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HomeMy WebLinkAboutCC Min 1998-07-27 7-13-98 / 7-27-98 ADJOURNMENT It was the consensus of the Council to adjourn the meeting until July 27th at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 9:02 p.m. Attest: lerk and ex-offic 0 e City of Seal Beach I Approved: Seal Beach, California July 27, 1998 I The City council of the City of Seal Beach met in regular adjourned session at 6:33 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brown Councilmembers Boyd, Campbell, Doane, Yost Absent: None Also present: Mr. Barrow, City Attorney Mrs. Yeo, City Clerk The City Manager joined the Council in Closed Session. APPROVAL OF AGENDA By unanimous consent, the Council approved the order of the agenda. I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to confer with legal counsel with regard to anticipated litigation pursuant to Government Code Sections 54956.9(b) and (a), and pursuant to Government Code Section 54957, a publ~c employee performance evaluation of the city Manager,. By unanimous consent, the Council adjourned to Closed Session at 6:36 p.m. and reconvened at 6:57 p.m. with Mayor Brown calling the meeting to order. The City Attorney reported the City Council had given direction to the City Manager with regard to the first item of anticipated litigation, the Council did not have adequate time to address the other two items, therefore the intent is to adjourn this meeting until 8:30 to reconvene in Closed Session. The meeting was recessed at 6:58 p.m. and reconvened at 9:02 p.m. 7-27-98 CLOSED SESSION The City Attorney announced that the Council would adjourn to Closed Session to discuss the items identified on the 6:30 p.m. and 7:00 p.m. agendas. The Council adjourned to Closed Session at 9:02 p.m. and reconvened at 10:10 p.m. with Mayor Brown calling the meeting to order. The City Attorney reported the Council had discussed the two items identified on the agenda, with regard to the second item of anticipated litigation pursuant, to Government Code Sections 54956.9(b) and (a), the Council gave direction to the City Manager, and with respect to the personnel matter, pursuant to Government Code Section 54957, the Council gave direction to the City Attorney. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 10:11 p.m. Attest: clerk Approved: 6- I Seal Beach, California July 27, 1998 The City Council of the City of Seal Beach met in regular session at 7:08 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brown Councilmembers Boyd, Campbell, Doane, Yost Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mrs. Stoddard, Director of Administrative Services Chief Sellers, Police Department Captain Maiten, Police Department Mrs. Yeo, City Clerk I 7-27-98 I APPROVAL OF AGENDA Councilmember Campbell requested Items "N, R, and S" be removed from the Consent Calendar for separate consideration, and Councilman Boyd requested Items "K and M" removed. Boyd moved, second by Campbell, to approve the order of the agenda as revised. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried PRESENTATIONS MAYOR's BUSINESS BEAUTIFUL AWARD Mayor Brown cited the difficulties of selecting a recipient of the semi-annual Business Beautiful Award inasmuch as so many businesses in the community do such a good job. He noted the beauty of the Stats store, most particularly the inside, and welcomed their business to the City of Seal Beach. He introduced Ms. Rose Schwinn and presented the Mayor's Award in recognition of Stats promoting and enhancing the image of this City. Ms. Schwinn accepted the Award with appreciation, noted the warm welcome of their business from the people in the area, and expressed their pleasure to be in Seal Beach and the Rossmoor Center. I CABLE FOUNDATION Mr. Marty Mahrer introduced Ms. Kathy Risk, a consultant, her company named Communications Support Group which he said assists city governments in the area of community television organization and video productions, that includes production management, engineering, maintenance, and equipment, graphic arts, budgets, channel programming, etc. He stated Ms. Risk is an independent consultant working in Los Angeles, and assists such cities as Mission Viejo, Beverly Hills, Santa Ana, Newport Beach, and Cerritos, to name a few, and has received a number of awards as a videographer and film maker. Ms. Risk said she was the original community access programmer in Seal Beach some fourteen years ago, her company helps the rethinking of community television, franchising has changed, the large monetary contributions of the past are no longer, the result being considerable budget reductions by cable companies, also, across the nation the equipment and technology has changed dramatically, what was state of the art no longer is. She offered that her informational packet contains an overview of what is looked at when the television environment is analyzed, some of which may help Seal Beach, the guidelines apply from the high to the low end of television, all of the elements must be present. Ms. Risk said included also are guidelines used in the case study of Mission Viejo, those having many similarities to what is being dealt with in Seal Beach, and mentioned certain aspects of the Mission Viejo negotiations such as a $50,000 grant for equipment, approximately $57,000 annually in franchise revenue, that being a small annual operating budget, which in turn required an analysis of the existing program. She described the situation as not having housing for community television, the schools were approached resulting in a shared studio with the high school, they too had out of date I 7-27-98 equipment, thereafter analysis was made of how much management could be afforded to take care of equipment check- out, organization and playout of video tapes, completion of television shows, etc., in that case a part-time person was retained by contract, the duties of the person running the operation was analyzed which in part included the community I bulletin board, assisting City productions and editing, the duties of the coordinator were made specific yet not more than one person could do, to do no more shows than could be accommodated, and everything is by appointment. When it came to budgeting, besides management and administration of organizing the channels, programming itself was looked at, there was not enough money to offer grants to producers, rather, sponsors are now sought for productions, consideration was given the types of shows that could be produced that would be informative for the community and would be viewed, a City talk show hosted by the Mayor was one featuring topics chosen by the Mayor, most often shot in the field, an animal shelter show, and independent magazine show was funded also which is directed to City and community activities, public input as to topics is encouraged, in the past year or so fifty-seven shows have been done by local producers, local programs can be produced at a reasonably low cost. The Mission Viejo channel was structured in a PBS style, outreached for free satellite programming and purchased programs as well, some through the educational system, those are wrapped around the broadcast of City I productions, the programs are interesting, diverse and creative. The community bulletin board was upgraded and actually used to generate revenue, and she made reference to the upgraded Comcast system in Santa Ana which actually is a benefit to the other Comcast cities, improved graphics, etc. Ms. Risk suggested involving a community group in the creation of the bulletin board and revenue can be generated by allowing businesses, etc. to show their identification. Mayor Brown pointed out that the community bulletin board in Seal Beach is now quite good. She noted again the change in community television, sponsors can be obtained for programs, advertising can be used to generate revenue, fund raising is difficult for community television, no political ads are allowed, however non-profit announcements are at no charge. As to equipment and engineering, said engineering support is essential, all television equipment is changing to digital, however is less expensive than in the past, an inventory of equipment should be made, identify if it is usable, is it worth fixing, is it can be integrated, then develop a plan as to what is going to be purchased over time, also, maintenance of the facility and equipment is essential to its life. I Mayor Brown commended the presentation of Ms. Risk, said he would hope it has been presented to the Cable Foundation as well, as they are an independent Foundation and will be making the decisions, with support of the Council, the intent is to make the local Channel 3 the best. Councilmember Campbell noted that since local programming is now on its own, attention needs to be specific as to the handling of the limited amount of money available, prudent monetary decisions. Noting that funding for cablecasting the Council meetings is from the community television budget, Ms. Risk 7-27-98 cited that as unusual, in most cities it is paid from the city budget. Mr. Mahrer said his intent was that this presentation be made to the Foundation as well, in even more detail. I ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Ms. Teri Quinlan, local program producer, stated that much of what Ms. Risk described is already being done in Seal Beach. She expressed her views as to the current public access situation, that the Foundation chair does not conduct proper meetings, there is dissention between the Board, the producers, and the coordinator, there is confusion, frustration, and an inability to get business done, she alleged violations of the Brown Act, and the selection of officers was done with no prior notice. The Mayor suggested that Ms. Quinlan put her comments in writing and submit them to Councilman Doane. Ms. Quinlan continued, stated there is need for parliamentary procedure to be followed, voiced objection to the demeanor of the Foundation Chair, and called for reorganization. The Mayor advised that the Council is somewhat aware of the issues mentioned, will help as it can, however pointed out that the Foundation is a separate agency from the City, run by its Board. Mr. Mario Voce, Seal Beach and member of the EQCB, mentioned that the Environmental Quality Control Board is losing two of its members, Mr. Jeff Christ and Dr. David Rosenman, and expressed appreciation for their past services. Mr. Voce made reference to the topping of trees, most recent and specific reference was the windrow of eucalyptus trees on Seal Beach Boulevard just north of Lampson that he claimed have been fiercely trimmed. He expressed strong objection to such trimming, said each type of tree needs to be handled according to its species, trees should not be topped, and urged that only professional arborists be used. He displayed a flier from the tree committee urging citizens to not top trees which removes years and decades of growth. The Mayor noted that Mr. Christ is relocating to Arizona, mentioned that seeking his replacement on the EQCB, however attempts to reach Mr. Steve Jones of College Park West have yet been unsuccessful. There being no further comments, Mayor Brown declared Oral Communications closed. I COUNCIL ITEMS APPOINTMENTS - BOARDS I COMMISSIONS I Environmental Quality Control Board Councilman Boyd expressed appreciation for the past services of Dr. Rosenman as member of the Environmental Quality Control Board, and appointed Mr. Joseph Porter, III, as the District One representative to fill the unexpired term expiring July, 2001. Mayor Brown requested that the District Two appointment to the Environmental Quality Control Board be held over until next meeting. 7-27-98 Archaeoloqical Advisorv Committee Mayor Brown requested that the District Two appointment to the Archaeological Advisory Committee be held over. Planninq Commission Mayor Brown confirmed his reappointment of Mr. John Larson as the District Two representative to the Planning Commission for the unexpired term ending July, 2001. I Seal Beach Cable Communications Foundation Mayor Brown appointed Ms. Betty Martin as the District Two appointee to the Seal Beach Cable Communications Foundation for the two year term expiring July, 2000. Brown moved, second by Boyd, to approve the appointments as stated. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried HEIGHT LIMITS - COMMERCIAL ZONES Councilmember Campbell made reference to her memorandum to the Council that sets forth the various districts and height limits, she said the residential areas show the number of stories, the commercial areas do not set forth a number of stories, to which she requested a review of existing height limits, including the number of stories, at the same time a I review of Main Street is taking place. Councilman Yost inquired if the intent is to include the height of uses along Main Street, including residential use, to which the response was in the affirmative. To a question of residential use as addressed in the Specific Plan, the Director of Development Services explained that the Specific plan recognized existing residential structures and allowed them to remain however does not allow for new residential units on Main Street, and recalled that during the prior discussion of three stories on Main Street there had been an individual that expressed desire that consideration be given to new residential units above existing retail or commercial uses, at that point council direction was more towards the three story issue than residential use. The Mayor said there does not seem to be fault with building heights at this point, it appears the request is to look more specifically at the number of stories within the height limits, and to inquiry if that is a typical in other cities, the Director responded it varies from city to city. Councilmember Campbell moved to request Planning Commission review of all heights limits in the City especially as they I relate to stories, the number thereof, this to be done in conjunction with the Main Street height, story, and residential use review. Councilman Boyd amended the motion for clarification that the Planning commission be directed to review the maximum height in all districts and zones as well as the maximum number of stories, and seconded the motion as clarified. The Director requested clarification as to whether this request relates to just commercial zones or to residential as well, noting that there are existing height 7-27-98 and story limitations for the residential zones. Councilman Yost emphasized all commercial zones, C-l, C-2, limited commercial, etc. and Main Street. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried I NOISE STANDARDS - COMMERCIAL ZONES Councilmember Campbell made reference to Appendix G of the EIR for the Bixby project, Noise Assessment, which states that Seal Beach does not have noise standards for commercial uses, reference also to Chapter 130 of the City Code which sets forth the designation for the different noise zones, also exterior noise standards for commercial zones of sixty- five decibels at any time, however, there are no standards for interior noise in commercial areas, to which she recommended adoption of a fifty decibel standard, and for noise sensitive uses such as hospitals, churches, etc. an interior noise standard of forty-five decibels. She noted that at a recent Airport Land Use Commission sponsored work session it was stated that noise standards are arbitrary and are set at the discretion of a City Council. Councilmember Campbell requested that this issue be referred to the Planning Commission for consideration. In response to Council, the City Attorney confirmed that this matter is not a zone text amendment, is not required to be referred to the Planning Commission, yet that is at the discretion of the Council, or the Council could direct that an ordinance be prepared for consideration at the next meeting. Councilman Doane noted that his recent appointment to the Planning Commission has made a noise study similar to this issue. Campbell moved, second by Boyd, to refer the issue of interior noise standards for commercial zones to the Planning Commission for review and recommendation. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried BOARD and COMMISSION AGENDA PACKETS Councilman Boyd noted receipt last week of the Planning Commission agenda packet via mail delivery, suggested that practice cease, that board and commission packets be placed in the Council mailboxes, resulting in a postage saving throughout the year. Boyd moved, second by Campbell, that board and commission packets be distributed through the Council mail boxes. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried ORANGE COUNTY REGIONAL AIRPORT AUTHORITY Councilman Boyd pointed out that Seal Beach is a member of the Orange County Regional Airport Authority however there is currently no designated representative to that agency, noting that Councilmember Campbell attended prior to her appointment to the Airport Land Use Commission. He mentioned that the City pays a membership, however that membership does not constitute whether the Council supports or opposes an El Toro 7-27-98 Airport, yet as a member agency someone should attend their meetings. Councilmember Yost said his understanding is that the Authority takes a rather specific position, therefore if someone is designated as a representative it gives the impression that the City has taken a position, therefore his recommendation would be to not make an appointment at this time. Councilman Boyd countered that if the City is going to be a member that in itself indicates that the City has taken a position, his opinion would be to either represent the City or not belong, to that statement there was some concurrence indicated. Councilman Doane noted that with his past attendance at meetings of various agencies he did not feel a consensus of the Council was absolutely necessary. Mayor Brown suggested that this item be continued until the next meeting for consideration, to which the Council agreed. I CONSENT CALENDAR - ITEMS "0" thru "s" Doane moved, second by Yost, to approve the recommended action for items on the Consent Calendar as presented, except Items "K, M, N, R, and S", removed for separate consideration. 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 after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. I E. Received and filed the staff report relating to receipt of the Final Work Plan - Supplemental Characterization of Site 7 - Weapons Support Facility, and instructed staff to forward same to the Environmental Quality Control Board for information purposes. F. Received and filed the staff report relating the Seal Beach weapons Station Installation to Restoration program - Status Report regarding All Installation Restoration Sites, and instructed staff to forward same to the Planning Commission, Environmental Quality Control Board, and Archaeological Advisory Committee for information purposes. G. Received and filed the staff report with regard to the receipt of Final Action Memoranduml Removal Action Work Plan - Non-Time Critical Removal Action for Installation Restoration Program Site 19 - Building 241 Disposal Pit, Weapons Support Facility, Seal Beach, and instructed staff to forward same to the Environmental Quality Control Board and the Archaeological Advisory Committee for information purposes. I H. I 7-27-98 Received and filed the staff report with regard to the receipt of Final Revision 1- Engineering Evaluation/Cost Analysis for Operable Unit 1, Site 1, - Wastewater Settling Pond, weapons Support Facility, Seal Beach, and instructed staff to forward same to the Environmental Quality Control Board and the Archaeological Advisory Committee for information purposes. I. Received and filed the staff report relating to the South Coast Air Quality Management District Board Report regarding Amended Rule 1401, New Source Review of Toxic Air Contaminants, and instructed staff to forward same to the Environmental Quality Control Board for information purposes. J. Approved the five year extension, through June 30, 2003, of the Agreement for Prosecution Services by and between the City and the County of Orange, and authorized the Mayor to execute same on behalf of the City. L. I O. P. AYES: NOES: Approved regular demands numbered 20194 through 20359 in the amount of $249,184.19, payroll demands numbered 100 through 295 in the amount of $185,519.55, and authorized warrants to be drawn on the Treasury for same. Rejected the sole bid for the Citywide Concrete Access Ramp Project (CDBG KC97016), Project Number 675, and authorized staff to reprogram the funding, $20,000 to finance ADA accessible doors at City Hall. Approved the Agreement to provide Mandated Cost Saving Services between the City and David M. Griffith & Associates, Ltd., and authorized the City Manager to execute same on behalf of the City. Q. Received and filed the Monthly Investment Report for June, 1998. Boyd, Brown, Campbell, Doane, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "K" - JAIL FACILITY - CONTRACT RENEWAL - CORRECTIONAL SERVICES At the request of the Mayor and in reference to a fatality incident some time back, Captain Maiten explained that under the existing contract the City is fully insured by the policy carried by CSI, they assumed the cost of the legal fees, and that coverage will continued under the renewed contract. As to the persons housed at the facility, the Captain stated they are primarily federal low risk offenders serving the 7-27-98 last thirty to ninety days of their term, there is an approval/denial ability on the part of the City and should there be an indicated problem an individual is returned to federal control. The jail facility use program costs the City nothing, rather, the revenue to the City is about $120,000, in addition, there is a benefit from the officers spending more time in the field in lieu of the transport of individuals to the Orange County facility. As to detention of felony arrests, the Captain explained that a distinction is made between those arrested locally and those from outside, if there is thought to be a physical danger they are transported to the Orange County jail immediately, if not they are transported to court the following morning, noting that there are various degrees of felonies and levels of risk, some that have been taken are ex-felons that have been reclassified, that determined somewhat by their actions in custody, by the end of a term they may be considered low risk, some that are not taken are child molesters, rapists, murderers, etc. Councilman Boyd commended the efforts of the Captain and the Chief, said the jail program is a benefit to the City and the Police Department. Boyd moved, second by Campbell, to approve the renewal of the contract with Correctional Services, Inc. as amended, for a term of three years after the completion of the original contract on April 10, 1999, to manage and staff the Seal Beach jail facility. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried I ITEM "M" - PLANS / SPECIFICATIONS - MAIN STREET IMPROVEMENT PROJECT Councilman Boyd noted the request is to approve the plans and specifications for the Main Street Improvement Project, and inquired if this action essentially approves the plan. The response of the Director of Public Works was in the affirmative, this would then authorize staff to put the project out to bid, with the City Manager adding that this is the next step, and depending on the pilot project bids staff will likely propose some deletions, the Council can then prioritize and move forward with whatever is desired. Councilman Boyd noted that there are no plans accompanying the staff report for review. The Manager explained that the architect worked with a group of citizens, polled the community, the Council, and staff to put together a conceptual plan, long term and short term pilot projects, the Council had approved the concept and authorized staff to commence preparations of specifications, to which he offered that the plans could be changed prior to an award of bid, if approved the plan is to keep to schedule and possibly finish before the holidays. Councilman Boyd stated his intent is to have input into the proposed improvements, consistent with the desires of this Council, and Councilman Yost too said he had some concerns and comments, costs being one issue. The Manager offered that this item could be postponed or it could be approved and the Council could then review the plans and adjustments can be made to the specifications. Boyd moved, second by Campbell, to approve the plans and specifications for the Main Street Improvement Plan, Project Number 801, I 7-27-98 Street and Parking Lots, and Project Number 802, City Hall and Pier Restroom Renovation and Off-Main Parking Lot Vendor Facade, and authorized staff to initiate the public contract bidding process. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried I ITEM "N" - STATUS - PUBLIC WORKS YARD - FUEL TANKS REPLACEMENT - PROJECT 692 Councilmember Campbell mentioned that she had posed several questions to the Director of Public Works relating to this item, and requested that he provide clarification for the benefit of the Council. The Director said that the deadline to remove the tanks is quickly approaching, that however does not require a replacement with new tanks, meeting the deadline allows the City to be eligible for State Cleanup funding, if the deadline is not met the penalty is $5,000 per day. He noted that question was raised if the tanks should be replaced, to that he said other options could be explored, one would be to work with the Navy, unfortunately they have not done anything like this before, they are looking into whether the City could obtain fuel from them, of primary concern to the Police Department is emergency fuel services, fuel cards could be obtained to access any fueling station, that at least on an interim basis, again the concern is with an emergency. The Director said the answers to those questions are not yet complete, however of importance is to proceed with the tank removal. Councilman Boyd noted some discrepancy between the cost shown in the staff report and the budgeted amount, his issue as to not replacing the tanks would be a savings of about $200,000 and go to a private vendor fuel card system as long as there are provisions for emergency situations, and said his calculations show an expenditure last year of about $75,000 for fuel and diesel, the aggregate cost about $1.13 per gallon, which is not that much of a lesser cost than the private supplier, which is hoped will strengthen the argument against replacing the tanks. I Doane moved, second by Boyd, to authorize staff to continue the existing contract with Kleinfelder for removal of the fuel tanks, defer the decision to construct a new fuel facility, direct staff to negotiate a fueling service contract on an interim basis, and to provide a complete analysis of costs for further Council consideration upon stabilization of the UST construction market after the December 28, 1998 tank removal deadline. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried ITEM "R" - ORANGE COUNTY PUBLIC LIBRARY SYSTEM When referring to the local library councilmember Campbell said she would presume the reference is to the Mary Wilson Library, however the Rossmoor/Los Alamitos library is in Seal Beach and asked if there is budget information on that facility in that it is used by at least a fifth of the 7-27-98 community. Mayor Brown noted that that branch is considered a regional facility for County Library System accounting purposes, that he personally had serious discussions with the County Librarian, John Adams, as their intent had been to cut back the three libraries serving Seal Beach, the facility at Leisure World was purchased, and there was strong urging to maintain Rossmoor/Los Alamitos as a regional facility where Los Alamitos had to assume a portion of the cost, therefore the cutback was proportionate as is the funding, and noted that the Rossmoor/Los Alamitos facility actually fared better than Mary Wilson given the number of persons that use it. Councilman Boyd suggested that the County be approached again to seek more funding to bring the Mary Wilson facility back to full operation. The Mayor pointed out that there are some cities that are contributors to the system, Seal Beach is a donor city, the agreement that was struck is considered to be good. Councilman Boyd did note that funding is about $10,000 more than last year, yet the library is closed some days and the hours are short, thus his feeling that more funding should be sought in that the financial condition of the County is much improved. To an inquiry of the Mayor, Councilman Boyd offered to discuss this matter with Mr. Adams. Boyd moved, second by Campbell, to support the County Librarian's proposal to maintain current staffing levels and service hours at the Seal Beach library. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried I ITEM "s" - COUNCIL MINUTES Brown moved, second by Campbell, to approve the minutes of the regular meeting of April 27, 1998. AYES: NOES: ABSTAIN: Brown, Campbell None Boyd, Doane, Yost Motion carried Campbell moved, second by Boyd, to approve the minutes of the regular adjourned meeting of May 19th, 1998. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried Councilmember Campbell questioned the maker of a statement shown on the last page of the May 22nd minutes under the caption of the Orange County Fire Authority. Boyd moved, second by Yost, to approve the minutes of the regular adjourned meeting of May 22nd, 1998. Councilman Doane noted that he had been absent. AYES: NOES: ABSTAIN: Boyd, Brown, Campbell, Yost None Doane I Motion carried It was the consensus of the Council to extend the reconvening of the Closed Session until 9:00 p.m. 7-27-98 I PUBLIC HEARING - RESOLUTION NUMBER 465QA- COMPREHENSIVE FEE SCHEDULE Mayor Brown declared the public hearing open to consider the Comprehensive Fee Schedule. The City Clerk certified that notice of the public he~ring had been advertised as required by law, and reported no communications received relating to this item. The City Manager noted that the Schedule reflects few changes, some only because they are adjusted annually by means of an established formula such as the Transportation Facilities and Programs Development Fees raised by a quarter of a percent, Beach Parking Services merely sets forth the rate structure established about a year ago, fees for Community Center Facilities are increased to recover the cost of having a staff person present when the facilities are being used, the same for the athletic facilities, and swimming pool fees adjusted that will in turn benefit that facility. Councilman Yost requested clarification of the rationale for the past action that increased the cost of a beach parking pass from $45 to $60 annually, to which the Manager explained that that fee had not been raised for a number of years, the increase was in keeping with the fees charged at Bolsa Chica State Beach which is $75 annually. Councilman Boyd proposed that at some point the Director of Administrative Services prepare a brief report with suggestions as to what fees should be tied to an indicator such as the Consumer Price Index, an example is business licenses, however this year the increase is proposed at $30 because the formula for automatic adjustment had not been applied in recent years, this would also provide the Council with information necessary to authorize adjustment of the fees proposed. The Manager pointed out that some fees are required to be tied to specific studies that must show cost recovery justification. There being no comments from the audience, Mayor Brown declared the public hearing closed. I Campbell moved, second by Boyd, to adopt Resolution Number 4650 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING THE RATES AND AMOUNTS OF FEES AND CHARGES FOR GOODS, SERVICES AND FACILITIES PROVIDED BY THE CITY OF SEAL BEACH AND SUPERSEDING INCONSISTENT PROVISIONS OF RESOLUTIONS 4114, 4195, 4234, 4250, 4442, 4494, 4499, 4519, 4545, 4550." By unanimous consent, full reading of Resolution Number 4650 was waived. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried I CITY MANAGER REPORTS The City Manager said with the approval of the City Council he would be attending a meeting in San Francisco the following day with the Executive Director of the Coastal Commission relating to an investigation by Coastal staff as to wetland restoration possibilities. He announced also that a report has been received from the Long Beach Port Authority with regard to an analysis they have done with Moffat and Nichol Engineers as to the feasibility of doing a major wetlands restoration project on the Hellman property, the determination was that the two alternatives suggested by 7-27-98 Moffat and Nichol were both unacceptable and unfeasible because of the cost per credit which, in one case, was $852,000, that in comparison to the Bolsa Chica restoration project that was about $145,000 per credit. He asked that the meeting scheduled with the Mayor and Councilman Boyd relating to July 4th funding possibilities be continued to I another date. Council indicated no objection to attending the San Francisco meeting. The Manager announced certain organizational changes that have taken effect, the privatization of payroll services, that a cost savings, the transfer of the accounts receivable clerk to Parks and Recreation to fill the vacancy created by a retirement, also, the Public Works Parks Department Supervisor and crew is now working under the Director of Recreation, the concept being to team together the users and maintenance of the facilities, that should result in improved communication, cooperation, and efficiency, streamlining over time that will occur through attrition with a monetary saving that can then be put back into equipment, etc. for the Recreation/Community Services Department. ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Mr. Ralph Reese, 15th Street, commended the relationship of the members of the Council, recognized the preparation of the Council to consider the issues before it, and conveyed appreciation to his Council representative. Mr. Reese requested that a I greater consideration be given pedestrians, claiming that cars continually park across the sidewalks, blocking them for pedestrians, to which he charged that the Vehicle Code is being ignored. Councilman Boyd acknowledged the complaint, adding that there are also some sidewalk areas that are blocked by extensive foliage which is a Code enforcement issue, and hopefully between the Council and staff these problems can be resolved. Mr. Reg Clewley, Catalina Avenue, complained that last week the cable company did not provide a replay of the Planning Commission meeting, which he said the Cable Foundation has a responsibility to have the meetings replayed. With reference to the Fee Resolution, Mr. Clewley said he felt something was missing, an increase of planning fees where variances are requested, maybe a $50,000 fee, in a case where a variance does not prevail the fee should then be split between those that show why it should not. He expressed objection to the report of the secretary to the Planning Commission that no communications had been received relating to an item before that body, to which Mr. Clewley claimed that there had been two but were not submitted to the Commission. Mr. Peter Anninos, Cable Foundation, I acknowledged that it has been learned that there was a problem with the Commission meeting tape, there was audio yet no picture, reported there is a backup copy that will need to be made for airing or public availability, at this point the particular tape deck is being repaired, the problem was the result of an equipment malfunction. Mr. John Bowles, Senior Editor of the Sun Newspaper, apologized to the Council and reading public for not being at the last meeting, he was out of town as a result of the newspaper having been sold that day, however reported he was able to view the Council session 7-27-98 I by means of the cablecast. As to publication of the Council agendas, he indicated that would be no problem, the Sun deadline is Tuesday at 5:00 p.m. He conveyed appreciation to the Cable Foundation for the airing of the Planning Commission meeting last week which he was able to watch, noted the impact of the sale of the paper is yet to be known, and apologized for the misspelling of the word 'previously' in a legal notice. Mayor Brown announced that the Chamber of Commerce and the Business Association selected John Bowles as the Business Employee of the Year, to which he added congratulations on behalf of the Council. There being no further comments, Mayor Brown declared Oral Communications closed. I COUNCIL CONCERNS Councilman Yost also made reference to the letter from the Port Authority which stated that neither of the two options studied by Moffat and Nichol were acceptable as the costs per credit far exceed the guidelines for a feasible project, that a positive for the Hellman project as some of the concerns expressed by Coastal Commissioners and by opponents of the project was that the Port was ready and willing to come forward with considerable money to do a large wetland restoration, which is now confirmed that is not the case. With regard to concerns relating to the bike path disrepair, he noted there is a message on the internet regarding same, that the City has budgeted some money for repairs however it is not enough to do all, the internet message asks the bicycle community to find a means to contribute to this project as Seal Beach is a self-help community that donates personal money, time and effort to many community efforts. From his experience this past weekend surfing and wind surfing, Councilman Yost noted that the water temperature of the San Gabriel River seems to be much higher than he could remember, both at the River and at the pier at about 5:30 a.m., which is of concern, it is understood that the Edison plant has been sold, it is not known if the facility is being used to a greater exten~, there appears to be more hot water being generated, and requested that the City Manager review their permits, what the water temperature limits are, etc. and report back. Councilman Boyd agreed and that he too noticed the increased temperature of the water, suggested that he, Councilmember Yost and the City Manager need to identify a contact with regard to seeking a resolution of the water quality and the refuse and debris that washes up on this beach. He mentioned having provided the members of the Council with a memorandum regarding a one hundred day activity plan, the intent is to receive a weekly or bi-weekly summary from the City Manager and department heads so that the Council is aware of what is or will be taking place, and noted that an article appeared in the Long Beach newspaper this date relating to this subject. Councilman Boyd suggested this can be an aid to Council in making policy decisions, and requested Council consensus to do so. Councilman Yost expressed some caution that this is not a greater degree of bureaucracy, there needs to be assurance that the time of the full time employees is being used as efficiently as possible. Mayor Brown suggested that a study I 7-27-98 / 8-6-98 session be called sometime in the near future to discuss this request and other related issues. Councilman Yost concurred. Councilman Boyd pointed out that of seven Orange County cities he has spoken with all of their City Managers provide the Council with such report on a weekly basis with a one or two page summary of activities. Councilmember Campbell deemed the comments made earlier by Ms. Quinlan to be unfortunate, said she supports Cable Foundation member Mahrer, the Foundation is in a transition period and it will be welcomed to put all problems on the table for discussion and resolution. I CLOSED SESSION The City Attorney announced that the Council would adjourn to Closed Session to discuss the items identified on the 6:30 p.m. and the 7:00 p.m. agendas, which is now being reconvened. The Council adjourned to Closed Session at 9:02 p.m. and reconvened at 10:10 p.m. with Mayor Brown. calling the meeting to order. The City Attorney reported the Council had discussed the two items identified on the agenda, with regard to the second item of anticipated litigation, pursuant to Government Code Sections 54956.9(b) and (a), the Council gave direction to the City Manager, and with respect to the personnel matter, pursuant to Government Code Section 54957, the Council gave direction to the City Attorney. ADJOURNMENT By unanimous consent, the Council adjourned until August 10th at 6:30 p.m. to meet in Closed Session if deemed necessary. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 10:11 p.m. I Approved: Attest: Seal Beach, California August 6, 1998 I The City Council of the City of Seal Beach met in special session at 4:10 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. Mayor Brown read the Notice of Special Meeting as follows: