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HomeMy WebLinkAboutCC AG PKT 2003-12-08 #E y M ' • Seal Beach, California September 22, 2003 The•City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Antos, Doane, Larson, Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney • - Mr. Dancs, Director of Public Works/ _ • City Engineer Mr. Vukojevic, Deputy City Engineer Ms. Arends -King, Director of Administrative Services Chief Cushman, Lifeguard Department Mr. Cummins, Associate Planner Ms. Yeo, City Clerk APPROVAL OF AGENDA Councilman Doane requested Item "P" removed from the Consent Calendar for separate consideration, and Councilman Antos requested Item "N" removed for the purpose of his abstention from voting on the item. Councilman Yost moved to table Item "X ", the proposed resolution to restructure the Department of Water and Power Advisory Committee. Councilman Larson seconded the motion. Councilman Antos inquired as to the time frame to table that matter. The response of Councilman Yost was at least until a completed application is submitted and until someone provides some evidence as to why the Committee should be reconvened inasmuch as the application is not complete at this point, his understanding is that the DWP property was purchased and the owners now want to change the use of that property, yet a legislative decision was previously made as to what was proposed for the property which is well known. Councilman Antos clarified that this item is consideration of restructuring the membership of the Department of Water and Power Advisory Committee. AYES: Antos, Larson, Yost NOES: Campbell, Doane Motion carried Larson• moved, second by, Doane, to approve the order of the agenda as revised. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ANNOUNCEMENTS Mayor Campbell mentioned that the City recently repaved a portion of Seal Beach Boulevard from St. Cloud to the on- ramp of the 405 Freeway, to that a number of people were - Seal Beach, California November 10, 2003 The City Council of the City of Seal Beach met in regular_ session at 7:00 p.m. with,Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Antos, Doane, Larson, Yost Absent: None • Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr.•Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works /City Engineer Chief Sellers, Police Department Ms. Arends -King, Director of Administrative Services Mr. Vukojevic, Deputy City Engineer Ms. Yeo, City Clerk APPROVAL OF AGENDA Doane moved, second by Yost, to approve the order of the agenda as presented. - 'AYES: Antos Campbell, Doane, Larson, Yost NOES; • None Motion carried • - PRESENTATIONS ORANGE COUNTY GRAND JURY Ms. Barbara Parks introduced herself as a resident of Seal Beach and a member of the 2003/2004 Orange County Grand Jury, announced that November is Grand Jury Awareness Month which starts the recruitment process for the 2004/ 2005 Grand Jury. Ms. Parks said most people think of the Grand Jury as only bringing criminal indictments, however the criminal aspect is only a small part of Grand Jury duties, it also has a civil function to act as a watchdog for County government, committees are created for each Grand Jury and are responsible for studying and investigating aspects of the County government, special districts and municipalities, the current committees are Administrative Agencies, Criminal Justice, Environment/ Transportation, Human Services, Juvenile Services, and Special Issues /Continuity. She noted that the Grand Jury issues a report with findings and recommendations, the appropriate agencies, Board of Supervisors, etc. are required to • • respond to the recommendations, and at the end of the term each Grand Jury publishes a final report that is available to the public at libraries, universities, and on the Court's web site, other responsibilities include the inspection of jails in the County, representing the public at coroner review boards, and following through with citizen complaints. Ms. Parks mentioned that being on the Item E Page Two - City Council Minutes - november 10, 2003 Grand Jury is a full time job however one that she has found to be educational and interesting, many high ranking County officials make presentations to the Grand Jury, the Jury goes on tours such as the County Emergency Operations Center, landfills, etc., the Jurors are paid $50 per day, mileage, and free parking at the courthouse in Santa Ana. Ms. Parks advised that application for the 2004/2005 Grand Jury are due January 16, 2004, a mandatory orientation meeting will be held January 29th, the screening process commences in January and continues through May, for the current Grand Jury there were about two hundred forty applicants, from that pool ninety persons were selected to be interviewed by judges and to undergo background checks by the Sheriffs Department, from that process the pool was narrowed to thirty, there was then a lottery drawing to select the nineteen Grand Jurors and three alternates, those persons then go through a mandatory orientation process through June. Ms. Parks provided copies of Grand Jury and applications for anyone interested, as well as the web site and telephone number for further information. ORAL COMMUNICATIONS Mayor Campbell-declared Oral Communications to be open. Ms. Emily Allebaugh- Frazier, 13th Street, made mention of the fact that it is only four weeks until the Christmas parade, recalled that last year the staging area on Ocean was fairly well lit however once a group went from the pier onto Main Street it was dark, gloomy, and unlit, the tall overgrown trees blocked out the street lights, there were no sparkle lights in the trees, so instead of being a joyful event it was quite gloomy, it must have been difficult for the hundreds of families and children to see the parade, and for the entries who had come out in the spirit of the holidays to entertain the children. Ms. Frazier asked if the holiday lights would be hung in the trees this year, last year the answer was no money, it costs too much, her understanding is that the electricity is provided by the individual merchants and some new lights had been purchased, to that she said if the City can not afford to have City employees put up the lights would it be possible for the service groups or merchants themselves to hang the lights. Ms. Frazier requested that consideration be given to having the lights again placed on Main Street as the Holiday Parade is one of the things that make Seal Beach such a unique little town. Mr. Richard Whitehair, Huntington Beach, former and soon to be Seal Beach resident, said for the record he had some follow up comments regarding the gallons of glue used during the recent Sand Castle Festival, not buckets as reported by the Sun and Press Telegram newspapers. Mr. Whitehair said he wondered why there was no immediate testing of the large sandcastle with the glue on it, the Manager and Police Chief knew of his concerns prior to the last day of the event, he feels that sand removal may not have been necessary if action had been taken earlier, he did not suggest removal yet he is not surprised to see it hauled away, he feels that an independent study would have been warranted early on, a sample from the top or sides, not after it had been trampled for a whole month. His understanding is that apparently the Chamber is paying for Page Three - City Council Minutes - November 10, the sand removal yet why is it that the company that initially applied the glue is not liable, why was it no permits were arranged for using glue on the sandcastle,- why was it that the City and Coastal Commission were not informed prior to the use of a foreign substance being applied to the beach, and why no fines were assessed for using this substance in and on the beach without prior approval. Dr. Brad Glowaki, President of the Chamber of Commerce, stated his desire to clarify some of the events that went on leading up to and during the Sandcastle festival, there have been comments that have been brought to his attention with regard to the glue that had been used, there have been some concerns from the community, to that he was present on behalf of the Board of Directors of the Seal Beach Chamber of Commerce as well as the general membership and the Save Our Beach group. He said the spirit of the Sandcastle event was to raise money, fifty . percent of which would go to a nonprofit organization, the Save Our Beach Foundation, for removal of toxic substances, litter, garbage, whatever comes down the River, they have done a wonderful job, his personal opinion is that they are saving the City money because the volunteers go into the River and jetty at least once a month, they rent boats, pull large amounts of trash from the River before it reaches the beach, it is a good will gesture to the City, it was hoped the Chamber would host an event where the proceeds would go to a great cause such as that, the Chamber puts money up -front to organize the event, raise the money and basically give it back to the community. Dr. Glowaki acknowledged that glue was used on portions of the sandcastle, it was a diluted version of children's Elmers glue, research showed it to be a eatable form of glue used in elementary schools across the country, the spirit of this event was in no way to harm the beach, it was the opposite, thousands of dollars have been raised and donated just for the cause to clean the beach and keep it clean, his understanding is that there are other environmental groups in the community that use the beach for the same purposes, Trees for Seal Beach does something very similar, those are great causes, he represents a group of people who think of themselves as leaders in the community and put in their time and effort to volunteer and raise these funds and eventually give it back for the betterment of the community. He stated that the purpose of the Chamber of Commerce is to bring these types of family events to town to lure people to the charm and greatness of the community, to also keep this a thriving business community, the thought behind hosting these events is to showcase Seal Beach, bring their business back to stroll Main Street and enjoy the kinds of things that are here that make it unique to Southern California. Dr._ Glowaki stated that unfortunately some events have unfolded, some truths have been twisted, and this has come to a point where the Chamber feels it needs to step up again, and he was present to make a donation from the Chamber in the amount of $4,500 for the removal of the sand, that is fifty - percent from the _Chamber and fifty percent that was intended to be donated to the Save Our Beach Foundation, this is a goodwill gesture, he does not want it misconstrued in any way that this is an admission of guilt, he has personally read the microbiologist report which states this is a nontoxic Page Four - City Council Minutes - November 10, 2003 substance, the sand is not polluted in any way, there was only trace amounts of the diluted glue that was used on just portions of the sand, and it was only the main castle, not the surrounding castles. Dr. Glowaki noted that the • Chamber of Commerce was present, the Chamber looks forward to doing this event next year, the Chamber has tried to improve the betterment of the community, keep the harmony in town as well as provide family fun events, and the money raised is generally given back to the community, the Thanksgiving Dinner is coming up to feed the homeless, the Christmas parade is coming in December, those are Chamber events, they are not inexpensive, there is considerable help from other nonprofit organizations, and it was felt important to clear the air on this issue, it is understood that the City has determined to remove the sand, the Chamber feels it should pay for the removal without there being any finger pointing or having this taken out of proportion. Dr. Glowaki presented the check on behalf of the Chamber of Commerce. Mr. Kent Trollen, Sandcastles Unlimited, inquired if the Council had received his letter dated September 18th which explained some of the things that happened during the Sandcastle Festival, being the expert he was present to answer any questions that the Council may have with regard to what transpired during the event. In response to the Mayor the City Attorney explained that the Brown Act prohibits any dialog, any discussion, if there are questions they could be directed to staff for review, however if there are merely a couple of questions they can the posed to the speaker provided it does not turn into a discussion. Mayor Campbell inquired if the amount of glue was just for the Seal Beach event or was it also for the Huntington Beach event, to that Mr. Trollen responded that the glue delivered was for both events, his recollection is that it was ten gallons from Ganahl Lumber, the original order delivered approximately Wednesday was the wood glue and when he saw it he said it was the wrong glue and needed to be returned, it was and the other glue picked up, and if documentation of that is needed he would provide it, it needs to be keet in mind that the glue was for both events as they were only a month apart. Mayor Campbell asked if any wood glue was ever opened and used on the beach, the response of Mr. Trollen was no, the Mayor then noted that what was used was the nontoxic white school glue, and to that Mr. Trollen stated he has used that glue for twenty -three years internationally. The Mayor said she has been told that this white glue has been used on all of the sandcastle events up and down this coast and up and down the east coast, that the sandcastles are made with water and sand and at the end a dilution of ten parts water to one part glue is used as a mist to hold the fine features. Mr. Trollen stated that they do indoor and outdoor projects all over the world, when doing an outdoor project they use Elmers white school glue, diluted as stated, because the wind and the sun dry the castle out, the biggest culprit is the wind, once the carving of the product is done, they usually do three to four foot'sections and they spray in order to maintain the detail, it has nothing to do with the structural integrity of the sand whatsoever, it just happens that in Seal Beach they have done some fairly tremendous carvings since the late 1970's. Given that 5 Page Five - City Council Minutes - November 10, 2003 these events have taken place up and down the coasts, Mayor Campbell inquired as to how many years and have there ever been any problems. The response of Mr. Trollen was never, noted that he has been part of five Guinness Book of World Records projects, two in San Diego, two in Florida, and one in Ocean City, Maryland, international press, very high profile situations, such projects have been done coast to coast, they have been under the watchful eye of environmentalists in Vermont, in twenty -three years this has never come forth as an issue. Mayor Campbell asked if permits are required for the use of the glue, to that the City Manager explained that a special event permit is required for the event, in light of what has happened he feels certain that next year there will be a condition placed on the event to prohibit the use of any foreign substance other than water to maintain the sculpture. Mr. Trollen inquired if there would be a written document that would justify such condition other than the feelings involved, to that the Manager responded that something in writing is unlikely yet there is a certainty that there will be such a condition in light of the happenings of this year, however, there may be alternatives as there are other types of soil binders, at this point glue is out. Mr. Trollen said he would address the technical points with the Manager at another time, noted that in addition to sandcastles he is a design consultant for the medical industry, he deals with the Uniform Building Code, Mechanical Code, designs veterinary hospitals and surgery centers, at times he gets into a position where he needs something in black and white as being shown in a Code, it would be good if that could be worked on, what he is basing that on is that this has been a very emotional situation and he deals in a non - emotional world about sixty percent of the time, dealing with scientific facts, therefore if the City could work on scientific facts rather than emotions it would be much appreciated. The Mayor responded that the City will work on it as this is a great event for the community, she would not like to see anything happen that would be a detriment to the event. Mr. Trollen said his hope is that this can be dealt with in an adult manner and move forward in the spirit of the event, acknowledging that it is a good thing for the City. Mr. Joel Davidson, 1st Street, mentioned the upcoming meeting relating to the DWP property where the procedures will be discussed for the processing of whatever development there may be, he would implore that the Council listen to the people who attend that meeting, the people need to understand the importance of their attendance and the importance of letting the Council know how they feel about the development of that property. Mr. Davidson said it is well known that he supports the current seventy percent open space and thirty percent commercial plan. Councilman Yost confirmed that the meeting will be held next Monday in the Council Chambers as that was the only available facility on that date, it will be designed to be informational, a slide presentation will be given that relates to the history of the DWP site, no position will be taken in that the Council needs to keep an open mind in the event the project eventually comes before this body, however the public will have an opportunity to express • Page Six - City Council Minutes - November 10, 2003 their views. In an effort to avoid any misunderstanding, Councilman Larson advised that that meeting will not be a Council meeting and should a majority of the Council attend it will be deemed an illegal meeting. Councilman Yost stated that his preference would have been to meet at the Senior Center or the Marina Community Center rather than Council Chambers however they were both scheduled for use, and reiterated that the meeting will be for informational purposes only. Mayor Campbell asked if the other members of the Council could merely attend for the purpose of listening to comments. The City Attorney explained that under the Brown Act the issue is participation, the Act tries to avoid a Council reaching a collective consensus prior to a public hearing therefore he would encourage the other members of the Council to avoid the meeting. Ms. Joyce Parque, Seal Beach, said she would encourage people from College Park East, College Park West, and Leisure World to run for Council seats in the upcoming election, there could be good debates, and people should be asking if there is more money coming in to the City yet less services are being provided, where is the money going. She mentioned that last year the City did not put the Christmas lights in the trees instead hung stars on the light poles, it was dark, pointless to have a Christmas parade, this year the City wants to add more stars on the pier, sell • advertisements for $250 each and then put a business identification tag on the star, to her that is selling Christmas, that is like selling the beach for a wedding in May with two hundred guests, yet they do not want to clean the beach, clean the restrooms, no curbs are being repaired, and trees are dying, where is the money going. Ms. Parque said the taxpayers pay for everything, the utility users tax, property tax, sales tax, sewer repairs, there is no Costco, no car lot, no five star hotel, no money coming in except what is paid by the taxpayers. Ms. Parque noted another newspaper article entitled 'Economics 102', said the Mayor seems to forget that Seal Beach has debt, it is redevelopment debt, and asked why the police cars go to Sunset Beach to get washed and why the dumpster at the beach is locked. There being no further comments, Mayor Campbell declared Oral Communications to be closed. CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT In response to the comments of Ms. Frazier relating to Christmas lighting, the City Manager mentioned that an analysis showed that project to be heavily labor intensive, in addition, the practice had been to string several strings of lights together, if one reads the caution, statement on the box that is not a safe practice. The Manager noted having received calls from people who want to put lights in the trees, one caller reported someone saying that the City would not allow people to light the trees, to that he said that was nothing further from the truth, and offered that if a business owner or property owner wishes to light the tree in front of their property they can simply come to City Hall for a permit, it will be a no -fee encroachment permit, sign a liability waiver where should the tree burn down the permitee will be responsible for the Page Seven - City Council Minutes - November 10, 2003 • replacement, and assume the electrical cost, there may be some lights at the City Yard that could be donated, therefore the trees can be lit privately whereas the City can not due to safety concerns and cost. The Manager mentioned also that some of the trees will be trimmed to some degree to allow the street lights to shine through, however reported that he is being pulled two ways, the Tree Committee says it does not want the trees lollipopped yet others are saying that the street is getting darker. The Manager reported having met with Mr. Leahy of the Orange County Transportation Authority this date, they are moving forward for a 1 -405 Major Investment Study, that is an effort to look at expanding the 405 and other options, they are requesting two members of each affected City Council to attend a meeting on December 10th at 7:30, the Council designees can be named at the regular Council meeting of December 8th, also, anyone interested in serving on their Citizens Advisory Committee should provide their name to the City Manager's office for forwarding to the OCTA. COUNCIL COMMENTS - • Councilman Yost mentioned again the town hall meeting that will be held on Monday, November 17th at 7:00 p.m. in the City Council Chambers relating to the Department of Water and Power property, a review of its history, receive comments from the public, it is not an official Council meeting, there will not be a majority of Council members present, no decisions will be made or positions taken. Councilman Doane asked if a representative of the property owners will be in attendance, to that Councilman Yost said he is of the feeling that a representative(s) will be present, the fact that the owners have not chosen to hold community meetings is why the upcoming meeting is scheduled, and hopefully the property owners will listen to the comments from the public. Councilman Antos stated that one of the purposes of the meeting besides receiving public comments is to provide a history of what has gone on in the past as well as a review of the process that any _ application is required to go through, there are a number of boards and commissions that will be required to hold meetings on such application, a review of their roll in the process will be provided, subsequently there will be an opportunity for the public and the property owners to express their views. Councilman Antos mentioned that he and Councilman Yost will be rather limited as to what they can respond to, the process yes but no comments with regard to any application until it goes through the lengthy process and all of the information is provided Council for evaluation, any comments before that time would be unfair to anyone involved, his understanding too is that the application before the City is not complete at this time. Councilman Antos mentioned that November is Seal Beach Historical Society Red Car Month, they have a new exhibit called the 'Panorama of Seal Beach History,' as well as their upcoming eighth annual amateur photo contest, the 'Vision of Seal Beach.' Councilman Yost mentioned a preliminary plan rendering for the DWP site that was published in the newspaper, and inquired if that then becomes public domain. The response of the City Attorney was yes, if it has been released to the press it could be brought to the meeting as part of the presentation however Page Eight - City Council Minutes - November 10, 2003 it should be made clear that it is not a City document, merely a document that was submitted as part of the application or published in the press, and inquired if it was part of the application. Councilman Yost responded that he had no idea, the application is not final and he has not seen it, he is not even certain that they own the property or if there are conditions on the site, he has only heard rumors and what was said by the purported representative of the landowners at a prior meeting. To that the City Attorney offered that it could be portrayed as a rendering submitted to the newspaper. Question was posed if there could be cablevision coverage of the upcoming meeting, the response of Councilman Yost was that it has been requested however it is not known if that is possible at this point. Mayor Campbell mentioned that she recently notified the residents of Wisteria near the drainage ditch through her newsletter to be cautious of coyotes, caution especially when walking late in the evening and while walking small dogs, also with cats or other small pets, the coyotes are hungry, aggressive, and are not afraid of people. She noted also having received a call with regard to an incident of a hawk swooping down to get a small dog, in that instance the hawk was chased away, 'small pets and children should not be left unattended in backyards, it is believed also that coyotes have been walking Wisteria and Rose Streets. With regard to the letter of Mr. Whitehair, Mayor Campbell noted the mention of gallons of glue, Mr. Trollen explained that half of the glue was for Huntington Beach, he asked also why no immediate tests were taken, yet Mr. Whitehair said himself in an e-mail two days after the event that wood glue was not used and that white glue was not toxic, to that the Mayor said if it is not toxic then why was it even tested, to the Whitehead question as to why not an independent study early on, the fact is that two days after the event Mr. Whitehead contacted the City Manager and e- mailed the Council, the response of the Manager to Council was that there had been a misunderstanding, the whole thing is over, and Mr. Whitehair apologized for over - reacting, the following Monday Mr. Whitehair appeared at the Council meeting and made a big issue out of something that never happened because no wood glue was used. To the suggestion that the manufacturer be held liable, Mayor Campbell asked for what, they sell their product and it is not toxic, there is no liability, to the statement relating to fines, the answer is that there is n� ordinance prohibiting this use and it has been used up and down both coasts, there have never been any problems, and again, nothing happened, no wood glue, no toxic contamination, and the Elmers white glue is used by millions of school children every day, it is not toxic. A big issue made from nothing, Mayor Campbell said she would like to think this is going to end, unless other people want to keep it alive for whatever reason, that is unfortunate. CONSENT CALENDAR - ITEMS "B" thru "K" With regard to Item "F" the City Manager explained that some of the Quecore contract language has been revised since the time the agenda was distributed and this date, Section 12, Staffing, which read " QUECORE reserves the right to change the QUECORE employees assigned to customer • Page Nine - City Council Minutes - November 10, 2003 • upon 10 days notice" language was added to read "...with City of Seal Beach approval." The Manager reported being in receipt of a letter from QUECORE agreeing to that change. Larson moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented. B. 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 after the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. C. Approved the minutes of the regular meeting of October 27, 2003. D. Concurred with the direction of the claims management adjuster direction to deny the claims of Richard Klimascewski and Peggy Schaper for sewer line damage and that a claim rejection letter be forwarded. • E. Approved regular demands numbered 44095 through 44259 in the amount of $578,819.50, direct deposits and ADP payroll checks numbered 6494122 through 6494206 in the amount of $183,598.10, and authorized warrants to be drawn on the Treasury for same. F. Adopted Resolution Number 5183 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN AGREEMENT BETWEEN THE CITY AND QUECORE, INC. FOR INFORMATION TECHNOLOGY INFRASTRUCTURE AND•CONSULTING SERVICES" for the term of one year with the option to renew annually with QUECORE, Inc., and authorized the City Manager to execute said Agreement on behalf of the City. By unanimous consent, full reading of Resolution Number 5183 was waived. G. Adopted Resolution Number 5184 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT NO. 04 -15, FOR UNEXPECTED EXPENDITURES AND EXPENDITURES ROLLED OVER FROM PRIOR FISCAL YEAR." By unanimous consent, full reading of Resolution Number 5184 was waived. H. Adopted Resolution Number 5185 entitled "A • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #50098, THE SEAL BEACH BOULEVARD PAVEMENT REHABILITATION (OLD RANCH PARKWAY TO ST. CLOUD DR.), ENTERED INTO BETWEEN THE CITY OF SEAL BEACH AND ALL AMERICAN ASPHALT, INC." By unanimous consent, Page Ten - City Council Minutes - November 10, 2003 full reading of Resolution Number 5185 was waived. I. Received and filed the Program Effectiveness Assessment (PEA) previously known as the Year End Report for the storm water quality Local Implementation Plan (LIP) in accordance with the requirements of the Santa Ana Regional Water Quality Control Board adopted order number R8- 2002 -001. , J. Bids were received until 10:00 a.m., November 4, 2003 for the Pier Structural Repair and Rehabilitation, Project Number 50146, at which time they were publicly opened by the City Clerk as follows: John S. Meek Company, Inc. $433,885.00 Connolly- Pacific Co. $588,600.00 • Blackledge Diving, Inc. $620,000.00 Awarded the contract for the Pier Structural Repair and Rehabilitation, Project Number 50146, to the lowest responsible bidder, John S. Meek Company, Inc. in the amount of $433,885.00 and authorized the City Manager to execute the agreement. K. Adopted Resolution Number 5186 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING A PUBLIC NUISANCE AT 111 - 13th STREET." By unanimous consent, full reading of Resolution Number 5186 was waived. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ORDINANCE NUMBER 1510 - NEWSRACK REGULATIONS / NEWSRACK ENCLOSURE STRUCTURES - RESOLUTION NUMBER 5187 The City Manager noted that an additional memorandum had been provided Council to help clarify certain staff positions, the request is that Council go through each of the items, provide staff direction by consensus, and introduce the Ordinance. The Director of Development Services presented the staff report, explained that in year 2000 the Council started to look at the newsrack ordinance, staff had some suggestions with regard to how to revise that ordinance, through that process there were a number of field surveys that staff needed to complete to compare existing public obstructions on the sidewalk, map those to see where locations could be designated for newsracks within the Main Street Specific Plan area specifically. The ordinance before the Council at that time proposed that the City would actually acquire, install and lease a newsrack space to a newspaper for the placement of their publication, in August of this year he and the City Attorney met with the publishers that have business licenses within the City to distribute their documents, the main concern expressed at that meeting was the issue of City owned, installed, and maintained racks, they felt that the long term maintenance of those types of facilities is Page Eleven - City Council Minutes - November 10, 2003 something that the City had not carefully considered in that it can become very expensive for the City to own and maintain the racks, at that time staff offered to review the existing ordinance further to determine if something could be done to address that concern. The Director offered that the item before the Council at this time is an ordinance that would put the City in a position of building what can be classified as a newsrack enclosure structure along Main Street at a number of locations and all of the newspapers would need to obtain a permit and be located within the confines of those newsrack enclosure structures, within the staff report there are some architectural concepts as to how those might appear, the size, %tc., that process would then allow the newspapers to place their own newsracks into the enclosed spaces subject to the normal permit requirements that anyone needs to meet in order to put a structure on a public sidewalk. The ordinance was forwarded by e-mail to all of the newspapers for review on Thursday as part of the agenda distribution, the City then received a letter by FAX from an attorney representing a number of the newspaper publishers, that letter attached to the memorandum that the Council received this date, the letter raises a number of issues and the memorandum attempts to explain the concerns of the City or where there may be agreement with the issues raised in the attorney letter, in addition the City Attorney prepared a response letter to the newspaper publishers attorney, a copy of which has also been provided the Council. The Director proposed to go through each of the issues raised by the newspapers where staff feels that there may be some policy direction needed from Council for staff to proceed and meet with the newspapers to try to resolve the few remaining differences, there are a number of areas where it is felt the City can accommodate the concerns and upon further discussion that a mutual agreement can be reached. The Director noted that the first issue raised by the legal representative for the newspapers is a uniform color and model for newsracks, the proposed ordinance does contain that language, what is sought is direction from Council as to whether it is still thought to be necessary to require a standard design and color for newsracks if they are contained in an enclosed structure in the Main Street area, the staff position is that if there are enclosures, as proposed, that lessens the concern as to the appearance of the newsracks because the only persons that will see them are pedestrians walking down the street, three sides of the racks would not be seen as a result of the enclosure. If the Council feels uniformity is necessary it remains a supportable requirement that can be imposed, staff is uncertain as to whether it is absolutely necessary assuming that the Council thinks that the newsrack enclosures are an appropriate alternative. Councilman Yost said he would not have a problem with small differences in the newsrack colors, however would not want something that is totally unacceptable colorwise, could there be a condition requiring them to be rational and reasonable. The Director explained that the staff recommendation was for a standard color, however that may not be necessary, it is felt that the newspapers would prefer putting up whatever they want to attract a customer Page Twelve - City Council Minutes - November 10, 2003 to their publication, that is felt to be a policy issue for the.Council, and noted that as he walked Main Street to inventory the newsracks this 'past Thursday most of the • racks were green metal, there are some free publication racks that are plastic containers of either red or yellow in color, they are different looking, noticeable, and that is what the publishers are trying to do, whether or not it is important from the standpoint of the City that they all be the same, however if they are in an enclosure that is the issue where Council direction is needed, if there is no enclosure the staff position is that they should all be the same style and color, that is a major issue to be resolved before final ordinance language can be prepared. Councilman Doane asked if the enclosures have been discussed with the newspapers. The Development Services Director mentioned that the enclosure issue was included in the original staff report in the agenda packet, there are photos of sample enclosures that were mailed to the newspapers on Friday, the letter from the newspaper attorney did not indicate whether or not that was an issue to them one way or another. Councilman Doane said that is important because if there are enclosures that eliminates some of the objection.' The Director explained that the newspapers have a concern with charging a fee for the long term maintenance and construction of the enclosure yet the letter does not object to an enclosure, the issue at hand is whether there is concern with what the newsracks look like if they are in an enclosure, that applies only to Main Street, on Ocean, Central, and Electric Avenue it was never envisioned that there would be an enclosure around a newsrack because there are only four newsracks on the block between Main Street and the alley, it is felt that the requirement should merely be a standard size and color of the racks on those side streets, and there is really not adequate room to install an enclosure because of the parallel parking as opposed to the diagonal parking that exists on Main Street, the other issue is for newsracks that are not on Main Street, that would be Pacific Coast Highway and Seal Beach Boulevard, as long as they have the proper permit to locate a rack in an area acceptable to the City should they be a standard color and design or allow the standard rack of a newspaper with the proper permit and placing them in accordance with the location criteria as set forth in the ordinance. Mayor Campbell asked if there have been any comments from the general public. The Director explained that this is an ordinance prepared based upon direction from Council to proceed with this issue, the ordinance does not require a public hearing, that would be a totally different process and time schedule. Councilman Antos noted that residents of Old Town want less racks, there was a newsrack concept that was brought to the Council by staff with the idea that staff would determine safe locations, that they be ganged together to eliminate the strings of newsracks up and down the street and allow access from the street to the sidewalk, concepts from other jurisdictions were looked at, this matter was going along well until there was a meeting with the newspaper industry where their concerns were brought forward, one was that some of the papers manufacture their own newsracks which hold more newspapers than does the typical standard rack that had previously been discussed, another issue was Page Thirteen - City Council Minutes - November 10, 2003 whether the City should be involved in the maintenance and repair of newsracks or should the industry be allowed to do that, at that point the feeling of staff was that they did not want to be in the business of owning and maintaining newsracks, let the industry do that, that is where the idea of enclosures came from, now the letter is saying if there is going to be enclosures then why not let the newspapers have whatever kind of rack they want, which would be nonstandard and a variety of shapes, sizes and colors, from the street you would not see them yet the mixture of racks , would be seen as one walks down the street, his feeling is that the City should take a position as to standardizing the size and color scheme of the racks even if they are placed in enclosures, therefore if some of the newspapers will be using the larger, deeper boxes that will hold more and thicker papers they would still look somewhat standard • and similar color. Mayor Campbell noted there are three policy decisions that the Council was being asked to discuss, the first is if the City should require a City approved newsrack structure or color within the community except for the Main Street Specific Plan area along Ocean, Central, and Electric Avenue. Councilman Larson recalled having been on the Planning Commission when this issue was brought forth, he reminded staff that in the early days of this country Governor Randolph of Virginia said do not needlessly disturb things at rest, in later generations that became the comment to let sleeping dogs lie, currently the young people say they do not want to go there, this is getting into the problem of deciding what color a newspaper rack should be, his personal feeling would be to leave that up to the newspapers, if they can sell papers with a polkadot on the rack so be it, aesthetics belong to the people, if a person made an ugly sign it would be taken care of because they would not be able to sell anything, if it was a good sign then things would sell, his preference is to not get between the press and the Council on the idea of what color racks should a newspaper be told they have to put in. The Mayor asked if it is felt that enclosures should be similar up and down Main Street, a standardized newsrack. Councilman Larson said this is not Disneyland, it is not a uniform Main Street, it is a unique street, unique to the beach, unique to beach communities that has its own character, and if that character is such that newsracks will be here and there, subject to whatever rules there are for safety, he does not feel they need to be placed in a cage, there would then be little cages up and down Main Street, he does not feel comfortable with making little cages, it seems to be too'confining, and confirmed that he does not favor standardization of newsracks. Councilman Doane made reference to the newspaper attorney letter, the conclusion is that the 'Register, Times and the Sun hope to work with the City to resolve these issues in a manner that promotes public safety and aesthetics and protects the press, the public's First Amendment rights, and to assure success in that effort they ask that the Council postpone consideration of the proposed ordinance for thirty days so that there is an opportunity to meet with the Council or with City staff to discuss these issues,' and to that Councilman Doane suggested that the Council look at that direction, at the end of thirty days would something be accomplished or would there be the same Page Fourteen - City Council Minutes - November 10, 2003 standoff that there is now, this is at an impasse, two opposite opinions were just heard from members of the Council. Mayor Campbell mentioned that the next meeting is December 8th therefore there lies the thirty days, if first reading of the ordinance is held at this meeting resolution of the concerns can be explored during that time, and if necessary another first reading could take place on the 8th. The Director mentioned that the difficulty for staff is that there are three or four basic policy issues that until there is a clear direction from the as to the manner in which to proceed it is difficult to construct an ordinance that addresses the desires of the Council, in turn that would be something that would need to be presented to the papers again to assure a clear understanding of what the issues are, without Council direction staff would meet with the newspapers then come back and say these are still the issues and request help. The City Manager noted that the first issue is whether the Council is comfortable with uniform racks even.though they are inside a structure. Councilman Antos stated yes. Councilman Yost said his issue is that they are aesthetically pleasing and are in an enclosure, he has seen newsracks in other communities, Monterey as an example, similar to Seal Beach where the city controls the enclosure then the newspapers place their rack inside, he would like to see some control and aesthetics, he also would not be opposed to the thirty day period. Councilman Doane mentioned that an owner of a restaurant at Main and Ocean that complained that the newsracks were unsightly from within the restaurant, his understanding of the enclosure structures however is that the racks would not be unsightly from the street yet could be unsightly from the restaurant or sidewalk side, he was uncertain as to whether uniformity or the enclosures is the answer, he is not at a point where he could make a recommendation. Mayor Campbell mentioned again that staff is seeking some opinions, directions from the Council. Councilman Larson said he had merely expressed his opinion, he would not be petulant about it if other members of the Council feel differently. Mayor Campbell said she agreed that there needs to be some semblance of order so it does not get out of control, at this point there is such a proliferation of racks that it is out of control. Councilman Antos mentioned that in some cities, even some nearby, they call out a particular color or equivalent of a standard newspaper rack or equivalent that would accommodate the deeper, larger newsrack for the larger newspapers, those could at least be a similar color, there are pictures in the packet of the Los Angeles Times and USA Today racks, the USA Today rack is not a standard color and has their logo, it would seem that using some standard color scheme and locate them on ganged areas selected by the Director of Public Works as a safe location would go a long way towards standardizing, and if they are inside an enclosure and more or less of standard color then they would not be so offensive as was pointed out from the windows of commercial businesses. The Development Services Director drew attention to a photo of a newsrack located in Belmont Shore, of a standard color, there are two unit and four unit racks ranging in height from thirty -six to forty- Page Fifteen - City Council Minutes - November 10, 2003 eight inches, pictures too of examples of newsrack enclosure units, and offered that if the intent was to have standardized racks there may not be a need for an enclosure. Mayor Campbell stated her preference for the lower racks, the taller racks would distract from what goes on along Main Street, the lower profile is better. The Director noted that even a single rack is about thirty -six to thirty -eight inches high, the double racks allow more publications in a smaller location, there is less length with the higher model. Councilman Antos asked if the rack standardization could be used on top with three of the same color such as the LA Times instead of having the USA Today and some of the other color combinations, that would standardize it for the businesses, use an enclosure around them. The Director responded that in the opinion of staff that can legally be done, that is the kind of policy direction that is being sought from the Council. Councilman Antos indicated support for the standardized color, that they be ganged with an enclosure, his preference would be a wood look enclosure. The Director said it was thought that the Council may not want the same design on enclosures the full length of the Street, the major issues are a standard color or a choice of a couple of standardized colors, blue or green as examples. Councilman Doane said the letter on behalf of the news industry makes it sound like they are upset with the City, yet samples have been shown of other cities that have done more or less what Seal Beach is proposing, and asked if this is a standard resistance. The City Attorney offered to provide some history as his firm has been involved with other cities that have gone through this process, there are meetings with the newspapers and typically compromises have been worked out, in this case the enclosures were actually an idea of the newspapers, it still meets the staff goal of uniformity, from the staff perspective there are two main issues, proliferation, the clustering, that is true in every city, the desire is to get them together so that they are not strewn down the street and become a hazard, the second issue is uniformity, one way to accomplish that is the enclosures. Cities go through this process to reach some type of collective concurrence then typically a letter is received from the newspaper attorney either two days before or on the day of the meeting asking for more time, the issues in the attorney letter are the same as those that have been gone through before, he raises some legitimate concerns, and as noted in the Director's memorandum as of this date there are eight or nine suggestions and staff agrees with about six of them, so the only issues are the three on which the Director has focused, the enclosure was about the second compromise reached with the newspaper representatives. After receiving the attorney letter staff came up with a trifurcated process where there could be enclosures on Main Street and the newspapers could have some but not too much - variety, each could use their model yet there would need to be some type of uniform color, on the three side streets off Main Street the staff recommendation would be uniformity, and if one looks at the definition in the proposed ordinance it says the 'standard KAJAC engineering company model series 50' or a model that the Director deems equivalent in size and appearance, that gives the Page Sixteen - City Council Minutes - November 10, 2003 flexibility to basically keep what they want as long as the Director is comfortable that they are uniform enough to meet the goal of the City, the third part of the trifurcated system is outside of the Main Street Specific Plan area, a proposal for consideration would be most any type of newsrack, that is a policy issue if it is felt that in other parts of the City the racks do not have to be uniform, that is also acceptable to staff, or if it is felt that they should be uniform throughout that would be a direction, and from a legal perspective it has been challenged a few times yet some cities have prevailed on the issue of uniformity. Councilman Yost expressed his opinion that newsracks should be uniform citywide since there are other areas of the community that will be proposed to be upgraded at some point, the Pavilions Center an example. It was clarified that the newsrack ordinance only applies to public property, the public right -of -way. With reference to the Pavilions Center, Councilman Antos said there are newsracks near the entrances to that shopping area along Pacific Coast Highway, one of the concerns that staff has addressed is the safety issue, if there is not some form of control as to where the newsracks are located then the City does not have control of the sight distance, it is not known how they are installed, if there is damage to the sidewalk, so if the City establishes a standard rack or equivalent to the satisfaction of the City, that will provide some control as to where the racks are located, how they are installed, and acceptable from a safety standpoint. With reference to page six of the response memorandum, Councilman Doane noted the numbers of actual newsracks existing on each block in the Main Street Specific Plan area, the maximum number that would be permitted by the proposed ordinance would be two hundred four, the number that exist is ninety -two. The response of the Director was that the projected number was based on an assumption that all „of the racks within the enclosures wold be stacked racks, yet there may not be nearly that many stacked racks, the Times, Register, and Press Telegram usually want a single rack for their papers, more likely are numbers of between one hundred twenty to one hundred forty maximum possible, again, they must obtain a permit to put a rack in a location, the number will depend upon the type of rack that is desired for the enclosure, if enclosures are desired, also, the regulations address proliferation in a long string, places them in a shorter area, compacts and controls them, what appears to be desirable with the enclosure idea is that the only time a permit would be issued for a newsrack on the street is if it is in the enclosure, if a newsrack appears on Main Street that is not in an enclosure it is instantly known that there is no permit and it will be removed. Mayor Campbell mentioned there seemed to be a majority of the Council that support the enclosure structures. The Development Services Director said he felt there was an indication from at least two members of the Council for a standard design and color with possibly a couple of alternatives for numbers of colors and styles of racks so that the ganging issue can be addressed throughout the City whether it is Main Street, behind an enclosure or not, that there be some control over color and style. To the Page Seventeen - City Council Minutes - November 10, 2003 question as to who would pay for the enclosures, the Director stated that is yet another issue to be considered. The Mayor said there seems to be some agreement with color, some uniformity, however there has been no agreement as to _what the uniformity should be. The Director offered that staff will come back with some revised language, it may be well to offer a couple of alternatives, whether they are all blue, all green, or a combination, it is uncertain as to the yellow polkadots, yellows, reds, etc. The City Manager requested clarification that it is uniform color and style in all areas of the City, the response was affirmative. The City Attorney stated that there will be some built -in flexibility so that there could be blues and • greens, that they do not need to be double stacked yet be within the dimensions that are acceptable, this is not a legal issue but is an issue for the papers in every city as they feel double stacked cuts down their profits. ' With regard to the second policy issue, the City Manager stated that would be whether or not enclosure structures are desired in the Main Street Specific Plan area. In support was Councilman Antos, Mayor Campbell indicated support, Councilman Doane stated he could not support until it is known who will pay for them, Councilman Larson had previously indicated his opposition, and Councilman Yost previously indicated support. The Director noted that it is felt that the business license concern is a non - issue, clarifying that it is not a discretionary license. The Director clarified also that that it is felt that the Council has given general directions with regard to colors, dimensions, and configurations throughout the City irregardless of where racks are. With regard to the newsrack permit application fee, the Manager explained that that concern relates to the comment of Councilman Doane as to who is going to pay for the enclosure structures, the estimate is believed to be about $70,000 to $75,000 for the structures, the cost was amortized over seven years, then the administrative fee of about $55 added for a total of about $160, the question is whether the City is going to pay for the structures or shall it•be required as a fee. The City Attorney explained that the newspapers do not feel that the fee for maintenance and amortization for replacement of enclosures is a proper fee or cost to be charged back to the publishers, with respect to the law he and the newspaper attorney agree as to what the standard is which is to recover the administrative costs, the'City has to have evidence to support those administrative costs, so the question becomes whether or not the enclosures become part of the administrative costs, there are no cases on point and in the response letter to the attorney he was requested to provide the City with any authority that may support his position, it is a gray area, the question becomes whether the $160 per year is something that they would want to litigate or could there be some compromise reached, neither the City or the newspapers want to become involved in litigation, and even if the proposed ordinance has first reading at this meeting he would recommend that second reading be deferred to allow the newspapers enough time to meet with staff as this may be an issue that the staff and Council will need to come back to, alternatively the City could determine that it is a proper cost. Page Eighteen - City Council Minutes - November 10, 2003 Councilman Antos said it seems that the reason for the discussion of enclosures is because the newspaper representatives took the position that they wanted their own racks, the Times and other companies manufacture or purchase their own, they did not like the concept of the City calling out a particular style and model, so to accommodate them the City came up with an enclosure to standardize within the Specific Plan area as much as possible, now they are fighting the City on the standardization, what would happen if the City went back to its original position of calling for a particular model. The City Attorney advised that that would not be a recoverable cost because the papers would need to purchase their own models, it would then not be a part of the administrative cost,'it is up to the Council to give direction to staff as to whether it is something that is felt the City should pay or if the newspaper attorney should be advised that it is a proper administrative cost. Councilman Antos stated that he is not very interested in using public money to support newspaper rack businesses, private enterprise, possibly staff could work with the newspapers to call out a particular type of model or an equivalent for the double stacked, maybe that would fit the Times needs, and if it is an acceptable style and close in color, then there is no need to get into the situation of supporting private enterprise with public money. The Director asked if that would mean if there was somewhat of a standard design and color, and everyone agrees, that the enclosure would not be needed, yet if it were not an expense of the City would an enclosure still be supported. Councilman Antos responded in the affirmative, also that the Director of Public Works/City Engineer still selects ' the locations irrespective of whether or not there are enclosures. The City Attorney sought clarification that there is support for enclosures if the City is not required to pay for them, if the City needed to pay for enclosures then the support would be to require uniformity on Main Street. Mayor Campbell said her understanding was that uniformity was requested throughout the City. Councilman Larson offered that one of the reasons that he did not support enclosures was that he assumed that the City would be paying the $75,000, budgets will be coming up and people will then be citing the expenditure of $75,000, therefore possibly delete the option for enclosure structures, inform the newspapers that the City wants the style of newsracks that fit the other alternatives. The Director said if it is felt that it is a common design and colors that are desired along the street is the enclosure then needed, what is being heard now is that if that is the case then there may not be a need to have the enclosures. Mayor Campbell offered that if there is an acceptable enclosure it does not need to be fancy, to that the Director asked if that would be something similar to what was shown that exists in Belmont Shore, stylewise and colorwise, that is the standard kind of racks that are found with a gang rack, it is a standard stacked rack. The City Manager suggested a negotiating tool of going to the newspapers with options of uniform racks or non - uniform racks and they pay for the enclosure structures on Main Street, with uniformity throughout the remainder of the City. Councilman Larson mentioned that if one is driving and looking for a newsrack Page Nineteen - City Council Minutes - November 10, 2003 you often can not tell if it is a newsrack from a car, a person has to be walking. The Director suggested that this be discussed with the newspapers and brought back to the Council. The Manager said an issue was raised with regard to the distance of the newsracks from bus stops, it is believed that staff has a compromise recommendation that they can be five feet and twenty -five feet citywide, that should resolve that issue. With regard to the distance of the newsracks from the curbs it is likely the attorney author of the letter did not realize that Seal Beach has town and country parking so the thought was that the racks could be moved closer to the curb, if the racks were to be moved six inches they will be crushed, that issue will be discussed with the attorney. The Director noted that the ADA accessibility access standards that are necessary on the sidewalk can still be maintained with the setback being suggested in the ordinance. Another issue was the limitation of the number of newsracks on a block basis, this was backed into, when one adds in bus stops, trees, benches, ramps, utility poles, there is limited area available, yet does allow for some expansion, staff believes that the number of newsrack spaces is sufficient with a little growth. The City Attorney mentioned that this issue has also been litigated in a number of cities, the standards that are being proposed for Seal Beach is well within the range of constitutionally permitted numbers, Calistoga was thrown out because they tried to limit racks, the key is that staff has done their homework, they have analyzed Main Street, the physical layout of the Street, and this proposal would allow every legally permitted newsrack that exists to remain and there is - room for more, no one will be closed out, that has always been the issue in other cities, an example would be if there are one hundred existing newsracks and regulations are then adopted to only allow fifty, that is when a city gets into constitutionally protected interests, this is not the case in Seal Beach. Councilman Yost asked if the number that is being allowed could be trimmed down somewhat. The Director explained that it needs to be kept in mind that the large number is based on the assumption that every rack on the Street is a stacked double rack, that is the basis for that number, in reality the papers are not going to install every rack as a stacked double rack,, there will be singles and some doubles, estimate is that the maximum that would be on the Street is one hundred twenty to one hundred forty, the papers will still need to make application and get a permit, there may be areas where the City will say that a rack can be installed yet the papers may not want to put a rack in that location. The Manager mentioned that at one time the intent was to have all double stacked racks however the papers said they lose about thirty percent of their sales because the double stacked racks do not contain as many newspapers. With reference to the newspaper attorney letter, Councilman Doane noted that he is representing three newspapers, there are other newspapers that have racks, how does the City get them to conform. The Director responded that the ordinance will apply to anyone wishing to put a newsrack on Main Street, at present there are a number of publications on the Street that do Page Twenty - City Council Minutes - November 10, 2003 not have a business license in the City, they will need a business license and a permit if they want to keep a rack on Main Street. The City Attorney stated that staff is ready to propose the ordinance for first reading however there are changes that he would recommend be read into the record, it also needs to be understood that there will not be a second reading until sometime in December, that will give ample time to meet with the representatives of the newspapers, and should they bring forth substantial changes that the City agrees to there will be another first reading of the ordinance in December. Mayor Campbell moved to approve the introduction and first reading of Ordinance Number 1510 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 11B OF THE CODE OF THE CITY OF SEAL BEACH PERTAINING TO NEWSRACKS." Councilman Larson seconded the motion. The City Attorney read proposed changes to Ordinance Number 1510: Section 11B -2, Definitions, subsection (c), City- approved newsrack model, to read "....or a model or color that the Director deems equivalent in size and appearance, painted an accepted color...," the colors may be determined at the time of the second reading after receiving input from the newspapers and are found to be acceptable; Section 11B -3, Newsrack Permit, instead of an annual permit the staff recommends that it be a three year permit, that a request of the newspapers; , Section 11B- 3(e)(1)D, Newsrack Permits, Impoundment, the draft ordinance stated that no one would be allowed to obtain a license if their newsrack had been impounded, the newspaper attorney is going to provide some language to clarify that issue then the City can possibly relax that standard; Section 11B -4, subsection (a)(5), Placement Standards, instead of saying "...10 feet ahead of and 40 feet to the rear of any sign marking a designated bus stop" the ordinance will go back to the existing standards of 5 feet and 25 feet, that is in the existing Code; Section 11B -4, subsections (d) and (f), should read "...No newsrack shall unreasonably interfere..." that too a request from the newspaper attorney; With regard to Section 11B -5, subsection (c), the newspaper attorney felt that the lottery, the first come first served basis, should have some built in grandfather rights, some cities have given grandfather rights to legally permitted • racks, an example would be an existing permitted, business licensed rack at Main and Central, that newspaper would have the priority or first right to remain in the closest location to the existing location, there may be additional language to that section; Page Twenty One - City Council Minutes - November 10, 2003 Section 11B -6, subsection (a), which reads "Each'newsrack shall be the City- approved newsrack model," no change is necessary since the definition has been expanded; Section 11B -6, subsection (f) relating to advertising, the attorney may have some additional language for clarification, the belief is that it was not the intent of the City to allow third party advertising and that it is acceptable to have logos of the newspaper; Section 11B -6, subsection (i), the newspaper attorney will also provide language concerning adult publications; Section 2, Transition Program, this is dependent upon the decision relating to enclosures, if there are enclosures and the papers have more flexibility within a range of alternatives a transition period may not be needed. Vote on the introduction and first reading of Ordinance Number 1510 as amended: AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried CLOSED SESSION No Closed Session was held. ADJOURNMENT It was noted that the next regular meeting will be December 8th. By unanimous consent, the meeting was adjourned at 8:55 p.m. THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: