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HomeMy WebLinkAboutCC Min 1989-04-17 4-17-89 Seal Beach, California April 17, 1989 The City Council of the City of Seal Beach met in regular session at 7:40 p.m. with Mayor Hunt calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Hunt Councilmembers Grgas, Laszlo, Risner, Wilson Absent: None Also present: Mr. Nelson, City Manager Mr. Barrow, Assistant City Attorney Mr. Knight, Director of Development Services Mr. Archibold, Assistant to the City Manager Mrs. Yeo, City Clerk WAIVER OF FULL READING Wilson moved, second by Risner, 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: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I AGENDA AMENDED By unanimous consent, the agenda was amended to consider Item non, appointments to the Ad Hoc Airport Committee, at this time. APPOINTMENT - AD HOC AIRPORT COMMITTEE Councilmember Risner moved to appoint Mr. Allyson Christopher as the District Three representative to the Ad Hoc Citizens Airport Committee. Mrs. Risner introduced Mr. Christopher, Executive Director of the Seal Beach Naval Weapons Station. Councilmember Wilson seconded the motion. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried Councilman Grgas requested that the District One appointment to the Airport Committee be held over until the next meeting. PROCLAMATIONS Mayor Hunt proclaimed the week of May 1st through May 7th, 1989 as nStatewide Water Awareness Week.n The Mayor proclaimed and urged observance of May lst, 1989 as nLaw Day, U.S.A.R I Mayor Hunt proclaimed "Imagination CelebrationR and the nVery Special Arts Festivaln from April 21st through April 30th, 1989. PUBLIC HEARING - ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN Mayor Hunt declared th~ public hearing-open to consider the proposed Orange County Hazardous Waste'~anagement Plan. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications had been received either for or against this item. The Development Services Director presented the staff 4-17-89 report, providing an analysis of the current and projected sources of hazardous wastes, hazardous waste management needs and issues, siting and permitting of off-site hazardous waste facilities, policy direction and plan implementation, environmental documentation, and implications of the Plan. Mr. Knight stated that in order for the Plan to be approved, at least fifty percent of the cities which contain a minimum of fifty percent of the County's population must ratify the Plan, and upon State approval of the Plan, the County and its cities are required I to incorporate the facility siting policies and criteria into local planning and permitting policies. He explained that cities must adopt a hazardous waste management plan containing all of the required elements, or incorporate the applicable portions of the approved County Plan by reference into the City's General Plan, or enact an ordinance which requires all applicable'zoning, subdivision, conditional use permit and variance decisions to be consistent with the Plan's siting criteria for hazardous waste facilities. There being no public comments, Mayor Hunt declared the public hearing closed. RESOLUTION NUMBER 3845 - FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT,- ,ORANGE COUNTY HAZARDOUS ,WASTE ,MANAGEMENT PLAN Resolution Number 3845 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (#490) FOR THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN AND FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.n By unanimous consent, full reading of Resolution Number 3845 was waived. ,Risner moved, second ,by Laszlo, to adopt Resolution Number 3845 as presented. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3846 - APPROVING ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN Resolution Number 3846 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN.n By unanimous consent, full reading of Resolution Number 3846 was waived. Risner moved, second by Wilson, to adopt Resolution Number 3846 as presented. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried PUBLIC HEARING - GENERAL PLAN AMENDMENT 1-89 / ZONE CHANGE 1-89 / TENTATIVE PARCEL MAP 89-162 - FIRST STREET/MARINA DRIVE - JAMES WATSON Mayor Hunt declared the public open to consider a request to amend the Land Use Element of the General Plan from oil extraction to medium density residential, to change the City's zoning map from oil extraction to residential medium density, and to approve a subdivision map for the construction of four single family homes for condominium purposes. The City Clerk certified that notice of the I public hearing had been advertised as required by law and that no communications had been received either for or ' against this item, however reported the mailed notice requirement had not been met. The Development Services Director confirmed that notices had not been mailed to those properties within three hundred feet of the subject site, therefore staff would recommend that this item be continued until the ,May ,1st, meeting, to satisfy that requirement. He note4 that the applicant would be unable to attend that 4-17-89 meeting however his representative would be present. Risner moved, second by Laszlo, to continue the public hearing on this matter until May lst. (Proposed Resolution Number 3847, Ordinance Number 1284, and Resolution Number 3848). AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I Mr. Watson stated that should any problems arise with regard to approval of the project on May 1st he would request that this matter be held over until May 15th. He also reported meeting with three adjacent residents to discuss their concerns with the project, which he said he believed to be resolved. Mr. Watson clarified that the proposed dwellings are approximately four thousand two hundred square feet per unit. I PUBLIC HEARING - ZONING TEXT AMENDMENT 1-89 - FENCE HEIGHTS Mayor Hunt declared the public hearing open to consider increasing the allowable height of fences adjoining arterial highways from eight feet to ten feet. The City Clerk certified that notice of the public hearing had been advertised as required by law and reported no communications received either for or against this item. The Development Services Director presented the staff report, and explained that the recommendation of the Planning Commission was to reject ZTA 1-89 and that the current height limitation of eight feet be retained. Mr. Knight reviewed the results of a survey of fence heights in other cities as presented to the Planning Commission, as well as staff concerns with regard to asthetics and creation of a tunnel effect, thus the recommendation that ten foot fences be limited to the City's major arterials, Pacific Coast Highway, Seal Beach Boulevard, San Diego Freeway, Lampson Avenue and Westminster Avenue, and be subject to a minor plan review under certain criteria. Mayor Hunt 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. Ms. Suzanne Andre, 1300 Crestview Avenue and Ms. Alice Davis, 224 - 4th Street, each spoke in support of allowing ten foot fences and walls as a deterrent to traffic noise. There being no further public comments, Mayor Hunt declared the public hearing closed. Councilmember Risner stated ZTA 1-89 resulted from her request in response to residents along Seal Beach Boulevard, and of the streets mentioned by staff she did not feel a tunnel effect would be created as there are residential dwellings on only one side of those streets. Councilman Laszlo stated he felt most walls remain at six feet along Lampson Avenue even though eight feet is presently allowed, and asked that Lampson not be considered for ten foot walls at this time as that height may be excessive for that area. Mr. Knight reported only a few walls have been increased to eight feet along Pacific Coast Highway. Councilmember Wilson stated her concern had been with the asthetics of increasing fence heights, however acknowledged the problems of those living adjacent to certain streets, citing Leisure World residents adjacent to the 405 Freeway as an example. Councilman Grgas indicated support for the recommendation of the Planning Commission, noting the visual impact and lack of effectiveness resulting from various adjacent fence heights that would most likely be realized, and stated his preference for a uniform standard. Mayor Hunt expressed his feeling that noise and security are the concern of the affected residents rather than asthetics. Discussion continued. I 4-17-89 Risner moved, second by Wilson, to approve Zoning Text Amendment 1-89 with the conditions recommended by staff, deleting Lampson Avenue, and that an Ordinance be prepared reflecting same for Council consideration. AYES: NOES: Hunt, Laszlo, Risner, Wilson Grgas Motion carried ORDINANCE NUMBER 1283 - ESTABLISHING REQUIREMENTS - PUBLIC I SAFETY DISPATCHERS Ordinance Number 1283 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING PENAL CODE REQUIREMENTS RELATING TO THE SELECTION AND TRAINING STANDARDS OF PUBLIC SAFETY DISPATCHERS.n By unanimous consent, full reading of Ordinance Number 1283 was waived. Risner moved, second by Laszlo, to adopt Ordinance Number 1283 as presented. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried RESOLUTION NUMBER 3849 - 1988/89 ANNUAL INVESTMENT POLICY Resolution Number 3849 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1988/89." By unanimous consent, full reading of Resolution Number 3849 was waived. Wilson moved, second by Risner, to adopt Resolution Number 3849 as presented. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried ORDINANCE NUMBER 1285 - TELEPHONE USERS TAX - INTERSTATE and INTERNATIONAL COMMUNICATIONS Ordinance Number 1285 was presented to Council for first reading entitled nAN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO TELEPHONE USERS TAX, IMPOSING CHARGES FOR INTERSTATE AND INTERNATIONAL TELEPHONE COMMUNICATIONS.R By unanimous consent, full reading of Ordinance Number 1285 was waived. The City Manager referred to the mid-year budget workshop and ,discussion of financial problems forcast for the City in future years, also the indication by Council of a willingness to make adjustments to certain revenue sources. He explained that the proposed Ordinance provides for the application of the existing telephone users tax to interstate and international communications, patterned after an action by the City of Los Angeles in 1987. He added that the current senior citizen discount would continue to apply, and that the various suppliers would collect the users,tax on behalf of the City. The Assistant City Attorney reported a recent U. S. Supreme Court decision that validated a five percent excise tax on telephone usage in Illinois, that action lending further support for imposing the users tax to interstate and international communications, and explained that the opinion letter of the Los Angeles Assistant City Attorney was prepared prior to the Supreme Court decision that determined under the United States Constitution it was legal to impose such a tax. He also reported that their interpretation of Proposition 62 is that it does not apply to charter cities, pending litigation to ultimately clarify the legislative intent of that Proposition. Councilman Laszlo expressed his objection to further taxation of citizens, suggested that certain office ,businesses should pay a greater amount than they are currently, and stated he would rather consider this matter in conjunction with the budget. The City Manager reported that a wide range of fees I I 4-17-89 I are presently being looked at, a report to be forthcoming to the Council for budget considerations. Discussion followed with members of the Council commenting on various revenues and sources of revenues, the potential for up to forty percent increase in Utility Users Tax through the application proposed, a majority of that percentage from business rather than the residential user. Councilman Grgas stated he would prefer to have more complete budget information prior to considering this matter. The procedural time frame for the Ordinance to be in effect was discussed, the Assistant City Attorney suggested that the suppliers be noticed of the implementation of the tax concurrently with consideration of the Ordinance, and the City Manager offered that a specific effective date could be applied to the Ordinance. Discussion continued. Risner moved, second by Hunt, to approve the introduction of Ordinance Number 1285, amended to reflect an effective date of July lst, and that Ordinance Number 1285 be passed to second reading. AYES: NOES: ABSTAIN: Hunt, Risner, Wilson Laszlo Grgas Motion carried CONSENT CALENDAR - ITEMS "M" throuah "0" Councilman Laszlo requested that Item "N" be removed from the Consent Calendar. Grgas moved, second by Risner, to approve the recommended action for items on the Consent Calendar, except Item "N", as presented. I M. Approved regular demands numbered 74122 through 74284 in the amount of $324,545.21 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. O. Declared certain vehicles to be surplus as set forth in the April 6, 1989 memorandum from the Director of Public Works, and authorized the auction of same. AYES: Grgas, Hunt, Laszlo, Risner, Wilson NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "N" - MINUTES Councilman Laszlo moved to hold over the minutes of the April 3rd meeting and that the City Attorney be requested to review his comments with ,regard to the traffic mitigation discussion. Councilmember Risner seconded the motion. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I CITY ATTORNEY REPORT - TRAFFIC MITIGATION POLICIES Laszlo moved, second by Risner, to hold this item over until the City Attorney is present. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried CITY COUNCIL ITEMS In response to Councilmember Wilson, the City Manager confirmed that approval of increasing the height of walls and fences to ten feet would not preclude construction of a higher wall between the 405 Freeway and Leisure World in the 4-17-89,/ 5-1-89 future. Councilmember Risner expressed appreciation to the City Manager and Public Works Department for their efforts in response to her request for certain repair and maintenace at Gum Grove Park. Mayor Hunt suggested that the staff investigate the possibility of applying the utility Users Tax to a cogenerator of electrical energy, should such cogeneration occur at some point in the future. ORAL COMMUNICATIONS Mayor Hunt declared Oral Communications open. Mr. Joe I Bommarito, ,1213-1/2 Seal way, addressed the Council, as he had the previous meeting, with regard to allowing persons to " swim around the municipal pier. He stated he felt those that are experienced swimmers should be allowed the privilege of swimming,the pier, yet less experienced swimmers should be aware that it is a risk and should remain within the two hundred yards of the beach, also in reviewing the City Code he felt nothing clarifies that a swimmer can not go beyond the two hundred yards. Mr. Bommarito asked for a response to the City Attorney's review of this matter. Mayor Hunt responded that until such time as the citation issued to Mr. Bommarito is resolved, comments on this matter would not ,be in order, however invited Mr. Bommarito to submit his suggestions with regard to swimming regulations after the May 18th hearing on the citation. There being no further comments, Mayor Hunt declared Oral Communications closed. CLOSED SESSION No Closed Session was held. ADJOURNMENT Wilson moved, second by Risner, to adjourn the meeting at 9:15 p.m. AYES: Grgas, Hunt, Laszlo, Risner, Wilson NOES: None Motion carried I the Seal Beach, California May 1, 1989 The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Hunt calling the meeting to order with the Salute to the Flag. I