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HomeMy WebLinkAboutCC Min 1984-11-26 11-19-84 / ll-26-84 Again noting that the Specific Plan calls for a building height to be determined by the Redevelopment Agency through an architectural review process, it was suggested that some consensus be reached regarding this matter in order to provide some guidelines for building height. The City Manager asked if there would be any objection to allowing thirty-five feet above the grade of Pacific Coast Highway. Discussion followed. There was a consensus reached that I there should be some limitation to the building height, related in some way to the grade of P.C.H., and that this particular determination be discussed in conjunction with revision of the State Lands Specific Plan. It was clarified that the Specific Plan presently calls for Spanish style architecture, and suggested that a Mediterranean style may be a consideration, noting that the architecture is subject to architectural review by the Agency. PLANNING COMMISSION ADJOURNMENT Covington moved, second by Hunt, to adjourn the Planning commission meeting at 9:10 p.m. AYES: NOES: Covington, Hunt, Jessner, Perrin None Motion carried CITY COUNCIL ADJOURNMENT Wilson moved, second by Clift, to adjourn the meeting at 9:11 p.m. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I and ex-o J.C10 City Council of the Approved: Q_~.~J~h Nay ---<.. - .. ",~ Attest: Seal Beach, California November 26, 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 ll-26-84 Also present: 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 I WAIVER OF FULL READING Grgas 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 ORDINANCE NUMBER 1172 - ESTABLISHING BUSINESS LICENSE REVOCATION PROCEDURE Ordinance Number 1172 was presented to Council for second 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. Risner moved, second by Clift, to adopt Ordinance Number 1172 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I I PROPOSED RESOLUTION NUMBER 3427 - APPEAL 5-84 - SZCZERBAN - 1105, 1105-1/2, ll07, 1107-l/2 SEAL WAY Proposed Resolution Number 3427 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, GRANTING APPEAL A-5-84 FILED ON A PLANNING COMMISSION CONDITION OF APPROVAL PLACED ON VARIANCE V-3-84." By unanimous consent, full reading of Resolution Number 3427 was waived. The Director of Development Services reported that pursuant to direction of the Council at last meeting the staff prepared the proposed resolution and established findings relating to Appeal 5-84. Councilman Clift questioned whether the subject properties are significantly unique to justify approval of the appeal, allowing the exterior stairway. Staff clarified review procedures and conditioned approvals, clarifying that any condition can be appealed to the City Council. Councilman Grgas referred to a conversation with a Seal Way resident who pointed out that stairways could provide exit from second stories in the instance of an emergency, and asked if it would be possible to include requests for secondary stairs under a CUP or Variance for homes on Seal Way for safety purposes. Mr. Baucke stated that exterior versus interior stairs have been looked at, however in this particular case concern was with the floor plan design which lends itself to a possible additional unit sometime in the future. Councilmember Risner referred to the extensive study of this matter by the Planning Commission, their concern with establishing a precedent by allowing the exterior stairs, and referred to a similar exterior stair on the Hill approved in 1983. Mr. Baucke responded that the condition of approval referred to was administratively placed on the referenced MarVista property by a Land Use Agreement, however there is no record that 11-26-84 the Agreement has ever been recorded, noting that this appears to be the case in several instances, and without Commission or Council action. Staff again expressed concern with the concept of exterior stairways, potential for additional living quarters, and inspection of the locations after approval. Discussion continued. Mr. Ron Jessner, 1704 Bayou Way, Planning Commission Chairman, explained that this variance request was considered by the Commission on eight occassions, each time the applicant was requested to remove the stairway or redesign the addition so that the potential of an additional living unit would be eliminated. Mr. Jessner stated that, on no occassion did the applicant comply with the request to remove the stairs. In response to Council he explained that the kitchen facilities could be made available by conversion of the wet bar and the addition of a hot plate, or small stove. Mr. Jessner noted that the Commissions concern was not necessarily with the present owner, however at such time as the property was sold a future owner could convert the addition into another living unit. Mayor Brownell expressed his feeling that the findings of the Planning Commission should be upheld unless additional arguments in support of approving the appeal are presented, also noting the potential for lack of inspections in the future. Discussion continued regarding the possibility of a deed restriction being overlooked in connection with future sale of a property, and the legal recourse available to the City in the event of land use violations. Risner moved, second by Clift, to hold this item over until next meeting and that the applicants be notified of same. The City Manager suggested that the staff prepare an alternate resolution sustaining the Planning Commission's decision. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3432 - SURPLUS PROPERTY Resolution Number 3432 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING CITY REPRESENTATIVES TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN SAID RESOLUTION." By unanimous consent, full reading of Resolution Number 3432 was waived. Risner moved, second by Clift, to adopt Resolution Number 3432 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I I RESOLUTION NUMBER 3433 - ASSIGNING 1984 PRIVATE ACTIVITY BOND ALLOCATION - HAWAIIAN GARDENS Resolution Number 3433 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ASSIGNING THE 1984 PRIVATE ACTIVITY BOND ALLOCATION OF $1,373,000 TO THE CITY OF HAWAIIAN GARDENS FOR ITS USE IN 1984." By unanimous consent, full reading of Resolution Number 3433 was waived. The City Manager I reported that pursuant to 1984 Congressional legislation, each state was allocated the opportunity to issue Industrial Development Bonds based on a pre-established formula, the State, in turn, allocated not-to-exceed limits to each city and county within the State. He explained that the 1984 allocation to Seal Beach is $1,373,000, none of which will be used, and that the allocation will expire December 31, 1984. Mr. Parker reported receipt of a leter from the City of Hawaiian Gardens requesting this City's allocation, 11-26-84 I which is permissible under the State formula, explaining that no requests for use of the allocation have been received from any other jurisdiction. Councilman Grgas reported that the County of Los Angeles is presently drafting a policy governing allocation of unused assigned funds, and pointed out two specific aspects, the requirement for a written agreement that stipulates that when the assigning city has need for such funds, the recipient city would in turn grant the return of those funds from their allocation, also that it would be advisable to allocate such funds to a specifically identified project. Councilmember Risner suggested that in the future it may be a good policy to check into the need of the County or other Orange County cities prior to reallocating these funds. The City Manager suggested that agreement for return of the funding allocation be for a period of three years. It was the consensus of the Council to hold this item over pending the City Attorney's revision of the Resolution. I RESOLUTION NUMBER 3434 - REALLOCATION OF HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS - FISCAL YEARS 1980/81 and 1981/82 - ALLEY REPAIR/WATER & SEWER LINES Resolution Number 3434 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THAT SPECIFIC HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ALLOCATED FOR FISCAL YEAR 80-81 AND 81-82 BE REPROGRAMMED FOR THE REPLACEMENT OF WATER AND SEWER LINES AND RECONSTRUCTION OF ELECTRIC AVENUE ALLEY FROM 10TH STREET TO 15TH STREET." By unanimous consent, full reading of Resolution Number 3434 was waived. Grgas moved, second by Clift, to adopt Resolution Number 3434 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3433 - continued The City Attorney recommended the following be added to item 2 of the Resolution to read "...provided that the City of Hawaiian Gardens agrees in writing to transfer to the City of Seal Beach any unused allocation of Private Activity Bond financing available to the City of Hawaiian Gardens, not to exceed the sum of $1,373,000, in the event the City of Seal Beach requests that such transfer be made no later than December 31, 1987; and also provided that such transfer by the City of Seal Beach in 1984 be used exclusively by the City of Hawaiian Gardens for the construction of the self-storage warehouse facility proposed by the DeRuff Development Company." Risner moved, second by Wilson, to approve Resolution Number 3433 as amended. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I CONSENT CALENDAR - ITEMS "F" THROUGH "M" Councilman Grgas requested Item "J" removed from the Consent Calendar; Councilmember Risner requested Item "L" removed; and the Assistant City Manager requested Items "G and I" removed. Grgas moved, second by Risner, to approve the recommended action for items on the Consent Calendar, except Items "G, I, J, and L", as presented. F. Approved regular demands numbered 54295 through 54443 in the amount of $287,894.81, and payroll demands numbered 11320 through 11472 in the amount of $125,984.10 as approved by the Finance Committee, 11-26-84 and authorized demands be drawn on the Treasury for the same. H. Denied the claim of Diana J. Utterback and Donald utterback and referred same to the City's insurance adjuster. K. Approved the upgrading of the Typist Clerk position 1- in the City Manager's Office to the postion of Secretary, and amend the 1984/85 fiscal year budget Account 1111 by $800 from unallocated reserves. M. Accepted and adopted "Grievance Procedures for Handicapped Discrimination." AYES: Brownell, Clift, Grgas, Risner, Wilson NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEMS "G" and "I" - CLAIMS The Assistant City Manager asked that the recommended action include referral to the City's insurance adjuster. Clift moved, second by Risner, to deny the claim of Mr. and Mrs. Grady Lawson and refer same to the City's insurance adjuster and the Southern California Gas Company, and deny the claim of Leon Dallin and refer same to the City's insurance adjuster and the Southern California Edison Company. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEM ''In - AGREEMENT - BEACH TRASH RECEPTACLES - COPPERTONE Councilman Grgas moved to hold this item over until next meeting, pending discussion of same with the Seal way Improvement Group. Councilmember Risner stated it was her understanding that the existing receptacles are in need of maintenance, and seconded the motion. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEM "L" - TENTATIVE TRACT MAP NO. 11302 - EXTENSION - HELLMAN At the request of Council, the City Manager reported it is his understanding that Hellman has placed their property for sale, that the firm of Kaufman and Broad are interested in the site and are negotiating with the Hellman Estate. He reported that Mr. William Mackey, representing the Hellman Estate, has requested the additional one-year extension of their Tentative Tract Map. He noted that based upon discussions with three developers, it is his feeling that the property will not be developed in accordance with the existing Specific Plan, citing marketability of the type of housing originally proposed, and expressed his feeling that there will more than likely be a request for some increased density, therefore the process could take up I to two years once the property is sold. Risner moved, second by Clift, to approve extension of Tentative Tract Map No. 11302 for an additional twelve month periOd. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried APPOINTMENT - SEAL BEACH CABLE TELEVISION FOUNDATION - DISTRICT THREE Councilmember Risner moved to appoint Mr. Milton Stein, 240 Corsair Way, to the Cable Television Foundation from 11-26-84 District Three. Mayor Brownell seconded the motion. AYES: Brownell, Clift, Grgas, Risner, Wilson NOES: None Motion carried I APPOINTMENT - PLANNING COMMISSION - DISTRICT TWO Councilmember Wilson moved to appoint Mr. Edwin Ripperdan to the Planning Commission, representing Councilmanic District Two, for the unexpired term ending July, 1985. Councilman Clift seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ORAL COMMUNICATIONS Mayor Brownell declared oral communications open. The City Manager reported that Al Lopez, General Foreman in the Public Works Department, underwent surgery this date. Mayor Brownell requested that a card and flowers be sent to Mr. Lopez on behalf of the Council. Councilman Clift referred to a news article in the Los Angeles Times this date regarding the joint workshop that was held to discuss the State Lands Commission property, reporting that a hotel development for the site was favored which could exceed the City's thirty-five foot height limitation. He asked that it be clarified that the discussion merely suggested some height variance may be considered. The City Manager reported he had received a call from the attorneys for the present developer of the State Lands parcel, indicating that they would work towards obtaining a hotel developer for the site, that he had communicated the City's project priorities to the State Lands Commission, and additionally requested that the site be cleaned. 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 8:00 p.m. The meeting reconvened at 8:14 p.m. with Mayor Brownell calling the meeting to order and the City Attorney reporting that the Council had discussed potential litigation. ADJOURNMENT Grgas moved, 8:15 p.m. second by Risner, to adjourn the meeting at AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I APproved:~ ~ ~~ - Mayor """'--"'. . .JJI..- -Ie~ Attest: