and a second story, would that be an issue, if they are adding that amount of square footage to make it a livable owner occupied unit and not a rental property it is uncertain if he would oppose that, it would be an improvement of a legal non-conforming property and encouragement of owner occupancy, with regard to the land use issue asked if the City wants to approve the selling of parking to businesses then deny a property having three units yet lacking the one parking space. Again, as to the inadequate size of the rear parking area, the Director confirmed that area is a required no build/no park area for turning movements and emergency response purposes, it is not considered to be legal parking even if it were twenty feet in length. Councilman Yost asked if the reason for recommending approval of this ,matter was the reference to a person with disability and opportunity to enjoy their property. The response of the Director was that that was the primary reason, the Commission staff report talks quite extensively of the Reasonable Accommodation of the Fair Housing Act and some of the court cases, in the past the City has taken a rather strong position to not grant variances for additions to structures on this type of a property unless there is at least one parking space per unit, and in looking at the court decisions on the Fair Housing Act on the Reasonable Accommodation/Reasonable Modification issue it was felt that the City was putting itself in some potential exposure to deny the request. Mayor Campbell noted that the concern is with precedent setting, this runs with the land. Councilman Yost again made reference to the Planning Commission holding legal non-conforming structures to Code compliance, that an addition be required to meet Code, that is why additions can be seen where the setback is required to be met yet the ground floor is not in compliance, this case is uncomfortable in that an addition may be allowed without meeting the requirements for either the units or the required parking, it can be understood to some degree if that were to occur based upon a persons disability but not as a precedent, it is necessary to be careful of things that run with the land, the issue is the parking requirements, he would agree also with the desirability of increasing owner occupied rental units and he would support that as a City policy. I I Councilman Doane moved to sustain the appeal, reversing the decision of the Planning Commission and allowing the proposed 237 square foot addition to a legal non-conforming building by the adoption of Resolution Number 4827 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, SUSTAINING THE APPEAL OF MICHAEL HARDING, APPROVING VARIANCE 00-3, PERMITTING THE ADDITION OF 237 SQUARE FEET TO AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED ON A NON-CONFORMING RESIDENTIAL PROPERTY AT 220 SEVENTH STREET, SEAL BEACH." Councilman Larson seconded the motion, however said that is based upon not deleting the language that Councilman Boyd requested, in that his vote is based upon the physical condition of the occupant. Councilman Doane stated his motion did not include deletion of that language. I 8-14-00 I The City Attorney made reference to the issue of precedent, stated for the record that every property is unique, every conditional use permit, every variance is based on a particular circumstance of a particular property, therefore whatever action is taken on this item only applies to this specific property, there is no legal obligation to anyone else who may come in to apply for a variance, each property is looked at based on its own particular circumstance. AYES: NOES: Boyd, Campbell, Doane, Larson Yost Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 10:07 p.m. The Council reconvened at 10:16 with Mayor Campbell calling the meeting to order. I Councilman Yost requested that the City Attorney prepare an Accommodation ordinance for persons with disabilities in the event there are similar applications in the future. The City Attorney agreed if that is the direction of Council, the Long Beach ordinance could possibly be looked at. Councilman Boyd suggested something that would define a Reasonable Accommodation as well as the Land Use Element in terms of square footage needed for a Reasonable Accommodation, in the prior matter 237 square feet was not excessive. The Attorney noted that what is termed a Minor Accommodation is a very small percentage in most cities, maybe five or ten percent, however the Federal Housing Act is what is difficult because it does not provide any direction, just a general platitude that accommodations should be made, it is then up to the local officials to determine what they mean. I RESOLUTION NUMBER 4828 - CABLE TELEVISION FRANCHISE - TRANSFER OF CONTROL The City Attorney explained that Adelphia Communications has basically made a trade with Comcast Cable, Comcast is looking to consolidate their holdings on the east coast and Adelphia wants to enlarge its holdings on the west coast. He noted that the City has very little discretion, an attorney in their firm has reviewed the records and determined that Adelphia has sufficient resources to adequately provide cable service to the City, and it should be kept in mind that under federal law tomorrow is the deadline for taking action, if no action is taken by the Council at this meeting the transfer would be deemed approved, there has already been a request and approval of one extension until tomorrow, this allowed the City additional time to review their financial records, therefore the recommendation would be that the City adopt the Resolution authorizing and consenting to the transfer of control of the cable television franchise held by Comcast to Adelphia. The City Attorney noted one additional issue is the rental of the studio and the control room. The Acting City Manager introduced Mr. Lee Perrin, Vice President of Corporate Affairs for Adelphia Communications. The Acting Manager noted having spoken to Mr. Perrin this date with regard to the difficulty that the Cable Communications Foundation may be encountering when the cable operator is no longer obligated to pay the rental fee for t~e studio and control room, that being the first months of 2001 and the fact that the new facility as part of the Bixby development will not be available for eight to nine months thereafter. Mr. Perrin expressed appreciation for having an opportunity to address the Council, Adelphia understands the City is looking at a transition period with regard to the location where the public access personnel are housed and operate 8-14-00 from, said he needs to look at those issues and understand the lease agreements, costs, and arrangements that Comcast has had in place, however he is willing to state that at the close of the transaction, anticipated to be in the fourth quarter of this year, Adelphia would like to have the opportunity to meet with City staff and discuss ways that in a cooperative effort Adelphia can help manage the transition for the public access programming. Mr. Perrin noted that Adelphia has been a company since 1952, founded by John Regis, he still owns the company and plans on keeping it, his three sons all work and run the company with him, Adelphia brings a wonderful reputation for excellence in customer service to the west coast, in a survey of customer service for all cable operators around the country last year Adelphia was ranked one of three companies above average, Adelphia is known for being aggressive with the deployment of new technologies, it is known that Comcast has done a good job in rebuilding systems and deploying digital and cable modem service, Adelphia does that as well, Adelphia is a telephone company, a competitive local exchange company, they will begin building a west coast team to offer business to business telephone data, they installed over 81,000 business lines in the second quarter of year 2000, and it is hoped by the end of 2001 to offer competitive local telephone service, and they are interested in having a strategy where customers in Seal Beach will have the opportunity to buy services from Adelphia for less than they can be bought from others. Councilman Larson inquired if the signage will be Adelphia Communications or Manchester Corporation. Mr. Perrin responded that signage will be Adelphia, Manchester is a holding company owned by the parent company, Adelphia Communications Corporation. Councilman Doane noted that in the past there was a government requirement that all cable companies provide for public access, that requirement no longer exists however this community is strongly supportive of its public access, and inquired as to the feelings of Adelphia in that regard. Mr. Perrin responded that when Adelphia comes to ,a city they do so to meet or in some cases exceed all of the obligations of the current franchise, there is nothing in the City that is currently happening that will not continue with the transition to Adelphia, with regard to their philosophy relating to public access, Adelphia is most likely the largest distributor of local access, public access, and news in Southern California, they in fact own the Orange County News network which provides news to Comcast, Adelphia, cox, and Media One cities, Adelphia is supportive, has tremendous resources, it is felt it differentiates from other service providers. To questions relating to channel changes, rates, areas where Adelphia operates, and the date OCN was acquired, Mr. Perrin responded that initially there is no change foreseen in channels and rates, their intent is to learn the local operation, understand how they can add value, the digital platform Adelphia provides is a more robust platform than the one Comcast currently deploys in Southern California, it is a good platform, aggressive in putting it out, competitive, the current platform provides two hundred ten channels of audio and video service, Adelphia operates in over fifteen states, the sixth largest telecommunications company in the United States in terms of the cable industry, that is made up of a vast number of small communities that they operate and serve, OCN has been owned by Adelphia since October, 1999. I I I Boyd moved, second by Doane, to adopt Resolution Number 4828 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF -,"'. 8-14-00 SEAL BEACH AUTHORIZING AND CONSENTING TO THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE HELD BY COMCAST CABLEVISION OF SEAL BEACH, INC." By unanimous consent, full reading of Resolution Number 4828 was waived. I Councilman Yost asked if the City had done due diligence in reviewing this company, what was done to assure that the City wants to approve this, and does the City have to approve the sale. The City Attorney responded in the affirmative, explaining that the City has very little discretion based on the deadline, he is aware of Adelphia coming into about eight cities, they took over Century and Comcast, their law firm has dealt with this issue for about a year and a half, and as set forth in the Resolution, they have the requisite financial, technical, and legal qualifications to perform all of the legal obligations of the franchise. Councilman Yost asked if there is an awareness of problems in other cities, and is there any possibility of renegotiating the contract given the change of ownership. The City Attorney stated he was not aware of any problems, historically there had been problems in cities serviced by Century and Comcast, that has not occurred with Adelphia, and under the franchise, if Adelphia can meet the requirements of the City the City can not unreasonably withhold consent, a transfer does not open the agreement to renegotiations. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I POLICY STATEMENT - LOCALLY DESIGNATED HISTORIC STRUCTURES The Director of Development Services presented the staff report, the request is the adoption of a policy statement that would establish a list of locally significant historic structures within the City, noting that the Municipal Code allows for properties designated as a local historic property to apply for a Historic Conditional Use Permit, that Permit would allow certain modifications to those structures subject to the provisions set forth in the policy statement, certain language from that ordinance is actually restated in the Policy. He mentioned also that the State of California has adopted the 1997 Uniform Code for Building Conservation, that Code deals with additions, remodels, and relocations of existing structures and sets forth certain standards that would apply to those types of structures where they would not be required to be totally brought up to current day Building Code requirements, in that Code there is also a definition of an historic structure as well as a separate chapter that sets forth the parameters as to how those historic structures do remodeling, additions, relocation of a structure, what needs to be brought to current standards and what portions of the structure would not yet still resolve any life and safety issues, fire exiting, etc. He said given the issues that have come up with both the Krenwinkle and Proctor homes, it is suggested that those two structures be placed on the policy statement and adopted. The Director reported that this is an issue that the Council began to deal with in 1991, this Council has been provided the policy statement from that time however that Council took no action, that statement was aimed only at the Historic CUP of the City Code and proposed a much longer list of structures to be included in that list. He noted that this issue is somewhat of a fallout of two recent Council actions, the adoption of the Residential Conservation Overlay Zone that deals with bed and breakfast uses in certain areas of the City, the Council requested a report back from staff with regard to establishing a historic I 8-14-00 preservation program in the community on a larger scope, that was presented in March and has been continued to a time uncertain when it is desired to bring that issue up once again, at that same time it was recommended that the Council establish a list of locally designated structures, the primary purpose is to qualify under the Historic CUP provisions of the City Code, that has been in existence for a I number of years, yet until the City designates certain structures there is no structure in the community that can , apply under those Code 'provisions, thus there is no structure that would be of an historic nature that could do a remodel or addition or major alteration without having to bring the entire structure up to current building standards, this would provide that flexibility. Mayor Campbell made reference to the proposed Historical Buildings Inventory of 1991, and inquired if any of those structures have been lost since then. The Director said he believed that a couple of them no longer exist, it is not certain that the Krenwinkle house listed on 12th Street is correct, however it has been said that two different houses had been moved from Anaheim Bay. He noted that staff is not requesting approval of the 1991 structure listing, rather, the Locally Designated Historic Structures policy Statement of August 14th, 2000 that sets forth the Krenwinkle and Proctor houses. Councilman Boyd noted that the Policy mentions locally historic buildings or structures, and asked why the Old City Hall is not listed. The Director clarified that at this time only those structures that were known to be coming forth for some type of remodeling or relocation were of immediate concern, suggesting that if it is felt the policy Statement in general complies with the Historic Conditional Use Permit and the I Uniform Building Code provisions then staff would want to go back and look at the 1991 policy Statement to review the buildings and structures on that list and if it is felt they are still appropriate to include on the 2000 Statement they could be brought back to the Council for addition thereto, also, the Old City Hall structure is on the National Register of Historic Places, a higher level of recognition than most other structures in the community, it is not believed that the municipal pier would qualify in that it likely does not predate 1925. The Mayor asked that the 1991 list of structures be looked at for similar protection. Boyd moved, second by Doane, to adopt the Policy Statement regarding the designation of Locally Designated Historic Structures. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried REFINANCING - ASSESSMENT DISTRICT NUMBER 94-1 - SURFSIDE COLONY UNDERGROUNDING BONDS Councilman Boyd noted that this is an existing Assessment District for which there has been an opportunity to refinance for a savings to the taxpayers of Surfside Colony of their assessment upon themselves of approximately $300,000. The Director of Administrative Services reported that the actual amount of savings, based upon the borrowed amount of $1,434,000, is between $120 to $150 annually, the aggregate savings to be in excess of $340,000. She invited any questions to be directed to the bond legal counselor the bond underwriter. Councilman Boyd expressed appreciation for this effort on behalf of the three hundred thirteen Surfside Colony homeowners. I 8-14-00 I ASSESSMENT DISTRICT REFINANCING - RESOLUTIONS NUMBERED 4829 / 4830 /4831 Boyd moved, second by Larson, to adopt Resolution Number 4829 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING INTENTION TO UNDERTAKE REASSESSMENT PROCEEDINGS AND TO ISSUE LIMITED OBLIGATION REFUNDING BONDS BY SUMMARY PROCEEDINGS WITHOUT NOTICE AND HEARING" (Surfside Colony Reassessment District No. 2000-1). By unanimous consent, full reading of Resolution Number 4829 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried Boyd moved, second by Larson, to adopt Resolution Number 4830 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AND CONFIRMING THE REPORT ON THE LEVY OF REASSESSMENTS AND THE REFUNDING OF ITS 1915 IMPROVEMENT BONDS" (surfside Colony Reassessment District No. 2000-1). By unanimous consent, full reading of Resolution Number 4830 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I Boyd moved, second by Larson, to adopt Resolution Number 4831 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING ISSUANCE AND SALE OF NOT TO EXCEED $1,800,000 MILLION PRINCIPAL AMOUNT OF AUTHORITY 2000 REFUNDING REVENUE BONDS, APPROVING FORM AND SUBSTANCE OF INDENTURE OF TRUST AND AUTHORIZING CHANGES THERETO; APPROVING A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING CHANGES THERETO, APPROVING A LOCAL OBLIGATiON PURCHASE CONTRACT, A BOND PURCHASE CONTRACT, A CONTINUING DISCLOSURE CERTIFICATE AND AN ENGAGEMENT LETTER WITH FULBRIGHT & JAWORSKI, L.L.P., AND AUTHORIZING CHANGES THERETO AND EXECUTION AND DELIVERY OF EACH, AND AUTHORIZING RELATED ACTIONS NECESSARY TO IMPLEMENT THE PROPOSED REFUNDING PROGRAM" (2000 Authority Refunding Revenue Bonds). By unanimous consent, full reading of Resolution Number 4831 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried SEAL BEACH PUBLIC FINANCING AUTHORITY MEETING Chairman Campbell called to order the meeting of the Seal Beach Public Financing Authority. ROLL CALL Present: Chairman Campbell Authority Members Boyd, Doane, Larson, Yost Absent: None I PUBLIC FINANCING AUTHORITY RESOLUTION NUMBER PFA-004 - 2000 AUTHORITY REFUNDING REVENUE BONDS Resolution Number PFA-004 was presented to the Authority entitled "A RESOLUTION OF THE GOVERNING BOARD OF THE SEAL BEACH PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $2,500,000 DOLLARS AGGREGATE PRINCIPAL AMOUNT OF 2000 AUTHORITY REFUNDING REVENUE BONDS, APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF INDENTURE OF TRUST, A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT TO BE DERIVED THEREFROM, A LOCAL OBLIGATION PURCHASE CONTRACT, A BOND PURCHASE 8-14-00 CONTRACT, AND PROFESSIONAL SERVICES AGREEMENT WITH BOND COUNSEL, AND AUTHORIZING RELATED ACTIONS IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE 2000 AUTHORITY REFUNDING REVENUE BONDS (2000 Authority Refunding Revenue Bonds). By unanimous consent, full reading of Resolution Number PFA-004 was waived. Boyd moved, second by Larson, to adopt Resolution Number PFA-004. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I By unanimous consent the Seal Beach Public Financing Authority meeting was adjourned. RESOLUTION NUMBER 4832 - ISSUANCE - LIMITED OBLIGATION REFUNDING BONDS - SURFSIDE COLONY REASSESSMENT DISTRICT NO. 2000-1 Resolution Number 4832 was presented to Council entitled "A RESOLUTION ,OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH PROVIDING FOR THE ISSUANCE OF CITY OF SEAL BEACH LIMITED OBLIGATION REFUNDING BONDS OF THE SURFS IDE COLONY REASSESSMENT DISTRICT NO. 2000-1; PRESCRIBING THE FORM OF SAID BONDS AND CERTAIN TERMS AND PROVISIONS THEREFOR, AUTHORIZING THE EXECUTION OF SAID BONDS, PROVIDING FOR THE COLLECTION OF REASSESSMENTS TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS, APPROVING THE SALE OF SAID BONDS TO THE SEAL BEACH PUBLIC FINANCING AUTHORITY, AND APPROVING FORM AND SUBSTANCE OF PRELIMINARY OFFICIAL STATEMENT AND EXECUTION OF FINAL OFFICIAL STATEMENT TO BE DERIVED THEREFROM" (Surfside Colony Reassessment District 2000-1). Councilman Boyd inquired about taking action to form the Surfside Colony Reassessment District No. 2000-1, to that bond counsel, Mr. Sperry, advised that that was done with the adoption of Resolution Number 4830. By unanimous consent, full reading of Resolution Number 4832 was waived. Boyd moved, second by Larson, to adopt Resolution Number 4832 as presented. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The Acting City Manager ,conveyed appre,ciation to the Council for having had the confidence in his ability to serve in that capacity during the past several weeks. COUNCIL COMMENTS Councilman Doane commended Mi: Dorsey foihis efforts as Acting City Manager as did other members of the Council. Councilman Yost reported that the San Gabriel Rivers and Mountains Conservancy met on Friday, they have hired an Executive Director, the Conservancy has been funded with $15 million to date, another $10 million may be forthcoming, their meetings and minutes are on their web site, the meetings are public, one member of the Board retired and will need to be replaced, all other positions are filled. He mentioned again the upcoming Volleyball Tournament. Councilman Boyd noted that the Main Street alley is open, expressed appreciation to staff, stating the project was a worthy endeavor. With regard to the Seal Beach Boulevard project he mentioned that the inconvenient delays should not last much longer, and to the median, said he presumed there will be trees, and inquired if there will be turf or plants. I 8-14-00 / 8-28-00 I The Director of Public Works explained that at present the City is awaiting additional dirt, that is coming from the sewer project, City crews will then amend the soil, install an irrigation system, there is about two hundred fifty fifteen gallon trees anticipated, the size is a requirement of the grant, as a result, in addition to beautification it is hoped that this will slow traffic speeds as well, the intent is to use ground cover rather than turf, turf uses more water and labor, ground cover will also add color, there will be some hardscape, the Recreation and Parks Director has been working with the tree committee, some architects, and the Parks Supervisor on this project. Councilman Boyd mentioned that if there are other opportunities for medians in the community he would like to see a variation of turf and ground cover use, it is understood that the continuation of the greening of the Bolsa parkway will take place this year as well. With regard to the time frame for the Boulevard improvements, the Public Works Director reported that the Gas Company phase is nearly ,complete, the sewer line replacement will be finished shortly thereafter, it is a week ahead of schedule, all southbound lanes should be open this week, the northbound possibly the following week, then the paving phase which as yet does not have a start date. To Councilman Larson's inquiry as to something taking place on Westminster Avenue, the Public Works Director stated that it is a Long Beach project, possibly the bridge, and there was work too by the Orange County Water District on some injection wells. Mayor Campbell thanked the City crews for the weeding in the Lampson Avenue center divider. I ADJOURNMENT By unanimous consent, the Council adjourned the meeting until August 28th at 6:15 p.m. to meet in Closed Session relating to employee negotiations. The meeting was adjourned at 11:10 p.m. o ex-off'cio clerk Seal Beach Approved: ~WJ~J e~ Mayof Attest: I Seal Beach, California August 28, 2000 The City Council of the City of Seal Beach met in regular adjourned session at 6:15 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag.