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HomeMy WebLinkAboutCC Min 1996-02-12 2-12-96 Seal Beach, California February 12, 1996 The City Council of the city of Seal Beach met in regular adjourned session at 6:05 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 I Absent: None Also present: Mrs. Yeo, City Clerk APPROVAL OF AGENDA Doane moved, second by Forsythe, 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 It was the order of the Chair, with consent of the Council, to adjourn to Closed Session to discuss the items identified on the agenda, a conference with the city's labor negotiator with regard to the Police Officers Association pursuant to Government I Code Section 54957.6, existing litigation, County of Orange versus Merrill Lynch, pursuant to Government Code Section 54956.9(a), and one potential case of litigation pursuant to Government Code Section 54956.9(b). The Council adjourned to Closed Session at 6:07 p.m. and reconvened at 6:56 p.m. with Mayor Hastings calling the meeting to order. The City Attorney reported that the Council had discussed the items identified on the agenda and no action was taken. ADJOURNMENT It was the order of the Chair, with consent of the'Council, to adjourn the meeting at 6:57 Attest: Clerk and ex-off1C10 of Seal Beach Approved: I I I I ,,'r-I.... ' 2-12-96 , Seal Beach, California February 12, 1996 The City Council of the city of Seal Beach met in regular session at 7:05 p.m. with Mayor Hastings calling the meeting order with the Salute to the Flag. to ROLL C"1I.T.T. Present: Mayor Hastings Councilmembers Brown, Doane, Forsythe, Laszlo Absent: None Also present: Mr. Till, city Manager Mr. Barrow, city Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, city Engineer/Director of Public Works Chief Stearns, Police Department Lt. Van Holt, Police Department Mrs. Yeo, city Clerk APPROVAL OF AGENDA The city Manager noted that approval of Item "S", the Site Lease Agreement between the City and pacific Bell Mobile Service, will be subject to the approval of certain language by the City Attorney. Brown moved, second by Forsythe, to approve the order of the agenda as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Ms. Donna McGuire, 4824 Dogwood Avenue, noted her past affiliation with a group called PROBE, Peoples Response Of Bixby Expansion, currently the campaign manager for Mrs. Campbell. Ms. McGuire said considerable research was done as a result of concerns with information relating to the proposed Bixby development, basically evidence that if the Armed Forces Reserve Center were to close the land would be revested back to the Bixby Ranch Company rather than follow the usual process for base closure. She referred to one document that she said speaks of the revestment of excess land on the Seal Beach Naval Weapons Station, a return of land that the government no longer needed, Bixby Ranch Company one of those landholders, a second, partial document relating to only the revestment of the clear zone at the AFRC, the area that was thought to be the subject of an expired lease, once condemned by the federal government then found it was no longer needed and revested back to BiXby, some 170.70 acres. She read an excerpt from that document, said it was prepared at the same time as the lease for the parcels the government claimed were no longer needed for the purpose they were condemned, and questioned how parcels that were declared as not needed could be revested and a lease signed retroactive to 1960 covering the same parcels. Ms. McGuire said the approximate one thousand three hundred forty acres of land of the Armed Forces Reserve Center was obtained by the government under federal condemnation law in 1941, about seventy-five percent having been Bixby property. She stated for Bixby to get that land back the government must declare it as not needed, to do that the military must leave, and that could be accomplished by closing the flight line through the placement of housing at the end of the runway, a concept that was shared by two Airport 2-12-96 Land Use Commissioners. She made reference to the Bixby plan submitted last year that proposed ninety-eight housing units at the end of the AFRC runway, the EQCB and Planning Commission denied that plan citing multiple unmitigatable environmental impacts, then Bixby withdrew their plan just prior to the Council hearings, and to that Ms. McGuire cited the differing positions of the two Council candidates regarding the Bixby I plan, some people looking at the election as basically a referendum on the Bixby proposal. Ms. McGuire claimed that should the AFRC close, its use as a Disaster Support Area will relocate outside Southern California, causing a greater length of time to reach disaster emergencies, unnecessary loss of lives and property, a loss to the taxpayers of the $2.5 billion value of the AFRC land and facilities if revested to Bixby, questionable cost to the taxpayers, as well as massive development that will burden the infrastructure and change the area forever. She compared the three thousand plus unit Koll development on less than four hundred acres of Bolsa Chica to development of the one thousand three hundred plus acres of the AFRC, three and a half times greater, over which Seal Beach would have no control in that the AFRC is located in Los Alamitos. Ms. McGuire was requested to provide the copies of the referenced documents to the city Clerk for distribution. Mr. Laird Mueller, 8th Street, stated he was present as a representative of the Cable Foundation, and spoke favorably of the agenda item requesting approval to seek proposals for professional services relating to the negotiations of the cable franchise, citing this contract as most important to Seal Beach residents for years to come, particularly given the recently signed telecommunications bill. Mr. Mueller stated that given the understanding of the fiscal constraints of the City, the Foundation voted to authorize $10,000 as seed money to assist I the city in seeking professional assistance for the cable franchise negotiation process. Ms. Jane MCCloud, Balboa Drive, said she was present as a representative of the Gum Grove Nature Park Group. She noted that the Grove was planted sometime between the late 1800's and 1925, the only West Orange County urban wilderness forest, the area once saved from development and attempts are now being made to save the grove from the longhorn borer and preserve the area, to which the Gum Grove Group is dedicated. Ms. McCloud reported having met several times since July, 1995 with representatives of the California Department of Forestry and Fire Protection to discuss such issues as the borer, incorrect pruning over the years, safety hazards as a result thereof, a restoration plan, etc., noted that a funding application through California Releaf for education, plantings, etc. was not granted inasmuch as the property is privately owned however another application is being prepared, also, a representative from the Department of Forestry spent considerable time for a period of about three months diagnosing the health of the trees in the stand resulting in ninety-eight trees being marked for removal, fifty-eight of those are actually dead, the most immediate issue is how to commence the tree removals. She mentioned that a meeting was recently held with the City Manager and City staff, a management plan and report resulting from the involvement of the Department I of Forestry was provided the city, a public education program was discussed for the period when the trees are being removed and thereafter when the Grove will be somewhat barren for a period of time, and announced that a fund raising effort is being planned and that donations will be able to be made to the Gum Grove Fund through the City. Dr. David Rosenman, 8th Street, said he would hope that a greater range of services than merely television programming will be considered during the cable franchise negotiations. Ms. Terry Quinlan, advised that she had located her notations from a meeting of the public access producers in January, 1993, meetings are planned to I I , I '. ...~.. . 'tt1! l.'li 2-12-96 discuss more current issues and concerns, the notes from which will be provided the city, and encouraged the retention of a consultant to aid the cable negotiation process. Mr. Milton Stein, Corsair Way, expressed objection to the City participating in a lawsuit relating to property development outside the City limits, specifically the Bolsa Chica property, to which he inquired how much the legal action will cost and where those funds will come from, hopefully not the utility users tax. The city Attorney responded that the Council made a determination some two years ago that the Bolsa Chica development would have a significant impact on Seal Beach, the City has since joined four to five other parties in that legal action and an outside attorney is representing the parties in that action. The Director of Development Services said he believed that the local cost is approximately $7,500, the total cost of the action, shared by all parties, is estimated at $50,000, and clarified that the General Fund includes a number of revenue sources, the utility users tax being just one. Mr. Stein recalled Council concerns over the years relating to development that could have generated tariff to the City, Oakwood one example, the Bixby office complex another example with the claim that it would gridlock traffic, a claim that he has not seen materialize, and with the current issue said that Pacific Coast Highway can withstand more traffic, which only occurs twice daily, again objecting to an expenditure of money for a lawsuit. Councilman Laszlo objected to the five minute speaker limit not being adhered to. With regard to sand problems, Mr. Stein inquired why the build up of sand on the west beach is not being moved to the east beach as it once was. It was explained that a larger grain of sand is necessary for replenishment of the east beach, the sand on the west beach is too fine. Mr. Stein stated he had been supportive of the police substation idea, however complained that the station is not manned during nighttime hours when it is needed. Mayor Hastings advised that representatives of the Police Department were present to speak to his concern. Ms. Dorothy Whyte, College Park East, requested clarification of the rules that apply to Oral Communications, her understanding has been that there is a five minute limit per speaker, which she has been required to stay within in the past, yet some speakers at this meeting have been allowed to exceed the five minutes, and suggested that during election time all of those rules should be adhered to. Mayor Hastings explained that five minutes are suggested however that is at the discretion of the Mayor and her preference is to not interrupt a persons presentation. With reference to the first speaker, Ms. Whyte said the Neighborhood Association has made efforts to work with the PROBE group, to share information, offered that no one is pro Bixby, rather pro Seal Beach, and there is no need for political fighting. She inquired also as to the rules regarding communicating with staff. The city Attorney explained that for items not on the agenda there can be no discussion however the Council has the discretion to refer an item to staff, staff can answer questions, yet there should be no dialogue, which is typically a discussion by two or more councilmembers, a flow of ideas. Ms. Whyte made reference to the removal of signs from a fence on private property announcing a recent Neighborhood Association meeting, inquired why staff took them down inasmuch as they have been placed in.that location for a number of years and not removed in the past, and confirmed that city crews were observed removing them. Mr. Ken Anderson, Leisure World, spoke regarding cable television issues, past cable contracts with Leisure World, various aspects of rate increases to Leisure World subscribers over the years, and advised that cable rates in Leisure World should be lower than the rest of the City because that system was undergrounded and put into place at the time Leisure World was built. There being no further comments, Mayor Hastings declared Oral Communications closed. 2-12-96 COUNCIL ITEMS OLYMPIC TORCH CEREMONIES Mayor Hastings invited Ms. Oar Brown to make a presentation on upcoming Olympic Torch Ceremonies. Ms. Brown, Chairperson of the Western Region of the united Way and member of the Executive Board of Directors of united Way Orange County, noted the efforts of united Way and volunteers in planning for the Olympic Torch Relay that will be passing through Orange County, the Torch to commence its journey from Greece to the Los Angeles Coliseum where on April 28th the 15,000 mile trek across the United States will start, traveling through forty-two states, twenty-nine capitals, will come within a two hour distance of ninety percent of the population of the United States, there will be 10,000 Torch bearers traveling an average of one hundred eighty-two miles per day, fourteen miles an hour for thirteen and a half hours a day, each bearer covering about one kilometer, a caravan of forty vehicles will accompany the Torch bearers, the Relay will average three stops a day, and the first stop after leaving the Coliseum will be Huntington Beach. Ms. Brown noted that the Torch will be carried by 5,500 community heros selected by a special United Way committee, those nominations originating from a multitude of sources, also 2,000 Olympians, and 2,500 individuals selected by Coca Cola, the announcement of the community heros to be made in Huntington Beach on Thursday morning, and noted that United Way is acting as the community support and volunteer services organizer throughout the United States. Ms. Brown reported that the city of Huntington Beach is planning April 28th festivities for approximately 4:30 a.m., a countywide celebration is being worked on with a theme of "Pause for the Cause for the Olympics" to bring attention to the spirit of the red, white and blue. Noting the arrival of the Torch in Seal Beach at approximately 3:00 a.m., Ms. Brown encouraged this community to plan some type of celebration as well, involve the schools and students, possibly decorate with a balloon arch or whatever, a daytime celebration to salute the Olympic spirit another option, invited the participation and support of the City Council for such an event and encouraged a Council representative to serve on an organization committee which she will chair, advised of the interest thus far of the Chamber of Commerce, Business Association, community organizations, etc. to work towards such a celebration. In response to Mayor Hastings, Ms. Brown confirmed the interest of some restaurants to remain open later for food service in recognition of and interest in the Olympic Torch passing through the community, the Naval Weapons station is considering sending their color guard, school involvement is of utmost importance, there has been a request for rerouting onto First Street, Ocean Avenue and Seal Beach Boulevard that is being looked into, donations have already been offered of flags and balloons, etc. There was indication of the Council's support and interest in participating, also suggested that efforts be coordinated closely with the city Manager. It was the order of the Chair, with consent of the Council, to declare a recess at 8:13 p.m. The Council reconvened at 8:26 p.m. with Mayor Hastings calling the meeting to order. REOUEST - USE OF COUNCIL CHAMBERS The City Manager noted the joint request of the League of Women Voters and the College Park East Homeowners Association to use the city Council Chambers on the evening of February 28th to host a Candidates Night, however explained that a Council Resolution adopted in 1984 requires Council approval for use of the Chambers at any time other than regular business hours. Brown moved, second by Doane, to approve the request. Councilman Laszlo reported having received a complaint from a I I I I I I t '-~";!:f . :V:''': '1, :'i';-"';: ..,' . .. ~. \V .'.\.l1l~, .., ,. '.. ' 2-12-96 College Park East resident regarding one of these organizations being involved politically in this event. He explained that he has not been a member of the Neighborhood Association for some time because of their political involvement even though the charter of the Association states they are not to be political. He posed the question as to why the Neighborhood Association is not called Homeowners Association, to which he also responded and cautioned that some twenty plus years ago three councilmembers were recalled, the Homeowners Association became politically involved, the former councilmembers filed a legal action against the Homeowners group, that action went as far as the U. S. Supreme Court where the judgment against the Homeowners Association was upheld at great expense to its members. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried EL TORO REUSE PLANS I MEASURE S Mayor Hastings recalled the passage of Measure A in 1994 in support of airport use on several thousand acres of the El Toro Marine Base with other types of development on the remaining property, to which she pointed out there is now Measure S which would repeal Measure A if passed. Mayor Hastings took exception to the development of commercial and residential in lieu of an airport facility where, if the need arose, it could be converted back for national security purposes, could also be a revenue source to the County. Councilman Laszlo added that the Orange County Airport Authority, to which he is a representative, also supports airport use of the site, additionally the lack of air operations at El Toro could in turn place pressure on the AFRC at Los Alamitos as an aviation facility, and new information supports the fact that Orange County will need another airport facility at some point. Members of the Council indicated their intent to vote in opposition to Measure S however that to be done independently rather than the City taking an official position. POLICE RESERVE PROGRAM Mayor Hastings invited Chief Stearns and Lt. Van Holt to provide a status report regarding the Senior Volunteer and Police Reserve Programs. For information of the public, the Chief noted that the City had been awarded a grant through the Crime Bill that led to the hiring of an additional officer, Officer Gordon is based at the Safety Building however patrols and walks the downtown area as well, one of her assignments was to also recruit volunteers to staff the Building, thus far nearly forty applications have been received and after a first meeting with them there will be a better idea as to how many wish to go through the training program. He mentioned that through the efforts of Lt. Van Holt and cooperation of the Orange County Volunteer Coordinators a Senior Volunteer Program information packet has been prepared as well as the schedule and format for the five week training program that is hoped will be concluded by the start of Easter week. The Chief noted the loss of one individual from the Reserve Program however that person is now a regular member of the Force, a Reserve recruitment has been completed resulting in a list of qualified applicants, background checks have commenced on two persons, fingerprinting is the lengthiest phase of the process and it is hoped that at least four Reserves can be enlisted from this recruitment which would bring the Program to eight persons, the 'goal being to have the authorized strength by the summer months. He said the understanding is ~hat the Community Safety Building Foundation is willing to support outfitting the Reserves with uniforms, etc. The Chief mentioned that State law taking effect January 1, 1997 requires that a Reserve Officer must go through basic 2-12-96 police officer training, a program of about nine months, which is a significant commitment of time and money to be a Reservist. In response to a question of Mayor Hastings as to whether the POST training could be avoided if interested persons could be interviewed, their backgrounds checked, etc. prior of January 1st even through they may not be participating as a reserve trainee at that point, the Chief said that issue was checked and I the response was that there will be a need to show that the person has actually been hired by December, 31, 1996. The Mayor said it would seem that at least fifteen to twenty Reserves would be necessary due to attrition, to which the Chief responded that in order to do a good job only so many can be trained at any given time, generally two to four persons, there also needs to be adequate staff for training. The Chief noted that possibly twenty Senior Volunteers could be realized from the forty applicants, they will not be considered a Peace Officer or Reserve or have police officer powers, however can assist with bicycle licensing, crime prevention education tips, check on shut-ins, may staff the Safety Building when no officer is on duty, they will have uniforms, be visible and can be the eyes and ears of the Department. It was mentioned also that the Rossmoor Center was advised that once the downtown program is underway assistance would be afforded them to develop a similar program. Mayor Hastings reported that the Community Safety Foundation is offering $10,000 towards this Program for uniforms, background checks, etc., a request has been made of the Lions Club to host one annual fund raising event to benefit these Police Department programs, an annual donation will be requested from Rockwell, and assistance will be sought from the Junior Womens Club for fund raising as well. CONSENT CALENDAR - ITEMS "D" thru "0" I Brown moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented. Councilman Laszlo noted having received a communication from a College Park East resident objecting to what was claimed as being a twelve percent increase of the individual's cable bill over last year. He said he found the request to hold a Bingo Night amusing as he attempted to bring bingo to the City several years ago. 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 11452 through 11674 in the amount of $335,1~9.67 and payroll demands numbered 15390 through 15596 and number 15602 in the amount of $228,445.29 and authorized warrants to be drawn on the Treasury for same. Approved the minutes of the January 22nd, 1996 regular adjourned and regular meetings. F. I G. Approved the declaration and sale of surplus property, two Marine engines from the Lifeguard Department, through the most cost effective means. H. Adopted Resolution Number 4439 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING THE PROPOSED CITY I I I #-;'.."'1 I i. , '.,11 ....~\ot~.:'~....,~_ .. 1t l.; ~ ~.,. ~ : ..'j r'o ~ ~~lli!1 2-12-96 OF ANAHEIM INS IDENTIFICATION PILOT PROGRAM." By unanimous consent, full reading of Resolution Number 4439 was waived. I. Proclaimed the week of February 11th through February 17th, 1996 as "Vocational Education Week." J. Proclaimed March 10th through March 17th, 1996 as "Jewish War Veterans of the United States of America Week." K. Authorized the issuance of ReqUests For Proposals for professional services for cable television franchise renewal negotiations. L. Approved Resolution Number 4440 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SUPPORTING RENEWAL OF THE OFF-SHORE OIL DRILLING MORATORIUM AND FEDERAL LEGISLATION TO PROVIDE LONG TERM PROTECTION FROM OFF- SHORE OIL DRILLING." By unanimous consent, full reading of Resolution Number 4440 was waived. M. Approved the request of the Seal Beach Business Association to conduct a "Bingo Night" charity fund raising event on February 24, 1996 at the Oakwood Gardens Apartments from 7:00 p.m. until 11:00 p.m. Denied the claim for damages of George McCalip and referred same to the City'S liability attorney and adjuster. Approved Resolution Number 4441 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING SPEED LIMITS ON CITY STREETS AND RESCINDING ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 4441 was waived. N. O. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried TRAFFIC CIRCULATION PLAN - McGAUGH SCHOOL The City Engineer presented the staff report relating to the cooperative efforts of the City and School District to reduce traffic congestion, increase access for drop off/pick up opportunities, and improve pedestrian safety in the vicinity of McGaugh School. He described the proposed improvements as being the construction of a sidewalk along Riviera Drive adjacent to the playground, the cost of which will be shared by the District and be included in the upcoming sidewalk repair project, the installation of stop signs on Bolsa Avenue at Riviera Drive, moving the existing Bolsa Avenue stop sign and crosswalk from Seabreeze to Island View Drive, adjust the driveway from Bolsa into the parking lot near the pool and tennis court, permit curbside drop off and pick up along eastbound Bolsa Avenue with left turn movements prohibited during those periods where conflicts could exist, and monitor the traffic circulation after the changes have been made and make further adjustments as needed. He explained that by expanding the drop off/pick up areas the eastbound Bolsa bike lane will be terminated at 2-12-96 Riviera and be designated as a bike route, modification of driveways will be necessary, and some currently prohibited left turn movements will be revised to be applicable only during the heaviest drop off/pick up hours. Councilmember Forsythe added that although the sidewalk along Riviera will not relieve _ congestion it will provide a safe access to the school grounds, the two stop signs on Bolsa will reduce the speed of traffic and I act as a deterrent to those who use Bolsa as a shortcut to Pacific Coast Highway, said it may be necessary to relook at a crosswalk at Riviera and Bolsa and suggested that further discussions be held with the District for a crossing guard at that location, and inquired as to relocation of the gate nearest the asphalt area. The Engineer responded that the gate is relocated so that it is not directly across from the driveway and there is a fence behind it. To a question of Mayor Hastings, the Engineer explained that there is presently no left turn for vehicles exiting the visitor parking area onto Bolsa, however given the plan to locate stop signs at Island View and Riviera it is felt there may be gaps in traffic that would permit a left turn, that being one situation that will be monitored and if there is a problem the area would be posted for no left turns at least during specific hours. He confirmed that the exit from the horseshoe driveway in front of the school allows no left turn, only right to the Boulevard. Forsythe moved, second by Hastings, to approve the proposed McGaugh School Traffic Circulation Plan and authorize City staff to implement same. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried RESOLUTION NUMBER 4442 and ORDINANCE NUMBER 1402 - BURGLAR ALARM I PERMITS - MODIFICATION OF FEES The City Manager noted that the burglar alarm permit fees for both residential and commercial are proposed to be reduced to reflect only the cost applicable to the services of the private alarm tracking company for the issuance of yearly alarm permits, an indirect alarm fee reduced from $25 to $10 and a direct alarm from $35 to $14, pointing out that there are six hundred thirty- nine indirect and fifteen direct alarms in the City. Forsythe moved, second by Doane, to adopt Resolution Number 4442 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING RESOLUTION NO. 4195 TO REFLECT REVISED ALARM SYSTEM PERMIT FEES", approve the introduction and first reading of Ordinance Number 1402 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 2A OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO ALARM SYSTEMS" and that Ordinance Number 1402 be passed to second reading. By unanimous consent, full reading of Resolution Number 4442 and Ordinance Number 1402 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried JOINT AGREEMENT - ORANGE COUNTY INVESTMENT POOL - OPTION A PARTICIPANTS I Councilman Brown noted that this item is basically a revote on what was initially approved by the council relating the Orange County bankruptcy. Brown moved, second by Forsythe, to approve the Joint Agreement of the County of Orange, the Official Investment Pool Participants' Committee and each Option A Pool Participant for resolution of claims against the county of Orange. AYES: NOES: ..Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I I I' ~....... ;it, . .'. \, . , 'r o!:" r.t"t 2-12-96 SITE LEASE AGREEMENT - PACIFIC BELL MOBILE The City Manager reported that the proposed Site Lease Agreement between Pacific Bell Mobile Services and the City of Seal Beach is for the placement of communication equipment on the City Hall clock tower, incorporated within the existing guard rail and painted to match the wrought iron. He added that through terms of the Agreement PacBell will provide a new roof and replacement of the clock tower decking, estimated to be $10,000. The Manager advised that as in like agreements the site rental will be $800 per month, however following the first completed year of the Agreement the rent will increase to $1,000 per month for the five year term of the lease, and be subject to a fifteen percent increase each renewal term. Mr. Ted Suekawa, PacBell Mobile Services, offered to respond to questions of the Council, pointed out the antennas incorporated into the railings as shown from photos of the clock tower, and stated the intent of PacBell is to reduce visual impacts through tenant improvements to camouflage equipment. To a question of Council with regard to cellular reception, Mr. Suekawa stated that PacBell is moving forward to build a mobile network, a digital system which is designed to reduce the number of dropped calls, static, etc. which will be comparable to using a landline phone, explained that PacBell is part of PacTel, Pacific Telesis the parent company, and as to health concerns with the tower antennas, mentioned that in the packet given the city Manager there was information that makes reference to certain household items that are measured for radiation, as an example the antennas are twenty times less harmful than a microwave, offered to provide additional information if desired, there is no health risk with personal communications services, very low voltage and energy use. Brown moved, second by Forsythe, to approve the Site Lease Agreement between Pacific Bell Mobile Services, a California Corporation, and the city of Seal Beach, subject to the approval of the city Attorney, and authorize the City Manager to execute said Lease on behalf of the city. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - ADOPTING CODES BY REFERENCE - ORDINANCE NUMBER U.!U Mayor Hastings declared Oral Communications open to consider the adoption of various building related Codes by reference. The City Clerk certified that notice of the public hearing was advertised.as required by law, and reported no communications received either for or against this item. The Director of Development Services pointed out that the Codes referenced by Ordinance Number 1401 have been adopted by urgency ordinance of the Council in that the State required the adoption of local amendments by the end of 1995, that adoption then followed by regular ordinance. He explained that most of the local amendments are continuations of amendments made in 1985 and 1988 as well as amendments based on new Code adoption processes. There being no comments from the audience, Mayor Hastings declared the public hearing closed. ORDINANCE NUMBER 1401 - ADOPTING CODES BY REFERENCE Brown moved, second by LaSZlo, to adopt Ordinance Number 1401 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING BY REFERENCE THE UNIFORM BUILDING, PLUMBING, MECHANICAL, FIRE, HOUSING, ADMINISTRATIVE, SIGN, 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 1401 was waived. 2-12-96 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried DEPARTMENT OF WATER AND POWER SPECIFIC PLAN The public hearing to consider the Negative Declaration and amendment of the Department of Water and Power Specific Plan were continued until the February 26th, 1996 meeting. CITY MANAGER REPORTS The City Manager reported that the Main Street Specific Plan is moving forward, in the interim a couple of things are being done pending the completion of that Plan, signs have been placed on Main Street referencing after business hours parking in the City-owned lot on 8th Street, the lot itself also so posted, and a temporary sign on Pacific Coast Highway identifying the historic Main Street business district, that staff is moving as quickly as possible to identify some of the options foreseen for the beach parking lots, the intent being to have some type of variable rate parking system in place by summer, Public Works crews have been working on the trees in Edison Park and will commence work on the basketball courts in the spring. COUNCIL REPORTS In response to a previous speaker regarding the City'S position on the Bolsa Chica development, Councilmember Forsythe pointed out there is significant risk to the City of Seal Beach if that project goes forward as planned, the Koll development comparable to that of Rossmoor, the vehicles generated from that project will be utilizing the basic roadway network to the City of Seal Beach which is Pacific Coast Highway, and presently at any time during peak hours traffic at Seal Beach Boulevard can be seen backed up past the Surfs ide entrance. She added that Seal Beach is financially responsible for meeting State and federal mandates and will be required to pay for improvements should the Koll project be developed in that there is no call for traffic mitigation north of the Bolsa Chica project site. Councilmember Forsythe announced the resignation of Ms. Betty Dahlin from the Cable Communications Foundation. In reference to the vacant lot at the corner of Pacific Coast Highway and Balboa, Councilmember Forsythe pointed out a problem with children jumping dirt mounds with their bicycles, the danger is that vehicular traffic may not realize that the children are in control of their bikes thus may veer to avoid hitting a child yet cause an accident. She asked that if children are observed in this activity that they be asked to go elsewhere or that a police unit be called. A suggestion was made that the property be fenced or that a block wall be constructed and the property owner billed. It was mentioned that the subject property calls for four residential lots however the owner wants to develop commercial. Staff indicated that the property owner has been contacted and there may be a way to resolve this problem. Based on the research relating to the Armed Forces Reserve Center reported by the PROBE group earlier in the meeting, Councilman Laszlo said he was giving thought to placing that subject matter on the next agenda. He also inquired as to the status of the railing for the hockey rink and the trees at Bluebell Park. The city Engineer reported that staff is working with the Recreation Department to resolve the railing issue, the trees have been removed and a screen has been placed pending new plantings. Councilman Brown mentioned that when the Boston Store left the Rossmoor Center their donation to the Leisure World bus transportation was likewise lost, and to that the Leisure World Lions Club has tentatively approved the funding of that portion of the bus service for the remainder of the contract, possibly a year or longer, that action to be finalized at their next meeting. Mayor Hastings reported a meeting held at the State Lands property with a State Lands representative, Councilmembers I I I I I I . " 2-12-96 and members of the city staff reqardinq the cleanup of that property, which has commenced with the trimminq of the palm trees, it is anticipated that a new fence will b~ in place within a short period of time, and expressed appreciation to the City staff for providinq the state with names of cleanup services in a timely manner. The Mayor reported that she and the City Manaqer had the privileqe of judqinq the Lions Club speech contest where eiqht younq persons spoke on affirmative action. ORAL COMMUNICATIONS Mayor Hastinqs declared Oral Communications open. Ms. Jane Vineyard, Fir Circle, stated that the Colleqe Park East Neiqhborhood Association is non-political, non-partisan, and non-profit, the Association was formed in 1991, has articles and by-laws reqistered with the state, and in accordance with those by-laws the Association acts as a source of public information, open communication and input from the community throuqh qeneral and townhall meetinqs. She said at this point in time the CPENA is often confused with CAC, the citizens Advisory Committee and PROBE, both concerned with Bixby. The CPENA has provided an opportunity for these qroups to qain information from each other, and that is all. Ms. Dorothy Whyte, Colleqe Park East, made reference to the statement of her Council representative that he is not a member of the CPENA because it is pOlitical, to which she requested an definition of political, said the PROBE qroup was invited to a recent CPENA forum, they did not choose to participate however some members handed out fliers at the site and someone taped the meetinq. She mentioned that the CPENA has done such thinqs as Holidays in Heather Park, participated in Founders Day, purchased sand for Heather Park and screen for the tennis courts, initiated the hockey rinks, provided a picnic table at Bluebell Park, started the summer camp proqram for Colleqe Park East children, held an earthquake fair, recyclinq proqram, sponsored a Miss Seal Beach candidate, a forum for School Board candidates, and information forums relatinq to the Bixby project, to which she asked if those efforts are felt to be political. She commended the members of PROBE for their intellect yet asked why some do not want them to know what Bixby will be buildinq. In the form of a question of staff, Ms. Whyte claimed that her Council representative publishes a newsletter which is printed on city equipment and has contained political information includinq endorsement of a candidate for City Council, to which she asked if that is allowed, if not it should be stopped, and if it is should not contain political statements. Councilman Laszlo said his newsletters are not political and have never endorsed a candidate. Mayor Hastinqs referred the question to the City Attorney who responded that use of City facilities depends on the nature of the materials, there are Fair Political Practices Commission requlations concerninq mass mailinqs, also, candidates should not use City facilities for campaiqninq. Discussion continued. Mr. Don Smoot, Seal Beach, ~entioned that he resides in the vicinity of the dirt lots previ~usly referred to, said most of the children who use the lot are smaller and utilize the interior of the lot, and reported at one point the Police asked the children to leave, which they did. He noted that the dirt berm serves to keep out noise and trash from the hiqhway, suqqested that somethinq needs to be done with the lot, preferably the four residential units, however he felt a chain link fence will not work nor would it look proper in that neiqhborhood. Councilmember Forsythe said the issue has now become a traffic safety issue. Mayor Hastinqs questioned the liability of the City if a younq person on a bike were to hit someone on the sidewalk. The City Attorney advised that liability would most likely lie with the property owner, however if the younq person ended up on public property there could be exposure to a 2-12-96 I 2-26-96 lawsuit, in general terms the city is not liable for dangerous conditions on private property, therefore it would be recommended that there be an attempt to resolve this problem with the property owner before an incident occurs. There being no further comments, Mayor Hastings declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with adjourn until Monday, February 26th Closed session if deemed necessary. by unanimous consent at 10:00 consent of the Council, to at 6:30 p.m. to meet in The meeting was adjourned I Approved: lerk and ex-o of Seal Beach of the Attest: Seal Beach, California February 26, 1996 I The city Council of the City of Seal Beach met in regular adjourned session at 6:35 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Councimembers Brown, Laszlo Absent: Councilmembers Doane, Forsythe Brown moved, second by Laszlo, to excuse the absence of Councilmembers Doane and Forsythe from this meeting. AYES: NOES: ABSENT: Brown, Hastings, Laszlo None Doane, Forsythe Motion carried Also present: Mr. Till, City Manager Mrs. Yeo, City Clerk APPROVAL OF AGENDA Brown moved, second by Laszlo, to approve the order of the agenda as presented. I AYES: NOES: ABSENT: Brown, Hastings, Laszlo None Doane, Forsythe . . Motion carried