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HomeMy WebLinkAboutCC Min 1991-10-07 10-7-91 Seal Beach, California October 7, 1991 The City Council of the City of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: I Mayor Laszlo Councilmembers Doane, Forsythe, Hastings, Wilson Absent: None Also present: Mr. Bankston, city Manager Mr. Barrow, Assistant city Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, city Clerk CLOSED SESSION The Assistant City Attorney announced that the City Council would meet in Closed Session pursuant to Government Code section 54956.9(a) to discuss pending litigation in the cases of Wetlands Restoration Society versus City of Seal Beach, Mola Development Corporation versus city of Seal Beach, Franceschi versus Seal Beach, and Fife versus Seal Beach. It was the order of the Chair with consent of the Council to adjourn to Closed Session at 6:03 p.m. The Council reconvened at 6:56 p.m. with Mayor Laszlo calling the meeting to order. The Assistant city Attorney reported the Council had discussed the items of pending litigation previously announced and no action was taken. I' ADJOURNMENT The city Council, at 6:58 p.m., adjourned the regular adjourned session of 6:00 p.m. until the regular adjourned session of 7:00 p.m. or the conclusion of the Redevelopment Agency regular adjourned meeting. - The City Council of the city of Seal Beach reconvened in regular adjourned session at 7:32 p.m. with all members present. 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: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried ORAL COMMUNICATIONS I Mayor Laszlo declared Oral communications open. Mr. Bruce stark, Seal Beach, mentioned. a news article reporting a monetary award to the Wetlands Restoration Society for attorney fees and costs in the Housing Element case, questioned the cost to the city for legal defense in that ,- case since it was known that the Housing Element was not valid, and claimed it was the responsibility of Development Services at the time to have updated the Element. Mr. Stark complained about legal expenses, the lack of a whistle blower ordinance, and the type size of published legal notices, suggested there be a penalty for malfunctioning 10-7-91 I auto alarms and that leaf blowers be banned. Mr. Charles Antos, 328 - 17th street, made reference to past consideration of a proposal for improvements to Sunset Aquatic Park which included overnight parking facilities, approved by the City Council, subsequently the overnight parking was removed at the County level and replaced with a private boat storage proposal. He noted that approximately a year ago members of the Good Sam Club had provided information to the Council regarding overnight parking and facilities, and at a later meeting addressed the Council on that issue. He recalled a reaffirmation of the Council position in support of overnight facilities, and questioned a recent vote at the County Harbors, Beaches, and Parks Commission meeting where the member of the City Council and League appointee to the commission voted in support of the Plan as now proposed and not for the position supported by a majority vote of the Council. Mr. Antos suggested that an.. action be taken at the next League meeting to remove Councilmember wilson from the Harbors, Beaches, and Parks Commission. Councilmember Wilson responded that her vote at the Harbors, Beaches and Parks Commission meeting was specifically with the stipulation that overnight camping would continue to be a an issue of consideration. There being no further comments, Mayor Laszlo declared Oral Communications closed. I PROCLAMATIONS Mayor Laszlo proclaimed the week of October 6th through October 12th, 1991 as "Mental Illness Awareness Week." The Mayor proclaimed October 18th, 1991 as "Rossmoor Center Day" in recognition of the 30th Anniversary of the Rossmoor Center. I The week of October 13th through October 19th, 1991 was proclaimed "Emergency Prevention and Preparedness Week" by the Mayor. COUNCIL ITEMS Mayor Laszlo said he understood the current zoning of the .. Naval Weapons Station is Public Land Use, and his request would be that Open Space and Recreation be added to the zoning designation for use of that property in the future should the Weapons Station no longer exist. Councilmember Forsythe questioned a Recreation designation since there is no access to the area. The Assistant city Attorney explained that federal agencies are not required to comply with local zoning however suggested that staff could look at applying such designations to the subject property for future use, or as an alternative add Open Space and Recreation to the existing Public Land Use designation. Mayor Laszlo stated his preference that the Open Space and Recreation use be considered specifically for the property currently occupied by the Weapons station. It was the order of the Chair, with consent of the Council, to declare a recess at 7:55 p.m. The Council reconvened at 8:07 p.m. with Mayor Laszlo calling the meeting to order. CONSENT CALENDAR - ITEMS "0" throuah "H" Councilman Doane requested Item "F" be removed from the Consent Calendar, and Councilmember Wilson requested that -- Item "H" be removed. Forsythe moved, second by wilson, to approve the recommended action for items on the Consent Calendar, except Items "F" and "H", as presented. 10-7-91 D. AYES: NOES: Approved the Agreement for Sales Tax Audit and Information Services between the City of Seal Beach and Hinderliter, DeLlamas and Associates, and adopted Resolution Number 4090 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056." ~ E. Denied the claim for damages of Ernest J. Franceschi, Jr. and referred same to the office of the city Attorney. G. Approved regular demands numbered 85690 through 85507 in the amount of $283,606.74 and payroll demands numbered 47304 through 47480 in the amount of $206,443.51 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F" - REDISTRICTING COMMITTEE - SUMMARY REPORT Councilman Doane withdrew his request to discuss Item "F". The City Manager stated the issue of redistricting will be agendized for Council consideration of the options and a final determination, and that a public hearing could be scheduled for the last meeting of October or the first meeting of November. It was ,acknowledged that the boundaries of Councilmanic Districts Two, Four and Five had been satisfactorily revised by the Redistricting Committee, and discussion followed relating to the various boundary alternatives proposed for Districts One and Three, specifically with regard to a possible split or change of Council District for Surfside, further incursion into the Old Town area with the potential for further loss of single family units, and a majority of the remainder being multi- unit dwellings in District One. After further discussion the council concluded that a workshop would be held at an adjourned meeting on October 21st to receive public comments and discuss the various boundary alternatives for Districts One and Three, and asked that the various proposals of the Committee be made available to all interested persons. Staff also offered to place copies of the various alternatives in the libraries for information of the public. Councilmember Wilson advised she would be out of the city on October 21st. Having received the Committee report and recommendations, wilson moved, second ,by Doane, to disband the Redistricting Committee. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried ITEM "H" - RESOLUTION NUMBER 4089 - DENYING VARIANCE 6-91 - 323 MAIN STREET - COULTER/HAGEL Councilmember Wilson indicated her disagreement with denying this Variance, therefore stated she would vote against I I "I 10-7-91 I adoption of the proposed Resolution. Hastings moved, second by Forsythe to adopt Resolution Number 4089 entitled "A .. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING VARIANCE 6-91, A REQUEST TO VARY FROM THE REQUIRED PARKING IN THE SERVICE COMMERCIAL ZONE (C-l), IN CONJUNCTION WITH THE ADDITION OF APPROXIMATELY 322 SQUARE FEET TO A COMMERCIAL OFFICE BUILDING LOCATED AT 323 MAIN STREET, SEAL BEACH." By unanimous consent, full reading of Resolution Number 4089 was waived. AYES: NOES: Doane, Forsythe, Hastings, Laszlo Wilson Motion carried I PUBLIC HEARING - UNCLASSIFIED USE PERMIT 1-91 / NEGATIVE DECLARATION 7-91 - ROCKWELL INTERNATIONAL - 2201 SEAL BEACH BOULEVARD Mayor LaSZlo declared the public hearing open to consider Unclassified Use Permit 1-91 and Negative Declaration 7-91, a request to establish a heliport at 2201 Seal Beach Boulevard. 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 relating to the request to establish a ground level heliport to the southerly side of Rockwell Building 81, approximately 1,100 feet southwest of the existing location. He noted this matter had been considered and approved by the Planning commission subject to twenty- one conditions, those conditions basically relating to the location, times of operation, the number of flights, the types of helicopters using the facility, stipulation that the existing location may only be used in the event of emergency or special circumstances, as well as requirements for approvals of the FAA, California Department of Transportation, Orange County Fire Department, and Airport Land Use Commission. The Director reported an extensive noise study was conducted to determine the impacts of moving the facility, it was determined the relocation would reduce the noise impact on the Leisure World area, also that the impact on any future development on the Hellman property would be within the City's noise standards. 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. Ms. Ricarda Bennett identified her firm as Heliport Consultants, Thousand Oaks~ a noise consultant for Rockwell, stated she was also an attorney, and introduced Mr. Dallas Pierce, Rockwell Facilities Manager, and Mr. victor Guiterras, Rockwell Facilities Engineer. Ms. Bennett requested approval of the Unclassified Use Permit for the ground level helistop to the south of Building 81, the relocation proposed as a result of concerns of and discussions with certain residents as well as city staff, the location taking into account FAA standards, the Department of Transportation, Division of Aeronautics regulations relating to aircraft safety, City regulations, and the general plans of Rockwell for the site. She reported that application has been made to the FAA, that a representative of the Division of Aeronautics has inspected the site and made suggestions that have been incorporated into the plan, and confirmed that the conditions of approval are acceptable to Rockwell. Ms. Bennett explained that the relocation will change the flight path to follow Seal Beach Boulevard or easterly thereof or Westminster Avenue, approaching the helistop from the front of Building 81. Mr. Tom Lyon, Leisure World, noted he had suggested the change of location, that he witnessed and agrees with the sound tests that were conducted, commended, 'I ~0-7-91 the efforts of Rockwell to resolve this problem, and suggested that the' relocation be approved as presented. Ms. Bonnet Winter, resident of Leisure World Mutual Two, said she too had wanted the helipad relocated however initially had no belief that it would be. She asked that the record reflect her gratitude for the graciousness and understanding of the Rockwell personnel in resolving the helicopter noise I problem, and that the relocation be approved. There being no further comments, Mayor Laszlo declared the public hearing closed. In response to Council, Ms. Bennett read the list of helicopters proposed to be utilized by Rockwell, Aerospatiale 355F the model predominantly used, that two pilots are associated with her firm that acts in a consultant capacity to companies for the permitting of heliports. Staff confirmed that the local noise standards are contained in Chapter 130 of the Municipal Code, that the provisions do not identify a specific noise source, that the range is from a base of fifty-five decibels to seventy-five decibels for a short period of time for a residential zone, and if exceeded would be a violation of the Municipal Code. Ms. Bennett noted that ambient background noise is also a factor, that State standards are contained in Title 21, they do not address heliport design, rather they address aircraft, which includes helicopters, and look to cumulative noise measurement of land use planning, 65 CNEL for residential and 75 CNEL for commercial, also that the State enforces the FAA design guide for helistops, ensuring that the flight paths meet an eight to one glide slope and that there are no obstructions in the flight path, the actual flight patterns falling under federal guidelines. She I explained that there is a federal noise certification referred to as DNL, day/night level, a cumulative noise measurement of recommended levels similar to CNEL under the FAA and EPA. She noted also that the FAA recommends an eight to one glide slope, a shallow glide slope where for every eight feet out it is one foot up to ensure against obstructions, yet a helicopter flies, approaches or departs at a higher level of approximately five to one, which results in a smaller noise contour and less noise exposure, that the slope, such as a two to one slope as an example, is governed to a large degree by actual aeronautics and depends on wind conditions, density altitude, temperatures, etc., yet helicopters actually take off and land on a slope similar to an airplane. Ms. Bennett indicated concurrence with Mayor Laszlo that a glide slope of four to one and lower is not as safe as a greater slope, and noted that the State and Federal guidelines referenced were included in the supplemental application. With regard to flights to other facilities and the five to one glide slope, Mr. pierce responded that there are flights to various airports as well as to corporate facilities at Seal Beach, Anaheim, Canoga Park, El segundo, and occasionally to Palmdale, stated that all airports are designed to meet FAA requirements and there can be no structures within the envelope higher than the I' eight to one slope, flights to commercial facilities also governed by the direction of approach, air traffic, and under air traffic control regulations. Ms. Bennett explained that a pilot can not be required to fly at the five to one, that the State can only require that the helipad be designed so that the glide slope, four thousand feet out from the helistop, five hundred feet high, has no obstructions at a slope of eight to one. with regard to Mayor Laszlo's comment that apparently the only criteria of the FAA is obstacles in the flight path or navigable airspace rather than accident potential, Ms. Bennett agreed in terms of their jurisdiction, also that the FAA does not 10-7-91 I conduct accident potential studies for private helistops because there are no federal funds involved, however they do fund ACUIZ studies for facilities such as El Toro as an example. Mayor Laszlo requested proof that the FAA conducts accident potential studies, inquired if there was such study for the proposed site, and offered that the Airport Land Use Commission will require that study. Ms. Bennett confirmed that an accident potential study was not done for the proposed site, and offered to inquire if the ALUC will impose such requirement. Mayor Laszlo reiterated his contention that the FAA is basically powerless unless there is an obstruction within a flight path. Mr. pierce indicated agreement, however pointed out that in this case there are other approving agencies, that this is a private facility falling under different regulations, yet there is a requirement to meet the safety requirements of the Department of Transportation and the occupational safety and health regulations at both the state and Federal levels. The staff offered to provide the Council with the FAA circular and all other background documents referenced in the supplemental Rockwell application. Council was referred to page nine of the Myles Simpson Report for the actual noise levels measured at each location, the maximum level of location one, the new location, being 68 decibels for a single event measure, as compared to CNEL which is not a single event measure and takes into account the level of the operation, the time of day, and number of operations, also that the estimated CNEL for the specific area is between 47 and 53 decibels as shown on page ten, below the recommended 65. Ms. Bennett described the methods of calculating the various noise measurements. I RESOLUTION NUMBER 4091 - UNCLASSIFIED USE PERMIT 1-91 / NEGATIVE DECLARATION 7-91 - ROCKWELL HELIPORT - 2201 SEAL BEACH BOULEVARD Resolution Number 4091 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CERTIFYING NEGATIVE DECLARATION 7-91 AND APPROVING UNCLASSIFIED USE PERMIT 1-91, A REQUEST TO ESTABLISH A HELIPORT AT 2201 SEAL BEACH BOULEVARD (ROCKWELL INTERNATIONAL)." By unanimous consent, full reading of Resolution Number 4091 was waived. The Development Services Director requested that the Resolution be amended to read "Now, therefore be it resolved that the city Council of the City of Seal Beach does hereby adopt Negative Declaration No. 7-91 and..." Hastings moved, second by Wilson, to adopt Resolution Number 4091 as amended. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried I PUBLIC HEARING - 1991 SUBORDINATE LIEN TAX ALLOCATION BONDS Mayor Laszlo declared the public hearing open to consider refinancing of Redevelopment Agency bonds. 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. There being no comments from the audience, Mayor Laszlo declared the public hearing closed. RESOLUTION NUMBER 4092 - APPROVING ISSUANCE - 1991 SUBORDINATE LIEN TAX ALLOCATION BONDS Resolution Number 4092 was presented to Council entitled "A RESOLUTION APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH OF RIVERFRONT REDEVELOPMENT PROJECT 1991 SUBORDINATE LIEN TAX ALLOCATION BONDS, SERIES A, IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED 10-7-91 $5,500,000 AND AUTHORIZING OFFICIAL ACTIONS." By unanimous consent, full reading of Resolution Number 4092 was waived. Forsythe moved, second by Laszlo, to adopt Resolution Number 4092 as presented. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried I APPOINTMENTS - GROWTH MANAGEMENT AREAS TWO and SIX The city Manager explained that a requirement of the voter approved Measure M was to establish a Growth Management Component with required inter-jurisdictional forums to be held quarterly, consisting of elected officials within identified Growth Management Areas, to discuss developments with multi-jurisdictional impacts and appropriate mitigation measures. He noted that the boundaries of Seal Beach fall within two separate Areas and it would be the option of the Council to appoint one representative to both Areas or a representative to each Area. After brief discussion, wilson moved, second by Forsythe, to appoint Councilmember Doane as the representative to Area Two and Councilmember Hastings as the representative to Area Six. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, wilson None Motion carried COUNCIL CONCERNS Councilmember Forsythe presented two proclamations in recognition of Interval House for consideration. with consent of the Council, the Mayor proclaimed the month of October, 1991 as "Domestic Violence Awareness Month" and I recognized the critical leadership role that Interval House Shelters has played in serving victims of domestic violence. ' Mayor Laszlo also proclaimed recognition of Adele Faulkner Quinn as the heart and inspiration of Interval House, Chairman of the new Expansion Project for Interval House, and her years of dedicated service and outstanding achievement for bettering the lives of the residents in Seal Beach and the county of Orange. Councilmember Hastings said it is heartening to realize the number of persons that are interested and take advantage of viewing the city Council and Planning Commission meetings on cablevision. Mayor Laszlo announced a scoping session to be held by the Environmental Quality Control Board the following evening at 6:30 p.m. regarding the Bixby development proposal. He noted the session had been advertised in the Journal and Leisure World News, suggested that notices of such meetings also be placed in the News Enterprise, and that the Council be likewise noticed. ORAL COMMUNICATIONS Mayor Laszlo declared Oral communications open. Mr. Laird Mueller, 8th Street, reported a discussion at the last I meeting of the Cable Foundation regarding the retention period for video tapes of the Planning commission and Council meetings where they are presently retained for approximately three months, noting that some members felt they should be kept indefinitely. He inquired as to the opinion of the Council as to the length of time a tape should be kept and whether one tape should be retained permanently and not made available for public use. council indicated a preference that the tapes be retained permanently. The Assistant City Attorney suggested such policy could be a recommendation to the Foundation and staff could prepare a policy Resolution for consideration by the 10-7-91/10-21-91 Council. There being no further comments, Mayor Laszlo declared Oral Communications closed. I ADJOURNMENT Laszlo moved, second by Wilson, to cancel the regular meeting of October 14th, that the October 14th meeting be adjourned to October 21st for a redistricting workshop, that the October 21st meeting be adjourned until October 28th at 6:00 p.m. to hold a Closed Session, and that the public hearing to consider redistricting be called for October 28th. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried It was the consensus of the Council to adjourn the meeting at 9:32 p.m. of the Approved: ~..~.L~~ Mayor I Attest: Seal Beach, California October 21, 1991 The City Council of the city of Seal Beach met in regular adjourned session at 7:02 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Doane, Forsythe, Hastings Absent: Councilmember Wilson It was the consensus of the Council to excuse the absence of Councilmember Wilson from this meeting. I Also present: Mr. Bankston, city Manager Mrs. Yeo, city Clerk WAIVER OF FULL READING Forsythe moved, second by Doane, 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: Doane, Forsythe, Hastings, Laszlo None Wilson Motion carried