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HomeMy WebLinkAboutCC Min 1992-04-27 I I I ~ ,'lI Po ~ ': . .. . 4-13-92/4-27-92 lerk and ex-o of Seal Beach Approved: ~;h/.~L ~41 Mayor Attest: Seal Beach, California April 27, 1992 The City council of the city of Seal Beach met in regular session at 7:02 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 Absent: Councilmember Wilson-Sharp Forsythe 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 Also present: Mr. Bankston, City Manager Mr. Barrow, Assistant City Attorney Mr. Whittenberg, Director of Development Services 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. AYES: NOES: ABSENT: Doane, Forsythe, Hastings, Laszlo None Wilson-Sharp Motion carried ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Ms. Sue Corbin, Seal Beach, inquired why Zoeter Park is locked during regular play hours. She said when the property was purchased it was her understanding that it was meant to be used by children rather than over-aged baseball players, claimed that the Recreation Department allows children the use of a key to unlock the Park, and asked if it can be locked legally. A forthcoming response to her questions was offered. Ms. Corbin also said there is concern that the woman feeding the cats at the jetty is being harassed, concern also with the well being of the animals, this a problem 4-27-92 that needs to be resolved. Mr. Bill Orszewsky, 85 Riversea Road, mentioned his communications to the Council regarding the budget and the Hellman Ranch property, noted that a critical issue is the desire of the citizens to maintain a small town atmosphere and the affects on the city of how the Hellman property will be used. He offered to serve on the Hellman Specific Plan Committee when formed, citing the development of a plan to satisfy all I interests as a difficult task, and announced his interest in seeking the District Three council seat in 1994 should the present representative not seek re-election. Mr. Richard williamson, Public Affairs Officer, Naval Weapons station, announced, on behalf of Captain Hampe, the participation of the Station in the Autumn Run, also conveyed appreciation to the city and Public Works Department personnel for their assistance with the beach cleanup near Surfs ide as part of the Earth Day project, noting that such cleanup is an ongoing effort. Mr. Williamson made reference to a recent news article entitled "Seal Beach Erosion Fear stirs Navy's Port pick", reduced in scope from an article in the March 13th Federal Register. As a point of clarification he read excerpts from the Register article: "At the present rate of ship funding and acquisition, two AOE-6 Class ships will require a homeport on the U. S. west coast within the next two or three years. While ship construction proposals indicate that additional ships could be funded and built in the future, only two ships are currently proposed for homeporting on the U. S. west coast". .."Naval Weapons Station, Seal Beach, California, was evaluated for providing ordnance support to any of the three potential southern California homeport sites, based on environmental and operational considerations, Naval Shipyard puget Sound is the preferred alternative for the homeporting action"...the report "does not include final decisions for homeporting additional AOE-6 Class ships at Long Beach or San I Diego, no proposal presently exists to homeport ships at Long Beach or San Diego, decisions regarding homeporting at these sites will be made as subsequent homeporting proposals are developed, and are studied in tiered environmental impact statements, ordnance loadout capabilities requirements will be addressed, as appropriate, in tiered documentation." Mr. Williamson pointed out that the Draft Environmental Impact statement prepared over a year ago pointed out that the Naval Shipyard puget Sound was the preferred alternative, environmentally and economically the easiest, and there were only two ships being sought, the statement also concluding then, as is the case today, that there was no need to do an evaluation of Naval Weapons station, Seal Beach, because only two AOE-6 Class ships were being funded. He emphasized that there is no knowledge of any plan to do additional work in Seal Beach, and should there be in the future the City would be informed and public participation would be sought. There being no further comments, Mayor Laszlo declared Oral Communications closed. PRESENTATION - BUSINESS ADVISORY COMMITTEE Mr. Bruce Walter, Chairman of the Business Advisory Committee, presented a report of the Committee's findings. He noted specifically the responsibility of the Committee to determine ways to increase sales tax revenue of this city, to survey all business license holders to determine support for a one time $50 I assessment to fund an economic development study, to which he reported seven hundred fifty-four questionnaires had been mailed to license holders, there was a twenty-seven percent response of which fifty-two responded yes, one hundred forty-five responded no, and six indicated other. Mr. Walter read his report in full, concluding that although the Committee has completed its initial task, offered the Committee to assist in the upcoming General Plan Update, and noted that the Committee firmly believes this City must accept a more positive posture to encourage retail growth and sales tax revenues. Mr. Walter provided each member of the Council with a copy of his report. ,I I I . '. ;' ~ ',1 . ., 4-27-92 Councilmember Hastings offered a motion to accept the report from the Business Advisory Committee with appreciation, that the Committee be disbanded, and that the members of the Committee participate in the discussions relating to the General Plan Update if they choose to do so. The Assistant City Attorney advised that it has been the practice of the Council to merely direct that the Committee be disbanded with no further action necessary. Mayor Laszlo said if there is a desire to form a committee relating to the General Plan Update, a representative of the Chamber could serve on such committee. Councilmember Forsythe noted that the priority issues resulting from past marketing studies have been signage, parking and lighting, and there should be an effort to implement those at the earliest possible time. There was an indicated consensus of the Council to accept the Business Advisory Committee report, and that the Committee be disbanded. PROCLAMATIONS Mayor Laszlo proclaimed Saturday, May 9th, 1992 as "Fire Service Recognition Day" and urged all citizens to become better acquainted with the firefighters, their apparatus and equipment, and the professional service they provide. Joe Kalmick, station captain for the Seal Beach Volunteer company, accepted the prOClamation on behalf of the regular firefighters and Volunteers with appreciation, noted that the Volunteers have provided service to Seal Beach since 1928, and mentioned their recent preparation for the event of a major earthquake. The Mayor proclaimed the week of May 7th through May 13th, 1992 as "Clean Air Week." APPOINTMENT - BEACH COMMISSION The District Two appointment to fill the vacancy on the Beach Commission was held over. CONSENT CALENDAR - ITEMS "E" throuah "L" Mayor Laszlo requested Item "F" removed from the Consent Calendar, and a member of the audience requested Items "G" and "H" be removed. Hastings moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar, except Items "F, G and H," as presented. E. Approved regular demands numbered 87560 through 87715 in the amount of $443,193.11 and payroll demands numbered 49692 through 49863 in the amount of $192,325.40 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. I. Adopted Resolution Number 4136 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING AN AGREEMENT FOR COST SHARING OF STATE HIGHWAY ELECTRICAL FACILITIES IN THE CITY OF SEAL BEACH" (on Pacific Coast Highway, at Seal Beach Boulevard, and the 405 Freeway). J. Approved Amendment No.1 to Agreement D87-320, Lifeguard Subsidy Program, between the City of Seal Beach and the County of Orange, extending the Agreement for a period of five years, until June 30, 1997. 4-27-92 K. Adopted Resolution Number 4137 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING FOR COMPENSATION FOR THE POSITION OF CITY MANAGER AND APPROPRIATION OF FUNDS THEREFORE." L. Designated Elizabeth Stoddard as city Treasurer, Quinn Barrow as City Attorney, Michael Colantuono as Assistant City Attorney, authorized initiation of the process to retitle of Finance Director to Director of Administrative Services, and authorized initiation of the process to eliminate the personnel classification of Assistant city Manager. I- AYES: NOES: ABSENT: Doane, Forsythe, Hastings, Laszlo None Wilson-Sharp Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F" - MINUTES Mayor Laszlo requested that his statement regarding the recent election, presented under Council Concerns on April 13th, be included in the minutes verbatim, and moved to approve the minutes as amended to include same. Councilmember Hastings seconded the motion. AYES: NOES: ABSENT: Doane, Forsythe, Hastings, Laszlo None Wilson-Sharp Motion carried I ITEMS "G" and "H" - CLAIMS Ms. Sue Corbin, Seal Beach, asked if the actual claims are reviewed by the Council, and if not, how a vote can be taken without doing so. During the discussion that followed it was explained that a notebook containing copies of the claims is available in the City Clerk's office, that the claims presented' to Council for action are remanded to the persons having expertise in those matters, the liability attorney and the claims adjuster, therefore complete review of each claim would serve no purpose, also that the Council does not have the ability to do investigations, interview witnesses, etc. that may be necessary. The Mayor read a summary of the two claims under consideration. Ms. Corbin stated her desire that all claims be read for information of the residents. Mayor Laszlo disagreed, and cautioned that all too often a specific type of claim prompts others to be filed. Doane moved, second by Forsythe, to deny the claim of Mr. John Boag and deny the amended claim for damages of Mr. George Casen, and that same be referred to the City'S liability attorney and insurance adjuster. AYES: NOES: ABSENT: Doane, Forsythe, Hastings, Laszlo None Wilson-Sharp Motion carried I PUBLIC HEARING - NEGATIVE DECLARATION and ARCHAEOLOGICAL AND HISTORICAL ELEMENT OF THE GENERAL PLAN Mayor Laszlo requested that this public hearing be opened and continued until a future date to allow further clarification of certain information relating thereto. It was the order of the Chair, declare a recess at 7:59 p.m. p.m. with Mayor Laszlo calling with consent of the Council, to The Council reconvened at 8:07 the meeting to order. I I I 4-27-92 Mayor Laszlo declared the public hearing open to consider the proposed Archaeological and Historical Element of the General Plan. The City Clerk certified that the notice of hearing had been advertised as required by law, and reported no communications had been received either for or against this item. Laszlo moved, second by Hastings, to continue the public hearing until Tuesday, May 26th at 7:00 p.m. AYES: Doane, Forsythe, Hastings, Laszlo NOES: None ABSENT: Wilson-Sharp Motion carried ORDINANCE NUMBER 1i~~and RESOLUTION NUMBER 4139 - MERGER OF CONTIGUOUS PARCELS The Director of Development Services presented the staff report, a proposed amendment of Chapter 21 of the city Code regarding the merger of contiguous parcels in common ownership to comply with the requirements of the Subdivision Map Act, Government Code sections 66451.10 through 66451.21. He explained that a merger would only apply to parcels of less than the 2500 square foot minimum lot size, would not cause a reassessment under the provisions of Proposition 13, reassessment occurring only upon change of ownership or new construction on the property, thus no impact on property taxes, nor an impact on park fees since there would only be one residential unit on the property. Hastings moved, second by Doane, to approve the introduction and first reading of Ordinance Number li52 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 21 OF THE CODE OF THE CITY OF SEAL BEACH REGARDING THE MERGER OF CONTIGUOUS PARCELS IN COMMON OWNERSHIP," to adopt Resolution Number 4139 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, EXPRESSING AN INTENTION TO AMEND THE PARCEL MERGER ORDINANCE OF THE CITY PURSUANT TO GOVERNMENT CODE SECTION 66451.20," instruct the city Clerk to publish Resolution Number 4139 in accordance with the requirements of Government Code sections 66451.20 and 6061, and that the second reading of Ordinance 1i52 be scheduled for a meeting no less than thirty days from the date of publication. AYES: Doane, Forsythe, Hastings, Laszlo NOES: None ABSENT: Wilson-Sharp Motion carried ORDINANCE NUMBER ~rt - PLANNING COMMISSION Ordinance Number 1153 was presented to Council entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REGARDING THE ESTABLISHMENT OF A PLANNING COMMISSION AND AMENDING THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1153 was waived. The Director of Development Services reported the proposed Ordinance amends various sections of Chapter 17 of the Code, clarifies that the "Planning Commission and City Council shall be governed by the California Planning and Zoning Law only to the extent that statute is expressly made applicable to this Code" since Seal Beach is a Charter city and is not subject to all of the provisions of the Government Code as are General Law cities, the Ordinance proposes a majority vote of a quorum of the Planning Commission for certain matters however noted a concern expressed by members of the Council that all matters should require a majority vote of the entire Commission, compensation of the Commission propose~ to be deleted from the Code and established by Council Resolution, and Section 17-8, "Source of Funds by Tax Levy and Use of General Funds of the City," proposed to be deleted as the provisions of Proposition 13 and State law now control. with regard to the vote requirement the Director suggested an amendment that would mandate that an item relating to a specific district not be 4-27-92 considered unless the district representative is present. Councilmember Forsythe indicated that a majority vote of a quorum, or approval with two affirmative votes if only three Commissioners are present, would be acceptable if language were added for clarification "provided that the representative from the respective district is present on said topic, or said topic will be postponed until district representation is possible." The Director noted that if a majority vote of the Commission were required business could be conducted with three affirmative votes even if a vacancy existed, in the event of a two to two vote there could be an option made available to the applicant as to whether an action would be desired or not. He noted that the Code presently requires three votes for Conditional Use Permits, Variances, and Minor Plan Reviews, yet Height Variations, the Planned Sign, Program, etc., have no requirement, and suggested that the proposed Ordinance be revised to require that all applications requiring Planning Commission approval receive a majority vote of the Commission and that the district representative be present at the time a decision is rendered. A member of the audience asked that this item be held over for further review, another indicated concern with giving up local control. Staff 'suggested that the required vote section of the proposed Ordinance be revised, referred to the Planning Commission for their review and subsequently presented to the Council for consideration. The Assistant city Attorney explained that the major change was meant to retain local control through reliance on the City's Charter rather than state law by amendment of the language of section 17;1. It was the consensus of the Council that the language of Section 17.4(d) be revised, referred to the Commission for review and subsequently brought back to the City Council. COUNCIL CONCERNS Councilmember Forsythe noted that April is designated as earthquake preparedness month and suggested that citizens review the precautions set forth in the telephone directory. Councilmember Ha~tings said she felt the right decision was made when the people denied the Mola project given the earthquake faults and concern for public health, safety and welfare. She reported a telephone call requesting that someone having a professional sprayer artistically cover the graffiti on the Lifeguard Headquarters, also the property lQcated at 1401 Seal Way, that there has reportedly been more gang activity on the pier and suggested a police officer and canine patrol of the ' area. Mayor Laszlo said he understood the delay in removing the graffiti from the Lifeguard Station related to matching the specially mixed paint used for the television series filming. He inquired as to the status of re-establishing a Hellman Specific Plan Committee, and whether a committee to work on the General Plan Update has been considered. The City Manager said he believed the Hellman Specific Plan Committee would be on the next Council agenda, that a General Plan Update Committee had been discussed by staff, however of preference would be a separate committee for each of the Elements. Mayor Laszlo indicated his desire to expedite updating of the General Plan. ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Ms. Beverly Casares, Seal Beach, asked if the City had been reimbursed for the attendance of the wife of the Police Chief at a function in Huntington Beach. She said she hoped the city would take advantage of the Peter Ueberroff Commission Report relating to governmental problems at the State level. Ms. Casares read her description of what a City Manager should and should not be. Ms. Casares said she would accept nothing less than the completion of vital citizen issues, that this is the citizens town, they run it, and the Council holds office at the pleasure of the citizens. " I -I I I I I '3' . . I"~ . ,.1, 4-27-92/5-11-92 There being no further comments, Mayor Laszlo declared Oral Communications closed. CLOSED SESSION No Closed"Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, May 11th, 1992 at 6:00 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent at 8:50 p.m. ~- of the C C erk and ex-off~c~o of Seal Beach Approved: Mayor Attest: Seal Beach, California May 11, 1992 The Seal Beach City Council regular adjourned meeting of May 11, 1992, 6:00 p.m., was cancelled due to the lack of business items for discussion in Closed Session. 992. IS~~ M~ef/, ~i (y of Seal Beach Seal Beach, California May 11, 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-Sharp Absent: None Also present: Mr. Bankston, City Manager Mr. Barrow, city Attorney Mrs. Yeo, City Clerk