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HomeMy WebLinkAboutCC Min 1984-03-26 3-12-84 / 3-26-84 AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Approved: and ex-o J.CJ.O City Council of the I Att..., F}... .?{]if) CJ.ty C Seal Beach, California March 26, 1984 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Grgas calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Grgas Counci1members Brownell, Laszlo, Risner, Vanderstaay I Absent: None Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mrs. Yeo, City Clerk WAIVER OF FULL READING Risner 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. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried 1984 EMPLOYEE OF THE YEAR Mayor Grgas read in full Resolution Number 3359-A entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, I CALIFORNIA, HONORING STEVEN T. STOCKETT AS THE 1984 CITY EMPLOYEE OF THE YEAR." Mayor Grgas presented Resolution Number 3359-A to Mr. Stockett, with all members of the Council joining in extending congratulations and appreciation to Mr. Stockett. 3-26-84 PROCLAMATIONS Mayor Grgas proclaimed the week of April 2nd through April 8th, 1984 as "Cancer Awareness Week." The 19th day of May, 1984 was proclaimed "Armed Forces Day" by Mayor Grgas. I Mayor Grgas declared the week of April 29th through May 5th, 1984 as "Week of the Young Child." Mayor Grgas proclaimed the designation of TueSday, May 1, 1984 as "Law Day U.S.A." I PUBLIC HEARING - ESTABLISHING UNDERGROUND UTILITY DISTRICT 84-1 Mayor Grgas declared the public hearing open to consider establishing Underground Utility District 84-1. The City Clerk certified that notice of pUblic hearing had been published and mailed as required by law and that she had received no communications either for or against this matter. The City Manager reported that the City Council, on February 13th, had approved the undergrounding project of First Street between Pacific Coast Highway and Ocean Avenue and on Ocean Avenue between First Street and Tenth Street. Mr. Parker stated that all affected property owners had been notified of an informal meeting to discuss the undergrounding project, which was attended by four property owners, all of which supported the project. The City Manager stated that the total project cost is estimated at $395,000, with the cost to the property owner for the meter box and service connection between $200 and $500. Mr. Parker noted that the First, Eighth and Tenth Street beach parking lots will also be undergrounded at a minimal cost. Mrs. Risner inquired about the inclusion of private property located at the corner of First and Ocean. Mr. Compton, Edison Company, responded that the parcels on the north side of Ocean Avenue between First and Second Streets were included since there is no alternate means of providing utility services to those particular parcels. In response to Councilmember Vanderstaay, Mr. Compton stated the construction will take place in the area adjacent to the street curb, is expected to begin about January or February, 1985 and be completed within three to four months, prior to the summer season. There were no communications for or against this matter; Mayor Grgas declared the public hearing closed. RESOLUTION NUMBER 3359 - ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 84-1 Resolution Number 3359 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 84-l." By unanimous consent, full reading of Resolution Number 3357 was waived. Risner moved, second by Vanderstaay, to adopt Resolution Number 3359 as presented. I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried PROPOSED ORDINANCE NUMBER 1164 AND 1165 AND RESOLUTION NUMBER 3360 - ASSIGNMENT OF DISCRETIONARY FUNDS The City Manager presented the staff report, explaining that the City's revenues are assigned to one of two areas, those which are specifically mandated for a special purpose, and those which may be used for any general City purpose and may be assigned at the discretion of the Council. 3-26-84 Mr. Parker reviewed the eight existing funds which contain all the City's discretionary revenues and cash reserves: General Operating Fund; Cash Basis Fund; Vehicle Depreciation Fund; Liability Reserve Fund; Self-Insurer's Loss Reserve Fund (Workers' Compensation); Plant and Equipment Reserve Fund; Environmental Reserve Fund; and the Capital Project and Equipment Fund, and summarized several contradictions between existing ordinances and actual practice. Mr. Parker recommended the following for Council consideration: 1) that the Vehicle Depreciation Fund be abolished and the remaining balance ($188,970) be returned to the General Operating Fund; 2) that the Plant and Equipment Reserve Fund be abolished and the remaining balance ($972,950) be placed in the Cash Basis Fund, with any outstanding debts to the Plant and Equipment Fund repaid to the Cash Basis Fund; 3) that the mandated year end balance of the Cash Basis Fund be increased from $600,000 to $1,000,000, and that all monies in excess of that amount, both principal and interest, accrue to the General Operating Fund; 4) that the Liability Reserve Fund be decreased from -$384,380 to $309,100, with the difference ($75,280) being returned to the General Operating Fund; and 5) that the Workers' Compensation Reserve Fund be increased from $203,180 to $227,950, $24,770 transferred from the General Operating Fund. The City Manager stated that while certain funds were created for specific purposes, they have not been used for those purposes in several years, which in turn distorts the balance of the General Operating Fund. He noted that the Council had been provided with a fund balance sheet reflecting balances if the recommendations are enacted. Mr. Parker stated that the end result of the recommended actions is that it would create a non-recurring revenue source which would, in his opinion, alleviate the need to continue the Lighting and Landscaping Assessment District regardless of whether or not the Motor Vehicle In-Lieu Funds are forthcoming from the State. In response to Council, the City Manager explained the function of the Cash Basis Fund, stated that it is felt the changes would have a minimal effect on a TRAN issue, and on the Gann limitation, nor on earned interest as long as the funds are not budgeted and spent. Counci1member Risner stated she felt action on the recommendations should be delayed, expressed her concern that such action could eliminate or reduce the City's ability to issue a TRAN, referred to the MSI recommendation to depreciate the City's plant and equipment and set aside a specific amount of money from current revenues each year, an amount she considered unreasonable, and stated she was not certain the Vehicle Depreciation Fund should be eliminated. Mrs. Risner expressed her concern that comingling of money already appropriated from current and future taxes may create a problem under Gann, and requested a written opinion from the City Attorney regarding the recommended action as it relates to Proposition Four, and a report from the Finance Officer addressing the City's ability to borrow funds as a tool for earning money if funds are placed in the Cash Basis Fund as recommended, and that an opinion be obtained from bond counsel relative to a TRAN issue. Councilmember Brownell concurred, stating he had similar questions and concerns regarding Proposition 4 and TRAN. Councilmember Laszlo stated he strongly supported the recommendations regarding discretionary funds, and objected to a delay in taking action. Mayor Grgas also spoke in favor of the recommendations as proposed. Risner moved, second by Brownell, to postpone this item for two weeks p~nding the preparation of written reports and opinions as requested. I I I 3-26-84 It was noted that according to bond counsel, revlslng the City's funds as proposed could affect the size of a TRAN, however with the numerous variables it is felt an issue could be accomplished with neglible effect. The City Attorney stated he could foresee no problems relating to Proposition Four, and offered to have Bond Attorney Strausz report back on the status of TRAN's on the federal level. I Vote on the motion to hold this item over for two weeks: AYES: NOES: ABSTAIN: Brownell, Risner, Vanderstaay None Grgas, Laszlo Motion carried PROPOSED ORDINANCE - ESTABLISHING PROCEDURE - MODIFICATION OF ESTABLISHED EMPLOYEE REPRESENTATION UNITS Risner moved, second by Brownell, to remove from the agenda the proposed ordinance entitled "AN ORDINANCE OF THE CITY OF SEAL" BEACH, ESTABLISHING A PROCEDURE FOR MODIFICATION OF ESTABLISHED EMPLOYEE REPRESENTATION UNITS AND AMENDING THE CODE OF THE CITY OF SEAL BEACH", as requested by the City Manager. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I RESOLUTION NUMBER 336l - STREET LIGHTING and LANDSCAPING ASSESSMENT DISTRICT NO.1 Resolution Number 3361 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATES, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA." By unanimous consent, full reading of Resolution Number 3361 was waived. The City Manager presented the staff report prepared by the Director of Public Works, stating that according to preliminary 1984/85 budget analysis, if State legislation is approved restoring the motor vehicle in-lieu fees, $540,000 would be forthcoming to the City, funds that were not received in fiscal year 1983/84, therefore the Street Lighting and Landscaping District would not be necessary. It was pointed out that the proposed 1984/85 capital improvement budget includes funding of $574,600, therefore if the in-lieu fee legislation is not approved, the Capital Improvement Program would be reduced to approximately $130,000 if the Assessment District is not renewed. The City Manager stated that if Council approves the recommendations relating to the discretionary funds, the Assessment District would not be necessary this year, therefore suggested that this item also be continued until next meeting. Mr. Parker reviewed the time schedule for continuing the Assessment District. Risner moved, second by Brownell, to hold this item over for two weeks. I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried RESOLUTION NUMBER 3362 - SUPPORTING SENATE BILL 1622 - SENIOR ADULT HOUSING AGE LIMITATION Resolution Number 3362 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SUPPORTING SENATE BILL l622." By unanimous consent, full reading of Resolution Number 3362 was waived. The Assistant City Manager reported that SB 1622 (Torres) has been introduced which would permit age restriction 3-26-84 for senior housing were existing covenants, conditions and restrictions exist as in the case of Seal Beach Leisure World. He stated SB 1622 would change existing law which prohibits age discrimination to permit the enforcement of age restrictions for persons 45 years and older, therefore permitting adult housing such as Leisure World to continue under present regulations. Counci1member Brownell explained that the proposed resolution is being requested due to I concern arising from a Supreme Court decision which outlawed age discrimination, noting that it is felt the intent of the ruling was not meant to affect Leisure World type communities. Brownell moved, second by Risner, to adopt Resolution Number 3362 as presented. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried RESOLUTION NUMBER 3363 - FINAL PARCEL MAP NO. 83-1001 Resolution Number 3363 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING FINAL PARCEL MAP NO. 83-1001." By unanimous consent, full reading of Resolution Number 3363 was waived. The City Manager reported that it has come to staff's attention that a local law, in existance since 1955, requires all subdivisions to have separate water meters, however, with one exception, the City has not imposed this condition since 1966. Mr. Parker stated that the water meter requirement will be presented to the Council for consideration at next meeting, therefore recommended continuance of Final Parcel Map No. 83-1001 until this matter is resolved. Brownell moved, second by Vanderstaay, to hold consideration of Final Parcel Map No. 83-1001 over until next meeting. Mrs. Lawlor, the property owner, addressed the Council I regarding approval of the Final Parcel Map, stating that they had been informed the only requirement prior to approval of the Map was that the curb be replaced. The City Manager explained that the law, as it now exists, requires separate meters, and that continuance of action on the Final Map is advised pending resolution of this matter by the Council. (See further action on this item at the end of the meeting). Vote on the motion to hold this item over for two weeks: AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried CONSENT CALENDAR - ITEMS "M" THROUGH "Q" Mayor Grgas requested that Item "P" be removed from the Consent Calendar. Laszlo moved, second by Risner, to approve the recommended action for items on the Consent Calendar as presented, except Item "P". N. Approved regular demands numbered 51405 through 5l57l in the amount of $544,885.31 and payroll demands numbered 8316 through 8463 in the amount of $119,646.81 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for the same. I O. Bids were received until 10:00 a.m. on March 16, 1984 at which time they were publicly opened by the City Clerk for Edison Park Sprinkler System Improvements, 1984, Project Number 536, as follows: 3-26-84 I Allied Sprinkler Company L & M Plumbing Toyo Landscaping Company California Engineering Biltmore Sprinkler Company A1-Mac Irrigation FAV Engineering $23,300.00 24,300.00 24,455.00 25,600.00 25,952.00 30,659.00 32,635.00 Awarded the bid to the low bidder, Allied Sprinkler Company, Inc. in the amount of $23,300.00, rejected all other bids and authorized the City Manager to execute the contract on behalf of the City. Q. Approved a year extension for the Surfs ide Revetment I payment, ten percent interest payable monthly during the year periOd, directed the City Attorney to prepare an appropriate amendment to the Agreement with Surfside Colony, and authorized the City Manager to execute said agreement on behalf of the City. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR 1 ITEM "P" - PARKING AGREEMENT - OLD TOWN BUSINESS ASSOCIATION Pursuant to Council direction, the City Manager reported he met with the Downtown Merchants Association regarding the use and annual fee for parking in the Eighth Street parking lot. Mr. Parker stated the written response from the Association had been provided to the Council. He explained that it is felt that if the parking sticker fee is substantially increased, the Main Street employees will not purchase the stickers and resume on-street parking. The City Manager recommended a twenty percent increase for the parking stickers, from $25 to $30 annually. The Mayor asked if there would be a way to pass the cost on to the employer rather than the employee. The City Manager noted that a comparison had been made to the cost of a residential parking sticker, $5.50 annually, versus the $25 fee for employees utilizing the lot, and suggested that a parking fee could be added to the business license or a parking assessment district could be formed. He reported approximately sixty stickers are sold annually for the forty-four available spaces and pointed out that the $25 fee does cover the cost of maintaining the lot. It was suggested that consideration could be given to another adjustment of the parking fee next year. Discussion continued with members of the audience expressing their views. The City Manager confirmed that the Downtown Task Force had discussed parking at their last meeting. He reported that there was agreement by consensus that two- story development on Main Street should be encouraged within the existing height limitations, with a recognition that such development could not take place if it is necessary to adhere to the strict parking requirements currently in place, that some on-site parking would be mandatory, that lots and trash bins would have to be cleared behind businesses to provide for common parking areas, and that a two-story parking structure should be considered for the Eighth/Central lot sometime in the future given available funding, and reported the Task Force recommended against merchant/employee parking in the beach lots. Mr. Parker also reported that in meeting with the Merchants Association I' 3-26-84 it was concluded that more parking enforcement is needed in the downtown area. The City Manager recommended that the agreement be extended for a period of six months with an annual parking sticker fee of $30, pending the recommendations forthcoming from the Task Forces. Brownell moved, second by Grgas, to approve the parking agreement for six months as recommended by the City Manager, establishing the parking sticker fee for that period at $l5. I AYES: NOES: Brownell, Grgas, LaSZlo, Risner, Vanderstaay None Motion carried CITY MANAGER COMPENSATION Councilmember Laszlo requested that this item be held over until next meeting. Councilman Brownell seconded the motion. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried COUNCIL CHAMBER USE The City Manager referred to Resolution Number 2421, established policy for use of City Council Chambers, restricting the use to City Council, boards and commissions, and only other governmental agencies. Mr. Parker reported that Mayor Grgas had requested Council reconsideration of the existing policy, stemming from the recent denial of Council Chamber use to the League of Women Voters for a local candidate's forum. After discussion, Councilmember Risner moved to allow certain groups the use of Council Chambers during business hours, Monday through Friday, subject to the approval of the City Manager, and that a resolution to that effect be prepared for Council consideration. Councilman Brownell seconded the motion. I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried RECONSTRUCTION OF SEAL BEACH PIER - FINANCING The City Manager reported that the State Coastal Conservancy, at their regular meeting of March 22, 1984, gave the City an $88,000 grant towards the pier reconstruction project. As requested by Council, the City Manager reported that the pier reconstruction funding is now as follows: F.E.M.A., $l,142,000; Wildlife Conservation Board, $274,000; Coastal Conservancy, $88,000; Orange County Harbors, Beaches and Parks, $190,000; Save Our Pier Group, $l30,000; with $43,000 currently unfunded. Mr. Parker clarified that monies not designated for reconstruction are contained in the Pier Enhancement Fund. ORAL COMMUNICATIONS Mayor Grgas declared oral communications open. Acknowledging the recent birth of a son to City Manager and Mrs. Parker, the Mayor and members of the Council offered their congratulations and presented a gift to Mr. Parker for baby MacIntyre. Mr. Jim Hagadorn, 408 Emerald Place, I requested public notification when important issues are being considered, and requested that the press cover discussions taking place at the Task Force meetings, with specific reference to a restaurant on the pier. The City Manager explained that when the Task Force meetings are concluded, their recommendations will be embodied in a report to the Planning Commission and the City Council, with several matters requiring a public hearing. Councilmember Risner stated she had requested, through 3-26-84 the City Manager, that the Finance Director pursue preparation of another TRAN. Noting that the following day is the municipal election, Mayor Grgas extended his personal best wishes to all candidates and urged residents of Districts Two and Four to exercise their rights by voting. I Mrs. Lawlor, 1733 Bayou Way, requested relating to Final Parcel Map 83-1001. by Brownell, to reconsider Agenda Item further discussion Risner moved, second "M". AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I RESOLUTION NUMBER 3363 - FINAL PARCEL MAP NO. 83-1001 Mrs. Lawlor stated that she and her husband had been informed that the Final Map would be approved this evening providing that all conditions had been met. Mrs. Lawlor confirmed that all conditions have been met, and expressed her objection to postponing final action due to a law that has not been enforced for years. Mrs. Lawlor stated further that the subject property is now under foreclosure due to the delay of this final action. The City Attorney explained that a legal challenge could be pursued by approving this item without complying with the law requiring separate water meters, stated he would recommend amending or deleting that law prior to final action, even though this requirement of the City Code has not been enforced. Mr. Stepanicich pointed out that the approved Tentative Map did not impose the separate water meter condition, that all other conditions of approval have been complied with, and stated it would be at the discretion of the Council to act on this matter at this time. Risner moved, second by Grgas, to approve Resolution Number 3363 as presented. Discussion continued. Vote on the motion to approve: AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Mitzi Morton, 13th Street, referred to recent Planning Commission action imposing the water meter requirement as a condition. The City Manager explained the Planning Commission was considering a Tentative Map for a condominium conversion, that the Commission did impose the meter condition, and that the applicant will be appealing that action to the City Council. There were no other oral communications; Mayor Grgas declared oral communications closed. CLOSED SESSION Laszlo moved, second by Vanderstaay, to adjourn to Closed Session at 8:29. The meeting reconvened at 8:35 with the City Attorney reporting the Council had discussed pending litigation. I ADJOURNMENT Laszlo moved, second by Risner, to adjourn the meeting to Tuesday, April 3, 1984 at 7:00 p.m. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried The meeting adjourned at 8:36 p.m. 3-26-84 / 4-3-84 clerk of the APProved'~~~ ayor - I Attest: Seal Beach, California April 3, 1984 The City Council of the City of Seal Beach met in regular adjourned session at 7:04 p.m. with Mayor Grgas calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Grgas Councilmembers Brownell, Risner, Vanderstaay I Absent: Councilmember Laszlo Also present: Mrs. Yeo, City Clerk WAIVER OF FULL READING Vanderstaay moved, second by Brownell, 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, Grgas, Risner, Vanderstaay None Laszlo Motion carried RESOLUTION NUMBER 3364 - DECLARING RESULTS - PRIMARY MUNICIPAL ELECTION - MARCH 27, 1984 Resolution Number 3364 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RECITING THE FACTS OF THE PRIMARY NOMINATING MUNICIPAL ELECTION HELD IN THE CITY OF SEAL BEACH ON THE 27th DAY OF MARCH, 1984, DECLARING THE RESULTS THEREOF, I AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW." By unanimous consent, full reading of Resolution Number 3364 was waived. Risner moved, second by Vanderstaay, to adopt Resolution Number 3364 as presented. AYES: NOES: ABSENT: Brownell, Grgas, Risner, Vanderstaay None Laszlo Motion carried