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HomeMy WebLinkAboutCC Min 1991-12-09 11-26-91/12-9-91 I Approved: C~ Ci Attest: fJ-~.llL.r u c~ty Cll!rk Seal Beach, California December 9, 1991 The City Council of the City of Seal Beach met in reqular adjourned session at 6:01 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Doane, Forsythe, Hastings, Wilson Absent: None I Also present: Mr. Bankston, city Manager Mr. Barrow, Assistant city Attorney Mrs. Yea, City Clerk CLOSED SESSION The Assistant City Attorney announced that the Council would meet in Closed Session pursuant to Government Code section 54956.9{a) to discuss personnel matters, and threatened litigation pursuant to subsection (b). It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 6:03 p.m. The Council reconvened at 7:03 p.m. with Mayor Laszlo calling the meeting to order. The Assistant City Attorney reported the Council had discussed the matters previously announced, the Council also received an update regarding the Franchesi versus Seal Beach case, and no other matters were discussed. ADJOURNMENT Doane moved, 7:04 p.m. AYES: NOES: second by Hastings, to adjourn the meeting at Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried Attest: the I APproved~ 12-9-91 Seal Beach, California December 9, 1991 The City Council of the city of Seal Beach met in regular session at 7:06 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Laszlo Councilmembers Doane, Forsythe, Hastings, Wilson Absent: None Also present: Mr. Bankston, city Manager Mr. Barrow, Assistant city Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk WAIVER OF FULL READING Forsythe moved, second by Hastings, 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 reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: ORAL COMMUNICATIONS I Mayor Laszlo declared Oral Communications. open. The Mayor- welcomed a quest of the season to the microphone. Mr. Claus, North POle, bid all a Merry Christmas and Happy New Year. Mr. Bruce Stark, Seal Beach, complained about the cost of legal services, inquired as to who allowed and paid for a member of the council, the Planning Commission, and staff to attend a recent meeting on behalf of a developer, and asked why Seal Beach is not soliciting something similar to a Home Depot to be located on Seal Beach Boulevard between the Hill and the oil wells as a source of revenue, as has the city of westminster. He mentioned a comment of Commissioner Fife at the last meeting of the Planning Commission that one could get a CUP approved for $100,000 in a brown bag under his car, and said even in jest he did not feel such comment was appropriate. Councilmember Wilson stated that representatives of the city had appeared before the Coastal commission in San Diego in support of a development that had been unanimously approved by the City, and that the City did not pay for those that appeared. There being no further comments, Mayor Laszlo declared Oral Communications closed. Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried PROCLAMATION Mayor Laszlo proclaimed December 11th, 1991 as "Points of Lite Groundbreaking Day." I COUNCIL ITEMS APPOINTMENTS - BOARDS and COMMISSIONS Citizens ParticiDation Committee The District Three appointment to the citizens Participation Committee was held over. I I I 12-9-91 DeDartment of Water and Power Advisorv Committee Councilmember Hastings moved to appoint Ms. Wendy Rothman, Ocean Avenue, as the District One representative to the Department of Water and Power Advisory Committee. Councilmember Forsythe seconded the motion. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried Pro;ect Area Committee Hastings moved, second by Forsythe, to confirm the appointment of the Seal Beach Historical Society nominee to the Project Area Committee, Ms. Laura Alioto, Riversea Road, for the unexpired term ending July, 1992. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried COUNCIL MEETING - DECEMBER 23. 1991 Hastings moved, second by Forsythe, to cancel the December 23rd, 1991 regular City Council and Redevelopment Agency meetings. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried CONSENT CALENDAR - ITEMS "0" throuah "R" Councilmembers Forsythe and Hastings requested Item "M" removed from the Consent Calendar, and with regard to Item "F", the city Manager explained that the Resolution establishing fees for filming activities would be before the Council at the next meeting. The city Manager also requested that the minutes of the September 9th adjourned meeting be amended to include the words "...and with regar~ to certain requests for information" at the conclusion of the first sentence under "Closed Session". Mayor Laszlo requested Item "Q" removed from the Consent Calendar, and a member of the audience requested Item "P" be removed. Wilson moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar, except Items "M, P, and Q", as presented. D. Approved regular demands numbered 86149 through 86244 in the amount of $371,853.79 and payroll demands numbered 48022 through 48188 in the amount of $207,931.56 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. E. Approved the minutes of the regular adjourned meeting of September 9, 1991, as amended, the regular meeting of September 9, 1991, the regular adjourned meeting of September 23, 1991, and the regular meeting of September 23, 1991. Approved second read~ and adoption of Ordinance Number 1'45 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 8 TO THE MUNICIPAL CODE ESTABLISHING REGULATIONS FOR "FILMING ACTIVITIES." F. G. Adopted Resolution Number 4101 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING AN APPLICATION FOR A VARIANCE TO EXCEED THE MAXIMUM . 12-9-91 AYES: NOES: HEIGHT LIMITATION SET FORTH IN THE ZONING CODE IN CONNECTION WITH THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE AT B-112, SURFSIDE, SEAL BEACH." (David Byrnes) H. Adopted Resolution Number 4102 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, ENCOURAGING THE RESIDENTS OF OUR COMMUNITY TO SUPPORT GIRL SCOUT PROGRAMS THROUGH THE PURCHASE OF GIRL SCOUT COOKIES." I I. Adopted Ordinance Number 1327 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CALLING 'AND GIVING NOTICE OF THE HOLDING OF A PRIMARY MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 31, 1992, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF SEAL BEACH." J. Adopted Resolution Number 4106 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A PRIMARY MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 31, 1992." Adopted Resolution Number 4107 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT THE PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 31, 1992. I K. L. Adopted Resolution Number 4108 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ORDERING THAT THE CANVASS OF THE PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 31, 1992, BE MADE BY THE CITY CLERK." N. Approved the closure of City Hall at Noon on Tuesday, December 24, 1991. O. Approved the specifications for Project Number 627, Soil and Groundwater Contamination Testing at City Yard, and authorized the City Manager to advertise for bids. R. Adopted Resolution Number 4109 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING PARTICIPATION IN SUBMISSION OF GRANT REQUEST FOR PROJECT DESIGNATED AS CAREER CRIMINAL APPREHENSION PROGRAM." ~I Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried 12-9-91 I- ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "M" - UNION OIL COMPANY - EXTENSION OF AGREEMENT - BOAT LANDING PRIVILEGES Councilmember Hastings stated she felt the $1.25 per day payment by Unocal to park in the beach lots was inadequate as compared to the cost to others that utilize those lots. The City Manager noted that the Agreement provides for a thirty day cancellation notice and extension for one year, and offered to contact Unocal to renegotiate the terms of the Agreement if desired by the Council. with regard to piling damage at the end of the pier as a result of docking of boats, Councilmember Forsythe noted a provision for reimbursement for repair and maintenance costs, and asked if the pilings are inspected regularly. The City Manager stated his understanding that the pilings are inspected about every six months, and it was recently indicated to him that there have been no damages or maintenance problems as a result of the new Unocal boat. Hastings moved, second by Laszlo, to table this item to allow the city Manager to renegotiate the terms of the Agreement. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried 1 ITEM "P" - AGREEMENT - ASSOCIATION OF VOLLEYBALL PROFESSIONALS Mr. Bruce Stark, Seal Beach, said he recently read that a resident of College Park East was desirous of providing some of the things that are generally provided Old Town to College Park East, to which he suggested that this item be tabled and that there be negotiations to hold the volleyball tournament in College Park East. The City Manager noted that the license fee for the Tournament will be $1500 per day for a period of three days or $4500, and the deposit will be $5000 or fifty percent of the budget, the budget currently being developed. Hastings moved, second by Doane, to approve the Agreement with the Association of Volleyball Professionals for use of the beach area for the Pro Beach Volleyball Tournament, as amended to include the appropriate figures. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried I ITEM "0" - EMERGENCY OPERATIONS PLAN Mayor Laszlo requested that this item be held over to allow for further review. Councilmember Forsythe noted reference to public awareness and education and inquired how the City intends to accomplish an awareness program, also questioned reference to standby officers, which the city does not have. The city Manager explained that the programs would be linked to the Neighborhood Watch program, expanded to include disaster preparedness, the public noticed through the water billing process, press releases, maintaining the Plan in the public libraries, through the Chamber of Commerce, etc., noting also that there are backup personnel that would assume the duties of standby personnel. Councilmember Hastings suggested that arrangements could be made with the local cable channel as well as with radio stations in the event of an emergency, also that there was no mention of a means for notification of Councilpersons so that appropriate responses can be made to a given situation, and stated that members of the Council are often not notified in a timely manner, making specific reference to the ships that recently spewed ash over the community. The city Manager mentioned that there is an established countywide radio system, however as yet no arrangements have been made with local 12-9-91 cable, and explained that the referenced incident was a rare oversight, that there is a procedure for the Police Department to notify the City Manager of incidents, and in turn the Council is advised. Councilmember Hastings stated she wished to be advised of any incident immediately. It was the consensus of the Council to hold this item over as requested. I PUBLIC HEARING - NEGATIVE DECLARATION 8-91 / GENERAL PLAN AMENDMENTS 2A-91 and 2B-91 / ZONING TEXT AMENDMENT 4-91 / ZONE CHANGE 2-91 - SEAL BEACH BOULEVARD Mayor Laszlo declared the public hearing open to consider Negative Declaration 8-91, General Plan Amendments 2A-91 and 2B-91, Zoning Text Amendment 4-91, and Zone Change 2-91 relating to Seal Beach Boulevard. The city Clerk certified that notice of the public hearing had been advertised and mailed as required by law, and reported no communications either for or against this item. The Director of Development Services presented the staff report, explaining that the proposal would change the General Plan designation and zoning classification of thirteen lots located on the west side of Seal Beach Boulevard between Landing Avenue and the northerly Electric Avenue alley from General Commercial (C-2) to Limited Commercial (L-C), establish the Limited Commercial Zone, and set forth permitted uses, conditionally permitted uses, and development standards. He noted that the Planning Commission considered this matter at four meetings, took final action recommending approval with the findings set forth in the Commission Resolutions. He explained that the property is currently zoned C-2, a heavy commercial land use and zoning classification that would allow some fairly extensive retail uses in the area, where the proposed uses under the Limited Commercial Zone are less intensive, light retail or professional office use as an example, additionally would allow residential use over a commercial use. He noted the proposed change will result In the completion of a study initiated in 1983 and adopted in 1986, encourage the establishment of new commercial, service, institutional and office use that does not attract large volumes of traffic and continuous customer turnover, will limit and discourage strip-type, highway oriented development that create traffic hazards and congestion, etc. Councilmember Forsythe mentioned the initial reference was to properties located between Pacific Coast Highway and Electric, subsequently reference to the locations between Landing and Electric, and reported a conversation with a property owner north of Landing who inquired as to why he had not been afforded the opportunity to be included in this proposal. The Director acknowledged that initially the area included properties between Pacific Coast Highway and Electric Avenue, however in looking at the zoning standards in conjunction with the restriping it became apparent that diagonal parking could not be created north of Landing, therefore the Commission focused their consideration of the zoning between Landing and Electric, also noted that the liquor store and Shore Shop uses would not be allowed under the proposed zoning classification therefore they would become non-conforming, which was not the intent or desire.-- He suggested that the few residential properties north of Landing could be looked at separately in the future, however in those cases the issue of parking would be more difficult. with regard to an affect on low cost housing, the Director explained that the Resolution amending the Housing Element indicates that by allowing the proposed zone classification which increases the opportunity for additional housing in the area, the city is conforming to certain goals of the Housing Element, yet there is no mandate that any of those units be low or moderate. The Director noted that thus far I I .. ~I' -.,. ~ 12-9-91 I the Council has authorized the restriping plan for the Boulevard and further negotiation with the Navy for use of a portion of their property for a bi-directional bike path, reported that a letter to the Navy regarding same has been formalized, and that the required drawings are presently being awaited from the Engineering Department. with regard to a stop sign proposed at Landing Avenue, Mayor Laszlo asked that once it is in place for a period of time that a survey be conducted to determine if it is in fact needed. Mayor Laszlo declared the public hearing open. Mr. Walt Miller, 227 and 231 Seal Beach Boulevard, presented a brief review of what led to adoption of the Seal Beach Boulevard Land Use Study, the Plan postponed as a result of the cost of the improvements proposed, yet as a result the zone change and uses are now proposed that are felt will lead to improvement of the properties and the Boulevard as a whole. Mr. Miller commended the staff for their efforts towards accomplishing the zone change, and requested the opportunity to respond to any comments in opposition to the proposed change. Mr. Bruce Stark, Seal Beach, said he was not necessarily opposed to the change, yet had certain reservations with regard to the proposal, suggesting that the matter be returned to the Planning commission to be revised. He stated that although the Commission considered this matter on four separate occasions there was only one change made to the staff suggestions as to what should be done to those properties, said before government interferes with property rights there should be good reason for doing so, which he did not see in this case. with regard to the exclusion of the properties north of Landing he said the original plan proposed a reconfiguration to provide a parking lot on the Navy side of the Boulevard in the area where the street widens, he also claimed that there is presently low income housing along Seal Beach Boulevard, if that is eliminated the Housing Element requires that either substitute low income housing be provided or a fee must be paid. With reference to proposed Ordinance 1446, Mr. Stark questioned the permitted uses as set forth by Section 28- 1151, some of which would require a Conditional Use Permit under Section 28-1153, inquired as to the city's compelling interest as to whether a residential use would be on the -- ground or second floor as required by Section 28-1151{F), to which he spoke in support of residential use on the ground floor with the business activity on the second floor. He claimed that Section 28-1152, Use Limitations, would require an audit if one-third of an establishment's floor area or gross receipts are derived from a conditional use, and in turn said the intent of a conditional use permit is to insure that the use is in conformity with the neighborhood. He commented on and objected to the conditional use permit requirement as set forth in subsections "A" through "E" of Section 28-1152, and with regard to Conditional Uses set forth in Section 28-1153, he stated if it is a commercial use persons should be able to do what they want. As a point of clarification, the Development Services Director explained that the Planning Commission recommended that an outdoor sale or display area be allowed by CUP, where those uses are presently not allowed. Mr. Stark questioned the meanings of and objected to the Standards and Criteria for Conditional Uses as set forth in Section 28-1154, and commented further on the provisions of Section 28-1155{C) specifically with regard to residential lot coverage, landscaping, the exterior open space area for each dwelling unit, and non-residential uses above the second floor. In reference to Section 28-1156 he voiced objection to allowing tandem parking, and to the purposes set forth for collection of an in-lieu parking fee other than a setaside for creation I I 12-9-91 of two parking lot areas along the Boulevard at some point in the future. Mr. Stark said as a result of the flaws mentioned, and the problems that will result, he would urge that this matter be returned to the Planning Commission, and suggested rather it would be better for the city to devote its time and resources to bring something to town that would generate tax revenues. Mr. Charles Antos, 328 - 17th I street, said he too supports improvement of Seal Beach Boulevard, yet the area involved is only one block, which he deemed to be spot zoning. He noted a building height of thirty feet is proposed instead of the twenty-five feet that applies to other properties, stated tandem parking did not work previously, and mentioned the provision for parking credits as a result of on-street spaces. Mr. Antos offered that the proposal appears to create a zone that will allow C-1 uses rather than the current C-2, includes residential, and a number of things that have been tried in the past and have not worked. Mr. Frank Pryor, 233 Seal Beach Boulevard, spoke in support of the proposed changes and adoption thereof. He noted that a substantial amount of time has been devoted to this effort, that there is interest in developing the street to the benefit of the residents, property owners, and businesses, and offered that most of the people along the Boulevard are supportive of this proposal. Mr. Pryor concurred that the lots north of Landing Avenue could be looked at similarly in the future. Mr. Dave Bartlett, C-41, Surfside, said he had been the project manager for VanDell & Associates when the Plan was developed, and that he would echo the comments of the majority of property owners, that it is a good plan. He mentioned that the mixed residential/commercial use is new to the area, that there will be a need to see how it works, I and that he believed the Conditional Use Permit process was warranted as a development regulation. Mr. Bob O'Rear, 600 Seabreeze Drive, stated his ownership of the 307 Seal Beach Boulevard property, one of the properties north of Landing and not part of this proposal, asked that they be included and the proposed changes be approved. There being no further comments, Mayor Laszlo declared the public hearing closed. with regard to low income housing, the Development Services Director explained that a goal of the Housing Element is that if existing low or moderate housing is removed, the City should either seek replacement units of the developer or a fee be paid, however advised that at this point a mechanism has not as yet been formally developed that will provide guidelines regarding this issue to a property owner or developer, and noted that the city has taken action in two instances thus far involving low/moderate housing by means of a development agreement. He confirmed that there are low/moderate units existing along the Boulevard, in most cases they are multiple units and the income from those units is likely substantial enough that they will not be removed in the immediate future. Mayor Laszlo stated he did not want to put anyone out of business as a result of the I proposed provisions. The Director confirmed that the businesses that are currently along the Boulevard would be allowed under the proposed provisions, however the bicycle shop and limousine service as examples would need to obtain a CUP, noted the Commission placed the pre-SChool under permitted uses because of the hours of operation, that it was not the intent of the Commission to put anyone out of business, yet there appeared to be a desire to retain the capability to review the types of uses proposed given the mixed use of commercial and residential and any impact that may result. with regard to the CUP requirement for a television repair shop, the Director explained that there 12-9-91 I are often problems associated with storage, drop-Offs, pick- ups, television reception interference due to testing, etc. In response to Council, the Assistant city Attorney indicated that the implementing documents have been reviewed and that problems are not foreseen as had been indicated by some of the speakers, that the provisions of the Housing Element can be dealt with at the time there is a proposal to replace existing housing, that the CUP standards are typical and the word "compatible" has been upheld by the courts, and although there are a number of uses that would not require a CUP, the CUP process is common in the case of mixed uses. He recommended that the various documents be considered separately. I RESOLUTION NUMBER 4103 - NEGATIVE DECLARATION 8-91 - GENERAL PLAN AMENDMENTS / ZONING TEXT AMENDMENT I ZONE CHANGE - SEAL BEACH BOULEVARD Resolution Number 4103 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION 8-91, RELATING TO GENERAL PLAN AMENDMENTS 2A-91 AND 2B-91, ZONING TEXT AMENDMENT 4-91 AND ZONE CHANGE 2-91, A REQUEST TO ESTABLISH A MIXED USE COMMERCIAL/RESIDENTIAL GENERAL PLAN LAND USE AND ZONING CLASSIFICATION WITHIN THE CITY OF SEAL BEACH, AND CHANGING THE LAND USE AND ZONING CLASSIFICATION FOR THE WEST SIDE OF SEAL BEACH BOULEVARD BETWEEN LANDING AVENUE AND THE NORTH . ELECTRIC AVENUE ALLEY TO LIMITED COMMERCIAL." By unanimous consent, full reading of Resolution Number 4103 was waived. Wilson moved, second by Doane, to adopt Resolution Number 4103. In response to Councilmember Hastings, the Director confirmed that the Plan approved in 1986 had indicated parking on the east side of the Boulevard, some of which to be located on Navy property, however the Naval Weapons Station indicated that would not be considered. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried RESOLUTION NUMBER 4104 - GENERAL PLAN AMENDMENT 2A-91 - LAND USE ELEMENT - LIMITED COMMERCIAL DESIGNATION - SEAL BEACH BOULEVARD ' Resolution Number 4104 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 2A-91, AMENDING THE LAND USE ELEMENT TO INCLUDE A 'LIMITED COMMERCIAL (L-C) , DESIGNATION, AND AMENDING THE LAND USE ELEMENT 'SUMMARY TABLE OF EXISTING AND PROPOSED LAND USES IN ACRES' TO DEPICT THE INCREASE OF APPROXIMATELY 1.6 ACRES OF LIMITED COMMERCIAL LAND AND A SIMILAR DECREASE IN GENERAL COMMERCIAL LAND WITHIN THE CITY." By unanimous consent, full reading of Resolution Number 4104 was waived. Wilson moved, second by Forsythe, to adopt Resolution Number 4104 as presented. AYES: NOES: Doane, Forsythe, Hastings', Laszlo, Wilson None Motion carried I RESOLUTION NUMBER 4105 - GENERAL PLAN AMENDMENT 2B-91 - HOUSING ELEMENT - LIMITED COMMERCIAL LAND - SEAL BEACH BOULEVARD Resolution Number 4105 was presented to council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 2B-91, AMENDING TABLE 16 OF THE HOUSING ELEMENT TO REPRESENT THE DESIGNATION IN THE LAND USE ELEMENT OF 1.6 ACRES OF LIMITED COMMERCIAL LAND WITHIN THE CITY AND A DECREASE OF 1.6 ACRES OF GENERAL COMMERCIAL LAND." By unanimous consent, full reading of Resolution Number 4105 was waived. Wilson moved, second by Forsythe, to adopt Resolution Number 4105 as presented. 12-9-91 AYES: Doane, Forsythe, Hastings, Laszlo, Wilson NOES: None Motion carried ORDINANCE NUMBER 1f~ - ZONING TEXT AMENDMENT 4-91 - LIMITED COMMERCIAL ZONE - SEAL BEACH BOULEVARD Ordinance Number 1146 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE I CITY OF SEAL BEACH APPROVING ZONING TEXT AMENDMENT 4-91, AMENDING SECTION 28-209, ADOPTING SECTION 28-233.3, ADOPTING SECTION 28-233.5, AMENDING SECTION 28-300, AND ADOPTING ARTICLE 11.5, LIMITED COMMERCIAL ZONE, SECTION 28-1150 THROUGH AND INCLUDING SECTION 28-1158, RELATING TO THE ESTABLISHMENT OF THE LIMITED COMMERCIAL (L-C) ZONE WITHIN THE CITY OF SEAL BEACH AND AMENDING THE SEAL BEACH MUNICIPAL CODE." By unanimous consent, full reading of Ordinance Number 1.46 was waived. Wilson moved, second by Doane, to approve the introduction of Ordinance Number 1146 and that it be passed to second reading. AYES: Doane, Forsythe, Hastings, Laszlo, Wilson NOES: None NJ Motion carried ORDINANCE NUMBER 1141-~ ZONE CHANGE 2-91 - LIMITED COMMERCIAL - SEAL BEACH BOULEVARD Ordinance Number 1147 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE__ CITY OF SEAL BEACH APPROVING ZONE CHANGE 2-91, CHANGING THE ZONING OF THIRTEEN (13) LOTS COMPRISING APPROXIMATELY 1.6 ACRES OF LAND FROM GENERAL COMMERCIAL (C-2) TO LIMITED COMMERCIAL (L-C), ON THE WEST SIDE OF SEAL BEACH BOULEVARD, BETWEEN LANDING AVENUE AND THE NORTH ELECTRIC AVENUE ALLEY. n By unanimous consent, full reading of Ordinance Number 1.47 I was waived. Wilson moved, second by Doane, to approve the introduction of Ordinance Number 1147 and that it be passed to second reading. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried Hastings moved, second by Forsythe, to direct staff to schedule public hearings to consider placing the three properties north of Landing Avenue in the Limited Commercial Zone. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:50 p.m. The Council reconvened at 9:02 p.m. with Mayor Laszlo calling the meeting to order. BUS SHELTER AGREEMENT The City Manager presented the staff report and analysis of the proposals received from Bustop Shelters of california, Inc., Gannett Transit, and Target Media for the installation of advertising bus shelters, the analysis based upon a five I year program for revenue comparison purposes. He recommended execution of the Agreement with Bustop Shelters of California, Inc. for up to twenty-five bus shelters. In response to Council, the City Manager reported that approximately forty locations had been identified in the Bustop Shelter and Target proposals, primarily focused on Seal Beach Boulevard, Pacific Coast Highway, and Westminster Avenue, that a description of each of the locations will be forthcoming to the Council, and noted there will be a requirement to obtain a permit frOM Cal Trans and to coordinate with orange County Transit District for the placeMent of shelters. He indicated it is belief that there . , 12-9-91 I will be benches only in the downtown area, no shelters will be placed in any residential zone, that the thirty-five benches would contain the words "City of Seal Beach" within the concrete backing, no other advertising, and be donated to the City for placement wherever desired, that it is also likely there could be a cash reimbursement in lieu of the benches or a two to one ratio exchange for development of a more decorative bench if desired. Staff clarified that the Agreement provides an exclusion of alcohol and tobacco advertising. Councilman Doane inquired if any of the shelters are proposed for the Leisure World area, specifically by the shopping center, given that some of the banks have placed benches in the area. The city Manager said he believed shelters are only proposed for near the commercial area and Beverly Manor, and explained that the benches that presently exist are in the public right-of-way, do not have encroachment permits, are not permitted, and that the companies that have placed those benches will be notified and given a specific period of time to remove them or they will be sold. I councilmember Forsythe requested that Section 3-i(2) be amended to give the City the authority to promptly conceal advertising that is in violation of that Section until such time as the contractor is able to remove same. The City Manager suggested that if the Agreement is approved with that amendment, the concurrence of the contractor would be sought, and if it is not agreed upon the matter will again be presented to the Council. Hastings moved, second by Doane, to approve the Agreement subject to amendment of Section 3-i(2) as stated. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried Ms. Anna Rasmussen, Target Media, spoke in support of their proposal as opposed to that of Bustop Shelters, and objected to the analysis of the proposals, that of Target Media being a ten year proposal as compared to the five year proposal of Bustop. The City Manager responded that the Request for Proposals did call for a five year fixed proposal with ten years being optional, that a meeting was held with both firms at which time they were informed that the comparison would be based on five years with a recommendation for agreement on the same basis, and noted that the representative of Target had indicated there would be no change to their proposal. He also pointed out that the donation of thirty-five benches, their value, and design had been given consideration. I' COUNCIL CONCERNS councilmember Wilson wished all a Merry Christmas and Happy New Year, and other members of the Council joined her greeting. Councilmember Hastings inquired as to the status of the beach erosion/sand replenishment/groin repair/ -- extension packets that were requested to be forwarded to Supervisor Wieder, Senator Bergeson, and Assemblyman Mays, and asked that it also be forwarded to Congressman Rohrabacher and representatives at the federal level. Staff responded that the packets were near completion, anticipated to be forwarded the following day, also that information has been received from Senator Bergeson relative to the study that was done in San Diego which has been found to be helpful. Mayor Laszlo suggested a discussion relating to Boards and Commissions sometime after the first of the year. 12-9-91/12-23-91/1-13-92 ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. At the invitation of the Mayor, Mr. Clause again extended a Merry Christmas and Happy New Year to all. There being no further comments, Mayor Laszlo declared Oral Communications closed. CLOSED SESSION No Closed Session was held. I ADJOURNMENT Forsythe moved, second by Hastings, to adjourn the meeting' until Monday, January 13th, 1992 at 6:00 p.m. to meet in , Closed Session. :. It was the consensus of the Council to adjourn the meeting at 9:25 p.m. Approved: of the Attest: I Seal Beach, California December 23, 1991 The regular city Council and Redevelopment Agency meetings of December 23rd, 1991, were cancelled by action of the Seal Beach city Council at their regular meeting of December 9th, 1991. Seal Beach, California January 13, 1992 I The City Council of the City of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. . ROLL CALL Present: Mayor Laszlo Councilmembers Doane, Forsythe, Wilson