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HomeMy WebLinkAboutCC Min 1984-11-13 11-13-84 Seal Beach, California November 13, 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, Risner, Wilson I Absent: councilmember Grgas Councilman Grgas arrived at 7:12 p.m. ......... Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Hemphill, Director of Public Works/ City Engineer Mr. Baucke, Director of Development Services Mrs. Yeo, City Clerk Also present: WAIVER OF FULL READING Wilson moved, second by Risner, 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: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried I PROCLAMATIONS Mayor Brownell proclaimed Thursday, November 15, 1984 as "Great American Smokeout Day." Mayor Brownell proclaimed the week of November 18th through November 25th, 1984 as "Bible Week." AGENDA AMENDED Risner moved, second by Wilson, to amend the agenda to include an additional proclamation. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried Mayor Brownell proclaimed the week of November 25th through December 1, 1984 as "National Home Health Care Week." ., . PUBLIC HEARING - APPEAL 5-84 - SZCZERBAN - 1105, 1105-1/2, 1107, 1107-1/2 SEAL WAY I Mayor Brownell declared the public hearing open to consider Appeal 5-84 to the Planning Commission's condition of approval placed on Variance 3-84. The City Clerk certified that notice of public hearing had been advertised and mailed as required by law, and that no communications had been received either for or against this matter. The Director of Development Services presented the staff report, explaining that the appeal is to one of three Planning Commission conditions requiring the exterior stairs to the proposed 11-13-84 I second story additions to the two legal non-conforming duplexes be deleted from the plans. Mr. Baucke stated the staff recommendation is to deny the appeal based upon the fact that access to the additions from the exterior stairway could, at a future date, be converted into a bachelor apartment, therefore, create a third unit to each duplex. Mayor Brown~ll invited members of the audience wishing to speak to this matter to come to the microphone and state their name and address for the record. Mr. Charles Antos, 316 - lOth Street, stated he was representing Mr. Szczerban, property owner/applicant, reviewed the background of the variance request, previous revisions to the plans, and the subject ~ppeal to a condition imposed by the Planning Commission, noting that the applicant requests the exterior stairway for fire safety, even though it is not required by the Uniform Building Code. Mr. Antos aCknowledged that the applicant is willing to place a deed restriction on the subject properties, as required by the Planning Commission, noting that Land Use Agreements have been utilized in the past which restricts the property and allows for inspection by the City. Mr. Antos stated it is felt precedence has been set by the existance of similar stairways to second stories in the general area. A member of the Council questioned a similar exterior stairway to a single family residential addition on the Hill. The City Attorney confirmed that deed restrictions have been placed on properties in the past, noting the staff's concern that the addition could be converted to an additional unit in the future with access via the exterior stairway. There being no other communications, Mayor Brownell declared the pUblic hearing closed. With regard to standards governing exterior stairs to a second story, the Director explained that the UBC requires a second means of exit at an occupancy level of ten persons or greater, that the occupancy level in this case is calculated at six, based on the square footage. Council discussed parking, staff burden to inspect annually, precedence that could be established with approval, and potential for increase of similar requests. Mr. Baucke affirmed that as proposed, the new deck will be available to all occupants of the units, that access to the deck would be through Sliding glass doors of the units if the stairs were removed, and in that circumstance, downstairs units would not have direct access to the deck. Mr. Baucke stated that on a day-to-day basis there are many requests for exterior stairways in conjunction with new construction and remodeling of existing units, and in that regard, approval of the appeal would be precedent setting. Mr. Szczerban spoke to compliance with parking requirements, stated this request has been in the process for twenty months, referred to approved stairways at other properties, and confirmed his willingness to execute a deed restriction. With regard to reference to a comment during a Planning Commission hearing regarding life ladders, Mr. Antos stated they had been looked into and found to be unacceptable due to exposure to the salt air. With regard to a proposed agreement between the City and the property owner, the City Attorney recommended that such document specify the use of the property, the number of allowable units thereon, and provide for inspection of the property, not necessarily limiting same to an annual inspection, and that such agreement be subject to the approval of the City Attorney and be recorded prior to issuance of building permits. The City Attorney recommended that if it is the intent of the Council to approve the appeal, findings should be drawn up citing the unique circumstances under which the appeal is granted so that a precedent is not set. Clift moved, second by I I 11-13-84 Grgas, to direct the staff to prepare findings citing the unique circumstances for which approval of this Appeal would be granted and that an agreement be prepared containing the facts as recommended by the City Attorney. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried PUBLIC HEARING - HOUSING/COMMUNITY DEVELOPMENT PROJECTS - I YEAR ELEVEN Mayor Brownell declared the public hearing open to consider Housing/Community Development Block Grant Program projects for year eleven, as recommended by the Citizen Participation Committee. The City Clerk certified that notice of public hearing was publiShed as required by law, and that no communications had been received either for or against this matter. The Director of Development Services reviewed the H/CD Program, and prior local H/CD projects. Mr. Baucke outlined the proposed projects as prioritized by the Citizens Participation Committee, recommending that Phase II of the Public Facilities and Improvements, the 8th Street Pump, be deleted since the project is presently underway. Discussion continued with Orange County H/CD representative, Louise McCauley, responding to questions posed by Council. There was discussion regarding the proposed $20,000 requested for a Senior Citizen Housing Study, at the conclusion of which the Council, by consensus, deleted funding that request from the recommended project list. It was clarified that should all of the projects be submitted to the County, those not funded this year could be considered in subsequent funding years. The City Manager recommended reprioritization of the proposed projects as follows: 1) Public Facilities I and Improvements - Alley, sewer and water line replacement: Phase I, 2nd Street Alley, Ocean to Central, and Phase II, Main Street Alley, Ocean to Electric; 2) Housing Rehabilitation - low interest loans, deferred payment loan and grants for low/moderate income owner/occupancy of single and multi-family residences; 3) Public Facilities and Improvements - handicapped curbs; and 4) Public Facilities and Improvements - Phase III, 8th Street Alley, Ocean to Electric. There were no other communications; Mayor Brownell declared the public hearing closed. RESOLUTION NUMBER 3428 - APPROVING PARTICIPATION - HOUSING/COMMUNITY DEVELOPMENT PROGRAM - YEAR ELEVEN Resolution Number 3428 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE." By unanimous consent, full reading of Resolution Number 3428 was waived. Wilson moved, second by Clift, to adopt Resolution Number 3428 as amended, listing priority projects as recommended by the City Manager. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried The Council requested letters of appreciation be forwarded to the members of the Citizens Participation Committee. I RECESS It was the order of the Chair, with consent of the Council, to declare a recess at 8:26 p.m.; the meeting reconvened at 8:35 p.m. with Mayor Brownell calling the meeting to order. 11-13-84 It was the consensus of the Council to hold over until next meeting a proposed resolution reallocating 1980/81 and 1981/82 H/CD funds, as requested by the City Manager. I PROPOSED ORDINANCE - REGULATING FORTUNE-TELLING A proposed Ordinance entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, REGULATING FORTUNE-TELLING AND AMENDING THE CODE OF THE CITY OF SEAL BEACH" was presented for Council consideration. The City Manager reported he had been contacted regarding the City's prohibition of fortune-telling business licenses, which, as explained to him, is similar to ordinances of most other cities and which is now being legally challenged. Mr. Parker referred to a similar ordinance of the City of Azusa which the Court of Appeals held to be unconstitutional, and that Azusa has appealed that decision to the California Supreme Court. He reported the facts of a survey of other Orange County cities regarding fortune-telling activities. The City Manager reported that the City Attorney drafted the proposed ordinance that would legalize fortune-telling, however, tightly regulate the issuance of a business license as well as day-to-day operations. He stated staff would make three recommendations to the proposed ordinance if approved: 1) that the business license be $250 per year; 2) that the business license fee be non-refundable; and 3) that an appeal procedure to the Council be established. The City Attorney stated he was unaware if a date has been set for the Supreme Court to consider this matter, that the Court of Appeals' decision has no effect at this time since the Supreme Court has granted the hearing, therefore the City, by maintaining its prohibition, is not in violation of the Court of Appeals' decision, therefore has the option to postpone further action pending the outcome of that hearing. Mr. Madore, Rossmoor resident, urged that no action be taken pending the Supreme Court decision, suggested that this type of business could be a detriment to the community and surrounding areas, and that the experience of other cities that have allowed this activity be looked into. Councilman Grgas requested that the staff survey other cities allowing fortune-telling as suggested by Mr. Madore, also the reasons why Newport Beach is considering legalizing this activity. In response to Council, the City Attorney stated it would be his recommendation to take no action at this time. Clift moved, second by Wilson, to hold this matter over pending investigation of the Supreme Court hearing date and a survey of other cities that have allowed this activity. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ESTABLISHING BUSINESS LICENSE REVOCATION PROCEDURE Ordinance Number 1172 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING A BUSINESS LICENSE REVOCATION PROCEDURE AND AMENDING THE SEAL BEACH CITY CODE." By unanimous consent, full reading of Ordinance Number 1172 was waived. The City Manager explained that the intent of the ordinance is to provide a business license revocation procedure which currently does not exist. The City Manager recommended that the proposed ordinance be revised, deleting all grounds for revocation except as set forth in Section 11-3l.l(a), "...where the licensee had violated any terms or provisions of said license, any provisions of this Code, or any other ordinance or statute relating to the permitted activity." Grgas moved, second by Risner, to approve the 11-13-84 introduction of Ordinance Number ll72 and that it be passed to second reading. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3429 - DESTRUCTION OF POLICE RECORDS Resolution Number 3429 was presented to Council entitled I "A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN POLICE RECORDS." By unanimous consent, full reading of ReSOlution Number 3429 was waived. The Assistant City Manager recommended that the Resolution be amended to read "...destruction of those police records specified in the City Attorney's wri tten consent dated October 19, 1984..." Grgas moved, second by Risner, to adopt Resolution Number 3429 as amended. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3430 - COMPLETION - COLLEGE PARK EAST STREET RECONSTRUCTION - PROJECT NUMBER 534 Resolution Number 3430 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 #534, COLLEGE PARK EAST STREET RECONSTRUCTION, IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN BLAIR PAVING, INC., AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3430 was waived. Clift moved, second by Grgas, to approve construction Change Order No. 3 in the amount of $44,434.59, and adopt Resolution Number 3430 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I CONSENT CALENDAR - ITEMS "I" THROUGH "s" Councilman Grgas requested Items IIp, R, and S" removed from the Consent Calendar. Risner moved, second by Grgas, to approve the recommended action for items on the Consent Calendar, except Items IIp, R, and S", as presented. I. Approved the minutes of the regular City Council meeting of October 22, 1984. J. Approved regular demands numbered 54057 through 54294 in the amount of $947,661.27; payroll demands numbered 10961 through 11121 in the amount of $128,946.39; and payroll demands numbered 11122 through 11319 in the amount of $171,730.61, as approved by the Finance Committee, and authorized that warrants be drawn on the Treasury for same. K. Denied the claim of John Mark Rogers and referred same to the City's insurance adjuster. L. Denied the claim of virl Earles and referred same to the City's insurance adjuster. I M. Denied the claim of Patrick Remolacio and referred same to the City's insurance adjusted. N. Approved the plans and specifications for First Street Median Island Irrigation and Landscaping, Project Number 540, and authorized the City Manager to advertise for bids. ll-l3-84 O. Received and filed the annual financial statement for the City of Seal Beach from Diehl, Evans and Company. Q. Accepted the resignation of Mr. Michael Goldenberg from the Planning Commission, District Two, and declared the vacancy thereof. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "P" - AGREEMENT - BEACH TRASH RECEPTACLES - COPPERTONE Councilman Grgas moved to hold this item over until next meeting pending discussion of the program's first year with the Seal Way resident group. Councilmember Risner seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ITEM "R" - BEACH STUDY COMMITTEE Councilman Grgas referred to the.Moffatt & Nichol beach erosion study recently received by Council, and stated his proposal to form a citizens committee to discuss long- term recommendations for Council consideration with regard to correction of the beach erosion problem, as well as asthetic and financial impacts of proposed corrections. Mr. Grgas proposed that the Seal way Group act as the core of the committee, that five members have been proposed to date, and noted other area citizens may also be interested in participating on the committee. Some concern was expressed by members of the Council with one Councilmember forming a district committee, suggesting the Seal way Group form the committee and select the members, and that formation of a committee to discuss a localized issue not set a precedent and not be considered under the official realm of the City. Mayor Brownell concluded that it appeared to be the consensus of the Council that the committee would consist of District One residents who will meet, discuss the beach problems and proposed solutions, and possibly present their recommendations and suggestions to the City. Clift moved, second by Grgas, to receive and file the East Seal Beach Informational Report from the City Engineer dated November 6th. AYES: NOES: Brownell, Clift, Grgas, Risner, wilson None Motion carried I ITEM "s" - SEAL BEACH BOULEVARD STUDY GROUP Councilman Grgas stated this proposed committee is in response to residents desirous of discussing improvements to Seal Beach Boulevard, noting their interest in formulating plans that the City might consider in order to improve the are and mitigate existing conditions. Staff noted that localized input could be gathered through the committee process, discussions held with property owners along the Boulevard, suggestions then submitted to the City for consideration, after which consultants would be retained to prepare the necessary planning documents. Mr. Grgas explained that the intent of the committee would be to obtain input as to the type of improvements that would be acceptable, land use, parking, landscaping, etc., noting that presently the areas of discussion are being explored and no meeting dates have been set. Risner moved, second by Wilson, to hold this item over pending additional information from Councilman Grgas regarding the function of the committee and meeting dates. 11-13-84 AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried APPOINTMENT - CABLE TELEVISION FOUNDATION Councilmember Risner requested the appointment from District Three be held over until next meeting. ORAL COMMUNICATIONS I Mayor Brownell declared oral communications open. Councilman Grgas reported an inquiry as to possible use by residents of the Main Street parking lot between the hours of 3:00 a.m. and 6:00 a.m. The City Manager stated he would look into the request. There were no other oral communications; Mayor Brownell declared oral communications closed. CLOSED SESSION By unanimous consent, the Council adjourned to Closed Session at 9:48 p.m. The meeting reconvened at 10:00 p.m. with Mayor Brownell calling the meeting to order. The City Attorney reported the Council had discussed pending litigation. ORAL COMMUNICATIONS Mayor Brownell, with consent of the Council, reopened oral communications to allow a member of the audience to speak. Mr. James Goodwin, 1405 Crestview Avenue, representative of the Nuclear Action Group, requested that the Council urge the Naval Weapons Station to light the buoys in their waterways at night. Councilmember Risner suggested that the Council meet jointly with the Planning Commission to discuss development of the State Lands site. By consensus, the Council agreed to meet Monday, November 17th at 7:30 p.m. with the Planning Commission. There were no other oral communications; Mayor Brownell declared oral communications closed. I ADJOURNMENT Risner moved, second by Clift, to adjourn to Monday, November 17th at 7:30 p.m. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried The meeting adjourned at 10:11 p.m. /! and ex-off c~o clerk of the City Council Approved: 9..,.~. ~),~ T M or ~,--.,.-~~ I Attest: I