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HomeMy WebLinkAboutCC Min 1987-07-06 6-29-87 / 7-6-87 The City Manager advised that the proposed Seal Beach Sportfishing stock transfer item will most likely be on the July 6th Council agenda, and he would provide the Council with a copy of Mr. Francis Phalen's resume' prior to that time. ORAL COMMUNICATIONS There were no Oral Communications. I CLOSED SESSION The City Council did not meet in Closed Session. ADJOURNMENT Grgas moved, second by Wilson, to adjourn the meeting at 9:01 p.m. AYES: Clift, Grgas, Hunt, Risner, Wilson NOES: None Motion carried Approved: -~....) '-f ~~ ./ , ~yor Attest: I Seal Beach, California July 6, 1987 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Wilson calling the meeting to order. Councilmember Risner led the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Clift, Grgas, Hunt, Risner Absent: None I Also present: Mr. Nelson, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Thomas, Finance Director Mr. Knight, Director of Development Services Mr. Hemphill, Director of Public Works/ City Engineer Mrs. Yeo, City Clerk WAIVER OF FULL READING Clift moved, second by Grgas, 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: Clift, Grgas, Hunt, Risner, Wilson None Motion carried 7-6-87 PROCLAMATION Mayor Wilson proclaimed July 5th through July lOth, 1987 as nAIl Star Week.R PUBLIC HEARING - GRANTING PIPELINE FRANCHISE - STANDARD GAS COMPANY At the request of staff, Clift moved, second by Hunt, to continue the noticed public hearing regarding the Standard Gas pipeline franchise until the regular meeting of July 20th. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I PUBLIC HEARING - ZONING TEXT AMENDMENT 3-87 - DEVELOPMENT AGREEMENTS Mayor Wilson declared the public hearing open to consider establishing procedures and requirements for the consideration of development agreements. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications had been received either for or against this item. The Director of Development Services presented the staff report, explaining that a development agreement offers an applicant the assurance that projects extending over a long period of time can be completed as initially approved, while offering an assurance to localities that public improvements, dedications and other conditions of development will be completed on schedule. He noted that the proposed ordinance prescribes the materials to be submitted with each application, the fee for processing, the procedure for public hearings, Planning Commission and City Council actions. Mayor Wilson invited members of the audience wishing to I speak to this item to come to the microphone and state their name and address for the record. Mr. Bruce Stark, 204 Ocean Avenue, expressed his feeling that there was no need for development agreements, that such agreement would provide a means for a developer to waive existing development requirements, stating that development agreements would not only be binding upon future Councils, but their constitutionality has yet to be tested. There being no further comments, Mayor Wilson declared the public hearing closed. ORDINANCE NUMBER 1247 - DEVELOPMENT AGREEMENTS -.PROCEDURES/ REOUIREMENTS Ordinance Number 1247 was presented to Council for first reading entitled nAN ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISHING PROCEDURES AND REQUIREMENTS FOR THE CONSIDERATION OF DEVELOPMENT AGREEMENTS, AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA.n By unanimous consent, full reading of Ordinance Number 1247 was waived. In response to Council, Mr. Knight explained that a development agreement would only be adopted after all other approvals had been obtained and entitlements in place, such as a Specific Plan or Tract Map, stating that the same issues, requirements, and compliances have to be considered I whether or not there is a request for a development agreement. The City Attorney stated that although development agreements have been allowed for a number of years and are used by a number of cities, to his knowledge they have yet to be subject to an appellate court decision, however prior to the adoption of the development agreement statute over the years there have been a number of decisions with regard to pre-annexation agreements, which are essentially the same as a development agreement, and the courts have upheld pre-annexation agreements as not violating the rule that one City Council can not bind 7-6-87 I another. With regard to the advantages of allowing a development agreement versus the vesting process that currently exists, Mr. Knight stated that through the vesting process certain conditions can be placed on a map however it is sometimes difficult to require specific phasing, where under a development agreement the City can require that certain improvements be made prior to commencement of development, and the developer in turn is assured of developing a specific number of units, noting also that a development agreement would allow a city to ask for certain public facilities that could not normally be requested under the Subdivision Map Act. Mr. Knight clarified that a development agreement would not be exempt from subsequent State or Federal legislation, also that under State law if a developer requests consideration of a development agreement the City is compelled to consider establishing procedures for same, however is not required to approve such agreement. The City Attorney added that a development agreement gives the City more flexibility to obtain additional public benefits that may not otherwise be required of a developer or could not be obtained through a subdivision process, therefore it would be to the City's advantage to have the procedures in place if a development agreement should be requested in the future. He clarified that although under State law a developer has the right to require adoption of the procedures, the decision of whether or not to approve the agreement is left with the City. With regard to specific mitigation measures of impacts that may result from a development, for instance staggered office hours to reduce the impact of traffic, the City Attorney advised that such requirement would be acceptable and enforceable provided that the developer and the City agreed to such provision. Grgas moved, second by Clift, to approve the introduction of Ordinance Number 1247 and that it be passed to second reading. I AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried RESOLUTION NUMBER 3704 - ADOPTING 1987/88 FISCAL YEAR BUDGET Resolution Number 3704 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING A BUDGET FOR THE CITY OF SEAL BEACH FOR FISCAL YEAR 1987/88 AND REPEALING RESOLUTION NUMBER 3702.R By unanimous consent, full reading of Resolution Number 3704 was waived. The City Manager reported the proposed Resolution reflects changes and revised figures as a result of final discussions with regard to the 1987/88 budget. Risner moved, second by Hunt, to adopt Resolution Number 3704 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I ORDINANCE NUMBER 1248 - TRANSIENT OCCUPANCY TAX Ordinance Number 1248 was presented to Council for first reading entitled nAN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 22, ARTICLE IV, OF THE SEAL BEACH MUNICIPAL CODE, REGARDING UNIFORM TRANSIENT OCCUPANCY TAX.n By unanimous consent, full reading of Ordinance Number 1248 was waived. The City Manager stated that the proposed Ordinance reflects the action of the City Council with regard to the 1987/88 budget, increasing the Transient Occupancy Tax from seven to nine percent. Clift moved, second by Risner, to approve the introduction of Ordinance Number 1248 and that it be passed to second reading. 7-6-87 AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried RESOLUTION NUMBER 3705 - TRASH COLLECTION CHARGES Resolution Number 3705 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INCREASING RESIDENTIAL AND COMMERCIAL MONTHLY TRASH COLLECTION CHARGES.R By unanimous consent, full reading of Resolution Number 3705 was waived. The City Manager reported the proposed Resolution is reflective of actions taken by the Council with regard to the adopted budget. Clift moved, second by Hunt, to adopt Resolution Number 3705 as presented. Councilmember Risner stated she would support the Resolution however would request additional information regarding trash rate increases. I AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried CONSENT CALENDAR - ITEMS nGR THROUGHnMn Councilmember Risner requested Item nLn removed from the Consent Calendar. Hunt moved, second by Clift, to approve the recommended action for items on the Consent Calendar, except Item nLn, as presented. G. Approved regular demands numbered 66445 through 66543 in the amount of $66,840.69 and payroll demands numbered 25946 through 26126 in the amount of $167,sI8.08 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. H. Denied the claim of Mary Jackson and referred same to the City's liability adjuster. I. Denied the claim of Howard Jackson and referred same to the City's liability adjuster. J. Denied the claim of Mike Mahoney and referred same to the City's liability adjuster. K. Approved the renewal of the Police Tow Service Agreements with Medlin Tow Service and Rossmoor Tow Service, for the term ending December 31, 1988, and approved the increased fee schedule for services. I M. Bids were received until 11:00 a.m., June 30, 1987 at which time they were publicly opened by the City Clerk for Project Number 578, installation of liquid propane fuel alternative at Beverly Manor Pump Station as follows: Waukesha Engine Servicenter, Inc. Eagle Mechanical Corporation $10,494.43 I 26,500.00 Awarded the contract for Project Number 578 to Waukesha Engine Servicenter, Inc. in the amount of $10,494.43 and authorized the City Manager to execute the contract. 7-6-87 AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM nLn - ORANGE COUNTY FIRE DEPARTMENT CONTRACT RENEWAL Councilmember Risner expressed her preference for a one year rather than the proposed five year fire service contract. Staff advised that the initial County contract for fire service was for a period of five years and that there is a provision for six month notice of termination of the contract by the City and twelve month notice by the County. Staff pointed out however that more than six months would be needed to reestablish the City Fire Department, also explained that there is an established formula for calculation of the annual cost. Councilmember Risner asked that the Council be noticed of the six month period prior to the end of the contract year. Councilman Hunt requested that the staff inquire if any other city's contract is for a term other than five years and what the benefit may be. The City Manager suggested that the Council be noticed by the first meeting of September of each year of the need to consider the fire service contract in order to meet the six month deadline should there be an action to terminate the County contract. Hunt moved, second by Clift, to approve the renewal of the Orange County Fire Department contract for a five year term ending June 30, 1992. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I APPEAL - PLANNING COMMISSION DETERMINATION - CONDOMINIUM CONVERSION - 222 - 7th STREET The Director of Development Services presented the staff report, clarifying that this item was not a public hearing nor consideration of approving CUP 3-87 or Tenative Parcel Map 87-132, that the issue of this appeal is whether or not the City shall accept application for a condominium conversion at 222 - 7th Street. He stated that upon review of the application originally submitted to the City it was determined that the subject property did not conform to the General Plan and zoning standards, therefore could not be approved pursuant to the Subdivision Map Act, and upon that determination the application was rejected by staff, and thereafter appealed to the Planning Commission with that body upholding the decision of staff to not accept the subject application. Mr. Knight advised that discussions have centered on the question of compliance with State law, specifically Section 66474 of "the Government Code with regard to the Subdivision Map Act which mandates denial of a tentative map if it is not consistent with the General Plan, also a question with regard to previous City actions approving condominium conversions. He explained that the General Plan allowable density at this particular location is 20 dwelling units per acre and a minimum lot area 2,178 square feet per unit, the subject property being 22.2 dwelling units per acre and 19s8.3 square feet per unit. The Director reported staff researched past condominium conversions approved by the City, the approvals based upon a 1978 Planning Commission Resolution which adopted policies for conversions, however did not clearly set forth grounds for approval or denial of a project. Mr. Knight advised that staff has determined there are strong similarities between Resolution Number 1162 and Government Code Section 66474, which sets forth findings requiring denial of a tentative or parcel map. He also pointed out that Municipal Code Section 28-2406 as it is now written provides further basis for rejecting the application, whereby if the existing I 7-6-87 . units were destroyed, the property could only be rebuilt as a duplex. The Director stated there are two alternatives for consideration, to uphold the decision of the Planning Commission to not accept the application, and if that were the decision staff would request direction to study the issue and bring back possible recommendations and a Zoning Text Amendment for consideration to provide strict criteria for condominium cQnversion, or the Council could allow filing of the application under current law, with subsequent public hearings before the Commission and City Council. In response to the Council the Director advised that given the present workload staff would more than likely not be able to address this issue for at least ninety days, the issue requiring development of precise guidelines, bringing the General Plan and Zoning Code into conformance, and provide a protection to the property owners and future City personnel to allow rebuilding of the units in the case of a disaster. Mr. Knight verified City Council's understanding that if the applicant were allowed to refile at this time, the matter would be considered by the Planning Commission under public hearing and under current law the recommendation would be for denial, thereafter the matter would most likely be appealed to the Council. Councilman Hunt suggested that if filing of the application were delayed, the disaster and conversion issues may have then been resolved. Councilman Clift expressed his concern with placing the applicant in a situation of refiling with a known result being denial under current law, also with overturning a Planning Commission decision, suggesting that he would prefer that staff be directed to study this issue, make recommendations for change of current law, and if adopted the application could be refiled for a more favorable possibility of approval. Mr. Knight pointed out that if the proposed project met density requirements, the staff would have no reason to recommend denial as the property meets all other requirements, including parking, however for the specific reason that it does not conform to the General plan, staff is obligated to inform the City that under the Subdivision Map Act it must be denied. Mr. Charles Antos, 148 - 14th Street, addressed the Council on behalf of the applicant, and stated that based upon the comments of the Council and if the staff is directed to study this issue for presentation to the Commission within a reasonable time, with changes that would apply to the applicant, he would withdraw the appeal on the behalf of Mr. and Mrs. Wayne Shaddox. Mr. Wayne Shaddox, 222 - 7th Street, stated however that if there is a lengthy delay in considering a change of the law, his tenants may be prevented from purchasing their unit due to changing interest rates. I I Councilman Grgas expressed strong support for careful study of this issue, noting that the 1978 conversion policy has preempted the General Plan with regard to the 1972 downzoning, and asked that the downzoning be kept in mind while formulating any amendments. He noted that the conversions that have been granted were approved without a I clear basis for approval or disapproval nor with consideration of reconstruction under current code which, he noted could result in a legal dispute. As a point of clarfication with regard to the disaster clause, the Director noted it is staff's intent to recommend that value be based on market rather than assessed value. 7-6-87 I Mr. Brian Kyle, property owner adjacent to 222 - 7th Street, spoke in support of the condominium conversion proposed. Mr. Ron Jessner, 1704 Bayou Way, Planning Commission Chairman, referred to previously approved condominium conversions and recalled that while considering the first application there was a resulting question posed with regard to reconstruction in the event of destruction, the response from staff being that the CC & R's on the property would take precedence over the disaster ciause. Mr. Jessner requested clarification of that issue from the City Attorney, noting that had the Commission been informed that the ordinance took precedence, the Commission most likely would not have approved the conversions. The City Attorney confirmed that it has always been their opinion that the ordinance takes precedence over CC & R's, stating however that he did not recall density ever having been the issue, rather, parking, ancilliary uses, etc. having been a concern. He also noted that the applicant would not have a valid application under current law should reapplication be approved at this time, suggesting that the Council may wish to direct staff to prepare amendments to the General Plan and Zoning provisions, those changes to apply only to approved condominium conversions. - Risner moved, second by Wilson, to direct staff to draft an amendment to the General Plan and a Zoning Text Amendment directed specifically to condominium conversions. Discussion continued. The City Attorney clarified that the issue now being considered is a density issue as it relates to condo conversions, the disaster clause being a totally different, much more complex issue, although relative. I AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I PROPOSED LANDSCAPE PLAN - EISENHOWER PARK The City Engineer presented the staff report regarding a proposed landscape plan for Eisenhower Park, a community conservation project selected by the Junior Women's Club as deserving of their fund raising efforts. Mr. Hemphill described the existing outdated design of Eisenhower Park which currently contributes to maintenance and aesthetic problems. He reported the Women's Club has received preliminary concept approval from the Parks and Recreation Commission and has been working with Public Works personnel to develop a specific improvement plan with a goal to provide plant materials that would enhance the appearance of the Park without compromising the traditional feeling of openness and bring focus to the existing monuments, while eliminating the existing maintenance problems. Mr. Hemphill displayed two artist renderings of proposed Park improvements featuring the use of queen palms, native plant materials, accent boulders, addition of color plantings, replacement of the existing walkway, with one design proposing an open air structure designed to highlight the Eisenhower monuments. He added that the estimated cost for materials would be approximately $35,000 to $40,000, the improvements implemented on a phased basis with labor provided by City personnel as workload and staffing permits. Mr. Hemphill requested City Council approval of the concept proposed, and introduced Ms. Sue Corbin, President of the Junior Women's Club, who requested an indication by the Council as to a preference of improvements. It was noted that the telephone booths and bike racks, although not shown in the renderings, would remain. Concern was expressed with the proposed gazebo due to possible obstruction of ocean view, and Ms. Corbin suggested that the addition of that improvement could be considered at a later date. Discussion continued. 7-6-87 Clift moved, second by Risner, to approve the concept of the improvements for Eisenhower Park utilizing the tinted concrete walkways, the queen palms, and utility pole edging. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried REPORT - CHILD CARE LEASES - ZOETER SCHOOL PROPERTY The City Manager presented the staff report and review of I the terms of the leases with Under the Rainbow and Sun 'N Fun to provide child care services at facilities located on the Zoeter School property, and recommended their approval. Councilman Grgas suggested that Seal Beach residents be given priority consideration for acceptance and participation in these child care facilities. The City Manager advised that both leases provide for enrollment priorities. Councilman Hunt noted that this property is being considered for lease to provide child care services at approximately $.10 per square foot with the average property owner paying around $1.00 per square foot in taxes, and stated that given the recent controversy with regard to rent relating to the pier restaurant lease, he felt it would be only appropriate for the City to seek bids to determine if another operator could provide this service with a greater return to the City. Considerable discussion followed with members of the Council expressing their support for the child care services that currently exist. Ms. Debbie Daniello, 408 Marble Cove, addressed the Council as a represenative of Under The Rainbow and spoke in support of their child care services. Ms. Daniello stated that they have relocated from the front building, have obtained the necessary liability insurance, utility service in their name, work cooperatively with Sun 'N Fun, and are proceeding with repairs and improvements to the building and its I grounds. She stated it is their desire to service the families of Seal Beach, and submitted a petition of approximately sixty-five families in support of the proposed lease. Risner moved, second by Clift, to approve the leases with Under The Rainbow and Sun 'N Fun for use of facilities located at the Zoeter School site to provide child care services, and authorized the Mayor to execute the Agreement on behalf of the City. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried By unanimous consent, the Council declared a recess at 8:55 p.m. and reconvened at 9:08 p.m. with Mayor Wilson calling the meeting to order. BEACH PARKING LOT AUTOMATION The Assistant City Manager reported that through contractual agreement the City provides the use of pier landing facilities as well as the beach parking lot by Chevron and Union Oil companies, explaining that their employees, working twenty-four hours per day, have been using the ramp I to enter the parking lot after closing hours which as caused problems for both the employees and the Police Department. He stated that upon discussion of this matter with the oil companies and the Police Department it has been determined that the most realistic solution would be limited automation of the parking lot, to be activated after closing of the beach lots, which would involve the installation of a gate arm at the Eighth Street lot entrance activated by a special credit card for entry. He advised that the cost of the installation would be borne by the oil companies, and in turn would allow closer monitoring and more accurate billing 7-6-87 I of the lot usage by the City. Councilmember Risner asked if a push button/ticket system could be investigated within the allocation of monies by the oil companies, and implement an hourly charge for the time the parking space was in use with a not to exceed fee of $5 rather than the current flat fee. Mr. Joseph advised that the system previously discussed would allow the use of tokens, credit cards or bills, and would not require an attendant, clarifying that the system proposed would only be activated after the lots are closed, however would also allow the use of a gate attendant during normal hours of operation. Councilman Hunt expressed his support for the system proposed with the understanding it would be capable of handling add-on modules if other features were determined to be desirable, also suggested that the local merchants be advised of the installation of this system and that their comments or suggestions be solicited, noting that if there are other ways of increasing revenues they should be looked into, such as allowing the use of the parking lots by pier restaurant patrons after closing. Mr. Jack Haley, 901 Ocean Avenue, stated he wished to gather input from other Main Street merchants for consideration, however suggested the possibility of allowing the use of the beach lots by downtown patrons in the evening through the issuance of a complimentary token by the merchant. Councilman Grgas noted that some assurance will have to be provided that spaces are reserved for use by the oil companies and the pier restaurant. The City Manager cautioned that variable rates could pose an administrative and accountability problem for staff. Hunt moved, second by Clift, to authorize staff to proceed with the installation of an automated parking system at the Eighth Street beach parking lot, with the stipulation that the system would be capable of expansion, and that staff take into consideration all other options. Mitzi Morton, 153 - 13th Street, suggested that consideration be given to automating the parking lots during the daytime with a $l fee for the first hour and $.50 for each hour thereafter, which would encourage greater use by residents, also stated she felt that the 6:00 p.m. closing of the beach lots is too early. I AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson , None Motion carried ZOETER UPDATE The City Manager stated he would be providing a detailed report to the City Council in Closed Session. APPOINTMENT - BOARDS AND COMMISSIONS I Civil Service Board Councilman Hunt requested that the appointment to the Civil Service Board representing District Five be held over. Environmental Oualitv Control Board Mayor Wilson moved to reappoint Mr. Lowell Kolb to the Environmental Quality Control Board representing District Two for the full term of four years expiring July 1991. Councilman Clift seconded the motion. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Parks and Recreation Commission Councilman Grgas requested that the appointment to the Parks and Recreation Commission representing District One be held over. 7-6-87 Mayor Wilson moved to reappoint Mr. Greg Weiler to the Parks and Recreation Commission representing District Two for the full term of three years expiring July 1990. Councilman Hunt seconded the motion. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Plannina Commission Councilman Hunt requested that the appointment to the Planning Commission representing District Five be held over. Proiect Area Committee Councilmembers Grgas and Risner requested that their appointments to the Project Area Committee be held over. SOLID WASTE ENTERPRISE FUND Councilmember Risner presented her memorandum to the Mayor and Council regarding the proposal by the County to transfer $15.6 million dollars from the Solid Waste Enterprise Fund to the County's General Fund, an action that could significantly increase the cost of the City's refuse collection and impact each residence in the community. Mrs. Risner urged the Council to contact Supervisor Wieder and express the City's concerns regarding this proposed action. Risner moved, second by Clift, to reaffirm the postion taken by the Seal Beach City Council on May lIth that no transfer of monies or funds from the Enterprise Fund to the County General Fund be allowed, and that this action be forwarded to the Board of Supervisors of Orange County for their meeting the following day and on July lsth. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried CITY COUNCIL ITEMS Councilman Clift announced that the new community park in the College Park East area, named .College Parkn, had been dedicated and opened the past weekend and following those brief ceremonies, an individual had taken an automobile into the park and severely damaged the grounds. Mr. Clift advised that due to this incident of vandalism and until the park can be completely lined with blocks, it will be necessary to lock the park until such access can be limited. Councilman Grgas requested that the disaster provisions enacted as a protection measure in the event of flooding of homes along Seal Way be extended until the new disaster ordinance is enacted. Councilmember Risner reported a complaint regarding the number of air flights over Seal Beach to the Long Beach airport, as well as their altitude, and requested that the staff look into the matter. Councilmember Risner also complimented the Police Department for the beach crowd control over the July 4th holiday. ORAL COMMUNICATIONS Mayor Wilson declared Oral Communications open. Mitzi Morton, Is3 - 13th Street, asked if the expired disaster ordinance applied to Seal Way only and if it also covered fire and earthquake. Councilman Grgas responded that it did not cover fire or earthquake, and was enacted at the request of Seal Way property owners concerned primarily with an incident of flooding, and advised that the new disaster ordinance will be coming before the Planning Commission for public hearing in the near future. There being no further communications, Mayor Wilson declared Oral Communications closed. CLOSED SESSION The City Attorney reported the Council would meet in Closed Session to discuss a matter of litigation pursuant to I I I 7-6-87 I ... Government Code Section s4956.9(a), D'Amico versus City of Seal Beach, pending litigation pursuant to Government Code Section s49s6.9(b), in addition a discussion regarding negotiations on real property, specifically the Zoeter School site and the Seal Beach pier, and personnel matters. By unanimous consent the Council adjourned to Closed Session at 9:53 p.m. and reconvened at 10:3s p.m. with Mayor Wilson calling the meeting to order. The City Attorney reported the Council had met in Closed Session to discuss matters of pending litigation as previously reported, also discussed personnel matters, and instructions were given to staff with regard to negotiations on the Zoeter site and also pier fishing lease. With regard to the sportfishing lease the City Attorney advised there was a need to take action on that matter at this meeting due to the timing of the private parties in approving the transfer of the interests of that particular lease, ~he need for such action arising after preparation of the agenda. Risner moved, second by Grgas, to amend the agenda to consider an item related to the sportfishing lease. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried SEAL BEACH SPORTFISHING LEASE The City Manager recommended Council approval of the phased sale of stock by Mr. Frank Hale, owner of the Seal Beach Sportfishing to Mr. Francis T. Phalen, with the recognition that the purpose of the phasing is to transfer ownership to Mr. Phalen over a five year period. Clift moved, second by Grgas, to approve the phased stock sale to Mr. Phalen. , AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried ADJOURNMENT Grgas moved, second by Hunt, to adjourn the meeting until Tuesday, July 14, 1987 at 2:00 p.m. to meet in Closed Session to discuss the Zoeter School site negotiations. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried The meeting adjourned at 10:43 p.m. CJ. Se Approved: &-h) f ~-~ Mayor I Attest: