Loading...
HomeMy WebLinkAboutCC Min 1986-04-14 4-6-86 / 4-14-86 of the Attest: Approved: I Seal Beach, California April 14, 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 Absent: None I Also present: Mr. Joseph, Acting City Manager Mr. Stepanicich, City Attorney Chief picascia, Police Department Capt. Garrison, Police Department Mr. Baucke, Director of Development Services Mr. Hemphill, Director of public Works/ City Engineer Mr. Thomas, Finance Director Mr. osteen, Recreation Director Chief Dorsey, Lifeguard Department Mr. Malkemus, Administrative Aide Mrs. Yeo, City Clerk WAIVER OF FULL READING Wilson moved, second by Clift, 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 CITY MANAGER APPOINTMENT Mayor Risner announced that the Council had completed the selection process for City Manager, and introduced Mr. Robert Nelson as City Manager who will assume his position on May 1, 1986. Mayor Risner reviewed Mr. Nelson's background, experience, and terms of employment, and read, in part, a communication from the Mayor of Del Mar, where Mr. Nelson was previously City Manager. Clift moved, second by Brownell, to appoint Mr. Robert Nelson to the position of City Manager. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried 4-14-86 Members of the Council extended their welcome to Mr. Nelson, and commended Mr. Joseph for his outstanding service to the City as Acting City Manager. PROCLAMATIONS Mayor Risner proclaimed the month of April 1986 as "Child Abuse prevention Month." The Mayor proclaimed and urged observance of the period I of April 14 through April 19, 1986 as "Earthquake preparedness Week." April 20th through April 26th, 1986 was proclaimed "GFWC California Federation Week" by Mayor Risner. Mayor Risner proclaimed May 6th through 11th, 1986 as "Days of Remembrance of the victims of the Holocaust." PUBLIC HEARING - ZONING TEXT AMENDMENT 1-86 - RESIDENTIAL LAND USE DESIGNATION TITLES Mayor Risner declared the public hearing open to consider amending the titles of residential land use designations of the Zoning Ordinance. 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 Director of Development Services presented the staff report and recommendations of the Planning Commission, explaining that zoning Text Amendment 1-86 proposes amendment of the land use designation titles to be consistent with the designations of the General plan, from "R-l" to "RLD (Residential Low Density) zone," from "R-2" to "RMD (Residential Medium Density) Zone,1I and from "R-3" to "RHD (Residential High Density) Zone." I There were no communications from the audience; Mayor Risner declared the public hearing closed. ORDINANCE NUMBER 1221 - ZONING TEXT AMENDMENT 1-86 - RESIDENTIAL LAND USE DESIGNATION TITLES Ordinance Number 1221 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH CHANGING THE RESIDENTIAL LAND USE DESIGNATIONS IN THE ZONING ORDINANCE AND AMENDING THE MUNICIPAL CODE." By unanimous consent, full reading of Ordinance Number 1221 was waived. Wilson moved, second by Clift, to adopt Negative Declaration 3-86. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Wilson moved, second by Clift, to approve the introduction of ordinance Number 1221 and that it be passed to second reading. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried PUBLIC HEARING - EXTENDING MORATORIUM - CONDITIONAL USE I PERMITS - LIQUOR SALES Mayor Risner declared the public hearing open to consider an extension of the moratorium on the granting of Conditional Use permits for on-site and off-site liquor sales. 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 Director of Development Services presented the staff report, noting that the Planning Commission had 4-14-86 I considered this matter on March 19th, subsequently a report had been presented to the City Council on the actions taken by the Commission, said report a requirement of the Government Code prior to consideration of an extension of the moratorium. The Director reported the Commission had recommended that the moratorium be extended, and that the Council authorize the Commission and staff to develop appropriate materials, and conduct public hearings and study sessions relating to this issue. The Director suggested that the moratorium be extended for a period of forty-five days. Mayor Risner 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. Bret Matthews, 218 - 8th street, stated he felt little had been accomplished during the initial forty-five day moratorium, suggesting the extension be for a period of one year rather than forty-five days. Mitzi Morton, 153 - 13th street, expressed her support for the moratorium and for extension of same for a period beyond the recommended forty-five days. Ms. Morton stated that the Police Chief had compiled crime rates for 1985 which were twenty percent higher than 1984, and suggested that data be compiled setting forth the number of arrests and lawsuits that relate to alcohol use, also that consideration could be given to placing the moratorium on the Old Town area only. Mr. Bruce Stark, 204 Ocean Avenue, stated his understanding that the Planning Commission recommended that the moratorium be extended for a period of time that would allow adequate public hearings to be held and a report with recommendations made to the Council, and that he did not feel forty-five days was adequate time. He stated his understanding that three applications for licenses have been submitted, which, after the expiration of a fortyfive day moratorium could possibly be issued, expressing his feeling that additional liquor outlets in the City are not necessary. There were no other communications from the audience; Mayor Risner declared the public hearing closed. I I ORDINANCE NUMBER 1222 - EXTENDING MORATORIUM - CONDITIONAL USE PERMITS - LIQUOR ESTABLISHMENTS Ordinance Number 1222 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH EXTENDING THE MORATORIUM ON THE GRANTING OF CONDITIONAL USE PERMITS FOR ON-SITE AND OFF-SITE LIQUOR ESTABLISHMENTS AND DECLARING THE URGENCY THEREOF." By unanimous consent, full reading of Ordinance Number 1222 was waived. The Director of Development Services clarified that a period of forty-five days would be adequate for the commission to receive public input and make recommendations to the Council, however if more than one Commission session were deemed necessary to resolve the issue, a sixty day extension would be more appropriate. The City Attorney clarified that an additional extension of the moratorium would be allowable. In response to Council, the police Chief stated he was preparing a report regarding this issue for the Commission and the Council, which, in part, will describe his authority and limitations to that authority to oppose the issuance of a liquor license, where substantial grounds must be made to deny the issuance of a license, based upon increased criminal activity or where it can be shown that criminal activity is directly related to the number of licenses in a particular area, and noted his concern with potential liability on the part of the City involving such denials. Chief picascia noted that the police Department does not have the capability to obtain and correlate information relating to liquor stores or establishments and criminal 4-14-86 activity. The Chief confirmed that he does provide input relating to applications for liquor licenses, to the degree that could be substantiated in court, as to whether or not the issuance would or would not potentially affect the crime rate. Chief picascia stated that the Alcoholic Beverage Control, therefore liquor licenses, are governed by state law, and that any citizen may submit a protest to the ABC with regard to the issuance of same, however the most effective protest would be under the current procedure, the processing of a license application through a Conditional Use permit. The City Attorney clarified that the moratorium could be repealed at an earlier time should the Planning Commission report and subsequent Council action take place before its expiration. Councilmember Wilson added that a great number of crimes in the City are resultant of thefts in Leisure World, and expressed her feeling that the moratorium is unfair to restaurants who are interested in locating in the City. Council discussion followed regarding the time period for extension of the moratorium. with regard to limiting the moratorium to the downtown area, a member of the Council suggested that the issue be considered city-wide at this time, and if additional time is deemed necessary, limited to the downtown area when the matter is next considered. Clift moved, second by Grgas, to adopt Ordinance Number 1222 as amended, extending the moratorium for a period of one hundred twenty days, and that the Planning commission be directed to submit their findings and report to the Council within forty-five days. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORDINANCE NUMBER 1216 - ZONE CHANGE 1-86 - HELLMAN/ORANGE COUNTY FLOOD RETENTION BASIN PROPERTY - S.P.R. ZONE Ordinance Number 1216 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, APPROVING ZONE CHANGE 1-86, A REQUEST TO CHANGE THE ZONING DESIGNATION OF 225 ACRES OF THE HELLMAN AND ORANGE COUNTY FLOOD CONTROL PROPERTIES FROM C-2 (GENERAL COMMERCIAL), R-l (LOW DENSITY RESIDENTIAL, O-E (OIL EXTRACTION) AND PLU (PUBLIC LAND USE) ZONES TO S.P.R. (SPECIFIC PLAN REGULATION) ZONE AND TO AMEND THE ZONING MAP ACCORDINGLY." By unanimous consent, full reading of Ordinance Number 1216 was waived. Grgas moved, second by Brownell, to adopt ordinance Number 1216 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORDINANCE NUMBER 1220 - GRANTING PIPELINE FRANCHISE - EXXON CORPORATION and TEXACO, INC., JOINTLY Ordinance Number 1220 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH GRANTING A PIPELINE FRANCHISE TO EXXON AND'TEXACO, INC., JOINTLy.1I By unanimous consent, full reading of Ordinance Number 1220 was waived. wilson moved, second by Clift, to adopt Ordinance Number 1220 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3589 - IN SUPPORT OF LONG BEACH NAVAL SHIPYARD Resolution Number 3589 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, I I I 4-14-86 CALIFORNIA, IN SUPPORT OF THE LONG BEACH NAVAL SHIPYARD." By unanimous consent, full reading of Resolution Number 3589 was waived. Clift moved, second by wilson, to adopt Resolution Number 3589 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3590 - SUPPORTING PROPOSITION 51 - FAIR RESPONSIBILITY ACT Resolution Number 3590 was presented to Council entitled "A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ENDORSING PROPOSITION '51, THE FAIR RESPONSIBILITY ACT OF 1986." By unanimous consent, full reading of Resolution Number 3590 was waived. Wilson moved, second by Clift, to adopt Resolution Number 3590 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ORDINANCE NUMBER 1223 - CITY FIRE DEPARTMENT Ordinance Number 1223 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING ARTICLE III OF CHAPTER 9 OF THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA, RELATING TO A CITY FIRE DEPARTMENT." By unanimous consent, full reading of Ordinance Number 1223 was waived. The City Clerk explained that the intent of the proposed Ordinance is to delete provisions of the Municipal Code relating to the City Fire Department and the position of Fire Chief, since the City has contracted with the County for fire services since 1982. Brownell moved, second by Wilson, to approve the introduction of ordinance Number 1223 and that it be passed to second reading. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3491 - COMPLETION - PROJECT NUMBER 561 - SIDEWALK RECONSTRUCTION Resolution Number 3591 was presented to Council 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 1561, SIDEWALK RECONSTRUCTION CITY-WIDE IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN ARM AND HAMMER CONCRETE AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3591 was waived. Brownell moved, second by Clift, to adopt Resolution Number 3591 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3592 - APPLICATION - URBAN OPEN SPACE and RECREATION PROGRAM GRANT FUNDS Resolution Number 3592 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI- Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM." By unanimous consent, full reading of Resolution Number 3592 was waived. The Recreation Director presented the staff report, noting that the subject grant funds, $12,993, would be used to complete the baseball, basketball and volleyball facilities scheduled for the Armed Forces Reserve Center parksite, the City's matching funds of $4,331 to come from the Environmental Reserve Fund. Clift moved, second by Brownell, to adopt Resolution Number 3592 as presented, and approve the transfer of $4331 from the Environmental Reserve Fund as local matching funds. 4-14-86 AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3593 - CALIFORNIA MUNICIPAL INSURANCE AUTHORITY - LIABILITY INSURANCE PROGRAM Resolution Number 3593 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AGREEING TO BECOME A MEMBER OF THE CALIFORNIA I MUNICIPAL INSURANCE AUTHORITY AND PARTICIPATE IN ITS LIABILITY PROGRAM." By unanimous consent, full reading of Resolution Number 3593 was waived. The Acting City Manager reported the formation of the California Municipal Insurance Authority for the purpose of bringing together municipalities to jointly share risk management programs, purchase insurance, pool resources and share losses. Mr. Joseph reported that under this program, Seal Beach would retain the same insurance coverage as last year, $50,000 self-insured retention with $10,000,000 limits, at a premium cost of approximately $240,000. Mr. Joseph reported the deadline for agreeing to membership and submittal of the premium deposit is April 15th, with prospective members being allowed to withdraw, without penalty, by May 1st, noting that insurance coverage is scheduled to begin July 1st with an option of applying for retroactive coverage to January 1, 1986. Mr. Joseph added that twenty-six cities have expressed their interest in the authority, six having taken action to join to date. Grgas moved, second by Brownell, to adopt Resolution Number 3593 as presented, agreeing to CMIA membership, establishing a $50,000 self-insurance retention and insurance limits of $10,000,000, and designating the City Manager as the City's representative to the CMIA Board of Directors. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I The Council, by unanimous consent, declared a recess at 8:03 p.m. The Council reconvened at 8:21 p.m. with Mayor Risner calling the meeting to order. CONSENT CALENDAR - ITEMS "P" THROUGH "AA" The Acting City Manager requested Item "u" removed from the Consent Calendar, and the City Clerk requested Item IIQ" removed. Wilson moved, second by Clift, to approve the recommended action for items on the Consent Calendar, except Items "Q" and "u", as presented. P. Approved the minutes of the regular meeting of March 24, 1986. R. Approved the minutes of the regular adjourned meeting of April 5, 1986. S. Approved the minutes of the regular adjourned meeting of April 6, 1986. T. Approved regular demands numbered 60154 through 60449 in the amount of $438,328.76, payroll demands I numbered 20174 through 29335 in the amount of $137,751.74, and payroll demands numbered 20336 through 20500 in the amount of $142,344.28, as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for the same. v. Bids were received until 11:00 a.m., March 18, 1986 a.m. for project Number 563, pier Boat Landing MOdifications, at which time they were publicly opened by the City Clerk as follows: 4-14-86 John L. Meek Construction Company, Inc. Connolly-pacific Healy Tibbits Construction Company $41,800 44,670 50,215 I Awarded the bid for project Number 563, pier Boat Landing MOdifications, to the low bidder, John L. Meek Construction Company, Inc. and appropriated $20,000 from the General Fund to complete project Number 563. w. Approved the specifications for four police patrol vehicles, as approved in the 1985/86 budget, and authorized the Acting City Manager to advertise for bids. x. Authorized the elimination of one Clerk Dispatcher position and the creation of one additional police Records Clerk for the police Department. Y. Approved the revised Agreement with the Seal Beach Journal for legal publications, and authorized the Acting City Manager to execute the Agreement on behalf of the City. Ratified the West Orange County Water Board 1986/87 fiscal year budget. z. AA. Bids were received until 2:00 p.m., April 8, 1986 for two (4 x 4) extended cab mini pick-up vehicles for the Lifeguard Department, at which time they were publicly opened by the city Clerk as follows: I Santa Ana Datsun Downey Toyota $17,604.48 20,384.10 Awarded the bid for the purchase of two lifeguard vehicles to the low bidder, Santa Ana Datsun, in the amount of $17,604.48, and appropriated said amount from the General Fund for same. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "Q" - MINUTES - APRIL 1 The City Clerk requested that Councilmembers Brownell and Grgas abstain from voting on approval of the April 1st minutes as they were absent from that meeting. Wilson moved, second by Clift, to approve the minutes of the April 1, 1986 regular adjourned meeting as presented. I AYES: NOES: ABSTAIN: Clift, Risner, Wilson None Brownell, Grgas Motion carried ITEM "U" - DRIVEWAY REPAIR - BEVERLY MANOR FIRE STATION Clift moved, second by Wilson, to remove Item "U" from consideration, as requested by the Acting City Manager. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None 4-14-86 REPORT - CABLE TELEVISION GRANT FUNDS The Acting City Manager reported receipt of the $75,000 annual grant from Group W Cable as required by the Franchise Agreement, and pursuant to City Council policy, recommended the transfer of those funds to the Foundation for disbursement. Grgas moved, second by Clift, to authorize the appropriation of $75,000 from the Cable Television Trust Fund to the Cable Communications Foundation. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried WRITTEN COMMUNICATION Wilson moved, second by Clift, to receive and file the written communication from Mr. Glen Dulac, representing the Concerned Citizens of Seal Beach, requesting formation of a task force to study the benefits of a full-time elected City Attorney. The Mayor noted that this matter has been discussed in the past and it has been determined that the present contracted legal counsel to the City is the most cost effective. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried CITY COUNCIL ITEMS There were no Council items for discussion. ORAL COMMUNICATIONS Mayor Risner declared Oral Communications open. Mr. Bret Matthews, 218 - 8th Street, stated that the Old Town area of the City appears to have the most intense number of on-sale and off-sale liquor establishments, questioned the number of licenses that would be appropriate for Seal Beach, also stated that it is not necessary for the police Chief to prove that an applicant is undesirable to deny an application for a Conditional Use permit, that it could be denied on the basis of density. Mr. Matthews referred to Ordinance 1216, relating to zoning of the Hellman property, asked what protection exists that would prohibit over-height and over-density construction on that land, and inquired why current provisions of the Code are not sufficient for such development. Mayor Risner responded that the more restrictive Specific plan guidelines set forth the specific development criteria. Councilman Clift added that specific parameters for development were established by the Ordinance adopted that established the Specific plan Regulation Zone and guidelines, the provisions of which would make it quite difficult to depart from the regulations set forth therein. Mitzi Morton, 153 - 13th Street, expressed her desire that a representative from the Alcoholic Beverage Control be invited to attend the April 23rd Planning commission meeting for the discussion of alcoholic beverage licenses. Norma stromeyer, 209 Seal Beach Boulevard, stated that if every person were arrested for drinking in the streets during the Christmas parade and on st. patrick's Day, the crime rate statistics would be much higher than was recently reported. Robert Stark, 204 Ocean Avenue, referred to Resolution Number 3591, sidewalk reconstruction completion, noted a staff comment that the project had been completed on short notice, asked if all sidewalk repair has now been completed, and complained about curbs that are in disrepair. Council explained that the staff comment merely meant that the contractor had performed the work in a timely manner, also that sidewalk repair is an on-going improvement program, undertaken as funds are available. There were no other Oral Communications; Mayor Risner declared Oral Communications closed. I I I 4-14-86/4-28-86 I CLOSED SESSION The city Attorney reported Council would meet in Closed Session to discuss the potential sale or lease of the Zoeter School site and give direction to the City's negotiators. The Council adjourned to Closed Session at 8:36 p.m. The Council reconvened at 9:29 p.m. with Mayor Risner calling the meeting to order. The City Attorney reported Council had discussed the matter previously reported. ADJOURNMENT By unanimous consent, the Council adjourned at 9:30 p.m. C~ty Seal of the Approved: ~.l~.~ (.1.. ~,(''''~L.A. V Mayor 4 Att.... ~( ~ C~ty l,;.ll!r I Seal Beach, California April 28, 1986 The City Council of the city of Seal Beach met in regular session at 7:05 p.m. with Mayor Risner calling the meeting to order with the Salute to the Flag. ROLL CALL present: Mayor Risner Councilmembers Clift, Wilson Absent: Councilmembers Brownell, Grgas Councilman Grgas arrived at the meeting at 7:18 p.m. Also present: Mr. Joseph, Acting City Manager Mr. stepanicich, City Attorney Mr. Hemphill, Director of Public Works/ City Engineer Mr. osteen, Recreation Director Mrs. yeo, City Clerk I WAIVER OF FULL READING Clift 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.