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HomeMy WebLinkAboutCC Min 1998-08-24 8-10-98 / 8-24-98 Approved: Attest: I Seal Beach, California August 24, 1998 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brown Councilmembers Boyd, Campbell, Doane, Yost Absent: None Mr. Barrow, City Attorney Mrs. Yeo, City Clerk The City Manager joined the City Council in Closed Session. Also present: I APPROVAL OF AGENDA Doane moved, second by Boyd, to approve the order of the agenda as presented. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the three items identified on the agenda, a conference with legal counsel relating to two potential cases of anticipated litigation pursuant to Government Code Sections 54956.9(b) and (b)A, and a case of existing litigation pursuant to Government Code Section 54956.9(a), Lockley versus City of Seal Beach. By unanimous consent, the Council adjourned to Closed Session at 6:32 p.m. and reconvened at 7:01 p.m. with Mayor Brown calling the meeting to order. The City Attorney reported the Council had discussed the items previously identified, the Council gave direction with regard to one item, received status reports on the others, no other action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:02 p.m. C' o clerk 8-24-98 Attest: I Approved: Seal Beach, California August 24, 1998 The City Council of the City of Seal Beach met in regular session at 7:05 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brown Councilmembers Boyd, Campbell, Doane, Yost Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/city Engineer Chief Sellers, Police Department Ms. Beard, Director of Recreation and Parks Mrs. Yeo, City Clerk I APPROVAL OF AGENDA Councilman Boyd requested that Items "H" and "I" be removed from the Consent Calendar for separate consideration, and Councilman Yost requested Item "L" removed. Boyd moved, second by Campbell, to approve the order of the agenda as revised. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried PROCLAMATION Mayor Brown read in full the proclamation designating the month of October, 1998 as "Seal Beach Days" and October 3, 1998 as "Seal Beach Founder's Day." Boyd moved, second by Campbell, to so proclaim. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried I The Director of Recreation and Parks accepted the proclamation on behalf of Founders Day and the Committee. The Director announced a parade to be held on October 3rd around the Electric Avenue greenbelt, a 50's 'Happy Days' theme for the 1998 festivities, and various activities to take place on the 200 block of Main Street. Ms. Carla Watson, Chairperson, invited everyone to participate in the festivities, noted the attendance of the Huntington Beach concert band, the Leisure World American Legion, in addition a golf tournament will be held October 2nd, a bowling 8-24-98 tournament on October 10th, a volleyball tournament is scheduled as well. I ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Mr. Jim Sokoloff, Seal Beach, described in some detail an alleged confrontation by the Police Department against him during the past week, and threatened to do a house cleaning starting with the Police Department. There being no other comments, Mayor Brown declared Oral Communications closed. CONSENT CALENDAR - ITEMS "B" thru "R" Doane moved, second by Boyd, to approve the recommended action for items on the Consent Calendar as presented, except Items "H, I, and L", removed for separate consideration. B. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading 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. C. Approved regular demands numbered 20526 through 20654 in the amount of $419,529.87, payroll demands numbered 488 through 685, 27625 and 27626 in the amount of $178,951.42, and authorized warrants to be drawn on the Treasury for same. I Approved the minutes of the June 8th regular adjourned and regular meetings, and the June 16th regular adjourned meeting. E. Received and filed the staff report relating to the receipt of the Orange County Council of Governments Technical Assistance Program Report regarding "PM 2.5", and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. D. I F. Received and filed the report from staff relating to the receipt of the Orange County Council of Governments Technical Assistance Program Report regarding "Energy policy Act", and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. Received and filed the staff report relating to the receipt of Orange County Council of Governments "Air Quality Update" and Priority Legislation Bill Tracking, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. G. J. Authorized renewal of the Professional Services Agreement with W. G. zimmerman Engineering for supplemental on-call professional services, as authorized by the Director of Public Works, and authorized the City Manager to execute same on behalf of 8-24-98 K. M. the City. Adopted the seven year Capital Improvement program as required by the Orange County Transportation Authority to maintain eligibility under the Measure M funding program. Received and filed the report from staff relating to the receipt of the Final Project Work Plan, Soil Remediation Project for Installation Restoration Site 19 - Building 241 Disposal Pit, Weapons Support Facility, and instructed staff to forward same to the Environmental Quality Control Board and Archaeological Advisory Committee for information purposes. I N. Proclaimed September 21st through the 25th, 1998 as "Lawsuit Abuse Awareness Week." O. Proclaimed the month of October, 1998 as "Independent Living Month." P. Approved the Orange County Times artwork as a new advertiser for the trash receptacles located on the beach and pier under the Adopt A Highway Maintenance Corporation program. Q. R. AYES: NOES: Approved the closure of the 200 block of Main Street on October 3rd, 1998 for the Founders Day Celebration. I Approved renewal of the contract with the City of Cypress for Law Enforcement Court Liaison Services for the period July 1, 1998 through June 30, 1999. Boyd, Brown, Campbell, Doane, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" - AGREEMENT - PROJECT CONSTRUCTION MANAGEMENT I OBSERVATION SERVICES - CRSS CONSTRUCTORS Councilman Boyd asked if this is a new contract for construction management and inspection services or is it renewal of a previous contract, if new, why is it being entered into at this time. The Director of Public Works responded that it is a new contract for services that have previously been contracted out, another firm provided these services last year, it was felt to be time for a change to test the market and negotiate more favorable rates, the rates of this firm are more competitive, explaining that in the past an in-house staff person performed construction inspections, that is now contracted out. He said these services will be utilized for street, water, sewer, and other local projects, utilizing their expertise in a timely"manner to ensure quality, and confirmed that the funds for these services are tied to the construction project. Boyd moved, second by Brown, to approve the Professional Services Agreement with CRSS Constructors for on-call project construction management and observation services, as authorized by the Director of Public Works on a project by I 8-24-98 , project basis, and authorized the City Manager to execute said contract on behalf of the city. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried I ITEM "I" - 1997/98. CITYWIDE SLURRY SEAL PROJECT - PROJECT NUMBER 674 Councilman Boyd inquired as to the reason for rejecting the bids for this project. The Director of Public Works responded that construction firms are busy, which drives the cost up, this may be an aftermath of El Nino, in this case it was felt the prices were out of line, preference would have been for more than two bidders, the thought is to hold back the project until winter or early spring, possibly combine with the 1998/99 funding for a larger project and maybe lower unit costs. Mayor Brown noted that there are not adequate budgeted funds at this point to award the project at the bid cost. with regard to a suggestion for minimum delay, the Director said he would look to rebid the project in possibly six months. Boyd moved, second by Brown, to reject the bids of California Pavement Maintenance of $103,468 and Roy Allen Slurry Seal of $115,430 for the 1997/98 Citywide Slurry Seal project, Project Number 674, approved a budget amendment to combine funding for both the 1997/98 and 1998/99 slurry seal programs, and directed staff to prepare plans and specifications for a combined fiscal years project. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried ITEM "L" - MARINA SHORE PROJECT - LONG BEACH Councilman Yost noted that the property proposed for the Marina Shores Project is the westerly side of Pacific Coast Highway, a rather large commercial development, market, etc., that the Director of Development Services spoke in opposition to the project on behalf of the city before the Coastal Commission, it is felt this project would not be in the best interest of the city, not an appropriate land use, and pointed out that Long Beach offered, as a mitigation measure for increased traffic, to help with the widening of Pacific Coast Highway through Seal Beach, which is not adequate mitigation, noted there is no need for another major super market in this area, and what happens on that property does impact the quality of life in Seal Beach. He noted the Coastal Commission hearing has been continued until October. In response to Council inquiry, the Director said he believed the hearing is scheduled for either San clemente or Oceanside. Yost moved, second by Boyd, to receive and file the status report relating to the Marina Shores project, City of Long Beach, and instructed staff to forward same to the Planning Commission and Environmental Quality Control board for information purposes. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried Boyd moved, second by Campbell, to declare that the Seal Beach City Council officially opposes the Marina Shores project, and requested that a resolution be prepared reflecting same to be forwarded to the Coastal Commission and City of Long Beach. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried 8-24-98 . Mayor Brown requested Council consensus to postpone consideration of the Main Street Improvement item pending the return of an individual having direct interest in that item. The Council concurred. CITY MANAGER REPORTS The Manager offered to speak about the Coastal Commission. Councilman Yost said thoughts are still cautiously optimistic for the Hellman project, there was a meeting this date with one Commissioner and an alternate, the project will be heard, by the Coastal Commission in Eureka on September 9th, with all members of the Council intending to be present to support the opinions of the City. He noted that a few changes have been made to the Plan to address concerns of the Commissioners from a legal standpoint and as an attempt to provide a bit more wetland area, what has been done is felt to have gone a long way to address their concerns, the project is believed to be doable and passable. Mayor Brown said since the meeting will be held in Eureka it is unlikely that many citizens can attend therefore suggested that possibly letters of support be submitted. Councilman Yost noted that Councilmember Campbell provided him with about twenty letters, he has ten, and said as many as possible will be appreciated. It was suggested that they either be submitted to City Hall or the Councilpersons at the earliest possible. The City Manager pointed out that the Commission is made up of appointed Commissioners who are there to interpret the Coastal Act, it is they who are being relied upon to exercise their discretion in a common sense way to approve the Hellman project, at this point a narrow viewpoint is being taken by the Commission staff, their report is just now being distributed and it appears that each new report injects a new condition that is onerous to the City, the newest is the construction of a public parking lot on Seal Beach Boulevard for visitors to Gum Grove Park, basically just outside the backyards of properties on Crestview. Mayor Brown noted that the persons involved in this project worked closely with the Coastal Commission staff, there appeared to be mutual agreement as to be agreement to terms and conditions at the June meeting, yet at the next meeting the staff recommendations were completely changed, to which he noted that in most cases that would not be tolerated by a governing board. Councilman Yost said it has been questioned as to whether the staff directs the Commission or the Commission directs the staff. Mayor Brown suggested to the public that in their letter writing they express their personal views as to why this project is important to the City of Seal Beach where the area will be turned into a pristine wetlands and a recreational place for all to enjoy. Councilman Yost pointed out that this project is the lowest intensive use for that land with eighty percent public access and preserved open space, wetlands restoration, a minimal amount of housing, ingress and egress from Seal Beach Boulevard with minimal impact on traffic, an amazingly pro- project. It was noted that the Commission seems to have a problem with the golf course use. Councilmember Campbell offered that the longer this land sits as it is now the harder it will be to clean up and restore. Councilman Yost noted also that a no development alternative would be much more harmful than the development alternative, that was made clear through the environmental impact report in that the property is so degraded, with the project the site will be restored with private money where if an agency such as the Ports were to take on the restoration it would then become taxpayer money. The Manager noted a news article this date I I I 8-24-98 I reporting that the intent of the Coastal Commission is to also look at the residential parking program in the Old Town area, which would be of concern and a problem for the residents, this the result of the City of Long Beach looking into a similar program however the Commission did not support, Santa Monica has such program too, yet the program in Seal Beach was in place before the Coastal Act, the seriousness of this is yet to be determined. The Manager reported progress is being made to obtain monies for road projects and the Marina Drive Bridge, the Public Works Department has been working closely with Cal Trans and OCTA, approximately $600,000 of grant monies over the next two fiscal years for improvements to Seal Beach Boulevard from Lopez Drive to the 405 Freeway, and a retrofitting program has been approved that will apply about $2 million to the Marina Drive Bridge, the Bridge project will involve minimal City funds. I ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Ms. Carla Watson, Crestview Avenue, made reference to the property on Pacific Coast Highway that the City of Long Beach is proposing to develop, which she claimed is really wetlands, possibly a picture of that land should be sent to the Coastal Commission, also, a panoramic picture of the Hellman property as it exists today, cracked, parched, desert type land. She mentioned that consideration may be given to prohibiting vehicles in Yosemite because of the impact on the environment over time, to her there is a similar thought with regard to a parking lot in close proximity to Gum Grove Park and the impact on it, to which she noted that there is presently access to the public, bicycles can enter, there is parking, if the Commission continues to say there must be more access it could kill the area or the town with that parking. Ms. Watson suggested that possibly Seal Beach should be declared historic. Councilman Boyd offered that that is not an impossible idea, he has in fact entertained the thought of a public land trust for property in the City with its buildings such as the Girl Scout House, City Hall, etc., and when property is acquired it could be added. There was an indicated consensus of the Council to explore the suggestion, look at the historical aspect as well. Dr. David Rosenman, Seal Beach, reported street light outages in the vicinity of the library and the intersection of 12th and Electric, which have not been repaired since he previously reported them to staff. Dr. Rosenman mentioned damage to a tree adjacent to Walt's Wharf which has not been taken care of, also made reference to recently planted trees on 12th Street to which he said they are dry and in need of water, suggesting that between the Tree Committee and the Council a more formal procedure may need to be established to assure that the property owners care for newly planted trees, possibly a pre- planting contract, of concern is the limited amount of monies for trees or replacement thereof. Councilman Boyd said he too has been watching the 12th Street trees, some property owners have kept them watered and the trees are doing well, others have done nothing, it is a public right of way, the City tries to plant and beautify those areas however the adjacent property owner is entrusted to water, maintain, mow or whatever, and if there are similar right of way improvements in residential areas in the future this should be taken into consideration. Dr. Rosenman said his understanding is that the contract terms of West Coast Arborists in another City is that they oversee maintenance of the plantings for six months. The Director of Public Works I 8-24~98 . responded that the tree adjacent to Walt's Wharf was looked at and it is hoped will survive. With regard to the 12th Street trees, the Director reported that when they were planted there was a contractual four month plant establishment period, it was understood that if the summer was hot it would be necessary to water however the intent is to have them survive on their own, there are many such trees in the City that do without irrigation, nonetheless Public Works and Recreation Departments are committed to see that they are maintained. He mentioned that the grass areas of the parkways are difficult yet historically have been made the responsibility of the adjacent property owners, the City has little power to require them to take care of the parkway, it is more of a community pride issue, in the case of 12th Street that was somewhat different in that the entire street was redone, many of those people have taken care of the plantings, also, when tree replacements are requested they are generally kept irrigated and cared for. Councilman Yost mentioned that the addition of trees and grass not only makes the entire community a better place but increases values as well, a benefit to all. In response to Council, the Director confirmed that Public Works has watered the 12th Street trees, if the weather continues warm that will likely continue, and agreed that the residents should be encouraged to do so. The Mayor suggested that possibly a letter should be sent requesting same. Ms. Arlene Reese, 15th Street, said they nursed one of the grant trees that matched an existing tree, at their home they intentionally did not plant grass as it is hard to care for and maintain, a friend on 12th Street felt the same, and inquired why succulents are not used instead. The Director of Public Works responded that the 12th Street grass areas are from seed, it was inexpensive, the grass was an effort to have something green and growing, the property owners were told if they wished to plant something else they could do so and may still do so, no permit is required for ground covers however are for irrigation and planter improvements. There being no further comments, Mayor Brown declared Oral Communications closed. I I AWARD OF BIDS - MAIN STREET IMPROVEMENT PLAN - STREET AND PARKING LOTS - PROJECT 801 I RESTROOM RENOVATIONS - PROJECT 825 Bids were received until August 18th, 1998, 10:00 a.m. for City Hall and pier Restroom Renovations, project #825, at which time they were publicly opened by the City Clerk as follows: A & G Design Company SC Construction Company $220,000 $275,000 and Bids were received until August 18th, 1998, 11:00 a.m. for Street and Parking Lot Improvements, Project Number 801, at which time they were publicly opened by the City Clerk as follows: I Excel Paving Company Ryco Construction Company $1,740,625.70 $1,787,223.60 The Director of Public Works explained that this item relates to the seven pilot projects that were initiated this past September, pier and City Hall restroom renovations, mid-block crossings in the 100 and 300 blocks, the off-Main parking lot and 10th Street beach lot renovation, ADA access 8-24-98 I improvements, Main Street entry improvements including decorative strips and drainage improvements, and Main Street directional signage. He noted these were separated into two projects for bid purposes, one building construction the other street projects, staff disappointed in the number of bidders as well as the high prices. with respect to the street and parking lot improvements, the two bids were not all that different yet the unit costs were very high for the decorative areas which includes the mid-block crosswalks, the beach lots and the entry improvements, the off-Main parking lot prices seemed to be within reason, the vendor booth that was included in that lot was rather expensive, if it were deleted that would reduce the cost and perhaps it could be built under a separate contract, the total cost of the off- Main lot with the booth deducted would be slightly more than $311,000. The other project thought to be reasonable and should move forward is the directional signage, that $6,936 and felt to be within budget. He said the off-Main lot reflects the need to manage parking, if that is approved it is anticipated to be completed by the holidays which is important to the business community, the other projects are not thought to be time critical and could be deferred to a later date for more competitive bids. The Director recommended approval of the off-Main parking lot and the directional signing for a total of $318,085.25 with the provision of deleting the vendor booth for $105,000. As to the pier and City Hall restrooms, that project received two bids as well, there was some question as to the documentation of the low bidder, that bidder indicated intention to complete the paperwork, the City Attorney reviewed same and determined there were minor irregularities that could possibly be waived however with the understanding that the price bid would not be revised. The Director explained that subsequent to preparation of the staff report a communication from the bidder was that he did not want to complete the paper work or enter into a contract, also requested that he be declared an unresponsive bidder, this posed a problem for staff given the lack of confidence of the contractor as to quality and timeliness, thus the City could be put in a bad position. He noted the second bid of $275,000 was over the project estimate, with the first bidder not qualified that would leave the one non-competitive bid, therefore the recommendation of staff would be to reject all of the restroom renovation bids and rebid the project immediately. Councilman Boyd concurred that the bid price for just two restrooms was quite high, yet this project is very much needed and in a timely manner, to which he inquired if it would be possible to contract for some portions of the project and accomplish part in-house, or would it be less costly to rebid the entire project. The Director said it would be possible to split out portions of the project, however there is no such expertise within the City employ, and noted that the local contractors had been invited to submit bids, most all had too much work, others apologized for not having adequate bonding capacity, again recommended to reject the bids and rebid immediately, award could possibly be the first meeting in October. Councilman Boyd pointed out that the Specific Plan process has been ongoing since 1996, it is now 1998, by rebidding it is likely it may not be scheduled until next spring, there should be no construction on Main Street or the pier in spring or summer, yet emphasized that this project needs to be done. The Director responded that if awarded in October it could conceivably be underway by November with completion by the end of May, and confirmed that a contractor is given so many I I 8-24-98 working days to complete prior to the imposing of penalties. In response to Council he noted that the contractor for the base of the Huntington Beach pier chose not to bid the project. Boyd moved, second by Campbell, to reject all bids for Project Number 825, City Hall and pier Restroom Renovation, and directed that the Project be rebid at the earliest possible time. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried Mr. Pace introduced himself as the estimator for Excel Paving, noted the comment that contractors are quite busy at this time, which he acknowledged is true however the attempt was to submit a competitive bid, explaining that some of the materials called for made the bid somewhat higher as well as the restrictive time frame which called for some overtime, etc. He said they would welcome doing the beach lot yet will be pleased to do the Main Street parking lot if that is the choice. with regard to deletion of the facade, Mr. Pace said the persons who bid that is very capable, it is sometimes difficult for the public to understand the cost for artistic points, to that a response of Council was that there may be reconsideration of the facade itself or redirection of those funds. Councilman Boyd moved to award the bid for Project 801 to Excel paving Company in the amount of $416,149.25 for Street and Parking Lot Improvements with direction to staff to execute a change order to delete the facade from Project 801, the amount of $105,000, also for directional signage in the amount of $6,936.00, for a total contract amount of $318,085.25, and authorized the City Manager to execute the contract on behalf of the City. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried It was noted that the contract is worded in such a way that it allows the Council to award either one or all of the pilot projects. Councilman Boyd made reference to the mid-block crosswalk improvements, inquiring if that would be something the City could do in-house. The Director responded that there is not enough personnel or the expertise to do the quality of work that is anticipated, also, before some of the pilots are rebid it is likely that alternatives for some of the designated materials for the artistic work will be reviewed for cost reductions. Councilman Boyd noted that the costs since the adoption of the Main Street Specific Plan have basically doubled, again suggesting consideration of utilizing City personnel for some of the improvements during the winter months. I COUNCIL CONCERNS Councilmember Campbell announced the upcoming Jerry Lewis Telethon starting September 6th, reported their need for volunteers to do a variety of tasks, and invited anyone having interest in participating to call her or her daughter, interest forms will also be available from City Hall. She announced as well the September 27th Race For The Cure at Fashion Island, again, entry forms available at City Hall. Councilmember Campbell requested that an item be placed on the Council agenda to take a position in support of airport 8-24-98 I use at EI Toro, noting that there are people in South County working with their elected federal officials in support of placing an airport at the Armed Forces Reserve Center. Uncertainty was expressed by members of the Council with suggestions that this issue be postponed for some length of time between thirty to ninety days. Councilmember Campbell announced the Environmental Quality Control Board meeting on Wednesday to consider the Bixby Ranch EIR, and invited all interested persons to attend as it would not be cablecast. She requested also that another study session be held with regard to various topics of interest of the Council. There was consensus to hold a workshop on Thursday, September 3rd at 4:00 p.m. Mayor Brown mentioned that Captain Bernitt contacted himself and others from Leisure World to visit the Station for the purpose of participating in a beautification effort of the Station, possibly along Seal Beach Boulevard, certain organizations in Leisure World that have gardening groups may wish to participate, some beautification in the area of Pacific Coast Highway may be considered as well, which was enthusiastically received, to that it was pointed out that the Navy is willing to provide the land to be worked during designated times, the labor, seed, plants, fertilizers, etc. would be provided by private citizens. The Mayor said he had attended the completion of the sound wall this date, it is attractive, a tremendous asset to those who reside on the north side of Leisure World, plantings along the wall will be forthcoming. To Councilman Boyd the City Clerk advised that the last day to register to vote for the November 3rd election is twenty-nine days prior thereto. Councilman Boyd encouraged all to do so and vote election day. He noted a complaint with the City using styrofoam cups, a product that often ends up as debris on the beach and in the waters, to that he provided a sleeve ,of paper cups for use by the Council and staff, requested and received a consensus that the City not use styrofoam products. He mentioned the installation of a new telephone system at City Hall where the City Council members can now be contracted through voice mail, most of the employees as well. Councilman Yost requested more letters from the citizens in support of the Hellman project which will in turn be transmitted to the Coastal Commission. In response to Councilman Yost, the Director of Development Services reported that copies of the Draft EIR for the Bixby project, the comments thereto, the responses, and technical appendices are available at the libraries, at City Hall, the EIR is on the City's web site, also copies can be made available for loan. Councilman Yost again mentioned support for looking into a historic designation for the City. Councilman Doane expressed appreciation to Mayor Brown for his explanation at the last meeting of his absence from the meeting, the result being a number of calls as to the well being of his wife. With regard to the Utility Users Tax he said his contention has always been that to reduce the Utility Tax there will need to be an increase of another tax, the only variable which is sales tax, he therefore keeps a close eye the bus~nesses, and was pleased to receive the report from Development Services with regard to potential restaurants, to which he made specific reference to a replacement of the former Tortilla Beach with Mr. K's. The Director noted that a CUP application was obtained, has not yet been submitted, therefore details as to the type of restaurant is not known. Councilman Doane recalled that a study some years back showed the restaurant industry as the highest tax producer, service stations second. He said he has also learned that a restaurant that was being developed in the Leisure World I I 8-24-98 / 9-3-98 Shopping Center is now not going to be opened, a number of people are asking what is happening with the Leisure World Center as well, there are several vacancies, two banks, the Quigley's location, the former television store, DalJe is said to be closing, to which he questioned what is causing these vacancies, is the landlord raising rents or whatever. Mayor Brown requested Council concurrence for he and Councilman Doane to meet and discuss this concern with the owners of the Center. Councilman Boyd mentioned that in a search for a short term property in that area he did speak with the person that handles the Leisure World Center however the square foot cost was about fifty percent more than elsewhere. It was confirmed that the construction behind the Center front had been in relation to the intended restaurant. Councilman Boyd suggested the involvement of the City through the City Council in conjunction with the Chamber and Business Association with the Orange County Business Council to look at what types of businesses may be looking to expand and then market Seal Beach. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until September 3rd at 4:00 p.m. to hold a Council workshop. By unanimous consent, the meeting was adjourned at 8:30 p.m. clerk I Approved: Attest: Seal Beach, California September 3, 1998 The City Council of the City of Seal Beach met in regular adjourned session at 4:06 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brown Councilmembers Boyd, Campbell, Yost I Absent: Councilmember Doane Brown moved, second by Yost, to excuse the absence of Councilman Doane from this meeting. AYES: NOES: ABSENT: Boyd, Brown, Campbell, Yost None Doane Motion carried