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HomeMy WebLinkAboutCC Min 2001-12-10 11-13-01 I 11-26-01 I 12-10-01 ~(}J; Clerk and ex-offi io the City of Seal Beach I APPsoved: &/14 Th / ~ Attest: Seal Beach, California November 26, 2001 The regularly scheduled meeting of the City Council for November 26th, 2001 was canceled by action of the Council on No~er 13 h, 2001 due to the Thanksgiving holiday. ! ; clerk C'ty Clerk and o /the City of I Seal Beach, California December 10, 2001 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Doane calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Doane Councilmembers Boyd, Larson, Yost Absent: Councilmember Campbell Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk I CLOSED SESSION The City Attorney announced that the City Council would meet in Closed Session to discuss the item identified on the agenda, a conference with legal counsel relating to anticipated litigation pursuant to Government Code Section 54956.9(b) . The City Attorney stated this would be the opportunity for members of the audience to speak to that item if so desired. No one addressed the Council. 12-10-01 It was the order of the Chair, with consent of the Council present, to adjourn to Closed Session at 6:31 p.m. The Council reconvened at 6:56 p.m. with Mayor Doane calling the meeting to order. The City Attorney announced that no reportable action was taken. ADJOURNMENT By unanimous consent, the meeting was adjourned at 6:58 p.m. I clerk Approved: f;J;;;;" ~ ~. . (\ ~. ~ Attest: ~ City Seal Beach, California December 10, 2001 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Doane calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Doane Councilmembers Boyd, Larson, Yost Absent: Councilmember Campbell Councilmember Campbell had informed the Council that she would be late arriving. at the meeting. Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works/City Engineer Chief Sellers, Police Department Chief Cushman, Lifeguard Department Ms. Arends-King, Director of Administrative Services Mr. Vukojevic, Assistant City Engineer Ms. Yotsuya, Assistant to the City Manager Mr. Bernard, Public Works Assistant Mr. Eagle, Public Works Assistant Ms. Yeo, City Clerk I APPROVAL OF AGENDA Mayor Doane noted that Councilmember Campbell had requested that Item UR" be removed from the Consent Calendar, and 12-10-01 Councilman Yost requested Item "S" removed. Attorney clarified that the intent had been "H" to a later date. Yost moved, second by the order of the agenda as revised. The City to continue Item Boyd, to approve I AYES: NOES: ABSENT: Boyd, Doane, Larson, Yost None Campbell Motion carried ANNOUNCEMENTS Councilman Yost noted that the Seal Beach Historical and Cultural Society is holding their photo contest through the 31st of the month, invited interested persons to obtain an application, the photos will be displayed at the Red Car Museum. He mentioned also that the Society is always looking for volunteers particularly for maintenance and upkeep of the Red Car. Councilman Boyd mentioned that this will be the only Council meeting during the month of December, and wished all Happy Holidays. Mayor Doane made reference to the Talk of the Town Show of the past week during which Officer Paap interviewed Senior Police Volunteers Jim Deason and George Segerstrom, and announced that he had presented them with a 'Friends Helping Friends' pin as well. Councilmember Campbell arrived at the meeting at 7:05 p.m. PRESENTATION I PROCLAMATION Chief Sellers read in full the "Buckle Up For Life" proclamation for the holiday season of 2001 and all of 2002. Chief Sellers mentioned that one of the messages the Department uses in their local checkpoints is the message of safety of children and adults through the use of seatbelts and car safety seats, through this Proclamation the City is supporting the reduction of traffic accidents in Seal Beach and nationwide. PUBLIC COMMENTS Mayor Doane noted that there are no public hearing items on the agenda for this meeting therefore would request that the public speak to any issue, whether on the agenda or not, under the Public Comment period. I Mayor Doane declared Public Comments to be open. Dr. David Rosenman, Seal Beach, extended best wishes for the holiday season. Dr. Rosenman stated he had a copy of a letter sent to the Coastal Commission on June 6th signed by the Assistant to the City Manager regarding the Hellman Ranch project, the letter speaking to how landscaping and other issues will be handled, this was a formal response to the Coastal Commission. He said the City, to be transparent, has a series of councils and advisory bodies that it normally processes documents through so there is the benefit of citizen input, if setting precedence that there is awareness of what is being done before arbitrarily sending correspondence a body such as the Coastal Commission, this correspondence was not sent to the Environmental Quality Control Board, it did not go to the Planning Commission, nor did he recall this item being on a Council agenda. Dr. Rosenman requested that this matter be agendized or sent back to the EQCB to work its way back to the Council so that there is an awareness of what was said and of precedence, even though this may not be a legal issue when there is something going to the Coastal Commission and bypassing normal 12-10-01 channels, signed by a clerical administrative assistant rather than the Development Services Director or the City Manager and no one sees it, it is not right, it needs to be done better. with regard to the Tree Committee, Dr. Rosenman mentioned that the staff report is not part of the press packet, he would hope someone would copy it for the press before the end of the meeting, said he was distressed by the item, the Tree Committee has brought money to Seal Beach and it would not be wise to disband it, the comment relating to a chainsaw was offensive to him, in addition, if disbanded that also removes the ability of Trees for Seal Beach and/or the Tree Committee to qualify for grants as a 'Tree City USA,' that is how the planting in this town has been accomplished. Councilman Yost requested that the subject letter to Coastal Commission be agendized for the Planning Commission and the EQCB for their information, to that the Development Services Director stated that the letter has been provided to both bodies as part of their agendas after the date of the Commission hearing, also explained that their action was to receive and file in that they could not make changes as the letter had been sent. Councilman Yost said possibly some parameters may need to be set forth under which certain things can be forwarded prior to participation by those bodies, again asking that it be agendized for their discussion. Mr. Jerry Anderson, Sandpiper Drive, made reference to the last Planning Commission meeting where it appeared that the Bixby Company gained the ability to develop three additional residential lots, in turn the City received $100,000, stated his belief that that could not be accurate because he did not feel that the City would sell a buildable lot for $33,000, to that he requested that he be provided with the accurate information. with regard to the election, Mr. Anderson said two things might have been surmised, first, the people do not want to pay the additional money, the people are also saying what he and others said at a meeting, that the report was flawed, there was no program, nothing about it was correct, the figures did not add up, in his opinion what the people are saying is that they do not have faith, there is no credibility in the staff or the Council. Mr. Anderson stated the staff report from this agenda is ludicrous, it is not what the people of Seal Beach want, there is no crisis with regard to street sweeping or tree trimming, and then a proposed $250 expenditure for a chain saw to presumably cut down trees, if the $250 is approved then he would request that every expenditure over $249 be required to come before the Council, there is over $20,000 or $30,000 in miscellaneous supplies and materials in the Public Works Department. Mr. Bill Ayres, Seal Beach, present as the President of the lOK Walk and Run Committee, stated in year 2000 the proceeds from the Race, $10,000, were donated for the purpose of the rehabilitation of the Marina Community Center, this year another donation will be made. Mr. Ayres mentioned that the primary sponsors for the 2001 Race were Childrens Hospital of Orange County and the Los Alamitos Medical Center, donating $5,000 each, McKenna Motors, Walts Wharf, Finbars, Popsicle Brand, and Mina Fox Realtor each donated $1,000, there were approximately fifteen hundred runners and walkers. He mentioned that about two hundred volunteers are needed to put on the race, most are from Seal Beach, they work hard, the committee commences meetings in late August until the race which this year will be April 6th, and acknowledged those who serve on the committee including some City of Seal Beach employees. With regard to the 2002 race, stated it will be more difficult than in the past where they have been run on the Naval Weapons Station yet after I I I 12-10-01 I September 11th and due to security concerns the Race will not be allowed on the Base, therefore will revert to the prior 10K course which is Seal Beach Boulevard, turns onto Westminster, down the San Gabriel River path, finishing at the pier, also, a new course has been designed for the 5K runners to make a u-turn at Pacific Coast Highway to Electric Avenue, then the River and to the finish, this will mean a need for more volunteers, more work, coordination with the Highway Patrol. Again mentioning the donation last year to the Marina Center, that facility was looked at today for improvements that could be done immediately, the facility used by a large range of Seal Beach citizens, possibly a room divider in the main area that could accommodate two functions at once, a sound reduction device, that would increase revenue, there is need for a sound system, there are two overhead doors that are unsightly, drapes would improve the appearance considerably, the sliding glass doors are difficult to open or not openable because the tracks are broken, those would be replaced so they could be opened, there is thought of installing a commercial range and stove in the kitchen area as well as a new stainless steel sink, rehab and paint the cabinets. Mr. Ayres presented the $10,000 check to the City for the 2001 donation. Mr. Larry Moore said he was present on behalf of the Seal Beach Sailors, explained that last month their group held a event at the First Street rigging area during which they raised money which they wished to donate to the City, presented a check for $725.00 to the Council and extended appreciation to those who helped make the event possible, Ross Pounds, Mike Balchin, and the Surfrider Foundation. Mr. Ron Bennett, Seal Beach, made reference to the street sweeping and tree trimming agenda item, noted that over the past five years the Tree Committee brought into the City over $260,000, they have saved staff time by doing many hours of research on their own, members attended seminars on their own, wrote a manual. His comments relate to the ballot measure that failed, for that he is sorry, people wrote letters, appeared on local television, the problem is one of education, the City Manager had met with the Committee and advised that should the measure not pass the Tree Committee would be disbanded because there would be no further planting of trees, this meeting is about frustration. He noted that none of the Council members ran for office on a platform of raising taxes and lowering services, rather because each member thought they could do 'something better for the City, yet upon becoming a member of the Council it is learned precisely how much money comes in and how much is spent, what was seen from the election is not that people did not want street sweeping or trees they just did not want to be taxed again without a reason. The people do not realize that about half of the properties in Seal Beach fall under Proposition 13, the difference in the property tax is considerable, if the people realized that and that it is a higher percentage than anywhere else in Orange County, they would have some indication of the problems the City is having working with that situation, also, when the federal government has a problem they keep money from going to the State, when the State has a problem they withhold monies from the counties and cities, the cities get less and less. He offered if the taxpayers knew the facts as does the Council and staff possibly the measures would have passed, this is a small city, there is a value to living in a small city, yet there are economic problems, the Manager is not to be blamed, he came to the City with a great environmental and tree planting record, he is doing things with the budget that was not I I 12-10-01 dreamed to be possible, yet it is frustration. Mr. Bennett showed photos of some. of the accomplishments of the Tree Committee. He mentioned that when the Committee wanted to apply for grants they were told there was none available yet within two years they were granted $260,000, a check for $7,000 was also donated from the Car Show for Main Street trees. He specifically showed an area from 10th to Main Street where concrete was removed, replaced with top soil, a sprinkler system, and grass, that took three days at a cost of $5,000 for what would ordinarily cost between $12,000 and $15,000, it was volunteer labor, they paid for the trucks, dumping fees, and materials. He mentioned that there is a relationship between the Trees For Seal Beach Group and the Tree Advisory Board, it was realized that there was not enough money to work with, to an inquiry of Mr. Jim Watson as to why there were no trees on Ocean Avenue, the constraints of the size of the parkways, types of trees, etc. was pointed out, thereafter the Trees For Seal Beach group was created, a tax exempt foundation with a goal to earn money to hire professional grant writers for the City of Seal Beach. He noted that the first attempt at saving certain ficus trees scheduled for removal was on Main Street, the plan was to take out the concrete to be replaced by bricks or pavers on a sand base to allow the water to run through. Mr. Bennett mentioned that Trees For Seal Beach has existed for two years, there was a party on the beach last spring where six hundred fifty people paid $100 each to attend, there was a net earning of $32,000 to be used for grants for Seal Beach. He showed photos of the Main and Central intersection, again the ficus tree roots pruned, water provided, pavers in place, the trees saved, future root problems can be resolved by removing the pavers for pruning, the four corners landscaped at no expense to the City, on 12th Street where there was once parkways of about twenty inches there are now bulbouts where larger trees can be planted, no parking was lost. Mr. Bennett concluded by saying the Trees for Seal Beach group uses the Tree Committee as a stakeholder when applying for grants, there is no one associated with the City, yet the proposal is to disband the Tree Committee which costs nothing, has brought in over $260,000 over the past five years, has researched different methods of doing things, and urged that the Tree Committee be retained and that Trees For Seal Beach continue to use it as a stakeholder. Mr. Jim Caviola, Ocean Avenue, a member of the Tree Committee, mentioned that when the Committee was formed the City said it had no money, the Committee offered to pay for whatever was to be done, they began researching grants, a street tree policy had to be passed in order to make grant applications, that policy is somewhat weak and it will be requested that it be revised at some point, at present there is a grant application for Central and 10th Street, the Committee recently contracted for $3,200 to pay for a grant to apply for blocks on sand for the remaining ficus trees, their greatest accomplishment has been saving the ficus trees on Main Street rather than taking them out, $450 was recently paid to the grant writers to prepare a letter of intent for the property at Pacific Coast Highway and First Street that is all concrete and was once some type of club, a grant was found that is on-point, he will soon travel to Sacramento to lobby for monies for this town at no expense to the City. He said it is known it is all about money, yet it is their town, they are willing to pay for it, in 1997 seventy percent of the voters approved spending money on trees and the environment, at present there is $4.2 billion available in grants, the Committee presently has three applications out, a I I I 12-10-01 I grant for the First Street property could turn that land into a park, estuary or something similar, to that he reminded the City that it can not even apply for money if the Street Tree Committee is removed which in turn would deny the citizens the funds that they likely voted for. Mr. Caviola passed out plans drawn by a local landscape architect for Seal Beach Boulevard, the effort now is to solicit money to accomplish that plan, the intent of the Tree Committee is to support and maintain a nice town. I Mr. Jerry Tone, Hellman Properties, made reference to the Coastal Commission unanimous approval of the Hellman project about four weeks ago, the approval allowing a range of things on the property, the dedication of Gum Grove Park, likely to be the largest city owned Park in the community, also allows continued work with the wildlife Conservation Board, hoping to be on their agenda on February 28th, they are presently working on a myriad of things such as exceptions to title as far back as 1925, there is no concern that that will not be dealt with successfully, stated he will be meeting with the Executive Director of the State Coastal Conservancy the following day for an update relating to the status of the Bixby and Bryant purchases which are important compliments to the dedication of the Hellman lowlands at the mouth of the San Gabriel River. Mr. Tone stated his belief that the unanimous approval by the Coastal Commission was one more testament of the fundamental importance and integrity of the Hellman final plan, and thanked the Council for their continued support. Councilman Boyd said he was uncertain that everyone knows that Hellman Properties owns Gum Grove Park, the City has leased that area for a number of years, the Park will be expanded and dedicated to the City, a matter of significance. Mr. Bob McMann, 14th Street, a landscape architect, a seven year resident, and has been volunteering his time and effort to what that he felt the City should be looking at, that basically started with observing the uplifting of the curbs on Main Street as a result of the ficus trees and looking at resolutions as to how those areas could be treated without taking the trees down, it is felt that the Committee continues to come up with planting and paving ideas that are innovative and cost effective to the City, he would encourage the City to look at and review the plans that the Committee has formed and developed, the plan that he prepared for the Seal Beach Boulevard/Pacific Coast Highway interchange which he feels is basically the gateway to the City, an important element for him to create an image to the City through the use of plantings rather than walls and marquees to keep a unifying theme throughout the village. Mr. McMann said he would encourage retaining the Tree Committee, the volunteers like what they do and have a good time doing it. Ms. Sue Corbin, Seal Beach, said she too had reviewed the letter to the Coastal Commission that a prior speaker had mentioned, and unless authority has been delegated to the City Manager or Development Services Director the letter should have been voted upon, it should not have been forwarded without the authority of the Council, the letter appeared to have been written by an attorney or consultant, authority has not been delegated and this should not have happened. Ms. Corbin did offer her belief that the new City Manager is honorable, something the City has not had for some time. Ms. Corbin said the people are going to win for the trees, she agrees also with the Tree Committee, she has done her part for trees, the trees will be saved, the people did not_vote down. the measure because they are against trees, water bills have gone from about $30 to $150, there I 12-10-01 are people on limited incomes, people throughout the community are getting older, retiring, they can not afford the increases. The citizens should not be punished because the measure did not pass, how did the newspaper know by their deadline of a proposal to disband the Tree Committee, trees will be saved, trees are not going to be cut down, money will be found somehow. She mentioned too having attended a meeting relating to Bixby, they need the land for security after September 11th, the area should be sealed off, keep people out, use it for habitat, a comment made at that meeting was that Bixby knew nothing about giving the land to the State for a tax deduction. Mr. John Wright, Island View Drive, said he has had the opportunity to review the agenda report in response to the dismaying rejection by the voters of additional funding for keeping this City clean and beautiful, he personally supported both measures, apparently that was not enough. He expressed understanding of the feelings of staff with the rejection of the measures, as a member of the Ad Hoc Committee on stormwater quality it became apparent to him that staff was dedicated to making Seal Beach even more beautiful, the rejection of the measures by the voters appears to be a statement that well kept trees and clean streets is not worth $30 a year, however he would hope that staff and City Council would realize that the vote does not reflect the true desires of the voters, no one in their right mind except the firewood vendors really wants to cut down the City owned trees, what the people really want is something for nothing, yet most people realize you can not get any more than what is paid for, the vast majority of the voters in this City want it kept beautiful and are willing to pay for the service. Mr. Wright said he can see the problem with street sweeping, there is some inconvenience, people do not want to move their cars, but that does not apply to trees, his suggestion on the Water Quality Committee was to synchronize the traffic lights on Seal Beach Boulevard and PCH so that people do not have to stop, that would eliminate brake dust on the streets therefore would not need to be swept as much. He noted that the results of the election seems contrary to what he is saying but his belief is that. the issue with the voters is how their money is spent, how well it is spent and will be spent, as an example he has heard that the current tree trimming is not being done well, trees trimmed more on one side than the other leading to tipping, uplifted sidewalks and curbs, this could be a case of low bidder, inexperienced staff, or maybe a policy to trim them that way, therefore a perception that the current money is not being spent as well as it could, and specific proposals for improvement would be desirable to help voters be aware of what they would get for their $30. He has heard also that the selection of tree plantings along Seal Beach Boulevard may not have been made with an eye to reduced maintenance, it is understood that that planting was paid through grant money but the maintenance must come from the tree trimming fund, it does not make sense to plant trees that disproportionately increases maintenance costs, low maintenance trees should be a priority, at least balanced well against appearance, however he is not an arborist and does not know trees as well as others. Mr. Wright mentioned another complaint from people that they pay enough taxes in Seal Beach therefore why should they need to pay more, that having a special tax for all of the things that people want simply allows the General Fund to be spent on things that they do not want, his belief is that people do not get enough information, or, do not pay enough attention to it to realize that many of the taxes that are paid do not come back to the I I I ;,\>- 12-10-01 I City, citizens pay high property taxes but how much does the City get, not much, most people probably do not know just how little it is, the City does get sales tax, utility tax, and other sources but again people have no idea of the percentage of taxes paid that can be used by the City, to that his suggestion would be a regular publishing of the financials of the City in an easy to understand, simple format in the local newspaper so that everyone can understand where their money is going and where it comes from, his belief is that with a bit more information as to why the additional funds are needed and how the current situation'will be improved, the voters would pass measures like the ones recently defeated, this should be given another try. Ms. Nancy Grgas, 15th Street, expressed appreciation to the construction staff for workin~ closely with the residents affected by the 13th, 14th, and 15t Street alley repairs, the pre-construction neighborhood meeting in September was informative and productive, subsequently the project managers were receptive to ideas for minimizing any inconvenience to the residents, they distributed fliers and tried to keep the neighborhoods updated as to the progress on the alleys. With both alleys under construction at one time there was great concern with parking, a suggestion was made that parking on both sides of Electric from Seal Beach Boulevard to 12th Street would be helpful, within days signs were placed on Electric to allow parking during the construction period, this added space for about forty cars and greatly reduced congestion due to displaced cars from garages and alleys, this is an example of how residents and staff working together can solve a problem before it gets out of hand. Mr. Ray Evovin, College Park East, noted receipt of a newsletter from his Council representative in which it was stated that the intent was to seek Requests for Proposals for the Old Ranch Tennis Club in January with construction to commence about October, 2002. Mr. Evovin said to his recollection when this issue came before the Council some months ago the Recreation and Parks Commission was given the task of seeking estimates of costs to do the enhancements or changes to the Old Ranch property, yet there is rumor that the plans have been changed and if that is true he would assume that there would be a procedure to start the process again pertaining to the changed plans, and given the information in the news letter it was felt important to- address the Council about some of the considerations that is believed should be undertaken concerning Old Ranch Tennis Club. As a resident of that neighborhood, Mr. Evovin said he and others feel the overriding consideration in the College Park area is that nothing should be done that would negatively affect the neighborhood or the values of the homes, those considerations are not unique to their neighborhood but to all neighborhoods, do nothing that will cause a negative affect or be a mistake. Mr. Evovin offered what he regarded as faulty information given the Council in the past in coming to conclusions that will be reached regarding this property, first, a committee was formed to look into options as to what might be done to the Club, having gotten feedback from some of the committee members it is felt several things were overlooked in the process, there was no consideration given to what construction costs may be, the utilization, a cross section of College Park East residents to determine the number of children by levels of age, the kinds of recreation and park amenities that there should be in the neighborhood, some of the uses proposed may not be compatible with a private or semi-private or private and public tennis club, that could have a negative effect if one of the things that I I 12-10-01 are being counted on is dues paid by members that in turn goes into the maintenance of the property, these are the types of things that in a normal construction project there would be an impact study of some type, therefore it is not felt that was properly done. Mr. Evovin said another consideration is that some of the activities that residents may want to have in the neighborhood for youngsters and are appropriate for a park might better be placed at one of the other four parks instead of destroying something that exists, an example, there are tennis courts at Heather Park and at Old Ranch, if the public can play at Old Ranch then there is no need for tennis courts at Heather Park which could be turned into another suitable use for the youth. He claimed that the Planning Commission did not give the Tennis Club proper consideration when the matter was before them, and when a presentation was made before the Council by the prior Recreation Director she answered questions yet gave a number of misstatements and incorrect information, that could have been due to the desire to respond to Council questions, however the Director was not sufficiently informed as to potential costs and future plans. Mr. Evovin expressed his opinion that the Old Ranch Tennis Club is an opportunity for a crown jewel in this City, this tennis facility is the best within a thirty mile radius, it can be put to excellent use as a tennis club and will bring pride and attention to Seal Beach, can provide valuable services to residents of the community as well, the Leisure World tennis club, as an example, does not have a home court on which to play, the facility is excellent for hosting youth tennis programs, continue to host Los'Alamitos High School and CIF tennis events, all of which can be done at little or no cost to the City, the members of the club will continue to be members and share the club with the public on some type of cooperative basis that everyone can gain from, in doing so nothing has to be given up that was attempted to be accomplished by the plan that was proposed because things like basketball courts, a wading pool, etc. could be placed in other parks in the area, yet remodel the clubhouse to be used as a community center and layout the remodel in such a way as to have amphitheater or stage type operations for concerts or meetings for the general public, the tennis courts could be covered when the public is present for picnics, presentations, or concerts so that no damage occurs to the courts, the Center could be a multi-use facility. Mr. Evovin invited the Council to tour the facility, gain an appreciation for the Center as an asset, and make a choice that will benefit the City in a broad sense and the College Park East community specifically. Ms. Donna Roland, Southshore Drive, a member of the Tree Committee, she has been involved for two years, and with regard to disbanding the Committee it would not be in the best interest of the City, as has been heard, this board has spent countless hours and five years of their time researching trees, tree removals, travel on their own time to other cities to find new solutions, raise money for grant writers when told there is no money, and as documented through photographs at this meeting they have done numerous things for the City, they should be commended for their good work, in addition, they are a free resource for which the City could not afford to pay their salary. Ms. Roland stated that even though the voters rejected paying more fees that does not indicate in any way that they are demanding a lower service level nor does it reflect that the people do not care about the City, it does reflect however that education is the key, there is need to educate the community. During her two year membership on this committee she said she has learned I I I 12-10-01 I considerable, it is owed to the City to provide more information as to what they are doing, education of the public regarding some of the issues is a goal for year 2002. Ms. Roland deemed the request for a chainsaw to be alarming, she did not understand what that request was meant to reflect, said history has a way of repeating itself, the reason that there is a Tree Advisory Board is because of the problem of cutting down trees in the past, trees will be replaced years from now that were cut down and it will cost more money. I Mr. Walt Miller said he has a theme for the evening, 'does it seem strange that...,' City officials charged his son with making terrorist threats and had him jailed last August because he made heated telephone calls to City staff asking for the replacement of a handicapped ramp,. he had installed the ramp some ten years ago for wheelchair customers, last Wednesday a judge ruled the case of the District Attorney as no violations of the law and exonerated his son from all charges and stated his bail would be refunded, strange that earlier this year the Council voted to narrow the width of Seal Beach Boulevard when main thoroughfares throughout the County were being widened, last Sunday a handicapped customer did not feel it was safe to get out of his van on the narrow Boulevard, was unable to get the attention of his son, finally read the telephone number from the parked Sandpiper van so that his son could pick up his wheel that was in need of repair, possibly no one understood that when they voted to narrow the street, strange that staff used a letter dated May 16th from a neighboring resident as a basis to place an appeal before the Council and Planning Commission of the approval of his project on May 10th, the only flaw in their judgment was that the Commission had never addressed the issues in that letter because the hearing was held six days before the letter was written, the letter writer had waived her legal right of appeal by not making a timely response, that is strange, possibly City officials forgot to ask the City Attorney for his opinion, strange that the Council did not address any of the four issues in the letter and instead voted to require an architectural change to his design that was outside the scope of their expertise, that change destroyed. the mixed use concept that met all legal requirements of the City and Coastal Commission, it is possible that only one member understood his vote, strange that others also feel the Council votes on issues they do not understand. Mr. Miller read a response to his letter in the local newspaper relating to the Trailer Park issue, 'the councilmembers have shown an unwillingness to improve the situation and have shown that they did not read documents and understand the situation, nor did they care too..anyone who asks questions is painted as a troublemaker.' Mr. Miller said this is strange for a City that is trying to develop a program and City, there are great citizens, but something is wrong. Ms. Carla Watson, Catalina Avenue, claimed her residence since 1964, and excitement upon hearing of a group of citizens that came together and took the time to become experts on a tree policy so that the right trees were planted for the health and beauty of this town, doing things the right way, educating people, the possibilities of greening the City, getting away from the Barstow mentality. People and children know about the greenhouse affect, some people try to deny that it is an impact, this committee has taken their time to develop a policy, this is the kind of positive action that is wanted from the citizens, they should be held up as examples in the community, ~his is wh~t people do I 12-10-01 without getting paid, altruism that became alive again, she got her indoctrination by fighting for the greenbelt, in year 2001 the desire is to increase and beautify the City. Ms. Watson said when a bond issue is not approved for a School District you try again, she too did not do enough, put the measures on the ballot again and people will walk the streets and campaign for them, any issue that will beautify this City, it is known that people want to green America, make it beautiful for the children, a prior Council was the first in Orange County to stand up to back the Bolsa Chica, and urged that another stance be taken for the kids that are coming up. Ms. Beverly Pearce, Seal Beach, quoted a statement that if everything is going right no one pays attention, if things start going the wrong direction things then break loose, that seems to be what is happening here. Ms. Pearce stated she believes in the political process, especially in Seal Beach, that is why she wants to participate in it, her feeling is that the Council will not disband any committee that wants to participate in the City process, certain that a way will be found to keep the trees and the urban forest, the landscaping, and environmental issues alive. She felt certain too that the Council and all others want to continue the education process because each time there is an issue or the budget is discussed, each time one cries poor, it does not work, people need to discuss different ways to handle the issues and problems, if there are committees that are fund raising she felt certain that the Council will encourage them, if there are new ideas they will be encouraged. Ms. Pearce noted that the Council would also be considering the AMPCO contract, she had asked if there had been a parking committee, was informed that there was, upon asking what their recommendations were was informed that they had not made a recommendation, that may be another resource where a committee could encourage advisory votes or recommendations for various options to resolve fiscal and specific problems with regard to trees, parking, the environment. Ms. Pearce said when there are things that are more complex than the public is used to, such as the Mercy House receiving authorization to look around the City to assist the Redevelopment Agency to somehow find a way to use the low and moderate income setaside housing funds so they are not lost or in any way put other funds in jeopardy, the Mercy House is a wonderful organization that helps people with HIV, unwed mothers, single men in transitional housing, low and moderate income families, it is believed that the community understood how they were chosen, whether they approached the City or the City asked for their help, at times the Redevelopment Agency could bring a report to the Council where there is a public viewing of meetings, status reports may help to educate the community. Councilman Yost asked that an update relating to Mercy House be agendized, confirming that to be a Council agenda matter. The City Manager said that would be forthcoming the first meeting in January. There being no further comments, Mayor Doane declared Public Comments to be closed. I I It was the order of the Chair, with consent of the Council, to declare a recess at 8:24 p.m. The Council reconvened at 8:34 p.m. with Mayor Doane calling the meeting to order. I COUNCIL ITEMS UTILITY USERS TAX Councilman Yost said one of the reasons for bringing forth the issue of the utility users tax was that after the street 12-10-01 I sweeping and tree trimming measures were not approved he received several telephone calls from people who described themselves as the silent majority, one such caller reminded that it was said the Council would lower the utility users tax once the Bixby project opened, that has not been done, and the caller was right. Councilman Yost said he recognizes that there are difficult budget issues coming up, they will be challenging, yet his feeling is that the Council made a promise that should be honored. Councilman Yost said he had figures that estimate the revenues that are anticipated to be generated by the Center, about $500,000, however of that the utility users tax is around $250,000, what he is looking to is a utility tax reduction of one half percent or about $167,000, that would be less than what would be realized in utility tax from the Bixby Center, and he claimed again that this item grew out of the telephone calls and his search to determine why the street sweeping and tree trimming measures were not approved. I The City Manager said he wished to present some facts and figures for information purposes, while of great concern are revenues and expenditures, it is felt this should be looked at in totality as to what the City is facing. The Manager pointed out that the City has received notification from PERS that it will be facing an expenditure on behalf of former local firefighters of about $400,000 to $500,000 per year for the next ten years or until those persons retire, labor costs. have risen significantly with the current police contract, the retirement costs will rise $612,000 by fiscal year 2003/04, the State may be taking the Vehicle In-Lieu fees of about $1.3 million, as a comparison a one half percent of the utility tax equals about $167,000, one percent is about $340,000, in year 2002/03 without a reduction of the utility tax and VLF the budget shortfall will be $497,229, that is with factoring in the Bixby revenues and growth of utility tax, then in 2003/04 the shortfall grows to $972,000, there is a six percent police cost, the retirement contribution of $400,000 to PERS, the City is locked into the fire contract for ten years, it increases by three and a half and four percent, that is how the figure of $497,229 was arrived at, there are other increases that are known however can not as yet be pinpointed, all of that coupled with the Vehicle In- Lieu equals $1.7 million, add a half percent utility tax which is then $1.9, the Council has adopted a three percent at fifty labor contract with the police commencing in 2003/04, that plus the PERS, plus the fire contract, comes to $2.4 million. In response to a question from Council relating to the fire personnel retirement contribution, the Manager confirmed that it is a PERS issue, Council had no control over it, this was discovered through discussion with PERS representatives at a PERS conference, when the City moved from its own fire department to Orange County Fire those costs followed. Councilman Boyd confirmed that this is a PERS issue for City fire personnel from 1982, the current ten year contract with the Orange County Fire Authority has a cap of three and a half percent per year where in the past seven percent increases were being experienced. The Manager pointed out that the utility tax is a recurring revenue thus any reduction must too be recurring, the equation is relatively simple, if the utility tax is reduced then you either increase revenues or reduce expenditures. Rossmoor improvements may be forthcoming, Boeing would be two years if it happens at all, at present are not an available revenue stream, parking meters will likely have some community opposition, in other words the revenue side of the equation I 12-10-01 is off limits at this point, the alternative is to basically reduce or eliminate labor costs or programs in total, also, expenditure cuts should be made prior to reducing the utility user tax. The City Manager requested that he be allowed time to prepare some multiple scenarios to meet the known expenditure increases and address the reduction of the utility user tax, also that certain principals be adopted, that reserves not be used, that the expenditure reductions must come from recurring costs, that no department or programs are immune from expenditure reductfons, that is important because public safety is fifty-one to fifty-five percent of the budget, and that the reductions must be implemented before the utility tax reduction, this needs to be looked at in total, not just one revenue stream, it needs to be all revenues and all expenditures. Councilman Yost asked that in the future such staff reports appear in the agenda packet, to that the Manager apologized, noting that certain information was not available until today. I Councilman Boyd noted that when the first reading of the ordinance was held to reduce the utility users tax by one and a half percent there were certain triggers, specifically the increase of sales tax revenue that was expected from the Bixby property and the Old Ranch Towne Center, that has not occurred as yet, those revenues have not been seen to date because the construction schedule is behind, however are expected. Councilman Boyd said he agreed with Councilman Yost that something needs to be done relating to the utility users tax however the promise was a one and a half percent cut not a half percent, he would fear being forced to do something by initiative, Long Beach had their utility tax repealed by initiative, this City should be proactive enough to look at the services being delivered, balance the revenues that come in, and figure out what needs to be done to meet the demands of the City and reduce the utility tax. His preference would be that the staff bring back a fiscal analysis and description of service levels that could be offered that would address the half percent, the one and a half percent as set forth in the ordinance that has had first reading, as well as a three percent cut for a single fiscal year so that it could be implemented immediately for this fiscal year, as well as an analysis that sets forth the services that are offered and how the utility tax could be reduced by as much as five percent but over a multiple fiscal year period. The City may be embarking on a two year budget cycle with more frequent'periodic updates, this process would provide a financial picture for a couple of years to cut the utility tax by possibly five percent in a two year period, a scenario of how that would impact the services delivered, how it would impact revenues, what new revenues there may be and what may be lost. Councilman Boyd said his motion would be to direct staff to come back with such analysis, his concern is with the impact on revenues, or if there would be an impact, and it is expected there would be. Councilman Yost agreed that initially the approval was for a one and a half percent reduction, to him that is not possible yet there is a need to be prudent, this could be a beginning, if a half percent decrease can not be supported then what can one support, just the projected increase in utility users tax from the Bixby shopping center is $250,000, the half percent is barely two thirds of that which he said he felt should be shared back with the community, the Council should start now to live up to its obligation. He made reference also to projected retail sales increases from the shopping center, Target projected to bring in about $300,000 per year, Bed, I I 12-10-01 I Bath and Beyond about $100,000, SavOn about $20,000, the hotel about $80,000 in transient occupancy tax, Islands $15,000, Macaroni Grill $l5,000, Starbucks between $6,000 to $7,000, that equals about $536,000, plus the $250,000 utility users tax increase, about a three quarter million revenue increase to the City, his request is to decrease the utility tax by a half percent, $167,000. I Councilmember Campbell said it needs to be known where the money from the Bixby Center has gone thus far, it has gone to the Police Department which was been mandated, the City Manager has shown the numbers, she is looking at what may be lost with the Vehicle License Fee, what is projected in utility tax when the Bixby project is completed , take a look at what it will cost in terms of services, what has to be given up to achieve the reduction. Councilman Boyd agreed, his request is that staff bring back a report showing what will be needed in terms of adjustment of the program of services, then priorities can be set and whatever revenues there are the City must live within those means. Councilman Larson mentioned that he has been involved in local and State government for over fifty years, one of the biggest mistakes is assuming that something is not gbing to happen, so if it is assumed that the City will receive a little money and you reduce the tax by a token, a half percent, eventually there will need to be a cut back one way or another, he could not believe that any resident of Leisure World would be satisfied with a half percent, his position is that the tax should be reduced to six percent, do it three percent the first year, two percent the next year, that would make the utility tax six percent at the end of two years, acknowledge the request of the City Manager that the ordinance be adopted to reduce the tax by that amount at the time he provides a budget so that it will be known what is being cut when that is done. He stated it would not be fair for him to say he would be receptive to a half percent or even one and a half percent, it needs to be shown to the people that the reduction is substantive before there is an effort to place it on the ballot to reduce it completely, then there would be none, a six percent tax would bring the City into line with what it is elsewhere, it may stave off an initiative, the City will need to live with it, the people will need to be told that they will have more potholes and other problems, there needs to be fairness as to what is going to be provided for the Community, that is nothing more than a balancing of the interests. He offered .that he has no disagreement with those who want trees and he has sympathy for those who want their potholes fixed, those types of things will need to be adjusted at the time that the reduction is made, his feeling is that the City Manager will develop a plan that the Council can live with, and the people will at least know why certain things are being done or not done, the people were promised a reduction, do a three percent reduction now which shows good faith, then two percent reduction the following year, he would vote for that. Councilman Larson recognized that this may be a reluctant thing to vote for, it needs to be recognized that this is not a rich City, it is unique in its qualities, but there is not enough money to keep it at a 'cadillac' level, reality needs to be faced by reducing the taxes on the people. I In response to a question of a member of the Council, Councilman Larson moved to direct the City Manager to bring back a report detailing the adjustments that would need to be made to the program of service to reduce the utility tax by 12-10-01 three and two percentages in the upcoming two years, to be effective the 2002/03 fiscal year. Councilman Boyd seconded the motion. councilman Yost moved a substitute motion to submit to Council an amendment to reduce the utility tax by a half percent effective January l,t. There was no second to the substitute motion. I Mayor Doane noted that he is the only member of the Council that was present in the early 1990's when the utility users tax was adjusted to eleven percent, it was not as great an impact as some, of the other cities in that it applied to gas, electricity, and telephone only, not water or cable, he determined to vote for it only if each year it was reviewed and reduced and until 1996 when he went off Council he did not vote for any budget because the utility tax had not been reduced, he offered this because he did not want people to think that he was against reducing the utility tax, it has been a prime concern of his since it was enacted. Mayor Doane stated however that there are extenuating circumstances, part of increased revenue from the Bixby project is being offset in that Rossmoor has become a huge question mark, supposedly going to redevelop and bring in some large stores, yet in the interim they are not renewing any leases, a number of businesses have been asked to leave, particularly those in the center building which is proposed to be torn down, there is now room to park to the front of the Center, the area is hurting, Rossmoor has been a large sales tax and utility tax contributor. To that scenario Mayor Doane pointed out that the City is gaining in one area yet losing in another, therefore he agrees that this matter should be considered by the staff budget committee to determine if any reduction, a half percent, one and a half, or three percent, is feasible at this time, he would not support making a reduction by the first of January however, it should be part of the budget consideration, reduction of the utility users tax is important to many people, it is fortunate that the elderly that can not afford this tax have been provided exemption relief, yet that too has reduced the amount of utility tax coming to the City. He again spoke in support of this matter being referred to the staff budget committee, it is staff who have all the facts and figures to know if it can be reduced, he would support no motion at this time other than to refer the matter to staff for further study and report while keeping in mind the feelings of the Council with regard to a reduction. I Councilman Boyd spoke favorably of the suggestion of Councilman Larson to significantly reduce the utility tax over a two year period, that shows good faith. He mentioned having now gone through three budget cycles, at first there were no reserves, there was no privatizing to save money, no looking in a forensic manner at the budget and finances to determine where cost savings could be created, enhance services, and do more with less, the desire is to create a long term, stable financial picture for the City that the people can believe in and understand, that will take some education between now and when the budget is adopted in June. He mentioned that there have been millions of dollars of public improvements in the past four years, new bathrooms at the pier, streets, alleys, more improvements than there has been in fifteen years, that is a credit to the Council as well as the City Manager. He, noted having made public the increased senior exemption a couple of years ago, that was 'I l2-10-01 I the right thing to do, the proposed reduction too is the right thing to do yet it must be done in a way that assures long term financial stability to meet the demands that the residents place on the City, that can only be done with an analysis, that can be done by the City Manager with some harsh facts and figures, again, he would support the motion of Councilman Larson. Councilmember Campbell agreed that there needs to be an educational campaign relating to the finances and budget of the City, people seem to think there is a pot of money, yet most of the revenues received are already spoken for so the amount of discretionary income is extremely small in comparison to the total budget, she is looking to get streets repaired, Councilman Boyd is looking for alley improvements, this year there were only four small cul-de-sacs done, next year three, these are streets that have not been paved in thirty-five years, Birchwood Avenue is terrible yet is not even on the list. She inquired as to estimated discretionary income in the entire budget, to that the City Manager responded that he was not certain at this point, there might be $300,000 for one-time necessities. Councilmember Campbell stated again that people just do not understand, they ask what happened to all of the Bixby money, there was not all that much, and the City is constantly being hit with something else, of concern to her is the take away of the monies in 1992 for the ERAF, that was more lost property taxes to benefit the schools, she thought the lottery was to have taken care of that, now the proposal is to take away the vehicle license fee, $1.3 million, take a look at the State budget today, are they going to take more property tax monies. To that there was comment that that is a State governor that took a $22 billion swing in two years from surplus to a deficit, also, upon reviewing the finances of the City the former Interim Manager advised that based on the revenue projections if the City wanted to incorporate in this day of age it could not. Councilmember Campbell mentioned too that the Bixby project is behind schedule, and cautioned that although the desire is to reduce the utility tax a long look should be taken as to what will need to be cut. Councilman Yost agreed with the suggestion of a speaker to publish the financials of the City, people have also said why not pursue outside funding yet in reality the funding of eighty-nine percent of the capital projects are from outside sources, that is not money generated in Seal Beach, with regard to the Vehicle License Fees he has been e-mailing the legislators with regard to that, one response was that 'as a former city official it is understood how important the VLF is to local budgets and would always support legislation that would turn more funds back to cities, yet with a looming $13 billion deficit it is almost a certainty that the VLF will be one of the first sought by the State...', he has been pointing out that the cities are responsible for local public safety, need to pay for that, and not to touch the VLF or other monies that come from the State, the ERAF taking was a tremendous impact, the cities are still trying to recover from that, it is important that all cities, band together on this issue. Counci~man Larson mentioned that both the League of Cities and the County Supervisors Association of California are working on a constitutional amendment which would return the ERAF money, whether that will pass will depend to a large extent on the actions of local city councils to get it qualified for the ballot and voted on, there is also a possibility that the City could lose all of the utility tax by a Supreme Court decision, if that were to happen it would necessitate a considerable payback, if the utility tax were reduced to six percent there would a lesser I I 12-10-01 payback. Councilman Boyd said for the past two budget processes he has been an advocate of purchasing newspaper advertising space for the purpose of educating the public, share the budget information, these are issues that are important, that is starting to be iseen, information and facts need to be provided the public, this City could be in a good financial situation with the efforts of the Council and staff, there were now reserves, r~serves have been made a priority, a utility tax reduction 'was offered to low income seniors, this is the next step, it needs to be done prudently, 'the next step would be to vote in support of the motion of Councilman Larson, direct the Manager to come back with some actuarials, and move forward. I Councilman Yost requested amendment of the motion to include different ranges of reduction, a half percent, one percent, one and a half percent, and the three/two percent scenario. Councilman Larson agreed to such amendment. Councilman Boyd clarified that the request is for the Manager to bring actuarials for each percentage to the Council as well as adjustments to the program of service that would be effective as July 1,t, 2002, this to meet the demands of the electorate yet meet the service demands that are felt to be appropriate. The Manager added that would include the principals that he set forth in his presentation. It was offered that that would include leaving reserves intact, maintain an appropriate level of police services, this would be a prioritization effort for the Council to make decisions. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I CONSENT CALENDAR - ITEMS "c" thru "U" Boyd moved, second by Larson, to approve the recommended action for items on the agenda as presented, except Item "H", Resolution Number 4971 relating to the Orange County Central Park and Nature Preserve Initiative", held over, and Item "S", removed for separate consideration. C. 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 the reading of such ordinance or resolution. D. Approved regular demands numbered 35339 through 35594 in the amount of $1,164.226.86, payroll demands numbered 14075 through 14374 in the amount of $347,607.28, and authorized warrants to be drawn on the Treasury for same. Received and filed the Monthly Investment Report for September, 2001. E. I F. Declared the District One position on the Archaeological Advisory Committee to be vacant for the unexpired term ending July, 2002. G. Adopted Resolution Number 4959 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED I H. 12-10-01 AS TO PLANS AND SPECIFICATIONS FOR PROJECT #49991 AND 49757, SEAL BEACH BOULEVARD IMPROVEMENTS/REHAB., PCH TO ELECTRIC, ENTERED INTO BETWEEN SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS, INC. AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4959 was waived. (Item "H" was removed from the Consent Calendar and held over to a future meeting.) I. Adopted Resolution Number 4960 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING PAYROLL SERVICES CONTRACT BUDGET AMENDMENT FOR FISCAL YEAR 2001/02." By unanimous consent, full reading of Resolution Number 4960 was waived. J. Adopted Resolution Number 4961 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING BUDGET TRANSFER OF BUILDING MAINTENANCE COSTS," (from Police to Building Maintenance Department). By unanimous consent, full reading of Resolution Number 4961 was waived. K. Denied the claim for damages of Clifford T. Aschoff III (for Scott R. Aschoff). I L. Adopted Resolution Number 4962 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING FISCAL YEAR 2001/02 BUDGET," (DMG Maximus contract fee adjustment). By unanimous consent, full reading of Resolution Number 4962 was waived. ' M. Adopted Resolution Number 4963 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE DESTRUCTION OF CERTAIN POLICE DEPARTMENT RECORDS." By unanimous consent, full reading of' Resolution Number 4963 was waived. N. I O. Adopted Resolution Number 4964 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RECITING THE FACTS OF THE SPECIAL LANDOWNER ELECTION HELD IN THE CITY OF SEAL BEACH ON THE 27th DAY OF NOVEMBER, 2001, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS PROVIDED BY LAW." By unanimous consent, full reading of Resolution Number 4964 was waived. Adopted Resolution Number 4965 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT FOR COMPUTER UPGRADES AND ENHANCEMENTS," (Police Department). By unanimous consent, full reading of Resolution Number 4965 was waived. P. Adopted Resolution Number 4966 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY 12-10-01 Q. OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT FOR 800 MHz EMERGENCY RADIO COMMUNICATION EQUI:PMENT," (Lifeguard and Public Works Departments). By unanimous consent, full reading of Resolution Number 4966 was waived. Adopted Resolution Numbe'r 4967 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORN~A, ADOPTING REVISED ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS." By unanimous consent, full reading of Resolution Number 4967 was waived. I R. proposals from four qualified playground equipment providers wer~ received during the month of July, 2001 ifor the removal and replacement of playground equipment at Almond Park as follows: T. U. AYES: NOES: , Little Tikes Commercial Play Systems Dave Bang and Associates Hanson Associates Miracle Park $ 50,268.70 $ 58,850.00 $137,977.41 $ 54,950.25 Approved the contract award for removal and replacement of playground equipment at Almond Park to Miracle Recreation Equipment Company in the amount of $54,950.25, and authorized the City Manager to execute the contract on behalf of the City. I Approved the Agreement for Reimbursement of Environmental Review Report Preparation Costs and Staff Support 'Services, Rossmoor Center, Seal Beach, and authorized the City Manager to execute same on behalf of the City. Adopted Resolution Number 4968 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT FOR HVAC EQUIPMENT THAT WILL BE FINANCED AS PART OF THE EXISTING LEASE PURCHASE PROGRAM WITH MUNICIPAL FINANCE CORPORATION." By unanimous consent, full reading of Resolution Number 4968 was waived. Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "S" - BOEING PROPERTY -REIMBURSEMENT AGREEMENT - PROFESSIONAL SERVICES Councilman Yost mentioned that he did not see any reference to the Council approved Citizens Advisory Committee and asked that such reference be added to the Background section to read 'as well as a Citizens Advisory Committee,' stated he is a believer of citizen participation, particularly in land use issues, in this case it is important to show that the public has the opportunity of input as to what mayor may not come to be on the Boeing property. It was clarified that the I I I , , 12-10-01 amendment was to be to the Agreement, not the staff report. Councilman Larson noted that appointments to the Committee is pending an opinion from the Fair Political Practices Commission. Councilman Boyd stated he would abstain from voting on this item. Yost moved, second by Larson, to approve the Agreement for Reimbursement of Environmental Review and Fiscal Impact Report Preparation Costs and Staff Support Services for the Boeing property, Seal Beach, as amended. AYES: NOES: ABSTAIN: Campbell, Doane, Larson, Yost None Boyd Motion carried TREE TRIMMING/PRESERVATION & STREET SWEEPING - FUTURE OF (Proposed The City Manager presented the staff report and requested Reso's Council direction to provide no subsidy to street sweeping 4969 & and provide the level of street sweeping services to match 4970). the revenues from the fees collected, rescind Resolution Number 4500 that established the Tree Advisory Board for the purpose of ensuring the urban forest, to which he noted that the purpose of the tree committee was to provide assistance in the development of street tree preservation and improvement plans, the third recommendation being to halt the current practice of exhausting all possible efforts to save trees in the community, the reason for that is the cost of grinding, patching, root pruning, arborist reports, etc. that were included in the proposed tree trimming fee increase which provided a revenue source for those maintenance tasks, the fees collected will be for tree pruning only, the other functions were being funded through a General Fund subsidy. Staff would request direction to also suspend any future plans to install trees except for those currently in line with projects such as the Seal Beach Boulevard median and along Lampson as at this point there is no additional funding for the maintenance of trees, primarily trees of fifteen to twenty years of age, when trees are planted there is an on- going cost year after year, another request is to adjust the tree trimming cycle from a three year to a five year cycle, that would allow tree trimming on a more regular basis, asking also for the Council to modify the street tree policy adopted in 1997 for the reason that the mission statement of the program was 'to create a comprehensive plan for a sustainable urban forest in the City of Seal Beach, the efforts to enhance the highest level of health, safety, and welfare for the entire community.....and that all street trees removed shall be replaced,' to that statement possibly the word "shall" changed to "may" because in those cases there may not be available monies to do replacement, also take action on the controversial budget amendment for the purchase of new equipment, the point being that a change is taking place whereby the electorate voted down the additional revenue therefore the City is locked into not having those funds available, it is actually an educational process, the election outcome is undeniable with sixty plus percent of the voters voting against the measures. To the question as to whether the Council was being asked to take a separate action on each of the requests, the Manager stated that is at the discretion of the Council. Councilman Boyd agreed to separate actions, he would agree with most, the City can not continue to fund the services from General Fund dollars where there are not enough fees being collected for cost recovery, the level of service must be commensurate 12-10-01 with the amount of fees collected. Councilman Boyd moved to direct staff to provide zero subsidy for street sweeping services and to provide a level of street sweeping services to match the fees collected. Councilman Yost noted that of twenty-five cities in Orange County only five, Seal Beach included, have a subsidy or assessment on their water bill for street sweeping and tree trimming, twenty-two cities fund that in other ways, out of General Fund or Gas Tax monies, Seal Beach is in a minority with assessments, he does not feel that when the voters voted the measures down that they wanted a decrease in the level of service which is what will happen if the motion is approved, he disagreed with the motion as the four out of ten people who voted for the increase should not be punished for as poorly as the measure was written and the poor effort of the Council to support the approval, people want a nice place to live, he did not feel that was the message being sent by the initiative being voted down, when something is voted down one should ask why, talk to people about it, and look at how to do it better the next time, because it is likely it will need to be addressed again. Councilman Yost was critical of the report from staff stating it is an assault on the quality of life, that this community is replete with examples of citizen committees that have benefited this town, an example is when the County cut library hours whereupon the citizens banded together to raise money to keep the library open, the power lines came down with a citizens committee, the First Street rigging area, the 5 and 10K race, the Exxon/Mobil property, all of which were citizen advisory or driven committees. Again, he could not support the motion. Councilmember Campbell noted the statement that other cities absorb the subsidy, that is because, as Councilman Yost himself has said, Seal Beach is the fourth from the lowest in terms of retail behind Laguna Woods, Villa Park, La Palma then Seal Beach, the other three have less retail than this City. Councilman Boyd mentioned too that they have a growth in property tax where in Seal Beach approximately thirty-one percent of its properties are pre-proposition 13 owned, so for a third of the properties the City does not realize a growth in property tax revenue, in comparison to Lake Forest Seal Beach property tax growth was about 4.7 percent where they had a 41 percent growth in the past eighteen months. He said there is going to have to be some tough choices, and knowing that ,Councilman Yost disagrees with this issue, what does the City change in its program of service to be able to meet the needs of the Community as well as balance the fiscal picture, he had campaigned on the quality of life, that is why he put such an effort into improving the infrastructure, the question is if there is not enough money does the Council want to continue to subsidize these services, and where does the money come from, he mentioned too that the prior Interim Manager made some points clear, that the problem was not with expenditures rather a revenue problem, his direction was that new revenue needed to be found, the discussion now is about cutting revenue and enhancing services, contrary to public opinion there are not hundreds of City employees where the fact is that there has been a reduction of about six or seven in the past three years along with vacant positions that are not being filled, there are about ninety-one employees for a city of this size, other cities of similar size have double that number, Seal Beach has a very lean budget, the City can not continue to deliver everything that is wanted, things must be prioritized to pick and choose. Councilman Larson I I I 12-10-01 I noted that there are many people who have disappeared from public life trying to figure out why people voted the way they did, in this case the people had the right to vote, there was a good turnout, they voted the measures down, their right, that is democracy, bottom line the voters said no. When he joined the Council he was unaware of the reason for the lack of communication between the Tree Committee and the public, there were hard feelings, it is believed there was an assumption by the Committee that they had more power than they did, there was a feeling on the part of staff that they were City trees, under the jurisdiction of the City, the City pays damages when there is a defective or dangerous condition, somehow those sides did not meet, then it feel into what seems to be endemic to Seal Beach where there is conflict rather than discussion and reasoning. Councilman Larson noted the comment to put the measures back on the ballot and people will vote for them, he would personally not support doing so, if the people want it they can pursue an initiative to put them on the ballot, that removes the blame of the Council, if the Tree Committee wants to do that more power to them. He stated he agrees with the recommendations set forth by the City Manager with one exception, that the Tree Committee be retained in the hope that a compromise will prevail. Councilman Yost stated he has had considerable input with the Tree Committee, they have actually helped him, when there is a tree issue in his district he calls the Tree Committee, then they contact the resident and help work things out, people like those on the Committee who have a passion for something should be celebrated which makes the community a better place to live, not to mention their efforts towards writing grants that brings money to the City. Councilman Larson pointed out that too is a problem in that the Committee may bring grant monies into the City but they then want the say as to how it is spent, the City in turn looks at it as being City money received in the name of the City more or less. I I Mayor Doane mentioned having reviewed the minutes of some months back when the Committee approached the Council seeking more authority, there seemed to be an impasse between the Committee and Parks and Recreation, the solution was that any final decision is left to the City Manager. Mayor Doane suggested that each of the staff recommendations be voted upon separately. Councilman Yost asked that they be read in full as well. Councilman Boyd noted that his motion was just that, and to the comment of Councilman Yost that the recommended action is an assault on the quality of life, he read excepts from the staff memorandum that "...the results of the election were clear.....the City of Seal Beach has recently contracted out street sweeping services to eliminate the $46,000 and is providing the service within the existing fees collected...street sweeping will occur as before the election on a twice a month schedule...at this time no adjustment is needed." Councilman Yost read further that "...in future years the existing fees will not cover the expenses...in order to address that eventuality staff requests Council adopt a policy that street sweeping services be reduced as necessary to meet the revenue collected from the existing fees...may eventually require moving to monthly street sweeping." Councilman Boyd pointed out however that the Council is not adopting a policy, the motion is to continue services as delivered, there is no reduction of service yet a savings of $46,000 by contracting. The issue, said Councilman Yost, is if the recommendations contained in the staff report are approved there will be monthly street 12-10-01 sweeping and garbage on the streets and he would not vote for that, to that Councilman Boyd said he would believe that would come back to the Council during a budget cycle, the Council at that time would have the ability to direct that sweeping be retained as every other week rather than monthly and subsidize the sweeping as deemed necessary, and to that Councilman Yost stated upon reading the motion the City would reduce the service automatically. To the question if this would automatically reduce the services, the City Manager responded it would not, the intent is that the fees match the revenues, if they do not then it must come back, the mechanism to do that is the contract as it will prevail, if the contract increases by whatever means the matter must be brought back to Council with the fiscal impact of subsidizing. Councilman Yost asked how that could be with the recommendation proposed where the service must match the revenues received from the existing fees, to that Councilman Boyd explained that is because the service has already been contracted, with the Manager adding that each year the contract could be bid, the bidders then may lower the cost if they want the contract, their prices may drop, etc., that is a positive about competitive bidding. To the question as to whether gas tax could be used for street sweeping and/or tree trimming, the response of the Manager was affirmative noting however that there is a finite pie of money, it, could mean less paving, less Public Works staff, to that Councilman Yost mentioned again that other cities, except for five, find other ways of paying for street sweeping and tree trimming and that he was unwilling to be in the minority and decrease street sweeping services, in response, Councilmember Campbell again reminded that those cities have retail sales tax. Councilman Larson stated that at some point he wants the Council to recognize that for forty percent of this City, Leisure World, the City does not sweep their streets or trim their trees, the City does not provide a swimming pool, they have their own, when the County went broke Leisure World bought its library, they have their own clubhouses, and they get no money from the City, there is a small part of his district that has potholes therefore he would not want all of the General Fund money going to tree trimming that benefits only a small part with no potholes being repaired, he had a petition containing two hundred signatures that wanted them fixed, it is understood too that their park equipment is in violation of the law and needs to be replaced, he does not want his district to be the last to get things fixed, General Fund subsidies are meaningful to the residents of Leisure World, this may need to be pointed out again, Leisure World gets nothing from their taxes except for good Police and Fire Departments. To that Councilman Yost countered that ninety percent of the public safety services are utilized by Leisure World, the most expensive of the services as well. I I Councilman Boyd moved to direct staff to provide no subsidy to maintain street sweeping services and to provide a level of street sweeping services that matches the revenues received from the existing fees collected for the balance of this fiscal year, and should any reduction of services be necessary that it be brought back to Council for further discussion and/or direction, the Council could then determine whether or not to subsidize the service. Councilman Larson seconded the motion. I AYES: NOES: Boyd, Campbell, Doane, Larson Yost Motion carried , . I I I l2-10-01 Councilman Boyd clarified that this does not revise the street sweeping schedule in any way yet saves $46,000. Councilman Yost did agree that by contracting there is a cost saving as well as a better street sweeper. with regard to the Tree Committee, Mayor Doane expressed his view that it should be retained but unfunded as it is now, his reason is that the Trees For Seal Beach group is seeking grants and a requirement is that there be a citizens committee, again referred to the Council action in May giving the City Manager the right of approval to make certain the committee functions properly. Councilman Yost again spoke in support of the Tree Committee, Seal Beach is what it is because of people with a passion, a wonderful place to live. Councilman Yost moved to support the Tree Committee as it now functions within the City. It was pointed out that a motion was not necessary in that the recommended action to rescind Resolution Number 4500 is not the desire of the Council, rather that the Committee continue as it exists presently and be unfunded. Councilman Boyd read the third recommendation that staff be directed to halt the current practice of exhausting all feasible effort to save trees in the community. This includes obtaining arborist reports, grinding, patching and root pruning to save trees in the public right of way, these efforts are expensive and are clearly not what the majority of voters desired. To that he offered that efforts be in line with whatever is feasible within the budget, and asked if that is current practice. The City Manager responded that sometimes arborist reports are sought, sidewalks ground three or four times, rather than that maybe grind once but not go through all of the other efforts, it is believed that the problem on Main Street can be resolved through paver projects. Councilman Boyd noted the last three recommendations relating to future tree installations, adjustment of the tree trimming schedule from three to five years, and modification of the Street Tree POlicy, and inquired if those are all within the purview of the City Manager. Councilman Yost read in full recommendation three with regard to exhausting all feasible efforts to save trees, to which he said in other words Main Street and the urban forest that is seen would cease to exist, removed rather than trying to find ways to save them. Councilman Boyd stated he thought he had heard that pavers were being installed to maintain the Main Street ficus trees, thought needs to be given as to whether every feasible effort is going to be exhausted to save every tree or do what can reasonably be done within the budget, this is something to eliminate the trip and fall hazards, replacing concrete with pavers, could other things be done, likely so, yet it has been done in front of the bank building twice to save two ficus trees, at the other end of the 200 block of Main two trees were removed and replaced with three, pavers and grates installed, as well as curb and gutter, that was with the support of the Tree Committee, and to that asked if that was the direction staff would like to follow. The Manager explained that the desire is to not go through annual grindings of the same location, at some point cost needs to be looked at, question of that was that the grindings are where there is still a rise where the tree exists so it would be more cost effective to remove the concrete and replace it with pavers, the response was to remove tree and replace with 12-10-01 another, there is just not the money, reminding that the Council just directed that a three to five percent cut of the utility users tax be initiated, this is a simple mathematical equation. Councilman Yost again read recommendation number three 'to halt all feasible efforts to save trees in the community...' councilmember Campbell proposed realization as to how the voters voted, the response of Councilman Yost was that four out of ten voted to not do this, what about that forty percent, people did not vote to cut down trees with a chainsaw, there were a number of reasons to vote no none the least being the way it was present the numbers relating to the ballot initiative did not make sense, the Council did not do a good job of selling and publicizing the measures, the Council should look to itself and not punish the rest of the community as a result of the failure of the Council. Councilman Larson reminded that the Council is constrained by law from advocating voting for or against propositions, the Council walks a very fine line, it is the people that must support it. Councilman Yost continued, asking if there was satisfaction with how the measures were written in terms of the numbers and how it was explained to the community. Councilmember Campbell noted that during Council Comments the Councilmembers spoke to the measures, there were newspaper articles, there was a letter with an explanation, the question is how much of that did the people read, you can not make people read the information, after the election she went through the measures point by point, then after the fact there were phone calls asking why information was not in the newspapers, why the Council did not advocate the vote, could it be placed on the ballot again, now the voters are realizing what the measures were about, her feeling is that people took the opportunity to vote against a tax issue, yet the Council was merely trying to free some General Fund money to accomplish other things like fixing streets. Councilman Larson stated there is no way to figure why the people voted yes or no, most of the people he listened to did not like the utility tax. Councilman Yost said that is the job of the Council to listen to the people, find out why, the Council represents the people, the reason he put the utility tax issue on the agenda is because when he was walking the district he talked to the people, he feels it is necessary to help the people in what they desire for their community. Councilmember Campbell offered that given the numbers possibly it is a wakeup call for the Council and the residents when they see the changes that are made, yet there are deficiencies in revenues, money can not be spent in the way it would be liked, the City Manager has proposed that the City spend only what it collects, the cities that subsidize the service have considerably more retail, Los Alamitos is half the size of Seal Beach yet have far more retail thus sales tax than Seal Beach, Councilman Yost wants to look out for the forty percent of voters but this is a democracy, it is necessary to listen to the sixty percent that voted against the measures, the majority. Councilman Yost countered that the actual vote was to not increase the fees close to four hundred percent to trim trees, that is what the measure was, the vote was not to now turn around and decide that we are not only not going to increase fees but to halt the current practice with the current level of, funding but pull back and not make an effort to save trees, get an arborist report or anything, just cut them down, he can not agree to that. Mayor Doane asked if it would be acceptable to change the word 'halt' to 'reduce.' Councilman Yost responded that there is the same level of funding now that there was prior to the measure failing, he was not about to I I I 12-10-01 I decrease efforts at this point because a decrease in revenues has not been seen, he will not go backwards in the effort to save the urban forest, an increase has not been seen nor has a decrease been seen, ,rather there is an increase in revenues in an amount of $750,000 from the Bixby project, yet the talk is to decrease the level of service and punish the community. Councilman Larson pointed out that for every vote there is a consequence, if they vote no on taxes there will be some result, that is a fact. Councilman Larson stated he was not willing to adopt any of the proposals because the decisions will be made when the budget is adopted, at that time all of the figures will be before the Council in accordance with the previously approved motion, and moved that the balance of the recommendations, numbers three through six, be tabled until then. Councilman Boyd seconded the motion. Councilman Boyd noted hearing that the measure was poorly written, members of the audience have made issues, the ballot measures were before the Council, any member of the Council could have suggested amendments at that time. The City Attorney advised that with a motion to table there is no debate. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I AMPCO PARKING CONTRACT - RENEWAL / MANAGEMENT / FEES The Director of Administrative Services made reference to the Council direction to staff to provide additional information relating to the fee structure for the beach parking lots, the staff report sets forth how the fees are currently structured based on the Comprehensive Fee Resolution for fiscal year 2001/2002 which gives some flexibility as to what the City can charge yet not exceed the maximum amount for automobiles of $6 per day and vehicles over twenty-five feet $20 per day, for the current winter season the hourly rate for up to two hours between 10:00 a.m. and 6:00 p.m. is $l.50, patrons parking longer than that pay the maximum of $6, there is an early morning rate between 6:00 a.m. and 10:00 a.m. of $2, and after 6:00 p.m. rate for automobiles and vehicles over twenty-five feet the fee is $2, the early morning and after 6:00 p.m. for automobiles is the same for the summer season. She mentioned that various scenarios were presented relating to charges for parking in the past, considerable information was obtained from the Lifeguard Chief as that Department ran the beach lot operations until the auditors recommended that the City go to automation for safe collection of the fees, the City tried an hourly rate of $1 during the 1997 summer season, after a month it was determined that only half of the revenue was being realized so the maximum rate was reimplemented, there have always been flexible rates during the winter season. The Director pointed out that the second item, separate from the beach parking fees, is the renewal of the AMPCO system with the pay and park machines. I Councilman Boyd mentioned that he had voted against this matter due to the change to the 10th Street lot, and the under the pier passage, not necessarily the AMPCO system, however he did prefer to have a lot attendant, it is likely not the will of the Council to return to that system, so at this point he would support the AMPCO system. To the comments of Councilmember Campbell from the last meeting, utilization of the lot, short term parking for a reduced fee, l2-10-01 and parking for those shopping Main Street, in his opinion people do not and are not going to park in the beach lot to shop Main Street, those lots have a finite amount of utilization, use peaks during the summer months as a result of people parking to use the beach or go to Ruby's, he would guess that the majority of people that go to Ruby's do not use the beach lots, rather they use Main Street, even when it was not $6 a day the people were not using the beach lots, to increase the usage of the beach lots would be directional signage, the rate before lO:OO a.m. and after 6:00 p.m. is $2, those rates could also be adjusted if that were the desire, but that too would likely not increase the utilization. His opinion too is that the current fees for the beach lots are adequate and fair and since it is unlikely that the City would go back to an attendant lot, he again voiced would support for the AMPCO contract renewal. Counci1member Campbell stated that as long as there are no meters on Main Street there will not be an adequate parking system in the City, that does not say she favors meters on Main, yet as long as there is an area where people can park free and there is an area within a block that costs $6 per day, there will not be proper utilization of either area, there will continue to be people who go to the beach and park on Main Street. Councilman Boyd mentioned too that there is a large parking lot next to the Fire Station that is being used for merchant parking, some balanced uses of that lot have been explored such as merchant and public parking and City use, however there has never been a consensus for that, that would provide a great opportunity for public parking for people to shop on Main Street. His feeling is that a decision needs to be made on the AMPCO contract, if not then something else will need to be done. I I Boyd moved, second by Yost, to renew the AMPCO System Parking Inc. contract for a term of one year with the option to extend two years and authorize the City Manager to execute the agreement on behalf of the City. Councilman Yost said while he moves about the community and frequents certain businesses he will inquire as to where the business people park and the response is generally in front of the business, Main Street, they are often taken back when he inquires if that is legal, the merchants need to know that they are actually hurting their business if their customers have no parking. To him the AMPCO system has worked fairly well in the First Street lot, if the machines are upgraded to where they are reasonably functioning with the credit card and bill readers the system works well. Councilmember Campbell said she would vote in favor pending finding a better method, this will do in the interim. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried It is noted that there was no change to the current beach rates approved through the Comprehensive Fee Resolution. I CITY ATTORNEY REPORT There was no report presented. CITY MANAGER REPORT Along with the number of comments at this meeting relating to the sharing of information, the Manager noted that he and City staff will be holding three townhall meetings for that purpose, January 9th from 6:00 p.m. until 7:30 p.m. at 12-10-01 McGaugh School, January 10th at Leisure World Clubhouse One from 10:00 a.m. until 11:30 a.m. and at the North Seal Beach Community Center from 6:00 p.m. until 7:30 p.m., topics to include the City, different things that are taking place, upcoming projects, and any other topic of interest. I COUNCIL COMMENTS Councilmember Campbell expressed appreciation to all who helped with the Holiday at Heather Park, Santa, City staff, the Girl Scouts, the antique fire truck, etc. She also announced that this upcoming Friday and Saturday evenings the CPE Neighborhood Association will be conducting the hOliday lights contest throughout College Park East, the winner to receive a recognition sign and a gift certificate to a local restaurant. With regard to Hellman development Councilman Yost stated it appears it will be before the wildlife Conservation Board in February, the specific date not yet known, a concerted effort will be needed, it is important to get the Hellman wetlands and lowlands to the wildlife Conservation Board then work on having them restored and attached to the Bixby and Bryant wetlands just to the north as part of the Cerritos Wetlands complex. As to Boeing Councilman Yost mentioned that they have pulled back and are reassessing their plans, it is understood the parent company has said they will need buildings that were not thought would be needed, when more information is known it will be passed along as he believes strongly in citizen participation. Councilman Yost stated also that he decided to run for his Council seat once again and has filed his papers, the decision somewhat difficult as he does a number of other things. Councilman Boyd invited anyone wishing to receive his newsletter to contact him, he will provide updates as to his Council campaign, and wished all a happy holiday season. Councilman Larson commended the Christmas Parade which he proclaimed as wonderful, a credit to the kind of life there is in Seal Beach, and expressed thanks to the Chamber of Commerce and all who worked. Councilman Larson recalled that when the City approved the Bixby project the people of Rossmoor stated they did not shop in or use the types of stores proposed, therefore at St. Cloud they wanted no one entering their area from the Center driveway, they would not go to the Center from their either, to that he related having been nearly hit three times today, the people do not read the signs, they come straight through on St. Cloud, and upon speaking to the Engineering Department they may install larger signs or adjust the traffic flow lights, suggesting if that does not work maybe a camera at that intersection. Councilman Larson wished all happy holidays. Mayor Doane also mentioned the Holiday Parade, a large turnout given the wonderful weather, the largest of the parades thus far, more of the businesses stayed open, they may be learning that this is an opportunity for the business community as well as the City. He wished all a Merry Christmas. I I ADJOURNMENT It was clarified that the second meeting of December would be canceled and adjourned until Monday, January 14th, 2002 at 6:30 p.m. to meet in Closed Session. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 10:12 p.m. 12-10-01 / 12-24-01 / 1-14-02 Approved: td.~ CJ=(l!J,U~ Attest: I Seal Beach, California December 24, 2001 City Council meeting scheduled for this date was action of e Council on November 13th, 2001. clerk Seal Beach, California January 14, 2002 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Doane calling the meeting to order. I ROLL CALL Present: Mayor Doane Councilmembers Boyd, Campbell, Larson Absent: Councilmember Yost Councilmember Yost was present in the Conference Room awaiting the Closed Session. Also Present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk The City Attorney offered that this would be the opportunity for members of the public to speak to items identified on the agenda. No public comments were made. CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the agenda pursuant to the Brown Act, a public employee performance evaluation, the City Manager, pursuant to Government Code Section 54957, to confer with legal counsel with regard to one case of anticipated litigation pursuant to Government Code Section 55956.9(b), and two cases of existing litigation pursuant to Government Code Section 54956.9(a) Stinson versus City of Seal Beach and wiles versus City of Seal Beach. The City Council reconvened at 7:30 p.m. with Mayor Doane calling the meeting to order. The City Attorney reported that the' I