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HomeMy WebLinkAboutCC Min 1985-08-26 8-26-85 Seal Beach, California August 26, 1985 The City Council of the City of Seal Beach met in regular session at 7:05 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 I Absent: None Also present: Mr. Parker, City Manager Mr. Broiles, Assistant City Attorney Mr. Joseph, Assistant City Manager Chief picascia, police Department Mr. Hemphill, Director of Public Works/ City Engineer Mr. Malkemus, Administrative Aide Mrs. Yeo, City Clerk 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: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I PROCLAMATIONS Mayor Risner proclaimed Tuesday, September 3, 1985 as "Kiwanis Kids Day" and presented the proclamation to Mr. Gaulick who was present representing the Kiwanis Club. Mayor Risner proclaimed the month of September, 1985 as "Seat Belts Work Month." Mr. Frank Brown, District Manager for the Automobile Club, was present to receive the proclamation. RESOLUTION NUMBER 3505 - SUPPORTING ASSEMBLY CONSTITUTIONAL AMENDMENT 32 - PUBLIC EMPLOYEE STRIKES Resolution Number 3505 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING ASSEMBLY CONSTITUTIONAL AMENDMENT 32 DECLARING PUBLIC EMPLOYEE STRIKES TO BE ILLEGAL." By unanimous consent, full reading of Resolution Number 3505 was waived. Brownell moved, second by Clift, to adopt Resolution Number 3505 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3506 - SKATEBOARDS and WHEELED DEVICES Resolution Number 3506 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DESIGNATING PUBLIC WAYS ON WHICH IT IS UNSAFE TO OPERATE SKATEBOARDS AND WHEELED DEVICES." The Director of Public Works presented the staff report, explaining that the proposed Resolution designates Main Street sidewalks between pacific Coast Highway and Ocean Avenue, Ocean Avenue sidewalks 8-26-85 between 8th and 10th streets, the Seal Way boardwalk between loth street and Electric Avenue, and the Municipal pier as unsafe to ride or operate skateboards or other wheeled devices. By unanimous consent, full reading of Resolution Number 3506 was waived. Clift moved, second by Wilson, to adopt Resolution Number 3506 as presented. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried The Director of Public Works confirmed that posted or stenciled signs will be placed on Seal Way noticing such prohibition. I RESOLUTION NUMBER 3507 - COASTAL BARRIER RESOURCES SYSTEM (ACT) - OPPOSING INCLUSION OF ANAHEIM BAY Resolution Number 3507 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH OPPOSING THE INCLUSION OF ANAHEIM BAY, OFFICIALLY DESIGNATED AS AREA CA-46, WITHIN THE COASTAL BARRIER RESOURCES SYSTEM AS ESTABLISHED BY THE COASTAL BARRIER RESOURCES ACT, PUBLIC LAW 97-348." The Director of Public Works presented the staff report, reviewed the background of the Coastal Barrier Resources Act, noting the proposed inclusion of Anaheim Bay, Seal Beach, into the System. He stated that the proposed resolution opposes the inclusion of Anaheim Bay for the following reasons: 1) the existing 1976 California Coastal Act already provides state-wide resource protection policy guidance for coastal land use decisions and continues to place a high priority on public safety and ecological sensitivity; and 2) federal funds are used in this location for channel dredging and adjacent Sunset Beach, beach sand replenishment, and removal of federal funding from these operations would impede the maintenance of the navigable channel into the U.S. Naval weapons Station, Sunset Aquatic Park and Huntington Harbour, and the replenishment of beach sand immediately downcoast of the Anaheim Bay entrance channel. By unanimous consent, full reading of Resolution Number 3507 was waived. After discussion, Risner .moved, second by Grgas, to adopt Resolution Number 3507, amending the second "Whereas" by adding the words "...and other coastal areas of Orange County, and adding a third "Whereas" to read "property owners in Coastal flood plains need federal flood insurance protection." AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3508 - TAX PROPOSALS RELATING TO MUNICIPAL FINANCE R~solution Number 3508 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, OPPOSING PRESIDENT RONALD REAGAN'S MAY 29, 1985 TAX PROPOSALS RELATING TO MUNICIPAL FINANCE." The City Manager presented thJ staff's report relating to the effect on municipal financing of federal tax proposals under consideration, specifically the direct affect on the City of Seal Beach. After discussion, the Council amended the proposed Resolution, deleting reference to "president Reagan's May 29, 1985 Tax proposals" and inserted the words ".. .certain federal tax proposals...", amended the third Whereas to read.. ."all arbitrage earnings, where such earnings further reduce local taxpayers costs", and deleted the word "social" from the Resolved paragraph to read "...available to cities and counties for accomplishing goals...". By unanimous consent, full reading of Resolution 8-26-85 Number 3508 was waived. wilson moved, second by Brownell, to adopt Resolution Number 3508 as amended. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3509 - FEDERAL BUDGET COMPROMISE Resolutlon Number 3509 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH URGING THE STATE OF CALIFORNIA CONGRESSIONAL DELEGATION I TO OPPOSE CONGRESS' FEDERAL BUDGET COMPROMISE." The City Manager presented the staff's report, outlining the impact on city budgets should the Federal budget compromise be approved, and explained the affect on Seal Beach with the termination of General Revenue Sharing, reduction of Community Development Block Grant Funds, mandatory Medicare coverage of all state and local employees, and mandatory Social Security coverage for all newly hired state and local employees. By unanimous consent, full reading of Resolution Number 3509 was waived. Grgas moved, second by Clift, to adopt Resolution Number 3509 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3510 - CALIFORNIA ENVIRONMENTAL QUALITY ACT - PROCEDURES and GUIDELINES Brownell moved, second by wilson, to hold over proposed Resolution Number 3510 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REPEALING RESOLUTION NUMBER 3358 AND ADOPTING PROCEDURES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND THE GUIDELINES OF THE SECRETARY FOR THE RESOURCES AGENCY, AS AMENDED." AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I CONSENT CALENDAR - ITEMS "I" THROUGH "0" Councilman Brownell requested Item "0" removed from the Consent Calendar, and Councilman Grgas requested Item "L" removed. Clift moved, second by Wilson, to approve the recommended action for items on the Consent Calendar, except Items "L" and "0", as presented. I. Approved the minutes of the regular city Council meeting of August 12, 1985. J. Approved regular demands numbered 57448 through 57631 in the amount of $432,374.17, and payroll demands numbered 14439 through 14645 in the amount of $150,137.21, as approved by the Finance Committee and authorized warrants be drawn on the Treasury for same. K. Denied the claim of Margery Cocca Sterling and referred same to the City's insurance adjuster. M. Informal proposals were received by the Engineering Department to provide engineering services to I prepare plans and specifications for modifications to the Bolsa Chica Water Well as follows: ASL Consulting Engineers, Santa Ana Kenneth I. Mullen, Inc., Arcadia woodside/Kubota & Assoc., Santa Ana James M. Montgomery, Inc., Irvine $14,000 14,500 20,000 25,500 8-26-85 Awarded the contract for engineering services to the low bidder, ASL Consulting Engineers in the amount of $14,000, and authorized the City Manager to execute the contract on behalf of the City. I N. Authorized the purchase of one 1983 Chevrolet from Avis Car Leasing and Sales, Huntington Beach, at a cost of $7969.70, and one 1983 Buick from Lew Webb's Buick Mart, Cerritos, at a cost of $9427.68 plus $750 for emergency lighting and equipment, replacement vehicles for the Police Department, and waived the formal bid process. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "L" - BEACH TRASH BARRELS The City Manager reported that Copper tone recently notified the City that they did not wish to continue participation in the trash barrel program, and that Nostrum, Inc., who previously acted as advertising liaison between the City and Coppertone, feels they can obtain another sponsor for the barrel program in the City. Mr. Parker reported Nostrum has requested letters of intent from cities prior to seeking a new supplier, that approval of the sponsor remains with the City. with regard to Council's concern with the provision of the letter of intent granting a three year exclusive advertising right, the City Manager recommended the Council initially grant a ninety day exclusive right to obtain a sponsor, subject to City approval. Grgas moved, second by Brownell, to approve the recommendation as stated by the City Manager. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ITEM "0" - CROSSING GUARD - SEAL BEACH BOULEVARD/BOLSA AVENUE Councilman Brownell noted that the Naval weapons Station and residents of the new Naval housing area had been contacted seeking personnel or funds for the subject crossing guard, expressed his concern that local taxpayers would be funding such a service since the new housing area is exempt from property taxes, and moved to hold this item over pending further discussion with the proper Naval authorities to obtain the necessary personnel or funding. Councilman Clift offered to discuss this matter further with Naval personnel. Chief picascia explained that after several contacts, it is understood that there are no provisions of Naval regulations to provide funds for such services. Mayor Risner noted the safety of children crossing at this location with school opening in a few weeks. Discussion continued. There was no second to Councilman Brownell's motion. Wilson moved, second by Clift, to approve hiring a crossing guard at the subject location on a temporary basis, pending receipt of information from Councilman Clift regarding the potential for Navy funding of the position. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried It was the order of the Chair, with consent of the Council, to recess at 7:45 p.m. The Countil reconvened at 8:00 p.m. with Mayor Risner calling the meeting to order. 8-26-85 REPORT - CABLE TELEVISION FRANCHISE The Assistant City Manager reported that earlier this year Group W requested consideration of changes in the manner in which the Franchise Agreement is administered, specifically a request of Group W Cable for: 1) retention of the $75,000 annual grant for local programming; 2) combining of public access, governmental and local origination channels; and 3) modification of the annual audit report. Mr. Joseph reported that Group Wand the Cable Communication Foundation have met in an effort to develop a joint proposal regarding the $75,000 annual grant, a proposal that was unanimously adopted by the Foundation on August 19th. Mr. Joseph explained the specifics of the proposal as follows: 1) the $75,000 annual grant will continue to the City for years 1985, 1986 and 1987; 2) upon receipt of the $75,000 the City will grant the entire amount to the Cable Foundation with the understanding that the funds would be used as follows: a) the Foundation make a $25,000 annual contribution to Group W towards the yearly cost of twenty-five local productions for the three year period; b) the Foundation assign another $25,000 annually to Group W to be used for operation and maintenance of the local studio for local programming and public access, and provision of clerical, facility and administrative support for the Foundation through 1987; 3) a commitment for Group W to provide programming service for the period 1985 through 1987 to: a) cover and cablecast local events of interest and value; b) maintain and operate facilities to provide production services for access and commercial producers; c) provide public access training; d) maintain and operate facilities to cablecast public access programs and non-commercial government information programs; e) supply equipment to meet these obligations; f) provide expert assistance to the City and recommend appropriate vendors should the City desire to purchase equipment for its own use; and 4) devote at lease three channels (6, 10 and 21) to local programming for the years 1985, 1986 and 1987. Additionally, Mr. Joseph noted that Group W has requested to provide the City with either a revenue statement or a revenue audit/report to verify gross annual receipts. Discussion followed. The Assistant City Manager explained that after the three year period of this proposal, ending 1987, terms and conditions would revert back to the existing franchise agreement, and that the proposal in no way changes Group W's obligations as to the $75,000. The City Manager clarified that the proposal covers a three year period only, constituting an agreement with the Cable Foundation as to how the $75,000 will be spent during that period, that Item 3, "A" through "F", is proposed to substitute Form "K" as presently exists in the Franchise Agreement, and suggested that fourth year funding could be addressed if the Council wished. Councilman Grgas requested that Item 3-E be amended to read "...equipment and staff..." After discussion, Risner moved to designate Channel 6 for local programming, Channel 10 for community access, Channel 2l for Leisure World use, and that the community bulletin be incorporated on those Channels as time is available. Councilman Grgas seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Mr. Francis Looney, Secretary of the Leisure World portapak Club, read a prepared statement, posed several questions and noted clarification of several points relating to the proposal as set forth in the staff memorandum dated August 22, 1985. Mr. Charles Antos, 316 - 10th street, suggested I I I 8-26-85 I that local origination channels not needed at the present time be rented or leased back to Group W, also that a camera be placed in council Chambers for the broadcasting of City Council, Planning Commission, Civil service Board and Environmental Quality Control Board meetings, that the unbudgeted $25,000 be used to purchase equipment and film to accomplish same. Mr. Munson, Manager, Group W, confirmed that Group W has no plans for use of the three unused local origination channels during the next three years. Mr. Grgas suggested that if the channels are ever used to generate revenue to Group W, a portion of that revenue should revert to the City. Clift moved, second by Grgas, to approve Items 1, 2, and 4 of the cable television proposal. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Clift moved, second by Grgas, to amend proposal Item 3-E to read ".. .equipment and staff..." AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Brownell moved, second by wilson, that proposal Item 3, A-F, be referred back to the staff for further discussion with Group W to provide more specific language of that Item, to be reviewed by the Cable Foundation and the City Attorney. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I Discussion continued regarding Group W's request regarding the annual audit. Brownell moved, second by Clift, to approve submittal of a revenue statement or a revenue audit/report in lieu of a full annual audit, and that Group W request that a copy of their annual audit, prepared by an outside auditing firm, be provided to the City. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried SURFS IDE COLONY - REVETMENT LOAN REPAYMENT The Clty Manager reported that the City has been informed by Surfs ide that Lot A-87, collateral for the revetment loan, is being sold, and that Surfside is agreeable to remitting the $45,000 required down payment to the City as partial payment against the principal owed of $125,000. Mr. Parker recommmended that the Council release Lot A- 87as collateral for the loan, substitute Lot A-89 in its place and direct the City Attorney to prepare the appropriate documentation to effectuate this change, provided that $45,000 is paid to the City upon the close of escrow. Clift moved, second by Grgas, to approve the recommended action as stated by the City Manager. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried It was the order of the Chair, with consent of the Council, to recess at 8:55 p.m. The Council reconvened at 9:05 p.m. with Mayor Risner calling the meeting to order. REPORT - OUTER CONTINENTAL SHELF OIL LEASES Mr. Malkemus, Admlnistratlve Alde, reported that U. S. Department of Interior Secretary Hodel and members of the 8-26-85 California Congressional delegation announced in July of this year, a preliminary agreement with respect to Federal Outer Continental Shelf oil leasing offshore California. Mr. Malkemus explained that 150 of of 6,460 tracts contained within the present moratorium would be released in accordance with existing environmental safeguards, ten of those tracts located in waters adjacent to Seal Beach, six offshore of Huntington and Newport beaches, and four tracts three I miles off of Long Beach within the vessel traffic lanes, noting that the remaining 6,310 tracts not released under this agreement would not be available for leasing until the year 2000 unless a specific national energy emergency condition occurs. Mr. Malkemus reviewed and summarized position taken by the Orange County Coalition, a plan proposed by Senator packard, position of the oil industry, and Marin County. Mr. Malkemus reported a series of public hearings would be held on August 30th and 31st by Secretary Hodel relative to the proposed tract leasing. The City Manager noted that the City had been contacted by the Department of Interior inquiring if Seal Beach had a policy statement regarding this issue. Councilman Grgas urged that the Council take a strong position opposing consideration of leasing offshore Long Beach or Orange County tracts until the year 2000 when the moratorium is lifted, acknowledging however, that offshore oil drilling will increase in the future. Councilman Clift expressed his concern with the lease of tracts in the shipping lanes. Members of the Council expressed their views and concerns regarding this issue, and made various suggestions to formulate a Council policy statement to be presented to Secretary Hodel. Councilman Clift asked that anyone representing the City at the hearings as the question "Why were tracts included that were not the geologically promising tracts that the I oil companies themselves advocated, why should they be substituted if they are going to be a built-in dry well." After considerable discussion, Risner moved, second by Wilson, to approve a Council policy statement to read substantially as follows: "That environmental safe recovery of natural resources be encouraged, also that since all of the nation reaps the benefits of increased oil production the coastal areas should share in the discomfort (or burden), that reconsideration be given to the location of drilling tracts according to their geological potential for success and the desire of California coastal communities who wish to profit from offshore drilling, and encourge reevaluation of the total tract allocation. Councilman Grgas stated he would support the motion, however reported he would be making a statement as an individual at the hearings. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried VOTING DELEGATES - LEAGUE OF CALIFORNIA CITIES CONFERENCE Brownell moved, second by Clift, to appoint Mayor Risner as the City'S voting delegate at the League of California Cities Conference, October 6 through 9, and Mayor proTem Clift as the alternate voting delegate. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I APPOINTMENT - ORANGE COUNTY HEALTH PLANNING COUNCIL Mayor Risner nominated Councilmember Edna Wilson as the city's representative to the Orange County Health Planning Council and Ms. Jeannie Brueggemann as the alternate representative. Grgas moved, second by Brownell, to confirm the appointments as stated. 8-26-85 AYES: NOES: Brownell, Clift, Grgas, Risner, wilson None Motion carried APPOINTMENTS - BOARDS and COMMISSIONS I Civil Service Board Councllman Grgas requested the District One appointment to the Civil Service Board be held over. Environmental Quality Control Board Councilman Grgas moved to appoint Mr. Raymond G. Fortner to the Envi~onmental Quality Control Board representing District One for the full term expiring July 1989. Mayor Risner seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Board of Appeals Councilman Grgas requested the District One appointment be held over. VACANCY - SEAL BEACH ADMINISTRATION BUILDING AUTHORITY Mayor Risner announced the resignation of the District Three appointment to the Seal Beach Administration Building Authority for the unexpired term ending July 1988. The City Clerk stated the vacancy would be noticed, and the appointment placed on the next Council agenda. I CITY COUNCIL ITEMS Councilmember Wilson requested that a communication be forwarded to Mr. Howard McCurdy offering condolences on the recent death of his wife. I ORAL COMMUNICATIONS Mayor Risner declared oral communications open. Mr. Charles Antos, 316 - lOth Street, announced his attendance at a cable communications conference at which changes in laws governing cable television were discussed, stating that previous predictions are now being seen, such as cable companies taking back local origination channels, and reported it is anticipated legislation will be forthcoming to allow commercials on cable television. Mr. Antos again suggested that the City sell or lease back for a period of time local channels that are not being used, as a revenue source. Mr. Antos suggested that City staff attend such conferences and keep up-to-date on upcoming laws. Mr. Antos was informed that the staff has attended many cable conferences and have monitored changing laws for several years. Stating that he would be out of town when the issue is next considered, Mr. Robert Cook, Central Avenue, spoke to the proposed ZTA-2-84 dealing with non-conforming buildings, referred to a request from Surfside Colony to not allow changes to non-conforming buildings in that area of the City, the potential for a proposal to come forth to permit conversions of nonconforming properties which presently have two units to non-conforming condominiums, and the long term ramifications of the ZTA as presently proposed. Mr. Cook urged that the Council reconsider the ZTA, noting that the original request for the amendment was to allow minor expansions or modifications effectively, efficiently and with little delay or cost, and acknowledging that this could be accomplished by deleting the provisions for major interior remodeling and minor exterior expansion. There were no other oral communications; Mayor Risner declared oral communications closed. 8-26-85 I 9-9-85 CLOSED SESSION The Assistant City Attorney reported the Council would meet in Closed Session pursuant to Government Code Section 54956.9(b). It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 10:08 p.m. The Council reconvened at 10:42 p.m. with Mayor Risner calling the meeting to order. The Assistant City Attorney reported Council had met to discuss personnel matters as previously reported. ADJOURNMENT Brownell moved, second by Wilson, to adjourn the meeting at 10:44 p.m. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried and ex 10 cierk()~the City Council Attest: I Approved: Seal Beach, California September 9, 1985 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Risner calling the meeting to order with the Salute to the Flag. ROLL CALL present: Mayor Risner Counci1members Brownell, Clift, Wilson Absent: Grgas councilman Grgas arrived at the meeting at 7:12 p.m. Also present: Mr. parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Baucke, Director of Development Services Mr. Hemphill, Director of public Works/ I City Engineer Mr. osteen, Recreation Director Mrs. Yeo, City Clerk WAIVER OF FULL READING Brownell 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