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HomeMy WebLinkAboutCC Min 1993-03-22 3-8-93/3-22-93 Attest: tJ Seal Beach, California March 22, 1993 I' The City Council of the city of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. . ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Laszlo Absent: Councilmember Hastings Councilmember Hastings arrived at approximately 6:15 p.m. Also present: Mr. Bankston, city Manager Mrs. Yeo, city Clerk CLOSED SESSION The City Manager announced that the Council would meet in Closed Session for the purpose of labor negotiation matters. It was the consensus of the council to adjourn to Closed Session at 6:02 p.m. The Council reconvened at 6:46 p.m. with Mayor Forsythe calling the meeting to order. The City Attorney reported the I Council had discussed the matter previously identified and that no action was taken. ADJOURNMENT Laszlo moved, second by Brown, to adjourn the meeting at 6:47 p.m. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried " ClerK and ex-off of Seal Beach Approved: -I , ' Attest: ~-~ I. I I 3-22-93 Seal Beach, California March 22, 1993 The city Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Bankston, City Manager Mr. Barrow, city Attorney Mrs. Yeo, City Clerk WAIVER OF FULL READING Laszlo moved, second by Brown, 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: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Ms. Mitzi Morton, Seal Beach, claimed that in theory the City has loaned more than $5 million, interest free, to a privileged group without taxpayer consent, the result of granting variances for less than required parking to Main Street businesses. She deemed this practice to be in-lieu parking where the tenant, rather than the landlord, is charged $100 per space annually, yet the property owners have been allowed to improve their buildings and maximize rents. She cited the land value of a parking space to be about $35,000. Ms. Morton suggested that the City could create two or three story parking structures in the existing lots and revenues generated through the installation of parking meters could then be used to reduce the financial obligation to create such structures. She said since 1987 the City has known that one hundred forty-nine spaces must be found near Main Street to satisfy Coastal Commission requirements, yet in the near future the Planning Commission will be asked to approve twenty-one in- lieu spaces on one property, twenty-eight on another, increasing the existing debt to $6.9 million. Ms. Morton asked that this practice cease. Mr. Gordon Shanks, 215 Surf Place, recalled a question at the last Planning Commission meeting as to what is considered a historic building or structure, to which the response had been that the Planning Commission has the authority to make such determination, which in turn allows consideration of improvements based upon Code provisions relating to historic structures. Mr. Shanks took exception to only three members of the Commission having the power to determine what is a historical structure. He noted an adopted Ordinance that directed the Commission to meet with the Historical Society when formulating a list of historical sites, and referred to a June, 1991 list of twenty-one such buildings, approved by the Commission, considered and held over by the Council, not reconsidered, and to that he asked what constitutes a historical structure given the absence of an Historical Element and criteria for such declaration. He referred to the 209 Main Street property scheduled for consideration April 7th, deemed to be a historical structure based upon its inclusion on the Commission approved list, and questioned if those twenty-one properties are in fact of historic 3-22-93 significance. The City Attorney explained that the Ordinance being referred to grants the Commission authority to make a historic determination based upon certain findings at the time of considering an application, however confirmed that no specific criteria of the factors to be considered currently exists. He cautioned the Council against commenting on the 209 Main street application as it is yet to be considered and could come before the Council on appeal, also offered to look into criteria used by other cities when determining local historical status. If designated as historic, Mr. Shanks asked if there would then be a requirement that a building retain some of the historic design. Dr. David Rosenman, Seal Beach, said in discussing this issue with the City Manager there is an awareness of criteria generally used in determining historic status as well as the degree of modification allowed to such building, and suggested that could be a directive for staff to look into. He mentioned the lack of cablecast of the last Commission meeting and questioned the decision of the Acting Chairman at that time that persons choosing to speak at the 209 Main Street public hearing would not be allowed to speak again at the continued hearing. Mr. Bob Bloom, 305 Spinnaker Way, spoke in favor of the proposed utility Users Tax increase, citing cities of similar size and demographics with a ten percent tax, and expressed his belief that this consideration should take precedence over parking and parking meters. Mr. Bloom referred to the Trailer Park as a travesty of justice with mostly large two story buildings and no trailers in sight. Mr. Tom Charara, Main Street Cafe and Grill, noted consideration of a committee or task force to discuss a limitation of smoking, asked the definition of a public place, and objected to such regulation of his business. There being no further comments, Mayor Forsythe declared Oral communications closed. COUNCIL ITEMS COMMITTEE I TASK FORCE - SMOKING IN PUBLIC PLACES Mayor Forsythe recalled the presentation relating to smoking made by a member of the public at the last meeting, indicated preference for a committee rather than a task force, expressed concern with invasion of private business rights, and suggested that the definition of a public place needs further clarification. The City Manager explained that publicly owned property would include facilities such as City Hall, parks, etc. where public places could be restaurants or other areas that are available to the public in general. He noted that the League of Cities has developed model no smoking ordinances that identify areas where the public may routinely frequent such as bars, restaurants, markets, and stores as examples, and offered that it would be within the discretion of the Council to apply further restrictions. Councilman Laszlo noted the varied representative membership on such committees in other communities. Mayor Forsythe again indicated she would have no objection to the formation of a committee to look at this issue, but would not be in favor of mandating private business to not allow smoking. The City Manager suggested that if a majority of the Council wished to consider formation of a committee, a resolution defining its membership, purpose, term, etc. could be prepared for the next meeting. CONDITIONAL USE PERMIT I VARIANCE APPLICATIONS - E.O.C.B. REFERRAL Councilmember Hastings conveyed a suggestion that when environmental documents are prepared relating to a Conditional Use Permit or Variance that they be provided to the Environmental Quality Control Board for review and input prior to being forwarded to outside agencies. The Mayor voiced concern with regard to compliance with mandated time frames for Planning I I I I I I . 3-22-93 Commission consideration as well as the need to possibly revise the status of the EQCB to grant them the authority to take formal actions on such matters. After brief discussion a consensus of the Council was indicated to provide the EQCB with copies of such documents for their review and input at the discretion of the Board. CONSENT CALENDAR - ITEMS "c" thru "K" In reference to Item "F", Resolution Number 4210, the City Manager requested that the fourth listed project, study and design on Seal Beach Boulevard Bridge over Freeway 405, be deleted. Laszlo moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented and amended. C. Approved regular demands numbered 1443 through 1444 in the amount of $2,580.51, regular demands numbered 1554 through 1704 in the amount of $390,817.44, payroll demand numbered 681 in the amount of $27,616.18, payroll demands numbered 687 through 693 in the amount of $51,500.49, and payroll demands numbered 868 through 1031 in the amount of $362,901.97 as approved by the Finance Committee, and authorized warrants to be drawn on the 'Treasury for same. D. Approved the minutes of the March 8th, 1993 regular adjourned and regular meetings. E. Adopted Resolution Number 4209 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUSTAINING THE RECOMMENDATION OF THE PLANNING COMMISSION REGARDING THE HOURS OF OPERATION ESTABLISHED FOR CONDITIONAL USE PERMIT 92-20, ALLOWING JOHN'S FOOD KING MARKET TO OPERATE BETWEEN THE HOURS OF 6:00 A.M. AND 2:00 A.M. DAILY, AT 148 MAIN STREET, SEAL BEACH (JOHN'S FOOD KING MARKET." By unanimous consent, full reading of Resolution Number 4209 was waived. F. Adopted Resolution Number 4210 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE SUBMITTAL OF THE APPLICATIONS FOR IMPROVEMENT PROJECTS ON SEAL BEACH BOULEVARD, ELECTRIC AVENUE AND MARINA DRIVE TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM." By unanimous consent, full reading of Resolution Number 4210 was waived. (The project study and design of Seal Beach Boulevard Bridge over Freeway 405 was deleted from Resolution Number 4210.) Received and filed the Monthly Investment Report as of February 28, 1993. G. H. Received and filed the Update Report on the Regional Air Quality Management Plan (AQMP) and County Planning Efforts, and instructed staff to forward same to the Planning commission and Environmental Quality Control Board for information purposes. 3-22-93 J. 1(. AYES: NOES: 1. Received and filed the Status Report on the Southern California Association of Governments Proposed 1993 Regional Comprehensive Plan (RCP), and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. Adopted Resolution Number 4211 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SUPPORTING FEDERAL LEGISLATION ENDING THE PRACTICE OF IMPOSING UNFUNDED FEDERAL MANDATES ON LOCAL AND STATE GOVERNMENTS AND TO ENSURE THAT THE FEDERAL GOVERNMENT PAYS THE COSTS INCURRED BY THOSE GOVERNMENTS IN COMPLYING WITH CERTAIN REQUIREMENTS UNDER FEDERAL STATUTES AND REGULATIONS. By unanimous consent, full reading of Resolution Number 4211 was waived. I Accepted the proposal of the Warner Group to conduct an assessment of regionalized pOlice communications and records services between the cities of Seal Beach, Cypress and Los Alamitos, and that $13,167 be transferred from the Law Enforcement Communication System/Capital Projects & Equipment Fund to the General Fund and encumbered as the City's share of the cost. Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried STATE BUDGET UPDATE I The City Manager reported at this point there has been virtually no movement towards a definitive State budget, that the feeling appears to be that a concept budget may likely be adopted by the deadline, followed by trailer bills, with the impact of the budget not clearly known until possibly September or October. He noted that the League is intensifying their lobbying efforts, many cities are taking a strong stand with regard to State mandates and other issues, and the California Redevelopment Association is moving toward preparation of litigation with regard to the proposed taking of redevelopment monies. The Manager reported the anticipated loss to Seal Beach is $1.2 million or $1.7 million with the aerospace payback included. COUNCIL CONCERNS Councilman Laszlo asked that a resident committee be formed to discuss the parking situation in the downtown area, possibly a business committee as well, the results for information of the Council. He asked that this matter be placed on the next agenda for consideration. Councilmember Hastings concurred with the request, and noted her past requests to consider validated parking for the beach lots as one solution. She mentioned the amount of debris on the beach and reported the efforts of the City Manager in seeking assistance' from Los Angeles and Orange Counties to clean the beach of debris that has flowed from I upstream cities. Councilman Laszlo likewise mentioned the debris -. he observed on the beach the past Sunday, reported having been informed that it had been cleaned the prior day, and noted that Long Beach is receiving funds from Los Angeles County for beach cleaning. The city Manager confirmed that Long Beach has a contractual agreement with the County for beach cleaning and are due to receive $250,000 as a result of the recent storm, advised that the possibility of including Seal Beach in that agreement is being looked into and Orange County is being encouraged to develop a similar agreement. with regard to a recent incident at the Bank of America on Main Street, the Mayor reported that the I I I 3-22-93 City Manager has requested increased police patrol of the area, and recommended that the city be advised immediately if any suspicious activity is observed. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Gordon Shanks, 215 Surf Place, recalled a comment of a member of the Planning Commission as to why members of the community addressing that body don't present positive suggestions rather than always speaking in opposition, and to that Mr. Shanks offered his opinion that if someone builds a structure to Code there is no need to come before the Planning Commission and that variances are meant for an unusual circumstance. He said it appears that the commission feels they must solve the problems of everyone, specifically with regard to parking, which results in a greater number of variances being granted. Mr. Tom Charara, Main Street Cafe, agreed with the concept of a committee to look into the parking issues, noted that all parking problems are not the result of the business community or the residents rather many factors such as visitors and beachgoers, urged that business persons be included bn the committee, and offered to serve. He concurred with the need for beach cleanup as well, suggesting the possibility of a volunteer group to do just that once a week. Dr. Rosenman, Seal Beach, said he hoped that the charge of the smoking committee would be broadened to not just define what is a public place, to look at establishing reasonable smoking areas, etc. with regard to forming a committee to discuss parking, Ms. Mitzi Morton, Seal Beach, suggested that the City first determine how it is going to come up with $5.9 million for parking, again citing the need to create one hundred forty-nine spaces, stated that the primary objective of the Coastal Commission is that spaces not be taken away from beachgoers, that the lots be open and available to them and not used for businesses. She said this question needs to be addressed if more parking variances are going to be allowed. Sol John, 12th Street, said the parking problem is the fault of the landlords, suggested stacked parking or possibly make Main Street one-way towards the beach. There being no further comments, Mayor Forsythe declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, April 12th at 6:00 p.m. to meet in Closed Session. with unanimous consent of the Council, the meeting was adjourned at 7:56 Clerk and ex-o of Seal Beach of the Approved: Lt;~~ - Mayor Attest: