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HomeMy WebLinkAboutCC AG PKT 2004-01-12 #F Seal Beach, California _ December 8, 2003 The City Council and Redevelopment Agency met in regular adjourned session at 6:30 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Council /Agency Members Antos, Doane, Larson, Yost Absent: None Also present: Mr. Bahorski, City Manager /Executive Director Mr.,Barrow, City Attorney Mr. Whittenberg, Director of Development Services Ms. Yeo, "City Clerk • CLOSED SESSION The City Attorney announced that the Council /Agency would meet in Closed Session to discuss the items identified on the agenda, •a conference with legal counsel relating to anticipated litigation pursuant to Government Code Section 54956.9(b), and to confer with the City's real property negotiator, Bancap Commercial Real Estate Services /City Manager relating to Rodi Properties, LLC, 1190 -98 Pacific Coast Highway. The City Attorney invited any member of the • public wishing to speak to the items to do so at this time. Ms. Joyce Parque, Seal Beach, stated her belief that one item relates to the sale of Zoeter School, the lease option specifies year 2004, there should be bids requested to do the appraisal and it should not be done until next year. Ms. Sue Corbin, Seal Beach, said she was involved in the Save Zoeter effort, the intent was that the frontage be saved to pay for the back parcels for the children for a period of seventy- five,years, stated that the land will be worth more in July, 2004, questioned what has been done about a professional appraisal, there is a duty to the citizens to get top dollar for that property, it should be fair market value, and claimed that the lessee holding the rents down to achieve a lower appraisal was not right. Ms. Corbin said this falls under federal law in some way because it is the redevelopment agency, suggesting that the Council /Agency be cautious because they will be held liable. By unanimous consent, the Council /Agency adjourned to Closed Session at 6:37 p.m. and reconvened at 7:24 p.m. with Mayor Campbell calling the meeting to order. The City Attorney reported that the Council and Agency met in Closed Session to discuss the items identified on the agenda, and no reportable action was taken. By order of the Chair, with consent of the Council /Agency, at 7:25 p.m. the Closed Session was recessed until the conclusion of the City Council meeting. Item F Page Two - City Council Minutes - December 8, 2003 The Council /Agency reconvened the regular adjourned, recessed City Council /Redevelopment Agency meeting at 10:20 p.m. to continue the Closed Session discussion. The City Council /Redevelopment Agency was reconvened at 10:39 p.m. - with Mayor Campbell calling the meeting to order. The City Attorney reported that the Council /Redevelopment Agency had met in Closed Session to continue discussion of the items identified on the agenda, gave direction to the City Manager, no other reportable action was taken. It was the order of the Chair, with consent of the 'Council/Agency to direct that the regular adjourned meeting ' be adjourned until January 12th, 2 - 004 at 5:00 p.m. to meet in Closed Session. By unanimous consent, the meeting was adjourned at 10:42 p.m. - THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: • • • • ., 1, Seal Beach, California December 8, 2003 The City Council of the City of Seal Beach met in regular session at 7:26 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 - Chief Sellers, Police Department Mr. Vukojevic, Deputy City Engineer Ms. Yeo, City Clerk APPROVAL OF AGENDA Larson moved, second by Yost, to approve the order of the agenda as presented. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ' PRESENTATIONS / PROCLAMATIONS At the request of Mayor Campbell and an indicated consensus of the Council, Assemblyman Tom Harman was invited to address the Council. Assemblyman Harman said he felt it would be appropriate to brief the Council on some things that have been going on in Sacramento in that they are half way through the two year legislative session, and recently convened in special session upon the call of the new Governor. Assemblyman Harman noted the on -going scenario • where the State promises they will do nothing wrong to the cities and local governments yet it that seems to happen every year, currently there is substantial concern on his ' part with regard to the Vehicle License Fee backfill, that there may be a significant problem in that the State promised that it would not take money away from the local - governments yet it appears that they will do just that this year. The Assemblyman mentioned that there have been some near misses and some hits on legislation that was passed this past year, before leaving office Governor Davis signed some eight hundred new bills that will become law on January 1st, one that may be of interest to the City is AB 710 which deals with the reorganization of the Orange County Transit Authority Board of Directors, for a number �f years there has been some controversy in Orange County as to how that Board should be constituted, a friendly dispute between some of the larger and smaller cities, and explained that on the last day of session AB 710 made it out of the Assembly and into the Senate where it was killed on the floor, however according to Senators Ackerman and Page Two - City Council Minutes - December 8, 2003 Dunn they hope to bring this bill back as an urgency in early January and it is felt that there are sufficient votes in the legislature for AB 710 to pass, it will be somewhat of a compromise bill to possibly provide for two representatives from each Supervisorial District, one elected on a weighted vote and one elected on a one city, one vote situation, for a total membership of fifteen. Assemblyman Harman also mentioned ACA 10 which he sponsored dealing with urban runoff, his District, the 67th, is a coastal district of which Seal Beach is a major component as well as Huntington Beach, Surfside and Sunset Beach, the San Gabriel River the northerly boundary and the Santa Ana River the southerly boundary, his primary concern is clean water and the problem of urban runoff. He noted that currently under existing State law, Proposition 218, local government can enact fees for water, sewer and trash, that can be done without a vote of the people, it is an exception to Prop 218 which requires a vote of the people, ACA 10 adds another exemption which would allow the local jurisdiction, if it chose to do so, to adopt a fee for the treatment of urban runoff, the cure for the problem of urban runoff requires some type of dedicated revenue source where at present the jurisdictions need to rely on grant and bond funds that come and go, this bill will likely be debated in the Assembly in the early spring, it is supported by the League of Cities, the County Associations and numerous other cities, and he would request the support of Seal Beach as well. With regard to the new State administration Assemblyman Harman said it is exciting to have Governor Schwarzenegger in office, it is felt he is working with both sides of the isle trying to forge a bipartisan approach to politics as usual in Sacramento and resolve what is perceived as a gridlock in the legislature, it is hoped that the legislature will work with the Governor to resolve issues. The Assemblyman said he spoke with the Governor this evening who is trying to put together a coalition of legislators to support his plan for refinancing the State debt and some type of constitutional spending limit, although his personal preference would not be a bond issue it is most likely better than raising taxes. Assemblyman Harman said a few months back he felt the VLF backfill was'guaranteed to be received by the counties, cities, and local governments, yet it is now in considerable jeopardy because of the dispute over the cuts that would have to be made in other programs to find the money to reimburse the cities, the Governor does support the backfill to the cities and local governments as reimbursement for the $4 billion car tax that was taken away, there are two bills in both houses of the legislature to allow and implement the backfill, the Republicans support the backfill, the other side of the aisle does not. Assemblyman Harman expressed his pleasure to have _ represented the residents of the 67th Assembly District for the past three years and looks forward to doing so for the next three years. BUS RAPID TRANSIT - ORANGE COUNTY TRANSIT AUTHORITY Mr. Kurt Brotcke, OCTA, stated that his intent was to provide the Council with a brief update of bus rapid transit efforts in the County. Page Three-- City Council Minutes - December 8, 2003 * What is bus rapid transit - there have been presentations in the past about transit improvements to serve West Orange County - one of the key recommendations included in the OCTA long range transportation plan is to make bus service faster - an example is that a trip from Leisure World to downtown Santa Ana would take over an hour today, OCTA is working to remedy those travel time issues with new types of service, one of those is bus rapid transit; * Some features being looked at is limited stop operations where the bus does not stop every quarter of a mile rather about every mile, a transit signal priority system whereby as a bus approaches an intersection occasionally it will get a green extended light to enable going through an intersection more quickly - what is proposed is operation in regular traffic, no exclusive lanes, this type of service would offer a minimum of twenty percent travel time improvement over a local bus, that would reduce the travel time from Leisure World to downtown Santa Ana by about fifteen minutes one way; * What is being proposed in the short term are two demonstration routes, one a north /south route that would primarily travel Harbor Boulevard, anchored at the ends by the Brea Mall and Newport Beach, and an east /west bus line that would go from downtown Santa Ana to Long Beach, therein lies the interest to Seal Beach - the original proposal was that the route would be on Westminster Avenue straight through Seal Beach Boulevard, however after hearing comments from members of the community late last year a modification was made to this proposal so that it will go north on Seal Beach Boulevard to Leisure World, out and north on the Boulevard, then travel to the Long Beach Transit Mall and connect to the Blue Line; * This proposal includes different station types, there are bus shelter designs that could be implemented, these two routes are recommended for implementation as part of the demonstration plan; * OCTA is seeking letters of interest with regard to this implementation plan, at this point it is still in the planning phase and about to enter the design phase which is proposed for the OCTA fiscal year 2005 budget, that is where the design of the shelters and the transit signal priority system will be considered and bring that to something that could go into future construction documents; * There are also some funding issues, currently the start up year for this service is contingent upon grant funding, at this point there is no definitive schedule because OCTA is seeking federal money and additional State money for this service, however the desire is to have the design ready to go so that when funding is available the service can be launched and placed on the streets. Page Four - City Council Minutes - December 8, 2003 Mr. Brotcke said he believed that there was a separate agenda item in the form of a letter of support, that is what the cities along the corridor are being asked to submit to OCTA so that when OCTA enters the budget process for 2005 there will be some direction from the cities on this particular project. In response to an inquiry of Mayor Campbell as to a contract to obtain information relating to the 405 Freeway project, Mr. Brotcke said he would be the contact. ORAL COMMUNICATIONS Mayor Campbell requested that those present wishing to speak to the dog park item do so under that public hearing, those wishing to speak to the Department of Water and Power Committee item should do so under Oral Communications as it - is not a public hearing item. Mayor Campbell declared Oral Communications to be open. Ms. Carla Watson, Catalina Avenue, said she has been involved with the DWP project for over twenty -five years,' her understanding was that this matter was to be tabled until a completed application is submitted, and why is Councilman Doane bringing this matter before the Council since the property is not in his district, the property is in District One and contiguous to District Three. Ms. Watson stated it makes no sense to consider changing zoning when there is not even a completed plan, a group of people bought this property with the knowledge that the zoning was going to be seventy percent open space and thirty percent buildable land, and to then turn to friends on the Council and expect to have the zoning changed is wrong, this property has long been the jewel of the City, a place to be enjoyed for generations to come, and expressed her opposition to considering this item. Mr. John Hagaman said he was present representing Grace Community Church, the Church has been involved in the community for many years and will celebrate its sixtieth anniversary in February, this past year a memorial service for 9/11 was held and the Church is traditionally involved in the Veterans of Foreign Wars functions. Mr. Hagaman announced the upcoming 12th annual Handel's Messiah on December 14th at McGaugh School Auditorium, the choir has grown from thirty to over seventy, a complete orchestra, soloists, and himself who has the privilege of directing the entire event, the Grace Community Church and United Methodist Church jointly sponsor the Messiah event, and the event has been opened up to include persons from the community as well. Mr. Hagaman invited the Council and the community to attend. Dr. Denise Senett, 1st Street, said she wished to reiterate what has been stated about the DWP property, would strongly urge that the tabling of this matter not be reversed, a few men bought the property and knew full well that zoning does not become a mandate to reconsider the zoning, the majority of people do not want that open space taken away. Dr. • Senett said she would appreciate it if the Council could objectify this and tell the residents what they need to do to put this issue to rest otherwise the property owners will pick at the City forever, keep having meetings that no one wants, it is wonderful to have the open space, when one travels down Ocean Avenue the ocean can not be seen until one reaches the open space by the pier, by taking away that Page Five - City Council Minutes - December 8, 2003 vision from the 1st Street entry to Seal Beach by allowing houses to be built then something wonderful is lost. Mr. Walter Uppenbauer, Galleon Way, said he can remember when there was only one stop light in the town, since then it has gradually increased in size, the zoning on 1st Street has clearly been what the City has wanted for many years, just because someone buys the land does not mean that the zoning should be changed, let them live with it, and recalled that the last time this matter was considered it was said that nothing would be forthcoming until after the first of the year. Ms. Geri West, Electric Avenue, noted her resentment of having to attend this meeting; she was present on September 22nd as well. Ms. West recalled that some twenty years ago many meetings were held by the citizens of Seal Beach with regard to what to do with the Department of Water and Power property, there were volumes of public input over many hours of public hearings before the DWP Plan Advisory Committee, Planning Commission, and City Council, the public hearings cost the taxpaying citizens many thousands of dollars, and hundreds of hours of citizens time attending meetings in these Chambers on that piece of property, after all of that the decision was made that the property would be zoned seventy percent open space and thirty percent could be developed. Ms. West offered that now the community is confronted with a situation where the citizens are told that the local group have asked that the zoning be changed so they can build single family homes on the entire property, why is the City even considering this, this proposal comes from long time members of the community who have never done anything for the community except to exploit it for their own profit, to that Ms. West offered to provide examples. She charged that when the investors bought this property they knew very well what the zoning was, if they did not then they have more problems than they can be helped to resolve, and in this tight money situation they have nerve to ask the City to waste its time and taxpayers money to help them line their pockets with more than was anticipated when they bought the property. Ms. Helen Brown, 8th Street, said she was a member of the DWP workshops twenty -five years ago along with a number of other citizens who spent approximately four months studying this property, the process started with a group that wanted all homes, another wanted all park, they eventually came up with about fifteen alternatives, it was known that it could not be all park as some monetary support was needed. The plan approved was felt to be viable and she could see no reason why the plan should be changed now just because the property has changed hands. Mr. Jim Sokolof, Seal Beach, claimed that there was an odor in Council Chambers, the fact that the Chamber doors are not flush with the building is a contributor, it is clear that the custodial people have tried to clean with chemicals but that has not worked, all that is needed is an ozone machine to clear the odor. Mr. Sokolof stated that his alley is being torn up to compact the asphalt patches put in by the Gas Company which the City says must be repaired, he said during the time that the,alley was being demolished one of the bulldozers hit the waterpipe on his side of the meter, broke the pipe, the Gas Company did a quick fix which amounted to a piece Page Six - City Council Minutes - December 8, 2003 of polyvinyl pipe patched in instead of his galvanized steel pipe, also, there are two ways of grounding the electrical service system, one is a grounding rod that goes down into the ground, the other is a grounding grid, his electrical system is the grid variety which was interrupted by the break in the pipe and replacement with the polyvinyl pipe, the contractor knew what he did and tried to hide it, yet through the intervention of the Police Department and the cooperation of the Building Department the conspiracy was stopped, it is believed that it can be confirmed that a conspiracy is a felony, the subcontractor for the Gas Company has been in town for a while and the question could be posed as to how many times they have done this, he would suggest that the Building Department pay attention to this company, that before any concrete is poured the aprons on both sides of alleys be inspected as this will happen again. Mr. Sokolof also mentioned that a week before construction started there were signs in the alley stating no parking/ tow away and to move trash cans to the street effective December 1st. Upon being advised of the speaking time Mr. Sokolof said he would discuss a third item at - another time. Mr. Dave Bartlett, representing Bay City Partners, the new owners of the former Department of Water and Power property, said as has been stated before they believe that the DWP Committee is simply a mechanism and venue for a public forum and a process as prescribed by an existing City resolution that requires the DWP Committee to be consulted on all matters affecting development of this site, the Partners are not running away, they are embarrassing that requirement, they would like to see the Committee formed for public input, for any change of the plan to address concerns, they are asking that the Committee be activated. Mr. Bartlett stated that the Committee needs to be educated on this site as well, the facts are that this property was originally residentially zoned in the 1960's and 1970's, it -then went to a more commercial land use as it is currently zoned, from a three hundred room hotel to a one hundred fifty room hotel, it is now proposed by this application as a very low density residential project, those things need to be explained and understood in the context of the current proposal, also, the issue of open space is very passionate as is public access, those issues too need to be discussed, with due respect to the plan that was developed twenty -five years ago, that was twenty -five years ago, the property was owned by a governmental entity, it is now private enterprise, there were some good components of the twenty -five year old plan yet that plan was also changed in 1983, change does occur, and hopefully change can make this a better project for the City. Mr. Bartlett mentioned that the application before the City includes feasibility reports, fiscal reports showing the impact on the fiscal condition of the City, title reports, site plans, topographic maps, descriptions of open space, public access, documentation of numerous types of land use, this type of documentation did not exist in 1983 or 1996 yet the Committee was formed, consulted, there was a public process and public hearings. He said the Partners think that the only difference is that previously a governmental entity owned the property, now Page Seven - City Council Minutes - December 8, 2003 private enterprise owns the property, the process should not change, it should be the same, it is felt that this application should be treated equally. Mr. Bartlett mentioned that there will be another community meeting, similar to the town hall meeting held by Councilmembers Yost and Antos, in January, the Partners are working up the logistics of the site, it is felt that it can be held at the Mary Wilson Library or the Marina Community Center, the specific location to be announced, the public is invited, comments are welcomed, however it is felt that the Committee should be activated so that they can begin to understand the facts and the history so they will be prepared when the project moves towards the public hearing process. Mr. Roger West, Electric Avenue, stated that several misstatements have been heard, there is no application before the City to do anything, the property owners are desirous of lengthy discussions before submitting an application so that they know it will be accepted, it was also stated that now that the site is privately owned rather than publicly owned it should be different, yet it just so happens that the Partners want to gain $30 to $50 million dollars and claim that the project is benefiting the neighborhood, they want the City and community to spend thousands of dollars helping them do this, it is laughable. Mr. John O'Neil mentioned that when he bought his home in Bridgeport in 1986 he had wanted to remodel, the draftsman suggested a second story, when he called the City it was explained why a second story in Bridgeport was not allowed, it is the way the homes were designed. Mr. O'Neil said that situation and the DWP have one thing the same and one different, they are trying to do something that they should not be allowed to do, what is ' different is that there is considerable money involved, if they can rezone for residential they have the money to spend on public relations, that is not the way the system should work, the purchasers of the property bought the site with the zoning existing, they should not be allowed to change the zoning or the open space. Mr. Ed Simmons, Seal Beach, said he wished to pose some questions relating to the DWP property, there are financial questions. Given the importance of this issue, Mr. Simmons suggested that, as is customary in other cities to which he travels and works, the council person representing the area in which the property is located should know everything there is to know about the property, facts and not innuendos. He recommended that the Council ask staff what the cost would be for the seventy percent park, positive or negative, the vote was taken for the seventy percent park and thirty percent commercial when it was thought that there would be a motel, possibly one hundred fifty or less homes, it was voted on and then changed, whether the response of staff is positive or negative monetarily to not have the seventy percent open space could the vote then be changed, he would guarantee that it can be changed, this is a very important monetary issue for the City, the only thing he wants is that something gets built there, the same unsightly fence has existed since the power plant was there. Mr. Simmons noted that the beach trash can area is to the front of the DWP property, where will they go, if the restaurant that took over the property at the beginning of the 1st Street parking lot did not exist the area would be looking like a Page Eight - City Council Minutes - December 8, 2003 dump, the restaurant lessee does a nice job taking care of the area. Mr. Simmons offered there are many issues with regard to the DWP, everyone is right in what they want, however asked that for once could this be looked at from a monetary standpoint and that important questions be considered in the upcoming months when issues come forward. Mr. Simmons stated that the only reason this City is so desirable is because of the Boeing property and the Navy property, should they leave the community there would be thousands of people moving into the City within five years, this City is fortunate to be surrounded by this vacant land. Mr. Joel Davidson, 1st Street, mentioned that on September 22nd the Council voted to table the DWP issue until a completed application was submitted to the City, his understanding is that that has not been done, it is inappropriate for this to be brought back to Council without the application having been submitted, it is basically private interests that are pushing this issue forward without any concern that the Council already voted on this and determined that this would not be discussed until after the application was complete, that would seem to be a direct impact on the Council making the decisions that are necessary. Mr. Davidson said it is obvious that there are people who have very strong opinions about this property, a petition is being gathered which has about one hundred fifty signors thus far, the position basically states that the people in the community want to keep the property zoned as it is now. For this matter to appear on the agenda does not seem to be fair. Mr. Brian Kyle, Seal Beach, one of the property owners, stated that their desire ' is to get into a public hearing situation, and with regard to the application it has been completed, the application was initially submitted in August to get the process started, the application has been resubmitted since the last meeting and is felt to be complete. Mr. Kyle said this property goes back a long way, he has been here since the power plant came down, it has been zoned residential, a three hundred room hotel, a multitude of uses, yet with every plan over the past forty years there has been nothing built, the reason is that they were never feasible, the plans could not be built. Mr. Kyle offered that they are attempting to bring the Committee together for one reason, to sit down with the community and find out what can make this property work, move the project forward, bring financing into the City, they are merely asking for public hearings. With regard to the mention of a petition, Mr. Kyle said they too have a petition of a like number of signors saying they want something done on the property, they do not want a hotel in that the site is surrounded by residential, the proposal has designated open spaces, bike trails, trails down the River, a park in the middle, people are concerned about transients moving into a park in an open area, where there are open park areas like Eisenhower Park a Police substation had to be built, there was gang activity, problems in the area. Mr. Kyle said they are merely asking for due process to meet with the community with an unbiased Committee. Ms. Mitzi Morton, Seal Beach, said her understanding is that the application has not been reviewed to determine if it is complete or not, therefore Page Nine - City Council Minutes - December 8, 2003 no action should be taken until City staff has an opportunity to do that review, also, if the owners wanted to know what would work and wanted to work with the community on this property they could have held workshops before they presented their thirty -nine home plan, which is still part of their application, they made up their minds as to what they wanted to do and are trying to persuade the City to amend the Specific Plan for residential. Ms. Joyce Parque, Seal Beach, asked how many times the Hellman property was rezoned, there is a double lot in the area of the Pacific Inn that citizens did not want rezoned for a bed and breakfast, the Bixby property was a fight for years and went to a vote of the people, there needs to be caution as the DWP site is in the redevelopment area, the Council sits as the Agency and can deem that property to be blighted and take the property then be required to build low to moderate income housing because they take taxpayer money and have not built enough low /moderate income housing. She said she asked that minutes be taken of Closed Sessions and that the Agency meetings be televised, that has not been done, the Agency can vote in debt and the citizens do not know they have done it, the debt at this time is about $40 million. Ms. Parque claimed there was a secret meeting with regard to selling Zoeter Place, where is that money going to go, who knows what the appraisal of that property will be, it should be sold at market value. She mentioned that there is an election coming up, new people will be running, if one likes the status quo that is fine but if one wants change they should ask questions, there are perks that the Council has given out, she would like a ban on travel to conferences and training sessions, there was about $5,000 spent on travel to conferences like the League of Cities, the League wants to take away Proposition 13, she also made a request as to how many department heads received performance pay for 2002 -2003 budget year, who were they and how much money they received, employees are going to conferences, trips, bonus pay, school, etc. on taxpayer money, performance pay is one to seven percent payable over a three month period, also, Ruby's was given away, Ruby's should have been required to pay for curbs. Ms. Sue Corbin, Seal Beach, said the Brown Act requires that there be minutes of Closed Sessions. She also asked that Mayor Campbell not run for the position of City Clerk. Ms. Corbin noted that prior members of the Council signed away Zoeter, during the earlier Closed Session the Council discussed giving away the frontage of Zoeter, not at fair market value but based upon the appraisal of the lessee, she claimed that the front part of Zoeter was to pay for the back portion of Zoeter, no one should have contracted away the Zoeter front portion, there should be an outside professional appraisal at a cost of about $10,000 and it should be sold at fair market value if the intent is to sell, it should not be sold tonight, the option is for July, 2004. As to the DWP property her feeling is that the Coastal Commission will decide what goes there, Crazy 8 offered to build the seventy /thirty zoning, that was not acceptable, no matter what is proposed for the seventy / thirty will not be acceptable, these residents do not want a hotel, do not want residential, the Constitution is all about the commerce laws, it is more powerful than even the Bill of Rights, there were comments Page Ten - City Council Minutes - December 8, 2003 about the owners wanting to make money but is that not the American way, Councilman Yost should have gotten the $3 million from the San Gabriel River Conservancy when the property was for sale for $3 to $4 million, the time to complain is over, someone bought the property and they are engaging in commerce and somehow they will make money, the Council should have had the foresight to purchase the DWP. Mr. Jim Mosler, USA Today, said he wished to speak to the proposed newsrack provisions, there is a single color code requirement, people know the USA Today blue and white racks, that is their branding, they would like to keep that throughout the City, it is understood that the desire is to have racks that are somewhat different in the downtown business district on Main Street, yet it would be appreciated if consideration could be given to allowing them to have their own racks and colors outside the Main Street area. Another issue is that if there was a desire in the future to establish another newsrack location on public property that would require a precise diagram, to that he said that the diagrams produced by the City are very good however they are in the newspaper business, not architects, so possibly a digital picture with measurements would be more appropriate. Also, for newsracks placed along the curb there is an eighteen to twenty -four inch requirement, where there is head -in parking that is most likely a viable distance because cars hang over the edge, in many areas there is a no stopping' zone or a red curb and in those areas there is no need for that distance, if in those instances the distance could be six inches it may allow a newsrack placement if the sidewalk is not quite wide enough because the ordinance also provides for a four foot sidewalk clearance. Mr. Mosler asked that those issues be given some reconsideration. Mr. Paul Carrigan, Los Angeles Times, said he wished to reiterate the comments of Mr. Mosler, that they have been talking as a group and share his concerns, he mentioned that with what was initially proposed and where the provisions are now, the effort has come a long way, appreciation to the City" Manager and staff for working with them, for addressing the newspaper concerns, making certain that they do not lose their First Amendment rights while giving the City some aesthetically pleasing newsracks. Mr. Carrigan said they are behind the proposal as it stands with the exception of the comments of Mr. Mosler, and reiterated that they would prefer that there not be a uniform newsrack color outside the downtown area as the newspapers would like to maintain their own identity with their racks, and because they are in over a hundred cities throughout the southland they do not want to have a mandatory color throughout the city which in time could result in every city wanting a specific color, they are happy to accommodate the needs in the Specific Plan zone but would like to maintain their identity outside that zone. It was the order of the Chair, with consent of the Council, to declare a recess at 8:33 p.m. The Council reconvened at 8:48 p.m. with Mayor Campbell calling the meeting to order. Mr. Tim Latimer, Orange County Register, expressed appreciation to the City Manager, City Attorney, and Page Eleven - City Council Minutes - December 8, 2003 Development Services Director for working with the newspapers with regard to the proposed newsrack ordinance, noting that some cities have adopted ordinances that have hurt their cause. Mr. Latimer stated again that they appreciate the opportunity to work with the City. Mr. Rocky Genter, Seal Beach, mentioned that he is somewhat new to the political process, surprised that politics in Seal Beach seems to be practiced with innuendoes and mistruths, disappointed that that is the approach, that is not the way that he or his partners do business, they are looking to follow the ordinances, Councilman Yost asked for the application to be complete before this item was considered, it is believed that that is the case and the Development Services Director will let them know next week once he has had time to review the application, the Partners have answered each and every issue raised since the original application of August 20th, they are looking to follow due process and it is hoped that will mean more than the applause and innuendos that have occurred at this meeting. There being no.further comments, Mayor Campbell declared Oral Communications closed. CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. COUNCIL COMMENTS Councilman Larson inquired of the City Attorney if the City has agreed at any point to sell the Zoeter property. The response of the City Attorney was no. Councilman Larson also asked if, in the opinion of the City Attorney, the Council discussions are in compliance with the Ralph M. Brown Act. The City Attorney responded that they are, and for the benefit of the public, stated that neither the City • or the Redevelopment Agency can sell Zoeter without first having a public meeting at which the actual agreement would be placed on the agenda, the City would receive input at a Council or Agency meeting before any decision is reached. • Councilman Yost noted that a member of the public had asked how something could be put to rest, to that he said he was not certain that could be done, laws are living things, they change, can be changed by votes of Council, what it really takes is an involved and informed public who watch the agendas, are aware of what is happening in their community, and want the community to reflect their desires, that is the only way that one can maintain the way Seal Beach is. Councilman Antos reported having received a call about filming on the beach, the filming permit allowed night filming with bright lights, etc. until 2:00 a.m., it would seem to him that if the City is going to issue permits for filming it should not involve bright lights, a moon, etc. until 2:00 a.m. especially if they shine into the windows of residents. Councilman Yost asked if the application for the DWP plan is complete, the response of the City Manager was that the second submittal was made on December 8th, it has not been deemed complete at this time. Councilman Doane said he would like to offer an explanation of the item that he placed on this agenda as there seems to be a misconception, he and other members of the Council Page Twelve - City Coulcil Minutes - December 8, 2003 were not present at the information meeting hosted by Councilmembers Yost and Antos however he did watch the cablecast, Councilman Antos did an excellent job of explaining the process that the owners of the property must go through, the first step in that presentation was the DWP Committee which needs to be reorganized in that the situation under which it was organized has changed considerably, the only thing on the agenda is to look at that Committee, there is nothing on the agenda to discuss rezoning or the application, the reason the reorganization is on the agenda is so that when the application is complete to the satisfaction of the City the Committee will be in place so that the proposal can then go forward with the first phase of the process, this would be an appropriate time to revise the Committee. Councilman Doane clarified that his intent was to merely get things in place so that the application can be handled properly without having disputes going back and forth. Councilman Larson said in furtherance of the explanation by Councilman Doane, acknowledged that he had previously seconded the motion to table, it was only the reorganization that was tabled, the Committee still exists, they could meet tomorrow if desired, the staff report explains that there are two members that need not be on the Committee in that the nominating organizations no longer exist. He noted that there is always an assumption by the people in Seal Beach that because the Council hears applications that they are required by law to hear, that they have already made up their mind, that is not the case. Mayor Campbell explained that Redevelopment Agency meetings are open meetings, held the fourth Monday of each month, they begin at 6:45 p.m., they are not televised, that is basically a cable issue, the public is welcome. With regard to why the City did not buy the DWP property, the reason is that the City did not have the money to buy it, at the time the City was struggling to build some reserves, the difference between the Trailer Park and the DWP is that the Park residents are paying off the bond debt with their rents, there is no City money going to pay the bond debt. Mayor Campbell mentioned that the Council takes a lot of verbal abuse week after week, some ask how the members of the Council stand it, there are some who just like to take their five minutes and see how unkind, vicious, uninformed they can be, and try to scare people. The Mayor also mentioned that she is, and has been,.in good health. APPOINTMENT - ORANGE COUNTY TRANSPORTATION AUTHORITY - 1-405 MAJOR INVESTMENT STUDY WORKING GROUP The City Manager stated that the request is to appoint two members of the Council to serve on the OCTA 405 Working Group Committee, the OCTA is in preparation of a long term plan as to what the I -405 is going to look like in the future, they are looking at a lot of options, that includes putting in extra lanes on the I -405, it is vitally important that two members of the Council be appointed to the Committee, there will not be a great number of meetings, the first of which will be in January. Councilman Doane recommended that Councilman Larson be appointed inasmuch as his District is at an angle adjacent to where the 22 joins the 405 Freeway, and asked if the three hundred foot distance requirement keep him from Page Thirteen - City Council Minutes - December 8, 2003 serving on this committee. The City Attorney stated that that issue could be researched, he would believe that he could serve on the working group however would prefer to look at the facts before issuing an opinion. Mayor Campbell offered to serve as well because the I -405 project goes along the southern perimeter of College Park East where in recent years effort was made to save the adjacent six homes, also Mr. Lehey of OCTA has already been approached because the widening of the 22 is proposed to go to the 605, which'goes along the 405, and it was requested that OCTA begin now to seek a waiver for some Navy property which is agricultural use, that she has requested quarterly updates with regard to that, this is something that is going to go on after she leaves the Council. Councilman Doane noted that Mayor Campbell's Council term may be up before these meetings commence, however noted that her work has been appreciated. Councilman Larson agreed to serve, and Mayor Campbell noted that her term does not expire until May. Councilman Doane moved to appoint Councilman Larson and Mayor Campbell to the OCTA 1 -405 Major Investment Study Working Group. Councilman Antos seconded the motion. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried The City Attorney offered to speak with Councilmember Larson and obtain more information relating to this committee, however based upon the staff report it appears that the group would not be making decisions that could have an impact on the value of his residence, if it turns out that there would be a conflict the Council could appoint another member. DEPARTMENT OF WATER AND POWER ADVISORY COMMITTEE - RESTRUCTURING Councilman Doane moved that this item be removed from the table. Councilman Larson seconded the motion. AYES: Doane, Larson NOES: Antos, Campbell, Yost Motion failed Councilman Yost requested that the Council be provided as much lead time as possible when an item relating to the Department of Water and Power property is proposed for the agenda, he was not aware of this item until Friday of last week. The City Manager explained that the agenda deadline for staff reports is basically Tuesday, nothing is foreseen for upcoming agendas at the staff level, agendas are out on Friday, Councilmembers of course have the prerogative to put items on the agenda, to the question as to whether staff understands the Brown Act, it is believed they do, therefore to talk to each member of the Council would be considered a serial meeting. Councilman Yost said possibly the members of the Council could make it be known to the other members when something is to be placed on the agenda. Councilmember Antos asked if the Council could be notified by memo or other means once the DWP application is deemed to be complete, his belief is that the reason for tabling the Committee issue by Councilman Yost was because there Page Fourteen - City Council Minutes - December 8, 2003 was no complete application, and once complete the item could be brought back for discussion. The Manager mentioned that he believed that the Council was notified when the initial application was deemed to be incomplete, when there is a determination that more information is needed or the application is complete the Council will also be notified. Councilman Yost suggested e-mail. Mayor Campbell clarified that when the initial vote was taken she had voted to not table it because it was not known when this would be brought forward that would result in the expenditure of staff time which translates to dollars, her feeling was to cut that process short and go straight to the Committee, now that it has been resubmitted that block of staff time is no longer an issue. CONSENT CALENDAR - ITEMS "D" thru "P" Yost moved, second by Larson, to approve the recommended action for items on the Consent Calendar as presented. D. 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. E. Approved the minutes of the regular meeting of November 10th, 2003. F. Accepted the resignation of Linda Devine, the District One Department of Water and Power Advisory Committee representative, and declared the position vacant. G. Approved regular demands numbered 44260 through 44516 in the amount of $2,074,329.26, ADP payroll checks numbered 6755041 through 6755128 and 6999788 through 6999876 in the amount of $376,628.21, and authorized warrants to be drawn on the Treasury for same. H. Received and filed the Monthly Investment Report for October, 2003. I. Adopted Resolution Number 5188 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND PINNACLE PETROLEUM," (extension of term). By unanimous consent, full reading of Resolution Number 5188 was waived. J. Adopted Resolution Number 5189 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE GRADING AND STORMWATER POLLUTION PREVENTION MANUAL, 2003 EDITION." By unanimous consent, full reading of Resolution Number 5189 was waived. K. Adopted Resolution Number 5190 entitled "A Page Fifteen - City Council Minutes - December 8, 2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING DESIGN CRITERIA FOR SEWER FACILITIES, 2003 EDITION." By unanimous consent, full reading of Resolution Number 5190 was waived. L. Approved the plans and specifications for Annual Paving Rehabilitation FY 2003/2004, Project Number 50172 (previous Project Number 49673), and authorized staff to initiate the bidding process. M. Authorized the support letter to the Orange County Transportation Agency for the Bus Rapid Transit Program, and received and filed the staff report. N. Received and filed the Annual Report for the City of Seal Beach Community Facilities Project No. 2002 -01, Herron Pointe. •O. Adopted Resolution Number 5191 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH TO CONSIDER ALTERATION TO THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2002 -01 (HERON POINTE)." By unanimous consent, full reading of Resolution Number 5191 was waived. P. Adopted Resolution Number 5192 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA STATING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 5192 was waived. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried PUBLIC HEARING / RESOLUTION NUMBER 5182 - ARBOR PARK - TRIAL DESIGNATED CANINE USE Mayor Campbell declared the public hearing open to consider a trial canine use of a designated area of Arbor Park. The City Clerk certified that notice of the public hearing was advertised as well as posted at Arbor Park, and that no communications had been received. The Director of Public Works presented the staff report, explained that this process began in August at which time the Council approved an agreement with the American Youth Soccer Organization for use of the soccer field at Arbor Park, and offered to briefly discuss the design of the area, maintenance of the area, dog park rules, the cost /charge, overall project cost, enforcement, AYSO soccer entrance, and the overall project schedule. The Director noted that the design for this project was done in a way to keep the cost as low as possible, field engineering, there is not sufficient money to do formal plans and specifications, in response to Page Sixteen - City Council Minutes - December 8, 2003 comments at a prior meeting there will be double gates, adequate distance from any water fountain to a dog fountain placed in the Park, the boundaries were established by himself with the assistance of the Public Works Supervisor which are basically along the concrete swale in that that was a logical location yet not too far west which would mean jogging around the existing water fountain, the cost to maintain the Park is $12,000 per year or $1,000 per acre, this is a two acre parcel, sample dog park rules from other jurisdictions were included with the staff report, it has been determined that the rules previously suggested will stand however suggestions or modifications will be considered and brought to Council at the time of consideration of the permanent installation of a dog park. He noted that a question had been posed as to how to recoup the money, there could be a $2 charge added to the license fee and issue something similar to a fishing license or a special card for the dog, or a license to wear around their neck to identify who is authorized to be in the park, any consideration of fees would be left until such time as the dog park would be made permanent, the cost at this point would be $3,500 for a temporary fence to enclose the area or $7,000 to $10,000 for a permanent installation, as noted the cost to do formal plans and specifications in another community is costing $60,000, again the attempt has been to keep the cost of this project as low cost as possible. As to enforcement, there would be no dogs allowed on the playing field at any time, they would need to be leashed in the parking lot, they could only be off -leash within the dog park, on occasion AYSO closes the parking lot therefore there would need to be access into the soccer field, and should the Council determine to approve the budget amendment to build the temporary dog park, a fence would be • installed in three to four weeks, a trial period would be four to six months, at the end of the trial period this matter would be brought to the Recreation and Parks Commission for their recommendation to Council, at that time the Council could determine whether or not to go forward with a permanent dog park as well as consider allocation of fees to pay for the maintenance of the dog park. Councilman Larson made reference to a regulation that prohibits toys, his dogs played Frisbee, does the regulation mean no Frisbees or something else. The Public Works Director responded that he did not have that information, the Animal Services division of the Police Department provided the rules, staff is open to any modifications that Council may have. The City Manager said his belief is that the provision was specific, he was uncertain why, possibly what was meant was children's toys. There was a continued question as to the definition of toys, a Frisbee, a ball, or whatever. Mayor Campbell mentioned that the hours of operation will be dawn to dusk and the military will close the fence, that was confirmed to be correct, a question too as to how often it is anticipated that the park will be closed for maintenance and the scheduled hours of maintenance, the response was that staff will try to find a time when the park is least used and the contractor will then be scheduled • appropriately, if it is determined to not be a heavy use Page Seventeen - City Council Minutes - December 8, 2003 period it would likely not require designation of a specific day or time, the maintenance will also be guided by the amount of use as to whether it would require reseeding, the soccer fields are currently scheduled in accordance with upcoming soccer games. Mayor Campbell explained that the City leased this land from the Air Station around 1985 for a twenty -five year period, the lease had just a few years remaining, the AYSO group notified the City that they wanted to make some improvements to the field yet did not want to do so with such a short lease, the City then decided to seek a new twenty -five year lease, during that effort it was found that the City had no authority to enforce any of its ordinances, that provision was then added into the lease. Mayor Campbell mentioned that a couple of years ago the City acted to allow dogs in Gum Grove Park on- leash, Gum Grove is a passive recreation area, Arbor Park is an active recreation area, more recently the Spoiled Dog Society wanted the use of Zoeter Field in early mornings, that was denied in that there are children that use that field, there were public health and safety issues. While owners love their dogs unfortunately there are people who do not love dogs as do the owners therefore one must pay attention to the public health and safety issues, the problem at Arbor Park was that dogs were running around unleashed, some residents voiced complaints, there is an ordinance prohibiting unleashed dogs therefore when someone complains there needs to be enforcement, in addition there were complaints from AYSO of dog droppings throughout Arbor Park before their games, this is a large facility, some feel it is under - utilized, there are different groups that want to use the Park, so it seems logical to split up use of the area, the eastern two acres will be fenced and used for a dog park, by doing that the dogs can not run the soccer • field, however there are a few people who will still want to let their dogs run the soccer field and it will be up to the dog owners to let the City know who they are and when they frequent the Park so that Animal Services can deal with such violation. Mayor Campbell said by doing this it is hoped it will solve the problems of the soccer people and the dog owners will have a designated area to let their animals run. She claimed that a recent news article reported that thirty -one percent of Seal Beach residents are under Proposition 13, that is more than any other city in Orange County, if the Old Town area, which is somewhat transient, and Leisure World are factored out, that would likely put the Hill, College Park East and College Park West at upwards of thirty -five percent, the people stay, their children are grown and move, the family adopts a dog(s) who become their furry family, an integral part of society. The most prominent complaints from CPE are that people want to park in front of their house nor do they want dogs using their lawn, the dog park may help to take away the lawn problem. The challenge is to meet the needs of the two groups by giving each their own area, fencing off the east end of the Park, the kids can use the soccer field, the dogs can use the dog park. With regard to rules, there are to be no dogs on the soccer field, dogs must be on -leash until they are in the fenced dog park area, and on Saturday morning when games are taking place the soccer people do not allow cars in Arbor Park, this has Page Eighteen - City Council Minutes - December 8, 2003 been sanctioned by the Police Department, it is a matter of safety for the children, therefore the dog owners too will need to use West Ed for parking, keeping their animals on- leash until they enter the dog park, and the owners must pickup after their pets, it is hoped that this will make a number of people happy. Mayor Campbell invited members of the audience wishing to speak to this item to come to the microphone and identify themselves. With reference to a previous comment of Council, Mr. Jeff Davis, Fourth Street, said ironically it is a ball that started this Park, about twenty -eight years ago a child in his neighborhood hit a baseball through the window of his new car, about a month later it happened again, he talked to the father who in turn pointed out that there was no place on the east end of CPE where a baseball could be hit, subsequently the then Councilperson was told that a park was needed, a group was formed called Friends of Seal Beach College Park East Community Park Foundation, there were a great many neighbors giving time, money, and support, of which he read a list of some of the participants and supporters, said this is truly a community park, this is just one more thing that will continue to grow with its use. Mr. Davis asked for the support of the Council, and said the people will do a great job. Mr. Kevin Painter, Long Beach, commended the City for considering a dog park, dogs need unrestricted play, it is also good that it will be on grass rather than gravel. Mr. Painter suggested however one additional provision of the rules to place a limit on the number of dogs that are brought to the park, especially when they are brought by dog walkers, there are just so many that can be watched at one time, that will also cut down on the dog droppings that may not be observed. Councilman Larson responded that the most one person can bring is three dogs. A gentleman from the audience expressed appreciation to the City Manager and staff for the work that they have done on the dog park thus far. He provided copies of a news article that appeared in an Orange County newspaper this date, some excerpts therefrom included 'that the park would be beneficial to the many seniors that live in Seal Beach where the median age is about fifty -four and the percent of residents over sixty -five is about thirty -eight percent,' Purdue University researcher says 'dog parks are conducive to social interaction because of the acceptance of nodding, saying hello, and asking questions, the social interaction is especially crucial for older people who may not feel comfortable going around a neighborhood behind a leash and may not have incentives for going to a park along,' and that 'making cities more dog friendly makes very good sense,' also, the USC Director of the Center for Sustainable Cities states that there were hardly any Southern California dog parks before the 1990's, now new communities routinely incorporate dog parks into their designs and older cities are converting existing park space to dog parks, the former regional director of the AYSO stated that the group supports the City's dog park plan, and the Mayor was quoted as saying the dogs will have their area and the kids will have theirs. Ms. Jennifer Snyder, President of the College Park East Neighborhood Association, stated that she was not present to advocate on Page Nineteen - City Council Minutes - December 8, 2003 behalf of the organization, yet the Association sent a newsletter to the seventeen hundred homes in CPE, input was solicited from all residents regarding the dog park, they were provided contact information for any questions so that they would have accurate information as opposed to speculation or rumor, the result was six phone calls and fourteen'e- mails, none were negative, although those numbers may not be a representative sample it seems to speak to the fact that there was no one who took the opportunity to harangue anyone relating to the proposal. Ms. Snyder said as a private citizen it is her hope, and having been active in setting events at Heather Park, that if the owners have a place to take their dog to run around that is finite and defined and controlled, that those who do an informal pickup of dog droppings at Heather Park prior to events will have less to clean up. Again noting that the Neighborhood Association sent out the information, and from the demonstrated support appearing in the Council Chambers it seems that this is an idea that at least deserves an opportunity to survive and perhaps become permanent. Mr. Larry Basche twenty year Candleberry Avenue resident, thanked the Council for the opportunity to speak in support of Arbor dog park, said he has always been an avid dog lover, currently has two dogs. Mr. Basche reported doing some research on dog parks, discovered that there are over ninety dog parks in California, over six hundred in the country, and over four hundred in Canada, there have been dog parks for over ten years, in Long Beach, Costa Mesa, Huntington Beach, Irvine, Laguna Beach, a new park in San Clemente, several others in Los Angeles County, he also made inquiries to the dog parks and the cities, the overwhelming response from everyone was ' positive, in addition to the community it enriched the lives of those who participated, and requested that the Council allow the opportunity to let the people use this dog park and show how good it can be for all. Mr. Bob Labradore, resident of Rossmoor, property owner and former resident of Seal Beach, said because of his affinity with this town and neighboring communities he found himself becoming the director for AYSO soccer serving the communities of Seal Beach, Rossmoor, and Los Alamitos, and restated his quote that the AYSO does indeed support a dog park, this AYSO organization has over two thousand children participating, and he is please to see that Seal Beach found a solution to the situation so that AYSO can cohabitate with the dog owners. Mr. Labradore explained that AYSO had been closing the gates to Arbor Park on Saturdays for a period of ten weeks during the fall season, the reason is that there had been some near misses and an incident of a child being struck by a car, the parking strip is narrow and with the evolution from the station wagon to the SW the parking situation has changed, this was for the safety of the kids, and West Ed has been generous over the years by allowing the soccer people and others to park at their facility after hours, the dog owners are starting to use West Ed parking as well. He mentioned that the dog owners have been very cooperative, they generally frequent the Park after the Saturday soccer games, the Park is used also for softball and other youth activities as well as by residents. Mr. Labradore noted the long term agreement entered into between the AYSO and the City for use of Arbor Park in conjunction with the lease extension with the military, and in consideration of that agreement AYSO has agreed to make a donation to the City for the maintenance of the Park, the first installment of the donation a check for $10,000, which he presented to the City Manager. Be also extended appreciation to the Public Works Director and the Public Works Supervisor for selecting the City's current landscape contractor in that they are doing a fine job, the turf is coming back, AYSO is also accommodating the City by vacating the Park so that the routine turf maintenance can be accomplished, which is being done now. Mr. Craig Adler, College Park East, said it was he who requested the public hearing for the dog park, he is in favor of it, supports it, he gathered petition signatures in support, his feeling is that the trial period should be given a chance and full effort to make it work, and after hearing all of the support present he would hope for a favorable vote of the Council. Mr. Glen Rabin said he is somewhat of a chair of the group that has been advancing the dog park cause, thanked the Council for even considering the dog park, that says that the Council is sensitive to people who own dogs, as can be seen from the people present there is a lot of support for the dog park, for most it is a first experience in civic affairs, this issue has galvanized the people, they own dogs and love them, this is not about dogs it is about people who own them, each person has something in common and there is a benefit to be able to associate with one another and exercise their dogs, somewhat of a community • within a community, it is felt the dog park will allow the people to associate with one another and enjoy the benefits of the park. Other speakers have spoken about how this would be a good thing for the community, how dog parks are becoming more common, just because other cities have them is no reason for Seal Beach to have one, it is because dog parks work, there may be instances where a dog park is not found to be ideal, in this case with the support of the Council and the community it is hoped that Arbor dog park will be as wholesome and safe a facility as is imaginable, another spoke in support of the trial period, the staff report does a good job of analyzing the issue, in that report it was noted that not enough people were able to be contacted about the dog park issue, the petition containing about three hundred seventy signatures of College Park residents were gather in recent weeks by about ten people, yet of interest is that forty -eight percent of the petition signors do not own dogs, that points out that there is broad based support for the dog park trial period. Mr. Rabin said the persons present are in support of the dog park concept, College Park East residents, and who respectively request that the dog park be given a chance, he also invited the Council to visit the park with their dogs once it is in place and have a good time. Mr. Roy Joe Sealy, Seal Beach, said he thought he heard about a dog park for College Park, there is a Seal Beach University that is joked about, he mentioned that they walk their dogs on the beach and get tickets, they take them to Zoeter, run them loose, play Frisbee, get tickets, dogs are everywhere, cats are everywhere, walking Old Town at night you can see people picking up dog droppings, all kinds of people and from everywhere, he grew up in Garden Grove and Seal Beach, £00Z '8 iagwaoaa - Sa4nurW tiouno3 AgTO - iguaMy abed Page Twenty One - City Council Minutes - December 8, 2003 why is there not a dog park in Old Town, he temporarily lives in Riverside and San Bernardino because of court matters but is a resident here, some dog parks look better than golf courses, there are rich people that take their little dogs into stores and places, they do not get tickets, why, they are also the people out late at night. Mr. Steward Brainbaugh, Garden Grove, read a'poem entitled 'Rainbow Bridge', and said the dog park is about as close to heaven as one is going to get. There being no further comments, Mayor Campbell declared the public hearing closed. Yost moved, second by Antos, to authorize the City Manager to implement a trial canine use area at Arbor Park for a period of four to six months and adopt Resolution Number 5182 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 04 -13 FOR INSTALLATION OF "TRIAL" CANINE USE AREA WITHIN ARBOR PARK." By unanimous consent, full reading of Resolution Number 5182 was waived. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried With regard to the anticipated time frame for installation of the fence, the Public Works Director advised that it will be approximately three to four weeks however with the holiday possibly the second week of January. A member of the audience suggested that possibly something needs to be done to initiate the licensing procedure the way it was a few years ago. ' PUBLIC HEARING / RESOLUTION NUMBER 5193 / RESOLUTION NUMBER 5194 - NEGATIVE DECLARATION / GENERAL PLAN REVISIONS Mayor Campbell declared the public hearing open to consider Negative Declaration 03 -1 and revisions to the City of Seal Beach General Plan. The City Clerk certified that notice of the public hearing was advertised as required by law, and reported that no communications were received relating to this item. The Director of Development Services presented the staff report, explained that this item would adopt a new General Plan for the City, noted that the Council had appointed a Citizens Advisory Committee to work with the consultants to review the document, the Plan at this point generally includes all of the suggestions and comments that came forth as a result of the Committee, the Committee met on seven occasions to review the various Elements of the General Plan, the Planning Commission considered this item under public hearing and is recommending approval with a number of modifications that are noted in the Resolution adopting the General Plan, most of those are a reaction to comments from Hellman properties to conform the General Plan to the approved Coastal Development Permit for the Hellman property including the John Laing Homes development, there are some minor technical changes made by staff as well. The Director expressed appreciation to the Advisory Committee and Chairman Antos that spent considerable time working on this task. • Page Twenty Two - City Council Minutes - December 8, 2003 There being no comments from the public, Mayor Campbell declared the public hearing closed. Councilman Antos explained that there are two sections of the General Plan that were not reviewed and included, the Local Coastal Plan continues to be worked on as a separate document, and the Housing Element will be considered at a future time. Antos moved, second by Yost, to adopt Resolution Number 5193 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION 03 -1 IN CONJUNCTION WITH THE ADOPTION OF THE CITY OF SEAL BEACH GENERAL PLAN." By unanimous consent, full reading of Resolution Number 5193 was waived. Mayor Campbell made reference to page nine of twelve of the Planning Commission minutes of September 17th under Commissioner Comments, a question was posed about the flight patterns of aircraft from the Long Beach Airport included in the Noise Element, the response of the consultant was that 'the requirement of the Noise Element is to take into account the over - flights that are nearest to the City, the over - flights of the Long Beach Airport were considered however they do not exceed the noise criteria that would normally be governed by a State mandated noise element the noise criteria would range from 60, 65, 70 and 80 CNEL ' Mayor Campbell said her concern is that they are not considering arriving aircraft to Long Beach Airport that over -flies Seal Beach, the flights may be exceeding the noise criteria due to their' coming in lower over Seal Beach now that the airspace at El Toro has opened up and the flight paths have changed somewhat, coming in at a lower altitude, adding to that the day after Measure W passed American Airlines demanded twenty -one slots at Long Beach Airport, some Hill residents would claim that the noise level has increased due to the increased flights and the lower approach altitude. The Director explained that that issue was discussed at the Planning Commission, and recalled that within the past four to six weeks a comment letter was approved by the Council relating to a proposed expansion of terminal facilities at Long Beach Airport, as part of the comment letter it was noted that there were concerns relating to the change of over - flight patterns, etc., and as part of their analysis in the EIR document for the terminal improvements they will be required to evaluate that issue, therefore if there are new noise contours they will have to be adopted into an Airport Environs Land Use Plan by Los Angeles County to establish new CNEL zones, it is a 65 CNEL, which as currently constituted is far removed from the City of Seal Beach, and until they adopt a new Airport Environs Land Use Plan there is no valid basis on which to add something to the General Plan, once they adopt an Airport Land Use Plan that shows new CNEL's that would impact Seal Beach obviously it will be necessary to revise the Noise Element in some manner. Mayor Campbell noted that that would pertain to the Airport Land Use Commission of Los Angeles County, the Orange County ALUC does not get involved in Los Angeles issues. She mentioned too a five foot pothole in a runway at the Long Beach Airport while it was being repaired they altered their flight paths and came in using an alternate runway that runs perpendicular to the existing PAge Twenty Three - City Council Minutes - December 8, 2003 runway, and at 10:20 in the evening she had a 737 come over her house at about seven hundred feet and over the end of the Armed Forces Training Base runway, it was frightening. The Director clarified again that those issues were addressed in the comment letter relating to their EIR, noted too that they have special provisions for landing after 10:00 in the evening, it is felt some of that information was provided the Council as part of the staff report for the terminal upgrade, and as that project goes through the process it will be watched carefully as to any impacts on Seal Beach. Mayor Campbell said that is the project and then the EIR will be addressed, she is talking about the Noise Element that states that noise is not an issue and she is saying it is. The Director said he understood that on a personal basis yet on an identified Airport Environs Land Use Plan that the City could use for criteria to establish that in its General Plan, there is nothing that exists at this point where the City could make that argument unless the City were to do its own noise measurements of the flights of Long Beach planes over Seal Beach. Mayor Campbell argued that this deals with land use environs and because it does not mention it then basically it is being said it does not exist. The Director responded that until it is identified or the City takes steps to identify it on its own there is no basis to make that conclusion, noise measurements of all flights for twenty - four hour periods of time over an extended period of time would involve a large expenditure of City funds to determine the 65 CNEL from planes out of Long Beach Airport, and offered to provide Council with cost estimates if desired however it would be a large expense to monitor the flights for noise. The Mayor asked if any of that cost could be borne by the Long Beach Airport, the response of the Director was that Long Beach Airport says that the EIR on their Airport Terminal Project will re- evaluate the • noise contours, that is part of what they are planning to do. Councilman Larson mentioned that it seems the Mayor has an intense dislike for Long Beach and its airport yet never expresses any dismay over the giant, noisy planes from the Joint Forces Training Base, that is what makes all of the noise over his District, he resents spending time worrying about Long Beach while this City has its own problems. The Mayor claimed that the noise over the Hill area is a City problem, to that Councilman Larson stated that the aircraft fly lower over Leisure World than they'do over the Hill and he gets no complaints. Vote to adopt Resolution Number 5193: AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried Yost moved, second by Antos, to adopt Resolution Number 5194 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING THE PROPOSED REVISIONS TO THE GENERAL PLAN." By unanimous consent, full reading of Resolution Number 5194 was waived. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried Page Twenty Four - City Council Minutes - December 8, 2003 ORDINANCE NUMBER 1510 - NEWSRACK REGULATIONS The City Manager reported that changes to the Ordinance as requested by the newspaper industry have been made, one additional recommended change would be to Section 11B -4(13- b), a change to the distance from the curb, the language to read "...newsracks shall be placed between six and twenty - four inches from the curb at the sole discretion of the City Engineer ", the reason for that change is that the eighteen to twenty -four inches was meant to apply to Main Street however with parallel parking and narrow sidewalk on the side streets the newsracks could end up in the middle of the sidewalk. He noted that the color recommended at the staff level is that it remain uniform throughout the City however that is a Council choice, and the issue relating to USA Today is that they have the modernistic style rack. The Development Services Director mentioned that upon a discussion with the newspaper representatives this evening, with regard to rack colors within the Main Street area the newspapers are suggesting a wood grain brown, a standard color that both the L.A. Times and the Orange County Register use, it is not a natural wood grain pattern it is merely the color, a dark olive green color, the suggestion of staff is that that color be mandated within the Main Street area and it is at the discretion of the Council as to whether to mandate that color outside the Main Street area or allow the newspapers to use any rack that they may want to use in those areas and just be subject to the location criteria, other than those items it is believed the newspapers and staff are basically in agreement. Councilman Antos said he too understands that the wood grain brown is an industry standard color, that should not pose a hardship on the papers, that color of rack can be seen throughout communities, his preference would be that it be used in all of the Main Street Specific Plan area, the Council can decide what shall be used outside the Specific Plan area and whether the blue and white USA Today rack will be allowed or required to be the standard color. Councilman Yost said he is sympathetic to the newspapers yet there are areas that deserve some uniformity, the Pavilions Center will be undergoing an upgrade, other commercial areas as well, and inquired as to the desires of the Council to have uniformity citywide. The Director clarified that this ordinance does not apply to newsracks in a private shopping center, only to newsracks on the public right -of -way, whatever is worked out between a shopping center owner and the newspapers the City has no control over. The City Attorney noted that based upon the meetings held with the newspapers they have agreed to uniform racks, just the color, and based on the testimony of the USA Today representative it appears that he understands the desire for uniformity on Main Street, it is thought that he was asking to use their own racks outside of Main Street, if the Council is willing to allow USA Today, as an example, the opportunity to use their own color the ordinance could be amended to allow a color at the discretion of the Director. Councilmember Larson noted that considerable work has been done on this issue, he however does not want to get into a position of telling a company what color they must paint their racks, the remainder of the ordinance is fine, color is an individual issue, if it is a color that is acceptable to the • Page Twenty Five - City Council Minutes - December 8, 2003 newspapers he is willing to approve the ordinance, he does not want to get•into a situation where there is a fight between the City and the newspapers, he would vote no on • the ordinance only on that basis. Councilman Yost said since the newspaper companies have agreed to the - uniformity on Main Street yet would like to use their own specific colored racks elsewhere in the City, asked if that would change the vote of Councilman Larson on the ordinance. • Councilman Larson responded that if that is a guarantee that they are the only newspapers that will ever come into town, there are many little publications, real estate, throw aways, etc., they may just want a license and use a • blue, green, or whatever color of rack that will stand out, he merely anticipates that when people are competing for attention someone will want a color different from another Councilman Antos moved to reintroduce Ordinance Number 1510 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 11B OF THE CODE OF THE CITY OF SEAL BEACH PERTAINING TO NEWSRACKS" as amended to basically require a uniform rack color within the Main Street Specific Plan area, colors as determined by the Director outside the Specific Plan area, and uniform racks with the Director allowed to call an equivalent. Councilman Yost seconded the motion. By unanimous consent, full reading of • Ordinance Number 1510 was waived. The City Attorney 'clarified the changes to the proposed ordinance, Section 11B -2(c), City Approved Newsrack Model, the words 'K Jack Engineering Company Mack Truck Green' deleted and changed to 'a color of the equivalent of wood grain brown', to the same section an additional sentence added that 'the Director has the discretion to allow different colors outside the Main Street Specific Plan . area', and to Section 11B- 4(13b) revised to read 'newsracks shall be placed between six inches and twenty -four inches " - • ' • from the curb at the sole discretion of the Director.' The Chair allowed the USA Today representative to make a comment at this point. The representative said their rack has been identified as a' M100 or KJ50, if they determine to use the blue and white their rack is neither, the rack will fit level but it looks like a television, it will fit on the tray, that is the rack they would want to use outside the Specific Plan area. Councilman Yost offered that his understanding is that they be consistent racks that would allow the color to be slightly different, yet some consistency without each rack being different, no specific publication having an advantage, with the Director having the ability to use some discretion. The Development Services Director explained that the language provides that the Director can approve a different rack if it is deemed to be equivalent in size and appearance, therefore does not have to be the exact same model if equivalent, and that the reference to Director is to the Director of Public Works. Vote on the motion to approve the reintroduction of Ordinance Number 1510. AYES: Antos, Campbell, Doane, Yost NOES: Larson Motion carried Page Twenty Six - City Council Minutes - December 8, 2003 CLOSED SESSION By unanimous consent, the City Council reconvened the regular adjourned, recessed City Council /Redevelopment Agency meeting at 10:20 p.m. The City Council/ Redevelopment Agency was reconvened at 10:39 p.m. with .Mayor Campbell calling the meeting to order. The City Attorney reported that the Council /Redevelopment Agency had met in Closed Session to discuss the item identified on the agenda, the Council gave direction to the City Manager, no other reportable action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council / Agency to direct that the regular adjourned meeting be adjourned until January 12, 2004 at 5:00 p.m. to meet in Closed Session. By unanimous consent the regular and regular adjourned meetings were adjourned at 10:42 p.m. ' THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: