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HomeMy WebLinkAboutCC Min 1983-09-26 Seal Beach, California September 26, 1983 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Pro Tempore Brownell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Pro Tempore Brownell Councilmembers Laszlo, Risner, Vanderstaay I Absent: Mayor Grgas Mayor Grgas arrived at the meeting at 7:14 p.m. Also present: Mr. Parker, City Manager Mr. Strausz, Assistant City Attorney Mr. Joseph, Assistant City Manager Mr. Johnson, Director of Public works/ City Engineer Mr. Thomas, Finance Director Mrs. Yeo, City Clerk WAIVER OF FULL READING Brownell moved, second by Risner, 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, Laszlo, Risner, Vanderstaay None Grgas Motion carried I PRESENTATION Mr. Frank Brown, Jr., Manager of the Long Beach branch Automobile Club of Southern California, presented a 1982 pedestrian Safety award to the City, noting that Seal Beach has been the recipient of this award six times in the past eight years. Mayor Pro Tempore Brownell accepted the Safety Award and expressed appreciation to the Auto Club on behalf of the City. PROCLAMATION Mayor Pro Tempore Brownell proclaimed the week of October 9 through 15, 1983 as "Fire Prevention Week." With consent of the Council, Item "C", a public hearing to consider a change of boundaries for Councilmanic Districts Two and Four, was held over until Mayor Grgas was present, as requested by Mayor Pro Tempore Brownell. ORDINANCE NUMBER IlS8 - ANIMAL SHELTER and MISCELLANEOUS FEES Ordinance Number IlS8 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH I RELATING TO ANIMAL CONTROL FEES AND AMENDING THE SEAL BEACH CITY CODE." By unanimous consent, full reading of Ordinance Number IlS8 was waived. Risner moved, second by Vanderstaay, to adopt Ordinance Number IlS8 as presented. AYES: NOES: ABSENT: Brownell, LaszlO, Risner, Vanderstaay None Grgas Motion carried 9-26-83 I RESOLUTION NUMBER 3307 - HONORING KELLY McCORMICK - DIVING ACCOMPLISHMENTS Resolution Number 3307 was presented to Council and read in full by Mayor Pro Tempore Brownell entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING KELLY McCORMICK ON HER ACCOMPLISHMENTS IN THE SPORT OF DIVING AND FOR THE POSITIVE IMAGE SHE HAS BROUGHT TO THE CITY OF SEAL BEACH." Councilmember Risner requested that a resolution also be prepared for Kelly's mother, Pat McCormick, Seal Beach resident and Olympic gold medalist, both resolutions to be presented at next meeting. Risner moved, second by Laszlo, to adopt Resolution Number 3307 as presented. AYES: NOES: ABSENT: Brownell, Laszlo, Risner, Vanderstaay None Grgas Motion carried PROPOSED RESOLUTION NUMBER 3308 - POLICE MEMORANDUM OF UNDERSTANDING The City Manager stated that a member of the Council had requested Item "F", proposed Resolution Number 3308 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AUTHORIZING THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEFITS FOR THE POLICE DEPARTMENT, AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH", be held over until after the Closed Session. I Mayor Grgas arrived at 7:14 p.m. and assumed the conduct of the meeting. PUBLIC HEARING - AMENDING and ESTABLISHING BOUNDARIES - COUNCILMANIC DISTRICTS TWO AND FOUR Mayor Grgas declared the public hearing open to consider a change of the District boundaries of Councilmanic Districts Two and Four. 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 matter. The City Manager stated that this matter was being presented for consideration pursuant to the receipt of a petition from residents of Councilmanic District Two requesting to be included in Councilmanic District Four. The City Manager reported that the City Attorney had prepared a legal opinion stating, in essence, that such a district change is within the authority of the City Council pursuant to the City Charter as long as the basis for the change is reasonable and justifiable. Mr. Parker noted that should such a change of boundaries be approved, the net change would be that District Four would receive one additional household and District Two would lose one household. There were no communications from the audience; Mayor Grgas declared the public hearing closed. I ORDINANCE NUMBER 1160 - AMENDING AND ESTABLISHING BOUNDARIES - COUNCILMANIC DISTRICTS TWO AND FOUR Ordinance Number ll60 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 2, ARTICLE IX, SECTION 2-70 OF THE CODE OF THE CITY OF SEAL BEACH, AMENDING, DESIGNATING AND ESTABLISHING THE BOUNDARIES OF COUNCILMANIC DISTRICT NO. 2 AND COUNCILMANIC DISTRICT NO. 4 OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number