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HomeMy WebLinkAboutCC Min 1986-09-08 9-8-86 Seal Beach, California September 8, 1986 The City Council of the City of Seal Beach met in regular session at 7:03 p.m. with Mayor Clift calling the meeting to order with the Salute to the Flag. 1 ROLL CALL Present: Mayor Clift Councilmembers Grgas, Hunt, Risner, Wilson Absent: None Also present: Mr. Nelson, City Manager Mr. Rudell, Acting City Attorney Mr. Joseph, Assistant City Manager Mr. Knight, Director of Development Services Mr. Thomas, Finance Director Mr. Hemphill, Director of Public Works/ City Engineer Mrs. Yeo, City Clerk WAIVER OF FULL READING Wilson 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. I AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried AGENDA AMENDED Risner moved, second by Grgas, to consider Resolution Number 3637, agenda item "E", out of order before item "D". AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried PRESENTATIONS Mr. Frank Brown, presented to the Council the Automobile Club of Southern California annual Pedestrian Safety Award. Mr. Brown commended the City for having been the recipient of this award for eleven consecutive years. Mr. Mark Biedebach, Chairman of the recently formed Seal Beach-China Friendship Committee, presented the City with a scroll from a member of the government of Beijing, China, the scroll offered as a symbolic gesture of friendship. Mr. Biedebach announced that the Committee's first fund raising event would be held in September, their goal being to provide funding for Chinese students to attend Cal State Long Beach. I RESOLUTION NUMBER 3636 - APPROVING ISSUANCE - TAX ALLOCATION BONDS Resolution Number 3636 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE ISSUANCE OF TAX ALLOCATION BONDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3636 was waived. Wilson moved, second by Risner, to adopt Resolution Number 3636 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried 9-8-86 RESOLUTION NUMBER 3637 - HONORING ADAM ERIK TOREM - EAGLE SCOUT AWARD Resolution Number 3637 was presented to Council and read in full by Mayor Clift entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING ADAM ERIK TOREM FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD." Risner moved, second by Wilson, to adopt Resolution Number 3637 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried ORDINANCE NUMBER 1226 - STATE LANDS SPECIFIC PLAN Ordinance Number 1226 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING A REVISED STATE LANDS SPECIFIC PLAN AND REPEALING ORDINANCE NO. 1155." By unanimous consent, full reading of Ordinance Number 1226 was waived. Councilmember Wilson stated that after further consideration she felt that it may not be in the best interest of the City to require a full service restaurant with the hotel development on the State Lands site, and that it was her intent to vote against the Ordinance adopting the Specific Plan as amended at the previous meeting. Councilmember Risner responded that the intent of the amendment was to strengthen the definition of the hotel development that may be proposed for the State Lands site and to insure that any development will be of superior quality. Councilman Hunt suggested that the revenues that will be generated to the City through the development of this site should be taken into consideration, and that the Plan be flexible to a degree that would not disallow a proposed development. Mr. Jay Covington, 4260 Dogwood Avenue, recalled the various developments that have been proposed for this site, reviewed the background leading to the preparation of the Specific Plan with the intent to provide the highest and best use for that property, also with the intent that the facility would serve the greatest number of guests and provide some type of food service from a third floor level with a view. Mr. Covington stated that the return to the City from tax increment, bed tax, and sales tax will be determined by the quality of the development, the City staff and Planning Commission intending that the product be of superior quality. He requested that the Council obtain an opinion from the city Attorney' as to whether or not the City would have the right to subjectively evaluate a development plan for the site and to deny such plan if it were determined that it did not satisfy the intent of the Specific Plan. The Acting City Attorney stated that when determinations of this nature are made a subjective element would be involved, as well as objective standards used to measure the adequacy of a precise plan when presented. Mr. Rudell advised that the planning Commission and City Council should be aware of the standards set forth in the Specific Plan when making determinations that could be considered by a court to be arbitrary, capricious or unreasonable. He explained that if a determination is based upon reasonable standards there is considerable flexibility in the actions that a city can take, and that in most cases subjective scrutiny would be upheld by the courts. Mr. Allan Tebbetts, Ball, Hunt, Hart, Brown and Baerwitz, Long Beach, referred to the consensus reached after a number of years that a hotel would be the best use of this site, stating that it is their understanding that revenue generated from the project would be from the rooms rather than from a restaurant. Mr. Tebbetts stated I I I 9-8-86 I he felt the lessee has come to the City in good faith and intends to develop a project that the City desires, however a precise plan can not be developed until the Specific Plan is adopted. Mr. Alan Scott, representative of the State Lands Commission, distributed copies of a letter from Claire Dedrick, Executive Officer of the State Lands Commission, addressed to the Council. Mr. Scott referred to the number of years during which negotiations have taken place for development on this site, as well as a significant financial outlay by the lessees, and stated that the State feels the project proposed will benefit the public as well as the City. He added that the amendment now proposed to the Plan could have a significant impact on the project for the site, and requested that the Specific plan, without amendment, be reconsidered and adopted. Mr. Philip Grotewohl, general partner of Super 8, expressed their desire to provide a quality development of the site, as is the desire of the City, also a product that will be economically sound with the primary income generated from the rooms, stating that the amenities of the project, including the restaurant, are incidental to the operation of the facility. Mr. Grotewohl explained that their proposed development provides for breakfast service with the capability for a full service restaurant if warranted and determined to be financially feasible, noting that usually food and beverage services in hotels do not provide a significant economic return unless the restaurant has an identity. Members of the Council indicated that it was their understanding that the definition of restaurant, as an ancilliary use to the hotel, would be required to serve three meals per day. The Acting City Attorney referred to the definition of restaurant under the Zoning Chapter of the Code, noting that the definition did not specify the number of meals to be served. Mr. Grotewohl continued, stating that a maximum of one hundred thirty rooms can be placed on the site while meeting the Specific Plan requirements for parking and landscaping, and requested some indication from the City that their conceptual plan meets the requirements proposed for the site, which would in turn allow them to execute the lease with the State. Mr. Grotewohl also spoke to the extensive off-site improvements and related costs that may be required of the project. The Council advised Mr. Grotewohl of the procedure to be followed to submit the development plans to the City. Ms. Helen Gavin of the consulting firm of pannel, Kerr & Forster, referred to the marketing feasibility study that was prepared for the State Lands site and to their recommendation that the restaurant provide only breakfast services, a recommendation that was based upon the market demand, the number of such facilities in the surrounding area, the size of the site and number of rooms proposed. Risner moved, second by Grgas, to adopt amended Ordinance Number 1226 as presented. The Mayor requested that the Acting City Attorney clarify the definition of restaurant as it relates to amended Ordinance Number 1226, specifically whether or not it would allow the operator to provide breakfast service only with the flexibility to expand the restaurant facility at a later date. I I By unanimous consent, the Council declared a recess at 8:20 p.m. The Council reconvened at 8:32 p.m. with Mayor Clift calling the meeting to order. The Acting City Attorney advised that upon review of the language as proposed, should any ambiguity arise regarding 9-8-86 the definition of restaurant, clarification would be pursuant to section 28-266 of the Municipal Code, that provision not requiring the service of three meals per day. Mr. Rudell also reported that the representatives of Super 8 indicated they would have no objection to the definition of restaurant, agreed that the facility would be open to the general public, and again confirmed that service of breakfast only would meet the requirements of the Specific Plan as amended. I Vote on the motion to adopt amended Ordinance Number 1226: AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried RESOLUTION NUMBER 3638 - HONORING JOHN BROADDUS - PUBLIC SERVICE Resolution Number 3638 was presented to Council and read in full by Mayor Clift entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING JOHN BROADDUS FOR PUBLIC SERVICE." Grgas moved, second by Wilson, to adopt Resolution Number 3638 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried RESOLUTION NUMBER 3639 - ESTABLISHING SALARY RATES/BENEFITS - ORANGE COUNTY EMPLOYEES' ASSOCIATION Resolution Number 3639 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AUTHORIZING THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEFITS FOR THE ORANGE COUNTY EMPLOYEES' I ASSOCIATION AND REPEALING ON THE EFFECTIVE DATES SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 3639 was waived. The Assistant City Manager presented the staff report, summarizing the changes in wages, fringe benefits and working conditions for the next contract year. Grgas moved, second by wilson, to adopt Resolution Number 3639 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried RESOLUTION NUMBER 3640 - ESTABLISHING SALARY RATES/BENEFITS - POLICE DEPARTMENT Resolution Number 3640 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AUTHORIZING THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEFITS FOR THE POLICE DEPARTMENT AND REPEALING ON THE EFFECTIVE DATES SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 3640 was waived. Grgas moved, second by Risner, to adopt Resolution Number 3640 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3633 - CREATING NATIONAL OCEANIC PARK Councilman Grgas moved to remove from the table Resolution Number 3633 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SUPPORTING THE CREATION OF A NATIONAL OCEANIC PARK BETWEEN THE ORANGE COUNTY COASTLINE AND CATALINA ISLAND," and that this item be continued until the September 22nd meeting. Councilmember Risner seconded ~ 9-8-86 the motion, noting that the Council had requested copies of actions taken by other coastal cities on this matter, also information as to what effect such action would have on current offshore oil operations. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3641 - SANTA ANA RIVER FLOOD PROTECTION AGENCY - REQUEST FOR MEMBERSHIP - CITY OF BUENA PARK Resolution Number 3641 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RATIFYING THE CITY OF BUENA PARK'S REQUEST FOR MEMBERSHIP IN THE SANTA ANA RIVER FLOOD PROTECTION AGENCY." By unanimous consent, full reading of Resolution Number 3641 was waived. Risner moved, second by Wilson, to adopt Resolution Number 3641 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried AGENDA AMENDED Risner moved, second by Wilson, to amend the agenda to include an additional item on the Consent Calendar, designated as item "R-l". AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I The Director of Public Works presented the staff's report relating to item "R-l", a request for a budget amendment in the amount of $10,000 allocated to account 5036 for repair and/or replacement of four City-owned underground storage tanks, resulting from the testing of the City's underground tanks, as required by State law. CONSENT CALENDAR - ITEMS "K" THROUGH "R-l" Councilman Grgas requested that Item "Q" be removed from the Consent Calendar. Grgas moved, second by wilson, to approve the recommended action for items on the Consent Calendar, except Item "Q", as presented. K. Approved the minutes of the regular meeting of August 25, 1986. L. Approved regular demands numbered 62067 through 62230 in the amount of $442,433.76, and payroll demands numbered 22217 through 22404 in the amount of $172,323.79 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. M. Denied the supplemental claim for damages of Thomas Supranovich and referred same to the City's insurance adjuster. I N. Allocated $1,773 from unallocated General Fund reserves to the Public Transportation Account 6451, for additional funding of the Leisure World Bus. O. Approved the specifications and authorized the City Manager to advertise for bids for the lease/purchase of a regenerative air (vacuum) sweeper. 9.:..8-86 P. Authorized the City, Manager to execute and submit an application for SB 821 Bicycle and Pedestrian Facility Program funds for fiscal year 1986/87, designated for sidewalk reconstruction. R. Declared that a vacancy exists from Councilmanic District Five on the Environmental Quality Control Board for the unexpired term ending July 1990, I,' on the Seal Beach Administration Building Authority for the unexpired term ending July 1988, and on the Department of Water and Power Advisory Commission for an undetermined term. R-l. Approved a budget amendment of $10,000 allocated to account 5036 for repair and/or replacement of four City-owned underground storage tanks. AYES: Clift, Grgas, Hunt, Risner, Wilson NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "Q" - SEAL BEACH BOULEVARD MASTER IMPROVEMENT PLAN Councilman Grgas noted that the Improvement Plan is the result of a one and one-half year effort by the Seal Beach Boulevard Task Force, and conveyed appreciation to the Task Force members for their participation. Mr. Grgas expressed his personal feeling that Seal Beach Boulevard has been neglected, is unattractive and negatively impacts surrounding neighborhoods, and that improvements proposed by the Plan are necessary to upgrade a major entry into the City, and will tend to slow traffic on the Boulevard, which is a concern. He noted that the area is currently 1 zoned C-2, under which a wide variety of uses would be allowed that may be undesirable, also that existing residential uses have been determined to be nonconforming by the current zoning. Mr. Grgas stated that there are a number of other issues that still need to be addressed including improvements to existing uses, new development that may be proposed for the area, the ability to finance new construction, etc. Councilman Grgas clarified that no funds are being committed to the improvements over any other community need, however the Plan will allow consideration of funding the improvements as resources become available. The Council invited comments from members of the audience. Mr. Greg Miller, Sandpiper Bike Shop, questioned the need for the street median, referred to the cost of maintaining same, and questioned why a median is not also proposed for Main Street, a roadway of equal width. Mr. Miller stated he felt bicycle riding will become unsafe, inquired why parking cannot be provided on both sides of the Boulevard, suggested that the speed of traffic be lowered through a means other than construction of a median, also stating he felt his business would be negatively impacted by certain improvements proposed. With regard to the width of Seal Beach Boulevard and Main Street, the Director of Development Services reported that both roadways have a total right- I of-way of eighty feet, however Main Street having a curb to curb width of fifty-six feet with two twelve foot sidewalks, versus the proposed Seal Beach Boulevard improvements that would provide a curb to curb width of sixty-six feet with a nine foot sidewalk to the west, and a five foot planting screen to the east. Mr. Dave Bartlett, Van Del and Associates, clarified that the median was the result of suggested improvements through the public participation process of 9-8-86 I the Task Force, also explained that a U-turn pocket has been provided for northbound traffic at Landing Avenue, a U-turn also allowed at Pacific Coast Highway. Soretta Fielding advised that she was an original Task Force member, and expressed her support for approval of the Plan, which she stated will in turn allow consideration of positive improvements to the Boulevard. Mr. Bruce Stark, 204 Ocean Avenue and 209 Seal Beach Boulevard, stated that although he was originally opposed to the plan, it does represent a compromise of many competing interests, suggesting that the Plan be adopted and that some funds be designated toward implementing the improvements, and questioned a rumor that development on the Boulevard may be considered for a Redevelopment project area. The City Manager advised there have been no inquiries or discussions regarding redevelopment in the subject area to his knowledge, and stated that once the Plan is adopted, the staff will implement the Plan, however will not make amendments to it, and pointed out that a future amendment to the Plan could be requested following the proper procedures. Councilmember Risner questioned City undergrounding of the area and proposed for special lighting fixtures rather than the undergrounding and fixtures being provided by Edison Company, also the extent and need for textured sidewalks in the improvement area, and the related costs for those improvements. She requested staff assurance that the Council will have the opportunity to approve or deny specific items of the Plan at a later date. Mr. Dennis Courtemarche, 315 - 16th Street, spoke for adoption of the Plan as presented, however should revisions be considered, requested that the basic concept of improvements be retained. Mr. Courtemarche referred to the Boulevard as a major entrance to the community and in great need of improvement, advising that.with the Plan adopted, opportunities for grant funds may become available to further implement the Plan. He also pointed out that if the concept of the plan can be maintained however a means is found to reduce certain costs of implementing same, he did not feel objections would be raised by those who participated in the preparation of the Plan. Councilman Grgas explained that before any funding is sought or specific improvements commenced, Council consideration would again be required. Peggy Morrison, 314 - 17th Street, stated that in her thirty- five year residency, she has seen no improvements to Seal Beach Boulevard, expressed her feeling that any improvement to the Boulevard will benefit the City as a whole, and spoke for approval of the Plan. Discussion continued. Grgas moved, second by Clift, to approve the Seal Beach Boulevard Master Improvement plan as recommended by staff. Discussion continued. I Councilmember Risner moved to amend the plan, replacing the proposed City purchased decorative lighting, similar to the fixtures on the Municipal pier, with Edison fixtures. Councilman Grgas accepted Mrs. Risner's amendment as a modification to the original motion. I Mr. Bartlett clarified that the design elements, the street lighting and enriched pavement, were added to the Plan in response to Task Force concerns of design continuity and consistency throughout the City, and explained that the enriched pavement, stamped concrete, is proposed across Seal Beach Boulevard at pacific Coast Highway and throughout a three foot wide area where trees are proposed along the business side of the street. Mr. Mike Martin, Area Manager for the Edison company, recalled that when this particular 9-8-86 Plan was proposed there was discussion of undergrounding Seal Beach Boulevard, and advised that if funds are available, those funds set aside for cities and counties by the Edison Company, the Edison Company will put in, at no expense to the City, standard Edison owned and maintained street lights. Mr. Martin explained that if the City chose decorative lighting at the time the undergrounding takes place, the Edison Company would provide the service, however the City I would be required to put in and maintain the system. Mr. Martin confirmed that the existing lighting fixtures on the Electric Avenue greenbelt are a standard Edison fixture. Mr. Martin stated that underground costs are calculated at approximately $100 per foot, however soil conditions and different voltage systems would need to be taken into consideration when calculating actual costs, noting that the area in question would appear to be a standard project given the minimal number of services within the project area. In response to Council, Mr. Martin reported that after the First Street/Ocean Avenue undergrounding project, approximately $30,000 will remain in the City's undergrounding fund, that approximately $51,000 is credited to the City's fund annually and that the City may borrow on those funds up to and including a three year allocation. The Development Services Director reported that the area of Seal Beach Boulevard that would be proposed for undergrounding is approximately 1100 feet. Councilmember Risner stated she would vote in favor of the motion, as amended, with the understanding that changes may be made in the future. Vote on the motion, as amended, to adopt the Seal Beach Boulevard Master Improvement Plan: AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I APPOINTMENTS - BOARDS AND COMMISSIONS Planning Commission Councilman Grgas requested that the District One appointment be held over. Seal Beach Administration Building Authority Mayor Clift requested that the District Four appointment be held over. VOTING DELEGATE - LEAGUE OF CITIES CONFERENCE Risner moved, second by Hunt, to designate Mayor Clift as the City's voting delegate to the 88th Annual League of California Cities Conference, and that Councilmember Risner be designated as the alternate voting delegate. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried COUNCIL ITEMS Mayor Clift stated he wished to propose a budget amendment at next meeting relating to the purchase of a gang mower to be used at the Armed Forces Reserve Center Park and I on other City properties. Mayor Clift reported a group of COllege Park East residents are proceeding in an attempt to raise funds towards the purchase of this equipment, also that monies budgeted for the lowering of the wall at the Park, that are no longer required to be be expended for that purpose, could be reallocated toward the purchase of this equipment. Councilmember Risner requested a report from the City Manager regarding what steps can be taken to trim the palm trees on Bolsa Avenue. I I I 9-8-86 ~ ORAL COMMUNICATIONS Mayor Clift declared Oral Communications open. Mr. Norm Shutzberger, 228 - 13th Street, Chairman of OZ, inquired if a report had been provided the Council as to alternatives that may be available to obtain the entire Zoeter School site. The City Manager responded that the staff is proceeding with this matter and working with the School Board staff, and that a status report may be forthcoming by the next meeting. Mr. Bruce Stark, 204 Ocean Avenue, spoke regarding an initiative being proposed relating to open space and the legal publication of intent of same, referred to a court case involving the City of Tiberon with regard to provisions of the Naylor Act. Councilman Grgas reported a communication from a resident inquiring if the Zoeter property had been placed in a surplus state at the time of the consolidation election, and if so, no representation was made to the electorate that the property may be disposed of. Councilman Grgas requested that the City Manager and City Attorney investigate and report to Council what material effect such action would have on the Districts ability to dispose of the property. The City Manager noted this meeting to be the first of three experimental cablecasts, expressed appreciation to the production staff, and reported that a tape of the meeting would be available for Council review. There being no other communications, Mayor Clift declared Oral Communications closed. ADJOURNMENT Grgas moved, second by Clift, to adjourn the meeting at 10:12 p.m. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Approved: C1ty Seal Attest: