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HomeMy WebLinkAboutCC Min 1985-09-23 9-9-85 / 9-23-85 Ci Se clerk of the Attest: Approved: Seal Beach, California September 23, 1985 The City Council of the City of Seal Beach met in regular session at 7:05 p.m. with Mayor Risner calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Risner Councilmembers Brownell, Clift, Grgas, wilson Absent: None Also present: Mr. Parker, City Manager Mr. Strausz, Assistant City Attorney Mr. Joseph, Assistant City Manager Mr. Baucke, Director of Development Services Chief Picascia, Police Department Mrs. Yeo, City Clerk WAIVER OF FULL READING Wilson 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 Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried PRESENTATIONS It was the order of the Chair with consent of the Council to postpone the presentations pending the arrival of all recipients. PROCLAMATIONS Mayor Risner proclaimed September 16th through September 23rd, 1985 as "Constitution Week." The Mayor proclaimed September 21st through September 28th, 1985 as "Coastweek" and September 21st as "California Coastal Clean-Up Day." I I / I 9-23-85 September 23rd through September 29th, 1985 was proclaimed "National Arts Week" by the Mayor. Mayor Risner proclaimed October 6, 1985 as "Emily H. Ludwig Day," commemorating the Leisure World residents' one hundredth birthday. I The Mayor proclaimed October 6th through October 12th, 1985 as "Fire Prevention Week." October 6th through October 12th, 1985 was proclaimed "Domestic Violence Awareness Week" by Mayor Risner. The Mayor proclaimed October 20th through October 26th, 1985 as "California Safe School Week." Mayor Risner proclaimed October 27th through November 2nd, 1985 as "California Delinquency Prevention Week." october, 1985 was proclaimed "Crime Prevention Month" by the Mayor. PUBLIC HEARING - APPEAL 4-85 - ROSSMOOR BUSINESS CENTER - SIGN PROGRAM Clift moved, second by Brownell, to hold this scheduled public hearing over until next meeting, as requested by the appellant. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ORDINANCE NUMBER 1192 - ZONING TEXT AMENDMENT 2-84 - NONCONFORMING RESIDENTIAL PROPERTIES The City Manager referred to the Council directive for staff and the City Attorney to respond to changes proposed to this Ordinance by Mr. Robert Cook, and reported the City Attorney had requested this item be postponed until the next meeting when he would be in attendance. Clift moved, second by Wilson, to hold this item over until next meeting. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORDINANCE NUMBER 1193 - ZONING TEXT AMENDMENT 4-85 - SPECIFIC PLAN REGULATION ZONE and SPECIFIC PLAN PROCEDURES In response to concern that had been expressed by members of the Council to the inclusion of the Rockwell property in the Specific Plan limitations as set forth in Ordinance Section 28-1702, the Assistant City Attorney proposed language be added exempting the Rockwell property to read "except such portions thereof which are zoned M-l, Light Manufacturing, on the effective date of this Ordinance." Clift moved, second by Brownell, to approve the amendment as stated. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried By unanimous consent, full reading of Ordinance Number 1193 was waived. Brownell moved, second by wilson, to approve the first reading of Ordinance Number 1l93, as amended, entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISHING A SPECIFIC PLAN REGULATION ZONE AND SPECIFIC PLAN PROCEDURES AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." AYES: NOES: . Brownell, Clift, Grgas, Risner, Wilson None Motion carried 9-23-85 ORDINANCE NUMBER ll94 - ZONING TEXT AMENDMENT 3-85 - REGULATING WALLS AND FENCES Ordinance Number l194 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO WALLS AND FENCES AND AMENDING THE SEAL BEACH MUNICIPAL CODE." By unanimous consent, full reading of Ordinance Number 1194 was waived. Brownell moved, second by wilson, to adopt Ordinance Number 1194 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ORDINANCE NUMBER 1197 - FLOODPLAIN OVERLAY DISTRICT Ordinance Number 1197 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 9B OF THE CODE OF THE CITY OF SEAL BEACH CONCERNING THE FLOODPLAIN OVERLAY DISTRICT." By unanimous consent, full reading of Ordinance Number 1197 was waived. Clift moved, second by Wilson, to adopt Ordinance Number 1197 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3516 - COMMENDING CAPTAIN SAMUEL D'AMICO By unanimous consent, Council postponed consideration of Resolution Number 3516 pending the arrival of Captain D'Amico. RESOLUTION NUMBER 3517 - FINAL PARCEL MAP NUMBER 83-1005 - 123 - 13th STREET - REYNOLDS/MARSHALL Resolution Number 3517 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING FINAL PARCEL MAP NO. 83-l005." By unanimous I consent, full reading of Resolution Number 3517 was waived. Clift moved, second by Grgas, to adopt Resolution Number 3517 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3518 - POLICE RECORDS - AUTHORIZING DESTRUCTION Resolution Number 3518 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN POLICE RECORDS." By unanimous consent, full reading of Resolution Number 3518 was waived. Clift moved, second by Brownell, to adopt Resolution Number 3518 as presented. ' AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3519 - SUPPORTING SENATE BILL 1434 (WILSON) - OVERTIME PROVISIONS - FAIR LABOR STANDARDS ACT Resolution Number 3519 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SUPPORTING S.B. 1434 TO EXEMPT STATE AND LOCAL GOVERNMENTS FROM THE OVERTIME PROVISIONS OF THE FAIR LABOR I STANDARDS ACT." By unanimous consent, full reading of Resolution Number 3519 was waived. Wilson moved, second by Clift, to adopt Resolution Number 3519 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3520 - REGULATING OPERATION OF SKATEBOARDS and WHEELED DEVICES Resolution Number 3520 was presented to Council entitled 9-23-85 I "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DESIGNATING PUBLIC WAYS ON WHICH IT IS UNSAFE TO OPERATE SKATEBOARDS AND WHEELED DEVICES." By unanimous consent, full reading of Resolution Number 3520 was waived. The City Manager noted previous Council directive to staff to prepare a revised Resolution in order to permit bicycle riding on the Seal Way boardwalk. Councilman Grgas requested Council consideration of deleting the prohibition of wheeled devices, roller skates and skateboards, on Seal Way from the Resolution, as requested by several Seal way residents. Discussion followed with concern expressed to allowing the use of skateboards and roller skates and potential of increased liability to the City. The Assistant City Attorney stated that if there is evidence or information known by the Council to the effect that it is unsafe to permit certain kinds of wheeled devices on sidewalks and the City continues to allow their use, a question of liability could be raised, clarifying that the Resolution, as written, allows bicycle riding on Seal Way however does prohibit skateboards and roller skates. with regard to bicycle riding throughout the City, the Police Chief reported bicycles are prohibited from sidewalks pursuant to the California Vehicle Code, and the City Manager noted that although the prohibition, the problem becomes enforcement city-wide, and that the intent is to concentrate enforcement in the downtown area, particularly during the summer months for pedestrian safety. Risner moved, second by Brownell, to adopt Resolution Number 3520 as presented. A question was then raised as to the legality of allowing bicycles on Seal Way. The Assistant City Attorney advised there is a distinction between a boardwalk, as Seal Way is designated in the Resolution, and a sidewalk, that he did not feel the Vehicle Code would prohibit bicycles from boardwalks, therefore the Resolution as written would not violate State law, adding that other wheeled devices would continue to be prohibited. I AYES: NOES: ABSTAIN: Brownell, Risner, Wilson None Cli ft, Grg as Motion carried Councilman Grgas asked that the record reflect that due to the confusion of this matter he did not choose to cast a vote. Councilman Clift concurred. By unanimous consent of the Council, agenda item "A", presentations, and Resolution Number 3516 were considered at this time. PRESENTATIONS Mayor Risner presented Seal Beach plaques to Captain William Stearns, Captain Sam D'Amico, and Lieutenant David VanHolt in honor of their twenty years of service to the community. I RESOLUTION NUMBER 3516 - COMMENDING CAPTAIN SAMUEL D'AMICO - RETIREMENT Resolution Number 3516 was presented to Council and read in full by Mayor Risner entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, COMMENDING CAPTAIN SAMUEL D'AMICO FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE CITY OF SEAL BEACH AND OUR COMMUNITY." Grgas moved, second by Wilson, to adopt Resolution Number 3516 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried 9-23-85 Mayor Risner presented a copy of Resolution 3516 to Captain D'Amico, extending appreciation for his service to the City and best wishes on his retirement. PROPOSED ORDINANCE NUMBER 1198 - MASSAGE ESTABLISHMENTS and MASSAGE TECHNICIANS The City Manager reported the proposed Ordinance amends provisions Chapter 12 of the City Code dealing with fees and the educational requirement. Mr. Parker explained that should a massage technician also operate a massage establishment, two separate $500 fees are currently required, and since the fee represents an offset for investigation costs, in these cases only one investigation would be conducted, therefore one fee would be adequate. Mr. Parker pointed out that the recommendation of the City Manager and that of the Police Chief are not in agreement as to educational requirements, and recommended that this item be held over pending a joint recommendation from the City Manager, Police Chief and City Attorney. Grgas moved, second by Risner, to hold this item over until the next meeting as requested. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried It was the unanimous consensus of the Council to postpone consideration of Resolutions numbered 3521, 3522, 3523, and 3524 until after Closed Session. CONSENT CALENDAR - ITEMS "Z" through "CC" Brownell moved, second by Wilson, to approve the recommended action for items on the Consent Calendar as presented. Z. Approved the minutes of the regular City Council meeting of September 9, 1985. AA. Approved regular demands numbered 57790 through 57958 in the amount of $316,701.07, payroll demands numbered l484l through 15037 in the amount of $158,134.13, as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. BB. Authorized the disbursement of the Group W $75,000 annual grant to the Seal Beach Cable Communications Foundation. CC. Amended the 1985/86 budget to reflect an additional $250,000 in revenue, California State Coastal Conservancy loan for reconstruction of the pier restaurant, and to budget expenditures in the amount of $250,000 to Account 6594, pier Maintenance. AYES: Brownell, Clift, Grgas, Risner, Wilson NOES: None Motion carried I I APPOINTMENT - CITY LIAISON PROTOCOL COMMITTEE Mayor Risner recommended that the City Clerk or her designee I be appointed as the City's representative to the recently established City Liaison Protocol Committee. Wilson moved, second by Brownell, to approve the appointment as recommended. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried APPOINTMENTS - BOARDS AND COMMISSIONS Citizens participation Committee Councilman Grgas moved to appoint Mrs. Lana Mabe, 224 - 15th Street, to the Citizens participation Committee 9-23-85 representing District One for the unexpired term ending July 1986. Councilman Clift seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I Councilman Grgas requested that the District One appointments to the civil Service Board and Board of Appeals be held over until later in the meeting. I COUNCIL ITEMS Councilman Grgas reported a complaint from the Surfs ide Board of Directors regarding grafitti on the side of the bridge facing Surfside. Mr. Grgas stated the property is owned and maintained by the Southern pacific Land Company and reported they have been notified of the problem, however requested that the Police Department look into this matter. Councilman Grgas also reported complaints from residents of Bridgeport to excess noise generating from the adjacent Exxon site, and requested Exxon be requested to correct same. Councilman Clift reported several complaints from College Park East residents to the lack of progress with street reconstruction in that area. Mr. Clift noted that the problem lies with the soil conditions of the area, reporting the Engineering Department is trying to expedite the reconstruction project. The Mayor noted receipt of a communication from Mrs. Robinson, 7th Street, regarding an unresolved problem. The City Manager distributed a revised report relating to pier reconstruction costs and funding. Councilmember wilson reported on the Forum II seminar hosted by the Orange County Transportation Commission, the Orange County League, and the Board of Supervisors, which she and the Mayor attended, the discussions specifically directed to priority concerns for future transportation needs and improvements in Orange County and potential sources of funding. ORAL COMMUNICATIONS There were no oral communications. CLOSED SESSION The Assistant City Attorney reported the Council would meet in Closed Session to discuss matters related to negotiations with employee groups in the City. The Council, by unanimous consent, adjourned to Closed Session at 7:55 p.m. The Council reconvened at 9:13 p.m. with the Mayor calling the meeting to order. The Assistant City Attorney reported Council had discussed personnel matters as previously reported and had made decisions to be reflected by the subsequent adoption of certain resolutions. The Assistant City Manager reported that negotiations have concluded for changes in wages, fringe benefits and working conditions for recognized employee groups and individuals, and reviewed in detail the specifics of those negotiations. I RESOLUTION NUMBER 3521 - SALARY/WAGE SCHEDULE/BENEF~TS - MANAGEMENT and NON-REPRESENTED EMPLOYEES The Assistant City Manager reported amendments to Resolution 352l: Section 3, add the position of Director of Development Services; Appendix A, add the salary range for the Assistant City Manager, 3491, 3614, 3848, 4040, and 4242; and adjust the salary range for the Director of Development Services, 3091, 3246, 3408, 3579, and 3758. By unanimous consent, full reading of Resolution Number 3521 was waived. Wilson moved, second by Clift, to adopt Resolution Number 3521 as amended entitled "A RESOLUTION OF THE CITY COUNCIL OF 9-23-85 THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTERED CITY, ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AUTHORIZING THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEFITS AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3522 - SALARY/WAGE SCHEDULE/BENEFITS - POLICE OFFICERS ASSOCIATION Resolution Number 3522 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AUTHORIZING THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEFITS FOR THE POLICE DEPARTMENT, AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 3522 was waived. The Assistant City Manager reported certain changes made to the Memorandum of Understanding, revised copies of which had been provided the Council. Clift moved, second by Brownell, to adopt Resolution Number 3522 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3523 - SALARY/WAGE SCHEDULE/BENEFITS - EMPLOYEES ASSOCIATION Resolution Number 3523 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AUTHORIZING THE IMPLEMENTATION I OF CERTAIN EMPLOYEE BENEFITS AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 3523 was waived. The Assistant City Manager reported one change to Schedule A to the Resolution, the addition of the Senior Account Clerk position, which had been inadve~tently omitted. Wilson moved, second by Clift, to adopt Resolution Number 3523 as amended. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3524 - SALARY/WAGE SCHEDULE/BENEFITS - BUILDING INSPECTORS Resolution Number 3524 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTERED CITY, ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AUTHORIZING THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEIFTS FOR THE POSITION OF BUILDING INSPECTOR." By unanimous consent, full reading of Resolution Number 3524 was waived. Brownell moved, second by Clift, to adopt Resolution Number 3524 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I COUNCIL DISCUSSION Councilman Brownell referred to a previous Council discussion and action relating to the school crossing guard at Seal Beach Boulevard and Bolsa Avenue, and Councilman Clift's subsequent contact with the Navy seeking funding or personnel for the crossing guard position. Mr. Brownell expressed his disappointment that neither funding or personnel is JO.. 9-23-85 I available where, he stated, the guard is a direct benefit to only the Navy families. Councilman Brownell moved that funding or personnel again be sought through local Navy sources or brought to the attention of the Naval authority in washington, D. C. Councilman Clift compared renters of local residences to the Naval families with regard to a prior comment as to ownership of property and payment of property taxes, referred to the limited income of the Naval families and their contribution to the City through purchase of goods locally, as well as their service to the nation. The Mayor suggested that the motion be broadened to include financial assistance or reimbursement for landscaping and maintenance within the housing area and adjacent to the perimeter wall of the housing area, stating her feeling that the City has met its obligation by providing the crossing guard for the safety of the Navy children. She suggested further contact with the Naval Housing Authority in Long Beach or pursue the matter through the City's federal representatives. There was no second to the motion on the floor. Councilman Brownell stated his feeling that additional requests should be dealt with separately. Councilmember Wilson expressed her feeling that the School District should take some responsibility for the crossing guard positions. Mr. Clift again reported that he had been advised by the Navy that there are no funds for such services. The City Manager noted that prior to being eliminated by the Federal Government, in-lieu property taxes were paid to cities to offset costs for such services. Discussion continued. Risner moved, second by Brownell, to pursue, through the congressional delegation, the reinstatement of in-lieu property tax payment to cities impacted by military housing. I AYES: NOES: Brownell, Grgas, Risner, wilson Clift Motion carried APPOINTMENTS - BOARDS and COMMISSIONS Board of Appeals Councilman Grgas moved to appoint Beverly Dorn, 1213 Ocean Avenue, as the District One representative to the Board of Appeals. Mayor Risner seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, wilson None Motion carried Civil Service Board Councilman Grgas requested that the District One appointment to the Civil Service Board be held over until next meeting. ADJOURNMENT Grgas moved, 9:40 p.m. second by wilson, to adjourn the meeting at AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried and ex-of ' . City Council of the I Attest: Approved: