Loading...
HomeMy WebLinkAboutCC Min 1988-01-04 12-21-87 / 1-4-88 will impose considerable cost and inconvenience in addition to costs involved to obtain the necessary reviews and permits by the City. Mr. Reams requested that the Council consider this matter at the earliest date possible. Councilmember Risner noted that she had posed this matter to the Council, suggesting that the amortization period be deleted for those instances where installation was prior to current regulations, that the matter had been referred to staff and that it is anticipated there will be a report before the Council in January. She stated further that she had advised Mr. Reams to apply to the Planning Department for an after-the-fact permit for his satellite antenna. The City Attorney advised that if the satellite dish is non- conforming to existing standards, a permit can not be issued, however if the determination of the Council is that an amendment be made to existing provisions, prosecution of this particular case would be held in abeyance until an action is taken on such amendment, noting that Planning Commmission consideration and action would be necessary since this is a provision of the Zoning Ordinance. The Development Services Director stated that a report could be forthcoming to the Council, after which a referral could be made to the Planning Commission with final action then taken by the Council to delete or amend the amortization period. He noted also that upon the recommendation of the City Attorney's office with regard to this case and other pending Code enforcement issues, the staff is obligated to administer the law as it exists and until amended, noting specifically that Mr. Reams has not yet proven that his installation was prior to existing regulations. The City Manager advised that a report would be forthcoming to the Council. There being no furhter communications, Mayor Wilson declared Oral Communications closed. CLOSED SESSION There was no Closed Session held. ADJOURNMENT Grgas moved, second by Hunt, to adjourn the meeting at 9:04 p.m. AYES: NOES: Clift, Grgas, Hunt, Risner, None Wilson Motion carried r Clerk and ex-o f 3- Beach City Council JWroved: ~ f..~ Mayo Attest: Seal Beach, California January 4, 1988 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. I I I 1-4-88 ROLL CALL Present: Mayor Wilson Councilmembers Clift, Grgas, Hunt, Risner Absent: None I Also present: Mr. Nelson, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Knight, Director of Development Services Mrs. Yeo, City Clerk WAIVER OF FULL READING Risner moved, second by Hunt, 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: Clift, Grgas, Hunt, Risner, Wilson None Motion carried PROCLAMATIONS The Mayor proclaimed April 18th through April 24th, 1988 as "Cancer Awareness Week." Mayor Wilson proclaimed Saturday, February 6, 1988 as "Ninth Annual Black History Day." I PUBLIC HEARING/PROPOSED ORDINANCE - EUCALYPTUS GROVE PRESERVATION Mayor Wilson declared the public hearing open to consider establishing regulations and permit requirements for eucalyptus trees. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications had been received either for or against this item. The Director of Development Services presented the staff report, noting the background and staff research .of this matter. Mr. Knight also reported the request of the Environmental Quality Control Board that the definition of grove be clarified, that the use of incentives for tree preservation be studied, and that the possibility of limiting the regulations to specific groves of concern be explored. He reported further the action of the Planning Commission, recommending that the proposed Eucalyptus Grove Preservation Ordinance be tabled and that staff be directed to prepare an urban tree plan as provided under the California Urban Forestry Program, which would entail a comprehensive analysis of the City's goals with respect to trees, an inventory of existing trees to be addressed by the plan, a planting and maintenance program designed to achieve City goals, and a public education program. The Director reviewed the provisions of the Preservation Ordinance presented to the Planning Commission and City Council for consideration. The City Manager noted that the proposed Ordinance would be repealed if Initiative Measure "A" is approved by the voters. There being no communications from the audience, Mayor Wilson declared the public hearing closed. I Councilmember Risner noted that the request had been that the Planning Commission consider regulations governing the preservation of historic windrows of trees or trees of historic significance, however the proposed Ordinance addressing trees city-wide, including street trees. She suggested that historic preservation of certain trees be considered as a separate issue and in an expedient manner at 1-4-88 the Council level, pointing out the recommendations of the Environmental Quality Control Board. Discussion followed. By unanimous consent of the Council, the public hearing was reopened to allow public testimony. Mr. Duane Mahlen, Harrisburg Road, Rossmoor, stated his concern was with preservation of the trees along Seal Beach Boulevard, objected to one individual having the authority, as set forth in the Ordinance, to authorize removal of a tree, and spoke in support of further study as recommended by the Planning Commission, the inclusion of all types of trees, I and the use of professional services in developing preservation regulations. After further discussion, Councilman Hunt moved that this item be continued until the first meeting in April, after Measure "A" is voted upon. Councilmember Risner seconded the motion. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried ORDINANCE NUMBER 1267 - ADOPTING BUILDING and SAFETY CODES Ordinance Number 1267 was presented to Council for first reading entitled DAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, 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 BUILDING CODE, 1985 EDITION, INCLUDING THE APPENDIX; THE UNIFORM MECHANICAL CODE, 1985 EDITION; THE UNIFORM PLUMBING CODE, 1985 EDITION; THE UNIFORM SWIMMING POOL CODE, 1985 EDITION, THE UNIFORM HOUSING CODE, 1985 EDITION, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1985 EDITION, THE UNIFORM SIGN CODE, 1985 EDITION, THE NATIONAL ELECTRICAL CODE, 1987 EDITION, THE UNIFORM BUILDING CODE STANDARDS, 1985 EDITION, THE UNIFORM FIRE CODE, 1985 EDITION, INCLUDING THE APPENDIZ, THE UNIFORM FIRE CODE STANDARDS, 1985 EDITION, THE UNIFORM SOLAR ENERGY CODE, 1985 EDITION." By unanimous consent, full reading of Ordinance Number 1267 was waived. The City Manager explained that the City is required to adhere to certain Codes adopted by the State, however the City is allowed to enact certain provisions that are relevant to local conditions, those changes reflected in the proposed Ordinance. The Director of Development Services noted that the major change in adoption of the Uniform Codes is to the 1985 Fire Code, that change promoted by the Orange County Fire Department and requesting that all occupancies, with the exclusion of Group R, Division 3, known as single family homes, require sprinkling of all new structures, which would include. commercial, industrial and multi-family residential units, hotels, motels, and other similar uses. Mr. Knight clarified that if the City did not comply with the Fire Department request that action would not effect the City's contract cost for fire services, however reported that most of the contract fire service cities have adopted the recommendation of the Fire Department. Mr. Knight also explained that when the Fire Department request was received, it offered consideration of sprinkling all structures or those of six thousand feet or greater, the staff having opted for the six thousand foot provision. The Director recommended that the Ordinance be considered for first reading, published as required by law, and that the public hearing be set for the February 1st meeting. He noted his intention to notify local contractors and the BIA of the amendments being considered. Mr. Jim Stone, Orange County Fire Marshall, stated the Department has requested the same provisions be considered by all contract cities, I I 1-4-88 I fire sprinkling of all commercial buildings of greater than six thousand square feet and in addition, sprinklers in all Group R, Division I multi-family residential structures, stating further that the BIA is aware of this amendment and have not expressed opposition in any of the contract cities where it has been considered. He explained that the Group R, Division I category does not include a duplex structure, estimated that the cost of the sprinkling could range from fifty to ninety cents per square foot, dependent upon the type of construction and design of the structure, and noted that the request is not for a full commercial sprinkler system, but an extension of the existing cold water system in the house. Mr. Stone clarified that sprinkling would be required for new structures over six thousand square feet, not in the case of an addition to an existing structure that would then equal the six thousand square feet. The Director explained that the provision in the 1985 Fire Code is close to that in effect, requiring spinkling of commercial, industrial, and residential of fifty units, over twelve thousand square feet. It was also noted that the degree of sprinkling would depend on the use of the structure. The Director pointed out that under the 1982 Code there was a local exception for Group R, Division 3 single family homes located in Surfside and built on a one thousand square foot or less lot where at the third floor level there could be one exit instead of two if a fire sprinkler system was installed, this Ordinance recommending that that requirement be for all new single family homes regardless of the lot size, that recommendation supported by the Fire Department and Surfside Colony. He reported the other change, with regard to rooftop patios that are open and five hundred square feet or less, allows one exit if located above the second floor in the case of a two-story building or above the third floor in a three-story building. I Risner moved, second by Clift, to approve first reading of Ordinance Number 1267 and that the public hearing be set for February lst. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried CONSENT CALENDAR - ITEMS "En THROUGH "J" Councilmember Risner requested Item "J" removed from the Consent Calendar. Clift moved, second by Hunt, to approve the recommended action for items on the Consent Calendar, except Item "J", as presented. E. Approved regular demands numbered 68296 through 68508 in the amount of $902,351.57, and payroll demands numbered 28422 through 28549 in the amount of $175,617.10 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. I F. Denied the application for leave to present a late claim on behalf of Gilbert Lavon Urry and referred same to the City's insurance adjuster. G. Denied the claim of Mary P. Ober and referred same to the City's insurance adjuster. H. Approved the specifications for roof repair at the North Seal Beach Community Center and authorized the City Manager to advertise for bids. 1-4-88 I. Approved the amendment to the contract with Michael Brandman Associates (MBA) for preparation of the Hellman Specific Plan and EIR for a total of $9,100, to be paid by Mola Development. AYES: Clift, Grgas, Hunt, Risner, Wilson NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "J" - TRAFFIC STUDY - BIXBY SPECIFIC PLAN I The staff report of January 4, 1988 set forth the five proposals received by the City to prepare a traffic study and transportation improvement plan as an initial step with regard to the Bixby Specific Plan study for the area surrounding and including the Old Ranch Country Club, as follows: BSI Consultants, Inc. DKS Associates Kunzman Associates Austin/Forest Associates Willdan Associates $ 9,064 14,870 16,800 20,000 26,967 In response to Councilmember Risner, the Director of Development Services noted that the City is not compelled to accept the lowest bidder for consulting services, explaining that the BSI proposal was lacking in the number of hours and did not appear to have the best understanding of what the study is trying to achieve, did not show adequate insight into transportation management systems, and that after review of all proposals, staff did not feel their proposal was adequate to perform the study. Hunt moved, second by Clift, to award the traffic study for the Bixby Specific Plan to DKS of Los Angeles for a not-to- exceed cost of $14,870.oo. The City Manager noted for the record that he is a personal friend of one of the principals of DKS, therefore abstained from any involvement in the selection process of this firm. I AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried ZOETER UPDATE The City Manager reported that the City is now in escrow for Parcel "A" of the Zoeter site, noting that there have been processing problems with the parcel map which is now with the County, however the effective date of the sale will remain as September I, 1987 regardless of the closing date of escrow. Clift moved, second by Hunt, to receive the report. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried REPORT - SATELLITE DISH ANTENNAE The Development Services Director presented the staff I report, noting the 1985 Zoning Text Amendment which provided for the regulation of satellite dish antennae, included an amortization period for legal nonconforming dishes. He advised that there have been a number of complaints filed with regard to satellite dishes, and due to concerns raised, the Council directed staff to prepare a report and possible amendment to the existing provisions, to subsequently be referred to the Planning Commission for consideration. He 1-4-88 I stated the staff report focused on the primary purpose of the amortization clause, the implementation of the regulations to date, and the impact should the amortization period be revoked. Mr. Knight reported that of the five satellite dish cases that have been subject of concern and fall under the amortization period, one commercial use is now in compliance with Code, two are going through the procedural steps recommended by the City Attorney to comply with Code provisions, with the remaining two cases not cooperating with the City's enforcement effort. Mr. Knight stated that concerns of the staff are basically with asthetics, safety, and administration, and that if it is the direction of the Council to revoke the amortization period, the City Attorney has recommended that a note be placed in lieu of the section stating that it was the intent of the Council to allow the nonconforming satellite dishes to be maintained. He added that the staff would further recommend that building permits and safety inspections be made of all satellite dishes installed prior to June 1985 since there were no safety conditions prior to that period, noting that if revoked, the visual impact of the nonconforming satellite dishes would continue. Councilmember Risner asked that the amortization period for satellite dish antennae in residential areas either be deleted or that the period be extended to allow a return on the homeowner's investment. Councilman Grgas suggested that a condition could be placed on the property to require that the nonconforming antennae be removed or replaced upon change of ownership, noting that there is a logical basis for amortization associated with the value of the improvement and that the staff could compile a reasonable extension of the amortization period using value as a guideline. Discussion continued. I Risner moved, second by Hunt, to request that the Planning Commission consider amending the amortization period for satellite dish antennae in residential areas to seven years and require a non-permitted satellite dish to be in compliance with Code upon change of ownership of the property. Councilman Grgas noted some concern with the City being noticed of the sale of a property. The City Attorney advised that the extended seven year amortization period would be from the effective date of the original satellite dish regulation ordinance. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I EMPLOYEE EMERGENCY SURVIVAL SUPPLY PROGRAM Councilmember Risner presented her memorandum and proposal to offer a program whereby City employees may obtain emergency survival supplies for use by the employee and/or their family in the case of a disaster. She explained that the City could act as coordinator, offering, ordering and distributing the supplies chosen by the employee, and further, provide a payroll deduction program to pay for their purchases over a given period of time. She noted that there are a number of companies that are suppliers of emergency kits and that the average purchase is approximately $175. In response to Council, the City Manager stated that the Finance and Purchasing Departments would most likely handle the program if implemented, that the initial time involved would be with selection of the supplier, transmitting the program information to the employees, taking orders, and establishing a schedule for payroll deductions. He added that information regarding the suppliers of such equipment could be made available to the public, however he would hesitate to recommend anyone company. Discussion continued. 1-4-88 Councilmember Risner moved to approve initiating an emergency survival supply program as generally outlined in her memorandum and direct the City Manager to implement the program, on a voluntary basis, at the earliest time possible. Councilman Clift seconded the motion. AYES: NOES: Clift, Grgas, Risner, Wilson Hunt Motion carried COMMUNICATION - CALIFORNIANS AGAINST WASTE - WINE COOLER CONTAINERS I The City Manager explained that the State Recycling and Litter Reduction Act that became effective October lst did not include wine cooler bottles, the communication from Californians Against Waste requesting that local agencies adopt ordinances to include wine cooler bottles, therefore encouraging recycling and reduction of litter. Mr. Nelson added that he felt that this issue should be dealt with at the State rather than local level. Councilmember Risner moved to request that the Mayor author a letter to the City's State representatives in support of legislation to include wine cooler bottle recycling. Councilman Clift suggested that the letter also be forwarded to the League of California Cities, and seconded the motion. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried INITIATIVE MEASURE "A" The City Manager noted that pursuant to Council request, Initiative Measure "A" will continue to be on each Council agenda for discussion. In response to Councilman Grgas, the City Attorney clarified that the section of the Initiative dealing with building height only refers to Planning District One. At the request of the Council, Mr. Knight I described the boundaries of Planning District One, as basically south of Pacific Coast Highway and Marina Drive, however does not include the Bridgeport area, the Trailer Park and condominiums, or Oakwood Apartments. APPOINTMENT - PROJECT AREA COMMITTEE Councilman Grgas requested that the appointment to the Project Area Committee from District One be held over. TOWN HALL MEETINGS The City Manager reported that a Town Hall meeting is scheduled for January 12th at 7:00 p.m. for discussion of the proposed United Way 1988 Sandcastle Event, and that January 26th has been chosen for a presentation by staff to provide information relating to zoning laws. Councilman Grgas requested that the zoning presentation be video taped to allow future airing dates for information of the public. Mr. Nelson also advised that staff is proceeding to reimplement the neighborhood and commercial watch programs, and that the staff will be making contacts to establish locations and dates for meetings with residents and commercial businesses. Noting that certain members of the Council would be unable to attend the January 26th session, he advised he would reschedule that presentation. He noted also that there is a tentative meeting scheduled with .1 Supervisor Wieder in attendance on January 13th. Mayor Wilson reported receipt of a letter announcing a meeting of Supervisor Wieder to be held on January 28th to discuss the results of her survey relating to growth and it's impacts. 1-4-88 / 1-18-88 CITY COUNCIL ITEMS Councilman Grgas recalled the recent fire in Surfside, noting concerns expressed by residents relating to fire response and suppression, and requested that a report be provided to the Council from the Orange County Fire Department and the City Manager relating to same. Councilman Grgas stated he would be absent from the next City Council meeting and requested that his absence be excused. I ORAL COMMUNICATIONS Mayor Wilson declared Oral Communications open. Mr. Duane Mahlen, Rossmoor, referred to the award of the traffic study relating to the Bixby development proposal to DKS Associates, and inquired as to the degree of community input that will be made available to the traffic consultant during the course of the study, and asked for assurance that Rossmoor will be included in meetings with the consultant early in the discussions. Mr. Mahlen also inquired as to what gUidelines the consultant and the City use in developing traffic studies. The City Manager reviewed the process under which the traffic study will be conducted, explaining that subsequent public hearings would be held and public testimony taken, adding that the traffic study is a technical report and it was not the staff's intent to require the consultant to attend community meetings. Mr. Mahlen continued to speak regarding the traffic study conducted for the Bixby Office Park, the identity of that consultant, as well as questioning what information will be made available to and considered by this consultant. There being no further comments, Mayor Wilson declared Oral Communications closed. I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss personnel matters and establish guidelines for negotiations with City employees. By unanimous consent, the Council adjourned to Closed Session at 9:13 p.m. The Council reconvened at 9:49 p.m. with Mayor Wilson calling the meeting to order. The City Attorney reported the Council had met in Closed Session to discuss the matters previously reported and had provided direction to staff. ADJOURNMENT By unanimous consent, the Council adjourned the meeting at 9:50 p.m. C S and ex 0 City Council the Approved: -gAA 11-) t:.. ,~..::fl~ - J Mayor I Attest: