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HomeMy WebLinkAboutCC Min 1993-01-25 I I I 1-11-93/1-25-93 C C of the lerk and ex-o of Seal Beach Approved: _~u~ ~tlZA"';_/-:' Mayor Attest: Seal Beach, California January 25, 1993 The City Council of the city of Seal Beach met in regular adjourned session at 6:01 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL (,lIT.T. Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Barrow, City Attorney Mrs. Yeo, City Clerk CLOSED SESSION The City Attorney announced that the city Council would meet in Closed Session pursuant to Government Code Section 54956.9 (a) and (b) to discuss an action of O'Keefe versus city of Seal Beach, and two other matters of significant exposure to litigation. By unanimous consent, the Council adjourned to Closed Session at 6:03 p.m. The Council reconvened at 6:48 p.m. with Mayor Forsythe calling the meeting to order. The City Attorney reported the Council had discussed the items previously announced, gave direction with respect to the O'Keefe case, and no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:49 p.m. erk and ex-off of Seal Beach Approved: ~'t~ /%~ ..;#-J/h - Mayor Attest: 1-25-93 Seal Beach, California January 25, 1993 The city council of the City of Seal Beach met in reqular session at 7:01 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 Mr. Whittenberg, Director of Development Services Mrs. Yeo, city Clerk WAIVER OF FULL READING Doane moved, second by Laszlo, 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. Reva Olson, Seal Beach, restated her previous request that the Redevelopment Agency meetings be cablecast for information of the public. Mr. Laird Mueller and Mr. Joe Palmer, members of the Seal Beach Cable Communications Foundation, announced the addition of two educational channels now available to the public, Channel 20 broadcasting Coastline Community College courses, and Channel 55 broadcasting classes from Cal state Fullerton. Mr. Mueller explained that the Cable Foundation is a non-profit organization promoting local programming, funded by a Comcast Cable grant, provides cablecasting of city council and Planning Commission meetings, special events and public access shows produced by Comcast and funded by the Foundation, the equipment and rebroadcasts also Foundation funded. Mr. Palmer noted that persons will actually have the opportunity to matriculate to an associate degree by means of the Coastline courses, the cost of the courses the same as if one were in attendance, and the classes from Cal State Fullerton should be of interest to many persons in the community. Ms. Dorothy Whyte, Seal Beach, made reference to Resolution Number 4079 and the August 26, 1991 minutes pertaining to the donation and use of the 75th Anniversary logo. She noted that the Chamber of Commerce has been allowed use of the logo and the intent of the Rotary Club to make a like request, to which she objected and claimed such use is not in keeping with the Resolution. She stated the logo was a work of art, designed and donated to the City, the cost of such design a minimum of $10,000, additionally that it has historical significance. Ms. Whyte asked that consideration be given to rescinding the use of the logo by any group, that it be restricted to city or co-sponsored use only, stating that its use by others will reduce its value and significance and diminish the spirit in which it was given. There being no further comments, Mayor Forsythe declared Oral Communications closed. I I I I I I 1-25-93 PRESENTATION Mayor Forsythe read in full the Proclamation honoring and commending Miss Jessica Kaplan, Seal Beach resident and Los Alamitos High School student, for her efforts and achievements in volunteerism toward a drug, alcohol and tobacco free lifestyle. Ms. Ellen Lever, President of the Seal Beach Seaside Lions and Mr. Ray Longoria, President of the Seal Beach Host Lions, described the Orange County Lions Clubs program for teen recognition and the process for selecting outstanding recipients such as Jessica. They and Miss Kaplan expressed appreciation for the Council recognition. COUNCIL ITEMS APPOINTMENTS - ARCHAEOLOGICAL ADVISORY COMMITTEE Councilman Laszlo requested that the District Four appointment be held over. Councilman Doane nominated Ms. Edith Wolff as his second District Five appointment to the Advisory Committee. Laszlo moved, second by Hastings, to approve the District Five appointment. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried APPOINTMENT - PLANNING COMMISSION Councilmember Hastings introduced Mr. Mark Soukup, 16th Street, as her nominee to fill the existing vacancy on the Planning Commission. At the request of Councilmember Hastings, Mr. Soukup presented a brief profile of himself. Hastings moved, second by Brown, to approve the appointment of Mr. Mark Soukup as the District One representative to the Planning Commission for the unexpired term ending July, 1994. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried APPOINTMENTS - MARINA PARK IMPROVEMENT COMMITTEE The city Manager recalled that at the time formation of this Committee was being considered there had been an uncertainty as to the desired membership. Mayor Forsythe suggested the membership be limited to five with unlimited opportunity for public input. She confirmed her prior appointment of Ms. Tina Stevenson, recognized the offer of Mr. Bob Eagle of the Public Works Department to act in the capacity as staff representative to the Committee, and offered to provide the Council with a list of persons interested in serving on the Committee to be considered for appointment at next meeting. COMCAST CABLE Councilman Laszlo noted the intent of this item was to allow the prior presentation by the Cable Foundation members. He mentioned however his continuing dissatisfaction with the cable company passing on their property tax assessment and franchise fee to the cable customers, a practice that is not typical of other franchisees. ORANGE COUNTY COASTAL GOVERNMENTS COALITION MEETING Councilman Laszlo reported his attendance at a recent meeting of the Coastal Coalition. As a point of background he mentioned that a moratorium on off-shore oil drilling exists in California, renewed by Congress annually, that the intent last year was that it be extended until year 2000, yet when the 1992 bill was adopted Orange County was somehow omitted, and the moratorium expires September 30th this year. He explained that the goal of the Coastal Coalition is to establish permanent protection of the ocean and coastline by means of a marine sanctuary off the Orange County coastal cities, extending from the coastline to catalina, 1-25-93 affording protection from off-shore drilling, protection of sealife, yet allow commercial operations. He said there appears to be support for the proposal by congressmen Packard and Cox, that the Committee had requested him to provide Congressman Rohrabacher with information relating to this city's position on the matter, noted that Seal Beach previously adopted a Resolution in opposition to off-shore oil drilling and asked for Council 'I consideration of readopting that Resolution. The City Manager confirmed that an updated Resolution relating to off-shore oil drilling and a separate Resolution calling for establishment of a marine sanctuary are scheduled for the next Council agenda. CONSENT CALENDAR - ITEMS "G" thru "R" It was the consensus of the Council to consider Items "J" and "K" separately so as to reflect the vote of the Council as indicated at the previous meeting. Doane moved, second by Brown, to approve the recommended action for items on the Consent Calendar as presented, with a separate vote on Items "J" and "K". G. Approved reqular demands numbered 90234 in the amount of $3,725.00, numbered 1000 through 1130 in the amount of $145,120.17, and payroll demands numbered 156 through 323 in the amount of $396,562.98 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. H. Approved the minutes of the regular adjourned meeting of January 4, 1992. Received and filed the monthly investment report as of December 31, 1992. L. Approved the recommendation of the City Council Sub-committee for the selection of Chambers Group, Inc, Environmental Research Archaeologists, and Interdisciplinary Research Incorporated as archaeological consultants for the City of Seal Beach, and authorized the City Manager to execute appropriate contracts with those firms. I I. M. Proclaimed the week of February 22nd through February 28th, 1993 as "Medical Assistants Week." N. Accepted the resignation of Maury Gutkin as the District Five representative to the civil Service Board and declared the position to be vacant. o. Received and filed the Annual Financial statements for the City of Seal Beach and the Seal Beach Administration Building Authority for fiscal year ending June 30, 1992. I P. Approved the Amendment to the West Orange County Water Board Joint Powers Agreement. Q. Approved the First Amendment to the Joint Cities Agreement between the cities of cypress, Los Alamitos, La Palma, and Seal Beach for the purposes of providing and sharing in solid waste management. I I I 1-25-93 R. Authorized participation in the Request for Proposal (RFP) to study joint police communications with the cities of cypress and Los Alamitos. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "J" - RESOLUTION NUMBER 4197 - NEGATIVE DECLARATION I CONDITIONAL USE PERMIT 92-13 - ENTERTAINMENT - PAPILLON RESTAURANT Resolution Number 4197 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION 92-8 AND APPROVING CUP NO. 92-13, PERMITTING A SINGLE, NON-AMPLIFIED ENTERTAINER IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 143 MAIN STREET, SEAL BEACH (PAPILLON RESTAURANT)." By unanimous consent, full reading of Resolution Number 4197 was waived. Brown moved, second by Doane, to adopt Resolution Number 4197 as presented. AYES: NOES: Brown, Doane, Forsythe, Laszlo Hastings Motion carried ITEM "K" - RESOLUTION NUMBER 4198 - DENYING MODIFICATION OF CONDITIONS - CONDITIONAL USE PERMIT 92-2 - HOURS OF OPERATION - SEASIDE GRILL Resolution Number 4198 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING A MODIFICATION TO THE CONDITIONS OF APPROVAL OF CUP 92-2, A REQUEST TO AMEND THE HOURS OF OPERATION IN CONJUNCTION WITH AN EXISTING RESTAURANT LOCATED AT 101 MAIN STREET, SUITE 0 (SEASIDE GRILL)." By unanimous consent, full reading of Resolution Number 4198 was waived. . Forsythe moved, second by Brown, to adopt Resolution Number 4198 as presented. AYES: NOES: Brown, Forsythe, Hastings, Laszlo Doane Motion carried CONTINUED PUBLIC HEARING - APPEAL - CONDITIONAL USE PERMIT 92-4 - OFF-SALE BEER and WINE - OAKWOOD APARTMENTS Mayor Forsythe declared the continued public hearing open to consider the appeal of Planning Commission denial of Conditional Use Permit 92-4, a request for an off-sale beer and wine license in conjunction with a recently approved convenience store within a residential complex, 333 First Street (Oakwood Apartments). The Director of Development Services presented the staff report and recommendation of the Planning Commission to deny the request for the off-sale beer and wine license. He stated the basic issue of the appeal is an interpretation of the Code which allows accessory commercial uses in apartment complexes of one hundred fifty units or more, Section 28-300(3) (e) stating that "all uses and services shall be designed for the specific convenience of the residents and their guests." The Director reported there had been considerable discussion of the term "specific convenience" by the Commission and the basis for their decision was that the term meant it was for the specific use of the residents of the complex, not the general public, however the appeal poses the opinion that the term could be interpreted to mean that the primary purpose is for the residents, yet a person who does not reside in the complex could technically come to the convenience market, purchase an item, and take it Off-premises. He acknowledged that there had been some testimony before the Commission relative to problems experienced by neighboring properties. The Director reported that staff has since researched the number of Off-premise licenses in the census tract 1-25-93 where this property is located, determined that eight currently exist, yet based upon criteria of the Alcoholic Beverage Control five licensed locations would be allowed. He noted that a number of years ago the city requested, through the Police Department, to be placed under ABC Rule 61.3 which deals with over- concentration of liquor establishments within census tracts. Mayor Forsythe invited members of the audience wishing to speak I to this item to come to the microphone and state their name and address for the record. Ms. Joan Wolff, representing the owners of the Oakwood Apartment complex, requested to make a presentation before the Council and the opportunity for rebuttal comments. Ms. Helen Evans, Oakwood Apartments property manager, 333 First street, indicated she opened the complex of five hundred forty-nine apartments in 1971, stated the majority of their residents are corporate, about fifty percent of those McDonald Douglas people from out of the country, most often do not have a current drivers license, and their transportation to work is generally by shuttle, a large number of the residents are also elderly persons, here temporarily from colder climates, and stated all of these residents would benefit from the convenience store. She described the store as adjacent to the business office, no exterior lights or signs, entrances from the lobby and the pool area, no video games, etc. Ms. Evans reported eighty- nine percent of the residents signed a petition in support of the store, and stated she felt the requested beer and wine license would be of benefit to the residents and their quests. On behalf of the appellant, Ms. Joan Wolff noted that the Planning Commission had previously approved the convenience store, making it unnecessary for the residents to drive or obtain a ride to other outlets, confirmed that the store will have no exterior advertising or direct access from the outside. She claimed that I the store and the sale of beer and wine are in compliance with the city Code provided conditions are met, stated the opinion of the appellant that the Planning Commission spent an undue amount of time on a technicality of ABC Rule 27, which requires that premises with an off-site beer and wine license be open to the general public, and a potential conflict with the language of City Code Section 28-300(3) (e), to which she stated that is not the case as they must comply with both. In other words if the CUP is granted the sale of alcohol will need to be specifically designed for the residents and guests as well as technically be open to the general public. She added that based upon their research it is not felt that the ABC will determine that this use as conditioned will violate Rule 27. Ms. Wolff displayed photographs of the complex, the location of the convenience store, entrances thereto, etc. She disagreed with the statement that there is an over-concentration of liquor outlets in the area, stated this store was designed for the convenience of the residents and their guests only, that there is no admittance except by a security guard after 6:00 p.m., and again noted the entrances to the store are only through the lobby and from the pool area. She cited the importance that this not be a detriment to the City, the residents, the surrounding neighborhoods, or reflect badly on the complex. Ms. Wolff again stated it is felt that the convenience store, with the sale of beer and wine, meets I the needs of Oakwood residents and their guests and has no impact on the community. Mr. Laird Mueller, 8th street, spoke in favor of this request, said it will not effect Old Town or the quality of life, it will keep those residents off the roadways, and people outside the complex are not going to go to Oakwood to buy beer or wine. Dr. David Rosenman, Seal Beach, disagreed, stated this is another incremental use, it is over-concentration, and offered that Oakwood can likely do very well without the sale of beer or wine, impacting the community, or setting a precedent. He mentioned I I I 1-25-93 also that there are a number of alcohol outlets that deliver, therefore this could not be considered a hardship on Oakwood residents. Sol John, 12th Street, indicated support for the request. Ms. Wolff disagreed that this is an incremental use, the hours of operation are 9:00 a.m. until 9:00 p.m., it is not meant to be a major profit center, merely for the convenience of the residents and their guests. There being no further comments, Mayor Forsythe declared the public hearing closed. It was the order of the Chair, with consent of the Council, to declare a recess at 8:05 p.m. The Council reconvened at 8:20 p.m. with Mayor Forsythe calling the meeting to order. Councilman Brown inquired about the mention of neighborhood complaints, and the delivery of alcohol. The Director of Development Services noted that the minutes of the July and September Commission meetings reflect some noise complaints, a suggestion that Oakwood residents walk to other liquor outlets, and surmised that it is likely that when ordering items from a market or liquor store to be delivered that beer or wine could be included. He confirmed that concentration is calculated by census tract, and if approved, this would be the ninth such license. Forsythe moved, second by Brown, to sustain the recommendation of the Planning Commission, denying the request for an off-sale beer and wine license. Mayor Forsythe cited complaints of late night noise from the complex, the availability of other off-sale facilities in the immediate area, and over-concentration as her specific concerns. staff confirmed that the Code allows this type of accessory use in a complex of one hundred fifty or more units, however any request for an alcohol related land use is required to go through the Conditional Use Permit process. Ms. Wolff asked that the report of the Police Department citing low crime activity be given consideration. ' AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried staff advised that a resolution reflecting the action of the Council will be presented at the next meeting. ENGINEERING SERVICES - LIGHTING MAINTENANCE DISTRICT NO.1 The City Manager explained that subsequent to preparation of the staff report further research was done with regard to a Landscape Maintenance District, and at this time the recommendation of staff would be to accept the proposal of Willdan Associates for engineering services for the annual levy of assessment for Lighting Assessment District Number 1 at a cost of $8,500. Laszlo moved, second by Doane, to approve the request for engineering services as recommended by the City Manager. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried COUNCIL CONCERNS Councilman Doane made reference to the Consent Calendar item declaring the District Five position on the Civil Service Board to be vacant, to which he explained that Mr. Gutkin has served in that position for a number of years, has been ill and unable to attend recent meetings, and at such time as he is able to resume his position the person appointed to fill the vacancy will resign to allow Mr. Gutkin's reappointment. For the information of a local resident, Councilman Doane noted the recent adoption of an ordinance by the city of Laguna banning leaf blowers. 1-25-93/2-8-93 ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Gordon Shanks, 215 Surf Place, noted a proposal by the new federal administration for an energy tax, and inquired what cost impact a five percent increase would have on the city's lighting. The City Manager explained that in preparing the engineering study for the lighting assessment district only actual figures can be 1- used, that the impact of an energy tax may not be known this year and it is quite likely that Edison will be required to make application to the Public utilities Commission in order to increase their rates or add the surcharge, and the City's rate would not change until Edison had such approval. Dr. David Rosenman, Seal Beach, called attention to a potential safety problem at the intersection of Seal Beach Boulevard and Bolsa Avenue with cars making right turns over the bike lane, suggesting that it should either be striped for turning or no turn signs posted. Sol John, 12th Street, said leaf blowers only blow dirt and leaves from one place to another. There being no further comments, Mayor Forsythe 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, February 8th at 6:00 p.m. to meet in Closed Session. It was the consensus of the Council to adjourn the meeting at 8:36 p.m. of the I . \ Approved: Attest: Seal Beach, California February 8, 1993 The reqular adjourned City Council meeting scheduled for 6:00 p.m. this date to meet in Closed Session was cancelled. THIS ~A ne M. ~ {i{y Y of Seal Beach 1993. I