Loading...
HomeMy WebLinkAboutCC Min 1983-01-10 1-10-83 Seal Beach, California January 10, 1983 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Vanderstaay calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Vanderstaay Councilrnembers Brownell, Grgas, Laszlo, Risner Absent: None Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Johnson, Director of Public Works/City Engineer Chief Picascia, Police Department Mr. Antos, Principal Planner Mr. Stickney, Assistant City Engineer Mrs. Yeo, City Clerk WAIVER OF FULL READING Risner moved, second by Laszlo, 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 I title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried PUBLIC HEARING - AMENDING DEPARTMENT OF WATER AND POWER SPECIFIC PLAN - ADVISORY COMMITTEE Mayor Vanderstaay declared the public hearing open to consider amending the Department of Water and Power Specific Plan, Section 4-i, relating to the creation of an Advisory Committee. The City Clerk certified notices were published as required by law and that no communications had been received either for or against this matter. Mayor Vanderstaay invited members of the audience wishing to address this item to come to the microphone and state their name and address for the record. I Barbara Rountree, 1527 Marine Avenue, spoke in support of the proposed amendment on behalf of the San Gabriel Park Society. There were no other communications; Mayor Vanderstaay declared the public hearing closed. 1-10-83 RESOLUTION NUMBER 3236 - AMENDING DEPARTMENT OF WATER AND POWER SPECIFIC PLAN - ADVISORY COMMITTEE Resolution Number 3236 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING RESOLUTION NUMBER 3228, THE DEPARTMENT OF WATER AND POWER SPECIFIC PLAN." I By unanimous consent, full reading of Resolution Number 3236 was waived. Grgas moved, second by Risner, to adopt Resolution Number 3236 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried ORDINANCE NUMBER 1136 - RESERVE POLICE OFFICERS - POLICE POWERS Ordinance Number 1136 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO THE APPOINTMENT OF DESIGNATED RESERVE POLICE OFFICERS AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance N~mber 1136 was waived. The Police Chief presented the staff report and explained that a recently enacted State statute I creates an advanced rating for qualified reserve police officers and allows those officers so designated by the Chief of Police full powers and duties of a regular police officer on a twenty-four hour per day basis. Risner moved, second by Grgas, to approve the introduction of Ordinance Number 1136 and that it be passed to second reading. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried ORDINANCE NUMBER 1137 - DEVELOPMENT STANDARDS - CABANAS - TRAILER PARK Proposed Ordinance Number 1137 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISHING DEVELOPMENT STANDARDS FOR TWO-STORY CABANAS WITHIN A MOBILE HOME PARK OR TRAILER PARK AND AMENDING THE SEAL BEACH MUNICIPAL CODE." By unanimous consent, full I reading of Ordinance Number 1137 was waived. The Director of Public Works stated that pursuant to City Council action, the proposed ordinance incorporates the recommendations of the Planning Commission and Fire Department and places a time limit for completion of two-story cabanas. Mr. Johnson stated that a recommendation will be submitted to the Redevelopment Agency to establish architectural guidelines for 1-10-83 two-story cabanas and to appoint the Planning Commission as an architec- tural review board. Mayor Vanderstaay expressed concern that there will be increased fire danger with the construction of two-story cabanas, the tree planter obstructing the roadway, the close proximity of the trailers, referred to the value of the Trailer Park property and the aesthetic effect of two-story and unfinished cabanas on surrounding properties, the petition signers, and the continuance of low/moderate income housing in the Trailer Park. Councilmemher Grgas stated he had expressed his objection to raising the height limit for cabanas during the December 13th public hearing however added he was also concerned that there may be irregularities relating to plan checking, inspections and permit verification for cabana construction on the part of the City staff and requested this be investigated and a written response provided the Council. The City Manager stated he would investigate and respond to the concerns expressed by Councilman Grgas. Councilmember Risner briefly reviewed the history of the Trailer Park, its redevelopment in the late 1970's which included cabana replacement, recalling that concern over the height of the first constructed cabanas led to the City imposing a height limit of fifteen feet, and expressed her support for increasing the height limit to twenty-five feet as requested by the Park residents, and pointed out that the conditions of construction will impose stringent safety regulations. Risner moved, second by Brownell, to approve the introduction of Ordinance Number 1137 with amended Section l-B "Planning Commission Approval" and that Ordinance Number 1137 be passed to second reading. With regard to completion of structures, the City Engineer stated Section I-F of the ordinance provides for a two year time limit for construction with a requirement that all partially completed improvements be removed within ninety days of written notice after the two year period. The City Attorney confirmed that it would also be possible for the City to remove any substandard structure and place an assessment on the tax roll. Council- member Laszlo stated he wanted further assurance that the cabanas would not create a fire hazard. Orange County Fire Department representative Mr. Hutain, responded that if the measures outlined by the Fire Department are imposed as well as the City's building requirements, I I I 1-10-83 I there should be no foreseeable fire hazard connected with two-story cabanas. With regard to restricting two-story cabanas to every other space, Fire Protection Planner Hutain clarified this provision was a recommendation of the Planning Commission not the Fire Department and stated the mitigating measures submitted by the Fire Department were developed on the premise that a cabana could be built on each space. The City Attorney explained that the legal test would be the reason- ableness of the restriction and there is no guarantee that a legal challenge would not be sustained. Attorney Stepanicich stated further that nothing would prevent the City from determining that such spacing was required in order to assure fire safety in the Park, however such restriction would be strengthened on the part of the City if it were imposed based upon certain expert recommendation. Councilman Laszlo asked if the City could require a statement by the resident wishing to construct a cabana waiving any financial responsibility on the part of the City. The City Attorney suggested that the permit application form could have a statement that the applicant assumes the full financial responsibility and that the City takes no responsibility for the financial aspect of the construction or maintenance of the cabana. Although a public hearing had been held on this matter at a previous meeting, the Council by unanimous consent, allowed public comments at this time. Mr. Dawson, owner of the Trailer Park, Mike Neubeubel and Ed Clute, Trailer Park residents, spoke in favor of the increased height limit for two-story cabanas; Earl Lane, Director, Golden State Mobile Homeowners League, John Hampton, 101 Electric, Todd Perrin, Planning Commissioner, Suzanne Fekjar, 485 Schooner Way, and Paul Jeffers, Park resident, spoke to the issue and/or opposed the proposed height increase. Specific points of discussion included Title 25 requirements, lot line markings, street width and accessibility for emergency equipment, pedestrian safety, set backs, and two year construction deadline. In addition, it was pointed out that the roadway where the tree planter encroaches had been redesigned for safety equipment access by the City's Fire Department, that the cottonwood trees were retained at the direction of the City, that lot lines are permanently marked with utility pedestals, that the Title 25 fourteen I I 1-10-83 foot height limit had been waived by the State, that the water system and fire flow is adequate in the Park and it was suggested that a Trailer Park resident committee be formed to deal directly with Park issues. Two petitions were presented to the Council, one signed by of the Park, opposing the proposed cabana height increase. In response I Trailer Park residents, the other by persons residing in the vicinity to a complaint, the City Manager stated he would investigate the rear setback at 23 Cottonwood Lane. Councilmember Laszlo requested that the City Attorney investigate and report back the consequence of restricting two-story cabanas to every other space, an explanation of all legal means to resolve unfinished structures and the requirement for permanent visible designation of lot lines. Vote on the motion to approve first reading of Ordinance Number 1137 as amended: AYES: Brownell, Laszlo, Risner NOES: Grgas, Vanderstaay Motion carried It was requested that this Ordinance not be considered for second reading I for thirty days. Mayor Vanderstaay declared a recess at 9:17 p.m.; the meeting reconvened at 9:31 p.m. with the Mayor calling the meeting to order. RESOLUTION NUMBER 3234 - DEPARTMENT OF WATER and POWER SPECIFIC PLAN ADVISORY COMMITTEE Resolution Number 3234 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CREATING A DEPARTMENT OF WATER AND POWER SPECIFIC PLAN ADVISORY COMMITTEE." By unanimous consent, full reading of Resolution Number 3234 was waived. Risner moved, second by Vanderstaay, to adopt Resolution Number 3234 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried I RESOLUTION NUMBER 3237 - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACT - EIGHTH YEAR - ALLEY REPAIR Resolution Number 3237 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACT WITH THE COUNTY OF ORANGE IN APPLYING FOR FUNDS FOR PUBLIC WORKS ALLEYS UNDER THE HOUSING AND 1-10-83 COMMUNITY DEVELOPMENT ACT OF 1974." By unanimous consent, full reading of Resolution Number 3237 was waived. Grgas moved, second by Brownell, to adopt Resolution Number 3237 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay I NOES: None Motion carried RESOLUTION NUMBER 3238 - COMPLETION - EMERGENCY REVETMENT - SURFS IDE COLONY Resolution Number 3238 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 #518, CONSTRUCTION OF AN EMERGENCY REVETMENT AT SURFS IDE COLONY IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN L. S. HAWLEY CORPORATION AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3238 was waived. Brownell moved, second by Grgas, to adopt Resolution Number 3238 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried I PROPOSED RESOLUTION NUMBER 3240 - LICENSE AGREEMENT - ROSSMOOR BUSINESS CENTER - NORTH SEAL BEACH COMMUNITY CENTER Proposed Resolution Number 3240 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A LICENSE AGREEMENT BETWEEN DOLLAR BUSINESS CENTRE (ROSSMOOR BUSINESS CENTER) AND THE CITY OF SEAL BEACH CONCERNING NORTH SEAL BEACH COMMUNITY CENTER AND COMMON AREAS" was removed from consideration by unanimous consent of the Council as requested by the City Manager. CONSENT CALENDAR The City Manager requested that Item "L" be removed from the Consent Calendar. Grgas moved, second by Brownell, to approve the recommended action for Consent Calendar items "I" through "0" except Item "L" as presented. I I. Approved the minutes of the December 12, 1982 special meeting, the December 13, 1982 regular meeting and the December 20, 1982 regular adjourned meeting. J. Approved regular demands numbered 46586 through 46890 in the amount of $315,573.87; payroll demands 1-10-83 numbered 3260 through 3562 in the amount of $118,525.93; and transfer of $82,015.68 from the Vehicle Depreciation Fund to cover the General Fund portion of the demands including pre-issues. K. Received and filed the memorandum from the Assistant City Manager confirming the change in meeting time I of the Civil Service Board to the first Thursday of the month at 7:00 p.m. M. Approved the reappointment of Mayor Vanderstaay as the City's representative to the Orange County Vector Control for the two year term expiring December 31, 1984. N. Bids were received until 10:00 a.m., December 17, 1982, for Marina Park Extension, Project Number 520, at which time they were publicly opened as follows: STG Environmental Waggoner Bldg. Co. Javaid Enterprises Mathis Construction Co. Challenge Engineering, Inc. RG Construction Wakeham Construction Valley Crest Landscape Industrial Turf, Inc. Ryco Construction BASIC BID Park w/3 Handball Courts ALTERNATE BID Park w/2 Handball Courts I $ 90,585.12 123,463.25 124,601.43 126,609.79 138,021.86 139,039.00 141,540.83 148,169.31 149,702.25 154,451. 00 $ 91,691.14 101,006.76 119,869.03 103,123.79 125,510.86 114,205.00 131,576.83 131,669.31 135,760.25 140,051. 00 Awarded the bid for Marina Park Extension, Project Number 520 to STG Environmental, Inc. as the lowest responsible bidder, in the amount of $91,691.14 for the alternate bid and authorized the City Manager to execute the contract. O. Pursuant to Section 15 of the Cooperative Equipment Sharing Agreement entered into by the City of Seal Beach on May 29, 1979, directed that notice be I forwarded to each of the seven remaining West Orange County cities of the withdrawal from the agreement by the City of Seal Beach and the adoption/participation in a new agreement; approved the Orange County 1-10-83 Cooperative Equipment Sharing Agreement and authorized the City Clerk to transmit a certified copy to the Secretary/Treasurer of the City Engineers Association of Orange County. I AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Items Removed From the Consent Calendar ITEM "L" - RESOLUTION NUMBER 3239 - AUTHORIZING DESTRUCTION OF RECORDS - PERSONNEL Resolution Number 3239 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL REACH, CALIFORNIA, AUTHORIZING DESTRUCTION OF CITY RECORDS PURSUANT TO GOVERNMENT CODE SECTIONS 34090 AND 34090.5." By unanimous consent, full reading of Resolution Number 3239 was waived. Risner moved, second by Brownell, to adopt Resolution Number 3239 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried I CITY MANAGER'S REPORTS The City Engineer reported meeting with the Corps of Engineers regard- ing the Anaheim Bay dredging project and stated the Corps will start placing sand on the Surfs ide beach on January 17th and on the main beach by January 24th with the entire project anticipated to be completed by June. The City Manager referred to a Register news article that analyzed the effect of Proposition 13 on cities. copies of which had been provided the Council. ORAL COMMUNICATIONS Mayor Vanderstaay declared oral communications open. Councilmember Laszlo reiterated his request that the City Attorney investigate the legal requirement for lot line designations in trailer parks and that I the ordinances increasing allowable cabana height and imposing construc- tion conditions be postponed until the first meeting in February. The Mayor stated she would also like those items held over as she would be absent from the last meeting in January. Councilmember Risner requested that matters that are scheduled for consideration and a vote at the Orange County Division League meetings be placed on the Council agenda 1-10-83 / 1-24-83 for discussion prior to the League meeting. Mrs. Risner also conveyed appreciation to the Public Works Department from a Hill resident for removal of a tree that caused hazardous conditions. There were no other oral commun~cations; Mayor Vanderstaay declared oral communica- tions closed. I ADJOURNMENT Laszlo moved, second by Brownell, to adjourn the meeting at 9:42 p.m. AYES: Brownell Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Approved: ~I~" Ua.A...J.a.....,J- ~~ . Mayor cr- Attest: I Seal Beach, California January 24, 1983 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Pro Tempore Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTempore Laszlo Councilmembers Brownell, Grgas, Risner Absent: Mayor Vanderstaay Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Johnson, City Engineer/Director of Public Works Mr. Osteen, Recreation Director Chief Dorsey, Lifeguard Department Mrs. Yeo, City Clerk I WAIVER OF FULL READING Risner moved, second by Grgas, 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