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HomeMy WebLinkAboutCC Min 1981-04-13 4-13-81 ~ Seal Beach, California April 13, 1981 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 I with the Salute to the Flag. ROLL CALL Present: Mayor Kredell Councilmembers Laszlo, Supple, Vanderstaay Absent: Councilmember Seitz Also present: Mr. Parker, City Manager Mr. Coughlan, City Attorney Mr. Johnson, City Engineer/Director of Public Works Mr. Romaniello, Planning Director Chief Picascia, Police Department Mr. Thomas, Finance Director Mr. Osteen, Recreation Director Chief Adams, Fire Department Mr. Hutain, Assistant Fire Chief Chief Dorsey, Lifeguard Department Mr. Joseph, Assistant City Manager Mrs. Yeo, City Clerk WAIVER OF FULL READING I Vanderstaay moved, second by Laszlo, to waive 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. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried PROCLAMATION Mayor Kredell proclaimed April 26 through May 2, 1981 as "Days of Remembrance of the Victims of the Holocaust." PUBLIC HEARING - AMENDING ZONING CODE - BUILDING HEIGHT REGULATIONS - SMALL NONCONFORMING LOTS I Mayor Kredell declared the public hearing open to consider amending the Zoning Code to restrict all building on small nonconforming lots, parcels and building sites to one story or fifteen feet'in overall height. The City Clerk certified that pUblic hearing notices had been published as required by law and that no communications had been received for or against the matter. The Planning Director presented the staff 3.~,6 4-13-81 ._,..-,,'. report and recommendations of the Planning Commission. There were no comments for or against the matter from the audience. Mayor Kredell declared the public hearing closed. ORDINANCE NUMBER 1095 - AMENDING ZONING CODE - BUILDING HEIGHT REGULATIONS - SMALL NONCONFORMING LOTS Ordinance Number 1095 was presented to Council for first reading entitled III ~'AN ORDINANCE OF THE CITY OF SEAL BEACH CONCERNING BUILDING HEIGHTS ON SMALL LOTS AND AMENDING THE SEAL BEACH CITY CODE." By unanimous consent, full reading of Ordinance Number 1095 was waived. Supple moved, second by Vanderstaay, to approve the introduction of Ordinance Number 1095 and that it be passed to second reading. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried ORDINANCE NUMBER 1094 - ANIMAL LICENSE FEES Ordinance Number 1094 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, THE SEAL BEACH MUNICIPAL CODE, ANIMAL LICENSE FEES." By unanimous I CALIFORNIA, AMENDING CHAPTER 3, SECTIONS 2-10.7 (a), (b), AND (c) OF consent, full reading of Ordinance Number 1094 was waived. Vanderstaay moved, second by Kredell, to adopt Ordinance Number 1094 as presented. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried ORDINANCE NUMBER 1093 - AMENDING BUILDING CODE - ADOPTING CODES BY REFERENCE Ordinance Number 1093 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO BUILDING AND SAFETY AND ADOPTING BY REFERENCE THE NATIONAL 1981 ACCUMULATIVE SUPPLEMENT AND 1980 CODE CHANGES TO THE 1979 UNIFORM 'I ELECTRICAL CODE, 1981 EDITION, THE UNIFORM BUILDING SECURITY CODE, THE BUILDING CODE." By unanimous consent, full reading of Ordinance Number 1093 was waived. Laszlo moved, second by Vanderstaay to approve the introduction of Ordinance Number 1093, that May 11, 1981 be established as the date for public hearing on Ordinance ,Number 1093 and that the 4-13-81 3Q'( City Clerk be directed to publish notice of hearing as required by law. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried I RESOLUTION NUMBER 3051 - APPOINTING ALLEN J. PARkER - CITY MANAGER Resolution Number 3051 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPOINTING ALLEN J. PARKER AS CITY MANAGER." By unanimous consent, full reading of Resolution Number 3051 was waived. Laszlo moved, second by Vanderstaay, to adopt Resolution Number 3051 as presented. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried RESOLUTION NUMBER 3052 - HONORING RONALD E. ADAMS - FIRE CHIEF Resolution Number 3052 was presented to Council and read in full entitled "A RESOLUTION OF THE CITY COUNCIL OF TIiE CITY OF SEAL BEACH, I CALIFORNIA, HONORING RONALD E. ADAMS FOR HIS EXCELLENT SERVICE, DEVOTION AND LOYALTY WHILE SERVING THE CITIZENS OF THE CITY OF SEAL BEACH AS FIRE CHIEF." Laszlo moved, second by Supple, to adopt Resolution Number 3052 as presented. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried Mayor Kredell introduced Chief Adams to those present and expressed appreciation for his services on behalf of the community and extended best wishes in his future endeavors. RESOLUTION NUMBER 3053 - HONORING HEIDI HARTMAN - 1981 EMPLOYEE OF THE YEAR Resolution Number 3053 was presented to Council and read in full entitled I "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING HEIDI HARTMAN AS THE "1981 CITY EMPLOYEE OF THE YEAR." Laszlo moved, second by Vander~taay, to adopt Resolution Number 3053 as presented. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seit z Motion carried 3SB,4-13-81 RESOLUTION NUMBER 3054 - BANK SIGNATURE AUTHORIZATION Resolution Number 3054 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING AUTHORIZATION TO SIGN DEMANDS AND CHECKS FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE BANK OF AMERICA, SECURITY PACIFIC NATIONAL BANK AND UNITED CALIFORNIA BANK, AND RESCINDING RESOLUTION NUMBER 3025." By unanimous consent, full reading of Resolution Number 3054 was waived. Councilman Supple referred to Section 3 of the proposed resolution regarding the use of a facsimile signature plate and recommended that at least one of the required signatures on city demands be an original signature. The Finance Director explained the procedure followed for using the signature plate. Discussion continued and it was noted that the Council would reorganize in May at which time a new signature authorization would be presented for consideration. Mr. Supple requested that his recommendation be included in the subsequent signature authorization resolution. Supple moved, second by Vanderstaay, to adopt Resolution Number 3054 as presented. I I AYES: NOES: ABSENT: AGENDA AMENDED Laszlo moved, second by Kredell, to amend the agenda to include discussion of the Department of Water and Power Restoration Plan at this time, as requested by the City Manager. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried COASTAL COMMISSION - DEPARTMENT OF WATER AND POWER RESTORATION PLAN Kredell, Laszlo, Supple, Vanderstaay None Seitz Motion carried The City Manager reported that the Department of Water and Power Restoration Plan with amendments was scheduled for consideration by the California Coastal Commission the following day, April 14th. The City Manager pointed out that the project is being presented as a detailed plan with specifics and conditions as recommended by the Coastal Commission staff which include: 1) assignment of specific land areas to designated uses; 2) specific architectural style of design; I 4-13-81 3S9 I 3) specific designated visitor serving uses and/or specific designated recreational uses; 4) specific designated commercial uses; 5) specific designated residential uses; and 6) that public facilities be developed prior to issuance of occupancy permits to either tenants or residential owners. The City Manager pointed out that those conditions could be detrimental to the development of the Department of Water and Power site and further removes any flexibility and/or options that the Council may wish to retain. Mr. Parker recommended that the Council take action to make the city's position clear to the Coastal Commission and the Coastal Conservancy that the only commitment by the city to date is to agree in concept to propose an economically feasible project that would designate seventy percent of the land to open space and thirty percent to develop- ment. Mr. Parker read in full a memorandum addressed to the Coastal Commission over the signature of the Mayor, expressing the city'S concerns and stating the Council position regarding the Department of Water and Power property and the proposed restoration of the site at this time. Mr. Parker requested that the Council authorize a representative of the Council, the City Attorney and two members of the staff to attend the Commission meeting on behalf of the city. Lengthy discussion followed regarding conditions to the Plan as recommended by 'the Commission staff, obtaining a developer for the project, the status of funding and the city'S deadline to formally commit to the purchase of the site from the Department of Water and Power. Councilman Supple recommended that a firm commitment be obtained from the Coastal Conservancy for the avail- ability of $250,000 from them for the project. The City Manager stated he would be meeting with the Conservancy the following day and would address that issue. Laszlo moved, second by Supple, to authorize the City Attorney, Mayor and two city staff members attendance at the April 14, 1981 Coastal Commission meeting to present the City Council's position regarding the Department of Water and Power Restoration Plan as presented by the City Manager on behalf of the city. Members of the audience expressed their views regarding the D.W.P. Restoration Plan. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried I I 000.',4-13-81 RESOLUTION NUMBER 3055 -,ADOPTING DRAFT COASTAL LAND USE PLAN Resolution Number 3055 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING THE DRAFT COASTAL LAND USE PLAN" AS \o\NENDED, AS A SPECIFIC PLAN OF THE CITY OF SEAL BEACH GENERAL PLAN." By unanimous consent, full reading of Resolution Number 3055 was waived. The Planning Director presented the staff report stating that the Draft Land Use Plan had been reconsidered by the Planning Commission pursuant to Council direction and had determined that the amendments to the Draft Land Use Plan be incorporated as recommended by the City Council. The Planning Director reported that I the Coastal Commission staff have reviewed and raised issue with some of the L.C.P. revisions. MayorKredell expressed opposition to certain affordable housing provisions. The City Attorney reported that legis- lation is proposed that would remove housing from Commission jurisdiction and return control to the cities under their Housing Elements. Councilman Supple also voiced objection to specific policies dealing with affordable housing. The Council discussed ramifications of submitting the Draft Land Use Plan to the Commission with policies for coastal land use as III determined by the city rather than those suggested by the Commission staff. Lengthy discussion followed. Supple moved, second by Laszlo, to delete Policies 17 through 22 "Proposed Housing Policies" from the Draft Land Use Plan as amended. The City Attorney recommended that Policy 17 be included to read "the city shall mitigate and deal with housing in accordance with its Housing Element". AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Sei tz Motion carried Discussion continued regarding land use policies, requirement that the city'S General Plan and zoning ordinance be in compliance with the L.C.P. and state law as it presently exists regarding coastal III land use. Members of the audience spoke regarding beach frontage land use, continued Commission control over city development, Surfside access, land use as designated on Maps 3 and 9. Laszlo moved, second by Supple, to adopt Resolution Number 3055 as amended by the previous motion. 4-13-81 Z9t AYES: Kredell, Laszlo, Supple NOES: Vanderstaay ABSENT: Seitz Motion carried PROPOSED RESOLUTION NUMBER 3056 - ESTABLISHING SPEED LIMIT - L~~SON AVENUE I Proposed Resolution Number 3056 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING SPEED LIMITS ON LAMPSON AVENUE AND RESCINDING ALL RESOLUTIONS IN CONFLICT THEREWITH" was presented to Council. By unanimous consent, full reading of Resolution Number 3056 was waived. The Assistant City Engineer presented the staff report providing background on the measurement of prevailing speed of traffic, prior speed zone surveys, accident history and a legal opinion regarding setting of speed zones from the Orange County District Attorney's office, and recommended that the speed on Lampson Avenue be set at 45 MPH in accordance with the traffic and engineering survey. Councilman Laszlo spoke in opposition to establishing the 45 MPH speed, requested additional information regarding the bicycle I lanes and bicycle safety, and suggested this item be postponed. The Assistant City Engineer cautioned that if the speed were established less than that recommended by the engineering and traffic survey, contral of speed violations could be unenforceable or prohibited. Mr. Biery also reported that the existing speed zone survey on file with the courts will soon expire. Councilman Laszlo moved to set the speed zone on Lampson Avenue from Basswood to the east city limits at 45 MPH, that Basswood to Seal Beach Boulevard remain at 40 MPH. Chief Picascia affirmed that a speed less than that recommended by the survey would curtail enforcement by citation or the use of radar. The City Attorney asked that the record reflect his support for the staff opinion presented, noting that enforcement of any speed violation would be I hampered. Discussion continued regarding the design of the roadway in relation to the posted speed, with the Assistant City Engineer reporting that the curves are to be posted with advisory signs to further alert drivers to the roadway conditions. Councilman Laszlo withdrew his motion and it was the consensus of the Council to post- pone action of proposed Resolution Number 3056 until next meeting, 3~ 4~13-81 staff to provide additional information regarding bicycle safety on Lampson Avenue. CONSENT CALENDAR Councilman Supple and Councilman Laszlo requested Item "K" removed from the Consent Calendar; Councilman Kredell requested Item "0" removed from the Consent Calendar. Vanderstaay moved, second by Laszlo, to approve the recommended action for items on the Consent Calendar as presented except Item "K" and Item "0". L. Approved regular demands nimlbered 39665 through 39859 in the amount of $228,441.58; payroll of March 26, 1981 plus demands numbered 32947 through 32954 in the amount of $153,281.26; and payroll of April 9, 1981 plus demands numbered 32955 through 32959 in the amount of $140,714.45 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. M. Authorized the settlement of the claim of Bob Geis in the amount of $1900.00 for property damages subject'to the receipt of the appropriate release. N. Designated the Seal Beach Journal as the official newspaper for publications of legal notices and authorized the City Manager to execute the agreement on behalf of the city. P. Approved the Housing/Community Development Block Grant Citizens Participation Plan. Q. Authorized the advertisement of bids for the sale of Lot 9, Tract 9814, said bids to be presented for Council consideration at the regular meeting of May 26, 1981. R. Authorized the staff to proceed with grant application for Caltrans' Pavement Marking Demonstration Program, at no cost to the City. S. Ratified the West Orange County Water Board 1981-82 Budget. I I I 4-13-81 393 T. Bids were received and opened by the City Clerk at 2:00 p.m., April 7, 1981 for Sidewalk Repair Program, 1981 as follows: I Fleming Engineering, Inc. J. T. Garza Construction, Inc. KC Pacific Corporation Sully-Miller Contracting Co. Frontier Concrete Construction Co. Tate & Sons Construction E.G.N. Construction, Inc. C.L.M. Construction, Inc. Damon Construction Co. Nobest, Incorporated P.E.R. Inc. Dyno Construction, Inc. $ 8,740.20 9,162.00 11,728.50 11,911.80 11,965.40 12,200.00 12,336.00 13,979.64 14,105.40 14,941. 20 14,980.80 18,349.20 Awarded the bid for Sidewalk Repair Program, Project No. 512, to Fleming Engineering, Inc. in the amount of $8,740.20 for the unit prices bid, rejected all other bids and authorized the City Manager to execute the contract. AYES: Kredell, Laszlo, Supple, Vanderstaay I NOES: None ABSENT: Seitz Motion carried Items Removed From the Consent Calendar ITEM K - APPROVAL OF MINUTES Councilman Supple inquired about the approval of the March 9 City Council minutes. It was clarified that those minutes had received approval at the March 23rd meeting. Councilman Laszlo questioned a statement in the March 23rd minutes relating to the Exxon Lease Agreement whereby the Lease could be terminated with a six month notice by either party to the Agreement. The City Engineer clarified that statement to be true. Laszlo moved, second by Vanderstaay, to approve the minutes of the March 23, 1981 regular meeting, the March 28 and March 30, 1981 regular adjourned I meetings as presented. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried ITEM 0 - FIRE CHIEF POSITION City Manager, Mr. Parker, clarified the need to fill the position of 39~ 4-13-81 Fire Chief and requested the personnel moratorium be lifted to allow replacement or appointment to that position. Laszlo moved, second by Kredell, to lift the existing personnel moratorium to allow appoint- ment of a replacement for the position of Fire Chief. AYES: Kredell, Laszlo, Supple, Vanderstaay I NOES: None ABSENT: Seitz Motion carried COUNCIL REQUESTS OF THE CITY MANAGER AND REPORTS Councilman Supple referred to a notfce received from the city's grants acquisi tion firm, I. S. I., regarding neighborhood statistics program and suggested application be m,ade for that data. The City Manager responded that the application had been submitted. Councilman Laszlo presented a resolution requesting th~ Orange County Board of Supervisors appoint a representative from Seal Beach to the Advisory Committee to General Aviation Site Selection Study. Councilman Supple stated he had a representative to that Committee in mind from the Leisure World area with an extensive background in this field and requested an opportunity I to make the a~pointment if authorized by the Board of Supervisors. RESOLUTION NUMBER 3057 - ADVISORY COMMITTEE - GENERAL AVIATION SITE SELECTION STUDY Resolution Number 3057 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO APPOINT A REPRESENTATIVE FROM THE CITY OF SEAL BEACH TO THE ADVISORY COMMITTEE TO THE GENERAL AVIATION SITE SELECTION STUDY." By unanimous consent, full reading of Resolution Number 3057 was waived. Laszlo moved, second by'Kredell, to adopt Resolution Number 3057 as presented. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried ' I Mayor Kredell inquired about trees down on the Pacific Coast Highway median islands; the City Engineer reported the contractor will replace the trees as they become available and reported further that trees were not allowed to be planted in certain medians due to Ca1 Trans restrictions. Mayor Kredell suggested maintenance of parkways be charged 4-13-81 395 to the gas tax account; the City Manager responded that matter is under discussion. Mr. Kredell expressed appreciation to the Public Works Department for removal of the beach sand berm. ORAL COMMUNICATIONS I There were no oral communications from the audience. CLOSED LEGAL SESSION It was the order of the Chair with consent of the Council to adjourn to Closed Legal Session at 9:58 p.m. The meeting reconvened at 10:12 p.m. with Mayor Kredell calling the meeting to order and reported the Council had discussed legal matters. ADJOURNMENT Laszlo moved, second by Supple, to adjourn the meeting at 10:13 p.m. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried I lerk and ex-offic1o lerk Seal Beach City Counc11 Attest: I