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HomeMy WebLinkAboutCC Min 1990-03-12 2-26-90 I 3-12-90 \ Approved: I Attest: Seal Beach, California March 12, 1990 The city Council of the City of Seal Beach met in regular session at 7:03 p.m. with Mayor ProTem Wilson calling the meeting to order with the Salute to the Flag. ROLL~LL Present: Mayor ProTem Wilson Councilmembers Laszlo, Risner Absent: Mayor Grgas, Councilman Hunt Councilman Hunt arrived at 7:05 p.m. and Mayor Grgas arrived at 7:25 p.m. Also present: Mr. Nelson, City Manager Mr. Barrow, Assistant City Attorney Mr. Whittenberg, Director of Development Services Mr. Jue, Director of Public Worksl City Engineer Mr. Archibold, Assistant to the City Manager Mrs. Yeo, City Clerk I WAIVER OF FULL READING Wilson moved, second by Laszlo, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: ABSENT: Laszlo, Risner, Wilson None Grgas, Hunt Motion carried Councilman Hunt arrived at 7:05 p.m. EMPLOYEE OF THE YEAR NOMINEES The City Manager introduced Mr. Steve Cushman, Lifeguard Department Supervisor, and Mr. Bill Moran, Public Works Department Electrician, and reviewed the accomplishments of each as the 1990 nominees for Employee of the Year. Mr. Nelson noted the Employee of the Year will be announced at an upcoming Employee Recognition Dinner. The City Manager also introduced Mr. Steve Johnson and Bill Benkovsky, new employees of the Public Works Department, Water Division. I 3-12-90 PROCLAMATIONS Mayor ProTem Wilson proclaimed the month on March, 1990 as "Public Defenders Month." I April 22nd through April 28th was proclaimed "Victim's Rights Week" by Mayor ProTem Wilson. RESOLUTION NUMBER 3919 - VACATION - EASEMENT - FIRST STREET Resolution Number 3919 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ORDERING SUMMARY VACATION OF THE UNUSED 10 FOOT EASEMENT, ABUTTING FIRST STREET BETWEEN AN EXISTING OIL SEPARATION FACILITY AND THE TWO-STORY SINGLE FAMILY HOMES." By unanimous consent, full reading of Resolution Number 3919 was waived. The city Engineer explained that an easement along First Street was granted to the city in 1969 by Apollo Development Corporation for street purposes, since that time First Street has been developed to an eighty foot curb-to- curb width with a median divider and it is not foreseen that First Street will be widened further in the future. He noted that since the City has not used and does not anticipate using the ten foot easement, staff would recommend vacation of the easement back to the property owner, which is allowed by State law, who plans to landscape and irrigate the subject property in conjunction with a four unit housing project. Staff assured that the property will be landscaped by the developer and will not be an expansion of the lot size of the homes proposed to be built. Discussion followed with regard to payment to the City of a sum proportionate to the property taxes that would have been realized from the subject property since 1969 had it been privately owned. Staff explained that the property was acquired without fee in 1969, and the property taxes that were not realized could basically be considered the cost to the City for use of that land since 1969. Staff advised that the procedure being followed is typical for a summary vacation of property that has not been used over a long period of time. Risner moved, second by Laszlo, to adopt Resolution Number 3919. I AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried CONSENT CALENDAR - ITEMS "F" throuqh "L" Councilmember Risner requested Items "G" and "L" removed from the Consent Calendar. Wilson moved, second by Laszlo, to approve the recommended action for items on the Consent Calendar, except Items "G" and "L", as presented. I F. Approved regular demands numbered 78134 through 78386 in the amount of $423,326.69 and payroll demands numbered 38968 through 39137 in the amount of $225,240.94 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. H. Denied the claim for damages of Rosalie Perconti and referred same to the City'S liability attorney and adjuster. I. Denied the claim for damages of June Beedy and referred same to the City'S liability attorney and adjuster. 3-12-90 J. Denied the claim for damaqes of Susan Lay and referred same to the City's liability attorney and adjuster. K. Rejected the proposals to update the Land Use Element of the General Plan and the Local Coastal Plan, the six proposals ranqinq from approximately $78,000 to $300,000, and instructed staff to proceed with the updatinq of same durinq fiscal year 1990/91. I AYES: NOES: Grqas, Hunt, Laszlo, Risner, Wilson None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G" - CITY COUNCIL MINUTES Laszlo moved, second by Wilson, to approve the minutes of the regular meetinq of February 26, 1990. AYES: NOES: ABSTAIN: Grqas, Hunt, Laszlo, Wilson None Risner Motion carried ITEM ilL" - STATUS REPORT - HOUSING ELEMENT UPDATE At the request of the Council, the Director of Development Services explained there are twenty-nine incorporated cities in Oranqe County of which three are exempt from meetinq the Housinq Element update deadline of July 1989 due to their recent incorporation, eiqht cities have an approved Housinq I Element or a draft beinq reviewed at the State level, and the remaininq nineteen cities have not submitted a revised Element pursuant to State requirements. Mr. Whittenberq reported Seal Beach submitted a draft Housinq Element to the State the past week which is felt to comply with HCD quidelines, the State havinq a period of forty-five days to review the document and forward their comments to the city. He said he would estimate that fifty to sixty percent of the cities Statewide are not in compliance with the State quidelines, and that he was aware of two Los Anqeles County coastal cities that have a leqal challenqe of their Housinq Element. With reqard to the issuance of buildinq permits, the Assistant City Attorney explained that the Commissioner in the recent leqal action involvinq the City's Housinq Element ruled orally that the city should not issue any buildinq permits for residential development, and it is presently unclear if that order applies only to new housinq or to all residential construction. He stated clarification of the Commissioner's order is expected in the near future, and in the interim the city can continue to issue permits for commercial and industrial uses. The Director noted that at the present time permits for electrical, plumbinq, heatinq and air conditioninq are beinq issued, however buildinq permits for room additions and remodelinq that would involve interior bearinq walls are not. The Assistant I city Attorney explained the leqal procedure that should ultimately clarify the buildinq permit issue. with reqard to the affordable housinq provisions of the Draft Housinq element, the Director explained that the document indicates a need for a certain number of low/moderate, median, and upper income categories and allows a five year period to attempt to meet those qoals, possibly accomplished throuqh programs involvinq the remaininq portion of the Hellman 3-12-90 I Ranch property, the Bixby property, density bonuses as required by state law for low/moderate income housing in certain instances, and the use of tax increment set aside for construction or rehabilitation of low/moderate housing. Councilmember Risner pointed out that the state would not consider an Element that does not include some provision for low/moderate income housing. She noted this requirement poses a problem for a number of cities that are built-out yet are required to project a goal for the next five years to provide more low/moderate income housing, and without credit for that housing category that exists. Members of the Council complimented the staff on the Draft Housing Element. Risner moved, second by Wilson, to receive and file the status report regarding the Housing Element Update. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I CONSULTANT SELECTION - ENVIRONMENTAL IMPACT REPORT - BIXBY OLD RANCH SPECIFIC PLAN The Director of Development Services presented the staff report regarding the selection of a consultant to prepare the Environmental Impact Report for a project that the Bixby Company may eventually submit to the City. He reported the Request for Proposal was forwarded to five firms, that two Proposals were returned to the City, those Proposals evaluated and interviews conducted, and upon that basis the staff would recommend that the firm of EIP Associates be retained to prepare the EIR on the proposed Bixby Old Ranch Specific Plan. The City Manager noted that this item is based upon the assumption that Bixby will submit a plan to the City, however should they choose not to do so, it would not be necessary to utilize the consultant services to prepare the Environmental Impact Report. Councilman Laszlo requested that the work project and schedule, similar to that shown in the MBA proposal, be included with that of EIP, and asked what bearing the environmental checklist responses have on the project and procedures. The Director responded that if the EIP agreement is approved, a work schedule will be included, that the environmental checklist is an initial identification of issues the staff feels will need to be addressed, and that the public will also have an opportunity, such as through the scoping session of the public meetings, to bring forth concerns that are felt should be addressed in the EIR. with reference to the EIR checklist, Councilman Laszlo stated his preference that #10-b be marked "yes" or "maybe" rather than "no", #14-f should be marked "maybe" rather than "no", #15-a and b should be "maybe" rather than "no", #18 should be "yes" rather than "no", and #21-b should be "maybe" rather than "no", to insure that those issues are studied. The Director noted that the checklist identifies areas of initial concern and may be expanded upon further input, that