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HomeMy WebLinkAboutCC Min 1981-07-27 7-27-81 Seal Beach, California July 27, 1981 1 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Kredell, Supple, Vanderstaay Absent: Councilmember Seitz Also present: Mr. Parker, City Manager Mr. Stepanicich, Assistant City Attorney Mr. Johnson, City Engineer/Director of Public Works Mr. Romaniello, Planning Director Mr. Osteen, Recreation Director Mr. Joseph, Assistant City Manager Mrs. Yeo, City Clerk WAIVER OF FULL READING Kredell moved, second by Supple, to waive reading in full of all ordinances and resolutions, and that consent to the waiver of reading shall be deemed to be given by all Council members after reading of I the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: Krede1l, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried PUBLIC HEARING - NOISE CONTROL ORDINANCE Mayor Laszlo declared the public hearing open to consider a proposed noise control ordinance which would implement the Noise Element of the City's General Plan by establishing noise limits for all zones of the City. The City Clerk certified that notices had been published as required by law and that no communications had been received for or against the matter. The Planning Director presented the staff report, I stated the staff had reviewed noise control ordinances from other cities and agencies, that the ordinance proposed is enforceable and meets the objectives of the city, and explained the County of Orange will assist in the enforcement of the ordinance by virtue of their Noise Variance Board and outlined their procedures for enforcement of the ordinance provisions. Mr. Romaniello reported the Planning 7-27-81 Commission had considered the proposed ordinance in public hearing, had made minor amendments and recommended adoption by the City CounciL The Planning Director recommended that the proposed ordinance be amended deleting the words "incorporated or unincorporated" from Sections 13D-4, l3D-5 and l3D-6, as suggested by the City Attorney. I There were no communications from the audience for or against ,this item; Mayor Laszlo declared the public hearing closed. ORDINANCE NUMBER 1100 - NOISE CONTROL ORDINANCE Ordinance Number 1100 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADDING CHAPTER 13D TO THE SEAL BEACH MUNICIPAL CODE, PROVIDING FOR NOISE CONTROL WITHIN THE CITY." By unanimous consent, full reading of Ordinance Number 1100 was waived. The Council discussed the function of the County Noise Variance Board, existing city provisions for noise control, Section l3D-7(a) relating to noise generated from private nursery school activities, Sections l3D-7(e) and (f) regarding construction activities and maintenance of private property on Saturday, Sunday and holidays, and the placement of proposed residential units adjacent to oil production areas on the Hellman property. Kredell moved, second by Vanderstaay, to approve the introduction of Ordinance Number 1100 as amended and that it be I passed to second reading. AYES: Kredel1, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried PUBLIC HEARING - HISTORIC STRUCTURES Mayor Laszlo declared the public hearing open to consider a proposed amendment to the Zoning Ordinance to provide for a Historic Conditional Use Permit which establishes procedures for renovating or preserving local historic buildings. The City Clerk certified that notices I had been published as required by law and that no communications had been received either for or against this matter. The Planning Director presented the staff report and recommendations of the Planning Commission. There were no communications from the audience 7-27-81 for or against this item; Mayor Laszlo declared the public hearing closed. ORDINANCE NUMBER 1101 - AMENDING ZONING ORDINANCE - HISTORIC STRUCTURES Ordinance Number 1101 was presented to Council entitled "AN ORDINANCE I OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, 'AMENDING CHAPTER 28 OF THE SEAL BEACH CITY CODE BY ADDING SECTION 28-238.1 AND SECTION 28-2403.1 PERTAINING TO HISTORIC STRUCTURES." By unanimous consent, full reading of Ordinance Number 1101 was waived. The Planning Director stated Council had been provided with copies of a revised ordinance that reflects certain changes as recommended by the City Attorney. Vanderstaay moved, second by Krede1l, to approve the introduction of Ordinance Number 1101 and that it be passed to second reading. AYES: Krede1l, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried I PUBLIC HEARING - TENTATIVE TRACT MAP 11444 - FIRST STREET AND MARINA DRIVE Mayor Laszlo declared the public hearing open to consider Tentative Tract Map Number 11444 for the construction of a five unit condominium at First Street and Marina Drive. The City Clerk certified that notices had been mailed to property owners within the area, posted and published as required by law and that no communications for or against this item had been received. The Planning Director presented the staff report, provided a description of the proposed project, stated the Planning Commission had considered Tentative Tract Map 11444 in public hearing and had approved the project subject to the conditions contained in the staff report. The Planning Director noted two Condition's No.3 were presented for consideration, I explained that the Planning Commission had modified the Condition which would require the replacement sidewalk match the existing sidewalk on First Street and not be located adjacent to the curb, and requested Council approval of one of the proposed Condition's No.3. There were no communications from the audience regarding this matter; Mayor Laszlo declared the public hearing closed. 7-27-81 RESOLUTION NUMBER 3084 - APPROVING TENTATIVE TRACT MAP 11444 - FIRST STREET AND MARINA DRIVE Resolution Number 3084 was presented to Council entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING TENTATIVE TRACT MAP NO. 11444." By unanimous consent, full reading of Resolution Number 3084 was waived. Council discussed the proposed curb cut from Central Avenue, I parking requirements, and access to on-site parking from the alley. Vanderstaay moved, second by Kredel1, to approve Condition No. 3 as recommended by the Planning Commission and adopt Resolution Number 3084 as presented. AYES: Kredel1, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried ORDINANCE NUMBER 1099 - PARKING PERMITS - TWO HOUR PARKING Ordinance Number 1099 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 13, ARTICLE XII OF THE SEAL BEACH MUNICIPAL CODE RELATING TO PARKING PERMITS," By unanimous consent, full reading of Ordinance Number 1099 was waived. Kredell moved, I second by Supple, to adopt Ordinance Number 1099 as presented. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried DISCUSSION - ARCHITECTURAL REVIEW BOARD - PROPOSED ORDINANCE NUMBER 1090 The Planning Director reported that pursuant to Council direction, the concept of an Architectural Review Board for the City of Seal Beach has been under consideration since 1978, extensively researched by the staff, considered in public hearings by the Planning Commission, reviewed by the City Council and the City Attorney. Mr. Romaniello stated that the ordinance presented for discussion had been revised I to reflect concerns previously expressed by the City Attorney and the City Council. Councilman Supple expressed objection to Section 3A-9 with regard to the criteria for development of a satisfactory visual appearance and"recommended deletion of Section 3A-9 in its entirety. The City Attorney stated that Section 3A-9 provided basic guidelines 7-27-81 on which the Architectural Review Board could base their findings and recommended the section be retained. Mayor Laszlo voiced his objection to Section 3A-7(b) regarding approvals required for painted, repainted or textured exteriors of buildings. It was the consensus of 1 the Council that proposed Ordinance 1090 be brought back to Council for formal public hearing. PROPOSED ORDINANCE NUMBER 1102 - SEWER SERVICE CHARGE Proposed Ordinance Number 1102 was presented to Council 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." Laszlo moved, second by Vanderstaay, to postpone this item until the second meeting in August when a full Council would be present. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried I RESOLUTION NUMBER 3085 - HONORING EDWIN H. RIPPERDAN - PLANNING COMMISSIONER Resolution Number 3085 was presented to Council entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL HONORING EDWIN H. RIPPERDAN FOR ELEVEN YEARS OF DEDICATED SERVICE TO THE CITY OF SEAL BEACH AS A MEMBER OF THE PLANNING COMMISSION" and read in full by Mayor Laszlo, Kredel1 moved, second by Vanderstaay, to adopt Resolution Number 3085 as presented. AYES: Krede1l, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried RESOLUTION NUMBER 3086 - REQUESTING COUNTY FUNDS - RESTORATION OF ZOETER SOFTBALL DIAMOND - SCHOOL DISTRICT AGREEMENT - ZOETER SCHOOL Resolution Number 3086 was presented to Council entitled "A RESOLUTION I OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE REQUEST FOR COUNTY FUNDS TO ASSIST IN THE RESTORATION OF ZOETER SOFTBALL DIAMOND." By unanimous consent, full reading of Resolution Number 3086 was waived. The Recreation Director reported the City Attorney had recommended two minor changes to the agreement between the City 7-27-81 and the School District for the use of Zoeter School facilities, that the sentence "Activities in conflict, or not legally allowed to be conducted on school premises, are not authorized" be deleted from Section 1, and that Section 4, Termination of Agreement, be amended to provide for "ninety (90) days written notice", Kredell moved, second by Supple, to adopt Resolution Number 3086 as presented. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried Kredell moved, second by Vanderstaay, to approve the Agreement between the City and the School District for use of Zoeter School softball facilities for the term July 14, 1981 through July 14, 1991, as amended. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried RESOLUTION NUMBER 3087 - DENYING APPEAL A-1-8l - W, HEATH & COMPANY (FIRST INTERSTATE BANK) - SIGNING Resolution Number 3087 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL DENYING APPEAL A-I-8l ON THE PLANNING COMMISSION'S DENIAL OF VARIANCE V-1-8l FOR CHANGES TO A SIGN AT 13916 SEAL BEACH BOULEVARD." By unanimous consent, full reading of Resolution Number 3087 was waived. The Planning Director requested that items (d) and (e) respectively under the Findings be amended to include the wording ".. . because new and rebuilt signs must conform to Code" and " ' ,..S1nce new signs must comply with Code and illegal signs are being amortized." Kredell moved, second by Vanderstaay, to adopt Resolution Number 3087 as amended. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried RESOLUTION NUMBER 3088 - APPOINTING HISTORICAL/CULTURAL SOCIETY AS CITIZEN COMMITTEE TO ASSIST IN HISTORIC PRESERVATION ELEMENT Resolution Number 3088 was presented to Council entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPOINTING THE SEAL BEACH HISTORICAL I I I 7-27-81 I AND CULTURAL SOCIETY AS THE,CITIZEN'S COMMITTEE TO ASSIST THE PLANNING COMMISSION IN PREPARING AN HISTORIC PRESERVATION ELEMENT TO THE GENERAL PLAN." By unanimous consent, full reading of Resolution Number 3088 was waived. The Planning Director reported that the Planning Commis- sion had recommended to the City Council that the Seal Beach Historical and Cultural Society be officially recognized as the citizen committee to assist the Planning Commission in developing a Historic Preservation Element to the General Plan, in accordance with state guidelines. Councilman Supple requested that prior to recognizing the Historical Society as the citizen's committee as recommended, that the Council be provided with the following information for review: the Articles of Incorporation, By-Laws, the number of members, whether they hold regular and open meeting and when, if dues are paid, if they issue publications and copies of their minutes showing actions taken by the Society. The President of the Historical Society indicated that the items requested would be provided. Supple moved, second by Vanderstaay, that the documents be provided for Council review, to be reconsidered the first meeting in September. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried CONSENT CALENDAR I I Supple moved, second by Kredell, to approve items on the Consent Calendar as recommended. K. Approved the minutes of the regular meeting of July 14, 1981 as presented. L. Approved regular demands numbered 40746 through 41004 in the amount of $404,494.55; payroll of July 17, 1981 plus demands numbered 33068 through 33078 in in the amount of $160,502.25 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. Denied the claim of Marion Braunshausen for damages. Krede1l, Laszlo, Supple, Vanderstaay M. AYES: NOES: ABSENT: None Seitz Motion carried 7-27-81 REPORT - OLD POLICE BUILDING - 201 - 8th STREET The City Manager stated he had contacted Newman Brettin Properties to ascertain their interest in leasing the subject building rather than purchasing it and reported they had advised a lease would not be feasible due to the substantial rehabilitation costs involved and the 1 need for mortgage financing, and recommended that the Council authorize the City Attorney and the City Manager to prepare an exclusive negotiating contract with Newman Brettin Properties for the sale/ purchase of the building. Supple moved, second by Vanderstaay, to postpone this item until the first meeting when a full Council would be present. AYES: Krede1l, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried REPORT - TERMITE INFESTATION - CITY ADMINISTRATION BUILDINGS and OLD POLICE BUILDING The City Engineer reviewed a report presented to Council in July 1980 Buildings and the old Police Building and noted additional damage has I recommending treatment of termite infestation of the City Administration been observed in recent months. Mr, Johnson recollUl1ended Alternate C, to seal and gas treat the City Hall and old Police Building and estimated the cost to be $10,000. Discussion followed. Supple moved, second by Vanderstaay, to authorize the staff to obtain proposals described as Alternatives Band C, to be presented to the Council for consideration. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried REPORT - 1981-82 SIDEWALK REPAIR PROGRAM The City Engineer reported on the recently completed 1980-81 Sidewalk Repair Program which included sidewalks uplifted two inches or more, I, and requested Council direction to establish guidelines for the 1981-82 Program which could include sidewalks uplifted one inch or more and curb replacement, Councilman Kredell stated he favored repair of all damaged curbs, objected to payment of those repairs by the property 7-27-81 I owner and suggested funding for curb repair be sought, Councilman Supple referred to potential liability on the part of the City and suggested the City Manager and City Attorney further investigate all alternative methods of financing curb and sidewalk repair for consideration of the Council, The City Engineer stated he would prepare a report of the estimated cost for repairing damaged curbs. Mayor Laszlo referred to a previous proposal for a small citywide assess- ment on the water billing to provide for an ongoing repair program. REPORT - ARCHITECTURAL REVIEW COMMITTEE - SUNSET BEACH WATER TOWER The City Engineer stated that one of the conditions of sale of the Sunset Beach Water Tower to Mr. George Armstrong was that an Architectural Committee be appointed to review the plans for the restoration of the Tower. Mr. Johnson reported that Mr, Armstrong would now like to present the plans to the Committee for review prior to submitting them to the Planning Commission and the Council for approval. Mr. Johnson stated the staff report contained the names of persons who had indicated an interest in serving on this Committee and requested Council select those persons they wish to serve on the Committee. Kredell moved, second by Vanderstaay, to appoint the six persons listed, Virginia Strain, Barbara Schneider, Phillis Maywhort, Ruth Chisler, Ella Rowe and Barbara Rountree. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried APPOINTMENT - ORANGE COUNTY HEALTH PLANNING COUNCIL Kredell moved, second by Laszlo, to reappoint Mrs. Francis Richland as this city's representative to the Orange County Health Planning Council for the period of one year and that Councilmember Vanderstaay be appointed as the alternate representative. AYES: Krede1l, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried ORAL COMMUNICATIONS Mayor Laszlo declared oral communications open from the audience. Ms. I I 7-27 -81 Jean Koch, 248 - 17th Street, spoke on behalf of 17th Street residents who had submitted a petition to the Council objecting to noise, trash, disturbances and illegal aliens residing at the Holiday Motel on Seal Beach Boulevard. Ms. Koch provided pictures of trash conditions at the Motel site to the Council and stated reports and complaints to the Fire and Police Departments has provided no results, Bruce Kramer, Allen Whafielf and Mrs. Wilson, 17th Street residents, all spoke regarding living conditions and disturbances at the Motel. The City Manager stated he would investigate the complaint from a health and safety standpoint, review the police records and noted illegal alien matters would be referred to the appropriate federal agency, Councilman Kredel1 requested a resolution be prepared honoring Robert Flint for service to the community as a member of the Parks and Recreation Department from District One, and stated the new Commission member, Marilyn Reiley, had requested job descriptions of the Park and Recreation Director, the Recreation Supervisor and the Sports Coordinator. Mayor Laszlo requested the area adjacent to the College Park East sound barrier wall be cleaned of litter. There were no other oral communi- cations; Mayor Laszlo declared oral communications closed. CLOSED SESSION It was the order of the Chair with consent of the Council to adjourn to Closed Personnel Session at 9:12 p.m. The meeting reconvened at 10:43 p.m. with Mayor Laszlo calling the meeting to order. The City Attorney reported Council had discussed personnel matters and that no action had been taken. Councilman Krede1l moved to request the District Attorney investigate possible zoning code violations. There was no second to the motion. ADJOURNMENT Supple moved, second by Vanderstaay, to adjourn the meeting at 10:45 p.m. AYES: Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz ABSTAIN: Kredell Motion carried I I I I I I 7- 27-81 I 8-10-81 . 4t...''JJz City erk and ex-offici clerk of eal Beach City Council APP~'~--../ ~~ Mayor Attest: Seal Beach, California August 10, 1981 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Counci1members Kredell, Supple, Vanderstaay Absent: Councilman Seitz Also present: Mr. Parker, City Manager Mr. Stepanicich, Assistant City Attorney Mr. Johnson, City Engineer/Director of Public Works Chief Picascia, Police Department Mr. Joseph, Assistant City Manager Mrs. Yeo, City Clerk WAIVER OF FULL READING Vanderstaay moved, second by Supple, to waive reading in full of all ordinances and resolutions, and that consent to the waiver of reading shall be deemed to be given by all Council members after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution, AYES: Krede11, Laszlo, Supple, Vanderstaay NOES: None ABSENT: Seitz Motion carried ORDINANCE NUMBER 1100 - NOISE CONTROL ORDINANCE Ordinance Number 1100 was presented to Council for second reading