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HomeMy WebLinkAboutCC Min 1998-09-14 9-14-98 Seal Beach, California September 14, 1998 The regular adjourned meeting scheduled for 6:30 p.m. this date was canceled. I Seal Beach, California September 14, 1998 The City Council of the city of Seal Beach met in regular session at 7:05 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brown Councilmembers Boyd, Campbell, Doane, Yost I Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk Mayor Brown extended an apology inasmuch as some people had been informed that the Council might not return from a gathering until about 7:30 p.m. The Mayor requested that the presentation to Captain Maiten and introduction of Captain Schaefer be postponed until their arrival. PROCLAMATION Mayor Brown proclaimed October 4th through the 10th, 1998 as "Fire Prevention Week", emphasizing this year's theme of "Fire Drills - The Great Escape." A representative of the Orange County Fire Authority accepted the Proclamation with appreciation and urged all to develop and practice a home fire escape plan. I APPROVAL OF AGENDA Councilman Yost requested that Council Concerns be moved to the beginning of the meeting, and Councilmember Campbell requested that Item "H" be removed from the Consent Calendar for separate consideration. Boyd moved, second by Campbell, to approve the order of the agenda as revised. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried 9-14-98 ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Ms. Carla Watson, Catalina Avenue, announced upcoming Founders Days activities, the Concert In The Grove, September 27th in Gum Grove Park, Golf Tournament on October 2nd, tee-off at 2:00 p.m., sponsorship of a hole being $25, October 3rd the parade on Main Street and the Day On The Green, 11:30 a.m., activities on the Green Belt throughout.the day with a Concert In The Park from 4:00 to 5:00 p.m., a Happy Days sidewalk sale, street faire and band as well, a bowling tournament on October 10th, volleyball tournament on October 25th, and invited all to participate and enjoy. I COUNCIL CONCERN Councilman Yost reported that this past week the California Coastal Commission voted six to five to approve the Hellman project, a significant hurdle for the project, however there are other things that remain to be done, permits to be approved. Councilman Yost extended appreciation to Gwen Forsythe for her efforts in support of the Hellman project for the past decade, which started with MOla, she faced an $11 million lawsuit, threats to she and her family's safety, appreciation also to the citizens of Seal Beach. He said in talking to the Commissioners it was clear to them that the community was in favor of the project, the letters, the presence of the Councilmembers and ex-members at the meeting, that made an impression and a difference. He concluded that it is believed to be an environmentally sensitive project, it is the best project ever for that property, it is hoped the project will move ahead, and this is a cause for celebration. Mayor Brown added his thoughts that this is a major accomplishment, in the future the community can look out over the site at a golf course and the restored wetlands, also, the golf course is identified as an area that someone could come forward and purchase in the future for restoration as entire wetlands. I PRESENTATIONS CAPTAIN MAITEN - 30 YEAR EMPLOYEE Mayor Brown presented a commemorative tile plaque to Captain David Gary Maiten in recognition of his thirty years of employment with the City. Captain Maiten accepted with appreciation, in turn introduced his mother, wife, daughter, and daughter-in-law, of which a photograph was taken with the Mayor. The Captain noted having been sworn as a reserve some thirty-one years ago, said the Department and the City has been of great importance to him, and expressed his pleasure with coming to work each day. Chief Sellers described the Captain as having a positive attitude, bringing a perspective of police work to the City, a senior employee who has just completed his studies for a masters degree. Appreciation was expressed to Captain Maiten for his years of service to the Seal Beach community. I INTRODUCTION - CAPTAIN SCHAEFER Chief Sellers introduced the new Police Department Captain, John Schaefer. He explained that Captain Schaefer began his career twenty-four years ago in the City of Cypress where he served in a variety of command positions, and his appointment as Captain completes the leadership team of the Police Department. Captain Schaefer said it is an honor to come to a community like Seal Beach, to work with a Captain having thirty years of experience, and expressed appreciation for 9-14-98 this opportunity. I ORAL COMMUNICATIONS Mayor Brown reopened Oral Communications. Ms. Annelle Aviani, 3rd Street, introduced herself as the current president of the Friends of the Animal Care Center. Ms. Aviani referred to a message conveyed to their City liaison by a sergeant at the Police Department informing that a limit of the cat and dog population at the Center was forthcoming, that the Animal Control Officer would determine which animals were adoptable and those that were not, those determined to not be adoptable would be removed from the Center and destroyed. Ms. Aviani claimed this to be the third time this demand has been given to the Friends, the past times the Mayor and Councilmembers were contacted and when the Police Department was confronted they denied that this directive had been made to the Friends. She said such threats undermines the meaning of their Care Center, causes stress for the volunteers, the Friends are a self-supporting group that raise nearly $200,000 per year through private donations, membership fees, and fund raisers, that pays for the care of all of the animals and other expenses, the Friends only ask that they be left alone to do the job they do well. With regard to Animal Control, said she was surprised to learn that the cost of the two officers is $170,000 per year, said she spoke with her Council representative with regard to considerations to reduce those costs, one option would be to contract with Los Alamitos even though that would place more pressure on the Care Center, that would require the City to expand the capacity and additional care attendants would be needed, another option would be to contract with an outside animal control agency such as Orange County, the concern with contracting however is that someone at the Police Department might determine that the Center is at its capacity and the animals would be moved to the County without their knowledge, which would be of great concern for Seal Beach pet owners as their animals would likely be destroyed before they could locate them. Ms. Aviani suggested a part time Animal Control Officer supplemented by volunteers, possibly the City and the Friends could develop a volunteer concept similar to the program of the Police Department for volunteer animal control officers. She concluded that the Friends of the Care Center want to work in harmony with the City, they are dedicated citizens that give thousands of hours of work because they believe in what they do, also, a group of verbal, high profile people when it is felt animals are at risk. In response, Councilman Yost pointed out that the shelter is in his Council district, his belief is that the Center is representative of what Seal Beach is, the volunteers are from all districts of the City, the program is self-sufficient, offered his support of the Center, if the desire is to remain a no-destroy shelter his position is that it will remain just that, and mentioned that the request for a dog run has not been forgotten. Councilman Boyd noted that during budget discussions the City Manager had been requested to prepare an economic analysis of animal control retention, how animals are picked up, patrols, etc., that did not relate to the Care Center, and it is believed that the consensus of the Council would be to support the Center to a greater degree if there were extra monies to do so. Councilman Boyd quoted a comment from a communication of Alan Shields, Catalina Avenue, that the Center 'has been a shining tribute to the type of people who inhabit this city.' He pointed out that this is a cause that everyone believes in, something that people agree on, the Center represents the best of Seal Beach, the analysis I I 9-14-98 requested was for the Animal Control function, the Center is a separate self-supporting program, and the Friends will be advised of any future decisions. The Mayor mentioned that he speaks of the shelter and its policies with pride when speaking with representatives of other cities. Councilmember Campbell conveyed her concern with any possibility of contracting for animal control services where there is the possibility of pets ending up in a facility elsewhere. Ms. Fran Johnson, Coastline Drive, commended Captain Maiten for his caring of animals. To her inquiry as to when the adopted budget would be in the libraries, the response was most likely several weeks. Ms. Johnson expressed appreciation for the shelter, and expressed her opinion that if there were outside animal services the care for the animals would be lost, there needs to be some compromise for local control. In response to a comment of Councilmember Campbell with regard to a mutual past experience, Ms. Johnson said she would like to see the Police Department again develop self- defense programs for the public. Ms. Jane McCloud, Balboa Drive, said she is the co-chair of the Gum Grove group, and invited all to attend the Concert In The Park on September 27th featuring jazz and contemporary music, a kickoff of the Founders Day festivities, underwritten by the Edison Company so that the proceeds can be directed to Gum Grove Park improvements, more resourcing and an emergency irrigation system, and reported that the longhorn borer is now under control. Mr. Lance Whitewolf, Electric Avenue, said he was present to represent the members of the Recreation Department softball league, requesting that the Recreation Department reconsider its decision to move some of the games from Zoeter Field to the Naval Weapons Station, for the reasons that family and friends may have difficulty accessing the facility on the Base to watch and cheer for their teams, that substitute players will have difficulty entering the Base on short notice, and the local merchants have expressed reservation about sponsoring teams who may not frequent the local establishments after games once they are on the Base. From his personal experience said for people not familiar with military operations and procedures, there will likely be difficulties and hardships. Mr. Whitewolf submitted signatures of approximately one hundred people in support of this request and of neighbors of Zoeter Field indicating that there is no concern with noise or traffic from the games currently held there. Mr. Gordon Shanks, Surf Place, said he understood that the Council had attended a function prior to this meeting, had been informed that the meeting would possibly not commence until a half hour late, to which he stated that when an agenda calls for the meeting to begin at a certain hour the Council should be present. With regard to animal control, Mr. Shanks recalled significant problems with Orange County services some twenty-four years ago, subsequently a cat lease law was proposed which made this City a laughing stock, and cautioned that this is a sensitive issue to the community. He suggested that before any consideration is given to reducing animal control services, and should the Hellman project be approved to move forward, said there will be more little animals relocating from that site than can be imagined which will require as much animal control as possible. There being no further comments, Mayor Brown declared Oral Communications closed. I I I COUNCIL ITEMS LEAGUE OF CALIFORNIA CITIES CONFERENCE - VOTING DELEGATE Mayor Brown recommended that Mayor ProTem Campbell be the 9-14-98 voting delegate of the City at the 100th Annual League of California Cities Conference, and that Councilman Boyd be the alternate voting delegate. The Council agreed by consensus. I CONSENT CALENDAR - ITEMS "D" thru "I" Boyd moved, second by Yost, to approve the recommended action for items on the Consent Calendar as presented, except Item "H", removed for separate consideration. An abstention vote of Councilman Yost on Item "F" is hereby noted. D. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers unless specific request is made at that time for ,the reading of such ordinance or resolution. E. Approved regular demands numbered 20655 through 20751 in the amount of $256,833.45, payroll demands numbered 686 through 1057 in the amount of $347,189.93, and authorized warrants to be drawn on the Treasury for same. F. Approved the minutes of the June 22nd, 1998 regular meeting. G. Ratified the 1998/99 West Orange County Water Board budget. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "H" - RESOLUTION NUMBER 4651 - OPPOSING 1998 ELECTRIC UTILITY PROPOSITION Councilmember Campbell made reference to Resolution Number 4651 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH IN OPPOSITION TO THE 1998 ELECTRIC UTILITY PROPOSITION", noted this is also referred to as Proposition 9, which is said to be seeking to dismantle California's new competitive electricity market place, and by repealing major provisions of the new law this proposition creates an uncertain climate for local governments and school districts that have signed contracts while still exploring their options. Mr. Jerry Dominguez, resident and representative of Southern California Edison, stated he was present to represent the 'no' on Proposition 9 committee, that being stockholder money, also expressed the pleasure of Edison to host the upcoming Gum Grove Concert. Mr. Dominguez made reference to AB 1890, a bill two years in the making, signed by the Governor last year and implemented January 1st, since then $6 billion of bonds have been sold in order to reduce the interest on their long term debt for facilities, the average interest was about nine and a half percent, reduced to about six and a half with the bond sale, which results in a savings to the rate payers of about a billion dollars, that had been part of the mechanism to reduce rates of residential and small businesses by ten percent. He reported that Proposition 9 obtained the required number of signatures to be placed on the ballot, it attempts to come up with a plan for a twenty percent reduction of customer rates, also disallow some of the long term debts that are being attempted 9-14-98 to recover. Under the terms of the agreement with the State, State Infrastructure Bank, if the bonds are disallowed it then becomes a debt of the State of California and the tax payers would be liable for the $6 billion debt. Mr. Dominguez said at this time the only organization that has endorsed this proposition is the League of Women Voters, there are about ten pages of organizations opposing the proposition, the lead organization being is the California Chamber of Commerce, and diverse organizations such as the California Taxpayers Association, Financial Resources Defense Council, the California Labor Federation, various environmental, business, and nonprofit groups, and now, given the seriousness of the bond issue, cities are being requested to adopt resolutions in opposition to Prop 9. He mentioned also that August 18th League of California Cities release points out that by impairing the collection of bonds already sold, Prop 9 could adversely affect the ability of cities and municipalities to sell their own bonds due to an increase in perceived risk associated with the California initiative process, already, the State's leading bond counsel has identified potential credit and bond rating problems should Prop 9 pass. Mr. Dominguez provided individual opposition forms which he requested the Council complete and return, as well as citizens. In reference to the California initiative process, he cited it as being scary, four hundred fifty thousand signatures can place anything on the ballot, make any kind of promise, yet does not provide for how something will be paid for. I Boyd moved, second by Campbell, to adopt Resolution Number 4651 as presented. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried I Mr. Roger West, Electric Avenue, stated he would take the position of the League of Women Voters over the Edison Company anytime, Edison is not funding the Gum Grove activity because they love the public, it is because they want to save their profits. This proposition was a consumer initiative of the public through great effort, their opposition is an attempt to maintain profits at higher rates and to have the public pay for their errors with regard to nuclear power plants, and apologized that the Council is not being better informed. PUBLIC HEARING - LOCAL LAW ENFORCEMENT BLOCK GRANT - 1997 Mayor Brown declared the public hearing open to consider the acceptance and appropriation of grant funding under a Local Law Enforcement Block Grant made available by the Bureau of Justice Assistance. The City Clerk certified that notice of the public hearing had been advertised as required, and reported receipt of no communications relating thereto. Chief Sellers presented the staff report, noted the grant allocation to Seal Beach is $19,433 and is proposed to be utilized to fund a part-time clerical assistant to process backlogged paperwork that continues to be at overload capacity due to staffing cutbacks in recent years. There being no public comments, Mayor Brown declared the public hearing closed. I Doane moved, second by Boyd, to accept and appropriate the Local Law Enforcement Block Grant of $19,433 as proposed. 9-14-98 AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried I PUBLIC HEARING - LOCAL LAW ENFORCEMENT BLOCK GRANT - 1998 Mayor Brown declared the public hearing open to consider the acceptance and appropriation of grant funding under a Local Law Enforcement Block Grant made available by the Bureau of Justice Assistance. The City Clerk certified that notice of the public hearing had been posted as required, and reported no communications received relating thereto. Chief Sellers presented the staff report, explained that the grant allocation to Seal Beach is $23,579, $20,000 is proposed to be utilized to procure equipment technology, the 800 MHz radio system, and $3,579 for overtime pay of existing personnel. He noted also that this grant period is from October 1, 1998 to September 30, 2000. There being no public comments, Mayor Brown declared the public hearing closed. Boyd moved, second by Doane, to accept and appropriate the Local Law Enforcement Block Grant of $23,579 as proposed. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried RECONSIDERATION - CONSENT CALENDAR Councilmember Campbell requested to comment on the Demands on the Treasury, and moved to reconsider the Consent Calendar. Councilman Boyd seconded the motion. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried DEMANDS ON THE TREASURY Councilmember Campbell inquired as to the payment to Seal Beach Car Wash, $710, $660 being Police Department charges to which she asked how many washes that would be or number of cars. Chief Sellers said he believed there are eighteen cars in the fleet, these are the vehicles that the police personnel drive and work out of, they are cleaned as needed. Mayor Brown asked that the Chief look into this to assure it is being handled appropriately. To the comment that it is believed other vehicles are washed as well, Councilmember Campbell broke down the expenditure as $616, Police Department, $25, Animal Control, $15 for City Manager, $5 for Public Works, and $5 for Building and Safety. In response to an inquiry by a member of the audience with regard to child care payments, it was explained that those are federal Housing/Community Development Block Grant funds, this a program whereby the recipients have made application for subsidy funding, it is also understood this is the final year the federal government will offer this program. Campbell moved, second by Boyd, to once again approve the recommended action for items on the Consent Calendar. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried PUBLIC HEARING / ORDINANCE NUMBER 1434 - ZONE TEXT AMENDMENT 98-1 - REGULATIONS - POLITICAL SIGNS - RESIDENTIAL NEIGHBORHOODS Mayor Brown declared the public hearing open to consider permitted signs in residential zones. The City Clerk certified that the notice of public hearing had been advertised as required by law, and reported no communications received relating to this item. The Director of Development 9-14-98 Services presented the staff report, recalled that this item had been before the Council in July, upon the recommendation of the City Attorney had been referred to the Planning Commission for public hearing to consider amendment of certain provisions of the Zoning Code with regard to the number and types of signs that can be posted in yards, and the Commission has recommended adoption of the amendments as I proposed. In response to Councilmember Campbell, the Director said as the Code is interpreted a back to back sign would be considered to be one sign, also, with regard to the RHO zone, the City Attorney explained that as the Code is written signs permitted in the low and medium density zones are also permitted in the high density zone, the same provisions apply. Mayor Brown invited members of the public wishing to address this item to come to the microphone and state their name and address for the record. Mr. Reg Clewley, Catalina Avenue, charged that this a work item for the City Attorney office, there have been no sign problems, however there will if this is passed, specifically with the removal of political signs after an election, and claimed that the revised ordinance is not necessary. To the question as to whether a limitation can be placed on the length of time signs can be left up, the City Attorney advised that it can not as a result of court decisions. In response to a comment of the speaker, Councilman Boyd said that this revision was not generated by the City Attorney, rather it was the Council and staff, and suggested that if these provisions are enacted then ther~ should be Code enforcement. Mayor Brown asked who is going to be the enforcer. Councilman Boyd said he was not certain I if there is a Code enforcement designee for Seal Beach, his understanding is that in most cities a Code Enforcement Officer has citation powers. The Development Services Director explained that this issue deals with the Zoning Code therefore falls within the authority of the Planning Department, the procedure upon complaint is to contact the individual to seek resolution, if that does not resolve the matter then it is pursued further. Councilman Boyd suggested that this may be the time to pursue a Code enforcement program and that citation powers be granted to the enforcing individual. The Mayor requested that the Manager look into such program. Councilmember Campbell said this issue was originated by her as a result of a large political sign hung across the front of a College Park East home during the time of election, a number of people objected, yet it was necessary to wait until after the election to address this matter. Mr. Clewley said Code enforcement can be done through the Police Department. Councilman Yost expressed his preference for no signs, however one must abide by the law. Mr. Jerry Dominguez mentioned that the City of Westminster has a very effective Code enforcement program. Ms. Carla Watson said there may be a correlation between what seems to be the larger the signs the less chance of being elected, a I small town, small signs. There being no further comments, Mayor Brown declared the public hearing closed. Campbell moved, second by Boyd, to approve the introduction of Ordinance Number 1434 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING ORDINANCE) OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO PERMITTED SIGNS IN RESIDENTIAL ZONES (ZONE TEXT AMENDMENT 98-1)." By unanimous consent, full reading of Ordinance Number 1434 was waived. 9-14-98 AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried I CITY MANAGER REPORTS With regard to the use of the Naval weapons Station for softball leagues, the Manager stated there is a shortage of ball facilities in this area of the community, the Naval Weapons Station was generous in allowing some teams to play on their facility, this arrangement was not meant to replace ball play elsewhere, there was assurance that access will be provided, and it should be given a try. ORAL COMMUNICATIONS There were no Oral Communications. I COUNCIL CONCERNS Councilman Doane made reference to his comments at the last meeting with regard to the Leisure World Shopping Center, the vacancies and potential vacancies, to which he reported his investigation showed he was incorrect with regard to the restaurant, the owner is going forward and it will be opened. With regard to DalJe said his remarks were misinterpreted as that business would be closing, they are not, however their rent was increased not $700 but by" $1,000, the Chicken pie Shop too received a $400 increase, this is not indicative of inflation, rather landlord greed, that is why some businesses are being forced out, which is distressing. He noted that DalJe is seeking to overcome the opinion that their services are only directed to senior citizens as they have many customers that are of a younger generation. It was said they also have a good barber. Councilman Yost reported receiving a letter from a Comcast subscriber objecting to the recently imposed charge for the Valuepak programs where that was previously part of the basic service, and requested the City Manager look into that. Councilman Boyd thanked everyone who either traveled to or wrote letters to the Coastal Commission meeting in Eureka for the Hellman hearing. He said he and Councilman Yost are announcing a public information session on October 12th in the Council Chambers to review ways to improve the neighborhood of Central Avenue between 2nd and 4th Streets, certain traffic calming ideas. Councilmember Campbell directed her comments to the Eureka trip as well, the Hellman item was trailed and not heard until 3:00 p.m., discussions continued until about 9:00 p.m., there was no indication as to how the votes would go, finally the motion, as conditioned, was passed by six to five. She emphasized her belief that what made the difference was the fact that the community was in support of the project, that was one factor of the swing vote, the Chairman. Mayor Brown directed his comments to whomever will be organizing the Christmas Parade, announcing that he has invited Tim Conway, Jr. to be in the parade, he in turn said he may bring his father, Tim Conway, also, a letter has been sent to Mark McGwire inviting him to be the Parade Grand Marshal. I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the item identified on the agenda, pursuant to Government Code Section 54956.9(a), an item of existing litigation, Lockley versus City of Seal Beach. By unanimous consent, the Council adjourned to Closed Session at 8:30 p.m. and reconvened at 9:07 p.m. with Mayor Brown calling the meeting to order. The City Attorney reported the Council had discussed the item previously identified, and gave direction to its special counsel. 9-14-98 / 9-28-98 ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until September 28th at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 9:08 p.m. rd icio clerk Beach I Approved: ~j3~ Attest: Seal Beach, California September 28, 1998 The City Council of the City of Seal Beach met in regular adjourned session at 6:31 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Brown Councilmembers Boyd, Campbell, Doane Absent: Councilmember Yost Councilman Yost arrived at 6:32 p.m. Also present: Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF THE AGENDA Boyd moved, second by Campbell, to approve the order of the agenda as presented. AYES: NOES: ABSENT: Boyd, Brown, Campbell, Doane None Yost Motion carried CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the agenda, a conference with legal counsel to discuss an item of anticipated litigation pursuant to Government Code Section 54956.9(b), an item of public employee performance evaluation, City Manager, pursuant to Government Code Section 54957, and two potential cases of initiation of litigation pursuant to Government Code Section 54956.9(c). By unanimous consent, the Council adjourned to Closed Session at 6:33 p.m. and reconvened at 7:00 p.m. with Mayor Brown calling the meeting to order. The City Attorney reported the Council had I