the consultants will be present at each public meeting to respond to public comments, and may identify other areas for study not previously noted. He also pointed out that any costs incurred as a result of this process, including the public meetings and consultant costs, will be reimbursed to the City by the Bixby Company. In response to Councilman Hunt, the Assistant City Attorney explained that the initial study is meant to assist the City in determining whether a Negative Declaration or an Environmental Impact Report should be prepared for a specific project, and noted that in cases where the determination is that an EIR be prepared, the courts have not acted to overturn such decision however have taken an action to overturn a Negative Declaration decision. In response to Councilmember Wilson, the Director confirmed that traffic, water drainage, air flight I 3-12-90 operations, noise, and fiscal impact are only a few of the number of issues that will be addressed by the EIR. Councilman Laszlo stated he felt the process for the Bixby development was movinq too quickly. Mr. Whittenberq offered that the procedure for this project is somewhat different than usual qiven the public input process and environmental review that is currently takinq place lonq before a project application is formally submitted for consideration, where a 1- plan is qenerally submitted by a developer with the city and public then reactinq to that proposal. He added that the community meetinqs are scheduled throuqh June, thereafter the Bixby Company will assess their position and determine whether or not they wish to submit a formal application, most likely sometime between July and September. After submittal, the City would have a specific period of time to review and schedule public hearinqs before the Planninq commission, their recommendations then forwarded to the City Council, which would most likely not be before the end of 1990 or early 1991. The city Manaqer recalled that the Council had advised the Bixby Company more than two years aqo that an application would not be considered until a traffic analysis was prepared, that study now completed, therefore he felt the process is movinq relatively slow. Discussion continued. Councilmember Risner made reference to item 9-b of the Discussion of Environmental Evaluation for Environmental Assessment No. 90-1, and noted that concern has been expressed for the eucalyptus trees on the Bixby property, some considering them a natural resource, therefore the consultant should address that issue even thouqh the response on the checklist had been "no". Wilson moved, second by Hunt, to authorize the City Manaqer I to enter into an aqreement with EIP Associates to provide the necessary consultinq services to prepare the Environmental Impact Report on the proposed Bixby Old Ranch Specific Plan. AYES: NOES: Grqas, Hunt, Laszlo, Risner, wilson None Motion carried It was the consensus of the Council to declare a recess at 8:12 p.m. The Council reconvened at 8:25 p.m. with Mayor Grqas callinq the meetinq to order. REVIEW - WETLAND RESTORATION PLAN - HELLMAN PROPERTY The Director of Development Services stated this item was before the Council for review and for any comments that are desired to be forwarded to the Coastal commission prior to their March 15th public hearinq. He reported the Restoration Plan was a requirement of the Coastal commission for the Mola Development approvals, and as submitted indicates a dedicated land area of 41.4 acres for restored wetlands with specific acreaqes for the various types of wetland areas. Mr. Whittenberq reported that after review, the Planninq Commission determined two concerns should be submitted to Coastal for consideration, the first that the City be notified and provided all necessary documents I required by the Commission to monitor the restoration proqram, and the second, to attempt to clarify the eventual wetland buffer required in the vicinity of First Street since the Coastal Commission staff report indicated . additional buffer may be required, which would impact the state Lands property Specific Plan and the remainder of the Hellman property. He noted that the staff report summarizes the Restoration Plan with reqard to the types of restored wetlands that will be provided, the types of plant materials, the manner in which those proqrams will be I. ,1' 3-12-90 I monitored, the bondinq requirements, and the time frames for restoration in conjunction with development of the residential units. Mr. Kirk Evans, Mola Development, Newport Beach, offered to answer questions of the council. Mr. Evans noted that the Coastal commission requirements and specific acreaqes are now known, a total of 41.4 acres of desiqnated wetlands, of that 3.2 acres are upland and buffer and 38.2 acres are wetlands habitat. He explained that durinq the hiqh and low tides the culvert that will be constructed will permit the tidal flow, at extreme hiqh tide there will be 38.2 acres of water surface on the site, at averaqe hiqh tide there will be 31.4 acres, at an averaqe low tide there will be 17 acres, and at extreme low tide there will be 9.7 acres of water surface, therefore with an averaqe tide on an averaqe day there will be between 17 and 31.4 acres of water surface on the site, the remainder to be plant qrowth, mud flats, etc. Mr. Evans reported the Coastal Commission is aqreeable to the condition requestinq the monitorinq reports, however he requested a letter from the City to that effect. Discussion followed reqardinq the buffer requirement for the state Lands site, and Mr. Evans offered that even though the Fish and Game standards are a one hundred foot buffer, buffers can be designed, with the input of bioloqists, to accomplish that intent. Councilmember Risner inquired as to the type of fence planned adjacent to the roadways and the community park, notinq her preference for a fence that would allow view of the wetlands. Mr. Evans responded that the barrier will be desiqned to prohibit wetlands access to people, doqs and cats, however the fencinq will most likely be a form of open chain link, the fence to be maintained as part of the wetlands. With reqard to observation areas, he noted that the Coastal Commission had requested that the viewinq area be removed from the vicinity of First street and incorporated into the wetlands, however it is felt there is adequate area to provide for viewinq from the community park. Mr. Evans noted that the Plan provides for wetlands to be restored, that new wetlands will be created where they do not exist, that bonds will be posted to guarantee completion of the 41.4 acre restoration, and some fundinq mechanism will be provided for onqoinq wetlands maintenance. Councilman Hunt made specific reference to the request for clarification of the buffer, his understandinq of that to be a protection for the City with reqard to the state Lands property, and suqqested that Mola should make certain that any revisions to the Restoration Plan do not detract from the interests and benefits that the City may envision from that property. Mr. Evans stated that without Mola Development the City would have degraded wetlands abuttinq the state Lands property, that the state aqencies do not differentiate between degraded and restored wetlands, and that the developer of the state Lands parcel must understand that there are existinq wetlands abuttinq that property, and qiven that fact, they must provide a buffer: Councilmember Risner recalled that the area above First street adjacent to the state Lands parcel has always been identified by the Coastal Commission as wetlands, and there would be nothinq that the developer of the Hellman property wetlands could do to determine how the buffer on the state Lands parcel will be accomplished. The Development Services Director stated it was staff's intent to encouraqe the Coastal Commission to make their concerns known as to what type of buffer would be required for the state Lands Parcel, whether it be a full one hundred feet or a modification thereof, possibly somethinq similar to the four different types of buffers on the Mola project, while allowinq some type of reasonable development on the state Lands parcel in the near future. I I 3-12-90 In response to Councilman Laszlo, Mr. Art Homrighausen, LSA Associates, advised that the wetland elevations will range from approximately 5 feet below sea level at the deepest portion to 3.3 feet above sea level at extreme high tide, the deepest area being 8 feet or an average of 5 feet, and pointed out the high and low marsh zones on the wetlands graphic. Mr. Evans explained that prior to any construction, the wetlands would be offered for dedication 1- to any agency interested in its ownerShip upon completion, and if no agency were interested, Mola would retain ownership and maintenance of that area. He noted that as a condition of the Restoration Plan, bonding would be established until a certain performance standard is reached that is acceptable to Fish and Game and the Coastal Commission Executive Director, and that some type of financing mechanism, acceptable to the Coastal commission, will be established to guarantee maintenance of the wetlands forever. The Assistant City Attorney explained that the city would be immune to any liability from actions occurring within the wetlands unless the City acquired the title to that property. with regard to city control over the condition of the wetlands should problems be realized in the future, the Director noted that the Coastal Commission will require certain maintenance levels of the wetland area, and offered that the staff will pass on the City'S concerns regarding future maintenance to the Coastal Commission, the commission having the authority to require compliance with any maintenance guidelines. The City Manager cautioned that there may be complaints resulting from salt water mosquitos prior to the time the fish population is established, that Fish and Game will not allow the area to be sprayed. He noted also that one should not visualize the wetlands to be blue water and green plants for many years, if ever, I wetlands more typically being somewhat barren and mud flats, and it will be an agency such as the Fish and Game that will determine whether or not this is a functioning wetlands. Mr. Evans confirmed that whatever agency ultimately has custodianship of the wetlands will also be responsible for maintenance of the culvert, that the present plan is for a single, eight foot culvert that can be easily cleaned and maintained, and with the tidal flow, water will not stand more than three to four hours. with regard to the term for development of the wetlands, Mr. Evans stated it is anticipated they will reach the performance level within five years, that 6.5 acres of pickleweed will be planted initially which requires fresh water to germinate, that the culvert must be completed prior to occupancy of the first unit, and when opened, the fish will migrate to the area naturally. It was the consensus of the Council to request the staff to forward the appropriate comments to the Coastal commission for consideration at their March 15th public hearing. OLD TOWN PARKING - CLARIFICATION OF COUNCIL DIRECTION The City Manager requested clarification of what had been understood to be a request for a comprehensive study of parking in Old Town. Noting the general misunderstanding of I the Old Town parking study discussion, Mayor Grgas stated his preference that no action be taken at this time. Councilmember Risner agreed, however stated she did not feel any consideration should be given to developing parking on or adjacent to the greenbelt, also that angled parking or one-way traffic on the streets adjacent to Main street would not be acceptable. She suggested that with cooperation of the local businesses and the Business Association, the staff should investigate the potential for additional parking behind the Main street businesses. Councilman Hunt agreed il. I~ 3-12-90 I that diagonal parking and one-way traffic is and will continue to be unacceptable to the residents. He noted that as a beach community, the perceived parking problems will continue, and although other solutions could be investigated, they must be acceptable to the community. Councilmember wilson suggested the installation of parking meters could be looked into, and said she felt the parking discussion resulting from the Ad Hoc Sales Committee report was merely an exploration of ideas rather than firm decisions. Councilman Laszlo said he felt the entire city has a parking problem, and although he did not support it, he felt diagonal parking, parking on the greenbelt, and parking meters should be a campaign issue. with regard to a suggestion to utilize the beach lots for downtown parking during the winter months at a reduced rate or no cost, the City Manager noted that there is presently no difference between summer and winter rates for the beach lots, and a number of people are purchasing the annual parking permit. Risner moved, second by Wilson, to not consider the Old Town parking issue during the Council year that ends May 15th. Mayor Grgas asked that the staff not pursue this matter, noting however that staff had proceeded based upon their understanding of the Council discussion. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I CITY COUNCIL ITEMS Councilman Laszlo appointed Mr. Ace Yean, 4556 Fir Avenue, to the 75th Anniversary Steering Committee. Councilmember Wilson reported the graffiti in the area adjacent of College Park West has been painted over, the gang has not reappeared, and that the Police Department has kept close contact with the residents of College Park West regarding this problem. She noted that the next public meeting to consider the Bixby property development will be March 24th, and reported Leisure World residents will receive a notice of that meeting with the Golden Rain News. Mayor Grgas requested that the graffiti on the walls of the pier foundation be removed. Councilmember Risner suggested that notice of the meetings regarding the Bixby property be placed in the Journal, either through an article or an insert. Councilman Hunt reported the next meeting of the Orange County Fire Department User Fee Committee will be held March 15th and that he will be attending as one of two persons representing senior interests on that Committee. He stated that a primary item of concern is the paramedic service fee, that it is his intent to support a discount for seniors, a discount for prepaid, single payment for multiple households, and as a primary objective, a special fee for contract cities, for which he said he felt there was justification. Councilman Hunt announced there would be a meeting in Leisure World on Thursday prior to the next Bixby meeting with the intent of receiving comments from Leisure World residents regarding the impacts of the Bixby development, those comments to be presented at the March 24th meeting. Councilman Hunt invited Councilman Laszlo to attend the Leisure World meeting. The City Manager reported the staff has offered, through news releases, to meet with any interested group to discuss the future Bixby development, and that a hot line has been installed for individuals to call and leave their questions, the staff responding to those persons twice daily. Councilmember I 3-12-90 Risner asked if City staff had been requested to attend the Leisure World meeting to respond to questions or provide explanations. Councilman Laszlo suggested that possibly there could be future consideration of holding Closed sessions sometime between 6:00 p.m. and 7:00 p.m. rather than at the end of the meeting. Mayor Grgas commended the Seal Beach CARES Group upon their recent workshop and panel presentation, which he reported was well attended, and may I be shown on the local cable channel again. ORAL COMMUNICATIONS Mayor Grgas declared Oral Communications open. Mr. Joe Rullo, 48-A, Surfside, reported the five year sand dredging project is anticipated to commence in the near future, and inquired if a means could be found to fund some additional sand, possibly one hundred fifty cubic yards, in conjunction with the upcoming project given the cost of approximately $3 per cubic yard, to be placed on the beach adjacent to Seal Way, and suggested a loan that could be repaid from future tax increment. The City Manager reported that when last contacted the Corp of Engineers advised they declared the east beach to be stable in the 1960's and they would no longer participate in an annual sand replenishment program, however the Public Works Director has been working with the Corps to take advantage of the environmental work that has been done and to determine if an amount of sand from this project could be transferred to the east beach. He noted there would be minimal time for any action to be taken to add to the upcoming sand dredging contract. Mr. Rullo stated that the sand loss problem is the result of the jetty, and since it has been proven that the jetty was built different from what was shown on the plans, he said he felt there should be a means by which the federal government I should assume some responsibility for reSOlving the sand problem. There being no further comments, Mayor Grgas declared Oral Communications closed. CLOSED SESSION The Assistant City Attorney announced the Council would meet in Closed Session to discuss pending litigation, the Wetlands Restoration Society versus Mola Development and the city of Seal Beach. The Council adjourned to Closed Session at 9:40 p.m. and reconvened at 9:56 p.m. with Mayor Grgas calling the meeting to order. The Assistant City Attorney reported the Council had discussed the item previously announced, a status report was presented, and no action was taken. ADJOURNMENT Wilson moved, 9:57 p.m. second by Laszlo, to adjourn the meeting at AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried Clerk and ex-o of Seal Beach of the I. Approved: ~/ +- A- J.-tu.~.. ~ Ma;~o-- 3-12-90 I 3-20-90 Attest: >)&,~j};Lfi. CJ.ty I Seal Beach, California March 20, 1990 The City Council of the City of Seal Beach met in special session at 8:10 p.m. with Mayor Grgas calling the meeting to order. ROLL CALL Present: Mayor Grgas Councilmembers Hunt, Risner, Wilson Absent: Councilmember Laszlo By unanimous consent of the Councilmembers present, Mr. Laszlo's absence from this meeting was excused. Also present: Mr. Nelson, City Manager Mr. Barrow, Assistant city Attorney Mrs. Yeo, City Clerk Mayor Grgas read the Notice of Special Meeting as follows: I, "NOTICE IS HEREBY GIVEN that Victor Grgas as Mayor and presiding officer of the City Council of the city of Seal Beach hereby calls and gives notice of a Special Meeting of the Seal Beach city Council to be held and convened at the hour of 8:00 p.m., Tuesday, March 20, 1990 in City Council Chambers, 211 - 8th street, Seal Beach, California, to meet in Closed Session regarding a matter of litigation, Wetlands Restoration Society vs. City of Seal Beach, and to take any measures or actions that may be deemed necessary relating to this matter. DATED THIS 16th day of March, 1990. 1\ Victor Grgas, Mayor City of Seal Beach Joanne M. Yeo, city Clerk city of Seal Beach." The Assistant city Attorney announced that the Council would meet in Closed Session to discuss the matter of pending litigation set forth in the Notice of Special Meeting. The Council adjourned to Closed Session at 8:12 p.m. and reconvened at 10:25 p.m. with Mayor Grgas calling the meeting to order., The Assistant City Attorney reported the Council had discussed the item previously announced and no action was taken. As a point of information and clarification, the Director of Development Services read the following statement: "As of this time the Building Department is issuing buildinq permits for the following types of work: