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HomeMy WebLinkAboutCC Min 2000-05-22 5-16-00 / 5-18-00 / 5-22-00 I Ms. Corbin was advised that the settlement is a public record and speaks for itself. Councilman Yost questioned if the settlement did not require that people refrain from comment other than the official comment from the city, the response was that that is the memory. Mayor Campbell thanked all in attendance, welcomed Mr. Larson, wished Mr. Snow good fishing, good luck to Dr. Yost and Mr. Doane, and best wishes to Mr. Boyd as Mayor ProTem. There being no further comments, Mayor Campbell declared Public Comments closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Thursday, May 18th, should three or more members of the Council attend, for a public workshop relating to the proposed sewer charge. The meeting was adjourned at 7:55 p.m. clerk Approved: .p~1~ Attest: I Seal Beach, California May 18, 2000 The regular adjourned meeting scheduled for Thursday, May 18th, 2000 at 7:00 p.m. to hold a public workshop relating to the proposed sewer capital charge was canceled due to lack of qu e M. Yeo, City of Seal Beach I Seal Beach, California May 22, 2000 The City Council of the City of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Campbell calling the meeting to order. ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost 5-22-00 Absent: None Also present: Mr. Barrow, City Attorney Ms. Yeo, City Clerk CLOSED SESSION The City Attorney announced that the audience may comment on any item listed on the agenda. He announced also that the Council would meet in Closed Session to discuss the items identified on the agenda, a conference with the City's real property negotiator pursuant to Government Code Section 54956.8, Ruby's Restaurant, a conference with legal counsel with regard to existing litigation pursuant to Government Code Section 54956.9(a), DFEH versus City of Seal Beach, Workers Compensation claims status, City of Los Alamitos er al versus City of Seal Beach, and Stinson versus City of Seal Beach, and pursuant to Government Code Section 54956.9(b), one potential case of exposure to litigation. By unanimous consent, the Council adjourned to Closed Session at 6:03 p.m. and reconvened at 7:03 p.m. with Mayor Campbell calling the meeting to order. The City Attorney reported the City Council had discussed the items identified on the agenda, the Council gave direction with regard to Ruby's Restaurant, DFEH versus City, Workers Compensation claims, and Stinson versus City, no other action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:04 p.m. I Attest: YJti1J;1~ Approved: Seal Beach, California May 22, 2000 The City Council of the City of Seal Beach met in regular session at 7:09 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost Absent: None 5-22-00 I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Captain Schaefer, Police Department Ms. Beard, Director of Recreation and Parks Chief Cushman, Lifeguard Department Lt. Pounds, Lifeguard Department Ms. King, Director of Administrative Services Mr. Dorsey, Assistant to the City Manager Ms. Yeo, City Clerk APPROVAL OF AGENDA Mayor Campbell requested that the SANE awards be moved forward as the first presentation, and a member of the audience requested to speak to Item "U". Boyd moved, second by Doane, to approve the order of the agenda as revised. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I ANNOUNCEMENTS Councilman Yost announced that he will be holding a town hall meeting the following evening at the Mary Wilson Library Senior Center at 7:30 p.m., and on Thursday he will be speaking to the Historical Society with regard to the Department of Water and Power property, that at the Mary Wilson Senior Center at 7:30 p.m. as well. Mayor Campbell announced that census takers are visiting the homes of those who did not return their census forms, asked that residents welcome and cooperate with them as the census is very important to the City. Councilman Boyd said he believed there was confusion with regard to the presentation item!?, it was thought that the SANE awards would be before public comments. Boyd moved second by Campbell, to reconsider the order of the agenda to accommodate the SANE awards at this time. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I SANE AWARDS Chief Sellers explained that throughout the years the City has provided the SANE drug education program within the school system for 4th and 5th grade students and each year the students are invited to prepare an essay based upon what they have learned and what the drug education program has done for them, the essays are reviewed by the Department's administrative staff and then two winners are selected. Officer Paap expressed appreciation to the Seal Beach Womens Club for making available the awards, two tickets to Disneyland or another amusement park in California. He mentioned too how difficult it is to choose the winners in that there are so many essays and all are so good. Officer Paap invited Jennifer Fanelli and Patrick Tekeshita to the microphone where each read their 'What SANE Means To Me' essay. Officer Paap commended the effort that the youngsters had put into their essays, and recognized Principal Judy Smith and students in attendance. The Chief presented both 5-22-00 with tickets to Knotts Berry Farm. Officer Paap was commended for his efforts with the SANE program. PUBLIC COMMENTS Mayor Campbell declared Public Comments open. Ms. Julie Walker, Nextel Communications, Irvine, mentioned that Nextel has been trying to work with the City since late 1999 to locate two cellular sites on City property, one location at City Hall, the other at Seal Beach Boulevard and the 405, at that location the AT&T lease could be amended to.co-Iocate on their tower, additional ground space would mean payment of added revenue. She stated that there are a number of Nextel customers in Seal Beach that utilize their services yet they are experiencing phone problems as a result of local antennas. Ms. Walker said City staff has not been willing to work with Nextel and has been ambivalent to the revenue this would generate, at some point she may need to come to the City for a height variance if a location is anywhere near City Hall or at the Seal Beach Boulevard location. Ms. Walker said the purpose of this is to provide phone service for their customers and generate revenue to the City. She provided business cards for distribution. Mr. Reg Clewley, Seal Beach, stated there has been no move to remove the damaged sidewalk in the 700 block of Catalina Avenue, citing it as dangerous and potential liability. Mr. Clewley claimed there is illegal dumping on the Hellman Ranch, the intention of the City to declare the Hellman property void of wetlands is known thus ignores the dumping, he has photos of the increased pile behind his house, this has been going on for about thirty-five years, and he wants it stopped. Mr. Clewley said there is no signage in Gum Grove park relating to dogs on leash, there will be no enforcement without signs, there needs to be signs showing that loose animals are not allowed in the Park, that could be a problem when the City gets to Coastal Commission. Mr. Clewley mentioned an attempt to receive and file a staff memorandum relating to the Hellman property, increasing the size of the residential area and Gum Grove Park, Council should scrutinize this memorandum. With regard to the dogs on-leash ordinance, Councilman Boyd clarified that an ordinance has first and second reading and does not go into effect for thirty days. Mr. Lou Eversmeyer, Brookline Drive, said his comments were directed to the lack of attention to the rabbit issue, there are five mutuals that voted for control of rabbits, a meeting was requested with the Police Chief and City Manager, with the pest control company present, management was not allowed to attend, and to his knowledge the Police Chief has not as yet talked to the licensed pest control experts, they have years of experience, have successfully performed this service in several Orange County communities with zero incidents, no record of someone being killed by a pellet gun, therefore the hazard is non-existent. Mr. Eversmeyer claimed that the Chief did not know the velocity or range of the pellet gun, it is understood his opinion was based on that of his staff, the Manager did not attend the meeting, there is yet to be a meeting of the five presidents and the Manager, except the Chief who just continues to say no based on his concern for safety, it is his understanding that the Chief has the power to waive the requirements for this pest control, he does not want to do that, understood also that the City Attorney has said this can be argued for or against, it was felt that at least one other member of the Council would go along with those from Leisure World in support of this effort. Mr. Eversmeyer made the statement that wild rabbits are not domestic bunnies, tomorrow he will bring to the Council and I I I 5-22-00 I Manager communications from allover the States that supports the use of repellents, they suggest building a fence but there is already a wall and the rabbits can not get out nor can anything get in to attack them, this has been researched for six to seven months, there is a statement from the California Extermination Service that the only way to get rid of rabbits is either by shooting or dogs, they can not trap and transport, only a limited number could be relocated, there are about four thousand rabbits to get rid of given the population of up to fifty-five hundred rabbits. He mentioned the rabbit feces, the damage that has been done, the people of Leisure World are not senile, there are seven thousand or more votes, and people are not going to just let this go, stated he represents five presidents and others who want to take action, just waiting to see if the City will recognize the necessity to do something other than just say no, and at least meet with the pest control expert. Mr. Larry Horowitz, 12th Street, stated he runs a research company, he uses Nextel, and spoke in support of the request of Nextel for antennas. Ms. Sue Corbin, Seal Beach, made the statement that rabbit feces are good for the garden, and how can there be support or concern for the speaker who wants to kill rabbits in a merciless way, and that the people of Leisure World did not show concern for the Bixby problem. Ms. Corbin agreed that the sewers are in disrepair, money was raised about ten years ago for sewers and spent, good sewers are now needed for the new developments, twice money was raised for alleys then spent for something else, there is no guarantee this new funding proposal will end up for sewers either. Ms. Margie DelDero, Leisure World, said she loves all of the bunnies and squirrels and other animals, yet she is practical, the rabbit problem would be taken care of if there were natural predators around, while she would not want to be rid of them totally, but there is considerable feces around, they do have fleas, thus a concern that there could be a health problem. Ms. DelDero said there needs to be a more humane way, her preference would be natural predators, there is need for someone who understands. With regard to the sewer issue, Mr. Ken Unrath, College Park East, noted the workshop hosted by Mayor Campbell and Councilman Boyd this past week, he attended and came away with a much greater understanding of what is being done and why, what he did not like is that the workshop was held too late, it should have been done up front, he did not like getting something in the mail that just said there will be a sewer rate increase, and in the future if a major capital improvement is to be done and rates increased, let the people know before they get a notice in the mail. There being no further comments, Mayor Campbell declared Public Comments to be closed. I PRESENTATIONS I RESOLUTION NUMBER 4794 - ACCOMPLISHMENTS - PICKENS FUEL CORPORATION Mayor Campbell read in full Resolution Number 4794 entitled "A RESOLUTION 'OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH RECOGNIZING THE ACCOMPLISHMENTS OF PICKENS FUEL CORPORATION", this corporation the nation's largest private supplier of natural gas as vehicle fuel, honored on Earth Day by the U. S. Environmental Protection Agency for reducing vehicle air emissions and improving the environment. Councilman Yost noted that the City has used pickens for its alternative fuel vehicles quite extensively however the Naval Weapons Station has not done so as much and it would be desirable if the Station would use compressed natural gas as much as possible 5-22-00 for their fleet. A representative of pickens accepted the Resolution with appreciation, stated that the public/private partnership that they have with Seal Beach is one they are replicating in other cities and are proud of that, and confirmed that the Weapons Station has a number of natural gas vehicles yet they have not been willing to use the fuel. Boyd moved, second by Doane, to adopt Resolution Number 4794 as presented. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried PROCLAMATION - BEACH SAFETY WEEK Mayor Campbell read in full the proclamation of "National Beach Safety Week" from May 22nd through May 29th, 2000. Larson moved, second by Doane, to so proclaim. The Proclamation was accepted by Chief Cushman and Lieutenant Pounds. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried PROCLAMATION - DROWNING PREVENTION & AWARENESS MONTH Mayor Campbell read in full the proclamation for June, 2000 as "Drowning Prevention & Awareness Month." Chief Cushman mentioned that preparation for the summer season is starting now, they are working with the schools and the children talking about swimming pool and ocean safety, the junior lifeguard program, etc. Yost moved, second by Larson, to approve the Drowning Prevention and Awareness Month Proclamation. AYES: NOES: Boyd, Campbell, Doane" Larson, Yost None Motion carried I STATUS REPORT - SHORE SHOP PROPERTY/DEVELOPMENT Mr. Mario Rossi expressed appreciation for, the opportunity to explain the status of the Shore Shop property. He said some fourteen months ago they received Coastal Commission approval to rezone from commercial to residential, two weeks before Avalon Homes was to take possession and close escrow on the property it was discovered that there was contamination, they have since been trying to resolve that problem as aggressively as possible, and apologized for the appearance of the vacant building and property. On behalf of the Musso family, Mr. Les Nederveld mentioned that in talking with Councilman Boyd it was suggested that the Council be given an update as to the status of their property. He said as mentioned, gasoline was discovered about fourteen months ago on the Shore Village property, through lab results it was determined that this is a difficult contamination to work, benzene in the soil which is a carcinogenic, and although not scientists they have learned much about environmental law over the past year. In dealing with the California Regional Water Quality Control Board it is felt that in future meetings it is important for a representative of the City to be there with them, they have gone through the initial stages, have had testing done, this is something that effects the gateway to Seal Beach, the desire is to get this done as quickly as possible, it is felt the City would like to move forward with improvements to Seal Beach Boulevard, their desire is to finish what was started, and the more pressure that can be brought to bear the more helpful it will be. Mr. Nederveld said the information provided at this meeting is based on extensive research, they have gone back on title on I 5-22-00 I the Shore Village and the corner properties, back one hundred years to 1900, they have assembled all of the operations that have been on both of the properties, and there is confidence in the material they have because most of it is recorded information. Mr. Nederveld showed an aerial photo where it can be seen that on the corner property there was a gasoline station with its pumps, next door is a two story building with restaurant use, the second floor use unknown, to the rear of the corner property was a repair garage, in the shadows was a structure, to the rear of the Shore Village property there was a vacant area that is now occupied by a two story building built in 1979, and the remnants of the old motel that was standing when they reconfigured in 1979, the old motel was built in 1933, it remained as such until the 1950's when additional duplexes were built to the front of the motel, in 1973 Mrs. Musso and her husband purchased the property, the duplexes where developed into the Shore Shop and the balance of the property was built into other retail uses, then with the help of the City they went through the process of rezoning for commercial use, the contamination then discovered last April. with regard to the corner property, from 1924 through 1989 it was under the same ownership, Bessie Clanton, in 1989 the estate sold to Dr. vogler, from 1927 to 1964 the property was operated as a service station, in 1927 Unocal installed two five hundred fifty gallon, twelve gauge underground tanks of which they have on record from a mortgage instrument, in 1938 Gilmore oil installed eight more tanks, the same type and capacity, the property was operated by Gilmore, bought out by Mobil Oil, until 1961 when it was taken over by Tidewater Oil, which is now Texaco and was run under Flying A until 1964. In 1964 the property was closed down as a service station operation and unfortunately, based upon what has been found thus far, it appears that the tanks were not removed from the property, not only were they not removed but the two tanks that they have recently removed actually had fuel in them from forty years ago, in 1965 the City issued a permit for demolition of those corner property buildings yet there was no mention on the permit of tanks by the people doing the demolition, so it is not known if any of the tanks were removed or if there are still eight tanks in the ground, the other two were removed last February, they are going through a search program now for the remaining tanks. In 1966 Dr. Vogler built the improvements that are seen today, the liquor and bait stores, again, it is not known if the tanks were removed or if the building is sitting atop tanks. Mr. Nederveld said they filed with the California Regional Water Quality Control Board in July of last year, that is a requirement of law to file within ninety days of discovery, they also put on notice all past operations on the property, including Mobil, Unocal and Texaco, which bought out Tidewater, and it was necessary to notify the current property owner as the responsible party. He mentioned that they have been working with the Regional Board, they have been excellent, once they heard of the benzene and TPH that was found in the initial sampling that got their attention, however the Board is so backed up with cases, eighteen hundred cases with staff for three hundred, it was first said their attention would not be obtained for two to three years, but once they saw the readings their attention was attained. Mr. Nederveld made reference to an informational packet provided the Council, pointed out a planter area from which soil samples were taken that appeared to be full of gasoline, five borings were then done on the property, the boring near the planter contained TPH, total petroleum hydrocarbons, was I I 5-22-00 30,015 parts per billion, of more importance the parts of benzene, a component of gasoline, was 631 parts per billion, to which he said as a benchmark 1 part per billion in drinking water is considered to be a critical level, above that can be considered to be a carcinogenic, then a boring to the east of the planter there was 2,855 parts per billion of benzene, that is 2,855 times the critical level of benzene in drinking water, the contamination seems to lighten as one goes towards Landing Avenue, the tests made them look to the corner property not knowing that it had ever been a gas station use until a CalTrans map,was discovered that indicated that there were gasoline filler boxes on Pacific Coast Highway. With reference to the Environ Project Update, Mr. Nederveld stated that prior to the April meeting with the California Environmental Water Quality Control Board thirteen soil borings had been completed on the property and eight permanent monitoring wells were installed, three wells are on Shore Village property, two carry high readings, to the south of the property by about one hundred feet there is basically a non-detect level, the intent is to identify where on the property the plume is and how far it extends, based on the research thus far it appears that the gradient flow of underground water is out of the corner property towards the ocean and picking up fifty feet of the Shore Village property. Mr. Nederveld then made reference to the First Phase of the Site Work, noted two underground storage tanks removed in January, the fumes were unbelievably strong, those removing the tanks wore makes, the backhoe accidentally hit the side of one and caused a release, reference to the First Phase Results, soil samples and borings in the First Phase there were heavy levels of TVH, total volatile hydrocarbons, BTEX, benzine, were found, acetone, which is a type of cleaner that is considered to be worse in soil than gasoline, was found in one sample which peaked the interest of the Board, the Second Phase, ordered by the Regional Board, required drilling through the floors inside the liquor store, no tanks were encountered, the soil however was very contaminated and the fumes filled both the liquor and bait stores, at that time five additional monitoring wells were installed, there has been no MTBE showing in the samples, MTBE incorporated into gasoline about three to four years ago, that shows that this is old gasoline, at this point it is fairly well documented that the source is the corner property. Councilman Boyd said hi~ understanding is that the Regional Water Quality Control Board has identified this site as significant, according to correspondence it appears they are looking to the property owner, and suggested that the City provide support of the Musso family at the next Board meeting on the 31st through the Director of Development Services and possibly himself, in conversations with Board representatives of this area it has been confirmed that this issue has been given priority. Mr. Nederveld offered that the good news is that they are moving forward, their environmental attorney and consultant have said they have never seen an issue move forward so quickly, this has been relentless but that has resulted in progress, and to have representatives of the City present would be extremely helpful, as long as there is total cooperation, as was stated in the letter to the City Attorney, the clean up could be done in as short time as two years even though that may be optimistic. He noted it is not advisable, without considerable precautions, for anyone to do any type of street work that involves digging in the vicinity, including Southern California Edison, because the soil is highly volatile, with lack of cooperation by the adjacent property I I I 5-22-00 I owners and possibly the oil companies the time frame is unknown, yet it must be cleaned up. Mr. Nederveld said the last thing done on the property was last week with the drilling of thirty holes in the floors of the bait and liquor stores, with that amount of borings it was anticipated that tanks might be hit because it is known that ten tanks were installed, an additional tank was discovered in the parking lot through a geophysical survey, that can not be used inside of the buildings, that tank may be dug up which may lead to others, yet there is the question, after drilling all of those holes, as to where the other tanks are, do they have fuel in them, were they removed by Vogler when the building was built in 1966, or is it possible to go through a cleanup effort and then have a tank under buildings that may start to leak some twenty years from now, there is always that shadow of doubt and concern, at this point the answer is unknown. Councilman Boyd assured that the City would lend its support at the Water Quality Board meeting on the 31st, and in any other way possible. Ms. Seretta Fielding, Seal Beach Boulevard, said this contamination would be at tide level, inquired as to where the contamination is going when the tide comes in and out, to the beach, the bay, suggesting that this needs to be looked at quickly, this is not the fault of anyone, it is something that happened over time, things were built with permits, but that does not excuse this from being addressed now. Mayor Campbell too mentioned the seriousness of this, wondering how many other similar situations exist just in Southern California. There was an assurance again that the City would be present at the May 31st Water Board meeting. I RESOLUTION NUMBER 4803 - MAYORAL APPOINTMENTS Boyd moved, second by Larson, to adopt Resolution Number 4803 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CONFIRMING APPOINTMENTS MADE BY THE MAYOR AND COUNCIL OF REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES AND ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS AND REPEALING RESOLUTION NUMBER 4678," amended to reflect the various appointments. By unanimous consent, full reading of Resolution Number 4803 was waived. It was further noted that Councilman Doane is continuing as the Council representative to westComm, that Mayor Campbell and Councilman Boyd are the representative and alternate to the Orange County Regional Airport Authority, and that Mayor Campbell is the League representative to the Airport Land Use Commission. The appointment of a representative and alternate to the Orange County Library Board to be placed on the next agenda. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I RESOLUTION NUMBER 4804 - SIGNATURE AUTHORIZATION Resolution Number 4804 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING AUTHORIZATION TO SIGN DEMANDS AND CHECKS FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE BANK OF AMERICA AND AUTHORIZING ALTERNATE SIGNATURES, AND RESCINDING RESOLUTION NUMBER 4680." By unanimous consent, full reading of Resolution Number 4804 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried 5-22-00 CONSENT CALENDAR - ITEMS "H" thru "P" Doane moved, second by Boyd, to approve the recommended action for items on the Consent Calendar as presented. H. Approved the waiver of reading in full of all ordinances and resolutions and , that consent to the waiver of reading was deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. I I. Approved regular demands numbered 27609 through 27818 in the amount of $987,180.87, payroll demands numbered 7637 through 7778 and 27681 and payroll liability accounts 9000273 through 9000285 in the amount of $230,377.52, and authorized warrants to be drawn on the Treasury for same. J. Adopted Resolution Number 4805 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE CALIFORNIA DEPARTMENT OF CONSERVATION's EFFORT TO PROMOTE BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION." By unanimous consent, full reading of Resolution Number 4805 was waived. K. Adopted Ordinance Number 1461 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING ORDINANCE) OF THE CODE OF THE CITY OF SEAL BEACH, AMENDING SECTION 28-1801, LIMITING THE NUMBER OF ITEMS OF INFORMATION WHICH CAN BE PLACED ON A TEMPORARY BANNER." By unanimous consent, full reading of Ordinance Number 1461 was waived. I L. Adopted Ordinance Number 1462 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING ORDINANCE) OF THE CODE OF THE CITY OF SEAL BEACH AMENDING SECTION 28-506 TO ALLOW 2nd FLOOR DECKS ON THE "A" ROW OF SURFSIDE COLONY TO BE 10 FEET DEEP." By unanimous consent, full reading of Ordinance Number 1462 was waived. M. Received and filed the Building Department Activity Summary for March, 2000. N. Approved a Beach Lifeguard Service Contract between the City of Seal Beach Lifeguard Department and the United States Navy Quality of Life Department to provide summer lifeguard services at the Naval Weapons Station, Barney's Beach, on Saturdays, Sundays, holidays, and for special events, from May 25th through September 10th, 2000. I O. Approved Amendment No. 5 to the Orange County Transportation Authority, Senior Nutrition Transportation Program Agreement No. C-8-0l97, decreasing the annual fee by charging a vehicle service hour rate rather than a per trip charge, 5-22-00 and authorized the City Manager to execute same on behalf of the City. P. Approved the minutes of the regular meeting of April 24th, 2000. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I MARINA DRIVE BRIDGE REPLACEMENT PROJECT - CATEGORICAL EXEMPTION / CONCEPTUAL PLANS The Director of Development Services noted that the staff report provides a background of the Marina Drive Bridge Replacement project. The Director stated that for Council consideration is the categorical exemption, this based upon the determination of the environmental consultant retained by the City for this project, and under the provisions of the California Environmental Quality Act the replacement of the bridge is a statutorily exempt project as it is a replacement of an earthquake damaged public transportation structure, and the ancillary work such as sidewalks, restriping, etc. are also exempt under different provisions of the CEQA guidelines, the attachments to the Notice of Exemption are an overview of the project and the environmental review. He noted that approval will allow submittal of the project to the California Coastal Commission and then complete the National Environmental Policy Act Review which is a requirement since there are federal funds involved as well as State funds, the documents have also been reviewed by the City of Long Beach and they are in concurrence with the documentation. Councilman Yost commended the City Engineer for the efforts towards this project, the bridge going from four to two lanes, a bicycle path going both directions, this is something that will best maintain the quality of life and property values in Seal Beach, the City does not want to be the traffic conduit to whatever is developed in Long Beach harbor and they do have plans. To a question of Councilman Larson, Councilman Yost explained that the bridge will be the same size however reduced from four to two lanes, with a bike lane in each direction and sidewalks. Yost moved, second by Boyd, to approve the Notice of Exemption and conceptual plan for the Marina Drive Replacement Project. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I BIXBY OLD RANCH TOWNE CENTER PROJECT - OUITCLAIM DEEDS - AREA B The Director of Development Services explained that the quitclaim deeds relate to easements that proceeded to the City at the time of realignment of the 405 Freeway, these' easements were granted to the Santa Fe Springs Waste Water Company by Bixby in the mid-1960's, subsequently the easements were no longer needed and reverted to the City, these are within the area of development at the corner of Lampson and Seal Beach Boulevard where the hotel and senior care facility are proposed, and in order to have a clear title to the property these easements are now proposed to be abandoned. Boyd moved, second by Yost, to approve the subject quitclaim deeds to the Bixby Ranch Company and authorize the City Manager to execute said documents on behalf of the City. Mayor Campbell inquired if Santa Fe Springs Waste Water Company was the predecessor of the Orange County Sanitation 5-22-00 District. The Director advised it was not, it was a private contractor to transport waste water from the Armed Forces Reserve Center, it is understood that the water lines were never actually built. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I ORDINANCE NUMBER 1460 - MONTHLY SEWER CHARGES Ordinance Number 1460 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 19C-3 OF THE CODE OF THE CITY OF SEAL BEACH REGARDING MONTHLY SEWER CHARGES." By unanimous consent, full reading of Ordinance Number 1460 was waived. The City Manager presented the staff report, explained that the reason for this particular issue is that there continues to be breakdowns in the aging sewer system, the sewer enterprise fund has been depleted, the fund meant to cover the operations and capital costs, there have been three successive years of deficit in the sewer enterprise fund, more money going out than coming in, that did impact the bond rating that was pursued with Council several weeks ago, however the rating was high enough due to the City's strategy relating to this matter, the proposed rate increase, and possibly due to the sound strategy in dealing with the problem, the rating was favorable enough to obtain insurance for the issue. He noted that the California Infrastructure Bank was explored that could have offered the City a more attractive package however it was found that the eligibility requirements, even though the program is not yet operative, will be for severely distressed cities, the City did not met that requirement therefore ineligible to take advantage of that program in its current form. The Manager stated that the sewer enterprise fund is a distinct and legal entity with the purpose of being self-sustaining with a specific responsibility for maintenance and operation of the sewer system, co-mingling General Funds with the sewer enterprise fund would be inappropriate, also, there are insufficient General Fund revenues to address the sewer infrastructure problem as it is too big, delayed too long, it would also set a dangerous precedent legally as it is meant to fund public safety, park and sidewalk maintenance, and other government services. He mentioned that the financial picture is foreseen to improve however those revenues in upcoming years have already been tentatively designated for storm drains, water quality projects, streets and alleys, gutters and sidewalks, and upgrades to City owned buildings, if diverted to sewers the funds would not be available for other purposes, also, the intent remains to meet the goals of Council to continue to build reserve funds of adequate monies in the event of an emergency or a downturn of revenue resources or increase of expenditures, the desire is to not draw down on currently existing reserves which is felt would be a risk. The Manager said there is an opportunity to utilize Certificates of Participation which will allow the City to take advantage of a tax exempt financing opportunities that are only available to public entities, interest on the debt is lower than the interest the City earns on its invested funds, so it is felt to be a good strategy for use of public funds. The Manager stated that every reasonable effort was made to inform the citizenry of this issue, all legal requirements were met, despite the effort evidently the public notification did not reach everyone. I I 5-22-89 I Mayor Campbell made reference to the amount of $5.83 that the majority of residents will be charged per month, inquiring if that is a fixed rate or under what criteria would it be changed. The Manager responded that it is a fixed rate for most residential size water mains. Mayor Campbell mentioned the College Park East resident who has concerns with the proposal in that he is a single resident thus does not use the amount of water that a family would, his objection is the flat rate, to that she explained that the City can meter what goes into a house but it can not meter what goes into the sewer, therefore in order to proceed with this a fixed rate needs to be established, if there were a rate used based upon a percentage of the water use and there were a draught where everyone used significantly less amounts of water then there would be inadequate money in the fund to pay the obligation, that is the reason for needing a fixed amount. The Mayor mentioned also that prior to the workshop she and Councilman Boyd held the past week, someone placed a sign over the workshop announcement stating 'illegal tax', that makes a statement that a better effort needs to be made to inform the citizens in the future, there is an obligation to the quality of life, it is necessary that the infrastructure is sound, part of that would be the adequacy and function of the sewer system. She made reference to a requirement of the Installment Sale Agreement for a debt service coverage ratio of 1.25 to 1, requiring the City to collect fees and charges not less than 1.25 times the maximum amount of the annual installment payment, to that she asked what would occur if the monies were to fall below that level. That being agenda Item "V", it was suggested that proposed Ordinance 1460 be considered first, then bond counsel could provide an explanation. I I Councilman Boyd suggested that the public be allowed three minutes each to speak to the sewer rate item, then the Council could take action. Ms. Sue Corbin, Seal Beach, spoke of Leisure World residents needing to pay this tax, they can not be excluded. Councilman Doane responded that the Leisure World area of the community is on a separate sewer system. Mayor Campbell explained further that Leisure World was built just after Rossmoor, at that time there was no other system to serve Leisure World so it was tied into the Rossmoor system, therefore Leisure World and College Park West do not use the City sewer system, if they do not use the system they do not pay the charge. It was clarified too that this is not a tax, it is a capital charge for sewer replacement. Mr. Reg Clewley, Seal Beach, claimed that this charge is being levied to the benefit of the Bixby and Hellman anticipated improvements without having to pay for it, his feeling is that the sewer replacements are not necessary. Councilmember Campbell inquired if staff had researched the use by parkwood. Mr. Kirk Donald, College Park East, inquired if this is being called a sewer charge because of the Prop 13 restrictions, asked what the hook up fee will be for developers, will the system be made larger to accommodate upcoming development. Mayor Campbell likened this effort to replacement of residential plumbing that has become old, there are parts of the system that are seventy years old, the first phase will be from Catalina to Westminster, at that point the seventy home Hellman project will not have been built. with regard to the capital facilities hookup , Councilman Boyd responded that it is called a capital facilities connection charge, it is a pass-through, it is charged by the City and passed on to the Orange County Sanitation District, this was not brought forward to enlarge .~.~ 5-22-00 the system to have more development, this is for replacement of the current system as it exists, changing some lines from force to gravity lines, what is proposed is a capital facilities charge, any user that connects to the system pays the capital facilities charge, the charge will be dependent upon the size of the main, the amount could be up to $200, he explained further that all of these issues were addressed in the Sewer Master Plan, capacity and available land use a part thereof. Mr. Donald expressed his objection to the lack of explanation of this matter, a mere notice advising of the increase, it seems as if monies should have been accumulated over the years, and even after the thirty year payoff of the bonds the charge will remain and be reserved for future needs. Councilman Yost mentioned that this is the first time the City has had a long term plan to address future needs. Councilman Boyd also explained that should the capital charge be approved that money will go towards the payoff of the Certificates of Participation, once they are paid the charge will continue and be held in the sewer enterprise fund for future replacements. Mayor Campbell noted that at the end of the thirty years there will be other replacements that will need to be made,' and further, the financial situation started in the early 1990's when the State balanced its budget at the expense of the cities, Seal Beach was in a terrible financial situation because of being a bedroom community, this the first opportunity for this City to do such replacement, this is actually being prudent before replacement becomes more critical. She noted too that the three pier fires too have caused the City to utilize its reserves, and suggested that Mr. Donald review the Sewer Master Plan. Mayor Campbell again pointed out the responsibility of the City to see that the infrastructure functions properly, this needs to be done and at the least amount of expense to the residents. Mr. Donald suggested that it be noted that future bodies need to be prudent and fiscally responsible. I I With regard to the question of Mayor Campbell relating to the Parkwood area, the Director of Public Works explained that the City provides water to the Southern California Water Company through a couple of meters, thought to be six inch meters and a smaller meter for landscaping, they are then charged for water, the water capital, and the sewer user fee to disperse as they see fit to their rate payers, the Southern California Water Company is the water company that has jurisdiction over the City of Los Alamitos, Seal Beach also takes their sewage which flows into the College Park East system, they are charged the sewer user fee and when the proposed sewer capital is approved they will be charged that fee as well, the West Ed facility is a similar situation. with regard to an issue mentioned during the public hearings and again at this meeting, the City Attorney explained that there are different types of fees, there are charges, fees, and taxes, taxes are an incident of property ownership, what is proposed is a user charge, it is only those who use the service that pay the fee, this is not a tax and Proposition 13 does not apply. I Yost moved, second by Doane, to adopt Ordinance Number 1460. Councilman Yost mentioned again that there has been a break in Seal Beach Boulevard, ,there will be others, that line is not good, and agreed that he too does not want to pay another fee. He suggested that it be kept in mind however that the storm drain system drains directly to the ocean rather than through the sewer system where it would be treated prior to reaching the ocean, that has an impact on the water quality 5-22-00 I and the beaches. Councilman Boyd said he is always reluctant to pass along what some people consider a tax, this is a user fee, it is for a specific purpose, it is known how the funds are to be used, this lessens the general obligation of other taxes like the utility users tax. Councilman Boyd said he would support Ordinance 1460. Mayor Campbell said she too will support the sewer capital charge, explaining that every time there is a sewer break it takes General Fund monies to make repairs and her thoughts go to the other things that that money could be used for. Mayor Campbell said she had answered as many questions from the public as possible, a workshop was held, yet it will be the Council who will get calls when the charge appears on the water bills. Vote on the motion to adopt Ordinance Number 1460: AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 9:00 p.m. The Council reconvened at 9:15 p.m. with Mayor Campbell calling the meeting to order. I RESOLUTION NUMBER 4801 - AUTHORIZING CERTAIN INSTALLMENT SALE FINANCING DOCUMENTS Resolution Number 4801 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF ,CERTAIN INSTALLMENT SALE FINANCING DOCUMENTS, APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION RELATING THERETO AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO." By unanimous consent, full reading of Resolution Number 4801 was waived. Mayor Campbell inquired as to who is disclosure counsel, as stated in the third 'Whereas', the City Attorney advised that it is Richards, Watson & Gershon. Councilman Boyd pointed out that the Certificates of Participation for the 2000 Sewer System Financing project is an amount not to exceed $4,750,000. Mayor Campbell made reference to the fourth sentence of Section 4 relating to receiving two or more bids setting forth identical interest rates and premium, and authorizing the 'Mayor, City Manager or the Director of Administrative Services, or any designee thereof, to exercise his or her own discretion,' that language set forth in a number of instances, to that she said given the significance of this matter her preference would be to revise the wording to read the 'Mayor, City Manager, and Director of Administrative Services or a designee of the Council on behalf of the City,' the intent is to not leave decisions to one person, the language needs to be more specific. The City Manager said he did not believe that creates problems however possibly the financial advisor or bond counsel could provide some input. Councilman Boyd made reference to similar bond documents for the Sanitation District where the Chairman, General Manager, and Finance Director are named and all three are to confer and agree upon changes, etc., thus not leaving decisions to just one person. Mr. Quint, bond counsel, stated that it is only the one section that actually provides some discretion, the other sections are just authorization for execution of documents, the multiple people is for convenience purposes, it is possible however, to alleviate the concern, to delete the phase relating to the designee, therefore it could only be one of the three people listed. He said with regard to the opening of bids the only discretion is to pick the lowest I 5-22-00 bid or choose between two identical bids, therefore eliminate the designee which will then allow the flexibility that he would need with one of the other three listed people. Councilmember Yost suggested that the bond counsel and financial advisor identify themselves and provide some of their background information. Ms. Patty Gorczyca stated she is with PMG Financial Consulting, has nine years of financial consulting experience primarily in Orange County and Southern California, with her is Kelling, Northcross & Nobriga, the leading financial advisors in California, this is a co- financial advisor arrangement, she currently works with about a half dozen cities in Orange County and a number of special districts, clients in the Inland Empire as well, has served as technical advisor to the Government Finance Officers Association and two terms on their Fiscal Advisory Committee, during her twenty-two years of public finance experience she has worked with nearly every city in the County and a number of special districts. Mr. Brian Quint stated his position is with the law firm of Quint & Thimmig, has been a bond counsel for over twenty years, his firm is the fourth leading bond counsel in California based upon the number of closures, he works throughout and outside the State, his practice is limited to municipal finance transactions, they never represent developers or banks. Mayor Campbell once again asked that the phrase 'designee' be deleted, her preference would be to require two out of three of the persons listed, one being a member of the Council, in all cases where the City Manager, Mayor, and Director of Administrative Services are listed. Mr. Quint advised that these are not discretionary issues, merely authorization for signatures, the only discretionary issue is the opening of the bids, however in the case of a tie bid there could be a requirement to have two out of the three select the bid, explaining that this is a competitive sale, there is no discretion except to pick the lowest bidder. Councilman Boyd suggested that the phrase 'designee' be deleted. The Mayor requested that the City address be corrected as well, to which Mr. Quint advised those corrections have been made. I I Vote to approve Resolution Number 4801: AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried Mayor Campbell noted also that the name of Mr. Snow on the financing documents needs to be corrected in that he is no longer a member of the Council. PLANS AND SPECIFICATIONS - SEAL BEACH BOULEVARD REHABILITATION - PROJECT NUMBER 754 and 990 Boyd moved, second by Doane, to approve the plans and specifications and authorized initiation of the bidding process for project Number 754 and 990, Pavement Rehabilitation of Seal Beach Boulevard from Adolfo Lopez Drive to Beverly Manor Road. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I AWARD OF BID - SEWER MAIN LINE - SEAL BEACH BOULEVARD - PROJECT NUMBER 814 Bids were received until May 2, 2000 at 10:00 a.m. for project Number 814, the Seal Beach Boulevard Sewer Force Main Replacement, at which time they were publicly opened by the City Clerk as follows: ~-' ~ I Majich Bros., Inc. Colich & Sons KIP Incorporated Byron L. Crume, Inc. Southern California Underground Steve Bubalo construction Co.,Inc. Mike prlich & Sons, Inc. Mike Bubalo Ken Thompson, Inc. Savala Construction Co., Inc. Pipeline Equipment Rental W. A. Rasic Construction Co., Inc. 5-22-00 $ 993,811. 00 $1,069,689.00 $1,146,024.00 $1,168,725.00 $1,224,134.00 $1,308,076.00 $1,311.007.00 $1,346,070.00 $1,349,000.00 $1,592,068.00 $1,823,566.00 $1,984,760.00 Boyd moved, second by Larson, to award the bid for Project Number 814, the Seal Beach Boulevard Sewer Force Main Replacement, to Majich Bros, Inc., the lowest responsible bidder, in the amount of $993,811.00, and authorized the City Manager to execute the contract on behalf of the City. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried By unanimous consent, the City Council meeting was recessed at 9:27 p.m. to call to order the Public Financing Authority. PUBLIC FINANCING AUTHORITY The Mayor called to order the meeting of the Public Financing Authority at 9:27 p.m. I ROLL CALL Present: Chairman Campbell PFA members Boyd, Doane, Larson, Yost Absent: None Also present: Mr. Till, Executive Director Mr. Barrow, City Attorney Ms. Yeo, City Clerk RESOLUTION NUMBER 00-3 - AUTHORIZING EXECUTION - INSTALLMENT SALE FINANCING DOCUMENTS Boyd moved, second by Doane, to adopt Resolution Number 00-3 entitled "A RESOLUTION OF THE SEAL BEACH PUBLIC FINANCING AUTHORITY APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN INSTALLMENT SALE FINANCING DOCUMENTS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO." By unanimous consent, full reading of Resolution Number 00-3 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I By unanimous consent, the meeting of the Public Financing Authority was adjourned at 9:29 p.m. The regular meeting of the City Council reconvened at 9:29 p.m. RESOLUTION NUMBER 4806 - COMPLETION - CONCRETE PIER REHABILITATION - PROJECT NUMBER 715 Resolution Number 4806 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS 5-22-00 FOR PROJECT #715, CONSTRUCTION OF THE SEAL BEACH CONCRETE PIER REHABILITATION, CONTRACT ENTERED INTO BETWEEN ACE RESTORATION AND WATERPROOFING, INC. AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4806 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I ORANGE COUNTY SANITATION DISTRICT - COOPERATIVE PROJECTS PROGRAM CONTRACTS lCP-99ll / CP-99l2 / CP-99131 - FUNDING The Director of Public Works presented the staff report, explained that last year the City made application for funding under the Orange County Sanitation District Cooperative Projects Program, about $130,000 for the Old Town Sewer Project, Phase I, and about $17,000 for GIS/ Electronic mapping, the contract documents just recently received for that previously approved funding. He noted that the City is currently in the review process for the next phase of project funding which is designated for Phase II of the Old Town Sewer Project, about $350,000. The Director mentioned that the contracts bind the City to the use of the money, similar to Measure M, some of the key issues are Best Management Practices for Water Conservation, most of the items the City is already performing, the Metropolitan Water District of Orange County handles some of the issues, the ultra low flow toilet retrofit program, the water retrofit program, school education, are examples, the City's current rate structure encourages water conservation, and from the Sanitation District viewpoint they want conservation of water because that reduces the flow into the sewer system, thus the reduction of costs. He made the statement again that the City is in fact practicing the Best Management practices, the goal of the District is to reduce the amount of flow into the sewers, that is generally groundwater seeping into the sewer systems during rain storms and high water conditions, every bit of water that does not go into the system then does not need to go through the treatment process, rather, keeps the rainwater in the ground, most stormwater and ground water are not encumbered with a lot of pollutants, the idea is to reduce the inflow to the sewer system which in turn will reduce the need for the District to improve and enlarge their ~ystem thus the reduction of costs. I Boyd moved, second by Larson, to approve the Cooperative projects Program contracts 991l, 9912, and 9913, authorize the City Manager to execute said contracts with the Orange County Sanitation District, and adopt the Best Management Practices for Water Conservation. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried PROFESSIONAL SERVICES AGREEMENT - FEDERAL AID/ADMINISTRATIVE SUPPORT - SEAL BEACH BOULEVARD AHRP PROJECTS The City Manager noted that projects involving federal funds require considerable detail therefore it is felt that consultant services are necessary to guide this project. The City Engineer advised that this is in conjunction with the Seal Beach Boulevard project that just received approval, there are a number of procedural requirements when using federal funds, this consultant is well aware of the process and federal requirements, this an assurance to not be at risk when it is time for the audit, in fact funds can be lost if the proper procedures have not been followed. To a question I ')'~":f ' 5-22-00 I of the Mayor, the City Engineer stated that this consultant will report to the Assistant City Engineer. Boyd moved, second by Larson, to approve the Professional Services Agreement with Project Advisory Services to perform technical and administrative support for the Seal Beach Boulevard Rehabilitation projects, and authorized the City Manager to execute the Agreement on behalf of the City. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I PLANS / SPECIFICATIONS - PCH / BALBOA DRIVE INTERSECTION IMPROVEMENTS - PROJECT NUMBER 822 The City Engineer reported this project is essentially the realignment of Balboa Drive, a difficult intersection with conflicts arising from the left turn situations. He said the City was fortunate with the development of the last vacant parcel in the Cove area to negotiate with the developer for a sliver of property which will allow the realignment of the street so that the intersection more closely matches. Along with the realignment there have been discussions with CalTrans about modifying the left turn signal inasmuch as since the phased left turn signals were installed there has been concern with the traffic that cuts through the shopping center as motorists are waiting for an entire cycle to make a left turn even when there are gaps in the traffic, and CalTrans has agreed to work with the City to modify that function so that there will be a separate left turn movement whenever there is a significant gap. The Engineer stated that if this is successful, CalTrans has indicated a willingness to also look at the signals at Main Street, 5th and 1st Streets, however key to this project is the realignment, this is all Measure M funding, the estimate about $150,000. Councilmembers Boyd and Yost mentioned the complaints received with regard to the intersection signal timing since Pacific Coast Highway was redone. Boyd moved, second by Yost, to approve the plans and specifications to initiate the bidding process for intersection improvements at Balboa Drive and Pacific Coast Highway. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I SPECIAL EVENTS REOUESTS The Director of Recreation and Parks presented a request to Council for preliminary approval of two volleyball events in the City during the summer, the Beach Volleyball America, womens tour, for July 8th and 9th and the return of the Association of Volleyball Players, the mens tour, on August 17th and 18th. To the inquiry of Councilman Larson as to fees and insurance, the Director responded that the fees for a prior AVP event was about $15,000, and confirmed that insurance coverage is a requirement. Councilman Yost mentioned that the AVP is the busiest of days for Main Street businesses, it is good to have them back. Yost moved, second by Boyd, to preliminarily approve two special event requests, the BVA and AVP, and authorize staff to negotiate specific terms and conditions including fees for parking, filming, property use, and promotional activities. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried 5-22-00 RESOLUTIONS NUMBERED 4807 / 4808 / 4809 - STREET LIGHTING ASSESSMENT DISTRICT Boyd moved, second by Doane, to adopt Resolution Number 4807 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN, AND ORDERING THE PREPARATION OF AN ENGINEER's REPORT FOR STREET LIGHTING DISTRICT NO.1" and Resolution Number 4808 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE ENGINEER's REPORT IN CONNECTION WITH THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO. 1" and Resolution Number 4809 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO.1, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON." I By unanimous consent, full reading of Resolutions numbered 4707, 4708, and 4709 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The City Manager reported that the Recreation Director advised him this date that the final piece of equipment was to be installed at the pool today so that the County inspection can be done, then it will soon open. He mentioned the discussion relating to cell phone antennas, stated there have been more requests than Nextel, one was for the City Hall tower with some structural architectural modifications that were of concern, another was to extend the antenna on top of a light fixture at Zoeter field, some cities have addressed the issue by enacting a moratorium while developing regulations and incentives, some are doing co-locating on poles, which is what this staff has encouraged, also, a model ordinance and sample agreement have been obtained, staff will be looking at those. Mayor Campbell suggested that the property at the northeast corner of the weapons Station, near the well site, be looked at as there are no homes to impact, the Manager responded that it could be considered if it fits their needs. Councilman Boyd concurred the co-locating idea too. I The Manager mentioned the need to hold budget workshop sessions. Suggestion was made that they be held for about an hour prior to Council meetings, prior to the next meeting was mentioned because there are three weeks in between. A tentative meeting schedule was to adjourn to Monday, June 5th at 6:00 p.m., if a conflict the 5th can be canceled and adjourned to another day. The Manager suggested the Council call should they have questions prior to. I COUNCIL COMMENTS With regard to the rabbit issue in Leisure World, Councilman Larson mentioned that the people represent about forty percent of the City, there must be some way that those people do not feel they have been ignored by the City, which they do 5-22-00 I now, possibly staff could help, talk to the State, or whatever. Councilman Yost mentioned the size of the Naval Weapons Station property, and suggested that possibly on some future agenda the use and options of that property should be considered should the Weapons Station ever face the closure process like EI Toro. Councilman Larson expressed appreciation for bring up that subject. Mayor Campbell noted that the Department of the Navy is giving EI Toro to the County for an airport, if not accepted for that use it will then be for sale, the Navy may come forward with something else. Councilman Boyd mentioned that in February of 2001 a new BRAC will be held, there will be a new President, other locations for closure will be identified, the locations notified, a reuse committee would be identified, in this City likely the Redevelopment Agency, and there would be a public reconveyance or ask the local agency to develop local economic reconveyance areas, this will take time and energy, a huge process. Councilman Larson noted that no one expected the facilities that have closed to do so, the local areas were caught unprepared, it would be well to look at the potential up front, a small craft harbor, a wilderness area for the Scouts, a public golf course run by the City. Mayor Campbell said the City needs to make sure it does not become an airport. The Mayor noted a letter from the Orange County Grand Jury asking for a response to their report relating to the 'rainy seasons first flush hitting the harbors of Orange County,' and inquired if staff is responding with regard to the findings and recommendations of their report. The Manager noted that the Grand Jury has been distributing a number of reports that require considerable analysis and response, it has been found that the League has a consolidated report, possibly the City can work up something with at least the other coastal cities. From the Bolsa Chica Land Trust newsletter, of which she is a member, Mayor Campbell reported that last January the staff of the Coastal Commission made it known they would try to keep the lower bench of the mesa free of development, this is a good plan, the Land Trust supports it and it is important to make the Commission aware, especially since the hearing has been postponed until mid-August, to that she asked if the City could write a letter of support or would it need to be done individually. councilman Boyd suggested that she and the Manager prepare a draft response for Council review. Mayor Campbell noted that Mr. Laszlo is the City's representative to the Orange County Vector Control where he serves on several committees, it is important to have representatives that are familiar with local government, and with regard to the red imported fire ant problem suggested that if anyone observes something unusual in their yards, particularly in College Park East and on the Hill, they should contact the Assistant City Manager, Mr. Dorsey, for information relative to the protocol for follow up. Mayor Campbell again welcomed Mr. Larson upon his first meeting as a member of the City Council. I I CLOSED SESSION The City Attorney advised that the Closed Session to confer with the City's labor negotiator will be rescheduled as the negotiator could not be present at this meeting. Mayor Campbell invited a member of the Council to Jo~n her each week for an informational meeting with the City Manager. Councilmen Boyd and Larson both offered to attend the first of such meetings on the 26th, dependent upon their schedules. 5-22-00 / 6-6-00 ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting to Monday, June 6th at 6:00 p.m. for a budget workshop. The meeting was adjourned by unanimous consent at 10:05 p.m. I clerk Approved: '-fJrrJJ;;~~~ Attest: Seal Beach, California June 6, 2000 The City Council of the City of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost Absent: None Also present: Mr. Till, City Manager Ms. Yeo, City Clerk Ms. Arends-King, Director of Administrative Services Ms. Hull, Finance Department CLOSED SESSION It was the order of the Chair, with consent of the Council, to adjourn to Closed Session pursuant to' Government Code Section 54957.6 to confer with the City's Labor Negotiator with regard to the Orange County Employees Association, Non- Represented Employees, Seal Beach Police Officers Association, and Police Management Association. The Council adjourned to Closed Session at 6:02 p.m. and reconvened at 7:08 p.m. at which time it was understood that no action was taken. I BUDGET WORKSHOP - FISCAL YEAR 2000/2001 Mayor Campbell asked that the budget review be reversed from last year and commence with the Capital Improvement Program. Councilman Boyd recalled last years budget review by line items which resulted in nearly missing the big picture, so perhaps the City Manager should make his presentation first, review the program of services and issues of importance, then the Council can make some broader policy decisions relating