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HomeMy WebLinkAboutCC Min 1994-07-11 ,I -I I 6-27-94 / 7-11-94 for nearly two and a half minutes after the fire erupted, the Fire Department has the exact voltage figures, and confirmed that the transformers~are located next to Ruby's. Mr. Bob Reince, College Park West, stated it is impossible for Edison Park to be twenty-six acres, the information in the Open Space/Recreation Element is wrong. He said ten acres are identified in the Recreation Department wish book, which may be correct, a 4.5 to 6.5 acre parcel that leased from Edison, that going back to 1985, it is assumed the same acreage is carried forward to the 1990 lease, and noted that no copy of the lease extension to 1995 is available. He mentioned that there is also a prohibition of parking on the leased land, however Edison has said that provision is not enforced. Mr. Reince suggested that the Open Space Recreation Element should be correct and up to date, there should be' an enforceable park reservation and rules policy, and there should be a long term plan for the Park. Mr. Reince inquired how the immediate neighbors of the Park may have some redress. The Assistant city Attorney offered that the city council has made its final determination on this issue, yet the law does provide remedies for disagreements through the courts. with regard to Quimby funds, the City Manager advised that the use of Quimby funds in this case is an appropriate use, and in that staff has been assigned to work on this project, that and miscellaneous supplies have been in the form of a contribution towards the development of a city park, therefore a purchase order in the amount of $1,000 has been issued for the use of Quimby funds. There being no further comments, Mayor Brown declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, July 11th at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent of the Council, the meeting was adjourned at 9:26 p.m. ~ , , of the Approved: Attest: Seal Beach, California July II, 1994 The City Council of' t~e City of Seal Beach met in regular adjourned session at, 6:32 p.m. with Mayor Brown calling the meeting to order. 7-11-94 ROLL CALL Present: Mayor Drown Councilmembers Doane, Forsythe, Hastings, Laszlo Absent: None Also present: Mr. Barrow, City Attorney Mrs. Yeo, City Clerk I APPROVAL OF AGENDA Forsythe moved, second by Hastings, to approve the agenda as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CLOSED SESSION By unanimous consent the Council adjourned to Closed Session at 6:33 p.m. to discuss the item listed on the agenda pursuant to Government Code section 54956.9(a), existing litigation in the matter of Stark versus City of Seal Beach, Appeals Court Case 94-55435. The City Council reconvened at 6:56 p.m. with Mayor Brown calling the meeting to order. The City Attorney reported the Council had discussed the item shown on the agenda and that no action was taken. ADJOURNMENT It was the order of adjourn the meeting the Chair, with consent of the Council, to at 6:57 p.m. ',..~ / J/; I /~ (/ )./ / Ci)t 0 erk and ex-officl City~of Seal Beach of the Approved: o Attest: " /' V Seal Beach, California July 11, 1994 The City Council of t~e 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. I ROLL CALL Present: Mayor Brown CounciJ.members Doane, Forsythe, Hastings, Laszlo Absent: None I I I 7-11-94 Also present: Mr. Bankston, city Manager Mr. Barrow, City Attorney ~ Mr. Whittenberg, Director of Development Services Mr. Jue, City Engineer/Director of Public Works Mrs. Yeo, City Clerk , APPROVAL OF AGENDA For information of the public, Mayor Brown read the items to be considered under the Consent Calendar. Doane moved, second by Forsythe, to approve the agenda as presented. AYES: NOES: . Brown, Doane, Forsythe, Hastings, None Laszlo Motion carried ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Mr. Ron Diller, 1620 Catalina Avenue, spoke once again to his allegations of misconduct by certain Council appointees to the Cable Foundation relative to his local. access program during the election campaign, claiming that interference with~local access is inappropriate and a violation of law. He:said no one has looked into his charges, as ~as requested, or spgken with him to obtain the facts of the matter, and requested that that be done. Mr. Bob Reince, College Park West, said that he and other Loyola Plaza residents are looking to resolve specific concerns relating to personal safety and home security as neighbors to Edison Park, the cause of those concerns as well. Dr. David Rosenman, Seal Beach,' commended Mayor Brown on his Comcast interview regarding City affairs and priorities, and inquired as to the subject of Item. "E", certification of a petition. There being no further comments, Mayor Brown declared Oral Communications closed. CONSENT CALENDAR - ITEMS "A" thru "E" It was noted that Item "E" is certification of a petition relating to utility undergrounding in Surfside. Hastings moved, second by Forsythe, to approve the recommended action for items on the Consent Calenqar as presented. A. Approved the waiver of reading in full of all ordi~ances and resolutions and that consent to the waiver of reading shall 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. B. Approved regular demands numbered 5873 through 6027 in the amount of $268,393.44 and payroll demands numbered 7247 through 7463 in the amount of $273,995.81, and authorized warrants to be drawn on the Treasury for same. 1. C. Approved the minutes of the June 27th, 1994 regular adjourned and regular meetings. D. Approved a one year extension of the Sun N' Fun Co-op lease for use of City owned real property on the Zoeter School site for the period July 1, 1994 through June 30, 1995. E. Accepted th~ Certification of Sufficiency of a Petition by the adoption of Resolution 7-11-94 Number 4319 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, MAKING FINDINGS ON PETITION (SURFSIDE COLONY)" relating to the formation of an assessment district for the undergrounding of utilitie" in Surfside Colony. By unanimous consent, full reading of Resolution Number 4319 was waived. I AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - STREET LIGHTING ASSESSMENT DISTRICT - 1994/1995 Mayor Brown declared the public hearing open to consider the levy of assessments for Street Lighting As~essment Distr~c~ Number 1 for fiscal year 1994/1995. The c~ty Clerk cert~f~ed that notice of the public hearing had been advertised as required by law and reported no communications received either for or against this item. councilmember Forsythe noted that the assessments for 1994/1995 are unchanged. The City Engineer presented a brief staff report. There being no communications from the audience, Mayor Brown declared the public hearing closed. RESOLUTION NUMBER 4320 - STREET LIGHTING ASSESSMENT DISTRICT - 1994/1995 Resolution Number 4320 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONFIRMING THE DIAGRAM AND ASSESSMENTS AND LEVYING ASSESSMENTS FOR STREET LIGHTING DISTRICT NO.1 FOR FISCAL YEAR 1994/95." By unanimous consent, full reading of Resolution Number 4320 was I waived. Hastings mov2d, second by Doane, to adopt Resolution Number 4320 as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - NEGATIVE DECLARATION 1 GENERAL PLAN AMENDMENTS 1 ZONE CHANGE - 1600 PACIFIC COAST HIGHWAY Mayor Brown declared the public hearing open to consider Negative Declaration 94-4/ General Plan Amendments 94-2A and 94- 2B, and Zone Change 94-2 for property located at 1600 Pacific Coast Highway. The City Clerk certified that notice of the public hearing had be~n advertised and mailed as required by law, and reported no communications received either for or against this item. The Director of Development Services presented the staff report, described the location of the property and surrounding uses, the proposal being to change the present General Commercial (C-2) zoning of three lots and Residential Medium Density (RMD) designation of nine lots to Limited Commercial (L-C), leaving the Residential Medium Density designation of two lots unchanged. He noted that the property had been a restaurant use for over forty-three years, the former site of Rum Runners and the Ranch House, also that a development proposal was approved in 1991 for three small detached commercial buildings and eleven single family dwellings however was never constructed. The Director reported that the Planning commission conducted a pUblic hearing on this proposal on June 22nd, requested certain changes to the conditions of approval, and on July 6th recommended certification of the Negative Declaration, approval of the General Plan Amendments and the Zone Change. Noting that the planning commission has not made a determination as yet on a variance request for the two residential properties, Councilmember Forsythe inquired if any action taken on the matter before the Council would have a bearing on that future decision. The Director responded in the I ,I I I 7-11-94 negative, and explained that the matter continued by the Planning Commission is a request for a variance to allow the two residential units to be built on the property line between the commercial and resideptial properties as opposed to requiring the three foot setback, the Commission felt the variance issue would have no impact on the items now before the Council it . , w111 be considered again at their next meeting, and the decision of the Commission will be final unless appealed to the Council. Mayor Brown 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. Dave Bartlett, Huntington Beach affiliated with the Mitchell Land and Improvement Company , thro~ghout the entitlement and design phases of the project, ment10ned that the positive feedback from'a community meeting, noticed to property owners within three hundred feet and posted at City Hall, is what has brought this proposed project forward for Council consideration. Mr. Bartlett extended appreciation to City staff for their professional review and analysis of the project, most specifically with regard to.the appropriate zoning designation for the property, which he said will meet the goals and objectives of the! City and the land owner, will be compatible with surrounding land use and be an asset to the community. Mr. Decatur Mitchell, J09 Yale Lane, Mitchell Land and Improvement Compary, stated their family business has existed since 1921, their primary purpose is to develop small parcels, manage and m~intain them, and generally do not sell their parcels or projects. Mr. Mitchell said this project was designed to resemble the atmosphere of a home in that it is their philosophy that given the time one spends in an office, comforts similar to those of a home should be provided. Mr. Mitchell requested fayorable consideration of their project. The City Attorney asked if the seventeen conditions of approval had been reviewed and. if they were acceptable. Mr. Mitchell replied that they were acceptable. To a question of the Mayor, Mr. Mitchell said the type of tenant that will occupy the project is somewhat premature at this point, however offered that it is likely his company offices will locate in the easterly most building. Councilmember Ha~tings mentioned her knowledge of this company as a reliable, responsible firm. Mr. steve Fross, Long Beach, project coordinator for Mitchell Land and Improvement Company, stated the subject property was purchased in August, 1993 with an intent to develop the site within three to five years however a determination was made in January of this year fo move forward, th~'entitlement process began, the design concept was developed, and the architect and landscape designers were brought into the development team whereupon the layout and design commenced. He described the architecture as a spanish/mediterranean/monterey style, a blending of the residential and professional buildings, particular attention paid to the detail and aesthetics of the entire project from the landscaping to the roofs. Mr. Fross expressed his belief that this project will be pleasing to the city and its residents. Mr. Bartlett explained that the project consists of three 3,500 square foot commercial buildings on separate lots, and two residential structures to be considered at a later date, the project designed to minimize potential conflicts with the existing residential neighborhoods, the traffic, noise, parking, etc. orientated towards Pacific Coast Highway and away from residential uses, the parking areas designed to deter traffic from entering existing residential neighborhoods, thus raducing the number of vehicular trips into those areas, the project generating about fifty percent less trips than the Rum RU~lners eatery, that all required parking is provided on-site, the parking agreement will be implemented, and by closing the curb cuts along the Highway an additional three spaces will be made available off-site for public use. He 7-11-94 mentioned that the commercial portion of the project is one hundred feet in depth, is consistent with other commercial properties along the Highway, the project.arch~tectu:al~y designed to have the look and feel of resldentl~l.bulldlngs . while maintaining the functional aspects of a llmlted commerclal land use which will allow business, professional and retail uses, that thirty-thr."e percent of the site will be landscaped and the design elements will enhance the aesthe~ic va~ue of t~e property to create what is felt to be an establlshed lmage whlch will attract quality tenants, will have a positive impact on this particular area and corridor of the City, and an 7ig~t foot block wall will be constructed between the proposed bUlldlngs and the existing residences. He noted that the two proposed residential units, the variance for which is still under consideration by the Planning commission, will allow the building of quality residential dwellings. Mr. Walt Thurner, 326 - 17th street, said as a resident of the immediate area he and his family had supported the Watson proposal and are still interested in having something developed on this property, and cited the fact that vacant land generates nothing to the City. He requested to view the renderings of the proposed buildings and inquired as to the type of tenants.anticipated, to which he said to some degree c~n be answered by the type and size of office space that will be developed. Mr. Frank Pryor, Long Beach, noted his ownership of property on Seal Beach Boulevard, recalled his support of the prior development proposal however stated this project, its parking, traffic patterns, etc., are even better. Ms. Vanessa Joe, 17th street, said she was not for or against the project however wished to pose questions on behalf of herself and an elderly property owner adjacent to the project. Noting that she had not seen the plans prior to this meeting, Ms. Joe stated that traffic and parking are concerns, inquired as to the type of businesses allowed under Limited Commercial Zoning, if the developer is going to construct the residential units, if not, who will, or will they remain as vacant lots after the commercial development, what is the time frame for construction, noise control during construction, the height limit of the two story buildings, the impact of lighting from the commercial, and noted that when exiting 17th Street onto Pacific Coast Highway the view is severely impaired if there are cars, trucks, etc. parked on the Highway. Mr. craig Gibson, 305 - 17th street, st~ted his preference for the current zoning as the change proposed would lower the value of existing properties, also he w~s not certain the parking proposed is adequate and understood the Highway frontage lots were limited to one story. The Director of Development Services responded that the first twenty-five feet along the Highway is presently General Commercial which allows more intensive commercial uses, the proposal is for Limited Commercial which is basically professional offices with light retail, etc., nine of the Residential lots are proposed to be changed to Limited Commercial as well, allowing one hundred feet of commercial with two new residential units southerly of the commercial, that the present and proposed height limit is thirty feet. Bartlett responded that it is anticipated this project will commence the Coastal Commission process later this month, the Commission staff appearing to be in support of the project at this point, construction believed to then begin by early 1995, the noise and lightin') issues are thought to have been minimized as those types of occurrences are between Pacific Coast Highway and the commercial bu.ildings, oriented towards the Highway, not towards the residential uses, the Limited Commercial designation was developed to allow certain types of commercial uses to co- exist with residential uses, the closure of the curb cuts will eliminate right turns onto PCH, thus the only right turn onto use, and Mr. I I I, ,I ,I I 7-11-94 the Highway will be from 17th street. He confirmed that the commercial development will occur first, the residential to follow, and unlike the previous project proposal, this project is financed and will materialize, and to the question of the type of tenants, he mentioned that there have been inquiries from real estate, medical, and dental offices, other uses allowed would be professional offices for~attorneys, planners, architects, accountants, some light retail, and pointed out that the Limited Commercial zoning dictates the hours of operation of the businesses. Given the northerly travel on 17th street, Councilman Laszlo suggested the adjacent westerly curb on the Highway be restricted for parking for a greater distance, therefore lessening the impact of view. Mr. Bartlett noted that a fire hydrant will also be located on th~ corner of 17th street and the Highway. There being no other comments, Mayor Brown declared the public hearing closed. Hastings moved, second by Doane, to adopt Resolution Number 4321 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION NO. 94-4, RELATING TO GENERAL PLAN AMENDMENT 94-2A AND 94-2B, AND ZONE CHANGE NO. 94- 2, IN THE CITY OF SEAL BEACH, CALIFORNIA"; adopt Resolution Number 4322 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 94-2A, AMENgING THE 'SUMMARY TABLE OF EXISTING AND PROPOSED LAND USES IN ACRES' OF THE LAND USE ELEMENT TO DEPICT THE INCREASE OF APPROXIMATELY 0.67 ACRES OF LIMITED COMMERCIAL LAND AND A DECREASE OF 0.50 ACRES OF MEDIUM DENSITY RESIDENTIAL LAND AND 0.17 ACRES OF GENERAL COMMERCIAL LAND WITHIN THE CITY"; adopt Resolution Number 4323 entitled "A ~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 94-2B, AMENDING TABLE 16 OF THE"HOUSING ELEMENT TO REPRESENT THE INCREASE OF APPROXIMATELY 0.67 ACRES OF LIMITED COMMERCIAL LAND AND A DECREASE OF 0.50 ACRES OF MEDIUM DENSITY RESIDENTIAL LAND AND 0.17 ACRES OF GENERAL COMMERCIAL LAND WITHIN THE CITY"; and approve the introduction and first reading of Ordinance Number 1384 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONE CHANGE 94-2, CHANGING THE ZONING OF NINE (9) LOTS FROM RESIDENTIAL MEDI:JM DENSITY (RMD) AND THREE (3) LOTS FROM GENERAL COMMERCIAL (C-2) TO LIMITED COMMERCIAL (L-C) AT 1600 PACIFIC COAST HIGHWAY (MITCHELL LAND AND IMPROVEMENT COMPANY)." By unanimous consent, full reading of Resolutions 4321, 4322, 4323, and Ordinance Number 1384 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried 1994/95 BUDGET - STATUS REPORT . The city Manager advised that an oral pre~entation of the proposed 1994/95 fiscal year budget will be made at the next meeting afterwhich the Council will have the option to schedule a public hearing regarding same, the budget anticipated to be available for review by the upcoming Friday or Monday. SAND REPLENISHMENT PROJECT -STATUS REPORT The City Manager reported that the sand excavation general contractor has recently been unavailable for further discussions relative to the sand replenishment projec~ as a result of having been awarded another large construction pr.oject, however preparation is now being made to again commence discussions relative to the costs and time frame for delivery of the sand, and attempts are continuing to locate a trucking firm that is less expensive. He noted that excavation of the sand has begun, 7-11-94 / 7-25-94 is presently being stockpiled, which allows further testing of sand samples, and the results of those tests will determine to some degree the quantity of compatible sand. COUNCIL CONCERNS councilman Laszlo noted that the pier is now open and operational, and reported the success of the 4th of July I fireworks display at the Armed Forces Reserve Center, sponsored - by three adjacent cities and the Rossmoor Service District. councilmember Forsythe reported that oversized semi-trucks parking along certain segments of Pacific Coast Highway are posing a visibility problem for vehicle operators, the problem seeming to have started subsequent to the posting of no parking signs adjacent to the Weapons station. She noted the specific areas are the north side of Pacific Coast Highway in the vicinity of 12th Street/Balboa Drive, Bay city Center and in front of the Wherehouse, and suggested that the over-sized vehicle parking regulations be looked at for those areas. With regard to greenwaste, the City Manager advised that arrangements are being made to place two bins at the Public Works Yard for the disposal of excess greenwaste for possibly three to four weeks. with regard to his efforts to solicit donations for repair of the pier, Mayor Brown reported receiving a $1,500 donation from Health Net, also that Senator Feinstein is carrying the City's request to washington, D. C. Councilman Laszlo asked that consideration of joining the Orange county Regional Airport Authority be placed on the next agenda. ORAL COMMUNICATIONS There were no further Oral Communications. ADJOURNMENT I It was the order of t~e Chair, with consent of the Council, to adjourn the meeting until Monday, July 25th at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 8:12 p.m. Attest: ;/l ~AJ.-Id ~/ Clty Clerk of the Approved: Seal Beach, California July 25, 1994 I The city Council of t~e City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Brown calling the meeting to order. :