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HomeMy WebLinkAboutCC Min 2004-06-28 I I I 6-21-04 ! 6-28-04 comfortable with the style and openness of Mr. Levitt and his understanding of the community. The Mayor said he would be happy to work with any of them, they all have strong points. At this time Mayor Yost.asked for a nomination. Larson moved, to appoint Mr. Phil Ladner to the District Five Council vacant seat. AYES: NOES: VACANCY: Larson, Yost Antos, Ybaben One Motion failed Ybaben moved, to appoint Mike Levitt to fill the vacant District Five Council seat. AYES: NOES: VACANCY: Antos, Larson, Ybaben, Yost None One Motion carried Larson moved, second by Antos, to adopt amended Resolution 5251 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPOINTING MICHAEL LEVITT TO FILL THE VACANT COUNCIL SEAT IN DISTRICT FIVE". AYES: NOES: VACANCY: Antos, Larson, Ybaben, Yost None One Motion carried Mayor Yost announced that the swearing in of Mr. Levitt would be on Monday, June 28, 2004 at 5:00 p.m. He also requested to have a team building session scheduled. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until June 28, 2004 at 5:00 p.m. for the swearing of Mr. Levitt and to meet in Closed Session if deemed necessary. By unanimous consent the meeting was adjourned at 7:38 p.m. clerk Approved: ~ Mayor Attest: ~ ~ hdA /ftA~/ ci ty lerk -, Seal Beach, California June 28, 2004 The City Council of the City of Seal Beach met in regular adjourned session at 5:02 p.m. with Mayor Yost calling the meeting to order. 6-28-04 ROLL CALL Present: Mayor Yost Councilmembers Antos, Larson, Levitt, Ybaben None Absent: Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works/City Engineer Mrs. Arends-King, Director of Administrative Services Captain Pounds, Lifeguard Department Mrs. Devine, City Clerk I OATH OF OFFICE City Clerk, Mrs. Devine, administered the Oath of Office to appointed Councilman Michael Levitt, representing District Five. CLOSED SESSION The City Attorney advised this would be the time for any member of the public to address the Council on agenda Items "A" through "E". There were no speakers. The City Attorney announced that Item "A", a conference with Real Property Negotiator pursuant to Government Code Section 54956.8 related to property owned by the Redevelopment Agency, would not be discussed in Close Session however, will be added to the Closed Session agenda for the Redevelopment Agency. The City Attorney announced that the City Council would meet in Closed Session pursuant to Government Code Sections 54956.9 (b) and (c) and 54957.6 to confer with the City's Real property Negotiators and confer with Legal Counsel with regard to anticipated litigation. I By unanimous consent the Council adjourned to Closed Session at 5:07 p.m. and reconvened at 6:20 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported that the City Council had discussed Items "B" through "E" and gave direction to the City's Labor Negotiator. with respect to Item "C", Labor Negotiation with OCEA, Councilman Antos abstained from participation, no other reportable action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:21 p.m. clerk Approved: ~ Mayor I Attest: ~.~ ~1Y1~ City Clerk .","'"..."" I I I ~. \,"'.'>" ,'J '". '_ ~..~ : " 6-28-04 Seal Beach, California June 28, 2004 The City Council of the City of Seal Beach met in regular session at 7:21 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Counci1members Antos, Larson, Levitt, Ybaben None Absent: Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works/City Engineer Mrs. Arends-King, Director of Administrative Services Captain Pounds, Lifeguard Department Mrs. Devine, City Clerk APPROVAL OF AGENDA Mayor Yost announced that Item "H" would be removed from the agenda and not considered, Councilman Ybaben requested Items "K, L, and M" be removed from the Consent Calendar for separate consideration, and Councilman Antos requested Item "R" removed. Antos moved, second by Larson, to approve the order of the agenda as revised. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PRESENTATIONS/PROCLAMATIONS Mayor Yost announced a fundraiser, "Tip-A-Cop", in support of the Special Olympics sponsored by the Seal Beach Police Department to be held at Islands Restaurant in Seal Beach on Tuesday, June 29th from 5:00 to 10:00 p.m. ORAL COMMUNICATIONS Mayor Yost declared Oral Communications open. Mr. Jim Cavio1a, Seal Beach, requested an increase in the tree budget, it was reduced from $75,000 a year to $25,000 for the entire city, otherwise continue the program whereby the City would match funds for projects. He claimed that street repairs have been put off so long that the main streets are abysmal and need immediate action. Ms. Reva Olson, Seal Beach, voiced her concern with the in-lieu parking program, a consultant was hired to prepare a Specific Plan, it stated that monies collected for in-lieu parking was to be kept in a separate fund, after five years if the City did not provide actual parking the money would be returned to those who had paid. Ms. Olson claimed there is only $5,700 in the account, the community deserves an accounting of the funds, and is this legal. Mr. Ronald LaVelle, Sergeant with the Seal Beach Police Department and President of Police Management Association, stated he was not representing the Association rather all employees of the Seal Beach Police Department, his concerns were in regard to the Police Services Study done by Organizational Effectiveness Consulting, there was no opportunity for dialogue between personnel and the persons doing the study, nor input by the public of their needs. The Police Department takes pride in serving this community but 6-28-04 the community is not served if they do not have all of the resources to do the job right. Ms. Joyce parque, Seal Beach, welcomed Councilman Levitt and congratulated Councilman Ybaben on the articles he writes for the local newspapers. Ms. Parque mentioned having attended the budget sessions, her thought was that the Council should have gone department by department, all of them can make some cuts then the Council could make cuts in the utility tax, this is a small City of 25,000, 10,000 live in a gated community, twelve million dollars goes out of the City in salaries, the City needs to go back to a five day work schedule. She claimed the fire contract needs to be reviewed the City gets billed per call, a recent local news article reported the City pays the Orange County Fire Authority an average of $3.3 million annually and reported 2,500 incidents, more than twice as much as Los Alamitos and the Leisure World calls generate most of that, according to the article, we are over paying. She made reference to the Police Department Services Study, the officers on worker's comp, the attorney billing last year referred to the a law suit with officer A the City can not continue to go down this road. Ms. Sue Corbin, Seal Beach, stated her appreciation of the Police Department, this is the end of mismanagement from city managers, a business City Manager is needed, and this Manager received an 8.9% raise this year. Ms. Corbin expressed concern about the response she received from the Finance Director with regard to the salary codes, inquired as to the need for an Assistant City Manager, stated the Recreation Department can be run by volunteers, and the City does not need four engineers. The Police Department works hard and earns their salary, they have improved a thousand percent over the last ten to twenty years. She asked to have the closed session item reported by name not by number, the community needs to know what is being discussed. Mr. Terry Krieger, Crestview Avenue, welcomed the new councilman and wanted to speak to Item H, removal of the San Gabriel Pacific Park Society from the project Area Committee, it was pulled from the agenda. Said he wanted to inform the Council that there are a large number of people interested in the Society and the agenda item, if it comes back to the Council they will be here to address the issue. Dr. Robert Goldberg, Seal Beach, referred to the Police Study and suggested there be two or three readings as there is considerable information and recommendations, the concern is that the report needs more discussion and public input before the Council accepts the recommendation to remove the hiring freeze and accept all of the management recommendations. He said he would recommend an informal informational session where one has a chance to ask questions of the contractor and the Police Chief, the report raises many questions and it makes over forty recommendations, it appears to have good news, the crime rate is low and the average response time is about four minutes, the case load does not seem to be excessive. The Study concludes the City should hire six more officers where according to the overtime it should be equivalent to about three officers, it also points out problems at the management level. Dr. Goldberg offered that overall the report seems somewhat confusing and agrees with the other speakers about community input and finding out what their priorities are. There being no other speakers, Mayor Yost declared Oral Communications closed. I I I CITY ATTORNEY REPORT No report was presented. ","r'~ytt '..:,~c~-~: ... I I I ..,:,.:", ',. , ~'::7;f';'1' 6-28-04 CITY MANAGER REPORT No report was presented. COUNCIL COMMENTS Councilman Antos reminded staff to post the "No Fireworks" signs around the City, a neighboring city will be allowing fireworks, there needs to be assurance that they do not spill over into Seal Beach. Another concern is the sand castle event proposed by Volvo "Dunes & Tunes", if it is not a non- profit group then the City should not absorb the cost nor loose revenue with cars being displayed in the 8th Street parking lot, also, no foreign substance should be used in the sand because of the glue incident last year. Councilman Ybaben announced that the College Park East Neighborhood Association is planning a 4th of July function at Heather Park from 11:00 a.m. to 1:00 p.m., it is targeted towards youngsters, and invited all to join the festivities. Mayor Yost stated to carryon with tradition, it is Hawaiian shirt season, and therefore no ties are required during the summer months between Memorial Day and Labor Day. With regard to the Police Study the Council asked for it to be done in hopes of find ways to improve what is already being done, no one from outside forced the Study, there will be further discussion after the report is presented. COUNCIL ITEMS RESOLUTION NUMBER 5252 - MAYORAL APPOINTMENTS Antos moved, second by Larson, to adopt Resolution Number 5252 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CONFIRMING APPOINTMENTS MADE BY THE MAYOR AND COUNCIL OF REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES, AND ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS AND REPLEALING RESOLUTION NUMBER 5134" as revised to reflect. Mavor and Council Appointments - 2004/2005 * Paul Yost - Board of Directors of Orange County Sanitation District - Charles Antos - alternate Charles Antos - West Orange County Water Board - Ray Ybaben - alternate Charles Antos - Southern California Association of Governments - Mike Levitt - alternate Paul Yost - Orange County Division, League of California Cities - John Larson - alternate Charles Antos - Santa Ana River Flood Protection Agency - Paul Yost - alternate John Larson - Orange County Fire Authority - Charles Antos - alternate Ray Ybaben - West Comm - Joint Powers Authority (JPA) Charles Antos - Orange County Library Board - John Larson - alternate Ray Ybaben - Orange County Transportation Authority, Growth Management Area #3 & Area #6 - Mike Levitt - alternate Mike Levitt - Interstate 405 Major Investment Study (MIS) Policy Working Group John Larson - Interstate 405 Major Investment Study (MIS) Policy Working Group Ray Ybaben - Garden Grove Freeway (SR-22) Improvement Project, City Liaison - John Larson - alternate Paul Yost - Director to JPIA - Joint Powers Insurance Authority (alternates Bahorski & Yotsuya) * * * * * * * * * * * * Mayor Yost encouraged all Councilmembers to attend the League of Cities meetings. He mentioned that there are currently no 6-28-04 funds budgeted for dues for the Orange County Regional Airport Authority, this will be brought back if there appears to be an interest in participating in OCRAA. Councilman Levitt expressed an interest in becoming the representative to the Orange County Vector Control Board when the term expires in December. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I APPOINTMENTS BOARDS AND COMMISSIONS Antos moved, second by Ybaben, to approve the appointments to the various Boards and Commission made by the appropriate Councilmembers as presented. Councilman Levitt advised that since his appointment to the Council was made just last week he has not the opportunity to review the District Five representatives and requested that the District Five appointments be held over to a later meeting. Archaeolooical Advisorv Committee - One-Year Term (Each Council District representative makes these appointments however the appointee may be at-large) District One Keith Dixon (2005) District Two William Hoy (2005) District Three Richard Coles (2005) Architectural Review Board - Tracts 6345 & 6346 No longer a City appointment - CC&R Citizens participation District One District Two District Three Committee - Four-Year Term Wendi Rothman (2008) Allene Harding (2008) Jane McCloud (2008) I civil Service Board - District Three District Four Six-Year Term Dr. Robert Goldberg Judy Coleman (2010) (2010) Environmental Oualitv Control Board - Four-Year Term District Four Clif Vineyard (2008) Parks and Recreation Commission - Three-Year Term District Four James Derry (2007) Plannino Commission District Four Four Year Term Gary Roberts (2008) proiect Area Committee Two-Year Term District Three - Resident - Carla Watson (2006) District Three - Business - Joe Kalmick (2006) Seal Beach Historical Society Laura Alioto - (organization) (2006) Friends of the Mary Wilson Library Terry Barton - (organization) (2006) San Gabriel Parks Society Mitzi Morton - (organization) (2006) I Seal Beach Cable Communications Foundation - Two-Year Term District District District District One Two Three Four Margene Walz (2006) Betty Martin (2006) Peter Anninos (2006) Ruby Lee (2006) ~~"t" ...-.;. .~y~,,:",> AYES: NOES: . ;(~l,il-;i', 6-28-04 Antos, Larson, Levitt, Ybaben, Yost None Motion carried CONSENT CALENDAR - ITEMS "c" thru "R" Larson moved, second by Antos, to approve the recommended action for items on the Consent Calendar as presented, except Items liB", UK", "L", "M", and uRn, removed for separate consideration. I I C. Approved the.waiver of reading in full of all resolutions and ordinances and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after the reading of the title unless specific request is made at that time for the reading of such resolutions and ordinances. D. Approved the minutes of the regular adjourned and regular meetings of May 24, 2004 and June 14, 2004. E. Approved regular demands numbered 46699 through 46904 in the amount of $394,673.87, ADP payroll demands numbered 10806362 through 10806442 in the amount of $177,837.40, and authorized warrants to be drawn on the Treasury for same. F. Received and filed Monthly Investment Report for May, 2004. G. Adopted Resolution Number 5253 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING A BUDGET AMENDMENT, NO. 04-29 FOR NEGOTIATED MOU CHANGES, AND OTHER WAGE AND BENEFIT COST INCREASES". The total budget amendment increases General Fund expenditures $175,965. By unanimous consent, full reading of Resolution Number 5253 was waived. I. Ratified the fiscal year 2004/2005 budget of the West Orange County Water Board and the City share in the amount of $34,438.00. J. Adopted Resolution Number 5256 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH APPROVING MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) 2003 EDITION AND THE MUTCD CALIFORNIA SUPPLEMENT". By unanimous consent full reading of Resolution 5256 was waived. N. I O. Adopted Resolution Number 5257 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF SEAL BEACH". (Measure M funding) By unanimous consent full reading of Resolution 5257 was waived. Bids were received until Tuesday, June 22, 2004 at 11:00 a.m. for Seal Beach Boulevard and Pacific Coast Highway Intersection Widening, Project No. 49758, at which time they were publicly opened by the City Clerk as follows: 1. R.J. Noble 2. Palp Inc. $530,351. 00 $535,113.25 6-28-04 3. Sequel Contractors 4. Shawman $589,869.00 $734,150.00 Awarded a construction contract for the Seal Beach Boulevard and Pacific Coast Highway Intersection Improvements, Project Number 49758, to R.J. Noble, the low bidder, in the amount of $530,351.00, and authorized City Manager to execute the contract on behalf of the City. I P. Approved the purge of Police Department records that meet California Records Act qualifications for destruction, pursuant to Resolution Number 4951. Q. Received and filed the Facility Condition Assessment Report prepared by TEC Engineering Inc. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" - REMOVAL OF SAN GABRIEL PACIFIC PARK SOCIETY - PROJECT AREA COMMITTEE Mayor Yost stated the two proposed resolutions, one relinquishing the representation of the San Gabriel Pacific Park Society on the Project Area Committee, the other redefining membership of the project Area Committee, were withdrawn and not considered. ITEM "K" - ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTAl AMEMNDMENT NO.8. C-95-99l Ybaben moved, second by Antos, to adopt Amendment Number 8 to Cooperative Agreement Number C-95-99l, which amends the original Master Funding Agreement with OCTA to replace Exhibit "A" with a revised list of open projects. I Councilman Ybaben requested an additional project, a sound wall along the 405 freeway extending from its current location to the end of the parking lot of the tennis facility. The Director of Public Works explained that this is a list of existing projects, staff could make a request to OCTA on behalf of the City for a wall under a different Caltrans State program dealing with sound walls. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEM "L" - SECURITY VULNERABILITY ASSESSMENT REPORT Antos moved, second by Yost, to receive and file the submission of the City's Water System Security Vulnerability Assessment Report to the United States Environmental Protection Agency, said report prepared by Risk Management Professionals. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I ITEM "M" - SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM - MAINTAIN MEASURE M ELIGIBILITY Antos moved, second by Ybaben, to adopt a seven-year Capital Improvement Program as required by the Orange County Transportation Authority (bCTA) for funding under the Measure M program, currently receiving approximately $230,000 in Measure M turnback funding annually. ,V~""""~.. 1-'''.(~!'~..~ I I I 6-28-04 Councilman Ybaben requested clarification as to the difference between the seven-year Capital Improvement Program and the Circulation Element for Measure M eligibility. The Director of Public Works stated this item is the documentation for the funds, to receive the funding the City must confirm that no changes have been made to the Circulation Element nor reduction of any through lanes of any of the arterials in the City. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEM "R" - LETTER OF AGREEMENT - GRACE COMMUNITY CHURCH Ybaben moved, second by Antos, to continue this item until the July 12th, meeting and requested Grace Community Church representatives to be present to explain the circumstances of the Agreement. The concern is in regard to the ten guest passes at no cost to the Church for occasional use by Church- designated visitors, that is the current language of the one- year agreement. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PUBLIC HEARING / RESOLUTION NUMBER 5258 - FISCAL YEAR 2004/2005 and FISCAL YEAR 2005/2006 OPERATING and CAPITAL BUDGETS - FISCAL YEAR 2004/2005 APPROPRIATION LIMIT Mayor Yost declared the public hearing open to consider fiscal years 2004/2005 and 2005/2006 Operating and Capital budgets and the Appropriation Limit for 2004/2005. The City Clerk certified that the notice of the public hearing was posted as required, the City Council notice of this hearing was published once in the Sun newspaper on June 17, 2004, and no communications received either for or against this item. The City Manager reminded the Council that the budget will be amended throughout the year therefore the figures will change. The Director of Administrative Services presented the staff report explained that there were no changes made to the proposed bi-annual budgets for both fiscal years during the workshops, therefore the resolution presents the same proposed expenditures for each fund except for minor changes to General Fund expenditures and revenues due to more updated information. The proposed budgets for both fiscal years are balanced, and the General Fund Reserve requirements, according to the City's budget and fiscal policies, are met. Mayor Yost invited all interested persons to testify for or against the proposed matter. Dr. Robert Goldberg, Seal Beach, spoke in favor of adoption of the proposed budget and Capital Improvement Plan, stated the Council and Manager should be commended for the decisions made over the last three to four years, the Council made many difficult decisions with regard to the hiring freeze, development of the Bixby Center, etc. Dr. Goldberg agreed with the City Manager's proposal to transfer $2.7 million from the General Fund to street repair, that is a start and if the City continues to be fiscally responsible in the future there will be more funds available. He also agreed it would be unwise to lower the Utility Tax at this time, Seal Beach does not have the highest utility tax in the country, State, or the southland and there are about two thousand homes exempt because their income is below $30,000. Ms. Reva Olson, Seal Beach, stated she is against the proposed budget in as much as the Utility Tax is probably illegal, the people of Seal Beach did not vote on it. There are areas that can be cut, the people like their Police Department however how much 6-28-04 longer can the City afford them, and we need to fix the streets. Ms. Sue Corbin, Seal Beach, suggested that there be a service study on City Hall, she felt the study of the Police Department only embarrassed them, they provide a service that is vital to the community, where is all the money going. Ms. Corbin expressed her concerns with the City Manager, City Attorney, and other City staff members, the Council needs to take time to go over the warrants and petty cash. Her belief is that there are people in the City that would serve on a grant committee to bring in money for needed street repair, and suggested that attorney services be put to bid. Ms. Joyce Parque, Seal Beach, expressed her concern that the Council will pass the budget as is, there is room for everyone to reduce their department, it is also sad when the highest revenue sources are the Utility Tax and property tax. Ms. parque stated the taxpayers are paying the bills, there is grass growing in the streets, instead of giving a two percent increase in salaries you can reduce the Utility Tax by two percent. The beach is the best asset of the City and it has not been cleaned since last August. She suggested last year that the City mount a camera on the corner of Westminster and Seal Beach Boulevard to cite speeders then the police could have time to do other things, it is time to make some changes. Mayor Yost declared the public hearing closed. I Councilman Ybaben stated that at the budget workshops he expressed some concerns and made a few suggestions yet the Council did not take any action at that time. His feeling is that the Council has not had an opportunity to do any goal setting or strategic planning that would help pass the budget, and made reference to the City of Los Alamitos' strategic plan as an example of what type of document the City could have. He referred to the budget as a living document and made a pledge to work with the City Manager and staff to seek ways to save a half million dollars in the budget this coming year. Mr. Ybaben.also noted a couple of technicalities, the tennis facility will be turned over to the City in September, the City in turn will be investing in upgrades, then the facility will be leased and become a revenue source, he would like to treat it like an enterprise fund with income from the lease of that facility and the income from the cell tower lease, the City needs to show how these investments are paying off, he would like the Finance Director to keep those records separate, he would also like to set up a trust fund for the transfer of what is left of the $1 million that the Bixby Company will be giving the City to be used for College Park East. .Councilman Antos agreed that the monies from Bixby should be set aside for use in College Park East. He said another concern is the police study that is coming up, after the budget is dealt with personnel takes a large portion of the budget already and there will be issues to deal with that will impact the budget, all recommendations in the police study is in need for more discussion, there is also the issue of the properties the City owns and what the options are with this inventory, the budget can be modified to create savings and still keep the level of service in the community. Councilman Larson indicated he did not necessarily support .strategic planning, his feeling is that most of the time that comes down to just words, he did not favor a strategic plan coming from the City of Los Alamitos and it appears that it is out of date. Mr. Larson reminded the Council that if the City accepts the tennis facility and the $1 million then it will be up to the Council as to how the monies will be spent in I I .K,~'~::'<'i". t"""4'~P'-" I I I 1"-:-. 6-28-04 College Park East, his belief is that it should be spent on the tennis facility to benefit the entire city, this has nothing to do with the budget, and he is not in favor of a goal setting session. Mayor Yost stated that the budget should reflect the goals of the City Council, this budget is a representation of the Council, five distinct districts, the priorities of the district and constituents, residents like living in a nice beach community, they want the infrastructure upgraded, they like having their own police and lifeguard departments, and that is why it would be beneficial to have goals. Ybaben moved, second by Antos, to adopt Resolution Number 5258 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALIFORNIA, ADOPTING FISCAL YEARS 2004-2005 AND 2005-2006 BUDGETS, SETTING APPROPRIATION LIMIT FOR FISCAL YEAR 2004-2005 AND AMENDING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2003-2004 AND AUTHORINZING APPROPRIATIONS BY FUND". By unanimous consent, full reading of Resolution Number 5258 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PUBLIC HEARING/RESOLUTION NUMBER 5259 - STREET LIGHTING ASSESSMENT DISTRICT Number 1 -2004/2005 Mayor Yost declared the public hearing open to consider the Street Lighting Assessment District for 2004/2005. The City Clerk reported that the notice of hearing was posted as required, the City Council notice of this hearing was published once in the Sun newspaper on June 10, 2004. The Director of Administrative Services presented the staff report, explained that the rates are not increasing and there will be adequate funds available to maintain the required reserve and pay for the utility. Councilman Ybaben inquired as to how the funds are collected and for what are they used. The Director of Administrative Services responded that collection is through the property tax bill, itemized and maintained in a separate fund, primarily the funds are used to pay the street lighting bill. Mayor Yost invited members of the audience wishing to speak to this item to come to the microphone and identify themselves. Ms. Sue Corbin, Seal Beach, claimed that people living at the top of the Hill area pay an additional special rate and asked if that means they pay twice, also, who is in charg~ of street light repair and that they are not on during the daylight hours. There being no further comments, Mayor Yost declared the public hearing closed. Mayor Yost inquired about the repair and the special tax question. The City Manager explained that calls for repairs can be made to the Public Works Department then Edison makes these repairs, City employees also check to see if there are repairs needed. The Manager said he is not aware of any special assessments. Ybaben moved, second by Larson, to adopt Resolution Number 5259 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONFIRMING THE DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR STREET LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2004-2005". By unanimous consent, full reading of Resolution Number 5259 was waived. 6-28-04 AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ZOETER SCHOOL HISTORY AND STATUS REPORT The City Manager presented a report relating to the historical background and status of the Zoeter school property, review of files relating to Zoeter basically a re- creation of twenty-two years of decisions and actions taken by numerous City Councils, the property acquired primarily for recreation purposes. He noted that parcel one, the commercial portion fronting Pacific Coast Highway was purchased by the Redevelopment Agency through a lease purchase agreement with the Los Alamitos Unified School District, parcel two, consisting of the day care facility was lease-purchased by the Redevelopment Agency, and parcel three, commonly known as the baseball field was purchased through General Fund. In 1995 the Third Amendment to the Master Lease of the City set forth a provision of granting the Rodi Family Trust an option to purchase the landlord's interest, the amendment describes in detail how the purchase price is to be arrived at and the process should the parties not agree on a purchase price. It is recommended that the Council and community members read this section carefully, the Council cannot change the option period or establish a different purchase value by using a method other than what is allowed in the document. The Zoeter School transaction was time consuming and complex and looking back at the acquisition, it appears that the Council and staff did everything possible to accomplish what the community desired which was to preserve Zoeter School and the open space. The City controlled the development of zoeter, which was done as requested by Council, without a tax increase, sale of other City assets, or an assessment district. The Manager noted that the Rodi Family has expressed interest, in the option to purchase. Mayor Yost announced that without objection the report would be received and filed. I I POLICE SERVICES STUDY Mr. Tom Esensten, Organizational Effectiveness Consulting, presented the findings of the Police Services Study which was conducted to address three main issues: what police services should be provided, what staffing level and mix are necessary to deliver the services, and what is the most appropriate organization structure. Mr. Esensten said this report should provide the information necessary to ensure ongoing high quality policing services in the City, the recommendations that will provide the Police Department with requisite stability and focus, outlines a staffing plan that will ensure the community receives core and essential police services while providing time for Department employees to engage in community policing activities, recommends modifications to existing contractual relationships, proposes others to maximize the benefits of available resources, and identifies key performance indicators that the Council can use to measure progress. The complete study with recommendations and the power point presentation is on file. I Councilman Ybaben offered that the community feels that the Police Department is doing a good job, however according to the study there are a lot of deficiencies and about thirty- eight recommendations, some due to the hiring freeze and other staffing problems, this is a report relating performance of the organization not of personnel. Councilman Antos stated the Study needs to be adopted as a whole rather than in sections for it to be an affective tool for "<'"",,""""-> ;::~'JM-,__ 6-28-04 .1 improvement. Councilman Larson commented on the loss of community programs that the Police Department once provided particularly to the schools, he believes Leisure World does not get their share of service, yet the Police Department is functioning well under the conditions that the Council has placed on them, that is why this study was requested. Councilman Levitt noted that there was no mention of the use of retired officers as volunteers to help with community programs. Mayor Yost asked if the study included the Volunteer Police Department, was informed it did not. Councilman Ybaben inquired about the difference between lateral and new hires, and the recommendation. Mr. Esensten explained that there is no difference in cost but there are service differences, also, should the Council approve all of the recommendations and lifts the hiring freeze there will be a temporary loss of service due to the recruitment process but that will increase once the hiring is completed. Larson moved, second by Levitt, to receive and file the Police Services Study. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried Larson moved, second by Ybaben, to accept the findings and recommendations, and that a review report be presented by the City Manager and Chief of Police within thirty days followed by quarterly reports. ,I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried Larson moved, second by Levitt, to remove the hiring freeze on the Police Department. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried Yost moved, second by Antos, to extend the time limit of the meeting as required by Resolution Number 5179 Section 17 to consider Item "W", Ordinance Number 1526, and hold over the Business License Report until the July 12, 2004 meeting. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ORDINANCE NUMBER 1526 - FATS, OILS, AND GREASE - MANAGEMENT/DISCHARGE/CONTROL REGULATIONS Antos moved, second by Larson, to approve the introduction and first reading of Ordinance Number 1526 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 9.22 TO THE SEAL BEACH MUNICIPAL CODE TO ADOPT FATS, OILS, AND GREASE MANAGEMENT, DISHCARGE, AND CONTROL REGULATIONS." City Attorney read in full the title of Ordinance Number 1526. I The Director of Public Works presented the staff report relating to regulating the management, discharge and control of fats, oils and grease into the City's sewer system. The Director explained that the requirement of the Regional Water Quality Board is that all agencies develop and submit a Legal Authority to the RWQCB by July 30, 2004 which must include specific measures relating to the agencies ability to regulate and control fats, oils and grease discharges into the sewer system, such discharges cause sewer spills into the ocean. The Director noted there will be a positive public 6-28-04 / 7-12-04 outreach to the food service establishments (FSE) which will include posters, a training video along with a Best Management Practices (BMP) manual on FOG instructing them to educate their employees, and a requirement for the installation of a grease interceptor for new restaurants or those restaurants that have building permit valuations of over $50,000. He mentioned that after the second reading and adoption of the Ordinance a FOG Program Control Manual the remainder of the program will be developed to meet the regional deadline of December, 2004. I~ AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried BUSINESS LICENSE REPORT - CONTINUED TO JULY 12, 2004 MEETING CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until July 12th, 2004 at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 10:40 p.m. clerk it Clerk and of the City of Approved: ~ Mayor I Attest: f4.,/4 fJlf1'~1 C~ty C er Seal Beach, California July 12, 2004 The City Council of the City of Seal Beach and the Redevelopment Agency met in a joint regular adjourned and special meeting called for at 6:30p.m. with Mayor calling the meeting to order. session Yost "~ALL AND NOTWF OF A SPF~IAI. MFFTING OF THE SEAL BEACH REDEVELOPMENT AGENCY I TO MEMBERS OF THE BOARD OF DIRECTORS OF THE SEAL BEACH REDEVELOPMENT AGENCY: Charles Antos, 136 - 14th Street #A, Seal Beach John Larson, 13741 Annandale Drive #18G, Seal Beach Michael Levitt, 1320 Knollwood Road #42F, Seal Beach Ray Ybaben, 4373 Hazelnut Avenue, Seal Beach Paul Yost, 485 Schooner way, Seal Beach