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HomeMy WebLinkAboutCC Min 1968-06-03 294 FIREWORKS STAND PERMIT-LEISURE WORLD LIONS.CLUB Anderson moved, second by Gummere, to grant permission to the Seal Beach Leisure World Lions Club to operate a fireworks stand as requested. AYES: ABSENT: Anderson, Dreis, Gummere, Hamilton Gemmill Motion carried. I FIREWORKS STAND PERMIT-AMERICAN LEGION AUXILIARY, UNIT 300 Gummere moved, second by Dreis, to grant permission to the American Legion Auxiliary, Seal Beach Unit 300, to operate a fireworks s~and as requested. AYES: ABSENT: Anderson, D~eis, Gummere, Hamilton Gemmill Motion carried. ADJOURNMENT Anderson moved, second by Dreis, to adjourn~at 9:17 a.m. Ap Anderson, Dreis, Gummere, Hamilton Gemmill Motion carried. City C~-~ clerk of the Seal Beach City Council AYES: ABSENT: I Attest: Seal Beach, California June 3, 1968 The City Council of the City of Seal Beach, California, met in regular session at 8:00 p.m. with Mayor Anderson presiding. The meeting was called to order with the Pledge of Allegiance. ROLL CALL Present: Anderson, Dreis, Hamilton, Gummere Absent : Gemmill Hamilton moved, second by Dreis, to.excuse the absence of Mr. Gemmill. AYES: ABSENT: Anderson, Dreis, Hamilton, Gummere Gemmill Motion carried. I The City Attorney made note that this meeting was being recorded on tape and that the City reserved the right to destroy said tape after 30 days. Copies of the transcript of the tape to be available at cost to the city. APPROVAL OF MINUTES Hamilton moved, second by Dreis, to' approve the minutes of the regular meeting May 20, 1968, and the regular adjourned meeting of I I I -, 2(\ :- _Ja May 25, 1968. AYES:,- ABSENT: Anderson, Dreis, Hamilton, Gummere Gemmill Motion carried. APPROVAL OF DEMANDS Regular demands #3814 through #3934 of $144,069.72 and payroll demands #3462 ,through #3595,. as approved by the Finance Committee were presented. Hamilton moved, s~c~~d by Gummere, that the demanqs be allowed and warrants drawn on the Treasury for the same. AYES: Anderson, Dreis, Hamil ton, Gummere ABSENT: Gemmill Motion carried. MISS SEAL BEACH-1968 . Susan Nail, Miss Seal Beach-1968, was presented with red roses by Mayor Anderson on behalf of the City of Seal Beach,.. FIRE DEPARTMENT TROPHY AWARD Fire Chief ROn Adams presented to Council the trophy awarded the Seal Beach Fire Department for "Most Modern Equipment". Mr. Adams stated that this was the s~cond year the Seal Beach Fire Department has won the first place in competition with the Southern California areas for the most modern fire apparatus. EMPLOYEES OF THE YEAR AWARD Mayor Anderson presented "Employee of the Year". award to Al Lopez, Foreman Maintenance Department. Charles Wellcher, who was not present, also received the "Employee of the Year" award. The City Attorney asked that Item 13 of the Agenda be brought out of order to the attention of Council at this time. BIDS WATER SYSTEM IMPROVEMENT PROJECT . . The City Clerk read the bids opened at 2:00 p.m., May 29, 1968, as follows: Pascal & Ludwig, Inc., Upland $631,100. Drummond & Bonneck,' Santa Monica 678,000. Jenkins Construction, Long Beach 729,411. Sanitary Pipeline, Huntington Bch.590,000. Bovee & Crail Construction, Paramount 622,390. Gunther-Shirley-Penn, Baldwin Pk. 637,800. City Engineer stated that the Consulting Engineers had examined the ,. bids.' Mr. James Crosby, Vice President, Voorheis-Trindle-Nelson, stated that his firm had examined the bids, that the bids of the apparent low bidder, Sanitary Pipeline, was incomplete in that the list of suppliers and sub-contractors were not submitted along with the sealed bid as required by the specifications, that everything else was in order. 29H At the City Attorney's request, Mr. Crosby then stated the second low bid, Bovee & Crail, was in proper order; the third low bid,' Pascal & Ludwig, was not in order in that stated allowances were omitted on thed!r bid; the fourth low"bid, Gunther-Shirley-Penn, was not in order in that stated allowances were omitted from their bid. The bids 'of Drummond and Bonneck and Jenkins Construction I were in, proper order. The City Attorney made the following statement: "Mr. Mayor and members of the Council, I've done quite a bit of research"on this. Insofar as the law of the State of California is concerned we believe that it is maridatory that a list of ., . sub-cont~actors accompany the bid. In the instant case, I am advised that the low bidder, Sanitary approximately 10 minutes after the bidding closed, supplied a list of the sub-contractors, and in our opinion this, if there were to be any sub-contractors as required by law, and there were, there is a small exception where its not required, the listing of the sub-contractors, it would be I the opinion of your City Attorney that they had not complied and they had not listed the sub-contractors as required by law. Further more, it would be the opinion of your City Attorney that insofar as it is required by the Government Code of the State of California that this is not something that could be waived. In the case of the failure to furnish the list of suppliers this is not required by the State of California and it, is possible that this failure to comply with the requirements as setforth in the specifications could be waived by the City Council. Ah-there is , , some question in my mind as to whether or not HUD would be agree- able to such a waiver, and at the conclusion of whatever proceedings we have this evening I would say right now that it is going to be my recommendation that the City Council continue this matter , ' " I until an adjourned meeting on this coming Friday at noon, at which time we are going to be able to e~press an opinion of certain legal prob~ems which have arisen only very late this afternoon, I would say after 5 or 5:30, and we are going to have to do some research in the meantime on these new problems. Now we have been advised by the attorney for Sanitary that Sanitary intends to fully perform the contract as a General Contractor and I I I 2H7 without the benefit of any sub-contractors whatsoever except on landscaping, and that the extent to which the landscaping will be sub-contracted it is not sufficient, a sufficient amount as to fall within section 4104 of the Government Code in that it is not in excess of one-half of one percent of Sanitary's total bid. Now Sanitary's attorney, Mr. Phillip Bush of Huntington Beach, is present, and Mr. Bush, I would like to ask you at this time - is the statement waich I have made, is it correct insofar as the posi~ion of Sanitary? Mr. Bush replied in the affirmative to the City Attorney's question, and gave his name and address for the record as Phillip Bush, 312 Walnut Street, Huntington Beach. Mr. Bush then intmoduced the ~ president of Sanitary Pipelin~, Mr. Joel Barker, 16501 Channel Lane, . Huntington Beach, and Mr. William Poole, 1738 Glenoaks, Anaheim, a representative of Sanitary Pipeline Company. Mr. Poole attested that Sanitary Pipeline was capable of fulfilling the contract without benefit of sub-contractor excepting landscape sub-contractors whose contract would amount to less than one-half of one percent of the total bid. He also sta~ed that to his knowledge all of the work contemplated could be done under his General Contractor's license. The City Attorney quoted from the specifications, page 124, relating to reservoir lingin, and page 134, paragraph XX,2 relating to roofing. Mr. Poole stated his Company proposed to hire experts to do the lining and the roofing, that his company as General Contractor had not previously installed a lining and roofing exactly like this. Mr. Poole stated that Sanitary Pipeline intended to do the electrical work and were capable and qualified to do so. Mr. Poole staeed that his Company would engage an expert for the drilling of the well, and that in each case the experts required would be hired by his Company as . employees, the equipment to be owned or rented by his Company. Mr. Poole stated his contractor's license to be an "A" and an inactive "B". The City Attorney stated that he would like time to confer with HUD legal counsel in San Francisco regarding waiving of specifications on suppliers and therefore requested Council to continue this matter to Friday, noon. Hamilton moved, second by Dreis, to continue the matter to noon, Friday, June 7, 1968. 298 AYES: Anderson,. Dreis, Hamilton, Gummere ABSENT: Gemmill Motion carried. CLAIM-P.A.G.E. The City Manager presented claim for damage from the Protective Association of Government Employees. The City Attorney recommended the claim be denied. Gummere moved, second by Dreis, to deny the claim and advise the City Clerk to advise the claimant and the Insurance carrier of I the action taken. AYES: Anderson, Dreis, Hamilton, Gummere ABSENT: Gemmill' '. Mciltion carried. CLAIM-DONALD P. BROWN The. City Attorney stated that his investigation of the claim failed. to reveal any dissemination. in an~ statement by the. City of Seal Beach and officers'or agents therein, and, that in addition to his recommendation to Council to reject the claim, he'would suggest the City Council request city officers and agents to guard against dissemination in the future. Gummere moved, second by Hamilton, to reject the claim of Donald P. Brown, and direct the City Manager to inform the City I department heads to the effect that even though denial of dissemination of information was in order at this time, to a~so guard against it in the future. AYES: Anderson, Dreis, Hamilton, Gummere ABSENT: Gemmi 11 Motion carried. RESOLUTION NO. 16747CANVASS OF GENERAL MUNICIPAL ELECTION . . The City Attorney presented to Council Resolution No. 1674 by title- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 4TH DAY OF ~UNE, 1968, TO BE MADE BY THE CITY CLERK OF THE CITY OF SEAL BEACH." Hamilton moved, second by Dreis, to adopt 'Resolution No. 1674. I AYES: Anderson, Dreis, Hamilton, Gummere ABSENT: Gemmil~ Motion carried. ORDINANCE--NO. 750-CONTRACT-PUBLIC EMPLOYEES I. RETIREMENT SYSTEM The City Attorney presented for firth reading Ordinance No. 750 by title-"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER C'ITY, AUTHORIZING AN AMENDMENT 1'0 THE CONTRACT BETWEEN THE CITY OF SEAL BEACH AND BOARD OF ADMINI- 299' STRATION OF THE CALIFORNIA PUBLIC EMPLOYEES I . RETIREMENT SYSTEM." Gummere moved, second by Hamilton, to waive the first reading, and be passed to second reading. AYES: Anderson, Dreis, Hamilton, Gummere ABSENT: Gemmill Motion carried. I Gummere moved, secodd by Dreis, to authorize the City Manager to execute the. modified agreement upon effective date of Ordinance No. 750. AYES: Anderson, Dreis, Hamil ton, Gummere ABSENT: Gemmi 11 Motion carried. TRACT MAP 6177-COLLEGE PARK EAST The City Manager presented, for approval of Council, Tract Map #6177, statmmg that all was in order. Hamilton moved, second by Dreis, to approve Tract Map #6177. AYES: Anderson, Dreis, Hamilton, Gummere ABSENT: Gemmill Motion carried. NOTICE OF HEARING-ORANGE COUNTY BOARD OF SUPERVISORS It was the order of the Mayor to receive and file the resolution of the Board of Supervisors of Orange County setting a hearing for JUBe 5, 1968, to designate a community action agency the Orange County I Community Action Council, Inc. COMMUNICATION-COSTA MESA-AB 1604-AB 1474 It was the order of the Mayor to receive and file the communication ~rom the City of Costa Mesa supporting Assembly Bills 1604 and 1474 exempting non-pfofit corporation financed public facilt~ies from taxat4on. BIDS-LIFEGUARD GARAGE The City Manager reviewed the bids for the lifeguard garage held over from previous .meeting. The bids were: H. W. Sant-$7,807.00; C. W. DuBois-$11,790.00. Hamilton moved, 'second by Gummere, to reject all bids, that plans be resubmitted for new bids. I AYES: Anderson, Dreis, Hamilton,.G9IDIDere ABSENT: Gemmi 1.1 Motion carried. BIDS-PROJECT 158-6" U.C.P. SEWER MAIN AND MANHOLES J. H. Waddell, Costa Mesa $5,620 Muniz Pipeline, Huntington Beach 5,236 DeZarov Bros., Co., Los"Alamitos 4,295 The City Engineer stated the bids had been examined and the low bid a reasonable bid. 300 Gummere moved, second by Hamilton, to award the bid to the lowest qualified bidder" declare all other bids rejected, and '. ..:. I I authorize the City Manaqer to execute the contract. . '. AYES: Anderson, Dreis, Hami~ton" .l?umme,~.. ABSENT: Gemmill ' "Motion carried. RESOLUTION NO. 1675-RESULT OF SPECIAL ELECTION-ANNEXATION 67-1 I The City.Attorney presented to Council Resolution No. 1675 by title-"A RESOLUTION OF THE CITY ,COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, STATING THE RESULT OF CANVASS OF ELECTION RETURNS OF THE SPECIAL ELECTION HELD:MAY 21, 1968, CONCERNING ANNEXATION 67-1." Gummere moved, second by Hamilton, to adopt Resolution No. 1675. AYES: Anderson, Dreis, Hamilton, Gummere ABSENT: Gemmill Motion carried. , . ORDINANCE NO. 751-APPROVING ANNEXATION 67-1 The City Attorney presented to Council Ordinance No. 751-"AN . . . . ORDINANCE OF THE CITY'COUNCIL OF THE'CITY'OF SEAL BEACH, CALIFORNIA, A'CHARTER CITY, APPROVING ANNEXATION TO THE'CITY OF SEAL'BEACH'OR CERTAIN INHABITED TERRITORY CONTIGUOUS TO THE CITY OF SEAL BEACH AND DESIGNATED AS ANNEXATION 67-1." I Gummere moved, second by Anderson, to waive the first reading of Ordinance No. 751, deem that it has had the fiirst reading and be passed to second reading. AYES: ABSENT: Anderson, Dreis, Hamilton, GUmmere Gemmill Motion carried. The City Attorney requested that item regarding proposed ordinance designati~g area for councilmanic district be held over to a later date. APPROVAL OF DEVELOPMENT LIMITS-SUBURBIA DEVELOPMENT The City Manager presente~ contract with Apollo ,Corporation regarding Tract No. 6345, noting modifications and minor amend- ments to be made. Hamilton moved, second by Dreis, that minor amendments be made and I brought back for approval. AYES: Anderson, Dreis, Hamilton, Gummere ABSENT: Gemmill Motion carried. I I I H01 COMMUNICATION-COUNTY OF ORANGE-AB 1038 The City Manager read letter from the Office of the Assessor, County of Orange, relating to information of agricultural preserves being considered by the County Planning Commission. Hamilton moved, second by Gummere, that the City Manager prepare a resolution in support of Mr. Hinshaw's stand. AYES: ABSENT: Anderson, preis, Hamilton, Gummere Gemmi 11 Motion carried. The Council decided to hold over to next meeting the setting of public hearing for the 1968-69 Budget. Councilman Gummere referred to item 10 of the agenda, communication from Costa Mesa urging support of Assembly Bills 1604 and 1474, and moved that we support'the City of Costa Mesa"on this issue, that the ~ity Manager advise Costa Mesa and representatives in Sacramento by letter to that effect. Hamilton seconded the motion. AYES: ABSENT: Anderson, Dreis, Hamilton, Gummere Gemmi 11 Motion carried. .-1 ~f.~ : ADJOURNMENT Hamilton moved, second by Dreis, to adjourn to Friday, June 7, 1968, at noon. AYES: ABSENT: Anderson, Dreis, Hamilton, Gummere Gemmill Motion carried. The meeting adjourned at 8:55 p.m. Cit~Jex1;{J~ler~ of the Seal Beach City Council , Approved' Attest: ~~~ ~ C~ Y Clerk ., Seal Beach, California June 7, 1968 The City Council 'of the City of Seal Beach, California, met in regular adjourned session at 12:00 noon, with Vice Mayor Gummere presiding. The meeting was called to order with the Pledge of Allegiaace. ROLL CALL Present: Gummere, Dreis, Hamilton Absent : Anderson, Gemmill Hamilton moved, second by Dreis, to excuse the absence of Councilman Anderson and Gemmill.