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HomeMy WebLinkAboutCC Min 1989-04-03 3-2-89 / 4-3-89 data would be useful in evaluating the options and alternatives when the Hellman development proposal is again before the Council. Council discussion followed. Grgas moved, second,by Wilson, to authorize the City Manager to conduct further analysis as previously stated, to be available by the meeting of May 1, 1989. AYES: NOES: ABSENT: Grgas, Hunt, Laszlo, Wilson None Risner Motion carried I In response to Councilman Laszlo, the ,City Manager advised that the Council's ,selection of representatives for the Citizens Airport Committee would be agendized for the next meeting. ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION ' No Closed Session was held. ADJOURNMENT Grgas moved, second by Wilson, to adjourn the meeting at 9:18 p.m. AYES: NOES: ABSENT: Gr-gas, Hunt, Laszlo, Wilson None, Risner Motion carried I the Seal Beach, California April 3, 1989 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: I Mayor Hunt Councilmembers Laszlo, Risner, Wilson 4-3-89 Absent: Councilmember Grgas I Councilman Grgas arrived at 7:03 p.m. Also present: Mr. Archibold, Assistant to the City Manager Mr. Stepanicich, City Attorney Mr. Knight, Director of Development Services Mr. Thomas, Finance Director Mr. Jue, Director of Public Works/ City Engineer 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: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried PROCLAMATIONS Mayor Hunt prOClaimed the week of April 21st through April 28th, 1989 as "Global Cooperation for a Better World Week." The Mayor proclaimed the week of April lOth, 1989 as "Child Abuse Prevention Week." Councilman Grgas arrived at 7:03 p.m. I RESOLUTION NUMBER 3844 - TRANSFER OF FUNDS - PUBLIC LIABILITY RESERVE FUND Resolution Number 3844 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL ,OF THE CITY OF SEAL BEACH AUTHORIZING TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE PUBLIC LIABILITY RESERVE FUND IN THE AMOUNT OF FOUR HUNDRED TWENTY THOUSAND DOLLARS ($420,000)." By unanimous consent, full reading of Resolution.Number 3844 was waived. Wilson moved, second by Risner, to adopt Resolution Number 3844 as presented. ' AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I ORDINANCE NUMBER 1283 - ESTABLISHING REOUIREMENTS - PUBLIC SAFETY DISPATCHERS Ordinance Number 1283 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING PENAL CODE REQUIREMENTS RELATING TO THE SELECTION AND TRAINING STANDARDS OF PUBLIC SAFETY DISPATCHERS." By unanimous consent, full reading of Ordinance Number 1283 was waived. Risner moved, second by Wilson, to approve the introduction of Ordinance Number 1283 and that it be passed to second reading. The Assistant to the City Manager explained that the proposed Ordinance is necessary for the City to participate in this particular Peace Officer Standards and Training Program and to receive reimbursement of costs from the State. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried 4-3-89 CONSENT CALENDAR - ITEMS nEn throuQh nOn Councilmember Risner requested Item "Jn removed from the Consent Calendar, and the City Clerk requested Item nEn removed as Councilmember Risner was absent from the March 20th meeting. F. Approved regular demands numbered 73970 through 74120 in the amount of $354,615.27, payroll demands numbered 34416 through 34579 in the amount of $178,480.38, and payroll demands numbered 34580 through 34747 in the amount of $188,407.02 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. G. Denied the claim for indemnity of Century National Properties and referred same to the City's liability attorney and adjuster. H. Denied the claim for damages of Anthony C. Runkle and referred same to the City's liability attorney and adjuster. I. Denied the claim for automobile damages of Rodney Johnson and referred same to the City's liability attorney and adjuster. K. Authorized submittal of the application for SB 821 Bicycle and Pedestrian Facility Program funds in the amount of $8119.00 for fiscal year 1988/89 and authorized the City Manager to execute same on behalf of the City. L. Ratified the proposed west Orange County Water Board budget for fiscal year 1989/90. M. Rejected the bids for Project Number 599, Reconstruction of Dogwood Avenue and Marigold Street, and authorized the City Manager to r-eadvertise for bids, adding Heather Street to the project. N. Rejected the bids for Project Number 587 and 588, Water Main Replacement in the Third Street Alley and Sewer Line in Twelfth Street, and authorized the City Manager to readvertise for bids, including the rerouting of a portion of the sewer system in the vicinity of private property located at 202 Second Street. I I o. Received and filed the report from the Director ,of Development Services regarding the Orange County Hazardous Waste Management Plan, the public hearing thereon scheduled for April 17, 1989. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM nE~ - APPROVAL OF MINUTES Laszlo moved, second, by Grgas, to approve the minutes of the regular meeting of March 20, 1989 as presented. 4-3-89 AYES: NOES: ABSTAIN: Grgas, Hunt, Laszlo, Wilson None Risner Motion carried I ITEM nJn - PROPOSED GENERAL TELEPHONE EXCHANGE ZONE CHANGE The Assistant to the City Manager explained that proposed General Telephone exchange zone change, pending before the Public utilities Commission, would cause calls from the Long Beach, Seal Beach, and Los Alamitos calling area to the Norwalk area to be a toll call rather than a local call. Risner moved, second by Laszlo, to receive and file the report regarding the GTE zone change. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried APPOINTMENT - DEPARTMENT OF WATER AND POWER ADVISORY COMMITTEE Risner moved, second by Laszlo, to accept the Downtown Seal Beach Business Association nomination of Mr. John Baker to fill the vacancy on the Department of Water and Power Advisory Committee. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried APPOINTMENTS -,AD HOC AIRPORT CITIZENS COMMITTEE Councilman Grgas requested that the District One appointment to the Committee be held over. I Councilman Laszlo reported that the Airport Site Coalition has sent a,questionnaire relating to crciteria selection for airport sites to representatives to the Coalition for completion before the upcoming Saturday meeting, noting that the Rossmoor Service District and Los Alamitos have received the document, and since Seal Beach did not, he has requested it. He suggested it may be worthwhile to meet with representatives of Rossmoor and Los Alamitos to review the questionnaire, and stated he would provide additional information to the Committee appointees. Councilmember Risner reported she did not have a nominee to the Ad Hoc Committee at this time, and invited any resident of Council District Three interested in serving on this Committee to leave their name and telephone number with City Hall, and that she would then contact them. Councilman Laszlo nominated Mrs. Patty Campbell, 4433 Ironwood, to the Airport Committee, Councilmember Wilson nominated Mr. Robert Jerue, 12300 Montecito Road, and Mayor Hunt nominated Mr. Robert Jaeschke, l3550 Del Monte Drive. Risner moved, second by Wilson, to approve the appointment of the nominees. Councilman Laszlo noted the importance of input by the Citizens Committee members to the Site Coalition, also suggested that those persons in the community who have been attending the meetings continue to do so. I AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried REQUEST - EASTER,PARADE FUNDING After brief discussion and expressed recognition by members of the Council of the benefit to the community of the annual Easter Parade event, Risner moved, second by Grgas, to waive the cost of $1114.89 for City services associated with the Seventh Annual Easter Parade, as requested by the Seal Beach Business Association. The Assistant to the City Manager 4-3-89 reported the funds would be appropriated from the Non- Departmental Account. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried PIER SIGN - RUBY'S DINER The staff reported that the request of Ruby's Diner for consideration of a sign at the pier entrance to highlight I identification of the pier, sportfishing, and the restaurant, had been withdrawn by the applicant. PROGRESS REPORT - HELLMAN SPECIFIC PLAN - REFERRAL OF ALTERNATIVES The Director of Development Services presented the staff report regarding the status of the alternatives and the Supplemental Environmental Impact Report, noting that the Draft EIR has been submitted for the thirty day review period which will expire April 24th, and that the Environmental Quality Control Board will be considering the Draft EIR on April 18th. Mr. Knight also reported that Mola Development had requested staff to explore avenues to accelerate the review schedule as the result of potential conflicts of a business nature that Mola may encounter with the property owner. He noted that although the Council has no legal obligation,to accelerate the process, staff had prepared potential approaches for consideration to realize a time saving in reviewing the alternatives. He explained that the current process could go forward with the public hearing continued until May lst at which time the alternatives and supplemental EIR would be considered, the Council having the option to reject all alternatives and approve or deny the current proposal, or refer one or more alternatives to the Planning Commission for consideration I under public hearing, noting however that responses to comments on the EIR will not be completed by May 1st therefore the decision on the alternatives could not be made until May 15th, therefore if a referal is made to the Planning Commission the item would not return to the Council until ,July. Mr. Knight stated that an option to the current process would be that the Council refer all alternatives to the Commission at ,this time, however Council could not reject alternatives or provide firm direction to the Commission, another option being to allow a separate application by Mola Development on one of the proposed alternatives. ,The City Attorney recalled the action of the Council on January 16th to continue the public hearing until May,lst at which time the Supplemental Environmental Impact Report was to be received and the alternatives considered, and if an alternative was determined to be preferred it would then be referred to the Planning Commission. He added that given the nature of the actions to be taken on the proposed zone change, Specific Plan amendment, and the Tentative Tr-act, it would not be appropriate to receive testimony from the public or the applicant at this time outside of the continued public hearing process, and recommended that discussion by the Council be confined to the optional actions set forth by the staff. With regards to Mola filing a second application, the City Attorney noted I that while the Council does have the discretion to allow more than one application to be pending, that would be something that would normally not be done, and at this point in the process competing applications may be confusing, therefore staff options one or two may be ,a preferable procedure. He clarified that if Mola were to withdraw their pending application they would have the option of filing another, or if the City determined to allow a second application to be filed there would be nothing that would 4-3-89 I legally prohibit such action. He explained that staff's option two would allow some time saving however would eliminate one phase of the process where Council's intent was to act as the screening body of the alternatives prior to referral to the Commission. Councilmember Risner commended the Mola Corporation for their efforts in meeting with local citizens since January in an attempt to develop a plan that more closely addresses the desires of the community, and indicated her preference to go forward with the normal processing procedure and make a selection for referral to the Planning Commission, Parks and Recreation Commission, and the Environmental Quality Control Board on May lst. She asked if the Council would consider allowing Mola to file a second application if they chose to do so. The City Attorney noted that the issue with staff's option three would be that there would then be more than one application for one parcel of property and would be allowed only with the concurence of the City under extraordinary circumstances. He clarified that an alternative is not the same as an application and that the developer could propose other alternatives, pointing out that the alternatives that are currently being considered are those that the Council so directed. Councilmember Risner noted that a new proposal, the result of citizen input, has been been developed, referred to as a R412R or RB_2R plan, however there appears to be no method of including this proposal in the process unless Mola were to officially file an application. In response to the,Council, the City Attorney suggested that at the May 1st meeting the developer could suggest changes to the configurations of the plan or alternatives, the Council having the opportunity to consider any number of variations, however keeping in mind that the impact of the variations must fall within the scope of the Supplemental EIR, also that Mola could work with the staff in the interim to further refine the alternatives. With regard to making the new proposal known to the public, Mr. Stepanicich suggested that the developer could independently make the plan's concept known to the community, they could also comment on it through the public review process of the EIR. He advised that there would be no objection to members of the Council discussing the proposal with individuals, however he would recommend against the Council as a body discussing the proposal due to the continuation of the public hearing. With regard to upcoming considerations, the Director again noted that the review period for the EIR will expire April 24th, reported that the responses to comments will not be completed by the May lst meeting therefore will be submitted for May 15th, and ,that the Environmental Quality Control Board will be considering the Supplemental EIR on April 18th. I Grgas moved, second by wilson, to receive and file the Hellman Specific Plan progress report. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I MODIFICATION OF CITY HALL ' The Director of Public Works presented the staff report relating ,to modification of City Hall by the addition of a room on the second floor to be used by Comcast Cable for televising meetings ,held in the Council Chambers, and a proposed second room for future City Hall use as a conference room or for storage. Mr. Jue noted Council conceptual ,approval of ,the Comcast facility at the February 6th meeting, however at that time postponed approval for the second room pending review of the design by the architect of the Administration Building, and reported that the few 4-3-89 modifications made by the architect have been incorporated into the design. Mr. Jue requested direction as to the Council's desire to construct the second room in conjunction with the cable facility or at some future time. He noted that the cost for the two hundred forty square foot second room would be approximately $6,000 for materials and $6,000 for City labor, the Cable Foundation funding the cable facility, and that an approximate $1000 savings would be realized by constructing the two rooms at once. He also reported the goal is to complete the Comcast facility by the end of June. Councilmember Risner indicated her desire to review the plans, also to postpone a decision on the second room until budget considerations. Councilmembers Laszlo and Risner suggested that this item be held over to allow review of the information and plans for the second room. Discussion continued. I Grgas moved, second by Hunt, to approve the construction of the two rooms on the second floor of City Hall. AYES: NOES: ABSTAIN: Grgas, Hunt, Wilson None Laszlo, Risner Motion carried Councilman Grgas advised that he would be absent from the next City Council meeting. Mayor Hunt, with consent of the Council, declared a recess at 8:00 p.m. The Council reconvened at 8:15 p.m. with Mayor Hunt calling the meeting to order. CITY ATTORNEY ANALYSIS - AD HOC TRAFFIC COMMITTEE RECOMMENDATIONS In response to Councilman Laszlo, the City Attorney advised I that the memorandum presented to the Council, a~ the request of the Council, was confidential since it addressed various areas of law considered to be uncertain at this time, and that it would be at the discretion of the Council whether it is to be made a public report. Mr. Laszlo stated that even though he had not had the opportunity to thoroughly review the report, he did note reference to police power, nexus, and contract agreements, however did not see a reference to the possiblity of the City allowing a zone change in exchange for,certain enhancements. The City Attorney responded that in discussing the second option the report states that the City has the discretion to deny a request for zone change that would increase entitlements, the only caveat being that there be some use of the property under existing zoning. The report also stated that the City could negotiate to obtain some additional benefits as part of a development agreement, the City and developer first of all having to agree to enter into such agreement, and explained that if such agreement were not entered into and the Council determined traffic conditions were such that the impact of the zone change was not appropriate, the zone change could be denied. Councilman Laszlo also made reference to and questioned the possibility of an initiative that would deny the Council from approving a zone change unless there was agreement with the developer to improve traffic,to a level I of service "DR. The City Attorney responded that a danger could be that a,court may ,strike down such initiative since the purpose of a development agreement is that each proposal be negotiated,on a ,case by case basis. He noted that there is p~esently,uncertainty as to the powers of a city to impose mitigation measures, and made reference to the San Clemente case where the court focused on the provision of the intiative that essentially provided that any general plan or zone Change could not be approved unless the stated 4-3-89 1 level of service was achieved. The court having struck down the entire initiative, which is now on appeal. He added that based upon the Orange County trial court cases, there being three by April, he felt there to be a risk in proposing such initiative which could be deemed invalid by the courts. Councilman Grgas stated his understanding of the confidentiality of the report from the City Attorney from a legal standpoint, however he felt it should be made available to the public. He made reference to the initiatives similar to the one recently on the Seal Beach ballot that has been declared unconstitutional, also a number of court cases that argue strongly that if exactions are to be made on any development that there has to be a nexus between the exaction and the impact of the project. He recommended that if any such initiative is to be proposed in the City there would need to be some assurance that it would withstand legal challenge, which will be unknown until such time as the appellate court decisions are known, also that any initiative would need to show the intent to provide a nexus between the impact and the exaction. Mr. Grgas suggested that the report be provided to the members of the Ad Hoc Traffic Committee, that consideration be given to the Committee again meeting to discuss and evaluate the report and possibly submit further comments or suggestions, and that nothing be proposed pending the appellate court decisions. Councilmember Risner supported releasing the report to the Traffic Committee and other members of the public, however suggested that before it is discussed by another group that it be thoroughly discussed at the Council level, ,and requested that this matter be held over until the next meeting. Mayor Hunt spoke in support of holding this item over, ,stated he felt the report was a good basis for any legislation that the City may ultimatley develop, and reiterated his previous commendation of the efforts of the Traffic Committee. I Risner moved, second by Hunt, to hold this item over to the next meeting, and that the memorandum from the City Attorney be made public. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I CITY COUNCIL ITEMS Councilman Grgas requested that attention be given to the beach tot lot, that it be repaired and cleaned prior to the summer beach crowds. Councilman Laszlo suggested that the Council review the pursuit policy of the Police Department and possibly provide some input to it. Councilmember Risner pointed out that there was discussion and review of the pursuit policy by the Department some months past, and suggested that it would be adequate to provide the Council with information regarding the policy rather than placing the matter on the agenda. Councilman Laszlo reported the recent noise problem affecting certain College Park East residences was due to a water pump located on the Weapons Station, and that it has been corrected. Councilmember Risner made reference to a Wilderness Day to be held at Gum Grove Park on April 15th and requested that the ruts in the area between the parking lot and the pathway to the entrance of Gum Grove be, repaired, also reported a large hole in the fence that allows access of four-wheel drive vehicles onto the Hellman property that is in need of repair. Councilmember Wilson reported complaints regarding holes in the alleyway behind the Career School of Beauty in Rossmoor, thought to be the result of the water main in that area, and requested that it be inspected and possibly the responsible water company be contacted for repair. 4-3-89 ORAL COMMUNICATIONS Mayor Hunt declared Oral Communications open. Mr. Galen Ambrose, Wetlands Society, stated his understanding that there was to be a scoping session prior to completion of the Draft Environmental Impact Report for the Hellman development. The City Attorney confirmed that there was discussion of holding a scoping session and offered to make inquiry of the Development Services Director in that regard, I explaining that it is now the time for comments and any appropriate revisions to the environmental document, and noted that the EQCB will be conducting a hearing on the Supplemental EIR. Mrs. Risner recalled that it was the Council's desire that a scoping session be held with the environmental consultant, suggesting that perhaps it should still be held. Ms. Jane MCCloud, 700 Balboa Drive, suggested that instead of repairing the fence at the Gum Grove that possibly one of the number of large existing stumps could be placed in front of the hole. Mr. Joe Bommarito, 1213-1/2 Seal Way, expressed his complaint with regard to being cited for swimming around the municipal pier pursuant to Section 4-8.4(a) of the Municipal Code, stated he felt he was treated unfairly and unequal under the law, also that the swimming areas are not designated as was required by 1961 Code Section 22-134, and as a long distance swimmer did not feel he was endangering himself or others. Council noted that the Code provides for swimming within two hundred yards of the beach, that it may have been felt that there was a danger from persons fishing from the pier, also that persons have been swimming around the pier for a number of years. After some discussion, the City Attorney offered to review the Code sections and report back to the Council. Councilman Grgas noted a number of questions regarding the oil rig anchored ,off-shore, and r,eported it is in that I location on a temporary basis only. There being no further communications, Mayor Hunt declared Oral Communications closed. CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss personnel matters. The Council, by unanimous,consent, adjourned to Closed Session at 8:50 p.m. The Council reconvened at 9:25 p.m. with Mayor Hunt calling the meeting to order, and the City Attorney reported the Council had met with staff to discuss the item previously reported and that no action was taken. ADJOURNMENT Laszlo moved, second by Risner, to adjourn the meeting at 9:27 p.m. AYES: Grgas, Hunt, Laszlo, Risner, Wilson NOES: None Motion carried I Approved: Attest: