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HomeMy WebLinkAboutCC Min 1980-10-28 10-28-80 rJJ" ':' iwD:t Seal Beach, California October 28, 1980 The City Council of the City of Seal Beach met in regular session at 7:14 p.m. with Mayor Kredell calling the meeting to order with the I Salute to the Flag. ROLL CALL Present: Mayor Kredell Councilmembers Seitz, Supple, Vanderstaay Absent: Councilmember Laszlo The City Clerk stated Mr. Laszlo was expected to arrive at a later hour, that Council may wish to excuse his absence. Also present: Mr. Courtemarche, City Manager Mr. Stepanicich, Assistant City Attorney Mr. Johnson, City Engineer Mr. Romaniello, Planning Director Chief Picascia, Police Department Mr. Thomas, Finance Director Mrs. Yeo, City Clerk WAIVER OF FULL READING Seitz moved, second by Supple, to waive reading in full of all ordinances I 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. AYES: Kredell, Seitz, Supple, Vanderstaay NOES: None ABSENT: Laszlo Motion carried AGENDA AMENDED At the request of Mayor Kredell, the agenda was amended to include a proclamation for "United Nations Day" which the Mayor so proclaimed and presented to Mrs. Aichele who was present in the audience. Mayor Kredell greeted a Huntington Beach High School student who is an active I participant in that school's model United Nations organization. PUBLIC HEARING - AMENDING ZONING ORDINANCE - HOME OCCUPATIONS Mayor Kredell declared the public hearing open to consider an amendment to Section 28-400 of the Zoning Ordinance relating to Home Occupations. The City Clerk certified that notices had been published as required by law and that no communications had been received either for or against 2~2 10-28-80 this matter. The City Attorney provided revised copies of the proposed ordinance to Council. The Planning Director presented the staff report and recommendations of the Planning Commission and explained the amendment would limit uses in residential zones to residential uses, public schools and public playgrounds; delete home occupations; and designate the Planning Director to determine if a proposed use is consistent and compatible with residential land use restrictions. The Planning Director also reported the Planning Commission had proposed an amendment that the applicant shall have the right of review of a decision of the Planning Director to the Planning Commission without a filing fee. There were no communications from the audience for or against the matter; Mayor Kredell declared the publ1c hearing closed. Councilman Supple expressed concern regarding regulation of non-nuisance home occupations and permit fee for same and Councilman Seitz objected to the $100 permit charge. Councilman Supple suggested that a "by complaint only" clause be included in the ordinance and referred to home occupation regulations in Leisure World. Lengthy discussion followed. Kredell moved, second by Supple, to refer this item back to the Planning Commission for further study, review of Leisure World regulations relating to home occupations and definition of specific acceptable/unacceptable home occupations. AYES: Kredell, Seitz, Supple, Vanderstaay NOES: None ABSENT: Laszlo Motion carried APPOINTMENT - ACTING MAYOR The City Manager explained that Mayor Kredell would not be participating in the next agenda item due to a conflict of interest and recommended an acting Mayor be appointed. Seitz moved, second by Supple, to appoint Councilmember Vanderstaay as Acting Mayor as reconunended. AYES: Kredell , Seitz, Supple NOES: None ABSTAIN: Vanderstaay ABSENT: Laszlo Motion carried PUBLIC HEARING - TENTATIVE PARCEL MAP 80-1003 - RONALD/NANCY KREDELL Acting Mayor Vanderstaay declared the public hearing open to consider I I I 10-28-80~~ Parcel Map 80-1003, a condominium conversion at 1001 Seal Way. The City Clerk certified that notices had been mailed and published as required by law and that no communications had been received either for or against the matter. The Planning Director presented the staff report I and recommendation of the Planning Commission to approve the conversion with conditions. There were no communications from the audience either for or against this item; Acting Mayor Vanderstaay declared the public hearing closed. Councilman Supple inquired as to approval authority for CCR's. The City Attorney explained CCR's receive review and approval for basic legal requirements, thereafter adopted by the Council. Councilman Supple recommended the COllncil retain the right to approve CCR's. Councilman Supple inquired about procedures for granting variances as it relates to parking requirements. The Planning Director stated that in this instance, parking spaces will exceed the !equired number and will be distributed to the residents at the discretion of the property owner. Council briefly discussed provisions for tandem I parking. RESOLUTION NUMBER 3018 - APPROVING TENTATIVE PARCEL MAP 80-1003 - RONALD/NANCY KREDELL - 1001 SEAL WAY Resolution Number 3018 was presented to Council entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING TENTATIVE PARCEL MAP 80-1003." By unanimous consent, full reading of Resolution Number 3018 was waived. Vanderstaay moved, second by Supple, to adopt Resolution Number 3018 as presented. AYES: Seitz, Supple, Vanderstaay NOES: None ABSTAIN: Kredell ABSENT: Laszlo Motion carried PRESENTATION I The City Manager announced that the Los Alamitos Rotary Club had honored the Mayor and other city officials for their contributions to the community and displayed a commending plaque and sketch of Los Alamitos and Seal Beach City Halls. ASSISTANT CITY MANAGER The City Manager introduced Mr. Dan Joseph as newly apponted 2M,10-28-80 Assistant City Manager who will be joining the city November 10th. The Council extended a welcome to Mr. Joseph. PROPOSED ORDINANCE - ARCHITECTURAL REVIEW BOARD - REGULATIONS/PROCEDURES A proposed ordinance was presented to Council for consideration entitled '.'AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING THE SEAL BEACH ARCHITECTURAL REVIEW BOARD AND PROVIDING ARCHITECTURAL REVIEW AND REGULATIONS AND PROCEDURES, AND AMENDING THE CODE OF THE CITY OF SEAL BEACH BY ADDING CHAPTER 3A." By unanimous consent, full reading of the proposed ordinance was waived. The Planning Director presented the staff report, explaining that the Planning Commission, at the direction of the Council, has, since 1978 been pursuing the concept of establishing an Architectural Review procedure for new development in the city. The Planning Director recommended that Board consist of seven members who are residents of the city, four from the professional fields specified in the ordinance and three resident lay persons, that single family residential zones be exempt and that reference to repainting of existing structures be deleted. Councilman Supple requested that this item be held over for sixty days for indepth review by the Council and discussion with residents of each district and referred to similar regulations within Leisure World. Councilman Seitz questioned possible conflict of interest with resident members; the Planning Director stated should that occur, the member would be required to abstain from acting on that project. Mr. Romaniello defined the term "non-minor" project. Councilman Seitz stated he would favor single family residential zones being included under the proposed regulations. The Planning Director noted the Planning Commission indicated they also preferred the inclusion of R-l zones. Council briefly discussed the city's sign ordinance. It was the consensus of the Council to delay action on this item for sixty days for additional study. CONSENT CALENDAR Councilman Supple requested that Item "E" be removed from the Consent Calendar. Vanderstaay moved, second by Seitz, to approve the recommended action for items on the Consent Calendar except Item "E" as presented. A. Approved the minutes of the regular meeting of October 13, 1980 as presented. I I I I I AYES: NOES: ABSENT: 10-28-80 2S~ B. Approved regular demands numbered 38026 through 38114 in the amount of $244,062.73: payroll of October 23, 1980'plus'demands numbered 32842 through 32851 in the amount of $146,383.96 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. Denied the claim of Michael, Stewart for bodily injuries and referred same to the'city's insurance carrier and adjuster. Authorized the City Manager to fill the clerical vacancies of Property/Warrant Clerk and Records Clerk in the Police Department. Authorized ,the City Manager to fill the vacant position of Carpenter'in the Public Works Department. Received and filed the memorandum from the City Manager regarding review of the City of Seal Beach's Sphere of Influence. Kredell, Seitz, Supple, Vanderstaay' None C. D. F. G. Laszlo Motion carried Items Removed From the Consent Calendar I ITEM "E" - MEMORANDUM - 8th STREET POLICE BUILDING Councilman Supple suggested that the City Manager obtain information regarding restoration of an old city hall building from the City of Sausalito. Supple moved, second by Vanderstaay, to receive and file the City Manager's memorandum regarding the'Eighth Street Police Building. Councilman Seitz inquired if it was the intent of the Council to pursue rehabilitation of the entire structure or the original building only. The City Manager stated it was his unders~anding the original structure was' the portion being considered for restoration. The Planning Director affirmed that the entire police structure has been determined unsafe. The City Engineer reviewed findings of a 1972 study conducted by a structural engineering firm to determine the structural stability of the building and reviewed procedures to obtain an appraisal for I :lSG 10-28-80 rehabilitation. Vote on the motion. AYES: Kredell, Seitz, Supple, Vanderstaay NOES: None ABSENT: Laszlo Motion carried ENERGY - A POLICY STATEMENT SYNOPSIS The Planning Director presented an indepth report regarding a League of California Cities publication entitled "Energy: A Policy Statement." Mr. Romaniello stated the pamphlet deals with the need for energy conservatianfor all levels of government and offers suggestions for conservation projects for local jurisdictions. The Planning Director also referred to a State publication which reports a survey of conservation programs in other jurisdictions, some of which could be implemented in this city. The Planning Director confirmed that no financial assistance is available from the State for these programs, and recommended that if the Council wished to prepare an energy policy statement, an outside consultant and City Attorney be assigned that task. The Planning Director continued by reviewing a recently enacted state law which would allow local governments a method of providing financial assistance to private industry for energy conservation improvements. Councilman Supple stated it would not be practical for this city to imple- ment most programs listed and suggested the City Manager keep abreast of any other municipality that may be interested in pursuing such programs. The City Manager explained that the League of California Cities provides cities ongoing information relating to legislation and programs such as energy conservation. Supple moved, second by Seitz, to receive and file the energy report from the Planning Director. AYES: Kredell, Seitz, Supple, Vanderstaay NOES: None ABSENT: Laszlo Motion carried " Councilman Laszlo arrived at the meeting at 9:07 p.m. COUNCIL REPORTS AND REQUESTS Councilman Supple questioned several sections of the proposed ordinance implementing Proposition "0" and requested clarification. The City Manager and Finance Director explained the legal wording as required by State law. I I I 10-28-80 ~fJ.~ I APPOINTMENT - AD HOC BUS SERVICE COMMITTEE Seitz moved, second by Supple, to appoint Mrs. John Dampman to the Ad Hoc Bus Service Committee. AYES: Kredell, Laszlo, Seitz, Supple NOES: Vanderstaay Motion carried COUNCIL REPORTS AND REQUESTS - CONTINUED Councilman Seitz inquired about the status of cable television for Seal Beach. The City Manager reported an Authority meeting had been held to consider including new members and was approved with minor changes and stated he anticipated this item will be presented to Council for consideration within a month, pending legal review. Councilman Seitz asked the status of Planning Commission consideration of parkland/fee dedication based on the number of bedrooms per unit. The Planning Director stated he did not recall that the Planning Commission had considered the item to date. The City Manager stated the minutes would be reviewed for Council direction and a report would be forthcoming. Councilman Seitz referred to a recent joint meeting and noted Council and Planning Commission interest in development of the Flood Retarding Basin and requested a copy of the agreement with the County for that area. Council discussed various possible uses and funding for recreational facilities in that area, such as a lake or golf course with the primary use remaining as flood control basin. Councilman Laszlo suggested this matter be discussed with Supervisor Wieder. Councilmember Vanderstaay asked what holiday the city observed October 27th. The City Manager reported Veterans Day is observed by city employees on the last Monday in October, as established through meet and confer, is a carryover from the federal government's past three day holiday observances and offered that this item could be a matter of negotiation with the consensus of the Council. Mayor Kredell and Councilmember Vanderstaay requested that the Veterans Day observance date be changed. Councilman Laszlo moved that the Council review all communications and/or proposals relating to the police building prior to transmittal to any individual or company. Councilmember Vanderstaay seconded the motion. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried I I 26S~.10-28-80 Councilman Laszlo asked that dedication of fees or parkland by industrial developers be considered by the Planning Commission. The City Attorney stated the Quimby Act provides guidelines for dedications and that he would research the Act and report to Council. Mayor Kredell asked the status of the Bus Committee. The City Manager reported the Committee is reviewing a report received from the Orange County Transit District prior to presentation to the Council and stated all information regarding the Committee will be forwarded to the new appointee. The City Manager explained it is Coastal Commission policy to review any major changes to bus service as it relates to providing beach and visitor services. Mayor Kredell also asked about a report he had requested regarding contracting for county police, fire and paramedic services. The City Manager stated the Police and Fire Departments are in the process of obtaining information, that the County Fire Department will not conduct a study for determination of costs unless directed by the Council. Mayor Kredell stated he wanted a cost of paramedic services in the event Proposition "0" does not pass. Mayor Kredell requested that the beach be kept clean on the residential frontage side of the beach berm and inquired about the use of tree root cutting equipment. The City Engineer reported equipment is used on a priority basis in connection with the sidewalk repair program, and that the Sidewalk Program is expected to be implemented by spring, a report to be forthcoming for Council consideration. Mayor Kredell inquired about unstable street movement; the City Engineer stated some older streets were constructed on unstable soil, and reported no immediate action is anticipated regarding the storm drain on First Street as it relates to the City Yard subdivision development. The City Engineer also reported that the position of Tree Trimmer has not been filled and that trimming is being performed as personnel are available. Mayor Kredell suggested parkway trees be replaced and that the property owner be assessed the cost. The City Engineer suggested Council may wish to discuss this matter during budget sessions. In response to Councilman Laszlo, the Planning Director reported letters regarding the police building were forwarded to all companies on the list that was provided to the Council. Councilman Laszlo expressed his displeasure I 1 I: 10-28-8(1... ~B9 with the content of that communication. EXECUTIVE LEGAL/PERSONNEL SESSIONS It was the order of the Chair with consent of the Council to adjourn to Executive Legal and Personnel Sessions at 10:03 p.m. The meeting I reconvened at 11:00 p.m. with the Mayor calling the meeting to order The City Manager reported Council had discussed legal and personnel matters and would take action on non-represented employee salaries except those salaries of department heads. RESOLUTION NUMBER 3019 - ESTABLISHING SALARY RATES/BENEFITS - NON-REPRESENTED EMPLOYEES Resolution Number 3019 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AND OTHER PAYMENTS FOR EMPLOYEE BENEFITS, AND REPEALING ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 3019 was waived. Laszlo moved, second by Vanderstaay, to I AYES: NOES: ADJOURNMENT adopt Resolution Number 3019 as presented. Kredell, Laszlo, Seitz, Supple, Vanderstaay None Motion carried Laszlo moved, second by Supple, to adjourn the meeting at 11:02 p.m. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried Clerk ana ex-offici clerk of Beach City Council I Attest: City Clerk