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HomeMy WebLinkAboutCC Min 1985-11-25 11-25-85 Seal Beach, California November 25, 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 Risner Councilmembers Brownell, Clift, Wilson I Absent: Councilman Grgas By unanimous consent of the Council, Mr. Grgas' absence from the meeting was excused, as requested. Also Present: Mr. Joseph, Acting City Manager Mr. Stepanicich, City Attorney Mr. Baucke, Director of Development Services Mr. Osteen, Recreation Director Mr. Malkemus, Administrative Aide Mrs. Yeo, City Clerk WAIVER OF FULL READING Clift moved, second by Wilson, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried I AGENDA AMENDED Wilson moved, second by Brownell, to amend the agenda to consider items "0" and "P" out of order following the Proclamation. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried PROCLAMATION Mayor Risner proclaimed December 9th through December 15th, 1985 as "Bill of Rights Week." ITEM "0" - COMMUNICATION - PARKS AND RECREATION COMMISSION - PRESLEY IN-LIEU PARK FEES The Acting City Manager referred to a request of the Parks and Recreation Commission for clarification of the Council's action to return the in-lieu park fees paid for the presley condominium project. The City Attorney explained that under the Subdivision Map Act, Quimby funds must be returned to the owners of record of the property for which the fees were paid upon the expiration of five years after the issuance of building permits or approval of the map for the project, if the funds have not been committed. 'Mr. Stepanicich noted that Resolution Number 3179 adopted by the City Council in 1982 placed an encumbrance on those funds for public park improvements in Leisure World. The City Attorney stated that based upon the wording of Resolution Number 3179 it is their opinion that there was not a commitment of those funds to a specific project or improvement, therefore I 11-25-85 I the City is obligated to return those funds to the record owners. Mr. Gale Thomas, 1400 Crestview Avenue, member of the Parks and Recreation Commission, stated he had not been aware that these funds existed, and inquired why, based upon the City Attorney's opinion, they had not been previously committed. Councilman Brownell stated that it was his understanding that the provision for payment of the fees was a determination of the Planning Commission prior to issuance of building permits for the project, and that the law provides that such monies are required to be spent for the benefit of persons residing in the immediate area. He noted that the funds could not be spent on a park in another location of the City, and since a public park in Leisure World was not feasible, the funds were encumbered by the Council in 1982, and are now required to be returned by State law. The City Attorney clarified that the Map Act requires that the monies be used for a park that would serve the inhabitants of the area, not necessarily within the SUbdivision, however there must be a reasonable relationship between the area and the residents thereof. The Mayor reported discussions with Leisure World administration, the feeling being that there would not be another park facility that would directly benefit the Leisure World community, as an example, the Armed Forces Reserve Center Park which will be youth oriented, noting also that delays in the project's approval increased the cost of the condominiums substantially. Mr. Thomas expressed his opposition to the return of the funds, stating he felt the funds should have been committed rather than encumbered. Mr. Greg Weiler, 233 Stanford Lane, Park and Recreation Commission Chairman, stated his opinion that there are projects within the City to which these funds could have been lawfully spent, also expressed his feeling that the Council, by Resolution in 1982, did commit the funds to park and recreation projects. He suggested as a project example, expenses related to the Leisure World garden which is being relocated to Edison Park adjacent to College Park West. Mr. Weiler stated his understanding .of the law is that the funds do not have to be spent during the five year period, merely committed, and requested legal interpretation of the previous Council action. Councilmembers pointed out that the Council recently took formal action to return the subject funds to the owners of record as required by law; there was no further action on this matter. Members of the Council recommended that board and commission members be informed of items coming before the City Council in the future. 1 I ITEM "p" - CASA DE BIENVENIDOS - FUNDING REQUEST The Acting City Manager reported receipt of a communication from the Casa de Bienvenidos in Los A1amitos, a non-profit corporation, requesting a $3500 grant to assist in providing emergency shelter for runaway and homeless youths. Mr. Joseph noted that last year eight Seal Beach youths were assisted by Casa, reported costs incurred by Casa to provide their services, and explained that the Casa is funded through government grants, those being reduced by sixteen percent this fiscal year, in addition, by United Way, private donations, and fund raising events. Myldred Jones, founder of Casa de Bienvenidos, addressed the Council, explained the operation and services provided by Casa since opening in 1978, and cited specific cases of young persons receiving the assistance of Casa. Ms. Jones extended an invitation for members of the Council to visit the Casa. Clift moved, second by wilson, to approve the request for a $3500 grant to the Casa de Bienvenidos, to be appropriated from General Fund Reserves. ll-25-85 AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried ORDINANCE NUMBER 1199 - UTILITY USERS TAXES - REFUNDS Ordinance Number 1199 was presented to Council for second 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. Brownell moved, second by Clift, to adopt Ordinance Number 1199 as presented. I AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried ORDINANCE NUMBER 1200 - VESTING TENTATIVE MAPS Ordinance Number 1200 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH PROVIDING FOR VESTING TENTATIVE MAPS AND AMENDING THE SEAL BEACH CITY CODE." By unanimous consent, full reading of Ordinance Number 1200 was waived. The Director of Development Services presented the staff report, explaining that the purpose of vesting tentative maps is to provide a subdivider with a limited vested right to complete the construction of a development without compliance to changes in the law adopted by a city subsequent to map approval. The City Attorney noted that the provisions for vested maps are required to be adopted by January 1, 1986 pursuant to State law. Brownell moved, second by Wilson, to approve the introduction of Ordinance Number 1200 and that it be passed to second reading. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried I ORDINANCE NUMBER 1201 - GROUP W CABLE FRANCHISE AGREEMENT - AMENDMENT NUMBER FOUR Ordinance Number l201 was presented to Council for second 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. Clift moved, second by Brownell, to adopt Ordinance Number 1201 as presented. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried ORDINANCE NUMBER 1202 - CABLE COMMUNICATIONS REGULATIONS Ordinance Number 1202 was presented to Council for second 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. I Wilson moved, second by Clift, to adopt Ordinance Number 1202 as presented. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried 1l-25-85 I ORDINANCE NUMBER 1203 - PIPELINE FRANCHISE REGULATIONS Ordinance Number 1203 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISHING REGULATIONS CONCERNING PIPELINE FRANCHISES AND AMENDING THE SEAL BEACH CITY CODE." By unanimous consent, full reading of Ordinance Number 1203 was waived. The Acting City Manager presented the staff report, explaining that the proposed Ordinance, setting forth regulations governing pipeline franchises, is the result of negotiations with the Exxon Corporation for renewal of their original 1954 franchise agreement. Mr. Joseph reported the Ordinance proposes an initial grant fee, a base annual fee calculated on the franchisee's gross annual receipts with a provision for adjustment twice during the life of a franchise agreement, sets forth general terms and conditions for granting pipeline franchises, insurance provisions, etc., the Ordinance to be codified as Chapter 16B of the City Code, and reporting it to be consistant with the Franchise Act of 1937. He noted that subsequent to adoption of the Ordinance, documents will be prepared for Council consideration to accomplish granting of the Exxon franchise. Mr. Wade Cook, Exxon Corporation, reported that the City staff, City Attorney, and Exxon have conferred on the proposed regulations for over a year, stating that it is felt the regulations are workable and equitable to all parties. Wilson moved, second by Clift, to approve the introduction of Ordinance Number 1203 and that it be passed to second reading. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried I RESOLUTION NUMBER 3542 - COMPLETION - PROJECT NUMBER 551 - SIDEWALK RECONSTRUCTION Resolution Number 3542 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 #551, SIDEWALK RECONSTRUCTION, VARIOUS LOCATIONS, IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN DAMON CONSTRUCTION AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3542 was waived. It was noted that only one-half of the cost of removal and replacement of the driveway approach, as shown on Change Order Number One, was paid by the City. Clift moved, second by Brownell, to approve the staff recommendations and adopt Resolution Number 3542 as presented. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried I RESOLUTION NUMBER 3543 - COMPLETION - PROJECT NUMBER 556 - COLLEGE PARK EAST STREET RECONSTRUCTION Resolution Number 3543 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 #556, CPE STREET RECONSTRUCTION IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN R. J. NOBLE COMPANY AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3543 was waived. Brownell moved, second by Clift, to approve the staff recommendations and adopt Resolution Number 3543 as presented. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried 11-25-85 RESOLUTION NUMBER 3544 - AUTHORIZING DESTRUCTION - POLICE RECORDS Resolution Number 3544 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN POLICE RECORDS." By unanimous consent, full reading of Resolution Number 3544 was waived. wilson moved, second by Brownell, to adopt Resolution Number 3544 as presented. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried I CONSENT CALENDAR - ITEMS "J" THROUGH "N" Councilmember Wilson requested Item "M" removed from the Consent Calendar. Brownell moved, second by Clift, to approve the recommended action for items on the Consent Calendar, except Item "M", as presented. J. Approved the minutes of the regular adjourned City Council/Planning Commission joint meeting of November 7, 1985. K. Approved the minutes of the regular City Council meeting of November 12, 1985. L. Approved regular demands numbered 58575 through 58737 in the amount of $233,626.36, and payroll demands numbered 15711 through l5881 in the amount of $l34,031.71, as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. N. Denied the request of Mr. Ramon Rister, President of the Hof Shalom Folk Dance Group, for reduction in the hourly rental fees for use of the North Seal Beach Community Center. I AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR SEAL BEACH BOULEVARD IMPROVEMENTS - PHASE II The Director of Development Services stated approval is requested for contracted professional services of Van Dell & Associates for phase II of improvements to Seal Beach Boulevard as outlined in their proposal at a cost not to exceed $13,500. Councilmember wilson inquired as to the cost of improvements to Seal Beach Boulevard and asked if there is available funding. The Director reported that a major component of phase II will be a cost study as a design plan is developed, that information to then be presented to the Council for consideration during the fiscal year budgetary process. Mr. Baucke confirmed that the funds for phase II consulting services were encumbered from the 1984/85 budget. Mayor Risner expressed her concern I with the current practice of carrying funds over from one budget year to the next that are not encumbered by a formal commitment, stating that this practice does not allow the Council to be aware of the amount of money that is being expended or projects in progress at a given time. She suggested that funds should be encumbered by contract or carried over and rebudgeted or reevaluated annually. The Mayor noted her concern as to the total cost of improvements ll-25-85 I to the Boulevard, citing as a comparison landscape improvements to First Street of approximately $60,000 with the median and sprinklers already in place. Mrs. Risner recalled that it had been proposed that the improvements could be paid for with the proceeds from the sale of subdivided lots on Seal Beach Boulevard, which, she noted, the City does not presently own, and in turn inquired as to the purchase price of that land and the availability of funds for such purchase. Mayor Risner referred to other projects that have been discussed by Council such as the purchase of the Zoeter School property, improvements to Main Street, Rossmoor Center landscaped median, with no known means of accomplishing these projects, and suggested that rather than expending the $l3,500 for phase II at this time, the Council should first consider prioritizing and establishing goals as to future projects. Councilman Brownell added his concern with expenditure of funds for phase II that had been held over from a previous budget year, also with the practice of encumbering funds from a previous budget without a specific commitment, and expressed his feeling that all expenditures should be contained in the budget for the current fiscal year, including proposed encumbrances. Clift moved, second by Wilson, to continue this item until next meeting. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried I ORAL COMMUNICATIONS Mayor Risner declared Oral Communications open. Councilman Brownell moved that minutes of all board and commission meetings be submitted to the City Clerk to be dispersed to the members of the City Council. Mrs. Risner requested that the motion include meeting notices, agendas, and minutes of Task Force meetings. Councilmember Wilson seconded the motion. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried CLOSED SESSION The City Attorney reported the Council would meet in Closed Session to discuss matters relating to the pier sportfishing lease. The Council, by unanimous consent of those present, adjourned to Closed Session at 8:12 p.m. The Council reconvened at 8:51 p.m. with Mayor Risner calling the meeting to order. The City Attorney reported the Council had discussed matters relating to the sportfishing lease and that instructions had been given to the City's negotiators, the Acting City Manager and City Attorney. ADJOURNMENT It was the order of the to adjourn the meeting consent of the Council, I of the Approved: Attest: