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HomeMy WebLinkAboutCC Min 1982-10-25 10-11-82/10-25-82 at Seal Beach Boulevard to the Safeway Center. Councilman Brownell requested a status report from the City Manager regarding the Old City Hall, the hotel development on the Department of Water and Power property, the water tower and the proposed commercial development on I the Bixby Ranch property. ORAL COMMUNICATIONS There were no oral communications from the audience. ADJOURNMENT Laszlo moved, second by Risner, to adjourn the meeting at 8:50 p.m. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried erk and ex-officio each City Council I Approved: 'W~l N'~A.L\To. ~ Mayor '"\. Attest: Seal Beach, California October 25, 1982 The City Council of the City of Seal Beach met in regular session at 7:38 p.m. with Mayor Vanderstaay calling the meeting to order with the Salute to the Flag. ROLL CALL: Present: Mayor Vanderstaay Councilmembers Brownell, Grgas, Laszlo, Risner I Absent: None Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Johnson, City Engineer/Director of Public Works Mrs. Yeo, City Clerk 10-25-82 WAIVER OF FULL READING Risner moved, second by Grgas, 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 Council members after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. I AYES: NOES: AGENDA AMENDED Laszlo moved, second by Brownell, to amend the agenda to consider Item "K", a report regarding Surfside beach erosion, out of order as the first item of business. Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried AYES: NOES: REPORT - SURFS IDE The City Manager reported that due to the lack of remaining sand at Surfside and the approaching storm season, that staff had requested proposals from qualified contractors for the placement of emergency riprap at Surfside and reported that three proposals had been sub- mitted. Mr. Parker introduced Mr. James Walker of Moffatt & Nichols, Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I Engineers, who gave a visual presentation of the emergency protection proposed for Surfside, described the type of materials to be used in construction of the temporary revetment and noted it would be con- structed entirely on Surfs ide Colony property. Mr. Walker stated the beach is presently at the property line of the first house and based upon past erosion rates at Surfs ide it is conceivable that several houses could be lost within a year if emergency measures are not taken. The City Manager reported that from the proposals received it is reasonable to estimate the total cost to construct riprap would be $217,000. The City Manager referred to the immediate problems of financing the project and establishing a means by which the City can be reimbursed for its costs. Mr. Parker reported that according to the Finance Director, forty percent of the City's property tax payment ($600,000) will be received in December, $217,000 of which could be I 10-25-82 I used to fund the project, noting that it appears it would be possible to defer payment to the contractor until that time. Mr. Parker continued, stating that should the Council appropriate the $217,000 expenditure, the City could loan the funds to the Agency to be repaid in the future from tax increment funds should Surfside become a Redevelopment Project Area. The City Manager explained that the total estimated cost for the shoreline protection would be $250,000 which includes $33,000 of the $100,000 Council approved emergency funds expended to date. Mr. Parker explained that there are three methods by which the City could be reimbursed for its expenditures at Surfside: I) by tax increment monies derived from the establishment of a Surfside Redevelopment Project; 2) an agreement between the City and Surfs ide Colony calling for a fifty percent reimbursement by the Colony to the City for all costs incurred; and 3) through County augmentation funds. Mr. Parker explained that he had been contacted by the County's Chief Administrative Officer and Supervisor Wieder's office regarding the possibility of allocating 1983-84 County augmentation funds, which are available to assist special districts, to the Surfside shore protection. Council briefly discussed proposals submitted by potential contractors, calculation of the labor and material costs as well as the projected construction time frame. The City Manager stated a fourth alternative for financing the project could be considered, where the City would place a lien on properties owned by the Colony and that it would be possible for the Colony to use those properties as collateral to secure the funds to construct the revetment, hence- forth the City could condemn the wall as a public improvement and by agreement with the Colony pay them for their construction loan plus interest, with the City being repaid in the future by tax increment or County augmentation funds. The City Manager noted that the City however, would have the opportunity to secure a construction loan at a lower interest rate than the Colony, therefore reducing overall costs. Councilmember Brownell expressed concern that formal agreement had not yet been reached with Surfside to repay the City for fifty percent of those costs already incurred and recommended that that be I I 10-25-82 accomplished prior to further actions or commitment of additional funds, explaining that he was hesitant to obligate property tax revenues intended for general fund use and suggested further action be delayed for additional study. Councilmember Grgas referred to potential revenue losses to the City should Surfs ide homes be destroyed and stated it was his understanding that estimates of increased tax increment to the City as a result of a Redevelopment Project Area would be more than adequate to repay the City for the project costs in a relatively short time. In response to Council- member Risner, the City Manager stated that should the $217,000 be allocated to this project, the Plant and Equipment fund would be reduced by $250,000 in the approved 1982-83 budget. Councilmember Risner expressed concern regarding previous loans to the Agency for specific projects and repayment of same, noting that the Council had not been provided with projected tax increment information should Surfs ide become a Redevelopment Project Area, and urged that a commitment be sought from the Board of Supervisors for augmentation funds for this project. The City Manager reported that based upon the current market, normal inflation rise and current proposed remodeling in the Surfs ide area, the minimum tax increment could be estimated to be $30,000 annually. The City Manager reiterated that the funds requested are to construct a temporary revetment until the Anaheim Bay dredging project commences and that construction of a permanent revetment is not being considered at this time. Councilmember Laszlo suggested that should the Council appropriate the construction funds, that Surfside be required to pay interest to the City at the earliest possible time. It was confirmed by the City Attorney that since the Agency had selected Surfside as a Redevelopment Survey Area and had adopted a draft Redevelopment Plan,' it is legal for the Agency to expend funds and enter into a reimbursement agreement with the City. Mr. Laszlo suggested that should the Surfside Redevelopment Project Area not be approved, Surfside be required to assume the balance of the construction costs. With regard to County augmentation funds, the City Manager explained that they are State regulated funds carrying specific rules for their use, and offered to write a letter to the I I I 10-25-82 County Chief Administrative Officer and the Board of Supervisors seeking commitment of 1983-84 funds for the Surfside project. A motion was made to adopt the recommendations as set forth in the memorandum from the City Manager and Director of Public Works. The I City Attorney recommended each action be taken separately; the motion on the floor was withdrawn. Grgas moved, second by Laszlo, to appropriate $217,000 from the Plant and Equipment Fund to pay for the Surfside shoreline protection proj ect. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3222 - APPROVING PAYMENT BY THE AGENCY - PUBLIC IMPROVEMENTS - SURFSIDE COLONY Resolution Number 3222 was presented to the Council by the City Attorney entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING PAYMENT BY THE AGENCY OF ALL OR PART OF THE COST OF CERTAIN PUBLIC IMPROVEMENTS." By unanimous consent, full reading I of Resolution Number 3222 was waived. The City Attorney amended Section 2, second sentence to read ".. .the City Council" rather than "Agency" and subsequent to Council discussion Section I of Resolution Number 3222 was amended to add the words "...provided that such costs shall not exceed $250,000." Risner moved, second by Brownell, to approve the amendments to Resolution Number 3222 as stated. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Risner moved, second by Laszlo, to approve Resolution Number 3222 as amended. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried I LOAN AGREEMENT - CITY/REDEVELOPMENT AGENCY Risner moved, second by Grgas, to approve an amendment to Section I of the Agreement, adding the words "...not to exceed a cost of $250,000" as recommended by the City Attorney. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried 10-25-82 Grgas moved, second by Risner, to adopt the Loan Agreement between the City of Seal Beach and the Redevelopment Agency of the City of Seal Beach regarding erosion and flood control improvements as amended. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried AGREEMENT - CITY/SURFSIDE COLONY Mr. Joe Rullo, President, Surfside Board of Directors, stated that the Agreement as proposed was satisfactory to the Colony. It was the order of the Chair with consent of the Council to declare a brief recess at 9:12 p.m. as requested by the City Attorney. The meeting reconvened at 9:23 p.m. with Mayor Vanderstaay calling the meeting to order. The City Attorney recommended that the Agreement with Surfside be amended as follows: I) a new Section B be added to the Recitals to read "On October 25, 1982 the City Council of the City of Seal Beach authorized construction of an emergency riprap provided that the cost of all emergency work and improvements at or adjacent to Surfside Colony does not exceed a cost of $250,000; 2) Section B to become Section C; 3) Section I, Reimbursement, be changed to reflect the amount of "125,000"; 4) that a new Section 5 be added entitled "Easement" to read "Homeowners shall grant the City any necessary easements for beach erosion abatement prevention work"; 5) that the remaining sections of the Agreement be renumbered; and 6) that the City Attorney be authorized to prepare a final clause that would provide for reimbursement by the Colony if tax increment funds are not adequate or if County augmentation funds are not forthcoming to cover the cost of improvements. It was the consensus of the Council to postpone final action on the Agreement with Surfs ide until next meeting when all revisions have been made, and allowing the City Attorney an opportunity to review the Surfside Articles of Incor- poration and CC & R's. It was the consensus of the Council to post- pone consideration of other Surfs ide related items until the end of the remaining agenda items. I I I 10-25-82 APPOINTMENT - PROJECT AREA COMMITTEE Councilmember Grgas nominated Mr. Jack Haley, 404 Ocean Avenue, to the Project Area Committee as a business representative for a term of one year. Risner moved, second by Laszlo, to approve the appointment. I AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried ORDINANCE NUMBER 1131 - UTILITY USERS TAX EXEMPTION The City Manager reported that the proposed ordinance had been revised changing the effective date of exemption, therefore requiring it to be considered for first reading. Ordinance Number 1131 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO THE UTILITY USERS TAX AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance Number 1131 was waived. Brownell moved, second by Risner, to approve the introduction of Ordinance Number 1131 and that it be passed to second reading. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay I NOES: None Motion carried RESOLUTION NUMBER 3219 - NUCLEAR WEAPONS FREEZE Resolution Number 3219 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, COMMENDING THOSE WHO WOULD ASSIST IN BRINGING ABOUT A NUCLEAR WEAPONS FREEZE." By unanimous consent, full reading of Resolution Number 3219 was waived. Councilmember Brownell expressed opposition to the proposed resolution and moved that no action be taken by the Council. Council- member Risner seconded the motion, also expressing opposition. AYES: Brownell, Risner NOES: Grgas, Laszlo, Vanderstaay Motion failed Grgas moved, second by Vanderstaay, to adopt Resolution Number 3219 I as presented. AYES: Grgas, Laszlo, Vanderstaay NOES: Brownell, Risner Motion carried RESOLUTION NUMBER 3220 - COMPLETION - PROJECT NUMBER 510 - PHASE I, SEAL BEACH BOULEVARD OVERLAY Resolution Number 3220 was presented to Council entitled "A RESOLUTION 10-25-82 OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT 510, PHASE I, SEAL BEACH BOULEVARD OVERLAY, IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN R. J. NOBLE CO. AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3220 was waived. Risner moved, second by Grgas, to adopt Resolution Number 3220 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3221 - POSITION CLASSIFICATION PLAN Resolution Number 3221 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE, CITY OF SEAL BEACH ADOPTING AN AMENDED POSITION CLASSIFICATION PLAN." By unanimous consent, full reading of Resolution Number 3221 was waived. Brownell moved, second by Risner, to adopt Resolution Number 3221 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried CONSENT CALENDAR I Councilmember Risner requested Item "H" removed from the Consent Calendar and Councilmember Grgas requested Item "J" removed. Laszlo moved, second by Risner, to approve the recommended action for items on the Consent Calendar as presented except Items "H and J". F. Approved the minutes of the regular Eity Council meeting of October 11, 1982. G. Approved regular demands numbered 45869 through 46081 in the amount of $468,248.41 and payroll demands numbered 2628 through 2770 in the amount of $120,421.99 as approved by the Finance Committee and directed that warrants be drawn on the Treasury for the same. I. Endorsed the "Christmas on the Green Program" for 1982. I I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried 10-25-82 Items Removed From the Consent Calendar ITEM "H" - PARKS and RECREA.TION COMMISSION - REGULAR MEETINGS Councilmember Risner requested clarification of the new meeting day; the City Manager stated the Commission had established the second I Wednesday of each month as their regular meeting day. Risner moved, second by Grgas, to receive and file the memorandum from the Recreation Director and the Parks and Recreation Commission resolution. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried ITEM "J" - PARKING SURVEY Councilmember Grgas referred to the parking survey taken on 13th through 17th Street between Landing and Electric Avenues and the results thereof and that based upon the survey the staff had recom- mended revised parking restrictions on certain streets. Brownell moved, second by Vanderstaay, that parking restrictions be modified on 13th and 16th Street pursuant to the Survey, removing the one I hour posted parking. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried SURFSIDE (Continued) RESOLUTION NUMBER 3223 - WAIVING BID REQUIREMENTS - EMERGENCY WORK - SURFS IDE Resolution Number 3223 - was' presented",toUCotincil and read in full by the City Attorney entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING CERTAIN EMERGENCY WORK TO BE DONE ADJACENT TO SURFS IDE COLONY WITHOUT ADVERTISING FOR BIDS, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH." Risner moved, second by Grgas, to adopt Resolution Number 3223 as presented. EMERGENCY PROJECT CONTRACT - SURFSIDE I Grgas moved, second by Risner, to authorize the staff to negotiate and execute a contract for Surfs ide emergency shore protection in an amount not to exceed $217,000. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried 10-25-82 ORAL COMMUNICATIONS Mayor Vanderstaay declared oral communications open. Barbara Rountree, 1527 Marine Avenue, stated she felt the public should be informed when new items are presented for Council consideration. The City Attorney stated that certain items were presented and copies provided to the City Council and the City Clerk at the meeting, that copies are available to the public upon request and that ,henceforth additional copies will be made available at the meeting. Mr. Rullo, Surfside, expressed appreciation to the Council for their actions on behalf of the Surfside Colony. There were no other oral communications; Mayor Vanderstaay declared oral communications closed. CLOSED SESSION Laszlo moved, second by Grgas, to hold the Closed Session over to next meeting. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: Motion carried None ADJOURNMENT Brownell moved, second by Grgas, to adjourn the meeting at 9:58 p.m. , AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: Motion carried None APproved:\.\)~. ~l_~o"....- ~'.Mt-C)..~ Mayor ~ ~ Attest: I I I