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HomeMy WebLinkAboutCC Min 1988-04-04 3-21-88 / 4-4-88 CLOSED SESSION A Closed Session was not held. ADJOURNMENT By order of the Chair, with consent of the Council, the meeting was adjourned at 7:57 p.m. 10 clerk of the Council I C1E Clerk S Beach Approved: ~dMaJ ~,~LUf~~ Ma or i Attest1 Seal Beach, California April 4, 1988 The City Council of the City of Seal Beach met in regular session at 7:01 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Clift, Grgas, Hunt, Risner I Absent: None Also present: Mr. Nelson, City Manager Mr. Rudell, Assistant City Attorney Mr. Joseph, Assistant City Manager Mr. Knight, Director of Development Services Mr. Jue, Acting Director of Public Works/ City Engineer Mrs. Yeo, City Clerk WAIVER OF FULL READING Clift 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 I' AGENDA AMENDED Risner moved, second by Clift, to amend the agenda to consider Item nF", Resolution Number 3771, and Item "G", Resolution Number 3772, out of order as first items of business. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried 4-4-88 RESOLUTION NUMBER 3771 - HONORING DAVID NORMAN FRASER - EAGLE SCOUT Resolution Number 3771 was presented to Council and read by Mayor Wilson entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING DAVID NORMAN FRASER FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD." Clift moved, second by Risner, to adopt Resolution Number 3771 as presented. I AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried RESOLUTION NUMBER 3772 - HONORING MARINE BARRACKS - U. S. NAVAL WEAPONS STATION Resolution Number 3772 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, HONORING THE MARINE BARRACKS, U. S. NAVAL WEAPONS STATION, SEAL BEACH." By unanimous consent, full reading of Resolution Number 3772 was waived. Risner moved, second by Hunt, to adopt Resolution Number 3772 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried PROCLAMATIONS Mayor Wilson prOClaimed the week of April 6th through April 16, 1988 as "The Week of the Young Child." Mayor Wilson proclaimed April 17th through April 24th, 1988 as "Victims' Rights Week." I CONTINUED PUBLIC HEARING - EUCALYPTUS GROVE PRESERVATION Mayor Wilson declared the public hearing, continued from January 4, 1988, open. The City Clerk certified that no communications had been received either for or against this item. The Director of Development Services reviewed the December 21st staff report and recommendations of the Planning Commission. 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. Duane Mahlen, 11542 Harrisburg Road, Rossmoor, stated the preservation of the eucalyptus trees, specifically north of Lampson Avenue, is important to the residents of Rossmoor and also Los Alamitos, asthetically beautiful and significant to the entire community, and indicated that enactment of the tree preservation ordinance should not be delayed. He expressed concern with regard to the what effect any rerouting of Lampson Avenue would have on the trees, the authority over trees on quasi-public land, and further, with the Director of Planning or Public Works having the authority to make decisions relating to the trees. In response to Council, Mr. Mahlen stated he was an elected member of the Rossmoor Homeowners Association, was authorized to speak on behalf of the Homeowners Preservation Committee, and reported that the Association had taken an action late last year with regard to the SPRING initiative, the trees, and development of the Bixby property which, he stated would endanger the trees. Councilman Hunt asked if the Rossmoor Homeowners would likewise be opposed to removal of any tree supposing a situation should arise in the future that would necessitate the widening of Seal Beach Boulevard. Mr. Mahlen responded that the Rossmoor Homeowners are opposed to removal of any of the trees notwithstanding a reason that is now unforeseen, stating it is felt the eucalyptus trees on Seal Beach Boulevard are a forest that should be preserved, and asked that Rossmoor receive notification of any future activity that may be proposed in the area. Councilmember Risner clarified that quasi-public land is privately held land, and that the eucalyptus trees I 4-4-88 along Seal Beach Boulevard are not designated as an urban forest in the City's General Plan as are other groves. There being no further communications, Mayor Wilson declared the public hearing closed. ORDINANCE NUMBER l271 - EUCALYPTUS TREE PRESERVATION Ordinance Number l271 was presented to the Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISHING TREE PERMIT REQUIREMENTS FOR EUCALYPTUS TREES I AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance Number 127l was waived. Councilmember Risner moved to amend Section 7D-2 of the proposed Ordinance, adding "exclusive of private communities with a separate governing board." Councilman Hunt seconded the motion. In response to Council, the Development Services Director explained there is a requirement for preservation of Gum Grove as part of the Mola Specific Plan and that consideration would be given to this Ordinance as part of the Tentative Tract Map process, also that findings would be required to be made for the trees that would need to be removed. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Wilson moved, second by Clift, to approve amendment of Section 7D-3(c) to read "fifteen" rather than "four" trees. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried After further discussion, Grgas moved, second by Risner, to I approve the introduction of Ordinance Number 1271 as amended, and that it be passed to second reading. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Council suggested that the recommendation of the Planning Commission to direct staff to prepare a comprehensive tree plan specific to this City be a consideration at a future ,date. PUBLIC HEARING - VARIANCE 2-88 - 405 OPAL COVE WAY - RAICES Mayor Wilson declared the public hearing open to consider Variance 2-88, a request to permit a room addition that exceeds lot coverage. The City Clerk certified that notice of the public hearing had been advertised and mailed as ~equired by law, and reported no communications had been received either for or against this item. The Director of Development Services presented the staff report and actions of the Planning Commission. The Director reported this matter has been under consideration since July 1986, the Planning Commission having denied a variance request for the room addition in November 1986 to which no appeal was made to the City Council, that code enforcement has been been on- 1 going, a second variance request denied by the Commission on March 2nd again due to the fact that findings for a variance could not be made. Mr. Knight advised that the applicant has stated that the room addition is necessary to accommodate therapy equipment for a disabled child, however staff and the Commission feel that other options are available for a room addition to accommodate the equipment. 4-4-88 I 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. Ronald Eisman, 1420 Crystal Cove, Mr. Bruce Hageny, 408 Opal Cove Way, and Mr. Floyd Smith, 412 Opal Cove Way, all spoke in support of granting the variance request. Mr. Eisman stated that the addition would not adversely impact the neighborhood or adjacent properties, nor have there been opposing comments from neighbors. Mr. Bob Raices, applicant, stated he had drawn a floor plan showing the location of the therapy equipment, also that letters were provided from his daughter's doctors stating why this equipment is needed. Mr. Raices confirmed that he had not obtained a building permit for the room addition through a misunderstanding between himself and the contractor as to who would obtain the permits, therefore the deadline for appeal was missed. He also stated that the residence has two bedrooms on the ground floor, the third bedroom having been opened up to the dining area, with an additional bedroom on a second level, the property meeting Code with the exception of lot coverage. The Director reported that plans on file with the City continue to show a third bedroom on the ground floor. Members of the Council indicated it was inconceivable that one would undertake a room addition of this nature without the proper permits, particularly for safety reasons. Council expressed concern with establishing a precedent should approval of this variance be granted, also whether or not findings could legally be made. Councilmember Risner inquired if the applicant would be agreeable to place a restriction on the property where, upon sale, the property would be brought into conformance with Code requirements. The applicant indicated that would be acceptable. In response to Council, the Director explained that an alternative would be to utilize the second floor bedroom as a therapy room, however that would require a lift (elevator) to raise the wheel chair to the second level. Discussion continued. Mr. Eisman suggested that any restriction be conditioned to regulations that may exist at the time of sale. There being no further comments, Mayor Wilson declared the pUblic hearing closed. I Councilmember Risner moved that the staff prepare a Resolution with findings to approve Variance 2-88 with the addition of a Covenant that requires that the improvements either be removed or brought into conformance at the time of sale, that building permits not be issued until the Covenant has been reviewed and approved by the City Attorney and the Development Services Director. Councilman Clift seconded the motion. The Director stated he would request that the Variance not take effect until such time as the deed restriction is in place, and the City Attorney recommended that a condition be added that would provide notice to the City at the time of sale of the property. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I PUBLIC HEARING - PIPELINE FRANCHISE REGULATIONS Mayor Wilson declared the public hearing open to consider amending Code regulations relating to pipeline franchises. 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 Assistant City Manager presented the staff report, explaining that the proposed Ordinance defines the specific types of lines and those subject to payment of franchise fees. He noted this Ordinance poses no impact on the fiscal responsibilities of any of the franchisees 4-4-88 currently operating in the City. There were no communications from the audience regarding this item; Mayor Wilson declared the public hearing closed. ORDINANCE NUMBER 1272 - PIPELINE FRANCHISE REGULATIONS Ordinance Number 1272 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER l6B OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO PIPELINE FRANCHISES." By unanimous consent, full reading of Ordinance Number 1272 was waived. Grgas moved, second by Hunt, to approve the introduction of Ordinance Number 1272 and that it be passed to second reading. I AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried RESOLUTION NUMBER 3773 - COMPLETION - SIDEWALK RECONSTRUCTION - PROJECT NUMBER 592 Resolution Number 3773 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #592, SIDEWALK RECONSTRUCTION CITY-WIDE, IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN RICHARD A. SNYDER COMPANY, INC., AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3773 was waived. Risner moved, second by Hunt, to adopt Resolution Number 3773 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Councilmember Risner explained that monies remaining from the campaign in support of the Zoeter School Bond Measure, $161.70, were being donated to the City for use on the Zoeter site in some manner. I. Approved regular demands numbered 69468 through 69622 in the amount of $545,900.78, and payroll demands numbered 29638 through 29799 in the amount of $165,132.60 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. J. Approved the plans and specifications for Pier Piling Replacement, Project Number 597, authorized the City Manager to advertise for bids, and approved the transfer of $45,000 from the General Fund Reserve for said project. I K. Approved the Los Alamitos High School PTSA request for community support against alcohol abuse by our youth. L. Accepted the donation of $161.70 from the Committee to Save Zoeter and appropriated those funds to the Zoeter School Reserve. 4-4-88 AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried By order of the Chair and consent of the Council, a recess was declared at 8:08 p.m. The Council reconvened at 8:17 p.m. with Mayor Wilson calling the meeting to order. I JULY 4th FIREWORKS DISPLAY The Assistant City Manager presented the staff report, explaining that Seal Beach, as well as Rossmoor, have been contacted by the cities of Los Alamitos and Cypress inviting participation in a fireworks display on July 4th at the Los Alamitos Reserve Center at a cost of approximately $3500. He stated that the display is planned as the result of the ban of fireworks in the participating communities. Councilman Clift noted that although College Park would be available for viewing, the Base itself would be the best vantage point. Staff confirmed that the Base would be open for viewing. Councilman Hunt again questioned the benefit to be derived from this display as compared to expenditures for the Christmas or Easter parades. Councilmember Risner expressed support for participating in the display on a trial basis, and again spoke in favor of considering a fireworks display from the pier or the jetty at some future time. Grgas moved, second by Clift, to approve participation in the July 4th fireworks display and appropriate an amount not to exceed $3500 towards same. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I ZOETER UPDATE The City Manager stated this would be the final update report relating to the Zoeter School site as escrow has closed and the deeds recorded for Parcel One, thus the City now owns or controls all of the Zoeter site. APPOINTMENT - PROJECT AREA COMMITTEE Councilman Grgas requested that the District One appointment to the Project Area Committee be held over. Councilman Grgas questioned the need to continue certain City Boards and Commissions, and moved to request that the staff provide Council with a report setting forth the need or legal requirement for these committees and the number of times they have met in recent months or during the past two years. Councilman Hunt seconded the motion. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried APPOINTMENT - CIVIL SERVICE BOARD Councilman Clift stated he wished to defer the appointment to fill the vacancy on the Civil Service Board from Councilmanic District Four until the new member of the Council is seated. I CITY COUNCIL ITEMS Councilman Grgas again noted the posting of signs on utility poles, a violation of City and State law, asked that the signs be removed from the poles, and suggested that notices should be sent to the persons placing such signs advising them of the violation. He noted specifically that it appears that garage sales are being conducted repeatedly at the same location, and recommended that if an ordinance does not currently exist that one be considered to limit the number and regulate such sales. Mr. Grgas also expressed appreciation to the staff for the recent placement of stop ~-4-88 signs at 14th and 16th Streets and Landing Avenue, stating that a positive impact on traffic in that area has already been seen. Councilmember Risner requested that a report be prepared for information of the Council with regard to the present policy relating to street trees and replacement thereof, suggesting that the Council establish a street tree policy which would include allowing residents a choice of the type of tree. I With regard to the 7th Street connector road, the City Engineer reported that the CalTrans project engineer has advised that the plans for that roadway are now in Sacramento for revisions, that bids are to be solicited in June with the contract awarded in July and the project to commence by October. Councilmember Risner suggested that the City go on record with a letter to the District Director of CalTrans requesting that the 7th Street connector project be expedited. Mrs. Risner read a letter received from Bobby Kirkjian, Eagle Scout, expressing appreciation for his Council Resolution. Noting the efforts that have been put forth by Mayor Wilson and Councilman Hunt with regard to a soundwall adjacent to Leisure World, Councilmember Risner asked if there is any plan for a sound wall included in the 405 widening project. The City Manager responded that nine hundred feet of sound wall is proposed from Seal Beach Boulevard to the area adjacent to the Beverly Manor Convalescent Hospital, and that the sound tests that have been conducted adjacent to Leisure World by CalTrans have not met their minimum standards, also that CalTrans indicated that construction of a wall in that location may compound the problem by creating a box effect. Mayor Wilson stated that it was felt the tests did not meet the criteria because of the existing fence, also that Senator Bergeson and Assemblyman Brown have been aware of the efforts to I secure approval for the sound wall and have visited the site. The City Manager stated that the staff has been working with CalTrans on this request, that public pressure will continue, and agreed that another formal letter from the Mayor to the appropriate legislators and agencies would be appropriate. Councilman Hunt asked that the members of the Council join him in requesting that the staff analyze State laws with regard to the scope of initiatives and determine whether or not there is a possibility to adopt limitations, similar to those of the State, at the local level, the intent being to keep local initiatives simple and understandable for the voting public. Councilman Clift conveyed appreciation to the Council and staff for the expression of sympathy upon the passing of his mother-in-law. With regard to the construction of the recreation facility at the Navy Base, the City Manager reported that the Public Relations representative for the Base has been informed that a work order is in process to reduce the roof height from eight feet from the top of the wall to three feet or less I from the top of the wall. In response to Council, the Public Works Director reported that there is currently a City of Los Alamitos project to synchronize the traffic signals from Coyote Creek to the 405 Freeway. Mayor Wilson read a memorandum from the City Manager advising of his intent, there being no objection from the Council, to accept an invitation as a guest of the Los Angeles Chapter, Division of the U. S. Army to tour Washington D. C. from May 9th to 11th, all expenses paid. Mayor Wilson stated she wished to assure all persons that the City Council and City 4-4-88 / 4-5-88 I staff attempt at all times to do whatever is felt to be best for the community, that citizen input is welcomed, that everyone's constitutional rights must be considered, that in lieu of special elections that are divisive and costly, everyone should work together for the benefit of the City. ORAL COMMUNICATIONS Mayor Wilson declared Oral Communications open. Mr. Bruce Stark, 204 Ocean Avenue, asked for a report from Mr. Hunt regarding a closed door meeting held this date with the Bixby Company with regard to what Bixby plans for Seal Beach. Mr. Hunt responded that this was the same meeting as had been held with the Homeowners' Association, with the thought that such a meeting would be a benefit to Leisure World as well, and that there were no exclusions from that meeting. Mr. Stark also inquired as to an expenditure for consulting services relating to the proposed Hellman golf course. Councilman Grgas noted that the reference was to the warrant list, and responded that the payment was to financial consultants that the City has hired to evaluate the ability of operating the golf course as a public golf course and to determine how much, if any, Quimby Act credit should be given to the developer for dedication of the public golf course. Mr. Duane Mahlen, Rossmoor, inquired as to the status of the DKS traffic study relating to future Bixby development, since it was understood they could have input into that report. The City Manager responded that the preliminary report provided to the City was determined to be lacking certain data, therefore was returned to the consultant for revision, and that when a completed document is received it will be available to the public. There being no further comments, Mayor Wilson declared Oral Communications closed. I CLOSED SESSION No Closed Session was held. ADJOURNMENT Councilman Grgas stated he would be unable to attend the April 5th adjourned meeting and requested to be excused. Councilmember Risner asked to be exused from the second meeting in April. Wilson moved, second by Clift, to approve the absence of Councilmembers Grgas and Risner as stated. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried It was the order of the Chair, with consent of the Council, to adjourn the meeting until 7:00 p.m., April 5th, for certification of the election results. The meeting was adjourned by unanimous consent of the City Council at 8:58 p.m. I Cit . lerk and ex-OffJ. City of Seal Beach Approved '. ---~AA ft) j. :Jv:::IlA ~ ayor - Attest: f1, @ ( C ~l:rk ! .