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HomeMy WebLinkAboutCC Min 2002-06-10 6-10-02 Seal Beach, California June 10, 2002 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Larson calling the meeting to order with. the Salute to the Flag. ROLL CALL Present: Mayor Larson Councilmembers Antos, Campbell, Doane, Yost I Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to confer with the City's property negotiator Mr. Lattimer, the Assistant to the City Manager, and the City Manager with regard to a property located at 900 Ocean Avenue, Ruby's Restaurant. By unanimous consent, the Council adjourned to Closed Session at 6:31 p.m. and reconvened at 6:57 p.m. with Mayor Larson calling the meeting to order. The City Attorney reported that the Council had discussed Item "B" on the agenda as previously reported, gave direction to the City's negotiators, no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:59 p.m. I Approved: '- JDldb1 ~'-"' Mayor Attest: Seal Beach, California June 10, 2002 I The City Council of the City of Seal Beach met session at 7:00 p.m. with Mayor Larson calling order with the Salute to the Flag. in regular the meeting to ROLL CALL Present: Mayor Larson Councilmembers Antos, Campbell, Doane, Yost 6-10-02 Absent: None I Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Danes, Director of Public Works/City Engineer Chief Sellers, Police Department Ms. Arends-King, Director of Administrative Services Ms. Yotsuya, Assistant to the City Manager Ms. Yeo, City Clerk APPROVAL OF AGENDA A member of the audience requested that Item "M" be removed from the Consent Calendar for separate consideration. Campbell moved, second by Yost, to approve the order of the agenda as revised. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I ANNOUNCEMENTS Councilman Doane announced that last week Mayor Larson, the City Manager, and himself were invited guests of the Ayres Hotel, a very nice hotel, one the entire City can be proud of. Councilman Yost noted the tragic death of a young girl from McGaugh School, he is going to try to work with the family as it is believed they want to do a memorial service at the beach. Councilmember Campbell noted that Leisure World will be celebrating its fortieth anniversary on Saturday, June 22nd. Mayor Larson added that there will be entertainment, food, and a parade with an original resident of one hundred years of age in attendance. :-:-f.t....\.... -.' ~~,' &~~~:. PRESENTATIONS ... , RECOGNITION - SEAL BEACH LEO CLUB MEMBERS Mayor Larson presented a scroll of recognition to Adam Denny for one hundred fifty-eight community service hours, Bryce Bannerman, one hundred twenty-one service hours, Jasa Denny, one hundred eleven service hours, Kris Ahrens, one hundred seven service hours, Chad Burtrum, one hundred six service hours, Keri Dapron for one hundred community service hours in 2001/02 for a total of six hundred thirty-three hours since 1997, and Grant Newton for five hundred fifty-one community service hours since 1997, Dapron and Newton having earned the Leo Award of Honor. I GIRL SCOUT SILVER AWARDS Councilmember Campbell noted that the Silver Award is the highest award that a Cadet Girl Scout can receive, they are Junior High School age, scouting offers a wonderful exposure to a variety of activities for both girls and boys. Councilmember Campbell presented certificates of recognition to Seal Beach members of Troop 2234 Gina Bongiorno, Jasa Denny, Katie Scott, and Alison Screen, and Troop members Ashley Martinez, Candice DiFiore, and Jessica Bennett. The Silver Award recipients were commended for their achievement which was the result of considerable hard work. 6-10-02 RESOLUTION NUMBER 5019 - COMMENDING ALEXANDRA GORNICK - GIRL SCOUT GOLD AWARD Councilmember Campbell noted that the Gold Award is the highest Award a Girl Scout can accomplish and only a small percentage achieve this Award. Councilmember Campbell read in full Resolution Number 5019 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING ALEXANDRA GORNICK FOR ACHIEVING THE GIRL SCOUTS OF AMERICA GOLD AWARD." Campbell moved', second by Larson, to adopt Resolution Number 5019 as presented. I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried Resolution Number 5019 was presented to Miss Gornick, and Councilmember commended each of the girls as well as their parents. PUBLIC COMMENTS Mayor Larson declared Public Comments to be open. With regard to the Street Lighting Assessment District Ms. Sue Corbin, Seal Beach, asked if this was a new assessment, the response was that it was not. Ms. Corbin said if this is a public hearing she would ask that it be held over for two weeks, the diagram is missing, it was not in the library, therefore suggested that people have not been placed on notice, she would like to know what the item is so that the public can speak to it, all of the questions of the public need to be addressed. Ms. Joyce Parque, 6th Street, stated she purchased the set of budget books, has been reviewing them, and would ask that there be another budget workshop because she can not see where the City will have any money within a couple of years, the cuts thus far are about $308,000. She noted an election where a Charter amendment was adopted that allowed a two year budget, but in 2003/2004 the budget will not be balanced, the budget message was that the budget should be reviewed carefully because the revenues and expenditures are projected for a two year period, more cuts need to be made, deficits exist in the retirement fund, water and sewer funds, those equal $731,360, the City is going to want the residents to pay more utility users tax in about three years. If one looks at the five year budget plan it is a negative starting next year, the budget also states that if there is no money for matching grants the grants will not be received. The employees get salary increases, asked how that can be done when it is not known what their job will be in two to three years, next year the Manager gets an increase of a little more than $40,000 and an auto allowance, the City Clerk has an auto allowance of $1,800 yet the Clerk did give up monies for an assistant, the City Attorney budget was nearly a half million this year, last month was about $54,000 for a community of twenty-four thousand people, half of which are retirees and kids, Planning has $47,500 of increases next year, and where did the $714,706 go for the Planning Department to contract out. There being no further comments, Mayor Larson declared Public Comments to be closed. I I APPOINTMENT - PLANNING COMMISSION Councilman Yost moved to appoint Mr. Gordon Shanks as the District Three representative to the Planning Commission for the unexpired term ending July, 2005. CouncilmeIDber Campbell seconded the motion. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried 6-10-02 Councilman Yost expressed appreciation to Dr. Cutuli for his services to the community as a member of the Planning Commission. I CONSENT CALENDAR - ITEMS "D" thru "0" Doane moved, second by Antos, to approve the recommended action for items on the Consent Calendar as presented, except item "M", removed for separate consideration. D. waived the reading 'in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. E. Approved regular demands numbered 37651 through 37886 in the amount of $707,318.80, payroll demands numbered 16100 through 16246 in the amount of $173,244.04, and authorized warrants to be drawn on the Treasury for same. F. Adopted Resolution Number 5020 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGET AMENDMENT NUMBER 02-30 TRANSFERING HALF OF OTS POLICE OFFICER SALARY TO THE OTS GRANT FUND FOR THE 2001/2002 FISCAL YEAR," (Office of Traffic Safety) By unanimous consent, full reading of Resolution Number 5020 was waived. I G. Adopted Resolution Number 5021 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 02-29, TO ADJUST THE CURRENT YEAR BUDGET FOR FUNDS ENCUMBERED IN FISCAL YEAR 2000/2001." By unanimous consent, full reading of Resolution Number 5021 was waived. H. Adopted Resolution Number 5022 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING RESOLUTION NUMBER 4909 SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2001/2002." By unanimous consent, full reading of Resolution Number 5022 was waived. I. Received and filed the staff report relating to participation in the Orange County Urban County Community Development Block Grant and Home Programs, fiscal years 2003-2006, and authorized the City Manager to sign the letter of participation. I J. Authorized the Mayor to sign a letter of support of a study by the Orange County Sanitation District to develop programs to control fats, oils and grease that enter the sanitary sewer system. K. Approved the Extension Agreement for After Hours Animal Control Services with the City of Long 6-10-02 Beach for the period of July 1, 2002 through June 30, 2003 (the terms of said Agreement to remain the same). L. Approved the plans and specifications for citywide tree trimming services, and authorized staff to initiate the bid process. I N. Adopted Resolution Number 5023 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING SUBMITTAL OF AN APPLICATION FOR THE STATE BICYCLE TRANSPORTATION ACCOUNT PROGRAM." By unanimous consent, full reading of Resolution Number 5023 was waived. O. Approved Amendment No. 6 to Agreement No. C-8-0197 between the Orange County Transportation Authority and the City of Seal Beach to extend the term of said Agreement through June 30, 2002, the purpose of the Agreement is to provide transportation services to the senior nutritional program. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "M" - CLAIM FOR DAMAGES Ms. Sue Corbin, Seal Beach, asked that the process by which claims are handled be placed on a future agenda as well as how the City is insured, it does not appear that this claim is being referred to risk management, the public needs to know, the Council should see the claims, and objected to the recommendation to deny the claim and refer it to the adjuster and liability attorney. She inquired as to the amount of the claim and said she thought there was agreement that this type of claim would be settled. Ms. Corbin was advised to make her inquiry through the City Clerk not the City Attorney. I Doane moved, second by Campbell, to deny the claim of Barbara Ann Downey for automobile damages as a result of a stray softball from Zoeter Field, and refer same to the City's liability counsel and adjuster. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried PUBLIC HEARING / RESOLUTION NUMBER 5024 - STREET LIGHTING ASSESSMENT DISTRICT - FISCAL YEAR 2002/2003 Mayor Larson declared the public hearing open to consider Street Lighting Assessment District No. 1 for fiscal year 2002/2003. The City Clerk certified that notice of the public hearing had been advertised as required by law and reported no communications received either for or against this matter. The Director of Administrative Services presented the staff report, explained that this is the annual renewal of the Street Lighting Assessment District, the District has been in place for fifteen to twenty years, an outside firm performs the assessment, and the Engineers Report is available in the office of the City Clerk for public viewing. The Director noted that the assessment has not been increased for at least ten years, the annual assessment for single family homes in College Park East and West, the Hill and Cove areas is $21.86, single family homes I. 6-10-02 in Old Town is $11.26, Leisure World condominiums is $1.21, and Surfs ide is $4.15. I Mayor Larson invited members of the audience wishing to speak to this item to come to the microphone and identify themselves for the record. Ms. Sue Corbin, Seal Beach, asked if the diagram is the same as the Engineers Report, are the rates increased, if the notice of pUblic hearing was advertised, and inquired as to why the diagram was not in the library. Staff explained that the diagram and Engineers Report are available in the office of the City Clerk, and the rates have not been increased. Ms. Joyce parque, 6th Street, asked if the residents are not already paying for electricity, does the City need this money, what is the $100,000 reserve, why are the residents paying more, and has the cost of electricity gone up that much. The Director responded that costs have gone up however the rates have not been raised because there was adequate money in the reserve to cover any adjustment in the utility rate, the requirement is that at least fifty percent of the actual expenses be kept in reserve, it will be around $90,000. Ms. parque stated that if this money is going to be kept in reserve then other areas of the budget need to be cut to assure that the budget is balanced, and concluded that the utility fees that are paid are high. There being no further comments, Mayor Larson declared the public hearing closed. I Campbell moved, second by Doane, to adopt Resolution Number 5024 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. I FOR FISCAL YEAR 2002/03." By unanimous consent, full reading of Resolution Number 5024 was waived. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried PUBLIC HEARING - 2002/03 SUPPLMENTAL LAW ENFORCEMENT SERVICES FUND (STATE COPS) Mayor Larson declared the public hearing open to consider acceptance of funds provided under State Assembly Bill 3229 and the proposed expenditure of same. The City Clerk certified that notice of the public hearing was advertised as required by law, and reported no communications received either for or against this item. The City Manager explained that the public hearing is a requirement of AB 3229, this will continue the salary and benefits for one police officer subsidized by this grant, the third year of funding under this program. He confirmed that there will be no use of General Fund money. There being no public comments, Mayor Larson declared the public hearing closed. I Antos moved, second by Doane, to approve the acceptance of the 2002/03 supplemental Law Enforcement (State COPS) funding, that the established SLESF be authorized to accept such funds, and that approval be given to the Chief of Police to expend these funds as proposed. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried CITY ATTORNEY REPORT No report was presented. , ~ . 6-10-02 CITY MANAGER REPORT No report was presented. COUNCIL COMMENTS In response to a letter in the most recent edition of the local paper, Councilmember Campbell clarified that her statement relating to proposition 13 was that thirty to thirty-one percent of the homes in the City are under Proposition 13, that means that the City does not receive the amount of property tax that it could, at no time did she say she hated proposition 13 or that she wanted to do away with it, Prop 13 is a Statewide proposition, nothing that the City has in its power to do anything about, the City has to live with the affects of Prop 13, that is especially true when the City is considering its own budget in that Prop 13 does limit the amount of funds received for property tax, the letter also stated that she wanted to get rid of all of the homes under Prop 13, to that she said she never said or inferred that. Councilmember Campbell recalled that in the mid-1970's property taxes were so high people could not afford to live in their homes, that is when property tax relief was enacted. With regard to the Redevelopment Agency, what has it done, the Mary Wilson Library was built, the land for the Public Works Yard was purchased, is in the process of building a pump station to keep Old Town from flooding, those are good things. If the Agency debt and excess taxes are turned over to the County the ability is then lost to do such things for the City, if the bond obligation and tax increment is turned over to the County there would then no longer be a numerical obligation, the County could then take the excess tax revenue and provide low to moderate income housing somewhere else or they could put it in Seal Beach, the County would then be administering the low to moderate income housing program and keep the excess tax increment as well. She explained that providing affordable housing is a State mandate, cities can not say they can not provide it because they do not have the money to do so, it is a mandate, it must be complied with. The letter in the newspaper also said to get rid of the Redevelopment Agency and its corruption, the question is what corruption, this City has done nothing wrong nor is it corrupt, if someone is going to make accusations they should then be specific as to what it is, if there is nothing then do not make the accusations, it is wrong to accuse someone of something they did not do, yet the person that signed the letter may not have written it, that is a sad thing with certain people in this community, they write letters filled with comments that are not fact, the end does not justify the means, people should learn the facts. Councilman Antos said he wished to make a statement relating to the budget that will be before the City Council for adoption on June 24th and the utility users tax. The City has a sort of two year budget that is not balanced in the second year, a lot of unknowns for both this year and next year. He noted that in order to balance the State budget, the Governor and legislature may decide to take back funds that the City now gets such as the motor vehicle in-lieu tax, there has already been a proposal at the State level to raise taxes, that was defeated, the City will not know about this until near the end of the year, if that happens, the City will have to amend the budget with additional cuts for this year and drastic cuts for next year. The City also does not know when additional revenue will be available in the form of sales tax from Bixby and the Rossmoor Center, does not know when the Boeing development will be on line and,what that will generate in the way of sales tax. The City does not know how I 1 1 6-10-02 I much money will be available from the newsrack ordinance or from business license enforcement, nor the overall savings from the Police Department restructuring based upon attrition and planned retirements over the next year or so. It is yet unknown what kind of revenue the City will realize from the pier restaurant lease which is out for bid, it is not known what the report on the dissolution of the Redevelopment Agency will show, and if it would be a financial plus or minus in the short term. Councilman Antos stated that because of the unknowns, he voted with the majority to delay any utility users tax cut at this time, the Council agreed to take another look at the budget as soon as any of the aforementioned items happen or as there is a better picture of future finances, it is anticipated that the budget will be looked at again in November or December of this year. He noted too that the Council agreed that the utility users tax reduction would be reassessed in light of any additional revenues that become available and any modifications made to the budget, and if at all possible, when the question of a utility users tax cut again comes before the Council he will vote to support it. To the question of another budget workshop, the City Manager noted that the way it was left at the last workshop there was consensus that there would be no further workshops, rather the public hearing on June 24th. Councilman Antos said as part of the budget adoption on the 24th people will have the opportunity to speak to the City and Agency budgets. As a point of clarification he described the properties that are within the Agency boundaries as Oakwood Garden Apartments, the Trailer Park, Riverbeach Condos, the Department of Water and Power site, Bridgeport, the former City Yard property, all of the P. E. right-of-way park, and a portion of the area behind the Hill, also the Zoeter commercial and open space parcels. Councilman Yost stated that he has taken the position that the utility users tax ought to be lowered however it needs to be understood that the UUT in Seal Beach-is not the same as it is in other communities, it is different as to what utilities are taxed, in Seal Beach there is no UUT on cable or water, if that were the case the percentage might be considerably lower, to that he said the article in the local paper was misleading, one must look at which utilities are taxed to assess the tax burden on the community and whether or not a tax rate is equal to another based on what is taxed. I CLOSED SESSION No Closed Session was held. ADJOURNMENT By unanimous consent, the Council adjourned the meeting until June 24th at 6:30 p.m. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:48 p.m. I 't Clerk and the City of Approved: ~1Jtt) t.J..rt'l0Yl, 9~?!z(# Attest: