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HomeMy WebLinkAboutCC Min 1987-06-15 6-15-87 -' .._....0....1 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 I 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 I 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 6-15-87 I 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. I 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 I 6-15-87 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 J 6-15-87 I 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 I I 6-15-87 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. I 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. 6-15-87 AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I 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. I J. 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. L. I 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. 6-15-87 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. I 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. I 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 6-15~87 / 6-18-87 $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. I 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. I 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: I 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.