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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: I