Loading...
HomeMy WebLinkAboutCC Min 1995-07-24 I I I 7-10-95 I 7-24-95 CJ.ty S!erk and ex-offJ.c. clerk of the Ci~of Seal Beach ' Approved: Attest: Seal Beach, California July 24, 1995 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 Doane, Laszlo Absent: Councilmembers Brown, Forsythe Doane moved, second by Laszlo, to excuse the absence of Councilmembers Brown and Forsythe from this meeting. AYES: NOES: ABSENT: Doane, Hastings, Laszlo None Brown, Forsythe Motion carried Also present: Mr. Shelver, Interim City Manager Mr. Barrow, city Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA Doane moved, second by Laszlo, to approve the agenda as presented. AYES: NOES: ABSENT: Doane, Hastings, Laszlo None Brown, Forsythe Motion carried ORAL COMMUNICATIONS There were no Oral communications. CLOSED SESSION The City Attorney announced that the Council would meet in Closed session pursuant to Government Code Section 54957 to discuss the item identified on the agenda, status of the City Manager selection process. The Council adjourned to Closed Session at 6:33 p.m. and reconvened at 6:51 p.m. with Mayor Hastings calling the meeting to order. The city Attorney reported that the Council had discussed the item previously identified, direction was given to the City Manager, and a brief report will be provided during the regular meeting. 7-24-95 ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:53 p.m. I \, ..... I Approved: , Ci~ ~lerk and ex-off C~/of Seal Beach Attest: Seal Beach, California July 24, 1995 The City Council of the City of Seal Beach met in regular session at 7:07 p.m. with Mayor Hastings calling the meeting order with the Salute to the Flag. ROLL CALL Present: to Mayor Hastings Councilmembers Doane, Laszlo I Absent: Councilmembers Brown, Forsythe Doane moved, second by Laszlo, to excuse the absence of Councilmembers Brown and Forsythe from this meeting. AYES: NOES: ABSENT: Doane, Hastings, Laszlo None Brown, Forsythe Motion carried Also present: Mr. Shelver, Interim city Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, city Engineer/Director of Public Works Mrs. Yeo, city Clerk APPROVAL OF AGENDA Councilman Doane requested that Item "M" be removed from the I Consent Calendar, and Mayor Hastings asked that Items "G" and "H", Police Explorer recognitions, be held over until the next - meeting. Laszlo moved, second by Hastings, to approve the agenda as revised. AYES: NOES: ABSENT: Doane, Hastings, Laszlo None Brown, Forsythe Motion carried I I I 7-24-95 ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Bob Reices, College Park West, made reference to letters from Loyola Plaza homeowners previously forwarded to the Council and issues brought forth during past public meetings relating to personal safety, home security and protection of property, concerns that require some mitigation, possibly with the cooperation of the Edison Company, most particularly the unrestricted access to the southerly three hundred feet of Edison park, and made note of a past assurance that Loyola Plaza residents will be part of any decision making process relative to College Park West. Mr. Bruce Stark, Seal Beach, recalled his suggestion some years ago that Seal Beach pursue a retail business such as a Home Depot. as a revenue producer to the City for location on the vacant Hellman property, yet nothing has occurred, made reference as well to a redeveloped shopping area in westminster that is also a revenue generator, to which he questioned why Seal Beach has done nothing and said staff should be pursuing such businesses. Mr. Stark referred to a recent newspaper article that reported costs involved in the running of a city in Orange County to which he made critical comparisons of various departments and costs of other cities to those of Seal Beach. He claimed that Seal Beach will lose between $200,000 to $400,000 due to the County bankruptcy, and to the recruitment for city Manager suggested that out-of-state applicants be sought, possibly a woman or minority, someone who will save the City some money. There being no further comments, Mayor Hastings declared Oral Communications closed. COUNCIL ITEMS APPOINTMENTS - BOARDS / COMMISSIONS Environmental Oualitv Control Board Given the absence of Councilman Brown, the District Two appointment to the Environmental Quality Control Board was held over. Pro;ect Area Committee Mayor Hastings requested that the District One appointment of a business representative to the Project Area Committee be held over. P. E. RIGHT-OF-WAY SPECIFIC PLAN At the request of Mayor Hastings, it was the consensus of the Council to refer the P. E. Right-Of-Way Specific Plan to the Parks and Recreation Commission for review and possible revision, as well as suggested changes proposed by the Mayor. COUNCIL SUBCOMMITTEE - ANIMAL CARE CENTER There was no objection to Mayor Hastings and Councilmember Forsythe acting as a Council subcommittee towards the resolution of issues of concern relative to the Animal Care Center. The Interim city Manager offered to arrange a date and time for the subcommittee to meet with the Care Center Board. The Mayor asked that the city Manager also be in attendance at any such meeting. FINAL ACTIONS - BASE CLOSURE/PRESERVATION COMMITTEE Councilman Laszlo mentioned that attempts to remove the Long Beach Shipyard from the Base Closure List were unsuccessful, the only remaining hope is that the List may not be approved, and given the possibility that another list may be proposed in two years, the preference of the local committee is that they be inactive for the interim period and should no further.List be forthcoming the committee could then be disbanded. Doane moved, second by Hastings, to deem the Base Closure/Preservation 7-24-95 Committee to be inactive for the period of two years as requested. AYES: NOES: ABSENT: Doane, Hastings, Laszlo None Brown, Forsythe Motion carried Councilman Laszlo asked that letters of appreciation be I forwarded to the Committee members for the time they devoted to this issue. CONSENT CALENDAR - ITEMS "E" thru "0" Doane moved, second by Laszlo, to approve the recommended action for items on the Consent Calendar as presented, except Items "G" and "H", held over until the next meeting, and "M", removed for separate consideration. E. Approved the waiver of 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 unless specific request is made at that time for the reading of such ordinance or resolution. F. Approved regular demands numbered 9526 through 9603 in the amount of $166,609.57 and payroll demands numbered 12610 through 12621 in the amount of $113,424.17, and authorized warrants to be drawn on the Treasury for same. I Held Resolution Number 4398, recognizing Andrea Reddecliff, over until the next meeting. H. Held Resolution Number 4399, recognizing Steve Haughton, over until the next meeting. G. - L. I. Accepted the resignation of Ms. Norma Strohmeier as the District One representative to the civil Service Board and declared the position vacant for the unexpired term ending July, 1997. J. Approved the minutes of the June 26th regular meeting, the June 29th regular adjourned meeting, and the July 10th regular meeting. K. Received and filed the report relating to window bars on commercial buildings, and authorized staff to proceed with appropriate requirements to be incorporated into the proposed Main Street Specific Plan. Received and filed the report relating to the U. S. Army corps of Engineers Notice of Permit Application, cerritos Channel, Berths 88-94, Port of Long Beach, instructed staff to forward same to the Environmental Quality Control Board for information purposes, and that update reports be provided as appropriate. I N. Adopted Resolution Number 4400 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH IN FISCAL SUPPORT OF CALIFORNIA I I I 7-24-95 DEPARTMENT OF BOATING AND WATERWAYS GRANT APPLICATION AND AUTHORIZING SUBMISSION OF SAID APPLICATION." ($400,000 grant for beach nourishment project). By unanimous consent, full reading of Resolution Number 4400 was waived. O. Authorized the City Manager to submit an application to the California Department of Forestry for a RELEAF Grant in the amount of $5,000 for the enhancement of Gum Grove Park. AYES: NOES: ABSENT: Doane, Hastings, Laszlo None Brown, Forsythe Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "M" - REVISED NEGATIVE DECLARATION 95-1 - COMMUNITY SAFETY OFFICE - 820 OCEAN AVENUE Making reference to statements within the staff report, Councilman Doane inquired if this matter will be considered under public hearing after approval is received from the Coastal Commission. Staff advised that an action of the Council to approve the Negative Declaration will conclude the City's review of this project, there is no requirement for a public hearing however before City building permits can be issued a permit must be obtained from the Coastal commission. Councilman Doane requested clarification of the statement that "any City expenses will be to make up shortfalls in the community funding effort." The Director of Development Services explained that through the efforts of Mr. Haley to secure contractors, suppliers, etc. it is his belief that everything that will be needed has been donated, however at this point there remains some unknowns, such as conditions that may be imposed by the Coastal Commission, whether the donated materials will meet their requirements, etc., and should there be need for an expenditure of City monies a request would be presented to the Council for a budget amendment as there is presently no appropriation of funds. Doane moved, second by Hastings, to adopt Negative Declaration 95-1 as revised and recirculated, instructed staff to file the appropriate documentation with the County of Orange, and instructed staff to submit the required modifications to the California Coastal Commission. AYES: NOES: ABSENT: Doane, Hastings, Laszlo None Brown, Forsythe Motion carried PUBLIC HEARING - APPEAL - CONDITIONAL USE PERMIT 95-3 CONDITION FOUR - LOS CABOS MEXICAN RESTAURANT - 550 PACIFIC COAST HIGHWAY Mayor Hastings declared the public hearing open to consider the Appeal of Condition Four of Conditional Use Permit 95-3 adopted by the Planning Commission on June 21, 1995 relating to the hours of operation. It was reported that notice of this public hearing was advertised and mailed as required by law, and no communications were received either for or against this matter. The Director of Development Services presented the staff report and explained that the appeal is to a condition imposed by the Planning Commission as to the hours of operation of the Los Cabos Restaurant on Sunday through Thursday with a closing time of 10:00 p.m., where the applicant had requested a closing hour of midnight, the condition primarily the result of concerns expressed to them Commission with regard to late hours, particularly during the week. Mayor Hastings inquired as to what hours of operation were granted the Red Lobster. 7-24-95 The Mayor invited members of the audience wishinq to speak to this item to come to the microphone and state their name and address for the record. Mr. David Bonadonna, owner of Los Cabos, offered his willinqness to accept the conditions imposed by the Planninq Commission with a compromise to allow a 11:00 p.m. closinq on Sunday throuqh Thursday. Notinq Mr. Bonadonna's ownership of the adjacent restaurant as well, the I two even havinq a common entry, Councilman Doane inquired as to why the two alcohol licenses, both for full service liquor, are separate. Mr. Bonadonna stated the two licenses were issued simultaneously about five years aqo, they are not new licenses, however the 1:00 a.m. hour on the oriqinal license for Los Cabos was lined out and replaced with 10:00 p.m. Councilman Doane aqain questioned why the difference between like restaurants where one can operate until 1:00 a.m. the other restricted to 10:00 p.m. The Director of Development Services indicated that althouqh the licenses may be identical the ABC conditions may not be identical, as to the hours, the Los Cabos Restaurant conditions were reviewed as a result of an application to expand the interior seatinq area of the restaurant and extension of the operatinq hours from what has been 10:00 p.m. Mr. Tom Charrara, Main Street Cafe, spoke in support of the appeal, statinq he could see no loqic in the different hours of operation that are allowed throuqhout the community, one additional hour in this case will pose no problem and the distance of the restaurant from neiqhborinq residences is more than adequate. Mr. Jim watson, 101 Main Street, stated that Mr. Bonadonna has been leasinq space in the Bay City Center for seven years, struqqlinq throuqh the economic downturn for the past five years, and cited the applicant's need to expand and provide more services. Mr. Watson noted that it had been mentioned several times at the Commission hearinqs that the distance between the premises and I residences was about one hundred fifty feet where in fact it is more than two hundred fifty feet from the nearest point of the parkinq lot, and spoke in favor of compromisinq for a 11:00 p.m. closinq as he could see no disadvantaqe to the community by the qrantinq of that hour. The Director advised the Council that the hours of operation for the Red Lobster are 11:30 a.m. to 10:00 p.m. on Sunday throuqh Thursday, and until 11:00 p.m. on Friday and Saturday. Ms. Sue Corbin, Seal Beach, asked that the chanqes proposed be explained. Mr. Bonadonna stated there has always been a free standinq service bar, there are no stools for seatinq, the proposal is to extend a wall to some deqree to allow for seatinq at the bar, and noted the Planninq Commission had no objection to that. Mayor Hastinqs mentioned that the intent of the Commission and Council is to have some uniformity of closinq hours of the food service establishments. Councilman Doane offered that there are different classes of liquor licenses, those havinq a beer and wine license close at 10:00 p.m. where the establishments that have a full service license are allowed to remain open up to 2:00 a.m., and in this case where the licenses of both restaurants are for full service, aqain questioninq why the difference in closinq hours. Mr. Bonadonna stated that even thouqh Bonadonna's is allowed a 1:00 a.m. closinq it is qenerally not utilized unless there is a special occasion or the patronaqe warrants, said 10:00 p.m. is I too early, "and aqain offered a compromise for a 11:00 p.m. closure hour. Mayor Hastinqs stated that caution must be taken in that a Conditional Use Permit runs with the land, and cited John's Market as an example where they are allowed to remain open until 2:00 a.m. if they were to choose to do so. The Manaqer of the Red Lobster stated his belief that all Red Lobster establishments close at 10:00 p.m. and they maintain a full liquor license. He spoke in support of the requested 11:00 p.m. closinq hour as beinq reasonable as well as an enhancement for all businesses in the Bay city Center, also his understandinq is that if qranted this application would be I I I 7-24-95 reviewed in a six month period. There was brief discussion as to the vote requirement on this item, also a suggestion that this matter be continued until the full Council is present. Mr. Bonadonna indicated his preference that this matter not be delayed. There being no further comments, Mayor Hastings declared the public hearing closed. councilman Doane moved to approve a 11:00 p.m. closing hour for Los Cabos Restaurant on Sunday through Thursday. There was no second to the motion. Hastings moved, second by Laszlo to deny the appeal of Mr. Bonadonna and sustain the decision of the Planning Commission, subject to appropriate terms and conditions. AYES: NOES: ABSENT: Hastings, Laszlo Doane Brown, Forsythe Motion carried The city Attorney advised that a resolution will be prepared to reflect the action of the Council for consideration at the next meeting. COUNCIL REPORTS Mayor Hastings noted a newspaper inquiry this date with regard to the thirteen stingray incidents that occurred last Saturday, to which she suggested that the Scripps Institute be contacted for information as to what is causing the large number of stingrays and what can be done to correct this problem. Councilman Laszlo acknowledged the problem as well, the area nearest the jetty having the greatest number, and said he believed that the ocean floor is no longer allowed to be swept as was once done to reduce the ray population. The Manager responded that the Recreation Director is aware of the increased ray population and incidents this year as well as last, there is an attempt to address the situation through public information and education, it is likely that the Director has or will be in contact with persons knowledgeable of this problem, and confirmed that State regulations no longer allow harvesting the rays. CITY MANAGER REPORTS ORANGE COUNTY ECONOMIC ADVANCEMENT - CENSUS OF BUSINESS NEEDS The Director of Development services reported that the Community College Districts in Orange County are proposing to join together for a joint research effort to assess employment needs in the County to determine the type of job training requirements that will be necessary to meet future employment opportunities and to discuss with firms throughout the region their business expansion plans, anticipated hiring needs, relocation plans, etc. He stated that the Districts are seeking financial support for this project through sponsorships ranging from $10,000 to $65,000 or, given the financial condition of this city, possibly the purchase of certain documents resulting from this project once they are released, that cost ranging from $250 to $750. There appeared to be a consensus of the Council to participate at the lower level if it is determined that any of the documents will be of value to Seal Beach. SCHEDULING OF PUBLIC HEARINGS - BIXBY OLD RANCH GOLF COURSE DEVELOPMENT PLAN The Director of Development Services explained that this item is seeking direction from the Council as to the scheduling of public hearings to consider the Bixby Development Plan. He noted that the Planning Commission has taken action to approve 7-24-95 the environmental document however recommended denial of the project, and due to the location the project is required to be reviewed by the Airport Land Use Commission which is tentatively scheduled for August 17th, therefore direction is sought as to whether the Council desires to commence the public hearings prior to the ALUC consideration or to defer the hearings until after that agency takes an action, however there is some concern I that the Council take an action on the environmental document prior to September 7th or seek an extension past that date from the project applicant. Councilman Laszlo emphasized his preference that there not be separate hearings on the environmental documentation and the project itself, that they be conducted concurrently and held after action is taken by the ALUC, preferably commencing in September. In response to a comment, the Director of Development Services confirmed that no public hearings before the city Council have been schedule as yet. After further discussion, council indicated consensus to postpone the scheduling of public hearings until the first meeting in September and that an extension of the date to take action on the Environmental Impact Report be sought from the project applicant. STATUS REPORT - CITY MANAGER RECRUITMENT The Interim City Manager reported the receipt of seventy-four resumes for the position of the City Manager as of this date, the applicants from all areas of the nation, including a number of women applicants, the closing date is July 31st, thereafter the resumes will be reviewed towards a possible conclusion of the selection process by mid-September. ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Ms. Sue I Corbin, Seal Beach, commended Mayor Hastings and former Mayor Brown for the manner in which City Council meetings are being conducted, and suggested that the Council listen to the meetings of Santa Monica on the radio. Ms. Corbin asked that the issue of noise enforcement in Old Town be placed on a future agenda as well as an update on a recycling program, whether it is proceeding or not, to which she said that many people are observed scavenging and it is possibly time they be cited. She suggested a follow-up on the signage that was to be placed in the 8th and Central parking lot to allow public parking in the evening, also stated that parking spaces can not be designated and reserved for a specific position, they need to be designated only for 'employee' otherwise the person is required to pay taxes on the space as an employment benefit. In reference to comments made with regard to the comparison of expenses of various departments to other cities, she expressed her opinion that costs increase substantially with the hiring of assistants to the City Manager as an example and rather than that, it is likely that the base pay of the Seal Beach Manager should be increased, suggesting as well that it may be worthwhile to retain a consultant to evaluate City expenditures and identify where costs can be cut further, not necessarily in the area of personnel, it is also unfair to allow employees to have expensive lunches at conferences, etc. while the citizens are I required to pay the utility users tax. Ms. Corbin asked that arrangements be made to have the warrants, with their documentation, available for public review prior to Council meetings. There being no further comments, Mayor Hastings declared Oral communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Wednesday, August 9th at 7:30 p.m., to meet in a joint workshop session with the Planning Commission relative to the Main Street Specific Plan. By unanimous consent the meeting was adjourned at 8:31 p.m. I I I 7-24-95 I 8-9-95 \ C~Y/Clerk and ex-off~c~o c~ty of Seal Beach of the Approved: Attest: Seal Beach, California August 9, 1995 The City Council of the City of Seal Beach met in regular adjourned session at 7:45 p.m. with Mayor Hastings calling the meeting to order for a joint workshop session with the Planning commission for the purpose of reviewing and receiving comments regarding the second Draft Main Street Specific Plan. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Doane, Laszlo Chairman Campbell Commissioners Brown, Dahlman, Law, Sharp Absent: Councilmember Forsythe Brown moved, second by Hastings, to excuse the absence of Councilmember Forsythe from this meeting. AYES: NOES: ABSENT: Brown, Doane, Hastings, Laszlo None Forsythe Motion carried JOINT WORKSHOP - DRAFT MAIN STREET SPECIFIC PLAN The Director of Development Services mentioned that there have been several press releases as well as a mailing announcing the holding of this joint workshop. He recalled a similar meeting several months ago for the review of the Background studies Report, that being a preliminary document to the preparation of the Main Street Specific Plan, and based upon input from that workshop and information received from the mail survey that was sent to all residential properties between 5th Street, 12th Street, Pacific Coast Highway and Ocean Avenue, as well as information obtained through interviews, and other sources of input, the Draft Main Street specific Plan has now been prepared for review. He invited suggestions from the Council, commission and public as to improvements that might be made to the Draft, areas that are thought to not have been addressed, etc. so the document can be finalized for consideration under public hearings and be as reflective as possible as to what the Main Street Specific Plan is envisioned to be. Mr. Paul zucker, Zucker Systems, stated that the Background Studies Report previously considered is basically the same with only a few changes, most notable would be the deletion of what became a controversial description of certain undesir,able