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HomeMy WebLinkAboutCC Min 1988-02-01 1-18-88 / 2-1-88 Approved: ~t.'~A ~..J Mayor Attest: Seal Beach, California February 1, 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 ROLL CALL Present: Mayor Wilson Councilmembers Clift, Hunt, Risner Absent: Councilman Grgas Also present: Mr. Nelson, City Manager Mr. Rudell, Assistant City Attorney Mr. Joseph, Assistant City Manager Chief Stearns, Police Department Mr. Knight, Director of Development Services Mrs. Yeo, City Clerk Mayor Wilson announced the untimely death of Mr. Dudley Hemphill, Director of Public Works/City Engineer, and those present observed a moment of silence in his memory. The City Manager advised that City Hall would be closed from 10:00 a.m. until 1:00 p.m. the following day to allow I employees and friends to attend a memorial service for Mr. - Hemphill. AGENDA AMENDED Risner moved, second by Hunt, to amend the agenda to consider Items "G" and "V" as first items of business. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried WAIVER OF FULL READING Clift moved, second by Wilson, 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: Clift, Hunt, Risner, Wilson None Grgas Motion carried ITEM "G" - RESOLUTION NUMBER 3755 - STORM ASSISTANCE - I HUNTINGTON BEACH JEEP-EAGLE Resolution Number 3755 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, EXPRESSING APPRECIATION TO HUNTINGTON BEACH JEEP-EAGLE DEALER FOR THEIR ASSISTANCE DURING THE JANUARY 1988 STORMS." By unanimous consent, full reading of Resolution Number 3755 was waived. Clift moved, second by Hunt, to adopt Resolution Number 3755 as presented. 2-1-88 AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried Mayor Wilson presented the Resolution to representatives of the Huntington Beach Jeep-Eagle Dealership present in the audience. I ITEM "V" - DONATION REQUEST - LEISURE WORLD FRIENDS OF THE LIBRARY Councilman Hunt reported the efforts to date of the Friends of the Library in raising $33,000 of the $50,000 needed for the construction of a building adjacent to the Leisure World Library, that building to be used primarily by the Friends to provide community services to residents of Leisure World. Mr. Hunt explained that the Friends must make a commitment to the County for the $50,000 in order to receive County funding of approximately $78,000, and asked that the Council consider making a $3,000 commitment to this cause, possibly in the 1988/89 budget. Ms. Celeste Kraus, President of the Friends, stated that a primary use of the new facility will be a permanent book store which provides a source of income that can in turn be used for the benefit of the library to provide books on tape, videos, assistance to shut-ins, etc. The City Manager advised that it may be possible to fund this request from the 1987/88 unallocated reserves. Clift moved, second by Hunt, to commit $3,000 towards the construction of the subject building, either at the end of this fiscal year or that it be included in the 1988/89 budget. The Assistant City Attorney clarified that as a non-profit organization that is a benefit to the City, there would be no prohibition of making the commitment as stated. I AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried I PRESENTATION - HAZARDOUS MATERIALS TEAM Ms. Karen Peters, Manager of the Hazardous Materials Program for the Orange County Fire Department, presented an overview of the plan being formulated to comply with AB 2948, the Tanner bill, and SB 650, with regard to disposal, storage and transportation of hazardous waste materials. Ms. Peters stated that eight public hearings have been scheduled county-wide, and that as much public input as possible is being sought since this plan will determine what type of hazardous waste facilities will be available for treatment in the future, and noted the deadlines for public comments, submittal of the draft plan to the State, etc. Ms. Peters stated it is critical that the City review the plan as drafted, the goals and objectives set forth therein, with particular attention to Appendix D to the plan, the siting criteria proposed for treatment facilities. She also advised that the Environmental Impact Report will be forthcoming to the City for review, and that by the end of the year it will be necessary for the City to take some action to amend its General Plan, as mandated by SB 477, to reflect the plan approved by the State Department of Health Services. She noted that there is also investigation as to what can be done on a regional basis, as well as private sector development of hazardous waste facilities. At the request of Council, Ms. Peters explained that the Southern California Hazardous Waste Management Authority was formed in 1985 to look at the regional approach to solving hazardous waste issues, and further described the composition of the Authority's membership. She explained that the net result of city obligations is that if 2-1-88 appropriate treatment facilities are not provided the cost of hazardous waste disposal will be borne by all cities, also that if a plan is not provided, the State Department of Health Services could, by State statute, overrule local land use decisions. She pointed out that no city is exempt from a site location, such as that of a transfer station, until each city is looked at and specific criteria is met to protect public health, adding that it is also felt more pressure will be placed on the military to work with local government to insure proper response plans and siting criteria for anything that may be developed on military I land. Ms. Peters explained that a residual depository is a new name for dump, a landfill that would receive hazardous waste after being through a treatment process and stored in an appropriate manner, noting also the need for a residual depository somewhere in the Southern California area. Mayor Wilson expressed appreciation for Ms. Peters' presentation. PUBLIC HEARING - BUILDING CODES Mayor Wilson declared the public hearing open to consider adoption of the 1985 Uniform Building and Fire Code and amendments thereto. The City Clerk certified that notice of the public hearing had been published 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 specifically the amendment of building sprinkler requirements as proposed by the County Fire Service. He explained that the amendment proposed would require sprinklers if a new building is 6,000 square feet or larger, or greater than two stories, and throughout all new R-l, multiple family occupancies, however would only affect new construction and would not include additions, rehabs, or reconstruction of existing units that have been destroyed. He added that the staff had notified local contractors, the Bixby Company and the Building I Industry of Orange County of the proposed amendments. He reported that each contract city for fire service has adopted the amendments to date, the County, however rejecting the amendment, and reported it is the intent of County Fire to resubmit the fire sprinkler provisions to the County for consideration later in the year. Mr. Knight stated that the staff does support the amendments as an effective method to increase life safety and reduce property loss in the case of a fire. 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. Mr. Jim Stone, Orange County Fire Marshall, requested Council support of adoption of the 1985 Fire Code and proposed amendments thereto as described by the staff report. Mr. Stone explained that the sprinkling requirements would apply to three or more units, multi-family dwellings being of greatest concern, and that it has been found that sprinkler systems are about ninety- seven percent effective in protecting lives over other forms of fire safety systems, as well as being cost effective. He added that the 6,000 square foot amendment would pertain to commercial buildings that are not presently required to be sprinklered, that under present Code 12,000 square foot buildings require sprinkling dependent upon the use of those I buildings, and that the amendment to 6,000 square feet, in the long term, will tend to hold down the cost of fire protection and decrease the need for additional resources in the future. Mr. Bruce Stark, 204 Ocean Avenue, noted his experience with the sprinkler fitting industry, and spoke in support of sprinkler systems and their effectiveness, however stated such systems are expensive and that that should be a matter of consideration. He also stated such 2-1-88 I systems are not an extension of the cold water system, as stated at a previous meeting, but requires a separate, high pressure line from the water main into the dwelling, with installation of special high pressure plumbing. Mr. Stark took some exception to provision of the proposed Ordinance with regard to inspections and the City's recourse through all remedies of law. Mr. Stone responded that a residential sprinkler system is an extension of the cold water system, not requiring the expensive underground piping, a typical residential dwelling of eight hundred to one thousand square feet requiring about six sprinkler heads, the cost ranging from approximately fifty to ninety cents per square foot or $700, in most cases the more sprinklers the lesser the cost, also that some insurance companies are offering lower rates for sprinklered dwellings. There being no further comments from the audience, Mayor Wilson declared the public hearing closed. I RESOLUTION NUMBER 3753 - MODIFICATIONS TO CODES - LOCAL CONDITIONS Resolution Number 3753 was presented to Council entitled "A 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 CODE ARE REASONABLY REQUIRED BY LOCAL CONDITIONS WITHIN THE CITY OF SEAL BEACH: THE 1985 EDITION OF THE UNIFORM BUILDING CODE, THE 1985 EDITION OF THE UNIFORM MECHANICAL CODE, THE 1985 EDITION OF THE UNIFORM PLUMBING CODE, THE 1985 EDITION OF THE UNIFORM SWIMMING POOL CODE; THE 1985 EDITION OF THE UNIFORM HOUSING CODE, THE 1985 EDITION OF THE UNIFORM FIRE CODE, THE 1985 EDITION OF THE UNIFORM SOLAR ENERGY CODE, AND THE 1987 EDITION OF THE NATIONAL ELECTRICAL CODE." By unanimous consent, full reading of Resolution Number 3753 was waived. Risner moved, second by Clift, to adopt Resolution Number 3753 as presented. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried I ORDINANCE NUMBER 1267 - ADOPTING BUILDING AND SAFETY CODES Ordinance Number 1267 was presented to Council for second reading entitled "AN 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 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 APPENDIX, 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. Councilmember Risner suggested that Section II(b)(6), amending the Uniform Building Code, and Section 8(B)(9), amending the Uniform Fire Code, be amended to read "Throughout all new R-l occupancies, including enclosed garages, for projects exceeding fifteen units or greater" and so moved. Councilman Hunt seconded the motion for discussion. The Development Services Director explained that the reference to fifteen units would reflect a local amendment, not a provision adopted by the State. 2-1-88 AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried Councilman Hunt moved that the 12,000 square foot figure be reflected in Section II(b)(5), amending the Uniform Building Code, and Section 8(B)(5), amending the Uniform Fire Code, rather than 6,000 square feet. The Development Services Director explained that the current local Building Code reflects 12,000 square feet. Mr. Stone reported that the State Code does not address square footage specifically, nor I does the type of construction make a difference, the use of a structure being the important factor. Councilman Hunt withdrew his motion. Mr. Knight explained further that current Code reflects different standards for different occupancies. Discussion continued. Clift moved, second by Risner, to adopt Ordinance Number 1267 as amended. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried By unanimous consent of the Council, Mayor Wilson declared a recess at 8:35 p.m. The Council reconvened at 8:48 p.m. with Mayor Wilson calling the meeting to order. ORDINANCE NUMBER 1268 - CABLEVISION FRANCHISE AGREEMENT - AMENDMENT NUMBER FIVE Ordinance Number 1268 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING AMENDMENT NUMBER FIVE TO THE FRANCHISE AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND COMCAST CABLEVISION." By unanimous consent, full reading of Ordinance Number 1268 was waived. Risner moved, second by Clift, to adopt Ordinance Number 1268 as presented. I AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried ORDINANCE NUMBER 1269 - UTILITY USERS TAX - AMENDMENT Ordinance Number 1269 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 22, ARTICLE VIII OF THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA, RELATING TO THE UTILITY USERS TAX." By unanimous consent, full reading of Ordinance Number 1269 was waived. The Assistant City Manager presented the staff report, explaining that the proposed Ordinance provides for a grace period for payment of utility user's tax when the due date occurs on a weekend or legal holiday, also addresses cogeneration and energy produced by such technology. The City Attorney noted that although the grace period was requested by Southern California Edison, the Ordinance allows the same grace period for the other utilities subject to the Utility Users Tax. Clift moved, second by Hunt, to approve the introduction of Ordinance Number 1269 and that it be passed to second reading. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried I RESOLUTION NUMBER 3754 - APPRECIATION - JANUARY 1988 STORM ASSISTANCE Resolution Number 3754 was presented to Council and read in full by Mayor Wilson entitled "A RESOLUTION OF THE CITY 2-1-88 COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, EXPRESSING GRATITUDE TO ALL CITY EMPLOYEES, ORANGE COUNTY FIRE DEPARTMENT AND THE ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY FOR THEIR ASSISTANCE DURING THE JANUARY 1988 STORMS." Clift moved, second by Risner, to adopt Resolution Number 3754 as presented. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried I CONSENT CALENDAR - ITEMS "H" THROUGH "P" Councilmember Risner requested that Item "N" be removed from the Consent Calendar. Risner moved, second by Clift, to approve the recommended action for items on the Consent Calendar, except Item "N", as presented. H. Approved the minutes of the regular meeting of December 7, 1987. I. Approved the minutes of the regular meeting of December 21, 1987. J. Approved regular demands numbered 68618 through 68815 in the amount of $601,669.73 and payroll demands numbered 28990 through 29145 in the amount of $167,516.29 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. I K. Denied the claim filed on behalf of Elizabeth J. Madsen and referred same to the City's insurance adjuster. L. Denied the claim of Katherine Neil and referred same to the City's insurance adjuster. M. Authorized a senior citizen discount for tram rides for those qualified senior citizens patronizing Ruby's Jewel Cafe. O. Awarded the purchase order for an emergency generator for the Water Department to Equipment Service Company, the sole bidder, in the amount of $35,433.68. P. Authorized the use of City Council Chambers on April 10, 1988 for an Eagle Scout Court of Honor for John McCabe, Seal Beach resident. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "Nil - EARTHOUAKE/PIER INSURANCE The Assistant City Manager reported that the City is in receipt of quotes to provide earthquake insurance for City Hall, the Old City Hall, the Police Facility and the Municipal Pier, two of the quotes providing wave wash coverage with a $250,000 deductible. The Council commended the staff for their efforts towards obtaining such coverage. Risner moved, second by Clift, to allocate $46,004 from the General Fund balance to account 001-019-000-453 for the purchase of earthquake and pier insurance. 2-1-88 AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried MID-YEAR BUDGET REVIEW The Assistant City Manager reviewed in detail the mid-year budget status report, providing an update of administrative accomplishments, and a review of the City's fiscal condition through December 31, 1987. Mr. Joseph asked that the Council consider a budget amendment to allocate $4800 for the retention of ATMI telephone consultants for the purpose of preparing plans and specifications, request for proposal and RFP analysis for a new telephone system at the Police Department, which will result in a long term cost saving to the City. He also requested consideration of retaining a consultant to prepare the necessary information for Council to consider implementing a street lighting assessment district. Mr. Joseph advised that the staff will be looking further into revision of the business license fee, implementation of the street sweeping and tree trimming fee previously approved by the Council, and proposed changes in various fees for services. In response to Council, the City Manager advised that it is felt that the work of the assessment district consultant will be lessened due to the information that is available from a previous street lighting assessment district, however pointed out the need for quality information to develop the benefit spread, and noted that the cost relating thereto will be covered by the assessment. Risner moved, second by Hunt, to receive the mid-year budget report, authorize $4800 to retain ATMI telephone consultants to prepare plans and specifications, RFP analysis for a new telephone system for the Police Department, and authorize the staff to retain a consultant for the purpose of preparing the street lighting assessment district. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried COMPREHENSIVE FINANCIAL PLAN The City Manager reported that the City is in receipt of a proposal from Cranston Securities Company to prepare a comprehensive financial plan for the City, the cost of such plan estimated between $15,000 and $20,000, and reviewed the various components to prepare a financial plan. He also asked that the Council appoint two of its members to meet with the staff and Cranston Securities to explore in greater depth the potential benefits of such plan. Councilmember Risner indicated her preference that City staff prepare much of the information that would be required for a comprehensive financial plan. The City Manager responded that the staff does not possess all of the expertise that would be required, and if this were an in-house project, other workload would be delayed. A representative of Cranston Securities concurred that much of the necessary work could be accomplished by City staff, stating that Cranston would act as a facilitator to bring all of the City's financial resources together, the goal being to build a consensus of staff and Council for long term financial planning, adding that Cranston Securities would be willing to review the scope of work contained in their proposal at no cost to the City. Clift moved, second by Risner, to approve the recommendation of the City Manager to appoint Councilmembers Hunt and Risner as a Council Committee to meet with the staff and I I I 2-1-88 Cranston Securities, and to make a recommendation to the City Council if there is a desire to retain the services of Cranston Securities to develop a comprehensive financial plan. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried I ZOETER UPDATE The City Manager reported that through the escrow process it was found that the Zoeter property is listed in the name of Seal Beach Bay City School District of Orange County, which should soon be resolved, and that the parcel map is awaiting the approval of the County Engineering staff, afterwhich it is anticipated that escrow will close. MEASURE "A" The City Manager presented an expanded administrative analysis of Initiative Measure "A", stating that after receipt of the analysis of the City Attorney, the staff devoted considerable time reviewing the numerous provisions of the Initiative document and the assumptions and conclusions with regard to the impact on the City's administration, concluding that the Measure is bad legislation, ambiguous, and conflicting with existing law, if adopted it would be costly to implement, and in his opinion would not achieve what the proponents claim with few exceptions, and asked that the Council make this report available to anyone requesting same. At the request of the Council, Mr. Nelson reviewed indepth the impact of the Initiative, if adopted, on the efforts of the City to acquire the Zoeter School property. The Council received the City Manager's administrative analysis of Measure "A". I DONATION REQUEST - IMAGINATION CELEBRATION The City Manager reported receipt of a communication from the California Alliance for Arts Education, Orange County Performing Arts Center, requesting an unspecified donation towards the Imagination Celebration, a countywide art festival. Clift moved, second by Risner, to receive and file the request. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried APPOINTMENT - PROJECT AREA COMMITTEE In the absence of Councilman Grgas, the Council held over the District One appointment to the Project Area Committee. CITY COUNCIL ITEMS Councilmember Risner requested that Resolutions be prepared for consideration of the Council recognizing the one hundredth anniversary of the City of Long Beach, and the sixtieth anniversary of the incorporation of the City of San Clemente. I ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION No Closed Session was held. ADJOURNMENT Risner moved, second by Clift, to adjourn the meeting at 9:48 p.m. 2-1-88 / 2-16-88 /' clerk of the Approved: - ~ i:..:JAd.p~ Att..., 8~::Y~( fJ I Seal Beach, California February 16, 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. Councilman Grgas led the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Clift, Hunt, Grgas, Risner Absent: None Also present: Mr. Joseph, Assistant City Manager Mr. Rudell, Assistant City Attorney Mrs. Yeo, City Clerk WAIVER OF FULL READING I Risner moved, second by Clift, 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 REQUEST - LOS ALAMITOS HIGH SCHOOL SHOW CHOIR Seal Beach residents Ms. Vanessa Gonzales and Ms. Julie Siler advised the Council of the opportunity for the Los Alamitos High School Show Choir to attend the Young Americans National Invitational Choir Festival in April 1988, representing the State of California and the cities of Seal Beach and Los Alamitos. They explained that it is necessary for the Choir to raise $15,000 to fund attendance at this competition, and advised that one means of raising funds to meet that goal will be through a benefit concert to be held March 5th at the Los Alamitos High School theatre and that tickets are available for purchase at a cost of $20. After brief discussion, Risner moved, second by Clift, to authorize a contribution of $200 to the School Choir I funding raising effort. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried REOUEST - ANNUAL EASTER PARADE Mr. Jim Klisanin, Easter Parade Chairman, requested City support of the 8th annual Easter Parade through the services rendered by the Public Works, Police and Recreation