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HomeMy WebLinkAboutCC Min 1990-12-10 12-5-90/12-10-90 City Attorney clarified that the action of the Council is merely accepting the report from the Board, that the Council is neither endorsing or ratifying their recommendation. He received clarification of the motion that specific direction will be given to the civil Service Board regarding the Ms. Lindberg matter. Councilmember Forsythe said it was the intent of her motion to include a vindication of Bill and I Michelle stearns, that no wrongdoing was found. Councilmember Hastings stated she would support removing the reclassification procedure from the Code, and requested a report from staff be placed on a future agenda. Councilman Hunt suggested that the motion on the floor be amended to read "the stearns' matter has been reviewed and analyzed by the City Council and the Civil Service Board and is concluded to be in compliance with all applicable standards." There was a consensus of the Council to accept that wording. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried CLOSED SESSION No Closed Session was held. ADJOURNMENT Laszlo moved, second by Forsythe, to adjourn the meeting at 6:45 p.m. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried I clerk of the Approved: ~ 'i:. ~~ Mayor Attest: Seal Beach, California December 10, 1990 The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor ProTem Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: I Mayor ProTem Laszlo Councilmembers Forsythe, Hastings, Hunt Absent: Mayor Wilson Hunt moved, second by Forsythe, to excuse the absence of Mayor Wilson from this meeting. 12-10-90 AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I Also present: Mr. Archibold, Acting city Manager Mr. Barrow, Assistant City Attorney Mr. Whittenberg, Director of Development Services Mr. Jue, Director of Public Works/ City Engineer Mr. Osteen, Recreation Director Mrs. Yeo, City Clerk WAIVER OF FULL READING Hastings 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: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried AGENDA AMENDED Laszlo moved, second by Forsythe, to amend the agenda to consider Item "Q", replacement of Heather Park playground equipment, at this time. I AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I HEATHER PARK - REPLACEMENT OF PLAYGROUND EOUIPMENT Mr. Osteen, Director of Recreation, reported at the October 24, 1990 Recreation and Parks Commission meeting a citizens committee was formed, comprised of College Park East parents, to assist the Department in the selection of replacement playground equipment for Heather Park, and after considerable study and research, the committee reported their findings to the Commission in November. Mr. Osteen noted as a result of continuing negotiations a final bid for the equipment was received on December 7th in the amount of $18,900, considerably less than the original bid of $21,186.19, the equipment funded by $8,000 from the Recreation Department budget and $10,900 from the remaining balance of the Zoeter Field fund. The Director requested that the Council waive the formal bid process as provided by section 2-25(c) of the Municipal Code to allow purchase from the manufacturer of the playground equipment which, based upon the findings of the committee, is felt to have safety features that are specific to the younger child. He praised the efforts of the committee, and noted they had also negotiated a $1500 donation of sand. Mr. Osteen reported the existing wooden equipment is approximately nine years old, is deteriorating and may pose a safety problem, the equipment proposed to be purchased is of steel and aluminum construction and powder coated. He said installation would be done by City personnel. Laszlo moved, second by Forsythe, to waive the formal bidding procedure and authorize purchase of the replacement playground equipment for Heather Park, to be funded from the sources stated. 12-10-90 AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried PRESENTATION - SEAL BEACH CHAMBER OF COMMERCE/SEAL BEACH BUSINESS ASSOCIATION Mr. Dennis pollman stated his representation as president of I the Chamber, a resident and local businessman. He reported the Chamber is active and growing, however suggested it is time for the Chamber, Business Association and city to work together to improve the business community through increased revenue and sales tax for the benefit of the city, businesses, customers, and residents. Mr. Leonard wilson, Marketing Director of the Rossmoor Center and Vice-president of the Chamber, made reference to a report recently received from the City of Los Alamitos Business Advisory Committee with regards to maintaining and upgrading the city's financial climate, also information attached as to retail sales in six surrounding communities during the past five years Showing sales increased 12.53 percent, inflation of 24 percent, with a dollar decline of 11.5 percent, which is a concern. He noted a Los Angeles Times report regarding retail shopping centers through a five county area, the growth of the major centers somewhat above inflation and where areas have been below the inflation rate major development has been placed in recent years. Mr. Wilson provided copies to the City Council. councilmember Forsythe recalled that the Retail Sales committee had made a number of suggestions to improve retail sales yet the City did not have funds to implement the improvements the Committee was seeking. She offered that it may be possible for the various community organizations to agree on a specific I project goal, such as lighting, signage, an archway, etc., and raise funds for that improvement over a certain time period, maybe on a competitive basis between organizations as has been done in other communities. Councilmember Hastings suggested that the interested parties meet and define the goals that are desired and the manner in which the City could assist. Mr. Pollman advised that there have been meetings, goals have been developed as well as revenue suggestions, yet the city's support is needed for implementation, and requested that a meeting be scheduled for the purpose of discussion. Mr. John Baker, President of the Business Association, businessman and resident, spoke specifically of the need for signage, that an archway sign at Main Street/Pacific Coast Highway has been discussed for a number of years, that plans for an arch from another community have been submitted to the Planning Department for review, and noted the Association would like to use an archway as a major project for fund raising. He too requested a workshop session be scheduled to further discuss goals, a funding program, possible use of some transient occupancy funds for City promotion, and that the City and business community move forward in cooperation. Councilman Hunt said if the City called a workshop and decided to dedicate some of the transient occupancy funds for I promotional purposes, he asked if the business community would agree to come back with specific ideas that could be acted upon to improve the business climate. Mr. Pollman agreed, and noted there are approximately forty suggestions that could be revenue producing at no cost to the city. It was suggested that a workshop meeting be scheduled sometime in the near future. AGENDA AMENDED Mayor ProTem Laszlo requested that the agenda be amended to consider Item "AA", City Manager recruitment, out of order 12-10-90 I at this time. Councilmember Hastings seconded the motion. Councilman Hunt expressed his preference that the regular agenda format be followed. Councilmember Forsythe said she felt that the request of Mayor Wilson to continue Item "AA" to a future meeting should be respected, and noted that the advertisement for the city Manager position has been submitted to Western city magazine for publication in January. Vote on the motion to consider item "AA" at this time. AYES: NOES: ABSENT: Forsythe, Hastings, Laszlo Hunt Wilson Motion carried Councilmember Forsythe moved to delay consideration of this item until the full Council is present. Councilman Hunt seconded the motion. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt Laszlo Wilson Motion carried Mayor ProTem Laszlo suggested the City Manager recruitment be considered at an adjourned meeting on the following Monday morning. Dr. Barber, California State University, Long Beach, stated the executive search proposal has been modified as previously requested by Council, and that he would be willing to be present at a future meeting if the City Clerk would notify him of the date. I PUBLIC HEARING - APPEAL - DENIAL OF VARIANCE 5-90 - 1733 CRESTVIEW AVENUE - RALSTON Councilmember Hastings asked that this item be held over to allow additional time to review the presentation provided by Mr. Ralston and the staff responses thereto. Councilmember Forsythe asked if staff had looked into possible inequities for those properties having the steep slope in their backyards, where the Ralston document alluded that others have done what he is doing, and questioned how an action of the Council would affect those other properties. The Director of Development Services stated the staff report to the Planning Commission and minutes of their meeting discuss that issue somewhat, and suggested that if it were the desire of the council, the public hearing could be opened, testimony received, and the decision continued until the meeting. Discussion followed. I Mayor ProTem Laszlo declared the public hearing open to consider the appeal of the Planning Commission denial of Variance 5-90, a variance from the rear and side yard setback requirements of the Residential Low Density Zone, District V. The City Clerk certified that notice of the public hearing had been advertised and mailed as required by law, and reported no communications received either for or against this item. The Development Services Director presented the staff report, the request for a non-permitted patio deck to encroach into the rear yard setback by nine feet, leaving only one foot of the ten foot required setback. He noted in December 1989 the city issued a stop work notice for the patio deck when it became apparent it was being constructed without proper building permits, between that time and October, 1990 there were a number of letters and discussions between city staff and the applicant in an attempt to bring the patio deck into compliance with Code. The Director reported Mr. Ralston decided to make application for a variance, the Planning commission 12-10-90 considered the matter taking into consideration the steep slope at the rear of the property overlooking the Hellman land, the topography, alternatives that could have been undertaken such as retaining walls so that it would not be necessary for the deck to come within one foot of the property line, and in conclusion the Commission determined to deny the variance request. He noted that the council had I been provided with the communication from Mr. Ralston and the staff responses thereto. The Director reviewed the options available to the council, to sustain the recommendation of the Planning Commission, sustain the appeal of Mr. Ralston, or if new, additional information is presented, the matter could be referred back to the commission. Councilmember Forsythe suggested that since the planning commission did not have the information before them that has now been provided by the applicant nor the responses to that from the staff, she would favor referring the matter back to the commission for further review. The Director confirmed that information relating to adjoining properties had not been presented to the Commission. councilman Hunt inquired if there are in fact similar violations on other properties, and whether the presence of that information justify findings on the part of the commission or the Council. The Assistant city Attorney explained that to grant a variance there must be some special circumstances which deprives the owner of uses enjoyed by other persons in the vicinity, and said upon review of the subject documents he was not certain that there are special circumstances in this case, and even though there may be similar structures or encroachments on other properties, there remains the need to find that there I is a special circumstance relating to this particular property to grant the variance, yet it would be relevant if there are other properties suffering from the same topography and using their property in the same manner as the applicant is proposing, and those structures were constructed with permit. In response to Council, the Director clarified that there was no application for permit prior to construction of the patio deck, that it is understood to be a replacement deck, however extended into the rear yard setback. Mr. Ralston said the extension was approximately four to five feet. The Assistant City Attorney stated at this point, given the minimal time for review of the subject documents, he could not conclude this to be new information although it is purported to be, additionally there may be question as to whether this evidence is significant or relevant. He suggested that since the structure has been built, a delay would not effect the property, nor would it adversely effect the City unless there were a desire to have the structure immediately removed, therefore there would not be an objection to delay an action or to refer the matter back to the Planning Commission, however offered that the commission may feel they have previously had the information, and still determine there is no special circumstances. councilmember Hastings moved to refer this matter back to 1- the Planning Commission to determine if there is new information that has not been previously considered. In response to Council, the Director explained that an unusual circumstance is ,generally a case where there is no possible means of meeting the requirements of the Code, and noted the Commission did not feel this property had an unusual circumstance given the same conditions of other properties in the area. In response to Council, Mr. Ralston said he was not certain that his communication constituted new information, that other structures in the area have existed 12-10-90 I for some time, approximately eleven decks, that he did not know whether or not they were legally permitted, and about half of fifty homes have a topography problem as a result of the slope. Discussion followed. Councilmember Forsythe requested that the motion be amended to request that the staff provide the Planning Commission with information relative to whether this is setting a precedent for future considerations, and what effect a decision on this matter will have on other violations in the general area, and seconded the motion as amended. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried The Assistant City Attorney recommended that the public hearing be closed, and should the decisio~ of the Planning Commission be appealed, a hearing would then be renoticed. Mayor ProTem Laszlo declared the public hearing to be closed. AGENDA AMENDED Laszlo moved, second by Hastings, amend the agenda to consider Item "X", the draft hazardous waste facility permits for the Naval Weapons station, Item "BB", proposed ballot measures, Item "EE", Armed Forces Reserve Center Park, and Item "R", Northwood Homes versus Maraga, as the next items of business. I AYES: NOES: ABSENT: Forsythe, Hastings, Laszlo Hunt Wilson Motion carried I ITEM "X" - NAVAL WEAPONS STATION - DRAFT HAZARDOUS WASTE FACILITY PERMITS The Director of Development Services presented a staff report relating to review of the Draft Negative Declaration proposed by the State Department of Health Services regarding permit issuance for an existing hazardous waste facility on the Naval Weapons Station. He noted the Negative Declaration and permits are available for review at the Health Services Department in Long Beach, that a public hearing on this matter is scheduled for December 12th in the Seal Beach Council Chambers, the item presented to the Council for review and any comments that may be desired to be forwarded regarding the Draft Negative Declaration, the Environmental Quality Control Board to also review and comment on this matter at their meeting of December 18th. The Director explained the permits are for the continuation of two existing hazardous waste facilities at the Naval Weapons station, one facility having seven interior and two exterior storage bays at which materials are mostly stored in fifty-five gallon drums, the second facility consisting of two tanks in a containment vault each with a capacity of nine thousand one hundred gallons and used primarily to store paint-stripping and metal cleaning types of chemicals, and that a sixty-five thousand gallon secondary containment unit is located directly below the tanks to collect any spill or leak that may occur from those tanks. He reported the anticipated date of closure of the container storage and tank storage units is 2010, and the period of the permit is five years. The Director pointed out the draft response letter sets forth three concerns to the draft negative declaration that are felt should be forwarded, the capacity of the individual storage bays, that the entire Weapons Station should be mapped to show all solid waste management 12-10-90 units and areas of concern, and that a past history be prepared regarding transporting, handling, and storage of permitted hazardous wastes. In response to Council, the Director said there appears to be no record in the city of past environmental review for hazardous waste permits, however as federal property they would need to abide by the National Environmental Protection Act, therefore it can only be assumed that there was an environmental review when the permits were initially issued in 1981. He noted the negative declaration is a state requirement to insure nothing has occurred that would be a detriment to the community based upon a change of conditions over time. Councilmember Hastings read an article published in the Long Beach Press Telegram relating to hazardous waste storage facilities at the station and alleged violations of state and Federal laws. She expressed her opinion that hazardous wastes should not be stored at the Seal Beach Station, and suggested such storage at the sparsely populated Fallbrook facility. councilman Hunt pointed out that there are gas stations, paint shops, etc. in the community that also use and store a variety of toxic chemicals, stated he was impressed with the low gallonage that is stored at the Station given the size of the Base, also that the regulations and procedures that are in place are more than adequate to protect the public interest and concerns, and noted the maximum length of time such materials are stored on the Base is one hundred twenty days. Councilmember Forsythe expressed her view that hazardous waste storage is inconsistent at any time in a residential, environmentally sensitive area, and inquired as to what stand the City could take. The Assistant city Attorney offered that although Seal Beach is not the lead agency for the environmental review, the City could submit its concerns at the time of the public hearing, and possibly indicate preference for an environmental impact report as opposed to the negative declaration. Discussion continued. Mayor ProTem Laszlo moved to direct that a resolution be prepared expressing the concerns mentioned, to be presented at the public hearing and to other appropriate agencies. Councilmember Hastings seconded the motion, amended to include a request for an environmental impact report. AYES: NOES: ABSENT: Forsythe, Hastings, Laszlo Hunt Wilson Motion carried I I It was the order of the Chair, with consent of the council, to declare a recess at 8:41 p.m. The Council reconvened at 8:51 p.m. with Mayor Wilson calling the meeting to order. The Director of Development Services proposed modification to the wording of response letter to the Department of Health Services to reflect the concerns of th~ Council, and that a resolution be prepared for consideration at the December 17th adjourned meeting which can then be forwarded I prior to the December 23rd close of the comment period to the Draft Negative Declaration. He suggested the first paragraph be amended to read "The city of Seal Beach has reviewed the proposed Negative Declaration and supporting documents for the Hazardous Waste Facility Permit Application. The City is opposed to the proposed Negative Declaration. The city of Seal Beach believes that a more thorough environmental review is appropriate, such as a complete Environmental Impact Report, or if Federal law is controlling, a complete Environmental Impact Statement", followed by the three areas of concern proposed by staff, 12-10-90 and the Council concerns with regard to closeness to existing residential areas, schools, potential of geologic hazards, general physical and social constraints, and consideration of relocating the existing storage to the Fallbrook facility. I Hastings moved, second by Forsythe, that the revised letter be prepared for submittal at the upcoming public hearing, and that a resolution be prepared for the next Council meeting. Councilman Hunt stated his agreement with the first three concerns, however did not agree with the additional concerns expressed by members of the Council. AYES: NOES: ABSENT: Forsythe, Hastings, Laszlo Hunt Wilson Motion carried AGENDA AMENDED Forsythe moved, second by Laszlo, to consider Item "F", Housing/community Development Block Grant Program, out of order at this time. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I ITEM "F" - PUBLIC HEARING - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - YEAR 17 The Director of Development Services reported the projects recommended for funding under the year seventeen H/CD Program by the citizens Participation Committee were: 1) financial assistance for day care facilities; 2) public service announcements; 3) reconstruction of Ocean Avenue alley; 4) implementation of Seal Beach Boulevard Improvement Program; and 5) purchase of concrete grinder. He also reported that subsequent to the recommendations of the Committee a communication was received from Interval House requesting $70,000 under the Program to continue to provide their current level of service. Mayor ProTem Laszlo declared the public hearing open to consider the Housing/Community Development Block Grant Program for year seventeen. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported only the receipt of the communication from Interval House. Ms. Isa Rogers, co-founder of Interval House, Ms. Harlene Goodrich, three year member of the Board of Directors, Ms. Carol Williams, Executive Director, and former residents Ms. Roberta Jaruszewski and Ms. Tess Dunkle, each spoke on behalf of the valuable services provided by Interval House, and for the request for funding. There being no other comments, Mayor ProTem Laszlo declared the public hearing closed. I . RESOLUTION NUMBER 3998 - APPROVING PARTICIPATION - HOUSING/ COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - YEAR 17 Resolution Number 3998 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE (YEAR XVII)." By unanimous consent, full reading of Resolution Number 3998 was waived. Discussion followed with regard to donation of tapes for the public service announcements by the Cable Foundation, the possibility of obtaining the use of a grinder through an equipment sharing arrangement, and each member of the Council expressed their preferences as to the project priorities. Hastings moved, 12-10-90 second by Forsythe, to adopt Resolution Number 3998 as amended to reflect the following projects in order of preference: 1) Financial Assistance for Day Care Facilities, $10,000; 2) Financial Assistance for Interval House, $70,000; 3) Public Facilities and Improvements, Reconstruction of Ocean Avenue alley between Dolphin Avenue and Electric Avenue, $60,000; 4) Public Facilities and I Improvements, purchase of a concrete grinder, $50,000; 5) Public Facilities and Improvements, Seal Beach Boulevard Improvement Program, $50,000; and 6) Public Service Announcements, $10,000. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried ITEM "BB" - PROPOSED BALLOT MEASURES Mayor ProTem Laszlo moved to direct the City Attorney to provide an opinion as to the legality and possible wording of the Hellman Specific Plan committee measure, the open space measure, specific plan measure, specific plan and planned unit development measure, open space, parks and golf course measure, residential zoning measure, large parcel development measure, and height limit measure. He noted the suggested campaign financing measure would need to be dealt with in another manner. Councilmember Forsythe seconded the motion. The Assistant City Attorney noted a direction at the last meeting to analyze each of the proposals and provide a report to Council. Brief discussion followed. AYES: NOES: ABSENT: Forsythe, Hastings, Laszlo Hunt Wilson Motion carried I ITEM "EE" - ARMED FORCES RESERVE CENTER PARK Mayor ProTem Laszlo reported the Navy is planning construction of housing units on the north side of the Los Alamitos Armed Forces Reserve Center which will eliminate the existing Little League baseball field, at the same time there is consideration of declaring the Armed Forces Reserve Center Park, located in the vicinity of College Park East yet in the City of Los Alamitos, as surplus. He said Los Alamitos is contemplating taking over the Reserve Center Park, using it for Little League activities, that Los Alamitos would incur the cost of maintenance yet the Park would also be available for use by Seal Beach residents. Mayor ProTem Laszlo reported receiving a call from a member of the Los Alamitos Council seeking the support of Seal Beach for the concept of returning the Park to Los Alamitos, and in response to that request he asked that the Council express endorsement of the concept either by letter or through contact with the Los Alamitos City Manager. The Acting City Manager reported the Los Alamitos City Council will be considering this matter at their upcoming meeting, that to date they have not endorsed the proposal. Councilman Hunt noted that the City is presently incurring a I lease payment for the use of the Reserve Center park, and if it were possible to realize the benefit of the Park free of cost, it would seem reasonable to support the concept. Laszlo moved, second by Hastings, to support the concept of the city of Los Alamitos acquiring the Armed Forces Reserve Center Park. Councilman Laszlo said he believed the City of Los Alamitos is attempting to acquire the Park on an exchange basis with the Navy. 12-10-90 AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I ITEM "R" - NORTHWOOD HOMES vs. MORAGA Ms. Beverly Casares, Seal Beach, made reference to an article from a monthly real estate journal relating to a 1989 court decision, case 216CA 3dl197, Northwood Homes versus the City of Moraga, from which she quoted that 'a developer owned unimproved land adjacent to a fully developed residential area and had received tentative approvals from the City to develop his property, subsequently an ordinance was passed rezoning all of the developers land as open space, considerably restricting his development, the developer claimed the ordinance discriminated against his project, that since his project had been approved by the Planning commission he had the right to continue his plan, the City claimed that land use must be regulated to prevent environmental damage from the project, the appeals court ruled that the ordinance did not discriminate against the developers project, was enforceable as it was designed to restrict all further development of the area, not just the project.' with regard to an economic viable use of the Hellman land, Ms. Casares claimed the City Attorney had issued opposing opinions. Mayor ProTem Laszlo said it was he who had requested the clarification from the city Attorney. Ms. Casares charged that Mola is a moral issue of personal and community values, established by the choice of alternatives. She stated that the Mola initiative violates all of the values of the community, removes all citizen land use voting rights, removes the obligation to insure that the development contract is written in such a way to safeguard the city, removes financial accountability, that the unchangeable initiative will become the written contract, that it removes the City's ability to insure that the developer carries out what he purports to do, claimed the petition carriers are stating the initiative will keep the property as it is and that Mola will drop the legal action against the city. She asked that the District Three vote against the Mola development be considered first, if the Leisure World vote will dictate what is best for District Three, and to whose financial advantage is the Mola initiative. The Assistant city Attorney responded that their firm is quite aware of the referenced court decision, and that the memorandums relating to economic viable use were entirely consistent. I I PUBLIC HEARING - EXTENDING INTERIM ORDINANCE NUMBER 1318 - APPEALS Mayor ProTem Laszlo declared the public hearing open to consider extending interim Ordinance Number 1318 relating to appeals to the City Council. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received either for or against this matter. The Development Services Director presented the staff report, stated the public hearing is being held in accordance with State law for the extension of urgency Ordinance 1318 adopted on November 13, 1990, with regard to appeals to the city council from certain decisions of the Planning Commission and the Director of Development Services where there is presently no appeal process in the Code. He explained the proposed Ordinance would extend the moratorium until such time as amendments to the Zoning Ordinance are considered and adopted by the Planning commission and city Council, and if not adopted the existing moratorium will expire December 27th. The Director pointed out the proposed Ordinance would extend the moratorium until 12-10-90 october 29, 1991, the maximum period of time under state law. He explained at the present time the major area that has no appeal process is minor plan reviews, and certain decisions in the area of Code enforcement, that are not appealable. There being no comments from the audience, Mayor ProTem Laszlo declared the public hearing closed. ORDINANCE NUMBER 1320 - EXTENSION OF INTERIM ORDINANCE 1318 -APPEALS TO THE CITY COUNCIL - URGENCY Ordinance Number 1320 was presented to Council entitled "AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH EXTENDING INTERIM ORDINANCE NUMBER 1318, PROVIDING FOR APPEALS TO THE CITY COUNCIL FROM CERTAIN DECISIONS OF THE PLANNING COMMISSION AND THE DIRECTOR OF DEVELOPMENT SERVICES AND DECLARING THE URGENCY THEREOF." By unanimous consent, full reading of Ordinance Number 1320 was waived. Forsythe moved, second by Hastings, to adopt Ordinance Number 1320 as presented. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried PUBLIC HEARING - EXTENDING INTERIM ORDINANCE NUMBER 1319 - EXPANSIONS OF NONCONFORMING RESIDENTIAL UNITS AND STRUCTURES Mayor ProTem Laszlo declared the public hearing open to consider extension of interim Ordinance Number 1319, prohibiting the issuance of development entitlements for expansions of nonconforming residential units and structures. The city Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received either for or against this item. The Director of Development services presented the staff report, explaining that Ordinance Number 1319 was adopted November 13, 1990 due to a perceived need to provide revised development standards for expansion of nonconforming residential units and structures basically due to parking, a concern of the Planning Commission as a result of certain major plan reviews for fairly major expansions. He noted Ordinance Number 1319 will expire December 27th if not extended by the proposed Ordinance, and if adopted would then be in effect until October 29, 1991. The Director noted an error in Section 2 of the proposed Ordinance where certain words should be deleted for the second sentence to read "Development of such structures in the absence of clear standards could pose a current and immediate threat to the peace, harmony and welfare of the city." Councilman Hunt expressed concern as to the impact on persons desiring to make improvements to their properties in the interim. He noted that the impact of the proposed Ordinance is rather far reaching where it would prohibit existing nonconforming residential units from proposing additions to the living space of those units until the city reviews the existing criteria and determines if the regulations are appropriate or should be modified, therefore there would be an impact on existing residences or units that have the required parking and are anticipating an addition under current Code provisions. The Director stated it is anticipated the current regulations can be reviewed and a determination made within a time frame much earlier than the October 29th expiration of the proposed Ordinance, that the Ordinance would not allow staff to receive a request for expansion until the issue is resolved, and in recent cases where the expansions have been substantial, the Planning Commission has not approved those based upon concerns with current Code provisions. Mayor ProTem Laszlo indicated concern where it appears the Planning Commission, rather than the City I I I 12-10-90 I Council, is establishing policy, and said it would be more appropriate to hold public hearings before policy is changed. The Assistant City Attorney suggested that if there is concern that persons may be unable to obtain approvals, the more stringent conditional use permit process could be utilized in the interim, and since appeals have been filed with regard to recent Planning Commission denials, the Council would have an opportunity to provide some guidance to the Commission at the time of those hearings. Councilman Hunt indicated agreement with Mayor ProTem Laszlo, however said he believed the Planning Commission felt the intent of the existing legislation was being violated in the recent considerations. I Mayor ProTem Laszlo 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. Mr. Bruce Stark, Seal Beach, pointed out that just a few years ago nothing could be done to improve a nonconforming property, which prompted an amendment that allowed additions up to ten percent. He claimed that the proposed Ordinance does not merely apply to apartment units in the downtown area, it prohibits the issuance of permits for any nonconforming property in the City, the Hill due to garage size, College Park East due to lot coverage, not just Old Town, which is caused by legislative acts and based on parking issues, and is unfair to the residents. Mr. Stark said the presumed parking problem is the result of expansions to the business community, use of in-lieu parking, closure of parking lots at night, and special events. He also noted his request to expand and improve a commercial property on Seal Beach Boulevard has been denied for years, and that the issues of that specific area needs to be resolved. Councilmember Hastings said the Planning Commission seems to feel that the downtown area should be restricted from additions to nonconforming buildings due to parking, and it was her intent to request expanded hearings to determine the desires of the residents, since this issue relates directly to the downtown area. Mr. Stark offered that his concern was that it appeared the Commission was reviving a past theory that a maximum economic life should be placed on properties in the downtown area and once the economic benefit has been reached the dwelling should be torn down and redeveloped, yet it only applies to duplex or triplex units, and stated the Main street business community has outlived its economic life according to the past standards of some. The Development Services Director read Code Section 28-403 relating to the effect of nonconforming parking space dimensions on structural alterations in the low density zone, which would include the Hill, College Park East and West, providing that if the minimum size of an existing nonconforming parking space is nine feet by nineteen feet interior dimensions with a minimum twenty-four foot turning radius, those properties would be exempt from the ten by twenty foot requirement and would not fall within the moratorium under consideration. He noted that the areas covered under the moratorium are specifically related to residential structures by reason of the existing Section 28-2407, subsections (i), minor enlargements or expansions of less than ten percent and subject to certain conditions, and (j), a one time expansion or enlargement greater than ten percent of the allowable floor area, nonconforming only due to the use of tandem parking. Ms. Lisa Antoci, 113 Dolphin Avenue, stated she has a legally nonconforming duplex with four garage parking spaces, and said it would be unfair if the ability to improve her property would now be taken away as it has with roof mounted decks. Ms. Reva Olsen, Seal Beach, stated it I 12-10-90 took more than three years to correct the nonconforming property issue and it should not now be changed, however acknowledged that there may be a problem with large expansions to apartment houses. She pointed out that properties were conforming when they were purchased, that the downzoning may have been illegal, and requested that residents be allowed to improve and keep their properties I up. Ms. Beverly Casares, Seal Beach, said there had been a determination that the recent applications before the Commission had complied with the provisions of the Code, should be approved, yet was denied by the Commission. She stated it is not within the responsibilities of the Commission to discuss the intention of the legislators who enacted the Ordinance, and suggested that a certain member of the Planning Commission present his resignation. Mr. Galen Ambrose, Seal Beach, also made reference to the Planning Commission actions, stated the applicant complied with all applicable regulations, however the request was denied. He suggested certain members of the Commission are not following the directions of the council, and that care should be taken in making such appointments. Mr. Charles Antos, 328 - 17th street, said even though the Commission is experiencing some difficulties in approving applications under current provisions of the Code, there is no need for a moratorium during the time public hearings are being held, that this matter should simply be referred to the Commission for consideration, that staff be directed to inform any applicant of the public hearings in progress and advise that an application should not be made until the matter is resolved. He suggested that minor plan reviews be dealt with in a manner similar to the conditional use process, where it is presently felt minor plan reviews will receive I automatic approval. In response to Council, the Director said he believed there were a couple of reviews within the past year for small additions to single family or duplex units, however the concerns of the Commission stemmed from additions to three or four unit apartment buildings with proposed new floor areas of between eight hundred and one thousand squire feet. It was the order of the Chair, with consent of the Council, to declare a recess at 10:47 p.m. The Council reconvened at 10:58 p.m. with Mayor ProTem Laszlo calling the meeting to order. Ms. Mitzi Morton, 153 - 13th Street, recalled that in years past no improvement could be made to a nonconforming unit and that workshops were held in an attempt to develop regulations to resolve that situation. She said it was realized that there were a number of income properties with inadequate parking spaces, and at that time the maximum expansion was established at three hundred square feet. Ms. Morton stated the application before the Planning Commission was out of line in requesting a one thousand square foot expansion for a five unit building, which was not the intent of the initial regulations. She noted the regulations were I more recently revised to the ten percent maximum expansion. Ms. Morton suggested that possibly the three hundred foot maximum be imposed pending resolution of this matter, and that there should be a determination as to the number of properties affected. The Assistant City Attorney recommended that the Council refrain from commenting on the appeals that will be forthcoming to the Council, also that the proposed Ordinance could be amended to allow minor plan reviews under the conditional use process during the interim review of current regulations, if that were the desire of the Council. with regard to the maximum three hundred foot 12-10-90 I proposal of Ms. Morton, the Director explained that initially there had been consideration of a maximum allowable square footage expansion however that was subsequently replaced with the ten percent provision. There being no further comments, Mayor ProTem Laszlo declared the public hearing closed. I ORDINANCE NUMBER 1321 - EXTENDING INTERIM ORDINANCE NUMBER 1319 - PROHIBITING PERMIT ISSUANCE - EXPANSION OF EXISTING NONCONFORMING STRUCTURES - URGENCY Ordinance Number 1321 was presented to Council entitled "AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH EXTENDING INTERIM ORDINANCE NUMBER 1319, PROHIBITING THE ISSUANCE OF ANY PERMITS ALLOWING THE EXPANSION OF EXISTING NON- CONFORMING RESIDENTIAL STRUCTURES IN ACCORDANCE WITH SECTION 28-2407.a.2.(i) OR SECTION 28-2407.A.2.(j) AND DECLARING THE URGENCY THEREOF." By unanimous consent, full reading of Ordinance Number 1321 was waived. In response to Council, the Director described the types of minor plan reviews that would not be affected by the proposed Ordinance as a roof deck, additional balconies or porches that are not enclosed, enclosure of balconies or porches so long as they do not increase the square foot floor area greater than ten percent, roof additions over balconies and porches that are not enclosed, additional exterior doors, garages and carports, interior wall modifications and remodeling that involves less than fifty percent of the interior bearing walls of the structure, reduction of the number of units involving removal of structural alterations to less than fifty percent of the interior bearing walls, and other minor structural alterations and improvements similar to the foregoing. He added that there would be an impact on one time or cumulative enlargements or expansions greater than ten percent of the allowable floor area that are nonconforming due to tandem parking, also an impact on minor enlargements or expansions that increase the floor area by less than ten percent of the allowable floor area, subject to conditions that bathrooms are permitted provided the number per unit does not exceed certain ratios as set forth in the Code, that the number of bedrooms may not be increased if the property is nonconforming due to density, and that such expansions and enlargements shall be permitted only if the Planning commission determines that all feasible parking, given the availability and location of space on the site or the constraints imposed by the existing sound primary structure, is provided. I Councilmember Hastings moved to adopt Ordinance Number 1321 as amended to reflect the revised wording of the second sentence of Section 2 as provided by the Director of Development Services. Councilmember Forsythe asked that the Ordinance be amended to provide for the conditional use process as described by the Assistant city Attorney. The Assistant City Attorney suggested that language could be added to Section 3, where persons can not obtain building permits or other entitlements of use for applications under subsections "i" or "j", to read "...unless the owner of the proposed expansion or alteration applies for and receives a permit from the Planning Commission pursuant to the procedure and criteria set forth in Sections 28-2503 - 28- 2513." He noted those Sections relate to the CUP process which requires a public hearing, notice provided to those properties within three hundred feet, and the decision must be based on the criteria that the proposed expansion or alteration is compatible with the surrounding uses. There was discussion as to a time frame for concluding the public hearings and resolving this issue prior to the maximum date 12-10-90 of the extension of October 29, 1991. The Director said it may be possible to commence the public hearing process by mid-January, however given the amount of public input and noticing requirements, it would be difficult to foresee a date when the process may be concluded. A preference was indicated that the public hearings be before the Council by the first meeting in May. Mayor ProTem Laszlo said given I the nature of this issue there may be considerable public input, therefore cautioned that problems may arise should a specific deadline, earlier than the expiration date of the / Ordinance, be required. with the acceptance of the amendment by the maker of the motion, Councilmember Forsythe seconded the motion to adopt Ordinance Number 1321 as amended. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried PUBLIC HEARING - ZONING TEXT AMENDMENT 6-90 - COVERED ROOF ACCESS STAIRWELLS Mayor ProTem Laszlo declared the public hearing open to consider ZTA 6-90, revised regulations governing covered roof access stairwells. The City Clerk certified that notice of the public hearing had been advertised and mailed as required by law, and reported a communication received from Mr. Mark Thompson, 1305 Sandpiper Drive, on December 3, 1990, a copy of which had been provided the Council. The Director of Development Services presented the staff report dated December 10, 1990 and reviewed in detail a summary of proposed ZTA 6-90. He noted specifically Section 28- 2317(3), eliminating sub-paragraph "d", to remove covered or I uncovered stairwells from the exceptions to the standard height limitations, the provisions for covered roof access stairwells placed in Section 28-2417(4), requiring the Planning Commission to make specific findings regarding requests for CRA's as part of the minor height variance request with regard to conformity of roofing materials, location of the covered stairwell, and limitation of the stairwell to the minimum area, both horizontally and vertically. Section 28-2317(4) (c) amended to provide for a fifteen day appeal periOd, and section 28-2407(A) (5) added to place existing structures with covered roof access stairwells which exceed the height limit into the nonconforming use category, those structures to be reviewed by the Development Services Department pursuant to the criteria set forth in Section 2417(4), and if that criteria is met there would be no need for additional review, and should the existing structure not meet that criteria, the options would be to apply for a minor height variation, modify the structure to meet Code requirements, or remove the covered roof access stairwell. He noted the Commission placed an additional requirement that all existing structures be monitored, that a listing be provided to the newspaper and as part of the Commission agendas for a periOd of one year of those structures that are determined to meet I the new criteria as ultimately adopted and not be required to come to the City under the height variation process. Mayor ProTem Laszlo 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. Mr. Alan Shields, 1300 Catalina Avenue, spoke in support of the adoption of the revised regulations as presented, and noted the impact of specific covered roof access stairwell structures on the residential neighborhood and adjacent neighbors, views, privacy, and property values. Mr. Jerry Anderson, 1301 ;. . ""j ., ~. \ l2-10-90 I Sandpiper Drive, spoke in support of the Zoning Text Amendment, and expressed appreciation for the efforts of the staff and City Council. Mr. Galen Ambrose, Seal Beach, spoke in favor of the Zoning Text Amendment, and said he would hope nothing in the future will be allowed a variance from the height limitation. Ms. Mitzi Morton 153 - 13th street, said that it is known that one can have a deck and a stairwell without a "doghouse", and questioned whether the new regulations would resolve the problem since those structures have not been eliminated. Ms. Lee Cambria stated she favored covered roof access structures. Ms. Cambria said the lots in the downtown area are small, a roof deck allows a recreation area where there are minimum yards, that an uncovered stairway is dangerous, that the stairwell allows another exit in the case of fire, and disagreed with locating a stairwell in an area other than along a peripheral exterior wall, which would minimize buildable living space. She suggested that there simply be a definition of what constitutes a stairwell, not to exceed a specific height, where the city can reject a stairwell if it is larger than allowed, that there could be standards developed for specific areas of the community, yet allow some flexibility for architectural individuality. Ms. Cambria stated the moratorium has delayed her construction project for more than a year, that certain neighbors enjoy a privilege that she will be denied, that she has no intention of placing anything on the deck except a covered roof access, and offered her opinion that the proposed process will be cumbersome. Dr. Anton Dahlman, 1724 Crestview Avenue, stated that the only concern of the Planning Commission is with over the height limit. Ms. Barbara Antoci, Ocean Avenue, agreed with the comments of Ms. Cambria, also that there has not been a new home built in the last five years that does not have a 'doghouse', that there are many people who enjoy them, and as long as they meet the height requirement possibly they should be regulated specifically to the area. Mr. Alan Shields stated he also owns a home in the downtown area to which he may move as a result of the dome and structure adjacent to his Hill residence. He agreed with Dr. Dahlman that a covered roof access can be constructed under the height limit and still have a roof deck. Mr. Don Cox, 114 - 1st Street, stated he has built homes in Seal Beach for a number of years and the majority of his buyers want a deck and roof access, which have been built within Code. Ms. Cambria again referred to the height limit, stated if a roof access is placed on the roof deck it will exceed the height limit, that not everyone wants to rearrange their floor plans to abide by a set standard, and in this case access to a deck would need to be from the second floor of the structure. Mr. Galen Ambrose said the height limit is known and persons should consider that when they are preparing construction plans. There being no other comments, Mayor ProTem Laszlo declared the public hearing closed. I I ORDINANCE NUMBER 1322 - ZONING TEXT AMENDMENT 6-90 - COVERED ROOF ACCESS STAIRWELLS Ordinance Number 1322 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 28 OF THE CODE OF THE CITY OF SEAL BEACH TO ESTABLISH REVISED REGULATIONS GOVERNING COVERED ROOF ACCESS STAIRWELLS (ZTA 6-90)." By unanimous consent, full reading of Ordinance Number 1322 was waived. Forsythe moved, second by Hastings, to approve the introduction of Ordinance Number 1322 and that it be passed to second reading. Councilmember Hastings inquired about regulations concerning roof mounted mechanical equipment 12-10-90 such as the often referred to dome. The Development Services Director stated the Code presently only allows for a covered roof access stairwell to be located on the roof above the height limit, yet if someone chooses to build something within the height limit it would be allowed, however would now be covered by the proposed Ordinance as it relates to the minimum area and roofing material, and specifically in the case of the dome, from what has been determined it is a hand operated piece of equipment and does not meet the definition of mechanical equipment since there is no motor that maneuvers the opening of that device. Councilmember Hastings also referred to the communication from Mr. Thompson and inquired as to the vulnerability of the City in view of Mr. Thompson's claim that if the Ordinance as proposed is adopted it would constitute the use of retroactive law. The Assistant city Attorney stated that California law is clear that the City can impose regulations that may affect existing structures so long as the City provides a sufficient amortization period, the proposed Ordinance providing for a one year period within which all persons with covered roof access structures that are nonconforming to the proposed provisions can apply for a permit, modify the structure to conformity, or remove the structure, therefore it would not be considered retroactive law. He also pointed out that there was no decision at the time that the dome was illegal by the staff or the Council, the decision was based on a number of factors, that the structure was built and in use, that there were certain ambiguous questions of the Code, that the City did not enforce its laws against that particular property owner at that time, therefore there is no concern with the allegations contained in Mr. Thompson's letter. He stated that if the new regulations are adopted, the owner of 1305 Sandpiper as well as others, will have one year to come to the City to seek their approvals and if those persons choose to not seek approval, it will then become an enforcement issue after the year has expired, at which time the property owner could submit arguments, however it is felt the regulations would be upheld since the property owner has a minimum of one year, and in the specific Sandpiper case at least two years or more to recover their investment. AYES: NOES: ABSTAIN: ABSENT: Forsythe, Hastings, Laszlo None Hunt Wilson Motion carried I I PUBLIC HEARING - WATER MANAGEMENT PLAN Mayor ProTem Laszlo declared the pUblic hearing open to consider an update of the Urban Water Management Plan. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received. The Director of Public Works explained that in 1983 the legislature approved AB 797, the Urban Water Management Planning Act, which required local water agencies producing more than three thousand acre feet I to prepare an Urban Water Plan every five years, the initial Plan approved in 1985, and the update of that Plan now before the Council for consideration. He reported that the objective of the Plan is to provide an estimate of current and projected water usage, a local perspective on water conservation programs, to evaluate alternative conservation measures, and a framework to implement alternative conservation measures. Mr. Jue noted there is a description of the Seal Beach water system in the Plan which sets forth the number of wells, reservoirs, a detailed plan of the distribution system, a history of previous water use, l2-10-90 I current water use, projected water use, a breakdown of water usage in the City, residential, industrial, commercial, etc., a brief description of past draughts in California, information on the current draught, and detailed information of what MWD of California, MWD of Orange county, and this City is doing with regard to conservation measures. The Director reported the Council, in 1988, adopted a Resolution requesting voluntary conservation of ten percent of water use. He noted the staff practices conservation on a daily basis, and in the case of alley replacement, accomplished through the use of HUD funds, the main purpose of those projects is to replace the water mains rather than the concrete alley reconstruction, the alley projects prioritized based upon the number of water main breaks and/or reports of low pressure, which is most often a result of corroded lines. Another conservation measure is the replacement of water meters which increases the efficiency of the water system, also that the City participates in an annual "water awareness week" and there is a water display at the Public Works Department annual open house where conservation kits and information are provided to those who attend. The Direction again mentioned that the Plan makes reference to the 1988 volunteer conservation Resolution, that no additional conservation measures are recommended at this time, however mandatory conservation may be a consideration at some point in the future which in turn brings the issue of enforcement into the program as well as the determination of the penalties to be imposed. He noted Los Angeles has a mandatory program, however Orange County receives most of its water from the Colorado River and to this point in time the normal allocation plus additional water has been received. The Director reported staff is considering placing a monthly article in the local newspapers of the various methods to conserve water, also a message on the local cable community bulletin board. There being no further comments, Mayor ProTem Laszlo declared the public hearing closed. I RESOLUTION NUMBER 3999 - URBAN WATER MANAGEMENT PLAN UPDATE Resolution Number 3999 was presented to Council entitled "A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, REGARDING THE UPDATE OF AN URBAN WATER MANAGEMENT PLAN FOR THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3999 was waived. Hunt moved, second by Hastings, to adopt Resolution Number 3999. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried AGENDA AMENDED Hastings moved, second by Forsythe, to consider Item "K", Resolution Number 4000, out of order at this time. I AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried RESOLUTION NUMBER 4000 - SENATE BILL 2557 - SUPPORTING REPEAL Resolution Number 4000 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SUPPORTING REPEAL OF SENATE BILL 2557." By unanimous consent, full reading of Resolution Number 4000 was waived. Forsythe moved, second by Hastings, to adopt Resolution Number 4000. 12-10-90 AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried AGENDA AMENDED Forsythe moved, second by Laszlo, to consider Item "S", closing of city Hall, and Item "T", December 24th meeting, out of order at this time. I AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried CHRISTMAS EVE Hastings moved, second by Forsythe, to authorize the closing of city Hall at noon on December 24th. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried DECEMBER 24th MEETING Hastings moved, second by Forsythe, to cancel the December 24th regular city council meeting. Mayor ProTem Laszlo noted an adjourned meeting is to be held at 10:00 on December 17th with the City's liability attorney, and suggested that other items of business, possibly the City Manager recruitment and items held over from this meeting, could be placed on the agenda for an earlier hour. It was the consensus of the Council to adjourn this meeting to December 17th at 9:00 a.m. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I ORDINANCE NUMBER 1316 - VESTING TENTATIVE MAPS Ordinance Number 1316 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 21 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO VESTING TENTATIVE MAPS." By unanimous consent, full reading of Ordinance Number 1316 was waived. It was the consensus of the Council to hold this item over until the next regular meeting. ORDINANCE NUMBER 1317 - DISPLAY OF HARMFUL MATTER Ordinance Number 1317 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADDING CHAPTER 11D TO THE SEAL BEACH MUNICIPAL CODE RELATING TO THE DISPLAY OF MATER HARMFUL TO MINORS." By unanimous consent, full reading of Ordinance Number 1317 was waived. In response to Council, the Assistant City Attorney explained that the provisions of the Ordinance will require that harmful matter be beyond the reach of minors and behind blinder racks. Forsythe moved, second by Hastings, to adopt Ordinance Number 1317. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried 1 RESOLUTION NUMBER 3994 - CALIFORNIA ENVIRONMENTAL OUALITY ACT and GUIDELINES Resolution number 3994 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING PROCEDURES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THE GUIDELINES OF THE 12-10-90 SECRETARY FOR THE RESOURCES AGENCY, AS AMENDED, AND REPEALING RESOLUTIONS NO's. 3577 AND 3133." By unanimous consent, full reading of Resolution Number 3994 was waived. It was the consensus of the Council to hold this item over until the next meeting. I ORDINANCE NUMBER 1323 - BOW AND ARROW FISHING Ordinance Number 1323 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH PROHIBITING BOW AND ARROW, CROSS BOW AND ARROW, MANUAL OR MECHANICAL SPEAR DEVICES FOR FISHING AND AMENDING CHAPTER 4 OF THE SEAL BEACH MUNICIPAL CODE." By unanimous consent, full reading of Ordinance Number 1323 was waived. In response to council, the Assistant city Attorney advised that as long as the local ordinance is designed to protect the public safety and only incidently effects State regulations, the regulations would be considered a proper exercise of local government, however would not be applicable beyond the City limits as long as the individual has a valid fishing license. Hastings moved, second by Laszlo, to approve the introduction of Ordinance Number 1323 and that it be passed to second reading. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I CONSENT CALENDAR - ITEMS "M" thru IIp'' Mayor ProTem Laszlo requested Item "N" removed from the Consent Calendar and a member of the audience requested Item "P" removed. Forsythe moved, second by Hunt, to approve the recommended action for items on the Consent Calendar, except Items "N" and "P", as presented. M. Approved regular demands numbered 81831 through 81962 in the amount of $347,788.96 and payroll demands numbered 43160 through 43342 in the amount of $217,724.56 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. O. Approved the plans and specifications for Project Number 602, Water Main Replacement in the Electric Avenue Alley from Main Street to 17th Street, and authorized the Acting city Manager to advertise for bids. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I In response to Councilman Hunt, the Acting city Manager reported check number 81904 payable to First American Title Company was for the title report of the Electric Avenue Greenbelt, and the Director of Public Works explained that when a water main is replaced, the existing line is left in the ground and a new, six inch line is laid, that there is also a need to encase many of the sewer laterals in concrete since they are shallow, that a camera is used to determine if additional repair is necessary, and that the ratio of $175,000 water funds to $20,000 sewer funds is a typical ratio. ITEMS REMOVED FROM THE CONSENT CALENDAR 12-10-90 ITEM "N" - MINUTES Hastings moved, second by Forsythe, to approve the minutes of the regular meeting of October 8, 1990. AYES: NOES: ABSTAIN: ABSENT: Forsythe, Hastings, Hunt None Laszlo Wilson Motion carried I It was the order of the Chair, with consent of the Council, to declare a recess at 12:22 a.m. The Council reconvened at 12:31 a.m. with Mayor ProTem Laszlo calling the meeting to order. ITEM "P" - AWARD OF BIDS - VEHICLE PURCHASE Mr. Charles Antos said it was his understanding that certain police vehicles were sent to Mexico. The Director of Public Works stated to his knowledge there were no vehicles sent to Mexico, however there were a couple of Police vehicles that were refurbished and the Public Works superintendents are using them. He confirmed that the purchase of these vehicles was contained within the adopted budget. Forsythe moved, second by Hastings, to award the bid for one 3/4 ton pickup to Sunset Ford in the amount of $13,459.78, one one- ton cab and chassis to Coletto Ford in the amount of $17,447.45, and two Kawasaki motorcycles to VIP Motorcycles, Inc. in the amount of $12,006.25, authorize the Acting city Manager to execute the purchase orders for same, and authorize readvertisement for bids for the exhaust gas analyzer. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I It was the consensus of the Council to hold over Item "U", General Plan updates, Item "V", pUblic comment time limitation, Item "W", reclassification procedure, and Item "Y", status of oil and gas pipelines, until the next meeting. HOLIDAY DECORATIONS - ROSSMOOR CENTER - FUNDING REOUEST The Acting City Manager presented the staff report, a request by the Rossmoor Center for $1100 for the cost of labor to place holiday decorations along Seal Beach Boulevard. He stated last year approximately $625 was authorized for decorations on Main Street with $2745 labor costs, also $625 was provided to the Rossmoor Merchants Association for decorations. Mr. Archibold said an estimated $1500 will be spent along Main street this year for the cost of light bulb and fixture replacement. Forsythe moved, second by Hastings, to approved the $1100 request of Rossmoor Center. It was pointed out that the Rossmoor area is approximately one-third as large as Main Street, that past donations have been based on that ratio, I also that City forces are not used to place the decorations, as the Center contracts for that service. The Acting City Manger confirmed the $1100 is to cover the installation costs of the decorations. Mayor ProTem Laszlo expressed his feeling that $900 would be appropriate since the Rossmoor shopping area does not receive the benefit of a number of other activities that take place in the downtown portion of the community. At the conclusion of discussion, the motion was amended to authorize $500 for the installation of holiday decorations. 12-10-90 AYES: NOES: ABSTAIN: ABSENT : Forsythe, Hastings, Hunt None Laszlo Wilson Motion carried I It was the consensus of the Council to hold over Item "CC", a request from the International Friendship Association for a sister city liaison, and baseball and swimming youth exchange, and Item "DD", councilmanic boundary changes, until the next meeting. APPOINTMENTS - BOARDS and COMMISSION Environmental Oualitv Control Board The appointment to fill the District Five vacancy on the Environmental Quality Control was held over. Housina Element Review Committee The District Five appointment to the Housing Element Review Committee was held over. Solid Waste Advisorv Committee Hunt moved, second by Laszlo, to approve Mayor Wilson's appointment of Mr. William Scott as the District Two member of the Solid Waste Advisory Committee in lieu of the previously appointed Mr. George Cook. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I The District Four appointment and selection of Council representatives were held over until next meeting. Beach commission The District Two and Five appointments to the Beach Commission were held over until the next meeting. Council requested that the City Clerk communicate with the appointees to the Beach Commission in order to establish a date for the organizational meeting. APPOINTMENT - ORANGE COUNTY VECTOR CONTROL DISTRICT It was the consensus of the Council to hold over this appointment until the December 17th adjourned meeting. CITY COUNCIL ITEMS Councilmember Hastings requested that the City Clerk provide her with copies of all current and subsequent claims and lawsuits filed against the city as soon as they are officially received by the city, that she would maintain copies of same at her home for anyone to review. I ORAL COMMUNICATIONS Mayor ProTem Laszlo declared Oral Communications open. Mr. Charles Antos, 17th Street, made reference to the broken gas line on the Hellman property, the report to the City Council indicating that the flame is the result of a by-product of the oil production, which he said is incorrect because if it were it would not continue burning for the period of time it has, that rather it is from gas mines or wells. He said he was never made aware of gas wells on that property, yet processed a number of redrilling permits, and suggested the City research all EIR's to determine if they can be rejected based upon fraudulent information. Councilmember Hastings said at the time the flare occurred she had requested information regarding the location of lines running through 12-10-90 the Hellman property, that her understanding is that there is a natural gas well on the Hellman and Naval Weapons Station lands, and that a report will be forthcoming once maps of those properties are received from the various oil companies. Mr. Antos recalled that a proposed plan was considered and approved by the City for Sunset Aquatic Park improvements that contained some overnight parking, that the Board of Supervisors has now deleted the overnight parking from the Plan, and it was his belief that before the Plan can be considered by the Coastal Commission a report would need to be forthcoming to the city for conceptual approval since the Park is located within the City. Mr. Antos referred to a recent adjourned Council meeting where there was an attorney present representing Bill and Michelle Stearns, and stated for that attorney to attack or call for removal of a member of the Civil Service Board was out of line, as was the attendance by the attorney in a closed session. Mr. Antos referred to a police incident report in his possession relating to missing personnel files, and noted a statement of Assistant City Attorney Walsh that if a document is presented to the civil Service Board it is then considered a public document even if it was never distributed to the public, an opinion not shared by the stearns attorney, therefore it is either correct or not correct for the Civil service Board to have certain documents submitted to them. Ms. Barbara Antoci, Ocean Avenue, also spoke of the adjourned meeting which she said was held at an hour when the majority of people were unable to attend, and of the presence of the Stearns attorney who was allowed to a closed session to which others are not. She claimed that a document was submitted to staff which was copied and provided to Chief stearns and his wife by the Acting City Manager, and objected to the criticism of a member of the Board by the Stearns attorney. Ms. Wendy Morris, Seal Beach, reported receiving a citation for leaving her travel trailer parked at her residence with the trailer unhitched, stating however that the trailer is generally unhitched for safety purposes and use of the vehicle, and that she had been informed that there is no provision for parking such vehicle for one to two days before or after a trip. Mayor ProTem Laszlo stated this has posed a problem in the past, that the intent of the Code was to not allow parking between 2:00 and 5:00 a.m. and encourage the storage of such vehicles when not in use, and that the Police Department needs to be reminded that they are not to cite unhitched trailers. He suggested in the future Ms. Morris obtain an overnight parking permit. Councilmember Hastings extended happy Hanukkah to her Jewish friends in Seal Beach. There being no further comments, Oral Communications were closed. CLOSED SESSION No Closed Session was held. ADJOURNMENT By unanimous consent, the Council adjourned the meeting until Monday, December 17th at 9:00 a.m. The meeting adjourned at 1:11 a.m. Clerk and ex of Seal Beach of the I I 1 12-10-90/12-17-90 Approved: J~~o~r Attest: I Seal Beach, California December 17, 1990 The city Council of the City of Seal Beach met in regular adjourned session at 9:03 a.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Forsythe, Hastings, Hunt, Laszlo Absent: None Also present: Mr. Archibold, Acting city Manager Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk - I WAIVER OF FULL READING Laszlo moved, second by Forsythe, 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: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried I CITY MANAGER RECRUITMENT with regard to the proposed process for recruitment of a city Manager, Dr. Daniel Barber, California State University at Long Beach, said he believed the first step has been taken as a result of authorizing placement of an advertisement in a monthly publication, that there would be a review of the returns from that ad, that other outlets to notice the opening would be pursued, as well as direct solicitation of individuals that had not responded, and the Council would be interviewed to determine the specific needs and qualifications that are felt necessary. He noted through his nearly seventeen years with the University there is a sizeable practitioner base available from which a pool of persons felt to be capable of the assignment can be developed. Dr. Barber stated there would be an initial contact and exchange of information regarding the city, a verification of the information submitted, a condensed resume of each applicant would be prepared for the initial cuts that the Council may make, however the complete applicant files would be available at any given time. Dr. Barber noted the- importance of dealing with the applicants in a professional manner, of interviewing the candidates and reducing the field until the final selection is made. Councilmember Forsythe said her concern was not with screening whatever number of applicants there may be, rather