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HomeMy WebLinkAboutCC Min 1997-03-24 3-10-97 I 3-24-97 I tour of the Seven Oaks Dam. Councilmember Hastings requested an explanation of the pUblic comment regarding pushing sand into the ocean. The city Engineer said he believed the reference was to the natural movement of the sand, stated there has been some surf and the last of the high tides, it was fortunate that the new sand was in place or there could have been more erosion, and reported that removal of the berm commenced this date. Councilman Brown reported that the County has picked six people, he being one, to look at forming a Joint Powers Agreement for a two hundred fifty to three hundred million dollar project to take water out of the Sanitation District and Water District, clean it, then recycle it to Anaheim where it will be percolated through rock and gravel back into the water supply, that about twenty-two or -three percent of Orange County water use, that water will then be available when there is another draught. Mayor Forsythe invited public comments relating to the cable franchise at the next meeting, and announced that the Hellman Estate will be holding public workshops regarding their proposed property development at 7:00 p.m. on Monday, March 17th and Wednesday, April 2nd at the Mary Wilson Library. The Mayor made reference to a news article reporting that legislation is being proposed at the State level, likely by SCAG, where once a year the odometer on ones vehicle will be read and a gas tax charge will be imposed of two cents per mile driven during the year, to which she urged public response. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn until Monday, March 24th at. 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent the meeting was adjourned at 10:35 p.m. Clerk a d ex-off1C1 clerk of the of Seal Beach Approved: _ d. ~)lc-l7-" Ma or Attest: Seal Beach, California March 24, 1997 I The City Council of the city of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Campbell, Fulton, Hastings Absent: None o 3-24-97 Also present: Mr. Till, city Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA Hastings moved, second by Brown, to approve the order of the agenda as presented. I AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION The city Attorney announced that the Council would meet in Closed Session to discuss the item identified on the agenda, anticipated litigation pursuant to Government Code section 54956.9(b). The Council adjourned to Closed Session at 6:31 p.m. an~ reconvened at 6:59 p.m. with Mayor Forsythe calling the meeting to order. The city Attorney reported the Council had discussed the item 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 7:00 p.m. lerk and ex-offic~o of Seal Beach the I Approved: _~ /., 2. ~ 7";/,_ Ma or ..- Attest: Seal Beach, California March 24, 1997 The City Council of the city of Seal Beach met in regular session at 7:03 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Campbell, Fulton, Hastings I Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services 3-24-97 Mr. Badum, city Engineer/Director of Public Works Mr. Dorsey, Assistant to the city Manager Mrs. Yeo, City Clerk I AGENDA REVISED At the request of Mayor Forsythe, Brown moved, second by Hastings, to consider agenda item "A" out of order at this time. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried , I ITEM "A" - RESIGNATION Mayor Forsythe stated she wis~ed to offer an explanation with regard to the recent occurrence that prompted her resignation. She said this incident can probably be categorized as a fine line and perspective, in this case the fine line has been crossed. She extended an invitation to anyone wishi~g to debate any issue to come to the Council Chambers and do so, the Council will listen, however pointed out that when an issue gets to the point of infringing on ones personal life, that is wrong. She asked that the community put into perspective what occurred to her family, which she cited as being an act against everyone, for an elected official to get such a threat through the mail is a threat to democracy in the City of Seal Beach. Mayor Forsythe offered that an aspect of this incident that is troubling to her is that the position is a volunteer job, yet it consumes. much of ones life, takes a great part of each day, takes one away from their family, and to then receive such a threat is a cowardly act of intimidation and harassment, that, coupled with the fact that she had not been informed of the incident, in frustration she did what was then felt to be right and resigned. She said the response from the community over these past days has made her less selfish in wanting her life back, she knew she had an obligation and the people reminded her of that. Given the reality of the fact that this did happen, the Mayor stated that such an incident can not be allowed to influence the making of decisions, and if something is believed in it is worth fighting for, the city will continue to fight this, continue to do what is right, which is what it has done and will continue to do, such acts of cowardice will not be tolerated and will continue to be investigated. Mayor Forsythe rescinded her resignation to a standing ovation from the audience, Council and staff. APPROVAL OF AGENDA Councilmember Campbell indicated her intent to remove Items "E, G, J, and L" from the Consent Calendar for separate consideration. I ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Roger West, Electric Avenue, thanked Mayor Forsythe for her action. Mr. West said he was quite touched by this incident, in his opinion Mrs. Forsythe is perhaps the best Mayor this City has every had, and to be treated in such a manner is unacceptable. He deemed this to be a terrorist act, a federal offense given the use of the postal service, that the Federal Bureau of Investigation should be involved, and said another s~ch act was reported to have occurred elsewhere today. Ms. Audrey Kime, College Park East, relayed support for Mrs. Forsythe as a Council person and Mayor by the citizens of the community, requested that she reconsider her resignation, and upon being advised that she had, commended her for doing so. Ms. Kime was critical of the Police Department for their handling of the threat to the Mayor, specifically the fact that neither the Mayor or other Councilmembers had been informed, and emphasized 3-24-97 that the Police Department is here to uphold the law, keep order, protect and serve. She stated that the attitude of the Department comes from the top down, should not be allowed to continue, expressed her loss of confidence in the Police Chief and called for his immediate resignation. Ms. Dorothy Whyte, College Park East, recalled her questions at the last meeting with regard to the Brown Act and the five minute limit on I individual comments, to which she stated she had been provided - copies of documents relating to the Brown Act as well as the Council meeting procedural resolution, and acknowledged the manner set forth for persons addressing the city Council. Ms. Whyte requested to pose questions to the City Attorney and Councilmember Campbell with regard to a recent news article entitled Marriott Moves Ahead, to which many College Park East residents are concerned with losing the tennis club, information at this point indicates that the City has until May 1st to make some decision on a development otherwise the tennis facility will be lost and replaced with commercial use, claimed the residents are not being made aware of what is taking place nor have they an opportunity to voice their thoughts on what is understood to be three options for development. Ms. Whyte read exceptions set forth in the Brown Act that would allow councilmembers or staff the right to confer with constituents, colleaques, etc., also allowing a majority of a legislative body to attend an open and publicized meeting to address a topic of local concern, and that an elected official has the right and duty to meet with constituents to address their grievances. Ms. Whyte asked that the city Attorney clarify whether or not Councilmember Campbell has the right to discuss the Bixby development with her constituents and Bixby and to hold a meeting to discuss the options for that property. The City Attorney responded that a councilmember may talk to people, I constituents may always approach a councilmember to express their views, however the councilmember may not commit to taking a position as a member of the city Council acts in quasi- judicial capacity on certain applications, also, the City has and can hold town hall meetings to discuss developments, etc., however again, there should not be an appearance that a position has been taken with regard to a proposal that may come before the body in the future. Councilmember Campbell responded that there are not three options as yet, stated the Bixby supporters seem to have proposals, however asked how she could hold a town hall meeting until some consensus has been reached, explaining that the two groups that met initially agreed to discuss no options until there was a consensus, and that she has attended the meetings only as an observer not a participant. She stated further that a status report was not presented at the last town hall meeting as the two groups were still meeting, both groups agreed to the parameters, Bixby came back with another proposal, however had not yet been discussed. Ms. Whyte concluded with a request that possibly the city host a town hall meeting to at least inform the residents as to what is being discussed even though there is no consensus and nothing has been formally submitted to the City thus far. There being no further comments, Mayor Forsythe declared Oral Communications closed. APPROVAL OF AGENDA Brown moved, second by Fulton, to approve the order of the agenda as amended, recognizing the removal from the Consent Calendar of Items "E, G, J, and L". I AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried CONSENT CALENDAR - ITEMS "B" thru "L Brown moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar as presented, except for Items E, G, J, and L" removed for separate consideration. B. I 3-24-97 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. Approved the minutes of the March 10th, 1997 regular meeting. D. Approved regular demands numbered 15308 through 15455 in the amount of $857,158.38, payroll demands numbered 21132 through 21323 in the amount of $267,933.65, and authorized warrants to be drawn on the Treasury for same. C. F. Received and filed the staff report and requested staff to monitor the ISTEA Reauthorization and Metropolitan Planning Organization issues, to provide additional information to the city Council as deemed appropriate, and that this item be forwarded to the Planning C01\\mission and Environmental Quality Control Board for information purposes. Approved the plans and specifications for reconstruction of the 2nd street Waterline Replacement and Central Way Reconstruction, Project Number 737, and authorized staff to advertise for bids. H. I 1. K. AYES: NOES: Received and filed the staff report relating to the Orange County Council of Governments (OCCOG) Overall Work Program, and instructed staff to provide additional status reports as appropriate. Adopted Resolution Number 4519 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING RESOLUTION NUMBER 4195, DIFFERENTIATING THE NON-SUBDIVISION PARK AND RECREATION FEE FOR SINGLE-FAMILY DWELLINGS FROM OTHER RESIDENTIAL DEVELOPMENTS." By unanimous consent, full reading of Resolution Number 4519 was waived. Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "E" - SOLID WASTE AGREEMENT - BRIGGEMAN DISPOSAL Councilmember Campbell made reference to Ordinance Number 1414 adopted at the last meeting with several amendments thereto that relate to the collection of solid waste and recyclables, and noted that the copy she had requested does not reflect the changes, specifically the provision for penalties for non- removal of bins from the street after collection. The City Attorney advised that the amendments to Ordinance Number 1414 have not yet been made. Councilmember Campbell inquired as to what would occur if someone refuses to remove their bins from the street and the warning and citations have been issued. It was suggested that a $20 or $40 fine for weekly non-compliance should draw someones attention, and that a citation for non- compliance would be processed in the same manner as a traffic citation. I 3-24-97 Brown moved, second by Hastings, to approve the Agreement for Solid Waste Collection Services between the City and Briggeman Disposal Services. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEM "G" - CLEAN CITIES PROGRAM - U. S. DEPARTMENT OF ENERGY In reference to the Memorandum of Understanding and provisions that the city would work with SCAG and pUblic/private organizations to encourage engine manufacturers and alternative fuel producers to develop vehicles and infrastructure that meet local and regional needs, as well as applications for funding, Councilmember Campbell inquired as to how that would occur, what the cost would be, and how many vehicles will the City be required to convert or acquire. The City Manager responded that the city would be part of a much larger effort to SCAG, there is no mandate that the City purchase a certain number of alternative fuel vehicles, the purchase of such vehicles would only be through the use of grant funds or monies that can only be used for that purpose, and it is anticipated that the City will save money. Brown moved, second by Campbell, to approve the non-binding Memorandum of Understanding between the City and the Southern California Association of Governments to participate in the U. S. Department of Energy's Clean cities Program. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEM "J" - ORANGE COUNTY COUNCIL OF GOVERNMENTS - URBAN CONSORTIUM FUND PROJECT Councilmember Campbell made reference to the Funding section of the attached page fifty to the staff report, her concern again being a cost to the City at some future date. The City Manager stated the response is basically the same as the prior item, there is no mandate, merely agreement to be a participant. Councilman Brown added that this is subject to obtaining a grant. Brown moved, second by Fulton, to receive and file the staff report, and indicate the City's support for the Orange County Council of Governments participation in the "Urban Consortium Fund Project", also instructed staff to provide additional status reports as appropriate. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I I ITEM "L" - RESOLUTION NUMBER 4520 - TEMPORARY EXTENSION - FRANCHISE AGREEMENT - COMCAST CABLEVISION Given this proposed month to month extension, Councilmember Campbell inquired if there is a fee payment schedule. The City Manager responded that the $75,000 is a once a year lump sum payment, the extension is on the same franchise terms as I currently exist, Comcast has not indicated otherwise, it is not anticipated that the extension places the City at any disadvantage, negotiations are nearly ready to commence and it is felt they may be concluded in three or four meetings. Should negotiations be prolonged for some reason, Councilman Brown asked if there could be an arrangement to have the fees, particularly the annual payment, paid on a monthly or quarterly basis. The Manager noted that the $75,000 is paid at the end of the calendar year. The City Attorney explained that the Extension tracks the language of the existing agreement including a provision that the agreement continue until 3-24-97 I negotiations are concluded, possibly after three or four months into negotiations the monetary sums could be looked at and negotiated further if need be, at this point there is no need to change the Resolution. Brown moved, second by Campbell, to adopt Resolution Number 4520 entitled "A RESOLUTION OF THE CITY COUNCIL OF SEAL BEACH RELATING TO THE CONTINUING OPERATION OF THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND COMCAST CABLEVISION UNTIL THE FRANCHISE RENEWAL PROCEEDING IS COMPLETED, ON OR BEFORE JUNE 30, 1997. By unanimous consent, full reading of Resolution Number 4520 was waived. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I PUBLIC WORKSHOP - CABLE TELEVISION FRANCHISE RENEWAL PROCESS Mr. Dorsey, Assistant to the City Manager, recalled that the firm of Telecommunications Management Corporation was hired in 1996 to provide professional services for the franchise renewal process, four tasks were identified for "that firm to accomplish, three of those tasks, a draft cable television regulatory ordinance, an assessment of cable television needs and interests, and an evaluation of the cable television system and franchise renewal recommendations, have been accomplished during the past eleven months. He noted that the last task is to assist the City in negotiations with Comcast, which is scheduled to begin next month, a negotiating committee was formed some weeks ago and is comprised of two Council members, the city Manager, and the cable television consultant. Mr. Dorsey reported that input thus far has been received from educational institutions, city departments, the Cable Communications Foundation, public access producers, and other interested parties. As a point of information, Mr. Dorsey explained that the local cable authority, which is the City, can only regulate the rates for the basic service tier, which is the regular channels that can be obtained via antenna and the public television channel, the FCC being the sole entity having the authority to regulate rates for the cable programming tier, the pay per channel, and pay for view tiers. , Mayor Forsythe noted that complaints she has received have been with regard to increases of rates, antiquated equipment, poor service, and response time. The Mayor invited public comments at this time. * Councilmember Campbell read a letter from Mr. John Unrath, Dogwood Avenue, which, in summary, described new cable services forthcoming such as Court TV, Comedy Central, CD quality sound music, Internet connection to the World Wide Web, and HDTV with digital quality pictures, some of those services are here now, some two and some five years in the future, however the Seal Beach cable system does not currently have sufficient bandwidth to deliver these services. The communication suggested that the new franchise agreement contain a promise to upgrade the system to add bandwidth, either fibre optic or ~ide band cable, a plan for the franchisee to complete the process of adding bandwidth, and a means of holding the franchisee to the plan, possibly by periodic reviews of progress with incentives and/or penalties if the plan is not being met. Mr. Unrath concluded that it would be unfortunate for the residents if a franchise were granted for ten years without the promise of adding bandwidth to deliver new and improved services, or granted and then an upgrade forgotten. I 3-24-97 * Mr. Dick Davies, Southport Lane, member of the Leisure World Video Club, founded in 1983, stated the Club has twenty-five members and is involved in taping programs inside Leisure for airing on public access, channel 3, his presence this evening for the purpose of supporting and promoting public access inside and outside Leisure World, and it is hoped the Council will likewise support public access during the negotiation process. Mr. Davies reported receipt of letters from a broad representation of organizations that the Producers Club have worked for, in support of the Club's position, an example being the Golden Age Foundation where their monthly medical series are taped and aired for those who can not attend the lectures in person, also provided to the library. The letters were distributed to the Council. Mr. Davies stated their organization believes that their work is beneficial to the whole of the community, Leisure World residents are vitally interested in the health and future of Seal Beach, involved with many community organizations. He noted there are approximately three thousand six hundred paid subscribers in Leisure World, however pointed out that there is only one paid public access person. Mr. Davies said their Club and the many volunteer public access people urge the Council to not only keep but expand pUblic access in this City, pointed out also that there is now only one public access channel, limited to two nights, where there was once two. * Mr. Rob Roy, public access producer, noted that the access producers have been active for thirteen years not only in Old Town but also Leisure World, they have produced many programs around and about the city of Seal Beach, a tool to promoting local nonprofit organizations and clubs, program examples include City Watch Live, Inside Leisure World, UCSB, the Christmas Show, some McGaugh School videos, Club Oar, the Dolphin Avenue Volleyball Tournament, the Car Show, and many more. The producers have been responsive to the community by producing programs that deal with emergency services provided to the community such as the Lifeguard Department services, Roughwater Rescue Training, coordination for the Rough Water Swim, A Day In The Life Of A Fireman At Station 44, a ride-along program of actual emergency calls with a paramedic unit at Station 48, a profile of the Senior Volunteer Reserve Program graduating classes, the Community Safety Building dedication, ribbon cutting for the Fire Engine, and more. Programs have also been produced in conjunction with the Police Department along with public service announcements with regard to topics such as drunk driving, child safety seatbelt laws, bicycle safety, promotion of the Police Reserve Program. For the past three years Los Alamitos High School football, basketball, and soccer programs have been aired via public access, and more recently the School Board meetings, made possible through the efforts of the Cable Foundation, pUblic access coordinator, and the Los Alamitos station manager. Over the years Seal Beach public access has received numerous awards for its programs, recognized by the prestigious Home Town Video Awards and WAVE Awards. It is hoped the Council will approach the franchise renewal process with the understanding that cable can be a valuable community resource, utilized effectively by different entities within the community, therefore basic provisions must be provided for in the franchise agreement so that these presently existing services can continue to be available and enjoyed, criteria is that there must be a designated channel for community access, some communities have three, to provide public, education, and government I I I I I I 3-24-97 access, the availability of studio equipment that can be utilized by the community, and there must be a means for continued funding to allow public programming to continue to exist and grow, and according to AB699 cities, at the time of franchising, are fully within their rights as the grantor to require cable operators to provide any level of support for public access programming. He noted there are a number of opportunities through the renewal process and it is hoped the Council recognizes the need to help plan the telecommunications future of the cOllllllunity. Mr. Roy invited the Council and the public to the first Mary Wilson Library Telethon on April 12th, the start of "Library Week", an effort to raise funds to keep the local library open. Mr. Rick Hudson, Ocean Avenue, stated he too is in support of public access local programming and reported the collection of over one hundred fifty signatures of residents who are also in support. He said for more than ten years programs about the people and history of Seal Beach have been enjoyed, the Christmas, Spring, and Founders Day parades, the Miss Seal Beach Pageant, McGaugh School programs, Los Alamitos sports, as well as Ricky's Trout Tournament, the Rick Paap Show that has made it possible for many animals to be adopted into homes, comedy and variety shows, kids programming, and when professional volleyball left Seal Beach the volunteer producers have covered the Dolphin Avenue Volleyball Tournament for the past five years. All of these programs are valuable to the community, the volunteers are appreciated for their coverage of local events, and there needs to be assurance that they are here to stay. He too made reference to the WAVE Awards in recognition of outstanding community programming, and Seal Beach public access producers have been finalists and winners of these awards for the past eight years, last year the recipient of the overall best in the western region for the Orange county Marshall's Department Most Wanted program, a program responsible for the capture of a number of criminals in the county. * Ms. Fran JOhnson, Coastline Drive, spoke of the importance of public access and the Cable Foundation to Seal Beach, the staff important and hard working as well, volunteerism difficult except for ones own satisfaction. She too noted the placing of over two hundred dogs in homes by means of the Rick Paap Show, the telethon produced each year to benefit the Animal Care Center at no cost, raising about $8,000. Public access allows the residents the opportunity to see what is going on in their community. * * Ms. Barbie Meyer, Emerald Place, a cable television subscriber since 1982, said she would like to see more than one local channel as there was initially, reinstatement of the channel guide, channel 3 should be for local programming only, there seems to be many more cOllllllercials on 3 as well. There is great appreciation for the local program funding of the Miss Seal Beach Pageant over the years, appreciation also to the volunteers who do the local programs. The cable access coordinator put forth considerable effort to bring Los Alamitos football to the Seal Beach community, that coordinator works hard and does a very good job. Wonderful programs have been made available to the viewers, city Watch Live one example, having been aired for six years has featured most of the local non-profit organizations at one time or another, has been a means of disseminating cOllllllunity information, and confirmed the pet adoption rate through that program, Club 3-24-97 Oar another locally produced show. She asked that the Council give due consideration to the work of the local producers and volunteers during the franchise renewal process. * Mr. A. J. Summers, Surfside Colony, said he too is a volunteer public access coordinator, it often appears that the public takes the local programs for granted and are not aware that they are not automatic. He expressed pleasure with seeing the community and special events featured on the local channel 3 over the years, also the importance of community service announcements for such things as disaster preparedness, availability of sandbags, safety tips, blood drives, etc. and urged that this type of programming continue by means of the upcoming contract negotiations. Mr. Marty Mahrer, College Park East, said from an engineering aspect what his area has is a crisis left over from when the system was put in. He made reference to a news article reporting a windfall to cable companies in Orange County upon the return to them of property taxes that had been paid to the County, however actually paid by the subscribers, approximately $4.5 million to Comcast, and emphasized that that money should be returned to the subscribers. In walking College Park East he said one notices physical improprieties caused by various vendors to the City and the lack of quality control and inspections, claimed that citizens walk over cables that are not underground, they are on their property, on driveways, and sidewalks, they could fall into a cable vault because the covers are cracked or missing, to which he inquired as to whose liability that could become. When preparing to make repairs the cable company spray paints signs on the sidewalk, when they leave the paint remains, to which he demanded that their workmanship be improved and the paint removed immediately. Signal repeater boxes are found open, why are they, that is an invitation to trouble; the signal transmitted to homes in College Park East is not clear specifically channel 2 in the easterly portion, probably due to corrosion or possibly the way the system was installed initially; and why are the rates raised a few pennies at a time with no explanation and the subscribers are paying the franchise fee. The City should take an active stand on these issues before entering another agreement with Comcast, the City has been neglected and it is time to put Comcast on notice. * * Dr. Rosenman, 8th Street, stated his belief that there are performance measures associated with most systems, and although it is unknown how many people lodge complaints, his personal experience has been that a channel goes out about every two to three weeks yet from 6:00 p.m. on Comcast is unresponsive to service requests, there is also a no refund policy unless the service has been out for twenty-four hours or more, and he too has a quality problem with channel 2. He urged that these issues be addressed and resolved and that Seal Beach be prepared for the twenty-first century. * Mr. Matt Duggan, Ocean Avenue, noted that for the past year and a half the Los Alamitos Board of Education has been attempting to communicate more with Seal Beach and negotiated to have the Board meetings cablecast, which was accomplished about six weeks ago. He said whatever is decided with regard to the cable franchise he would hope it will include the ability for the community to have public access. I I I I I I 3-24-97 * Mr. Vie Peterson, Los Alamitos and previous Seal Beach resident, expressed appreciation for the cable coverage of the girls CIF soccer this past weekend. He suggested that funding be negotiated for coverage of sports and other events that quite often take place outside the local community, possibly shared efforts by the Los Alamitos and Seal Beach cable companies. * Mr. Jeff Christ, College Park West, said as a result of discussions with friends and neighbors the concern seems to be primarily with responsiveness to the community, and to take eighteen months to negotiate the airing of School Board meetings is unacceptable. Given the geographic layout and diversity of Seal Beach, local access tends to bring the community together, questioned why there is only one channel for public access where if there were more a greater number of community and youth activities as well as services could be offered. He suggested that through negotiations a means needs to be found to more expeditiously handle customer complaints and meet the needs of the community. * Councilman Brown inquired as to the impact if an additional public access channel were obtained, possibly channels 54 and 55 as an example, which in turn would require the freeing up of channel 3, as there is some concern with regard to the location of the public access channels. * Ms. Terri Quinlan, public access producer, recalled presenting a document to the Council some months back citing concerns and recommendations of the access producers. She stated that public access can be used for educational purposes, some programs have been award recipients, an example being a program relating to persons wanted in Orange county which resulted in a number of arrests, another public eduction program featured the CARE group and dealt with substance abuse. Cable is being used in the classrooms of some school districts, a number of those programs based on kids educating kids, the need is to make teachers more aware of the potential of public access television as a tool in the classroom. She stated that if public access is able to continue in the community it is likewise important that production facilities remain at this site, that they not leave Seal Beach. She reported that her substance abuse production went on to the orange County Fair where it won an award in the category of education, and the WAVE award was for programming that made a difference, and said she did feel that the public access programming does make a difference in Seal Beach. A member of the audience said she approached the Council in full appreciation of the hard and diligent work the Comcast local production people do with their projects, being in a position of visibility she has seen that through the Seal Beach Pageant, parade, etc., said she felt that they bring a warm feeling to the city, a family situation, a dedication to the community and their projects, and that a total renewal of the contract should be forthcoming. * * Ms. Barbara Wright, Crestview Avenue, said she wished to direct her comments to public access and its affect on children, parents, and the community of Seal Beach. She offered that McGaugh School has a partnership with cable access where events are taped and shown at a later time so parents that work and can not attend a mid-day concert or other program can see them. Some of the programs include the Pageant of the Arts, musicals, the essay and poetry 3-24-97 contests, honorary service awards, teacher of the year, and since 1987 Comcast has been involved in the active video production program at McGaugh where after selecting the theme of a project the children come to the production studios, are assisted with scenery, lighting, taught to work the cameras, helped with their production, editing, etc. which is extremely motivating for the students and I develops thinking skills and leadership training. The classroom teachers utilize video as a tool for the assessment of learning in various subjects such as social studies and science, the students write and produce videos to show what they have learned, they are shown on local television, and that builds self esteem of the students. Ms. Wright spoke in favor of the continuation of public access for the children. * Ms. Kate Pedigo, President of the Leisure World Producers Club, made note of their disaster preparedness production and said others are planned to be forthcoming. * Mr. stan Anderson, President of the Business Association, expressed his support for public access and cable television in Seal Beach, said many activities have been helped and supported by that means, and although some aspects may have been lacking they will be addressed and resolved. * Mr. Bill Doane, public access producer, said he understands that once in a while during negotiations it is said that no one watches public access, however that is not true, that claim often a proposal to save money, yet it is important that public access be part of these negotiations. In Leisure World there are a number of people who are housebound yet want to be part of the community and through public access they can view events on their television that they could not otherwise. * Mr. Peter Anninos, expressed pleasure with the number of people present in support of public access, and stated those involved do this out of a sense of concern, sense of community, and with personal satisfaction, while providing a voice and forum for the community. Many people feel that television has an invasive effect on society, that some people are engulfed by that media and participate in nothing else, public access has an opposite effect, people can be involved in their community by simply watching a show such as Council and Planning Commission meetings as well as through the production of shows, when public access people come together they further their community, they participate in, cover events, and sometimes even produce them for the benefit of their immediate audience as well as those that are watching at home, where else can someone pick up the telephone and speak to a personality on a live talk show, City Watch Live and Sportswire two examples. Mr. Anninos praised the work and efforts of the public access coordinator, the only paid employee. He mentioned that in addition to public access there is also governmental and educational access, commonly referred to as PEG, an example of governmental is the broadcast of Council and Planning Commission meetings, the value of educational access was described by Ms. Wright, children involved in producing their own shows as well as coming to the studio and working with professionals, access producers and coordinators, the opinion is that these programs must be retained and expanded. There is no better means of getting citizens involved in their community than public access, nor can a price be placed on that, making the I I I I I 3-24-97 community a better place to be and live, in Seal Beach there is a strong and growing public access program, as opposed to what there is in other communities, it is supported by the Cable Foundation, of the $75,000 annual payment $25,000 is to pay for public access support and $25,000 is to cover the cost of twenty-five programs annually. He claimed belief that initially the annual payment was to be made at the beginning of each year, has gotten later and later as time has past, and it is now believed to be almost a year late, and now that the franchise is being continued on a month to month basis, there is concern as to how the franchise fees are going to be paid. He noted that the resolution extending the franchise will be under existing terms until June 20th, cautioned that to rush this process may not be in the best interest of the City, there are a number of issues that the Board and public access people are concerned with, the past may be indicative of the actions of the company in the future, an example being a cable representative speaking to the Board said it was not certain that they were required to provide and maintain the equipment or just the studio. Mr. Anninos said when the franchise negotiations have concluded it is hoped the PEG will be represented and improved and that there continues to be a public access coordinator. Mr. Roger cunningham, Ocean Avenue, made reference to the provision of the cable agreement relating to undergrounding of the system, basically that if other utilities underground the cable must as well, to which he recalled a fairly recent undergrounding by Edison along Electric Avenue, yet there are now poles with only cable lines and the poles are riddled with termites, to that the telephone company advised that the poles were now the property of the cable company, in turn the cable company was not responsive to questions. He suggested that a survey be made of the poles to see if they remain in working order or should be replaced. * Mr. Peter Anninos, Chairman of the Cable Communications Foundation, noted that the issue of reception and quality has been brought up, most people in the community have problems with channels 2, 3, and 4, until about a year ago 3 was virtually unwatchable, it is now somewhat better, 2 is still not good most likely for technical reasons such as corroded connections, signal leakage, etc., maintenance that should have been done over the years but was not. As to complaints, if a survey were taken it can be guaranteed that people no longer call with problems because of the lack of response, and from personal experience a few years ago he kept a log of the lack of service when either part or all of the system was out at least a third of the time, having dates, channels, lack of service, etc., which he offered for information purposes if need be. * * Mr. Marty Mahrer, college Park East, said people are paying a monthly fee ahead of time, which he will not do, in other words they are using the subscribers money, to which he demanded interest, the cable company in turn could not respond to that, and when something does not work the outage is timed and they are paid accordingly. Although there have been wonderful things said about public access, in his opinion getting a dish would be better. He claimed that the hardware put in fifteen years ago was not state of the art, it is worse now given corrosion, etc., fibre optics will still not do what is thought it will as it still needs to be connected. He suggested that 3-24-97 negotiations be handled by someone who knows cable systems, someone who knows what they are doing, someone who will walk and talk, or negotiations are for naught. Mayor Forsythe declared the public workshop closed. It was the order of the Chair, with consent of the Council, to I declare a recess at 8:47 p.m. The Council reconvened at 9:02 p.m. with Mayor Forsythe calling the meeting to order. REOUEST FOR WAIVER OF FEES The Director of Development Services reported this item is a request from Mr. Walt Miller for consideration of the waiver of fees that the city normally imposes at the time of seeking a building permit. He explained that the City adopted a Limited Commercial Zoning designation for the properties located in the 200 and 300 blocks of Seal Beach Boulevard in 1991, that resulted from concerns expressed by the property owners of the area that the previous C-2, heavy commercial, zone was not a viable zoning designation, primarily because of parking requirements and the lot sizes did not allow for the standard type of commercial development that is generally seen in a C-2 zone, an example of C-2 would be those properties along Pacific Coast Highway and the Rossmoor Shopping Center. The intent of the change of zoning was to allow a mixture of commercial and residential land uses on the same property, to reduce vehicle trips for business operators by living on the property as well, and to limit the types of uses to those that were thought to be more compatible to the adjacent residential neighborhoods in the area, the size of commercial was limited to three thousand square feet, primarily for professional and service types of use. As part of the LC zoning category the City put into place I a credit to allow on-street parking to be counted towards the required parking for new commercial businesses in that zone, to encourage commercial businesses in the area, and to recognize that only one side of that Street has developable property as the opposite side is the Naval Weapons Station, the parking that would be created by the city restriping for diagonal parking could be used as parking for those commercial businesses. He noted that that program has not been implemented at this point in time. The Director reported that Mr. Miller had submitted a project to the city, it was approved, however in that the property is in the coastal zone it also was required to be submitted to the Coastal Commission for approval, as a result of the Commission having different standards from those of the city there was a long, involved process between the Commission and Mr. Miller before he obtained an approved project from the Commission, a time span of about four years, however this was,a smaller commercial project than that approved by the City, at that point building plans needed to be changed, and new Building Code requirements were in place. At the time the project came back to the City for a building permit there were a number of fees that were required to be paid for issuance, Mr. Miller in turn has concerns with and objections to paying those fees because of things that have taken place in the past, and pointed out that by the action of the Council at this meeting with I regard to Resolution Number 4519 relating to park and recreation fees, that fee is now reduced from $20,000 to $10,000. He noted that some of the other estimates provided by Mr. Miller appear to be high, one of those the City's requirement to remove and replace the curb and gutter that does not meet current City standards, Mr. Miller estimated the cost at $8,000, the City's best estimate is about $2,000, his estimate of the plan check fees is $5,000 however given the reduced size of the project that fee is more likely to be around $3,000, the other fees appear to be fairly accurate, they are established by resolution of the city Council and staff has no authority to reduce or 3-24-97 I modify them. In response to Council, the Director confirmed that the best estimate of staff are fees totaling $27,700 as opposed to the $45,700 estimated by Mr. Miller, and with regard to the cause of damage to the curb and gutter he suggested that the Council may wish to have Mr. Miller explain his views. He confirmed that the seven in-lieu parking spaces are valued at $500 each for a total of $3,500. Mr. Miller commenced his presentation to the Council, in conjunction with visual aids, with a comment that he believed there is a basic misconception regarding his issue, and as a certified public accountant the numbers are felt to be correct even though estimates and were submitted under penalty of perjury, also, neither the Director of Development Services or the city Manager have been able to resolve this situation, yet if he does not pay the fees he can not obtain a building permit and without a building permit there are dire consequences. Mr. Miller recalled the passage of the ordinance five years ago that changed the zoning of the area from C-2 to LC, at that time it was said that the property owners were provided parking credits which meant it would not be necessary to provide the commercial parking on-site, that came about by the city taking one hundred four parking spaces off of the street and then for every two thousand five hundred square feet constructed the City would sell the developer four parking spaces, which he claimed came out of the public domain for beach access, and the Seal Beach Boulevard property owners accepted that because it would provide the ability to build upon their lots, and down line the city could realize $50,000 from the sale of the parking spaces, however, that did not turn out the way it was planned. Mr. Miller stated he bought the 229 Seal Beach Boulevard property for an amount equal to the cash offer made by Coultrup Construction for the C-2 lot in 1987, then when the parking credit was adopted that would have allowed three thousand square feet of retail and up to five apartment units to be built, he retained an architect, who was the subject of some criticism later on, who designed, along with himself, the project as shown on the conceptual drawing, and stated even the existing building is unique in Seal Beach with its window boxes, benches, grass, etc. Mr. Miller recalled that the Planning Commission and the City Council passed the project unanimously, the Coastal Commission conditionally approved the project on an eight to one vote, which meant that if the project was built as initially proposed, consisting of two artist studios, a bike shop, and two penthouse apartments as living quarters for the artists, a deed restriction would be required to run with the land that restricted rental to anyone other than an artist, he would need to provide public restrooms for persons going to the beach and signage for coastal access. Mr. Miller said he was then told by the City that the Commission would not approve the parking credit provision of the ordinance until there was an applicant, the applicant was himself, he sought legal assistance as he felt confident the project would go forward, commenced litigation, and four years later lost the litigation however won on a procedural error by the Commission during the original hearings, that comparable to a mistrial, the Superior Court judge found that no one had asked the Coastal Commission for permission to take the one hundred four spaces out of public domain beach access, yet the Commission is mandated to preserve coastal access by maintaining the status quo in the coastal zone unless the city assumes that mandate by filing a Local Coastal Plan, which has not been completed by Seal Beach. Mr. Miller stated that as a result of the LC zone there is essentially a de facto building moratorium as no one can obtain a permit without the Coastal Commission agreeing to it, yet the Commission will not allow the use of street parking, requires commercial parking to be on-site, however on-site can not be accommodated because curb I I 3-24-97 cuts would be needed yet curb cuts are prohibited by the LC zone and there is a residential alley that will not support commercial traffic. Mr. Miller claimed that the highest and best use of the property is what it is today, that is to grow grass. The only reason he has a Coastal permit is that he won the litigation on a technicality, the options proposed by the Attorney General were to either go to trial again, which he did I not want to do, or scale the project down by taking out two of the three retail spaces, the artist studios, and put in two apartments along with the bike shop, not exceeding its present size, a one thousand three hundred sixty-seven square foot bike shop rather than the three thousand square feet allowed by the City, with two apartments rather than the five allowed, and tandem parking. At that point the choice was to either grow grass or take the offer, which he did, he can not sell his property to another to build a bike shop because he is the one that won the lawsuit on the technicality, and at that point he was faced with losing $358,000 or $229,000, the $229,000 based upon the city adopting and filing the Local Coastal Plan, on the other hand if the project is built it is likely the apartments could not be rented because no one else on the street is able to do anything with their properties, therefore those property owners are collecting rents, doing only the minimum to their buildings, and say nothing, and the other side of the Boulevard is dirt, weeds, and a barbed wire fence. He claimed to have been told by staff that the architect should have asked the Coastal Commission what could be done, however there is nothing in the ordinance that says Coastal would be the body that would give permission to take the parking spaces off the street. The plan check in 1992 was approved, he received a letter from the City advising of the approval, then he went to the lawsuit and his legal counsel did not inquire either, and it was the judge I and the Attorney General, rather than the Coastal Commission, that determined the project approval. Mr. Miller noted certain developers that have built several million dollars worth of projects in the Old Town area in recent years yet they have not invested even a dollar in Seal Beach Boulevard, likewise there has been no permits issued on that street since 1973 when he remodeled his building, therefore without the commercial parking credits everything remains as it exists, there is no incentive for the City or the owners to do anything, the result is absentee owners, run down buildings, dirt parkways, high speed traffic, the plan was to slow traffic down to fifteen miles per hour like Main street, that too has not happened. Mr. Miller said if he should invest $500,000 in this building, which the City estimated and he agrees, that means he would mortgage his office building, the land and building he constructs, his house, and obtains a home equity loan, and if there are not enough monies to complete this project he could lose all of that property if the units do not rent, adjacent properties likewise may not be able to be rented at market rates, yet said he is pursuing this in spite of the adversities because of belief in his son and the dream of having a bike shop that would be unique to this City. He expressed belief that this is a situation of double standards to which he described a for-sale property on 6th street, the lot an identical size to his without an ocean I view with a worth of $540,000 plus the cost of tear down, yet his Seal Beach Boulevard property is worth nothing, in less than three months building permits were issued, the park and recreation fee was waived on the first house because the developer tore down one house and built two houses, the waiver because the developer was not adding to the park or sewer demand, yet in his case the fee is not being waived because he is building two apartments on a Seal Beach Boulevard lot that had no structure on it. Mr. Miller said when he bought the apartment house in 1975 he restored it, put a bike shop downstairs, office space upstairs, the result being a restored 3-24-97 I building that looks nice with flower boxes, benches, etc., yet he removed three apartment units, thus the demand on parks, recreation and sewers reduced by a factor of three, therefore it seems there should be a credit for doing that in that he is putting back two rather than three units. with regard to the sidewalk, curb and gutter replacement Mr. Miller stated he did not believe his estimate to be wrong. He explained that after the requirement of the city Engineer that four feet of curb and gutter had to be removed and replaced, his response was that the Briggeman trucks caused the damage on that City property, he contacted Briggeman, they sent a driver to investigate whose response was that they never did the damage, and to a request for a statement to that effect under penalty of perjury the response was only if the driver was on the witness stand, the only recourse left was to sue Briggeman, that the response of the City as well. Mr. Miller recalled frustrations as far back as 1987, when he purchased the property, with Briggeman using it as a driveway, of which he said he has pictures, another situation where he was caught in the middle, and yet another photograph shows the Police chasing a stolen car and ultimately the car flipped and ended up taking out another chunk of the curb, again a situation where he is being required to pay to repair the damages to City property yet not caused by him. Mr. Miller claimed the $229,000 is out of pocket monetary losses since 1987, no interest, no return on investment, inflation, etc., if the project had been built in 1992 it would have cost at least $100,000 less than it will today, and an interesting suggestion was that something less expensive be built, commercial as an example, where a profit will be realized, however stated he is not getting a return on his investment, yet at last meeting there was considerable discussion about the fact that Mr. Briggeman had to make a profit. He stated that the reduction of $10,000 park and recreation fees does not guarantee that he will make a profit, yet he is entitled to, and it is felt that the negotiations with Briggeman are a windfall for him. Mr. Miller said he had been told by the court that he was made out to be the scapegoat for the Coastal Commission in trying to get the City to file its LCP. He explained that he again felt there was a double standard in that he is being asked to pay an environmental tax and a transportation tax to build a restricted project that is meant to eliminate both of those concerns, automobiles and to protect the environment, if he were to build a project where a person lives and works in one place there is a limit on the way it can be rented, there is a business and office aspect built into it, and hopefully people will live and work there and not use their cars, there is a bike shop that rents bicycles and roller blades so that people again do not use their cars, he is trying to do everything right yet is then being taxed for things for those who are not doing things right. He again stated that he could lose everything if this project is not built, he no longer has the ability to borrow more money, to him the LC zone is no longer a dream, rather a nightmare, he can not do this without the City filing the Local Coastal Plan and without complete financial relief from the proposed fees and costs. He said he was told the Plan was expensive to prepare however he felt the $50,000 for parking spaces would go a long way to pay for the LCP, the parking fees could also be used to restore the main entrance to Seal Beach which is the Boulevard, not Main Street, also slow the traffic, he was told also that nothing can be done until there is a designated bike path on that street. Mr. Miller said over the past ten years his time and money have been devoted to seeing this project become a reality, the financial losses were not the result of his actions, said he felt he had played by the rules throughout, the dream was to build a bike shop that would rival the Hard Rock Cafe with displays of bikes and memorabilia that has been collected from throughout the world over the years, yet this can not be accomplished without help. I I 3-24-97 Mr. Brandon Vokomot, Huntington Beach, described himself as a ten thousand mile per year bicycle enthusiast, cited Seal Beach Boulevard as one of the worst roadways in Orange County as far as pavement is concerned, the area unkept with open lots. He stated that because of the coastal problems that have been created that is keeping people from wanting to build and improve this community, the Boulevard a first impression of Seal Beach, I open lots, buildings and apartments that are in need of improvements, and why should they want to make improvements when it takes so much effort to get approvals. He cited traffic speeds as too high for an area with children present, the speed limit should be reduced, a concern was expressed with diagonal parking as well as a bike lane, which he countered that Huntington Beach has had diagonal parking on its Main Street for a long time and you do not see bicycle traffic accidents there. He stated that Seal Beach is a beautiful community yet there have been no improvements along the Boulevard, suggested that it be traveled, at a reduced speed, and that the area be observed, the partial concrete and partial asphalt roadway, cracks nearly an inch wide and expanding, and the unimproved and poorly maintained hodgepodge of buildings. Mr. Vokomot offered that Mr. Miller is desirous of improving his community and it would be appreciated if the Council could assist him. Councilmember Hastings noted the comment that some people have gotten a credit for the park and recreation fee, and suggested that if Mr. Miller is eliminating three apartments and replacing two it would seem there is justification for eliminating the park fee thus reducing his expenses by $10,000, there likely no option to adjust the other fees. Mr. Vokomot brought up the issue of the curb and gutter damage, which he said is basically public rather than private property, Mr. Miller has proof of how I the damage occurred, and inquired why this could not be turned over to the city Attorney to file a suit against Briggeman for the cost of those repairs. The city Attorney responded that the damage apparently occurred in the mid 1980's, there is a statute of limitation of one to five years, if this occurred more recently and there was proof that it was Briggeman Disposal trucks the City could request payment from Briggeman. Mr. Miller countered that the curb, gutter and sidewalk is not his property, it is City property, and questioned why he would report damage to City property. He stated also that it is clear that the City has no right to sell him street parking spaces at $500 each, that proven during the four years of litigation, furthermore, the Coastal Commission, who issued the permit, reduced the scale of the project to one thousand three hundred sixty-seven square feet and required no parking on-site, thus the City has no right to now impose its standards, requiring payment for parking spaces that were not required to obtain the permit. Councilman Brown suggested that this item be continued to the next meeting so that additional information can be obtained, particularly with regard to the in-lieu parking issue as a result of Coastal Commission determinations. with regard to the referenced court decision, the City Attorney suggested that if Mr. Miller has a copy of the decision or ruling that would be helpful. Mr. Miller stated this was a dismissed case I as a result of a procedural error, however offered to provide a copy of the agreement with the Attorney General. Question was raised if the seven in-lieu parking spaces are predicated on the revised or the original project. The response was the revised project. Councilmember Hastings noted that there have been negotiated parking agreements with others, citing the Masonic Lodge project as one, where the parking was reduced because the use was less intense, and asked if reconsideration could be given to the number of spaces required. The Director of Development Services offered to provide additional information, also explained that the parking for the Masonic Lodge was I I I 3-24-97 determined based upon the new land use as opposed to the prior meeting hall use. Councilmember Hastings again asked that the square footage requirement be looked at in terms of the number of parking spaces, the determination of the Coastal commission too, as well as consideration of the park fees in view of the reduction of apartment units. Councilman Brown supported the request for additional information however cautioned against setting a precedent. Mr. Miller asked that the Council do something to expedite the filing of the Local Coastal Plan as his project has been reduced to less than half of what was previously authorized. Brown moved, second by Fulton, to continue this item for two weeks or to such other time that all information can be gathered. With regard to the referenced litigation and proof relating to the in-lieu parking, the City Attorney stated there will be no answer because there is no precedential effect. Councilman Brown offered that if the Coastal Commission says the city can not use its in-lieu parking policy, it is important to have a legal opinion as to how that is to be handled. Mr. Miller offered the name of Peter Kaufman, Deputy Attorney General, San Diego. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried CITY MANAGER REPORTS With regard to the orange County Waste Disposal Agreement recently approved by the Council, the Manager announced that all but three cities have committed to that program, that sufficient for the program to move forward, therefore the city's landfill tipping fees will be reduced from $27.75 to $22 for a period of ten years. He reported the donation of funds for the Library has reached $35,000, the City has been involved in promoting that effort, the Friends and the county are looking to the City for financial participation as well, however reported there are no budgeted funds for that purpose at this time, possibly a consideration for the next fiscal year budget. Inquiry has been received as well as to the city's ability to continue participation in the 4th of July fireworks program, his suggested response would be that that funding will be looked at during the budget process based upon competing needs and financial status. With regard to the budget process that is now underway, the Manager noted a somewhat different approach at the staff level in preparation of the preliminary budget. He pointed out the establishment of a first five year capital improvement program in the current budget where a number of deferred maintenance programs were identified, however due to staff downsizing it has not been possible to get to those projects, therefore the question was whether the upcoming months should be devoted to developing a completely new budget or continue with the program that commenced July 1st and focus on only new purchases or items that were missed, in other words go forward with the current budget for another year with an effort to contain operating expenses at no more than 1.5 percent over what they are now, about half the CPI rate, also give the departments some flexibility to transfer within the line items yet within the operating budget. In regards to the archaeological review for the Hellman Ranch project, the Manager mentioned the postponement of the interviews of finalists for the archaeological design for that property upon being notified that the City should also be working with another Native American Tribe, the Gabrielenos, thereafter a list of approximately six Gabrieleno representatives was obtained from the Native American Heritage Commission and an invitation was sent to each to participate in those interviews, of which it is understood one or two has responded thus far. In response to 3-24-97 Council, the Director of Development Services stated the one gentleman indicated an interest and advised that he has done some work with Long Beach State in their process, another expressed interest however his service would be dependant upon his recovery from some surgery, also clarified that this is for the interview process of the two archaeology firms only, not to serve on the Committee at this point. Councilmember Hastings I expressed some concern in that Vera Rocha is the chief of the Gabrieleno tribe and the procedure is that such matters must be brought before and permission must be granted by the tribal council to serve in such capacity, and suggested that Ms. Rocha or someone else having knowledge of those procedures be contacted before any selection is made to participate in the interview process. The Director noted that the one respondent stated he is the tribal council leader, and that staff will be contacting the tribal council at such time as there are other responses. The Manager said staff will work closely with the Heritage Commission as well. COUNCIL CONCERNS Councilmember Hastings spoke enthusiastically of the springfest parade and Easter celebration this past Sunday, and thanked Mayor Forsythe for her decision to remain on the Council. The other Council members expressed appreciation to the Mayor as well. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Peter Anninos, extended appreciation to Mayor Forsythe from the public access producers as well for her decision to remain on the Council. As to the public access channel, Mr. Anninos stated that channel three would be preferred. There being no further I comments, Mayor Forsythe declared Oral communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, April 14th at 6:30 p.m. to meet in Closed Session if deemed necessary. Councilmember Hastings requested that her absence from the April 14th meeting be excused. By unanimous consent, the meeting was adjourned at 10:20 p.m. lerk and ex-off1c1o of Seal Beach Approved: .d'/)JK~ , yor Attest: I