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HomeMy WebLinkAboutCC Min 1991-02-11 I 1- (". .:,.' 2-11-91 Seal Beach, California February 11, 1991 The city council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Hastings, Hunt, Laszlo Absent: Councilmember Forsythe Hunt moved, second by Wilson, to excuse the absence of Mrs. Forsythe from this meeting. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried Also present: Mr. Archibold, Acting city Manager Mr. Barrow, Assistant city Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk WAIVER OF FULL READING Hastings moved, second by Laszlo, 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: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried PRESENTATION - OPERATION S.O.S. - RESOLUTION NUMBER 4015 Ms. Seretta Fielding, Seal Beach, said she was present to bring awareness to the newly formed Operation s.o.s., a volunteer, non-profit organization in support of the Armed Forces men and women and to provide various services and financial assistance to the families of those in the Persian Gulf. She requested that the organization be notified of anyone that is known to be in need of assistance. Resolution Number 4015 was presented to Council and read in full entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ENDORSING AND SUPPORTING OPERATION S.O.S. Hastings moved, second by Laszlo, to adopt Resolution Number 4015 as presented. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, wilson None Forsythe Motion carried ORAL COMMUNICATIONS Mayor Wilson declared Oral Communications open. Ms. Jane McCloud, 700 Balboa Drive, said she was speaking on behalf of Seal Beach citizens United, referred to a recent letter in the local paper from the Initiative Committee offering $50,000 to cover the cost of a special election if called at this meeting, $25,000 if called at the next meeting, an offer that the citizens United do not support, and if not called, a threat of lawsuit. She made reference to another letter that reported expenditures of the Initiative 2-11-91 . Committee through December 31st, funded by Mola Development, of $95,285 of which only $780 was independent contributions, compared that to expenditures of citizens United of $562. She stated it was the belief of citizens united that no individual, group, or private firm should be allowed to pay for an election, that there should be no monetary incentives, legal threats, or intimidation to force a decision, and in the interest of cost and information of the voters, spoke for placing the Initiative, on the next general election rather than calling a special election. Ms. McCloud said citizens United support the right to vote, responsible growth, and the right of the elected officials to govern. Mr. Joe Orto, Leisure World, said from his experiences he believed that Mr. Mola is being the subject of prejudice, noted that the geologist had answered all questions regarding the liquefaction issue, and that the event of an earthquake would affect'the entire City not just the Hellman land. He stated the developer has received inequitable consideration, has offered more than any developer in Southern,California, that it is a good project and should have a chance. Mr. Gordon Shanks, 215 Surf Place, noted the Board of Supervisors is considering a May 14th election to propose a tax increase for jail facilities, and inquired as to Councilman Hunt's opinion of that. Mr. Shanks spoke of hearing about the benefit to the City of Redevelopment monies for more than two years and according to a report at last meeting $786,000 would accrue in tax increment from the one hundred forty houses in the project area, he said however seventeen percent of that would go to the County, the county in turn moving'towards charging for booking fees, tax assessment costs, the schools claim they can not maintain their facilities without a special tax, all of which he said is the result of Redevelopment Agencies. He recalled a recent financial state~ent projected $10 million from the proposed project oveF a ten year period, which he deemed to be a compounded, u~expended amount over those years, and suggested that the public should not be confused because redevelopment monies are tax payer monies. Mr. Brian Webb, 132 Dolphin Avenue, reported his desire to add a bedroom and bathroom to his nonconforming residence, -however he was informed there is presently a moratorium on building, and inquired as to the inte~t of the moratorium and when it will be lifted. The Development Services Director confirmed that a moratorium does presently exist and it will take a period of time to revise the existing regulations, that a four fifths vote of the Council would be required to amend the ordinance imposing the moratorium, and offered to meet with Mr~ Webb. Mr. Chris Verhultz, 224 - 14th Street, referred to the recent fiscal impact analysis of the Mola development proposal prep~red by Stanley Hoffman and Associates, and asked if the staff analysis of that report had been completed. The Acting city Manager advised that the analysis was presently in draft form. Mr. Verhultz asked that the staff analysis be placed on the next agenda and that the Finance Director be present. Mr. Frank Ellsworth, Leisure World, read his letter to the editor of the local newspaper with regard to the Initiative Committee being sponsored by Mola Development, the $94,505 contribution by the developer during the petition process, threat of lawsuits and recall of public officials, and questioned if it is not illegal to intimidate public officials, pay for elections, and stated cities should be protected from these types of actions. Dr. George Telford, 13581 Medinac Lane, spoke of patrioti~m, and asked that money not be allowed to' influence the outcome of an election, that the people should be allowed to decide the issues in a free vote, and stated there should be no I ~ 1 I . 1- . " ,~mJlto(ji'" ~!. ....~;;t..al. ~ ~ ,q ~ < .. 'J.. .,.~ 11 " . 2-11-91 restrictions on those who wish to address the Council, making specific reference to applause from the audience. Ms. Frances Johnson, Seal Beach, asked if the voters will be made aware that the proposed project will be a gated community, if the residents will be required to reduce water usage to allow water to be used to control dust during construction, and suggested that water and traffic should be given due consideration. Mr..John Nakagawa, 320 - 12th Street, commented on the reference by a previous speaker regarding prejudice, which he defined as prejudgment because of lack of information. He suggested that further consideration should be given to traffic and water usage as it relates to the Mola development, suggested there should be a desalinization plant, that the election be held after the summer months when residents have experienced further water cuts, also objected to the offer to pay for the election cost. Mr. Nakagawa said he did not believe that there has been prejudice or a prejudgment of Mola, that the residents have simply decided this is not the project for them. Ms. Linda Stobbe, Seal Beach, objected to statements directed to the Initiative Committee, stated the citizens who walked petitions were not paid for gathering signatures, and that there has been no secret that Mola Development has funded the office and one person that works in the office. She said it was the decision of the Committee to offer to help pay for election costs because the feeling is that they are partially responsible for asking the tax payers to vote at a special election, and emphasized it was the decision of the Committee to try to raise that money. with regard to the varying amounts of money offered, she noted that Friday would be the last day to tie this election to the May 14th County special election, which would be a lesser cost to the citizens and supporters of the Initiative where a local special election would be considerably more. Ms. Stobbe offered that any rumored threat of lawsuits has not come from the citizens who support the Specific Plan, and reiterated that the offer to pay for the election cost has come from the citizens Initiative Committee. Ms. Carla Watson, Seal Beach citizens United, acknowledged that there are many sincere citizens who passed petitions and believe in the Mola project, yet only eight tenths of one percent of contributions to the effort has come from individuals to date and approximately $95,000 from MOla, that there is one person paid by Mola, also the Pad berg Consultants, which she deemed to be power politics. She said if the election is to be called at this meeting, would there be a certified check presented this evening to pay the election costs. There being no further comments, Mayor Wilson declared Oral Communications closed. CITY COUNCIL ITEMS/CONCERNS RESOLUTION NUMBER 4001 - CITY COUNCIL MEETINGS - PROCEDURAL RULES Resolution Number 4001 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING PROCEDURAL RULES FOR CONDUCT OF CITY COUNCIL MEETINGS. II By unanimous consent, full reading of Resolution Number 4001 was waived. Councilmember Hastings moved to adopt Resolution Number 4001 with the deletion of hand clapping from Section 12-d. Councilman Laszlo seconded the motion. He also said it was his understanding that Council Concerns would be placed after Oral communications. Councilman Hunt stated although he supported some of the changes proposed, he would vote against the Resolution on the basis of the proposed rearrangement of agenda items to be considered, specifically that he felt public hearings and 2-11-91 legislation are of prime importance and should be heard prior to City Council Items. Councilmember Hastings moved a substitute motion to continue this item until the next meeting. There was no second to the motion. The Assistant City Attorney clarified that if there was a tie vote on the motion, the Resolution could be considered at the next meeting. Councilman Laszlo supported moving Oral I Communications to the beginning of the agenda, and Councilmember Hastings spoke for allowing Council Concerns . early in the meeting. Brief discussion followed. AYES: NOES: ABSENT: Hastings, Laszlo Hunt, Wilson Forsythe Motion failed Councilmember Hastings reported attending a recent organizational meeting of a group called Save Our Beach, attended by approximately forty persons from the various areas of the community, and stated a member of that group would make a presentation on her behalf under Council Concerns. Councilman Hunt voiced his objection, stating the intent of Council Concerns is to bring issues to the attention of the City Manager and staff, that Council Items are printed on the agenda, also pointed out that beach replenishment and groin repair was listed as an item of discussion later on the agenda. Discussion followed. The Assistant City Attorney noted that City Council Items and Council Concerns had been merged on the agenda in anticipation of the adoption of Resolution 4001, and unless the desire of the Council were otherwise, the Council Items and Concerns should revert to the end of the agenda until there is further consideration and adoption of the Resolution. Wilson moved, second by'Hunt, to consider City Council Items as listed on the agenda. After further comment, Councilman Hunt amended the motion, with consent of the maker, to allow additional Council Concerns immediately after the items listed. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried COMMUNICATION - HELLMAN SPECIFIC PLAN INITIATIVE/SPECIAL ELECTION Mr. Chris Verhulst, 224 - 14th street, said he wished to make it clear that there will be a special election. He made reference to his letter addressed to the City Council with the offer to raise $50,000 to cover the cost of the election, noting that twenty-two percent of the registered voters of the City signed the petition and asked for a special election, and even though the request for election was not specified in the petition, i~ was felt the only argument against calling an election would be the cost, and the $50,000 was not intended as a threat. He suggested that a special election could be held in conjunction with the anticipated May 14th county election at considerably less cost, and explained that the offer of $25,000, should the call for election be postponed until February 25th, is less because of their intent to recirculate a petition containing the proper language calling for a special election. Mr. Verhulst stated the citizens, the Initiative Committee, and prior City council feel this is a good project for the City, includes wetlands restoration, parkland, low density, and monies through the Redevelopment Agency, also that Mr. Mola was approached to assist in funding the effort to bring the Initiative to a vote. He requested'that the Council take action to call the election. Mr. Verhulst made reference to ~.: ~I ~,t .j~ J '1"!, '''~t 2-11-91 I recent payment of a bill to the City's legal firm, to which he claimed the money was spent to thwart the Initiative and prevent a vote of the people. The Assistant City Attorney recalled that more than half of that billing was in defense of various lawsuits, an example being the Mola suit over the past two months which involved various actions such as the answer to the complaint, a demurrer, writ to the appellate court, etc., also documents relating to the Wetlands suit and other matters of litigation. staff offered to provide the Council with a breakdown of those litigation costs. Mr. Gordon Shanks, 215 Surf Place, Seal Beach Citizens United, expressed his feeling that there should be an opportunity for further comment on the letter from the Initiative Committee, of which he read excerpts, specifically, if payment for the cost of a special election is not accepted, the Committee would be forced to litigate and recirculate the petition to force a special election, and that the City should be aware that an attorney with experience in the field of election law, Mr. Daryl Wold, has been retained and authorized to commence legal action in the event the Council fails to call an election on this date. He noted also the statement that over four thousand four hundred persons signed the petition that was circulated by one hundred fifty people and called for an election, yet it is now known that there was no call for election in the petition. Mr. Shanks recalled that at the last meeting the Council requested the city Attorney to prepare an analysis of the Initiative as to its legalities, yet the Initiative group is now threatening a legal action should an election not be called, which he claimed to be harassment, also made reference to literature that offers volunteer training sessions which he said would indicate the intent to circulate another petition. Councilman Laszlo acknowledged the request that the Council call a special election, however made reference to a recent news article regarding earthquake preparation by schools, displayed a map of the Hellman property showing the Newport/Inglewood earthquake fault, and asked what rationalization there is to place houses near that fault. Councilman Hunt drew a comparison to a recent application for improvements to a thirty-seven foot lot with five existing units and request for an additional eight hundred square feet of rental space, which he claimed is an example of fifty times worse density than the Mola project. Mr. Verhulst stated that the Newport/Inglewood fault actually continues into the Marina Hill and Naval Weapons Station. Ms. Wendy Morris said her Crestview home is most likely close to the fault, that neither she or a neighbor had not been made aware of that fact, and that it would be a mistake to build near the fault. Ms. Jane McCloud, Balboa Drive, reported her employment is with a school district and offered that at one time school districts were not liable in the event of an earthquake, however the law now requires that adequate planning for schools must be done otherwise the schools are held accountable and liable for injuries in a court of law, and it would seem the same would hold true to housing as well given the information that is available. It was the order of the Chair, with consent of the Council, to declare a recess at 8:20 p.m. The Council reconvened at 8:33 p.m. with Mayor Wilson calling the meeting to order. 'I I Councilman Hunt moved to adopt Ordinance Number 1326 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION FOR THE SUBMISSION 2-11-91 TO THE VOTERS OF A QUESTION RELATING TO THE HELLMAN RANCH SPECIFIC PLAN, AND ORDERING THE CONSOLIDATION OF SUCH SPECIAL ELECTION WITH THE SPECIAL ELECTION OF THE COUNTY OF ORANGE TO BE HELD ON MAY 14, 1991." Mayor Wilson seconded the motion. By unanimous consent, full reading of Ordinance Number 1326 was waived. Discussion continued with the members of the Council expressing their views regarding the I call of the election and the proposed Hellman property project. AYES: NOES: ABSENT: Hunt, Wilson Hastings, Laszlo Forsythe Motion failed HELLMAN SPECIFIC PLAN COMMITTEE - BALLOT MEASURE Councilman Laszlo referred to the proposal developed by the Hellman Specific Plan Committee for the Hellman Ranch and asked that an advisory measure be prepared for consideration at the next meeting along with the Initiative measure, which he said could be a factor in calling a special election. Councilmember Hastings noted the report from the city Attorney would be presented at the next meeting, that there should be ample time to review that report, and indicated she would not be prepared to call an election at that time. Councilman Hunt inquired if an advisory measure could be developed within that time frame given his understanding that there would be necessity for the preparation of environmental documents. The Assistant City Attorney explained that in the case of a binding measure their opinion was that it would be necessary to comply with the requirements of CEQA, however that would not apply to an advisory measure. The Assistant city Attorney also offered I- to provide an opinion to the Council, if desired, with regard to which initiative would prevail should an advisory measure receive a much greater percentage of the vote than the Initiative measure. Councilman Laszlo inquired if the initiative process could overturn an action of the City Council that was based upon health, safety and welfare issues and new environmental concerns. The Assistant City Attorney responded that they are looking at that issue, and explained that if the Initiative is approved there would still be a need to obtain approval of the subdivision map, also that the major claim of the lawsuit is that there was no substantial evidence to support the decision to deny the project, the suit citing other issues as well, such as the Housing Element. BUDGET ADVISORY GROUP This item was held over until next meeting by consensus of the Council. APPOINTMENT - ENVIRONMENTAL OUALITY CONTROL BOARD It was the consensus of the Council to hold over the District Four appointment to the Environmental Quality Control Board until the next meeting. WATER UPDATE I' Councilman Hunt referred to a recent news article regarding water conservation plans in the various cities, however the article said Seal Beach did not have a plan at this time. He pointed out that city staff does have a water conservation plan, which is voluntary on the part of the citizens to this point, that staff is meeting with the large users to emphasize the importance of their water saving techniques, that specific conditions of the community are currently being analyzed, and legislation is being prepared to provide guidelines and penalties should implementation of .~t . ~~I!. ~, . 's.. ~ t: 1 . ,... .... :~:~, , " 2-11-91 -I further conservation be necessary when mandatory water cuts are known. Councilman Hunt noted that for the first eleven days of February water usage in Leisure World was approximately 190,000 cubic feet as compared to 215,000 cubic feet last year, this achieved through voluntary conservation and with the assistance of city personnel. I COUNCIL CONCERNS Councilmember Hastings stated comments would be made on her behalf regarding a concern of District One and the Save Our Beach Committee. Ms. Roseanne Heatherington, Seal Way, expressed her concern with the erosion of the south beach and deterioration of the pier groin, and provided photographs to the Council of conditions today in comparison to years past. Mr. Dale Heatherington displayed a large 1989 aerial photograph of the 1100 block of Seal Way showing wave action directly behind the palm trees and berm. Mr. Art Boyington, Seal Way, said his comments were taken from the Corps of Engineers report. Mr. Boyington displayed a 1945 photo showing approximately five hundred linear feet of sand in the area where buildings now exist and from breakwater to breakwater, reported the Navy then extended the Anaheim Bay breakwater approximately three thousand five hundred feet in 1944, and by 1950 considerable sand had been lost and application was made to the Corps of Engineers for assistance. Subsequently construction of a seven hundred fifty foot groin was authorized under the Harbors and Rivers Act along with placement of approximately two hundred twenty-five thousand cubic yards of sand on the east beach, which was completed about 1959. He reported Seal Beach was then removed from the sand replenishment program, and was informed. that the beach would require maintenance only and placement of twelve thousand cubic yards of quality, compatible sand on the east beach annually, however the erosion problem was not resolved by the 1959 projeqt as the Corps had claimed. He said by 1970 the City had placed approximately three hundred thousand cubic yards of sand from the west beach to east beach in less than five years, and with subdivision of the Seal Way/Ocean Avenue lots, the alleyway, and sidewalk, there remained only about one hundred sixty feet of sand by 1975. Mr. Boyington stated his firm undertook a survey of the beach that was completed in 1988, studying the same areas and amounts of sand as the Corps had in their 1978 survey, the 1988 survey showing some gain in the area of the pier and at the mean low water line over the ten year period, with the east beach extending out approximately two hundred feet further than the west beach as a result of the groin, at 11th Street the slope had receded about sixty feet, about forty feet lost at 13th. Street, approximately one hundred forty foot loss at Dolphin, and at the jetty there was a gain of ninety linear feet at the top yet about one hundred sixty-five foot loss at the bottom over eleven years. He said another survey should have been conducted this year to trace the degree of erosion, and read an excerpt from the agreement with the Corps of Engineers citing the city's responsibility to operate, maintain and repair the area during the useful life of its intended purpose, however cited the fact that the City has been unable to do so due to lack of funds. Mr. Dave Potter, Seal Way, provided pictures of the deterioration of the groin, noting that caps are broken, at low tide one can see exposed concrete, reinforcing bar, and some rock aggregate. He explained prior to the construction of Anaheim Bay and the breakwaters the beach was basically a uniform width, however upon completion the wave pattern changed and sand movement was reversed, that the groin is presently serving to hold the beach in place and without it I . 2-11-91 the sand would continue to move and the crescent shaped beach would continue to erode. He mentioned that the groin helps to protect the pier as well, noting that when the pier was reconstructed after the 1983 storms it was built five feet higher because of the force from wave action, the groin also serving to protect the Seal Way homes as well as those on the low-lying easterly end of Electric Avenue. Mr. Potter made reference to the 1985 Moffitt & Nichol report that made a number of recommendations such as repair and extension of the groin and widening of the beach, and cautioned that the longer postponed, the more expensive those improvements will become and the greater potential for considerable sand loss. Mr. Chi Kredell, 1633 Seal Way, reported that from the pier a portion of the groin can be seen moving with normal wave action, should there be storms there will likely be damage to Seal Way homes, and urged that an effort be made to obtain funds to repair the groin and replenish the beach with sand. Councilman Laszlo noted that prior to reconstruction of the pier funds were allocated annually for pier piling repair and suggested that an effort be made to increase the pier groin fund. Mr. Kredell said that the Moffitt & Nichol recommendation was not that the groin extension be built first, however pointed out that would retain more sand and somewhat curtail the erosion, also noted that the sand from the periodic Navy dredging of Anaheim Bay has not been sand of a quality to place on the beach. The Acting City Manager reported no monies were budgeted to the groin fund this fiscal year nor were there pilings in need of repair, that the groin fund was about $140,000 in 1990, and according to the Moffitt & Nichol report the groin repair would cost approximately $135,000 in 1985 dollars and the three hundred foot extension would be around $662,000. Councilman Laszlo suggested that contact be made with the city's State and federal legislators, Supervisor Wieder, and the Orange County Harbors, Beaches and Parks commission, in an effort to obtain funds or grants to aid in the repair and extension of the groin and beach replenishment. Mr. Joe Bommaritto, 1213 Seal Way, said although repair of the groin and funding thereof is important, he felt there was a greater need for sand replenishment at the earliest possible time, and suggested dredging as one means. Mayor Wilson said it would seem reasonable to expect more grant monies since persons throughout the Southern California area use the beach, also that there should be some financial assistance to clean the refuse that flows from the San Gabriel River. The Acting city Manager noted that a report from the City Engineer was provided the Council this date regarding a proposal of the Corps of Engineers to study the Orange County and Los Angeles County coastal areas for planning, improving, and better management of the coastal zones. Councilmember Hastings suggested that if the groin is not repaired there will no longer be a beach, and suggested this project be put to bid. In response to questions of Councilman Hunt, the speakers stated the groin basically affects the shape, or geometry, of the sand as opposed to the total amount of sand, that there is generally a gain' of sand in the summer and a loss during winter months, explaining that if there were no shore structures and a uniform flow of sand coming down the coast, there would be a winter/summer beach profile, the build-up and loss dependent upon the wave patterns, and confirmed that a primary objective of the groin extension and added beach sand would be a geometric change of the beach, a wider area between Seal Way and the water line, which will afford greater protection to the adjacent homes. It was also explained that the narrowest portion 'of the beach is presently four to five blocks east 1 I I , . ~'~'f':'I'f>;'\,1:r ~i!';_ ,'~'Fnr~' 't 2-11-91 I of the pier with the two hundred foot groin, and should the groin be extended four hundred feet it would move the sand, or narrowest portion of the beach, further to the east, yet there may a be a need for some periodic replenishment, and with the current slope of the beach, specifically between Thirteenth and Dolphin, it would take 122,000 cubic yards of sand to extend the beach one foot. Staff suggested that the Council could direct that a current estimate to extend the groin be obtained. Councilman Laszlo said he understood that the groin fund resulted from Environmental Reserve Tax monies, which is a tax on new construction, and suggested that an increase of that tax be looked into. I Councilman Hunt referred to correspondence from the Recreation Director and the Parks and Recreation Commission regarding the Armed Forces Reserve Center Park and requesting that public hearings be held prior to any change of status regarding that land. Councilman Laszlo explained that several months ago the Armed Forces Reserve Center heard that the Army was considering declaring this parkland surplus and at the same time the Navy was considering placing housing on the north side of the Base which would result in the loss of an existing ballfield, however due to the current war effort those proposals have not moved forward. He noted that the land is in Los Alamitos, and dependent upon the provisions of the city's lease of. the- , park there may be no need to take any action until some point in the future, and to date only precautionary.measures have been taken. Councilman Hunt clarified that his intent was to merely provide the commission with any information that is available. The Assistant City Attorney reported the park lease between the City and the federal government is presently being reviewed. CONSENT CALENDAR - ITEMS "H" thru "S" A member of the audience requested that Item "S" be removed from the Consent Calendar. Hunt moved, second by Laszlo, to approve the recommended action for items on the Consent Calendar, except Item "S", as presented. H. Approved regular demands numbered 82649 through 82858 in the amount of $623,737.42 and payroll demands numbered 44083 through 44258 in the amount of $208,151.46 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. I. Approved the minutes of the regular meeting of November 26, 1990. J. Approved the minutes of the regular adjourned meeting of December 5, 1990. I Received and filed the staff report regarding the Notice of Preparation - Draft Environmental Impact Report - Redevelopment Agency of the City of Los Alamitos. L. Received and filed the staff report regarding the Naval Weapons Station, site Inspection, Final Report. K. M. Received and filed the staff report advising of the change of meeting time of the Environmental Quality Control Board from 8:00 p.m. to 6:30 p.m. on the third Tuesday of each month. 2-11-91 N. Received and filed the staff report advising that the regular meeting dates of the Beach Commission are to be the last Tuesday of each month at 6:30 p.m. Approved the specifications for a Lifeguard Department 4 x 4 truck, and authorized the advertisement for bids. O. I P. Denied the claim for damages of Kelly Stofas and referred same to the city's liability attorney and adjuster. Q. Denied the claim for damages of John Spencer and referred same to the city's liability attorney and adjuster. R. Denied the claim for damages of Charles Simmons and referred same to the city's liability attorney and adjuster. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "S" - CLAIM FOR DAMAGES Mr. Charles Antos, 328 - 17th Street, requested a clarification of Item "S". The Assistant City Attorney explained that Seal Beach and twenty-two other Orange County cities have been served with a Notice of Claim, that the federal government has filed against the Potlatch Corporation, a manUfacturing company utilizing certain harmful chemicals, that the action was initially directed to Santa Monica Bay specifically, has now been expanded to other areas of Los Angeles and Orange Counties, and Potlatch is seeking indemnification from the cities. Laszlo moved, second by Hunt, to deny the claim for damages of the Potlatch Corporation and Simpson Paper Company, and refer same to the City Attorney. I AYES: NOES: ABSENT: Hastings, H~, Laszlo, Wilson None ............... Forsythe Motion carried APPOINTMENT - ENVIRONMENTAL OUALITY CONTROL BOARD Instead of holding this item over until the next meeting as previously requested, Councilman Laszlo nominated Mr. David Hood, wisteria Street, to the Environmental Quality Control Board representing Councilmanic District Four for the unexpired term ending July, 1992. Hastings moved, second by Laszlo, to approve the appointment. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried I PUBLIC HEARING - ZONING TEXT AMENDMENT 3-90 - VIDEO ARCADES Mayor Wilson declared the public hearing open to consider zoning Text Amendment 3-90, proposed Zoning Code provisions for video arcades. The city Clerk certified that notice of the public hearing had been advertised 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 recommendation for adoption of the Planning commission. He explained that ZTA 3-90 'ff: ..'.:4-..... Jj;, . ':'. ~( ...' . :.;f,,,.~ 2-11-91 I would establish regulations for the use of video game machines in the community and the establishment of video arcades, that establishments with three or more coin operated amusement devices would require a public hearing before the Planning Commission under a Conditional Use Permit, that two such devices would be allowed through the Minor Plan Review process, and that a.$100 per year per machine business license fee is proposed to be established, noting that the fee is current~y $25. He reported that existing businesses with two or less machines would have ninety days from the date the Ordinance would take effect to make application for a Minor Plan Review, and those locations falling within the arcade category would be allowed one hundred eighty days to make application for a Conditional Use Permit. The Director pointed out there is one currently permitted location for coin operated machines, the Super Saver Cinema, that particular Permit having brought this matter forth for consideration. He stated the city Attorney has recommended a minor modification to the proposed Ordinance, requiring that all machines must be clearly visible from the entrance and from the interior of the establishment. I Mayor Wilson invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Ms. Barbara Antoci, Seal Beach, said she has heard of increased police problems in the vicinity of the movie theatre since the arcade was allowed, and inquired if the Police Department has reviewed this proposal. The Director reported the Conditional Use Permit for the Cinema was extended in February, 1990, and at that time the Police Department indicated there was no problem with extending the use of video machines, yet did express some concern with increased activity in the parking lot area however that was not felt to be directly related to the video machines. Ms. Antoci indicated concern with video machines being located in businesses adjacent to a residential area which could result in increased noise and various problems, and made specific reference to. the Dolphin Market in her case. The Director offered it would be necessary that such use meet specific criteria such as a machine being at least one hundred feet from any residential property or three hundred feet from another business having coin operated machines, an arcade two hundred feet from a residential property or three hundred feet from another such business, another criteria being a review of that use in conjunction with the existing use of a building. He reported the initial approval would be for a period of six months with subsequent review by the Commission as to compliance with the conditions and impact on the area, that there is also a provision for consideration by the Commission at any time for public health, safety and welfare concerns, and confirmed that coin operated machines would not be allowed at the Dolphin Market as it is a non- conforming use on residentially zoned property. Councilmember Hastings voiced objection to any consideration of allowing video arcades in the downtown area, stating they do not enhance the village atmosphere or image of the . community, rather would turn Main Street into an amusement' zone, and even with the one hundred foot.restriction from residential properties, the machines could be located within an existing business and still be legal, additionally there would be a bicycle for every young person at those locations. Mr. Charles Antos, 328 - 17th street, said if the one hundred and two hundred foot measurements are taken from the location of the machines it is likely that coin operated machines could be placed all along Main Street, I 2-11-91 however if the measurement is from the property boundary they would only be allowed in a shopping center, and if these regulations are adopted it will require considerable enforcement. There being no further comments, Mayor Wilson declared the public hearing closed. ~PROPOSED ORDINANCE 1319'- COIN OPERATED AMUSEMENT DEVICES/ ARCADES Proposed Ordinance Number 13~was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 28 AND CHAPTER 11 OF THE CODE OF THE CITY OF SEAL BEACH TO ESTABLISH REGULATIONS GOVERNING THE ESTABLISHMENT AND OPERATION OF COIN-OPERATED AMUSEMENT DEVICES AND ARCADES AND ESTABLISH LICENSE FEES FOR SAID AMUSEMENT DEVICES (ZTA 3-90)." By unanimous consent, full reading of Ordinance Number 131!f was waived. Hunt moved, second by wilson, to approve the introduction of Ordinance Number 13~~and that it be passed to second reading. Members of the Council again stated their views regarding this matter. I AYES: NOES: ABSENT: Hunt, Wilson Hastings, Laszlo Forsythe Motion failed PROPOSED ORDINANCE NUMBER 1328 - COUNCILMANIC BOUNDARIES It was the consensus of the Council to hold over until the next meeting proposed Ordinance Number 1328 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, AMENDING THE COUNCILMANIC DISTRICT BOUNDARIES OF COUNCILMANIC DISTRICTS NUMBER TWO AND FOUR OF THE CITY OF SEAL BEACH AND CORRECTING THE EXISTING LEGAL DESCRIPTIONS OF COUNCILMANIC DISTRICT ONE, COUNCILMANIC DISTRICT THREE, AND COUNCILMANIC DISTRICT FIVE, AND AMENDING SECTION 2-70 OF THE CODE OF THE CITY OF SEAL BEACH." I ORDINANCE NUMBER 1324 - ZONE. CHANGE 1-90 - SURFSIDE COLONY - SOUTHERN PACIFIC RIGHT-OF-WAY - S-P PARKING TO RLD Ordinance Number 1324 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING ZONE CHANGE 1-90, CHANGING THE ZONING OF THE SOUTHWESTERLY PORTION OF THE SOUTHERN PACIFIC RIGHT-OF-WAY WITHIN THE SURFS IDE COLONY FROM S-P PARKING ZONE (S-P), TO RESIDENTIAL LOW DENSITY (RLD)." By unanimous consent, full reading of Ordinance Number 1324 was waived. Hastings moved, second by Wilson to adopt Ordinance Number 1324 as presented. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried ORDINANCE NUMBER 1325 - ZONING TEXT AMENDMENT 7-90 - SURFSIDE COLONY - SOUTHERN PACIFIC RIGHT-OF-WAY - DEVELOPMENT STANDARDS Ordinance Number 1325 was presented to Council for second I reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONING TEXT AMENDMENT 7-90, AMENDING SECTION 28- '500 THROUGH 28-506 AND 28-600 THROUGH 28-604 OF THE CODE OF THE CITY OF SEAL BEACH TO PROVIDE SPECIFIC DEVELOPMENT STANDARDS FOR THAT PORTION OF THE SOUTHERN PACIFIC RIGHT-OF- WAY WITHIN THE SURFSIDE COLONY." By unanimous consent, full reading of Ordinance Number 1325 was waived. Hastings moved, second by Wilson, to adopt Ordinance Number 1325 as presented. l4:f"'r '0- -r:r,.f"'; ': .. ','~'~ .... :'"'4 2-11-91 AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried I RESOLUTION NUMBER 4013 - PERSONNEL RECORDS - DESTRUCTION Resolution Number 4013 was presented to council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING DESTRUCTION OF CERTAIN PERSONNEL RECORDS. II By unanimous consent, full reading of Resolution Number 4013 was waived. Hastings moved, second by Hunt, to adopt Resolution Number 4013 as presented. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried RESOLUTION NUMBER 4014 - TRANSPORTATION STUDY POLICY ADVISORY COMMITTEE - SUPPORT OF CONTINUED FUNDING Resolution Number 4014 was presented to Council entitled "A RESOLUTION OF THE CITY OF SEAL BEACH SUPPORTING CONTINUING FUNDING OF THE SOUTHEAST LOS ANGELES/WESTERN ORANGE COUNTIES TRANSPORTATION STUDY POLICY ADVISORY COMMITTEE." By unanimous consent, full reading of Resolution Number 4014 was waived. Hastings moved, second by Hunt, to adopt Resolution Number 4014 as presented. AYES: NOES: ABSENT: Hastings, Hunt, Laszlo, Wilson None Forsythe Motion carried I REGIONAL GOVERNANCE - DRAFT PROPOSAL - SCAG The Director of Development Services reported the Southern California Association of Governments will be considering their draft proposal on regional governance at the March 7th general meeting, and have requested any comments to the proposal by that date. Mayor Wilson said she felt the City should participate in the regional governance concept as opposed to regional government, that there are a., number of issues where it will be necessary to work with the other communities toward solutions. At the request of Councilmember Hastings, the Acting City Manager read a letter from Michael Antonovich, Los Angeles Board of Supervisors, in opposition to the regional governance proposal, and in support of revising the tax structure to direct more funds to local jurisdictions. Councilmember Hastings agreed with the position of Supervisor Antonovich, and spoke for local representation on the proposed comprehensive regional planning body rather than local elected officials. The Director said he was not aware of other cities or the League having taken a position on this matter. The Acting city Manager offered to incorporate the comments of the Council in the City'S response to SCAG. It was the consensus of the Council to hold this item over. I PIER GROIN RECONSTRUCTION/SAND REPLENISHMENT - FINANCING It was the consensus of the Council to hold this item over until a future meeting, possibly in March. CLOSED SESSION No Closed Session was held. COUNCIL REPORT Councilman Laszlo reported his recent visit, with other Orange County representatives, to the Corps of Engineers facility in Vicksburg, Mississippi, where a modeling of the proposed expansion at the Naval Weapons Station and the Bolsa Chica project were being conducted. He explained that 2-11-91 the model was approximately the size of Council Chambers, the Bay and jetties were in place and a wave making machine was utilized, and there was discussion of the various aspects of the project. He noted attending the afternoon session with Captain Holl, two Navy engineers, and Corps of Engineers personnel, where discussion of the project continued with regard to the approximate five thousand foot I outside jetty, an inside "L" shaped jetty to be used as a loading wharf that has now been redesigned somewhat to accommodate a bridge or roadway, that various lengths and jetty shapes were used" also that the tests involved the project as a whole as well as the various phases. Councilman Laszlo said he believed construction of four of the large ships is planned, two of which are proposed for the west coast, and should they be home ported in either San Diego or Long Beach some type of expansion at the Weapons Station is likely. He noted that from conversations with persons present at the modeling, the opinion was that if the expansion is felt to be necessary the Navy will proceed with the project. ORAL COMMUNICATIONS Mayor Wilson declared Oral communications open. Ms. Marie Antos, Seal Beach, asked if councilman Laszlo had received a report from the Police Department regarding the issuance of tickets. The Acting City Manager stated a report has been requested and should be received within the next week. Ms. Wendy Morris, 1729 Crestview Avenue, referred to the letter from the Initiative Committee authored by Mr. Verhulst and voiced strong objection to a developer working through a local group of citizens to secure approval of his project, to the offer to finance an election, to the more than I ninety-nine percent funding of the initiative petition drive by the developer versus the $780 private gonations. She offered that this is not a grass roots campaign effort, it is an attempt to buy an election and the town, also with threat of another lawsuit if the election is not called by the next meeting. Ms. Morris objected to the Mayor and Councilman Hunt being party to the Initiative Committee and legal actions. Councilman Hunt responded with his opinion that the proposal of Mola Development is the best project for the city with the best economic benefits, and if not approved the alternative will be much worse, that it is believed it would be an illegal act to deny a special election, and Mola Development feels the law had been broken by the Council. Councilman Laszlo said he could foresee that acceptance of payment for the cost of the election could set a precedent. In response to Councilmember Hastings, Ms. Morris said she felt it was unethical for the councilmembers working in support of the Initiative to attend Closed Sessions where litigation is discussed. Mayor Wilson stated the purpose of the Initiative is to bring it to a_vote of the people. In response to the Mayor, the Assistant City Attorney noted their opinion to date has been that each individual member of the Council could be active in the initiative process whether it be for or against, I however should the Initiative Committee become plaintiffs in a lawsuit and members of the Council are members of that Committee, their opinion may be different. Councilman Hunt concurred with the statement of the Assistant city Attorney. Ms. Ruth Richards, Seal Beach, also voiced her objection to members of the Council being members of the Initiative Committee and listed in their official capacity. Ms. Lisa Lang, Seal Beach, said she too felt it was unethical for the councilmembers to have their names listed as part of the Initiative Committee. Ms. Carla Watson, Seal Beach, expressed her concern regarding ethics, the expenditure of 'J': " '. , " " '. 2-11-91 I nearly $100,000 in the initiative process thus far, the support of two members of the Council for the developer's plan instead of remaining neutral to consider other plans or ideas, and objected to the offer of the developer to pay the cost of an election. Councilmember Hastings questioned a councilperson appearing on video for the developer. Ms. Watson noted that Mola had offered to finance an initiative in the past, however the offer was turned down. Mayor Wilson objected to the personal attacks, also noted the past approval by the Council of the Mola project on a four to one vote, the no vote the result of the development being a gated community, and that action was supported by many of the citizens. Mr. Mario Voce, Seal Beach, said the letter that came to the Council exemplifies the feeling that this is just another business transaction rather a unbiased government, interested in money rather than the common person. Ms. Sue Corbin, Seal Beach, inquired if the Acting City Manager is preparing an ethics proposal for consideration of the council, and suggested that it would be a help to the employees of the city to expedite ethics guidelines. Ms. Wendy Rothman, Seal Beach, said the plan set forth in the Initiative i~ not the B-2 plan, it is that plan coupled with new rules and seventy-five additional acres, takes away the power of the people and places the power with the developer. She suggested that members of the Council seek legal advice before signing letters or making videos on behalf of the developer, and rather, there is a need to represent constituents by obtaining all of the facts. She stated the Initiative creates numerous legal uncertainties, that planning by initiative, although theoretically permitted, has little legal certainty in California, and is an inappropriate means of land use planning. Ms. Rothman objected to a remark implying that by not adopting the Initiative it is costing the city money, yet the cost to the city actually lies with the Council for not having'updated the Housing Element, also that the Council is not breaking the law by not immediately calling an election, it was the drafters of the petition who erred in the language of that document. Councilman Hunt acknowledged tpat the comment with regard to the Housing Element and the petition were correct, however stated all other comments were either distorted or untrue. Ms. Rothman made reference to page 2-8 of the Initiative describing planning areas 8, 9, and 10, consisting of 25, 15.3, and 35 acres, and stating that development standards and land uses for those planning areas will be determined in a later and separate amendment procedure, which she claimed would be under the initiative process, and questioned where that falls within the purview of the B-2 plan. In response to Council, the Assistant city Attorney stated that the Remainder would not be affected by the prior Council approval, that previously it would have required an amendment, and should this be adopted it will require an amendment, however the question remains as to under what process, whether or not it would require an election, noting that within the Initiative there are portions that require election, other areas cite sections of the Government Code, therefore the document appears to inconsistent on this particular issue. Ms. Jane McCloud, Balboa Drive, said her reading of the Initiative also includes the seventy-five acres and she believed it specifies a minimum of 40.3 of the acres will have a minimum of one hundred twenty-five multiple dwelling units, and if adopted by initiative vote can not be changed. Councilman Laszlo read a February 7th letter from the Old Ranch Country Club regarding a meeting of their Board of Governors with Mr. Bradshaw of Bixby Ranch and Mr. Ted Robinson, golf course architect, regarding the I I 2-1],-91/2-25-91 future of Old Ranch golf course and plans of the Bixby Company for a signature eighteen hole course, waterscaped throughout, with one hundred sixty high quality homes enhanced with lake or golf course views, a hotel and restaurant south of Lampson. Councilman Laszlo said the letter mentioned a future general membership meeting to discuss the plans, cited a recent effort at the City Council I level to place the Country Club/golf course in District Four rather than District Two, reported that Mr. Laszlo had vowed to oppose the plans, and encouraged persons to attend the February 11th Council meeting to oppose the redistricting effort. There being no further comments, Mayor wilson declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the m~eting until February 25th at 6:00 p.m. to meet in Closed 'Session. " The meeting adjourned at 12:25 a.m. Clerk and e - of Seal Beach Approved: ~"'\.'V~ ayor I Attest: Seal Beach, California February 25, 1991 The city Council of the city of Seal Beach met in regular adjourned session at 6:02 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Forsythe, Hastings, Hunt, Laszlo Absent: None Also present: Mr. Archibold, Acting city Manager Mr. Barrow, Assistant city Attorney Mrs. Yeo, City Clerk I CLOSED SESSION The Assistant City Attorney announced the city Council would meet in Closed Session pursuant to Government Code Section to discuss pending litigation, Mola Development Corporation versus City of Seal Beach, threatened litigation regarding the same property, and labor negotiations. It was the order of the Chair, with consent of the Council, to adjourn to