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HomeMy WebLinkAboutCC Min 1982-08-23 8-23-82 Seal Beach, California August 23, 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, Vanderstaay Absent: None Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Johnson, City Engineer/Director of Public Works Chief Picas cia, Police Department Mrs. Yeo, City Clerk WAIVER OF FULL READING Risner moved, second by Brownell, 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 reading of such ordinance or resolution. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: Motion carried None PROCLAMATIONS Mayor Vanderstaay proclaimed the month of September 1982 as "Leukemia Month." Mayor Vanderstaay proclaimed September 3, 1982 as "Kiwanis Kids' Day" and presented the proclamation to Mr. Dennis Yates of the Leisure World Kiwanis Club. Mayor Vanderstaay proclaimed September 8, 1982 as "National Cancer Day." ORDINANCE NUMBER 1127 - PRIVATE ROADS/PARKING - ROSSMOOR CENTER and SURFS IDE COLONY Ordinance Number 1127 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL 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 reading of Ordinance Number 1127 was waived. The City Manager reported this ordinance is proposed pursuant to requests submitted to the City I I I 8-23-82 by Surfs ide and Rossmoor Center for enforcement of vehicle code viola- tions on private property. The City Manager stated the Center had also requested that a provision be added that would allow the business- men to patrol the area at their discretion, however it is the opinion I of the staff and the City Attorney that such provision would be deemed illegal. Councilmember Laszlo expressed his concern with the ordinance, objected to Surfside and the Rossmoor Center being referenced within one document, referred to Rossmoor Center ownership change and questioned who originated the Rossmoor request. Dorothy Phillips, Manager of Rossmoor Center, stated that she had been authorized to make the request to the City on behalf of the property owners. Mr. Laszlo asked if the tenants of the Center had been consulted regarding this request and referred to traffic enforcement in other shopping centers which includes speeding, no parking and handicapped violations only. Ms. Phillips indicated a motocycle and bicycle problem also exists at Rossmoor and stated that the tenants, pursuant to their I leases, have no authority over the common areas of the Center. Discussion continued. Risner moved, second by Brownell, to adopt Ordinance Number 1127 as presented. The City Attorney explained that should regulations governing the two areas be considered by separate ordinance they would ultimately be included under the same Municipal Code section, and that there are limitations as to what type of violations can be enforced by the City on private property. Councilman Laszlo moved to present a substitute motion to hold this item over until next meeting, that regulations governing shopping centers in other communities be obtained as well as the opinions of the tenants in the Rossmoor Center, for review by the Council. Councilman Grgas seconded the motion for discussion. Concern was expressed as to the value of reviewing regulations governing other larger shopping centers. I Vote on substitute motion: AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3200 - ESTABLISHING SALARY RATES/BENEFITS - PART TIME/HOURLY PERSONNEL Resolution Number 3200 was presented to Council entitled "A RESOLUTION 8-23-82 OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, 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 3200 was waived. Grgas moved, second by Laszlo, to adopt Resolution Number 3200 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3201 - HONORING and COMMENDING MEMBERS OF THE SEAL BEACH FIRE DEPARTMENT Resolution Number 3201 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, HONORING AND COMMENDING MEMBERS OF THE SEAL BEACH FIRE DEPARTMENT FOR YEARS OF LOYAL SERVICE AND DEDICATION TO THE CITY OF SEAL BEACH." Risner moved, second by Laszlo, to adopt Resolution Number 3201 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: Motion carried None On behalf of the City Council, Mayor Vanderstaay expressed apprecia- tion to the Department for the services provided to the community and presented Chief Hutain with resolutions commending each of the Fire Department members. AGENDA AMENDED Grgas moved, second by Laszlo, to amend the agenda to include a resolution recognizing the volunteer Fire personnel as requested by the City Manager. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: Motion carried None RESOLUTION NUMBER 3206 - HONORING and COMMENDING MEMBERS OF THE SEAL BEACH VOLUNTEER FIRE DEPARTMENT Resolution Number 3206 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING MEMBERS OF THE SEAL BEACH VOLUNTEER FIRE DEPARTMENT FOR LOYAL SERVICE AND DEDICATION TO THE CITY OF SEAL BEACH." By unanimous' consent, full reading of Resolution Number 3206 was waived. Grgas I I I 8-23-82 I Grgas moved, second by Risner, to adopt Resolution Number 3206 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Chief Hutain accepted the commending resolutions for the members of the Volunteer Department and expressed appreciation to the City Counci 1. RESOLUTION NUMBER 3202 - RECORDS RETENTION POLICY Resolution Number 3202 was presented to Council entitled "A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING A RECORDS RETENTION POLICY FOR THE CITY AND ALL CITY DEPARTMENTS." By unanimous consent, full reading of Resolution Number 3202 was waived. Council inquired about specific records, such as those relating to code enforcement and those that may have historical value. The City Attorney explained that all records are evaluated as to their need to be retained, that pursuant to State law records no longer required may be destroyed with the written consent of the City Attorney and approval of the City Council and that any record appropriately filmed may be disposed of at the descretion of the officer having custody of the records, which would include any record of historical significance. Brownell moved, second by Grgas, to adopt Resolution Number 3202 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3203 - PROJECT AREA COMMITTEE Resolution Number 3203 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DEFINING MEMBERSHIP OF THE PROJECT AREA COMMITI'EE." By unanimous consent, full reading of Resolution Number 3203 was waived. The City Manager reviewed the composition of the Committee since its formation in 1975 and stated the proposed resolution sets forth the qualifications for membership, terms and the number of members constituting the PAC. The City Manager recommended minor amendments to the resolution: Section 1, third qualification, "Two members of existing organizations within the Project Area"; Section 2, second line, "businesspersons"; and Section 2, last line, "organizations within the Project Area respectively." Councilmember Risner suggested that a two year memhership term may be I I 8-23-82 more appropriate and that a determination be made as to who will be making nominations to the Committee. Councilman Grgas expressed some concern with memberships from organizations within the Project Area only and requested this item be postponed until next meeting. Council- member Risner moved that appointments to the PAC be made by those councilpersons representing the Project Area and confirmed by the I full Council. Councilmember Grgas noted that the Council may wish to increase the Committee membership if the prqject Area is enlarged and Councilmember Laszlo recommended the terms be staggered. Council- man Grgas seconded the motion on the floor. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried The City Manager noted that should the project Area be expanded it will not be dealing with relocation or low income housing issues therefore there may no longer be a requirement to include low income appointees to the Committee. RESOLUTION NUMBER 3204 - AMENDING 1982-83 FISCAL YEAR BUDGET Resolution Number 3204 was presented to Council entitled "A RESOLU- I TION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING THE ADOPTED 1982-83 BUDGET." By unanimous consent, full reading of Resolution Number 3204 was waived. The City Manager stated that the amendments included 1) final figures from the State concerning Motor Vehicle in lieu subventions; 2) appropriating capital outlay items from the General Fund rather than the Plant and Equipment Fund; and 3) restoration of the recreation park programming. Brownell moved, second by Laszlo, to adopt Resolution Number 3204 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3205 - CONFIRMING EXISTENCE OF LOCAL EMERGENCY - SURFS IDE COLONY I Resolution Number 3205 was presented to Council entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL CONFIRMING EXISTENCE OF A LOCAL EMERGENCY." By unanimous consent, full reading of Resolution Number 3205 was waived. The Director of Public Works described the beach 8-23-82 I erosion conditions at Surfs ide on Wednesday, August 18th at which time a local emergency was proclaimed by the City Manager as Director of Emergency Services and by the County of Orange. Mr. Johnson explained the subsequent actions that took place to alleviate the potential disaster and made a slide presentation showing the existing conditions of the' Surfs ide beach area. Mr. Johnson referred to the recently completed study of the Surfs ide beach erosion conducted by Moffatt and Nichol which set forth several options to remedy this continuing problem and stated the City Council had supported the construction of a revetment and had directed that the staff pursue increased Federal funding participation in the Orange County beach nourishment program, the frequency of the replenishment program conducted by the Corps of Engineers as well as increased sand for the Surfside area and that an attempt be made to secure grant funds from the Federal or State governments to construct the revetment. The Public Works Director reported that equipment and manpower had been provided by the County of Orange as well as the Sea Bees, that Public Works, Fire and Police personnel assisted with the emergency operations as well as the Surfs ide residents and numerous persons volunteering their services. Mr. Johnson stated that the estimated cost to the County up to the evening of August 21st was approximately $13,000 and that local costs to date are estimated at $3400. CLOSED SESSION It was the order of the Chair with the consent of the Council to recess to Closed Session at 8:11 p.m. The Council reconvened at 9:12 p.m. with Mayor Vanderstaay calling the meeting to order. The City Attorney reported that the Council had discussed potential litigation. The City Manager stated that in accordance with State law, the state of a local emergency must be reviewed by the Council at least every fourteen (14) days to determine if the emergency continues to exist or to take action to terminate such emergency, and noted that it would be necessary for the Council to reconsider this matter prior to the next regular Council meeting. Risner moved, second by Grgas, to adopt Resolution Number 3205 as presented. I I 8-23-82 AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried The City Manager reported that the cost of maintaining an emergency situation is approximately $10,000 per week, that there has been no indication from federal, state or county government that any of the costs may be reimbursed to the City and reported that it is estimated one hundred thousand cubic yards of sand is needed to provide protection to the Surfside residences, approximate cost of $70,000. Mr. Parker recommended that should the Council determine to assist in the protective measures at Surfside, that the Colony also participate in all costs incurred, past, present and future. The City Manager stated he had discussed this matter with the Surfs ide Board of Directors who have agreed to notify their residents of the possible commitment on the part of the Colony to share at least fifty percent of all costs, that the Board will compile the responses from the property owners and report their findings to the City within two weeks at which time the Council could make a deter- mination as to City participation. The City Manager stated that repayment of funds expended by the City on behalf of Surfs ide would be forthcoming in future years. Mr. Joe Rullo, President, Surfside Board of Directors, expressed appreciation to the City Manager, City Engineer and his staff, City personnel and all persons assisting the Colony in this emergency situation. Mr. Rullo reported that the Colony is attempting to obtain State aid 'and requested that the City place the Federal government on notice regarding their responsibility toward the beach erosion in Surfside. Risner moved, second by Grgas, to direct the City Attorney to place the Federal government on notice of the Surfside situation, allowing possible legal action at a future date, and that the City Attorney report back to the City Council. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Surfside resident, Mr. Stoskopf, added his appreciation to the City'S administrative staff and personnel for their participation in averting I I I 8-23-82 a potential disaster. Members of the Council requested that a resolution' be prepared commending Public Works, Police, regular and volunteer Fire personnel for their outstanding efforts and that a special resolution be prepared for Mr. Johnson, Director of Public I Works. CONSENT CALENDAR Laszlo moved, second by Risner, to approve the recommended action for items on the Consent Calendar as presented. K. Approved the minutes of the regular meeting of August 9, 1982. L. Approved regular demands numbered 45148 through 45407 in the amount of $176,456.87 and payroll demands numbered 1724 through 1924 in the amount of $159,773.53 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. I M. Received and filed the memorandum from the City Manager regarding the landscaping of the Mary Wilson Library. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE - VOTING DELEGATE and ALTERNATE Vanderstaay moved, second by Laszlo, to appoint the Mayor as the voting delegate and Councilmember Grgas as the alternate voting delegate to the annual League of California Cities Conference, October 1982 in San Diego. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried I ORAL COMMUNICATIONS Mayor Vanderstaay declared oral communications open. Councilmember Risner reported a written complaint from Hill residents regarding the Orange County Transit District bus stop on Bolsa Avenue and requested the City Engineer to investigate same. Councilmember Brownell referred to a recent Orange County newspaper article and 8-23-82 comments of Supervisor Wieder which indicated the transfer of the Seal Beach Fire Department to Orange County was due to displeasure with that Department by the Leisure World community, and questioned the source of such comments. The City Manager referred to dis- cussions of the previous Council regarding the City's financial status and possible deannexation of Leisure World, during which the utility users tax, the Presley Condominium Project deposit, Leisure World revenue contributions to the City and means of decreasing City costs were issues, and stated that the comments to which Councilman Brownell referred may have stemmed from discussions he had had with Supervisor Wieder and in response to questions from Supervisor Clark at their Board meeting. Leisure World resident, Mr. John Broaddus, stated he had read the news article referred to by Councilman Brownell and that he had heard only praise for the Fire Department from the Leisure World community. Councilmember Grgas requested that the City Manager investigate the possible construction of more than two hundred housing units on the Naval Weapons Station, the fiscal and environmental impact on the City and report back to Council. There were no other oral communications; Mayor Vanderstaay declared oral communications closed. CLOSED SESSION It was the order of the Chair with consent of the City Council, to recess to Closed Session at 9:29, as requested by the City Manager. The Council reconvened at 9:43 p.m. with Mayor Vanderstaay calling the meeting to order. The City Attorney reported the Council dis- cussed pending and potential litigation matters. ADJOURNMENT Laszlo moved, second by Risner, to adjourn the meeting to Thursday, September 2, 1982 at 6:30 p.m. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried The meeting adjourned at 9:44 p.m. .1 I I 8-23-82 / 9-2-82 the I Approved: ~JD~ ~1I JJOt-..~ o1lL ^ -Jr- ~ ~ Mayor l{ Attest: Seal Beach, California September 2, 1982 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Vanderstaay calling the meeting to I order with the Salute to the Flag. ROLL CALL Present: Mayor Vanderstaay Councilmembers Grgas, Laszlo, Risner Absent: Councilmember Brownell Also present: Mr. Parker, City Manager Mr. Joseph, Assistant City Manager Mr. Johnson, City Engineer/Director of Public Works Mr. Stickney, Assistant City Engineer Mrs. Yeo, City Clerk WAIVER OF FULL READING Laszlo 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: Grgas, Laszlo, Risner, Vanderstaay NOES: None ABSENT: Brownell Motion carried RESOLUTION NUMBER 3207 - COMMENDING THOSE ASSISTING - EMERGENCY PROTECTION - SURFS IDE Resolution Number 3207 was presented to Council entitled "A RESOLUTION