A full-capacity audience was in attendance at the Signal Hill City Council meeting on Sept. 12, because of the council’s packed agenda.
After conducting a workshop, the council agreed to schedule a public hearing about amended zoning to ban all marijuana-related activities allowed under Proposition 64. It also approved the purchase of a comprehensive software system for the City, adopted bylaws for the new Signal Hill Municipal Refinancing Authority and authorized bond refinancing.
Vacant parcels
After conducting a public hearing, the council approved an ordinance requiring owners of vacant properties of more than one acre to install stormwater runoff and sediment controls by April 24, 2018, at the owners’ expense.
As he had explained to the Planning Commission on Aug. 15, John Hunter of John L. Hunter and Associates, the City’s stormwater consultants, also explained to the council that stormwater runoff carries pollutants via storm drains from Signal Hill into two watersheds, the lower Los Angeles River and the Los Cerritos Channel.
While cleaner water has been an ongoing effort for state and federal governments since 1969, the most current regulation, the 2012 Municipal Separate Storm Sewer System Permit (or MS4), approved by the regional water board in 2015, requires more stringent numerical limits on pollutants in stormwater runoff. Such pollutants include metals, pesticides and bacteria.
“Exposed sediment— in other words, vacant lots without vegetation, without gravel— will have an erosion rate that’s upwards of 100 times that of vegetated land,” Hunter said. “Vacant parcels are the largest area of exposed sediment other than construction sites.”
Metals and bacteria are carried into larger bodies of water with that sediment.
“The ultimate goal of this ordinance is to prevent sediment, as best we can, from discharging into stormwater,” Hunter said.
The City has identified 35 parcels that would be affected by this ordinance, spanning 119 acres. These properties are owned by 17 different entities, including Signal Hill Petroleum (SHP), which owns 10, and the City of Signal Hill, which owns seven.
“Ultimately, the property owner is responsible to ensure compliance,” said Assistant Planner Ryan Agbayani.
Owners are also responsible for costs associated with installation and maintenance of control devices, estimated to be between $23,000 and $153,000 over five years, depending on type.
John L. Hunter and Associates has created a manual to help owners navigate the options and costs of devices, which will be available on the City’s website. The consultants will also meet with property owners upon request to help prepare a compliance plan.
Councilmember Larry Forester stated that, according the Federal Clean Water Act, the City could, in fact, be sued for noncompliance up to $30,000 per day by a non-governmental organization, such as Heal the Bay.
“I must say that I’m strongly in favor of this ordinance. But I must warn you that it’s only a start,” he said. “Lawsuits that could happen [!] under the Clean Water Act exist, whether we do this ordinance or don’t do it.”
However, the council’s decision to approve the ordinance was not unanimous, with Councilmember Lori Woods expressing concern that the April 2018 deadline was too soon for property owners to implement a control plan, especially given the costs.
“I would like to propose a recommendation that we set the date further out, but definitely by the storm season at the end of 2018,” she said.
Hunter responded that the April 2018 deadline was to allow time over the summer to work with noncomplying owners before the next rainy season.
“We’re ultimately trying to meet the goals [!] that have been established for each of the watersheds,” added City Manager Charlie Honeycutt. “We have some additional time to get things implemented.”
Alcohol sales
The council also approved a conditional-use permit allowing the future Mother’s Market and Kitchen to sell alcoholic beverages for on-site consumption.
The Planning Commission had already approved design changes to the site on Cherry Avenue, which is owned by SHP and had been occupied by Fresh & Easy from 2010 to 2016.
Senior Planner Colleen Doan reviewed these plans with the council, which include moving parking spaces to accommodate outdoor eating, abandoning two oil wells on the site and changing signage.
Deborah Rubino of Mother’s Market stated that the alcoholic beverages served would be specialized.
“Our beer and wine is a select offering,” Rubino said. “It’s not like your local liquor store.”
Rubino also stated that while the market would be open from 7am to 10pm, the dining-room serving alcohol would close at 9:30pm. The company hopes to open the market before the winter holidays.
Marijuana ban
After hearing a presentation on cannabis management presented by consulting agency HdL Companies, the council unanimously voted to prepare a zoning amendment prohibiting all marijuana-related activities allowed under Proposition 64 and to schedule this amendment for a public hearing before the Planning Commission.
Prop 64, the Adult Use of Marijuana Act (AUMA), was passed in November 2016, allowing the cultivation, sale and use of marijuana for non-medical purposes throughout the state.
Matt Eaton of HdL Companies stated that the proposition passed with a 56-percent approval rating overall, with a 64-percent approval rating by Signal Hill voters.
A subsequent senate bill, SB 94, the Cannabis Regulation and Safety Act, was passed in June 2017, allowing local control over medical and recreational (or “adult-use” ) facilities.
Eaton stated the City has the right to regulate marijuana-related activities given the new law, including creating and enforcing ordinances, and establish zoning and land-use requirements.
“You have the right to continue a ban,” Eaton said.
Eaton recommended considering four questions when deciding how to proceed.
“What industry do we want? What businesses in that industry do we want? Where are we going to put those businesses? And how many businesses do we allow?” Eaton suggested. “Once you answer those questions, then you can circle back and address the revenue question.”
Eaton shared some of the complexities involved in making these decisions, based on his experience in Colorado and other California cities.
For example, the City would have to weigh the costs (including water and power resources, and noise and odor complaints) of individuals growing marijuana at home (up to six indoor plants are allowed for personal use) versus allowing marijuana to be sold in stores.
“If you want to move forward with a ban, then you have to take into consideration the impact that the personal use will have on your community and how you want to address it, and you would want to address that through a robust personal-use ordinance,” Eaton said.
Answering a question by Mayor Edward Wilson about marijuana licenses, Eaton explained that the State could grant licenses if a city doesn’t otherwise prohibit it.
Woods supported at least a temporary ban before Jan. 1, 2018, when the new law would take effect.
“I recommend that we move forward with the zoning ordinance (banning marijuana activity) while we do further long-term study,” she said.
Honeycutt concurred.
“[The ban] would allow us to understand the different types of businesses that are evolving,” he said. “And also understand what the community thinks about it.”
Software system
Turning to internal matters, the council authorized a contract between the City and Tyler Technologies, Inc., for implementation, licensing and support of an enterprise resource planning (ERP) system, for approximately $302,000, plus about $61,500 in recurring annual costs.
The new software solves past City issues with software modules that didn’t “speak” to each other, which impeded information gathering and planning. The ERP system would encompass financial management, personnel management and payroll, permitting and licensing, and utility billing.
“This really is the primary mechanism whereby we deliver timely, accurate and relevant information,” said Acting Finance Director Scott Williams.
“A robust ERP system allows us to engage in financial planning and analysis and not simply financial reporting— looking backward— but future planning.”
A representative from Tyler Technologies stated that full implementation of the new system would take 10 to 12 months.
Services
The council also authorized two contracts for professional staffing services, to CSG Consultants and Interwest Consulting Group, each for a three-year term, at a combined annual cost of $200,000.
In addition, the council agreed to increase the city attorney’s billing rates by about 2.6 percent. The rates had not been adjusted since 2013, and the new rates would stay in effect until 2021.
City Attorney Dave Aleshire stressed that Signal Hill litigation costs are relatively low compared to other cities, such as Bell and Carson.
“We do have two litigation matters going right now, but it’s unusual to have that much,” he said.
Bylaws
Subsequent to its creation by the city council and Housing Authority on Aug. 22, the new Signal Hill Municipal Financing Authority conducted a special meeting to adopt bylaws and a conflict of interest code.
“The bylaws establish that the city council will serve as the board of directors,” said Honeycutt. “The board members will serve without compensation.”
The Financing Authority’s first regular meeting will be Oct. 24, 2017.
Debt management
Pursuant to Senate Bill 1029 requiring municipalities to adopt local debt policies with specific provisions, the council, the council as Successor Agency and the Financing Authority approved a resolution adopting a formal debt management policy.
Suzanne Harrell, the City’s financial consultant, reviewed the purpose of the bill and the City’s debt policy with the council.
“The debt policy includes the types of debt that can be issued, when it’s appropriate to issue debt, [!] the relationship of the debt [to] and integration with the City’s capital improvement program, your policy goals for planning, as well internal procedures,” she said.
As the successor agency to the Signal Hill Redevelopment Agency, the council also authorized the refinancing of the City’s 2007 and 2009 tax allocation bonds.
Harrell explained that the refinancing would reduce the interest rate from approximately 4.95 percent to almost 2 percent, which generates debt service savings of about $2.6 million over eight years.
Fitness fallout
In light of a citywide recreation assessment by Richard Fisher Associates (RFA), presented to the council on Aug. 9, Wilson and Community Services Director Aly Mancini showed a two-minute video by the National Fitness Campaign, touting The Fitness Court, an installable, compact public area with exercise equipment.
Wilson suggested this as a fitness option that could be assessed in terms of viability and location.
Ironically, during public business, Dr. Daniel Hoover pleaded with the council to prevent the City from relocating his free Tai Chi classes, which he has conducted at Hilltop Park for seven years.
After recently being featured in the Long Beach Business Journal and on CNN, Hoover received notice that, due to complaints about the increasing size of his one-hour weekly class, his permit would not be renewed.
“What we offer is a free health service to the population,” Hoover said. “Our class meets the needs of the [RFA] assessment in many ways.”
Though the City has offered Hoover other locations for his class, either the topography or related fees make them non-viable.
About 15 practitioners from Hoover’s class also attended the meeting, and five of them also addressed the council, which could only listen since the issue was a non-agenda item.
“From a marketing standpoint, it’s such a great thing having the Tai Chi up at the top of Signal Hill,” said Nancy Wharton of Long Beach, one of the practitioners. “It’s such a win-win [!], demonstrating ‘out in the light’ programs that you support.”
The next Signal Hill City Council meeting will take place Tuesday, Sept. 26, at 7pm in the council chamber at 2175 Cherry Ave.
