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HomeMy WebLinkAboutCC Min 1981-12-14 11-23-81 / 12-14-81 I APProve~~l a or ~f- ^''''''~( ~ City Clerk Seal Beach, California December 14, 1981 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Laszlo calling the meeting to order with I the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Seitz, Supple, Vanderstaay Absent: Councilmember Kredell Also present: Mr. Parker, City Manager Mr. Coughlan, City Attorney Mr. Johnson, City Engineer/Director of Public Works Chief Picas cia, Police Department Ms. Danielson, Planning Director Mr. Antos, Associate Planner Mr. Joseph, Assistant City Manager Mrs. Yeo, City Clerk WAIVER OF FULL READING Vanderstaay moved, second by Supple,. to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of I reading shall be deemed to be given by all Cotmcil members after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT: Krede11 Motion carried 12-14-81 I PRESENTATION Mayor Laszlo introduced Jean Erickson, twenty year employee of the Police Department and presented Mrs. Erickson with a commemorative city plaque in appreciation for her dedicated service to the City. Mrs. Erickson accepted the plaque to a round of applause from those present. PUBLIC HEARING - AMENDING ZONING CODE - DEFINITION OF SIGN Mayor Laszlo declared the public hearing open to consider an amendment to the Zoning Ordinance that would add a definition of "Sign" to the City's sign regulations. The City Clerk certified that notices had been published as required by law and that no communications had been received either for or against the matter. The Associate Planner presented the staff report and recommendations of the Planning Commission. Thcre were no public comments for or against this item; Mayor Laszlo declared the public hearing closed. ORDINANCE NUMBER 1109 - AMENDING ZONING CODE - DEFINITION OF SIGN Ordinance Number 1109 was presented to Cotmcil for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 28 OF THE SEAL BEACH CITY CODE BY ADDING SECTION 28-271.1, A DEFINITION OF "SIGN". By unanimous consent, full reading of Ordinance Number 1109 was waived. Seitz moved, second by Vanderstaay, to approve the introduction of Ordinance Number 1109 and that it be passed to second reading. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT: Krede11 Motion carried AGENDA AMENDED I I Supple moved, second by Vanderstaay, to amend the agenda to consider Item "L", proposed ordinance granting a cable communications franchise, out of order at the conclusion of the next public hearing, as requested by Mayor Laszlo. AYES: NOES: ABSENT: Laszlo, Seitz, Supple, Vanderstaay None Krede11 Motion carried 12-14-81 PUBLIC HEARING - TENTATIVE TRACT MAP 11302 - HELLMAN PROPERTY DEVELOPMENT Mayor Laszlo declared the public hearing open to consider a proposed Tentative Tract Map Number 11302 for the division of the Hellman'Specific Plan area into three hundred'thirty-six lots. 'The City Clerk certified that noticeS ',had been published and mailed as required by law and that no communications had been received either for or against this item. The Associate Planner presented the staff report, stating that the Tentative Tract Map provides for the subdivision of the residential land within the Specific Plan area into three htmdred thirty-six lots, three hundred thirty-three single family detached units, one hundred apartment housing tmits and five hundred sixty-seven condominium units. Mr. Antos stated that the development would take place in nine phases, that the final tract maps would be processed individually for each' phase and that public improvements would be implemen:ted with each phase. Mr. Antos reviewed the Planning Commission actions and findings, and the conditions imposed for approval of the Tentative Tract Map. Mayor Laszlo invited members of the audience wishing to speak to this subject to come to the microphone and give their name and address for the record. Mr. George Putnam, Senior Vice President of Ponderosa Homes, commended the City on their review process procedures and stated the conditions for approval as presented were acceptable' to Ponderosa Homes. Mr. Gordon Shanks, 215 Surf Place, inquired about the proposed wall adjacent to properties on the west end of Catalina Avenue to Surf Place and proposed resolution of encroachments past the original lot boundaries by property owners on Catalina and Surf. The Associate Planner stated a concrete block wall is proposed'on the property line adjacent to the Catalina properties extending to Avalon Avenue, and is so indicated on the proposed precise plans. Mr. Putnam stated that there are approximately ten encroachments onto the Hellman land by adjacent properties which vary from two to seventeen feet and that he had indicated Ponderosa would attempt to resolve the problem with the property owners and in the grading plans for the development, and noted some property owners had requested use of up to thirty feet of the Hellman land, which would not be acceptable to I I I 12-14-81 I Ponderosa. Councilman Seitz stated some concern had been expressed that the drainage from existing properties would be altered by the proposed wall. Mr. Putnam stated much of the drainage problem has been created by the encroachments and that this problem will need to be resolved in the engineering phase of the development. The City Attorney explained that the City would have no right to impose conditions requiring the developer to give land to those property owners who have encroached on the Hellman land, noting such a condition would benefit only a limited number of the property owners. Mr. Putnam stated Ponderosa would put forth their best effort to resolve the drainage, encroachment and wall location problems, most likely through dedication, acquisition or trading of properties. Mr. Putnam continued, stating that even with a two foot dedication of land to the existing property owners, it would necessitate that the grading be revised to provide proper drainage for the new residential units. He also stated that the sloped area in the new development adjacent to the proposed wall would be part of the residential back yard and would be maintained by the property owner. Mr. Grayson, 140 Coast- line Drive and member of the Environmental Quality Control Board, stated that the portion of the Evnironmental Impact Report addressing noise levels generated from traffic on Pacific Coast Highway is now invalid due to the recently increased allowable speed limit on Coast Highway. Mr. SanFilippo, 801 Avalon Drive, inquired about the time frame for completion of the grading, what measures are planned to protect the Hill residents from noise and dust during the grading, and asked if the liquafaction problem had been resolved. Mr. Putnam stated that the grading and land fill is anticipated to be completed within approximately six months, that the construction of one type of wall between the Hill properties and the new units would be more asthetically acceptable than several different styles of fencing of varied materials, that the soils problems will be resolved according to the conditions imposed by the City, that measures will be taken to protect the Hill properties during the grading process, that noise control will be resolved in accordance with all State and City I I 12-14-81 guidelines and referred to berming as one means of reducing noise impact. Mr. Grayson suggested that a new noise level study be conducted on Pacific Coast Highway prior to approval of the project and should the noise level exceed the acceptable limit, that the speed limit on Pacific Coast Highway be lowered. Mr. San Filippo asked if the traffic impact on Pacific Coast Highway and on the bridge at the westerly city limits had been considered, and if the sewer system would require upgrading as a result of the proposed development and stated he felt the community had not had adequate opportunity to review and give input regarding this development. The City Manager stated ingress and egress to the new development would also be available from Seal Beach Boulevard and should there be substantial impact on the sewer system, the cost of upgrading would be borne by the developer. Mr. Putnam explained the lengthy review process that had taken place for this project, study sessions, public hearings and citizen contact, and stated the traffic impact for the development had been mitigated. Mr. Victor Peterson, 935 Cat~lina, stated his property presently experiences a drainage problem, provided photographs to the Council and urged that this matter be resolved prior to any project approvals. There were no further communications from the audience; Mayor Laszlo declared the public hearing closed. Councilman Seitz stated that since the developer had agreed to work with the residents adjacent to the Hellman property to resolve their concerns, he felt that the location of the fence/wall should be resolved first and included as a condition of approval rather than being set forth on the Tract Map, also that a pedestrian overpass into the park area be constructed at the intersection of First and A Streets. Mr. Putnam responded that Ponderosa would not be willing to build an overpass. Mr. Seitz suggested that the oil derricks on the Hellman land be removed as a condition of approval. The City Manager stated that mitigating measures will be taken regarding the wells on the land proposed for development however conditions can not be imposed on the remaining Hellman property, that the staff have met I I I 12-14-81 I with Hellman representatives who have agreed to fund a study for abatement of the oil derricks. The City Attorney added that it would be inappropriate to address the oil extraction activities that do not directly effect the development, however, the Council would have the power to require abatement if the wells violate the noise regula- tions of the City. Councilman Seitz referred to maintenance of walls, lawns and landscaped areas through the Homeowners Association; the City Attorney stated that condition had been amended, that the City would be a party to the CC & R's and would have the right to lien a property in order to enforce the conditions. Councilman Seitz expressed his objection to the use of wooden fences and suggested cinder block instead. It was pointed out that the type and placement of the fences/walls will be presented for consideration as a part of the landscape plans. It was suggested the City may wish to consider a landscape maintenance review procedure. Councilman Seitz recommended the height of the barrier wall along First Street be extended to eight feet and that landscaping be provided on both sides of First Street. Mr. Putnam recommended that First Street barrier wall consist of a berm and wall; and the City Manager stated that when the landscaping plans are considered, the maintenance of all landscaped areas will be clearly set forth. The City Engineer stated the intent of the park and landscaping conditions is that parkways on both sides of First Street be landscaped by the developer. The City Attorney suggested the conditions be amended to clearly state "parkways on both sides of a street". With reference to Gum Grove Park, it was stated the parking area would be removed and landscaping placed between the developed area and the park, that no fence is presently proposed between the Gum Grove and the existing residences, and should the Council wish a block wall constructed behind Gum Grove Park that condition could be imposed when Tentative Tract Maps for Phases Four through Eight are considered. Relocation of utilities was briefly discussed. Mr. Seitz requested that the one hundred low and moderate income housing units be deleted and that other uses for that portion of the property be explored. The City Attorney referred I I 12-14-81 to recent legislation regarding low and moderate income housing requirements and strongly recommended this one hundred unit develop- ment be retained in the planned development. Mr. Putnam asked that should the Council determine to eliminate the affordable housing from the development, that he be provided with a statement of facts and findings as to why it is being deleted. Councilman Seitz expressed concern with Finding Number Five in Resolution Number 3118 referring to the site as "physically suitable", the City Attorney clarified that Finding to mean basically the size and area of the land to be developed is suitable and specifically refers to informa- tion provided to the City in the Environmental Impact Report. Requested amendments to the Conditions of Approval were reviewed as follows: (1) Eight foot berm/wall barrier along First Street; to be included; (2) Maintenance costs to the common landscaped areas; the City Attorney stated that condition had been amended and is included; (3) Fences adjacent to existing residential properties on tpe west end of the Hill; the City Attorney stated the agreement previously expressed by the developer would be added as a condition and that no fences would be positioned until this matter is resolved by the developer and the property owners. Mr. Putnam expressed concern should a property owner be unwilling to negotiate and agree to the placement of the fence; the City Attorney stated the developer will have the obligation to meet and to resolve to the best of his ability the property line issue and in the event it can not be resolved satisfactorily, it should be specifically set forth in the conditions and that the Council would have the ultimate obligation to resolve any disputes. The City Attorney stated he would review that condition; (4) Pedestrian overpass; this request not considered; (5) Removal of oil derricks; the City Attorney stated that if Hellman did not honor their oral agreement and if a nuisance is created by the wells, litigation could be brought against them, or the City could request removal of the wells and if they are not removed the City could abate them and lien their property. The City Attorney again clarified that mitigation of those wells directly impacting the tract is being required. I I I 12-14-81 I Mayor Laszlo asked if there would be a master CC & R or if it would be on an individual property owner basis. The City Attorney stated it was his understanding there would be one master CC & R and indivi- dual CC & R's for specific sections of the development. RESOLUTION NUMBER 3118 - APPROVING TENTATIVE TRACT MAP NO. 11302 Resolution Number 3118 was presented to Council entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING TENTATIVE TRACT MAP NO. 11302". By unanimous consent, full reading of Resolution Number 3118 was waived. Seitz moved, second by Vanderstaay, to adopt Resolution Number 3118 with amended Conditions as previously stated. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT: Krede11 Motion carried It was clarified that landscaping and architectural plans will be forthcoming. RESOLUTION NUMBER 3119 - APPROVING PRECISE PLANS - TRACT 11302 Resolution Number 3119 was presented to COlmcil entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING PRECISE PLANS FOR TRACT NO. 11302." By unanimous consent, full reading of Resolution Number 3119 was waived. It was stated that there is no fencing proposed behind Gum Grove Park at this time, that the Park will be dedicated to the City and that there are no plans to change the use of that land, that the first revenue from the project will be received when the final tract map is filed, the remainder to be received over a period of time, that the eighteen acre park site will be dedicated upon recordation of the Phase One map and at which time funds will be received for the development of the park. It was stated grading of the site is anticipated for early 1983, construction to commence within thirty to forty-five days thereafter. Seitz moved, second by Vanderstaay, to adopt Resolution Number 3119 as presented. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT: Kredell Motion carried I I 12-14-81 PROPOSED ORDINANCE NUMBER 1111 - AWARDING FRANCHISE - CABLE COMMUNICATIONS SYSTEM Ordinance Number 1111 was presented to Council for first reading enti tled "AN ORDINANCE OF THE CITY OF SEAL BEACH GRANTING TELEPROMPTER OF SOUTHERN CALIFORNIA, INC. A FRANCHISE TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM WITHIN THE CITY." By unanimous I consent, full reading of Ordinance Number 1111 was waived. The Assistant City Manager reported that the franchise agreement had been reviewed and approved by the City Attorney's office and is acceptable to Teleprompter, is the result of negotiations between Teleprompter and the City, incorporates the requests of the City Council from the October 27th meeting and noted that the staff had met with the Superintendent of Schools who had agreed to the terms affecting the District. Mr. Joseph stated the agreement adopts the Teleprompter application proposals with certain legal modifications, and changes and/or additions made during the negotiating process which include: (1) increased security fund to $75,000; (2) $500 per day fine for non-completion of the system under prescribed time I period; (3) use of low profile pedestal "flat boxes"; (4) rate increases not to exceed seventy-five percent of the consumer price index; (5) deletion of offered equipment not required or::necessary for operation of the system, valued at $147,388; and (6) $75,000 annual grant for support of local origination programming, community promotion and other services deemed appropriate by the City. Mr. Joseph requested that several minor changes to the agreement be made as follows: (1) page two, Section Two (A) to read "...non-exclusive, revocable franchise ("the Franchise")..."; (2) page five, Section Three (E)(l), "...payment by the Grantee of any fees, charges, reasonable claims,..." and last sentence of the same Section, ".... transferred to any other bank with assets over $30,000,000"; (3) page, seven, Section Three (E)(5)(a), "...Grantee agrees that Grantor..."; I (4) page twelve, Section Five (C), ".. . Grantee shall make every reasonable effort..."; (5) page fifteen, Section Five (E) (g), "... Grantor shall prescribe generally accepted methods of measurement"; 12-14-81 I (6) page nineteen, Section Six (E) (2) (a) and (b), "...in the event that one third of its service..."; (7) page twenty-three, Section, Seven (B)(e)(l), "Copies of financial reports of Grantees system serving Seal Beach and Grantees financial report at the option of the Grantor..." and that the last sentence of this section be deleted. Councilman Supple requested that this item be held over until the first meeting in January to allow additional time to study the documents. The City Manager stated the original Teleprompter proposal offered $500,000 worth of cable communications equipment to the City, and after discussions with each city department and Teleprompter it was determined some of that equipment was not necessary for the efficient operation of the Seal Beach cable system, and that Tele- prompter had agreed to provide an equal amount in the form of cash in in lieu of equipment to the City which may be used for the purchase of capital equipment. Mr. Parker stated he would recommend that the $750,000 franchise fees be placed in a special fund and only the interest derived from those monies be used. Mayor Laszlo inquired about the conduct of inspections during the construction phase. Mr. Joseph stated that the City would have the option of obtaining a private engineering firm to conduct the inspections. Mayor Laszlo spoke regarding interconnect with Los Alamitos School District, frequency of rate increases, commercial advertising fees, the location of the master control center and use of the production equipment, and inquired as to why the Rossmoor Library had not been included as a facility to receive cable equipment. The City Manager concurred that the Rossmoor Library was inadvertently omitted and should be included. Mayor Laszlo asked if the franchise was trans- ferrable; the City Attorney responded that is is not transferrable without consent of the City Council. With reference to the Municipal Code provisions relating to cable communications, the Assistant City Manager explained that once the franchise agreement is adopted the Municipal Code will be amended so that there are no conflicting provisions. Mayor Laszlo made specific reference to several Municipal Code sections: 234-A(4), Interconnection, inserting the word "will" I I 12-14-81 instead of "may"; 234-A(5)(d), Construction Schedule, six months rather than one year; 234-A(6) (a), three months rather than six months, a month to month reduction in the term of the franchise and specifying the $500 per day fine; 23A-7(4), Advance Charges, objected to advance payment for service; 23A-9, Establishment of Community Access Corporation; the Assistant City Manager stated this provision will be deleted. Council discussed the procedures for a member of the community to utilize the public access channel. The Mayor referred to 23A-14(6); the Assistant City Manager clarified that any State or Federal law in conflict with the City's regulations would prevail. The Mayor referred to Section 6(A) of the Agreement regarding "Substitutions.. .subject to the approval of the City Manager" and requested the "City Council" be added. Discussion continued regarding programming, two-way capability, tentative location of the main head-in, buy-back provisions, proposed rate schedules for basic rate be reduced to $6.95 or $6.45. A member of the audience spoke regarding the purchase of capital equipment with funds derived from the franchise, the enforcing body to insure Tele- prompter is providing the services as prescribed in their proposal and to determine that every reasonable effort is made to interconnect, adding a provision requiring two-way service when it is available, and inquired as to the effect on the franchise should the Leisure World community deannex from the City. Mayor Laszlo stated he would provide the staff with a feasibility study regarding the inter-connect of all Orange County cable television systems; Councilman Seitz requested a copy of that study. Mr. Seitz referred to Code Section 23A-4(11), Test and Compliance Procedure, regarding the second failure and requested the wording "and may require a third test" be added. Councilman Supple moved to postpone this item until the first meeting in January to allow additional time to study the agreement, the effect of this agreement on Leisure World and the existing contract with Teleprompter. Councilmember Vanderstaay seconded the motion. Mayor Laszlo requested that the amended agreement be provided to the Council for review by the first week in January. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT: Krede11 Motion carried I I I 12-14-81 ' Ms. Schroeder, Teleprompter representative, indicated that Teleprompter is anxious to review the existing Leisure World agreement with the Leisure World management and the Golden Rain Foundation at the earliest possible time. I ORDINANCE NUMBER 1105 - REGULATING THE PARKING OF OVERSIZE AND NON- MOTORIZED VEHICLES ON CITY STREETS Ordinance Number 1105 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REGULATING THE PARKING OF OVERSIZE AND NON-MOTORIZED VEHICLES ON CITY STREETS, AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance Number 1105 was waived. Mayor Laszlo expressed his opposition to the fine schedule provided within this ordinance. With consent of the Council, discussion was postponed while a copy of the Municipal Code was obtained. ORDINANCE NUMBER 1110 - CALLING and GIVING NOTICE - PRIMARY NOMINATING MUNICIPAL ELECTION - MARCH 30, 1982 The City Clerk stated that pursuant to the City Charter, Ordinance I Number 1110 was presented to Council calling and giving notice of the Primary Nominating Municipal Election to be held March 30, 1982 and the subsequent documents established regulations for Candidate Statements, and related to the conduct of said election. Ordinance Number 1110 was presented to Council entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A PRIMARY NOMINATING MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, MARCH 30, 1982, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER." By unanimous consent, full reading of Ordinance Number 1110 was waived. Seitz moved, second by Vanderstaay, to adopt Ordinance Number 1110 as presented, which takes effect immediately upon adoption. AYES: Laszlo, Seitz, Supple, Vanderstaay I NOES: None ABSENT: Krede11 Motion carried RESOLUTION NUMBER 3120 - REQUESTING COUNTY SERVICE - PRIMARY NOMINATING MUNICIPAL ELECTION - MARCH 30, 1982 Resolution Number 3120 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING 12-14-81 THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO SAID CITY RELATING TO THE CONDUCT OF A PRIMARY NOMINATING MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, MARCH 30, 1982." By unanimous consent, full reading of Resolution Number 3120 was waived. Seitz moved, second by Vanderstaay, to adopt Resolution Number 3120 as presented. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT: Krede11 Motion carried RESOLUTION NUMBER 3121 - ADOPTING REGULATIONS FOR CANDIDATES Resolution Number 3121 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE PRIMARY NOMINATING MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, MARCH 30, 1982." By unanimous consent, full reading of Resolution Number 3121 was waived. Seitz moved, second by Vanderstaay, to adopt Resolution Number 3121 as presented. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT: Krede 11 Motion carried RESOLUTION NUMBER 3122 - ELECTION OFFICIAL COMPENSATION Resolution Number 3122 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ESTABLISHING COM~ENSATION FOR ELECTION OFFICIALS AND POLLING PLACES AT THE PRIMARY NOMINATING MUNICIPAL ELECTION AND GENERAL MUNICIPAL ELECTION IN THE CITY." By unanimous consent, full reading of Resolution Number 3122 was waived. Seitz moved, second by Vanderstaay, to adopt Resolution Number 3122 as presented. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT: Kredell Motion carried I I I 12-14-81 RESOLUTION NUMBER 3123 - CENTRAL COUNTING PLACE - PRIMARY MUNICIPAL ELECTION - MARCH 30, 1982 Resolution Number 3123 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING THAT ALL BALLOTS BE COUNTED AT A CENTRAL COUNTING PLACE." By unanimous I consent, full reading of Resolution Number 3123 was waived. Seitz moved, second by Vanderstaay, to adopt Resolution Number 3123 as presented. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT: Krede11 Motion carried RESOLUTION NUMBER 3124 - CANVASS - PRIMARY NOMINATING MUNICIPAL ELECTION - MARCH 30, 1982 Resolution Number 3124 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ORDERING THE CANVASS OF THE PRIMARY NOMINATING MUNICIPAL ELECTION HELD ON TUESDAY, MARCH 30, 1982, TO BE MADE BY THE CITY CLERK OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3124 was waived. I Seitz moved, second by Vanderstaay, to adopt Resolution Number 3124 as presented. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT: Krede11 Motion carried ORDINANCE NUMBER 1105 - CONTINUED - REGULATING PARKING OF OVERSIZE NON-MOTORIZED VEHICLES ON CITY STREETS Discussion of proposed ordinance Number 1105 continued. The City Manager stated the fine is presently $25 for each violation, that each twenty-four hour period would constitute a separate violation and currently only applies to residential areas of the City. Dis- cussion continued. Laszlo moved, second by Vanderstaay, to postpone I this item until next meeting. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT: Kredell Motion carried RESOLUTION NUMBER 3125 - COMPLETION - TREATMENT OF TERMITES - PROJECT NUMBER 517 Resolution NtDDber 3125 was presented to Council entitled "A RESOLUTION 12-14-81 OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO SPECIFICATIONS FOR PROJECT #517, TREATMENT OF TERMITES, IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN AMERICANA TERMITE COMPANY AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3125 was waived. Seitz moved, second by Vanderstaay, to adopt Resolution Number 3125 as presented. I AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT: Krede11 Motion carried RESOLUTION NUMBER 3126 - COMPLETION - WESTMINSTER AVENUE STREET IMPROVEMENTS - PROJECT NUMBER 456 Resolution Number 3126 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 #456, WESTMINSTER AVENUE STREET IMPROVEMENTS, IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN GRIFFITH COMPANY AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3126 was waived. Seitz moved, second by Vanderstaay, to adopt Resolution Number 3126 as I presented. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT: Krede11 Motion carried CONSENT CALENDAR Councilman Seitz requested Items "Q" and "R" removed from the Consent Calendar; Mayor Laszlo requested Item "0" removed from the Consent Calendar. Vanderstaay moved, second by Laszlo, to approve the recommended action for items on the Consent Calendar except Items "0, Q, and R" as presented. P. Approved regular demands numbered 42215 through 42461 in the amount of $556,129.70; payroll of I December 1, 1981 plus demands numbered 33156 through 33180 in the amount of $700,281.60 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. 12-14-81 S. Approved plans and specifications for the construction of Wheelchair Ramps, Project Number 509 and authorized the City Manager to advertise for bids. I AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT: Krede11 Motion carried Items Removed From the Consent Calendar ITEM "0" - CITY COUNCIL MINUTES Mayor Laszlo asked that the names and addresses of those persons speaking at the November 23rd meeting regarding the Department of Water and Power property and to the lease of parkland from the Department of the Army be included in the minutes. It was noted that the names and addresses of persons addressing the City Council had not been included as those items were not under public hearing and for discussion only. Discussion followed. Laszlo moved, second I by Vanderstaay, to approve the minutes of the regular adjourned meeting of November 5th and the regular meeting of November 23, 1981 as presented. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT : Krede11 Motion carried ITEM "Q" _ OLD POLICE BUILDING - NOMINATION TO NATIONAL REGISTER OF HISTORIC PLACES Councilman Seitz expressed concern with the designation of the old police building as a historical site at this time, suggesting that such action be pursued after the disposition for that building had been determined. Discussion followed. Seitz moved, second by Vanderstaay, that the staff authorize International Systems, Inc. to I prepare an application for the nomination of the old police building as a historical site and that said application be reconsidered by Council prior to any final action and pending determination of disposition for the building. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT: Kredell Motion carried 12-14-81 ITEM "R" - OLD POLICE BUILDING - EXCLUSIVE NEGOTIATING AGREEMENT Councilman Seitz indicated he did not feel city funds should be spent towards ,the appraisal and the structural analysis of the old police building in view of the fact there is no firm agreement at this time that Newman Brettin Properties will purchase the building and suggested that all alternatives for use of the site should be investigated, such as retaining the police building site and dis- posing of the land used for parking adjacent to the fire station. The City Manager explained that pursuant to the negotiating agreement as presented, the City will obtain an up-to-date appraisal of the property, receive a report as to whether or not the building can be rehabilitated up to code, an estimated cost of such rehabilitation, and recommended that the City participate in the cost of the appraisal and engineering study. Mayor Laszlo stated he preferred a fifty to sixty year lease of the site rather than its sale and stated that should the building be placed on the historical register, other uses may present themselves and requested that action on this item be postponed for six weeks. Members of the audience expressed their views to the Council. The City Manager recalled that the City had previously solicited proposals for rehabilitation and/or use of the site and that no responses had been received, and stated it would be difficult to request proposals until the value of the land and the cost of rehabilitation is known. Mr. Parker noted that if the City and the potential buyer of the property share in the cost of the studies, the City is still under no obligation to finalize the sale of the site. The City Manager stated that Newman Brettin may be amenable to a long term lease and suggested Section 6 of the Agreement be amended to include the words "for the sale and/or lease" and clarified that lease of the site should be of sufficient years to allow total amortization of the rehabilitation costs to Newman Brettin. Seitz moved, second by Vanderstaay, to authorize the City Manager to execute the Exclusive Negotiating Agreement with Newman Brettin Properties, Section 6 of said Agreement amended to read "...for the sale and/or lease of the property...". Councilmember Vanderstaay I I I 12-14-81 I asked if the City could obtain the building at a future date if the need existed. The City Manager stated the building would revert to the City upon expiration of the lease, that the City could buy back the lease or it could be obtained through condemnation proceedings. The City Manager also clarified that the structural additions to the original building, the jail and the hose tower, would be demolished and that area utilized for parking. AYES: Seitz, Supple, Vanderstaay NOES: Laszlo ABSENT: Kredell Motion carried COUNCIL REPORTS and REQUESTS Councilman Supple asked if the annual Redevelopment Agency report would be forthcoming; the City Manager affirmed that it would. Mr. Supple inquired if a legal opinion had been provided regarding establishing a trust fund for the $138,000 Leisure World condominium in-lieu fees. The City Attorney responded that it would not be appropriate to place the funds in trust, that he would recommend the Council establish a separate fund for the $138,000 whereby three affirmative votes are required to approve use of those monies, and stated he would provide a report to Council on this matter. Councilman Supple suggested that the City Manager be instructed to institute a program of reducing the unit costs for paramedic responses from the present level, and so moved. Mayor Laszlo seconded the motion. I AYES: NOES: ABSENT: Laszlo, Seitz, Supple, Vanderstaay None Kredell Motion carried I Councilman Seitz requested that the Engineering Department obtain a current noise level reading along Pacific Coast Highway. ORAL COMMUNICATIONS Mayor Laszlo declared oral communications open from the audience. Mrs. Joyce Risner, 845 Driftwood Avenue, spoke in favor of establishing a special fund for the Leisure World condominium in-lieu fees and suggested the Council take action to do so. The City Manager explained 12-14-81 the present policy for co-mingling of funds, current cash flow status and noted the $138,000 is presently carried as a debt from the General Fund to the Park Account and that placing those monies in a special fund would merely be a paper transaction at this time. Mr. Supple pointed out that there is no identification of the interest earnings on the $138,000 since their receipt by the City. The City Manager I stated it would be most desirable to return the money to the Leisure World community in the form of a project or actual return of the money at the earliest possible time should the Council choose to provide that direction. There were no other oral communications; Mayor Laszlo declared oral communications closed. CLOSED SESSION It was the order of the Chair with consent of the Council to adjourn to Closed Session at 11:58 p.m. The meeting reconvened at 12:22 a.m. with Mayor Laszlo calling the meeting to order. The City Attorney reported the Council had discussed matters of pending and threatened litigation. Laszlo moved, second by Vanderstaay, to adjourn the meeting at 12:24 I ADJOURNMENT p.m. noting that no meeting would be held Monday, December 28th. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSENT: Krede11 Motion carried clerk of the Attest: A,"- APProvet::'~ J Mayor I