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HomeMy WebLinkAboutCC Min 1993-08-09 I I I 7-26-93 / 8-9-93 ./} ,- / ty)Clerk and ex-off it~of Seal Beach of the Approved: /~"'~_/I' 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 8-9-93 reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: ABSENT: Brown, Doane, Hastings, Laszlo None Forsythe Motion carried ORAL COMMUNICATIONS There were no Oral Communications. 1- PRESENTATION Mayor ProTem Doane proclaimed August 21, 1993 as "Volunteer Firefighter Recognition Day" and presented the proclamation to Volunteer Captain Joe Kalmick. Captain Kalmick accepted on behalf of the Volunteers, and expressed appreciation for the recognition of their efforts on behalf of the community of Seal Beach and the Orange County Fire Department. Captain Kalmick announced the upcoming End of Summer Party, hosted by the Volunteers, on Saturday, September 11th, at the 10th Street beach parking lot, and extended an invitation for all to attend. He confirmed a recent dry grass fire on the Hellman property, that the result of illegal use of fireworks. Members of the Council acknowledged with appreciation the demonstration before the last Council meeting of a replacement fire vehicle, to which captain Kalmick explained the greater capabilities of the newer truck. COUNCIL ITEMS APPOINTMENT - PARKS and RECREATION COMMISSION Councilmember Hastings moved to appoint Ms. Mary Johnson as the District One representative to the Parks and Recreation Commission for the full term of three years expiring July, 1996. I Mayor ProTem Doane seconded the motion. AYES: NOES: ABSENT: Brown, Doane, Hastings, Laszlo None Forsythe Motion carried POTENTIAL CONFLICT OF INTEREST - PLANNING COMMISSION The city Manager reported receipt of a written communication from Mr. Phillip Fife submitting his resignation as the District Four representative to the Planning Commission. Brown moved, second by Laszlo, to accept the resignation of Mr. Fife and declare the position vacant. AYES: NOES: ABSENT: Brown, Doane, Hastings, Laszlo None Forsythe Motion carried Councilman Laszlo requested that an appropriate recognition of Mr. Fife's services to the community as a member of the Planning Commission be prepared. CONSENT CALENDAR - ITEMS "D" thru "K" Councilmember Hastings requested that Item "D" be removed from the Consent Calendar, and the City Manager requested that Item I "E", Demands on the Treasury, be removed from the agenda and be held over to the next meeting. Brown moved, second by Hastings, to approve the recommended action for items on the Consent Calendar, except Items "0 and E", as presented. F. Ordinance Number 1372 received second reading and was adopted entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND BICHSEL, 209 MAIN STREET L.P. FOR THE BJ's PIZZERIA PROJECT," said Agreement reflecting I .1 I .' 8-9-93 the adjustment of the Traffic Impact Fee. By unanimous consent, full reading of Ordinance Number 1372 was waived. Accepted the resignation of Mr. Gale Thomas as the District Three representative to the Parks and Recreation Commission, and declared the position vacant for the unexpired term ending July, 1994. H. Received and filed the staff report relating to repair of the west end of the Edinger Avenue Bridge at the Bolsa Chica Channel (Sunset Aquatic Park), the repair and replacement work the responsibility of the County of Orange. G. I. Approved the plans and specifications for Project Number 638, the resurfacing of streets in College Park East, and authorized the City Manager to advertise for bids. J. Adopted Resolution Number 4249 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Resolution Number 4249 was waived. K. Approved Project Number 637, the installation of additional soil contamination monitoring wells at the south of the City Yard facility by E.C.E. Services, Inc. in the amount of $15,400, authorized the city Manager to appropriate $3,400 from unallocated reserves over the budgeted amount of $12,000 to fund the project, and to execute the contract on behalf of the City. AYES: NOES: ABSENT: Brown, Doane, Hastings, Laszlo None Forsythe Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "0" - MINUTES Councilmember Hastings requested that the minutes be amended to reflect reference to Sections 12.3 and 13.2 of the BJ's Pizzeria Development Agreement relating to possible future payment of additional in-lieu parking fees. Hastings moved, second by Brown, to approve the July 26th, 1993 minutes as amended. AYES: NOES: ABSENT: Brown, Doane, Hastings, Laszlo None Forsythe Motion carried PUBLIC HEARING - ZONE CHANGE 93-1 - 16 MARINA DRIVE - GROTEMAT TRUST PROPERTY Mayor ProTem Doane declared the public hearing open to consider Zone Change 93-1 for property located at 16 Marina Drive. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received either for or against this matter. The Director of Development Services presented the staff report with regard to the request to change the zoning from Commercial Park to Service Commercial for this approximate 24,500 square foot parcel 8-9-93 adjacent to the Department of Water and Power property, south of Marina Drive. He noted that at the time the Department of Water and Power specific Plan was being considered this parcel had likewise been considered to be included in that Plan, however the record reflects that the Council excluded the subject property from the Specific Plan at the request of a representative of the Grotemat Trust, yet when the zoning for the DWP site was I" established the zoning classification for the Trust property did not revert back to commercial/residential use. The Director explained that the request is to formally remove the subject property from the DWP Specific Plan and Commercial Park classification, change the zoning to Service Commercial, the least intense commercial use within the City which would allow light retail, office, etc. use. He confirmed that there are no development plans for the property at this time, current use being a retail establishment and a single family home, and in response to a question of Council stated that a restaurant use could be proposed through the Conditional Use Permit process, residential use would require a zone change and General Plan amendment, and noted that a representative of the Trust had indicated agreement with the Service Commercial designation when considered by the Planning Commission. Mayor ProTem Doane 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. James Rourke, Trustee for the Grotemat Trust, expressed support for the zoning classification as proposed. He reported that the last beneficiary of the Trust is now deceased thus the Trust will terminate in due time upon sale of the property. With regard to a use of the property other than service commercial, some type of residential use for instance, Mr. Rourke noted that the Trust will not be developing I the property and future use will be proposed by whomever purchases the site. In response to Council inquiry, Mr. Gordon Shanks, Surf Place, said he had spoken in support of the proposed zoning classification at the time of the Planning Commission hearing. There being no further comments, Mayor ProTem Doane declared the public hearing closed. ORDINANCE NUMBER 1373 - ZONE CHANGE 93-1 - 16 MARINA DRIVE - GROTEMAT TRUST PROPERTY Ordinance Number 1373 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING ZONE CHANGE 93-1, CHANGING THE ZONING FROM COMMERCIAL PARK (C-P) TO SERVICE COMMERCIAL (C-1) AT 16 MARINA DRIVE." By unanimous consent, full reading of Ordinance Number 1373 was waived. Hastings moved, second by Laszlo, to approve the introduction of Ordinance Number 1373 and that it be passed to second reading. AYES: NOES: ABSENT: Brown, Doane, Hastings, Laszlo None Forsythe Motion carried PUBLIC HEARING - NON-SUBDIVISION PARK and RECREATION FEE Mayor ProTem Doane declared the public hearing open to consider I establishing a fee for non-subdivision park and recreation. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received either for or against this item. The Director of Development Services presented the staff report, noted a prior Council direction that staff initiate the process to increase the non-subdivision park and recreation fee to the same level as the fee for newly subdivided lots, $10,000, however inclusion of that fee in the most recent fee resolution was inadvertently missed, therefore amendment of the fee resolution is proposed establishing the non-SUbdivision park and recreation fee at I I I 8-9-93 $10,000 upon the construction and occupancy of each residential unit which results in a net increase in the city's housing stock. There being no comments from the audience, Mayor ProTem Doane declared the public hearing closed. RESOLUTION NUMBER 4250 - AMENDING RESOLUTION NUMBER 4195-- NON- SUBDIVISION PARK AND RECREATION FEE Resolution Number 4250 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING RESOLUTION NO. 4195 ESTABLISHING A FEE FOR NON-SUBDIVISION PARK AND RECREATION." By unanimous consent, full reading of Resolution Number 4250 was waived. In response to questions of Council, the Director of Development Services explained that this fee would generate to the park and recreation funds, available for park improvements, park acquisition, including activities along the beach areas as they are designated as parks in the General Plan. The City Attorney confirmed that these monies could be used for sand replenishment purposes. Hastings moved, secon~ by Laszlo, to adopt Resolution Number 4250 as presented. AYES: NOES: ABSENT: Brown, Doane, Hastings, Laszlo None Forsythe Motion carried AWARD OF BID - PROJECT NUMBER 636 - RECONSTRUCTION - OCEAN AVENUE ALLEY/MARINA DRIVE STORM DRAIN The City Manager presented the staff report relating to the bids received for Project Number 636, noted specifically that the low bidder, Fecit Strata, had not submitted a bid bond with the bid package, whereby project specifications state that a bid shall not be considered unless the bidders security is included therewith. He recommended that the bid of Fecit Strata be rejected and awarded to the second lowest bidder, civil Works Corporation. The Manager pointed out that the project includes an alternate bid for the construction of a storm drain on Central Avenue, the approximate cost of $10,000 to be borne by the property owner, as well as replacement of two damaged corrugated steel pipe storm drains on Fifth Street with a single reinforced concrete box culvert, the estimated $18,000 cost of which was not allocated in the 1993/94 budget. Hastings moved, second by Laszlo, to reject the low bid of Fecit Strata, award the bid to the second lowest bidder, civil Works Corporation in the amount of $138,671.13, and authorized the City Manager to execute the agreement on behalf of the city and to appropriate $18,000 from Measure M funds. AYES: NOES: ABSENT: Brown, Doane, Hastings, Laszlo None Forsythe Motion carried COUNCIL CONCERNS In response to Councilman Brown, the Director of Development Services advised that the theater issue in the Rossmoor Center is expected to be considered by the Planning Commission at their first meeting of September. To a question of Councilman Laszlo, the City Clerk explained that notice of the District Four Planning Commission vacancy will be posted for a period of at least ten days and appointment to the vacant position may be made at the next meeting. With regard to activities on the pier, the City Manager reported some seismic investigations and borings have been done on various pylons, one thus far determined to have been damaged by the earthquake, another in need of replacement, and noted the award of bid for repairs to the pier as a result of the fire will likely be presented to Council for consideration by the first meeting in September, the pre-job investigation taking. place now so that all repairs can be made at once. In jest, Councilmember Hastings mentioned that there would be more monies 8-9-93 I 8-23-93 available for beach sand if there were not so many street repair projects in College Park East. ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION No Closed Session was held. I ADJOURNMENT It was the order of the Chair, with consent of adjourn the meeting until Monday, August 23rd, to meet in Closed Session. the Council, to 1993 at 6:00 p.m. The meeting was adjourned by unanimous consent at 7:40 p.m. './"'V , of the I Seal Beach, California August 23, 1993 The city Council of the City of Seal Beach met in regular adjourned session at 6:00 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 Mrs. Yeo, City Clerk CLOSED SESSION The City Attorney announced that the City Council would meet in I Closed Session pursuant to Government Code section 54956.9(a) to discuss the matter of Sweet versus City of Seal Beach, pursuant to Section 54956.9(b) discuss matters where, in the opinion of the City Attorney, there is significant exposure to a threat of litigation, and time permitting provide a status report relating to the Mola and Stark cases. It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 6:02 p.m. The Council reconvened at 6:37 p.m. with Mayor Forsythe calling the meeting to order. The City Attorney reported the Council had discussed the matters previously announced.