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HomeMy WebLinkAboutCC Min 1997-01-27 1-27-97 Seal Beach, California January 27, 1997 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Forsythe calling meeting to order with the Salute to the ~lag. the ROLL CALL Present: I Absent: Mayor Forsythe Councilmembers Brown, Campbell, Fulton Councilmember Hastings Brown moved, second by Campbell, to excuse the absence of Councilmember Hastings from this meeting. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried Also present: Mr. Till, City Manager Mr. Barrow, city Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA Brown moved, second by Fulton, to approve the order of the agenda as presented. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried I ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION The City Attorney announced that the City Council would meet in Closed Session to discuss as many of the items identified on the agenda as time allows, a conference with legal counsel pursuant to Government Code Section 54956.9 with regard to the Appeals Court Case of Mola versus City of Seal Beach, anticipated litigation pursuant to Government Code section 54956.9(b)(3)(C), claimants Walter and Mona Babcock, and three potential cases of anticipated litigation pursuant to Government Code section 54956.9(c). By unanimous consent the Council adjourned to Closed Session at 6:31 p.m. The Council reconvened at 6:51 p.m. with Mayor Forsythe calling the meeting to order. The City Attorney reported the Council had discussed all items identified on the agenda and that no action had been taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:51 p.m. I I I I 1-27-97 Approved: _ A ~ ~ ~f :i!-r/~. ayo ~"'~~ City Clerk Attest: Seal Beach, California January 27, 1997 The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Campbell, Fulton Councilmember Hastings Absent: Brown moved, second by Forsythe, to excuse the absence of Councilmember Hastings from this meeting. AYES: NOES: ABSENT: BrowR, Campbell, Forsythe, Fulton None Hastings Motion carried Also present: Mr. Till, city Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, City Engineer/Director of Public Works Ms. Stoddard, Director of Administrative Services/Treasurer Ms. Beard, Recreation and Parks Director Mrs. Yeo, city Clerk APPROVAL OF AGENDA- A member of the audience requested removal of Item "F" from the Consent Calendar and the City Attorney advised there would be certain language changes to that item as well. Mayor Forsythe requested that Item "H" be considered out of order as the first item of business. Brown moved, second by Fulton, to approve the order of the agenda as revised. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried ITEM "H" - PROCLAMATION Mayor Forsythe read in full the Proclamation declaring February 9th through February 15th, 1997 as "Vocational Education Week." Mr. Matt Duggan, Los Alamitos School Board President, accepted the Proclamation with appreciation. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Ms. Moira Hahn, 1732 Harbor Way, was duly sworn as requested by the Mayor, declaring her comments to be true and correct. Mayor Forsythe 1-27-97 asked that Ms. Hahn provide documentation of the basis for statements. Ms. Hahn announced her resignation from the Archaeological Advisory Committee. Ms. Hahn claimed recent Council actions were a sabotage of efforts to properly analyze archaeological sites on the Hellman Ranch and an avoidance of planning and preservation strategies for important sites located in the path of the proposed development, as an indication to her 1- - that the Council has no interest in complying with either the spirit or the letter of the law, and accused the Mayor of being engaged in a campaign to push forward the development of the Hellman property by ensuring that only cosmetic attempts to comply with the law and recommendations of the Archaeological Committee will be imposed. Ms. Hahn stated that while she is not opposed to development in general she is opposed to a process of development which would destroy valuable and perhaps unique knowledge before it can be recovered, citing the City's Archaeological Element, CEQA, and the National Historic Preservation Act as not imposing an absolute ban on development, rather, that archaeological evidence can be unearthed and preserved or that projects can be redesigned to avoid important resources, and said although this involves economic costs the discovery and preservation of cultural heritage through archaeological efforts outweighs rapid, careless development. Ms. Hahn stated it seemed clear to her that the efforts of the Mayor with regard to archaeology were deliberately undertaken to provide a rationale to recommend that former archaeologist Dr. Stickel be released, the evidence was fabricated and untruths told because of fear that Dr. Stickel would find significant evidence of early Native American habitation on the Hellman site which would require expensive mitigation before the developer could complete the project. She stated the claim that Dr. Stickel over-charged is hypocritical in that monies were I authorized for other archaeologists to review the research design of Dr. Stickel, to which she claimed that peer reviews are normally provided upon request and at no cost to a city, also, the Archaeological Committee was not invited to consider the selection of reviewers. To the complaint as to the length of time taken to prepare the research design, Ms. Hahn faulted a Hellman representative for not being responsive or providing needed data in a timely fashion and the rewriting of the archaeologist's design by the Mayor. She claimed that at a meeting with the Native American members of the Archaeological Committee the Mayor told them there were no burials on the Hellman property, to which Ms. Hahn stated there have been numerous burials found on the site, the City has records of them, and that understanding led to the adoption of the Archaeological Element. Ms. Hahn said at the same meeting that Dr. Stickel was released the city hired SRS Archaeology, that firm involved with the Koll project at Bolsa Chica and the puvungna site at Cal State Long Beach, numerous Native Americans and their supporters have described their belief of unethical practices by SRS and have protested the firms role on the Hellman project. She again claimed the City is not going to honor the intent of the Archaeological Element. Ms. Hahn relayed her knowledge of the archaeological sites in Seal Beach and the laws and polices that exist to protect them, stated it I is her intent to not be part of something that destroys them, that she would be watching future actions closely, and would hold the Mayor and Council legally and politically responsible for whatever harm comes to the sites on the Hellman Ranch. Mr. Charles Antos, Seal Beach, said upon reviewing the proposed development plan a number of questions came to mind, first, a Hellman Specific Plan Advisory Committee was appointed several years ago to look at the property and possible uses, the . proposed plan does not reflect the recommendations of that Committee, and asked if the report submitted to the city has been filed and forgotten. Mr. Antos recalled recent newspaper I I I 1-27-97 articles with regard to Dr. Stickel in which comments were made that the work of archaeologists in the past has been less than professional, and during the time the EIR for the Mola project was being considered he said he had pointed out that there were burials on the Hellman land and that another archaeologist, Dr. Redwine, had done considerable work on the site, that work initially unknown to the Mola archaeologist, yet the Redwine reports claimed there were a number of burials, and of the two previous EIR's on the Hellman property one referenced the Redwine work, to which he questioned why the Mola archaeologist was not aware of the Redwine reports, therefore the non- professional work referred to by Dr. Stickel was likely correct. He noted that one of the news articles made the comment that selection of a new archaeologist would not hold up approval of t~e Hellman application to which he questioned how it is known the project will be approved inasmuch as there has been no required environmental documentation, public circulation, review, or hearings. Ms. Helen Herrera Anderson, stated she was present on behalf of a group of people and read a letter from a descendant of the Gabrielino/Tongva tribe who also serves as director of a Native American Society, stating she has been informed of the plans to develop the Hellman Ranch and felt the necessity to comment. The author said she was upset yet not surprised that another sacred site is being threatened by modern society who refuses to recognize the original aboriginal people who have cared for this land for thousands of years, once again the native people must stand up and defend their sacred sites, the land is sacred because the remains of ancestors are there, this land is connected to Puvungna, a well documented, important site with deep cultural significance, all of which are connected to Catalina Island where the religious center was located. The author stated the literature she has reviewed indicates or suggests that the Ranch was a campsite yet the presence of burials has occurred repeatedly, oral history indicates that this was a cemetery yet cultural etiquette does not allow for burials within a campsite or village site, however the presence of burned remains support the theory of a crematory within the area, both were practiced by her people in a chronological and historic sequence that is never addressed in archaeological literature, one will not find additional archaeological evidence of the Hellman Ranch site for the reasons that the sites have been pillaged, hunted, and ravaged over time for a variety of activities, including archaeology, they are people who participate in a science that is destructive and permanently destroys the integrity of any site, much of the information that scientists now look for has been systematically destroyed by them, and as to the systematic destruction of the Hellman land the scientists fail to recognize the most valuable resource available, cultural scholarship. The author said if one wants to know about this land they should ask the people, which she claimed she has not seen, yet there is a continued reliance on the word of the archaeologists, and just as destructive to this site is the presence of SRS who has already demonstrated the inability to work with the native community, rather, creates additional complications and friction, therefore she refuses to accept their presence or participation in this project, and she would do all within her power to ensure that her community is informed and has the opportunity to express their objections. She reported that her brother worked with a number of archaeologists on many of the sites in the 1970's, including the Hellman Ranch, and witnessed many of the unwritten occurrences that has led to destruction of this site, and said she wished to inform the City and the Archaeological Advisory Committee that her community will not sit aside and watch this site be further destroyed. The author said the presence of features on the land indicate that it was a ceremonial area, Dr. Stickel verified that information by means of infrared photos, to which she 1-21-91 questioned why the city and potential developers refuse to acknowledge this information and continue to ignore the native community on an issue such as this, why the refusal to acknowledge the cultural scholars that hold this information, the history of the Hellman Ranch, why does the City continue to participate in political and cultural genocide, spiritual genocide in this saga of ethnic cleansing, and asked if it is I believed there will be a toleration of the violation of their aborigine, human and religious rights, why is it thought that the burial sites of famous whites are more significant than native sites. The author stated her desire that this issue be resolved by Seal Beach, include the Gabrielino and Tongva communities of which there are five, all of them should be consulted, the Juanenos should be included as well due to the mutual relationShip of sacred site practices and spiritual philosophy. She said openness, honesty and trust is not something that has been experienced with this or other agencies in addressing protection of the sacred sites, asked that it be demonstrated that this agency can be honest and trustworthy, be informed, to which stated the land is us and we are the land. She reported support for their efforts come from many areas that extend internationally, unfortunately the only way that seems to get a response otherwise they are shelved like the thousands of their ancestors. Ms. Anderson said the letter was from Cindy EI Vitre. Mr. Gordon Shanks, 215 Surf Place, called for a calming of the rhetoric, stating the City has gone through this same land development process since about 1978 with the same rhetoric with regard to archaeology. He offered that this is not genocide, everyone wants to know their roots and protect the background of their ancestors, the feelings of the Native Americans are understood, to which he relayed a somewhat similar I concern in his own family history. with regard to archaeology he noted that the State has established procedures and his understanding is that that is an issue to be dealt with in the environmental impact report. Mr. Shanks again stated this is not an issue of genocide, objected to such accusations directed towards the City and the council, and said the intent is to protect everyones rights. Ms. Lillian Volanzuela Robles, introduced herself an Elder of the Juanenos Nation. She pointed out that the Mayor has only one more year to serve in that capacity, stated their native ancestors have been buried on this land for thousands of years, to which she questioned the rush to dig up and destroy a site where the real value has not yet been learned, although numerous studies have been made, they have been misplaced, thus the true facts of that land are not known. She offered that Orange County has not been particularly kind to Native Americans, the Bolsa Chica as an example contains family remains, is a spiritual hurt to the Native community, the original people of the land are given no respect, there are no laws that protect them. Ms. Robles said suspicions exist because the City has not been open, especially given the experiences of the native community with regard to puvungna and Bolsa Chica, had the Coastal Commission laws been obeyed the Bolsa Chica would never have happened. She offered that money may be appealing to some but the real issue is morality, and that must be practiced if it is to be instilled in the children. I Ms. Robles expressed her opinion that Dr. Stickel should have been able to present all of his facts, and questioned the secrecy as it relates to the Native Americans, as an example cited her uncertainty as to the reburial of items at the Bolsa" Chica as she was not allowed to actually view it. Mayor Forsythe pointed out that it was she and Councilmember Hastings that had requested adoption of an Archaeological Element as the City had no such document previously and there was concern that what was being done on the Hellman land during the previous development proposal was not done properly. She explained that the action taken with regard to Dr. Stickel was a business I I I 1-27-97 decision, the budget amount was exceeded, the time frame was not adhered to, the research design was revised a number of times yet remained unacceptable, and basic requirements that a city must have from a business, insurance coverages just one example, were not complied with. Dr. stickel accused the Mayor of making false statements. Mayor Forsythe continued to explain that the decision of the City was to seek and retain an archaeologist that meets all of the city requirements to review all available data and perform the archaeological design task correctly, she emphasized that no selection has been made, rather, requests for proposals have been sent out, up to five members of the Archaeological Committee will participate in the interviews, no information is being withheld, the desire is to conduct the archaeological work correctly, and questioned if that were not the goal why would the Element have been written. The Mayor was outraged at an accusatory gesture from the audience insinuating the taking of money, asked that the accusations cease and rather, that those present work with the City to resolve these issues. Dr. David Rosenman, Seal Beach, requested that public comments be allowed relating to the tree policy item. Ms. Teri Restivo, American Indian Movement National, Indianapolis, Orange County Chapter, Sacred sites Chairperson for Orange County and public relations, stated she worked with the Bolsa Chica for considerable time, has known the persons present and deemed them to be honest people. Ms. Restivo claimed there has been much genocide in their culture by those who wish to develop over the bones of their ancestors without even asking. She questioned if anyone has ever come to the Native Americans to inquire how this can be done right, have dialogue together, asked if the Native Americans could teach how burials and reburials are done, the people want their ancestors honored, in a safe place, where they were originally, not moved, not in labs or boxes. Ms. Restivo vowed support for the Native Americans, challenged the City to have dialogue with them and resolve this issue correctly. Mr. August spivey, Newport Beach, made mention of the reference to the current archaeology process and asked if it would be acceptable to allow some Indian oversight into that process, which could possibly be a reasonable solution to the problems. He offered also that when the culture of a people is destroyed it is called genocide. Mayor Forsythe advised that there are two Native American members on the Archaeological Committee, there is provision for a monitor, noted that a number of those present have been misinformed and called for the assistance of the Native Americans to properly resolve this issue. A gentleman identified himself as Steve, a twenty-five year Orange County resident whose relatives are from Jalisco, Mexico, expressed his support for the Tongva, Gabrielino, and Shoshone people and their concerns, also as a participant in ceremonial traditions around sacred sites of prayer in honor of their people. As a native of Mexico and a Nati~e American there is need to remember the ancestors, the meaning of the history, and the people stand in favor of protecting the sacred sites. He asked that caution be used when examining the motives and integrity of the archaeologist being sought. As an elder descendent, Ms. Lillian Robles said her letter to the City asked to be allowed to come onto the Hellman land, noted that Vera Rocha, the most likely person, may not be available to observe, therefore Ms. Robles volunteered her services. She concluded that if the City is speaking with a straight tongue there should be no fear of being scrutinized. Mayor Forsythe invited the speakers to stay in contact with the Council. There being no further comments, Mayor Forsythe declared Oral Communications closed. 1-27-97 COUNCIL ITEMS APPOINTMENT CIVIL SERVICE BOARD Councilman FUlton requested that this item be held over, and invited persons from council District Five having an interest in serving on the Civil Service Board to contact him. LIBRARY BOARD The city Manager reported that a meeting schedule for the Orange County Library Advisory Board has not been established as yet and may likely be decided by its appointed members. Brown moved, second by Campbell, to designate Mayor Forsythe as the representative to the Advisory Board and Councilmember Campbell as the alternate on a tentative basis pending finalization of meeting days and times. I AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried CONSENT CALENDAR - ITEMS "c" thru "L" Brown moved, second by Campbell, to approve the recommended action for items on. the Consent Calendar as presented, except Item "F", removed for separate consideration. C. Approved the waiver of 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 unless specific request is made at that time for the reading of such ordinance or resolution. I D. Approved the minutes of the January 13th, 1997 regular adjourned and regular meetings. E. Approved the Agreement with Converse Environmental West to conduct environmental services in connection with the remediation of underground contaminants at the City corporation Yard at a cost not to exceed $30,500, and authorized the City Manager to execute the Agreement on behalf of the City. G. Received and filed the November, 1996 Monthly Investment Report. H. (Proclaimed Vocational Education Week at the beginning of the meeting). I. Received and filed the staff report relating to city of Long Beach Annexations 96-1 and 96-2 and instructed staff to provide further reports as appropriate. Proclaimed April 21st through April 27th, 1997 as "Seal Beach Arbor Week". J. K. Approved regular demands numbered 14743 through 14890 in the amount of $842,446.60, payroll demands numbered 20598 through 20609 in the amount of $321,309.73, and authorized warrants to be drawn on the Treasury for same. I L. Received and filed the Annual Financial Statements for the City of Seal Beach, I I I 1-27-97 Seal Beach Redevelopment Agency, and the Seal Beach Mortgage Revenue Issue for fiscal year ended June 30, 1996. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F" - ORDINANCE NUMBER 1413 - AMENDING LOCAL AMENDMENTS - UNIFORM BUILDING/FIRE CODES - SPRINKLER SYSTEMS Ordinance Number 1413 was presented for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING LOCAL AMENDMENTS TO THE UNIFORM BUILDING AND FIRE CODES RELATING TO SPRINKLER SYSTEMS, AMENDING PORTIONS OF CHAPTER 5 OF THE CODE OF THE CITY OF SEAL BEACH, AND APPLYING TO PENDING CONSTRUCTION PROJECTS." The City Attorney provided amended language to Ordinance Number 1413, Section 1 (c), with reference to Section 904.2.8, amended to add the words "all new" Group R, Division 3 Occupancies to the second line, the words "on file" in the fourth line to read "Planning District Map on file", and the word "fire" in the fifth line of the Exception with reference to "fire chief"; Section 2 (c), with reference to H, Section 1003.2.8, the same amendments as added in Section 1; and that the last sentence be deleted from Section 3 of the Ordinance. Mr. Reg Clewley, Catalina Avenue, read a statement in opposition to the passage of Ordinance 1413, stating the Ordinance will cost lives, and in support of requiring sprinkler systems for all new homes and substantial renovation of existing structures. Brown moved, second by Fulton, to adopt Ordinance Number 1413 as amended by the city Attorney. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried CITY STREET TREE POLICY The City Manager noted that the presentation of the Street Tree Policy represents an approximate year of work by the Tree Advisory Board, the Board membership a broad section of the community having knowledge that there were an inadequate number of trees in the City, having concerns with pruning, planting, the lack of a policy or guidelines for both the City and property owners, however after a period of time Board found that initial concepts of how to address this problem were unworkable, that resolved to a great degree through educational data, field trips, etc. He pointed out that the Policy is reflective of the four to five micro climates, varying soil conditions, etc. of Seal Beach, is believed to be a permissive guideline that will promote trees and the greens cape of this community. The Mayor noted the Policy even identifies the types of trees that will do well in the various areas. She also recognized the many hours devoted to this effort by the members of the committee, and invited those members present to introduce themselves. The Director of Publi~ Works commenced an overview of the Policy as proposed, noted that the purpose of the Policy is to reaffirm the City's commitment, to promote a healthy urban forest, the mission is broad and emphasizes community standards and values. He said the goals and objectives are meant to develop a policy to govern the installation, removal and replacement of street trees, increase the number of trees, preserve and enhance existing trees, identify appropriate and desirable trees, develop educational programs, pursue funding sources including pUblic/private partnerships, establish long term aesthetic value, and a balance between public, private, and business interests. The Director noted that tree maintenance will 1-27-97 continue to be under the public Works Department, tree trimming by contract, property owners adjacent to street trees will be encouraged to assist with watering, there is an attempt to establish a priority for the planting of new trees in areas that are presently vacant, and to that, the public will be invited to upgrade the size of tree if they so desire. He said several of the policies govern the removal of trees, however before that is 1- done all alternatives are applied whether it be root pruning, spraying, or whatever, polices are proposed for replacement of trees, again the resident has the ability to enhance the planting at their cost, the intent is to replace any tree that is taken out unless there is a specific reason not to do so such as safety, a horticultural issue, spacing, also to require new development to install street trees. He pointed out that attempts will be made to rectify the unauthorized planting of trees, meet with those who do, point out the dangers of doing so, and encourage the planting of City authorized trees. Funding will be pursued through pUblic/private partnerships, some small grants have been realized, larger grants are being looked at, if successful there could be a potential to plant medians on Seal Beach Boulevard and Westminster Avenue, and finally, public education is an important factor, possibly a video can be done by the State Forestry representative to show the proper care of trees, etc. He showed an "example of the list of preferred trees for specific areas, and a draft of a pamphlet that will be available for public information Showing the tree listings, photographs, plant descriptions, etc. Mr. Ron Bennett, Seal Beach resident and member of the tree committee, noted the efforts of this diverse group during the past year that was focused on more and improved street trees for the community, experts were consulted, they provided advice and informational materials, all at no cost to the City, which aided I in the preparation of a list of trees, plants and procedures for the varied locations of Seal Beach. He said although this effort has been successful thus far it will entail some cost, to date approximate $8,500 in grants have been realized, and an additional $234,684 has been applied for which is to be distributed in the spring. He noted that committee member Brian Kyle has researched grants received by the City of Avalon during the past fiscal year of more than $7 million for capital improvements, waterfront restoration and improvements, monies from rail bonds, bikeway improvements through L. A. County transportation funds, etc., all of which have been creative grant ideas, to which Mr. Bennett pointed out that Seal Beach has beaches, a river, Coast Highway, freeways, and a railroad if the Naval Base could be counted, there is need to pursue grants for those as well as seek citizen assistance to pursue private monies. He read excerpts from the draft copy of a soon to be publiShed tree book, relating specifically to street trees. Mr. Bennett expressed appreciation to the members of the Advisory Committee for their efforts towards this common cause, as well as members of the city staff, said he felt this goal can be accomplished by being creative, without being a burden on the City, and requested that the Street Tree Policy and Guidelines be adopted. Dr. David Rosenman, Seal Beach, acknowledged committee members Jane McCloud, Jim Caviola, James Stillwell, I Councilmember Hastings and Mayor Forsythe, and Linda Romero the California Department of Forestry representative. On behalf of the Committee, Dr. Rosenman asked that the council schedule a presentation by Ms. Romero of 'Tree city U.S.A.' at some agreeable time in the future. He mentioned also that the Policy provides for the purchase of trees or blocks of trees in memoriam. Ms. wendy Morris aCknowledged the receipt of some grant monies, called for the assistance of volunteers interested in the tree program and encouraged citizens in need of a tree for their parkway to contact City staff. Mr. Mario Voce said his emphasis henceforth would be public education, and offered I I I 1-27-97 that various written materials are available for public information upon request. He confirmed that the soon to be available local publication is not just specific to Main street, it will identify species of trees that will do well in the various areas and climates of Seal Beach, while taking into consideration available planting space, etc. It was pointed out that this booklet relates specifically to parkway trees however there is information available with regard to landscape trees as well. Councilman Fulton reported that Leisure World has had a tree program for twenty-five years, when a tree is taken out it is immediately replaced. Mayor Forsythe noted that an initial concern of the Committee was that trees seemed to be disappearing, and pointed out that lush landscaping is a definite financial asset to a community. Brown moved, second by Fulton, to support the recommendation of the Tree Advisory Board and adopt the City Street Tree Policy and Administrative Guidelines. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried PUBLIC HEARING I ORDINANCE NUMBER 1412 - TORCH OPERATING COMPANY - PIPELINE FRANCHISE Mayor Forsythe declared the public hearing open to consider the granting of a pipeline franchise to Torch Operating Company. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received relating to this item. The City Manager reported that this franchise was previously held by UNOCAL, pursuant to the terms of the UNOCAL agreement the franchise was relinquished and transferred to Torch Operating Company however they failed to notify the city of doing so, therefore the granting of a new franchise becomes necessary. He noted that a representative of Torch reported that they have quadrupled the production from Esther Island, which the Manager cited as a possible revenue enhancement to the city. There being no comments from the audience, Mayor Forsythe declared the public hearing closed. ORDINANCE NUMBER 1412 - GRANTING PIPELINE FRANCHISE - TORCH OPERATING COMPANY Ordinance Number 1412 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, GRANTING TO TORCH OPERATING COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT FROM TIME TO TIME AND, FOR A PERIOD OF THIRTY (30) YEARS FROM AND AFTER THE EFFECTIVE DATE HEREOF, TO MAINTAIN, OPERATE, REPAIR, RENEW, CHANGE THE SIZE AND NUMBER OF AND REMOVE OR ABANDON IN PLACE, PIPES, PIPE LINES, CONDUITS, WIRES, CABLES AND OTHER APPURTENANCES, TOGETHER WITH ALL MANHOLES, SERVICE CONNECTIONS AND APPURTENANCES USED IN CONNECTION THEREWITH, FOR THE TRANSPORTATION OF OIL, PETROLEUM, LIQUID HYDROCARBON SUBSTANCES, GAS, NATURAL GASOLINE, WATER, WASTE WATER, MUD, STEAM, AND OTHER SUBSTANCES, AND FOR THE TRANSMITTAL OF ELECTRICAL POWER AND COMMUNICATION SIGNALS TO OR FROM TORCH OPERATING COMPANY'S STATE LEASE (P.R.C. 3095.1), IN, UNDER, ALONG OR ACROSS CERTAIN PUBLIC STREETS AND PUBLIC PLACES IN THE CITY OF SEAL BEACH, STATE OF CALIFORNIA, FOR THE PURPOSE OF SERVING TORCH OPERATING COMPANY'S OPERATIONS ON STATE LEASE (P.R.C. 3095.1)." By unanimous consent, full reading of Ordinance Number 1412 was waived. with respect to the franchise term, the City Attorney advised that although the ordinance reflects a term of thirty years the City Charter provides for a term of up to twenty-five years, therefore the ordinance should be amended accordingly. Councilmember Campbell expressed her preference for a lesser term, possibly ten years. To questions posed by Council, the 1-27-97 Manager confirmed that the city does have remedies available should the operator fall into noncompliance for nonpayment of fees, failure to obtain permits, or whatever, the thirty year franchise term is of little benefit to the city as the revenue is tied to the actual production, the franchisee in turn looks for a term commensurate with the expected life of the product which, at this time is anticipated between ten to fifteen years. 1- He advised that in conversation with the operator this date it was indicated that a period of fifteen years would be acceptable, ten would be the minimum. In response to a question of Council, he explained that the revenue derived by the city is regulated by the state, a percentage of the state royalties. At the conclusion of brief comments as to a preferred franchise term, Campbell moved, second by Brown, to adopt Ordinance Number 1412 as amended to reflect a franchise term of fifteen years. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried CITY MANAGER REPORTS The Manager reported that the project for improvements to Main street, the pier and city Hall restrooms, parking areas, and trees for Main Street commenced this past week with the consultant interviewing approximately forty interested persons, residents, merchants, property owners, etc., to which the consultant indicated that process provided a better sense of the community and essence of Old Town Seal Beach, which will be helpful in their preparation of conceptual drawings of options to preserve, enhance, and improve the existing atmosphere. He stated that some problems have been experienced with the delay I of beach sand deliveries and the quality as a result of the rains, the project to take possibly seven to eight more days, also while working around the 'Sunset Beach' filming in the same area. The Manager reported the fund raising effort on behalf of the Mary Wilson Library has reached more than $27,000. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Gordon Shanks, Surf Place, complained of there not being enough humor in the city Council meetings, noted the resumption of cartoons in the local press by Mr. Forsythe and suggested an episode of the Mayor depicted as Margaret Thatcher, the Gabrieleno Indians can be Argentina, the Mayor protecting the Falklands, which is Seal Beach. Mr. Shanks recalled a recent news story relating to a trash can episode in Seal Beach, which he likened to Goldilocks and the Three Bears, one can was too big, one was too small, the City Manager to resolve the problem, to which Mr. Shanks suggested a separate city, Starkland, with a trash can policy for them alone. There being no further comments, Mayor Forsythe declared Oral Communications closed. COUNCIL CONCERNS Councilman Fulton reported the West orange County Water Board, at their last meeting, voted to contract with the City of I Huntington Beach to perform administrative, secretarial, and engineering services for the Water Board, the Huntington Beach proposal was the lowest, and they currently provide maintenance and other such services. He said at the Santa Ana River Flood Protection Agency meeting he learned that the Seven Oaks Dam is anticipated to be completed by 1999 and that the Prado Dam is being redesigned to accommodate a one hundred ninety rather than a one hundred year flood. Councilman Brown directed his comments to the attention of Comcast Cable with regard to the Superbowl which aired at 3:15 p.m. on Sunday, just prior to that, at about 3:00 p.m., Comcast Cable went out throughout I I I 1-27-97 / 1-30-97 Leisure World, the service number was unreachable, and the game did not come on until the score was ten to seven. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Thursday, January 30th at 8:30 a.m. for a cable franchise workshop. It was the consensus of the Council to adjourn the meeting at 8:51 p.m. of the Approved: _ ~~ ~2J ~+-/". Ma r Attest: [;)-,~ ~ C Y Clerk Seal Beach, California January 30, 1997 The City Council of the City of Seal Beach met in regular adjourned session at 8:32 a.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Fulton, Hastings Absent: Councilmember Campbell Brown moved, second by Fulton, to excuse the absence of Councilmember Campbell. AYES: NOES: ABSENT: Brown, Forsythe, Fulton, Hastings None Campbell Motion carried Councilmember Campbell arrived at 8:38 a.m. Also present: Mr. Till, city Manager Mr. Dorsey, Assistant to the City Manager Mrs. Yeo, city Clerk APPROVAL OF AGENDA Brown moved, second by FUlton, to approve the order of the agenda as presented. AYES: NOES: ABSENT: Brown, Forsythe, FUlton, Hastings None campbell Motion carried ORAL COMMUNICATIONS There were no Oral Communications.