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HomeMy WebLinkAboutCC Min 2002-06-24 6-24-02 Seal Beach, California June 24, 2002 The City Council regular adjourned meeting scheduled for 6:30 p.m. this date was canceled due to the lack of Closed Session items in need of consideration. I Seal Beach, California June 24, 2002 The city Council of the City of Seal Beach met in regular session at 7:00 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 Absent: None I Also present: Mr. Bahorshi, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Danes, Director of Public Works/City Engineer Captain Schaefer, Police Department Chief Cushman, Lifeguard Department Mr. Vukojevic, Deputy City Engineer Mr. Cummins, Associate Planner Ms. Yotsuya, Assistant to the City Manager Ms. Yeo, City Clerk APPROVAL OF AGENDA Councilmember Campbell requested that Item "Q" be removed from the Consent Calendar for separate consideration, a member of the audience requested Item "M" removed, and Councilman Antos requested that the record reflect his abstention from voting on the minutes of February 11th, February 25th, and March 11th. Yost moved, second by Campbell, to approve the order of the agenda as revised. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I PRESENTATION SOUTHERN CALIFORNIA REGIONAL AIRPORT AUTHORITY This item was postponed pending the arrival of the presenter. ANNOUNCEMENTS Councilman Doane requested that this meeting be dedicated to the memory of former member of the Planning Commission, Mr. 6-24-02 I Tom Lyon, and that the City Clerk send a condolence letter to his family on behalf of the Council. Councilmember Campbell announced that on July 4th the College Park East Neighborhood Association will be holding its twelfth annual bike parade and fourth annual chili cookoff, described the~bike parade categories, the judges will observe the parade from the antique fire engine, a Police Department motor officer will be judging chili samples, and invited all to attend. Mayor Larson noted that there was a wonderful parade and festival in recognition of the Leisure World fortieth anniversary, there were old and new fire trucks, emergency vehicles, antique cars, a chili cookoff, many peoplei lots of . grandchildren, it was very well done. I PUBLIC COMMENTS Mayor Larson declared Public Comments.to be open. Mr. Bill Ayres, Seal Beach, said he wished to talk about Hennessey's. Mr. Ayres stated that on the previous Thursday evening Hennessey's Grill held a seventeenth birthday party, had a live band, the band was loud, could be heard from his home and from the house across the street from his, a neighbor reported that the doors and windows were open, and that they had an entertainment permit. Mr. Ayres said his understanding was that when they received their Conditional Use Permit it was said that if they had entertainment the windows and doors would be kept closed, that should be done no matter if it is summer weather, Hennessey's argument is that O'Malleys had entertainment, to that he has been informed that another Main Street business owner went to O'Malleys on an occasion when they did have entertainment yet it could not be heard from the street because the windows and doors were closed. Mr. Ayres claimed that time and again Hennessey's has appeared before the Council and the.Planning Commission, promised whatever necessary to obtain their CUP and then they renege, that is known. He stated that the provisions of the CUP provide that it can be rejected at any time because of anti-social behavior, on Thursday there was anti-social behavior, there was car racing in the parking lot, a neighbor thought it was time trials or a police pursuit, squealing of tires, racing around the block, there were patrons inebriated and yelling, a neighbor that told him that after midnight there were near fights outside of their home, all of this is anti-social behavior. Mr. Ayres said he understands that Hennessey's has been granted twelve entertainment nights, that is one per month, it was thought there was a limit of six. Mr. Ayres recalled that when the original management of Hennessey's came before either the Planning Commission or the Council they brought in someone in a chef's hat and a menu, stating that this was going to be top scale restaurant, but what they have, which is posted, is a two for One night on Thursdays, two for one hamburger night, it is not necessary to have two for one nights for an upscale restaurant. Mr. Ayres expressed his belief that a police officer should be present any time Hennessey's has entertainment and charged time and a half plus benefits for his services. He noted that someone asked why he did not call the police, his response was that he should not have to call the police, it is Hennessey's that should do that, and they are making an extreme amount of profit. Mayor Larson said he was certain that there will be a report forthcoming from the City Manager with regard to the conditions of the entertainment permits and a.report from the Police Chief as well. Councilman Yost asked if this issue could be included on the Planning Commission agenda from the City Council. The City Manager noted that it would not be necessary to go I 6-24-02 before the Planning Commission, the Manager has the power to revoke the permits under the provisions of public health, safety and welfare, the permit that was issued was for unamplified music, it does not sound as if that were the case, this can be dealt with on an administrative level. Question was then posed if the Conditional Use Permit for alcohol sales could be agendized for review by the Commission, the response was that that could be done, however if allowed the discretion all of the issues could be grouped together and addressed at once, to the issue of the windows being open, it is understood that is not allowed pursuant to a condition of the CUP. Councilman Yost noted that generally until something is agendized before the Commission there is not much,cooperation, his preference would. be that the CUP be reviewed based upon the testimony given. The Manager offered to take care of the issue. Ms. Gail Ayres, ,Seal Beach, said she wished to collaborate that all of the windows and doors were 'open, she observed them as she was driving down Main street on her way home, the drums were loud, the music could be heard outside as well as inside even though windows of her residence were closed. Ms. Ayres provided a copy of a news article in an Orange County paper on this date citing Seal Beach as stingray beach, suggesting that.if the beach is not posted possibly it should be. with regard to the Hennessey issue, Councilman Antos noted that the City Code has a provision to allow the Planning Commission to call a public hearing in the event of violations of a Conditional Use Permit as well as determine whether or not to revoke the permit, and recall and that in years past there had been a similar situation involving another business operator on Main Street where the City was able to get it resolved, so the Planning Commission does have that power. Mr. Gilbert Moore, Seal Beach, stated he was present on behalf of the Alzheimer Association, Orange County Chapter, and Ms. Katherine O'Brien, Seal Beach, a member of the Alzheimer Association staff. Mr. Moore stated.there are more than fifty thousand residents of Orange County who are afflicted with this disease, it is thought that by the year 2050 that number will triple, there will be one out of every ten persons over the age of sixty-five and over half of those over eighty-five may be afflicted with this disease, however this is not necessarily a seniors disease, it can strike people as young as thirty, the fact that it does strike people of these various ages impacts all generations, seven out of ten people having Alzheimer's disease live at home, family and friends provide the care, not only is there a tremendous emotional cost there is a large financial cost, the national average lifetime cost for a person with Alzheimer's is $170,000, the national average annual cost across the national is at least one hundred billion dollars. Mr. Moore said the National Association and the local Chapter, which he represents as a volunteer, is dedicated to providing services, education, advocacy for individuals, families, and communities that are afflicted .with this disease, there. are a variety of programs incl.uding Helpline, patient and family services, educational programs, all of the programs and services are.free to the residents of Seal Beach, the Helpline is open twenty-four hours a day, seven days a week and provides emotional support for .the caller as well as information about the disease and related disorders, Association services, and services that are available in the co~unities such as home care, adult day health care, . ass~sted living, skilled nursing facilities, elder care lawyers, financial planners, transportation, etc. Mr. Moore I I " I 6-24-02 I said understanding and caring for persons with Alzheimer's can be bewildering and frightening for the caregiver, the only antidote is knowledge, the more one knows and understands about the disease the more effectively one can improve the quality of care that is needed~other information that is available deals with communication techniques, safety techniques, choosing the right kind of residential facility, etc., and this information is available in a variety of languages. .Ms.' O'Brien said in addition to serving the families in Orange County by providing comfort and education, the Alzheimer's Association can assist city residents by directing them to a number of support groups that meet in the area, Safe Return is a nationwide program that assists in identification and safe, timely return of individuals with this disease and related memory disorders who wander and become lost, the program provides identification products such as an engraved bracelet or necklace, clothing labels, and a wallet identification card as well as registration in Safe Return's national database. Ms. O'Brien stated it is the goal of the Orange County Association to train all law enforcement emergency response personnel in this County so that they are familiar with the Safe Return program and are able to identify and assist individuals they may encounter who suffer from a memory impairment, and said she was pleased to announce that the members of the Seal Beach Police Department completed training in this program in February of this year, and in August she will be conducting training for members of the volunteer group. Ms. O'Brien extended an invitation to the Council and any residents of the Seal Beach community to serve as volunteers for the Alzheimer's Association, there are volunteer positions of all kinds, the help of everyone is needed to make a difference for the families in Orange County, and expressed appreciation for the opportunity to introduce the programs and services available to serve the residents of Seal Beach. I I Ms. Seretta Fielding, Seal Beach Boulevard; requested that the City continue with the residential overlay of Seal Beach Boulevard, that the Council redirect the staff to expedite completion of the overlay that has been promised for so long, she presented a packet from the residents of Seal Beach, business owners and property owners, and information relating to financial institutions that no longer loan on LCP land. As to the status of the LCP issue, the Director of Development Services explained that this issue has not been in the process for some time in that staff has been dealing with a number of other issues, Bixby and Hellman are coming upon conclusion, Boeing and the LCP matter will likely be the primary focus for the next six months to a year. Mr. Ross Delhay, First Team Realty, stated he represents a property owner on Seal Beach Boulevard. First, in reference to the prior speakers, Mr. Delhay expressed appreciation, he emphasized the importance of having ones legal documents in order while there is still capacity because under elder law once Alzheimer's is diagnosed a person is classified as not having capacity then documents are not deemed to be legal. Mr. Delhay stated that two years ago he took a listing on Seal Beach Bbulevard, the prior veterinary building, about a year ago he addressed the Council relating to the R-1 zoning overlay, he was in escrow with a local builder and at that time it was felt the R-1 was forthcoming, however the investors would not provide a bridge loan for the period of time to get the R-l approved, the builder then dropped out of the agreement because of the inability to get funding. In reference to the packet of information, Mr. Delhay said for a 6-24-02 financial institution to lend on a LC property they want a minimum of thirty percent down, for an R-l they want five percent, the reason is that if they have to foreclose on a house they think they can resell it, if they foreclose on a commercial building they feel they need thir,ty percent to cover the costs. Mr. Delhay said recently two other persons I were looking at the property for a helicopter service office, they could not find funding, currently he has two to five calls a day on the property, each time he needs to explain to the interested parties about the LC zoning, .he has a long list of people interested in R-l, the lenders will loan on R- 1, the buyers are interested in R-l, but will not touch LC. Mr. Delhay stated that his client, Dr. Roulf, almost gave up on R-l,' then was going to go LC and construct a dental building, yet with the demographics of his dental clients he could not move his practice to Seal Beach, if he did build a dental building it would be hard to move someone in because of the demographics of Seal Beach Boulevard for vehicle or foot traffic to support a new dental practice, therefore Dr. Roulf decided he could not do that., Mr. Delhay noted that that land is sitting fallow, asked how long that will be, his clients are interested in R-l, and his feeling is that R-l would do more for the City. Ms. Sue Corbin, Seal Beach, said with regard to bringing money in from business licenses, she suggested that the law be changed to add maybe $100 as an investigation fee when people are found that are not in compliance, plus a higher fine, the investigation fee could then go to the department for use, if an individual business is not willing to pay the local business license yet the City is going out, of its way to help them, that is not right. Ms. I Corbin referred to a recent news article where it was said the City of La Palma uses caution with its spending for attendance at meetings, travel, training, etc., by the end of the year Seal Beach may have a terrible time staying within any kind of budget, it may mean jobs, said she is against free lunches, the building department people should not have been brought in, and since they were, the number of them should have been, reduced to reflect the amount of work,' some of the engineers need to go, they are not needed, the Council needs to take care of the City, the Manager~vidently does not like to manage people. Ms. Rita Brenner, Trailer Park, made reference to the last Agency meeting at which Mr. Alan Gouch, President of the Trailer Park organization, which she said he represents eighty-seven percent of the Park residents, asked a specific question pertaining to an agreement, the wording of which was 'will you endorse and support specific wording of the cooperative amendment' which was sent to the City and Hunter Johnson. Ms. Brenner requested an answer, and said if there is no answer does that mean the City is ignoring the request of the majority of the residents, if ignored they would then request that this matter be placed on the agenda for the next Agency meeting. Another issue, she would like to see open communication at the end of the Council meeting, that would make for better I communication. She suggested also that when the Cquncil goes to Closed Session that those meetings be recorded, that might be necessary for future referral as some matters may come up for discussion where actions and votes may be requested. Ms. Brenner asked again that the cooperation agreement language be placed on the next Agency agenda. Ms. Joyce parque, 6th Street, thanked staff for teaching her how to read the budget. Sh~ said she sees the role of the touncil as that of a train that is about to wreck, then come to the taxpayers in about two years and ask for more money, she can see no surplus for this year rather a deficit, the water and sewer I I I 6-24-02 deficits have not been taken care of, she would ask for a directive calling for a reduction in each department of ten percent for next year, she would also like to have the City A~torney elected like in Huntington Beach, the attorney bill w~ll be a half million for this year, that does not include the Agency or lawsuits, legal issues should not be just one firm, she would like the voters to decide if they want a police department or go with the Sheriffs Department, next year the Police Department will cost six million dollars, she could not find the insurance and maintenance costs for all of the cars, the gas is $54,000, Recreation needs to pay for itself, the City is supposed to have a lot of money but where is it going, it is time that the budget be understood. The notice of the budget hearing was on a back page of the paper, if she took each department and put them on page three of the paper does one think it would get attention, people do not know what is being spent, the budget says in 2003 there may be $250,000 for alleys and curbs, it does not make sense to spend the money on everything but what is needed, there will soon be holes in the street, grass is growing from the cracks. Ms.Parque again asked that the position of City Attorney and the question relating to Polic~ Department versus Sheriffs Department be put on the ba~lot, she would be willing to get the votes. Ms. patricia Clark, Trailer Park, noted that at the May 13th meeting one of the Park residents addressed the Council and said the residents of the Park were scared, especially the older residents, in that the rental assistance would only last for three years and then what do they do. To that Ms. Clark said she wanted to set the record straight for the low income park residents, the Park residents, all residents and taxpayers should know the truth, first, there are two Agency rental assistance programs for the Trailer Park, the first is for all of the eligible residents except for those who are subletting their homes, it is to help with the first three years of rent increases, no one had to apply for the first program, the second program is for very lo~ income residents that would not be able to pay the higher rent, available to only those who qualify as low income residents, this was one of the most crucial parts of the transaction, the Agency did not want anyone to lose their homes that could not pay the higher rent, this information is from one of the revenue bond documents, and read the language from page thirteen, first paragraph, under Rental Assistance, 'pursuant to the Grant Agreement the Agency has agreed to provide at the date of delivery of the Series A bonds and annually thereafter as rental assistance, initally $273,358 will be deposited in a rental assistance fund 'and will be available to bridge the initial rent increases, beginning in the second year the Agency will provide rental assistance to a total of $120,000 for the next twelve years, although these funds are not pledged directly to the Series A bonds it is likely that the borrower will have to raise rental rates beyond the expectation of the current tenants if there is no such rental assurance.' Ms. Clerk reiterated that that is low income rental assistance for a minimum of twelve years and the Agency may .look at that again at the end of those twelve years, that is what the Agency money is for, to help the less fortunate residents of the City which includes the low income residents of the Park. Ms. Clark thanked the City and the Agency for putting these two programs in place. Ms. Seretta Fielding, Seal Beach Boulevard, stated she would have liked to have pulled Item "V" from the Consent Calendar, the revision of the General Plan, as that might help expedite Seal Beach Boulevard.. There being no further comments, Mayor Larson declared Public Comments to be closed. 6-24-02 ANNUAL APPOINTMENTS - BOARDS and COMMISSIONS Archaeoloqical Advisorv Committee Reappointments were made of Mr. William Hoy, District Two, Mr. Richard Coles, District Three, Mr. Bruce Fitzpatrick, District Four, and Mr. Robert "Gene" Vesely, District Five, for the one year terms ending July, 2003. I Citizens Participation Committee CHousinq/Communitv Development Proiects) Reappointments were made of Mr. Don Smoot, District Three, and Mr. Ted Harris, District Five, for the four year terms expiring July, 2006. Councilmember Campbell noted that the vacant bistrict Four appointment for the unexpired term ending July, 2004 would be made at a future meeting. Environmental Oualitv Control Board Reappointments were made of Mr. Mario Voce, District Three, and Mr. William Hurley, District Five, for the four year terms expiring July, 2006. . Parks and Recreation Commission Reappointment was made of Ms. Lisa Chattler, District Two, for the three year term expiring July, 2005.. proiect Area Committee Reappointments were, made of Ms. Carla watson, District Three Resident Member, and Mr. Joe Kalmick, District Three Business Member, Ms. Laura Alioto, Seal Beach Historical Society appointee, and Mr. Terry Barton, Friends of the Library I appointee, all for the two year terms ending July, 2004. The San Gabriel Park Society appointment had not been made therefore held over. Seal Beach Cable Communications Foundation Reappointments were made of Ms. Betty Martin, District Two, Mr. Peter Anninos, District Three, Mr., Fred Furman, District Four, and Mr. Richard Davies, District Five, for the two year terms expiring July, 2004. Campbell moved, second by Yost, to approve the reappointments as stated. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried Councilman Antos stated he would hold his appointments until the next meeting. BOARDS and COMMISSIONS - DISTRICT ONE Councilman Antos requested that the District One position on the Board of Appeals, civil Service Board, Department of Water and Power Advisory Committee, Environmental Quality Control Board, Parks and Recreation Commission, Local Coastal I Program Committee, the two positions on the Citizens :Participation Committee and the Project Area Committee, and one position on the Ad Hoc Parking Committee be declared vacant, Mr. Ayres to remain on the Parking Committee, and -stated that appointments would be made at the next meeting. Antos moved, second by Campbell, to declare the vacancies as stated. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried 6-24-02 CONSENT CALENDAR - ITEMS "D" thru "W" Yost moved, second by Antos, to approve the recommended action for items on the Consent Calendar as presented, except for items "M and Q", removed for separate consideration, and noted for the record that Councilman Antos would abstain from voting on Item "W", the Council minutes. I D. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers 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. I G. Adopted Resolution Number 5025 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING THE McGAUGH POOL HEATER PROJECT TO BE OF URGENT NECESSITY FOR THE PRESERVATION OF HEALTH, SAFETY AND PROPERTY." By unanimous consent, full reading of Resolution Number 5025 was wai ved . Adopted Resolution Number 5026 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 02-27, FOR TRANSFERRING TRAFFIC CONGESTION FUNDS TO THE SEAL BEACH REGIONAL TRAIL CAPITAL PROJECT." By unanimous consent, full reading of Resolution Number 5026 was waived. . H. Adopted Resolution Number 5027 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 eligibility). By unanimous consent, full reading of Resolution Number 5027 was waived. I I. Adopted a seven year Capital Improvement Program as required by the Orange County Transportation Authority for funding under the Measure M program. J. Adopted Resolution Number 5028 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE SAN GABRIEL WATERSHED, SAN GABRIEL MOUNTAINS AND LOWER LOS ANGELES RIVER GRANT PROGRAM UNDER THE SAFE.. NEIGHBORHOOD PARKS, CLEANWATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000." By unanimous consent, full reading of Resolution Number 5028 was waived. K. Approved the plans and specifications for the Seal Beach Boulevard Bike Lane project, South 6-24-02 of Westminster Avenue, Project Number 50025, and authorized staff to initiate the bidding process. L. Bids were received until June 19, 2002 at lO:30 a.m. for two Hybrid Gas/Electric vehicles . at which time they were publicly opened by the City Clerk as follows: . I Cabe Toyota Toyota of Huntington Beach Elmore Toyota Toyota of Long Beach $42,480.74 $42,867.26 $43,196.74 $44,035.03 Awarded the bid to Cabe Toyota in the amount of $42,480.74, funding source AB2766, .Air Quality Improvement Program Fund from the 2001/2002 fiscal year budget. N. Approved the Amendment and Restatement of the National Pollutant Discharge Elimination system Stormwater Permit Implementation Agreement with the County of orange, and authorized the Mayor to execute same on behalf of the City. O. Approved, a water service connection to the Bolsa Storage Facility located at 13070 Old Bolsa Chica Road in the City of Westminster. P. Approved the San Gabriel to Newport Bay (Surfside Colony) Feasibility Study Cost Sharing Agreement between the Department of the Army and the City of Seal Beach, and authorized the Director of Public Works to execute said Agreement on behalf of the city. I R. Adopted Resolution Number 5029 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE POSITION OF UTILITY MAINTENANCE WORKER AND REVISIONS TO ASSISTANT CITY MANAGER POSTION." By unanimous consent, full reading of Resolution Number 5029 was waived. S. Received and filed the Monthly Investment Report for April, 2002. T. Adopted Resolution Number 5033 entitled "A RESOLUTION OF THE CITY COUNCIL OF' THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 02-31, TO TRANSFER BUDGETED FUNDS FROM ANIMAL CONTROL,TO POLICE SUPPORT." By unanimous consent, full reading of Resolution Number 5033 was waived. I U. Adopted Resolution Number 5030 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CITY's PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE (FY'S 2003/2004 THROUGH 2005/2006}." By unanimous consent, full reading of Resolution Number 5030 was waived. 6-24-02 V. Approved the selection of the Environmental Impact Analysis Consultant, Culbertson Adams & Associates, to provide the General Plan revision, Local Coastal plan preparation and environmental services 'related thereto, and authorized the City Manager to execute said consultant agreement on behalf of the City. I W. Approved the minutes of the February 11th, 2002 regular adjourned and regular meetings, the February 25th regular adjourned and regular meetings, and the March 11th, 2002 regular adjourned and regular meetings. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "M" - AWARD OF BID - CITY VEHICLE A member of the audience noted that her question had been answered. Bids were received for one Medium Duty Cab and Chassis until June 19, 2002 at 10:00 a.m. at which time they were publicly opened by the City Clerk as follows: I Ford West Burch Ford Fairway Ford Kearny Ford Barber Ford $21,939.04 $22,213.99 $23,376.36 $23,422.72 $24,771.00 It was noted that the apparent low bidder, Ford West, did not meet specifications thus was deemed to be non-responsive. Larson moved, second by Campbell, to award the bid to Burch Ford in the amount of $22,213.99. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I SENIOR BUS PROGRAM - CONTRACT and AGREEMENT Councilmember Campbell mentioned that she had been approached by several people inquiring about the senior bus service, and this item is the contract with the Orange County Transit Authority and Western Transit Systems to provide that service. The Deputy City Engineer presented the staff report, explained that this is a program that OCTA piloted about two to three years ago, they are commencing full implementation with several cities, also providing a certain amount of money and asking the cities for a match of twenty percent, they will provide a refurbished seventeen passenger bus, require the City to maintain the existing congregate senior meal program, the bus will operate from about 9:00 a.m. until noon, and in the afternoons, and dependent upon the amount of available money the program will be able to provide senior transportation for doctor appointments and shopping opportunities, there may be a group busing program established as well to maximize the bus usage, there will be some limitations in that there will only be one bus, after the service is in place possibly donated monies could be sought to add more hours or a second bus, this will be a good program for Leisure World residents and other seniors in the community. He noted that upon execution of the agreement, and finalizing of the program, a press release will be issued 6-24-02 for public notification, and a special telephone number established for public information purposes, this should occur.within two to three weeks. Mayor Larson said his understanding is that the general call-in for bus service will depend on the experience of how many hours a day there is available time, at present there are two afternoons per I week anticipated. Councilman Doane noted that Mr. Narang and the President of the Golden Rain Board were brought into the previous discussions relating to this program. Doane moved, second by Larson, to award the contract for the Senior Mobility Program for bus transportation of seniors to Western Transit Systems in the amount of $75,191.00 for fiscal year 2002/2003, and authorized the City Manager to execute the agreement with the contractor and with the Orange County Transportation Authority. AYES:' NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried PRESENTATION I RESOLUTION NUMBER 5034 - SOUTHERN CALIFORNIA REGIONAL AIRPORT AUTHORITY Ms. Peggy Ducey introduced herself as the Chief Executive Officer of the Southern California Regional Airport Authority, a Joint Powers Authority that is made up of Orange, San Bernardino, Riverside, and Los Angeles counties as well as the City of Los Angeles. Ms. Ducey stated she was present as a result of Measure W, with the passage of Measure W in Orange County and the resulting inability to move forward with a commercial airport in Orange County, the I Southern California Regional Airport Authority is looking at ways to resolve the air traffic demand in the region. The Southern California Association of Governments in their 2001 Regional Transportation Plan adopted a decentralized aviation system that would begin to try to move aviation service to the Inland Empire where there is excess capacity, however that will not happen by osmosis, there has to be an effort to make a decentralized aviation system work which is what the Southern California Regional Airport Authority is doing. She noted that the Authority is focusing on cargo and passengers, there are three airports in the Inland Empire that want to be able to serve cargo needs, San Bernardino International, March, and Victorville have tried to attract air cargo carriers for many years but have not been successful, therefore the first focus is an action. plan, start talking to air and cargo carriers to find out why they do not want to move into the Inland Empire where there is the excess capacity, it is known from an aviation perspective that the market for air passenger and cargo is in Los Angeles and Orange Counties and the projections for the next fifteen years is that that is where they will remain, the question is then how to link those markets into the Inland Empire, the second focus is an implementation plan for air passengers to go to the Inland Empire. What is being looked at is how to I be able to link the market in Orange and Los Angeles Counties to airports that have excess capacity in the'Inland Empire, an aviation market is not created just by population, some say the Inland Empire is growing faster thane any other county in the region and that is where the aviation demand is going to be, not true, population is not the only determinant, it is also income, business and manufacturing; what also needs to be looked at is the impact that aviation demand will have on the Inland airports, it must be acknowledged that host communities have impacts, if it is said, as she has heard in Orange County, that the aviation demand will just be sent to I I I 6-24-02 the Inland Empire, without talking about and without responding to the impacts, those communities will quickly shut down and not want that growth at their airport, the impacts include crowd traffic, surface street congestion, air pollution, noise, etc. Ms. Ducey stated that what the Orange County Regional Airport Authority has decided to do, rather than looking at Measure Wand joining the lawsuit, or supporting anew initiative, etc., is to move on a parallel track to try to solve the problem, how can one begin to serve the Orange County air traffic market with those Inland Empire airports, a system needs to be created that links the market to the airports with excess capacity. She offered that what is being talked about in Orange County is a proposal to create an' airport in Orange County that operates as an airport in all aspects but rather than board an airplane the passenger would board a means of regional transportation link, a fixed rail or high speed rail, the intent being to link'the market of Orange County directly to airports with excess capacity in the Inland Empire and do it in a way that creates an aviation system and strategic advantages for stakeholders. There have been a number of people talking about constraining LAX, slot control, congestion pricing, etc. but those kinds of things are going to run up against incredible barriers with the air carrier industry, this system creates advantages for stakeholders~ From a passenger perspective, she, as an Orange County resident, can have a seamless travel pass, instead of getting into her car and experiencing the congestion on the 91 Freeway she could stop at Orange County and use her travel pass to the Inland Empire, also, that results in communities having reduced impacts, if.her car is left in Orange County that is a reduction of freeway and surface street congestion, the air pollution will not be as great, all of which with the reduction oJ the per vehicle impact, on a regional basis reduced congestion and enhanced air quality are also being looked at. She said from an air carrier perspective, an important thing, it begins to link markets so that air carriers wili begin to see the Inland Empire as a lucrative place to begin to invest their services, in a scenario posed to several carriers as to their opinion to have a direct link from Orange County into Ontario airport so that the Inland Empire and the Orange County markets could be served, their response was favorable, exactly what they need, the volume, efficiency, economy of scale, yet it moves some.of the impacts away from the airport, the result, the host communities will be somewhat happier, from an airport operator perspective they get volume also from the reduced impacts. Ms. Ducey posed the question as to why now, Measure W has provided a means to begin looking at air transportation and aviation servides in a different way, their presentations to the Department of Transportation has been was that they favor this idea, airport expansion is very difficult right now, if a way can be found to enhance the airports that want to expand and link the market it will then be possible to get what is needed in terms of aviation traffic, at present the word is that the FAA is going to give them $.5 million grant and the DOT is willing to backfill that with another $1 million as their support of this concept. With this system the impacts to the freeway system, surface streets, and air quality will be dealt with, yet by starting now there would be an opportunity to get into the compatible land uses around the Inland Empire airports, the City Manager of Ontario indicated a willingness to take the growth but not unless the region as a whole begins to help them make sure that the community is not detrimentally impacted. Ms. Ducey mentioned 6-24-02 that there is a fully operational airport in Frankfurt, Germany, with a link in Stuttgart which is an airport without runways, this by taking advantage of their current transportation system, linking the locations by high speed rail, about one hundred twenty-six miles in an twenty minute trip, this has been so successful they are looking at another I non-rail airport in Cologne, the success is an integration of ground and air transportation, that is something that does not exist in Southern California, the system under discussion begins moving passengers and cargo in a way that makes sense and a way that disperses impact on communities. In those cases what has been taken into consideration is the financial costs and benefits as well as the non-financial costs and benefits, from an airport operators perspective they are going to be looking at the market, to have enough passengers to make their airport work from a revenue standpoint, however the cost to the communities surrounding the airport also needs' to be considered and how those impacts can be dispersed, reduce the costs, yet bring in benefits in a way that makes sense to the entire region. Ms~ Ducey stated that the Orange County Regional Airport Authority Board has requested that she make presentations such as this to other agencies to gather feedback and input, this is a concept, something that is being pursued on a parallel track, it has. opportunities in terms of funding because if you create an airport system that is linking airports by ground transportation that opens up an entire new funding source of airport revenue, this is a means.of looking at aviation in an entirely different way, looking at the events of 9/11, the security challenges, as well as the challenges in communities I where they do not want airports to expand there is the need to look at providing aviation in a different way. In response to Council, Ms. Ducey stated again that in addition to the Ontario airport, the other airports having excess capacity are March in the Lake perris area, San Bernardino International, and Victorville in the high desert area, all three are former military bases that have developed into airports yet have not been able to attract carriers, that is partly because the market is not there, the challenge is to link to those airports. Councilman Antos made reference to page one of the SCRAA Work Plan, asked if the statement to 'reflect environmental, environmental justice...' was a typographical error, to that Ms. Ducey responded that it means reflect environmental impacts, environmental justice and quality of life constraints, that language actually came from the SCAG Regional Transportation Plan. In reference to the third paragraph on page four, Councilman Antos noted the inclusion of El Toro, however pointed out that El Toro is no longer an airport as a result of the Measure M vote. Ms. Ducey explained that the Work Plan was adopted in November of last year before the election, the basic principal of the document is the Regional Transportation Plan that SCAG adopted, at the I last meeting SCAG took a vote as to whether they would delete El Toro from the Regional Transportation Plan, the vote was three to forty-five that they would not delete the reference to El Toro at this time until it was seen what will happen with the lawsuit and other challenges, also because they are commencing a new cycle of developing the next RTP, that is why El Toro remains in the SCRAA Work Plan, however, if one looks at the actions of the SCRAA Board they are moving in the direction of looking at alternatives to El Toro. In reference to page nine, Traffic Impacts, Councilman Antos noted reference to Chicago's traffic ordinance for O'Hare and I I I 6-24-02 asked if that was part of the Chicago Area Transit Study, to that Ms. Ducey stated she was not certain however would find out, and to that Councilman Antos said if it is part of the CAT Study it should be done away with, that Study has been ongoing since about 1965, is not yet completed, the way they get people to use public transportation is that every day they have another section of road torn up where all of the lanes are reduced to one, people can not get into the City even on Sunday, there is a flagman, a police officer, and public works trucks, one car at a time. Mayor Larson stated that the only way this will work is if the federal government regulates the airlines, as soon as a new airline starts up and becomes somewhat successful, the other airlines come in and as soon as they put the new airline out of business they then reduce their services, that has happened in Long Beach a number of times, unless the airlines are required to keep their routes it does no good to encourage active airports because as soon as business is down a bit the airlines quit flying. Ms. Ducey offered that it is a process of creating strategic advantages so the system draws in air carriers when they all have a market to serve, Long Beach is a good example. Councilmember Campbell agreed that a comprehensive plan is needed for a variety of reasons, she feels that the residents of South County are beginning to realize that if they get the twelve thousand home development what are they going to do with the traffic, to that she said it will be worse than having an airport, but the fact is that Orange County needs an airport, if there is no plan this will become a society that can get nowhere in this County, State or the country. She claimed that a Comprehensive plan will help Seal Beach, the Naval Weapons Station is an alternative airport site, on Saturday she had the opportunity to speak to Congressman Rohrabacher briefly, explaining that Seal Beach will need his assistance because with an airport not being approved for El Toro pressure will be brought to bear on the weapons Station, his response was that he knows that. She noted that the Weapons Station has basically been the corporate boundaries for Seal Beach therefore the City would be the Local Redevelopment Authority should the Station become part of the BRAC list, concern is with an end run where they would try to get title transferred from the Department of Defense to the FAA, have the Base federalized, put in an airport and bypass the City completely, she does not want to be blindsided with someone making the arrangements in Washington, D. C. outside of the scope of knowledge of the City. If there is a comprehensive plan that takes away the pressure for the need of an airport close in, such as the Seal Beach Weapons Station, that could save this City, College park East would be bought out, they would be gone, but the rest of the community would need to deal with the impacts of a decreased quality of life, property value, this City has a lot at stake in getting the Weapons Station off of the list as an alternative airport site. Ms. Ducey said as they have talked to opponents of EIToro and reminded them that $100 million had been spent on opposing El Toro there is still no closer solution, yet. if the' problem is solved then there will be no need to oppose an airport at El Toro or at the Weapons station. Councilmember Campbell reminded that all of the northerly Orange County cities voted in support of the airport, yet they did not get out the vote. Councilman Antos asked if this will'come back to the City for consideration before being placed into law. Ms. Ducey stated that what is being done at present is merely orienting the region to the idea, requesting an action to move forward, it is most likely the final solution may look much different than it does now. 6-24-02 Campbell moved, second by Yost, to adopt Resolution Number 5034 entitled "'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, IN SUPPORT OF A REGIONAL AVIATION PLAN FOR THE SOUTHERN CALIFORNIA REGION." By unanimous consent, full reading of Resolution Number 5034 was waived. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I PUBLIC HEARING / RESOLUTION NUMBER 5031 - BUDGET ADOPTION - FISCAL YEARS 2002/2003 THROUGH 2003/2004 - APPROPRIATION LIMITS Mayor Larson declared the public hearing open to consider adoption of the budget for fiscal years 2002/2003 through 2003/2004. The City Clerk certified that notice of the public hearing had been advertised as required by law, and stated no communications were received either for or against this 'item. The City Manager reported that staff held a town hall meeting for the proposed budget on May 23rd, workshops were held with the Council on May 29th, May 30th, and June 5th, and this is the time and place for a public hearing relating to. the budget adoption. The Manager stated that the projected General Fund revenues are $17.1 million, General Fund expenditures are $17 million, as in past years the three largest resources are the utility users tax, property tax and sales tax, these three sources account for fifty-four percent of the total General Fund revenue, and at the same time in fiscal 2002/2003 Police and Fire expenditures will consume fifty-three percent of the resources, there continues to be a deficit in the water fund, a water rate study will be forthcoming to address that imbalance, the subsidy to the Tideland Beach Fund is $603,852 for beach related operations . and projects.. He noted that the Council went through a series of cuts which brings the budget into balance for fiscal year 2002/2003, an increase of the Transient Occupancy Tax will go before the voters in November, should that not pass about $75,000 will be added to the deficit, in order to address the.deficit in the second year the Council indicated agreement to institute a hiring freeze on all positions, which is currently in effect, a budget review will be scheduled most likely in January dependent upon what occurs with the State budget. The Manager reminded that the budget is a dynamic document, not static, once passed it is not put aside, there is ample opportunity to review the document. The recommendation was to conduct the public hearing, adopt the Resolution approving the budget, capital improvement budget, the appropriation limits, and the fleet management plan. 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. Joyce parque, 6th Street, noted that this is a two year projected budget. She reminded of the sewer deficit of about $75,000, there is really not a surplus, the Council was elected to protect the taxpayers, something needs to be cut for next year, each year the budget goes up, predicted that in two years there will be no money and the Council is going to come back to the taxpayers for more, her feeling is that it will cost eac~person $100 to keep the City from going bankrupt, something needs to be done now, there needs to be a cut of ten percent in preparation for next year, there needs to be money to take care of the City streets and sewers, asked why the City is working at Seal Beach Boulevard and Westminster again, that intersection was redone just a few years ago, there has been money designated for the bicycle lane, the bridge, the I I I I 6-24-02 intersection, but there is no money for emergencies, would it need to be taken from the surplus. Ms. parque stated the Council needs to keep in mind that this is taxpayers money, the Council is in charge of it, the Council directs staff to make the cuts, cuts need to be made to protect the taxpayers, she would like to have an elected city attorney, costs never go down they just go up, she would also like the people to be aware that if they want the Police Department ~he cost next year will be over $6 million, maybe the people should vote on whether they want the Police.Department or go to the County, and asked why are there three patrolmen and four police cars and four motorcycles. Ms. parque stated she is just learning about the budget, if she can learn it she wil~ teach it to the rest of the taxpayers. Ms. Sue Corbin; Seal Beach, stated that if the County Sheriff's Department were an equivalent that might be a choice, they receive military training, are abusive, and although allowed, they should not come jnto this community and stop youths and older persons. Ms. Corbin claimed that the excess is in the Engineering Department, .the Council needs .to look into who is and is not working, there are too many people in the Planning Department as well, money needs to be taken from the League of Cities, that is a social event, or send only one person, and stated the Council is waiting until it gets into an emergency, now is the time to do something. Ms. Corbin stated that the utility fee on businesses needs to be raised, Boeing realizes $8 billi6n from one floor bf their operation but the City realizes nothing from that, a former employee left early every day to work another job, that money needs to be returned, Closed Sessions need to be taped, the city attorney firm needs to be looked at, an audit will n6t show what is going on at Oakwood, that needs to be changed, when someone checks in for two to three days then the transient occupancy tax needs to be paid, this has become a scheme, the Manager also needs to collect the money from those that do .not have business licenses. There being no further comments, Mayor Larsori declared the public hearing closed. Councilman Yost inquired about Animal control Services going to Long Beach, the Manager responded that was an indicated no vote of the Council. With regard to the OCRAA membership, Councilmember Campbell stated she informed them at the last meeting that Seal Beach could not sustain its contribution because of the budget deficit, at that point the Interim Director requested $500 per month for three months to keep OCRAA going, after the meeting it was learned that the City of villa Park pulled out giving the comment that if Seal Beach does not contribute, who has the most t6 lose, then why should they, several other cities have said the same, she informed OCRAA that the City could maintain a'non-voting membership so that she could attend and learn what is going on, if the other cities are not going to contribute and the organization is dissolved Seal Beach will lose contact for information, yet all of this may become a mute point the following day should the Board of Supervisors vote to allow Irvine to annex the El Toro Air Station, then Measure W is gone and everything is lost, it is felt that this will be in litigation for several years. Councilmember Campbell asked the Council for reconsideration of participatiqT!for three months at $500 per month, and so moved. Mayor Larson said if the fireworks allocation were to be cut he could support the request. Councilmember Campbell stated 'that she has received calls in support of keeping the fireworks. There was no second to the motion. 6-24-02 councilman Antos reiterated the statement he made at the last meeting for the benefit of the public, the staff report of the City Hanager states that 'the two year budget will be reviewed following review of the State budget to determine further bud~et~eductions that may be necessary if the State reduces revenues to the City or withholds Motor Vehicle In- Lieu revenue, staff will also prepare a mid-year budget review for the Council so that the deficit in 2003/2004 can be eliminated. Councilman Antos said there are a number of things that are unknown at the present time, it is not known what the legislature and the Governor is going to do ~o balance its budget, they typically make up their deficits by taking away from cities and counties, they generally leave the schools in tact, everything else is on the table, they have taken a great deal from social programs" so far they have not taken away from road funds, gas tax, sales tax, etc., there ls still a large budget deficit that needs to be made up, the State typically does not try to cut expenditures, merely look to where they can take money, that will likely be the Christmas present from the state. Given that, it is likely premature to try to balance the second year budget and then in six months if the state does take- aways the City will need to do the work all again to deal ~ith the second year as well as the first year budget. There are things that are not known with regard to revenue coming to the City, there has been discu~sion of dealing with business licenses, there is a news rack ordinance being looked at, it is not known what kind of revenue, if any, will come from that, it is not certain as ,to what~ill be forthcoming from the Bixby development, nor from the anchor tenants from the Rossmoor Center when it is built, it is not known if the voters will approve the Transient Occupancy Tax for hotels, it is not known what will come out of the Keyser Marsten study as to what can or can not be done relative to the Redevelopment Agency, the Ruby's lease is unknown, there are other properties that mayor may not be sold, since there are so many unkhowns and so long as the Council recognizes . that' sometime in December or January it will need to look at the budget again, make drastic cuts, then he.would vote for the budget as i t nm~ exists, knowing all well 'that there may be a ten percent cut. from each department, maybe more, possibly some areas combined, there may be some retirements from the Police Department and whatever restructuring as a result. I I Councilman Doane said he agreed with many of the comments of Councilman Antos, the action at this meeting should be to support the recommendation of staff, and moved to adopt Resolution Number,5031 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. CALIFORNIA. ADOPTING FISCAL YEARS 2002/2003 AND 2003/2004 BUDGETS, SETTING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2002/2003 AND AMENDING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2001/2002 AND' AUTHORIZING A~PROPRIATIONS BY FUND."Councilman Yost seconded the motion. . I Councilman Yost spoke favorably of the balanced budget for this year, acknowledged that further cuts may be forthcoming, there may be a couple of revenue sources to look at, there is a potential of metering Main Street, that is something he would.not like to see, there are a few options if necessary for future consideration, at this point he would vote for the budget as ~t curtent1y exists then re~isit the situation after adoption o"{the state -budget. Councilman Yost mentioned a League presentation on State finances that was very informative, State spendinq has actually risen on a per I I I 6-24-02 capita basis over the past ten years where local spending has gone down, which makes it very frustrating for local agencies to make ends meet and provide public safety services which is the major part of the budget. . Councilman Doane requested that his motion be amended to include approval of the Fleet Management planas well. Councilman Yost agreed to the motion. councilmember Campbell stated that this budget does not work for her, approve a budget that is balanced for this year yet is half million dollar short the following year, there .is hope of natural attrition, that the residents will approve the Transient occupancy Tax in November, hoping that the Vehicle License Fee take-away will not happen which, if it does there will be a $2 million shortfall, rather than hoping her feeling is that there should be some. action taken and now, to not do something now is not good practice or good accounting, changes should be made now, not in a year, in December the question is going to be how big will the disaster be, will the cuts need to be a little or a lot, it will take some. time to have things in plac~. ,If there are no other cuts then enhanced revenue could be parking meters for Main Street, this is the only beach city that does not have meters, personally she dislikes parking .meters a great deal, as do many other people, yet unf6rtunately there are things that have to be done as it is a matter of financial survival. She noted that the Nanager provided a list of cuts for consideration, some were made, there needs to be compromise by all, everyone is afraid of making cuts, the last thing one wants to do is cut the job of another, yet by December there may be no choice because the State seems to balance its budget on the back of the cities and counties, that is what they did in 1992 with ERAF', that is the reason behind the current utility tax, prior to the UUT it is understood there were times that it was uncertain if payroll could be made, the City should not be in that position again. councilmember Campbell mentioned that the City of Cypress recently gave their City Manager a ten percent increase, Seal neach gave its City Manager a six percent increase on his anniversary of coming to the city, that is a typical action, yet the increase approve~ in February is not effective until July 1st with the adoption of the budget, some people objected to that action,' yet when the salaries of Seal Beach employees is compared with other cities of comparable population and budget, the Seal Beach employees do not make what their counterparts make, good employees are not retained that way nor do you instill loyalty, the desir~ is that there not be low to moderate income housing in this community because existing housing is so expensive and the perception is that low to mod housing ~ould lower properti values, therefore the employees can not live in the City because low to moderate income housing is all they can afford. She concluded that there are hard decisions to be made, evidently they will not be made at this time, therefore based upon that scenario she will not support adoption of the budget. Mayor Larson pointed .out that the cuts that have been made to the budget have been done by the City council, not the City Manager, the Manager and staff merely made recommendations. Mayor Larson expressed his belief that the Council will adopt a fair but baL-e bones budget, if the worst comes to pass by the end of the year it will be necessary for the Council to make the type of cuts they do not want to mak~, which will include layoffs and other types of programs, if that does occur then it can be pointed out to the Governor and legislature what they have done, if the cuts were made now 6-24-02 the State could come back and point to the City as not needing the money, this is probably the m~st f~ir ~ndc p'oli tical thing to do to keep the ci ty go~ng, ~ t w~ll not . collapse, there will be the things necessary to keep the Clty going. Mayor Larson stated he therefore favors approval of the budget with the changes that have. been ap~roved. Councilman Yost mentioned that the comments w~th regard to Oakwood appear, to be rational, he would support looking into that as it relates to the Transient Occupancy Tax. I AYES: NOES: Ahtos, Doane, Larson, Yost Campbell. ' Motion carried PUBLIC HEARING / RESOLUTION NUMBER 5032 - COMPREHENSIVE FEE RESOLUTION Mayor Larson announced that this is the time .and place for a public hearing to consider the Comprehensive Fee Resolution for fiscal year 2002/2003. The City Clerk ceitified that . notice of the public hearing had been advertised as required, ,and reported that no conUTIuriications had been received ei ther for or against this item. The Director of. Administrative Services stated that the Comprehensive Fee Resolution establishes rates and amounts of fees and charges for certain goods, services and facilities provided by the City and supercedes inconsistent provisions of previously approved resolutions, pointed out that under the guidelines of the State fees and charges for municipal goods and services are to be set at a rate equivalent or below costs incurred to provide 'such service, fees are to be based on an analysis of costs and may not be arbitrarily set, a fee or charge may, as a matter of public policy, be set at ~ rate b~low costs when a public benefit or good exists in having the General Fund subsidize a specific service to an individual(s).The Director explained that staff reviewed the Comprehensive Fee Schedule and the fees being charged for this 'fiscal year, there were no major changes with the exception of some water connection fees, a couple of fees were included that were not ieflected on the Fee Schedule yet they were being charged, the Expedited plan Check fee and Deputy Inspector Contractor business license~ also, Planning fee deposits were increased for Variances, Zone Changes, General Planfunendments, Planned Unit Developments, Minor Site Reviews, Major Site Plan Reviews, Specific Plans, Appeal Public Hearings, Sober Living Investigations, and Environmental Negative Declarations, the deposits increased so as to more accurately reflect the actual costs, that protects the City to assure it collects all necessary monies rather than having to go back to the business or resident for collection after the fact, if the costs are less than the deposit then a reimbursement is made to the applicant. The Transportation Facilities and ,Programs Development Fees and Transportation Facilities and Programs Development Application Fees paid by developers increased 3 percent, Contractor business license increased 2.7 percent, Public Works plan check arid review Type A Grading and Drainage plan check minimum deposit increased'to $575.00, Water Utility Services, Water Service Connection Charge, Buy In added, this is for new services, and the cost of overhead for services provided increased from 18.7 percent to 21.4 percent, this based on the 2.7 CPI increase. I I With reference to the change to the Specific Plan deposit from $1,000 to $10,000, Councilman Yost inquired if there are ever small changes where this increase could price people out of.or are these changes that are only done by large developments. The Director of Development Services responded that Specific plans only apply to properties of five acres or more therefore a fairly substantial development. To further question, the Administrative Services Director explained that I I I 6-24-02 for the Expedited Plan Check it would be fifty percent of whatever, the base fee would be. Mayor Larson invited members of the audience wishing to speak to this item to come to be microphone and identify themselves. Ms. Sue Corbin, Seal Beach, said she does not object to the law, rather the way it is implemented, she made reference to a court case and claimed that what is needed is an equal protection clause, for some organizations the fee is waived yet the Supreme Court has said that can not be done, there must be a level playing field, the City has to follow the laws and assure that they are equally regulated, treating everyone the same. There being no further comments, Mayor Larson declared the pUblic hearing closed. Councilman Antos made reference to the contractors and contractors licenses, to which he asked if there is a penalty for contractors working without a license, and is it actively enforced. The Development Services Director stated that for most jobs a building permit is not issued until there is proof of a contractors license from the State, City business license, and insurance, the contractors that work without getting permits is a different issue but ther~ is a penalty attached to working without ,a business license. . Campbell moved, second by Yost, to adopt Resolution Number 5032 entitled :"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEL BEACH ESTABLISHING THE RATES AND AMOUNTS OF FEES AND CHARGES FOR GOODS, SERVICES, AND FACILITIES PROVIDED BY THE CITY OF SEAL BEACH AND SUPERSEDING INCONSISTENT PROVISIONS OF RESOLUTINS 4114, 4195, 4234, 4250, 4442, 4494, 4499, 4519, 4545, 4550, 4650, 4718, 4751, 4816, 4910." By unanimous consent, full reading of Resolution Number 5032 was waived. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The City Manager reported that the City has received a small grant from the State Department of Recycling which will provide equipment such as trash bags, gloves, etc. that will make the beach cleanups more effective. COUNCIL COMMENTS With regard to Council participation in the League of Cities, Councilmember Campbell noted that there are members of the Council that hold League appointed positions and one of the requirements is to attend the meetings, the positions held are felt will be of benefit to the City, Councilman Yost sits on the San Gabriel Mountains and Rivers Conservancy, Mayor Larson is a member of the Veterans Committee, and she is on the Airport Land Use Commission, if the League meetings are not attended then the appointees are removed. Councilmember Campbell mentioned also for the very small amount of money that the members of the Council receive, tremendous numbers of hours are devoted to Council business, the City does not pay for gasoline used for their travel, personal paper for City related business, nor computers, printers, etc. With regard to Closed Sessions, Councilmember Campbell made note that anything discussed therein must be agendized, those would be items relating to personnel, litigation where discussion in open session would jeopardize the position of the City, real estate matters, issues of a safety nature where if, disclosed might imperil the health, safety and 6-24-02 welfare of the residents, the City Attorney and his firm keep the Council on track, by using a law firm such as Richards, Watson and Gershon the City has access to all aspects of their expertise. Councilman Yost mentioned that the City Attorney contract was looked at and a comparative analysis was done of other communities to assure it was within a rational level, everything has been looked at with regard to I cuts and additional revenue. with regard to Conditional Use Permits as that relates to Hennesseys, Councilman Yost noted that in this City a CUP runs with the land not. with the business, Hennessey's got its CUP for alcohol sales as a result of a wine and cheese store, that license was transferred to a nice restaurant with a piano bar, the license ,then transferred to the fourth Irish bar on Main Street, therefore it behooves the Planning commission to be very careful with Conditional Use Permits for alcohol sales because of the sorts of things that has allegedly transpired at Hennesseys. Councilman Antos requested that a report from the Planning Department be agendized for the next meeting relating to the Seal Beach overlay zoning issue or see if there is something that can be done to allow some type of reduced permit process, there has already been a zone change from commercial to residential for the portion of the area nearest Pacific .Coast Highway, if that is going to be done there should either be an overlay zone or allow people zone changes without going through the lengthy process, there are some people on the Boulevard that have waited for up to fifteen years to do something with their property. He also requested a report from the City Attorney relative to a CUP running with the land and not with the operator, recalling that years ago the City issued CUP's to an .operator for the I use at a specific location for a specified period of time, somehow that changed, his concern with a CUP running with the land is that it remains forever and he would think that the Planning Commission at that point would be reluctant to issue a CUP because it would not be known who the operator may be. The City Attorney mentioned that every member of the Council that has been on the Commission has dealt with that issue, however the law has been fairly consistent for twenty years at least, CUP's do run with the land, and there are a number of court cases relating to that issue, and offered to provide Council with a memorandum on the matter. Councilman Yost asked that a presentation by the Historical Society be scheduled for the next 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 8th at 6:30 p.m. to meet in Closed Session if need be. By unanimous consent, the meeting was adjourned at 9:10p.m. . I clerk Approved: Attest: