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HomeMy WebLinkAboutCC Min 1982-09-27 9-27-82 Seal Beach, California September 27, 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 ROLL CALL I with the Salute to the Flag. 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 Mr. Johnson, City Engineer, Director of Public Works Chief Picas cia, Police Department Mr. Thomas, Finance Director Mr. Antos, Associate Planner Mrs. Yeo, City Clerk WAIVER OF FULL READING Grgas 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 I of such ordinance or resolution. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried APPOINTMENTS - PROJECT AREA COMMITTEE Councilmember Risner moved to appoint four persons to the Project Area Committee: Mr. Robbie Watkinson, resident member, for a term of two years; Mr. Glenn Barton, resident member, for a term of one year; Ms. Ima Allison, resident member, for a term of one year; and Mr. Jim Watson, business member, for a term of two years. Councilman Brownell seconded the motion. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried I PROCLAMATION Mayor Vanderstaay proclaimed the week of October 4 through October 9..' 1982 as "Productivity Improvement Week." 9-27-82 PUBLIC HEARING - ZONING AMENDMENT - ADDITIONS TO LEGAL NONCONFORMING BUILDINGS Mayor Vanderstaay declared the public hearing open to consider an amendment to Chapter 28, Zoning, of the Code of the City of Seal Beach, permitting additions to legal nonconforming buildings by the I issuance of a conditional use permit. The City Clerk certified that notice of public hearing had been published as required by law and that no communications had been received either for or against this matter. The Associate Planner presented the staff report and recom- mendations of the Planning Commission. The Associate Planner explained that when the full house inspection is performed to determine the condition of a site, the applicant would be required to pay a special investigation fee which is set forth in the adopted building department fees. Councilman Brownell asked if the amendment would have any affect on building construction in Leisure World and was informed Leisure World structures are confirming therefore the amendment would have no effect. Councilmember Risner asked if nonconforming conditions I found during the inspection would be required to be corrected in the event a conditional use permit.for the addition is not granted. It was explained that upgrading could be required as a condition of the permit or in the event the permit was not granted conditions may be required to be corrected if a hazard exists. Councilmember Risner expressed concern with the wording of Planning Commission Resolution Number 1268 and the adopted Policy Statement for additions to legal nonconforming buildings, specifically the Planning Commission's ability to "require amenities". There were no communications from the audience for or against this matter; Mayor Vanderstaay declared the public hearing closed. ORDINANCE NUMBER 1129 - ZONING AMENDMENT - ADDITIONS TO LEGAL NON- CONFORMING BUILDINGS I Ordinance Number 1129 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 28 OF THE SEAL BEACH MUNICIPAL CODE BY ADDING SECTION 28-703 AND AMENDING SECTIONS 28-405 AND 28-804, NONCON- FORMING BUILDINGS." By unanimous consent, full reading of Ordinance 9-27-82 Number 1129 was waived. Risner moved,-second by Grgas, to approve the introduction of Ordinance Number 1129 and that it be passed to second reading. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried I Councilmember Risner recommended that Planning Commission Resolution Number 1268 be referred back to the Commission with the recommendation to delete the words "require amenities" from the resolution. Council discussed the Planning Commission's ability to condition approvals, with the City Attorney explaining that conditions must be "reasonable" and related to the requested addition. There was no second to the motion. PUBLIC HEARING - HOUSING/COMMUNITY DEVELOPMENT PROGRAM - NINTH YEAR Mayor Vanderstaay declared the public hearing open to consider Housing/Community Development projects for the ninth year of the program. The City Clerk certified that notice of public hearing had been published as required by law and that no communications had I been received either for or against this matter. The City Manager presented the staff report and Citizens Participation Committee recommended ninth year projects: 1) $100,000 for low interest loan program for low/moderate income owner occupants of single family residences; and 2) $150,000 for alley repair. There were no communications from the audience for or against this matter; Mayor Vanderstaay declared the public hearing closed. RESOLUTION NUMBER 3213 - APPROVING PARTICIPATION - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - YEAR IX Resolution Number 3213 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE." By unanimous consent, full I reading of Resolution Number 3213 was waived. It was clarified that funds requested for alley repair would be a fifty-fifty H/CD - City match and that replacement and/or repair of sewer and water lines would be a part of the alley repair projects. With regard to the low interest loan program, it was reported that a total of $43,000 in 9-27-82 four loans has been made available to elderly low income persons for rehabilitation of single family residences, that four additional applications are presently being processed in anticipation of HUD's release of $50,000 approved funds, that the loans are for a period of I five to twenty-five years at varied interest rates between three and nine percent, and that in certain instances of hardship non-repayable loans have been granted. It was also explained that the County adrnin- isters the loans and repayment on behalf of the City and that as the > loans are repaid, the funds plus interest are then available to be used again as long as this need exists. Risner moved, second by Grgas, to adopt Resolution Number 3213 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried PROPOSED ORDINANCE NUMBER 1130 - BINGO GAMES Pursuant to a request made to the City Council, proposed Ordinance Number 1130 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ALLOWING and REGULATING BINGO GAMES IN THE CITY FOR BENEFIT OF CERTAIN ELIGIBLE I ORGANIZATIONS AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA" was presented for consideration of the City Council. The City Manager presented the staff report, noting that twenty-two Orange County cities had been surveyed, fifteen of which permit bingo to be conducted and seven that prohibit the game and reported potential problems brought out by the Police Department that could arise such as organized crime infiltration, inability to investigate organiza- tions applying to conduct bingo and to properly monitor the games due to the shortage of police manpower. Mr. Parker stated that the Chief of Police had recommended additional controls to regulate bingo games which had been incorporated in the proposed ordinance. Councilman Brownell moved to hold this matter over to the next meeting to I allow additional study. Councilmember Risner seconded the motion. The City Manager stated it would be impossible at this time to project a financial return to the City from bingo games. Councilmember Laszlo referred to bingo games in the cities of Los Alamitos, Cypress and Stanton and stated he had been informed that there have 9-27-82 been no problems with this activity in those communities. Vote on the motion to hold this item over to next meeting: AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Councilmember Risner asked if a public hearing would be held prior to considering this ordinance for adoption; the City Manager stated I a public hearing could be held if the Council so directed. RESOLUTION NUMBER 3214 - REQUESTING FINANCIAL ASSISTANCE - COUNTY OF ORANGE - MAINTENANCE OF PUBLIC BEACH AREAS Resolution Nwnber 3214 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING FINANCIAL ASSISTANCE FROM THE COUNTY OF ORANGE FOR THE COST OF MAIN- TENANCE TO PUBLIC BEACH AREAS IN THE CITY." By unanimous consent, full reading of Resolution Number 3214 was waived. It was clarified that the resolution requested funds for fiscal years 1981-82 and 1982- 83. Councilman Laszlo suggested that the Orange County League support increased County funding for public heach areas; the City Manager reported that the County had called a meeting to discuss this matter I and had requested an accounting of beach related costs and that those figures for Seal Beach had been excerpted from the recent consultant report regarding the City's fees and finances. Risner moved, second by Laszlo, to adopt Resolution Number 3214 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3215 - PERMIT TO DRILL - REWORK OF HELLMAN 3A and 29 Resolution Number 3215 was presented to Council entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL GRANTING A COUNCIL PERMIT TO DRILL, AND DIRECTING THE CITY MANAGER TO ISSUE A DRILLING PERMIT FOR THE REWORKING OF TWO EXISTING OIL WELL, HELLMAN NO. 3A AND NO. 29." By unanimous consent, full reading of Resolution Number 3215 was waived. Laszlo moved, second by Brownell, to adopt Resolution Number 3215 as I presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried 9-27-82 RESOLUTION NUMBER 3216 - INCREASING RESIDENTIAL/COMMERCIAL TRASH CHARGES Resolution Number 3216 was presented to Council entitled "A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INCREASING RESIDENTIAL AND COMMERCIAL MONTHLY TRASH COLLECTION I CHARGES." By unanimous consent, full reading of Resolution Number 3216 was waived. The Finance Director reported that the proposed resolution increases the City's trash fees in order to recover the transfer station fees recently imposed by Orange County. Mr. Thomas reported the increase for residential units is thirty-eight percent or $5.85 for single family units and $5.45 for multiple dwelling units, and thirty-five percent for commercial users, to be effective October I, 1982. Mr. Thomas reported it is anticipated the County will increase the transfer fee by July 1983, and that an amendment to the agreement with Seal Beach Disposal will be prepared to reflect the funding of the transfer fees. Risner moved, second by Brownell, to adopt Resolution Number 3216 as presented. I AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried AGENDA AMENDED Brownell moved, second by Risner, to amend the agenda to include a resolution guaranteeing payment of transfer fees. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3217 - GUARANTEEING PAYMENT - TRASH TRANSFER FEES Resolution Number 3217 was presented to the Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, GUARANTEEING PAYMENT OF TRASH TRANSFER FEES." By unanimous consent, full reading of Resolution Number 3217 was waived. The Finance I Director referred to a letter received from Mr. George S. Briggeman, Sr., Seal Beach Disposal Company, requesting City Council action guaranteeing payment of trash transfer fees to the County therefore alleviating the need for the trash contractor to provide a security bond to the County. Mr. Thomas stated the County is also requiring an opinion of the City Attorney as to the legality of the City 9-27-82 guaranteeing the trash transfer fees. The City Attorney recommended that the Resolution be amended to include the statement "subject to approval of the City Attorney" and stated that the requested legal opinion would be forthcoming. Brownell moved, second by Risner, to adopt Resolution Number 3217 as amended. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Councilmember Risner reported that the Orange County League in con- junction with the Board of Supervisors has been developing criteria for a Solid Waste Management Committee and requested Council approval to place her name as a nominee to the Committee from this district. Laszlo moved, second by Brownell, to approve Councilmember Risner's request. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried CONSENT CALENDAR - AGENDA ITEMS I THROUGH P I Councilmember Brownell requested Item "K" removed from the consent Calendar; Councilmember Risner requested Item "0" removed; and the City Manager requested Item "P" removed. Brownell moved, second by Grgas, to approve the recommended action for items on the Consent Calendar as presented except Items "K, 0, and P". 1. Approved the minutes of the regular City Council meeting of September 13, 1982. J. Approved regular demands numbered 45632 through 45737 in the amount of $220,041.45 and payroll demands numbered 2304 through 2464 in the amount of $126,520.75 as approved by the Finance Committee and that warrants be drawn on the Treasury for the I same. L. Received and filed the memorandum from the City Manager regarding postponement of water rate revisions pending review of the Management Services Institute report. I 9-27-82 I M. Authorized staff to proceed with Request for Proposals for the former Seal Beach City Hall, 201 - 8th Street. N. Authorized staff to proceed with Request for Proposal for a Downtown Revitalization Study. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Items Removed from the Consent Calendar ITEM "K" - EMERGENCY DECLARATION - SURFSIDE With regard to the extension of the emergency declaration at Surfs ide , Councilman Brownell questioned the need to continue the emergency, asked for what period of time it is anticipated, referred to the continued expenditure of City funds and the verbal agreement by the Colony to reimburse the City for fifty percent of all costs. The City Engineer stated that continuation of the emergency declaration allows the City the opportunity to request assistance from the County as it may be needed and provides certain liability protection to the City. The City Attorney affirmed that the expenditure of City funds is proper pursuant to City Council actions to deter damage to life and property. The City Manager reported that the City Attorney has been directed to prepare an agreement for reimbursement of costs by the Colony, explained that the imeediate danger has subsided at Surfside, noting however the approaching winter season with antici- pated storms and high tides and stated that should the emergency be terminated by the City, the County would take similar action, there- fore reinactment of the emergency actions would be required should future need arise. Brownell moved, second by Risner to extend the emergency declaration at Surfs ide for an additional fourteen days. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None 1 Motion carried ITEM "0" - AGREEMENT - GROUP W - HEADEND FACILITY Councilmember Risner asked if the City was required to provide land for the headend facility pursuant to the franchise agreement. The Assistant City Manager stated the franchise agreement did not require I I 9-27-82 the City to provide land, however it was the recommendation of staff that thi? unimproved parcel located between the Police Department and the Public Works facility would be the most asthetically acceptable location for the cable facilities which includes a fifty-foot high antenna, satellite receiving earth stations, and a block building to I house their equipment. Risner moved, second by Grgas, to impose a $1,000 per year fee for the use of this property by Group W. The City Attorney recommended that the agreement be amended to include an annual rental provision and that the insurance clause be subject to the revision and approval of the City Attorney. In response to the Council, a representative of Group W reported that construction of the system will commence the following week in College Park East, with that phase expected to be completed by December 1st and service avail- able by January. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Risner moved, second by Laszlo, to approve the agreement as amended I by the City Attorney with Group W for use of City property for a ' headend facility and authorize the City Manager to execute the agree- ment on behalf of the City. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried ITEM "P" - AGREEMENT - WORKERS COMPENSATION ADMINISTRATOR - BIERLY AND ASSOCIATES The City Attorney recommended that the staff be directed to terminate the agreement with Fitzpatrick Self-Administrators, Inc. (reorganized as Trans Pacific Risk Management Services, Inc.) and authorize the City Manager to execute the agreement with Bierly and Associates to administer workers compensation claims for a term of one year, subject to final approval of the agreement by the City Attorney. Brownell I moved, second by Risner, to approve Item "P" as recommended by the City Attorney. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried 9-27-82 I REPORT - PARK MAINTENANCE The City Manager presented a report regarding the quality of the various park sites in the City. Mr. Parker explained that all park areas are undermaintained due to shortage of personnel, stated that undermaintenance accelerates the deterioration of the City's invest- ment in plant and equipment and can increase the incidence of liability due to unsafe conditions. The City Manager requested approval for the addition of one maintenance employee, various supplies, the purchase of two additional new mowers, a new edger and a weed eater, and capital improvements as detailed in the memorandum from the Assistant City Engineer. It was verified that improvement of the sprinkler system at the Mary Wilson Library site was included in proposed park upgrading. Risner moved, second by Grgas, to appropriate $24,900 from the General Fund for personnel, supplies and capital outlay costs and $20,650 from park Fund 401 for needed capital improve- ments. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried REPORT - UTILITY USERS TAX The City Manager reported that pursuant to City Council direction, the impact on the City's revenues of raising the senior citizen exemption from $5,000 to $12,000 had been researched and that the estimated annual loss of revenue would be $148,000 which could be offset in the future by anticipated rate increases by the Edison, Gas and Telephone Companies. The City Manager recommended that should the Council choose to raise the senior citizen exemption that it be phased over a three to five year period. The procedure to qualify for the tax exemption was explained and discussed. Councilmember Laszlo stated he would like some confirmation that the City's revenue will be increasing with the increase of utility rates and suggested an alternative to increasing the exemption would be to lower the qualifying age of sixty-five. Councilmember Risner moved to increase the Utility Users Tax exemption to $12,000 to be phased over a three year period. Councilman Brownell seconded the motion and requested I I 9-27-82 that the motion be amended to five years rather than three. Council- member Risner consented to the amendment. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried COUNCIL AGENDA/REQUESTS Mayor Vanderstaay read a letter received from Captain James Williams, Commanding Officer of the Naval Weapons Station, expressing apprecia- tion to the City Council and City staff for the cooperative association during his commandof the Station. The City Manager referred to the previously deleted Federal funding for the Corps of Engineers study of the Surfside erosion problem and reported that Congressman Lungren had presented a $300,000 House Appropriations Bill to restore that funding and that Senators Cranston and Hayakawa would be doing likewise in the Senate. Councilmember Risner requested that the City Manager prepare a letter on behalf of the Council welcoming the new commanding officer of the Naval Weapons Station. Mrs. Risner also presented the Mayor with a Certificate from the United Way in appreciation for the City's participation in their kick-off fund raising event, the Human Chain. Councilmember Risner inquired about the status of rerouting or changing the bus schedule of Bolsa Avenue; the City Engineer stated he would follow up on the request. Councilmember Laszlo requested a report setting forth the staffing level and the morale of the Police Department personnel. 'ORAL COMMUNICATIONS Mayor Vanderstaay declared oral communications open from the audience. Tom Blackman, 421 Beryl Cove Way, expressed appreciation on behalf of the Friends of the Library for the proposed landscaping improvements around the Mary Wilson Library and suggested that the staff investigate allowing beer and/or wine consumption in the Community Centers for certain events, which could possibly increase the use of the Community Centers and generate some additional revenue to the City. Councilmember Laszlo recommended that the Parks and Recreation Commission review this matter and make recommendations to establish fees for use of the Community Centers. There were no other oral communications; Mayor I I I 9-27-82 / 10-11-82 Vanderstaay declared oral communications closed. It was the order of the Chair, with consent of the Council to amend the agenda to include a Closed Session as requested by the City Attorney. CLOSED SESSION I Council recessed to Closed Session at 9:01 p.m. The meeting reconvened at 9:07 with the Mayor calling the meeting to order. The City Attorney reported that the Council had discussed a matter of litigation. ADJOURNMENT Risner moved, second by Grgas, to adjourn the meeting at 9:08 p.m. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried I APproved:}W, ~ N~ ~~-:;1 Mayor "( A"..,;;t,... ~~ C1ty ler Seal Beach, California October 11, 1982 The City Council of the City of Seal Beach met in regular session at 7:43 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 I Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Johnson, City Engineer/Director of Public Works Chief Picas cia, Police Department Mr. Thomas, Finance Director Mr. Antos, Associate Planner Mrs. Yeo, City Clerk WAIVER OF FULL READING Risner moved, second by Laszlo, to waive the reading in full of all