ll60 was waived. Explaining that she understood 9-26-83 the desire of College Park East residents to be within one councilmanic district, Councilmember Risner expressed her strong objection to the proposed district boundary changes prompted by a petition signed by only twelve residents. Mrs. Risner referred to the City Charter provision that provides the procedure for redistricting, which was accomplished subsequent to the 1980 census following those procedures. Councilmember Risner stated she did not feel the requested boundary change could be I justified under constitutional requirements, that such action could be legally challenged, and expressed her _ feeling that this proposal appears to be gerrymandering, noting that the next City election is within five months. Councilman Brownell stated that in actuality the petition represented only six households and proposes the inclusion of only one street in District Four. Mr. Brownell stated that there was no indication that the other affected residents of District Two or District Four had been notified of this proposed change, and referred to the City Attorney's opinion which cautions against an action that could be considered gerrymandering and subject to legal challenge. In response to Councilman Laszlo, the City Attorney confirmed that redistricting at times other than prescribed by the Charter is within the authority of the City Council provided justification for such change exists. Councilman LaSZlo stated he felt the petitioners may wish to participate in the upcoming election for a District Four representative, and that he wished to include Gummere Park in District Four which the redistricting would accomplish, and expressed his support for the boundary change. Councilmember Vanderstaay stated she felt the request of the petitioners should be honored. Discussion continued. Laszlo moved, second by Vanderstaay, to approve the introduction of Ordinance Number 1160 as presented and I that it be passed to second reading. Brownell moved a substitute motion to hold consideration of this matter ' over until after the next City election. Councilmember Risner seconded the substitute motion. AYES: NOES: ABSTAIN: Brownell, Risner Laszlo, Vanderstaay Grgas Motion failed Councilmember Risner moved a substitute motion to notify all residents that would be affected by the proposed boundary change and reconsider this matter at a future public hearing. Councilman Brownell seconded the motion. AYES: NOES: ABSTAIN: Brownell, Risner Laszlo, Vanderstaay Grgas Motion failed Vote on the motion to approve first reading of Ordinance Number 1160. AYES: NOES: Grgas, Laszlo, Vanderstaay Brownell, Risner Motion carried RESOLUTION NUMBER 3309 - AMENDING 1983/84 FISCAL YEAR BUDGET - 1 TEMPORARY POSITION - POLICE DEPARTMENT Resolution Number 3309 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROPRIATING $12,SOO FROM THE GENERAL FUND BALANCE AND AMENDING THE FISCAL YEAR 1983-84 BUDGET." By unanimous consent, full reading of Resolution Number 3309 was waived. The Assistant City Manager explained that the requested 9-26-83 budget amendment in the amount of $l2,SOO would fund the hiring of a full-time temporary clerk in the Police Department for the purpose of microfilming backlogged police records. Brownell moved, second by Vanderstaay, to adopt Resolution Number 3309 as presented. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I RESOLUTION NUMBER 3310 - ISSUANCE AND SALE OF 1983 TAX AND REVENUE ANTICIPATION NOTES Resolution Number 3310 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH PROVIDING FOR THE ISSUANCE AND SALE OF ITS 1983 TAX AND REVENUE ANTICIPATION NOTES IN THE AMOUNT OF $2,000,000." By unanimous consent, full reading of Resolution Number 3310 was waived. The Finance Director reported that pursuant to previous Council direction, the proposed resolution provides for the sale and issuance of Tax and Revenue Anticipation Notes in the amount of $2,000,000, noting that this amount was arrived at by Bank of America representatives consulting with bond counsel, Rutan and Tucker, and with the Finance Director. Mr. Thomas stated that a pro-forma Purchase Agreement for the purchase of the notes by Bank of America and a pro-forma agreement designating the Bank of America as the fiscal and paying agent for the Notes had been provided to Council for information only, that no action on those agreements is required at this time. Mr. Thomas reviewed a calendar depicting the time frame of events leading up to the sale of the Notes. Mr. Thomas introduced Ms. Susan Swan, Bank of America representative, who responded to questions posed by the Council relating to payment of the service fee to the Bank of America plus a certain amount of accrued interest, anticipated Moody's rating, interest rates, the method of selling the Notes, and the various possibilities for investment. Risner moved, second by Brownell, to adopt Resolution Number 3310 as presented. I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I PROPOSED RESOLUTION - SUPPORTING ORANGE COUNTY LEAGUE POSITION - OFFSHORE OIL AND GAS EXPLORATION A proposed Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING THE LEAGUE OF CALIFORNIA CITIES, ORANGE COUNTY DIVISION, OUTLINING THE DIVISION'S POSITION REGARDING OFFSHORE OIL AND NATURAL GAS EXPLORATION AND DEVELOPMENT IN NEAR SHORE WATERS OFF THE SOUTHERN ORANGE COUNTY COASTLINE" was presented for Council consideration. Councilman Laszlo stated he had requested Council consideration of this item pursuant to requests of other Orange County coastal cities that have expressed concern regarding the federal government's planned offshore oil exploration and development. Mr. Laszlo pointed out that it has recently been determined that the field is a low grade crude, and that the coastal cities are opposed to it's development. Mr. Laszlo stated that this matter is expected to be brought before the Orange County League Division for consideration, and that the City's support prior to that time had been requested. Discussion followed. Brownell moved, second by Risner, to hold over consideration of this matter until the Orange County League considers and/or takes action of this subject. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried 9-26-83 CONSENT CALENDAR - ITEMS "J" THROUGH "Q" Councilmember Risner requested Item "P" removed from the Consent Calendar. Brownell moved, second by Vanderstaay, to approve the recommended action for items on the Consent Calendar, except Item "P", as presented. J. Approved the minutes of the regular meeting of September 12, 1983. K. Approved regular demands numbered 49457 through I 49569 in the amount of $187,060.S2, and payroll demands numbered 6348 through 6513 in the amount of $133,IS6.l6 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. L. Directed that the Orange County Tax COllector/Treasurer be notified of the City's consent to sale Number 1294, Assessor's Parcel 217-12l-41 in the City of Seal Beach. M. Approved the Renewal License for use of Southern California Edison Company owned land in the vicinity of the San Gabriel River and Seventh Street (bike trail) for the term July I, 1983 through June 30, 1986 at an annual fee of $60.00 and authorized the City Manager to execute the License on behalf of the City. N. Authorized a budget amendment to eliminate the Water Utility Supervisor and create one additional Senior Water Utility Operator position. O. Approved the renewal Agreement between the City I of Seal Beach, Rossmoor Center and Long Beach Transportation Company for operation of the Leisure World bus for one year ending June 30, 1984, with no change in the cost of said service. (see subsequent action, this meeting). Q. Declared a vacancy on the Architectural Review Board, Tract 6345 (Suburbia). AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "P" - REQUEST - VOLUNTEER FIREFIGHTERS The City Manager explained that a request had been received from Mr. Joe Kalmick, Station Captain of the Seal Beach Volunteer Firefighters, requesting use of the City's non- profit status in fund raising efforts for the purpose of restoring the City owned 1929 LaFrance fire engine and the eventual construction of permanent shelter. Councilmember Risner stated she had no objections to the request, however expressed concern that there is no stated end goal set forth for their fund raising activities, and suggested that the City Manager be directed to discuss the location of a permanent shelter with the Volunteers. Risner moved, second by Vanderstaay, to extend the non- profit status to the Seal Beach Volunteer Firefighters for the purpose of the restoring the LaFrance fire engine and construction of a permanent shelter. Discussion continued. Risner moved to amend the motion to extend the non-profit status for a period of one year or until October I, 1984. Councilman Brownell seconded the motion. I 9-26-83 Vote on amending motion: AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Vote on the original motion: I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Risner moved to direct the City Manager to meet with the Volunteers to select a suitable site for the permanent shelter. Councilman Brownell seconded the motion. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Risner moved, second by Brownell, to reconsider Consent Calendar Item "0" as requested by the Assistant City Manager. AYES: NOES: Brownell, Grgas, Laszlo, ,Risner, Vanderstaay None Motion carried ITEM "0" - LEISURE WORLD BUS AGREEMENT Risner moved, second by Brownell, to approve the Agreement subject to the inclusion of an insurance provision to the satisfaction of the City Attorney. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried 1 Mayor Grgas declared a recess at 8:25 p.m. The Council reconvened at 8:34 p.m. with Mayor Grgas calling the meeting to order. I REPORT - AGREEMENT - WILDLIFE CONSERVATION BOARD The City Manager reported that pursuant to Council direction the staff continued negotiations with the State Wildlife Conservation Board regarding their Agreement for grant funds and have obtained their concurrence on three issues, for the emergency closure of the pier, deletion of an ambiguous phrase in paragraph fourteen of Exhibit "An to the Agreement, and for design of the pier sign. Mr. Parker stated that two issues remain unresolved, the closure of the end of the pier on a regular basis to protect the restaurant and inclusion of a buy-out clause. The City Manager explained that the W.C.B. have tentatively agreed to the pier closure administratively but not as a provision of the Agreement, and that they will not allow a buy-out clause, and stated he felt these two issues are critical to protect the city's interest. Noting that revenues from pier operations will likely exceed the cost of maintenance, and pursuant to the State requirement that all pier revenues be retained for maintenance purposes only for the term of. the lease agreement, the City Manager cautioned that the City Council's flexibility to redirect use of pier revenue, should the need arise, would no longer exist. Referring to the present estimate of the Wildlife Conservation Board grant, the City Manager proposed that an alternative to accepting the State grant could be to set aside $250,000 from the Plant and Equipment Fund earmarked for the W.C.B. share of the pier restoration costs, which in turn could be repaid from future revenues from the pier operations. The City Manager stated that pursuant to discussions with the Assistant City Engineer this date, the staff revised their recommendation to Council, 9-26-83 requesting that no action be taken on the Agreement at this time pending further negotiations with the State to close the end of the pier and until more precise estimates of the cost of Phase III of the project are known. Mr. Parker noted that should costs be much greater than are presently estimated, the W.C.B. grant would also increase, therefore staff would be more willing to recommend approval of the Agreement with the State's conditions in lieu of the use of City reserve funds. Councilman Brownell expressed his concern with using Plant and Equipment funds and the loss of interest to the City from investment of 'those funds during the term of the loan. Councilmember Risner referred to closing the end of the pier for security of the restaurant and recommended that staff pursue negotiation of this matter through an administrative agreement if the State will not allow such provision in the pier Lease Agreement, and should that not be successful, that the Council explore all alternative methods of securing the end of the pier. Mrs. Risner stated she did not feel a buy-out clause is a necessity, and noted that the State is only requiring that the pier be retained as a fishing pier, which she feels is the intent of the community. Councilmember Risner opposed use of City funds for the pier reconstruction, stated she favored acceptance of the W.C.B. grant, noting that she was aware of the State restrictions at the time the grant application was made, which she deemed acceptable. Discussion continued and the City Manager clarified that there are no known plans for future development or increased commercial use of the pier, and with regard to use of reserve funds Which the Council has established, noting a future Council's ability to abolish such reserves, he explained that this fund would be the only fund that would be under contractual obligation for twenty-five years, again pointing out the restricted use of pier revenue for the term of the Lease Agreement. Councilmember Laszlo compared revenue and expenses of the pier operation, referred to potential inability on the part of the City to plan for future development or improvement of the pier under the restrictions of the State agreement, and expressed his support of alternative funding in lieu of the W.C.B. grant. Mayor Grgas inquired if it will be necessary to keep the beach parking lots open twenty-four hours a day to accommodate the twenty-four hour pier access. The City Engineer stated that the parking lots are not within the leased area and that the Agreement does not address beach parking, however offered to look into the question. The Mayor asked who would incur the cost of installing and maintaining alternative security measures at the end of the pier, and expressed concern with the loss of flexibility in the use of pier revenues in the future. City Engineer, Mr. Johnson, concurred with the staff recommendation to postpone action on the W.C.B. Agreement, noting it could be submitted for reconsideration in approximately one month, subsequent to additional meetings with Don Hellmers, the City's consulting engineer, and the Wildlife Conservation Board staff. Mr. Johnson stated for a point of information, that the conSUlting engineers have now completed the majority of their field inspection of pier damage and that there is a possibility of more damage to the seaward end of the pier than had been observed in the preliminary damage survey. Risner moved, second by Brownell, that the Agreement with the wildlife Conservation Board not be approved at this time and be held over until negotiations I I I 9-26-83 with the W.C.B. are complete and a more accurate estimate of cost for Phase III is known. AYES: NOES: Brownell, Grgas, Laszlo, Risner. Vanderstaay None Motion carried 1 APPOINTMENTS - DEPARTMENT OF WATER AND POWER ADVISORY COMMITTEE Mayor Grgas and Councilmember Laszlo requested that their appointments to the D.W.P. Advisory Committee from their respective districts be held over until next meeting. ORAL COMMUNICATIONS Mayor Grgas declared oral communications open. Ms. Sharon Leonard, 217 Central Avenue, stated the importance of the security gate at the end of the pier to deter burglaries and vandalism of the restaurant, stating that the majority of break-ins have been by persons fishing at the pier end during nighttime hours and noted the availability of fishing on a twenty-four hour basis from the remainder of the pier area. Ms. Leonard also inquired as to why Plant and Equipment monies had not been made available sooner in order to expedite the pier reconstruction. The City Manager explained that the use of City funds would not have expedited the project, that all funding had to be obtained prior to commencing the project. There were no other oral communications; Mayor Grgas declared oral communications closed. 1 CLOSED SESSION The Council recessed to Closed Session at 9:10 p.m. and reconvened at 10:26 p.m. with Mayor Grgas calling the meeting to order. The City Attorney reported the Council had discussed matters relating to a proposed Memorandum of Understanding with designated representatives and gave those designated representatives certain directions with respect to that M.O.U. and that the Council also discussed matters related to litigation involving the City and a representative of the City Attorney's office. AGENDA ITEM "F" - PROPOSED RESOLUTION NUMBER 3308 - POLICE MEMORANDUM OF UNDERSTANDING Risner moved, second by Vanderstaay, to remove Item "F" from the agenda as requested by the City Manager. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Councilmember Risner stated she had been contacted by Ms. Mae Miller, President of the Seal Beach Womens Club, requesting that the established closing hour for the Marina Community Center be extended from 10:00 p.m. to 11:OO p.m. for their "Fia Fia Luau" to be held October ISth. Risner moved, second by Laszlo, to approve the request. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I ADJOURNMENT Vanderstaay moved, second by Brownell, to adjourn the meeting at 10:29 p.m. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried 9-26-83 / lO-10-83 Approved: of I Attest: Seal Beach, California October 10, 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. ROLL CALL Present: Mayor Grgas Councilmembers Brownell, Laszlo, Risner, Vanderstaay Absent: None I Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Johnson, Director of Public Works/ City Engineer Chief Picascia, Police Department Mr. Thomas, Finance Director Mrs. Yeo, City Clerk WAIVER OF FULL READING Risner 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: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried AGENDA AMENDED Laszlo moved, second by Risner, to amend the agenda to consider proposed Resolutions 33lS and 3316 and agenda item "D", Resolution 3314, out of order. I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried