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HomeMy WebLinkAboutCC Min 1990-04-23 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. 4-23-90 May 16th, 1990 was proclaimed "Employee Health and Fitness Day" by Mayor ProTem Wilson. Mayor ProTem Wilson proclaimed May 18, 1990 as the kick-off date for the Orange County Chapter of the "American Red Cross 25th Anniversary." AGENDA AMENDED By unanimous consent, the agenda was amended to meet in Closed Session at this time." I CLOSED SESSION The Assistant City Attorney announced that the Council would meet in Closed Session to discuss an item of pending litigation and an item to determine whether the City should initiate litigation. The Council adjourned to Closed Session at 7:18 p.m. and reconvened at 8:12 p.m. with Mayor ProTem Wilson calling the meeting to order. The Assistant City Attorney reported the Council had discussed pending litigation in the case of the Wetlands Restoration Society versus city of Seal Beach, and a report was made to Council WITH regard to initiating litigation in the matter of a covered roof access structure. Mr. Barrow recalled that at the last meeting legal counsel was directed to research the issue of whether misrepresentation had occurred with regard to a covered roof access structure, and based upon review of the plans submitted to the city it did not appear that there was misrepresentation from a legal standpoint. Mr. Barrow noted the staff had also been directed to prepare an ordinance with regard to the future use of covered roof access structures. Risner moved, second by Laszlo, to amend the agenda to consider Item "S", covered roof access structures, at this time. I AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried COVERED ROOF ACCESS STRUCTURES The Director of Development Services presented the staff report and explained the current provisions of the Code governing covered roof access structures, section 28- 2317.3(d) which grants an unconditional exception to covered or uncovered stairwells to an open roof deck, and Section 28-2317.4 which allows for minor height variation up to seven feet. He noted that the construction of covered roof access structures under current zoning neither requires Planning commission review or noticing of the adjacent property owners. Mr. Whittenberg explained the current policy of staff is to allow this type of structure to exceed the twenty-five foot height limit by the seven feet, or maximum of thirty-two feet, and no larger than the minimum necessary to cover the stairway and the required landing, a I requirement of the Uniform Building Code. The Director noted the subject structure, located at 1305 Sandpiper Drive, was reviewed by the Planning Commission in 1987 and permits were subsequently obtained. He reviewed four alternatives, as set forth in the April 9th staff report, for consideration of the Council, and reported the city Attorney has prepared an urgency ordinance that would prohibit staff from granting additional approvals for covered roof access structures until such time as further review of the Code provisions are undertaken and a 4-23-90 I determination is made as to the type of modifications, if any, are desired. Councilmember Risner reported there are a number of persons on the Hill that oppose the roof structures, that she would support a moratorium, however felt that this matter should be held over until Mayor Grgas is present. Mr. Jerry Anderson, 1301 Sandpiper Drive, submitted a petition from Hill residents containing more than three hundred signatures opposing any portion of a structure that exceeds the height limit in residential districts and in support of appropriate amendments to the Code. Mr. Anderson made reference to the covered roof access structure located at 1305 Sandpiper, adjacent to his residence, which he said he understands is legal under present Code. He pointed out that the structure provides access to the roof deck, however stated the portion of the structure above the door is not necessary and simply provides a tower for the fully operational observatory dome. Mr. Anderson read a copy of the minor plan review application for the subject property, also stated the plans submitted to the city did not show an observatory dome, which he charged was a deception on the part of the property owner. He said initially it appeared that a hip roof was being constructed and the contractor advised that the area was to be a stairwell. Mr. Anderson stated he had expressed concern with the size and location of the structure to the property owner, cited the fact that it would block the sun from his backyard, also that he had suggested the structure be placed towards the center of the residence. Mr. Anderson voiced his objection to the dome, charged that its placement would have required the services of a structural engineer, and stated it has been suggested that the dome may fall within the Code definition of roof mounted mechanical equipment. He concluded that there had been an error made during the approval process in allowing the observatory dome, yet he has now been told that nothing can be done to rectify the situation even though the dome is inappropriate for a residential neighborhood and impacts his personal residence. The Council asked that the city Attorney research whether the dome would fall within the definition of roof mounted mechanical equipment. Mr. Alan Shields, 1300 Catalina Avenue, stated a mechanical observatory is not a residential structure, it is a non- conforming industrial mechanism that results in a loss of view, impacts market values, takes away privacy, impacts everyone within its range, sets precedence, and does not belong in a residential neighborhood. He too said he felt this project was misrepresented by the homeowner, and when the city was made aware of the concerns with the structure, they failed to stop the project. Mr. Shields suggested that the crane that originally placed the observatory could also remove it, stated that the structure is not part of the roof, asked what is proposed to be done about the covered roof access structures having habitable space, also asked that the twenty-five foot height limit be adhered to as requested by the petition. Mr. Anderson and Mr. Shields provided photographs of the subject property and the covered roof access structure. Mr. Shields also drew a comparison between the Code requirements for satellite dish antenna, which is required to be screened from view, and the subject structure. He made reference to an article in the Los Angeles Times regarding the structure and the quotes of the property owner. Mr. Shields stated he felt that the fact that someone manipulated the Code to this degree would give I I 4-23-90 the Council the opportunity to not allow more covered roof access structures, and asked that removal of the dome be required. Discussion continued. Given the reference to other provisions of the Municipal Code, Councilmember Risner moved to direct the City Attorney I' to further investigate this issue and the possibility of a legitimate legal action. Councilman Laszlo seconded the motion. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried Mr. Paul Klahr, 716 Sandpiper Drive, concurred with the comments of Mr. Anderson and Mr. Shields that this structure is inappropriate for a residential neighborhood and should not have been allowed. Mr. Galen Ambrose spoke for compliance with the zoning and building codes, discontinuing the issuance of variances, and for further review of the elements of the General Plan. Ms. Mitzi Morton, 13th Street, spoke for including District One in any moratorium. Ms. Marilyn Hastings, 121 - 12th street, stated her opposition to covered roof access structures. Mr. Mark Thompson, property owner of 1305 Sandpiper, stated the plans for his residential remodel have been approved for some time, that the dome meets Code requirements, including height and size. He said that a contemplated change of the Code would not impact him personally, however would impact others that wish to remodel their homes. Mr. Thompson said that domes are not new to Seal Beach and create a I centerpiece for homes, commercial buildings, and churches. He stated the dome on his residence is not unlike a roof skylight, it must be opened, shut, and moved by hand, that there are no motors, that the dome functions as a shield from the wind and shelter from the light and allows for the use of a portable telescope for view of the sky. He said in order for a telescope to function inside the dome it must be pointed upwards which provides a narrow field of view well above the horizon. On the issue of covered roof access structures in general, Mr. Thompson stated they provide an element of safety to a roof deck as opposed to an exposed staircase or ladder on the side of a house, therefore if homeowners are going to be permitted to improve their property and build room additions with roof decks, then the covered roof access is the only logical, safe alternative, and that the location of a property should not be a consideration. He added that he also opposes a change of the Code to treat covered roof access structures as a minor height variation, the reason being that all minor height variations require the approval of every homeowner within three hundred feet of the proposed building site and from a practical standpoint, how could it be expected that everyone will approve of another persons design, and asked by whose standards is it determined what is aesthetically pleasing. I Mr. Herman Harvill, 709 Taper Drive, expressed his opposition to the subject dome, stating it impacts his view, does not fit the housing nor the neighborhood, that the intent of the covered roof access structures was for access to a roof deck, yet adjacent residents are told they must live with this structure. He also made reference to a twelve by sixteen foot covered roof access structure on South Shore Drive which also impacts his view. Mr. Harvill spoke for the removal of the dome, for an amendment of the Code, and noted that none of the residents were provided 4-23-90 I notice of this structure. Mr. Chi Kredell, 1633 Seal Way, supported placing a moratorium on the approval of covered roof access structures in District One also, stated his residence has roof access without having the structure, and suggested a committee to look into this matter. Mr. Kredell said that with the exception of possibly two, he felt the covered roof access structures were first allowed in conjunction with construction of a victorian style home on Seal Way, however this provision has since been abused. Councilmember Risner noted that for Hill properties an outside stairway can be provided to a roof deck within the sideyard setback, however questioned how that would apply in Old Town. The Director of Development Services confirmed that an outside stairway would be within the setback area, possibly on the rear of a property depending upon the design, and that a number of properties have access from inside and outside, without the additional roof structure. He clarified that the Building Code requires that a chimney be two feet above the highest point of the roof. Mr. Pete Peters, 160 - 12th Street, expressed support for the moratorium and elimination of covered roof access structures. I ORDINANCE NUMBER 1304 - PROHIBITING PERMIT ISSUANCE - COVERED ROOF ACCESS STAIRWELLS - URGENCY Ordinance Number 1304 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH PROHIBITING THE ISSUANCE OF ANY PERMITS ALLOWING COVERED ROOF ACCESS STAIRWELLS AND DECLARING THE URGENCY THEREOF." By unanimous consent, full reading of Ordinance Number 1304 was waived. The Assistant City Attorney explained that as written the Ordinance,is applicable to the entire City and applies only to those stairwells that exceed the Code height limitation. Councilmember Risner stated it was her intent to place the moratorium on all covered roof access structures. The Assistant city Attorney suggested that Section 2 of the Ordinance could be amended to read "no building permits or other entitlements of use shall be issued which would permit covered roof access stairwells." Risner moved, second by Laszlo, to adopt Ordinance Number 1304 with the amendment of Section 2 as stated. Councilman Hunt asked if any permits have been recently issued that would be in violation of this Ordinance. The Development Services Director responded that any project for which permits have been issued would not be impacted, and he did not believe any are pending that propose a covered roof access structure. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried I The Assistant City Attorney pointed out that the Ordinance is effective for a period of forty-five days or until extended or repealed by the Council, the Ordinance calling for a public hearing on May 28th. Councilmember Risner moved to discuss this item on May 14th and forward any recommendations to the Planning Commission. Councilman Hunt seconded the motion. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried 4-23-90 with unanimous consent of the Council, Mayor ProTem Wilson declared a recess at 9:24 p.m., and reconvened,the meeting at 9:37 p.m. AGENDA AMENDED Risner moved, second by Wilson, to amend the consider Item "Uti out of order at this time. agenda to I AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried REOUEST - FINANCIAL SUPPORT - MISS SEAL BEACH PAGEANT Mr. William Bennett, President of the Seal Beach Chamber of Commerce, the sponsor of the Miss Seal Beach Pageant, stated that over recent years Miss Seal Beach has become a spokesperson for and representative of the City, and described the selection process. He noted this year's event, a kickoff for the 75th Anniversary Celebration, will take place on April 28th, and extended an invitation to the Council and the community to attend. Mr. Bennett requested that the city Council commit an annual allotment of $1000 to the pageant commencing this year, or consider the request on an annual basis, also that the city endorse the Miss Seal Beach Pageant and the official sponsorship by the Chamber, which he said he was certain has been done in the past. The City Manager reported approximately $3000 of uncommitted funds remain in the special events budget to cover this I request if the Council chose to lend support. In response to council, Mr. Bennett advised that the monies would most likely be seed money to promote the event for the following year as there is generally insufficient funds remaining for that purpose. Councilman Laszlo reported that the Chairman of the 75th Anniversary Committee was present and would be making a similar request. Mr. Bennett noted that the Chamber will also be providing some financial support to the 75th Anniversary Committee. Discussion followed. Risner moved, second by Laszlo, to allocate $1000 for the Miss Seal Beach Pageant, and to recognize the Seal Beach Chamber of Commerce as the official sponsor of the Pageant. In response to council, the City Manager stated he did not anticipate additional funding requests before the end of the fiscal year. Councilman Hunt concurred with concerns of Mr. Laszlo that the 75th Anniversary Committee may need a sizeable donation or loan to accomplish their goals, and asked that the Committee Chairperson present their requests. Ms. Dorothy Whyte, Chairperson, stated to date the official logo has been designed, a flier developed to solicit involvement of persons in the community, the Miss Seal Beach Pageant being the kickoff event in conjunction with the I sidewalk sale and car show and Rossmoor Center health fair, that a reception is being planned in conjunction with the City, Chamber and community organizations as a fund raiser, that a golf tournament, various open houses, and historical displays at city Hall have been discussed. She said tee shirts and buttons have been ordered with the understanding that there was a City fund for that purpose, that it is hoped these items will be available for the sidewalk sale, and she stated funds are needed so that pins, sweatshirts, and additional tee shirts can be ordered. Ms. Whyte said 4-23-90 I the intent is to not burden the City with any costs, therefore donations will be sought. She said she was unsure of the sweatshirt and pin costs. The City Manager stated he felt consideration of an appropriation for the 75th Committee is premature, and explained that the staff liaison to the Committee has been asked to submit a budget report to be considered by the 75th steering Committee and then placed on the Council agenda with a request for allocation to be considered during the upcoming budget discussions, the report to include an estimate of seed money and projected revenue. He said he has agreed to use some of the discretionary monies designated for special projects as a loan to accomplish some of the necessary initial work. Vote on the motion with regard to the Miss Seal Beach Pageant request: AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried PUBLIC HEARING - HOUSING ELEMENT Mayor ProTem reported the Planning Commission continued the Housing Element hearing until May 2nd, necessitating the continuation of the Council hearing. Risner moved, second by Hunt, to continue the Housing Element public hearing over until May 7th. I AYES: NOES: ABSTAIN: ABSENT: Hunt, Risner, Wilson None Laszlo Grgas Motion carried PUBLIC HEARING WATSON Risner moved, May 14th. AYES: NOES: ABSENT: - APPEAL - VARIANCE 8-89 - 101 MAIN STREET - second by Wilson, to hold this item over until Hunt, Laszlo, Risner, Wilson None Grgas Motion carried ORDINANCE NUMBER 1303 - HANDBILLS and SIGNS - PUBLIC PROPERTY/PUBLIC UTILITY PROPERTY Ordinance Number 1303 was presented to Council for second reading entitled tlAN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 19B OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO SIGNS.tI By unanimous consent, full reading of Ordinance Number 1303 was waived. Risner moved, second by Hunt, to adopt Ordinance Number 1303 as presented. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried I RESOLUTION NUMBER 3930 - GRANT FUND APPLICATION - ROBERTI/Z'BERG URBAN OPEN SPACE/RECREATION PROGRAM Resolution Number 3930 was presented to Council entitled tlA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI/Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM.tI By unanimous consent, full reading of Resolution Number 3930 was waived. Hunt moved, second by Risner, to adopt Resolution Number 3930. 4-23-90 AYES: NOES: ABSENT: Hunt, Laszlo, Risner, wilson None Grgas Motion carried RESOLUTION NUMBER 3931 - GRANT FUND APPLICATION - CALIFORNIA WILDLIFE. COASTAL. AND PARK LAND CONSERVATION ACT OF 1988 I' Resolution Number 3931 was presented to Council entitled tlA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988 FOR THE REFURBISHING OF THE NORTH SEAL BEACH COMMUNITY CENTER.tI By unanimous consent, full reading of Resolution Number 3931 was waived. Laszlo moved, second by Risner, to adopt Resolution Number 3931. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried RESOLUTION NUMBER 3932 - SUPPORTING POLICE CHIEFS' RACE Resolution Number 3932 was presented to Council entitled tlA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SUPPORTING THE POLICE CHIEFS' RACE FOR DRUG EDUCATION." By unanimous consent, full reading of Resolution Number 3932 was waived. The City Manager reported that on May 6th ten police chiefs will race identical pre-designed automobiles at willow Springs Raceway, the proceeds from which have been dedicated by the Raceway to the joint SANE and DARE drug education programs. I He noted the rumor that the Chief will be racing the Saleen Mustang is untrue. with regard to liability, he explained that since the Chief is a twenty-four a day employee, the city has a potential for liability regardless of his activities, however if it were clearly not a job related activity the city would argue against any claim, and in this case it is an activity to raise funds for drug education in Seal Beach and throughout Southern California. He noted that all of the chiefs and their alternates have gone through a two day training program and Willow Springs would not allow them on the course if the drivers were not felt to be qualified. He added that the cost to the City includes the time for training and the circulation and sale of tickets, and that he felt the potential for proceeds toward the drug education programs far exceeds the cost. Mr. Charles Antos, 210 - 8th Street, said his concerns were with liability, and although the city Manager's explanation was worthy, he stated he did not feel nonprofessionals should be racing race cars. Discussion continued. Hunt moved, second by Laszlo, to adopt Resolution Number 3932. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried I CONSENT CALENDAR - ITEMS tlLtI throuah tlRtI Councilmember Risner asked if Item "ptI applied only to the nursery school or the entire Zoeter site. The city Manager explained it is both the nursery school and co-op, and is a Fire Department requirement for all schools and pre-schools. He noted also that the tenants have been doing some improvements, such as windows, painting, etc. In response 4-23-90 I to Council, he reported a little more than $25,000 is realized annually in rental revenues, that the city expenditure is about $130,000 per year if the debt service on the lease is taken into consideration, however the City is making about $20,000 per year if the lease payment is not considered. The city Manager again pointed out that the intent of the day care was not to make a profit but to provide a service in the community, and that the cost to the city is basically what was anticipated. The City Clerk requested Item tlNtI be removed from the Consent Calendar. Risner moved, second by Wilson, to approve the recommended action for items on the Consent Calendar, except Item tlNtI, as presented. L. Approved regular demands numbered 78769 through 78924 in the amount of $405,305.03, and payroll demands numbered 39588 through 39763 in the amount of $203,984.97 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. M. Approved the minutes of the regular meeting of March 12, 1990. o. Bids were received until April 17, 1990 at 11:00 a.m. for Project Number 609, Repair of Truss, Mary Wilson Library, at which time they were publicly opened by the city Clerk as follows: I Duke Pacific, Inc. $19,803.00 Awarded the bid for Project Number 609 to Duke Pacific, Inc. in the amount of $19,803.00 and authorized the city Manager to execute the contract on behalf of the city. P. Bids were received until April 10, 1990 at 11:00 a.m. for Project Number 608, Installation of Doors at the Zoeter School Site, at which time they were publicly opened by the City Clerk as follows: Cox Construction $36,410.00 Q. Awarded the bid for Project Number 608 to Cox Construction company in the amount of $36,410.00, authorized the city Manager to execute the contract, and transferred $15,000 from the miscellaneous roof repair account and appropriated an additional $5,000 from General Fund Reserves for Project Number 608. Authorized the city Manager to be co-permittee on the application for the orange County National Pollutant Discharge Elimination Systems permit, to sign the application and permit on behalf of the city, and to execute the joint agreement for implementation of I 4-23-90 R. NPDES permit in a form to be approved by the city Attorney and substantially in compliance with the draft agreement. Took a position in opposition to Senate Bill 1853, legislation to require seventy-two hour notice of meetings and posted agendas for advisory committee and task force meetings. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion Carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "NtI - CITY COUNCIL MINUTES Risner moved, second by wilson, to approve the minutes of the special meeting of March 20, 1990. AYES: NOES: ABSTAIN: ABSENT: Hunt, Risner, wilson None Laszlo Grgas Motion Carried councilmember Risner inquired as to the date the Wherehouse will open. The Development Services Director stated the tenant is in the process of making tenant improvements, and offered to inquire as to the anticipated opening date. The City Manager reported the City is working with the Zoeter Partnership to hold an open house/formal dedication of the Zoeter Place in the near future. FORFEITURE PROCEDURE - 1987 MERCEDES-BENZ The city Manager presented the report from the Police Department, noting that a 1987 Mercedes-Benz automobile was seized in connection with a June 1989 drug enforcement effort in cooperation with the Federal Drug Enforcement Administration, and with the conviction of the individual the vehicle is available for forfeiture. He explained that in order for the City to acquire title and the proceeds from the sale of the Mercedes-Benz, it is necessary to pay the outstanding lien held by the Mercedes-Benz Credit corporation, file certain documents with the U. S. Federal Marshall who in turn will assist the City in the sale of the vehicle, that from the proceeds of the sale the City would then be reimbursed for the advance payment of the outstanding lien, as well as receive any monies in excess of the lien less a small amount due the U. S. Marshall for processing. The City Manager requested authorization to issue a warrant in the amount of $16,367.91, in accordance with federal procedures, for payment of the outstanding lien and to authorize sale of the vehicle. He said it is hoped that the vehicle can be sold through an automobile auctioneer where it is likely the selling price will be greater, and explained that under federal guidelines the proceeds from the sale are required to be placed in aD asset forfeiture account and used only for law enforcement purposes directly related to drug programs. Laszlo moved, second by Risner, to authorize the issuance of a check in the amount of $16,367.91 payable to Mercedes-Benz Credit Corporation to cover the existing lien on the 1987 vehicle, and that the sale of the vehicle be authorized. I I I 4-23-90 AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion Carried I CITY COUNCIL ITEMS Councilman Laszlo made reference to the AICUZ Study, a report prepared over a five year period and completed in December 1989, which delineates crash zones and accident potential zones one and two of the runway takeoff and approach areas of the Armed Forces Reserve Center, which he said places the proposed BiXby project in the accident potential zone one and if the report is accepted by the Airport Land Use commission (ALUC) it would make it difficult for anything Bixby were to build, inCluding housing. He noted that the Commission recently used this report as a guideline for a Cypress development, which resulted in cypress being required to revise their plans, and at the last Commission meeting there was a demand for a sixty day extension for further review prior to any decision to accept the report. Councilman Laszlo said he mentioned the report since there had been a housing concept presented during the last Bixby scoping session. In response to councilmember Risner, Councilman Laszlo stated that the study was contracted by the Department of Defense, using Department of Defense guidelines. councilmember Risner suggested that the city evaluate the report and make recommendations to the ALUC. Councilman Laszlo said Department of Defense officials have stated these are COD guidelines and that it was uncertain if it was necessary for cities to respond, however he said he felt the Commission will seek a response from the cities and hold public hearings before considering adoption of the report. In response to Councilman Hunt, he reported a number of Orange county officials are displeased with the report, that there will possibly be some compromise reached, yet he felt it may be difficult for this report to be adopted. He posed question that if the report is not adopted and the helicopters leave, will there be general aviation at the Los Alamitos Station, or if adopted will the Army be phased out. Councilman Laszlo stated concern with regard to the procedure for the public meetings relating to the Bixby property, that the process makes it difficult to accomplish anything and to have questions answered. He said he has not had adequate time to obtain input from his constituents regarding the Bixby property, that the structure of the meetings have not allowed adequate public input, and asked that the process be slowed down. Mayor ProTem Wilson noted that the next meeting is scheduled for the 28th, with subsequent meetings in May and June, that there has been input from all areas, and that the last newsletter reported a preferred alternative plan will be presented at the next meeting based upon public input to date. In response to Councilman Hunt, the Development services Director explained that the schedule of meetings was prepared by staff and approved by the city council, that the next meeting will allow the BiXby consultants to present their development scheme based upon public input so far, the May meeting is to allow the public to respond and make comments to that proposal, and the June meeting is to allow the environmental consultant to present the general impacts associated with the preferred alternative and allow the public to comment on that, and subsequently Bixby would be in a position to determine if they wanted to submit a development proposal to the city. Mr. Whittenberg said he felt that Bixby is I, I 4-23-90 serious about submitting a proposal to the City, otherwise they would not be proceeding with the current process. Councilman Laszlo noted that Bixby was present at the Airport Land Use Commission meeting where the AICUZ report was discussed, that there is a great deal of opposition to the report, and that Bixby will not be the major issue. Councilmember Risner requested that SB 2274, Bergeson, and SB 2011, Green, be placed on the next agenda with a recommendation to oppose, and explained that the proposed legislation would effect the Housing Elements of all cities in the state, would allow further state intrusion and mandates which remove local control and discretion without compensating resources, and in effect would overturn court decisions allowing cities to not approve a housing project on the grounds of not meeting local requirements and/or sufficient mitigating measures to offset EIR requirements. I ~- ORAL COMMUNICATIONS Mayor ProTem Wilson declared Oral Communications open. Mrs. Marilyn Hastings, 121 - 12th Street, asked if arrangements have been made to hold study sessions on the draft Housing Element, and stated she felt adequate time should be taken to consider all Elements of the General Plan at one time. The Development Services Director reported that the local newspaper will publish an article noticing a study session for April 30th in the Council Chambers at 7:00 p.m.. Mrs. Hastings said she had a number of concerns with the Housing Element, that action should not be taken hastily, and that she felt the issue relating to building permits was directed to significant development only. Mr. Rick Ramiriz, resident of Pomona and member of the Gabrielino Indian Band, said he was present to represent their Chairperson, Vera Rocha, and stated concern with regard to sacred sites that he alleged lie within City boundaries. He objected to using wetlands for development, stated in Southern California wetlands have been destroyed and the wildlife have vanished along with his ancestors past, stating his ancestors used the wetlands for their way of life. Mr. Ramiriz asked that the Council restore the wetlands. Ms. Anna Christensen, Secretary for the Native American Coalition, Long Beach, stated information packets had been provided to the Planning Commission as well as the Council with the hope that the City would adopt the guidelines regarding the Gabrielino sites within the city. She said the EIR does not adequately address the history of the site on the Hellman Ranch, stated the tribe was not consulted on the EIR, noting that under state law tribes are excluded from that process, which is the reason the guidelines are presented for consideration. Ms. Christensen said at least six burials have been found on the Hellman Ranch which constitutes a cemetery, however was not mentioned in the EIR, that at least three burials were removed in the 1950's as reported by Dr. Dixon, that a man has presented the Coalition with artifacts and human remains from the site, and that a history of Seal Beach mentions finding remains when the Channel was constructed. Mr. Ramiriz said the Gabrielinos probably inhabited the area from about 1700 to approximately one to four thousand years prior. Ms. Christensen again stated the Hellman property is a significant Indian site, and since the Mola development is now required to be reevaluated, the tribe wants some control over the process since the site belongs to the tribal people, and that the Indian people never gave up their sacred sites. Councilman Laszlo asked that a history of the Gabrielinos be provided. Mr. Galen Ambrose, said he I I 4-23-90 I understood there was an extensive archeological report done on the Hellman site in about 1980/81, and charged that Mola's application to the Coastal Commission stated there were no archeological resources on the property. Mr. Ambrose said that since Mola is now rescinded, the property should be looked at for wetlands. He spoke of the various Earth Day events and urged that the city recognize that Day locally next year. Mr. Ambrose stated the city should set limits on its population and questioned why one would want to build more homes. He continued to speak to the Hellman site, the potential for the entire site to be wetlands, said that when the Mola option expires he would get the funding for that property, and that the only reason there is 41.4 acres of wetlands proposed is that Mr. Walt Wright mapped the area and forced Mola to include the wetlands in the plan. Mr. Lee Risner objected to remarks of Mr. Ambrose directed to Councilmember Risner. Mr. Bruce stark, Seal Beach, made reference to the deletion of twenty-six homes from the Mola plan resulting in four acres of wetlands, and charged that the reason the density of the plan is allegedly low is because the houses are so cramped together. He also referred to Earth Day activities, and suggested that Seal Beach should prohibit plastic bottles and bags. Mr. Stark said that a recent L.A. Times article reported orange county is no longer the attractive place to live, and sympathized with the concerns of the Indian tribe. He referred to questions at the previous meeting with regard to the use of Quimby Act funds, said that a 1981 letter from the city's legal counsel advised that those funds could be used anywhere in the city, and the Council in 1982 encumbered Leisure World condominium project Quimby Act funds with the intent of returning those monies to the owner of record after a period of five years. Mr. Stark stated he felt the intent to rush the Housing Element approval is for the benefit of Hellman property developer. Members of the Council objected to Mr. stark's comments regarding Quimby Act funds, and explained the legal constraints on the use of those monies at that time. A comment was also made that a number of small developments impact the City to nearly the same degree as a large development, and suggested that Mr. Stark could be considered a small developer. Ms. Carla Watson, Crestview Avenue, reported approximately thirty families, including the Gum Grove Park Group, had met on sunday, Earth Day, and noted that there are many environmentally conscious people in Seal Beach. There being no further comments, Mayor ProTem Wilson declared Oral communications closed. I ADJOURNMENT With unanimous consent of the Council, Mayor ProTem Wilson adjourned the meeting until May 7, 1990 at 7:00 p.m. The meeting adjourned at 12: p.m. Clerk and ex-of of Seal Beach clerk of the I C C 4-23-90/5-7-90 Approved: ~~ ~_ w~ Mayor Pro Tem Attest: city I Seal Beach, California May 7, 1990 The City Council of the city of Seal Beach met in regular adjourned session at 7:00 p.m. with Mayor Grgas calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Grgas Councilmembers Hunt, Laszlo, Risner, Wilson Absent: None Also present: Mr. Nelson, City Manager Mr. Barrow, Assistant city Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, city Clerk I 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. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion Carried AGENDA AMENDED Risner moved, second by Hunt, to amend the agenda to consider Item tlCtI, covered roof access structures, out of order at this time. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion Carried COVERED ROOF ACCESS STRUCTURES The Director of Development Services noted the Council had adopted an urgency Ordinance at the last meeting prohibiting I the issuance of building permits for any additional covered roof access structures, and reported that further review of plans currently in plan check shows that there are presently ten projects that propose a roof deck, and although it has not yet been verified, it is assumed that those projects do propose a covered roof access structure. He explained that those ten projects were in the plan check process prior to adoption of the urgency Ordinance, that six are in the Old Town area, four are in Surfside, and that no others have