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HomeMy WebLinkAboutCC Min 1993-11-22 11-8-93 I 11-22-93 point in time they are simply placed in the trash. It was clarified that there will be a recycling program for christmas trees, and that phase one of the recycling program is scheduled to commence in February, 1994. There being no further comments, Mayor Forsythe declared Oral Communications closed. As a point of information, the City Attorney advised that the I Orange County campaign regulations limit spousal contributions to $1000 unless they have separate property, at this point the Seal Beach regulations will remain at $250 each. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the council, to adjourn the meeting until Monday, November 22nd at 6:00 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent at 9:21 p.m. Attest: of the Approved: I Seal Beach, California November 22, 1993 The regular adjourned meeting scheduled for 6:00 p.m. this date was canceled as there were no Closed Session matters to be discussed. ~A~~IS 2~ d~y~ November, 1993. ~~e~erk ~ of Seal Beach Seal Beach, California November 22, 1993 I The city Council of the City of Seal Beach met in regular session at 7:05 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. .1 I .1 11-22-93 ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Bankston, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, city Clerk WAIVER OF FULL READING Hastings moved, second by Brown, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PRESENTATION Mayor Forsythe read in full the proclamation declaring the week of November 28th, 1993 through December 4th, 1993 as "Home Care Week." The Mayor presented the proclamation to Ms. Julie Howard who expressed appreciation for the recognition of the importance of home care services. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. John Kittlaus, 1705 Harbor Way, voiced a complaint regarding late night radio noise from a neighboring property at 1701 Harbor Way from July through October. He claimed considerable annoyance and loss of sleep, reported efforts to speak with the neighbor regarding the problem, requests for assistance of the Police Department, and presented a chronology of the disturbances for that time period. He stated his belief that of the seven police responses there had been contact with the neighbor on only two occasions, no formal action has been taken, yet he believed regulations exist that would cite this problem as a nuisance, and even though the noise may be heard by other neighbors those persons have declined to complain, also cited a court case where a nuisance was described as causing someone to lose their rights. Mr. Kittlaus expressed some concern with personal safety, and stated his belief that the city should enforce its noise/nuisance ordinances in this case. The Mayor acknowledged the information presented, as well as a prior letter to her attention, and suggested that this issue be reviewed and discussed with staff. The City Manager noted that this matter has been discussed with the City Attorney's office, that a packet of information has been forwarded to the District Attorney's office however that office has indicated it will not prosecute without signatures on the complaint, where at this point no complaint has been signed by Mr. Kittlaus, that public versus private nuisances had also been discussed with Mr. Kittlaus, and the opinion of the District Attorney is that a public nuisance can not be filed upon the observation of a police officer alone, thus the need for a signed complaint. Lt. Commander Don Oswald, Executive Officer, Naval Weapons Station, Seal Beach, presented the Council with copies of a letter in response to a recent news commentary suggesting that the Los Alamitos Station be considered for an international air transportation facility if not at the El Toro site, expanded onto the current Weapons Station, also alleging the desire of the Base Closure Committee had been to close the Seal Beach facility, which the Lt. Commander stated was incorrect and the goal was to consolidate certain maintenance operations. The Lt. Commander 11-22-93 extended appreciation to Councilman Doane for his attendance at the twentieth annual wildlife refuge celebration this past Saturday. Appreciation was expressed by the Council for the timely response to the news article. Ms. Sue Corbin inquired about two claim settlements and payment to Dollar Rent A Car, as well as the status of requesting the State Bar Association to review the legal fees for several years past. The Manager I indicated a need to review the backup materials of the payments mentioned, that he had not had an opportunity to contact the State Bar, and confirmed having surveyed ten other cities as to retainers, legal fees, etc. while updating the City Attorney agreement. Ms. Corbin made reference to a 1992 news article with regard to legal fees in the City of Malibu. There being no further comments, Mayor Forsythe declared Oral Communications closed. CONSENT CALENDAR - ITEMS "B" thru "K" Laszlo moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented. B. Approved the minutes of the regular meeting of November 8, 1993. C. Approved regular demands numbered 3775 through 3903 in the amount of $224,678.92 and payroll demands numbered 4233 through 4407 in the amount of $207,897.16 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. Accepted the resignation of Mr. Robert Cole from the Archaeological Advisory Committee, and declared the District One appointed position to be vacant. E. Received and filed the Monthly Investment Report as of October 31, 1993. I' D. F. Received and filed the staff report relating to Proposed Rule 1504 (Backstop Rule) for Local Government (Status Report #3) - South Coast Air Quality Management District, and instructed staff to forward the report to the Planning commission, Environmental Quality Control Board, and the Chamber of Commerce for information purposes. G. Approved the Agreement with the County of Orange to provide underground inspection services of City-owned underground facilities during the term of the Agreement commencing July 1, 1993 through June 30, 1999, and authorized the Mayor to execute the Agreement on behalf of the city. H. Proclaimed December 1, 1993 as "World AIDS Day." I' Ie Adopted Resolution Number 4278 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS) ALTERNATIVE PLAN PROVIDING A QUALIFYING RETIREMENT SYSTEM FOR ELIGIBLE EMPLOYEES." By unanimous consent, full reading of Resolution Number 4278 was waived. I .1 .1 .... I ~ .-.. :...':t .j I ... ~ 11-22-93 J. Approved the CAL-EPA Cooperative Agreement for the coordination of permit processing between the state of California and the cities of orange County, and authorized the city Manager to execute the Agreement on behalf of the city. K. Scheduled a public hearing for December 13, 1993 (in compliance with Section 28- 2943 of the Municipal Code) to consider the appeal of the Planning Commission recommendation relating to Conditional Use Permit 92-7, UNOCAL, 99 Marina Drive, and to continue the scheduled hearing until January lOth, 1994 in accordance with the prior consent of the appellant and the applicant. Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried AYES: NOES: PUBLIC HEARING - DEVELOPMENT AGREEMENT - 212 MAIN STREET - KYLE/KLISANIN Mayor Forsythe declared the continued public hearing open to consider a Development Agreement for the conversion of an existing structure from assembly hall to a mixture of retail and office uses on a commercially zoned lot, 212 Main Street. The city Clerk certified that notice of the public hearing had been advertised and mailed as required by law, and reported no communications received either for or against this item. The Director of Development Services presented the staff report and noted that although the agreement has been somewhat revised from that considered by the Planning Commission as a result of city Manager/project applicant discussions, the traffic and parking mitigation contribution remains unchanged from that recommended by the Commission. The City Manager confirmed that the basic difference of opinion is with the traffic and parking mitigation contribution of $36,500, however noted that the basis is the same as was used for a prior development agreement. Mayor Forsythe invited a statement from the applicant with public comments to follow. Mr. Brian Kyle, 7th Street, noted that this project commenced in February, required a variance, in turn required a development agreement, has cost considerable monies thus far, and stated although there is basic agreement on the terms, his objection is with the dollar amount(s) required. He said he felt such agreement is interim until the Specific Plan is completed, requested to be treated the same as others have before this project, and when the Plan is in place he would agree to participate in that parking program. He cited the fact that the BJ's location had been closed for two years prior to consideration of that project, that the 212 Main Street project is not new development, rather is a conversion from high to low intensity use. Ms. Reva Olson, Seal Beach, claimed that the in- lieu parking program is dangerous and unfair and did not receive Council approval. She asked who is accountable for such agreements and inquired as to the two year expiration of the agreement. Ms. Olson objected to the legal fees paid by the city. The Director of Development Services explained that should the terms of the agreement not be completed within a period of two years the owners/applicants would then need to reapply for the variance and development agreement. Mr. Kyle again expressed his intent to participate in the parking program once the Specific Plan is in place, however objected to the payment of the fees as proposed by the development agreement at this time, and requested consideration of $100 per parking space per year pending the Specific Plan. The City Manager explained that the 11-22-93 development agreement does not place this project in an in-lieu parking program, that AB 1600 is now state law, which it was not when the in-lieu program initially came about, and allows such fees to be imposed pending a parking program under AB 1600, at issue in this case is $100 versus $3,SOO per space. There being no further comments, Mayor Forsythe declared the public hearing closed. I ORDINANCE NUMBER 1379 - DEVELOPMENT AGREEMENT - 212 MAIN STREET - KYLE/KLISANIN " Ordinance Number 1379 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND BRIAN KYLE AND JIM KLISANIN FOR THE 212 MAIN STREET PROJECT (VARIANCE 93-1)." By unanimous consent, full reading of Ordinance Number 1379 was waived. Hastings moved, second by Brown, to approve the introduction of Ordinance Number 1379 and that it be passed to second reading. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - ZONE TEXT AMENDMENT 92-6 - EXTERIOR STAIRWAYS/SETBACKS/FENCES Mayor Forsythe declared the public hearing open to consider Zone Text Amendment 92-6. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received relating to this item. The Director of Development Services presented the staff report and recommendations of the Planning commission, explaining that ZTA 92-6: 1) prohibits exterior stairways on single family homes in I" all residential zones, when not specifically required by the Uniform Building Code, yet allows exterior stairways in identified flood zones upon Planning Commission approval; 2) establishes specific setbacks for detached accessory structures; 3) increases the allowable height for property line fences from eight to ten feet along certain specified locations; and 4) defines "fence." At the request of Council the Director reviewed the streets and areas where ten foot fences would be allowed where six feet are presently permitted. It was noted that construction of a ten foot fence/wall requires engineering and plans approved by the city, soil tests would likely be required for ten foot fences/ walls in areas of liquefaction, and question was raised as to the allowable fence heights for properties adjacent to the 40S or 60S Freeways. Councilman Brown requested that ten feet be allowed along the service road in the vicinity of the Leisure World Library south of the 40S Freeway. There was mention of irregular fence/wall heights that could result in complaints, and Councilman Laszlo indicated he may request Lampson and/or Almond Avenues be removed from the allowable list of streets. with regard to the definition of fence and reference to a post, staff explained that the single posts located in some of the alleys are considered to be a fence/wall. There being no public comments, Mayor Forsythe declared the public hearing closed. ORDINANCE NUMBER 13S0 - ZONING TEXT AMENDMENT 92-6 - I" EXTERIOR STAIRWAYS / SETBACKS / FENCES Ordinance Number 13S0 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONING TEXT AMENDMENT 92-6, AMENDING SECTIONS 2S-400, 2S-401, 2S-700, 2S-S00, 2S-2316.2(H) AND ADDING SECTION 2S-233.1 OF THE CODE OF THE CITY OF SEAL BEACH. By unanimous consent, full reading of Ordinance Number 13S0 was waived. Hastings moved, second by Brown, to approve the introduction of Ordinance Number 13S0 as amended to include the service road in the vicinity of the Leisure World Library south of the 40S Freeway, and that it be passed to second reading. I I I 11-22-93 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried BEACHFILL and GROIN REPAIR - COST UPDATE REPORT The City Manager noted a request at the last meeting for a cost update for groin repair, groin extension and sand replenishment, to which the firm of Moffatt & Nichol was requested to update their 1985 cost estimates to present day. He mentioned that the current budget provides $235,000 for groin repair, the updated cost estimate is $188,750, not including engineering and the solicitation of bids, therefore it is felt that project can be accomp~ished this fiscal year. For a one hundred foot wide beach replenishment the estimated cost of obtaining and trucking sand from an inland quarry is $4,537,500, however should the city have the opportunity to participate in the Navy dredging of the westerly portion of Anaheim Bay anticipated in 1995/1996 the cost is estimated at $1,375,000, that option dependent upon the compatibility of the texture of the sands as well as the availability of funding for the dredging at the time it is scheduled. He advised that staff will be seeking Council authorization for Moffatt & Nichol to conduct sand sampling at some point in the future, and pointed out that to maintain the beach once it is replenished to the one hundred feet, the annual cost is estimated at $64,500. The Manager reported that Moffatt & Nichol has indicated that extension of the groin alone would not be a wise expenditure, estimated at $777,500, rather the focus should be to repair the groin, replenish the beach, and then re-evaluate the extension. Councilmember Hastings suggested that a revetment be given consideration for the east beach, similar to that in Surfside, prior to replenishment of the beach. It was the consensus of the Council to receive and file the staff report. COUNCIL CONCERNS Councilman Doane expressed appreciation to all who participated in recognizing the twentieth anniversary of the wildlife Preserve on the Naval Weapons Station. Recalling past comments relating to debris on the beach, Councilman Doane mentioned as well that that same litter flows into the wetlands preserve which necessitates its removal by hand collection. Councilman Brown inquired if any financial benefit would be realized by cities should SB 455, relating to the payment of real tax on federal property, be approved. The Manager offered to look into that piece of legislation. Councilman Brown acknowledged a letter directed to the Orange County Fire Chief commending the local paramedic unit for their recent efforts that likely saved a life, to which Mr. Brown added his praise of the paramedic services, also commended Rockwell International for their radio communication support during the recent Laguna Beach fires. Councilman Laszlo read his response in opposition to the recent news commentary suggesting consideration of the Los Alamitos Air Station and Naval Weapons Station as an international airport site, pointing out that the orange County Airport site Coalition Committee had gone on record as ruling out the use of Los Alamitos for commercial aviation, as have other committees, yet supported such use for El Toro, and stated the Naval Weapons station will not be closing either. Councilman Laszlo requested that a proposal to join the Garden Grove Regional Airport Authority be placed on the next agenda. Councilmember Hastings expressed hope for a mild winter, without flooding, and mentioned funding for a police substation in the downtown area. The city Manager confirmed a $10,000 allocation in the budget for a substation however recalled an uncertainty of a source for the remaining funds and an indication that the project would not move forward until funds were known to be available. He advised that a search of business licenses is being done to compile a list of local archit~cts to which a request for proposals can be 11-22-93 solicited early in the new year, office space and staffing is being looked into, as well as possible utilization of a portion of the Lifeguard station, which could be more cost effective. With regard to the use of an intercom system by drive-through restaurants, the Development Services Director ~eported that inquiries have been made of other cities as to the cost, time frames, etc. where restaurants have been required to retrofit I their facilities with such systems, and upon compiling that information it is likely discussions can commence with those restaurants. Councilmember Hastings mentioned a recent news article that dealt with improvements in the community of Dana Point wherein Seal Beach was used as an example of the best old town/downtown atmosphere. Mayor Forsythe brought to attention the declaration of "Childrens Day," a recognition of the concerns of children in present day society, and urged parents to talk to and get involved with their children. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Brian Kyle, 7th street, expressed his disagreement with the $3,500 per parking space fee required by the development agreement for 212 Main Street, objected to the lack of consideration of his request for payment of $100 per space pending the Main Street Specific Plan, cited this project as reducing traffic impacts, and predicted that Main Street will meet its demise if such fees are imposed. Ms. Reva Olson inquired as to AB 1600. The City Attorney recalled a previous comment that the in-lieu parking program had been illegal, to which he replied it was not, however since the 1989 adoption of AB 1600 cities are now required to conduct studies to determine the appropriate fees that may be charged to mitigate the impacts of a project to a neighborhood, a I" determination of the nexus between the use and the various impacts. As a point of information, the City Manager reported that the asphalt grinding on Pacific Coast Highway is in preparation for the overlay of the Highway by CalTrans, the specific schedule of which is yet unknown. Mayor Forsythe wished everyone a Happy Thanksgiving and reminded all of the Christmas Parade on December 3rd. The being no further comments, Mayor Forsythe declared Oral Communications closed. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, December 13th at 6:00 p.m. to meet in Closed Session. By unanimous consent, the at.8:30 p.m. lerx and ex-o of Seal Beach of the Attest: I" Approved: