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HomeMy WebLinkAboutCC Min 1982-04-26 4-12-82 / 4-26-82 ADJOURNMENT Kredell moved, second by Vanderstaay, to adjourn the meeting at 8:37 p.m. AYES: Kredell; Laszlo, Seitz, Supple, Vanderstaay I NOES: None Motion carried of the APProw~4..Lc4r Mayor AU"" c)A~" tJ)z( ~ City Clerk Seal Beach, California April 26, 1982 I The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Laszlo calling the meeting to order with the 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. Joseph, Assistant City Manager Mr. Johnson, City Engineer/Director of Public Works Ms. Danielson, Planning Director Chief Hutain, Fire Department Mr. Osteen, Recreation Director Mrs. Yeo, City Clerk WAIVER OF FULL READING I Kredell moved, second by Vanderstaay, 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 City 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 4-26-82 PROCLAMATIONS Mayor Laszlo proclaimed the week of May 8 through May 15, 1982 as "AlA Celebration of Architecture Week." Mayor Laszlo proclaimed the month of May, 1982 as "Mental Health Month." Mayor Laszlo proclaimed the month of May, 1982 as "National Hearing I and Speech Month." Mayor Laszlo proclaimed the month of May, 1982 as "Bike Month." RESOLUTION NUMBER 3148 - HONORING MARY LEIBERT - PLANNING COMMISSIONER Resolution Number 3148 was presented to Council and read in full by the Mayor entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING MARY LEIBERT FOR HER SERVICE TO THE CITY OF SEAL BEACH AS A MEMBER OF THE PLANNING COMMISSION. Supple moved, second by Vanderstaay, to adopt Resolution Number 3148 as presented. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3149 - OPPOSING ASSEMBLY BILL 2742 - CABLE TELEVISION I Resolution Number 3149 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH OPPOSING ASSEMBLY BILL 2742 GIVING THE PUBLIC UTILITY COMMISSION REGULATORY AUTHORITY OVER CABLE TELEVISION." By unanimous consent, full reading of Resolution Number 3149 was waived. The Assistant City Manager explained that the proposed Assembly Bill 2742 would take away local authority to regulate cable television, including rates, local programming, channel requirements and service standards and would place a ten percent gross receipt tax on the cable subscriber. In response to discussion, the Assistant City Attorney stated that the recent Boulder case decision did not remove the authority of cities to regulate cable television or any other franchise agreement, however it would possibly subject cities I to anti trust determinations and clarified that this decision has been returned to the courts for further determination. Discussion continued. Kredell moved, second by Vanderstaay, to adopt Resolution Number 3149 as presented. 4-26-82 AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3150 - DISAPPROVING REALLOCATION OF AIR POLLUTION FUNDS Resolution Number 3150 was presented to Council entitled "A RESOLUTION I OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA REQUESTING THE LEGISLATURE TO DISAPPROVE THE REALLOCATION OF AIR POLLUTION FUNDS TO THE AIR RESOURCES BOARD." By unanimous consent, full reading of Resolution Number 3150 was waived. Supple moved, second by Vanderstaay, to adopt Resolution Number 3150 as presented. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3151 - OPPOSING ASSEMBLY BILL 2660 - SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT BOARD MEMBERSHIP Resolution Number 3151 was presented to COlmcil entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, EXPRESSING ITS OPPOSITION TO ASSEMBLY BILL 2660 AND URGING STATE LEGISLATION TO REJECT THIS I PROPOSAL." By unanimous consent, full reading of Resolution Number 3151 was waived. Kredell moved, second by Vanderstaay, to adopt Resolution Number 3151 as presented. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3152 - SUPPORTING SUPER BOWL XX AT ANAHEIM STADIUM Resolution Number 3152 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING THE EFFORTS OF ANAHEIM, BUENA PARK, AND OTHER ORANGE COUNTY CITIES AND ORGANIZATIONS TO BRING THE SUPER BOWL XX TO ANAHEIM STADIUM." By unanimous consent, full reading of Resolution Number 3152 was waived. Kredell moved, second by Vanderstaay, to adopt Resolution Number 3152 as presented. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay I NOES: None Motion carried CONSENT CALENDAR Councilman Supple requested Items "M, N and 0" be removed from the Consent Calendar and the City Manager requested Item IIp'' removed from the Consent Calendar. Vanderstaay moved, second by Kredell, to 4-26-82 approve the recommended action for items on the Consent Calendar as presented except Items "M, N, 0 and P." J. Approved the minutes of the regular meeting of April 12, 1982 as presented. K. Approved regular demands numbered 43882 through 44049 in the amount of $202,159.55; payroll of April 22, 1982 plus demands numbered 33283 through I 33285 and number 1-235 in the amount of $147,475,65 as approved by the Finance Committee and that warrants be drawn on the treasury for the same. L. Denied the claim of Carolyn M. Owen for reimbursement of repairs to property. Q. On March 31, 1982, five informal proposals were received from landscape architects to provide complete design services for Marina Park Extension, Project Number 520, as follows: Saito Associates $ Van Dell & Associates, Inc. Cardoza, Dilallo & Associates Berryman & Stephenson, Inc. POD, Inc. 5,000 5,900 8,200 10,400 10,500 I Authorized the City Engineer to authorize Van Dell & Associates, Inc., determined by staff to have the best overall proposal on the basis of qualifications and fee, to provide design services for Marina Park Extension, Project Number 520, in the amount of $5,900. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried Items Removed From the Consent Calendar ITEM "M" - PROJECT AGREEMENT - PURCHASE OF NORTH SEAL BEACH COMMUNITY CENTER In response to Councilman Supple, the Recreation Director explained I that the City has had a lease agreement for the North Seal Beach Community Center for the past fourteen years, that the annual lease payment is approximately $8,000 and the agreement stipulates that the City has the option to purchase the Center in the sixteenth lease year. Supple moved, second by Vanderstaay, to authorize the City Manager to execute the Agreement with the State of California Department of Parks and Recreation for $76,941.00 State, Urban, and Coastal Park 4-26-82 Bond Act of 1976 funds. AYES: NOES: Kredell, Laszlo, Seitz, Supple, Vanderstaay None Motion carried I ITEM "N" - WEST ORANGE COUNTY WATER BOARD BUDGET Councilman Supple asked where the West Orange County Water Board expense is shown in the City budget and inquired as to what the funds are used for. The City Engineer explained that the proposed budget included basic operational expenses, personnel costs for retention of an engineer and legal counsel, funds for maintenance, repair and operation of the water transmission mains, contingency for water line replacement, a contractual obligation and an unresolved legal action. Supple moved, second by Vanderstaay, to approve the West Orange County Water Board 1982-83 budget as presented. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried ITEM "0" - APPOINTMENT - PLANNING COMMISSION Councilman Supple introduced Mr. Asa Smith, 1381 Merion Way, and presented a brief review of Mr. Smith's background and qualifications and moved to appoint Mr. Smith to the Planning Commission from Council- manic District Five for the unexpired term ending July 1983. Council- member Vanderstaay seconded the motion. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried ITEM "P" - SOROPTIMIST INTERNATIONAL OF SEAL BEACH - RENAISSANCE FAIRE The City Manager reported for the information of the Council that in conjunction with the Soroptimist Renaissance Faire palm readings would be conducted and explained the provisions of the Municipal Code relating to fortunete11ing and the interpretation of those provisions. Vanderstaay moved, second by Supple, to receive and file the City Manager's memorandum. I I AYES: NOES: Kredell, Laszlo, Seitz, Supple, Vanderstaay None Motion carried The pastors from two local churches expressed opposition to this activity. The President of the Soroptimist Club stated the Soroptimists 4-26-82 had met with the Police Chief to discuss this matter and that all guidelines and regulations set forth would be complied with. FIRE SERVICES - COUNTY OF ORANGE The City Manager presented an overview of contracting with the County of Orange for fire protection services which would result in an approxi- mate savings to the City of $290,000 and stated the proposed 1982-83 budget had been prepared on the basis of contracting for fire services. The City Manager explained that the County would maintain the operation of the two existing fire stations and a paramedic unit, that city sworn fire personnel would be absorbed by the County and that the Net 6 agreement would continue. Mr. Parker stated it was staff recommenda- tion to contract with Orange County for fire services and requested authorization to negotiate a contract with the County for same. Councilman Seitz expressed his concern regarding loss of local control, increased County costs in the future, recommended that any contract be negotiated on a long term basis, possibly for a ten year period, and contain provisions stipulating specific percentages for personnel salary increases, stated his concern that the City would be paying an overall percentage of the total County fire budget, questioned the formula for calculating City costs for fire services, asked if all costs were reflected in the County proposal and objected to any increase in the size of the service area without reimbursement to the City. Larry Holmes, Orange County Fire Chief, stated that the cost formula based on assessed valuation appears to be a fair and accuTate method to establish costs and is applied to each city and county area on an equal basis, explained personnel cost savings derived through centralized administration, stated that the County's standard contract is for a term of five years with annual review for renewal and explained that County fire is a special district, receiving its funds directly from the property tax rolls and not from the County General Fund. Councilman Supple spoke regarding the present paramedic service area, the time between calls, the cost per response and recommended that the City at least contract with the County for paramedic services. Mayor Laszlo stated he had discussed County fire services with representatives from I I I 4-26-82 I several Orange County cities, each of whom had expressed satisfaction with their services. Discussion continued. The City Manager clarified that 'the County contract is for five years with annual review and that the County would not change their contract, also, that the Orange County Fire Chief had stated the service territory would be somewhat enlarged. Mayor Laszlo stated he would like assurance that the same level of personnel will be maintained. With reference to volunteers, Chief Holmes stated this was one area that required further discussion, noting the ,City presently has fourteen volunteers and stated that after evaluation it would be determined whether or not a full complement of twenty-five volunteer personnel would be necessary. Supple moved, second by Vanderstaay, to authorize the City Manager to negotiate an agreement with the County of Orange to provide fire and paramedic services and that said agreement be presented to Council for ratification. AYES: ' Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried HOUSING/COMMUNITY DEVELOPMENT TARGET AREA EXPANSION The Planning Director reported on the possibility of expanding the target area for Housing/Community Development Block Grant Funding as requested by Council, noting the requirement that a target area must have at least fifty percent low/moderate income level families and stated the Coastal District and Leisure World would qualify under this requirement. The Planning Director reported that Leisure World could be added to the target area, however no grant funds could be spent for improvement or repair of any private facility such as streets, sidewalks lighting, clubhouses, or open space, that should funds be directed to housing structural repair, wiring, plumbing or roof repair and in view of the fact that all living units are owned by a mutual, unanimous approval of the members of the mutual would be necessary, an assess- ment district would need to be formed to provide for repayment of funds, and real property would be required to be placed as collateral for the funds. Kredell moved, second by Vanderstaay, to receive and file the report. I 1- AYES: NOES: Kredell, Laszlo, Seitz, Supple, Vanderstaay None Motion carried 4- 26- 82 1982-83 PROPOSED BUDGET The City Manager stated that the City Council had been provided copies of the proposed 1982-83 fiscal year budget as required by the City Charter, that the budget as presented is balanced and reviewed specific highlights of the budget document. Mr. Parker pointed out the possibility of additional state and Federal funding loss, increased revenues upon completion of anticipated developments, and recommended three areas of increasing revenues by increasing fees to cover the cost of services, revision of the bid tax and indexing the barrel tax. Mr. Parker requested that the Council establish dates for budget workshops and suggested the Councilmembers elect and the candidates be invited to join the workshops. It was the consensus of the Council postpone setting the budget workshop dates until next meeting. ORAL COMMUNICATIONS Mayor Laszlo declared oral communications open. Councilman Seitz referred to a Newsletter memorandum regarding recently enacted AB 699 relating to a local jurisdictions power to regulate cable television rates and recommended support for the cities of Pittsburg and Antioch in their legal action challenging the validity of AB 699 and that Seal Beach participate financially as requested. The City Manager stated a report would be forthcoming at next meeting. Councilman Seitz further requested that the City Attorney provide a legal opinion setting forth unquestionable doubt that Seal Beach need not participate in this action because this City is protected pursuant to our cable television franchise agreement. Councilman Seitz referred to the compensation received by the members of the Planning Commission and suggested their compensation be increased to $100 per month to be donated back to the City, therefore allowing the Commissioners to declare their compensation as a tax deduction. With reference to the proposed reorganization of the City's Planning Department, Mr. Seitz referred to several upcoming projects within the City and requested a report be prepared setting forth the mechanism by which planning functions will be conducted and that said report be provided the Council and the Planning Commission prior to budget discussions. Mr. Seitz I I 1'1 .I j ~ \ \ \ \ , 4-26-82 I also requested that the Council be informed of information items prior to such time as 'they are made public through the press. Councilman Seitz asked if a resolution forwarded to the City's State representatives urging resolve of the wetlands issue on the Hellman property by the State Fish and Game Department would be helpful. The City Manager reported on the State Coastal Commission hearing relating to this matter, explained the three alternatives that were considered, each requiring twenty-five acres of wetlands, noting that in actuality only five acres of wetlands exist,-and that the Coastal Commission referred the matter to the Coastal Conservancy for study and that a report be provided to the Commission. The City Manager suggested that Council may wish to consider sponsoring legislation exemption that property from the jurisdiction of the Coastal Commission. Dis- cussion followed. The City Manager stated he would prepare a resolution and the appropriate documents for consideration of the Council at next meeting. Councilman Kredell reported complaints of persons consuming alcoholic beverages on the beach and requested Police Department enforcement and asked for a report on the status of animal control personnel activities and duties. Mayor Laszlo requested that the Bixby Ranch Company be requested to abate weeds on their property located at Seal Beach Boulevard and Lampson Avenue. Mr. Frank Clinton, 1517 Seal Way, commended the Council for their stand relating to the S.N.A.G. request for a safety investigation of the Naval Weapons Station. There were no other oral communications; Mayor Laszlo declared oral communications closed. ADJOURNMENT Vanderstaay moved, second by Supple, to adjourn the meeting at 9:52 p.m. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried I I 4-26-82 / 5-10-82 clerk of the App~,~ :;; A.'" g/- ayor I Attest: Seal Beach, California May 10. 1982 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Supple, Vanderstaay Absent: Councilmembers Kredell, Seitz I Also present: Mr. Parker, City Manager Mr. Stepanicich, Assistant City Attorney Mr. Joseph, Assistant City Manager Mr. Johnson, City Engineer/Director of Public Works Chief Picas cia, Police Department Chief Hutain, Fire Department Mr. Donelson, Battalion Chief Ms. Danielson, Planning Director Mr. Osteen, Recreation Director Mrs. Yeo, City Clerk WAIVER OF FULL READING Supple moved, second by Vanderstaay, 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 Council members after reading of the title unless specific request is made at that time for AYES: Laszlo, Supple, Vanderstaay I the reading of such ordinance or resolution. NOES: None ABSENT: Kredell, Seitz Motion carried ACKNOWLEDGEMENT - FIRE DEPARTMENT AWARD Mayor Laszlo acknowledged a plaque from the Orange County Board of Supervisors expressing appreciation to the Seal Beach Fire Depart-