HomeMy WebLinkAboutCC Min 1985-05-28
5-20-85/5-28-85
regarding pending litigation, California Coastal Commission
vs. Surfside Colony, Ltd. and City of Seal Beach, and Frisbee
vs. City of Seal Beach. The Council adjourned to Closed
Session at 10:10 p.m. and reconvened at 10:40 p.m. with
Mayor Brownell calling the meeting to order. The City
Attorney reported the Council had discussed matters
previously reported and one personnel matter on which no
action was taken.
ADJOURNMENT
Risner moved, second by Clift, to adjourn the meeting at
10:41 p.m.
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AYES:
NOES:
Brownell, Clift, Grgas, Risner, wilson
None Motion carried
Appr~ed'~ M-<G
Mayo
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Attest:
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Seal Beach, California
May 28, 1985
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
Absent:
None
Also present: Mr. Parker, City Manager
Mr. Stepanicich, City Attorney
Mr. Joseph, Assistant City Manager
Mr. Baucke, Director of Development Services I
Mr. Hemphill, Director of Public Works/
City Engineer
Mr. Osteen, Recreation Director
Mrs. Yeo, City Clerk
Mayor Brownell presented a plaque to Mrs. Risner recognizing
her services to the community as Chairman of the Redevelopment
Agency for 1984/85.
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WAIVER OF FULL READING
Clift 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
COUNCIL REORGANIZATION
Selection of Mayor
Mayor Brownell declared nominations open for Mayor. Mayor
Brownell nominated Mrs. Risner as Mayor of the City for
1985/86, and so moved. Councilman Clift seconded the motion.
There being no other nominations, Mayor Brownell declared
nominations closed.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
Mrs. Risner stated it would be an honor to serve in the
capacity of Mayor and accepted the gavel from Mr. Brownell.
Mayor Risner and members of the Council conveyed their
appreciation to Councilman Brownell for his service to
the City as Mayor for 1984/85, and presented him with a
plaque of appreciation.
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Selection of Mayor pro Tempore
Mayor Risner declared nominations open for Mayor Pro Tempore.
Councilmember Wilson nominated Mr. Clift as Mayor Pro Tempore
of the City for 1985/86, and so moved. Councilman Clift
seconded the motion. There being no other nominations,
Mayor Risner declared nominations closed.
AYES:
NOES:
ABSTAIN:
Brownell, Risner, Wilson
None
Clift
Motion carried
AGENDA AMENDED
Brownell moved, second by Wilson, to consider agenda Item
"C", Bixby Old Ranch Business Park Precise plans, and agenda
Item "X", a report regarding the Business Improvement Area,
out of order as the first items of business.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
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BIXBY OLD RANCH BUSINESS PARK - PRECISE PLANS and ASSOCIATED
MATERIALS
Mayor Risner declared the public hearing open to consider
the Bixby Old Ranch Business Park Specific Plans. The
City Clerk certified that notice of public hearing had
been published and mailed as required by law, and reported
no communications had been received either for or against
the item. The Director of Development Services presented
the staff report regarding the submittal of Precise plans
and associated materials for the Bixby Old Ranch Business
park, as required by the Specific Plan. He reported that
the review before the Council is for the specific areas
of architecture, the building structures, parking circulation,
landscape areas, height and location of buildings, and
materials and textures of the elevations, stating that
the Bixby Ranch Company is requesting approval of the
submittals. Mr. Baucke reported that the office buildings
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are located in the same area as submitted on the conceptual
plans, have been reduced to sixty feet in height, and that
the three four-story office buildings are connected by
a glass atrium, and further, reviewed the materials proposed
for the office building elevations, the hardscape and parking
areas, parking, circulation and landscaped areas, noting
particularly the landscaped area at the north boundary
of the project to be a wind row of trees ten feet on center I
with a height of fifteen to eighteen feet at the time of
planting. Mr. Baucke reported the staff has reviewed the
submittals of the Bixby Ranch Company and noted the following:
I) that all street and parking lot circulation precise
alignments have been reviewed and approved by the City
Engineer as represented in the Precise Site Plan; 2) that
all precise Plan submittals are in accordance with the
regulations and procedures of the Specific plan and the
conditions of the EIR Resolution; 3) that a convenient
bus stop location has been incorporated in the Precise
Site plan and approved by the City Engineer; 4) that the
two types of Solarban gray glass has been reviewed and
field surveyed and found to be non-mirrored in nature;
5) that a traffic safety study has been done by ultra Systems
showing that conditions exist which make the relocation
of the dinner house unsafe and not practically feasible;
6) that the office buildings have been reduced in height
to sixty feet as required by the Specific Plan; and 7)
that the precise plans and associated materials have been
found to meet all requirements of the Specific plan, therefore
staff would recommend approval of the Precise Plan submittals
before the City Council.
Mayor Risner invited members of the audience wishing to I
speak in favor of the Precise Plans to come to the microphone
and state their name and address for the record. Mr. Ron
Bradshaw, 911 Studebaker Road, Long Beach, addressed the
council on behalf of the Bixby Ranch Company, owner of
the property for which the plans were submitted, stating
that as in the past, they have worked closely with city
staff, responding to their concerns and those of the Council,
in an effort to reach agreement that would be satisfactory
to both parties. Mr. Bradshaw stated that subsequent to
the election, the Bixby Company and their consultants studied
the Plan further, and that the plan before the Council
represents changes required by the Ordinance and those
that were suggested, including materials. He stated that
due to site circulation they have elected to leave the
buildings in their original location, that the building
materials have been changed, explaining that the buildings
now include features that were not required, such as the
energy management system, reducing the requirements of
electricity and power consumption, computer controlled
security and elevators. Mr. Bradshaw pointed out that
attention to detail has been demonstrated and is based
upon Bixby's commitment to bring to Seal Beach a development
that the citizens, the government and developer can look
upon with pride. Mr. Robert Braunschweiger of Albert C.
Martin and Company, architects for the project, reported I
that the material proposed for the wall of the building
has been changed from lucribond, a painted aluminum panel,
to granite panels both in polished and plain finish to
soften the texture, that the facade of the buildings are
articulated separately depending upon their exposure, from
a columnar framework to a flush rendition consisting of
non-mirrored rose and gray glass and granite, and that
the three four-story buildings will be connected with a
glass interior lobby atrium, bringing the extensive exterior
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landscaping into the building. Mr. Braunschweiger stated
that to lower the building height the mechanical system
and elevators were changed, the penthouse eliminated, that
the buildings are energy efficient, and stating every effort
has been made to make this a first class project. Mr.
Braunschweiger explained that the glass areas on the freeway
side and the atriums step down for a greenhouse effect,
that the other windows are flush with the side of the building.
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Mayor Risner invited members of the audience wishing to
speak in opposition to the Precise Plans to come to the
microphone and state their name and address for the record.
Mr. John FOllis, College Park East resident, stated the
Concerned Citizens of Seal Beach wanted to go on record
as opposed to any buildings in Seal Beach over the thirty-
five foot height limit. Mr. Frank Laszlo, 4480 Candleberry,
asked why the Planning Commission was not reviewing the
Precise Plans, and if it would be legal for them to do
so. The City Attorney responded that under the Specific
plan approved by the Council and by the voters, the Precise
plan was to be reviewed only by the City Council, and that
the Council review was limited to the height and architectural
features of the building, and for that reason it does not
go back to the Planning Commission, confirming that the
Specific plan Ordinance, which set forth procedures for
review, was provided with the voting materials to the
electorate. He stated further that in accordance with
the Ordinance, the Planning Commission would not have the
lawful authority to review the Precise plan, unless the
Council chose to initiate proceedings to amend the Specific
plan to allow for Planning Commission review. with regard
to landscaped areas, streets, parking area, and traffic
safety, the Director of Development Services reported they
are a consideration only as they relate to the Precise
Site plan, noting that such considerations are dictated
by the building locations. Mr. Laszlo voiced dissatisfaction
with the traffic safety reports prepared by Ultra Systems,
expressed concern with potential problems arising from
the bus stop location, stating his opinion that the Council
does not have the expertise or time to review this project
in the manner the Planning Commission would. The Mayor
asked the Council's views as to amending the Specific Plan
to provide for further Planning Commission review. Clift
moved, second by Grgas, to support further Planning Commission
review.
AYES:
NOES:
Clift, Grgas
Brownell, Risner, Wilson
Motion failed
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Georgiana Brown, 212 - 14th Street, stated she was
representing the League of Women Voters in Seal Beach,
and wished to confirm that the League did support limitation
of buildings in Seal Beach at the thirty-five foot height
limit. Mr. Jay Covington, 4260 Dogwood Avenue, stated
he wished to cite reasons why the City Council should deny
the precise plan, that the safety and lives of Seal Beach
residents not be placed in jeopardy due to the deviation
of aircraft in trouble, with aircraft accidents certain
to occur, such as that in February, that the Precise plan
should not be approved since actions taken by the Council,
in his opinion, have been and will be clear violation of
State and local laws. Mr. Covington requested, and was
duly sworn by the Clerk. Mr. Covington again referred
to the February aircraft accident, a flight that originated
in Fullerton, stating his opinion that had it occurred
earlier it would have changed the outcome of the election,
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also that there is now a certainty that there will be crashes
in Seal Beach due to the proximity to the Los Alamitos
Air Station, and to air corridors of airports in other
cities, that with the three sixty foot buildings proposed
aircraft will not be able to follow their normal course
therefore will impact residential areas. With regard to
the liability issue, and based upon facts he would present
to the Council, Mr. Covington stated it is clear that when
the Council approves a plan that they know is invalid,
that clearly places a liability upon themselves and the
residents. Mr. Covington stated that no act by the City
can legalize an ordinance that is already invalid, as was
the case with Ordinance 1170 approved by the voters in
January. He referred to CEQA procedures for valuation
and adoption of an EIR, and inquired of the City Attorney
who is the lead agency and responsible agency with regard
to an EIR. The City Attorney responded that with respect
to a legislative action, the lead agency would be the body
that makes the final decision on the project, the City
Council, and interpreting Mr. Covington's question, explained
that a responsible agency would not be the Planning Commission
since they were a recommending body within the City, citing
as an example, if a project required a State or Federal
agency approval, they would then be considered a responsible
agency. Mr. Covington asked if the Environmental Quality
Control Board had any valid legal purpose in the City,
and under requirements of State law states that whenever
substantial changes are made to an EIR that had previously
been recommended to the lead agency, that the document
is to be referred back for additional report and findings.
The City Attorney responded that the EQCB function would
only be to review the environmental documents and make
recommendations, explaining that none of the City commissions
or departments would be considered a responsible agency
under CEQA, that other agencies could be considered a
responsible agency under the appropriate project, however
in this case there were no other responsible agencies that
had approval power over the project. He explained further
that CEQA defines what is being reviewed as being the project
and in this case there was an EIR for the project, that
being the Specific plan, and the Council being the final
decision maker is therefore the lead agency, for that reason
there were no otHer lead agencies involved in the project,
nor were the planning Commission or EQCB a responsible
agency for the project. Mr. Stepanicich pointed out that
there is no approval or disapproval of an EIR, that State
law states that the final decision making body, before
making a final decision, must certify the EIR to be final
and prepared in accordance with the California Environmental
Quality Act. He stated that once that action is taken,
the lead agency is then in a position to make its decision
with findings, and in this case, there was a separate
resolution in which environmental findings were made with
respect to each of the potentially significant environmental
effects that were identified in the EIR. Mr. Covington
referred to Sections of the Government Code, which he reported
states that in any city having a Planning Commission, the
Planning Commission shall be the lead agency in consideration,
evaluation and adoption of a Specific Plan, that a proposed
developer has no vested rights, also that a City Council
can only act upon the recommendations for the plan to the
City Council, and should a Specific plan be denied there
is no basis for appeal because the only party having appeal
rights would be the property owner. He reiterated that
a Specific Plan is to originate from the City, under State
Code, specifically from the Planning Commission, and if
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there are any significant changes to the Plan, under
Government Code Section 65504, they would be required to
go back to the Commission for additional hearing and report.
Additionally, Mr. Covington referred to Section 65507,
which states that when it is in the public interest, a
public body may initiate and adopt a Specific plan and
amendments thereto, stating however that in using this
provision it is necessary to make a finding that it was
in the public interest in order to bypass the regular
procedures, which the City did not do. Mr. Covington stated
it was his opinion, as well as many other attorneys in
the community, that there is no Specific plan and that
the City did not follow procedures as provided in State
law. Mr. Covington also charged that misinformation had
been given to the Council during the past year as to
procedures relating to appealS to the Council of planning
Commission denials, and urged that the Council seek an
additional legal opinion as to the validity of the Specific
plan prior to approving the Bixby precise Plan. Mayor
Risner advised Mr. Covington that it was not the City Attorney
that had misadvised the Council on appeal procedures, that
it had been standing practice in the City that was brought
to light, adding that the City Attorney has now been directed
to draft an ordinance deleting the requirement for referral
back to the Planning Commission. Mayor Risner requested
that the City Attorney again address the matter of taxpayer
liability should there be an air crash in any area of the
City. Mr. Stepanicich stated that, assuming a judgement
was entered against the City, there is no connection or
direct liability between that judgement and the individual
property owners, that the party that would be liable would
be the City, as a corporate body, for its action if a court
found that the City had acted wrongfully, which does not
translate into higher property taxes or taxes imposed by
a court to pay for the judgement. The Mayor asked if there
has even been a case where this has happened. Mr. Stepanicich
responded that in certain instances during the depression
the courts determined whether or not a city had enough
points to file bankruptcy proceedings, which is a drastic
action that a city could take if it could not pay its debts.
He again stated that if a judgement were placed against
the city, they could only advise that there would be no
liability to the individual property owners of the city,
that the city would have to pay the judgement through its
insurance or assets, or declare bankruptcy. The City Manager
pointed out that should bankruptcy ever occur, the City
would disincorporate, become a part of Orange County, with
all municipal services provided by the County, clarifying
that the City would be liable as would any other corporation,
and that the electorate would not be personally liable
for any debt incurred. Mr. Covington asked if the taxpayers
would not be liable for a debt incurred through the sale
of a bond issue to satisfy a judgement. The city Attorney
explained that under the California Constitution a City
can not issue bonds that would be secured by real property,
the tax rate frozen by proposition 13, and further, to
his knowledge there are no cases in California where a
city has been placed in this type of liability position.
with regard to the legality of the Ordinance, the City
Attorney responded that all of the issues raised were
addressed in a written memorandum to the Council, the
conclusion being that the Ordinance was validly adopted,
that opinion remaining unchanged. Mr. Tom Ritacco, resident
of Rossmoor and member of the Homeowners' Association,
posed several questions relating to the perimeter wall
adjacent to Rossmoor. Mr. Baucke responded that the wall
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will be constructed of masonry material, extending the
length of the property, connecting with and equal in height
to the CalTrans proposed wall along the Seventh Street
connector, that the developer has indicated the wall and
the wind row of trees will be the first phase of development.
Mr. Ritacco also inquired as to what type of restaurants
are planned. Mr. Bradshaw responded that although they I
have not as yet been seeking restaurant users, the concept
continues to be that one restaurant would be a family
restaurant serving the three major meals, similar to a
Coco's, the other being a moderately priced dinner house,
similar to a Velvet Turtle or Charlie Brown's, and not
conceived to be a major entertainment center. Mr. Ritacco
noted the concern of residents bordering the project as
to loss of privacy due to the building height, as well
as disturbance from entertainment. Mr. Grgas pointed out
that a provision of the Specific Plan Ordinance requires
that the use of alcoholic beverages and entertainment would
require City Council approval. Mr. Baucke added that a
provision of the Specific plan requires the architecture
and the tenancy of the restaurants to come before the City
Council for approval. Mr. John Follis inquired about a
previous reference to a "penthouse". Mr. Braunschweiger
clarified that the reference was not to a dwelling unit,
it was a term used to describe the enclosure of the mechanical
equipment and elevator override on the top of the building,
advising that this has now been adjusted so that there
will no longer be anything on the roof. Mitzi Morton,
153 - 13th Street, referred to the value of lawsuits pending
against the City, and expressed her concern with adding
any additional potential for liability. Barbara Rountree,
13300 Twin Hills Drive, stated her concern that the glass I
appeared to be black and mirrored. Bixby representatives
explained that the glass is solar gray, that on certain
elevations the windows are set back about two and one-half
feet, therefore they will not pick up as much light, however
on the other surfaces the windows will pick up certain
reflections of the sky and clouds. Mayor Risner declared
the public hearing closed.
Councilman Grgas expressed appreciation to Mr. Bradshaw
for the Bixby Company's contribution of the artwork (seal)
placed at the municipal pier. Mr. Grgas noted that although
the Specific plan was approved, the electorate of his District
did not approve it, therefore he would be voting against
the precise Plan approval. Councilmembers Brownell and
Wilson expressed their continued support of the project.
Councilman Clift expressed his feeling that procedurally
the project should have been referred back to the Planning
Commission last July, stating that although this is a fine
project, his concern lies with the location of the project,
and stated his intent to vote against the Precise Plan.
RESOLUTION NUMBER 3476 - SEAL BEACH BIXBY OLD RANCH BUSINESS
PARK - PRECISE PLANS and ASSOCIATED MATERIALS
Resolution Number 3476 was presented to Council entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING PRECISE PLANS AND ASSOCIATED MATERIALS, AND THEREBY
FINDING SUCH PLANS AND MATERIALS TO BE IN CONFORMANCE TO
THE REGULATIONS, CONDITIONS AND DEVELOPMENT STANDARDS OF
THE CITY OF SEAL BEACH BIXBY OLD RANCH BUSINESS PARK SPECIFIC
PLAN." By unanimous consent, full reading of Resolution
Number 3476 was waived. Brownell moved, second by Wilson,
to adopt Resolution Number 3476.
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AYES:
NOES:
Brownell, Risner, Wilson
Cli ft, Grg as
Motion carried
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The Mayor, with consent of the Council, declared a recess
at 8:38 p.m. The Council reconvened at 8:46 p.m. with
Mayor Risner calling the meeting to order.
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REPORT - BUSINESS IMPROVEMENT AREA
The City Manager presented the staff report and final
tabulation of the BIA protest, failing to qualify as a
majority protest by $111, and conveyed the staff's concerns
with the parameters used to determine the extent of the
protest. The City Manager reviewed in detail concerns
relating to the master list, adding and deleting businesses
during the protest process, the categorizing of businesses
and the related charges in the absence of a gross receipts
business license system. He pointed out that although
the proponents of the BIA believed that through the BIA
all business interests, Old Town - Main Street, Bay City
Center and the Seal Beach Center, would be brought together,
the final tabulation showed that only Zone 1, Main Street,
did not oppose the BIA by a majority. The City Manager
stated that pursuant to the results of the protest, he
could not recommend adoption of the BIA ordinance for both
Zones, and recommended that Zone 2 be deleted, that gross
receipts should not be the basis on which the retail
businesses be charged, rather a square footage basis at
ten to fifteen cents per square foot charge. The City
Manager suggested that once the floor space has been measured
and charges determined, the Council could then adopt a
master list on which a legal protest would be determined.
Mr. Parker concluded that he would recommend 1) that the
council legally abandon the current Business Improvement
Area process pursuant to the City Attorney's instructions;
2) that the staff be instructed to draw up a new BIA for
Zone I only utilizing square footage as the basis on which
retail businesses will be charged; and 3) that the staff
return with a new resolution of intent and appropriate
attachments which embody the previous recommendations.
Councilman Grgas recalled the thorough discussion of this
matter that has taken place, both sides of the issue
expressing their differences and making valid points regarding
the proposed program, also accusations made regarding various
aspects of the procedures in establishing the BIA and to
the program itself, expressing his feeling that those
accusations should now be set aside. He stated all
communities need and deserve a good business sector, which
means it not only provides quality business services but
serves the needs of the people. Councilman Grgas stated
businesses must be good citizens themselves, to themselves
and to the community, and that he believes that Seal Beach
merchants in general, Old Town merchants in partiCUlar,
have adhered to the aforementioned climate. Mr. Grgas
noted that on one side the proponents have expressed the
need for the benefits and by-products of a successful BIA,
and while volunteerism is well practiced here, a paid
professional would make their load lighter, and would provide
the benefit of enhancing business opportunities and community
benefits, therefore allowing the business people to concentrate
their efforts to what they do best. On the other hand,
there have been arguments that there is no benefit from
the BIA, that it is imposing upon philosophies and activities
of others. Councilman Grgas expressed his respect for
the opinions of persons on both sides, also his desire
that this community, his district, and the business community
be the best it can be. He stated that to the extent that
the business community is willing to pursue their objectives
with community benefit in mind, he would support them.
Councilman Grgas stated he wished to make it very clear
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that the City is not now nor will it consider putting a
redevelopment project area on Main Street, assuring that
no blight appears on Main Street. He pointed out that
the BIA protest evaluation clearly shows that those businesses
in Zone 2 are primarily opposed to the BIA, while those
in Zone I are primarily unopposed, by either business count
or dollar value. With those businesses situated in his I
District, Mr. Grgas stated he felt compelled to give the
business community assistance when requested as long as
there results some community benefit, such as increased
sales tax revenues, which then allows the City to be on
the right side of the inflation curve, citing as an example
a 1.1 percent increase in property tax last year, while
there was a 14.4 percent increase in sales tax revenue.
Councilman Grgas expressed his feeling that the Business
Improvement Area proposes to do a better job of promoting,
coordinating, and presenting community events and activities
that will benefit the business community, therefore he
would support staff's recommendation, that a new BIA be
drawn up for Zone I with the following conditions: 1)
that all business licenses in the City, District One
specifically, be fully updated as to their existance, current
status, type of classification and probability of continued
operation; 2) that the BIA zone map exclude any residential,
income and housing units, and that the ordinance contain
language making that clear; 3) that before the process
begins, the staff meet with representatives of the proponents
and opponents to try to resolve differences in an attempt
to prepare a work plan that would benefit the needs of
both sides; 4) that once these conditions are met, the
process and procedures be clearly set forth so that both
sides operate under the same rules; and 5) that the ordinance I
provide for the ability to disband the BIA upon the request
of a majority membership of the BIA, calculated by votes
cast per square foot assessment. He clarified that the
City Council would have the right to disband the BIA if
requested to do so by a majority of the membership. Mr.
Grgas added that it is his desire that Main Street be the
best it can be, businesses be successful, with a good mix
of commodities and services, which in turn will benefit
the entire community. Councilman Brownell concurred with
Mr. Grgas' remarks, spoke in support of deleting Zone 2
and commence the process once again. Councilmember Wilson
expressed her concern with time devoted to this matter
by City staff, suggesting that when the process is renewed
the staff determine the square footage and charge, and
the business community follow through from that point.
Mrs. Wilson also suggested the BIA be given a one or two
year trial that would indicate its success. Councilman
Clift concurred with the recommendations of the City Manager
and of Mr. Grgas, stating he believed in the principal
of the BIA. Mr. Clift reported he had visited the Whittier
business area, surveyed twelve different types of businesses
throughout their area, with all but one of those businesses
supporting their BIA and feeling they were benefitting
from it. Mr. Clift stated he would like to see the BIA
pursued, with the deletion of Zone 2. Mayor Risner also I
concurred with Mr. Grgas, further suggesting that some
businesses will need to be purged since they no longer
exist, that, if possible, the business license indicate
whether it is a retail or service business, and once the
list is complete, it be the list used for the BIA. Mrs.
Risner also suggested that discussions regarding a revised
BIA proposal consist of three persons each of the opposing
viewpoints. Mr. Neal Ward, owner of Johns Food King and
Old Town Wine and Spirits, and proponent of the BIA, reviewed
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the history of their BIA efforts, and urged the Council
and City staff to again pursue the BIA program and goals.
Mr. Robert Carruth, Newport Beach, legal counsel for Free
Enterprise, commended the Council for recognizing that
procedural rules must be established in advance, requested
a motion for formal abandonment of the BIA, and stated
that reducing the BIA area, a greater burden would be placed
on those businesses affected. Mr. Glen Dulac, business
owner at 814 Electric Avenue, stated their committee was
pleased with the recommendation to abandon the present
BIA, commented on the majority protest figure as published,
staff time spent on this proposal, a proposed sunset clause,
the membership of the Downtown Business Association and
the Task Force. Mr. Dulac stated he did not think anything
would bring a BIA together in any zone, spoke in support
of free enterprise, stating he did not support the BIA
concept nor is there any basis to propose another BIA this
year.
Brownell moved, second by wilson, to formally abandon the
current Business Improvement Area proceedings.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
Grgas moved, second by Clift, to approve the recommendations
as outlined by the City Manager and the City Council.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
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It was the order of the Chair, with consent of the Council,
to declare a recess at 9:23 p.m. The Council reconvened
at 9:29 p.m. with the Mayor calling the meeting to order.
AGENDA AMENDED
Wilson moved, second by Brownell, to consider agenda Items
"D" and "E" as the next items of business.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
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PUBLIC HEARING - TINY NAYLOR'S, INC. - APPEAL 1-85 and
3-85
Mayor Risner declared the public hearing open to consider
Appeal 1-85 of two Planning Commission conditions of approval
placed on Conditional use permit 21-84, and Appeal 3-85
of the planning Commission's denial without prejudice of
variance 4-85, filed by Tiny Naylor'S, Inc. The City Clerk
certified that notice of public hearing was published as
required by law and reported no communications received
either for or against this item. The Director of Development
Services presented the staff report, reviewed the background
of Appeal 1-85 dealing with two conditions of approval
placed on Conditional use Permit 21-84 relating to illegal
signage of the Center and the nonconforming nature of the
Center's landscaping. Mr. Baucke also reviewed Appeal
3-85 to the Planning Commission's denial without prejudice
of Variance Application 4-85, which was a request to permit
structural alterations to a nonconforming property without
providing the required signage and landscaping. Mr. Baucke
reported that at the May I, 1985 Commission meeting at
which this was considered, the landowner spoke and noted
his opposition to the request for landscaping in the frontage
of the property, therefore based upon that and other factors
the Commission denied that request without prejudice, which
5-28-85
is now being appealed to the City Council. He noted that
the request of the applicant is for basically what was
considered at the Commission level with some minor
modifications in the landscaped areas, noting further that
the Commission was supportive of the efforts of Tiny Naylor's,
however due to the opposition of the landowner they had
no option but to deny the request without prejudice. Mr.
Baucke confirmed that the landowner has now withdrawn his
opposition. The City Manager reported that the landowner
had two reasons for opposition, one being a tenant objection,
and through subsequent negotiations,those objections have
been resolved through a modified plan. He reported a second
condition placed by staff on the landowner to require a
landscape plan before other permits were processed, the
landowner responding that he would withdraw the various
applications should that condition be insisted upon. He
reported that during a subsequent conversation with the
landowner, it was agreed that the condition would be dropped,
and in turn the landowner would develop a landscape plan.
He noted that it is staff's feeling only Tiny Naylor's
would be penalized if the landowner refused to develop
the landscape plan. Mayor Risner 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. Don Pearson, 801 South Flower, Los Angeles, attorney
for Tiny Naylor'S spoke in favor of the Appeal, reported
the remodel plan is expected to cost approximately $500,000,
and will be in the interest of the City as well as Tiny
Naylor'S. Mr. Pearson introduced Valerie Montgomery,
Assistant to the President and Corporate Secretary of Tiny
Naylor'S, Jim Corondoni, area supervisor, and Russ Barto,
project architect. Mr. Pearson stated they are in full
accord with the staff report, adding that it is expected
the number of employees will increase from twenty-five
to seventy-five, sales will increase more than $500,000
annually, resulting in a finer restaurant and increased
sales tax revenue. He stated their belief that differences
with the landlord have been worked out with respect to
the landscaping, and confirmed their willingness to be
in full compliance with landscape and signage requirements,
adding that approximately $30,000 will be spent for
landscaping in other areas within the shopping center.
Mr. Russ Barto, '3 Malibu plaza, Palos Verdes Estates,
project architect, referred to the time spent resolving
the landscape issue with the landowner, and noted the change
of concept and name of the restaurant. He reported the
landscape proposal corresponds to the plot plan, concentrated
at the Tiny Naylor site, the frontage along Pacific Coast
Highway, between the two driveways, and around the sign.
Mr. Barto confirmed that the property owner has sanctioned
the landscaping proposal as modified to 500 square feet
less landscaping than previously proposed, explaining that
the concern of the property owner and tenants was with
loss of parking spaces. Councilmember wilson inquired
if some parking spaces could be converted to compact spaces.
The City Manager stated that the Center's lease arrangement
is unique in that parking spaces are specifically defined
in the their lease, that is why the tenant involvement.
Mr. Barto explained that the building materials will consist
mainly of used brick and tinted glass. Mr. Corondoni
confirmed that it will be a full service restaurant with
an upgraded menu, that they will close at 2:00 a.m., and
the name will be changed to "Monsoon Mikes." Lawrence
Peters, 112 - 4th Street, requested that landscape plantings
not obstruct the view of cars leaving the parking lot onto
Pacific Coast Highway, and suggested a red curb marking
for 400 to 500 feet on the Highway. There were no other
communications; Mayor Risner declared the public hearing
closed .
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5-28-85
I
In response to Councilman Grgas, Mr. Corondoni confirmed
that Tiny Naylor'S currently has a beer, wine, and alcohol
license, that the request was for approval in conjunction
with the physical modification. Councilman Clift stated
that with the assurance that the property owner no longer
has an objection to the Tiny Naylor application, his feeling
toward this matter then changed, explaining that he would
not want to see someone who refused to work with the City
profit from Tiny Naylor'S efforts while non-complying.
The City Manager stated for the record that it was his
feeling that the legal staff of Tiny Naylor's could have
challenged the City's interpretation of the legal non-
conforming status, however through their efforts and those
of Mr. Baucke to upgrade the Center, he extended his
appreciation for their cooperation. The City Attorney
reminded Council of the need to obtain a report back from
the Planning Commission, noting that there will be an
ordinance coming before the Council in the near future
changing this procedure. Mr. Baucke reported the statute
allows forty days for a report back from the Planning
Commission. The Council requested that it be forthcoming
at an earlier date if possible. Wilson moved, second by
Brownell, to approve Appeal 1-85.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
Wilson moved, second by Brownell, to approve Appeal 3-85
with the conditions as outlined by the staff.
I
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
Wilson
Appeal
within
moved, second by Clift, to refer Appeal 1-85 and
3-85 back to the Planning Commission for their report
forty days as required by the Code.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, wilson
None Motion carried
I
PUBLIC HEARING - ZONING TEXT AMENDMENT 2-85 - SATELLITE
DISH ANTENNAE - STANDARDS and REGULATIONS
Mayor Risner declared the public hearing open to consider
zoning Text Amendment 2-85 and Negative Declaration 3-85
relating to standards, criteria and regulations regarding
satellite dish antennae. The City Clerk certified that
notice of public hearing had been published as required
by law and reported no communications received either for
or against this item. The Director of Development Services
presented the staff report, reviewed the background leading
to the proposed Ordinance, and the recommendations of the
Planning Commission. In response to Council, Mr. Baucke
confirmed that the maximum antennae height is ten feet,
not to exceed the height limitation for a particular zone,
and that the placement is measured to allow for the standard
receiving angle. He explained that for each foot in excess
of the height of an adjacent fence, the antennae would
be required to be moved one foot further from the setbacks.
He reported that subsequent to testimony received by the
Commission, this matter was referred back to staff for
further consideration and a survey of other cities, at
which time some modifications were made to the Ordinance.
Mr. Baucke confirmed that the Ordinance does accomplish
the objective for asthetics while it does not prohibit
anyone from placing a satellite dish antennae. Mayor Risner
invited members of the audience wishing to speak to this
5-28-85
item to come to the microphone and state their name and
address for the record. Mr. John FOllis, College Park
East, asked if the antennae could be placed on a roof if
there is not adequate area in a yard. Mr. Baucke responded
that the antennae could be placed on a roof, with a maximum
height of ten feet, not to exceed the height limit for
the area, screened on all sides, requiring a building permit
and submittal of drawings of the screen, materials, height,
location, and when roof mounted, structural calculations.
There were no other communications; Mayor Risner declared
the public hearing closed.
ORDINANCE NUMBER 1186 - SATELLITE DISH ANTENNAE -
STANDARDS/CRITERIA/REGULATIONS
Ordinance Number 1186 was presented to Council for first
reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH
ADDING SECTION 28-2350 TO CHAPTER 28, ARTICLE 23, GENERAL
PROVISIONS, CONDITIONS AND EXCEPTIONS, YARDS, HEIGHT, AREA,
OPEN SPACE AND BULK OF THE SEAL BEACH MUNICIPAL CODE,
ESTABLISHING STANDARDS, CRITERIA AND REGULATIONS REGARDING
SATELLITE DISH ANTENNAE." By unanimous consent full reading
of Ordinance Number 1186 was waived. In response to Council,
Mr. Baucke stated the building permit is based upon valuation
of the structure, approximately $10 to $15. The City Attorney
recommended minor amendments to the Ordinance; 1) Section
D-l-A, Residential, to read "may" be installed; 2) section
D-l-B, to read "may" be installed at roof or ground level;
3) Section D-2, Office, Commercial..., "may be installed";
and 4) Section G-B, to read "in conformity with the Building
Code and this article." Clift moved, second by Brownell,
to approve the introduction of Ordinance Number 1186 as
amended, and that it be passed to second reading.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, wilson
None Motion carried
ORDINANCE NUMBER 1184 - ANIMAL CONTROL FEES
Ordinance Number 1184 was presented to Council for second
reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH
RELATING TO ANIMAL CONTROL FEES AND AMENDING THE SEAL BEACH
CITY CODE." By unanimous consent, full reading of Ordinance
Number 1184 was waived. Brownell moved, second by Wilson,
to adopt Ordinance Number 1184 as presented.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
ORDINANCE NUMBER 1185 - FLOOD HAZARDS
Ordinance Number 1185 was presented to Council for second
reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH,
CALIFORNIA, AMENDING CHAPTER 9B OF THE CODE OF THE CITY
OF SEAL BEACH, RELATING TO THE METHOD USED TO ANALYZE FLOOD
HAZARDS." By unanimous consent, full reading of Ordinance
Number 1185 was waived. Councilman Grgas asked if major
modifications or new construction in the SUbject area of
Electric Avenue and Seal Beach Boulevard would be required
to raise the floor elevation by two feet. The City Engineer
acknowledged there would be a requirement to conform.
Mr. Grgas also asked how this would effect the height
limitation of a building. The Director of Development
Services responded that no allowances have been made for
that deviation, noting that this problem arose in one instance
on Seal Way in which case the Planning Commission gave
a minor height deviation permit for some architectural
features, which was due to raising the floor level
approximately three feet. The City Manager suggested that
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5-28-85
I
Mr. Grgas' question be referred to staff. with regard
to flood insurance, the City Engineer reported that the
community is required to have a flood control ordinance
in order to be eligible to obtain flood insurance, which
is a benefit to the community. Grgas moved, second by
Brownell, to adopt Ordinance Number 1185 as presented,
and that staff be directed to look into the question of
building heights as noted by Mr. Grgas.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
I
PROPOSED RESOLUTION NUMBER 3479 - LOCAL CONDITIONS FOR
MODIFICATIONS TO CERTAIN CODES -
ORDINANCE NUMBER 1187 - ADOPTION OF BUILDING CODES -
ORDINANCE NUMBER 1188 - FIRE PROTECTION
The Director of Development Services presented the staff
report, explaining that cities are required to adopt the
most up-to-date uniform Building and Fire Codes that have
been adopted by the State Department of Housing. Mr. Baucke
pointed out that the proposed Resolution sets forth the
findings for those amendments to the Uniform Codes directly
related to this community, explaining that most of the
local amendments were previously adopted and exist within
the Code. The Director reported that one particular amendment
relates to the Surfside area, an exception made for the
requirement of secondary stairway access, allowing placement
of a Reinhart ladder for third stories as long as the building
is fire sprinklered and in accordance with approval of
the Orange county Fire Department. Mr. Baucke explained
that pursuant to State law, the proposed Ordinances require
first reading, subsequent legal publication, then considered
under public hearing. He recommended that adoption of
the Resolution be postponed until the public hearing.
Councilman Grgas requested that Surfs ide be notified of
the public hearing.
I
ORDINANCE NUMBER 1187
Ordinance Number 1187 was presented to Council for first
reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH, AMENDING CHAPTER 5 OF THE CODE OF THE
CITY OF SEAL BEACH RELATING TO BUILDING AND SAFETY AND
ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN
AMENDMENTS: THE UNIFORM BUILDING CODE, 1982 EDITION,
INCLUDING THE APPENDIX, THE UNIFORM MECHANICAL CODE, 1982
EDITION, THE UNIFORM PLUMBING CODE, 1982 EDITION, THE UNIFORM
SWIMMING POOL CODE, 1982 EDITION, THE UNIFORM HOUSING CODE,
1982 EDITION, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS, 1982 EDITION, THE UNIFORM SIGN code, 1982 EDITION,
THE ONE AND TWO FAMILY DWELLING CODE, 1982 EDITION, THE
NATIONAL ELECTRICAL CODE, 1984 EDITION, THE UNIFORM BUILDING
CODE STANDARDS, 1982 EDITION, APPENDICES AND THE 1983
ACCUMULATIVE SUPPLEMENT, THE UNIFORM SOLAR ENERGY CODE,
1982 EDITION, THE UNIFORM BUILDING SECURITY CODE, 1982
EDITION." By unanimous consent, full reading of Ordinance
Number 1187 was waived. Brownell moved, second by Clift,
to approve the introduction of Ordinance Number 1187 and
that it be passed to second reading.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
ORDINANCE NUMBER 1188 - FIRE PROTECTION
Ordinance Number 1188 was presented to Council for first
reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 9 OF THE
5-28-85
CODE OF THE CITY OF SEAL BEACH RELATING TO FIRE PROTECTION."
By unanimous consent, full reading of Ordinance Number
1188 was waived. Grgas moved, second by Clift, to approve
the introduction of Ordinance Number 1188 and that it be
passed to second reading.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
I
BUILDING CODES - PUBLIC HEARING
Grgas moved, second by Brownell, to set a pUblic hearing
to consider adoption of the Uniform Codes for June 24,
1985.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
RESOLUTION NUMBER 3480 - SIGNATURE AUTHORIZATION
Resolution Number 3480 was presented to Council entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, PROVIDING AUTHORIZATION TO SIGN DEMANDS AND
CHECKS FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE
BANK OF AMERICA, SECURITY PACIFIC NATIONAL BANK, CROCKER
BANK AND FIRST INTERSTATE BANK, AND AUTHORIZING ALTERNATE
SIGNATURES, AND RESCINDING RESOLUTION NUMBER 3382." By
unanimous consent, full reading of Resolution Number 3480
was waived. Clift moved, second by Brownell, to adopt
Resolution Number 3480 as amended, inserting the name of
Joyce Risner as Mayor.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
I
RESOLUTION NUMBER 3481 - COMPLETION - RECONSTRUCTION OF
SEAL BEACH PIER - PHASE III - PROJECT NUMBER 537-C
Resolution Number 3481 was presented to Council entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS
FOR PROJECT i537-C RECONSTRUCTION OF THE SEAL BEACH PIER -
PHASE III IN ACCORDANCE WI1H A CONTRACT ENTERED INTO BETWEEN
CROWLEY CONSTRUCTORS, INC., AND THE CITY OF SEAL BEACH."
By unanimous consent, full reading of Resolution Number
3481 was waived. The Director of Public Works presented
the staff report, explaining that the reconstruction contract
was on a time and materials basis, the original contract
price being $826,000 plus change orders 1 through 15 for
an additional $32,504.91. Mr. Hemphill reported negotiations
are continuing regarding the claim submitted by Crowley
Constructors in the amount of $150,000 for addtional payroll,
equipment and overhead expense due to delays encountered
as a result of inadequate or mis-fabricated materials
remaining from the previous contract. Brownell moved,
second by Wilson, to: I) approve change order number 15
in the amount of $3264.93; 2) by resolution, determine
that the work has been completed in accordance with the
contract documents and declare the work to be accepted
while acknowledging that an additional claim is being
resolved; 3) by resolution, determine that the total amount
of the contract is in the sum of $858,504.91 subject to
change by the pending claim; 4) within ten (10) days from
the date of acceptance, file a Notice of Acceptance with
the Orange County Recorder; 5) upon expiration of thirty-
five (35) days from filing of the Notice of Acceptance,
make payment to Crowley Constructors, Inc. in the amount
of $85,850.49; and 6) designate the City Attorney as
negotiator for the City with the understanding that the
final settlement is subject to subsequent City Council
approval.
I
5-28-85
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
Clift moved, second by Brownell, to approve Resolution
Number 3481 as presented.
I
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
CONSENT CALENDAR - ITEMS "M" THROUGH "w"
The City Manager requested Item nW" be removed from the
Consent Calendar, and the City Clerk requested Item "M"
removed. Clift moved second by Brownell, to approve the
recommended action for items on the Consent Calendar, except
Items "M" and "W", as presented.
N. Approved regular demands numbered 56402 through
56560 in the amount of $102,871.39, and payroll
demands numbered 13374 through 13529 in the amount
of $135,546.11, as approved by the Finance Committee
and authorized warrants to be drawn on the Treasury
for same.
O. Denied the claim of James Culwell, Jr., Steven
Culwell, et aI, and referred same to the City'S
insurance adjuster.
P. Denied the claim of Southern California Gas Company
and directed same be forwarded to L. E. Weed,
Inc.
I
Q. Approved the agreement with the City of Garden
Grove for the Senior Nutrition Meals Program,
and authorized the City Manager to execute the
agreement on behalf of the City.
R. Authorized notification to the City'S refuse
collection contractor of the City's intent to
renew the contract for an additional five year
periOd subject to the same terms and conditions.
S. Approved as to form the 1985 TRAN timetable and
preliminary Official Statement.
T. Approved the plans and specifications for project
Number 548, Crack Sealing of Pacific Coast Highway,
and authorized the City Manager to advertise for
bids.
I
U. Approved the plans and specifications for project
Number 544, construction of Seal Beach Boulevard
Reconstruction/Overlay, phase IV, and authorized
the City Manager to advertise for bids.
V. Approved the plans and specifications for project
Number 556, Reconstruction of Hazelnut between
Heather and Rose, and authorized the City Manager
to advertise for bids.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "M" - MINUTES
The City Clerk requested Councilmembers Clift and Grgas
5-28-85
abstain from voting on the approval of
were absent from the May 13th meeting.
by Brownell, to approve the minutes of
City Council regular meeting.
the minutes as they
Wilson moved, second
the May 13, 1985
AYES:
NOES:
ABSTAIN:
Brownell, Risner, Wilson
None
Clift, Grgas
Motion carried
I
ITEM "W" - AWARD OF BID - PATCH TRUCK
The Clty Manager reported bids had been
2:00 p.m. this date at which time they
by the City Clerk for one Public Works
truck as follows:
received until
were publicly opened
Department patch
General Motors Corporation
Paramount Chevrolet Company
Mission GMC Trucks, Inc.
$52,338.56
57,253.10
57,768.94
The City Manager recommended award of the bid to General
Motors Corporation. Brownell moved, second by Grgas, to
award the bid for the Public Works Department patch truck
to the lowest bidder, General Motors Corporation, in the
amount of $52,338.56.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
CITY COUNCIL ITEMS
Mayor Risner reported receipt of an announcement from the
League of Cities seeking appointment to an alternate position
from the Second, Third and Fourth Districts to the Senior
citizens Advisory Council, the appointment requiring City I
Council endorsement. There was no Council action on this
appointment. Mayor Risner requested Council input regarding
an upcoming appointment by the Mayor's Select Committee
to the Orange County Transit District, reporting there
to be two candidates for the position, Dick Edgar, Tustin
and Dan Griset, incumbent, Santa Ana. Councilmembers Grgas
and Brownell expressed their support for each of the opposing
candidates for the position. There was no formal Council
endorsement for either candidate.
ORAL COMMUNICATIONS
Mayor Risner declared oral communications open. The City
Manager reported that Mr. Charles Antos had posed a question
at a previous meeting at which neither the City Attorney
or the Director of Development Services was present, and
requested that Mr. Baucke respond to same. Mr. Baucke
stated that the question concerned 136 and 136-1/2 Main
street, which is presently used as a retail store and a
glass engraving business. He explained that one of the
requirements of the adopted resolution for Hennessey's
Tavern was the removal of a non-conforming accessory building.
He stated it is staff's opinion, and as stated by the City
Attorney previously, that the removal of a non-conforming
building does not increase the non-conformity of the property I
and therefore does not require a variance application,
that the removal was specifically authorized by the Council
through its adoption of the resolution. Mr. Baucke stated
the staff's position has not changed from that of the City
Attorney when the application was before the Council.
Mr. Antos, 316 - 10th Street, stated his specific question
dealt with the action at 136 and 136-1/2 Main street,
referencing a statement on page eight of the minutes of
that partiCUlar meeting by the City Attorney that the variance
5-28-85
I
actions at that meeting were dealing only with 138 and
140 Main Street, that there was no variance consideration
or any other action being considered for variance at 136
and 136-1/2 Main Street. He stated that one of the things
he pointed out as part of the appeal was that the resolution
that the City Attorney had prepared failed to address 136
and 136-1/2, in the legal description or in any other way
regarding the land use action taken, which would be to
remove the garage and parking that belongs on 136 and 136-
1/2 for the uses that have been indicated that exist on
that property, and transferring the parking to other pieces
of property. He stated he felt the response still does
not address how you take parking away from a business or
businesses and give it to another piece of property, thereby
rendering that piece of property further non-conforming,
stating that before, there was an existing garage and
something could have been parked there. Mr. Baucke reported
that there was no parking prior to the application, that
the garage was leased and used for storage purposes,
explaining that there were contractual agreements for lease
of that particular space for something other than parking,
that it has historically not been used for parking, and
that the removal did not remove any parking spaces that
were functionally used. with regard to parking at that
location now, Mr. Baucke reported that the area has been
asphalted, parking is available, and that the two existing
businesses use the spaces as well as Hennessey's, on a
functional basis. The City Manager added that the parking
was not reserved for Hennessey's, it merely opened up
additional parking spaces in the area behind the building
regardless of what business it is used for, functionally.
Mayor Risner stated that it would seem using a garage for
storage would not be illegal, it is a matter of choice.
Mr. Baucke stated that it was an illegal use of a garage,
the Code requiring it to be used for storage of automobiles.
Additionally, he stated that the placement of the garage
violated the City's zoning requirements as far as setbacks
which is another non-conformity. Mr. Antos continued,
stating that in the resolution approving Hennessey's and
also in the Coastal actions, there was a requirement for
a certain number of parking spaces, and that one of the
reasons Hennessey's was held up at the Planning Commission
level was because of the suggestion through the Task Force
that some parking be provided on-site, therefore the method
used was to take property next door, remove the garage,
put the parking on the site next door, providing six parking
spaces in tandem, which is not allowed, also too small.
He stated other parking was required, which was provided
by restriping the beach parking lot, therefore by Council
action the six spaces are to the benefit of Hennessey's.
Mr. Antos stated he also asked when the Council was going
to take an official action and notice the public that thirty
spaces have been created in the beach parking lot for the
purpose of satisfying Hennessey's parking requirement,
since that is public property. The City Manager stated,
as clarification, that the beach parking lot was not restriped
for the benefit of one business, rather one business restriped
the parking lots for the benefit of the public per the
instructions of the Coastal Commission in their attempt
to open up more parking, that the parking is not reserved
for Hessessey's, however they did pay for the related cost.
Councilman Grgas asked if a public notice is required.
The City Attorney responded that in terms of the work done
in the parking lot he did not believe there to be any
requirement for a public hearing or public notice for that
particular work, however noted there was public notice
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5-28-85 / 5-30-85
and hearing with respect to the variance and the Coastal
permit. Mr. Antos suggested staff contact the Coastal
Commission to seek their opinion as to whether or not there
is a requirement for notice to the public and official
Council action dealing with public beach parking. The
City Manager stated he did not find that necessary since
the staff meets frequently with the Coastal Commission
and if something is in error the City is informed, that I
it is staff's understanding this matter has been closed
by the Coastal Commission pursuant to recent conversations
with Mr. Tims and Mr. Joseph of the Coastal staff. There
were no other oral communications; Mayor Risner declared
oral communications closed.
CLOSED SESSION
Mayor Risner reported the Closed Session had been cancelled.
ADJOURNMENT
Grgas moved, second by Wilson, to adjourn to Thursday,
May 30th at 7:00 p.m. for a budget workshop.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
The meeting adjourned at 10:50 p.m.
and ex-off' ~o cierk of-the
City Council
Appr~ed'~~'
M yor
I
Attest:
Seal Beach, California
May 30, 1985
The City Council of the City of Seal Beach met in regular
adjourned session at 7:08 p.m. with Mayor Risner calling
the meeting to order with the Salute to the Flag.
ROLL CALL
present:
Mayor Risner
Councilmembers Brownell, Clift, Wilson
Absent:
Grgas
I
Councilman Grgas arrived at 7:17 p.m.