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HomeMy WebLinkAboutCC Min 1983-10-10 9-26-83 / lO-10-83 Approved: of I Attest: Seal Beach, California October 10, 1983 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Grgas calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Grgas Councilmembers Brownell, Laszlo, Risner, Vanderstaay Absent: None I Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Johnson, Director of Public Works/ City Engineer Chief Picascia, Police Department Mr. Thomas, Finance Director Mrs. Yeo, City Clerk WAIVER OF FULL READING Risner 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, Grgas, Laszlo, Risner, Vanderstaay None Motion carried AGENDA AMENDED Laszlo moved, second by Risner, to amend the agenda to consider proposed Resolutions 33lS and 3316 and agenda item "D", Resolution 3314, out of order. I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried 10-10-83 I RESOLUTION NUMBER 33lS - HONORING CONGREGATION SHOLOM OF LEISURE WORLD - TWENTIETH ANNIVERSARY Resolution Number 33lS was presented to Council and read in full by the Mayor enti tled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING THE CONGREGATION SHOLOM OF LEISURE WORLD ON THEIR TWENTIETH ANNIVERSARY." Brownell moved, second by Vanderstaay, to adopt Resolution Number 33lS as presented. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Risner moved, second by Laszlo, to postpone consideration of proposed Resolutions 3314 and 3315 pending the arrival of Ms. Pat McCormick and Mr. Bill Dawson. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I PUBLIC HEARING - AMENDING POSITION CLASSIFICATION PLAN - ANIMAL CONTROL OFFICER II Mayor Grgas declared the public hearing open to consider amending the Position Classification Plan to include a new position, Animal Control Officer II. The City Clerk certified that notice of public hearing had been published as required by law and that no communications had been received either for or against this matter. The Assistant City Manager presented the staff report and request of the Chief of Police for creation of the new position. Mr. Joseph stated that the requested position will allow for revision of the responsibilities of the senior Animal Control Officer to assume supervisorial duties in conjunction with the expanded animal control services to Los Alamitos. Mr. Joseph stated that the Animal Control Officer II will also supervise the construction of the new kennels, and coordinate and schedule the newly formed volunteer group that will assist Animal Control. The Assistant City Manager reported that the requested position had been considered and approved by the Civil Service Board, and noted that the pay differential for the new position would be $1440 annually. There were no communications from the audience for or against this matterl Mayor Grgas declared the public hearing closed. I RESOLUTION NUMBER 33ll - AMENDING POSITION CLASSIFICATION PLAN - ANIMAL CONTROL OFFICER II Resolution Number 3311 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE POSITION CLASSIFICATION PLAN TO ADD THE POSITION CLASSIFICATION OF ANIMAL CONTROL OFFICER II." By unanimous consent, full reading of Resolution Number 33ll was waived. The City Manager reported that the animal service contract with Los Alamitos will be presented to Council for consideration at next meeting. The Council expressed concern with increasing personnel salaries and adjusting personnel responsibilities after adoption of the fiscal year budget, referred to the present supervision and duties of the animal control officers, and possible decrease of field patrol time for the officer assuming the supervisorial capacity. Chief Picascia explained that Animal Control is presently under the supervision of a pOlice sergeant which will no longer be possible with the expanded animal control services, noting that at present there is inadequate kennel facilities and no placement procedure for impounded animals. The Chief stated that with the addition of the Los Alamitos area and new kennel facilities, 10-lO-83 the employee will supervise the entire animal control operation including pet placement, will administer the Los Alamitos contract, respond to complaints, provide public relations services, and coordinate the pet protection volunteers. Discussion continued regarding the proposed salary range and additional personnel cost estimated at $1440 annually, also noting the Los Alamitos contract of approximately $10,000 annually which could increase if a licensing campaign is conducted. Brownell moved, second I by Laszlo, to adopt Resolution Number 3311 as presented. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried RESOLUTION NUMBER 3312 - SALARY RANGE - ANIMAL CONTROL OFF ICER II Resolution Number 3312 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CREATING A SALARY RANGE FOR THE POSITION OF ANIMAL CONTROL OFFICER II." By unanimous consent, full reading of Resolution Number 3312 was waived. Brownell moved, second by Laszlo, to adopt Resolution Number 3312 as presented. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried AGENDA AMENDED Risner moved, second by Laszlo, to amend the agenda to consider Resolutions 3314 and 3316 at this time. AYES: NOES: Brownell, Grgas, Laszl~, Risner, Vanderstaay None Motion carried RESOLUTION NUMBER 3314 - HONORING PAT McCORMICK - OLYMPIC GOLD MEDALIST Resolution Number 3314 was presented to Council and read in full by Mayor Grgas entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH HONORING PAT McCORMICK ON HER PAST ACHIEVEMENTS AS AN OLYMPIC GOLD MEDALIST." Risner moved, second by Brownell, to adopt Resolution Number 3314 as presented. I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Mayor Grgas presented a copy of the commending resolution to Ms. McCormick and extended congratulations to her on behalf of the City Council and the community. Ms. McCormick expressed her appreciation for the commendation and introduced members of her family and guests. Mayor Grgas also presented a previously adopted resolution commending Ms. McCormick's daughter, Kelly, for her diving accomplishments, which was accepted by her brother, Tim. RESOLUTION NUMBER 3316 - EXPRESSING APPRECIATION - ROBERT H. AHMANSON and WILLIAM AND SONIA DAWSON - PIER CONTRIBUTION Resolution Number 3316 was presented to Council and read in full by Mayor Grgas enti tIed "A RESOLUTION OF THE CITY I COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, EXPRESSING THE APPRECIATION OF THE SEAL BEACH COMMUNITY TO ROBERT H. AHMANSON AND WILLIAM AND SONIA DAWSON FOR THEIR CONTRIBUTION TO REBUILD THE SEAL BEACH PIER." Risner moved, second by Vanderstaay, to adopt Resolution Number 3316 as presented. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried lO-10-83 Mayor Grgas presented the resolution of appreciation to Bill and Sonia Dawson and expressed the City's gratitude for their efforts toward making the $25,000 Ahmanson Foundation contribution possible. I PUBLIC HEARING - TENTATIVE PARCEL MAP NO. 83-100S - CONDOMINIUM CONVERSION - 123 - 13th STREET - REYNOLDS/MARSHALL Mayor Grgas declared the public hearing open to consider Tentative Parcel Map No. 83-100S for the conversion of a duplex into a two unit condominium. The City Clerk certified that notice of public hearing had been published, posted and mailed as required by law and that no communications had been received for or against this matter. The Assistant City Manager presented the staff report and recommendations of the Planning Commission, noting that the project complies with the established policies for condominium conversions with the exception of parking requirements which do not meet current zoning standards. Mr. Joseph requested that the resolution be amended to include a fourth condition to read "Landscaping be deemed appropriate and sufficient to neighborhood standards by the City staff." There were no communications from the audience for or against this matter; Mayor Grgas declared the public hearing closed. I RESOLUTION NUMBER 3313 - TENTATIVE PARCEL MAP NO. 83-100S - CONDOMINIUM CONVERSION - 123 - 13th STREET - REYNOLDS/MARSHALL Resolution Number 3313 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL APPROVING TENTATIVE PARCEL MAP NO. 83-100S." By unanimous consent, full reading of Resolution Number 3313 was waived. Risner moved, second by Vanderstaay, to adopt Resolution Number 3313 as amended. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I ORDINANCE NUMBER 1160 - AMENDING AND ESTABLISHING BOUNDARIES - COUNCILMANIC DISTRICTS TWO AND FOUR Ordinance Number 1160 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 2, ARTICLE IX, SECTION 2-70 OF THE CODE OF THE CITY OF SEAL BEACH, AMENDING, DESIGNATING AND ESTABLISHING THE BOUNDARIES OF COUNCILMANIC DISTRICT NO. 2 AND COUNCILMANIC DISTRICT NO. 4 OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1160 was waived. Councilman Laszlo stated the intent of the proposed ordinance was to respond to those College Park East residents requesting to be included in Councilmanic District Four. Mr. Laszlo requested that the Council forego further consideration of Ordinance Number 1160, and that the Redistricting Committee be reconvened to study the requested councilmanic district boundary change commencing January 1984. Objection was raised to reconvening the Redistricting Committee due to the fact that there have been no significant population changes since the 1981 redistricting. Risner moved, second by Laszlo, to withdraw Ordinance Number 1160 from further consideration. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried In response to the Council, the City Attorney stated that the Council does have the right to redistrict between census if the purpose is to create districts that meet constitutional requirements and are fair and logical, and confirmed that the present district boundaries meet that criteria. . 10-lO-83 Councilman Brownell objected to the boundary change as setting an undesirable precedent for the future. Laszlo moved, second by Vanderstaay, to reconvene the Redistricting Committee to study the proposed boundary change commencing in January 1984 and that a report be forwarded to the Council subsequent to the next City election. Mayor Grgas stated he would support reconvening the Redistricting Committee since it appears the representatives of Districts Two and Four support a study of the requested boundary change. Discussion continued. I AYES: NOES: Grgas, Laszlo, Vanderstaay Brownell, Risner Motion carried CONSENT CALENDAR - AGENDA ITEMS "E" THROUGH "H" Brownell moved, second by Vanderstaay, to approve the recommended action for items on the Consent Calendar as presented. E. Approved regular demands numbered 49570 through 49753 in the amount of $213,923.SS and payroll demands numbered 6S14 through 6846 in the amount of $138,712.13 as approved by the Finance Commmittee and that warrants be drawn on the Treasury for the same. F. Approved the plans and specifications for Project Number 539, Slurry Seal of Streets in the Marina Hill and Cove areas, and authorized the City Manager to advertise for bids. G. Authorized the submittal of the application for State Transportation Development Act (SB 821) I funds for fiscal year 1983/84 to be used for repair of public sidewalks. H. Approved the TRAN Official Statement and received and filed same. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried SPECIFIC PLAN GUIDELINES The City Manager reported that the Planning Commission has considered, at the direction of the Council, guidelines for Specific Plans, and endorsed and recommended "Specific Plan provisions" to Council, suggesting that: 1) the ordinance be patterned after the existing "planned unit development" provisions; and 2) designated areas within the City that should be specific planned. Mr. Parker stated that should Council concur with the Planning Commission, staff would recommend that: I) the City Attorney be instructed to prepare an ordinance based on the recommendations; 2) the Planning Commission then conduct a public hearing to amend the zoning ordinance accordingly; and 3) subsequent to adoption of a specific plan ordinance, the Planning Commission take appropriate steps to formalize the proposed specific plan areas. Council corrected the paragraph I "Existing Specific Plans" to reflect the D.W.P. parcel as 9.5 acres. Noting that a General Plan designation presently,exists for each parcel in the City and of which there are specific parcelS that are appropriate for a Specific Plan, the City Attorney suggested that a procedure to implement the use of Specific Plans could be that a Specific Plan would be prepared for a particular site setting forth development guidelines and in addition, a lO-lO-83 I new Planned Development Zone would be created to address I) industrial and manufacturing; 2) commercial; and 3) residential. Therefore, before any development could take place on the site the project applicant would have to go before the Planning Commission and City Council to have the development plan approved for a particular parcel of property, and at that time either body could impose specific land use or development standards on the property consistant with the Specific Plan and General Plan. It was clarified that a mixed use development would be permitted on the specific parcels listed. The City Manager explained that the purpose of developing specific plan guidelines is to identify those large parcels of land where there may be extensive or problem development, and further to alleviate concerns previously expressed by residents. Discussion continued. The Council concurred to amend the designated "Specific Plan Areas" as follows: I) Pacific Coast Highway - Marina Drive to Seal Beach Boulevard on the South side of Pacific Coast Highway, commercial development; 2) list separately the Zoeter School property, designated as surplus property by the School District; and 3) delete the Old Ranch Business Park 18 acre site designated for commercial use. Risner moved, second by Grgas, to concur with the recommendations of the staff and Planning Commission and direct the City Attorney to prepare an ordinance based upon Planning Commission and Council recommendations. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I DOWNTOWN REVITALIZATION STUDY - TASK FORCE The City Manager reported that a public presentation of the Downtown Revitalization Study had been made to the Planning Commission on September 16, 1983 by the four member consultant team of Heinz Schilling of Keyser Martson Associates, "Market Analysis", Paul Wilkinson of Linscott, Law and Greenspan, "Traffic and Parking", Rex Lotery of Lotery and Boccato, "Urban Design" and Fred Light, "Business Analysis". Mr. Parker stated it was staff's recommendation that a process be created that would enable community review of and input into the study's findings, as follows: I) that two task forces be appointed to review the findings, one to review the Market and Business Analysis, a second to review Traffic and Parking and Urban Design; 2) that each task force be composed of fifteen members appointed by the City Council: eight merchants and/or property owners from Main Street, and seven residents; and 3) that each task force evaluate its respective area of study and make recommendations to the Planning Commission within sixty days of appointment. In addition, Mr. Parker stated each task force would be assigned a member of the staff for technical assistance and that the respective consultant would be made available to the task force as an additional resource person. The City Manager reviewed his recommended membership of each task force and suggested appointments be made by the October 24th meeting. Mayor Grgas requested that the Traffic, Parking and Urban Design task force membership be adjusted to allow three appointees from Districts One and Three, reducing the memberShip from the Merchants Association to six. In response to Council, the City Manager clarified that the consultant would be made available to the task force at their request only in order to provide additional information and expertise relating to the consultant's recommendations. Grgas moved, second by Vanderstaay, to approve the staff recommendation as amended, reflecting the amended composition of the Traffic, Parking and Urban Design task force. I lO-lO-83 AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried The City Manager reported that the City Attorney had requested a Closed Session after Oral Communications. APPOINTMENTS - D.W.P. ADVISORY COMMITTEE and ARCHITECTURAL REVIEW COMMITTEE Stating that he had not provided a written nomination of his District Four appointee to the D.W.P. Advisory Committee, Councilman Laszlo reported he intended to appoint Mr. Jay Covington to that position and would do so at next meeting. Mayor Grgas requested that his appointments to the D.W.P. Advisory Committee and the Architectural Review Committee from Tract 6345 be held over to next meeting. I ORAL COMMUNICATIONS Mayor Grgas declared oral communications open. Councilmember Risner referred to a communication received from District Three resident, Mark C. Biedebach, relative to the cable franchise agreement. Dr. Biedebach, faculty member at California State University, Long Beach, expressed his concern with the educational network link between the City and Cal State University, and the interconnect with California Cable Systems in Los Alamitos. Dr. Biedebach referred to specific requirements of the Group W franchise agreement and requested that the City review the progress on the part of Group W to satisfy the requirements of the agreement. Risner moved, second by Brownell, to direct the staff to review the provisions of the franchise agreement with regard to the progress of the educational network and the interconnect with Los Alamitos, and that a report be presented within thirty days. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I The City Manager announced that the Seal Beach Lifeguard Department has been selected as a recipient of a 1983 four- wheel drive Toyota pickup truck, to be formally presented to the City on Thursday, October 13th at 1:30 p.m. at Lifeguard headquarters, stating that members of the Council and public are invited to attend. Mayor Grgas requested that Mayor Pro Tempore Brownell accept the donation on behalf of the City. Councilmember Risner reported receipt of a petition requesting installation of a street light on Crest Drive. The City Manager stated that the installation of the light has been approved by staff and that the request is being forwarded to the Edison Company. Councilman Laszlo referred to a personnel hearing pending before the City's Civil Service Board, and according to an Orange County newspaper article, the legal counsel for the employee involved is also the City Attorney for the City of La Habra. Councilmember Laszlo expressed his concern with and questioned the possible involvement of a member of the City Council in the choice of that legal counsel and with solicitation of funds towards the legal defense of the employee, and directed these questions to Councilmember Risner. Mr. Laszlo remarked that such involvement could be deemed a violation of the City Charter by interfering in City affairs, and requested that the City Attorney comment on this matter. The City Attorney stated that as discussed in the past, any disciplinary action with respect to a City employee is open to the right of appeal which is within the domain of the Civil Service Board, and the Council, having no authority over such I lO-lO-83 I actions, should not be involved in the matter. The City Attorney explained that in view of the fact that the City Attorney of La Habra, who, it is understood is also a private attorney, is involved in representing the employee does not effect the outcome of this particular decision, that the choice of legal counsel must lie ultimately with the employee, and that the Council should not be involved in deciding who that attorney may be or involved in the disciplinary process in any way. Mr. Stepanicich stated that there are no facts, to his knowledge, that would indicate there has been any improper action by any councilmember up to this point, however cautioned that the Council should not be involved in attempting to influence in any way the decision that will have to be made by the Civil Service Board. Councilmember Risner responded to Mr. Laszlo, stating that any question dealing with the choice of legal counsel should be directed to the person who hired that particular attorney, and responded in the negative to Mr. Laszlo's questions regarding her involvement in the selection of legal counsel and solicitation of funds. Mrs. Risner did verify that the employee did contact another person and asked if he knew somebody who had experience in these cases. Councilman Laszlo extended an apology to Councilmember Risner in light of her responses to his concerns. Mr. Schaefer, 137 1/2 Dolphin Avenue, objected to the proposed councilmanic district boundary changes and reactivation of the Redistricting Committee. There were no other oral communications; Mayor Grgas declared oral communications closed. I CLOSED SESSION The Council recessed to Closed Legal Session at 8:42 p.m. and reconvened at 9:06 p.m. with the Mayor calling the meeting to order. The City Attorney reported that the Council had discussed pending litigation. ADJOURNMENT Laszlo moved, at 9:07 p.m. second by Vanderstaay, to adjourn the meeting AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Approved: of I Attest: