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HomeMy WebLinkAboutCC Min 2001-09-24 9-10-01 / 9-24-01 after walking the project it has been found that one does not exist, therefore a modification will need to be made,to the environmental study, their written comments are anticipated by the following week, work is continuing on the sewerline design, work needs to be completed on the design bet~een First and Second Streets, once the plans are complete the next step is for CalTrans to give authorization for I construction which takes an approximate month for th~ir processing, then bids can be sought, guesstimate is two to three months to bid the project. 1 I I cluncil, ! p.m. to I , meet~ng I I CLOSED SESSION No Closed Session was held. ADOURNMENT It was the order of the Chair, with consent of the to adjourn .the meeting until September 24th at 6:30 meet in Closed Session. By unanimous consent, the was adjourned at 9:20 p.m. ex- fficio clerk I Seal Beach I Approved: I Attest: 1/' I' ~' Seal Beach, California September 24, 2001 The City Council of the City of Seal Beach met in regular adjourned session at 6:16 p.m. with Mayor Doane calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Doane Councilmembers Campbell, Larson, Absent: Councilman Boyd Yost: I t Councilman Boyd joined the Council in Closed I Session, I Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk The City Attorney invited anyone wishing to speak tojan item on the agenda to do so at this time. No one addressed the Council. 9-24-01 I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the agenda, a conference with legal counsel with regard to one potential case of anticipated litigation pursuant to Government Code Section 54956.9(b), and discussion of existing litigation cases pursuant to Government Code Section 54956.9(a). By unanimous consent, the Council adjourned to Closed Session at 6:18 p.m. Councilman Boyd arrived and joined the Council in Closed Session shortly thereafter. The Council reconvened at 6:44 p.m. with Mayor Doane calling the meeting to order. The City Attorney reported the Council had discussed the items identified on the agenda, gave direction to the City Attorney, no other reportable action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:45 p.m. clerk I Approved: ~1 /-j ay r (J6 m ~ /b~ ~ City Clerk Attest: Seal Beach, California September 24, 2001 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. As a prelude to the Pledge of Allegiance, Mayor Doane asked that as those present recite the Pledge that they reflect on each and every word in view of the events of the past two weeks, the words of the Pledge tell it all. Mayor Doane called the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Doane Councilmembers Boyd, Campbell, Larson, Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works/City Engineer 9-24-01 AYES: NOES: Ms. Arends-King, Director of Administrative Services Mr. Pounds, Interim Director of Recreation, Parks, and Community Services I Ms. Yotsuya, Assistant to the City Manager Ms. Yeo, City Clerk I I Larson, to approve the order of the I Boyd, Campbell, Doane, Larson, Yost I t' . d None Mo ~on carr~e I APPROVAL OF AGENDA Boyd moved, second by agenda as presented. ANNOUNCEMENTS Councilmember Campbell mentioned having distributed her newsletter this past weekend to the residents of College Park East which announced the upcoming Concert in the ParR, however the date of that event was inadvertently left out, to that she stated it will be held on Sunday, september!30th at 4:00 p.m. Councilmember Campbell noted that on Wednesday evening she will be attending the hearing at the Garden Grove Community Center relating to the 22 Freeway and the proposed taking of College Park East homes, urged residents to submit written and/or oral communications, and suggested calls to herself or the City Manager to receive additional information. Councilman Boyd referred to the recent~y completed Seal Beach Boulevard improvements, the traffic patterns and flow have been monitored, for instance there had been three northbound lanes exiting the City, it waslnoticed that traffic was backing up more than was desired therefore the right turn lane has now been restriped and re-ar*owed to allow right turn and straight through lanes to alleviate that congestion, particularly during morning hours, thanks to the efforts of the City Manager. Mayor Doane invited MsJ Arlene Mercer to the podium, and asked that during the Public Comment period she explain what her group does and what can be expected during the holiday season. Mayor Doane said however before her comments he wished to present a 'Friends Helping Friends Succeed' pin in recognition of her efforts. Ms. Mercer accepted with appreciation and noted thatlother members of Food Finders are also part of this. I PRESENTATIONS DAY OF REMEMBRANCE and REFLECTION At the request of Mayor Doane, Councilman Boyd introduced Battalion Chief Joe Demonaco, present on behalf of the Orange County Fire Authority. Councilman Boyd read in full the Proclamation in recognition of "Fire Prevention Week," October 7th to October 13th, 2001, and in recognition of recent events proclaiming October 13th, 2001 as the "bay of Remembrance and Reflection" for all firefighters who I perished in the World Trade Center attack. Chief Demonaco accepted with appreciation and invited all to visit their local fire stations on October 13th. Councilmember Campbell expressed her feeling that over the past ten days people have been overwhelmed with the sacrifices and courage of the New York Police and Fire Departments, what they have done for'the people of New York City, and expressed gratitude to all police and fire personnel for their efforts. I 9-24-01 I RESOLUTION NUMBER 4931 - SUPPORTING THE UNITED STATES OF AMERICA AGAINST TERRORIST ACTIONS Resolution Number. 4931 was presented to Council and read in full by Mayor Doane entitled "A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, IN SUPPORT OF THE UNITED STATES OF AMERICA IN THE WAKE OF TERRORIST ACTIONS AGAINST ALL AMERICANS." Larson moved, second by Boyd, to adopt Resolution Number 49~1 as presented. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I PUBLIC COMMENTS Mayor Doane declared the Public Comment period to be open. Mr. Jerry Anderson, Seal Beach, urged the City to make every effort to oppose the proposed encroachment by CalTrans, the area of College Park East should not be referred to as such, rather Seal Beach as a whole. Mr. Anderson applauded the remarks of Councilman Boyd with regard to the improvements to Seal Beach Boulevard, even with his limited knowledge of the extent of the improvements his feeling is that the changes made were the right thing to do, however if some of the concerns expressed by the Millers could be addressed that too would be good. Mr. Walter Huppenbauer, Galleon Way, an original resident of that area, asked, on behalf of his neighborhood, that something be done with regard to the five dead trees on that street that back to the block wall and Pacific Coast Highway businesses, a condition that has existed for some time. Mr. Steve Masoner announced the upcoming Riverbed Cleanup on October 6th, this will be the second such cleanup, due to the tide schedule the event will start earlier, 7:00 a.m. until noon. Mr. Masoner noted there is need for a couple of key items, last year a resident provided bridges to get across the River however there is need for a flatbed truck to transport them, they have also been working with local yacht clubs to access flatbed boats to travel up-River in an attempt to retrieve some of the many grocery carts before they reach the beach. Of importance however is to have people to participate in the cleanup for any amount of time they can devote, anticipation is that there will be a greater number than last year where that effort made a tremendous difference. He noted that through the efforts of the monthly beach cleanups a noticeable difference can be seen, yet this problem was not created overnight nor will it be resolved overnight. Directions to the River cleanup are available from the Chamber of Commerce office. To a question as to an estimate of trash and debris that has been removed this past year, Ms. Kim Masoner responded that that was unknown, however two forty yard dumpsters were filled within two hours of one day, also, there are approximately two hundred people on a consistent basis who come'to the monthly beach cleanups, the support from the community has been wonderful. Mr. Gordon Shanks, Surf Place, suggested that the Council do something about its organization, most of the audience were not present for the last meeting, when there is a public hearing, as there is at this meeting, a staff report is given, the people can comment, that makes sense and is linear, however at the last meeting the audience was full, many people spoke during Public Comments, there were a number of attacks on the Council which were unnecessary, then later on the agenda the subject of the comments came up, staff made its report, and in his opinion ninety percent of the questions and attacks on Council would have been resolved had the audience had the advantage of the staff report first, the people were of the I 9-24-01 opinion that the City was doing nothing, however that was and is not correct. Mr. Shanks offered that when there is a non- public hearing item and there is a staff report that I - describes actions proposed, yet public comments are ~llowed only under the Public Comment period it is a waste 0+ the public's time, raises questions, and prompts unjustified attacks on the Council, his suggestion would be thatlthe procedure be revised to provide the staff report andlallow comments from the public at the time the item is sch~duled. Mr. Walt Miller commended the composition of the Resolution in support of the United States in the wake of the terrorist actions. Mr. Miller stated his concern is with the safety of Seal Beach Boulevard, there have been many comments,lthe safety of the public is what is important, his feeling is that it is a situation that is extremely dangerous. ;He said he has asked the Council, Manager, and Engineer to come to the site, two people finally did, they went through the project, what there is now is a narrow street, narro~er than before, it used to be the width of Electric, he feels that emergency vehicles could be blocked from traveling the street at present, a~ example, if there is a moving vehicle! and a parked car on the northbound and southbound lanes an9 if anything were to happen to the vehicles, no emergency vehicle could travel the street, there is also an island and!if a car enters the island before the island ends no emergency vehicle can enter the Boulevard, all of that becomes apparent when someone looks at the Boulevard, the only thing that matters is can the vehicles get through, they can not, if a yehicle blocks the single northbound lane others can not go around because of the island, this is felt to be a serious I situation. It is likewise felt to be dangerous when trucks, buses, and cars cross over the double line to pass another vehicle that is traveling too slow or backing into alparking space, it is felt the only way to correct the situation is to eliminate parking on the east side of the Boulevard, I restore the lane to twenty-six feet as it is on Electric, have parking and bicycles on one side, the lane on the opposite side should be open, to bikes and traffic, that gives the buffer zone that there used to be. Mr. Miller said evidently after their meeting the Civil Engineer directed the 1 construction crew to do just that thus they nailed down the centerline offset, it was believed that someone finally got the message, then fifteen days later it was again mo~ed to the center of the street, someone needs to be aware, the Boulevard was to have been monitored and he does not believe it has, passing vehicles by means of crossing over tne centerline is a critical thing. Mr. Miller also mentioned the handicapped ramp at the intersection of Coast Highway, it does not go into a pedestrian crosswalk, rather a traffic lane, someone needs to look at that. He just heard that there is going to be an option introduced with the right hand lane to either turn right or travel straight ahead, should that happen then the car in the center lane that goes straight will turn into the right lane and collide with the car in that lane as the lanes no longer line up across the street rather they go straight into the island therefore the car in the existing through lane must veer to the right or it would end up in the island, yet the car on its right does not have to move because there is no island in front of that car. That too is dangerous. Mr. Miller noted that a customer came to the bike shop the previous day, he was on crutches, ordinarily uses a handcycle, parked down the street,iwalked the sidewalk, up the ramp into the shop, that because there is no longer a handicapped ramp, another customer inla wheelchair had to use the sidewalk as well to access,the i I I I I 9-24-01 I shop, that is not right. There are also bicyclists that come south on the Boulevard that see the narrowness of the street and not being the best of bike riders then use the sidewalk, that is dangerous. There are a lot of issues, basic is the safety of the public, someone should come to the site again, continue to meet with them, look at photographs, monitor the speed on the street, consider eliminating parking on the other side, see if the street can be made safer. A resident of 12th Street was advised that he could comment on the street sweeping and tree trimming issue during the public hearing. Mr. John Laudermalgun, board president of the Food Finders, explained that in the spring of 1989 Arlene Mercer decided that maybe she could do something to feed someone that was hungry, she gathered some information, then proceeded to what was then called the Soup Exchange restaurant, arranged with them to donate left over food at the end of their day which she then took to the Long Beach Rescue Mission, one donor, one volunteer, one recipient agency, that was the beginning. Until recently the Food Finders board room was her dining room, their offices were her spare bedrooms, there are now approximately three hundred volunteers, working with one hundred eighty donor agencies, serving and taking food to two hundred agencies, the last quarter, three months, Food Finders distributed one million pounds of food that otherwise would have been thrown away or composted, truly an amazing journey, and for that a debt of gratitude is due Arlene Mercer. Ms. Mercer said she would treasure the 'Friends Helping Friends' pin, and expressed appreciation on behalf of all who are part of Food Finders. She noted their new address in Long Beach however stated they will continue to be here for Seal Beach long into the future. To an inquiry about the Christmas season, Ms. Mercer offered that last year they provided about fifteen hundred toys, more than three hundred new bicycles, some coming into Seal Beach, they also serve some of the Leisure World seniors that have difficult times. Ms. Mercer expressed her gratitude. There being no further comments, Mayor Doane declared Public Comments to be closed. I Mayor Doane expressed appreciation to the Press Telegram newspaper through one of its reporters who was present, for the United States Flag that was an insert in a recent edition, many of which have been seen displayed. ORANGE COUNTY TRANSPORTATION AUTHORITY - CITY LIAISON COMMITTE APPOINTEE Council:member Campbell expressed her interest in serving as the designee. Yost moved, second by Doane, to appoint Council:member Campbell as the city's representative to the newly formed City Liaison Committee. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I CITIZENS PARTICIPATION COMMITTEE - VACANCY Yost moved, second by Campbell, to declare a vacancy on the Citizens participation Committee from District Four for the unexpir,ed term ending July, 2004. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CONSENT CALENDAR - ITEMS "E" thru "H" Yost moved, second by Boyd, to approve the recommended action for items on the Consent Calendar as presented. 9-24-01 E. F. 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 the reading of the title unless specific request is made at that time for I the reading of such ordinance or resolutio~. ! Approved regular demands numbered 34501 I through 34695 in the amount of $1,781,288.79, payroll demands numbered 13443 through l3620 in the amount of $192,832.56, payroll I liability account 9000683 through 9000692 ' in the amount of $77,743.81, and authorized warrants to be drawn on the Treasury for : same. I G. Approved the plans and specifications for the Lampson Avenue Wall Removal, project Number 50088, and authorized staff to advertise for bids, funding for said I wall removal, $35,000, provided through th~ Bixby Ranch Company Operating Memorandum Number Two. , Adopted Resolution Number 4937 entitled "A: RESOLUTION OF THE CITY COUNCIL OF THE CITY: OF SEAL BEACH APPROVING LOT LINE ADJUSTMENT NO. LL-Ol-04 FOR PARCEL 3, ALSO KNOWN AS : A-6l, SURFSIDE." By unanimous consent, I full reading of Resolution Number 4937 was/ waived. Boyd, Campbell, Doane, Larson, Yost I None Motion tarried , i It was the order of the Chair, with consent of Council, to declare a recess at 7:40 p.m. The meeting reconvened at 7:48 p.m. with Mayor Doane calling the meeting to order. I PUBLIC HEARING - RESOLUTIONS NUMBERED 4932 AND 4983 1 STREET SWEEPING and TREE TRIMMING I Mayor Doane declared the public hearing open to consider the street sweeping and tree trimming programs as well as the merits of increasing the community service fees to c6ver the costs of same. The City Clerk reported that the notice of public hearing was advertised for two consecutive weeks, five thousand five hundred sixty notices were mailed to the affected property owners, three written comments were received, one objecting to the proposed fee increase, citing the use of other revenue sources, another had no objection to the increased cost yet if approved requested that the alleys be swept on a regular basis, another questioned why this fee would apply to the Trailer park, claiming that sweeping of those streets has never been seen. The City Manager I noted that the resolutions have been revised to reflect an effective date of January 1st should the Council detetmine to go forward and the election is successful, and a language revision to Section 5.3 to read 'whichever is greater.' The City Manager presented the staff report, pointing out that this item focuses on three actions, street sweeping, tree trimming and community service fees, the action would be to determine the level of service of the tree trimming program, whether or not to continue to subsidize that service with General Fund monies or to consider a fee increase to'cover the program costs, determine the level of service of'in the street sweeping program, the service delivery method, and the I AYES: NOES: H. I I 9-24-01 I funding sources, and then whether or not the Council chooses to move forward with the proposed increase of fees. From a historical perspective the Manager explained that in 1988 the Council adopted an ordinance that established the authority to impose street sweeping and tree trimming fees for property owners within the City, those fees have remained unchanged since the adoption of the initial resolution, the resolution did not set forth a provision for Consumer Price Index adjustment from year to year therefore those programs are running at a deficit, after thirteen years the annual revenues do not cover the annual costs, the subsidy at this time is approximately $69,000. I with regard to the tree trimming program, the City maintains five thousand trees on public property with plans to add more trees over the next few years, the City is working creatively to enhance the urban forest with an aggressive program to preserve the mature trees through root pruning, sidewalk grinding, etc., $55,000 is allocated annually by the City for tree trimming yet the community service fee generates only $36,000 in revenue which creates an annual deficit of $19,000. He explained further that the tree trimming program is not merely above the ground, it includes soil replacement, replanting, root pruning to preserve trees, root barriers, sidewalk grinding, curb and gutter repair to preserve a tree, all of those services result in increased costs. The Manager noted that staff presented this issue to Council during budget considerations, Council provided some direction as to the level of service however prior to initiating a new fee the desire of staff was to ensure that ways of reducing costs were examined, to that end bids were solicited for a variety of tree trimming services, competitive bids were received that ranged from about $39,000 to $48,400. The proposed adjustment would raise the fee from $.50 per month to $2.08 per month or about $25 per year, if the fee is not approved or Council determines to not pursue this option there are other options as to what will be done with the trees, those could be to 1) decrease or alter the current trimming cycle, 2) continue to subsidize the cost of tree trimming, 3) repair only those sidewalks that pose a liability, or 4) direct staff to return with a policy to eliminate further tree planting to reduce costs, as with the planting of more trees the maintenance thereof comes into play at some point in the future. If the tree trimming proposal is approved that will allow a service level enhancement to provide for the grinding of sidewalks, preservation of trees for a longer period, repair of sidewalks, curbs, and gutters surrounding trees which in turn reduces the liability aspects. I With regard to the street sweeping program, the City Manager explained that currently the City sweeps most streets twice a month and arterials are swept variably on a monthly basis, Leisure World contracts with the City at an hourly rate to have their interior streets swept, they also pay for some frontage along Seal Beach Boulevard and Westminster. He reported that the City currently collects approximately $37,500 in street sweeping fees, that fee too has not been adjusted since 1988, during review of the street sweeping program it was determined that it may be in best interest to look at contracting for that service, proposals were distributed, further review was conducted to determine how much service could be realized prior to requesting the citizens for an adjustment of fees. The Manager noted that currently the cost of in-house sweeping is $31 per mile, one reason that cost is high is that the City must fund the 9-24-01 capital expenditure to purchase street sweepers and the labor costs, contracting for this service is less expensive from the staff perspective, there is greater flexibility of work schedules, the machines can be purchased at a lesserlprice, thus the service can be provided at a more cost effective rate. The Manager mentioned a comment at a prior CoJncil meeting that 'the streets are really not dirty,' to ~hat staff tested the street sweeping debris from all are~s of the community, what was found was arsenic, cobalt, chromium, copper, lead, zinc, and badium in varying levels, tests were also done for fecal chloroform, in three areas of the community the maximum of sixteen thousand was reached, therefore even though not visibly dirty there are he~vy metals and fecal chloroform on the streets, that in turn affects the water quality of the ocean and rivers. About seventy-five percent of the cities in Los Angeles County contract for street sweeping services as do many of the Orange County cities, a reason for moving to weekly ~treet sweeping would be to improve water quality, it is believed that certain health hazards can be reduced, also, th~ City has received a $60,000 grant to install catch basin filters, the filters are most effective when debris is collected prior to getting into them. The Manager again noted that the Council has options, it is believed that based upon the proposals received, if street sweeping is outsourced.the deficit can be eliminated yet still recover sufficient fees as is, however that would not allow an enhancement of services for weekly street sweeping, what is being suggested is an increase of the current $.50 per month fee to $1.46 per month which would be $17.52 per year for weekly street , I sweep~ng. I Councilman Boyd inquired if the Council opted to not pursue a Proposition 218 election and staff was directed to contract for the service, would it be possible to increase the service to a weekly basis with a percentage subsidy from the I General Fund and how much would that subsidy be. The Director of Public Works responded that at present time the costlis about $13 per curb mile, therefore the amount of sweeping that is added would depend on the number of curb miles added! Councilmember Campbell was advised that landscape weeding is not paid from tree trimming funds. ! I Mayor Doane announced that forms were available for the public to put their comments in writing for both the1tree trimming and street sweeping proposals, include ones ,name, address, and date, an attached information sheet also provided. I Mayor Doane invited members of the audience wishing to make oral comments to come to the microphone and state their name and address for the record. Mr. Ron Bennett, Seal Beach, pointed out that this proposal is for increased serv~ces at only $1.50 per month, only applies to property owners, all properties have appreciated considerably over the last three years, for those who own apartments the rents have risen about forty percent, the annual cost for each of these services is about $18 per year, again, increased services, not the same service at an increased fee, and these fees have not been raised in thirteen years, this is a good idea, all will benefit. Ms. Gail Ayres, Central Avenue, said she was about half and half, is in favor of having street sweeping go back to once per week, however objected to allowing an automatic CPI adjustment of the fees in future years in an amount not to exceed seven percent, her feeling is that it I I I I I I I 9-24-01 should not be automatic. Mr. Jerry Anderson, Sandpiper Drive, asked if he was to believe that all residents of the City will be subject to the increase of these fees. The City Manager responded that Leisure World contracts for sweeping of their private streets, they pay for the sweeping of the frontages, that is consistent with the original adopted resolution, under this proposal too they will pay for the lineal frontage, Surfside Colony is the only area that would not be charged for either street sweeping or tree trimming. Mr. Anderson acknowledged with appreciation a meeting he had with the City Engineer and Director of Parks and Recreation even though they did not agree on all issues. He cautioned that the City currently has the most leverage, once the sweeping machine is sold and the service is awarded to a contractor the City can not go back because a sweeper will cost at least $200,000, therefore this is the only time that a deal could be made with the contractor, also, although it is possible that seventy-five percent of the cities contract for street sweeping, he would like to know the percentage that are happy with their contract service. Mr. Anderson said he has recently been placed in an uncomfortable position, he is not negative, he has worked for government and understands how this happens, however he is offended by some things that are happening, his concern is not with $17 per year, it seems that things are not honest, there is talk about the eleven percent utility tax yet nothing is done, he spoke in support of Bixby, the Target was added, nothing has been done, needs are identified yet in order to take care of them the City just raises fees, that was the case with the sewer tax, now street sweeping and tree trimming, and the eleven percent, it is not the sum of money, rather the way business is being done, in the budgetary process if one wants to do one thing then something else needs to be cut back, with the City he never sees any cutting back. Mr. Anderson took exception to the statement that the subsidy of these services is from the General Fund which he claimed is , actually gas tax, General Fund monies have no encumbrances, even though gas tax can be used for street improvements it can also be used for street sweeping as it is in the public right-of-way. Mr. Anderson claimed that the greatest problem in Seal Beach is that it continues to divide, play one group against another in order to get things accomplished, that is wrong, if Leisure World and Surfside were charged it would make little change to his bill, that is not the issue, yet in his opinion the appearance of the City and water quality is important to every resident, Surfside should not be excluded, the City should work together as one. To him personally, the money is not important, he will appreciate the additional services, wants the City to look better, yet opposes the method. Mr. David Feldman, Candleberry Avenue, concluded that at present Leisure World is not assessed for tree trimming or street sweeping, only a frontage sweeping charge. The City Manager responded that the initial resolution did not provide a charge to Leisure World for tree trimming, interior streets are contracted, they pay only for the linear frontage. Mr. Feldman inquired why then would Leisure World and Surfside vote on these issues. To that the Manager confirmed that the election would be based on property ownership thus the Golden Rain Foundation would have one vote, it is not certain why Surfside was exempted from the 1988 resolution, possibly because of being a gated community which sweeps its own streets, the methodology from the original has not been changed. To an inquiry of Mr. Feldman as to the finding of heavy metals and is there proof that the sweeper even picks them up, the Manager again responded that 9-24-01 his intuition is that given the age and style of street sweeper it is likely not doing an effective job, it is an old style broom/air, and according to the new regulations this City is out of compliance, the unit needs to be a PMio Vacuum Cleaner. Mr. Feldman questioned the accuracy of thejFact Sheet, one issue being a northern California study tnat claims it takes only two to three weeks for pollutants to accumulate therefore street sweeping should be more 6ften I than every two or three weeks, Seal Beach sweeps every two weeks now, to that the Manager said staff was attempting to point out that there is a body of information that addresses the benefits of street sweeping and the positive impacts on a community, actually, in a beach community the impacts are somewhat greater given there is more sand, debris, and litter flowing about. Mr. Feldman also questioned the cite;of the current charge of $.50 per month, his bill shows $1 per month, the response was that the billing cycle is every other month, Mr. Feldman then claimed that the percentage increase of the fees is three hundred and four hundred percent, that will create a large surplus to the City, where is that surplus going, his feeling is that the fee need not ~e increased. In response, the Public Works Director stated for street sweeping staff compiled the quantities from all of the different units from the Finance Department, that was programmed onto a spread sheet, they took the multiplier of the current fee, recollection is that the multiplier was 2.92, then multiplied those to assure that it was the -expected revenue. To that Mr. Feldman again stated that the street sweeping increase would be about three hundre9 percent, with that the City would be collecting $111;000, what is being collected now, with the shortfall, is $87,000, a $24,000 surplus, tree trimming is a much higher surplus. The Public Works Director explained that the City ; calculations were based on the original curb miles which is two thousand eight hundred, that because some areas are swept twice monthly yet the arterials are swept on a varyi~g schedule. Mayor Doane requested that the speaker continue his comments, rather than have a staff response as questions are posed preference would be that staff be allowed to take notes and after the public hearing there will be an I opportunity to answer questions. Mr. Feldman suggested that if the Council desires to do something to keep the streets cleaner, the gardeners that blow grass clippings andidirt into the streets should be outlawed, that should make a big difference and at no cost, he would personally not object to voting in favor of the proposals if it would do some good and cover just the exact fees, yet he would be hesitant to vote for it because he continues to question what is going to be done about the eleven percent utility tax that was declared illegal, is the City going to do away with it or let it remain, that should be taken care of before these issues are put to a vote. Ms. Laura Brecht, 6th Street, noted that there are a number of renters in Old Town, the street sweeper comes through twice a month, many of the renters theti park their car in front of houses on the opposite side so it is inevitable that once a month the street in front of ones house is not swept and the homeowner then must sweep, in her case it often happens twice a month, it is bothersome that she is not getting her moneys worth, possibly the renters should be billed and then they would think about where they park. She mentioned too that the charge is $.50 for:a single family residence, the charge for multi-dwellings is $.30, possibly it should be $.50 per unit for all persons. Mr. Phil Ipjian, Guava Avenue, said although it was stated there were three responses received, he had responded by e,mail to I I I I 9-24-01 I the Recreation Director, there may have been others that did so, as was directed. Mr. Ipjian noted that it was reported there were four options for consideration, his feeling was that there are others, as an example the rate for tree trimming does not need to be adjusted three hundred twelve percent, if the numbers are done based on the shortfall it is fifty-three percent under the shortfall, not the difference of three hundred twelve percent. His question to the Recreation Director was what would be done with the extra funds, the response was that there are other things the City would like to do, mentioned at this meeting was root cutting, sidewalk work, and it is assumed that some of the $19,000 deficit this year was for that purpose, that would be fifty- three percent over, some have mentioned the annual cost of $18 or $19 yet if there is no justification for those numbers he would not be inclined to write the City a blank check. Mr. Ludo Wurfbain, Harvard Lane, stated he works for a publishing company in Huntington Beach, they have a multi- million dollar annual budget, and said he had some common sense questions relating to the proposed fee increases. Mr. Wurfbain noted that it was said the fee has not been adjusted in thirteen years, asked if the Council was willing to say that in that period of time inflation was three to four hundred percent, the percentage that the citizens are now being asked to assume for tree trimming and street sweeping, also, the proposals ask for an automatic increase of not to exceed seven percent per year, is it realized that that would equate to a nearly fifty percent increase over a period of five years, that is exorbinate. He too mentioned the study cited in the fact sheet, according to that study if pollutants accumulate every two to three weeks, the City is already sweeping every two weeks, they may accumulate but they are being swept away, he asked if there has been a cost/benefit analysis, all of the pollutants can not be removed from the air, land, and sea, to that he asked if the referenced study is available, he could obtain no further details except that it was done in northern California, would like that study made available to the residents, at this point the information is vague and there appears to be misinformation with regard to the two to three week sweeping statement. Mr. Wurfbain asked how many cities in the United States sweep more than every fourteen days, as having lived in many he could not recall many that sweep more than that, because Seal Beach is near the sea is no reason to sweep more often, rain in all cities goes to the sewers and to the rivers and eventually ends up in the sea. With reference to tree trimming Mr. Wurfbain noted the mention of expanding services by also grinding sidewalks and curb maintenance, to that he said that is already happening, particularly on Harvard Lane during the past year as well as the installation of ramps, and if the trees that have grown old and cause problems with their roots lifting sidewalks, etc. why not cut them down and replace them with new trees, from his readings it has been said that young trees that grow rapidly absorb many more pollutants from the air than do old trees. He claimed that some of the problems can be solved by intelligent management, also, it is a shame that American government determines that something is going to cost a certain amount so they will just go to the citizens to get it, yet in contrast every other entity in America from households to the largest of corporations work on the prediction that they will earn a certain amount of money during the year and that is how much then can spend, it is hoped that the City Council could also think in those terms when spending the money of the citizens. Mr. Jerry Flaum, I I 9-24-01 Ocean Avenue, asked if a cost analysis had been done ,on costs realized as a City in terms of the tickets issued to :vehicles not moved on street sweeping days, also, there are certain streets that are in poor condition, and in looking at their surfaces he would suspect that if a street sweeper that was in good condition swept one of those streets it would likely take about a half inch of street away along with the!debris, has anyone given thought to what will happen to the surface of the roads that exist with new sweepers with water land surface abrasion. Mr. Flaum said he felt that the list of priorities for consideration are not being done prop~rly, the medians as an example, aside from the cost of putting them in who is going to maintain them, the response to that question was that we will see when we get to that, what happens is that there are many more trees and now it will cost ~uch more to maintain them in good condition, keep the streets:clean, etc., and he thought that the earlier suggestion that old trees that cause considerable debris be removed periodically and replaced with younger trees was a wonderful idea) in addition his feeling is that it is irresponsible to allow haphazard planting of trees in the City without havitig some means of proper maintenance in advance. Mr. Flaum said he personally did not care about the increased cost for1either street sweeping or tree trimming, he favors both, however adamantly opposed to automatic increases based upon the cost of living, it is a shame that cities are trapped by a proposition that now forces them to have the voters approve any type of increase of fees, this is a representative form of government and he would prefer that the citizens turn over to the responsible leadership the decision making pr6cess, yet that is not the case, and in this instance if more money is needed it should not be disguised behind camouflaged issues, and in conclusion urged that the issue of the current requested increase be separated from the automatic increase proposal. Mr. Gordon Trigg, Elder Avenue, stated that on the weekend he contacted his Elder Avenue neighbors between Oleander and Ironwood to talk about the tree trimming and street sweeping proposals, half did not know what heiwas talking about, they did not recognize or remember the notice that came from the City, that a shame, and suggestedjthat should this issue go to election the envelope should clearly call attention to the citizens the fact that there is a ballot enclosed. Mr. Trigg again referred to his weekend visits to thirty-four homes, many persons were not at home, four persons did not sign his form in opposition to the proposed tree trimming and street sweeping proposals; and presented his forms to the City Clerk for the record. Mr. Trigg said he understood that the Council could do nothing about the State law that allows this mail ballot election, about that State law his concept of democracy in this country is one person, one vote, his understanding of this election is that each homeowner will have one vote, yet both husband and wife own the property, with that he has a problem. In response to a prior comment, Mr. Trigg stated that $l50 is important to him, and made specific references to the amounts he paid to the City last month for water, trash, street sweeping, tree trimming, etc., as well as the amounts he paid in utility tax, as a retiree the $.50 charge means something, and requested that the Council take note of the twenty-eight people on his neighborhood block that are opposed to the proposed increase. Ms. Mitzi Morton, Seal Beach, offered that the.ballot does not give the voters a choice, they either accept the fee increase and the annual CPI provision or they do not, her feeling would be that that should be changed to give the voters a choice of yes or no on both I I I I 9-24-01 I issues, some may vote for the proposed increase yet will not vote for an automatic CPI increase. Ms. Morton mentioned. too that the trees are public, owned by the City, all residents benefit from the trees and should pay for tree trimming, Surfside and Leisure World should not be exempted, her feeling is that the reason Leisure World is being exempted is that if put to a vote it would not pass, she too agreed that the increases are quite high. Mr. Gordon Shanks, Surf Place, noted that five or six persons had mentioned the CPI, the notice of hearing mentioned the maximum of seven percent yet the proposed resolution mentions the CPI however does not reflect 'not to exceed seven percent per year,' to that he suggested that a qualifier be added to the CPI, also that at some point in the future this should come back before the Council, if the City seeks bids the bidder then needs a contractual obligation to obtain the loans to purchase the equipment. Mr. Shanks again cautioned that it is quite likely the voters will not accept an automatic CPI increase, suggesting that there be a cap, and that the resolution be subject to review at some point in the future by a City Council at that time. There being no further comments, Mayor Doane declared the public hearing closed. The City Attorney suggested a Council recess to allow the opportunity to count the number of written protests. It was the order of the Chair, with consent of the Council, to declare a recess at 8:43 p.m. The Council reconvened at 8:55 p.m. with Mayor Doane calling the meeting to order. I The City Attorney advised that had there been a majority protest from the property owners this matter would have been concluded at this point, the comments and protests have been counted and there was not a majority protest, therefore the Council could determine if it is the desire to place these issues on a ballot. I As a point of clarification, the City Manager explained that revenues that are derived from fees can only be used for those services, therefore if there is a concern of the public that the fees will be raised and then siphoned to the General Fund, that is not the case, these fees would need to be used specifically for street sweeping and landscaping/tree trimming. With regard to the comment of Mr. Trigg relating to the notice, staff was cognizant of the fact that it might be ignored therefore on the front of the envelope with the City seal, in large letters it said 'important public notice.' To the comment with regard to renters, parking, and lack of moving cars for street sweeping, interesting to note that when weekly street sweeping is instituted the ability to absorb a weekly parking ticket becomes much less, therefore on a positive note there is a possibility that people will clean their garages and use them to avoid the more frequent tickets. With regard to the concern of Mr. Feldman with gardeners blowing debris into the street, on October 26th the Santa Ana Regional Water Quality Control Board will be considering the new NPDS permit that will regulate the City, many of the things that people now do will come to an end, the Board is a regulatory body, blowing debris into the street, washing cars, and other practices will change, this body is mandated to improve water quality. In regard to options for tree trimming, the Manager referred to page four of the staff report, there are three ranging from $55,000 that would basically cover the direct costs with the fee increasing from $.50 to $2.08, the reason the notice cited the cost of $2.08 per month was for the service level 9-24-01 enhancement to accommodate grinding the sidewalks, repairing curbs and gutters, and preserve the trees, the reference to the study, it is on the web, he would caution the readers that the study was done in Alameda and this is a coastal community, it is believed that what staff was tryingito point out was that street sweeping is important and it does remove debris from the streets, to the comment that an enhanced street sweeper will increase the abrasion of the str~et, it will likely be a PMlO sweeper, a large vacuum sweeper that is anticipated will suck more of the sand and debris from the surfaces, the downside to that is that more cracks in the streets will be seen. I Councilmember Campbell concurred that notices were sent to the residents however there is no way to make them open the envelope and read the contents. She mentioned receiving a call from a resident that claimed the debris in the ocean and on the beach comes from upstream, to which she advised the caller that that was not entirely so, and this City can not ask other cities to resolve what comes from their area if this City does not clean up its own pollutants. Shelnoted that most of the persons who asked questions were no;longer in the audience to hear the responses, this City needs to keep itself-clean. One thing that needs to be done is to match expenses with revenues, that is called the matching principle, the Public Works Director started to explain why there is. a difference in the costs that several speakers questioned, part of that is the fact that residential sweeping will be doubled, there will also be an adjustment of the level of service in other areas of the community) that too will cause an increase, there will be no surplusithat can be used for something else, noted also that if the increase is successful that means that the City only meets expenses for the next year, what happens the following year wnen expenses again rise, the City will always be playing:catch- up, possibly there is a need to remove the automatic 'increase yet that means that the issue will be before the Cou~cil in following years. Councilmember Campbell concurred also that there are large amounts of chemicals on the streets, Iwater quality deals with the visual debris that can be seen as well as the things that can not be seen, that can be dece+ving, just because nothing can be seen in the water it is thought the quality is fine where it is actually far from fine. She said in her area there are many people who are concerned about the appearance of the community, great effort was made to improve the entrances, make them uniform, there are complaints from some because the planters are not being weeded, the City crews will get to that, one problem,is that there are irrigation systems in the planters yet theireal estate people pound their stakes into the PVC pipes, how many times can the City replace the irrigation systems, i+ the pipes are continually damaged there may be no choice'but to concrete those areas, that may not look nice but what else could be done. She mentioned that her residents would like to have the curbs and gutters fixed, one thing College Park East has to deal with is the natural drainage of the land which is from the northeast to the southwest, however when that area was built it was graded to drain from the southeast to the northwest so all water flow would be towards the Bixby Ranch, yet what has happened over the years is that the land has settled so the water goes nowhere, the result is standing water then you wait for it to dry up. One of the problems is that many of the trees in the parkways or between the sidewalks and curbs have pushed up the curbs and gutters just enough so that the water does not flow down the street, those I I 9-24-01 I curbs and gutters need to be replaced, the proposals under consideration would provide money to do that, in some areas of standing water there is algae, that causes odors, it can not be chlorinated because that is just another chemical being added to the system. Her question too is where does the money come from to pave the streets, there are vehicle license fees yet one thing being worked on is a Traffic Congestion Initiative which will take one-third of that fee, which in turn means less money to pave streets. With regard to the utility users tax, Councilmember Campbell explained once again that in 1992 the State did a takeaway, balanced the State budget on the back of the cities and counties, the first year this City lost $3 to $4 million, that was not a one time loss, it is every year, the State recomputed the formula used to reallocate the monies back to the cities and counties, that means that the City is likely losing $4 to $5 million every year, that is the reason for the utility users tax. She noted that the League is working on some type of ERAF relief, that the education augmentation fund, when the State took away the city and county monies they gave it to the schools, yet it was thought that the lottery was to have gone to the schools, more recent belief was that possibly $1 million per year would come back however that has gone away with the reduction of the State surplus. Councilmember Campbell acknowledged again that this community has problems, it has expensive homes, a survey showed Seal Beach to be second in mean value of homes in the County, it is the new residents that are willing to pay the fees to maintain the upkeep of the community, yet there needs to be revenue to provide the expected services, the City can not spend money it does not have. Councilman Boyd mentioned that in the earlier meeting the Council authorized the City Attorney to settle certain issues that amount to about $25,000 of expense as a result of damaged sidewalks caused by trees, the City continues to incur expense, what the Council is considering at this meeting is not to raise or lower the fee, rather give the homeowners the opportunity to vote on them, the Council is saying it would like to increase the level of service it offers without cutting services elsewhere in the City, if the residents would like to see that then there is the opportunity to vote yes or no on the mail ballot that will be sent. He said there is some concern to not increase it too much therefore he would trust staff to increase it enough to meet the demand, not just to cover the gap or reduce the subsidy from the General Fund, but to increase the level of service necessary to improve the quality of the community, he personally opposes the idea of an automatic price increase and would request that the resolutions be amended to eliminate the automatic CPI. Councilman Boyd said his intent is to allow the residents to vote on these proposals, his preference however would be to not increase fees and look for other means to accomplish this however that would mean cutting services elsewhere, yet when you cut other services and increase this service that will mean the City will be left with a deficit, noting too that revenues are not increasing to meet infrastructure demands. I I The City Attorney mentioned that there were legal issues raised that should be addressed. The first has no bearing on the subject yet is felt to be important to remind the public that with respect to the utility users tax, one speaker having made the comment that it is illegal and questioned why a letter has not been written to the Supreme Court on the subject. The City Attorney explained that the utility users tax has not been declared illegal, a case in La Habra 9-24-01 received considerable publicity during the past six months, in that case the California Supreme Court determined:that La Habra, a general law city, should have presented an increase of their utility users tax to the voters before imposing that tax, that increase came after proposition 62 was enacted. For a number of reasons, primarily because Seal Beacq is a charter city, not a general law city, and the courts 'have ruled that Prop 62 does not apply to charter cities,the La Habra case has no bearing on Seal Beach or any other charter city. With regard to the CPI, there had been some concern with regard to the seven percent cap, the City Attorney explained that the manner in which the resolutions are written that is a cap in the unforeseen possibility that the CPI would actually rise above seven percent in any particular year, typically over the past twelve years the CPI has been around two percent, some years flat, the cap is designed to protect from inflation, an example would be in aboutl198l where the CPI went to about ten percent, the cap is a protection and does not give the City the flexibility in any one year to determine it needs more money by adding to the CPI up to seven percent. The City Attorney noted another concern that dealt with the City charging more than the actual cost of the services, to that he explained that can not be done inasmuch as the Constitution, Proposition 218, states 'the revenues derived from the fee shall not exceed the funds required to provide the property related service,' that is why staff made the study and determined how much the service will cost and then attempted to apportion that over all of the property owners, the City, under the Constitution, can not charge any more. I I Mayor Doane asked if the CPI could be used without being automatic rather within the discretion of the Council, an increase would not occur automatically based on the ~PI yet allow the option of increasing the fee if deemed necessary by the amount of the CPI, possibly make each year a separate determination. The City Attorney responded that he believed it could, it would be within the discretion of the C6uncil to not impose an increase, with that there may be a need to I change the language proposed, he was not aware of any language that would prohibit an annual consideration:to either increase or not increase the fee in accordance with the CPI, his preference however would be to further review the language. Councilman Boyd read the ballot question as posed by Resolution Number 4934 to which he suggested language that would read "...adjusted annually by the City Council..." or "...at the discretion of the City Council not to exceed the Consumer Price Index..." The City Attorney offered that for the intent of this meeting that language may suffice, the intent of Council is clear, if ~t is found there is a need to change that language it would be a ministerial change without having to bring the item back to Countil. Councilman Yost agreed with either dropping the CPI : completely or make it less objectionable. As to the1age of the existing street sweepers, the City Manager responded that one is a 1986 vacuum sweeper, the other is a 1993 broom' sweeper, if it were the intent to maintain street sw~eping in-house staff would be proposing an amount of $250,000 or so for a new sweeper, the existing, obsolete sweepers would be sold for salvage value. To the question if a vacuum sweeper would be required and would that be mandated by NPDES permits, the Manager responded that it is already mandated, the City likely should have a PMlO standard sweeper that is said to have the capability to pick up microns, to his knowledge the City is not in compliance, this is a different I I I I 9-24-01 I technology, it is also felt that the vacuum system would have less impact on the streets than do the brooms. Councilman Larson mentioned petitions from College Park West, more specifically Harvard Lane, their issues. with street re- paving, tree replacement, etc. To that it was suggested that people be informed of the Pavement Management Plan and shown where their street falls within the need for improvements, people want services, the City is trying to do so yet it can not, therefore services are being tied to revenues so they can be provided. Councilman Larson said he would support the proposals in that it will help to repair and beautify an already nice part of the City, College Park West would benefit from this. Councilman Boyd again stated he was against raising fees just to raise fees, in this case however it is an opportunity to raise the level of services as well as allow the public to vote on it, if the voters do not wish to increase the services yet the Council feels it is a priority then that will send a message that the Council needs to cut services in other areas to find another means. RESOLUTION NUMBER 4932 - PROPOSED INCREASED STREET SWEEPING FEES / AUTHORIZING LANDOWNER ELECTION Boyd moved, second by Yost, to adopt Resolution Number 4932 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RULING ON OBJECTIONS, DECLARING ITS CONSENT TO A PROPOSED INCREASE IN STREET SWEEPING FEES, AND ORDERING SUBMITTAL OF A MEASURE AUTHORIZING THE PROPOSED INCREASE TO A VOTE OF THE AFFECTED LANDOWNERS." By unanimous consent, full reading of Resolution Number 4932 was waived. I The City Attorney clarified that with the motion the Council would have the option to increase street sweeping fees provided that the CPI increases as well. Councilman Yost suggested that that be done in the context of a public hearing. Councilman Boyd accepted that as an amendment to the motion. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried RESOLUTION NUMBER 4933 - PROPOSED INCREASED TREE TRIMMING FEES - AUTHORIZING LANDOWNER ELECTION Boyd moved, second by Yost, to adopt Resolution Number 4933 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RULING ON OBJECTIONS, DECLARING ITS CONSENT TO A PROPOSED INCREASE IN TREE TRIMMING FEES, AND ORDERING SUBMITTAL OF A MEASURE AUTHORIZING THE PROPOSED INCREASE TO A VOTE OF THE AFFECTED LANDOWNERS." By unanimous consent, full reading of Resolution Number 4933 was waived. I The City Attorney advised that in addition to the previously mentioned language, there were two additional changes, Section 3 should read "...the Surfside Colony and Leisure World do not receive tree trimming services..." and a corresponding change in Section 5.4 to read "...Surfside Colony and Leisure World shall be exempt from the above fees..." Councilmember Campbell mentioned that she pays the tree trimming fee, does not have a tree in the front of her home yet enjoys all of the trees in the City, her opinion is that everyone should pay something, including Surfside and Leisure World, they enjoy the trees in the City as do others. Mayor Doane countered that Leisure World does pay a monthly fee. The City Attorney advised that it would be at the discretion 9-24-0l of the Council to make a recommendation however pointed out that Surfside was not noticed, therefore the Council ,could not impose the fee for consideration at the time, yet if that were the direction of the Council it could be noticed for a later hearing for Surfside Colony only. Councilmember Campbell noted that there is not adequate time to scheduled Surfs ide for a November ballot. ' AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I ORDINANCE NUMBER 1478 - CALLING SPECIAL MUNICIPAL ELECTION- STREET SWEEPING / TREE TRIMMING FEES - NOVEMBER 27th, '2001 - MAIL BALLOT ELECTION Boyd moved, second by Larson, to adopt Ordinance Number 1478 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICPAL ELECTION TO BE HELD IN 'THE CITY ON TUESDAY, NOVEMBER 27th, 2001, FOR THE SUBMISSION OF PROPOSED MEASURES RELATING TO STREET SWEEPING AND TREE TRIMMING FEES, AND DIRECTING THAT SAID ELECTION SHALL BE CONDUCTED BY MAIL BALLOT." By unanimous consent, full reading of Ordinance Number 1478 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried RESOLUTION NUMBER 4934 - WRITTEN ARGUMENTS / IMPARTIAL ANALYSIS Boyd moved, second by Larson, to adopt Resolution Number 4934 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES, AND DIRECTING THE 'CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSIS OF SAID MEASURES." By unanimous consent, full reading of Resolution Number 4934 was waived. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I RESOLUTION NUMBER 4935 - REBUTTAL ARGUMENTS Boyd moved, second by Larson, to adopt Resolution Number 4935 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CI'},'Y OF SEAL BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT THE NOVEMBER 27TH, 2001 SPECIAL MUNICIPAL ELECTION." By unanimous consent, full reading of Resolution Number 4935 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried RESOLUTION NUMBER 4936 - ORDERING CANVASS BY CITY CLERK Boyd moved, second by Larson, to adopt Resolution Number 4936 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ORDERING THAT THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 27TH, 2001, BE MADE BY THE CITY CLERK." By unanimous consent, full reading of Resolution Number 4936 was waived. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CITY ATTORNEY REPORT No report was presented. 9"-24-01 I CITY MANAGER REPORT The City Manager announced that as of this date the City received notification of being awarded the Government Finance Officers of the United States Award of Excellence for financial reporting for the Comprehensive Financial Report, a plaque recognizing the award forthcoming. The Manager reported the beach has been closed from the River to 5th Street as a result of a two thousand gallon sewage spill from the La Habra area that flowed to the San Gabriel River, another five hundred gallon spill in the Huntington Harbor area caused by a line blockage of the Midway Sanitary District has closed Sunset Aquatic Park and the Portafino Cove Marina. To a question as to whether there will eventually be a mechanism in place to locate the sources of spills, the Manager responded that at the October 26th Regional Water Quality Control Board meeting there will be a new permit issued to all sewer agencies within the Santa Ana Region which will require a formal maintenance program, grease control program, and training program, a requirement that any spill be reported even if between zero and one gallon, as opposed to the current one thousand gallon reporting requirement, the penalty will be $25,000 plus an increased per gallon charge, the reporting of any spill will be required to be certified under penalty of perjury by the chief executive officer or the chief elected official of the agency, this may put a halt to some of the spills. To the question as to where the fines will go and will cities receive any monies to compensate for cleanup and lost revenue, the Manager confirmed that there was some discussion of that issue, for a time the Regional Boards considered a $50,000 fine or in lieu of that $50,000 worth of improvements, there has also been some discussion of placing the fines in a pool from which the affect~d cities could draw, at this point however no formal policy has been established by the Regional Board. I I COUNCIL COMMENTS Councilmember Campbell read a letter received this date from Mr. Kranda, 5th Street, expressing appreciation to Up up and Away Kites for their donation of two United States flags and poles for the fire units, another resident donated a cotton flag that flew over his father which has been hung inside the Fire Station for public viewing and to ensure a long life of service, and a former Marine from El Toro donated a nylon flag which is hoped will someday fly on a pole at the 8th and Central Station, also requested calls from residents having ideas or suggestions as to how to get a flag pole. Councilmember Yost mentioned on-going complaints that the beach is dirty, however there is now an opportunity for the public to make it cleaner, if they would like the ocean to be cleaner the more trash that is removed from the streets the less ends up in the storm drains, River, and ocean, if there is that commitment then his feeling is that people will vote for the increase of street sweeping, which he would encourage. Also with regard to Marina Drive and the proposed traffic circle, Councilman Yost explained that the money for those improvements has been allocated by the State, OCTA, and the County, and are restricted for use on that specific project therefore can not be used for infrastructure changes, street sweeping, and tree trimming as was suggested by one resident. With regard to the comments of Councilmember Campbell, Councilman Boyd mentioned that Fire Station 44 is one of a few if not the only Station in Orange County without a flag pole, to that he would request staff to obtain an estimate of the cost to obtain a pole, the Flag not only 9-24-01 / 10-8-01 being a symbol of freedom around the world but a symbol of recovery of this Nation. He encouraged all to continue to fly the Nation's flag in the wake of the recent tragedy, and expressed appreci'ation for the recent candlelight vig'il on Main Street. Councilman Larson noted that while City' Attorney of San Dimas that Council sought a nice flag'pole until they received the bid pf $35,000, there must be a less expensive means. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until October 8th at 6:30 p.m. lto meet in Closed Session. By unanimous consent, the meeting' was adjourned at 9:37 p.m. Attest: Approved: I Seal Beach, California October 8, 2001 The regular adjourned date was canceled due attention. , I , meet~ng scheduled for 6:30 p.m.' th~s to the lack of business items ~equiring I C'~ Clerk and o~ the City of Seal Beach, California October 8, 2001 I The City Council of the City of Seal Beach met in regular session at 7:04 p.m. with Mayor Doane calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Doane Councilmembers Boyd, Campbell, Larson,; Yost Absent: None