HomeMy WebLinkAboutCC Min 2003-01-13
12-9-02 / 12-23-02 / 1-13-03
police, and thanked all who helped. with regard to special
event permits of $100, Councilmember Campbell inquired as to
the fee to rent a portion of a park for a birthday party.
The response of staff was that there are separate fees for
rental of City facilities, parks, community centers, etc.,
the specific fee uncertain at this moment.
ADJOURNMENT
The direction of the Council was that the December 23rd
meeting be canceled and adjourned until Monday, January 13th,
2003 at 6:30 p.m. By unanimous consent, the meeting was
adjourned at 11:13 p.m.
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Approved:
Attest:
Seal Beach, California
December 23, 2002
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The regularly scheduled City Council meeting to
this date was canceled by action of the Council
reco nition of the Holiday Season.
be held on
in
it Clerk and
the City of
Seal Beach, California
January 13, 2003
The City Council of the City of Seal Beach met in regular
adjourned session at 6:30 p.m. with Mayor Larson calling the
meeting to order with the Salute to the Flag.
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ROLL CALL
Present:
Mayor Larson
Councilmembers Antos, Campbell, Doane, Yost
Absent:
None
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Also present: Mr. Barrow, City Attorney
Ms. Yeo, City Clerk
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The City Attorney mentioned that this would be the time for
anyone wishing to address the items listed on the agenda to
do so. The Mayor noted that no one spoke to the agenda
items.
CLOSED SESSION
The City Attorney announced that the Council would meet in
Closed Session to discuss the items identified on the agenda,
a conference with legal counsel relating to existing
litigation, wiles versus City of Seal Beach, pursuant to
Government Code Section 54956.9(a), a conference with legal
counsel with regard to existing litigation, Peddicord versus
Linc Housing, pursuant to Government Code Section 54956.9(a),
and a conference with legal counsel relating to one case of
anticipated litigation pursuant to Government Code Section
54956.9(b). By unanimous consent, the Council adjourned to
Closed Session at 6:31 p.m. and reconvened at 7:05 p.m. with
Mayor Larson calling the meeting to order. The City Attorney
reported that the Council met to discuss the items identified
on the agenda, gave direction relating to items A and B, no
further reportable action was taken.
ADJOURNMENT
It was the order of the Chair,
to adjourn the meeting at 7:06
with consent of the Council,
p.m.
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ex-off'cio clerk
Seal Beach
Approved:
Attest:
Seal Beach, California
January 13, 2003
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The City Council of the City of Seal Beach met in regular
session at 7:06 p.m. with Mayor Larson calling the meeting to
order with the Salute to the Flag.
ROLL CALL
Present:
Mayor Larson
Councilmembers Antos, Campbell, Doane, Yost
Absent:
None
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Also present: Ms. Yotsuya, Assistant City Manager
Mr. Barrow, City Attorney
Mr. Whittenberg, Director of Development
Services
Mr. Dancs, Director of Public Works/City
Engineer
Ms. Arends-King, Director of Administrative
Services
Chief Cushman, Lifeguard Department
Mr. Cummins, Associate Planner
Ms. Yeo, City Clerk
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APPROVAL OF AGENDA
Campbell moved, second by Doane, to approve the order of the
agenda as presented.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
ANNOUNCEMENTS
Councilmember Campbell mentioned having retrieved from the
Internet information relating to the State budget called 'the
massive local government bailout of the State budget
problem', that means that the State is going to bail itself
out again on the backs of the cites of California. She also
mentioned a recent news article that reported the budgeted
amounts of the Vehicle License Fee of Orange County cities,
Seal Beach budgeted to receive $3,402,000 and the proposed
cut is $1,743,000, that a substantial amount of money that
the State will take away.
PUBLIC COMMENTS
Mayor Larson declared the Public Comment period to be open.
Ms. Joyce parque, 6th Street, noted that Councilmember
Campbell was the only member of the Council that voted
against the budget, the budget meeting that was to be held in
December did not occur, however what the Council did to the
taxpayers was increase the medical benefits by $55,9lB, gave
the City workers five days off, there are one hundred forty
persons that work for the City, so if there was a skeleton
crew of Police and a few people on call, the workers were
paid over $600,000 to stay home yet the taxpayers in
community had to go to work, therefore if the people do not
want to work here let them work for no pay for those five
days, there are only about ten employees that live in the
City so the other employees were spending the money that the
City gave them in another city to benefit their sales tax.
Ms. Parque stated that she attended the hearing this date
relating to the Trailer Park, questioned why the taxpayers
are paying to defend the former Councilmember with regard to
the Trailer Park since he pleaded guilty to fraud. She said
the judge at the hearing said the speech of the former
councilmember is not protected, his attorney claimed he falls
under the First Amendment, yet he is being sued as an
individual for money he received and, pleaded fraud,
therefore the taxpayers do not need to be defending the
former member of the Council, also, there is no need to have
the attorney appeal the case. The Attorney's office prepared
the Covenants for the Trailer Park, either the attorneys or
the Council have ignored the laws for twenty years, so no
further money should be spent to defend the former
Councilmember, the case will still go on, this City needs to
join the law firm that is representing the Trailer Park
people and filed the lawsuit in order to get the Park back
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under the 1090 Code. She claimed that there are forty people
involved in the lawsuit over the Trailer Park, suing Linc,
Richard Hall, Richard Hall Associates, and the former member
of the Council, they are not suing the City. Ms. parque said
if the City joins the lawsuit and overturns the Trailer Park
venture then the twenty low and moderate income spaces will
be retrieved, she has found five of them, Linc wants them,
and she continues to look for the others. With regard to the
budget, Ms. parque asked how the City will makeup for the
expenditure loss of money when every six months pay increases
and benefits are given. Mr. Paul Jeffers, Trailer Park, said
he too attended the court session this date relating to the
Trailer Park case which involves Linc Housing, Richard Hall,
former Councilman Boyd, and Boyd Perkins LLC, his real estate
firm, the attorney for the City was present to defend the
former Councilman, his understanding was that he would only
be defended as a member of the Council, in court all five
slapp motions were denied, this case will go forward, and he
was surprised also to see the defending attorney here this
evening. Mr. Jeffers said one can say that the Trailer Park
matter was clean however the former member of the Council
pleaded guilty to evading paying taxes, and with the bond
issue, if it is true that the residents will own the Park
when the bonds are paid then they too are avoiding the IRS on
tax issues with regard to the bonds, the intent of the
lawsuit is to determine the truth of what took place with the
Park sale. Mr. Jeffers claimed that the Park residents have
no communication with Linc Housing nor with the
representatives on the Board of Seal Beach Affordable
Housing, there is no reason for that, he would appreciate
having the City get behind the residents rather than fighting
them, help get some communication with Linc Housing and the
Affordable Housing Corporation, just a little help by the
Council and Attorney so that the residents can get some of
the things they were promised would be much appreciated.
There being no further comments, Mayor Larson declared Public
Comments to be closed.
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APPOINTMENT - CABLE COMMUNICATIONS FOUNDATION
Councilman Antos moved to appoint Ms. Margene Walz as the
District One representative to the Seal Beach Cable
Communications Foundation for the unexpired term ending July,
2004. Councilman Yost seconded the motion.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
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CONSENT CALENDAR - ITEMS "B" thru "L"
Councilmembers Antos and Yost requested that Item "L", the
parking citation administration contract, be removed from the
Consent Calendar for separate consideration. Mayor Larson
requested that Item "M" be considered separately yet noted it
was not a consent calendar item. Doane moved, second by
Yost, to approve the recommended action for items on the
Consent Calendar as presented, except for Item "L", removed
for separate consideration.
B. Approved the waiver of 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 the reading of the title unless
specific request is made at that time for
the reading of such ordinance or resolution.
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C. Approved the minutes of the December 9th, 2002
regular adjourned and regular meetings.
D.
Approved regular demands numbered 40182
through 40515 in the amount of $2,637,568.88,
payroll demands numbered 18381 through 18647,
927737, 928902, ADP checks numbered 1394592
through 1394717 in the amount of $505,210.06,
and authorized warrants to be drawn on the
Treasury for same.
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E. Received and filed the Monthly Investment
Report for November, 2002.
F. Denied the claim for damages of James
Morrissey and referred same to the
liability counsel and adjuster;
Denied the claim for loss of consortium
of Diana Morrissey and referred same to
the liability counsel and adjuster;
Denied the claim for damages of Roy
Nielsen and referred same to the liability
counsel and adjuster;
Denied the claim for vehicle damages of
Geico Insurance/Glaser and referred same to
the liability counsel and adjuster;
Denied the claim for damages of Phong V. Duong
and Van Tu Giang Duong and referred same to the
liability counsel and adjuster;
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Denied the claim for vehicle damages of Sister
Samuel Marie Set tar and referred same to the
liability counsel and adjuster; and
Denied the claim for vehicle damages of
Paulette Pattullo and referred same to the
liability counsel and adjuster.
G. Adopted Resolution Number 5096 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH DENYING AN APPLICATION FOR
CONDITIONAL USE PERMIT 02-16 AND HEIGHT
VARIATION 02-5, REQUESTING A MAJOR REMODEL
AND EXPANSION, INCLUDING A COVERED ROOF
ACCESS STRUCTURE THAT WOULD EXCEED THE
HEIGHT LIMIT, AT AN EXISTING NON-CONFORMING
4-UNIT BUILDING AT 1210 ELECTRIC AVENUE."
By unanimous consent, full reading of
Resolution Number 5096 was waived.
H.
Approved lease renewal No. DACA09-l-03-005l,
Department of the Army Lease to Non-State
Government Agencies for Public Park and
Recreational Purposes, Joint Forces Training
Base, Arbor Park, Los Alamitos, Orange County,
California, for a period of twenty-five years,
December 31, 2028. and Res. 5097, Budget Amendment.
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I. Bids were received for the Seal Beach Boulevard
Storm Drain and Bike Lane, Project Number 50025,
until December 11, 2002 at 10:00 a.m. at which
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time they were publicly opened by the City
Clerk as follows:
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Tyner Paving Company
KEC Engineering
Palp, Inc., dba Excel
Paving
Shawnan
KC Construction
Buso Constructors, Inc.
Paulus Engineering, Inc.
$185,610.00
$189,000.00
$222,222.00
$228,724.00
$232,500.00
$243,896.00
$244,000.00
Awarded the bid for Project Number 50025,
Seal Beach Boulevard Storm Drain and Bike
Lane, south of Westminster Avenue, to
Tyner Paving Company in the amount of
$185,610.00, as the lowest responsible
bidder, and authorized the City Manager to
execute the contract on behalf of the City.
J. Received and filed the Sanitary Sewer
Overflow Emergency Response Plan and
authorized the Public Works Department to
submit the Plan to the California Regional
Water Quality Control Board.
K.
Adopted Resolution Number 5098 entitled "A
RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF SEAL BEACH TO ESTABLISH CITY
OF SEAL BEACH COMMUNITY FACILITIES DISTRICT
NO. 2002-02 (SEAL BEACH/LAMPSON AVENUE
LANDSCAPE MAINTENANCE) AND TO AUTHORIZE THE
LEVY OF A SPECIAL TAX WITHIN SUCH DISTRICT."
By unanimous consent, full reading of
Resolution Number 5098 was waived.
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AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
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ITEM "L" - AWARD OF CONTRACT - PARKING CITATION
ADMINISTRATION
Councilman Antos voiced his awareness that this is the same
firm that has administered the parking citations for a number
of years, however also aware that there have been a number of
problems and complaints over time with the firm, to that he
inquired if the City has some type of review process in
place. The Assistant City Manager responded that the Police
Department works directly with Turbo Data when there are
problems, the Finance Director is also present to respond to
any financial related questions, this has been a long term
contract that Turbo Data and the Police Department have
enjoyed, the Department feels comfortable with the majority
of work that the company has done in processing parking
citations.
Yost moved, second by Campbell, to approve the award of the
Parking Citation Administration Contract to Turbo Data
Systems for an initial term of one year with provision for
automatic one year extensions thereafter unless noticed of
termination by either party.
The City Attorney noted that some discussion has continued
between the Police Department and Turbo Data, his firm had
1-13-03
recommended some changes to the language relating to
indemnification and insurance provisions, therefore would
recommend approval of the contract subject to those changes.
The City Attorney described the changes, page three,
paragraph 10, Indemnification, the second from the bottom
line reads "...negligent act or omission", the word
"negligent" is to be deleted thereby Turbo Data will be
responsible for all of their acts, this takes away the issue
as to whether it is negligent or not, paragraph 11 is a
limitation of their liability, the third sentence reads
"neither party shall be liable to the other for any indirect
or consequential losses or damages", the recommendation is to
add the language "due to the errors referenced in this
paragraph 11", that clarifies that paragraph 11 speaks to
just those errors both on the part of the City and Turbo
Data, he mentioned also that Turbo Data is to provide the
standard insurance requirements, that was not in the
agreement therefore the agreement will be modified to provide
for insurance acceptable to the City.
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Yost moved, second by Antos, to approve the parking Citation
Administration contract to Turbo Data Systems, Inc. subject
to the changes as stated by the City Attorney.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
REOUEST FOR PROPOSALS - COUNTY OF ORANGE - LIFEGUARD
SERVICES - SUNSET BEACH
Mayor Larson noted that the recommendation is to authorize
staff to forward a letter of interest to the County of Orange
to provide lifeguard services to Sunset Beach, however with
the dim budget that the City faces for the coming year he
would not want to undertake any other lifeguard work when
there may be discussion of reducing present lifeguard
services, the report indicates that this could be a break-
even situation yet he would presume that the County is
desirous of contracting out the service because they are not
making a profit. He noted that if this item is authorized
that does not mean that the City will engage for lifeguard
services in Sunset Beach as the item will come back to the
Council for consideration. Councilmember Campbell pointed
out that the fiscal impact states that by contracting City
services to other agencies it may offset salaries and
benefits of current personnel as well as provide funds for
the purchase of essential equipment. Mayor Larson countered
that that could be the purchase of equipment that might not
be needed otherwise if there were not the contract.
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The Assistant City Manager reported that the City recently
received an inquiry from the County of Orange requesting
information from cities that may be interested in providing
marine safety and lifeguard services for certain County owned
beaches, that includes Sunset Beach which is immediately
adjacent to the City of Seal Beach. The agencies that would
be interested in participating would contract for a three
year period with a two year renewable option, agencies were
asked to submit a letter of interest. Because one of the
goals and objectives of the Council was to explore the
feasibility of offering City services to other agencies, the
City Manager suggested that this be brought to the Council to
determine if there was an interest in responding to the
request for proposal, the City would send a letter of
interest and based on discussion with the County develop cost
proposals for submittal. She mentioned that the Chief of
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Lifeguards was present to answer questions regarding
potential expenses yet it is believed this is not at a stage
where hard numbers have been worked up, at this point it is
basically to determine if there is an interest in exploring
this issue. The Lifeguard Chief confirmed that the City
responded to a request for proposals in year 2000, the
proposal was for all of the beaches from Sunset Beach to San
Clemente, noted that when a response to an RFP was done in
1995 the other firm was undercut by Seal Beach by $100,000
for the Sunset Beach area, at that time the County was going
through bankruptcy yet at the time they had been with Ocean
Safety for a number of years and decided to stay with that
contract. His belief is that the County is looking for a
somewhat stronger lifeguard service, there may be more
dollars available to the City to pursue this, he has spoken
with other agencies to take over other portions of the beach,
as an example, Newport may have interest in the Santa Ana
River mouth, Laguna may be interested as may San Clemente.
The Chief mentioned that the letter would merely indicate the
City's interest, determine some acceptable costs, this could
also offset costs for permanent personnel, nothing would be
given away as there would be costs incurred. In response to
Council the Chief noted that in the 1960's Huntington Beach
did have the Sunset Beach contract, that was before the State
was in Bolsa Chica, there was then Lifeguard International
that serviced the area for about five years and then U.S.
Ocean Safety took over. Councilman Yost inquired if this
would be revenue positive, neutral, or negative, the response
of the Chief was that he would not go into a contract unless
it is a positive so that it will offset some current costs.
Councilman Antos said he would not object to submitting a
letter of interest however it needs to be understood that the
budget will need to be looked at again soon based upon what
has and will likely continue to happen at the State level, if
this were to be done there can be no cost to the taxpayers of
Seal Beach, at this point he would not object to a letter
proposal and then see what happens. The Chief offered that
should such a contract come together it would need to be on a
calendar year basis, he could not be prepared on a fiscal
year basis at this point, therefore it would not be in effect
until next year. Councilman Yost said when costs are
calculated for something like this there would be an increase
of full time personnel and inquired if costs for such things
as disabilities, retirement and other such payments would be
taken into consideration, the response of the Chief was that
all factors will be considered, should such a contract be let
and in five years be terminated there would be more full time
staff than needed, again, all factors will be taken into
account. Councilmember Campbell asked if this would allow
the department to retain some employees that might be
considered to be eliminated because of budget constraints.
The Chief pointed out that there are only two full time
lifeguards, all others are part time, in fact two lifeguards
were lost this day to a fire department position and the
private sector, guards come and go all the time.
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Councilman Doane moved to authorize the City Manager to allow
the Lifeguard Chief to send a letter of interest to the
County of Orange in response to the request for proposal to
provide lifeguard services for Sunset Beach. Councilman Yost
seconded the motion.
AYES:
NOES:
Antos, Campbell, Doane, Yost
Larson Motion carried
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Mayor Larson stated he would like to explore turning the
entire beach back to the state, possibly that could be
discussed during budget considerations.
PUBLIC HEARING - ZONE TEXT AMENDMENT 02-1 / ORDINANCE NUMBER
1493 - RETAINING WALLS
Mayor Larson declared the public hearing open to consider
Zone Text Amendment 02-1 relating to retaining walls. The
City Clerk certified that notice of the public hearing had
been advertised as required by law, and reported no
communications received relating to this item. The Associate
Planner presented the staff report, explained that the Zone
Text Amendment is proposed to amend the zoning Code to
address retaining walls within the City, this issue came to
attention last fall and it was realized that there were no
specific provisions relating to height of retaining walls,
there were only provisions relating to the height of fences,
what is before the Council is the result of three study
sessions with the Planning Commission, in October the
Commission voted to recommend the ZTA proposed. The planner
noted that there are standards that apply to all properties
in the City, there are also two separate areas that have
unique characteristics, the sloped sideyards of properties on
the Gold Coast adjacent to the stub streets and the rear
yards of the properties that abut Gum Grove Park and the
Hellman property. With regard to the proposed citywide
standards any retaining wall of up to thirty inches in height
would be allowed by right, therefore in the case of having to
retain less than thirty inches of earth the property owner
would be able to obtain a building permit over the counter, a
retaining wall of more than thirty inches would require a
minor plan review, a consent calendar item before the
Planning Commission. The proposed citywide stardards are
that any retaining wall between thirty inches and four feet
be permitted subject to the minor plan review and analyzed
individually, for a wall. taller than four feet there would be
a step-in of landscaped buffer, staff continues to recommend
allowing a fence of forty-two inches in the front yard area,
which is what the fence provisions currently allow, therefore
one would still be allowed to build a fence on top of a
retaining wall subject to the maximum fence height
requirements once there is the new grade from the retaining
wall. The Planner noted that it is proposed that a fence/
retaining wall combination be no higher than ten feet,
example would be a four foot retaining wall and a six foot
high fence, the standard maximum fence height in most areas
of the City, in that case a landscaped buffer would still be
required in between the retaining wall and the fence, it is
felt the greenery would help to break up the facade of
possibly a six foot block wall. The Planner stated that any
retaining wall tall enough to require a guardrail under the
Building Code would be a requirement, it is believed that is
about thirty-six inches, the language is that it be as
required by the UBC, an example would that be a thirty to
forty foot front retaining wall would be required to have a
guardrail to avoid someone falling from it. He noted that
all pre-existing retaining wall/fence combos would be
grandfathered. With regard to the Ocean Avenue properties
along the stub streets staff would recommend a minor plan
review for any retaining wall taller than thirty inches and
that automatic sprinklers be installed with a two foot
landscaped area, also, it is recommended that no retaining
walls be allowed in the rear ninety-six foot area, the area
between the utility line easement and the rear property line.
The only difference with regard to the rear yards abutting
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Gum Grove park and the citywide standard is that the maximum
height of retaining walls be six feet rather than four feet
in between landscaped buffer areas, the reason being that the
slope in that area is quite substantial in some situations,
with a three foot rather than two foot landscaped buffer.
The Planner showed photographs of existing walls, fences,
landscaping, etc.
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Councilman Yost noted that the Council recently adopted a
grading ordinance and asked if the proposed retaining wall
provisions are compliant with the grading ordinance, in other
words if the grades of properties are set within a certain
range one could not construct a retaining wall to raise the
grade of a property above the norm. The Planner stated that
the proposed ordinance is in conformance with the recently
adopted grading ordinance, new soil can not be 'imported, yet
existing soil could be retained, also, confirmed that College
Park East and West would also be subject to the citywide
standards. Councilman Antos said he had a couple of safety
issue concerns with regard to block walls with greenery,
setbacks and stepbacks for aesthetic purposes, possibly
placing the City at risk. He noted that there is a Code
requirement for a minimum six foot block wall measured on the
outside of swimming pools, he is aware of situations in the
City, including the Gold Coast, where there are not six foot
high block walls, however if one were to construct a
retaining wall the six feet could be realized measured from
the outside, with swimming pools the problem is not with the
people on the property where the swimming pool exists, it is
the attractive nuisance from the outside, with the
requirement for a two or three foot setback from the wall the
block wall above the retaining wall then could serve as a
ladder for persons from the outside. Councilman Antos said
the last thing he would want is to have a child from outside
the property found drowned in a pool, entering the property
because of the attractive nuisance by climbing up from the
setback, safety is well above aesthetics. The Planner
responded that the step that is being suggested would not
preclude the UBC requirement for a six foot high wall around
swimming pools, therefore where the natural grade of a
property is at a certain level and earth needs to be retained
the UBC requirement for a six foot high wall would still be
in effect from that point up, example would be if there were
a four foot retaining wall on the outside with a six foot UBC
required wall on top of that it would become a ten foot wall,
therefore essentially by stepping it in there could be a four
foot wall that someone could crawl up yet there would still
be the six foot wall that protects the outside from the
swimming pool, with regard to the Gold Coast there is no
proposal to allow retaining walls at all therefore the UBC
mandated wall requirement would prevail. The Planner
explained that as far as requiring the proper height for
safety from swimming pools, this ordinance does not create a
situation where one would not be required to build a wall
tall enough to meet the building concerns. Councilman Antos
asked if there could be something in this ordinance as a
disclaimer which states that in no case does the retaining
wall requirement supercede the safety requirements dealing
with pool fences, again the pool fence requirement is six
feet high measured from the outside, he also cited an example
of a pool on the Gold Coast where the wall was not six feet
measured from the outside thus a child on the beach could
climb the wall and end up in the pool, again expressing his
concern with safety. Councilman Yost too inquired if a
clause could be added whereby this ordinance does not
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supercede the UBC requirements for fencing surrounding
swimming pools. Councilman Antos agreed provided that it
requires that the most restrictive safety requirements apply.
The Planner noted that typically the Zoning Code is more
conceptual, it provides provisions as to how tall something
can be, the Building Code then assumes something built .
correctly, the provisions being discussed then are in the
Building Code, being acceptable under the Zoning Code does
not preclude one from having to meet Building Code
obligations. The City Attorney agreed that a 5th section
could be added to the ordinance to address that issue.
Councilmember Campbell noted that along the south side of
Lampson Avenue from Candleberry to the easterly City boundary
the wall has been in place for thirty-five to forty years, at
some point it will need to be replaced. Councilmember
Campbell mentioned that she lives adjacent to the wall, and
after years of observing persons walking along the Lampson
sidewalk she discovered that the Lampson sidewalk is
approximately a foot and a half higher than the grade of her
rear yard, part of the wall is a retaining wall and once it
reaches the sidewalk it is a block wall. She noted that when
Rossmoor replaced their exterior wall they constructed a
generic block wall and faced it with the bricks .from their
original signature wall, the bricks having come from the
sugar beet factory, they also raised the height of the wall,
and when the Lampson Avenue wall is replaced it too should be
raised in height, would that be possible under this
ordinance, that wall also has no rebar. The Planner
responded that the issue under discussion is just the portion
of the yard that is being retained, the height of the wall
above the sidewalk falls under the fence code provisions
where the maximum height is presently six feet, the Council
could, at their discretion, look at the provisions of the
fence codes at some point in time.
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Mayor Larson
address this
themselves.
Mayor Larson
invited members of the audience wishing to
item to come to the microphone and identify
No member of the audience spoke to the item,
declared the public hearing closed.
The City Attorney suggested afifth section added to the
proposed Ordinance to read "In'no case shall any provision of
this ordinance supercede, limit, restrict, or effect the
requirements required by the Uniform Building Code."
The City Attorney read the title of Ordinance Number 1493,
"AN ORDINANCE OF THE CITY OF SEAL BEACH REGARDING RETAINING
WALLS AND AMENDING CHAPTER 28 OF THE CODE OF THE CITY OF SEAL
BEACH." By unanimous consent, full reading of Ordinance
Number 1493 was waived. Yost moved, second by Antos, to
approve the introduction and first reading of Ordinance
Number 1493 as amended.
AYES:
NOES:
Antos, Campbell, Doane, Larson, Yost
None Motion carried
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CITY ATTORNEY REPORT
No report was presented.
CITY MANAGER REPORT
No report was presented.
COUNCIL COMMENTS
Given the news reports relating to the State budget and the
impacts that will be known shortly, Councilman Antos noted
1-13-03 / 1-27-03
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that the Council needs to give thought to setting aside time
for budget modification sessions to determine what the
implications of the State budget will have and what the City
will need to do. Councilman Yost agreed. Mayor Larson
mentioned having received letters from McAuliffe School
students, one wants the beach cleaned up, another wants more
signs when the beach is polluted, the Council will need to
communicate to them what the City does and possible inform
them of the beach cleanup programs. Mayor Larson noted
having received letters from Leisure World residents as well
that do not want parking meters yet suggest a two story
parking structure, more restrooms in the downtown area and on
the greenbelt, and that the police make more arrests for u-
turns on Main Street. These communications illustrate the
difficulties that the Council has in making decisions that
are equitable throughout the community.
CLOSED SESSION
No Closed Session was held.
ADJOURNMENT
By unanimous consent, the Council adjourned the meeting until
Monday, January 27th at 6:00 p.m. to hold a workshop session
relating to the Municipal Code revisions and meet in Closed
Session if deemed necessary. It was the order of the Chair,
with consent of the Council, to adjourn the meeting at 7:54
p.m.
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Approved:
~-/}~ ~
Mayor
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Ci ty Clerk /
Attest:
Seal Beach, California
January 27, 2003
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The City Council of the City of Seal Beach met in regular
adjourned session at 6:08 p.m. with Mayor Larson calling the
meeting to order with the Salute to the Flag.
ROLL CALL
Present:
Mayor Larson
Councilmembers Antos, Campbell
Absent:
Councilmembers Doane, Yost
Larson moved, second by Antos, to excuse the absence of
Councilman Doane from this meeting.