Loading...
HomeMy WebLinkAboutCC Min 1998-10-26 10-12-98 I 10-26-98 to adjourn the meeting until Monday, OCtober 26th at p.m. to meet in Closed Session if deeml!d necessary. unanimous consent, the meeting was adjc)urned at 8:38 6:00 By p.m. ~ ficio clerk Beach I Approved: ~ Attest: Seal Beach, California October 26, 1998 The City Council of the City of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. R~LC~L Present: Mayor Brown Councilmembers Boyd, Calnpbell, Doane, Yost I Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk STUDY SESSION - ASSEMBLYMAN BAUGH Mayor Brown welcomed Assemblyman Scott Baugh and his staff. This was an informal session with Assemblyman Baugh commenting and presenting an update of various topics. * With regard to ACA42 the Assemblyman said he is still committed to that concept occurring, possibly not identical language, something similar, he would not be the best author, possibly Senator Polanco who could see it through the Senate, he may co-author the bill, there is a commitment to see that concept move forward next year and be on the ballot for 2000, it is his belief because of some of the shifts, which cities know better than he, that local government should not be held to the whims of the State legislature, that makes for lack of local control thus causes unnecessary friction, also unnecessary conflicts where the State battles something different every year, that causes uncertainty, there is no guarantee ACA42 will happen, it was thought it would happen this year because it was close last year; I * Mention was made that it is frustrating for local government, now fighting the loss of vehicle license I I I 10-26-98 fees, why not decrease State taxes rather than the taxes forthcoming to local governments; * The Assemblyman stated his belief that the car tax should be eliminated, by eliminating the vehicle license tax it creates too much uncertainty, the better way to do it would be to create a Constitutional protection for local government and income streams and then eliminate the car tax, that way you can take money out of the general revenue, property, sales, or income tax from corporations, banks and individuals and divide it up, his belief is that the car tax is a silly tax in the sense that it is not connected to roads in any way, most people would assume that that tax goes towards roads, rather, it is depended upon to run local government, he does not like those kinds of taxes that are disconnected to the source, yet it is agreed that the problem needs to be fixed so there iS'not this fight every year; To the question of prospects that this will happen this year, the Assemblyman responded that he would believe so, only because it was thought it would happen this year, with term limits the same dynamics are not there, there are twenty to thirty new freshmen coming in and they have no memory of this unless they have come from local government and have been watching it, there are a few of those, but it is believed that those who paid attention to it last year would still be in support in 1999, he never would have predicted what happened this year, it is believed that Tom McClintock was trying to put an initiative on the ballot for 2000 to eliminate the car tax and also take care of some of the city issues, probably not structured as tight as ACA42, yet he is optimistic that progress can be made; * * With regard to the Utility Users Tax, the Assemblyman said he is aware that Seal Beach is one of two cities that would go bankrupt without it or if those monies would have been required to be returned; * Comment was made that if the Utility Users Tax were to be cut and the car tax was lost as well, it would be a disaster for a community like Seal Beach; * Question was if Seal Beach had the Utility Users Tax approved by the voters, the response was no, this is a Charter city, it is exempt, the Guardino case applied only to general law cities, Proposition 218 applied to all cities, that was post 1995, the City adopted its Utility Users Tax considerably prior to; question was whether anyone has challenged a charter city on the Guardino opinion, the response was yes, Sacramento, and they won, after 218 there were certain groups that based their suits on it rather than Guardino; * Comment was made that this City lost $4 million to the State after the property tax taking; question was raised as to how the City went from a $24 million budget to $27 million, response was primarily the Utility Users Tax, pointed out however that there is no Utility Tax on cable or water; * The Assemblyman said with the combination of a ACA42 concept and if Guardino decision is never transferred over, the City should be fine even if the car tax is 10-26-98 eliminated; mention was made that about half of the registered voters in the City reside in Leisure World, yet they have lower cable rates and do not pay directly for water, both are included in one monthly payment, claimed that the difference in the cable bill is about $15 per month; * Mention was made of the attitude of the Coastal Commission, noted that this community put strong support behind the Hellman project, the Commission, particularly the staff, was not cooperative; the response of the Assemblyman was that he did work on trying to facilitate approval of that project, there are Coastal Commission members and/or staff that believe it is their duty to eliminate any development that is in any general vicinity of wetlands, with regard to Bolsa Chica, the mesa is not wetlands yet that is still a contentious issue however the Commission approved it, the way the Commission is set up it is to protect to coast therefore they come in with that prejudice, it is not known how that can be changed, the only pragmatic way to affect it is if the Republicans control the State legislature and they appoint more moderate members who are not so bent on preventing any development; to that it was noted that this community has a number of environmentalists that have spoken in opposition to projects before the Coastal Commission yet in this case they spoke in support; I * It was noted that the Commission is now talking about looking at this city's parking sticker program, deeming it to be preferred parking, this is not a case of creating coastal access, other cities were looking at such a program, the concern is the local issues that are being looked at or dealt with by them; I * The Assemblyman noted that Coastal Commission is not an elected body, there is no accountability, there is no one to complain to; there were brief comments made with regard to the appointment process and lack of accountability; * As to what is forthcoming for next year, there is a commitment to address funding issues, the annual battle between local and State governments; he is Vice-Chair of the Health Committee, will continue to work on health related matters, HMO reform will be considered, possibly holding HMO's accountable when they improperly deny care for necessary medical treatment, at this time they are required to be a licensed physician just not licensed in California which means the Medical Board has no jurisdiction over them, with regard to riability issues, as to the difference in liability approaches, the Democrats this year wanted a bill that would hold the HMO liable as a deep.pocket for any down stream negligence or wrongful conduct, for example, the HMO contracts with a medical group then the medical group hires doctors, if the doctor committed negligence even though the HMO approved the care and paid for the treatment, their liability bill would allow the HMO to be sued for deep pocket, his opinion is that does not solve any problems it just drives the cost of health care up, he supported a liability bill, and will put it in again, that holds an HMO accountable when they deny the care, when a medical director is practicing medicine and denies someone care and they suffer damage, an I I I I 10-26-98 independent review system is being looked at, the biggest complaint is that people have care denied, and because an HMO is such a bureaucratic institution, there is no way to fight them as an individual, the review system would allow appeal to an outside doctor who has no financial connection to the plan, that doctor would review solely on the issue of medical necessity, if determined the treatment was medically necessary the plan would be bound by that decision, these are believed to be structural fixes to the HMO problem, he is not a fan of the legislature trying to micro-manage medicine; * Situation was mentioned that one HMO refused to send a patient to a specialist, the primary doctor was doing nothing for the patient, another HMO was seeking new members, used the same doctors, and immediately the primary doctor did something; the response was that the legislature can not pass laws that manage those types of decisions, but can pass laws that say if you are treated unfairly you can appeal or suit can be initiated, there are some HMO's that try to help, others likely should not be in business; If the cap were removed on micra the cost of medical care would go up, the reason the advent of HMO's and managed care was because .the fee for service structure was going so high, in 1974 the Knox/Keene Act was brought in, in a few days if there is a Democratic Governor it is more likely he would sign a bill that lifts the cap on micra, if there is a Republican controlled Assembly or Senate it is more likely the lifting of the cap could be stopped, his feeling is that even if Republicans come back as a minority that there are still enough moderate Democrats who will not vote to lift the micra cap; * With regard to limitations on group homes and concentration thereof, there was discussion with the City of Fountain Valley regarding that issue, what would be needed from the City would be a list of how many there are in the community, give examples of where it has created a burden where State law has prevented addressing the problem, and possibly a proposed model statute that would be reasonable and not unduly restrict or infringe upon the people who provide this very needed service, advise other cities who have a similar problem to contract the legislators, when a bill is put in it is better if there are a number of cities behind it, if it is unique to one city many of the legislators will not be impacted by it; * Mention was made of the 1999 federal budget, a bill relating to bullet proof vests, it would be desirable to look into the possibility of that, they are federal funds administered by the State; response was a suggestion that a letter be sent identifying what the City is looking for and help can be given to find those funds if the City qualifies; * With regard to the beach sand replenishment, it was reported that about fifty percent has been received, some was last season, it continues, the east beach replenishment has grown; it was confirmed that the heavier weight san~ seems to be working; there were about fifty to sixty loads on Saturday, about one * 10-26-98 hundred car loads is anticipated; it is understood that Union Pacific has worked out most of the merger problems which should prove to be better availability of cars; negotiations continue with the Navy with regard to deliveries, progress is being made; * Assuming that the sand deliveries are on schedule, the AssemblYman questioned whether the City would be able to maintain the beach or will it be looking for State assistance, the theory under which this was looked at was that the jetty, etc. was not the fault of the City and if the State could provide enough funding to restore the beach the City could probably absorb the cost of maintaining the beach; I * with regard to the beach sand, it was noted that there are three cells, east, west, and Surfside, the area having the most immediate threat at this point is Surfside, that falls under the Army Corps, the area lost as much as seventy percent of its sand, it flows towards Huntington Beach, Seal Beach is a feeder beach, contact has been made with the Army Corps, however the State should not be ruled out as far as help in the future. * Assemblyman Baugh thanked the Council for having them, said they like to meet once a year to get some idea of where the State can help, it is vital that State and local government work together to promote the good of the communities, and that he looks forward to helping Seal Beach next year. I The Council expressed appreciation for the attendance of AssemblYman Baugh and his staff. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:45 p.m. clerk Approved: ~ Attest: I Seal Beach, California October 26, 1998 The City Council of the City of Seal Beach met in regular session at 7:05 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. 10-26-98 ROLL CALL Present: Mayor Brown Counci1members Boyd, Campbell, Doane, Yost Absent: None I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Mrs. Stoddard, Director of Administrative Services Mr. Dorsey, Assistant to the City Manager Ms. Beard, Director of Recreation and Parks Mrs. Yeo, City Clerk APPROVAL OF AGENDA Councilman Boyd requested that Item "H", the pickens Fuel Agreement, be removed from the Consent Calendar for separate consideration, and a member of the audience requested Item "K" removed. Boyd moved, second by Yost, to approve the order of the agenda as revised. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried I ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Ms. Fran Johnson, Coastline Drive, thanked Councilman Boyd for attending a recent gathering in Rossmoor, also, for herself and on behalf of thirty-six dogs, what is hoped to be approval of the dog run area. Mr. Mark Allen, 5th Street, said he and his neighbors have concerns with regard to the proposed traffic roundabout at 4th and Central, it is realized that as a beach community there is going to be traffic and that 4th Street handles more and faster traffic than there needs to be. He noted that nothing has been seen of a study of traffic on 5th Street, the concern is that what is proposed may make that traffic worse, one problem is the presence of traffic, another is the process where there could possibly be an adverse environmental impact due to a significant increase of traffic in an area where there is considerable pedestrian traffic as well, there was no notice of this proposal, and, before this is finalized it is hoped the Council will adequately address these concerns. Mr. Kurt Demeire, 214 - 5th, stated his understanding as well that the Council has proposed and approved a traffic circle at 4th and Central, the closure of the short ,feeder from,the Marina area to Central Avenue as well, the concern is that those persons that will then need to slow their vehicles Central will then travel 4th or 5th Streets. He expressed his opinion that to provide a solution for those persons on Central Avenue could mean an adverse impact on persons on 4th and 5th Streets, that is not a solution to the speeding problem on Central, everyone wants to slow that traffic, that street was named Central because it is a major artery, if it is blocked it is believed it will no longer be a main artery into the community, thus vehicles will travel 4th and 5th. In talking with Councilmembers Boyd and Yost, both acknowledged that there will likely be some significant traffic increase on 5th, one estimate was an increase of possibly fifteen percent, however he disagrees believing it will be more, the I 10-26-98 traffic count referenced was about three thousand five hundred cars currently per day, conservatively that would be about five hundred twenty-five more cars daily, to which he asked who would want that on 5th Street while a parklike setting is constructed for those persolls on Central, yet for those on 4th and 5th there is no solution, diverting traffic towards others is not fair. Mr. Demeire said he believed I there are means of diverting traffic in other ways, it is understood the problem is not volume, rather, it is traffic speed, there are ways to slow speed without diverting vehicles, those who speed will not go around a traffic circle, they will find the path of least resistance. Mr. Demeire acknowledged certain alternative ideas mentioned by Councilmembers Yost and Boyd such as nodes at the end of each block, narrowing the entrance to each intersection, construction must include simultaneous construction of the nodes where all people of Old Town are benefitted and not just a few. Mr. Chi Kredell, Seal Way, voiced complaint that the Council had not been advised of the three story structure in the 300 block of Main Street in a timely manner, then mentioned that there is now a building being renovated in the 100 block of Main that has a balcony protruding over the sidewalk, he was informed that that is under the jurisdiction of the Public Works Department, to him that would appear to be a liability for the City to extend over a Main Street sidewalk, and that same balcony runs down the side of the building to the property line. Mr. Kredell made reference to a building next to his residence that is four units, if it were stripped down only one unit would be allowed, there are presently five open parking spaces, eight covered spaces are required, it protrudes the setbacks on the sideyard, a I balcony has been approved to the front property line and then - there is an upper deck. He questioned what sense this makes inasmuch as the Council years ago adopted an ordinance that allowed duplexes only on twenty-five f()ot lots otherwise a single family dwelling, now anyone with a non-conforming house, even with numerous violations, can build. Mr. Kredell suggested that the City look at the current zoning laws as this is not fair to those who want single family dwellings and a nice area. Ms. Reva Olson, Seal Way, stated she felt it unfair to have people who have spent substantial money for single family residential homes to be surrounded by absentee landlords and tenants, most people in that area want to build single family homes, said she has a duplex however is single family use, and why remodel if the old apartment houses are going to be rehabilitated, and the landlords do not screen their tenants. She referred to those supporting residential homes on Seal Beach Boulevard, that would require a General Plan amendment, and reminded that her area has already been changed to R-l, single family. Mr. Tom Wall, past-Chair of the Airport Land Use Commission, also a member of the Speakers Bureau for the County of Orange Local Redevelopment Authority, reported that the Notice of Preparation was filed by the County last Friday for the El Toro Reuse Plan, and I offered to return to provide a more detailed analysis of the Notice to aid the response of the City by December 18th, prior to commencement of the Environmental Impact Report, the second EIR for this project, and said there is considerable misinformation around. Mr. Wall noted that the second tier EIR is designed to take the Board of Supervisors decision to investigate a commercial airport at El Toro, refine that decision, and come up with an airport master plan, and under California environmental law an EIR is required, and that a number of options be looked at. Mr. Wall stated the preferred project identified by the Board of Supervisors, 10-26-98 I that will be studied in great detail in the EIR, includes a two-airport system, El Toro would have about twenty-four million passengers per year, John Wayne, operating in concert, would have about ten million passengers per year, El Toro would have medium haul, long haul, international passenger/cargo service, John Wayne would continue to have general aviation short haul passenger service and no cargo, there would be a light rail connector system between El Toro and John Wayne to provide the movement of passengers and cargo from one facility to another, that is the primary alternative, however, the Board asked that another option also be looked at, a slightly different configuration called Alternative B, and be analyzed at the same level of detail, that would simply be a slight increase in the number of passengers at El Toro up to twenty-eight million, some adjustment at John Wayne, and no people mover between the airports. Mr. Wall pointed out that when this process started some six years ago the County looked at forty-four options, those have been reduced to the two primary options, then a group of second category alternatives, these will be analyzed at a smaller level of detail, however may be the most important to Seal Beach, the first being the No Project Alternative, the next is Alternative F, build out John Wayne within the existing boundaries but no El Toro airport, Alternative G, expand John Wayne outside the existing boundaries, that would be buying additional space, lengthening the runways, again no airport at El Toro, Alternative J would be the digging up the cross runway system at El Toro for a parallel runway system, Alternative K, most likely of greatest interest to Seal Beach, is the off-site alternative to look at other locations around the County that have been previously studied, which would include Los Alamitos, a couple of other alternatives as well as the millennium plan, a non-airport plan. Mr. Wall suggested that there not be great concern at this point with Los Alamitos being considered as an airport because environmental law requires that a variety of options be looked at, when analyzing Los Alamitos the charge will be to compare it as an airport against the project alternative, in his estimation it is a non-contender when compared to the opportunities at El Toro. Mr. Wall said what is important is that the Seal Beach response to the Notice of Preparation contain all of the questions and concerns so that they can be analyzed clearly during fifteen month EIR preparation. Ms. Nancy Murphy, 5th Street, described herself as being quite vocal about the speeding problem since moving to Seal Beach some five years ago, she has written letters, spoken with the Police Chief, there is actually a speeding problem in all of Old Town, something needs to be done to slow the traffic down, a number of cities use speed bumps, requested there be more police presence, people run the stop sign at 5th Street, urged that something be done that will slow the traffic, work for everyone, and protect the children. She expressed concern with the coming of Halloween, and hope that this problem is resolved before a disaster. Ms. Rory Demeire, 5th Street, said she has two small children, reported at least five incidents of near misses of her children on 5th Street, and stated if anything is done to slow speeds anywhere that it not divert traffic to 5th Street, this is a concern of everyone. Ms. Teri Pollman, 5th Street, said she also has two children, there are a number of small children that live on 5th, her family tries to stay out of the front yard just because of the traffic, speed, the situation is dangerous, and requested that nothing be done that would increase the problems. There being no further comments, Mayor Brown I I 10-26-98 declared Oral Communications closed. Councilman Yost requested comments from the Director of Public Works, and Councilman Boyd mentioned that he and Councilman Yost will agendize an item for the next meeting so that staff can be provided direction. Director Badum noted that speed is a problem in Old Town as it is on the Hill and I in the College Parks, determining the correct solution is difficult, traffic calming is one means to address the problem, speeds in residential neighborhoods may be something that needs to be addressed citywide. He noted that the reason the Central project is going forward is because there was a problem, the neighbors were concerned, staff has tried to develop a solution to slow vehicles, a roundabout design is not to divert traffic, most of the documentation reviewed notes that roundabouts do not divert traffic just slow down the flow. He mentioned however that there are two types of users of Central, someone new just coming into town, and residents coming in and going out, the intent was to keep the traffic on Marina Drive, most people w()uld not be aware that 5th Street could be an alternative route, staff was looking at the area again today, from 1st Street to the intersection of 5th and Central it is about thirty percent longer travel time if 5th Street is used. The Director concurred with the concern expressed with regard to diversion, it is something that should be looked at, the volume of traffic on 5th, the speeds, it is quite likely there are elevated speeds on 5th Street as well as other residential collector streets in the community. To the question as to a time frame for a speed and volume study, the Director said possibly within the month. Question was also raised as to increased police I presence. The City Manager mentioned that he and Councilman - Yost had discussed this some time ago, prior to the Central Avenue potential solution, that 5th is one of the key arterial streets into Old Town, Councilman Yost acknowledging that 5th is truly a gateway and is wider than 12th Street, the Manager continuing, noting the question as to whether the City was providing the best entry it can given the location of a beverage establishment and the lack of landscaping at Marina and 5th, to that staff had planned to present something in the next budget for that location, therefore it may be a benefit to conduct traffic counts, etc. now before anything is done on Central if the intent is to control traffic speed at that entry while at the same time trying to enhance property values and improve the entry statement. Councilman Yost concurred that it is key to conduct the traffic study, determine the volume, the speeds, etc., and take other measures in the interim such as police presence. CONSENT CALENDAR - ITEMS "A" thru "K" Boyd moved, second by Yost, to approve the recommended action for items on the Consent Calendar as presented, except Items "H" and "K", removed for separate consideration. A. Approved the waiver of reading in full of all ordinances and resolu"tions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers unless specific request is made at that time for the reading of such ordinance or resolution. I B. Approved regular demands numbered 21126 through 21271 in the amount of $346,129.30, payroll demands numbered 1383 through 10-26-98 1529, and 27632 in the amount of $146,948.61, and authorized warrants to be drawn on the Treasury for same. C. Received and filed the Monthly Investment Report for September, 1998. I D. Received and filed the staff report relating to the receipt of the Orange County Council of Governments 'Status of 1998/99 OWP Funding', and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. E. Received and filed the report from staff relating to Negative Declaration No. 98-05 regarding Calvary Chapel Expansion, City of Westminster, authorized the Mayor to sign the response letter thereto, and instructed staff to forward this matter to the Environmental Quality Control Board for information purposes. F. Approved the lease extension for Under the Rainbow for the term of January 1, 1998 through December 31, 1999. G. I J. AYES: NOES: Adopted Resolution Number 4655 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING THE BOLSA CHICA WATER WELL REPAIR PROJECT TO BE OF URGENT NECESSITY FOR THE PRESERVATION OF A SAFE AND RELIABLE DRINKING WATER SUPPLY." By unanimous consent, full reading of Resolution Number 4655 was waived. I. Approved the minutes of the August 24th, 1998 regular adjourned and regular meetings, and the September 14th, 1998 regular meeting. Received and filed the staff memorandum reporting that no amendments are deemed necessary to the City of Seal Beach Conflict of Interest Code. Boyd, Brown, Campbell, Doane, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" - LICENSE/AGREEMENT - NATURAL GAS VEHICLE FUELING STATION - PICKENS FUEL CORPORATION The Director of Public Works reported that some time back the Council had authorized an application for funding from the Petroleum Violation Escrow Account for alternative fuel vehicles, the application was successful, and the City is exploring compressed natural gas vehicles. A concern with that was how are the vehicles going to be fueled, the Police Department needs a reliable, quick source, to that pickens Fuel came forward with ways to build a natural gas fueling station that would meet the needs of the City as well as be funded from outside, Pickens assuming the majority of cost with a small portion funded by the City. Councilman Boyd pointed out that this was an obscure grant, this is also a good partnership, this facility may also put the City in the I 10-26-98 position of offering natural gas services to other cities to help them meet their needs. He expresl~ed appreciation for the efforts of staff and for the partnership of pickens Fuel with the City. Boyd moved, second by Doane, to approve the License and Agreement with Pickens Fuel Corporation for the compressed natural gas vehicle fueling station, and authorized the City Manager to execute same on behalf of the City. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried I ITEM "K" - RESOLUTION NUMBER 4656 - CI'rY COUNCIL MEETING TIME LIMITS Mr. Gordon Shanks, Surf Place, inquired as to the proposed meeting time limits. The City Clerk explained that the Resolution provides that the Council shall not consider any new agenda item after 11:00 p.m., no later than 10:45 p.m. the Council shall determine by vote whether to continue the meeting until the remaining items are resolved, rescheduled to a date certain prior to the next meeting, or continued until the next meeting, that the final adjournment hour shall be no later than 11:59 p.m., also that waiver of the adjournment time may be waived by a majority vote of the City Council. Campbell moved, second by Boyd, to adopt Resolution Number 4656 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING RESOLUTION NUMBER 4001, PROCEDURAL RULES FOR CONDUCT OF COUNCIL MEETINGS, ESTABLISHING MEETING TIME LIMITS." By unanimous consent, full reading of Resolution Number 4656 was waived. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried AWARD OF BID/CONTRACT - CITY HALL / PIER RESTROOM RENOVATION - PROJECT NUMBER 825 Bids were received until October 20th, 1998 at 10:00 a.m. for Project Number 825, City Hall and pier Restroom Renovation, at which time the bids were publicly opened by the City Clerk as follows: Top Design Builders Cal-Pacific Construction Cal Star Construction A & G Design M. D. Construction F. H. Paschen J. M. Contracting Varkel Construction Warvi Construction Alexander Associates Construction One Corp. Atek Construction Midland Construction $228,900 $243,800 $256,800 $264,500 $267,324 $269,928 $270,000 $277,000 $284,160 $289,371 $294,442 $327,000 $490,400 I The City Manager reported that this project was put to bid a second time, the result being a considerable reduction in bid amounts, and the Director of Public Works noted that the original project estimate was about $260,000. Boyd moved, second by Brown, for the purpose of discussion, to approve the award of bid for project Number 825, City Hall and pier Restroom Renovations, to the lowest responsible bidder, Top Design Builders, in the amount of $228,900, and authorized 10-26-98 the City Manager to execute the contract for same on behalf of the city. I Councilman Boyd expressed pleasure that this project is moving forward, however this is the first time the Council has seen the renderings, and asked if the motion includes the architecturals and design as well. The City Manager explained that this is an architectural rendering, the color is subject to discussion and final consideration, the bid package contains detail of the inside and outside of the pier building, there was an attempt to minimize change orders. Councilman Boyd said he was not very pleased with the look, ultra modern, arches, louvered, colored plastic doors, not consistent with an anticipated look for Main Street or the pier. The Manager said it may be the color scheme that gives that appearance, the architect was working with a number of constraints, getting sufficient ventilation, working within a certain cost, and attain something other than the existing drab look. Mayor Brown suggested that possibly the project could be approved subject to some reconsideration of design, colors, etc. Councilman Yost suggested that possibly members of the Council could be appointed to review the design, and colors further, however not to the extent that it would be required to be rebid. Mayor Brown suggested a motion to approve, that he would then appoint two members of the Council to review the project design and colors and if felt to be unrealistic it will be reconsidered at the next meeting, if not, the project will go forward. By consent of the makers, the original motion was reconfirmed. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried Mayor Brown appointed Councilmembers Boyd and Campbell to review the project design as stated. CITY MANAGER CONTRACT - TERMS I CONDITIONS Mayor Brown requested that this item be considered in Closed Session at the end of the agenda, the meeting then reconvened in open session, and so moved. Councilman Yost seconded the motion. AYES: NOES: Brown, Doane, Yost Boyd, Campbell Motion carried I MERCHANT I EMPLOYEE PARKING REGULATIONS - PARKING METERS - MUNICIPAL LOTS The Assistant to the City Manager reported that this item proposes amendments to the City's current Merchant and Employee Parking regulations, this prompted by the forthcoming installation of parking meters in the two Main Street parking lots. The Assistant noted that the two lots on Main Street are currently striped for seventy-six spaces, during the past months staff has conducted random surveys to ascertain the number of vehicles in those lots that display a merchant parking decal, on average there are thirty merchant vehicles in the seventy-six spaces on a daily basis, in the City Hall lot there are forty-one parking spaces, twenty-four of which are utilized by merchant parking, an average of about seventeen vacancies at anyone time during a day. In order to optimize the parking availability in the downtown area as well as generate a new revenue source, staff recommends that thirty merchant vehicles be diverted to either the City Hall parking lot with its seventeen available spaces or to the 8th or 10th Street beach parking lots, the 10-26-98 thought that the merchants displaced from the lots at Electric could use the City Hall lot and those parking in the 100 block lot could park in the beach lots. He said if the Council does approve this concept there will undoubtedly be some spillover effects, one being that motorists are used to the two parking lots being available to them for free and they will likely search Main Street fo:r free parking, yet it I is believed that over time and given the demand for downtown parking it will soon precipitate occupancy of the two Main Street lots to a high rate. It is the opinion of staff that by diverting this merchant and employee vehicles to other municipal lots this plan will increase short term parking availability and a new revenue source. The Assistant confirmed that he and the City Manager have held meetings with the Business Association, property owners, and retail merchants for about a year, generally most of the merchants and property owners support this proposal as they realize that if they desire increased shopping occupancy in the Main Street area they and their employees will need to utilize the alternate lots. Mayor Brown inquired if those merchants from the Electric/Main lot would be issued a different colored sticker to park in the City Hall lot, the response was that could be a possibility, also that much will be left to the devices of the people. Noting the high percentage of spaces currently occupied by merchant vehicles, Councilman Yost offered some concern that the merchant employees may seek parking on Main Street once the meters are in place, and questioned if the Business Association/Chamber have an ability to police themselves in that regard. The Assistant said he would like to believe that the merchants and their employees have considerable self-interest and realize that I parking on Main Street would be counter productive to their goals, also, it is the intent to disseminate information to - all of the merchants prior to installation of the meters so that they fully understand the goals of diverting their vehicles to other lots in the downtown area. It was noted that the two hour limit would continue to apply on Main Street. The Manager noted that in addition to merchant employees parking in the lots there are also beachgoers during the summer months. It was confirmed that the intent is to have the merchants and their employees not use the Main Street lots, question was raised as to why not just pull the merchant parking stickers and in turn provide a sticker for the beach lots only. It was noted that the Main Street lots will now be metered, with the Manager explaining that it was the commercial property owners who first approached the City with a complaint that the beachgoers were using those lots yet the City was realizing no revenue, and it was then found that the merchant employees were also using that parking. Mention was made that this policy fits into the overall parking management program. Councilman Yost posed a question of a handicapped resident as to the location of handicapped spaces on Main Street and if I the number thereof meets ADA requirements. The Director of Public Works reported that the required number of ADA spaces exist in both lots at Electric and there will be additional spaces in the off-Main lot that is currently under construction. Boyd moved, second by Brown, to authorize staff to proceed with amendments to the current Merchant and Employee Parking regulations in order to divert those vehicles with merchant parking decals to non-metered municipal parking lots. I I I 10-26-98 AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried PROPOSED ORDINANCE NUMBER 1435 - BUSINESS LICENSES - SENIOR CITIZEN REDUCED FEE The City Manager stated that this item is in response to a request of Council at the last meeting whereas certain individuals engaging in small home occupation cottage industries have found it a hardship to pay the full business license fee. Upon research of other cities by the Director of Administrative Services, what is proposed is a $50 annual fee for persons sixty-five years and over provided the income therefrom does not exceed $5,000 per year. Councilman Doane explained that this issue was raised because of a move by the Leisure World News that as of November 1st they would not accept any advertising for their classified section without a City business license, this the result of certain concerns pointed out during a seminar by the Police Department. He confirmed having knowledge of several persons engaged in cottage industries that could not afford the regular business license fee. Councilman Doane mentioned also that the City has offered a forty-five day no fee temporary permit pending the effective date of Ordinance 1435. Doane moved, second by Boyd, to approve the introduction of Ordinance Number 1435 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 11, ARTICLE II, SECTION 11-33 OF THE CODE OF THE CITY OF SEAL BEACH, ADDING A REDUCED SENIOR CITIZEN DISCOUNTED BUSINESS LICENSE FEE SCHEDULE." By unanimous consent, full reading of Ordinance Number 1435 was waived. -, Mr. Gordon Shanks, Surf Place, said to some degree he understands what is trying to be done, it appears to be designed specifically for Leisure World, traditionally he has opposed such things that apply to only a segment of the population, and inquired if this will apply to those outside of Leisure World as well, to which Councilman Doane read the criteria, and confirmed this is not exclusive to Leisure World. Mr. Shanks confirmed his opposition in that he felt it is bad policy to establish provisions for certain small groups of people, noted that there are many home businesses going on throughout the City, possibly new business license categories should be created, and to say someone sixty-two can not do what someone sixty-five can do is poor. Ms. Sue Corbin, Seal Beach, stated that under federal law a license can not be granted for an illegal act, dressmaking in ones home is an example, local Code does not allow manufacturing, and claimed there are many illegal businesses in the City, nothing is done about it. It was clarified that the City has not issued a business license for an illegal act, and suggested if there is knowledge of illegal businesses the City should be notified. Councilman Boyd spoke favorably of this provision, provided that each license application is checked for complete compliance with the Code, no license will be issued for any business that does not conform. A member of the audience agreed that anyone who operates a cottage industry in Leisure World should have a City business license, the services are not illegal, this is supplemental income, the News is also correct to not allow advertising without a license, and the City may realize a little revenue as well. It was again clarified that this is applicable to anyone sixty-five years or over. . 10-26-98 AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried DOG RUN - TEMPORARY FENCE The City Manager reported this is a request for authorization to construct a temporary fence for a dc)g run at the Seal Beach Animal Care Center. It is noted that this property is owned by the City and is on the edge of the future secondary entrance to the Hellman Ranch golf clubhouse. Yost moved, second by Boyd, to approve the request as presented. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried Ms. Annelle Aviani expressed appreciation on behalf of the Friends of the Animal Care Center for the loan of land to accommodate a small dog park, thanks also to the many people who donated towards this memorial, the dog park was very dear to volunteers Chet Silver and Jay Ingerle, it is wished they could be here to personally thank the Council, and confirmed that the park will be named in honor o:E Chet, Jay, and Chet' s son. Ms. Ingerly thanked all as well, now the dogs can run and they will be much better for adoption. PUBLIC HEARING / RESOLUTION NUMBER 4657 - HOUSING/COMMUNITY DEVELOPMENT PROGRAM - YEAR 1999/2000 (YEAR 25) Mayor Brown declared the public hearin';J open to consider Housing/Community Development Block Grant projects for Year 1999/2000. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received relating to this item. The Director of Development Services p:resented the staff report, explained that the Council appointed Citizens Participation Committee met last week and recommended projects for Year 25 funding considera'tion, the same projects approved and submitted last year that did not receive funding, Seal Beach Boulevard Reconstruction Project and Youth Aftercare. He noted that the deadline for submittal was this past Friday, the application bas been filed, however the County has agreed to accept the Resolution tomorrow. There being no public comments, Mayor Brown declared the public hearing closed. I Councilman Boyd pointed out that this H/CD money is designated for Seal Beach Boulevard improvements, and reported having written a letter to each County Supervisor requesting their support, and requested that a letter from the Council, signed by Mayor Brown, also be forwarded. Doane moved, second by Boyd, to adopt Resolution Number 4657 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE (YEAR XXV)." By unanimous consent, full reading of Resolution Number 4657 was waived. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried CITY MANAGER REPORTS In response to a request at last meeting, the City Manager reported the preliminary cost estimate to remove and replace the wall along Lampson Avenue near College Park East is about $75,000, $25,000 for the northerly portion adjacent to the golf course, $50,000 near the WestEd building, this an 10-26-98 unbudgeted expense. The Public Works Director noted that the majority of the cost is replacement fencing. Counci1member Campbell asked if something could be done with the golf course section, that being $25,000. The Mayor suggested that there be discussions with the City Manager and Public Works Director. I ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Mr. Gordon Shanks, Surf Place, again made reference to the cottage industries item for seniors, noted there are a number of young couples that reside on the Hill, they have been two income families with high cost homes, then there are children, some mothers want to stay home to care for those children, yet the exemption that was introduced at this meeting applies to an isolated group, to which he is opposed. The Mayor noted that the income restriction is quite low, to consideration of removing the age restriction, the City Manager said that would need to be looked at carefully, and to that a report was requested prior to second reading of the ordinance. Mr. Chi Krede11, Seal Way, stated his concern with the character of Main Street, there is now another Hennessy's at the Papi11ion location, claimed to be just another bar, and inquired if it is going to expand. Councilman Yost advised that Hennessy's will require a Conditional Use Permit before the Planning Commission, that would be the body to voice his concerns, explaining that alcohol sales are under a CUP process before the Commission and anything construed as an intensification falls within the CUP process. He explained also that the same does not apply to a house that stays within the local rules and regulations. Mr. Krede11 said he does not want any more bars or restaurants on Main Street, and again questioned if Hennessy's is going to expand the building into the parking lot. The Manager responded that they have said they have no plans to expand beyond the existing building yet will require a CUP because of substantial kitchen remodeling. Councilman Boyd offered that consideration could be given to a moratorium on new restaurants and bars, as did Belmont Shore, not to say that would be done, but it could be looked at. Councilman Doane noted that the only new liquor license he is aware of is the restaurant in the Leisure World Shopping Center, those on Main Street are existing liquor licenses with no expansion or revision thereof. It was clarified that the comments are directed to the Main Street Specific Plan area, and noted that should there be a clubhouse on Hellman Ranch they will most likely want a liquor license. Mr. Krede11 claimed that Hennessy's obtained the original license by stating they sell more food than liquor. It was mentioned that possibly such licenses should be audited, also a condition of issuance can be periodic review. Mr. Don Smoot, Seal Beach, expressed appreciation for approval of the temporary dog run, one of the names attached to the run was his neighbor who was at the Shelter every morning, he supported this run. Mr. Smoot expressed his opinion that the cottage industry provisions for sixty-five and over at $50 is good. There being no further comments, Mayor Brown declared Oral Communications closed. I I COUNCIL CONCERNS Councilman Doane announced the opening tomorrow of Nana's Kitchen Cafe in the Leisure World Shopping Center, owned by Toby and Carmen Davis, and noted again that restaurants are the number one generator of retail tax to the City. Mayor Brown mentioned having gone to their pre-opening this 10-26-98 evening, their menu is good, the food is prepared by a chef, the prices are reasonable, they serve breakfast, lunch and dinner, and suggested that everyone try it. Councilman Yost announced that the volleyball tournament on Sunday was fun and very successful and was to benefit the Save Our Pool fund. With regard to water quality, he has been working with the Surfrider Foundation for ways to decrease the amount of I gross waste that goes down river, ways to quantify the amount of waste in the water, is reviewing water quality reports regarding same, and he will post those reports on his website as they are received, also, the Director of Public Works was requested to look at a cost estimate for gross water filters for the pumpout station that flows into the River. He noted too that when there is a new employee in the Planning Department it is hoped the person will also have citation authority .that will assist with Code enforcement, and mentioned that undergrounding of the utility lines on Seal Beach Boulevard between Lopez Drive and Electric is being looked into as there is a fund into which there is a contribution from each utility billing for that purpose, and staff has been requested to make application. Councilman Boyd reminded all to vote on Tuesday, November 3rd. He requested that anyone who resides in Seal Beach, and has for some years, that is a Congressional Medal of Honor recipient, please contact him. Councilmember Campbell requested that the pothole at the northbound corner o:E Main Street and Pacific Coast Highway be repaired. To the status of the sign ordinance, the City Attorney said he did not believe it has gone back to the Planning Commission as yet, and the Director of Development Services advised that it has been postponed pending completion of the Bixby hearino;j's. Councilmember I Campbell said it was difficult to watch the Planning commission hearings for Bixby as the television screen was blank, it was rebroadcast yesterday but: very difficult to follow as taped. She mentioned having received telephone calls with regard to a statement that 'the City supports the project', to which she explained that t.he residents are the City, the Council represents the City, and the project has not been voted on as yet, therefore the City has not taken a position, if meant to be staff, that needs to be so noted. Councilman Yost said he takes no position on the project. Mayor Brown reported that he has requested the City Manager to schedule the Bixby hearing for the first meeting in November, if that is not appropriate i,t will then be continued. Councilman Yost agreed that it be considered at the earliest possible from a 'liability standpoint inasmuch as the City has one year to take action. councilmember Campbell said she has a problem with the Planning Commission considering the matter on November 4th and the Council packets for November 9th delivered on November 5th, as there will be no written record of the deliberations and actions. The Mayor advised that the City Manager has been requested to provide each member of the Council with a tape of the Commission meeting. Mayor Brown announced that after a year I plus battle with lung cancer his wife was told this date that the doctor did not want to see her for a month, maybe two months after that, good news. CLOSED SESSION The City Attorney announced.that the Council would meet in Closed Session to discuss the items listed on the agenda, a conference with legal counsel with regard to anticipated litigation pursuant to Government Code Section 54956.9(b), Howard Brief, a conference with legal counsel with regard to existing litigation pursuant to Government Code Section 10-26-98 I 54956.9(a) in the workers comp claims of Rosenkranz, Groos, and Feenstra, and the People versus Stark and Brendel, and a public employee performance evaluation of the City Manager pursuant to Government Code Section 54957. By unanimous consent, the Council adjourned to Closed Session at 8:40 p.m. and reconvened at 11:12 p.m. with Mayor Brown calling the meeting to order. The City Attorney reported that the Council had discussed the items identified on the agenda, with regard to the item of anticipated litigation the Council gave direction to the City Attorney; with regard to the items of existing litigation the Council gave direction to the City Manager relating to WC 95-0001, Rosenkranz; gave direction to the City Manager relating to WC 96-0009, Groosl with regard to The People versus Stark and Brendel, Case #97WM04823, the Council gave direction to the City Attorney; as to the public employee performance evaluation, the City Council discussed the performance of the City Manager and a number of matters with respect to the existing contract, 1) compensation - four percent increase, 2) incorporate performance standards into the contract, 3) term of contract is two years plus a two year option at the option of the City Council, and 4) severance pay - one year plus language to be incorporated into the agreement to provide that during that one year period the City Manager would be a consultant to the City until such time as new employment is secured with a cap of one year. Brown moved, second by Yost, to approve the terms of the City Manager contract as reported. I AYES: NOES: Boyd, Brown, Doane, Yost Campbell Motion carried The City Attorney stated he would draft the revised contract incorporating the terms subject to the motion. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the meeting until November 9th at 6:30 p.m. to meet in Closed Session if necessary. By unanimous consent, the meeting was adjourned at 11:16 p.m. clerk Approved: I Attest: