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HomeMy WebLinkAboutCC Min 1990-04-09 4-3-90 - 4-9-90 I Street, said if the city subscribes for the service and an individual is billed and the collection made, would that money be returned to the City. Mr. Hunt said it is his understanding that if a group subscribes, such as the city, and if someone who resides elsewhere is billed and pays, the city would in turn receive a credit. He pointed out that the details of this issue have not been completed. There being no further comments, Mayor ProTem Wilson declared Oral Communications closed. CLOSED SESSION No Closed Session was held. ADJOURNMENT Risner moved, second by Laszlo, to adjourn the meeting at 7:38 p.m. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried of the Approved: ~~,W~ Mayor Attest: I Seal Beach, California April 9, 1990 The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor ProTem Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Wilson Councilmembers Hunt, Laszlo, Risner Absent: Mayor Grgas I Mayor Grgas arrived at the meeting at 7:45 p.m. Also present: Mr. Nelson, city Manager Mr. Barrow, Assistant City Attorney Mr. Whittenberg, Director of Development Services Chief Stearns, Police Department Mr. Jue, Director of Public Worksl City Engineer Mr. Archibold, Assistant to the City Manager Mrs. Yeo, City Clerk 4-9-90 Mayor ProTem Wilson announced that Item "B", a public hearing on the Housing Element, and Item "H", covered roof- access structures, would not be considered at this meeting and continued until the April 23rd meeting. PRESENTATIONS Chief Stearns introduced new Police Department employees, Mr. Lloyd Karger and Mr. Ron LaVelle. CONTINUED ITEMS Risner moved, second by Hunt, to continue Items "B" and "H" as previously announced. I AYES: NOES: Hunt, Laszlo, Risner, Wilson None Motion carried PROPOSED ORDINANCE NUMBER 1302 and PROPOSED ORDINANCE NUMBER 1303 - HANDBILLS/SIGNS - PUBLIC PROPERTY and PUBLIC UTILITY PROPERTY The City Manager reported that an inadequacy in the City'S sign regulations, specifically with regard to utility facilities, was previously brought to the attention of the city by the Southern California Edison Company, and that attention has recently focused on this issue as a result of the political campaign. He explained two Ordinances were presented for consideration, an urgency Ordinance that would take effect immediately, another to follow the normal adoption procedure. Risner moved, second by Hunt, to hold this matter over until the arrival of Mayor Grgas. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried I CONSENT CALENDAR - ITEMS "E" throuah "I" Risner moved, second by Hunt, to approve the recommended action for items on the Consent Calendar as presented. E. Approved reqular demands numbered 78568 through 78768 in the amount of $410,584.03 and payroll demands numbered 39309 through 39478 in the amount of $202,531.15 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. F. Rejected the Application for Permission to Present a Late Claim on behalf of June Beedy, the claimant. G. Approved the Senior Nutrition Transportation program Agreement for the period July 1, 1990 through June 30, 1991, and authorized the City Manager to execute the Agreement on behalf of the City. H. By previous motion, the matter of covered roof access structures was continued until the meeting of April 23rd. I. Ratified the 1990/91 West Orange County Water Board budget. I AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried 4-9-90 I TRANSPORTATION FINANCING FRAMEWORK The city Manager presented the staff report and made specific reference to a March 26th joint meeting of the Orange County Transportation Commission and the Orange County Transportation District at which time those bodies undertook a review of the status of Orange County transportation financing, with the Commission voting, by a four/three vote, to adopt a major policy change. He reported that one of the major impacts is initiation of an action to take certain transit fund monies that have been set aside for future transit expenditure, where the proceeds of those funds have been available to cities on a matching fund basis for street improvements, and use those monies to construct a high-occupancy lane on Highway 57. He advised that the action was taken with relatively short notice to the cities, and that a request of the League to postpone the action was not approved. He reported that the City of Santa Ana has proposed a resolution for consideration before the League also requesting a continuation as well as formation of a committee to study transportation financing strategies, and legal counsel for the Commission and District have conflicting viewpoints as to whether the Commission can move forward without further action. Mr. Nelson requested direction from the Council, noting however that based upon the limited information available at this time, it may be in the best interest to request a continuation and support the position taken at the League meeting, and to direct staff to provide recommendations at a future date. Members of the Council indicated their support for the position taken by the League. Councilman Laszlo said he felt Seal Beach should oppose the use of these funds to construct a high occupancy lane on Highway 57. Risner moved, second by Hunt, to support the League position. I AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried REOUEST - MONETARY SUPPORT - MISS SEAL BEACH PAGEANT Members of the Council voiced support for the name change of the Pageant. The City Manager noted the Pageant representatives were not present, that it would be the option of the Council to either support the event through attendance or by allocation of funds as requested, explaining that sufficient funds remain to cover the $1000 request for the 1990 Pageant. Councilman Laszlo noted that the communication requesting funds did not set forth the anticipated expenses of the Pageant. Risner moved, second by Laszlo, to hold this item over until the next meeting. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried I CITY COUNCIL ITEMS SISTER CITY UPDATE Mayor ProTem Wilson reported she was a member of the group that recently visited Todos Santos and that everyone was warmly received. She requested that this item be held over until the arrival of Mayor Grgas for further report. APPOINTMENT - PLANNING COMMISSION Councilman Hunt moved to appoint Mr. Howard McCUrdy to the Planning Commission representing District Five for the unexpired term ending July, 1991. Councilmember Risner seconded the motion. 4-9-90 AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried COMMUNICATION - BEACH CLEANING Councilman Hunt referred to a communication from Ms. Adelle OWen with regard to beach cleaning and requested an update from the staff. The Director of Public Works reported that I the beach is cleaned on an average of twice per month during the winter months, resulting in approximately one ton of trash per cleaning. He explained that the equipment cleans to a depth of approximately six to ten inches, causes some stirring of the sand, and on windy days may result in some sand blowing towards the adjacent homes, however it 'is felt that situation would be worsened if the cleaning were done in the afternoon hours given the wind factor. Mr. Jue added that during the summer months approximately four tons of trash is collected during the daily beach cleaning, that the crews work from 4:00 a.m. until noon with the beach cleaning commencing about 7:00 a.m. to accommodate the requests of nearby residents. ORAL COMMUNICATIONS Mayor ProTem Wilson declared Oral Communications open. Mr. Alan Shields, 1300 Catalina Avenue, requested that the item relating to covered roof access structures, continued to the next meeting, be considered prior to the public hearing on the Housing Element. It was the consensus of the Council that the request be honored. Mr. Bruce Stark, Seal Beach, stated that the withholding of building permits as a result of the Wetlands Restoration Society lawsuit is a political ploy, submitted a claim for losses he said he incurred as a result of the city refusing to issue building permits, and I offered to donate any proceeds from his claim to the park and recreation fund to replace some of the Quimby Act funds that were previously returned to Leisure World residents. He again questioned the existence of a written court order prohibiting the issuance of building permits. Mr. Stark alleged that a member of the Council had read from campaign literature for the benefit of a candidate from the public pOdium, also charged that the Councilmember did not support more parkland based upon past actions with regard to the Quimby funds. Members of the Council expressed objection to Mr. Stark's comments. In response to a request of council, the Assistant City Attorney reported that on March 6th the judge ruled from the bench that the City was not to issue residential building permits, ruled that the Housing Element was invalid, and had deferred one matter which he took under SUbmission, on approximately March 16th the judge issued a minute order which declared the Mola approvals to be invalid, that relief was granted as prayed, and subsequent to .that the various parties have prepared their judgments. He added that the city's legal counsel forwarded a letter to the commissioner requesting that the injunction be lifted for minor non-discretionary permits since it appeared that all parties had reached agreement on that issue, and subsequent to that the Commissioner advised by telephone I that he would be granting the order as had been written in the proposed judgment on behalf of the City for the issuance of such permits. In response to the Council, he noted it is customary for the Court to make a transcript of the proceedings, which could be requested at the direction of the Council. Mr. Barrow also noted that based upon the draft judgments the City would not be allowed to grant variances until such time as the Housing Element is approved. In response to Mr. Stark's comments, Mr. Howard McCUrdy, 1320 Mayfield Road, stated he had worked with City 'I 4-9-90 I staff over a period of four years to find a means of using the Ouimby funds from the Leisure World condominium project within the requirements of state law, and explained that the monies returned were not to Leisure World, but to the property owners who had paid the fee initially. The city Manager explained that state law allows a City to impose a fee on new development based upon the impact on parks and recreation, that those monies may be used for acquisition and development of facilities within the development or facilities that serve the development, that the monies must be used within a period of five years or the monies are required to be returned to those who paid the fee. He said it was his understanding that there was effort to apply the Quimby fees to the benefit of the Leisure World residents however it was determined that they could not since their recreation facilities are private to the Leisure World residents and it is necessary that the facilities be open to the public, and likewise there was no other area where the monies could be spent for the direct benefit of that development as required by state law. The staff clarified that under current law if Ouimby fees were collected from a development such as proposed by Mola, the fees could be used to develop parks anywhere in the city, however the law, as it existed at the time of the Leisure World condominium project, was different. staff offered to research whether Ouimby monies could be used for the rehabilitation of existing facilities as opposed to acquisition and development of new recreation facilities to benefit the residents of the development. It was noted that at the time the Quimby fees were collected for the condominium project the areas allowed for expenditure of those fees was narrow as compared to what is currently allowed. A question was posed as to whether the fees that were collected at the time of the subject development could have been used exclusively in Leisure World and meet the intent of the Quimby Act. Mr. McCurdy responded that pUblic monies were not allowed to be spent within a private development, yet the law at that time did allow for the expenditure of Quimby fees "adjacent thereto" had there been such an area. Mr. Stark continued speaking about the Leisure World condominium project Quimby fees, alleged that a former member of the Recreation Commission and the Planning Commission had expressed their displeasure with the Council for returning the fees, and charged that the city has not made application for park funds that are available. Members of the Council responded to Mr. Stark's comments. with regard to the issuance of building permits, Mr. Galen Ambrose, Wetlands society, said that the prayer of the Wetlands lawsuit was directed to significant development and did not address remodels, etc., and as he predicted, the City is issuing building permits since the election is past. Mr. Ambrose made reference to an article he read regarding ethics, charged that on the eve of the election a member of the Council read all or portions of a flier of his opponent, and criticized the reporting of the local newspaper. Mr. Ambrose read portions of September 16, 1988 and October 12, 1988 letters from the Port of Long Beach with regard to wetland areas, restoration, and land acquisition for new wetlands, stated that if the Port of Long Beach determined to not undertake the Hellman wetlands restoration, the Port of Los Angeles would, that Southern California Edison, Southern California Gas are also sources of funding. He added that none of the outside agencies can be involved in the property while the Mola option exists, and if the land is not given to the Port they must buy it to accomplish their mitigation requirements. Mr. Ambrose continued with comments regarding the Planning Commission hearing on the Housing Element, low income housing, the I I 4-9-90 public meetings regarding the Bixby property, and stated if the Wetlands Society plan had been adopted there would be no housing on the Hellman land. There being no further comments, Mayor Grgas declared Oral communications closed. In response to a question of Council, the Director of Development Services stated the 1988 SCAG Regional Housing I Needs Assessment indicated a total demand in the community of 494 units, 200 upper income units and 294 very low, low, and moderate housing. He explained that the 1982 adopted Housing Element indicated a total need of approximately 1100 units for all of the income categories of new housing, slightly more than 700 units for very low, low, and moderate, the numbers from 1982 to 1988 were changed dramatically by SCAG based upon their estimates of future population that will be coming into the Southern California region, and the population is distribution into the specific regions. He noted the substantial change is largely due to future population that will be goinq to the outlying areas rather than the urban areas. With unanimous consent a recess at 8:20 p.m. with the Mayor calling of the Council, Mayor Grgas declared The Council reconvened at 8:35 p.m. the meeting to order. AGENDA AMENDED It was the consensus of the Council to amend the agenda for further update regarding the Sister city. Mayor Grgas announced that after years of effort by the International Friendship Association, the cities of Seal Beach and Todos Santos, Baja California, Mexico, have been ,- formally enjoined as sister cities. He reported a contingent from Seal Beach recently visited Mexico, meeting with the Mayors and various officials of La Paz and Todos Santos, to formally document the joining of the two cities. He said the group was treated as visiting dignitaries, with warmth and hospitality, and it was found there are a number of similarities between the two cities. Mayor Grgas displayed a plaque presented to Seal Beach enjoining the cities of Seal Beach and Todos Santos for the purpose of enqaging in programs of cultural, economic, and social exchange. He announced that the Mayor of La Paz is expected to visit within the next few weeks to present the flag of Mexico to this City in return for the united States flag that was presented to them. Mayor Grgas noted that Barbara Wright, president of the Friendship Association, is presently in Todos Santos and that she took considerable baseball equipment, donated by Mr. Joe Rullo, to their little league team that has been the State champion for the past fourteen years. Mr. Mark Biedebach, spoke of the efforts of the Friendship Association over the past three and a half years towards the sister city program. He introduced the members of the International Friendship Association and expressed appreciation to each, and said he felt this program gives the city cultural focus that extends far beyond its boundaries. Mayor Grgas noted that the I Governor of Baja and other officials were invited to attend the City'S 75th Anniversary Celebration in October. ORDINANCE NUMBER 1302 - REGULATING HANDBILLS and SIGNS - URGENCY ordinance Number 1302 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 19B OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO SIGNS AND DECLARING THE URGENCY THEREOF." By unanimous consent, full reading of Ordinance Number 1302 was waived. The city 4-9-90 I Manager again noted that the inadequacy of the city's sign regulations had been pointed out by the Southern California Edison Company in 1987 based upon court rulings that upheld state law to be enforceable by a local ordinance to prohibit the posting of signs on certain public facilities. He said a primary concern with placement of signs on such facilities is the safety of utility workers or anyone charged with the responsibility to remove the signs given the various means by which signs are attached, that such signs also pose a hazard to pedestrian and vehicle traffic where they may block a view or cause a distraction, and further, distract from the surroundings from an aesthetics standpoint. The City Manager explained that the Zoning Ordinance presently prohibits off-premise signs, and made specific reference to real estate signs, also regulations prohibiting signs on public right-of-ways. Members of the that Council reported receiving calls from realtors requesting some consideration be given their Off-premise signs, possibly specific areas where their signs could be placed for a period of time. The Assistant City Attorney noted that the proposed Ordinance(s) deals only with signs upon any pUblic property or property owned or maintained by a public utility, and subsequent to this Ordinance possibly an exception could be developed for the placement of signs on specific properties. He pointed out that the language of Sections 19B-7 and 19B-8 is almost verbatim of the City of Los Angeles Ordinance that was found to be constitutional by the Supreme Court. The City Manager noted that the Public Works Department does remove signs as does the Police Department when it is felt they are haphazardly posted, again explained that real estate signs, other than those posted on the subject property, are currently prohibited. The Assistant City Attorney noted that violation of the Ordinance would be a misdemeanor and establishes a liability for the cost of removing the signs. The City Manager added that under existing Code the City would not go upon private property to remove a sign, however on complaint the subject of the sign would be notified of the violation. I I Wilson moved, second by Risner, to adopt Ordinance Number 1302 with an amendment to Section 19B-7, line 6, to read "...telephone or telegraph or trolley wire pole or appurtenances or apparatus connected therewith..." as requested by Southern California Edison Company. Discussion followed. It was again explained that under State law it is illegal to post signs on public utility facilities, however the utility companies do not always have the available personnel to remove signs on an on-going basis, and althQugh Off-premise signs on private property are currently,prohibited, the City does not enforce the removal of signs from private property unless a complaint is lodged. Ms. Louise Marsh-Shea, Louise Marsh Real Estate, 242 - 14th Street, requested that the Council consider some flexibility to existing sign regulations, possibly investigate allowing real estate signs at certain major intersections or corners, and said she understood the dangers that can be realized from placing signs on utility poles. The Assistant city Attorney offered that the proposed section 19B-9(c) does provide for exceptions, and possibly agreement could be reached with the city to place signs in certain areas for a specific period of time where there would be no obstruction of view for vehicles or pedestrians. Mayor Grgas suggested that the staff identify possibly five to six locations where signs could be 4-23-90 permitted, the number of signs allowed, the dimensions, etc., that would be acceptable to the realtors. Councilmember Risner suggested a permit process, possibly with approval of the City Manager or Development Services Director. Ms. March-Shea made reference to cities that have I adopted sign ordinances specific to the real estate business that regulate the number of signs at a given location, the height, dimensions, flags, and even color. The Assistant city Attorney cautioned that regulations should generally be content neutral in order to avoid violation of first amendment rights. Vote on the motion to approve Ordinance Number 1302 as amended: AYES: NOES: Grgas, Hunt, Risner, wilson Laszlo Motion carried Councilmember Risner requested that Ordinance Number 1302 be forwarded to each of the city Council candidates. ORDINANCE NUMBER 1303 - REGULATING HANDBILLS and SIGNS Ordinance Number 1303 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 19B OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO SIGNS." By unanimous consent, full reading of Ordinance Number 1303 was waived. Wilson moved, second by Grgas, to adopt Ordinance Number 1303 with the additional wording to Section 19B-7, line 6, as stated for Ordinance Number 1302. Upon further Council discussion, the Assistant I City Attorney noted that the exceptions under Section 19B- 9(c) would be subject to further clarification, to possibly - allow the public agency the power to grant permits to private groups or individuals to place signs on City property. CITY COUNCIL ITEMS Mayor Grgas noted there has been discussion of expanding the 75th Anniversary steering Committee to include a representative of the Naval Weapons station and the newspaper, and inquired if the Committee meetings are open to all persons. The city Manager responded that the Steering Committee was meant to be small in number of members, and that the meetings are open to all interested persons. Councilmember Risner suggested that the meeting times and dates be published for the benefit of the residents. At the request of the Council, the city Clerk reported a hand tally of the District One precincts for the March 27th election was conducted this date at the request of a candidate, and that the result of the tally was no schange to the votes cast or the votes given to each candidate of District One. CLOSED SESSION No Closed Session was held. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeti a 9:37 of the 4-9-90 / 4-23-90 Approved: 7~J~ Mayor I Attest: Seal Beach, California April 23, 1990 The City Council of the city of Seal Beach met in regular session at 7:05 p.m. with Mayor ProTem Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Wilson Councilmembers Hunt, Laszlo, Risner Absent: Mayor Grgas It was the unanimous consensus of the Council to excuse the absence of Mr. Grgas from this meeting. I' Also present:, Mr. Nelson, City Manager Mr. Barrow, Assistant City Attorney Mr. Whittenberg, Director of Development Services Mr. Jue, Director of Public Works/ city Engineer Mr. Archibold, Assistant to the City Manager Mrs. Yeo, city Clerk WAIVER OF FULL READING Laszlo moved, second by Hunt, 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: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried I PROCLAMATIONS Mayor ProTem Wilson proclaimed Saturday, May 12th, 1990 as "Fire Service Recognition Day." Battalion Chief Mike McCoy accepted the Proclamation on behalf of the Orange County Fire Department and extended an invitation to all citizens to visit the local Fire Stations on May 12th. Mayor ProTem Wilson proclaimed May 1st, 1990 as "Law Day U.S.A." Mayor ProTem Wilson proclaimed Saturday, April 28th as the "Health Fair Expo" to be conducted by the Rossmoor Center Merchants Association. Mr. Leonard Wilson accepted the Proclamation on behalf of the Rossmoor Center and invited all citizens to attend the Health Fair Expo.