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HomeMy WebLinkAboutCC Min 1993-07-26 I I I 7-26-93 Seal Beach, California July 26, 1993 The regular adjourned city council meeting scheduled for 6:00 p.m. this date was cancelled as there were no Closed session it,~ for discussion. /' 2~ DATE~ ;;:: jh ~~/f July, 1993. J, Ine M. Y~lerk i y of Seal Beach ,/ Seal Beach, california July 26, 1993 The City Council of the city of Seal Beach met in regular session at 7:10 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Bankston, city Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Seymour, Recreation Director Mrs. Yeo, City Clerk ORAL COMMUNICATIONS Mayor Forsythe declared Oral communications open. Dr. David Rosenman, 8th street, encouraged the preparation of an ordinance regulating entertainment for consideration in the not too distant future, also that the City move forward towards an AB1600 parking mitigation plan. Mr. James Goodwin, Crestview Avenue, spoke regarding campaign financing regulations that he proposed could likely be implemented. He specifically mentioned requiring the filing of an additional campaign statement between election day and the seventeenth day prior; a $250 limit on individual contributions to Council candidates, that amount similar to those of three other jurisdictions, taking into consideration the population and the election of council persons by district in Seal Beach; also establish a voluntary ceiling on campaign expenditures for anyone election. Mr. Goodwin requested-the opinion of staff as to the legality of imposing such regulations. The Mayor asked that Mr. Goodwin provide staff with a copy of the information he presented. Ms. Susan Early, Corona del Mar, spoke of her various inventions, crimes committed against her, including a pornographic video taken of her at the direction of federal officials in an effort to discredit her and distributed worldwide. She offered $100,000 to anyone who could obtain a copy of the video for her, also offered revenue to the city in return for assistance to have her inventions manufactured. Ms. Early was informed that Seal Beach could not be of assistance given its limited revenues, and that her concerns should be brought to the attention of the federal government. Councilman 7-26-93 Brown commended the efforts of Johns Food King Market for their delivery of grocery items to Leisure World residents pending the opening of the new market in the Leisure World Center. Mr. Gordon Shanks, 215 Surf Place, inquired as to the amount of revenue that could be forthcoming to the city through the reactivation of the UNOCAL facility on First Street, a recent 1-. item discussed by the Planning commission. The City Manager responded that dependent upon the number of barrels produced at the recently adjusted barrel tax of 14.7 percent, the return to the city could be estimated somewhere between $100,000 and $175,000. He added that should the reactivation of the facility be approved it would be the recommendation of staff that those revenues be set aside for beach improvements/repair rather than go to the General Fund. PRESENTATIONS FOUNDERS DAY - PROCLAMATION Mr. Seymour, Recreation Director, made reference to a past proposal and resulting decision that the city take the opportunity to celebrate its birthday each year, that proposal referred to the Parks and Recreation Commission, the Founders Day Committee was formed and consists of persons volunteering their time and efforts. He introduced Ms. Dorothy Whyte, the committee Chairperson. stating that Seal Beach is rich in volunteers, Ms. Whyte recognized individuals and groups who have volunteered their services thus far to the upcoming month-long Founders Days activities, described their areas of responsibility, and encouraged others to join the Committee. She noted that use of the 75th Anniversary logo has been authorized; a suggestion has been made to allow use of the logo in a tasteful manner by local businesses through the sale of a use permit; a policy has been established to designate forty percent of any proceeds to cover the cost of Founders Days activities, sixty percent designated for Parks and Recreation and/or city projects; and a list is to be compiled of those assisting with Founders Day activities, to also be available to the City once a volunteer policy is adopted. Ms. Whyte described some of the programs planned throughout the month of October, said it is hoped this event will become an annual tradition, and presented the City with an updated business list compiled by Dick and Susan Davies with the assistance of Councilman Doane. I Mayor Forsythe read the Proclamation declaring october, 1993 as "Seal Beach Days" and October 30, 1993 as "Seal Beach Founder's Day" and presented same to Chairperson Whyte. JUNIOR WOMENS CLUB Mayor Forsythe recognized another volunteer group in the community, the Junior Womens Club, the proceeds from their activities also a benefit to the community, most recently the improvements to the Beach Tot Lot. Ms. Rosie Brown, President of the Juniors, Ms. Jody Okun, and Ms. Ellen Freedman were introduced, with Ms. Okun announcing the dedication to the city of the refurbished/expanded beach Tot Lot. Mayor Forsythe noted I that the proceeds from the Junior Womens Club Lasagna Dinner, approximately $8,000, are designated for improvements at Marina Park. She conveyed appreciation to the Juniors on behalf of the City, and presented the organization with a certificate in recognition of their many efforts. 'I I I 7-26-93 COUNCIL ITEMS APPOINTMENTS - BOARDS and COMMISSIONS Environmental Oualitv Control Board Councilmember Hastings appointed Mr. John Nakagawa as the District One representative to the Environmental Quality Control Board for the four year term expiring July, 1997. Parks and Recreation Commission Councilmember Hastings requested that the Park and Recreation Commission appointment be held over until next meeting. proiect Area Committee Councilmember Hastings reappointed Ms. Sandra Blair as the District One business representative to the Project Area Committee for the two year term expiring July, 1995. Archaeoloaical Advisorv Committee Councilman Doane appointed Ms. Susan Davies as the District Five representative to the Archaeological Advisory Committee. Doane moved, second by Laszlo, to confirm the appointments as stated. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried POTENTIAL CONFLICT OF INTEREST Councilman Laszlo mentioned his understanding that there is a potential for conflict of interest of Mr. Fife, the District Four representative to the Planning Commission, in considering the Bixby property proposal in that his residence is within three hundred feet of that project. The city Attorney referred to the memorandum presented to Council this date proposing four options available for Council consideration in this matter: 1) take no action, the project then considered and voted upon by four Planning Commissioners; 2) accept the resignation of Commissioner Fife and appoint a new Commissioner; 3) remove Commissioner Fife and appoint a new Commissioner; or 4) take actions necessary to appoint alternate Commissioners for each District, to serve whenever the appointed Commissioner is excluded or otherwise unable to participate. He noted that alternative number four could be accomplished either through a Charter amendment, or adoption of an ordinance which could be accomplished within two to four months. Councilman Laszlo asked that this issue be brought back to the Council for discussion at the next meeting, allowing time to discuss the matter with Mr. Fife. CONSENT CALENDAR - ITEMS "E" thru "0" The City Manager explained that approval of Item "H" is to also be subject to the approval of the city Attorney. Doane moved, second by Hastings, to approve the recommended action for items on the Consent Calendar as presented. E. Approved the minutes of the July 12th, 1993 regular meeting. F. Received and filed the Monthly Investment Report as of June 30, 1993. G. Approved the Agreement between the City of Seal Beach and the Orange County Transportation Authority for the Senior Nutrition Transportation Program for the period July 1, 1993 through June 30, 1994, and authorized the city Manager to execute the Agreement on behalf of the City. 7-26-93 H. I. Approved the Senior Meals Program Agreement between the City of Seal Beach and the Senior Meals and Services, Inc. for the period commencing July 1, 1993 for a period of four years expiring June 30, 1997, and authorized the City Manager to execute the Agreement on behalf of the City subject to the approval of the City Attorney. Adopted Ordinance Number 1371 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 1 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO VIOLATIONS AND PENALTIES." By unanimous consent, full reading of Ordinance Number 1371 was waived. 1- J. Adopted Resolution Number 4246 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1993/94." By unanimous consent, full reading of Resolution Number 4246 was waived. K. Received and filed the Annual Financial Statements for Fiscal Year 1990/91 - City of Seal Beach Single Audit for Federally Assisted Grant Programs. L. M. Declared the District One position on the Beach Commission vacant for the unexpired term ending July, 1994, the vacancy occurring as a result of the relocation of Mr. Steven Downs from the City. I Received and filed the response of the Environmental Quality Control Board to the "Notice of Intent to Prepare a Draft Environmental Impact Report (DEIR) for the Proposed Bolsa Chica Project," and .instructed staff and the EQCB to review the Draft EIR when available, prepare "Draft Comments", and present same to the city Council for final review and approval of "Final Comments on the Draft . Environmental Impact Report (DEIR) for the proposed Bolsa Chica Project". N. Approved Amendment (B) to the West Orange County Water Board Joint Powers Agreement (method of fixing Board member compensation). O. Adopted Resolution Number 4247 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH.CALLING FOR CONTINUED PRODUCTION OF THE USAF/McDONNELL DOUGLAS C-17 GLOBEMASTER III AIRLIFTER AND INVITING CITY, COUNTY AND OTHER PUBLIC OFFICIALS OF THE LOS ANGELES-ORANGE COUNTY REGION TO ADOPT RESOLUTIONS AND SUPPORT STATEMENTS URGING THE AIR FORCE, THE DEPARTMENT OF DEFENSE, THE PRESIDENT OF THE UNITED STATES AND OTHERS TO CONTINUE PRODUCTION OF THE USAF/McDONNELL DOUGLAS C-17 GLOBEMASTER III AIRLIFTER AS AN INTEGRAL PART OF OUR NATIONAL DEFENSE SYSTEM AND A STRONG REGIONAL ECONOMY." By unanimous consent, full reading of Resolution Number 4247 was waived. I P. Adopted Resolution Number 4248 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE FILING OF A TRI-CITY GRANT APPLICATION WITH THE STATE .1 I I ...~. 7-26-93 OF CALIFORNIA FOR A POLICE TRAFFIC SERVICES PROJECT." By unanimous consent, full reading of Resolution Number 4248 was waived. Q. Approved regular demands numbered 2417 through 2431 in the amount of $223,512.45, regular demands numbered 2541 through 2834 in the amount of $588,879.67, and payroll demands numbered 2445 through 2806 in the amount of $953,266.99 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 7:53 p.m. The Council reconvened at 8:01 p.m. with Mayor Forsythe calling the meeting to order. PUBLIC HEARING - DEVELOPMENT AGREEMENT I TRAFFIC IMPACT FEE - BJ's PIZZERIA - 209 MAIN STREET Mayor Forsythe declared the public hearing open to consider a Development Agreement for BJ's Pizzeria (Conditional Use Permit 92-23 and Variance 92-3) and a request for adjustment or waiver of the Traffic Impact Fee. The City Clerk certified that notice of the public hearing had been advertised and mailed as required by law, and reported no communications received either for or against this item. The Director of Development Services explained that preparation of the Development Agreement was one of the conditions of approval for this project, the Planning Commission recommended approval of the Agreement, however there was discussion relating to adjustment or waiver of the Traffic Impact Fee. He noted that staff has recommended reduction of that Fee, revised language to that effect has been incorporated into the Agreement, and accepted by the applicant. Mayor Forsythe invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. Greg Herbert, applicant and general partner, acknowledged acceptance of the terms and conditions of the Agreement, and extended appreciation to City staff for their efforts relating to this project. Mr. Gordon Shanks, 215 Surf Place, indicated he was not necessarily opposed to BJ's Pizzeria, rather opposed the process and development agreements, and recommended that a policy should be developed to clearly set forth the requirements for such projects at the onset rather than making determinations on a project by project basis. The Mayor noted that Council has directed that a Parking Plan and Specific Plan be prepared for Main Street, including land use designations. Dr. David Rosenman, 8th Street, inquired if this project would be subject to payment of its fair share for parking spaces once the AB1600 study is completed. Staff explained that the developer will receive credit for the payments in lieu of parking spaces, however in the event a future parking program is adopted the developer, pursuant to Sections 12.3 and 13.2 of the Agreement, may be subject to additional payments. Ms. Gail Ayres, Central Avenue, inquired as to the specific amount of fees required of this project. The Director of Development Services explained that in accordance with the provisions of the Traffic Impact Fee ordinance and resolution approximately $19,500 would have been required on a per square foot basis for traffic impact. He explained further that at the time the Traffic Impact Fee was considered it was not the intent of staff that such fee be applied to existing structures, rather to new construction, therefore to apply one hundred percent of that fee to existing structures, where they have been vacant for a period of ninety 7-26-93 days or more and have lost their nonconforming status, was not felt to be economically viable, and vacant buildings would likely remain as such given the amount of that fee. He noted the Agreement proposes the reduction of the Traffic Impact Fee to twenty-five percent, a one time fee of approximately $4,700. Staff clarified that the Agreement calls for a one time $1,000 per parking space fee, $23,000, as well as a Traffic Impact Fee I of approximately $4,700. Ms. Ayres objected to any reduction of - the Traffic Impact Fee. There being no further comments, Mayor Forsythe declared the public hearing closed. The city Manager clarified that at the time the Traffic Impact Fee was considered it was explained that the traffic mitigation fee must have a nexus to the impact on traffic, the generation of new traffic. In this case the project lost its nonconforming status as a result of being closed for more than the ninety days, thus viewed as a vacant, no use building rather than a restaurant to restaurant use, and the opinion of staff is that twenty-five percent of the total fee is felt to be adequate, pending a further review of the application of the Traffic Impact Fee. ORDINANCE NUMBER 1372 - DEVELOPMENT AGREEMENT - BJ's PIZZERIA - 209 MAIN STREET Ordinance Number 1372 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND BISCHELL 209 MAIN STREET L.P. FOR THE BJ's PIZZERIA PROJECT (209 MAIN STREET - CUP 92-23)." By unanimous consent, full reading of Ordinance Number 1372 was waived. Doane moved, second by Brown,. to approve the introduction of Ordinance Number 1372 as presented and that it be passed to second reading. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I The City Attorney clarified that the motion approved first reading of Ordinance Number 1372 with the reduced Traffic Impact Fee. COUNCIL CONCERNS Councilmember Hastings described an experimental beach erosion project in Avalon, New Jersey, utilizing large concrete blocks of varied shapes as a reef-type buffer. She suggested that this concept be followed to determine its effectiveness over time. Councilman Doane reported the recent birth of a son to Mr. Richard Williamson, Naval Weapons Station, Public Affairs Officer. Councilman Doane also conveyed a happy birthday to his wife. As a point of clarification, Council indicated their desire that staff review the Traffic Impact Fee provisions for further consideration of the Council. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Gordon Shanks, 215 Surf Place, having recently returned from the mid- west states, asked that good thoughts be conveyed to that area where disastrous floods are being experienced. There being no further comments, Mayor Forsythe declared Oral Communications closed. I CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, August 9th at 6:00 p.m. to meet in Closed Session if deemed necessary. The meeting was adjourned by unanimous consent at 8:23 p.m. I I I 7-26-93 I 8-9-93 of the Approved: 4'1~ ./ iL ..~_/ '. Mayor Attest: Seal Beach, California August 9, 1993 The regular adjourned city Council meeting scheduled for 6:00 p.m. this date was cancelled as there were no Closed Session items to be considered. 1993. Seal Beach, California August 9, 1993 The City Council of the city of Seal Beach met in regular session at 7:00 p.m. with Mayor ProTem Doane calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Doane Councilmembers Brown, Hastings, Laszlo Absent: Mayor Forsythe Brown moved, second by Doane, to excuse the absence of Mayor Forsythe from this meeting. AYES: NOES: ABSENT: Brown, Doane, Hastings, Laszlo None Forsythe Motion carried Also present: Mr. Bankston, city Manager Mr. Barrow, city Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk WAIVER OF FULL READING Brown moved, second by Laszlo, 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