Loading...
HomeMy WebLinkAboutCC Min 1982-07-26 7~12~82 / 7-26-82 expected to take action to not pursue additional general aviation sites in Orange County, which would eliminate consideration of the Los Alamitos Air Station. ORAL COMMUNICATIONS There were no oral communications from the audience. I ADJOURNMENT Laszlo moved, second by Risner, to adjourn the meeting at 7:46 p.m. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried . y Clerk and ex-offi eal Beach City Counci I Seal Beach, California July 26, 1982 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Vanderstaay calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Vanderstaay Councilmembers Brownell, Grgas, Laszlo, Risner Absent: None Also present: Mr. Parker, Ci ty Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Johnson, City Engineer/Director of Public Works Mr. Antos, Associate Planner Mrs. Yeo, City Clerk I WAIVER OF FULL READING Laszlo moved, second by Risner, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading 7-26-82 I 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: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried PUBLIC HEARING - OIL PRODUCTION TAX Mayor Vanderstaay declared the public hearing open to consider increasing the oil production tax from twelve cents to eighteen cents per barrel of crude oil. The City Clerk certified that notice of public hearing was posted and published as required by law and that written communications had been received from the California Independent Broducers Association and Western Oil and Gas Association expressing opposition to the proposed increase in the oil production tax. The City Manager stated that subsequent to further review of the proposed oil production tax with the City Attorney and representatives of the oil companies, the staff recommendation had been revised as follows: 1) that the oil production tax and the transient occupancy tax issues not be placed on the ballot; 2) that the proposed ordinances relating to same be redrafted and resubmitted to the City Council as normal ordinances as opposed to ballot measures; 3) that the oil barrel tax not be increased to eighteen cents but be held at twelve cents; and 4) that the oil barrel tax be indexed to either the price of oil or the consumer price index, whichever is acceptable to the oil producers. The City Manager explained that it is the opinion of the City Attorney that an election may not be required to enact the tax changes in light of recent court decisions and an anticipated Supreme Court ruling that will clearly define such taxes that come under Proposition 13. Mr. Parker referred to the objection by the oil companies to increasing the tax and noted that less objection had been expressed to tie the tax either to the consumer price index or the price of oil and explained that the proposal to submit the oil production tax and the transient occupancy tax to a vote of the people had been proposed due to the threat of legal action by the oil companies. Mayor Vanderstaay invited members of the audience wishing to speak to this I I 7-26-82 item to come to the microphone and state their name and address for the record._ Mr. Bob Brain, 1435 Crestview Avenue, expressed his opposition to any oil tax, stating that the oil industry is presently the highest taxed of all industries on all levels of government, and stated that profits derived from oil production are used to further exploration and drilling. Mr. Ed Malmgreen, Assistant Vice President, California Independent Producers association, expressed opposition to an increase in the oil production tax and referred to the oil tax being based upon the consumer price index, noting that the price of oil has now decreased, that the producers are realizing less profit, less money "for exploration and drilling, while operating costs have continued to increase. Mr. Malmgreen also referred to a letter sent to the City from Mr. John Richardson, Manager, Hellman Oil Properties, which set forth the tax rate percentages on oil production. There were no other communications from the audience; Mayor Vanderstaay tieclared the public hearing closed. Councilmember Risner referred to 1982-83 budget discussions at which time an increase in the oil production tax was proposed as a means to increase City revenues, noted the reductions in personnel and services to balance the budget, reported that revenues derived from the state during 1982-83 are greater than had been anticipated at the time the budget was adopted and that property taxes are likely to be up two hundred thousand dollars due to increased assessed valuation. Mrs. Risner stated however, that additional reductions of state revenues to cities may be forthcoming in the future which will require additional revenues or more reduced expenditures and services to offset such loss, also that a five year revenue and expenditure plan should be prepared by the City Manager for Council review prior to further action on this matter. Councilmember Risner indicated she did not support indexing at this time, however expressed support for a reasonable increase in the oil production tax and placing this issue on the ballot at such time as necessary. Councilmember Laszlo stated he did not support an increase of this tax at this time but would support indexing of the oil production tax or tying it to the I I I .7-26-82 I consumer price index and stated he did not favor placing the issue on the ballot in November. Councilmember Brownell stated that in view of the fact that the City will apparently have sufficient revenues to meet its needs during this fiscal year, that consideration of increasing the oil production and transient occupancy taxes and placing these issues on the ballot should be postponed until the Supreme j::ourt definition of special taxes is clear. Councilman Grgas stated for the record that as a member of the private business sector he understands that it is onerous to pay excessive taxes, however that he finds it difficult to accept the onerous taxation that the oil companies claim when over the past years there have been increased profits and credits, that profits have not been spent on new drilling and recovery systems but instead have been used for mergers and/or purchase of other companies. Mr. Grgas expressed concern with the reduction or loss of state and federal subventions in the next ~iscal year and moved to support the recommendations presented by the City' Manager with an amendment that the oil production tax be indexed and that the twelve cent tax remain stable should the price of oil decrease. Councilman Laszlo seconded the motion for discussion. Councilmember Risner moved to consider a substitute motion, that the oil production tax not be placed on the November ballot until such time that the City has additional information regarding future revenues and expenditures and pending the outcome of the Farrell case presently being considered by the Supreme Court. Councilmember Brownell seconded the motion. The City Attorney stated that a legal analysis had been prepared relating to the oil production and transcient occupancy tax increases, determining that neither of the proposed tax increases are a special tax, therefore would only require a majority vote of the electorate rather than two-thirds under Proposi- tion 13. Vote on the substitute motion: AYES: Brownell, Laszlo, Risner, Vanderstaay NOES: Grgas Motion carried I I 7'"26'"82 PUBLIC HEARING - TRANSIENT OCCUPANCY TAX Mayor Vanderstaay declared the public hearang open to consider increasing the Uniform Transient Occupancy Tax from five percent to six percent. The City Clerk certified that notice of public hearing was posted and published as required by law and that no communica- tions had been received either for or against this matter. The City Manager presented the staff report and recommendations, reviewed the rate and occupancy requirements for beach cities in the Los Angeles and Orange County areas and noted that the City Attorney had again advised that the City Council could adopt an ordinance increasing the tax without voter approval. There were no communi- cations from the audience for or against this matter; Mayor Vanderstaay declared the public hearing closed. Councilmember Risner recommended that this matter. also. be postponed pending the Supreme Court decision, noting that it would not be cost effective to place this single measure on the ballot and that an increase of this tax at this time could have a negative effect on those hotel/ motel businesses currently in existance in the City. Laszlo moved. to place the Transient Occupancy Tax proposition on the November ballot, increasing the tax from five percent to six percent. Council- member Grgas seconded the motion for discussion. Discussion con- tinued. Councilmember Laszlo moved to consider a substitute motion to delay placing the Transient Occupancy Tax measure on the ballot until such time as a decision has been made by the Supreme Court defining special taxes. Councilmember Risner seconded the motion. Vote on the substitute motion: I I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried -No Council action was taken on the following legislative items: Ordinance Number 1125 - "Calling Special Municipal Election - November 2, 1982"; Resolution Number 3184 - "Requesting County Services - Consolidation - Special Municipal Election - November 2, 1982""and Resolution Number 3185 - "Authorizing Arguments Regarding City . Measures." I 7-26-82 PUBLIC HEARING - DRAFT HOUSING ELEMENT - GENERAL PLAN Mayor Vanderstaay declared the public hearing open to consider the draft revised Housing Element to the City's General Plan. The City Clerk certified that notice of public hearing had been published as I required by law and that no communications had been received either for or against this matter. The Associate Planner presented the staff report and recommendations of the Planning Commission. There were no communications from the audience; Mayor Vanderstaay declared the public hearing closed. RESOLUTION NUMBER 3186 - ADOPTING REVISED HOUSING ELEMENT - GENERAL PLAN Resolution Number 3186 was presented to Council entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING A REVISED HOUSING ELEMENT TO THE CITY'S GENERAL PLAN." By unanimous consent, full reading of Resolution Number 3186 was waived. Councilmember Laszlo requested that the tables within the Element be updated to reflect 1980 census data; the Associate Planner responded that the tables will be updated I upon receipt of the appropriate data from the County. Discussion continued regarding the reported number of substandard housing units shown and low income households. In response to Council, the Associate Planner reported that subsequent to Council approval, the Element will be forwarded to the State for review and approval, and shOUld questions arise the staff and/or Council will be required to resolve same. Brownell moved, second by Risner, to adopt Resolution Number 3186 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried ORDINANCE NUMBER 1124 - AMENDING MUNICIPAL CODE - PARKING PERMITS Ordinance Number 1124 was presented to Council for second reading I entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 13, ARTICLE XII OF THE SEAL BEACH MUNICIPAL CODE RELATING TO PARKING PERMITS." By unanimous consent, full reading of Ordinance Number 1124 was waived. Risner moved, second by Brownell, to adopt Ordinance Number 1124 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried 7-26-82 ORDINANCE NUMBER 1126 - APPROVING SALE OF CABLE TELEVISION FRANCHISE Ordinance Number 1126 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE SALE OF THE CABLE TELEVISION FRANCHISE INGHOUSE BROADCASTING COMPANY." By unanimous consent, full reading I AWARDED TO TELEPROMPTER CORPORATION OF SOUTHERN CALIFORNIA TO WEST- of Ordinance Number 1126 was waived. The City Attorney verified that all terms and conditions of the Cable Franchise Agreement and Franchise Ordinance will be transferred to Westinghouse Broadcasting Company unchanged. Grgas moved, second by Laszlo, to approve the introduction of Ordinance Number 1126 and that it be passed to second reading. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3187 - DESTRUCTION OF RECORDS - PERSONNEL Resolution Number 3187 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING DESTRUCTION OF CITY RECORDS PURSUANT TO GOVERNMENT CODE SECTION I 34090 AND 34090.5." By unanimous consent, full reading of Resolution Number 3187 was waived. Brownell moved, second by Grgas, to adopt Resolution Number 3187 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3188 - DESIGNATING REDEVELOPMENT SURVEY AREAS FOR PROJECT STUDY Resolution Number 3188 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DESIGNATING REDEVELOPMENT SURVEY AREAS FOR PROJECT STUDY PURPOSES." By unanimous consent, full reading of Resolution Number 3188 was waived. The City Manager reported requests had been received from representatives of three separate properties to be considered for inclusion in a rede- I velopment project area, that said properties are: 1) 7/10 of an acre owned by Grotemat Trust located immediately adjacent to the Department of Water and Power hotel/park site; 2) the balance of 7-26-82 planning areas six and seven of the Hellman Specific Plan; and 3) the Surfside Colony. Mr. Parker reported that an amended Survey Area Map (Exhibit C) had been provided Council to include those lands extending seaward to the three mile limit. Mr. Parker recommended that the I proposed survey areas be referred to the Planning Commission for study and formulation of a preliminary plan for each survey area and report back to the City Council. With regard to tax increment monies required to be spent on low/moderate income housing, the City Manager explained that percentage would be required community wide and not within the specific project area, also that the Grotemat Trust would be afforded the right to participate in the hotel development negotia- tions and should that property be included in the project area, the Council would have the opportunity to extend the hotel complex into that property. Councilman Grgas requested that the 'survey area including the Hellman land be expanded to include property northwest of the City Yard and east of the reservoir, also known as the Rockwell I Industrial area. Georgiana Brown, 212 - 14th Street, read a letter from the League of Women Voters of West Orange County, opposing expansion of the Redevelopment Project Area. Mr. Art Gallucci and Mr. Darrel Stoskopf, Surfside, spoke in support of the inclusion of Surfs ide Colony in the project area. Grgas moved, second by Risner, to adopt Resolution Number 3188 and survey maps as amended. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried It was the order of the Chair with consent of Council to declare a recess at 8:40 p.m. Council reconvened at 8:50 p.m. with Mayor Vanderstaay calling the meeting to order. RESOLUTION NUMBER 3189 - ESTABLISHING SALARY RATES/EMPLOYEE BENEFITS - POLICE DEPARTMENT I Resolution Number 3189 was presented to Council 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 DEPART- MENT, AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 3189 was waived. Risner moved, second by Brownell, 7-26-82 to adopt Resolution Number 3189 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3190 - ESTABLISHING SALARY RATES/EMPLOYEE BENEFITS - SEAL BEACH CHAPTER/ORANGE COUNTY EMPLOYEES ASSOCIATION Resolution Number 3190 was presented to Council entitled "A RESOLUTION I OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AUTHORIZ:. ING THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEFITS AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 3190 was waived. Brownell moved, second by Risner, to adopt Resolution Number 3190 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3191 - ESTABLISHING SALARY RATES/EMPLOYEE BENEFITS - MANAGEMENT/NON-REPRESENTED/PART-TIME/HOURtY PERSONNEL Resolution Number 3191 was presented to Council entitled "A RESOLUTION I 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 AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 3191 was waived. Brownell moved, second by Grgas to adopt Resolution Number 3191 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried CONSENT CALENDAR Risner moved, second by Brownell, to approve the recommended action for items on the Consent Calendar as presented. meeting of July 12, 1982. I N. Approved the minutes of the regular City Council O. Approved regular demands numbered 44843 through 45063 in the amount of $208,622.86 and payroll demands numbered 1312 through 1520 in the amount 7-26-82 of $156,546.48 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. P. Granted settlement authority to the City Manager I to settle claims in amounts of $2000 or less in an effort to expedite claims processing. Q. Authorized payment of the claim for property damages of Dick Carlson, CBS Realty, in the amount of $1532 upon receipt of the appropriate Release. R. Authorized payment of the claim for automobile tire damage of Marilyn L. Bargender in the amount of $93.95 upon receipt of the appropriate Release. S. Authorized payment of the claim for automobile damages of Jericho Ann Poppler in the amount of $767.89 upon receipt of the appropriate Release. I T. Denied the claim of George Miller for bodily injury. U. Approved the additional expenditure of $4500 as Contract Change Order No. 1 for Armed Forces Reserve Center Park Perimeter Fence project. V. Bids were received and opened by the City Clerk at 2:00 p.m., July 9, 1982 for Pavement Marker Demonstration Program, Project Number 515, as follows: Cote Mark, Inc. Traffic Appliance Corp. Swanston Equipment Co. $14,650.00 16,261. 50 24,607.50 Awarded the bid to Cote Mark, Inc. in the amount of $14,650.00 as the lowest responsible bidder and authorized the City Manager to execute the I contract. W. Approved modifications to the Conditions of Sale for the Sunset Beach Water Tower so they may be entered into escrow as follows: 7-26-82 1) Within 30 days of close of escrow, all required submittals for plan check will be delivered to the Building Division of the Public Works Department; 2) Within 7 working days of written notice that a building permit is ready to issue, said permit shall be obtained; 3) Within 7 working days of obtaining permit, timbers shall be ordered; 4) Within 180 calendar days of timber delivery, the superstructure shall be renovated; 5) Within 360 calendar days from superstructure completion, the exterior of tank, elevator, garage and roof shall be completed; 6) All interior work in the dwelling unit will be completed in a timely manner so as to obtain a Certificate of Occupancy as soon as possible. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried APPOINTMENTS - BOARDS and COMMISSIONS I I Citizens Participation Committee Councilmember Grgas nominated Josie Greeley, 1629 Seal Way, to the Citizens Participation Committee from District One for term ending July 1984. Councilmember Risner nominated Jeanne Kruetzfeldt, 51 Riversea Road, to the Citizens Participation Committee from District Three for term ending July 1984. Councilmember Laszlo nominated Robert Wucetich, 3560 Daisy Street, to the Citizens Participation Committee from District Four for term ending July 1984. Parks and Recreation Commission Councilmember Laszlo nominated William LaBar, 4398 Candleberry Avenue, to the Parks and Recreation Commission from District Four for unexpired term ending July 1983. I 7-26-82 I Risner moved, second by Grgas, to confirm the appointments to the Citizens Participation Committee and the Parks and Recreation Commission as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESIGNATION - ENVIRONMENTAL QUALITY CONTROL BOARD Risner moved, second by Laszlo, to accept the resignation of William LaBar from the Environmental Quality Control Board from District Four for term ending July 1984. AYES: NOES: Brownell, Grgas. Laszlo, Risner, Vanderstaay None Motion carried I Councilmember Laszlo requested that a resolution be prepared for next meeting honoring Bill Howard for his services on the Parks and Recreation Commission. Council requested a report on the status of City Boards and Commissions and recommended that the Animal Control Committee and the Bus Service Committee be disbanded. ORAL COMMUNICATIONS Mayor Vanderstaay declared oral communications open. Councilmember Risner referred to previous action authorizing a pedestrian gate opening at Catalina Avenue and Seal Beach Boulevard, reported numerous complaints from residents in that area and stated that the City Engineer had been requested to close the pedestrian gate and that the perimeter wall be reconstructed. Councilmember Laszlo inquired about the status of the Marina Palace site; the City Manager stated it is his understanding a two story office structure is being proposed for the property and that he wished to contact the developer so that the City could become involved in the development negotiations. Grgas moved, second by Risner, to authorize the City Manager to communicate with the developer as requested and report back to Council. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Councilman Laszlo requested the City Manager forward a letter to our Congressman requesting to be notified of any hearings upcoming I J-26-82 regarding military housing. Councilmember Risner reported on the Board of Supervisors action to implement solid waste transfer fees and requested the City Manager to convey this City's displeasure with that action to Supervisor Wieder. The City Manager stated that the transfer station fee issue is proposed for the next meeting, that letters in opposition have been received from other cities and that the Council may wish to postpone communication to Supervisor Wieder until such time as the Council can review this matter. There were no other oral communications; Mayor Vanderstaay declared oral communications closed. I ADJOURNMENT Brownell moved, second by Risner, to adjourn the meeting at 9:12 p.m. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I Attest: I