HomeMy WebLinkAboutCC Min 1988-01-18
1-18-88
Seal Beach, California
January 18, 1988
The City Council of the City of Seal Beach met in regular
session at 7:03 p.m. with Mayor Wilson calling the meeting
to order. Mr. Mike Martin, Southern California Edison
Company, led the Salute to the Flag.
ROLL CALL
Present:
Mayor Wilson
Councilmembers Clift, Grgas, Hunt, Risner
Absent:
None
I
Also present: Mr. Nelson, City Manager
Mr. Stepanicich, City Attorney
Mr. Joseph, Assistant City Manager
Mr. Jue, Assistant City Engineer
Mrs. Yeo, City Clerk
WAIVER OF FULL READING
Clift moved, second by Hunt, 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:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
Mayor Wilson reported that the City Manager had requested
that the agenda be amended to consider an emergency
Resolution relating to the storm.
RESOLUTION NUMBER 3752 - CONFIRMING LOCAL EMERGENCY I
The City Manager reported that the City's emergency
operations center was activated this date as a precautionary
measure in response to high tides and the potential for
damage from heavy wave action, and that he had proclaimed
the existence of a local emergency which is subject to
ratification by the City Council within seven days.
Clift moved, second by Risner, to amend the agenda to
consider Resolution Number 3752, stating that the reason for
this action relates to emergency conditions, the need
arising since the agenda was posted.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
Resolution Number 3752 was presented to Council and read in
full by the City Manager entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CONFIRMING
EXISTENCE OF A LOCAL EMERGENCY." The City Manager reported
that there was loss of one piling at the end of the pier,
damage to another, and eight to ten cross members broken and
in need replacement. He advised that the estimated cost of
damages to public property, the pier, parking lots, etc., is
most likely $25,000 or less, and as of this afternoon there I'
were some reports of minor damages to private property. He
stated the forecast is that the wind and high tide will
continue for another day, thus the pier will be closed to
the public until approximately noon, that persons are being
advised to stay out of the water, the beach closed due to
the operation of heavy equipment, and that City crews and
equipment are available on a standby basis in case of
further emergency. He advised that once the storm has
subsided the City Engineer will meet with a structural
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engineer to determine the full extent of damage to the pier
and if immediate repairs are necessary. Discussion
continued.
Risner moved, second by Clift, to adopt Resolution Number
3752 as presented.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
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RESOLUTION NUMBER 3751 - IMPROVEMENT OF BOLSA AVENUE -
ARTERIAL HIGHWAY FINANCING PROGRAM
Resolution Number 3751 was presented to Council entitle "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE
ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF BOLSA
AVENUE." By unanimous consent, full reading of Resolution
Number 3751 was waived. The Assistant City Engineer
explained that Bolsa Avenue is classified as a secondary
roadway therefore qualifies for AHFP funds, and that the
City's fifty percent match will be included in the 1988/89
proposed budget. Risner moved, second by Hunt, to adopt
Resolution Number 3751 as presented.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
I
ORDINANCE NUMBER 1268 - CABLEVISION FRANCHISE AGREEMENT
AMENDMENT
Ordinance Number 1268 was presented to Council for first
reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH
APPROVING AMENDMENT NUMBER FIVE TO THE FRANCHISE AGREEMENT
BETWEEN THE CITY OF SEAL BEACH AND COMCAST CABLEVISION." By
unanimous consent, full reading of Ordinance Number 1268 was
waived. The Assistant City Manager reviewed the request
from Mr. Tom Kezar, General Manager of Comcast Cablevision,
regarding proposed changes to the existing cable franchise
agreement with the City. Mr. Joseph stated that the staff
would recommend continuation of the present local
origination programming practices for a period of three
years, that there are no concerns with allowing performance
testing to comply with FCC requirements, that maintenance of
existing requirements for documentation of gross receipts,
with the elimination of the financial statement from the
regional controller, is sufficent and is current practice,
however noted that the City Attorney has recommended that
the $75,000 Letter of Credit be retained as it is for the
purpose of security throughout the term of the franchise.
He also noted for the record that all reference to Comcast
Cablevision should be changed to read Comcast Cablevision of
Seal Beach, Inc. Discussion followed regarding the FCC
testing regulations, and Mr. Pete Arnold, 1615 Seal Way,
Chairman of the Cable Foundation, stated he could foresee no
problem in using FCC requirements for performance testing,
those standards sophisticated and more than adequate for
Seal Beach, noting that the ultimate measure of performance
lies with the user. With regard to the financial statement,
the City Attorney stated he felt that the language proposed
continues to insure that the City will receive an accurate,
certified financial report.
Grgas moved, second by Clift, to approve the introduction of
Ordinance Number 1268 and that it be passed to second
reading.
I
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
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CONSENT CALENDAR - ITEMS "C" THROUGH "H"
Councilman Hunt requested Item "G" removed from the Consent
Calendar. Grgas moved, second by Risner, to approve the
recommended action for Items on the Consent Calendar, except
Item "G", as presented. Councilmember Risner requested that
the Council be provided a list of the sidewalk repair
locations.
C. Approved the minutes of the regular City
Council meeting of November 16, 1987.
D. Approved regular demands numbered 68509
through 68617 in the amount of $257,487.21,
and payroll demands numbered 28550 through
28989 in the amount of $179,513.55 as
approved by the Finance Committee, and
authorized warrants to be drawn on the
Treasury for same.
I
E. Approved the specifications for Sidewalk
Reconstruction, Project Number 592, and
authorized the City Manager to advertise
for bids.
F. Denied the claim for indemnification of
Modern Alloys, Inc. and referred same to
the City's insurance adjuster.
H. Awarded the janitorial service agreement
to California Janitorial Services, the
sole bidder, in the amount of $47,692.80,
and authorized the City Manager to execute
the agreement on behalf of the City.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
I
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "G" - AB 2624 - BROWN ACT REVISIONS
Councilman Hunt stated he disagreed with the recommendation
and the position of League of Cities in opposition to AB
2624, a bill that would require cities to record all Council
closed sessions and release same after ,one year unless by
four-fifths vote the recordings are approved to be kept
confidential. Grgas moved, second by Risner, to authorize
the City Manager to contact members of the Governmental
Organizations Committee and express opposition to the
passage of AB 2624.
AYES:
NOES:
Clift, Grgas, Risner, Wilson
Hunt Motion carried
Councilman Hunt reiterated his personal conviction of making
information available to the public, even though he
understood there could be ramifications and additional costs
involved under this bill. The City Attorney advised the
proposed bill would pose some difficulty with respect to
matters of litigation and discussions relating to how to
proceed or what action to pursue, noting that the 1
confidentiality would need to be confirmed by a four-fifths
vote of the Council on an annual basis, and without such
affirmative vote the information would become fully
discoverable to any party to a litigation at that time. The
City Manager noted that this legislation should be looked at
from a standpoint of long term'effect, also taking into
consideration the requirement for retention and storage of
such confidential recordings, indexing of same, all of which
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could lead to substantial cost and workload. The Assistant
City Manager added that the bill could also have an adverse
impact on personnel negotiations.
INITIATIVE MEASURE "A"
The City Manager advised that the staff is working on the
report regarding the administrative impact of Measure "A",
which will be submitted to the Council at the earliest date
possible and made available to the public.
APPOINTMENT - PROJECT AREA COMMITTEE
Councilman Grgas requested that the District One appointment
to the Project Area Committee be held over.
CITY COUNCIL ITEMS
Councilman Hunt extended appreciation to the City Manager,
Councilman Grgas, and the entire City staff for their
efforts in dealing with the problems resulting from the high
tides. Councilman Hunt also recalled his comments with
regard to Council consideration of a donation to the Friends
of the Library towards construction a new building at the
Leisure World library, and requested that that matter be
placed on the next agenda. Members of the Council concurred
with Mr. Hunt with regard to the efforts of the City
employees during the storm and flooding and requested that
resolutions of appreciation be prepared recognizing those
efforts. The City Manager reported that the town hall
meeting that is to be focused on zoning has been rescheduled
for Tuesday, February 9th at 7:00 p.m., and that Comcast
Cable will be making a video of that presentation. Mr.
Nelson also advised he would be attending the State City
Manager's Conference in San Diego starting February 10th.
I
ORAL COMMUNICATIONS
Mayor Wilson declared Oral Communications open. Mr. LeRoy
Brown, 705 Ocean Avenue, submitted a petition of sixty-five
signatures, twenty-seven of which were Main Street business
persons, requesting that a permit not be issued to the
United Way to hold their Sand Castle Event in 1988 until
they submit a traffic control plan that would insure the
safety of visitors and citizens of Seal'Beach. He noted
that although the City Manager, rather than the Council,
issues such permits, he requested that the concerns of
citizens and the business community be taken into
consideration. The City Manager pointed out that approval
or disapproval of the permit, with conditions, is an
administrative process, and that any interested person could
appeal the staff decision to the Council. He advised that
the staff would be meeting the following day to review the
concerns expressed at the town hall meeting regarding the
Sand Castle event, and reported that to date United Way has
not provided a resolution of the problems that have been
expressed, most particularly traffic control and parking.
Mr. Brown stated it was his understanding that most of the
persons from the business community that signed the petition
preferred the competitive sand castle event as opposed to
the expanded event held in 1987. There being no further
communicatins, Mayor Wilson declared the public hearing
closed.
I
ADJOURNMENT
Grgas moved, second by Hunt, to adjourn the meeting at 8:02
p.m.
AYES:
NOES:
Clift, Grgas, Hunt, Risner,
None
. carried
1-18-88 / 2-1-88
Approved:
~t.'~A ~..J
Mayor
Attest:
Seal Beach, California
February 1, 1988
The City Council of the City of Seal Beach met in regular
session at 7:00 p.m. with Mayor Wilson calling the meeting
to order with the Salute to the Flag.
I
ROLL CALL
Present:
Mayor Wilson
Councilmembers Clift, Hunt, Risner
Absent:
Councilman Grgas
Also present: Mr. Nelson, City Manager
Mr. Rudell, Assistant City Attorney
Mr. Joseph, Assistant City Manager
Chief Stearns, Police Department
Mr. Knight, Director of Development Services
Mrs. Yeo, City Clerk
Mayor Wilson announced the untimely death of Mr. Dudley
Hemphill, Director of Public Works/City Engineer, and those
present observed a moment of silence in his memory. The
City Manager advised that City Hall would be closed from
10:00 a.m. until 1:00 p.m. the following day to allow I
employees and friends to attend a memorial service for Mr. -
Hemphill.
AGENDA AMENDED
Risner moved, second by Hunt, to amend the agenda to
consider Items "G" and "V" as first items of business.
AYES:
NOES:
ABSENT:
Clift, Hunt, Risner, Wilson
None
Grgas
Motion carried
WAIVER OF FULL READING
Clift moved, second by Wilson, to waive the reading in full
of all ordinances and resolutions and that consent to the
waiver of reading shall be deemed to be given by all
Councilmembers after reading of the title unless specific
request is made at that time for the reading of such
ordinance or resolution.
AYES:
NOES:
ABSENT:
Clift, Hunt, Risner, Wilson
None
Grgas
Motion carried
ITEM "G" - RESOLUTION NUMBER 3755 - STORM ASSISTANCE - I
HUNTINGTON BEACH JEEP-EAGLE
Resolution Number 3755 was presented to Council entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, EXPRESSING APPRECIATION TO HUNTINGTON BEACH
JEEP-EAGLE DEALER FOR THEIR ASSISTANCE DURING THE JANUARY
1988 STORMS." By unanimous consent, full reading of
Resolution Number 3755 was waived. Clift moved, second by
Hunt, to adopt Resolution Number 3755 as presented.