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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