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HomeMy WebLinkAboutCC Min 1985-03-25 3-11-85 / 3-25-85 at 9:51 p.m. with Mayor Brownell calling the meeting to order. The City Attorney reported the Council had met in Closed Session to discuss a personnel matter as previously reported. ADJOURNMENT Grgas moved, 9:53 p.m. second by Wilson, to adjourn the meeting at AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I clerk of the APP=~d'~_~ ~ ,. "u-"'o~ Attest: Seal Beach, California March 25, 1985 I 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. ROLL CALL present: Mayor Brownell Councilmembers Clift, Grgas, Risner, Wilson NOES: None Also present: Mr. parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Baucke, Director of Development Services 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: Brownell, Clift, Grgas, Risner, Wilson None Motion carried 3-25-85 PRESENTATION - LOS ALAMITOS HIGH SCHOOL CHEERLEADERS Mayor Brownell presented CertIfIcates of CommendatIon to the Los Alamitos High School Cheerleaders in recognition of their recent 1985 National High School Cheer1eading Championship Award. I AGENDA AMENDED Risner moved, second by wilson, to amend the agenda to include a report from the Planning Commission relating to the Szczerban appeal, to be considered after agenda Item "I". AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried PROCLAMATIONS Mayor Brownell Cross Month." declared the month of March, 1985 as "Red The Mayor proclaimed the month of April, 1985 as "Child Abuse Prevention Month." The week of April 14th through April 20th, 1985 was proclaimed "victims' Rights Week" by Mayor Brownell. I PUBLIC HEARING - ZONING TEXT AMENDMENT 1-85 - THIRD STORIES IN R-3 ZONE (SEAL WAY) Mayor Brownell declared the public hearing open to consider zoning Text Amendment 1-85 to amend specific limitations. on the placement of third stories on lots 37-1/2 feet or greater in width in the R-3 (High Density Residential) zone on Seal way. The City Clerk certified that the scheduled March 11th public hearing was published as required by law, that notice of this rescheduled public hearing was posted as required by law as well as published, and reported no communications had been received either for or against this matter. The Director of Development Services presented the staff report, reviewed the background and Planning commission action relating to ZTA-1-85, explaining that if adopted, the allowable third story area could be placed somewhere other than at the rear half of the property as required by present Code, also that the string line provision proposed as part of the amendment would control the projection of newly constructed third stories which could block, affect view or sight lines from adjacent neighboring properties. Mr. Baucke stated that the proposed zoning amendment brings forth certain questions that the Council may wish to consider in determining its action on ZTA-1-85: 1) are the properties on Seal Way unique due to special circumstances applicable to only those properties (size, shape, location, surroundings, function and design: 2) do any of these circumstances exist to such a degree that any exception for Seal way would not establish an equity problem with other properties in the R-3 (High Density Residential) zone; and 3) would the amendment propose a special privilege for one street. Mr. Baucke stated appropriate legislation will be prepared reflecting the Council's action on this matter. Mayor Brownell invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. Ronald Kredell, 1615 Seal way, stated he felt he was speaking for the majority of people along Seal way, noting that of those persons he had spoken to, no one spoke against the proposed third floor located to the front of a property. He stated that the main entrance to Seal Way property is via the alley, reported that he I 3-25-85 had spoken to the Director regarding the interpretation of the front of these properties and that Mr. Baucke had informed him that according to the Tax Assessor, the front of the property is the sidewalk, or Seal Way. He stated that when the City adopted the provision restricting a third story to the rear of a property the intent was to avoid a "tunnel effect," however this would be the result as it relates to the Seal Way Alley if the third story I is restricted to the rear, noting that nothing fronts Seal Way properties except the ocean, therefore Seal Way is considered unique to third stori~s, pointing to their existence along the Gold Coast and up to four stories in Surfside. He pointed out that there is not one property on Seal way where the third story is set to the rear and two stories in front. Mr. Kredell expressed his support for downzoning, also stated that he felt anyone building on Seal Way lots now would construct single family residences rather than a duplex or triplex. Mr. Krede11 stated he felt not allowing a thirty-five foot third story in the front of a property would lower property values in the area, and referred to the potential for increased parking spaces with single family. Mr. Frank Clinton, 1517 Seal Way, stated he had no objection to the third story proposed, stating he felt the particular properties, with their increased value, demand increased height, noting that he did not foresee any effect on future high rise. Mr. Robert Cook, 441 Central Avenue, reported he had addressed this issue on two occasions before the Planning Commission, and stated he felt ZTA-1-85 to be a special privilege to a limited number of land parcels, or spot zoning, that approval of the amendment could take away sight lines and cast undesirable shadows on adjoining properties. He expressed his feeling that the Seal Way properties are I not unique as regards desirability for an ocean view, pointing out that properties on First Street, the north side of Ocean Avenue west of Main Street, Seal Beach BOUlevard, and other selected parcels throughout the City could benefit from this type of amendment to gain a desirable view. Mr. Cook stated street or spot zoning is almost always an inequitable method to grant a privilege, creating more problems than are solved, pointed out that there are several properties along Seal Way that are a degree short of being 37-1/2 feet wide, therefore they would not qualify to be built in accordance with the proposed amendment, also that a tunnel effect can only be created if all properties are permitted to do the same thing, and since there would be so few properties that could avail themselves of the benefits of this ZTA there is hardly anything that speaks to a tunnel effect. Mr. Cook stated it appears that the ZTA makes granting a variance on all Seal Way properties almost automatic, and read in part, Section 28-287 of the Municipal Code defining a variance. Mr. Cook reported he recommended to the Commission that pending further study, the variance procedure be employed for any applicant looking at ZTA-I-85 as basis for development. Additionally, Mr. Cook stated he was reminded that Seal Way lots are not the same depth as most lots in the Old Town area (standard 25 x 117-1/2) but are 100 or 90 feet I in depth, therefore a width of 48-1/2 or 43-1/2 respectively would then be required for any development other than a single family dwelling. Then, with the realization that approval of ZTA would allow a type of development that was never intended, Mr. Cook stated he requested the Planning Commission to reconsider their previous action, explaining that the original purpose of permitting thirty-five foot heights on the rear one-half of a parcel of 37-1/2 feet 3-25-85 I or larger was to compensate developers for lost ground space as a consequence of the odd parking configuration on those lots. Mr. Cook read a statement submitted by himself, Mike Knapp and Merva Lanning, former Planning Commissioners, setting forth the intent of allowing the thirty-five foot height, never intended to be an option applied to single family lots. He stated that, to his knowledge, only four permits to construct livable space to the thirty-five foot limit on 37-1/2 foot or larger lots have been requested, none of which have been for a single family dwelling, pointing out that under ZTA-1-85 the only qualifier for the thirty-five foot height would be that a parcel be 37-1/2 feet wide, with no consideration given to length or configuration of a lot. Mr. Cook made reference to a number of lots in the downtown area termed "reverse corner lots" that would qualify for thirty-five feet in height. In response to Council, the Director of Development Services explained that the thirty-five foot height pertains to all properties in the R-2 and R-3 zones with 37-1/2 or greater width, that the Code presently allows such height to the rear of a site in those zones, and that ZTA-I-85 deals only with placement of the third story somewhere other than the rear one-half on Seal Way lots, also that in all cases in which there has been a third story constructed on the rear of a lot it has been for two or greater number of units. with regard to Seal way properties with a third story, Mr. Baucke reported it is believed there is one property that is not a multi-unit, also that no requests to construct a third story on a single family lot have been applied for since the 1974 zoning amendment. Mr. Cook requested that the Council refer this matter back to the Planning Commission for indepth study, that the council also consider a moratorium prohibiting the granting of a permit for thirty-five foot height of residential structures on parcels that do not qualify for two or more units, the moratorium to be in effect until such time as the Code is amended to contain language that would clearly define the intent of allowing thirty-five foot height, eliminate the potential of granting special privilege, and clearly spell out desire, intent and direction. In response to Council, Mr. Baucke explained that the City is divided into Planning Districts, that the Hill, College Park East and West are limited to twenty-five feet in height, that Surfside is allowed thirty-five feet, and that the only R-l zone in Old Town is the Gold Coast which has a rule that allows two stories as measured from the curb line on Ocean Avenue, noting that those properties have taken advantage of the topography in that area to allow a third story. Mr. Jay Covington, 4260 Dogwood Avenue, resident and member of the Planning Commission, referred to the two to two vote of the Planning Commission to reconsider ZTA-1-85 as requested by Mr. Cook, stating that had he been in attendance at that meeting he would have voted in favor of the ZTA and against the request to reconsider. He stated there is ample evidence in the City for special areas receiving special consideration which are often properties that are contiguous to some other use, fence heights as an example when property backs to a major thoroughfare. with regard to a statement regarding increased density, Mr. Covington stated that if property zoned R-3 were developed R-3, he would favor a single family residence of 3600 square feet rather than three individual units of 1200 square feet each. Mr. Covington stated he felt the issue of ratio of square footage and height to square footage of the lot is important, however is not relevant to the ZTA which recognizes the uniqueness of I I 3-25-85 , forty to fifty lots with special circumstances. Mr. Covington recommended that the Council approve ZTA-I-85, and in addition, urged that the Council direct the staff to have the Planning Commission conduct public hearings concerning various formulas and schedules for calculating what is an acceptable method to regulate the height and square footage of structures that are built on lots of all sizes in Old Town, stating his feeling that there are two distinct issues and they I should be addressed separately. M~. Todd perrin, 316 - 15th Street, member of the Planning Commission, urged that the City Council return the ZTA back to the Commission, stating his feeling that the setbacks, etc. mentioned do pertain to this amendment, that the entire matter should be considered as one issue. He stated he felt the Commission acted too quickly on this matter, suggested that additional staff reports would be in order with additional hearings, then forwarded to Council as one packet. Mr. Perrin stated he did not see Seal Way as being so unique that the same ZTA could not be applied to the whole city, and again requested that it be referred back to the planning Commission. Mr. Jim Gilkerson, 1011 Electric Avenue, stated he felt the area of Seal Way is definitely unique to the City, and spoke in favor of the ZTA. He said he felt that if the intent was to limit thirty-five foot heights to dwellings of two or greater units, the intent should have been defined in zoning change, also that in his opinion, restricting the thirty-five foot height to the rear of buildings on Seal Way does create the canyon effect referred to. Mr. Kredel1 responded that pursuant to the Code only two parking spaces a~e required for a single family lot, that the front or rear of Seal Way properties had not been defined until a recent interpretation was made, explaining that I mail delivery and entrance to those properties are from the alley side. He offered that it would not be a monetary advantage to construct a single family dwelling in lieu of a duplex, however it would enhance the area asthetica11y. He stated that placing the third story to the ocean side would be more acceptable to residents across Seal Way Alley, increase sunlight and decrease the shadow to the rear properties. Mr. Kredell stated that Seal Way property is unique and that the ZTA has no effect on properties elsewhere in the City. At the request of Council, Mr. Krede11 described the proposed design of his structure, the lower level to consist of three parking spaces, a large room for recreation, wet bar, bedroom, and another small room; major kitchen, large front room, two to three bedrooms, two to three baths on the second level; and on the third level, a large front master bedroom and master bath. Mr. Kredell stated his lot size is thirty-eight feet by one hundred feet, pointed out that there is a zero setback to the front of the property, that he does not plan to build to the sidewalk, however may include a balcony on each deck, and explained that three parking spaces would be provided but with the setbacks there is ability to accommodate six cars. Mr. Kredell also directed comments to downzoning, the dimensions of most Seal Way lots, and the cost of same. Mr. Robert Cook again addressed the I Council stating he did not understand what the subject of downzoning had to do with this issue, and reiterated the intent for allowing the thirty-five foot height, explaining that a property was to have to qualify with at least the 37-1/2 width to build two or more units on the rear one-half of a property, that it was not the intent to apply to single family dwellings or for single family lots. There were no other communications; Mayor Brownell declared the public hearing closed. 3-25-85 AGENDA AMENDED Risner moved, second by Grgas, to amend the agenda to consider Item "H" out of order at this time. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3462 - HONORING SANDY FIORENZA - MISS SEAL BEACH Resolution Number 3462 was presented to Council and read in full by Mayor Brownell entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, HONORING SANDY FIORENZA, "MISS SEAL BEACH." Grgas moved, second by Risner, to adopt Resolution Number 3462 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Mayor Brownell presented the Resolution to Sandy Fiorenza, former Miss Seal Beach, expressing appreciation on behalf of the City. Miss Fiorenza introduced Miss Jody Smith, 1985-86 "Miss Seal Beach." Mayor Brownell declared a recess at 8:19 p.m. The Council reconvened at 8:29 p.m. with Mayor Brownell calling the meeting to order. CONTINUED DISCUSSION - ZONING TEXT AMENDMENT 1-85 Councilman Grgas requested an explanation of the string line concept. I CONSIDERATION OF ITEM "I" Wilson moved, second by Clift, to consider Item "I" as the next item of business. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ZTA-1-85 The Director of Development Services illustrated the string line concept, explaining it to be a provision adopted by the Coastal Commission in dealing with coastal properties, primarily to regulate the competing nature of individual property owners to maximize their view at the expense of a neighboring property. He explained that the string line concept would be a line between any property within one hundred feet of a subject property, requiring that the subject property not exceed displacement or form so as to obstruct or intrude into the view of another property. Mr. Baucke clarified that an existing property with a third story to the rear would not be allowed, under ZTA-1-85, to increase the third story to the front of the property based upon square footage regulations, also that seven to eight Seal Way properties have full third stories, all of which were constructed prior to 1974. He explained that the width of a Seal Way property is measured on the street side, or Seal way, which is used as a board walk, a dedicated public right-of-way. As to whether or not the Coastal Commission would institute the string line provision if it is not implemented by the City, the Director responded that it is uncertain, that it would most likely depend on whether or not they would consider it to be an issue or if it were brought up during a hearing process. Discussion continued regarding inequity of development for properties slightly less than the 37-1/2 feet, establishment of a floor/area ratio to determine allowable 3-25-85 square footage of development, third story privilege to properties located in other areas of the City with unique circumstances, reevaluation of the 37-1/2 foot provision, considerations for irregular shaped lots, and deletion of the proposed string line provision. Grgas moved, second by Clift, to approve the Negative Declaration for ZTA-1-85. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I Grgas moved, second by Risner, to approve the proposed ZTA-1-85, deleting the string line provision. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Councilman Grgas moved that the Planning staff and Commission review and study an appropriate lot size to accommodate a third story (35 feet in height) in the R-2 and R-3 zone, and that First Street and Seal Beach Boulevard properties be given consideration for placement of thirty-five foot structures located to the front of the property. Councilman Clift asked that the uniqueness of other properties in the City as it relates to height and set backs in all residential zones also be considered, including Ocean Avenue, Pacific Coast Highway and Lampson Avenue, and seconded the motion. Mr. Grgas suggested that when the study is completed, the Commission and Council meet in joint session to discuss this issue. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3465 - DECLARATION OF INTENT - BUSINESS IMPROVEMENT AREA Resolution Number 3465 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING ITS INTENTION TO ESTABLISH A BUSINESS IMPROVEMENT AREA PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE SECTIONS 36500, ET SEQ." By unanimous consent, full reading of Resolution Number 3465 was waived. The City Manager presented the staff report, and referred to a survey setting forth the purpose, basis for assessment, and exempt businesses of thirty-two cities known to have a BIA. He reported that based upon discussions with proponents and opponents of the proposed BIA, the following changes are recommended to the BIA proposal: 1) $16,000, or 28', reduction in the proposed budget, from $58,000 to $42,000; 2) reduction of the total assessment by $10,200, or 22', from $47,000 to $36,800; 3) eliminate Zone 3, forty-four businesses, from the BIA; and 4) reduction of the non-retail assessment from $120 to $100 in Zone 1 and from $100 to $80 in Zone 2. Mr. Parker explained that Zone 3 is proposed to be eliminated due to the fact that some businesses of that Zone did not foresee the promotional benefits of the district. In addition, Mr. Parker stated the City Attorney I had prepared a Section 8 to the Resolution setting forth the procedure for protest, and asked that should the Council choose to set a public hearing, that the date be no earlier than April 22nd. Counci1member Risner requested that a letter be included in the BIA proposal packet that is legally required to be forwarded to each affected business, signed by the City Manager, reviewed by the City Attorney and Mayor, explaining why the Council is considering this request 3-25-85 I of the business community, the benefits to be derived, as well as the protest procedure. The City Attorney clarified that the protest period would commence the following day, subsequent to the adoption of the Resolution, that a protest is to be in written form, could be filed up to the close of the hearing, and acknowledged that it will be necessary for staff to determine the number of protests received. In response to Council, the City Manager explained that should the Council choose to approve the BID, an ordinance would be adopted which would set forth the organizational structure of the district, including a board of directors elected by all of those businesses assessed who would make the determination as to expenditure of funds. Mr. Parker also explained that the proposed budget for the BID is based upon estimates of gross receipts and serves as a guide to expenditure of those funds, clarifying that there is no direct allocation to the July 4th fireworks, that it is only a proposed activity, funded through donations. After discussion, the Mayor deemed it was the consensus of the Council to allow public input on the point of setting the public hearing at this time. Mr. Glen Dulac, stated he represents the Seal Beach Insurance Agency plus a majority of business owners from all parts of Seal Beach, that he would support passage of the resolution of intent, and further, that he would ask his Councilman to amend the Resolution to place Zone 3 back in the District. He reported twenty-eight of forty-four business licenses in Zone 3 were surveyed, with only one favoring the BIA, urged that the whole of the business community be included in this proposal, questioned the process of determining the assessment and asked what constitutes a majority protest. The City Manager acknowledged that the assessment would be based on licensed businesses, and the City Attorney clarified that the protest would not be based upon the number of businesses but on the percent of the assessment paid. Mr. Parker stated that when the original proposal was prepared, the category of each business was arrived at through a guesstimation of business receipts, and offered to provide Mr. Dulac with that information. Mr. Dulac suggested that a simple head-count procedure be used to determine the percentage of protest rather than on the value of assessment. The City Attorney responded that under State law there is a procedure for determining the protest, that a protest must be based on the assessment of those protesting rather than the number of businesses. Mr. Dulac again objected to the guesstimation of receipts, suggested a flat fee assessment, and asked, if the BIA is passed, if the ordinance would reflect that the assessment is on a guesstimation of receipts. The City Manager stated there would be no problem with placing such a statement in the ordinance, explaining that the City does not now levy a gross receipts business license tax, with the exception of Rockwell, therefore does not have the means to audit businesses on a gross receipts basis. Cherie Skebie, business address of 408 Marina Drive, inquired if Zone 3 is eliminated for the first year, if it would be added next year. The City Manager responded that the only way that Zone 3 could be added would be to again go through the entire legal process. Clift moved, second by Wilson, to adopt Resolution Number 3465 as amended to include Section 8 and setting the public hearing for April 22nd. It was the consensus of the Council to not include Zone 3 in the BIA. I I AYES: NOES: Brownell, Clift, Grgas, Risner, wilson None Motion carried 3-25-85 It was the order of the Chair, with consent of the Council, to recess at 9:40 p.m. The Council reconvened at 9:50 p.m. with Mayor Brownell calling the meeting to order. ORDINANCE NUMBER 1179 - REGULATING MASSAGE ESTABLISHMENTS and MASSAGE TECHNICIANS Ordinance Number 1179 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REGULATING MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS AND AMENDING THE SEAL BEACH CITY CODE." By unanimous consent, full reading of Ordinance Number,1179 was waived. The City Manager reported that the one thousand hour education requirement remains in the Ordinance as recommended by the Police Chief, that the permit fees are incorporated into the Ordinance, $500 for the initial permit and $100 for annual renewal thereof. Mr. Roland Clark, 1742 Park Street, Huntington Beach, voiced his objection to the one thousand hour education requirement, suggesting five hundred, an adopted American Massage and Technician Association standard, and urged that the City implement a testing procedure. Dr. Mike Levi, massage therapist in Seal Beach, also spoke in support of a testing procedure, suggesting that a local board could be established through which applications could be reviewed. Risner moved, second by Clift, to approve the introduction of Ordinance Number 1179 and that it be passed to second reading. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ORDINANCE NUMBER 1177 - MASSAGE PARLORS and MASSAGISTS - REPEALING CERTAIN LICENSE FEES I Ordinance Number 1177 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REPEALING SECTION 11-70 OF CHAPTER 11, ARTICLE II OF THE CODE OF THE CITY OF SEAL BEACH, PERTAINING TO CERTAIN LICENSE FEES FOR MASSAGE PARLORS AND MASSAGISTS." By unanimous consent, full reading of Ordinance Number 1177 was waived. The City Manager reported the proposed Ordinance repealS the business license fee for massage parlors and massagists, that the permit fee for same is incorporated into Ordinance Number 1179. Risner moved, second by Clift, to approve the introduction of Ordinance Number 1177 and that it be passed to second reading. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried REPORT - SZCZERBAN APPEAL The Director of Development Services presented the report from the Planning Commission relating to the Appeal of John and Mary Szczerban, 1105 and 1107 Seal Way. Risner moved, second by Wilson, to receive and file the report. In response to Council, Mr. Baucke summarized that the Planning Commission had expressed the need for a Code Enforcement Officer to perform periodic inspections and other zoning enforcement tasks. Council stated such a program could be discussed during budget sessions. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3466 - PERMIT TO DRILL - HELLMAN WELL 63 and 64 Reso1ut10n Number 3466 was presented to Council entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL GRANTING A I 3-25-85 COUNCIL PERMIT TO DRILL, AND DIRECTING THE CITY MANAGER TO ISSUE A DRILLING PERMIT FOR HELLMAN OIL WELLS 163 AND 164." By unanimous consent, full reading of Resolution Number 3466 was waived. Risner moved, second by Clift, to approve the Negative Declaration. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Risner moved, second by Wilson, to adopt Resolution Number 3466 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried CONSENT CALENDAR ITEMS "K" THROUGH "P" The City Manager requested Item "N" removed from the Consent Calendar, and Counci1member Risner requested Item "0" removed. Grgas moved, second by Clift, to approve the recommended action for items on the Consent Calendar, except Items "N and 0", as presented. I K. Approved the minutes of the regular City Council meeting of March 11, 1985. L. Approved regular demands numbered 55674 through 55863 in the amount of $600,078.47, and payroll demands numbered 12574 through 12731 in the amount of $132,757.73 as approved by the Finance Committee and authorized that warrants be drawn on the Treasury for the same. M. Denied the claim for damages of Christine Lee ROY. P. Approved the plans and specifications for slurry seal of College Park West streets and the parking lot between police building and City Yard, project Number 554, and authorized the City Manager to advertise for bids. AYES: Brownell, Clift, Grgas, Risner, Wilson NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "N" - NEGOTIATING AGREEMENT - FEINBERG GROUP, INC. Grgas moved, second by Clift, to hold this ltem over until next meeting as requested by the City Manager. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ITEM "0" - PARKING AGREEMENTS Counci1member Risner stated the City Manager had clarified the precedent for the $100 per parking space fee, and suggested that a special fund be established to hold such fees. Risner moved, second by Clift, to authorize the City Manager to execute the appropriate parking agreements, and that a special fund be established for revenues derived from parking space leases to be reserved for future parking needs. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried 3-25-85 COMMUNICATION - AMERICAN LUNG ASSOCIATION A communlcation from the American Lung Assocation suggested the issue of a smoking ordinance be considered by the Council. Risner moved, second by wilson, that a smoking policy be established for Council Chambers (smoking on the left, no smoking on the right). AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried APPOINTMENT - SOUTHERN CALIFORNIA WATER COMMITTEE Risner moved, second by Wilson, to appoint Councilman Clift as the City's representative to the Southern California Water Committee. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORAL COMMUNICATIONS Mayor Brownell declared oral communications open. Councilman Grgas referred to the recently constructed safety barrier on Pacific Coast Highway, and requested that the Council pay special recognition to a resident who placed a letter in the newspaper bringing attention to the dangers of that section of highway. Mr. Grgas moved that a letter be sent to Mr. Buster DUBrock, Orange County Fireman, expressing appreciation for his efforts towards resolution of this danger, and that copies also be sent to the local papers. Counci1member Risner seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Counci1member Risner referred to "Toxic Roundup Day", April 20th, a pilot program sponsored by the Solid Waste Management District, County Sanitation Districts, and the Orange Coast League of Women voters, and asked that notice of this program be sent to residents with the water billing. The City Manager suggested that the public be notified through a news release since water billing does not include Leisure World residents. With regard to cleaning of the State Lands site, the City Manager reported that the City Attorney has ruled that the City can not place a lien on the property, that the Health Department has been contacted to inspect the site, and that legal action may be forthcoming under State Health Laws. Counci1member Wilson referred to communications from the Rossmoor Business Center regarding signing at the Center, which has been referred to the City Manager and Director of Development Services. The City Manager explained that the Rossmoor signs may become a legal issue since staff approvals were given in several instances that may not have been proper, therefore the matter may require Planning Commission consideration, also that the City Attorney is reviewing the pre-annexation agreement for legal clarification. Reva RObinson, 113 - 7th Street, submitted a petition containing 158 signatures, requesting the City to contact the Long Beach Transportation Company and request extended hours of bus service to Seal Beach, expressing particular emphasis on the needs of the senior citizen resident, and the two hundred military families that will soon be residing in the City. Risner moved, second by Clift, to refer the request to the City Manager for investigation and report back to the Council. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I 1 I 3-25-85 I Commander Kalil, Executive Officer of the Long Beach Naval station spoke in support of the extended bus service, to include Seal Beach Boulevard, stating his intent to provide the bus company with a schedule setting forth the needs of the military personnel and their families. Mr. Brent Matthews, 218 - 8th street, referred to a letter dated March 13th from the staff to the Coastal Commission regarding parking and requested clarification as to the solution of the parking deficiency on Main Street. The City Manager responded that the City's consultant estimated that 130 additional spaces could be realized through common parking areas, removal of illegal structures, restriping of the parking lot, others ultimately through a change of use, etc., that 30 of the referenced spaces have been realized, and explained that a parking plan will be forthcoming in the future. Mr. Parker clarified that the 130 spaces are over and above existing spaces. There were no other oral communications; Mayor Brownell declared oral communications closed. I CLOSED SESSION The City Attorney reported the Closed Session was being held pursuant to the authority of Government Code section 54956.9(a) to confer with or receive advice from legal counsel regarding pending litigation as defined in said Section, also to confer regarding negotiations for the lease or purchase of the Zoeter School site, and discussion of a personnel matter. It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 10:50 p.m. The Council reconvened at 11:30 p.m. with the City Attorney reporting that the Council had discussed the items previously reported. ADJOURNMENT Risner moved, second by Wilson, to adjourn the meeting at 11: 32 p.m. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried (.~'I 1); ( a ~~A~~~ ~ / Cit~'caerk and ex-officYo clerk Sea~each City Council of the Approved: 9~~'{~" .. Mayor .. ~ ~ - Attest: I