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HomeMy WebLinkAboutCC Min 1994-04-11 4-5-94 I 4-11-94 to which letters had been sent prior to the election advising of their improper registration was also forwarded to the County Registrar for further action, a list of persons who are known to have moved, are deceased, etc., also forwarded. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Charles l- Antos, 328 - 17th street, suggested that legislation be proposed at the State level to require persons to reregister more frequently. There being no further 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 April 11th, 1994 at 6:30 p.m. to meet in Closed Session if deemed necessary. The meeting was ~djourned at 7:13 p.m. by unanimous consent of the Council. of the Approved: -~~~"\\\, /o~ SEAL 8~1", - ... .... <f:'*'f 'I .: ~ ...t.Oa,o-4-;-. ~'1 --."", -to "'0'. --:.-/11 :i!r.......' . ~ f*:~':~"'~ 10: - Ed ~ . ." -~ \"" a.4el!! .,.. ..~o ~...... ~l ","'Q..o:l, 2'. ''':...~'4.0.# ~ ~.........~..~ '."" OUNl'f ....:P' \\\\"...t I Attest: Seal Beach, California April 11, 1994 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, Doane, Hastings, Laszlo Absent: None Also present: Mrs. Yeo, City Clerk CLOSED SESSION The city Clerk announced that the City Council would meet in I Closed Session in the city Manager's Conference Room pursuant to Government Code Section 54957.6 to discuss negotiations with the employee organizations, the Police Officers Association and the Orange County Employees Association. By unanimous consent, the Council adjourned to Closed Session at 6:32 p.m. The Council reconvened at 7:01 p.m. with Mayor Forsythe calling the meeting to order. The City Attorney reported the Council had met in Closed Session to discuss the matter identified on the agenda and gave directions relating to negotiations with the employee organizations. I I I .' 'ft, 4-11-94 ADJOURNMENT Hastings moved, p.m. second by Laszlo, to adjourn the meeting at 7:02 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried Clerk and e -0 of Seal Beach Approved: _ ./tu- / ~"A$' 0. Mayor ..........,~'''\\\\\\ $""'o~ SEAL 8.JIII - ........ C''''f. '1 :~"" ..c.:O.'OR4;-. ~ ltJ 1';;..'\+ '4""" os. ~ f*: ~\...~ . . ~ 0: :<~ \"'~O o.:il .". ~ .,..:~oOo! -. 0 ~! j1f '" ""Q ..:'. 27. \q~... ~o: h..-~ C" ......... c. "..':-; '''illi OONl'(. .$' \\\\\\"".....~ Attest: Seal Beach, California April 11, 1994 The City Council of the City of Seal Beach met in regular session at 7:06 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers 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 APPROVAL OF AGENDA The city Manager requested that Item "N", approval of specifications and authorization to request bids for Beach Sand Nourishment, Project Number 644, be removed from the agenda to be considered at a future meeting. The City Manager explained that application for this project has been made to the Coastal Commission, scheduled to be heard on Thursday of this week, the Commission staff has recommended approval, however any conditions imposed by the Commission need to be known and incorporated prior to seeking bids. He reported that application for the Army Corps of Engineers permit will be filed tomorrow and is being moved along as quickly as possible with the assistance of the City's legislators, that there has been contact with the Air Quality Management District who indicated they have no problem with the project, the Navy has acted quickly to allow beach access for sand delivery through their property, and input by the State Lands Commission, Wildlife, and Fish and Game will be directly to the Coastal Commission. The Manager noted that the excavation that was to 4-11-94 have begun on April 15th is now being delayed by the Army Corps by about two weeks which allows additional time to obtain approval from the various permitting authorities, however the Army Corps has a forty-five and ninety day public review/comment requirement, therefore depending upon their decision it may be necessary to seek Council authorization to stockpile the sand on the beach prior to the spreading, pending the Army Corps permit. I He mentioned that the estimated cost to spread the sand ranges - from $1 to $1.50 per cubic yard, the screening and cleaning will also involve some cost to assure it is acceptable for beach use, and it is anticipated that all estimates of costs will be more clearly known by next week. The Manager offered that if the approval process goes smoothly the sand could be anticipated sometime between early May into June, delivery estimated by the contractor to be between twenty to twenty-five days, thereafter the sand spreading which must also abide by guidelines for such things as grunion runs, etc. The City Attorney advised that pursuant to amendments to the Brown Act the Council may remove any item from the agenda for separate action at this time, the public having the opportunity to do so now or under the first oral communications. Mayor Forsythe requested that Item "c" be removed from the Consent Calendar, and Councilman Laszlo and a member of the audience requested that Item "J" be removed. Doane moved, second by Brown, to approve the agenda as modified with the deletion of Item "N" and the removal of Items "c" and "J" for separate action. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I WAIVER OF FULL READING Brown moved, second by Laszlo, 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 Mayor Forsythe declared Oral Communications open. Mr. Charles Antos, 328 - 17th Street, spoke to agenda item "J", assistance/support of the Seal Beach Chamber of Commerce Carnival fund raiser to be held May 12th to the 15th on the Naval Weapons Station property. He voiced concern as to the non-prOfit status of the participating organizations, asked if their status is known, and if not, questioned why the City would be assisting this activity where it is not specifically known .that a non-prOfit charter and by-laws exist for those participants. Ms. Sue Corbin, Seal Beach, expressed her opposition to the City assisting the Chamber in their fund raising efforts. Mr. Hal Roberts, member of the Leisure World Lions ClUb, offered a reminder of the Health Fair Expo to be I held on April 23rd at the Rossmoor Shopping Center, sponsored by the American Red Cross, Chevron U.S.A., the Hospital Council of Southern California, Thrifty Drugstore and KNBC-TV, coordinated by the Harriman Jones Medical Group and the Leisure World Lions Club. With regard to the beach nourishment project, Mr. Chi Kredell, 1633 Seal Way, inquired as to the possibility of scheduling a meeting between the City, Moffat and NiChol, and Seal Way residents, to discuss prior recommendations of Moffat and Nichol that have not been implemented. He claimed the existing sand does not drain and pools of water result, a recommendation of Moffat and Nichol had been that certain areas .J I: I 4-11-94 be cultivated by tractor to a depth of approximately three feet to allow the water to percolate, creating drainage, also said if the sand being sought is in fact a larger grain, he suggested that it be placed in front of the sidewalks for better drainage. Mr. Kredell reported that a section of the wall between the sidewalk and sand has been in disrepair for more than two months and needs to be replaced. He commended the efforts of Councilmembers Laszlo and Hastings to obtain replenishment sand. He also made reference to the Moffat and Nichol recommendation that the groin be extended which would lessen the loss of sand from the east beach, however pointed out the need for it's repair as well. Mr. Kredell voiced his opposition to building a substation atop the Lifeguard Headquarters, citing the resulting blockage of ocean view, his preference being police foot patrols. He referred to the proposed detention facility use of the Police Department jail as a detriment to the City, especially if persons are housed for a period up to ninety days. There being no further comments, Mayor Forsythe declared Oral Communications closed. COUNCIL CONCERNS Councilman Laszlo reported complaints with the recently implemented recycling and refuse program, most of the complaints relate to the size and number of containers, the one hundred gallon barrel being difficult to get through gates or into backyards, and even though many people have problems putting the container away they need the capacity to accommodate the recyclable materials. He mentioned as well the amount of greenwaste generated in College Park East where in many cases an additional container is needed yet the residents do not want the extra expense of a second regular refuse container. He suggested possibly allowing residents to transport their greenwaste to the Public Works Yard on specified days, also requested Council suggestions to resolve these problems. Mayor Forsythe acknowledged similar problems for Hill area residents, of which greenwaste is the most significant. As a point of public information she noted the availability of a second recycling container at no cost. Councilman Doane suggested the EQCB address the greenwaste issue, possibly a City compost area. The City Manager offered to discuss these and other concerns with the refuse contractor, reported the recycling coordinator is receiving and categorizing resident complaints, and a compilation of suggestions will be presented to Council for consideration at a future meeting. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "C" - AB 13 (FRIEDMAN) - SMOKING and TOBACCO CONTROL Mayor Forsythe requested that grammatical corrections be made to the letter addressed to Senator Robert Presley, Chairman of the Senate Appropriations Committee, requesting opposition to AB 13 as presently worded. ITEM "J" - CHAMBER OF COMMERCE CARNIVAL Councilman Laszlo requested that there be assurance that all City expenses relating to this activity be fully repaid. The city Manager said he had advised the Chamber that any support from the city would need to be totally reimbursed. He explained that the Navy allows the use of their property when the city is the applicant for the land use permit, the insurance, indemnification, reimbursement, etc. are the responsibility of the Chamber, which is acceptable to the Navy. The Chamber will realize the revenue from the carnival, proceeds from booth activities will go to the specific non-profit group, and explained further that the Navy has extensive criteria for the determination of a non-profit organization, one example being if an organization, at the national level, receives support or 4-11-94 assistance from any Department of Defense Agency they would not be allowed to participate in this activity, the non-profits being allowed to participate include MCGaugh School, the PTA, boosters, etc. that meet the Navy criteria, also, the Chamber does not fall within any category that receives such federal support. He explained that the city is to monitor the organizations, submit a list of those to the Navy who will in ')' ", turn review the organizations as to meeting their criteria. The Manager added that the Chamber has been advised that any policing required for the event will be billed at the same rate as for any other special event, generally off-duty officers compensated at time and a half, Rockwell is allowing parking on their property for which insurance is required to be provided by the Chamber, noted that no services of City personnel have been requested at this point, however the Chamber will be responsible for personnel costs of the City Manager and Police Chief in facilitating the arrangements for this event. with regard to non-profit organizations he explained that cities and school districts are non-profit yet do not have by-laws, that contact with the Secretary of State's office and Franchise Tax Board some time back provided limited guidelines as well as many ambiguities, some organizations are deemed to be non-profit, allowed to solicit contributions, yet are not required to have charters and by-laws, the Internal Revenue Service as well has its own regulations, in this case Navy criteria is being followed. CONSENT CALENDAR - ITEMS "B" thru ilL" Hastings moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented. To a question of Council, the City Manager explained that the bids received for the installation of the electric motor and drive 'I unit for the Bolsa Chica Pump Station came in over the engineering estimate, after which the capabilities of city staff were evaluated and determined that a considerable saving could be realized by performing the work with City personnel. B. Approved regular demands numbered 4923 through 5091 in the amount of $149,762.92 and payroll demands numbered 5875 through 6133 in the amount of $204,968.68 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. E. C. Received and filed the report regarding AB 13, Smoking and Tobacco Control, and authorized the Mayor to sign the letter in opposition as corrected. D. Approved the specifications and authorized the advertisement of bids for the construction of Sidewalk Repair, project Number 643, for fiscal year 1993/94. Bids were received until 2:00 p.m., March 21, 1994 for one 4 x 4 Extra Cab Truck for the Lifeguard Department at which time they were publicly opened by the City Clerk as follows: I Showcase Chevrolet Toyota of Cerritos Case Brothers Toyota $16,809.03 $18,631.05 $18,876.72 Rejected the bid of Showcase Chevrolet for not meeting specifications for the 4 x 4 I I I 4-11-94 Extra Cab Truck and made the award to the lowest responsible bidder, Toyota of Cerritos, in the amount of $18,631.05. Approved the lease extension for use of City-owned real property (Zoeter School site) by Sun 'N Fun Co-Op for the period of one year commencing July 1, 1993 through June 30, 1994. G. Adopted Resolution Number 4296 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING BY AUTHORITY OF SECTION 1010 OF THE CITY OF SEAL BEACH CHARTER THAT THE BOLSA CHICA WELL AND PUMP STATION PROJECT CAN BE PERFORMED MORE ECONOMICALLY BY CITY EMPLOYEES" and authorized staff to proceed with the Electric Motor Installation and Variable Drive Unit Replacement for the Bolsa Chica Well and Pump Station, Project Number 634. F. H. Received and filed the staff report relating to the Preview of the South Coast Air Quality Management District 1994 Air Quality Management Plan, requested staff to monitor the 1994 Air Quality Management Plan development process and provide additional information to the City Council as deemed appropriate, and directed that the report be forwarded to the Planning Commission and Environmental Quality Control Board for information purposes. Proclaimed April 28th, 1994 as "Take Our Daughters to Work Day." J. Authorized assistance/support to the Seal Beach Chamber of Commerce for their Carnival fund-raiser to be held May 12th through May 15th, 1994. I. K. Received and filed the status report regarding the 1994/1995 Community Development Block Grant Application. Approved a request of the West Orange County Coalition of Mayors that the County establish a program in order to grant cities the necessary funds to hire gang intervention specialists. . L. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried DETENTION FACILITY AGREEMENT I NEGATIVE DECLARATION The City Manager reported the jail facility has been in existence since construction of the Police station, has a capacity of sixteen beds and with certain interior modifications can be expanded to a thirty-two bed facility. He noted that prior consideration of modifications, at the expense of the City, to establish an in-house jail operation was not felt to be cost effective even for sixteen beds, however through the proposed private contract the jail can be expanded, at no expense to the city, by the private contractor. He pointed out that since the facility does not exceed the existing building perimeter, the negative declaration is felt to be sufficient. The Manager mentioned that upon an arrest the officers have two 4-11-94 options, to hold the arrestee in the existing, unsupervised facility or transport to Santa Ana, the transportation and personnel costs are borne by the City, and a booking fee is imposed by the County, which increases each year. He explained that the proposal is for operation of the facility as a Type I detention for booking, holding, and transportation to court for arraignment, which is most typically within a period of forty- I' eight hours, upon arraignment there is generally either release or booking at the Orange County Jail, he noted however there could be an occasional situation where an individual would be held up to a maximum of forty-five days. He reported the detention facility would house only low risk minimum to medium security prisoners, examples of offenses would be drunk driving, child support, bad checks, embezzlement involving no weapon or force, yet the City would not be precluded from having an arrestee booked into the Orange County facility, even in the event of a court ordered detention subsequent to arraignment and pre-trial. He mentioned that other agencies looking to utilize the Seal Beach facility are presently either having to transport and book at Orange County, bearing the associated costs, or release, and those agencies anticipate the booking of more individuals through the use of the Seal Beach facility. Being a Type I Detention Facility, the Manager clarified that there will be a supervised area designated for visitation, and given the type of inmate, length of incarceration, etc., access to a law library would be accomplished through transport to Orange County or a local facility. He said meetings would be held with judges to determine the type of prisoners that might be remanded to a facility other than Santa Ana, also each agency that uses the Seal Beach facility would be required to have a separate detention facility agreement in which the terms, conditions, I rates, etc. would be set forth that would be acceptable to this City. The Manager confirmed that the cities listed in the Grand Jury Report as having a Type I facility are currently booking prisoners, that Report also recommending the activation of jail facilities within the communities, Seal Beach being one, as a result of jail over-crowding, release of prisoners, etc. With regard to the background and reputation of the proposed contractor and their ability to meet the standards proposed, the Manager pointed out that the agreement may be canceled upon a one hundred eighty day notice for no cause, if there is a breach of the contract it can be canceled immediately, if there is failure to comply cancellation can be accomplished with a stated cause upon thirty day notice, an additional agreement will be forthcoming to address this city's prisoners, and separate agreements with other cities that wish to participate. He added that reference and background checks of the contractor have been completed, from their contract record it appears they can accomplish this project successfully, the agreement places all liability and indemnification on the contractor, $3 million per occurrence, the budget and cost estimates have been thoroughly reviewed, the term of the agreement is two years with three one year options and again, with the options for cancellation. The Mayor made reference to the detention time of forty-eight hours after booking, however noted other language that could be interpreted as a more intensified length of stay, visitation I rights, etc. that should not be applicable to a Type I facility. The City Manager clarified that the facility is Type I and the intent is forty-eight hour retention although it could go beyond that time period. He explained that any agency booking with this facility will be subject to a per day charge, this opposed to the one time County booking fee whether the person is held three hours or thirty days, the other jurisdictions looking at the per day as being less than the County, therefore forty-eight hours is realistic in that if the hold is seventy-two hours the cost would be equal to that of the County. He mentioned that there is requirement as well for an operations and management I I I 4-11-94 manual in which the city will be involved and have input, those manuals setting forth the specifics and criteria of the entire operation, the City retaining the discretionary right of acceptance of a certain classification of prisoner, veto authority, inspections, etc. He noted the City's Facility Representative will be an appointee of the City Manager and Police Chief, at this time likely the Police Captain. To an example of a minor embezzlement crime sentenced for a period of forty-five days, the Manager confirmed the individual could be housed at the Seal Beach facility as allowed by the agreement in the long term, however not during the first phase of the operation, the first phase to continue until such time as an operations manual is completed and acceptable, and whether judges would allow the option of this facility versus Santa Ana, again dependent upon certain criteria and acceptance by this city. with regard to costs, the Manager stated payments for operations will be under the control of the City, all revenues deposited in a Finance Department special fund designated for this purpose, all expenditures will be made through the City's warrant process as a reimbursement to an expense, revenues are divided on a fifty-fifty basis between the city and the operator, and under the termination provisions should there be insufficient funds to pay remaining expenses the city would contribute as revenue, thus incurring half the cost. He clarified that the $75,000 and greater figure is revenue anticipated from other agencies for use of the facilities, the staff report setting forth the savings anticipated from County booking fees of between $72,000 and $74,000 annually, and mentioned that the saving associated with an officer's time was not estimated. Brown moved, second by Doane, to adopt Negative Declaration 94-2 and the findings as set forth in the staff report, Jail and Sally-Port remodel for the Seal Beach Police Station, and approve the City Detention Facility Operations and Management Agreement between the City and Corrections Services, Inc. Councilman Laszlo said he often finds it difficult to accept such monetary projections, however given the two year term of the agreement he would support the proposal. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried COUNCIL CONCERNS The City Attorney explained that pursuant to amendments to the Brown Act the Council may make brief announcements under this agenda heading, however can take. no action and there can be no discussion. There were no Council Concerns presented. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Ms. Sue Corbin, Seal Beach, questioned a payment to the News Journal for a 10K Run layout and payments of $2,000 and $6,000 to what is described as VRM. She suggested that the warrant list be more descriptive. The City Manager invited Ms. Corbin to contact him the following day to review the subject warrants, noted also that the agenda is posted seventy-two hours in advance of the meeting for information of the public, providing the ability to pose questions prior to the meeting, and the computer system is limited as well as to how much description can be provided. Ms. Corbin objected to the interpretation of the Brown Act by the city Attorney. Mr. Kredell, Seal Way, inquired if the Police Captain will be replaced if he undertakes the Jail Facility Representative duties. The Manager stated this would be a designated responsibility of the Captain to oversee the contract and overall jail operation, if there is inadequate time to do so in conjunction with his other responsibilities then some duties 4-11-94 I 4-25-94 would be delegated to other staff persons. Mr. Kredell likened a white collar crime to any other crime. An explanation was offered that it would be non-violent versus violent crimes. Mr. Kredell claimed the local papers reported retention of prisoners for ninety days also revenue of $150,000, to which he said one, not two, officers could be obtained for that amount. He recalled also the prior use of liaison officers for beach patrol I- during summer months, usually young, capable teachers, suggested that that program be reinstated in lieu of a substation, and posed the example of Bolsa Chica, three miles of beach, patrolled by two lifeguards, with weapons, during the winter. There being no further comments, Mayor Forsythe declared Oral Communications closed. 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, April 25th at 6:15 p.m. The ..et'.. ... adjourned by una' os con~ .'2. p... Clerk and ex-off c~ clerk of the y of Seal Beach Attest: ~~,~""'\, .#"Of SEAL 8"'\1 .: 4. .......~... I, ;' ~ ...t.O&'O.4";"~C". '1, jf t.i .' ,+ '0'. 'So '?! *",1 ~\...~- . . I 0: : <~ 1\", .0 00: iiJ "...~ ,.'.~i:# ,,,.,..,.....0.,..7 ,..'........0; .l~....... <<. .' ~.:: "" ~ ........ ..~ ~ 0(1NT'f . c. ,G'" \\\\\~~ I Approved: Seal Beach, California April 25, 1994 , '.' The regular adjourned meeting scheduled for 6:15 this date was cancelled due to the lack of Closed Session items requiring discussion. HIS~h day of April, 1994. e~L,t? of Seal Beach I' Seal Beach, California April 25, 1994 The City Council of the City of Seal Beach met in regular session at 7:01 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag.