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HomeMy WebLinkAboutCC Min 1985-02-11 2-11-85 Seal Beach, California February 11, 1985 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 Counci1members Clift, Grgas, Risner, Wilson I Absent: None Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Hemphill, Director of Public Works/ City Engineer Mrs. Yeo, City Clerk WAIVER OF FULL READING Wilson moved, second by Clift, 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 Counci1members after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: NOTICED PUBLIC HEARING - PROPOSED ORDINANCE - ZONING TEXT I AMENDMENT 2-84 - STRUCTURAL ALTERATIONS - NON-CONFORMING BUILDINGS The City Manager reported that the Planning Commission held a study session on this matter on October 17th, a public hearing on November 21st, continued to December 5th to allow for additional public input, after which the Commission adopted Resolution Number 1348 and recommended adoption of ZTA-2-84 to the City Council. Mr. Parker reported that additional public comment has been received since the Commission's action, that the staff subsequently met with a group of residents and property owners, and the Apartment Owners' Association of Orange County to discuss issues related to the proposed amendment, and at that time it was agreed that additional study and input be obtained prior to the Council holding a public hearing. He stated it was the recommendation of the staff to remand ZTA-2-84 back to the Planning Commission for a study session on February 20th, however staff has since been contacted by the Homeowners Association requesting that the Commission study session be held over until March in order to allow discussion of this matter by the Homeowners group prior to the Commission session. wilson moved, second by Clift, to remand ZTA-2-84 to the Planning Commission for a study I session during the month of March. With regard to procedures for approval of alterations to non-conforming buildings, , the City Manager stated they were originally allowed by variance, however due to a change in State law they were then incorporated as part of the Conditional Use Permit procedure. He reported that the Planning Commission and City Council approved an amendment in 1983 that allowed alterations to non-conforming buildings prov~ded that parking was brought up to Code, which he explained, most people Brownell, Clift, Grgas, Risner, Wilson None Motion carried 2-11-85 I were not aware of. He clarified that the proposed ordinance is less restrictive than current law, however more restrictive than that of several years ago, explaining that the problem with a variance procedure is that there are only three conditions under which a variance can be granted and that those conditions may not be present in all cases. In response to Council, Mr. Parker reported that if more than fifty percent of a property were destroyed, that property would lose its non-conforming status and would be required to be built in accordance with existing laws. It was suggested that the proposed amendment be discussed informally at a town hall type meeting. Seal Way resident, Mr. Riba1, announced that the Homeowners Association would be meeting February 28th, suggested this as a means to discuss the matter informally, and extended an invitation for the Council, City Manager and Director of Development Services to participate in that meeting. Discussion continued. The City Manager suggested that it may be necessary to hold more than one public discussion of this matter before the formal public hearing is held. Vote on the motion to remand ZTA-2-84 to the Planning Commission: AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ORDINANCE NUMBER 1176 - FORTUNE TELLING Risner moved, second by Wilson, to hold over until next meeting Ordinance Number 1176 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REGULATING FORTUNE TELLING AND AMENDING THE CODE OF THE CITY OF SEAL BEACH." AYES: NOES: Brownell, Clift, Grgas, Risner, wilson None Motion carried ORDINANCE NUMBER 1178 - GARBAGE and REFUSE - ANTI-SCAVENGING Ordinance Number 1178 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 10, ARTICLE I OF THE SEAL BEACH MUNICIPAL CODE RELATING TO GARBAGE, TRASH AND WEEDS." By unanimous consent, full reading of Ordinance Number 1178 was waived. The Assistant City Manager presented the staff report, stating that as a result of numerous complaints by residents, the proposed Ordinance was prepared which will prohibit any unauthorized individual from removing any items that have been placed in trash receptacles for collection. By unanimous consent, full reading of Ordinance Number 1178 was waived. Clift moved, second by Risner, to approve first reading of Ordinance Number 1178 as amended to read n...authorized refuse contractor...", and that Ordinance Number 1178 be passed to second reading. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3427 - APPEAL 5-84 - SCZCERBAN - 1105 and 1107 SEAL WAY The City Manager presented the staff report prepared by the Director of Development Services addressing Appeal 5-84 to the Planning Commission's condition of approval of Variance 3-84 requiring deletion of the exterior stairway from the plans. Mr. Parker stated that the Planning staff's recommendation is denial of the appeal, however the City Manager's recommendation would be approval. Councilman 2-11-85 Grgas asked if the upcoming discussions relating to density would have any impact on this particular issue. The City Manager responded that it may, noting however that the zoning issue may be a subject of discussion for several months. As an explanation of the staff recommendations, Mr. Parker acknowledged that the recommendation of the Planning Commission and Planning Department was based upon concerns with conversion to an additional unit at a future I time, stating however, he senses a trend towards less restrictive zoning, and expressed his personal difficulty with legislating against a possible abuse. Mr. Charles Antos, 316 - 10th Street, representing the applicant, briefly reviewed the background of the subject addition and subsequent appeal to the condition placed on the variance approval by the Planning Commission for removal of the exterior stairway. Mr. Antos stated that the Szczerban's are requesting that the stairway remain for safety purposes, that they have agreed to placing a deed restriction on the property and to an annual inspection, upon notification, by the staff. The City Attorney confirmed that if the stairway were allowed and a violation occurred, the matter could be reconsidered under public hearing and removal of the stairway directed, and if such a requirement was not complied with, a legal action could be pursued. Mr. Ron Jessner, 1704 Bayou Way, Planning Commission Chairman, asked to explain the action taken by the Commission in this particular case. He pointed out that the Planning Commission makes certain assumptions, such as the fact that there is a parking problem in Old Town, and that many illegal living units exist, which contributes to the parking problem, additionally that the Commission attempts to resolve some of the parking problems when allowing additions to non-conforming buildings by requiring that parking meet I Code provisions. Mr. Jessner stated that in this case the applicant was granted the variance for an addition to their property with conditions, since the off-street parking was being increased to comply with existing law. He noted that the Commission considered this matter on approximately eight occasions, each time asking that the applicant and his representative remove the exterior stairs, or if they wanted the stairs, to redesign the addition so that there was no possibility of conversion to an additional living unit, which in turn would increase the density. He reported that on each occasion the representative said they would redesign the addition, however there was never any change to the design when resubmitted. Mr. Jessner provided the Council with a drawing of the addition, outlining the problem area as seen by the Commission, explaining that it was felt installation of a petition or double door could create a small apartment, also that the subject area could be readjusted easily upon notification of an inspection. Councilman Grgas expressed his feeling that the right to inspect the property is most likely the best way to address this matter, and inquired as to the terms of the agreement on the property. The City Attorney responded that the agreement would not be prepared until the matter is approved, that he would recommend that the agreement be executed I and recorded prior to the time building permits for the remodeling are issued, and with respect to inspection procedures, Mr. Stepanicich stated he was not familiar with the City's past pOlicies for inspections, however it would seem that the staff could visit the property and ask for an inspection at any time during regular working hours. Mr. Antos stated that the plans had undergone redesign on several occasions as requested by the Planning commission, primarily to satisfy the parking requirement, 2-11-85 I clarifying that the Szczerban's wanted the stairway to remain as an emergency exit, also, that removal of the stairs would then not allow the tenants of the other units access to the deck. In response to a suggestion that the hallway door from the family room be deleted, Mr. Antos stated that action would remove the privacy of the bedroom areas. Discussion continued regarding the Planning Commission's requests for redesign, and the use of a safety ladder in lieu of the stairs. Mr. Jessner stated it was his understanding that the applicant wanted the stairs 1) for safety, and 2) access to the deck by other tenants of the building, therefore he would recommend that the sliding glass door be removed from the 1105 unit and replaced with a fixed window, which would then allow for emergency exit, however access to the deck would only be via the stairs. Mr. Jessner also referred to comments relating to inspections, stating that a City inspection program does not exist even though there are building violations throughout the City, concluding that the Commission would strongly support a Code Enforcement Program and enforcement officer. Mr. Szczerban responded that it is the intent that the deck be for the sole use of his family, not the downstairs tenants. Discussion continued. Council concurred with the recommendations that the sliding glass door be replaced with a fixed window in the unit at 1105 Seal Way, and that the frame and door in the hallway be deleted from the plans for the unit at 1107 Seal Way. As requested by Council, the City Attorney provided language for a Condition Number 3, "In the event that the Agreement required by Condition Number 1 is violated, the Planning Commission may initiate proceedings to modify the Conditions of the Variance to require the removal of the exterior stairway, in addition to any other remedies available to the City." The City Manager recommended that a Condition Number 4 be prepared by the City Attorney and added to the proposed Resolution regarding the structural modifications as previously discussed. Risner moved, second by Wilson, to approve Resolution Number 3427 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" as amended. I AYES: NOES: Brownell, Grgas, Risner, Wilson Clift Motion carried Councilman Clift asked that the record reflect that although the amendments may meet the goals of the Planning Commission, he did not favor overturning the Planning Commission's decision, and stated his feeling that the delay of this matter was caused by the applicant's reluctance to make the changes requested by the Planning Commission. I RESOLUTION NUMBER 3452 - EXPRESSING APPRECIATION - MARY BOLTON Resolution Number 3452 was presented to Council and read in full by Mayor Brownell entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, EXPRESSING THEIR SINCERE GRATITUDE TO MARY BOLTON FOR HER MANY CONTRIBUTIONS TO THE REBUILDING OF THE SEAL BEACH MUNICIPAL PIER." Risner moved, second by Grgas, to adopt Resolution Number 3452 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Mayor Brownell presented the Resolution to Mrs. Bolton expressing appreciation to her on behalf of the Council and staff. 2-11-85 RESOLUTION NUMBER 3453 - EXPRESSING APPRECIATION - JOHN JAMES KLISANIN Resolution Number 3453 was presented to Council and read in full by Mayor Brownell entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, EXPRESSING APPRECIATION TO JOHN JAMES KLISANIN FOR HIS CONTRIBUTIONS TO THE' GRAND REOPENING CELEBRATION OF THE SEAL BEACH PIER." Grgas moved, second by Wilson, to adopt Resolution Number 3453 as presented. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried CONSENT CALENDAR - ITEMS "G" THROUGH "M" Councilman Grgas requested- Item "K" removed from the Consent Calendar; the City Manager requested Item "L" removed. Grgas moved, second by Clift, to approve the recommended action for items on the Consent Calendar, except Items "K and L", as presented. G. Approved regular demands numbered 55073 through 55246 in the amount of $692,224.44, and payroll demands numbered 12114 through 12264 in the amount of $130,225.31, as approved by the Finance Committee and authorized warrants be drawn on the Treasury for same. H. Denied the claim of Steven Edward Brennan and referred same to the City's insurance adjuster. I. Denied the claim of Marlene and Richard Sutton and referred same to the City's insurance adjuster. I J. Denied the claim of Marie Katz and referred same to the City's insurance adjuster. M. Received and filed the memorandum from the City Treasurer regarding release of funds to the Seal Beach Cable Communications Foundation. AYES: Brownell, Clift, Grgas, Risner, Wilson NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "K" - AGREEMENT - CITY OF LOS ALAMITOS - SEAL BEACH BOULEVARD IMPROVEMENT Councilman Grgas asked if Bixby would be relieved of any of their obligations for street and signal improvements by this agreement. The City Manager replied that all of the Bixby conditions will be required to be met, that the only signal affected by this agreement is located at Seal Beach Boulevard and Westminster. The City Attorney recommended that a mutual hold harmless clause be added to the agreement. In response to Councilman Clift, the City Manager added that upon direction of the Council, the staff would insure that Bixby would be held liable I for any expenditure that could be related to their project. Grgas moved, second by Clift, to approve the Agreement with the City of Los A1amitos as amended to include a mutual hold harmless clause, and that the staff be directed to seek reimbursement from Bixby for any obligation imposed on their development that may be affected by this Agreement. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried 2-11-85 ITEM "L" - AWARD OF BID - SIDE ROTARY DISCHARGE MOWER Bids were received untIl 2:00 p.m. on February 11, 1985 at which time they were publicly opened by the City Clerk, for one sixty inch Side Rotary Discharge Mower as follows: Trade-In Company Bid Amount of Old Mower Net Bid I Toro Pacific Distributing $ 8,810.72 ($400.00) $ 8,410.72 Alternate Bid 8,453.50 ($400.00) 8,053.50 Bob Hicks Turf Equipment Co. 10,477 .04 ($150.00) 10,327.04 B. Hayman Company 12,690.32 ($1,100.00) 11,590.32 West Point Industries No Bid C. R. Jaeschte, Inc. No Bid The City Manager reported that the two lowest bids, submitted by Toro Pacific, do not meet specifications, recommended they be rejected and the bid be awarded to Bob Hicks Turf Equipment. Clift moved, second by Risner, to award the bid for one sixty inch Side Rotary Discharge Mower to Bob Hicks Turf Equipment Company in the amount of $10,327.04, and the two lowest bids be rejected as recommended. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried APPOINTMENT - ORANGE COUNTY SENIOR CITIZENS ADVISORY COUNCIL - TRANSPORTATION COMMITTEE Risner moved, second by Clift, to authorize the Mayor to appoint a representative to the Orange County Senior Citizens Advisory Council Transportation Committee. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Mayor Brownell requested that members of the Council submit nominations for consideration of appointment. ORAL COMMUNICATIONS Mayor Brownell declared oral communications open. Counci1member wilson moved to direct that the council minutes of February 5th be prepared verbatim. Councilmember Risner seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I In response to Councilmember Risner, the City Manager reported that the City has not received reimbursement from Surfs ide for any costs related to the revetment wall, that the Finance Director has forwarded a letter to them requesting payment, and that if payment is not forthcoming the matter will be referred to the City Attorney. Mrs. Risner expressed appreciation to the staff for having the Eisenhower sand painting refurbished, and requested that a bronze plaque be installed under the painting containing the language of the original plaque. Councilmember Risner read a draft of a letter being prepared for the signature of the three members of the Council and representives of the Citizens for a Better Seal Beach committee, expressing their protest to the election campaign material that had been distributed in the City. Mr. John Broaddus, 13620 Alderwood Lane, referred to a recent visit the reopened municipal pier and extended his appreciation to all who were involved in the pier reconstruction. There were no other oral communictions; Mayor Brownell declared oral communications closed. 2-11-85 / 2-25-85 CLOSED SESSION The CIty Attorney reported that the Closed Session was being held pursuant to the authority of Government Code Section 54956.9(b), to confer with or receive advice from legal counsel regarding pending litigation as defined in said section. It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 8:33 p.m. The Council reconvened at 8:50 p.m. with Mayor Brownell I calling the meeting to order. The City Attorney reported . that the Council had discussed potential litigation pursuant to Government Code Section 54956.9(b) as reported. ADJOURNMENT Wilson moved, second by Clift, to adjourn the meeting at 8:52 p.m. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried ,---...., \ ' ZJ); and ex-o CJ.O clerk of the City Council Appro~d' 9 ~ -" .-< tf!:r.. ......, . ~ ~ ('" ;;n C /7 Atte'" ?}-,.J /IJ _ i4 Ci ty C1firk I Seal Beach, California February 25, 1985 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 Counci1members Clift, Grgas, Risner, Wilson Absent: None Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Hemphill, Director of Public Works/ City Engineer Chief Picascia, Police Department Mr. Thomas, Finance Director Mr. Osteen, Recreation Director Mrs. Yeo, City Clerk I