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HomeMy WebLinkAboutCC Min 1984-04-09 4/3/84 - 4/9/84 ORAL COMMUNICATIONS There were no oral communications. ADJOURNMENT Brownell moved, second by Risner, to adjourn the meeting at 7:10 p.m. I AYES: NOES: ABSENT: Brownell, Grgas, Risner, Vanderstaay None Laszlo Motion carried and ex-o 1C10 clerk of the City Council Attest: Approved: I Seal Beach, California April 9, 1984 The City Council of the City of Seal Beach met in regular session at 7:04 p.m. with Mayor Grgas calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Grgas Councilmembers Brownell, Laszlo, Risner, Vanderstaay Absent: None Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Stickney, Assistant City Engineer Mr. Osteen, Recreation Director Mrs. Yeo, City Clerk I WAIVER OF FULL READING Risner moved, second by Vanderstaay, 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, Grgas, Laszlo, Risner, Vanderstaay None Motion carried 4-9-84 AGENDA AMENDED Laszlo moved, second by Risner, to amend the agenda to consider Resolutions Numbered 3368 and 3369 at this time. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried RESOLUTION NUMBER 3368 - HONORING DAVID CHAPMAN - EAGLE I SCOUT AWARD Resolution Number 3368 was presented to Council and read in full by Councilman Laszlo entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING DAVID CHAPMAN, FOR ACHIEVING THE BOY SCOUT OF AMERICA EAGLE AWARD." Laszlo moved, second by Vanderstaay to adopt Resolution Number 3368 as presented. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried RESOLUTION NUMBER 3369 - HONORING JEFFREY PALK - EAGLE SCOUT AWARD Resolution Number 3369 was presented to Council and read in full by Councilman Laszlo entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING JEFFREY PALK FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD." Laszlo moved, second by Vanderstaay, to adopt Resolution Number 3369 as presented. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Mayor Grgas and Councilman Laszlo presented copies of the Resolutions to David Chapman and Jeffrey Palk, and along with members of the Council, extended congratulations for their achievement of earning the Eagle Scout Award. I PROCLAMATIONS Mayor Grgas proclaimed the week of April 15 through 2l, 1984 as "Victims Rights Week." The week of April 29th through May 6th, 1984 was proclaimed "Days of Remembrance of the Victims of the Holocaust" by Mayor Grgas. Mayor Grgas proclaimed the month of Apr il, 1984 as "Child Abuse Prevention Month." PUBLIC HEARING - APPROVING TENTATIVE PARCEL MAP NO. 83- 1008 - 208 l/2 - 4th STREET - BROWN Mayor Grgas declared the public hearing open to consider Tentative Parcel Map No. 83-1008, merging one and one-half lots for the creation of one lot. The City Clerk certified that notice of public hearing had been advertised and mailed as required by law, and that no communications had been received either for or against this matter. The Assistant City Engineer presented the staff report as prepared by Mr. Baucke, Principal Planner, setting forth the facts relative to the subject property, 507 Ocean Avenue. The report stated that the staff has reviewed the proposal and determined: 1) that the two legal building sites (Lots 4 and 5) are held by the owner, that creation of a larger lot, by taking in the area of the illegal west half of Lot 6, will not create a lot with any ability for an increased number of allowable units, that only one single family home would ,be allowed on each lot whether the merging is or is not approved, however would clear the illegality I 4-9-84 I of the west one-half of Lot 6; 2) the proposal is compatible with the existing development of the area and its zoning; and 3) the proposal is consistent with the intent of the Seal Beach General Plan. It was reported that the Planning Commission had approved Variance Application 1-84 and Negative Declaration 2-84, a request to create a lot with less than the required width and total square footage by adoption of Resolution 1311, and by Resolution 1312 recommended approval of Tentative Parcel Map 83-1008 to the City Council. There were no communications from the audience for or against the item; Mayor Grgas declared the public hearing closed. RESOLUTION NUMBER 3365 - APPROVING TENTATIVE PARCEL MAP NO. 83-1008 - 208 1/2 - 4th STREET - BROWN Resolution Number 3365 was presented to Council entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING TENTATIVE PARCEL MAP NO. 83-1008." By unanimous consent, full reading of Resolution Number 3365 was waived. Risner moved, second by Vanderstaay, to adopt Resolution Number 3365 as presented. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I RESOLUTION NUMBER 3361 - STREET LIGHTING and LANDSCAPING ASSESSMENT DISTRICT NO. 1 - 1984/85 RENEWAL Resolution Number 3361 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATES, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAY CODE OF THE STATE OF CALIFORNIA." By unanimous consent, full reading of Resolution Number 3361 was waived. The City Manager reported that the proposed resolution would set into motion the renewal of Assessment District No. 1 for 1984/85, which would necessitate the retention of the engineering consultant to provide specific data relating to the Assessment District at an estimated cost of $8,000. Mr. Parker reported that after review of the budget it appears there will be sufficient funds, in the form of loans repaid to the City, to continue a Capital Improvement Program, particularly street improvements, without renewing the Assessment District. The City Manager stated that if it is deemed the Assessment District is necessary, it could be reconsidered at a later date. Risner moved, second by Brownell, to remove Resolution Number 3361 from consideration. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I RESOLUTION NUMBER 3366 - COMPLETION - RECONSTRUCTION/OVERLAY OF SEAL BEACH BOULEVARD - PHASE II and III - PROJECT NUMBER 519 Resolution Number 3366 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 519, PHASE II AND III, RECONSTRUCTION/OVERLAY OF SEAL BEACH BLVD., IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN COPP CONTRACTING, INC., AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3366 was waived. Vanderstaay moved, second by Brownell, to adopt Resolution Number 3366 as presented. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried 4-9-84 RESOLUTION NUMBER 3367 - ESTABLISHING POLICY - USE OF CITY COUNCIL CHAMBERS Resolution Number 3367 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING A POLICY FOR USE OF THE CITY COUNCIL CHAMBERS." By unanimous consent, full reading of Resolution Number 3367 was waived. The City Manager reported that in accordance with Council direction, proposed Resolution 3367 establishes a revised policy for use of Council Chambers, allowing civic and community groups, with the approval of the City Manager, use of the Council Chambers during regular City Hall working hours. Lengthy discussion followed ~egarding: the availability of community centers to community organizations in lieu of Council Chambers, extending the use of Chambers to evenings, Monday through Thursday, when available, use on a regular versus special event basis, a required time frame for submittal of a request, possible fee for Chamber use to cover costs that may be incurred, and potential for damage or loss of City property in the Council Chambers. Risner moved, second by Vanderstaay, to approve Resolution Number 3367 as amended, adding the following to Section 3 of said Resolution to read, "A request for use of Council Chambers at a time other than regular working hours of City Hall shall be subject to the approval of the City Council and such conditions imposed as deemed necessary." It was clarified that the intent of this provision is that Council Chambers not be used by community groups and organizations on a regular, on-going basis. The Council indicated agreement by consensus, that a request for use of Council Chambers pursuant to this provision must be submitted at least seven days in advance. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried AGENDA AMENDED Risner moved, second by Grgas, to amend the agenda to include an additional item of discussion at this time, as requested by the City Manager. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carri~d REQUEST - WAIVER OF FEE - COMMUNITY CENTER USE The City Manager reported two homeowners organizations have requested that the $15 per hour fee for use of community centers be waived for their use of those facilities. Mayor Grgas reported for the record that communications to that effect have been received from the Seal Beach Resident and Homeowners Association and the Seal Way Improvement Group. Risner moved, second by Grgas, to approve waiver of the hourly fee to homeowners associations. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I I RESOLUTION NUMBER 3370 - AUTHORIZING PURCHASE BY STATE DEPARTMENT OF GENERAL SERVICES - POLICE VEHICLES I Resolution Number 3370 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS." By unanimous consent, full reading of Resolution Number 3370 was waived. Brownell moved, second by Grgas, to adopt Resolution Number 3370 as presented. 4-9-84 AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I CONSENT CALENDAR - ITEMS "K" THROOGH "Y" Councilmember Risner requested Agenda Item "L" removed from the Consent Calendar, the City Manager requested Items "u" and "V" removed, and Councilman Laszlo requested Item "M" removed. Laszlo moved, second by Brownell, to approve the recommended action for items on the Consent Calendar, except Items "L, M, U, and V," as presented. K. Approved the minutes of the regular City Council meeting of March l2, 1984. N. Approved regular demands numbered 51572 through 51746 in the amount of $279,549.99, and payroll demands numbered 8464 through 8609 in the amount of $l2l,133.17 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for the same. O. Denied the claim of Jerry Donevant and Evelyn Donevant and referred same to the City's liability insurance attorney. P. Denied the claim of Sally Dausch and referred same to the City Attorney. Q. Denied the claim of Kandy L. Bizar and referred same to the City's contractor, Copp Contracting. I R. Bids were received and opened by the City Clerk on March 29, 1984, 2:00 p.m., for a filtration system for the McGaugh Pool as follows: Knorr Pool Systems, Inc. Stanley E. Nelson Filter Supply Company California Pools & Spas Matt-Ch10r, Inc. Bensco, Inc. Stranco $ 16,885.80 17,200.00 17,220.76 17,440.00 17,600.00 18,427.00 19,025.00 Awarded the contract to the low bidder, Knorr Pool Systems, Inc. for the McGaugh Pool filtration system in the amount of $16,885.80, and authorized the City Manager to execute the contract on behalf of the City. S. Ratified the 1984/85 West Orange County Water Board budget as presented. I T. Approved the street sweeping agreement with Surfside Colony, Ltd. and authorized the City Manager to execute the agreement on behalf of the City. W. Authorized the City Manager to accept delivery of trash receptacles from Copper tone for a one year pilot program. X. Accepted the resignation of Mr. James A. Murphy, Planning Commissioner, Councilmanic District Five, ,and declared that position vacant. 4-9-84 Y. Accepted the resignation of Mr. Frank Willson, member of the Environmental Quality Control Board, Councilmanic District Five, and declared that position vacant. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "L" - MINUTES - MARCH 26, 1984 Counci1member Risner referred to Council discussion relating to Discretionary Funds and requested page three of the minutes be amended, deleting the word "another", the sentence to read "...create a non-recurring revenue source...", and that page four of the minutes be amended, Assessment District, adding two words to read "...the Assessment District would not be necessary this year..." Risner moved, second by Vanderstaay, to approve the minutes of the March 26, 1984 regular City Council meeting as corrected. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried ITEM "M" - MINUTES - APRIL 3, 1984 Councilmember Laszlo stated he was absent from that meeting, therefore would abstain from voting on approval of those minutes. Risner moved, second by Vanderstaay, to approve the minutes of the regular adjourned City Council meeting of April 3, 1984 as presented. AYES: NOES: ABSTAIN: Brownell, Grgas, Risner, Vanderstaay None Laszlo Motion carried ITEM "U" - PURCHASE - EAGLE STATION WAGON - POLICE DEPARTMENT The City Attorney advised the Council that a motion to approve should state the reasons for dispensing with normal bidding provisions. Risner moved, second by Brownell, to authorize the purchase of one (l) 1984 four-wheel drive Eagle Station Wagon, in stock, from Huntington Beach AMC at a cost of $14,046.72, for the reasons stated in the staff report. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried ITEM "V" - PURCHASE - PARKING CONTROL VEHICLES - POLICE DEPARTMENT Brownell moved, second by Vanderstaay, to approve the purchase of three Cushman parking control vehicles from Toro Pacific Distribution, at a price of $6429.20 each, plus tax, based upon the reasons as set forth in the staff report. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried PURCHASE OF PIER DECKING The Assistant City Engineer reported that a dispute has arisen with Magnus Company, Pier Reconstruction Phase II contractor, as to the responsiblity for installation of pier decking in an area running the length of the pier to accommodate the installation of utilities. Mr. Stickney explained that pending review and resolution of the dispute, it is recommended that authorization be given to purchase I I , I 4-9-84 I the treated wood decking, in order that the reconstruction will be completed in a timely manner. It was reported that the contractor has filed a claim for payment of this portion of the project in the amount of $52,000 over the present contract amount. Council discussed possible liability relating to preparation of the plans as it relates to an omission, and the procedure for providing plans and specifications to potential bidders. The City Attorney stated that the contractor will be held responsible for completing the project within a timely manner. It was noted that it does not appear to be the intent of the contractor to stop construction pending resolution of the dispute, and further, that this portion of the reconstruction can be delayed until other phases are complete. Risner moved, second by Vanderstaay, to authorize the City Manager to advertise for bids for the purchase of treated wood decking for the Municipal pier at an estimated cost of $30,000. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I WATER METERING - SUBDIVISIONS The City Manager explained that staff recently became aware of an existing provision of the Municipal Code requiring that "No one service shall supply water to properties under separate ownership." He reported that after discussion, the staff determined support could be given both for and against the existing requirement, however stated the main concern was to grandfather those single metered developments as they now exist. The staff report submitted by the Principal Planner reported that the water meter requirement had been discussed by the Planning Commission as it related to a condo conversion request under consideration, and that the Commission had requested a staff report and survey of other cities' pOlicies with regard to separate metering. It was noted that of the thirteen cities surveyed on condominium requirements for separate metering for water, gas and electrical utilities per unit, seventy-seven percent reported separate meters are required for all utilities. The staff report also stated the Commission had moved for City Council review of the issue, determine a recommendation either by themselves or by authorizing the Planning Commission to study and obtain input on this issue. The staff report pointed out it has not been a policy to require condominium conversion projects to install water meters to serve each unit, since it was felt a condition for separate metering was a discretionary decision which in the past has been made by either the Engineering Department, Planning Commission or City Council. The City Attorney confirmed that an alternative to require one or more meters could be permissive at the discretion of the staff and property owner. Discussion continued regarding metering of established developments such as Leisure World, the PreSley condominiums, Oakwood and Riverbeach, as well as completed condominium conversions, the excessive cost for separate metering, and questioned the desirability of requiring separate metering in new construction. Mayor Grgas expressed his displeasure with the fact that this Code requirement has not been enforced for so many years. Two members of the audience spoke to this issue. Councilman Laszlo stated he did not wish to make a determination on this matter without Planning Commission study and input. The City Attorney explained that this would be a policy decision of the Council and stated the matter of separate water metering could be handled as a condition of approval I 4-9-84 if deemed necessary. Risner moved, second by Vanderstaay, to delete Section "B" of the proposed ordinance, relating to a requirement for separate metering and grandfathering properties developed prior to June 1, 1984. AYES: NOES: ABSTAIN: Brownell, Risner, Vanderstaay None Grgas, Laszlo Motion carried I REPORT - REPAIR/IMPROVEMENTS TO PIER CAFE Councilman Laszlo stated that prior to taking action on this matter he would like to tour the pier cafe facility. The City Manager stated he feels it will be difficult to coordinate the subject improvements with the present pier reconstruction contractor, therefore if the improvements are delayed beyond July 1st it may be necessary to put a temporary facility in place. Brownell moved, second by Vanderstaay, to hold this item over until next meeting. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried It was the to declare reconvened to order. order of the Chair, with consent of Council a brief recess at 8:43 p.m. The meeting at 8:55 p.m. with Mayor Grgas calling the meeting The City Manager requested that the Council take further action on the proposed Ordinance relating to water metering. ORDINANCE NUMBER 1166 - AMENDING MUNICIPAL CODE CHAPTER 26 - WATER METERING I Ordinance Number 1166 was presented to Council for .first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 26, SECTION 26-5, OF THE CODE OF THE CITY OF SEAL BEACH, MANNER OF CONNECTION - ADDITIONAL REQUIREMENTS." By unanimous consent, full reading of Ordinance Number 1166 was waived. Brownell moved, second by Vanderstaay, to approve the introduction and first reading of Ordinance Number l166 as amended and that it be passed to second reading. AYES: NOES: ABSTAIN: Brownell, Risner, Vanderstaay None Grgas, Laszlo Motion carried CITY MANAGER COMPENSATION - ANNUAL REVIEW Mayor Grgas reported that he and Councilman Brownell had been appointed by the Council as a committee to discuss the compensation package and other related items dealing with the employment of the City Manager. The Mayor reported meetings have taken place and tentative agreement reached. The Agreement as proposed, set forth the following: 1) general duties of the City Manager; 2) base compensation; 3) automobile allowance; 4) performance evaluation process; 5) severance pay; 6) other benefits and conditions of employment; and 7) term of agreement. Members of the City I Council expressed their views regarding specific provisions of the City Manager's compensation agreement as presented. In response to Council, the City Attorney stated that upon initial review of the agreement, he had some concern with the cost of living increases for the City Manager being tied to the cost of living of other employees, since the City Manager is, to some extent, involved in the negotiating process and while it would not, in most instances, be a conflict of interest, it could create that problem in the 4-9-84 I future. Mr. Stepanicich suggested that it might be advisable to tie the annual increase of the City Manager to an objective indicator such as the CPI or Wage Earners Index. After considerable discussion it was suggested that the items addressed by the proposed agreement be considered in two separate motions. Risner moved, second by Laszlo, to approve an agreement between the City Manager and the City Council incorporating the provisions for Performance Evaluation and Term of Agreement, a provision dealing with a violation of law by the City Manager, and a statement that the City Manager provide a thirty day notice to the City Council upon voluntary termination. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried Laszlo moved, "second by Risner, to establish the base compensation of the City Manager at $4800 per month effective April l, 1984, increase the City Manager's auto allowance to $390 per month effective April 1, 1984, and that the City and employee agree to develop a performance evaluation process. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried I REPRESENTATIVE - ORANGE COUNTY TRANSPORTATION COMMISSION - ADVISORY COMMITTEE Mayor Grgas, with consent of the Council, appointed Gary Johnson, Director of Public Works, as the City's representative to the the Orange County" Transportation Commission Advisory Committee to assist Ca1trans and the Commission in determining whether high occupancy vehicle lanes should be added to the San Diego Freeway (1-405), and that Larry Stickney, Assistant City Engineer, be appointed as the alternate representative. Councilman Laszlo requested Council input to the City's representative to the committee. I ORAL COMMUNICATIONS Mayor Grgas declared oral communications open. Councilmember Risner expressed appreciation for the City's clean-up of the First Street median. Mayor Grgas requested a brief, concise legal opinion from the City Attorney as to a potential conflict of interest for members of the Council or members of the Planning Commission being involved in local homeowners' associations, specifically the ability to vote and hold office, and that the opinion address all service organizations. Mr. Charles Antos, 316 - lOth Street, spoke regarding a construction project that had been shut down due to alleged violations. He stated he had received a call inferring he had caused the shut down, stated he has never been nor intends to be on that construction site, and objected to inference he had been involved in this matter, citing the negative effect upon his present endeavors. Mr. Mike Lawlor, 1733 Bayou Way, expressed his appreciation to the Council for approving the final map for his condominium conversion at last meeting. Mr. John Jacobson, Trailer Park resident, referred to his second story cabana addition which was continued by the Planning Commission pending legal opinion regarding cabanas. Counci1member Risner inquired as to the Planning Commission's authority sitting as an Architectural Review Committee. The City Attorney reported that the concerns posed by the Commission have been addressed in a legal opinion submitted to the City. Mr. Stepanicich reported that questions relating 4-9-84 to Building Code compliance is a matter of staff determination, and that the roll of the Planning Commission as an Architectural Review body deals strictly with that issue, determining the compatibility with surrounding trailers and improvements and to residences located adjacent to the Park. He continued, stating that another issue posed by the Commission related to two-story cabanas, requesting clarification of what constitutes a cabana under the Code. Mr. Stepanicich explained that under Title 25 there is no precise definition of what is or is not a cabana other than the fact that it is supposed to be an accessory building, and typically thought of under zoning laws as al secondary structure. The City Attorney stated that the State, as regulators under the Department of Housing and Community Development, have their own interpretation of what is an accessory structure, and that a meeting is anticipated in the near future with State representatives to obtain their interpretation of those regulations. The City Manager explained that the issue appears to be the size of the cabana, being larger than the trailer, and stated he is asking the State whether or not the City has the right to regulate the size of a cabana. Mr. Jacobson also referred to a hazardous pedestrian condition existing on the bridge on Pacific Coast Highway west of First Street where pedestrians walk in the bicycle lane and suggested a barrier be constructed at that location. There were no other oral communications; Mayor Grgas declared oral communications closed. ADJOURNMENT Brownell moved, second by Vanderstaay, to adjourn the meeting at 10:05 p.m. AYES: NOES: Brownell, Grgas, Laszlo, Risner, Vanderstaay None Motion carried and ex-of icio clerk of the City Council Approved: Attest: I I I