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Home My WebLink AboutCC Min 1982-10-11 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 10-1.1-82 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: None Motion carried APPOINTMENTS - PROJECT AREA COMMITTEE Councilman Grgas moved to appoint Gordon Shanks as a organization representative, two year term and Barbara Rountree, organization representative for a two year term to the Project Area Committee. Councilman Laszlo seconded the motion. I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried A representative of the Friends of the Library reported that the Friends had approved the nomination of Tom Blackman as a representative to the Project Area Committee. Risner moved, second by Brownell, to appoint Mr. Tom Blackman to the PAC for a term of two years. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried PROCLAMATIONS Mayor Vanderstaay proclaimed the month of October, 1982 as "Toastmasters Communications Month." Mayor Vanderstaay proclaimed October 17, 1982 as "National Catholic Daughters of the Americas Day" and presented the proclamation to a representative of the organization present. Mayor Vanderstaay declared November 21 through November 28, 1982 as "Bible Week." I AGENDA AMENDED Risner moved, second by Brownell, to amend the agenda to include one additional proclamation. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Mayor Vanderstaay proclaimed the week of October 9 through October 16, 1982 as "Domestic Violence Awareness Week." I 10-11-82 ORDINANCE NUMBER 1129 - ZONING AMENDMENT - ADDITIONS TO LEGAL NON- CONFORMING BUILDINGS Ordinance Number 1129 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, I CALIFORNIA, AMENDING CHAPTER 28 OF THE SEAL BEACH MUNICIPAL CODE BY ADDING SECTION 28-703 AND AMENDING SECTIONS 28-405 AND 28-804, NON- CONFORMING BUILDINGS. By unanimous consent, full reading of Ordinance Number 1129 was waived. Risner moved, second by Laszlo, to adopt Ordinance Number 1129 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried PROPOSED ORDINANCE NUMBER 1130 - BINGO GAMES Proposed Ordinance Number 1130 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ALLOWING AND REGULATING BINGO GAMES IN THE CITY FOR BENEFIT OF CERTAIN ELIGIBLE ORGANIZATIONS AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance Number 1130 was waived. Brownell I moved, second by Risner, to hold this item over to next meeting and that a public hearing be called regarding this matter. Councilmember Risner expressed concern regarding the potential problems that could arise by allowing bingo games and recommended the public hearing be set for the second meeting in November to allow adequate public notifi- cation. Councilmember Brownell consented to set the public hearing for November 22nd. Mayor Vanderstaay referred to the conduct of bingo games in the cities of Los Alamitos and Stanton and asked for a comparison of the bingo regulations in those communities. In response to Councilmember Laszlo, the City Attorney explained that bingo games, where prizes are awarded for playing the game, would be allowed in the City only if an ordinance is adopted allowing same. Discussion I continued regarding the possible influx of organized crime, lack of police manpower to investigate organizations requesting to conduct bingo games, additional costs to the City and the impact on residential areas. Three members of the audience expressed their feelings regarding bingo games in Seal Beach. 10-ll-82 Vote on the motion to consider this matter under public hearing on November 22nd. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: Motion carried None ORDINANCE NUMBER 1131 - UTILITY USERS TAX EXEMPTION Ordinance Number 1131 was presented to the Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO THE UTILITY USERS TAX AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance Number 1131 was waived. The City Manager requested that each of the fiscal year dates set forth in the ordinance be moved forward by one year. Risner moved, second by Brownell, to approve the introduction of Ordinance Number 1131 and that it be passed to second reading. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: Motion carried None RESOLUTION NUMBER 3218 - COMPLETION - PROJECT NUMBER 515 - PAVEMENT MARKER DEMONSTRATION PROGRAM Resolution Number 3218 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT 1/515, PAVEMENT MARKER DEMONSTRATION PROGRAM, IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN COTE MARK, INC. AND THE CITY OF SEAL BEACH." By unanimous consent, "full reading of Resolution Number 3218 was waived. ' Laszlo moved, second by Brownell, to adopt Resolution Number 3218 as presented. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: Motion carried None CONSENT CALENDAR Councilmember Risner requested Item "M" be removed from the Consent Calendar and the City Manager requested Item "L" removed. Laszlo moved, second by Risner, to approve the recommended action for items on the Consent Calendar as presented except Items "L and M". I. Approved the minutes of the regular adj ourned meeting of September 20, 1982 and the regular meeting of September 27, 1982. I I I 10-ll-82 I J. Approved regular demands numbered 45738 through 45868 in the amount of $56,091.42 and payroll demands numbered 2465 through 2627 in the amount of $116,988.86 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. K. Denied the claim for damages of Grissom and Johnson, Inc. AYES: Brownell, Grgas, Laszlo, Risner, Vanderstaay NOES: None Motion carried Items Removed From the Consent Calendar ITEM "L" - CANCELLATION - EMERGENCY DECLARATION - SURFS IDE The Director of Public Works reported that the Navy has discontinued their assistance in moving sand at Surfs ide and that the Corps of Engineers Anaheim Bay dredging project has been delayed until January or February. Mr. Johnson stated that the City's engineering consultants have prepared a plan for construction of an emergency revetment which has been submitted to four contractors for proposals of construction costs and at such time as the proposals are received the staff will meet with and inform the Surfside Board of the anticipated costs. The City Manager reported that the present conditions at Surfs ide do not warrant continuing the emergency, that the expenditure of additional funds is not anticipated until such time that the Council considers construction of the emergency revetment wall and explained that another declaration of emergency can be called should the need arise. Brownell moved, second by Risner, to terminate the emergency declaration at Surfside. Discussion continued regarding potential litigation against the Federal government. I I AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried ITEM "M" - TRASH CONTRACT AMENDMENT Councilmember Risner asked if the increased trash charge could be referred to on the billing as the "Orange County Board of Supervisors Transfer and Dump Fee." The Finance Director stated that it may be 10-11-82 possible depending upon the computers capacity. The City Manager offered to look into the request and report back to Council. The City Attorney recommended that the trash contract be amended increasing the amount of the contractors performance bond and that Section 27 (c) be amended to read "The above rates shall be subject to review by the City every six months to determine the actual transfer fees paid by the Contractor and subject to adjustment accordingly in the event that the fees being charged either exceed or are less than said amount, therefore the computation shall be revised to reflect the actual amount of transfer fees being paid." Brownell moved, second by Risner, to approve the trash contract agreement with an amendment to Section 12 requiring a $40,000 performance bond, amended Section 27(c) as stated by the City Attorney and authorize a 1982/83 budget adjustment to reflect disbursement of the estimated $108,000 trash transfer fees to Seal Beach Disposal Company. Councilmember Brownell recommended that an agreement be obtained from the County guaranteeing that the City will be notified promptly if transfer fees are not timely paid by the contractor and that each statement must be a final statement. It was clarified that all rate adjustments will require City Council approval. I I AYES: NOES: COUNCIL REQUESTS Councilmember Grgas stated he will request Council consideration of Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried a resolution regarding a nuclear weapons freeze at the next meeting. Councilmember Risner inquired about the Bolsa Avenue traffic study; the City Manager reported that departmental reports are being prepared and that staff recommendations will be presented to Council in the near future. Mrs. Risner also asked if OCTO bus layover on Bolsa Avenue had been resolved. The Director of Public Works reported receipt of a copy of a letter from the OCTD to Mr. Daggett which stated the District would notify their drivers to comply with a two to three minute regulation for running bus engines during layovers and stated he would investigate moving the layover area from Bolsa I 10-11-82/10-25-82 at Seal Beach Boulevard to the Safeway Center. Councilman Brownell requested a status report from the City Manager regarding the Old City Hall, the hotel development on the Department of Water and Power property, the water tower and the proposed commercial development on I the Bixby Ranch property. ORAL COMMUNICATIONS There were no oral communications from the audience. 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 erk and ex-officio each City Council I Approved: 'W~l N'~A.L\To. ~ Mayor '"\. Attest: Seal Beach, California October 25, 1982 The City Council of the City of Seal Beach met in regular session at 7:38 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 I 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 Mrs. Yeo, City Clerk