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HomeMy WebLinkAboutCC Min 1995-10-30 I I I 10-9-95 / 10/23/95 / 10-30-95 Approved: of the Attest: Seal Beach, California October 23, 1995 NOTICE IS HEREBY GIVEN that the regular city Council meeting of October 23, 1995 is hereby cancelled pursuant to the direction of the city Council and adjourned to Monday, October 30th, 1995 at 6:30 p.m. ~J;w..7I?(~~ C y Clerk , / Seal Beach, California October 30, 1995 The city Council of the city of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL ("lIT.T. Present: Mayor Hastings Councilmembers Brown, Doane, Forsythe, Laszlo Absent: None Also present: Mr. Whittenberg, Acting city Manager/Director of Development Services Mr. Barrow, City Attorney Mrs. Yeo, city Clerk APPROVAL OF AGENDA The Acting city Manager requested that Item "D", proposed Ordinance Number 1398 adopting by reference the 1994 Uniform Fire Code, be removed from consideration at this meeting to allow minor modifications by the City Attorney's office. The City Attorney noted that the Council had been provided with a revised copy of Item "F", a second recital having been added to proposed Ordinance Number 1399. Forsythe moved, second by Brown, to approve the order of the agenda as revised. 10-30-95 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried Mayor Hastings asked that Oral Communications be heard prior to the Closed Session to allow a member of the audience to address the council. ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Rene Bolin, 1101 Seal Way, stated he and his wife have planned to remodel their residence and after a survey of the property was done their plans were discussed with the Planning Department at which time they were informed that based upon a Planning Commission policy statement resolution they could remodel up to thirty-five feet on the last half of their dwelling. He said their plans were drawn and submitted for plan check, then a call was received from the Planning Department advising that the Council had determined to allow only twenty-five feet on lots the size of his, to which heexplained that the plans are for a Cape Cod style home with a pitched roof basically for the sake of aesthetics, and their request is for only a few feet over twenty-five feet. Mayor Hastings inquired if the pitched roof line was part of the original plans or was it modified later, and if so was it approved in the original plans. Mr. Bolin said the roof line was part of the original plans based upon the policy statement of the Commission that would allow up to thirty-five feet. The Director of Development Services acknowledged that staff had met with the BOlins, stated their plans had been submitted based upon the 1986 Planning Commission policy statement as their lot is just slightly less than 37.5 feet in width and under the policy would be considered to be 37.5 feet, however since the property is nonconforming the addition, irregardless of whether there was to be the additional height, was required to be considered by the Planning commission as a minor plan review. He explained further that the Commission did not consider this minor plan review, rather determined to wait until after Council consideration of the Zone Text Amendment to adopt the 1986 policy statement as an ordinance, and upon the Council action to not adopt the Text Amendment this applicant was then placed in the position of having to comply with the twenty-five foot height limit where his plan had been to construct the pitched roof to about twenty- eight feet even though the structure itself is only two stories. The'Director noted that subsequent to the action of the Council alternatives were proposed to the applicant in an attempt to reduce the height of the addition to the required twenty-five feet yet not lose the effect that was being sought, and that he was uncertain if Mr. Bolin had met with his architect to discuss other alternatives. He suggested that staff meet with Mr. Bolin once again and then place an item on the next agenda to address the issues relating to this property in more detail and any agreement that may be reached with the applicant by that time. Mr. Bolin stated his architect is on vacation, that he saw no need to meet with him at this point, and his preference would be to schedule this matter as an agenda item for November 13th. The city Attorney advised that if no agreement is forthcoming of this matter there may be need to submit this issue to the Planning Commission for consideration of a variance. Mayor Hastings noted that a report from staff will be scheduled for the November 13th meeting. There being no further comments, Mayor Hastings declared Oral Communications closed. CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session pursuant to Government Code Section 54957 to discuss the items identified on the agenda, Public Employee Employment/Performance Evaluation relating to the City Manager, I I I I I I . ...... ~ . '. 10-30-95 Assistant to the city Manager, and Director of Parks and Recreation. It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 6:43 p.m. The Council reconvened at 7:28 p.m. with Mayor Hastings calling the meeting to order. The City Attorney reported the Council had discussed the items identified on the agenda, the Council gave direction with respect to the City Manager employment agreement and another listed item, and no other action was taken. The City Attorney reported a favorable decision in the Wetlands case, their attorney, Jonathan Lehrer-Graiwer, was seeking an award of attorney fees, the Court of Appeals affirmed the judgment of the trial court which had awarded $40,000 against Mola Development, the attorney was seeking a like or greater amount from the City however the court ruled that the City would not be required to pay. COUNCIL ITEMS There were no Council Items presented. CONSENT CALENDAR - ITEMS "A" thru "F" Brown moved, second by Laszlo, to approve the recommended action for items on the Consent Calendar as presented, except for Item "D", removed from consideration at this time. A. 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 unless s~ecific request is made at that time for the reading of such ordinance or resolution. B. Approved regular demands numbered 10548 through 10709 in the amount of $832,577.78, p~yroll demands numbered 13912 through 14286 in the amount of 565,676.31, and authorized warrants to be drawn on the Treasury for same. C. Received and filed the memorandum re~esting that hearings be initiated to consider an amendment to the Code which would prohibit new third stories in the medium and high density zones of Old Town, an1 to consider a discretionary review process to allow certain roof treatments above the proposed twenty-five foot height limit. E. Ratified the City Manager Employment Agreement. F. Approved the introduction and first reading of Ordinance Number 1399 "AN ORDINANCE OF THE CITY OF SEAL BEACH ABOLISHING THE POSITION OF DIRECTOR OF RE'::REATION AND PARKS AND AMENDING CHAPTER 16 OF THE CODE OF THE CITY OF SEAL BEACH" and passed same to second reading. By unanimous consent, full reading of Ordinance Number 1399 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried 10-30-95 PUBLIC HEARING - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - YEAR XXII Mayor Hastings declared the public hearing open to consider recommended projects for the Community Development Block Grant Program, Year XXII. The City Clerk certified that notice of the public hear had been advertised as required by law, continued from the scheduled hearing date of October 23rd until this date, I and reported no communications received relating to this item. The Director of Development Services presented the staff report, and noted that the Citizens Participation Committee had met on two occasions to review and discuss projects for Year XXII H/CD funding, the result being the nine projects submitted for consideration. The Director pointed out that this item is presented for Council consideration at this meeting as the projects must be submitted to the County by November 1st. Mayor Hastings made reference to the $100,00 request for resurfacing of Old Town streets, to which she stated that more monies need to be appropriated to accomplish the street repairs that are necessary in the downtown area, questioned the resurfacing of the two and three hundred blocks of Seal Beach Boulevard, which she believed had been done within the past ten years, and cited the Seal Beach Boulevard Storm Drain as a priority project. Councilmember Forsythe questioned whether any funding under this program is anticipated to be forthcoming from the County this year. The Director noted that H/CD monies are a pass-through from the federal government, acknowledged that the County could possibly use these funds if their projects can be identified as meeting the federal government criteria, total funding under this Program last year was approximately $85,000. Mayor Hastings invited members of the public wishing to speak to I this item to come to the microphone and state their name and address for the record. Ms. Seretta Fielding, Seal Beach, mentioned that the projects dealing with Seal Beach Boulevard were specifically her recommendations, stated nothing has been done to the two and three hundred blocks during her seventeen year residency nor in the past thirty-five years. There being no further comments, Mayor Hastings declared the pUblic hearing closed. In response to questions posed by Councilman Laszlo, the Director explained that some State funds are available through the SB 821 program for Handicapped Curb/Sidewalk Access, and in prior years some monies have been granted through the H/CD Program to supplement the State funds; recalled that last year's funding of Youth Aftercare was in the area of $20,000; no monies were allocated under the Year XXI program for Housing Rehabilitation as there was a carryover of funds from the prior year; other funding for the 1995/96 year was for Day Care and an alley/water project. Again, with regard to resurfacing of Old Town streets, the Director advised that the Council may have the capability through the capital improvement program to supplement federal monies for resurfacing projects, should those monies be received, or supplement any of the projects listed. As to Measure M monies, the Director stated those monies may be used I only for certain streets, specifically arterials, and it is believed that Seal Beach Boulevard does not qualify. The Mayor recalled that during discussion of improvements for Seal Beach Boulevard there was general agreement that the Boulevard should not be resurfaced until other phases of improvements are completed such as parking, the bicycle route, etc. The Director said one element of delay was to first improve the storm drain system. Ms. Fielding offered that the reference by the Mayor was to provide adequate parking on the Boulevard that would in turn allow individuals on that street to redevelop their properties, the discussion of improvements to the Boulevard I I I 1'1.." " 10-30-95 having commenced some fifteen years ago, and other than Central Avenue the Boulevard is in need of resurfacing more than any other street, particularly as a City entry. Councilman Brown noted his intent to seek a clarification of any FEMA Hazard Mitigation Funds that may become available for flood control purposes prior to an upcoming meeting relating to seasonal rainfall/flooding. Councilmember Forsythe said she felt the order of priority is acceptable at this point and the flooding situation should be resolved before any resurfacing projects, and asked if next year something could be added to the project submittal to be reflective of the reduction of funding from other agencies. The Director responded that the federal government will likely not care what funding sources have been reduced at the state level, however some type of descriptive lanquage could possibly be included in the project descriptions. As to the ability to use an entire H/CD funding on one project, the Director explained that the County has an oversight committee that reviews all requests, recommends a funding level for each particular program to the Board of Supervisors, they then approve a program at a set funding level, 'they also administer the procedures where a funding level can be exceeded by about ten percent, that being the greatest amount of flexibility under this Program. RESOLUTION NUMBER 4415 - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PARTICIPATION - YEAR XXII Resolution Number 4415 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE CITY's PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE (YEAR XXII)." By unanimous consent, full reading of Resolution Number 4415 was waived. Forsythe moved, second by Hastings, to approve the priority order of recommended projects through the adoption of Resolution Number 4415. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CITY MANAGER REPORTS The Acting City Manager noted that a retraction will be run this week to correct the news articles of the past week that reported the Bixby public hearings would commence on November 6th, which has never been the case, rather, they are to start on November 13th. COUNCIL REPORTS Councilman Brown commended the many Founders Days activities, mentioning specifically the masquerade ball and the parade, and passed along for consideration the suggestion of some that there be a Founders Day Celebration every five years rather than each year. Mayor Hastings joined Councilman Brown in his commendation of the Founders Day activities, mentioned also the dedication of the Police Department Community Services Building as being very special. Councilmember Forsythe acknowledged that she and her husband had won a special prize for their costumes at the Masquerade Ball. She reported having spoken with the City Engineer this date regarding the McGaugh School traffic situation, and said although funds could have been allocated to construction of a sidewalk adjacent to the School on Riviera Drive through further observation she did not believe that that would alleviate the situation due to the limited parking on Riviera and the fact that the children will continue to jaywalk and dart through the cars. She said the Engineer will continue to work on this problem, another option to be looked at will be the opening of another side of the School for the purpose of drop-offs, that likely to'be Marlin. Councilman Brown noted a suggestion that Riviera be designated as a one-way street. 10-30-95 Councilmember Forsythe responded that she would be hesitant to have one one-way street in the Hill area, the problem is that three sides of the School is not available for student drop- offs, there is a problem with the bike lane on Bolsa, something would need to be done as far as the retaining wall and a sidewalk on the Marlin side, and offered that once the City Manager assumes his position a meeting can be scheduled with I staff and representatives of the School District to resolve this problem. She acknowledged that there is no protection for the small children that are being dropped off on Riviera now given the number of cars that travel that street and the limited parking, also pointed out that there had once been gates on the Marlin side however they were closed. ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Dr. Rosenman and Mr. Voce, members of the Environmental Quality Control Board, requested that an item be placed on an upcoming agenda with regard to the status of the preparation of a tree policy ordinance, that having been a discussion item of the Board some time back. Mr. Voce offered a happy birthday to the City of Seal Beach and commended Mayor Hastings for her presentation at the Substation dedication. He also reported that Seal Beach was a subject of a television program this past weekend that showed the new visitors viewing platform of the wildlife Refuge at the Naval Weapons Station. He suggested that possibly the station will start to offer weekend tours of the wetlands. Dr. Rosenman noted that some consulting is also taking place with the Weapons Station and the County with regard training programs relating to wetlands. Councilman Brown added that the viewing platform also offers glasses that brings the fine points of the Refuge into I view. Mr. Voce noted that it also provides public information as to the types of wildlife in the Refuge, this facility thought to be an effort of the Navy in conjunction with the U. S. Fish and Wildlife Service. The Mayor asked that a letter be forwarded to Commander Steadly in appreciation of the platform. Ms. Donna MacGuire, Seal Beach, spoke regarding past discussion of the format for the public hearings relating to the Bixby project, to which she objected to the fact that the Bixby representatives have had the opportunity for final comments before the Environmental Quality Control Board, the Planning Commission, and again at the Airport Land Use Commission, rather than the public having the last opportunity to comment. She asked that Bixby be allowed to make their presentation, then their experts, the public should then have the opportunity to speak to their presentation, Bixby then allowed to speak to the public comments, however to allow Bixby to speak last is not fair to the public. She noted that a number of people have taken the time to do considerable research and they want to present their findings and opinions to the Council, again stating that the public needs to have the last opportunity to speak, not Bixby. Ms. MacGuire offered her understanding that the first hearing will be November 13th, the second on November 27th, and inasmuch as many people have sat through the Bixby presentation at the prior meetings, suggested that the 13th be designated for the Bixby presentation and the 27th be reserved I for public presentations, some of which may be longer than five minutes, and for public comments. Ms. MacGuire made reference to a petition that she said had been signed by several hundred people last spring, a significant aspect of that petition being a request for a noise demonstration, the response of Aries Consultants to such request was in the affirmative, and although the cost is several thousand dollars it is felt that such a demonstration is very important given the size of this proposed project and the need for the Council to hear and feel what a 100 plus db noise is like, the single event noise levels just 'one aspect that is going to generate complaints to the Armed Forces I I I ,. 10-30-95 I 11-13-95 Reserve Center, and said this concern is addressed in the new Noise study as well. She asked that this demonstration be scheduled for the 27th meetinq. Councilman Laszlo asked that a copy of the referenced petition be provided to the Council. Mayor Hastinqs asked if any public presentation could be aqendized separately. The City Attorney advised that such presentations do need to be part of the public hearinq process. Councilman Laszlo pointed out that the Council has the ability to establish quidelines for the public hearinqs, includinq time limits, and there has not been a problem with allowinq presentations in the past. Discussion continued. A suqqestion was made that with reqard to a presentation by a qroup of persons that a representative of that qroup be desiqnated to do so, thus eliminatinq repetitive testimony. The City Attorney recalled that in the past a number of rebuttals were allowed from both points of view durinq such hearinqs, there was flexibility in the hearinqs, stated there would be no problem in allowinq Bixby to make their presentation, then the residents, rebuttals for and aqainst, however the applicant is entitled to a final statement under due process, the residents must be qiven a fair opportunity to be heard under due process as well. There appeared to be a consensus of the Council to outline a format for the Bixby hearinqs at the next meetinq prior to the hearinqs commencinq. To Dr.Rosenman's inquiry if the tree ordinance item would be on the next aqenda, Council indicated a desire that it not be, however in the near future. There beinq no further comments from the audience, Mayor Hastinqs declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meetinq until November 13th, 1995 at 6:00 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meetinq was adjourned at 8:20 p.m. Approved: Attest: Seal Beach, California November 13, 1995 The City Council of the City of Seal Beach met in reqular adjourned session at 6:05 p.m. with Mayor Hastinqs callinq the meetinq to order with the Salute to the Flaq. ROLL CALL Present: Mayor Hastinqs Councilmembers Brown, Doane, Forsythe, Laszlo