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HomeMy WebLinkAboutCC Min 1984-02-13 2-13-84 Seal Beach, California February 13, 1984 The City Council of the City of Seal Beach met in regular session at 7:04 p.m. with Mayor Grgas calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Grgas Councilmembers Brownell, Laszlo, Risner, Vanderstaay Absent: None Also present: Mr. Parker, City Manager Mr. Strausz, Assistant City Attorney Mr. Joseph, Assistant City Manager Mr. Johnson, Director of Public Works/ City Engineer Mrs. Yeo, City Clerk WAIVER OF FULL READING Brownell moved, second by Vanderstaay, 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. I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried PROCLAMATIONS Mayor Grgas prOClaimed the week of March 12 through March 18, 1984 as "Week of the Handicapped." Mayor Grgas proclaimed the week of February 25th through March 1st, 1984 as "Flood Prevention and Disaster Preparedness Week." The week of February 19th through February 25th, 1984 was proclaimed "Engineer's Week" by Mayor Grgas. ORDINANCE NUMBER 1162 - PARKING OF TRUCKS - RESIDENTIAL and COMMERCIAL ZONES Ordinance Number ll62 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPER l3C, RELATING TO PARKING OF TRUCKS IN RESIDENTIAL AND COMMERCIAL ZONES." By unanimous consent, full reading of Ordinance Number ll62 was waived. The City Manager clarified that Chapter l3C of the Municipal Code does not relate to recreational vehicle parking. Vanderstaay moved, second by Grgas, to adopt Ordinance Number 1162 as presented. I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried ORDINANCE NUMBER l163 - AMENDMENT NUMBER THREE - FRANCHISE AGREEMENT - GROUP W CABLE - COLOR STUDIO Ordinance Number 1163 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING AMENDMENT NUMBER THREE TO THE FRANCHISE AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND GROUP W CABLE, 2-13-84 INCORPORATED." By unanimous consent, full reading of Ordinance Number 1163 was waived. Risner moved, second by Brownell, to adopt Ordinance Number 1163 as presented. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay N~ne Motion carried RESOLUTION NUMBER 3349 - HONORING DR. NORMAN E. WATSON, I CHANCELLOR - COAST COMMUNITY COLLEGE DISTRICT - RETIREMENT Resolution Number 3349 was presented to Council and read in full by Mayor Grgas entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING DR. NORMAN E. WATSON, CHANCELLOR OF THE COAST COMMUNITY COLLEGE DISTRICT, ON HIS RETIREMENT." Risner moved, second by Vanderstaay, to adopt Resolution Number 3349 as presented. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried RESOLUTION NUMBER 3350 - AGREEMENT - COUNTY/NEWPORT BEACH - AIR TRANSPORTATION SERVICE IMPROVEMENTS Resolution Number 3350 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING THE JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH REGARDING IMPROVEMENTS TO AIR TRANSPORTATION SERVICES." By unanimous consent, full reading of Resolution Number 3350 was waived. The City Manager reported that a communication had been received from the Mayor of Newport Beach requesting the City's support by resolution of an agreement between the City of Newport Beach and the County for immediate improvements to John Wayne Airport, and urging the County Board of Supervisors to approve the agreement. After brief discussion, Risner moved, second by Vanderstaay, to hold this matter over until the first meeting in March, pending receipt of additional information relating to the agreement. I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried RESOLUTION NUMBER 3351 - APPROVING ISSUANCE BY REDEVELOPMENT AGENCY - SINGLE FAMILY MORTGAGE REVENUE BONDS, 1984 and SINGLE FAMILY SUBORDINATED MORTGAGE REVENUE BONDS Resolution Number 3351 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH OF SINGLE FAMILY MORTGAGE REVENUE BONDS, ISSUE OF 1984 AND SINGLE FAMILY SUBORDINATED MORTGAGE REVENUE BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $17,000,000." By unanimous consent, full reading of Resolution Number 3351 was waived. Brownell moved, second by Grgas, to adopt Resolution Number 3351 as presented. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried RESOLUTION NUMBER 3352 - COMPLETION - SLURRY SEAL OF I HILL/COVE AREA STREETS - PROJECT NUMBER 539 Resolution Number 3352 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 1539, SLURRY SEAL OF STREETS IN HILL AREA AND COVE AREA, IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN ENGINEERING CORPORATION OF NORTH AMERICA AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3352 was waived. In response to 2-13-84 I Council, the Director of Public Works stated that the budget allocation for this project was approximately $22,000, noting that three to four streets had been added to the project in the Hill area. Councilmember Risner reported that the striping on Driftwood Avenue is not straight and requested that it be looked into. Mayor Grgas reported that a complaint had been received from a resident who ruined new shoes due to damp slurry seal in the alley, and inquired if residents are notified when slurry sealing is scheduled. Mr. Johnson stated notification is given for large projects but not for smaller ones, and suggested that resident may wish to submit a claim for the loss. Risner moved, second by Vanderstaay, to adopt Resolution Number 3352 as presented. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I RESOLUTION NUMBER 3353 - POLLING PLACES/ELECTION OFFICERS/ COMPENSATION - PRIMARY MUNICIPAL ELECTION - MARCH 27, 1984 Resolution Number 3353 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE PRIMARY NOMINATING MUNICIPAL ELECTION OF THE CITY ON TUESDAY, MARCH 27, 1984, CALLED BY ORDINANCE NUMBER 1161." By unanimous consent, full reading of Resolution Number 3353 was waived. Councilman Laszlo pointed out that there are only two polling places established within District Four. The City Clerk reported that the regular County election precincts have been consolidated into two City precincts which are centrally located within the consolidated area, and noted that the County does not consolidate precincts for the state and federal elections. Risner moved, second by Vanderstaay, to adopt Resolution Number 3353 as presented. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried CONSENT CALENDAR Councilmember Risner requested Items "L" and "u" removed from the Consent Calendar; Councilman Laszlo requested Item "s" removed and Mayor'Grgas requested Item "T" removed. Risner moved, second by Brownell, to approve the recommended action for items on the Consent Calendar, except Items "L, S, T and U", as presented. K. Approved the minutes of the regular City Council meeting of January 23, 1984. I M. Approved the minutes of the regular adjourned City Council meeting of February 1, 1984. N. Approved regular demands numbered 50865 through 51086 in the amount of $l,222,797.53 and payroll demands numbered 7882 through 8027 in the amount of $l20,554.04 as approved by the Finance Committee and authorized that warrants be drawn on the Treasury for the same. O. Denied the claim of Mildred L. Ferguson for auto damages. P. Denied the claim of Edward Raymond Butler for personal injuries and referred same to the City's liability attorney. 2-13-84 Q. Denied the claim of Jeannette M. Butler for loss of consortium and referred same to the City's liability attorney. R. Approved the five year agreement between the County of Orange and the City of Seal Beach for lifeguard subsidy, and authorized the Mayor to execute the agreement on behalf of the City. V. Accepted the resignation of Bob Griffith from the Citizens Participation Committee for Housing/Community Development Projects from Councilmanic District Three for the unexpired term ending July, 1984. I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "L" - MINUTES - JANUARY 24, 1984 The minutes were removed from the Consent Calendar for separate action since Mayor Grgas was absent from that meeting. Risner moved, second by Vanderstaay, to approve the minutes of the January 24, 1984 regular adjourned City Council meeting as presented. AYES: NOES: ABSTAIN: Brownell, LaSZlo, Risner, Vanderstaay None Grgas Motion carried ITEM liS" - AMENDING UNDERGROUND UTILITY ADVISORY COMMITTEE REPORT Councilman Laszlo inquired as to the status of assessing the property owner for a portion of the undergrounding cost. The Public Works Director stated that the Committee had been unable to determine how a property owner could be relieved of that responsibility, noting that Edison and General Telephone will underground up to the dwelling, however the cost of the receptical and the connection will have to be borne by the property owner. The Director verified that some residential properties will be affected in both Projects One and Two. Mr. Johnson reported that the Underground Committee is comprised of representatives from the Edison Company, General Telephone, and Group W Cable, as well as a representative from the City's Planning Department and the City Engineer. Councilmember Risner expressed concern with designating projects for underground funding past a ten year periOd and recommended that proposed projects Three and Four be eliminated at this time. Councilman Laszlo stated he would like undergrounding of COllege Park East considered as a future project. Mrs. Risner continued, suggesting that undergrounding of First Street be extended to Pacific Coast Highway. Mr. Johnson stated that extended undergrounding on First Street would be within the guidelines of the program, estimated the additional cost at $50,000, and explained that the 66KV line in that area will be undergrounded or abandoned at such time as the Hellman property is developed. Risner moved, second by Laszlo, to approve Undergrounding Projects One and Two, and extend the scope of Project One to extend First Street undergrounding to Pacific Coast Highway with the exclusion of the 66KV line. I I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried 2-13-84 Risner moved, second by Laszlo, to direct the Underground Committee to study inclusion of College Park East as a future undergrounding project. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I In response to Council, Mr. Johnson explained that a resolution will be forthcoming forming the district and setting forth all legal descriptions, that all property owners will be notified of the public hearing and which will most likely be in April, that the property owner will be informed of the estimated cost, and that it is staff's intent to meet with affected residents prior to the public hearing. I REPORT - PIER LEASE The Assistant City Manager reported that at Council's request, a survey was conducted regarding sportfishing, food, bait and tackle, and retail concessions on piers located in the Southern California area. Mr. Joseph stated that the survey showed that the Seal Beach agreement on the pier is in keeping with the surrounding areas, and based upon this information it is staff's recommendation that no action be taken to renegotiate the pier lease. The City Manager reported a communication had been received from Seal Beach resident, Jim Hagadorn, expressing six points relative to the pier lease, basically recommending reevaluation of the current lease, renegotiate or separate the two concession functions. The City Manager stated that subsequent to the pier damages various funding resources were investigated which included preparation of a proposal for a restaurant at the end of the pier which was distributed to at least three dozen seafood entrepreneurs, from which only two responses were received indicating no interest. Mr. Parker did report that a local group and a Seattle based concessionaire have indicated interest in locating a restaurant in the mid-section of the pier. Noting that the Seal Beach pier is a sportfishing pier rather than a commercial pier, that the coffee shop caters to the fishermen and the oil company employees, that there is no free or on-pier parking, therefore the general feeling is that a restaurant at the pier end would not be successful. Explaining that maintenance and upgrading of the existing facility (excluding the interior of the restaurant) is the responsibility of the City, Mr. Parker suggested that consideration could be given to making improvements to that facility. He reported that in conjunction with the pier restoration, a request had been submitted to FEMA to fund some improvements or upgrading in the restaurant area, however was denied. Mr. Parker stated that if the Council chose to improve the facility, funds could be borrowed from the Pier Enhancement Fund or another fund and repaid once the oil operation resumes. The City Manager verified that the Downtown Task Forces will be looking into enhancing the coffee shop and locating a restaurant in the mid-section of the pier. Members of the audience expressed their views for and against the present lease arrangement, upgrading of the coffee shop, replacement of interior facilities and appliances, and the tram operation. Mayor Grgas expressed his feeling that any upgrading of the present facility should be commensurate with the percentage of revenue increase. Risner moved, second by Brownell, to receive and file the report. Mayor Grgas clarified that it appeared to be the consensus of the Council to direct the staff to investigate upgrading of ----- I 2-13-84 the existing restaurant facility at some time in the future. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried SEAL BEACH CABLE COMMUNICATIONS FOUNDATION The Assistant City Manager explained that pursuant to the cable franchise agreement, the City receives an annual grant of $75,000 from Group W to be used for local origination and community promotion related to cable communications. Mr. Joseph reported that the grant has been received for the past two years, however there has not been a vehicle by which those funds can be distributed, therefore, the Seal Beach Cable Communications Foundation is proposed to be established. He noted that Articles of Incorporation and By-Laws were provided to Council for consideration as well as a memorandum from the City Attorney dealing with local origination programming. Mr. Joseph stated that the Foundation calls for a Council appointed five member Board of Directors with two year terms. The City Manager referred to the lengthy legal opinion from the City Attorney, advising specifically that the City Council should not act as a censor of any programming, setting apart the Council from the Foundation. The City Manager stated that it is his feeling that the Council would retain the responsibility to insure that this Foundation, to which the Council would appoint members and allocate funds, handles its activities in a responsible manner. The City Manager noted that the By-Laws, as written, grant such a degree of autonomy to the Foundation that once it is formed it could change its' own By-Laws, establish an office outside of the City and hire a full time staff. Mr. Parker reported that the City Attorney's office had confirmed that the Council has the authority to impose additional controls on the Foundation through the By-Laws. The City Manager stated that after Council discussion, he would revise his recommended action to refer this matter back to the staff and City Attorney for revision. Discussion followed with the City Council and staff recommending various amendments, revisions and clarifications to the Articles of Incorporation and By-Laws. With regard to the Articles of Incorporation, it was suggested a statement be added at the end of Article 2, page 2, to the effect that the "Corporation shall select the organizational and individual programs which primarily benefit the citizens of Seal Beach" and that Article 5, page 5, include language stating that "the Articles of Incorporation and By-Laws can be amended by the City Council." A member of the Council requested that page 1 of the By- Laws, Article I, Section 2, be amended clarifying that the main office and meeting place shall be in Seal Beach, and that the language of Article II, Members, be clarified. The City Attorney stated that under the California Nonprofit Corporation Act, directors are to be elected by members of the Corporation, with members of the Corporation typically being the incorporators, clarifing that under the Foundation Articles and By-Laws as drafted, the City Council is to appoint the directors, however, not the members of the Corporation. The City Attorney explained that Section 2(a), page 3, did not refer to the compensation of the board of directors but to those persons appointed by the directors. Mr. Strausz pointed out that under the By-Laws the Council may remove a director at any time, and stressed the fact that the intent of the Articles and By-Laws is to avoid the involvement of the City in the I I I 2-13-84 I operation of the Foundation or Corporation. with regard to Article III, Section 2(b), Mrs. Risner recommended revision to allow a change in location of the business office within the City of Seal Beach only, stating any location or conduct of business outside of the City would be unacceptable to her, and that all board meetings and annual meetings should be held within the City of Seal Beach. It was clarified that meetings would not be subject to provisions of the Brown Act as a private non-profit organization. Concern was expressed with language in Section 2(b) allowing conduct of business and holding of meetings anywhere within or outside the State of California, with the City Attorney explaining that this wording would allow a director to participate in a telephone conference meeting without subjecting a decision to challenge due to absence from that meeting. The City Manager expressed his concern regarding Section 2(d), page 4, with regard to indebtedness incurred by the corporation; the City Attorney suggested that the words "subject to approval by the City Council" be added. Councilman Brownell concurred, noting that it could be construed that the City Council has given authority to the Corporation to incur such indebtedness, therefore, a debtor could look toward the City for payment of same. Regarding Section 3, page 4, the City Manager stated it was his feeling that the number of directors should be divisible by five, whether or not appointees are by councilmanic district or at large. After brief discussion, it appeared to be the consensus of the Council that five directors would be sufficient. The City Attorney explained that Section 6, page 5, provided that a quorum could act in a situation that would preclUde interested directors from acting on an issue. Mrs. Risner stated she felt there should be no interested directors. Again, with regard to meetings by telephone, Section 7, page 6, a majority of the Council and the City Manager stated they did not see the need for nor approve of telephone meetings. Mayor Grgas suggested that language could be included that would refer specifically to emergency situations and specify what would be deemed an emergency. Objections were raised to the provision of Section 15, page 10, allowing the board of directors to establish their own compensation, with Council expressing their feelings that the directors should receive no or minimal compensation established by the City Council. The City Manager recommended that the last sentence of Section 15, "Nothing herein contained shall be construed to preclude any director from serving the corporation in any other capacity as an officer, agency, employee, or otherwise, and receiving compensation therefore", be deleted. Council inquired if the City is covered under the Indemnification provisions, Article VI, and it was further recommended that a member of the Council should not serve as a member of the board of directors. It was stated that the indemnification deals with private parties who become involved with private corporations, protecting against their personal liability. The City Attorney suggested that the City could require the corporation to obtain and maintain insurance for indemnification of the City, the cost of which could come from the $75,000 annual grant. Council expressed some concern about the premium cost for same as well as a ceiling for City indemnification. The City Manager suggested that once the Foundation is in place, coverage could be handled through a rider or through the City's own pOlicy. Mr. Brownell recommended that some language be included that would require any individual or group that involves itself in a production to provide a hold harmless coverage to I I 2-13-84 the City and the Corporation. Mayor Grgas inquired if the By-Laws required that a financial report of the Corporation be provided to the financial officer of the City so that an accounting is made of how the funds are expended. It was suggested that an annual audit be required by an outside auditing firm, a copy of the report to be provided to the City along with monthly bookkeeping reports. With regard to Section 9, page 23, Insurance, the City I" Attorney stated that this provision does not cover points raised by the Council relating to obtaining and maintaining insurance covering the City and any production company, however, stated he felt such provisions could be included in the By-Laws. Mayor Grgas stated he felt all of the Corporation records should be public and open for review, referring to page 26, Section 5. Members of the Council again expressed some concern with the authority of the Corporation to amend the By-Laws at their discretion without City Council approval. The City Attorney stated that those provisions that would be of particular concern could require approval of the City Council, as specified in Article IX, page 27, however cautioned that requiring approval for any change to the By-Laws could be viewed as that kind of control that ultimately could be determined that the Foundation is merely an extension of the City Council, a point which the By-Laws try to guard against. In reponse to Mayor Grgas, the City Attorney clarified that the board of directors could cause dissolution of the Corporation, the Council could remove the members of the Foundation, and upon dissolution the assets would then become assets of the City, and if desired, a new Foundation could be established. Brownell moved, second by Laszlo, to refer this item back 1 to the City Manager and the City Attorney for revision pursuant to Council's discussion. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried It was the order of the Chair with consent of the Council to take a brief recess at 8:38 p.m. Council reconvened at 8:54 p.m. with Mayor Grgas calling the meeting to order. PIER LIGHTING The Director of Public Works reported that a demonstration was held on January 27th showing the proposed lighting standard for the pier, which was attended by three members of the Council. Mr. Johnson stated that pursuant to that demonstration it appeared that a twelve foot rather than a fourteen foot standard would be appropriate, with the overall height of the fixture and globe equalling fourteen feet, seven inches. Mr. Johnson also reported that in further discussion with the lighting supplier, it was suggested that the lighting at the entrance of the pier be reduced to six or eight fixtures rather than twelve. The Director reported that the twelve foot fluted, tapered cast aluminum pole with a single globe costs $1000 each, and the double globe fixture is $1350. Risner moved, second by Laszlo, to approve the twelve foot lighting fixture as recommended. 1 AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Discussion continued regarding the number of double lighting fixtures necessary for adequate lighting at the pier 2-13-84 I entrance. The Director stated that whatever number of fixtures is selected by the Council, the lighting will be designed so that it will exceed the normal standards for lighting. Brownell moved, second by Grgas, to approve eight double globe standards at the entrance to the pier. Discussion continued. Counci1member Risner moved a substitute motion to approve the placement of ten double globe lighting fixtures at the pier entrance. Councilman Laszlo seconded the motion. Vote on the substitute motion: AYES: NOES: Grgas, Laszlo, Risner, Vanderstaay Brownell Motion carried REQUEST - CEWAER ANNUAL MEETING Laszlo moved, second by Grgas, to approve the request of Councilmember Vanderstaay to attend the CEWAER Annual Meeting in Sacramento, February 22 and 23, 1984. Councilmember Risner expressed her objection to the expenditure of City funds to attend this meeting. AYES: NOES: ABSTAIN: Grgas, Laszlo, Vanderstaay Risner Brownell Motion carried ORAL COMMUNICATIONS There were no oral communications. ADJOURNMENT Brownell moved, second by Vanderstaay, to adjourn the meeting at 9:12 p.m. I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Attest: of Approved: I