HomeMy WebLinkAboutCC Min 1982-09-13
9-13-82
Seal Beach, California
September 13, 1982
The City Council of the City of Seal Beach met in regular session at
I
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, City Manager
Mr. Stepanicich, City Attorney
Mr. Joseph, Assistant City Manager
Chief Picascia, Police Department
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
I
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
PRESENTATION - PEDESTRIAN SAFETY AWARD
Mr. F. A. Brown, Jr., District Manager of the Automobile Club of
Southern California, presented the City with the Pedestrian Safety
Award for 1981, noting that Seal Beach was rated first in'those cities
of 25,000 to 50,000 population. Mayor Vanderstaay accepted the award
on behalf of the City with appreciation.
PROCLAMATIONS
Mayor Vanderstaay proclaimed the week of September 19th through September
25th, 1982 as "Civic Responsibility Week."
I
Mayor Vanderstaay proclaimed the week of September 19th through September
25th, 1982 as "National Cystic Fibrosis Week."
PUBLIC HEARING - AMENDING MUNICIPAL CODE - PRIVATE ROADS
At the request of the City Manager, it was the order of the Chair with
consent of the Council to recess the meeting at 7:08 p.m. The meeting
9-13-82
reconvened at 7:15 p.m. with the Mayor calling the meeting to order.
Mayor Vanderstaay declared the public hearing open to consider amending
Chapter 13, Article XIII of the Code of the City of Seal Beach entitled
"Private Roads." The City Clerk certified that notices had been
published as required by law and that no communications had been
received either for or against this matter except for those communica-
tions received from the Rossmoor businesspersons as requested by
Council. The City Manager stated the Council had been provided a
report from the Police Chief summarizing Vehicle Code enforcement in
shopping centers in neighboring communities and a traffic accident
history for the Rossmoor Center and Lampson Avenue for the period of
January 1981 through August 1982. Mr. Parker reported that he had
obtained a copy of the annexation agreement between the Rossmoor
Business Center and the City of Seal Beach and referenced Section 1.7
of the agreement which stipulates that the City... "will provide
traffic enforcement...on the private roads ways and parking lot
facilities owned by Center...upon request of Center and to the fullest
extent that such enforcement may be provided under the law now or
hereafter in effect..." The City Manager stated that upon review of
the Rossmoor Center Annexation Agreement Section 1.7, the Center is
exercising its right to request traffic enforcement in accordance with
the Agreement therefore it would seem in order for the Council to
adopt the ordinance as proposed. Mayor Vanderstaay invited members
of the audience wishing to speak to this item to come to the micro-
phone and state their name and address for the record. Dorothy Philip
spoke on behalf of the owners of the Rossmoor Center, referred to the
provisions of the Annexation Agreement and urged adoption of the
ordinance under consideration. Ms. Bea Williams, representing the
Rossmoor BuSiness Association, referred to the inability of the
security guards to cite for violations and on behalf of the merchants,
expressed the need for police enforcement. There were no other
communications for or against this item from the audience; Mayor
Vanderstaay declared the public hearing closed.
I
I
I
9-13-82
ORDINANCE NUMBER 1127 - PRIVATE ROADS/PARKING - ROSSMOOR CENTER and
SURFSIDE COLONY
Ordinance Number 1127 was presented to Council for second 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,
I
ENTITLED "PRIVATE ROADS." By unanimous consent, full reading of
Ordinance Number ll27 was waived. Councilman Brownell referred to the
Annexation Agreement agreed to by the City and to the communications
received from the merchants indicating their desire for police enforce-
ment and stated that based upon this information it would appear that
the City Council should enact the proposed ordinance. Mayor Vanderstaay
also referred to the letters received from the Rossmoor merchants
which indicated the majority of the businesses supported Police
Department enforcement. The City Attorney affirmed that the ordinance
would allow full enforcement of the Vehicle Code at the Center.
Councilman Laszlo expressed his opposition to the proposed ordinance,
the enforcement of all Vehicle Code provisions, recommended limited
I
enforcement only, questioned the present patrol of the Center and
referred to Police Department deployment schedules. The Police Chief
responded to numerous questions, stated that there are random patrols
of all business areas in the community and affirmed that deployment
schedules are confidential. Councilman Laszlo referred to present
police patrol of College Park East and College Park West and stated
that approval of police enforcement in the Rossmoor Center would
divert present patrol of College Park East and College Park West to
the Center, therefore increasing the potential of crime incidents in
those areas for which the City Council would be held accountable if
the proposed ordinance is adopted. Chief Picas cia stated that police
patrols would not be diverted from another area to the Center, that
I
the Department attempts to provide equal protection to all areas of
the community, noting that the proposed ordinance would merely allow
enforcement for violations on that property which is not presently
permitted. Risner moved, second by Brownell, to waive further reading
and adopt Ordinance Number 1127 as presented. Councilman Laszlo
stated he had discussed this matter with some of the Rossmoor business-
9-13-82
persons who had indicated they were not aware that the ordinance
would allow unlimited enforcement. Councilman Grgas inquired if
the Center provides security guards and asked what hour the Center
closes. The Chief responded that there is one unarmed guard, noting
that the guard has no authority to issue citations for any violation.
Ms. Williams stated that a definite problem exists with speeding,
drag racing and the congregation of persons in the parking areas that
causes disturbance for surrounding residences. Ms. Philip stated the
closing hours for businesses within the Center are staggered with
some being open twenty-four hours. Ms. Philip reported that a study
had been conducted regarding the construction of speed bumps and that
it had been determined the bumps would more than likely not be effective
in curtailing the speeding problem and noted that the open configuration
of the Center would make closing the entrances by gates unfeasible.
In response to Councilmember Risner, the Chief stated limited enforce-
ment would not allow citation for stop sign, fire lane, red zone or
speeding violations. Councilman Grgas indicated that should it be
determined there is an increase in crime activity in College Park East
and West areas he would not support continued police patrol of Rossmoor
Center and stated he would like to know the financial impact if any,
for providing this enforcement.
AYES: Brownell, Risner, Vanderstaay
NOES: Laszlo
ABSTAIN: Grgas Motion carried
PROPOSED ORDINANCE NUMBER 1128 - HOLIDAYS and DAYS OFF
Proposed Ordinance Number 1128 was presented to Council entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA,
AMENDING CHAPTER 7, SECTION 7-38, HOLIDAYS AND DAYS OFF, OF THE CODE
OF THE CITY OF SEAL BEACH." The City Manager stated that the intent
of the proposed ordinance was to bring the observance of the Veterans
Day holiday into conformance with federal and state observance on
November 11th, explained that the present employee Memorandums of
Understanding set forth the last Monday in October as the Veterans
Day holiday, therefore requested that the ordinance be removed from
I
I
I
9-13-82
the agenda and reconsidered at a later date after observance of the
holiday for 1982. It was the consensus of the Council to take no
action on this item at this time as requested.
RESOLUTION NUMBER 3209 - LEISURE WORLD TWENTIETH ANNIVERSARY
I
Resolution Number 3209 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, HONORING THE COMMUNITY AND RESI-
DENTS OF SEAL BEACH LEISURE WORLD ON THEIR TWENTIETH ANNIVERSARY."
Risner moved, second by Grgas, to adopt Resolution Number 3209 as
presented.
AYES:
Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES:
None
Motion carried
1982-83 FISCAL YEAR BUDGET AMENDMENTS and RESOLUTION NUMBER 3210 -
SALARY RANGE - SECRETARY POSITION
The Assistant City Manager reviewed proposed amendments to the 1982-83
fiscal year budget relating to: I) Fire Administration, account 25,
to reflect the partial payment by the County for fire equipment deferred
I
until 1983-84 and payment of payroll subsidies to transitioning fire-
fighters in the amount of $235,200 to be appropriated from the General
Fund; 2) City Manager, account II, $11,210 allocated from the General
Fund for the addition of one Clerk Typist position for the remaining
nine months of fiscal year 1982-83; 3) that $880 be allocated to
Sanitation and Street Cleaning, account 47, and Parking, account 48,
to reflect the reclassification of the Motor Sweeper II position; and
4) that the revenue estimates be adjusted to reflect additional
property tax revenue in the amount of $152,000. Mr. Joseph stated
that the proposed resolution establishes a new salary range for the
position of Secretary to adjust an inequity between the positions of
Account Clerk and Secretary by 10.9 percent, or an allocation of $1760.
I
The City Council discussed adjustment of the Secretary salary and
recommended that any adjustment be postponed until the next employee
negotiations. Risner moved, second by Brownell, to approve the 1982-83
budget amendments as presented with the deletion of the Secretary
salary.
AYES:
Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES:
None
Motion carried
9-13-82
RESOLUTION NUMBER 3211 - PROJECT AREA COMMITTEE MEMBERSHIP
Resolution Number 32ll was presented to Council entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DEFINING
MEMBERSHIP OF THE PROJECT AREA COMMITTEE." By unanimous consent,
full reading of Resolution Number 32ll was waived. The City Manager
reported that members of the Council had requested the Resolution be
amended to reflect: I) the Committee be comprised of nine members;
2) two businesspersons; 3) three members of existing organizations;
and stated he would also recommend 4) that appointments be made for
two year staggered terms. Risner moved, second by Grgas, to approve
Resolution Number 3211 as amended.
I
AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES: None Motion carried
RESOLUTION NUMBER 3212 - DESTRUCTION OF RECORDS - LIABILITY CLAIMS
Resolution Number 3212 was presented to Council entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING
THE DESTRUCTION OF CERTAIN PUBLIC RECORDS REGARDING CLOSED CLAIMS
PURSUANT TO GOVERNMENT CODE SECTION 34090." By unanimous consent, full I
reading of Resolution Number 3212 was waived. Brownell moved, second
by Risner, to adopt Resolution Number 3212 as presented.
AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES: None Motion carried
CONSENT CALENDAR
Councilmember Brownell requested Item "I" removed from the Consent
Calendar; Councilmember Risner requested Items "M, Nand 0" removed;
and Councilmember Grgas requested Items "L and P" removed. Brownell
moved, second by Risner, to approve the recommended action for items
on the Consent Calendar as presented except Items "I, L, M, N, 0 and
pIt.
J. Approved regular demands numbered 45408 through
45631 in the amount of $183,161.01; payroll demands
of August 26, 1982 numbered 1925 through 2133 in the
amount of $371,370.62; and payroll demands of September
9, 1982 numbered 2134 through 2303 in the amount of
I
9-13-82
I
$125,842.88 as approved by the Finance Committee and
that warrants be drawn on the Treasury for the same.
K. Approved payment of the claim of Southern California
Gas Company for damages to Gas Company facilities in
the amount of $93.75 upon receipt of the appropriate
Release from Claim.
Q. Authorized renewal of the contract with Galbraith and
Green for the administration of the City's self-insured
health program for the period September I, 1982 through
August 31, 1983.
R. Supported the nomination of the City's representative,
Mrs. Francis Richland, to the Orange County Health
Planning Council Board of Directors.
AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES: None Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
Item "I" - APPROVAL OF MINUTES
Councilman Brownell stated he WOt'ld abstain from voting on the approval
of the September 2, 1982 minutes as he was absent from that meeting.
Laszlo moved, second by Grgas, to approve the minutes of the August
23, 1982 meeting.
AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES: None Motion carried
Laszlo moved, second by Risner, to approve the minutes of the September
2, 1982 meeting.
AYES: Grgas, Laszlo, Risner, Vanderstaay
NOES: None
ABSTAIN: Brownell Motion carried
ITEM "L" - CLAIM - STEVE RAWALD - AUTO DAMAGE
With reference to the claim submitted to the City by Steve Rawald for
automobile damages, Councilman Grgas discussed the extent of City
liability where a claim is the result of a city sponsored activity
and recommended that this claim should be considered for payment and
that the staff investigate means for the City to be protected from
I
I
9-13-82
liability where damages occur as a result of City sponsored activities.
The City Manager and Assistant City Manager explained the procedure
for staff review of all claims and ultimate recommendation to the City
Council. Discussion continued. Grgas moved, second by Laszlo, to
approve payment of the claim submitted by Steve Rawald for auto
damages in the amount of $154.54 subject to receipt of the Release
from Claim form.
I
AYES: Grgas, Laszlo, Vanderstaay
NOES: Brownell, Risner
ITEM "M" - REVENUE and COST STUDY WORKSHOP
Motion carried
Councilmember Risner requested that more than one workshop be scheduled
to study the recommendations submitted by the consultant regarding the
City's fees and finances. The City Manager offered to verify the
consultant's schedule to establish dates for additional workshops.
Risner moved, second by Brownell, to conduct a workshop regarding a
revenue and cost study for the City on Monday, September 20th at 6:30
p.m.
AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay I
NOES: None Motion carried
ITEM "N" - PETITION - SEAL BEACH TRAILER PARK
The City Manager reported that a petition had been received from
residents of the Trailer Park requesting that the height limit be
raised from one story or fefteen feet to two stories or twenty-five
feet, and recommended that the petition be referred to the Planning
Commission for consideration. Trailer Park residents present in the
audience spoke in favor of increasing the height limit. The City
Manager explained the legal procedure to consider and implement the
requested revision. Risner moved, second by Laszlo, to refer the
petition to the Planning Commission for consideration and recommenda-
tion to the City Council. Council suggested an Architectural Review
Committee for the Trailer Park may be a matter for consideration. The
I
Trailer Park residents were assured they would receive notification
of the public hearings.
AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES: None Motion carried
9-13-82
I
It was the order of the Chair with consent of the Council to declare
a brief recess at 8:58 p.m. The meeting reconvened at 9:04 p.m. with
Mayor Vanderstaay calling the meeting to order.
ITEM "0" - CROSSING GUARDS
Agenda Item "0" requested two additional crossing guards to assist
children who previously attended Zoeter School and now must cross
Pacific Coast Highway to attend McGaugh School and a request from a
representative of St. Anne's Church for a one hour extension of
crossing guard hours at Pacific Coast Highway and Twelfth Street on
Wednesday afternoons, the cost to be reimbursed to the City by St.
Anne's. Councilmember Risner reported that she had discussed this
matter with Superintendent of Schools, Dr. Lowney, who had stated
the District would provide bus transportation for Kindergarten through
second grade students in the downtown area and for students up to
third grade level from the Bridgeport area and had requested the
crossing guards be retained at the intersections of Twelfth and
Pacific Coast Highway, Seal Beach Boulevard and Pacific Coast Highway
and at Seabreeze and Bolsa Avenue. Councilmember Risner expressed
her objection to school children crossing Pacific Coast Highway at
fifth Street and to providing uniforms for the crossing guards. Risner
moved, second by Brownell, that the City continue to provide crossing
guards on Pacific Coast Highway at Twelfth Street and Seal Beach
Boulevard and at Seabreeze on Bolsa Avenue and that the crossing
guards be provided with reflective vests, stop paddles and rain gear,
City Manager to formalize request of St. Anne's Church.
AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES: None Motion carried
ITEM IIp'' - EXTENSION OF EMERGENCY DECLARATION - SURFS IDE COLONY
The City Manager updated the City Council on the emergency declaration
at Surfside Colony, reporting that the Seabees had agreed to provide
sand moving services pursuant to a request from the Naval Weapons
Station, however subsequent to their arrival they determined that
the problem was of civilian nature rather than governmental and with-
drew their services. Mr. Parker reported that the Naval Weapons
Station has provided two pieces of equipment and operators for
I
I
9-13-82
approximately one week to assist in the sand moving operation, that
the City is negotiating with three contractors for additional sand
moving and that the Anaheim'Bay dredging project is now expected to
commence by December. The City Manager stated that Senator Hayakawa
and his staff have been very helpful in this situation and have
offered to pursue a resolution of this problem prior to the time the
ScnatoT leaves office. Councilmember Risner expressed appreciation
for the cooperation of the Naval Weapons Station and the Council:
urged that the staff maintain a regular contact with the federal
government agencies and the City's representatives to resolve the
Surfside situation. Risner moved, second by Grgas, to extend the
emergency declaration at Surfside.
AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES: None Motion carried
CITY MANAGER REPORTS
There were no additional reports from the City Manager.
COUNCIL AGENDA/REQUESTS
Councilmember Risner announced the birth of a baby boy to Councilmember
and Mrs. Grgas and presented Mr. Grgas with a gift on behalf of the
City Council, City Manager and City Clerk. Councilmember Grgas
expressed his appreciation for the gift.
ORAL COMMUNICATIONS
I
I
There were no oral communications from the audience.
CLOSED SESSION
It was the order of the Chair with consent of the Council to recess
to Closed Session at 9:21 p.m. The meeting reconvened at 9:33 p.m.
with the Mayor calling the meeting to order. The City Attorney
reported that the Council had discussed potential litigation.
Councilmember Risner requested that the City Manager prepare a letter
to the Friends of the Library asking that they submit a nomination to
the Project Area Committee.
ADJOURNMENT
Laszlo moved, second by Grgas, to adjourn the meeting to Monday,
September 20, 1982 at 6:30 p.m. to conduct a workshop on the revenue
and cost study report.
I
9-13-82 / 9-20-82
AYES:
Brownell, Grgas, Laszlo, Risner, Vanderstaay
NOES:
None
Motion carried
The meeting adjourned at 9:34 p.m.
I
Ci
Se
APproved:lJ.U A1fl-"'~ rJIJAA:k4v.j.
Mayor ~
."",r;;t,,,)Jh(4
City llf'tk
Seal Beach, California
September 20, 1982
The City Council of the City of Seal Beach met in regular adjourned
I
session at 6:30 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, City Manager
Mr. Joseph, Assistant City Manager
Mr. Thomas, Finance Director
Chief Picas cia, Police Department
Mr. Osteen, Recreation Director
Chief Dorsey, Lifeguard Department
Mrs. Yeo, City Clerk
PROCLAMATION
Mayor Vanderstaay proclaimed the month of October 1982 as "United Way
Month."
I
WORKSHOP - PRESENTATION - REVENUE AND COST STUDY
City Manager, Mr. Parker, introduced Mr. Doug Ayres, President of
Management Services Institute, the consulting firm retained by the
Council to study the City's service fees and revenues. Mr. Ayres
commenced his presentation by explaining the intent and ultimate