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HomeMy WebLinkAboutCC Min 1981-09-14 8-24-81 / 9-14-81 I APprOVe~~AJL , 4~ Mayor Attest: Seal Beach, California September 14, 1981 The City Council of the City of Seal Beach met in regular session at I 7:00 o'clock p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Kredell, Seitz, Supple, Vanderstaay Absent: None Also present: Mr. Parker, City Manager Mr. Coughlan, City Attorney Mr. Thomas, Finance Director Mr. Antos, Associate Planner Mr. Joseph, Assistant City Manager Mrs. Yeo, City Clerk WAIVER OF FULL READING Vanderstaay moved, second by Supple, to waive reading in full of all ordinances and resolutions, and that consent to the waiver of reading shall be deemed to be given by all Council members after reading of I the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: Kredel1, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried AGENDA AMENDED Seitz moved, second by Vanderstaay, to consider Item "X" regarding the 9-14-81 Cable television franchise, out of order immediately following the public hearings, as requested by Mayor Laszlo. AYES: Krede1l, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried PROCLAMATIONS I Mayor Laszlo proclaimed the week of September 15 through September 22, 1981 as "Leukemia Week," Mayor Laszlo proclaimed the week of September 20 through September 26, 1981 as "National Cystic Fibrosis Week," Mayor Laszlo proclaimed September 17, 1981 as "Constitution Day" and September 13 through September 19, 1981 as "Constitution Week." ORDINANCE NUMBER 1104 - SALE OF CHRISTMAS TREES Ordinance Number 1104 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 11, ARTICLE II, OF THE SEAL BEACH MUNICIPAL CODE, PROVIDING FOR THE SALE OF CHRISTMAS TREES." By unanimous consent full reading of Ordinance Number 1104 was waived. The City Attorney recommended Councilman Krede1l abstain from voting III on this item unless he wished to state for the record he is familiar with all of the testimony presented at the public hearing, from which Mr. Krede1l was absent. Vanderstaay moved, second by Laszlo, to adopt Ordinance Number 1104 as presented. AYES: Laszlo, Seitz, Vanderstaay NOES: Supple ABSTAIN: Kredell Motion carried PUBLIC HEARING - AMENDING POSITION CLASSIFICATION PLAN Mayor Laszlo declared the public hearing open to consider amending the Position Classification Plan to include the position of Electrician's Assistant. The City Clerk certified that notices had been published as required by law and that no communications had been received either for II or against this item. The Assistant City Manager presented the staff report and stated the Civil Service Board had considered and approved amending the Position Classification Plan to include the position of Electrician's Assistant. There were no communications from the audience 9-14-81 for or against the matter; Mayor Laszlo declared the public hearing closed. RESOLUTION NUMBER 3096 - AMENDING POSITION CLASSIFICATION PLAN - ELECTRICIAN'S ASSISTANT Resolution Number 3096 was presented to Council entitled "A RESOLUTION I OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE POSITION OF ELECTRICIAN'S ASSISTANT." By unanimous consent, full reading of Resolution Number 3096 was waived. Seitz moved, second by Vanderstaay, to adopt Resolution Number 3096 as presented. AYES: Krede11, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3097 - ESTABLISHING SALARY RANGE - ELECTRICIAN'S ASSISTANT Resolution Number 3097 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING A PAY RATE FOR ELECTRICIAN'S ASSISTANT. II By unanimous consent, full I reading of Resolution Number 3097 was waived. Kredell moved, second by Vanderstaay, to adopt Resolution Number 3097 as presented. AYES: Kredel1, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried PUBLIC HEARING - HOUSING/COMMUNITY DEVELOPMENT PROGRAM - EIGHTH YEAR PROJECTS Mayor Laszlo declared the public hearing open to consider the City'S participation in the Housing and Community Development Program with the County of Orange for the Eighth Year. The City Clerk certified that notices had been published as required by law and that no communications had been received either for or against this item. The Associate Planner presented the staff report and recommendations of the Planning Commission and described the projects recommended for I the Eighth Year Program, also noted the request to transfer Seventh Year housing cost reduction funds to mobile home rehabilitation. There were no communications from the audience for or against this matter; Mayor Laszlo declared the public hearing closed, Councilman Supple inquired as to the actual amount anticipated to be received; the Associate Planner indicated somewhere between $100,000 and $125,000. Councilman Seitz suggested the upgrading and/or repair 9-14-81 of commercial business properties in the target area be included for consideration along with the $50,000 requested for rehabilitation of residences. Councilman Krede1l expressed opposition to funds being directed to the business community, voiced support for alley repair and moved to submit the priority projects for Eighth Year funding as follows: 1) $10,000 - administration of H/CD program; 2) $100,000 - for public facilities (curbs and alleys); and $50,000 - rehabilitation I of single family residences. Council discussed criteria to be eligible for residential rehabilitation. Mayor Laszlo seconded the motion on the floor. AYES: Kredell, Laszlo NOES: Seitz, Supple ABSTAIN: Vanderstaay Motion failed Seitz moved, second by Vanderstaay, to include rehabilitation of business properties as an alternative under the $50,000 request for residential rehabilitation in the target area and that an explanation of the amendment be set forth in the proposal, the priorities to be submitted as presented. I AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: Kredell Motion ca=ied RESOLUTION NUMBER 3098 - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - EIGHTH YEAR Resolution Number 3098 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE." By unanimous consent, full reading of Resolution Number 3098 was waived. Vanderstaay moved, second by Seitz, to adopt Resolution Number 3098 as amended. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: Kredell Motion carried I PUBLIC HEARING - APPEAL A-2-8l - SHADDOX - 222 - 7th STREET Mayor Laszlo declared the public hearing open to consider Appeal A-2-8l of Wayne and Darlene Shaddox to the Planning Commission's denial of Variance V-3-8l for three tenths of a unit over density at 222 - 7th Street. The City Clerk certified that notices had been 9-14-81 I published and mailed as required by law and that no communications had been received for or against the item. The City Manager presented the staff'report and recommended that the decision of the Planning Commis- sion be overturned and set forth the reasons for that recommendation. Mayor Laszlo invited persons wishing to speak for or against this item to come to the microphone and state their name and address for the record. Howard Brief, legal counsel representing Mr. and Mrs. Shaddox, offered to respond to any questions the Council may have regarding this matter. There were no other communications from the audience; Mayor Laszlo declared the public hearing closed. Krede1l moved, second by Seitz, to overturn the decision of the Planning Commission for the following reasons: 1) based on represen- tations made and approvals given by the City staff, a financial hard- ship has been created for the applicants; 2) these same representations and approvals have subjected the City to a possible lawsuit, the result of which could be adverse to the City as well as expensive to defend; 3) the granting of this variance will in no way set a precedent based on principles of land planning, and that this matter be referred back to the Planning Commission for reconsideration. AYES: Kredell, Laszlo, Seitz, Supple NOES: Vanderstaay Motion carried REPORT - CABLE TELEVISION FRANCHISE The Assistant City Manager presented a comprehensive report and staff analysis of the proposals received from California Cablesystems and Teleprompter Cable TV to provide cable communication services to the community. The report also contained a response received from the PCTA outlining their proposal to provide cable television services and in response to staff evaluation of the private proposals. Laszlo moved, second by Vanderstaay, to limit the initial presentations from the cable company representatives to fifteen minutes each. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried Mayor Laszlo questioned and expressed his concern with several aspects of the cable franchise evaluation, read various news articles and referred to cable franchise experiences in other communities, Mayor I I 9-14-81 Laszlo expressed his support for the PCTA concept, more specifically the eventual municipal ownership of the system and the proposed service rates. Lengthy Council discussion continued regarding: the availability of studio facilities and community access programming, the number of and type of channels, microwave transmission capability, educational programming, Pay TV and rate structure, mobile facilities, projected penetration percentage within the community, comparison of the prepaid franchise fees and ongoing revenues to the city, and expanded computer services to the citizenry. Mr. Kredel1 left Council Chambers at 8:43 p.m. and returned at 8:47 p.m. Councilman Seitz stated it was his understanding based on the staff evaluation that both proposals offered a fifty-four channel capacity, the only comparable programming difference was the availability of specific Pay TV programming. This was affirmed by representatives of California Cable and Teleprompter. Councilman Supple referred to the possible obsolescence of cable and subscription TV systems by the 1990's as predicted in various business and investment publications, stated he did not place a great value on the municipal ownership concept nor favored the operation of a communication system as a municipal function, and expressed his concern with the foreign ownership as it relates to present policies of that nation, stated he would view the present cable systems from a short term investment standpoint and suggested a five year renegotiable contract be considered which would guarantee an up-to-date, current system. Councilman Seitz left Council Chambers at 9:39 p.m. and returned at 9:44 p,m. Council discussed the present Leisure World rate schedule for dable service pursuant to contract until 1992 versus consumer rates throughout the r~mainder of the city upon the award of a cable franchise, The City Attorney explained that if the Leisure World system were updated to match the service elsewhere in the city, equality of charges would have to be considered, however, if the Leisure World system remained as it exists, the rate differential could be legally complied with. A representative of California Cablesystems reported the penetration rate for the cable system activated in May of this year in Rossmoor has just exceeded thirty percent, noted however that the overall I I 1 9-14-81 I penetration rate for Orange County in general would be around thirty to thirty-five percent, Teleprompter responded to questions posed regarding the contract for cable service within Leisure World, stated that aslong as subscriber penetration is below sixty percent the rate remains at $3.50 per month, should penetration increase the rate would be reduced and affirmed that should the Leisure World system be updated and expanded, the rate would be adjusted for that service while giving some consideration for discounted senior citizen rates and free instal- lation, and defined senior citizen to be those persons sixty-two years of age and over. Collin Watson, California Cable, spoke regarding foreign ownership, read excerpts of an article regarding the impact of American owned cable companies in Canada, and stated California Cable is a 50%/50% Canadian/American owned company. Mr. John Bateman, Executive Director of PCTA, stated PCTA has developed up-to-date contingency plans to insure the continued development of the public cable system, that an individual system is developed within each city, that PCTA ownership is an option, the decision of which remains with the individual cities, stated the PCTA is not obligated to anyone specific cable company, that costs are shared between the member cities, a staff of technicians, advisors and legal counsel are retained for the PCTA, that the PCTA system has been redesigned and rebuilt to provide the fifty-four channel capacity, noted the advantages of Net 6 personnel training and educational channels, referred to the proposed structure and proposed legislation regarding cable communica- tion,'operations. Councilman Seitz inquired as the the assurances the system will be updated throughout the years; Mr. Bateman stated their contract provides for assurance for system updating as well as the municipal ownership option, also stated the technical specifications of the system will be constantly monitored during development. With regard to rates, Mr. Bateman stated rates could be increased by four percent per year without Board of Directors approval. Mr. Ron Cordoba, Teleprompter, referred to difficulties that would be encountered by California Cable or PCTA in overbuilding a cable system to provide future service to the Leisure World community, that no other cable company could provide service to leisure World during the term of I I 9-14-81 the existing contract, referred to federal regulations governing microwave and satellite transmission by foreign owned firms, cable penetration, PCTA municipal ownership and system maintenance costs and obsolescence. Kredell moved, second by Vanderstaay, to postpone further consideration of this matter until next meeting. AYES: Kredell, Laszlo, Supple, Vanderstaay I NOES: Sei tz Motion carried ORDINANCE NUMBER 1102 - SEWER SERVICE CHARGE Ordinance Number 1102 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 19C OF THE SEAL BEACH MUNICIPAL CODE ADJUSTING THE SEWER CHANGE." By unanimous consent, full reading of Ordinance Number 1102 was waived. Supple moved, second by Vanderstaay, to adopt Ordinance Number 1102 as presented. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried ORDINANCE NUMBER 1103 - AMENDING REDEVELOPMENT PLAN - RIVERFRONT REDEVELOPMENT PROJECT I Ordinance Number 1103 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE REDEVELOPMENT PLAN FOR THE RIVERFRONT REDEVELOPMENT PROJECT." By unanimous consent, full reading of Ordinance Number 1103 was waived. In response to Councilman Supple, the City Manager explained the Plan Amendment changes the boundary of Gum Grove Park slightly; the Associate Planner stated the Park will be dedicated to the City as part of the tract map approval for the Hellman property development. Councilman Kredell questioned the rezoning of this existing commercial property to residential; the Associate Planner stated this portion of the amendment brings the Redevelopment Plan into conformance with the General Plan and in accordance with the 1 approved Hellman development Specific Plan. Supple moved, second by Laszlo, to adopt Ordinance Number 1103 as presented. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSTAIN: Kredell Motion carried 9-14-81 Councilman Krede11 abstained from voting on Ordinance Number 1103 as he was absent from the August 24th public hearing. RESOLUTION NUMBER 3088 - HISTORIC PRESERVATION ELEMENT - GENERAL PLAN - HISTORICAL AND CULTURAL SOCIETY I Resolution Number 3088 was presented to Council entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPOINTING THE SEAL BEACH HISTORICAL AND CULTURAL SOCIETY AS THE CITIZEN'S COMMITTEE TO ASSIST THE PLANNING COMMISSION IN PREPARING AN HISTORIC PRESERVATION ELEMENT TO THE GENERAL PLAN." By unanimous consent, full reading of Resolution Number 3088 was waived. Councilman Supple recommended that the 'Resolve' clause be amended to read "citizen's ad hoc committee" and that a new sentence be added to state "Upon completion of this Element, this ad hoc committee shall be dissolved and discharged." Councilman Seitz expressed opposi- tion to preparation of an Historical Element to the General Plan and stated appointment of the Historical Society as the citizen's committee to assist in formulating the Element would not provide equal representation for the city by district and noted opportunities exist I for any citizen group to pursue and obtain funding for the preservation of any qualified historical site in the city. Councilman Kredell spoke in support of designating the Historical Society to assist in developing the Element. Councilman Supple noted he had reviewed the Historical Society's membership list which showed over one hundred members and inquired if the intent was that the total membership participate as the citizen I s committee or representatives of the group. Two members of the audience spoke regarding appointments to the city boards and commissions and expressed opposition to the proposed appointment of the Historical Society to assist in preparation of the Historical Element. Discussion continued. Mayor Laszlo recommended the 'Resolve' clause be further amended to state that the "citizen's committee give input I to the Seal Beach Planning Commission' rather than "assist". Kredell moved, second by Vanderstaay, to adopt Resolution Number 3088 as amended. AYES: Krede1l, Laszlo, Vanderstaay NOES: Seitz, Supple Motion carried 9-14-81 RESOLUTION NUMBER 3099 - COMMENDING SERGEANT JOHN AVERYT - POLICE DEPARTMENT Resolution Number 3099 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH COMMENDING POLICE SERGEANT JOHN AVERYT FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE CITY OF SEAL BEACH AND OUR COMMUNITY." By unanimous consent, full I reading of Resolution Number 3099 was waived. Supple moved, second by Vanderstaay, to adopt Resolution Number 3099 as presented. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3100 - AUTHORIZING LOAN - REDEVELOPMENT AGENCY Resolution Number 3100 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A LOAN TO THE SEAL BEACH REDEVELOPMENT AGENCY IN THE AMOUNT OF $150,000." By unanimous consent, full reading of Resolution Number 3100 was waived. The City Manager stated the subject funds were approved in the 1980-81 budget and that the proposed resolution merely affirms that the funds were loaned to the Agency. Councilman Supple expressed I his support of this policy 'and moved to adopt Resolution Number 3100 as presented. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried RESOLUTIONS NUMBERED ~lOl, 3102, 3103 and 3104 - ESTABLISHING SALARY and WAGE SCHEDULES and EMPLOYEE BENEFITS Resolution Number 3101 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AUTHORIZING THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEFITS AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." Resolution Number 3102 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AUTHORIZING THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEFITS FOR THE FIRE DEPARTMENT, I AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." Resolution Number 3103 was presented to Council entitled "A RESOLUTION 9-14-81 I OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AUTHORIZING THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEFITS FOR THE POLICE DEPARTMENT, AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." Resolution Number 3104 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTERED CITY, ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AUTHORIZING THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEFITS AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." I By unanimous consent, full reading of Resolutions Numbered 3101, 3102, 3103 and 3104 was waived. Supple moved, second by Kredell, to adopt Resolutions Numbered 3101, 3102, 3103 and 3104 as presented. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried The City Manager reported that Master M. O. U.'s were complete and attached to the respective resolutions for the Employee's Association, the Fire Department and the Police Department. CONSENT CALENDAR I Item "P" was removed from the Consent Calendar for abstention by Councilman Kredell as he was absent from the August 24th meeting. Vanderstaay moved, second by Kredell, to approve the recommended action for items on the Consent Calendar except Item "P" as presented. Q., Approved regular demands numbered 41276 through 41528 in the amount of $146,585.65; payroll of August 27, 1981 plus demands numbered 33101 through 33102 in the amount of $159,467.23 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. R. Received and filed memorandum from the City Manager responding to Councilman Seitz's questions regarding the department of Water and Power Open Space Grant. 9-14-81 S. Authorized payment of claim submitted by Richard Famighetti in the amount of $80, upon receipt of the appropriate release from the claimant. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried I Items Removed From the Consent Calendar ITEM "P" - MINUTES Supple moved, second by Vanderstaay, to approve the minutes of the regular adjourned meeting of August 24, 1981 ~d the regular meeting of August 24, 1981 as presented. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: None ABSTAIN: Kredell Motion carried RESIGNATION - APPOINTMENT - REDISTRICTING COMMITTEE Laszlo moved, second by Supple, to appoint Mr. Bob Wucetich, 3560 Daisy Avenue, to the Redistricting Committee from Councilmanic District Four and accept the resignation of Mrs. Audrey Akeson. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay I NOES: None Motion ca=ied VOTING DELEGATE - ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE Vanderstaay moved, second by Kredell, to appoint Mayor Laszlo as the voting delegate to the Annual League of California Cities Conference in San Francisco, October 16 through October 20, 1981. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion ca=ied Vanderstaay moved, second by Laszlo, to appoint Councilman Seitz as the alternate voting delegate to the Conference. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion ca=ied AGENDA ITEMS "V" and "W" - AWARD OF BID - TREATMENT OF TERMITES and REPORT - OLD POLICE/CITY HALL BUILDING I It was the order of the Chair with consent of the Council to hold over consideration of agenda items "V" and "W" until next meeting. COUNCIL REQUESTS OF THE CITY MANAGER/REPORTS Councilman Supple spoke regarding the present status of the Department 9-14-81 of Water and Power property. Councilman Kredell inquired about street sweeping schedule on Ocean Avenue and the stub streets, asked when the beach sand berm would be in place and suggested that any costs incurred from the recent oil spill be pursued for reimbursement to the city. I Mayor Laszlo asked the procedure for requesting verbatim transcripts of the minutes. Councilmember Vanderstaay inquired if the I.S.I. Grant-grams are being reviewed and inquired about the status of the sale of SB99 Bonds. ORAL COMMUNICATIONS Mayor Laszlo declared oral communications open from the audience. Mrs. Joyce Risner, Driftwood Avenue, referred to the Coastal Commission approval of the Department of Water and Power property plan in concept only and suggested that the 70/30 land use proposed for that site be reviewed. There were no other oral communications; Mayor Laszlo declared oral communications closed. ADJOURNMENT I Vanderstaay moved, second by Seitz, to adjourn the meeting at 12:36 p.m. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried App~ -?i~-i. rd~ ayor -- Attest: I