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HomeMy WebLinkAboutCC Min 1983-11-28 ll-l4-83 / 11-28-83 Approved: of I Att.", g...~J?i. ~ ty ery Seal Beach, California November 28, 1983 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor ProTempore Brownell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTempore Brownell Councilmembers Laszlo, Risner, Vanderstaay I Absent: Mayor Grgas Mayor Grgas arrived at 7:13 p.m. Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Johnson, Director of Public Works/ City Engineer Mr. Thomas, Finance Director Chief Dorsey, Lifeguard Department Mrs. Yeo, City Clerk PRESENTATION - ALLIANCE FOR SURVIVAL The City Councl1 postponed this item pending the arrival of the representative of Alliance for Survival. I WAIVER OF FULL READING Risner 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 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 11-28-83 PROCLAMATIONS Mayor ProTempore Brownell proclaimed the week of November 20 through 26, 1983 as "Family Week." Mayor ProTempore Brownell proclaimed December 14, 1983 as "Blood Drive Day." RESOLUTION NUMBER 3328 - COMMENDING HOWARD ROBERTS - RETIREMENT - PUBLIC WORKS DEPARTMENT Resolution Number 3328 was presented to Council and read in full by Mayor ProTempore Brownell entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, COMMENDING HOWARD ROBERTS FOR HIS SERVICE TO THE CITY OF SEAL BEACH." Risner moved, second by Laszlo, to adopt Resolution Number 3328 as presented. I AYES: NOES: ABSENT: Brownell, Laszlo, Risner, Vanderstaay None Grgas Motion carried Mayor ProTempore Brownell presented a copy of the Resolution to Mr. Roberts, and members of the Council extended their appreciation to him for his many years service to the community, and offered best wishes upon his retirement. PROPOSED RESOLUTION - AIR QUALITY MANAGEMENT PLAN A proposed resolution was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH INDICATING ITS INTENT TO IMPLEMENT HEREIN DEFINED "REASONABLY AVAILABLE CONTROL MEASURES" FROM THE 1982 REVISION OF THE AIR QUALITY MANAGEMENT PLAN FOR THE SOUTH COAST AIR BASIN." By unanimous consent, full reading of the proposed resolution was waived. The City Manager stated that the staff could I not properly respond to specific air quality control measures as addressed in the S.C.A.G. report and recommended that this item be tabled until such time that the City is contacted by S.C.A.G. and they are available to make a presentation to Council. Risner moved, second by Laszlo, to receive and file the staff report from the Director of Public Works dated November ISth and the proposed resolution. AYES: NOES: ABSENT: Brownell, Laszlo, Risner, Vanderstaay None Grgas Motion carried Mayor Grgas arrived at 7:13 p.m. and assumed conduct of the meeting. RESOLUTION NUMBER 3330 - CONTRACT - COUNTY OF ORANGE - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - YEAR NINE Resolution Number 3330 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACT WITH THE COUNTY OF ORANGE IN APPLYING FOR FUNDS FOR LOW INTEREST LOANS UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974." By unanimous consent, full reading of I Resolution Number 3330 was waived. Councilmember Risner suggested that Housing/Community Development monies designated for low interest loans be repaid to and retained by the City rather than the County, therefore allowing the City to accrue the interest on those funds, and requested that the staff investigate this procedure prior to next year. The City Engineer responded that the City has chosen to let the County administer the loans on behalf of the 11-28-83 City due to the small amount of funds involved in the program and limited City staff. Brownell moved, second by Risner, to adopt Resolution Number 3330 as presented. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried :1 PRESENTATION - ALLIANCE FOR SURVIVAL Ms. Mary Lou Brophy acknowledged her affiliation with the Orange County Alliance For Survival, however stated she was present to make a personal statement and expressed gratitude for the opportunity to state her views. Ms. Brophy spoke regarding the scheduled deployment of missiles in western Europe, opposed nuclear weapons in general, and reviewed past efforts to investigate nuclear weaponry at the Seal Beach Naval Weapons Station. Ms. Brophy informed the Council of demonstrations planned for December 3 and 5 at the Naval Weapons Station in opposition to nuclear weapons, noting that the Police Department have been informed of these activities. Ms. Brophy responded to questions posed by the City Council. I RESOLUTION NUMBER 3331 - AMENDING 1983/84 BUDGET - LIFEGUARD GARAGE FACILITY Resolution Number 3331 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE 1983/84 BUDGET TO PROVIDE FUNDS FOR THE CONSTRUCTION OF A LIFEGUARD GARAGE FACILITY." By unanimous consent, full reading of Resolution Number 3331 was waived. The Assistant City Manager presented the staff report, explaining that the proposed facility would house lifeguard vehicles, provide a maintenance facility, protect the vehicles from the elements, and provide storage for various lifeguard supplies. It was noted that certain labor and materials are anticipated to be donated towards construction of the facility. Chief Dorsey clarified the proposed location of the garage noting it will not encroach into the parking lot, explained that the building height will be lower than the park area therefore will not obstruct the view, and that no decking is planned. Councilmembers spoke in support of the facility, however recommended that such projects be considered during the annual budget process. Brownell moved, second by Risner, to adopt Resolution Number 3331 as presented, appropriating $28,000 from the Vehicle Depreciation Fund for construction of the garage facility. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I RESOLUTION NUMBER 3332 - ESTABLISHING WATER SERVICE RATES Resolution Number 3332 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING WATER SERVICE RATES AND RESCINDING RESOLUTION NUMBER 3232." By unanimous consent, full reading of Resolution Number 3332 was waived. The annual review of water service rates was presented by the Director of Public Works, who noted substantial cost increases for water recently imposed by the Metropolitan Water District and the Orange County Water District that will be effective January 1, 1984. Mr. Johnson referred to various water utility financial reports and an Orange County water rate survey provided for information of the Council, and explained that based upon that data a 6.8 percent water rate increase is required for the upcoming year. The City Attorney recommended that a sentence be added to the last paragraph of the Resolution to read "Until such date, the existing ~ 11-28-83 water rates shall remain effective." It was clarified that the recommended rate increase is predicated upon the rate of inflation and the increased costs to the City for purchase of water. Discussion followed regarding the annual fixed asset expense, the purpose of those funds, as well as retirement of certain water fund debt service payments in the future. Risner moved, second by Vanderstaay, to adopt Resolution Number 3332 as amended. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I CONSENT CALENDAR - AGENDA ITEMS "I" THROUGH "N" Councilmember Vanderstaay requested Item "M" removed from the Consent Calendar, Councilmember Risner requested Item "N" removed, and the City Manager requested Item "L" removed. Laszlo moved, second by Vanderstaay, to approve the recommended action for items on the Consent Calendar, except Items "L, M, and N," as presented. I. Approved the minutes of the November 14. 1983 regular meeting. J. Approved regular demands numbered 50129 through 50252 in the amount of $lSI,OS2.S0, and payroll demands numbered 7SlS through 7299 in the amount of $93,448.79 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. K. Denied the claim of Patrick J. Fitzgerald for damages. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "L" - POLICE TOW SERVICE AGREEMENTS The City Attorney recommended that Exhibit "A" to the agreements be amended under the Liability Insurance Regulation, subsection "d", to require a thirty day written notice of cancellation and that the City should be named as an additional insured. Risner moved, second by Brownell, to approve the agreements with Rossmoor Tow Service and Medlin Tow Service for the periOd November I, 1983 through December 31, 1984 as amended. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried ITEM "M" - LEASE AGREEMENT - GIRL SCOUT COUNCIL OF ORANGE COUNTY Councilmember Vanderstaay questioned the lease term of twenty-five years. The City Attorney explained that previous agreements stipulated that the City grant a twenty-five year lease, however the term of the lease could be determined at the discretion of the Council. Councilmember Risner I spoke in favor of the twenty-five year lease term and further I recommended that the lease also include a provision for renewal option. The City Attorney stated an option to renew should set forth a specific period of time, and suggested a five year period may be reasonable rather than committing another City Council twenty-five years in the future to an additional twenty-five year lease periOd. Discussion continued. Councilman Brownell corrected the 1l-28-83 I last sentence in Section 4 of the Lease to read "...GSCOC shall furnish City with satisfactory evidence...", and the City Attorney recommended Section 7 be amended to read "...public liability insurance with limits approved by the City Attorney...", deleting the specified amounts. Vanderstaay moved, second by Brownell, to approve the Lease Agreement as amended by Mr. Brownell and the City Attorney and the Indemnification Agreement as presented and authorize the Mayor to execute same on behalf of the City. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I ITEM "N" - REPORT - SB 693 - SALES TAX FOR ORANGE COUNTY TRANSPORTATION IMPROVEMENTS The Director of Public Works reported that SB 693, enacted in September 1983, enables the Orange County Transportation Commission to place on the ballot a county-wide sales tax of up to one percent for transportation purposes, explaining that the ballot measure can only be submitted to the electorate if the Fifteen Year Investment Program is approved by the County and a majority of the Orange County cities. Mr. Johnson stated that the OCTC has requested input from Orange County cities and is soliciting project proposals and comments on the draft Fifteen Year Transportation Investment Program. Mr. Johnson stated that a letter has been prepared by staff responding to the Orange County Transportation Commission as well as a list of proposed projects, for consideration of the Council. The fourth paragraph of the response letter was amended to read "...the voters should be assured that there will be maintenance of local transportation funding...", and the project list was amended to include improvements to Seal Beach Boulevard from Regency Drive to Pacific Coast Highway, estimated cost of $750,000. The City Manager reported he would be meeting with other Orange County City Managers to review proposed projects that could be agreed upon and submitted jointly, therefore increasing the possibility of having those projects considered for funding in the Transportation Investment Plan. The Public Works Director reported that the Fifteen Year Investment Program will be presented for consideration by the Council within the next few months, at which time approved projects will be known. Discussion continued. Risner moved, second by Brownell, to approve the response letter to the OCTC and the list of candidate projects as amended. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I REPORT - ASBESTOS IN HOMES The Director of Public Works reported that a former member of the Environmental Quality Control Board who resides in College Park West discovered a heating duct in his residence that contained a type of asbestos, and had requested that the E.Q.C.B. investigate the matter. Mr. Johnson stated that subsequent to a laboratory test of the material, a report from the E.Q.C.B. requests that the City Council make homeowners in the College Park East and West areas aware of the possible need to inspect their heating ducts. Discussion followed with the City Attorney cautioning as to the possible liability exposure on the part of the City, and suggesting that the City could advise the homeowner that there may be a potential problem, making it the obligation of the homeowner to obtain an inspection of the heating system. Council questioned whether or not 11-28-83 this typ~ of asbestos is a potential health hazard. Risner moved, second by Vanderstaay, to direct the staff to contact a qualified laboratory to ascertain if this particular type of asbestos is harmful and that the City Manager and City Attorney prepare an appropriate news release for information of the residents. Mayor Grgas requested that the Public Works Director investigate changes in the Uniform Building Code to prevent materials containing asbestos from being used. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried REPORT - GREENBELT TREE PLANTINGS The City Manager reported that in conjunction with the Fourth Annual Christmas on the Green Program, the Seal Beach Coordinating Council had requested the planting of six California Christmas Trees that were being donated by local organizations. Mr. Parker stated that the type and size of the trees and their location on the greenbelt had been reviewed by the City Engineer and deemed acceptable, therefore administrative authorization had been given to plant the trees, noting also that two trees on the greenbelt were in need of replacement. The City Manager explained that the Coordinating Council had installed the power poles in 1981 at their expense, and verified that the City does pay the electricity costs when the poles are in use. The City Manager continued, explaining that activities conducted within the City, specifically the use of public property, is reviewed through an activity request process, conditions imposed, deposits required when necessary, and administratively approved or denied. Mr. Parker stated eighty-nine such requests had been processed during the past year. The City Manager reported also that several citizens had expressed their concern regarding the Christmas tree planting on the greenbelt. Mayor Grgas stated that persons not involved with Coordinating Council activities were unaware of the proposed tree planting prior to a newpaper article which referred to "Christmas Tree Lane on the Greenbelt" and suggested that activities that are of a permanent nature be presented to the Council for consideration and/or approval. Mayor Grgas also suggested that the trees on the greenbelt be limited to the number that currently exist. Discussion continued with members of the Council expressing their views. Risner moved, second by Brownell, to receive and file the City Manager's report. Members of the audience expressed their views regarding the Christmas Tree planting, limiting the number of trees, payment for electricity usage, selection of trees, and potential for injury. Mrs. Heggstrom, Chairman of the Christmas On The Green Committee, extended an apology for the newspaper article that contained incorrect information, and explained that the intent of the Coordinating Council and the Committee was to donate the trees as a permanent beautification to the City. Mrs. Heggstrom also responded to questions and concerns expressed by the Council and members of the audience. Vote on the motion to receive and file: AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried APPOINTMENT - CIVIL SERVICE BOARD - DISTRICT FIVE Councilmember Brownell moved to appoint Mr. Maury Gutkin to fill the existing vacancy on the Civil Service Board from Councilmanic District Five for the unexpired term ending July 1987. Councilmember Risner seconded the motion. I I I ll-28-83 AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried 1 APPOINTMENTS - DOWNTOWN REVITALIZATION STUDY - TASK FORCES Mayor Grgas moved to appoint Mr. Dennis Donelson to the Traffic/Parking/Urban Design Task Force from District One. Councilmember Risner seconded the motion. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Mayor Grgas moved to appoint Mr. James Watson to the Market/Business Analysis Task Force from District One. Councilmember Risner seconded the motion. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Councilmember Vanderstaay moved to appoint Mr. John C. Konopka to the Traffic/Parking/Urban Design Task Force from District Two. Mayor Grgas seconded the motion. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Councilmember Vanderstaay moved to appoint Mrs. Barbara Rountree to the Market/Business Analysis Task Force from District Two. Mayor Grgas seconded the motion. 1 AYES: NOES: ABSTAIN: Brownell, Grgas, Laszlo, Vanderstaay None Risner Motion carried Councilman Laszlo moved to appoint Mr. Frank Clift to the Market/Business Analysis Task Force from District Four. Mayor Grgas seconded the motion. AYES: NOES: Brownell, Grgas~ Laszlo, Risner, Vanderstaay None Motion carried I ORAL COMMUNICATIONS Mayor Grgas declared oral communications open. Councilman Brownell referred to the pedestrian crosswalk at the intersection of Seal Beach Boulevard and Westminster Avenue and explained for the benefit of those present that funds have been budgeted to modify that traffic signal to accommodate the pedestrian traffic and that the project is expected to be completed in approximately a month. Mayor Grgas requested that staff report street lights that are out along Electric Avenue. Mitzi Morton inquired about the expansion of the Senior Citizen Center as referred to in a recent newspaper article. The City Manager reported a proposed expansion had been discussed once at a meeting requested by the Friends of the Library, and that no further discussions have taken place. There were no other oral communications; Mayor Grgas declared oral communications closed. CLOSED PERSONNEL SESSION It was the order of the Chair with consent of the Council to recess to Closed Personnel Session at 9:09 p.m. The meeting reconvened at 10:IS p.m. with the Mayor calling the meeting to order. The City Attorney reported the Council had discussed a personnel matter and gave direction to the staff. 11-28-83 / 12-12-83 CITY MANAGER VACATION HOURS The City Manager requested Council consideration of one additional item. Mr. Parker reported that he currently has 132 hours accrued vacation time, and requested payment for 120 of those hours at this time rather than at a future date. Brownell moved, second by Vanderstaay, to approve payment to the City Manager for 120 vacation hours. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I ORAL COMMUNICATIONS It was the consensus of the Council to allow another member of the audience to address the Council. Mrs. Barbara Rountree inquired if it was necessary to submit the matter of two-story cabanas in the Trailer Park ~o the Coastal Commission for consideration. The City Manager responded that the staff is investigating the matter. ADJOURNMENT Laszlo moved, at 10:19 p.m. AYES: NOES: second by Brownell, to adjourn the meeting Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Approved: erk of I Attest: c;},~.J}{ 12 ity CIeri- Seal Beach, California December 12, 1983 The City Council of the City of Seal Beach met in regular session at 7:08 p.m. with Mayor ProTempore Brownell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTempore Brownell Counci1members Laszlo, Risner, Vanderstaay I Absent: Mayor Grgas Mayor Grgas arrived at 7:12 p.m.