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HomeMy WebLinkAboutCC Min 1989-12-11 11-27-89 1 12-11-89 lobbying on Mola's behalf. The Council advised Mr. Stark that the original Mola plan was significantly revised as the result of public input and received public support, and the project that was approved is the same that was presented to the Coastal Commission. Upon conclusion of further discussion, and there being no other communicatiops from the audience, Mayor Grgas declared Oral Communications closed. CLOSED SESSION I The Assistant City Attorney announced that the Council would meet in Closed Session to discuss personnel matters. The Council adjourned to Closed Session at 8:36 p.m. and reconvened at 8:46 p.m. with Mayor Grgas calling the meeting to order. The Assistant City Attorney reported the Council had discussed the matter previously announced and that no other items were discussed. AOJOURNMENT With unanimous consent of the Council, Mayor Grgas adjourned the meeting at 8:48 p.m. cler of the 1 Seal Beach, California December 11, 1989 The City Council of the City of Seal Beach met in regular session at 7:03 p.m. with Mayor ProTem Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Wilson Councilmembers Hunt, Laszlo, Risner Absent: Mayor Grgas It was the order of the Chair with consent of the Council to excuse the absence of Mayor Grgas from this meeting. Also present: Mr. Nelson, City Manager Mr. Stepanicich, City Attorney Mr. Whittenberg, Director of Development Services Mr. Jue, Director of Public Works/ City Engineer Mrs. Yeo, City Clerk I 12-11-89 1 WAIVER OF FULL READING Hunt moved, second by Risner, 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: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried PRIMARY MUNICIPAL ELECTION - MARCH 27. 1990 The City Clerk presented the staff report with regard to the Primary Municipal Election to be held March 27, 1990 for a member of the City Council from Councilmanic Districts One, Three and Five, and explained the actions required of the Council to call the election, request County services, adopt candidate statement regulations, and order the canvass of said election. 1 ORDINANCE NUMBER 1293 - CALLING PRIMARY MUNICIPAL ELECTION - MARCH 27. 1990 Ordinance Number 1293 was presented to the Council entitled DAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A PRIMARY MUNICIPAL ELECTION TO BE HELO IN THE CITY ON TUESDAY, MARCH 27, 1990 FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF SEAL BEACH.n By unanimous consent, full reading of Ordinance Number 1293 was waived. Hunt moved, second by Risner, to adopt Ordinance Number 1293 as presented. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried RESOLUTION NUMBER 3899 - REQUESTING COUNTY SERVICES - PRIMARY MUNICIPAL ELECTION - MARCH 27. 1990 Resolution Number 3899 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIEO SERVICES TO THE CITY RELATING TO THE CONDUCT OF A PRIMARY MUNICIPAL ELECTION TO BE HELO ON TUESOAY, MARCH 27, 1990.n By unanimous consent, full reading of Resolution Number 3899 was waived. Hunt moved, second by Laszlo, to adopt Resolution Number 3899 as presented. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried I RESOLUTION NUMBER 3900 - CANDIDATE STATEMENT REGULATIONS - PRIMARY MUNICIPAL ELECTION - MARCH 27. 1990 Resolution Number 3900 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT THE PRIMARY MUNICIPAL ELECTION TO BE HELO ON TUESDAY, MARCH 27, 1990.n By unanimous consent, full reading of Resolution Number 3900 was waived. Hunt moved, second by Risner, to adopt Resolution Number 3900 as presented. 12-11-89 AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried RESOLUTION NUMBER 3901 - ORDERING CANVASS - PRIMARY MUNICIPAL ELECTION - MARCH 27. 1990 Resolution Number 3901 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, 1 CALIFORNIA, ORDERING THAT THE CANVASS OF THE PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 27, 1990, BE MADE BY THE CITY CLERK." By unanimous consent, full reading of Resolution Number 3901 was waived. Risner moved, second by Laszlo, to adopt Resolution Number 3901 as presented. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried RESOLUTION NUMBER 3902 - COMPLETION - FIRST and THIRD STREET ALLEY RECONSTRUCTION 1 TWELFTH STREET SEWER - PROJECTS 587/588 Resolution Number 3902 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECTS 587/588, 1st AND 3rd STREET ALLEY RECONSTRUCTION IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN MAC GROUP, INC., AND THE CITY OF SEAL BEACH.n By unanimous consent, full reading of Resolution Number 3902 was waived. Hunt moved, second by Laszlo, to adopt Resolution Number 3902 as presented. In response to Council, the City Engineer explained that Change Order Number Two, relating. to the Twelfth Street Sewer Project, I was basically the result of a higher than anticipated ground water table and reflects the costs associated with removal and replacement of unsuitable ground materials. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried RESOLUTION NUMBER 3903 - MODIFICATIONS TO CERTAIN COOES - SETTING FORTH LOCAL CONDITIONS Resolution Number 3903 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO CERTAIN OF THE FOLLOWING CODES ARE REASONABLY REQUIRED BY LOCAL CONDITIONS WITHIN THE CITY OF SEAL BEACH: THE 1988 EDITION OF THE UNIFORM BUILDING COOE; THE 1988 EDITION OF THE UNIFORM MECHANICAL COOE; THE 1988 EOITION OF THE UNIFORM PLUMBING CODE; THE 1988 EDITION OF THE UNIFORM SWIMMING POOL COOE; THE 1988 EDITION OF THE UNIFORM HOUSING CODE; THE 1988 EDITION OF THE UNIFORM FIRE COOE; THE 1988 EOITION OF THE UNIFORM SOLAR ENERGY COOE; THE 1987 EOITION OF THE NATIONAL ELECTRICAL CODE.n By unanimous consent, full reading of Resolution Number 3903 was waived. Risner moved, second by Hunt, to adopt Resolution Number I 3903 as presented. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried ORDINANCE NUMBER 1294 - ADOPTING CERTAIN CODES BY REFERENCE (BUILDING and SAFETY) Ordinance Number 1294 was presented to Council for first reading entitled WAN ORDINANCE OF THE CITY OF SEAL BEACH, 12-11-89 I CALIFORNIA, AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO BUILDING AND SAFETY AND ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS~ THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1988 EDITION; THE UNIFORM COOE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1988 EDITION~ THE UNIFORM SIGN CODE, 1988 EDITION~ THE UNIFORM SOLAR ENERGY CODE, 1988 EOITION~ AND THE UNIFORM BUILOING SECURITY CODE, 1988 EOITION.n By unanimous consent, full reading of Ordinance Number 1294 was waived. The staff noted that a public hearing would be scheduled for January 8th to consider the Codes proposed for adoption by Ordinance Number 1294, the Codes not required by law to be adopted prior to December 28th. Risner moved, second by LaszlO, to approve the introduction of Ordinance Number 1294 and that it be passed to second reading subsequent to the public hearing. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried I ORDINANCE NUMBER 1295 - ADOPTING CERTAIN CODES BY REFERENCE (BUILDING and SAFETY) - URGENCY Ordinance Number 1295 was presented to Council entitled nAN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING BY REFERENCE THE FOLLOWING CODES: THE UNIFORM BUILOING CODE, 1988 EOITION, AND AMENDMENTS THERETO~ THE NATIONAL ELECTRICAL CODE, 1987 EDITION; THE UNIFORM PLUMBING CODE, 1988 EDITION, AND AMENDMENTS THERETO; THE UNIFORM MECHANICAL CODE, 1988 EOITION, AND AMENDMENTS THERETO; THE UNIFORM HOUSING COOE, 1988 EDITION, AND AMENDMENTS THERETO; THE UNIFORM BUILDING CODE STANDARDS, 1988 EOITION, AND AMENDMENTS THERETO~ THE UNIFORM FIRE CODE, 1988 EDITION, INCLUDING THE APPENDIX; THE UNIFORM FIRE CODE STANDARDS, 1988 EDITION; ADOPTING AMENDMENTS TO SAID CODES, READOPTING PORTIONS OF CHAPTER 5 OF THE COOE OF THE CITY OF SEAL BEACH AND DECLARING THE URGENCY THEREOF.n By unanimous consent, full reading of Ordinance Number 1295 was waived. The Oevelopment Services Oirector explained that upon adoption Ordinance Number 1295 would take effect Oecember 28th, therefore the City would be in compliance with a recent requirement of State law that certain Codes be adopted by January 1, 1990. He noted that a number of the changes are reflective of suggestions from the Orange County Fire Department and relate primarily to sprinkler systems for high-rise buildings with occupied areas greater than fifty- five feet above the height capability of fire equipment, additionally the Code would now reflect upgraded roofing for structures from a Class nCn to Class nBn, reqUiring a higher quality roofing material such as a fire retardant treated shake, clay or concrete tile, etc. Mr.-Whittenberg said he believed that a fire retardant shake roof will last between seven to ten years. With regard to requiring smoke detectors in existing residential units, he explained they will be required if there is a major addition which increases the square footage by more than sixty percent of the existing structure, and sprinkler systems required in residential homes of more than thirty-six hundred square feet, a residential unit of less than thirty-six hundred square feet requiring a smoke detector. The Director again clarified that the majority of amendments contained in the Ordinance are the result of recommendations from the Orange County Fire-Department, basically directed to the Building and Fire Codes relating to high~rise structures, and although the changes are not specific to Seal Beach it was felt appropriate to adopt the amendments at this time and consider modifications at a later date if determined necessary. With regard to a concern regarding added expense to the public as a result of the amendments, the Director offered that most likely the only situation where I 12-11-89 substantial additional expense would be realized would be a with a thirty-six hundred square foot single family detached residence where a sprinkler system would be required. Staff also noted that it has now been demonstrated that there is a positive impact on insurance costs as a result of the installation of sprinkler systems. Risner moved, second by Hunt, to adopt Ordinance Number 1295 as presented. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried 1 ORDINANCE NUMBER 1296 - GENERAL PENALTIES - CODE VIOLATIONS Ordinance Number 1296 was presented to Council for first reading entitled WAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 1 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO GENERAL PENALTIES.n By unanimous consent, full reading of Ordinance Number 1296 was waived. The Director of Development Services advised that Ordinance Number 1296 proposes to amend the general penalty section of the Municipal Code for misdemeanor and infraction violations to be consistent with provisions of State law. With regard to violations of building regulations, Councilmember Risner suggested that a provision be included in the Ordinance to require that a warning be given prior to imposing a fine. The Director recommended against placing such provision in this Ordinance, citing the need to amend the Ordinance upon any change of policy. The City Attorney explained that the penalties are generally applied to all Municipal Code violations and that there are areas of the Code where a requirement for a warning prior to citation would not necessarily be in the City's interest, and pointed out the I lengthy process that is presently followed for violations relating to building and zoning matters. He noted that at the time State law was revised to increase the potential fines for infractions and misdemeanors the City Code was not amended to comply with the higher limit, and that adoption of the revised penalties merely allows a court the flexibility to impose a greater fine if deemed warranted. Risner moved, second by Hunt, to approve the introduction of Ordinance Number 1296 and that it be passed to second reading. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried CONSENT CALENDAR - ITEMS nJn thru npn Councilman Laszlo requested Item nM" be removed from the Consent Calendar. Laszlo moved, second by Risner, to approve the recommended action for items on the Consent Calendar, except Item nM", as presented. J. Approved regular demands numbered 77045 through 77183 in the amount of $381,091.12 and payroll demands numbered 37764 through 37935 in the amount of $194,260.17 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. 1 K. Approved the minutes of the regular meeting of November 27, 1989. L. Received and filed Los Alamitos School oistrict Resolution N-89-1, Intention to Establish Community Facilities District 12-11-89 N. 90-1, and Resolution N-89-2, Intention to Incur Bonded Indebtedness Within Community Facilities District 90-1. Bids were received until 11:00 a.m., December 7, 1989 for Project Number 607, Sidewalk Repair, at which time they were publicly opened by the City Clerk as follows: I F.A.V. Engineering, Inc. Nobest, Inc. $37,535.50 59,534.00 Awarded the contract for Project Number 607 to F.A.V. Engineering, Inc. in the amount of $37,535.50 and authorized the City Manager to execute the contract on behalf of the City. 0.-. Received and filed the City of Seal Beach Annual Financial Statement for fiscal year ending June 30, 1989. P. Based upon annual evaluation, authorized continuation of contract services provided by the Orange County Fire Department. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried 1 ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM nMn - SPECIFICATIONS - PUBLIC WORKS and LIFEGUARD VEHICLES Councilman Laszlo stated he would prefer to review the specifications for the subject vehicles prior to authorizing the request for bids. Councilman Hunt inquired if there was a specific time frame involved in obtainipg the replacement vehicles. The City Engineer reported there was none for the Public Works vehicle however it would be preferred that the 4 x 4 Lifeguard Department vehicle, used for beach patrol, be operational by Easter. The City Manager explained that a time element is involved to modify the vehicles to City needs, that this is a standard purchasing procedure, however it would be possible to hold the item over until the first meeting in January. He noted that pursuant to State guidelines for alternative fuel vehicles, an optional bid is being requested for same however it is not felt those bids will be competitive. Risner moved, second by Laszlo, to hold this item over until the first meeting in January. Councilman Laszlo requested a copy of the vehicle specifications. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried I AGREEMENT FOR REIMBURSEMENT - BIXBY RANCH SPECIFIC PLAN The Development Services Director reported that the proposed Agreement formalizes the requirement that Bixby Ranch Company will be financially responsible for all staff and staff support consultant costs relating to the Bixby Ranch Specific Plan. He noted the Agreement has been reviewed by Bixby and is acceptable to them. Risner moved, second by Hunt, to approve the Agreement for Reimbursement as presented. 12-11-89 AYES: - NOES: ABSTAIN: ABSENT: Hunt, Risner, Wilson None Laszlo Grgas Motion carried ADVISORY BODY COMPENSATIONIETHICAL STANDAROS The City Manager reported it was requested that this item be removed from consideration at this meeting, and would be 1 placed on a future agenda. It was the consensus of the Council to remove this item from the agenda. DECEMBER 26th CITY COUNCIL MEETING Risner moved~ second by Laszlo, to cancel the December 26th regular City Council meeting. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried CITY COUNCIL ITEMS There were no Council items for discussion. ORAL COMMUNICATIONS Mayor ProTem Wilson declared Oral Communications open. Mrs. Patty Campbell, 4433 Ironwood Avenue, referred to the possible future Bixby Ranch Company development in the northern portion of the City and read a proposal, in conjunction with such development, to reroute Lampson Avenue along the southerly boundary of the Los Alamitos Air Station to join Seal Beach Boulevard at Rossmoor Way, the existing Lampson to end at the Old Ranch Country Club parking lot entrance, the existing Lampson connection at Seal Beach Boulevard to serve as the entrance to the Bixby project with a new perimeter road around the project to also serve as an on/off freeway ramp. The proposal further suggested that the freeway overpass be repaired and widened to six lanes, and should Seal Beach Boulevard require widening the northbound lanes should be routed easterly of the eucalyptus trees which would become a center divider. Mrs. Campbell stated rerouting of Lampson into St. Cloud would not be acceptable, nor would development on either side of Lampson, retail on the east side of Seal Beach Boulevard, housing due to the proximity to aircraft runways, or office parks, that only the southwest portion of the Bixby golf course should be allowed to be developed, and recommended retail use due to the resulting sales tax and lack of conflict with peak traffic due to the hours of operation. Mrs. Campbell summarized the problems that she felt would be resolved by this concept. Councilman Hunt asked that there be no further discussion of this proposal until such time that Bixby may make a submittal to the City that will in turn be considered under public hearings. Oiscussion followed. Councilmember Risner suggested that the proposal be forwarded as an item of information to the staff support consultant for the Bixby Specific Plan: no objection was voiced. Mr. Galen Ambrose, Wetlands Restoration Society, made reference to news articles citing the possibility that the Coastal Commission staff may recommend denial of the Mola project and if so, suggested the City will have an opportunity to consider an alternative development, and stated he felt restoration of the wetlands is a development project. He also'referred to recent articles regarding quality of life-and the environment, stated that the Coastal Commission is now looking at wetlands restoration as a mitigation measure, and that the Hellman property could be a resource to Southern California similar to the Newport Back Bay, claiming the Hellman property to be historic wetlands. Given a possibility of the Coastal Commission not approving I 1 12-11-89 I the Mola project, the Hellman lands being privately held property of considerable worth, and with no indication that the Coastal Conservancy or the Port of Long Beach would purchase the property, Councilmember Risner asked if the intent was that the property would remain as it presently exists or if there is a viable way for the land to be restored as a wetlands of any significant size. Mr. Ambrose responded that there are about five agencies that may be viable resources. He stated that if the developer withdraws or if the Commission denies the project, that would constitute a message that the Hellman land would not be developed, and with denial, the cost of the land would be established as historic wetlands and valued 'at minimal dollars per acre. Mr. Ambrose said that the Port would be interested in one hundred five acres for wetlands, rather than the current thirty-six, as it would provide them with greater credit, also offered that Hellman has the option to leave the land as it presently exists or until such time as the Coastal Commission-membership changes. He noted that if the Commission were to approve the Mola project yet the developer withdrew, the-cost of the land would continue to be based upon residential development, however the Council has the right to determine what is best for the City. Mr. Ambrose stated he would present his plans for the Hellman property at-some future time. Councilman Hunt requested that there be no further discussion of this matter given a pending litigation and forthcoming review and action by the Coastal Commission. There being no further comments, Mayor ProTem Wilson declared Oral Communications closed. I CLOSED SESSION No Closed Session was held. AOJOURNMENT Risner moved, second by Laszlo, to adjourn the meeting at 8:05 p.m. AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried Approved: I