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HomeMy WebLinkAboutCC Min 1981-09-28 9-28-81 Seal Beach, California September 28, 1981 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Laszlo Councilmembers Kredell, Seitz, Supple, Vanderstaay Absent: None Also present: Mr. Parker, City Manager Mr. Stepanicich, Assistant City Attorney Mr. Johnson, City Engineer/Director of Public Works Mr. Antos, Associate Planner Mr. Osteen, Recreation Director Mr. Joseph, Assistant City Manager Mrs, Sullivan, Deputy City Clerk WAIVER OF FULL READING Seitz moved, second by Vanderstaay, 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 the title unless specific request is made at that time for the I reading of such ordinance or resolution. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried PRESENTATIONS - CITY EMPLOYEES Mayor Laszlo presented plaques to five city employees in appreciation for their dedicated and faithful employment with the City of Seal Beach and service to the community as follows: Captain Al Chafe, 25 year employee; Ken Heggstrom, 22 year employee; Sergeant Wilmot "Bill" Lewis, 20 year employee; Al Lopez, 29 year employee; and Sergeant Gary Buzzard, 24 year employee, who was not present. Mayor Laszlo and members of the Council offered congratulations to each of the recipients present. PROCLAMATIONS I Mayor Laszlo proclaimed October 6, 1981 as "Share-A-Ride" Day.- Mayor Laszlo proclaimed the week of October 4th through October 10th, 1981 as "Fire Prevention Week," Mayor Laszlo proclaimed the month of October 1981 as "Escrow Month." Mayor Laszlo proclaimed the months of October and November, 1981 as "United Way Months." 9-28-81 I RESOLUTION NUMBER 3105 - GRANTING APPEAL A-2-81 - SHADDOX Resolution Number 3105 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH GRANTING APPEAL A-2-81 FILED ON THE PLANNING COMMISSION'S DENIAL OF VARIANCE V-3-81." By unanimous consent, full reading of Resolution Number 3105 was waived. The Associate Planner presented the staff report and actions of the Planning Commission. The City Manager requested that the 'Resolved' clause be amended to read "...does hereby grant Appeal A-2-8l and V-3-81." Kredell moved, second by Laszlo, to adopt Resolution Number 3105 as amended. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried RESOLUTION NUMBER 3106 - PERMIT TO REDRILL - HELLMAN NO. 23 and NO. 41 Resolution Number 3106 was presented to Council entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL GRANTING A COUNCIL PERMIT TO DRILL AND DIRECTING THE CITY MANAGER TO ISSUE A DRILLING PERMIT FOR THE REWORKING OF TWO EXISTING OIL WELLS, HELLMAN NO. 23 and NO. 41." By unanimous consent, full reading of Resolution Number 3106 was waived. The Associate Planner presented the staff report and recommended adoption of the proposed resolution. The City Manager recommended the second 'Whereas' be amended to read "...legal description on file and attached hereto as Exhibit "A"," Mr. John Richardson, representing the Hellman Estate, responded to questions posed by Council, stated the subject wells currently exist and are not in the area proposed for residential development and spoke regarding oil royalties previously paid to property owners and those currently paid to the School District and to the City. Supple moved, second by Vanderstaay, to adopt Resolution Number 3106 as amended. AYES: Krede11, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried CONSENT CALENDAR Mayor Laszlo requested Item "G" removed from the Consent Calendar; Councilmember Vanderstaay requested Item "K" removed from the Consent Calendar and a member of the audience requested Item "L" removed. I I 9- 28-81 Supple moved, second by Vanderstaay, to approve the recommended action for items on the Consent Calendar as presented except Items "G, K and Ln. AYES: NOES: H, Approved regular demands numbered 41529 through 41634 in the amount of $332,129.24; payroll of September 10, 1981 plus demands numbered 33103 through 33116 in the amount of $142,874.04 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same, Accepted the recommendation of the Architectural Review Committee to grant Mr. George Armstrong conceptual approval of the restoration plans for the Sunset Beach Water Tower. Denied the claim of Food Services Industries, Inc. (formerly Eastern Pacific Pickle Company) for personnel and property damages and referred same to the city's insurance adjuster for investigation. Approved the continuation of the existing agreement between the City of Seal Beach and the Old Town Business Association for a six month period expiring March 31, 1982, for use of the Eighth Street Parking Lot. Kredell, Laszlo, Seitz, Supple, Vanderstaay None Motion carried I I 1. J, M. Items Removed From the Consent Calendar ITEM "G" - APPROVAL OF MINUTES Mayor Laszlo moved that the tape recording of the September 14, 1981 Council meeting be retained until such time the City Council authorizes its destruction, noting the request was related to the cable television discussion, Councilmember Vanderstaay seconded the motion. AYES: Krede11, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried Laszlo moved, second by Vanderstaay, to approve the minutes of the regular City Council meeting of September 14, 1981 as presented. I 9-28-81 AYES: NOES: Krede11, Laszlo, Seitz, Supple, Vanderstaay None Motion carried I ITEM "K" - 15th ANNUAL JUNIOR HIGH SCHOOL BAND REVIEW Councilmember Vanderstaay inquired if city funds had been budgeted for this item; the City Manager 'affirmed that they were. Councilmember Kredell requested that adequate portable restroom facilities be made available for this event, Vanderstaay moved, second by Laszlo, to approve the November 14, 1981 date for the 15th Annual Seal Beach Junior High School Band Review and authorize the city's participation. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried ITEM "L" - DRAFT LAND USE PLAN - LOCAL COASTAL PROGRAM The City Manager stated this item was presented to the Council for information only, that the Council approved Draft Land Use Plan has been withdrawn from consideration by the Coastal Commission at this time pending appropriate action on the part of the City to amend the Plan to include the Hellman Specific Plan and use and development standards for the nine acre Department of Water and Power site. Supple moved, second by Vanderstaay, to receive and file the memorandum from the City Manager dated September 21st. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried CABLE TELEVISION The Assistant City Manager stated that this item had been continued from the meeting of September 14th, reviewed the alternatives available to the Council and the pl'ocedures to implement same. Kredell,moved, second by Vanderstaay, that presentations of new or additional infor- mation by the cable companies be limited to five minutes each. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried As requested by Councilman Seitz, the City Manager presented a brief summary of anticipated appropriations for the 1982-83 fiscal year, that budget expected to be out of balance by approximately a quarter of a million dollars with no provision for capital expenditures. Mr. I I 9-28-81 Parker stated it would be his recommendation, should prepaid franchise fees be received the City, that such funds be invested and that only the interest derived be used for City operations and that other sources of revenue be pursued, and noted the necessity for replacement of equipment and capital expenditures in the near future. Councilman Supple referred to an analysis he had prepared comparing the present value of the two cable proposals based on varied interest rates. Mayor Laszlo inquired about the legalityr;of the rate within Leisure World should the remainder of the City pay a higher fee. The City Manager reported that the City Attorney had provided a written opinion stating that under the existing franchise in Leisure World and as long as that system is not updated or brought on line with the remainder of the City, the present service rate would hold, however, if the system is expanded or upgraded an adjustment of the fee to that which the remainder of the City 'will pay would be necessary, and that the option of establishing a senior citizen rate throughout the City could be considered. Mr, Chin, Area Manager for Tele- prompter, verified the present Leisure World rate as it would and does exist pursuant to the contract assumed by the present Teleprompter ownership for Leisure World, stated a citywide senior citizen rate was feasible, noting that Leisure World would be defined as a retire- ment community rather than senior citizen, and suggested the age definition be clearly defined in the ordinance granting the franchise. Mr. Chin explained Teleprompter's intent to replace existing cables in Leisure World with the type that would be used throughout the franchise area and reviewed the rates for different types of service options and the charge for the emergency medical alert. Council discussion continued regarding the length of time the initial rates will be guaranteed, the b~sis for establishing the amount of rate increases, the type of agreement that could be negotiated with the PCTA, legal stipulations for a non-exclusive agreement, revocation provisions for non-performance, and possibility of a five year con- tract with two renegotiable options contingent upon maintenance of the system and programming standards. A member of the audience I I I 9-28-81 I presented a review of his analysis of the two franchise proposals and of the PCTA, expressed his' desire that a cultural channel be included in the programming and voiced concern regarding responsiveness on the part of the cab~e companies to viewer requests and/or dissatisfaction with the programs offered, The representative from Teleprompter stated the franchise ordinance would provide substantial penalty clauses to guarantee performance by the cable firm and that a $75,000 fund would also be established that would allow the city to implement any upgrading should the cable firm fail to do so, and that the franchise ordinance would require review of new programming as it becomes available. Mr. Chin stated further that a foundation, appointed by the City Council, would be established as a liason between the community and the cable company, and again, the franchise ordinance should clearly reflect 'the city's requirements relating to the procedures and remedies for handling complaints. Liane Langevin, Vice President of California Cable Systems, spoke regarding the term of the cable franchise, invok- ing penalty provisions versus cooperation between the city and the franchisee, standard bonding requirements, stated California Cable deals with complaints through a marketing manager and consumer relations department, and that frequent surveys are conducted nation- wide to determine consumer satisfaction with programming. With reference to the PCTA, Ms. Langevin reported that monthly meetings are held with the Board of Directors and are open to the public, at which time suggestions and complaints are aired and considered. Ms. Langevin stated California Cable Company's proposal offered four art channels, satellite capabilities and local origination, It was stated the PCTA provides two art channels at this time. Other points discussed were the possibility of obsolescence within a ten year period, capital investment by the cable firm, potential political impact on other communities with the award of this franchise. Councilman Supple suggested consideration of postponing this discussion until next meeting; it was the consensus of the Council to make a determination at this meeting. Mayor Laszlo moved to join the Public Cable Television Authority. There was no second to the motion. Councilman Kredell expressed his I I 9-28-81 support for accepting the proposal submitted by Teleprompter to provide cable television services for Seal Beach. Discussion continued. Councilman Kredell moved to set a public hearing for Tuesday, October 27, 1981, for the purpose of awarding the cable television franchise. Councilmember Vanderstaay seconded the motion, AYES: Kredell, Seitz, Supple, Vanderstaay NOES: Laszlo Motion carried Mayor Laszlo declared a recess at 9:17 p.m. The meeting reconvened at 9:30 p.m. with Mayor Laszlo calling the meeting to order. Mayor Laszlo requested that during the cable franchise negotiations, coverage of Los A1amitos School District Events be considered. REPORT - FISCAL SOLVENCY The City Manager presented his report setting forth various recommen- dations for fEcal solvency, as had been requested by the City Council during budget hearings. Mr. Parker stated his report was based on the assumption that the character of Seal Beach would remain that of a beach oriented, residential community with few opportunities for commercial or industrial growth, that state and federal aid will not be available to cities in the future, and that inflation and the cost of delivering services will continue to escalate. Mr. Parker explained the report addressed the current fiscal status of the city, a revenue and cost analysis, proposals for reducing operating costs, maintenance of cash reserves, redevelopment proposals, analysis of city-owned surplus property and potential of municipal homeowners insurance. Mr. Parker stated the report was provided for information of the Council at this time and suggested a workshop be scheduled for an indepth discussion of the recommendations. Discussion followed regarding inclusion of the Safeway and Rossmoor Shopping Centers in the Agency area, disposal of surplus property, Agency repayment of debt to the city, and the time span for the Hellman development. Supple'moved, second by Vanderstaay, to receive and file the City Manager's report and that a date be established at next meeting to conduct a public workshop to discuss the City Manager's recommendations. AYES: Laszlo, Seitz, Supple, Vanderstaay NOES: Kredell Motion carried I I I 9-28-81 I REPORT - DEPARTMENT OF WATER AND POWER PROPERTY The City Manager presented a status report regarding the Department of Water and Power site. Mr. Parker stated seven developers have indicated an interest in developing the site which include three proposals for hotel development, three for residential and one for an office complex. The City Manager reported a recent meeting with the Coastal Commission staff in view of the fact no developer has been willing to develop the site in accordance with the original concept plan of residential over visitor serving commercial. Mr. Parker stated the Commission staff had indicated that visitor serving commercial development is preferred, that residential only development would not be favored, that in the event visitor serving commercial could not be developed, the Commission could choose to allow no development pending a possible future commercial use, and that the 70 percent open space, 30 percent develop- ment of the site is st211 a mandate. The City Manager noted that of the proposals submitted to date, a hotel development would be the most acceptable to the Coastal Commission, recommended that potential developers be invited to make presentations to the Council and the community, at which time a Council decision as to whether or not a hotel development would be acceptable would be in order and that designation of land use be considered. Mr. Parker also recommended that the city continue to be actively involved in negotiation for the development of that site in order to protect the city's best interest. Discussion followed. Laszlo moved, second by Kredel1, to refer the land use designation of the Department of Water and Power site to the Planning Commission for study, with the recommenda- tion that the 70/30 concept be a consideration. Councilman Supple stated he could support the motion as long as the Planning Commission is made aware of the Council's desire to retain local control for development of the site. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried Councilman Seitz expressed concern with strict land use designation not allowing some future flexibility and moved to direct the staff to I I 9-28-81 pursue a thirty percent commercial, revenue producing use in accordance with the Coastal Conservancy Plan, that a report be presented to Council for review of proposals. Mr. J. Hagadorn, 409 Emerald Place, presented a letter for the record from the San Gabriel-Pacific Park Society, referring to optional visitor serving commercial uses for the DWP site and supporting the recommendation to review all proposals at the earliest possible date. There was no second to the motion on the floor. Seitz moved, second by Kredell, that all proposals for develop- ment of the Department of Water and Power site within the 70/30 land use ratio be presented to Council within six weeks for consideration, and that a financial analysis also be provided if possible. AYES: Kredel1, Laszlo, Seitz, Supple, Vanderstaay NOES: Motion ca=ied None Councilman Supple stated that in view of the city's financial position it is not a sound economic recommendation to remove seventy percent of this land from the tax rolls, citing on-going maintenance costs and a non-revenue producing use, AWARD OF BID - TREATMENT OF TERMITES - ADMINISTRATION BUILDINGS/POLICE BUILDING - PROJECT NUMBER 517 Bids were received and opened by the City Clerk at 2:00 p.m., September 4, 1981 for Project Number 517, Treatment of Drywood Termites and Subterranean Termites for the City Administration Building, City Council Chambers and the Old Police Building, as follows: Americana Termite Company $6875.00 Reese Termite Control Company 8992.00 Kredell moved, second by Vanderstaay, to award the bid to the lowest responsible bidder, Americana Termite Company, in the amount of $6875.00 and reject all other bids. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: Motion carried None REPORT - OLD POLICE/CITY HALL BUILDING The City Manager presented the staff 1eport regarding the proposed sale of the old Police/City Hall Building to Newman Brettin Properties of Long Beach who have proposed to purchase and rehabilitate the building I I I 9-28-81 ~ and relocate their general offices at this location. Mr. Parker explained that a long term lease was not acceptable to Newman Brettin due to the substantial rehabilitation costs involved and the need for mortgage financing. Mr. Parker noted that the sale of the building would eliminate city maintenance costs for the structure, restore and preserve the architectural/historical value of the building, provide revenue from its saie and place the property on the tax rolls and provide a compatible use adjacent to the City Hall. Mr. Parker stated that Newman Brettin had offered to: lease 30CO square feet of office space to the city at the end of five and ten years should future expansion of City Hall offices be necessary. Discussion followed regarding the need to obtain a structural evaluation to determine the extent of structural repair to bring the building into conformance with city codes and to obtain estimated costs of repair, the estimated land value and/or revenue to be derived from the sale of the site, procedures for offering the property for sale through an open bid process, demolition and rebuilding of the structure versus restoration, possible future need to utilize the site for city office expansion or parking facility, and disposal of the existing parking lot adjacent to the Fire Station. Mr. Harry Newman, Chairman, Newman Brettin Properties, addressed the Council and expressed their firm's interest in preserving historical buildings, explained their intent to preserve the exterior architecture and as much of the interior as possible, referred to city use of office space at the end of five and ten years, and responded that any tax advantages relating to the preservation of the building would be explored by their firm. Supple moved, second by Vanderstaay, to authorize the City Manager and the City Attorney to prepare an appropriate exclusive negotiating contract with Newman Brettin Properties for the sale/purchase of the old POlice/City Hall Building. Councilman Seitz urged that the minimum purchase price for the building be based upon the unencumbered, fair market value of the land. AYES: Krede11, Laszlo, Supple, Vanderstaay NOES: Seitz Motion carried The City Manager requested the Council meet in Closed Session at the end of the agenda to discuss a legal matter relating to a claim against the City. I I 9-28-81 ~ WRITTEN COMMUNICATION - BOARD and COMMISSION APPOINTMENTS A written communication from Mrs. Joyce Risner, 845 Driftwood Avenue, presented to the City Council on August 10, 1981 was included on the agenda for discussion relating to appointments to City Boards and a specific procedure for appointments to Boards and Commissions, that ~ Commissions, Councilman Seitz indicated his support for establishing all appointments be made on the basis of one appointment per district by that Council representative, Mrs. R~sner addressed the Council and spoke in support of limiting citizen appointments to only one Board or Commission at a time, encouraging more citizen participation in local government and urged the Council to consider establishing such guidelines, Councilman Supple pointed out that on occasion ad hoc committees are formed to study a matter that is of local interest only to a specific area. Councilman Kredell stated he felt a Council representative should have the option of making appointments of his choice. The City Attorney defined a Board or Commission as being established by ordinance in compliance with the City Charter and a I Committee as being established by Council' on a temporary or long term basis to consider and investigate specific matters. There was no action taken on this item; the communication to be received and filed. ORAL COMMUNICATIONS Mayor Laszlo declared oral communications open from the audience. Dee Stout, speaking on behalf of the senior citizens, requested bus benches be placed on Electric Avenue for convenience of the seniors. Seitz moved, second by Kredell, that the staff investigate the possibility of reestablishing bus stops on Electric Avenue and report to Council at next meeting, AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried communications closed. I There were no other oral communications; Mayor Laszlo declared oral CLOSED SESSION It was the order of the Chair, with consent of the Council, to recess the meeting to Closed Session at 11:30 p.m. The meeting reconvened 9-28-81 / 10-12-81 at 11:43 with Mayor Laszlo calling the meeting to order. The City Attorney reported the Council had discussed a legal action and a personnel matter. ADJOURNMENT I Seitz moved, second by Vanderstaay, to adjourn the meeting at 11:45 p.m. AYES: Kredell, Laszlo, Seitz, Supple, Vanderstaay NOES: None Motion carried APproved~ A -- ...L, Mayor AU"" ~..-"A(jk City Clerk .d,~ - I Seal Beach, California October 12, 1981 The City Council of the City of Seal Beach met in regular session at 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 Krede11, Seitz, Supple, Vanderstaay Absent: None Also present: Mr. Parker, City Manager Mr. Stepanicich, Assistant City Attorney Mr. Johnson, City Engineer/Director of Public Works Chief Picas cia, Police Department Mr. Antos, Associate Planner Mr. Joseph, Assistant City Manager Mrs, Yeo, City Clerk I WAIVER OF FULL READING Krede11 moved, second by Vanderstaay, to waive reading in full of all ordinances and resolutions, and that consent to the waiver of reading