HomeMy WebLinkAboutCC Min 1984-07-23
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at this meeting, and the additional condition for traffic
signali zation.
Councilman Clift moved a substitute motion to deny the
Specific Plan as presented. Councilman Grgas seconded
the motion.
AYES:
NOES:
Clift, Grgas
Brownell, Risner, Wilson
Motion failed
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Vote on the motion to approve the Specific Plan concept
as conditioned:
AYES:
NOES:
Brownell, Risner, Wilson
Clift, Grgas
Motion carried
Councilman Grgas asked that the record reflect that his
no vote was because he felt a greater contribution should
be made by the developer.
ORAL COMMUNICATIONS
Mayor Brownell declared oral communications open. Mitzi
Morton, 13th Street, expressed her disappointment with
the Council's action relating to the Bixby development.
There were no other oral communications; Mayor Brownell
declared oral communications closed.
ADJOURNMENT
Grgas moved, second by Wilson, to adjourn the meeting at
12:48 a.m.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
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and ex-off'cio clerk of the
City Council
Approved:
?~ _../~'" I ....,eeL
May
Atte." 9-.....~ VJ
City lerk
Seal Beach, California
July 23, 1984
The City Council of the City of Seal Beach met in regular
session at 7:00 o'clock p.m. with Mayor Brownell calling
the meeting to order with the Salute to the Flag.
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ROLL CALL
Present:
Mayor Brownell
Councilmembers Clift, Grgas, Risner, Wilson
Absent:
None
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Also present: Mr. Parker, City Manager
Mr. Stepanicich, City Attorney
Mr. Baucke, Principal Planner
Mr. Stickney, Assistant City Engineer
Mrs. Yeo, City Clerk
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WAIVER OF FULL READING
Risner moved, second by Wilson, 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:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
RESOLUTION NUMBER 3397 - COMMENDING SOUTH COAST REPERTORY -
TWENTIETH ANNIVERSARY
Resolution Number 3397 was presented to Council and read
in part by Mayor Brownell entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA,
COMMENDING SOUTH COAST REPERTORY FOR OUTSTANDING SERVICE
TO THE COUNTY OF ORANGE ON THEIR TWENTIETH ANNIVERSARY."
Risner moved, second by Wilson, to adopt Resolution Number
3397 as presented.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
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AGENDA AMENDED
Councilmember Risner moved to amend the agenda to discuss
a traffic study. Councilmember Wilson seconded the motion.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
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Risner moved, second by Wilson, to direct the staff to
implemet a traffic study relative to the impact of possible
future development by Bixby of their vacant parcels of
land. Discussion followed regarding the responsibility
for payment of such a study, with Mrs. Risner inquiring
if the cost could be passed on to the developer. The City
Attorney advised that if it was the intent to pass the
cost of a traffic study on to Bixby Company it would have
to be tied to a future discretionary action requested of
the City, and should the Council choose to have such study
done now the cost would have to be borne by the City since
there are no development applications pending. With
reference to discussion regarding a zone change of Bixby
property, Mr. Stepanicich explained the City has the
authority to initiate such change, which would not
necessitate a traffic study. He suggested that a study
could be required of the developer upon submittal of any
application affecting the use of their property that would
address the cumulative impact on traffic in the area.
Mr. Stepanicich also explained that the Council has the
authority to impose a moratorium on development pending
the preparation of a traffic study addressing the total
impact. Discussion continued. Councilmember Risner withdrew
her motion with consent of the second. Risner moved, second
by Wilson, that the City Council be notified of any future
plans presented to the City by Bixby for discretionary
or non-discretionary action, and that no permits be issued
pending City Council notification and possible action.
The City Attorney noted that a moratorium is allowed for
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up to two years pursuant to State law.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
RESOLUTION NUMBER 3398 - ENVIRONMENTAL FINDINGS - BIXBY
OLD RANCH BUSINESS PARK SPECIFIC PLAN
Resolution Number 3398 was presented to Council entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, I
CALIFORNIA, MAKING CERTAIN ENVIRONMENTAL FINDINGS RELATING
TO THE ESTABLISHMENT OF THE BIXBY OLD RANCH BUSINESS PARK
SPECIFIC PLAN." By unanimous consent, full reading of
Resolution Number 3398 was waived. Principal Planner,
Mr. Baucke, stated that all findings have been incorporated
in the proposed resolution. The City Attorney recommended
the following changes to the proposed resolution: l) page
three, Section 2, delete the words "The City Council finds
as follows", adding a colon after "EIR.; 2) page three,
Section 2-C, amended to read "...lessens this effect as
development has obtained permission....; 3) a sentence
added to Section 2-C to read "Further, the project as
revised is consistent with the Orange County Airport
Environs Land Use Plan"; and 4) Section 2, Finding "K"
added to read "Members of the public have expressed concerns
regarding the impact on public safety as a potential
significant environmental effect. The City Council hereby
finds that the potential'impact on public safety is not
significant as the project complies with all FAA regulations
and is consistent with the Orange County Airport Environs
Land Use Plan. Further, the adjacent airport operator
has stated that it is not opposed to the project." A member
of the audience spoke regarding the possibility of the
Army changing their flight patterns, asked if flights will I
be reduced, questioned property owner liability in the
event of a disaster, and referred to the Armed Forces Reserve
Center Master Plan which has reportedly been withdrawn
at State level, and inquired if the Plan would still be
a legal document on file with the federal government.
The City Attorney stated ,that the local base is subject
to the position taken by the State and the Attorney General,
explaining that the State appeared at the public hearing
on behalf of the base, stating it was not opposed to the
project, therefore the purpose of the additional Finding
"K". '
Risner moved, second by Wilson, to adopt Resolution Number
3398 as amended. The City Attorney explained again that
Finding "K" was being added in view of testimony during
the public hearing process that dealt with public safety
and, additionally, that the Finding itself would have no
affect on the issue of liability, that certain liability
would exist for Bixby, the City or the air base regardless
of the Finding. In response to Council the City Manager
reported that according to the City's insurance broker
ten million dollars of additional insurance coverage would
cost approximately'five thousand dollars.
