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HomeMy WebLinkAboutCC Min 1993-11-08 10-25-93 I 11-8-93 ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION No Closed Session was held. ADJOURNMENT I It was the order of the Chair, with consent of the council, to adjourn the meeting until Monday, November 8th, 1993 at 6:00 p.m. to meet in Closed Session if deemed necessary. The meeting was adjourned by unanimous consent at 7:54 p.m. "'~~'Cf)JJ? 1erk and ex-off of Seal Beach the Attest: Approved: Seal Beach, california November 8, 1993 I The regular adjourned meeting scheduled for 6:00 p.m. this date was cancelled given the lack of Closed Session items requiring discussion. M. Yeo, city of Seal Beach of !ove~b" 1993. C~o Seal Beach, California November 8, 1993 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: I Mayor Forsythe Counci1members Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Bankston, city Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development services Mrs. Yeo, City Clerk I I I .,. ..",I .....~ 11-8-93 WAIVER OF FULL READING Doane moved, second by Hastings, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS There were no Oral Communications. COUNCIL ITEMS No Council Items were presented. CONSENT CALENDAR - ITEMS "A" thru "K" A member of the audience requested Items "F" and "G" be removed from the Consent Calendar, Councilmember Hastings requested that Items "E" and "K" be removed, and Councilmember Laszlo requested Item "c" removed. The City Manager corrected a typographical error in Item "G" to reflect the date of October 1, 1993 rather than 1994. Hastings moved, second by Laszlo, to approve the recommended action for items on the Consent Calendar, except Items "C, E, F, G, and K," as presented. A. Approved the minutes of the October 25, 1993 regular adjourned and regular meetings. B. Approved regular demands numbered 3646 through 3774 in the amount of $363,847.33 and payroll demands numbered 4056 through 4232 in the amount of $257,031.51 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. D. Received and filed the status report relating to proposed Rule 1504 (Backstop Rule) for Local Government - South Coast Air Quality Management District, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information. Proclaimed November 13th through November 20th, 1993 as "Scouting For Food Good Turn Week." H. 1. Compensation/benefit plans for City employees for the term ending March 31, 1994 were approved by the adoption of: Resolution Number 4268 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH POLICE OFFICERS' ASSOCIATION AND REPEALING ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH;" and Resolution Number 4269 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE ORANGE COUNTY EMPLOYEES' ASSOCIATION AND REPEALING 11-8-93 ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH;" and Resolution Number 4270 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, A CHARTER CITY, ESTABLISHING A COMPENSATION PLAN, INCLUDING SALARY AND BENEFITS, FOR MANAGEMENT, CONFIDENTIAL AND NON-REPRESENTED EMPLOYEES AS WELL AS PART-TIME EMPLOYEES AND REPEALING ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolutions Numbered 4268, 4269 and 4270 was waived. I J. Amendments to the Public Employees Retirement system (PERS) contract to provide medical coverage for the orange County Employees Association (OCEA) and non- represented employees were approved by the adoption of: Resolution Number 4271 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT TO MEMBERS OF A SPECIFIC EMPLOYEE ORGANIZATION AND FIXING THE EMPLOYER'S CONTRIBUTION FOR EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS" (Management, Confidential and Non-Represented); and Resolution Number 4272 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT TO MEMBERS OF A SPECIFIC EMPLOYEE ORGANIZATION AND FIXING THE EMPLOYER'S CONTRIBUTION FOR EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS" (Orange County Employees Association). By unanimous consent, full reading of Resolutions Numbered 4271 and 4272 was waived. I AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "c" - REPORT - HOUSING ELEMENT REVISION - TIME EXTENSION Staff explained that as a result of the State budget process legislation was recently approved extending the mandated revision of existing housing elements from June 30, 1994 until June 30, 1996. It was explained however that the extension does not I preclude the Council from amending the Housing Element in the interim, an example would be the adoption of the Aviation Element into the document once it is presented. It was noted that the previously adopted Housing Element was forwarded to the State several months ago, to which no response has been received to date, and confirmed that any amendment to that Element must be submitted to the State for review. Brown moved, second by Laszlo, to receive and file the staff report and directed that it be forwarded to the Planning commission for information purposes. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I I I ,.;". "f . I . ,.:~.'" i,,-. . 11-8-93 ITEM "E" - REPORT - COAST OF CALIFORNIA STORM AND TIDAL WAVES STUDY - ORANGE COUNTY As a point of information, the City Manager reported that with the completion of the initial survey, storm and wave testing is now being done on a daily basis throughout the entire Orange County coastline, data collection to continue for a period of twelve months, the information to subsequently be compiled and result in a finalized report in about two years. He noted that the focus of study is primarily on the San Gabriel and Santa Ana rivers to determine which direction the sands are deposited or further eroded, the Corps of Engineers is working with the County, and lifeguard personnel of the coastal cities are providing the actual data collected on a daily basis. with regard to a concern expressed as to the small amount of sand remaining on the easterly beach, separating the ocean from the residential frontages, the Manager confirmed ongoing efforts with the Army Corps and the Department of the Navy to determine the schedule of sand replenishment for Surfs ide at which time there may be an opportunity to do some replenishment on the east beach, that soil testing within Anaheim Bay has been scheduled as well in order to analyze whether there are pockets of good sand that would be suitable for the beach. councilmember Hastings expressed appreciation to the Development Services Director for his efforts in compiling background data relating to the beach sand erosion problem and to captain Hempe, formerly of the Naval Weapons station, for his efforts on behalf of Seal Beach in Washington, D. C. It was noted that the cities identified on the Corps bulletin have participated financially in the coastal study, where Seal Beach chose to utilize its lifeguard staff to collect data rather than make a financial commitment. Hastings moved, second by Brown, to receive and file the staff report and directed that it be forwarded to the Beach Commission and the Environmental Quality Control Board for information purposes. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "F" - AGREEMENT - LEGAL SERVICES Ms. Sue Corbin, Seal Beach, requested a review of the fee provisions of the agreement, suggested that legal costs should be reviewed on a regular basis, a service she claimed is provided at no charge by the State Bar Association, and questioned if the City would be paying a fine that she claimed was recently imposed on the law firm for a late court appearance. The City Manager responded that no such payment would be made, and explained that a judge had imposed the fine because he wanted the attorney that would be involved in a trial to be present even though a representative of the firm was in attendance, that being a result of conflicting commitments. The Manager advised that the Agreement provides for a base retainer of $13,500 per month for one hundred hours of service, prosecution services to be provided at $125 per hour, with defense litigation at the hourly rate of the attorney or attorneys providing those services. He explained that in working with the city Attorney over the past two years monthly legal expenses have been reduced by several thousand dollars even with the provision of legal representation to the Planning commission, and upon surveying ten cities in the northwest Orange County area the hourly legal rates were either equal to or greater than those provided by the proposed Agreement. He offered to look into the suggested State Bar review of fees. Brown moved, second by Laszlo, to approve the Agreement for legal services by and between the city of Seal Beach and the law firm of Richards, Watson & Gershon, a profession corporation. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried 11-8-93 ITEM "G" - PARKING PERMIT AGREEMENT - BUSINESS ASSOCIATION Ms. Sue Corbin, Seal Beach, inquired if parking permits are available to non-Business Association members as well, and if the sticker is moveable. The City Manager advised that parking permits are.available to any Main Street merchant whether or not they are a member of the Association, the cost of which is $40 per year, the Association pays the city dir~ctly for one hund~ed I stickers that are available to their members, allows parking 1n the municipal lots on a first come basis, also the sticker is applied directly to the vehicle and is not moveable. Ms. corbin claimed to have knowledge that the stickers are moved between . vehicles and that the sticker can be used for Main Street park1ng without citation. Brown moved, second by Laszlo, to approve the Parking Permit Program Agreement by and between the City and the Seal Beach Business Association and authorize the city Manager to execute same on behalf of the city. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "K" - PRIMARY MUNICIPAL ELECTION - MARCH 29. 1994 The city Manager explained that the documents listed as agenda item "K" relate to the Primary Municipal Election to be held on March 29th, 1994 and do not pertain to the campaign reform matter yet to be considered. Laszlo moved, second by Hastings, to waive full reading and adopt the following documents relating to the upcoming Primary Municipal Election: Ordinance Number 1378 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A PRIMARY MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 29, 1994, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF SEAL BEACH; " I Resolution Number 4273 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A PRIMARY MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 29, 1994;" Resolution Number 4274 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATE FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT THE PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 29, 1994;" and Resolution Number 4275 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ORDERING THAT THE CANVASS OF THE PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 29, 1994, BE MADE BY THE CITY CLERK." AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - RESOLUTION NUMBER 4276 - HOUSING/COMMUNITY I DEVELOPMENT BLOCK GRANT PROGRAM - YEAR 20 Mayor Forsythe declared the public hearing open to consider participation in the Housing and Community Development Block Grant Program, year twenty. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received either for or against this item. The Director of Development Services presented the staff report and reviewed the eight projects recommended for consideration by the Citizens Participation Committee totaling $365,000. The Director noted that Interval House will henceforth be making application for funding directly to the County rather I I I ". "iI~ '" *li<~' f ~I : 11-8-93 than through the application of the city, yet remains on the city's list as the highest priority for consideration. He pointed out that traditionally the City's funding has been approximately $50,000 per year with the exception of last year where $130,000 was granted, and although it is not anticipated that all of the projects will receive approval, the Committee felt the projects were viable and should be included on the City's priority list. with regard to the Youth Aftercare program, the Director explained that the funds approved through the prior year's application are just now becoming available, those funds will come to the City, allow the hiring of personnel to conduct the after-school/summer program through the Recreation Department for low and moderate income children, and noted that the Committee has requested an increase of funding for that program from $10,000 to $25,000. The Director confirmed that alley improvement projects are generally approved on an every other year basis. There being no public comments, Mayor Forsythe declared the public hearing closed. RESOLUTION NUMBER 4276 - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - YEAR 20 Resolution Number 4276 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE (YEAR XX)." By unanimous consent, full reading of Resolution Number 4276 was waived. Brown moved, second by Hastings, to adopt Resolution Number 4276 as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - PROPOSED ORDINANCE - DEVELOPMENT AGREEMENT - 212 MAIN STREET - KYLE/KLISANIN Mayor Forsythe declared the public hearing open to consider a Development Agreement for the conversion of an existing structure from assembly hall to a mixture of retail and office uses on a commercially zoned lot, 212 Main Street, owners/ applicants Brian Kyle and Jim K1isanin (Variance 93-1). The City Clerk certified that notice of the public hearing had been advertised and mailed as required by law, and reported no communications received regarding this item. At the request of the City Manager, Brown moved, second by Hastings, to continue this public hearing until the November 22nd meeting. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CITY MANAGER REPORTS ORDINANCE NUMBER 1377 - ELECTION CAMPAIGN REGULATIONS Ordinance Number 1377 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADDING CHAPTER 1B TO THE CODE OF THE CITY OF SEAL BEACH, REQUIRING ADDITIONAL CAMPAIGN FINANCIAL DISCLOSURE FROM CANDIDATES FOR CITY COUNCIL AND COMMITTEES IN SUPPORT OF OR OPPOSING SUCH CANDIDATES AND COMMITTEES SUPPORTING OR OPPOSING BALLOT MEASURES, LIMITING THE AMOUNT OF CAMPAIGN CONTRIBUTIONS IN CITY COUNCIL CAMPAIGNS, AND ESTABLISHING A VOLUNTARY CAMPAIGN EXPENDITURE CEILING FOR CITY COUNCIL CANDIDATES." By unanimous consent, full reading of Ordinance Number 1377 was waived. The City Manager recommended that the ordinance receive second reading, be adopted, and should amendments thereto be desired that they be referred to the City Attorney for review, with consideration of adoption at a future meeting. Ms. Reva Olson, Seal Beach, inquired if the suggested amendments to the ordinance from Ms. Shirley Grinde1 of Tin Cup had been forwarded to the 11-8-93 City Attorney and questioned their not having been incorporated. The city Manager confirmed that the suggestions had been submitted to the Attorney and explained that it would have been inappropriate for staff to make such changes without Council direction to do so. The City Attorney made reference to the Grindel suggestions that 1) the period allowed for contributions should be limited to between six months and one week before the I election: 2) the campaign regulations/limitations should be applied to the position of city Clerk as well: and 3) the there should be an assurance that a corporation could not circumvent the $250 cap by having its officers make individual contributions. The Attorney explained that some provisions of the draft ordinance will apply to initiative, referendum, recall and city measures, however other provisions will not, as an example the courts have ruled that a cap can not be applied to initiative and referendum yet have allowed additional disclosure and lower thresholds. He noted that the ordinance as proposed prohibits contributions during the last week prior to election, that a limitation of contributions to the six months prior has been done in other cities and although the six month period has passed for the upcoming city election it could be applied to future elections: pointed out that applying the regulations to the city clerk would be legally acceptable however that position is not due for election for more than two years and a different financial cap may be desirable in that the Clerk is a citywide election: and that the $250 cap for corporation contributions could be considered as an amendment. Council indicated intent to follow the $100 threshold as provided by state law. The Attorney stated his understanding that prohibiting the transfer of funds has been ruled unconstitutional. To a requirement for disclosure of a contributor's occupation and employer, it was noted that has been found to be nearly impossible to enforce in other cities, I however Council indicated that such requirement is desired. The City Attorney recommended approval of second reading of the Ordinance as proposed so that it will apply to the upcoming election, and given the indicated direction of the Council, an amending ordinance can then be prepared to address aggregate contributions, contributor occupation and employer, restriction of campaign funds solicitation to six months prior to an election, applicable to future elections, and review further the issue of transfers. He acknowledged the indication of the Council to postpone for the time being applying the regulations to the City Clerk position, and agreed to forward the draft amending ordinance to Robert stearn and Shirley Grindel as requested. Hastings moved, second by Laszlo, to waive full reading and adopt Ordinance Number 1377 as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 7;56 p.m. The Council reconvened at 8:05 p.m. with Mayor Forsythe calling the meeting to order. Again with regard to the campaign reform ordinance, the Attorney explained that in the case of spousal contributions each would be I allowed to contribute up to $250, however in the event that both names appear on a check the identity of the contributor must be designated. Mentioning the Orange County cap on aggregate contributions of $1,000 he questioned whether that applied to individuals as well. REFUSE FRANCHISE AGREEMENT AMENDMENT I RESOLUTION NUMBER 4277 - RESIDENTIAL RECYCLING PROGRAM The City Manager reported that the proposed first amendment to the Franchise Agreement between the City and Briggeman Disposal will provide for the initiation of a curbside recycling program, I I I "'" f Ji'if ~. 11-8-93 the initial phase covering the residential areas of College Park East, College Park West, the Hill, Riverbeach and Bridgeport, commencing February, 1994, the second phase commencing in the Old Town area in July, 1994, and recycling for the commercial areas thereafter. He noted that regular refuse collection will be reduced from twice to once per week, recyclables collected every other week, the reduction of collection costs allowing the financing of automated containers and implementation of curbside recycling without an increase of rates. He reported that the program under consideration would provide two one hundred gallon containers to each residential unit, one for refuse and one for recyclables. The Manager noted minor amendments incorporated into the Agreement, Section 3.5-A-2, Exclusive Right, provides language to clarify that recyclables placed at the curbside in the container are the product of Briggeman in his collection process, the language important with regard to scavenging and enforcement; Section 3.5-A-3, language to require that each container shall have wheels mounted thereon; and section 29, language to clarify that the amendment runs with the full term of the franchise, and that the contractor is liable only for refuse collection during the term of the franchise, that in the event the State were to claim, sometime after the expiration of the franchise, that the City did not meet its required percentage of waste reduction and the contractor assuming that liability as the hauler during that specific time frame of the franchise. The Manager pointed out that in preparation for the program the contractor will be responsible for educational programs, meetings with homeowners and community groups, operation of a recycling hotline to answer questions and provide information, purchase and distribution of containers, and retrofit of the collection vehicles for the automated collection. He mentioned as well that if an additional container is desired it will be made available at a rate of $8 per month, and until such time as the County provides accommodations for green waste it will be disposed of with the regular refuse. The Manager clarified that the areas subject to this refuse collection/recycling program are specifically set forth in section 3.5 of the Amendment, also the reference to placing the containers curbside in the public right- of-way in itself excludes the area of Leisure World. A concern was expressed with the size of container proposed, suggesting sixty gallon instead, as well as concern with their color. Ms. Jamie Herbon, solid waste/recycling coordinator, advised that the recycling container is generally green however there are a number of container color choices. The Manager advised that Oakwood Apartments will be included with the commercial program or phase two, Surfs ide, Leisure World, and the Naval housing are serviced by other private contractors, and noted the City Attorney has been looking at the penalty aspects of AB939, analyzing the cost to the City relative to the private communities and whether there is a necessity to impose a fee in that regard, the impact of the Naval Station/housing being looked at as well to determine the city's latitude relative to that federally owned land. with regard to the reporting requirements, Ms. Herbon said the first monitoring report required by the State will be due in October, 1994, the outline for which is anticipated in December, 1993, and the reports of other cities thus far being very specific by commodity on a day to day basis. The Manager added that Leisure World is providing the data necessary for reporting purposes which shows a diversion of about thirty-eight percent, the haulers for Surfs ide and the Navy have been advised of the information that will be needed inasmuch as the city is obligated to and accountable for a twenty-five percent diversion by January, 1995, that percentage based upon 1990 collection data. It was noted that scavenging does impact the program in that the return from the sale of the commodities is reduced, also that the District Attorney will not file on a misdemeanor violation for scavenging therefore staff is looking to change that penalty to 11.-8-93 an infraction where a citation can be issued. Ms. Harbon advised that the contractor will provide a list of materials that are recyclable and those that are not, as well as items determined to be household hazardous waste, and noted that there are currently only three hazardous waste disposal sites for the entire County, another soon to open in Irvine, and encouraged the use of the Huntington Beach facility so that the need for more sites will be I recognized. The City Manager offered that as of December, 1992 there were fifteen orange county cities that were moving to implement curbside recycling, five of which were using/proposing a MRF program. Mr. Briggeman advised that curbside hazardous waste pickup is cost prohibitive, liability insurance and the requirement to be a hazardous waste transporter as examples, and confirmed that the county will not authorize more hazardous waste sites until there is a greater use of those that exist. Ms. Herbon added that there have been no household roundups nor Fire Department collection of hazardous materials since permanent disposal sites were established, paint and used motor oil the most common hazardous materials. Mr. Briggeman confirmed that collection days will be changed, calendars will be distributed Showing the schedule, complaints with the program are generally resolved within a few weeks, advised that each container has an identification number and is logged by address, and that sixty gallon containers are furnished the townhomes and condominiums as they do not generate greenwaste. Sol John, 12th street, said locked containers are used in Beverly Hills which reduces the incidence of. scavenging. The city Manager recommended further minor changes to the Amendment, section 3.5-A-l, to read "...in the Hill/Marina District..."; section 3.5-A-2, line ten, to read "...sale or disposal of such source-separated recyclables;" and section 3.5- I A-3, third sentence, to read "...Recycling containers shall be uniform, have wheels, have a capacity of one hundred (100) gallons for all areas except Bridgeport and Riverbeach where sixty (60) gallon containers will be used." Hastings moved, second by Doane, to waive full reading and adopt Resolution Number 4277 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH RELATING TO A RESIDENTIAL RECYCLING PROGRAM AND RATES AS AUTHORIZED BY CHAPTER 10 OF THE CODE OF THE CITY OF SEAL BEACH" approving a mUlti-phased Residential Recycling Program as set forth in the staff report dated November 8, 1993, and approving the First Amendment to the Franchise Agreement as amended. Ms. Corbin, a member of the audience, inquired as to the expiration of the franchise and the amendment thereto. The city Manager advised that the remaining term of the franchise is about seven and a half years and the amendment coincides with the franchise agreement term. Ms. Corbin requested an amendment to assure that refuse collection will be put to bid upon expiration of this franchise, inquired why the City is not sharing in the revenue generated from the commodities, if Surfs ide and Leisure World have separate contractors because they are closed communities, could Riverbeach do likewise, and what happens if a I container disappears. The City Manager stated that the City realizes benefit from the sale of the commodities through the reduction of operational expenses, the collection of commodities create an impact with the liability of storage, warehousing, etc., particularly given the current market; acknowledged that the referenced areas of the community having other contractors are closed communities however also have private streets and do not use the public right-of-way for the collection of refuse therefore do not fall under the franchise; if a container is stolen it will be replaced at no cost, however if losses were to continue the City would likely intervene in cooperation with the .1 .1 I ., '" .. ~ .!;: 11-8-93 contractor; the first phase container cost is approximately $300,000, an obligation of the contractor who will absorb that cost by implementing an automated system on a once a week basis; and there is no increase to the refuse fee at this time. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried Councilman Laszlo inquired as to the cost for a twice a week collection for certain areas. The City Manager offered that if the City were to go back to a twice per week collection it would need to be done in a broad area otherwise routing problems would be realized, and taking into account the cost of containers and automation spread over a period of about sixty months for three thousand homes the per household monthly rate would increase about $2.50. with regard to early morning trash collection noise complaints, Mr. Briggeman stated their service is now commencing at 7:00 a.m. rather than 6:00 a.m. COUNCIL CONCERNS Recalling the Council direction at the last meeting in support of Mr. Wedda as the representative to the SCAQMD, Councilman Doane reported the nomination failed to receive the required two-thirds majority vote at the recent League meeting, was then postponed and continued to a future meeting. He requested further discussion and direction of Council should a similar voting situation occur again. Council agreed that this matter be placed on the agenda for discussion for the first meeting in January. Councilman Laszlo reported the soccer groups using College Park continue to use two fields, exceeding what is permitted by agreement. Noting the passage of the half-cent sales tax measure, Councilmember Hastings expressed desire that plans for a downtown police substation go forward given the understanding that there are funds to proceed with the plans. To that, she also mentioned that another assault occurred on the pier this past Thursday. Councilmember Laszlo mentioned a two-man kiosk being used in San Francisco as a substation. Councilmember Hastings said it was her understanding that staff is working on the concept of the use of an intercom for the Jack-In-The Box, McDonalds, etc., and inquired as to the status of the groin repair. The City Manager reported receipt of an updated report from Moffit and Nichol which he offered to provide Council the following day. Councilmember Hastings once again praised the Founders Day Celebration, expressed pleasure at having been able to formally dedicate the greenbelt to the City, and offered a suggestion that that area be renamed "Pathway Park." Mayor Forsythe referred to a recent news article relating to fire dangers at Gum Grove Park to which she clarified that the City had taken precautions, the Park had been watered via the water truck, and advised that in the future the gate to Gum Grove will be locked to bar public access in the event of Santa Ana winds. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Sol John, 12th Street, complained of public disposal of trash and garbage in the vicinity of the pier; understanding that crews are scheduled to repair the pier between Thanksgiving and New Years he suggested the pier planks just be nailed down. Dr. David Rosenman, 8th Street, suggested there be a timely review of the Disaster Preparedness Plan with recommendations made for public awareness. Mr. Mario Voce, Catalina Avenue, inquired about the recycling process for various types of batteries, christmas trees, etc., and suggested backyard composting only with Fire Department advice as to how it can be done properly. Ms. Herbon said there has been an encouragement for retailers to accept back used batteries, manufacturers are also attempting to develop batteries that are not hazardous waste or are recyclable, however at this 11-8-93 I 11-22-93 point in time they are simply placed in the trash. It was clarified that there will be a recycling program for christmas trees, and that phase one of the recycling program is scheduled to commence in February, 1994. There being no further comments, Mayor Forsythe declared Oral Communications closed. As a point of information, the City Attorney advised that the I Orange County campaign regulations limit spousal contributions to $1000 unless they have separate property, at this point the Seal . Beach regulations will remain at $250 each. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, November 22nd at 6:00 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent at 9:21 p.m. ~ of the Approved: Attest: I Seal. Beach, California November 22, 1993 The regular adjourned meeting scheduled for 6:00 p.m. this date was canceled as there were no Closed Session matters to be discussed. DA~THIS 2}ra d~~ November, ~~~~e~erk ~tY of Seal Beach 1993. Seal Beach, California November 22, 1993 I The City Council of the City of Seal Beach met in regular session at 7:05 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag.