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HomeMy WebLinkAboutCC Min 1992-02-10 1-27-92/2-10-92 lerk and ex-o of Seal Beach Approved: ~ ~ eo....L k..,Jh Mayor I Attest: Seal Beach, California February 10, 1992 The scheduled regular adjourned meeting to be held at 6:00 p.m. was cancelled due to the lack of Closed Session matters for discussion. da~of F~Uary, e M. eo, Cit~~ of Seal Beach 1992. I Seal Beach, California February 10, 1992 The city council of the city of Seal Beach met in regular session at 7:00 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Doane, Forsythe, Hastings, Wilson Absent: None Also present: Mr. Bankston,'City Manager Mr. Barrow, Assistant city Attorney Mrs. Yeo, City Clerk WAIVER OF FULL READING Hastings moved, second by Doane, 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. I AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried ORAL COMMUNICATIONS There were no Oral communications. 2-10-92 I PRESENTATION - GUM GROVE PARK Mrs. Sally Hirsch, 1325 Crestview Avenue, Chairman, Gum Grove Nature Park Group, noted the,volunteer Group's support of this unique wilderness area, the closest of other such areas more than twenty miles away, that their goal is to work with the city to restore and maintain the natural wilderness qualities of Gum Grove Park, their current activities include actively searching for a botanist to assess the condition of the eucalyptus trees and how they .. should be cared for, studying the soil and plants as part of a plan to reintroduce natural California plants that require less water to survive and provide habitat for birds and animals, and planning a Gum Grove Wilderness Day to be held on Saturday, April 4th, in an effort to enhance community awareness of the Park. She described a number of species of birds recently observed. some of which are threatened species, monarch butterflies resting in the trees as part of their migration to Mexico, noted the current condition of the park as green and clean, and expressed appreciation to those who remove litter and walk dogs on leashes, and suggested signs to remind people about their dogs and litter. She reported the Group meets the second Sunday of each month at 1:00 p.m. in the Park, and invited the community to attend. Mrs. Hirsch posed three questions, who is responsible for unlocking the gate at sunrise and locking it at sunset to ensure that the Park hours are not abused, how is the Park patrolled, and the status of a ~15,000 offer of Mr. Mick Hellman to help restore the Gum Grove Nature Park if the community would match that amount. The City Manager responded that Park security is a responsibility. of the city, and offered to check into what division of the Police Department is assigned that duty, that access for Police patrol is allowed from either Seal Beach Boulevard or Avalon and stated he believed there are now regular patrols of the area, and confirmed that the offer of Mr. Hellman was standing as of approximately three weeks ago, that the preparation of certain details for the city had been indicated, however there has been no further discussion since that time. Mrs. Hirsch expressed appreciation for the opportunity to address the Council, also to members of the Group who work diligently to improve the Park. Councilmember Forsythe recalled the successful Gum Grove Park Day held approximately two years ago that brought persons from throughout the community to the Park. I PROCLAMATION Mayor Laszlo proclaimed the week of February 17th to February 24th, 1992 as "Medical Assistants Week." COUNCIL ITEMS APPOINTMENTS - BOARDS and COMMISSIONS I Environmental Oualitv Control Board Councilmember Hastings moved to appoint Mr. Mark HotChkiss, 1515-1/2 Ocean Avenue, as the District One representative to the Environmental Quality Control Board for the unexpired term ending July, 1993. Councilman Doane seconded the motion. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried TRAFFIC SAFETY Councilmember Forsythe mentioned concern with regard to the speed of traffic on Bolsa Avenue and Seal Beach Boulevard. She noted that McGaugh School was not initially built as an elementary school, that there are many small children that 2-10-92 cross Bolsa without concern for traffic, the only protection for the elementary area of the school along the Boulevard is a chain link fence, and mentioned that the area between Rockwell and Pacific Coast Highway is the highest posted speed on Seal Beach Boulevard up to Whittier. The city Manager reported there has been a review of citations and accident records for the past five years, a radar check on Bolsa has been completed, that a radar check on Seal Beach Boulevard will be conducted during this week, the radar figures" along with the State warrant formula, site conditions, the use of the land, citation and accident records will then be analyzed as a whole, that a report will 'be forthcoming to the Council on February 24th and at this point it appears it may be possible to reduce the speed on Bolsa Avenue by approximately five miles per hour and Seal Beach Boulevard by ten miles per hour. He also reported having spoken with the Superintendent of Schools with regard to the concern of classrooms along the Boulevard, and said in subsequent discussions a means to provide better protection for that area may be developed as a cooperative effort between the City and the District. Councilmember Forsythe indicated concern with the State formula where if eighty-five percent of the traffic is driving. the posted speed limit, that is what the speed should be, and inquired as to the importance of the existing elementary school and the accident reports, also the impact on the noise level. The City Manager responded that the number of accidents, particularly those involving injury or fatality, are critical in determining to what degree speeds can be down- factored, and given the citation and accident data and should the radar check be equal or close to the prior check, the Engineer is fairly confident at this point that a ten mile per hour reduction of speed could be justified, and it is anticipated that there would be a reduction of noise with a lower speed. Councilmember Hastings spoke favorably of lowering the speed on the Boulevard north of Pacific Coast Highway which in turn would coincide with the upcoming modifications south of Pacific Coast Highway and the installation of a stop sign at Landing Avenue. The Manager offered to include the area of the Boulevard south of PCH in the radar check as well. I I CONSENT CALENDAR - ITEMS "E" throuah "I" Councilmember Hastings requested that Item "H" be removed from the Consent Calendar since she had not participated in that public hearing, and Councilmember Wilson asked that the January 21st minutes be removed as she had not been present. Doane moved, second by Hastings, to approve the recommended action for items on the Consent Calendar, except Item "H" and the January 21st minutes, as presented. E. Approved regular demands numbered 86805 through 86912 in the amount of $297,041.88 and payroll demands numbered 48862 through 49024 in the amount of $195,415.08 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. ' I F. Approved the minutes of the regular adjourned meeting of December 9, 1991, the regular meeting of December 9, 1991, the regular adjourned meeting of January 13, 1992, and the regular meeting of January 13, 1992. . .' 2-10-92 I 1. Adopted Resolution Number 4121 entitled "A RESOLUTION F THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING FOR THE APPOINTMENT OF THE OFFICES OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, MARCH 31, 1992." Accepted the resignation of Mr. Greg Henry, the District Three representative to the Beach Commission, and declared the position vacant. G. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F" - MINUTES - JANUARY 21. 1992 Forsythe moved, second by Doane, to approve the minutes of the January 21, 1992 regular adjourned meeting. AYES: NOES: ABSTAIN: Doane, Forsythe, Hastings, Laszlo None Wilson Motion carried I ITEM "H" - RESOLUTION NUMBER 4122 - APPROVING CUP 12-91 - 1120 CENTRAL AVENUE - STARK/BRENDEL Doane moved, second by Forsythe, to adopt Resolution Number 4122 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 12-91, AN AFTER-THE-FACT MODIFICATION OF THE FLOOR PLAN APPROVED THROUGH CUP 4-89 TO INCLUDE A RECREATION AREA CONSISTING OF A WET BAR AREA, RECREATION ROOM, SPA ROOM AND A BATHROOM IN CONJUNCTION WITH AN EXISTING DUPLEX LOCATED AT 1120 CENTRAL AVENUE, SEAL BEACH." I Doane, Forsythe, Laszlo, Wilson None Hastings Motion carried 'i-(' ORDINANCE NUMBER 1'49 - ALCOHOLIC BEVERAGES - CITY-OWNED PUBLIC PLACES Ordinance Number 1Jl49 was presented to Council entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 15, SECTION 15.1 OF THE CODE OF THE CITY OF SEAL BEACH WITH RESPECT TO THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN CITY-OWNED PUBLIC PLACES." By unanimous consent, full reading of Ordinance Number 1149 was waived. The City Manager presented the staff report and two proposed ordinances for Council consideration, noting that the authority of the City Manager to allow the sale and/or consumption of alcohol in or upon any public place through a special event permit had been suspended by action of the Council pending further review and possible revision of the Code. He explained that one ordinance would repeal subsection (b) of Section 15.1 thus removing the authority for the possession or consumption of alcohol upon any public place with or without a special event permit, a total prohibition of beer, wine, champaign, etc., and would also apply to private parties, weddings, as well as public events and non-profit fundraising, the second ordinance would amend subsection (b) to remove city Manager authority to issue a special event permit for an activity which allows or involves the consumption of alcohol on pUblic property for a prOfit-making or commercial entity for commercial or promotional purposes. He described the options of the Council to either take no action thus allow current provisions to remain, remove the special event permit AYES: NOES: ABSTAIN: 2-~0-92 process which would be a total ban, or the staff recommendation to not allow consumption of alcohol on public property for a profit-making or commercial entity, noting also that either ordinance could be amended to allow for whatever flexibility that is desired. He explained that upon an action of the Council, staff will prepare a policy for consideration that will be based upon the ordinance, yet more specific to provide that alcohol consumption would be restricted to a fenced area, possibly define dimensions, occupancy limits, hours of operation, insurance requirements, as examples, in addition to specific event contracts. Councilmember Hastings mentioned that the ordinance did not address local groups selling beer in conjunction with a major event held in the city such as the antique auto show or the sandcastle contest that draws a large number of persons, and suggested that the ordinance be amended to define a major event as one having a specific number of persons in attendance, one thousand people as an example, and that she understood such provision would not apply to City events such as the 75th anniversary. The city Manager noted that such limit could potentially pose a legal issue, there has not been opportunity to research that matter as yet, however if determined legal and enforceable, such provision could be placed either in the ordinance or deferred to the policy resolution, another option would be that if a special event permit is issued to one entity, no other special event permit could be issued to another entity for the same location or date, or without the expressed approval of the first entity. Councilmember Hastings spoke for such amendment, yet also to allow the local groups to conduct their fund raisers and to continue the rental of the community centers and Senior Center, that her prime objection was alcoholic beverages in conjunction with the major events, which for one reason takes business away from the local establishments. Councilmember Forsythe pointed out that section 15-1(b) (2) allows the Manager some levity when reviewing an application, that setting limits would make the administration more difficult. The City Manager explained further that if a special event application were submitted by someone representing a for-profit entity the sale or distribution of alcohol would not be permitted in conjunction with their event, in the case of an application for an event that did not request alcohol, then a local non- profit could make application for a fund raising activity to include alcoholic beverages for the same day, and that could be addressed either in the policy or the ordinance to limit the number of events in a particular area on a particular day, or if there were more than one application the sale of alcohol could be limited based upon the combined attendance, and noted that there is currently nothing that limits the number of events that may occur in one day. The Assistant city Attorney indicated that if desired by the Council they would research the limitation issue further, determine what would be legally acceptable in limiting the sale of alcoho~ based upon the number of persons attending an event from a public health, safety and welfare standpoint. with regard to taking no action on the ordinances proposed, the city Manager explained in that case existing Code would be followed, however there is a lack of discretionary clarification upon which to review applications or to justify denial. The Assistant City Attorney advised that the Council could approve first reading of the ordinance at this meeting, and if deemed legally acceptable the ordinance could be amended at the next meeting to provide a number of persons restriction if desired, or the ordinance could receive second reading and be adopted. In response to Council, the City Manager noted receipt of two special event applications, and should the Council approve first reading I I I {.f'; ;;~~:-:.Ai....~ 2-10-92 I of the ordinance recommended by staff there would be grounds to deny the application for-profit, where at this time there is no specific authority to do so, and said he felt a resolution establishing the policies could be prepared by the next meeting. Discussion continued for points of clarification. Wilson moved, second by Doane, to approve the introduction of Ordinance Number 1.49, that the City Attorney be directed to research whether attendance limitations would be legally acceptable, and that a policy resolution be prepared for consideration. I AYES: Doane, Forsythe, Hastings, Laszlo, Wilson NOES: None nU Motion carried ORDINANCE NUMBER ~5H ~ REGULATION OF SMOKING - PUBLIC MEETING FACILITIES Ordinance Number 1'50 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF SEAL BEACH PERTAINING TO THE REGULATION OF SMOKING IN CITY-OWNED PUBLIC MEETING FACILITIES." By unanimous consent, full reading of Ordinance Number 1'50 was waived. The City Manager presented the staff report and clarified that the no smoking provisions would be applicable to public meeting areas in City-owned or leased facilities, and although the regulations would apply to meetings held in the community centers it would not necessarily apply to weddings or other events that are not deemed to be public meetings, and it would be up to the individual or organization to determine whether or not smoking would be allowed at those functions. After brief discussion, Forsythe moved, second by Wilson, to approve the introduction of Ordinance Number ~50 and that it be passed to second reading. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried I " REVISIONS TO PREVIOUSLY APPROVED PARCEL MAPS The City Manager reported the City is in receipt of two requests to modify conditions of previously approved parcel maps, however neither the Code or the Subdivision Map Act specifies a procedure for amendments to parcel maps, thus the request for Council direction. He noted one request concerns the in-lieu park fees applied to Parcel Map 89-162 (Watson - First Street Project) where the applicant has asked that the current park in-lieu fee be applied, $10,000 per unit constructed, rather than the $90,098.00 required as a prior condition of approval of Parcel Map 89-162. It was noted that the applicant could be required to file a new parcel map for consideration by the City which would then be subject to the present in-lieu park fee. Hastings moved, second by Forsythe, to approve Parcel Map 89-162 accepting the current in-lieu park fee of $40,000.00 ($10,000.00 per unit constructed). AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried The city Manager explained that the second request was to amend the conditions of approval of Parcel Map 91-175 (Lurashi) to modify a note on the parcel map requiring demolition of all structures prior to recording of the parcel map, specifically this would allow the applicant to demolish all structures except the historic structure prior to final map recordation. 2-10-92 Hastings moved, second by Forsythe, that prior to recordation of Final Parcel Map 91-175, the applicants would be required to record a covenant in favor of the city that would: 1) require that the historic structure be vacated prior to issuance of a certificate of occupancy for the first of the newly constructed homes; 2) require donation of the historic structure to the City upon vacation; and 3) require cooperation with the city's efforts to remove the historic structure from the property. In response to council, the City Manager stated suggestions have been made as to locations for placement of the historic structure, basically focused on two locations, that there are efforts to obtain grant monies, and private/public participation is being explored as well. I ; AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Mr. Bill Orszewsky, 85 Riversea Road, said he has been a life-long resident of the Trailer Park, that the Park owner has always been fair to him, yet expressed concern with a comment made by Mr. Dawson's attorney at a recent meeting that rent control no longer exists because Riverbeach no longer holds title as the owner of the Park, to which he made reference to Section 3.01 of the Amended Declarations which he said provides that the terms of that document are binding upon any successor of Riverbeach, the present owner of the site the same person who signed the Agreement and Covenants. He noted that there are a number of low income persons residing in the Park, of which he ~as one, made reference to a I Supreme Court case, Yee versus Escondido, stating that many - of those issues relate to the Park at the present, and asked that the Council request the City Manager and City Attorney to monitor the results of that case, specifically with regard to tenancy and beneficiary rights. The city Manager responded that the opinion of Mr. Dawson's attorney is known, yet not accepted by the city as it is felt there is a legal basis for the rent formula in the agreement, and advised that Mr. parrington is monitoring the referenced case. Mr. Mark Hotchkiss, Seal Beach, inquired as to the status of the Archaeological Element. The city Manager stated that the environmental review has taken a lengthier period of time than anticipated, also that the Development Services Director has been on extended jury duty, however offered to follow-up on the status of the Eiement. Ms. Reva Olson, Seal Beach, asked if anything is going forward to regulate entertainment licenses on Main Street that back to residential areas, also noted her request for details relating to the Redevelopment Agency refinancing. The City Manager offered that the issue of entertainment licenses has not been forgotten, that a preliminary staff report has been prepared and is currently under review, also that the information requested with regard to the refinancing had been provided to her, was contained in the Official Statement, and that a memorandum had been prepared I encapsulating the information which could be picked up after this meeting. Making reference to the Council action to enact regulations to protect persons from cigarette smoke, Mr. Bruce stark, Seal Beach, suggested that the city abolish leaf blowers and fine those persons whose burglar alarms malfunction. Councilmember Forsythe advised that the Environmental Quality Control Board have discussed leaf blowers ,and are working on a recommendation to be forwarded to the Council. Mayor Laszlo suggested that a report be prepared regarding leaf blowers in other cities. Mr. Mario voce, Environmental Quality Control Board, reported his " .., ,.,'. . - 2-10-92 motion to ban leaf blowers was not approved, rather there is a six month probation period during which there will be an attempt to teach the operators how to use them correctly, and a ban may be recommended after that period of time. There being no other comments, Mayor Laszlo declared Oral Communications closed. I COUNCIL CONCERNS Councilman Doane said he had just become aware of certain mischief where children approach a car, push it to-and-fro, to activate the burglar alarm. In response to Councilmember Wilson's inquiry regarding repainting of the Lifeguard Headquarters, the City Manager reported the Beach Commission had solicited and received public input, as of this date forty-one persons favored keeping it as it presently exists, and six favored repainting it beige or peach. Councilmember Hastings noted that the beach between 14th Street and Dolphin Avenue is now only seventy feet wide, that there has been pooling behind the berm, that high tides are expected to commence in the next a.m., and reported that packets of information relating to the beach problems have been forwarded to the City's legislators, to now be followed by a letter informing them of the additional beach erosion, and complimented the city Manager for his efforts in this regard, as well as Mr. Whittenberg. The City Manager noted the berm was constructed to the prescribed height with a crest width of between thirty to thirty-six inches, that there should not have been any breaching with tides of less than a six feet, however there had been with a tide of slightly more than five feet, at that time heavy equipment was brought in and about eleven cubic yards of sand was moved every five minutes, and noted that Moffatt and Nichol had been on-site and their recommendations were followed. He reported also that the Navy as well as Moffatt and Nichol had been at Surfside on Friday, that Surfside had constructed a small berm and additional earthwork will commence as of tomorrow, that the costs incurred to date have been approximately $8,000 for the east beach and between $750 to $1000 in Surfside, mostly for equipment rental. He noted the build up adjacent to the pier has been the sand transported to the east beach, that more high tides are anticipated, some sandbagging has been done, that a proposal has been received from Moffatt & Nichol to update their last report with new data, and to also look at some less expensive, interim protection measures while outside funding sources continue to be pursued. Councilmember Forsythe noted that the Beach Commission has looked into artificial reefs with the assistance of a representative of Scripps Institute, and they may have information that would be of value. Mayor Laszlo inquired about the public Works Department cleaning the fire hydrant drains in College Park East during the recent rain storms. I .1 CLOSED SESSION The Assistant city Attorney announced that the Council would meet in Closed Session pursuant to Government Code Section 54956.9(a) to discuss pending litigation in the Franchesi versus Seal Beach and Mola Development versus Seal Beach cases. It was the consensus of the Council to adjourn to Closed Session at 8:47 p.m. The Council reconvened at 8:57 p.m. with Mayor Laszlo calling the meeting to order. The Assistant city Attorney reported the Council had discussed the items previously announced and that no action had been taken. ADJOURNMENT Hastings moved, second by Forsythe, to adjourn the meeting 2-10-92/2-19-92 until Wednesday, February 19th at 7:00 p.m. to meet in a joint workshop session with the Planning Commission AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried Attest: I It was the order of the Chair, with consent of the Council, to adjourn the meeting at 8:59 p.m. lerk and ex-off c of Seal Beach of the Approved: Seal Beach, California February 19, 1992 I The City Council of the city of Seal Beach met in regular adjourned session with the Planning Commission at 7:10 p.m. for a joint study session with regard to additions and remodel of nonconforming residential structures. Mayor Laszlo called the joint session to order with the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Doane, Forsythe, Hastings Chairman Fife Commissioners Dahlman, Law, Orsini Absent: Councilmember wilson-Sharp and Commissioner Sharp Laszlo moved, second by Hastings, to excuse the absence of Councilmember Wilson-Sharp from this meeting. AYES: NOES: ABSENT: Doane, Forsythe, Hastings, Laszlo None wilson-Sharp Motion carried I Dahlman moved, second by Fife, to excuse the absence of Commissioner Sharp from this meeting. AYES: NOES: ABSENT: Dahlman, Fife, Law, Orsini None Sharp Motion carried Also present: Mr. Whittenberg, Director of Development Services Mr. Curtis, Administrative Assistant Mrs. Yeo, City Clerk