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HomeMy WebLinkAboutCC Min 1998-01-26 1-12-98 / 1-26-98 Attest: I Approved: Seal Beach, California January 26, 1998 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor ProTem Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Brown Councilmembers Campbell, Forsythe, Fulton Absent: Mayor Hastings Brown moved, second by Campbell, to excuse the absence of Mayor Hastings from this meeting. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA Fulton moved, second by Campbell, to approve the order of the agenda as presented. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session pursuant to Government Code Section 54957.6 for a conference with the City's labor negotiator, Mr. Avery, with regard to the Orange County Employees Association and the Police Officers Association. The Council adjourned to Closed Session at 6:32 p.m. and reconvened at 7:01 p.m. with Mayor ProTem Brown calling the meeting to order. The City Attorney reported the Council had taken no action. I Forsythe moved, second by Fulton, to adjourn the meeting at 7:02 p.m. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried 1-26-98 Approved: D ex-of icio clerk Seal Beach c~ I Attest: Seal Beach, California January 26, 1998 The City Council of the City of Seal Beach met in regular session at 7:03 p.m. with Mayor ProTem Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Brown Councilmembers Campbell, Forsythe, Fulton Absent: Mayor Hastings I Brown moved, second by Fulton, to excuse the absence of Mayor Hastings from this meeting. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Worksl City Engineer Chief Sellers, Police Department Mrs. Yeo, City Clerk APPROVAL OF AGENDA Fulton moved, second by Forsythe, to approve the order of the agenda as presented. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried I PRESENTATIONS MAYOR's BUSINESS BEAUTIFUL AWARD Mayor ProTem Brown explained that the Mayor's Business Beautiful Award not only recognizes businesses and individuals for their good work and beautification, it is also the conveyance of the spirit of Seal Beach, the small town atmosphere, treating people in a manner in which they too would like to be treated, all of which made the selection decisions difficult. He announced that there are two winners for the area south of Westminster Avenue, in some six months . 1-26-98 those businesses north of Westminster will be considered, and invited the representatives of the Seal Beach Inn and Gardens and Seal Beach Ice Cream to approach the podium. Mayor ProTem Brown presented Marjorie Bettenhausen with a certificate of recognition. Mrs. Bettenhausen expressed appreciation for the recognition, noted that the past twenty- one years have been devoted to improving this historical local property, providing artifacts and historic furnishings from throughout the country and world, and the Inn has been chosen as one of the top twelve in America. Mayor ProTem Brown also presented a certificate of recognition to Main Street Ice Cream. Mr. Randy Farah accepted with appreciation, and in turn commended the efforts of co-owner Ms. Linda Kessman for making the business a success. I EMPLOYEE RECOGNITIONS - TWENTY YEARS SERVICE / RETIREMENT Chief Sellers reviewed the work accomplishments of Officers Kevin Vilensky and Rick Paap and presented tile plaques to each commemorating their twenty years of service with the City of Seal Beach. The Officers each expressed appreciation for the recognition, citing the residents, business community, and co-workers as making their work environment enjoyable. Chief Sellers also presented a commemorative plaque to Lt. Mollohan upon his retirement, offering an overview of the Lieutenant's work accomplishments during his thirty years of service as well as public affiliations. Lt. Mollohan expressed appreciation for the recognition and commended the Police Department workplace. I Mayor ProTem Brown read a summary of the work experiences of Ms. Stephanie Stinson over the past twenty years, and presented her with the City tile plaque in appreciation. ORAL COMMUNICATIONS Mayor ProTem Brown declared Oral Communications open. Ms. Donna McGuire, College Park East, called attention to a letter received by the City from the Department of Transportation, Aeronautics Program in November, 1997 which relates to the withdrawn Bixby mixed use plan and the current plan that will shortly be before the Environmental Quality Control Board, an excerpt from the letter citing concern with the assisted care facility which is to be located approximately one mile from the end of the AFRC runway; the CalTrans Airport Land Use Handbook identifies certain land uses in addition to residential that are commonly regarded as requiring special protection from hazards, such as aircraft accidents, the assisted care facility qualifies as a special functions use, etc. Ms. McGuire claimed that in the past she had requested that the EQCB receive any incoming information for review relating to development in the northerly portion of the City or Bixby proposals, and even through the referenced letter will be included in the Bixby Draft EIR, she obtained a copy of this particular letter as a result of the position of her Council representative on the Airport Land Use Authority, also, in the past the opinion of staff was that there was no conflict with regard to an assisted care facility, however the referenced letter states there is, the question is then how can such information be made available to the EQCB in a timely manner for their review. Ms. McGuire requested that an item be agendized for the next meeting relating to removal of the excessive noise contours over the westerly portion of College Park East and relocated over vacant land, an issue that was requested to be taken I 1-26-98 I care of some time back and has not, yet a development proposal is forthcoming and if approved those residences will forever be under those noise contours. Ms. Dorothy Whyte, College Park East, mentioned that Council agenda items do not appear in newspapers as some other cities do. She noted the displeasure with the Coastal Commission with regard to the Hellman property, stated all of the residents want open space, open space is being lost in College Park East too, there was an opportunity to obtain the Tennis Club for a community center as well as improvement monies, that was rejected, the reason it was sought is primarily the same reason there is a desire to move the Yellow House to the State Lands property. Ms. Whyte pointed out there is to be a meeting of the Neighborhood Association on the 3rd and asked that the College Park East Council representative speak so that the community can in turn ask questions. She said she found the objection to the proposed development in Long Beach of interest, concern was traffic and Long Beach not being a good neighbor, to which she asked if Seal Beach is being a good neighbor to Rossmoor and Los Alamitos with the impact of the proposed Bixby development, again calling upon the Council representative to hold a public forum, and made mention of recent comments in the local newspaper with regard to the conflict in College Park East, however said it was the City that did not listen to the people in order to develop a project for CPE. Ms. Mitzi Morton, 13th Street, claimed that an entertainment ordinance has been awaited for the last ten years, it was indicated that such ordinance would be forthcoming after adoption of the Main Street Specific Plan, and requested that it be prepared and considered prior to expiration of the current Council term. Ms. Morton criticized the attacks on the City Council, said the College Park East representative has been attacked since elected, she has worked hard for the City, and that oral communications should not be used for political purposes. Ms. Sue Corbin, Seal Beach, questioned an item on the warrant list, a trip to Eureka to meet with certain members of the Coastal Commission, to which she claimed should have been voted upon for the person to represent the Councilor City, that her request to sit in on any such closed door meetings was rejected by the Commission, and no changes should be made to the Hellman plan unless done in public. She spoke to the Brown Act as to when persons are allowed to speak to items under consideration. Mayor ProTem Brown stated his personal knowledge that the procedure to allow Councilpersons to do certain things is appropriate. The City Manager offered that there is not a special travel fund, rather there are line items in the budget that allows reimbursement of actual costs for City business, in this case he approved the one day turn- around trip to Northern California, and the City's interest was represented given the unanimous Council support of the Hellman project. Mr. Gordon Shanks, Su~f Place, criticized the comments of a prior speaker, suggesting that Northern California is no place to be this time of year for fun. He reminded that the Hellman project is not only of great value to the City but a means of reversing a terrible condition on that property, such expenditures are well worthwhile in this effort. There being no further comments, Mayor ProTem Brown declared Oral Communications closed. I I COUNCIL ITEMS RESIDENTIAL CARE FACILITIES Councilmember Campbell reported receiving a form letter at the last League of Cities meeting to be sent to Senator Kopp 1-26-98 with regard to residential care facilities in residential communities. She noted that cities have no control over such facilities, they are controlled by the State, of concern is that in residential areas they tend to cluster, the intent of the Senator is to author a bill to make certain adjustments to existing law. Counci1member Campbell moved to approve the letter with an amendment to read a distance of 'one thousand feet' apart rather than 'five hundred or one thousand' feet. Councilman Fulton seconded the motion. I AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried CONSENT CALENDAR - ITEMS "0" thru "K" Fulton moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar as presented. D. Approved the waiver of reading in full of all ordinances and resolution 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. E. Approved regular demands numbered 18242 through 18375 in the amount of $523,019.04, payroll demands numbered 25339 through 25509 in the amount of $267,112.25, and authorized warrants to be drawn on the Treasury for same. I F. Approved the second reading and adoption of Ordinance Number 1428 entit:led "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO REGULATIONS FOR MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS WITHIN THE CITY." By unanimous consent, full reading of Ordinance Number 1428 was waived. G. Adopted Resolution Number 4603 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CLASSIFICATION PLAN AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION." By unanimous consent, full reading of Resolution Number 4603 was waived. I. Received and filed the Monthly Investment Report for the period ending December, 1997. Denied the claim for property damages of Mike Peterson and referred same to the City's liability attorney and adjuster. I H. J. Denied the claim for damages of Manuel Hernandez and referred same to the City's liability attorney and adjuster. K. Accepted the resignation of Charles Orvis as a member of the Architectural Review 1-26-98 Committee for Tract 9814 (former City Corporation Yard site), and declared the position to be vacant. I AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried I PUBLIC HEARING / ORDINANCE NUMBER 1429 - ZONE TEXT AMENDMENT 97-4 - EXTERIOR STAIRWELLS - SINGLE FAMILY DWELLINGS - SECOND FLOOR KITCHENS Mayor ProTem Brown declared the public hearing open to consider ZTA 97-4 relating to exterior stairways. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received relating to this item. The Director of Development Services presented the staff report, explained that ZTA 97-4 would allow stairways on the exterior of residences that have an existing second story kitchen area. He noted that several years ago the City adopted a Code amendment that eliminated exterior stairways on residential properties given the concern of conversion of the upstairs area to a separate living unit. He reported that a resident of the Hill initiated his matter inasmuch as his residence has a second story kitchen which makes it inconvenient to use their backyard facilities, research of records found that there are six or seven other properties having similar circumstances, and the Planning Commission, rather than granting a variance for an exterior stairway, recommended a Zone Text Amendment to allow such stairway only for those properties that have existing second story kitchens. To a question of Council, the Director explained that a covenant will be required to restrict the property to single family use. I Mayor ProTem Brown invited members of the public wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. Reg Clewley, Catalina Avenue, expressed opposition to ZTA 97-4 as a grant of special privilege to the property owner, discriminates against others, imposes safety hazards against otherwise well constructed buildings, seeks to implement certain provisions of ZTA 92-6 with the issuance of a building permit for the construction of an exterior stairway from the ground level to a newly constructed addition on the second floor in 1996, and uses this building permit to justify the Text Amendment. He said ZTA 92-6 prohibited exterior stairways to a second floor primarily to inconvenience those seeking to construct illegal rental units in Old Town, yet prohibiting exterior staircases imposes a fire and earthquake safety hazard on otherwise safely constructed building additions by prohibiting ready and safe egress from known locations, a fire on the first floor could be detrimental to those on a second floor, the language of the ordinance makes reference only to original kitchens, exterior stairways can be attractive and desirable architectural features, and improves the safety of homes exceeding one floor level. Mr. Clewley said granting exterior stairs to some and not others is an attack on property rights, therefore requested ZTA 97-4 be denied, that the City's failure to enforce ZTA 92-6 with regard to exterior staircases be confirmed and upheld until such time as that law can be repealed. There being no further comments, Mayor ProTem Brown declared the public hearing closed. 1-26-98 The Director confirmed that the proposed ordinance applies only to existing kitchens on a second floor, also explained that pending the effective date of the ordinance a resident could apply for a building permit to construct a second floor kitchen, then upon the effective date make application for an exterior stairway, the language suggested by the Assistant City Attorney given a concern with prohibiting second story kitchen permits prior to the effective date of this ordinance. The City Attorney offered that in some instances an urgency ordinance has been enacted however that generally dependent upon what is anticipated to be forthcoming in the interim, the cut off typically the effective date of an ordinance. It was also confirmed that a second kitchen is not allowed, that presumably a reason the Planning Commission was comfortable with their recommendation. I Forsythe moved, second by Fulton, to approve the introduction of Ordinance Number 1429 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 28-400(B)(1) OF THE CODE OF THE CITY OF SEAL BEACH TO ALLOW EXTERIOR STAIRWAYS TO THE SECOND FLOOR ON SINGLE FAMILY DWELLINGS IN THE RLD ZONE OF PLANNING DISTRICT V WHERE THE DWELLING HAS AN EXISTING SECOND FLOOR KITCHEN" and that Ordinance Number 1429 be passed to second reading. By unanimous consent, full reading of Ordinance Number 1429 was waived. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried I PUBLIC HEARING I ORDINANCE NUMBER 1430 - ZONE TEXT AMENDMENT 97-5 - BILLIARD TABLES Mayor ProTem Brown declared the public hearing open to consider Zone Text Amendment 97-5 relating to billiard tables in conjunction with a restaurant. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported receipt of no communications relating to this item. The Director of Development Services reported this is a request to amend the provisions of the C-1 Zone, Service Commercial, to allow restaurants to have up to two billiard tables in conjunction with that use through a conditional use permit, that process requires a public hearing and notification to properties within three hundred feet of the exterior boundaries of the property, the matter came before the Planning Commission as a result of a request from the Shorehouse Restaurant. At the present time the Code does not allow billiard tables in the C-1 Zone, they are allowed in the C-2 Zone by conditional use permit, Rossmoor Center and Leisure World Center examples, however, this would not allow billiard tables in conjunction with restaurants on Main Street as that is not a C-1 zone. He noted the original request had been to change the zoning of the Seal Beach Center however the Commission determined that that zoning remain as is yet allow requests for billiard tables through the CUP process. There being no public comments, Mayor ProTem Brown declared the public hearing closed. I Forsythe moved, second by Fulton, to approve the introduction and first reading of Ordinance Number 1430 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 28- 1300(7) BY ADDING 'UP TO TWO (2) BILLIARD TABLES IN CONJUNCTION WITH A RESTAURANT' AS A CONDITIONALLY PERMITTED USE IN THE SERVICE COMMERCIAL ZONE (C-1)" and that Ordinance Number 1430 be passed to second reading. By unanimous 1-26-98 consent, full reading of Ordinance Number 1430 was waived. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried I PUBLIC HEARING - ORANGE COUNTY FIRE AUTHORITY - EMERGENCY MEDICAL TRANSPORT/SERVICES - AGREEMENT / FEE SCHEDULE / RESOLUTION NUMBER 4604 Mayor ProTem Brown declared the public hearing open to consider the Orange County Fire Authority cost recovery schedule for emergency medical services. The City Clerk certified that notice of the public hearing had been advertised as required by law and reported that one communication was received this date from the President of Medix Ambulance Service requesting an amendment to the Authority's Request For Proposal. The City Manager presented the staff report explaining that this item relates to emergency medical transport, ambulance services within the City, noted that alternatives to the current private ambulance medical transport has been a matter of discussion for more than a year, a proposal that the Fire Authority provide that service had been reviewed and set aside in favor of retaining the private system, which Medix provides in Seal Beach. The Manager pointed out that the Authority has experienced financial problems related to life support services provided by the County paramedics at accident scenes, medical aid situations, etc., the subsidy by the Authority per transport for advanced life support services has been calculated at $185. He noted that the issue for consideration is the Fire Authority's cost recovery fee, approval of the Request for Proposals for private ambulance companies to provide that service for the next three years, the agreement for provision of emergency medical services, and specific to Seal Beach, a provision that ambulance services be stationed within the City for up to three special events per year, and approval of the Resolution authorizing the Authority to administer the RFP and ambu+ance services on behalf of the City. Councilman Fulton inquired if the extra charge would be in the form of a dual bill, and if an insurance company were to honor only, who then pays the other. Division Chief Patrick McIntosh responded that for Medicare, as an example, advanced life support services have been a reimbursable charge since 1982, under the proposal being considered the ambulance company will do the administrative billing, done collectively to the insurance company just once, confirming it to be a reimbursable service. Chief McIntosh explained that the service is only when it is necessary to accompany an ambulance to the hospital, in turn, if after the initial medical assessment there is no need for the paramedics to accompany someone to the hospital there will be no additional charge. I I Mayor ProTem Brown invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. Michael Dimas, owner of Medix Ambulance Service, said he fully supports the RFP process as well as the document as written with the exception of the wording on page three with regard to contact by a bidder with members of the County Board of Supervisors, City Manager, Councilpersons, or Fire Authority that would result in the rejection of their proposal, and read alternative language he proposed. Mayor ProTem Brown noted his membership on the Authority for two years, that he had discussed this matter with the current representative, Mayor 1-26-98 Hastings, and stated if that language had been proposed previously it may have been considered however it is felt to be too late in this process to make such change now. There being no further comments, Mayor ProTem Brown declared the public hearing closed. Forsythe moved, second by Fulton, to approve the following: the Fire Authority's proposed fee schedule for advanced life support services, the agreement for provision of emergency medical services, the additional service identified in Special provisions for Seal Beach, and adopt Resolution Number 4604 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DESIGNATING THE ORANGE COUNTY FIRE AUTHORITY AS THE: 1) APPROPRIATE GOVERNMENTAL BODY TO SELECT A QUALIFIED BIDDER UNDER THE REQUEST FOR PROPOSAL FOR EMERGENCY TRANSPORTATION AND RELATED SERVICES, AND; 2) THE CONTRACTING AUTHORITY UNDER THE AGREEMENT FOR EMERGENCY MEDICAL TRANSPORTATION AND RELATED SERVICES." By unanimous consent, full reading of Resolution Number 4604 was waived. I AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried CITY MANAGER REPORTS No report was given by the City Manager. ORAL COMMUNICATIONS Mayor ProTem Brown declared Oral Communications-open. Ms. Audrey Kime, College Park East, noted that the College Park East Neighborhood Association has been non-political since inception and will so remain. Ms. Kime announced an upcoming meeting of the Association on February 3rd at the North Seal Beach Community Center, subjects of discussion will include renovation of Bluebell Park, budgetary items that pertain to that issue, the Recreation Director requested to attend for the purpose of information to the Association, kick-off of the 1998 membership drive with a program being introduced as an incentive for new members, this a means to increase funds for park renovation. Ms. Kime thanked all who supported the paper drive which will be on-going the first weekend of each month. There being no other comments, Oral Communications were closed. I COUNCIL CONCERNS Councilman Fulton reported on a recent Santa Ana Flood Control District meeting, noted that the expansion of Prado Dam to a two hundred year capacity has been postponed as a result of actions at the federal level, the Corps of Engineers work on Seven Oaks will cease in March as a result of lack of funds, the height of the dam is nearly complete yet there are no gates and only one tunnel, representatives will be traveling to Washington, D. C. in order to seek the necessary funding, Sacramento too has not been the help that had been anticipated. Councilmember Campbell noted that it has been brought to her attention that there are some that would have the comments of the Council edited and censured by the staff or Mayor to which she stated that Council meetings are an open forum where residents can speak and have their questions answered, if possible, by the staff or City Attorney, the Mayor has never turned down a request of a resident to speak, comments will not be censured by constituents or Councilmembers, the right of free speech was not lost upon election. Councilmember Forsythe explained that her trip to Eureka was a seventeen hour air flight for a I 1-26-98 / 2-9-98 I forty-five minute meeting with Coastal Commissioners, an effort to determine the concerns of the Coastal Commission with the Hellman project, this project is important to the community and her intent is to continue to support it. She noted that calls she has received have been inquiries as to how to contact the Commission members, and stated a list of the names and addresses would be available to the public in the office of the City Clerk. Mayor ProTem Brown mentioned the WestCom facility, located in the Seal Beach Police Department, a joint communications center that receives and responds to calls for the police departments of all three participating cities, this joint effort is working well, is cost efficient, and demonstrates a cooperative effort between agencies. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, February 9th at 6:30 p.m. to meet in Closed Session if deemed necessary. The meeting was adjourned by unanimous consent at 8:23 p.m. I Approved: !J/J o Clerk and ex-officio clerk City of Seal Beach Attest: Seal Beach, California February 9, 1998 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Campbell, Forsythe, Fulton I Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA By unanimous consent, the Council approved the order of the agenda as presented.