Vote on the motion to adopt Resolution Number 3398:
AYES:
NOES:
Brownell, Risner, Wilson
Clift, Grgas
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Motion carried
ORDINANCE NUMBER l170 - BIXBY OLD RANCH BUSINESS PARK
SPECIFIC PLAN
Ordinance Number 1170 was presented to Council for first
reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING THE BIXBY
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OLD RANCH BUSINESS PARK SPECIFIC PLAN." By unanimous consent,
full reading of Ordinance Number 1170 was waived. The
City Manager reported that a meeting had been held with
the environmena1 consultants to discuss concerns relating
to the Traffic Engineering Report, noting that the consultant
and the traffic engineer, Mr. Justin Farmer, were present
to respond to questions raised. The City Manager referred
to a statement made by the EIR that the Seventh Street
connector would tend to mitigate existing traffic congestion
at the intersection of Lampson and Seal Beach Boulevard,
ask'ing how this interrelated with the left turn ramp to
the northbound San Diego Freeway. Mr. Farmer introduced
himself and stated he had assisted U1trasystems in the
preparation of the environmetal impact report. Mr. Farmer
reported that during morning peak hours approximately llOO
vehicles per hour make southbound left turns from Seal
,Beach Boulevard onto the loop on-ramp to the San Diego
Freeway, many of those vehicles exiting Lampson Avenue,
and with the completion of the Seventh Street connector
approximately 450 vehicles per hour would no longer use
the on-ramp, but use the connector. Mr. Farmer explained
that the estimated number of vehicles was calculated based
upon a 1979 origin/destination survey conducted by Ca1trans,
reporting sixty percent of the vehicles destined northbound
on the freeway, with forty percent traveling towards Long
Beach via Seventh Street, therefore.the connector road
would relieve the freeway on-ramp~ Mr. Parker asked if,
when the 1980 project was evaluated, a conclusion had been
made that the Seventh Street connector was unwarranted.
Mr. Farmer stated that there are pros and cons to the
connector, and explained that it will relieve a problem
on Seal Beach Boulevard as well as the freeway as it relates
to the number of vehicles and lane changes, however the
450 vehicles per hour in the morning will then be competing
~or capacity.on the interior roadway. Mr. Farmer reported
that the s~ecific effect on the signalized intersection
at Lampson and Seal Beach Boulevard will be that the traffic
flow and congestion will be relieved, with a number of
vehicles utilizing the number two lane rather than the
number one lane. The City Manager asked what the existing
traffic cQunt on Lampson is during peak periOdS and how
much traffic will be added to Lampson. Mr. Farmer responded
that a number of counts have been made over the last several
years, that an October 1981 count at the intersection of
Seal Beach Boulevard and Lampson during morning hours showed
594 vehicles northbound and 83 making a right turn; from
Lampson there were 913 making a left turn and 670 making
a right turn; and southbound Seal Beach Boulevard left
turns at th on-ramp of 1100, noting the peak morning hour
is between 7 and 8 a.m. He reported that during the morning
peak there would be 57 additional trips entering the project
area from westbound Lampson and 13 in the evening. In
response to the City Manager, Mr. Farmer stated there would
be 43 vehicles in the evening eastbound on Lampson as a
result of the project, and in the morning II vehicles.
Mr. Farmer added that during a twenty-four hour periOd,
229 westbound and 229 eastbound vehicles would utilize
Lampson Avenue as a result of the project, with the project
generating, over the twenty-four hour periOd, 2080 vehicles
entering and 2080 vehicles exiting the project area. The
City Manager asked if a comparative figure was available
for the 1980 proposed project for 206,000 square feet of
mixed garden office/retail mix use at a height of thirty-
five feet~ Mr. Farmer reported' that figure to be 5480,
noting that office development generates traffic in the
morning and evening, however does not generate the use
the remainder of the day as does retail. Mr. Farmer stated
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further that persons traveling northbound on Seal Beach
Bou~evard will have the option of using the present freeway
on-ramp to Seventh Street or a proposed northbound left
turn lane onto the Seventh Street connector. Mr. Farmer
verified that the Seventh Street connector will not mitigate
the evening northbound Seal Beach Boulevard traffic. with
regard to signalization at Lampson, he added that it would
be possible to reduce the signal cycle time with the
reduction of left turn vehicles. Mr. Parker asked if it I
had been determined whether the Specific Plan office use
or the previously approved garden office project, assuming
equal square footage, would have a lesser effect at peak
hours. Mr. Farmer responded that the Specific Plan proposed
would generate considerably less peak hour traffic than
the previous mix, noting that there is a high generation
from commercial uses, approximately IlS trips per 1000
square feet. With regard to determining the peak hour,
Mr. Farmer stated it depends on what the condition of the
street is, some of the uses, and the ability of a driver
to adjust working hours to fit peak traffic hours, possibly
through flex time, referring to Transportation Systems
Management which outlines various functions such as staggered
days and hours, ride sharing, and public transportation.
In response to Council, the City Attorney suggested that
an advisory condition could be included encouraging the
property owner to implement TSM.
Principal Planner, Mr. Baucke, reported that the proposed
ordinance had been prepared as directed by Council at the
July 9th meeting, and incorporates certain language as
outlined at that meeting. He pointed out that two Specific
Plans had been provided the Council, the Specific Plan
prepared by staff incorporating the conditions and 1
environmental findings approved by Council, and the Plan
that the Bixby Ranch Company is requesting to be adopted.
The Principal Planner reviewed in detail the differences
between the City's Specific Plan and the proposed Plan
of the Bixby Company. Mr. Baucke reported that since the
July 9th meeting, other additions and changes are proposed
for consideration, and reviewed each in detail as follows:
Section 4-A-i amended to read "That a contractual agreement
between the City and the Developer be drafted as approved
by the City Attorney which includes what signal modifications,
traffic and median improvements, developer's contributions
of the project requirements as approved by the City Council;
Section 4-A-j amended to read "A Maintenance District for
landscape and street maintenance shall be established for
all public streets and right-of-way within the project
as approved by the City Attorney." In response to Council,
the City Manager explained that a Maintenance District
as a condition for new development would not fall under
the restrictions of the proposed November Jarvis amendment.
~he Principal Planner proposed deletion of Section A-4-
o regarding special acoustical review, stating those
requirements are contained in Section A-4-d; after discussion,
Section A-4-t amended to read "Trees of sufficient size
as determined by the City, berms, hedges and thick foliage
plants shall be included within the Precise Landscape Plan"; 1
Section A-4-z amended to read "The dinner house shall be
relocated to the souths ide of the 7th Street connector
road unless engineering and safety studies show conditions
exist which make the location infeasible"; Section A-4-
bb added to read "A construction schedule shall be
established prior to issuance of building permits which
includes a limitation of heavy earth-moving activities
to between the hours of 7:00 a.m. and 3:30 p.m. as approved
by the City Engineer"; and Section A-4-cc added to read
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"The office buildings shall be located 40 feet closer to
the south and east property lines than shown in Exhibit
A. (Building '1, 97 feet to the eastern property line
and building '2, 80'feet to south property line) unless
the building height is reduced to 60 feet." The Planner
proposed amendment of Section B-I to read "The conceptual
location of all principal land uses is shown in Exhibit
A, Site Plan, with the addition of the restaurant site
modification to the souths ide of the 7th Street connector
road. All construction...."; Section B-3-a amended to
include the words "...with restaurant site modification
noted in Section A-4-z of this Specific Plan"; Section
B-4-e added to read "Traffic Modifications on Lampson Avenue
and Seal Beach Boulevard...The applicant shall provide
$lIS,OOO for modifications to traffic control facilities
on Lampson and Seal Beach Boulevard. This shall include:
I) Modernization of traffic controls on Seal Beach Boulevard
and Lampson (head, poles and equipment, etc.); 2) Modification
to include interconnects on Lampson Avenue from Seal Beach
Boulevard to City boundary; 3) Restripe intersection of
Lampson and Seal Beach Boulevard; 4) Install new illuminated
street name signs at Seal Beach Boulevard and Lampson
intersection; 5) Install new loops and loop protectors
at Seal Beach Boulevard and Lampson intersection; 6)
Installation of new controller, cabinet and related
equipment at St. Cloud and Seal Beach Boulevard"; Section
B-4-f added to read "Armored Guard Rail on Lampson
Avenue...The applicant shall provide an engineering study,
and a maximum contribution of $18,000 for construction
of armored guard rails along the south side of Lampson
Avenue"; Section B-4-g added to read "Median strip on Seal
Beach Boulevard...The applicant shall provide a contribution
of $35,000 for the construction of a landscaped median
strip along the center line of Seal Beach Boulevard from
the intersection of Lampson Avenue to the freeway on and
off ramp signal"; Section B-4-h added to read "That the
applicant construct a screen of the drainage channel at
Seal Beach Boulevard to include: I) 6' block wall; 2) A.C.
pavement at flood control driveway; and 3) construct catch
basin as approved by the City Engineer and Orange County
Flood Control District. Mr. Baucke continued with an
amendment to Section B-S-a to read "The maximum building
height shall be limited to four (4) stories not to exceed
sixty (60) feet unless the Precise Plans show the office
buildings located 40 feet closer to the east and south
property lines as noted in Section A-4-cc above, in that
case seventy (70) feet will be allowed"; Section B-6-b-
2, added to read "Up to 35% compact parking shall be
specifically authorized with the resultant (IS%) savings
of parking area to specifically be used for additional
landscaped open space area on the northeastern side of
the 7th Street connector road"; Section B-8-b amended to
read "Landscaping the boundary of the site along the
proposed wall facing the Rossmoor community shall include
plant materials which at maturity reach a height of between
twenty-five (25) and thirty (30) feet. The trees will
be 36" box specimens with a height at the time of planting
of IS to 18 feet." Councilmember Risner noted that upon
further investigation it had been found that larger trees
may tend to become root bound therefore the reduced height
of the initial plantings. Section B-'ll, Required Precise
Plan Submittals, amended to reflect that the City Council
will only be involved with review of the materials, colors
and textures of the elevations, to read "A - Fifteen (lS)
copies of the following shall be submitted for Precise
Plan review by the City Council, approval prior to issuance
of building permits. I - Precise elevation of all buildings
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and structures with heights dimensioned in detail (seven
of the fifteen copies to be colored as proposed). The
City Council to review only the materials, colors and
textures of the elevations. Samples of all elevation
materials and textures to be submitted for approval"; and
lastly, Section B-II-B amended to reflect Precise Plan
review by staff, to read "Five (5) copies of the following
shall be submitted for Precise Plan review by staff,
approval prior to issuance of building permits. l) A
Precise Site Plan showing all buildings, structures, parking
circulation and landscaped areas all shown in accurate
dimensioned detail (I" to 60' scale minimum); 2) Samples
of all decorative hard surfaces or walkways; 3) Photo or
plans of any streetscape furniture; 4) Precise Lighting
Plan showing the type, size, height and location of exterior
lights; 5) Precise Landscape Plan showing actual location,
type, size, and number of plants, trees and ground cover.
In addition, the plan must specify the design and location
of the irrigation system required for maintenance of the
landscape and provide concrete curbing or other separate
material surrounding the landscape areas; 6) Complete floor
plans of all floors of all buildings with rooms labeled
as to use; 7) Precise Sign Program Plan for all exterior
signage including project identification and directional
signs. The actual location, size, shape, height, color,
type of illumination must be shown. One of the copies
to be colored as proposed and material samples submitted."
The City Manager suggested that prior to approval of the
proposed changes, that the Bixby Company be allowed to
respond, particularly since the dollar figures for traffic
modifications differ in the City's Plan and the Bixby
proposed Plan. Mr. Taylor, consultant to the Bixby Company,
asked if the dollar figures set forth in the City's Plan
for traffic modifications were a "not to exceed" figure.
The City Manager verified that they were. With the exception
of one item, Mr. Taylor stated that the conditions would
be acceptable, however will have an impact on the project.
Mr. Taylor read proposed condition "cc" relating to
relocation or lowering of building heights, and relinquished
the podium to Mr. Ron Bradshaw, Project Manager, to respond
to this issue. Mr. Bradshaw stated that the useable height
of the buildings proposed is presently 60 feet with a 10
foot parapet that surrounds the top level of the buildings
which is primarily a screening device for mechanical
equipment. He explained that the building itself sits
2-1/2 feet above the parking lot grade, that the first
floor, which accommodates structural members and allows
for the lobby area, is 19 feet 5 inches with a leasable
area of 12 feet and a lobby of l4 feet, the second and
third floors being 13 feet floor to floor height with a
9 foot ceiling, allowing a 4 foot cavity in which to run
mechanical equipment, ducting, and electrical through the
infrastructure, the fourth floor being 12 feet floor to
roof in height, with a 3 foot space for mechanical equipment,
noting that the elevator equipment protrudes above the
height of the building by 7 feet, therefore the overall
building height of 60 feet without the parapet. Mr. Bradshaw
stated the proposed parapet would be constructed of the
same materials as the rest of the building which gives
the appearance of being a part of the structure and provides
a clean line from an architectural standpoint. With regard
to moving the buildings forty feet closer to Seal Beach
Boulevard and the freeway, Mr. Bradshaw stated this would
have major considerations with regard to design of the
project. He explained that the intent of the design of
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the three office buildings was to create a total surface
parking area that would have no front or rear concept.
He stated he felt that moving the buildings back would
create more of a parking lot feeling, that the design was
built around the concept of workability, and that moving
the buildings would impact the design of the project and
the atrium areas, also, there would no longer be two main
entrances into the buildings, that a single entrance would
be created. He explained that the parking had been
distributed to each section of the project, away from the
major entrances and the connector road. Mr. Bradshaw
explained that relocation of the buildings is not something
that could not be done, however it would have an impact
on the project design that was presented. Counci1member
Risner suggested that two of the four rows of parking spaces,
each space being twenty feet in length, be deleted from
the area where the building relocation is proposed, therefore
two rows of parking would remain along the entire perimeter
of the area. Mr. Bradshaw suggested that the City staff
may want to comment on the proposed building relocation
as it relates to fire safety, circulation around the buildings
and parking, and possibly meet with the designers to work
out any prOblems with engineering and design. Mr. Bradshaw
proposed that language similar to that relating to the
restaurant relocation be considered for the office buildings.
Mrs. Risner suggested an amendment may be necessary after
the staff has verified that moving the buildings will meet
the requirements for safety vehicles. The City Attorney
suggested that an additional provision could be added giving
the Council the option to place the buildings back where
they were originally proposed if it is determined unfeasible
to locate them as set forth in "cc". Mr. Taylor expressed
his concern that the position of the office buildings in
relation to the restaurant may pose a conflict between
the two uses, and should it be found relocation is not
feasible, suggested that the staff look into applying the
engineering and safety language relating to the restaurant,
to the office buildings. Mr. Taylor stated that moving
the buildings would be the most difficult, that lowering
the building height could be accomplished by removing the
parapet. The City Manager pointed out that lowering the
height to sixty feet is not relevant to engineering safety,
stated that removal of the parapet would be unacceptable
to staff and recommended that should the four story building
be approved, the parapet be required. Mr. Baucke stated
that the Specific Plan refers to the Municipal Code for
items the Plan does not address, and specifically under
commercial provisions of the Code all mechanical devices
are required to be screened, therefore anything above the
roof level would have to be screened from view in some
manner, noting that a parapet around the entire exterior
of the elevation, as Bixby has proposed, would be the most
acceptable to staff. Mr. Bradshaw suggested that the
engineering and safety consideration should only be relative
to moving the pad locations, stating he felt the preference
would be for relocating the forty feet and keeping the
building height from an architectural standpoint.
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It was the order of the Chair, with consent of Council,
to recess at 9:13 p.m. The meeting reconvened at 9:3l
p.m. with the Mayor calling the meeting to order.
The City Attorney recommended Condition "A-4-cc" be amended
to read "Unless otherwise approved by the City Council,
the office buildings shall be located 40 feet closer to
the south and east property lines than shown in Exhibit
A unless the building height is reduced to 60 feet"; that
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Section "B-S-a" be amended to read "Unless otherwise approved
by the City Council, the maximum building height shall
be limited to four (4) stories not to exceed sixty (60)
feet unless the Precise Plans show the office buildings
located 40 feet closer to the east and south property lines
as noted in Section A-4-cc above, in that case seventy
(70) feet will be allowed"; and Section B-II-A-l amended
to read "A Precise Site Plan showing all buildings,
structures, parking circulation and landscaped areas all I
shown in accurate dimension detail (l" to 60' scale minimum).
The City Council shall review only the height and location
of the buildings and the materials, colors and textures
of the elevations. Samples of all elevation materials
and textures to be submitted for approval." The City
Attorney explained that this will allow the Council to
review the location and height of the buildings at the
time the Precise Plans are considered, and if it is
determined at that time that movement of the buildings
by forty feet is not feasible the Council could adjust
the movement to a lesser footage, require the forty foot
adjustment, or require the buildings be lowered. with
regard to flex time, the City Attorney suggested Condition
"dd" be added to read "The developer shall be encouraged
to implement a Transportation System Management Plan which
includes flex time, staggered hours, and other similar
measures." In response to Council discussion, the City
Attorney recommended an additional sentence to Condition
"t" to read "All damaged landscaping shall be replaced
with p1antings of substantially similar size." In response
to a question by Council relating to Condition "e", the
City Attorney explained it to be a technical phrase as
provided by law, and noted that any substantial change
to the Specific Plan would be required to be considered 1
by Council under public hearing, and suggested that Condition
"e" be amended to read "Modifications...which do not give
rise to a conflict with the intent or policies of the
Specific Plan...".
Councilman Grgas referred to the developer's contributions
and stated he wished to point out the affect of approving
the project and granting the variance. He stated he had
made certain assumptions regarding the worth of the land
versus the building costs based upon two scenarios, the
property held for investment purposes, or the sale of the
property when the project is built, and then compared the
proposed project with a project without the variance.
He offered that if Bixby were to propose a 270,000 square
foot project spread across the site, two to three stories,
with stairways and stucco rather than the high-tech
architecture of steel and glass, the project would probably
generate $16S,000 per year cash flow or a two and one-half
percent return on a 13 million dollar investment assuming
a rental rate of $l per square foot. In contrast, the
high-tech project, based upon $1.SO per square foot rental,
would probably produce an annual cash flow of $6l0,OOO
per year or a return of 7.3 percent return on an investment
of seventeen million, therefore tripling the return on
investment affected by granting the variance to allow the 1
building height. Mr. Grgas continued, stating that the
Bixby land is very old in terms of ownership, therefore
has a low property value, and that a higher land value
could be obtained through sale of the property. He projected
that should the project cost 36 million, a fair land
allocation to the project would be about 9.4 million,
therefore a 270,000 square foot project value of 45 million
which could generate 4.5 million annual income. He stated
that should the project be sold for its worth, there is
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a potential for a profit of lO million dollars, which
includes the land value. He compared the proposed project
with a 270,000 square foot lower grade project, stating
that Bixby stands to realize between 4 to 6 million dollars
additional profit by receiving the variance, that the
variance will increase their profit return by two and one-
half times, increase their cash flow by three and one-half
times, concluding that the variance, in essence triples
Bixby's return from the project. Councilman Grgas expressed
his feeling that Bixby's contribution in the form of traffic
modifications is inadequate, should be at least doubled,
or that a contribution in another form would be appropriate.
Mr. Taylor stated he would turn the discussion to Mr. Bradshaw
if it was felt this discussion was germaine to the project,
also th~t he felt State planning laws prohibit a City from
making extractions for a project based upon a projected
profit to the developer rather than on planning merits.
Councilman Grgas responded that if the plan is approved
it would be on its planning merits, however planning
considerations are also based upon economics, that
consideration" in this case is not clearly made on the site,
topography, and existing surrounding land uses, suggesting
that Bixby could propose a project of lesser degree and
mass rather than the steel and glass structures proposed.
Mr. Bradshaw stated he did not feel economics were pertinent
to the discussion and that he felt the statements were
misleading. He stated Bixby would welcome a purchaser
of the property for 9.4 million dollars as it sits, noting
that he did not feel Bixby or any other developer would
be looking at anything near a 7.3 percent return cash on
cash. He stated that the base of the property has a
detrimental affect on Bixby Ranch as compared to another
developer who would come in and pay retail for the property,
referring to the tax base, stated that the only way Bixby
could get out of that property and preserve its position
would be to go to some type of exchange, which he felt
would not be difficult to prove, noting that Bixby has
not sold a piece of property, other than residential zoned
property, in the past fifteen to twenty years, that
properties are held basically due to the tax disadvantages
associated with a sale. Mr. Bradshaw pointed out that
over and above the project, Bixby is putting in a wall
at an estimated cost of $300,000 which was not required
by the EIR but included as a mitigating measure for the
Rossmoor community, $100,000 freeway signal at the
intersection of the project, which was not previously
required and benefits the community, the turning lane costing
approximately $30,000, $222,000 raw cost for putting in
the Seventh Street connector road, $200,000 imposed by
the landscaping speciman trees, in addition, the City will
receive fees associated with plan checking of about $10,000,
Bixby's engineering and design costs of approximately $50,000,
a total of those items being $913,000. Additionally, the
Lampson and Seal Beach Boulevard traffic modifications
costs of about $180,000, for a total of $1,093,000, noting
these contributions exceed by approximately $750,000 the
previous project. Mr. Bradshaw also stated that Bixby
has not discounted the 2.4 acres for the roadway, estimated
value of l.2S million, pointing out that the project cost
to Bixby now totals 2.3 million dollars for which there
is no return on investment. Mr. Bradshaw continued, stating
that a consideration, not only for this project but the
prior project, is that Bixby did not maximize the density
that would be allowed under either of the scenarios,
therefore if Bixby were to maximize development under the
M-l and C-2 zones, Bixby could produce a 500,000 square
foot project similar to the 1980 project, which, he stated
I
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is three times greater intense use allowed under existing
zoning, which would also be without exceeding the seventy-
five feet allowed in the M-l zone. Mr. Bradshaw confirmed
that Bixby has held the subject non-productive property
for a hundred years, stating he felt Bixby has been
considerate, in terms of approach and intensity, as to
what they would build on the site. Mr. Bradshaw referred
to the proposed project of 270,000 square feet on an
eighteen acre site, and should it be sold for a 9.4 million I
dollar figure given that kind of land base, he stated no
developer could make the project pencil out on a economic
basis, based on a rent schedule of possibly $2.50 per square
foot for unleasable space and $1.50 for leasable space,
that that would mean a debt service on 36 million dollars
of 35 million, therefore a loss of about 5 million just
in cash flow. He noted the cash flow on this project would
be about "break even" in the early years. Mr. Bradshaw
stated he could not think of one consideration that Bixby
has not responded to, attempting to work with the community,
and offered that Bixby could be put in a position where
they will go back to the original zoning, suggesting that
no one should be mislead that Bixby Ranch would go back
to 196,000 square feet of development, deeming it not to
be an economic use of that property under that scenario.
Again referring to the one hundred year ownership of this
site and pointing out that College Park East and Rossmoor
residential areas were once Bixby land, Mr. Bradshaw stated
Bixby could not be considered merchant builder, that they
manage their projects well, and further that Bixby has
not sold a project for profit in twenty years. Mr. Bradshaw
stated that the proposed project was a well thought out
plan, being considerate of land use in relationship to
the freeway, also relationship and location in the community,
as well as the mitigating measures over and above those I
called for in the EIR, and requested that it be kept in
mind that Bixby is contributing over 3 million dollars
to the project. Councilman Grgas responded that he felt
certain that there is at least a I million dollar contingency
built into the developer's proforma, in addition another
million dollars of development fees associated with the
building of the buildings that they charge internally,
referred to square footage prices of similar properties,
stating that there are buyers in the market at the asking
price and based upon what it is felt can be obtained from
city and county agencies. Councilman Grgas offered that
this project is unusual in that the developer is being
asked to contribute where he might not otherwise be required
to, unless the project was in a redevelopment area or under
a development agreement, stating however that the developer
is benefiting greatly by receiving the variance. He
continued, referring to the mention of a 500,000 square
foot development on the site, stating he would not object
to that as long as the thirty-five foot height and parking
requirements were met, which would increase the tax base
and sales tax return and most likely still require traffic
mitigating measures. Mr. Grgas expressed his strong feelings
that the developer is not contributing an amount commensurate
with the height variance for the project. Councilmember I
Wilson referred to the uniqueness of the site and location,
stating the privacy and traffic problems have been addressed,
that she found the contribution figures quoted by Bixby
interesting, and expressed her feeling that this is the
best project for this site. Risner moved, second by Wilson,
to approve the Specific Plan changes as presented by staff,
as amended, and the additional conditions and changes
proposed at this meeting. In response to Councilman Grgas
regarding the legality of developer contributions, the
7-23-84
1
City Attorney stated that he has seen no cases to date
that dealt with the issues of developer contributions based
on the economic profitability of the project, that typically
cases have emphasized that conditions of a project should
be based on land use impacts, suggesting that that should
be the basis for the Council to add conditions to the project.
He clarified that land use impacts are mitigating impacts
on surrounding areas, upon the community and services,
and should be the basis for developer contributions. The
City Manager referred to the negotiated cash contribution
for park land for the Hellman development as example, adding
that whatever the contribution, it should have a relationship
to the development. Discussion continued.
r ,
Vote on the motion to approve Specific Plan changes and
amendments:
AYES:
NOES:
ABSTAIN:
Brownell, Clift, Risner, Wilson
None
Grgas Motion carried
I
Councilman Grgas suggested an annual assessment be considered
for the maintenance and repair of Lampson Avenue and Seal
Beach Boulevard between St. Cloud and Beverly Manor Road.
The City Attorney cautioned that inclusion of areas outside
of the project could be deemed a benefit to other properties,
therefore they too would have to be assessed. Mr. Grgas
suggested a flat fee contribution, possibly $100,000.
Mr. Stepanicich stated that a legal test would be whether
or not there would be a reasonable relationship between
that contribution and the impact of the project on the
street, additionally, if challenged the question would
be whether or not the $IOO,OOO amount was a fair and
reasonable amount based upon the proven impact on Seal
Beach Boulevard, which is an engineering question. Grgas
moved, second by Clift, to impose a $100,000 developer
contribution towards maintenance and repair of streets
impacted by the project. Councilmember Risner asked what
percentage of impact there would be on Seal Beach Boulevard
by the project. It was clarified that this would be a
one time contribution. Discussion followed.
1
It was the order of the Chair, with consent of the Council
to declare a recess at lO:37 p.m. to allow the staff to
calculate data relating to street impact and repair/maintenance
costs. The meeting reconvened at 10:S8 p.m. with Mayor
Brownell calling the meeting to order.
The Assistant City Engineer reported that the Bixby project
would be responsible for four percent of the traffic on
Seal Beach Boulevard and three percent on Lampson, that
the total project cost of reconstruction of Seal Beach
Boulevard between Beverly Manor Road and St. Cloud would
be $200,000, Bixby's share would be $8,000, that
reconstruction of Lampson Avenue from Seal Beach Boulevard
to the east City boundary would be $700,000 total, Bixby's
share $24,000, for a total of $32,000. Councilman Grgas
pointed out that the City provides maintenance and weed
abatement along Lampson Avenue, suggesting Bixby should
be charged for those costs. The City Manager stated that
if there is no public use for the Lampson Avenue right-
of-way, it could be abandoned back to Bixby, which the
staff could initiate. Councilman Grgas, with consent of
the second, rephrased his motion on the floor to reflect
a $32,000 one time contribution rather than $lOO,OOO.
The City Attorney stated that the data the City staff
presented does provide factual support for the contribution,
suggesting it is a matter of policy whether or not the
7-23-84
Council chooses to request this type of contribution.
Counci1member Risner expressed her concern with this
condition, that she felt Bixby had tried to contribute
to the surrounding areas, however indicated she would support
the motion to maintain the City's roadways. Mayor Brownell
stated he personally did not approve of this type of
financial condition, therefore would vote against the motion.
AYES:
NOES:
Clift, Grgas, Risner
Brownell, Wilson
Motion carried
1
Councilman Clift commenced his comments with reference
to statements that the Bixby Company could set aside this
Specific Plan and then submit a project to build 75 foot
M-I and 35 feet C-2 buildings on this parcel under existing
zoning and in conformance with the General Plan. He
referred to Ordinance 975 which changed the zoning of nine
of the eighteen acre Bixby parcel from C-2 to M-l, and
as a result of that public hearing, the matter of use was
subsequently referred to the Planning Commission for
hearings, after which Ordinance 982 was adopted amending
Article IS of the Zoning Code, requiring all development
in the M-I zone to take place in the industrial park concept
in order to insure compatibility with the surrounding land
use and to insure general health, safety and welfare of
the community, etc. Pointing out that Ordinance 975
specifically referred to nine acres, he then referred to
Municipal Code Section 28-IS02 which allows the maximum
height of main buildings on a ten acre or larger site of
75 feet, and 35 feet on a site less than ten acres. Again
referencing the nine acres set forth in Ordinance 975,
Councilman Clift contended that the intent was that any
building construction in that nine acre, M-I zone, should I
not exceed the height of 35 ~eet. Mr. Clift stated that
the argument has been made that the word "site" refers
to the entire parcel and not the nine acre portion that
is zoned M-I. The City Attorney stated that the staff
had requested clarification of that section of the Code,
that there is an ambiguity in the Ordinance in that the
word "site" was used, which is not specifically defined
by the zoning ordinance. He stated that upon review of
the Zoning ordinance, it was determined that the term "site"
generally makes reference to an entire parcel or entire
building site. with regard to the Bixby Ranch property,
he stated it is an eighteen acre building site, therefore
it has been determined that the common usage of the word
"site" would refer to the entire area. He explained that
in interpreting an ambiguous ordinance a court can look
at the intent of the City Council, and if there is evidence
in the record to indicate what the intent was, that would
be a factor to be considered. He stated he had not reviewed
the record of the City Council, however in reviewing the
words used in the ordinance, it would seem that a court
would most likely determine "site" to include the eighteen
acres, not just a portion of the site. He explained that
the zoning cuts across the Bixby property, however there
is only one parcel of land, and for that reason it was
determined it was most likely, given the present wording I
of the Code, a court would determine that the "site" would
refer to the entire eighteen acres. Mr. Stepanicich stated
in terms of that interpretation, the Council could, if
they believe that the original intent was to limit the
site area to the M-I area, amend the Code provisions for
M-I zoned property, making it clear that the only property
that could be developed to a height ~f 75 feet would be
a ten or more acre M-I zone property. He clarified that if
7-23-84
I
the Code were amended in that way, a 75 foot building could
not be built on the Bixby property, also that the issue
of zoning will be moot if the Specific Plan is adopted
which will then be the controlling document, explaining
that any amendment to the Code would only effect the Bixby
property if the Specific Plan is not adopted. The City
Attorney also clarified that M-I zoned properties would
allow only those uses permitted by the Code. The City
Manager interjected that an exception under the Code is
research and1development, such as Rockwell, which is a
corporate office.
I
Ms. Carol Theriault, 4309 Elder Avenue, submitted petition
sections appealing to Counci1member Risner to change her
vote on the Bixby Business Park project. Mr. Robert Cook,
44l Central Avenue, stated he had several questions he
would appreciate a response to, the first, why this issue
was not referred back to the Planning Commission pursuant
to Government Code Section 65504 since a change had been
made to the Plan. The City Attorney responded that the
Government Code provisions specifically only apply to
General Law cities and are not binding upon Charter cities,
that the Government Code provisions had been used as a
guideline in adopting a Specific Plan, secondly with regard
to this case, there is a provision of State law that
requires a City to act upon a development project, under
which this project qualifies, within one year after an
application is filed with the City, and that this provision
of State law controls over any other provision of State
law or local provision, as well as Charter cities, therefore
the City Council must act by August 6th, noting that until
there is a Council decision as to what the contents of
this Specific Plan will be, there is nothing to refer back
to the Planning Commission. He stated that should the
Council take an action at this meeting, there would not
be sufficient time to refer this matter to the Planning
Commission for their report back to the Council due to
the fact that it is necessary for the Council to take action
on the Plan by August 6th. He explained that
even if the Government Code provisions did apply, which
they do not as to Charter cities, the one year time
requirement would still supercede the Specific Plan
regulations in the Government Code. Mr. Cook's second
question was, does this Specific Plan restrict or preclude
any other structures going on that piece of property.
The City Manager responded that if the Specific Plan is
adopted, in order put anything else on the site or to go
back to the existing zoning, Bixby would be required
to submit their request to amend the Specific Plan and
go through the exact same process. Mr. Cook asked how
many votes of the Council it would take to change a Specific
Plan. The City Attorney stated it would require a majority
vote of the Council after a public hearing. Mr. Cook stated
that since the applicant indicates that all that is proposed
under the Specific Plan is offices, he asked if the
ordinance calls for a zoning change or will it remain M-I
and C-2. The City Attorney stated that the zoning would
remain as it is now as for the General Plan designation
for the property, that the requirement of a Specific Plan
is that it be consistent with the General Plan which, in
this case the General Plan is very general as to the use
of this property, and that the Specific Plan is consistent
with the General Plan. He reported that there is a
provision in the zoning ordinance that states that if there
is any conflict between the provisions of the zoning
ordinance and a Specific Plan, the Specific Plan shall
control. He noted that this is not the first project where
1
7-23-84
there has been a conflict between the Specific Plan and
the provisions of the base zoning, for example the Hellman
and Department of Water and Power properties. Mr. Cook
expressed his concern that the subject parcel could have
an additional 443,000 square feet of footprint plus parking
at some future date by a majority vote of the Council.
Mayor Brownell recommended that the reference to the I
Specific Plan be changed to read "City of Seal Beach Bixby
Old Ranch Business Park Specific Plan." The City Attorney
recommended that that change be made throughout the
ordinance as well as the findings.
ORDINANCE NUMBER ll70 - CITY OF SEAL BEACH BIXBY OLD RANCH
BUSINESS PARK SPECIFIC PLAN
Ordinance Number 1170 was presented to Council for first
reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH BIXBY OLD RANCH BUSINESS PARK SPECIFIC PLAN."
By unanimous consent, full reading of Ordinance Number
1170 was waived.
Mr. Joe Siler, 4217 Birchwood Avenue, stated he wished
to raise a procedural question, noting that the City
Attorney had made reference to a State statute which
requires the City to take certain actions within a one
year period, Section 65950, which refers to action by a
lead agency, he stated by definition, he felt the lead
agency should be the Planning Commission. The City Attorney
responded that the interpretation was not correct,
explaining that the lead agency would be the agency that
makes the final decision upon a project, the project, in
this case, under State law would be defined as the Specific
Plan which was applied for by the developer/property owner. I
Further, he stated that once the property owner applied
for the Specific Plan the one year time periOd began, and
in this case the lead agency would be the City Council
since the Council will make the final decision, with the
Planning Commission being an advisory agency making a
recommendation to the City Council. With respect to
responsible agencies, a term used in CEQA, he stated the
term refers to separate agencies that have power to review
a project but do not make the final decision on that project,
therefore responsible agency does not apply to the City
at all, and the lead agency is clearly the City Council
in this case. Mr. Siler referred to City ordinances that
establish the Planning Commission as the arbiter in certain
circumstances when an application is made to the City,
additionally that under the Code the Planning Commission
makes every decision relating to zoning with the exception
of the appeal right to the City Council. Mr. Stepanicich
stated that to be correct with respect to a Conditional
Use Permit or Variance, explaining that the lead agency
would be the Planning Commission since under the Code
relating to those two matters the Planning Commission makes
the final decision unless there is an appeal to the City
Council. The City Attorney explained further that with
respect to a General Plan amendment, zoning ordinance
amendment or zone change, or with respect to a Specific 1
Plan, the Planning Commission is not the final approving
agency, but a recommending body to the City Council
therefore the Council becomes the lead agency. Mr. Siler
asked if there was anything in City ordinances that defines
the City Council as a lead agency. Mr. Stepanicich noted
that it is sometimes difficult to determine who is the
lead agency when there are various governmental agencies
involved in a project, however in this case, only the City
of Seal Beach is involved in the approval. He explained
7-23-84
I
that the term "lead agency" is not used in the City Code
since adoption of that terminology was subsequent to
adoption of the Zoning Ordinance, therefore the term is
defined by State law. Councilmember Risner expressed her
concern with the confusion and air of distrust that has
resulted from this project, with the statement of the State
Attorney General, with the process of Specific Plan's in
general, motives of the City Council, with the City staff
and City Attorney's position relative to the Bixby project,
with the completeness of the EIR, confusion as to how this
plan relates to the existing zoning of the parcel, M-1
and C-2, the traffic impact as conc1ued by the professional
traffic engineer, confusion as to the desires of the people
of the area affected by the project, whether or not this
project is setting precedent by whatever height is
determined, and whether the project is appropriate for
this parcel, however, would be inappropriate for land in
the old town and hill areas. Mrs. Risner stated she did
not know of another parcel of land in the City that has
the same configuration or abuts the freeway as does this
parcel of land. Councilmember Risner noted that from the
many discussions she has had, persons have expressed their
views for and against the height, architecture, restaurants,
return on investment and property taxes. Mrs. Risner stated
that in her estimation the project should not be determined
as to how much money the project is going to bring to the
City, possibly a consideration but not a final determination,
the final determination made as to wnether or not the
project is suitable for the site, with the least impact
to the area. She indicated that the City might make more
money with the 1980 plan as well as increase the sales
revenue, however stated she did not believe in strip zoning
of retail/commercial from a planning perspective.
Councilmember Risner explained that her major concern with
. the project was alleviated with the statement from the
Attorney General, her next concern was with traffic
congestion. She stated that she, along with the staff,
had met with the traffic engineer, with the conclusion
that the project will impact the area in a positive way
by relieving some of the traffic congestion, noting that
without the project, nothing is being done to correct the
traffic situation. Mrs. Risner added that she felt most
any city in Orange County would welcome a project of this
quality that only covers fourteen percent of the parcel,
noting that with the dense landscaping and mature trees,
it will soon become a beneficial project in that area.
Councilmember Risner expressed her appreciation for the
interest that has been shown tOWards this project, noting
that her district would not be impacted to the degree of
College Park East, but concluded that she felt the impact
that College Park East perceives may not be realized,
additionally, conSidering what other type of development
would be suitable for this parcel, stated that she felt
office use the best. Councilmember Wilson reiterated her
feeling that the plan with its modifications, is the best
land use however stated she would like to address a rumor
that Leisure World representatives may vote for this project
because Leisure World has plans to build a nine story
building. She reported that she had attended a luncheon
this past year during which a citizen stated he wanted
to tear down existing buildings, replace them with a nine-
story building at his expense, stating she presumed the
rumor started with those remarks. Mrs. Wilson reported
that a poll had been taken regarding use of the land that
was later developed into the condominiums, with the opinion
being that the residents would like to have a hospital
or convalescent home in Leisure World, however those thoughts
I
I
7-23-84
were abandoned as not feasible. Mrs. Wilson stated she
knew of no such plan for a nine-story building in Leisure
World as rumored. Mayor Brownell stated that the decision
on this project that he will make is what he feels is right
after indepth study of the project as well as the questions
that have been raised, which have now been responded to.
Councilmember Risner stated she had heard rumor from College
Park East that she was voting this project because Bixby
donated a large sum of money to the pier, and asked the I
Bixby representatives why they did not contribute to that
fund. In response to a member of the audience, Counci1member
Risner clarified that the mitigating measures will alleviate
the morning traffic impact, that it was reported that the
evening traffic would not be improved, also, that the traffic
signals will be set to coordinate with morning and afternoon
peak traffic.
Risner moved, second by Wilson, to approve the introduction
of Ordinance Number l170 as amended, and that it be passed
to second reading.
AYES:
NOES:
Brownell, Risner, Wilson
Clift, Grgas
Motion carried
A member of the audience inquired as to Council direction
for a traffic study, and complained that the traffic
presentation was poor and that information provided the
Council was not provided the public. The City Manager
reported that a traffic study would be ordered at such
time as new development is processed, reported that there
was no new traffic information provided the Council, merely
an explanation of the facts contained in the EIR, and a
map of the area with no data on it. The City Manager stated
that a workshop had been scheduled for Monday, July 30th,
for a discussion relative to the downtown business district,
however Councilmember Grgas will be unable to attend that
meeting, and reported that Ordinance 1l70, requiring a
second reading by August 6th, could be considered at that
meeting, and reschedule the downtown workshop. By consensus,
the Council agreed to consider Ordinance 1170 for second
reading on July 30th, 7:00 p.m. Councilman Clift stated
that he would be providing to the Council specific questions
that he would be addressing to the City Attorney concerning
the procedural aspects of processing the Specific Plan,
with a written response requested. In response to Council,
the City Attorney stated that it has been Council policy
if a Councilmember has specific questions, that they be
presented during the course of a meeting in order to obtain
the concurrance of the Council to have the City Attorney's
office respond. After discussion regarding possible legal
costs involved, the Council, by consensus, authorized the
City Attorney to respond to Councilman Clift's questions.
A member of the audience requested that second reading
of Ordinance 1170 be postponed until Monday, August 6th,
noting the possibility of circulation of a referendum against
the Bixby project. At the request of Councilman Grgas,
the Council, by unanimous consent, agreed to excuse his
absence from the July 30th meeting.
CONSENT CALENDAR - ITEMS "D" THROUGH "I"
Councilmember Risner requested Item "I" removed from the
Consent Calendar. Wilson moved, second by Clift, to approve
the recommended action for items on the Consent Calendar,
except Item "I", as presented.
D. Approved regular demands numbered 52788 through
53009 in the amount of $Sll,743.84, and payroll
I
I
7-23-84
demands numbered 9730 through 9910 in the amount
of $l33,07l.2l as approved by the Finance Committee
and authorized warrants to be drawn on the Treasury
for the same.
1
E. Denied the claim of Gabrielle Olmstead for property
damages and referred same to the City's insurance
adjuster.
F. Received and filed the memorandum reporting that
the Civil Service Board had taken action to change
their meeting time to 6:15 p.m. on the first
Thursday of each month.
G. Bids were received and opened by the City Clerk
at 1:30 p.m., June 13, 1984 for Project Number
547, Alley Reconstruction, as follows:
Sully-Miller Contracting
Company
Dyno Construction, Inc.
Shawnan Corporation
Richardson & LeBouef
Company
Damon Construction Company
$ 455,427.03
524,046.47
S42,128.58
544,739.75
SS2,176.l9
I
Rejected all bids for Project Number 547, Seal
Beach Alley Reconstruction, directed the staff
to modify the plans and specifications to delete
the Electric Avenue Alley from the Project, and
authorized the City Manager to readvertise for
bids for said Project.
H. Appropriated an additional $lO,OOO from the
unallocated General Fund balance for tree trimming
professional services for fiscal year 1984/8S.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "I" - REPORT - SIDEWALK REPAIR
Risner moved, second by Grgas, to hold this item over until
the next regular meeting.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
APPOINTMENTS - RECREATION and PARKS COMMISSION SEAL BEACH
ADMINISTRATION BUILDING AUTHORITY PROJECT AREA COMMITTEE
Wl1son moved, second by Grgas, to hold over the appolntments
to Boards and Commissions until the next regular meeting.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
I
ORAL COMMUNICATIONS
Mayor Brownell declared oral communications open. Mr.
Robert Cook, 44l Central Avenue, reported his observation
of site grading in the Trailer Park intended to be used
for a manufactured unit by the developer of the Park, and
objected to certain residents residing within the intended
low income Park. The Ci~y Manager reported that Mr. Dawson
has applied for a permit to place a manufactured home on
his site in the Trailer Park, noting that the existing
7-23-84
agreement for the Park calls for l20 spaces for low/moderate
income, 6 for market income, with Mr. Dawson having one
of the market income sites. He reported the immediate
concern by the staff was that it was a manufactured home,
explaining that those sections of the Health and Safety
Code dealing with definitions of Mobile Home Parks was
changed in 1982 to allow manufactured housing to be placed
in Mobile Home Parks. He reported the next concern dealt I
with which setbacks would apply, whether it would be R-3
trailer setbacks or under Title 25, noting that the
definition of what can be put in a Mobile Home Park now
allows manufactured housing, however the regulations dealing
with setbacks, sideyards, etc. only address mobile homes.
Mr. Parker reported that staff contacted the State Department
of Houslng for an interpretation, and their interpretation
was that wherever the law says mobile homes you simply
substitute manufactured housing, therefore you use the
setbacks in those particular codes. He stated, subsequent
to those discussions and with the knowledge of how the
State would rule, Mr. Dawson was then granted a foundation
permit for the manufactured home that he intends to place
in the Trailer Park which the State has deemed as legal.
In response to Council, the City Manager, stated he believed
the setbacks to be six feet. Mitzi Morton, lS3 - 13th
Street, expressed her feeling that a traffic study should
have been required and paid for by Bixby some time ago,
and stated she felt the the Traffic Study should have dealt
with the impact of the Hellman property development and
with the new Navy housing development, noting the future
impact on Seal Beach Boulevard and Lampson Avenue. There
were no other oral communications; Mayor Brownell declared
oral communications closed.
CLOSED PERSONNEL SESSION I
It was the order of the Chair, with consent of the Council,
to adjourn to Closed Session at 12:22 a.m. The meeting
reconvened at 12:40 a.m. with the City Attorney reporting
that the Council had discussed personnel matters.
ADJOURNMENT
Wilson moved, second by Clift, to adjourn the meeting to
Monday, July 30, 1984, at 7:00 p.m.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
The meeting adjourned at 12:44 a.m.
of the
Approved: QA A.....~ ~ - f~-- .~
Mayor
Attest. ~.- '~~r{fJ
I