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HomeMy WebLinkAboutCC Min 1996-06-24 6-17-96 I 6-24-96 ADJOURNMENT _ It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, June 24th at 5:30 p.m. for further budget review and to meet in Closed Session if deemed necessary. By unanimous consent, the meeting adjourned at 8:00 p.m. I Approved: ~'I_ /OZ.. J___L' -'. Mayor ., Attest: Seal Beach, California June 24, 1996 The city Council of the City of Seal Beach met in regular I adjourned session at 5:30 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Campbell, Fulton, Hastings Absent: None Also present: Mr. Till, city Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA Forsythe moved, second by Hastings, to approve the order of the agenda as revised to consider the personnel matter first, the public employee performance evaluation of the City Manager pursuant to Government Code Section 54957, then the other items identified on the agenda, anticipated litigation pursuant to Government Code Section 54956.9(b), and a conference with the city's labor negotiator pursuant to Government Code Section 54957.6 with regard to Non-represented employees and the Orange County Employees Association, and a budget discussion. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I CLOSED SESSION The Mayor announced that the Council would meet in Closed Session to discuss the items identified on the agenda. It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 5:35 p.m. The Council reconvened at 6:54 p.m. with Mayor Forsythe calling the meeting to order. The city Attorney reported that the Council gave direction with regard to I I I I... . . ., I ..,' ." ~ t 6-24-96 the items identified on the agenda, an no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the meeting at 6:54 p.m. lerk and ex-off of Seal Beach Attest: Seal Beach, California June 24, 1996 The city Council of the city of Seal Beach met in regular session at 7:05 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Campbell, Fulton, Hastings Absent: None Also present: Mr. Till, city Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, City Engineer/Director of Public Works Mrs. Stoddard, Director of Administrative Services Mrs. Yeo, City Clerk APPROVAL OF AGENDA Councilmember Hastings requested that Item "G" be removed from the Consent Calendar for separate consideration, and Mayor Forsythe requested that Item "P" as well as Item "G" be removed. Brown moved, second by Hastings, to approve the order of the agenda as revised. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried PRESENTATION.- McGAUGH SCHOOL STUDENT AWARDS Councilman and Mrs. George Brown presented a certificate of commendation to Kirsten Kutz for her essay that recently won the American Legion Award in Orange County, the essay now being forwarded to the State contest.- 6-24-96 Councilman and Mrs. Brown presented certificates of commendation to Brandon Kou and Kayla Ewell for having been chosen citizens of the Year for which they too received awards from the American Legion. Mayor Forsythe presented certificates of commendation to the 4th and 5th grade students for their accomplishments in a recent I speech contest: " Stephanie Nichols and Joe Rokicki receiving 4th Grade first place awards, the subject of their speeches on 'being an author and doing things through the magic of books' and 'being a super hero' respectively; 4th Grade second place awarded to Annaliese Ross for 'being an author'; and 4th Grade third place awarded to Scott Mendonza for 'being a famous author,' describing the kind of humorous books he wrote; 5th Grade first place award to Nicole Hammersla for 'being an architect, how she got there, and how she designed her house'; 5th Grade second place was awarded to Chera Tribble, and 5th Grade third place was awarded to Ciara Vesely however they were not present. Congratulations was extended to all of the award winners. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Bruce stark, Seal Beach, commended Mayor Forsythe for her efforts towards developing a use for the Hellman property, likewise Councilman Brown for his expressed attempts to bring private businesses to the City that would generate sales tax revenue, however he expressed regret that it is the Los Altos shopping area that has reportedly attracted Circuit City and Sears stores that will generate considerable revenue to Long Beach, and claimed that they could have located in Seal Beach along Seal I Beach Boulevard with more than ample land remaining. He criticized staff for not pursuing such businesses to locate in this community. There being no further comments, Mayor Forsythe declared Oral Communications closed. APPOINTMENTS - BOARDS AND COMMISSIONS Archaeoloaical Advisorv Committee Ms. Genevieve Price and Dr. Gilbert Unatin, District Two appointees, Ms. Joan Ellen Goldberg and Ms. Jean Frietz, District Three appointees, Mr. Bruce Fitzpatrick and Ms. Moira Hahn, District Four appointees, and Ms. Shirley Benjamin, a District Five appointee, were recommended for reappointment to the Archaeological Advisory Committee for the full term of one year. The two District One and one District Five positions were held over. citizens ParticiDation Committee - HICD proiects Councilmember Hastings reappointed Ms. Seretta Fielding as the District One representative to the Citizens Participation Committee; Councilman Brown reappointed Ms. Phyllis Solomon as the District Two representative; Mayor Forsythe reappointed Ms. Jane McCloud as the District Three representative; and Councilmember Campbell nominated Mr. Richard Hauser, Fir Avenue, I as the new District Four representative. All of the above appointments are for the full term of four years, expiring July, 2000. Parks and Recreation Commission Councilmember Hastings reappointed Ms. Mary Johnson as the District One representative to the Parks and Recreation Commission, and Councilman Brown nominated Ms. Lisa ChattIer, Harvard Lane, as the new District Two representative, both for the full three year term expiring July, 1999. The "District Five vacancy was held over until the next meeting. I I I .. .'''' 6-24-96 Pro;ect Area Committee Mayor Forsythe reappointed Ms. Carla Watson as the District Three resident member and Mr. Joe Kalmick as the District Three business member. The Council accepted the reappointment of Ms. Laura Alioto by the Seal Beach Historical Society, Mr. Terry Barton by the Friends of the Library, and Mr. Gordon Shanks by the San Gabriel Parks Society. All reappointments are for the full two year term expiring July, 1998. Brown moved, second by Campbell, to accept and confirm all appointments and reappointments to the above Boards and commissions for the stated terms. AYES: NOES: Brown, Campbell, Forsythe, FUlton, Hastings None Motion carried RESOLUTION NUMBER 4469 - MAYORAL APPOINTMENTS Resolution Number 4469 was presented to the Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CONFIRMING APPOINTMENTS MADE BY THE MAYOR OF REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES AND ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS AND REPEALING RESOLUTION NUMBER 4389." By unanimous consent, full reading of Resolution Number 4469 was waived. Hastings moved, second by Brown, to adopt Resolution Number 4469 as amended to reflect Mayor Forsythe as the representative to the Sanitation District, Councilman Brown as the alternate, Councilman Fulton as the representative to the West Orange County Water Board, Councilman Brown as the alternate, Councilmember Hastings as the representative to the Southern California Association of Governments, Mayor Forsythe as the alternate, Councilmember Campbell as the representative to the Orange County Division of the League of California Cities, Councilman Brown as the alternate, and Councilman Fulton as the representative to the Santa Ana River Flood Protection Agency, Councilmember Campbell as the alternate. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried It was noted that appointments to the Orange County Fire Authority were not included in the annual Mayoral appointments as the term for those positions is four years. with regard to the current incompatibility of office scenario for councilmembers to serve as representatives to the Vector Control District, it was the consensus of the Council that former Councilman Frank Laszlo continue to serve as the City'S representative to the Vector Control District for at least the remainder of the current term ending December, 1996. CONSENT CALENDAR - ITEMS "c" thru "a" Brown moved, second by Campbell, to approve the recommended action for items on the Consent Calendar as presented, except Items "G" and "P", removed for separate consideration. 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 unless specific request is made at that time for the reading of such ordinance . ; or resolution. , D. Approved regular demands numbered 12784 . through 12922 in the amount of $286,301.61, 6-24-96 payroll demands numbered 17279 through 17465 in the amount of $263,909.83, and authorized warrants to be drawn on the Treasury for same. Received and filed the staff report relating to Orange County Projections - 1996, a comprehensive update of projects to the year 2020 for population, housing units and employment in orange County, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. F. Received and filed the staff report regarding the receipt of Responses to Comments from the County of Orange reo "Recirculated 1996 Draft Environmental Impact Report (DEIR) for the Bolsa Chica Project", and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. E. I H. Approved joining an Amicus Brief on behalf of the city of Agoura Hills relating to cities' abilities to regulate certain types of signs, at no cost to the City of Seal Beach. Received and filed the staff report regarding the Measure M TOM (Transportation Demand Managell!ent) Application - "Strategic Program for EV Infrastructure Installation", instructed staff to prepare additional status reports as appropriate, and to forward this item to the Environmental Quality Control Board and Planning Commission for information purposes. 1. I J. Approved the renewal of the Agreement with the County of Orange for Animal Control and Shelter Services for the fiscal year term commencing July 1, 1996 through June 30, 1997, and authorized the Mayor to execute same on behalf of the city. K. Approved the renewal of the Letter of Agreement between the Grace Community Church and the City of Seal Beach for the use of the 8th/Central municipal parking lot for the six month term commencing July 1, 1996 through December 31, 1996. L. Accepted the resignation of Mr. Arden (Ace) Yeam from the Archaeological Advisory Committee, a District Five appointee, and declared the position to be vacant. Formally disbanded the Seal Beach Administration Building Authority in that the debt service and interest on the Revenue Bond Issue for the Seal Administration Building was paid in full in fiscal year 1994/1995. N. Approved a City Council policy relating to priority processing of electrical permits for installation of electric vehicle charging equipment in a residential structure within seventy-two hours of permit application, received and filed the staff report with regard to the AQMP Application M. I I I I '-1 '.: oJ,~..~ : ti. ..., ~:. . (' ,~ -' ,,' :..-: 6-24-96 O. "Quick Charge Program Proposal", instructed staff to prepare additional status reports as appropriate, and to forward this item to the Environmental Quality Control Board for information purposes. Adopted Resolution Number 4481 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE ORANGE COUNTY EMPLOYEES' ASSOCIATION" and adopted Resolution Number 4482 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE COMPENSATION PLAN, INCLUDING SALARY AND BENEFITS FOR MANAGEMENT, CONFIDENTIAL AND NON-REPRESENTED EMPLOYEES." By unanimous consent, full reading of Resolutions Numbered 4481 and 4482 was waived. ' Q. Adopted Resolution Number 4483 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INITIATING PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER'S "REPORT" FOR A STREET LIGHTING ASSESSMENT DISTRICT", adopted Resolution Number 4484 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE ENGINEER's "REPORT" FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS IN A STREET LIGHTING ASSESSMENT DISTRICT" and adopted Resolution Number 4485 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A STREET LIGHTING ASSESSMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING." By unanimous consent, full reading of Resolutions numbered 4483, 4484 and 4485 was waived. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G" - ORDINANCE NUMBER 1405 - DISPLAY STANDARDS - TEMPORARY ADVERTISING BANNERS Councilmember Hastings said her understanding was that 'the period in between the display of a banner had been changed from six days to fourteen days, Councilmember Campbell noted that provision for a six month review was not set forth in the Ordinance, and the prohibition of DayGlo colors was mentioned as another change that had been made. The Director of Development Services apologized in that the Ordinance in the agenda packet was an incorrect version and suggested that second reading could be held over until the next meeting. The city Attorney noted that all of the provisions mentioned had been discussed at the last meeting therefore the second reading of the Ordinance could be held if desired. Brown moved, second by Fulton, to hold second reading and adopt Ordinance Number 1405 as amended entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING ORDINANCE) OF THE SEAL BEACH MUNICIPAL CODE, AMENDING ARTICLE 18, ,SIGN PROVISIONS, TO ESTABLISH STANDARDS. FOR THE DISPLAY OF TEMPORARY ADVERTISING BANNERS IN COMMERCIAL ZONES 6-24-96 (ZONE TEXT AMENDMENT 95-1)." By unanimous consent,. full reading of Ordinance Number 1405 was waived. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEM "P" - MEASURE M - LOCAL STREETS AND ROADS FUNDING PROGRAM - 1996/97 ELIGIBILITY APPLICATION Mayor Forsythe inquired as to the process to have a project placed on the eligibility list. In the absence of the city Engineer, the Director of Development Services responded that such a process does exist through the Measure M Technical Committee, a group comprised basically of city engineers representing the cities in the County. Mayor Forsythe reported that the intersection location is Pacific Coast Highway at 12th Street/Balboa Drive where improvements need to be made by means of freeway signals or whatever in view of the amount of cross traffic, history of accidents, a fatality, etc. The Director said he could see no reason why staff could not be requested to add a project to the list, cost estimates will be compiled, justification for the improvements will be prepared, however noted that there could be a period of time before funding is realized given the number of competing projects countywide. Forsythe moved, second by Brown, to approve the updated Measure M Capital Improvement Program, certify the City's updated Pavement Management Plan, affirm the City's Maintenance of Effort, and directed staff to submit an eligibility application to OCTA by the June 30th, 1996 deadline in order to preserve the city's funding eligibility status under the Measure M program. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried JOINT POWERS AGREEMENT - ORANGE COUNTY COUNCIL OF GOVERNMENTS This item was continued to a future meeting as requested by staff. PUBLIC HEARING - MAIN STREET SPECIFIC PLAN Mayor Forsythe declared the public hearing open to consider the Main Street Specific Plan Revision, Negative Declaration 96-1, General Plan Amendment 96-1A and 96-1B, Main Street Specific Plan Revision 96-1, Zone Text Amendment 96-1 and Zone Change 96- 1, Background Studies - Main Street Specific Plan Report, and AB 1600 Report. The City Clerk certified that notice of the public hearing was advertised as required by law, notices mailed as well, that within the area of 5th Street to 12th Street from Ocean to Pacific Coast Highway to residents, occupants, property owners and merchants, and reported having received communications from Joan McEvoy Storms in opposition to in-lieu parking fees, from Renee Bursinger in opposition to a parking structure, from Shirley Barash in opposition to a parking structure, a petition from James Cook and others requesting one hour parking from 6:00 a.m. until midnight on 8th Street between Electric and Pacific Coast Highway, from Dorothy Nescher, owner of Johns Food King Market, through her attorney, in opposition to parking meters, from Bruce Van Natta and Carolyn and Eldon Alexander in opposition to a parking structure, copies of which have been provided the Council, and a communication received at this meeting from Dr. and Mrs. Myron Varon also opposed to a parking structure. The Development Services Director presented the staff report, noted that the Specific Plan process has been on-going for about eighteen months with the involvement of the Council and Planning Commission in joint study 'sessions, the consultant then incorporating information from those sessions into a draft. document that was felt represents the concerns of the-community, I I I . ,\ " .... '~..' . ..... ,I I, ... tL!I'(:.'-.~.J,..~~ Ii . I' 'f ~ ~ " "1 I' . 6-24-96 I public hearings were held before the Planning Commission with their recommendations and final actions taken on April 17th. He pointed out that a Specific Plan currently exists, adopted in 1976, which is basically a public works improvement plan, it does not deal with appropriate land uses in the area, design standards, off-street and on-street parking and how utilization of that parking could be made more efficient and effective for the community. The Director commenced with a summary and visual presentation of the Planning Commission recommendations and findings regarding the Main Street Specific Plan. He explained the Negative Declaration as a document required by the California Environmental Quality Act to be prepared by a city when, after evaluation of the potential environmental impacts of a project, there has been a determination made that there is no substantial evidence that approval of a project will have a significant effect on the environment, noted there were very few comments during the Planning Commission hearings as to the adequacy of the environmental review, and the Commission recommended its adoption in compliance with CEQA and the local CEQA Guidelines, this action preliminary to further actions to approve or deny an application thereafter. As to the General Plan Amendments, Amendment 96-1A amends the Land Use Element and Amendment 96-1B amends the Housing Element, the Planning Commission determined that those proposed amendments 1) will not be detrimental to the short term or long term goals of the City of Seal Beach, is in the interest of the public health, safety and welfare; 2) will amend the Land Use Element of the General Plan to amend several goals, policies and issues to reflect proposed revisions to the current Main Street Specific Plan, and to have conformity between the Land Use Element and the Specific Plan, amends the Summary Table of Existing and Proposed Land Uses in Acres by creating the Main Street Specific Plan Zone to reflect the redesignation of areas currently classified as Service Commercial, General Commercial and Public Land Use in this designation; 3) will result in an increase of 14.8 acres of Main Street Specific Plan Zone, and a decrease of 8.0 acres of Service Commercial, 0.4 acres of General Commercial, and 6.4 acres of Public Land Use designated within the City; and 4) will amend the Housing Element of the General Plan, Table 16, Seal Beach Acreage by General Plan Land Use Designation to conform to the proposed redesignations of land use categories for the Main Street Specific Plan area. He explained further that the laws in the State of California require conformity between the various Elements of the General Plan and conformity between the General Plan and its implementing documents which could be a Specific Plan, Zoning Ordinance, Zoning Map, etc., the Specific plan Zone basically includes all of Main Street from Pacific Coast Highway to Ocean Avenue, Eisenhower Park, the 8th and 10th Street public beach parking lots, the 8th and Central lot, the Fire Station and the City Hall property. He stated the Specific Plan is meant to basically update to current desires of the city the goals for the Main Street area, revises the provisions of the Plan and provides means to implement whatever measures are felt to be appropriate to maintain the character and identity of Main Street, pointing out that one of the major focuses before the Planning Commission and from the viewpoint of staff is that there appears to be a general consensus that the current condition of Main Street is desired to be preserved, not an expansion of buildings, increase of size or heights, also, the type of mix of land uses seems to be one that is likewise generally desirable. The Director advised that the Planning Commission determined the revisions to the Specific Plan to be consistent with the General Plan as proposed to be amended.. He noted that.the existing twenty year old Main Street.Specific Plan does not.address some major issues such as incompatible. I I 6-24-96 land use, the relationship of residential and commercial uses, the potential use of the beach parking lots and other off-street parking potentials to alleviate some of the demand for commercial parking on Main street, the proposed specific Plan deals with those issues in greater depth, addresses the appropriate land uses for the Main Street area, development and sign standards, with the emphasis on defining the appropriate I balance between resident serving and visitor serving commercial uses, focusing on parking, parking management, and provision for new spaces, as well as the establishment of an enforceable AB 1600 parking mitigation fee. He noted that, as recommended by the Planning Commission, the proposal would place a numerical cap on the number of off-premise licenses for alcoholic beverage uses in the area, allowed only in conjunction with a market which does currently exist, and allows for one additional location for a total of two off-premise locations, the Plan does not allow for the establishment of new liquor stores on the Street, the two existing stores would be grandfathered so long as they remain in operation, the hours of operation for the off- premise establishments would be limited to 7:00 a.m. until 10:00 p.m. Sunday through Thursday, 7:00 a.m. until 11:00 p.m. Friday, Saturday and holidays, and a conditional use permit and public hearing before the Planning Commission would be required to establish such new use in the area. The two existing, licensed bar operations would be allowed to remain as legal nonconforming uses until such time as they may decide to close, and in that case a new bar would not be allowed to be established at those locations. The Plan establishes standard operating hours for restaurants with alcohol uses in the Main street area, 7:00 a.m. until 10:00 p.m. Sunday through Thursday, 7:00 a.am. until 11:00 p.m. Friday, Saturday and holidays, those hours applicable to new uses, not existing establishments that may currently have I different hours of operation, a new restaurant use would require a conditional use permit, and explained that the Commission did attempt to place a cap on the number of restaurant uses that would be allowed on Main Street; however did not do so. All references to a Business Improvement District have been deleted, however Policies 16 and 17 encourages the local business community to explore alternative ways to develop the processes they would need to promote and improve their business opportunities on a voluntary basis. The proposed Plan revises the parking standards for various uses in the Main Street area in an effort to encourage what is seen as resident serving commercial uses to stay in the community, the hardware store, the market, postoffice, theater, as examples, relaxing the parking requirements thought to be one of the very few means of doing that, however restaurant and visitor serving uses would have a higher parking requirement. The Zone Text Amendment is developed to be consistent with the Main Street Specific Plan, the Amendment creates a new zone category, specifies the permitted uses, which uses are subject to a conditional use permit, provides for limitations on permitted uses, describes general provisions for lot size, open space requirements, yards, setbacks, etc., adds design provisions which no other zoning category has, sets forth parking and loading space requirements either by right or by conditional use permit, and screening I provisions as is provided in all other zoning categories. By creating that zoning category, amendments to other provisions of the Code will be necessary, the sign code as an example to add that category, a reference to the zone category in the non- conforming section of the Code as well. The Zone Change requires amendment of the zoning map, basically changes the zoning of the property from service commercial, public land use, etc. to the Specific Plan Zone, affecting about 14.8 acres, again determined to be consistent with the Text Amendment, .... Specific Plan and General Plan amendments as proposed. The Director noted that considerable time was spent on the AB' 1600' I I I c.;.: ?~ ,:,... ~~ I~ ;,,: .Pi " . .... r :" . 6-24-96 Report, largely based upon public testimony at the Commission level, the basic purpose of AB 1600 is to develop a program for which in-lieu parking fees can be determined for the Main street Specific Plan in a manner that complies with the provisions of State law, as new development will generate a parking demand and in most cases, given the parking situations behind buildings, there is an inability to meet that demand, and the imposition of this program would generate a fee to the city on a per space basis from the new use where additional spaces can not be physically provided over what exists on the property. He mentioned that the Planning Commission devoted considerable time to develop options for programs and improvements for Council consideration to be included in the Specific Plan as well as funding mechanisms to cover the costs of the improvements. The Director explained that the AB 1600 fee is derived by developing two different programs, the first an improvement program with estimates of cost, the second the revenue sources available to meet the cost of the improvements, the shortage between the two is the amount of money that would then be funded through the AB 1600 program. The Director described the various improvements for consideration as 1) a ticket machine and equipment for the beach lot, $60,000; 2) improved signage for the beach lots, $10,000; 3) parking meters for the city-owned lots, Main Street 100 block and Electric at Main, $52,325; 4) beach lot amenities and access, walkways, lighting, landscaping, restroom facilities, etc., $165,000; 5) parking structure on 8th Street lot, approximately thirty spaces, $440,000; 6) property acquisition and improvements for a twenty-eight space parking lot (including meters), vicinity of Central Avenue and Main Street, $1,100,000; 7) parking meters for Main street, $107,785; and 8) parking meters for the 8th Street lot, $19,840, totalling approximately $2,004,000 if all improvements were implemented. The revenues identified to offset the costs of the improvements include 1) funds in hand or pledged as of November, 1994, $219,046; 2) current fees based on the recommended $350 per space per year for one hundred ninety-six spaces over a period of eight years (an increase of the current $100 per space per year), $548,800; and 3) parking fees from meters installed on Main street and in all of the parking lots. The total of all revenues about $1.6 million thus a shortfall of nearly $400,000 which, based upon the need for new spaces, would result in a new in-lieu parking fee of about $5,197.62 per space, again, that based on implementing all of the above mentioned improvements, and should some of the improvements be deleted the per space fee would then be recalculated. He noted the last action required of the Council would be to receive and file the Background Studies document. The Director introduced Mr. Paul Zucker, the Council selected consultant to assist staff in the preparation of the Main street Specific Plan. Mayor Forsythe invited members of the audience wishing to comment on this item to come to the microphone and state their name and address for the record. Dr. David Rosenman, 8th. Street, said one of the issues that started the Specific Plan process was the sometimes controversial issuance of conditional use permits, noted there is some language relating to hours of operation, with the exception of those that are grandfathered, however given the absence of a cap, if a liquor serving restaurant wanted to locate here they could, and the process then has not changed. He noted that if a cap is included that could potentially increase the value of those types of existing businesses, however there are documents that show an. over concentration of liquor serving establishments, and given future changes of Commission and Council members it is likely nothing will have been gained. Dr. Rosenman cited the mention of doing a license plate analysis of Main Street parking.if parking meters. are not approved for the Street, that program would 6-24-96 require some type of computer device however that cost is not shown in the list of potential expenditures. He mentioned also that the document makes reference to parking as being 'in relative balance', however there is little reference to the on- going conflict between residential and commercial uses on the collateral streets, and as the parking provisions of the document are refined the on-going competition for spaces needs I to be looked at. He asked that attention be paid to whether the waivers for a CUP are so vague that there could be potential for litigation in the future, citing present language as not providing much guidance. Mr. Charles Antos, 8th street, made reference to the AB 1600 Report, the analysis indicating that it applies to new projects which he deemed would be an intensification or new use that does not meet parking requirements, however the revenue figures referenced, current fees of $350 per space per year, an amount slightly more than $500,000, would be those persons who are currently paying $100 per space, and stated that if the AB 1600 is approved at this meeting and given the fact that there was no such report for the past in-lieu fees that have been collected, then arrangements best be made to pay back the in-lieu fees that have been paid over the years, clarifying that his recommendation is for in- lieu fees imposed as a condition of approval, not through a development agreement, traffic mitigation, or other legal means. At the request of the council, the City Attorney confirmed that the city had the means of collecting fees through development agreements, as a condition of variances, traffic impact mitigation fees, etc., however the comments made are to those who have paid in-lieu fees prior to AB 1600 and to which he said the opinion is that the pre-AB 1600 fees are still collectable, noting however an uncertainty as to how many of the businesses paying in-lieu are post-AB 1600. Mr. Bruce Stark, Seal Beach, I said his concern is with what is not in the document, recalling a Specific Plan for the Mola development which prompted a lawsuit because the Housing Element had not been approved, which he claimed has still not been rewritten or approved. He noted the shortfall of nearly $400,000, questioned whether the property owner or the lessee will pay that shortfall, projecting that it will likely be the taxpayer. Mr. Stark also said the law requires that a refund is due where there is no demonstrated need, claimed there have been three Main street parking studies, each concluding that there is no parking problem, therefore asked how the shortfall can be justified. He stated he has yet to observe the 8th and Central parking lot full during the week and it is nearly empty on weekends, yet there is a proposal to construct a parking structure, and to that he added that the environmental review claims there would be no impact, to which he questioned the impact on the neighboring properties, a structure that will house and promote crime, also complained that there is no surveyor discussion of other cities that have similar structures. The Director of Development Services clarified that the city does have a Housing Element that was approved by the Court of Appeals in about 1991. Mr. Brian Kyle, Seal Beach, made reference to the 1984 Downtown Revitalization Task Force that was composed of a wide range of people representing residents, property owners, etc., of which he was I one, and at that time a study was done at a cost of $75,000, the reason for the study was that there was virtually no activity on Main Street, shops were empty, windows were boarded, the Task Force made recommendations and the Street has become healthy. He noted that the in-lieu program was initiated as a result of restaurants coming in and businesses trying to open, yet the Coastal Commission would not accept in-lieu and stated there needed to be actual spaces. He said in his case the beach lots were restriped which created thirty spaces, he is being charged for twenty-three more to which he claimed should only be eighteen. He claimed that the 1984 report says basically the ..: IIf. I ,.1., . '1' . 1il,- lr. ,'.... ..~ ". 'II .1 ".,' }.'r.' I't J . 6-24-96 I same thing as the new report. with regard to what he felt is needed on Main street, Mr. Kyle said he wanted to see the street trees remain, suggested that Main street be bricked for easier removal of roots from the trees, noted that he personally paid for two street lights in 1984, and nothing has been done with regard to lighting since then. He stated that not one resident wants a parking structure, it should be deleted from the improvement list, and said nothing should encroach the residential neighborhoods. He offered that there is 235,000 square feet of retail, office and restaurant use on Main street which requires 1,350 parking spaces, to which he suggested that if the parking at the pier were opened, which is usually ninety percent empty, and if those four hundred spaces were added to the existing, the result is that there is a shortage of seventy- four spaces. Mr. Kyle claimed also that it is not Main street that brings people to Seal &each, it is the sun and the beach. He again suggested that the parking structure and the property acquisition, things no one wants, be deleted from the improvement costs. Mr. Kyle noted that initially he was advised that the total cost of a parking space would be between $1,200 to $1,800, which he has been paying on for several years, and in turn he indicated support for expenditures relating parking validation, improved signage, etc. Dr. Varon, 127 - 8th Street, said he too is opposed to a parking structure in the lot adjacent to the Fire Station, and as a neighbor cited his observation of objectionable activities in that lot. He noted his objection also to the extended hours until 10:00 p.m. for general parking in that lot, and the accumulation of trash and debris in the lot before trash barrels were placed there. Dr. Varon said parking structures in other cities have turned into minor disasters, and claimed these structures provide a safe haven for crime and gangs and will pose a public safety problem. Ms. Diane Senyak, 7th Street, said she too was opposed to any structure on the 8th Street parking lot, cited existing problems created by persons littering and making noise, and stated that the limited police force should not be burdened with such a potential problem. Ms. Mona Babcock, she and her husband the owners of Walt's Wharf Restaurant, said they conducted a survey of their customers with regard to parking this past week however the results have yet to be tallied. Also, they have observed the beach lots on nine different occasions during the busiest hours of the day and at least four times there have been over three hundred empty spaces. She.said it appears the Specific Plan is more focused on making money than how to solve solvable problems, and that they agree with this and past Plans and studies in that there is not a parking problem, rather a management problem, and mentioned a number of variable solutions through the utilization of the beach lots. Ms. Babcock mentioned the possibility of a trolley, such as is used in San Luis Obispo, which could even transport people across the Highway. She stated at night and early in the mornings the residential streets are fully parked therefore it appears that it is the residents rather than the businesses that have a parking problem, also recalled that a proposal of the Revitalization Task Force was to utilize a portion of the greenbelt for parking, diagonal parking another possibility, and said until the city devises a way to better utilize the beach lots to raise the in-lieu fees for businesses would be ludicrous. Ms. Babcock mentioned that their business has paid $55,000 plus interest into the fund over the past ten years, yet there is still no adopted in-lieu parking program or plan for expenditure of those monies, which she said they question if the City has the legal right to collect those fees, and if it does, she would request to be advised of the statute as well as an accounting of the funds. Mr. Michael Via, legal counsel on behalf of Walts Wharf, stated he wished to follow up on . questions regarding the legal-authority of the city, to collect, I I 6-24-96 continue to collect, or raise the fees that are in-lieu as compared to those persons who pay mitigation fees, etc. At the request of Council, the city Attorney responded that apparently there are eleven businesses that have been paying the in-lieu parking fees, some have entered into development agreements which is a contractual obligation to pay those fees, there are also some who entered into an agreement with the city prior to I 1987 when AB 1600 went into effect, the City has and continues to collect the fees from those pre-AB 1600 businesses, and any new businesses will be subject to the fees pursuant to the AB 1600 study. Mr. Via clarified his inquiry was to the pre 1987 businesses. The City Attorney again explained that the pre AB 1600 are basically grandfathered, the city had the right to collect those fees under the law at that time and to continue to do so, that authority lies within the City's police power. In reference to the $1.6 million estimated revenue, Mr. Via said there are two primary components, the funds in hand or pledged and the current fees projected over the next eight years if the fee is increased for those who are currently paying the $100 per space, to which he advised the Council that of that amount of money he did not believe that the city has the legal right to have ever required those fees, will likely have an obligation to repay those fees, and most particularly does not have the right to increase those fees. He concluded that the citizens and especially the persons paying the fees should be advised of the legal authority. Mr. Mike Justice, Seal Beach, said he liked the intent of the Plan, the concept of keeping the home town, friendly atmosphere, also appreciates the opinion of those who feel that it is necessary to update what is perceived to be an obsolete Plan. He stated however his opposition to a parking structure and concern with the proposed substantially high financial impact on just a few Main Street businesses in terms I of the in-lieu fee, and questioned if the intent may be to allow the least strong businesses to close and move out of town, to which he asked that that impact be given due consideration. Ms. Colleen Crossen, 8th Street, said she has seen a general decrease in the quality of life on 8th Street just due to the parking lot, reported having called the city on more than one occasion for the removal of graffiti from the sign poles, more walls would only increase that problem, from the revenue that may be generated from the lot suggested that the City should consider the cost to maintain the lot, which she deemed to not be cost effective, and that the residents should be able to use the lot during the day to free on-street parking. Mr. Dave Duran, owner of Kinda Lahaina, stated the in-lieu fees were for the intent to purchase land for parking, the restaurant has paid its $1,300 for the required thirteen spaces during his three year ownership, said he has received no notice of the purchase of land or statement as to where the fees have gone, how much money has been accumulated or how close the City is to acquiring land, which to him seems to be an added tax without doing anything with those monies. He said it is sensed that there is a parking problem in the height of the summer yet asked if these fees remedy that situation for the two month span of time, stated he understands that the residents do not want to pay more taxes especially if they can be passed on to the city or the merchants, whenever that happens the city in turn passes the I cost on to the merchants, and even if there were no businesses there is still a pier and a beach and that is why people come here, therefore the city should share the burden, not just develop a Plan for the merchants to pay. Mr. Howard Brief, resident, business and property owner for twenty-five years, stated that in 1987 he remodeled 222 Main street, a condition of obtaining a building permit was that the occupant and/or property owner sign and record against the property the in-lieu parking agreement prior to the issuance of the building permit, yet. when seeking the required approval from the Coastal. "'~ I I I J.. ~..t: 1~ i:...~l.~r~'" , , 6-24-96 Commission he was informed by them that Seal Beach had no in- lieu parking program in place nor authority to collect the fees, and they would issue their permit regardless of whether the City wanted in-lieu parking or not. He said he met all of the conditions of approval except for the agreement as the city never prepared that agreement, which he claimed may have been because there was no program in place that would authorize the imposing of in-lieu parking or the fees, thus he said he has never paid the fees. He expressed uncertainty as to whether the city is astop from collecting those fees given the length of time or have waived the fees, or even if there was a contract the time frame to collect has since passed. Mr. Brief said for those who have not paid the fees they will likely never be collected, and further, for those who have paid there may be a legal obligation to give that money back, nonetheless he suggested that the numbers should be revised as he felt it will be difficult to collect those monies and questioned if there has ever been a right to do so. Mr. Stan Anderson, owner of Coaches and President of the Business Association, advised that a couple of years ago a study of parking was done, confirmed by the Zucker prepared Plan, that parking is not the issue, rather it is management of the parking. He said the most recent car show even impacted the Seal Beach Center yet when the beach lots were looked at it was determined that no one was going to pay $6 to park there, therefore it is important to make sure that the facilities that exist are utilized. He noted the mention of parking on the greenbelt, it was to be designed like Sunset Beach, yet the residents along Electric would object to parking there, possibly the parklike frontage should be an assessment for greenbelt upkeep. Mr. Anderson stated that additional parking is available if it is utilized, suggested that the area considered for purchase for parking purposes could instead be leased, offered his opinion that to impose in-lieu parking fees on the businesses is wrong. He said the 1984 Task Force brought new life to Main Street, Main Street is much better now, there is a new Community Safety Building, signs have been installed directing people to parking areas, discussions have taken place with regard to metered parking in the beach lots, the lot on First Street is open, the parking lot fee was lowered this week, if these and other things are implemented in turn the residential streets will be less impacted. Mr. Anderson spoke favorably of a validation program, better management of parking facilities, and the opportunity for businesses to bring new customers into town. Mr. Jim Klisanin, local businessman and property owner, expressed his opposition to a parking structure, and if it is built assured that property value& will substantially decrease. He stated his experience of not realizing great difficulties finding parking, and as a fairly recent property owner on Main Street he realizes some financial difficulties from time to time when there are vacancies, yet he is being charged $63,000 for twenty-eight parking spaces for two retail shops having no more than one or two people working, persons in two of the office spaces ride their bikes to work, yet the restaurant directly across the street that brings in a large number of customers and utiltzes considerably more parking spaces are being charged half of what he is, the formula used is often based on square footage however it should be the use of a building and the number of people that are frequenting the business and utilizing parking. Mr. Ron Bennett, Seal Beach. resident, spoke favorably of the Specific Plan and the work of the consultant, the Background Study showing that everyone basically wants the same thing, a small town dropped in from the mid-west, the conclusion of the consultant was that there is not a parking problem rather the parking spaces need to be better managed, there is a need for better signage, stated that if the beach lots are improved and a parking system installed, that will make those lots better. .He recalled a comment tha~ parking 6-24-96 is worse in the residential areas than in the business area, an example of that is the 1000 block of Ocean Avenue where, on the south side of Ocean, there is one legal parking space yet there are numerous units, most of which have one garage for a more than one bedroom unit, and most units produce two to three cars, therefore the cars park on the street, yet Main street does not have that problem and it is not that difficult to find a parking I space. With regard to the proposed in-lieu fees he suggested that if the monies estimated for the acquisition of property and for construction of a parking structure were deleted, which the residents do not want, the amount would be reduced to approximately $462,000, the existing facilities can then be utilized properly, signage can be put in place, meter the beach lots, and it would be his preference that the streets be metered as well where about a half million dollars could be realized in revenue, which he claimed to be a democratic form of taxation because what is being used is being paid for. There being no further comments, Mayor Forsythe declared the public hearing closed. It was the order of the Chair, with consent of the council, to declare a recess at 9:05 p.m. The Council reconvened at 9:15 p.m. with Mayor Forsythe calling the meeting to order. Councilman Brown requested and moved to continue this item to allow additional time to resolve certain questions and concerns. Mayor Forsythe said she believed that the Council shares the concerns expressed with regard to parking fees, the construction of a parking structure, and acquisition of additional property for parking purposes, therefore the intent is to request additional information and revised numbers for consideration at the next or a near future meeting. Mayor Forsythe emphasized I that the city is not just looking to raise funds however Main street does need improvements, staff is looking at some means to improve the sidewalks, the lighting, develop a tree program, etc. to attract people to walk the Street, frequent the shops, all in all help the business community, and parking is only one of the issues. She did request information relating to an evaluation of providing more parking in the alleys, particularly for use by employees of the Main Street businesses. Mayor Forsythe seconded the motion to continue this item. Councilmember Campbell clarified that the Planning Commission had looked at the entire list of parking improvements and their costs for the time frame of eight years, the in-lieu fee developed taking into consideration all of the improvements with the understanding that all of them may not be implemented, also, the Commission did not feel it was within their discretion to choose which improvement should or should not be chosen. The Mayor invited members of the business community to contact the Council and provide their input inasmuch as the goals and objectives of the Council and the business community are the same. The City Attorney inquired if the intent of the Council was for staff to delete certain parking proposals and in turn revise the in-lieu fee amount. After brief discussion it was the consensus of the Council to delete the parking structure, I the property acquisition, and the license plate analysis. Councilmember Hastings suggested that the focus be on hourly parking, parking validation, signage in the 8th Street lot to allow weekend parking without citation, etc. Councilman Brown requested further detail, explanation, and legal status of the in-lieu fee. To a question as to whether the in-lieu fees could be used to upgrade the parking lots, the access, landscaping, lighting, etc., the City Attorney advised that those fees are restricted to improving parking, and offered to look into whether they could be used for a small trolley. councilmember Hastings inquired if there are any problems anticipated from the '"rt . .....1., I' " .', 6-24-96 Coastal Commission, the Director of Development Services responded that that may depend on which programs the Council chooses to implement, there could be some difficulties in that Coastal Commission parking standards are different from those of the City. Councilmember Hastings recalled that the Commission had indicated that a trolley would help the parking situation. II Vote on motion to hold this item over: I I AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried PUBLIC HEARING - 1996/1997 FISCAL YEAR BUDGET The City Manager reported that the proposed 1996/97 budget is balanced, there are no service reductions, and addresses the City's capital replacement needs over upcoming years, and although balanced the tone is cautious optimism. The General Fund revenue projection for the upcoming fiscal year is $12.5 million, that figure considered to be flat in that property taxes are anticipated to decline slightly through reassessments, some decrease of sales tax, and the absence of several one-time revenues that occurred during 1995/96. He said there is effort to contain costs for the upcoming year such as the consolidation of police dispatch services, improved efficiency of services provided, a flat budget reflecting $12.1 million. He pointed out that reserves continue to be a major concern, the liability reserve as an example should be $900,000, no set aside for compensated absences, nor is there a $1 million uncommitted cash reserve as required by the City Charter, and until these situations are resolved it can not be said that the City is in a sound financial condition. As directed by the Council, he stated th~t revenues that are a burden on the taxpayer were looked at, most specifically the utility users tax, however upon thorough review it was determined that neither elimination or reduction of the utility tax could be recommended at this time given the existing financial deficiencies. He noted however this budget proposes a set aside for the liability reserve, compensated absences, and cash reserve of approximately one third of the goal, which is accomplished by basically eliminating all of the otherwise unobligated reserves that should be reflected in the fund balance, and once these legal and Charter obligations are accomplished then an emergency/ contingency reserve can be established. The Manager called attention to the lack of long range funding for critical infrastructure, storm drains, water and sewer systems, streets, curbs, gutters, sidewalks, City buildings, etc., those things that must be funded to meet the true cost of operating a municipality. He pointed out the establishment of a five year capital improvement program, divided into general, special and enterprise funds, the format identifying funds to be expended in a specific fiscal year otherwise to be set aside for a future project or purchase, this program a means of addressing some of the deferred maintenance items. with regard to the enterprise funds, water and sewer, he noted that the recently completed water study identified approximately $1.5 million of capital improvement maintenance projects to maintain the water system in its current state, concluding that a $300,000 per year shortfall needs to be addressed, identifies projects that need immediate attention either this year or during the upcoming four years, therefore the water fees, the standby, etc. needs to be looked at to develop a fair and equitable funding mechanism. Noting that the water study is nearly complete, the Manager stated that the same type of study needs to be done for the sewer system to assure that the basic infrastructure needs are being met. The Manager reported that organizationally the budget includes changes in the area of recreation, reinstates. the position of Recreation Director, reassigns some duties for.the. immediate, 6-24-96 future, also establishes a management structure for the Lifeguard operation. He stated that this budget addresses certain legal mandates, incrementally at least, is a cautious budget, vulnerable to legislative decisions, and pointed out again that some of the deferred maintenance problems need.to be addressed, which this budget does. The Manager complimented the Director of Administrative Services for the budget preparation and the City Engineer for the capital improvement program. Mayor Forsythe declared the public hearing open. The city Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received relating to this item. There being no public comments the Mayor declared the public hearing closed. I RESOLUTION NUMBER 4486 - ADOPTING 1996/1997 FISCAL YEAR BUDGET Resolution Number 4486 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING FISCAL YEAR 1996/97 BUDGET, SETTING APPROPRIATION LIMITATION AND AUTHORIZING APPROPRIATIONS BY FUND." By unanimous consent, full reading of Resolution Number 4486 was waived. Brown moved, second by Fulton, to adopt Resolution Number 4486 as presented. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried CE SPORTS - SKATEBOARD/INLINE/BICYCLE EVENT - JULY. 1996 The City Manager requested that this item be continued inasmuch as negotiations have not been completed. He explained that this pertains to a request from Destination Extreme, an ESPN sports Network event for skateboard competition in the lOth Street I beach parking lot, however one of the competition days is July 20th on which the Lions Club Fishfry and the Rough Water Swim is also being held. He noted that parking is the main challenge, there will be at least three shuttles between Rockwell, the First Street lot and the beach to accommodate the Rough Water Swim participants. He offered that if agreement can be reached it should be a positive for all events, the Fishfry especially, and a criteria of allowing the event is that all City costs must be covered, plus the applicable fees for the use of city facilities, etc., a sizeable amount in that they will be in the community for about six days. The Council indicated a consensus for the City Manager to continue negotiations for this event with the presumption that all costs will be covered, the parking will be resolved, etc., and it was requested that the parking arrangements be advertised for information of the public. SITE LEASE AGREEMENT - COMMUNICATIONS EOUIPMENT - COX CALIFORNIA - 2300 BEVERLY MANOR ROAD The City Manager reported this to be a request to place cellular phone communication equipment on the freeway side of the city reservoir at 2300 Beverly Manor Road. He noted the Agreement provides for a monthly rental of the site as well as $10,000 which was proposed to be used for city entry signage however may be necessary to complete the City Hall clock tower repairs, confirmed that the lessee will be providing trees for I landscape/screening purposes as well as the paving of the access roa~way. Hastings moved, second by Campbell, to approve the Site Lease Agreement with Cox California PCS, Inc. for the period of five years with the option of five five-year extensions, and subject to language clarifying that the lessee is responsible for the paving of the entry roadway and landscaping as noted in the staff report. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I I I . - c- 6-24-96 / 7-8-96 COUNCIL REPORTS Councilmember Campbell made reference to a letter to the editor published last week with regard to trash collection which she deemed in need of clarification and facts. She read her response which explained that she, along with-the other members of the Council, voted for residents of the Hill, College Park West and College Park East to receive additional trash bins for greenwaste, not just College Park East; Leisure World has their own recycling program; the State has mandated that all cities reduce their trash by fifty percent by year 2000, separating the greenwaste from the regular trash will allow that to be met; Old Town has never refused to participate in recycling, Old Town has a high number of multi-unit dwellings with large trash bins that has made the development of a recycling program difficult, however Old Town will soon begin a recycling program; Old Town is not participating in the greenwaste program because that area has very little greenwaste; there will not be a charge for the new greenwaste container and no change in the rates; many other cities have these three large containers for trash; the greenwaste containers will be delivered the first or second week of August, and if one wants a smaller size, call before that date. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Via, legal counsel for the Babcock's, apologized to the city Attorney for misstating his name, also stated that Walts Wharf has always been a friend and wants to work with the City. ADJOURNMENT It was the order of adjourn the meeting Closed Session. By at 10:02 p.m. the Chair, with consent of the Council, to until July 8th at 6:00 p.m. to meet in unanimous consent, the meeting was adjourned fl Approved: _ ~,_ /nZ ;, . /0 - 1llayo Attest. c;l~4<d ~ , vf1 "CJ.ty Cle f Seal Beach, California July 8, 1996 The City Council of the city of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Fulton. -,-