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HomeMy WebLinkAboutCC Min 1989-07-10 6-19-89 / 7-3-89 / 7-10-89 ~ of the erk and ex 0 of Seal Beach Attest: I Approved: NOTICE OF CANCELLED/ADJOURNED MEETING NOTICE IS HEREBY GIVEN that the City Council of the City of Seal Beach did, at their regular meeting of June 19, 1989, determine to cancel the regular meeting of the City Council of Monday, July 3, 1989 and_adjo~rn same to Monday, July 10, 1989 at 7:00 p.m. in City Council Chambers, 211 - 8th Street, Seal Beach, California. 1989. I o ne M. Yeo, City 'ty of Seal Beach Seal Beach, California July 10, 1989 The City Council of the City of Seal Beach met in regular adjourned session at 7:13 p.m. with Mayor Grgas calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Grgas Councilmembers Laszlo, Risner, Wilson Absent: Councilmember Hunt With consent of the Council, Mayor Grgas declared Councilman I Hunt's absence from the meeting excused. 7-10-89 Also present: Mr. Nelson, City Manager Mr. Stepanicich, City Attorney Chief Stearns, Police Department Captain Maiten, Police Department Mr. Archibold, Assistant to the City Manager Mrs. Yeo, City Clerk I WAIVER OF FULL READING Wilson 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: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried PROCLAMATIONS Mayor Grgas proclaimed September 16th through October 9th, 1989 as "Coastweeks" and September 23rd as "Adopt-A-Beach - Coastal Clean-Up Day." The Mayor proclaimed the week of August 16th through August 20th as "West Coast Marlin Shoot-Out" in recognition of the efforts made by the American Cancer Society and the Southern California sportfishing community towards the prevention and cure of cancer. 1 PUBLIC HEARING - APPEAL - VARIANCE 4-89 - 2940 WESTMINSTER AVENUE - PRIMROSE RESTAURANT Mayor Grgas declared the public hearing open to consider an appeal to the Planning Commission's denial of Variance 4-89, a request to vary from the required on-site parking requirements for a restaurant in the Service Commercial zone in conjunction with the addition of an enclosed dining patio at 2940 Westminster Avenue, the Primrose Family Restaurant. The City Manager presented the staff report and recommendation for approval of the appeal with the conditions that 1) the applicant restripe the parking lot to provide the seven additional required parking spaces within twelve months of the date of approval, 2) the applicant provide the City with a surity bond in the amount of $1000 to provide the City with the funds required to restripe the parking lot in the event the applicant fails to do so within the given time period, and 3) that Variance 4-89 shall expire within twelve months after the date of its issuance. 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 applicant, Mr. Farshid Tahvildari, confirmed that the property owner will resurface and restripe the parking lot within a year, and that there is presently one hundred six spaces. There being no further public comments, Mayor Grgas declared the public hearing closed. I RESOLUTION NUMBER 3871 - APPROVING VARIANCE 4-89 - 2940 WESTMINSTER AVENUE - PRIMROSE RESTAURANT Resolution Number 3871 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING VARIANCE 4-89, PERMITTING THE ADDITION OF AN ENCLOSED DINING PATIO (797 SQUARE FEET) WITH THE PROVISION OF LESS THAN THE REQUIRED ON-SITE PARKING AT AN EXISTING RESTAURANT LOCATED AT 2940 WESTMINSTER AVENUE (PRIMROSE FAMILY RESTAURANT)." By unanimous consent, full reading of Resolution Number 3871 was waived. Wilson moved, second by Risner, to adopt Resolution Number 3871 as presented. 7-10-89 AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried CONTINUED-HEARING-- HELLMAN PROPERTY DEVELOPMENT Wilson moved, second by -Laszlo, to continue the hearing regarding the Hellman property development, specifically certification of the -Supplemental Environmental Impact Report, amendments to-the General Plan and the Hellman Specific Plan, until the next regular meeting. I AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried RESOLUTION NUMBER 3866 - REFUSE COLLECTION RATE INCREASE Resolution Number 3866 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INCREASING RESIDENTIAL AND COMMERCIAL MONTHLY TRASH COLLECTION CHARGES TO COVER COST OF ORANGE COUNTY LANDFILL-GATE FEES." By unanimous consent, full reading of Resolution Number 3866 was waived. The City Manager presented the staff report of the Finance Director advising that the refuse contractor, Briggeman Disposal, has requested a rate increase to cover the increased Orange County gate fees to $13.75 per ton from $9.50 effective July 1,1989, the adjusted-rate also including the annual change in the CPI, five percent for the past twelve months. Councilmember Risner stated she was unaware that an automatic annual CPI increase is applied to the refuse rates, and suggested that the CPI should only-affect certain items and not the total bill. The City Manager responded I that the CPI applies-to routine costs, that there are provisions for exceptional increases that are outside the control of the contractor, such as -gate fees, explaining that when a rate increase is requested-the total cost of doing business is taken into consideration, and-that a CPI increase would apply each year even without an adjustment request from the contractor. Councilmember Risner said it appears that there is a total pass-through of the gate fee increase in this case, the CPI in addition to that, stating she felt Seal Beach is the only Orange County city that applies a CPI increase, and suggested that if the contract is renegotiated the CPI-increase should be broken down to apply only to those costs that are affected by a CPI indicator, not-the-entire bill. Risner moved, -second by Wilson, to adopt Resolution Number 3866 as presented. AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried RESOLUTION NUMBER 3867 - ORANGE COUNTY COORDINATED LAW ENFORCEMENT/PUBLIC WORKS RADIO COMMUNICATIONS SYSTEM Resolution Number 3867 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PARTICIPATING IN THE ORANGE COUNTY COORDINATED I 800 MHz UHF LAW ENFORCEMENT AND PUBLIC WORKS RADIO COMMUNICATIONS SYSTEM." By unanimous consent, full -reading - of Resolution Number 3867 was waived. The City Manager noted that the cost of this system for Seal Beach will be paid over a five year period, that-one-fifth of the total cost was included in the 1989/90 budget so that the City's share, between $350,000 to $375,00Q, will be available by year 1994. He added that it is his unde~standing all twenty-eight Orange County cities will-be participating in the system. Risner moved, second by Laszlo, to adopt Resolution Number 3867 as presented. 7-10-89 AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried I- RESOLUTION NUMBER 3868 - ARTERIAL HIGHWAY FINANCING PROGRAM Resolution Number 3868 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, INFORMING THE ARTERIAL HIGHWAY FINANCING PROGRAM ADVISORY COMMITTEE OF THE STATUS OF THE CITY OF SEAL BEACH MASTER PLAN OF ARTERIAL HIGHWAYS." By unanimous consent, full reading of Resolution Number 3868 was waived. Laszlo moved, second by Wilson, to adopt Resolution Number 3868 as presented. Councilmember Risner referred to a document from OCTC that listed the-cities that met the qualifications and standards for their arterial highway plan, which did not include Seal Beach, and stated if the sales tax measure is passed by the electorate this City must also conform to their plan, and asked that there be an update so the Seal Beach plan does conform. The City Manager explained that the section of First Street between Marina Drive and Ocean Avenue does not conform since their plan calls for four lanes, and that the-City has applied for an amendment of that specific section, there also being some concern that Bolsa should also be a four lane configuration, however pointed out that when the Mola project goes in and the First Street extension is connected with Regency the City will be relieved of that condition and will be in compliance with handling the arterial load. AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried 1 RESOLUTION NUMBER 3869 - OPPOSING OUTER-CONTINENTAL SHELF LEASE SALE 95 Resolution Number 3869 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, OPPOSING OUTER-CONTINENTAL SHELF LEASE SALE 95." By unanimous consent, full reading of Resolution Number 3869 was waived. The City Manager reported he had participated in a meeting with the coastal cities, Orange County, and SCAG that are administering the program to research the impact of offshore oil drilling, prepare research papers and conduct a public education program. He advised this City has been invited to participate at a cost of $8500, that a proportionate match to the State grant would not be required of Seal Beach as had been of certain other cities, and any monies not used would be refunded up to the $8500 amount. He suggested that the Council consider the $8500 cost of joining the other cities in this research project as part of the other unfunded budget items at this time. I Risner moved, second by Laszlo, to adopt Resolution Number 3869 as presented. Councilman Laszlo reported that from the information he has received the total-amount of oil that would be realized from the new wells would be a three day national supply. Councilmember Risner asked that the funding issue be placed on an agenda for consideration should the lease sale become a reality. Councilmember Wilson stated she would support the participation for education purposes only. AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried 7-10-89 RESOLUTION NUMBER 3870 - RECOGNIZING INTERVAL HOUSE DIRECTORS Resolution Number 3870 was presented to Council and read in full by the Mayor entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RECOGNIZING MARY L. WALTON AND CAROL WILLIAMS, INTERVAL HOUSE DIRECTORS, FOR THEIR SPECIAL ACHIEVEMENTS." Ms. Williams expressed appreciation for the recognition. Risner -moved, second by I' Wilson, to adopt Resolution Number 3870 as corrected to reflect the establishment of Interval House ten years ago rather than five. AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried ORDINANCE NUMBER 1287 - CITY COUNCIL MEETINGS - 2nd AND 4th MONDAYS- Ordinance Number 1287 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 2, ARTICLE I, SECTION 2-1 OF THE CODE OF THE CITY OF SEAL BEACH, RELATING TO COUNCIL MEETINGS AND DECLARING THE URGENCY THEREOF." By unanimous consent, full reading of Ordinance Number 1287 was waived.- The City Manager noted that there may be a conflict for cablecasting the Council meetings until the video facility is completed, which is anticipated to be by the end of August. Discussion followed with regard to considering Tuesday evenings for Council meetings. The conflict of meeting schedules for the City Attorney and deadlines for the news media were noted. The Council suggested the change of meetings to the second and fourth Mondays be effective September lst, thus eliminating the 1 need for an urgency-ordinance. Wilson moved, second by Risner, to approve the introduction of Ordinance Number l287 as amended to-reflect the effective date of September 1st and deleting the urgency thereof, and that it be passed to second reading. AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried CONSENT CALENDAR - ITEMS "K~ throuqh "P" Wilson moved, second-by Laszlo, to approve -the recommended action for items on the Consent Calendar as presented. K. Approved the minutes of the regular adjourned meeting of June 12, 1989. L. Approved regular demands-numbered 75067 through 75234 in the amount of $427,649.50 and payroll demands numbered 35607 through 35791 in the amount of $186,959.33 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. M. Denied-the -claim of Steve Hobberstad for personal property loss and referred same to the City's liability attorney and insurance adjuster. Il N. Denied the claim of Margaret Ellen Corbin- for personal injuries and referred same to the City's liability attorney and insurance adjuster. 7-10-89 I O. Denied the claim of Mable Marshall for personal injuries and referred same to the City'-s liability attorney and insurance adjuster. Authorized continuance of the Bank of America as the City's chief depository based upon the proposals received by the Finance Director. P. AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried APPOINTMENTS - BOARDS and COMMISSIONS Environmental Qualitv Control Board Councilmember Wilson moved to appoint Mr. Gordon Logan to the Environmental Quality Control Board representing Councilmanic District Two for the unexpired term ending July, 1991. Councilmember Risner seconded the motion. AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried 1 Ad Hoc Airport Committee Mayor Grgas requested that the District One appointment to the Ad Hoc Airport Committee be held over. Ad Hoc Retail Sales Committee - Non-Votinq Member Councilman Laszlo proposed that a non-voting member from the Rossmoor Homeowners Association and the Rossmoor Community Services District be appointed to the Ad Hoc Retail Sales Committee to allow their input to the discussions of sales activity in the shopping area north of the freeway. He stated that even though they would not be residents of Seal Beach, he had requested that the two groups provide the names of nominees to the Committee for consideration of the Council. Discussion followed. Council suggested that notice of the meetings be provided those groups so that they could attend and offer their input, it was also noted that if the Homeowners Association were represented on the Committee all other homeowners groups should likewise have representation. Risner moved, second by Laszlo, to invite the Rossmoor Community Services District to select a non- voting representative to the Ad Hoc Retail Sales Committee. AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried Environmental Oualitv Control Board Mayor-Grgas requested that the District One appointment to the Environmental Quality Control Board be held over. I Parks and Recreation-Commission Councilman Laszlo moved to reappoint Mr. Gary Petersen to the Parks and Recreation Commission represertting Councilmanic District Four for the full term of three years expi~ing July 1992. Councilmember Risner seconded the motion. AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried 7-10-89 Planninq Commission Councilmember Wilson moved to reappoint Mr. James Sharp to the Planning Commission representing Councilmanic District Two for the full term of four years expiring July, 1993. Mayor Grgas seconded the motion. AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried I Councilmember -Risner requested that the District Three appointment to the Planning Commission be held over. Proiect Area Committee Mayor Grgas moved to reappoint Mr. Leonard Raif as a resident member of the Project Area Committee and Mr. Robert J. Herron as a business member for the full term of two years expiring July, 1991. Councilmember Wilson seconded the motion. AYES: NOES: ABSENT: G~gas, Laszlo, Risner, Wilson None Hunt Motion carried Councilmember Risner moved to reappoint Mr. Bill Gardner and Mr. John O'Neil as resident members to the Project Area Committee-for the full terms of two years expiring July, 1991. Councilmember Wilson seconded the motion. AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried CITY COUNCIL ITEMS 1 Councilman Laszlo requested repair and maintenance of the Lampson Avenue landscaped median, specifically the sprinklers and the plants, and suggested that if there were no funds to repair the spriklers that the water truck be used. He referred to a recent memorandum from the Airport Site Consensus Team which reported the Naval Weapons Station and the Armed Forces Reserve Center had been removed from- consideration for joint use at their May 20th-meeting, also that the Los Angeles Harbor and Huntington Flats sites would be considered for removal, presumably for the same reasons. Mr. Laszlo made reference to a July 2nd residential fire in College Park East that was caused by illegal use of fireworks and resulted in considerable damage. Noting that the shake roofs in College Park East are at least twenty years old and a considerable fire hazard, he requested a report f~om staff as to the possibility of prohibiting shake roofs, as was recently done in Los Angeles. Recalling a past conversation with regard to renaming the First Street extension, Councilmember Risner-asked that consideration be given to naming the First Street extension "Hellman Ranch Road" in conjunction with the Mola development items. With regard to the Zoeter School site, the City Manager reported the project was temporarily suspended as the result- of the I lender not -accepting the certificate of asbestos removal that was provided by the contractor to the Los Alamitos School District, that the contractor was requested to perform the necessary inspections and certify to that on the appropriate forms. Mr. Nelson stated he has now signed the necessary documents on behalf of the City and Agency, the financing was to be -completed by this date, thereafter the contractor will be on-site. Councilmember Risner reported she had been-requested by Councilman Bates of Los Alamitos to consider a resolution regarding the sharing of information between the cities relating to major 7-l0-89 Planninq Commission Councilmember Wilson moved to reappoint Mr. James Sharp to the Planning Commission representing Councilmanic District Two for the full term of four years expiring July, 1993. Mayor Grgas seconded the motion. I AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried Councilmembe~ Risner requested that the District Three appointment to the Planning Commission be held over. proiect Area Committee Mayor Grgas moved to reappoint Mr. Leonard Raif as a resident member of the Project Area Committee and Mr. Robert J. Herron as a business member for the full term of two years expiring July, 1991. Councilmember Wilson seconded the motion. AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried Councilmember Risner moved to reappoint Mr. Bill Gardner and Mr. John O'Neil as resident members to the Project Area Committee for the full terms of two years expiring July, 1991. Councilmember Wilson seconded the motion. 1 AYES: NOES: ABSENT: Grgas, Laszlo, Risner, Wilson None Hunt Motion carried I CITY COUNCIL ITEMS Councilman Laszlo requested repair and maintenance of the Lampson Avenue landscaped median, specifically the sprinklers and the plants, and suggested that if there were no funds to repair the spriklers that the water truck be used. He referred to a recent memorandum from the Airport Site Consensus Team which reported the Naval Weapons Station and the Armed Forces Reserve Center had been removed from consideration for joint use at their May 20th meeting, also that the Los Angeles Harbor and Huntington Flats sites would be considered for removal, presumably for the same reasons. Mr. Laszlo made reference to a July 2nd residential fire in College Park East that was caused by illegal use of fireworks and resulted in considerable damage. Noting that the shake roofs in College Park East are at least twenty years old and a considerable fire hazard, he requested a report from staff -as to the possibility of prohibiting shake roofs, as was recently done in Los Angeles. Recalling a past conversation with regard to renaming the First Street extension, Councilmember Risner asked that consideration be given to naming the First Street extension "Hellman Ranch Road" in conjunction with the Mola development items. With regard to the Zoeter School site, the City Manager reported the project was temporarily -suspended as the result of the lender-not accepting the certificate of asbestos removal that was provided by the contractor to the Los Alamitos School District, that the contractor was requested to perform the necessary inspections and certify to that on the appropriate fo~ms. Mr. Nelson stated he has now signed the necessary documents on behalf of the City and Agency, the financing was to be completed by this date, thereafter the contractor will be on-site. Councilmember Risner reported she had been requested by Councilman Bates of Los Alamitos to consider a resolution regarding the sharing of information between the cities relating to major 7-10-89 developments and vacant land parcels, the Mayor or Council designee to participate in such meetings, and asked that an appropriate resolution be prepared for the next meeting. She also noted that -Gum Grove Park-is very dry and requested that the Public Works Department water the area to the best of their ability with the water truck. Mayor Grgas noted fading of the red curbs -and handicapped spaces in the downtown area and requested that they be repainted. In response to the City Manager who advised that the City is 1 now required to use waterbase paint which does not hold up, the Mayor suggested consideration could be given to signage for the handicapped spaces. The City Manager explained that a property owner bears the expense of marking parking spaces on private property. Councilman Laszlo suggested that the new plastic marking tape be looked into. In response to Councilmember-Wilson, the City Manager reported a letter had been sent to the Business Association regarding the number of twenty minute parking spaces in the downtown area and inquiring if they felt there were too many, and that a response had not as yet been received. Mr. Nelson noted the new postal drop-adjacent to the Mary Wilson Library. Mayor Grgas referred to the southbound left turn pocket for westbound Pacific Coast Highway traffic, and asked if it would be possible to lengthen that turn lane to accommodate more than three-to four cars and if possible, who would bear the costs. He also reported complaints regarding the length of the signals on Pacific Coast Highway at Seal Beach Boulevard-and at Twelfth Street. The City Manager reported CalTrans has advised that the signal timing is correct and it will not be changed. ORAL COMMUNICATIONS Mayor Grgas declared Oral Communications open. Ms. Patty I Campbell, 4433 Ironwood-Avenue, spoke regarding the recent fire in College -Park East which she said caused damage to three residences, and noted the similarity of age of the homes in College Park East, College Park West, and on the Hill. She referred-to action by the City of Los Angeles banning the use of untreated wood shakes and more recently all roofing materials required to be non-flammable, and urged that Seal Beach consider adoption of regulations requiring the use of non-flammable materials for all reroofing and new construction. The City Manager noted the Orange County Fire Department would be supportive of such restriction, -and offered that the staff could prepare this matter for consideration of the Council by the last meeting in August or first meeting of September. There being no further comments from the audience, Mayor Grgas declared Oral Communications closed. CLOSED SESSION The City Attorney announced the Council would meet in Closed Session pursuant to Government -Code Section 54956.9(a) to discuss Hellmers versus Seal-Beach, and personnel matters. By unanimous consent, the Council adjourned to Closed Session at 8:23 p.m. The Council reconvened at 9:00 p.m. with the Mayor calling the meeting-to order. The City Attorney reported the Council discussed matters relating to I personnel negotiation and a matter of litigation previously announced. ADJOURNMENT With unanimous consent of the Council, Mayor Grgas adjourned the meeting at 9:01 p.m. 7-l0-89 / 7-l7-89 lerk and ex 0 of Seal Beach of the I Approved: ~iA 1- ~ Mayor Att.st/}~,& ~ C~ty Clerk Seal Beach, California July 17, 1989 The City Council of the City of Seal Beach met in regular session at 7:07 p.m. with Mayor Grgas calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Grgas Councilmembers Hunt, Laszlo, Risner, Wilson Absent: None Also present: Mr. Archibold, Assistant to the City Manager Mr. Stepanicich, City Attorney Mr. Thomas, Finance Director Ms. Massa-Lavitt, Interim Development Services Director Mrs. Yeo, City Clerk WAIVER OF FULL READING Wilson 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: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I PROCLAMATIONS Mayor Grgas proclaimed August 8th, 1989 as "National Night Out~ and urged the citizens of Seal Beach to support the Neighborhood Watch Program. At the request of Council, the-proclamation honoring William "Walking Willie" Croaker was held over until the next meeting.