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HomeMy WebLinkAboutCC Min 1990-05-07 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 5-7-90 I been submitted to the city. Councilmember Risner indicated her desire to exempt the projects that were being processed prior to the time the moratorium was adopted, also suggested an exemption for Surfs ide based upon the allowable height of the buildings in that area of the city. Mr. Jerry Anderson, 1301 Sandpiper, indicated support for the exemption. The staff advised that the address and project submittal date would be made available for the record, that at least two of the projects are nearly ready for issuance of building permits, that there are several projects under construction that had building permits issued prior to the moratorium, and confirmed that there are no additional roof access structures in plan check for the Marina Hill area. In response to Mr. Anderson, the Assistant city Attorney explained that the council, at the April 23rd meeting, directed legal counsel to research two additional issues, the language as set forth in the Code regarding roof access stairwells and definition of mechanical equipment as it relates specifically to 1305 Sandpiper Drive, that a public hearing will be held prior to June 7th to consider extending the moratorium, and in the interim the staff will be taking the issue of 1305 Sandpiper under consideration as well as a possible amendment to the code relating to covered roof access structures. Reference was made to a letter from Mr. James Cook, 330 - 8th Street, questioning the procedures in adopting urgency Ordinance 1304. The Assistant city Attorney explained that neither the Government Code nor the city Charter require public notice or hearing for adoption of urgency ordinances, also that the Council and public officials have an immunity for liability under State law except in very limited circumstances, such as civil rights violations. Mr. Larry Lerno, 325 - 13th street, stated he has a remodel currently in the process which includes a covered roof access, however if the intent of the council is to establish the exemptions it would be unnecessary to present his case in further detail'. Discussion continued. The Assistant City Attorney explained that the urgency Ordinance could be amended by a four-fifths vote to exempt certain projects. I Risner moved, second by wilson, to exempt those projects that were presented to the city and were in the process prior to April 24th, 1990 at 12:01 a.m., as well as an exemption for surfside. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion Carried I (This action to amend urgency Ordinance Number 1304 took effect by Ordinance Number 1307 this date). CLOSED SESSION Hunt moved, second by Risner, to adjourn to Closed Session at this time. The city Attorney announced that the Council had requested to meet in Closed Session to receive a report with regard to pending litigation, Wetlands Restoration Society versus city of Seal Beach. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion Carried The Council adjourned to Closed Session at 7:36 p.m. and reconvened at 8:35 p.m. with the Mayor calling the meeting 5-7-90 to order. The Assistant City Attorney reported the Council had discussed the item previously announced. PUBLIC HEARING - HOUSING ELEMENT Wilson moved, second by Risner, to continue the public hearing to consider the Housing Element of the General Plan I until Thursday, May lOth. Councilman Laszlo stated he had a conflicting engagement on that date, therefore he could not support the motion. AYES: NOES: Grgas, Hunt, Risner, Wilson Laszlo Motion Carried PUBLIC HEARING - HELLMAN PROPERTY - MOLA DEVELOPMENT Grgas moved, second by Risner, to continue the public hearing to consider the amendment to the Hellman Specific Plan, General Plan Amendment 1.a-90, Land Use Element, General Plan Amendment 1.b-90, Open Space/Conservation/ Recreation Element, Tentative Parcel Map 86-349, Vesting Tentative Tract Map #13198, Precise Plan 1-90, and Development Agreement for the Hellman Ranch until Thursday, May lOth. considerable discussion followed with regard to the adoption procedures for the Housing Element and the proposed Mola development of the Hellman property, . specifically that the items could be considered on May lOth in the event the Planning Commission takes action on May 9th, that the second reading of the Specific Plan and Development Agreement Ordinances could be considered on Tuesday, May 15th, and should the present City Council take action to approve the Specific Plan and Development Agreement Ordinances, a member of the voting majority could I make a motion to reconsider the matter under the new Council. Members of the Council voiced their support for the possibility of the present and new council taking action on the Hellman property development issue. AYES: NOES: Grgas, Hunt, Risner, Wilson Laszlo Motion Carried CITY COUNCIL ITEMS Councilman Laszlo stated he had not received notice of a meeting in Cypress the following day regarding the AICUZ StUdy. Mayor Grgas said he had received notice of the meeting however will be unable to attend, and he assumed the other members of the Council had also received notice. Councilmember Wilson reported attending an Air Quality Management workshop, the emphasis on inter-city and county problems, job/housing balance, traffic and emission control through ride Sharing and adjustment of work schedules, and the growing interest in monorail and surface rail systems. Mayor Grgas made reference to comments to the Draft Housing Element prepared by the attorney for the Wetlands Restoration Society that were presented to the Planning Commission at their last meeting, which he said confirmed his feeling that the lawsuit was based on requiring the city I to provide its share of low and moderate income housing in the community and that the suit made no reference to wetlands. He quoted from various paragraphs of the comments which specifically related to affordable housing needs for the Hellman Ranch property, proposed consideration of revised densities of between twenty-five to forty dwelling units per acre, the lack of new apartment construction in recent past, height limits, and with regard to the lack of affordable housing on the Hellman property, that an 5-7-90 I affordable housing program must be assessed as a governmental constraint in order to eliminate the source of that constraint if appropriate and legally possible. Mayor Grgas recalled that the community has fought against permitting higher density in the coastal zone and supported lower densities on the Hellman property, and expressed his objection to the claim that the Wetlands lawsuit was brought for the purpose of wetlands issues however is directed to low and moderate income housing on the Hellman property, downtown and the Hill at the densities being suggested. Councilman Hunt questioned the intent of a statement that read "...furthermore the five acre requirement is the maximum allowable under state law and is only permissible where the City already has more than three acres of park per one thousand population...", and if the intent was that the City'S parkland requirement is too high and that affordable housing should be accepted in lieu of parks, and if so, he stated that is not the attitude of the community. ORAL COMMUNICATIONS Mayor Grgas declared Oral Communications open. Ms. Beverly Casares, 1045 Marvista Avenue, was duly sworn by the Clerk as requested. She said her intent was to call for Council ethics, made reference to the past consideration of the pier restaurant lease, the Mola development project, and the Housing Element, and asked that Mayor Grgas not vote on the Housing Element or Mola development, charging that a representative of Mola Development, Mr. Roberts, had told her that he aided in Mr. Grgas acquiring his present employment, which she said is a conflict of interest. Mr. Grgas responded that the remark was untrue. I I A recess was called at 9:05 p.m. The Council reconvened at 9:24 p.m. with Mayor Grgas calling the meeting to order. Mr. Grgas again stated that the previous accusation was categorically incorrect. Ms. Casares referred to the Wetlands Restoration discussion as a coverup for inadequate public input to the Housing Element, and said she would provide the City with a copy of the state review of that document. Ms. Casares asked that the City Attorney provide the Council with an official ruling on the charge of Mr. Grgas' conflict of interest, and stated she intended to forward her comments to the Grand Jury. Discussion continued. Mr. Bruce Stark, Seal Beach, said that the attorney for the Wetlands Society had merely set forth the requirements of State law in his comments to the Draft Housing Element, questioned how a low cost housing program would apply to a city such as Seal Beach, and that he felt the Planning Commission was being dealt a disservice by assuming they will vote for the Housing Element. He commented regarding past actions with regard to the pier restaurant, and charged that members of the council were acting on behalf of certain Council candidates. Mr. Stark stated that the roof mounted access structures are being used as family rooms and game rooms, that the thirty-five foot height limited has been violated a number of times, and that he felt it incorrect to think the observatory can be required to be removed from the Hill residence. He said that the EIR for the Mola development states that Bolsa is to be widened to eighty feet, and charged that the City is the owner of record of the easement along Bolsa rather than the Edison Company. Mr. Stark charged that the City Attorney represents the Council and not the citizens, suggested that the City Charter be changed to call for an 5-7-90 elected city Attorney which he said would save money and reduce the number of attorneys. He also referred to the repavinq of Ocean Avenue, which he said has not been done as promised. Members of the Council responded to certain remarks of the speaker. Mr. Galen Ambrose said the Wetlands group started about three years ago to work towards wetlands I restoration on the Hellman land, which the majority of people preferred over the development proposals, that people donated money towards the filing of a lawsuit and that the Society pondered for some time before it was filed. He said the intent of the lawsuit was to uphold the laws and protect the land, that the Hellman property is unsafe and the Society's goal is to have wetlands restoration on that site. Mr. Ambrose charged that members of the Council were supporting the election of his opponent. Members of the Council spoke to Mr. Ambrose's statements, made reference to the monies collected to support filing of the lawsuit, the use of those monies, and a potential that the City would be required to pay the associated costs of the Wetlands attorney with regard to the lawsuit. It was also noted that the Wetlands attorney is filing similar lawsuits against Long Beach and Huntington Beach on the Housing Element issue. Mr. Lee Risner stated his objection to statements of Mr. Stark and Mr. Ambrose alleging that Councilmember Risner had read from campaign materials of another candidate. He said the statements were untrue and that Mrs. Risner had personally prepared the statement she read. Ms. Mechelle Almos, lOth Street, conveyed her observation that the efforts of certain members of the Council have made this community a better place, and said she felt the statements made by members of the audience were untrue. Mr. Jim Funk, I 215-1/2 - lOth Street, spoke favorably of the efforts of the council, stated that Mr. Grgas is well respected in his profession and he felt certain no one assisted in Mr. Grgas obtaininq his present employment. He noted his own background in working for a number of cities and acting in the capacity as a consultant. Mr. Funk was apologetic for the comments from members of the public, and suggested that their statements be made in a more genteel manner, which may accomplish their intent while avoiding conflicts. Mr. Larry Peters, 211 Ocean Avenue, stated that Bolsa Avenue is shown as eighty feet wide in the EIR circulation map, that the original tract map for the Hill shows a sixty-six foot wide easement, thirty-six on the homeowners property, thirty feet of street, and said the owner of record is the city. At the request of Council, the Development Services Director stated the reference was made to a figure in both the 1987 and 1989 EIR's, a reproduction of a County Master Plan of Highways which includes the area of Seal Beach, where that Plan indicates that Bolsa Avenue is proposed to be developed by the County under that Plan at an eiqhty foot right-of-way, that the environmental documents for the project do not indicate that any future widenings over and above what currently exists is proposed as part of the approvals of the Mola project, in other words there is no condition of I approval for the Mola project that requires widening in accordance with the County Master Plan of Highways, and that the County Plan is not binding on the City. The Mayor said he believed it is a matter of public record that the Edison Company stated the property would revert back to the property owners. Councilmember Risner noted that Mola would be required to relocate the electrical facilities, and with the reduction of the number of homes, traffic would be removed from Bolsa with the addition of the new street from 5-7-90 I Seal Beach Boulevard. Dr. Tony Dahlman, Crestview Avenue, said he felt there should be a clarification of a misimpression, that comments by a previous speaker sounded as if he had favored one hundred acres of wetlands from the start, however under the seven hundred seventy-three plan there were no wetlands, subsequently it was twenty acres, then the Wetlands Society said they wanted thirty acres, after a considerable time there is forty acres, and questioned how the speaker can now say they want a full one hundred acres of wetlands. Mr. Ambrose responded that the Wetlands society has always wanted one hundred acres of restored wetlands, that their consultant said there was thirty-five acres of existing wetlands, and if the City wanted development he stated he had said the City could put homes, industrial, or a commercial area on the higher level of the property. Mr. Paul Cowen, Driftwood Avenue, said he had the misfortune of viewing the meeting at his home, and noted that the staff and all members of the Council, either at this meeting or in recent past, have been attacked. He made reference to the Council election the fOllowing day and said he has now determined to vote for no one. Mr. Cowen referred to some persons as perceiving they are on a noble mission and are using any means to accomplish their goal, however said the Council is charged with doing whatever is necessary to protect the City even if it is considered unfashionable. He said even though he would prefer that Mola leave the City that is not going to happen, or if they do there will be another lawsuit, and even though the current lawsuit has no mention of wetlands, it has now forced the city to develop a plan that will require low cost housing whether it is wanted or not. Mr. Cowen also noted the speaker that requested to be sworn and made statements based upon something that someone told her, which he said is hearsay and unfair. Mr. Cowen concluded that this is a wonderful community, the citizens are becoming apathetic, there is an election tomorrow, that everyone wants the same thing, thus there should be compromise to see where the community may go. Ms. Jody Weir, Beachcomber Drive, spoke in support of the efforts of Councilmember Risner, her responsiveness and dedication, especially is issues of controversy. She voiced her disappointment with the negativism of the meeting, and stated she felt the present Mola plan is a good one. Ms. Vera Rocha said she was the chairperson for the Gabrielino Indian Band, asked that the proposed development be stopped, said that there is presently digging on a burial ground, and their lives and culture depend on these sites. She said they wanted to work with the City, developer and archaeologists, that procedures have been developed, yet to date there is no plan to have Indian observers present during archeological exploration on the Hellman property. I I It was the order of the Chair, with consent of the Council, to declare a recess at 10:53 p.m. The Council reconvened at 11:04 p.m. with Mayor Grgas calling the meeting to order. Ms. Anna Christensen, 259 Termino, Long Beach, stated her position to be secretary to the Native American Coalition of Southern California, and read an article regarding early history of the Los Angeles/Long Beach Harbor areas and archeological sites, authored by Gary Stickle, an archeologist. She said the Native American point of view is that this is a living culture with something to protect. Ms. Christensen said it is understood that the Coastal 5-7-90/5-10-90 Commission has a law whereby if one digs more than two hundred meters of earth there is a special archeological permit required, that Indian people are allowed public input to that permit, and that there is also concern that the developer is proceeding with archeology before the Army Corps of Engineers permit is obtained for wetlands restoration. She asked that all work be concluded until the 1- Indian concerns are addressed, stating that the Indian people came to the Council to have some impact on this and future development, and that it is known that there are human remains on the site. Ms. Carla Watson, 1635 Catalina Avenue, said no matter the differences, a common ground should be found so that future issues can be dealt with. She voiced appreciation for the efforts of Mrs. Risner and Mr. Grgas. Ms. Watson urged that all citizens vote in the upcoming election. There being no further comments, Mayor Grgas declared Oral Communications closed. ADJOURNMENT By unanimous consent of the Council, the meeting was adjourned until May lOth at 7:00 p.m. The meeting adjourned at 11:14 p.m. clerk of the ~ty Approved: -ffi!1 I- ..ff:fr. ( I -.... I I .~, j) \ 1/ . / / '- ~/t6w'L/ I) #,0 " . City ~e // (/ I Attest: Seal Beach, California May 10, 1990 The City Council of the City of Seal Beach met in regular adjourned session at 7:02 p.m. with Mayor Grgas calling the meeting to order with the Salute to the Flag. ROLL C)lT.T, Present: Mayor Grgas Councilmembers Hunt, Laszlo, Risner, Wilson I Absent: None Also present: Mr. Nelson, City Manager Mr. stepanicich, city Attorney Mr. Whittenberg, Director of Development Services Mr. curtis, Administrative Aide/Planning Mrs. Yeo, City Clerk