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HomeMy WebLinkAboutCC Min 1983-03-28 3-14-83 / 3-28-83 that service calls from Leisure World residents be referred to the Seal Beach office, and discussed the Leisure World system upgrading which is anticipated to be completed within four weeks. Councilmember Risner expressed appreciation to Group W for their $1000 donation to the Save Our Pier fund. Mr. Jack Smith, 1405 Seal Way, expressed his I complaint that the trash collector was not picking up certain trash containers, referring to their weight and size. The Director of Public Works stated he would discuss this matter with Mr. Smith. There were no other oral communications; Mayor Vanderstaay declared oral communications closed. ADJOURNMENT Laszlo moved, second by Brownell, to adjourn the meeting at 8:28 p.m. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried I APproved:~\~Q~L- rJ ~k~ Mayor <:! ",,'" 9&".ll2,C r/) ity Clerk p Seal Beach, California March 28, 1983 The City Council of the City of Seal Beach met in regular session at 7:05 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, Director of Public Works/City Engineer Chief Picas cia, Police Department Mrs. Yeo, City Clerk , 3-28-83 WAIVER OF FULL READING Grgas moved, second by Laszlo, 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 I the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried PROCLAMATIONS Mayor Vanderstaay proclaimed the week of April 4 through April 10, 1983 as "Cancer Awareness Week." Mayor Vanderstaay proclaimed and endorsed the "Great California Resource Rally" to be held the week of April 18 through April 24, 1983. Mayor Vanderstaay proclaimed the month of April 1983 as "Handicapped Awareness Month." I CONTINUED PUBLIC HEARING - PERSONNEL RULES Mayor Vanderstaay declared the continued public hearing open to consider adoption of revised Personnel Rules for the City of Seal Beach. The Assistant City Manager reported that the revised Personnel Rules had been prepared with the assistance of the City Attorney's office, had been agreed to by the employee organizations and had been forwarded to the Council by the Civil Service Board recommending approval. Mr. Joseph reported that the revised Rules update and replace those adopted in 1964 as well as bring them into conformance with State law, deletes those provisions contained in the Memorandums of Understanding that are subject to annual review, and it was clarified the revised Rules do not impose any new rules upon personnel. Council briefly discussed Rule VIII, Medical Evaluation Procedures, upon the request of a department director. There were no other communications for or against this matter; Mayor Vanderstaay declared the public hearing closed. RESOLUTION NUMBER 3254 - ADOPTING PERSONNEL RULES Resolution Number 3254 was presented to Council entitled "A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING PERSONNEL RULES FOR I 3-28-83 THE CITY AND RESCINDING RESOLUTION NUMBER 1348." By lDlanimous consent, full reading of Resolution Number 3254 was waived. Grgas moved, second by Risner, to adopt Resolution Number 3254 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3256 - COMMENDING POLiCE DEPARTMENT MEMBERS - 1983 POLICE WINTER OLYMPICS Resolution Number 3256 was presented to Council and read by Mayor Vanderstaay entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING MEMBERS OF THE SEAL BEACH POLICE DEPARTMENT WHO PARTICIPATED IN THE 1983 POLICE WINTER OLYMPICS", (Sergeant Kenneth Mollohan, Officer Gregory Young, and Officer Kevin Vilensky). Grgas moved, second by Risner, to adopt Resolution Number 3256 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3257 - TERMINATING LOCAL EMERGENCY Resolution Number 3257 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, TERMINATING A LOCAL EMERGENCY AND RESCINDING RESOLUTION NUMBER 3244." By unanimous consent, full reading of Resolution Number 3257 was waived. Grgas moved, second by Risner, to adopt Resolution Number 3257 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried The City Manager presented the Council with an update report of estimated beach and pier reconstruction costs based upon the structural survey conducted by Don Hellmers Engineering and the City Engineer'S estimate of other storm related damages. More specifically, Mr. Parker reviewed the two recommendations presented as follows: Recommendation No.1, to replace the timber pier in- kind, $1,160,000, repair remaining damaged pier end section, $315,000, institute mitigating measures to increase piling diameters and use pipe braces, $45,000, replace utility systems, $170,450, appurtenant pier structures (catwalks, landings, buildings, etc.), I I I 3-28-83 I $256,000, provide engineering and inspection (7%), $136,250, repair/ replacement of the beach areas, $205,500, for a total replacement cost of $2,288,200; and Recommendation No.2, to demolish the remaining, damaged pier end section and rebuild the timber pier, $1,800,000, implement mitigating measures of increasing piling diameters, use pipe braces and construct the pier five feet higher, $100,000, replace utility systems, $170,450, appurtenant structures, $256,000, engineering and inspection (7%), and beach area repair/replacement, $205,500, for a total replacement cost of $2,694,800. The City Manager stated that the city's share of the estimated replacement costs for Recommendation No.1 would be $605,800 and for Recommendation No.2, $748,700, that the city's cost estimates are subject to discussions with FEMA and that it is unknown whether or not the federal government would allow reconstruction of the damaged end portion of the pier. It was clarified that the estimated repair costs include the beach parking lots as well as pier design, also that the deck of the damaged municipal pier was twenty-two feet high, that an increased height of the pier would be recommended as a mitigating measure against future storm damage, noting that specific height recommendations will be made during the detail design phase of the pier. It was also pointed out that Hellmers Engineering had provided a cost estimate for construction of a concrete pier similar in length and configuration to the original timber structure, at an estimated cost of $4,000,000. The Director of Public Works reported that the FEMA team was in the city this date to conclude their final report. Mr. Johnson explained that FEMA will review the information that has been compiled by the city and would more than likely accept the city's estimates if they consider them to be realistic, however should they not accept the city'S figures and present their own cost estimate, the city will have an opportunity to disagree and possible negotiate a reasonable replace figure. Councilmember Risner requested copies of the FEMA applications processed to date. Laszlo moved, second by Risner, to receive and file the report presented by the City Manager. I I AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3258 - OPPOSING ACA 38 and SCA 26 - CONSTITUTIONAL AMENDMENTS TO REVISE ARTICLE XIII A Resolution Number 3258 was presented to Council entitled "A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, STATING ITS OPPOSITION TO ACA 38 AND SCA 26, CONSTITUTIONAL AMENDMENTS TO REVISE I ARTICLE XIII A." By unanimous consent, full reading of Resolution Number 3258 was waived. Brownell moved, second by Risner, to adopt Resolution Number 3258 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3259 - OPPOSING SENATE. BILL 778 - COMPULSORY AND BINDING ARBITRATION Resolution Number 3259 was presented to COImcil entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, STATING ITS OPPOSITION TO SENATE BILL 778 PROVIDING FOR COMPULSORY AND BINDING ARBITRATION." By unanimous consent, full reading of Resolution Number 3259 was waived. Brownell moved, second by I Vanderstaay, to adopt Resolution Number 3259 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3260 - INITIATING PROCEEDINGS - STREET LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT The Director of Public Works referred to the budget study session of March 12th at which time the City Manager presented a summary of the city's financial condition based upon the methodology of the Municipal Services Institute financial study, and pursuant to M.S.I. recommendations and workshop discussion, a special assessment under the Landscaping and Lighting Act of 1972 was being presented for Council consideration. The Director explained that the assessment would I offset the cost of providing property related services such as street lighting at an estimated annual cost of $196,000, landscape main- tenance annual cost of $238,000 and street tree trimming, estimated annual cost of $93,500. Mr. Johnson explained that by reducing the General Fund commitment to provide these services, $537,500 could 3-28-83 I be made available for repair of infrastructure, replacement of capital equipment and to offset the majority of fixed asset expenses. Mr. Johnson recommended the retention of Willdan Associates to. assist in formation of a benefit assessment district for street lighting and landscaping at a fee not to exceed $9875, and briefly reviewed preliminary estimates of assessment submitted by Willdan. Council discussed those preliminary assessment designations and estimates. Councilmember Risner distributed a prepared eight-page statement regarding the proposed assessment districts to members of the Council and the staff and read same for the record. Councilmember Risner stated her support for implementing the assessment districts if the assessment to taxpayers is directly related to taxes assessed, fair and equitable, and does not exceed $370,000, or the actual direct cost of providing the service. Mrs. Risner expressed objection to including depreciation or overhead costs in the-total assessment figure and voiced her opinion regarding expenditure of any funds made available by the implementation of the assessment districts thereby relieving the General Fund of the obligation to pay for those services. Lengthy discussion followed. Referring to the reports presented by the City Manager and staff to date, Councilman Brownell expressed support for the manner in which capital outlay had been calculated, taking into consideration vehicle and fixed asset depreciation as well as distribution of overhead costs by department. Mr. Brownell mentioned that the portion of property tax that reverts back to the city has been drastically reduced since the passage of Proposition 13 and that additional cuts in the States allocation of funds to cities is anticipated. Councilman Brownell stated he had compiled a cost comparison of property tax paid by Leisure World residents since 1977/78, assuming that the property has not been sold or improvements made, showing a $41.18 saving on each $100 of property tax paid or more than $205 over a five year period based upon the same rate of each $100 tax paid. Councilman Brownell concluded that he felt the Assessment Districts are necessary, fair, since the assessment is based upon the benefit derived, noting that General Fund payment of these services has I I 3-28-83 resulted in depletion of other city funds as well as reduction of services and postponement of necessary repairs and improvements. Councilman Grgas concurred with Councilmember Risner that expenditure of any funds that become available as a result of due to the Assessment District should be expended on a fair and equitable basis, however, with regard to improvements to residential streets, he stated that the downtown area streets are used by residents and visitors to the city to a greater extent than any other area of the city are in urgent need of repair. Councilman Brownell moved to adopt Resolution Number 3260 as presented, then withheld his motion to allow additional discussion as requested by a member of the Council. Councilmember Risner asked for a consensus of the Council. Councilmember Risner asked for a consensus of the Council that distribution of funds made available by the Assessment Districts would be distributed on a fair and equitable basis and suggested that consideration be given to reducing the total amount of assessment. Councilmember Laszlo stated he was not in total agreement with the proposed amount of assessment, that he favored a lesser amount, however he wished to reserve his decision until the engineers report is presented for consideration. Mrs. Risner voiced her objection to the time frame for notification to property owners of the actual amount of assessment. The City Manager stated that the engineers report will be presented to Council in May, as well as the proposed 1983/84 budget, and that notification could be made to property owners at that time rather than the legally required date of June 15th, thereby allowing a thirty day period of notification. As requested by Councilmember Risner, the Council indicated by consensus that funds made available by implementing the Assessment District would be expended equitably throughout the city. It was again clarified that the Council will have the option of adjusting the assessment when the engineers report is considered as long as cost versus benefit can be shown. Brownell moved, second by Vanderstaay, to adopt Resolution Number 5260 as presented. Councilmember Risner moved a substitute motion to pursue a direct-cost benefit assessment district in the amount I I I 3-28-83 I of $370,000; motion failed for lack of a second. Councilmember Grgas requested that Willdan Associates be requested to provide an indepth spread of assessments so that benefit will be clearly defined. Vote on the motion to adopt Resolution Number 3260: AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried CONSENT CALENDAR - ITEMS "J" through "0" Brownell moved, second by Grgas, to approve the recommended action for items on the Consent Calendar as presented. J. Approved the minutes of the regular adjourned meeting of March 12, 1983 and the minutes of the regular meeting of March 14, 1983. K. Approved regular demands numbered 47455 through 47631 in the amount of $622,539.19; and payroll demands numbered 4346 through 4498 in the amount of $120,198.08 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same; and approved the transfer of $ll9,1l2 from the Water Fund and $90,198 from the Vehicle Depreciation Fund to the General Fund to cover the General Fund portion of the demands on the Treasury. L. Approved the request from the Seal Beach Swim Club to hold the Fourteenth Annual Seal Beach Rough Water Swim on Sunday, July 17, 1983. M. Ratified the proposed 1983/84 West Orange County Water Board budget as presented. N. Declared a vacancy on the Parks and Recreation Commission from District Five for the unexpired term ending July 1985 and directed the City Clerk to post a Special Vacancy Notice as required by law. O. Authorized the City Manager to execute the Agreement between the City and the Old Town Business Association for use of sixty (60) parking spaces in the Eighth Street parking lot, at a cost of $25 per year per space. Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried AYES: NOES: I I 3-28-83 CITY MANAGER'S REPORTS There were no other reports from the City Manager. CITY COUNCIL AGENDA Councilmember Risner referred to the Corps of Engineers' 1984 budget appropriation for sand replenishment at Surfside and Sunset Beach and moved to direct the City Manager to request, by supplemental appro- priation process, that those funds be appropriated for 1983 rather than 1984. Councilman Grgas seconded the motion. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried With regard to the JOB's Public Works Bill appropriation of $164,000 to the Corps of Engineers Operation/Maintenance General Fund, which specifically refers to the recent California storm damage, Councilmember Risner moved to direct the City Manager to apply those funds with the assistance of the city's legislators. Councilmember Brownell seconded the motion. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Again with reference to the JOB's bill, Councilmember Risner moved that the City Manager forward letters of interest to Supervisor Wieder and other County staff requesting a portion of those funds to repair damage to the city's public facilities. Councilmember Laszlo seconded the motion. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Pursuant to the discussions relating to the Assessment Districts, Councilmember Risner requested the staff look into reducing city costs by: 1) investigating alternatives to city animal control; 2) contracting for tree trimming; 3) the use of trustee labor for maintenance of the Police facility; 4) allowing the use of city jail facilities on weekends for misdemeanor offenders, ($75 per night charged by other communities); and 5) investigate the cost of providing street sweeping by contract. The City Manager stated he would look into those suggestions. Councilmember Laszlo requested the Police Department crime activity report and agreed that only I I I 3-28-83 those crimes occurring in the College Park East area would be sufficient. Councilmember Brownell asked that the Council be kept informed of all pertinent matters as they occur. Councilmember Brownell moved to commend Councilmember Risner on her recent trip I to Washington, D. C. and for her efforts during the trip on behalf of the City. Councilmember Las zlo seconded the motion. AYES: Brownell, Grgas, Laszlo, Vanderstaay NOES: None ABSTAIN: Risner Motion carried Councilmember Laszlo commended the staff for obtaining advertising to defray the cost of preparing the Spring Recreation Brochure. The Mayor stated she wished that the Leisure World community could be better informed of upcoming community activities. Councilmember Risner reported she had requested a report from the Recreation Director showing the fees and revenues for recreation programs; the City Manager stated he would provide the report to each of the Councilmembers, noting however, that the figures shown in the report I did not include indirect costs. ORAL COMMUNICATIONS There were no oral communications from the audience. CLOSED SESSION - LEGAL By order of the Chair with consent of the Council, the meeting adjourned to Closed Session at 9:05 p.m.; the meeting reconvened at 9:14 p.m. with Mayor Vanderstaay calling the meeting to order. The City Attorney reported that the Council had discussed potential litigation. ADJOURNMENT Laszlo moved, second by Grgas, to adjourn the meeting at 9:15 p.m. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay I NOES: None Motion carried Approved: MJjIl -~ JJ""",-~......,"" 7 ~'O, ~ ... .... L ~t21 ~ Attest: