HomeMy WebLinkAboutCC Min 1987-06-15
6-15-87
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Seal Beach, California
June IS, 1987
The City Council of the City of Seal Beach met in regular
session at 8:30 p.m. with Mayor Wilson calling the meeting
to order with the Salute to the Flag.
ROLL CALL
Present:
Mayor Wilson
Councilmembers Clift, Grgas, Hunt, Risner
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Absent: None
Also present: Mr. Nelson, City Manager
Mr-. Stepanicich, -City Attorney
Mr. Joseph, Assistant City Manager
Mr. Knight, Director of Development Services
Acting Chief Stearns, Police Department
Captain Garrett, Police Department
Sgt. Maiten, Police Department
Mr. Thomas, Finance.Director
Mr. Hemphill, Director of Public Works/
.City Engineer
Mrs. Yeo, City Clerk
WAIVER OF- FULL READING
Clift moved, second by Grgas, to waive the reading in full
of all ordinances and resolutions and that.consent to the
waiver of reading shall be deemed to be given by all
Councilmembers after.reading of the .title unless specific
request is made .at that time for the reading of such
ordinance or resolution.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson .
None Motion carried
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PRESENTATION
Mayor Wilson presented a .Seal .Beach plaque to Sgt. Kenneth
Mollohan in recognition of twenty years of dedicated .service
to the City. Sgt. Mollohan accepted with appreciation.
PUBLIC HEARING - PROPOSED ORDINANCE NUMBER 1246 - STANDARD
GAS COMPANY - PIPELINE .FRANCHISE
The City Manager requested.that this item be .continued until
the next meeting to allow additional time-for continued
review and amendment -of the franchise regulations by.the
Assistant City Manager and-City Attorney. .Councilman Grgas
requested-that the City-Attorney review the corporate status
of-the.Standard Gas Company.for assurance that the City
could pursue the assets of this company in -the event.of a .
default ,of their -payments. Clift moved, second by Hunt, to
continue this item until the next regular meeting.
AYES :
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
PUBLIC HEARING.- PROPOSED 1987/88 FISCAL Y.EAR BUDGET-
Mayor Wilson declared-the-public hearing open -to consider I
the 1987/88 fiscal year budget. .The City Clerk certified
that notice of the public hearing .had been advertised as
required by -law and reported .no communications had .been ..
received dircectly relating to its adoption, -however reported
communications relating to specific budget requests .had .been
received this date from the Rossmoor Business Center, You
Can, .Inc., Comcast, and the .Cable Communications Foundation,
copies of which had-been provided to the Council. The City
Manager presented an overview of the budget message that was
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provided the Council with the proposed budget, however noted
specifically that revenues for the upcoming year are
expected to increase less than one percent while
expenditures for the current level of service are projected
to increase 4.25 percent. He also reported specific items
not included in the budget, refurbishment or purchase of
Police -vehicles, tree trimming, the Leisure World to
Rossmoor bus service, as well as a list of items submitted
by the individual departments that were felt to be
important, however determined not to be mandatory, totalling
$623,340. Mr. Nelson stated that subsequent to presenting
the proposed budget, $185,000 potential revenue from the
proposed street Lighting Assessment District has been
deleted due to time constraints to establish the District.
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Mayor Wilson declared the public hearing open, Ms. Cheryl
Watson, 96-A, Surfside, President of the Friends of the Seal
Beach Animal Care Center, stated their organization was
formed January 7, 1986 for the purpose of building and
operating an animal care center in the community, was
declared the official fund raising group for that purpose by
the City Council in February, 1986, and on December 8, 1986
the City Manager was authorized to enter into agreement with
their organization for the construction of the facility on
Regency Drive. - She reported their organization consists of
one hundred members, they have had over three hundred
donations, and to .date.have twenty-five persons from
throughout the community volunteering to work -at the center,
also advised of their intent to implement a low cost spay
and neuter program, a hearing dog program, a school
education program, and a convalescent visit with animal
program. -Ms. Watson referred to their May 26th letter. to
the City requesting a commitment of assistance to provide
the improvements now-required by the City, and without that
assistance their major donor has indicated he would withdraw
his support. Ms. Betti Derivas, 324 Spinnaker Way,
Treasurer, reported that the Friends now have adequate funds
to construct the shelter, however stated they have -been
informed by the City that curb and gutter improvements are
required at an-estimated cost of $10,100, with an additional
$sOO-to bring the natural gas line on-site. Ms. Susan
Mendez, looO Catalina Avenue, referred to the 1987/88
proposed Animal Control budget of $8540 for maintenance and
operation, $4390 less than 1986/87, and advised the Council
that the Friends are not requesting funds for operation of
the Center, that funds have already been set aside for that
purpose for the-first year of operation, noting that
additional monies will be forthcoming through fund raising
efforts. Dr. Paredes, Sun & Surf Animal.Hospital, stated it
is his intent to donate his time and services -to.the Center
to care for the -animals at no cost, also to conduct public
workshops and provide low cost spay and neuter services.
Ms. Brenda Horowitz, 4200 Birchwood Avenue, expressed -her
support for an animal care center in Seal Beach to -insure
the return of lost pets and that they are not transported to
the County. Ms. Helen Rink pointed out that pets are .not
allowed in Leisure World, and advised of the many persons
supporting -this project from that area of the City. In
response to Council, Ms. Mendez clarified that their
organization ~ould not be requesting additional funds -from
the City to-operate the shelter, that between $3oo0.to $5000
has been set aside for that purpose for the first year to
cover expenditure for office supplies, postage, memberships
and subscriptions, printing, training, food and medicine,
maintenance and repair of equipment, etc. Ms. Derivas
advised that the Friends currently have .$62,000, that with
the pledge of Dr. Gelb and the City'.s assistance in
providing the curbs, gutters and gas line, there is adequate
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funds to construct the facility. She added that the Center
would initially be open on a part-time basis, staffed by
volunteers, noting that it is not necessary to have someone
on-site twenty-four hours per day. She explained that the
current animal control services would not change, although
some of their responsibilities could be relieved by the
Center, that after an animal is held for a period of three
days by the City, the Center would assume the care and
maintenance of the animal, therefore Orange County services
would no longer be required, noting also that a special I
committee would be established to determine the disposition
of an animal when necessary. In response to Council, the
City Manager advised that the County would provide animal
control services to the City, however the level of service
would be much lower and commensurate with animal license
fees, approximately $20,000 annually. Councilmember Risner
suggested that should the City have an animal care center,
the City could then -adopt fees applicable to the services
provided. Brief discussion continued.
Mr. John Munson, Comcast Cable, introduced himself and
General Manager, Mr. Tom Kezar, and referred to the City's
consideration of applying the five percent Utility Users Tax
to cable television. Mr. Munson recalled that $750,000
prepaid franchise fees were paid to the City, $200,000 of
captial projects in trade for equipment, $375,000 to the
Cable Foundation, a .total of $1,325,000 representing $224
per cable subscriber. He stated he felt they have been a
revenue generator to the-City and a strong source of funds
to the Foundation, ranking first or .second in the State in
terms of funding on a per capita basis. Mr. Munson reported
they carry virtually every service a cable system can,
providing forty-nine different broadcast and satellite
channels, that they feel their service is the best available
in Orange County, and are proud of their customer service. I
He noted also that over thirty local programs are produced
annually, with expanded coverage of Council and Planning
Commission meetings. Mr. Munson stated cable is structured
as a pUblic/private partnership, the City realizing five
percent of the revenue generated from the system, a part of
that prepaid, therefore the City has a direct interest in
the well being of the operation. He advised that Comcast is
a fiscally sound, conservative company, possibly having the
best credit rating in the United States, and although their
penetration rate is relatively low at thirty-eight percent,
it is slowly gaining. Mr. .Munson requested that the tax not
be imposed on local cable television customers. He noted
that a memorandum from the Cable Foundation-had been
distributed expressing their opposition to the tax. Mr.
Kezar stated .that imposing this tax would impact .their
averaged subscriber by.approximately $1.50 per month-which,
in many cases may cause the customer to consider dropping a
pay channel or.cable service altogether, therefore effecting
a negative impact, stating also that it is felt-the tax is
discriminatory as it would be imposed on only thirty-eight
percent of the-population. Mr. Kezar .reported that .annually
Comcast pays the five .percent franchise fee .of approximately
$85,000, a $ls6,000 commitment to local origination and the
Cable Foundation, Utility Users Tax on power of $3120, pole I
taxes of $3288, property tax on 201 - 8th Street of $8s31,
property tax on the cable traveling over property.in the.
amount of -$61,716, a total of $317,655 or nineteen percent
of revenues. Mr. Kezar asked that the Council not consider
imposing this tax. Mr. Bill MacDonald, 72 Riversea Road,
spoke in support of the cable service as an asset to the
community, and expressed his feeling that the tax would be
discriminatory, directed to a.small group of users. . Mr. .
Munson advised the Council that the cable penetration rate
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has increased about five to six percent overall during the
past two years, up from sixteen to twenty-five percent in
Leisure Worla and from forty-seven to fifty percent through
the remainder of the City.
Mr. Don Cronin addressed the Council as the Executive
Director of the non-profit, public benefit organization, You
Can, an organization established to work with, train and
place in employment persons with special needs. He cited as
examples of employment, janitorial, home and apartment
cleaning, housekeeping, maid service positions, explaining
that as the founder he invested his retirement in the
organization, which is also funded by the State Department
of Rehabilitation, that they work with the Department of
Workers' Compensation and the Regional Center for the
Handicapped, and have recently submitted application under
the State Job Training and Partnership Act. Mr. Cronin
requested Council consideration of any funding for their
program that may be feasible.
Mr. Charles Antos, 148 - 14th Street, referred-to the Police
Department budget, the salary figure for the current
contingent.of officers and the estimated overtime figure,
and based upon those figures suggested that three to four
officers could be funded from the overtime account with a
reasonable overtime balance remaining. Noting that all
members of the Council would like to add police officers,
Councilman Grgas asked that the Acting Chief respond with
his proposal to reduce the overtime expenditure. -Acting
Chief Stearns reported that Captain Garrett had conducted an
indepth analysis of the overtime costs, divided into six
categories, the first being manpower shortages caused by
illness, injury, vacations and/or mandatory training, which
equaled 3019 hours or 21.8 percent of the overtime .figure,
court appearances and standby accounting for 8.8 percent
which would not be reduced, -and possibly increased, with the
addition of officers, dispatch shortage accounted.for five
percent of the overtime costs, 440 hours or 3.2 percent were
attributed to extension -of shifts due to -late-arrests,
report writing, calls for services and -emergencies, which
could be reduced by additional officers, all other overtime
for such things as detective call-outs, special
investigations, training meetings, range qualification,
etc., equalling 4770 hours-or 34.s-percent -and would not be
significantly impacted by additional officers, and lastly,
holiday pay, a compensation that is included .under the
Memorandum of Understanding, was 2920 hours or 21.2 percent
and would not be reduced .by more-officers. Chief Stears
added that if the Department were to acquire more manpower,
or 4.5 officers, and could-operate at one hundred percent
efficiency, the budgeted overtime could possibly be reduced
by twenty to twenty-five percent, and if the additional
personnel .consisted of two or three officers the overtime
would be reduced somewhat however not in an amount that
would fully fund the hiring of those officers.
Councilmember Risner stated she felt that with the
additional manpower in the area of sworn officers and
dispatch personnel .and further civilianization-of the
Department there could be a reduction of the -overtime,
suggesting that that saving plus some additional monies
could fund the necessary personnel. Councilman Grgas
cautioned that there would not be a total cost saving, that
in fact, there would be a net increase in the Department
budget.
Mr, Jay Covington, 4260.Dogwood Avenue, asked that the
public .hearing on the proposed budget be continued-in order
to allow additional public input during and subsequent to
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the workshop sessions. Council concurred with the request
and discussion followed.
Hunt moved, second by Clift, to allow twenty to thirty
minutes of the upcoming budget workshops for public input.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
By unanimous consent of the members of the Council, the
public hearing was continued until the next meeting.
ORDINANCE NUMBER 1242 - AMENDING REGULATIONS - FENCES/WALLS/
HEDGES/SCREEN PLANTINGS
Ordinance Number 1242 was presented to Council for second
reading entitled nAN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING THE ZONING REGULATIONS FOR FENCES, WALLS, HEDGES
AND SCREEN PLANTINGS, AND AMENDING THE CODE OF THE CITY OF
SEAL BEACH, CALIFORNIA.n By unanimous consent, full reading
of Ordinance Number 1242 was waived. Clift moved, second by
Hunt, to adopt Ordinance Number 1242 as presented.
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AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
RESOLUTION NUMBER 3696 - APPROPRIATIONS LIMIT
Resolution Number 3696 was presented to Council entitled nA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR
1987/88 AS REQUIRED BY ARTICLE XIIIB OF THE STATE
CONSTITUTION, MORE COMMONLY KNOWN AS PROPOSITION 4, THE GANN
INITIATIVE.n The City Manager requested that this item be
held over until .such time as the budget is considered for
adoption. Members of the Council expressed concern with the I
City approaching its -limit under Proposition 4, -and in
response to a request of Council the Finance Director stated
he would provide a list of revenues that are proceeds -of
taxes for information of the Council. -Clift moved, second
by Grgas, to continue this item as requested by staff.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
RESOLUTION NUMBER 3697 - COMPLETION - MODIFICATION TO PIER
BOAT LANDINGS -- PROJECT NUMBER 563
Resolution Number 3697 was presented to Council entitled nA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR PROJECT 1563, MODIFICATIONS TO PIER BOAT
LANDINGS IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN
JOHN L. MEEK CONSTRUCTION COMPANY AND THE CITY OF SEAL
BEACH." By unanimous consent, full reading of Resolution
Number 3697 was waived. Hunt moved, seocnd by Clift, to
adopt Resolution Number 3697 as presented.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
RESOLUTION NUMBER 3698 - MAYORAL APPOINTMENTS I
Resolution Number 3698 was presented to Council entitled nA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, CONFIRMING APPOINTMENTS MADE BY THE MAYOR OF
REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES AND
ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS,
AND RESCINDING RESOLUTION NUMBER 3605.n By unanimous
consent, .full reading of Resolution Number 3698.was waived.
Grgas moved, second by Hunt, to.adopt Resolution Number 3698
as amended to .reflect the appointments to such boards,
agencies and organizations as stated by Mayor Wilson.
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AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
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RESOLUTION NUMBER 3699 - ARTERIAL HIGHWAY FINANCING PROGRAM
Resolution Number 3699 was presented to Council entitled RA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
INFORMING THE ARTERIAL HIGHWAY FINANCING PROGRAM ADVISORY
COMMITTEE OF THE STATUS OF THE CITY OF SEAL BEACH MASTER
PLAN OF ARTERIAL HIGHWAYS.n By unanimous consent, full
reading of Resolution Number 3699 was waived. Clift moved,
second by Grgas, to adopt Resolution Number 3699 as
presented.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
RESOLUTION NUMBER 3700 - CITY OF BUENA PARK -
looth ANNIVERSARY
Resolution Number 3700 was presented to Council entitled nA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, COMMEMORATING THE CITY OF BUENA PARK ON THE
OCCASION OF THE 100th ANNIVERSARY OF ITS FOUNDING.n By
unanimous consent, full reading of Resolution Number 3700
was waived. Risner moved, second by Grgas, to adopt
Resolution Number 3700 as presented.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
CONSENT.CALENDAR - ITEMS RJn THROUGH nvn
Risner moved, second by Clift, to-approve the recommended
action for items on the Consent Calendar as presented, with
the amended action to receive and file items nTn and .Un.
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Approved ~e minutes of the regular meeting
of April 13, 1987.
Approved the minutes of the regular meeting
of April 27, 1987.
Approved the minutes of the regular meeting
of May II, 1987.
K.
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M. Approved regular demands-numbered 65255
through -65388 in the amount of $614,626.09,
and payroll demands numbered 25782 through
25945 in the amount of $ls8,477.36 as
approved by the Finance Committee, and
authorized warrants to be drawn on the
Treasury for same.
N. Denied the claim of Margaret Wallace.and
referred same to the City's insurance
adjuster.
o. Denied the claim of Philip Bowman and
referred same to the City's insurance
adjuster.
P. Approved-the plans and specifications for
Reconstruction/Overlay of Westminster
Boulevard from Road C to the west.City .
limits, Project Number 566, .and authorized
the City Manager to advertise for bids.
Q. Approved the plans -and specifications for
a .Trash Rack at West.End Pump Station,
Project-Number 564, .and authorized the
City Manager to advertise for bids.
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R. Bids were received until May 28, 1987,
11:00 a.m. for a Telemetering System
at which time they were publicly opened
by the City Clerk as follows:
Eidemiller Electricians
$44,800.00
Awarded the bid for Project Number 582,
Installation of Telemetering System, to
the sole bidder, Eidemiller Electricians,
in the amount of $44,800.00 and authorized
the City Manager to execute the contract
on behalf of the City.
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S. Bids were received until May 26, 1987,
2:00 p.m. for fourteen (14) two-way
Portable Radios for use by the Police
Department at which time they were publicly
opened by the City Clerk as follows:
KHM Communications
Mobile Communications
Service
Western Walkie Talkie/
Page
$12,435.92
11,593.52
9,713.69
Awarded the bid for the purchase of
fourteen (14) two-way Portable Radios to
the low bidder, Western Walkie Talkie/Page,
in the amount of $9,713.69, and authorized
said purchase.
T. Recieved and filed a communication from
Hal Griffith and Associates dated May 20,
1987.
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U. Received and filed a communication from
Mr. Frank Hale dated May 21, 1987.
v. Supported amendment to and supported amended
SB 622 (Seymour) to reauthorize and nfine-tunen
Orange County Unified Transportation Trust Fund.
AYES: Clift, Grgas, Hunt, Risner, Wilson .
NOES: None Motion carried
ZOETER UPDATE.
The City Manager advised the staff is continuing
negotiations.for a ground lease that would enable financing
of Zoeter site Parcel A, that a site visit was made and
determined there may be some minor problems with asbestos
and its removal, however the cost of removal is anticipated
to be reasonable, and reported he has requested-that the
School District extend the option date thirty days to insure
sufficient time for the City to complete negotiations.
STATUS REPORT - RUBY'-S DINER LEASE
The City Manager reported he retained the assistance of a
consultant to primarily conduct an evaluation of the I
Council's directions and the provisions of the lease
previously negotiated in order to identify detail points -
that should be addressed, and as of this date it appears
that agreement has been reached, with two deviations, with
Ruby's.for operation of the pier restaurant. He advised
that pursuant to a recommendation of the consultant the term
of -the lease has been -extended to fifteen years, rather than
five as directed by Council, and that Ruby's.would be
provided the first right of .refusal at the end of the lease
period, and with regard to minimum rent, it has been
basically agreed that the first three years would be the
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$38,000 mlnlmum rent payment with a six and seven percent of
the gross, thereafter the rent would be adjusted every three
years based upon a three year average of the actual rent
paid during the prior three year period, or ninety percent
of the average for that period. Mr. Nelson stated that the
draft lease would be forwarded to the City Attorney and
interested State agencies the following day, and that it is
hoped the lease will be presented to Council by the May 23rd
adjourned meeting.
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APPOINTMENT - DWP ADVISORY COMMITTEE
Councilman Grgas nominated Mrs. Barbara Rountree, 315 - 13th
Street, to fill the vacancy on the Department of Water and
Power Advisory Committee representing District One. Clift
moved, second by Hunt, to approve the appointment.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
ORAL COMMUNICATIONS
There were no Oral Communications.
CLOSED SESSION
The City Attorney reported the City Council would meet in
Closed Session to discuss personnel matters. By unanimous
consent, the Council adjourned to Closed Session at 10:OS
p.m. The Council reconvened at 11:28 p.m. with Mayor Wilson
calling the meeting to order. The City Attorney reported
the Council had met in Closed Session and had discussed
matters previously reported.
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ADJOURNMENT
Hunt moved, second by Risner, to adjourn the meeting until
Thursday, June 18th at 6:30 p.m.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
The meeting was adjourned by unanimous consent at Il:29 p.m.
and ex-offlcio
City Council
the
Clty
Seal
--~ l~a./
Approved:__ 4I'"'t> _.L--V .,:'OJ ~ .A~
Mayor
Attest:
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Seal Beach, California
June 18, 1987
The City Council of the City of Seal Beach met in regular
adjourned session at 6:30 p.m. with Mayor Wilson calling the
meeting to order. Councilman Clift led the Salute to the
Flag.