HomeMy WebLinkAboutCC Min 1999-03-22 3-8-99 / 3-22-99 Closed Session to discuss the item identified on the agenda, a conference with legal counsel with regard to one potential case of initiation of litigation pursuant to Government Code Section 54956.9(c). By unanimous consent, the Council adjourned to Closed Session at 9:36 p.m. and reconvened at 9:49 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported that the Council had discussed the item previously identified, the Council gave direction to the City Attorney, no other action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 9:50 p.m. clerk Approved: ~ Mayor Attest: I Seal Beach, California March 22, 1999 The City Council of the City of Seal Beach met in regular session at 7:21 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Badum, Director of Public Works/City Engineer Ms. Stoddard, Director of Administrative Services Mr. Dorsey, Assistant to the City Manager Ms. Yeo, City Clerk I APPROVAL OF AGENDA Councilmember Campbell requested that Items nG, H, and In be removed from the Consent Calendar for separate consideration. Boyd moved, second by Campbell, to approve the order of the agenda as revised. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried 3-22-99 I PRESENTATION - CAPTAIN BERNITT - NAVAL WEAPONS STATION Captain Bernitt said he had requested to address the Council with regard to a process that is on going at the Station with regard to employees. He noted news articles this past week that basically reported the privatization of all of the civilian employee positions at the Weapons Stations on both the east and west coasts. He offered that a few terms were not exactly reported accurately, the problem not that of the media rather the use of English by the military, which he wished to explain. Captain Bernitt said the military is looking at competitively bidding on the civilian positions from both a government and private sector standpoint, the process is called outsourcing, if a private company wins the bidding process then it becomes privatized, if the government wins it then stays in-house, regardless, the process is still called outsourcing, the government and the military continue to interghange the wo+~s privatization and outsourcing, thus it is no wonder the news articles misused those terms. He stated that Seal Beach is in the midst of a three year process, looking at about two hundred fifty positions at the Station, as is the other three detachments at Concord, Fallbrook, and puget Sound, staff is currently analyzing the positions, trying to come up with a better organization that would be more competitive and then at the end of the process put those positions out for bid for which a private contractor mayor may not come in to try to place employees in those positions, then someon~ ~n Washington, D.C. will make the decision as to whether the government bid is the strongest and best value or the private contractor. Even though the process was referred to as three years, actually the process has been on-going since 1966, not something new, and the military process has been on-going since 1983, the military at this time in total is looking at competitively bidding on two hundred thirty thousand positions throughout the Department of Defense, the two hundred fifty in Seal Beach a small portion of that, the entire process can be seen nationwide and worldwide. Councilman Snow inquired if there will be information forthcoming from the Naval Commanders or from Washington, D. C. to explain this change to the public, as of now he has had calls expressing concern with turning over the handling of weapons to civilians. Captain Bernitt responded that since 1966 there have been many articles on the privatization effort, offered to provide the Council with the information that he has, for anyone having concern with the Weapons Station going to a private contractor he would offer that this was done in Hawaii in 1985 and is operating fairly well. Councilman Boyd inquired if the people who handle ordnance and munitions at the Station currently are not civilian personnel of the Department of Defense, to that the Captain responded that they are civilian employees, this is not military personnel handling weapons, this is civilian employees putting in their competitive bid and to keep their jobs. Councilman Boyd declared this to be an issue of managed competition where either an existing provider bids on a process to continue, or an outside provider enters the competitive bid process, to that the Captain agreed. Councilmember Campbell cited the scenario of the contractor low balling the bid, is awarded the contract, then hires the people who were working prior to, yet at a lesser rate of pay, as a result there are often very unhappy people, however to that it was pointed out that there is a mandated federal prevailing wage. The Captain said the process is not perfect however has evolved from the lowest bidder to the best value, that the specific language of the law that governs the process, again, the people who make the decision as to what I I 3-22-99 is the best value for a particular installation, that takes place in Washington, D. C. and takes place across the board looking at competitive bids from all sources, so there is a benchmark as to the value. Councilman Snow offered that he is very much aware of what is going on at the Weapons Station and several other military installations, what is being requested is a simply worded explanation for information of I the public. Councilman Boyd suggested that any future data relating to this issue be transmitted to the City for information of the Council and public, to which Captain Bernitt agreed. PUBLIC COMMENTS Mayor Yost declared Public Comments open. Mr. Gene Vesley, Riversea Road, stated he is an employee at the Weapons Station and has been for about fifteen years. He said from the standpoint of an employee and resident the morale at the Station within the ordnance department at present is quite low, there is concern, that because of being under a cost analysis study, the union is behind the work force as is most of the administration yet there is an overhanging cloud, and his concern other than his job is for the safety of the community, the work force, and everyone involved, not only the Navy but the people who store and handle the explosives, this is a function that is under-studied, there are some contractors now that work with non-explosive materials. Mr. Vesley stated his concern also with the media publishing too much information relating to the Station, citing as an example the article some two weeks ago with an overview map, pinpointing areas that, up until that time, was thought to be I . confidential information, there used to be frequent briefings on security and behavior once leaving the Base. Mr. Reg Clewley, Catalina Avenue, stated objection that the public no longer has the opportunity to request an item removed from the Consent Calendar for separate action, the language of the agenda format changed. He complained about the amount of the telephone bill, and other items he said is of interest to the public. Mr. Clewley objected to any conduct to the noticed public hearing proposing further amendments to denied variance 5-90, denied zone text amendment 96-1, and failed Ordinance 1419, thereafter requested staff to provide direction as to how to proceed on the matter that was deemed to be decided by the failing of 1419, staff agreed to bring back the issue at an upcoming meeting, it is now over a year, and now a public hearing is scheduled to resurrect the issue. He noted that the issue of ZTA 96-1 started with a stop work order in December of 1989, directed attention to minutes of December 8, 1997 where a statement was made that due to the opportunity for the public to speak at public hearings in the past, there was no need for further hearing, to which Mr. Clewley deemed the noticed hearing is a waste of public money, objected to inclusion in the staff report for ZTA 96-1 of a minority report from then Commissioner Dahlman where he had recused himself from deliberations because of conflict of I interest, objected also to a statement that if the existing decks are allowed to remain that the property owners be put on notice that a permit is required, as well as for future decks, to which Mr. C1ewley stated the persons had been placed on notice, noted a statement made on September 30th that the Planning Commission determined to make no changes to the Code, and disagreed with a statement on December 8th that the ordinance reflected the Commission determination at the conclusion of the hearing. Mr. Clewley stated the Council is in no position of holding a hearing on ZTA 96-1, the ZTA failed as did the variance before it and ordinance after it, I I I 3-22-99 nor was there any referral back to the Planning Commission, this was a matter for considering in closed session and the only action now is to direct staff to commence an enforcement action against the offender. Again, a public hearing is expensive and unnecessary. Mr. Stan Anderson, Balboa Drive, commended the Council on the recent study session, and given his involvement with the Business Association and Chamber said he is working up a survey to try to bring together some of the elements that are important to getting a good parking management program on Main Street, there are now meters in the small lots for which there are pluses and minuses, but not on the Street, there should be cooperation for a total management program. He complimented the Council too for trying to work with the businesses, Mr. K's Grill an example, the businesses do not want to see things open until 2:00 a.m. yet the Council and staff have talked to the businesses and it has been pointed out that there needs to be buffer time for some. Mr. Anderson complimented the town hall meeting hosted by Councilman Boyd, has suggested something similar to Mayor Yost to be held periodically, the discussion relating to the San Gabriel River was informative, and suggested that such information flow continue. Mr. Gordon Shanks, Surf Place, said as a leader in the effort to keep hours of operation down on Main Street one of the reasons was because of the people who resided across the alley, yet different areas need to be looked at in different ways, the Council needs to realize that the City is composed of districts and the people of their district have responsibilities that are different from the entire City and must be dealt with in that manner. With regard to the Naval Weapons Station, no one is talking about closing that facility, rather it is people going into what exists to take care of things, what would be bothersome to him would be the length of a private contract, a contract for five years per se where it takes someone maybe a year and a half to learn the handling of weapons, thereafter the contract is cut at the end of the five years, that would be a concern, a twenty year contract would be much preferred, emphasizing again that no one wants or is talking about doing away with the facilities, however operating in the manner it exists, that is quite likely what concerned many. There being no further speakers, Public Comments was closed. RESOLUTION NUMBER 4696 - HONORING LISA HINSHAW - GIRL SCOUT YOUTH SERVICES Resolution Number 4696 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH HONORING LISA HINSHAW FOR HER DEDICATION AND SERVICE TO OUR YOUTH", (Girl Scouts of America). Councilmember Campbell noted that at a dinner last week the Girl Scout Council of Orange County bestowed the honor of 1999 Woman of Distinction upon Ms. HinShaw, and described Ms. Hinshaw as a talented, caring person dedicated to the children of Orange County. Campbell moved, second by Boyd, to adopt Resolution Number 4696 as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried RESOLUTION NUMBER 4697 - SUPPORTING AB 24 and SB 165 - FISCAL RELIEF Resolution Number 4697 was presented to Council and read in full by Councilman Boyd entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SUPPORTING AB 24 AND SB 165 OFFERING LOCAL GOVERNMENT FISCAL RELIEF." 3-22-99 Councilman Boyd pointed out that this legislation would provide some recovery of the State take away some years back that caused a prior Council to increase the utility users tax. Councilmember Campbell noted that pursuant to mention of these bills in her last newsletter there have been persons from College Park East that have written letters to Assemblyman Baugh and Senator Johnson in support of this legislation. Councilman Doane inquired as to the position of the League of Cities on this legislation, to which Councilman Boyd said he understands the League supports both. Boyd moved, second by Doane, to adopt Resolution Number 4697 as presented. It was requested that said Resolution be forwarded to the appropriate legislators. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried RESOLUTION NUMBER 4698 - SUPPORT - AB 64 - BEACH RESTORATION PROGRAMS Resolution Number 4698 was presented to Council and read in full by Councilman Boyd entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING ASSEMBLY BILL 64 (DUCHENY) RELATIVE TO CALIFORNIA PUBLIC BEACH RESTORATION PROGRAMS." Boyd moved, second by Campbell, to adopt Resolution Number 4698 as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried WAIVER OF FULL READING Boyd moved, second by Yost, 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 Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried CONSENT CALENDAR - ITEMS "0" thru "I" Boyd moved, second by Yost, to approve the recommended action for items on the Consent Calendar as presented, except Items "G, H, and I," removed for separate consideration. D. Approved regular demands numbered 22596 through 22775 in the amount of $1,069,385.20, payroll demands numbered 2850 through 2998 in the amount of $141,055.89, and authorized warrants to be drawn on the Treasury for same. E. Authorized the Police Department to participate with the City of Brea, multi-agency, police partnership Mobile Data Computer System COPS MORE grant project, accepting $225,391 in grants and committing $75,130, payable over three years, for the purchase of said Computer System. I F. Approved the minutes of the regular adjourned and regular meetings of January 11th, 1999, and the regular adjourned and regular meetings of January 25th, 1999. 3-22-99 AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "G" - APPROVAL - PARCEL MAP NO. 97-165 - BIXBY OLD RANCH - SENIOR CARE FACILITY/HOTEL/RESTAURANT SITES Counci1member Campbell noted that the Parcel Map showed only the signature of the surveyor, inquiring if it shouldn't be fully signed before Council approval. The Director of Public Works explained that the procedure is Council approval first with a direction that the City Engineer and City Clerk execute the Map which is then forwarded for recording. Councilmember Campbell asked if the avigation easements run with the land, to that the City Attorney advised that it is a recorded easement. Campbell moved, second by Doane, to determine that Parcel Map 97-165 is in substantial compliance with the previously approved tentative parcel map, approved Parcel Map 97-165 as presented, and instructed the City Engineer and City Clerk to execute said Map as required. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I Item "H" - TRACT MAP NO. 15767 - BIXBY RANCH COMMERCIAL TOWNE CENTER Councilmember Campbell noted that this is the parcel behind the trees, asking if this Map establishes the driveways. The Director of Public Works explained that this Map establishes the new lots, the driveways are established through the plan and design process. Councilmember Campbell said she had been told the issue of the driveways would be looked into, the desire is to eliminate one of the driveways and relocate another to a different location, this still shows all four driveways, stated she does not want to find out that the process has gone too far and the opportunity to eliminate or relocate has been lost. The Manager said that is a separate issue. Councilmember Campbell requested clarification that the action on the Tract Map does not impact the ability to eliminate or relocate a driveway, the response of staff was that that was correct. Boyd moved, second by Yost, to determine that Tract Map 15767 is in substantial compliance with the previously approved Tentative Tract Map, approved Tract Map 15767 as presented, and instructed the City Engineer and City Clerk to execute said Map as required. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I ITEM "I" - RESOLUTION NUMBER 4699 - COMPLETION - OFF-MAIN STREET PARKING LOT IMPROVEMENTS / SIGNAGE PROJECT - PROJECT NUMBER 801 It was noted that consideration of this item was continued from the last meeting. Councilmember Campbell referred to page two, paragraph three of the staff report, questioning who granted the design exception for the handicapped spaces in this parking lot. The Director of Public Works acknowledged that he did. Councilmember Campbell reported receiving a packet of information from someone in Long Beach, stated that apparently the lot is not designed properly, it is understood that the request of staff is for approval of 3-22-99 the construction as that is separate from the design, the contractor constructed an acceptable project however it was a faulty design. She noted that there are two handicapped spaces side by side, there is supposed to be a four foot ramp in front of the vehicles in accordance with State Code, if the handicapped spaces had been opposite one another there would not be the concern, the wall adjacent to the planter I denies access to the rear. She mentioned the reference to 'unreasonable hardship', stated there is a requirement that application be made for a hardship and asked if that had been done. The Director of Public Works stated there was no requirement to apply for a hardship case, there had been discussion with ADA consultants who have on-staff attorneys who advised that this project does in fact fall into the category of a design exception, this is typical of things that do not require approval by any State agency, the local agency has full authority to make these determinations, this parking lot is in full compliance with any standards of the State, however, it may not be the ideal parking situation and to accommodate that particular regulation would require either the acquisition of the adjacent property or lose five to eight spaces, the lot could not be properly designed without losing those spaces. Councilmember Campbell claimed that if the decorative wall were not there the front ramp could be extended, to that the Director responded that it could not because in order to have a four foot clear area to the front, the spaces would need to be moved out into the aisleway, that would make the aisleway too small, to compensate for that the parking spaces on the other side would need to be eliminated. To mention of a ramp to the front, the Director responded that that is an overhang area I that is in standard compliance with the design of a parking lot, it is not considered a legal walkway. Councilmember Campbell again said if the handicapped spaces were located opposite one another then people could be allowed to walk behind, quoted language from related State codes, and suggested that if the handicapped spaces were restriped any concern with compliance would be avoided. It was confirmed that there are the same number of spaces in the new off-Main lot as there was previously, and to the suggestion of restriping with a handicapped space on either side of the aisle, it was noted that one space would be lost with that type of design as an exit zone of five feet would be required adjacent to a space. Discussion continued, claimed that the lot was designed improperly, noted that interpretation of ADA requirements is often difficult, comments were made by some that the design was not satisfactory to them, said that the Council should have been more diligent in reviewing the design even though it was not approved by the Council, the request is that there be acceptance of the work performed by the contractor, the contractor can not be asked to go back and correct design at this point, possibly some changes can be made in the retention period, that comment countered that the Council is being asked to approve something that was not I designed correctly in the first place, stated that henceforth more attention will be paid to plans and specifications for public works projects as the Council representatives should have a say, when this bid award was made it is evident that the ADA requirements were not fully known, in the future any contract award needs to be accompanied by design, plans, and specifications, that they either be included in the agenda packet or the Council representative should meet with staff at City Hall for review thereof, comment made also that it was not felt that the parking lot design was faulty. 3-22-99 I Boyd moved, second by Yost, to determine that Project Number 801 has been completed in accordance with the contract documents, declared the work to be accepted, the total amount of the contract is in the sum of $303,197.04, directed the City Clerk to file the Notice of Completion for recording within ten days from the date of acceptance, and directed staff, upon expiration of thirty-five days from the filing of the Notice of Completion to make the retention payment to Excel paving in the amount of $30,319.70, this by the approval of Resolution Number 4699 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 #801, OFF-MAIN STREET PARKING LOT IMPROVEMENTS AND SIGNAGE PROJECT, FY 1998/99, CONTRACT ENTERED INTO BETWEEN EXCEL PAVING, INCORPORATED AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4699 was waived. The Director of Public Works noted that the retention is to assure that the subcontractors are paid, in this case there is a list of items that need to be completed by the contractor, if not completed within the thirty-five days the City will continue to withhold the retention, and to make any changes to the scope of this project would not be allowed during this period unless agreeable to the contractor. AYES: NOES: Boyd, Doane, Snow, Yost Campbell Motion carried I BOLSA CHICA CHANNEL IMPROVEMENTS - STATUS REPORT The Director of Public Works presented a status report prepared by the Director of Development Services in response to citizen comments at the last meeting relating to the proposed improvements to the Bolsa Chica Channel, the replacement of an existing rip-rap lined storm drainage channel with a concrete rectangular channel and asphalt maintenance roads from Belgrave Avenue to the 405 Freeway. The status of the project is that final construction plans are being drawn and anticipated to be completed about mid- 1999, the project to bid in late 1999, and an anticipated construction start of April 2000. He emphasized that the primary purpose of the Channel is to provide protection from flooding, one of the first steps to upgrade the Channel to accommodate a larger storm than it can at this time. Councilmember Campbell expressed regret that this project has moved forward to this point. Boyd moved, second by Yost, to receive and file the status report. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I TEEN CENTER SURVEY UPDATE The City Manager noted that the update relates to the needs assessment for a Teen Center in Old Town that is being conducted by the Los Alamitos Youth Center, the final report and recommendations are anticipated for the May 10th meeting. Boyd moved, second by Yost, to receive and file the update memorandum from the Recreation and Parks Director. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried STULL versus AGREEMENT Boyd moved, between the BANK OF AMERICA LITIGATION - SETTLEMENT second by Yost, to approve a Settlement Agreement State of California and all political 3-22-99 subdivisions as plaintiffs, including City of Seal Beach, and Bank of America as defendant. It was noted this litigation involves the City and Redevelopment Agency 1986 and 1991 Tax Allocation Bond issue that utilized the Bank of America Corporate Trust Department. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. PUBLIC COMMENTS There were no public comments presented. COUNCIL COMMENTS Councilman Doane said, in jest, that he will soon be spending some time in jail which will require his friends to come and bail him out. To that he announced the upcoming Tip-A-Cop event that is held annually, this year on April 1st, he has volunteered to be jailed, that will necessitate donations on his behalf, that money is actually a donation to the Special Olympics, that Police Department personnel will devote their time, and urged the participation of all for this worthwhile cause. Councilmember Campbell mentioned that the unveiling of the plaque in honor of A. J. Summers took place on Saturday, the plaque to recognize the ded~cation of Zero Tower in his honor, a nice ceremony. She reported that the I BOy Scout beautification, planting project had been rained out and will be rescheduled for the upcoming weekend. Councilmember Campbell mentioned that a gentleman had inquired about buying a fire hydrant, it is understood they are sold as scrap, and suggested that when they become surplus they could be included in the City auction or sold to antique dealers. As a result of confirmation that africanized honey bees have been found in Seal Beach, at the SY Nursery and on College Park Drive next to Edison Park, Councilmember Campbell reported having spoken with Dr. Bob Sjogren, director of the Vector Control District, the agency in charge of surveillance in Orange County, and described what Dr. Sjogren reported as the pattern of the africanized honey bees, the anticipated time frame before there is a swarm in the immediate area, and what people should be aware of as to the habits of these bees. Councilman Boyd mentioned the upcoming Seal Beach Car Show on April 24th, and thanked Mr. Anderson for his comments relating to the town hall meeting, agreed that the meeting was good, recognized the Fish Company for furnishing deserts, and offered another such meeting in about six months. Councilman Snow said he had no comments on the items passed at this meeting, yet he wants to be in a position of exploring things for the future, revenue I for one is going to be a big item. Mayor Yost thanked the staff for the preparation of a packet to be submitted for funding consideration of a bicycle path from the San Gabriel River to Surfside. With regard to the Trailer Park, Mayor Yost said it is a special place with special people and it is his intent to support them. He noted that the City of Los Alamitos ranks seventh in the County in terms of sales tax revenue, it is about double the sales tax revenue of Seal Beach with about half the population, and given the litigation of Los Alamitos against Seal Beach, he would like to see how Los Alamitos is dealing with the environmental 3-22-99 I 4-12-99 issues with regard to the expansion of the Ganall Lumber facility and the addition of plow Boys. I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session, pursuant to Government Code Sections 54956.9 (c) and (b), to discuss the items identified on the agenda, a conference with legal counsel with regard to one potential case of initiation of litigation and three potential cases of anticipated litigation. It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 8:36 p.m. The Council reconvened at 9:33 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported the Council had met in Closed Session to discuss the items identified on the agenda, gave direction with respect to two of the matters, no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 9:34 p.m. Attest: t I Approved: Seal Beach, California April 12, 1999 The City Council of the City of Seal Beach met in regular session at 7:01 p.m. with Mayor Yost calling the meeting to order. I The Pledge of Allegiance was led by five members of Boy Scout Troop 642. councilmember Campbell announced that this is a Seal Beach Troop, founded by College Park East resident Dr. Hood, she introduced each of the Scouts including one young man who is an Eagle Scout candidate and has just completed his Eagle project in College Park East. Councilmember Campbell presented each Scout with a commemorative Seal Beach pin, and thanked the Troop for their participation. ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None