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HomeMy WebLinkAboutCC Min 1986-02-10 1-27-86 / 2-10-86 protection possible in that regard, also noting his concern that personal privileges and rights also need to be protected. There were no other oral communications; Mayor Risner declared oral communications closed. I ADJOURNMENT Grgas moved, 10:07 p.m. second by wilson, to adjourn the meeting at AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried and ex-off~ City Council Approved: ~~Jl~ Attest: I Seal Beach, California February 10, 1986 The City Council of the City of Seal Beach met in regular session at 7:03 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. Joseph, Acting City Manager Mr. strausz, Assistant City Attorney Mr. Hemphill, Director of Public works/ City Engineer Mr. Malkemus, Administrative Aide Mrs. Yeo, City Clerk I 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 2-10-86 AGENDA AMENDED By unanimous consent, the Council amended the agenda to recognize a special request. Marsha Cleghorn, 416 Crystal place, requested City Council recognition of the Friends of the Seal Beach Animal Care Center as the official organization to raise funds for the construction of a new animal care facility. Mrs. Cleghorn I reported that the goal of the Friends is to raise $25,000 by July, 1986 through the sale of tee shirts, a dance and other fund raising activities, and that other service clubs will be requested to participate in the fund raising effort. Members of the Friends present in the audience were also recognized. Brownell moved, second by Grgas, to declare the Friends the official fund raising organization for the Seal Beach Animal Care Center. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried AGENDA AMENDED W1lson moved, second by Clift, to amend the agenda to consider Items "F" and "G" out of order at this time. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3564 - HONORING JIM LAIL and RON PALMER - AERO BUREAU PILOTS Resolution Number 3564 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, HONORING AND COMMENDING HUNTINGTON BEACH POLICE DEPARTMENT AERO BUREAU PILOTS JIM LAIL AND RON PALMER." Grgas moved, second by Clift, to adopt Resolution Number 3564 and that the Mayor be requested to formally present the Resolution before the Huntington Beach City Council on behalf of the City at the earliest possible date. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Members of the Council added their appreciation for the lifesaving efforts of Mr. Lail and Mr. Palmer. RESOLUTION NUMBER 3565 - HONORING SEAL BEACH LIFEGUARDS Resolution Number 3565 was presented to Council and read in full by the Mayor enti tled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING SEAL BEACH LIFEGUARDS DAN DORSEY, STEVE CUSHMAN, TIM SEYMOUR, BARRY CURTIS AND LONG BEACH LIFEGUARD TONY GENTILE." Clift moved, second by Wilson, to adopt Resolution Number 3565 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Chief Dorsey introduced the recipients, members of the Council expressed their appreciation, and Mayor Risner presented each with a copy of the commending Resolution. I PROCLAMATION Mayor Risner proclaimed the month of February, 1986 as "Rural Crime Prevention Month." ORDINANCE NUMBER 1210 - ACCESSORY COMMERCIAL USES - R-3 ZONE Ord1nance Number 1210 was presented to Council for second 2-10-86 1 reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING SECTION 28-800 PERMITTED USES (3) (e) TO CHAPTER 28, ARTICLE 8, HIGH DENSITY RESIDENTIAL ZONE ESTABLISHING GENERAL PROVISIONS AND LIMITATIONS ALLOWING ACCESSORY COMMERCIAL USES WHICH SERVE ONLY TENANTS AND GUESTS OF LARGE RESIDENTIAL COMPLEXES THROUGH THE ADOPTION OF A CONDITIONAL USE PERMIT." By unanimous consent, full reading of Ordinance Number 1210 was waived. Brownell moved, second by wilson, to adopt Ordinance Number 1210 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORDINANCE NUMBER 1211 - REFERRAL BACK PROCEDURES - PLANNING COMMISSION Ordinance Number 1211 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO REFERRAL BACK PROCEDURES AND AMENDING THE SEAL BEACH MUNICIPAL CODE." By unanimous consent, full reading of Ordinance Number 1211 was waived. Wilson moved, second by Brownell, to adopt Ordinance Number 1211 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I' APPROVING ZONE CHANGE - STATE LANDS COMMISSION PARCEL Ordinance Number 1212 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING ZONE CHANGE 1-85, A REQUEST TO CHANGE THE ZONING DESIGNATION OF THE 2.74 ACRE STATE LANDS PARCEL FROM C-l (SERVICE COMMERCIAL) TO S.P.R. (SPECIFIC PLAN REGULATION) ZONE AND TO AMEND THE ZONING MAP ACCORDINGLY." By unanimous consent, full reading of Ordinance Number 1212 was waived. Wilson moved, second by Clift, to adopt Ordinance Number 1212 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORDINANCE NUMBER 1213 - HAZARDOUS MATERIALS DISCLOSURE Ordinance Number 1213 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, ADDING CHAPTER lOA TO THE MUNICIPAL CODE OF THE CITY OF SEAL BEACH RELATING TO HAZARDOUS MATERIALS DISCLOSURE." By unanimous consent, full reading of Ordinance Number 1213 was waived. Brownell moved, second by Clift, to adopt Ordinance Number 1213 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried 1- RESOLUTION NUMBER 3566 - SERVICE AUTHORITY - FREEWAY EMERGENCIES Resolution Number 3566 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING SERVICE AUTHORITY FOR FREEWAY EMERGENCIES." By unanimous consent, full reading of Resolution Number 3566 was waived. Wilson moved, second by Clift, to adopt Resolution Number 3566 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3567 - INVESTMENT POLICY FOR 1985 Resolution Number 3567 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, 2-10-86 CALIFORNIA, ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1985." By unanimous consent, full reading of Resolution Number 3567 was waived. Brownell moved, second by Wilson, to adopt Resolution Number 3567 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I PROPOSED RESOLUTION - MAIN STREET SIDEWALK DEVELOPMENT POLICY A proposed Resolution, "ESTABLISHING A SIDEWALK DEVELOPMENT POLICY FOR MAIN STREET," was presented to Council. At the request of the Acting City Manager, Wilson moved, second by Clift, to hold this item over until a later date. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3569 - ESTABLISHING VOTING PRECINCTS/POLLING PLACES - APPOINTING ELECTION OFFICERS/COMPENSATION Resolution Number 3569 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE PRIMARY NOMINATING MUNICIPAL ELECTION ON TUESDAY, MARCH 25, 1986." By unanimous consent, full reading of Resolution Number 3569 was waived. Brownell moved, second by Wilson, to adopt Resolution Number 3569 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORDINANCE NUMBER 1214 - ESTABLISHING MORATORIUM - LIQUOR I LICENSES Ordinance Number 1214 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISHING A MORATORIUM ON THE GRANTING OF CONDITIONAL USE PERMITS FOR ON-SITE AND OFF-SITE LIQUOR ESTABLISHMENTS AND DECLARING THE URGENCY THEREOF." By unanimous consent, full reading of Ordinance Number 1214 was waived. The Acting City Manager reported the proposed Ordinance was being presented pursuant to Council request, will take effect immediately and expire , forty-five days after adoption. Wilson moved, second by Grgas, to adopt Ordinance Number 1214 as presented. Council requested that Planning Commission study of this matter commence at the earliest possible time. AYES: NOES: Brownell, Clift, Grgas, Risner, wilson None Motion carried CONSENT CALENDAR - ITEMS "M" THROUGH "R" Mayor Risner requested Items "M, P, and Q" be removed from the Consent Calendar; Councilman Brownell requested Item "R" removed. Cl i ft moved, second by Wil son, to approve the recommended action for items on the Consent Calendar, except Items "M, P, Q, and R," as presented. N. Approved regular demands numbered 59477 through 59622 in the amount of $502,235.52, and payroll demands numbered 19545 through 19701 in the amount of $136,523.45 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for the same. I O. Denied the claim of Pamela Rae ventura and referred same to the City Attorney. 2-10-86 AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "M" - MINUTES Notlng that revised minutes of the January 27th meeting had been provided Council this date, Mayor Risner requested that the minutes be held over until next meeting, for Council review. The Council agreed to the request by unanimous consent. ITEM "p" - O.C. UNIFIED TRANSPORTATION TRUST FUNDS The Acting City Manager verified that appropriation of the $13,000, the cost of the material reports, from Gas Tax Funds rather than from the General Fund, would be an allowable expenditure. Clift moved, second by Wilson, to authorize the City Engineer to submit material reports to the Orange County Transportation Commission, directly related to the City's application for OCUTT Program funds for street rehabilitation, and that said cost, $13,000, be appropriated from Gas Tax Funds for the cost of same. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I PIER RESTAURANT - CHANGE ORDERS The Mayor questioned the change order, reflecting increased cost, for the ceramic tile for the pier restaurant. The Acting City Manager clarified that when the bid specifications were drawn up by Thirtieth Street Architects, they estimated $4.50 per square foot for ceramic tile for bidding purposes only. He stated that this has been determined to be an understated amount, explaining that the tile cannot be obtained for that amount, the $4.50 merely covering the labor, therefore the need for a change order. Clift moved, second by Brownell, to approve Change Order Number One in the amount of $2,086.00, replacing plastic laminate toilet partitions with stainless steel, and Change Order Number Two, for ceramic tile, in the amount of $4,264.36. In response to Council, the Acting City Manager reported recent receipt of plans for interior fixturization for the pier Restaurant, which are currently being reviewed by the City, the bid specifications to possibly be on the next Council agenda. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I 5th and 7th STREET ALLEY IMPROVEMENTS - PROJECT NUMBER 549 Councilman Brownell recalled that the subject project was held over from the last meeting pending a report regarding the availability of funding. He objected to the practice of encumbering funds from a previous year without rebudgeting those funds in the current fiscal year, and suggested that the previously approved project 557, 2nd and 8th Street alley improvements, be delayed and that the subject project 549 be substituted due to its prior budget approval. Councilman Clift noted that a savings could possibly be realized by bidding both projects. Staff reported that the design/specification phase of both projects have been completed and are ready to be submitted for bid. Mayor Risner also expressed concern regarding the practice for encumbering funds, questioned the availability of funds for this particular project, specifically water and sewer funds, and questioned conflicting figures as set forth 2-10-86 in the budget and annual audit. The Mayor stated she did not want to reverse Council's action on the alley improvement project approved on January 27th, however suggested the project under consideration be postponed until budget discussions, that the staff inquire if the County would hold the approved H/CD funds until that time, and requested staff to provide a list of all encumbered project monies. The Acting City Manager stated that the Finance Director I had confirmed that the monies set aside from the water and sewer funds are available for this project, encumbered prior to the end of the fiscal year, therefore not reflected in the current budget. Additionally, Mr. Joseph expressed concern that Block Grant Funds, allocated to this project in year ten, may be lost if the project does not proceed, a concern that was confirmed by the County. Councilman Grgas stated his recognition of the concern expressed as to pinpointing encumbered funds, however added his concern as to the potential loss of H/CD funding, noted the anticipated loss of future federal funding sources, and in response to the discussion, requested that the Council be informed as to where encumbrances are reflected in the audit. Discussion continued. The Acting City Manager suggested that this item be held over until next meeting, and that the staff provide further documentation that the funds are available for this project. The Mayor again requested a list of projects that have been encumbered and where same is reflected in the audit. Brownell moved, second by Wilson, to hold this item over until next meeting. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried CITY COUNCIL AGENDA Councilman Clift recalled a discussion at a previous meeting concerning the disposition of properties owned by Bixby Ranch Company, leased to the Armed Forces Reserve Center, and read an excerpt from a letter dated July 25, 1983 authored by Mr. Chase Morgan, Bixby Ranch Company, to the Department of the Army, and quoted in part, "Bixby has no interest in renewing the lease upon its expiration. Instead, our intention is to go forward as expeditiously as possible with the development of all of the remaining land we own in the Seal Beach area," .. ."Accordingly.. . formulating alternative land plans predicated on varying assumptions about land use in the general area." The Mayor requested that the referenced communication be forwarded to the Bixby Company for their comments. The Acting City Manager reported that he had contacted Mr. Bradshaw of the Bixby Company as requested by Council who said he would be forwarding something to the City with regard to withdrawal of their master plan. The Mayor noted the existance of seventeen twenty-four minute zones in the 100 block of Main Street, requesting that the Traffic Committee look into the need for that number. ORAL COMMUNICATIONS Mayor Risner declared oral communications open. Mayor Risner asked that members of the audience not request a response at the meeting to matters not on the agenda, stating that a response would be forthcoming subsequent to the meeting. Mr. Glen Dulac, 1019-1/2 Electric, referred to a recent letter to the editor regarding the City's present lack of liability insurance coverage. Mr. Dulac stated his research has shown there are twenty-five outlets nationwide that market municipal insurance, two of which located in California, that the Acting City Manager had informed him I I 2-10-86 I that four companies are seeking insurance for the City, and informed Council he had not been requested to investigate insurance coverage for the City. Mr. Dulac stated all possible suppliers may not have been thoroughly researched, therefore requested Council authorization to investigate insurance coverage, submit applications, and make available to him a three to five year loss ratio report. Councilman Grgas noted that in conversations with insurance companies and trial lawyers familiar with the deep pocket situation, it had been pointed out that Seal Beach has not suffered great losses from judgments, however has expended substantial monies for out of court settlement of smaller claims, explaining that from an insurance company's standpoint the number of claims become a factor, the City being a beach community having potential for liability, and pointed out that the premium for insurance that could be obtained has doubled and tripled in recent years, with a stop-loss escalating to a million dollars per incident. The Mayor noted that some cities are going without insurance and building up their own insurance reserve fund, given the amount of insurance premiums and stop loss. Mr. Joseph reported that the City's current broker as well as three to four other agents are currently seeking insurance. The Mayor inquired if those agents are requiring the information requested by Mr. Dulac. Mr. Joseph responded in the negative, also noted that Mr. Dulac had requested to be placed on a retainer, which he reported he would recommend against. Mr. Joseph also reported the City has explored joining the orange County Risk Management Authority and the Southern California Joint powers Insurance Authority, the City being turned down by both, and reported that the League of Cities is exploring the possibility of establishing a statewide city insurance pooling fund, as well as a San Francisco based firm who is considering establishment of a Joint Powers Authority. The Acting City Manager reported property insurance has been secured, and that one quote has been submitted for vehicle insurance at a premium cost of $90,000, equalling the City's entire insurance program for the prior year. Mr. Joseph also explained that Seal Beach is certified as a self-insured jurisdiction by the State of California, therefore not required by law to be insured. The Mayor noted the need to support the deep pocket initiative on the June ballot. Mr. Dulac acknowledged his mention of a retainer to the Acting City Manager, then stated he would waive the retainer to submit application to the California companies, again stating the need to obtain the loss report for the city. Mr. Dulac said that if it is necessary to contact companies outside California, he would request a retainer. Mitzi Morton asked if claims against the City, placed on the agenda, could indicate the cause of such claim; the Acting City Manager stated a brief explanation could be provided. Mr. Robert Cook, 441 Central Avenue, spoke in support of the liquor license moratorium, noted a possible request for a Conditional Use permit forthcoming for the issuance of a license to a non- conforming use establishment in a residential area. Mr. Cook suggested that thorough study be given to establishing guidelines for liquor licenses, and commended the staff for noticing the operator of the referenced establishment to cease such activity until proper approvals are obtained. There were no other oral communications; the Mayor declared Oral Communications closed. I I CLOSED SESSION The Council did not meet in Closed Session. 2-10-86 / 2-24-86 ADJOURNMENT Grgas moved, 8:18 p.m. AYES: NOES: second by Clift, to adjourn the meeting at Brownell, Clift, Grgas, Risner, Wilson None Motion carried o ex-of ~cio clerk of the Council Approved: Attest: Seal Beach, California February 24, 1986 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: Mayor Risner Councilmembers Brownell, Clift, Grgas Councilmember Wilson Absent: The city Council, by unanimous consent, excused Mrs. Wilson's absence from the meeting. Also present: Mr. Joseph, Acting City Manager Mr. Stepanicich, City Attorney Mr. Baucke, Director of Development Services Mr. Hemphill, Director of Public Works/ City Engineer Mr. Malkemus, Administrative Aide Mrs. Yeo, City Clerk I I WAIVER OF FULL READING Clift moved, second by Grgas, 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 I or resolution. AYES: NOES: ABSENT: Brownell, Clift, Grgas, Risner None Wilson Motion carried