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HomeMy WebLinkAboutCC Min 1985-12-09 12-9-85 Seal Beach, California December 9, 1985 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Risner calling the meeting to order with the Salute to the Flag. ROLL CALL Present: I' Mayor Risner Councilmembers Brownell, Clift. Wilson Absent: Councilman Grgas Councilman Grgas arrived at the meeting at 7:05 p.m. Also present: Mr. Joseph, Acting City Manager Mr. Step?nicich, City ~ttorney Mr. Baucke, Director of Development Services Mr. Hemphill, City Engineer/ Director of Public works Mr. Osteen, Recreation Director ~1r. Malkemus. Administrative Aide Mrs. Yeo, City Clerk WAIVER OF FULL READING Wil~on 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 I request is made at that time for the reading of such ordinance or resolution. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried PRESENTATIONS Mayor Risner presented a certificate of appreciation to philip Torres, a LOS Angeles resident, recognizing his service to this community with regard to a recent College Park West fire. It was noted that a certificate will also be forwarded to Ron Chavez, resident of Norwalk who was not present at the meeting, relating to the same incident. The Mayor presented a check in the amount of $3500, a grant previously approved by the City Council, to Myldred Jones, founder of Casa de Bienvenidos. Ms. Jones expressed her appreciation to the city on behalf of the Casa, the Board of Directors, and its resident youths. Councilman Grgas arrived at 7:05 p.m. PROCLAMATION The Mayor proclaimed December 15th through December 21st, 1985 as "Drunk and Drugged Driving Awareness Week." PUBLIC HEARING - URBAN WATER MANAGEMENT PLAN Mayor Risner declared the public hearing open to consider adoption of the urban Water Management Plan. The City Clerk certified that the notice of pUblic hearing had been advertised as required by law, and reported no communications had been received either for or against this item. Mr. Malkemus, Administrative Assistant, presented the staff report, explaining that the purpose of the Urban Water I l2-9-85 I Management Planning Act, AB 797, which became effective January l, 1984, is to develop measures for the efficient use of water supply. Mr. Malkemus reported that the objective of the plan is to: 1) provide an estimate on current and projected water uses between residential, industrial, commercial and government use; 2) provide a local perspective on water conservation programs for Seal Beach; 3) to evaluate alternative conservation measures which would improve cost efficiency and environmental impact; 4) to provide a structured framework for implementation of such plan; and 5) to describe the frequency and magnitude of supply deficiency in cases of droughts and emergency conditions. He pointed out that the Seal Beach Urban Water Management plan addresses the following: 1) past, current and projected water use; 2) water supply deficiencies and response; 3) current water conservation programs; 4) alternative water conservation measures; 5) wastewater reclamation; 6) exchanges and transfers of water; 7) management of system pressure and peak demand; and 8) changes in pricing rate structures and regulations. Mr. Malkemus stated the Plan complements portions of the Municipal Water District of Orange county, Metropolitan Water District of Southern California and the Orange County Water District's Water Management plan. There were no communications from the audience; Mayor Risner declared the public hearing closed. I RESOLUTION NUMBER 3545 - URBAN WATER MANAGEMENT PLAN Resolution Number 3545 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REGARDING THE ESTABLISHMENT OF AN URBAN WATER MANAGEMENT PLAN FOR THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3545 was waived. Brownell moved, second by Clift, to adopt Resolution Number 3545 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried PUBLIC HEARING - MORATORIUM - STATE LANDS COMMISSION SITE Mayor Risner declared the public hearing open to consider extension of the moratorium on the State Lands site. The City Clerk certified that the public hearing was noticed as required by law and reported no communications had been received either for or against this item. The Director of Development Services presented the staff report, reviewed previous actions relating to the subject site, and recommended extension of the moratorium for a period of one year upon the expiration of Ordinance Number l175. There were no communications from the audience; the Mayor declared the public hearing closed. I ORDINANCE NUMBER 1204 - EXTENDING MORATORIUM - STATE LANDS COMMISSION SITE - URGENCY Ordinance Number 1204 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH EXTENDING THE MORATORIUM ON CERTAIN LAND USE APPROVALS AND PERMITS RELATED TO THAT PORTION OF THE CITY LYING IN THE VICINITY OF PACIFIC COAST HIGHWAY AND FIRST STREET AND DECLARING THE URGENCY THEREOF." By unanimous consent, full reading of Ordinance Number l204 was waived. Clift moved, second by Brownell, to adopt Ordinance Number 1204 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried 12-9-85 ORDINANCE NUMBER 1200 - VESTING TENTATIVE MAPS Ordinance Number 1200 was presented to Councll for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH PROVIDING FOR VESTING TENTATIVE MAPS AND AMENDING THE SEAL BEACH CITY CODE." By unanimous consent, full reading of Ordinance Number l200 was waived. In response to Councilman Grgas, the Director of Development Services reported that a recently adopted State statute requires all California cities and counties to establish procedures for processing vested tentative maps before January, 1986, the proposed Ordinance, prepared by the City Attorney's office, compling with that law. Mr. Baucke explained that the vested map would allow a developer to complete construction under development regulations in effect at the time of processing of the map regardless of subsequent changes in the law, noting that the provisions apply only to residential at this time, however will apply to commercial in 1988. Mr. Baucke explained that a developer would have the option of the vested map, also that a vested map could not be modified after it's adoption. with regard to modifications to a vested map, the City Attorney noted that the property owner could make application for a modification, the City then processing same in compliance with new law. Mr. Baucke added that more detailed information is required to be submitted for a vested tentative map versus a tentative map. The City Attorney advised that the proposed Ordinance provides for a vested right for a period of one year with extensions allowed for a five year time period, the vested right becoming effective upon the recordation of the final map. Brownell moved, second by wilson, to adopt Ordinance Number 1200 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORDINANCE NUMBER 1203 - PIPELINE FRANCHISE REGULATIONS Ordinance Number 1203 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISHING REGULATIONS CONCERNING PIPELINE FRANCHISES AND AMENDING THE SEAL BEACH CITY CODE." By unanimous consent, full reading of Ordinance Number 1203 was waived. Councilman Grgas stated he would like this item held over pending a report from staff addressing certain concerns. He referred to Section l6B-9 regarding abandoned lines, suggesting that the franchisee be required to remove pipelines at such time that they are abandoned thus preventing a major cost to the City in future years; Section 16B-IO, recommending that the City be fully absolved of any potential liability; Section l6B-19, that the assets of a potential operator be carefully examined prior to any future assignment of the franchise agreement to insure revenues due to the City; that the staff review the franchise regulations of the cities of Carson and Torrance with particular regard to the methodology of calculating the rate of compensation to the City; and that consideration be given to spot x-raying of the pipelines in addition to the annual pressure testing. The City Attorney reported that provisions of Carson and Torrance franchise regulations have been incorporated in part in the proposed Ordinance, that the manner of calculating compensation was changed to what is proposed during the negotiation process, the gross receipts method considered to benefit Seal Beach. Mr. Wade Cook, Exxon, responded to Mr. Grgas' concerns, pointing out that solvency of a corporation, in the event of assignment, is protected by the Ordinance since it would require the consent of the City, and that the City is afforded protection I I I 12-9-85 I against liability by a ten million dollar liability insurance. Mr. Cook stated it is understood that the franchisee is responsible for what is in it's pipelines and assumes that liability, therefore is not the sole liability of the City, adding that the Ordinance also provides, at the option of the City, the manner in which abandoned lines are dealt with. With regard to compensation, Mr. Cook noted that the methodology of calculation is different from other cities, the linear footage method not being the most profitable to Seal Beach. Mr. Cook reported also that given the differing desires of cities throughout the State, legislation is being proposed to regulate and place under State control, the testing of pipelines. It was the consensus of the Council to hold the second reading of Ordinance Number 1203 over until next meeting, and that the staff respond to Councilman Grgas' remarks. RESOLUTION NUMBER 3546 - FAIR RESPONSIBILITY ACT OF 1986 Resolution Number 3546 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ENDORSING THE FAIR RESPONSIBILITY ACT OF 1986." By unanimous consent, full reading of Resolution Number 3546 was waived. Clift moved, second by wilson, to adopt Resolution Number 3546 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried 1 RESOLUTION NUMBER 3547 - ESTABLISHING WATER SERVICE RATES Resolution Number 3547 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING WATER SERVICE RATES AND RESCINDING RESOLUTION NUMBER 3437." By unanimous consent, full reading of Resolution Number 3547 was waived. The Acting city Manager reported the water rates proposed reflect a 4.8 percent increase associated with increased maintenance and operating expenses pursuant to the adopted 1985/86 budget, and will be effective January 1, 1986. Mayor Risner referred to her prior requests for a profit and loss report reflecting the cost and usage of water, upon which proposed rate increases could be based. The Mayor stated she could not support the increase without that information. The Acting City Manager recalled that the Council, three years ago, adopted by resolution a depreciation schedule for fixed assets, however the first year the Council opted not to implement the schedule as it would have meant a twenty percent increase in water rates, and that for the past two years rate increases have been based only on increases in maintenance and operation costs, not taking into consideration capital improvements or the debt to the General Fund. Mr. Joseph explained that it would be difficult to prepare a profit and loss statement without taking into consideration all aspects of the water operation. The Mayor stated she felt the staff could prepare a five year capital improvement plan separate from the profit and loss statement. Councilman Grgas recalled that the previous staff report projected the life span for the water system, and cautioned that if funds are not set aside in reserve, replacement and improvements to the system could be jeopardized in future years. Discussion continued. Grgas moved, second by Clift, to hold this item over until next meeting, and that the staff provide additional information as discussed by Council. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried 12-9-85 RESOLUTION NUMBER 3548 - USE and RENTAL SCHEDULE - MUNICIPAL COMMUNITY CENTER FACILITIES Resolution Number 3548 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING A USE AND RENTAL SCHEDULE FOR MUNICIPAL COMMUNITY CENTER FACILITIES, AND RESCINDING RESOLUTION NUMBER 3242." By unanimous consent, full reading of Resolution Number 3548 was waived. The Recreation Director reported the Parks and Recreation Commission has reviewed I the current fee schedules and use of municipal facilities and recommended certain changes as set forth in Resolutions Numbered 3548, 3549, and 3550. Mr. Osteen reviewed the revisions contained in Resolution 3548 as: 1) Section 2- C(l), a $25 deposit must be submitted with all building applications; 2) Section 2-C(2), all fees to be paid thirty (30) days prior to event; and 3) Section 2C(3), inclusion of cancellation clause. He pointed out no hourly rental rates are proposed at this time. The City Attorney recommended a Section 4 be added to the proposed ReSOlution, rescinding Resolution Number 3242. Clift moved, second by Wilson, to adopt Resolution 3548 as amended. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3549 - USE and RENTAL SCHEDULE - SENIOR CITIZEN COMMUNITY FACILITIES Resolution Number 3549 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING A USE AND RENTAL SCHEDULE FOR MUNICIPAL SENIOR CITIZEN COMMUNITY FACILITIES, AND RESCINDING RESOLUTION NUMBER 2750." By unanimous consent, full reading of Resolution Number 3549 was waived. The Recreation Director reviewed the proposed revisions contained in Resolution I Number 3549 as: 1) Section 2-C(3), increase hourly rental fee from $5 to $15/hour, in line with Community Center rental fees; 2) Section 2-C(4), increase hourly rental fee from $lO to $20/hour, in line with Community Center rental fees; 3) Section 2-C(5), increase hourly rental fee from $l5 to $25/hour, in line with Community Center rental fees; and 4) Section 2-C(6), add fee for use of alcoholic beverages. Mr. Osteen noted the proposed increases would not affect the senior citizen groups that use the Senior Center, as they are not charged for use of the facility. The City Attorney recommended the ReSOlution be amended, adding a Section to rescind Resolution Number 2750. Wilson moved, second by Brownell, to adopt Resolution Number 3549 as amended. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3550 - ESTABLISHING FEES - COMMUNITY SWIMMING POOL/AQUATIC RECREATION PROGRAM/INSTRUCTION PROGRAM Resolution Number 3550 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING FEES FOR THE COMMUNITY SWIMMING POOL AND FOR THE CITY'S AQUATIC RECREATION AND INSTRUCTION PROGRAM, AND REPEALING RESOLUTION NUMBER 2978." By unanimous I consent, full reading of Resolution Number 3550 was waived. Councilman Clift requested that Section 3(a) be amended for clarification to read "...an additional $10.00 per hour for each increment of 35 participants over the 60 participants." wilson moved, second by Clift, to adopt Resolution Number 3550 as amended. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried l2-9-85 I RESOLUTION NUMBER 3551 - BIXBY OLD RANCH BUSINESS PARK - APPROVING REVISED PRECISE SITE PLAN Resolution Number 3551 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, APPROVING A REVISED PRECISE SITE PLAN, AND THEREBY FINDING SUCH PLAN TO BE IN CONFORMANCE TO THE REGULATIONS, CONDITIONS AND DEVELOPMENT STANDARDS OF THE CITY OF SEAL BEACH BIXBY OLD RANCH BUSINESS PARK SPECIFIC PLAN (ORDINANCE NUMBER 1170)." By unanimous consent, full reading of Resolution Number 3551 was waived. The Director of Development Services reported that since city Council approval of the precise plan and exhibits on May 28, 1985, extensive architectural and civil engineering studies and designs have been conducted for permit submittals, the plans' and studies receiving extensive review by the City, County and State agencies as well as special districts. Mr. Baucke reported that the changes required by those bodies for their approval have resulted in minor modifications to the approved Precise Site Plan, such as: 1) modifications of the turnaround area at the east portion of the site pursuant to the requirements of Cal-Trans and the orange County Fire Department; 2) modification of the parking layout due to fire truck turning area requirements at the east corner of the site, required by the Orange County Fire Department; and 3) detailed surveys, grading designs and on and off-site improvement plans (curbs, gutters and streets) have established actual locations of improvements resulting in actual dimensions and revised layouts which have allowed for increases in the number of parking spaces without reduction in the amount of landscaped area. The Director reported the staff has closely reviewed the proposed revised Precise Site plan and has found it to be in compliance with the adopted Specific plan, therefore would recommend approval by the proposed Resolution. Discussion followed regarding turning areas from Seal Beach Boulevard onto the freeway and into the project area. The Director clarified that there have been no changes to the turning areas or the circulation from that which was previously approved. Clift moved, second by Wilson, to adopt Resolution Number 3551 as presented. 1 AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried It was the order of the Chair, with consent of the Council, to recess at 8:05 p.m. Council reconvened at 8:l5 p.m. with the Mayor calling the meeting to order. 1 ORDINANCE NUMBER l205 - CALLING PRIMARY NOMINATING MUNICIPAL ELECTION - MARCH 25, 1986 The City Clerk presented the staff report and brief review of documents presented to Council pertaining to the primary Nominating Municipal Election to be held March 25, 1986 pursuant to the Charter of the City of Seal Beach and California Election Law. Ordinance Number 1205 was presented to Council entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A PRIMARY NOMINATING MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 25, 1986, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1205 was waived. Wilson moved, second by Brownell, to adopt Ordinance Number l205 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried 12-9-85 RESOLUTION NUMBER 3552 - REQUESTING COUNTY SERVICES - PRIMARY NOMINATING MUNICIPAL ELECTION - MARCH 25, 1986 Resolution Number 3552 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A PRIMARY NOMINATING MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 25, 1986." I By unanimous consent, full reading of Resolution Number 3552 was waived. Clift moved, second by Brownell, to adopt Resolution Number 3552 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3553 - ADOPTING REGULATIONS - CANDIDATE STATEMENTS - PRIMARY NOMINATING MUNICIPAL ELECTION - MARCH 25, 1986 Resolution Number 3553 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT THE PRIMARY NOMINATING MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 25, 1986." By unanimous consent, full reading of Resolution Number 3553 was waived. Wilson moved, second by Brownell, to adopt Resolution Number 3553 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3554 - CANVASS - PRIMARY NOMINATING MUNICIPAL ELECTION - MARCH 25, 1986 I Resolution Number 3554 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ORDERING THE CANVASS OF THE PRIMARY NOMINATING MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 25, 1986, BE MADE BY THE CITY CLERK." By unanimous consent, full reading of Resolution Number 3554 was waived. Wilson moved, second by Clift, to adopt Resolution Number 3554 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORDINANCE NUMBER 1206 - LICENSING/REGULATION - AMBULANCE SERVICES Ordinance Number 1206 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH PROVIDING FOR THE LICENSING AND REGULATION OF AMBULANCE SERVICES IN THE CITY AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance Number 1206 was waived. The Acting City Manager reported the proposed Ordinance establishes general procedures and standards for licensing and regulating ambulance services operating in the City, and provides that the County act as the licensing agent for the City. He noted that the City Attorney has reviewed and approved the procedures developed by the County which relieves the I City of the burden of duplicating the County's actions, also charges the responsibility of licensing appeals to the Board of Supervisors. Mr. Joseph reported the proposed agreement with Medix Ambulance Service is a result of the County's request for proposal process, review and recommendation of the Fire Chief that Medix provide ambulance service to Seal Beach, with Seal's Ambulance Service acting as the secondary provider, noting however that the ultimate 12-9-85 I decision to select a service remains with the City Council. He pointed out that Medix presently provides primary service to the City while Seal's provides service to Leisure World under separate contract. The Acting City Manager requested that the Ordinance be amended deleting the words "and convalescent transport". In response to Council, Mr. Joseph reported this action will not have a financial impact on the City, and explained that the County is merely trying to develop a uniform procedure for ambulance services for all contract cities and county areas. In response to Council, Kevin Brain, Orange County Fire Department and project coordinator, stated that under the Ordinance, should any resident of the incorporated limits of Seal Beach use the 911 system, the primary provider for the City would be contacted, acknowledging his uncertainty as to the current arrangement under the Leisure World contract with Seal's. He stated further that there has been contact with the medical director of Leisure World since April regarding the ambulance services, Leisure World having been provided a copy of the Ordinance therefore is aware of its provisions, reporting that there has been no indication of any problem with the proposed Ordinance, noting in fact, that the director had indicated that at the time a decision is made as to the providers, Leisure World would meet with the companies involved. It was clarified that the Los Alamitos Medical Center provides the medical care for residents of Leisure World, the Fire Department having no specific contract with Seal's Ambulance Company. As a matter of clarification with regard to dispatch of ambulances, Chief Brain explained that an ambulance is not called by dispatch until Fire Department personnel are on the scene and it is determined that ambulance service is needed. Mike Dimas, president of Medix Ambulance, also clarified that when the 911 system is accessed, the paramedics respond and at the scene determine if emergency ambulance service if required. He noted that any ambulance company may be called in the case of non- emergency transport. With regard to charges for ambulance service, Mr. Dimas stated their company will match any financial arrangement that exists between Leisure World and Seal's Ambulance, as is presently the case. Chief Brain stated that it is policy of the Fire Department to take the most expeditious action to transport a patient without delay when necessary. Councilman Brownell stated he would like to hold this item over so that the issue could first be discussed with the Golden Rain Foundation. Discussion continued. Noting that the County's ambulance agreement will be in effect January 1st, the Acting City Manager suggested that the Ordinance be given first reading at this time, which would then allow Councilman Brownell to discuss the matter with Leisure World administration prior to adoption. Clift moved, second by Brownell, to approve the introduction of Ordinance Number 1206 as amended and that it be passed to second reading. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried 1 CONSENT CALENDAR - ITEMS "s" THROUGH "w" Councilmember Wilson requested Item "w" removed from the Consent Calendar; the Ci ty Clerk requested Item "s" removed. Brownell moved, second by Grgas, to approve the recommended action for items on the Consent Calendar, except Items "s" and "W", as presented. T. Approved regular demands numbered 58738 through 5896l in the amount of $439,827.90, and payroll 12-9-85 demands numbered l5882 through l6032 in the amount of $260,5l9.48 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for the same. U. Denied the claim of Becky Gilbertson and referred same to the City's liability adjuster. V. Denied the claim of Samuel D'Amico and referred same to the City Attorney. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "S" - MINUTES The Clty Clerk requested that Councilman Grgas abstain from voting on the November 25, 1985 minutes as he was absent from that meeting. Brownell moved, second by Wilson, to approve the minutes of November 25th as presented. AYES: NOES: ABSTAIN: Brownell, Clift, Risner, Wilson None Grgas Motion carried ITEM "W" - SEAL BEACH BOULEVARD IMPROVEMENTS - PHASE II Councilmember Wilson asked if there was an estimate of costs for improvements to Seal Beach Boulevard. The Director of Development Services reported that the representative of Van Dell & Associates has drafted a preliminary cost estimate for the conceptual master plan of Seal Beach Boulevard, although the figure is based upon an unknown I product at this time. Mr. Dave Bartlett, Van Dell & Associates, reported the difficulty of estimating the cost given the absence of further planning and design studies, however stated that based upon the recommendations of the Task Force, he would estimate the cost between $150,000 and $200,000. Mr. Bartlett noted that funds for the acquisition of the pacific Electric easement were not a part of the estimate. The Mayor stated she felt the staff could implement certain changes, such as zoning, that would serve to improve the area, also expressed her concern that funds were encumbered from a previous budget to fund the consulting services, those services not specifically authorized by the Council, questioned the source of funding to accomplish the improvements, and suggested that the Council establish a priority list of future projects prior to authorizing additional consulting services. Councilman Grgas stated it has been a ongoing practice to encumber funds for a specific purpose, that he was aware that the funds had been encumbered and of their purpose, pointing out that the Seal Beach Boulevard improvements had recently been submitted as the number one project for Housing/Community Development Block Grant Funding, noting that funding will not be considered if improvement plans are not in place, also that the project was phased in order to reduce costs. Councilmember Wilson noted that her concern had been with I the estimated cost and source of funding for the project and with the potential for H/CD funding, it would seem appropriate to have plans completed should those funds be made available. with regards to staff participation in the project, the Director of Development Services acknowledged that the staff will be proposing zoning changes, etc., however explained that the staff does not have the personnel or expertise to prepare the technical data and 12-9-85 I design proposed for phase II. Discussion continued. Grgas moved, second by Clift, to authorize the City Manager to execute a professional services contract with Van Dell & Associates for phase II, Seal Beach Boulevard Improvements, as outlined in the proposal of Van Dell & Associates, in the amount of $l3,500. Mayor Risner stated she would vote against the motion, citing the consultant cost, the lack of specific funding sources, and her feeling that the staff has the capability of preparing much of the data for phase II. AYES: NOES: Brownell, Clift, ~rgas, wilson Risner Motion carried COUNCIL ITEMS Councilman Grgas referred to a recent communication directed to the Council from the Parks and Recreation Commission, reviewed in part their duties and responsibilities as an advisory body to the Council, and suggested that the Commission should be encouraged to prepare list of their goals, objectives and concerns in the City for consideration by the Council. Councilman Grgas requested that a copy of the Ordinance and Resolution governing the Commission be provided to each Council member. ORAL COMMUNICATIONS There were no Oral Communications from the audience. I CLOSED SESSION The City Attorney reported the Council would meet in Closed Session to discuss pending litigation pursuant to Government Code section 54956.9(a), Coastal Commission versus Surfside, and to discuss the lease of the pier restaurant and give direction to the City'S negotiators, the Acting City Manager and City Attorney. By unanimous consent, the Council adjourned to Closed Session at 9:25 p.m. The Council reconvened at 10:30 p.m. with Mayor Risner calling the meeting to order. The City Attorney reported Council had discussed pending litigation as previously reported, and further discussed and gave direction to staff to negotiate a new lease for the pier restaurant with the previous lessee. CANCELLED MEETING By unanimous consent, the Council directed that the regular meeting of December 23rd be cancelled due to the Christmas holiday. ADJOURNMENT The Council, by unanimous consent, adjourned the meeting at 10:31 p.m. clerk of the 1 ApPJOoved,: (\.. LI~ (f. ~ I ~JA,) (jI Mayor ) Attest: