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HomeMy WebLinkAboutCC Min 1983-02-14 2-14-83 Seal Beach, California February 14, 1983 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Vanderstaay calling the meeting to order with the Salute to the Flag. ROLL CALL I Present: Mayor Vanderstaay Councilmembers 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 Mr. Thomas, Finance Director Mr. Osteen, Recreation Director Mr. Antos, Principal Planner Mrs. Yeo, City Clerk 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 I the 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 PRESENTATIONS United Nations Association Mayor Vanderstaay presented the United Nations Association of the United States of America Distinguished Service Award to Ms. Delora Aichele. Ms. Aichele expressed her support for the United Nations organization and thanked the Council for the presentation. Friends of the Library Mr. Tom Blackman, 421 Beryl Cove, President of the Friends of the Library, spoke regarding the joint effort on the part of the City I and the Friends of the Library to improve the sprinkler system and the landscaping at the Mary Wilson Branch Library, expressing specific appreciation to the City Manager and Public Works personnel Mr. Lopez and Mr. Brown for their cooperation. Mr. Blackman introduced Mr. Jacoby, Treasurer of the Friends, who presented a 2-14-83 $1,000 check to the City for the purchase of plants for the Mary Wilson Library landscaping. The Mayor and City Council members ,expressed appreciation to the Friends for their contribution toward this project. I AGENDA AMENDED Risner moved, second by Brownell, to amend the agenda to include a report from the Save Our Pier group. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Save Our Pier Group Emily Frazier, Chairman, and John Eulberg, Treasurer, of the Save Our Pier group, reported $13,150 collected for the Pier fund to date with $11,000 clear after expenses, and that the funds have been obtained from the sale of bumper stickers, posters, T-shirts and direct donation. Ms. Frazier announced fund raising activities planned for the upcoming months. I PROCLAMATION Mayor Vanderstaay proclaimed the month of February, 1983 as "Children's Dental Health Month." RESOLUTION NUMBER 3245 - COMMENDING SERGEANT WILMOT "BILL" LEWIS Resolution Number 3245 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, COMMENDING SERGEANT WILMOT "BILL" LEWIS FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE CITY OF SEAL BEACH AND OUR COMMUNITY." By unanimous consent, full reading of Resolution Number 3245 was waived. Laszlo moved, second by Brownell, to adopt Resolution Number 3245 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried I ORDINANCE NUMBER 1137 - ESTABLISHING DEVELOPMENT STANDARDS - TWO- STORY CABANAS - TRAILER PARKS Ordinance Number 1137 as amended was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, 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 reading of Ordinance Number 1137 was 2-14-83 waived. The City Manager reported that subsequent to last meeting the City Attorney had rendered a legal opinion regarding the legality of allowing a two-story cabana on every other space only, consequently Section l-E(3) of the ordinance had been amended to read "No two-story cabana shall be located closer than twenty feet from another two-story cabana." Mr. Parker stated that legal counsel for the trailer park, Mr. Parrington, had prepared amendments to the Participation and Disposition Agreement relating to the twenty foot spacing regulation and requiring the property owner to remove any unfinished two-story cabana structure upon the expiration of the two year permit. The City Manager indicated that the owner of the trailer park had agreed to both amendments. Councilmember Risner reiterated her feelings that the two-story cabanas with maximum height of twenty-five feet should be approved and reported she had conducted a space to space survey in the Trailer Park, contacting ninety of one hundred twenty- six sites and reported the results of that survey which supported two-story cabana construction as proposed. Risner moved, second by Brownell, to approve the introduction of Ordinance Number 1137 and that it be passed to second reading. Discussion continued. Councilmember Grgas again expressed concern with allowing two-story cabanas, referred to Planning Commission consideration of this matter and the guidelines set forth by the Fire Department for their approval of two-story cabanas, to a February 8th memorandum from the City Manager that reported nineteen sites in the Park in violation of Title 25 requirements, and expressed concern that the cabanas will adversely effect the hotel development. With regard to fire flow in the Park, Orange County Fire Department Fire Protection Officer Hutain confirmed that the fire flow does meet Orange County requirements. It was pointed out that the tax assess- ment on cabanas is charged directly to the individual occupant/owner of the site, not to the over all Park assessment. Councilmember Brownell stated he felt the facts presented indicated a majority of the Park residents favoring the increased height limit with the conditions as proposed, and that asthetic control will be maintained through the Architectural Review Committee. Councilmember Risner I I I 2-14-83 I asked that the record reflect the importance of spacing cabanas twenty feet apart for asthetic value, control of density and for fire safety reasons. The City Manager verified that on a space to space inspection nineteen sites were found to not comply with sideyard set backs ranging from an inch up to a foot, four of which have been granted a variance by the State Depar.tment of Housing therefore preempting the City from denying a building permit for those sites, and explained that only those spaces that comply with all existing laws would be allowed to construct a cabana. It was also clarified that the twenty foot restriction between cabanas applies only to the second story, that the lower level could be as close as six feet. Councilman Laszlo asked if two-story cabanas would still be considered fire safe in light of the aforementioned violations. Hutain confirmed that no structures would be constructed on sites without full compliance to all code regulations and that fire safety requirements would be complied with if the recommended mitigating measures are imposed. Councilmember Laszlo requested that a report be provided prior to the second reading of this ordinance affirming that the Park will be fire safe, and asked if disallowing those sites with setback violations from building a cabana would present any legal problems for enforcement of standards. The City Attorney explained that the ordinance imposing standards is a separate issue from enforcement of individual violations and that a building permit may not be issued for any site that has not fully complied with all applicable laws, however the City could take action requiring individual violations to be brought into compliance, and reviewed the rationale for requiring twenty feet between cabanas as set forth in his letter of February 3rd. Councilmember Grgas recommended that this matter be referred back to the Planning Commission for further review. Mayor Vanderstaay asked if the State has regulations governing trailer park roadway specifications, if the obstruction caused by the tree planter is acceptable and reported standing water in the Park on numerous occasions. Mr. Javor, General Counsel, State Department of Housing and Community Development, stated their agency is responsible for enforcement of Title 25 and reported he had toured the Trailer Park this date and I I 2-14-83 discussed various matters with the owner of the Park. Mr. Javor referred specifically to the sideyard setback violations, noting that variances are granted for minor variations if it is deemed there is no danger to health and safety of the residents. Mr. Javor con- cluded that no fire danger appears eminent with the layout and design I of the Park, that the tree planter location is acceptable inasmuch as the turning radius appears to be adequate, and explained drainage problems often occur with settling of the ground and in certain cases, drainage improvements are required to be made. Vote on the motion to approve first reading of Ordinance Number 1137: AYES: Brownell, Laszlo, Risner NOES: Grgas, Vanderstaay Motion carried ORDINANCE NUMBER 1138 - GROUP W CABLE FRANCHISE AGREEMENT - AMENDMENT NO. 1 Ordinance Number 1138 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING AMENDMENT NO. 1 TO THE FRANCHISE AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND GROUP W CABLE, INCORPORATED." By unanimous consent, full reading of I Ordinance Number 1138 was waived. Grgas moved, second by Brownell, to adopt Ordinance Number 1138 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried ORDINANCE NUMBER 1139 - SEWER SERVICE CHARGE Ordinance Number 1139 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 19C OF THE SEAL BEACH MUNICIPAL CODE ADJUSTING THE SEWER SERVICE CHARGE." By unanimous consent, full reading of Ordinance Number 1139 was waived. The Director of Public Works presented a supplemental report to Council relating to the replacement of the sewer system within the next twenty to forty years, I noting the present day fixed asset cost of $3.4 million dollars, and recommended that the Council reconsider establishing the sewer service charge at twenty-five rather than twenty-two percent approved at last meeting in order to generate furds that will be available to cover replacement costs when necessary. Mr. Johnson reviewed a five- 2-14-83 I year replacement plan of the sewer system at an estimated cost of $363,000. Risner moved, second by Laszlo, to adopt Ordinance Number 1139 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried ORDINANCE NUMBER 1140 - WATER OPERATIONS FUND Ordinance Number 1140 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTAB- LISHING A WATER OPERATIONS' FUND AND ADDING ARTICLE XVI, SECTION 2-94 TO CHAPTER 2 OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1140 was waived. Risner moved, second by Brownell, to approve the introduction of Ordinance Number 1140 and that it be passed to second reading. ORDINANCE NUMBER 1141 - ESTABLISHING WATER PLANT and EQUIPMENT FUND Ordinance Number 1141 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA ESTABLISHING A WATER PLANT AND EQUIPMENT FUND AND ADDING ARTICLE XVI, SECTION 2-95 TO CHAPTER 2 OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1141 was waived. Risner moved, second by Brownell, to approve the introduction of Ordinance Number ll4l and that it be passed to second reading. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried ORDINANCE NUMBER 1142 - ESTABLISHING SEWER OPERATIONS' FUND Ordinance Number 1142 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING A SEWER OPERATIONS' FUND AND ADDING ARTICLE XVII, SECTION 2-96 TO CHAPTER 2 OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1142 was waived. Risner moved, second by Brownell, to approve the introduction of Ordinance Number 1142 and that it be passed to second reading. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried ORDINANCE NUMBER 1143 - ESTABLISHING SEWER PLANT and EQUIPMENT FUND Ordinance Number 1143 was presented to Council for first reading I I 2-14-83 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING A SEWER PLANT AND EQUIPMENT FUND, AND ADDING ARTICLE XVII, SECTION 2-97 TO CHAPTER 2 OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1143 was waived. Risner moved, second by Brownell, to approve the introduction of Ordinance Number 1143 and that it be passed to second reading. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: Motion carried None RESOLUTION NUMBER 3242 - CO~~NITY CENTER BUILDINGS - USE AND RENTAL SCHEDULE Resolution Number 3242 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING A USE AND RENTAL SCHEDULE FOR MUNICIPAL COMMUNITY CENTER BUILDINGS, AND RESCINDING RESOLUTION NUMBER 2745." By unanimous consent, full reading of Resolution Number 3242 was waived. It was noted rules and regulations governing the use of alcoholic beverages in municipal facilities is attached to and made a part of Resolution Number 3242. Risner moved, second by Laszlo, to adopt Resolution Number 3242 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: Motion carried None RESOLUTION NUMBER 3246 - ORANGE COUNTY COOPERATIVE PURCHASING PROGRAM Resolution Number 3246 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING AND REQUESTING PURCHASES ON CERTAIN ITEMS TO BE MADE UNDER THE ORANGE COUNTY COOPERATIVE PURCHASING PROGRAM." By unanimous consent, full reading of Resolution Number 3246 was waived. Brownell moved, second by Laszlo, to adopt Resolution Number 3246 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: Motion carried None RESOLUTION NUMBER 3247 - CITY FUNDS - AUTHORIZING TEMPORARY CASH TRANSFERS Resolution Number 3247 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING I I I 2-14-83 TEMPORARY CASH TRANSFERS AMONG CITY FUNDS." By unanimous consent, full reading of Resolution Number 3247 was waived. Brownell moved, second by Risner, to adopt Resolution Number 3247 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay I NOES: None Motion carried RESOLUTION NUMBER 3248 - ADOPTING DRAFT COASTAL LAND USE PLAN AS AMENDED At the request of the City Manager, Resolution Number 3248 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING THE DRAFT COASTAL LAND USE PLAN AS AMENDED, AS A SPECIFIC PLAN OF THE CITY OF SEAL BEACH GENERAL PLAN AND REPEALING RESOLUTION NUMBER 3055" was held over to next meeting to be considered under public hearing. RESOLUTION NUMBER 3249 - GROWING OF NURSERY STOCK - AFFIRMING PLANNING COMMISSION DETERMINATION Resolution Number 3249 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AFFIRMING THE PLANNING COMMISSION'S DETERMINATION THAT THE GROWING OF NURSERY STOCK BE CON- I SISTENT WITH SECTION 28-400(3) OF THE ZONING CODE." By unanimous consent, full reading of Resolution Number 3249 was waived. It was r~ported that the proposed nursery use would occur on the 16.5 acre site north of Edison Park which is zoned R-l and it was noted the Planning Commission had determined that the growing of nursery stock in containers to be consistent with Section 28-400(3) of the Zoning Code. Risner moved, second by Laszlo, to adopt Resolution Number 3249 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried CONSENT CALENDAR - ITEMS "0" THROUGH "T" Councilmember Risner requested Item "R" removed from the Consent I Calendar; Mayor Vanderstaay requested that Item "0" be removed. Laszlo moved, second by Vanderstaay, to approve the recommended action for items on the Consent Calendar, except Items "0" and "R", as presented. P. Approved regular demands numbered 47047 through 47231 in the amount of $286,434.58; payroll demands 2-14-83 numbered 3719 through 3865 in the amount of $119,336.78; and the transfer of $160,522 from the General Fund to the Redevelopment Agency for the Surfside Revetment. Q. Approved the extension of the local emergency for a period of two weeks. S. Bids were received until 10:00 a.m., January 13, 1983 I by the City Clerk at which time they were publicly opened for Armed Forces Reserve Center Park, Project Number 5l4-B as follows: Tight Spot, Inc. Challenge Engr., Inc. Ian Company Mathis Constr., Inc. Allied Sprinkler Co. Terra-Cal Constr.,lnc. Javaid Enterprise, Inc. Tracy & Haith Landscape, Inc. Nelson & Belding Constr. Corp. Manes Excavating & Grading, Inc. Aka-Tani Landscape Co. A.F. Smith & Sons Construction Co. Industrial Turf, Inc. Valley Crest Landscape, Inc. Kawai Bros. & Kawai Bros. Equipment Diversified Shoring Found. Co., Inc. Clarke Contracting Corp. T.J. Crosby, Co. ,Inc. Dearmond Construction HJH Western Contractors, Inc. W. E. Gross Construction, Inc. Gaudenti & Sons Landscaping Corp. Basic Bid $ 165,739.64 187,505.40 188,824.14 192,300.00 194,191.10 206,313.00 213,660.00 216,669.20 216,936.00 218,943.00 220,560.50 220,742.00 222,572.80 231,191. 00 233,344.00 233,791.17 236,520.50 240,506.20 243,703.95 260,962.92 265,122.86 390,595.00 Alternate Bid $ 171,409.64 183,025.40 181,663.14 190,719.00 194,191.10 208,203.00 213,660.00 214,674.20 217,986.00 214,218.00 218,324.00 219,692.00 222,467.80 233,249.00 233,722.00 230,946.72 237,833.00 237,566.20 237,966.56 I 255,187.92 261,365.96 348,595.00 Approved the recommended action to: 1) reject all bids and hold over the project pending availability of additional funds, (State SB 203 monies expected to be available after I July 1, 1983); 2) direct staff to continue coordinating soil importation with the County Flood Control District (project to commence on or about May 1, 1983, a saving of approximately $37,500 in project costs to the City; 3) direct specifications be revised to delete the soil import 2-14-83 I item; and 4) authorized the staff to rebid the project upon the availability of State SB 203 funds. T. Granted a time extension of twelve months for Tentative Parcel Map #82-1001, Hellman property. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "0" - MINUTES Mayor Vanderstaay stated she would abstain from voting on the January 24th minutes as she was absent from that meeting. Laszlo moved, second by Vanderstaay, to approve the minutes of the January 10, 1983 regular meeting and the January 31, 1983 special meeting as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Laszlo moved, second by Risner, to approve the minutes of the January 24, 1983 regular session as presented. AYES: Brownell, Grgas, Laszlo, Risner NOES: None ABSTAIN: Vanderstaay ITEM "R" - PIER/WEST BEACH REDEVELOPMENT Motion carried I I Councilmember Risner requested that the City Manager investigate the availability of tax increment money that could be used to rebuild the municipal pier by declaring that the pier is a benefit to the River- front Redevelopment Project rather than placing the pier in a Project Area. Risner moved, second by Brownell, to hold this item over to next meeting for a report from the City Manager. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried CITY MANAGER REPORTS The City Manager reported that Zoeter School has been designated as the Disaster Relief Center for the County of Orange, that the Center opened this date and briefly outlined individual assistance and loan programs available. The City Manager reported that Federal public assistance will be available on a seventy-five, twenty-five percent match with local, county or state funds that could be used for pier 2-14-83 and parking lot repair, noting that negotiations for funds is expected to take a minimum of six months therefore reconstruction of the pier could not begin before late this year. It was reported staff will be attending a meeting to be held in Montebello on February 15th relating to assistance for damages to public facilities that will be conducted by State and Federal officials. Councilmember Risner requested that a meeting be set with F.E.M.A. during her visit to Washington, D.C. APPOINTMENT - DEPARTMENT OF WATER AND POWER SPECIFIC PLAN COMMITTEE Brownell moved, second by Risner, to confirm the appointment of Mr. John Broaddus to the Department of Water and Power Specific Plan Committee from District Five. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried ORAL COMMUNICATIONS Mayor Vanderstaay declared oral communications open. Councilmember Risner read a letter from a Seal Beach resident that had been published in the Register regarding the Seal Beach pier and supporting the Save Our Pier group fund raising efforts. There were no other oral communi- cations; Mayor Vanderstaay declared oral communications closed. CLOSED LEGAL SESSION It was the order of the Chair with consent of the Council to adjourn to Closed Legal Session at 8:25 p.m. The meeting reconvened at 8:57 p.m. with the Mayor calling the meeting to order. The City Attorney reported that the Council had met to discuss potential litigation. Councilmember Laszlo asked that the Planning Commission study fee dedications for commercial developments. The City Attorney stated that regulations are contained within the State Subdivision Map Act and offered to review those provisions and report back to Council. ADJOURNMENT Laszlo moved, second by Risner, to adjourn the meeting at 8:59 p.m. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES:. None Motion carried I I I 2-14-83 / 2-28-83 APprovedj~)~ ~~t~. Mayor c:::r "','" Q-".?Jh{ ~ City Clerk / I Seal Beach, California February 28, 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. ROLL CALL Present: Mayor Vanderstaay Councilmembers 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 Chief Dorsey, Lifeguard Department Mr. Antos, Principal Planner Mrs. Yeo, City Clerk Engineer I WAIVER OF FULL READING Brownell 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 the 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 PROCLAMATION Mayor Vanderstaay proclaimed March 19, 1983 as "Walk to Save a Child's Sight" day. I PUBLIC HEARING - ADOPTING DRAFT COASTAL LAND USE PLAN Mayor Vanderstaay declared the public hearing open to consider adoption of the Land Use Component to the City'S Local Coastal Plan. Principal Planner, Mr. Antos, presented the staff report, explaining that each city or county in the coastal zone is required to adopt a Local Coastal Plan pursuant to the Coastal Act of 1976 and upon approval and