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HomeMy WebLinkAboutCC Min 1999-05-10 4-26-o(D I 5-10-99 Russell Dicks of the City's disposal service will be speaking to that issue, and encouraged all residents to watch and listen. With reference to Mr. George Briggeman, it was said it is believed he continues to have a connection with the Briggeman Disposal Company. Councilman Doane mentioned how obvious the sidewalk problems on Main Street are when one sees the street vacant of cars, as he did this past weekend, to which he said that sidewalk problem must be tackled. I CLOSED SESSION The City Attorney announced that the City Council would meet in Closed Session to discuss the items identified on the agenda, conferences with legal counsel with regard to two potential cases of anticipated litigation pursuant to Government Code Section 54956.9(b), and existing litigation pursuant to Government Code Section 54956.9(a) in the cases of Los Alamitos versus City of Seal Beach and League for Coastal Protection versus the Coastal Commission. The Council adjourned to Closed Session at 9:05 p.m. and reconvened at 9:44 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported that the Council gave direction on one item, no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 9:45 p.m. clerk I Attest: Approved: Seal Beach, California May 10, 1999 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Yost calling the meeting to order. Councilmember Campbell welcomed Girl Scout Troop 1441 of College Park East who led the Salute to the Flag. The Scouts introduced themselves, Councilmember Campbell presented each with a commemorative Seal Beach pin, noted that they assisted with the recent 10K run as well, and thanked them for their attendance. Councilmember Campbell offered that this type of participation is a continuing effort to introduce youth to their City government. I 5-10-99 ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Ms. Stoddard, Director of Administrative Services Mr. Dorsey, Assistant to the City Manager Ms. Beard, Director of Recreation and Parks Mr. Dancs, Assistant City Engineer Ms. Yeo, City Clerk PRESENTATIONS I EMPLOYEE RECOGNITIONS The Director of Public Works presented City tile plaques to Mr. Dan Davis of the Public Works Beach Crew, and Mr. Dennis Root of the Public Works Street Crew in recognition of their twenty-one years of dedicated service to the community. Mayor Yost offered that one of the best things about Seal Beach is its long time employees, and commended their conscientious efforts and loyalty. NATIONAL PEACE OFFICERS' MEMORIAL DAY Mayor Yost read in full the Proclamation designating Saturday, May 15th, 1999 as "National Peace Officers' Memorial Day." Chief Sellers explained that on the average there is one law enforcement officer killed every other day in the United States, the first known was a United States marshal in 1794, unfortunately since that time over fourteen thousand police officers have been killed while on duty, California having the highest death rate with over twelve hundred, including Seal Beach Officer Clavell killed August 23rd, 1988 while attempting to halt a traffic offender. The Chief expressed appreciation for recognizing the Department and law enforcement throughout the United States, and announced this as "Blue Ribbon Week," requesting that the Blue Ribbon pins be worn in memory of the officers that have given their lives. Mayor Yost requested a moment of silence in recognition. I ANNUAL MAYOR's DUCK-A-THON Mayor Yost noted the upcoming 15th annual Duck-A-Thon to be held in Huntington Beach, and in the absence of the Mayor and Mayor ProTem, Councilman Boyd will represent Seal Beach at this event which is to benefit childrens charities. Mr. George Cross introduced Papa Duck, stating they were present to represent the Huntington Beach Community Clinic Support Group, the Clinic a non-profit health care center that provides high quality primary and preventative services to area residents who might not otherwise have such care available, one of the few remaining clinics in Orange County, last year accommodated over thirty-five thousand patient visits and more than seven thousand five hundred outreach contacts, the patients charged on a sliding scale to insure that income or lack of insurance is not a factor with regard 5-10-99 to care. He said the Duck-A-Thon is a major fund raising event, for a contribution of $10 the small rubber ducks are launched from the Huntington Beach Pier, the first thirty- five to shore are awarded prizes, the corporate participants purchase a larger yellow duck for $100 each, the winner receiving the Golden Duck Award, and last year the Mayor's challenge race was added, the prize being the Good Egg Award. Mr. Cross presented Councilman Boyd with his racing kit consisting of race instructions, support petitions, a banner in need of decorating, the racing duck ready for training and with its makeup kit for duck decorating, and requested that the contents of the kit be brought to the event next Saturday. Mr. Cross was thanked for his presentation. I APPROVAL OF AGENDA The Mayor announced that Councilmember Campbell requested to make a comment prior to Public Comments, and Councilman Snow requested that Item "J" be removed for separate consideration. Councilman Boyd requested that Item M-1, the Storm Drain Master Plan, be removed from consideration and continued until the next meeting, that the Fiscal Workshop be continued until Monday, May 17th at 7:00 p.m., and that the Workshop be televised. Councilmember Campbell suggested 7:30 p.m. Mayor Yost expressed his opinion that people tend to be more relaxed in a round table setting rather than the Council sitting at the dais. The Council agreed by consensus with the round table concept, and confirmed May 17th at 7:30 p.m. Councilman Boyd extended an apology to the public, it was expected that the budget item would be discussed this evening however the document was not provided the Council until this date, and stated that henceforth if documents are not delivered with the agenda packet they will not be heard and will be continued. Councilman Doane requested that Item "H", the Zoeter Skate Park Regulation Ordinance, be removed from the Consent Calendar. The Mayor advised a member of the audience that Item "R", Ordinance Number 1419, would be discussed under Continued Business. Boyd moved, second by Campbell, to approve the order of the agenda as revised. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried Councilmember Campbell recalled that at the end of the last meeting she had announced that the trees on the golf course were going to be taken down. She toured the property today with the arborist and a member of the Tree Committee, stated that all of the trees that were removed were outside the forty foot setback of the windrow, noted that the City has mandated that seventy percent of the windrow will stay, disturbing is the fact that the arborist has found that most of the trees have been infected with a pest that attacks this species of eucalyptus, the trees have not been properly maintained over their life, they were topped some years ago which weakens the side limbs, and there has been availability of water from only one side. Councilmember Campbell said a workshop is being scheduled for the Tree Committee to develop a plan for future care of these trees, that workshop scheduled for Thursday, May 20th at 7:30 p.m. in the Council Chambers, invited any interested person to attend, and requested that there be available a large site plan of the grove area and a diagram of the meandering path that is to go through the trees. Councilmember Campbell reported having met with the traffic engineers this past week relative to the location of the driveways for the Bixby project to which they will be responding. I 5-10-99 I ITEM "J" - MEMORIAL DAY SPECIAL EVENT This item relates to the use of Eisenhower Park for a special Memorial Day event. Councilman Snow recognized the presence in the audience of several members of the Veterans of Foreign Wars and the American Legion, noted that there has been some comment regarding approval of this request, and assured that this will be authorized. Mr. Jim Mueller, Leisure World, the member adjutant of Post 4048, for several years the Post has used Eisenhower Park to perform the ceremony of placing a wreath at the existing monument, that monument placed there by the American Legion after World War II, that Legion Post no longer exists, yet the Park has been used for the ceremony for some time, last year they joined with Legion Post 857 to make this a larger event, the Marine Corps Drill Team came, posted the colors, and there was a twenty-one gun salute. Last year, for the first time, they were advised to seek approval from the Recreation Department due to the use of firearms, that was granted, the ceremony is the same this year except that it will begin at 1:00 p.m. rather than 11:00 a.m. Council indicated they did not believe it had been denied, rather, special event requests now automatically come before the Council. Mr. John Nevin, stated he is a member of the Leisure World American Legion Post 327, recalled that what was known as Seal Beach Post 300 was considered the greatest in Orange County as far as veterans hospital work, they were small but worked very hard. Mr. Nevin urged approval of this request. Snow moved, second by Boyd, to approve the request of Veterans of Foreign Wars Post 4048 and American Legion Post 857 to use Eisenhower Park for the Memorial Day service. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I PUBLIC COMMENTS Mayor Yost declared the Public Comment period to be open. Ms. Dorothy Whyte, College Park East, made reference to the workshop proposed by her Council representative regarding the trees, asked why a town hall meeting is not held for College Park East residents so that they can discuss the issue and learn what is going on in their district, it seems as if the tree issue is being made out as the fault of Bixby, which is not so, Bixby stated for years their willingness to work with the community and did so, suggesting that the Council representative could have voted for homes, could have worked with Bixby and the residents, with all of the effort that Bixby and the community put in, it is sad. Ms. Whyte took exception to what she deemed to be a negative reference to a College Park East resident in past campaign literature, and emphasized the need for an apology to that person. She requested that the development maps for the Bixby project be made available to the public, and again asked that a town hall meeting be scheduled for the benefit of College Park East residents. To a request of Councilmember Campbell to respond, Ms. Whyte said that would be out of order, reported that she has been informed she can not speak with her Council representative except at Council meetings, and should the representative be allowed to comment she too wanted the opportunity to respond. Mr. Reg Clewley, Catalina Avenue, claimed that he is being precluded from speaking to items on the agenda. He objected to Ordinance 1419 and ZTA 96-1, arbitrary, capricious, and without evidentiary support, therefore does not meet the standard of review for Zone Text Amendments. He claimed that language of Section 2 of the ordinance to the effect that certain decks have been in place 5-10-99 since prior to adoption of applicable Code requirements is false, stating that the applicable Codes were adopted in 1957, before the Hill houses, also, a statement had been made that the structures can not be grand fathered because none predate the applicable Codes. Mr. C1ewley also referred to Section 5(4) relating to the height of decks at 12.5 feet from the top of any required railing, suggesting that certain language be deleted and replaced by the word 'setback', and if that is done then that would constitute a taking as . structures are allowed to be 25 feet high inside the rear and side setbacks, people can not be told they can not build to 25 feet once they are out of the setbacks. Mr. Clew1ey requested that his letter of May 10, 1999 be entered into the minutes of this meeting verbatim, considered before any vote on this item, that his letter of May 4th to the Planning Commission be entered into the minutes verbatim, and said he would like the opportunity to go over both with the Council later in this meeting. In response to an inquiry of Councilman Boyd relating to the sand issue on the east beach, the Director of Public Works explained that the movement of sand is not complete, there is a dozer on site, the intent is to take the beach down another one or two feet to leave a minimum elevation of the crest of about ten feet above sea level, that will provide a buffer for high tides and an average swell, pointing out that six to seven foot tides have been realized in summer months with three to four foot swells, with that there would be a wave run up of about ten to eleven feet above sea level, the goal is a ten foot design elevation. Councilman Boyd reported receiving a number of calls for Seal Way residents for the reason that about ten years ago one could stand on Seal Way and see the ocean which is now only a sand berm and the horizon, yet it is understood that this is a safety and view obstruction issue, the perception of people being that safety is the only concern of the City, however his concern is not only with safety and views but with property values and rentability in that it is heard that there are units that can not be rented because of the lack of a view of the water. In response, the Director expressed his opinion that if the berm is reduced another two feet there will be a view of the water, one thing to be kept in mind is that there is now a wider beach, the high point is out further, with the elevation being sought staff feels it will be prudent enough to keep water from coming over the top during the summer. He said the elevation will be looked at further once the rise is lowered by the two feet. Councilman Boyd requested that he be notified before the tractor leaves the beach, his intent is to observe the height of the sand in order to respond to his constituents along Seal Way, it appears to be the consensus of most people in the area that as much sand as possible be pushed back towards the wall, retain as much sand as possible, maintain a safe elevation, yet make it a useful beach, he is looking to stand on the boardwalk and see the water. To prior comments, Mayor Yost inquired as to the availability of the Bixby tract maps for the public, to which the Director of Development Services responded that upon request of Ms. Whyte he place a copy of the map in the mail to her, about four or five are on file at City Hall for review. Ms. Liz Summerwood, Catalina Avenue, expressed her opinion that the proposed ordinance relating to decks is unfair, the rules should be applied to all people equally. Mr. Matt Carrol, Seal Way resident, inquired as to what is or is there a long term plan for the east beach in terms of changing the beach profile, something underwater, there were signs posted earlier in the year about a long term project yet nothing has been seen. The Public Works Director I I I 5-10-99 I stated there is no plan to construct something similar to an artificial reef, however there is a demonstration project that may move forward for Surfside that mayor may not be an option for the east beach as well. He pointed out that the project just completed fulfilled a large deficit for sand, the recommendation of Moffat & Nichol has been to replenish by about ten thousand cubic yards per year to maintain the present width, that combined with an aggressive backpassing operation from the west beach back to the east beach, the plan is to manage the sand better than in the past. Councilman Boyd noted mention of the artificial surf reef proposed for Surfside, at the present time federal funding is being sought with the help of the congressional representatives, about a $7 million project which is gaining support because of being a demonstration project. He made reference to the San Gabriel River, the sides of which are filling up with sand, stating it is not believed to be a coincidence that some hundred cubic yards of sand was placed on the east beach and sand is now appearing in the River. Councilman Boyd said upon discussions with the Army Corp they have said that if sand is being lost from the beach or a portion of the beach and it can be demonstrated that it is going elsewhere, they would look further at doing a project similar to Surfside for the east or west beaches, it is believed that a means of verifying the sand movement is now being looked at in order to eventually seek an acknowledgement of responsibility, such plan would require more federal participation and cost sharing by the State and City. There being no further comments, Mayor Yost declared the Public Comment period to be closed. I RESOLUTION NUMBER 4704 - OPPOSING IRVINE ANNEXATION - EL TORO MARINE CORPS AIR STATION and MUSICK JAIL Resolution Number 4704 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CIT OF SEAL BEACH, CALIFORNIA, OPPOSING THE PROPOSED CITY OF IRVINE ANNEXATION OF EL TORO MCAS AND THE MUSICK JAIL." By unanimous consent, full reading of Resolution Number 4704 was waived. Councilmember Campbell mentioned that this item too relates to an El Toro airport whereby the City of Irvine is pursuing the annexation of a part thereof, if that should occur it would place the airport use in a stalemate. She emphasized the importance of the passage of Resolution Number 4704 and so moved. Councilman Boyd seconded the motion. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried Councilmember Campbell requested that the Resolution be forwarded to Ms. Peggy Ducey, City of Newport Beach, the following day. I CONSENT CALENDAR - ITEMS "c" thru "K" Boyd moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented, except for Item "H", removed for separate consideration, and it is hereby noted that Item "J" was acted upon at the beginning of the meeting. C. Approved the waiver in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the 5-10-99 reading of such ordinance or resolution. D. Approved regular demands numbered 23151 through 23338 in the amount of $682,142.96, payroll demands numbered 3431 through 3589 and 27644 in the amount of $158,730.89, and authorized warrants to be drawn on the Treasury for same. I E. proclaimed Wednesday, May 12th, 1999 as "Fibromyalgia Awareness Day." F. Adopted Resolution Number 4705 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING SALARY FOR THE POSITION OF PART-TIME POLICE AIDE." By unanimous consent, full reading of Resolution Number 4705 was waived. G. Approved Amendment No. 2 to Agreement No. C-8-0197 between the Orange County Transportation Authority and the City of Seal Beach for Senior Nutrition Program transportation services, said Amendment reflecting an increase of transportation fees, and authorized the City Manager to execute said Amendment on behalf of the City. I. Approved the request of the Seal Beach Chamber and Business Association to revive the United Way Sand Castle Contest to be held on September 11th and 12th, 1999. I K. Approved the minutes of the regular meetings of April 12th and April 26th, 1999. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" - ORDINANCE NUMBER 1445 - SKATEBOARD FACILITY REGULATIONS Ordinance Number 1445 was presented for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 15C TO THE CODE OF THE CITY OF SEAL BEACH PERTAINING TO THE USE OF ZOETER PARK SKATE FACILITY." By unanimous consent, full reading of Ordinance Number 1445 was waived. Councilman Doane noted the Talk of the Town Show on this past Thursday hosted by Mr. Stan Anderson during which there was discussion of the skate park with his guests Ms. Beard and Mr. Cassel, Mr. Cassel being a professional skater and an instructor at the skate facility, of which the City can be proud. He mentioned that the skate park did cost the City some money, there was a donation of time and volunteer work as well, suggesting that the young people also owe the City something in the form of respecting the skateboard laws that are in effect in the community and that skateboarding be confined to the Park in that he continues to see skating on Main Street and in the area of the pier, these are areas where it is not allowed, and citations will be issued. Councilman Boyd mentioned that shortly after approval of the Skate Park in Seal Beach, the cost of which was about $2,000 and most likely recovered by this time, he read of either Buena Park or Cypress that just recently spent $440,000 on I 5-10-99 I such facility. Mayor Yost said that the Under the Rainbow day care should be thanked for their patience while constructing the Skate Park, also conveyed some concern with a car parked near the facility with youths inside that portrayed a less than desirable image. The City Attorney recommended that Section 5 of Ordinance 1445, relating to urgency adoption, be deleted. Boyd moved, second by Yost, to adopt Ordinance Number 1445 as amended. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I RESOLUTION NUMBER 4706 - TAX AND REVENUE ANTICIPATION NOTE - 1999/2000 Resolution Number 4706 was presented to Council entitled "A RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 1999/2000; THE ISSUANCE AND SALE OF A 1999/2000 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM." By unanimous consent, full reading of Resolution Number 4706 was waived. The Director of Administrative Services reported that this is a Tax and Revenue Anticipation Note generally sold for a twelve month term and covers the cash shortfall for the period of July through December when the first property tax payment is due, the TRAN bolsters cash flow and if all goes well there is an excess of interest earned over the interest of the note. It was confirmed that this program is jointly sponsored by the California State Association of Counties and the League of California Cities, the anticipated gain to the City for this TRAN is $26,000 over and above the cost of the Note. Boyd moved, second by Campbell, to adopt Resolution Number 4706 as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I STATUS REPORT - 4th / CENTRAL ROUNDABOUT / 5th STREET TRAFFIC CALMING PLAN Mayor Yost noted that this is in response to persons residing on 5th Street having concerns that traffic from 4th and Central will revert to 5th Street, they have inquired as to the long range plans, speed bumps, etc. The Public Works Director reported that bids are to be opened for the roundabout on May 19th, plans are underway to do something on 5th Street, the speed survey on 5th Street has been done, it was found that the eighty-fifth percentile speed is closer to thirty rather than twenty-five miles an hour, thus there is some need to slow traffic, one thing being looked at is a possible necking down at the entrance to the area at 5th and Marina, that would narrow the travelway which tends to make speeding uncomfortable, several options will be looked at, this concept would also act as an entryway to let motorists know that they are entering a residential area. He noted that this is a line item in the budget and if approved this improvement could go forward by summer or early fall as there is an advanced design. The Manager mentioned the addition of a traffic officer position, that person will be dedicated to enforcement of speed limits. Councilman Boyd said he was pleased that 5th Street is being dealt with at about the same time as the roundabout, yet he wanted to be assured that if improvements are going to be done to the 5th/Marina corner, where a necking down usually involves a larger planting area, that money is spent to put in appropriate trees and plants to create a visual effect so that people lower their speeds on 5-10-99 5th Street. The Director responded that part of the strategy of traffic calming is the creation of an enclosed feeling. Councilman Boyd noted too that as the City moves forward with bike trail improvements, part of that involves the Marina Drive greenbelt, the intersection will be addressed and possibly some reconstruction efforts will be made. The Director said the intent is to look at as much of that entire picture at one time as possible, possibly some of the Marina Drive improvements could be included now, once the roundabout is in there will be continued monitoring of the traffic numbers and speeds and to make certain that problems are not being shifted to other areas. with regard to the use of speed bumps, the Director said considerable research has been done on them, a number of cities have gone with a newer design of speed bumps, longer and flatter, yet some cities that developed speed bump programs have now abandoned them as they are finding out that they cause as many problems as they cure, for instance police and fire departments have considerable problems with emergency vehicles, also, research has shown that although speeds may be slowed somewhat in the vicinity of bumps in mid-blocks the speeds actually rise, another problem, especially in Seal Beach, is drainage, the bumps restrict the ability to drain the street, also, in some places they have become attractive nuisances, being fun to skateboard and rollerblade over, yet that attracts children to play in the street, the policy in Seal Beach has been no installation of speed bumps or humps and it is felt the other traffic calming methods are the correct direction. Councilman Boyd mentioned his experience with the Fire Department, explaining the difficulty for heavy fire equipment to continuously slow and speed up as they do with speed bumps, also, the Fire Authority does oppose them. Councilman Doane recalled that the issue of the 4th/Central intersection came up as a result of people wanting a stop sign at that location, and requested the history as to why that is not being considered. The Director responded that the State has certain criteria that must be met to install a stop sign, in order to be legal and have an enforceable intersection the minimum State criteria must be met, different criteria could be developed but would require findings that would be upheld by a court. He acknowledged that there are residential speed problems allover the City in various neighborhoods, just enough to give concerns to the residents, there are other methods that cities are trying to reduce residential speeds, the traffic calming methods seem to be working in that they not only reduce speeds but add amenities that improve the quality of the City. Councilman Boyd mentioned that this may not be the only roundabout in the City at some point, the idea is to improve an area and make it safer. It was the consensus of the Council to receive the verbal report. I I PUBLIC HEARING - ZONE TEXT AMENDMENT 99-1 / ORDINANCE NUMBER 1446 - NUMBER OF STORIES - COMMERCIAL ZONES Mayor Yost declared the public hearing open to consider Zone Text Amendment 99-1 relative to specifying the permitted number of stories within the various commercial zones of the City. The City Clerk certified that notice of the public hearing had been advertised as required by law, and report no communications received relating to this item. The Director of Development Services presented the staff report, noted that this matter came about as a result of an issue in 1998 with regard to the construction of a three story building in the 300 block of Main Street, at that time the Council requested a status report regarding how the number of stories I 5-10-99 I of buildings in the City are regulated, until this point commercial buildings have been regulated by the overall height of the building, there are no limitations as to the number of stories of usable space that can be located within a building as long as it meets standard building code requirements. He noted that the staff report explains that the current height limits in commercial zones are either thirty or thirty-five feet, within that area there could be a three story structure and meet all building code requirements. The staff and the Planning Commission are recommending a limit for new buildings on Main Street of two stories, also, that no mezzanines be allowed in the Main Street Specific Plan area, as defined by the building code a mezzanine is a usable area however not counted as a story. In summary, the recommendation is that new buildings on Main Street be limited to a two story structure, it would not change the overall height, just limit the number of stories, that three story structures be permitted for the other commercial areas of the City, the primary difference is that Main Street is a much older commercial area, there are different parking issues on Main Street not only due to the development standards but tourism in the beach area, it was felt that to have the ability to add a story for each of the Main Street lots would be inappropriate due to the parking demands that the area currently experiences. Councilmember Campbell noted that Planning District One is Old Town, inquired as to what constitutes District Two, to which the Director explained it to be the Pacific Coast Highway commercial area, the C-1 and C-2 zones in the City, includes Leisure World and Rossmoor shopping centers. In response to Councilman Boyd, the City Attorney confirmed that the ordinance as proposed is enforceable. There being no public comments, Mayor Yost declared the public hearing closed. I I Boyd moved, second by Doane, to approve the introduction of Ordinance Number 1446 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ~NDING CHAPTER 28 (ZONING) OF THE CODE OF THE CITY OF SEAL BEACH REGARDING HEIGHT PROVISIONS OF ALL COMMERCIAL ZONES WITHIN THE CITY TO SPECIFY A MAXIMUM NUMBER OF STORIES (ZONE TEXT AMENDMENT 99-1)" and that it be passed to second reading. By unanimous consent, full reading of Ordinance Number 1446 was waived. Councilmember Campbell inquired as to what buildings exceed thirty feet. The Director responded that the building located near the intersection of Seal Beach Boulevard and Beverly Manor is probably between thirty to thirty-five feet, possibly one building in the Rossmoor Center, most are about thirty feet. Given the few structures that exceed thirty feet, Councilmember Campbell asked why then should the City have a thirty-five foot limit, rather, limit the height to thirty feet. The Director suggested that commercial building heights could be referred to the Planning Commission for review. The City Manager suggested that prior to referring to the Commission that staff be directed to bring back a summary report as to those buildings over thirty feet, also, there could be some architectural ramifications to consider, that such report would entail some field work and building permit review. To that the Council agreed to a report back by possibly early July. Vote to approve the introduction of Ordinance Number 1446: AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried 5-10-99 PUBLIC HEARING / RESOLUTION NUMBER 4707 - VESTING TENTATIVE TRACT MAP 15797 - BIXBY OLD RANCH RESIDENTIAL DEVELOPMENT Mayor Yost declared the public hearing open to consider Vesting Tentative Tract Map No. 15797, Bixby Old Ranch 15.64 acre, 75 lot residential development. The City Clerk certified that notice of the public hearing had been advertised as required by law and reported having received no communications relating to this item. The Director of Development Services explained that this item relates to the approval of the Vesting Tentative Tract Map for the residential component of the Bixby project approved by the Council in November, 1998, this the preliminary approval for the subdivision design of the residential development, it is the northerly 15.64 acres of the site, the project fronts along Seal Beach Boulevard, bounds the north side of the proposed shopping center and along the boundary of the existing residential homes in Los Alamitos, the residential development does wrap around the back of the commercial center and proposed public park area as shown on the map in the Council packet and posted for information purposes. He pointed out that a Tentative Map is not the final approval of the subdivision plan for the property but does tell the developer that final approval is subject to the conditions contained in the Tentative Map, there are one hundred one conditions placed upon this application, the majority of those are mitigation measures that were imposed by the Council at the time of the certification of the Environmental Impact Report for the project, land use entitlements, and other approvals that were granted by the Council, additional conditions are from the Development Services and Engineering Departments and are more technical relating to map approvals, posting of bonds, etc. that are required for any subdivision in the City. The Director reported that the basic request is to subdivide the site to create seventy-five home sites for future residential construction and development of a private roadway system to service that residential area, the minimum lot size is 4,200 square feet, the average lot size is approximately 4,900 square feet, explaining that for this zoning classification of Residential Medium Density the minimum lot size is 2,500 square feet, thus the lots are over the minimum requirement for that zoning designation. He pointed out that the Development Agreement specified a maximum of ninety lots to be created, seventy-five of those allowed to be residentially developed, the other lots include the park area at the rear of the property, the roadway system, and a lot that will be dedicated to the City for the purpose of the police service facility and the cable television studio, that lot located along Seal Beach Boulevard at the southwest corner of the site. The Director noted that the Map complies with City standards for lot size, lot areas, lot widths, frontages, widths of streets, and the Planning Commission recommended approval of the request on a four to one vote. He mentioned that the park area dedication exceeds the City requirement by about seventy percent, the standard of the City would be about fifty-seven thousand square feet, the proposal is ninety-nine thousand square feet of park in addition to a number of landscaped areas that are not part of that park land, there is a substantial greenbelt setback area that is not included in the park footage also. The Director noted that an issue that came forth at the Planning Commission hearing was access from the residential tract into the shopping center, the staff report includes a revised schematic drawing showing a driveway connection from the residential, behind the lot that the City will control for the police facility, coming directly into the shopping I I I 5-10-99 I center parking lot, a one way only entrance to the center, not allowing exit directly back into the residential neighborhood, a map provided also for emergency vehicle access that the Fire Department will require, that access located at the rear of the shopping center. Mayor Yost recalled that the Development Agreement provided that the interior walls of the commercial had to be permitted before commencing development of the commercial. The Development Services Director confirmed that to be true, commencement of the interior drywall work on the commercial structures before building permits are issued for the residential. Councilmember Campbell mentioned that her meeting with the traffic engineers related to a different issue, her concerns with this were the crash gate at the back and the second access in and out of the tract, with regard to the secondary entrance, inquired if this is a gated community, the response was that it is, the entry into the commercial center from the residential is by an activated gate, yet will not allow traffic from the shopping center back into the residential, that access back will be from Seal Beach Boulevard. Councilman Boyd inquired as to the width of the streets, will there be parking on both or just one side. The project engineer responded that the street width is thirty-six feet and is believed will permit parking on both sides. I Mayor Yost invited members of the public wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. Ron Bradshaw, Bixby Company, said there is not much detail to be reviewed on this Map, it is consistent with the Map reviewed by the Planning Commission with the changes noted by the Director in terms of access, and offered responses by the mapping engineer if desired. Ms. Dorothy Whyte, College Park East, said there appeared to be changes to the Map since last seen, asked if some of the residential parcels are going to be behind the shopping center, her recollection was that the fifteen acres was to be behind the Mobil Station, now behind the shopping center. Mayor Yost responded that the entire shopping area was moved north, away from St. Cloud, which then reduced the size of the northerly parcel that was to have been the church use, so then it extended somewhat behind the shopping center. The Director recalled that as part of the deliberations in November the Council had requested that the center be moved to the north of St. Cloud, that was about one hundred fifty feet, that reduced the area somewhat to where all of the homes could not be developed in a line with Seal Beach Boulevard therefore some of the residential was wrapped around the rear of the shopping center area, at the meeting where the final action was taken the developer had provided a revised Map that is in general conformance with this Map, and did show the wrap around of some of the homes, there are about twelve or thirteen home sites behind the center, the remainder are to the north. It was confirmed to Ms. Whyte that the Area D is the residential. Ms. Whyte questioned the existence of a map of the residential development, stated no map had been published, none in the library. The Director pointed out that the public hearing notice advises that the staff report and other materials are available for review prior to the hearing, maps are also provided in the agenda packet to each library. Councilmember Campbell said she had just questioned when housing had been placed behind the shopping center, her understanding was that the homes would be behind the Mobile Station, the concern had been with housing in the crash zone, acknowledged that the property had been moved north of St. Cloud, yet claimed that moving the I 5-10-99 residential to the rear of the center was not previously brought out. Ms. Whyte said she thought there was to be fifteen acres for homes, twenty-three acres for the Towne Center, then the acreage at the corner of Lampson. She was advised that the acreage was twenty-five and fifteen, as approved during the process, this Map is primarily the residential layout. Councilmember Campbell said she had thought the park was to have been wrapped around one side, now there are houses. Ms. whyte expressed her opinion that College Park East has been left out of the process again, noted that the Map shows no westbound movement at the corner of St. Cloud and Seal Beach Boulevard, asked if anyone ever considered the difficulty for people to get from Lampson into the Rossmoor Center, also asked if the driveways into the Center are going to be left as they currently exist. Being advised that this hearing relates to the Vesting Map, not driveways, Ms. Whyte claimed that the maps are difficult to read and understand, this seems to be subdividing, asked the location of the runway in relation to the homes, said the people expect to be informed yet they are not, again asking that there be a town hall meeting. Councilman Doane made reference to the public hearings on the Bixby project, his understanding was that to appease the wishes of the Rossmoor residents with regard to St. Cloud the entire project was moved northward, the houses were not moved into the commercial area, the commercial was moved into where the houses were going. Ms. Whyte asked if the residential is 7.5 acres, the Development Services Director responded that the entire parcel is 15.64 acres, that is the park area and homes, the residential lots are 8.462 acres, and confirmed that the police services site is a single lot adjacent to the Boulevard. Councilmember Campbell said in the first layout there was a large undeveloped area behind the shopping center, when the project was moved north she had expected that the difference would be taken from the commercial area, rather, that remained the same, the residential acreage also remained the same but the houses were then rapped around the area behind the commercial that was believed to have been a buffer, the concern was housing under the runway. It was confirmed that the police services building and cable studio are on a fifty by one hundred thirty foot lot, is shown on this Map, the remainder of the acreage consists of the private roadway system, the landscaped setback along the Boulevard, and the 2.5 acre park at the rear of the property. Ms. Whyte again expressed objection and requested that maps be made available. Mr. Reg Clewley, Catalina Avenue, made reference to the pending lawsuit relating to this development, stated that an EIR was not prepared for the residential component of the Bixby Towne Center development and recommended that this item be tabled until the courts resolve the issue. I I Mr. Bradshaw confirmed that when the church use was removed and the Council decided they wanted seventy-five residential units rather than a hundred and twenty-five that use had been studied under the EIR as an alternative project, it gave the appearance of pushing the residential to the south but the fact is that the residential to the south has moved very little, and is no closer to the historical flight path than the fifteen acres was when contemplated for a different use, the idea that the residential is moving into an area that was not reviewed is not accurate. With regards to the police substation and the community cable facility never being a part of the twenty-five acres, it was actually anticipated to go into the area that had previously been the bank building I 5-10-99 I that has been razed, as a result of moving the project north that building was then in the commercial area, the area designated is to the front and adjacent to the Boulevard, behind the Mobil Station boundary is where the residential begins, access to the police and cable facility is at the Rossmoor signal, the design for that facility has not been completed, its size may grow as it has been said to be inadequate, an architect is looking at that. Mr. Bradshaw stated that the plan has not been changed from what was approved by Council in November, the only difference is the precise site plan under consideration for seventy-five lots, which is under the permitted number of lots, includes the park area, the landscaped areas, the police facility, and roadways, it has been reviewed and there has been no attempt to change anything from what was previously approved, what is presented now is totally consistent with the approved conceptual plan except that the actual lots have now been dimensioned and surveyed for a precise layout which is a requirement of the Map. There being no further comments, Mayor Yost declared the public hearing closed. Councilmember Campbell mentioned that the residential plan was only looked at the night the vote was taken, prior to that it was the church, that is why it is being said that it was not studied, her belief is that people thought that the configuration would be the same, and given the concerns with houses at the end of the runway, asked why this configuration was not pointed out as cause and effect, because of moving one portion then something else happens. Upon looking at the concept initially she felt the park was wrapped around, now there are houses, again asking why the cause and effect relationship was not pointed out, the issue now is vesting, the configuration of the church site was rectangular, even with moving the project northward it was expected that the housing configuration would also be rectangular, it is not and was not pointed out. Mayor Yost said he had posed that exact question to the EIR consultant because he recognized that the configuration had changed from the rectangle with some wrapped around, he had asked specifically if there was any concern because of the flight path to which the response was no. Councilmember Campbell countered that what she had seen was the park area, she has looked at all of the maps, yet has never put the shopping center and residential maps together, and was not aware of this configuration until now. Councilman Boyd agreed that it was not there however is a cause/effect relationships that one runs into, yet if this is going forward the Council should be advised that if there are seventy-five lots some will wrap around. He mentioned though that the residential component was identified and looked at in the EIR as an option. Councilmember Campbell said that the acreage has been somewhat juggled, even though it was fifteen acres for church use then fifteen acres for residential, what was never seen was the final result, that is the cause and effect. Councilman Boyd cited this as the purpose of the review process, they could be told to remove a street or whatever, maybe they could accommodate less than this. Councilmember Campbell noted the original proposal for housing of one hundred twenty-five townhomes, the response was that is why seventy-five single family homes. The Mayor asked if this Map is consistent with the document previously shown to the Council, to that the City Attorney responded in the affirmative, however explained that it does not have to be, that is what the process is about, in November the Council approved a development agreement, concepts, zone change, and at that time staff advised that subdivision maps I I 5-10-99 would be submitted for consideration so that it could be seen where the individual lots would be, the same holds true with the commercial, it is zoned for commercial however the site plan will be submitted at a later date. He noted comments that people have not been involved in this process, to which he explained that notices are made, people are informed as to where the maps may been seen, and there are public hearings. To a question of the Mayor, the City Attorney confirmed that if there is a reasonable basis, the Council has the discretion to modify the Map. To the question again as to lot size, the Development Services Director advised that the minimum lot size is 4200 square feet, the average is 4914 square feet, the minimum lot size for the zone is 2500 square feet, one would be looking at different type of community with a 2500 square foot lot, it would be similar to the typical lots in Old Town, a 4900 square foot lot is about 100 square feet smaller than those in College Park East and West and the Hill, the lots in Rossmoor Highlands are 5000 to 5500 square feet. Councilman Boyd said he would not favor reducing lot sizes. I Councilman Boyd moved to approve Resolution Number 4707 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING VESTING TENTATIVE TRACT MAP NO. 15797 (BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN, DEVELOPMENT AREA "0")." Councilman Doane seconded the motion. By unanimous consent, full reading of Resolution Number 4707 was waived. Councilmember Campbell stated her preference to delete thirteen lots because of their location to the runway, again, the original concern was putting in homes against the air station within two thousand feet of the runway, instead put in more park acreage, the point in committing housing to the northern portion was that there would be no housing at the end of the runway, but that is what has been done, she would like the lots behind the shopping center deleted, that would be the east/west property line, this is still a portion of active runway. Inquiry was if this is about three hundred feet south of what was expected. It was noted that the commercial was moved one hundred fifty feet north so the area with housing would be about one hundred fifty feet south. Councilmember Campbell offered that you can not cram everything in, the intent was to keep housing away from the runway. Councilman Doane said it would be the same if everything had not been moved north. Councilmember Campbell stated there are six lots that should be removed, then relocate the park area. The Mayor asked if the intent was to have the housing in about the same area as was initially proposed for the church. At the request of Council, Mr. Bradshaw explained that the shopping center was moved north one hundred sixty feet, the housing did not slide down, there are about two to four houses that moved down, and reminded the Council that the Airport Land Use Commission approved this commercial project with the church institutional use as well as the previous all residential, that residential came all the way down to St. Cloud, according to the Airport Land Use Commission all of the projects were compatible, it was the City that determined to remove the church institutional use in deference to the surrounding communities that had objection to it, went from what was originally outlined as one hundred twenty-five units and reduced the residential to seventy-five units, therefore it is thought that it would be punitive and certainly very damaging for the City to now take an additional thirteen units from this plan, in fact he would I I 5-10-99 I first want to consult with the City Attorney regarding doing so given the development agreement and approvals received, it is not believed that that can be done on a discretionary basis. Councilmember Campbell again clarified that she had not attended that particular ALUC hearing as that could have meant a challenge of her City Council vote, the alternate, Marilyn poe of Los Alamitos, attended and did not speak in favor. Mayor Yost questioned if it was four lots that slid south as a result of the relocation. Mr. Bradshaw said he did not have the exact count, however could say that the map showing the seventy-five units was hanging on the Chamber wall on the night in November this project was voted on, also hanging at the next meeting when the entire project was approved. The concept of having seventy-five units was not something made in a vacuum, the plan diagram was hung along the side of the commercial plan, the larger plan depicted the church institutional use, the residential component was a near mirror image of this Map except that it was not an engineered drawing, this is not an issue of surprise to anyone, and again pointed out that in 1995 the all residential plan was at that time approved by the ALUC. Councilmember Campbell contended that the configuration that she saw was rectangular. Mayor Yost said he remembered it somewhat differently and not being rectangular. AYES: NOES: Boyd, Doane, Snow Campbell, Yost Motion carried I By unanimous consent, a recess was called at 9:06 p.m. The Council reconvened at 9:19 p.m. with Mayor Yost calling the meeting to order. BUDGET WORKSHOP It was again mentioned that the budget workshop had been tabled as to this meeting, that the City Clerk would be unavailable to attend on May 17th therefore an alternative date may be selected. I BEACH TRASH RECEPTACLE ADVERTISING The City Manager explained that the City joined this program with several other coastal cities in Orange County, this allows the placement of trash receptacles on the beaches with a corporate logo or advertising, a benefit to the cities, however with the condition that each City Council could determine whether the content, look, color, the material on the receptacles would fit in with their beach. He noted that a representative of the marketing coalition was present. The Recreation and Parks Director reported this to be a request for Council review of the next receptacle advertiser, Gatoraid. Stating he was expressing the views of his constituents, Councilman Boyd expressed his belief that the $2,000 realized annually for trash cans having a value of a little more than $4,000 with the advertising was far too little, it should be at least $20,000, his desire would be to reject the advertising thus conclude further complaints from residents, offers have been received from local merchants and manufacturers to supply empty plain barrels, again, reject the advertising and work with Adopt A Highway to come up with something more suitable. Mayor Yost suggested Councilman Boyd as a liaison with the company. The Mayor said he too received many phone calls objecting to the advertising on the beach, also, most of the employees have been with the City for many years, they take pride in their town and feel responsible for this unique community, and having the large corporate advertising does not give the image that people are 5-10-99 looking for. Councilman Boyd moved to reject the advertising, and work with Adopt A Highway to select something more suitable. Councilman Doane inquired as to the disposition of existing receptacles. The City Manager noted that some have been I removed or relocated already, some can be used temporarily until a new selection is made, and to the definition of temporarily he responded indefinitely. The Mayor pointed out the density of the receptacles as well, placed about ten feet apart. Councilman Boyd stated that advertising on the beach is something each one has an opinion about, perhaps the receptacles are not that vehicle, maybe lifeguard towers, entryways, and inquired if that would be something that Adopt A Beach would do with the cities. Mr. Dan Day introduced himself as the president of Adopt A Highway and Adopt A Beach, their programs include the signage that is seen along the highways for cleanup, graffiti removal, etc., the Adopt A Beach program in Los Angeles and Orange Counties includes the trash receptacles, also vehicles for use on the beach, all part of the coalition marketing agreement. He noted that the Surfriders Foundation are in favor of this program, their logo is shown on each of the barrels, cities that want pristine beaches with no receptacles will soon have trash and debris, and the best way to get involved to raise additional funds is to have an environmentally friendly receptacle, there is a wide range of organizations that favor this program that are environmentally conscious, and questioned the objection to the Gatorade ad. Councilman Boyd noted that I past and present opinions of the residents is that they do not want advertising on the trash barrels, and as to compensation, he made comparison to a one time full page ad in the local newspaper for $1,200 to $1,300, yet this program allows a hundred twenty-five trash barrels for $2,000 a year. Mr. Day said on a cost per thousand basis this is comparable, people pay for exposure, an ad in one week may hit thousands of people, it is not certain that much value should be placed on the trash cans. Councilman Boyd noted that a hundred twenty-five trash cans on the beach over a period of a year reach over two million people, the point is that the ads are not acceptable for an amount of $2,000 per year. Mr. Day pointed out that this program was approved unanimously by the City Council, the ads are approved from a reasonable persons view, asked for some feedback, is it the money, the advertising, what is the problem. Mayor Yost said to him the can size is fine, the fluorescent colors are probably not, preference would be colors that are environmentally oriented. A happier, light hearted ad was stated to the preferred by Councilmember Campbell. Mayor Yost suggested that Councilmembers Boyd and Campbell meet with the Adopt A Beach representative to look into a more acceptable type of advertising, and so moved. I Councilman Snow seconded the motion, and as requested by Councilman Boyd, the motion was amended to clarify that the proposed advertising was rejected pending such meetings. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried Mr. Day made reference to the rejection, stating that the agreement provides for so many days to approve the advertising based upon a reasonable persons viewpoint. 5-10-99 I ORDINANCE NUMBER 1419 - ZONE TEXT AMENDMENT 96-1 - REAR YARD DECKS Ordinance Number 1419 was presented for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 28-401 OF THE CODE OF THE CITY OF SEAL BEACH TO CONDITIONALLY ALLOW DECK STRUCTURES IN REAR YARD SETBACKS IN PROPERTIES IN THE RESIDENTIAL LOW DENSITY ZONE, DISTRICT V, WHICH ABUT THE HELLMAN RANCH OR GUM GROVE PARK (ZTA 96-1)." By unanimous consent, full reading of Resolution Number 1419 was waived. It was confirmed that the public hearing had been closed. Mayor Yost relinquished the conduct of this item to Mayor ProTem Campbell. Mayor ProTem Campbell mentioned that she has given this issue considerable thought, discussed some concerns with the City Attorney, one of her issues is safety, the most expedient way to have the decks inspected, the ordinance proposed sets forth a time limit of twelve months for the properties to comply therefore it could take up to the twelve months to have the decks inspected, she has been informed that if the existing Code prevails there would be immediate enforcement which in fact could involve prosecution, the procedure would basically be to meet with the property owner, they would apply for a variance, etc. Mayor Yost noted that if this remains status quo it would be the same as it has been for the past ten years, to that Mayor ProTem Campbell clarified that resulted because the Council chose to take no action or prosecute, again asking the most expedient way to bring the decks into compliance safetywise, existing Code or the proposed ordinance. The City Attorney advised it would basically be a four step process under the existing ordinance, under the proposed ordinance, if adopted, concurred that property owners would have twelve months to comply, this would be similar to the covered roof access process where there were one hundred forty property owners that made application to the Planning Commission, of those one hundred thirty-nine were approved, some with conditions, and one CRA was required to be removed. He noted that if the ordinance proposed is not adopted the issue would be status quo, the Council would need to give direction to prosecute those who have decks that have not been permitted, a meeting would be held with the property owner and advised to either remove the structure or apply for a variance, appear before the Planning Commission, if the Commission were unable to make the findings there could be an appeal to the Council, if the variance were denied, then the property owner would have the option to either take down the structure or go to court, the court process could be between three to nine months. Councilmember Campbell requested clarification that in either case the deck would not be required to be removed immediately, the property owner would need to come to the City, to that the City Attorney advised it would be to take down the deck or come to the City, also, it is the proposed ordinance that has the inspection process, under existing Code there would only be an inspection if a variance were granted with a condition for inspection, that would take four to five months. As to notification to property owners under existing COde, the City Attorney explained that Code enforcement is typically upon complaint, it would be the discretion of the Council to direct staff to investigate the decks that exist and notify the property owner of an illegal deck, the other option is by complaint. It was pointed out that there would be no inspection unless a complaint was lodged therefore the safety factor would be unknown. The City Attorney agreed that when the location of the decks are known letters could be sent to the property owners to come to the City, they would be treated the same as others who have I I . 5-10-99 built improvements without permit, confirmed that that process could take three to four months, in turn a Code enforcement action could be three to five months however in some cases they have continued for years. The Mayor noted that by that route nothing would be accomplished with regard to the retaining wall, terracing, or aesthetic issues, also, the requested clarification of the height issue of retaining walls, to that the City Attorney agreed that those issues would be status quo unless they are illegal, to be taken down or issued a variance. As to the retaining wall height issue, the Development Services Director mentioned that as set forth in the staff report there are no standards in the City Code that limits the height of retaining walls, there are some standards that have been developed by CalTrans and the Public Works Association where retaining walls can vary from forty to thirty-six feet in height subject to certain construction standards. Inquiry was posed if a retaining wall permit could be obtained over the counter without a conditional use permit or whatever, the response was affirmative, scenario was then posed that one could have a thirty-six foot retaining wall at the rear property line, the property leveled with a concrete slab facing Gum Grove Park under current Code, creating additional living space, and that would be permitted, yet one could not construct a deck of the same height with the same amount of living space. It was clarified that there is likely no existing slopes of thirty- six feet, and that the prior statement was correct. Councilman Boyd said his understanding is that Ordinance 1419 relates only to decks, not retaining walls, to that the Director indicated that the staff report suggests that if the height of retaining walls are a concern that issue should be referred to the Planning Commission. The Mayor stated his opinion that the height of retaining walls and decks should be limited. Mayor ProTem Campbell agreed with a statement from the public that retaining walls should be considered separately with a hearing specific to that issue, they are not a part of this consideration. To that it was explained the reference was to point out the inconsistencies whereby a retaining wall, leveled property, and concrete slab would be legal under the Code yet a deck of similar height would not, each giving equal living space. Councilman Boyd said given the inconsistencies that is additional reason that this item should not be approved until the entire Code is revised. For a point of clarification he pointed out there are eighty-two homes on the streets under consideration, of that there are seventy-seven that have built structures in the rear yards outside the ten foot setback therefore did not break the law, there are five that did which is now under consideration for a special exception, his recommendation would be that if the law is to be changed that it be done in a comprehensive manner for everything that affects this area, not changed section by section. As to the number of non-permitted deck structures in the rear yard setback, the Development Services Director again said be believed five or six, one does have a permit and even though it appears from the pictures that it may be in the rear yard setback area it is presumed it is not, there is one retaining wall for which there does not appear to be a permit, and there are a variety of other structures throughout the rear yards that mayor may not be violations, however they are not decks. Mayor Yost said again that the primary issue and responsibility is public safety with regard to the number of structures for which permits have not been issued, yet the stop work order on the Crestview property was issued over ten years ago, there has been no enforcement during that period, the question is why I I I . 5-10-99 I and the answer is that it is not a clear issue, there is no height on retaining walls, no height on decks, no terracing, no arborization requirement, therefore if it is the will of the Council to deny the proposed ordinance and then pursue legal action against the residents, that is at the discretion of the Council, however he felt it is time to conclude this issue, there needs to be some degree of rationality, the City has been put on notice that there are structures that exist that may be a problem, in his opinion the proposed ordinance is the right approach. Mayor Yost moved to approve the second reading and adopt Ordinance Number 1419 as presented. Councilman Snow seconded the motion. Mayor ProTem Campbell said she had no desire to take out the decks however again inquired as to the most expedient way to have them inspected, to that the City Attorney responded by the adoption of the proposed ordinance, otherwise, under the existing process they may never be inspected. Councilman Boyd said if there are going to be laws then they should be enforced. AYES: NOES: Campbell, Doane, Snow, Yost Boyd Motion carried The City Attorney advised that the Ordinance would be in effect in thirty days. CITY ATTORNEY REPORT There was no report given. I CITY MANAGER REPORT The City Manager mentioned that the budget was available for the Council this evening, he had attempted to address some of the anticipated questions of Council, explain the budget format, however would hold further comments until there is a workshop session. The Manager indicated some concern with the regrading of the east beach commencing tomorrow, given the considerable cost to mobilize, if at the end of the day the crew is requested to stay over because of some remaining obstruction of view from the boardwalk even though the height is measured to the point that the consultant has determined to be a reasonable risk, it will cost additional money, and he would be unable to hold them over another day for further grading unless directed by Council. Councilman Boyd noted that the recommendation of the consultant is that the sand level should be fourteen feet, it is currently eleven, stated he wants to be able to stand in any position on the boardwalk and view the water. The Manager said he understands it will be close to or just as it looked a year ago although somewhat different because there is more sand and because of that the sand needs to be pushed further towards the ocean therefore a different angle of site, from some points on the boardwalk it may be partially obscured, his request would be to have the ability to do as best can be done without jeopardizing the beach in the event of high tides in July, also, his understanding was that the level is eleven feet, roughly the same as last year. Councilman Boyd noted that the Public Works Director is making a recommendation based upon an engineering and safety standpoint however the Council needs to make a decision on behalf of the residents as well, it is not only the adjacent residents but others that use the boardwalk as a running and strolling path, to block the view of the water and sand impacts the use as a recreational area. The City Manager stated that if the Council wants to delegate the decision to someone other than himself that is within the I 5-10-99 Council discretion, however if it is going to be left otherwise he would not be in a position to allow the sand to be lowered more than the recommendation of what the engineers say is safe to protect property from flooding. councilman Boyd asked the ramifications of lowering to seven feet, as an example would the water come up to the palm rings and the wall, to that the Director of Public Works responded that it would, the Manager added that the objective is to have the height as close as possible to what it has been in the past, and he would want the discretion to discuss this with the engineers that it is an acceptable risk. Councilman Boyd said at this point push the sand back as far as possible to the wall and as low as possible. I PUBLIC COMMENTS Mayor Yost declared Public Comments to be open. Mr. Dave Potter, Seal Way, said he has had the opportunity to look up things that are somewhat of a contradiction to what he heard earlier in the meeting, and hearing that this was a Moffat & Nichols report was interesting because his source of information is the Winterization of Seal Beach produced by Moffat & Nichols in 1984, the elevation he heard was an elevation of ten feet to which he asked what datum plane is the reference, mean level of water or mean sea level as there is a 2.8 foot difference. The Director of Public Works stated it is the mean sea level as that is the reference of the tide tables. Mr. Potter said he would then reduce the prior Moffat & Nichols recommendation by 2.8 feet. He noted their report reflected a maximum runup under summer conditions of a seven foot tide of plus fifteen to plus sixteen feet, mean low or low water, later they recommend the berm to be plus sixteen mean low or low water, that would translate to an elevation of 13.2 mean sea level, therefore when he hears of going to 10 that alarms him somewhat, he does not recall that from his home in the first block from the parking lot of being able to see the water from the boardwalk yet at the other end of the beach it may be different. He said when the south swell comes in, there is a certain window, it is certain that Moffat & Nichol could tell the City how far east this could go before there is no wave problem from a south swell, likely three to four blocks from the pier, further east there would be no risk as the swell is blocked by the Anaheim Bay jetties. Mr. Potter indicated he did not know where the sand will be pushed, the elevations now seem to be similar to last year, he would like to make certain that the sand is available to construct the berm again next year and not sent seaward to wash around the groin and lost. With the comment to move the sand back towards the wall, said he is an advocate of creating a sand storage area between 10th and 11th on the beach for fresh water runoff, wave runup could be so voluminous that adding six inches of sand will make little difference. Looking ahead to whatever is done, one of the things is the wave runup, in a general sense having the elevation is to let the wave energy dissipate rather than let it run further ashore, a number of years ago the block wall in front of the parking lot was in tact and the sand was low so when the waves did run up towards the pier they would hit the block and tend to stay there, now if the water does not stand the waves go right over the parking lot, 10th to 11th is the low spot, that is where the water accumulates, noting that his block is the most vulnerable in the summer months and has ponding in the winter. Mr. Potter said he found of interest a comment with regard to sand in the San Gabriel River, he had been involved in that issue years ago, of concern had been with Long Beach I I 5-10-99 I dredging that sand and placing it on their beach, assuming that the sand was moving from the east beach to the west to the River, and it was subsequently found that that sand was too fine to put on the east beach, not the grain size that is needed for the high energy waves. As to Corps responsibility, years back the Corps presented a proposal to the City which was signed off by the City that essentially said the Corps would build the groin yet the City would be responsible for beach maintenance, this based on statements made by individuals as he has never seen the supporting document, the idea was that annually there was to be so many cubic yards of sand moved from the west beach to the east beach to keep the beach in balance, but it is now known that the sand on the west beach is too fine to be of any value, and it would be of interest to see the documents to determine if there was a breach of contract as the City may have been sold on the groin and sand movement as being the answer without having had adequate facts to make a proper conclusion. Mention was made that the lobbyist for the City is currently working on that issue. Mr. Potter said it was interesting to hear that there was a prior trash receptacle program, he never noticed it, yet one certainly notices the L. A. Times advertising, it is bright, overwhelming, and the receptacles too close to one another. Mr. Joe Kalmick, Seal Way, referred to the sand and the berm, said he sees two issues, he would not question the engineers or staff concern with safety, with regard to the aesthetics, if the intent is to have the dozer on the beach for one day, he would say that the condition of the general contour of the beach is probably the worst in twenty-five years, of concern would be if the dozer is going to try to make some adjustments to the berm and to aesthetically contour the beach it would be questionable, even in the hands of a competent dozer operator, whether that much could be accomplished in one day. Mr. Kalmick noted that each year when the dozers appear to build the berm they start at the boardwalk side of the palm trees and push the sand up in the form of the berm yet in the spring when the berm is taken down the sand is never pushed back from where it was taken, therefore in recent years it is nearly down to the dirt level behind the wall, an example, the beach crew recently pulled the weeds that were growing behind the wall, he would like to see a compromise of safety from mother nature plus some time and effort to groom the beach efficiently, bringing the sand down to where the water can be seen yet practicable and safe, keeping in mind that the height may need to be greater towards the pier because of the wave action and swells yet lower towards the jetty so that the water can be seen from the boardwalk given the fact that people have paid a premium to buy a home or rent a unit in that area. Again, his concern would be whether a one day operation of the dozer could accomplish all that is desired. I I COUNCIL COMMENTS Councilman Snow recalled a recent news article relating to the Naval Weapons Station, shortly thereafter Captain Bernitt addressed the Council with some interesting information relating to privatization, after that session he spoke to the Captain with regard to the inquiries he had received from people in this community and outside, said he recently received a copy of a letter from the Captain to Oak School in Los Alamitos, in that communication he addresses the issue of privatization at the Station, pointing out that with regard to moving weapons from one location to another the weapons were built by civilians, not the military. He offered a copy of the communication to anyone interested, and stated he 5-10-99 would be writing a letter of appreciation to the Captain. Councilman Boyd mentioned that he has enhanced his page on the City's web site with a news update citywide and specific to District One. He reported having given a memorandum to the Council, Attorney, Manager, and Clerk relating to Charter amendments, updates and administrative issues, his intent is to place this subject on the next Council agenda for consideration and referral to the City Attorney. As an update to his comments at last meeting relating to the State legislation that requires every city in California to reduce their waste disposal in the landfills by fifty percent by the year 2000, Councilman Doane mentioned the report given this past Thursday by Mr. Dicks of Briggeman Disposal that the areas of Seal Beach serviced by their company have already complied with that requirement, and inquired of the City Manager if reports relating to compliance are being submitted by the disposal companies that service the other areas. The Manager responded that sometime past an individual shared with the City of Cypress kept track of the statistics, -however he has not looked at them recently. Councilmember Campbell clarified that the workshop scheduled to discuss trees is being put on by the tree committee. with regard to public comments, Councilmember Campbell said as far as keeping the residents informed she distributes a newsletter every four to six weeks, she can only provide information that she is aware of, as to the holding of town hall meetings, she would like to have more however will not because of the people who have disrupted them in the past, she does not appreciate either having to keep law enforcement on call. With regard to the vote on the Bixby project it was said she could have voted for residential, Councilmember Campbell pointed out that there were two elections in College Park East where development was an issue, the voters said they did not want residential so how could she vote for it. She spoke regarding incidents during the recall election, false statements, crank phone calls, expressed sadness with the continued pent up emotions, to carryon with this type of attitude does no one good, she would hope the people could move on to do the best for College Park East, the current Bixby project, she did not want it, CPE residents did not want it, the other members of the Council did, that is where it stands. Mayor Yost reported a meeting held the past week with elected officials, Councilman Boyd, and himself with regard to seeking funding for the bike paths, which is looking quite positive, thanks to the efforts of Councilman Boyd. He announced also the opening of the dog run at the Animal Care Center, the dedication in memory of Jay and Chet who worked so hard towards this project. Mayor Yost announced the upcoming meeting on May 13th at 7:30 p.m. relating to water quality in the San Gabriel River, a presentation to be made by a representative of the Health Department. He mentioned too the Hellman property project as a result of the recent Court of Appeals ruling, what will happen with that project is yet unknown. As to the Trailer Park, the residents have organized as an official organization, they have retained legal counsel, an official request has not yet been received from the new owner as to any proposed rent increase, and Mayor Yost said he will continue to work with them. I I I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the five items identified on the agenda, a conference with the City's labor negotiator pursuant to Government Code Section 54957.6 relating to the 5-10-99 / 5-17-99 I Orange County Employees Association, a conference with the City's real property negotiator pursuant to Government Code Section 54956.8 relating to price and terms of payment for property located at 201 - 8th Street, a conference with legal counsel pursuant to Government Code Section 54956.9(a) relating to existing litigation, League for Coastal Protection versus Coastal Commission, and personnel matters pursuant to Government Code Section 54957. By unanimous consent, the Council adjourned to Closed Session at 10:25 p.m. and reconvened at 11:27 p.m. The City Attorney announced that the Council had discussed the items identified on the agenda, gave direction, and no other action was taken. ADJOURNMENT By unanimous consent, the Council adjourned the meeting until Monday, May 17th at 7:30 p.m. to hold a budget workshop. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 11:30 p.m. Approved: () (f:.yor- ~n. ( Ci~rk I Attest: ~ / Seal Beach, California May 17, 1999 The City Council of the City of Seal Beach met in regular adjourned session at 7:31 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None I Also present: Mr. Till, City Manager Mrs. Stoddard, Director of Administrative Services Mrs. Yeo, City Clerk APPROVAL OF AGENDA Boyd moved, second by Campbell, to approve the order of the agenda as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried