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HomeMy WebLinkAboutCC Min 1996-01-08 ~2-11-95 / 12-27-95 / 1-8-96 on speed has just been raised. He suggested that the police take action against other violations of the City and state Codes with regard to safety regulations to which he gave examples of violations by skateboarders and bicyclists, nonchalant joggers with small children in front push-buggies, black jogging outfits, etc., and in his opinion within three months of actively bringing to attention or citing those types of I violations, accidents and deaths on City streets would be reduced more than with the speed limit issue. There being no further comments, Mayor Hastings, declared Oral Communications closed. ADJOURNMENT The city Attorney recommended that the December 25th/26th meeting be adjourned until Monday, January 8th, 1996 at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeti was adjourned at 8:12 p.m. Approved: Clerk and ex-off1c of Seal Beach of the Attest: I' Seal Beach, California December 27, 1995 NOTICE IS HEREBY GIVEN that the regular City Council meeting that was to be held on December 27th, 1995 due to the holiday season schedule was cancelled pursuant to direction of the City Council on December 11th, 1995 and adjourned until January 8th, 199 at 6:30 p.m. to meet in Closed Session if deemed necessary. Seal Beach, California January 8, 1996 I " .~ '. The city Council of the city of Seal Beach met in regular adjourned session at 6:31 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. . .." '.' .. - ........... I I I 1~ I ,';' ;.":" fr. ,. . a-8-96 ROLL ClH.T. Present: Mayor Hastings Councilmembers Brown, Doane, Forsythe, Laszlo Absent: None Also present: Mrs. Yeo, City Clerk APPROVAL OF AGENDA Forsythe moved, second by Brown, to approve the order of the agenda as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION By unanimous consent, the Council adjourned to Closed Session at 6:34 p.m. to discuss the items listed on the agenda, a conference with the City'S labor negotiator, the City Manager, relating to the Police Officers' Association pursuant to Government Code Section 54957.6, and an item of anticipated litigation pursuant to Government Code Section 54956.9(b). The Council reconvened at 7:09 p.m. with Mayor Hastings calling the meeting to order. The City Attorney reported that the Council had discussed the items listed on the agenda, gave direction to the City'S negotiator, and no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:10 Attest: Clerk and ex-off of Seal Beach Approved: Seal Beach, California January 8, 1996 The city Council of the City of Seal Beach met in regular session at 7:12 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Doane, Forsythe, Laszlo 1-8-96 Absent: None Also present: Mr. Till, city Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Chief stearns, Police Department Mr. Badum, City Engineer/Director of Public Works Mr. Dorsey, Assistant to the City Manager Mrs. Yeo, City Clerk I APPROVAL OF AGENDA Councilman Brown requested that Item "N" be removed from the Consent Calendar, and the City Attorney requested Item "I" removed. Brown moved, second by Hastings, to approve the order of the agenda as revised. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS Mayor Hastings declared Oral communications open. Mr. Bruce Stark, Seal Beach, said he wished to bring to attention a problem on Ocean Avenue that has existed for ten years or more, specifically 209 Ocean where there is an illegal unit and no parking which creates problems for other residents of the area. He claimed this property was part of an estate and at the time of probate a letter was sent by the city to the administrator of that estate citing numerous Code violations which needed to be corrected, the buyers were required to declare to the court I their awareness that the property was being sold as it existed, and thus far the Code violations have not been corrected. Mr. Stark said the Planning staff has not followed through on this matter and asked that it now be referred to the city Attorney. There being no further comments, Mayor Hastings declared Oral Communications closed. COUNCIL ITEMS APPOINTMENT - CIVIL SERVICE BOARD The appointment to fill the District One vacancy on the Civil Service Board was held over. APPOINTMENT - ORANGE COUNTY OPERATIONAL AREA REPRESENTATIVE(s) To the request of Supervisor Steiner for designation of an elected official as representative and alternate to the Operational Area Council and staff representatives to the Orange County Emergency Organization, Councilman Brown expressed an interest in serving as a representative, and Councilman Laszlo indicated a possible interest. The Mayor suggested that Councilmembers Brown and Laszlo determine between themselves who will serve as representative and alternate. The Council designated the City Manager as the representative to the Emergency Organization and the police Chief as the alternate. CONSENT CALENDAR - ITEMS "c" thru "N" Brown moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented, except Items "I" and "N", removed for separate consideration. I C. 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. D. Approved regular demands numbered 11101 through 11266 in the amount of $502,766.06 and payroll demands numbered 14671 through 15031 in the amount of $529,982.79, and authorized warrants to be drawn on the Treasury for same. I E. Received and filed the staff report relating to the Seal Beach Naval Weapons Station Installation Restoration Program, Final Remedial Investigation Report for Operable Units 1, 2, and 3, and instructed that said report be forwarded to the Planning Commission, the Environmental Quality Control Board, and the Archaeological Advisory Committee for review and submittal of comments to the city Council if deemed appropriate. F. Adopted Resolution Number 4433 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #640, RECONSTRUCTION/OVERLAY OF OLD TOWN STREETS, CONTRACT ENTERED INTO BETWEEN ALL AMERICAN ASPHALT AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4433 was waived. I G. Adopted Resolution Number 4434 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARED WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT 645, RESURFACING OF COLLEGE PARK EAST/WEST, CONTRACT ENTERED INTO BETWEEN EXCEL PAVING AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4434 was waived. H. Adopted Resolution Number 4435 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #666, COVE AREA STORM DRAIN REPAIR, CONTRACT ENTERED INTO BETWEEN CLAYTON ENGINEERING, INC. AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4435 was waived. J. Approved the minutes of the city Council regular meeting of December 11, 1995. I Approved the Agreement For Animal Shelter Operation In Exchange For Leasehold Of Real Property by and between the City of Seal Beach and the Friends of the Seal Beach Animal Care Center, Inc. for an unspecified term. L. Introduced and held first reading of Ordinance Number 1402 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING BY REFERENCE THE UNIFORM BUILDING, PLUMBING, MECHANICAL, FIRE, HOUSING, ADMINISTRATIVE, SIGN, K. 1-8-96 1-8-96 SOLAR ENERGY, BUILDING SECURITY, ABATEMENT OF DANGEROUS BUILDINGS, SWIMMING POOL, SPA AND HOT TUB CODES, 1994 EDITIONS, APPENDIX CHAPTER 1 OF THE 1994 UNIFORM CODE FOR BUILDING CONSERVATION, AND THE NATIONAL ELECTRICAL CODE, 1993 EDITION, MAKING AMENDMENTS THERETO, AND AMENDING PORTIONS OF CHAPTER 5 OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1402 was waived. I M. Received and filed supplemental staff report #2 relating to the Bolsa Chica Wetland Restoration Agreements and Bolsa Chica Land Use Plan Amendment 1-95 and Implementing Actions Program, and authorized the Mayor to sign the response letter, instructed staff to forward the report to the City of Huntington Beach, the Planning commission, the Environmental Quality Control Board, and the Archaeological Advisory Committee for information purposes, and authorized the Mayor and/or Director of Development Services to attend and present a city statement before the Coastal Commission regarding same. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I" - RESOLUTION NUMBER 4436 - DESTRUCTION - POLICE RECORDS The City Attorney advised of the preparation of a memorandum and revised list of police records proposed for destruction as an attachment to Resolution Number 4436, that Resolution in compliance with Resolution Number 3378 which establishes the policy for destruction of police records, and noted that animal licenses from January 1 through December 31, 1993, misdemeanor arrest reports from January 1, 1978 through January 1, 1990, and felony arrest reports from January 1, 1977 through December 31, 1985 had been deleted from the destruction list. Brown moved, second by Laszlo, to adopt Resolution Number 4436 as amended. I AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "N" - RATE INCREASE - COMCAST CABLE To a request of Councilman Brown, the City Manager explained that this item relates to a thirty cent per month rate increase request for the basic service tier, in addition, a request of staff to commence discussions relating to the cable franchise renewal, that contract calling for negotiations to commence now as the franchise will expire in March, 1997. He pointed out that under FCC rules the City'S ability to regulate cable rates I is restricted to the basic tier thus may not be applied to additional services, and suggested that it may be advisable to address the rate structures through the franchise negotiation process. To Councilman Brown's mention of the detail of information that Comcast must provide to the City, the City Attorney noted that considerable information has been provided to the Assistant to the City Manager over the past two years, particularly with respect to the deregulation issue. Counci~man Brown said his understanding is that should the city not approve the thirty cent rate increase and then commence an indepth review of the service, that could be costly and possibly to no I I I ~D 1-8-96 advantage. Councilman Laszlo mentioned that he has questioned some of the rate increases and has never seen a comparison of rate structures to other cities, suggested that this item be held over and that members of the community having expertise in the cable industry be contacted to sit as a committee of three to review this issue. It was noted that the rate increase is effective February 1st. Councilmember Forsythe suggested that a combination of option one of staff report 'that the staff and City Attorney review changes in the regulatory environment and evaluate features of recently adopted franchise agreements in other jurisdictions, then commence negotiations with Comcast Cablevision' and option two 'to seek technical and programming input from members of the community whose perspectives would be provided to staff prior to discussions with the cable operator' may be an appropriate action at this time, thus provide an opportunity to research what services other cities are getting through their cable providers and whether or not this City is getting what it is due through the current franchise, to which she noted that the cable equipment now used by the local consumer is archaic. It was pointed out that the dramatic changes in cable technology needs to be kept in mind. The Manager noted that an action of the Council would not be an approval of the thirty cent rate increase rather it would be an option to not intervene with a proposed rate change at this time and direct any efforts to the franchise agreement issue. Question was posed as to whether Comcast has complied with the existing franchise requirements to request the thirty cent increase. The Assistant to the City Manager reported that notification from the Comcast corporate offices was provided the City in October of their intent to impose a thirty cent per month increase on the basic service tier, which affects every cable subscriber in the City, and at that time Comcast was formally notified of the City'S right, within a ninety day period, to review the appropriateness of that increase, the month of January being within the last thirty day opportunity to affirm to Comcast that the City intends to implement a full review, or, if a review is not implemented within this last period of time the increase will automatically be imposed. The Manager said the alternative is to commence a full review of the franchise itself in that since entering the franchise agreement there have been many changes in the industry, cable has been deregulated, the CPI formula no longer applies, etc. Agreement was indicated that it appears that the effort should now be focused on the franchise renewal for 1997. Mr. stark, a member of the audience, said to compare the services of Comcast to cable services in other cities would be of no value as that is dependent on what services are provided, also through the negotiation process their needs to be some control over administration and accounting procedures, a competitive provider could also provide incentive for upgraded services. Mr. Laird Mueller, 8th street resident and member of the Cable Foundation Board, confirmed that neither the city or the Board has control over the cable rates. He described the programming and equipment that is funded through the Foundation, their mission being enhanced broadcast services to Seal Beach, and noted that the cable franchise will be a subject of discussion at their next meeting. Mr. Mueller pointed out that many of the items contained in the fifteen year franchise agreement were either negotiated away or never received, urged the Council to be involved in the upcoming negotiation process as the City needs to be proactive and solicit a number of requests for proposals from various providers and yet have Comcast involved. He emphasized the importance of this issue to the community, the schools, e~c. As to serving on a review committee, Mr. Mueller stated there are many persons with more expertise than he, consultants that negotiate on behalf of cities, possibly someone in this community with that expertise. Councilman Laszlo asked 1-8-96 if the committee is to look at a cable provider or the cable rates, to which the Mayor responded that it was her understanding that the intent was to seek input from local residents under the direction of the City Manager. Councilmember Forsythe interjected that there is need to determine what the City does not presently get, what technology is available, and if the current provider is unwilling to I provide those services then another provider needs to be sought. Councilman Brown noted that whatever negotiations the City has with Comcast will in turn affect the Leisure World contract, however it will be a different situation if another provider is retained. Councilman Laszlo mentioned that it will be difficult to obtain a different cable service in that the cables are undergrounded and costly to install. Councilman Brown said although he strongly opposes the thirty cent increase it may not be wise to expend the money for a full review, therefore the thirty cent increase should possibly be allowed and then move forward with the franchise review and negotiations. with regard to holding this item over, the Manager offered to provide the Council with the survey information for the next meeting. Brown moved, second by Forsythe, to continue this item until the next meeting. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried Councilman Laszlo thanked a Leisure World resident for the time and effort he devoted to research the cable item. CITY MANAGER REPORTS ROLLER HOCKEY RINK The city Manager reported the roller hockey rink at Zoeter Place is becoming quite popular, it is supervised for free skating during certain hours, and parking is satisfactory at this point. He stated an inquiry has been made of the Recreation Department as to when some hockey league play might be commenced, that issue was discussed briefly with the Recreation Commission and determined to postpone formation of a league at this time, continue with the supervised skating for now, and possibly give that further consideration in the Spring. councilmember Forsythe confirmed the popularity of the hockey rink however urged parents to make certain their children are attired with the proper equipment, such as a mask, helmet, pads, etc., as the activity is somewhat aggressive, and noted that if a participant does not have a helmet the supervisor will not allow that youth to play. Councilman Laszlo noted a rather low-key hockey rink in College Park East, the goals stored at a private residence in the vicinity, to which he mentioned a request to permanently secure one of the goals, the second goal unable to be secured because of the basketball net, also some type of barrier along the fence because the pucks get lodged in it. The Mayor inquired if the hockey site could also be used for skateboarding or roller blading on certain days or for certain hours in that there is no area for that activity. It was noted that skateboarding requires large, heavy ramps that are difficult to store therefore would likely not be compatible, and possibly another site needs to be sought. Councilman Laszlo reported observing a skateboard area set up on a commercial site in a central coast city, and suggested the Rockwell or SWIRL properties as potential sites. MID-YEAR BUDGET REPORT The City Manager referenced the Mid-Year Budget Summary that had been provided to Council for review at their leisure. He noted the revenue summary, the budget to actual expenditures, and revenues by fund and source, all of which are basically as had I I I I I ., , ~ ~..., .: I 1-8-96 been projected, however there is no capital improvement program, minimal funding for the 800 MHz system, no contingency funds, etc. He reported that the annual audit statements will be provided for Council acceptance at the next meeting, and that he received this date a Plan of Adjustment filed by the County with the Bankruptcy Court which is now receiving legal review. Councilman Brown noted that it is likely the bankruptcy judge will require some input from the affected agencies within a short time frame. The Manager noted also that the Police Department will be providing a status report with regard to the home alarm system fees, and with regard to the Main street Specific Plan that was slated for review in February, he reported that the consultant's computers containing the data base were stolen from his office and is in the process of being recreated as quickly as possible. ADJUDICATION PROCESS The city Attorney noted having provided the Council with a copy of a letter addressed to the City Manager with regard to State law for the adjudication of newspapers and the publication of legal notices. He explained that for a newspaper to be legally adjudicated it must petition the Superior Court and meet certain requirements contained in Government Code sections 6000 through 6066, another method deals with newspapers that have been grandfathered which he stated he did not address as there is a newspaper in the city that has acquired legal adjudication from the courts. He advised that section 6000, as well as the alternative procedure provided by Section 6008, sets forth the requirements that must be met such as publication in the City, maintenance of an office in the City, under the alternative the paper must be published for a twelve month period and a certain number of papers must be delivered within the city, however the Code is silent as to procedures once a newspaper becomes adjudicated. Councilman Laszlo asked if the word 'published' is synonymous with 'print'. The City Attorney responded in the negative, stating that Section 6000 requires an office, publication and printing in the City, section 6008 does not require printing on-site, only publication, which was an issue in a recent San Diego case, and offered to further research if a newspaper may be printed at any location. Councilman Laszlo said he believed the issue was rates, and suggested that be looked into. Ms. Sue Corbin, Seal Beach, stated her understanding that if there are two equal papers the legal publications need to be put to bid, all contracts should be put to bid, and offered that the News Enterprise has been a newspaper since 1928. The city Attorney said according to the masthead of the Sun it is an adjudicated newspaper of general circulation according to the laws of California and shows their decree identification number, the News Enterprise masthead states that they are an adjudicated newspaper for Orange County since 1952, and it is assumed that they have not approached the court for adjudication in Seal Beach although may possibly be grandfathered for Orange County. COUNCIL REPORTS Councilman Brown expressed pleasure with the city Manager having moved his residence to Seal Beach. Councilmember Forsythe directed her comments and concerns to the C-5 aircraft that flew over Seal Beach at approximately 5:00 a.m. saturday morning. She reported that the aircraft was obviously outside the regular flight path, was extremely low, and frightening to many residents, yet persons in charge at the Los Alamitos Reserve Center claim that the plane, enroute to Panama on a humanitarian mission for the building of a road, was on course, however the Colonel has offered to talk with the flight crews. She 1-8-96 mentioned having been told that this flight was initially to have taken off at 2:00 a.m. yet due to maintenance problems was postponed until 5:00 a.m., also, since the aircraft was so heavily laden it required a wider berth for take-off. Councilmember Forsythe requested that a letter be sent to the Base to inform them that that plane put the City of Seal Beach at risk and that a plane of that size should not fly in such close proximity to homes. Councilman Brown agreed that the course of that flight was inexcusable. Councilman Laszlo said he too observed aircraft from the Base flying particularly low that day. For those who reside in the vicinity of McGaugh School and have been impacted on Sundays by Calvary Chapel traffic for several years, Councilmember Forsythe announced that the School District has said the Chapel will be leaving that site however it is understood the District has located another church group to use the McGaugh facility, likely a smaller group, and efforts will be made to resolve the traffic impacts. She suggested that anyone having concerns with the upcoming use should contact the School District. She also announced the Coastal Commission hearing for the Bolsa Chica Roll project on Thursday and urged interested citizens to attend. The Mayor commended local residents who have researched and written letters to the Coastal Commission with regard to the Xoll project. She also reported receiving an inquiry as to when the substation will be staffed during evening hours, to which she asked the status of the police reserve officer program. The Police Chief advised that there is considerable interest in the senior volunteer program, a number of names have been received as well as telephone inquiries, there have been press releases, there is authorized funding for twenty senior volunteers however it is felt ten persons could staff the community safety building seven days a week, six hours per day, as well as provide other functions such as a foot patrol, bicycle licensing, etc., the reserve program was staffed with five officers, one of those is now a regular police officer, and applications of well qualified persons are presently being reviewed to fill that reserve position. The Chief explained that a reserve officer receives $100 per month for uniform maintenance. The Mayor mentioned that a Foundation has been established through the Bank of America to receive donations towards the community safety office, those monies could likely be used for this program, and possibly through the next budget cycle an increase of reserve officers can be looked at. The Chief said he would encourage citizens to be the eyes and ears of the Department as additional officers are not necessarily the answer to deterring crime. ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Robert Reince, Loyola Plaza, provided the Council with photographs of the power lines in Edison Park adjacent to College Park West, some of those lines obscured by trees that are in need of trimming. He noted that in 1985 two bicyclists observed sparks from those power lines, those sparks landed on his roof and his home was destroyed by fire. He mentioned having talked to Edison regarding the power lines and the overgrown trees however they continue to refer him back to the lessee, the City, and the situation is now intolerable. Mayor Hastings indicated a desire that the tree trimming be looked into. There being no further comments, Mayor Hastings declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Tuesday, January 9th at 7:00 p.m. The meeting was adjourned by unanimous consent at 8:44 p.m. I I I I I I :. . oJ .~~ 1-8-96 I 1-9-96 Approved: of the Clerk and ex-off of Seal Beach Attest: 1,,- J;~7/JLfk VI C1ty Clerk,! Seal Beach, California January 9, 1996 The city Council of the city of Seal Beach met in regular adjourned session at 7:00 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CJlT.T. Present: Mayor Hastings Councilmember Brown, Forsythe Absent: Councilmembers Doane, Laszlo It was the consensus of the Council to excuse the absence from this meeting of Mr. Doane and Mr. Laszlo. Also present: Mrs. Yeo, City Clerk APPROVAL OF AGENDA Brown moved, second by Hastings, to approve the order of the agenda as pres~nted. AYES: NOES: ABSENT : Brown, Forsythe, Hastings None Doane, Laszlo Motion carried ORAL COMMUNICATIONS There were no Oral Communications. CONSENT CALENDAR - ITEMS "A" thru "B" Brown moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar as presented. A. 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. B. Adopted Resolution Number 4437 entitled ."A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO AN OFFICE OF THE CITY OF SEAL BEACH THAT WAS TO BE ELECTED ON TUESDAY, MARCH 26, 1996." (City Clerk) By unanimous