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HomeMy WebLinkAboutCC Min 1986-02-24 2-10-86 / 2-24-86 ADJOURNMENT Grgas moved, 8:18 p.m. AYES: NOES: second by Clift, to adjourn the meeting at Brownell, Clift, Grgas, Risner, Wilson None Motion carried o ex-of ~cio clerk of the Council Approved: Attest: Seal Beach, California February 24, 1986 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 Councilmembers Brownell, Clift, Grgas Councilmember Wilson Absent: The city Council, by unanimous consent, excused Mrs. Wilson's absence from the meeting. Also present: Mr. Joseph, Acting City Manager Mr. Stepanicich, City Attorney Mr. Baucke, Director of Development Services Mr. Hemphill, Director of Public Works/ City Engineer Mr. Malkemus, Administrative Aide Mrs. Yeo, City Clerk I I 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 I or resolution. AYES: NOES: ABSENT: Brownell, Clift, Grgas, Risner None Wilson Motion carried 2-24-86 I ORDINANCE NUMBER 1215 - APPROVING SALE/TRANSFER - GROUP W CABLE, INC. Ordinance Number 1215 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH CONSENTING TO AND APPROVING THE SALE AND TRANSFER OF CONTROL OF GROUP W CABLE, INC. TO CERTAIN BUYERS AND THE TRANSFER OF THE CABLE COMMUNICATIONS FRANCHISE HELD BY GROUP W CABLE, INC. TO COMCAST CABLEVISION OF CALIFORNIA." By unanimous consent, full reading of Ordinance Number 1215 was waived. The Acting City Manager presented the staff report, explained that the proposed Ordinance approves the transfer of Group W Cable to Comcast Cablevision, Comcast required to abide by all terms and conditions of the existing franchise agreement, to which they have indicated agreement. He stated that the staff conducted a background investigation of Comcast, and found their reputation to be reportedly sound. The City Attorney reported that documentation has been submitted by Group W as to the transfer of stock, that staff is presently awaiting documents relating to the transfer of the franchise, which will be reviewed prior to the second reading of the Ordinance. The City Clerk requested that reference to ordinance No. 1126 in Section 1 of the Ordinance be corrected to reference Ordinance Number 1133. Brownell moved, second by Clift, to approve the introduction of Ordinance Number 1215 as corrected, and that it be passed to second reading. AYES: NOES: ABSENT: Brownell, Clift, Grgas, Risner None Wilson Motion carried I RESOLUTION NUMBER 3568 - DECLARING INTENTION - GRANTING OF PIPELINE FRANCHISE Resolution.Number 3568 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING ITS INTENTION TO GRANT A PIPELINE FRANCHISE TO EXXON AND TEXACO, INC. JOINTLY." By unanimous consent, full reading of Resolution Number 3568 was waived. The Acting City Manager reported that adoption of this Resolution is the initial step to granting the pipeline franchise to Exxon Corporation and Texaco, Inc. as previously negotiated. Clift moved, second by Brownell, to adopt Resolution Number 3568 as presented. AYES: NOES: ABSENT: Brownell, Clift, Grgas, Risner None Wilson Motion carried AGENDA AMENDED Brownell moved, second by Clift, to amend the agenda to consider an additional Resolution. AYES: NOES: ABSENT: Brownell, Clift, Grgas, Risner None Wilson Motion carried I RESOLUTION NUMBER 3570 - HONORING CHARLES E. McCULLY - SUPERINTENDENT - LOS ALAMITOS SCHOOL DISTRICT Resolution Number 3570 was presented to Council and read in full by Mayor Risner entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING CHARLES E. McCULLY IN RECOGNITION OF HIS DEDICATION AND SERVICE TO THE YOUTH OF OUR COMMUNITy.1I Brownell moved, second by Clift, to adopt Resolution Number 3570 as presented. AYES: NOES: ABSENT: Brownell, Clift, Grgas, Risner None Wilson Motion carried 2-24-86 CONSENT CALENDAR - ITEMS "c" THROUGH "J" Mayor Risner requested Item "c" removed from the Consent Calendar; the City Clerk requested Item "H" removed. Clift moved, second by Grgas, to approve the recommended action for items on the Consent Calendar, except Items "c" and "H", as presented. D. Approved the minutes of the regular meeting of February 10, 1986. E. Approved regular demands numbered 59622 through 59791, payroll demands numbered 19702 through 19844, for a total of $419,521.74, including net payroll of $96,618.25, as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. I F. Denied the claim of Caterina Given and referred same to the City's liability adjuster. G. Denied the claim of Gary H. Ratzke and referred same to the City's insurance adjuster. I. Bids were received until February 18, 1986, 11:00 a.m., at which time they were publicly opened by the City Clerk for project Number 559, Beach Sand RepleniShment, as follows: Excel paving Company Clayton Engineering, Inc. Burns pacific Construction, Inc. Ryco Construction, Inc. $28,500 36,000 56,880 72 ,000 I Awarded the bid for project Number 559, Beach Sand RepleniShment, to Excel paving Company in the amount of $22,800, exercising the contract reduction clause of the project specifications, appropriated an additional $3,000 from the General Fund to project 559, and authorized the Acting City Manager to execute the contract on behalf of the City. J. Approved the plans and specifications and authorized the Acting City Manager to advertise for bids for the pier Restaurant Fixturization. AYES: NOES: ABSENT: Brownell, Clift, Grgas, Risner None Wilson Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "c" - MINUTES - JANUARY 27, 1986 Mayor Risner requested that the word "Tennis" Club be added to page ten, line fourteen for clarification, and moved approval of the January 27, 1986 minutes as amended. Councilman Clift seconded the motion. AYES: NOES: ABSENT: Brownell, Clift, Grgas, Risner None Wilson Motion carried I 2-24-86 ITEM "H" - CLAIM - D'AMICO The City Clerk requested that Item "H" be removed from the agenda, the matter not requiring Council action, and reported this item has been referred to the City Attorney. The Council approved the request by unanimous consent. I RESIGNATION - CABLE COMMUNICATIONS FOUNDATION Brownell moved, second by Clift, to accept the resignation of Mr. Howard McCurdy, member of the Cable Communications Foundation representing District Five, and declare the position vacant. Councilman Brownell stated he would present an appointment at next meeting. Council requested that a letter of appreciation be sent to Mr. McCurdy. AYES: NOES: ABSENT: Brownell, Clift, Grgas, Risner None Wilson Motion carried I REPORT/DISCUSSION - OPEN SPACE LANDS The City Attorney presented an overview of the report/legal opinion prepared at the request of the Council, analyzing the legality of the Charter amendments proposed, to subject to a mandatory general referendum any proposed General plan amendment that would constitute a change of certain land use designations. Mr. stepanicich stated three separate amendments were being presented for Council consideration: 1) a two-thirds voter approval for a land use change of "quasi-public" designated land under the General Plan; 2) a two-thirds voter approval for a change of land use of city owned "public" land so designated under the General plan; and 3) a combination of proposed Amendment Number One, "quasi-public lands", and proposed Amendment Number Two, "public" lands, under the General Plan. The City Attorney summarized that there is no legal question that the City Council could, if it chose, submit to the voters a proposed Charter Amendment requiring voter approval for any proposed change of use of City-owned "public" land, also that it had been concluded that a Charter amendment relating to a proposed change of use of "quasi-public" property would probably be sustained by a court of law. Mr. Stepanicich noted the existance of the floodplain easement covering approximately fifty-three acres of the property, making development of- the property more difficult, but not forbidden, explaining that prior to any development of the "quasi-public" property, City and County Flood Control approval would be required to insure that adequate drainage facilities were installed to handle any runoff from surrounding properties or from the subject property. Mr. Tom Winfield, Brown, Winfield and Canzonari, 615 south Flower street, LOS Angeles, stated he was present to represent the Bixby Ranch Company, noting that Bixby is the only property owner, other than the City, to which the Charter amendments would have any application, and expressed objection specifically to proposed Amendments One and Three, relating to "quasi- public" designated properties. Mr. Winfield stated he was unaware of any legal or substantive basis for singling out the Bixby Company for special treatment, and noted Bixby's willingness to discuss any concerns that may exist with the City and members of the City Council. with regard to councilman Clift's concerns that the golf course and facilities be permanently retained, Mr. Winfield stated there should be no concern on the part of the city in that regard as no change is proposed. Councilman Clift responded that concern has been expressed for the past two years as to Bixby's future plans for the subject properties, and referred to the Bixby Master plan dated 1983 and a I 2-24-86 subsequent letter from Bixby to the Corp of Engineers informing the Department of Defense they were not willing to renew the lease of their lands to them, setting forth their intention to develop same. Mr. Winfield stated that the referenced plan was prepared, to his understanding, at a time when negotiations were taking place between the Ranch Company and the Airfield as to what, from the Airfield's perspective, use the Bixby Company could make of their surrounding property I in the future so that the Airfield could make its own long term plans, therefore preparation of the document was reactive in nature. Mr. Winfield stated there are no plans to develop the property pursuant to the Master plan, noting also that, as the City Attorney had indicated, nothing could take place on that property without substantial City and County involvement. Mr. Clift noted that he had come across the Master plan document in a City file, however neither the Councilor planning Commission were aware of its existance. Mr. Winfield explained that the document would have only been formally presented to the City if the Bixby Company had any desire to have the City act on it, that it was a document for information purposes only, a document that no one proposed to build, prepared merely for discussion purposes with the Airfield. Mr. Winfield stated that if provided the subject document, he would formally withdraw same at this time, and additionally offered to meet with Councilman Clift regarding his concerns as to the future of the subject property. Councilman Clift referred to the inadequacy of the drainage in College Park East, expressed the need for assurance that the golf course areas, which serve as a retarding basin as well as valuable open space lands, remain, and urged that the proposed Charter amendments be placed on the June ballot. Mr. Winfield again expressed objection to the owner of the "quasi-public" property being I singled out for land use restriction. He pointed out that the Land use Element defines "quasi-public" as lands of private ownership that serve a public recreational benefit, the Recreation Element containing similar language, identifying the Bixby golf course and Tennis Club under that land use designation, with the Leisure World golf course and its facilities identified for recreation purposes. Mr. Winfield stated their objection would remain the same even if more than one private property owner were singled out to be treated differently, such as the Bixby Company and Leisure World, and offered that the means that is being suggested, the Charter amendments, is an inappropriate action for this matter. Mayor Risner noted the public use restriction, the retarding basin, on the subject property which is established and secured by deed. Councilman Brownell expressed his feeling that a full Council should consider this matter. Councilman Clift responded that this is the last regular meeting at which the Council may take action to place a charter amendment on the June ballot, requesting that action by the Council, and continued, speaking to several points set forth in the City Attorney's opinion as to the legality of and court decisions relating to a mandatory referendum as proposed. He expressed his feeling that this matter should be submitted to the voters, and should not be postponed I' due to the thought of a possible legal challenge from Bixby. Mayor Risner referred to the City Attorney's opinion which clearly stated it would be legal to restrict the use of public lands owned by the City through the mandatory referendum process, stating her feeling that the council would most likely support that proposal, however, she stated that placing such a mandatory referendum restriction on a property owner who has invested money in their property and who have stated there is no change of use planned, does not 2-24-86 I appear to be realistic. Mr. Clift again referenced the Master plan, stated he has seen nothing in writing from Bixby withdrawing that plan, or informing the City that they do not intend to place development on or surrounding the golf course. The Mayor noted the Acting City Manager had been requested to contact the Bixby Company regarding withdrawal of their Master Plan from the City files, suggesting Bixby may wish to withdraw the plan at this time. Mr. Winfield stated that Bixby has never applied to the City for development via the subject document, that the only reason it appeared in the city files was for information purposes during discussions relating to the on-going negotiations with the Airfield. Mr. Winfield offered to request, in writing, that the document be returned to Bixby, if the Council wished. Mayor Risner stated she did not feel it is entirely clear that a Charter amendment restricting a "quasi-public" land use change would be totally sustained in court, expressing her concern with subjecting only one privately owned parcel of land to a mandatory referendum, and further, with limiting the City Council's legislative powers under the city Charter. Mayor Risner suggested that it would seem reasonable to meet with Bixby in an effort to resolve issues relating to their property, discuss their long term plans, and that consideration of placing the Charter amendments on the ballot be postponed until a later election date. Mr. Clift stated he wished to support placing proposed Charter Amendment Number Three on the June ballot, which would not preclude Bixby's use of their property, however would allow the citizens to vote on any proposal for change of use. Councilman Brownell voiced his concern with proposing a Charter amendment whereby one-third of the people could determine the policy for improvements within the City, stating that he did not feel it would be a proper function for the Council to delegate their legislative powers to which they are charged when elected, also expressing his feeling that there is a potential for a costly legal challenge by the property owner if such a Charter amendment were approved by the voters. Mr. Brownell acknowledged however, Mr. Clift's concern with further development of Bixby's land and the potential for increased transportation and traffic problems in the area. Councilman Clift moved to place proposed Charter Amendment Number Three on the June ballot to read as follows: "Mandatort Referendum. Any real property classified as "Quasi-pu lic" Land Use under the General plan of the City of Seal Beach or any real property owned by the City which is classified as "public" Land use under the General plan of the City of Seal Beach shall not be changed to another land use classification unless two-thirds (2/3) of the qualified electors of the city, voting on the proposed change, approve such change by voting in favor thereof at a general or special election." Councilman Grgas noted the varying opinions and concerns expressed by the members of the Council, the right of the people to vote on this type of issue versus a mandate by possibly one-third of the voters, the reference to and singling out of quasi-public lands, the General plan referring to those lands as constituting a positive asset to the City as a whole, providing a valuable open space and recreation resource. He noted Mr. Clift's concern with the difficulty in reversing a Council decision once made, therefore the proposal before the Council to require voter approval for any alternative land use. Mr. Grgas pointed out that the property under discussion is the only quasi-public land in the City, is not presently developed or planned for commercial, industrial or residential use, stating that land use planning that has occurred in the I I 2-24-86 past has been based upon the premise that the subject property not be developed to a more intense use, which would constitute a substantial impact on streets, sewers, storm drains and other services if developed. He suggested that the Council take action on Mr. Clift's motion and should that motion not be approved, the Council may wish to consider the matter for submittal to the voters at a later election date. Councilman Grgas seconded the motion on the floor. AYES: NOES: ABSENT: Clift, Grgas Brownell, Risner Wilson Motion failed CITY COUNCIL ITEMS Councilman Grgas reported he had walked a petition on the streets affected by the proposed 5th and 7th Street alley improvements and submitted a copy of the petition for Council's information, noted to the Council the residents understanding that the subject alley improvements were to have been commenced the previous year, and requested that the alley project be placed on the agenda for next meeting, noting that the staff had confirmed that funds were encumbered and are available for the project. with regard to encumbered funds, Mr. Clift suggested that in the future the Council be provided with a list in the budget of budgeted items that have not been completed by fiscal year end and are proposed to be encumbered, not rebudgeted for the upcoming fiscal year. The other members of the Council expressed their feelings as to policies for encumbrance of funds, and concurred with Mr. Clift's request. ORAL COMMUNICATIONS Mayor Risner declared Oral Communications open. Mr. Bruce Stark, Attorney and Sea~Beach resident, stated he was addressing Council on behalf of his client, Mrs. Olsen, regarding a written request to the City Manager for information under the Public Records Act of expenditures for consulting services since January of last,year. The Acting City Manager reported that Mr. Stark had been provided with a previously compiled report on this matter, a report that had been provided the Council, and that he had informed Mr. Stark that further research and report on this matter would not be undertaken without Council direction to do so, however Mr. Stark had been informed the budget document was available for review. Mr. Stark responded that the budget document is not reflective of actual expenditures, and stated they wished to review the actual ledger sheets. The City Attorney stated he had been informed Mr. Stark had been provided the consultant service report prepared last year, stating that the budget, minutes and other documents are available for public review, however the public Records Act does not require that an additional report be compiled. The Council directed staff to provide the monthly expenditure reports for Mr. Stark's review. There were no other Oral Communications; Mayor Risner declared Oral Communications closed. CLOSED SESSION The City Attorney reported the Council would meet in Closed Session to discuss pending litigation under Government Code Section 54956.9(b), and to discuss the potential purchase or lease of the Zoeter School site, give direction to the City's negotiators, the City Manager and City Attorney, and to give further direction for continued negotiation with the Superintendent of Schools for the site. By unanimous consent, Council adjourned to Closed Session at 8:22 p.m. I I I 2-24-86 The Council reconvened at 8:41 p.m. with Mayor Risner calling the meeting to order. The City Attorney reported Council had met in Closed Session to discuss pending litigation and matters relating to the Zoeter School site as previously reported, the Council giving further direction to the Acting City Manager with regard to negotiations with the School District. I INSURANCE COVERAGE Grgas moved, second by Clift, to authorize the Acting City Manager to enter into agreement for Errors and Omissions Insurance coverage. AYES: NOES: ABSENT: Brownell, Clift, Grgas, Risner None Wilson Motion carried By unanimous consent, the Council recognized a member of the audience wishing to address Council. Mr. Olin pate, 137 - l2th street, expressed his concern with the limited amount of street lighting in the downtown area, the 100 block of 12th Street in particular, asking if a street illumination study could be conducted. Mayor Risner suggested that the Edison Company be contacted re same. Councilman Grgas reported a street light out in the 100 block of lOth street, and the Mayor reported several pier lights out. I AJOURNMENT By unanimous consent, the Council adjourned to Monday, March 3, 1986 at 6:00 p.m. to meet in Closed Session for discussion of personnel matters. The meeting was adjourned ~y unanimous consent at 8:45 p.m. , City Seal of the k ach Approved: ~~.~~ Attest: I