Loading...
HomeMy WebLinkAboutCC Min 1991-06-24 , If,''';'... "f 6-17-91/6-24-91 Mayor ~j~ Approved: - ~~~~ I Attest: Seal Beach, California June 24, 1991 The City Council of the City of Seal Beach met in regular session at 7:08 p.m. with Mayor Laszlo calling the meeting to order ~ith the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Forsythe, Hastings, wilson Absent: None Vacancy: One 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 Wilson 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: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried PROCLAMATION Mayor Laszlo proclaimed the Fiftieth Anniversary of the Armed Forces Reserve Center and its military personnel, and the July 4th birth of the Nation fireworks celebration at and through the cooperation of the Armed Forces Reserve Center. I ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Mr. Gary Johnson, Seal Beach, read an excerpt from a Los Angeles Times article regarding the lack of available information as to alleged Navy plans to truck weaponry from a Bay Area city to Seal Beach and the construction of a missile testing site here as well, also an Orange County Register article reporting a potential closure of two of the three weapon storage sites on the west coast, leaving Seal Beach as the sole missile and shell supplier for the Pacific Fleet, and a letter of protest from the Commander of the Concord site to any such plan to transfer missile testing and human resources operations to Seal Beach" creating a mega weapons station, as reported in the Contra Costa Times. Mr. Johnson 6-24-91 expressed strong objections to the Department of the Navy dictating base closures and placing the burden of such action on the local facility and this community, the negative impacts that would be realized as a result of the proposed jetty expansion, greater potential for accidents, expansion of the blast arcs in the event of a disaster, diminished property values, impacts on traffic, etc., yet if the Navy determines their plan is in the interest of national defense, the City would have no say, and questioned if the community is willing to accept such proposal. He said he believed that a request should be made that the Navy gradually phase out their Seal Beach operation, the land use is no longer appropriate for this developed area, rather than the proposed expansion. Mr. Johnson asked that the Council make this matter a priority issue and take a leadership role in this effort. Ms. Norma Strohmeier, Seal Beach, said as a former employee and current employee representative at the Naval Weapons Station she could agree that the Navy does not keep the citizens informed, however stated her preference for the Navy to remain rather than development of the site should the Navy leave. She mentioned an upcoming event at the Weapons station, the credits for which are listed as the Chamber of Commerce and certain local businesses however gives no credit to the City Council, which she deemed to be a breach of etiquette and protocol, and indicated an objection to only those persons having an invitation to the event being allowed to park on the base and retired employees having to park at Rockwell. Mr. Gordon Shanks, 215 Surf Place, stated his knowledge that a number of persons are concerned with the Weapons station, that he understood the jetty expansion plan was recently tabled, and offered his opinion that the one thing that has somewhat guaranteed the hometown atmosphere of Seal Beach has been the Weapons station, and although he too would not favor an expansion, to ask that the station be phased out would forever change this community. Mr. Shanks inquired if there is presently any legal recourse when information is disclosed from a Closed Session, citing a rumor that Councilmember Wilson chose to remain on the Council to gather information for the Hellman property developer, which he said he did not believe she would ever do. The Assistant city Attorney explained that if a jurisdiction does not have a local ordinance there is no criminal sanctions for violating the confidentiality of a Closed Session, and that Seal Beach does not have such an ordinance. Mr. James GOOdwin, 1405 Crestview Avenue, said he and his wife were involved in a 1983 legal action against the Weapons Station for the reason that there were nuclear weapons at the Station and concern that there was no evacuation plan, and even though the citY,may have an evacuation plan it does not address the type of explosion or fire that may occur with nuclear materials as opposed to conventional weapons, and if a wharf and nuclear ships are introduced there would be an increased danger. Mr. Goodwin expressed appreciation to Mr. Antos who chaired the Housing Element Committee. Mr. Bruce Stark, Seal Beach, suggested the reading of a book entitled 'The Facts of Chernobyl' as it related to the Weapons Station comments. Mr. Stark stated his disappointment with the resignation of Mr. Hunt and that he would be missed, welcomed Councilmember Wilson upon having reconsidered her similar intent, offering that the Council needs loyal back benchers and a minority view to point out that the majority is not always right. He noted that one group that had been active in the recent election called for the community to again come together, and suggested that those who supported the Initiative do likewise. Mrs. Strohmeier said it was not her intent to leave an impression that the Weapons station Command had not been cooperative, and reported she had I I I ~" , :.." 6-24-91 I obtained permits this date to allow the retired personnel parking access to the base for the Sunday festivities. Mr. Don May, Chamber of Commerce Public Relations Director, invited the members of the city Council to attend the festivities at the Naval Weapons Station on Sunday, June 30th. He said a number of dignitaries will be in attendance, entertainment, exhibits, and tours will be provided, and is free of charge. He also reported the change of command of the Station will be held on July 2nd. Mayor Laszlo stated his understanding that t~e proposed expansion of the Weapons Station has been set aside at this time, and although the Corps of Engineers has been conducting tests relating to the proposal he did not believe it will go forward to the next phase, also if the Navy is homeporting in Bremerton, Washington, Concord would be the logical weapon storage site. He suggested however that it may be worthwhile to request the City's federal legislators look into the Naval Weapons Station issue. I COUNCIL ITEMS Councilmember Wilson said she believed the development proposed for the Hellman Ranch property was a good plan for the city from the beginning, assured the Council that she had no ulterior motive for deciding to remain on the Council nor intention of divulging information from Closed Sessions. She also made reference to a recent news article that indicated she had renewed confidence in City staff, to which she clarified that her confidence in the staff has never waivered. Councilmember Wilson expressed her continued support for a two year city budget, and presented brief reports regarding activities of various agencies with which she has been involved. She noted that a committee consisting of West Orange County elected officials and transportation experts are working in cooperation to resolve traffic problems in this area, that the Orange County Sanitation Districts have made considerable progress in the reuse of nonpotable water and the recycling or reuse of residual solids, that agreement was reached between the twenty-five cities that it would be more expedient and cost effective for the Sanitation District attorneys to represent the cities with regard to pending pollution litigation, that the District's Conservation, Reuse and Recycling Committee has made progress in the area of recycling of water and residual solids for use in agriculture, landscaping, golf courses, etc., that two-thirds of the residual solids are presently being recycled, the remaining one-third treated in compliance with the Clean Water Act and deposited two miles offshore of Huntington Beach. She reported having served on the Orange County Harbors, Beaches and Parks Committee as well as the West Orange County Water Board, also noted that the West Orange County Mayors have met over the past four years to exchange ideas to better serve the West County cities, one of the recent discussions focusing on the shortfall of revenue from citations. I APPOINTMENTS - BOARDS and COMMISSIONS Business Advisorv Committee The District Four appointment to the Business Advisory Committee was held over. Beach Commission The District Two appointment to fill the vacancy on the Beach Commission was held over. Civil Service Board Councilmember Hastings moved to reappoint Ms. Norma Strohmeier to the civil Service Board representing District 6-24-91 One for the six year term expiring July, 1997. Councilmember Wilson seconded the motion. AYES: NOES: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried I Environmental Oualitv Control Board Councilmember Wilson moved to reappoint Mr. Gordon Logan to the Environmental Quality Control Board representing District Two for the four year term expiring July, 1995. Councilmember Hastings seconded the motion. AYES: NOES: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried The District Five appointment to fill the vacancy on the Environmental Quality Control Board was held over. Parks and Recreation Commission The District Three and District Five appointments to the Parks and Recreation Commission were held over. Plannina Commission The District Five appointment to the Planning Commission was held over. Pro;ect Area Committee Councilmember Forsythe moved to reappoint Mr. John O'Neil as a District Three resident representative to the Project Area Committee for the full term of two years. Councilmember I Hastings seconded the motion. _ ' AYES: NOES: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried The remaining District One and District Three appointments were held over. Ad Hoc Solid Waste Committee The District Two appointment to fill the vacancy on the Ad Hoc Solid Waste Committee was held over. citizens ParticiDation Committee The District Five appointment to fill the vacancy on the citizens Participation Committee was held over. BUDGET COMMENTS Mayor Laszlo stated he would reserve his comments relating to the budget until just prior to the public hearing. CONSENT CALENDAR - ITEMS "F" thru liP" Councilmember Forsythe requested Item "0" be removed from the Consent Calendar. The Development Services Director noted that revised staff reports were provided the Council with regard to Items ilK" and liLli, the Hellman and State Lands environmental consultant agreements, reflecting that interviews had been conducted the past Saturday, the interview board recommended the firm of P & D Technologies to prepare both environmental documents, also that additional studies needed to be undertaken as part of this work, therefore the intent of staff is to bring back a new scope of services and revised budget for both projects, the recommendation at this time would be to continue Items "K" and ilL" until the next meeting. With regard to Item IIJII, I , . ' 6-24-91 I the city Manager explained that the funds for the air conditioning, approximately $60,000, are not General Fund monies, and the engineering estimate of $80,000 included some painting, roof repair, etc. in addition to the air conditioning. He said it is anticipated that bids for the project will be within the $60,000 designated for the air conditioning, and recommended that staff be authorized to solicit bids, after which it can be determined if an additional appropriation is necessary. Mayor Laszlo noted his request that the project be reviewed by the Edison Company to determine if it would be eligible for rebates. Wilson moved, second by Hastings, to approve the recommended action for items on the Consent Calendar, except Items ilK," L, and 0," as presented. F. Approved regular demands numbered 84155 through 84517 in the amount of $1,277,199.00 and payroll demands numbered 45685 through 45871 in the amount of $279,001.23 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. G. Accepted the resignation of Mr. William Scott as the District Two representative to the Beach Commission and Solid Waste Advisory Committee, and the resignation of Mr. Byford Webb as the District Five representative to the Citizens Participation Committee, and declared those positions vacant. I H. Denied the claim for damages of Mr. Jon Nowak and referred same to the City'S liability attorney and insurance adjuster. I. Denied the claim for damages of David Tucker and CNA Insurance Company and referred same to the City's liability attorney and insurance adjuster. J. Approved the plans and specifications for Project Number 614, Replacement of Air Conditioning and Roofing at City Hall, and authorized the City Manager to advertise for bids. I K. EIR Consultant Agreement - Hellman Ranch Specific Plan Amendment - Subsequent Environmental Impact Report Preparation - held over until the next regular meeting. EIR Consultant Agreement - State Lands Commission hotel project Focused Environmental Impact Report Preparation - held over until the next regular meeting. L. M. Approved RESOLUTION NUMBER 4059 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, PROVIDING FOR THE ISSUANCE AND SALE OF ITS 1991 TAX AND REVENUE ANTICIPATION NOTES; APPROVING OFFICIAL STATEMENT, TERMS OF SALE, NOTE PURCHASE AGREEMENT; APPOINTING BOND COUNSEL AND UNDERWRITER; AND PLEDGING 6-24-91 REVENUES AND ENTERING INTO CERTAIN TAX COVENANTS IN CONNECTION WITH SAID NOTES." N. Received and filed the Notice of Preparation for Port Disney Project, Long Beach, and instructed staff to provide same to the Environmental Quality Control Board for information purposes. " P. Denied the claim for damages of Mr. Joseph Landrum and referred same to the City'S liability attorney and insurance adjuster. AYES: NOES: VACANCY: Forsythe, Hastings, LaSZlo, Wilson None One Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "0" - BUS SHELTERS - REOUESTS FOR PROPOSALS Councilmember Forsythe requested that Section 8 of the Request For Proposals, Advertising Content, be amended to reflect that the Contractor shall removal all such advertising within twenty-four hours of verbal notice from the city with written verification to follow, citing as an example the possibility of objective advertising, also that the subcontractor or advertiser bear any costs incurred. Forsythe moved, second by Wilson, to approve the Request for Proposals for Bus Shelters and Advertising Program as amended. AYES: NOES: VACANCY: . Forsythe, Hastings, Laszlo, Wilson None One Motion carried I PUBLIC HEARING - APPROPRIATIONS LIMIT and 1991/92 FISCAL YEAR BUDGET The Assistant City Manager presented a brief staff report relating to the Gann Appropriations Limit for fiscal year 1991/92. Mayor Laszlo noted that the State is realizing a $14 billion shortfall, are considering personnel layoffs" increasing sales tax, placing sales tax on newspapers, amusements, and ticket sales, a utility users tax, reduction of services, etc., that cities throughout the State are experiencing the same deficit problems, fee and tax increases, and the reduction of reserves. He noted a February, 1991 memorandum from the Finance Director reporting that Seal Beach had likewise expended half of its reserves to balance the budget over the past four years, in 1987 there was a reserve of slightly more than $2 million, in 1988 it dropped to $1.9 million, in 1989 it was $1.5, in 1990 it had dropped to slightly more than $1 million, and at the time of the memorandum the reserves were $900,000. He pointed out that there are no longer reserves to be spent, that budget reductions of approximately $800,000 were necessary to balance the 1991/92 budget, a task that has I been accomplished by the City Manager without an increase of taxes. Councilmember Forsythe commended the city Manager and the department heads for their efforts in balancing the proposed budget. She noted that ten years ago it was realized a financial problem was forthcoming and an analysis and report was prepared at that time recommending recovery of costs for services on an incremental basis, an example being tree trimming, the fee has never been adjusted, and is presently subsidized by $20,000. She pointed out that there is a need for cooperation from the community since there is a need to increase fees for services provided. I I I, .~ ,~ ',~' \!.... t" '1 .. ... 6-24-91 Councilmember Hastings concurred with the comments of Councilmember Forsythe, likewise noting that it must be understood that the City can no longer subsidize the fees for services and that actual cost recovery will need to be implemented. She too expressed appreciation for the efforts of the city Manager in balancing the budget. Mayor Laszlo declared the public hearing open to consider the 1991/92 fiscal year budget. 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. The city Manager reported that the budget document has been modified, is balanced to reflect appropriations to anticipated revenues, however the full impact of the State budget is yet unknown, therefore ' there will likely be a staff recommendation for an October and January budget review. He pointed out that although the budget is balanced at this time without new revenues, it is also balanced with the recognition that the fund balances that have been depleted over time need to be restored, that eighty-eight percent of the revenues projected for the past year were realized, which reflects that the City has likewise experienced the impacts of the recession. 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, said his comments were based upon past discussions relating to the budget. He objected to a potential increase in parking sticker fees to $25, rather suggesting a fine for automobile false alarms and the prohibition of leaf blowers, that the unpaid bills of Mola Development and the Bixby Company should be collected, and that the Hellman property should be cleaned or a fine should be imposed. He mentioned the consolidation of the school districts where the intent had been that such action would save money, yet the city subsequently purchased the Zoeter site, contracting for fire services likewise meant to result in a saving, and suggested that possibly contracting with Orange County Sheriffs should also be looked into. Mr. Stark suggested an elected city attorney and accountability of legal expenses, questioned the costs involved to settle minor claims, stated Leisure World should be charged the multiple unit tax as are other apartment owners in the City, asked why the city does not pursue State monies that are available to cities, and objected to City employee memberships in the various clubs and organizations. Staff confirmed to Mr. Charles Antos that Mr. Mayer continues to be the legal counsel for the Police Department, also that the proposed increase of parking sticker fees has been withdrawn. Mr. Antos, 328 - 17th Street, said he did not feel the Police Department counsel has done his job otherwise there would not have been the Grand Jury investigation, the various claims and lawsuits, and suggested that this special legal counsel be eliminated and the City Attorney's office assume the responsibilities. He claimed that the issues raised by the Grand Jury have not been resolved. There being no further comments, Mayor Laszlo declared the public hearing closed. Noting that the Agency also has a separate legal counsel, Councilmember Hastings inquired if the city Attorney firm could assume legal representation for the Redevelopment Agency and the Police Department. The Assistant city Attorney pointed out that their firm does provide legal counsel to the Redevelopment Agency, however due to a potential conflict of interest in 1977 with respect to a partnership interest in the Trailer Park, Mr. parrington was 6-24-91 retained as special legal counsel for the Trailer Park only. He explained also that their firm does provide legal services for police matters in other cities, however for special proceedings before the Civil Service Board it is necessary to have a separate attorney to represent the Police Department should an issue be appealed to the City Council and where the city Attorney firm represents the Council, and although he was not certain of the Department's relationship with Mr. Mayer, he believed Mr. Mayer also handles Pitches motions. Mayor Laszlo noted that the budget for the special Police Department counsel had been reduced to half some time back, and it was his understanding that the police officers have the ability to seek legal advice when necessary. In response to Councilmember wilson, the City Manager reported the budget reflects the Liability Reserve of $410,000 and the Workers Comp Reserve of $330,000, and although the budget is balanced without new revenue sources, there should be emphasis placed on working towards increasing the fund balances to a more acceptable level, and to that goal, staff is presently reviewing approximately eighteen revenue enhancement sources that will be brought before the Council for consideration. He explained further that there are transfers from certain funds at year end, such as water and sewer, however such transfers are pursuant to an established overhead rate for services rendered for the benefit of those special funds. with regard to maintenance of services in view of reduced personnel, the city Manager explained that there will likely be service impacts yet there have been no service reductions at this time, this being a policy decision of the Council to determine the fee level to provide existing service levels while reducing the General Fund subsidy, however noted there is a delay of replacing certain positions which will impact the workload of other employees, and in the interim it is his intent to evaluate the City's organizational structure. He confirmed that any budget adjustments would be presented to the Council for consideration. ,I' I RESOLUTION NUMBER 4060 - APPROPRIATIONS LIMIT - FISCAL YEAR 1991/92 Resolution Number 4060 was presented to Council entitled lOA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1991/92 AS REQUIRED BY ARTICLE XIIIB OF THE STATE CONSTITUTION MORE COMMONLY KNOWN AS PROPOSITION 4, THE GANN INITIATIVE." By unanimous consent, full reading of Resolution Number 4060 was waived. Wilson moved, second by Hastings, to adopt Resolution Number 4060 as presented. AYES: NOES: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried RESOLUTION NUMBER 4061 - ADOPTING 1991/92 FISCAL YEAR BUDGET Resolution Number 4061 was presented to Council entitled lOA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, I CALIFORNIA, ADOPTING A BUDGET FOR THE CITY OF SEAL BEACH FOR FISCAL YEAR 1991/92." By unanimous consent, full reading of Resolution Number 4061 was waived. Forsythe moved, second by Hastings, to adopt Resolution Number 4061 as presented. AYES: NOES: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:44 p.m. The Council reconvened at 8:56 p.m. with Mayor Laszlo calling the meeting to order. ,;:l"!" ", '. 6-24-91 I, PUBLIC HEARING - STREET LIGHTING ASSESSMENT DISTRICT Mayor LasZlo declared the public hearing open to consider the Street Lighting Assessment District for 1991/92. 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. Mr. Robert Brown, Willdan Associates, presented the staff report for the 1991/92 Assessment District. There being no public comments, Mayor Laszlo declared the public hearing closed. RESOLUTION NUMBER 4062 - STREET LIGHTING ASSESSMENT DISTRICT - .1991/92 Resolution Number 4062 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONFIRMING THE DIAGRAM AND ASSESSMENTS AND LEVYING ASSESSMENTS FOR STREET LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 1991/92." By unanimous consent, full reading of Resolution Number 4062 was waived. Wilson moved, second by Hastings, to adopt Resolution Number 4062 as presented. AYES: NOES: VACANCY: Forsythe, Hastings, LaSZlo, Wilson None One Motion carried I Councilmember Forsythe inquired if Item "BB", collection of park and recreation fees, should be considered prior to the public hearing on the Watson development. The Director of Development Services explained that the park and recreation fee item deals with new construction on residential properties where there would be an increase in the number of units, that the public hearing item is a proposal to develop eleven residential units, nine of the properties subject to the proposed zone change, and subject to a fee to mitiqate park and recreation services in anticipation of the additional nine units, however Item "BB" could possibly be applied to the two properties where there is currently no residential units. He noted that staff recommendation is to hold the public hearing, take action on the Negative Declaration, have first reading on the zone change ordinance, and postpone action on the general plan amendment resolutions and second reading of the ordinance until a development agreement is prepared to implement the conditions recommended by the Planning Commission. PUBLIC HEARING - GENERAL PLAN AMENDMENTS 1A-91 and 1B-91 / ZONE CHANGE 1-91 - 1600 PACIFIC COAST HIGHWAY and 336 - 17TH STREET - WATSON Hastings moved, second by Forsythe, to consolidate the ,public hearings regarding the General Plan Amendments and Zone Change, as recommended by staff. AYES: NOES: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried I Mayor Laszlo declared the public hearing open to consider General Plan Amendments 1A-91, Land Use Element, and 1B-91, Housing Element, and Zone Change 1-91. Mayor Laszlo invited members of the audience wishing to speak to this matter to come to the microphone and state their name and address for the record. The applicant, Mr. James Watson, 101 Main street, said the existing Rum Runners building was looked at initially in terms of a possible remodel or rehabilitation, however it was determined to not be feasible given the number of Code violations that would be difficult to resolve, substandard parking, no setbacks on from 16th Street or the alley, and the building had significant 6-24-91 interior damage. He reported various conceptual alternatives for development of the site had been looked at, a 6,500 square foot restaurant requiring a parking variance for twenty parking spaces and two single family homes; a 3,515 square foot fast food restaurant, providing all of the required parking, and two single family homes; a strip commercial center providing 8,100 square feet of commercial buildings, providing all of the required parking, and two single family homes; and the proposed alternative of three detached commercial buildings providing a total of 3,000 square feet of commercial space, all of the required parking, and eleven single family homes. Mr. Watson reported a meeting was held to which the residents of 15th, 16th, and 17th streets and other residents of the community were invited in an attempt to obtain their views of what was desired on this property, the result being that the restaurant, fast food, and st~ip commercial use was not desirable, and that the mixed use of small commercial and residential was preferred. He noted the indication from the approximately sixty persons that attended had been for the least amount of retail or commercial development possible, yet some commercial along Pacific Coast Highway was acceptable. He pointed out that 16th and 17th streets are' narrow, one-way streets with parking on both sides, where any significant commercial development would impact those residential streets, that a fast food or dinner restaurant would impact Pacific Coast Highway given the amount of traffic, lack of adequate turning lanes, etc., and offered that the mixed commercial/residential use would have the least amount of impact, also in looking at the development from a residential standpoint, the proposed alternative is the most acceptable. He said the residents also brought forward the point that neighborhood children often play in those particular streets. with regard to profitability for the City, Mr. Watson offered that it was initially felt 'that would be the restaurant, fast food, strip commercial, and mixed use, in that order, however upon further study of data obtained from the City, the indication is that greater net profit would be realized from the mixed use project, $90,000 park and recreation fees, reduction of vehicle trips, and higher assessed valuation of residential versus commercial in the particular area. He noted also an approximate $15,000 fee for low/moderate income housing. ' He reviewed the various tables comparing the four alternative uses based upon taxable sales transactions, water consumption, estimated average weekday vehicle trips/traffic generation, estimated annual revenue to the City, recurring costs, non- recurring development fees, estimated revenue and costs, and property tax revenue to all governmental agencies. Mr. Watson pointed out that some minor changes were made to the plan as the result of comments from residents and city staff, certain landscaping was moved, a wall was added, and the sidewalk areas are planned to be brick pavers, stamped concrete or locking pavers acceptable to the City. He explained that the architecture of the commercial buildings reflect a Cape Cod look, and each of the adjacent eleven residential dwellings would have different yet compatible exteriors with three different floor plans. councilmember Forsythe recalled discussion at the Planning commission regarding drought resistant landscaping and a drip irrigation system, and where the city has consistently utilized queen palms in landscaping, she asked if the applicant would be willing to meet with the Environmental Quality Control Board to consider some alternative drought resistant plants and drip irrigation systems. Mr. Watson agreed to do so, and with regard to retaining ownership of I J I I 6-24-91 I the commercial frontage, he advised that he would likely not retain ownership, that ,thus far he has been contacted by persons showing interest in purchasing one or all three of the commercial buildings, real estate firms and a local retailer, and stated the change of ownership would be of benefit to the city as a result of the increased valuation. Councilmember Forsythe indicated preference for retail use, to which Mr. Watson responded their thought was fifty percent retail, fifty percent office use. Mr. Watson said the development will be called Bay city Villas. Mr. Don Stegen, 331 - 16th street, cited problems in the area as a result of the previous restaurant use, and spoke for approval of Mr. Watson's development. Mr. Larry Applegate, 246 - 16th street, expressed support for the proposal to maximize the residential use and minimizing the commercial use in this particular area. Mr. craig Gibson, 305 - 17th street, noted having lived with the restaurant use and associated problems adjacent to the existing residential area, stated his concern with the fast food or strip commercial use and resulting traffic, spoke in support of the proposed project, the quality of work, landscaping, and architecture developed by Mr. Watson. Ms. Helen Wilson, 17th street, said the surrounding neighborhood is more ' residential oriented than commercial. Ms. Seretta Fielding, Seal Beach Boulevard, spoke for the commercial/residential mixed use plan, stating it would benefit the community and be compatible with the area. Ms. Lisa Lang, 325 - 16th street, spoke for approval of the plan proposed. Mr. Frank Pryer, 233 Seal Beach Boulevard, stated his support for the plan and use of the subject properties. Mr. Danny LenOhan, 16th Street, said he and his family strongly support the residential development proposed. Mr. James Funk, 215-1/2 - 10th Street, stated he and his wife intend to design a home around a tree that exists on one of the 16th Street residential lots. There being no further comments, Mayor Laszlo declared the public hearing closed. The Assistant city Attorney advised that the landscaping condition suggested by Councilmember Forsythe as well as the conditions of approval of the Planning commission would be incorporated into a development agreement for the proposed project, the agreement anticipated to be completed for consideration of the Council by the second reading of proposed Ordinance 1339. The Development Services Director confirmed that the park fees for two of the residential ' lots, consideration of the landscaping plans by the Environmental Quality Control Board, and requirements for low/moderate income housing would be included in the development agreement. I I" ORDINANCE NUMBER 1339 - APPROVING ZONE CHANGE 1-91 - 1600 PACIFIC COAST HIGHWAY and 336 - 17TH STREET - WATSON Ordinance Number 1339 was presented to Council for first reading entitled II AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING ZONE CHANGE 1-91, CHANGING THE ZONING OF NINE (9) LOTS FROM GENERAL COMMERCIAL (C-2) TO RESIDENTIAL MEDIUM DENSITY (RHO) AT 1600 PACIFIC COAST HIGHWAY AND 336 - 17TH STREET." By unanimous consent, full reading of Ordinance Number 1339 was waived. Hastings moved, second by Forsythe, to approve the Negative Declaration, approve the introduction of Ordinance Number 1339 and that it be passed to second reading. AYES: NOES: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried 6-24-91 Hastings moved, second by Forsythe, to continue consideration of Resolution Number 4063 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 1A-91, AMENDING THE SUMMARY TABLE OF EXISTING AND PROPOSED LAND USES IN ACRES OF LAND USE ELEMENT TO DEPICT THE INCREASE OF APPROXIMATELY 1/2 ACRE OF RESIDENTIAL MEDIUM DENSITY LAND AND A SIMILAR DECREASE IN GENERAL COMMERCIAL LAND WITHIN THE CITY" and Resolution Number 4064 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT lB- 91, AMENDING TABLE 16 OF THE HOUSING ELEMENT TO REPRESENTING THE INCREASE OF 0.5 ACRES OF RESIDENTIAL MEDIUM DENSITY LAND WITHIN THE CITY AND A DECREASE OF 0.5 ACRES OF GENERAL COMMERCIAL LAND" until the development agreement is before the City Council under public hearing. AYES: NOES: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 9:50 p.m. The Council reconvened at 10:01 p.m. with Mayor Laszlo calling the meeting to order. ORDINANCE NUMBER 1336 - ALARM SYSTEMS Ordinance Number 1336 was presented to Council for second 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 Wilson, to adopt Ordinance Number 1336 as presented. AYES: NOES: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried ORDINANCE NUMBER 1338 - TRANSPORTATION DEMAND MANAGEMENT Ordinance Number 1338 was presented to Council for second 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. The Development Services Director reported that in response to concerns expressed by the Council, a meeting has been requested with the County to discuss the applicability of this ordinance to residential developments as well as the commercial, industrial, and mixed use development projects that employ one hundred or more persons, which is the focus of Ordinance Number 1338. He noted that the Transportation Demand Management Program is a requirement of the voter approved Measure M which dealt with transportation improvements. Hastings, moved, second by Forsythe, to adopt Ordinance Number 1338 as presented. AYES: NOES: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried AGENDA AMENDED Wilson moved, second by Forsythe, to consider Item "GG", a report from the Solid Waste Advisory Committee, in conjunction with the proposed trash rate increase item, Resolution Number 4057. I I I " . ~.. . 6-24-91 AYES: NOES: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried I RESOLUTION NUMBER 4057 - RESIDENTIAL/COMMERCIAL TRASH COLLECTION CHARGES / SOLID WASTE ADVISORY COMMITTEE REPORT The Assistant City Manager presented the staff report relating to the proposed refuse rates, including the increased County gate fee, a pass-through fee as provided by the franchise agreement, the annual CPI adjustment, and a 1.7896 percent, or approximately 25 cent per single family and multi-family unit, increase to recover the consultant costs associated with AB 939. He said he believed the intent of the Solid Waste Committee was to continue to collect the percentage increase for more than one year since there will be additional costs incurred to fully implement AB 939, however that is within the discretion of the Council. Councilmember Forsythe said she understood the pass-through increase as a result of the County increased gate fees, however pointed out that it is likely the residents will be charged for a recycling program provided by the same vendor which in turn reduces the items that are transported through the gates to the landfill. She suggested that those two increases should be consolidated and renegotiated rather than what appears to be a double charge to the residents, pointing out that many persons in the community are presently recycling, with no cost involved, which reduces the refuse going to the landfill, yet the gate fees continue to increase. Councilmember Hastings said she had been informed that Seal Beach waste has been reduced fifty percent. The Assistant City Manager explained that the gate fee increase is $5 per ton, the factor being the amount that a single family unit generates per month, which in turn affects the total gate fees paid. Councilmember Hastings said before considering a rate increase she would want to be provided information relating to the total tonnage now as compared to the past several years, including the actual costs. The city Manager explained that pursuant to the contract the City has a clear obligation with regards to the gate fee, however the information relative to general operational expenses may have some bearing on the annual CPI increase. Mr. George Briggeman, Jr., the refuse contractor, noted that from January 1, 1987 through July 1, 1991, the County gate fees have increased from $6.12 to $22.75 per ton, $1.25 of that is designated for the Household Hazardous Waste Program, in addition the closure of Coyote Canyon and opening of Bee Canyon landfill, the studies for alternative sites in North County, etc., have all had an impact on the fees. He suggested that a member of the Councilor a resident be designated to attend the County Solid Waste Advisory Commission meetings in order to keep the city aware of what is taking place. Mr. Briggeman mentioned that the AB 939 consultant has yet to meet with his firm, said he could say with certainty that the City has not reduced its waste stream by fifty percent, not even twenty percent, and noted that two successful, well organized recycling programs have only realized a twenty-nine and nineteen percent reduction. He encouraged the City to move forward to determine the type of recycling program that is to be initiated, and offered to assist the City in any way possible. Councilmember Forsythe said the report from the Solid Waste Committee basically concludes that the only means to successfully reduce the waste steam to meet the State requirements is to continue with a curbside pickup, the waste then separated at recovery facility, yet such program will most likely necessitate a charge to the residents. It was the consensus of the I I 6-24-91 Council, with concurrence of the contractor, to hold over the two items under discussion for further information. RESOLUTION NUMBER 4065 - APPROVING PARCEL MAP 89-162 - FIRST STREET - WATSON At the request of staff, Resolution Number 4065 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING PARCEL MAP 89-162" was held over by consensus of the Council. 111c! - PLAN I ORDINANCE NUMBER X-RAY EOUIPMENT Ordinance Number 1140 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF SEAL BEACH TO REQUIRE PLAN CHECKS OF FACILITIES WHICH HOUSE X-RAY EQUIPMENT." By unanimous consent, full reading of Ordinance Number 1'40 was waived. The Development Services Director presented the staff report, noted the purpose of the proposed Ordinance is to ensure that proper radiation shielding is provided in the construction, conversion or alteration of buildings or enclosures in which x-ray machines are housed, and that the plan check requires approval from the Environmental Health Division of the Orange County Health Care Agency. Forsythe moved, second by Wilson, to approve the introduction of ordinance Number 1140 and that it be passed to second reading. CHECKS - STRUCTURES HOUSING AYES: NOES: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried I PARK and RECREATION FEES The Director of Development Services noted that the current park and recreation fee in conjunction with a residential subdivision is $10,000 per subdivided lot of subdivisions of fifty lots or less, the option of dedication of land or fees for subdivisions of fifty lots or more, also a $327 park and recreation fee for new non-subdivision residential units when development results in a net increase of dwellings. He offered that the Council may wish to consider increasing the park and recreation fee for new residential non-subdivision construction to equal that of subdivided lots in an effort to offset some of the General Fund costs for maintenance of existing park facilities in the City as a result of new residents in the community. He explained that the fee would only apply to construction of the maximum allowable number of units, as an example if two units were proposed on a residential lot where only one unit presently exists, the fee would apply to only the second unit which results is a net increase of the number of units on a property, and confirmed that there are a limited number of existing lots to which this would apply. A suggestion was made that application of a similar fee be looked into with regard to commercial/office construction. Staff confirmed that a General Plan amendment fee currently exists, also that establishing fees on a time and material basis is being looked into. Wilson moved, second by Hastings, to direct the staff to initiate the process to increase the non- subdivision parks and recreation fees to the same level as those for newly subdivided lots, also to explore similar fees relating to other categories of construction. I' AYES: NOES: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried I I' I . ' I.'.\...:~~' . 6-24-91 HISTORIC BUILDINGS/STRUCTURES - POLICY STATEMENT The staff report set forth a proposed policy statement, adopted by the Planning Commission, listing locally recognized historic buildings and structures as indicated in the "Historic Walking Tour of Seal Beach" prepared by the Woman's Club of Seal Beach and properties located at 241 - 5th Street, 209 Main street, 342-44 - 12th Street, and 1 Anderson Street, and if adopted those properties would be ,eligible to apply under the provisions of Section 28-2403.1 of the Code for remodeling, alteration or expansion requests. Councilmember Forsythe pointed out a statement in the minutes of the Planning Commission that this would not make it more difficult for the owner of a historical structure to demolish and rebuild a new structure but it would encourage one to preserve it by granting deviations from the Municipal Code. The Development Services Director noted that there is currently provision in the Code that allows an owner of a locally designated historic structure to apply for a historic conditional use permit to remodel or renovate the structure without meeting all of the current Code requirements for such things as setbacks and building construction standards, and that the properties listed would be allowed to apply for such permit and be considered by the Planning Commission under public hearing. Staff cited an example of a recent situation where the existing dwelling is two feet from the property line yet current Code requires three feet, and although the commission granted a variance in that case, that body felt it would be more appropriate to be granted through a conditional use permit process. Some concern was expressed with regard to liability on the part of the city should a structure not be required to meet earthquake standards as an example. Council indicated a desire to look more closely at the twenty-one properties proposed, and by consensus held this item over. AGENDA AMENDED Laszlo moved, second by Hastings, to consider Item "FF", the report from the Housing Element Advisory Committee, at this time. AYES: NOES: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried REPORT - HOUSING ELEMENT ADVISORY COMMITTEE The City Manager stated the report was being presented to the Council through staff, and that no action is recommended at this time. Mr. Charles Antos, Committee Chairman, noted his memorandum to the Council summarizing the changes made to the adopted Housing Element which consisted of simplifying language, elimination of extraneous wording, tailoring the Element for Seal Beach needs, and addressing vacant land potential for housing, also that the Committee had eliminated as suitable for housing all of the Hellman land lying below the ten foot contour, and all of the Bixby land excepting about five acres lying along the northerly boundary. Mr. Antos suggested the Council either receive and file the report or receive the report and refer same to the Planning Commission, and if there are no further requests of the Committee, that it be disbanded with appreciation. Mayor Laszlo indicated his desire to refer this matter to the Planning commission at the earliest possible time. He requested that page forty-six of the document from the Committee be amended to delete all reference to the AICUZ Study thus deleting the first sentence of the second paragraph, the words "clear zones and accident potential zones" from the second sentence, change 6-24-91 the word "zones" to "areas" in the third sentence, that the last sentence be amended to replace the words "clear zone" with "by flight pattern" and that the portion of that sentence reading "(an area where the accident potential is so high that few land uses are acceptable) and "Accident Potential Zone 1" (an area with less accident potential, having progressively less restrictive land use guidelines)" be deleted. Hastings moved, second by wilson, to refer the Report of the Housing Element Advisory Committee to the Planning Commission. I AYES: NOES: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried Wilson moved, second by Hastings, to disband the Housing Element Advisory Committee with appreciation. AYES: NOES: VACANCY: Forsythe, Hastings, Laszlo, Wilson None One Motion carried ENVIRONMENTAL RESERVE TAX The City Manager noted that since the Environmental Reserve Tax was established prior to Proposition 13, to increase that tax would require a vote of the electorate, however an alternative option would be to establish a fee for environmental impacts under AB 1600 where Proposition 13 would not apply. The Director of Development Services explained that the Environmental Reserve Tax presently applies to only single family homes on the basis of $0.15 per square foot of new, conforming residential construction I for the purpose of remediation of adverse environmental impacts, and it is the feeling of staff that commercial, industrial, and expansion of residential units likewise places a burden on the community. He noted the Environmental Tax ordinance also provided a $0.35 per square foot fee for nonconforming residential dwellings, yet nonconforming structures are not allowed. The Director said if an increase is the desire of the Council it would be recommended that it be based on a CPI adjustment from the time the Tax was initiated until the present time or $0.365 per square foot and under the AB 1600 analysis. There was mention of exempting single family dwellings and applying the tax only to commercial and industrial construction, to which it was noted that it may be difficult to make a finding that residential does not have an impact. Discussion continued. The City Manager noted that a vote of the electorate would not be necessary under AB 1600, however it would be necessary for staff to do an analysis to document the tax and that a public hearing would also be required. It was the consensus of the Council that staff be directed to proceed to develop a development impact fee program for environmental impacts in accordance with the provisions of AB 1600, the basis to be the CPI as outlined in the staff report, also to include commercial and I industrial construction. GENERAL PLAN UPDATES Councilmember Hastings indicated preference that the Counctl receive and file this item, as there are studies that'will be forthcoming may impact the General Plan updates. It was noted that although the Hellman and State Lands environmental studies may provide additional information, there will continue to be a need to update the Elements with respect to the remainder of the community. It was the consensus of the Council to receive and file the October 8, I I I "j., . 6-24-91 1990 staff report regarding General Plan Updates, Conservation, Noise and Safety Elements. COUNCIL CONCERNS Councilmember Hastings asked that staff continue to monitor the Naval Weapons Station proposed expansion. There was assurance from staff that the City Resolutions regarding the expansion and the hazardous waste permit were forwarded to the appropriate persons and agencies. Mayor Laszlo noted that by the next meeting it will be necessary to determine whether the Council vacancy will be filled by appointment or election, reported receipt of three letters of interest to date, and posed an invitation for others to submit their interest in writing. He also inquired as to the status of the census. The Development Services Director advised that approximately six weeks ago census information on a block level was ordered and should be forthcoming in the near future, he reported also that staff had requested a recount at both the State and Federal levels however neither agency has procedures or policies in place at this time for a special census, nor do they have a cost figure, and have indicated that such information will be available in approximately August or September. Mayor Laszlo mentioned that it will be necessary to establish a Redistricting Committee in the near future, possibly a Charter Review Committee also. The Mayor inquired if a special activities permit was necessary for the upcoming Chamber/Navy event. Staff responded that they did not believe activities on the Naval Weapons station would fall within the purview of the special event permit, and generally federal property is exempt from local fees. ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Mr. Charles Antos, 328 - 17th Street, said that with regard to the recycling discussion he would suggest that the Council look at SB 90, legislation passed some years past where the State could not mandate programs that impose a cost to a local , agency without State reimbursement, therefore the City, along with other cities and the League, should join together to seek recovery of the State mandated recycling program. There being no further comments, Mayor Laszlo declared Oral Communications closed. ADJOURNMENT Hastings moved, second by Wilson, to adjourn the meeting until July 8th at 6:15 p.m. AYES: NOES: Forsythe, Hastings, Laszlo, Wilson None Motion carried It was the order of the Chair, with consent of the Council, to adjourn the meeting at 11:30 p.m. lerk and ex-of of Seal Beach of the Approved: ~~ ~;t 6-24-91/7-8-91 Attest: /J Clerk Seal Beach, California July 8, 1991 I The city Council of the City of Seal Beach met in regular adjourned session at 6:17 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Forsythe, Hastings councilmember Wilson Absent: Vacancy: One Laszlo moved, second by Forsythe, to excuse the absence of Councilmember Wilson from this meeting. AYES: NOES: ABSENT: VACANCY: Forsythe, Hastings, Laszlo None Wilson One Motion carried Also present: Mr. Bankston, City Manager Mr. Barrow, Assistant City Attorney Mrs. Yeo, city Clerk I CLOSED SESSION The Assistant city Attorney announced that the City Council would meet in Closed Session pursuant to Government Code section 54956.9 (a) and (b) to discuss pending litigation,-- Case Number CV 91 35 39, and Mola versus City of Seal Beach. It was the order of the Chair, with consent of the council, to adjourn to Closed Session at 6:18 p.m. The Council reconvened at 7:18 p.m. with Mayor Laszlo calling the meeting to order. The Assistant city Attorney reported the Council had discussed the cases previously announced, in addition the Council gave direction in the matter of Boehm versus Seal Beach, discussed a personnel matter, and no action was taken. ADJOURNMENT It was the order of the Chair, to adjourn the meeting at 7:19 Attest: lerk and ex- of Seal Beach -h~r ~ rL consent of the Council, of the I Approved: "