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HomeMy WebLinkAboutCC Min 1996-08-26 I I I 8-12-96 / 8-26-96 The regular adjourned meeting of 6:45 p.m. was adjourned by unanimous consent at 9:04 p.m. It was the order of the Chair, with consent of the Council, to adjourn this meeting until Monday, August 26th at 6:30 p.m. to meet in Closed Session if deemed necessary. The meeting was adjourned by unanimous consent at 9:04 p.m. Clerk and ex-o of Seal Beach Aproved: _~~~~ /a?:A.A~r!!/~_ Mayor Attest: Seal Beach, California August 26, 1996 The regular adjourned meeting scheduled for 6:30 p.m. this date was cancelled due to the lack of Closed Session items requiring discussion. (\, I I I Seal Beach, California August 26, 1996 The City council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Campbell, Fulton, Hastings Absent: None Also present: Mr. Till, City Manager Mr. Barrow, city Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, city Engineer/Director of Public Works Chief Stearns, Police Department Ms. MCGlynn, Recreation Supervisor Mrs. Yeo, City Clerk 8-26-96 PRESENTATION Orange County Supervisor Jim Silva noted that Seal Beach, like other coastal cities, is more like two cities in one, a community enjoyed year-round yet on a summer day the population can more than double which often emphasizes the need for public safety. The Supervisor recognized Seal Beach resident Mr. Jack Haley for his involvement in forming a citizen Board of I Directors for the raising of funds for the construction of a fully equipped police substation at the municipal pier at no expense to the taxpayers. Supervisor Silva read and presented to Mr. Haley a proclamation recognizing his efforts on behalf of the County of Orange and its citizens. Mr. Haley accepted the proclamation with appreciation and in turn, on behalf of the Board of Directors, commended the city Council, city staff, the citizens, volunteers, the elite Corp of Engineers, the Police Chief, and the Supervisor for their efforts and support of this endeavor. Council forewarned Mr. Haley that his talents and efforts will be sought again. Mr. Haley reported that the Board of Directors have recently donated funds for improvements and computers at the North Seal Beach Substation, money for the interior remodeling of the Police Department, they are working with the Olympic Committee in Atlanta to obtain golf carts for use by the RSVP, and a meeting will be held this week with the Police captain to review the architectural plans to house the 800 MHz system. He again extended appreciation for' the leadership and support of the Council and staff. APPROVAL OF AGENDA Councilmembers Brown and Hastings requested that Item "L" be removed from the Consent Calendar for separate consideration, Councilmember Campbell said she had a question relating to Items "0" and "E", and the City Attorney noted a request of Council to I consider a communication from the League of California Cities, received after the posting of the agenda and requiring action prior to the next meeting, relating to SB 569, a bill that would prohibit local agencies from considering the adequacy of school facilities as part of the land use approval process, added to the agenda as Item "R". Mayor Forsythe pointed out a typographical error in the Item "K" staff report and Councilmember Campbell noted an error in Resolution Number 4498. Hastings moved, second by Brown, to approve the order of the agenda as revised. AYES: NOES: Brown, Campbell, Forsythe,' Fulton, Hastings None Motion carried ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Ms. Rita Brenner, Trailer Park, mentioned that there are a number of people who do not have permanent residences that have been parking their trucks and vans along First Street, quite often creating a nuisance as a result of loud engine noise and exhaust fumes, to which she suggested that the Street be posted to prohibit such parking which would eliminate the need to call for police services. Her second concern dealt with people not obtaining proper permits for improvements, fences as an example, I to which she suggested that if permits are not obtained within a reasonable period of time penalties should be imposed. Ms. Teri Bennett, Huntington Beach, former Seal Beach resident and current Girl Scout leader, expressed her opinion that the proposed daytime curfew is unnecessary and redundant, existing truancy laws are excellent, this would be an additional burden for the police, and when her SC9uts are out of school for field trips or camping the school is advised of their absences and permission slips are required of_the families as well. As a parent and Scout leader she objected to this additional burden, stating the police already have means of enforcement. Ms. Ruth I I I .~~ ;~:.! -f! iht;.......:..i"I;,{ . , 4. 1, ,....!'..: " 8-26-96 Charles, Cottonwood Lane, stated she is a single mother of two girls, having moved to Seal Beach because of the way the community is maintained and the services provided its residents. She spoke to the closing of the Kids Time Club program, her children participated last year, was looking forward to the upcoming year, however notice of cancellation of this program was received just eleven days before it was needed, and said the suggested alternative after school care could cost as much as two hundred dollars a month more. She praised the KTC staff and activities, requested that the program be reinstated for the children who need it, reduce enrollment, seek the necessary licensing, but not eliminate the program completely. Ms. Buekes, Marina Drive, stated that when she and her son moved to Seal Beach she had first gone to the after school program at McGaugh School, which she claimed was good however the Kids Time Club is much better. Finances are of prime concern, the McGaugh after school program is more expensive, even if grants become available. She spoke highly of the KTC staff, their image as roll models, stated there should have been more adequate notice that the program would be canceled, and urged that the Council reconsider their action to cancel KTC. Ms. Phyllis Cook, Central Avenue, spoke against the proposed daytime curfew, noting that parents in this community are very concerned and active in their childrens activities, expressed her concern with the erosion of parents rights and the necessity for a child to carry papers, stating that current law only needs to be enforced. Ms. Rachael Wegter, 4th Street, stated she was recently graduated from Los Alamitos High School, throughout the year she was absent from school a number of times, sometimes excused, often not, to catch up on work or do errands due to a busy school schedule or merely rest, yet graduated with honors and grade point of 4.0. She stated the existing truancy laws are sufficient, the proposed daytime curfew would be a hinderance to students, punish the good students who wish to have a few days off, and create distrust between police officers and students. Mr. Mark Kemper, 3rd Street, expressed appreciation for the safety and neighborhood environment of Seal Beach. He mentioned that his daughter had attended the after school program at MCGaugh however there was concern because on several occasions she was found to be without supervision and merely watching television where the KTC program has provided supervision and activities that have proven to be beneficial and stimulating for the children. He voiced disappointment that the KTC program is being canceled, a big change for parents and children alike, and encouraged that the program be retained if possible. Ms. Kate McDaniel, Catalina Avenue, expressed her discontentment with the manner in which the KTC program was disbanded, decided with no consti~uent input or dialogue. She stated her understanding that there are many issues in the city however the KTC families are not knowledgeable of them, notification of the program closing merely done by means of a letter, no explanation, and there seems to be a perception by the Council that KTC existed only to handle the overflow of children from the McGaugh after school programs, rather, it was the choice of the parents and children to choose KTC. Ms. McDaniel described their efforts to locate a quality day care program prior to their move from the east coast, KTC met their child care philosophies and was their choice. She stated the KTC staff is impressive and dedicated. Ms. McDaniel objected to the letter advising that KTC would not be offered for the upcoming school year, stated that if time had been taken to discuss this matter with the families she felt that solutions could have come forth, even time, money, and supplies. She cited the program as terrific and urged that the KTC closing be reconsidered. Ms. Laura Wegter, twenty-two year resident, expressed concern with the proposed curfew ordinance, the language of which sounds as if it is going to solve crime and 8-26-96 take the trouble maker kids off the streets, it is presumed existing truancy laws are enforced, and it is quite likely that a way will be found to skirt this ordinance as well if adopted, therefore it will be the kids that follow the rules that will be penalized for doing errands, taking a day off from school, etc. Ms. Wegter mentioned taking her children out of school for an occasional family day, to which she stated her personal problem I with someone telling her what is a valid excuse for keeping her children out of school. She objected to the provision of 'Lawful Excuse' requiring authorization in writing, which she claimed would require her to have written authorization from the school to take her child out, she also read the 'Exceptions to Curfew' section, objecting to the requirement for written authorizations, questioned how many children carry their school work permit, also the proof required for a medical appointment. Ms. Wegter objected to the implied requirement that parents will need to prove why their children are with them, in writing, and countered by inquiring if a parent would accompany their child" to commit a crime or be truant from school. She offered that if the ordinance is adopted it will not solve the problems as cited, rather, the problems must be resolved in the home or through current truancy laws, and without penalizing other kids. Ms. Kathy Duffy, Westminster, provided a copy of existing State truancy law to which she reported having been advised by police departments that the truancy law is not being enforced, yet there is no reason given for not doing so, parents are not being notified of truancies, or notices are not reaching them, questioned what type of identification will be required for visiting youngsters, and claimed the ordinance does not take into account the thousands of children that are legitimately out of school during the curfew hours of 8:00 a.m. and 2:30 p.m., year-round schools, home-schooled students with unusual I schedules, short day schedules, etc. Ms. Duffy said the rights of citizens to move around freely should be respected, that innocence should be presumed until a crime has been committed, and children should be taught that the pOlice are their friends. Ms. Amy Thomas stated she once again resides in Seal Beach after having grown up in the community, however the Kids Time Club is the only way that she can continue to live here, grants provide just a partial payment for child care, with stipulations, and given her number of working hours, the after school care cost will more than double. Ms. Thomas praised the KTC staff and the benefits to her child where the special attention would not have been realized in the McGaugh program. She stated her awareness of the fact that the city is financially unable to continue the KTC, however it is likely that donations could be found to assure continuance of Kids Time Club, just as monies are found for other community needs, and asked that consideration be given to parents that work hard, support Seal Beach in every way, but can not continue to live in the community without the child care. Mayor Forsythe advised the public that the Kids Time Club has been the subject of considerable discussion and considered for closure since last December. She explained that there are certain criteria that must be met for child care facilities, the teachers must be credentialed, facilities must be conformed for day care, when the KTC grew and the hours expanded it was then I categorized as a day care facility, it must be licensed and abide by very specific rules. She clarified that when application was made for a license the City was advised that the Marina Center did not conform, as an example there are existing public restrooms, the day care would not be allowed to use those restrooms, a six foot fence around the facility was another requirement, the kitchen could not be accessible to the children, the director was required to have a credential with four years teaching experience, the counselors too needed to have certain hours of experience. Mayor Forsythe suggested that thought be given to the location of the Marina Center and Park, I I I . ,)- ~., ',; ';I05i .-' ::,,!l": '... o .", 1> , ~il . I " 8-26-96 the only park serving two large areas of Seal Beach with playground equipment, etc., and to make the sizeable investment and transform the park to day care would take that park away from the other residents, a situation likened to privatizing a public facility. She noted also complaints from parents in the area whose small children can not use the playground equipment at the Park because of the constant use through city programs. Mayor Forsythe said she had been advised that the facility was to have been cited and closed in September, therefore with that information and knowledge that there were vacancies in the other two after school programs the City needed to take an action. She reported that it has been determined there are funds that will be available for financial assistance. She expressed her preference that monies were available to make the necessary improvements to the Marina site or that another facility were available for child care services, nonetheless, the staff and facility would need to meet State mandates. Mayor Forsythe suggested that if the other programs are less desirable the families should become more involved and offer new ideas, and reiterated that at this time the City does not have the funds to make the necessary improvements to meet State standards, expressed a desire that there is an understanding of that, apologized that the letter lacked detailed explanation, however explained that the City has no other options at this time. councilmember Hastings noted that if the KTC were extended the City would realize a tremendous liability, and she too praised the program and its staff. Having exceeded the time limit, Mayor Forsythe declared Oral Communications closed. COUNCIL ITEMS APPOINTMENTS - BOARDS and COMMISSIONS Board of ADDeals Councilman Fulton moved to appoint Mr. John C. Nevin to fill the District Five vacancy on the Board of Appeals for the unspecified term. Councilman Brown seconded the motion. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried Plannina commission Mayor Forsythe moved to appoint Dr. Paul Yost as the District Three representative to the Planning Commission for the unexpired term ending July, 1997. Councilman Brown seconded the motion. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried CONSENT CALENDAR - ITEMS "B" thru "N" Brown moved, second by Hastings, to approve the recommended action for items on the Consent Calendar as presented, except Items "0, E, and L", removed for separate consideration. 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 unless specific request is made at that time for the reading of such ordinance or resolution. C. Approved regular demands numbered 13410 through 13610 in the amount of $922,714.65, payroll demands numbered 18145 through 18398 in the amount of $451,332.64, and 8-26-96 authorized warrants to be drawn on the Treasury for same. F. Received and filed the staff report relating to the Seal Beach Naval Weapons Station Installation Restoration Program Status Report, All Installation Restoration Sites. I G. Proclaimed October, 1996 as "Independent Living Month." H. Accepted the resignation of the District Four representative to the Seal Beach Cable communications Foundation, Mr. Joseph Palmer, and declared the position vacant. I. Approved the Amended Consent Decree in the case of United States of America and State of California versus Montrose Chemical Corporation of California, et al, and authorized the execution of the Consent Decree on behalf of the city. J. Approved the Database License Agreement between the City of Seal Beach and Thomas Brothers Maps and authorized the City Manager to execute same on behalf of the city. Adopted Resolution Number 4497 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 #641, CONSTRUCTION OF UNDERGROUND UTILITIES AND WATERLINE IN SURFSIDE COLONY, CONTRACT ENTERED INTO BETWEEN ELSER CONSTRUCTORS, INC. AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4497 was waived. K. I M. Approved the minutes of the August 12, 1996 regular adjourned and regular meetings. N. AYES: NOES: Adopted Resolution Number 4498 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING VARIOUS SURFSIDE COLONY LOT LINE ADJUSTMENTS, BLOCKS 462, 472, 481, 491 AND 502 IN THE CITY OF SEAL BEACH, BETWEEN WEST END OF SURFS IDE AVENUE AND ANDERSON STREET AS SHOWN ON THE ASSESSOR'S MAP BOOK 178, PAGES 46 THROUGH 50 OF THE ORANGE COUNTY ASSESSOR'S DEPARTMENT, ORANGE COUNTY." By unanimous consent, full reading of Resolution Number 4498 was waived. I Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEMS "D" and "C" - REOUEST FOR OUALIFICATIONS - CONSULTANT SERVICES In response to an inquiry of Councilmember Campbell regarding the consultant interview panels, the Director of Development Services explained that the recommendation is for two members' I I I . ,"', ",f 8-26-96 each of the city Council, Planning Commission, and Environmental Quality Control Board to serve on those panels. Mayor Forsythe and councilmember Hastings offered to serve on the Main street Specific Plan, Public Improvement Design Services panel, and Councilmembers Campbell and Fulton agreed to serve on the Environmental Impact Analysis Consultant panel. ITEM "L" - 1996/97 PAVEMENT RESURFACING PROGRAM Councilman Brown said his intent in removing this item from the Consent Calendar was to merely inform the public of the streets that are proposed for resurfacing in fiscal 1996/1997. Councilmember Hastings read the list of streets included in this project. Brown moved, second by Hastings, to authorize staff to distribute the Request for Qualifications, Environmental Impact Analysis Consultants and initiate a consultant interview process to select firms to serve the city; to authorize staff to distribute the Request for Qualifications, Main Street Specific Plan, Public Improvement Design Services and initiate an interview process to select a design firm/team to prepare conceptual plans, construction plans and specifications, and provide construction management for the proposed public improvements to the Main Street Specific Plan area; and approved the plans and specifications and authorized the advertisement for bids for the 1996/1997 Pavement Resurfacing Project. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried RESEARCH DESIGN/INVESTIGATIVE PROGRAM - ARCHAEOLOGICAL SITES - HELLMAN RANCH The Director of Development Services presented the staff report, noting specifically that the Hellman property owners have initiated a process to undertake arChaeological investigations on the Hellman property in conformance with the Archaeological Element of the General Plan, this process included the retention of an archaeological consultant by the City, the cost of which is reimbursed to the City by the Hellman estate, part of those services include the preparation of a research design document for the purpose of outlining the methodologies and programs for investigation of potential archaeological sites that have been identified on the Hellman land and to further investigate the remaining property for any sites that are unknown at this time. He reported that the Archaeological Advisory Committee reviewed the design document, appointed a three member sub-committee to meet with the archaeologist to review the initial draft document, the sub-committee recommended certain changes to the document, most of which were agreed to by the archaeologist, then submitted to the full Committee for review at which time additional changes were made, and the document before the Council reflects the changes the archaeologist felt could be made to maintain the integrity of the document from his professional viewpoint. The Director explained that the research design document requires approval by the City in accordance with the Archaeological Element of the General Plan, part of that process involved public notice of the availability of the document for review and comment therefore the document was forwarded to three Native American organizations in the Southern California Region, to th~ Coastal Commission, the State Office of Historic Preservation, and to the UCLA Archaeological Information Center, and to that comments were received from two of the. Native American groups, the State Office of Historic ., 8-26-96 Preservation and the Coastal Commission, those comments, committee minutes, etc. provided for information of the Council. He noted also that Mayor Forsythe submitted a copy of the research design document suggesting further changes for consideration. The Director explained that it had been anticipated that the document would be before the Council for approval, however upon receiving the letter from the Coastal I Commission and given the size of the initial testing that the archaeologist has proposed, the Commission is requiring a coastal permit to do the work on the property and further, for the Commission to approve the permit they must also approve the research design document, and their guidelines, which are separate from those of the City, require that the document receive a peer review by three other archaeologists. The Director requested that any comments or changes be made by the Council which will then be compiled and forwarded with the research design document for peer review. He noted that Coastal Commission guidelines also require that if the city has archaeologists on staff they should be utilized for the peer review process, to that he noted the City has two archaeological firms under contract that are used on a rotating basis, therefore it is proposed that their services be used and that the third reviewing party be selected by staff from the County list of certified archaeologists. He mentioned also that Mr. Bartlett, a representative of the Hellman estate, has submitted comments to the research design document as well, those too will be forwarded for peer review. Councilmember Campbell submitted questions posed to her by Ms. Moira Hahn, a member of the Archaeological Advisory Committee, relating to specific pages of Attachment III, the redlinel strikeout version of the research design document submitted by I Mayor Forsythe. With reference to pages forty through forty-two relating to research that would be done, the archaeologists approach to testing, scientific analysis and technologies that would be utilized, the question was why those procedures were struck and nothing put in their place. Mayor Forsythe made reference to what the Archaeological Element was meant to provide, 'to safeguard any significant archaeological finds on a piece of property slated for development'. She said the original research design had considerable information that was not based on fact, a lot of personal correspondence references, a lot of hypotheses proposed that were not based on anything, on the referenced pages there was rambling, considerable reference to an authored book, to which she explained that the research design is supposed to be specific, clean, and based on scientific fact, a document that does not malign anyone, the document is meant to comply with the Archaeological Element-that ensures that no significant archaeological finds are affected by a proposed development. Councilman Brown expressed his belief that if there is something on that site that is truly an archaeological find there is no question that the intent is to preserve it, the developer feels the same, and the changes made by Mayor Forsythe does in fact make this an exact document. Councilmember Campbell said she believed that the concern of Ms. Hahn was that original meanings of the document would be lost I due to the shortened text. with regard to pages twenty-seven and thirty-three the comment was that the proposed changes appear to contradict the author's meaning with regard to Dr. Stickle's description of highly destructive backhoe trenching by another firm is struck yet his comment that only four artifacts were discovered during the work was left in, etc., the inference that other objects may have been scooped up during the backhoe work. The Mayor responded that the referenced comments is just one area where the Doctor criticized another study that was done on the site, stating that she did not want to adopt a document that in any way compromises or maligns previous studies that I I I ,hh !Jrh~~ ':';:~ 8-26-96 were done on the property, Dr. Stickle has been brought in to research what is on the property not to critique work that has occurred previously, it is felt that his references to others as persons posing as archaeologists does not belong in a document that is being accepted by the city Council, rather the document is to be scientific, editorializing does not belong in the document, and with reference to pages thirty-two and thirty- three, with regard to a published report of a prehistoric burial, again stated she had removed the editorializing yet left the factual statement that 'there has been only one published report of a prehistoric burial in the city'. Councilmember Hastings concurred that a research design should not be filled with opinions as the City is~desirous of a document that can be upheld. The Director confirmed that the comments received to the document would be forwarded with the research design for the peer review. Councilman Brown moved to use Attachment III, as revised by Mayor Forsythe, as the basis for the research design document. Councilmember Hastings seconded the motion. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried In response to Mayor Forsythe, the Director reported the two archaeology firms indicated an approximate two to three week time frame for the peer review process. It was the consensus of the Council to allow staff to select a third archaeologist for the peer review. To a question of Councilman Brown, Mr. Bartlett and Mr. Tone, representatives of the Hellman estate, confirmed their intent to preserve any significant archaeological find. PROPOSED ORDINANCE 1409 - DAYTIME CURFEW The City Attorney mentioned having received what is believed to be the final version of the proposed ordinance as drafted by the District Attorneys office, reflects minor revisions to conform to the Seal Beach Code, copies of which are being provided the Council, and stated although this is not a public hearing the Council may allow the public to speak to the item. Chief Stearns introduced Mr. Brian Brown from the Orange County District Attorney's office, Juvenile Division and Gang Suppression Unit. In response to some of the public comments the Chief said as a Seal Beach police officer with thirty-one years experience, some of which as a juvenile officer working closely with the schools, he could assure that the purpose of the proposed ordinance is not to commence stopping parents driving on the streets with their children, confirmed that truancy law does exist, can be enforced, yet such stopping has not occurred under that statute. He offered that the ordinance proposed does however lend an additional tool to use for those children that do not comply and are becoming problems, the ordinance drafted with the cooperation and input from the schools and police departments Countywide, pointing out that all too often parents expect the schools and the police departments to be the babysitters and take the parental role. He noted that responses to a situation or concern are generally the result of a call or complaint to the police department, the procedures and questions will be no different than what is currently in place, however a call may be made to the parent or the school, this ordinance merely allows some follOW-Up, may require the appearance of a parent in court, places responsibility on the . parents, clarified that home study groups are not being targeted, and there is awareness of the various school schedules, etc. . .. ,. of , . . ~ . t 8-26-96 Having been provided the most recent draft ordinance, Mayor Forsythe requested a brief recess to review same. Councilman Brown inquired what this proposed ordinance will do over and above current law. Chief stearns responded that the Education Code provides that a child can be picked up, the school can be called or the child can be transported back to school, however if the parents indicate they can not control the ch;ld the child I is back on the street, or, the child can say they do not have to listen to the parents or the school, and there is no other means to penalize the child or parents, to demand community service or impose a fine, and likewise juvenile hall is over capacity. Councilmember Campbell inquired if the current truancy law, claimed as not being enforced, carries the same provisions as the proposed ordinance for proof that the child is supposed to be in school. The Chief responded that procedures will not change other than having the ability to issue a citation, if a child is stopped for being out of school without a pass or doctor permit, etc. and if the answers are not satisfactory there could likely be a call to the school or the parents, and confirmed that there are currently no truant officers nor will there be additional personnel. Councilmember Campbell offered that it is the state who should'provide truant officers inasmuch as it is state law, however that policy changed with the state budget reductions. It was the order of the Chair, with consent of the Council, to declare a recess at 8:35 p.m. The Council reconvened at 8:50 p.m. with Mayor Forsythe calling the meeting to order. The Mayor announced that action on the proposed ordinance is being postponed until the next meeting to allow an opportunity to review the new draft in depth, however invited comments from I the representative from the District Attorney's office. Mr. Brown stated that the genesis of this issue started with the 1994/95 Grand Jury recommendation that instead of the police and District Attorney just doing enforcement, that the police chiefs and school superintendents meet and determine what can be done proactively to stem the tide of the truancy problem and juvenile crime. He reported that for the year ending 1995 in juvenile court there was a thirty-two percent increase in juvenile robberies, eighty-one percent increase in aggravated assaults, or, from three hundred twenty-four in 1994 to five hundred eighty-eight in 1995, a trend of more crimes, more serious crimes, and commitment to the California Youth Authority increased by one hundred eleven percent in 1995 and is still rising. He said it has been realized that they are not keeping up with the target of gangs and gang violence, continually increasing, juvenile hall is over-crowded, there is a crime wave, serious crime, a significant amount of gang involvement, which does impact Seal Beach in that gangs from other areas come here, the Arco Service Station incident just one example. Gang activity in Orange County has increased from thirty-five gangs with two thousand members in 1986 to three hundred twenty gangs with eighteen thousand six hundred seventy-two members in 1994, and in 1995 a jump to three hundred forty-one gangs with twenty- one thousand three hundred twenty-eight members, twenty-three I thousand members thus far in 1996. Councilmember Hastings asked if gangs come to Seal Beach between 8:00 a.m. and 2:30 p.m. or is it in the time frame of 2:00 a.m., and are they of ages between six and eighteen, expressing some concern with generalities. Mr. Brown responded that gangs pay little to no attention as to when they come, stated gang membership is escalating throughout the County, the youth population between the ages of fifteen to eighteen will increase substantially by the year 2010, thus the intent to proactively find a'means of keeping some of these children in school. Mr. Brown explained that the current Education Code gives a police officer the I I I : ..~.~b';'II':I~" I"~': . , . 8-26-96 authority, if it is thought that a student is truant, to arrest the student and either take the student to the police department, to school, or home, also, if the student has been truant enough times the Student Attendance Review Board process can take place, however neither the student or the parent is required to attend, the SARB process is essentially a contract between the student and the parent, at that point the Education Code also provides for the filing of a petition in the Juvenile Court to adjudge a student a truant, yet in Orange County that process can not occur because the Probation Department is required to sight, sound, separate the child from other children that have been charged with criminal offenses, there have been no such facilities in Orange County for eighteen years, thus in this County the process stops with the SARB program as opposed to Los Angeles County where there are adequate sight, sound, separate facilities and a truancy petition can be filed with the court. As to the proposed ordinance, Mr. Brown stated it does not provide for arrests, in-custody detention, or transport to Juvenile Hall, 'it is a citation process, an infraction, requires the student to bring a parent to appear before a traffic commissioner who will inquire of the student and parent why the student has not been in school, the commissioner can impose a fine of $100, or if the student attends school, does twenty hours of community service, and attends a class with the parent as to the reasons for going to school, the fine can be waived. He stated this ordinance was designed to encourage children and parents to keep the children in school. Mr. Brown reported a similar ordinance was adopted in the city of Monrovia in 1994, three hundred seventy citations have been issued, three hundred sixty-eight were dismissed because the student complied, two resulted in $100 fines, there has been a forty-one percent reduction of unexcused absences from the public schools, a fifty-four percent reduction in the school dropout rate, a thirty-eight percent reduction in juvenile crime during school hours, and an additional $200,000 of State funding because of the increased school attendance, yet has not resulted in children cited for being out of school for reason, nor Girl Scouts not being able to go on trips. The city of Monrovia as well as Los Angeles, who also enacted this law, have been successful. Mr. Brown said it is felt that the proposed ordinance will increase the ADA by keeping children in school that should be, will reduce juvenile crime during school hours, and result in less gang membership, in turn if the children are not in school the result is frustration, lack of self-esteem, lack of self-actualization, which is the perfect formula for gang affiliation. Councilmember Campbell described a scenario where a child attends a private school, there are different school hours and holidays from the public schools, to which she expressed concern with that child being stopped, and said she had been told that the existing truancy law requires children to carry similar documentation that the proposed ordinance requires. Mr. Brown responded that Education Code section 48264 allows a police officer, school official or probation officer to arrest and detain a suspected truant, therefore the answer to the scenario is that if that child has not been stopped or arrested thus far the proposed ordinance will not result in that either, rather, this ordinance merely provides for issuance of a citation and a traffic commissioner the ability to impose a fine if the child does not attend school or no fine if school is attended. Councilmember campbell said there is concern on the part of,some parents that a child would need to carry some type of documentation, which could be a burden, people feel that there are laws on the books, question why they are not being enforced or why the state does not enhance those laws. Mr. Brown again explained the requirement for sight, sound, separation from the 8-26-96 criminal child, and if the curfew law is going to be enforced under the Education Code a 601 petition would need to be filed in Juvenile Court, which can not be done in Orange county because of the lack of facilities to do so, which is why there is a truancy problem. councilmember'Hastings suggested that a sight, sound, separation facility in orange County should be the priority then this ordinance would not be necessary. Mr. Brown I responded that that would need to be accomplished on a County level, given finances, that will not occur for several years, and offered that there is the possibility that a child may be stopped at some point in time that should not, however on the other hand it could likely help some other children. Councilmember Hastings asked if her civil rights are being considered, does this take away her right to allow her child to go surfing and then write that child a school excuse, will the child that leaves school at 12:30 p.m. be stopped, and is it going to be necessary to carry identification cards. Mayor Forsythe expressed her opinion that this ordinance will not apply to the children of the parents in attendance at this meeting, these children being well cared for and are not being stopped now, rather, this ordinance will apply to the children who are consistently truant from school, the children that do not fit into our schools, that do not conform to a mainstream education, and there is a large group of children whose needs are not being met by the school districts, children become juveniles because they do not go to school for the reason that they do not fit in, they can not learn in the regular classroom atmosphere so they leave the campus and when they do they get in trouble. She stated this is the type of law that will help those children, not only will it make the parents get involved with the school district, it will also make the school districts I realize that these children exist, that they need to be in school, explaining that there are schools that do not want these children and that is why truancy is not being enforced. Mayor Forsythe emphasized that people need to realize that there is two sides to every story, that it is believed a compromise can be reached, and it must be understood that this does not apply to high grade point children, rather, those that continue to leave the school campuses. The City Attorney announced that this item will be agendized for the next meeting, and staff confirmed that Mr. Brown would attend. PUBLIC HEARING I RESOLUTION NUMBER 4499 - IN-LIEU PARKING FEES - MAIN STREET SPECIFIC PLAN ZONE Mayor Forsythe declared the public hearing open to consider establishing and adopting in-lieu parking fees for the Main Street Specific Plan Zone. The City Clerk certified that notice of the public hearing had been advertised as required by law,. and reported there have been no communications submitted. The Director of Development Services presented the staff report relating basically to establishing in-lieu parking fees for the expansion or intensification of uses within the boundaries of the Main Street Specific Plan area that would require more ' parking than the existing business currently provides. He noted the in-lieu fees were discussed at the time of adopting the Main Street Specific Plan, initial discussions focused on a fee I determined by the AB 1600 report, however when certain parking improvements were deleted from the Plan the fee was re-examined and the office of the city Attorney determined it was not necessary to adopt the AB 1600 fee at that time, rather, an in- lieu parking fee established by Resolution. The.purpose of the public hearing is to formally adopt the fee that was, set forth in the Ordinance adopting the Main Street Specific Plan. The. Director explained there are three separate fees recommended for consideration, a new one time fee of $3,500 per space for-any,. intensification of use that would require additional parking over the existing use of the property, either through an.,' I I I .,'~A.I . ;j'..\' 11='''~ '''.. 8-26-96 addition to the property or through the conversion from a less intense to a more intense use, a retail use to a restaurant as an example; to formalize the $100 per space per year fee as a condition of approval of previously approved conditional use permits and variances for properties within the Main street Specific Plan area, that being approximately thirty businesses; and the third fee would apply to a select few businesses on Main Street that were established through a development agreement, those fees having been negotiated with the property owner or developer of the property. It was clarified that the $3,500 fee applies to businesses who wish to expand or intensify use. Councilmember Campbell inquired if notification has been made to those businesses that will be required to become current with their in-lieu parking fees by September 1st. The City Attorney explained that delinquent fees will need to be paid, discussions are taking place with the Finance Department to determine who has not paid, letters will be sent to those three or four businesses, and should they not comply the Council will be considering other action. He advised that the Council has been provided a copy of the Resolution reflecting additional language in subsection two, line six, to read "...except for those uses governed by Section 3 hereinafter" for clarification that those persons having development agreements will pay in accordance to those agreements and not the $100 fee. He clarified also that should an existing use choose to expand they will be required to comply with this Resolution if the demand for parking is increased, thus will pay the one time $3,500 fee for the increased number of parking spaces. Mayor Forsythe invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. Gordon Shanks, Surf Place, asked if there has been a recent review of those businesses paying the $100 per space fee to ensure they are up to date. The city Manager advised that a review is currently taking place. There being no further public comments, Mayor Forsythe declared the public hearing closed. RESOLUTION NUMBER 4499 - ESTABLISHING IN-LIEU PARKING FEES - MAIN STREET SPECIFIC PLAN ZONE - AMENDING RESOLUTION NUMBER 4195 Resolution number 4499 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING RESOLUTION NO. 4195 AND ESTABLISHING IN-LIEU PARKING FEES FOR THE MAIN STREET SPECIFIC PLAN ZONE PURSUANT TO CHAPTER 28 OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4499 was waived. Fulton moved, second by Hastings, to adopt Resolution Number 4499 as presented. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEM "R" - OPPOSITION - SB 569 - ADEOUACY OF SCHOOL FACILITIES - LAND USE APPROVALS Councilmember Hastings read a communication from the League of California cities urging opposition to SB 569 which would eliminate a city's authority to mitigate the impact on schools through construction fees as that relates to new development. As requested by Councilmember Hastings, Councilman Brown suggested that a letter be prepared for the Mayor'S signature in opposition to SB 569, and that members of the Council and citizens contact their legislators encouraging a no vote as well. CITY MANAGER REPORTS The City Manager reported that the greenwaste trash bins are to be delivered this week, they are sixty gallons, the contractor 8-26-96 believes those will be an adequate size, however if there is an excess of greenwaste it can be placed in the regular refuse bin for the time being. He announced that Friday was the deadline for Parks and Recreation Director applications, a few are Directors in other cities, some are recreation managers, some park superintendents, a good variety. He noted having received materials from the County Librarian after the last Council meeti~g indicating that the shortfall is somewhat better than had been shown by the consultant study, the new numbers show the allocation for Seal Beach at $187,000 with a current expenditure level of $275,000 for a shortfall of about $87,000, a suggestion of the county would be the closure of the library an additional day per week, likely on Monday, to make up the shortfall. Councilmember Hastings offered that there has been some thought given to staggering the library hours for optimum use, particularly the after-school hours, as there are certain days and hours when use is not as great. The Mayor added that personnel could be supplemented with volunteers. The Manager suggested that a meeting be scheduled with the Friends of the Library to review the information in greater detail and to explore means of augmenting the library services. The Manager announced also the intent to implement a test of the pay as you leave parking system at the beach lots tomorrow. Councilmember Hastings noted that the restaurant at the First Street complex is now open and inquired if persons frequenting that facility pay the full parking fee or if there is a validation program. The Manager responded that the parking fee relative to the restaurant will need to be worked out, possibly a reduced rate for a minimum purchase or a shared subsidy arrangement. He responded also that the initial intent was that the restaurant would be open for breakfast and lunch seven days a week. COUNCIL REPORTS Councilmember Brown reported the Commander from the Naval Weapons station recently visited and toured Leisure World, which he deemed to be an appreciated gesture of friendship. Councilmember Campbell again announced the volunteer cleanup project for the south side of Lampson Avenue that will take place on Monday, September 2nd, the announcement in her recent newsletter as well. She thanked those who received and expressed appreciation for the newsletter. Councilman Fulton said he had observed many children having great fun at the recent Fishing Derby, an event he commended. Mayor Forsythe mentioned having received comments with regard to the appearance of Bolsa Avenue, beautification of that street having been the subject of discussion in the past, also that certain fences are starting to bow and tilt from the impact of adjacent greenery, on Seal Beach Boulevard as well between Marlin and Pacific Coast Highway. The City Engineer noted that most of the walls and fences are private property. Councilman Brown inquired about large square cuts in the pavement on eastbound Westminster Avenue. The City Engineer responded that there was a Sanitation District project on the north side of Westminster Avenue where they basically resurfaced the roadway at its conclusion, the south side of Westminster is an Edison project, also explained that the County Engineers Association is working to develop a trenching ordinance, and there is a rehabilitation project scheduled for the eastbound lane of westminster. For information of the public, the Engineer noted that there are roadway projects scheduled to be upcoming for other areas of the community at the earliest time possible. with regard to Bolsa Avenue, Mayor Forsythe offered that any beautification would be a community effort and invited anyone having ideas or suggestions to submit them, noting that an attractive street has a calming effect, lowers traffic speeds, etc. with regard to the curfew issue, Councilman Fulton noted ,there were truancy problems when he was young too. As to the vacant lot located at I I I I I I ." . ..~ 8-26-96 Balboa and PCH, the Manager stated a letter was to have gone out this date to.the persons who submitted the petition, calling a meeting in September with the property owner to discuss future plans for that site. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Ms. Carol Blankfield, South Shore Drive, Huntington Beach, charged that Mr. Brian Brown had made some sweeping, vague and scary statements relating to the daytime curfew that may have put people on guard or maybe the curfew is a good idea, as an example, a fifty-four percent reduction in dropouts, which could have been from two to one, in that he provided no real numbers, no figures to base a decision on, the thirty-eight percent reduction in crime, that could mean from three to two, stating all of this must be looked at. There was talk of a generalization of the problem with truancy, however claimed the SARB has never been used, no child has gone through SARB, the Education Code states that a child that is absent unexcused for three days in a school year will be reported as truant to the district superintendent, to which she stated no child has been reported to the superintendent, therefore if there is the terrible truancy problem in Orange County no one seems to have figures to back up that claim. To the praise that the Chief and superintendents did a good job developing this ordinance, Ms. Blankfield said it has been rewritten ten times in the past six months. She noted a comment that this ordinance would not affect the children of the caring parents who were present at this meeting, yet reported a boy in Norwalk that was home schooled was ticketed for skateboarding in the street outside his home at 1:30 in the afternoon, the formal notice that was received stated that it made no difference what time one had school a child could not be on the street between 8:00 and 2:30, to which Ms. Blankfield claimed that this ordinance is worded the same, children can not be on the street between 8:00 and 2:30 or any time school is in session, therefore if a child is on a double session schedule they will not be allowed outside to play., get exercise, go shopping, etc. As one who does home schooling, Ms. Blankfield said about ten percent of high school students are out at noon and will have to go home, and in talking to two police officers one said that kids should have no rights, the other said he did not care if we home schooled until midnight, the kids can not be on the streets between 8:00 and 2:30. Ms. Blankfield said it is wrong to have to carry papers, to not be allowed on the streets, the ordinance is inherently wrong or it would not have been rewritten so may times, it is not going to fix truancy, the problem is the truant child, therefore let the schools call the police to deal with the truant. Ms. Fran Johnson, Seal Beach, announced the Animal Fair to be held at the Market Plan on September 7th from 10:00 a.m. to benefit the Animal Shelter. Mr. Gordon Shanks, Surf Place, asked the city's obligation as to the North Seal Beach Library. The Manager responded that it is considered separately, as a Los Alamitos branch. Councilman Brown said the County needs to play some part in the North Seal Beach Library given its location and use by the Rossmoor area, which is County territory. Mr. Shanks also inquired as to the status of the utility users tax. The city Manager responded that the issue is in the courts, there are a number of suits. The city Attorney added that a charter city in the San Francisco area won their case, a suit was filed against La Habra, a general law city, however was won on a statute of limitations issue, and there is a case pending in Butte County where the voters approved the tax, ratified the tax after Proposition 62 was reaffirmed by the Supreme Court, yet the appellate court determined it was not an issue for them to address. Ms. Pam Morgan, Huntington Beach, said last year her daughter was out of school at noon, they frequented Seal Beach 8-26-96 I 9-9-96 nearly every day, and stated she did not want to be swept up with the daytime curfew ordinance, suggested targeting the truants but do not involve the other children nor take away her right to move about in public with her children. Mayor Forsythe explained that current law provides for arrest, the ordinance being proposed is for citations only. with reference to the Kids Time Club, Ms. Theresa Thomas, Crystal Cove, mentioned that I the Marina Community Center is being used by-the Seal Beach Playgroup and according to the Recreation brochure as a Marina Camp at winter break, to which she inquired why it is allowed to be used as such under State law and not the KTC. The Mayor explained it is the number of hours that triggers the requirement for a State license. Ms. Thomas expressed regret with the KTC closure, noted the cost of after school care at McGaugh is more than double, a grant does not even cover half, and said her understanding is that the KTC program manager took a six month leave from the Long Beach School District thinking the program was continuing. Mayor Forsythe mentioned that the City is researching other funding and recommended that parents work through the School District for reduced costs similar to the lunch program, also responded that the information regarding the KTC manager was incorrect, the position in fact was allowed only as part time, and again, that the program did not have the required State license. The Manager reported that the McGaugh School schedule has changes where it will be in session an hour longer, until 2:30 p.m., thus one less of day care which should reduced that cost to approximately $180 per month. There being no further comments, Mayor Forsythe declared Oral Communications closed. ADJOURNMENT It was the consensus of the Council to adjourn until September I 9, 1996 at 6:30 p.m. to meet in Closed Session if deemed necessary. It was the order of the Chair, with consent of the Council, to adjourn the meeti~t 10:10 p.m. , I ! - Approved: ~-'_ ..J'vZ:,,,,~ Mayor Attest: Seal Beach, California I September 9, 1996 The regular adjourned session scheduled for 6:30 p.m. this date was cancelled as there were no Closed Session items to be c\idered. (, I