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HomeMy WebLinkAboutCC Min 1993-02-08 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 I I I 2-8-93 Seal Beach, California February 8, 1993 The city council of the City of Seal Beach met in reqular session at 7:00 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Bankston, city Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk WAIVER OF FULL READING Doane moved, second by Hastings, 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 There were no Oral Communications. PRESENTATIONS Mayor Forsythe proclaimed the week of February 14th through February 20th, 1993 as "Vocational Education Week." Los Alamitos Unified School Board member Ms. Jeanne Flint accepted the Proclamation with appreciation, and briefly described the North Orange County Regional Occupational Programs that serve more than 35,000 adults and high school juniors and-seniors annually, various educational opportunities including art, office automation, and computer graphics as examples, as well as preschool and special education programs. Ms. Flint announced that the School Board will be holding one of two public meetings at McGaugh School during the month 'of March ~o obtain public input and assistance relating to school financial matters. AGENDA AMENDED Brown moved, second by Doane, to consider Consent Calendar Item "J" at this time. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "JII - PROCLAMATION Mayor Forsythe proclaimed the week of February 8th through February 12th, 1993 as "Give Your Heart to Casa Week" in Seal Beach to mark the inauguration of a major effort at Casa Youth Shelter to establish an endowment fund that will ensure independent resources for the continuity of service to troubled teens and their families. Ms. Wendi Rothman, Casa board member, accepted the proclamation on their behalf with appreciation. PRESENTATION - SAVE OUR PIER GROUP Ms. Joyce Risner, Chairman of the Save Our pier Plaque Committee, introduced Cisti Smith and Linda Stobbe, recognized Group members Daisy FUnk, Barbara Wright, Rosie Gruss, and Barbara Barton, 2-8-93 restated appreciation to the Bank of America for providing the cost-free account, and mentioned participation in the fund by the Business Association, Junior Womens Club, Seaside Lions, LOTE, and Seal Beach Republic Womens Club as well. Ms. Risner presented a check in the amount of $8,790 to the city Manager for the Pier Repair Fund, and a $10,392 facsimile check to the Mayor in recognition of the total SOP donation to date. Ms. Risner I announced that the donation account will remain open for another month. Mayor Forsythe and the city Manager accepted the pier repair donation with appreciation on behalf of the city. COUNCIL ITEMS APPOINTMENTS - BOARDS/COMMISSIONS Archaeoloaical Advisorv Committee The District Four appointment to Archaeological Advisory Committee was held over until next meeting. civil Service Board Councilman Doane moved to appoint Ms. Renee McNett as the District Five representative to the civil Service Board for the unexpired term ending July, 1993. He noted that Ms. McNett has agreed to relinquish the position at such time as Mr. Gutkin is able to resume his duties on the Board. Councilman Brown seconded the motion. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried MARINA PARK IMPROVEMENT COMMITTEE Councilmember Hastings appointed Ms. Mary Johnson to the Marina I Park Improvement Committee; Councilman Brown appointed Ms. Elizabeth Knego; and Councilman Doane appointed Melissa Downey- - Bayer. Councilman Laszlo requested that his appointment be held over until the next meeting. The City Manager indicated that an organizational meeting of this committee will likely occur soon after the next Council meeting. Doane moved, second by Hastings, to confirm the appointments to the Marina Park Improvement Committee. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried The Director of Development Services stated that as soon as the report from the archaeology consultant is received on the Unocal project an initial meeting of the Archaeological Advisory Committee will be scheduled, quite likely by the end of this month. Councilman Laszlo asked that meetings not be scheduled for Thursday evenings. APPOINTMENTS - AREA AGENCY ON AGING TRANSPORTATION COMMITTEE Councilman Doane offered to serve as the representative to this committee. It was the consensus of the Council to hold over the appointment of an alternate representative, noting also that the appointment need not be a member of the Council. Brown moved, I second by Hastings, to approve Councilman Doane as the representative to the Area Agency on Aging Transportation Committee. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CONSENT CALENDAR - ITEMS "F" thru "L" Laszlo moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented. I I I AYES: NOES: 2-8-93 F. Approved regular demands numbered 1131 through 1233 in the amount of $609,781.30 and payroll demands numbered 337 through 506 in the amount of $281,729.59 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. G. Approved the minutes of the January 4, 1993 special meeting, the January 11, 1993 reqular adjourned meeting, the January 11, 1993 reqular meeting, the January 25, 1993 reqular adjourned meeting, and the January 25, 1993 regular meeting. H. Adopted Resolution NU1IIber 4199 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING CUP 92-4, A REQUEST TO ALLOW THE OFF-PREMISE SALE OF BEER AND WINE IN CONJUNCTION WITH A PROPOSED CONVENIENCE STORE LOCATED AT 333 FIRST STREET, SEAL BEACH (OAKWOOD APARTMENTS)." By unanimous consent, full reading of Resolution Number 4199 was waived. I. Adopted Resolution Number 4200 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT 1571, RECONSTRUCTION/OVERLAY OF SEAL BEACH BOULEVARD IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN SILVIA CONSTRUCTION, INC. AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4200 was waived. J. (The "Give Your Heart to Casa Week" proclamation was considered separately and presented at the beginning of the meeting. ) K. Adopted Resolution Number 4201 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALLING FOR THE PROTECTION OF COASTAL RESOURCES FROM OFFSHORE OIL EXPLORATION AND DRILLING." By unanimous consent, full reading of Resolution Number 4201 was waived. L. Adopted Resolution Number 4202 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING THE CREATION OF A NATIONAL MARINE LIFE SANCTUARY BETWEEN THE ORANGE COUNTY COASTLINE AND CATALINA ISLAND." By unanimous consent, full reading of Resolution Number 4202 was waived. Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - APPEAL - CONDITIONAL USE PERMIT 92-9 - G & M OIL COMPANY - 1300 PACIFIC COAST HIGHWAY The Director of Development Services reported a request of the applicant to continue this item as they were unable to be present 2-8-93 at this meeting. Mayor Forsythe declared the public hearing open to consider the appeal of G & M Oil Company to Planning Commission approval of Conditional Use Permit 92-9, Condition 5, prohibiting the filling of gasoline storage tanks between the hours of 2:00 a.m. and 6:00 a.m. in conjunction with an existing service station at 1300 Pacific Coast Highway. The City Clerk certified that notice of the public hearing had been advertised and mailed as required by law, and reported no communications received relating to this item. No member of the public indicated a desire to speak to this item. It was the order of the Chair, with consent of the Council, to continue the public hearing until the February 22nd meeting. PUBLIC HEARING - APPEAL - CONDITIONAL USE PERMIT 92-22 - NIP' n 'STUFF LIOUOR - 322 MAIN STREET Mayor Forsythe declared the public hearing open to consider the appeal of Mr. John Baker to Planning Commission approval of Conditional Use Permit 92-22, Condition 6, requiring the removal of all existing lighted window signs advertising alcoholic beverages in conjunction with an existing liquor store at 322 Main street. The City Clerk certified that notice of the public hearing had been advertised and mailed as required by law, and reported no communications received relating to this item. The Director of Development Service presented the staff report and recommendations of the Planning Commission, and noted the issue under consideration is whether or not to allow the existing lighted alcoholic beverage advertising signs to remain in the windows of this business. In response to a question of Council, he confirmed that a copy of the Department of Alcoholic Beverage Control license of the applicant and conditions thereof has not as yet been submitted, that condition to apply at such time as the final determination on CUP 92-22 is made, also it is understood that this particular premises has had an ABC license for many years and that there are no ABC conditions. Mayor Forsythe invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. John Baker, appellant and owner/operator of Nip 'N stuff Liquor, stated he has never been asked for the conditions of his license, however it will be provided upon approval of CUP 92-22. He said given the current business climate he felt it only fair that he should be allowed to continue to operate his business as he has for a number of years, with the existing conditions, and it appears that the condition to not allow lighted signs in windows is a decision of the Planning Commission since no such requlation has been formally adopted. He recalled that approximately mid-1980's there had been two alcohol service applications to which the no window signs condition was applied, and during those considerations it is understood that the position of the City had been that the lighted signs of the Green Pepper and Nip Nil stuff were grandfathered until such time as the ownership changed. Mr. Baker pointed out that nothing regarding his business has changed. Mr. Roger West, 1201-A Electric Avenue, duly sworn by the Clerk as requested, spoke in favor of sustaining the decision of the Planning Commission. He made reference to August 9, 1989 minutes of the Ad Hoc Retail Sales Committee at which time Chairman Baker raised no objection to mention of the city commencing enforcement of the sign ordinance, he claimed at that time there was an ordinance that prohibited lighted signs in windows, under which the appellant should have removed his signs, yet the uniform sign ordinance was later repealed by a subsequent ordinance, and suggested that that ordinance should be reenacted. Mr. Baker indicated recollection of committee discussions with regard to signs, however was basically due to sign pollution along the Highway, the result of which was the lowering of sign heights and removal of roof signs, and that he did not recall I I I I I I 2-8-93 discussion of alcohol or lighted signs. There being no further comments, Mayor Forsythe declared the public hearing closed. In response to council, the Director explained his understanding that the condition to not allow lighted alcoholic beverage window signs began as a Council policy for applications before the Planning Commission on a case by case basis, that to his knowledge there has not been an ordinance addressing same, yet in past cases this condition has been applied as conditional use permit approval is sought, generally upon the transfer of a business, however in this case the CUP application is pursuant to the provisions of previously approved Ordinance Number 1348, and other similar applications are now being scheduled for consideration. He indicated his interpretation of the Commission determination was that a sign advertising beer, wine, or the name of the business would be allowed, and noted further a recent draft policy statement of conditions of approval for alcohol related land uses, of which window signs is one condition, that policy anticipated to be before the Council in the near future subsequent to further legal review. Hastings moved, second by LaSZlo, to sustain the decision of the Planning Commission, requiring the imposition of Condition 6, and denying the appeal. AYES: NOES: Brown, Forsythe, Hastings, Laszlo Doane Motion carried The city Attorney advised that a resolution would be prepared reflecting the action of the Council for consideration at the next meeting. The Director again mentioned that conditions to regulate this type of siqnage is proposed in the forthcoming draft policy statement. FOUNDER's DAY CELEBRATION The City Manager recalled the prior request of a citizen to consider an annual Founder's Day celebration. He reported there appears to be acceptance and support for such celebration by various local organizations with an indicated preference for activities during the entire third week of October. He requested input from the Council as to their support of a Founder's Day Celebration, and if support is indicated recommended that this matter be referred to the Parks and Recreation Commission to act in a coordinative roll with the city Manager to establish areas of responsibilities among the various local organizations and preparation of a proposal to then be considered by the Council. Given the workload of staff, the Mayor stated her preference that the Manager merely oversee such a project. The Manager concurred that there is insufficient personnel to allow any degree of dependance on staff, and although the current structure of the Parks and Recreation Commission is advisory, it is felt that they can facilitate coordinating the efforts of the various groups. There was an indicated consensus of the Council to support the concept of a Founder's Day Celebration in accordance with the recommendation of the City Manager. COUNCIL CONCERNS Councilman Brown indicated his desire to speak to an item he referred to as California Senior LegiSlature at a future meeting. Councilman Laszlo wished Seal Beach resident Beverly Casares the best and a quick recovery. Councilmember Hastings mentioned a complaint of street lights being out on the 200 block of Seal Beach Boulevard, a call advising that the surf breached the berm this date to which she suggested that an attempt be made to obtain the services of the Long Beach dredge to move sand onto 2-8-93/2-22-93 the east beach area, and suggested that a committee be formed to review past studies and reports with regard to the issue of parking, specifically in-lieu, and that the information be brought up-to-date in order to determine what solutions that may be possible. The city Manager responded that the Planning staff has commenced an evaluation of available parking at various hours of the day and evening in and around the Main street area, that I the various past studies and inventories are being compiled, and suggested that the Council may wish to devote some time to meet with the public prior to establishing a committee. Councilmember Hastings indicated support for an evening meeting with all of the past data made available to the public. ORAL COMMUNICATIONS There were no Oral Communications. 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 22nd at 6:00 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent at 8:02 p.m. ( \ \ C erk and ex-off f Seal Beach erk of the Approved: _ <i'n I - ./ 9Z-. "'j" ~ " Mayor I Attest: Seal Beach, California February 22, 1993 The City Council of the city of Seal Beach met in reqular adjourned session at 6:02 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Hastings, Laszlo Councilmember Doane I Absent: Councilman Doane arrived at 6:03 p.m. Also present: Mr. Barrow, City Attorney Mrs. Yeo, city Clerk