HomeMy WebLinkAboutCC Min 1983-06-27
6-27-83
Seal Beach, California
June 27, 1983
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.
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ROLL CALL
Present:
Mayor Grgas
Councilmembers Brownell, Laszlo, Risner, Vanderstaay
Absent:
None
Also present:
Mr. Joseph, Assistant City Manager
Mr. Stepanicich, City Attorney
Mr. Johnson, Director of Public Works/City Engineer
Mr. Zaharas, Assistant Finance Director
Mr. Antos, Principal Planner
Mrs. Yeo, City Clerk
AGENDA AMENDED
Laszlo moved, second by Vanderstaay to amend the agenda to include a
presentation to the Save Our Pier Group and to consider agenda Item
H out of order at this time, as requested by Mayor Grgas.
AYES:
Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES:
None
Motion carried
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PRESENTATION
Mr. Jim Hartwell, owner of the Hartwell Shell Station, Mrs. Hartwell
and son, Scott, presented a check in the amount of $363.65 to the
Save Our Pier Group. Mr. Hartwell stated the donation represented
five cents per gallon of gasoline sold during the past weekend promo-
tion. Ms. Frazier, Chairman of S.O.P. accepted the check on behalf
of S.O.P. and expressed appreciation to the Hartwell family.
AGENDA ITEM "HI! - RESOLUTION NUMBER 3288 - COMMENDING MARK VAN HOLT
Resolution Number 3288 was read in full by Mayor Grgas entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA,
COMMENDING PARKING CONTROL OFFICER MARK VAN HOLT FOR HIS EXHIBITION
adopt Resolution Number 3288 as presented.
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OF COURAGE ON MAY 29, 1983." Risner moved, second by Vanderstaay, to
AYES:
Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES:
None
Motion carried
Council expressed appreciation to Mr. Van Holt and the Assistant
City Manager relayed commendations expressed by the Police Chief who
was unable to attend the meeting.
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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: Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES: None Motion carried
PUBLIC HFARING - REVENUE SHARING FUNDS - 1983/84
Mayor Grgas declared the public hearing open to consider the use of
Revenue Sharing Funds in the 1983/84 fiscal year budget. The City
Clerk certified that notice of public hearing had been published as
required by law and that no communications for or against this item
had been received. The Assistant City Manager reported that federal
law requires that two public hearings be held to consider the use of
Revenue Sharing Funds, the first of which was held Tuesday, May 31,
1983, the second at this time. Mr. Joseph reported that the anticipated
$176,000 Revenue Sharing Funds have been allocated to Police Depart-
ment patrol for fiscal year 1983/84. There were no comments from the
audience for or against this item; Mayor Grgas declared the public
hearing closed.
PUBLIC HEARING 1983/84 FISCAL YEAR BUDGET
Mayor Grgas declared the public hearing open to consider adoption of
the proposed 1983/84 fiscal year budget. The City Clerk certified
that notice of public hearing had been published as required by law
and that no communications had been received either for or against this
item. The Assistant City Manager stated that the total budget figure
is $10,120,040 and that the budget is balanced. Mr. Joseph stated
further that the proposed budget does not include salary increases
that may occur through negotiations, however, does include revenues
that may be derived from the Assessment District and proposed expendi-
ture of funds freed by the establishment of the Assessment District.
Mr. Joseph reported the status of the State budget and the effect on
local government should the current impass status not be resolved
and the AB 8 deflator activated. Mr. Joseph noted that pursuant to
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past actions by the State, the city's proposed budget estimates receipt
of only a portion of the State subventions in the amount of $148,000.
Mr. Joseph referred to proposed legislation whereby cities and counties
would receive a monthly distribution of subventions for the months
of July, August and September, after which the deflator would be
activated eliminating the distribution of subventions and by February
1984 cities and counties would be granted the authority to impose a
one cent sales tax. It was clarified that the one cent sales tax
would be implemented by the legislative body and would not require
a vote of the people. There were no communications from the audience
for or against this item; Mayor Grgas declared the public hearing
closed.
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1983/84 FISCAL YEAR BUDGET
Councilmember Risner spoke to the uncertainty of the adoption of the
State budget and the effect of the proposed legislation, and recom-
mended that adoption of this city's budget be postponed until June
30th pending receipt of additional information on the State budget.
It was noted that at present the proposed legislation would allow III
counties and cities five months to institute the one cent sales tax,
noting however the League is proposing an amendment to extend that
provision. The Assistant City Manager clarified that if it is
necessary, the Council has the authority to amend the budget at any
time during the year. Mrs. Risner objected to the inclusion of the
anticipated Assessment District revenue in the proposed budget prior
to Council's approval of the Assessment District, expressed her
feelings regarding assessments for landscaping and street tree trimming,
questioned the differential in the assessment of certain commercial
areas and businesses, objected to the zero assessment of vacant parcels,
and requested that the proposed assessments be reevaluated and reduce
the year-end balance by $90,000 and reduce the Assessment District by III
a like amount. It was clarified that should the Assessment District
not be established the Council would be required to amend the budget
deleting those revenues. Mayor Grgas reiterated that the intent of
the Assessment District is to charge for those specific services
provided to the community thereby relieving certain funds for long
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deferred capital improvements. Councilmember Risner moved to amend the
proposed budget to include the estimated revenues and costs for
reconstruction of the municipal pier. Discussion followed with the
City Enginee~ reporting that some payments will be made during the
1983/84 fiscal year, such as the costs incurred for engineering and
design and possibly some progress payments to the contractor. The
Assistant City Manager stated it would be possible to amend the
budget to include the cost of the engineering work at the July 11th
meeting when the proposals for that phase will be considered. The
City Engineer stated that the estimated time frame for the pier
reconstruction is that the contract for engineering and design will
be entered into by the first of August, this phase to take approxi-
mately three months, that forty-five to sixty days will be allowed to
advertise and receive bids and award the contract for construction,
which could take between six to nine months.- Mr. Johnson noted
there may be some delay due to availability of materials, and explained
that some contractors may be hesitant to commence construction during
the winter months, therefore construction may not begin until spring
of 1984. Discussion continued regarding the estimated time schedule
for completion of the pier, as well as the availability of the funds
expected to be received for the reconstruction. Councilmember Risner
withdrew her motion pending further discussion on July 11th. There
was a brief discussion and explanation of the County's claim that
the City of Seal Beach has been overpaid 1.6 million dollars in
property taxes since Proposition 13 and the proposed legislation
regarding same. Councilmember Risner continued her comments on the
proposed budget regarding estimated property tax and animal license
revenue and questioned the additional $24,000 reflected in the
revised refuse budget and requested that that account be reduced
by that amount. The Assistant City Manager stated he did not have
the calculations for that account and offered to provide Council
with a detail of those figures at next meeting. Councilmember Risner
moved to delete the Assessment District revenue from the proposed
budget and that the budget be temporarily balanced by using revenue
from the Plant and Equipment Fund, to be repaid at a later time from
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Assessment District revenue if and when the Assessment District is
approved. The Assistant City Manager stated it would not be appro-
priate to fund the cost of those services provided in the Assessment
District with Plant and Equipment Fund monies. Councilmember Risner
stated that capital improvements could be temporarily financed from
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said funds until the Assessment District is approved. There was
no second to the motion.
RESOLUTION NUMBER 3283 - APPROPRIATIONS LIMIT
Resolution Number 3283 was presented to Council entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROPRIATING
ADDITIONAL FUNDS AND SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR
1983/84 AS REQUIRED BY ARTICLE XIIB OF THE STATE CONSTITUTION MORE
COMMONLY KNOWN AS PROPOSITION 4, THE GANN INITIATIVE." By unanimous
consent, full reading of Resolution Number 3283 was waived. Grgas
moved, second by Vanderstaay, to adopt Resolution Number 3283 as
presented.
AYES:
Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES:
None
Motion carried
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RESOLUTION NUMBER 3284 - ADOPTING 1983/84 FISCAL YEAR BUDGET
Resolution Number 3284 was presented to Council entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING
A BUDGET FOR THE CITY OF SEAL BEACH FOR FISCAL YEAR 1983-84." By
unanimous consent, full reading of Resolution Number 3284 was waived.
The Assistant City Manager requested that the amount shown for the
1972 Assessment District Improvement Fund be corrected to read
$414,490. Vanderstaay moved, second by Brownell, to adopt Resolution
Number 3284 as corrected.
AYES:
Brownell, Grgas, Laszlo, Vanderstaay
NOES:
None
ABSTAIN:
Risner
Motion carried
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PUBLIC HEARING - TENTATIVE PARCEL MAP NO. 83-1002 - ROSS - 127 and
129 2nd STREET
Mayor Grgas declared the public hearing open to consider Tentative
Parcel Map No. 83-1002 for the conversion of two duplexes into a four
unit condominium. The City Clerk certified that notice of public
hearing had been published and mailed as required by law and that no
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communications had been received either for or against this item.
The Principal Planner presented the staff report, recommendations
of the Planning Commission and reviewed the conditions requiring
submission of CC & R's to the' City Attorney for review and approval
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prior to recordation and that two tree wells be instal~~d in the
parkway strip and that a tree be planted in each to the satisfaction
of the City Engineer. Mayor Grgas invited members of the audience
wishing to speak to this item to come to the microphone and state
their name ,and address for the record. Mr. Raul Calvo, Engineer,
representing Joyce Ross, owne., of the property, acknowledged the
conditions of approval and stated they would be complied with. There
were no other communications; Mayor Grgas declared the public hearing
closed. In response to Council, the Director of Public Works reported
that in the past the City has provided parkway trees upon request
depending upon available funding.
RESOLUTION NUMBER 3285 - APPROVING TENTATIVE PARCEL MAP NO. 83-1002 -
ROSS - 127 and 129 2nd STREET
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Resolution Number 3285 was presented to Council entitled "A RESOLUTION
OF THE SEAL BEACH CITY COUNCIL APPROVING TENTATIVE PARCEL MAP NO.
83-1002." By unanimous consent, full reading of Resolution Number
3285 was waived. Brownell moved, second by Risner, to adopt Resolution
Number 3285 as presented.
AYES:
Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES:
None
Motion carried
PUBLIC HEARING - TENTATIVE PARCEL MAP NO. 83-1003 - FREIMUTH - 127 -
11 th STREET
Mayor Grgas declared the public hearing open to consider Tentative
Parcel Map No. 83-1003 for the conversion of a duplex into a two unit
condominium. The City Clerk certified that notice of, public hearing
had been published and mailed as required by law and that no communi-
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cations had been received either for or against this item. The
Principal Planner presented the staff report and recommendations of
the Planning Commission, stating approval had been conditioned requiring
1) the submission of CC & R's to the City Attorney for review and
approval prior to recordation; and 2) the replacement of existing
curb in front of the site to the satisfaction of the City Engineer
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or provide a cash bond to the City in an amount determined by the
City Engineer to cover the cost of construction. Mayor Grgas invited
members of the audience wishing to speak to this item to come to the
microphone and state their name and address for the record. Mr. James
condition requiring replacement of the existing curb, suggesting
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Freimuth, owner of said property, questioned the legality of the
that to be a city maintenance function. There were no other
communications from the audience; Mayor Grgas declared the public
hearing closed. The City Attorney explained that the City may, at
its discretion, impose conditions requiring access or frontage
improvements as a condition of approval of a Map, legal authority
granted by the Subdivision Map Act. Discussion continued.
RESOLUTION NUMBER 3286 - TENTATIVE PARCEL MAP NO. 83-1003 - FREIMUTH -
127 - 11th STREET
Resolution Number 3286 was presented to Council entitled "A RESOLUTION
OF THE SEAL BEACH CITY COUNCIL APPROVING TENTATIVE PARCEL MAP NO.
83-1003." By unanimous consent, full rea,ding of Resolution Number
3286 was waived. Risner moved, second by Brownell, to adopt Resolution
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Number 3286 as presented.
AYES:
Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES:
None
Motion carried
PUBLIC HEARING - TENTATIVE PARCEL MAP NO. 83-1004 - SHELMAN - 1105
OCEAN AVENUE
Mayor Grgas declared the public hearing open to consider Tentative
Parcel Map No. 83-1004 for the conversion of a duplex into a two unit
condominium. The City Clerk certified that notice of public hearing
had been published and mailed as required by law and that no communi-
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cations had been received either for or against this item. The
Principal Planner presented the staff report and recommendations of
the Planning Commission, noting approval of the Map had been conditioned
and approval prior to recordation; and 2) to remove and replace
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as follows: 1) submission of CC & R's to the City Attorney for review
broken and cracked portions of curb and sidewalks, as required by
the City Engineer or provide a cash bond to the City in an amount
determined by the City Engineer to cover the cost of construction;
and 3) that the base of the palm tree be trimmed to clear back of
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curb and sidewalk by six inches. Mayor Grgas invited members of the
audience wishing to speak to this item to come to the microphone and
state-their name and address for the record. Mr. Calvo, Engineer
representing Mr. Shelman, stated that the conditions are understood
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and agreed to. There were no other communications; Mayor Grgas declared
the public hearing closed.
RESOLUTION NUMBER 3287 - APPROVING TENTATIVE PARCEL MAP NO. 83-1004 -
SHELMAN - 1105 OCEAN AVENUE
Resolution Number 3287 was presented to Council entitled "A RESOLUTION
OF THE SEAL BEACH CITY COUNCIL APPROVING TENTATIVE PARCEL MAP NO. 83-
1004." By unanimous consent, ful1 reading of Resolution Number 3287
was waived. Laszlo moved, second by Risner, to adopt Resolution
Number 3287 as presented.
AYES:
Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES:
None
Motion ca=ied
ORDINANCE NUMBER 1145 - AMENDING ZONING CODE - SECOND DWELLING UNITS
Ordinance Number 1145 was presented to Council for second reading
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entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, AMENDING CHAPTER 28 OF THE CODE OF THE CITY OF SEAL BEACH
REGULATING SECOND DWELLING UNITS WITHIN SINGLE-FM~ILY RESIDENCES."
By unanimous consent, full reading of Ordinance Number 1145 was
waived. Risner moved, second by Vanderstaay, to adopt Ordinance
Number 1145 as presented.
AYES:
Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES:
None
Motion carried
RESOLUTION NUMBER 3274 - MAYORAL APPOINT~ffiNTS
Resolution Number 3274 was presented to Council entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CONFIRMING
APPOINTMENTS MADE BY THE MAYOR OF REPRESENTATIVES TO VARIOUS BOARDS,
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AGENCIES AND ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS
AND RESCINDING RESOLUTION NUMBER 3160" and amended to include the
appointments as stated by the Mayor. By unanimous consent, ful1
reading of Resolution Number 3274 was waived. Risner moved, second
by Vanderstaay, to adopt Resolution Number 3274 as amended.
AYES:
Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES:
None
Motion carried
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RESOLUTION NUMBER 3289 - APPROVING PROJECTS - PARK RESTORATION AND
URBAN REFORESTATION PROGRAM (JOBS BILL)
Resolution Number 3289 was presented to Council entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING PROJECTS
SUBMITTED UNDER THE PARK RESTORATION AND URBAN REFORESTATION PROGRAM."
By unanimous consent, full reading of Resolution Number 3289 was waived. III
The Director of Public Works presented the staff report and reported
that the projects submitted for consideration were: 1) Edison Park
Sprinkler System; 2) Old Town Tree Planting; and 3) Citywide tree
planting. Mr. Johnson stated that should a project be selected under
this program, the California Conservation Corps will purchase the
required plant materials and supplies, hire the crews, and complete
the project between July 1 and September 30, 1983, at minimal expense
to the City. Council inquired if a portion of the trees designated
for Old Town could be planted in Eisenhower Park and if some trees
could be used on the arterial streets. The Director stated he felt
both would be possible as long as the trees are used only on public
types of trees that are acceptable in each area of the City that will
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property. Mr. Johnson stated further that there are four or five
not damage sidewalks or curbs and be acceptable to residents, that
the City does have a list of persons who have requested trees, there-
fore those properties would have first priority, after which trees
would be planted in those areas with the greatest deficiency, and that
staff will attempt to contact residents prior to planting. Mr.
Johnson stated he would notify the Council if a project is selected
and report the plan for implementing same. Vanderstaay moved, second
by Laszlo, to adopt Resolution Number 3289 as presented.
AYES:
Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES:
None
Motion carried
CONSENT CALENDAR - ITEMS "J" THROUGH "M"
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Councilmember Laszlo requested Item "M" removed from the Consent
Calendar; the City Clerk requested Item "J" removed. Brownel1 moved,
second by Risner, to approve the recommended action for items on
the Consent Calenday as presented except Items "J" and "M".
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K. Approved regular demands numbered 48367 through 48622 in
the amount of $630,635.52 and payroll demands numbered
5298 through 5454 in the amount of $130,839.22 as
approved by the Finance Committee and that warrants be
drawn on the Treasury for the same.
L. Approved renewal of the agreement with Brown Brothers
Adjusters to provide claims adjusting services for a
period of one year.
AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES: None Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
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Item "J" - MINUTES
The City Clerk requested that the June 13th minutes be corrected to
reflect the second to the motion to approve Resolution Number 3281.
Risner moved, second by Vanderstaay, to approve the minutes of the
June 13, 1983 regular meeting as corrected.
AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES: None Motion carried
Risner moved, second by Brownell, to approve the minutes of the June
20, 1983 regular adjourned meeting as presented.
AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES: None Motion carried
ITEM "M" - REQUEST - PERS ADJUSTMENT - RETIRED POLICE OFFICERS
Councilmember Laszlo requested that this item be discussed in Closed
Session. Brownell moved, second by Risner, to postpone this item until
July 11th.
AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES: None Motion carried
CITY MANAGER REPORTS
There were no reports from the Assistant City Manager.
APPOINTMENTS - BOARDS AND COMMISSIONS
Councilmember Vanderstaay appointed Jesse Rountree, Twin Hills Drive,
to the Environmental Quality Control Board from District Two for the
Term ending July 1987. Mrs. Vanderstaay requested that a letter of
appreciation be sent to Mr. Lowell Kolb for his services on the E.Q.C.B.
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Councilmember Laszlo reappointed Mr. William LaBar to the Recreation
and Parks Commission from District Four for the term expiring July
1986.
Councilmember Brownell requested that his appointment to the Planning
Commission from District Five be held over, and stated that Mr. Smith
has agreed to serve on the Commission until the new appointment is
confi rmed.
Councilmember Risner reappointed Ima Allison and Glenn Barton as
resident members of the Project Area Committee for terms ending July
1985.
Mayor Grgas reappointed Jack Haley as a business member and Joe
Kalmick as a resident member of the Project Area Committee for terms
ending July 1985.
Risner moved, second by Laszlo, to confirm the above appointments.
AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES: None Motion carried
REPRESENTATIVES - ORANGE COUNTY HOUSING AUTHORITY
Risner moved, second by Brownell, to reappoint Mr. Charles Antos as
the representative and Mr. Gary Johnson as the alternate representa-
tive to the Advisory Committee of the Orange County Housing Commis'sion.
AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES: None Motion carried
ORAL COMMUNICATIONS
Mayor Grgas declared oral communications open. Councilmember Laszlo
moved to request the Planning Commission to study present and
anticipated future traffic problems at Seal Beach Boulevard/San Diego
Freeway entrance, Seal Beach Boulevard/Lampson Avenue, and Seal Beach
Boulevard/St. Cloud. Councilman Brownell seconded the motion.
AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES: None Motion carried
Mayor Grgas reported receipt of written complaints regarding increased
noise from the expanded air traffic at Long Beach Airport and stated
he had requested the staff to investigate and report back to Council.
Mayor Grgas moved to request the Planning Commission to conduct a
public hearing regarding the downtown revitalization and pier design
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and reconstruction plans in order to receive input from residents
of the community. Councilman Laszlo seconded the motion.'
AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES:
None
Motion carried
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Mr. Jim Funk, 215-1/2 - 10th Street, stated he felt funds to recon-
struct the pier should be included in the 1983/84 budget, particularly
for the engineering and design portion of the project, that the City
should be prepared to select an engineering firm at this time,
expressed his objection to the anticipated spring date for commence-
ment of construction, and stated he felt the design of the pier
should be consistent with the old pier. Mayor Grgas stated Council
will be considering selection of an engineering firm at the meeting
of July 11th. The Mayor stated he would like the engineering
consultants to present their findings and recommendations at the
Planning Commission public hearing for the information of the public.
Emily Frazier, 131 - 13th Street, expressed disappointment with the
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pier reconstruction schedule estimated by the City Engineer and
requested that the Council expedite the ,project. Councilman Laszlo
stated it was his understanding the City Engineer's schedule was
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for completion sometime between July and September, 1984, all factors
being considered, that schedule seemed to be very reasonable.
General discussion continued regarding the pier reconstruction
schedule and anticipated receipt of funds for reconstruction. The
City Engineer again reviewed the anticipated schedule as estimated
by the engineering firm, all of which is tentative. Mitzi Morton,
13th Street, asked if parking would be considered in the downtown
revitalization study, suggested the public hearing scheduled before
the Planning Commission for a restaurant proposed by Jack Haley be
postponed pending action on the downtown plan, and suggested the
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City charge $25 to $30 per month for parking spaces provided to
merchants and employees. Mr. John Schafer, 137-1/2 Dolphin, urged
that the Council and staff strive for the earliest pier completion
date that is possible. There were no other oral communications; Mayor
Grgas declared oral communications closed.
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ADJOURNMENT
'Brownell moved, second by Vanderstaay, to adjourn the meeting at
9:55 p.m.
AYES:
NOES:
Approved:
Attest.
Brownell, Grgas, Laszlo, Risner, Vanderstaay
None Motion carried
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