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HomeMy WebLinkAboutCC AG PKT 2004-02-23 #F Seal Beach, California February 9, 2004 The City Council of the City of Seal Beach met in regular session at 7:06 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Antos, Doane, Larson, Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works /City Engineer Ms. Arends -King, Director of Administrative Services Mr. Vukojevic, Deputy City Engineer Mr. Cummins, Associate Planner Ms. Yeo, City Clerk APPROVAL OF AGENDA Councilman Yost requested that Item "F" be removed from the Consent Calendar for separate consideration, Councilman Antos requested that Items "F, G, and H" be removed, and Councilman Doane requested that Item "E" be removed. Yost moved, second by Antos, to approve the order of the agenda as revised. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried PRESENTATION SEAL BEACH HISTORICAL SOCIETY - PHOTO CONTEST WINNER Doane moved, second by Yost, to continue the presentation item until a representative of the Society was present. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ORAL COMMUNICATIONS Mayor Campbell declared Oral Communications open. Mr. Jerry Anderson, Sandpiper Drive, expressed his objection to the compensation package for the City Manager approved at the last meeting. He said that raises are granted as a result of a process, that process is called a budget session at which the Council decides what the revenues and expenditures are and from that a program is decided upon, for anyone to be granted a raise without that process is wrong, this is doubly wrong because there was a lame duck vote, the same situation the last time, all it takes is a three to two vote, as long as the representatives from Leisure World do not have to pay anything the Manager has Item F Page Two - Dity Council Minutes - February 9, 2004 those two votes, he has the vote of the Mayor as well. Mr. Anderson asked for an explanation of eighteen months severance pay, it is said that the City is bankrupt, there are people out of work, yet the Manager has been granted a substantial increase, as a rule if a person is fired it is generally because they have not performed properly and if that is the case why would they be rewarded with $200,000, yet the Council blames financial conditions on the State, but the State did not grant the Manager eighteen months severance pay, or the Police Department twenty -one percent over three years and three percent at fifty, the State did not do Twelfth Street, it is time to start running Seal Beach in a proper fashion and stop blaming others. Mr. Anderson inquired if his understanding that the Manager will get ten percent more than the Police Chief is correct, and offered that if the Police Department is run poorly and the employees given inappropriate raises that begets more inappropriate raises, it is the Manager that is the winner, if anything, reward with bonuses for work well done, do not allow people to benefit for work poorly done. Ms. Joyce Parque, Seal Beach, agreed with the prior comments, stated that the Council claimed that they were the people qualified to evaluate the Manager, that is an insult to the two candidates qualified to run in College Park East, the contract of the Manager was until 2006, this reminds her of the tactics of the previous administration in Sacramento who gave everything away at the end, the Mayor should not complain about having to take the time to recruit a City Manager, when elected the Council is entrusted to protect the taxpayers. Ms. Parque claimed that nothing has been done to protect the taxpayers, especially in Old Town, the money that has been going into the $7 million fund is the roads, the grass in the roads, the curbs, the dirty beach, Surfside beach gets cleaned but not the Old Town beach, the beach needs to be cleaned, that money is coming off the backs of the people in Old Town, and then the concern of some members of the Council is ocean water quality, she mentioned however that there were a couple of potholes patched in the beach lots. Ms. Parque said and now, the money from the parking meters will be taken, which the people of Old Town do not want, and where is it going, to the General Fund, Leisure World got the $1 million for their bridge, College Park East got the tennis facility and $1 million for improvements, Old Town gets nothing, it supports the other areas and now pays for a dog park. Ms. Parque suggested that the voters cast their ballots for the candidate that the Mayor does not support, and not the Mayor for City Clerk. With regard to her previously mentioned questions, Ms. Parque said the City should not be a member of the League of California Cities, employees should not be allowed to go to conferences unless they pay for it themselves, and she is talking to Kathy and Rob in that the Manager responded to them at the last meeting, agreed that the League of Cities is a lobbying group, it likely costs the City $75,000 because all Councilmembers want to go when it is in Monterey, the recent cost for the Mayor and a member of the Council to go to Sacramento was $5,000, the League likes redevelopment agencies, they supported tripling the car tax, they do not like Proposition 13. Ms. Parque claimed that it was said the Manager should be paid the same as Dana Point, however that 1 `� Page Three - City Council Minutes - February 9, 2004 city has thirty -seven thousand people, Seal Beach is twenty -five thousand, ten thousand live behind gates, thus the Manager is in charge of only fifteen - thousand people. Ms. Sue Corbin, Seal Beach, said the Mayor and Councilman Yost should not be serving on the Linc board as it is a conflict of interest, not allowed under State law. She mentioned that she did not see any member of the Council placing a resolution on the agenda relating to the trash contract so that it will come up for bid, all of the contracts should be bid, also, that the office of the City Clerk should not be used to drop gifts for the Council such as bottles of champagne, possibly the Council would report what they received as a Christmas gift this year, it seems the Council feels they are entitled to free meals and dinners and they are not claimed on their economic statements. Ms. Corbin said the three to two vote situation goes back some thirty years, that was so that Leisure World would not have all five votes, she has encouraged Leisure World to succeed from the City but they just will not go. She claimed that the closed sessions before the regular meetings are violations of the Brown Act, the Council then knows how they will vote on agenda items. Ms. Corbin claimed that if elected as City Clerk Mayor Campbell could realize upwards of $35,000 in retirement after just two years in office, also offered that although the current City Clerk did a wonderful job there is no longer need for a Clerk position, mentioned that there are candidates for City Clerk, one presently works, claimed that the Mayor has not worked in years and should retire. Mr. Frank Boychuck, Trailer Park, with regard to comments made relating to Mayor Campbell he expressed his opinion that he has never seen someone who works so hard to help people and gets nothing in return, a complete service person who helps the community, and extended his apology for those comments on behalf of the members of the Trailer Park, also, the City Manager has conducted himself in a very professional manner over the years, his belief is that the Council felt he deserved a raise in that the City is . going into difficult times in terms of managing the finances of the City given the $15 billion deficit at the State level, that the Council felt they needed someone to handle the financial problems and keep the City solvent. Mr. Boychuck made reference to issues that have come up during recent meetings relating to the assistance programs for low and moderate income people in the City, those programs administered by Civic Stone, it is Redevelopment Agency monies, however there are no such monies remaining, yet about twenty people have been helped to improve their homes, unfortunately the Agency monies ran out while there was still people on the list of applicants that had been approved, and his understanding is that there is a list of many people who would like to make application to the program for home improvements. Mr. Boychuck said however that the irony of this is that there is $1 million in the State bank waiting to be transferred to the Seal Beach Redevelopment Agency bank, all that is needed is for a few residents of the Park to say they would accept this money, the signature goal is about sixty -five to seventy percent complete, therefore he would appeal to those residents Page Four - City Council Minutes - February 9, 2004 inside and outside the Park to rethink their reason for not signing off on the $1 million that would only help people to improve their homes and lifestyle. He pointed out that in two weeks the State Housing /Community Development Department is going to deny any further extensions for the $1 million, it has previously been extended three times over the past year and a half, the eligibility to get that money will cease, and those persons who have been approved for a loan will be disappointed, this is a non - renewable fund, again, his hope is that people will reconsider, and amazingly enough there are some who have received grants or loans that now will not sign the necessary documents. Ms. Rene Lusian, Trailer Park, stated that she is one who was helped by the Redevelopment Agency low interest loan, she resides in a five hundred square foot trailer, about forty - five years old, said she has personally benefited from being able to improve her trailer, during those improvements other things were found, a leaky gas line, sewer problem, both unknown, this was a low interest loan that she will need to pay back should she move within • twenty years. Ms. Lusian thanked the City, the Council, Civic Stone for being so helpful and caring, she is sorry that there will not be as many people as had been hoped that will be able to be helped by this program in that the $1 million MPROP may be lost. Ms. Lusian once again thanked the Council. Mr. Stan Anderson, Seal Beach, mentioned that he had attended the Coastal Commission meeting last month with regard to the parking meters, the City staff did a good job of supporting some of the things that many other coastal cities already understand, and thanked the members of the Council who voted for parking meters on Main Street. He recognized that there is some resentment on the part of a few Main Street businesses yet those may also be a businesses that allow their employees to park on the Street while the beach lots are empty. The Parking Committee supported using the meter revenue for infrastructure on Main Street and other areas which in turn will free General Fund money, this would go a long way towards a viable Main Street. He feels certain that there are many persons that are appreciative of what the Council, Manager, and staff has done to improve safety on Main Street, acknowledged that there are additional tax dollars being generated by the Towne Center yet he is also aware that there are things that need to be done that should have happened twenty years ago, Main Street is a viable part of Seal Beach, it is a large community group. In talking with members of the Council it is understood that there are some people who do not understand why meters are needed on Main Street, they feel it will take business away from Main Street, he feels however that it may free up some of the businesses that over the years have not been able to be viable, also, if one wants to go to the post office it is difficult to find a parking space because there are beachgoers parking up and down Main Street during the summer because they realize that they can park on Main, go to the beach, come back and wipe the chalk mark off, and return to the beach, all for free. Mr. Anderson said it needs to be realized that the businesses on Main Street do count, the better Main Street does the better the businesses in the Seal Beach Center does as it is a. networking of businesses, again thanked those who voted for • Page Five - City Council Minutes - February 9, 2004 the meters, and expressed his hope that those who did not support them realize that tough decisions often need to be made, a Council person from Laguna Beach said that their local businesses would not be there if the beachgoers were allowed to park in the spots that promote the businesses and allow them to thrive, it is important that the Council and residents do their best job, be supportive of the community, and not try to delay something that needs to be supported. With regard to the Trailer Park, Mr. Anderson said people realize that it is a viable part of Seal Beach, a great community, many good friends, and it is hoped that whatever comes out of this comes out right, and the procedures get done. There being no further comments, Mayor Campbell declared Oral Communications closed. PRESENTATION SEAL BEACH HISTORICAL SOCIETY - PHOTO CONTEST WINNER Councilman Yost read a communication from the President of the Seal Beach Historical and Cultural Society expressing pleasure to continue the annual tradition of providing a copy of the first place winning photograph to the City of Seal Beach for all to enjoy. The 2003 winner being Bill Davenport of Los Alamitos whose picture shows two surfers in silhouette, a picture that stirs imagination and tests the power of observation, even the title 'After the Storm' provokes thought, it is believed that after the storm is over the two surfers will try their luck with the waves, however a closer look shows the footprints coming out of the ocean, evidently this intrepid duo challenged Mother Nature and surfed during the storm, wondering where the surfboards were, by studying the silhouettes one can detect an outline of boogie boards in one hand and swim fins in the other, what are the surfers saying as they trudge homeward, probably what all surfers say, tomorrow is another day. Ms. Alioto expressed appreciation to the City for displaying their contest photos. Appreciation was extended for the photograph. CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT As a point of clarification, the City Manager noted the comment that the City spent $5,000 for two members of the Council to go to the League Conference, explained that that was incorrect, there is $5,000 budgeted for all members of the Council to attend the League Conference, however due to schedules that does not necessarily happen. COUNCIL COMMENTS Councilman Larson said he would like to take issue with a statement that the City does not need a City Clerk, the City Clerk does more than attend meetings and take notes, the Clerk keeps.track of all of the City's records, notifies the Council of when documents are to be filed under the Political Reform Act, runs the elections, it is important to have a City Clerk to continue to do such things. Councilman Larson also stated that in his opinion the economic engine that drives this City is north of Westminster, and requested an analysis be prepared by the Page Six - City Council Minutes - February 9, 2004 City Manager of the various income sources, how they are being brought to the City as well as the percentage, it is his opinion that considerably more money is being spent in Old Town than any other part of the City. He stated that at some point during the budget he will recommend that the total City budget be divided into fifths so that one -fifth can be spent in each Councilmanic District, that way it can be seen where the money is going., Councilman Larson also requested a report as to how many three to two votes there have been on this City Council, in his opinion during the last year the Council has worked well together, the Council has never taken an oath that they would agree on everything, the members vote to their conscience, what they believe, and he has not felt animosity from any member of the Council on any vote he has taken either for or against a particular opinion, each has voted the way they feel they should vote, it is hoped that will continue. He clarified that he did not expect the requested reports by the next meeting however would like the economic issue report before entering into budget considerations. Councilman Yost said he would like to add to that report an estimation as to where the outflow goes, particularly police, fire, and public safety, where the dollars are being spent and resources are being used. He made reference to a comment with regard to his membership on the Seal Beach Housing Corporation, said he is trying to remove himself from that Board, his hope is that as part of the settlement and his resignation that his seat would be filled by another representative of the Trailer Park residents so that they have more control over their own destiny, he has made that offer publicly and again now, either through the settlement or when the title and ownership transfers he would remove himself from the board at that point, whichever happens first. Councilman Doane said it has been brought to his attention that the City does not issue business licenses for apartment houses, suggesting that if the City does not then that should be looked into, if the City does then it was misinformation. Mayor Campbell suggested that if someone wants to know where the money goes they should look at her newspaper article that is posted on the City website which discusses income and expenses and breaks that down into percentages. In response to a comment from a public speaker Mayor Campbell said it was a total falsehood that she had . ever referred to the City Manager as Big John, also, the City is not bankrupt because of the fiscal expertise of the Manager, he has increased the reserves from $3 million to $7 million, as to his contract the only way he receives severance compensation is if he is fired without cause, if fired with cause there is no money involved, to the allegation of the speaker that if the Council does this or that improperly, the response of the Mayor was that the City does not plan to do anything improperly, rather do it all right, the onus is now on the Council when a raise is afforded the Police Department as to how that is extended. With regard to whether she was qualified to do the City Manager appraisal or her successor whomever that may be, she said the successor has not worked with the City Manager as has the Council, explained that his date of hire was January and typically an appraisal is done each year thereafter upon the anniversary of employment, you would not want someone who has not worked Page Seven - City Council Minutes - February 9, 2004 with you doing the appraisal, it is felt that the taxpayers of this City have been protected because of the Manager's fiscal astuteness. As to where the monies derived from the Bixby Center go, they go into the General Fund, the residents of College Park East are not happy with that as they would like the monies from that Center spent in College Park East. She stated she has never gone to a League function in Monterey, to that Councilmembers Antos, Doane, and Yost confirmed that they had not been to a League function in Monterey, Councilman Larson stated that he had however it was paid by the League of Cities, it was further explained that members of the Council attend the League Conference in the fall if possible, the location of which alternates between North and South. Mayor Campbell said to serve on the Linc Board is not a conflict of interest, the reason there are members of the Council is to represent the people. She noted too that she did not receive champagne at Christmas, she received a basket of cookies, delivered to her home, it is not shown on her 700 financial disclosure form because the amount does not meet the gift financial threshold. With regard to Closed Sessions, Mayor Campbell responded that the Council does not come from Closed Session and say how they are going to vote, agenda items are not discussed in Closed Session, only items suitable for Closed Session are discussed which are items of a personnel nature, litigious nature where you do not want to jeopardize the position of the City by discussing it in open session, and issues of a real estate nature. With regard to the retirement comments, Mayor Campbell responded that an employee must be with the City for five years to be eligible for PERS, in her case even though she served on the Planning Commission and City Council for eleven years that does not count towards retirement in Seal Beach. As to employment, Mayor Campbell said she does in fact work part time at El Camino College teaching accounting and business math, generally six and fourteen units, that is bone fide employment. She mentioned a comment made over the weekend about the Police Department being down eight police officers and the question if safety has been compromised, the answer is no, that is one of the issues that will be studied in the police department analysis. Mayor Campbell mentioned that Col. John Smith of the Los Alamitos Joint Training Center will be present at the next meeting to make a presentation on the new training route guidelines that the helicopter pilots will be flying, keeping their flights completely over the Base, and explained that the City has no enforcement ability to keep them flying over the Base, they can fly virtually anywhere they want to. The Mayor noted a staff memorandum that advised that the CalHome grant application was not funded by the California Department of Housing and Community Development, that there were one hundred two applications for a funding level of $56.8 million received by the State, seventy -two applications were funded at a funding level of $39.7 million. Unless the MPROP loan is funded the Agency will have no available funding source to continue to fund applications for those persons currently approved yet not funded, or to consider additional applications. Page Eight - City Council Minutes - February 9, 2004 Councilman Yost inquired as to the beach cleaning schedule for the winter months. The Public Works Director advised that at present the beach is raked and sanitized two to three times a week, during summer months it ranges from five to seven times a week depending upon availability of the hand pickup that is done. The City Manager reminded that there has been a rainfall and if one goes toward the area of the River it can be seen what is flowing towards the Seal Beach beach. Councilman Yost also inquired as to when the refuse and cable contracts are due to be re -bid, and given the uncertainty of staff as to dates certain, Councilman Yost said that information could be placed on a future agenda. Mayor Campbell interjected that the cable contract was done about five years ago, it is a ten year contract, the problem is that if you do not renew with the present cable provider and opt to go with another company, all of the equipment and lines have to be reinstalled. Councilman Yost offered that the cable contract was done prior to his coming on Council therefore would need to have been done at least six and a half years ago. CONSENT CALENDAR - ITEMS "B" thru "H" Yost moved, second by Antos, to approve the recommended action for items on the Consent Calendar as presented, except for Items "E, F, G, and H ", removed for separate consideration. B. 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 the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. C. Approved the minutes of the January 26, 2004 regular meeting. D. Approved regular demands numbered 45056 through 45196 in the amount of $752,205.04, ADP payroll demands numbered. 8042954 through 8043031 in the amount of $168,084.30, and authorized warrants to be drawn on the Treasury for same. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "E" - RESOLUTION NUMBER 5206 - COMPLETION - SEAL BEACH BOULEVARD /WESTMINSTER AVENUE INTERSECTION WIDENING - PROJECT NUMBER 49665 Councilman Doane mentioned that he has had some people question the results of the reworking of the Westminster/ Seal Beach Boulevard intersection and the addition of extra lanes, however most people feel it is a tremendous improvement over what the intersection had been, an excellent use of Measure M funds, and he will be voting for approval. He said however the reason he pulled the item is that there are a few people who visit or reside in Leisure Page Nine - City Council Minutes - February 9, 2004 World that are not pleased because when they are approaching Leisure World from the area of the Weapons Station on Westminster they can not make a right turn at the signal which they could do prior to the changes made to the intersection, to that he asked for a response from staff, he has also explained that extensive traffic studies were done before any work began. The Director of Public Works displayed an aerial photo of the intersection, explained that there had been two westbound lanes and a dedicated right turn lane going northward onto Seal Beach Boulevard. The Deputy City Engineer noted that the City had obtained OCTA Measure M funds for this project, an intersection capacity improvement project, the overall intersection capacity has been improved by adding a dual left turn lane for southbound traffic, adding a dual left turn lane for westbound traffic, a dual left lane for eastbound traffic as well as a third additional through lane for eastbound traffic, this was part of the original project scope that was pursued through traffic studies, however there is a necessity to further improve the intersection by obtaining right -of -way at the northeast corner, adjacent to the County pump station, which is federal property of the Naval Weapons Station, as well as the southeast corner, also Naval Weapons Station property, to add dedicated right turn pockets. The Deputy Engineer stated that in the interest of having the project move forward the project was scoped for the current improvements in the interim and staff is currently in negotiation with the Navy to obtain the right -of -way property for turn pockets, to obtain federal property is a lengthy process but it is in the interest of making this overall project come about in the future. Councilman Larson said he had the same concern, one can not turn right if a forward vehicle wants to go straight, that was not the contractor's problem, he built the roadway according to the plans he was given and at that point the Navy property could not be obtained, however he does not want the right-of-way acquisition to be dropped, he does not feel there are that many people turning south from Westminster westbound onto Seal Beach Boulevard, but that is the way it has been constructed. The Deputy Engineer assured the Council that the Public Works Department will continue to pursue the right -of -way property as well as the construction of those two segments. Doane moved, second by Antos, to adopt Resolution Number 5206 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #49665, THE SEAL BEACH BOULEVARD AND WESTMINSTER AVENUE INTERSECTION WIDENING ENTERED INTO BETWEEN CITY OF SEAL BEACH AND SEQUEL CONTRACTORS, INC. By unanimous consent, full reading of Resolution Number 5206 was waived. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ITEM "F" - WEST END PUMP STATION URBAN RUN -OFF DIVERSION - PROJECT NUMBER 50050 - PLANS and SPECIFICATIONS Councilman Yost said he wanted to call attention to the fact that the City continues to work on water quality Page Ten - City Council Minutes - February 9, 2004 issues, this being another segment of that effort. Councilman Antos sought confirmation that all of the funding is available and it is Redevelopment Agency monies. The response of the Public Works Director was that that statement was correct. Yost moved, second by Antos, to approve the plans and specifications for the West End Pump Station Urban Run -Off Diversion Project Number 50050, and authorized staff to initiate the bidding process. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ITEM "G" - MARINA DRIVE REGIONAL TRAIL - PROJECT NUMBER 49991 - PLANS and SPECIFICATIONS Councilman Antos requested that the staff explain the alternative plans and specifications. The Director of Public Works explained that staff will be distributing two sets of plans and specifications, one of the plans will have a traffic circle, as was previously approved by the Council, as an alternative the second plan will have a four -way stop, at the time it is bid it will be brought to the Council for determination to do either the traffic circle or the four -way stop, originally that could not be changed until there was authorization from the federal government, so now when the bids come in the intersection can be looked at as to changing the configuration. Councilman Yost asked if changing to a four -way stop would be the only change, the proposal to make Marina Drive two lanes with the bike path etc. would remain the.same. The Director confirmed that they are identical plans except for the traffic circle or four -way stop. Antos moved, second by Yost, to approve the plans and specifications for the Marina Drive Regional Trail, Project Number 4991, and authorize staff to initiate the bidding process. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ITEM "H" - BRIDGEPORT DEVELOPMENT STANDARDS REVIEW Councilman Antos inquired if the next time this issue comes before the Council if there will be a complete staff report. The Development Services Director responded that there will be a public hearing scheduled for the next meeting to consider extension of the ordinance and at that point staff will provide an update of the status of the process. Councilman Yost stated he would abstain on this item as he resides in Bridgeport. Antos moved, second by Larson, to receive and file the staff report. AYES: Antos, Campbell, Doane, Larson NOES: None ABSTAIN: Yost Motion carried RESOLUTION NUMBER 5207 - PARKING METERS - ACQUSITION/ INSTALLATION - SERVICE AGREEMENT - COIN COLLECTION/ MAINTENANCE The Associate Planner presented the staff report, noted that the request before the Council is for a budget • amendment to provide funds to acquire and install parking meters on Main Street between Ocean Avenue and Pacific Coast Highway and along the commercial areas of Ocean Page Eleven - City Council Minutes - February 9, 2004 Avenue, Central Avenue, and Electric Avenue. He noted that this process started with the City, has gone to the Coastal Commission where it was recently approved, and is now back at the City level, the request is for funds to purchase three hundred twenty parking meters from POM, they have installed parking meters in nearly every beach city, the composite of those meters seems to hold up better in the salt air than other meters that are used further inland, the meters proposed to be purchased are the same as was shown the Council when the initial vote was taken in 2002, there are two meter heads on one pole to reduce the visual impact along Main Street. The Director of Administrative Services confirmed that the City will be purchasing three hundred twenty meters, three hundred one will be installed, the extra meter heads will be available so that when maintenance is done on a meter head it can be replaced with a working head, that is so that meters will not be out of working order. She said the total cost based upon information received from vendors of meters, change machines, extra maintenance, and installation is not to exceed $178,960, this cost includes replacing the meters that are currently in place in the lots along Main Street, there are seventy -six of those meters, they are old, becoming obsolete, and maintenance software is no longer available. The Director advised that the meters will take coins as well as a card that will be available from City Hall for a specific amount of parking time which will be activated for public convenience, the card will be rechargeable at City Hall as well. She noted that staff has also looked at how the meters are going to be maintained, the coins collected, and monitored at all times, at present the lots that have coin meters is much more work than people think, when the coins come into the Finance Department they have to be weighed, bagged, readied for deposit, sealed in a certain manner, it is cumbersome and heavy and considerable work, the Finance Department does not have the staff to do that, however AMPCO provides, such services to many municipalities throughout the United States, they will collect the coins, weigh them, ready them for deposit in the bank, monitor the meters to make certain they are operable, if not they will be repaired, all at a reasonable cost, they will start the service on a full time basis however if the time comes when it is seen that not as much time is necessary their hours will be adjusted accordingly. With regard to the projection of revenue, the Director explained that the parking fee is $1 per hour, the meters will operate from 8:00 a.m. until 6:00 p.m. seven days per week, it is anticipated that the City will receive enough revenue within four months of operation to pay for the meters, installation, and other costs that have been estimated, that money will go back to replenish the undesignated General Fund, the prediction of annual revenue is approximately $540,000 net of expenses. Mayor Campbell asked if there will be a way to determine the balance left on the meter card; in response the Director said that as is understood from the vendor the card will indicate the amount remaining. Councilman Doane inquired if it is AMPCO that maintains the meters in the beach lots, and if there are any changes proposed in the beach lots, he does not want to make Main Street parking Page Twelve - City Council Minutes - February 9, 2004 more attractive as the intent is to have the beachgoers park in the beach lots. The response of the Director was that there are no changes proposed for the beach lots, they are totally separate. Councilman Antos mentioned that parking meters were supposed to be part of an overall parking management program that was alluded to earlier in the meeting, the parking management program was submitted to the California Coastal Commission, they rejected it and asked for additional studies from the staff, the City complied with the request and at additional cost, Coastal again rejected it, now the Commission approved the installation of meters yet rejected the remainder of the parking management, they are also calling for consideration by their code enforcement the existence of the one hour parking which is basically throughout the downtown area with the exception of Eighth and Tenth streets. He said depending upon what may come from their code enforcement, if the City is forced to remove the one hour parking in the downtown area then all of the City's parking management is • out the window, the beach parking lots would not be used, why would someone pay for parking at the beach when they could park for free on the street. He mentioned that it was noted in the local paper that he had made a sarcastic comment to the Coastal Commission about that however it was not sarcastic because if the one hour parking is deemed illegal and required to be removed he will come back to the Council to request that the beach parking lots be closed, why leave them open if they are not being used. Councilman Antos said because of the things that the City does not know and the fact that the Coastal Commission has basically rejected two- thirds of the parking management program and called for consideration not only the rest of the parking management but all of the parking management in the downtown area, his belief is that this matter should be held over until such time as the Coastal Commission determines what they are going to do and takes another look at the parking management which is to expand the one hour parking on both sides of the street between Fifth and Twelfth Streets, and sets aside coming after the City for code enforcement. He said also that there is an election coming up for an open Council seat representing College Park East, at present there is no idea as to their position on parking meters, and the last thing he would like to see happen is that the City enter into a contract to purchase parking meters, a new member of the Council is elected and requests that the matter be brought back to the Council and the City new majority say no parking meters, the newly purchased meters would then be stored at an expense, therefore at the appropriate time he will make a motion to hold this matter over until after the election and until there is a definitive answer from the Coastal Commission with regard to parking management and a final decision on the code enforcement. Councilman Yost said he would be voting against this item as he has taken that position all along, at the Coastal Commission as well. Councilman Yost offered that when he was looking for a place to live he looked at every beach city up and down the coast and had he wanted to live in Laguna Beach or Huntington Beach he would have done so, Seal Beach is a different place, charming, and that which makes it charming also makes it valuable, one of those things is Main Street and the quality of Main Page Thirteen - City Council Minutes - February 9, 2004 Street having a mix between resident and visitor serving businesses, and to him when you meter that Street you change the character, also, when he walked his district and knocked on every door he believes the majority of people felt the same way, if however the City were in such dire financial straits that it could not provide essential services, police, fire, and public safety he might . change his position, he does not believe the City is in that position at this particular time, and there is the highest level of reserves that there has been during, the time he has been on Council. He again expressed his opinion that meters on Main Street does change the character of the town, he too will bring this up again once the new Council member is seated from College Park East, therefore he would recommend that this be held over, recalling too that there have been meters on Main Street in the past and they were removed, that could happen again. Councilman Yost said he loves the town, the flavor and charm of the town, if he wanted to live in a town that had meters he could have moved, there, this is a reason he decided to get involved in politics, again stating that he would be voting no. Mayor Campbell said she first got involved with this issue while on the Planning Commission some eleven years ago, the consultant, Mr. Zucker, said that there was not a parking problem rather a parking management problem, there are enough spaces but as long as it is free in one area people are not going to utilize the area that requires payment, the only way the parking issue is going to be resolved is that parking is free at the beach and on Main Street or it is parking for payment at the beach and on Main Street, that is the only way that people will park where they should, personally she would like everything to be free but reality is that nothing is free. Seal Beach is about the last beach city that does not have parking meters, revenue from parking brings considerable money to the cities up and down the coast, every part of the City has to do their share, a study some years ago showed that College Park East and Leisure World likely put more money into the City than they got out. As to the reserves, yes they are being built up however they are for emergencies, not operating expenses, about ten years ago the reserves became dangerously low and at one point it was not certain whether the City could make payroll. Mayor Campbell stated she has supported parking meters all along, did so before the Coastal Commission, she personally does not like them yet this is a financial fact of life, the City is in that situation, finances have been squeezed as much as is possible, if sources of revenue are not found the City will see a serious deterioration of the quality of services, no one wants to see that. Councilman Yost stated that he does have respect for those who have a differing opinion from that of his own. Councilman Antos moved to hold this item over until such time as the District Four election is complete and until there is a definitive answer from the California Coastal Commission relative to the entire parking management plan and what their plan is relative to code enforcement of the one hour parking in the downtown area. Councilman Yost seconded the motion. Page Fourteen - City Council Minutes - February 9, 2004 AYES: Antos, Yost NOES: Campbell, Doane, Larson Motion failed Councilman Doane moved to approve budget amendment 04 -21 for the acquisition and installation of parking meters along Main Street and on the non - residential area of Ocean Avenue, Central Avenue, and Electric Avenue up to the alley between Main Street and Eighth Street and Main Street and Tenth Street, approval of an agreement with POM for purchase of said meters, and approval of an agreement with AMPCO Parking Systems to provide full time coin collection and maintenance of the parking meters, upon review by the City Attorney, and authorize the City Manager to execute the agreement. Councilman Larson seconded the motion. The City Attorney advised that if the motion is passed he would provide certain changes to the Resolution, the Council can then take a separate action on the Resolution. AYES: Campbell, Doane, Larson NOES: Antos, Yost Motion carried The City Attorney read the title of Resolution Number 5207 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 04 -21, FOR ACQUISITION AND INSTALLATION OF PARKING METERS AND FOR COLLECTION OF COIN AND MAINTENANCE OF PARKING METERS." The City Attorney recommended that following the Resolve statement that there be a new paragraph one to read "Pursuant to Section 1010 of the City Charter and Section 2 -22 of the City Code the City Council hereby finds that parking meters may be purchased more economically on the open market and that the meters can be obtained from only one vendor for the reasons stated in the staff report and as stated by staff in its oral presentation which are hereby incorporated by this reference, for the reasons stated in the record it is in the City's best interest to award the contract to POM;" amendment number two, "That the budget is amended as follows," the budget amendment description, account, etc. following; the third amendment is a paragraph three, The City Council hereby directs the City Manager to execute agreements with POM for the purchase of the meters and•AMPCO Parking Systems for providing service as to the meters." Doane moved, second by Larson, to adopt Resolution Number 5207 as amended. AYES: Campbell, Doane, Larson NOES: Antos, Yost Motion carried ORDINANCE NUMBER 1516 - TEMPORARY MORATORIUM - HEIGHT RESTRICTION - TRAPEZOIDAL LOTS Councilman Yost stated he would remove himself from discussion of this item as he resides on a trapezoidal lot. The Associate Planner presented the staff report, noted Page Fifteen - City Council Minutes - February 9, 2004 that the item is before the Council at the direction of the Council from the last meeting, explained that the Planning Commission had considered this matter, forwarded a memorandum to the Council requested that consideration be given to placing a temporary moratorium on building permits on trapezoidal lots within the City. The Planner said the key issue is that there are some lots, primarily in the Old Town area, that front Electric Avenue and are trapezoidal in shape, and the City has a number of development standards that are tied to width, setback and height specifically, the height in Old Town has always been a contentious issue and the Planning Commission felt that the current definition of lot width was too loose as it was being applied to potential building heights in the City and asked the Council to consider placing a temporary moratorium on trapezoidal lot construction until the lot width can be better defined. He explained that with a trapezoidal lot there are different lot widths and the way the definition is currently read there are some situations where both lot widths may not meet the minimum standard yet the average of the lot widths does, from the Planning Commission standpoint they feel that both sides of the lot should be sufficiently wide to meet the requirement to be able to build a third story on the back half of the lot. The Planner noted that a super majority vote was necessary to enact the proposed Ordinance. He mentioned also that in the past four to five years the City has received only one application for construction on this type of lot, that application is currently in the process, and should the Council adopt the moratorium, historically the Council has not included projects that are within the pipeline, however the Council could do so, that direction is also sought. Councilman Larson said this is not an issue in his district therefore he will support the recommendation. He said however that he has a concern in that the Council has adopted a number of urgency ordinances of late that have stopped projects yet for valid reasons, in this instance the staff told the applicant that their project was okay, the applicant has now proceeded to the Coastal Commission, if this is adopted that project will be stopped at that point. Councilman Antos moved to approve Ordinance Number 1516, noting also that staff has said they will look at this in a timely manner. Councilman Doane seconded the motion, however inquired if this will stop the project that is already in the process. The Associate Planner responded that that is at the discretion of the Council, historically however the Council has exempted projects that are in the pipeline, staff is seeking direction on that issue. For clarification, the City Attorney suggested that first the opinion of the maker of the motion should be sought, if the desire is to exclude that particular property then the recommendation would be to amend the Ordinance to exempt that particular project from the terms of the moratorium. Councilman Antos asked if the property in question is a single family or multi - family project, and has it gone to • Coastal Commission. The response of the Planner was that it is a single family project, was approved in concept in that it meets all current standards, it is presently being Page Sixteen - City Council Minutes - February 9, 2004 processed at Coastal Commission, it has been there for about a month, also, it did not require Planning Commission approval, it was staff approved. Noting that this is a trapezoidal lot, Mayor Campbell asked the width at its widest and narrowest, possibly the square footage, the Planner could not recall other than it is substantially wider on one side versus the other. The City Attorney offered that his recollection was that the lot may be thirty -seven and a half feet in the middle, larger at the street frontage than thirty -seven and a half, and tapers to the back at less than thirty -seven and a half, the Planning Commission interpretation was that it should be thirty - seven and a half at the rear as well, and noted that under current Code the definition of lot width is based on the width at mid -point of the lot. Councilman Antos offered that it has been said in the past when these lots have been dealt with that sometimes there is a hardship provision where a project may be affected while going through the pipeline and can go before the Council or Planning Commission for an exemption, and if this matter has not gone before the Planning Commission it would seem that by including it and providing the hardship exemption provision this matter could go to the Commission for review if they have not done so. The City Attorney clarified that built into the ordinance under Section 4 is a hardship exemption whereby the applicant would need to come before the City Council to receive the exemption, there are two ways to deal with a project that is in the pipeline, either an exception, which means it is grandfathered in, or through the exemption process under which they would need to apply for the hardship exemption before the Council, the only difference would be if the Council amended the ordinance to exclude this property the owner would not need to come back to the Council to apply for an exemption, if the ordinance is not changed the owner would need to apply to the Council. Councilman Antos said his recommendation would be to leave the ordinance as written, then the owner could make application to the Council and in all probability it would be referred to the Planning Commission for review and a report in that they are the body that recommends to the Council on land use issues. The Development Services Director clarified that the project as proposed and under the current Code definitions for lot width the project does not require review by the Commission in any manner, if the project were referred the Commission would review it under the current provisions of the Code that says it is allowable. Councilman Doane offered that he does not like being contrary to the Planning Commission as they have the expertise in that area. The City Attorney read the title of Ordinance Number 1516 as presented, "AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH PROHIBITING THE ISSUANCE OF BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS FOR ANY CONSTRUCTION OF OR ADDITIONS TO DWELLING UNITS IN EXCESS OF 25 FEET IN HEIGHT UNLESS CERTAIN MINIMUM LOT DIMENSIONS EXIST AND DECLARING THE URGENCY THEREOF." AYES: Antos, Campbell, Doane, Larson NOES: None ABSTAIN: Yost Motion carried Page Seventeen - City Council Minutes - February 9, 2004 CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until February 23rd at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 8:36 p.m. THESE MINUTES ARE TENTATIVE ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: