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HomeMy WebLinkAboutCC Min 1985-08-12 7-22-85 / 8-12-85 I respond to his question without delay. Mr. Charles Antos, 316 - loth street, stated that since leaving City employment he has been contacted on numerous occasions by City staff seeking information regarding past actions, also that he has been blamed for things that were done by others or occurring after his leaving the City, referring specifically to the Rossmoor sign program matter. He stated he has been blamed for doing things illegally, that he wants to be contacted before blame is directed towards him, and should this occur again, he stated he would take legal action. There being no other oral communications, Mayor Risner declared oral communications closed. CLOSED SESSION The City Attorney stated the Council would meet in Closed session pursuant to Government Code Section 54956.9(c). The Council, by unanimous consent, adjourned to Closed Session at 9:45 p.m. The Council reconvened at 1l:00 p.m. with the Mayor calling the meeting to order. The City Attorney reported the Council met in Closed Session to discuss matters pursuant to the Government Code as previously reported. ADJOURNMENT Risner moved, at ll:01 p.m. second by wilson, to adjourn the meeting AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I and ex-offic City Council of the Attest: Approved: Seal Beach, California August 12, 1985 I The City council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Risner calling the meeting to order with the Salute to the Flag. ROLL CALL present: Mayor Risner Councilmembers Brownell, Clift, Grgas, Wilson Absent: None 8-12-85 Also present: Mr. parker, City Manager Mr. Stepanicich, city Attorney Mr. Joseph, Assistant city Manager Mr. Baucke, Director of Development Services Mr. Jue, Assistant City Engineer Mrs. Yeo, City Clerk WAIVER OF FULL READING I Brownell 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 Counci1members after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried PRESENTATION Wilson moved, second by Brownell, to postpone this item until the arrival of Dr. and Mrs. Bettenhausen. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried PROCLAMATIONS Mayor Risner proclaimed Saturday, August 17, 1985 as "volunteer Firefighters Recognition Day," and upon his arrival, Mr. Joe Ka1mick expressed appreciation for the recognition on behalf of the Volunteers. Brownell moved, second by Wilson, to postpone the Junior Woman's Club proclamation pending the arrival of the Junior's president. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried PUBLIC HEARING - ZONING TEXT AMENDMENT 2-84 - NONCONFORMING RESIDENTIAL PROPERTIES Mayor Risner declared the pUblic hearing open to consider zoning Text Amendment 2-84, establishing specific limitations and public review procedures for additions and modifications to nonconforming residential properties. The City Clerk certified that notice of public hearing was advertised as required by law, and reported one communication had been received from Mr. Joseph Ribal, president of the Old Town Rental Housing Improvement Association, copies of which had been provided the Council. It was the consensus of the Council to temporarily postpone the public hearing to make the presentation and consider the proclamation as previously stated. PRESENTATION Mayor Risner read in full Resolution Number 3500, commending I Jack and Marjorie Bettenhausen for their efforts in maintaining and preserving the Seal Beach Inn and Gardens. Mrs. Bettenhausen expressed their appreciation for the Resolution and commended the Council for their community interest. PROCLAMATION Mayor Risner proclaimed September 7th through September 14th, 1985 as "Seal Beach Junior Woman's Club Week." Marsha 8-12-85 Cleghorn, president, and members of the Seal Beach Junior Woman's Club, conveyed appreciation for the proclamation and recognition. president Cleghorn extended an invitation to participate in the Junior Woman's Club sponsored liMen's Leg Contest" to be held September 14th to benefit the Tot Lot adjacent to the pier. I I PUBLIC HEARING CONTINUED - ZONING TEXT AMENDMENT 2-84 The Director of Development Services presented the staff report and reviewed actions of the Planning Commission to city Council proposed changes to zoning Text Amendment 2-84. The Director reported that: 1) the Commission unanimously concurred with Council's proposal to remove the parking requirement for exterior stairways, that Council consider removal of the exterior stairway provision of this Ordinance and request the staff to review further the exterior stairway issue and prepare a Code amendment regarding same that would apply citywide; 2) the Commission, by unanimous opinion, recommended that the parking to Code provision for major interior remodeling be retained, determined that the Council recommendation to draft guidelines would be problematic since major interior remodeling cases are few and would present a wide range of possible situations, recommending that the variance process should be used for these unique situations; and 3) the Commission unanimously agreed to remove the 300 square foot limitation for major one-time or cumulative enlargement or expansion, and expressed their strong opinion that parking up to Code should be retained for major additions and improvements and additional numbers of bedrooms, based on the premise that the potential increase in density and intensity could result in impacts on other properties. The city Attorney advised that should the Council determine to approve ZTA-2-84 as presented, he would recommend a change of the language of Section 4-A-2 and the ordinance be presented for first reading at a future meeting. He stated this would not constitute a change to the ordinance that would require additional referral to the Planning commission. Mayor Risner 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. Dr. Dan patrick, 1660 Crestview Avenue, referred to an improvement that he is attempting to make to his property, and spoke in support of ZTA-2-84 and a less cumbersome procedure than presently exists for attaining City approvals for improvements. Mr. Richard Eldridge, 1009 Seal Way, read in full the communication submitted by Mr. Ribal, and in response to council confirmed that the Rental Housing Improvement Association does support ZTA-2-84. with regard to a statement in the Ribal communication relating to Code enforcement, Councilman Grgas replied that Code enforcement has been done in the past and is continuing, that the issue is presently with the procedural aspect of enforcement of Code violations. Mr. Robert Cook, 441 Central Avenue, acknowledged that the council and staff are working in good faith to resolve the nonconforming issue, noting however that the ZTA would provide bootlegged properties the same rights as legal nonconforming properties. Mr. Cook recalled that several years ago a group of property owners joined together to express their dissatisfaction with local problems, specificially high density, illegal units, and failure to provide obligatory parking, those issues eventually addressed in the General plan and several zone changes, noting that the most stringent limits were placed on heights and on alterations and modifications to nonconforming properties. He stated another significant change was the I 8-12-85 requirement for an increased amount of land for each living unit in R-2 and R-3 zones, the effect being down zoning of multi-dwelling lots to R-l single family status. Mr. Cook stated that as a consequence of that action, construction of multi-units has decreased, while construction of single family dwellings have substantially increased, a benefit to the environment and an increase in assessed valuation. Mr. Cook noted that owners of nonconforming properties I are now seeking to obtain the right to expand or alter their living units while remaining exempt from Code requirements to which other properties must comply even though those properties are in the same zone, and further, that the nonconforming properties will then reap the economic benefits of such modifications or alterations. Mr. Cook cited this as establishing dual property rights, and requested that the City Attorney report whether other municipalities practice such discriminatory zoning policies. Mr. Cook expressed his support for the existing variance procedure that allows the opportunity for tradeoffs to the benefit of the City, while complying with the intent of the General plan to move towards lower density and increased conformity. Mr. Cook stated he had previously raised the issue and expressed his concern as to whether the ZTA was in compliance with the Land Use Element of the General plan and whether properties in the same zone were being afforded equal protection, a concern that was also expressed by City staff, and to which the City Attorney had stated he would look into. The City Attorney acknowledged that the concern with the possibility of dual zoning and conflict with the General plan did warrant further study, and stated they had concluded that there was arguable conflict with the Land Use Element because the ZTA would perpetuate nonconforming uses which the existing zoning provisions propose to eliminate, I however policies in the Housing Element promote revitalization of existing housing stock and preservation of existing identities in residential areas. Mr. Stepanicich stated it is difficult to determine if there is a conflict with the General plan since several different goals are contained therein, however recommended that if ZTA 2-84 is approved, consideration should be given to amending the General plan to resolve those conflicting goals. with regard to equal treatment of properties, the city Attorney pointed out that the courts have given cities a wide latitude to justify zoning that does not necessarily treat all properties the same, and that in the event of a legal challenge in this case, it is their feeling the rationale in support of the ZTA would be the attempt to improve existing properties in the residential zone. The City Manager referred to the revised zoning comparison chart provided in the staff report, noting that Mr. Cook's objections are only directed to Item 7, major interior remodeling, and Item 19, major one-time or cumulative enlargements or expansions of ten percent of the allowable floor area, those being the items in conflict with the General Plan. Discussion continued. As a point of clarification, the City Attorney stated that the proposed zoning Text Amendment does not make nonconforming properties conforming, nor does it place a legal conforming I property into a nonconforming status that could be eligible for expansion, however it does allow alterations to be made to an existing nonconforming structure that would not otherwise be allowed, and which, in turn, does create some economic benefit. Mr. Charles Antos, 316 - loth Street, expressed his objection to the inspection provision for nonconforming properties twenty years or older, suggesting that any inspection requirement should apply to all properties of twenty years or older, and be a requirement of the Code 8-l2-85 I to obtain any building permit. with regard to code enforcement, Mr. Antos stated he felt illegal units are a major contributor to problems in the downtown area, specifically parking and circulation, also recalled that the Council had indicated they would consider amendments to the ZTA at a later time if found to be necessary. There were no other communications; Mayor Risner declared the public hearing closed. I The City Manager recommended that the proposed ordinance be adopted as presented, pointing out that it is much more flexible than what presently exists in the Code, and suggested the Planning Commission could be directed to study remaining concerns. He stated that with regard to major interior and major one-time remodels, it has been pointed out those provisions could be in conflict with the Land Use Element however may be in conformance with the Housing Element, which is a more recent document. Mr. Parker suggested that there is a responsibility of the City in relation to the Housing Element to provide affordable housing, where the Land Use Element would allow few sources of affordable housing, pointing out that if the intent is to not allow legal nonconforming units, other kinds of affordable housing would have to be sought, and noted a legal challenge to the City of Newport Beach claiming its zoning and housing policies are eliminating affordable housing, therefore there is a precedent in this area. Mr. Parker suggested that consideration should possibly be given to amending the Land Use Element to conform with the Housing Element. with regard to inspections, Mr. Baucke explained that minor enlargements or expansions will be the area of greatest activity, that inspections are proposed due to concerns as to the safety of structures of twenty years or more, noting significant changes to the UBC in 1965, particularly the Electrical Code requirements for specific types of wiring, conduits, circuit boxes, etc. He explained that inspections for minor alterations would be of the particular area of construction and of connections to the existing structure for apparent problems, noting that the fee for a minor improvement inspection is ten dollars per hour under the UBC, those inspections taking approximately twenty minutes. Mr. Baucke explained that the age of a property would be determined during the review process. The Director stated that in instances of major alterations an inspection would include areas of the structure other than the actual improvement area. The City Manager added that the staff is not proposing a mandatory inspection program, however reported some cities make a full inspection mandatory in order to insure against potentially unsafe dwellings. At the request of Council, the Director of Development Services reviewed in detail the provisions of the proposed ordinance. Mr. Baucke reported a survey is being conducted of policies of other cities relating to rebuilding of nonconforming properties in the event of catastrophic destruction, and confirmed that the Planning Commission will be studying further the installation of exterior stairways for emergency purposes. Councilman Clift stated he wished to respond to a statement in the communication from Mr. Ribal and clarify that the Council did not delete, but froze the position of Code Enforcement Officer, that the funds remain in the budget, the position to be acted upon in the future, also that code enforcement has not ceased. At the request of Council, staff explained the basis for calculating building permit fees. Discussion continued. Grgas moved, second by Brownell, to approve the Zoning Text Amendment 2-84 as presented, subject to I 8-12-85 revision of the Ordinance language as recommended by the City Attorney, the Ordinance to be presented for first reading at a future meeting. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried It was the order of the Chair, with consent of Council, to recess at 8:40 p.m. Council reconvened at 8:50 p.m. with Mayor Risner calling the meeting to order. RESOLUTION NUMBER 3501 - HONORING GEORGE "BABE" SIBON Resolution Number 3501 was presented to Council and read in full by the Mayor entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING GEORGE "BABE" SIBON." Grgas moved, second by Brownell, to adopt Resolution Number 3501 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORDINANCE NUMBER 1195 - ZONING TEXT AMENDMENT 5-85 - ZONING APPEAL PROCEDURES Ordinance Number 1195 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO CERTAIN ZONING APPEAL PROCEDURES AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance Number 1195 was waived. Brownell moved, second by wilson, to adopt Ordinance Number 1195 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3502 - COMPLETION - PROJECT NUMBER 547 - ALLEY RECONSTRUCTION Resolution Number 3502 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 #547, ALLEY RECONSTRUCTION IN lOth, 11th, & 12th STREET ALLEYS IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN DYNO CONSTRUCTION AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3502 was waived. Wilson moved, second by Brownell, to approve the recommendations of the staff and adopt Resolution Number 3502 as presented. Councilman Grgas commended the staff for the alley improvements that have been made in recent years, and stated he would encourage an expedited alley improvement program in light of the future cutback of Revenue Sharing and Block Grant funding, also suggested the staff seek alternative funding sources for this program. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3503 - DESTRUCTION - POLICE RECORDS Resolution Number 3503 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN POLICE RECORDS." By unanimous consent, full reading of Resolution Number 3503 was waived. Wilson moved, second by Clift, to adopt Resolution Number 3503 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I I I 8-12-85 I RESOLUTION NUMBER 3504 - FINAL PARCEL MAP NO. 84-l004 - MOORE - 360 - 12th STREET Resolution Number 3504 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING FINAL PARCEL MAP NUMBER 84-1004." By unanimous consent, full reading of Resolution Number 3504 was waived. Grgas moved, second by Wilson, to adopt Resolution Number 3504 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried CONSENT CALENDAR - ITEMS "J" THROUGH "s" Mayor Risner requested Item "s" removed from the Consent Calendar. Brownell moved, second by wilson, to approve the recommended action for items on the Consent Calendar, except Item "S", as presented. J. Approved the minutes of the regular City Council meeting of July 22, 1985. K. Approved regular demands numbered 57231 through 57447 in the amount of $381,825.03, and payroll demands numbered 14246 through 14438 in the amount of $155,517.02, as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. L. Denied the amended claim of James Culwell, Jr., Steven Culwell, et al, and referred same to the city's insurance adjuster. I M. Denied the claim of Rebecca Marie Shoudt, Gerald and Rose Shoudt, and referred same to the City'S insurance adjuster. N. Bids were received until 1:30 p.m., July 23, 1985, at which time they were publicly opened by the City Clerk for project Number 548, Crack Sealing on Pacific Coast Highway, as follows: Daycor, Inc. Manhole Adjusting Copp Contracting $19,344.00 32,448.00 45,344.00 Awarded the bid for project Number 548, Crack Sealing on pacific Coast Highway, to the low bidder, Daycor, Inc., in the amount of $19,344.00 and authorized the City Manager to execute the contract on behalf of the City. O. Authorized the transfer of monies from the General Fund to Accounts 4437 and 4935 for the purchase of seven bicycle racks ($1263), and aluminum trash receptacles ($1005.60). I P. Approved Change Order No. 16 to Crowley Constructors, Inc. in the amount of $82,500.00 for project Number 537-C, Reconstruction of the Seal Beach pier. Q. Received and filed the report from the Director of Public works regarding water quality in Seal Beach. R. Received and filed the report from the Finance Director regarding a rate increase and issuance of Certificate of Public Convenience for the Orange Coast Yellow Cab. 8-12-85 AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM liS" - 1985 TRAN Mayor Risner referred to the projected return on investment of the 1985 TRAN and commended staff efforts in this regard. I The City Manager reported the proposed Reagan budget, if adopted, will no longer allow TRAN issues, noting also the loss of Revenue Sharing and Housing/Community Development funds. Mayor Risner suggested a resolution be prepared expressing Council's concern with the loss of those funding sources, to be forwarded to the City's federal representatives. Councilman Grgas suggested the City also take a position regarding the issuance of tax exempt bonds. The City Manager stated a resolution would be forthcoming. Risner moved, second by Brownell, to receive and file the report from the Finance Director. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried APPEAL PROCEDURES It was the consensus of the Council to hold over consideration of appeal procedures pending a survey of other charter cities as to their policies. APPOINTMENTS - BOARDS and COMMISSIONS By unanimous consent of the Council, the District One appointments to the Civil Service Board, Environmental Quality Control Board, and Board of Appeals were held over until next meeting. APPOINTMENT - ORANGE COUNTY HEALTH PLANNING COUNCIL It was the consensus of the Council to hold this item over until next meeting. I APPOINTMENT - ORANGE COUNTY ARTS ALLIANCE Grgas moved, second by Brownell, to confirm the appointment of Mr. John Hopkins to the Orange County Arts Alliance, and Mr. Jack Osteen as the staff contact. AYES: NOES: Brownell, Clift, Grgas, Risner,'Wilson None Motion carried COUNCIL ITEMS Councilman Brownell reported the Leisure World Woodshop NO.2, the woodpeckers, designed and refurbished the interior of the vehicle that was donated to the police Department by the united parcel Service. He stated the van was the subject of a recent dedication ceremony, and presented an album of photographs to the City commemorating that occasion. Mr. Brownell also reported he is working with the Police Department and a local radio club to install communication equipment in the van for use in emergency situations. The Mayor reported she had requested staff I to prepare a resolution for Council consideration opposing the Local Coastal Barrier Zone Act. Mr. Parker reported six tracts are proposed to be opened for oil drilling, that he would be attending a meeting the following day relating to this matter, and would provide the Council with additional information. ORAL COMMUNICATIONS Mayor Risner declared oral communications open. Mr. Christopher Maier, 1009 Seal Way, spoke regarding placement 8-l2-85 of trash receptacles, cleaning of trash containers, and suggested an open letter to the public be placed in local papers bringing the trash problem to the attention of citizens. There were no other communications; Mayor Risner declared oral communications closed. I CLOSED SESSION The City Attorney reported Council would meet in Closed Session to discuss pending litigation pursuant to Government Code Section 54956.9(b). By unanimous consent, the Council adjourned to Closed Session at 9:13 p.m. The Council reconvened at 9:30 p.m. with Mayor Risner calling the meeting to order. The City Attorney reported Council had met in Closed Session to discuss pending litigation as previously reported. In response to Council., the City Manager reported the contractor's bonding for construction of the pier restaurant has been completed, plans have been sumitted, plan check nearly completed, a security fence is being installed, materials and supplies being moved into the construction area, the restaurant expected to be completed within four to five months. In response to Councilman Clift, the Director of Development Services stated that it would not be possible to accommodate the request of Mr. Hale to remove a portion of the corner of the restaurant to allow additional space for movement of equipment to the pier end without redesigning the restaurant, also explaining the difficulty in meeting the Health Department requirement to include a change room in the restaurant design. I ADJOURNMENT It was the order of the Chair, with unanimous consent of the Council, to adjourn the meeting at 9:33 p.m. d and ex-o c~o clerk of the City Council Attest: u Approved: I