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HomeMy WebLinkAboutCC Min 1986-01-27 1-13-86 / 1-27-86 C~ty Seal of the I Approved:_ ~~..... a , --i4 ~ ~MaYOr -l4 Attest: Seal Beach, California January 27, 1986 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Risner calling the meeting to order with the Salute to the Flag. ROLL CALL present: Mayor Risner Councilmembers Brownell, Clift, Grgas, Wilson I Absent: None Also present: Mr. Joseph, Acting City Manager Mr. Stepanicich, City Attorney Mr. Baucke, Director of Development Services Mr. Hemphill, Director of Public Works/ City Engineer Mr. Malkemus, Administrative Aide Mrs. Yeo, City Clerk WAIVER OF FULL READING Brownell moved, second by Wilson, 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: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I PROCLAMATION Mayor Risner declared the month of February, 1986 as "National Children's Dental Health Month." AGENDA AMENDED Wilson moved, second by Clift, to consider Item III" out of order at this time. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried 1-27-86 RESOLUTION NUMBER 3562 - COMMENDING McDONNELL DOUGLAS CORPORATION Resolution Number 3562 was presented to Council and read in full by Mayor Risner entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, COMMENDING THE McDONNELL DOUGLAS CORPORATION AND THE DOUGLAS AIRCRAFT COMPANY'S DC-3 TRANSPORT AIRCRAFT 50th ANNIVERSARY." Brownell moved, second by Clift, to adopt Resolution Number 3562 I as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Mr. Dewey Smith, Community Relations Manager, Douglas Aircraft Company, expressed appreciation to the Council for the commendation. PUBLIC HEARING - ZONING TEXT AMENDMENT 7-85 - ACCESSORY COMMERCIAL USES - R-3 ZONE Mayor Risner declared the public hearing open to consider Zoning Text Amendment 7-85, a proposal to establish general provisions and limitations to allow accessory commercial uses. The City Clerk certified that notice of the public hearing had been published as required by law, and reported no communications had been received either for or against this matter. The Director of Development Services presented the staff report and recommendations of the Planning Commission, stating that Zoning Text Amendment 7-85 would allow accessory commercial uses for tenants only in residential complexes of seventy-five units or greater located in the R-3 (high density residential) Zone upon the issuance of a Conditional Use Permit subject to specific conditions and limitations. Mr. Baucke reported the Amendment is the result of a request made by the property manager of the Oakwood Garden Apartments. There were no communications from the audience; Mayor Risner declared the public hearing closed. ORDINANCE NUMBER 1210 - ACCESSORY COMMERCIAL USES - R-3 ZONE Ordinance Number 1210 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING SECTION 28-800 PERMITTED USES (3) (e) TO CHAPTER 28, ARTICLE 8, HIGH DENSITY RESIDENTIAL ZONE, ESTABLISHING GENERAL PROVISIONS AND LIMITATIONS ALLOWING ACCESSORY COMMERCIAL USES WHICH SERVE ONLY TENANTS AND GUESTS OF LARGE RESIDENTIAL COMPLEXES THROUGH THE ADOPTION OF A CONDITIONAL USE PERMIT." By unanimous consent, full reading of Ordinance Number 1210 was waived. Discussion followed regarding the basis for allowing such use based upon the number of units, seventy-five versus the one hundred fifty units as originally proposed by the staff. Risner moved, second by Grgas, to amend Ordinance Number 1210 to reflect one hundred fifty units, that Negative Declaration 8-85 be adopted, to approve the introduction of Ordinance Number 1210 as amended and that Ordinance Number 1210 be passed to second reading. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried PUBLIC HEARING - REFERRAL BACK PROCEDURES - PLANNING COMMISSION Mayor Risner declared the public hearing open to consider Zoning Text Amendment 9-85 reiating to referral back procedures to the Planning Commission. The City Clerk certified that notice of the public hearing had been published as required I I 1-27-86 by law, and reported no communications had been received either for or against this item. The Director of Development Services presented the staff report, reviewed the background of zoning Text Amendment 9-85, and the recommendations of the Planning Commission. There were no communications from the audience; Mayor Risner declared the public hearing closed. I ORDINANCE NUMBER 1211 - REFERRAL BACK PROCEDURES - PLANNING COMMISSION Ordinance Number 1211 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO REFERRAL BACK PROCEDURES AND AMENDING THE SEAL BEACH MUNICIPAL CODE.II By unanimous consent, full reading of Ordinance Number 1211 was waived. Brownell moved, second by Grgas, to adopt Negative Declaration 10-85, approve the introduction of Ordinance Number 1211, and that Ordinance Number 1211 be passed to second reading. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I PUBLIC HEARING - ZONE CHANGE 1-85 - STATE LANDS COMMISSION SITE Mayor Risner declared the public hearing open to consider Zone Change 1-85, a proposal to change the designation of the State Lands Commission parcel, located at First Street and Pacific Coast Highway, from the C-l (Service Commercial) Zone to the S.P.R. (Specific plan Regulation) Zone. The City Clerk certified that notice of the public hearing had been published as required by law, and reported no communications had been received either for or against this matter. The Director of Development Services presented the staff report and recommendations of the Planning Commission. There were no communications from the audience; Mayor Risner declared the public hearing closed. ORDINANCE NUMBER 1212 - APPROVING ZONE CHANGE - STATE LANDS COMMISSION PARCEL ordinance Number 1212 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING ZONE CHANGE 1-85, A REQUEST TO CHANGE THE ZONING DESIGNATION OF THE 2.74 ACRE STATE LANDS PARCEL FROM C-l (SERVICE COMMERCIAL) TO S.P.R. (SPECIFIC PLAN REGULATION) ZONE AND TO AMEND THE ZONING MAP ACCORDINGLY." By unanimous consent, full reading of Ordinance Number 1212 was waived. Brownell moved, second by Wilson, to adopt Negative Declaration Number 11-85, approve the introduction of Ordinance Number 1212 and that Ordinance Number 1212 be passed to second reading. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ORDINANCE NUMBER 1207 - SETBACK REQUIREMENTS - REVERSE CORNER LOTS Ordinance Number 1207 was presented to Council for second reading entitled IIAN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO THE INTERIOR SIDE SETBACK REQUIREMENT FOR REVERSE CORNER LOTS LOCATED IN PLANNING DISTRICT I (OLD TOWN) ." By unanimous consent, full reading of Ordinance Number 1207 was waived. Grgas moved, second by Wilson, to adopt Ordinance Number 1207 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried 1-27-86 ORDINANCE NUMBER 1209 - REPEALING ORDINANCE NUMBER 686 _ PACIFIC LIGHTING SUPPLY FRANCHISE Ordinance Number 1209 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING ORDINANCE NO. 686." By unanimous consent, full reading of Ordinance Number 1209 was waived. Brownell moved, second by Wilson, to adopt Ordinance Number 1209 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, wilson None Motion carried I RESOLUTION NUMBER 3560 - AUTHORIZING DESTRUCTION - POLICE RECORDS Resolution Number 3560 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN POLICE RECORDS." By unanimous consent, full reading of Resolution Number 3560 was waived. Brownell moved, second by Wilson, to adopt Resolution Number 3560 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3561 - AUTHORIZING DESTRUCTION - PERSONNEL RECORDS Resolution Number 3561 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN PERSONNEL RECORDS." By unanimous consent, full reading of Resolution Number 3561 was waived. Brownell moved, second by Wilson, to adopt Resolution Number 3561 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3563 - AMENDING RESOLUTION NUMBER 3535 - DISABILITY RETIREMENT PROCEDURES - SAFETY OFFICER Resolution Number 3563 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING RESOLUTION NUMBER 3535 REGARDING DETERMINATIONS OF DISABILITY IN ACCORDANCE WITH SECTIONS 21034 AND 21028 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA." By unanimous consent, full reading of Resolution Number 3563 was waived. The Acting City Manager reported the proposed Resolution amends the previously adopted disability procedures with regard to notifications. Brownell moved, second by Clift, to adopt Resolution Number 3563 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORDINANCE NUMBER 1213 - HAZARDOUS MATERIALS DISCLOSURE Ordinance Number 1213 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, ADDING CHAPTER lOA TO THE MUNICIPAL CODE OF THE CITY OF SEAL BEACH RELATING TO HAZARDOUS MATERIALS DISCLOSURE." By unanimous consent, full reading of Ordinance Number 1213 was waived. Mr. Malkemus, Administrative Aide, reported the adoption of a Hazardous Materials Disclosure Ordinance by the Orange County Board of Supervisors and subsequent direction to the Orange County Fire Department to develop program components necessary for implementing the Ordinance within the unincorporated and contract services areas, as well as a fee schedule for cost recovery. Mr. Malkemus reported further that AB 2185, approved in September 1985, I 1-27-86 I requires every county to implement AB 2185, the primary purpose of which is to provide readily available information regarding the location, type, and health risks of hazardous materials to emergency response personnel and other authorized government officials. He noted that AB 2185 further provides that every jurisdiction must designate an agency to assume responsibility for administering and enforcing this provision of law. Mr. Malkemus reported proposed Ordinance 1213 designates the Orange County Fire Department as the administering agency for Seal Beach, and recommended its adoption. James Radley, Assistant Chief, Orange County Fire Department, responded to questions posed by members of the Council. Mr. Radley reported that information has been gathered regarding the existance of hazardous materials through fire inspections, indicating that approximately sixty businesses in Seal Beach will fall under the Ordinance disclosure requirements, and that those businesses will be provided the information necessary to comply with those reporting requirements. He also reported the fee imposed covers the cost of the program, to be adjusted annually. Brownell moved, second by Clift, to approve the introduction of Ordinance Number 1213 and that it be passed to second reading. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I CONSENT CALENDAR - ITEMS "K" THROUGH "T" Councilman Brownell requested Items "P, Q, and S" removed from the Consent Calendar; Councilman Grgas requested Item "0" removed. Wilson moved, second by Brownell, to approve the recommended action for items on the Consent Calendar, except Items "0, P, Q, and S," as presented. L. Approved the minutes of the regular City Council meeting of January 13, 1986. M. Approved regular demands numbered 59167 through 59476 in the amount of $510,896.09, and payroll demands numbered 19409 through 19544 in the amount of $135,622.13 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. N. Denied the claim of Jean Ethel Davis and referred same to the City'S insurance adjuster. R. Bids were received until 11:00 a.m., January 21, 1986 for Janitorial Services, at which time they were publicly opened by the City Clerk as follows: Benco Building Services, Inc. American Building Maintenance Co. $42,728.04 $45,120.00 I Rejected the low bid and awarded the contract for Janitorial Services to American Building Maintenance Company in the amount of $45,120.00 per year, and authorized the City Manager to execute the contract on behalf of the City. T. Awarded the bid for demolition of B-114, Surfside, to the sole bidder, John Dodd Company, in the amount of $9,500.00. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried 1-27-86 ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "0" - AMBULANCE AGREEMENT - ORANGE COUNTY The Acting City Manager explained that the proposed agreement, between the City and County of Orange, designates the County as agent for the City and provides that the City will follow the County's procedures, as prescribed by the previously adopted Ordinance regulating the licensing of ambulance I services and selected carriers, and that there is no financial impact on the City. Grgas moved, second by Brownell, to approve the Ambulance Agreement between the City and the County of Orange, and authorize the Acting City Manager to execute the Agreement on behalf of the City. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEM "plI - ORANGE COUNTY FORUM III Councilman Brownell suggested that the ten persons to be selected to participate in Forum III be representative of the five City districts. The Director of Public Works clarified that the Orange County Transportation Commission has requested that one person be designated to participate on the Technical Advisory Committee for Forum III, that Committee to determine the agenda for that conference. Brownell moved, second by wilson, to designate the Director of Public Works as the City's representative to the Forum III Technical Advisory Committee, approve the appropriation of $300 from the General Fund to provide financial support for Forum III, and that each Councilmember submit the names of two persons from their respective district to participate in Forum III to the Acting City Manager for forwarding to the Orange County Transportation Commission. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ITEM "Q" - PLANS AND SPECIFICATIONS - ALLEY RECONSTRUCTION - PROJECTS 549 and 557 Councilman Brownell expressed his concern with the $196,000 carried over from a previous budget, designated for project Number 549, again recommending that all encumbered funds should be rebudgeted annually for information of the Council and accuracy of the annual adopted budget. The Acting City Manager explained that the engineering portion of project Number 549 had taken place during the previous fiscal year, however the project was postponed due to the anticipated rainy season with the intent to combine that project with project Number 557. Mr. Joseph suggested that project 549 be held over pending a report from staff regarding the status of funding for the project and a budget amendment to reflect same. Brownell moved, second by Clift, to hold over consideration of project Number 549 as recommended by the Acting City Manager, and to approve the plans and specifications for project Number 557, reconstruction of the Second Street alley between Ocean Avenue and Central Avenue, and the Eighth Street alley between Ocean Avenue and Electric Avenue, and authorize the Acting City Manager to advertise for bids. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEM "s" - ENVIRONMENTAL ASSESSMENT - REVISED STATE LANDS SPECIFIC PLAN Councilman Brownell noted that this item deals with a request for a cost proposal for performing an Environmental Assessment ] 1-27-86 I of the State Lands site, stating that he had discussed this matter as well as the City Code provisions dealing with bidding procedures with the staff. Mr. Brownell stated that although the cost incurred for the environmental analysis will be borne by the developer, he felt the Council should be aware of such potential expenditures. The Acting City Manager clarified that the request was for proposals of cost to prepare the assessment, that no expenditure has been made or committed to, and explained that repayment of such cost will be required upon submittal of the initial application for a project to the City. The Director of Development Services reported the State Lands representatives present at the meeting indicated that they would like to proceed with development of the site at the earliest possible time, also that a meeting is anticipated with them in the near future involving the City Attorney and staff to discuss a development agreement for the project in an effort to expedite submittals to the Coastal Commission. Mayor Risner noted the Planning Commission direction to staff to request proposals for the environmental assessment, stating her understanding that the Commission does not have the right to expect or direct the expenditure of funds without Council action, however she indicated her support for moving toward development of the site. Councilman Grgas pointed out that the Planning Commission does have the right to initiate and direct environmental reviews, in this particular case, the City is initiating the study and assuming its cost initially, to be repaid to the City by the developer, in order to reduce the processing time for the State Lands project. A member of the audience, Mr. Antos, loth street, stated that much of the information proposed to be contained in the Environmental Assessment could be obtained from previous environmental documents dealing with expansion of the Redevelopment Agency and the Hellman Specific plan. Objecting to the cost of the assessment, and the information being requested, Mr. Antos suggested that an up-front deposit or a bond guaranteeing repayment to the City, be required. The Director of Development Services explained that the adopted Specific plan regulation provisions require an initial deposit to process the Specific plan development, which includes the environmental documents, and in this case submittals could be as early as June since the State Lands and potential developer are requesting to expedite the process. Mr. Baucke suggested however, that nothing would preclude requesting an up-front deposit or bond at this time to insure repayment for the environmental assessment. Additionally, the Director reported that the Redevelopment Agency expansion documents did provide some general environmental information on the subject property, however nothing of a nature that would preclude the preparation environmental analysis of the project site. Brownell moved, second by Wilson, to authorize the Acting City Manager to enter into an agreement for an Environmental Assessment of the Revised State Lands Specific plan with Michael Brandman & Associates at a cost not to exceed $25,410, negotiation of an agreement for the optional detailed geOlogy/soils investigation in an amount not to exceed $7,500, and that the a deposit or bond to cover said contract amounts be requested from the State Lands or the potential developer. I I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried AGENDA AMENDED It was the consensus of the Council to amend the agenda to allow for a presentation at this time. 1-27-86 Emily Frazier Allebaugh, addressed Council on behalf of the Seal Beach pier Group, recalling January 27th when the storms demolished the pier, expressed appreciation to the City Council, City staff and citizens for their contribution toward the reopening of the pier on January 27, 1985, and requested the opportunity to recognize a co-founder of the fund raising group, Joyce Risner, on this day, her birthday, and presented the Mayor with a bouquet of flowers. Mrs. Risner expressed her appreciation to the Group. The Council, by unanimous consent, declared a recess at 8:09 p.m. The Council reconvened at 8:22 p.m. with the Mayor calling the meeting to order. with the consent of the Council, Mr. Bill Compton, Southern California Edison Company, addressed the Council and expressed appreciation to the Council and the City staff for the cooperation afforded him during his twelve years as community representative to Seal Beach, and announced that he will be assuming a new assignment with the Edison Company. Mr. Compton introduced Mr. Mike Martin, who will be his replacment as Seal Beach Edison representative. Mayor Risner, on behalf of the Council, welcomed Mr. Martin and expressed appreciation and congratulations to Mr. Compton. DISCUSSION - OPEN SPACE LAND USE Councilman Clift read a statement relating to areas that have been designated for open space, park space, or quasi- public use zones designated specifically for recreation, urging that those areas so designated in the General plan of Seal Beach be protected from possible changes to such land use designation in the future. Councilman Clift requested Council support to direct the city Attorney to research, and prepare for consideration at the next meeting, a Charter Amendment that would be submitted to the voters at the scheduled June 1986 election which would accomplish the following: "Preserve all public park lands or land designated as open space or quasi-public use zones which include recreation within public land use zones and preserve land zoned for recreational purposes by requiring a two-thirds vote of the people before any zone change or any other use of those lands be permitted." Councilman Brownell stated he has given a great deal of thought to Mr. Clift's proposal, which could have a significant affect on his and the other districts in the City, citing potential inequities in the future due to developments not commencing prior to implementing such a requirement. He suggested that prior to any direction to the City Attorney, reference to specific land areas should be determined. Mr. Brownell stated there would be no objection to placing such a restriction on public lands owned by the City, however he would object to such restriction on privately owned property with a use designation that was determined years past, and where the owner of such land may choose, in the future, to request a different use of that privately owned land. Mr. Brownell referred to land within the Leisure World community that is presently used as a golf course and swimming pool, also to large landscaped areas between properties, and questioned whether or not the use of those privately owned properties should be restricted from a change of use in the future by requiring voter approval of the city-wide electorate. Mayor Risner concurred that there would be no objection to placing a restriction on public park land owned by the City, however questioned what quasi-public land was specifically being referred I I I 1-27-86 I to. Councilman Clift noted that the Land Use plan of the City's General plan identifies the quasi-public land area, and recalled that documents relating to the Specific plan for the Bixby Business Park made specific reference to the presence of these recreational areas and its positive effect upon the business park, stating that while the subject land is private, it is recognized as valuable open space and recreational resource to the community. Mr. Clift also referred to the Bixby Ranch Company Master plan that was a matter of discussion during the business park considerations, that set forth a hotel, condominiums, and business development throughout the north side of the Lampson Avenue area. Mayor Risner stated she would be willing to refer this matter to staff to study and provide information specifically relative to what other cities, if any, have done in this regard, whether cities have required a specific vote on zoning issues and amendments of the General plan, and whether such actions been tested through the court system. with regard to quasi-public lands not owned by the City, she stated she would like to have information as to the legality and ramifications of placing restrictions on such lands. The City Attorney advised that since he had not received specific authorization or direction from the City Council to research this matter, a thorough investigation has not been done as yet, merely a preliminary assessment. He stated that with respect to voter approval of land use changes, there was a supreme court decision in the midwest that did involve a charter provision requiring fifty-five percent voter approval on every land use in that city proposed for change. He noted he has not researched further subsequent cases dealing with land use and voter approval. Mr. Stepanicich stated that with regard to public use lands, one concern would be with potential conflict with the Naylor Act which limits a city's ability to restrict zoning of certain land, clarifying however, that a city could place any restriction and require voter approval on the change of use of any city-owned land. He stated that a question exists as to a city's ability to regulate quasi-public, privately owned, land that has been used for recreational use, whereby a potential argument could be raised by the land owner that the land use designation no longer allows an economic return on the property. He explained that under existing law it is difficult for a land owner to establish the fact that the regulation of a property has deprived the property of a reasonable economic return, however this could be a potential argument in the future if the property owner made such contention and applied for a land use change, and if denied by the voters, the issue would then become what type of uses would be allowed on the property. with regard to whether or not a Charter amendment is needed, Mr. stepanicich stated that if a two- thirds voter approval is proposed, that would be in conflict with present Charter provisions and would require a Charter amendment, however amendments to the General Plan may be done by ordinance or resolution therefore there would be no need for a Charter amendment. The City Attorney recommended that before final action is taken on this matter, that he be directed to do a more in-depth research of this issue. Discussion continued. Councilman Clift clarified that the location of the quasi-public land is set forth in the Land use Element of the General Plan, therefore open space/recreational use lands within Leisure World are not affected. Mayor Risner suggested that the City Attorney be di~ected to prepare an ordinance restricting, by a two- thirds vote, any future change of land use designation for publicly owned open space/park lands, and that the I I 1-27-86 staff and City Attorney be directed to further research such a restriction with regard to quasi-public areas, presented to Council as separate issues. A member of the audience, Mr. Dulac, Electric Avenue, spoke for restriction of open space/park lands, also for further investigation by the City Attorney as to quasi-public lands, suggesting specific attention be paid to the Zoeter School site and Gum Grove Park. Councilman Grgas concurred that the City Attorney should advise the Council as to whether an ordinance or Charter Amendment would be required to accomplish the goals discussed, as well as provide a definition of, and address the legality and ramifications of regulating the quasi- public designated land, and suggested that land uses that would be permissible, with or without a vote of the people, should be considered. Mr. Jay Covington, 4260 Dogwood Avenue, stated he felt it would be appropriate to separate the land use issues under consideration pending receipt of the findings of the City Attorney. Mr. Covington addressed his remarks to the quasi-public land use, recalling that at the time College Park East and the Old Ranch Country Club were being considered, the quasi status was used to justify that the College Park East community of seventeen hundred homes would be created with only two acres of park. He stated this was a vested right conferred upon the owner of that land for the right to build a level of development at such density, without public parks, which, he stated, allowed the land owner, the Bixby Company, to realize a profit from that land contrary to City and County standards at that time. At the request of the Mayor, Mr. Lee Risner addressed the Council. Mr. Risner explained that the College Park project was planned in its entirety before he became City Manager of Seal Beach in 1966, verifying that no schools or parks were planned for the area, that the golf course was planned, however the Tennis Club was not. He stated the golf course as built as a matter of economics at that time, reporting that there was a flight easement over the property, therefore the property could not be used in the same manner as most other properties, and with that restriction the property owners looked to other possible uses. He stated also that the drainage in COllege Park East is such that one of two measures had to be taken, build an expensive channel from College Park East and connecting to drainage facilities in Leisure world, or an alternative method, which was to use smaller drainage channels and the golf course as a retarding basin. Mr. Risner stated restrictions exist as to how that property can be graded, as it must be retained for a certain quantity of water drainage, recalling that he believed these restrictions were imposed by deed or contract for the improvement plans. Mr. Risner concluded that the golf course came into existance as some means of economic benefit from the property while not interfering with the retarding basin and air easement. Mr. Greg Weiler, 233 Stanford Lane, explained that he had been requested by Councilman Clift to express his views on this matter. He stated he felt it was clear that Council would be asked to approve a Charter amendment, also that he felt reasonably sure the Council would be within their rights with respect to placing use restrictions on both public and private property, the dilemma being the public interest in recreation and park use, and personal property owner rights. Mr. Weiler stated he would have a problem with submitting a Charter amendment that would subvert the republican form of government, taking away the Council's right to make such decisions, and with respect to a two-third voter approval, which could take away the will of the majority. He also expressed concern as to what would fall within the definition I I I 1-27-86 I of quasi-public use with personal property involved. Mr. Weiler cited parks and recreation as an important use where any proposed change of such use should be given serious consideration. Councilman Grgas suggested the City Attorney should also address what a majority vote should be, other than a two-thirds vote, also that staff should research the restrictions on the property, the air easement and retarding basin, as reported by Mr. Risner. Wilson moved, second by Brownell, to refer the entire matter back to the staff pursuant to Council's discussion, requesting information be prepared in the form of two proposals for further consideration by the Council. AYES: NOES: Brownell, Grgas, Risner, Wilson Clift Motion carried Councilman Clift requested that this matter be presented for consideration in a timely manner, noting that if a ballot measure does not result within the time frame for the June ballot, the Council could be faced with a petition process, and explained he did not wish the City to bear the expense of a special election. I ORAL COMMUNICATIONS Mayor Risner announced that when members of the audience address matters not on the agenda, no specific answer or response should be requested, that the City staff or Council will be in contact subsequent to the meeting. Mayor Risner declared oral communications open. Barbara Lukinovich, 701 Marvista, expressed her objection to remarks made by Councilman Clift, reference to the Bixby project, the potential for presentation of a petition on the land use matter, and stated no change of use has been requested for the golf course area. Councilman Clift responded, stated that his comments with regard to the Bixby project were directed to the term quasi-public use, a term that had been used in justifying the Bixby project, explaining that many persons in his area are concerned with a potential change of use in the future. Dorothy Whyte, Candleberry Avenue, spoke to the land use issue, commented as to congestion on Lampson Avenue, and expressed her feeling that no additional development should be allowed in the area north of Lampson. Mayor Risner noted reference to the Bixby Master plan, prepared several years ago with regard to a matter inVOlving the Armed Forces Reserve Center, the lease of land for air rights, having nothing to do with future development. Councilman Clift responded that it was a letter from Bixby, sent to the Department of Defense, that stated Bixby was not making the land available for lease because they were intending to develop it under the Master plan. Discussion continued. Mr. Clift suggested that Bixby inform the city of their intentions with regard to the Master plan, and if they were to withdraw the Master plan, some of his concerns would be alleviated. Mayor Risner stated there is no proposed development, to her knowledge, on the referenced Bixby property, and requested the Acting City Manager to contact Bixby Ranch Company, ask if the Master plan has any validity, and obtain their response in writing. Mr. Christopher Marra, 1009-1/2 Seal Way, stated that there is an alcohol and drug problem involving youth near the pier and on Seal Way, to which the police have responded and made arrests. Mr. Marra complained about trash and debris in the area of the beach, stated the need for additional and refurbishing of existing trash containers and reported a concrete bench has disappeared from the pier area. He also recommended that the Journal newspaper address an I 1-27-86 article to parents advising of the problems at the pier and beach areas. Mr. Glen Dulac, Electric Avenue, referred to the Council's responsibility for choosing and screening applicants for the position of City Manager, and referred to a suggestion by residents that a citizens committee be formed to screen the applicants. Mr. Dulac noted that the Council agenda was not available on Thursday prior to the meeting, stating it is supposed to be available I by WedneSday, suggested the agenda be prepared a week prior to the meeting, available at City Hall and each district, and printed in the newspaper. The Mayor informed Mr. Dulac that agendas have never been made available on Wednesday. Mr. Dulac also suggested that the Council monitor the quality and qualifications of the City staff. Mr. Brian Kyle, stated he is building a new home at 226 - 7th street, addressed the City Council and press, reading a prepared statement in response to a statement made at the previous Council meeting by a member of the audience, Mr. Charles Antos, regarding Mr. Antos' involvement in a development project in the 300 block of Main Street. Mr. Kyle also made comments to Mr. Antos' prior involvement with in-lieu parking and alcoholic beverage licensing, and called for Mr. Antos to withdraw his nomination for City Council. Mr. Kyle added his feeling that the Council has worked hard for the growth and future of Old Town, which is being accomplished in a progressive, well organized manner. Councilmember Wilson stated that subsequent to remarks that have been made as to the number of liquor licenses on Main Street, she had requested a report from staff that shows there are forty-four liquor licenses citywide, six being licenses in markets, eight off-site licenses, the remaining licenses issued to restaurants throughout the City in conjunction with food preparation, pointing out that there are not I thirty-seven liquor licenses on Main Street as had been alleged. Councilman Grgas recalled that at a recent Planning Commission meeting staff was asked to survey other cities as to their policies relating to liquor licenses, including the criteria for evaluation of licenses and the applicants. He added that possibly a method should be developed to place a cap on the number of licenses issued. Councilman Grgas stated that the Council, and the staff, have worked hard to improve the community, upgrade Main Street and create a reputable image, however, in recent weeks a few individuals have tried to cast an adverse image on Seal Beach, which is of great concern. Councilman Grgas moved to direct the staff to prepare language to place a moratorium on the issuance of liquor licenses pending the Planning Commission's consideration of this matter with particular attention paid to licenses for gas stations and mini-markets. Mr. Grgas cautioned however, that any proposed guidelines should take into consideration the full development of the Hellman property and proposed hotel development. Councilman Brownell seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried By unanimous consent of the Council, staff was directed to provide copies of hearing notices to the Council members. Mr. Marra once again addressed the Council, and reported observing intoxicated persons in the vicinity of Clanceys, the Irisher and Hennessey's, as well as observing such persons driving vehicles, suggesting Council should look into such activities. Councilman Grgas responded that there are established laws governing alcohol consumption, and that the City is trying to provide the best police I 1-27-86 / 2-10-86 protection possible in that regard, also noting his concern that personal privileges and rights also need to be protected. There were no other oral communications; Mayor Risner declared oral communications closed. I ADJOURNMENT Grgas moved, 10:07 p.m. second by wilson, to adjourn the meeting at AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried and ex-off~ City Council Approved: ~~Jl~ Attest: I Seal Beach, California February 10, 1986 The City Council of the City of Seal Beach met in regular session at 7:03 p.m. with Mayor Risner calling the meeting to order with the Salute to the Flag. ROLL CALL present: Mayor Risner Councilmembers Brownell, Clift, Grgas, Wilson Absent: None Also present: Mr. Joseph, Acting City Manager Mr. strausz, Assistant City Attorney Mr. Hemphill, Director of Public works/ City Engineer Mr. Malkemus, Administrative Aide Mrs. Yeo, City Clerk I WAIVER OF FULL READING Wilson moved, second by Brownell, 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: Brownell, Clift, Grgas, Risner, wilson None Motion carried