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HomeMy WebLinkAboutCC Min 1982-01-25 1-25-82 Seal Beach, California January 25, 1982 The City Council of the City of Seal Beach met in regular session at 7:10 p.m. with Mayor Laszlo calling the meeting to order with the I Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Kredell, Seitz, Supple, Vanderstaay Absent: None Also present: Mr. Parker, City Manager Mr. Stepanicich, Assistant City Attorney Mr. Johnson, City Engineer/Director of Public Works Chief Picas cia, Police Department Chief Hutain, Fire Department Mr. Thomas, Finance Director/City Treasurer Ms. Danielson, Planning Director Mr. Joseph, Assistant City Manager Mrs. Yeo, City Clerk WAIVER OF FULL READING Kredell moved, second by Vanderstaay, to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of I reading shall be deemed to be given by all Council members after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried PRESENTATION - SEAL BEACH NUCLEAR ACTION GROUP At the request of the Mayor, Seitz moved, second by Vanderstaay, to set a thirty minute time limit for the SNAG presentation. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried Members of the Seal Beach Nuclear Action Group gave a slide presenta- tion and narrative regarding the Seal Beach Naval Weapons Station, I expressing their concern that nuclear weapons may be stored at that facility and the potential hazard to the community. They expressed their goals as increasing public awareness, obtaining confirmation or denial of nuclear weapon storage and their removal until such time an Environmental Report and safety measures are implemented. It was 1-25-82 stated 750 petitions had been signed requesting an investigation of the facility by the appropriate governmental agency, a sample copy of the petition provided each member of the Council. SNAG requested City support of their action. Mayor Laszlo expressed appreciation to SNAG for their informative presentation. AGENDA AMENDED Seitz moved, second by Vanderstaay, to consider Item "M", Municipal Homeowners Insurance, out of order at this time. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried MUNICIPAL HOMEOWNERS INSURANCE The City Manager presented the staff report and stated participation in the Municipal Homeowners Insurance Program presents no risk on the part of the City, that the City would be the insured party not the insurer, participation would take the form of home safety inspections conducted by fire personnel and that the option of participating in the program is with the individual homeowner. Mr. Parker stated that it had been determined the AVCO plan would not benefit the Leisure World community at this time therefore the anticipated revenue to the City without Leisure World participation is estimated to be in excess of $42,000 for the first year with a probable revenue in excess of $250,000 when the program is fully operational. Mr. Parker noted the only cost to be borne by the City would be personnel time for the home safety inspections, vehicle and fuel costs, all other costs to be the responsi~ility of AVCO. Mr. Parker stated the program has been reviewed and is supported by the City Manager, Police and Fire Departments. Mr. Ricci, Westminster Avenue, Seal Beach, Mr. Banister, Huntington Beach, Mr. Ludlow, President of the Independent Insurance Brokers of Orange County, and Mr. Berlowe, Executive Director of the Independent Insurance Agents and Brokers of Orange County, were present and spoke in strong opposition to the Municipal Homeowners Program and questioned the hold harmless provisions of the agreement with AVCO, coverage for multiple dwellings, anticipated profit to the City, and administrative costs. The I I I 1-25-82 I insurance representatives also spoke regarding the complexity of home safety inspections and the City's liability as a result of improper inspections, the necessity for two person inspection teams, time required to perform home inspections and the cost of each, the number of homes likely to qualify on first inspection, traditionally under- insured dwelling units and higher insurance premiums under the Home- owners Program, financial loss to the insurance industry in recent years, partial replenishment of that loss through investment programs and noting that the City would not share in the investment profit returns. The City Manager stated the proposed agreement with AVCO was non-exclusive, the first phase of the program being designed to insure single family residential structures with apartment dwellings being included at a later date. Mr. Parker also stated the anticipated revenue return to the City will depend largely on a reduction of the City's loss ratio through the home inspection program and implementa- tion of safety measures. Members of the audience expressed support for the Program, and suggested participation be postponed pending an evaluation of other cities experience with the Program, that a provision for minimum revenue return to the City be considered, suggested AVCO assume fifty percent of the home inspection costs, and that strong hold harmless provisions be provided. Mr. William Hanna, Consultant for AVCO, responded that most dwellings are insured for only an amount considered adequate by the insuring company which is generally under the replacement cost in the event of a loss, that to the best of legal opinions a city would be no more liable under a home safety inspection program than under any other type of inspection program, that the cost of conducting the home inspections with present personnel would be relatively small, and that the number of homes that qualify for the Program on the first inspection is quite high. Mr. Hanna clarified that the Council would not be endorsing the Program, merely making the public aware of its availability, participation being the option of the homeowner, and noted the City actually controls its own revenue potential by loss'reduction through various programs. Mayor Laszlo stated he would like additional time to review the Program before I I 1-25-82 making a decision. Councilman Seitz expressed support for the Homeowners Insurance and requested a provision be included that would allow local independent insurance agents to participate in the AVCO plan and inquired as to the method for terminating the agreement. The City Attorney responded that the staff had expressed that concern and that agreement had been reached with AVCO for a five year term for the policy and termination upon thirty days prior notice. The City Attorney also explained the hold harmless clauses under Section I (F) and (K) of the policy endorsement. Mayor Laszlo requested a three to five year breakdown for fire and burglary losses from the respective departments. Seitz moved, second by Laszlo, to refer this item back to staff for implementation of the local agent and termination provi- sions and the reports requested by Mayor Laszlo. The City Manager explained the policy presently contains a thirty day cancellation clause without cost and Mr. Hanna stated the Program allows partici- pation of independent agents as long as they meet the standard criteria, and stated he did not feel AVCO would object to the specific inclusion of that provision. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried Mayor Laszlo also requested a report setting forth the past experience of AVCO. Mayor Laszlo declared a recess at 9:27 p.m. The meeting reconvened at 9:39 p.m. with the Mayor calling the meeting to order. ORDINANCE NUMBER 1113 - ZONING - RESIDENTIAL/COMMERCIAL/PARK ZONE Ordinance Number 1113 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 28 OF THE SEAL BEACH MUNICIPAL CODE BY AMENDING SECTION 28-900 RESIDENTIAL/COMMERCIAL/PARK ZONE." By unanimous consent, full reading of Ordinance Number 1113 was waived. Councilman Kredell requested that the record reflect that he approves of the 70/30 land use concept, however he favors residential over commercial use. Councilman Supple stated he felt allowing a greater percentage of developable land would be advisable. Seitz moved, I I I 1-25-82 second by Vanderstaay, to adopt Ordinance Number 1113 as presented. AYES: Laszlo, Seitz, Vanderstaay NOES: Krede11 , Supple Motion carried ORDINANCE NUMBER 1111 - GRANTING FRANCHISE - CABLE COMMUNICATIONS SYSTEM I Ordinance Number 1111 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH GRANTING TELEPROMPTER OF SOUTHERN CALIFORNIA, INC. A FRANCHISE TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNI- CATIONS SYSTEM WITHIN THE CITY." By unanimous consent, full reading of Ordinance Number 1111 was waived. The Assistant City Manager presented the staff report and reviewed changes and/or additions previously made to the agreement and noted two new amendments pursuant to City Council request, (1) providing service to the Los Alamitos School District subject to the approval of the City of Los Alamitos, and (2) $7000 in equipment for the Rossmoor Library. Mr. Joseph pointed out the addition of the words "material" and "after being put on notice" to Section 6-E(2) (c) on page 20; amended Section I 7-B(1)(d)(1) on page 23 to read "ninety percent (90%) of the total percentage increase"; typographical correction to Section 7-B(2), first word IIlf third line in paragraph two to read "of"; and last sentence of Section 7-B(3) , page 26, adding the words "denial or". In response to Councilman Supple, the City Manager stated the words "with assets over $30,000,000" had been deleted from Section 3-E(1) since it had been pointed out that there were local banks that could not participate if that provision existed. It was noted the two volume proposal submitted by Teleprompter is referenced in the Agreement as Exhibit B. Pursuant to Council requests and discussion, the f~llowing amendments to the Agreement were made: (1) Section 4-E, page 10, addition of the words "and the affected School District"; I (2) Section 5-A, page 12, addition of the sentence '1Maximum initially interactive two-way capability shall be designed into both residential and institutional systems"; (3) Section 5-C, page 12, addition of the sentence "If in the opinion of the Grantor services of an independent consultant are required to determine whether or not the system has 1-25-82 been kept in an up-to-date manner, all reasonable fees of the consultant shall be equally borne by the Grantee and Grantor, the Grantor to select the consultant to perform said services."; (4) Section 6-A, page 16, changing all reference to "City Manager" to "City Council"; Section 6-F(1), page 20, adding to the end of the first sentence "such effort shall include inter-connection to California State University at Long Beach for the purposes of obtaining cultural and educational programming, subject to the approval of the City of Long Beach and California State University at Long Beach." The Assistant City Manager suggested wording of Section 6-F(1) similar to that of Section 4-E. Councilman Supple expressed objection to the last sentence in Section 9-B, page 28, providing for payment of franchise fees to the City for cable services provided to Leisure Worla. Mr. Supple stated he felt that would be imposing a new fee or tax on services that have been in existance for several years. Mr. Supple also stated the Leisure World community must retain the right to select a cable communication provider upon the termination of the existing contract. The City Attorney explained that Leisure World does retain the right to contract with anyone of their choice for cable service as long as the cable signal is provided within Leisure World and not through the City's system. The City Manager clarified that the City will be receiving prepaid franchise fees for use of public property, that it has been determined those fees are not considered a tax and stated he would not object to deleting that clause so long as it did not affect the franchise fee payment. Mr. Chin, Teleprompter, stated he did not foresee any problem with deleting that clause, however he would verify that fact prior to the next meeting. Discussion continued. Supple moved, second by Vanderstaay, to delete the last sentence of Section 9-B. AYES: Kredell, Laszlo, Supple, Vanderstaay NOES: Seitz Motion carried The City Attorney recommended the fourth sentence of Section 9-B be amended adding the words "as long as such services are provided to I I I 1-25-82 Leisure World through the system." Seitz moved, second by Vanderstaay, to approve the introduction of Ordinance Number 1111 with amendments as previously stated and that Ordinance Number 1111 be passed to second reading. I AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried CONSENT CALENDAR Councilman Krede11 requested Item "G" removed from the Consent Calendar and Mayor Laszlo requested Item "J" removed. Vanderstaay moved, second by Laszlo, to approve the recommended action for items on the Consent Calendar except Items "G and J" as presented. D. Approved the minutes of the regular meeting of January 11, 1982. E. Approved regular demands numbered 42767 through 42973 in the amount of $483,890.13; payroll of I January 14, 1982 plus demands numbered 33212 through 33224 in the amount of $147,633.88 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. F. Received and filed memorandum from the City Manager regarding the oversized vehicle ordinance. H. Awarded the contract for revision of the City's Housing Element to BCL Associates in the amount of $10,000 and authorized the City Manager to execute the contract. I. Bids were received and opened by the City Clerk on January 12, 1982 at 2:00 p.m. for Project Number 509 for construction of Wheelchair Ramps as follows: I Bavin Construction Company Nobest, Inc. Stevens & Stevens Sully Miller Contracting Co. E. G. N. Construction, Inc. American Construction Damon Construction Frontier Concrete Construction Co. J. T. Garza Construction Inc. Gabi Construction Co., Inc. DeArmond Construction $ 5,984.30 6,764.00 7,905.30 8,132.15 8,684.00 8,882.90 9,116.30 10,589.45 12,066.00 19,103.39 19,548.50 - 1-25-82 Awarded the contract for the construction of Wheelchair Ramps, Project Number 509 to the low bidder, Bavin Construction Company in the amount of $5984.30 and authorized the City Manager to execute the contract. K. Denied the claim of George S. Worts, recommend that the claimant refer the claim to the County I and that said claim be referred to the City's insurance adjusters for information purposes only. L. Denied the claim of Stephen J. Polizzi and referred same to the City's insurance adjusters for investigation. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried Items Removed from the Consent Calendar ITEM "G" - LEASE OF PARKING SPACES - RESTAURANT - 901 OCEAN AVENUE - CARL STEWART Councilman Kredell stated he felt this item should be dealth with through the variance process and should be acted upon by the Planning as well as revenues generated from the parking lots. Discussion I Commission. The precedent for leasing parking spaces was discussed followed with Mr. Carl Stewart, the applicant, addressing the Council. Seitz moved, second by Vanderstaay, to direct the City Attorney to prepare an agreement enabling Mr. Stewart to lease an appropriate number of parking spaces in the Main/10th Street parking lot at a rate of $25 per year. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried ITEM "J" - CLAIM - WILLIAM J. MILLER Mayor Laszlo requested that additional street sweeping be considered for College Park East. Laszlo moved, second by Seitz, to deny the claim of William J. Miller and refer same to the City's insurance adjusters for investigation. I AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried ORAL COMMUNICATIONS Mayor Laszlo declared oral communications open. Councilman Supple 1-25-82 I referred to actions within the Leisure World ,community to detach from the City of Seal Beach, stating that consideration of deannexation is not a ,new issue and cited equity of tax dollars to services received within that area of the City. Mr. Supple stated he wished to get an indication from the Council as to the feelings regarding continuing the proceedings to deannex the Leisure World community, a yes vote indicating approval for continuing the move, a no vote showing dis- approval. Councilman Kredell stated he would support the move if the Leisure World community was in favor. Mr. Supple stated unanimous support for deannexation had been indicated by the Golden Rain Board and the Leisure World mutuals. Mayor Laszlo expressed his opposition to the proposed deannexation, recommended no action be taken until after the upcoming city elections, and requested that other members of the Council and the City Manager be permitted to address this issue with the Leisure World community. Mr. John Broddus, 13601 Alderwood Lane, Mutual Four Director, stated it was the understanding of the Leisure World leadership that they were indicating support to study the deannexation move, not favoring the actual deannexation, and expressed his opposition to such move. Councilman Seitz expressed his opposition to the deannexation move and stated he did not feel such a move would be beneficial to either Leisure World or the remainder of the City. Discussion continued. Supple moved, second by Kredell, to go on record in favor of or against the current move to deannex the community of Leisure World from the City of Seal Beach. AYES: Kredell, Supple, Vanderstaay NOES: Laszlo, Seitz Motion carried Councilman Supple presented the Councilmembers, City Manager, City Attorney and City Clerk with a copy of the Municipal Code section regarding Utility Users Tax for review and requested this it~m be a matter for discussion at an appropriate time, noting possible benefit to all citizens of the community. Councilman Kredell reported a van parked on Seal Beach Boulevard at Electric Avenue for over two months by obtaining extensions of the temporary parking permits. Mr. Kredell also reported numerous dogs on the beach the past weekend and I I 1-25-82 i 2-8-82 requested additional animal control. James Funk, 215~ - 10th Street, requested clarification of the action taken relating to the Leisure World deannexation move and stated he and the other official District One candidate do not favor deannexation. Leonard Austin, Trailer Park a ,sewer exhaust piPe; The City Manager stated he would look into the I resident, complained about fumes entering his trailer residence from complaint and contact Mr. Austin. Mr. Austin also suggested signs be placed on the beach showing the location of trash receptacles. There were no other'oral communications; Mayor Laszlo declared oral communi- cations closed. ADJOURNMENT Seitz moved, second by Vanderstaay, to adjourn Jthe meeting at 12:01 a.m. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried Approve clerk of the I , '~.r. Attest: Seal Beach, California February 8, 1982 The City Council of the City of Seal Beach met in regular session at 7:39 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Laszlo Councilmembers Seitz, Supple, Vanderstaay Absent: Councilmember Kredell