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Home My WebLink AboutCC Min 1982-02-22 2-8-82 / 2-22-82 ADJOURNMENT Vanderstaay moved, second by Seitz, to adjourn the meeting at 9:13 p.m. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None I ABSENT: Krede11 Motion carried r and ex-officio ach City Council City Seal APProved~~dJ__~ _f1 Mayor r "..." 9k....~~ ~ City Cler Seal Beach, California February 22, 1982 I The City Council of the City of Seal Beach met in regular session at 8:05 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Kredell, Seitz, Supple, Vanderstaay Absent: None Also present: Mr. Parker, City Manager Mr. Stepanicich, Assistant City Attorney Mr. Joseph, Assistant City Manager Mr. Johnson, City Engineer/Director of Public Works Chief Picas cia, Police Department Chief Hutain, Fire Department Ms. Danielson, Planning Director Mr. Osteen, Recreation Director Mr. Antos, Associate Planner Mrs. Yeo, City Clerk I WAIVER OF FULL READING Kredell moved, second by Vanderstaay, 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 Council members after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. 2-22-82 AYES: NOES: PROCLAMATIONS Mayor Laszlo proclaimed the week of February 22nd through February 26th, 1982 as "We11ness Week." Mayor Laszlo proclaimed March 7, 1982 as "Arbor Day." Mayor Laszlo proclaimed the month of March 1982 as "National Eye Bank Month." Kredell, Laszlo, Seitz, Supple, Vanderstaay None Motion carried I AGENDA AMENDED Kredell moved, second by Vanderstaay, to amend the agenda to consider Item "Q" out of order after agenda item "E". AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried PUBLIC HEARING - ZONING - VACANT LAND LIMITATIONS Mayor Laszlo declared the public hearing open to consider an amendment to the zoning Ordinance establishing limitations on vacant land uses. The City Clerk certified that notices had been published as required by law and that no communications for or against this item had been received. The Planning Director presented the staff report, noting that the Planning Commission had reconsidered this matter and had amended the provision to deal with authorized construction work on vacant land wherein vehicle access and/or parking would be necessary. There were no communications from the audience for or against this matter; Mayor Laszlo declared the public hearing closed. ORDINANCE NUMBER 1112 - ZONING - VACANT LAND LIMITATIONS Ordinance Number 1112 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 28 OF THE SEAL BEACH MUNICIPAL CODE BY ADDING SECTION 28-310, VACANT LAND LIMITATIONS." By unanimous consent, full reading of Ordinance Number 1112 was waived. Kredell moved, second by Supple, to approve the introduction of Ordinance Number 1112 and that it be passed to second reading. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried I I 2-22-82 PUBLIC HEARING - TENTATIVE PARCEL MAP NO. 82-1001 - HELLMAN PROPERTY DEVELOPMENT Mayor Laszlo declared the public hearing open to consider proposed Tentative Parcel Map Number 82-1001 for the division of the Hellman Specific Plan area into parks, streets and lots. The City Clerk I certified that notices had been published and mailed as required by law and that no communications had been received either for or against this matter. The Associate Planner presented the staff report, stated the Tentative Parcel Map delineated the two park areas for transfer to the City, First Street and "U" Street rights-of-way for dedication to the City, designates the oil easements and provides a method to purchase residential parcels in block from the Hellman Estate. Mr. Antos reported that the Tentative Parcel Map had been reviewed by all affected City departments, that conditions had been developed that address all areas of concern of those departments, insures dedication of road rights-of-way, implements mitigating measures suggested by Southern California Edison Company and the Orange County Sanitation I District, and as conditioned Tentative Parcel Map No. 82-1001 complies with the Specific Plan, the City's General Plan and the Redevelopment Agency Plan. The Associate Planner reported actions taken by the Planning Commission and their recommendations to the City Council. It was noted a revised Resolution had been provided the Council prior to the meeting. Mayor Laszlo invited members of the audience wishing to speak to this item to come to the microphone and state his/her name for the record. Mr. D. Munsell, Director of Planning for Ponderosa Homes, stated that the Conditions of Approval as set forth had been reviewed and agreed to by Ponderosa Homes. There were no other communications from the audience; Mayor Laszlo declared the public hearing closed. Councilman Seitz referred to the liquafaction I problem and possible liability of the City if not satisfactorily resolved. The Assistant City Attorney stated the Environmental Impact Report set forth liquafaction mitigating measures and that approval of the Parcel Map did not subject the City to any liability. Councilman Seitz referred to the Southern California Edison Company communication referenced in Condition 4, stated the Parcel Map did 2-22-82 not clarify the impact of any exchange of land on the City parksite or of the transmission lines proposed to be located in the park area and inquired as to any limitation of park area recreation facilities due to the power lines. The Associate Planner explained that the transmission lines are proposed for the northerly portion of the parksite, that the referenced easement is to be increased to twenty- five feet to provide roadway access to the oil extraction sites and for transmission line location, and stated the only limitation of parksite use would be that of the Edison Company relating to location of buildings and structures in the vicinity of the transmission lines. Mr. Antos stated the power transmission relocation was con- ditioned as part of the Tentative Tract Map approved by the City Council and that as proposed the relocation would eliminate an old electrical loop that originated from the Department of Water and Power facility, eliminates the electric poles along First Street and lines along Bolsa Avenue. Councilman Seitz also referred to the approximate dimensions shown on the Parcel Map, expressed concern regarding determination of the final lot lines for existing properties along Catalina Avenue and asked if the City would be legally bound to the approximate dimensions when the 'final map is considered. The C~~y Engineer explained the Parcel Map being considered shows: lot lines as they legally exist and that any adjustment to those lines would be presented by the developer when other phases of the develop- ment are considered. It was again clarified the developer is negotiating with those homeowners to resolve any property line adjustments. The Assistant City Attorney suggested the Council may wish to consider a condition of approval that would provide dimension adjustments up to a maximum footage. Councilman Seitz stated he would like this item held over until next meeting to review the Edison Company relocation plan. Mr. Munsell reported that the Edison relocation is in the design state and that precise data would not be available by the next meeting and it was pointed out that location of the transmission lines would be fully set forth on the final parcel map. Discussion continued. It was noted that without Council approval of the Tentative Parcel Map, I I I 2-22-82 the Planning Department could not approve the concept plan and there- fore the project would not be eligible for consideration by the Coastal Commission. The Assistant City Attorney recommended that Condition 4 be amended to read "Final determination as to location of the power I transmission lines shall be to the satisfaction of the City Council", noting that all conditions must be satisfied prior to recordation of the Final Map. With regard to the one hundred foot easement shown as Parcel C, the City Engineer explained the roadway width is eighty- four feet, the remainder to be landscaped area, that the road is on the County Master Plan and the City's Circulation Element. Mr. Johnson stated it was his understanding maintenance of the parkway areas by the homeowners association was a condition of approval of the Tentative Tract Map. Seitz moved, second by Vanderstaay, to approve amended Condition No. 4 relating to location of the power transmission lines as recommended by the Assistant City Attorney. I AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3131 - APPROVING TENTATIVE PARCEL MAP NO. 82-1001 - HELLMAN PROPERTY DEVELOPMENT Resolution Number 3131 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING TENTATIVE PARCEL MAP NO. 82-1001." By unanimous consent, full reading of Resolution Number 3131 was waived. Kredell moved, second by Vanderstaay, to adopt Resolution Number 3131 as presented with Conditions of Approval as amended. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried Mayor Laszlo declared a recess of the meeting at 9:23 p.m.; the meeting I reconvened at 9:33 p.m. with the Mayor calling the meeting to order. MUNICIPAL HOMEOWNERS INSURANCE The City Manager presented the staff report and noted the information previously requested by Council regarding loss experience in the City and background information on AVCO had been provided the Council. In response to Council, the Assistant City Attorney clarified that the 2-22-82 legal opinion of Gibson, Dunn & Crutcher dated October 1981 to AVCO had no bearing on the homeowners proposal being considered by the City, that the agreement with AVCO is non-exclusive and has been amended to provide for a five year termination and a thirty day cancellation provision, that the City is one of the insured not the insurer and reported that AVCO had agreed to a hold harmless clause in the event of negligent inspection on the part of the City, however would not hold harmless in the instance of a resident bringing suit directly against the City. Mr. Stepanicich noted the City is also covered under its liability insurance. Discussion continued. Seitz moved, second by Vanderstaay, to authorize the City Manager to execute the policy endorsement on behalf of the City as amended providing for a five year termination and thirty day cancellation clause and that Section B-J of the endorsement be amended to include the words "not be responsible or liable for payment.. .". Councilman Supple stated he would like the City Manager to investigate other means of generating an equal amount of revenue to the City rather than through the homeowners insurance program and that he would like to postpone action on this item pending the City Manager's financial analysis for the City. Mayor Laszlo stated he was not' prepared' to vote on the homeowners insurance at this time and would therefore abstain from voting. AYES: Kredell, Seitz, Vanderstaay NOES:. None ABSTAIN: Laszlo, Supple Motion carried ORDINANCE NUMBER 1105 - REGULATING PARKING - OVERSIZE and NON-MOTORIZED VEHICLES Ordinance Number 1105 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REGULATING THE PARKING OF OVERSIZE AND NON-MOTORIZED VEHICLES ON CITY STREETS, AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance Number 1105 was waived. Seitz moved, second by Supple, to adopt Ordinance Number 1105 as presented. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: Motion carried None I I I 2-22-82 ORDINANCE NUMBER 1106 - CHARITABLE SOLICITATION REGULATIONS Ordinance Number 1106 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISHING REGULATIONS FOR CHARITABLE SOLICITATION AND AMENDING THE CODE OF THE I CITY OF SEAL BEACH BY ADDING CHAPTER 11, ARTICLE IV." By unanimous consent, full reading of Ordinance Number 1106 was waived. Seitz moved, second by Kredell, to adopt Ordinance Number 1106 as presented. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried ORDINANCE NUMBER 1114 - AMENDING CITY CODE - GRANTING and REGULATING FRANCHISES FOR CABLE COMMUNICATIONS SYSTEMS Ordinance Number 1114 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 23A OF THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA, RELATING TO THE GRANTING AND REGULATION OF FRANCHISES FOR CABLE COMMUNICATIONS SYSTEMS." By unanimous consent, full reading of Ordinance Number 1114 was waived. Seitz moved, second by Vanderstaay, to adopt Ordinance Number 1114 as I presented. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3132 - INTERFUND TRANSFER POLICY Resolution Number 3132 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING A POLICY FOR INTERFUND TRANSFERS INVOLVING CERTAIN SPECIAL PURPOSE FUNDS." By unanimous consent, full reading of Resolution Number 3132 was waived. Supple moved, second by Vanderstaay, to adopt Resolution Number 3132 as presented. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried I RESOLUTION NUMBER 3133 - CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES Resolution Number 3133 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REPEALING RESOLUTION NO. 2987 AND ADOPTING PROCEDURES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND THE GUIDELINES OF THE SECRETARY FOR THE RESOURCES AGENCY, AS AMENDED 1982." By unanimous consent, full reading of 2-22-82 Resolution Number 3133 was waived. Supple moved, second by Seitz, to adopt Resolution Number 3133 as presented. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3134 - ESTABLISHING VOTING PRECINCTS - POLLING PLACES - PRECINCT BOARD MEMBERS - PRIMARY NOMINATING ELECTION - MARCH 30, 1982 Resolution Number 3134 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, AND APPOINTING PRECINCT BOARD MEMBERS FOR THE PRIMARY NOMINATING MUNICIPAL ELECTION OF SAID CITY ON TUESDAY, MARCH 30, 1982, HERETOFORE CALLED BY ORDINANCE NUMBER 1110 OF THE CITY COUNCIL. II By unanimous consent, full reading of Resolution Number 3134 was waived. Supple moved, second by Vanderstaay, to adopt Resolution Number 3134 as presented. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3135 - APPROVING APPLICATION - 1976 STATE, URBAN AND COASTAL PARK BOND ACT MONIES - NORTH SEAL BEACH COMMUNITY CENTER Resolution Number 3135 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR 1976 STATE GRANT MONIES FOR THE PURCHASE OF THE NORTH SEAL BEACH COMMUNITY CENTER." By unanimous consent, full reading of Resolution Number 3135 was waived. Kredell moved, second by Laszlo, to adopt Resolution Number 3135 as presented. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried CONSENT CALENDAR Councilman Krede11 requested Items "M" and "P" removed from the Consent Calendar. Vanderstaay moved, second by Laszlo, to approve the recom- mended action for items on the Consent Calendar as presented except Items "M and P". N. Approved regular demands numbered 43133 through 43255 in the amount of $117,383.93; payroll of February 11, 1982 plus demands numbered 33235 through 33248 in the amount of $141,550.33 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. I I I 2-22-82 O. Denied the claim of Jeffery Allen Queen for recovery personal expenses and referred same to the City's insurance adjuster for investigation. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay I NOES: None Motion carried ITEM "M" - APPROVAL OF MINUTES Councilman Kredell stated he would abstain from voting on the approval of the minutes as he was absent from that meeting. Supple moved, second by Vanderstaay, to approve the minutes of the regular meeting of February 8, 1982 as presented. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSTAIN: Kredell Motion carried ITEM "P" - CITIZEN PARTICIPATION COMMITTEE - HOUSING/COMMUNITY DEVELOPMENT PROGRAM The City Manager presented the staff report, stating Federal regulations for the Housing/Community Development Program require a citizen I participation committee to review proposed programs, receive public comments and recommend programs for H/CD funding to the Council each year. Mr. Parker reported that the County H/CD staff does not feel the Planning Commission acting as the Citizen Participation Committee qualifies under the intent of a citizen committee, therefore it was the recommendation of the staff that the Redevelopment Agency Project Area Committee be designated as the Citizen Participation Committee. Discussion followed with the Council expressing the desire that the Citizen Participation Committee be representative of the entire target area eligible for HC/D funds. Vanderstaay moved, second by Kredell, to direct the staff to prepare guidelines for the Citizen Committee setting forth a definition of their duties, membership and terms, I to be presented to Council for consideration. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None , Motion carried AGREEMENT - SB 99 BONDS The City Manager requested that the City Council take action acepting and agreeing to the Agreement for SB 99 Bonds previously approved by 2-22-82 / 2-25-82 the Redevelopment Agency. Seitz moved, second by Vanderstaay, to accept and agree to the SB 99 Bond Agreement as recommended. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: Krede11 Motion carried ORAL COMMUNICATIONS There were no oral communications. ADJOURNMENT Vanderstaay moved, second by Laszlo, to adjourn the meeting to Thursday, February 25th at 7:00 p.m. to consider the sale of the SB 99 Bonds. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: Motion carried None The meeting adjourned at 10:24 p.m. clerk of the Approvot>f-....L ~ ~ Mayor Attest: Seal Beach, California February 25, 1982 The Seal Beach Redevelopment Agency and the Seal Beach City Council met in regular adjourned concurrent session at 7:00 o'clock p.m. with Agency Chairman Supple and Mayor Laszlo calling the meetings to order with the Salute to the Flag. ROLL CALL - REDEVELOPMENT AGENCY Present: Chairman Supple Agency Members Laszlo, Seitz, Vanderstaay Absent: Agency Member Kredell I I I