Loading...
HomeMy WebLinkAboutCC Min 1991-06-10 5-28-91/6-10-91 Attest: J~~' ~J-4 Mayor, ~' Approved: I Seal Beach, California June 10, 1991 The city council of the City of Seal Beach met in regular adjourned session at 6:31 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Absent: Mayor Laszlo Councilmembers Forsythe, Hastings, Hunt Councilmember Wilson Laszlo moved, second by Forsythe, to excuse the absence of Councilmember wilson from this meeting. AYES: NOES: ABSENT : Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I Mr. Bankston, city Manager Mr. Barrow, Assistant city Attorney Mrs. Yeo, City Clerk Mayor Laszlo welcomed and introduced the new city Manager, Mr. Jerry Bankston. Also present: CLOSED SESSION The Assistant city Attorney announced that the City Council would meet in Closed Session to discuss personnel matters pursuant to the Brown Act. The council adjourned to Closed Session at 6:33 p.m. and reconvened at 6:58 p.m. with Mayor Laszlo calling the meeting to order. The Assistant city Attorney reported the council had discussed the matter previously announced, gave certain direction to the city Manager regarding a workers compensation claim, and no other items had been discussed. ADJOURNMENT It was the order of the Chair, with consent of the council, to adjourn the meeting at 6:59 p.m. C C I of the Approved: ~~y=~r 6-10-91/6-10-91 Attest: I' Seal Beach, California June 10, 1991 The city Council of the city of Seal Beach met in regular session at 7:00 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. Mayor Laszlo welcomed and introduced the new city Manager, Mr. Jerry Bankston. ROLL CALL Present: Mayor Laszlo Councilmembers Forsythe, Hastings, Hunt Absent: Councilmember Wilson Laszlo moved, second by Forsythe, to excuse the absence of Councilmember Wilson from this meeting. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I Also present: Mr. Bankston, city Manager Mr. Barrow, Assistant city Attorney Mr. Whittenberg, Director of Development Services Mr. Archibold, Assistant City Manager Mrs. Yeo, City Clerk WAIVER OF FULL READING Hastings moved, second by Forsythe, 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: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I PRESENTATION Mayor Laszlo presented a city commemorative plaque to Sgt. Larry Sides in recognition of his twenty years of service to the community as a member of the police Department. Chief Stearns commended Sgt. Sides for his dedicated and loyal service, and recognized his wife and family. Sgt. Mollohan presented a gift from a College Park East family in appreciation for Sgt. Sides efforts in saving the life of their child. PROCLAMATION Mayor Laszlo proclaimed June, 1991 as "Grad Night Month" in recognition of the continued commitment of the Seal Beach, Los Alamitos, and Rossmoor communities to promote substance free celebrations throughout the schools. 6-10-91 ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Ms. Wendy Morris, Crestview Avenue, said she felt fortunate to live in a community where the residents take such active interest in their town, and suggested that the difficult period the city has just experienced be put aside and that everyone work I together for the betterment of Seal Beach. Ms. Dorothy Whyte, Candleberry Avenue, announced that the 75th Anniversary plaque dedication would take place on June 13th, 3:30 p.m. at Heritage Square. Mr. Bill Olsheski, Riversea' Road, said he was saddened to hear the tenure of Mr. Hunt as a member of the Council is about to end, and wished Councilman Hunt the best. He said the politics of elections should not resort to name calling and sloganeering as had recently been the case. Mr. Olsheski recalled speaking to the Planning Commission against the Mola development, suggesting that Seal Beach not be discussed in terms of outside developers but envisioned as it will be in year 2000. He said he had also disagreed that the Initiative would assist local businesses, rather there should be more consideration given to the fixed, low and moderate income levels of at least half of the population and a concentrated effort made to provide businesses directed toward those income levels, which he described as a means to slow growth as opposed to further development to enhance the business community. Mr. Bruce Stark, Seal Beach, presented a breakdown he had prepared of the results of the June 4th Special Election, also objected to a suggested contribution by Mola Corporation to drill another water well as mentioned in a letter read at the last meeting from the Metropolitan Water District. Mr. st. John, Catalina Avenue, suggested that the community take a lead from comments of Mick Hellman I in a recent news article regarding the June 4th election, that now is not the time to attack each other, to fight, or rejoice, that there has been no victory, many losses, that the past should be forgotten, and there should be a move forward to positively plan for the future. Mr. st. John relayed the opinion of business acquaintance that Seal Beach is a wonderful place to live, has outstanding Police and Fire Departments and citizens as well, and suggested that is where the concentration should lie for next several years. He noted the recent election had been his first political involvement, that he had met persons from nearly all of the areas of the community, and suggested specifically that Leisure World should not be excluded, rather their knowledge and expertise should be recognized. He said the city should have known it was in trouble when columnist Dana Parsons attended a Council meeting to only be disappointed that it had not been as hostile as he had expected. Mr. st. John expressed his desire that the city Council move forward to conduct their business without hostilities and anger, that comments be pertinent yet objective, that there be no more lawsuits or allegations of Brown Act violations, that the Council and Planning Commission be allowed to do their job and that the citizens cooperation with one another. Mr. Gordon Shanks 215 Surf Place, agreed that the city should I move forward, noted that census data should be forthcoming in the near future, that the Council could commence formation of a Redistricting Committee, and possibly Leisure World could comprise two rather than three districts, which in itself could be a unifying factor. Mr. Shanks said he hoped that the wars in Seal Beach and the Persian Gulf are now over. Mr. Laird Mueller, 8th Street, said he believed the only difference between the Council districts is the wall around the Leisure World area, that he felt those residents want to work with the rest of the community, that there should be an effort to unify the City, access to ~.. . -:-',1',lt 6-10-91 Leisure World being one means. There being no further comments, Mayor Laszlo declared Oral Communications closed. I APPOINTMENTS - BUSINESS ADVISORY COMMITTEE Councilmember Hastings moved to appoint Mr. Harold Rothman to the Business Advisory Committee as the District One representative. Councilmember Forsythe seconded the motion. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried Councilman Hunt moved to appoint Ms. Sandra Field as the District Five representative to the Business Advisory Committee. Mayor Laszlo seconded the motion. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried APPOINTMENT - ENVIRONMENTAL OUALITY CONTROL BOARD The District Five appointment to fill the vacancy on the Environmental Quality Control Board was held over. I RESIGNATION - COUNCILMAN HUNT Councilman Hunt read a prepared statement as follows: "In late afternoon, June 4, election day, I released the following to the three local newspapers. Without regard to the outcome of Measure A-91 and B-91 it is my intent to resign from the City Council. The exact date will be cooperatively worked out with the City Council to achieve an orderly transition. I reached this personal decision about a month ago and decided to delay announcement until the election was complete. There are no hard feelings involved nor is there any ill will. I am physically and mentally weary....burned out. To you, remaining on the Council, I sincerely wish you good fortune. Your challenges are as difficult as any faced by your predecessors - probably more difficult. I wish you well. My strong personal preference is to be relieved of duty as quickly as possible. I personally do not see benefit in my being present here any longer and unless you have some special request I respectfully ask that you excuse me from any further activities on this Council." The City Manager read a statement of Councilmember Wilson commending Councilman Hunt, his integrity, and sincere caring for the city of Seal Beach. Councilman Hunt bid the Council farewell and submitted his written resignation to the City Clerk. In response to the Council, the Assistant City Attorney explained that the city Charter provides that the Council has thirty days in which to make an appointment to the vacant position otherwise it would be necessary to call an election. It was suggested that District Five residents having an interest in the position submit their qualifications in writing for consideration by the Council. Councilmember Hastings conveyed appreciation to Mr. Bob Eagle for his $500 donation to the Eisenhower Park Renovation Fund. I POST-ELECTION COMMENTS Councilmember Hastings said she felt everyone was gratified by the large election turnout on June 4th. She noted that the voters were inundated with campaign literature, made their decision, and gave clear direction to the Council 6-10-91 representatives. Councilmember Hastings expressed appreciation to the voters for validating the council majority decision on the Hellman property, and said the Council shall be committed to continue to serve residents first. Councilman Laszlo said he believed that all of the people that voted in the June 4th election, whether their vote was yes or no, showed a concern for their community, and indicated his desire that the City now move forward. Councilmember Forsythe said she felt the vote was overwhelming and agreed that the city should now move forward in a positive direction. I CONSENT CALENDAR - ITEMS "G" thru "K" councilmember Hastings requested that Item "K", the plans and specifications and authorization to advertise for bids for the city Hall Roof and Air Conditioning, be held over until after the budget hearings. Mayor Laszlo requested that Item "I" be removed from the Consent Calendar. Hastings moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar, except Items "I" and "K", as presented. G. Approved regular demands numbered 84026 through 84154 in the amount of $360,474.96 and payroll demands numbered 45510 through 45684 in the amount of $210,245.53 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. H. Approved the Agreement for Animal Control and Shelter Services with the County of Orange for the period July 1, 1991 through June 30, 1992 and authorized the Mayor to execute the Agreement on behalf of the City. J. Authorized the Orange County Sanitation District to provide legal defense relating to the Potlatch versus Montrose legal action. I AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I" - AGREEMENTS - BIXBY RANCH - ENVIRONMENTAL IMPACT REPORT PREPARATION The Development Services Director reported a modification to the agreements with Bixby Ranch Company and EIP Associates to further clarify that the aviation consultant would be selected exclusively by the City, the cost of that consultant to be reimbursed by Bixby, and that their work is to be coordinated with EIP Associates to complete the final EIR document, the specific wording of the modification having been provided to the Council this date. Given the draught conditions in the Southern California region, Mayor Laszlo suggested there be provision for a report specific to water use and the effect on the water supply and water system in the community as a whole. The Director explained there will be two areas of the EIR document where those issues will be addressed, the hydrology and drainage section discussing the current requirements of the Bixby Golf Course to retain a certain amount of surface water drainage that I I I I "'F . . . ,'." 6-10-91 comes from the north and east of the golf course during flood conditions, noted the present requirement of eighty acre feet, and preliminary indications from the consultant, are that the amount will need to be increased to provide additional storage on the property as a result of increased development upstream. He stated that the issue of water usage of the proposed development will be addressed under the utility section of the EIR and is a standard analysis for all projects, that the consultant will not only look at the direct impacts of the project but the cumulative impacts on the entire community. He noted that there will be a number of opportunities for the various City bodies, staff, and public to respond to the consultant as to whether or not it is felt their analysis is sufficient. Councilmember Hastings asked if the last paragraph of Section 19 of the EIP Agreement, conflict of interest, is generic language or if it applies to all or specific portions of the Bixby property. The Director responded that it applies to all of the property within the application filed with the city, also explained that the revised language was added to the agreement with Bixby and EIP so that all parties will be aware that the City will be selecting the aviation consultant. Laszlo moved, second by Hastings, to approve the agreement with Bixby Ranch Company for reimbursement of Environmental Impact Report preparation and processing and__ staff support services as amended, approve the agreement with EIP Associates for consulting services for the preparation of the EIR as amended, and approve the agreement with Claire Associates, Inc. for professional services to provide the necessary staff support to the Department of Development Services to provide technical assistance in the areas of project management and processing of the proposed application. AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried ITEM ilK" - PLANS and SPECIFICATIONS - CITY HALL ROOF/AIR CONDITIONING Hastings moved, second by LasZlo, to hold this item over until after the budget process. AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried RESOLUTION NUMBER 4050 - SIGNATURE AUTHORIZATIONS Resolution Number 4050 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING AUTHORIZATION TO SIGN DEMANDS AND CHECKS FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE BANK OF AMERICA, SECURITY PACIFIC NATIONAL BANK, WELLS FARGO BANK AND FIRST INTERESTATE BANK; AND AUTHORIZING ALTERNATE SIGNATURES AND RESCINDING RESOLUTION NUMBER 3987." By unanimous consent, full reading of Resolution Number 4050 was waived. Hastings moved, second by Laszlo, to adopt Resolution Number 4050 as presented. AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried 6-10-91 CONTINUED PUBLIC HEARING - FIRE PREVENTION FEES/FALSE ALARMS/MISCELLANEOUS NON-EMERGENCY SERVICES Mayor Laszlo declared the continued public hearing open to consider proposed Fire Prevention Fees. The City Clerk certified that the notice of public hearing had been advertised as required by law, and reported no communications received either for or against this item. I The Assistant city Manager referred to a June 3rd letter from the orange County Fire Department addressing concerns of the council brought forward at the last meeting regarding the plan check process for Surfside, the letter advising that plan check and inspection fees for additions to existing single family homes or new homes will only be required where Fire Department access or water supply for fire protection is deficient. He deferred any further explanation of the application of plan check fees in surfside to the Fire Department representative. Mr. Bob Hennessy, Assistant Chief, Orange county Fire Department, explained that the narrative of their report relating to plan check fees should have focused on commercial, industrial, and multi-family construction, however residential construction will also be checked in areas where Fire Department access and deficient water supplies pose a problem. Mr. Hennessy reported the fee for plan check and inspection of new construction for alterations, additions and improvements is $141, plan check and inspection of new buildings, primarily focused on commercial, industrial, and multi-family units is $345, those fees subject to an annual CPI, the fees based on two factors, the average length of time to conduct a typical plan check and field inspection, and those figures compared to the fees of other fire agencies. He explained the penalty charge for false alarms I is intended to encourage persons with private security systems to ensure they function in the manner in which they are intended, as an example, activating an alarm by testing a sprinkler system without notification to the emergency response agency would result in a $105 penalty, and in the case of two system malfunctions within a thirty day period that would likewise result in a $105 penalty. Mr. Hennessy advised that a flier is being developed that will be distributed by the fire companies to notify their clients of the regulations, fees and penalties, he also explained that upon inspection if there are no Fire Code violations, there is no charge, also if there are violations which are subsequently corrected there will be no charge. He stated the program is expected to be implemented by August 1st, that there will be an effort to advise the public of the permit fee program, as well as a prior contact with those -' businesses that utilize certain materials that could be hazardous to life and property regarding the inspection program. It was suggested that the information be provided to the local newspapers for information of the residents and businesses. Mayor Laszlo invited members of the audience wishing to speak to this matter to come to the microphone and state I their name and address for the record. Mr. Bruce stark, Seal Beach, suggested citations be imposed for malfunctioning auto alarms. Staff advised that if such citation program were desired, it would be implemented through a separate ordinance. There being no further comments, Mayor Laszlo declared the public hearing closed. RESOLUTION NUMBER 3980 - ENACTING FIRE PREVENTION/FALSE ALARM/MISCELLANEOUS SERVICE FEES - ORANGE COUNTY FIRE DEPARTMENT Resolution Number 3980 was presented to Council entitled "A . "'~" II'~" . I ":'~ \ ~., .' .. 6-10-91 I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ENACTING FEES FOR FIRE PREVENTION, FALSE ALARMS AND MISCELLANEOUS SERVICES PROVIDED BY THE ORANGE COUNTY FIRE DEPARTMENT AND AUTHORIZING THE COUNTY OF ORANGE TO ADMINISTER, COLLECT AND ENFORCE FIRE SERVICE FEES." By unanimous consent, full reading of Resolution Number 3980 was waived. Hastings moved, second by Forsythe, to adopt Resolution Number 3980 as presented. AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried I It was the order of the Chair, with consent of the Council, to declare a recess at 8:18 p.m. The Council reconvened at 8:35 p.m. with Mayor Laszlo calling the meeting to order. CONTINUED PUBLIC HEARING - ALARM SYSTEMS Mayor Laszlo declared the public hearing open to consider amending Chapter 2A of the Code relating to alarm systems. This hearing was advertised, continued, and posted in conjunction with the prior public hearing relating to fire prevention fees, and no communications were received either for or against this item. The Assistant City Attorney clarified that the proposed Ordinance amends Chapter 2A of the Code to regulate both fire and burglar alarms, also recommended that the prior comments of Mr. Stark be incorporated by reference under this public hearing as well. There being no comments from the audience, Mayor Laszlo declared the public hearing closed. ORDINANCE NUMBER 1336 - ALARM SYSTEMS Ordinance Number 1336 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 2A OF THE SEAL BEACH MUNICIPAL CODE REGARDING ALARM SYSTEMS." By unanimous consent, full reading of Ordinance Number 1336 was waived. Hastings moved, second by Forsythe, to approve the introduction of Ordinance Number 1336 and that it be passed to second reading. AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried I PUBLIC HEARING - TRANSPORTATION DEMAND MANAGEMENT Mayor Laszlo declared the public hearing open to consider amendment of Chapter 28 of the Municipal Code relating to Transportation Demand Management. 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, explained that the Ordinance proposed is the result of Proposition 111, one requirement being the preparation of a Congestion Management Plan, the Orange County cities required to complete a number of phases to that Plan in concert with and under the direction of the responsible agency, the Orange County Transportation Authority. He reported the Transportation Authority has made a policy determination that three phases of Proposition 111 requirements are to be completed this year, preparation of a seven year Capital Improvement Program, which was completed and submitted to the Transportation Authority previously, preparation of information regarding the existing level of service on major 6-10-91 streets within the city, which was done in conjunction with the citywide traffic impact fee study approximately one year ago, and the Transportation Demand Ordinance which is before the Council for consideration. The Director explained tha~ the Ordinance would require all new commercial or industrial development anticipated to generate more than one hundred employees at a particular location to come before the Planning Commission, that body having a number of options to encourage car pooling, ridesharing, transportation alternatives such as bicycling, information regarding bus routes, computer commuter services, etc. In response to Council, the Director reported a Level of Service Deficiency Plan is only required for those streets shown on the County Congestion Management Program, Pacific Coast Highway the only street shown, therefore it is not necessary to address that Plan at this time, however noted that should Seal Beach Boulevard be added to the County Plan at some point in the future there would then be a requirement to conduct an analysis of the Seal Beach Boulevard/Pacific Coast Highway intersection. with regard to a development in another community, Huntington Beach as an example, impacting the level of service in Seal Beach, the Director explained that Huntington Beach would be required to provide mitigation to maintain the existing level of service if it is at liE" or "F", if the existing level is higher than "E" or "F" there is no mitigation necessary, that issue would be addressed in the environmental documents for the project, again noting that this applies only to commercial, industrial, and institutional development, including public facilities. He said he believed the level of service on Pacific Coast Highway is either "E" or "F", confirmed that Seal Beach BOUlevard is an arterial highway and it is believed it was not included on the County Congestion Management Plan because the level of service is basically "C" or above, 'and possibly "D" at the freeway interchange. He noted also the one hundred employee criteria would be determined on a total employment basis. Mayor Laszlo 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. Mr. Bruce Stark, Seal Beach, requested that this ordinance be held in abeyance until all requirements of the statute can be met, he said the staff report correctly noted that the statute was silent as to what the ordinance should contain, but it does require planning for land use development, that the likelihood of Seal Beach attracting an employer with one hundred or more employees is remote, yet a housing development that would attract many more people is not addressed by the ordinance. Mr. Stark objected to the County requiring cities to adopt the ordinance whether or not it addresses the needs of the city, and in the case of Seal Beach it would be housing development. Mr. stark questioned if the service level of the Pacific Coast Highway/Seal Beach Boulevard intersection was determined by the most recent standards of the Department of Transportation as required by the statute or under the prior, less stringent standards. He suggested that this ordinance be rejected and another be prepared specific to Seal Beach. Ms. Georgiana Brown, 14th Street, asked if the ordinance would apply to businesses having one hundred or more employees that are presently in the City, making specific reference to the Rockwell corporate peadquarters. There being no further comments, Mayor Laszlo declared the public hearing closed. ORDINANCE NUMBER 1338 - TRANSPORTATION DEMAND MANAGEMENT Ordinance Number 1338 was presented to Council for first -I I 'I - ..""'to-J 6-10-91 I reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING THE CODE OF THE CITY OF SEAL BEACH TO ADD ARTICLE 32 ENTITLED "TRANSPORTATION DEMAND MANAGEMENT" TO CHAPTER 28 OF THAT CODE." By unanimous consent, full reading of Ordinance Number 1338 was waived. In response to various questions, the Director reported that any existing employer with one hundred or more employees is governed by Rule Fifteen of the South Coast Air Quality Management District which also requires carpool and vanpool programs, transportation information, etc. that would serve their employees, the proposed Ordinance would apply to new development that would not otherwise be subject to those requirements at the time of building permit approval, allowing the City to require those programs and related facilities that have not been required in the past. He said he was not certain why Seal Beach Boulevard had not been included in the Congestion Management Plan, however upon review of the existing traffic counts every intersection along "pacific Coast Highway during both a.m. and p.m. hours was registered as "F", that Seal Beach Boulevard at Bolsa was registered as "A", Lampson Avenue in the a.m. was "B", liD" in the p.m. with regard to a time frame for adoption of the Ordinance, the Director explained that the Orange County Transportation Authority asked that all cities wishing to receive the Proposition 111 additional gas tax funds adopt their ordinances by April 15th, however they indicated that the City would be allowed to receive the funds when they are first allowed to be distributed if the Ordinance is readily adopted. He pointed out that the lead agency for Orange County, the Transportation Authority, directed the ordinance to employment generating facilities, whether that is felt to be good or bad. The Assistant City Attorney mentioned that he did not feel the Ordinance proposed by the county has a great impact and there would be no harm in adopting it to ensure receipt of the gas tax funds, however suggested that subsequent to first reading the staff could look into a modification of the ordinance to include housing, yet a question would be whether the County would accept such modification. Discussion continued. Mr. stark said the threat of the County is that they will withhold monies from the City unless the Ordinance is adopted, however stated the County can not do so without going through a lengthy process, that process provided by the statute itself. The Assistant City Attorney again explained that the County had requested the Ordinance be adopted by April 15th, however given the established procedure of the city to hold public hearings before the Planning Commission and the Council, they agreed to accept the Ordinance if adopted by June, and with regard to changes, they indicated their desire to have all of the cities adopt the same document, yet said they would accept it if the changes were not substantial. The Director requested that the staff be allowed to explore at the County level to what degree the Ordinance could be amended to include housing, and possibly provide additional language for consideration of the Council at the second reading of the Ordinance, noting that there would be concern if the city were to amend the Ordinance only to have the County reject it. It was indicated by the Council that the County should be made aware of the reservations of this City with the proposed Ordinance, and that the City's desires regarding the inclusion of housing should be stressed. Hastings moved, second by Forsythe, to approve the introduction of Ordinance Number 1338 and that it be passed to second reading. I _I , 6-10-91 AYES: NOES: ABSENT : VACANCY: Forsythe, Hastings, Laszlo None wilson One Motion carried The Assistant city Attorney made reference to the Development Standards of the Ordinance, and noted that if a I housing project were proposed, if there were a nexus to the traffic produced by that project, the development standards could be imposed as conditions to the project, however clarified the desire of the Council that the County be made aware that the City would prefer to have the Ordinance expanded. ORDINANCE NUMBER 1334 - CONTRACT AMENDMENT - PUBLIC EMPLOYEES' RETIREMENT SYSTEM Ordinance Number 1334 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SEAL BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." By unanimous consent, full reading of Ordinance Number 1334 was waived. It was noted that this item ratifies a previously negotiated Memorandum of Understanding with the Police Officers Association. Hastings moved, second by Forsythe, to adopt Ordinance Number 1334 as presented. AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried I' ORDINANCE NUMBER 1335 - CITATION POWERS - LIFEGUARD DEPARTMENT Ordinance Number 1335 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AUTHORIZING CITY LIFEGUARDS TO ISSUE CITATIONS FOR VIOLATIONS OF THE CODE OF THE CITY OF SEAL BEACH PURSUANT TO SECTION 836.5 OF THE CALIFORNIA PENAL CODE, ESTABLISHING PROCEDURES FOR SUCH CITATIONS PURSUANT TO SECTION 853.6 OF THAT PENAL CODE, AND AMENDMENT THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1335 was waived. Councilmember Forsythe clarified that the primary intent of this Ordinance was to allow Lifeguard personnel to issue citations from their boat where it is difficult for the Police Department to do so. Forsythe moved, second by Hastings, to adopt Ordinance Number 1335 as presented. AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried ORDINANCE NUMBER 1337 - MOTOR VEHICLE REGISTRATION FEES - I AIR POLLUTION PROGRAM FUNDING - ESTABLISHING AIR OUALITY IMPROVEMENT TRUST FUND Ordinance Number 1337 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH EXPRESSING SUPPORT FOR THE USE OF MOTOR VEHICLE REGISTRATION FEES TO FUND PROGRAMS TO REDUCE AIR POLLUTION FROM VEHICULAR SOURCES, AND AMENDING THE CODE OF THE CITY OF SEAL BEACH TO ESTABLISH AN AIR QUALITY IMPROVEMENT TRUST FUND AND TO ' PROVIDE FOR THE USE OF MONIES DEPOSITED INTO THAT FUND." By unanimous consent, full reading of Ordinance Number 1337 was waived. Forsythe moved, second by Hastings, to adopt Ordinance Number 1337 as presented. . ,r" __. 'y I 'i~~! 6-10-91 AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried I RESOLUTION NUMBER 4051 - MAYORAL APPOINTMENTS Resolution Number 4051 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CONFIRMING APPOINTMENTS MADE BY THE MAYOR OF REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES AND ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS AND REPEALING RESOLUTION NUMBER 4045." By unanimous consent, full reading of Resolution Number 4051 was waived. Laszlo moved, second by Hastings, to adopt Resolution Number 4051 as amended to reflect Councilmember Wilson as the alternate representative to Sanitation District Number Three, Mayor Laszlo as the representative to the West Orange County Water Board, Councilmember Hastings and Mayor Laszlo as the Council Finance Committee, Mayor Laszlo as the representative to the Orange County Division of the League of California Cities, and councilmember Wilson as the alternate representative to the League of Cities. AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried I RESOLUTION NUMBER 4052 - SPEED LIMIT - BOLSA AVENUE Resolution Number 4052 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING SPEED LIMITS ON BOLSA AVENUE AND RESCINDING ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 4052 was waived. The Acting City Manager presented the staff report of the city Engineer, noting that a second speed survey of Bolsa Avenue had been done on May 15th showing the average p.m. eastbound speed to be 34.5 miles per hour, 34.7 westbound, the eighty- five percentile speed eastbound of 38.0 miles per hour, 39.0 westbound, therefore a recommended speed for Bolsa Avenue of 35 miles per hour. The memorandum explained the eight-five percentile basis as established by the Automobile Club of Southern California, and legal concerns should the speed limit be lowered. Councilmember Forsythe said she believed the reason the survey concluded that the speed limit should be thirty-five is that the traffic was moving within the eighty-five percentile in five mile increments of the existing speed limit, and inquired if the area were posted for twenty-five miles per hour would not the survey show the speed limit should be twenty-five. She noted that the referenced legal opinions were issued a number of years past, and although the opinions cite that prevailing speeds are to be based upon traffic and engineering studies, accident reports, and highway roadside conditions not readily apparent to drivers, there are existing circumstances on Bolsa Avenue that need to be considered, specifically the elementary school. The city Manager concurred that the Council could adjust the subject speed limit, however the question becomes whether that speed would be enforceable, citeable, and whether the courts would impose penalties, and it is likely they would not. He pointed out that since Bolsa is presently posted for thirty- five and based upon the survey, the Council would have no option other than to accept the report as presented, however offered that the staff contact the Orange County courts to ascertain whether they have adopted a policy for exceptions to the percentile basis. Councilmember Forsythe again cited 'I 6-10-91 the existence of the elementary school, traffic exceeding the posted limit, and in areas where there are no sidewalks the children walk in the street. Councilmember Hastings said that the Navy housing should also be factored into this consideration. The Assistant City Manager pointed out that on occasion of a citation being challenged, the City would be required to submit the speed survey and the courts I generally base their decision on whether the speed is within the eighty-five percentile. It was the consensus of the Council to hold this item over pending further research by the staff into this matter. RESOLUTIONS NUMBERED 4053 / 4054 / 4055 - 'STREET LIGHTING ASSESSMENT DISTRICT The Assistant City Manager presented the staff report of the city Engineer relating to the process to continue the Street Lighting Assessment District for 1991/92 and setting the public hearing for June 24th. It was noted that the proposed assessment for Zone 1, single family homes in College Park East and West, the Hill and Cove areas would be $21.82, Zone 2, single family homes in Old Town would be $12.22, Zone 3, Leisure World condominiums would be $1.23, and Zone 4, Surfside would be $4.10. In response to questions of Councilmember Forsythe, he said he believed the $7500 expense is to cover the engineering consultant costs for the following year, and the $18,000 contingency is a reserve to cover any cost that may exceed budget. Hastings moved, second by Forsythe, to waive full reading and adopt Resolution Number 4053 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER'S "REPORT" FOR A STREET LIGHTING ASSESSMENT DISTRICT", Resolution NUmber 4054 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE ENGINEER'S "REPORT" FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS IN A STREET LIGHTING ASSESSMENT DISTRICT", and Resolution Number 4055 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A STREET LIGHTING ASSESSMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING. II I AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 9:41 p.m. The Council reconvened at 9:50 p.m. with Mayor Laszlo calling the meeting to order. RESOLUTION NUMBER 4056 - ARTERIAL HIGHWAY FINANCING PROGRAM Resolution Number 4056 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, I CALIFORNIA, INFORMING THE ARTERIAL HIGHWAY FINANCING PROGRAM ADVISORY COMMITTEE OF THE STATUS OF THE CITY OF SEAL BEACH MASTER PLAN OF ARTERIAL HIGHWAYS." By unanimous consent, full reading of Resolution Number 4056 was waived. Forsythe moved, second by Hastings, to adopt Resolution Number 4056 as presented. AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried .".'. ;~tb.J~~,l'" r ~ ., '... '."' ~ 6-10-91 I RESOLUTION NUMBER 4057 - RESIDENTIAL/COMMERCIAL TRASH COLLECTION CHARGES It was the consensus of the Council to hold over until the next meeting Resolution Number 4057 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INCREASING RESIDENTIAL AND COMMERCIAL MONTHLY TRASH COLLECTION CHARGES TO COVER THE COST OF ORANGE COUNTY LANDFILL GATE FEES AND REPEALING RESOLUTION NUMBER 3971. II RESOLUTION NUMBER 4058 - REGIONAL FUNDING PROGRAM - MEASURE M Resolution Number 4058 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ENDORSING THE REGIONAL FUNDING PROGRAM CONSISTENCY AND ELIGIBILITY CRITERIA FOR MEASURE M." By unanimous consent, full reading of Resolution Number 4058 was waived. The Assistant city Manager reported this item was before the Council at the request of the Orange County Division of the League of cities, the League having approv~d a definition of, and process for, determining the consistency of a local jurisdictions circulation plan with the Master Plan of Arterial Highways for Measure M purposes, and requires approval by two-thirds of the cities representing two-thirds of the incorporated residents of Orange County. It was clarified that the Seal Beach Circulation Element is currently consistent with the County Master Plan of Arterial Highways. Mayor Laszlo objected to the city having no input to this matter. Hastings moved, second by Forsythe, to adopt Resolution Number 4058 as presented. 1 AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo Wilson One Motion carried .1 RESTRIPING OF SEAL BEACH BOULEVARD The Director of Development Services presented the staff report, noted the initial request from residents along Seal Beach Boulevard to the Planning Commission was to reinstitute the process to allow mixed residential/commercial use along the Boulevard from Pacific Coast Highway to Electric Avenue, also for an interim program to ~ncrease the number of parking spaces through angled parking. He stated upon initial review of the zoning matters the Planning Commission requested the staff to bring back a more refined version of proposed development standards, also a request for information regarding the number of additional spaces, the cost, funding sources, time frame, etc. The Director stated the initial recommendation of the Planning and Public works/ Engineering Departments is that there be no change to parking between Pacific Coast Highway and Landing Avenue, that the parallel parking and drive lanes remain as they presently exist, primarily to allow a reasonable transition area, the staff recommending a stop sign at Landing Avenue where at that point there is the option of angled parking on either both or one side of the Boulevard. He noted that if angled parking were provided on the westerly side only, parking could be increased by eight additional spaces, that number taking into consideration the existing curb cuts and the required distance from new fire hydrants that would be required. The Director pointed out that angled parking would eliminate the bike lane on both sides of the street, that being the result of having to move the center line in order to maintain an adequate driving lane, and in order to maintain the existing parallel parking on the Navy side there would be an inadequate area for both parking and a bike lane, also if the parking on the easterly 6-10-91 side were eliminated there would be an approximate twenty- nine space loss, which was not the intent of the request, and in turn if angled parking were provided on both sides of the street there would be an increase of approximately seventeen spaces. He estimated the time frame to sandblast, restripe and resign the street would be about four to six weeks, the equipment and sand cost in the range of $1,000 -- with the Public Works Department actually performing the work. The Director explained that the Bicycle Element of the General Plan indicates that the area should have designated bike lanes, the plan under consideration would eliminate those lanes, also that the plan adopted in 1985 provided for bike lanes on both sides of the street, and did not provide for angled parking on the Navy side. with regard to how this proposal would affect roadway maintenance/improvement funds from the County, he explained that originally Seal Beach Boulevard was designated as a secondary arterial which requires one hundred feet of right- Of-way, eighty-four feet of paving curb to curb, and two travel lanes in each direction, however the adopted urban design for the area was different in that it provided one travel lane in each direction, therefore staff would request authorization to negotiate with the County for redesignation of the street from a secondary arterial, to a commuter street, which is one travel lane in each direction, requiring approximately forty foot width curb to curb, the street presently being fifty-six feet wide. He added that it is the opinion of the City Engineer that providing angled parking and the addition of the stop sign would make Seal ' Beach Boulevard similar to Main Street, and liability would be no different or greater. The Director confirmed that should the angled parking be implemented the bike lane would not be a designated lane for approximately one block from Landing Avenue to just north of the alleyway south of Electric, also should the area be restriped it would be appropriate to direct staff to amend the General Plan to eliminate the requirement for the designated bike lane in the area. He noted that the County has been agreeable to similar amendments proposed in the past, and upon a fairly recent review by the County of their circulation Element they were not opposed to eliminating a portion of the bike lane on Ocean Avenue, First Street and an area near the freeway. Councilmember Forsythe indicated concern with the loss of any portion of bike lane, stated there is need for a north/south lane on the easterly end of the City, and inquired if would be possible to work with the Navy to arrange for a lane on or adjacent to their property. The Director said it may be possible to negotiate with the Navy to determine if they would allow an encroachment upon their property, and ,should they be agreeable to a bike lane use, some additional cost would be involved,for asphalt, , transition ramps from the street to and from that area, etc. Councilmember Hastings reported the city Engineer had advised that there is a eighty foot easement for Seal Beach Boulevard, the street area is fifty-six feet wide, therefore there would be twelve feet on the easterly side that could be utilized for a bike lane, which she said is City property rather than Navy, that asphalt rather than concrete surfacing could be used temporarily, indicated also that a small sidewalk area would be preferred. The Director confirmed that the angled parking spaces proposed would be 14.5 feet, slightly longer than the 12.0 and 13.0 foot spaces on Main Street, stated there is no use currently proposed for the twelve feet on the easterly side of the Boulevard given the lack of city funds, and estimated the cost of concrete to be approximately three times greater than asphalt. He pointed out that the long-term plan for I I I , . .-f' >. '.. . 6-10-91 I the Boulevard includes angled parking on at least one side of the street and designated bike lanes on both sides of the street, should the change of zoning for the area be considered it is likely there could be some new development creating business opportunities that would benefit from the additional parking, and confirmed that a crosswalk is proposed in the vicinity of Landing Avenue. He said it is presumed that whatever parking restrictions exist on the Boulevard now could continue to apply if there were angled parking, reported that the Traffic Safety Committee has not considered the placement of a stop sign at Landing, however the City Engineer concurred that it would be appropriate at that location. Ms. Beverly Casares, Seal Beach, stated the pump station at Electric Avenue is within the easterly easement of the Boulevard, as observed from the survey mark at Pacific Coast Highway, allows more than an adequate area for bike lanes, if diagonal parking is implemented, she indicated support for diagonal parking on both sides of the street however suggested there be unlimited parking hours on the east side, and questioned whether the City would lose County funding if the bicycle lanes are removed. Mr. Walt Miller, Seal Beach Boulevard resident/business owner, described his personal experiences with regard to hazards for cyclists with parallel parking. He expressed his preference for diagonal parking as it related to safety factors for cyclists, the plan proposed offering an opportunity to improve the Boulevard, bring attention to the businesses located on that street, and enhance the safety of persons exiting vehicles and those riding bicycles. Mr. Miller clarified his preference for diagonal parking on both sides of the Boulevard, for a crosswalk as well, stated the proposal will act as a buffer by pulling traffic from other residential streets, yet will serve to acquaint persons with the businesses which in turn will provide an opportunity to increase sales tax, and likely encourage improvements to properties. Mr. Frank Pryor, 233 Seal Beach Boulevard, spoke in support of the diagonal parking, restriping, and the stop sign, the result of which will improve the area for businesses as well as slow traffic on the Boulevard. Ms. Seretta Fielding, owner of the pre-school, urged the Council to adopt the proposed plan as a first step towards improving Seal Beach Boulevard. Mr. Charles Antos, 323 - 17th Street, questioned the liability that may arise from diagonal parking, claiming that persons parking on the easterly side of the street will either walk on the dirt area or in the street towards the crosswalk or they will jaywalk, therefore the likelihood of a liability incident. Question was posed as to whether there is any greater liability with diagonal parking as opposed to parallel parking. Staff responded that the issue would be whether it would create a more dangerous condition, and there are likely engineering studies that would support angled parking as opposed to parallel parking. Councilmember Forsythe offered that although the city should attempt to do as much as possible to improve the business community and this particular area, there have been issues brought forward that should be addressed prior to moving forward. Councilmember Hastings noted the difficulty for Seal Beach Boulevard property owners to obtain loans to improve their properties and the area in general. The Director explained that the proposal under consideration is an attempt to implement some of the goals of the previously adopted Seal Beach Boulevard design plan that included diagonal parking, two travel lanes, a landscaped median, etc., and offered to address the concerns brought forth for information of the Council as expeditiously as possible. I I 6-10-91 COUNCIL CONCERNS Councilmember Forsythe reported speaking with a member of the Junior Womens Club regarding their upcoming Lasagna Dinner fund raising event where fifty percent of the proceeds are designated for the David Lupash Foundation and fifty percent for Eisenhower Park Renovation, and it is the request of the Juniors that should there be funds remaining I from the Park Renovation donation, that they be allocated to improvements of the Tot Lot. Noting the success of the Juniors in raising funds for Eisenhower Park and the number of service clubs in the community, she suggested that possibly the other groups could also undertake community improvement projects such as Main Street, lights for the trees, etc. Councilmember Hastings suggested renovation of Marina Park similar to improvements at Heather Park to make it an adequate playground area. ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Ms. Beverly Casares, Seal Beach, asked for the opportunity to provide the City Manager with a complete history of the refuse collection contract, and offered the help of other knowledgeable persons in the community to assist the Assistant city Manager in negotiating a new contract. She presented a plaque of appreciation to Councilmember Hastings from certain District One residents. Mr. Charles Antos, 328 - 11th Street, said he understood that Rockwell is intending to submit plans to the city for expansion of their facilities, and suggested at that time the traffic signals from the Rockwell facility and along Westminster Avenue should be required to be upgraded and synchronized with I other traffic signals in the area. There being no further comments, Mayor Laszlo declared Oral Communications closed. ADJOURNMENT The Assistant City Attorney suggested that the Council may wish to consider adjourning their next meeting until 6:00 p.m. at the following meeting to discuss an appointment to the Council vacancy. Hastings moved, second by Forsythe, to adjourn until Tuesday, June 11th for a budget workshop and certification of the election results. ' AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried It was the order of the Chair, with consent of the Council, to adjourn the meeting at 1:00 p.m. Approved: Clerk and ex of Seal Beach I Attest: