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HomeMy WebLinkAboutCC Min 1982-08-09 8-9-82 Seal Beach, California August 9, 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 I order with the Salute to the Flag. ROLL CALL Present: Mayor Vanderstaay Councilmembers Brownell, Grgas, Laszlo, Risner Absent: None Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Johnson, City Engineer/Director of Public Works Mr. Joseph, Assistant City Manager Chief Picascia, Police Department Mrs. Yeo, City Clerk WAIVER OF FULL READING Risner moved, second by Grgas, 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 the I reading of such ordinance or resolution. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried PROCLAMATION Mayor Vanderstaay declared the week of September 17 through September 23, 1982 as "Constitution Week." . ORDINANCE NUMBER 1126 - APPROVING SALE OF CABLE TELEVISION FRANCHISE Ordinance Number 1126 was presented to Council for second reading enti tled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE SALE OF THE CABLE TELEVISION FRANCHISE AWARDED TO TELEPROMPTER CORPORATION OF SOUTHERN CALIFORNIA TO WESTINGHOUSE BROADCASTING COMPANY." By unanimous consent, full I reading of Ordinance Number 1126 was waived. Laszlo moved, second by Risner, to adopt Ordinance Number 1126 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried 8-9-82 ORDINANCE NUMBER 1127 - PRIVATE ROADS/PARKING - ROSSMOOR CENTER and SURFS IDE Ordinance Number 1127 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 13, ARTICLE XIII OF THE CODE OF THE CITY OF SEAL BEACH, ENTITLED "PRIVATE ROADS." By unanimous consent, full I reading of Ordinance Number 1127 was waived. The City Manager stated that the proposed ordinance had been prepared pursuant to requests from Surfs ide Colony and Rossmoor Shopping Center for parking and traffic enforcement on those private properties, that certain markings must be refurbished in the Colony and specific signs must be posted in the Shopping Center, all at the property owners expense, prior to such time that enforcement could commence. Councilmember Laszlo stated he could not support the proposed ordinance unless the Center would agree to remove one stop sign within their parking area which he felt was unnecessary. Risner moved, second by Brownell, to approve the introduction of 'Ordinance AYES: Brownell, Grgas, Risner, Vanderstaay I Number 1127 and that it be passed to second reading. NOES: Laszlo Motion carried The City Manager stated he would contact the Rossmoor Shopping Center and discuss the removal of the subject stop sign. RESOLUTION NUMBER 3192 - COMMENDING HUGO B. RAUGUST - CIVIL SERVICE BOARD Resolution Number 3192 was presented to Council and read in full by Mayor Vanderstaay entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, COMMENDING HUGO B. RAUGUST FOR HIS SERVICE AS A MEMBER OF THE CIVIL SERVICE BOARD OF THE CITY OF SEAL BEACH." Risner moved, second by Grgas, to adopt Resolution Number 3192 as presented. NOES: None Motion carried I AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay RESOLUTION NUMBER 3193 - COMMENDING CALVIN EHLER - PARKS and RECREATION COMMISSION Resolution Number 3193 was presented to Council and read in full by Councilmember Risner entitled "A RESOLUTION OF THE CITY COUNCIL OF 8-9-82 THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING CALVIN EHLER FOR HIS DEDICATION TO CIVIC SERVICE AND THE CITIZENS OF SEAL BEACH." Risner moved, second by Grgas to adopt Resolution Number 3193 as presented. I AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3194 - COMMENDING MITCHELL GRAYSON - ENVIRONMENTAL QUALITY CONTROL BOARD Resolution Number 3194 was presented to Council and read in full by Councilmember Risner entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, COMMENDING MITCHELL GRAYSON FOR HIS SERVICE AS A MEMBER OF THE ENVIRONMENTAL QUALITY CONTROL BOARD OF THE CITY OF SEAL BEACH." Risner moved, second by Brownell, to adopt Resolution Number 3194 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried I RESOLUTION NUMBER 3195 - COMMENDING MARY MOERBEEK - PARKS AND RECREATION COMMISSION Resolution Number 3195 was presented to Council and read in full by Councilmember Brownell entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING MARY MOERBEEK FOR HER DEDICATION TO CIVIC SERVICE AND THE CITIZENS OF SEAL BEACH." Brownell moved, second by Grgas, to adopt Resolution Number 3195 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3196 - COMMENDING BILL HOWARD - PARKS AND RECREATION COMMISSION Resolution Number 3196 was presented to Council and read in full by Councilmember Laszlo entitled "A RESOLUTION OF THE CITY COUNCIL OF I THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING BILL HOWARD FOR HIS DEDICATION TO CIVIC SERVICE AND THE CITIZENS OF SEAL BEACH." Laszlo moved, second by Grgas, to