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HomeMy WebLinkAboutCC Min 1998-12-14 12-14-98 Seal'Beach, California December 14, 1998 I The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor ProTem Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Campbell Councilmembers Boyd, Doane, Yost Absent: None Vacancy: One 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 Mrs. Stoddard, Director of Administrative Services Mr. Dorsey, Assistant to the City Manager Ms. Beard, Director of Recreation and Parks Mr. Dancs, Associate Engineer Mrs. Yeo, City Clerk I APPROVAL OF AGENDA Mayor ProTem Campbell requested that Items "F, K, L, and M" be removed from the Consent Calendar for separate consideration and that Item "0" be moved to the beginning of the meeting. A member of the audience requested Item "J" removed from the Consent Calendar. With regard to a question of Council as to whether it was necessary to take any action relating to the City Manager contract, the City Attorney advised that no action was necessary, the terms of the contract were announced at a prior meeting, however it is a public document, available to anyone who wishes a copy. To a comment of Mayor ProTem Campbell, request was made that she be provided a lined version of the City Manager contract. Boyd moved, second by Yost, to approve the order of the agenda as revised. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried I ORAL COMMUNICATIONS Mayor ProTem Campbell declared Oral Communications open. Mr. John Unrath introduced himself as President ProTem of the College Park East Neighborhood Association. Mr. Unrath made reference to a recent article relating to the lawsuit filed against the Bixby project, noted that under the by-laws of the CPE Neighborhood-Association the membership can be informed regarding such issues however can not take action, the Association may not support political issues or distribute propaganda, individuals however may take a position on issues such as the Bixby project, the Association is prohibited by its by-laws from taking any action whatsoever, it has not, will not, nor will it join in any legal action against the Bixby project, and to that said he 12-14-98 forwarded a letter to the newspaper which he is in hopes they will print. Mr. Unrath announced that the Association held this annual Holiday party at Heather Park the past Saturday, there were about two hundred children, candy canes, and the fire engine. He thanked Ms. Sustarsic and Ms. Beard from Parks and Recreation, Mr. Corday who drove the fire truck throughout CPE, and a special appreciation to Mr. Eagle for all of his help. Mr. Unrath announced and invited all to attend the upcoming Christmas Light Decorating Contest on Saturday. Mr. Reg Clewley, Catalina Avenue, made reference to his prior request to review the contract of the City Attorney before its renewal. To a news article relating to open meeting laws, often ignored, said he has commented on a number of occasions about what he perceives as violations of the Brown Act, his comments have been dismissed as being in error, he claimed that ways are found to circumvent the Brown Act, it is a misdemeanor to violate the Act, yet no one has ever been convicted. He asked that the contract of the City Attorney be on the next agenda. Mr. Doug Korthof, District Three, stated he wished to speak regarding Hellman, he would like the property to stay the way it is, it can be made into functioning wetlands, the Council has approved the project but there are law suits against it, most likely the project will be returned to the Coastal Commission" and the Council will have to select a different plan. He asked that the Council go back to the Port of Long Beach and ask for the mitigation credits that they may have available to help restore the wetlands, restore the property entirely to wetlands, this would then be a wildlife corridor from Bolsa Chica to the Los Cerritos wetlands, a tourist attraction and more prestigious than a golf course. Long Beach has already offered to come up with $26.5 million and with the help of other agencies this could be another plan. Mr. Ed Simmons, 17th Street, noted the many years and millions of dollars that has been spent on beach sand replenishment, referring to the new sand as looking more like dirt. He said the sand along the south jetty and the pier used to go out much further, the structure of the beach is now being changed, more sand has been lost at the south jetty than has been brought in. As to what is not being done, Mr. Simmons suggested going down the pier and set transit marks every five to ten feet then take pictures several times a month, every month, study where the sand is going and what months it comes back. He made mention of the quarter million dollars being spent to redo two restrooms, questioning if anyone has been to Newport or Huntington Beach, both have eliminated the restrooms under the pier because of problems, replaced with trailer restrooms that are clean, well lit, easily maintained, asking if anyone has looked into them. He stated again that the replenishment since 1983 has proved to have done nothing, except cause flooding in his area, the waters will not be stopped if there is a major surge or storm, the beach will immediately be gone. There needs to be something done long range with regard to the beach, there is no plan relating to the debris that comes down the River, asked if the City receives money from upstream cities for trash cleanup, something needs to be done to clean up Seal Beach instead of directing attention to other issues outside this City. Ms. Elizabeth Lathesdma, Old Town resident, read her poem relating to the 'week before christmas' in Seal Beach with suggestions for the following year of "much more . twinkling up high in the treetops, a Main Street that screams to the people come shop, there is little to no sense of teamwork to be found but Main Street should be dressed up from bottom to top with bright Christmas colors and flowers I I I 12-14-98 I in pots, bundles of merchants who all agree to decorate with commonality, on weekends the carolers can stroll through the streets and sing of sweet music to all that they greet, merchants that swing open their doors and host a simple, old fashioned New England type toast, the kind where a passerby stops in and sees, and in doing so is offered some tea, the yearly parade is always so grand and draws so many to view from a stand, it is one of several things that we should do to keep folks coming back more than one time or two, let's get folks excited, back into the spirit of home decorating and offer a carrot, to the best decorated, the cutest of all, some kind of prize like a nice crystal ball, please don't lay this issue aside, give us a nod that you will actually pose, a committee of volunteers to answer a call and get folks shopping here and out of that mall, and you'll hear them exclaim when they walk down our streets, we'll be back because this is a true Christmas town." Ms. Lathesdma expressed appreciation for hearing her poem and requested assistance to appoint a volunteer committee to help bring focus and vision to the holiday season of next year, and that monetary provision be considered in the budget to support such program as there are many things that can be done to delight and attract people from all around to visit this City, the best place on earth to create a New England illusion and the only place on the west coast where it can be foreseen to happen. Ms. Lathesdma offered her services as the first volunteer. Members of the Council spoke supportively of the suggestions, more lights in the trees, the planting of poinsettias, noted the holding of the annual holiday parade, the College Park East holiday gathering and light contest, with a suggestion that this be coordinated through the Recreation Department. There being no further comments, Mayor ProTem Campbell declared Oral Communications closed. " I I ITEM "0" - TEEN CENTER PROSPECTUS The Director of Recreation, Parks, and Community Services reported this item is the result of a public request for a teen based activity center, the prospectus developed by Ms. Lidyoff, present at this meeting, who has worked closely with the LEO's organization on this project. The Director reviewed the alternatives proposed as 1) adoption of a budget amendment transferring reserves of $8,500 to the Recreation Department budget to cover staff, supplies, rent, and utilities for the remainder of the current fiscal year; 2) Council support of the concept and encourage volunteer staff for supervision and private and corporate contributions for funding such center, possibly the provision of surplus space for the center without charge; and 3) a collaborative effort with an existing service provider, the Youth Center in Los Alamitos, a possible request for a needs assessment and feasibility study with no financial obligation to the City. Ms. Cynthia Lidyoff, Crystal Place, noted there is considerable support for a teen -center, there is an adequate number of volunteers thus far, and an interim facility that can be used for a period of about two years at the day care location at 12th and Landing. Ms. Lidyoff stated the request is for a recreation staff person for about six months with the hope that the Recreation Department will then submit a budget for a staff person on a regular basis, the proposed center has sponsors in the Lions organization willing to help with coordination and financing of the non-profit status, and the facility is available. Councilman Boyd commended the prospectus and proposal for the teen center, noted the three options proposed, however expressed his preference that a 12-14-98 needs assessment be done first to allow further evaluation of the target population and needs which in turn will aide the determination as to how much financial resources may be committed. Ms. Lidyoff stated uncertainty as to what is involved in a needs assessment, if it is a lengthy study process she would be opposed as there is immediate need for such center. The City Manager said he believed the Los Alamitos Center is looking for another branch possibly in Rossmoor, they have the structure in place to do a needs assessment, not a detailed assessment, rather what age groups would benefit from what programs, the degree of parental involvement, the levels of community support, liability, the management and administration of these kinds of programs, etc. Ms. Lidyoff responded that the needs assessment has been addressed, the facility is a maximum expense of $300 per month, staff expense would be about $10,000 per year, what is being requested now is $5,000 for the six month period, estimated total annual expense for a full year would be about $17,000, where similar centers operate on hundreds of thousands of dollars, in fact, the use of the interim facility will be the needs assessment. Ms. Sandy Goldstein said her profession is strategic planning and fund raising for non-profits, offered that the hardest population group to demonstrate needs for is teenagers because it is difficult for them to make a predetermined commitment to be there or sign up for a project ahead of time, they are a challenging population to serve, therefore in this case the determination was that the best way to establish need is to establish a center then do ones best to attract those participants. She added that any study done will be no more than lip service, so what is needed is to demonstrate that the youth will come to a place that is meaningful to them and the community, that is why the proposal is for only an interim period. The Manager offered that if the Council supports this in concept and moves forward with an assessment of how it would work, the idea would not be to study it to the point of delay, rather, obtain answers to questions that the Council may have. Councilman Yost spoke of the known need for this type of facility, noted from his own professional experiences that this is a difficult age group to work with, the need is not the question, rather, it is how to make it successful. He mentioned that the Los Alamitos and Huntington Beach programs are successful, noted his preference to have their input instead of initiating this program on its own, seek input from the Los Alamitos group since they have done this successfully, yet this project should not be delayed. Mr. Stan Anderson, Balboa Drive, acknowledged the need as well, noted that the Los Alamitos Program is expanding and want to be involved, this is something that should be looked at as an option, also, in their program ninety percent of the people involved work with the school, 6th, 7th, and 8th graders, agreed that a needs assessment is something necessary in order to make the right decisions, the intent is to do the best for the youth, keep them active, give them a place to be. I I I Councilman Yost moved to seek a needs assessment as well as some direction as to what is thought should be done for the Seal Beach youth, and done in a timely manner. Councilman Boyd seconded the motion for discussion. As a point of clarification, the Manager mentioned that the youth center in Los Alamitos basically serves the School District area, they have changed their name, are branching out, and said there will be an effort to obtain this information as quickly as possible. Ms. Lidyoff said it is thought that this center 12-14-98 I will serve students that do not drive or not necessarily interested in having their parents drive them. Councilman Boyd inquired as to the feelings of Ms. Lidyoff and!or the other proponents of this program should the Council opt for option three, to which Ms. Lidyoff said she had not seen the staff report prior to the meeting, whereby Councilman Boyd read the options, pros and cons. Ms. Lidyoff said early on a collaborative effort was given only to momentary consideration, she is a parent who voted against the merger of the Los Alamitos!Seal Beach School Districts, her first thoughts are with the parents and students of the Old Town and Hill areas, when there is a collaborative effort, especially with persons who believe they know all, it could be years before having something that specifically benefits Seal Beach as opposed to those who have other interests such as expanding their realm of authority or income generating capacity, this proposal is not looking for a program that is extremely expensive, something modest run by the teens, with an adult board along with the Seal Beach LEO's, teenagers that raised $7,000 this past year and donated to local charities for young people with the exception of some funds donated to Lion causes. Ms. Lidyoff offered that there is a difference with keeping the program local and simple, going national is not acceptable, therefore she would not favor that option. Councilman Doane spoke favorably of the list of supporters for this program, his concern however would be with starting such a program without the value of input and experience, he would support the motion because there is need to see what programs are successful and those that are not, what programs work in the other centers, not make the same mistakes, as he would want this program to work. Ms. Lidyoff responded that there are enough people involved on a interim basis to get started with a small commitment, however if it is felt necessary to have a needs assessment for a sophisticated program, that is a wonderful idea, however, rather inexpensively it could be found that the need is there, and that it is a successful program with the people that want to be involved, ~herefore both could probably be done if there is a willingness to move a bit quicker. Councilman Yost indicated his enthusiasm for the program and support for moving more quickly, however this is not just about doing a needs assessment, but risk management and liability assessments, again, the age group in question being most difficult to work with, his intent is that this be successful and a benefit, therefore the proposed direction is felt to be best. Councilman Boyd said from a financial perspective it is not necessarily to put a price tag on the services offered however the recreation field has transitioned from one that makes a financial commitment every year to a fee for service, a balance to where it pays for itself, a structure that was implemented and has taken years to do. He noted that his initial reaction was that the proposal is good, $8,500 is not substantial money in general terms yet it is moving towards a yearly commitment of about $17,000, once committed the City will not back away but it must be expeditious, long term and far reaching, and with some vision. To a question of Councilman Yost, the Manager offered to start immediately to obtain input from Los Alamitos, in fact they have been contacted. Ms. Goldstein noted with appreciation the enthusiasm for this proposal, however suggested a possible thirty day cap to explore the resources of the Los Alamitos center to assist with the design of the first program, the need is there, it is the manner in which it is going to be packaged. The Manager offered that it may not be a full needs assessment however it I I 12-14-98 may be a progress report. Councilman Boyd suggested a report back at the last meeting in January given the motion to move forward with the collaborative effort with the Los Alamtios center, and requested information as to the members of the current Teen Center Advisory Board. Mayor ProTem Campbell noted that since Seal Beach and Los Alamitos are part of one School District it is likely good to be involved with the Los Alamitos Center as there will be situations where children may wish to frequent a Center in other areas of the District rather than just Seal Beach. I Vote on the motion as previously stated and amended to include a report on January 25th and a report as to the members of the current Teen Center Advisory Board. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried PRESENTATION - PAVEMENT MANAGEMENT PLAN The City Manager noted that this report is preliminary to the upcoming presentation of the evaluation of the City's financial status, including a discussion of the Utility Users Tax. He noted this presentation is of the entire pavement management system, a prerequisite for receiving grant funding and the City's fair share of Measure M and federal funds. The Director of Public Works explained that this is the first of several reports looking at the infrastructure of the City to accomplish some long term planning, in the past there was considerable work deferred during times when the City had significant financial difficulties. I The Associate Engineer, Mr. Dancs, commenced a visual presentation of highlights of the Plan. * He noted the basic concepts of pavement management, how streets are chosen, the fundamental allocations for them, pointed out that roads must be managed and not just maintained, if the infrastructure is not maintained and resources are not properly allocated, the roads will deteriorate at a faster rate unless there is timely maintenance; presently approximately forty-three center line miles of streets are maintained, over a million square yards or two hundred twenty-five football fields, and streets have a high replacement cost; the benefits of pavement management allows the effective use of resources justified to secure outside funding, more accurate, accessible information, better coordination with other utility agencies, the City's utilities such as water, sewer, construction, cable, etc., shows the impact of funding decisions, quantifies the condition of the network, tracking the performance of treatments, such as slurry seals and overlays, and supports needs analysis which is requests for funding; good roads basically cost less, over the long term, as long as a reasonable level of service is provided and if the pavement responds to proper maintenance, the techniques used help the pavement to be maintained; streets are designed to last twenty-five to thirty years without maintenance, after fifteen years it costs a dollar to renovate streets, after the next five years there is a forty percent drop in quality which then takes four to five dollars to renovate with reconstruction, although a street can last without I * * * * I I I 12-14-98 * maintenance for thirty years if properly maintained with slurry seal and overlays, local streets could last up to two hundred years and major streets up to a hundred twenty years; if streets are not maintained in a timely manner they deteriorate rapidly and the cost increases substantially, even with slurry seal and overlays a street will eventually go bad; streets are monitored for existing conditions and what type of treatment is needed, if slurry is used that is to deter further degrading and with the knowledge of the need to be overlaid within a couple of years, keeping in mind how to apply these programs and effectively use taxpayer resources; if not maintained streets will need replacement in their entirety; pavement condition index - the analysis of streets shows the various types of distresses, that is how streets are rated, that is also a criteria of OCTA for funding and requirement that Measure M funds be used for a Pavement Management System otherwise there is no local turnback; alligator cracking is a sign of base failure or pavement fatigue, considerable alligatoring will be rated as a low quality street; the entire data base has been placed into the existing GIS system which sets forth the rating of all streets; the strength of a pavement lies with the base underneath the asphalt, the asphalt the protective, flexible layer, once the flexible layer becomes dried out, old, brittle, possibly too much surface water, cracks appear and water then soaks into the base, once the top layer of asphalt starts moving it grinds on itself, alligator cracking one of the more advanced stages of failure; examples of weathering, raveling, longitude and traverse cracking were shown, there are about ten other pavement ratings in addition to those of OCTA; a history of street projects during the past six years was shown, noted however that concrete streets may not be in the data base as yet, also that they are treated differently; failure areas in College Park East are suspect of having a poor preparation for the overlay and lack of a rough surface for the new aggregate to lock into; to the comment that some of the failures are on streets that were done just a few years ago, it was noted that the rubberized asphalt paving used in that area was essentially to bridge a subgrade problem given the high water table and wet soil; as to what roadways are done first, they are prioritized by pavement conditions, worst streets first, weighted at seventy-five percent, then functional classification, whether it is an arterial or primary street based on the amount of traffic it receives, pave the street having the most usage with the highest rate of deterioration, there is beneficial use by doing the collectors and others first, however that would not preclude a cul-de- sac from being high on the to do list; future plans are to do actual traffic counts; it was noted the idea is to have a balance, even though maintenance is good to a point, the intent is to not spend every dollar on that function, recognizing that some streets will need to be done that have gone beyond maintenance, possibly a blend of good and bad streets, some slurry, some reconstruction, 12th Street an example, that will last for many years; * * * * * * * * * * * * * 12-14-98 * eighteen examples of some two hundred forty pavement management systems were shown, Seal Beach Boulevard, Harvard, Lampson, local streets, several streets tied because of their functional ranking; pavement conditions by area were shown, nearly half of the City's streets are arterials, forty-three percent, if it is said that the arterials are in bad condition, that is a high percentage of pavement dollars; reconstruction of the million square yards of pavement would be $32 million; cost to upgrade or repair the backlog to acceptable condition, estimated $12 million; if all streets were in perfect condition, the cost of maintenance for a life cycle of one hundred twenty years for an arterial and two hundred years for a local street would be a minimum funding level of $610,000 per year; for a no maintenance alternative, a million dollars to be saved each year to cover the cost of reconstruction when the streets fail; somewhere between $600,000 and $1 million is an appropriate annual funding level for streets; based on current situation, estimate, including the backlog, about $850,000 per year over a slow time period to build up the street network; as to current funding, most street funding is from outside sources, the half-cent sales tax Measure M turnback, about $196,000 yearly, gas tax is about $340,000 per year, that totals about $536,000 annually, this demonstrates that the City is on the low end of maintaining the minimum, and the need for other funding sources, some cities have opted for special assessment districts; the City has however applied and won a competitive OCTA program to rehabilitate two sections of Seal Beach Boulevard, a major arterial, through this program received a one to one match which basically doubles the City's monies, an approximate $642,000 over two years; noted that Measure M monies come in two ways, one an automatic of about $200,000 a year, for other monies the cities must compete, submit applications detailing projects proposed, this the first year of the arterial program that Measure M is funding, it is hoped that will increase with ISTEA, this is only for arterials, not local streets, that is why there is often difficulty raising money for some areas, Seal Beach Boulevard south of Pacific Coast Highway is an example because it does not compete well in the region as the traffic volumes are not as high; if more federal funds become available the City will compete for Lampson Avenue, Westminster, portions of Seal Beach Boulevard, etc., every dollar that can be obtained for arterials is a dollar saved for residential street repair; noted that Harvard Lane is scheduled for overlay this next year, this year bids for slurry seal, a protective coating, were high, funding of last year and this year will be combined, a start up in March at the end of the rainy season when the contractors are not as busy, prices may be better and allow some additions to the project; slurry does not help alligator cracking that much, however with minor cracking it helps keep water from going to the subsurface thus slowing the deterioration rate, cracks that exist before slurry seal will be there after as well; I * * I * * * * * * * I * * * * 12-14-98 * pointed out that $100,000 is budgeted for Seal Beach Boulevard, Electric to Coast Highway, coordination is necessary as well so that a street is not paved and then cut up for the purpose of a utility, sometimes it is necessary to delay paving to accomplish utility work first; the major improvements to the Boulevard are expected the first quarter of 2000, sewer, storm drain, underground power lines, etc.; mention made of improved engineering technology, software programs, through the use of GIS the sewer and drainage master plans will be forthcoming where in time the streets, sewer, drainage, and water systems can be overlaid to develop a plan of concentrated effort, a key to that effort are the alleys. I * * I Councilman Boyd commended the efforts put into this Plan, explaining for information of the public that each street was surveyed and photographed to eventually be presented to Council for policy decisions as to how monies should be spent, also to seek competitive funding sources from outside the City as well. He mentioned a concern however with the alleys, they were not specifically noted, inquired if they will be accounted for in the budgeted figures or will utilities and the alleys be looked at as a comprehensive project. The Public Works Director noted that the alleys are different in that they are concrete, also they are dependent upon the water and sewer utilities, when one is replaced both should be, which involves tearing up a whole alley, yet that gives some options to use water and sewer enterprise funds then the alley becomes an incidental repair, and that is where the money is best spent. As discussed before, primary to that are the Water and Sewer Master Plans to be overlaid with the streets and alleys, a determination at that point of the area where the utilities are most in need of repair, the worst known are the alleys behind the commercial businesses. The City Manager said one of the policy questions will be whether or not General Fund monies should be applied to the backlog, where at the present time grant monies are being pursued yet for those there is no guarantee, however General Funds have not been used in the past. Councilman Boyd stated his opinion that they should be used, a basic responsibility of government is to provide public safety and basic infrastructure for the City. Staff was commended for their presentation. I UTILITY USERS TAX REPORT - TIMETABLE Councilman Boyd said his request is not directly related to the Utility Users Tax, rather something in the format of a strategic financial plan in that so much of the City's revenue is based on the Utility Users Tax, property tax, and sales tax, a report to allow the Council to explore alternatives for funding options, how monies are spent, and what relevance that has to the budget cycle, one option being a multi-year budget where, as revenues become more predictable expenditures can be look at from a two year perspective rather than one. The Manager reported there has already been considerable work done by each City department to re-examine how the Utility Users Tax fits into the overall financial picture of the City, both from the revenue and expenditure side, each department asked to look at efficiencies that might be gained either through out- sourcing or a different way for staff to focus on what they do, even routine services. He said the report is anticipated by the January 25th meeting, looking at new revenues 12-14-98 anticipated, time tables, needs of the City, as was presented this evening, thereafter there will be the water and sewer master plans, all of the City's infrastructure needs identified, after years of deferred maintenance, all needs to be looked at before some form of tax relief can be looked at and possibly prioritization of the backlog. CONSENT CALENDAR - ITEMS "c" thru "N" Boyd moved, second by Yost, to approve the recommended action for items on the Consent Calendar as presented, except Items "F, J, K, L, and M", removed for separate consideration. I C. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. D. Approved regular demands numbered 21495 through 21813 in the amount of $1,605,084.68, payroll demands numbered 1839 through 1992, 27635 and 27636 in the amount of $84,846.43, and authorized warrants to be drawn on the Treasury for same. E. Received and filed the staff report relating to the City response letter on the Notice of Preparation of Draft Environmental Impact Report No. 573 - Marine Corps Air Station El Toro Master Development Plan, instructed the Mayor to sign said letter and that it be forwarded to the Marine Corps Air Station El Toro Local Redevelopment Authority, and that this item be forwarded to the Environmental Quality Control Board for information purposes. I G. Adopted Resolution Number 4669 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE SUBMITTAL OF CITY OF SEAL BEACH IMPROVEMENT PROJECTS TO THE ORANGE COUNTY SANITATION DISTRICT FOR FUNDING UNDER THE COOPERATIVE PROJECTS PROGRAM." By unanimous consent, full reading of Resolution Number 4669 was waived. H. Adopted Resolution Number 4670 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE POSITIONS OF ASSISTANT CITY ENGINEER, PUBLIC WORKS ASSISTANT AND POLICE RECORDS SUPERVISOR AND SETTING SALARY FOR SAME." By unanimous consent, full reading of Resolution Number 4670 was waived. I I. Approved the minutes of the regular meeting of November 9, 1998. N. Denied the claim for damages of Nathan Richard Butterfield and referred same to the City's liability attorney and adjuster. 12-14-98 AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "F" - JANITORIAL CONTRACT Councilmember Campbell requested a copy of the contract for review. The City Manager pointed out that a summary of the contract had been provided outlining the services and schedules, the cost of those services for City buildings, the Police Station, City Hall, and community centers, of $43,880 is an approximate $20,000 savings through the out-sourcing process. He offered that this item could be postponed until after the new year if the Council desires to review the contract, the intent had been to commence this service upon New Years. Councilman Boyd stated he had obtained a copy of the contract, read it, it appears this is an improved service at a cost saving, and is being contracted due to attrition and/or lack of staff time. The Manager noted that any contract of this nature will take some time on the part of staff to assure the services are carried out as stated, the contract does provide a rating system for that. Staff confirmed that the service provide for daily vacuuming and restroom cleaning, also quarterly window washing. I After further comments, Boyd moved, second by Doane, to award the Janitorial Services Contract to Royal Crest Building Maintenance, the lowest responsible bidder, in the amount of $43,880, and authorized the City Manager to execute the contract on behalf of the City. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried The City Manager mentioned that maintenance of the pier area restrooms will be discussed and considered for contracting out at the January 25th meeting. I ITEM "J" - AGREEMENT EXTENSION - LURASCHI FAMILY - KRENWINKLE HOUSE - 112 CENTRAL AVENUE Mr. Reg Clewley, Catalina Avenue, objected to any extension of the agreement with the Luraschi family, claimed that it is in violation of the recent Jarvis Act, the Coastal Commission has asked for a plan as to what is to be done with the Krenwinkle House, that has not been done yet it is said it will be placed on the State Lands property as a museum, to which he also objected, suggesting that if the Historical Society were to restore this House with their money and volunteers that is one thing, to use any City money is not acceptable. He again objected to extending this agreement or spending taxpayer dollars. Councilman Boyd respnded that an action to extend the agreement does not encumber taxpayer dollars, the Luraschi family has agreed to allow the house to remain in place for another year, there is no cost to the City, once the Hellman litigation is concluded final disposition of the House will be determined. Boyd moved, second by Doane, to approve the one year extension of the current agreement between the Luraschi family and the City with regard to the Krenwinkle House. AYES: NOES: Boyd, Campbell, Doane None 12-14-98 ABSTAIN: VACANCY: Yost One Motion carried ITEM "K" - CITY COUNCIL VACANCY - DISTRICT TWO Mayor ProTem Campbell and Councilman Boyd noted that this item officially declares the District Two City Council position to be vacant, thereafter allowing a period of thirty days for the City Council to accept letters of interest from qualified persons and to make an appointment to the position by January 13th, 1999. There was brief discussion of a time frame to accept letters of interest and a date to conduct interviews, to which there was general agreement to conduct interviews on January 5th commencing at 5:00 p.m., that letters of interest be accepted until that time, with a selection made on January 11th. A member of the audience questioned the ability of the public to interview the applicants. Councilman Yost suggested that the public may submit questions to their Council representative and if they are appropriate the questions will be asked. Councilman Boyd explained further that pursuant to the Charter the Council will be going through the interview process, make an appointment, and if that is not done, call a special election. It was pointed out that the public will have the opportunity to comment on any decision of the Council during Oral Communications, the selection date would be January 11th and seating of that person would be January 25th. Boyd moved, second by Doane, to declare the District Two City Council position to be vacant with an anticipated appointment on January 11th. I AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried I ITEM "L" - APPOINTMENT - ORANGE COUNTY VECTOR CONTROL DISTRICT Yost moved, second by Boyd, to reappoint former Councilmember Frank Laszlo as the City's representative to the Orange County Vector Control District for the two year term commencing January 1, 1999. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried ITEM "M" - CABLE COMMUNICATIONS FOUNDATION - EQUIPMENT REPLACEMENT BUDGET Mayor ProTem Campbell noted this item is a request to approve the expenditure of considerable money, expressed concern with regard to' a phasing in plan, seeking competitive bids, justification for expenditures, etc., to which she stated her request for additional information and any vote postponed until the next meeting. Councilman Yost questioned the expenditure of $18,500 from the Foundation's telecommunications reserves for a local area network between the Police Department and City Hall, how can this be done and what could be future impact. Councilman Boyd noted that the capital budget for the Foundation is approximately $80,000 for equipment and an additional $18,500 .igr the link. The City Manager reported having approached the Chairman and Coordinator a couple of weeks ago with regard to the computer upgrade of City Hall and Police Department, and although the upgrade was totally from grant funding there was insufficient funds for the link. The City is the custodian of funds that are dispersed to the Foundation annually, those funds can be I 12-14-98 I used for municipal telecommunications, and their support was requested for this small amount of Foundation money to be used to accomplish the link. Mr. Dick Davies, President of the Cable Foundation, said after having met with the City Manager he reviewed the Foundation By-Laws and Articles of Incorporation. He offered an apology if the Foundation has in any way indicated to the City or Council that City approval is required of the Foundation budget or spending plan, the budget proposed is money that has been put into the fund specifically to replace much too old equipment, it is necessary to spend these monies, said he could not recall the Council ever approving the spending plan since the Foundation was incorporated in 1984, the question is why now. with regard to the $18,500, and upon review of the Articles of Incorporation, he is convinced that it would be illegal for the Foundation to approve the spending of Foundation money for a telecommunication link, and provided the Council with page three of that document and read subsection "d" which is of concern, if his understanding of the language is wrong, he would ask for a written statement from the City Attorney that could be taken to the next Board meeting to assure them that this would be legal and such expenditure could be approved. The Manager suggested that if this spending plan is approved that it be subject to confirmation that it would not jeopardize the non-profit status of the Foundation. To a question of Foundation membership, Mr. Davies said he had been appointed this past year. Councilman Yost posed the question as to any circumstances in the past when Foundation monies were used to fund something other than for Foundation purposes, there is uncertainty as to how that could be done as well as concern. Mr. Davies said he had no experience or record of that ever happening to his knowledge. The City Manager said there used to be an awkward pass through where the City, the responsible party as indicated by the auditors, collected the funds from Comcast then dispersed $75,000 annually to the Cable Foundation, the Foundation then turned back $50,000 to Comcast, using the remaining $25,000 to operate on for the year. Under the Federal Telecommunications Act those funds are only eligible for use for municipal telecommunications, in this community that is public access, educational, and governmental programming. During the course of past discussions, that did include the Foundation, there was never expressed or implied intent of the City to change course and begin taking away funds that have been turned over without any review to the Foundation, the only difference now is that the Council will look at the budget prepared by the Foundation yearly and when approved the funding will be turned over to them. He noted that over the years the Foundation has been a responsible custodian of the initial $200,000, that is why these monies are available for equipment replacement. He assured that as far as a policy change, the Council has not given him direction to approach the Foundation and request a portion of their annual funding, yet it was known that the Federal Act contemplated this kind of use for the funds extracted from cable companies, and the Foundation was approached under that premise. Question was posed as to the balance of the cable franchise reserve funds, to that Mr. Davies responded he believed about $200,000, however one of the things that is not thought to be understood is that the Foundation has existed and done their job basically with the interest earned every year from that money, therefore it has not tapped that money for operational expenses, rather, has operated on the interest, it is uncertain how much longer that can be done, and the $80,000 is what is estimated for purchases in the I I 12-14-98 next few months, there will also be maintenance costs, thus $80,000 is not thought to be the bottom line. Mayor ProTem Campbell said she thought there was a total of about $400,000 of cable money, to that the Manager responded that there is about $150,000, $75,000 for this years payment and an advance from Comcast of $75,000, they also reimbursed for the consultant services of $28,000, and possibly the City will collect for the eleven month period during the negotiation process. Mr. Davies stated that Comcast had agreed to the continuation of the contract month by month until the new contract was signed. Mayor ProTem Campbell noted that there is an article in the By-Laws that allows members of the Council to audit the Foundation books, she made such request however has not had time to do so. Of concern to her is making decisions without adequate information, again requesting additional information with regard to what types of cameras, kind of equipment, etc. Councilman Boyd spoke of the need for the Foundation to take care of itself, there is about $400,000 in reserve that can be used for capital improvement, equipment purchases, etc. and the interest from that money is used to operate the broadcasts, this is a request to use about $160,000 over a period of two years for those purposes, yet it is incumbent upon the Council to assure that PEG programming be provided the home audience, that is then the interest of the Council in the Foundation budget. He said he has no problem with leaving the specifics of the purchases to his appointee to the Foundation. The Mayor ProTem again expressed her desire for additional information. Councilman Yost too expressed confidence in the decisions of his appointee to the Foundation. I Councilman Yost moved to approve the Equipment Replacement Budget for the Cable Communications Foundation, that the amount of $18,500 for the communication link between City Hall and the Police Department be deleted and another funding source sought. Councilman Boyd seconded for discussion. I Councilman Boyd said it is understood this is an essential link between the City Hall and the Police Department from a public safety standpoint, therefore it would seem reasonable to authorize the expenditure of the $18,500 for this network. An amendment to the original motion was accepted to authorize the expenditure of $18,500 for the network from the General Fund. Vote on the original motion as amended: AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried It was the order of the Chair, with the consent of the Council to declare a recess at 9:18 p.m. The Council reconvened at 9:30 p.m. with Mayor ProTem Campbell calling the meeting to order. I APPEAL - ENCROACHMENT PERMIT DENIAL - 116 MAIN STREET - WOOD To the City Attorney, Councilman Yost mentioned that he had considered this matter while sitting as a Planning commissioner and that he has worked with Mrs. Wood from time to time, however confirmed there was no financial interest involved. The City Attorney said he could foresee no financial interest. With regard to the bias issue, the Attorney noted an appeal of a decision of the Planning I I I 12-14-98 Commission at an early meeting of this Council where Councilman Yost was advised to not act on the matter as a member of the City Council as it was a quasi-judicial issue from a decision rendered by the Planning Commission while he was a member, in this case it is not an appeal of a Commission decision, rather an appeal of the City Engineer's denial of an encroachment permit, Councilman Yost did not participate in that decision, as to the encroachment permit it is being reviewed by the appellate body and not a decision acted upon at a lower level therefore Councilman Yost may participate. The City Manager reported that this item pertains to 116 Main Street, a remodel of a four-story structure with residential on the top three floors, retail on the lower floor. He noted that the Planning Commission in granting the conditional use permit stipulated that there would be no intrusion into the public right-of-way without first obtaining an encroachment permit. The application specified the intent to request a twelve inch encroachment permit that would allow the balcony on the fourth floor to extend over the City sidewalk, when the applicants representative approached the Public Works Department he was provided a non-standard improvement agreement, encroachment permit, form, again, the Planning Commission Resolution stated that an encroachment permit had to be obtained prior . to building anything over the sidewalk, the twelve inches as originally requested. He noted the City process allows the applicant to appeal an administrative decision of staff to the Council. Mr. Robert Wheeler stated he was legal counsel for the property owners, Mr. and Mrs. Wood, the architect for the project, Mr. Brent Sears, also present. Mr. Wheeler expressed appreciation for the Council hearing this matter in a timely manner, the letter from the Director of Public Works denying the encroachment agreement was dated December 1st, received by Mr. Wood on December 2nd, and the appeal was filed December 8th. He stated what staff did is felt to be incorrect, unfair to Mr. Wood, the facts of this matter have been set forth in his letter of this date and attachments thereto, and directed specific attention to the issues set forth on page six. Mr. Wheeler said as part of the extensive remodeling of this building balconies have been installed on the second, third, and fourth story, they are on the west side of the building and wrap around on the north of the building facing Main Street, each encroaches slightly over the sidewalk area, the public right-of-way. He said Mr. Wood and Mr. Sears appeared before the Planning Commission in March at which time they had building and site plans that showed all three stories of balconies encroaching over the sidewalk, that the reason for condition four attached to the approved CUP that makes reference to issuance and execution of an encroachment agreement, which he believes is the permit, nonetheless that is a permit issued by the Public Works Director to the property owner. Mr. Wheeler said in early August, about the time the building permits were issued by the City, Mr. Wood was sent the standard encroachment agreement with direction to sign, have notarized, and return to the City, he did that on August 11th, this was the City's agreement and he made no changes to it. Mr. Wood heard nothing as to whether the City had signed the agreement until December 1st when the Public Works Director sent the agreement back to Mr. Wood with a disapproved stamp. He said to him it would seem that if the City were insistent upon the execution of an encroachment agreement that should have been done before the building permits were issued and substantial 12-14-98 construction has taken place, Mr. Wood having spent $400,000 for the remodeling of this building including $37,000 just for the second, third, and fourth story balconies along the Main Street frontage, therefore he has complied with all of the City zoning and building requirements, signed the acceptance of conditions, agreed to be bound by all of the conditions on the CUP, signed the encroachment agreement and returned same to the City, has done everything requested. Councilman Doane requested an explanation of the thirty inch versus twelve inch balcony for the fourth story. Mr. Wood did clarify that in late April, after Planning Commission approval, Mr. Sears submitted detailed plans to the Building Department on behalf of Mr. Wood, those went through a series of corrections, and on August 4th the plans received final approval and building permits were issued. He acknowledged to Councilman Yost that there were no detailed plans at the Planning Commission meeting, rather proposed building plans and a site plan, yet said they showed the existence of the balconies at the three stories encroaching over the public right-of-way. Mayor ProTem Campbell referred to page two of Mr. Wheeler's letter that spoke of the balconies encroaching 'slightly' into the public right-of-way, and question was raised as to the definition of that term. Mr. Wheeler responded maybe twelve to twenty-four inches, then the architect, Mr. Sears, advised that the plans at the Planning Commission hearing did show an encroachment at every floor of twelve inches, and to a question as to what the encroachment is on the fourth floor, Mr. Sears responded that he did not know, has not been on-site to measured it. The Director of Public Works said he believed that the Building Inspector did check and found a thirty inch encroachment on the fourth floor, twelve inches on the others. Mr. Wheeler argued that Mr. Wood has complied with all of the conditions of Building and Planning, has constructed the three floors with balconies, all of which encroach into the public right-of- way. Question was posed as to the encroachment that is now thirty inches when only twelve was allowed. Attorney Wheeler said he felt that the case of Anderson versus City of LaMesa is relevant to the case at hand, quotes from that court opinion contained in his letter, in that case the applicant obtained a building permit, met all of the City zoning and building requirements, constructed the building, was then told by the City that one wall encroached into the side walk area, the City ordered that it be moved, the applicant filed suit and eventually won in court, and that is felt to be the case here. He added that all of the affected City departments knew from as early as March of this year that the three balconies on the front of this building encroached into the right-of-way, there is no dispute to that, Mr. Wood had expected that the City would sign the encroachment agreement, send it back to him, and do that before building permits were issued. A review of the March 4th Commission meeting minutes shows that it was understood that no building permits would be issued until all of the conditions of the Conditional Use Permit had been met, now the situation is that all conditions were met, building permits issued, and at this point, after spending the money for the balconies, he has been asked to cease work, which he has done, the building is in the process of being stuccoed however the balconies are being left open to the elements until this matter is resolved. Mr. Wheeler said he felt the answer to the appeal is simple, set aside the December 1st letter from the Public Works Director and then sign the encroachment permit, the document that Mr. Wood signed in August, returned to the City, and has been with the City for the last five months, to him basic fairness dictates I I I 12-14-98 I those actions. He mentioned too that there are other buildings along Main Street with even greater encroachments over the public right-of-way, fully built improvements where there are tables, chairs, and other objects in place, what is proposed in this case is a minimum encroachment over the sidewalk for these three balconies, also, under the encroachment agreement the City is protected, Mr. Wood has the obligation of defending and indemnifying the City against any third party liability, that is presumed to be the case for all of the other buildings along Main Street that encroach. Mr. Wheeler again requested that the encroachment agreement be approved and signed. The Mayor ProTem said she believed that the agreement was for a twelve inch encroachment, this is a situation where what was allowed has been exceeded. Mr. Wheeler read a statement from the December 1st letter with regard to the thirty inch encroachment on the fourth floor and twelve inches on the others, his interpretation is that the directive was to bring all three floors back to the property line, yet throughout the planning and building process City staff was on notice that the balconies on all three stories encroached the public right-of-way. The Director of Public Works stated that at the time this non-standard encroachment agreement was requested to move forward it had been represented to his staff there would be a one foot or less encroachment on the fourth story only, in fact the first page of the agreement states that "permitted improvements shall be defined solely as an extension of the fourth story balcony one foot into the public right-of-way balcony as approved by the City Engineer." He explained that there are often encroachments up to a foot, especially with zero setback situations in commercial areas, in this case staff was prepared to issue an encroachment permit that was less than one foot, felt that anything beyond the one foot should be brought to the attention of the Council. Councilman Yost said he had been a member of the Commission when this matter came through, this building is already twelve and a half feet higher than anything else can ever be built, the architect proposed that it be allowed to be even higher, that issue occupied considerable discussion at the Commission level as did a proposal for a roof greenhouse and whether or not that constituted a habitable structure, to his recollection a twelve inch or less encroachment was mentioned but there were no elevations showing a thirty inch encroachment over the sidewalk. He noted that the building was in poor shape, in need of upgrading, it was felt the plans brought forth were a major benefit to the area, there was discussion with regard to problems with access to the staircase, with people wandering to the roof and possibly falling, yet when the Commission saw the benefits of improving this building they were pleased to grant the request however they did not grant the variance or CUP to make the building higher, it was approved because of the difference it will make, on the other hand having a balcony of thirty inches, possibly there is a compromise somewhere. Mr. Wheeler offered that the applicant, Mr. Woods, would be willing to scale the fourth floor balcony back to twelve inches like the second and third floors, possibly they could work with the City Attorney and the Director of Public Works to either use the existing encroachment agreement or clarify the action of the Council. I I Councilman Yost moved to accept the compromise to allow a twelve inch encroachment on the second, third, and fourth floors of this building at 116 Main Street. Councilman Doane seconded the motion. 12-14-98 Councilman Boyd expressed objection to allowing any encroachment, the applicant signed an agreement, the proposal now is to allow the request, set aside the letter of the Director of Public Works and allow the encroachment, and he too read an except from the December 1st letter that 'it is mutually agreed that permitted improvements should be defined solely as an extension of the fourth story balcony one foot into the public right-of-way as approved by the City Engineer', to which he reiterated that means one foot on one floor, yet the Council is considering one foot on each of the three floors above the first floor. Councilman Boyd said as makers of public policy he did not believe that there should be any encroachment of the public right-of-way for any space where someone can stand, whether indemnified or not, residents of the City are not allowed to do so, why on Main Street on a four story building. This applicant requested a foot then built out thirty inches into the public right-of- way, that is not defined as 'slight' it is a substantial amount, and going back to the initial application it was submitted as a minor remodel, it is not a minor remodel, also there needs to be a fine of double fees. He again stated there should be no encroachment. Mayor ProTem Campbell asked if the City had inspected the thirty inch encroachment at any time and approve it. The Director of Development Services said it had been inspected as part of the inspection process for the entire building, when they reported that the balconies appeared to extend across the property line that is when the stop work order was placed until such time as the issue could be resolved. Mayor ProTem Campbell noted that the contention of Attorney Wheeler in reference to the Anderson versus City case is that the house was inspected six times thereby approving it, that would not apply in this case because when it was first inspected the balcony question was raised. Mr. Sears offered that the Planning commission drawings showed a twelve inch encroachment at every balcony, the staff report did not mention the second floor balcony that was on the plans but that was brought up during the hearing, but the approved construction documents that the building permit was issued on shows a two foot encroachment at the fourth floor and twelve inches at the second and third floors. He said he has not been out to measure the property that is why he does not know what is there now, there have been framing, concrete, other rough inspections related to the building at this time because a project can not move forward to the next phase, therefore there have been several inspections of the property to date. Mr. Sears said he was not a party to the encroachment agreement, never saw it, did not sign it, therefore is unaware of what it says, if it limited the encroachment to the fourth floor he would have advised his client not to sign it because that is not what was deemed as approved by the Planning Commission nor by the Building Department. In response to the Council, the City Attorney said this is one of the cases where there is evidence on both sides, supporting the City's position there is the encroachment agreement that clearly says one foot on the fourth story, signed by the applicant, the applicant's application says to allow new fourth floor balcony twelve inches beyond the property line, it is assumed that is the application the Planning Commission was acting upon, and as stated there was lengthy discussion regarding the greenhouse and other issues. councilmember Yost said there were issues about the application that occupied ninety percent of the discussion that evening. The Attorney said that is the evidence that supports the City's position, there is also evidence that the first inspection discovered the balcony was I I I 12-14-98 I not twelve inches on the fourth floor, also question regarding the second and third floor balconies, that is when the stop work order was issued. On the side of the applicant, it is understood that they have plans that show balconies intruding on the three floors, that was approved by the City, and supports their position. He offered that the City is comfortable with the application and the encroachment permit and the condition contained in the Planning Commission Resolution that states that before building permits would be issued there would be need for an encroachment permit, it is thought the key is the non-standard improvement agreement, signed by the applicant, that states the definition 'solely as an extension of the fourth story balcony one foot.' The City Attorney said they have read the referenced Anderson case, it is a rare case, because there are laws of equitable estoppel for cities, that the first case, decided in 1991, where all the facts were against the City, a house inspected six times yet before allowing occupancy the City determined that the wall needed to be moved six inches, to that the court said it was unfair. In this case there are equities on both sides. Councilman Boyd referred back to the Planning Commission Resolution that states 'no part of the structure, such as eves, overhangs, or balconies may intrude on the public right-of-way unless an encroachment agreement is approved by the city', therefore the applicant signed the encroachment agreement that states 'solely as an extension of the fourth story balcony one foot into the public right-of- way as approved by the City Engineer', the applicant could choose to make the case that he had signed the agreement and expected it to be executed and returned to him, the document was received by the City Engineer, yet without his signature there is no issuance by the City. In his opinion there is no resolution in terms of allowing an encroachment. Councilman Yost inquired as to the legal possibilities to require the balconies to be removed back to the property line given the action of the Planning Commission and what the City Engineer has stated is the City's policy and procedures for buildings on Main street. The response of the City Attorney was that the applicant could have a case for the fourth story balcony at one foot. The Mayor ProTem inquired as to allowing the one foot at the fourth floor and requiring the other two to be brought back behind the property line. The City Attorney offered that there is evidence to support that, there is the application that requested the twelve inches at the fourth story and the agreement signed by the property owner that states one foot on the fourth story, yet there is some evidence to support the second and third floor also. Councilman Yost again mentioned the discussion .at Planning Commission, said he did not recall seeing side elevations also given the mention that the final plans were not submitted until after the Commission action. The Director of Development Services explained that under the normal process when an application is submitted to the Planning Commission there are not final construction drawings, there is a concept plan at that level because the applicant does not want to incur the expense for final drawings given the potential of the Commission modifying the plans. He stated that at the Planning Commission level the elevations do show an encroachment of one foot at all levels of the building, the Planning Commission in their approval did indicate that any encroachment required an approval of the condition as noted in the Commission Resolution, however Commission approval does not say yes or no to encroachments, rather it says if those are proposed a permit needs to be issued through Public works to allow that type of encroachment to exist. To that I I 12-14-98 it was again noted that the encroachment agreement was sent, it allowed one foot at the fourth story only, and was signed by the applicant. The City Manager said for the purpose of deliberations as to whether the encroachment should be allowed at the fourth story and not the others, it is a public policy question as to whether properties should be allowed to encroach at all and if so by how much, therefore if it were determined that a one foot encroachment on the fourth floor is allowable and determined otherwise on the lower floors, it is presumed that would have to be argued to be consistent with the public policy question that is being attempted to be answered in general, in other words if one foot is going to be allowed that would apply in all cases. Question was raised as to what is allowed for the encroachment of eaves. The Director of Development Services responded that there is a standard requirement of zero setbacks therefore there is no encroachment allowed without the approval of the Public Works Department, however most of the older buildings along Main Street have in some cases substantial structures that cover the sidewalk, those structures were built many years ago under different criteria however that criteria is no longer applicable under current building requirements, those are not really comparable to this type of situation. Question was posed also as to why the twelve inch encroachments did not become an issue with the Planning Commission, to that the response was that the Planning Commission does not review or approve what takes place on public property, they deal with proposals and construction on private property, the Commission review was for the overall remodel of that building and the variance for raising the roof as was described earlier, something in the public right-of-way is within the realm of the Public Works Department. The Manager noted that as was explained in part by the City Engineer, in situations where there is a difference of inches or where that adds up to no more than a foot it is commonplace at the administrative level to permit the encroachment however once it extends beyond twelve inches it becomes substantive and is then a part of the CUP. Councilmember Campbell pointed out that the Planning Commission did not deal with the encroachment issue, only directing that a permit be obtained for the encroachment by a foot on the fourth floor, however that is not what they did, the options seem to be to either allow the twelve inches on the fourth floor, or allow twelve inches on the second and third floors and scale back the encroachment to twelve inches on the fourth floor. The City Manager requested an additional condition, that the liability waiver be increased to $2 million instead of $1 million. Attorney Wheeler said if the twelve inch encroachments are allowed for the second and third floors they would be willing to do that and reduce the fourth floor to twelve inches as well, they would obtain the insurance coverage as requested at $2 million, and be willing to work with the City Attorney to redraft the encroachment agreement to include stronger language that will protect the City. He concluded that the balconies are an integral part of the building remodel, it will be much nicer looking with them, it is felt there have been mistakes made, and they are only seeking some equity. I I I Vote on the motion to allow the twelve inch balcony encroachments on the second, third, and fourth floors, including an amendment to said motion to require indemnification insurance coverage of $2 million. 12-14-98 AYES: NOES: VACANCY: Campbell, Doane, Yost Boyd One Motion carried I PUBLIC HEARING - ORDINANCE NUMBER 1441 - PARKING METERS - OFF-STREET MUNICIPAL LOTS - REGULATING USE/FEES/HOURS Mayor ProTem Campbell declared the public hearing open to consider the operation of parking meters in off-street municipal parking lots. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received. The Assistant to the City Manager presented the staff report, noted seventy- seven parking meters to be installed in the Main Street municipal parking lots, operational seven days a week from 8:00 a.m. until 10:00 p.m., fees established at $.25/15 minutes, $1.00/hour, and recommendation of staff to approve first reading of Ordinance Number 1441. The City Attorney noted that the Council had been provided a revised copy of the Ordinance reflecting the specific Municipal Code section numbers, an additional section, 13-120, relating to Mechanical Failure of Meters, also, the penalties within the Ordinance have been combined into one section. To the question of penalty amount, the Assistant reported it is currently $34. I Mayor ProTem Campbell invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. Stan Anderson, Balboa Drive, spoke favorably of the placement of parking meters, the revenue therefrom can be used to make improvements to Main Street, maintenance and upkeep of the lots, and inquired if any spaces have been lost in the off- Main lot in the 100 block and if meters are going to be installed on the Street itself. Councilmember Yost responded they are not at this time, these meters will be tried first, and reported that a resident of District Three, Mr. Hartwick, asked that his opposition to parking meters be reported. There being no other comments, Mayor ProTem Campbell declared the public hearing closed. Boyd moved, second by Doane, to approve the first reading of Ordinance Number 1441 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REGULATING THE USE, FEES AND HOURS OF OPERATION OF PARKING METERS IN DESIGNATED OFF-STREET MUNICIPAL PARKING LOTS AND THE PARKING AND CONTROL OF VEHICLES THEREON." By unanimous consent, full reading of Ordinance Number 1441 was waived. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried I PUBLIC HEARING - ANAHEIM BAY VILLAS - 321 SEAL BEACH BOULEVARD - NEGATIVE DECLARATION / GENERAL PLAN AMENDMENT / ZONE CHANGE Mayor ProTem Campbell declared the public hearing open to consider the Anaheim Bay Villas project as revised. The City Clerk certified that the notice of public hearing had been advertised as required by law, reported receipt of a petition in support of the conversion from commercial to residential land use containing one hundred fifteen signatures, a communication from Dennis and Kathy Courtemarche in support of the Villas project, and a communication from Walter Miller in opposition to the project, copies of all having been provided the Council. The Director of Development Services 12-14-98 presented the staff report, noted the items under consideration are the Negative Declaration that has been prepared and circulated relating to the environmental impacts of the project, there are no significant impacts created by this proposal, the other issues are the General Plan Amendment and Zone Change, changing the present land use entitlements from general commercial designation to a residential medium density designation to allow a maximum of eight building lots for single family residences on the subject property. He noted that the Planning Commission had recommended denial of the project as proposed in September, 1998, the applicant amended the application and the revised project was approved by the Commission by a four to one vote on November 18th. The proposal is to change the land use from C-2 to residential medium density with a minimum lot size of two thousand five hundred square feet, the revised application proposes lots varying from 26 to 30 feet in width, 100 feet in depth. On display was a site plan of the property and elevations of what the structures would look like once constructed in accordance with the plans submitted at this point. Councilman Yost noted that there were some issues brought forward with regard to uses for all of Seal Beach Boulevard to which he inquired what that may have been. The Director said initially the Planning Commission recommendation to the Council, as part of their denial, was to request Council direction to review all of the land uses on Seal Beach Boulevard from Pacific Coast Highway to Electric Avenue, that request came to the Council, in turn the Council action was for the Commission to conclude review of this application and then look at the remainder of Seal Beach Boulevard from this property to Landing and south to Electric all at one time, that review will be placed on the Commission forecast based upon the Council decision on this' project. I I Mr. Dave Bartlett, representing the applicant, presented a slide overview describing how this project got to where it is today, the process, the project location, existing conditions, the planning considerations that were taken into account in developing the project proposal, the project description, justification of Council approval, and said the applicant will address the changed retail environment. He noted that preliminary meetings were held commencing last April or May, a Planning Commission meeting in September, subsequently a community meeting at the Shore Shop, a second Commission meeting in November with an expanded notification area, as requested by Council, within three hundred feet of all of Seal Beach Boulevard, this meeting too .has an expanded notification area. The existing conditions on the site were described as the Shore Shop, a beauty salon, and a deli, photographs were shown of the Boulevard as it currently exists, the alley and loading zone. Some of the planning considerations when developing this proposal was the existing zoning, the General Plan, surrounding land use, Seal Beach Boulevard traffic, as well as the Seal Beach Boulevard Concept Plan from 1986, the existing general commercial designation for the property is the most intense allowed in the City Code, includes uses such as automobile and boat sales, auto repair, mortuaries, etc., and with a conditional use permit the use could be even more intense, with car washes, lumber yards, etc., those uses not felt appropriate for this location. He pointed out that the surrounding uses are primarily residential, north and south of Landing as well, with existing commercial along Pacific Coast Highway and the adjacent corner, this project will complete the I 12-14-98 I puzzle of residential uses in this neighborhood, with views of Anaheim Bay and the Pacific Ocean to the east. with regard to traffic, Mr. Bartlett stated that Seal Beach Boulevard is very low level in terms of traffic count, a count of 5,900 ADT~s were obtained from the City Engineering Department, as an example, 12th Street is 5,700 ADT's and is primarily a residential street, and as heard during the Bixby hearing a typical commercial corridor is 30,000 to 40,000 ADT's. In accordance with the Concept Plan of 1986 there was to be down zoning implemented south of Landing however basically it ignored the properties north of Landing, this proposal is a request for that down zoning north of Landing, since 1986 to 1998 there has been no progress and it is hoped this will jump start some improvements for the area. He further described the proposed eight homes as four bedrooms, three and a half baths, courtyards, garage will alley access, and views that will be maximized from those residential units. The project modifications are that the variance adjacent to the mini-mart has been eliminated, also eliminated the zero lot line development, the number of lots has been reduced from nine to eight, the lot widths are varied from 26 to 30 feet, which in turn allows a standard size garage on the property, the six foot linear wall has been eliminated along Seal Beach Boulevard, varied architectural styles, all setbacks have been met, the street scene is felt to be improved by adding some architectural variety, additional landscaping and street scape. He too noted the neighborhood petition in favor of the project, most of the Boulevard businesses in favor as well, this proposal has attempted to respond to all of the Planning commission issues, the loss of general commercial land use is less than one quarter of one percent on a citywide basis and is not considered to be significant, the C-2 land use is not compatible with the surrounding neighborhood, the Boulevard is really a residential street with such uses on all sides, the project is consistent with all General Plan zoning policies, there is compliance with the Code, no variances, there will be a contribution to the City's affordable housing program as required, and the project is already subdivided for residential lots. Mr. Mario Musso, co-owner of the Shore Shop and the property located at 321 Seal Beach Boulevard, thanked the Council for their consideration of this redevelopment and down zoning project, the staff, Planning Commission, and Council members for their valuable input throughout the development of this proposed plan, the neighbors and community as well for their support, to this there was a comprehensive effort to respond to the needs of the community. It has been encouraging that the overwhelming comments have been supportive and enthusiastic, the most common comment is that finally something is going to be done to improve Seal Beach Boulevard aesthetically, and he noted that those improvements are with private sector funds, not City. Mr. Musso explained that after being a retailer at this property location for thirty years their attempt to down zone from commercial to residential is simply because the property lacks commercial viability, that due to the existing competitive retail environment of the 90's and the physical location of the store with a low car count and foot traffic, the Shore Shop needs to relocate to a more robust commercial atmosphere, a retail business today can no longer stand alone without complimentary stores and large anchors to attract customers, The City Drive is a classic example, and not only are anchors necessary but also entertainment centers of some type to be a successful retailer. He said they have been very unsuccessful in attempting to lease other portions of I I 12-14-98 Shore Village to credible tenants, comments are generally that it is an inferior retail location and does not warrant the capital investment of proven businesses. Mr. Musso stated the feasibility of putting a nice, full service restaurant on the premises had also been investigated with its view and location towards the beach environment, the negatives there is the lack of required parking, more I importantly is the non-conformity of the existing land use, . also, the close proximity to existing residential homes would likely require restricted hours of operation and alcohol sales, which is known to be necessary to propel restaurants. He emphasized that a ten thousand square foot retail outlet no longer effectively works at 321 Seal Beach Boulevard, this comes from thirty years experience in the retail business and keen attention to the demands of the consumer today. Mr. Musso respectively requested Council approval of the down zoning and allowing this property to be more compatible with the surrounding residential neighborhood. Councilman Doane noted his support of the concept of this project however had been concerned with losing this business, and inquired if there will be consideration given to relocating within the City, pointing out existing vacancies in the Leisure World and Rossmoor Centers. Mr. Musso responded that he is, however one of the things that needs to be done is for him to ask his customers where they would like to.see the Shop locate, it is important too that the image be maintained, while the Rossmoor and Leisure World areas are appealing they may not have the vitality or image that his business requires, he would envision a location in the more immediate beach area whether that be Pacific Coast Highway, possibly on Main Street, the Lucky or Vons Center, contact has been made I with a number of people. He noted that his biggest limitation with regard to relocating is from a financial standpoint until the project goes through the approval process at the City and Coastal Commission levels, yet they are earnest about locating in the City. Mayor ProTem Campbell invited members of the public wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. Victor Grgas, 15th Street, stated in 1986 he requested the City Council to endorse the concept of preparing the Seal Beach Boulevard Revitalization Plan, they did, and the better part of a year was spent working on that Plan with residents of the neighborhood and with the assistance of Mr. Bartlett, to create a unique and special atmosphere along Seal Beach Boulevard and to foster improvements to the area. The two key components were the issue of uses and how to deal with improvements to the street, a key component was of course the Shore Shop, a destination retailer that attracted business from a fairly large geographic area. Mr. Grgas said he could not agree more with the comments of Mr. Musso as the original Plan, without the financial resources, it has somewhat gone by the wayside, although it is good to hear that the City I itself is looking at some improvements to the Boulevard, yet the retail industry and environment has since changed, and there is now a number of stores that sell merchandise that only the Shore Shop sold then, consequently to find a ten thousand square foot user location in the configuration of the existing store would be virtually impossible to do. Boyd moved, second by Doane, to continue this meeting past the 11:00 p.m. adjournment hour. 12-14-98 AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried I Mr. Grgas continued, stating that even though it is difficult to see the Shore Shop close, for them to stay and try to continue business could be disastrous given todays marketplace. Thoughts then go to what is best for the street, improvements, landscaping, properties well maintained, etc. and home ownership is the only way to go short of doing redevelopment of the whole street, which is not going to happen, the biggest problem with the Boulevard was the mixture of uses, half of one use, half of another, it is not believed that that is going to change, people have tried, there were problems with mixed use development funding, it is difficult. He said this is a good proposal, a definite improvement to the area, and emphasized his support of this project. Ms. Seretta Fielding, fifteen year Seal Beach Boulevard resident, said she had been the chairperson of the committee to improve Seal Beach Boulevard, the thought and effort was to make the Boulevard look better aesthetically, market it as retail, unfortunately that plan never came about, the financial availability was not there to make it happen. Ms. Fielding asked for approval of the project proposed. Mr. Scott Redson, President of Avalon Homes, stated his firm is building five homes in the Cove area, and he has been chosen by the Musso family to build the proposed eight houses if the project is approved. Mr. Redson said he became involved in the design of these homes after the first submittal to the Planning Commission, it is felt this proposal maximizes use and the best use of massing, differing lot widths, two types of roofing materials, four architectural styles, five or six color schemes, and is felt will be a beautiful gateway to Seal Beach. Mayor ProTem Campbell inquired as to how far away from the Naval Weapons Station arc will these homes be, to which the Director of Development Services responded that the arc does not cross Seal Beach Boulevard, rather, believed to be to the easterly fence line. Mr. Les Nederveld said he was a member of the Musso family by marriage, his career primarily real estate development, because of that has been involved with this property for a number of years. Mr. Nederveld said he wished to touch on some of the positives of this development submittal, the entrance to the City on this street is going to become very attractive within a few months with landscape and hardscape improvements, a start of the revitalization of this street that is so badly needed, as was said, the down zoning will generate less auto traffic on a daily basis, without the down zoning the traffic would be as is or the property developed with a use generating more traffic, noted that the surrounding neighbors want this project to go forward as evidenced by the communications, this project is only a half acre yet will have a major positive impact on those entering the City from Pacific Coast Highway and from the 405 Freeway, the City will receive $80,000 in recreation and park fees, about $135,000 in building fees, will receive the eleven percent utility tax from those homes, additional property taxes, the assessed value will increase from about $400,000 to an excess of $5 million after the homes are built and purchased. He mentioned the study that determined the present zoning on this property is incompatible with surrounding uses, not a well suited zoning for this location, and if one looks at this block, minus the retail store at the corner of PCH and the Boulevard, every other use is residential, with this project every' use will be residential. I I 12-14-98 Mr. Nederveld requested Council approval of this project. Ms. Vanessa Joe, 17th Street, said she and her neighbors, having left because of the lateness of the hour, have expressed their support for this project. She noted that Seal Beach Boulevard by virtue of its name is a major gateway into the City, it is hoped this development will be a start of improvements of the entire street, upon completion this project will make the 300 block entirely residential, the 200 block needs considerable cleanup, the businesses that are operating are doing so from residential buildings. As a mortgage broker she advised that there is very little commercial money to be had, and virtually impossible to obtain money for a mixed use like the businesses with apartments on the second level. Ms. Joe noted that most all of the neighbors are for this proposal, the Musso family has worked hard to address the concerns of the Planning Commission, and requested approval of this project. Mr. Jim Goodman, architect, said he was present to answer any questions of the Council. Mr. Greg Miller, Sandpiper Bike Shop, noted approval of this project by the Planning Commission except one member, the project in his district. This has been said is a gateway to the community, questioned who is going to lend money to put eight houses on the corner of one of the busiest intersections in town, who is going to want to live there. He mentioned the Council approval of the Bixby project, commercial rather than residential, now this is commercial use being turned into residential, he criticized developers, the process, not considering what is best for the City. Mr. Miller described the Musso plan as beautiful, but asked if it is best for the Boulevard, stating that there is not one house from Electric into Los Alamitos, there are low residential apartments, no houses, now it is proposed to put eight beautiful houses amongst run down residential apartments, people talking about these beautiful houses have no idea as to what is best for the Boulevard. He said this was turned back to the Commission for a survey of what is best for the whole Boulevard, claimed no survey was done. He mentioned that the Musso's have two tenants on their property, neither of those businesses are in favor, if the Shore Shop doesn't survive that does not mean that another business can not be there, just replace it with other commercial. Mr. Miller was again critical of passing this project at a late hour, not reviewing his father's letter, nor the problems at hand, not going out and seeking the opinion of the businesses, and the ability of the Council to vote decisions for his street. He argued that the Council needs to work together, are supposed to represent the City not a developer, claimed that Mr. Musso does not live here, says he is going to put his business in Seal Beach but needs an anchor, where is that coming from, Main Street businesses make it without an anchor, said he has proved that by his business of eighteen years, again, talk to the businesses, who cares about what 17th Street thinks, they have an alley that backs the Boulevard side. Mr. Miller claimed that the tape of the meeting will go to the Coastal commission hearing. There being no further comments, Mayor ProTem Campbell declared the public hearing closed. I I I Mayor ProTem Campbell inquired as to how far from the lot line will the northerly most residence be, to which the Director responded six feet. Councilman Boyd noted that he has spoken with the Miller's and many people before and after being elected, made reference to the statement that Mr. Bartlett in fact was the architect of the Seal Beach Boulevard Plan in 1986 to revitalize that street, there were 12-14-98 I a number of people involved in that Plan, the Plan designed to secure an anchor tenant for the Boulevard aside from the Shore Shop, who, at that time was consider the anchor but it was known another was needed, and that has not been accomplished in the twelve years since. The Plan was designed to bring a new landscape to the street, a hardscape, theme, diagonal parking, slower traffic, all of the things that have been talked about with regard to the Musso project, the difference being that that was a commercial and limited commercial proposal, which makes an argument against the spot zoning issue, in effect the area is spot zoned at the present time, comments have been made as to the difficulty in obtaining financing for a limited commercial zone. He said he would think that if this street were viable commercially with possibly six thousand trips a day that some developer that knows how to develop and market commercial property would have sought this street out and developed it as commercial property during the past twelve years, there has not even been an indication of interest, that is not due to a lack of effort by the City, it is the lack of interest on the part of the private investor. Councilman Boyd pointed out that six thousand car trips a day is a residential collector street, Main Street averages three to four times that, the six thousand is twenty-five hundred people going to and coming home from work with a thousand in between, to which he asked if that would support a significant commercial investment by anyone, obviously not, that is why this application. In looking at this area from 1986 until 1998 his belief is that this street is best suited as residential, there needs to be significant hardscape improvements, as discussed under the Pavement Management Plan, underground utilities, new storm drains that can accommodate more than a twenty year rainfall, sewer and water line replacements, all of those will occur on the Boulevard between Pacific Coast Highway and Electric Avenue, this is the result of the City moving forward with a vision. Councilman Boyd said his desire is an entryway that is suitable for this community, a feature of attractive, custom homes, not just twenty-foot lots, with the deletion of one lot from the plan the widths vary, they have varied the architectural styles as well. He questioned the possibility of widening the parkways on both sides of the street, particularly in front of the Base to create a larger parkway feel as one approaches Seal Beach Boulevard, possibly a median area between PCH into the project site to create some monumentation such as 'Old Town Seal Beach' as an attractive entryway that could be cooperatively landscaped. Mr. Bartlett explained that as part of the project there will be reconstruction of curbs, gutters, and sidewalks, and if there are ne~ improvements as part of the Boulevard Improvement plan this project can be part of that, rather than rebuilding the curbs, gutters and sidewalks in their existing location they could be rebuilt to the satisfaction of the City in a somewhat different location, as far "as monument at ion he agreed that something should be done to enhance the streetscape, yet there would need to be some reasonable monetary cap. councilman Boyd noted the reduction of homes from nine to eight thus the difference in subdivision fees, suggesting monumentation monies within the range of that $10,000. Mr. Nederveld expressed the willingness of the applicant to put the $10,000 towards monumentation, that would be something that would create additional beauty that is desired on that street. As to the sidewalk, curbs and gutters it is understood the City will be developing plans for the entire of the Boulevard, therefore a condition would be necessary to assure that will I I 12-14-98 not stop development of the project, if the improvements are not yet determined as to what they will be, the existing could remain and the money could be paid or bonds obtained so that funds are available for those improvements when the entire street is done, the desire would be that it not deter the project. Councilman Boyd said he felt that would be acceptable and work within the guidelines of the City, it would not be expected to interfere with the time frame for the Musso project, if approved, at this point rehabilitation of the Boulevard is anticipated to commence in the first quarter of fiscal year 2000. What is envisioned is knolls on the corners with canopy type trees and a small entry median to create an environment that feels residential rather than the vast openness that currently exists, and it is quite certain the speed limit will be likewise be reduced. Councilman Boyd said with the private investment he sees this as an opportunity to begin significant revitalization of Seal Beach Boulevard, the existing businesses will be encouraged to remain, the street is self-limiting, to create an environment that is all commercial and not residential poses the same problems that there are on Main Street with traffic, parking, noise, congestion, all of the issues that residents have battled with the businesses for years, to create that same environment on Seal Beach Boulevard would not be healthy, the opportunity to reshape that area of the town should not be allowed to go by, this is down zoning, the highest and best economic use of the property, it has been heard that commercial can not sustain itself there, there has not been private investment in that street for many years, in 1986 there was a Plan but no private investment, this applicant is willing to make the private investment. Councilman Yost deemed this to be a complicated issue, he has had some involvement and discussion with Mr. Bartlett, initially he was not pleased with the proposal however was looking at it from the standpoint of nine homes and zero lot lines and sharing a wall with the liquor store and bate shop, since then the project has been revised and is more reasonable. He expressed his feeling that there is no good answer with regard to this particular area, he understands the rights of the owner that wants to do something they desire with their property, there are in fact nine lots, he understands the residential proposal as well as that is most profitable, understands too the concern of Mr. Miller that by developing residential that may negatively impact the existing businesses, which is not what is desired, as this will increase values of the existing properties. The argument can be made that the City has not done enough to make it a viable commercial street, on the other hand it has been said that no.one has been willing to invest in that area, said also that there is no commercial money available for that street, it is a down zoning, noted that no one ever razes residential for commercial, once commercial is gone it is gone, this City ranks thirtieth out of thirty-one cities in terms of commercial, that is something that brings revenue to the City, it is difficult to balance all of these issues with regard to this particular property. Councilman Yost said even if he were to vote for this project he may not be too pleased, while the designation is commercial it is still in the public domain, whether it be a business or a restaurant there are views that are available for enjoyment of the public, once it is turned into residential homes that is gone forever, yet he also agrees to some degree with the rights of the person(s) who own the property, it is felt they have made a good faith effort to bring the project into reason, they have removed his major objection of zero lot I I I 12-14-98 I lines, of some disadvantage to the property owner is the liquor and bait stores built to the property line. Councilman Yost said he would like to find some way to assure that the existing businesses stay and that they are supported, he would not like to see this project be their demise. Councilman Boyd offered that if this project is moved forward and a significant reinvestment is seen as a residential street and it is seen that business want to move, inquired if there is some type of assistance program that the City could do to help with their relocation within the City, possibly through efforts of staff or a limited commitment of dollars. The City Attorney confirmed that staff may provide help to businesses and there are certain economic incentives. Councilman Boyd said he would make the commitment of staff assistance to businesses to identify retail locations, etc. Councilman Doane moved to approve Negative Declaration 98-3, General Plan Amendment 98-2, and Zone Change 98-2 for 321 Seal Beach Boulevard, the Anaheim Bay Villas. Councilman Yost seconded the motion for the purpose of discussion. I To Mayor ProTem Campbell the City Attorney advised that the motion could include all three actions however the Negative Declaration should be the first acted upon. The City Attorney directed attention to the staff recommendation that no second reading be held on the Ordinance approving the zone change until such time as the tract map is approved, however Mr. Bartlett has said that in-lieu of a tract map they may consider application for a lot adjustment, in that case staff would recommend that there be some type of agreement with respect to the issues that the applicant has agreed to, explaining that typically the conditions for in-lieu fees, park fees, the $10,000, etc. would be applied to a tract map, again, if there is no tract map the recommendation to Council would be to not approve second reading of the Ordinance unless there is an agreement signed by the property owner to provide the benefits to the City as agreed to at this meeting. Mayor ProTem Campbell agreed with the prior concern of removing revenue generating commercial and replacing it with residential that does not generate revenue, however it can not be looked at as what was but as what is, the marketing realities of today. She noted too the complaints about the blighted conditions of the street, now there is an opportunity to improve it, not everyone will be happy, yet there are rights of the owners, in evaluating every situation that comes along each must be considered on its own merit, and the fact is that given the marketing realities .of today one is not going to see a use such as the Shore Shop or any other retail being a viable business on that corner, the other businesses there do not draw the type of customer as does the Shore Shop. Mayor ProTem Campbell concluded that there is really no other choice, although there may be other land uses, this is the land use proposed by the property owner for consideration. I The motion of Doane, seconded by Yost, was restated to adopt Resolution Number 4671 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION NO. 98-3, RELATING TO GENERAL PLAN AMENDMENT 98-2 AND ZONE CHANGE 98-2, IN THE CITY OF SEAL BEACH, CALIFORNIA (ANAHEIM BAY VILLAS)." By unanimous consent, full reading of Resolution Number 4671 was waived. 12-14-98 AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried The motion of Doane, second by Yost, was restated to adopt Resolution Number 4672 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 98-2 (ANAHEIM BAY VILLAS)" and I approve the introduction and first reading of Ordinance Number 1442 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 98-2 (ANAHEIM BAY VILLAS)." By unanimous consent, full reading of Resolution Number 4672 and Ordinance Number 1442 was waived. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried The City Attorney reminded that Ordinance Number 1442 would not receive second reading until there is either a tract map filed or an agreement. CITY MANAGER REPORTS The City Manager noted that a few years ago the City changed the hours of City Hall being open to the public to provide for closure on Fridays, this the result of reduction of staff, difficulty handling the workload and still be available to the public five days a week, another reason was the mandate of the State for trip reduction as a means of reducing air pollution problems. As of July, 1995 a 9/80 program was implemented whereby employee schedules were staggered, working every other Friday, and City Hall was open for public business from 7:00 a.m. until 6:00 p.m. Monday through Thursday. With the public seeing employees in City Hall and possibly the door open yet are told that City Hall is closed for public services on Friday, this has created' some problems. The Manager advised that as of January 1st City Hall will be open to the public on Friday from 8:00 a.m. until 4:00 p.m. with reduced staff, and Monday through Thursday from 7:00 a.m. until 6:00 p.m., that'a total of fifty-two hours per week. He confirmed there,will be staggered hours to accommodate the Friday opening, also that each department has discussed this change with their employees, there will be no overtime, and if an employee wishes to have a certain day off they may do so. The Manager made reference to considerable discussion during the budget sessions with regard to being as responsive as possible to sidewalk problems, for cost saving purposes the policy has been to wait and combine as many projects as possible and when sizeable enough seek competitive bids, however the last bid process was out of line on a per foot basis. He reported the Public Works Director has been able to work out, with a reputable contractor, a competitive price that might be expected for a larger project whereby as often as on a monthly basis small blocks of the most problematic sidewalks can-be repaired citywide. I I ORAL COMMUNICATIONS There were no Oral Communications. COUNCIL CONCERNS Councilman Doane wished all'a happy holiday season. Councilman Boyd extended thanks to Mr. Jim Klisanin, the Recreation Department, the supporters and volunteers who 12-14-98 I helped make the annual Christmas Parade a success. He noted some Main Street improvements moving forward in cooperation with the tree committee, the planting of about nineteen new trees, hopefully flower beds shortly thereafter, also, the pier and City Hall restroom renovations are on the way. As a member of the Orange County Fire Authority Board, Councilman Boyd said there is an issue that has come to attention relating to the City of Huntington Beach and the possibility of suspending indefinitely paramedic services that they deliver, in cooperation with the Orange County Fire Authority, to Sunset Beach, that would mean that the one paramedic unit in Seal Beach would also be responding to Sunset, Beach for life support services. He said he would be addressing the Huntington Beach City Council on December 21st requesting that they not take this action, and that he would continue to update the Council on this matter. He reported also that he would be assuming the position of former Mayor Brown on the Sanitation District Board as the alternate. He wished all Merry Christmas. Mayor ProTem Campbell asked if there is some way to get Comcast to provide Fox Sports West 2, that is one reason people are going to satellite. She confirmed with the Public Works Director that he had received petitions from residents of College Park East relating to the intersection of Wisteria and Ironwood, to which she stated a way must be found to resolve the problems at that corner, also noted having provided the Council with a letter relating to the tour of Seven Oaks Dam, a worthwhile trip. At the request of the Mayor ProTem, Councilman Yost acknowledged that moving the meeting hour forward to start at 7:30 p.m. would be helpful to him. The City Attorney offered to review the provisions of the Charter and prepare an ordinance for consideration of a 7:30 p.m. meeting time and a closed session start of 7:00 p.m., if the Council so desired. Mayor ProTem Campbell requested input as to what is thought to be important issues for consideration during the upcoming year, and wished all a happy holiday season, and peaceful new year. I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the agenda, a conference with legal counsel with regard to existing litigation pursuant to Government Code Section 54956.9(a), anticipated litigation pursuant to Government Code Section 54956.9(b), and a conference with the City's real property negotiator, pursuant to Government Code Section 54956.8, with regard to property located at 20l - 8th Street, terms of payment and price. The Council adjourned to Closed Session at 11:46 p.m. and reconvened at 12:21 a.m. with Mayor ProTem Campbell calling the meeting to order. The City Attorney reported that the Council had discussed the items listed on the agenda, gave direction relating to the first and second item, no other action was taken. I ADJOURNMENT The Council directed that the second meeting of December be canceled and adjourned to Tuesday, January 5th, 1999 at 5:00 p.m. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 12:25 a.m. 12-14-98 / 12-28-98 / 1-5-99 Appmved, ~!11J;jw- ~ ~ , pMa~~ I Attest: Seal Beach, California December 28, 1998 The Seal Beach City Council regular meeting of December 28th, 1998 was canceled in observance of the holiday season. o ex-off'cio clerk Seal Beach Seal Beach, California January 5, 1999 I The City Council of the City of Seal Beach met in regular adjourned session at 5:04 p.m. with Mayor ProTem Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Campbell Councilmembers Boyd, Doane, Yost Absent: None Vacancy: One Also present: Mr. Till, City Manager Mrs. Yeo, City Clerk Boyd moved, second by Yost, to move Oral Communications prior to the City Council position interviews. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One 'Motion carried I ORAL COMMUNICATIONS Mayor ProTem Campbell declared Oral Communications open. Mr. Reg Clewley, Catalina Avenue, said moving Oral Communications forward on the agenda was the right thing to do as required by the Brown Act. Mr. Clewley said his program was not forthcoming in preparation for this evening as it is necessary to provide a minimum twenty-four hour advance notice to the City for the use a slide table, therefore claimed the public does not have the opportunity to address the issues on this agenda. He recommended that consideration