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HomeMy WebLinkAboutCC Min 1988-10-03 10-3-88 Seal Beach, California October 3, 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 Grgas, Laszlo, Risner, Wilson I Absent: None Also present: Mr. Nelson, City Manager Mr. Stepanicich, City Attorney Mr. Jue, Director of Public Works/ City Engineer Mr. Archibold, Assistant to the City Manager Mrs. Yeo, City Clerk 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: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried PROCLAMATION Mayor Hunt pr,oclaimed October 9th through October 15th, 1988 as "Fire Prevention Week." Captain Johnson, Orange County I Fire Department, reported the theme for 1988 is "A Sound You Can Live With", emphasizing the use of fire detectors, and advised that the Orange County Stations will be holding open house for the benefit of the public on Saturday, October 15th. AGENDA AMENDED Councilman Grgas requested that appointments to boards and commissions be considered early in the agenda, explaining the necessity that he leave the meeting early. Wilson moved, second by Grgas, to consider agenda item "M" out of order at this time. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried APPOINTMENTS - BOARDS and COMMISSIONS proiect Area Committee Councilman Grgas moved to appoint Mr. Leonard Raif as the resident member and Mr. Robert Herron as the business member of the Project Area Committee representing District One for the unexpired terms ending July 1989. Councilmember Wilson seconded the motion. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I Risner moved, second by Grgas, to approve the appointment of the Seal Beach Historical Society nominee, Mr. Joe Kalmick, to the Project Area Committee for the unexpired term ending July 1990. 10-3-88 AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried Councilmember Risner moved to appoint Mr. John O'Neil as resident member of the Project Area Committee representing District Three for the unexpired term ending July 1989. Councilman Grgas seconded the motion. I AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried Department of Water and Power Advisorv Committee Councilmember Wilson moved to appoint Mrs. Allene Harding to fill the vacancy on the Department-of Water and Power Advisory Committee from District Two. Councilmember Risner seconded the motion. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried PUBLIC HEARING/PROPOSED ORDINANCE 1276 - BUSINESS LICENSE TAX Risner moved, second by Wilson, to postpone the public hearing-to consider revision of the business license tax until the regular meeting of November 2lst. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I PROPOSED ORDINANCE - BEACH ATHLETIC ACTIVITIES Councilman Grgas requested that this item be held over to allow an opportunity to discuss the regulations proposed with the residents ,along Seal Way, and given the schedule of business -that is forthcoming to the Council in upcoming weeks, moved that this matter -be postponed until the first meeting in January. Councilmember Risner seconded the motion. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried RESOLUTION NUMBER 3815 - HONORING CASEY RUSSELL BOWEN - EAGLE SCOUT AWARD Resolution Number 3815 was presented to Council and read in full by Councilman Laszlo entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING CASEY RUSSELL BOWEN FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD." Laszlo moved, second by Wilson, to adopt Resolution Number 3815 as presented. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3816 - HONORING MICHAEL SCOTT TORNOW - EAGLE SCOUT AWARD Resolution Number 3816 was presented to Council and read by Councilman Laszlo entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING MICHAEL SCOTT TORNOW FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD." Laszlo moved, second by Risner, to adopt Resolution Number 3816 as presented. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried Councilman Grgas excused himself from the meeting at 7:29 p.m. 10-3-88 RESOLUTION NUMBER 3817 - AD HOC TRAFFIC IMPACT COMMITTEE - TIME EXTENSION - DECEMBER 13. 1988 Resolution Number 3817 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, EXTENDING THE FORMATION OF THE AD HOC TRAFFIC IMPACT COMMITTEE." By unanimous consent, full reading of Resolution Number 3817 was waived. Risner moved, second by Wilson, to adopt Resolution Number 3817. Councilman Laszlo stated that since the Committee commenced their meetings in August, there has only been slight concurrence on goals and objectives given the different views of the members of the Committee, and noted the recent defeat of a motion-to adopt a minimum level of service "D- for all of Seal Beach and inclusion of a comprehensive list of problem intersections. He voiced objection to a recent news article and comments of a Committee member in support of past traffic mitigation measures, stating his feeling that Seal Beach citizens believe there are traffic problems that need to be dealt with, and suggested that possbily there should be direction from the Council as to whether developers should be required to pay for improvements to meet a level of service "D" whether or not they are the entire cause ,of the problem. Councilmember Risner noted her understanding that comments had been made by members of the Committee that past traffic mitigation had been based on traffic impact studies and all legal methods of mitigation, also that it had been suggested that developers could be required to participate in a t~affic impact fee program that would assist the City in solving problems that may not have been identified by a traffic analysis. Mayor Hunt spoke in support of the time extension, also voiced optimism regarding the ultimate solutions that will be forthcoming from the Committee, noting that the community does demand sensible growth and traffic controls, the Committee's task being to develop comprehensive, sensible, yet simple guidelines that can be placed in appropriate legal format while avoiding violation of individual and property rights, and with no special interests. Mrs. Elizabeth Ellis, 213 - 13th Street, co-chairman of the Traffic Impact Committee, spoke in support of the Committee's progress to date in meeting their goals, and also for the requested time extension. Mr. Laszlo stated he did not feel traffic mitigation has been successful in the past, and that any large development that has a traffic impact should be required to mitigate to a level of service "D", mitigation versus traffic fees being a controversy of the Committee, and that he felt traffic fees may be appropriate in some areas however not in others. He reported comments at the last Committee meeting that Pacific Coast Highway should be widened, mitigated, and paid for by the State, which would tend to hinder reaction to needs of other areas in the City. Councilmember Risner noted that the Council has taken a position against widening of Pacific Coast Highway, and Councilmember Wilson added her feeling that any solution of traffic problems is going to requi~e the cooperation of other cities with Seal Beach, noting also that legislation is being proposed dealing with traffic problems. Discussion continued and the members of the Council voiced their support for the efforts of the Traffic Impact Committee. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried CONSENT CALENDAR - ITEMS "G" THROUGH "K" The City Manager requested that Item "G" be removed from the Consent Calendar. Wilson moved, second by Laszlo, to I I I 10-3-88 approve the recommended action for items on the Consent Calendar, except Item "G", as presented. I H. Approved the minutes of the regular meeting of September 19, 1988. I. Approved regular demands numbered 71850 through 72034 in the amount of $551,747.72, and payroll demands numbered 32057 through 32253 in the amount of $194,291.50 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. J. Authorized the advertisement for bids for six replacement police vehicles as approved in the 1988/89 budget. AYES: NOES: ABSENT: K. Authorized a time extension-until November 21, 1988 for submittal of the annual audit report by Diehl, Evans & Company, as the result of the transition from cash basis to accrual basis accounting. Hunt, Laszlo, Risner, Wilson None Grgas Motion carried I MINUTES - SEPTEMBER 6. 1988 The City-Manager corrected a statement under Oral Communications to read "...the City could negotiate with Hellman over a possible condemnation and reduction of their capital gains tax...", Councilmember Risner revised a statement under the 2020 Plan discussion to read "...if there was an action the City could take, perhaps through condemnation, to assist with the purchase of this land...by the Ports", and Councilmember Wilson corrected a typographical error to read "...cubic yards of dirt removal." Wilson moved, second by Risner, to approve the minutes of the September 6, 1988 meeting as corrected. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried I REQUEST - AD HOC TRAFFIC,COMMITTEE Mayor Hunt noted the request of the Ad Hoc Traffic Committee that the Council support by resolution, Senator Bergeson's proposal to form a committee to explore regional solutions to traffic problems and regional coordination of land use decisions to assist in such solutions. The City Manager reported staff has had contact with the Senator's office and it was suggested that -the Council may wish to postpone any action at this time pending receipt of information as to the appointments to and responsibilities of the committee. Councilmember Risner pointed out that to date the appointed members are mostly representative of central and south rather than west Orange County, stating she felt there should be League and city representatives on the Committee, with equal representation between the Supervisorial Districts. Risner moved, second by Wilson, that a letter be forwarded to Senator Bergeson commending her efforts toward the formation of such a committee, however expressing the City's concerns with regard to representative membership on that committee. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried 10-3-88 Mayor Hunt suggested that the City Manager bring the previous item back to the Council for consideration at such time as it is deemed appropriate. CITY COUNCIL ITEMS It was the consensus of the Council that only those items relating to the Mola development be placed on the November 7th Council agenda, unless an item is determined to require immediate attention, as requested by Mrs. Risner. I Councilmember Risner asked that information she has accumulated relating to golf courses in Orange County with regard to nine-hole, eighteen-hole, public, private, yardage, acreage, etc. be provided to each member of the Council, also that the Council receive copies of letters from Mr. Lee Risner that were submitted to the Project Area Committee and Planning Commission-regarding the Mola project. Councilmember Risner asked that the Council consider establishing guidelines for the conduct of the November 7th meeting relating to-the Mola development proposal, a reasonable time limit for the presentation by the developer, possibly five minutes for individual members of the audience and twenty minutes for group presentations, with no decisions made afte~ midnight. The Mayor suggested that the City Manager, in conjunction with the City Attorney, establish a schedule for that meeting. At the request of Council, the Mayor declared a recess at 8:11 p.m. The Council reconvened at 8:19 p.m. with Mayor Hunt calling the meeting to order. Noting the interest in the proposed project, Councilman Laszlo expressed support for as much citizen input as possible,-within reasonable limits. Councilmember Wilson I pointed out that during the Planning Commission deliberations the developer had appropriately been allowed to respond to questions of the Commission and public. She also expressed her desire that members of the Traffic Committee be referred to as such rather than pro-development or pro-citizen members. Councilmember Risner again spoke regarding the format for the November 7th meeting, suggesting five minutes for individual presentations, twenty minutes for a group, possibly an hour for the developer's presentation, with developer responses allowed to Council questions, that no new information be allowed after the public hearing is closed, and questioned how the public can comment on new information that is presented after the close of a hearing as had occurred at the Planning Commission. The City Attorney responded that when conditions are being revised during deliberations, an issue is always whether or not a developer is willing to agree to those conditions, thus it would be necessary for the developer to respond. He reported that during the planning Commission consideration of the project the developer did respond to questions of the Commission for technical clarification and whether revision of certain conditions were acceptable. He added that the public will have an opportunity to comment at the City Council hearing on the 6.8 acres proposed at the Commission meeting for Gum Grove park, the final decision as to the I location of that acreage would be at the discretion of the Council. Mr. Stepanicich explained that constitutionally in California a developer has the right of final testimony or response in this type of matter, however it is preferable that questions be directed during the course of the hearing. Discussion continued. Mayor Hunt pointed out that if guidelines are established for the subject hearings, the number of hours to be devoted for that purpose should be the first consideration, that any limitations should apply to the public as well as the Council, stating he would support 10-3-88 a four minute comment period as the Planning Commission had. Councilmember Wilson added that she felt a restriction on repeated comments and information would be equally as important as a time limit. Risner moved, second by Laszlo, to establish five minutes as the period of time for public comments. I AYES: NOES: ABSENT: Laszlo, Risner Hunt, Wilson Grgas Motion failed To expedite the discussion, Councilman Laszlo moved to establish a four minute limit on public testimony, with the assumption that a final decision on this matter will not be made until the November 7th meeting with Councilman Grgas present. Mayor Hunt seconded the motion. AYES: NOES: ABSENT: Hunt, Wilson Laszlo, Risner Grgas Motion failed I Laszlo moved, second by Risner, that the meetings to consider the Mola Development proposal be concluded sometime between the hour of 11:00 p.m. and midnight, at the discretion of the Mayor. Mayor Hunt again stated that if such time restraints are adopted, the Council must likewise adhere to such limitations, however it is quite possible that the issues can be dealt with in a timely manner without specific limits, ,and pointed out that if deliberations and decisions are not concluded within the legal time frame, and should the developer not choose to agree to a time extension, the development would be deemed to receive automatic approval by the absence of a final action. Discussion continued. Councilman Laszlo indicated his desire to withdraw the motion, and stated if the upcoming meetings appr;oach midnight, he would be supportive of a motion to adjourn. Councilmember Risner voiced support for the motion and a vote thereon, with Mr. Laszlo's agreement. AYES: NOES: ABSENT: Laszlo, Risner, Wilson Hunt Grgas Motion carried With regard to moving the hearings relating to the Mola development proposal to McGaugh School, it was confirmed that a conflict exists for the use of those facilities, therefore the meetings would be held at Council Chambers. I Councilmember Risner reported that the Gum Grove Park group had submitted a request to the Harbors, Beaches and parks Commission to set aside an amount not to exceed $200,000 for improvements in Gum Grove Park if the 10.5 acres become available to the City, and advised that the motion unanimously approved by the Commission was that they would favorably consider the request, asked that the Commission staff be kept apprised of the progress towards obtaining this property, thereafter the staff would make recommendations to the Commission for consideration. Mrs. Risner also reported there are undesignated monies in Supervisor Wieder's Urban Park Fund, and suggested that the Supervisor be requested to set aside some of those monies for urban park projects in Seal Beach. Councilmember Risner spoke of the monies that would be forthcoming to the City over a number of years should the Mola project be approved, particularly through tax increment and Quimby fees, and stated that based upon inquiries she has received, she felt that the public should be informed as to how it may be 10-3-88 perceived that those monies will be spent and where. Mrs. Risner referred to her support over the years for park related issues by other members of the Council in other areas of the community, and expressed her disappointment that that support is not being reciprocated of her request for retaining Gum Grove park, the only park in her area which provides neighborhood as well as community benefit, and requested that the Council consider what could be accomplished in that area with minimal funds. ORAL COMMUNICATIONS Mayor Hunt declared Oral Communications open. Mr. Galen Ambrose, 613 Seabreeze Drive, asked that his remarks be made part of the record and provided the Council at the next meeting. Mr. Ambrose took exception to the procedures of the Planning Commission in allowing Mr. Kirk Evans to speak after the close of the public hearing, stated he hoped the Council would not allow the Tract Map to vest by default, and expressed his view that seeking monies for the Park would not be of significance since the Redevelopment Plan is amended each time a development is proposed. Mr. Ambrose inquired if any information had been provided relating to the Gion Dietz decision in relation to the Hellman property and Gum Grove Park. The City Attorney responded that a number of questions had been addressed in a recent report to the Council, that the Gion Dietz case had not been addressed, however would be if the Council so desired. Councilmember Risner recalled that the request for interpretation of the Gion case had been made through Assistant City Attorney Ennes. Mr. Ambrose expressed his opinion that the Environmental Impact ' Report should be redone due to the major changes that will effect the project, the wetlands issue, the pesticides, and amount of water that will be used to maintain the golf course, etc., stating the EIR is not in compliance with CEQA, and,that it does not address the traffic impact at the 405 Freeway and Seal Beach Boulevard. Mr. Ambrose took exception to the $20,000 expenditure to obtain a fiscal impact report on the development, stating such report should have been part of the EIR, paid for by the developer. Mr. Ambrose noted that over three hundred persons have attended recent meetings in opposition to the project as it currently exists, and stated the Gum Grove Park and Wetlands Society is trying to do anything possible to stop the project as it is not felt to be in the best interest of the people. Mr. Ambrose referred to a Los Angeles Times ar;ticle, which he later read in part, regarding the loss of wetlands, in which he reported it was stated that the State and Federal government does not look over the public interest in that regard as has been stated at recent City meetings, therefore it becomes the responsibility of the City. He also-expressed his feeling that any misinformation being circulated has been done by the Planning Commission and City Council, not the Wetlands group. Mr. Ambrose read various provisions of the California Environmental Quality Act specifically relating to maintenance of high quality ecological systems, natural resources, and the environment, which he stated their group believes this project violates. Mr. Ambrose asked that the Council look further into his concerns, consider the funding sources that he had previously submitted with the understanding that the land will need to be purchased in order to remove this property from development, and with the belief that a nature park and wetlands area ,Js of more benefit to the citizens tba~,,~ondominium~, ~oise and a stressful atmosphere. Mr. Ambrose aadea that, he would support a limit on the length of upcoming"meetihgs, and that he felt the development firm would agree to additional sessions. Mr. Larry Wheeler, 142 - lIth Street, reported I I I I I I 10-3-88 attending the Planning Commission meetings regarding the development proposed and expressed his feeling that the Commission did not listen to the public input, and that his neighbors do not want the Mola plan, the condominiums, the congestion, the parking problems, nor a pitch and putt golf course. Mr. Wheeler asked that this plan be given further consideration, that public input not be limited, and that the Council listen to citizen concerns. Mr. Mark Riley, 715 Carmel Avenue, agreed with the remarks of the previous spea~er, and referred to comments earlier in the meeting regarding traffic concerns in Orange County, then questioned why consideration is being given to allowing the Mola development that will bring more people to Seal Beach. Mr. Ambrose again addressed the Council, requesting that the Wetlands Restoration group be allowed to make a twenty minute slide or video presentation during the Mola hearings. Discussion continued regarding the request. Risner moved, second by Laszlo, to allow the presentation by the Gum Grove and Wetlands Restoration group at some time during the Mola development public hearings. AYES: NOES: ABSENT: Laszlo, Risner Hunt, Wilson Grgas Motion failed The City Attorney advised that the request of the group could be consideIed at the time of-the public hearing. There being no further comments, Mayor Hunt declared Oral Communications closed. CLOSED SESSION The City Attorney announced the Council would meet in Closed Session pursuant to Government Code Section 54956.9(a) to discuss a claim of Walter Miller pending before the City and the legal action of the Coastal Commission versus Surfs ide Colony Homeowners Association and the City of Seal Beach pending in the Orange county Superior Court. By unanimous consent, the Council adjourned to Closed Session at 9:25 p.m. The Council reconvened at 9:40 p.m. with Mayor Hunt calling the meeting to order, and the City Attorney reporting the Council had discussed the matters previously announced. Councilmember Risner asked if the Surfs ide Redevelopment Project Area would be dissolved if the Surfside debt no longer exists. The City Attorney responded that the question would be looked into. ADJOURNMENT Wilson moved, second by Laszlo, to adjourn the meeting at 9:42 p.m. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried of the Attest: ' Approved: