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HomeMy WebLinkAboutCC Min 1995-11-27 11-13-95 I 11-27-95 ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, November 27th at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous' consent, the meeting was ~ned at 8:55 p.m. i I , \ Approved: I Clerk and ex-off1C10 of Seal Beach of the Attest: Seal Beach, California November 27, 1995 The City Council of the city of Seal Beach met in regular I adjourned session at 6:30 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Doane, Forsythe, Laszlo Absent: None Also present: Mr. Till, city Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA Brown moved, second by Doane, to approve the order of the agenda as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS There were no Oral Communications. ~~~~ I The city Attorney announced that the City Council would meet in Closed Session to discuss the items identified on the agenda. By unanimous consent, the Council adjourned to Closed Session at 6:32 p.m. The Council reconvened at 6:45 p.m. with Mayor Hastings calling the meeting to order. The City Attorney reported that the Council had met in Closed Session to discuss the items identified on the agenda, the County of Orange versus Merrill Lynch pursuant to Government Code Section 54956.9(a), and antic~pated litigation pursuant to Government Code Section 54956.9(b). I I I 11-27-95 ADJOURNMENT It was the order of the Chair, with consent of the Councii, to adjourn the meeting at 6:45 p.m. ,./1 ( Approved: the Attest: Seal Beach, California November 27, 1995 The city Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings councilmembers Brown, Doane, Forsythe, Laszlo Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Worksl City Engineer Mrs. Yeo, city Clerk APPROVAL OF AGENDA The City Attorney asked that Items "0" and "P" be removed from the Consent Calendar for separate discussion, Councilmember Laszlo requested that Item "L" be removed, and Councilmember Forsythe requested Item "T" removed. Brown moved, second by Forsythe, to approve the order of the agenda as revised. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. A member of the audience inquired as to when there would be discussion of the Recreation and Parks Director position. Mayor Hastings advised that the City Manager may have comments as to reorganization under his report later on the agenda, also that members of the public may address the Council again at the second Oral Communications. There being no further comments, Mayor Hastings declared Oral Communications closed. 11-27-95 COUNCIL ITEMS APPOINTMENT - CIVIL SERVICE BOARD The appointment to fill the District One vacancy on the Civil Service Board was held over. COMMENTS - SUN NEWSPAPER ARTICLE I Councilman Laszlo said he wished to comment on the editorial in the Sun Newspaper a week ago relating to. the withdrawal of the Bixby project, an editorial rather than a news article as appeared in other newspapers, which he said contained few facts, this editorial in addition to others directed towards him in recent months. He said it appears that the reason for the editorials is because they felt he was against big development, an editorial written some time past against a Planning Commissioner after that person voted against big development as well, comments in the article were also that he persuaded support from other members of the Council, to which he said he did not know he was so persuasive, and cited his fellow councilmembers as being intelligent, independent thinkers who make their own decisions, and for him to have lobbied any of them would have offended their sense of integrity and fair play. He pointed out that the editorial neglected to address the unmitigatable environmental impacts of the project, the worsening of the quality of AQMD standards which would affect the health of the citizens living north of the freeway, including College Park East, the over-crowding of the schools, the single event aircraft noise levels which would be above seventy decibels and is not allowable, and for such unmitigatable impacts the Council would need to find overriding considerations to approve the project which many feel would set I a precedent that would allow anything to be approved in Seal Beach regardless of the consequences. CONSENT CALENDAR - ITEMS "c" thru "U" Brown moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented, except Items "L, 0, P, and T", removed for separate consideration. C. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers unless specific request is made at that time for the reading of such ordinance or resolution. D. Approved regular demands numbered 10884 through 10992 in the amount of $351,187.37, payroll demands numbered 14488 through 14664 in the amount of $105,228.90, and authorized warrants to be drawn on the Treasury for same. E. Approved the minutes of the regular adjourned meeting of October 30, 1995. Adopted Resolution Number 4427 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING PARCEL MAP 95-153" (Mitchell Land and Improvement Company, 1600 Pacific Coast Highway). By unanimous consent, full reading of Resolution Number 4427 was waived. F. G. Adopted Resolution Number 4428 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY I I I I. ""r" ..... 11-27-95 OF SEAL BEACH, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT NUMBER 002 TO THE STATE- LOCAL AGENCY MASTER AGREEMENT NO. SLTPP-5229 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROGRAM SUPPLEMENT." By unanimous consent, full readinq of Resolution Number 4428 was waived. Authorized the Mayor to siqn the response letter relatinq to the Notice of Intent to prepare an EIS for the disposal and reuse of the Lonq Beach Naval Station, received and filed the staff report and instructed staff to forward same to the Environmental Quality Control Board and Planninq Commission for information purposes. 1. Adopted Resolution Number 4408 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUSTAINING THE PLANNING COMMISSION DETERMINATION REGARDING CUP 95-3, DENYING AN APPEAL OF CONDITION 4, RELATING TO HOURS OF OPERATION, AND PERMITTING A LIMITED EXTENSION OF OPERATING HOURS AT AN EXISTING RESTAURANT IN CONJUNCTION WITH AN EXISTING ALCOHOL-RELATED LAND USE AT 550 PACIFIC COAST HIGHWAY, #111, SEAL BEACH (LOS CABOS MEXICAN RESTAURANT)." By unanimous consent, full readinq of Resolution Number 4408 was waived. H. Received and filed the status report relatinq to Beach Nourishment Projects, and instructed staff to forward same to the Environmental Quality Control Board for information purposes. K. Adopted Resolution Number 4429 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CLOSURE OF THE NORTH AND SOUTHBOUND TURN POCKETS LOCATED AT THE MAIN STREET/PACIFIC COAST HIGHWAY INTERSECT,ION. " By unanimous consent, full readinq of Resolution Number 4429 was waived. J. M. Received and filed the staff report relatinq to the receipt of responses to comments reqardinq the Draft EIR, Huntinqton Beach General Plan update, and instructed staff to forward same to the Planninq Commission and Environmental Quality Control Board for information purposes. N. I Q. Approved the specifications for two Public Works trucks and one Lifequard truck, and authorized the advertisement for bids. Adopted Resolution Number 4431 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING THE SURFSIDE REVETMENT REPAIR PROJECT TO BE OF URGENT NECESSITY FOR THE PRESERVATION OF PROPERTY" and authorized the city Manaqer to proceed on an emerqency basis to expedite the biddinq process and repair work. By unanimous consent, full readinq of Resolution Number 4431 was waived. 11-27-95 R. S. u. AYES: NOES: Held second readinq and adopted Ordinance Number 1397 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING ORDINANCE) OF THE SEAL BEACH MUNICIPAL CODE RELATING TO NOTIFICATION TO OCCUPANTS (ZONE TEXT AMENDMENT 95-2)." By unanimous consent, full readinq of Ordinance Number 1397 was waived. I Received and filed the staff report relatinq to the Naval weapons Station, Seal Beach, Request for Wastewater Discharqe Permit, Tentative Order No. 95-71, NPDES No. CA 8000375. Ratified the West Oranqe County Water Board Amended 1995/1996 Budqet and approved Resolution Number 95-01, "A Resolution of the Board of Directors of West oranqe County Water Board Reestablishinq Percentaqes for Allocation of Cost of Operation, Maintenance and Administration and OWnership of Facilities of West Oranqe County Water Board." Brown, Doane, Forsythe, Hastinqs, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "L" - FIRST and SECOND AMENDMENTS - COMMUNICATIONS SITE I LEASE AGREEMENT - PACIFIC BELL MOBILE SERVICES To questions posed by councilman Laszlo, staff confirmed that the cellular transmitter antenna will be located on City property and the site rental, as set forth in the oriqinal aqreement, is thouqht to be $800 per month. Laszlo moved, second by Brown, to ratify the First and Second Amendments to the Communications Site Lease Aqreement between Pacific Bell Mobile Services and the city of Seal Beach. AYES: NOES: Brown, Doane, Forsythe, Hastinqs, laszlo None Motion carried ITEMS "0" and "P" - COVE AREA STORM DRAIN REPAIR - PROJECT NUMBER 666 - RESOLUTION NUMBER 4430 The Director of Public Works reported that the request for bids for the repair of the storm drains in the Cove areas resulted in only one bid beinq received and it was considered to be nonresponsive due to problems with that bid. He reported what is now before the Council for consideration is a revised repair plan to move forward and the budqet amendment with a request to direct staff to neqotiate a contract with one of three qualified contractors to construct the project, the intent beinq to meet with the city's desiqn enqineer and the qualified contractors to determine some reasonable unit prices on a time and materials I basis to not exceed the $75,000 proposed appropriation even thouqh the oriqinal estimate was in the $50,000 ranqe. The Director explained that the desire is to move forward as quickly as possible, be under construction before Christmas, and noted that the adjacent property owners have been contacted and are supportive of the project. Councilmember Forsythe thanked staff for their efforts towards movinq this project forward before the rainy season. Forsythe moved, second by Brown, to approve a budqet amendment transferrinq funds in the amount of $75,000 from the Beach Sand I I I ..f. ',' 11-27-95 Replenishment Program by the adoption of Resolution Number 4430 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGETARY AMENDMENTS FOR THE 1995/96 FISCAL YEAR (COVE AREA STORM DRAIN REPAIR PROJECT)" and direct staff to negotiate a contract to construct the Cove Area Storm Drain Repair, Project Number 666, with a qualified contractor at a cost not to exceed the $75,000. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "T" - 1995/96 STORM PREVENTION PROGRAM - CITY OF SEAL BEACH Councilmember Forsythe directed attention to the 1995/96 Storm Prevention Program prepared by the Director of Public Works setting forth the responsibilities of the City and equally as important an attempt to establish a citizen task force that will be willing to assist and subsidize City personnel in times of flooding emergencies. She asked that anyone interested in such a volunteer effort to pick up a copy of this Program from City Hall. Councilmember Forsythe moved to approve Item "T" as presented. As a point of clarification, Councilman Laszlo inquired as to the reason the drains in other areas of the City are not being proposed for repair. The Director of Public Works responded that the Cove area drains are an emergency situation where the drain pipes are in jeopardy of failing as they are in fact broken, some increased capacity may be realized with the repair, and repair of drains in the College Park East area, as an example, will be a much more extensive undertaking to actually revise the drainage system, a project that will be addressed in the future. Councilman Laszlo seconded the motion. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CITY MANAGER REPORTS As to a status report regarding reorganization as that relates to the elimination of the Recreation Director position, the City Manager stated he has had some opportunity to do a preliminary evaluation of the current staffing of the Recreation Department, that certain changes to the structuring of the Department may be warranted ultimately and will be justified both on the basis of cost efficiency, accountability, and logic, and at this point it does not appear that the position of Director must be maintained to continue to operate the programs and activities successfully as it has in the past. He noted his prior comment that the fiscal aspects of the Director position would be key, which they are, however that is not merely a matter of the Director's salary being justified by revenues produced by the Department, rather, more a matter of organizing the Department in such a way that it operates as efficiently and effectively as possible. The Manager said it is likely that some responsibilities can be added to the Department, some moved elsewhere, which will need to be explored further, in the interim the Recreation Supervisors are reporting directly to the City Manager and are responsible for coordinating the day to day programs and activities, the Lifeguard Division reporting to him as well, filming activities are being coordinated by City Manager staff and special events handled through the Recreation Supervisors with support from the City Manager staff. He said it is anticipated that a more complete report will be forthcoming to the Council within a couple of months. REPORT - MAXIMUM BUILDING HEIGHT - 1101 SEAL WAY With regard to the request relating to 1101 Seal Way, the Director of Development Services explained that for a number of 11-27-95 years the city's zoning code has had an established height limit for properties in the downtown area based upon lot width, for lots of less than thirty-seven and a half feet in width the height limit is twenty-five feet and for those lots of thirty- seven and a half feet or greater the height limit is thirty-five feet on the rear half of the property and twenty-five feet on the front half. He noted that while researching another matter I staff came across a 1986 Planning commission Resolution which adopted a policy for the interpretation of lot widths of just slightly less than thirty-seven and a half feet in width, subsequently a zone text amendment was prepared to consider incorporating that policy into the zoning code for future use, the Commission considered the matter under public hearing which would have allowed lots of slightly less than thirty-seven and a half feet to be rounded up and considered as thirty-seven and a half feet in width, the Council subsequently determined to not approve the text amendment and further directed that the 1986 Commission Resolution would have no further force or effect. The Director explained further that while the ZTA was being considered an application was being processed for 1101 Seal Way which was proposing a hip roof that would reach approximately twenty-seven feet in height rather than the Code required twenty-five foot height. He noted that staff has met with the applicant a number of times since the determination to not approve the text amendment, the applicant feels that in order to attain the visual aspects of what they want to accomplish with their proposed remodeling something more than a twenty-five foot height elevation on the front portion of the roof structure is necessary, further, it was explained to the applicant that based upon the direction from the Council and current provisions of the Code, that is not allowed. The Director reported that based upon that Council direction a text amendment is being prepared I to establish the height limit throughout the Old Town area at twenty-five feet, also some thought is being given to proposing to the Commission some modification of that limit which would allow an uninhabitable portion of a roof area to exceed the twenty-five foot height by possibly two to three feet, the reasoning for that is that when there is a two story structure on a twenty-five foot lot and when one puts on a typical 4:12 pitch roof the roof ends up to be higher than twenty-five feet, and in order to maintain a twenty-five foot height one would need to go to a 2:12 pitch which sometimes poses problems given the slower drainage, etc. The Director requested any comments or specific directions from the council as to the twenty-five foot height limit and some variation for roof types. In response to Mayor Hastings, the Director said he was uncertain if the applicant would be willing to wait through the ZTA process, this item anticipated to be to the Planning commission by the last meeting in January and to the Council in February, also, he did not believe that findings could be made to support a variance in this case. Councilmember Forsythe expressed her viewpoint that this request is merely for the purpose of aesthetics, and without some variation of a twenty-five foot height limit dwellings will take on a box-like appearance. Mr. Bolen provided Council with pictures of his residence as it presently exists. Mr. Gordon Shanks, Surf Place, asked if the I slight height variation is meant to apply to only those properties that are just slightly less than thirty-seven and a half feet in width or all twenty-five foot Old Town properties. The Director of Development Services responded that it will basically apply to lots between thirty and thirty-seven and a half feet for the reason that with a twenty-five foot lot the dwelling is then about nineteen feet and a 4:12 pitch roof can meet the twenty-five foot height limit for a two-story structure, where on a wider structure the same pitch will exceed the height limit. He noted that staff will likely attempt to define the width of lots where a variation would apply, however I I I .,' 11-27-95 it is not anticipated that it will apply to the standard twenty- five foot lots in Old Town. It was the consensus of the Council to receive and file this item. COUNCIL REPORTS Councilman Doane reminded that tomorrow is election day, statinq that the qroup of Assembly persons fundinq the Doris Allen recall are countinq on a low voter turnout, to which he expressed his hope that the turnout is hiqh and the recall vote is no. Councilman Brown announced that a successful meetinq was held recently to discuss what can be done in the event of another floodinq situation in Leisure World, as well as a meetinq that is to be held on Thursday for persons residinq in the downtown area to discuss a similar situation there with representatives present from County Flood Control, the Fire and Police Departments, City staff, etc. Councilman Laszlo aqain mentioned the diseased trees in the vicinity of Bluebell Park that may need to be removed, asked when they will be removed, and inquired if some type of screeninq can be installed in the interim. The Director of Public Works responded that it is likely that all of the trees will need to be removed, the intent is to meet with all interested parties to discuss what is desired as a replacement, some type of plant that will qrow to an acceptable heiqht, in the interim there will be some type of aesthetically pleasinq screeninq for the residents, at this point there is a possibility that the trees may start to be removed this week. Mayor Hastinqs made reference to and commended a Sun Newspaper editorial entitled 'If I Were A Kinq' and read an excerpt relatinq to increasinq the number of County Supervisors to nine thus reducinq the number of persons that they would be responsible to. The Mayor voiced her total disenchantment with the County, State and Federal elected officials, the recall as an example will cost the taxpayers about a half million dollars, and now talk of addinq two more Supervisors, to which she suqqested that if these elected officials are not fiscally responsible possibly they should not be reelected. She also commented on the recently held Interval House Charity Ball. ORAL COMMUNICATIONS Mayor Hastinqs declared Oral Communications open. Mr. Gordon Shanks, Surf Place, commended the Storm Water Flood Prevention proqram proposed by the Director of Public Works, urqed that a qood suqqestion such as this not qo by the wayside as so many have, that the newspapers, volunteer fire people, citizens, etc. be made aware of and qet involved in such a proqram as most people have no knowledqe of what to do when a storm such as last year occ~rs. Members of the Council aqreed, mentioned some type of volunteer proqram, also the need to develop a means to alert those persons to an emerqency situation. Mr. Bruce Stark, Seal Beach, said there have been two major storms in recent years, there is a pump Station at Seal Beach Boulevard and Electric, the City says the County has the key to the pump station, the County says the City does, but no one starts the pumps when the water starts to rise, questioned why that can not be done, and indicated his willinqness to qet involved and find the pump station key and switch. He contended that the Director of Development Services comment that for a lot of less than thirty- seven and a half feet in width on which a 4:12 pitch roof is placed the roof will exceed the twenty-five foot maximum heiqht is wronq, citinq his property of thirty-five feet with a 4:12 pitch roof where the front elevation does not exceed twenty-five feet and his attic is seven feet. Mayor Hastinqs extended an invitation to Mr. Stark to attend the Thursday meetinq relatinq to floodinq issues. Mr. Stark declined, statinq he would be out of town. Mr. Bolen, Seal Way, stated that the comments of the previous speaker reqardinq buildinq heiqhts were incorrect, that 11-27-95 his attic is no more than five feet, that the reason for his request for two additional feet. Ms. Fran McAuliffe, Seal Beach, said she had read an article with regard to measures being considered for protection from another flood and a proposal to put a tractor or earth mover in place ready to dig an emergency canal for water drainage into the Edison basin, it is understood also that there can not be continuous drainage due I to possibly pollution, her concern being the length of time it will take to receive authorization and then dig the ditch, then questioned if it could be dug and then gated. Councilman Brown acknowledged that to be a problem, that the Los Angeles County Flood Control needs to test the water when it is high to determining what is flowing to the catch basin, yet it is only high when it rains and at those times no one takes the tests, that there are also attempts to mitigate water flow from upstream so that the rains do not all flow towards Leisure World. He said there will be problems if there is hard rain this year, yet two to three years from now some progress should have been made, and in the vicinity of Electric and Seal Beach Boulevard there is talk of obtaining a couple of hand pumps that may take off a quarter inch of water or that the Fire Department utilize their facilities to pump as well, however what is really needed is bigger and better storm drains, that is a plan, yet there is no money to accomplish that. Ms. McAuliff said another storm and flooding like last year could ruin her residential area of College Park west, citing the fact that the flood canal in their area nearly overflowed last year as well. The Mayor made a comparison to the irrigation ditches in agricultural areas where the flood gates are opened when a flooding emergency arises. That comment was countered by Councilman Brown in that that could not be done as Los Angeles County requires that the waters be tested for pollutants before they are allowed to flow I into their basins through the cooling facilities. It was again mentioned that a great many of the problems are the result of development, and impervious surfaces inland, upstream of Seal Beach, and the waters then take their natural flow towards the ocean rather than being absorbed by the inland hills and terrain. Ms. Mary Magola, Seal Beach, said apparently there is some question at this point as to the retention of the position of Director of Parks and Recreation, and she would assume that the Recreation employees will not be reporting directly to the city Manager for the long term. She stated it is understood that there is an agreeable separation agreement and the Director of Recreation has departed, a number of people having the feeling that that departure was rather sudden due to the fact that the Council had indicated that the reason for abolishing the position was cost effectiveness, and there was reassurance that that would be a key part of the City Manager's analysis. Ms. Magola said that a perception remains that there was some kind of interpersonal problem that caused the departure of the Recreation Director, which may not be important except to feel secure in the rationale for the restructuring of departments, and some people also wonder, given the description that the Department was well functioning and cost effective, as to why the Director position was then filled in the first place. She expressed hope that this matter can be laid to rest as to the I underlying initial reasoning, and that a careful fiscal analysis of any changes will be awaited. Ms. Dar Brown, publisher of the Sun and Old Town resident, extended appreciation to Mr. Laszlo for his comments, and explained that the difference between an editorial and a news story is that an editorial is a comment and a news story is much more indepth, and if the past editions were reviewed it would be found that the Sun covered Bixby more than any other newspaper. with regard to reference to the Dennis Kaiser column Ms. Brown said although she is fond of Mr. Kaiser she would not want him to be King, also agrees with the Mayor's comments with respect to the elected representatives, as to Mr. I' I I 11-27-95 / 12-11-95 stark's comments said an attempt will continue to find the pump station keys, and expressed appreciation to the Council and others for reading the Sun newspaper. Councilman Brown ended the jest by admitting that the pump comes on automatically, there are no keys. Ms. Fran Johnson, Seal Beach, extended an invitation to all to attend a rummage sale this coming Saturday to benefit the Animal Care Center, offered a tour of the Center to anyone interested as well. It was reported that the recent telethon for the Center raised about $4,000. There being no further comments, Mayor Hastings declared Oral communications closed. ADJOURNMENT It was the order of the Chair, with consent of the council, to adjourn the meeting until Monday, December 11th at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 8:05 p.m. Approved: the Attest: Seal Beach, California December 11, 1995 The City Council of the city of Seal Beach met in,regular adjourned session at 6:30 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Doane, Forsythe, Laszlo Absent: None Also present: Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA Brown moved, second by Laszlo, to approve the order of the agenda as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS There were no Oral communications.