HomeMy WebLinkAboutCC Min 1985-10-28
10-28-85
Seal Beach, California
October 28, 1985
The City Council of the City of Seal Beach met in regular
session at 7:12 p.m. with Mayor Pro Tempore Clift calling
the meeting to order with the Salute to the Flag.
ROLL CALL
present:
Mayor Pro Tempore Clift
Councilmembers Brownell, Grgas, Wilson
Mayor Risner
I'
Absent:
Mayor Risner's absence from the meeting was excused.
Also present: Mr. Parker, City Manager
Mr. Stepanicich, City Attorney
Mr. Joseph, Assistant City Manager
Mr. Hemphill, Director of Public Works/
City Engineer
Mrs. Yeo, City Clerk
WAIVER OF FULL READING
Grgas moved, second by Wilson, 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:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
I
AGENDA AMENDED
Wilson moved, second by Brownell, to amend the agenda to
include Resolution Number 3537.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
RESOLUTION NUMBER 3537 - RETURN OF IN-LIEU PARK FEES -
PRESLEY PROJECT
Resolution Number 3537 was presented to Council entitled
"A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, DIRECTING
THE RETURN OF ENCUMBERED IN-LIEU PARK FEES TO LEISURE WORLD
(PRESLEY PROJECT)." By unanimous consent, full reading
of Resolution Number 3537 was waived. Councilman Brownell
read a prepared statement relating to the payment of in-
lieu park fees levied in 1980 on the Presley condominium
project in Leisure World, subsequent Council action encumbering
those funds, and the authority under State law for return
of such funds. Councilman Brownell moved that the $138,298
in-lieu park fees, plus accumulated interest, be returned
to the present recorded owners of the 126 apartments in
the presley project, Leisure World Mutual l7, pursuant I
to Government Code Section 66477(f), by the adoption of
Resolution Number 3537. Councilmember Wilson seconded
the motion.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
10-28-85
By unanimous consent of the Council, the meeting recessed
at 7:l6 p.m. and reconvened at 7:21 p.m. with Mayor Pro
Tem Clift calling the meeting to order.
PROCLAMATION
Mayor Pro Tern Clift proclaimed November 3, 1985 as "Rams
Day in Seal Beach."
'I
AGENDA AMENDED
Grgas moved, second by Wilson, to amend the agenda to consider
Items "J" and "T" out of order at this time.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
ITEM "J" - PROPOSED RESOLUTION NUMBER 3533 - BUSINESS
IMPROVEMENT AREA
Grgas moved, second by Wilson, to hold this item over until
the next regular meeting.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
1
ITEM "T" - BEACH SAND REPLENISHMENT
The Director of Public Works reported that $20,000 had
been budgeted this fiscal year for beach sand replenishment
on the east beach, with excess sand from the west beach
transported to the east beach to aid in construction of
the sand berm, noting that the budgeted amount was based
upon $2.35 per cubic yard, pursuant to discussions with
contractors knowledgable of this beach area. Mr. Hemphill
reported bids were received until 2:30 p.m., October 22nd,
for project Number 559, Beach Sand Replenishment, at which
time they were publicly opened by the City Clerk as follows:
Wilson's Equipment Rental,
Inc.
Clarke Contracting Corp.
$32,300 ($3.80/cu.yd.)
$47,090 ($5.54/cu.yd.)
The Director of Public Works reported several firms that
had previously performed this type of work for the City
did not submit a bid due to unavailable equipment at this
time, in addition, the low bidder has withdrawn his bid
for the project, therefore he recommended that the
replenishment project be deferred for a month or two, at
which time more favorable bids may be expected. It was
noted that the replenishment is not being postponed
indefinitely, merely delayed until more competitive bids
can be obtained. Wilson moved, second by Grgas, to reject
the bids received for project Number 559 for lack of budgeted
funds, that the City Engineer be authorized to readvertise
for bids in December, 1985, and that the City Engineer
be authorized to begin berm construction with existing
sand on the east beach.
I
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
With regard to improvements to the groin, the Director
of Public works reported the City would be contacting the
State Department of Boating and Waterways within the next
few months to apply for grant funds for this project, which
would require a twenty-five percent local match.
10-28-85
PUBLIC HEARING - TENTATIVE PARCEL MAP 85-1001 - 1623 SEAL
WAY - GREELEY
Mayor Pro Tem Clift declared the public hearing open to
consider Tentative Parcel Map 85-1001 for the conversion
of an existing duplex into a two unit condominium. The
City Clerk certified that notice of the public hearing
had been advertised as required by law and reported no
communications had been received either for or against 1
this item. The City Manager presented the staff report
and recommendations of the Planning Commission. Mayor
Pro Tem Clift invited members of the audience wishing to
speak to this item to come to the microphone and state
their name and address for the record. Mr. Charles Antos,
316 - loth Street, offered to answer questions of the Council
on behalf of the property owners, E. Thomas and Josephine
Greeley. There were no other communications; Mayor Pro
Tem Clift declared the public hearing closed.
RESOLUTION NUMBER 3527 - APPROVING TENTATIVE PARCEL MAP
85-1001 - 1623 SEAL WAY - GREELEY
Resolution Number 3527 was presented to Council entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 85-1001
(85-267)." By unanimous consent, full reading of Resolution
Number 3527 was waived. Grgas moved, second by wilson,
to adopt Resolution Number 3527 as presented.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
ORDINANCE NUMBER 1192 - ADDITIONS/MODIFICATIONS -
NONCONFORMING RESIDENTIAL PROPERTIES
Ordinance Number 1192 was presented to Council for second
reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH
ESTABLISHING SPECIFIC REVIEW PROCEDURES FOR ADDITIONS AND
MODIFICATIONS TO NONCONFORMING RESIDENTIAL PROPERTIES AND
AMENDING THE SEAL BEACH MUNICIPAL CODE." By unanimous
consent, full reading of Ordinance Number 1192 was waived.
Grgas moved, second by Brownell, to adopt Ordinance Number
1192 as presented.
I
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
ORDINANCE NUMBER 1198 - MASSAGE ESTABLISHMENTS and MASSAGE
TECHNICIANS
Ordinance Number l198 was presented to Council for second
reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH,
CALIFORNIA, AMENDING CHAPTER 12 OF THE CODE OF THE CITY
OF SEAL BEACH, RELATING TO REGULATION OF MASSAGE ESTABLISHMENTS
AND MASSAGE TECHNICIANS." By unanimous consent, full reading
of Ordinance Number 1198 was waived. Grgas moved, second
by Brownell, to adopt Ordinance Number 1198 as presented.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
I
RESOLUTION NUMBER 3528 - MEXICO CITY EARTHQUAKES - EMERGENCY
RESCUE OPERATIONS ASSISTANCE
Resolution Number 3528 was presented to Council entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, COMMENDING THOSE WHO ASSISTED IN THE EMERGENCY
RESCUE OPERATIONS RESULTING FROM MEXICO CITY EARTHQUAKES."
10-28-85
By unanimous consent, full reading of Resolution Number
3528 was waived. Grgas moved, second by Wilson, to adopt
Resolution Number 3528 as presented.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
I
RESOLUTION NUMBER 3529 - APPROVING APPEAL 4-85 - CONDITIONAL
USE PERMIT 8-85 - ROSSMOOR CENTER SIGNS
Resolution Number 3529 was presented to Council entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, APPROVING APPEAL 4-85 AND GRANTING CONDITIONAL
USE PERMIT 8-85." By unanimous consent, full reading of
Resolution Number 3529 was waived. wilson moved, second
by Brownell, to adopt Resolution Number 3529 as presented.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, wilson
None
Risner Motion carried
I
RESOLUTION NUMBER 3530 - ESTABLISHING SALARY RATES/EMPLOYEE
BENEFITS - MANAGEMENT and NON-REPRESENTED PERSONNEL
Resolution Number 3530 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 BENEFITS AND REPEALING, ON THE EFFECTIVE
DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH."
By unanimous consent, full reading of Resolution Number
3530 was waived. The City Manager reported the proposed
Resolution would establish a policy where the City would
assume the cost of all health insurance premiums for those
management and non-represented employees who retire with
thirty or more years of continuous service with the City,
a recommendation that was inadvertently overlooked during
the labor negotiation presentations to the Council. Wilson
moved, second by Brownell, to adopt Resolution Number 3530
as presented.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
RESOLUTION NUMBER 3531 - AUTHORIZING SOUTHERN CALIFORNIA
GAS COMPANY REFUNDS - UTILITY USERS' TAX
Resolution Number 3531 was presented to Council entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
AUTHORIZING THE SOUTHERN CALIFORNIA GAS COMPANY TO MAKE
REFUNDS OF THE UTILITY USERS' TAX ON BEHALF OF THE CITY
OF SEAL BEACH." By unanimous consent, full reading of
Resolution Number 3531 was waived. Grgas moved, second
by wilson, to adopt Resolution Number 353l as presented.
I
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
RESOLUTION NUMBER 3532 - MUNICIPAL WATER DISTRICT OF ORANGE
COUNTY - SUPPORTING BOARD EXPANSION - OPPOSING THREE CITY
DETACHMENT
Resolutlon Number 3532 was presented to Council entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
IN SUPPORT OF A PROPOSAL TO EXPAND THE BOARD OF DIRECTORS
OF MUNICIPAL WATER DISTRICT OF ORANGE COUNTY AND OPPOSITION
,TO DETACHMENT OF ANAHEIM, FULLERTON AND SANTA ANA." By
10-28-85
unanimous consent, full reading of Resolution Number 3532
was waived. The City Manager stated the City Engineer
had prepared an extensive report relating to the disagreement
between the Municipal Water District of Orange County and
the three subject cities proposing detachment, that the
Resolution is proposed at the request of the Mayor who
supports the MUDOC position, however noted it is staff's
contention that this is a political issue and that the
City should abstain from taking any position. In response I
to Council, the City Engineer reported MWDOC is claiming
the detachment would have a sixteen percent impact on their
income, which would result in reduced services of increased
fees or a combination of both. The City Manager noted
that a hearing on the petitions proposing detachment from
MWDOC of the cities of Anaheim, Fullerton and Santa Ana
is scheduled before the Local Agency Formation Commission
on November 6, 1985. Discussion continued. Grgas moved,
second by Wilson, to hold this item over until next meeting,
LAFCO having heard this matter by that time.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
RESOLUTION NUMBER 3534 - COMPLETION - PROJECT NUMBER 520 -
MARINA PARK EXTENSION
Resolution Number 3534 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 NUMBER 520, MARINA PARK EXTENSION, IN ACCORDANCE
WITH A CONTRACT ENTERED INTO BETWEEN STG ENVIRONMENTAL,
INC., AND THE CITY OF SEAL BEACH." By unanimous consent,
full reading of Resolution Number 3534 was waived. Brownell I
moved, second by Wilson, to adopt Resolution Number 3534
as presented.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
RESOLUTION NUMBER 3535 - DISABILITY RETIREMENT PROCEDURES
(SAFETY OFFICER) - APPEALS
Resolution Number 3535 was presented to Council entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
PROVIDING FOR AN APPEAL TO THE CIVIL SERVICE BOARD REGARDING
DETERMINATIONS OF DISABILITY IN ACCORDANCE WITH SECTIONS
21034 AND 21028 OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA." By unanimous consent, full reading of Resolution
Number 3535 was waived. The City Attorney provided Council
with revised procedures, Exhibit A to Resolution Number
3535. Wilson moved, second by Grgas, to adopt Resolution
Number 3535.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
AGENDA AMENDED
Brownell moved, second by Grgas, to amend the agenda to
include Resolution Number 3536.
I
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
lO-28-85
I
RESOLUTION NUMBER 3536 - HONORING MARK A. ABRAMS - LOS
ALAMITOS UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES -
RETIREMENT
Resolution Number 3536 was presented to Council and read
in full by Mayor Pro Tem Cli ft enti tled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA,
COMMENDING AND HONORING MARK A. ABRAMS UPON HIS RETIREMENT
FROM THE LOS ALAMITOS UNIFIED SCHOOL DISTRICT BOARD OF
TRUSTEES." Grgas moved, second by Brownell, to adopt
Resolution Number 3536 as presented.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
CONSENT CALENDAR - ITEMS "M" THROUGH "U"
Councilman Grgas requested Item "U" removed from the Consent
Calendar. Brownell moved, second by wilson, to approve
the recommended action for items on the Consent Calendar,
except Item "u", as presented.
M. Approved the minutes of the regular City Council
meeting of october 14, 1985.
I
N. Approved the minutes of the regular adjourned
City Council meeting of October 21, 1985.
O. Approved regular demands numbered 58197 through
58393 in the amount of $367,066.6l, and payroll
demands numbered 15404 through 15559 in the amount
of $141,974.92 as approved by the Finance Committee
and authorized warrants to be drawn on the Treasury
for same.
P. Denied the claim of Carolina Casarona and referred
same to the City's insurance adjuster and liability
attorney.
Q. Received and filed the annual Financial Statements
for the City of Seal Beach and the Seal Beach
Administration Building Authority, prepared by
Diehl, Evans & Company.
R. Bids were received until 2:00 p.m., October 21,
1985 at which time they were publicly opened by
the City Clerk for Tree Trimming Services as follows:
Golden Bear Arborists, Inc.
United Pacific Corp.
$38,620.00
49,591.00
Authorized the transfer of $7,000 from General
Fund reserves to Account 4551, and awarded the
contract to the low bidder, Golden Bear Arborists,
Inc. in the amount of $38,620.00, and authorized
the City Manager to execute the contract on behalf
of the City.
I
S. Bids were received until 2:00 p.m., October 22,
1985 at which time they were publicly opened by
the City Clerk for one Cab and Chassis as follows:
Ernest Ford
Jerry Goodwin Dodge
Glenn E. Thomas Dodge
$11,636.12
12,757.10
No Bid
10-28-85
Awarded the purchase of one one-ton Cab and
Chassis to Earnest Ford as the low bidder in the
amount of $11,636.12.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, wilson
None
Risner Motion carried
I.
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "U" - SB 821 BICYCLE AND PEDESTRIAN FACILITY PROGRAM
FUNDS - APPLICATION
In response to Council, the Director of Public works explained
that the SB 821 funds are allocated to the next sidewalk
reconstruction project, the sidewalks selected on a priority
basis dependent upon the degree of lift to the sidewalk
area. Councilman Grgas referred to upcoming improvements
to Seal Beach Boulevard and requested that the staff look
into funding sources for upgrading the Seal Beach Boulevard
bike lanes. Grgas moved, second by wilson, to authorize
the City Manager to execute and submit the application
for SB 821 Bicycle and Pedestrian Facility Program funds
for fiscal year 1985/86.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
LOS ALAMITOS SCHOOL DISTRICT - FACILITIES UTILIZATION ADVISORY
COMMITTEE
Noting the November 1st deadline for submittal of Committee
nominees to the District, Mr. Clift suggested that the I
name of a nominee from each Council District be submitted
to the City Manager for forwarding to the School District.
Citing the need for adequate representation on this Committee,
Councilman Grgas suggested and subsequently moved that
each member of the Councilor his/her designee be submitted
in order to meet the deadline. Councilman Brownell seconded
the motion. The City Manager offered to request that the
Superintendent postpone the appointments for an additional
two weeks or that three to five seats be held open for
this City Council's appointments. with consent of the
second, Mr. Grgas withdrew his motion. Brownell moved,
second by Grgas, that the Superintendent be requested to
consider the suggestions of the City Manager, and if that
is not agreeable, the first stated motion to apply.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner Motion carried
CITY COUNCIL ITEMS
There were no Council items for discussion.
ORAL COMMUNICATIONS
Mayor Pro Tem Clift declared Oral Communications open.
Mr. Clift, on behalf of the Council, read a statement
commending City Manager, Allen Parker for his dedication
to the well being of the community and its residents, his
professional administrative and leadership qualities, and
extending best wishes for his future endeavors. Councilmembers
Brownell, Grgas and wilson concurred with Mr. Clift's comments,
and expressed their personal gratitude and best wishes
to Mr. Parker. There were no other Oral Communications;
Mayor pro Tern Clift declared Oral Communications closed.
I
10-28-85
1
CLOSED SESSION
The City Attorney reported the Council would meet in Closed
Session to discuss personnel matters. By unanimous consent,
the Council adjourned to Closed Session at 8:03 p.m. The
Council reconvened at 8:27 p.m. with Mayor pro Tem Clift
calling the meeting to order. The City Attorney stated
that the Council had met in Closed Session to discuss
personnel matters.
Grgas moved, second by Wilson, to authorize payment to
Mr. Parker accumulated sick leave, not to exceed $2500,
pursuant to existing personnel policies.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, wilson
None
Risner Motion carried
Grgas moved, second by Wilson, to increase the auto allowance
of the Assistant City Manager from $l50 to $175 per month
during the period of his service as Interim City Manager.
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, wilson
None
Risner Motion carried
ADJOURNMENT
Grgas moved, second by Wilson, to adjourn to Thursday,
November 7, 1985 at 7:00 p.m. for a joint meeting with
the Planning Commission.
I
AYES:
NOES:
ABSENT:
Brownell, Clift, Grgas, Wilson
None
Risner
Motion carried
The meeting adjourned at 8:33 p.m.
Approved:
City
Sea]
Attest:
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