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HomeMy WebLinkAboutCC Min 1985-11-12 11-12-85 Seal Beach, California November 12, 1985 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Risner calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Ri sner Councilmembers Brownell, Clift, Wilson I Absent: Councilman Grgas Councilman Grgas's absence from the meeting was excused. Also present: Mr. Joseph, Acting City Manager Mr. Stepanicich, City Attorney Mr. Baucke, Director of Development Services Mr. Hemphill, Director of Public works City Engineer Mr. Ogdon, Administrative Assistant Mr. Malkemus, Administrative Assistant Mrs. Yeo, City Clerk WAIVER OF FULL READING Brownell moved, second by Wilson, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Counci1members after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried I PRESENTATION Mayor Risner presented certificates of appreciation to members of Boy Scout Troop 116 for their assistance to the City during the 70th birthday celebration. PROCLAMATIONS Mayor Risner proclaimed the month of November, 1985 as "Veterans unity Month." The Mayor proclaimed November 15, 16 and 17, 1985 as "Childrens Expo' 85." November loth through November 16th, 1985 was proclaimed "Storm preparedness/Flood Awareness Week" by Mayor Risner. PUBLIC HEARING - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FUNDING APPLICATION - YEAR 12 Mayor Risner declared the public hearing open to consider Housing/Community Development Block Grant Program projects, year twelve, as recommended by the citizens participation I Committee. The City Clerk certified that notice of public hearing had been advertised as required by law and reported no communications had been received either for or against this item. Mr. Ogdon, Administrative Aide, Development Services Department, presented the staff report, reviewing the background and intent of the Housing/Community Development Program, guidelines for priorities of projects, and summarized Seal Beach H/CD projects since 1975/76. Mr. Ogdon reported 1 I 1 11-l2-85 that the citizens participation committee met on October 29th to discuss priority projects for year twelve funding, recommending the following for Council consideration: 1) sidewalk, curb and landscaping revitalization program for 200-300 blocks of Seal Beach Boulevard; 2) Dolphin Avenue alley improvements; 3) beautification of Pacific Electric Easement extending from 15th Street to Seal Beach Boulevard; and 4) handicapped curb access. Noting that this may be the last year to receive H/CD funds, Mr. Ogdon reported that the Committee determined that the revitalization of Seal Beach Boulevard was of primary concern. He also noted that during the meeting, the County representative reported that the City is currently credited with approximately $165,000 of unused housing rehabilitation monies which have accumulated over eleven years of the program, therefore based upon that fact, the Committee determined not to apply for rehabilitation funds in year twelve. There were no communications from the audience; Mayor Risner declared the public hearing closed. RESOLUTION NUMBER 3538 - HOUSING and COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - APPROVING PARTICIPATION - YEAR TWELVE Resolution Number 3538 was presented to Council 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 BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE (YEAR 12)." By unanimous consent, full reading of Resolution Number 3538 was waived. Councilmember Wilson acknowledged the need for improvements to Seal Beach Boulevard and stated her support for the Task Force recommendations. Mayor Risner questioned the inclusion of funding for beautification of the Pacific Electric easement since no action has been taken towards acquiring that property. The Director of Development Services stated that the proposed project may be premature but is an option for consideration, noting however that H/CD funding is at least eighteen months in the future and actions to acquire the easement could take place during that time period. The Director acknowledged that only two Citizen participation Committee members attended the October 29th meeting even though two notifications were sent to each member, however stated that in their capacity as an advisory committee, the two members present were sufficient to prioritize and recommend the proposed year twelve H/CD projects. Brownell moved, second by Clift, to approve Resolution Number 3538 as presented. Mayor Risner reported that a request for funding had been made by Casa De Bienvenidos as a non-profit organization, however was not in time to be submitted to the Committee for consideration, and inquired if there was some means of granting their request. The Acting City Manager reported that the Casa could be eligible for funds if a finding could be made that it was at least a fifty percent benefit to the target area. Mr. Baucke noted that public improvement funds can only be spent in or to the benefit of the target area, however rehabilitation monies could be used throughout the City if the qualifications can be met. o AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried RESOLUTION NUMBER 3532 - MUNICIPAL WATER DISTRICT OF ORANGE COUNTY - BOARD OF DIRECTORS - PROPOSED DETACHMENT Resolution Number 3532 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH IN SUPPORT OF A PROPOSAL TO EXPAND THE BOARD OF DIRECTORS 11-12-85 OF MUNICIPAL WATER DISTRICT OF ORANGE COUNTY AND OPPOSITION TO DETACHMENT OF ANAHEIM, FULLERTON AND SANTA ANA." By unanimous consent, full reading of Resolution Number 3532 was waived. The Acting City Manager reported LAFCO's action of November 6th approving the detachment of Anaheim, Fullerton and Santa Ana from the Municipal Water District of Orange County would tend to render the proposed Resolution as mute at this time, therefore the staff would recommend no action be taken by the Council. Mayor Risner noted I that LAFCO also approved the requested 1.4 million dollar distribution of MWDOC assets to the three cities, also reviewed the procedures that will now be set in motion to approve the detachment from MWDOC or request that the matter be reconsidered. The Mayor explained that the detachment will affect Seal Beach by increased water rates unless there are offsetting reductions, and urged Council support of the MWDOC position on this matter by adoption of the proposed Resolution. Mrs. Risner suggested that the last "Resolved" clause of the Resolution, expressing the Council's opposition to the detachment from MWDOC, could be deleted if the Council so desired. The City Engineer reported he had been contacted by only one other city, Garden Grove, requesting support of the MWDOC position on this matter. It was clarified that if adopted, the Resolution would be forwarded to LAFCO, MWDOC, and the Board of Supervisors. Discussion continued. Clift moved, second by Brownell, to approve Resolution Number 3532 with the deletion of the last "Resolved" clause and revision of the title to read "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH IN SUPPORT OF A PROPOSAL TO EXPAND THE BOARD OF DIRECTORS OF MUNICIPAL WATER DISTRICT OF ORANGE COUNTY." AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried I RESOLUTION NUMBER 3533 - BUSINESS IMPROVEMENT AREA Resolution Number 3533 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING ITS INTENTION TO ESTABLISH A BUSINESS IMPROVEMENT AREA PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE SECTIONS 36500, ET SEQ." By unanimous consent, full reading of Resolution Number 3533 was waived. The Mayor reported Councilman Grgas had requested this item be held over since he was unable to be at this meeting. In order to obtain the actual feeling of the business community regarding the BIA, Mayor Risner asked if the Council would consider going forward with the pre-resolution of intent ballot, which appears to have been agreed to by the Committee. Councilman Brownell spoke in support of holding the entire issue over to the next meeting. Councilman Clift expressed his concern as to whether or not there was actually a consensus of the committee on several points. Mrs. Devon Eulberg, member of the committee, reported the pre-ballot had been discussed, that there had been no final consensus of agreement by the committee, one reason being the committee. did not have a list of whom the ballot would be mailed I or who would be authorized to sign for the affected businesses. The Mayor suggested that the City mail the pre-ballot packet to those affected businesses. The City Attorney verified that a pre-survey is not required, however would not be prohibited. with regard to his August 16th letter to the City regarding the BIA, Mr. Stepanicich reported the issue at that point was whether or not the City Council could direct staff to require each business in the Zone to provide ll-l2-85 1 the name of the owner or authorized person whose signature would be the only signature accepted for protest, stating it was his opinion that a business could not be compelled to provide the City with that information for preparation of such list. Also, he stated that if there was a change of ownership between the time the list was prepared and the time of the protest hearing, a person who may became the new authorized representative could not legally be prevented from filing a protest. The City Attorney advised that all the City can do is prepare a list of businesses that exist based upon available data and utilize that list for the purpose of the BIA protest, noting that there is no means of avoiding the problems experienced in the past with regard to the right to file a protest, and suggested that many of the past problems could be avoided if there is less delay in the time period between the preparation of the list and protest hearing. Mr. Rich Harbour, committee member, reported his surprise when it was indicated there was a final consensus by the committee as to procedures or document format, and confirmed his feeling that there is a need for additional discussion. Councilman Clift noted the upcoming holiday season and the commitment of merchants to their businesses, suggesting that this matter be postponed until after the first of the year. Mr. Glen Dulac, 814 Electric Avenue, stated he had compiled a summary of the motions of the committee that were passed during the meetings, and reported the three opposing members of the BIA feel that there is no need to continue to meet unless the Council concurs and approves of the actions to date. Mr. Dulac stated that some consensus had been reached and most motions passed unanimously, that the notes of the meetings are a form of evidence under the law, also stated he would not put himself in a position to negotiate away what has been agreed to. Mrs. Eulberg, committee member and proponent of the BIA, noted that the committee was formed to formulate guidelines to resolve differences with regard to the BIA. Mrs. Eulberg referred to the package of information that had been submitted to the Council for this meeting by the opponents which presumes a great deal of headway has been made toward that goal, and stated the proponents feel the data is misleading, setting forth several points that the committee supposedly agreed upon, however does not explain that some of the points were merely parts of discussions taken out of context and leading to other points that were not agreed upon. Mrs. Eulberg reported the committee meetings often resulted in time wasting debate, with much time spent reviewing minutes of the previous meeting since it was felt that certain liberties had been taken in recording those minutes, and reporting other strongly debated issues such as the calendar of events. Mrs. Eulberg stated the proponents feel the committee is far from a consensus, in fact there is no anticipated consensus given the composition of the committee. She concluded that the committee has not met their goal or reached a resolution agreement, she requested that the committee be recessed until early next year. Mr. Harbour confirmed Mrs. Eulberg's description of the committee meetings, noted also that it had been suggested that the meetings be held in the evenings and for a longer time, which was also unacceptable to the opposition. Mr. Jim Oberst, Hills Marine, member of the BIA committee, stated he felt the committee had made headway, the business list and authorized signor being the most troublesome problem, and spoke in support of the proposed pre-intent ballot. The City Attorney clarified that it was the direction of the Council that the staff prepare a master list, to which there is no objection, I I 11-12-85 that list to be as of a date certain after which no changes would be made. He reiterated that a business could not be compelled to provide the name of the authorized signature nor could the business list be used to prohibit a new business owner from protesting at the time of the hearing. Brownell moved, second by Wilson, to refer this matter back to the BIA committee for further discussions after the first of the year. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried I The Acting City Manager noted that the revised BIA Zone includes Main Street addresses only, suggesting that possibly the committee membership should be reconsidered to reflect Main Street representation, pointing out that the three opponents of the BIA conduct business outside the BIA zone. Mr. Harbour reported the proponents of the BIA concur with that recommendation. Councilman Clift pointed out that $60,000 has been budgeted to commence improvements to Main Street, noting that a commitment on the part of the business community should be forthcoming prior to implementing those improvements, the proposed BIA being a means to accomplish same, and concurring that committee representation should be from Main Street. The Mayor suggested at least one BIA opponent member be retained for continuity. It was the consensus of the Council present that two of the BIA opponents be replaced with Main Street representation. AGENDA AMENDED Clift moved, second by Brownell, to amend the agenda to include an additional proclamation. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried I PROCLAMATION Mayor Risner proclaimed November 19 and 20, 1985 as "World peace Days" to coincide with the President Reagan and General Secretary Gorbachev summit conference. RESOLUTION NUMBER 3539 - SIGNATURE AUTHORIZATION Resolutlon Number 3539 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING AUTHORIZATION TO SIGN DEMANDS AND CHECKS FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE BANK OF AMERICA, SECURITY FIRST NATIONAL BANK, CROCKER BANK AND FIRST INTERSTATE BANK, AND AUTHORIZING ALTERNATE SIGNATURES, AND RESCINDING RESOLUTION NUMBER 3480." By unanimous consent, full reading of Resolution Number 3539 was waived. Brownell moved, second by Clift, to adopt Resolution Number 3539 as presented. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried I RESOLUTION NUMBER 3540 - COMPLETION - CRACK SEALING - PACIFIC COAST HIGHWAY - PROJECT #548 Resolution Number 3540 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 #548, CRACK SEALING PACIFIC COAST HIGHWAY IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN DAYCOR INC. AND THE CITY OF SEAL BEACH." By unanimous consent, 11-12-85 full reading of Resolution Number 3540 was waived. Wilson moved, second by Brownell, to adopt Resolution Number 3540 as presented. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried I RESOLUTION NUMBER 3541 - COMPLETION - SEAL BEACH BOULEVARD OVERLAY - PROJECT #544 Resolution Number 3541 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 #544, SEAL BEACH BLVD. OVERLAY, PHASE IV, IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN SULLY MILLER CONTRACTING CO. AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3541 was waived. Brownell moved, second by Wilson, to adopt Resolution Number 354l as presented. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried I ORDINANCE NUMBER 1199 - UTILITY USER TAXES - REFUNDS Ordlnance Number 1199 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF SEAL BEACH CONCERNING REFUNDS OF UTILITY USER TAXES." By unanimous consent, full reading of Ordinance Number 1199 was waived. The Acting City Manager reported the proposed Ordinance would establish a procedure for refund of taxes by utility service companies without requiring Council action in each instance. Wilson moved, second by Brownell, to approve the introduction of Ordinance Number ll99 and that it be passed to second reading. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried ORDINANCE NUMBER 1200 - VESTING TENTATIVE MAPS proposed Ordinance Number l200 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH PROVIDING FOR VESTING TENTATIVE MAPS AND AMENDING THE SEAL BEACH CITY CODE." It was the consensus of the Council to hold proposed Ordinance Number 1200 over until next meeting as requested by staff. ORDINANCE NUMBER l20l - GROUP W CABLE FRANCHISE AGREEMENT I AMENDMENT NUMBER FOUR Ordinance Number 1201 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING AMENDMENT NUMBER FOUR TO THE FRANCHISE AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND GROUP W CABLE, INC." By unanimous consent, full reading of Ordinance Number 1201 was waived. The Acting City Manager reported Amendment Number Four addresses Group W's prior requests relating to local programming and the annual financial report, which has been considered by the Cable Communications Foundation pursuant to Council direction. Discussion followed regarding the financial report. Brownell moved, second by Wilson, to approve the introduction of Ordinance Number 1201, amending Section 2 of the Ordinance and attached Amendment Number Four to read "...annual statement of gross receipts audited and certified by an outside accounting 11-12-85 firm...", and that Ordinance Number 1201 be passed to second reading. AYES: NOES: ABSENT: Brownell, Clift, Risner, wilson None Grgas Motion carried AGENDA AMENDED I At the request of the City Attorney, the Council, by unanimous consent, amended the agenda to include an additional Ordinance relating to cable communications. ORDINANCE NUMBER 1202 - CABLE COMMUNICATIONS REGULATIONS Ordinance Number l202 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO CABLE COMMUNICATIONS REGULATION AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance Number 1202 was waived. The City Attorney reported the Ordinance is proposed to avoid a conflict between provisions of the Municipal Code and the Franchise Agreement relating to Group W's financial reporting. Brownell moved, second by Wilson, to approve the introduction of Ordinance Number 1202 and that it be passed to second reading. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried CONSENT CALENDAR - ITEMS "N" THROUGH "V" Mayor Risner requested Items "T" and "V" removed from the Consent Calendar; the City Clerk requested Item "N" removed. I Brownell moved, second by wilson, to approve the recommended action for items on the Consent Calendar, except Items "N, T, and V", as presented. O. Approved regular demands numbered 58394 through 58574 in the amount of $227,043.15, payroll demands numbered 15560 through 15721 in the amount of $171,054.03, as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. P. Denied the claim of K. Leslie Moses and referred same to the City'S insurance adjuster. Q. Appropriated $25,000 from the General Fund for Municipal pier Boat Landing modifications and authorized the City Manager to advertise for bids. R. Approved the specifications for sidewalk repair, project Number 561, and authorized the City Manager to advertise for bids. S. Authorized the purchase of one backhoe for the Water Department from the low bidder, Bengal Tractor company, Corona, in the amount of $28,845.99. U. Authorized the staff to readvertise for formal bids for project Number 560, Demolition of B-l14, Surfside. I AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried 11-12-85 ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "N" - MINUTES The City Clerk advised that Mayor Risner from voting on the October 28th minutes from that meeting. Clift moved, second approve the minutes of the October 28th meeting as presented. should abstain as she was absent by Brownell, to regular Council AYES: NOES: ABSTAIN: ABSENT: Brownell, Clift, Wilson None Risner Grgas Motion carried . ITEM "T" - AGREEMENT - PROFESSIONAL SERVICES Noting that the City Manager recruitment would not be advertised in Western City Magazine until mid-December, the Mayor asked if the time frame, as set forth in the agreement, should be adjusted accordingly. The City Attorney recommended that Section 2 of the Agreement be amended to reflect fourteen, rather than ten, weeks. Mr. Stepanicich clarified that he would interpret that all expenses will fall within the $3000 limit as set forth in Section 4 of the Agreement. Clift moved, second by Wilson, to approve the agreement with Hughes, Heiss & Associates for professional recruiting services, as amended by the City Attorney. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried 1 ITEM "V" - SEAL BEACH BOULEVARD - PHASE II - PROFESSIONAL SERVICES CONTRACT Brownell moved, second by wilson, to hold this item over until next meeting as requested by the Mayor. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried CITY COUNCIL ITEMS Councilman Clift reported he, City staff members, and other interested residents met at the Armed Forces Reserve Center Park site this date to meet with the press and provide information regarding the development of the site. ORAL COMMUNICATIONS There were no oral communications. ADJOURNMENT The Council, by unanimous consent, adjourned the meeting at 8:38 p.m. 1 Attest: 1 Approved: