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HomeMy WebLinkAboutCC Min 1988-08-15 8-1-88 / 8-15-88 I Commission and City Council for public hearings. She suggested that residents abutting the proposed project should contact the City to ascertain how the grading of the project will affect their property and change from what currently exists, also that. the specifics relating to Gum Grove Park and other elements of the project should be looked at closely. Referring to the proposed revision of the business license fees, Mayor Hunt suggested that the City Manager give consideration to and report to the Council the feasibility of establishing a license fee for non- residential (commercial) rental property owners, possibly up to one cent per square foot per year. Mayor Hunt reported his attendance at a recent Cable Communications Foundation meeting' and. spoke highly' of the appointed membership of the Foundation and conduct of their meeting. He also expressed appreciation to the Southern California Edison Company and the Department of Water and Power who sent representatives to Leisure World to discuss concerns relating to 'pollutants, noise, etc., from their facilities and have offered cooperation in resolving the concerns. Mayor Hunt continued, reading his statement in response to recent letters in local newspapers relative to the development of the Hellman property by the Mola Development Company, the wetland issue, and charges of inv.olvement of the City, City employees, and members of the Council. ORAL COMMUNICATIONS There were no Oral Communications from the audience. ADJOURNMENT Wilson moved, second by Risner, to adjourn the meeting at 8:38 p.m. I AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried ") the Attest: I Seal Beach, California August 15.. 1988 The City Council of the City of Seal Beach met in regular session at 7:21 p.m. with Mayor Hunt calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hunt Councilmembers Laszlo, Risner, Wilson 8-15-88 Absent: Councilman Grgas By unanimous consent, the Council excused the absence of Mr. Grgas from this meeting due to illness. Also Present: Mr. Nelson, City Manager Mr. Stepanicich, City Attorney Ms. King, Administrative Aide/Engineering Mrs. Yeo, City Clerk I WAIVER OF FULL READING Wilson moved, second by Laszlo, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried PRESENTATION - COUNTY SANITATION DISTRICTS Ms. Corinne Clawson, County Sanitation Districts Public Information Officer, provided a slide presentation and overview of the County Sanitation Districts of Orange County Action Plan For Balanced Environmental Management - Preserving Orange County's Coastal Ocean Waters, the program designed for balanced, total environmental management, including public health, environmental, engineering, social and financial elements of wastewater cOllection, treatment and disposal, a master plan providing a thirty year facilities needs assessment, a focused ten year construction I and financing plan, an Environmental Impact Report providing a comprehensive assessment of the action necessary to protect water, air and land resources, and an application to the Environmental Protection Agency and the California Regional Water Quality Control Board for a renewal of the District's ocean discharge permit. Ms. Clawson stated that more information and data will be provided to the City in the future, and advised there was no need for the Council to take a position on the Action Plan until sometime in the upcoming year. The Mayor expressed appreciation for the informative presentation. PRESENTATION - EISENHOWER PARK RENOVATION Mayor Hunt noted that in addition to this presentation, the Council would also be considering Consent Calendar Item."Kn with regard to installation of a brick paver walkway in Eisenhower Park. Ms. Sue Corbin, Junior Womens Club, advised the Council that the Club has raised $27,000 thus far for the renovation and improvements to Eisenhower Park, and Mrs. Wendy Rothman introduced Mr. Bill Abete, landscape architect, who donated his time as well as the design and plans for the Park improvements. Mr. Abete reported the proposed landscape plan was designed to take into consideration the needs specific to this area, the plant materials chosen to withstand the ocean atmosphere while I taking into consideration the desired appearance of.the Park area and the affect upon nearby residential units, with ease of maintenance being an important factor. PROCLAMATIONS Mayor Hunt reported a proclamation honoring the Los Alamitos Medical Center would be presented at the August 20th celebration of the opening of a new wing and the 20th anniversary of the Medical Center. 8-15-88 Mayor Hunt proclaimed August 20th, 1988 as "Volunteer Firefighters Recognition Day." Mr. Joe Kalmick accepted the proclamation on behalf of the local volunteers with appreciation, and the Chief of the local battalion, Dave Wrigh~,- was -introduced. It was the consensus of the Council to consider the Consent Calendar out of order at this time. I CONSENT CALENDAR - ITEMS "I" THROUGH -LD Councilmember Wilson requested that Item DK" be removed from the Consent Calendar. Wilson moved, second by Laszlo, to approve the recommended action for items on the Consent Calendar, except Item "KD, as presented. I. Approved the minutes of the regular meeting of August I, 1988. J.. Approved regular demands numbered 71188 through 71375 in the amount of $803,151.17, and payroll demands numbered 31466 through 31669 in the amount of $209,175.04' as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. L. Approved the renewal of the Merchants Parking Agreement for the period October I, 1988 through September 30, 1989, providing for one hundred parking stickers at a cost of $35 per sticker for the use of, City parking facilities. I AYES: NOES: ABSENT: Hunt, Laszlo; Risner, Wilson None Grgas'. Motion carried I ITEMS REMOVED FROM-THE CONSENT'CALENDAR ITEM -K" - PLANS AND SPECIFICATIONS - BRICK PAVER WALKWAY - EISENHOWER PARK Mayor Hunt-briefly summarized the staff report requesting approval of plans and specifications and authorization to adver~ise for bids for ,the brick paver walkways at Eisenhower Park. Councilmember Wilson stated she wished it understood that she was not opposed and she did approve of the proposed brick paver walkways which will enhance this particular area, however at the time the Junior Womens Club proposed the improvements to Eisenhower Park, City costs associated therewith were not clearly understood, pointing out that there is a need to address a number of essential projects that have been delayed due to the lack of funds. Councilmember Risner stated it was her understanding that the funds raised by the Juniors would be used for materials with the City assuming the labor costs. 'Wilson moved, second by Risner, to approve the plans-and specifications for the brick paver walkways, that the City Manager be authorized to advertise for bids, and that $8,000 be appropriated from General Fund Reserves to. fund the labor portion of the project. Discussion continued. Members of the Council again indicated their misunderstanding of the City costs associated with the Eisenhower Park improvements, however commended and extended appreciation to the Junior Womens Club for their efforts. 8-15-88 AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried PUBLIC HEARING - AMENDING POSITION CLASSIFICATION PLAN - ENGINEERING AIDE Mayor Hunt declared the public hearing open to consider amending the Position Classification Plan to include the position of Engineering Aide. The City Clerk certified that I notice of the public hearing had been advertised as required by law and reported no communications had been received either for or against this item. Mayor Hunt noted that this matter had been considered and approved by the Civil Service Board. The City Manager reported this position was included in the 1988/89 approved fiscal year budget. There being no communications from the audience, Mayor Hunt declared the public hearing closed. RESOLUTION NUMBER 3807 - AMENDING POSITION CLASSIFICATION PLAN - ENGINEERING AIDE Resolution Number 3807 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE POSITION OF ENGINEERING AIDE." By unanimous consent, full reading of Resolution Number 3807 was waived. Wilson moved, second by Laszlo, to adopt Resolution Number 3807 as presented. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried RESOLUTION NUMBER 3808 - SALARY RANGE - ENGINEERING AIDE Resolution Number 3808 was presented to Council entitled "A I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CREATING A SALARY RANGE FOR THE POSITION,OF ENGINEERING AIDE." By unanimous consent, full reading of Resolution Number 3808 was waived. Wilson moved, second by Laszlo, to adopt Resolution Number 3808 as presented. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried PUBLIC HEARING/PROPOSED ORDINANCE NUMBER 1276 - BUSINESS LICENSES Risner moved, second by Laszlo, to postpone consideration of this item and that it be renoticed for public hearing the second meeting of September, as requested by staff. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried ORDINANCE NUMBER 1277 - REGULATING AQUATIC ACTIVITIES - BEACHES and PIERS Ordinance Number 1277 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF SEAL BEACH -I RELATING TO BEACHES AND PIERS." By unanimous consent, full reading of Ordinance Number 1277 was waived. Wilson moved, second by Laszlo, to approve the introduction of Ordinance Number 1277 and that it be passed to second reading. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried 8-15-88 I CAPITAL IMPROVEMENT FINANCING PROGRAM The ctty Manager poinced out 'that one of the priorities of the City Council has been to determine methods of financing the "capital improvement project needs of the Cify, noting that one such project has been the beach groin'or sea wall which serves to prevent the movement and ultimate loss of beach sand. He reported the staff has looked at alternatives and have sought the advice of consultants with expertise in the area of financing capital improvements. He pointed out' "that in the specific tnstance of financing repairs and improvements to'the beach groin, there would be reluctance on the part of certain sources'of funding due to the potential for storm damage to the'groin prior to repayment of, an improvement loan. Mr. Nelson reported the staff and consultant have identified a method'to include an additional project for funding, the Zoeter Day Care facility, where the City is presently acquiring the property under a lease/purchase agreement with a variable interest rate, and there is need for considerable reconstruction in order to' bring that facility into Code and continue its use as a child care facility. Ms. King, Engineering Department, reported there are three components of the financing package that have been looked at 'and that staff has prepared preliminary cost estimates in establishing the dollar amount of 3.32 million for the combined'projects, which'includes financing costs. She reported that fhe firsc'component would be the buy-out of the lease/purchase agreement of the Zoeter property and buildings; the remaining debt at this time being , approxiIilately h 6 million dollars. She'- advised' that the improvements to bring those buildings into Code would . include extensive alterations of ' the plumbing, mechanical, and electrical systems, :roof replacement, some interior structural repairs and fixture replacement, increased.number of doors to meet Fire Code, also some improvements to the playground'and tot lot. area, 'those improvements estimated at approximely $375,000. Ms. King stated the groin repair and extension would be.a twofpart' project, and is based upon.the 1985 Moffit and Nichol 'engtneering study.: She'reported the groin'was built in the 1950's,'the'life of.a groin estimated to be sixty years with improvements at each twenty year interval.' Ms. King advised the present groin, is seven hundred.fifty feet long, and a three ,hundred foot extension is proposed, the.cost for the. improvement ,and extension phases estimated at $840,000. : Mr. Terrence McCardy introduced himself as the Senior Vice President and Manager of Public Finance of First California Regional Securities, San Francisco, and in turn introduced Mr; Frank Usher; Vice President,of Public Finance' based. in their'Long Beach office. 'Mr. McCardy advised-that in the past he has served ,as financial 'adviser ,in the rehabilitation and expansion of the SealcBeach City Hall facility and'as .consultant for=the.r,evenue bond issue for the water reservoir near the 405 Freeway. Mr. McCardy"noted that 'packets had' been' distr ibuted to the ,'Council setting forth preliminary information primarily, for review'purposes, and he'explained the estimated.eostsi the use.of.funds for the projects being'considered, and estimated debt se~vice schedules based upon current market rates. ' 'With regard to payment' of the '.debt for the Issue, "the .,Ci ty Manage~ explained that $135iooO is.currently being paid through the Redevelopment Agency to the School District'f6r the'annual payment on the principal and interest of the lease/purchase agreement,.and that an, increase' in. the assessed valuation of the Agency has been'r,ealized'for an ,approximate $20,000 increased tax increment~ those monies being available for I I " .~ ! ':...-. 8-15-88 the debt service, that the revenue derived from lease of the jail facility, approximately $120,000, could be committed to the annual payment, the shortfall of atiout $70,000 to come from General Fund revenues. He noted that if property taxes continue to increase and if the Hellman property is developed, revenues would be increased sufficiently to meet the debt service. Mr. Nelson explained that Agency tax increment.could not be used to fund the improvements to the groin, however he felt there would be sufficient tax I increment tO,fund the Day Care component through the Agency. He stated he did not feel the municipal pier could be placed in the Agency due to complexities of the State tidelands and the fact, that the groin is in an area 'that is not totally within City-owned "property. . He added that a California Boating and Waterways grant is currently being explored, as well as monies from Fish and Game or the Coastal Conservancy. Councilmember Risner requested a report comparing"the interest rates and caps that the City is presently paying to the school District with what is proposed to determine whether it would be more advantageous to have a separate or combined bond issue, and a legal opinion from the City Attorney as to the legality of a combined issue. She stated that at the present time her concerns would lie with commiting revenue that may be.-.- derived from lease of the jail facility where there is yet to be agreement with the State, also with any commitment of tax increment that could be realized from the proposed Mola development. Mr. Nelson asked that the Council consider, based upon the preliminary information provided by the consultant, whether or not it is desirable to move forward, and to seek an opinion from the City Attorney that the two issues could be merged, which would make the issue to finance the groin more feasible. Councilman Laszlo indicated his preference to not commit specific revenues at I this time, such as may be realized from "the lease of the jail facility. Mr. McCardy advised that the advantage of having the combined issue rather than two separate issues would be a savings of the costs of issuance, adding that there is no obligation to pledge anyone revenue source to the debt service, that decision placed with the City Council on an annual basis. The City Manager noted that under the Zoeter lease/purchase agreement there is a variable base interest rate of 7.87 percent keyed to the interest rate received by the School District from its investments, the interest can adjust up to five percent to a maximum of 12.87 percent or drop to 5.87 percent, the interest for the proposed Issue fluctuating between 6.0 and 8.375 percent, with the annual payment known,at any given time. Mr. McCarty confirmed that should future interest rates drop appreciably the Issue could be refinanced to reflect the then current interest. Mayor Hunt pointed out that this presentation is merely of a concept, offering various possibilities, and that in the end the projects in fact may change, and asked for the Council's direction as to whether or not additional information is desired. With regard to annual expenditures for the pier and the groin, the City Manager stated that repair and extension of the groin would not reduce expenditures for the pier, however it is believed I that the groin improvements will aid in stabilizing the beach and reduce sand replenishment costs by approximately $30,000 per year by eliminating the need to transport sand from the west to the east beach, also a saving to be realized if the efforts to obtain dredged sand for the east beach are successful. Councilmember Wilson moved that the staff further investigate and provide additional information regarding this bond concept. Mayor Hunt noted also that the City Attorney had been requested to respond to questions posed by members of the Council, and seconded the motion. 8-15-88 AYES: . NOES: ABSENT: Hunt, Laszlo, Risner, .Wilson None Grgas Motion carried I TRAFFIC IMPACT COMMITTEE Mayor Hunt reported the request of the Traffic Impact Committee that the Council adopt a policy that any development in process before completion of the Traffic Impact Committee final report and recommendation be conditioned to comply with any Traffic Impact Committee recommendation ultimately adopted,by the City, Council and/or electorate. Mayor Hunt stated it was his understanding that this might be a multi-possibility situation. where,. if the Council were to make that a requirement, it may possibly apply to any development that is in process, or it may be necessary to limit the requirements to a specific development. The City Attorney advised that conditions that are considered to be imposed on a project should be addressed on a case by case basis. He cited as an example the Mola development, where the City Council has within its power in approving the map to address the impacts of the project,. including traffic, and could impose fee requirements or other mitigating measures. Mr. Stepanicich again recommended that each project be considered on an individual basis with specific conditions, as it is felt from a legal point of view that that is more supportable than.is a generalized approach which may not,apply in every case. With regard to the Mola Development, he. advised that subsequent to the public hearing the Council could decide what specific conditions are to be imposed on that .project. The City Attorney clarified that conditions could not be applied retroactively and would only apply to projects that are or will.be before the City. . Risner moved, second by Hunt, that the. Council concurrs with the position of the Traffic Impact Committee, and that compliance with fo~thcoming approved. recommendations would be required as a condition of.a project's approval. . Councilman.Laszlo deferred his comments. regarding the first meeting.of the Traffic Committee.until.the Council agenda discussion. ' I AYES:, NOES: ' ABSENT: Hunt, Laszlo, Risner, Wilson. . None Grgas .Motion carried APPOINTMENTS - BOARDS and COMMISSIONS . By unanimous consent, the,Council,held. over ,the, District One appointments to the Citizens Participation Committee and the Project Area Committee. . , .' . ; . ,-.... I VOTING DELEGATE -.ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE . _ . _ . Noting that the Mayor would not be in attendance, Councilmember,Wilson.moved to.appoint,Mayor ProTem Risner as the voting delegate to the 90th. annual League.of.California Cities Conference. Councilman Laszlo..seconded.the motion. AYES: . . ., NOES: ABSTAIN: ABSENT: Hunt,.Laszlo, Wilson None, , Risner Grgas ' ...Motion,carried Risner moved, second by.Wilson, to designate.Councilman Laszlo as, the ,alternate voting delegate. 8-15-88 AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried PROCLAMATION Mayor Hunt proclaimed August 20, 1988 as, "Los Alamitos Medical Center Recognition Day", again noting that the Proclamation would'be presented during'the-ceremonies on that date. - , , . !' CITY tOUNCI~ ITEMS' - -- Councilman Laszlo referred ,to the first-meeting'of:the'Ad Hoc Traffic Impact Committee, reporting,that'some members of the Committee feel it may be impossible to'accomplish' , worthwhile'objectives or_resolutions'given the stance of certain Committee members'that he referred' to 'as pro~"' development. 'Mr.'uaszlo emphasized his'position'that'any traffic guidelines for development-must be based on no less than a maximum level of service~"D". Members'of'the'Council responded to Mr. Laszlo's concerns, and urged that'the Committee'work,together'in a positive and reasonable'manner to accomplish the'Committee's objectives.' Councilmember Risner reported'that the'City Manager has agreed to nave City staff ~take the-Gum Grove Park area'that is proposed by the Kola Development and that the Save Gum Grove Group'has offered to chalk the outline, which will provide ease in visualizing the boundary proposed. 'Mrs. Risner noted"the EQCB meeting the following'evening to discuss the Mola project,-and'stated she felt it important that the Park and Recreation Commission'observe the boundaries prior to their upcoming:meeting~ andithat members'of the Council, Planning Commission, and'citizens may wish to observe'the proposed boundaries as well; suggesting that there be a news release for information of the public, In response to 'Mrs. Risner's request that the lines be in place by the 27th, the'City Manager reported.that the staff,is awaiting the boundary description from Mola Development of ,the public use areas of Gum'Grove so that the boundary will be accurately reflected. Pointing out the goal'of the Orange County Airport Site Coalition which is in the process of locating and evaluating a new public airport to serve Orange'County, and'the fact that the'Seal Beach'Naval Weapons Station and the Los Alamitos Reserve Center are among sites being mentioned~ Mayor Hunt suggested that it may be appropriate for tpe City to structure-a lobbying plan to insure that Seal Beach's position is well known, that Councilman Laszlo, due to his specific interest in this matter, attend the' " Coalition meetings and bring back any resulting information to the City, the City'Manager in turn to evaluate and make recommendations for Counci~ action. ~ '. I : ~: . ORAL COMMUNICATIONS Mayor Hunt declared Oral Communications open. Mr. Gaylen Ambrose, 613 Seabreeze Avenue, addressed his commen~s,to a statement previously made by Mayor Hunt in response to' a letter in the local newspaper with regard to the proposed Mola'Development, the wetlands issue, and charges of involvement of City Council and City employees, ~nd stated he had never said Mr. Hunt was a tool of Mola, or that he received gratuities, that the Councilor employees were lobbying for Mola, nor that there were ope hundred forty acres of wetlands on the Hellman property, however copfirmed his statement that Bixby and Mola should be thankful to have an'ardent admirer in the Mayor. Mr. Ambrose stated that it was the Hellman's that allowed landfill to be placed on their property in the past, making' development a possiblity, and reported his wife had spoken with a'representative of the Corps of Engineers who said that if four feet of the I I I 8-15-88 I landfill were taken from the'property'the water'table'would probably be within the 'ten inch'guidelines'for wetlands. Mr. Ambrose also confirmed his statement 'that Mola was meeting with '"var ious agencies lobbying' to have the' minimum amount of land declared wetlands, and stated that property designated by law'as wetlands'does'nbt"command development prices for acquisition.' Mr. Ambrose reported that Mr. Gorman, Huntington Beach Wetlands Conservancy, informed him that their group purchased"wetlands on Pacific Coast Highway for $6700 per acre, also that Mola Development had asked if their'group would'manage the twenty acres of Heliman pr9Perty wetlands for them. Mr. Ambrose reported'that on August 17th at Gum Grove; representatives of two agencies are: scheduled to arrive from San"Francisco.to:meet and' discuss the wetlands on this particular property. He also introduced Mr. Don May'who'Mr~ 'Ambrose stated was familiar with preservation of land and endangered'areas'as well as sources of funds for such purposes." ' ,. . . . . . Mr~ Don'May, 2333 Elm Street,' Long Beach, the location of the Earth'Island Foundation,~the Southern California Unit of the Friends of the Earth, stated that the former wetland areas of,the Hellman and'adjacent properties are between one hundred sixty to one'hundred seventy acres, a little less than one'hundred forty acres actually on the Hellman property, ~he areas of wetlands historically fairly clear. Mr. May reported,that the City of Long Beach, under the 2020 Plan;"is mandated-to'acquire more'than five"thousand-acres of land for. the purpose of wetlands-restoration "as close to, if not'in','the'-City'as"possible,-stat~ng that the'Seal Beach area' is a prime candidate-under.'that-Plan. He also stated that the'title to this"property is clouded as'there is-a question as' to ' whether-the public'trust-was vacated, 'the ,prqperty originally having been sovereign" land:' -He added that according to the-Harbor Commission'the City of Long Beach'was'approached about this-Iand-and-allegedly said they would just as soon it'was"not acquired-'for wetlands restoration. Mr. May stated that since the City does not have"an-approved"Local'Coastal Plan the'Coastal'Commission is-the lead agency, and-that State-agencies'have a'priority to locate areas' such as' this and take:'the-opportunity" to restore the wetlands. Mr:"May stated-Mola'has placed this situa~ion~in a position where theirLproposal'must be ",- defeated'before another 'may' be advanced, and-from his: experience when.things'are polarized like this the best possible project does not come' forward, therefore it is usually-b~tter'if_a developer is-allowed to go'forward with some'use~of the land-rather than a flat-denial of-the"permit because-it'would-just'have'to~be fought'at a'future-time, however-this does'provide"the'opportunity'and~priority for acquisition of the-entire wetlands'area: 'Mr. May' aCknowledged-there-is'expense involved in'terms'of restoration,'enhancement~and continued-maintenancej and stated..there is assistance available to the-City'in that regard, making'specific-reference to-Proposition-V01 the Parks Bond Measure, under which there are considerable-funds that have not been earmarked and are available, one being the' per capita' grants"which could 'provide Seal Beach 'wi th $150,000;for repair-and'restoration-of-the"wetlands;'other unallocated' monies ~ in trai 1" funds; habi tat - funds; -Coastal Conservancy-funds;"Wildlife and Nature'Area-funds~'etc~' He added-that"fu~ds are also"availabl!! through other" organizations; including.-the-Earth-Island Foundation. -Mr. May ~tated the problem is not in terms of providing an EI Dorado-Park'type of' facility, nor'is-it the availability of funds or cost-to residents ofcSeal Beach,-it"is'the'will of the Council to put in -the"park-and the"restored wetlands on that site. At the request of Council, Mr. May reported his I I 8-15-88 background in the.cable television business until three years ago, also his. involvement with wetlands projects for many years. Mr. May again reported that the Harbor Department.did approach the City_of Long Beach about acquiring. this parcel for wetlands..within the past. two and a half years, and suggested Seal Beach,contact that Department and indicate interest in. using this property as mitigating lands.. He acknowledged that Mola does have an option on this,lan~ which makes the situation.diffi9ult because unless I the permit is denied the option remains, however. stated that the City could arbitrarily deny the.project, citing,as an example situations of downzoning,or developer.fees of.less than the value of-a property, which, he stated,_is an.equal taking from the public sector.under the first amendment. The City Attorney advised it would be difficult. and possibly misleading to summarize, briefly the concepts put forth by the speaker., He. stated his belief that the comments were directed to the concept of windfalls that could occur if a developer does not pay for the impacts that may occur due to the approval of the development of a property';, which is not a,basic ,constitutional'concep~.or ,provision, ~e _. constitutional provision being the ~aking of property, and clarified that a city can downzone property, , which is not a taking" but. to, deny all use of _ a property ,.is ,.considered a taking. He added that the principal applies that a city can not arbitrarily deny applications for land use on a piece of property, and as noted in recent. cases there are also dangers involved in applying unreasonable regulations, however at the same time under the powers of the City there is flexibility to impose exactions and requirements of the development. Mr. May concurred with the accuracy of the City Attorney's opinion, and concluded that in. order for the City of Long Beach to make.an offer and acquire the land, at this point there would either have to be concurrence or I withdrawal by Mola or denial of the permit, the City then having to. look to restoration and continued maintenance for which, he stated funds are available. . Ms. Norma Strohmeier, 209 Seal Beach Boulevard,.stated that the contractors demolishing the Bay Motel have violated their.agreement with regard to dirt and.dust control, noise, and. hours of operation, reporting the contractor brought and replaced, heavy equipment at the site from 12:45 a.m. until 1:45 a.m., and voiced her complaint regarding the Police Department's lack of response to that disturbance. Mrs. Strohmeier' stated that should she realize health. problems as a result of this activity, her claim would be presented to the City. She voiced further complaints with, regard to this project, that there has been no guard on the site, there is presently a ditch filled with water, children playing have been injured_on the property, no drinking water had been available to the laborers, that restroom facilities, had been placed in the middle of the Seal Beach Boulevard sidewalk, and that a conflict had. resulted in a labor dispute. Mrs. Storhmeier also, reported that the "Isle de Lopez" marker was missing. In response to Mr. Ambrose's comments, Mayor Hunt stated he I would stand behind his previous statements, noting specifically- that the reference to one hundred forty acres was made, by the speaker at a Homeowners meeting held at the Mary Wilson Library. Councilman, Laszlo announced that the next meeting of the Ad Hoc Traffic Impact Committee would be " held on Tuesday, August 23rd, specifically to receive citizen comments. There being no further comment, Mayor Hunt declared Oral Communications closed. 8-15-88 / 9-6-88 CLOSED SESSION No Closed Session was held. ADJOURNMENT Laszlo moved, second by Risner, to adjourn the meeting at 9:50 p.m. I AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried ~ . ' Q.<~~ . City Cl and ex-off' .. ' of the ~o{ seal Beach Attest: I Seal Beach, California September 6, 1988 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Hunt calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hunt Councilmembers Laszlo, Risner, Wilson Absent: Councilmember Grgas Councilman Grgas arrived at the meeting at 7:03 p.m. Also present: Mr. Nelson, City Manager Mr. Ennes, Assistant City Attorney Chief Stearns, Police Department Captain Garrett, Police Department Captain Maiten, Police Department Mr. Jue, Director of Public Works/ City Engineer Mrs. Yeo, City Clerk I WAIVER OF FULL READING Wilson moved, second by Laszlo, 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 "rea:din9' 'of 'the "Htle unless specific request. 'is inade' at. that t'ime for the 'reading of 'such ordinance or resolution. .' AYES: NOES: ABSENT: Hunt, Laszlo, Risner,'Wilson None Grgas Motion carried