Loading...
HomeMy WebLinkAboutCC Min 1991-04-08 4-8-91/4-8-91 Seal Beach, California April 8, 1991 NOTICE IS HEREBY GIVEN that the regular council meeting scheduled for 6:15 p.m. session was cancelled. adjourned City to meet in Closed I , AT : THI7ri-..dfY ~~ril, ne M~~;'~erk y of Seal Beach 1991. Seal Beach, California April 8, 1991 The city council of the City of Seal Beach met in regular - session at 7:05 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Forsythe, Hastings, Hunt, Laszlo Absent: None I Also present: Mr. Archibold, Acting city Manager Mr. Barrow, Assistant city Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, city Clerk WAIVER OF FULL READING Laszlo moved, second by Hastings, to waive the 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 reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried PRESENTATION - ORANGE COUNTY FIRE DEPARTMENT Mr. O. F. Husoe, Division Chief, Orange County Fire Marshall, noted the Council had been provided with a report on fire sprinklers prepared by Orange county Fire Department staff, and spoke briefly regarding the benefits to life and property of fire sprinklers and smoke detectors. Chief Husoe reported the cost of sprinkler installation for new I construction could vary between $.70 to $2.50 dependent upon the type of system, that retrofitting could range between fifty to one hundred percent more, also that discounts for sprinkler systems are offered by various insurance carriers. He cited a case study of Disney World in Florida where sprinklers and smoke detectors were required, the Center accommodating over two hundred thousand guests and employees, with approximately thirteen thousand dwelling units, and during a period of fifteen years there were no fire fatalities, the annual average loss was $5,000, with fires extinguished by two or less sprinkler heads. Chief 4-8-91 I Husoe stated the greatest concern lies with elderly and young persons because they have the least opportunity to escape a fire situation. He explained that state law does not require sprinklers for residential structures with the exception of apartment buildings of more than fifteen units and three stories, that cities and counties are allowed to impose more stringent regulations than imposed by state law, however that decision is left to the local agency. The Chief pointed out that a significant. reduction of fire fighting costs is realized with sprinkler installations, noted that sprinkler failure ratio is about one in sixteen million, they are equipped with test valves, and there is"a new residential unit that has a more than fifty year life. He said either the developer or homeowner would be responsible for connection costs. Chief Husoe confirmed the opinion of the Department that sprinklers are a good investment, particularly for new construction, that although retrofit is preferred, it does impose a cost upon the homeowner, that cost basically dependent upon the type of structure. with regard to the options contained in the Report, he acknowledged their desire to report to the Board of Supervisors that the City is looking at some implementation of the recommendations. . He noted also a benefit of sprinkler systems is that they utilize approximately one thousand gallons of water per minute as opposed to fire flow of two thousand gallons, which reduces the required size of water mains. The Director of Development Services reported City Code presently requires sprinklers for all new residential construction, also retrofit for an addition exceeding fifty percent of the existing floor area and total livable area in excess of three thousand six hundred square feet. Chief Husoe was thanked for his presentation. I PROCLAMATIONS Mayor Wilson proclaimed April 24, 1991 as "Federation Day." The Mayor proclaimed April 20, 1991 as "Health Fair Expo Day," sponsored by the Rossmoor Shopping Center. The week of May 11th through May 15th, 1991 was proclaimed "Hire A Veteran Week" by Mayor Wilson. AGENDA AMENDED Laszlo moved, second by Hastings, to consider Item "F" out' of order at this time. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried I ITEM "F" - GRAD NIGHT and MISS SEAL BEACH PAGEANT - FUNDING REOUESTS The Acting City Manager reported the city had allocated $1000 to the Miss Seal Beach pageant and $500 to Grad Night in 1990, and if approved, suggested the allocation be from General Fund Reserves to the Non-Departmental Account. There was a suggestion that such allocation be from unexpended city Council travel and meeting expense funds, or the amount be reduced. The Acting city Manager reported approximately $4000 remains in the Council travel and meeting account. Although the benefit of both events was recognized, concern was expressed as to the budget outlook overall as it related to any contribution. Forsythe moved, second by Hastings, to authorize a $500 expenditure for each event from the Council training and meeting expense account. A preference was voiced that the monies be taken from the General Fund rather than from the Council account. 4-8-91 AYES: NOES: Forsythe, Hastings, Laszlo, Wilson Hunt Motion carried Mr. Mike Osborne, Chairman of the Miss Seal Beach Pageant, expressed appreciation to the Council, stated the intent of the Pageant Committee is to enter Miss Seal Beach in the Miss California Pageant, and introduced five of the thirteen Miss Seal Beach contestants. Mr. Osborne invited the Council to attend and participate in the Pageant finals on April 20th at McGaugh School. ORAL COMMUNICATIONS Mayor Wilson declared Oral Communications open. Mr. Pete LeBas noted his ownership of LeBas Limousines in Seal Beach since 1988, and stated when he recently came to the City for new business licenses he was informed the previous licenses had been issued under an incorrect section of the Code and should be $100 per vehicle or $500 for his five vehicles. He objected to the amount and requested that this matter be placed on the following agenda for consideration. In response to Council, staff explained that the reference was to a business license fee for certain types of vehicles operating within the City and had no relation to in-lieu parking. Councilmember Hastings referred to the in-lieu parking program where on-site parking could not be provided, reported receiving complaints of vehicles parking and impacting residential neighborhoods, and inquired if Mr. LeBas had on-site parking for his vehicles. Mr. LeBas responded that he did have on-site parking however the vehicles are often parked to the front of the Seal Beach Boulevard property, also stated he has not been asked to refrain from parking on the Boulevard adjacent to the Weapons Station entrance. Councilmember Forsythe requested a report be forthcoming from staff regarding this matter for Council consideration. Discussion continued with members of the Council inquiring as to the reasoning for the fees being established in this manner for this type of business. Hastings moved, second by Laszlo, to direct the staff to research this matter and report to the Council. I I AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried Ms. Carla Watson, Seal Beach, expressed her objection to the impact on a small town by an out-of-town developer, their _ consultant, and attorneys, and two members of the Council filing a legal action against the other three members. She recounted the court hearing on the initial writ filed on the wording of the ballot arguments, the judge having advised the attorneys of interest to reach a settlement, which they worked towards throughout the day, claimed that the attorney representing the two Council members had agreed to compromise wording however was then allegedly advised not to do so. Ms. Watson reported neither Mayor Wilson, Councilman Hunt, Mola Development or their public relations firm had been present, however the legal action of those two councilmembers was released to the press before anyone knew it existed. Councilman Laszlo reported having a copy of the lawsuit filed against the City Clerk and Councilmembers Forsythe, Laszlo, and Hastings. Ms. Betty Cheevers, Leisure World, read a letter submitted for the record from Helen and Allan Potepan objecting to that legal action, describing same as pressure politics at its worst. The letter was also signed by Tilly Silas, Frank Ellsworth, Mary Warner, Betty Cheevers and Lionel Okin. Mr. Gordon Shanks, 215 Surf Place, said he had attended the court session where the first action of the Mola attorneys was to challenge the I 4-8-91 I judge, another judge was selected and worked with the attorneys throughout the day to resolve the wording changes of the ballot arguments, yet to no avail. Mr. Shanks said this shows a policy of the developer to prolong the issue, the result being increased attorney fees, and suggested that all members of the Council should be working together to reach a resolution of the ballot argument wording and go forward with the election. Ms. Jane McCloud, 700 Balboa Drive, passed along thoughts of a friend, Ms. Myra Romera, 517 Rivera Drive, that the citizens had voted the members of the Council into office to serve to the best of their ability, that they had studied the plan, voted the way they felt to be right, and that the law firm that threatened a lawsuit if the initiative were not placed on the ballot is the same firm representing the Mayor and Councilman Hunt. Ms. Romera raised objection to the appearance of the support by the councilmembers for the Mola Initiative, and demanded return of City government by and for the citizens of the community. Mr. John Nakagawa, 12th street, said although he had nothing against the Miss Seal Beach Pageant, he had hoped there would be a greater focus on a criteria of academics, extra curricular activities and community service rather than outward appearance of the contestants. He objected to the names of the Mayor and Councilman Hunt appearing on the letterhead of the Initiative committee, also said the claim that there will be one thousand less traffic trips per day is misleading, that those trips will actually be diverted from Bolsa Avenue to streets adjacent to the development, voiced concern with the developer having spent more than $94,000 on the Initiative thus far where the citizens have spent less than $800, objected also to the tactics of the developer to have the election date set, making offers ranging from a contribution of $50,000 to a lawsuit. There being no further comments, Mayor Wilson declared Oral Communications closed. I Councilman Hunt asked for an opportunity to respond to certain public comments. Discussion followed. Councilman Laszlo moved to allow Council Concerns at this time. There was no second and the motion was withdrawn. Councilmember Hastings moved to follow the agenda format as listed. The motion failed for lack of a second and no further action was taken. CONSULTANT SERVICES - BIXBY RANCH COMPANY APPLICATION Councilman Laszlo requested that this item be held over for additional information, noting also that he would be meeting with the Bixby Company in the near future. Councilman Hunt left the meeting at 8:06 p.m. Laszlo moved, second by Hastings, to hold over consideration of retaining existing consultant services for the Bixby Ranch Company application until the next meeting. I AYES: NOES: ABSENT: Forsythe, Hastings, Laszlo Wilson None Hunt Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:07 p.m. The council reconvened at 8:18 p.m. with Mayor Wilson calling the meeting to order. SEAL BEACH CABLE FOUNDATION - COMPENSATION councilman Hunt requested that consideration be given to authorizing a compensation for members of the Seal Beach 4-8-91 Cable Foundation, possibly an amount between $30 to $40 pe~ meeting, as a recognition of their services to the community. He said he believed the cable fund was about $300,000, is meant to be used for cable oriented functions, and it was his understanding that this would be a legal expenditure of those funds. Councilman Laszlo asked that I staff inquire as to what other cities are doing in this regard, determine the amount of time spent for preparation and attendance at meetings by the members, that the opinions of the Cable Foundation appointees be sought, and that a report be forthcoming for council consideration. There were no objections to the requests. BUSINESS IMPROVEMENT COMMITTEE The Acting city Manager read a letter from the Seal Beach Chamber of Commerce requesting that the Ad Hoc Retail , committee be disbanded, that a Business Advisory Committee be established to consist of five members appointed by the Chamber, one business owner having a minimum of five years retail experience appointed by each member of the Council, and the Director of Development Services appointed as committee Chairman, the letter also outlining the tasks of the Committee as perceived by the Chamber. Wilson moved, second by Laszlo, to disband the Ad Hoc Retail Committee. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried The City Attorney advised that it would not be appropriate I for a department head to Chair the Committee, and the Acting City Manager stated a staff member is generally made available to provide assistance to committees. Councilmember Hastings suggested that since the Chamber President was not present that this item be held over, and requested information regarding Chamber membership, whether the Chamber is comprised of only Seal Beach businesses, and the reason why the Chamber feels they can represent the entire seven hundred seventy-three business licensees since there were only one hundred twenty-six responses to their survey, of which more than thirty percent were members of the Chamber. She inquired how this would affect various businesses, as an example, apartment owners having four or more units that are required to obtain a business license. There were comments made that between fifty to seventy percent of the businesses favor the proposed Chamber program, that there would be no cost to the City, and that the committee, once formed, would have the opportunity to solicit further input from the business community. Councilmember Forsythe indicated support for an organization that would be available to the businesses in the community, however suggested that the Committee membership be modified to something less than five members appointed by the Chamber, with the Council having the option to appoint business persons who may likewise be a Chamber member. 'I Councilman Laszlo stated his understanding that the Chamber is desirous of placing a fee on business licenses in an effort to accumulate funds for the purpose of conducting a marketing study, that prior to supporting their pr9posal he wanted assurance that the business community supports the proposal. He suggested that the City distribute a survey to the business community seeking their opinion, and that a public hearing would be favored. He said he would like information as to whether the additional assessment would effect retail only, the size of the retail business, and that he could possibly support a Committee with no more than I I I .~... 4-8-91 two Chamber appointed members. Councilman Hunt indicated support for the reduction of Chamber members and moving forward to establish the Committee, and pointed out thus far there has been an inability to create a business climate that would increase retail sales tax in the community and the Chamber is merely seeking endorsement of a proposed program that could be beneficial to the Chamber and City alike. Councilmember Hastings objected to the assessment being a mandatory fee with the City becoming the collector and the enforcer. Councilmember Forsythe again expressed support for establishing a Business Advisory committee, also for a city survey to determine the opinion of the business community to tax themselves, and noted her dissatisfaction with the number of responses to the Chamber survey. Councilman Laszlo offered that the Committee could suggest surve~ wording provided that the Council reviews and approves of same prior to distribution. Discussion continued. Hunt moved, second by wilson, to forward a positive response to the Chamber request to establish a Business Advisory Committee, that the Chamber be allowed two appointments, that the Director of Development Services or designee provide staff assistance in a non-voting capacity and report any pertinent information relative to a survey to the City Council for consideration, and that City Council appointments of business owners be required to merely have business experience rather than the proposed minimum of five years retail experience. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried JULY 4th FIREWORKS The Acting City Manager presented the staff report, noted that the City has been requested to commit $4,500 plus labor to the tri-city fireworks show, the costs divided equally between the cities of Cypress, Los Alamitos, and Seal Beach, and the Rossmoor community Service District contributing $3,500. He reported there have been no indications from community organizations to organize a local 4th of July celebration, and that preliminary estimate for a local fireworks show similar to the 75th Anniversary celebration is $12,000. Laszlo moved, second by Forsythe, to participate in the 1991 Fourth Annual Tri-City Fireworks Celebration, and that there be an appropriation not to exceed $3,500 plus labor to this event. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried EARTHOUAKE PREPAREDNESS April being "Earthquake Preparedness Month", Councilmember Forsythe suggested that citizens of the community inspect their residence to determine what could pose a hazard in the event of an earthquake. She pointed out that telephone books contain a section on safety tips, and suggested one might consider bolting heavy furniture to the walls, securing wall hangings with wire, bolting the water heater to garage studs, become familiar with the gas meter and keep a turn-off wrench in an accessible location, that camping equipment or a recreational vehicle is ideal for storage of foods, additional water, and various supplies that would be valuable in the event of an earthquake. She added that if one is in a mall at the time of such occurrence, shelter should be sought at the rear of the nearest store, also that children should be shown what to do in the event of a quake, and pets should not be forgotten. 4-8-91 APPOINTMENT - DEPARTMENT OF WATER and POWER ADVISORY COMMITTEE Councilman Laszlo requested that the District Four appointment to the Department of Water and Power Advisory committee be held over. CONSENT CALENDAR - ITEMS "L" thru liS" Mayor Wilson requested that Item "R" be removed from the Consent Calendar, Councilmember Forsythe requested Item "N" removed, Councilmember Hastings requested Item "L" removed, and the Acting City Manager requested Item "Qn removed. Laszlo moved, second by Wilson, to approve the recommended action for items on the Consent Calendar,. except Items ilL, N, Q, and R", as presented. I M. Authorized the Acting City Manager to execute and submit the application for SB 82Y Bicycle and Pedestrian Facility Program funds for fiscal year 1991/92 in the amount of $7,809. O. Received and filed the record of decision, Endangered Species and Management Protection Plan, Seal Beach National Wildlife Refuge, and instructed staff to forward same to the Planning commission and Environmental Quality Control Board. Received and filed the memorandum regarding community Development Block Grant Funds for fiscal year 1991/92, the county recommending funding for public services, Day Care Assistance in the amount of $7,500 and Interval House, $36,000. P. ,.1 S. Bids were received for Project Number 624, Trimming of Seal Beach Street Trees, until April 4, 1991 at 11:00 a.m. at which time they were publicly opened by the city Clerk as follows: . west Coast Arborists Park Tree Service Leonard Chaidez Tree Service Golden Bear Arborists, Inc. C&C Landscaping Tree service Travers Tree Service Landscape West, Inc. Trimming Land, Co., Inc. Tip Top Tree Service, Inc. $ 3,623,00 3,889.00 4,108.00 4,840.00 6,065.00 6,952.00 7,145.00 10,465.00 11,455.00 . AYES: NOES: Awarded the bid for Trimming of Seal Beach Street Trees, Project Number 624, to West Coast Arborists in the amount of $3,623.00, and authorized the Acting City Manager to execute the contract on behalf of the city. Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "L" - DEMANDS In response to questions posed by councilmembers Hastings and Laszlo, the Acting City Manager explained that check number 83377 to Analytical Consultants was for asbestos removal at the community centers, number 83391 to Canada Life was for long term disability and life insurance as .-!. . 4-8-91 I provided by the employee memorandums of understanding, number 83414 payable to Hazelrigg Services was for workers compensation administration and claim payments through the-' Orange County cities Risk Management Association, number 83428 payable to Martin Mayer was for attorney services to the Police Department, number 83455 payable to Sun Electric was for diagnostic equipment for vehicle engine emission control, which was previously approved by the Council, and number 83465 was for contract City Engineer services payable to Willdan Associates. The Acting City Manager offered to review further check number 83494 payable to Colin Brothers Sporting Goods, 83426 payable to Marden Susco, 83449 payable to the South Coast A.Q.M.D., the period covered by the Willdan payment, and provide a report to Council. Laszlo moved, second by Hastings, to approve demands numbered 83348 through 83466 in the amount of $356,020.75 and payroll demands numbered 44792 through 44964 in the amount of $203,651.82 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried ITEM "N" - AWARD OF BID - LIFEGUARD VEHICLE Bids were received for one Toyota SR5 4x4 Vehicle for the Lifeguard Department until 1:30 p.m., March 22, 1991 at which time they were publicly opened by the City Clerk as follows: I, Bill Maxey Toyota Cabe Brothers Toyota Toyota of Buena Park $16,021.90 17,214.40 17,660.64 Councilmember Forsythe inquired if this vehicle was proposed for purchase in the budget and if the purchase was necessary at this time. The Acting City Manager responded it had been approved in the budget, that Council had authorized soliciting bids, and that it is a replacement for an inoperative vehicle that would be costly to repair. He informed Council that the vehicle is operated by supervisory personnel. Forsythe moved, second by Wilson, to award the purchase order for one Toyota SR5 4x4 Vehicle for the Lifeguard Department to Bill Maxey Toyota in the amount of $16,021.90 and authorize the Acting city Manager to execute the purchase order on behalf of the City. AYES: NOES: Forsythe, Hunt, Laszlo, Wilson Hastings Motion carried 1 ITEM "0" - TRAFFIC SIGNAL MAINTENANCE AGREEMENT The Acting city Manager requested that this item, a Traffic Signal Maintenance Agreement between the cities of Seal Beach and Los Alamitos for signals located at Bradbury Road and Tulip at Lampson Avenue, be held over for some minor modifications. It was the consensus of the Council to hold the item over. ITEM "R" - ANIMAL CARE CENTER OPERATION and MAINTENANCE AGREEMENT In response to Council, the Acting city Manager reported the City of Los Alamitos is no longer interested in contracting with Long Beach for animal care services, that Seal Beach looked into providing that service how~ver it was determined it would not be feasible. Councilman Laszlo commended the Center for the services it provides to the community, and suggested they be publicly recognized. Forsythe moved, 4-8-91 second by Hastings, to approve renewal of the Animal Care Center Operation and Maintenance Agreement for a period of three years ending May 31, 1994. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, wilson None Motion carried PUBLIC HEARING - APPEAL - PLANNING COMMISSION DENIAL OF VARIANCE 5-90 - 1733 CRESTVIEW AVENUE - RALSTON Mayor Wilson declared the public hearing open to consider the appeal of planning Commission denial of Variance 5-90. The City Clerk certified that notice of the public hearing had been advertised and mailed as required by law, and reported no communications were received either for or against the matter. The Development services Director presented the staff report, explained that the request of the applicant was for a patio encroachment into the ten foot rear yard setback by a distance of nine feet, the patio being approximately one foot from the rear property line. He noted the patio was constructed without proper building permits or inspection, that a stop work order had been placed on the property once staff was aware of the construction, the applicant then applied for a variance and Planning Commission heard the item under public hearing, denied the variance, the applicant appealed the denial to . the council which was then referred back to the Commission with information submitted by the applicant that,had not previously been before the Commission, the Commission determined it was insufficient information to reverse their prior denial, and returned the matter to the Council. The Director again pointed out the nine foot encroachment of the required ten foot rear yard setback, and due to the grade of the area the structure is approximately twelve to fourteen feet above the grade level of the hill, also reported the applicant has indicated a willingness durinq prior public hearings to resolve the lesser encroachment, a pool and patio structure within the five foot side yard setback. He stated additional recommendations of the Planning Commission were that they be allowed to conduct necessary investigation as to how development along a slope grade area can be allowed, whether a deck would be considered a structure, and that encroachment of this and other decks in the area be held in abeyance until these issues are resolved. He noted also a request of the Council as to the depth or level area of the subject lots, the buildable area, and the number of existing decks. The Director said he believed there are six or seven existing decks that encroach into the setback, most of which are in an area where there is a fairly steep slope to the rear of the property, and that he was not aware of any definition by the City of a special circumstance reqarding rear yards for cases such as this. The Assistant City Attorney offered that the Government Code and city Code provide strict guidelines as to what constitutes a special circumstance which, from a legal stand point, is some type of topographic feature, such as grade or shape of a lot, that prohibits the applicant from using his property in the same manner that persons in the same area use their property. Question was raised if having to elevate a portion of the applicant's living area by twelve to fourteen feet would constitute a special circumstance. The Assistant City Attorney noted that the question then becomes when a property is purchased whether the owner is entitled to use the entire square footage of the property. A member of the Council inquired if there was not an additional twenty-five feet granted to certain properties in the Crestview area to compensate for the slope. The Director responded that most of the lots in the Hill area are one hundred feet deep, most of the Crestview lots are one hundred twenty-five feet, some , I -I I 4-8-91 I a few feet deeper because of the curve of the roadway, that it has not been determined if the additional footage was the result of the slope. He noted that during discussion at the Planning Commission it was pointed out that current Code would allow a ten foot retaining wall along the rear property line to contain dirt, level the lot, terracing to the normal building height of the lot, which in this case would possibly be another two to four feet with a terraced patio/ deck, which would meet the requirements of the Code without a variance. He explained that if the patio were then on the ground surface it could encroach to the property line with the remaining area terraced down. Mayor Wilson invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Ms. Shirley Leddy, Seal Beach, requested that the Council uphold the variance denial by the Planning Commission. Dr. Anton Dahlman, 1724 Crestview Avenue, stated the reason the applicant was not present at this meeting was that he is satisfied with the decision and recommendation of the Planning commission, that he is agreeable to a zoning text amendment to address the issue of the slope areas adjacent to those properties on Crestview Avenue. Dr. Dahlman said the fact that the applicant has a twenty-five foot deeper lot would not be an adequate reason to deny the variance unless they receive a property tax credit, also that the applicant had talked to his neighbors who disclosed to him what was in their backyards, and it appeared there was an element of unfairness that he could not build to his property line because the property was not level where someone across the street could. Dr. Dahlman agreed that a variance in this case may not be the best resolution since it will likely affect other properties along the north side of Crestview, also noted the Commission had recommended there be no enforcement of the Code on the other properties pending a zoning text amendment. An objection was raised that the applicant had not obtained a permit to construct the deck. Dr. Dahlman responded that the applicant had merely replaced an existing deck, however agreed that a permit should have been obtained for the extension of the deck, yet had he made application for a permit it would have been denied as a result of the slope, also noted that the property had an illegal deck when the property was purchased. Councilman Laszlo related the background of a similar lot coverage issue in College Park East several years ago, which was likewise resolved through a zoning text amendment. Mr. Joe Orsini, Seal Beach, suggested that if the variance is granted after the fact allowing construction without a building permit, then everything that is illegal should be grandfathered. Ms. Georigana Brown, 212 - 14th street, inquired if any action will be taken on the other encroachments on the subject property. The Director responded the applicant had indicated the other encroachments would be removed. There being no other comments, Mayor Wilson declared the public hearing closed. I I RESOLUTION NUMBER 4029 - DENYING VARIANCE REOUEST 5-90 - ENCROACHMENTS - 1733 CRESTVIEW AVENUE - RALSTON Resolution Number 4029 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING VARIANCE REQUEST #5-90, A REQUEST TO ENCROACH INTO THE REQUIRED FIVE FOOT SIDE YARD SETBACK AND TEN FOOT REAR YARD SETBACK FOR AN ILLEGAL PATIO DECK AT 1733 CRESTVIEW." By unanimous consent, full reading of Resolution Number 4029 was waived. Hunt moved, second by Forsythe, to adopt Resolution Number 4029. 4-8-91 AYES: NOES: Forsythe, Hunt, Laszlo, Wilson Hastings Motion carried The Development Services Director confirmed that the request of the Planning Commission had been for staff to review the development standards for a more equitable resolution for the city and the property owners in a case such as this, I that existing violations be held in abeyance until such time as new standards are in place, and explained that although the focus would be on the Crestview properties, staff will attempt to standardize regulations to apply to any property that may have a slope differential. Forsythe moved, second by Hastings, to direct the Planning Commission to review and study whether elevated decks should be permitted, whether decks should be allowed to encroach into the setback, and under what circumstances. Councilman Hunt stated his objection, citing a point that had been made that when one purchases a property having an unusual configuration, the price is lower and the purchaser is aware of that fact, and that this may result in a special interest issue that should be avoided. Discussion continued. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried RESOLUTION NUMBER 4030 - ORANGE COUNTY CITIES RISK MANAGEMENT AUTHORITY - APPROVING REVISED DOCUMENTS Resolution Number 4030 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING REVISED GOVERNING DOCUMENTS FOR THE ORANGE COUNTY CITIES RISK MANAGEMENT AUTHORITY." By unanimous consent, full reading of Resolution Number 4030 was waived. Mr. Bob Graham, Risk Manager for the OCCRMA, presented an overview of revisions to the Joint Powers Agreement, By-Laws, and Self-Insurance program Plan Document, the revisions basically the result of changes in law and policy over the years. In response to questions of Council, Mr. ~raham said his business is to operate insurance Joint Powers Authorities for municipalities only, that he is an contract employee of OCCRMA, confirmed that his responsibility is primarily organizational and procedural matters, also reported that money and investments are handled by the Treasurer of the OCCRMA Board. The Acting city Manager confirmed that Seal Beach and the other OCCRMA cities are' current with their premium payments, that the Authority requires a liability reserve of three times the self-insured retention, therefore as an example, if the need arose the' City would pay the first $300,000 of a loss, the next $2 million would come from the OCCRMA pool, that the first " level of excess is from $2 million to $5 million, and the' OCCRMA cities have a second layer of excess from $5 mill~on to $10 million, anything over that amount would then revert back to the City. Mr. Graham said should that occur, state law provides that cities have the right to settle a claim in excess of that amount over a period of time. Laszlo moved, second by Hastings, to adopt Resolution Number 4030 as presented. I AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None I It was the order of the Chair, with consent of the council, to declare a recess at 10:18 p.m. Mayor Wilson excused herself from the meeting. The Council reconvened at 10:25 with Mayor ProTem Laszlo calling the meeting to order. I I I 4-8-91 COUNCIL CONCERNS Councilmember Forsythe requested that there be more maintenance of the restroom facilities at the pier. Mayor ProTem Laszlo reported there had been seventy-two applicants for the position of city Manager, that the candidates have now been narrowed to ten, and that Dr. Barber, Cal State Long Beach, who is handling the City Manager recruitment, has requested a meeting with the Council to commence the interview process. Mayor ProTem Laszlo requested that there be an adjourned meeting on Monday, April 15th at 7:00 p.m. for that purpose. ORAL COMMUNICATIONS Mayor ProTem Laszlo declared Oral Communications open. Mr. Lionel Okin, Leisure World, read a letter he had prepared for ne~spaper publication relating to the Mola project and lawsuit naming three members of the Council, involvement of two members of the Council in the Mola Initiative campaign, and commented on recent legal actions relating to election issues. Mr. Peter Anninos, Electric Avenue, spoke regarding the Comcast contract with the Cable Foundation, the $75,000 annual payment to the City which is then transferred to the Foundation to be used for local programming, access coordinator, etc. He made reference to the $25,000 allocation for the salary of the access coordinator, staff, etc., and said the access coordinator position was vacant - for six months, that funding had been prepaid to Comcast yet no services were provided. with regard to local programming, Mr. Anninos said Comcast is to produce twenty- five programs per year, the Foundation provides $1,000 per program, and alleged that the cost of certain productions is considerably less than the $1,000 per production, yet did acknowledge that there is a greater cost associated with other productions, also claimed that certain programs are no longer local access productions and are being produced by the cable company. Mr. Anninos reported that he, other access producers, and certain members of the Foundation have expressed their objections to Comcast. Councilmember Forsythe requested that Mr. Anninos submit his comments in writing. Mr. Anninos also made reference to renegotiation of the contract between the Foundation and Comcast where only three members of the Board chose to attend those meetings and the access producers were not allowed to participate however are affected the most. Councilmember Hastings suggested that possibly an arrangement should be made for Comcast to bill the Foundation for only actual production costs. Mr. Anninos said he felt the Foundation should have more input with regard to what programs will be produced. Mayor ProTem Laszlo again suggested that Mr. Anninos put his concerns in writing, submit them to the City Manager for review and a report to the Council and the Foundation. In response to comments of a member of the audience, Councilman Hunt stated he does not endorse every move of Mola Development, yet as he has said in the past, he does feel the land use proposed by the Initiative for the Hellman property, where Mola is merely the developer, is the best that the City will every hope to have. with regard to the lawsuit, Councilman Hunt stated it has been his policy and practice to fund, as necessary, the defense of those persons that Mola has accused of an illegal act. There being no further comments, Mayor ProTem Laszlo declared Oral Communications closed. CLOSED SESSION No Closed Session was held. 4-8-91/4-15-91 ADJOURNMENT Hastings moved, second by Forsythe, to adjourn until Monday, April 15th at 7:00 p.m. AYES: NOES: ABSENT : Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I It was the order of the Chair, with consent of the Council, to adjourn the meeting at 10:53 p.m. Clerk and ex-o of Seal Beach Approved: --g~ ~. ~~ Mayor Attest: Seal Beach, California April 15, 1991 I The City Council of the city of Seal Beach met in regular adjourned session at 7:00 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Forsythe, Hastings, Hunt, Laszlo Absent: None Also present: Mrs. Yeo, City Clerk CLOSED SESSION Mayor Wilson announced that the city Council would meet in Closed Session to discuss personnel matters with regard to the City Manager position. It was the order of the Chair, with consent of the Council, to adjourned to Closed Session at 7:02 p.m. The Council reconvened at 8:20 p.m. with Mayor Wilson calling the meeting to order, and reported the Council had discussed personnel matters as previously announced. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn until Sunday, April 21st at 9:00 a.m. It was the consensus of the Council to adjourn the meeting at 8:25 p.m.