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HomeMy WebLinkAboutCC Min 1999-12-13 11-22-99 / 12-13-99 litigation pursuant to Government Code section 54956.9(b), and a public employee performance evaluation of the City Manager pursuant to Government Code Section 54957. By unanimous consent, the Council adjourned to Closed Session at 7:57 p.m. and reconvened. at 9:03 p.m. with Mayor Yost and Councilmember Campbell not present. The City Attorney I reported the Council had discussed the items previously identified, gave direction to the City Attorney, and no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 9:04 clerk Approved: qy'M Attest: I Seal Beach, California December 13, 1999 The City Council of the City of Seal Beach met in regular session at 7:01 p.m. with Mayor ProTem Doane calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Doane Councilmembers Boyd, Campbell, Snow Absent: Mayor Yost Boyd moved, second by Doane, to excuse the absence of Mayor Yost from this meeting. ..AYES: NOES: ABSENT: Boyd, Campbell, Doane, Snow None Yost Motion carried I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Chief Cushman, Lifeguard Department Ms. Beard, Director of Recreation and Parks M~.Yeo, City Clerk 12-13-99 I WAIVER OF FULL READING The Council, by unanimous consent, waived 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 Councilmernbers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. APPROVAL OF AGENDA Mayor ProTem Doane encouraged the public to direct their comments to the items listed on the agenda at the first Public Comment period, other issues may be brought up at the second Comment period. Councilmember Campbell'requested that Items "'s, U, and X" be removed from the Consent Calendar for separate consideration, and, asked if the public would be allowed to comment on.Item "C", the Old Ranch Tennis Club site plan. In the ab~ence of an indicated agreement, Councilmember Campbell moved to allow public comments to\Item "C". Councilman Boyd seconded the motion. AYES: NOES: ABSTAIN: ABSENT: Boyd, Campbell Doane Snow Yost Motion carried I A member of the audience requested Item "R" removed from the Consent Calendar for separate consideration, Councilman Boyd requested Item "N" removed, a'member of the audience requested Items "Y~l, 'Y-2, and ZOO removed, and.Coundilman Snow asked for the opportunity for clarification, rather than discussion, of certain items. Boyd moved, second by Campbell, to approve the order of the agenda as revised. AYES: NOES: ABSENT: Boyd, Campbell, Doane, Snow None Yost Motion carried PRESENTATIONS I RECOGNITION - DETECTIVE DARRELL HARDIN Chief Sellers expressed pleasure at having th~ opportunity" to recognize an employee of the Police Department for twenty years of dedicated service to the community, and introduced Detective Darrell Hardin. Mayor ProTem Doane presented a commemorative Seal Beach plaque to Detective Hardin in recognition of his services. In addition, .Chief Sellers read in full the Police Meritorious Service Award, the highest award of the Department for those members who distinguish themselves by performing exceptional service in a duty of great responsibility or of critical importance to law enforcement, and recognized Detective Hardin for his outstanding, exemplary efforts on behalf of the Seal Beach Police Department and law enforcement in general. Detective Hardin was presented the Meritorious Service Medal by his wife and the written commendation by Chief Sellers. Detective Hardin introduced the members of 'his family, expressed appreciation to the Chief and the Council for the recognition, and gratitude to his family and the officers with whom he. has worked. UNITED STATES LIFESAVING ASSOCIATION CERTIFICATION Chief Cushman and Lieutenant Pounds addressed the Council, and read in full the united States Lifesaving Association, Advanced Lifeguard Agency Certification, Seal Beach having been found to be in compliance with USLA guidelines for 12-13-99 advanced open water lifeguard agencies with a commitment to provide a superior level of public safety in the open water environment, this certification effective through November 2002. Chief cushman commended Lieutenant Pounds for being instrumental in putting together this program over the past two years. The Lieutenant expressed pride in the certification of the Department, this the highest I certification that a lifeguard department can receive. REPORT - OLD RANCH TENNIS CLUB SITE Mayor ProTem Doane read a communication from Mayor Yost citing his reasons for placing this item on the Council agenda that said in part that there are several persons in his District and throughout the community who play tennis regularly and have asked for an update of the progress of the Tennis Club Committee, the Committee has finished its work and offer various options for the Tennis Club site should it become City property, also, the Committee is a public committee and its report is a public document, he would not tolerate a public document being used for political reasons, he is sensitive to the issues in College Park East, it should be kept in mind that people of college Park East suggested the options preferred by the Tennis Club Committee, stated as this moves forward he would give consideration to those who live nearest the site yet if the City takes title to the property it will be a City recreation facility. As a point' of background, the City Manager explained that this is a status report of the approximately nine month effort of the Committee, the subject site is a seven acre parcel owned by the Bixby Ranch Company known as the Bixby Tennis Club, zoned I for commercial development, in 1996 Bixby approached the City with a plan to develop the property commercially with a Marriott Senior Care Facility, at that,point plans were about to be processed to demolish the tennis facility to allow development of the Senior Care facility and other uses. He stated that at that time the City and Bixby mutually agreed to resume discussions of a comprehensive development plan that would, among other things, preserve the Tennis Club site as a park and recreation facility, plans were subsequently approved that would result in the dedication of that site to the City along with a $1 million contribution to be applied to improvements for recreation and park purposes. He noted that subsequently a Committee was established to advise the Council of potential uses, the committee consisted of eighteen College Park East residents, chaired by Ms. Shelley Sustarsic, with the Recreation Director serving as the City liaison, during that period of time litigation was initiated in which the City prevailed, and now, the Towne Center and the Tennis Club site is involved in a referendum election. The Manager suggested that recognition should be given to the members of the Committee for their efforts, looking at the site as a City amenity while keeping in mind the needs and concerns of those residing in the immediate area yet not just College Park East but the community as a whole, the result I being the conceptual plans now presented. He noted that it is the legal responsibility of the City to disclose the work product of this Council appointed Committee, everyone needs to have the opportunity to look at and comment on the proposals should the City ultimately assume' title to the property, this too provides opportunity for a thorough community dialogue on this new, significant park and recreation asset. The Recreation and Parks Director expressed appreciation for the process that this Committee went through during the past I I I 12-13-99 months, and commended Ms. Sustarsic for her leadership of the Committee. The Director explained that when first formed the Committee members were given the assignment to look at the site and determine its best use for the community. She said initially the Committee developed a goal that reads 'it is the purpose of this committee to develop recommendations for the use of the Old Ranch Tennis Facility following the dedication of the property to the City of Seal Beach, the recommendations will be presented to the Parks and Recreation Commission, the Commission will then present its recommendations and findings to the City Council for their review and final guidance to the development, or non- development, of the property', also, a mission statement that 'this committee will develop recommendations for the best and highest use of the Old Ranch Tennis Club property for the community.' She noted that the Committee became familiar with the existing tennis facility, met on-site at the clubhouse, the Committee studied financial records of the existing operation made available by the Bixby Company, met with fellow community members, potential tennis club site directors and landscape architects to capture a broad vision of the possibilities, developed site ideas and l~ndscape plans for possible development options. The Director noted that the seven acre site currently contains sixteen tennis courts, twelve of which are lighted, a two thousand one hundred square foot clubhouse including a small kitchen, lounge area, pro shop and office, a three thousand two hundred square foot locker/shower/restroom facility, a one thousand square foot workout room, and the club is landscaped both within and outside its walls. It was understood that upon dedication to the City the Bixby Company would donate $1 million for renovation of the facility, the Committee developed a wish list of elements believed to be important in a community serving facility, each element was ranked by importance by the members of the Committee, concurrently the Committee sought Requests for Qualifications from tennis site directors to assist in determining the viability of the site as it currently exists with the sixteen courts or smaller configurations of twelve or eight courts. There was re~ponse from four potential operators, there were two options, retain the sixteen courts and hire an operator of the club, the second option was to redesign the site and if combined with other community recreation activities the Committee was prepared to offer the most valued uses such as community meeting space, after school opportunities for school age children, a small community pool, a message area, tennis, volleyball and basketball courts, a tot lot, roller blade and skate boarding opportunities. with that information at hand the Committee began to narrow the options available, the most obvious was to leave the sit'e intact with sixteen courts and hire an operator, the funds that would corne with the site would be to upgrade the club or be saved for future development of the site, an alternative was the subject of several meetings and encompassed as many of the highest ranking activities possible while keeping within the budget of $1 million. The intent of the Committee was to develop a couple of site plans and through the process the Committee took the top priority ideas, developed one site plan with alternative site options, that mixed plan would be to leave the eleven tennis courts and the shower/dressing room areas to an operator, one thousand square feet of the new community center would be set aside for the operator usej primarily the pro shop area, the remainder of the site would be developed into a community recreation facility, commencing with expansion of the existing two thousand one hundred square 12-13-99 foot clubhouse, increasing same to a five thousand square foot community center, the building would open at the end to a tiled outdoor stage and performance area overlooking a, green pasture and park, the facility would open to Basswood and Aster Streets giving nearby residents view of a park setting rather than the current cinderblock wall, the park would include trees and hardscape and a pathway for I activities such as bike riding and walking, include a tot lot and picnic shelter. The site would include two pay-for-play options, a skate park and a splash pool of about forty by sixty feet, zero depth, with some spray options, this would be a seasonal operation with the opportunity for young children to take swim lessons, an option would ,be to substitute another set of half basketball courts for the pool. The Director noted concern of the committee that the needs of school age children be met in that there are more than eight hundred public school children that live in College Park East. She mentioned that parking, concerns were discussed, the Club currently has seventy-seven spaces, it was anticipated that more spaces might be needed to accommodate the additional amenities at the site, howeVer there are no Code regulations requiring a specific ratio of parking spaces for a recreational site, options were explored, one would be to remove the tot lot and picnic shelter, deteriorated beyond repair, from Bluebell Park which is adjacent to the Tennis Club, also remove the basketball court that is in need of resurfacing and is adjacent to a residence, place those play elements in the new park, losing none of those activities nor green space from Bluebell Park, then a new landscaped area with twenty parking spaces could I be created at Bluebell, this would take approximately one- fourth of the existing Park acreage. The Director presented the Committee options for consideration of 1) the current sixteen tennis court configuration; 2) a combined community center site with a smaller, eleven court tennis club site with options for a five thousand square foot community center, a six thousand three hundred square foot community center, a splash pool, or substitute an additional half basketball court for the pool, and the creation of a twenty- space parking lot at Bluebell Park. She mentioned too that the committee will reconvene in March, take the plan to the community, prepare a presentation for the Parks and Recreation Commission for public hearing and then presentation to the Council. To an inquiry, Councilmember Campbell responded that there are one thousand seven hundred thirty homes in College Park East, about five thousand residents. It was clarified that should progress continue on the project the $1 million would be earmarked specifically for this site, 'also, the intent is to charge a fee for use of the pool and the skateboard facility as well as any classes or activities that may be offered through, the community center. ' Mr. John Unrath, College Park East, read a letter from I Lorraine Navarro, unable to attend this meeting, expressing . concern over the decision of the Council to agendize the tennis site committee proposal and options, that this proposed development, use and purpose of the Tennis Club site will naturally impact the residents of College Park East and draw from that community, and requested that College Park East residents be afforded the opportunity to review and vote on any future proposal for the si~e before general City discussion and until after the March elections. As a member of the Committee, Mr. Unrath commended their efforts, indicated support for the proposal displayed, however he too 12-13-99 I suggested this issue be delayed. Mr. Bob Bolling, College Park East, also a member of the Committee, mentioned, that the lowest figure determined to achieve the improvements was $1.24 million, Bixby would be providing $1 million, and questioned if the City could provide the remaining $240,000 to fund the proposal. He too suggested this be postponed until after the March referendum election, let the College Park East residents take a straw vote at least, and although this may be a City facility, it affects College Park the most. In response to Ms. Audrey Kime, the Director of Recreation re-read the mission statement of the Committee. Ms. Kime stated that most of those on the committee were surprised that this matter was placed on the agenda, there has not' been opportunity to take this matter to the residents of College Park East as was stated in the mission statement, they should be advised of the proposal first, there is no disagreement with the proposal per se just with the timing, it is unfortunate. Mr. Gordon Shanks, Surf Place, offered that when College Park East was built there was not even one school, schools have playgrounds, a place for recreation, there was not a park until the area was half built, there should have been at least two schools but they were not built because of the proximity to the air base, claimed that College Park East has been treated poorly, they have tried to pick up recreation space as time has gone on, and from that standpoint College Park East should be given due consideration. Ms. Sue Corbin, Seal Beach, claimed that she had never seen the Committee meetings posted as she believed the Brown Act requires, the public needed to be noticed, therefore anything that resulted would not be properly arrived at. She charged that this is an attempt to influence the vote, people are being told that a reduction of the utility tax is based on the referendum. The issue of the tennis facility should not be tied to the election, there is no certainty as to what will be developed, the presentation for the tennis facility is no more than a proposal which should be considered at a much later time. I I Councilman Boyd said he had been prepared to pull this item from the agenda however it was understood there were persons present who wished to speak to it, this presentation is for informational purposes only, not for a decision, and yes this issue has become politicized because of the referendum and persons speaking on both sides of that ballot measure, it would be presumed that any future discussion would be for decision making, that after review by College Park East and the Parks and Recreation Commission, the people of CPE should have the greatest say in this decision, the plan shown is very good, it adds recreational benefits to College Park East, and as a regionally diverse City each area needs resources such as those mentioned by a speaker. Councilmember Campbell said this is not a matter of hiding a public document, rather, that it should be presented to College Park East first, the Committee in fact voted to set aside the proposal until the outcome of the referendum is known, she had requested that the City Manager not place the item on the agenda pending the election however her request and that of the Committee was ignored, this has been made political, there is no respect for the people of College Park East. Mayor ProTem Doane noted the comments of a speaker with regard to funding, which should be looked at further as there may be need to budget additional monies or cut back on the proposal. Councilman Snow inquired as to the timeliness 12-13-99 of presenting this report, to that the City Manager responded that had this not been presented to the Council and public now it is likely, given the knowledge that the Committee has been working on the proposal for several months, that a newspaper could have approached the City for the Committee report and it would have become a news item prior to I presentation to Council. PUBLIC COMMENTS Mayor ProTem Doane declared Public Comments to be open. Ms. Seretta Fielding, Seal Beach Boulevard, twenty year resident, sixteen on the Boulevard, said she was present to express appreciation to the Recreation Director, City Manager, and the Naval Weapons Station for finally doing something in the 200 and 300 blocks of the Boulevard, the planting of grass on the Station, the trees skinned and weeds removed which makes the Boulevard look somewhat decent, then said there are persons in Seal Beach that have not had to wait sixteen years for improvements, suggesting that as the Council considers their projects they need to take advantage of opportunities as they come along, those on the Boulevard have never had those opportunities. Councilman Boyd noted the historical landmark of Anaheim Landing located on the Boulevard and the comments from a number of people that they were pleased to see the area cleaned. Mr. John Unrath, College Park East, reported that the College Park East Neighborhood Association held their Holiday In Heather Park event this past weekend, there were various activities, Santa on the Fire Engine, refreshments, and extended thanks to the Parks and Recreation Department for tables, chairs, etc., and to Mr. Bob Eagle for I all that he does. He also announced the Holiday.of Lights this coming weekend that will be judged on Saturday evening, and invited all to attend. Ms. Marilyn Hastings, Seal Beach, expressed concern with the negativity and personal attacks that has been occurring at the Council meetings, suggesting that differences should be dealt with on a one to one basis. She stated her appreciation for those who are watchdogs over City business as there are some truths in what they say. Ms. Hastings said she could not let 1999 or the century go by without presenting something positive, in the Old Town area the people take things upon themselves to do what needs to be done, to that she cited Jim Caviola and his brother-in-law, Bill, who have bought and planted trees and have committed to watering them once a week for two years, if one does not know who puts the Flags down Main Street on Memorial Day it is John Baker, the McGaugh pool needs refurbishing, it was Carla Watson who got a group together that raised $125,000 for that project that will be done by personal donations, now, Jim Watson wants, to plant trees on Ocean Aven~efrom First Street to Eisenhower Park, he has established a committee to do so, has raised $49,000 thus far, and noted that she has suggested establishing a foundation to collect monei to not only do Ocean Avenue but Seal Beach Boulevard next, and not the least, Jim Klisanin who chairs the Christmas parade each I year, this just an example of citizen/resident participation , in Old Town, in addition, Ms. Hastings commended the various members of City staff. She stressed the importance of talking out problems, during public input ,at meetings comments should be polite, considerate, and courteous, and wished all a wonderful New Year. Ms. Sue Corbin, Seal Beach, likened the comments of Ms. Hastings with a former member of the Council, praising the same things for Seal Beach, becoming an insider, she is a public person and as such I I I 12-13-99 should keep her comments or attacks to public people and not private persons, that opens the potential of litigation~ Ms. Corbin claimed a confrontation between the City Manager and an employee, that a part of a lawsuit, once again stated that the City will not make it if there are more lawsuits of $1 million or more per, the City Manager needs to go, he is costing the City money, ,violating the law, the Council has been put on notice, and for the public there is controlled free speech, not free speech, all of this is aiding the Bixby and Hellman projects. Mr. Reg Clewley, Seal Beach, said the speaker before last violated the rules as she did not state her name for the record. Ms. Hastings apologized, stated specifi9ally her name and address, her intent had only been to bring forth a holiday message. There being no further comments, Mayor ProTem Doane declared Public Corn11\ents to be closed. It was the consensus of the Council to declare a recess at 8:10 p.m. The Council ,reconvened at 8:21 p.m. with Mayor ProTem Doane calling the meeting to order. COUNCIL ITEMS ORDINANCE CONSIDERATION - WHISTLEBLOWER Councilmember Campbell inquired if the Council received a copy of a whistleblower ordinance and complaint procedures in their Council packets, the response was that they did not receive those items. Given that, Councilmember Campbell moved to continue this item until the next agenda. Councilman Boyd seconded the motion. AYES: NOES: ABSENT: Boyd, Campbell, Doane, Snow None Yost Motion carried The City Attorney noted that the ordinance and procedures mentioned were drafted in 1991, available also is a resolution from West Hollywood.' CONSENT'CALENDAR - ITEMS "E" thru "Z" Boyd moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented, except for Items "N, R, S, U, X, Y-1, Y-2, and Zoo, removed for separate consideration. E. Approved regular demands numbered 25557 through 25938 in the amount of $1,383,237.14, payroll demands numbered 05820 through 06097 in the amount of $281,007.84, the payroll liability account 000013-9000031 in the amount of $146,109.27, and authorized warrants to be drawn on the Treasury for same. F. Received and filed the Monthly Investment Report for October, 1999. G. Approved the declaration of surplus property and authorized staff to dispose of the vehicles through sale and/or auction. 12-13-99 H. Approved the minutes of the special meeting of November 1, 1999, the special adjourned and regular meetings of November 8, 1999, and the regular meeting of November 22, 1999. 1. Bids were received until 9:00 a.m.( December 6, 1999 for the McGaugh School Community Swimming Pool Renovation, project,Number 258, at which time they were publicly opened by the City Clerk as follows: I South Coast Pool Plastering, Inc. California Commercial Pools, Inc. Mission Pools of Escondido, Inc. 4-Con Engineering, Inc. $184,000 $228,945 $245,802 $279,160 Awarded the bid for the McGaugh Community Swimming Pool Renovation, Project Number 258, to South Coast Pool plastering, Inc. in the amount of $184,000, and authorized the City Manager to execute the contract on behalf of the City. J. Bids were received until 10:00 a.m., November 10, 1999 for a Portable Industrial Vacuum System (Water Department) at which time they were publicly opened by the City Clerk as follows: Pacific Tek Vermeer, Inc. $24,771.73 $26,571. 75 I Awarded the bid for a Portable Industrial Vacuum System to the lowest responsible bidder, Pacific Tek, in the amount of $24,771.73, and directed staff to execute a budget amendment for same. K. Approved the plans and specifications for the construction of Drainage Improvements on 10th Street, project Number 623, and authorized staff to initiate the bidding process. L. Bids were received until 10:00 a.m., November 18, 19~9 for the Seal Beach Boulevard Traffic Signal Coordination, Project Number 751, at which time they were publicly opened by the City Clerk as follows: Inspection Engineering Construction C T & F, Inc. Maverick Electric, Inc. Peak Traffic $119,357 $123,503 $139,500 $152,300 I Awarded the bid-for the construction of Seal Beach Boulevard Traffic Signal Coordination, Project Number 751, to Inspection Engineering Construction in the amount of $119,362, and, authorized the City Manager to execute the contract on behalf of the City. 12-13-99 M. Approved the plans and specifications for the Seal Beach pier Concrete Rehabilitation, Project Number 715, and authorized staff to initiate the bidding process; I o. Approved the Cooperative Agreement with the California Department of Transportation (CalTrans) for the removal of concrete bridge debris on the banks of the Anaheim Bay Channel, and authorized the Mayor Pro Tern to execute said Agreement on behalf of the City. P. Bids were received until 10:00 a.m., November 10, 1999 for a heavy duty 4 x 4 cab and chassis as a Beach Crew dump truck at which time they were publicly opened by the City Clerk as follows: Advantage Ford Lincoln Wondries Chevy and Geo Peck Road Truck Center $30,049.32 $28,616.91 $27,389.51 Awarded the bid for the heavy duty 4 x 4 cab and chassis to the lowest responsible bidder, Peck Road Truck Center, in the amount of $27,389.51, and authorized the purchase of a dump body for an amount not to exceed $5,000. I Q. Approved the Inter-Agency Services Agreement between the City of Seal Beach and the Rancho Santiago Community College District for the reimbursement of training costs for Lifeguard Department personnel. T. Received and filed the Archaeological Advisory Committee comment letter relating to the Draft Final Historic properties Evaluation Plan for sites 30-001502, 30-001503, and 30-001504, Naval Weapons Support Facility, Seal Beach, California, prepared by Mooney & Associates. V. Approved the one year renewal of the Parking Meter Service Agreement between the cities of Long Beach and Seal Beach for parking meter maintenance, repair, coin collection and software tracking, and authorized staff to execute said renewal on behalf of the City. W. Approved a one year extension (amendment number four) of the agreement between the Luraschi family and the City of Seal Beach relating to the historically significant Krenwinkle House, and authorized the Mayor ProTem to execute same on behalf of the City. I AYES: NOES: ABSENT: Boyd, Campbell, Doane, Snow None Yost Motion carried 12-13-99 ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "N" - PROFESSIONAL SERVICES AGREEMENT - DIGITAL AERIAL PHOTO Councilman Boyd said he received a response to his questions earlier in the day, not realizing that this type professional services does not require the formal bid process under the law as it is a negotiated price from specialized providers. Boyd moved, second by Snow, to approve the Professional Services Agreement with Landata Airborne Systems to provide digital aerial orthophotography at a cost not to exceed $26,000 and authorized the City Manager to ,execute same on behalf of the City. I AYES: NOES: ABSENT: Boyd, Campbell, Doane, Snow None Yost Motion carried ITEM "R" - RESOLUTION NUMBER 4773 - POLICE OFFICERS ASSOCIATION - SALARY/BENEFITS RESOLUTION NUMBER 4774 - POLICE MANAGEMENT ASSOCIATION - SALARY/BENEFITS Mr. Gordon Shanks, Surf Place, inquired if it is appropriate to list resolutions on the Consent Calendar for approval without separate discussion. Mr. Shanks was informed that resolutions are ,approved upon motion to approve the Consent Calendar, and frequently appear under that category of the agenda. It was explained that by the adoption of the proposed resolutions the negotiation process for these two employee units will be extended by six months. Boyd moved, second by Doane, to adopt Resolution Number 4773 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SEAL BEACH POLICE OFFICERS ASSOCIATION AND REPEALING ON THE EFFECTIVE DATE SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH" and Resolution Number 4774 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SEAL BEACH POLICE MANAGEMENT ASSOCIATION AND REPEALING ON THE EFFECTIVE DATE SPECIFIED ALL RESOLUTIONS IN ,CONFLICT THEREWITH." " By unanimous consent, full reading of Resolutions numbered 4773 and 4774 was waived. I AYES: NOES: ABSENT: Boyd, Campbell, Doane, Snow None Yost Motion carried ITEM "S" - BUILDING DEPARTMENT ACTIVITY SUMMARY Councilmember Campbell inquired if the, City does its own plan checks or is it contracted. The Director of Development Services explained that the plan check contractor is Melad and Associates, they have performed this service for the City for a number of years, some plans take three to four days, others nine or ten for the first review, there are generally corrections that need to be made and when resubmitted that takes about two to three days more, the cost of plan check is a percentage of the cost of the building permit, believed to be about thirty~five percent. Councilman Boyd expressed appreciation tO,staff for providing the building activity I I I I 12-13-99 summary, the time frames for plan check and information is beneficial to members of the Council when responding to constituents. Boyd moved, second by Campbell, to receive and file the Building Department Activity Summary for October, 1999. AYES: NOES: ABSENT: Boyd, Campbell, Doane, Snow None Yost Motion carried ITEM "u" - RESPONSE - GROUNDWATER FEASIBILITY STUDY REPORT - NAVAL WEAPONS STATION Councilmember Campbell made reference to exhibit page ES-5 where an arrow shows the general direction of the groundwater flow from northwest to southeast, however the groundwater flow in College Park East goes from the northeast to the southwest, questioning if the direction changes when the groundwater reaches the freeway. The Development Services Director explained that there is a tidal influence for the wetland areas, the groundwater flows are based on actual groundwater well measurements that have been taken over time and the flow does go towards the Weapons Station National wildlife Refuge. Councilman Boyd interjected that that is one of the purposes for barrier wells. Campbell moved, second by Boyd, to receive and file the staff report relating to the Draft Groundwater Feasibility Study Report, Installation Restoration Site 40 and 70, Naval Weapons Station, Seal Beach, authorized the Mayor ProTem to sign the response letter thereto, and instructed staff to forward this item to the Environmental Quality Control Board for information purposes. AYES: NOES: ABSENT: Boyd, Campbell, Doane, Snow None Yost Motion carried ITEM "X" - STATUS REPORT - OIL PIPELINE FRANCHISE RENEWAL - SOUTHERN CALIFORNIA EDISON COMPANY Councilmember Campbell claimed that this issue has been around for about eight months, the staff report states that it was not felt that the increase of revenue, about $4,000 per year, warranted an expedited process, however stated that this matter is supposed to be completed by the end of the year, that according to Public Utility Commission regulations, that is not something the City can change, the 'revenue amount, according to a formula, would be effective in year 2000 if completed by December 3lst, thus the City will lose that amount for next year. ' Campbell moved, second by Boyd, to receive and file the status report. Councilman Snow inquired as to the diameter of this line and what flows through it, his concern is that, in view of the deregulation of the entire electrical industry, why is Edison continuing to hold onto this pipeline where they do not own the Alamitos plant, they are making money from two sources at this time, one the distribution of energy and the other is transmission of energy, his curiosity is what actually goes through this line. Councilmember Campbell stated her belief that Edison will be selling the line, their intent was to effect changes ~o the City's ordinance, if the Council chose to not approve the changes Edison would have at least gone through the process. Mayor ProTem Doane said if they are thinking of selling the line 12-13-99 possibly the City should wait on this matter. In response to Council, the City Manager noted that this is a twenty-five year agreement, the Assistant to the City Manager and the City Attorney firm felt that discussions were on-going, that Edison had not satisfied all of the concerns of the City so that the interests of the City were protected, offering that a Council committee could be established if desired. The Assistant to the City Manager referred to background information contained in the staff report in that negotiations between the City and Edison commenced in ernest about mid-October, Edison informed the City that it would be eligible to receive a higher annual franchise fee commencing in year 2000 if changes to the franchise ordinance were approved before December 31, 1999, however, staff identified several provisions in the Edison proposed ordinance which required further negotiations and some of the revisions were in fact in direct conflict with Chapter 16B of the Code, those issues remain unresolved. The Assistant claimed responsibility for any delay inasmuch as this was his initial experience with negotiations for something such as a pipeline franchise, there were also a number of discussions between himself and the Edison representative, some of the premises of the negotiations were not felt to be in the best interest of the City and to which legal interpretation and opinion was necessary, negotiations therefore are continuing. The Manager said staff is not convinced of the December 31st deadline for the purpose of negotiations. Councilmember Campbell stated again that these are PUC regulations, that she has a copy of the June 10th letter from the Edison representative to the City Manager, thus if this issue had been dealt with in a more timely manner the City would not lose the additional revenue. Councilman Snow asked if it is appropriate for the City to make a twenty-five year commitment on a pipeline of this nature. The Assistant responded that twenty-five years is standard, in addition, Edison has also requested provision for two ten year extensions, the existing franchise expires in April of 2000. The Manager noted that the City was approached by Edison, the enticement was that revenue would increase by $4,000 per year but only if approved by December 31st, staff felt this was not necessarily in 'the best interest of the City, however if further discussions result in something felt to be in the best interest it will be brought to the Council. To question as to what determined the $4,000 increase, the Assistant reported there are about three or four formulas in the Public utilities Code under which a city can be reimbursed by the utility, at this point the City would choose the formula based upon the length and size of the existing pipeline under which about $5,200 would be realized. I I Councilman Boyd moved to receive and file this item since it is an issue of on-going negotiations, further discussion may compromise the City's position in that this is a negotiation for a sum of money for a service, this could be negotiation in public and not to the City's advantage, but this issue should be subject to, further briefing by staff. Mayor ProTem Doane seconded the motion. I Councilmember Campbell expressed her opinion that this has not been a matter of rapid enticement, a public hearing could have been held at this meeting and continued to the new year allowing time for further negotiations and ability to meet I I I 12-13-99 the PUC regulation by the end of the year, her concern is the handling of this matter. The Assistant mentioned that one of the stumbling blocks is Edison's contention that if an ordinance were adopted that there be provision that would no longer compel Edison to obtain approval prior to selling this pipeline, the opinion of staff and the office of the City Attorney is that that was an important provision for the City to retain unless however there is a different policy direction forthcoming from the Council. Mayor ProTem Doane reiterated his agreement with the motion of Councilman Boyd and restated his second of that motion. AYES: NOES: ABSENT: Boyd, Campbell, Doane, Snow None Yost Motion carried "ITEM Y-1" - CLAIM FOR DAMAGES - INNES - "ITEM Y-2" - CLAIM FOR DAMAGES - TOULIOS Ms. Sue Corbin, Seal Beach, stated her opinion that the Council could not legally justify denial of the claims based upon a staff memorandum because the Council has not seen the claim form itself, claims such as these should be settled immediately, in-house, offer the, claimant a sum of money. Boyd moved, second by Campbell, to deny the claim for damages of Ms. Carol M. Innes and refer same to ,the City's liability attorney and adjuster, and that the claim for damages of Ms. Helen Toulios be denied with a recommendation that if the claim is pursued further that it be directly with the Friends of the Seal Beach Animal Care Center. AYES: NOES: ABSENT: Boyd, Campbell, Doane, Snow None Yost Motion carried ITEM "Z" - AGREEMENT - EXTENDING/AMENDING - DEL SMITH and CO. - WASHINGTON REPRESENTATIVE Ms. Corbin, Seal Beach, suggested that the Council should be receiving regular updates from this person and possibly the Council should provide input that would serve the City's purposes to a greater degree to achieve the maximum from this paid lobbyist. Councilman Boyd explained that it is likely the City has had need for many years to have paid representation in Washington, this past year the City realized a number of benefits from this service, an example is the $180,000 commitment from a Transportation and Water Resources bill as a result of the work of this lobbyist, Mr. Smith has been highly recommended by a number ,of other cities, a noted lobbyist in Washington, especially for beach cities, and contrary to the comments of the speaker a report is received monthly from his office, also, during recent months said he has met with Mr. Smith about once a month or more with a telephone conversation at least once a week. He noted that of the number of projects being worked on one is the artificial reef project for Surfside, Mr. Smith having been instrumental in securing 'the engineering and construction design report done by the Army Corps of Engineers which would have been near impossible without his assistance or would have taken many years. He noted that for the $2,000 monthly payment the City has received financial benefit some ten times, over. 12-13-99 Boyd moved, second by Doane, to approve an extension of the month-to-month service agreement with E. Del Smith and Co. at a rate of $2,000 per month. AYES: NOES: ABSENT: Boyd, Campbell, Doane, Snow None Yost Motion carried I Noting a recent visit of Congressman Rohrabacher to the Surfside area, Councilman Snow asked if it were not possible for the Congressman to secure enough money to take care of this community. Councilman Boyd explained that his tardiness in arriving at the Agency meeting had been due to meeting with Congressman Rohrabacher, reported that work is proceeding diligently for the people in the Surfside area where only about twenty feet of beach remains due to a significant erosion problem, at this point if it were not for the rock revetment that was installed some years ago those homes would be experiencing damage from the waves. The Councilman mentioned that he and the City Manager, with the assistance of the Congressman and help of Mr. Smith, have drafted a reque~t that will go to the Army Corps of Engineers, compliments of the Congressman, possibly as soon a~ tomorrow for immediate relief and federal financial assistance to ,resolve this problem, the Congressman is working hard for the City. PUBLIC HEARING - ALLOCATION OF COPS FUNDS - 1999/2000 Mayor ProTem Doane declared the public hearing ogen to consider the acceptance and allocation of Citizens Options for Public Safety (COPS) program funds as provided by State Assembly Bill 3229., The City Clerk certified that notice of the pUblic hearing had been advertised as required by law and reported no communications received relating to this item. The Police Chief presented the staff report, specifically that the funds, $60,400, are proposed to be used for the purchase of 800MHz police radios, continued replacement inventory of aging service weapons, overtime for Community Policing efforts, including bicycle patrol, community crime prevention and education, in-car digital video recording technology, and.investigative software, which in turn will help to achieve transition from the 460MHz police radios to modern 800MHz radio technology, improve upon the current level of safety equipment for front line operations, and improve the quality of community patrol levels and investigative process. There being no comments from the public, Mayor proTem Doane declared the public hearing closed. I Boyd moved, second by Snow, to accept the 1999/00 Supplemental Law Enforcement (COPS) funding of $60,400, that the Supplemental Law Enforcement Services Fund be authorized to accept such funds, and that approval be given to the Chief of Police to make purchases from this funding tor fiscal year 1999/00. I AYES: NOES: ABSENT: Boyd, Campbell, Doane, Snow None Yost Motion carried CITY ATTORNEY REPORT No report was presented. 12-13-99 I CITY MANAGER REPORT The City Manager pointed out that the agenda reflects the efforts of staff, specifically, eight public improvement and equipment replacement projects, also, through the efforts of Captain Maiten with the assistance of Captain Schaefer development of Y2K action response plans. ' I PUBLIC COMMENTS Mayor ProTem Doane declared Public Comments open once again. Ms. Sue Corbin, Seal Beach, said once a Council person no longer holds that position they also no longer have the same rights, made reference to a former member who addressed the council ,at this meeting and subsequently entered City Hall, which Ms. Corbin claimed she is not able to do because it is supposed to be closed to the public after hours. She claimed that former members of the Council have tried to run the City, and said the City Manager had to take a vacation because the job is too much for him. She stated that if one is going to be a public servant then alcohol needs to be put away whether it be while representing the City at meetings or conferences away or locally, one can not vote while under the influence, if those that are abusing power really cared about Seal Beach they would resign, this City has had every form of corruption but that did not do the damage that is now being done, the City can not afford more lawsuits, there is greediness to have this job or be Mayor, asked why the needs of the City are not put first, think of the residents, the tax payers, who pay the bills yet get nothing, former council persons are not to be allowed to talk about the free speech of othe'rs', the Council needs to reveal what is going on, if this body is supposed to be supervising what is going on then it is negligent. There being no further comments, Mayor ProTem Doane declared Public Comments closed. I COUNCIL COMMENTS Councilmember Campbell noted the recent news article that reported the untimely death of Suzan Schill at forty-four years of ag mer reporter with the News Enterprise, said one'~ on her to report the news honestly, fairly"a~: '.~ he had won a Pulitzer Prize, and 'l'..Iq'~ 'Y~ , extende /'.c9m=o:~J e , her two s,ons and her fam~ly. councilrtte~e~ be};;;;! announced. receiving ~ flier since the last me~t~ngc,E!,g!!:' to a so~l problem ~n College Park East wh~ch ~~ ~~ e condition of osmosis, to that she clarifie ~tf:.,.t, ~,' is not a condition. Councilmember Campbell ecking it was found that the contractors license list the flier is not that of the person identified on the flier, some of the referenced addresses do not exist, also found that at some of the addresses listed no work has ever been done. She suggested that anyone receiving a flier should contact City Hall to verify that the individual or company has a contractor's license or business license with the City before hiring them. Councilmember Campbell also reminded that the CPE Neighborhood Association will be sponsoring Holiday Lights contest this weekend. Councilmember Campbell wished all a happy holiday season and new year. Councilman Snow said with the corning of Christmas and the New Year he wished to extend his heartfe,l t greetings to City Hall staff and his constituents and for a safe holiday. Councilman Boyd made reference to the comment of the city Manager, of the twenty-six items on the Consent Calendar many relate to the quality of life in Seal Beach, 12-13-99 - - repair of the McGaugh Pool, plans and specs for the drainage project near St. Anne's Church, CalTrans 'agreeing to assume the cost of removing the approximate thirty-five year old concrete bridge debris near the entrance to Huntington Harbor, Sunset Aquatic Park, and National wildlife Reserve, that the result of the cooperative effort of the City's State legislators, specifications for repairs to the concrete section of the pier, etc., and expressed appreciation to staff for their efforts. He thanked the Acting Director of Administrative Services for revisions to the Monthly Investment Report that makes it clearer to determine the amounts of money in the bank and in the investment portfolio. Councilman Boyd wished all a happy holiday season, a time to enjoy with family, friends, and colleagues, and to those whom he represents stated to close out the century sitting behind the Council dais is a pleasure, a happy New Year, as 2000 will be better than 1999. Mayor ProTem Doane recalled that a former Mayor made a practice of reading the title of items listed on the Consent Calendar for information of the public, possibly that should be done again. He too wished all a happy holiday season. I ADJOURNMENT With the understanding that the regular meeting of December 27th would be canceled, it was the order of the Chair, with consent of the Council, to adjourn the meeting at 9:17 p.m. clerk I Approved: Attest: Seal Beach, California December 27, 1999 The regularly scheduled City Council meeting of this date was canceled in recognition of the Christmas Holiday Season. I clerk