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HomeMy WebLinkAboutCC Min 1999-07-26 7-26-99 Seal Beach, California July 26, 1999 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Badum, Director of Public Works/City Engineer Captain Maiten, Police Department Captain Cushman, Lifeguard Department Ms. Stoddard, Director of Administrative Services Ms. Beard, Director of Recreation and Parks Ms. Yeo, City Clerk Councilmember Campbell extended a welcome and congratulations to the members of the Los Alamitos Girls Softball Team upon having won the State Championship, and best wishes for the following week when they vie for the National Championship in Vancouver. Each of the team members and coaches introduced themselves and were presented a commemorative City pin from Councilmember Campbell. I PRESENTATIONS SEAL BEACH SK/lOK RUN - DONATION Ms. Mary Johnson, representing the Seal Beach SK/lOK Run Committee, presented a donation to the Save Our Pool Fund from the proceeds of the Run in the amount of $10,000, the check accepted with appreciation by the Director of Recreation and Parks, Ms. Beard. PROCLAMATION - BOEING WEEK IN SEAL BEACH Mayor Yost read in full the Proclamation of "Boeing Week in Seal Beach" for the period of August 2nd through August 6th. Ms. Kim Masoner, Chamber President, directed appreciation to Mr. Ron Burcheski, Chamber volunteer, for his suggestion to celebrate Boeing Week, a recognition for Boeing employees, and announced that during that week one hundred businesses will welcome the employees and residents with discounts and raffle opportunities, a display of major Boeing activities and products will also be available outside the Chamber office. Mr. George Torres, Director of the Space and I Communications Group, Boeing Seal Beach, was introduced, expressed pride that the headquarters for the Space and Communications Group is located in Seal Beach, Boeing a $7 billion corporation, reporting here are the McDonnell Douglas and Boeing former space businesses, that capability was highlighted last week during the thirtieth anniversary of the moon landing celebration, and in reference to the Saturn V launch vehicle, pointed out that the first stage was built by the former Boeing Company, Rockwell built the second stage, and McDonnell Douglas built the third stage, Rockwell built the command module that housed the astronauts, and when it is I I I 7-26-99 time to return to the moon or go to Mars it is believed that Boeing is the company to do that. Mr. Torres presented commemorative books to the City and the Chamber of Commerce depicting the entire Apollo Program with photographs and explanations, many photos never before released. The book was accepted with comments of appreciation. APPROVAL OF AGENDA Mayor Yost said there has been request to move forward Item "D" relating to water sport activities prior to Public Comments, that an hour would be allotted for that period of input, requested that Item "M" be removed from the Consent Calendar for separate consideration, and Councilman Boyd requested that Items "J" and "L" be removed from the Consent Calendar as well. Boyd moved, second by Campbell, to approve the recommended action for items on the Consent Calendar as presented, except Items "J, L, and M", removed for separate consideration. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEM "D" - APPOINTMENT - BLUE RIBBON ADVISORY COMMITTEE - WATER SPORT ACTIVITIES Mayor Yost announced that the intent of this item is merely to establish a committee to consider access to the San Gabriel River by the various user groups, again, the intent is merely to look at all sides of this issue, encourage some dialogue, and assured that if there is any thought that there is consideration of banning windsurfing in Seal Beach that is not so. He invited members of the audience to participate in a friendly exchange of opinions, each speaker to be allowed about three minutes. * Ms. Marilyn Bruce Hastings, Seal Beach, stated she wished to speak in the place of Mr. Jack Haley who was unable to attend the meeting. Ms. Hastings noted that a proposal is being presented to convene a committee to consider a change to Resolution Number 3876, to adopt what is proposed by the Mayor would in effect close the last all day surfing area in this City, this would be an encroachment by sailboarders into a designated surfing area for three months of summer vacation, yet the board sailors already have unrestricted access to this area for the other nine months of the year. She expressed understanding that recent events have served as a catalyst as to why such a change is being promoted, in that on June 18th of this year the Lifeguards cited a windsurfer who was repeatedly jumping his vessel over waves, becoming airborne in the middle of a large group of bathers and surfers, threatening them with bodily harm, refusing to acknowledge the authority of the Lifeguards on the beach and in the patrol boat who were ordering the windsurfer to cease his dangerous activity, finally forced to the beach and cited. Ms. Hastings noted that the separation of surfing and sailboarding was legislated in Seal Beach with the unanimous passage of Resolution 3876 some ten years ago, the Resolution is not about surfers versus board sailors however provides an equitable division of the limited beach front during the busy summer months and provides sailboarders uninterrupted year-round access to the ocean. She urged support for Resolution 3876 as written which promotes public safety, protects the City from litigation, and provides reasonable access for all groups and 7-26-99 individuals seeking the use of this busy ocean. Mr. Ron Pepitone, said he has resided and worked in Seal Beach since 1987, surfed as a child, is a Surfrider Foundation member, has done charity medical work with the Surfers Medical Association, present this evening because his passion is to windsurf in the San Gabriel River, and it needs to be known that windsurfing in the San Gabriel River is one of the rare gems on the California coast. As shown on the diagram he provided, said waves can be ridden by windsurfers starting far out to sea and when they break at the end of the Alamitos Bay jetty they provide very long, breaking waves that extend up into the River Channel, at that point there is unobstructed room, no shoreline, no waders, thereby allowing windsurfers to safely turn around and sail back out while jumping through the surf, and when finished sailing one can usually sail up the River as kayaks, boats, and jet skis regularly do, and cross over a short distance into the parking lot to rinse off on a grassy area, thus, the San Gabriel River is very unique and naturally accommodating to windsurfers, so special there are no other places like it. People ask why not move to some other beach as there is access to the whole ocean, yet the combination of side waves to the beach and fl~ing wind, called sideshore, and rideable waves is so rare that the closest other areas are Topanga in Malibu and an area near Encinada. Seal Beach is so important to the wave sailors in Southern California that a long time ago a wind talker was placed here, the first such site, so that windsurfers all across California can know what the wind velocity is. Mr. Pepitone said his comments are not to boardsailing as a vessel at sea, rather, windsurfing the surf or surfsailing, and it should be obvious that the launch zone established some ten years ago does not have the quality surf as does the San Gabriel River or the surfers would have been willing to swap, the boardsailors want some time in the afternoon to be more fairly allowed to safe and regular access to the waves of the River, therefore his recommendation would be that a committee be formed to fairly address windsurfing access. He thanked the Council for bringing up this important and historic issue, thanks too to the Lifeguards who have been caught in the middle of many arguments. I I * Mr. Rich Harbour, native of Seal Beach, said he first surfed the River in 1959, at that time there was no Krabs Jetty, he owns Harbour Surfboards in Seal Beach, and has some concerns. He noted that some beach cities capitalize on the natural resources, Seal Beach has not necessarily looked at surfing as a means to make money, surfing was banned in the mid-1960's, during that period Oceanside hosted the 1966 World Championships, persons from allover the world came and spent money, Huntington Beach now has the Surfing Walk of Fame, people come, people spend money, Seal Beach resident Jack Haley was inducted into the Surfing Hall of Fame just this last Thursday, those in the Hall are true heros in the world of surfing, and Huntington won the right just a year ago to call themselves Surf City, that title is that important to them. He said Huntington Beach would never even consider black balling their pier yet weekly and daily surfers in Seal Beach are black balled out of this pier. He described an incident in the Spring of 1989 I I I I 7-26-99 where a surfer was hit by a sailboard, the issue of liability was pointed out to City officials, shortly thereafter Resolution 3876 was adopted, also, he has read City Code Section 4-8 many times which allows the supervising lifeguard, under certain conditions, to address something that may constitute a hazard for persons engaging in aquatic activities, to create a black ball, therefore about 10:00 a.m. each day on the north side of the pier the surfers are required to relocate to the area of the River, this because surfers and swimmers do not mix, then surfers are confronted with boardsailers, the surfers are again required to relocated, which has been the case for about the last year and a half, that is not felt to be fair. Mr. Harbour claimed that in June of 1998 the first blackball appeared, in June of 1999 a person who did not abide by the rules brought this issue to light, in July there was a meeting at Lifeguard headquarters attended by more than a hundred surfers and other notable persons, at that time the question was posed if there was any reference to a blackball in Resolution 3876, the response was no, and in a subsequent conversation with the Mayor he was led to believe that the sailboarders did pressure Lifeguards to utilize the blackball starting in June of 1998, many are having difficulty with the coincidence of that in relation to the 1998 elections, that concern needs to be addressed. Mr. Harbour reported there are at least fifty thousand surfboards made in Southern California each year, at least two thousand made in Seal Beach, it is doubtful that sailboards could match even five percent of those numbers, sailboarders are a small interest group therefore it can not be understood why anyone would waste time and money on a committee, rather, use the money to clean up the River or hire more lifeguards. The rules set forth by the Council not only affect the residents but all persons who use the seaside, existing Resolution 3876 provides for the safe separation of surfers and sailboarders. , * Ms. Cecilia Noyes, Seal Beach resident and sixteen year windsurfer, said she located in Seal Beach because it is the only spot in Orange County that has consistent wind and wave conditions, it was soon realized that this is a tight knit community yet works together to solve its problems, she and her husband participate in a number of local activities. She mentioned that it is disturbing to hear rumors and read in the newspapers that windsurfers want to ban surfing, she however has never heard mention that windsurfers want to ban surfing in Seal Beach, it is known too that the windsurfers came together to create a grassy rigging area at the First Street parking lot, they raised the funding and volunteered their time and labor to improve the area for the windsurfers and anyone who uses that beach for other purposes, picnics, weddings, fund raising events are examples, used also by many to simply rinse off with fresh water, it was realized from the beginning that the grassy area would not be exclusive for the use of windsurfers, rather, would be shared. Ms. Noyes said the same sense of sharing is being requested for the use of the San Gabriel River for a few hours at the end of the day when conditions allow, asked that the Council form a committee to consist of representatives of the Lifeguards and the surfing and windsurfing communities, 7-26-99 it is hoped that by working together this committee can levelop guidelines that are fair and equitable to all for the use of the River. She conveyed thanks to the Lifeguard Department as it is realized that they are in the middle of a difficult and sensitive situation. * Mr. Chad Wickwire, Surf Place, said he was present on behalf of the surfing community to oppose any changes or abolishment of Resolution 3876, he is in favor of equity with regard to access to beach resources as made possible by 3876. He noted that the sailboard community is asking Seal Beach to deny the surfing community a large portion of its sole year-round surfing resource, the area adjacent to and including the San Gabriel River mouth which has been designated for surfing since the mid-1960's, the surfboarders already have an area designated for their use between 2nd and 4th streets however want to expand further to the west at the expense of the surfing community. In his opinion the Resolution has worked well until recent developments which includes non-enforcement of the Resolution, on several occasions during the past couple of summers the areas designated in the Resolution for 'surfing' only has been denied to the surfers, how did that happen and who is responsible. Under the changes proposed by the Sailboard Association the surfing community has much to lose, if the wind blows at or over a certain velocity then the surfboarders are allowed use of the River and surfers are denied, that is not equity. Mr. wickwire urged the Council to support the existing Resolution because it does provide equitable access to the beach resources. I I * Mr. Larry Moore, Huntington Beach, said he is a thirty- seven year surfer that has windsurfed for thirteen years, which does he enjoy more, both, and a majority of windsurfers are also surfers. He described surfing as a simple, natural, pure sport, the downside of surfing is crowded conditions that sometimes creates a hostile environment, the best thing about windsurfing is the people, a conscientious, considerate, responsible group. The sport of windsurfing has advanced dramatically the last few years with new equipment that allows more sailing in lighter winds, in turn there are more participants in the sport. Everyone should have the same opportunity to ride the waves, the surfers stance that they should have exclusive use of the River is confusing, the comment that since surfers were here first they should have exclusive use of the surf is an extreme attitude, time has changed and attitudes need to change. There is no doubt that the River has the best waves, and it is known that the surfers would not like to trade the River for the beach area where the surfboarders launch, it is not the intent to ban surfers from the River, it is hoped that a fair and equitable solution can be r~ached that is reasonable and fair to all parties, it is also known that surfing and windsurfing can not be mixed, that poses potential for disaster, on the other hand if the sailboarders are allowed to surf the River then the surfers should be compensated by being allowed to surf the pier, policies of the Lifeguard Department are a partial solution to the problem, he feels there is a simple solution and the windsurfers and surfers should be able to resolve this themselves, the rules need to be kept simple so there is I I I I 7-26-99 no doubt or confusion and consistently enforced, then get on with the more serious problem of cleaning up the ocean waters. * Mr. Tim Dorsey, Seal Beach, explained that he is the original architect of what has become known as the aquatic sports area, Resolution 3876 was developed in the late 1980's to address a wide variety of ocean usage in a limited area of shoreline and ocean areas, the primary goal was to maximize cooperative shoreline usage by bathers, swimmers, body boarders, surfers and sailboarders. He noted that the San Gabriel River traditionally and historically has always been a surfing area, used exclusively by surfers. By the mid-1980's, year round ocean recreational activity in the near shore and off shore areas of the City and especially the area of the San Gabriel River had become chaotic, a multiplicity of old and new hybrid water craft used to ride waves and wind had overwhelmed the capacity of the small shoreline to accommodate safely these water craft which encompassed power boats, wave runners, jet skies, hobie cats, kayaks, surf skies, surfboards, outrigger canoes, and sailboards, the majority using the San Gabriel River surfing area, sometimes all at the same time. The Lifeguard Department, in an attempt to contend with this situation, approached the City to develop a solution which by then had become a public safety problem in that the Department was experiencing between eighty to one hundred forty violations a day in the River area and resources to affect control was stretched past the breaking point. At that time the attitude of the City was that it had no jurisdictional responsibility to implement any control of the area, that it was the primary jurisdiction of the U. S. Coast Guard and the Orange County Sheriff-Harbor Department, therefore the problem was again with the Lifeguard Department and with the cooperation of the Sheriffs Department attempted control through the use of Harbor and Navigation codes. In the late 1980's the City Manager directed the Lifeguard Department to develop a plan to allow sailboards to have an area carved out of the traditional swimming area for the launching and beaching of sailboards, which are classified as undocumented vessels, to that the Department protested, taking into consideration the public safety and liability issues inherent with such policy, also, increased sailboard activity would only add to the vessel activity confusion in the San Gabriel River, it was also found that no other beach city in Orange County would even consider this type of activity on their beaches. Directed nonetheless to develop a plan, Resolution 3876 was developed, adopted by the Council, allowing sailboards to launch and beach in an area having large signs between 2nd and 4th Street year around, nothing in the Resolution allowed sailboards to sailor ride waves in the San Gabriel River, and surfers were confined to the River and the Krab's jetty area to 2nd Street, all day, year around. With the creation of the aquatic sports areas the Lifeguard Department was again able to focus on the hazardous vessel traffic that continued to be a significant threat to surfers using the River, and with the assistance of the Sheriff's Department again and the Long Beach Lifeguard Department in time some semblance of public safety control was regained for the entire area and the potential of 7-26-99 liability exposure was reduced. Mr. Dorsey said for some ten years peace, harmony and a semi-balanced sense of cooperation has existed, however now the Council is considering amendment of the Resolution that would allow sailboards renewed use of the San Gabriel River, such action would take the area back to the 1980's and chaos, such amendment will come back to haunt, the additional costs for lifeguard enforcement needs to be considered as does public safety and increased liability exposure through increased vessel traffic. In summary, Mr. Dorsey expressed his personal view that this will just not work. I * Dr. Bernard Gantes, Clipper Way, reminded the Council and those present that windsurfing has been an Olympic event since 1984, the year the Olympics were held in Los Angeles, the windsurfing events took place within a mile of the Seal Beach pier, due to the unique wind exposure these waters are recognized as one of the best areas in the world where international sailing events can take place. He noted that the Seal Beach waters have already generated several windsurfing champions, Southern California has been very prolific in generating Olympic gold medalists in every sport except windsurfing. The Long Beach Yacht Club, which he is representing at this meeting, is well aware of the necessity of proper conditions early on, the Club has decided to start windsurfing classes including initiation and racing events, the goal is to have the future windsurfing gold medalist come from the Seal Beach area. Dr. Gantes said as a Seal Beach resident and Long Beach Yacht Club member, his feeling is that the City Council should support the Olympic spirit, specifically windsurfing, since Seal Beach is a unique resource in the perfect combination of surf and wind. I * Mr. Tom Hermstad, Seal Beach, stated his Seal Beach residency of about thirty-six years, a former part time Seal Beach employee who started the swim program at McGaugh School. He noted that when he first started surfing some of the guys did not let those from Long Beach come to Seal Beach, he then became a lifeguard for the City of Huntington Beach where Chief Moorehouse developed lifeguarding as a profession, he was also confronted with surfing and its growth, to that the Chief made the decision that surfers had to exit the water at 11:00 a.m. because of incompatibility with swimmers and body boarders, that was accepted by the surfing community in about 1960, a similar situation and resolution in Seal Beach that was accepted as being reasonable because of the safety issue, now there are windsurfers that want to come into the River. Mr. Hermstad noted that Resolution 3876 as worked well for ten years, the windsurfers, because of their speed, are not compatible with the surfers and swimmers, an unsafe condition if allowed to happen, and requested that this issue not be made more difficult by putting the two sports together, the windsurfers already have their stake, the whole ocean, let them ride the swells outside by at least a mile, and let the surfers surf inside as they have for the fifty plus years, there are hundreds of surfers in Seal Beach and his feeling is that they would agree. I I I I 7-26-99 * Ms. Teri Meyers, Seal Beach, said she is the mother of a surfer, wife of a windsurfer, both enjoy the water sports in Seal Beach, high winds do not provide good surf but do present good conditions for windsurfing, of the three hundred sixty five days a year there are only a few that reach the wind velocity of fifteen miles an hour which then allows windsurfer use of the Channel. She said this should not be seen as a contest of pushing either group out, this should not be an adversarial situation, that is not the spirit of Seal beach, if the two groups could get together they could probably come up with some viable guidelines, they need to work together. * Mr. Bill Coleman, Coastline Drive, resident since 1983, Seal Beach surfer since about 1962, the San Gabriel River mouth was controversial even then, surfing was banned after 11:00 a.m., eventually that was changed and the River was opened to surfing all day, the River is ideal in that the water is warm and is a good location for beginners, it rarely blows out, if there is a swell the River can be good all day where most other locations will be blown out, with the south swell in the summer the drift can be so strong in some locations that it will drag someone down the beach in minutes, the River will be the only place surfable and the wind has little effect on the waves. Mr. Coleman said he was certain the Council would agree that the River is first and foremost a surf spot and that the River should remain open to surfing no matter what the wind conditions may be. * Mr. Rich Blunt, San Clemente, said they too have special beaches, mostly surf beaches attracting people from all over the world, he however does not surf so he comes to Seal Beach to windsurf, has done so for fifteen years given the unique conditions that have been mentioned. He would not like to see anything banned, this is an issue of shared use, the Resolution could be amended to make the use absolute, the windsurfers do not believe that is the way it should be, too, it is not believed that it will be often that the windsurfers will be allowed to use the Channel because of conditions, the option is to implement a fair policy, the goal is to allow sailing on the days when the conditions are proper, if these two uses can co-exist in Hawaii they can here too. Mr. Blunt corrected a letter that has been circulated with what he claimed to be misinformation, one reflected windsurfers traveling at a speed of fifty miles per hour where realistically speeds may be up to fifteen or twenty miles an hour, they are not out of control, and want to keep the sport safe, as to the definition of a sailboard, said he has been involved in that issue since mid-1980's, that not an issue in Seal Beach in that the Ordinance defines a sailboard as an aquatic device, not a vessel. * Mr. Mitch DeJarnett, lifelong Seal Beach resident, expressed appreciation to the Lifeguard Chief and department staff for their efforts relating to this issue as he has worked with them for about three years, their job has been difficult, asked too that the community lend their support. Mr. DeJarnett offered that the Mayor is a sailboarder, an expert sailor, while recently on vacation he boardsailed a 7-26-99 world class surfing and sailing craft. Mr. DeJarnett said he considers himself a serious surfer as well and that he would like to address the Mayor as a fellow waterman, not as an elected official, to which he requested that the effort to close the River to surfing in the afternoons be abandoned, citing this as the last all-day surf spot in this community, the River a prime area for local youngsters to learn to surf, again requesting that expansion of the sailboarding area into the River be abandoned. Mr. DeJarnett cited this issue as a conflict of interest, to which he then mentioned the contents of recent interviews by the television news media within recent days. He said the proposal to convene an advisory committee to negotiate this issue behind closed doors will do nothing to dispel the charges of cronyism currently in the media, the question is, does the City weaken a good law that has served the people well, the people of this town deserve to be part of answering that question, they are relying upon the Mayor and Council to do the right thing. Mr. DeJarnett requested that Resolution 3876 be upheld. I * Ms. Helen Uno, Seal Beach, aspiring surfer but first and foremost a wave sailor, the Mayor too is a surfer. Ms. Uno said there is a misconception that the recreational needs of the windsurfer are met by solely going back and forth in a line from one spot on the beach, this may be true for an intermediate windsurfer, she for one would quit the sport if that is all it entailed, and to previous statement said there is a big difference between a swell and a wave, it is likened to limiting a veteran surfer to a mushy wave break at high tide, advanced level windsurfers see wave sailing as the next level of challenge in their sport, the wave break in and around the River is unique and when combined with a wind tunnel effect through the Santa Ana Canyon it results in one of the few viable wind sailing sites in the combined areas of Orange County, South Bay, and San Diego. Arguments have been made that limiting the windsailors to the zone between 2nd and 4th streets is fair, it is not, both surfers and wavesailors know that most of the best wave breaks are around the jetty and near the breakwater walls. She said despite being a resident of the City she does not feel residency gives any greater rights to beach access, her belief is that the beach belongs to everyone, it is in the interest of the general public to protect the right of all citizens, not just the locals. There have been surfboards for years now in and amongst each other, it behooves the City officials to encourage a mindset of sharing, fairness, and cooperation. The argument has been made that the River is where the children learn to surf however children learn by example and the more important lesson is to teach the children to share with others, especially by the acts here today. Ms. Uno said the request is only for a small time slot in the afternoons and not even on a daily basis, it is not felt that the rights of those in the minority should be overlooked because those in the majority have a louder voice or more signs. She offered that windsurfers do not want the exclusion of surfing at Seal Beach for the short number of hours that the surfers are being asked to share, she would like to see surfing allowed in the I I I I I 7-26-99 section northwest of the pier more of the time or expand the hours from 3:00 p.m. on, surfers would still have the River during the vast majority of daylight hours in the summer when the wind speed is less than fifteen miles an hour, this would be a fairer compromise and decrease the tension between the surfers and windsurfers, there is concern with tempers should a circus atmosphere be allowed to prevail, an atmosphere of calm needs to be promoted to help keep the dialogue from becoming based solely on emotion and not reason. Ms. Uno appealed to the noblest sentiment within both groups to consider working together to find a reasonable and just solution. * Mr. Reg Clewley, Seal Beach, said there is no need for a committee, just enforce the law, and likened this issue to that of a zone text amendment. * Mr. Shawn Collins, Harbor Way, identified himself as a forty year surfer, sailing in the area for about the same length of time, also a member of the Long Beach Yacht Club, said it seems there are a number of people who want to form a committee relating to this issue and compromise, to which he stated his belief that there has already been compromise. Mr. Collins stated that the River is the only area on the coast that is good when there is a south swell, otherwise to get a clean surfing wave on a windy afternoon one would have to go to Malibu, to the south it could be around Laguna or the Trestle, the River is about the only place that can hold a sizeable south swell and still have good surfing conditions, the problem is that the windsurfers want to wave jump, the surfers want to surf the same spots, but unfortunately both can not be in the water in the same area. It is claimed by the windsurfers that a wind of fifteen knots is not good for surfing conditions but that is not the case because the San Gabriel River is the only place that one can surf that condition. There have been proposals to open up the pier area from 3:00 p.m. on however when the wind comes up that area can not be surfed, therefore the River is about the only place that can be surfed once the wind comes up, also an area where kids can travel on bikes, surf all afternoon, and the parents do not have to worry. To close the River when the wind reaches fifteen knots is not a practical solution for anyone, also, you can not have the two sports mixed in that area, by the Resolution the windsurfers still have their area, they can practice their sport, they have periodic access to the River, therefore the issue has already been compromised. * Mr. Jeff Jones, Seal Beach resident since about 1959, a surfer and windsurfer, said research shows that windsurfing the River started about 1970, they were allowed to launch at the pier or at 1st Street, until 1989 the windsurfers surfed the River in the afternoons without any known serious incidents, windsurfing has an excellent record, incidents are below one for every hundred thousand participants, those utilizing the surf are advanced windsurfers, and although they may seem intimidating to a nearby surfer they are in complete control when airborne, the surf itself is a kind of eliminator of people who do not belong there. The biggest thing about Seal Beach is the wind and the waves, the only spot in a hundred seventy-five miles of 7-26-99 Southern California coastline with a shore wind and a rideable wave on a sailboard, a unique resource. Mr. Jones said one thing that a committee could investigate and even test would be a separation zone in the River area, designated by small buoys so that the two sports are not mixed, windsurfers usually go out a couple of hours a couple of days a week in the afternoons, surfing is available from sun up to sun down, in summer months about fourteen hours. Mr. Jones said he was present in 1989 when the aquatic sports resolution was approved, he and six or seven other windsurfers spoke then about concerns that are now coming to light, being excluded from the waves, there is no viable surf at the launch area as it is too shallow, it was suggested then to utilize the River during times when there are only a few surfers, it was said then that that could be a possibility, the responsibility for that decision was left to the Lifeguards, the intent at that time was to just get a plan in place for all of the different users of the waters. With regard to the popularity of windsurfing, worldwide it dwarfs surfing, last year the National Sporting Goods Association released statistics that windsurfing is the fastest growing water sport in the nation, worldwide over three hundred thousand new boards sold last year and over ten million people participate on a regular basis, people come to California from over the world and ask where are the windsurfers because there are only a few spots that they can practice their sport here, people will come to Seal Beach to sail with their tourist dollars, most windsurfers buy the annual parking passes, there is an economy benefit from windsurfing. His experience in Seal Beach in both sports is that people are friendly, both enjoy the ocean waves, they enjoy the natural connection and opportunity that their sport offers for them to get out and express themselves on the waves, there needs to be a way to work together to solve this issue. Of even greater importance however is the issue of the grade of water that has been reported, that needs to be resolved. I I * Ms. Shannon Waring, Seal Beach, reported that there have been three Seal Beach children that have made the National Scholastic Surfing Association Championships in the last couple of years, the River is the only place for them to surf and learn what they need to do, when blackballed they need to be transported to Huntington Beach or elsewhere, this is important to them. She reported too that the national GPA average of surfing children is 3.0 and above, surfing is a culture in Seal Beach, and asked that the River not be taken away from these surfing children. * Mr. Lorenz Krueger, 8th Street, thirty year resident, related his experiences growing up in Seal Beach, coming home from school, anticipating what the waves would be like each day, go home, grab the surfboard and head for the River in the afternoons. Mr. Krueger said he wished to speak of the importance of this issue, this not just for the surfers and windsurfers but for the kids, future grandchildren, and the history of this town because of surfing. Three topics, the public process, criteria to call for a blue ribbon committee, and about the kids whose time in the River may be taken away from them. Mr. Krueger read a comment from a Saturday newspaper I I I I 7-26-99 * quoting the Mayor as saying a decision will be made one way or another. He mentioned being a twelve year political debate coach, his problem is with the way the public process is being handled, nothing taught in his courses is anywhere near this process, first, the burden of proof lies with the windsurfers, they have to show the need for change, they need to create a prima facia case to answer certain stock questions, is there a harm taking place, in his eyes only middle age egos, are the numbers significant, the answer is yes but on the other side as there are a significant number of surfers that want to continue to surf the River throughout the day, and, are there solutions, that seems to be to ban surfing from 3:00 to 6:00 p.m. each afternoon, to that the question is who wants to take on the liability of allowing access to the windsurfers riding four to six foot surf, going airborne at fifteen to twenty miles an hour, which will cause problems, a viable solution to all of this has not been explored or presented. The disadvantages far outweigh the advantages in this issue, the prima facia case has not been made, to make such a change needs to be based on what the people of the City want, that there is reason for the change, otherwise, the change may cost the City considerable money. Mr. Krueger said he hoped that the criteria to form a blue ribbon committee has been thought out so that there is no waste of taxpayer time and money each time an issue comes before the Council, the criteria needs to be objectified. He said there are a lot of valuable lessons learned from surfing, how to get along in a competitive environment, how to face ones fears when the surf is big, to have courage. Kids do not windsurf, for the few people that do, they should go elsewhere where the kids are not affected by such a proposal. Mr. Alan Sandoval stated that the Mayor not only windsurfs but surfs as well, and one can find plenty of children windsurfing in Maui. Mr. Sandoval said as expressed by others this is an important issue for both sides, many having spent a great deal of effort to present their views, surfers and windsurfers are passionate about their sports. He noted that windsurfers feel they are a viable user group of the unique resources available in the River area, windsurfers have enjoyed Seal Beach for over eighteen years, once last year he counted over one hundred windsurfers on the water, far more than the number of surfers at that time, and equitable, easily understood guidelines would encourage even more use by both groups of the City's natural and commercial resources. Mr. Sandoval emphasized that at no time have the windsurfers proposed that surfing of the River be banned. Although there are distinctly separate views relating to this issue it is believed that there are some points to which all can agree, windsurfing and surfing are not compatible in the same area at the same time, it is believed that there should always be somewhere to surf in Seal Beach at any time of day, any rules should be easy to understand, implement, and enforce, noting too that the lifeguards and staff have been placed in a difficult position with regard to this issue. Mr. Sandoval explained that the sport of windsurfing has changed over the past ten years, sailing techniques have improved, equipment has advanced, allowing greater flexibility of this sport, what was once a minor issue 7-26-99 to a few people has become an important problem to a large number of windsurfers. He said upon checking the records of the wind reporting service it was discovered that there was an average of twenty-eight Bailable days in each of the previous three years from mid-June to mid-September, if there were three hours of sailable time each of those days that would be a total of only eighty-four hours per summer that windsurfers would have even wanted to sail the River, and with an average of fourteen hours of daylight available in summer months that equates to only eighty-four of the one thousand two hundred sixty available daylight hours. The needs of the windsurfers are therefore modest. Mr. Sandoval spoke in favor of forming a committee comprised of surfers, windsurfers, and lifeguards to find a compromise to increase the hours and areas available to the surfers in exchange for windsurfing access to the River, the results of those discussions would then be presented to the City for consideration and possible implementation. I It was the order of the Chair, with consent of the Council, to declare a recess at 8:49 p.m. The Council reconvened at 8:59 p.m. with Mayor Yost calling the meeting to order. Mayor Yost explained that the reason for bringing this issue forward was that persons were saying there needed to be a public discussion, in fact this has been a healthy exchange of opinions. He emphasized that there is no consideration of banning surfing, he too is a water person, this issue in fact has been brewing for about fifteen years, gone back and forth so it is probably time to come into the public forum, continued discussion, albeit informally, will help to promote the understanding of the various groups as well, no one wants to have a problem with liability, with access, with not being allowed to surf in the afternoons, most of the comments reflect a viewpoint to assure that access to the River is maintained, most people understand that the River is an area that is surfable. Mayor Yost said this is a surfing city, last year the surfing contest was brought back, there will be another this year, he will be a participant. He pointed out again that there is nothing on the agenda to change the ordinance or the resolution, in his opinion a law is a living thing, having been written in 1989, things have changed from then until now, as an example, one speaker mentioned water activities that did not even exist in 1989, the committee would have the opportunity to consider those as well. Mayor Yost stated he was not prepared to vote for anything particular at this point however would like to see the dialogue continue, invited interested persons to submit their names to City Hall, and pointed out that the policies adopted in 1989 were in fact adopted at the request of the surfing community in that they felt the surfing areas were being threatened. Councilman Doane indicated disappointment that a committee is not being formed with Council representation of Boyd and Yost and two persons each representing the windsurfers and the surfers and the Lifeguards to review the regulation of water sports, regulations having been adopted some ten years ago, what was applicable then may not be now, such committee would consist of persons with expertise, it would merely be for the purpose of review and recommendations, they would not be making decisions, possibly look at similar policies in other cities, South Bay as an example. Councilman Doane too confirmed that the mouth of the San Gabriel River is unique to the community of Seal I I 7-26-99 I Beach. Councilmember Campbell mentioned that it appears the River is an area that both sports want to use yet cannot at the same time because the uses are not compatible, she would like to see some sharing, phone calls have indicated that the existing resolution does work, yet given comments that it does not work, her question is if it doesn't why doesn't it, preference with regard to this matter would be some compromise. Councilman Snow stated his intent to do some further research on this problem, things do change and will continue to change, in his case he was body surfing around Diamond Head many years ago under the direction of Duke Kahanamoku. Councilman Boyd voiced appreciation for the efforts devoted to this issue by all, and apologized for this being such a newsworthy item rather than an issue of having done something great or achieved something. He expressed his opinion that a committee is going to do nothing except frustrate people, history shows that most committees have accomplished nearly nothing, and most people walk away in frustration at the Council, the political process, and qive up. The suggestion of Councilman Boyd at this point was to leave the ordinance and resolution as they exist, but first there needs to be some clarification on behalf of the Council and by the enforcing authority, the Lifeguard Department, the regulation documents have been in place for ten years, he personally read the minutes of the prior meetings relating to this subject, he felt it was clear as to where it was safe to windsurf and where it was not. He expressed his opinion that a blue ribbon panel would not be productive, there may be an opportunity to further define what can take place in the specific aquatic areas, that is a policy issue, he is not willing to sit back and let those referred to as experts tell the Council what to do, there has been advice from experts in the past which has not been followed, his suggestion would be that two members of the Council, representatives of the two sports communities, and the Lifeguards discuss the issue further. Councilman Boyd stated he could not support a change to the existing resolution, he did not feel that a prima facia case has been made to do so. He questioned how this City can regulate its beach when there is not even an adopted Local Coastal Plan, the City Manager was to have made that inquiry today, the response is awaited, the worth of the beach is an issue, if it is closed for a sewage spill what does that mean to the community and how are those costs recovered, and if the beach is closed for surfing how does the community recover those costs, what is the cost to close the beach to windsurfing, that is not under discussion, as a matter of fact the windsurfers have the entire ocean from two hundred yards seaward. It is understood that the windsurfers want to jump waves, yet in the opinion of a Seal Beach resident, windsurfer, and Olympic medalist, opposition was expressed to any change to Resolution 3876, the two sports are incompatible in the same area, there are no more than three or four cities in California that have actually designated aquatic sports areas and allow windsurfing, he would not propose that that be changed but he would also not support expansion of the area for windsurfing use. He suggested that those that continue to be interested in changing the Resolution work with the Mayor, develop the changes and reasons for those changes, yet he would not support a blue ribbon committee, it is not believed the surfing community does either. Mayor Yost agreed with the prior comments relating to water quality, agreed also with the suggestion that he and Councilman Boyd meet with the Lifeguard Chief and City Manager for continued dialogue, and that interested persons continue to transmit E-mail I I 7-26-99 communications to the City Manager's office. There appeared to be concurrence. It was suggested too that those present may wish to direct energies to the effort to resolve the issue of water quality in the San Gabriel River as well. At the request of Council the Lifeguard Chief showed a diagram of the beach, the River, and designated aquatic sports areas. Question was posed as to how close a windsurfer can come to a surfer without being in violation of the Harbors and Navigation Code, the response was one hundred feet, the fine for violation about $650 or higher if there are penalty assessments. I It was the order of the Chair, with consent of the Council, to declare a recess at 9:25 p.m. The Council reconvened at 9:31 p.m. with Mayor Yost calling the meeting to order. PUBLIC COMMENTS Mayor Yost declared Public Comments to be open. Mr. Gordon Shanks, 215, Surf Place, inquired as to comments to the proposed ordinance relating to officeholder accounts, to which Mayor Yost agreed that Mr. Shanks could comment. Mr. Shanks offered that sometimes an ad hoc committee is proposed to quiet the public yet other times such committees are productive, expressing his objection to negative comments relating to such committees. Mr. Glen Clark, Trailer Park, thanked the Council for their efforts on behalf of the residents of the Trailer Park, some with low and medium incomes where they could not pay a large rent increase, suggesting caution that the Council not approve everything that the new Park owner submits. Chris Dekner, said he was present on behalf of the children on 5th Street, claimed that many people speed at fifty and sixty miles an hour in the twenty-five mile zone, that he was nearly hit this evening, reported there are about twenty children under the age of twelve on that street, the Police have not cited anyone, have just given warnings, and asked that a motorcycle or bike policeman be stationed there. Ms. Nancy Murphy, 5th Street, said the need is for a traffic plan for Old Town, not just 5th Street, the desire is for a peaceful place to live, drivers are not observing the speed limit for the residential area, the trucks are also traveling 5th Street, it is uncertain if that is legal, that street is experiencing more traffic than every before, as is Ocean Avenue. Ms. Murphy asked that something be done about the delivery trucks, predicted that making the intersections narrower will not slow the traffic, possibly post the speed limit. There being no further comments, Mayor Yost declared Public Comments closed. I APPOINTMENT - CIVIL SERVICE BOARD Councilman Boyd moved appointment of Mr. John Regner, Surfside Colony, as the District One representative to the Civil Service Board for the unexpired six year term ending July, 2003. Councilman Doane seconded the motion. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I CONSENT CALENDAR - ITEMS "E" thru "0" Boyd moved, second by Yost, to approve the recommended action for items on the Consent Calendar as presented, except Items "J, L, and M", removed for separate consideration. It is hereby noted that Mayor Yost and Councilmember Campbell indicated their abstention from voting on the approval of the minutes as they were absent from the July 12th meeting. E. I F. 7-26-99 Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. Approved regular demands numbered 24262 through 24437 in the amount of $407,912.36, payroll demands numbered 4212 through 4409 and 27757 through 27758 in the amount of $173,707.98, and authorized warrants to be drawn on the Treasury for same. G. Authorized the purchase of portable digital recorders for all Police Department field and investigative personnel, through the use of $11,306 of the 1997 second quarter funding under the Citizens' Options for Public Safety (COPS) State Grant Program. H. Approved the Monthly Investment Report for June, 1999. K. I N. O. AYES: NOES: I. Approved the minutes of the July 12, 1999 regular City Council meeting. Approved the plans and specifications and estimates for the construction of Seal Beach Boulevard Traffic Signal Coordination, Project Number 751, and authorized staff to commence the public contract bidding process. Denied the claim of Sharon Brannon for property damages and referred same to the City's liability attorney and adjuster. Adopted Resolution Number 4723 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #825, CITY HALL AND PIER RESTROOM PROJECT 1998/99, CONTRACT ENTERED INTO BETWEEN TOP DESIGN BUILDERS AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4723 was waived. Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "J" - GRACE COMMUNITY CHURCH - PARKING AGREEMENT Councilman Boyd made reference to the designation of a certain number of parking spaces in the 8th/Central lot for the Fire Department however complaints have been received with regard to the difficulty of the volunteers to locate parking when responding to emergencies, particularly on Sunday mornings. He requested that there be enforcement of those Fire Department designated spaces and that this be so specified in the Agreement, and that the driveway area adjacent to the Fire Department wall be kept clear. Boyd moved, second by Yost, to approve the one year Agreement between the Grace Community Church and the city for use of I 7-26-99 the 8th/Central parking lot as amended. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEM "L" - RESOLUTION NUMBER 4722 - ANNUAL INVESTMENT POLICY Councilman Boyd noted that this is required each year, I mentioned the report of fund balances on a monthly basis, and asked if a report could be prepared quarterly or annually of the performance of the City's investments for that period. The response of the Director of Administrative Services/Treasurer was affirmative. . Boyd moved, second by Campbell, to adopt Resolution Number 4722 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING AND FILING THE ANNUAL STATEMENT OF INVESTMENT POLICY AND GUIDELINES FOR THE FISCAL YEAR 1999/2000." By unanimous consent, full reading of Resolution Number 4722 was waived. AYES: NOES: ABSTAIN: Boyd, Campbell, Doane, Yost None Snow Motion carried ITEM "M" - COMMENT LETTER - OUTER ANAHEIM BAY MAINTENANCE DREDGING PROJECT - REGIONAL WATER QUALITY CONTROL BOARD Mayor Yost expressed appreciation to staff for the preparation of this comment letter relating to water quality. Councilman Boyd mentioned also that this is a dredge project of outer Anaheim Bay where the sand therefrom will be deposited on the beach in Surfside for beach stabilization. Yost moved, second by Boyd, to authorize the Mayor to sign the comment letter on behalf of the City, receive and file the staff report, and that this item be forwarded to the Environmental Quality Control Board for information purposes. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried PROPOSED ORDINANCE - OFFICEHOLDER ACCOUNTS / POLITICAL CONTRIBUTIONS Upon request of the Council, the City Attorney explained that the proposed ordinance provides for officeholder accounts for elected officials, the City Council and City Clerk, and would allow contributions throughout the year, not considered to be campaign contributions or used for campaign purposes, however could be used for mailers, travel expenses, seminars and other activities where the City does not pay for expenses, registration, etc., and noted that the numbers reflected in the proposed ordinance are maximum amounts, contributions of $10,000 in aggregate in any calendar year, and $250 as the individual contribution limit, those numbers subject to revision by the City Council. Councilman Boyd pointed out that the residents are always looking for additional I information from their Council representative, yet the cost to send a mailer to each resident of a district would exceed the allowable limit per Councilperson, hand delivery to that number of dwellings is not practical. He noted that officeholder accounts were allowed by Proposition 208, after which the City's campaign ordinance is framed, this has been done in other cities, it minimizes potential corruption or appearance of corruption yet affords the opportunity to communicate with constituents, from a personal standpoint said he is more comfortable paying for things from personal or officeholder funds rather from tax dollars. 7-26-99 I Mr. Gordon Shanks, Surf Place, cited part of the problem is that often bad laws are the result of propositions, Proposition 208 an example of a bad solution to campaign problems, in the past and as can be done in some states, excess campaign funds can be carried over from one campaign to another, that can not be done in California. Mr. Shanks expressed his opinion that the concept proposed has some merit however still some problems, as an example, if there is a large development forthcoming and contributions are made to a campaign account or an officeholder fund it looks bad no matter, or would such contributions going to be refused, there can be an appearance of a problem even though there may not be. The preference of Councilman Boyd is to pay for certain things himself rather than use City funds, the League conference and meetings are examples, to that Mr. Shanks said his preference would be that the City receive the benefit of people attending such things, it is not felt to be a waste of time, at such functions people are met, there are conversations, business contacts are exchanged, etc. Mr. Shanks commended Councilman Boyd for this idea however disagreed with the opinion that it is not the financial responsibility of the City, these types of expenditures are not excessive in Seal Beach, in fact he would wager that no other city in California with a like budget spends as little as does Seal Beach for travel, meeting expenses, etc. He cautioned too that it is known that some persons are better campaigners, raise more money, than others, that in itself could create animosity amongst the Council, in his opinion this is not good, to say this does not relate to re-election purposes makes no sense, especially with the campaign contribution limit of about $5,100, and if there is thought of enacting this the monetary limits should be reduced to $100 per individual contribution and $2,500 maximum. I I Councilmember Campbell pointed out that the Council can not mail newsletters at City expense, it is prohibited, the allowable City expense is no more than $50 per month, her newsletters as an example are prepared every four to six weeks and do not exceed that amount and she has a group of supporters that walk those newsletters, her concern with the proposed ordinance is that it is a slush fund, something she does not feel is needed in Seal Beach, may in fact put one member of the Council against another, therefore she could not support the proposal. Councilman Doane agreed. He mentioned that the Council receives $300 per month as a stipend, that money is intended for the purpose of expenses, contributions to an officeholder account could be in anticipation of a favor, also, such accounts would require monitoring in the same manner as during a period of election. Mayor Yost said he would have trouble supporting $10,000 per year, agreed too that he could not see the need, and as to the cost of a mailer he also saw no need as they can be hand delivered, or hold a town hall meeting. Councilman Boyd said the Council can enact this now in a way that circumvents the good of all people in the City, he would not be opposed to reducing the maximum or individual contribution amounts, with regard to reporting, any account established must follow the FPPC rules, everything must be reported as it is during an election process, it is not believed this would ever be for developer contributions, this could be an opportunity for some philanthropy in the City, an opportunity to offset some of the taxpayer burdens, an example is his personal payment for thank you stationery, etc., and the $300 per month pays for the time of service on the Council. Councilman Boyd suggested a reduction of the amounts to $5,000 and $100. He 7-26-99 noted Mr. Shanks disagreement with Proposition 208 yet that is what this City's campaign ordinance is modeled after, the Council must make contact with other elected representatives to seek monetary grants, legislation, etc. plus personal time and unreimbursable expenses, thus the amounts proposed were not felt to be unreasonable, in fact people have offered donations for a specific purpose in the City through him, they can not be accepted, but they should not be turned down because at some point such offers will end. I Councilman Boyd moved to approve introduction of the proposed ordinance with an amended maximum amount of $5,000, aggregate amount of $10,000, and a $100 single contribution. There was no second to the motion. Councilman Boyd asked of the City Attorney if there is anything that circumvents the previous proposal in the form of a PAC. The City Attorney stated he would prefer to look at that issue. Councilman Snow moved to bring this item back at a future meeting with a report forthcoming from the City Attorney. Councilman Boyd seconded the motion. Councilman Boyd stated that there is nothing that prohibits a member of the Council from participating in a PAC and with very few limitations, that is the reason for bringing forward the proposed ordinance. AYES: NOES: Boyd, Snow Campbell, Doane, Yost Motion failed I REPORT - MAIN STREET PARKING LOTS - AMENDMENT OF ORDINANCE NUMBER 1441 The City Manager stated this item is before the Council in response to a request of Council to review the parking meter rates for the lots off of Main Street as well as the hours of operation. The Assistant to the City Manager presented the staff report, explained that this item relates to the current parking meter program and includes an analysis of how to increase utilization of the seventy-seven parking meters installed in February of this year, the goals of that program was to promote optimal utilization for customer parking, attract business customers, attempt to keep beach visitors out of the Main Street lots, and to generate revenue, meter fees were established at $1 per hour between the hours of 8:00 a.m. to 10:00 p.m. daily. He mentioned that due to the perceived under utilization of the off-Main lots the Council requested this report and if warranted proposed amendments to implementing Ordinance Number 1441, the perceived under utilization could be due to the current cost of $1 per hour however a more likely cause is the availability of free parking on Main Street, Ocean and Central Avenues, a total of two hundred fifty-seven spaces. The Assistant continued his report providing considerable detail of the background, recent analysis, spillover effects, and mitigations, with three proposed amendments to Ordinance 1441 for consideration, 1) sustain the current parking meter policies of $1 per hour 8:00 a.m. until 10:00 p.m. daily~ 2) seasonal parking meter fees of $1 per hour in the 100 block Main Street lot from June 1st until September 15th, $.50 per hour for the months thereafter, the hours of operation of 9:00 a.m. until 8:00 p.m. daily, the Electric Avenue/Main Street lots to be $.50 per hour year-round during the hours of 9:00 a.m. until 6:00 p.m. daily~ or 3) the fee for all three lots to be $.50 per hour year-round from 9:00 a.m. until 6:00 p.m. I 7-26-99 I The Assistant advised that the recommendation of staff is consideration of option two to maintain the revenue stream, to discourage night residents from parking in the 100 block Main Street lot as well as beach visitors, this option also opens up the Electric/Main lots for early evening usage. He noted however that there could be a revenue decline of up to twenty percent, dependent upon how the public responds to the new fees, on the other hand they could be revenue neutral or even an increase, and noted that under option three a revenue decline of about thirty percent would be anticipated. I As a point of justification for the expenditure for contract revenue pickup from the parking meters, the Assistant explained that the meters are electronic, that means they interface with computer software, thus it is necessary to have a person that understands that technology, the City of Long Beach has such technical personnel available, a technician is important too when repairs are needed, also, an audit of each unit is done periodically, information as to daily, weekly, monthly revenues can be retrieved, brought to the Finance Department where it is downloaded to provide a complete data base for each parking unit, with regard to security it is felt to be virtually impossible for in-house thievery to take place since whatever coins go into the unit is computerized, all units have checked perfectly thus far. Councilman Boyd moved to approve option three, reduction of all rates to $.50 per hour from 9:00 a.m. until 8:00 p.m., rather than the proposed 6:00 p.m., daily, which will discourage use by beach visitors and local residents, also treats the entire of Main Street the same. There was no second to the motion. Councilman Snow moved to approve option two as recommended by staff. Councilman Doane seconded the motion. AYES: NOES: Campbell, Doane, Snow, Yost Boyd Motion carried I REPORT - BEACH PARKING SYSTEM - PROPOSED CHANGES The Assistant to the City Manager presented the staff report with regard to the analysis of the current beach parking system, explaining that prior to 1996 parking in the beach lots was on a flat rate basis year round, in June of 1996 staff completed an analysis of several parking methodologies which could be implemented at those lots, the analysis was on several criteria, that the design should foster an increase in vehicular utilization of the beach lots and that the parking system should, at minimum, remain revenue neutral or increase parking revenues. He noted that the Council considered and approved a hybrid system with a flat rate during summer months and an hourly rate during off season months. Table 1 was shown of the comparison of parking revenues and vehicle occupancy rates at the 8th and 10th Street beach lots for the traditional flat rates and the hybrid flat and hourly rates, revenue fairly consistent for the three year comparison under the hybrid system, and under that same system the occupancy rates increased considerably. The recent request of Council was to consider implementing an hourly rate system on a year-round basis, and described in some detail the consequences of implementing that system, rather speculative enterprise because of the considerable variables that impact parking patterns at the beach, however explained that staff had implemented the hourly rate system in July of 1996 to determine if this system could 7-26-99 successfully be implemented, that was abandoned when revenues declined by over $4,000 during the first ten days when compared to the prior year. The Assistant addressed the issue of increasing beach parking lot utilization by providing free parking after 4:00 p.m. as had been suggested by Council, currently use of the lots between 4:00 and 10:00 p.m. requires a flat rate of $2 upon entrance, this system in place regardless of the method of summer rates, and reviewed the revenue and vehicle occupancy by month from July 1998 through June, 1999, presumed that Council would not want to change that system during the summer months, rather the non- summer months, a comparison of the revenue stream, occupancy, and the cost of having an attendant at the lots on a daily basis. He mentioned also the issues of crime and security by having the lots open from 4:00 p.m. for free, too, there would be an impact on the use of the Main Street parking meters. The Assistant presented two options for consideration of the Council, approve the continued use of the hybrid parking design at a cost of $2 between 4:00 and 10:00 p.m., or sustain the current parking system except for amending the parking policy after 6:00 p.m. during the off- season months of November 1st through March 31st for free parking. He noted that no data was available to base a prediction of revenues. The City Manager added that it is an indicator of the success of the varied seasonal rates to see the increase from 49,400 vehicles in 1994 to 82,000 currently, the usage increased as well as the revenue, and it is the feeling of staff that neither option would be harmful to this success. I Boyd moved, second by Doane, to adopt option two, to sustain the current parking system except for amending the parking policy after 6:00 p.m. for free parking after 6:00 p.m. from November 1st through March 31st. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried CITY ATTORNEY REPORT There was no report from the City Attorney. CITY MANAGER REPORT The City Manager mentioned that the required annual report has been filed with the California Integrated Waste Management Board which shows that fifty-six percent of household and commercial refuse from Seal Beach has been diverted from the landfills, the Seal Beach program among the best in Orange County. PUBLIC COMMENTS Mayor Yost declared the Public Comment period to be open. Mr. Stan Anderson, Balboa Drive, reported that the Lions Club Fishfry was a success, reminding that the proceeds from the event are in turn donated. He expressed concern however that I odors were coming from the pier restrooms, a problem that he had hoped would be corrected with the restroom refurbishing, to which he requested that this problem be looked into. Mr. Anderson complimented the Council and staff for their efforts in working with the businesses to understand their concerns, yet said there is still a need to provide information to residents and visitors, possibly improved signage to direct people to the parking lots, restrooms, specify the parking lot hours, the businesses need to be informed also as to where their employees can park, suggesting too that it would be informative for the merchants if they were provided copies 7-26-99 I of the reports relating to parking to show the efforts of staff to rotate parking. Mr. Clark, Trailer Park resident, advised the Council that a resident of the community, Ms. Carol Campbell, has recently written a book entitled Women, Families, and HIV/AIDS and will be signing the first edition the following evening at the Barnes and Noble Bookstore just over the bridge. There being no further comments, Mayor Yost declared Public Comments closed. I COUNCIL COMMENTS Councilman Doane noted that the Council has recently been issued a new parking permit for the upcoming year, the permit states it is not valid in the 8th/Central lot, he has experienced difficulty finding a parking space to which he suggested that the Council be assigned a parking space for their use only. Councilmember Campbell reported receiving telephone calls objecting to the condition of Lampson Avenue as a result of dirt hauling, water trucks, etc., however that problem has been corrected as of today. She announced the passing of Ruthanne Bingham, long time editor of the News Enterprise newspaper, and commended her personal and journalistic ethics and skills. Councilman Boyd announced that the City's lobbyist in Washington, D. C. has reported that another $100,000 has been secured for a beach study for the on-going sand fill in Surfside which may in turn have some impacts on the east beach, this announcement worthy of a press release. With regard to the Orange County Fire Authority equity study, Councilman Boyd mentioned that on a fifteen to two vote an amendment to the existing contract was approved, extending the term from three to ten years and placing a cap on the amount of money that can be spent for fire protection. Councilman Snow mentioned receiving six calls from College Park West constituents relating to the closure of the on- and off-ramps while work is being done by CalTrans on 7th Street, some of the detour routes are poor, there is inadequate signage, it was said that the Seal Beach Police Department had not been advised of the closures, it may be well to discuss this issue with CalTrans. He mentioned too that the College Park West people are unhappy with the sole entrance to and from the area, also, when the 7th Street on-ramp is closed a sign should be placed at the Bixby Office Park advising of same. Mayor Yost invited persons interested in serving on the Archaeological Advisory Committee to contact him, and with regard to the Hellman land said he hopes to schedule an informational meeting possibly at the end of August. I CLOSED SESSION The City Attorney announced that the City Council would meet in Closed Session to discuss the items identified on the agenda, a conference with the City's labor negotiator pursuant to Government Code Section 54957.6 relating to Management/Mid-Management Employees and Police Captain salaries, a conference with legal counsel relating to two potential cases of anticipated litigation pursuant to Government Code Section 54956.9(b), a conference with the City's real property negotiator pursuant to Government Code Section 54956.8 relating to property located at 201 - 8th Street, a conference with legal counsel with regard to existing litigation pursuant to Government Code Section 54956.9(a), City of Los Alamitos versus City of Seal Beach, and personnel matters pursuant to Government Code Section 54957. By unanimous consent, the Council adjourned to Closed Session at 10:58 p.m. and reconvened at 12:11 a.m. with Mayor Yost calling the meeting to order. The City Attorney 7-26-99 I 8-9-99 reported that the Council had discussed the items identified on the agenda and that no action was taken. RESOLUTION NUMBER 4720 - COMPENSATION I BENEFITS - MANAGEMENT I MID-MANAGEMENT Resolution Number 4720 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH I ESTABLISHING WAGES AND BENEFITS FOR MANAGEMENT AND MID- MANAGEMENT EMPLOYEES AND REPEALING ON THE EFFECTIVE DATES SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 4720 was waived. Boyd moved, second by Doane, to adopt Resolution Number 4720 as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried RESOLUTION NUMBER 4721 - COMPENSATION I BENEFITS - POLICE CAPTAINS Resolution Number 4721 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING WAGES AND BENEFITS FOR POLICE CAPTAIN EMPLOYEES AND REPEALING ON THE EFFECTIVE DATED SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 4721 was waived. Boyd moved, second by Yost, to adopt Resolution Number 4721 as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 12:13 a.m. Approved: Attest: Seal Beach, California August 9, 1999 I The City Council of the City of Seal session at 7:01 p.m. with Mayor Yost order with the Salute to the Flag. Beach met in regular calling the meeting to