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HomeMy WebLinkAboutCC Min 1990-03-26 3-20-90 I 3-26-90 ~. Commercial, retail, office buildings. 2. Industrial buildings. 3. Detached accessory structures, i.e., garages storage sheds, patio covers. 4. All electrical permits. 5. All plumbing permits. 6. Heating, ventilation and air conditioning permits. 7. Mechanical permits. At this time the Building Department, pursuant to the court order is not issuing permits for the following types of construction: ~. New residential housing units. 2. Additions or remodels of existing residential housing units. 3. Demolition of existing residential units. 4. Re-roofing, window changeouts, and other interior and exterior maintenance actions which require issuance of a building permit. city staff is in daily contact with the city Attorney's office to determine when and how the above restrictions may be lifted in compliance with future court direction." The city Attorney noted that at the present time the city is awaiting the preparation of an order by the Wetlands Restoration society in the subject case and until that time the scope of relief is not known and the types of building permits that can be issued is uncertain. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 10:28 p.m. I of the Attest: Approved: Seal Beach, California March 26, 1990 The city Council of the city of Seal Beach met in regular session at 7:05 p.m. with Mayor Grgas calling the meeting to order with the Salute to the Flag. '1 3-26-90 ROLL CALL Present: Mayor Grgas councilmembers Hunt, Laszlo, Risner, Wilson Absent: None I, Mr. Nelson, City Manager Mr. Barrow, Assistant city Attorney Chief stearns, Police Department captain Garrett, Police Department Mr. Jue, Director of Public Works/ city Engineer Mr. Archibald, Assistant to the City Manager Mr. Curtis, Administrative Aide/Planning Mrs. Yeo, City Clerk WAIVER OF FULL READING Wilson moved, second by Risner, 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. Also present: AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried PRESENTATION Chief stearns introduced new City employees, Police Officer Jay Leonard, and Pat Fisher, Police Department Records Clerk. I AGENDA AMENDED Wilson moved, second by Hunt, to hold the Closed Session at this time. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I The Assistant City Attorney announced that the Council would meet in Closed session to discuss pending litigation. The City council adjourned to Closed Session at 7:09 p.m. The Council reconvened at 7:32 p.m. with Mayor Grgas calling the meeting to order. The city Attorney reported the Council had discussed pending litigation with regard to the Wetlands Restoration Society versus city of Seal Beach and another matter of threatened litigation. At the request of the Mayor, the Assistant City Attorney reported that on March 6th the Superior Court of Orange County enjoined the City from issuing any residential development permits. He stated since that time the judge has instructed the legal counsel for the Wetlands Society to prepare a proposed judgment, that that judgment has now been received, and subsequently extensive discussions have taken place with regard to the Wetlands judgment and the proposed judgment of counsel for Mola Development Company. He said it is understood that the judgment of the Wetlands society was forwarded to the court this date, and that the Mola judgment is to be delivered tomorrow morning. He explained that until such time as the judgment is signed, the City can not issue any residential permits, that there is question as to the approval of variances, as the issue of variances and non-residential development has been addressed in the proposed judgment of the Wetlands Society, however he stated it is believed that non-residential development is contrary to the court ruling. He added that both proposed judgments 3-26-90 include exemptions for single family homes. Mr. Barrow said it is hoped the judge will sign the order by the end of this week however there is no obligation to do so. In response to the Mayor, he said it is recommended that the city give no discretionary approvals until such time as the order is signed by the judge. After brief discussion, Wilson moved, second by Hunt, to receive Oral Communications at this time. I AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried Mr. Robert ogan, Ogan Construction Company, 10364 Los Vasqueros, Los Alamitos, inquired as to the longest period of time allowed to sign the order. The Assistant City Attorney advised that the judge is allowed a period up to six months to sign the order, however it is believed the judge understands the urgency of the situation, that the judge has ordered that the Housing Element update be completed within one hundred twenty days, and that he is being advised that the City has prepared the Draft Element and it has been forwarded to the State. He added that on this date the city and the counsel for the Wetlands Society requested a hearing before the judge, however was advised he was unavailable today and tomorrow, yet it is hoped he will take an action this week. Mr. Galen Ambrose, Wetlands Society, stated the judge did not prohibit remodels that did not require a variance, that there is no written order, charged that the city is misusing its power, also interfering in his campaign. Mr. Bruce Stark concurred with Mr. Ambrose, and stated in his inspection of the court file there was no minute order or written order that prevents the I issuance of a building permit, that the Wetlands Society did not ask the court to stop issuance of building permits, just permits for a housing development that would impact development of a housing plan, and alleged that there are changes proposed for the Housing Element as it applies to Leisure World or Old Town. He continued speaking to the judge's order, criticized the City'S actions, and made comments with regard to the campaign and upcoming election. At the request of the Mayor, the Assistant city Attorney again restated the oral order issued by the judge on March 6th. Members of the Council stated the comments and allegations were not correct. Councilmember Risner noted that the city Council knew that the Housing Element had not been revised, a situation that exists in most of the Orange County cities and throughout the State, the revision of the Element being a costly procedure. She added that no other Orange County city has updated their Housing Element except those that have also realized a legal challenge. For the purpose of clarification, the Assistant City Attorney stated the initial writ sought an order enjoining the City from issuing any building permits for a significant residential and non-residential development, however the oral order from the judge was that no building permits would be issued, also that the City did not have a Housing Element. He explained 1- that although the city did have a Housing Element the law requires that it be periodically updated, that the Element had been updated in 1982 which was felt complied with the 1984 update deadline, and required to be updated again by July, 1989. Mayor Grgas noted that the first approval of the Mola plan was approximately 1985 under the updated Element, however the deadline for the second update had expired at the time of the second approval. Discussion continued. A member of the audience asked if it were possible the oral order was misinterpreted. The Assistant 3-26-90 , , , \ City Attorney clarified that although the Wetlands society papers made reference only to significant residential and non-residential development, the judge's order was that the City was not to issue residential permits. I PROCLAMATIONS Mayor Grgas asked that the Todos Santos Proclamation be held over until consideration of agenda item "H". Mayor Grgas proclaimed the month of March, 1990 as "Child Abuse Prevention Month." I The month of April, 1990 was proclaimed "California Earthquake Preparedness Month" by the Mayor. The week of April 22nd through April 28th, 1990 was proclaimed "Days of Remembrance of the victims of the Holocaust" by Mayor Grgas. PUBLIC HEARING - APPEAL - VARIANCE 8-89 - 101 MAIN STREET - WATSON At the request of the Mayor, the Assistant City Attorney suggested that the hearing could be opened for the record, however recommended that no decision be made until the judgment is signed, since it does contain reference to variance approvals. Mayor Grgas declared the public hearing open to consider the appeal of Variance 8-89, a request for the provision of less than the required on-site parking in conjunction with the addition of four hundred forty square feet of dedicated storage space to the second story of an existing two-story mixed use commercial structure at 101 Main Street. The City Clerk certified that notice of the pUblic hearing had been advertised and mailed as required by law, and reported no communications had been received either for or against this item. Mr. Curtis, Administrative Aide, presented the staff report, noting that the Planning Commission approved Variance 8-89 on February 21st subject to four conditions, that action subsequently appealed by Mrs. Geraldine West. Mr. Curtis reported there are approximately twenty-five parking spaces currently on-site, and depending upon the interpretation of the Code, one-half to two additional parking spaces would be required for the four hundred forty foot addition. Mayor Grgas 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. Mrs. Geraldine West, 1201 Electric Avenue, was duly sworn by the city Clerk as she requested, and stated she was appealing approval of Variance 8-89 without providing the required parking. She made reference to the Downtown Revitalization Study of 1983 and stated that the consultant's finding with regard to parking was that it was in a state of equilibrium at the time. Mrs. West said the city has since caused a change of that finding by allowing businesses without the required parking, that there is now talk of a parking problem, one-way streets, and diagonal parking, and for that reason said she will oppose the issuance of variances and conditional use permits by the City for parking. Mrs. West said that should the City deny her appeal she would then file in the Superior Court, that granting of the variance is illegal as it does not meet the requirements of Section 28-2502, the required showing for variances, that there are no special circumstances applicable to the property, therefore is a grant of special privilege, and that M-1 zoning requirements were applied incorrectly as a basis for the variance. Mr. Roger West, 1201 Electric Avenue, charged the City with the I 3-26-90 responsibility for causing and worsening parking problems, that parking calculations were erroneously based on M-1 zoning, and approval of the variance would not be in compliance with current law. Mr. Galen Ambrose objected to the approval of variance of the Zoning Code. Mr. Alan Shields, 1300 Catalina Avenue, expressed concern with regard to provisions of the Code that allow certain structures to be built above the height limit. Mr. James Watson, owner of the property located at 101 Main Street, explained that his I"" request is to expand the building by cantilevering the four hundred forty square feet over the parking area, a separate unit with an outside corridor, and pursuant to the Planning Commission conditions to only be used for storage. He said to evict a tenant that has a long term lease, as was suggested by a speaker, to provide for storage does not seem reasonable for any of the parties, including the City. Mr. Watson pointed out that the storage area will not require additional parking, and noted that the provision for variance is well established in the law, and that pursuant to the Planning Commission condition, the use is limited, for the life of the building, to storage. He added that his business has been established for thirteen years, that he believed his building provides as much or more parking than other Main Street properties, and most of the businesses in his building are closed on weekends when parking is needed. Wilson moved, second by Risner, to continue the public hearing until April 23rd, as requested by Mr. Watson. In response to Council, Mr. Curtis explained that staff based the findings for parking on the M-1 zoning because of its provision for storage facilities, and that the Planning Commission was not specific regarding the issue of one-half to two parking spaces, but rather whether the use would impact the parking. The city Manager added that although the subject property is C-1, the Code does not address parking requirements for storage facilities under that zoning. I AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried AGENDA AMENDED Risner moved, second by Wilson, to consider agenda items "B" and "H" at this time. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried PROCLAMATION Mayor Grgas read in full the proclamation formally declaring the official twinning of the cities of Seal Beach and Todos Santos, thereby recognizing and enshrining the various and divergent community interests of the citizens in building a better climate for world understanding. RESOLUTION NUMBER 3921 - CITY OF TODOS SANTOS. MEXICO - SISTER CITY Resolution Number 3921 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, EXTENDING AN INVITATION TO THE CITY OF TODOS SANTOS, MEXICO TO BECOME A SISTER CITY AND INVITING THE PEOPLE OF TODOS SANTOS TO PARTICIPATE IN SAID PROGRAM." By unanimous consent, full reading of Resolution Number 3921 was waived. Mrs. Barbara Wright, 1245 Crestview Avenue, President of the International FriendShip Association, introduced Rose Wenjen, June Hopkins, Tim Yea, and Joan Wolfelt, and reported Mayor and Mrs. Grgas, Councilmember I. . ......... ..--- 3-26-90 I Wilson and daughter, Mr. and Mrs. Yea, June Hopkins, and Libby Gonzales will be traveling on the weekend to meet with the El Presidente from the District of La Paz to execute documents to make Todos Santos the sister city of Seal Beach, and asked that the community join in welcoming Todos Santos as our sister city. Councilmember Wilson noted that each person traveling to Todos Santos is personally assuming the cost of the trip. The members of the Council congratulated the International Friendship Association for their efforts over the years to establish a Sister City relationship. Wilson moved, second by Risner, to adopt Resolution Number 3921, and authorize the Mayor to execute the documents necessary for the twinning of the cities of Seal Beach and Todos Santos. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried Mayor Grgas noted that the representatives of the near future. an invitation will be extended for Todos Santos to visit Seal Beach in With unanimous consent a recess at 8:37 p.m. with the Mayor calling of the Council, Mayor Grgas declared The Council reconvened at 8:52 p.m. the meeting to order. I HEARING - SY NURSERY - PLACEMENT OF OFFICE TRAILER Mayor Grgas declared the hearing open to consider a request of SY Nursery to place an office trailer within the Southern California Edison right-Of-way located in the Public Land Use Zone. The City Clerk certified that notice of the hearing had been advertised, and reported that no communications had been received either for or against this item. Mr. Curtis, Administrative Aide, presented the staff report, noted that the proposed trailer would be utilized as an office and would be located at the southerly end of the proposed greenhouse in its relocated position adjacent to the San Gabriel River levee, the trailer to be approximately twelve by fifteen feet and approximately ten feet high. He reported the staff would recommend approval subject to the six conditions set forth in the proposed Resolution. There being no comments from the audience, Mayor Grgas declared the public hearing closed. RESOLUTION NUMBER 3920 - SY NURSERY - PLACEMENT OF OFFICE TRAILER Resolution Number 3920 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE PLACEMENT OF AN OFFICE TRAILER IN CONJUNCTION WITH AN EXISTING NURSERY GREENHOUSE LOCATED WITHIN THE SOUTHERN CALIFORNIA EDISON RIGHT-OF-WAY (11 COLLEGE PARK DRIVE, SEAL BEACH)." By unanimous consent, full reading of Resolution Number 3920 was waived. Wilson moved, second by Hunt, to adopt Resolution Number 3920 as presented. I AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried RESOLUTION NUMBER 3922 - COMPLETION - PROJECT NUMBER 607 - SIDEWALK RECONSTRUCTION Resolution Number 3922 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #607, SIDEWALK RECONSTRUCTION CITY-WIDE IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN FAV ENGINEERING AND THE CITY OF SEAL BEACH." By unanimous 3-26-90 consent, full reading of Resolution Number 3922 was waived. Wilson moved, second by Hunt, to approve Resolution Number 3922 as presented. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried RESOLUTION NUMBER 3923 and RESOLUTION NUMBER 3924 - TEMPORARY CLOSURE - PACIFIC COAST HIGHWAY/MAIN STREET - TURNPOCKETS Resolution Number 3923 and Resolution Number 3924 were presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CLOSURE OF THE NORTH AND SOUTH BOUND TURNPOCKETS LOCATED AT THE MAIN STREET/PACIFIC COAST HIGHWAY INTERSECTION." By unanimous consent, full reading of Resolutions Numbered 3923 and 3924 were waived. The city Engineer presented the staff report and explained that the proposed Resolutions are a requirement of CalTrans for the closure of the north and south bound turnpockets located at the Main Street/Pacific Coast Highway intersection, the closure being requested for the Easter Parade on April 8th and the Antique Car Show/Sidewalk Sale on April 28th. Hunt moved, second by Wilson, to adopt Resolution Number 3923 and Resolution Number 3924 as presented. I AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried RESOLUTION NUMBER 3925 - DESIGNATING THE WASTE MANAGEMENT COMMISSION AS COUNTYWIDE TASK FORCE UNDER AB939 Resolution Number 3925 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, I CALIFORNIA, A CHARTER CITY, TO SUPPORT DESIGNATION OF THE WASTE MANAGEMENT COMMISSION AS THE COUNTYWIDE TASK FORCE UNDER AB 939, THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989." By unanimous consent, full reading of Resolution Number 3925 was waived. Risner moved, second by Laszlo, to adopt Resolution Number 3925 as presented. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried RESOLUTION NUMBER 3883 - DESIGNATING ENFORCEMENT AGENCY - Z'BERG/KAPILOFF SOLID WASTE CONTROL ACT OF 1976 Resolution Number 3883 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DESIGNATING ORANGE COUNTY HEALTH CARE AGENCY AS ENFORCEMENT AGENCY FOR THE PROVISION OF THE Z'BERG/KAPILOFF SOLID WASTE CONTROL ACT OF 1976." By unanimous consent, full reading of Resolution Number 3883 was waived. Risner moved, second by Laszlo, to adopt Resolution Number 3883 as presented. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried CONSENT CALENDAR - ITEMS "N" throuah "0" In response to Councilman Hunt, the City Clerk advised that an appointment could be made to the Planning Commission after posting of the vacancy for a period of ten days. Wilson moved, second by Hunt, to approve the recommended action for items on the Consent Calendar as presented. I 3-26-90 I N. Approved regular demands numbered 78387 through 78567 in the amount of $988,957.02 and payroll demands numbered 39138 through 39308 in the amount of $202,764.53 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. o. Accepted the resignation of Mr. Emmett Suggs, member of the Planning Commission representing Councilmanic District Five, and declared the position to be vacant. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I STAFFING - REGIONAL NARCOTICS SUPPRESSION PROGRAM The City Manager reported that during the last budget considerations the Council had authorized the hiring of one officer over the budgeted positions of forty-one as long as the budgeted amount was not exceeded. He said the request before the Council is for authorization to employ an additional officer for the balance of the fiscal year and within the authorized budget amount, for the purpose of allowing the Department to assign one officer to the Orange County Regional Narcotics Suppression Program. He explained that there is a potential for monies to come to the City based upon the amount of assets and money confiscated in connection with the arrest and conviction of violation of drug related laws, and any monies returned must the used by the Police Department for narcotics related programs. With regard to the number of sworn personnel, the City Manager explained that the Council budgeted for forty-one persons, authorized an additional person within the same budget figure in anticipation of a vacancy, that the number of sworn personnel is presently forty-two, and the request under consideration is to maintain a forty-two person contingent. The Chief noted an additional non-sworn person was also approved by the 1989/90 budget. Councilman Laszlo expressed his preference that consideration of this item be held over until budget considerations, and possibly use existing personnel in the interim. In response to Councilmember Risner, Chief Stearns explained that a comparison of potential was drawn from the City of Placentia, having participated in the program since its inception 1986 and a Police Department of similar size to Seal Beach, and to date has realized $606,000 from seized assets and is due to receive another $400,000, and reviewed the benefits that have been realized by Placentia from those monies. The Chief noted that during the 1989 calendar year, a department providing one officer to the program received, on an average, $267,000 in returned seized assets. He explained that the use of such monies are limited to Police Department programs relating to narcotics, drug education, etc. Councilman Hunt indicated support for the program and the requested personnel given the importance of the problem as it exists. The City Manager advised Councilmember Wilson that at the present time the City could participate for a period of possibly two years, and then evaluate the success. He again noted that there is no assurance that there will be a return to the city, and that funding of the position may be a consideration during the budget process. Discussion continued. In response to Councilman Laszlo, the Chief offered to provide general statistics of drug related cases in Seal Beach that have been closed. The city Manager again clarified that the request is not for additional budget funds, just the authority for two positions over the prior I 3-26-90 budget authority for the remainder of the fiscal year. The Chief added that the intent is to add one officer so that one person can be assigned to the Task Force without lowering the service level in the community. Risner moved, second by Wilson, to authorize the additional personnel to allow staffing for the Regional Narcotics Suppression Program. Councilman Laszlo expressed his support for the Program however said he felt this matter should be considered during budget deliberations. I AYES: NOES: ABSTAIN: Grgas, Hunt, Risner, Wilson None Laszlo Motion carried ZONE TEXT AMENDMENT - MINIMUM LOT FRONTAGE IN OLD TOWN Mr. CUrtis, Administrative Aide, reported that this item is presented for Council consideration as a result of a number of inquiries to the Development Services Department. He stated that the Code as presently written encourages multi- unit structures instead of single family dwellings on lots of fifty feet or greater frontage, and cited an example a large unsubdivided lot in Old Town specifically in the high density residential zone where five to six three-story units would be allowed in lieu of two single family homes. Mr. CUrtis suggested that if it is the intention of the City to encourage the construction of single family homes on the larger lots, the staff would recommend a Zoning Text Amendment to decrease the minimum lot size in Old Town from fifty by one hundred foot lots to lots of twenty-five foot frontage. After brief comments, Grgas moved, second by Risner, to authorize staff to further evaluate a Zoning Text Amendment to reduce the current front footage requirement. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I The Assistant City Attorney noted that any change to the Zoning Code will require public hearings before the Planning commission and the City Council. MISS SEAL BEACH PAGEANT - MONETARY REOUEST This item was held over until the April 9th meeting as requested by the Pageant Committee. with the consent of the Council, Oral Communications were taken out of order at this time. ORAL COMMUNICATIONS Mayor Grgas declared Oral Communications open. Mr. Allen Shields, 1300 Catalina Avenue, expressed his concern regarding current building codes that allows structures to be built over the twenty-five foot height limit, and specifically noted his complaint with one structure that was allowed to gain roof access and now houses a mechanical observatory, which he said has caused him loss of view, privacy, and quality of life. Mr. Shields recommended that the twenty-five foot height limit be enforced and the roof I access variance provisions be eliminated, rescind previously issued variances where they have been clearly violated, made reference to the plans that he said misrepresented the structure that houses the observatory, and asked that the homeowner be required to remove the observatory dome. Mr. Shields reported three hundred signatures of Hill residents have been gathered in support of maintaining the twenty-five foot height. Councilmember Risner acknowledged that the referenced structures are a problem on the Hill. She noted the roof access structures are not processed through a variance procedure, and suggested the Planning Commission 3-26-90 I possibly redefine a roof access structure or eliminate them for the Hill properties. Mayor Grqas noted there have also been abuses of this Code provision in Old Town, and asked if there is any recourse to such approvals. The City Manaqer stated the specifically referenced structure meets all of the Code requirements with the exception of the dome, that the approvals were qiven and the City does not have any recourse available. He suqqested that possibly consideration could be qiven as to whether roof access structures are appropriate for the Hill, Colleqe Park East and Colleqe Park west, and the Code could be amended accordinqly. In response to the Mayor, Mr. Nelson reported the plans showed a domed roof with an unspecified roofinq material. Mr. Shields pointed out that the architectural drawinqs did not show a mechanical workinq dome, which he said he felt was a misrepresentation and should be a basis to void the approvals, and charqed that althouqh the Code does not allow there to be habitable space, there is habitable space in many of the roof access structures. Mr. CUrtis confirmed that the homeowner has aqreed to paint the dome even thouqh it was not a requirement of the buildinq permit. The Assistant city Attorney suqqested that if there was a misrepresentation, that could be a consideration, and noted that compatibility with the neiqhborhood could have been a stronq consideration if such arguments had been made initially to the Planninq Commission. He offered that this matter could be placed on a future aqenda that would allow the Council to direct that the issue be looked into further, includinq the issue of misrepresentation. Mrs. Mitzi Morton, 153 - 13th Street, spoke aqainst allowinq the roof access structures, stated the builders have abused this provision and it should be chanqed. Mrs. Norma Strohmeier, 209 Seal Beach Boulevard, said she was present in defense of Mr. Ambrose and the Wetlands Society, questioned why the Housinq Element had not been updated by the deadline dates, and objected to the type of housinq that is now beinq constructed in Old Town. She referred to alcohol as a druq and objected to its use durinq the Christmas parade. Mr. Galen Ambrose stated the Wetlands Society has stopped the Mola Development which will require that they come before the City Council once aqain, and said should the process be rushed before a new Council is seated, a referendum or initiative effort for a new Specific Plan is likely. Mr. Ambrose said that the wetlands belonq to everyone in the state, not just Seal Beach, and in response to a question of Council, said he felt the Coastal Commission acted irresponsibly and that the Corps of Enqineers is made up of builders. Mr. Bruce Stark spoke reqardinq his trip to eastern Europe, specifically Romania, and relayed what he felt were the reasons for their violent revolution. Mr. Stark reported he has notified the Police Department in the past when he was qoinq on an extended trip however upon return he has found broken windows, prybar marks, etc., therefore he told no one of his recent trip and nothinq occurred. He said, however, that the morninq after his return his driveway was scattered with roofinq nails, which he poured onto the table in the Council Chambers. Mr. Stark also spoke reqardinq the Housinq Element, to which he said the court found that the city had not complied with state law since 1984, and made mention of the administrative staff at that time. It was explained that the State requirement for revision of the Housinq Element was July 1st, 1984 and 1989, however the City had adopted an update in 1982 which has caused some confusion as to the 1984 requirement. There beinq no further public comments, Mayor Grqas declared Oral Communications closed. I I 3-26-90 CITY COUNCIL ITEMS councilman Hunt reported that, as a member of the citizens committee considering the issue of Orange County Fire Department user fees, he felt the committee will be unable to resolve the issue of fees that are supposed to be reasonable and equitable to all. He asked that the Council consider recommending to the Board of Supervisors that this issue be resolved by some other means, noting that there is I misunderstanding and there will be divisiveness between the cash cities, the contract cities, and the unincorporated areas. Councilman Laszlo suggested a Resolution be considered to be forwarded to the Board. The City Manager offered that there is considerable discussion of this matter at the Orange County city Managers organization also. Councilman Hunt noted that any plan will cost this city at least $250,000 or will become the obligation of the public, and he said he felt it is unfair. Mr. Hunt said he would be providing additional information to the Council prior to taking a formal action. Councilmember Risner expressed her objection to misinformation being distributed by a Council candidate, statements that Bolsa is to be widened and that Catalina Avenue will be opened to Seal Beach Boulevard. She stated Bolsa is not proposed for widening and if the Mola development goes forward the utility facilities will be removed and the Edison easement will be dedicated to the property owners, and that Catalina Avenue will not be reopened. She also charged that the candidate illegally placed campaign signs on the utility poles, and was requested to remove them since the Edison company does not have the manpower to do so. Councilmember Risner also stated that proposition 70 funds are not available for the purchase of property or wetlands, that Seal Beach will receive approximately $90,000 which has been allocated to I and must be spent on recreation, that there is no money available from the Ports of Long Beach for the purchase of wetlands, and noted that a number of groups have worked diligently to obtain money for the purchase of the wetlands only to find no money was available, therefore it would be in the best interest for the developer to dedicate a certain portion of the wetlands to the city. The City Manager made reference to the memorandum from the Public Works Director regarding the sewer force main break in Westminster Avenue at the Weapons station railroad crossing east of Kitts Highway. He reported the sewage is being contained on the Weapons station at this time until the break is repaired, the break necessitating the closing of the westbound lanes of Westminster Avenue at Bolsa Chica, that a sig-alert was issued and signs have been placed at various locations. Mr. Nelson stated as of 4:00 p.m. this date the point of the break had not been located and it is unknown as to the length of time for repair. The Public Works Director added that the Sanitation District was unable to secure a contractor with equipment of sufficient size this date to break-up asphalt of eighteen to twenty inches thick. He explained that the line that broke is the property of the Orange County Sanitation District, that the I waste water from Old Town and from the north converges at their pump station, and it was the District's feeling that the remaining thirty inch line is adequate to handle the sewage flow until the repairs can be made. Mr. Galen Ambrose stated he had attended a Planning commission meeting over a year ago during which Mr. Sharp mentioned the widening of Bolsa. He said that projects proposed for Long Beach will increase the traffic ninefold through Seal Beach, questioned why Seal Beach is only '., 3-26-90 I 4-3-90 I qettinq $90,000 of Prop 70 funds when Laquna Beach is qettinq considerably more, and stated there is money available for parkland alonq streams and rivers which would include the Hellman and DWP properties. In response to Council, Mr. Ambrose acknowledqed he had discussed the wideninq of BOlsa, had not talked about openinq Catalina, and said that the Ports have money and can buy the Hellman property, but they can not qet involved while Mola has an option on the property. Mrs. Strohmeier, Seal Beach Boulevard, said she received a letter that accused her of sayinq the individual had broken into city Hall and stole confidential personnel records. Mrs. strohmeier denied the charqe. She also inquired as to the costs incurred for the police officers that retire from jOb related stress injuries after about five years employment. Mayor Grqas noted that police retirements are qoverned'by state law. There were no other comments, and Mayor Grqas declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meetinq until Tuesday, April 3rd at 7:00 p.m. The meetinq adjourned at 10:55 p.m. I Approved: tt:M\ f} ~ Mayor Attest: Seal Beach, California April 3, 1990 The City Council of the City of Seal Beach met in reqular adjourned session at 7:03 p.m. with Mayor ProTem Wilson callinq the meetinq to order with the Salute to the Flaq. ROLL CALL Present: Mayor ProTem Wilson Councilmembers Hunt, Laszlo, Risner Absent: Mayor Grqas I Also present: Mr. Nelson, city Manaqer Mrs. Yeo, City Clerk WAIVER OF FULL READING Risner moved, second by Wilson, to waive the readinq in full of all ordinances and resolutions and that consent to the waiver of readinq shall be deemed to be qiven by all Councilmembers after reading of the title unless specific request is made at that time for the readinq of such ordinance or resolution.