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HomeMy WebLinkAboutCC AG PKT 2003-04-28 #C 4111 Seal Beach, California April 14, 2003 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Larson calling the meeting to order. The Seal Beach Girl Scout Support Unit led the Salute to the Flag. Mayor Larson expressed appreciation to the Scouts for their presentation of the colors. ROLL CALL Present: Mayor Larson Councilmembers Antos, Campbell, Doane, 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 Captain Schaefer, Police Department Chief Cushman, Lifeguard Department Ms. Arends -King, Director of Administrative Services Mr. Vukojevic, Deputy City Engineer Ms. Yeo, City Clerk 4111 APPROVAL OF AGENDA Yost moved, second by Campbell, to approve the items on the Consent Calendar as presented. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ANNOUNCEMENTS Councilmember Campbell announced the upcoming Bunny Bash at Heather Park on Saturday, April 19th from noon until 2:00 p.m., fun things are planned for the kids as well as a visit from the Easter Bunny. PRESENTATIONS LIFESAVING AWARD - OFFICER CORBIN Chief Sellers noted that several colleagues of Officer • Corbin were present as well as several of the Explorer Scouts, and mentioned that Officer Corbin began his career as an Explorer in his teenage years, became a records clerk and put himself through the Police Academy. The Chief described the January 31st early morning incident to which Officer Corbin was dispatched to a structure fire in Leisure World, as the first emergency person on the scene he found a unit fully engulfed and impossible to enter or even identify the front door, he then responded to an adjoining unit which had heavy smoke, he took action by using the fire extinguisher from his patrol car to hold • back flames that were lapping over the shared patio wall and breaching the door which enabled him to direct the AGENDA ITEM C Page Two - City Council Minutes - April 14, 2003 resident, who was frightened to attempt -to exit the unit, 1111 through heavy smoke to the front door and to safety. The resident has made the statement that without the assistance of Officer Corbin she would not have been able to escape and credits him for saving her life. After aiding that resident and assisting in the evacuation of other residents for adjoining units, Officer Corbin then used his training as a reserve firefighter to begin assisting arriving fire units by laying out the hoses and making connection to the nearest hydrant thus allowing the fire personnel to direct their focus on attacking the fire much quicker. The Chief stated that by Officer Corbin's use of the fire extinguisher and the bravery he exhibited in approaching the smoke and flames was above the call of duty which resulted in the saving of a resident from serious injury if not death, injury to others and further damage to the building. The Chief noted that the individual who perished in the unit had been a friend of his through his employment in another city. Commander Ron Blau, Orange County Fire Authority, stated he was the Incident Commander and arrived just after the first engine company which was after Officer Corbin had assisted the resident with exiting the structure. Commander Blau said he can say with absolute confidence that had Officer Corbin not intervened this woman would have lost her life in the structure before she could be rescued, his actions resulted in the saving of her life, he is comforted to know that there are officers of this calibur protecting the community. Commander Blau presented a letter of commendation to Officer Corbin from Fire Chief Prather. 1 111 Chief Sellers presented Officer Corbin with the Medal of Life Saving, noted that along with the medal is a ribbon that will be worn on his Class A uniform, a red cross signifying his efforts. Officer Corbin said he wanted his fellow officers to receive some recognition, Officers Tittle, Frey and Ahumada, with some he went on ride - alongs while an Explorer, helping him to get to where he is today, recognition too of Mr. Joe Kalmick, a fellow firefighter who also helped him with his training, Chief Cushman too helped him. Mayor Larson offered that it is the pleasure of the Council to have Officer Corbin and others like him working for the City. At the request of the Mayor Officer Corbin shook the hand of each member of the Council. PROCLAMATIONS Mayor Larson proclaimed the month of April, 2003 as "National Child Abuse Prevention Month." Yost moved, second by Antos, to approve said Proclamation. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried Mayor Larson proclaimed the week of April 20th through the 26th, 2003 as "National Coin Week" and presented same to the Treasurer of the Leisure World Numismatic Club. 1111 Page Three - City Council Minutes - April 14, 2003 • PUBLIC COMMENTS Mayor Larson declared the Public Comment period open. Mr. Bill Ayres, the 10K and 5K non - profit corporation President, noted that Race participation on April 5th was the best it has been in twenty -nine years, a news report cited 80,000 participants, that was not correct, as a runner for over fifty years he does not know of a race in the world that has that number of participants. Mr. Ayres reported that there was a total of 1,927 participants, a paid attendance of over 2,000, this was for the 5K and 10K run, the 5K walk, and a 1K kids run having a large, group of enthusiastic children. Mr. Ayres explained that the Race this year was a learning experience for the committee as this is the first year that the City had no involvement, it was hard work but it is now known that they can proceed well from now on, he commended the members of the committee, noted that there were over two hundred fifty volunteers, most of them were from Seal Beach, there were two cyclists that preceded the events, a bicyclist and a unicyclist, expressed appreciation also to the sponsors, an important aspect of the Race, of great importance too were the sponsors in -kind that provided many services relating to the banners, banner hardware, truck transport, etc. With regard to the proceeds from the Race, Mr. Ayres noted that three years ago $10,000 was donated to the reconstruction fund for the McGaugh pool, last year $23,000 was given for the reconstruction of the Marina Center, on December 31st an additional $10,000 went towards the . resurfacing of the tennis courts, those are the type of • things that the proceeds go towards. Mr. Ayres mentioned that both runners and walkers approached himself and others to praise the event, they were from all over, they like to come to Seal Beach because of the small town atmosphere, yet to him what makes a small town atmosphere is the volunteers, the people who join in to make it that way, that is why they know they have the strength to build the event even larger, the 2004 Race will be Saturday, April 3rd. Ms. Elizabeth Kane, 7th Street, made a visual presentation of some Race highlights, noted the record attendance even though about one hundred pre- registrants did not participate, their were 1,800 10K and 5K runner /walkers, there were people from thirteen States, the furthest was New York and Hawaii, there were over 500 participants from Seal Beach, there were also some record course times as the Race has begun to attract some first class runners, the Kids Run was held before the 10K and 5K events, the parents commended that inasmuch as it made this a true family oriented event, the Kids participation last year was about 50, it grew this year to over 160 in the eleven year old and under Fun Run. Ms. Kane mentioned the Kids Zone was located on the greenbelt, fully enclosed, each child was provided a bracelet that identified them and that had to be matched with a parent having a matching identification in order to leave the Fun Zone at the end of the Race, this made the parents comfortable knowing that their children would be taken care of, she knows of no other 5K or 10K Race in California that has such a program, there were 1111 thirteen schools in the area that participated, from Sun N' Fun to Los Alamitos High School. Ms. Kane also mentioned Page Four - City Council Minutes - April 14, 2003 that one hundred percent of Race profits go back into 1 11 1 recreation programs in the community, this year it will be handled somewhat differently, if there is a recreation oriented organization that would like to apply for a grant the applications are available on the Race website, the applications will be considered by the Race committee based on merit pursuant to the provisions of their charter to provide recreation service program funding for the community of Seal Beach, and, $2 for each student was given back to their identified school for recreation programs. She noted certain racecourse record times, the results and - photos are on the web site. Ms. Kane noted the many volunteers representing the Girl Scouts, Explorers, Seaside Lions, LOTE, Womens Club, Los Alamitos High School dance team, well over two hundred volunteers. Mr. Glen Clark, Trailer Park, noted that the City Council are voted in as elected officials, the Council takes much unwarranted abuse on an ongoing basis and listens to the woes of the people without being able to respond, an article in one newspaper last week reported that there are people complaining that they are not being recognized therefore can not speak their mind, yet he has been to many meetings of the Council and has seen all people who have a desire to speak given the time to do so, the Mayor has done this on a continual basis, has made the procedure known on numerous occasions, he would commend that, that is basic democracy, the only other means to have feedback would be to hold townhall type meetings, possibly that could be something to consider in the future, and again commended 1 11 1 the Council. The Mayor noted that the speaker also takes his time to attend the meetings as well. Ms. Rita Brenner, Trailer Park, stated she was present to address the Council with regard to something that was brought up a few weeks ago concerning the Redevelopment Agency, a member of the Council had mentioned the Trailer Park problems, disputes between two 'Park factions, it was out of his hands therefore the people need to take care of the issues themselves, to that Ms. Brenner claimed that it was that member of the Council however that brokered and signed the Trailer Park deal. She made mention of a publication that sets forth what a City 'Council is for, a Council is to help resolve issues, if they can not be settled you work on it, • no one gives a complete answer, any citizen has the right to address the Council about problems and it is the judicial duty of the Council to take care of those problems. Ms. Patricia Clark, Trailer Park, made reference to the purchase of the Park by Mr. Hall in 1998 in order to redevelop it, not sell it. Ms. Clark provided a summary of the Park purchase, in March, 1999 a Park steering committee was appointed, in August a meeting was held with the City Manager, the Park committee, Mr. Talley, etc. with regard to the sale of the Park to the residents, Talley stated that if Mr. Hall sold the Park to the residents he would want market value of about $10.8 million, there was evidence that the Park residents could not buy the Park for that price, Hall owned the Park, he had a win /win situation, in October, 1999 Hall stopped all sales, repairs, replacement of the homes, in December, 1999 the City Manager suggested that a public benefit nonprofit buy 1 11 1 the Park on behalf of the residents, the committee had only Page Five - City Council Minutes - April 14, 2003 • two options, give up and lose their homes or try to purchase the Park through a 501C3 public benefit nonprofit, in February, 2000 the Redevelopment Agency and the committee chose Linc CDP from three possible nonprofits, the only nonprofit that would allow resident participation, in May, 2000 the Homeowners Association was incorporated as a mutual benefit nonprofit corporation, in June, 2000 there were rumors that Hall was going to close down the Park, the Board lobbied the City Council to pass a relocation ordinance to protect the residents, they agreed, Ordinance 1463 was prepared and adopted by the Council, that was likely the turning point of the ongoing Park purchase negotiations, Hall knew when he bought the Park that there was no relocation ordinance in place and had he closed the Park he would not have had to pay anything, after 1463 was passed he would have had to pay residents the market value for their homes, relocation monies, etc. likely to cost millions. In July, 2000 written approval was gained from residents to purchase the Park through a nonprofit, Hall filed a lawsuit to remove the Covenants, at the same time Hall offered to sell the Park for $8 million, the appraised value, if sold to a 501C3 public nonprofit, Linc offered $6.4 million to keep it affordable, negotiations followed, in August, 2000 resident's attorney, Gerald Gibbs, suggested applying for $1 million from the State H /CD MPROP fund, the deal was dependent upon this loan, December, 2000 Hall agreed to sell the Park to Linc for $7.4 million, $600,000 below the appraised value of $8 million, only if the sale went through by the end of 2000, benefits to 1110 residents by purchasing the Park through Linc was that the savings on real property taxes and low interest bonds over the thirty -five year period would be in the millions, September, 2000 Hall signed a letter of intent with Linc, October /November, 2000 all pertinent documents were prepared, the RDA had funds available that had to be spent on low to moderate income housing or be returned to the State, December, 2000 and time was running out, Patty Campbell, Don McIntyre, Gerald Gibbs, Hunter Johnson and Frank Boychuck appeared before the H /CD in Sacramento with the MPROP five hundred page application, the MPROP Board approved the loan, following approval of the loan the bonds were issued and quickly bought up, the RDA provided a $1 million bridge loan to be repaid by the MPROP funds, after two years of hard work in December of 2000 the purchase was completed and the title was turned over to Linc, Richard Hall finally dropped his lawsuit. Fifteen meetings were held for the residents from 1999 to 2001, twenty thousand fliers and newsletters were distributed to keep residents informed, Hunter Johnson, President, and the Vice President both came to general meetings to explain the purchase, rent increases, eventual control, and answered many questions, how else could the low to moderate income residents buy their Park with no money down and eventual control from a man that did not want to sell it and would only sell to a 501C3 nonprofit and only if the deal was complete by the end of 2000. Ms. Clark concluded that there was no RDA scam, no fraud, no collusion, no corruption, nor land grab involved in this purchase, this purchase was the only way to save the homes, and she is very grateful to the City of • Seal Beach. There being no further comments, Mayor Larson declared the Public Comment period closed. Page Six - City Council Minutes - April 14, 2003 COUNCIL ITEMS • ORANGE COUNTY REGIONAL AIRPORT AUTHORITY - FUNDING REQUEST - RESOLUTION NUMBER 5118 Councilmember Campbell explained that all member cities are reviewing their ability to contribute to the Orange County Regional Airport Authority, it has been necessary to review and revise the OCRAA mission, the original mission was to work for the El Toro Marine Corp Air Station to become an - airport for Southern California, now one mission is to retain the Los Alamitos /Seal Beach military facilities, another is to protect the OCRAA member cities in the Long Beach corridor from additional airport expansion, protecting this corridor is of special interest to the residents of Leisure World, OCRAA is also investigating and selecting realistic achievable transportation alternatives that would either mitigate or solve the air transportation demand shortfall in Orange County such as a centerline, a tunnel through the Cleveland Forest, etc., the intent is to advocate those alternatives to the proper entities to implement them as quickly as possible. A two minute recess was called to accommodate a telephone call to Councilman Antos. Councilmember Campbell mentioned that unless something changes El Toro is lost, those in South County say they do not mind driving to LAX or Long Beach yet people in this area do mind because the additional traffic could cause the widening of the 405 Freeway through Seal Beach, if that 1 11 0 were to happen that would cost College Park East the homes along Almond Avenue, that is not acceptable. She noted that with the opening up of the airspace over El Toro flights coming into Long Beach now circle a little tighter and come in over Costa Mesa, Huntington Beach, and Seal Beach at a lower altitude, the day after Measure W passed American Airlines demanded new gates at Long Beach in addition to those that Jet Blue has, they are now at forty - one flights a day, this will only increase, this corner of Orange County needs to be protected otherwise the quality of life will be seriously impacted, College Park East is impacted by the traffic on the 405, the noise is terrible, her home is at the southern perimeter of the Air Station, about as far away as one can get, yet when her balcony door is open the freeway can be heard as if it were next door. She mentioned too that the Hill and Leisure World is already impacted by the increase of flights coming in at lower altitudes over the homes, with that in mind it is in the best interest of Seal Beach to assure that this City is a member in good standing in OCRAA, the request of OCRAA is to contribute $500 per month. She noted too that she frequently receives calls from people in Long Beach who have just now realized what the loss of El Toro means with the increase of flights, etc., OCRAA is looking at getting the air traffic demand in South County out to Ontario by means of alternative transportation and off of the 405 coming through Seal Beach and see what can be done to lessen the air traffic coming into Long Beach. Councilman Yost said he agreed, with Long Beach expanding its level of service and the number of flights coming over Seal Beach it 1 11 1 is time to become involved proactively, and although Page Seven - City Council Minutes - April 14, 2003 1110 finances are tight his feeling is that this would be money well spent. Councilman Yost moved to approve the $500 per month support money for the Orange County Regional Airport Authority as requested. Councilmember Campbell seconded the motion. Councilman Antos expressed his opinion that with the budget concerns and the unknowns at the State level he felt the Council should postpone this request for $500 per month to support the OCRAA effort, to him it seems that this should be held until such time as the State and legislature determines their budget and it is seen how it impacts Seal Beach, at that time a variety of programs can be looked at that have been put on hold or discontinued, look at the whole budget first. Councilman Doane said if this is approved and it is seen that nothing is being accomplished, could the City cease payment. Councilmember Campbell stated that payment could be stopped at any time. Councilmember Campbell pointed out that one of the things the Council does in addition to working within the City is to serve on a variety of boards and commissions outside the City to represent this City on a number of issues thus enables the support of other cities for such things as implementing other transportation means in order to get air traffic out of this area and direct it to Ontario, it is important to serve on these other agencies, said Councilman Yost as an example serves on the Rivers and Mountains Conservancy, he is there to clean up the San Gabriel River, 1110 that directly impacts this City. Councilman Yost explained that he usually does not favor this type of request, yet with the current expansion of Long Beach flights El Toro being lost there will be a need for more airspace and more air travel, there is no question that OCRAA is the agency that would deal with this more responsibly, this would like be money well spent in terms of the quality of life of the residents, the cost is about five cents per resident. AYES: Campbell, Doane, Larson, Yost NOES: Antos Motion carried FORMATION OF WATER COMMITTEE Councilman Antos noted that he has discussed this item with the City Manager, he understands that in the past there has been concern about the allocation of staff time and City resources, he is also aware that there are a number of people in the City that are interested in water issues not only with potable water but other things such as runoff and technologies that are forthcoming, these persons are willing to do the work themselves, not use City staff or resources or facilities and whatever they may find would be submitted for evaluation at the discretion of the City Manager. Councilman Antos requested Council concurrence, offered that the Council would also have the opportunity to appoint others to this committee if so desired, yet allow the committee to work independently. Councilman Doane offered that this would not then be a regular committee with staff support, minutes, etc., things that involve a • City cost, therefore why would this be before the Council instead of just a citizens committee of volunteers that Page Eight - City Council Minutes - April 14, 2003 would meet on their own thus not involving the City.. 1111 Councilman Antos said that is basically what it would be however there may be persons from other districts that would be interested in participating. Councilman Doane clarified that this would be a group of volunteers that would be serving as a water committee, then it would not be required to be on the agenda or City supported, it seems that this would merely be a group of interested citizens that would like to participate, that would be better than making it an official City committee. Councilmember Campbell questioned what the water committee thinks it can accomplish inasmuch as water is a regional issue, she is uncertain what a group of citizens can do to impact the water issues of Orange County or the Southern California region. As she mentioned earlier Councilman Yost serves on the Rivers and Mountains Conservancy, that gives Seal Beach a seat on a Board that does have the ability to impact an issue such as the San Gabriel River, also, she serves on the Sanitation District, serves on two District committees, one being the Urban Runoff Committee which can impact water regional issues, it gives this City a voice and opportunity to bring something back to the community, if the source of • a problem comes from outside the City there needs to be representatives on these regional committees that can help this community, an example is that at the last Sanitation District meeting there was discussion of the sewage spill in La Habra that reached the San Gabriel River, the source is fined yet the Seal Beach beach is closed and the cleanup is at City expense, the District Manager concurred that it is'not fair that the source pays a fine yet the City has 1 111 the expense, and the District Manager has agreed to discuss this type of situation with the City Manager, in her opinion the City should receive part of the fine to offset expenses, this is an example of how the representation on the regional boards benefits the City. Councilmember • Campbell said again that she questions what a Seal Beach committee can hope to accomplish, you have to go outside the City to gain the help of all of the other cities, that is where the power is, how many people would be on this committee from each district and what will it accomplish. Councilman Doane mentioned that he represents Seal Beach on the West Orange County Water Board and he can take any questions that pertain to water quality, etc. to that Board, the Board is a Joint Powers Authority and consists of representatives from Westminster, Huntington Beach, Garden Grove, and Seal Beach, thus there is representation in the County, and it is correct that the water quality problems basically come from the County rather than the individual cities, most belong to water authorities such as the WOCWB. Councilman Yost mentioned that this is ' something central to what he has wanted to do since joining the Council which is cleaning up the River and the ocean, he was somewhat frustrated to see this subject agendized again as he had placed a similar request on the agenda some time ago however there was not three votes for approval, to do this again is not necessarily worthwhile, he also has respect for the opinion of the members of the Council who do not think there should be a City water committee. Councilman Yost noted some of the things that have been done to improve water quality over the last five years, a • large committee was formed of very knowledgable people who Page Nine - City Council Minutes - April 14, 2003 • developed a Water Management Plan, that committee was disbanded after its work was completed, there is now a boom on the San Gabriel River at Coyote Creek, that was accomplished by means of lobbying efforts with the City of Long Beach, there are now filters on the storm drains, the Chamber of Commerce has adopted this issue and do a beach cleanup each month with hundreds of volunteers, reclaimed water has been explored should that be feasible in the future, positive strides have been made. He offered his belief that there was not Council support for a local committee, if that were to be done privately he would lend his support. Councilman Antos moved to approve the formation of an Ad Hoc Volunteer Water Committee in Seal Beach that would not involve using any City resources or staff to explore a variety of water questions and eventual report to the City. Councilmember Campbell asked if such committee would have standing. The Mayor responded that in his opinion if the Council creates the body it then becomes subject to the provisions of the Brown Act, an ad hoc committee consisting of volunteers does not meet that criteria therefore he could see a required action of the Council. The City Attorney confirmed that the manner in which the motion was phrased it would not require a motion to create a volunteer committee with no City resources or staff. There was no second to the motion. Campbell moved, second by Doane, to table the request to • form a Volunteer Water Committee as stated. AYES: Campbell, Doane, Larson, Yost NOES: Antos Motion carried CITY COUNCIL MEETINGS - ORAL COMMUNICATIONS Councilman Antos stated that this item is basically a discussion relating to Consent Calendar items. He noted that there is presently an oral communication public comment period where anyone can speak to any item they wish for the allotted five minute time period, yet the language relating to the Consent Calendar states that the items are enacted by one motion unless removed by staff, Council, or a member of the public for separate action, however the way the proceedings are presently if a member of the public removes a Consent Calendar item they must speak to the item under Oral Communications, yet under Oral Communications the Council or staff can not respond or answer their questions. His suggestion would be that if an item is removed from the Consent Calendar by a member of the public it would seem that that should not count against their public comment period and that their comments be allowed when the removed Consent Calendar item is considered, that would allow the public to ask a question and receive an answer, and moved that the Council change the current procedure. Councilman Doane offered that under the current procedures any member of the audience can request any item removed from the Consent Calendar, they can not speak to the item at the time it is being considered yet they can speak to the item under Public Comments, if there is a • question a response can be given when the item is being considered, if the public is allowed to speak to any item Page Ten - City Council Minutes - April 14, 2003 removed from the Consent then it makes every item a public 1 11 1 hearing, his feeling is that the procedure currently in place works. The City Attorney confirmed that to be an accurate explanation, noted that under the Brown Act the public is entitled to provide their input and address the Council prior to any action being taken, Seal Beach like other cities provides that opportunity at the beginning of the meeting, the public has the opportunity to ask questions. He explained that there are in fact two ways to address a question, at one point the Brown Act did not allow members of the Council to respond at all, that procedure was taken back to the legislature with an explanation that that actually circumvented the intent of the Brown Act, to that the Brown Act was amended to allow the Council or staff to briefly respond to questions which can be done at the end of the Public Comment period or at the time that the item is individually considered. Council indicated their agreement with the comments of Councilman Doane. There was no second to the motion. PROPERTY LINE WALL HEIGHT REQUIREMENTS - REVIEW REQUEST Councilman Yost noted that he had received a call from a resident of the Hill explaining that he had a six foot high wall, he also had a trellis with shrubbery, a neighbor wanted to rebuild the wall, it was rebuilt, the trellis was again placed on the wall, however when it was inspected he was informed that the wall then exceeded the legal height limit. In looking at pictures of the wall with the trellis Councilman Yost said he did not feel it was something that 1 111 would be a detriment to the community, at present the height limit for walls is six feet yet many people grow shrubbery above that, also if there is shrubery that is within one foot of the wall and grows higher than the wall it does not meet Code, the same with a trellis. Councilman Yost said he was seeking Council input to determine if this would be something that they wound not want to see changed, Councilman Antos had suggested that the issue be forwarded to the Planning Commission to consider a possible change to . the Code, in his opinion a six foot wall is not very high, does not offer much privacy, by allowing two additional feet or a trellis or shrubbery to grow above the limit would enhance privacy, he noted too that currently ten feet is allowed along major thoroughfares and arterials. Yost moved, second by Doane, to refer this matter to the Planning Commission for consideration. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried CONSENT CALENDAR - ITEMS "H" thru "CC" Doane moved, second by Yost, to approve the recommended action for the items on the Consent Calendar as presented. H. 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 1 111 the reading of such ordinance or resolution. Page Eleven - City Council Minutes - April 14, 2003 • I. Adopted Resolution Number 5119 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING THE RESTORATION OF FUNDS TO THE STATE OFFICE OF MILITARY SUPPORT IN THE TECHNOLOGY, TRADE AND COMMERCE OFFICE." By unanimous consent, full reading of Resolution Number 5119 was waived. J. Approved the minutes of the March 24, 2003 regular adjourned and regular meetings. K. Approved regular demands numbered 41353 through 41631 in the amount of $1,821,059.96, ADP payroll demands numbered 2842524 through 2842618 in the amount of $100,593.98, and authorized warrants to be drawn on the Treasury for same. L. Received and filed the staff memorandum relating to the sand berm removal anticipated to be the week of May 5th to May 9th. M. Adopted Resolution Number 5120 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 04 -04, FOR THE INCREASE IN ANNUAL AUDIT FEES DUE TO THE,IMPLEMENTATION OF GASB 34. By unanimous consent, full • reading of Resolution Number 5120 was waived.' N. Adopted Resolution Number 5121 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 03 -25, FOR THE INCREASE IN CONTRACT PROFESSIONAL SERVICES FOR THE REPAIR OF TWO POLICE PATROL VEHICLES. By unanimous consent, full reading of Resolution Number 5121 was waived. 0. Adopted Resolution Number 5122 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 03 -27, FOR GENERAL FUND EXPENDITURES FOR MISCELLANEOUS ADJUSTMENTS OVERLOOKED DURING BUDGETING PROCESS" - (Special Departmental - transportation expenses; Office Supplies - elections; Contract Professional Services - Police Support Department - County processing fee increase for parking citations; Parking Citation Revenue - increased parking citation revenue). By unanimous consent, full reading of Resolution Number 5122 was waived. P. Adopted Resolution Number 5123 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 03 -28, FOR POOL, MAINTENANCE SERVICE CONTRACT," and • authorized the City Manager to execute the Page Twelve - City Council Minutes - April 14, 2003 contract with Service First Commercial Pool 1111 Systems for the period of one year from the date of execution with provision for a year to year written extension not to exceed an additional five years. By unanimous consent, full reading of Resolution Number 5123 was waived. Q. Bids were received until April 2, 2003 at 10:00 a.m. for Project Number 50099, Annual Paving Rehabilitation, at which time they were publicly opened by the City Clerk as follows: Alt. A Alt. B Palp - dba Excel Paving $114,474.00 $165,268.00 Alliance Streetworks, Inc. $124,630.00 $176,130.00 Awarded the Annual Paving Rehabilitation, Project Number 50099, to the lowest responsible bidder, Palp - dba Excel Paving in the amount of $165,268.00 and authorized the City Manager to execute the contract on behalf of the City. R. Approved the restructuring of the Administrative Services Department and the City Manager's office to: 1) Replace the part -time Assistant Finance Director position and contract accountant 1 11 0 position with a full -time Accounting Manager; 2) Convert an account clerk position to accounting technician and create one part -time account clerk position; 3) Transfer employee benefits portion of human resources to the Administrative Services Department, all other personnel issues to remain in the City Manager's office; 4) Eliminate the part -time intern position in the City Manager's office; 5) Create full time Management Analyst /Human Resources position; and 6) Create a short term contract with the existing Administrative Assistant to help with transition issues. S. Bids were received until March 27, 2003 at 10:00 a.m. for the Boeing Pump Station Replacement, Project Number 49725, at which time they were publicly opened by the City Clerk as follows: Clarke Contracting Corp. $512,970.00 Pascal & Ludwig Constr. $517,613.08 Paulus Engineering, Inc. $564,964.00 Value Engineering, Inc. $618,900.00 Atlas- Allied, Inc. $628,660.00 Denboer Engineering and , Construction $669,200.00 Olsson Construction, Inc. $756,406.00 Awarded the contract for the Boeing Pump Station 1111 Replacement, Project Number 49725, to the lowest Page Thirteen - City Council Minutes - April 14, 2003 • responsible bidder, Clarke Contracting Corporation, in the amount of $512,970.00, and authorized the City Manager to execute the contract on behalf of the City. T. Approved the plans and specifications for Seal Beach Boulevard Pavement Rehabilitation, AHRP, (Old Ranch Parkway to St. Cloud Drive), Project Number 50098, and authorized staff to initiate the bidding process. U. Adopted Ordinance Number 1495 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SEAL BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." By unanimous consent, full reading of Ordinance Number 1495 was waived. V. Awarded the contract for Landscape Maintenance Services for parks, medians and facility grounds to Mariposa Horticultural Enterprises, Inc., and authorized the City Manager to execute the contract on behalf of the City. W. Accepted the proposal of MuniFinancial for . Special District Administration of Surfside Colony Reassessment District No. 2000 -1 for • fiscal 2003/04, and authorized the City Manager to execute the Agreement on behalf of the City. X -1. Approved the sale of various surplus properties as listed in the staff memorandum at auction (vehicle stock). X -2. Declared the portable stage to be surplus, and donated said stage to the Seal Beach 10 /5K Run, a non - profit organization, who in turn will make the stage available to other local groups. Y. Received and filed the staff memorandum relating to an upcoming water rate study session to be held on Monday, April 28th, 2003. Z. Accepted the proposal of MuniFinancial for Special District Administration of Street Lighting Maintenance District No. 1 for fiscal year 2003/04, and authorized the City Manager to execute the Agreement on behalf of the City. AA. Approved the introduction and first reading of Ordinance Number 1496 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 5 -30, NO. 35, TABLE 15 -a, OF CHAPTER 5, ARTICLE 1, OF THE CODE OF SEAL BEACH COMPRISING PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, THE 2001 CALIFORNIA BUILDING CODE." By unanimous consent full reading of Ordinance Number 1496 was 1111 waived. Page Fourteen - City Council Minutes - April 14, 2003 BB. Adopted Ordinance Number 1497 entitled AN 1111 ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002 -02 (SEAL BEACH BOULEVARD /LAMPSON AVENUE LANDSCAPE MAINTENANCE) CALLING A SPECIAL ELECTION FOR JULY 22nd, 2003. By unanimous consent, full reading of Ordinance Number 1497 was waived. CC. Approved the extension of the current contract with the Orange Coast Marketing Coalition for the placement of trash receptacles, and authorized the execution of same on behalf of the City. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:08 p.m. The Council reconvened at 8:18 p.m. with Mayor Larson calling the meeting to order. RECONSIDERATION - ORDINANCES NUMBERED 1496 and 1497 - CONSENT ITEMS "AA" and "BB" Upon the advice of the City Attorney, Yost moved, second by Campbell, to reconsider the Ordinances under Consent Calendar Items "AA" and "BB ". AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried 1 11 1 The Director of Development Services read in full the title of Ordinance Number 1496 relating to Roof Assemblies, and the City Attorney read the title in full of Ordinance Number 1497 calling the Community Facilities District Special Election. Yost moved, second by Larson, to re- introduce and adopt Ordinance Number 1497. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried Yost moved, second by Doane, to re- introduce and approve first reading of Ordinance Number 1496. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ORDINANCE NUMBER 1498 - LEGAL NONCONFORMING RESIDENTIAL STRUCTURES - ELIMINATION OF EXPANSIONS OR ADDITIONS The City Manager pointed out that this item is accompanied by an urgency ordinance that requires a four - fifths Council vote to approve. The Director of Development Services presented the staff report, explained that this item comes to the Council on recommendation from the Planning Commission and is part of the outgrowth of issues that were on appeal of a property on Electric Avenue with regard to expansions to a nonconforming residential structure, those issues were referred back to the Planning Commission for • study sessions, the Commission received public input at Page Fifteen - City Council Minutes - April 14, 2003 1111 their meeting of March 5th, at the conclusion of the study session and hearing public comments the Commission recommended on a five to zero vote that the Council consider amending the Code to no longer allow additions and expansions of existing legal nonconforming residential structures. The Director said if the Council agrees with that recommendation and instructs staff to prepare the necessary zone text amendment it is also suggested that the Council consider adoption of the interim ordinance, that will preclude people from trying to submit applications under the current provisions of the Code and the City trying to deal with how to process such applications during the period that staff will be preparing amendments to no longer allow that type of application. He noted too that the Ordinance places a forty -five day limitation on processing applications, during that time period staff will bring a report back to the Council under public hearing to extend the Ordinance if the amendments can not be prepared within the initial time period, and confirmed that it is known that the amendments can not be accomplished within the forty -five day time frame. Councilman Doane commended the Planning Commission, and moved to accept the Commission recommendation and adoption of Ordinance Number 1498 entitled "AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 PROHIBITING MINOR OR MAJOR STRUCTURAL ALTERATIONS, ENLARGEMENTS AND EXPANSIONS TO CERTAIN NONCONFORMING RESIDENTIAL BUILDINGS AND USES DURING • THE PENDENCY OF THE CITY'S REVIEW AND ADOPTION OF RELEVANT PERMANENT ZONING REGULATIONS AND DECLARING THE URGENCY THEREOF." Councilman Antos seconded the motion. By unanimous consent, full reading of Ordinance Number 1498 was waived. Councilmember Campbell inquired if someone wanted to remodel a bathroom does this mean they could not. The Director explained that the Interim Ordinance will not allow anyone to expand an area of a room in their legal nonconforming structure, yet they can remodel within the confines of the.existing perimeter walls but they could not increase the floor area of the structure. With reference to a one story cottage type home, Councilmember Campbell asked if they could add a second story or enlarge a porch area. The Director responded that they could enlarge the porch as it is not habitable living space, however any addition of a living area, if the structure is nonconforming for density, setback, parking, or whatever the situation may be, would not be allowed to be considered by the City for legal nonconforming properties, if a residential property meets all of the development standards for the zone area that it is in an addition would be allowed, this Ordinance only applies to a legal nonconforming property, a great majority of applications that the City deals with are existing two unit or larger developments in the Old Town area. Councilmember Campbell asked if the residents want this change, to that Councilman Antos responded that they do. Mayor Larson said it is quite likely that there will be people questioning this • action, they will have an opportunity to voice their opinions at the time of public hearings, the proposed Page Sixteen - City Council Minutes - April 16, 2003 Ordinance merely keeps things status quo until the Code • amendments are prepared. The City Attorney explained that the Urgency Ordinance is for a period of forty -five days, in accordance with Section 3 thereof there will be a public hearing on this matter to extend the time period, the actual date will be May 12, 2003, at that time there will be an opportunity for public input. Councilman Yost inquired as to the requirements to enact an urgency ordinance. The City Attorney directed attention to Section 1 of the draft Ordinance, explained that the Council will need to make those findings, the key findings under the Government Code are identified under Section 5, basically a current and immediate threat to the public health, safety, and welfare presented by minor or major structural alterations, etc., the Section goes further to state that approval of such expansions, minor plan reviews, or conditional use permits will result in a threat to the public welfare, those are the key findings. Mayor Larson said from his experience when people hear of this being proposed and should there not be an urgency ordinance there would be innumerable applications submitted, with the ordinance it will maintain the normal process pending adoption of new regulations. Councilman Yost offered that he has a problem with people expanding legal nonconforming residences, especially those that are legal nonconforming due to parking which increases the density of the area. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried MAIN STREET ENCROACHMENT PERMIT POLICY 1 11 1 The Director of Public Works presented the staff report, explained that this item deals with whether or not the City desires to regulate encroachments on Main Street, during the past nine months staff has brought proposals to the Council in an effort to bring closure to this issue. It is proposed to inventory everything on the Street, inform the owners if a corrective action is necessary, and issue a no fee encroachment permit to them, thus streamlining the process for the business owners, the bench standards have been modified which will allow two benches to face 'each other, the sign ordinance will be held in abeyance since it confuses the issues between benches and encroachments and sandwich board signs until there is a Code review process, Public works will install items such as bike racks as funds become available, and it is confirmed that there will be no outdoor dining. The Director recommended adoption of the Policy as submitted. Antos moved, second by Yost, to adopt the Encroachment Permit Policy. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried PROPOSED RESOLUTION - ON- STREET PARKING REGULATIONS / LAYOUT - SEAL BEACH BOULEVARD The Director of Development Services presented the staff report, noted that this item comes to the Council as a recommendation of the Planning Commission as an outgrowth of the Commission hearing relating to the next agenda item, the General Plan Amendment, Zone Change, etc. relating to 1 11 1 the Limited Commercial zoning standards on Seal Beach Page Seventeen - City Council Minutes - April 14, 2003 • Boulevard between Pacific Coast Highway and Electric. As part of the discussion at the Commission an issue was raised about the parking regulations and parking space layout that currently exists on Seal Beach Boulevard, the Commission indicated concern based upon the comments presented and forwarded a recommendation to the Council to authorize staff work with a consultant to undertake a parking study and analysis of that area, come back with recommendations as to whether changes are or are not appropriate, the cost, as indicated in the staff report, is %7,500 and the Resolution proposed would make the necessary budget amendment to transfer those funds into the Professional Services account if the Council determines such action is appropriate. Councilman Antos asked if part of this study would be to look at diagonal parking along this particular area. The Development Services Director confirmed that that is part of the proposal. Councilman Antos indicated that it would be alright to leave that in the proposal yet the street has been narrowed considerably with the landscaped median, he would hope that the consultant will look at some of the safety issues dealing with the backing out of vehicles, sight clearance, etc. as he would not like to see the area further restricted and for the travel of emergency vehicles and regular traffic on that street. He noted that as part of the ongoing General Plan process, with regard to the Circulation Element that issue has been raised, and it is 'believed the consultants are looking at doing something to • allow more traffic to move along that street from Electric Avenue up to and through Pacific Coast Highway in that there is a backup in that area in the morning. The Director mentioned that it is understood that there are some competing issues that the consultants are looking at including recommendations back to the City for consideration. It was confirmed to Councilman Doane that if the recommendation was for diagonal parking the Council would have the opportunity to vote on that consideration. Councilmember Campbell stated she did not feel that diagonal parking is feasible on that street, it is not felt there is enough room, it becomes a safety issue, and it is not felt necessary to spend $7,500 to find that out. Councilman Antos asked if there were other things that the traffic consultant would be looking at besides diagonal parking, the response of the Director was that they would also look at the current parking restrictions, hourly parking that is currently signed on the street to determine if it is appropriate or not, and offered to delete the diagonal parking issue if that is the desire of the Council. Councilman Doane proposed a motion to delete the diagonal parking study, to which a second was indicated by Councilman Antos. The City Manager suggested that this item be tabled and allow the Police Department to do a directed enforcement of the seventy -two hour parking, see if that resolves the problem, then it could be brought back to Council if the desire is to look further at the parking regulations. The motion was withdrawn by the maker and • second. Councilman Doane moved to table this item and approve the recommendation of the City Manager to first Page Eighteen - City Council Minutes - April 14, 2003 involve the Police Department. Councilman Antos seconded 1 11 1 the motion. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried PUBLIC HEARING / RESOLUTION NUMBER 5125 / RESOLUTION NUMBER 5126 / ORDINANCE NUMBER 1499 / ORDINANCE NUMBER 1500 - SEAL BEACH BOULEVARD L -C ZONE REVISIONS - NEGATIVE DECLARATION / GENERAL PLAN AMENDMENT / ZONE CHANGE / ZONE TEXT AMENDMENT Mayor Larson declared the public open to consider zoning revisions relative to Seal Beach Boulevard between Pacific Coast Highway and Electric Avenue. The City Clerk certified that notice of the public hearing had been advertised and mailed as required by law and reported no communications received relating this item. The Director of Development Services presented the staff report, mentioned that this matter had been referred to the Planning Commission for study in July, 2002, thereafter staff held two community meetings to present issues to the affected property owners, received input from the parties in attendance at those meetings, and based upon those comments staff prepared the necessary General Plan Amendment, Zone Change, and Zone Text Amendment now before the Council for consideration, the Commission held a public hearing on the 5th of March, 2003, recommended approval by unanimous votes. The Director noted also that consideration needs to be given to adoption of Negative Declaration 03 -1 which evaluates the environmental impacts of the project, in this case it is indicated there are rio 4111 significant impacts to the environment created by the proposed changes. The Director explained that the basic change that is being proposed is to revise the General Plan and the Zoning Ordinance to allow for separate free standing residential development to occur on the Limited Commercial properties on the Boulevard from Electric to north of Landing Avenue, currently a residential development alone is not allowed, rather, a commercial use is required and in conjunction a residential unit can be developed with that use. Mayor Larson invited members of the audience wishing to speak to this item to come to the microphone and identify themselves. Ms. Seretta Fielding, Seal Beach Boulevard, said she favors this project, she owns a business on the Boulevard and still supports the project. Ms. Fielding said there are many constraints on the 200 block of the Boulevard, there used to be the Shore Shop at one end, the Bay Motel at the other end, that brought in business, those properties have now become residential, what is left is the isolated 200 block that has been left in the middle. No one that has a business is being asked to change anything, they are being grandfathered in, the request is for the opportunity for some changes on the block to residential, one of the major reasons for asking this is that there is no Limited Commercial funding available, for twenty years the block has not improved, there has not been one thing built in twenty years, the reason is that one can not obtain financing on Limited Commercial because for most commercial you need a $500,000 loan, there is nothing that 1 11 1 qualifies for that on a twenty -five by one hundred foot Page Nineteen - City Council Minutes - April 14, 2003 • lot, there is no Limited Commercial money available, no one is loaning on Limited Commercial property, at the time the Limited Commercial went in there was, the interest rates were also sixteen percent, there is nothing now. Ms. Fielding said the desire is to allow residential so that loans could become available for people to improve their property, one thing that is a must is that when the Zone Change is adopted it must say 'Limited Commercial and /or Residential,' the reason that it must say that is because when the appraisers look at the plot map they go by how the area is zoned, and if it does not have the residential zone they will again not be able to loan money on the Boulevard, her feeling is that this change will improve the area. Ms. Fielding stated she was speaking on behalf of Mr. Grossgold as well, unable to be present, who also owns property on the street and favors the project, this has taken twenty years and the people would like to see this approved. Ms. Fielding noted also that every business on the street has front parking, twenty -four minute parking areas, and every business on the street, except for herself, has parking in the rear of their business. Mr. Mario Musso, Ocean Avenue, noted having appeared before the Council about four years ago when the Shore Shop property that he owned in the 300 block was rezoned to residential, and stated he was present to lend his support for the rezoning of Limited Commercial /Residential for the remainder of the block for a number of reasons, it will give the property owners the latitude, ability, and right to optimize and maximize the use and value of their property, that will not only • increase the tax base for the City but more importantly it will improve the visual impact of the street. He requested that the Council this change of zoning and in turn improve one of the gateways into Old Town Seal Beach. A man addressed the Council indicating that he represents the owner of the property at 233 Seal Beach Boulevard, the prior veterinarian building and the two adjacent lots, the property has been listed for two and a half years, it had been in escrow at a price of $650,000, after being in escrow for considerable time that transaction fell apart because the purchaser, an experienced builder, could not obtain L -C money, until about four or five weeks ago he in excess of ninety to one hundred ten verbal inquiries on the property, as a realtor he had to explain what L -C was, but nothing came to fruition because of the lack of funding, since the Planning Commission voted to allow R -1 or an overlay of R -1 he now has four builders vying for this property, they will take it under most any condition, the offers now are at $1.050 million, every offer that has come in has a letter of pre - qualification from a bank, the economics of the market show that as L -C there was no money, as R -1 people are competing to purchase this property, the rule of economics is proving that this is the best use of the land. Mr. Greg Miller, Seal Beach Boulevard Bike Shop owner, claimed that the mind of the prior speaker is just to make money, he does not live in town, owns no property, his reference was to R -1 yet it is not going to be changed to R -1, it is L -C with an added residential component. The • first page of the agenda item gives a description of all the things that will be said in that packet, staff has said Page Twenty - City Council Minutes - April 14, 2003 there is nothing that shows an economic problem, yet the 1111 big problem is parking, the alley that was referred to one can not get into or out of, it is extremely narrow, it is one way, one can hardly make a turn at the end. Mr. Miller stated that this street has so many problems, they have been heard over the years, the Council does not want to . listen. He said Councilmember Campbell was right, there can not be diagonal parking, there is a twenty foot bike lane on the other side that is not used, it is a waste of roadway, but the Council made the decision, narrowed the road with him fighting against it, but now it can be seen that the road is a mess, he had Captain Schaefer look at the parking violations this evening, there were many, cars are parked in front of their driveways; that is illegal, he is going to make a recommendation, he would personally not be against it but it is a violation, now they have to move their car, that is three cars, approximately seventy -five feet of road that was not taken up before. He claimed there is a very small amount of green zone, there is a thirty -five mile an hour speed limit which means you can legally go forty -five miles an hour, that is in the area of a pre - school, it is a main gateway to Seal Beach, that room is needed for emergency vehicles, etc., parking is a problem, if houses are built it was said that it would bring taxes into the City, yet it is commercial where the City makes money, not residential, the Council has destroyed that street and that is why the lenders do not want to help out, who would want to live on that street, a street that has that many vehicles, approximately ten thousand vehicles a day, the street is meant for 1111 commercial. Mr. Miller stated that he is commercial, he is staying there, other commercial businesses are intending to stay, the big problem is parking, to have the Police Department enforce the seventy -two hour parking does not solve the problem, the first speaker has five cars of her own that are parked on the street every day, that is five parking spaces, her school people take up his customer spaces all times of the day, if one drives that street in the morning it is loaded with cars, if more houses are built it will fill up because people do not use their garages in this town, the issue of parking should be looked at before this is approved, that is why the Planning Commission forwarded the prior agenda item to the Council, parking is a major problem that needs to be figured out before a decision on this item is made. He concluded that there are a few that have worked in this community for a long time, supported the community, and he would like some support in return, a better way of life for this town. Ms. Seretta Fielding, Seal Beach Boulevard, was allowed the opportunity of rebuttal. Ms. Fielding stated that what is before the Council is an issue of rezoning to residential, not an issue of parking, the primary issue is to rezone so that people can obtain loans, the rest can be taken care of later, and pointed out that no other businesses are present complaining about the parking. There being no further comments, Mayor Larson declared the public hearing closed. Councilman Antos mentioned that there was a request, assuming this is approved, that there be some notation on 1111 the zoning map indicating that this is an L- C /RMD, Page Twenty -one - City Council Minutes - April 14, 2003 • Residential Medium Density, zone. The Director confirmed that that is the proposal for the General Plan Amendment and the Zone Change to change the designation on the map so that it will show L- C /RMD. With regard to the alley between 17th Street and Seal Beach Boulevard, Councilman Antos inquired as to its width, the Director responded that it is twelve feet. Councilman Antos stated that for a number of years he lived on 17th Street, on the alley, that he never had a problem bringing full sized cars down and from time to time he used a motor home that was approximately twenty -eight feet long, he did not have a problem making the turn from the alley onto Landing. Councilman Yost offered that this is somewhat frustrating, said one of his failures while on Council is not having stopped the change of zoning from commercial to residential of the Musso property, no one takes out residential to put in commercial, commercial is what makes a City function in terms of funding, however at this stage he does not know what else could be done in this particular area. In response to an inquiry of Council, the City Attorney advised that a motion to adopt the staff recommendation would be sufficient for this meeting. Antos moved, second by Campbell, to approve the staff recommendation to adopt Negative Declaration 03 -1 by Resolution Number 5125 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION NO. 03 -1, RELATING TO GENERAL PLAN AMENDMENT 03 -1, ZONE CHANGE 03 -1 AND ZONE TEXT AMENDMENT 03 -1, IN THE • CITY OF SEAL BEACH, CALIFORNIA (SEAL BEACH BOULEVARD ' BETWEEN ELECTRIC AVENUE TO 125 FEET NORTH OF LANDING AVENUE)," and adopt General Plan Amendment 03 -1 by Resolution Number 5126 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 03 -1, AMENDING THE LAND USE AND HOUSING ELEMENTS (LIMITED COMMERCIAL/ RESIDENTIAL MEDIUM DENSITY GENERAL PLAN REVISIONS)," and adopt Zone Change 03 -1 by the introduction and approval of first reading of Ordinance Number 1499 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 03 -1, CHANGING THE ZONING DESIGNATION FROM GENERAL COMMERCIAL (C -2) AND LIMITED COMMERCIAL (L -C) TO LIMITED COMMERCIAL /RESIDENTIAL MEDIUM DENSITY (L- C /RMD) AT 209 THROUGH 309 SEAL BEACH BOULEVARD," and adopt Zone Text Amendment 03-1 the introduction and approval of first reading of Ordinance Number 1500 entitled AN ORDINANCE OF THE CITY OF SEAL BEACH CHANGING THE DESIGNATION OF THE LIMITED COMMERCIAL (L -C) ZONE TO THE LIMITED COMMERCIAL /RESIDENTIAL MEDIUM DENSITY (L- C /RMD) ZONE AND REVISING THE DEVELOPMENT STANDARDS OF THE LIMITED COMMERCIAL /RESIDENTIAL MEDIUM DENSITY (L- C /RMD) ZONE (ZONE TEXT AMENDMENT NO. 03 -1." By unanimous consent, full reading of Resolution Number 5125, Resolution Number 5126, Ordinance Number 1499, and Ordinance Number 1500 was waived. • Page Twenty -two - City Council Minutes - April 14, 2003 AYES: Antos, Campbell, Doane, Larson 1 11 1 NOES: Yost Motion carried PUBLIC HEARING - SUPPLEMENTAL LAW ENFORCEMENT GRANT - STATE COPS FUNDS - 2003/2004 Mayor Larson declared the public hearing open to consider acceptance of funds provided under AB 3229 and the proposed expenditure of same. The City Clerk certified that the notice of public hearing was advertised as required by law, and reported no communications received relating to this item. The City Manager explained that it is necessary to hold a public to accept and allocate the State COPS funds, these are the grant funds for 2003/2004, an amount of $100,000 is anticipated to cover the costs associated with an additional police officer or backfill the position through assigned overtime to continue the community policing efforts. There being no comments from the public, Mayor Larson declared the public hearing closed. Yost moved, second by Antos, to approve the acceptance of the 2003/2004 Supplemental Law Enforcement (State COPS) funding of approximately $100,000, that the established SLESF be authorized to accept such funds, and that approval be given to allow the Police Chief to expend the funds as detailed in the staff report. Councilman Doane expressed his opinion that a decision should be made as to whether these monies should be used for overtime or to fill one of the four vacant positions on the Police force, that should be incorporated into the • 1 11 1 approval as to what the funds will be used for, he does not like the options nor paying a premium for fatigue hours, with the retirements that are coming up this year he feels the City should seek additional officers so that they can be trained, he would like to have the motion amended to include specifying that it includes hiring another officer as opposed to using the money for overtime. The City Manager responded that there are retirements forthcoming, he would like to see how many will opt for the three percent at fifty, just like the restructuring plan that has been on the Council agenda, and like the one that was done in the Public works Department, a comprehensive report will be brought to Council identifying where the staffing is, how it is to be paid for, his concern is piecemealing. Councilman Doane said if this is approved then will staff bring back a report as to how the grant monies are proposed to be spent. The Manager responded in the affirmative, reminded also that the hiring freeze is still in place, a -staff report will be prepared to identify how many of the positions are proposed to be filled, how they are to be filled, the Council needs to made those decisions. Councilman Doane stated he would have no objection provided the Council has a voice in how the money is to be spent. Councilman Antos said as people retire is staff going to prepare a policing needs report to show what the retirements do, what staffing there is, what staffing there should be, and a direction for the future. The Manager responded that what is being worked on is a determination as to what is the bare minimum, the core services, the Council will be made aware of the minimum staffing at which 1 11 1 point the Department can not fall below and legitimately Page Twenty -three - City Counnil Minutes - April 14, 2003 • say that the City has a Police Department that is functioning, the staff will be built from there in increments, at some point'the Council will decide to stop at a certain staffing level or at the core service level, the Council will be given a range of what is desired to be added. Again it is necessary to know what the retirements will be first. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried PUBLIC HEARING / ORDINANCE NUMBER 1501 - ZONE TEXT AMENDMENT - GARAGE SIZE LIMITATIONS Mayor Larson declared the public hearing open to consider a limitation on garage sizes. The City Clerk certified that notice of the public hearing was advertised as required by law, and reported no communications received. The Director of Development Services reported that this Zone Text Amendment is presented on the recommendation of the Planning Commission at their meeting of December 4, 2002, the basic purpose of the amendment is to require in the future that if persons wish to propose to develop a garage on their property that has a capacity greater than three cars that a public hearing before the Planning Commission and Conditional Use Permit would be required. He noted that a problem when there are very large garage structures proposed is the concern that portions of those areas could ultimately be converted to some sort of a non - permitted residential use of the property. There being no comments • from the public, Mayor Larson declared the public hearing closed. Antos moved, second by Yost, to approve the introduction and first reading of Ordinance Number 1501 as presented. The City Attorney advised that some minor clerical corrections will be made to the Ordinance. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. COUNCIL REPORTS Councilman Yost requested that a proclamation be prepared to declare August 27th as Red Car Day. He also requested that staff look into some signage for the Red Car, the Car a large piece of Seal Beach history and maintained nicely as the Red Car Museum, a sign similar to the sign for Main Street yet without causing a great deal of expense, any support for the Historical Society and Red Car would be appreciated. Councilman Yost also noted that he would not be present for the next Council meeting as he would be attending a medical conference. Antos moved, second by Larson, to excuse the absence of 1111 Councilman Yost from the next meeting. Page Twenty -four - City Council Minutes - April 14, 2003 AYES: Antos, Campbell, Doane, Larson, Yost 1 11 1 NOES: None Motion carried 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 Monday, April 28th at 5:00 p.m. to conduct a Council workshop and meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 9:13 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 11 1 1 11 1 •