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HomeMy WebLinkAboutCC Min 1999-02-08 1-25-99 / 2-8-99 the Coastal Commission meeting of February in Coronado, there are issues that still need to be resolved. As to the mayoral position, Mayor Yost thanked those who supported him, offered to do his best to be fair and run meetings as evenly as possible, his view of the position is not so much of that of a leader, rather as a facilitator where all views are heard. I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the three items identified on the agenda and previously announced. The Council adjourned to Closed Session by unanimous consent at 9:46 p.m. and reconvened at 10:34 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported the Council had discussed the three items identified, gave direction with respect to the matter of Los Alamitos versus Seal Beach, no other action was taken. As a point of clarification, the City Clerk language set forth in the City Charter with reorganizations. reported the regard to Council ADJOURNMENT It was the order of the Chair, with consent to adjourn the meeting at 10:35 p.m. of the Council, I S;:al Approved: k Mayor 9"'4Vh( /) City Clerk ~ Attest: Seal Beach, California February 8, 1999 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer 2-8-99 Chief Sellers, Police Department Mr. Dorsey, Assistant to the City Manager Ms. Beard, Director of Recreation and Parks Ms. Yeo, City Clerk Introduction of the New South Wales General Manager was postponed pending his arrival. I PRESENTATIONS MAYOR's BUSINESS BEAUTIFUL AWARD Mayor ProTem Campbell said she carefully observed the businesses located south of the freeway in consideration of this award, and announced the selection of O'Malleys On Main for promoting and enhancing the image of this wonderful City. Mr. Kyle expressed appreciation for the Award, noted that as this business was built it was with ideas and suggestions from local people and craftsmen, and introduced his partner, Mr. Tom Atkinson, who said their plan is that this business will be long term and benefit their patrons and the City. "SHOP SEAL BEACH" - CHAMBER OF COMMERCE Ms. Kim Masoner introduced herself as president of the Seal Beach Chamber and Business Association, and reported a recent contest entitled "Shop Seal Beach" that sought suggestions as to how to encourage residents to shop in Seal Beach, more than fifty suggestions were submitted. She announced the winner, Ms. Allison Kline, manager of BJ's Pizzaria on Main Street, the suggestion was to hold a locals night where all of the stores and restaurants would offer discounts to persons showing identification with a local address, this to keep the businesses strong during the winter months and reward valued customers. President Masoner presented Ms. Kline with a check in the amount of $100. I RESOLUTION NUMBER 4683 - HONORING TREVOR HART CROWELL / RESOLUTION NUMBER 4684 - HONORING JAMES PATRICK CROWELL, II - BOY SCOUT EAGLE AWARDS Councilman Boyd stqted he had the pleasure of presenting these Resolutions at the Eagle Scout Court of Honor on Sunday, February 7th. The City Council unanimously approved Resolution Number 4683 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING TREVOR HART CROWELL FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD" and Resolution Number 4,684 entitled "A RESOLUTION OF THE CITY COUNCIL OF ,THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING JAMES PATRICK CROWELL, II, FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD." By unanimous consent full reading of Resolutions Numbered 4683 and 4684 was waived. I APPROVAL OF AGENDA Councilman Boyd requested Items "L" and "N" removed from the Consent Calendar for separate consideration, councilmember Campbell requested Items "M" and "Q" removed, a member of the audience requested to speak to Council Items "E, F, and H" and that Items "J, K, and Q" be removed from the Consent Calendar. Mayor Yost received consensus of the Council to allow the public to comment directly to Items "E, F, and H", not to exceed five minutes per speaker, however, that the items remain in the order as listed on the agenda. Boyd moved, second by Campbell, to approve the order of the agenda I I I 2-8-99 as revised. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ~ ORAL COMMUNICATIONS Mayor Yost declared Oral Communications open. Dr. David Rosenman, 8th Street, said he was speaking unofficially for the tree committee, commended the owner of O'Malleys for what was done in the front of the restaurant, there was a large tree, the roots were trimmed, the tree was saved, by doing so it preserved the character of Main Street. He said the tree committee is concerned with maintaining a leafy green canopy because that is key to people coming here and coming back. Mr. Gordon Shanks, Surf Place, said had spoken with some members of the Council with regard to going back to a 6:45 p.m. meeting time for the Redevelopment Agency, it appears that the separate function of the Agency and Council meetings is understood, and requested that the meeting time be agendized for the next Agency meeting. As to the agenda format, Mr. Shanks noted a concern, minor at least, with a specific closing hour for the Council meetings, citing a possibility that the meetings could be manipulated to allow one group more opportunity to speak than another, even though the Council has been good about allowing public comments to extend further. Mr. Ed Simmons, Seal Beach, said he read a news article with regard to a plan to clean the local rivers, the mayors of cities along the San Gabriel River working with Long Beach, Seal Beach was not mentioned yet the River empties into the area of Seal Beach bringing tons of trash and debris onto the beach when it rains. Mr. Simmons stated he was aware that when it rains the fence along the River is locked by the County to not allow access to the roadway, he then asked who is responsible for the trash that builds up along the Seal Beach side of the jetty, with high tides the trash is washed into the water and comes out onto the beach, trash generated from other cities. He pointed out that there are many kids that use the beach, go into the water, there was a news article too about Long Beach and ot~er cities closing their beaches because of dirty water, Seal Beach is y not clean, said we are its major polluter, it needs to be cleaned up, cited as an example that there are no trash containers on the roadways near the Department of Water and Power property, the area is not maintained, asked who is supposed to, this trash is a great cost to the City. Mr. Simmons claimed that there are now tons of sand inside both jetties, the River may even fill with sand, all of this will be a problem down line, things should be looked into. He claimed that if the City puts one dollar into the beach it will get back five, the City is now losing: Mr. Simmons was requested to leave his telephone number. Mr. Stan Anderson, Balboa Drive, made reference to the comments of Mr. Simmons relating to the River, he a surfer as well, agreed that it is important to get the water clean, he too noted the news article reporting that Long Beach is networking with cities along the River to discuss concerns and needs, yet Seal Beach realizes most of the debris as a result of the northerly cities. Seal Beach is a place that people like to visit, is enjoyed by the residents, Main Street is welcoming, yet there are infrastructure problems that need to be taken care of, there is concern as to how it can be improved without using General Fund monies, make it pay for itself. He said parking on the Street has been a problem for the merchants over the years, the beachgoers use it, that caused some years back when the City raised the fees for the beach lots, rather than 2-8-99 making more money the City made less because people then parked in the business district and on the residential streets, leaving the beach lots half full. Some years back the Business Association had a parking committee that addressed a number of things that are being discussed today, at the same time the Main Street Specific plan study was taking place, the conclusions basically the same as the parking committee, one being the need for people to use the beach parking lots. With the $40 million of infrastructure repairs that need to be done in the next few years the best facilities need to be utilized, Main Street needs to be repaired, the small lots are being metered, it is hoped the Council will look further at metering Main Street, a revenue source of about $500,000 according to the Association study, that would eliminate the drain on the General Fund, it is believed this is the only city on the coast that does not have parking meters, the citizens do not like meters but it is time for the community to be more fiscally minded. There being no further comments, Mayor Yost declared Oral Communications closed. I PRESENTATIONS - continued By unanimous consent, of the Council, two additional presentation items were considered inasmuch as they came about after the preparation of the agenda. RESOLUTION NUMBER 4686 - HONORING CHARLES R. WACKERMAN Mayor Yost read in full Resolution Number 4686 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING CHARLES R. WACKERMAN FOR FORTY-TWO YEARS OF EXCELLENCE IN TEACHING MUSIC TO OUR CHILDREN." Resolution Number 4686 was unanimously adopted by the City Council. I GENERAL MANAGER - NEW SOUTH WALES, AUSTRALIA Mayor Yost introduced Mr. viv May, General Manager, Mosman Council, New South Wales, Australia. The City Manager noted having had the opportunity to be in Australia last September where he visited a number of cities and communities including Mosman Council, just outside Sydney, he and General Manager May had discussions and shared ideas, he met the Council, this community is on the cutting edge of computer technology and their City Hall is implementing a paperless mail system. Mr. May expressed pleasure at being present, extended greetings from the Mosman Council, said he felt certain the exchange of ideas he and the City Manager had are of benefit to the communities, there are great ideas around the world, one must just look to find them, and the exposure of City Managers and General Managers can only benefit the people they serve. Mr. May presented a Mosman Council plaque to the Mayor and Council. The City Manager pointed out that when the Council was evaluating traffic calming methods for Central Avenue, the round about photos shown were from Mosman Council via E-mail. COUNCIL ITEMS Councilman Boyd said this item relates to a revised fee schedule, after the fact building permits, and Code enforcement fines, his request is for Council support to provide direction to staff to begin development of a Code Enforcement program where currently enforcement is done under the threat of litigation with unnecessary legal costs, and noted the memorandum provided by the Director of Development Services outlining the steps to initiate this process. He said his intent is that when there is a Code violation I 2-8-99 I certain employees would be authorized to issue a citation, as is done in other cities. Mr. Reg Clewley, Catalina Avenue, said this is an inappropriate time to initiate discussion of a new fee schedule, selective enforcement needs to be addressed first, fines exist for specific'violations on a per day basis up to $1,000, to which he made specific reference to a Crestview property. He offered that it is unfair to single out people now, write them a citation for something they are building, while the Crestview violation has existed for about ten years. He stated the building and zoning codes need to be carried out, they are being violated at that same location, not only is there the initial violations of the rear and sideyard setbacks and the height limit, now on the deck there has been installed a swing and cabana, further violation of side and front yard setbacks, construction of ten foot sideyard fences, that because of the grade, all of this while the City refuses to accept a complaint on any of the properties along Crestview, Catalina, and Surf Place. Mr. Clewley contended that there is a serious problem with regard to procedures and how they vary between the Planning Commission and City Council, commissions and Councils are not created equal nor does the Commissioners or Councilmembers have equal say, these bodies are not run by the Chairman, the Mayor, or Councilmembers, they are run by City staff. He suggested no consideration of the proposal, rather, items that have been held in abeyance for almost ten years, there is an issue on Main Street where someone has refused to obey the law yet there is no enforcement against the person, just like Crestview and Catalina Avenues. The City Manager said in his opinion an infraction system would be a good plan, would facilitate Code enforcement and improve the effectiveness of it, to the matter of after-the-fact building violations, increasing the penalty would likely be a deterrent, some cities charge as much as three to four times the' building permit fee as a penalty, which is meant to be a disincentive to bootleg construction. Councilman Boyd explained that the proposal is a code enforcement program with the potential of citation issuance, the other is a penalty increase for an after-the-fact building permit. Councilman Doane asked who would act as the Code enforcement officer, there is really no one at this time. The Mayor said he believed the intent was to deputize an existing member of the staff, this is a proposal for staff to look into and bring back to the Council. Councilmember Campbell asked if Code enforcement would be part of the job description of the yet to be hired Planning assistant or would it be through the Police Department. As to a time frame for a report and recommendation from staff, the Director of Development Services offered that this would be a joint effort with the City Attorney's office, that the process can be reviewed and a tentative schedule then reported to Council. I I Boyd moved, second by Campbell, to direct staff to begin the implementation of the process to design a Municipal Code infraction process. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried Boyd moved, second by Campbell, to direct staff to develop a recommendation with regard to after-the-fact building permits, and to bring forth a resolution to implement same in a timely manner. 2-8-99 AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried RESOLUTION NUMBER 4679 - PROCEDURAL RULES - CITY COUNCIL MEETINGS Councilman Boyd explained that the intent of this proposal was to make the agenda more functional and user friendly, eliminate the use of letterhead, and move the Agency meeting time, the other provisions of the Resolution were adopted prior to this Council. Councilmember Campbell made reference to Section 6, waiver of Reading, suggesting that the word "Council" be deleted from the last sentence to read "Any member of the public..." The City Attorney agreed with the suggestion, the public may request full reading, the Council then may accept or reject the request. Councilmember Campbell noted that pursuant to the wording of Charter Section 412 waiver of reading by the Council requires a unanimous vote, the waiver of reading requested by a member of the public requires a majority vote. Mayor Yost questioned the language of Section 9(c) "...shall not be interrupted when speaking unless it be to call him to order...", and Section 9(d), Closing Debate, asked if it does not require a two-thirds vote to close debate, and objected to close of debate by the councilmember moving the adoption of an ordinance or resolution. Suggestion was made that Section 9(d) be deleted. It was confirmed that except for proposed minor changes the provisions of this Resolution have existed for many years. I The Council expressed no objection to allowing brief comments from the public on this item. Mr. Reg Clewley, Catalina Avenue, said if the intent is to change the format of the Council agenda, the way the Planning Commission conducts its meetings should also be looked at, they are different. He also read the verbiage that is stated prior to an oral communication period at each meeting. He spoke of the Commission placing an item on their next agenda, yet that meeting was canceled, it will not appear on the next agenda, and staff has placed the item at the bottom of the list of items to be agendized, the Commission seems to not have the discretion to place items on a next agenda. Mr. Clewley stated his desire to make a slide presentation at the next Commission meeting, requesting that the projector and screen be in place, the deck issue on crestview needs to be dealt with in an expeditious manner. Councilman Doane said he had no problem with the Resolution as presented, as Mr. Shanks noted the issue of the Agency meeting time is not on this agenda, and he too concurs that the Agency meeting should be changed back to 6:45 p.m. not held at the conclusion of the Council meeting. The City Attorney explained that will require an action of the Agency not the City Council, noted however that the next Agency meeting will be shown as 7:00 p.m. to actually take place at the conclusion of the Council meeting, and by direction of the Council may be changed back to 6:45 p.m. at that meeting, there is no need to include in this motion. Agreement was indicated with the holding of Closed Sessions at the end of the meetings. I I Boyd moved, second by Campbell, to adopt Resolution Number 4679 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING PROCEDURAL RULES FOR CONDUCT OF COUNCIL MEETINGS" as amended to reflect corrected wording of Section 6 and deletion of Section 9(d). Direction was also clarified that the Agency consider revising the time of its meetings back to 6:45 p.m. I I I 2-8-99 AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried APPOINTMENTS ORANGE COUNTY REGIONAL AIRPORT AUTHORITY Doane moved, second by Boyd, to designate Councilmember Campbell as the representative to the Orange County Regional Airport Authority. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ORANGE COUNTY LIBRARY BOARD Boyd moved, second by Campbell, to designate Councilman Snow as the representative to the Orange County Library Board. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried , SEAL BEACH CABLE COMMUNICATIONS FOUNDATION Councilmember Campbell moved to appoint Ms. Audrey Kime as the District Four appointee to the Seal Beach Cable Communications Foundation. Mayor Yost seconded the motion. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried BLUE RIBBON BEACH COMMITTEE Mayor Yost said given the comments of the last meeting there appears to be momentum in the community with regard to beach and water issues and there are members of the community that have such expertise, he would prefer that a committee focus on water quality rather than beach erosion as identified on the agenda, this to be an informal committee, not a standing committee, it would be preferred that there be some involvement by the City of Long Beach, he has had some contact with officials of the County of Los Angeles and City of Long Beach inquiring if there is someone who would like to participate for the purpose of continued communication. Councilmember Campbell reported that she and Councilman Boyd attended the Orange County Coast Association meeting, she was given a video developed by the City of Newport Beach as to how they are dealing with trash coming from upstream Santa Ana River, Seal Beach a similar situation of upstream pollution to this City's beach. Councilman Doane asked if Mr. Simmons had been approached, the response of Mayor Yost was that he had not as yet however will be, possibly the interest of the City to put together such a committee can be publicized by the press for anyone having interest, then the Council can determine what the desired composition of the committee will be. Councilman Boyd indicated support for this idea, noted that there was a Beach Commission in the early 1990's, it is believed they started to look at some of the same issues, erosion, shoreline protection, water quality, etc., his concern would be to bring community members together and then have them frustrated because the City is unable to do anything to accomplish their goals, the issue here is money, his thought is that each member of the Council speak to their residents, solicit interest, discuss the issues, and then the Council can pursue any money that is available. Mayor Yost moved to open to the public an informal ad hoc committee with interest in water quality, beach cleanliness, 2-8-99 determine ways to achieve that and seek funding, the committee to report to the City Council. Councilman Boyd seconded the motion for the purpose of discussion. Councilman Boyd suggested that the Mayor and himself develop a mission for this group, give some direction, possibly with three specific goals. Mayor Yost said the first would be to achieve reasonable ways of measuring water quality, the coliform counts, an accurate quantification of trash on the beach, a financial accounting of how much is spent, second would be a means of achieving reimbursement from other entities, third would be to find ways to decrease the amount of trash that appears on the City's beach, mostly in the form of gross and floating waste, filtering is something he has been working on, the fourth goal would be to interface with the State, County, and larger agencies to assist with the process of legislation with regard to keeping the beach clean. Councilmember Campbell noted that there is a club at Los Alamitos High School that monitors the quality of the water once a month. Councilman Snow said he would hope that the committee would consult the Orange County Sanitation District on this problem, this was an issue discussed at a recent District workshop at which he had asked if there is a comparison between the San Gabriel and Santa Ana Rivers, there was some hesitation in a response because the San Gabriel has not been studied as has the Santa Ana, yet they have a number of recommendations as to the cleaning of the beaches, and he offered to provide further contacts in the future. Councilman Doane said he had provided the Council with a news article that he felt both Mr. Simmons and Mr. Anderson had made reference to, the article making reference to members of the Gateway Cities Council of Governments, that a group that Mr. Cologna of Long Beach met with, and perhaps a goal of this committee could be to see if Seal Beach could become part of that group. Mayor Yost noted that he met with Mr. Cologna, the Los Angeles Director of Public Works, and a Los Angeles County Supervisor and requested the name of someone who could participate on this committee for the purpose of continued communication. Mayor Yost extended an invitation to Councilman Boyd to prepare a mission statement for the committee if it is felt it would be helpful. Dr. Rosenman, 8th Street, noted that the Environmental Quality Control Board touched on this issue a couple of times, a representative from the Sanitation District and the Surfriders Foundation spoke to the Board, it may be of value to review the data of the Board first. With regard to the EQCB data, the Director of Development Services acknowledged that there is some information that was presented to the EQCB, said there are a number of efforts regarding the San Gabriel River involving federal agencies, they are being tracked, the Army Corps is doing a basinwide water plan for the entire San Gabriel River, the Los Angeles Regional Water Quality Control Board is doing a report on water quality issues in that area, the Environmental Protection Agency is setting water quality standards for the River itself, those to be in place sometime between now and year 2005, different time frames for the various water quality standards, considerably more information anticipated within the next six to nine months. The Mayor raised the question as to whether this issue should be placed in the hands of the EQCB or remain under the City Council, to that a suggestion was made that a report be forthcoming from the Development Services Director as to the past involvement of the EQCB, it was noted that the EQCB had expressed interest in this issue in the past yet are also involved in other matters, it would be a I I I 2-8-99 I policy decision as to whether there should be a separate body to consider the issue, it is not certain whether the Council would want to place this entire issue with the EQCB. Mayor Yost indicated support for a separate body in that his feeling is that there are separate attainable goals for these specific issues that are different from those that typically go before the EQCB. It was clarified that the intent for this committee would primarily be pollution rather than beach erosion, to which Councilmember Campbell said if it is to deal with pollution the issue should come under the auspices of the EQCB. Mayor Yost reiterated his motion to establish an ad hoc committee comprised of members of the public to deal specifically with water quality issues involving the San Gabriel River. Councilmember Campbell emphasized her viewpoint that water quality should be under the EQCB. Councilman Boyd stated again that the issues should be defined, determine what goals are attainable, that members of the Council should seek funding, obtain any data from the EQCB, from knowledgeable professionals in the community, and from Moffat & Nichol. AYES: NOES: Doane, Snow, Yost Boyd, Campbell Motion carried I 8th STREET PARKING LOT Councilman Boyd noted that the City is entering into a parking management phase, the off-Main and Heritage Square lots will soon be metered, and invited comments of the Council with regard to directing staff to monitor the 8th Street lot, check the soon to be metered lots for utilization, look at the diversion of merchant parking from those lots to the 8th Street lot, monitor the after hours parking in the 8th Street lot and that a report be forthcoming as to whether it is the merchants or public that utilize the after hours parking, this for the purpose of parking management for future parking needs. The Manager asked if it would be satisfactory to do windshield checks possibly three months after the meter installation with a status report to Council. Councilman Boyd pointed out that with the installation of meters in the two lots the merchants were then directed to park in either the 8th Street or the beach lots, his request would be that there be a windshield check a couple of times a week for utilization, between 5:00 and lO:OO p.m. as well. Mr. Stan Anderson, Balboa Drive, said he was not aware that the 8th Street lot was not going to be metered, therefore weekend utilization should be looked at also. It was the consensus of the Council to direct staff to monitor the lot parking as requested. I CONSENT CALENDAR - ITEMS "J" thru "Q" Boyd moved, second by Campbell, to approve the recommended action for items on the Consent Calendar as presented, except Items "J, K, L, M, N, and Q", removed for separate consideration. O. Proclaimed March 15th through March 21st as "Save Your Vision Week." P. Adopted Resolution Number 4685 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, URGING THE GOVERNOR AND LEGISLATORS TO PROHIBIT THE USE OF METHYL TERTIARY-BUTYL ETHER GASOLINE." 2-8-99 By unanimous consent, full reading of Resolution Number 4685 was waived. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "J" - WAIVER OF FULL READING Mr. Reg Clewley, Catalina Avenue, noted that the waiver of full reading is requested after the resolutions listed under Council Items, (Eagle Scout commendations), they should be read in full, in fact all resolutions should. He said the resolution establishing procedures for Council meetings does nothing, it does not address the Planning commission agenda, inquired if the Commission has the prerogative to place an item on the next agenda. Mr. Clewley claimed that over a year ago the Council directed that an item be brought back to them, staff agreed to do so in two meetings, it has not been done, a date to do so has not been set, yet the illegal deck issue needs to be dealt with. Mr. Clewley said he wanted all resolutions read. Councilman Boyd noted the reference to public comments, read the associated verbiage, explaining- that that language has been revised to call for placement on a 'future' rather than 'next' agenda, suggested that the Planning Commission may likewise wish to revise their agenda language, however agreed that there should be a timely resolution of issues. Boyd moved, second by Yost, 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. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEM "K" - DEMANDS ON TREASURY Mr. Clewley, Catalina Avenue, objected to paying $l20,000 for a consultant to tell the City which sidewalks need to be fixed, a lot of sidewalks, curbs and gutters could have been repaired for that amount of money. Also objected to payment of $120 for The Abbey ball caps. Councilman Boyd said he did not see where $120,000 was paid for consultant services to identify sidewalks in need of repair, and clarified that the total expenditures for the past two week period is $126,Ol8.72, that is not for consulting services. Boyd moved, second by Yost, to approve regular demands numbered 22198 through 22277 in the amount of $126, 018.72, payroll demands numbered 2417 through 2558 in the amount of $145,107.89, and authorized warrants to be drawn on the Treasury for same. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I ITEM "L" - WEAPONS SUPPORT FACILITY - RESTORATION SITES Councilman Boyd noted that this is a report from staff with a recommendation to receive and file, there are usually two or three on an agenda, this item is about forty-five pages, his suggestion would be that staff not place the entirety of such reports in the agenda packet, rather, the staff report provide a summary description, discussion, fiscal impact, and 2-8-99 I recommendation, the actual report remain in the City offices for review. He said although he is interested in the Weapons Station, to provide such a lengthy report for the movement of dirt from one location to another is felt to be unnecessary, a summary should be sufficient. Councilmember Campbell stated she wanted to receive full copies. The City Manager advised that a summary would make the preparation of the agenda packet easier yet staff does not want to provide insufficient information either. The Director of Development Services said in this case the request is for the Mayor to sign a letter in response to a particular document thus staff provided backup information so that the comments in the letter would be understood, and with regard to attachments there is notation that those documents are on file in the City offices, also, often there will be an executive summary that provides an overview of' the subject matter. He noted that some of the issues at the Weapons Station are quite technical however could have a future impact on the City, staff looks at this in the long term with regard to site cleanup, etc. and what might happen some forty to fifty years from now if the base should ever close and the areas are not properly remediated. Staff attempts to provide a reasonable amount of information as background to an issue. Councilmember Campbell reiterated her request for full copies, Mayor Yost requested full copies as well, and Councilman Doane noted that when something is pulled from the Consent Calendar the background information is necessary. Councilman Snow said from his experience with the Weapons Station he would agree that the documents should just be on file at City Hall. Councilman Boyd again requested that, from his personal standpoint, the number of pages of receive and file reports be limited as best they can. I Boyd moved, second by Campbell, to receive and file the staff report relating to the Draft Extended Removal Site Evaluation Report, Installation Restoration Sites 40 and 70, Naval Weapons Station, Seal Beach, that the Mayor be authorized to sign the response letter thereto, and that a copy of the letter be forwarded to the Environmental Quality Control Board. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I ITEM "N" - ANNUAL FINANCIAL STATEMENTS - CITY and REDEVELOPMENT AGENCY Councilmember Campbell referred to page thirteen, second paragraph of the Redevelopment Agency Statement, Lease Payments Receivable Under Operating Lease, to which the City Manager explained the statement is in reference to Zoeter Place, the prior leaseholder. Councilmember Campbell questioned why the interest owed would be waived in 2004, to that the Manager said this property was in a distressed situation, the Agency was not receiving income and was obligated to payment of the debt to the School District, this was a negotiated transaction that benefitted the Agency as well as the party that the Agency had a strong interest in entering into agreement with, in 2004 the master leaseholder has the option to acquire the City's interest in the property at fair market value. Councilmember Campbell referred to page fourteen, note twelve, Residential Mortgage Revenue Bonds, inquiring if the Bonds are in default. The Director of Administrative Services confirmed that they are, the way these bonds are structured the interest is not catching up to the bond holder payments, explaining that there is only one 2-8-99 outstanding mortgage that can not sustain the bonds, this is in no way reflective upon the City or the Redevelopment Agency, it is a separate entity, and there is no obligation for the City or the Agency to make these bonds whole. Councilmember Campbell referred to the Financial Statement of the City, page five of the introduction, inquired how many of the forty part-time employees are at City Hall, the Administrative Services Director replied about ten, it was confirmed that the forty seasonal part-time employees are in the Lifeguard Department, also that the vacant positions in the Planning and Lifeguard Departments will be filled. Under the title of Reporting Entity, Councilmember Campbell noted the last sentence, "the City may impose its will on the component units, including the ability to appoint, hire, reassign or dismiss management", to which she asked if the "City" is the Council, Manager or both, the reply was the City Council. Councilmember Campbell then directed attention to page eighteen, the Organizational Chart, noted that the Police Department was not shown, also, the City Clerk is shown as stemming from the City Council, that is incorrect as that is a separately elected position and should be shown as directly from the people of Seal Beach. On page eight she made reference to the statement "implemented an automated complaint management system for the department", to which she inquired as to what department, the reply was Public Works, to which councilmember Campbell inquired as to the system. The Director of Public Works said it is to service inquiries from the public requesting information, explaining there is a computer program that routes an incoming call into a form to a specific individual, that item stays on the books until it is resolved or there is a response. Councilmember Campbell noted the item on page nine with regard to the 4th of July celebration and inquired of Councilman Boyd the status of funding for the upcoming year, to which he responded that there has been a subcommittee meeting of representatives of the participating cities, a search for funding has begun to allow Seal Beach to participate financially, to reduce the burden on the tax payer with private funding, another meeting to be held in about a month. Councilmember Campbell said she would pose any further questions directly to the Finance Director. BOy~ moved, second by Yost, to receive and file the Annual Financial Statements for the City and Redevelopment Agency. I I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEM "N" - EQCB COMMENT LETTER - RULE 1401 - SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Councilman Boyd stated this is the same issue as Item "L", a receive and file item however the Council did not receive the backup report consisting of sixty-eight pages as a result of good judgement by the Development Services Director. Boyd moved, second by Snow, to receive and file the staff report relating to the comment letter from the Environmental Quality Control Board to proposed Amended Rule 1401, New Source Review of Toxic Air Contaminants staff report and Draft Environmental Assessment, South Coast Air Quality Management District. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ORDINANCE NUMBER l443 - DAYTIME CURFEW AMENDMENTS The City Attorney explained that the existing ordinance 2-8-99 I relating to curfew was adopted about two years ago, drafted by the District Attorney with input from the police departments in Orange County, there were some comments of opposition, however the Council adopted the curfew regulations on a trial basis. He noted that the ordinance was patterned after that of the City of Monrovia, their ordinance subsequently challenged by a home schooling group in Virginia, the trial court recently ruled to throw out the ordinance because of certain amendments to the Education Code, specifically Section 48205, that were not included in the ordinance, the judge however made no ruling on the constitutionality of the ordinance or preemption issue, both of those issues having been raised before this Council, the basis for the ruling was that Section 48205 was amended in 1998 and the Monrovia ordinance did not include those provisions. The Attorney stated an ordinance amendment has been drafted for Council consideration to include the provisions of 48205 as exceptions to the daytime curfew, reasons for minors to be absent from school. Mr. Reg Clewley, Catalina Avenue, stated this ordinance needs to be tightened, as stated, the ordinance on which it was modeled has been thrown out, there is need to monitor the gathering of minors of three or more, there needs to be a dress code which would prohibit any gang-like attire during daylight hours, and minors out of school need to wear a well displayed pass for the police to read at a distance. Mr. Gordon Shanks, Surf Place, recalled his opposition to the curfew ordinance when first considered, it may sound reasonable but he still opposes it. He said first of all this is a beach community, there are year-round schools in surrounding communities, the school district serving Seal Beach is on a semester basis, this is not necessarily a police function, it should be a concern of the school officials, they are the ones who want to raise school attendance, also, they know who the truants are, most problems would likely be with kids from outside the school district and during the summer months. Mr. Shanks spoke for less, not more, laws, get rid of them, they are not enforced unless someone wants to make an example. Suggestion was made to possibly table this until the next meeting to allow a response from the Police Chief as to how many juveniles were detained prior to the curfew ordinance and how many since enactment. It was pointed out that the Main Street merchants supported the ordinance because there were problems, there were problems at the beach, there where youths from other cities like Long Beach that has the daytime curfew coming to Seal Beach, the fact that Seal Beach no longer has the problems may be because Seal Beach now has the ordinance too. Councilman Boyd attributed the fact that there is no longer a problem with juveniles in groups of three or more to the presence of a police substation at the pier, it is not necessarily the ordinance that resolved the problem. I I Boyd moved, second by Doane, to continue this matter until the next meeting. The City Attorney acknowledged that the Council has the discretion to continue this item, however explained that the proposed ordinance provides more exceptions to the existing ordinance, given the comments at this meeting it is possible the Council may wish to reconsider the entire ordinance. He mentioned that should the motion pass, he would advise the Chief, in view of the Monrovia ordinance, that the existing ordinance not be enforced until such time as a change is made. The City Attorney noted the options of the Council would be to continue this matter or hold first reading and bring back the 2-8-99 entire ordinance at the next meeting. councilman Boyd withdrew his prior motion, moved to approve first reading of Ordinance Number 1443 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION l5-5.6 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO EXCEPTIONS TO DAYTIME CURFEW REGULATIONS." Mayor Yost requested that the motion be amended to request a report from the Police Chief as to curfew statistics, bring back the existing ordinance for consideration, and seconded the motion as amended. I AYES: NOES: ABSTAIN: Boyd, Campbell, Doane, Yost None Snow Motion carried If the existing ordinance is to be reviewed, Councilmember Campbell recommended that the Los Alamitos School District be notified thereof at the earliest time, as they strongly supported adoption of the ordinance, and requested to be copied on the written notification. PETITION - POLICE MANAGEMENT ASSOCIATION The City Manager reported that as part of the recent reorganization of the Police Department a team building program has been ongoing, as a result there is a request by the Police Sergeants, Lieutenants, and Captains to form a Management Association. Presented to Council is a Petition for Recognition of Bargaining Unit and Employee Organization, the recommendation is for the Council to afford that recognition. To a question of Councilmember Campbell, the response was an uncertainty as to the identity of the individual or firm associated with the mailing address contained in the Petition. Councilman Boyd inquired if the entire Council packet relating to this matter had been distributed to the public as there were attachments to the petition containing information felt to be confidential to those petitioning employees. The City Clerk responded that she was uncertain as the petition had not been filed in her ,office. Members of the press removed the referenced pages from their agenda packets and returned them to the City Clerk. Boyd moved, second by Campbell, to recognize the Police Management Association bargaining unit and employee organization. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried CITY MANAGER REPORT with the coming of St. patrick's Day on March 17th, the City Manager reported that the Police Department is scheduling a meeting with tavern owners on Main Street to assure a safe and sane St. Patrick's Day and that their businesses are successful as well, there is considerable cooperation. He reported the parking meters are scheduled to go into the off- Main lots on wednesday. I CITY ATTORNEY REPORT The City Attorney reported a court appearance last week requesting a prompt hearing date relating to the lawsuit filed by the City of Los Alamitos on the Bixby project, the plaintiff opposed claiming they did not have adequate time inasmuch as Seal Beach did not prepare the administrative record in a timely manner, the judge determined and complimented the City for its timely preparation of the administrative record, a compliment to the City Clerk, the 2-8-99 judge then denied a motion to continue the matter, the hearing date is May 19th. I ORAL COMMUNICATIONS Mayor Yost declared Oral Communications open. Mr. Reg Clewley, Catalina Avenue, referred back to Resolution Number 4679, the Council procedures, said of concern is that he does not have the opportunity for rebuttal before a vote is taken on an issue, it is said the rules are being expanded to allow the public, commission, or Council to ask that a matter be placed on a future agenda rather than the next agenda, that discretion then placed with the staff, it should be the next agenda. Mr. Clewley said that is a problem in that the Planning Commission requested that the matter of rear yard decks be placed on the February 3rd agenda, that meeting was canceled, the issue is not planned for the February 17th agenda, stated he has a slide presentation for the 17th meeting, emphasizing that he wanted the item on that Commission agenda. There being no further comments, Mayor Yost declared Oral Communications closed. I COUNCIL CONCERNS Councilman Snow reported his attendance at a recent Sanitation District meeting during which a subject was brought up and discussed, similar to the report of the City Manager on January 25th, with regard to deferral of projects which could mean additional risk, delay of rehab and replacement said to increase the risk of failure and cost of rehab, delay of capacity related projects increases risk of permit violations, spills, and jeopardizes labor. He said it is good to see that the City Manager is in the same league as the Orange County Sanitation District. Councilman Doane announced the new Greater Seal Beach Business Directory, complicated the publication, it is being placed in the public safety offices and will eventually be distributed to all of Seal Beach. Councilmember Campbell announced that Mrs. Fillman of the Planning Department has been moved to the Police Department, her association with Planning has been for twelve years, she did fine work, to which Councilmember Campbell noted that she will be missed and wished her success. She pointed out that the associate planner position has remained vacant for seven months, Mrs. Fillman has been moved, Bixby and Hellman will soon be going through the City, there is no one in the Planning Department with the exception of the Director that have any history, of concern to her will be the legal documents, not with what is written rather what is not written, there are also concerns with Code enforcement. Councilmember Campbell said she hoped this does not mean that Planning will be contracted, the loss of two people with knowledge of background is critical. The Manager responded that that Department will be staffed and most likely do an even better job than in the past. Councilmember Campbell mentioned prior discussion with legal counsel relating to the engineering of driveways for the Bixby project, to which she inquired of the City Manager when that will be dealt with. The response of the Manager was that it is being worked on with the traffic engineer through Bixby. Councilmember Campbell noted at the last meeting she had alluded to discussion at the League of the issues facing cities in the next twenty years, besides infrastructure, which is felt to be the number one problem facing cities, following in the order of importance was traffic congestion, housing, education, the EI Toro airport conversion, problems for the elderly, water, and blighted neighborhoods. Councilman Boyd announced his upcoming town hall meeting on I 2-8-99 March 9th in the Council Chambers to discuss three primary issues, the budget, how the City spends its tax dollars, public works projects including some beach issues, and an update of legislative issues at the federal, State, and County levels. The budget is forthcoming, there is need for further strategic planning, for capital improvements, the needs of the City, as well as the financial demands and means of meeting those. He requested this placed on the agenda, that two members of the Council work on those issues with staff. He mentioned that the Council receives bi-weekly reports from the City Manager which assists the Council in reaching its goals, he would request that that continue. Councilman Boyd referred to the Orange County Fire Authority, the agency with which the City contracts for fire and EMS services, the Authority undertaking an equity study to determine if all members of the Fire Authority are paying their fair share, paying too much or too little, this is a contentious issue, some cities in the likes of Irvine pay as much as $5 million too much, other pay as much as a million dollars too little, at a recent Board meeting language was crafted to keep the study from going awry, under the current structure Seal Beach will have no net loss or gain, yet it will likely be another four to six months before there is a final decision by the Authority. Updates to the Council will continue. with regard to City Manager updates, Councilmember Campbell was assured she will be receiving them. Mayor Yost reported that the Coastal Commission approved the findings for the Hellman project at their meeting in San Diego, dealings with the Coastal Commissj,on are now concluded, there are two lawsuits pending on the property, this is the best project for that property to ever come before the City and the City has wholeheartedly supported it. He noted inquiry by some residents as to the showing of Turner classic movies and the travel channel by Comcast, and asked how such requests are dealt with. The Manager suggested they be forwarded to his office and they will in turn be forwarded to Comcast, the decision is up to Comcast. Mayor Yost offered that possibly a petition or letters of interest in certain programs maybe helpful. Councilmember Campbell said she has had requests for Fox Sports 2. Councilman Doane mentioned that he has just realized that the cable contract for Leisure World is different in so far as Leisure World does not get certain premium channels as do other areas of the community. In response to an inquiry of Councilmember Campbell with regard to the Comcast billings no longer being itemized, the Assistant to the City Manager said to his knowledge the lack of itemization was an error and that they will be returning to that format, however have not provided a time line to do so. with regard to the balcony and encroachment issue on Main Street, Mayor Yost requested that the Planning Commission take up that issue to determine if there needs to be a change in the ordinance and whether this is a precedent that is desired to be set. Councilman Boyd agreed that that issue needs to be addressed, however expressed his belief that it is the Public Works Director that makes the decisions as to whether or not an encroachment into the public right- of-way is allowed. Mayor Yost said he suggested the Commission as that is the body who traditionally reviews plans, his intent is to make such an issue easier should something similar come to the City in the future, specifically along thoroughfares, walkways, areas enjoyed by the public. The Director of Public works said most things within the public right-of-way are under the Public Works Department, and offered to work with the Planning Director to see if the issues can be resolved. I I I 2-8-99 / 2-22-99 I CLOSED SESSION The City Attorney stated pursuant to Section 54956.9(a) of the Government Code, the Council would meet in Closed Session to discuss existing litigation, cited on ,the agenda as the Lupash case, OCSC Case 70 36 62, and pursuant to Section 54956.9(b), discuss three potential cases. By unanimous consent, the Council adjourned to Closed Session at 9:35 p.m. and reconvened at 11:21 p.m. with Mayor Yost calling the meeting to order. The City Attorney announced that the Council had discussed the items on the agenda, gave direction to the City Attorney, and no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 11:23 p.m. Approved: t Attest: I Seal Beach, California February 22, 1999 The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Mr. Dorsey, Assistant to the City Manager Ms. Beard, Director of Recreation and Parks Ms. Yeo, City Clerk APPROVAL OF AGENDA Mayor Yost requested that Item "G", Professional Services Agreement, be tabled. Question was raised if the intent is to table or to discuss in Closed Session. The City Attorney