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Home My WebLink AboutCC Min 1997-10-27 10-20-97 / 10-27-97 Attest: C' o I Seal Beach, California October 27, 1997 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor ProTem Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Brown Councilmembers Campbell, Forsythe, Fulton Absent: Mayor Hastings I Fulton moved, second by Brown, to excuse the absence of Mayor Hastings from this meeting. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA Fulton moved, second by Brown, to approve the order of the agenda as presented. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried ORAL COMMUNICATIONS There were no Oral Communications. I CLOSED SESSION Mayor ProTem Brown announced that the Council would meet in Closed Session to confer with the City's labor negotiator with regard to confidential/supervisory/professional/ technical employees as provided by Government Code Section 54957.6. The Council adjourned to Closed Session at 6:32 p.m. and reconvened at 6:56 p.m. with Mayor ProTem Brown calling the meeting to order. The City Attorney reported the Council had met with the City's labor negotiator, gave direction, and no other action was taken. 10-27-97 ADJOURNMENT It was the order of the Chair, to adjourn the meeting at 6:58 Attest: consent of the Council, clerk I Approved: Seal Beach, California October 27, 1997 The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor ProTem Brown calling the meeting to order with the salute to the Flag. ROLL CALL Present: Mayor ProTem Brown Councilmembers Campbell, Forsythe, Fulton I Absent: Mayor Hastings BroWn moved, second by Campbell, to excuse the absence of Mayor Hastings from this meeting. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dorsey, Assistant to the City Manager Mrs. Yeo, City Clerk AGENDA AMENDED Councilmember Forsythe moved to amend the agenda to include a presentation to members of Cub Scout Pack 116. Councilman Fulton seconded the motion. I AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried PRESENTATIONS CUB SCOUT PACK 116 Councilmember Forsythe noted that the Scouts are receiving their Citizenship pin which is earned by learning how I I I 10-27-97 government interacts with the public, what the public does for the government, and what the government does for the public. Councilmember Forsythe presented Citizenship pins to Shawn O'Keefe, Zack Schultz, Thomas Lloyd, Reid Shoval, Michael O'Toole, and Tanner Fist1er with congratulations. SERGEANT GROOS - RETIREMENT Chief Sellers described this as an opportunity to recognize a fellow officer for his dedicated service to the City of Seal Beach for a span of twenty-eight years. The Chief and Mayor ProTem Brown presented a commending plaque to Sergeant Groos. Sergeant Groos accepted the recognition with appreciation. RESOLUTION NUMBER 4577 - RECOGNIZING VOLUNTEER FIREFIGHTERS Forsythe moved, second by Campbell, to adopt Resolution Number 4577 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RECOGNIZING THE SEAL BEACH VOLUNTEER FIREFIGHTERS" for their efforts in response to the September 25th flooding incident and assistance whenever a need arises. By unanimous consent, full reading of Resolution Number 4577 was waived. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried PROCLAMATION - KOCE-TV ANNIVERSARY Mayor ProTem Brown proclaimed November 20th, 1997 as the "25th Anniversary Celebration of KOCE-TV." ORAL COMMUNICATIONS Mayor ProTem Brown declared Oral Communications open. Mr. Reg C1ew1ey, Catalina Avenue, said he had intended to request that Item "I" be removed from the agenda. Ms. Adria Stoker, Long Beach, stated a Petition for Writ of Mandate had been served on Mr. David Bartlett for the Hellman Ranch this evening and a Petition for Writ of Mandate and Request for preparation of Administrative Records was served on the City. Mr. Marty Mahrer, College Park East, inquired as to the status of the slurry sealed College Park East streets since the last ride-along. The Public Works Director reported having met with the contractor, examined the product, looked at the quality of such projects in other cities, at this point the intent is to recommend that the project be finaled and completed as to the contractor meeting the requirements of the contract. He explained that the nature of slurry seal is a somewhat rough texture yet it is a good product, and that all specifications of the project have been met. Mr. Mahrer voiced complaint with the quality of the project, stating his preference to wait a year for better quality. Ms. Sue Corbin, Seal Beach, noted the presence of representatives of the designated Native American tribe of Seal Beach and asked that they have the opportunity to speak under the Research Design item. Mayor ProTem Brown advised that the subject of the Hellman Ranch has been discussed a number of times and offered that they present any comments during oral communications. Ms. Vera Rocha said she is the Chief of the Gabrieleno Shoshone, she did not understand what tribe was being mentioned as the designated tribe for Seal Beach. Ms. Rocha stated she has been working with the Council for maybe the last five or six years, and was disappointed because she has heard nothing from the Council since she was last here. Mr. Stickle invaded their territory, desecrated their graves, and insulted her people and ancestors. Ms. Rocha said she was here because she is . 10-27-97 designated as the most likely descendant, she could pick anyone to be the monitor, and she does not want anyone from any other tribe to tell her, on her territory, what she can and can't do. Mr. Stickle and Moira Hahn harassed and insulted her. Ms. Rocha commented further about the sites. There being no further comments, Mayor ProTem Brown declared Oral Communications closed. I CONSENT CALENDAR - ITEMS "D" thru "R" Members of the audience requested Items "H", "I", and "H" removed from the Consent Calendar, and Councilmember Campbell noted a typographical error in Item "R", page thirteen of the September 22nd minutes, the year of 1980 corrected to read 1880. Forsythe moved, second by Campbell, to approve the recommended action for items on the Consent Calendar as presented except Items "H, I, and K", removed for separate consideration, and to approve Item "R" as corrected. D. 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 unless specific request is made at that time for the reading of such ordinance or resolution. E. Approved regular demands numbered 17407 through 17578 in the amount of $657,976.43, payroll demands numbered 24329 through 24497 in the amount of $224,704.26, and authorized warrants to be drawn on the Treasury for same. I F. Received and filed the third quarterly report relating to the Daytime Curfew Ordinance. G. Received and filed the staff report relating to the Seal Beach Naval Weapons Station Installation Restoration Program - status report relating to All Installation Restoration Sites. J. Adopted Ordinance Number 1421 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REPEALING THE STATE LANDS SPECIFIC PLAN." By unanimous consent, full reading of Ordinance Number 1421 was waived. L. Denied the claim for indemnification, contribution and declaratory relief of Super Saver Cinemas No.1, Ltd. and referred same to the City's liability attorney and adjuster. I M. Authorized the extension of the service contract with Medix Ambulance Service under the same terms and conditions as the current contract until such time as the Ambulance Service Request For Proposal is completed by the Orange County Fire Authority, not to exceed July 1, 1998. 10-27-97 N. Approved the purchase from existing Local Law Enforcement Block Grant funds, ink-less fingerprint equipment for local residents, Operation Safe Check crime prevention and children's fingerprinting programs, and 460 MHz police radios for the Senior Volunteer and Reserve Police Officer programs, the total cost being $7,525. I O. Received and filed the Monthly Investment Report for September, 1997. P. Adopted Resolution Number 4578 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH OPPOSING THE PROPOSED DEVELOPMENT OF MILE SQUARE PARK (A REGIONAL PARK FACILITY) AS LIMITED USE RECREATION. By unanimous consent, full reading of Resolution Number 4578 was waived. Q. Approved the plans and specification for Project Number 675, the 1997/98 Concrete Maintenance Repair project, and authorized staff to initiate the public contract bidding process. R. Approved the minutes of the joint Redevelopment and City Council meeting of September 22, 1997 as corrected. I AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "I" - ORDINANCE NUMBER 1420 - HELLMAN RANCH SPECIFIC PLAN Mr. Reg Clewley, 955 Catalina Avenue, stated his opposition to the passage of Ordinance Number 1420, certification of the final Environmental Impact Report, and General plan Amendment 97-1 relating to the Land Use Element, claimed that information at the October 8th Planning Commission meeting leaves in doubt some of the mitigation measures recommended by the Archaeological Advisory Committee, the Environmental Quality Control Board, and the Planning Commission. Mr. clewley referred to the revocation of Variance 87-2 item on that October 8th meeting that required the signing and recording of an in-lieu parking agreement prior to the issuance of building permits, however the staff report states that the applicant never signed the agreement and the City issued the building permit contrary to condition three of the variance, to which he compared that building permit issuance to the permit issued for 1733 Crestview last year while under a stop work order. with regard to the relevance of Variance 87-2 to Item "I" Mr. Clewley asked that his oral communication comments from the last meeting be included in the record of this meeting. He questioned what would make the advisory bodies believe that the required conditions would be met prior to the issuance of building permits. Mr. Clewley moved that Ordinance Number 1420 be removed and returned to the Planning Commission, and returned to the Archaeological Committee and EQCB to provide the opportunity to reassess their recommendations. 10-27-97 Forsythe moved, second by Campbell, to adopt ordinance Number 1420 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING THE HELLMAN RANCH SPECIFIC PLAN (HELLMAN RANCH SPECIFIC PLAN AMENDMENT 97-10)." By unanimous consent, full reading of Ordinance Number 1420 was waived. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried I ITEMS "H" and "K" - ORDINANCE NUMBER 1423 - AMENDMENT OF REDEVELOPMENT PLAN I ORDINANCE NUMBER 1422 - HELLMAN RANCH DEVELOPMENT AGREEMENT It was noted for the record that the member of the audience that requested Items "H" and "K" removed from the Consent Calendar was not present in the Council Chambers. Forsythe moved, second by Campbell, to adopt Ordinance Number 1423 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE RIVERFRONT REDEVELOPMENT PROJECT OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH" and to adopt Ordinance Number 1422 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES LLC, REGARDING THE 'HELLMAN RANCH SPECIFIC PLAN' . " By unanimous consent, full reading of Ordinances numbered 1423 and 1422 was waived. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried I CONTINUED PUBLIC HEARING - FRANCHISE AGREEMENT - COMCAST CABLEVISION I ORDINANCE NUMBER 1418 - FRANCHISE REGULATIONS Mayor ProTem Brown declared the continued public hearing open to consider the renewal of a non-exclusive franchise with Comcast Cablevision to operate the City's cable television system and to consider first reading of proposed Ordinance Number 1418, amending Chapter 23A of the Municipal Code. Mr. Marty Mahrer, College Park East, stated that the Cable Foundation had voted to place an announcement on the local cable bulletin board of this meeting, it was shown on Wednesday, was taken off on Thursday, on Friday the Comcast General Manager told him that the announcement was taken off because the wording was wrong, more specifically the words 'speak now or wait until 2007', also that the paperwork was incorrect, which he claimed should not have been done as it relates to First Amendment Rights. Mayor ProTem Brown responded that he had been contacted by the General Manager, the language was corrected for rebroadcasting as it is believed that the City has a final say in that kind of situation. Mr. Mahrer claimed this to be usurping, a First Amendment Rights issue, and a breach of the contract. The Council invited the presentation of public comments with a suggestion that responses be made at the end of the discussion. Councilmember Campbell asked that responses be made at the time of a question or concern. Mayor ProTem Brown said his desire was that the public present data that has not been previously addressed yet should be given consideration, such as inconsistencies between the contract and the ordinance, issues that can be further negotiated. I Mr. Marty Mahrer commenced his comments relating to the regulatory ordinance as follows: I I I 10-27-97 * Page 3, Section 2, Findings, asked who, where, and what department of the City will regulate cable television and telecommunications franchises to the extent authorized; * Page 7, Section 23A-6(1), questioned the toll free telephone lines for weekends, if there is one; the not to exceed wait time of thirty seconds, he has talked to subscribers that have waited fifty-nine or more, there is nothing if one calls the Seal Beach number at minutes after 5:00 p.m.; * Mayor ProTem Brown responded that if these requirements are not met, and someone reports that they are not, it will be looked into, the City now has the ability to address such complaints, where, in the past, the problem has been that the City has not exercised that ability, the intent is to have a City staff person log complaints; * Page 8, Section 23-A6(2) and (4), Mr. Mahrer said to him they are scrambled, could possibly be combined, his feeling is that they conflict with one another; he does not like the wording of (4) with regard to ...maintenance and repair staff capable of responding... from his experience he would want people that 'would' respond, 'capable' an interesting word and questioned its meaning; * To the Mayor ProTem's suggestion for more definitive wording, the consultant, Mr. Pilnick, said he did not believe the key is the word 'capable', it is on a twenty-four per day basis, essentially this clause is to notify the cable company that they have the obligation for emergencies, to have someone on call all the time, middle of the night or not, other wording relates to other situations, this relates to emergency situations; * With regard to subsection (3), the Seal Beach office open eight hours, five days a week, to which Mr. Mahrer questioned when the half day will be, assumed to possibly be a Saturday morning; with regard to "b", said ninety percent is not tight enough, suggesting ninety- five percent measured on a quarterly basis, his preference would be ninety-eight or ninety-nine percent; * Mayor ProTem Brown responded that there was considerable discussion of "b", he did not expect that percentage to change, that is industry standard; * Page 8, subsection 2(b), Service Standards, referred to the words "normally capable', which he said is inconceivable, why are those words used, his concept is that this conflicts with subsection 1(2); subsection 2- b(1), to '...affecting at least ten percent of the subscribers of the system', questioned if anyone is aware of the number of subscribers of the system, if that includes Leisure World, described in other sections as a gated community, yet this contract is exclusive of Leisure World; * At the request of Mayor ProTem Brown, Mr. pilnick responded that Leisure World has a separate contract however is considered part of the system where the ten percent threshold applies; 10-27-97 * To subsection 2-b(2), isolated outage, said it appears that some of the service areas are being treated totally different yet the people of Seal Beach and Leisure world are paying for one hundred sixty-eight hours of service, if they are treating areas differently he would like to know why, describing an isolated outage as one or more channels for three or more subscribers, on weekends an outage that affects fewer than three that results in a service call will be no later than the following Monday, to which he claimed that this is a simple system and if one customer is without service he would guarantee there will be more than three; I * The Mayor ProTem responded that that seems reasonable and if it is an emergency the cable company will take care of it, explained that in Leisure World there have been two or three sets without power because the lines coming in can do that, again, if the company is held to these provisions good service is expected; * Page 9, subsection 2(3), inferior signal quality, questioned who decides what is inferior - the response to that was to use the 'reasonable man' concept, defining 'inferior' is difficult, which in some cases could require the services of an arbitrator - and in response to that the comment was that there are standards, a number of tests, anything that the electronics world can provide, that is why he requested definition of 'inferior', such language too broad; * Page 9, subsection 3-b, billing dispute, in such case written response within thirty days, his desire would be that a copy of the response be provided to City Hall; I * Mayor ProTem Brown offered that that could be requested, the feeling is that the company would be willing to accommodate that, there will be no problem if there is a response, if no response that is the problem - the rebuttal to that was that it is another means of keeping track of what is going on, note any patterns - the response was that the cable company wants the City to use their system, there is competition, and if the system is not working, it will not be used, thus the feeling that Comcast will periodically let the City know what type of written complaints come to them; * Page 9, Billing and Information Standards, subsection 3- c, with regard to credits or refunds for service interruption for four or more hours, the comment of Mr. Mahrer was that he does not pay for services if other utilities are down, and if the cable system is down it should not be paid either, contending that subscribers should not have to wait four hours, and described a recent downage of his service, the response to his call was to check his television set, also that neither College Park East or Seal Beach had a problem, even though there was snow, etc. I * The question to Mr. Mahrer was if in the future he would be reporting that occurrence to City Hall in addition to the cable company, offering that if the company does not do what the regulations provide then monies will be taken from them, those in charge of the company also want to know whether the service they are paying for is being provided, and they will not know unless they are I I I 10-27-97 told; * page 10, subsection 5-a, Complaints and Disputes, procedures for, to which he questioned where are those procedures, how do people know what they are supposed to do, are they published anywhere, there should be a copy at City Hall for public information - the response was that a means needs to be developed for City Hall to receive complaints and the cooperation of the cable company is anticipated; * Subsection 5-b, the City has the right to review subscriber complaints, as mentioned before - the response was that the City plans to do that; * Page 12, Section 23A-B, Construction Requirements, subsection l-d(2), questioned the amount of time it takes the cable company to repair sidewalks, described two sidewalks in the College Park East area that were dug up then instead of concrete they were repaired with asphalt, which took about six or more months, they also start working in the City without any authorization, his request would be that there be a specific time frame for the work and repair before such work is commenced - the response to this concern was that the City needs to be notified which may even require closing down a job; * Councilmember Campbell noted that the sidewalk across from Heather Park was repaired this date, a person wearing an orange vest watched; * The Mayor ProTem again recommended that anytime someone is digging up a street or sidewalk in the City that they be closed down unless City permission has been granted; * Question was posed as to the disposition of abandoned equipment on or adjacent to private property - the response was that after a period of thirty days it is abandoned and can be disposed of - to which Mr. Mahrer described a cable box and wire left at a property for more than a year - to which the response was that that is the fault of the City, should have been taken care of; * Page 14, Section 23A-9, Technical Standards, complaint lodged that the technical standards should be defined and contained in the ordinance, there is no reference to where such standards may be found, testing, scheduling, the language too generic; * Page 15, Section 23A-ll, Records Required, subsection 1(3), reference made to a summary of service calls if requested by grantor, to which Mr. Mahrer said a summary would not contain the same information that would be transmitted by telephone, rather, a summary of someone's idea, it should be the specific complaint, will the City specify the detail of information requested, again asked that the word 'reasonably' be deleted - the response was that if the summary information is not felt to be sufficient, the intent would be to return it and request further detail of the complaint, the intent is to obtain data as to the number of service calls, the nature thereof, it is felt that the word 'reasonable' is appropriate; 10-27-97 * Councilmember Campbell inquired if the actual complaint records could be reviewed by the City - the response of Mr. Mahrer was affirmative; * Page 17, subsection 3, Opinion Survey, suggested such survey at least once a year for a better reflection of what is going on - the response of Mayor ProTem Brown was that this received considerable discussion, the conclusion being that every two years would be adequate, if it is done every two years; I * page 17, Section 23A-12, subsection 2, Special Review, suggested that something be added with regard to maintenance methods; given redundancy, possibly combine subsections 'b' and 'c'; subsection 3, Special Evaluation Sessions, Mr. Mahrer said he felt such public forum would be beneficial to the public, Comcast, other cable companies, to get ideas of the aspects of how to talk to customers, how to treat and maintain them; * The Mayor ProTem responded that his feeling is that if people would come forward with constructive criticism that would be well received, not so with a complaint session; * Page 19, continuation of subsection 2-a, expressed opinion that fifteen rather than thirty days would be reasonable for remedying franchise violations - the response too was that that issue received considerable discussion but was not one of the highest points of concern; I * Page 20, Section 23A-15, Abandonment or Removal of Equipment, subsection 'a', suggested that the time frame should be thirty days - the response was that thirty consecutive days should be considered to be abandonment - question was raised as to the difference between subsections 'a' and 'b'; * At the request of Mayor ProTem Brown, Mr. Pilnick explained that subsection 'a' is intended to cover major items like the cable system itself, for example if it is not operating and it would be unreasonable to take all of the cable out, 'a' applies to any system condition, 'b' is different in that it relates to broken or discarded equipment. Mr. Mahrer requested that there be a public study session to review in greater detail the provisions of this item, for more specific definition of meanings, which may in turn bring up additional questions. Ms. Terri Quinlan, Seal Beach, presented her comments to the proposed Franchise Agreement and Regulatory Ordinance: I * The Agreement may not be the best offer, there are specific items that have been overlooked therein, to pass the ordinance may not be the best thing to do at this time, the ten year agreement should be carefully scrutinized, and asked that passage of the ordinance be delayed; * With due respect to the consultant, there are things in the ordinance that were not discussed at prior meetings; I I I 10-27-97 * Comcast has failed to meet the standards of the Group W agreement that they assumed in 1982; It is felt that Comcast is in arrears with their payment of the $75,000, since the 1982 agreement has continued on a month to month basis since March of 1997, questioned why that has not been pro-rated and paid to the City upon demand, it appears that they have held back payment intentionally pending approval of the franchise agreement; * * The community bulletin board issue has been mentioned; again, Comcast has failed to perform, an example being the public access coordinator which there was none for a period of six months, there are promises with no follow through; * The franchise agreement does not define specific procedures, with regard to accountability she referred to pages 12, 13 and 24 of the franchise agreement, and pages 7, 10, 11, 15, 17, 18 and 19 of the proposed ordinance; made reference to the Comcast station in the City of Buena Park, that City having a Community Cable System Board that meets quarterly to evaluate complaints and non-compliance issues of the subscribers, to which Ms. Quinlan recommended that a similar board be established in Seal Beach, and such regulatory entity not to be determined by the Grantee as stated in the proposed ordinance; . * The Cable Foundation has done a good job, there is currently $200,000 in an interest bearing account, the function of a non-profit organization is to be the governing agent to disperse funds, and the fact that there is that amount of money shows that they have done the job well; based upon the fact that the cable company will back out of any arrangement for public access and turn pver the equipment to the City, then the terms of public access becomes similar to a small business, and even with the $75,000 per year and the existing funds, they will soon be depleted; there is also no mention of payment for the public access coordinator in the documents, that paid by Comcast to date, will that position become an employee of the City, if those monies come from the $75,000, that money will be depleted quite fast; * Recommends that the responsibilities of the Foundation be more clearly defined, and possibly the membership should be expanded, those members having a background in law, accounting, and MBA experience; * with regard to facilities, it is understood that the studio is the result of a lease arrangement made with Group W, Comcast assumed the lease, yet at this point Comcast is saying they will only pay the rent for another three years, to which she questioned what happened to the lease arrangement, is there a letter of intent, isn't there a binding agreement with regard to the studio arrangement, is it month to month, if someone proposed moving it is there something that binds the studio to stay there, is the area all of the upstairs of the building, where will space for the coordinator, tape storage, and edit bays be located, if the rental does not incorporate those areas, where will they go; 10-27-97 * Nothing was found in the documents with regard to playback, it used to be done in Seal Beach, then Comcast moved that operation to Fullerton; nothing is said about coverage of City councilor Planning Commission meetings as well; * With regard to the van, the current contract states that there shall be two vans available to public access, one for Seal Beach and one for Leisure World; the current proposal suggests that there be authority to use the van twelve times a year, also, Comcast will no longer be covering what they call local origination programming, therefore public access will need to cover the events for the whole year; Ms. Quinlan read sixteen categories of events that are covered, noted that one producer has covered about eight of the school events this past year, those can be added to the sixteen listed; as to the number of van shoots, in the past Comcast has charged what they termed to be a reasonable fee for the van, that being $400, it is unknown where that fee came from or how it was decided; if the word 'reasonable' is used in the documents it is suggested that it be stated what reasonable means as it is too broad a term, especially with regard to the van arrangement; I * It is believed that based on failure to perform, there is usually a fine to be paid, therefore the City should ask, or recommend, that the City be given one of the vans, doing so would make it possible for more programs; possibly ask for some grant money for special projects, shoots in other areas, and different subject matter by having access to a van at any time; the City could also rent the van to generate more revenue; I * Ms. Quinlan noted a typographical error in subsection 6- b, page 4, and a missing period in subsection 6-a; as to a question of the coverage of the City, noted that page 24 of the ordinance refers to the entire geographic area of the City of Seal Beach as it is now constituted, which she suggested that language be incorporated in other areas of the agreement. * Dr. Rosenman, Seal Beach, suggested that it might be helpful for the audience and viewing public to explain what is being paid for under the proposed agreement relating to public access, will City Council and Planning Commission meetings be covered, etc.; * Mayor ProTem Brown explained that the cable company will have little to nothing to do with that, the City and the Foundation will make that determination based upon the money they have and how it is desired to be spent, he is personally comfortable that the Council will encourage the Foundation to do as much as is possible, however it is realized there will not be enough money for everything; I * To the question will anything be lost, the Mayor ProTem confirmed that the rent on the studio will be lost after three years, the City will assume payment for the coordinator; at the present time the $75,000 is transferred to the Foundation, they in turn pay $50,000 to Comcast, Comcast pays the coordinator, and it is felt that the Foundation can do a better job in determining how the $75,000 is to be used; I I I 10-27-97 * Dr. Rosenman concurred with the previous speaker with regard to a citizen board to oversee the adequacy of the cable service, which may resolve a number of problems and relieve staff of that responsibility; * Ms. Elaine Hamada, Los Alamitos School District, was introduced to the Council; Ms. Hamada acknowledged that the agreement proposed is between the City and Comcast, however assured that the District is interested in working closely with the City in this endeavor, in fact for the past two years the District has been installing infrastructure in all of their sites with the intention of taking advantage of the cable system for an internet access; Ms. Hamada was assured of the City's active and cooperative efforts with the District; Mr. John Unrath, College Park East, recalled sending a letter to the Council some time back with regard to band width, noted Section 4.1 of the agreement which calls for the system to build up to 750 MHz bandwidth, which he deemed would be one hundred twenty-five channels, 6MHz per channel - the response, in part, of Mr. pilnick from the audience was that the statement was incorrect, the channels do not start with zero, about eighty channels of active bandwidth... - to the response Mr. Unrath said it was less bandwidth than he was quoting, and inquired as to HDTV that will use digital compression, use one entire channel - again in part, Mr. Pilnick responded that HDTV is questionable at this point, this type of agreement can not project what type of technology will take place in the next ten years; Mr. Unrath said his point is the eighty channels of analog bandwidth, 6MHz channels, right now digital compression is promising one hundred seventy-five channels with satellite TV, there are many things that will take more bandwidth, expansion of the bandwidth needs to be written into the agreement or call for future renegotiation to do so, 750 bandwidth will not do it; * It was suggested that Mr. Unrath then go with satellite TV, the hope is that pressure from the people will cause Comcast to provide the kind of service that the City expects, if they do not they will not be in business; * * Ms. Dar Brown, 6th Street, concurred that the agreement may need further review; reinforced the opinion as to the importance of public access, important that the Council, Planning Commission, and the School Board be agendized for public access, many things may be left out if the agreement is entered into as written; if the studio were to close, what is going to be used for public access, if the van is available only twelve times a year will the rental payment be required; even though Comcast has not been the best service she has experienced, if agreement is going to be entered into with Comcast there has to be agreement also with the City, the residents, and public access so that messages can be gotten to the community; * Mr. Gordon Shanks, Surf Place, expressed his opinion that public access is a primary weakness of the proposed agreement; said twelve years ago the City signed a contract for $75,000, now there is $75,000 for ten years out, the City is covered for inflation by a flat five percent, it is quite certain that Comcast will raise 10-27-97 their rates over the next ten years, so if it is said there is interest in keeping and improving local programming he can not see that happening unless the City is willing to take something from their five percent, which he does not foresee~ with regard to the van, it is understood that Comcast claims it was not . being used twelve times, then reasonable cost to use ~t over twelve times, to which he suggested that the contract reflect a use of thirty-six times a year, if used only eleven times Comcast has lost nothing, and what is a reasonable cost for the van~ also, when there is a ten year contract and a Foundation, it seems that the ordinance should reflect that ten years from now a representative of the Foundation and/or review board should be included in the negotiations~ * Mayor ProTem Brown noted that the city will have total control with regard to public access, the number of channels, will have the equipment, etc., the public access issue lies with the City Council and the Cable Foundation; some type of inflationary coverage became a serious consideration of the contract negotiation1 the cost for use of the van will be provided by sideletter before closure of the contract1 I * Ms. Donna McGuire, College Park East, said her comments dealt more with customer satisfaction and in the spirit of keeping cable given her interest in public acceSS1 upon having cable installed they found there were horizontal lines through the picture, the boxes did not work, there were charges for programs that were not ordered, special programs would broadcast in one area of the house and not the other, letters were sent to the cable provider, phone calls were made, the company suggested the problem was in-house, after some years her husband determined the bills would not be paid until the service was fixed, a service representative arrived a week later to determine that the system had been hooked up to old rather than updated cables1 when the service rep was asked to look back at her records, that could not be done because the records had been purged, communications sent with a bill had been delivered elsewhere~ her concern is that there is no means of tracking customer satisfaction1 the major component of keeping Comcast is watching local programs like Council meetings~ entering into a long term contract where technology is doubling every nine months is worrisome, the contract wording needs to be tightened and a means for tracking customer satisfaction1 willing to pay more money for Comcast and satellite if receive good service and public access1 a line of communication is needed so that people can call in their complaints, they can be tracked and fixed1 I * Ms. Pedigo, President of the Leisure World Video Producers Club, noted the many hours that their members spend producing public access programs1 I Mr. Peter Anninos, Seal Beach, presented his comments as follows: * The playback headend equipment used for locally produced programs used to be housed at the Old City Hall - question was raised if that would not be what would happen once the City owns the equipment and is in I I I 10-27-97 control - response was that it is understood that Comcast will continue to handle playbacks from their facilities in Fullerton, the equipment was taken there and has not returned; * Understand there is no prov1s1on for an increase of PEG funding in the agreement - Buena Park contract provides for $10,000 in the first year, increased slightly each year for life of agreement - a response, in part, from Mr. pilnick in the audience, was that that comment was incorrect, the estimate had nothing to do with the CPI, the anticipation is $60,000 over the first year of the contract because the company is offering internet services which will mean more revenue, in turn more franchise fees; Mr. Anninos suggested that a CPI provision from Comcast would be a small amount and a nice gesture - as to a CPI provision with other cable companies Mr. pilnick noted there are on-going negotiations with Time Warner in Garden Grove, their PEG support is zero - Mayor ProTem Brown said all agree that public access is essential for Seal Beach, all else can be obtained through satellite; * Cable Agreement, page 22, Section 6.2(b), maintenance of Grantee's PEG access facilities and channels, the studio is to be handed over to the City to operate, is Comcast going to continue to maintain those facilities, the interconnects between here and the headend, otherwise the studio may get moved at some point in the future - Mr. Pilnick responded that the key word is 'channels', they are still Comcast channels; * with regard to Exhibit B-3, 4, PEG Access Channels, the concern is with the wording, 'up to three video channels' available for PEG access use, that wording could mean zero, he would request the wording changed to provide that there 'will continue to be three PEG channels' - Mayor ProTem Brown stated he had no problem with the 'up to' three PEG channels, that means there are three available if there is programming to put on the three channels; * It continues to say that the three channels are exclusively for PEG access use, the next sentence then says that the Grantee, Comcast, may use any portion of these channels during any time that they are not scheduled for PEG access use - Councilman Brown cautioned that if there is nothing on Channel 3 as an example that is of interest between programs the viewers will not watch that channel, Comcast will help bring in things of interest, which in turn will help the Foundation - Mr. Anninos said he did not feel it would be difficult to have programming for at least eight primary viewing hours a day, therefore the word 'exclusively' is not correct - Mr. Pilnick responded in part, from the audience, that the word 'exclusively' does not mean twenty-four hours a day, it is common practice to say that if the channel is not being used for PEG access that the grantee can use it - Mr. Anninos expressed concern that there would be programs that are of no interest and that would harm the PEG channel programming; * Page B-4, reference was made to the provision of one additional channel for PEG use upon completion of the 10-27-97 system rebuild to 750 MHz, yet the prior paragraph states there will be up to three channels, question is how many PEG channels will there actually be......and, once there is eighty hours per month of unduplicated video programming, access of another channel could be offered, which in turn could be a total of two channels rather than four, his concern is with the wording should Comcast or someone else buyout the system at some point in the future and try to take advantage of some wording that may not be completely clear - the Mayor ProTem noted the importance of understanding pages B-3 and B-4, the language needs to be tight as it is the key to the PEG access provisions; I * At some point the City may want to have a channel dedicated to a bulletin board, new character generators not only provide text but audio and video messages, informational data that could run twenty-four hours a day - the suggestion was made that the City review pages B-3 and B-4 again and that the Foundation do so as well, so that there is clear understanding of these provisions _ also, the intent is that insignificant programming not be placed on channel three to merely fill it up, the Foundation should have the opportunity to review what is being aired on that channel so that people will watch; * Page B-4, the last paragraph under item 4, reads portions relating to the designation of channel 3 - the response"was that at some point in the future that channel may not be known as 3 as the cable company begins to bring channels together and group them - Mr. Anninos noted the language that states the grantee shall make every good effort to maintain channel 3, his opinion is that 3 is important to Seal Beach, it would seem reasonable for the City to insist that channel 3 remain as one of the three PEG channels - response was that channels will eventually be grouped, it would not be good to be locked into channel 3, channel 3 will remain as it is now for as long as possible, but in the future the reference may change; I * Page B-4, paragraph 5(a), PEG Access Equipment and Facilities, comment was that Comcast will be raising their rates, increasing their revenues, there has already been a rate increase; to take advantage of the new digital service a new digital box will be necessary, that box will be $10 extra per month, looking at about two percent PEG access grants or fees, as the company's revenues increase and inflation goes up, percentagewise the ability to operate will potentially be restricted, therefore he would urge Comcast to adjust the $75,000 by the CPI - question was posed as to if the CPI goes down can the $75,000 be adjusted accordingly; * Page B-5, paragraph 5(a) continued, the wording that ....Grantee agrees that any such funds may be used for any and all PEG purposes.... - Mayor ProTem Brown cautioned that under the law these monies may not be spent for operating expenses or capital equipment, the company is being generous by allowing the City to do this - Mr. Anninos noted the language 'non-capital expenditures' to which he questioned if that would mean cameras could not be purchased - the response was that the monies can be spent for anything that is wanted so long as the City Council agrees with the budget, the I I I I 10-27-97 monies come to the Foundation through the Council, the Council will expect the Foundation to come up with an operating budget and plans as to what to do with the money, that will either be approved or not approved, there will be control over the Foundation to a certain degree; * Page B-S, paragraph SIb), with reference to good faith to connect McGaugh School to any network, the comment was that it sounds like good faith if someone else pays - the response was that good faith is trying to get Time Warner to also work towards that goal, they are key to that effort, the intent is not only coverage of the School Board but activities at McGaugh, football games and various activities of Seal Beach residents on channel 3 - as to what is delaying this effort, Mr. Pilnick said his information is that Time Warner is not being cooperative - Councilman Brown expressed his belief that contacts in Los Alamitos can help to encourage this effort, this is a family project, it is believed that representatives in Los Alamitos will help, and that Comcast will cooperate and assist the City in this effort, competition is a factor, the company wants their cable to be the best it can, which was not the case five years ago; Page B-S, paragraph (c), relating to the availability of the production van at no cost for a minimum of twelve times per year, with a reasonable charge for any additional usage - Mayor Pro Brown advised that the charge will be discussed and determined what will be reasonable, discussed with the Foundation as well, that will be done by a side letter, noting also that the van may be busy for a particular shoot, not be available, as has been the case in the past; * Page B-7, Section 9, Relocation of PEG Channels, Mr. Anninos noted that relocation happened before, the City objected, that was it, it is hoped that will not happen again, and inquired what the City can do to at least assure channel 3 - the response was that it is a win/win situation so long as it is a benefit to both parties and it keeps people from buying a satellite; * * As far as cable service goes people have spoken regarding picture quality and service in general, supposedly some assessments were done of the system from various tap points around town, and although it is said to have checked out, channels 2, 4, and sometimes S are not good, yet when a service call is made the response is that it is probably one's TV set; with the changes in weather the connectors get loose, collect moisture, etc. and need to be redone periodically, that occurs at the connection to the house; suggested that at some point the City should hire someone to accompany a cable technician to check the signal strengths and signal noise ratios as there are some doubts. * Mr. Jim Clow, Seal Beach, noted that there has been a problem with channel 2 for some time, the company General Manager said she would have it checked some six months ago, when a service call was made to verify that it was not his equipment the technician said it was not his equipment, then whose equipment is it? 10-27-97 Mayor ProTem Brown declared the public hearing closed, however suggested that there be additional discussions with the consultant, Mr. Pilnick, as well as with other members of the Cable Foundation. He clarified that no further public hearings will be held. RECESS It was the 'order of the Chair, with consent of the Council, to declare a recess at 9:20 p.m. The Council reconvened at 9:30 p.m. with Mayor ProTem Brown calling the meeting to order. I PUBLIC HEARING - WATER RATE ADJUSTMENT Mayor ProTem Brown declared the public hearing open to consider a water rate adjustment and a water commodity adjustment clause, approved by the City Council on June 9, 1997. The City Clerk certified that notice of the public hearing was advertised and mailed to each property owner in the city of Seal Beach, and reported one communication received from a Walter Miller, Seal Beach Boulevard, copies of same provided the Council. The City Attorney clarified for the record that the public hearing notices were mailed within the time period prescribed by law. The city Manager reported there was a presentation at length on June 9th relating to the deficit situation with regard to water services, the deficit recommended to be corrected pursuant to the water rate study as provided by the City's consultant, Willdan Associates, which protects against a future deficit as a result of water cost increases. There being no public comments, Mayor ProTem Brown declared the public hearing closed. The City Attorney stated for the record that there has not been a majority protest on this matter, and that a finalizing document will be prepared for Council action at the next meeting. Fulton moved, second by Forsythe, to approve the water rate adjustment and commodity adjustment clause as presented. I AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried RESEARCH DESIGN - HELLMAN RANCH SPECIFIC PLAN Mayor ProTem Brown announced this item as the Research Design for the Evaluation of Archaeological Sites Within the Hellman Ranch Specific Plan. Councilmember Forsythe commended the manner in which the Design was compiled and the sensitivity created by the document. Forsythe moved, second by Fulton, to approve the Research Design as presented. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton None Hastings Motion carried I CITY MANAGER REPORTS The City Manager reported that a training session was held last week at the EOC, hosted by the -Orange County Fire Authority, a practice session to further refine the ,emergency response plan in preparation for the upcoming winter season, and that preparations are continuing for the import of sand as well. He reported also that the City has been enforcing its sign ordinance, particularly with regard to real estate signs placed in the public right of way, that prior to commencing enforcement letters were written to the real 10-27-97 I 11-10-97 I estate offices, the brokers, and Board of Realtors in an attempt to obtain' their cooperation, at this point there has been no prosecution efforts. Mayor ProTem Brown questioned how much notice there would be of an EI Nino situation. The City Manager noted that a participant in the training session was the weather forecaster for the Fire Authority, depending upon the size and direction of a storm there could be several days warning, that information would be provided by the Fire Authority and other sources. Mayor ProTem Brown said he would hope Leisure World will be provided the same detail of information as the City, which will allow some preparation time. Councilman Fulton noted that there is a Leisure World resident that checks the weather scanner every day. ORAL COMMUNICATIONS There were no Oral Communications presented. I COUNCIL CONCERNS Councilman Fulton said when there is notice of an approaching EI Nino he would hope it would not be like Denver that went from a light snow prediction to four to eight feet. Councilmember Campbell reporeed that the Halloween Haunt, hosted by the College Park East Neighborhood Association, was held this past Saturday, was very successful, predicted to be bigger and scarier next year, and next Saturday the Association will be sponsoring a paper drive at Almond Park. She inquired of the Public Works Director if tree trimming has been scheduled for the south side of Lampson Avenue, to which the Director reported they are private property trees overhanging onto the street, a letter is being forwarded to those homeowners requesting that their trees be trimmed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, November 10th at 6:30 p.m. By unanimous consent, the meeting was adjourned at 9:45 p.m. Approved: ~.~... liay"r P m cle'rk Seal Attest: I Seal Beach, California November 10, 1997 \ l The City Council of the citY~fdial ~r~h'met In regular adjourne~ session at 6: 30 .:p. ~J!!'.i:tl~~ P'I.M ~ f"~~li:tilngs calling the meet~ng to order w~th~~he~i ~~~ 0 ~h~'Fla9. "~ "'.... .