adopt Resolution Number 3196 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried 8-9-82 RESOLUTION NUMBER 3197 - COMMENDING WILLIAM LA BAR - ENVIRONMENTAL QUALITY CONTROL BOARD Resolution Number 3197 was presented to Council and read in full by Councilmember Laszlo entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING WILLIAM LA BAR FOR HIS DEDICATION TO CIVIC SERVICE AND THE CITIZENS OF SEAL I BEACH." Laszlo moved, second by Risner, to adopt Resolution Number 3197 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3198 - APPROVING FINAL PARCEL MAP 80-1003 - 1001 SEAL WAY - RONALD/NANCY KREDELL Resolution Number 3198 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING FINAL PARCEL MAP NUMBER 80-1003." By unanimous consent, full reading of Resolution Number 3198 was waived. Laszlo moved, second by Risner, to adopt Resolution Number 3198 as presented. Council inquired about City regulations governing condominium conversions; the City Manager I responded that most requirements are contained within the Subdivision Map Act and that the only City requirements are set forth in a Planning Commission policy resolution, a copy of which will be provided the Council. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3199 - SUPPORTING LITIGATION AGAINST COUNTY OF ORANGE - GATE FEES Resolution Number 3199 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SUPPORTING LITIGATION AGAINST THE COUNTY OF ORANGE FOR THE IMPLEMENTATION OF GATE FEES FOR LANDFILLS AND TRANSFER STATIONS AND AGREEING TO PARTICIPATE FINANCIALLY IN THAT LITIGATION." By unanimous consent, full reading of Resolution Number 3199 was waived. The Assistant City Manager I reported that the Orange County Division of the League at a special meeting held July 29th, had considered and approved a resolution requesting member cities to review and consider participating in litigation against the County of Orange for their imposition of gate 8-9-82 I fees at land fills and transfer stations. Mr. Joseph stated the initial legal expense would be approximately $25,000 with each participating city paying their proportionate share and noted that by the imposition of this fee by the County there would be an increased cost to Seal Beach residents of approximately forty percent. Council- member Risner pointed out that Orange is the only county that does not presently impose a user fee, expressed understanding that a reasonable user fee would be in order to solve the County's solid waste budget deficit, referred however to the consultant report, authorized by the Board of Supervisors, which was received by the Orange County cities on Thursday prior to the Tuesday Supervisors meeting at which this matter was to be considered and pointed out there had not been adequate time for study of the report and appropriate response to the Board prior to their action imposing the gate fees. Councilmember Risner recommended approval of the proposed resolution supporting litigation against the County in the event negotiations and/or reconsideration of the approved gate fees is not acted upon by the Board. Risner moved, second by Brownell, to amend the Resolution adding a sentence to read "at a cost to the City not to exceed $1500.00." AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried The City Attorney stated additional legal fees could be incurred should this matter go to trial. Risner moved, second by Laszlo, to adopt Resolution Number 3199 as amended. I I AYES: NOES: CONSENT CALENDAR The City Manager requested that items "N and 0" be removed from the Consent Calendar. Risner moved, second by Brownell, to approve the recommended action for items on the Consent Calendar except Items Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried "N and 0" as presented. L. Approved the minutes of the regular meeting of July 26, 1982. 8-9-82 M. Approved regular demands numbered 1521 through 1723 in the amount of $159,927.58 and payroll demands numbered 45064 through 45157 in the amount of $439,611.89 as approved by the Finance Committee and that warrants be drawn on the I Treasury for the same. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Items Removed from the Consent Calendar ITEM "N" - RENEWAL AGREEMENT - BROWN BROTHERS ADJUSTERS The City Manager requested that the word "shall" be deleted from the first sentence of the paragraph entitled "Loss Fund" on page seven of the renewal agreement. Risner moved, second by Grgas, to approve the renewal agreement with Brown Brothers Adjusters for handling of liability claims for the term commencing July 1, 1982 and ending June 30, 1982 and authorized the City Manager to execute the agreement on behalf of the City. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay I NOES: None Motion carried ITEM "0" - AWARD OF BID - SEAL BEACH BOULEVARD OVERLAY - PHASE I - PROJECT NUMBER 510 Bids were received until 1:30 p.m., July 30, 1982 at which time they were publicly opened by the City Clerk for Seal Beach Boulevard Overlay, Phase I, Seal Beach Project Number 510 (AHFP Project 1066) as follows: R. J. Noble Company Copp Contracting, Inc. Sun Paving Company All American Asphalt Griffith Company Sully Miller Goldenwest Asphalt $ 78,689.00 80,483.52 82,085.00 82,281. 50 88,227.50 89,808.00 108,007.90 The City Engineer reported that the bids received were lower than anticipated, that the specifications for the project allow for an extension of the limits of the work to be performed and the expendi- I ture of the County funds and requested Council approval of a change order for Project Number 510 not to exceed $20,000 ($10,000 city funds/$lO,OOO county funds) to extend the project limits. Council B-9-82 I discussed the need for repair and future availability of funds for improvement of City streets and the preparation of a Capital Improve- ment Project Plan. The City Engineer indicated the Plan may be completed within thirty days. Risner moved, second by Brownell, to award the bid for Seal Beach Overlay, Phase I, to R. J. Noble Company in the amount of $78,689.00, approve a contract change order to extend the project limits not to exceed $20,000 and to authorize the City Manager to execute the contract on behalf of the City. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried COMMUNICATION - STATE BUDGET ADOPTION DATE The City Manager reported receipt of correspondence from Assemblyman Larry Stirling soliciting recommendations regarding the possibility of supporting legislation requiring the State to adopt their budget by June 15th of each year. Mr. Parker pointed out the hardship imposed on cities and counties in finalizing their budgets under the present State budget adoption deadline and stated his recommendation that the State deadline be established for May 1st of each year. Risner moved, second by Grgas, to authorize the City Manager to correspond with Assemblyman Stirling stating the Council's position supporting a May 1st State budget adoption date. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried FIRE AGREEMENT - COUNTY OF ORANGE Councilmember Risner requested a Closed Session to discuss personnel matters prior to taking action on the County Fire Agreement. Closed Session It was the order of the Chair with consent of the Council to recess to Closed Session at 7:42 p.m. The meeting reconvened at 8:12 p.m. with Mayor Vanderstaay calling the meeting to order. The City Attorney reported that the City Council had discussed personnel matters regarding the fire service agreement and that no action had been taken. With regard to the proposed contract with the County of Orange to I I 8-9-82 provide fire and paramedic services to the City for fiscal year 1982- 83 and Letter of Understanding detailing those items necessary for the transition from City to County operation, certain changes had been made to those documents as follows: Letter of Understanding, page two, "Probation Period" amended by adding "...six (6) months, subject to the other terms and conditions outlined in the applicable Memorandums of Understanding or personnel and salary resolutions"; page two, "Sick Leave" amended to read "... forty-eight (48) hours temporary sick leave", "...30.97 hours temporary sick leave", and deducted from acrued temporary sick leave balances"; and within the Agreement, a sentence added to the end of Section 1, page two, to read "The Director shall make the final determination"; a sentence added to Section 6, page three. "These formal documents may be signed at a later date"; and a sentence added to the end of Section 9, page 4, "City's right to terminate under the terms hereof shall not be effective prior to one (1) year from the date hereof." It was explained that pursuant to the Government Code the contract must be in effect for at least a twelve month period, therefore could not be terminated prior to that time, that the term of this agreement is for one year and ten months, and that subsequent agree- ments will be for a period of one year. Council discussion continued regarding maintenance of service levels, two fire stations and two engine companies, the formula by which the City's costs are established. Risner moved, second by Laszlo, to authorize the Mayor to execute the Agreement and Letter of Understanding with the County of Orange to provide fire and paramedic services to the City and authorize the City Manager to pay, as a severence pay, the difference between the City and County salaries for each employee, for a period of six months. Members of the Council expressed appreciation to the Fire Department for their outstanding service to this community. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Brownell moved, second by Risner, that each member of the Fire Department be recognized with a City Council resolution of appreciation. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried I I I 8-9-82 I APPOINTMENT - ENVIRONMENTAL QUALITY CONTROL BOARD Laszlo moved, second by Risner, to appoint Mr. Al Cruchley, 4456 Birchwood Avenue, to the Environmental Quality Control Board from District Four for the unexpired term ending July 1984. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried BOARDS, COMMISSIONS and COMMITTEES The City Manager reviewed the status of City Boards and Commissions and recommended that six of those Boards and Commissions be formally disbanded as they are no longer required. Risner moved, second by Laszlo, to consider the Ad Hoc Aviation Committee separately, as requested by Councilman Laszlo. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Brownell moved, second by Risner, to disband the Relocation Appeals Board, the Committee on Capital Projects, Ad Hoc Pacific Electric Right-of-Way Committee, General Plan Review Committee and the Underground Utilities Committee. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Ad Hoc Aviation Committee Councilmember Laszlo moved to disband the Ad Hoc Aviation Committee and that the record reflect that there was one individual member who was a detriment to the Committee. Councilmember Risner seconded the motion. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Councilmember Risner requested that reorganization of the Project Area Committee be considered by Council, noting that the present members had been appointed by only one Councilmember, and suggested that membership terms be established as well as a termination date for the Committee, and stated she had requested a report from the City Manager regarding this matter. Councilmember Grgas noted for the record that the Committee members reside in more than one I I 8-9-82 councilmanic district. Councilmember Risner also inquired as to the roll of the Historical Society in relation to the formulation of the Historical Element to the General Plan; the City Manager to respond. APPOINTMENT - ORANGE COUNTY HEALTH PLANNING COUNCIL Risner moved, second by Brownell, to reappoint Mrs. Francis Richland as the City's representative to the Orange County Health Planning Council and Mayor Vanderstaay as the alternate representative. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried MEMORANDUM - ZOETER SCHOOL PROPERTY Councilmember Risner reviewed her memorandum to the Council regarding the Zoeter School property and the recreational activities that take place at that site, the provisions of AB 859, the Naylor bill, which applies to the sale or lease of surplus school district real property and requested that the City Manager and City Attorney investi- gate and report to Council the provisions of the Naylor bill and any other laws that may apply to obtaining and/or use of the Zoeter School site, subsequent to the outcome of the November election issue regarding consolidation of the Seal Beach and Los Alamitos School Districts. Risner moved, second by Grgas, that that City Council go on record that they will pursue all possible means to insure that the recreation facilities at Zoeter School will be retained for continued use by the community. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried ORAL COMMUNICATIONS Mayor Vanderstaay declared oral communications open. Vanderstaay moved that the City Manager and the City Attorney prepare a report regarding the need and/or possible elimination of the utility users tax. Councilmember Laszlo seconded the motion. Councilmember Risner requested that the motion be amended, with consent of the maker, that an increase of the amount of exemption from $5,000 to $12,000 also be addressed. Vote on the motion as amended: I I I 8-9-82 I AYES: Brownell, Grgas, Laszlo, Risner, ~anderstaay NOES: None Motion carried Councilmember Grgas referred to the anniversary of the atom bombing of Nagasaki and requested the Council and audience reflect silently for a moment in memory of those who sacrificed and suffered this occurrance. Councilman Laszlo stated that funding sources are being sought for improvements to the Los Alamitos Reserve Center Park near the College Park East area and suggested that a potential source of income for City recreation functions could be derived by allowing bingo games in the City. Mr. Laszlo stated bingo is allowed in several other surrounding communities and requested that the Council consider authorizing bingo in Seal Beach. The City Manager stated he would prepare a report for Council consideration. There were no other oral communications; Mayor Vanderstaay declared oral communications closed. ADJOURNMENT Laszlo moved, second by Risner, to adjourn the meeting at 8:50 p.m. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried I Attest; j-~ Approved: I