HomeMy WebLinkAboutCC Min 1980-08-11
2^:I.7-28-80 / 8-11-80
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Attest:
Seal Beach, California
August 11, 1980
The City Council of the City of Seal Beach met in regular session at
7:00 o'clock p.m. with Mayor Kredell calling the meeting to order
ROLL CALL
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with the Salute to the Flag.
Present:
Mayor Krede~l
Councilmembers Laszlo, Seitz, Vanderstaay
Absent:
None
Vacancy:
One
Also present:
Mr. Courtemarche, City Manager
Mr. Gillig, Deputy City Attorney
Mr. Johnson, City Engineer
Mr. Romaniello, Planning Director
Mr. Thomas, Finance Director
Chief Picas cia, Police Department
Mrs. Yeo, City Clerk
WAIVER OF FULL READING
Laszlo moved, second by Vanderstaay, to waive the reading in full of
all ordinances and resolutions, and that consent to the waiver of
reading of the title unless specific request is made at that time for
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reading shall be deemed to be given by all Council members after
the reading of such ordinance or resolution.
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AYES:
Kredell, Laszlo, Seitz, Vanderstaay
NOES:
None
ABSENT:
None
VACANCY:
One
Motion carried
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CITy'COUNCIL VACANCY - COUNCILMANIC DISTRICT FIVE
Vanderstaay moved, second by Laszlo, to appoint Mr. George H. Supple
to fill the City Council vacancy from Councilmanic District Five for
unexpired term ending May 1982.
AYES:
Kredell, Laszlo, Seitz, Vanderstaay
NOES:
None
ABSENT:
None
VACANCY:
One
Motion carried
Mr. George H. Supple, 1605 Merion Way, 4l-F, was declared appointed to
fill the City Council vacancy from District Five and was duly sworn to
that office by the City Clerk. Mr. Supple took his seat at the Council
table to a round of applause from members of the City Council and the
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audience.
PUBLIC HEARING - MAINTENANCE OF PRIVATE PROPERTY
Mayor Kredell declared the pUblic hearing open to consider maintenance
of private property policies for the City of Seal Beach. The City Clerk
certified that notices had been published as required by law and that
no communications had been received either for or against this item.
The Planning Director presented the staff report and recommendations of
the Planning Commission, and noted the proposed ordinance enables the
City to exercise control over maintenance of structures and private
property that is in disrepair and impacts adjacent properties. There
were no communications from the audience for or against the matter;
Mayor Kredell declared the public hearing closed.
ORDINANCE NUMBER 1085 - MAINTENANCE OF PRIVATE PROPERTY
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Ordinance Number 1085 was presented to Council for first reading
entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REQUIRING THE OWNER,
LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF ANY LOT, PARCEL, TRACT- OR
PIECE OF LAND TO KEEP AND MAINTAIN SUCH PREMISES IN A MANNER CONSISTENT
WITH THE LANDSCAPING AND MAINTENANCE STARDARDS OF SURROUNDING PROPERTY,
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AND AMENDING THE CODE OF THE CITY OF SEAL BEACH BY ADDING CHAPTER 14,
ARTICLE 11." By unanimous consent, full reading of Ordinance Number
1085 was waived. The Planning Director requested that Section 14-13 (4)
be amended by adding "... and that the City Council may by resolution
adopt rules and regulations that are reasonable to implement this
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ordinance". The City Clerk requested that all reference to Article III
be changed to Article II and that the sections be renumbered as'Section
14-11 through Section 14-20. Vanderstaay moved, second by Kredell, to
approve the introduction of Ordinance Number 1085 as amended and that
it be passed to second reading.
AYES:
Kredell, Laszlo, Seitz, Vanderstaay
NOES:
None
ABSTAIN:
Supple
ABSENT:
None
Motion carried
PUBLIC HEARING - OLD RANCH BUSINESS PARK - BIXBY RANCH COMPANY -
TENTATIVE PARCEL MAP
The Mayor declared the public hearing open to consider the Tentative
Parcel Map 80-1002 for Bixby Ranch Company's "Old Ranch Business Park".
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The City Clerk certified that notices had been published and mailed as
required by law and that no communications for or against this matter
had been received. The Plannin~ Director present~d an indepth report
relating to th~ proposed Business Park development and recommendations
of the Planning Commission. The Planning Director noted that all
structures proposed are below height limitations for that area, the
development covers less that 25% of the land area and that landscaping
will also exceed the 10% site area requirement. Mr. Romaniello stated
the Environmental Quality Control Board held two public hearings to review
the Environmental Impact Report and had declared the E.I.R. as amended to
be final and in full compliance with C.E.Q.A. and city regulations. The
Planning Director also reported staff had worked closely with residents
of the surrounding Rossmoor properties to resolve their concerns and had
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numerous meetings with Cal Trans regarding traffic patterns and impact
in the area. Mr. Romaniello reported that the applicant had agreed in
writing to prohibit all uses of the property which staff has determined
to be unfavorable, such as those contained in City Code Section 28-1500,
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had agreed that staff will be allowed to review proposed tenants of
buildings 2 and 3, designated for financial use, and agreed to reconstruct
and restripe Seal Beach Boulevard to provide for a double left hand turn
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lane into the 405 Freeway, and explained that Lot 13 of the project
provides for an access roadway through the site to the 405/7th Street
connection. The Planning Director recommended that the proposed
resolution approving Tentative Parcel Map 80-1001 be amended under the
sixth paragraph to read: "(2)....site will be underutilized as far as
the City'S Land Use Element and General Plan. This pro~ect will only
utilize 25% of the land rather than the allowable 75%;" "(3)...as
determined by the Environmental Impact Report and the Environmental
Quality Control Board, is not likely to cause substantial environmental
damage"; and "(7) The proj ect is in full conformance with the City's
General Plan and Zoning Ordinance".
Councilman Laszlo expressed support for the project, however noted his
concerns regarding traffic flow and the double left hand turning lanes
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onto the 405 Freeway. The Planning Director stated that Engineering
Condition Number 6 addressed Mr. Laszlos' concerns. Mr. Justin Parmer of
Linscott, Law and Greenspan consulting firm, spoke regarding the traffic
surveys contained wi thin the E. I. R. and standards for turning lanes such
as the one proposed onto the 405 Freeway; Gary Bork, Cal Trans representative,
spoke regarding traffic related concerns and agreed with the adequacy
of the proposed double left turn lanes. Mr. Mike McGregor, project
manager for the Bixby Ranch Company, spoke regarding the access road
through the development connecting with the 405 Freeway and 7th Street.
Lengthy discussion followed. The City Attorney clarified that pursuant
to state law, the Council must act on the proposed Tentative Tract Map
within thirty days of the Planning Commission hearing. Councilman Laszlo
asked that this matter be held over until next meeting for further review
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of the capabilities and safety of the proposed left hand turn lanes. It
was noted for the record that the developer had, at this time, waived
all statutory rights under the State Subdivision Map Act for approval
of the'Tentative Tract Map by the City Council, pending resolution of
the concerns expressed by Councilman Laszlo. Laszlo moved, second by
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Kredell, that no action on this matter be taken at this time and that
the public hearing be continued to Monday, August 25, 1980 at 7:00 p.m.
AYES:
Kredell, Laszlo, Seitz, Supple, Vanderstaay
NOES:
None
ABSENT:
Motion carried
None
PUBLIC HEARING - TENTATIVE PARCEL MAP 80-1002 - 1107 OCEAN AVENUE
FREIMUTH
Mayor Kredell declared the public hearing open to consider conversion
of a duplex into a two unit condominium at 1107 Ocean Avenue. The
City Clerk certified that notices had been published and mailed as
required by law and that no communications had been received either for
or against the matter. There were no communications from the audience;
Mayor Kredell declared the public hearing closed.
RESOLUTION NUMBER 2995 - APPROVING TENTATIVE PARCEL MAP 80-1002 - FREIMUTH -
1107 OCEAN AVENUE
Resolution Number 2995 was presented to Council entitled "A RESOLUTION
OF THE SEAL BEACH CITY COUNCIL APPROVING TENTATIVE PARCEL MAP 80-1002."
By unanimous consent, full reading of Resolution Number 2995 was waived.
Laszlo moved, second by Kredell, to adopt Resolution Number 2995 as
presented.
AYES:
Kredell, Laszlo, Seitz, Supple, Vanderstaay
NOES:
None
ABSENT:
None
Motion carried
PUBLIC HEARING - AMENDING ZONING ORDINANCE - USER FEES
Mayor Kredell declared the public hearing open to consider an amendment
to the Zoning Ordinance increasing user fees to cover city costs to provide
called for services. The City Clerk certified that notices had been
published as required by law and that no communications had been received
either for or against this matter. The City Manager reported that at the
direction of the Council, the increased fees presented for Council
consideration reflected the actual cost to the City to provide those
services, that the Planning Commission had reviewed this matter and
recoll1D1ended Council adoption of the amended fee schedules. The Planning
Director reviewed the present and proposed fees for information of the
City Council. Discussion followed. There were no communications from
the audience; Mayor Kredell declared the public hearing closed.
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ORDINANCE NUMBER 1086 - AMENDING ZONING ORDINANCE - USER FEES
Ordinance Number 1086 was presented to Council for first reading entitled
"AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28, ZONING, OF
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THE CITY CODE. 11 By unanimous consent, full reading of Ordinance Number
1086 was waived. Councilman Laszlo moved to consider processing of
variances separately and that that cost be established at $100. There
was no second to the motion. Vanderstaay moved, second by Seitz, to
approve the introduction of Ordinance NUmber 1086 and that it passed to
second reading.
AYES:
Kredell, Seitz, Supple, Vanderstaay
NOES:
Laszlo
ABSENT:
None
Motion carried
PUBLIC HEARING - HELLMAN NO. 35.- PERMIT TO DRILL
Mayor Kredell declared the public hearing open to consider approval to
rework Hellman No. 35, an existing oil well. The City Clerk certified
that notices had been published as required by law and that no
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communications had been received either for or against this matter.
The City Manager presented the staff report and recommended approval
of the redrill permit. In response to Councilman Supple, the City
Manager stated this item was before the Council for consideration as
required by the Seal Beach City Code. Councilman Supple suggested that
such Code requirements relating to oil production, redrilling and fees
be reviewed for possible revision. There were no other communications;
Mayor Kredell declared the public hearing closed.
RESOLUTION NUMBER 2996 - HELLMAN NO. 35 - GRANTING A PERMIT TO DRILL
Resolution Number 2996 was presented to Council entitled "A RESOLUTION
OF THE SEAL BEACH CITY COUNCIL GRANTING A COUNCIL PERMIT TO DRILL AND
DIRECTING THE CITY MANAGER TO ISSUE A DRILLING PERMIT FOR THE REWORKING
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OF AN EXISTING OIL WELL, HELLMAN NO. 35." By unanimous consent, full
reading of Resolution Number 2996 was waived.
AYES:
Kredell, Laszlo, Seitz, Supple, Vanderstaay
NOES:
None
ABSENT:
None
Motion carried
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REPORT - PROPOSED BALLOT MEASURE - SPECIAL SAFETY SERVICES TAX
Finance Director, Mr. Thomas, presented a review of documents relating to
a Special Safety Services Tax and calling a Special Municipal Election for
November 4, 1980. Mr; Thomas noted the Tax assessment includes single
residential units, multiple dwellings, commmercial/industrial units and
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parcels of vacant land, and reviewed the assessment schedule for each
category over the four year period of the tax. In response to Councilman
Supple, the City Attorney stated the tax as presented is a special services
tax as allowed by Article XIII-A of the California Constitution and is not
an ad valorum tax which is based on the value of property. It was noted
the assessment schedule presented is based on the fact that particular
types of units require certian levels of service. Councilman Supple
suggested the Council give consideration to alternative taxation methods
such as an individual income tax or per capita tax. Discussion continued
regarding postponing submittal of the Special Service Tax measure until
the next election date; availability of tax revenues if the proposed
measure is approved; and various methods for collection of the tax. Several
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members of the audience spoke regarding the proposed Tax measure.
Councilman Supple requested a report of crime statistics for the past
several years.
The City Attorney reviewed technical amendments to the documents presented
for consideration: that Ordinance Number 1087, Section 22-78 be amended
to read "... on each residential, commercial and vacant parcel of real
property within the city..."; Ordinance 1087, Section 22-80, Table B,
be amended to clarify the specific type of units; Ordinance Number 1088
ballot measure text be amended to read "...Special Safety Services Tax
annually for the next four years to preserve current Police, Fire and
Paramedic service 'levels...".
PROPOSED ORDINANCE NUMBER 1087 - AUTHORIZING SAFETY SERVICES TAX
Proposed Ordinance Number 1087 was presented to Council entitled "AN
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ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A SAFETY
SERVICES TAX ALLOWING FOR EXPENDITURE OF THOSE FUNDS DERIVED FROM SAID
TAX AND AMENDING THE CODE OF THE CITY OF SEAL BEACH BY ADDING CHAPTER
22, ARTICLE IX." By unanimous consent, full reading of Ordinance
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Number 1087 was waived. Seitz moved, second by Kredell, to approve
Ordinance Number 1087 as amended to be submitted to the voters on the
November 3, 1980 ballot, and to be considered for adoption upon the
certification of the results of that election by the City Council, the
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Ordinance to take effect ten days thereafter.
AYES:
Kredell, Laszlo, Seitz, Vanderstaay
NOES:
Supple
ABSENT:
None
Motion carried
ORDINANCE NUMBER 1088 - CALLING SPECIAL MUNICIPAL ELECTION - NOVEMBER 4,
1980
Ordinance Number 1088 was presented to Council entitled "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER
CITY, CALLING A SPECIAL MUNICIPAL ELECTION PROVIDING FOR THE SUBMISSION
OF A BALLOT MEASURE TO THE QUALIFIED ELECTORS OF THE CITY RELATING TO A
SAFETY SERVICES TAX, SAID ELECTION TO BE HELD ON THE 4th DAY OF
NOVEMBER, 1980, CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION AND
DECLARING THIS ORDINANCE TO BE EFFECTIVE IMMEDIATELY." By unanimous
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consent, full reading of Ordinance Number 1088 was waived. Seitz moved,
second by Kredell, to adopt Ordinance Number 1088 as amended.
AYES:
Kredell, Laszlo, Seitz, Vanderstaay
NOES:
Supple
ABSENT:
None
Motion carried
RESOLUTION NUMBER 2997 - REQUESTING CONSOLIDATION - SPECIAL MUNICIPAL
ELECTION - NOVEMBER 4, 1980
Resolution Number 2997 was presented to Council entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER
CITY, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO
CONSOLIDATE THE SPECIAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON NOVEMBER 4, 1980, PURSUANT TO SECTION 23302 OF
THE ELECTIONS CODE." By unanimous consent, full reading of Resolution
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Number 2997 was waived. Vanderstaay moved, second by Kredell, to
adopt Resolution Number 2997 as presented.
AYES:
Kredell, Laszlo, Seitz, Vanderstaay
NOES:
Supple
ABSENT:
None
Motion carried
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RESOLUTION NUMBER 2998 - WRITTEN ARGUMENTS - CITY MEASURE
Resolution Number 2998 was presented to Council entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING
CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A" CITY
2998 was waived. Laszlo moved, second by Vanderstaay, to adopt
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MEASURE." By unanimous consent, full reading of Resolution Number
Resolution Number 2998 as presented.
AYES:
Kredell, Laszlo, Seitz, Supple, Vanderstaay
NOES:
None
ABSENT:
None
Motion carried
RESOLUTION NUMBER 2999 - COMPLETION - SAN GABRIEL RIVER BIKE TRAIL -
PROJECT 467
Resolution Number 2999 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 467, SAN GABRIEL RIVER BIKE TRAIL,
MARINA DRIVE TO SEAL BEACH, IN ACCORDANCE WITH A CONTRACT ENTERED INTO
BETWEEN PORTER CONSTRUCTION COMPANY, INC. AND THE CITY OF SEAL BEACH."
By unanimous consent, full reading of Resolution Number 2999 was
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waived. Kredell moved, second by Seitz, to adopt Resolution Number
2999 as presented.
AYES:
Kredell, Laszlo, Seitz, Supple, Vanderstaay
NOES:
None
ABSENT:
None
Motion carried
CONSENT CALENDAR
Councilman Laszlo requested Item "A" be removed from the Consent
Calendar; Councilmember vanderstaay requested Item "C" removed from
the Consent Calendar. Laszlo moved, second by Kredell, to approve
the recommended action for Item "B" on the Consent Calendar as presented.
B. Approved regular demands numbered 36948 through
37103 in the amount of $114,269.24 and payroll
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of July 31, 1980 plus warrants numbered 32784
through 32785 in the amount of $158,335.42 as
approved by the Finance Committee and that
demands be drawn on the Treasury for the same.
AYES:
Kredell, Laszlo, Seitz, Supple, Vanderstaay
NOES:
None
ABSENT:
None
Motion carried
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Items Removed From the Consent Calendar
ITEM "A" - CITY COUNCIL MINUTES
Councilman Laszlo referred to his request for a report regarding street
conditions in College Park East; the City Clerk noted that request in
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the July 28th Council minutes. Laszlo moved, second by Kredell, to
approve the minutes of July 28th, 1980 as presented.
AYES:
Kredell, Laszlo, Seitz, Supple, Vanderstaay
NOES:
None
ABSENT:
None
Motion carried
ITEM "C" - 1980 AMERICAN PUBLIC WORKS ASSOCIATION CONGRESS AND EQUIPMENT
SHOW - DIRECTOR OF PUBLIC WORKS
Councilmember Vanderstaay requested the total cost for the Director of
Public Works to attend this Conference. The City Manager reported the
Cost to be $550 as described in the memorandum dated August 11th.
Councilman Supple moved to approve the attendance of the Public Works
Director at the 1980 American Public Works Association Congress and
Equipment Show. There was no second to the motion; motion failed.
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REPORT - PIERHEAD LINE ADJUSTMENT - PETERS LANDING
The City Engineer presented the staff report regarding establishment
of pierhead line adjustment to Peter's Landing Marina expansion and
stated the proposed boat slips have been revised from 81 to 40 slips,
and noted the marina portion of this project is within the City of
Seal Beach. The City Council discussed boating restrictions and
guidelines for mooring in this area and the City Manager stated he would
investigate any city or county ordinances currently in effect.
RESOLUTION NUMBER 3000 - ESTABLISHING PIERHEAD LINES - PETERS LANDING
Resolution Number 3000 was presented to Council entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING PIERHEAD
LINES ADJACENT TO PETER'S LANDING AND TRACT NO. 5813." By unanimous
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consent, full reading of Resolution Number 3000 was waived. Kredell
moved, second by Laszlo, to adopt Resolution Number 3000 as presented.
AYES:
Kredell, Laszlo, Seitz, Vanderstaay
NOES:
None
ABSTAIN:
Supple
ABSENT:
None
Motion carried
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The City Manager verified that the city is currently receiving revenues
from those boat slips within the city limits.
COUNCIL REPORTS and REQUESTS
Councilmember Vanderstaay stated she wished to reconsider the purchase
of Police Department motorcycles, which was discussed at the July 28th
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meeting. Vanderstaay moved, second by Laszlo, to authorize the purchase
of one additional motorcycle for the Police Department and that the cycle
currently in service be used for trade-in. Members of the audience spoke
regarding the motorcycle purchase.
AYES:
Laszlo, Seitz, Vanderstaay
NOES:
Kredell
ABSTAIN:
Supple
ABSENT:
None
Motion carried
Councilmember Vanderstaay suggested the staff study other uses for the
old Police Department building such as a clinic, a youth center or some
public function that would provide revenue to the City. Councilmember
Vanderstaay restated her desire that a traffic signal be installed near
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Sambo's restaurant and inquired about funding possibilities. The City
Engineer responded. Councilman Laszlo stated he had discussed the old
Police building restoration/renovation with several persons, including
two developers, and would report any information he obtains to the Council
at next meeting. Councilman Laszlo also referred to the proposed
racquetball use for the Marina Palace site and suggested a moratorium
be placed on development of that property pending a Planning Commission
study of the best and most beneficial use of that land. The City Manager
stated he would contact the State Lands Commission and the developer
to verify the status of that proposed development and report to Council
at next meeting. Councilman Supple was informed that District Five
appointments to Boards and Commissions would be on the next City Council
agenda. , The City Manager reported commending resolutions for Mr. Weir
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and former Board and Commission members would be presented for consideration
at next meeting also. Mayor Kredell requested that the air conditioning
unit in Council Chambers be repaired and complained that city employees
were using beach parking lots free of charge. The City Manager stated he
would investigate the complaint.
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ORAL COMMUNICATIONS
Mr. Gilkerson, Electric Avenue, referred to information contained within
a recent news article which was written by a member of the Council. The
City Manager explained restrictions on public information pursuant to the
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Brown Act. Ms. Antoci, Ocean Avenue, complained about cars parked over
public sidewalks and requested Council implement law whereby those vehicles
may be towed away. The Police Chief stated he would report on this
complaint at next meeting.
EXECUTIVE SESSION
It was the order of the Chair with consent of the Council to adjourn to
Executive Session at 11:18 p.m. The Council reconvened at 11:45 p.m.
It was reported the City Manager had been authorized by Council to
enter into Memorandum of Understanding with the Police and Fire
Associations, to be presented to Council at a subsequent meeting.
Laszlo moved, second by Vanderstaay, to authorize the City Manager
to negotiate an amendment to the agreement with the County for Land/
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Water Conservation Funds to be used for land acquisition rather than
development of the Department of Water and Power property.
AYES:
Kredell, Laszlo, Seitz, Supple, Vanderstaay
NOES:
None
ABSENT:
None
Motion carried
ADJOURNMENT
Laszlo moved, second by Vanderstaay, to adjourn the meeting to
Wednesday, August 20, 1980 at 7:30 p.m. for a joint meeting with the
Planning Commission to discuss Hellman property development.
AYES:
Kredell, Laszlo, Seitz, Supple, Vanderstaay
NOES:
None
ABSENT:
None
Motion carried
The meeting adjourned at 11:47 p.m.
Attest:
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