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HomeMy WebLinkAboutCC Min 1984-06-25 6-21-84 / 6-25-84 on the Surfs ide beach starting July lst, however no towers will be in place. Mr. Grgas requested that the Chief communicate this information to the Surfs ide Board. Recreation Director, Mr. Osteen, reported no major changes in that departmental budget, however did report increased revenue resulting from fees required for the use of alcoholic beverages in the Community Centers, with other revenue sources remaining stable. Councilman Grgas requested that the staff look into some type of recreation facilities for small children residing in the eastern portion of the downtown area. The City Manager recommended that the Recreation and Parks Commission study the request. In response to Council, the Assistant City Manager reported that the Presley condominium in-lieu fees are in a special account and invested. The City Manager added that the presley in-lieu fees will be returned to whomever has fee title to the land at the end of five years. Councilman Clift referred to water and sewer services that are provided to the Sunset Aquatic Park, and inquired if the return to the City is cost effective for service and manpower required. The City Manager stated he would look into the matter and report back to Council I ADJOURNMENT Wilson moved, 4:29 p.m. second by Clift, to adjourn the meeting at AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ?>>? and ex-offi io clerk of the City Council I Approved: ~t!:....v & -- ~~" - ~..eR Ma or Attest i!).....~ City CI k Seal Beach, California June 25, 1984 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Brownell calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Brownell Councilmembers Clift, Grgas, Risner, Wilson Absent: None 6-25-84 Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Stickney, Assistant City Engineer Mrs. Yeo, City Clerk I WAIVER OF FULL READING 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 Councilmembers 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 PUBLIC HEARING - APPEAL A-I-84 (V-6-84) - SHAFFER - 328 12th STREET Grgaa moved, second by Risner, to postpone consideration of this item until the arrival of Mr. Shaffer. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I PUBLIC HEARING - 1984/85 FISCAL YEAR BUDGET Mayor Brownell declared the public hearing open to consider the 1984/85 fiscal year budget and the proposed use of Revenue Sharing Funds in relation to the entire 1984/85 budget. The City Clerk certified that notice of public hearing was published as required by law and that no communications had been received for or against this item. The Assistant City Manager presented the staff report, stating that the 1984/85 budget incorporates all items added to and deleted from the proposed budget pursuant to Council actions during the budget workshops, for a revised, balanced budget totalling $10,88l,060. The Assistant reported that revenue Sharing funds, including interest earned, in the amount of $203,000 are included in the budget proposed to be allocated to the Police Department. Mr. Joseph noted that there are no significant changes in the 1984/85 budget with the exception of two new positions, a Records Supervisor in the Police Department, and an Administrative Aide in the Engineering and Planning Departments. Councilmember Risner inquired if funds had been included for the cost of developing an Emergency Management Plan, and if the State OES had been contacted. The Assistant City Manager responded that $6,000 had been included in the budget, and reported that the City'S emergency management representative had reported that the City is in the process of developing a plan ~n conjunction with all other Orange County cities and that a joint seminar is planned. Councilmember Risner recalled that the Council, during a workshop session, had requested that the staff contact OES and arrange for an emergency management workshop within the City. There were no other communications; Mayor Brownell declared the public hearing closed. I The City Manager stated that agenda item "G", appropriations limit, should be acted upon at this time and that a copy of the resolution adopting the budget had been provided Council at this meeting. RESOLUTION NUMBER 3392 - 1984/85 APPROPRIATIONS LIMIT and RESOLUTION NUMBER 3394 - ADOPTING 1984/85 FISCAL YEAR BUDGET Resolution Number 3392 entitled "A RESOLUTION OF THE CITY 6-25-84 COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1984/85 AS REQUIRED BY ARTICLE XIIIB OF THE STATE CONSTITUTION MORE COMMONLY KNOWN AS PROPOSITION 4, THE GANN INITIATIVE" and Resolution Number 3394 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING A BUDGET FOR THE CITY OF SEAL BEACH FOR FISCAL YEAR 1984/85" were presented to Council. By unanimous consent, full reading I of Resolutions numbered 3392 and 3394 was waived. The Finance Director explained that the limitation will be adjusted, pursuant to the Council's actions relative to discretionary funds, after the effective date of the subject ordinances. Risner moved, second by Wilson, to adopt Resolution Number 33g2 and Resolution Number 3394 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried PUBLIC HEARING - APPEAL A-l~84 (V-6-84) - SHAFFER - 328 l2th STREET Mayor Brownell declared the public hearing open to consider Appeal A-I-84 to Planning Commission denial of Variance 6-84 to allow a major two-story addition to a legal non- conforming property without providing the required parking. The City Clerk certified that notice of public hearing had been published and mailed as required by law, and reported receipt of a communication objecting to present parking conditions from Ms. Linnemann, 335 - l3th Street. The City Manager presented the staff re~ort as prepared by the Principal Planner, summarizing the action of the Planning Commission and Planning staff, and concluding that the City has no authority to grant a variance pursuant I to the City's zoning laws. He explained, however, that extenuating non-planning issues exist that may be legally taken into consideration by the City Council. Mr. Parker reported that the original building permit, for a garage addition, was issued at a time when the City was without a Principal Planner, and that a conditional use permit or variance should have been required at that time; that a subsequent amendment to the plan, for a second-story living quarters, required approval by the Planning Commission, however both permits were issued by the Building Department without the required approvals. He stated that the allegation that Mr. Shaffer and his contractor misrepresented the status of the property appears to be a moot point, and that an on-site inspection of the property or verification of the property's use through examination of the City's records should have been made prior to issuance of any permit, also, that plans should have been reviewed by the City's contract planner, willdan & Associates, before approval was given. In addition, the City Manager reported that the property had been inspected several times over a four month construction period before any stop order was issued. Mr. Parker pointed out that Mr. Shaffer would undoubtedly suffer financial hardship should the variance be denied, which is not grounds for issuing a variance under the auspices of the City's zoning I laws, however cited a City Council action approving the issuance of a variance in September 1981 due to financial hardship caused by permits that were also incorrectly issued. Mr. Parker explained that three living units existed before construction commenced, that three units will continue to exist, therefore there will be no increase to the density of this property. The City Manager recommended City Council approval of the variance on grounds similar to the variance 6-25-84 I approved in 1981. Additionally, the City Manager stated some concern has been expressed regarding the new door opening that could possibly provide access to additional living quarters -in the future, and reported the applicant indicated his agreement to file a CC & R or deed restriction on the use of the property, which would allow the City to take legal action for any future deviation ~iom this use. In response to Council, the City Manager .stated that the Building Department had confirmed the need for two doors into the living area. The City Manager reported that the City Attorney had revised the findings of approval contained in the proposed Resolution as follows: 1) Unnecessary hardships exist with this application which were not created by the applicant but rather by the erroneous issuance of building permits by the City; 2) A financial hardship was created through no fault of the applicant who expended substantial sums of money in reliance upon the permits issued by the City; and 3) Approval of the Appeal will not cause any precedent for higher density approvals in any zone of the City and will not be harmful to the public health, safety, and general welfare. The City Attorney suggested two conditions of approval, requiring conformity to Building Code requirements, and restricting the density of the property use. Mr. Gregory Shaffer, 328 - 12th Street, spoke in favor of his variance request, stated his agreement to legally restrict the property to three units and the addition of one more door. Mr. John DeWitt, 1105 Electric Avenue, spoke in support of the off-street parking proposed for this property, and for granting the v,ariance as conditioned. There were no other communications; Mayor Brownell declared the public hear ing closed. I RESOLUTION NUMBER 3393 - GRANTING APPEAL A-I-84 (V-6-84) - SHAFFER - 328 - l2th STREET Resolution Number 3393 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL .OF THE CITY OF SEAL BEACH, CALIFORNIA, GRANTING APPEAL A-1-84 FILED ON THE PLANNING COMMISSION'S DENIAL OF VARIANCE V-6-84." By unanimous consent, full reading of Resolution Number 3393 was waived. The City Attorney recommended that Appeal A-l-84 be conditioned as follows: I) That all new construction shall conform to all requirements of the Building Code; and 2) Necessary documents shall be executed by the applicant, as approved by the City Attorney, restricting the density of the development to the existing density on the property. Risner moved, second by Clift, to adopt Resolution Number 3393 as amended. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ,I ORDINANCE NUMBER 1164 - REPEALING VEHICLE DEPRECIATION and PLANT AND EQUIPMENT FUNDS Ordinance Number 1164 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 2 OF THE SEAL BEACH MUNICIPAL CODE, REPEALING ARTICLE XI, VEHICLE DEPRECIATION AND REVOLVING FUND AND ARTICLE XV, PLANT AND EQUIPMENT FUND." By unanimous consent, full reading of Ordinance Number 1164 was waived. Grgas moved, second by Clift, to adopt Ordinance. Number 1164 as presented. AYES: NOES: Brownell, Clift, Grgas, wilson Risner Motion carried 6-25-84 ORDINANCE NUMBER 1165 - CASH BASIS WORKING CAPITAL FUND - FUND BALANCE Ordinance Number l165 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 2, ARTICLE X, CASH BASIS WORKING CAPITAL FUND, OF THE SEAL BEACH MUNICIPAL CODE." By unanimous consent, full reading of Ordinance Number 1165 was waived. Clift moved, second by Risner, to adopt Ordinance Number ll65 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ORDINANCE NUMBER l169 - FEE SCHEDULE - IMPOUNDED ANIMALS Ordinance Number 1169 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 3, ARTICLE III, OF THE SEAL BEACH MUNICIPAL CODE RELATING TO ANIMALS AND FOWL." By unanimous consent, full reading of Ordinance Number 1169 was waived. The Assistant City Manager reported that the proposed Ordinance brings the City into compliance with the approved revised County fee schedule for animals impounded at the Orange County shelter, effective July I, 1984. Grgas moved, second by Clift, to approve the introduction of Ordinance Number 1169 and that it be passed to second reading. AYES: NOES: Brownell, Clift, Grgas, Risner, wilson None Motion carried RESOLUTION NUMBER 339l - A.H.F.P. - MASTER PLAN OF ARTERIAL HIGHWAYS . Resolution Number 339l was presented to Council entitled I "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, INFORMING THE ARTERIAL HIGHWAY FINANCING" PROGRAM ADVISORY COMMITTEE OF THE STATUS OF THE CITY OF SEAL BEACH MASTER PLAN OF ARTERIAL HIGHWAYS." By unanimous consent, full reading of Resolution Number 339l was waived. The Assistant City Engineer reported that the Resolution is a annual requirement for the Arterial Highway Financing Program to requalify for participation in the Orange County program and to notify A.H.F.P. whether or not there are modifications to the Seal Beach Master Plan of Arterial Highways. He noted that the County contributes fifty percent of the cost for qualifying portions of eligible projects. Clift moved, second by Risner, to adopt Resolution Number 3391 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried CONSENT CALENDAR - ITEMS "H" THROUGH "0" Councilmember Risner requested Item "M" removed from the Consent Calendar and the City Manager requested Item "N" removed. The City Manager stated that the recommended action for Item "K" should reflect execution of the Agreement by the City Manager rather than the Mayor. Grgas moved, second by Wilson, to approve the recommended action for items on the Consent Calendar, except Items "M" and "N", as presented. I H. Approved the minutes of the regular meeting of May 29, 1984, regular adjourned meeting of June 5, 1984, and the regular meeting of June ll, 1984. I. Approved regular demands numbered 52501 through 52704 in the amount of $496,333.l2, and payroll 6-25-84 demands numbered 9381 through 9545 in the amount of $124,809.73 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for the-same. I J. Denied the claim of Clifford Robinson. K. Approved the Amendment to the Agreement with' the County of Orange for Park Revenue Sharing Funds allocated to the Armed Forces Reserve Center Park Project, extending the completion date for the project to August 3l, 1985, and authorized the City Manager to execute the Amendment on behalf of the City. L. Authorized.the City Manager to execute and submit the application for SB 821 Bicycle and pedestrian Facility Program funds for fiscal year 1984/85,. said funds designated for citywide sidewalk repairs. O. Accepted the resignation of Mr. Joseph Siler from the Civil Service Board representing Councilmanic District Four and declared the position vacant. AYES: Brownell, Clift, Grgas, Risner, wilson NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "M" - COASTAL CONSERVANCY GRANT AGREEMENT - PIER RESTORATION Councilmember Risner questioned the small amount, $200, set forth for restaurant repair. The. City Manager reported that the subject Agreement, for $88,lOO grant funds, does not address recent Council action regarding the pier restaurant rehabilitation, that funds'for that project would be under separate agreement. Grgas moved, second by Risner, to approve the Agreement between the City and the State Coastal Conservancy for pier restoration funds, and authorized the City Manager to execute the Agreement on behalf of the City. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEM "N" - AGREEMENT - LIABILITY INSURANCE ADMINISTRATORS The City Attorney recommended that the Agreement be amended to include an insurance provision to be approved by the City Attorney. Grgas moved, second by Clift, to approve the Agreement for liability insurance administration with Carl Warren & Company, as amended and upon approval of the City Attorney, for a period of one year, and authorized the City Manager to execute the Agreement' on behalf of the City. .1 AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RECOMMENDATIONS - DOWNTOWN REVITALIZATION TASK FORCES Recommendations of the Market & Business Analysis and Parking & Urban Design Task Forces on the Downtown Revitalization Study had been provided to the Council for study, and the City Manager reported that the Planning Commission has reviewed and discussed the recommendations and forwarded same to the Council. The City Manager requested that the recommendations be discussed at a study session in the latter part of July. Grgas moved, second by Risner, to receive and file the recommendations. 6-25-84 AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried It was the order of the Chair, with consent of Council, to recess at 7:57 p.m. The meeting reconvened at 7:58 p.m. with Mayor Brownell calling the meeting to order. AGENDA AMENDED Risner moved, second by Grgas, to amend the agenda to include a discussion relative to the pier, as requested by the City Manager. I AYES: NOES: . Brownell, Clift, Grgas, Risner, Wilson None Motion carried PIER RECONSTRUCTION CONTRACT The City Manager reported the City Attorney has written a letter to the surety company for the Phase III pier reconstruction, requesting a response from them by Wednesday of this week as to when they will be placing a contractor on the pier for completion of this phase. Mr. Parker explained that should the surety company choose not to replace the contractor, the next action on the part of the City would be to retain a contractor to complete the project and prepare for litigation against the bonding company. The City Manager reported that the negotiated cost from the second lowest bidder for completion of Phase III is no longer acceptable, therefore requested authorization for the staff to prepare plans and specifications for the remainder of Phase III and readvertise for bids. In response to Council, the City Attorney explained that under the Charter, the City is required to award to the lowest responsible bidder, however of the bids received, should I the lowest bidder have inadequate experience for the project, that could form a basis for rejection the lowest bid and allow award to the most qualified bidder. Mr. Stepanicich pointed out that the exception, in the case of an emergency, does not appear to be justifiable to waive bidding requirements in this case. Discussion continued regarding an estimated time frame for award of the bid. The City Manager noted that since the negotiated price with the second lowest bidder is too high, the City cannot contract and go forward without going through the bidding process since FEMA will only accept the lowest bid. Risner moved, second by Grgas, to authorize the City Manager to prepare plans and specifications for completion of Phase III of the pier restoration project based upon the assumption that there may be a negative response from the bonding company to the City Council's demand. Councilmember Risner requested that the bid packages be prepared/delivered by Friday of this week and that the award be made within a month. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried APPOINTMENTS - BOARDS and COMMISSIONS I Environmental Quality Control Board . Councilman Clift moved to appoint Mr. Donald S. Eisenberg to the Environmental Quality Control Board representing Councilmanic District Four for the full term expiring July 1988. Councilmember Wilson seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried 6-25-84 Counci1member Wilson moved to remove the present District Two representative to the Environmental Quality Control Board. Councilmember Risner seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I wilson moved second by Clift, to appoint Mr. Lowell Kolb as the District Two representative to the E.Q.C.B. for the unexpired term ending July 1987. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Recreation and Parks Commission Councilman Grgas requested that the District One appointment be held over until next meeting. . Councilmember wilson moved to appoint Mr. Greg Weiler as the District Two representative on the Recreation and Parks Commission for the full term ending July 1987. Councilmember Risner seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, wilson None Motion carried Planning Commission Councilman Clift moved to reappoint Mr. Jay Covington to the Planning Commission representing District Four for the full term expiring July 1988. Councilman Grgas seconded the motion. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Seal Beach Administration Buildin Authorit R sner moved, second by Grgas, to reappolnt Mrs. Dixie Brain to the S.B.A.B.A., representing District Three, for the full term expiring July 1988. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Mayor Brownell moved to reappoint Mr. John Broaddus to the S.B.A.B.A for the full term expiring July 1988, representing District Five. Councilman Clift seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Councilman Grgas requested that the S.B.A.B.A. appointment from District One be held over until next meeting. I wilson moved, second by Clift, to appoint Mrs. Jean Henry to the Seal Beach Administration Building Authority, representing District Two, for the full term expiring July 1988. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Board of Appeals Councilmember Wilson moved to remove the present District Two representative from the Board of Appeals. Councilmember Risner seconded the motion. 6-25-84 AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Wilson moved, second by Clift, to appoint ~r. Paul Snow to the Board of Appeals for the unspecified term, representing District Two. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I Project Area Committee Risner moved, second by Wilson, to approve the reappointment of the Friends of the Library nominee to the Project Area Committee for the full term expiring July 1986. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Councilman Grgas requested that his organizational appointments to the project Area Committee be held over until next meeting. Risner moved, second by Wilson, to reappoint Mr. Robbie Watkinson, resident appointment to the P.A.C. for the term ending July 1986. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Risner moved, second by Clift, to reappoint business member, Mr. Jim Watson, to the P.A.C. for the term ending July 1986. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I Department of Water and Power Advisory Committee Counci1member Wilson moved to remove the present District Two appointee to the D.W.P. Advisory Committee. Councilmember Risner seconded the motion. AYES: NOES: ABSTAIN: Brownell, Clift, Risner, Wilson None Grgas Motion carried Councilmember wilson moved to appoint Ms. Anne Springate to the Department of Water and Power Advisory Committee for the unspecified term, representing District Two. Counci1member Risner seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried APPOINTMENT - ORANGE COUNTY HEALTH PLANNING COUNCIL Risner moved, second by Wilson, to hold this appointment over until the next meeting. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ORAL COMMUNICATIONS Mayor Brownell declared oral communications open. Councilman Clift recognized with appreciation, Mr. Jim Cosby, member of the Engineering staff, who is overseeing the COllege Park East street reconstruction project and responding to and assisting residents of the area. It 6-25-84 / 7-9-84 I was the direction of the Council that a written commendation from the Council be prepared. Councilmember Risner inquired as to the time frame for receipt of the pier restaurant design phase. The City Manager reported he would be meeting with the Thirtieth Street Architects the following day and would try to obtain copies of the renderings for each member of the Council. There were no other oral communications; Mayor Brownell declared oral communications closed. CLOSED SESSION It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 8:27 p.m. The meeting reconvened a~ 8:55 p.m. with Mayor Brownell calling the meeting to order. The City Attorney reported the Council had discussed potential litigation. ADJOURNMENT Wilson moved, 8:56 p.m. second by Grgas, to adjourn the meeting at AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Cit Sea and ex-offlc'o City Council I Approved: ().s .'4.-- d ~. .... -. U- Mayor Attest: 9~"..(~ ~ Clty Clerk Seal Beach, California July 9, 1984 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Brownell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brownell Councilmembers Clift, Grgas, Risner, Wilson Absent: None I Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Stickney, Assistant City Engineer Mr. Baucke, Principal Planner Mrs. Yeo, City Clerk WAIVER OF FULL READING Risner moved, second by Wilson, to waive the reading in full of all ordinances and resolutions and that consent