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HomeMy WebLinkAboutCC Min 1994-11-28 11-28-94 Seal Beach, California November 28, 1994 The regular adjourned city council meeting scheduled for 6:30 p.m. this date was cancelled as there were no Closed Session items requiring discussion. (J/ 'h/fh( ~ ~~k . I Seal Beach, California November 28, 1994 The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor ProTem Laszlo calling the meeting to order with the Salute to the Flag. Mayor ProTem Laszlo advised he was assuming conduct of the meeting at the request of Mayor Brown who was experiencing a temporary loss of voice. ROLL CALL Present: Mayor Brown Councilmembers Doane, Forsythe, Hastings, Mayor ProTem Laszlo Absent: None I Also present: Mr. Bankston, City Manager Mr. Steele, Assistant to the City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, city Clerk APPROVAL OF AGENDA Councilmember Forsythe requested that Item "F", the Draft EIR for the proposed Bolsa Chica Project, be removed from the Consent Calendar. Brown moved, second by Doane, to approve the agenda as revised. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS There were no Oral Communications. COUNCIL ITEMS APPOINTMENTS - AD HOC COMMITTEE - CAMPAIGN REFORM REVIEW I Councilmember Hastings appointed Mr. Ray Longoria and Mr. Gordon Shanks; Mayor Brown appointed Mr. John Manilios, the second appointment held until the next meeting; Councilmember Forsythe advised that Mr. Ed Hirsch would not be available to serve on the committee however could be reached by telephone, and held over her appointments until the next meeting; Councilman Doane appointed Mr. Dennis Pollman and Mr. James Goodwin; Mayor ProTem Laszlo appointed Mr. John FOlis, and the second appointment was held over until the next meeting. Staff clarified that the Resolution establishing the Committee provides that the council I I I 11-28-94 may appoint two at-large members, and that the campaign treasurers would be invited to provide input. Inasmuch as Mr. Shanks expressed concern with meeting the February 1st deadline for a report to Council in that the remaining appointments are held over until the next meeting, it was suggested that Mr. Shanks select a date and time to commence the first Committee meeting. CONSENT CALENDAR - ITEMS "B" thru "H" Doane moved, second by Brown, to approve the recommended action for items on the Consent Calendar, except Item "F", as presented. B. Approved the waiver of reading in full of all ordinances and resolutions and that consent to be waiver of reading shall be deemed to b3 given by all Councilmembers unless specific request is made at that time for the reading of such ordinance or resolution. C. Approved the minutes of the November 14th, 1994 regular adjourned and regular meetings. D. Approved regular demands numbered 7286 through 7409 in the amount of $228,956.84 and authorized warrants to be drawn on the Treasury for same. Received and filed the staff report relating to the Notice of Intent to prepare an EIS/EIR for the Queens Gate Entrance Channel Deepening Project - u. S. Army Corps of Engineers and Port of Long Beach, instructed staff to monitor the EIS/EIR preparation process, prepare reports for the Environmental Quality Control Board and City council during review of the Draft EIS/EIR, prepare for~al City comments th~reto, and report to Council as appropriate. ~ G. Ordinance Number 1392 was prese~ted to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE REDEVELOPMENT PLAN, AS AMENDED, FOR THE RIVERFRONT REDEVELOPMENT PROJECT, AS'AMENDED, OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1392 was waived, and Ordinance Number 1392 was passed to second reading. E. H. Ordinance Number 1393 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE REDEVELOPMENT PLAN FOR THE SURFSIDE REDEVELOPMENT PROJECT OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1393 was waived, and Ordinance Number 1392 was passed to second reading. Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried AYES: NOES: ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F" - DRAFT EIR - PROPOSED BOLSA CHICA PROJECT - ADDITIONAL COUNTY STAFF REPORTS Councilmember Forsythe noted that an alternative of the Revised Draft EIR for the proposed Bolsa Chica project is to add the tidal inlet back into the plan, it also includes Seal Beach in 11-28-94 the traffic study program. She offered her opinion that Seal Beach is the city most impacted by this development, the EIR document makes no specific reference to Seal Beach with regard to traffic impacts, rather makes reference to the area north of the project to the Los Angeles county line, and from the descriptions of the impacts on all of the intersections surrounding the city of Seal Beach, including the 405 overpass I and access, the levels of impact as a result of the project are unmitigatable, yet the approval recommendation of County staff is contradictory in that they indicate that all of the standards have been met in conjunction with traffic programs that have been initiated. Councilmember Forsythe predicted that the Bolsa Chica project of at least three thousand two hundred homes is forthcoming, and that the area traffic improvement programs being recommended, such as making pacific Coast Highway a 'smart street', will destroy Seal Beach, Surfside and Sunset Beach, nothing proposed that will correct the existing unacceptable levels of traffic at PCH and Seal Beach Boulevard and the 405 access. The Director of Development Services offered that the EIR document indicates that there are a number of improvements that could be made relating to the coordination of traffic signals, provision for primarily right turn lanes at Seal Beach Boulevard and Pacific Coast Highway to access the freeway, assuming that Bolsa Avenue becomes congested to a point that it is not a reasonable access from the project to the freeway system. He mentioned that if the County ultimately determines to approve some type of project, they have indicated that Seal Beach will be involved in the committee considering traffic improvements that would occur in the City of Huntington Beach and the County unincorporated area, also noted there are no lane expansions proposed for PCH, it is to remain two lanes in each direction. He confirmed that a project of three thousand two I hundred homes would basically add ten to fourteen ADT's per dwelling unit, distributed throughout the circulation system, and explained that the purpose of the ATIP, as proposed by the Koll Company, is to attemp1; to improve some of the north/south roads from the project directly to the 405 Freeway rather than using PCH as the alternate, such as Bolsa, Springdale, Beach Boulevard, etc. Councilman Doane inquired why the cross-gap connector was discontinued. The Director responded that there are alternatives in the EIR that discuss requiring the cross-gap connector to still be provided, this City's comments to the City of Huntington Beach was that if a project in that area is to be developed, the gross-gap connector should be a requirement because it would relieve traffic pressure along PCH. Councilmember Hastings referred to improvements to the freeway overpass which she understood some of that cost is to be paid by the developer, a portion paid by Measure M funds, and Seal Beach would be expected to pay its fair share, to which she objected. The Director confirmed that no Measure M funds have been approved for the widening of the overpass as that relates to the City's efforts to obtain funds from the two Growth Management Areas within the area of Seal Beach, however there are discretionary funds of the County and the orange County Transportation Authority where there may be a potential that the City of Huntington Beach or the Koll Company could make I application to obtain some of those discretionary Measure M funds to assist some of their improvement requirements, and noted that Seal Beach has little to no say as to how those funds are spent. The Director explained that the 'fair share' provision is based on the concept that if there is an existing deficiency already in the community, that city is responsible to remedy the deficiency, bringing the current circulation system up to a level of service "D" at minimum, the freeway/seal Beach Boulevard overpass is presently in excess of that level, therefore Seal Beach would be responsible for bringing that area to the level of service "0", then further impacts on the area I I I 11-28-94 would be the responsibility of the impacting project(s). Mayor ProTem Laszlo noted that people have lived with the current level of service for at least ten years, said if this project is developed it will no longer be livable, and if they want to build it, the developer should provide the necessary funding. Mayor Brown pointed out that even if there are impacts that are not mitigatable yet it is felt the project still. has merit, it can be approved. The Director explained in that situation a statement of Overriding Consideration is prepared, where it is felt that a project has sufficient beneficial impacts even though there are some identified unmitigatable problems, and the project can be approved. Councilmember Forsythe expressed her opinion that this project is one of the most urgent matters facing Seal Beach in the near future, the traffic impacts on Pacific Coast Highway, to adjacent residents and businesses and urged that this issue be a priority to specifically oppose the traffic that will be traveling through this City. Mayor ProTem Laszlo inquired if a legal action could be initiated on environmental grounds against the County and the project developer, specifically relating to the traffic issue. The Assistant city Attorney advise~ that under CEQA the city, as a governmental agency, has the same right of challenge to land use decisions as does any private individual, where a challenge can be made to the adequacy of the EIR, adequacy of the mitigation measures, overriding considerations, if one is adopted, etc. He reported tracking this project through documents that have come before the Planning Commission, and while the County is in the midst of their approval process the City has upheld all of its rights under CEQA by transmitting its comment letters and preserving its right to challenge any decision that is ultimately made, however the right to challenge doe~ not commence until the approval process is completed. councilman Doane recalled that when this proposal first began there was discussion of the connector gap which was to connect Garfield to Bolsa to handle the traffic, thereafter that connector was eliminated, the reason given was reported to be complaints from existing homes on the bluff, which he said he in turn counted as approximately one hundred, therefore those one hundred residences are dictating the impact on an area with thousands of homes. Councilmember Forsythe announced that the County Planning Commission is scheduled to hear this project on November 30th, a recommendation could be made at that time, and if so, the project would be considered by. the Board of supervisors on December 14th, thus it may be worthwhile for Seal Beach homeowners to voice their concerns to the county. A member of the audience, Mr. Shanks, requested clarification of a potential development of ten thousand homes in the area of Goldenwest and Talbert, to which Councilmember Forsythe responded that the Holly Seacliff project has an excess of five thousand homes, another is proposed in the general area, the total of which would duplicate the popUlation of the city of Seal Beach. Mr. Shanks noted that the areas of Surfside, Huntington Beach, the various neighborhoods of Seal Beach have a great deal of influence, in this case the traffic will impact everyone, to which he suggested that contact should be made with the newly elected County Supervisor, Mr. Silva, and Assemblywoman Allen to convey the City'S concerns with the ultimate impact of traffic, which he cited as a political issue. Forsythe moved, second by Doane, to receive and file the report relating to the additional Orange County staff reports regarding the "Revised Draft Environmental Impact Report for the proposed Bolsa Chica Project, and instructed staff to forward same to the Environmental Quality Control Board, Archaeological Advisory Committee, and the Planning Commission for information purposes. 11-28-94 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CONTINUED PUBLIC HEARING - EXXON CORPORATION - GENERAL PLAN AMENDMENTS/ZONE CHANGE - 99 and 101 MARINA DRIVE The City Manager recalled that this public hearing was scheduled for the November 14th meeting, Exxon indicated a desire to make a presentation to the council therefore requested the hearing be continued to this meeting, subsequently communications from Exxon have requested the hearing be postponed until March or April. The Director of Development Services reported that Exxon is scheduled to meet with the State Lands commission on November 30th to discuss their applications to commence abandonment procedures for their on-shore facilities and the off-shore oil island, and in discussing this matter with the City Attorney's office it was felt advisable to authorize the continuation which will allow the City to work with Exxon and the State Lands Commission in the abandonment process, also allow additional time to research the questions posed by a member of the pUblic at the November 14th meeting. Brown moved, second by Doane, to remove this item from consideration with instruction to staff to readvertise this matter for public hearing in late March or early April, 1995. Noting the projection that the abandonment procedure may carry into 1998, Councilmember Forsythe inquired as to what would be occurring in the interim. The Director responded that there is nothing that staff is aware of at this time, noted the time frame to secure permits from State Lands, Coastal Commission, Seal Beach, etc. will take approximately a year before any removal of the island, underground piping, on-shore facilities, etc. commences. With regard to contamination removal, the Director advised that there is no verification at this time of soil or water table contamination at this site, soil tests of the UNOCAL site earlier this year showed no chemicals of significance present at that location, also it is understood that both the Division of Oil and Gas and the State Lands Commission will require contamination testing. councilmember Forsythe requested that an inquiry be made to determine how this site will be secured during the abandonment process, a concern with the safety of the many children that frequent the immediate area. A member of the audience, Mr. Bulmash, asked if the term abandonment means that the property will revert back to the City. The city Attorney explained that the term means Exxon will be abandoning the use, however Exxon will still own the property. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I I LIFEGUARD HEADOUARTERS - REFINISHING OF EXTERIOR WALLS Noting the request at the last meeting, the City Manager provided Council with a sample of the color tone, and type and specifications of the wood siding proposed for the exterior of Lifeguard Headquarter~, the life of the siding estimated at twenty to thirty years. He reported cost estimates received I range between $9,000 to $11,000, and that certain cost saving programs that have been instituted in the Lifeguard Department will accommodate this expenditure without an additional budget appropriation, and requested authorization to solicit bids for the materials. Doane moved, second by Hastings, to authorize staff to proceed to secure bids for the materials to refinish the exterior walls of the Lifeguard Headquarters building and garages. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I I I 11-28-94 UPDATE - SAND REPLENISHMENT The City Manager reported that nearly fifteen thousand cubic yards of sand has been received, the high quality of the sand is anticipated to slow the erosion process, the equipment continues to move the sand out onto the beach and into the water, and upon completion of the spreading the City crews will commence the screening/sanitation process. He explained that receipt of the full thirty thousand cubic yards was contingent upon the continuation of the contractors Corps of Engineers permit the Corps did grant an extension of several days and then res~inded the permit for the winter season, also that the contractor does have permits to commence the project in the sprinq, and the City is in neqotiation to continue the project at that time. He noted that a meeting has been held with Conqressman ROhrabacher meetings are pending with Assemblywoman Allen and Supervisor ' Silva to further pursue a source of funding. The Manaqer advised that a survey of the beach from the pier to the jetty was done prior to receiving the sand, another will be made at the completion of the spreading in order to establish the effect that the fifteen thousand cubic yards has had on the contour of the beach and to monitor what rate of erosion is occurring. with reqard to a potential project to dredge the main entrance to the Long Beach/Los Angeles harbor, the Director of Development Services reported the dredqing will be to an additional depth of about ten feet from which it is estimated that approximately five million cubic yards of material will be generated and available for beach replenishment, assuming that the material will meet the requirements of the Coastal Commission, Air Quality Control Board, etc. He noted that an Environmental Impact study is proposed for the project, there have been initial discussions with the Army Corps indicating this City's interest in receiving some of that material for the Seal Beach and Surfs ide beaches. The Manager added that a preliminary estimate would be three hundred thousand cubic yards, that amount would have a siqnificant positive impact on restoration of the beach. In response to Council, the Manager advised that the quality of sand anticipa~ed to be received in the sprinq is well within Coastal Commission and Army corps requirements, equal to or possibly somewhat better than the sand already received, the Whittier Narrows another source, that sand is a finer qrade, not felt to be as qood as what is expected to be received in the spring, therefore the enqineers have recommended that the current source is likely to be a better investment. It was noted that the sand anticipated from the Lonq Beach dredqinq project is proposed to be deposited on the Alamitos Peninsula, Seal Beach and Surfs ide beaches or in borrow pit sites at the off-shore oil islands. COLLEGE PARK WEST - GATED COMMUNITY REOUEST with approval of the City Council, the city Manager reported that the city as well as the Mayor contin~es to receive telephone calls from residents of Colleqe Park West, quite likely due to misinfo~mation and miscommunication, with regard to a gated community proposal presented to the Council some time past. Upon presentation of that proposal,. the Council requested staff to research the issues of the matter further, and since that time meetings haye been held with the persons who initially made the proposal to basically discuss what would be involved in such a process. The Manager said it is not the intent of staff to expend an inordinate amount of time to clarify the process, rather to identify what the issues would be. He reported that there have been a number of calls from citizens under the impression that this is a decision that the Council can simply dictate, also that it can take place immediately, to which he said the staff report to Council will reflect that that is simply not the case, and should the proposal be initiated it would be a three year process at best, it would require the City 11-28-94 to abandon the streets,' street. trees, curb cuts, anything that is not on private prope~ty, the abandonment would b~ ~o a homeowners association with adopted Covenants, Cond~t~ons and Restrictions, the community itself required to decide if the proposal is something they would want to pursue, there would be assessments against the individual property owner~ for the cost of street maintenance, street trees, street sweep~ng, the cost of the gate, personnel to. man same, liabil~ty insurance, etc. He emphasized that the meetings thus far w~th the persons initially submitting this concept have basically been for information purposes, not to take a position for or against, and it is hoped that an issue identification paper can be presented to council no later than the first meeting of January. Councilmember Hastings asked what percentage of homeowner participation would be required for this concept to be approved. The City Attorney said he believed two-thirds approval is required for the CC&R'S, and clarified that in a situation where streets are to be abandoned there must be a homeowners association in existe~ce to take title thereof, otherwise the city's interest would be vacated to the individual property owner, which would be a considerable source of problems. The City Manager said the two-thirds approval of the CC&R's is the basis for the formation of the homeowners association, however the Council would have the discretion to condition the abandonment by a higher percentage. It was further clarified that should the gated community concept ultimately be approved, the area would be governed by an elected board, officers, and adopted rules and regulations, likened to surfside Colony. ORAL COMMUNICATIONS Mayor ProTem Laszlo declared Oral communications open. Mr. Gordon Shanks, 215 Surf Place, inquired as to the status of the Rossmoor wall. The Manager responded that repair and replacement of adjacent sidewalks, as a deterrent to liability, has been done, the wall was secured away from the public right- Of-way during that process, thereafter the election that could have transferred responsibility for the wall to the Rossmoor Services District failed by narrowly missing the two-thirds majority vote, and at this, time the City Attorney is preparing a report as to options available to the City, that in conjunction with the City Attorney of Los Alamitos. Mr. Alan Shields, 1300 Catalina Avenue, inquired as to the status of the observadome. The City Manager advised that a legal action was filed this date and it has been confirmed that the contractor has scheduled commencement of the dome removal for December 1st. There being no further comments, Mayor ProTem Laszlo declared Oral Communications closed. COUNCIL REPORTS Councilman Doane acknowledged the winning season of the Los Alamitos High School Griffins Football Team. Councilmember Hastings mentioned having a discussion with retiring Supervisor Wieder at the recent Interval House Ball during which she had inquired as to a $230,000 contribution by the Supervisor to the City of Los Alamitos and $300,000 in contributions to Rossmoor during the past year, yet the City of Seal Beach has received nothing towards the pier fire repairs or for sand erosion/replenishment. She said the response of the Supervisor had been the lack of attendance at the Mayor'S breakfasts, lack of communication, and the vote in opposition to the Mola project. Councilmember Hastings offered a Happy Hanukkah. ADJOURNMENT It was the order of the Chair, with consent of the council, to adjourn the meeting until Monday, December 12th at 6:30 p.m. to meet in Closed Session if deemed necessary. The meeting was adjourned by unanimous consent at 8:11 p.m. I I I I I 1 Approved: Attest: 11-28-94 I 12-12-94 ffi clerk of the Beach ,~~~.;/ .~ a or -€. y.'u11?LoJ" ty "7 ~ Seal Beach, California December 12, 1994 The regular adjourned City Council meeting scheduled for 6:30 p.m. this date was cancelled due to a lack of items requiring Closed Session discussion. /~ JJ1i . I 'I 10 L \. I. I '1-tk""n... tl C ty Clerk / t/ . Seal Beach, California December 12, 1994 The City Council of the City of Seal Beach met in regular session at 7:20 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Absent: Mayor ~rown Councilmembers Doane, Hast1ngs, Laszlo Councilmember Forsythe Laszlo moved, second by Doane, to excuse the absence of Councilmember Forsythe from this meeting. AYES: NOES: ABSENT : Brown, Doane, Hastings, Laszlo None Forsythe Motion carried Also present: Mr. Bankston, City Manager Mr. Barrow, city Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk APPROVAL OF AGENDA Councilman Laszlo requested that Item "K" ,be removed from the Consent Calendar, and Councilman Doane requested Item "8" removed. Hastings moved, second by Laszlo, to approve the agenda as presented, except items "8" and "K", to be considered separately.