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HomeMy WebLinkAboutCC Min 1992-08-24 I I I 8-10-92/8-24-92 budget for at least another ten days. The Manager reported most banks are no longer accepting state IOU's, that to date the city has received only its sales tax revenue in the form of an IOU, other subventions being withheld at this time, noting an ultimate impact the City's cash flow unless the state budget is acted upon by late September to mid-October. He also confirmed that capital and a number of other expenditures are being held in abeyance, travel and meeting expenses eliminated, programs postponed, etc., in anticipation of the budget shortfall. Mayor Forsythe reported that a number of residents have submitted some worthwhile ideas relating to the budget crisis issue. COUNCIL CONCERNS Councilmember Hastings announced the upcoming Comedy Night sponsored by the Save Our pier Group to benefit the pier restoration. Councilman Laszlo reported receipt of a letter from a doctor in Golden Valley, Minnesota, expressing appreciation to the Seal Beach Lifeguards and paramedics for their assistance as a result of an incident that occurred in the surf off of Seal Beach. Councilman Laszlo also made reference to a recent news article reporting a SCAG projection of six million more people in California by the year 2000 creating a need for one million more housing units. Councilman Doane offered a quote of Supervisor Wieder at a recent Chamber breakfast relating to problems associated with the State budget, that 'Republicans are being Republicans and Democrats are being Democrats and none of them are being legislators.' ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn to Monday, August 24th, 1992 at 6:00 p.m. to meet in Closed Session. By unanimous consent, the meeting was adjourned at 7:54 p.m. Approved: ~~,- /' nLAJ_L~' - Mayor Attest: Seal Beach, California August 24, 1992 The City Council regular adjourned session scheduled for 6:00 p.m. this date 'was cancelled due to lack of Closed Session business items for discussion. 8-24-92 ::~iY o/7gust, e M.'~~~~rk of Seal Beach 1992. I Seal Beach, California August 24, 1992 The City Council of the city of Seal Beach met in regular session at 7:02 p.m. with Mayor Forsythe calling the meeting to order with the Salute.to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Bankston, city Manager Mr. Colantuono, Assistant city Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, city Clerk WAIVER OF FULL READING Hastings moved, second by Doane, to waive the reading in full of I 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: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried AGENDA AMENDED Laszlo moved, second by Hastings, to consider Item "A", Resolution Number 4174, prior to Oral Communications. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried RESOLUTION NUMBER 4174 - TRIBUTE TO JAMES T. GILKERSON Resolution Number 4174 was presented to Council and read in full by Councilman Laszlo entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH PAYING TRIBUTE TO AND IN MEMORY OF JAMES T. GILKERSON." Forsythe moved, second by Brown, to adopt Resolution Number 4174 as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I Mayor Forsythe and Councilman Laszlo presented the Resolution to Mrs. Caroline Gilkerson with condolences. Friend of the family, Mr. Charles Antos, conveyed appreciation on behalf of Mrs. Gilkerson and her family. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Bruce Stark, Seal Beach, recalled his comments at the previous meeting relating to city attorney expenses, and stated the explanation of the services covered by the referenced payment was in error since I I I 8-24-92 tort claims are handled by another legal counsel. He claimed also that a long standing City policy was breached by the disclosure of an approximate $7,000 legal services expenditure on his behalf. There being no other comments, Mayor Forsythe declared Oral Communications closed. RESOLUTION NUMBER 4175 - TRIBUTE TO RONALD ADAMS Resolution Number 4175 was presented to Council and read in full by Mayor Forsythe entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH PAYING TRIBUTE TO AND IN MEMORY OF RONALD E. ADAMS." Brown moved, second by Laszlo, to adopt Resolution Number 4175 as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PROCLAMATION Mayor Forsythe proclaimed the weeks of September 19th through October 12th, 1992 as "Coastweeks" and September 19th, 1992 as "Adopt-A-Beach Coastal Cleanup Day." The city Manager reported related activities will be coordinated with local civic groups and suggested that anyone wishing to participate may contact his office. CONSENT CALENDAR - ITEMS "D" throuah "I" Mayor Forsythe requested that Item "I" be removed from the Consent Calendar. Hastings moved, second by Laszlo, to approve the recommended action for items on the Consent Calendar, except Item "I", as presented. D. Approved regular demands numbered 88838 through 89001 in the amount of $442,973.83 and payroll demands numbered 51323 through 51523 in the amount of $232,542.46 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. E. Approved the minutes of the August 10th, 1992 regular meeting. F. Adopted Ordinance Number 1360 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1991 EDITION, AND AMENDMENTS THERETO, AMENDING PORTIONS OF CHAPTER 5 AND DELETING CHAPTER 9 OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1360 was waived. G. Rejected as a late claim the claim submitted on behalf of R. G. Brandon Company, Inc., Kristen Mary Brandon, Richard Brandon, and Mary L. Brandon for personal injuries, equitable indemnification, declaratory relief, and implied indemnification. Received and filed the monthly Investment Report. H. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried 8-24-92 ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I" - STORM WATER PERMIT AGREEMENT AMENDMENT - TECHNICAL ADVISORY COMMITTEE BY-LAWS In response to Mayor Forsythe, the city Manager explained that this Program, the Drainage Area Management Plan under the National Pollutant Discharge Elimination System, is a federally mandated program for all jurisdictions nationwide, and although there is flexibility for a city to participate individually, the Orange County cities elected to participate jointly in the permitting process primarily for the purpose of reducing their costs. The Mayor made reference to a City of San Clemente communication expressing concern with regard to the costs associated with inspection, monitoring and record keeping under the program, referred also to an April 3rd memorandum from the Orange County Environmental Resources Division acknowledging that certain co-permittees could be impacted adversely by flows from drainage areas outside the two stormwater permit areas of San Diego and Santa Ana Regions, without a proposed remedy, which she noted is the case in Seal Beach, and questioned the required monetary contribution and benefit for this community. The City Manager noted that the City'S payment is for the permitting of the storm drain inlets from Seal Beach only, that through the permitting process and resulting reports it is presumed that over time there will be sufficient data to identify the impact areas and afford a means of mitigation, this program primarily for information gathering, identification of inlet and discharge locations, etc. Also, recognizing in this case that county boundaries meet within the Channel, the federal agency having area jurisdiction will be the lead agency rather than Los Angeles or Orange counties. He confirmed that there is no means for reimbursement of this cost. Hastings moved, second by Brown, to approve Amendment No. 1 to the National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement, Santa Ana/San Diego Regions, between the Orange County Flood Control District and the Orange County cities, the Amendment adding the cities of Lake Forest and Laguna Hills, establishes recomputed share contributions, allows the County to retain professional services to implement work programs, and establishes a Technical Advisory Committee, the motion also approved the By-laws of that Committee. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I I PUBLIC HEARING - ZONE TEXT AMENDMENT 92-5 - EXPANSION OF NONCONFORMING STRUCTURES Mayor Forsythe declared the public hearing open to consider Zone Text Amendment 92-5 relating to the expansion of nonconforming structures. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received either for or against this item. The Director of Development Services presented the staff report and reviewed the background that led to this ZTA. He explained that the basic difference from existing Code provisions is that the I proposed amendments restrict to a lesser amount the allowable floor area of additions that may be constructed, current Code allowing ten percent of the allowable floor area of a property to be added through the Minor Plan Review process, the Conditional Use Permit process required for expansions of greater than ten percent of the allowable floor area. He noted that the proposed amendments place single family and duplex units in one category, triplex and larger properties in another category, a maximum two hundred eighty-eight square foot addition per unit proposed for nonconforming single family and duplex units that do not meet parking requirements, one hundred forty-four square feet of I I I 8-24-92 additional building area per unit proposed for three or more unit structures with a maximum of four hundred square feet per property if nonconforming due to parking, both categories considered under the Minor Plan Review process, and additions proposed larger than those square footages would fall within the Conditional Use Permit process with notices to properties within three hundred feet and the requirement for specific findings. The Director pointed out that the amendment proposes a provision for tandem parking as a means of satisfying off-street parking requirements, where current Code does not allow tandem parking, and for triplex or larger projects at least one off-street parking space per unit where none are presently required. He explained that the amendment would allow tandem parking to be used as legal parking for nonconforming residential properties only. Mayor Forsythe 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. Beverly Casares, Seal Beach, spoke regarding the bedroom to bath ratio and suggested that provision should be made to allow bathrooms equal to the number of bedrooms as well as a half or guest bath. She made reference to her residence where the garage dimensions do not meet Code and inquired if her ability to add living area, specifically bedrooms, would be reduced by this amendment, and stated her view that possibly the ordinance should be rewritten to apply to the Old Town area only. The Director responded that there is a specific provision of the Code that applies to the residential low density areas, and in the case of interior garage dimensions that are less than Code requirements the structure is considered legal conforming to which an addition could be made providing that the addition meets all other requirements of the Code. The Director explained that the proposed amendments would apply to residential non-conforming properties throughout the community, properties where there is an existing nonconformity other than the garage dimensions as an example. Ms. Casares mentioned nonconformities such as the lack of insulation, wiring that is no longer allowed, etc., stated her understanding that a definition of density does not exist, and to that cited an example of a fifty by fifty lot in the Old Town area where a third story could be added at the rear of the structure. She suggested also that bedroom be redefined to reflect guidelines generally used by the federal government and realtors, 'any place that has built-in storage or a closet for storage purposes that may be used with a bed.' Mr. Charles Antos, 328 - 17th Street, explained that the definition of bedroom originated as a means of assuring that parking requirements were met for the various types of units. He suggested also that persons in the flood zone should not be penalized heightwise as a result of raising their dwelling above the flood zone, in such cases height should be measured from above that zone rather than from grade, a benefit of that being that the first level of the structure could be used for parking. Mr. Bruce Stark, Seal Beach, claimed that the Zone Text Amendment is directed solely at Old Town, that the thrust is to eliminate the multi-family dwellings and apartment units that meet the goals of the Housing Element and encourage much larger single family dwellings. At the request of Council, the Director stated that the thrust of the amendments actually encourages the retention of the mUlti-family properties, allowing them to be maintained, improved and expanded, where many cities allow no expansion of nonconforming properties. with regard to nonconforming properties in College Park East, the Director confirmed that there could possibly be some setback nonconformities, a residence built at the end of a cul-de-sac as an example, that it is unlikely there would be density or parking nonconformities, also noted that a prior problem relating to patios in that area was resolved in years past and are now 8-24-92 conforming. Ms. Rhonda Hjelm cited her ownership of a property at 225 - 14th street with a nonconforming house and a bachelor unit at the rear, her family's intent being to add nine hundred to one thousand square feet of living area to the residence, not the unit, and questioned if that would be allowed under the amendments since there would be one less than the required four parking spaces. The Director advised that should the amendments I be adopted, application could be made for that degree of expansion through the Conditional Use Permit process, noticed to neighboring properties within three hundred feet, and considered under public hearing before the Planning Commission, where current Code would not allow the city to even consider such request. There being no further comments, Mayor Forsythe declared the public hearing closed. ORDINANCE NUMBER 1361 - ZONE TEXT AMENDMENT 92-5 - EXPANSION OF NONCONFORMING STRUCTURES In response to previous comments, the Director of Development Services explained that the proposed ordinance does not address Building Code compliance, confirmed that there are a number of structures in the community that do not comply with current Building Code provisions however stated such noncompliance does not yield a structure to be nonconforming in terms of the zoning ordinance for additions to a property, yet noted that at such time as a nonconforming structure proceeds through the building review process for additions or remodels, if the valuation of the new work meets a certain level the structure is required to be upgraded to met current electrical and plumbing requirements regardless. The Director pointed out that density is defined in the General Plan as to the land area required to construct a residential unit in the Old Town area, five thousand square feet required for a single family residence in the Low Density Zone, I two thousand five hundred in the Medium Density Zone, two thousand one hundred seventy-eight in the High Density Zone, nine hundred fifty square feet in Surfside, and one thousand three hundred fifty square feet in the Bridgeport area, those definitions repeated in the Zoning Ordinance for those specific land use designations. The Director advised that the issue of buildings being constructed above the flood zone will be forthcoming before the Planning Commission, noting that it is the feeling if staff that the height of a building should not be affected as a result of raising the structure, the Planning Commission to also consider the issue of third stories on any lot in the city. Brief discussion followed with regard to bedroom/ bathroom ratios, the Director again clarifying that the amendments relate to nonconforming structures only, and pointed out that there is no restriction on the number of baths with new construction as long as other requirements of the Code are met. Hastings moved, second by Laszlo, to approve the introduction of Ordinance Number 1361 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONE TEXT AMENDMENT 92-5, AMENDING SECTIONS 28- 2407 AND 28-210, RELATING TO THE EXPANSION OF NON-CONFORMING STRUCTURES WITHIN THE CITY OF SEAL BEACH" with the amendment of Sections 28-2407-A-2(f), A-2(h)(1)(i), and A-2(h) (2) (i) to reflect a one to one bedroom to bathroom ratio plus one half I." bath, and that Ordinance Number 1361 be passed to second reading. By unanimous consent, full reading of Ordinance Number 1361 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:06 p.m. The Council reconvened at 8:14 p.m. with Mayor Forsythe calling the meeting to order. I I I 8-24-92 RESOLUTION NUMBER 4138 - PROPOSED ORDINANCE - ARCHAEOLOGICAL and HISTORICAL ELEMENT - GENERAL PLAN Resolution Number 4138 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION 92-1 AND ADOPTING THE 'ARCHAEOLOGICAL AND HISTORICAL ELEMENT' OF THE SEAL BEACH GENERAL PLAN (GPA 92-1)." By unanimous consent, full reading of Resolution Number 4138 was waived. The Director of Development Services presented the staff report with the recommendation to adopt the Archaeological and Historical Element of the General Plan as revised by staff based on comments received from the Native American Heritage Commission, the Archaeological Information Center at UCLA, and public comments, including revisions proposed during an August 20th meeting with Archaeological Committeemember Hahn, those revisions agreed to by staff. Mayor Forsythe noted a communication from Professor Keith Dixon of Cal State University, Long Beach, expressing preference for the recommendation of staff with proposed minor technical language revisions. Ms. Moira Hahn presented her prepared statement which addressed the background leading to the proposed Element and the agreed upon revisions as set forth in the staff recommendation of August 24th. Ms. Hahn stated that at such time as an archaeological consultant is appointed by the Council in accordance with the Element, her concept was that an Archaeological Advisory Committee would also be established by the Council, interested parties would have the opportunity to request membership on the Committee, there would be no limit as to the number of members, no requirement for Council District or City residency, membership consideration given to those persons having legitimate concerns, insight, expertise and valuable information thus eliminating the need for Council appointments, membership would be afforded the archaeological consultant, the landowner, and Native American monitors or delegates if they so desire. That site specific information would be accessible only to those having a legitimate need to know, thus removing the need for a non-disclosure agreement and safeguarding such information from general disclosure. The purpose of the Committee would be to review archaeological data, possible participation in developing the research design document, excavation plan if necessary, and final report. Ms. Hahn indicated her concurrence with the Archaeological and Historical Element as set forth in the August 24th staff report. Doane moved, second by Hastings, to adopt Resolution Number 4138 as proposed by the August 24th staff report, incorporating the revised technical language as suggested by Professor Dixon, and instructed staff to prepare a letter to the State Historic Preservation Office requesting clarification as to the policy regarding Native American Review and, if Native Americans are prohibited from reviewing archaeological information, revision to the policy regarding Archaeological Site Records to allow Native American representatives to view those documents, said letter to be reviewed and approved by the City Council and the Mayor authorized to sign same on behalf of the city. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried Given the action of the Council, the Director advised that it would not be necessary to consider the proposed Ordinance entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 29, 'ARCHAEOLOGICAL RESOURCES' TO THE CODE OF THE CITY OF SEAL BEACH." STATE BUDGET UPDATE The City Manager reported that the Governor's earlier budget proposal contained a zero diversion of city revenues, now 8-24-92 includes a $250 million diversion, the Assembly proposal a like amount, the Senate proposal a $300 million diversion however carries a maximum per cap which preliminarily would have a lesser impact on the General Fund than the other two proposals, the Senate version has no Redevelopment Agency diversion, the Governor's proposal carries a $100 million diversion likely in the low/moderate housing area, and the Assembly proposal is $200 I million of General Fund monies that might have been pass throughs to school districts of about four percent. He noted it is yet unknown what the impact will be on special districts, the loss of AB8 monies to the Metropolitan Water District as an example could bring about additional charges of possibly $50 per acre foot to offset their losses. The Manager offered that revenue losses to this community have ranged from zero to $1.6 million, at this point it appears the range may be between $420,500 to $565,000 and a possible loss of Agency revenues between $45,000 to $125,000. He noted that the Governor has vetoed both the Senate and Assembly proposals, yet all proposals continue to be subject to amendments. Mayor Forsythe asked that a letter again be forwarded in protest of the impact on cities. It was pointed out that the Sanitation District may raise their fees as well, and possible reductions in fire services may include relocation of the paramedics from the Beverly Manor station and the large engine from the 8th Street Station. COUNCIL CONCERNS Councilman Laszlo again noted his desire to pursue Charter amendments relating to campaign financing and height limits, clarifying that his intent with regard to height limits was specific to Seal Beach Boulevard, Pacific Coast Highway, Ocean Avenue, etc., not all areas of the community. Councilmember Hastings reported the recent 'Save Our Pier' Comedy Night as well I as the after-show party was very well done, and announced a Seal Beach citizens United rummage sale on September 12th at the Marina Community Center to also benefit rebuilding of the recently fire damaged pier. Mayor Forsythe reported an increasingly serious problem of panhandling at the Seal Beach Center, a possible petition requesting that the recycling machines be relocated, and invited persons having experienced the panhandling situation to report those instances to her. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Sol John, 330 - 12th Street, spoke to the panhandling problem, suggested that the machines be removed or there should be more police protection at the Seal Beach Center. Ms. Jane McCloud, Balboa Drive, acknowledged the announcement of the upcoming rummage sale and reported the Marina Center would be open on the prior Friday evening until 9:00 p.m. to accept donated sale items. She acknowledged having been approached at the Seal Beach Center. The City Manager reported there have been discussions with market management at the Center with regard to problems associated with the recycling machines, etc., however not on the issue of panhandling, and stated the issue of panhandling in general is being discussed with the City Attorney. The Mayor noted the adjacent businesses have also expressed concern with the present I situation. There being no further comments, Mayor Forsythe declared Oral Communications closed. CLOSED SESSION It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 8:45 p.m. The Council reconvened at 9:00 p.m. with Mayor Forsythe calling the meeting to order. The Assistant city Attorney reported the Council had met in Closed Session pursuant to Government Code Section 54956.9 to discuss personnel matters, no action was taken, and that an attorney/client privileged memorandum was distributed, that I I I 8-24-92/9-14-92 pursuant to Government Code Section 54956.9(a) the Council also discussed pending litigation in the case of Mola versus the City of Seal Beach, an action pending in the Orange County Superior Court, no action was taken, and that a memorandum was distributed under attorney/ client privilege. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn until Monday, September 14th, 1992 at 6:00 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent at 9:02 p.m. erk and ex-of of Seal Beach Approved: ,~~ ;/nX_.A}t~ L. Mayor Attest: Seal Beach, California September 14, 1992 The city Council of the City of Seal Beach met in regular adjourned session at 6:01 p.m. with Mayor Forsythe calling the meeting to order with the Sal~te to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Bankston, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk CLOSED SESSION The city Attorney announced that the City Council would meet in Closed Session pursuant to provisions of the Brown Act to discuss personnel matters and a memorandum provided to the Council regarding same, pursuant to Government Code Section 54956.9(a), discussion of pending litigation in cases of U. S. versus Montrose and Mola versus City of Seal Beach, and pursuant to Government Code Section 54956.9(b), potential litigation regarding certain requests for information. It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 6:03 p.m. The Council reconvened at 6:52 p.m. with Mayor Forsythe calling the meeting to order. The city Attorney reported that the Council had discussed the items previously announced, gave direction to staff, and no further action was taken.