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Home My WebLink AboutCC Min 2000-06-26 6-12-00 / 6-26-00 ADJOURNMENT By unanimous consent of the Council, the meeting was adjourned until June 26th at 5:30 p.m. for a continued budget workshop. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 11:00 p.m. (J clerk I Approved: ~a1J;l~tR-~ Attest: Seal Beach, California June 26, 2000 The City Council of the City of Seal Beach met in regular adjourned session at 5:37 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Campbell Councilmembers Doane, Larson Absent: Councilmembers Boyd, Yost Pending their arrival, by unanimous consent the absences of Councilmembers Boyd and Yost were excused. Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Captain Schaefer, Police Department Captain Cushman, Lifeguard Department Ms. Arends-King, Director of-Administrative Services Ms. Beard, Director of Recreation and Parks Ms. Yeo, City Clerk BUDGET WORKSHOP - 2000/2001 FISCAL YEAR I * Mayor Campbell inquired if the roundabout for Marina Drive at the area where the streets converge is in the budget, the response was that it was, it is part of the grant, the roundabout one of the design concepts for the greenbelt/bike trail which is funded as one, also, the Director of Public Works has obtained supplemental funds to the State funding from the orange County I I I 6-26-00 Transportation Authority, some type of roundabout in the middle of that large intersection is being looked at as part of the traffic calming/bike trail project. The Mayor said she was raising this issue now in that it became a concern previously that traffic was moved from one street to another when the first roundabout was constructed. * Mayor Campbell mentioned that in speaking to Mr. Jerry Dominguez with regard to using the land under the power lines his response was that the offer is good for sixty to ninety days which is until about the first part of July, if he does not hear from the City by then it will go to someone else. * Mayor Campbell inquired if money for the July 4th fireworks show is in the 2000/200l budget, the bill has been received; the question is if it is going to be paid, the response was that is anticipated to be from private funds. * The Mayor noted that she received a telephone call from the Rossmoor Homeowners expressing concern that the money had not been received, they look to receiving the money in the spring, and last year it is said someone paid the $4,000 on behalf of the City. The City Manager said the source of private funds is yet to be announced, it was a Council committee that was to do this fund raising, not he, that is the reason for delay. The Mayor stated there needs to be a source of permanent funding as this is a community relations issue, this is a community effort and Seal Beach needs to pay its fair share, therefore there needs to either be private funding or the City needs to pay. One opinion was that it should be paid, another was that it is difficult to pay someone who has just sued the City, the response of the Mayor was that this is the Armed Forces Reserve Center, this is a community spirit, Seal Beach needs to pay its share, and asked for consensus of the Council to budget $5,000 for the fireworks. If these are private funds there is no need to budget, maybe next year when relationships are better. If the monies are not paid by July 15th, Mayor Campbell asked that the $5,000 be budgeted, there was consensus agreement should the private funds not be paid by July 4th as stated by the City Manager. * Councilman Larson mentioned that he had spoken to the Director of Public Works relative to the street behind the Rossmoor Center that is in considerable disrepair, it is evidently a public street, the walkway has holes, the Director has advised there is an interim plan yet eventually the grade will need to be changed. The Manager said the question is how the City became responsible for a private commercial center's parking lot, to that Councilman Larson said this is a City street, it was agreed that the City would maintain it, it is not an alley, it is not owned by the Center, at some point consideration could be given to transferring ownership to the Center yet at this time it is the responsibility and liability of the City. * The Manager mentioned talk of doing some development in the Center and possibly a condition of that would be that they assume the ownership and responsibility of 6-26-00 that roadway. Mayor Campbell mentioned that this issue started when Davio's Restaurant was visited by the Health Department relative to their rear door, Davio's approached the Center for permission to fix it but were informed it is a City street, so Davio's continues to have problems with the Health Department. It was mentioned that Councilman Boyd had suggested deeding the street to the Center, maybe as a condition of repair. I * Councilman Larson said as had been agreed this has been brought to the attention of the Council, Public Works Department and City Manager, if Davio's is going to remodel that is one thing but he would like to see a plan that this is going to be fixed. The Public Works Director mentioned that the problem lies with Davio's and other restaurants in the area where they have been washing down which has sunk into the subgrade, the City has been working with those businesses and it is now much drier, there is a plan to bring in City crews to tear out the asphalt and have the street repaved, although not concrete it will then be safe and usable, and offered to check with the Maintenance Services Manager for a time frame. * The Mayor asked the Director to contact Leonard Wilson of the Center to coordinate with him and at this point just let him know that something will be done. * Councilman Doane mentioned having brought up the issue of tree trimming at a previous workshop, that was about the extent of his budget items. I * To College Park East residents present in the audience, Mayor Campbell confirmed that the cul-de-sacs of Dahlia, Daffodil, Carnation, and Iris are in this budget, if there is additional money received from the State possibly Clover as well. * The Manager said according to the latest State status report there is $400 million in the budget for transportation, of that the proposal is to earmark $200 million for cities, allowed to be used on any street, when those monies are received they will be earmarked for the Pavement Management Plan, and confirmed that Clover and Coastline are the next streets in priority. * To a question of the Mayor as to when the street repair would commence, the Director of Public Works advised that as yet plans have not been prepared, actual work would be after the winter season when the weather improves, it would be unwise to dig up streets and then have it rain. * A member of the audience urged that the repair be done in the fall, it was explained that the Seal Beach Boulevard repaving will be in the fall. The Mayor stated again that at least the streets are in the budget, if there is any way that staff can get to the cul-de-sacs in the fall she was certain they will, the Boulevard is a large project, the sewer line replacement from the Hill to Westminster is coming up, there is an alley replacement project as well. I * The City Manager made reference to the memorandum showing the analysis of changes in fund balance since I I I 6-26-00 the last workshop per the request of the Council, the funds set aside in previous years for capital projects to take place this year have been released, $268,000, $13,353,330 is estimated revenues for the year, $882,070 are transfers in, $1,593,756 are transfers out, the operating budget is $l1,790,005, the capital improvement budget is $702,250, $188,000 are designated for future capital improvements, and $184,389 are the reserves for self insurance, in addition $45,000 for the part time employees salary package. * It was explained that the self insurance reserve is now about $584,000 of the $900,000 required by OCCRMA. The Administrative Services Director reported that basically all of the requests of Council were addressed, the Deputy City Clerk position, microfilming monies that were inadvertently left out, the bucket truck and tractor lease, as well as the part time salary package, with regard to decrease of expenditures the $20,000 in Animal Control salaries had been an error. * The Manager pointed out that an additional $40,000 had been allocated to sidewalk repair, that in addition to the already budgeted $80,000 and a portion of the tree funding is for sidewalk repair as well. * with regard to repair of College Park East streets a member of the audience inquired if this would be quality repair or is it necessary to accept the lowest bid. The Public Works Director explained that the City is bound by the Public Contract Code and there is sufficient criteria in the specifications that require the contractor to do quality work, this will not be slurry seal, rather a reconstructed street. * Mayor Campbell said of concern may be the streets that were repaved some years ago and are deteriorating rather rapidly, that is what the residents want to avoid. The Director said he believes that may have been the first time that the rubberized asphalt was used, there was a problem with it, in the last three to four years all of the paving projects have been fine, and to a question from the audience confirmed that he has personally observed the subject cul-de-sacs. * Councilman Boyd said other than what has been discussed previously he had no other concerns with the budget, however inquired about contributions to reserves. The Manager responded only to the liability fund this year, the Cash Basis is at the $1 million level, nothing to the General Fund non-designated reserves', the balance is thought to be about $1.5 million. * The Manager mentioned too that project bids seem to be coming in within or below estimates and if there are no overruns or change orders there may be additional funds that could be programmed for pavement management. * Mayor Campbell inquired if the curb and gutter funds include the areas where trees have pushed them up, the response of the Public Works Director was affirmative, there are such locations throughout the community and the attempt is to prioritize them. 6-26-00 * Councilman Boyd inquired if the decreased expenditure for the sea wall replacement was the area under the pier or the tide wall along Seal way, the response was that was the chain link fence replaced in the current year. * The Mayor again inquired about the budget amount for the software package, the response was that the amount is the same but it is ,merely an estimate, more data will be sought and brought back to the Council for consideration. I * Mayor Campbell mentioned having just received the annual financial statement bearing a date of September, 1999 and asked why it was so slow in coming, to that the Manager responded it was thought they had been distributed some time ago, an oversight. * with regard to the Council budget, travel and meeting expense was reduced to $2,500, the League Conference is in Anaheim so no air fare or hotel rooms are necessary. * The Manager said it may be necessary to visit Washington D. C. to pursue the federal government funding of the Surfside/Sunset Beach sand replenishment project, an error was made and instead of the $8.1 million needed for that project it is $3 million short or $5.1 million, the State money, $3.7 million, is good for three years, federal money is only one year, the question is whether there will be a project this year, the Army Corps does not want to do a partial project, and it is uncertain as to whether the Corps is able or willing to transfer such a sum of money from one project to another. I * Councilman Boyd requested that the Manager advise of where the lapse was with regard to the federal funding issue. * With regard to the status of the Main/10th Street alley project, the Public Works Director reported that the 200 block should be paved by the July 4th weekend however vehicles will need .to be kept off for a time, there have been a number of problems, lines found that were not known, hookups, final paving for the whole alley may not be for a couple of weeks. * Question was posed if the businesses have complained about the water being shut off at certain times, to that the Director responded that there was a problem last evening and today with a water main break near Clancy's, service back on by about 1:00 p.m., there had been problems with coordinating services, temporary hookups, etc. * Mayor Campbell mentioned that work started today on the Proctor house now owned by Chris and Diana Lynski, they obtained the permits and will commence tearing out the walls. I * The Director of Development Services reported that the H/CD funding request for Seal Beach Boulevard was recommended for denial without an appeal, the appeal went to Washington, D. C. where it was approved and funding in the amount of $250,000 will be received in this fiscal year. 6-26-00 * Councilman Boyd noted that a number of people have mentioned possibly changing the street name from Seal Beach Boulevard or Bay Boulevard from Electric Avenue to Pacific Coast Highway to Bay Drive, a more residential sounding name. I * Councilman Boyd mentioned too that from the internet today he noted that Old City Hall is for sale at an asking price of $785,000, and to a question as to how the City can regain that building, he advised it will revert back at the end of the leasehold. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the workshop session at 6:20 p.m. Attest: 'iJdlkr;n), p~ 9~:'h( ~ City Clerk Approved: I Seal Beach, California June 26, 2000 The City Council of the City of Seal Beach met in regular session at 7:12 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost Absent: None 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 Captain Schaefer, Police Department Ms. Beard, Director of Recreation and Parks Ms. Arends-King, Director of Administrative Services Ms. Yeo, City Clerk APPROVAL OF AGENDA Boyd moved, second by Larson, to approve the order of the agenda as presented. 6-26-00 AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ANNOUNCEMENTS Councilman Yost reported that Seal Beach resident Audrey Hauth has received an award for her donations to Cal State University, the news article appeared today. I PUBLIC COMMENTS Mayor Campbell declared the Public Comment period open. Mr. Gordon Shanks, Surf Place, stated he wished to speak to Item A-1, the survey on the Bixby Tennis Club site plan. Mr. John Dampman, Bayside Drive, said he too wished to speak to that item. Ms. Julie Walker, Nextel, stated that her firm is in need of improving coverage of this area and would like to add three cell sites on City property, possibly at City Hall, the 405 at Seal Beach Boulevard, and old Bolsa Chica, if the City does not wish to work with them Nextel could go to the private landowners, that may require additional sites or variances to build the sites higher, if on City property there would be a benefit to the City in terms of revenue, and invited calls from the members of the Council. Ms. Sue Corbin, Seal Beach, asked if the Council would allow those present to speak to each item on the agenda, either now or when considered. Ms. Corbin mentioned the appropriation of $160,000 for new software to which she suggested there be an outside evaluation of the need inasmuch as it could be a user problem. Ms. Corbin was informed that the software issue will come back to the Council before any purchase. Mr. A. J. McCarthy, Seal Beach Leisure world, noted that Leisure World is the home of eight thousand residents of Seal Beach, citizens of the community living on private land, self- reliant, seldom asking the City for assistance, that community does not relay on the City for assistance to install; repair, or maintain its streets, sidewalks, or sewers, even provides polling booths for use in elections, these citizens pay property and sales taxes, shop the local businesses, bring visitors by the thousands most of whom visit the downtown Main Street and the pier, spend considerable money which boosts the economy, are the primary sole support of the shopping area at Westminster and Seal Beach Boulevard, these residents have worked many years to earn what assets they have. He noted that Leisure World employs over two hundred full time workers and many part time workers, award millions of dollars of contracts each year, many of these citizens are war heros, some survivors of Pearl Harbor. Mr. McCarthy said when some misinformed persons make comments about the old, non-tax paying people of Leisure World not supporting the community he takes offense, also statements to the affect that the old people should be killed instead of a few rabbits, when the Police Chief makes an uninformed decision that delays the request to humanely and safely kill a few rodents and is backed by the City Council he again takes offense, the Chief surely must have the training to conduct a fact finding inquiry. Mr. McCarthy stated that wild rabbits are not an endangered species, even though they are born near where people live they run when a human gets within five feet, it is certain that persons trained in the use of a pellet gun can hit a target only five feet away and aimed down at the rodent. He asked how the Council could sit by and let this community become the victim of such a thoughtless decision, rabbits do not shop nor have the right to vote but do breed faster and greater in number than bureaucrats, about three weeks ago another set of baby rabbits were born increasing their population from about I I 6-26-00 I fifteen hundred to four thousand, in about eight weeks they will triple again, his understanding is that the City is not responsible for eliminating the rabbits or paying to have it done, yet the increase of rabbits increases the possibility of people becoming ill from the feces and bacteria. Mr. McCarthy also spoke to the recent lengthy discussion of automated beach parking, half of the revenue will be paid to the parking company thus not stay within the City, yet only a few minutes was spent on the rabbit problem, it is time the City admit its mistake and take immediate steps to correct the problem. Ms. Laura Zahn, Long Beach, stated she was present to represent the Orange County Coastkeepers and wished to address three issues, a problem, a program, and a party. Ms. Zahn cited the problem of beach closures, Huntington Beach closed most of last summer, five hundred beach closure days in Orange County, Seal Beach closed for contamination, Orange County faces the millennium with serious environmental threats that will only become worse if ignored. The program, the Orange County Coastgivers are working to develop and implement lasting solutions to the toxic contamination of the local natural resources, the Coastkeepers is a hands on, grass roots environmental organization working to eliminate the pollution of the coastal waters and harbors, the only local environmental organization totally dedicated to protecting the near shore waters of Orange County, the programs Coastkeepers support and sponsor are harbor patrols, seeking out and eliminating pollution incidents before serious damage occurs to the beaches and harbors, there is an incident hotline for the reporting of suspected pollution, the Coastkeepers investigate each case and involves the appropriate regulatory agencies to assure proper cleanup, the bilingual hotline is available twenty-four hours a day from Santa Barbara to the Mexican border. Coastkeepers have school programs, in partnership with Newport Harbor Nautical Museum they offer interactive educational programs for elementary schools throughout Orange County, Coastkeepers do kelp reforestation through outplanting and transplanting, restoring an important marine habitat to attract a wide variety of species back to the coastal waters, Coastkeepers do water quality and sediment monitoring at Huntington Beach, Newport Harbor, and Bolsa Chic a wetlands through a unique partnership with the State, the data is used by the State to reduce upstream pollution of harbors and waterways, Coastkeepers also does resource protection, provide public comment and scientific testimony at hearings concerning proposed development projects to ensure they are designed for maximum protection of the marine environment. The party, Ms. Zahn stated that the Coastkeepers support the coastline of Orange County and Coastkeepers in turn request that the coastal cities support them, announcing that Coastkeepers will hold a beach party on July 15th at the Newport Dunes Hotel, the first Coastkeepers fund raiser, and extended an invitation to the Council as well as residents of the community to attend. Mr. Lou Eversmeyer, Leisure world, distributed samples of pellet gun ammunition and a twenty-two caliber for comparison of the velocity, impact, carrying range, and the hazard. Mr. Eversmeyer made note of a meeting on the 17th with representatives of the Council, the Manager, Captain Maiten, three representatives of Orange County Vector Control, the president and board member of Mutual Four, representatives of Mutuals Two, Six, Fifteen, and Nine, former and current Golden Rain Foundation presidents, former Mayor George Brown, Mr. Narang and Mr. Cooper. He mentioned having given the Manager a.packet of copies of E-mail received as well as I I 6-26-00 photographs taken the day prior to the meeting of the golf course and various lawn areas showing brown spots as a result of rabbit damage, and with .regard to the concern relating to rabbit feces, it is body waste, bacteria, and other undesirable elements. Mr. Eversmeyer stated that after an hour and a half meeting Vector Control reinforced the position that there is no chemical method to sterilize rabbits, if they are trapped about ninety-nine percent of them die in the trap, information from the California Agriculture Service states that the way to control rabbits is to shoot them, the most effective way to control their population, he has personally asked the Police Chief how he concluded the pellet gun method was a safety risk, this had been a consideration before the pellet gun method was determined to be acceptable. Mr. Eversmeyer offered that the pest control representative is certified, a graduate zoologist, he knows what he speaks, his opinions were backed up by Vector Control, however he did refuse to disclose the neighborhoods in which he is presently working, that for his own protection. He said his suggested solution would be that the Council adopt a resolution to amend the ordinance whereby a certified pest control agent can do his work in a professional manner, his belief is that the intent of the ordinance was to grant the Police Chief the discretion and to use that discretion to grant the necessary permission, as a matter of fact the permission had been granted in this case and at the last minute withdrawn. In recent Leisure World elections the representatives in support of this were elected by large majorities, the people want this issue pressed forward with the City Council for relief, the cost of rabbit damage continues, and to the question as to why only five mutuals determined to support the rabbit program the response is that the Police Chief denied the permit therefore no other mutuals took action, however the Physical Properties division passed a resolution for presentation to the Golden Rain Foundation Board in support of rabbit control in the common areas by means of shooting. There being no further comments, Mayor Campbell declared Public Comments closed. I I APPOINTMENTS - BOARDS and COMMISSIONS Archaeolooical Advisorv Committee Ms. Lorraine Willey, representing District One, Ms. Joyce Basch, representing District Two, Mr. Jake Eigenbrod, representing District Three, Mr. Bruce Fitzpatrick, representing District Four, and Mr. Robert "Gene" Vesely, representing District Five, were reappointed to the Archaeological Advisory Committee for the one year term expiring July, 2001. Citizens Particioation Committee Ms. Seretta Fielding, District One, Ms. Jane McCloud, District Three, and Ms. Audrey Kime, District Four, were reappointed to the Citizens Participation Committee for the four year term expiring July, 2004, and the District Two appointment was held over. I civil Service Board Mr. Charles Shulthies, District Two, was reappointed to the Civil Service Board for the six year term expiring July, 2006. Environmental Oualitv Control Board Ms. Donna McGuire, District Four, was reappointed to the Environmental Quality Control Board for the four year term 6-26-00 expiring July, 2004. I Recreation and Parks Commission Ms. Carla Watson, District Three, was reappointed to the Recreation and Parks Commission for the three year term expiring July, 2003, Ms. Emily Frazier was appointed as the District One representative for the unexpired term ending July, 2002, and Mr. Andy Rohman was appointed as the District Five representative for the full three year term expiring July, 2003. Plannino Commission Dr. David Hood was reappointed to the Planning Commission as the District Four representative for the full term expiring July, 2004. Prolect Area Committee Ms. Carla Watson, District Three resident member, Mr. Joe Kalmick, District Three business member, Ms. Laura Alioto, nominee of the Seal Beach Historical Society, Mr. Terry Barton, nominee of the Friends of the Library, and Mr. Gordon Shanks, nominee of the San Gabriel Parks Society, were reappointed to the Project Area Committee for the two year term expiring July, 2002. Boyd moved, second by Doane, to approve the appointments as stated, and that the District Two appointment to the Citizens Participation Committee be held over as requested. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried SURVEY - BIXBY TENNIS CLUB SITE PLAN Mayor Campbell distributed a sample copy of the Bixby Tennis Club Site survey that is requested to be mailed, a letter to the College Park East residents and an area to respond as to their preference of facilities. As to a Council action, Mayor Campbell again stated her intent was to mail the surveys, there seemed to be some concern with that, therefore it was placed on the agenda. Councilman Yost stated he had some concerns with this item. I Mr. John Dampman, Bayside Drive, stated he and his wife have been members of the Old Ranch Tennis Club for about twenty- five years, play tennis about three times a week, it is known that there was a citizens committee however understood that it consisted of only College Park East residents, in his opinion as a user and citizen having an interest he too should have a say in what is done with the tennis facility, and if a survey is distributed all of the districts should be able to voice their opinion as this facility has been given to the City not College Park East. Mrs. Marylou Dampman said she too would like some input as she has a vested interest in that tennis is one of her passions, provides recreation and exercise, and she would like to be included in the planning for this facility. Mr. Gordon Shanks, Surf Place, stated he supports the survey and the use of the City funds to send it out, one reason being that this has been a controversial issue in College Park East and to have the input from those most effected may save the Council some problems with people saying they did not have input, the intent should be to get input from those most affected. He acknowledged that it will be a City facility, funded by Bixby money, used primarily by those in that specific area, the actuality of having the Bixby Tennis. Club given to the City and being developed was 6-26-00 what opened up the whole Bixby issue to much more controversy than ever existed before. He noted that in the past there have been items placed on the ballot to seek the peoples opinion on parks, City funds have been used for the purpose of advisory measures, by giving the College Park East people a say with regard to the tennis facility will let them feel that they have not been left out, the expenditure would be worth it. Mr. Bill Lower, 6th Street, stated he has been an Old Ranch member since it opened in 1970, when he first moved to Seal Beach it was truly unique, Pacific Coast Highway was the end of Seal Beach, the community is still unique but in a different way, besides Old Town and the Hill Seal Beach is divided by two freeways and the Weapons Station, the new areas that were eventually added were nice but had little in common with the remainder of the City, to access College Park West one has to go out of the County, College Park East likely identifies more with Los Alamitos, Surfside is separated by Anaheim Bay, also unique in that there are three areas that the people can not reach, Leisure World, Surfside, and the weapons Station. Mr. Lower mentioned that when the tennis facility committee was appointed all members were from College Park East, one person who was highly qualified to be a member, the long time tennis coach at Long Beach State, was left out because he lives on the Hill. Mr. Lower said he hoped that this facility is being given to the City and not just College Park East, he for one uses it several times every week. Ms. Audrey Kime, College Park East, stated she and her husband were members of the tennis club committee, although not as active as some they did have input, there were very valid reasons why the committee wanted to get input from the people of College Park East primarily, it needs to be kept in mind that this is part of the ongoing process for the configuration of the tennis club, it has never been a desire to eliminate tennis use as tennis was the main focus, that should not be a concern. The survey merely sets forth what the committee felt were the best possible uses and lets the surrounding neighborhood determine which one they feel most comfortable with before the issue goes through the process at the Recreation and Parks Commission, Planning Commission, and City Council levels, thus just because the survey goes forward does not mean no one else will have input, it merely says that College Park East residents will be heard, which is felt to be fair. Mr. Barry Hartwyk, Crestview Avenue, said he has been a member of the Club since 1982, expressed his displeasure that no one other than College Park East people were members of the committee, this facility was given to the City not College Park East, his recollection is that College Park East has more recreational areas than anywhere else in the City, suggesting that it may be a good idea to place the survey in the Sun newspaper so that anyone wishing to respond may do so. Mr. Hartwyk offered that if major changes were going to made to the beach or the pool everyone would be involved, he could not understand why there can not be a cohesive Council to try to combine the City, this only divides it, again, this facility has been given to the City, as a resident he should have a say as he pays as much or more taxes than anyone. Mayor Campbell explained that the tennis club committee developed some uses, first, to keep eleven of the sixteen courts, the five easterly courts would become a park, those five courts do not have lights for night play, Bixby Ranch Company is turning this facility over to the City with $1 million to redevelop. it as park facilities for College Park East, what is being looked at is the configuration of playground equipment on the area where the courts will be removed, this I I I . , I I I 6-26-00 area abuts College Park homes, it will affect property values. She said the survey seeks the opinion of the CPE residents as to preference for all tennis or eleven courts and some parkland, if parkland then two options for play equipment, the play equipment is not something that others are necessarily concerned about, also, should the clubhouse be kept in its present configuration or should it be enlarged, these are the questions being posed to the CPE residents, this is in their neighborhood with their children using the facility. The Mayor emphasized that this is important to the CPE people, initially the Bixby Company said they intended to bulldoze the site and put in commercial, the people did not want that, when the survey is returned it will be tallied, they may not like any of the proposals, that input will be brought to the Recreation and Parks Commission and then the City Council. Mr. Hartwyk again addressed the Council expressing his opinion that the tennis facility was given to the City, not College Park East, when a survey is done and the committee is only College Park people they are only going to look out for College Park East, this is a City area, he and his wife should have a say in what happens there, this affects everyone, why was not the Long Beach State coach allowed on the committee. Ms. Schelly Sustarsic, College Park East, stated she chaired the committee looking at this facility, the committee was appointed by the Council, they started looking at options, not making decisions, College Park East residents are the nearest to the facility and the committee felt they should have some input, not just from the committee, that was the reason for the survey, most of the survey deals with preferences for park amenities and whether they would use the facilities, it is understood that this is a City facility, not just for College Park, there are facilities in other areas of the community as well, the eight hundred plus school age children in College Park have two tot lots, two tennis courts, and a basketball hoop, the committee will only be making a recommendation based upon the input from the residents, then this issue will go to the Recreation and Parks Commission for public hearing and input from anyone interested. Ms. Sustarsic expressed her support for the survey. Ms. Dampman spoke with regard to using various recreational facilities and parks when her children were growing up, she lives across the street from the McGaugh pool and College Park East residents utilize that facility, to her it would not be fair to confine the activities of children to just one area, it is also unfair for all people of Seal Beach to not have input. The Mayor again noted that the survey is merely to gather input from College Park residents, their opinions, then this matter will go to the Recreation and Parks Commission and the Council. Councilman Boyd moved to authorize the survey and provide for return postage. seconded the motion for discussion. Mayor to mail the Councilman Yost Councilman Yost stated he had concern with the language of the survey that 'your decision will determine the outcome of this facility', however that has now been reworded, a concern too was the expenditure of City money to do a survey without Council approval. Councilman Yost mentioned that the issue of committee membership had been discussed, .the Mayor requested that the committee consist of College Park East residents, given the understanding that this issue would then go before the Recreation and Parks Commission there was agreement, however in retrospect that may have been a mistake. He noted that the survey relates to playground 6-26-00 equipment, it appears to have been determined how many tennis courts would be removed, that equipment is proposed to be on the center court area, the most popular court and it is being considered to be bulldozed, he too is a tennis player as are a number of residents in his district who have asked why they have not had input. Councilman Yost agreed that the College Park people should have the greatest amount of input, but there should also be input from the City as a whole as to what to do with that complex, his belief is that this has gone a step too far, that is why the issue of the survey was placed on the agenda. He mentioned too that he spent considerable time speaking with College Park residents with regard to the Bixby development and from that input some thirty items were added to the development agreement, but that has not been seen with this issue, this is a City facility and there needs to be an avenue for input from everyone, and yes, why not put the survey in the newspaper. Councilman Doane indicated his support for the motion of Councilman Boyd to mail the survey as requested, however suggested that other interested persons be allow to make application for a survey if desired. The Mayor mentioned that others will have their opportunity when this item is before the Recreation and Parks Commission, the survey gives options for preferences such as one or two half basketball courts, a splash pool, picnic tables, etc., other questions relate to leaving the club in tact, having it run by an operator, enlarging the building, etc., the intent is to get input from College Park East because they are impacted the most. Councilman Boyd expressed his opinion that too much time has been spent on this issue, the survey is of the district of the Mayor, she should be able to mail it or not mail it. Councilman Yost mentioned that the last citywide survey was sent by Councilman Boyd at his personal expense. I I AYES: NOES: Boyd, Campbell, Larson Doane, Yost Motion carried The City Manager distributed a copy of a needs assessment proposal of December, 1999, at which time it was contemplated that the Council would at some point, presumably after the College Park community had its input but prior to Recreation and Parks consideration, present this for Council information prior to the item coming before this body. The Mayor mentioned that during their research the committee spoke to several tennis facility operators with regard to the number of courts that needed to be retained and other pertinent issues. CONSENT CALENDAR - ITEMS "B" thru "E" Boyd moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented. B. Waived the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. I C. Approved regular demands numbered 28074 through 28232 in the amount of $457,663.04, payroll demands numbered 7924 through 8090, 27684 through 27686, and 9000294 through 9000306 in the amount of $237,877.90, and authorized warrants to be drawn on the Treasury for same. I I I 6-26-00 D. Approved the minutes of the June 6th and June 12th, 2000 regular adjourned meetings. E. Approved the proposal of MuniFinancial, a division of Willdan Associates, for Special District Administration of the Surfside Assessment District 94-1 for fiscal year 2000/2001. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried AWARD OF BID - SEAL BEACH BOULEVARD REHABILITATION - PROJECTS 754 and 990 Bids were received until June 21st at 10:00 a.m. for Seal Beach Boulevard Rehabilitation, Adolfo Lopez Drive to Beverly Manor Road, Projects 754 and 900, at which time they were publicly opened by the City Clerk as follows: E. C. Construction All American Asphalt palp, Inc. (Excel paving) Sully Miller R. J. Noble Silvia Construction $749,082.71 $766,696.45 $771,557.22 $780,478.35 $826,964.83 $844,884.79 Boyd moved, second by Doane, to award the contract for projects 754 and 790, Seal Beach Boulevard Rehabilitation, to E.C. Construction Company in the amount of $749,082.71, and authorized the City Manager to execute the contract on behalf of the City. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried AWARD OF BID - INTERSECTION IMPROVEMENTS - PACIFIC COAST HIGHWAY/BALBOA DRIVE - PROJECT NUMBER 822 Bids were received until June 21st at 10:30 a.m. for Pacific Coast Highway Intersection Improvements, Project Number 822, at which time they were publicly opened by the City Clerk as follows: E.C. construction BA Construction Sully Miller palp, Inc. (Excel Paving) $ 93,810.50 $107,287.00 $137,175.51 $149,613.00 Boyd moved, second by Doane, to award the contract for project Number 822, PCH and Balboa Drive Intersection Improvements, to E.C. Construction in the amount of $93,810.50, and authorized the City Manager to execute the contract on behalf of the City. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried RESOLUTION NUMBER 4815 - CIRCULATION ELEMENT -MEASURE M ELIGIBILITY The Director of Public Works reported that this item is a recertification of the City's eligibility for Measure M funding, that the General Plan Circulation Element is consistent with the Master Plan of Arterial Highways, and that there are no unilateral reduction in lanes on any Master Plan arterials. To a question of Councilman Larson with regard to reduction of lanes as that relates to the Marina 6-26-00 Drive bridge, the Director explained that Marina Drive is designated as a secondary roadway, is not required to be a four lane facility and can actually be two lanes as is Electric Avenue adjacent to the greenbelt, in the case of Marina Drive the lanes are being reduced however that does not reduce the City's standing with the Master Plan of Arterial Highways. Boyd moved, second by Doane, to adopt Resolution Number 4815 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4815 was waived. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried AWARD OF SOLE SOURCE BID - ON-SITE SODIUM HYPO CHLORITE GENERATION SYSTEM - PROJECT NUMBER 819 Boyd moved, second by Larson, to award the contract to install a sodium hypo-chlorite generation system to Chemical Services Company in the amount of $85,000, that the purchase of replacement water meter reading equipment is exempt from bidding in accordance with Section 2-25(c) and (f) of the City Code, which provides for purchasing utilizing a sole source vendor when it would be in the best interest of the City to dispense with standard bidding practices, the recommended equipment is only available through one known vendor and it is in the best interest of the City to purchase this equipment to insure compatibility with the City's existing water chlorination system, and authorized the City Manager to execute the contract on behalf of the City. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried PROFESSIONAL SERVICES AGREEMENT - FINANCIAL ENGINEERING CONSULTING SERVICES - BIXBY OLD RANCH TOWNE CENTER PROJECT Councilman Boyd moved to approve a Professional Services Agreement with Harris & Associates to perform financial engineering in conjunction with the proposed Community Facilities District (CFD) for the Bixby Old Ranch Towne Center project at a cost not to exceed $79,000, and authorized the City Manager to execute the Agreement on behalf of the City. Councilman Boyd noted that these services are not paid by the City, they are part of the development agreement. The Public Works Director stated that these types of services are selected on a quality based selection pursuant to law, staff has reviewed the firms that do this type of work, what is being proposed is competitive, the $79,000 is the worst case scenario, the desire is to have options should the City decide to modify the district which is solely to maintain the landscaping in conjunction with the Bixby Old Ranch Towne Center project, this will handle the maintenance, the issue of wrapping in the construction is something that will be discussed with the Bixby Company, there will likely be some mix and match of the scopes as to how the City and Bixby want to set this up, ultimately all of the costs will be rolled into the assessment district so that there will be no cost to the public, rather, it will be the major property owners as a levy on their annual tax assessment. Councilman Larson seconded the motion. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried 6-26-00 I DEDICATION / AMENDED FLOOD PLAIN EASEMENT / ASSIGNMENT - AREAS "A" and "B" - BIXBY OLD RANCH TOWNE CENTER PROJECT The Director of Development Services presented the staff report, explained that the proposed dedications are of the greenbelt areas along Lampson Avenue and Seal Beach Boulevard that were established by the Council at the time of approval of the project, the Development Agreement allowed the City the option of accepting these as a fee dedication or to maintain them as an easement on the adjoining commercial and golf course properties, this item is an offer of dedication to the City and that in conjunction with the item previously approved, the Community Facilities District, would then maintain the landscaping and improvements within those open space/greenbelt areas. There is also an amended legal description for the floodplain easement area that has been in existence on the golf course since its inception, the amended description conforms to the new hydrology studies that have been done to ensure the proper retention of one hundred year storms, the final item is for information purposes advising the Council, as required by the Development Agreement, that prior to the actual transfer of the property from Bixby Ranch Company to any future landowners the City is informed, the notice advises that Bixby is ready to transfer title of the properties to a limited liability corporation for the twenty- six acre commercial shopping center and those portions of the property located at the corner of Seal Beach Boulevard and Lampson not including the hotel project site and the Marriott Senior Care facility. I Boyd moved, second by Larson, to accept the offers of dedication, approve the declaration of amended flood plain easement, receive and file the Notice of Proposed Assignment, and authorized the City Manager to execute said documents on behalf of the City. The City Attorney explained that prior to the action there had been some minor changes, when drafted the pylon sign was on the twenty-five acre site rather than the thirteen acre site therefore the two grant deeds have been revised to reflect that the sign on the thirteen acre site is for the benefit of the twenty-five acre site, is not located on the twenty-five acre site, his office has approved the documents and staff is aware of the encumbrances, the City is taking the property subject to certain easements and rights. 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 8:27 p.m. The Council reconvened at 8:40 p.m. with Mayor Campbell calling the meeting to order. I ORDINANCE NUMBER 1463-A / ORDINANCE NUMBER 1463 - MOBILEHOME PARK CONVERSION The City Attorney presented two Ordinances for consideration, the recommendation was to hold first reading on Ordinance 1463 and to adopt Ordinance 1463-A. The City Attorney explained that this is a standard mobilehome park conversion ordinance designed to protect the residents of any trailer park or mobilehome park in the City from being forced to move without some type of mitigation, the ordinance is fairly standard, patterned after ordinances in the cities of Carson and Pacifica, the Carson ordinance was drafted by his office, tested in court, both the trial court and the appeals court confirmed the constitutionality of that ordinance. He stated that prior to the closure of any park a conversion impact 6-26-00 report must be prepared which will describe the impacts of the conversion on the residents and also require mitigation to alleviate the adverse impact of such conversion. Before the closure of any mobilehome park there are four to five steps that must be completed, the first is a pre-conversion questionnaire from the park owner to the residents asking certain questions such as the purchase date and purchase price of the mobile home, the amount and terms of any outstanding mortgage, mobile home improvements, and any circumstance including but not limited to, a job'location that would restrict any relocation areas, once the questionnaire is completed then a conversion impact report is prepared which identifies the impacts of the closure and mitigates any adverse impacts, step three would be a public hearing after completion of the impact report at which time the Planning Commission would consider the report, the suggested mitigation measures, then either approve the report, conditionally approve the report, or reject the report. The Attorney said assuming that the report is either approved or conditionally approved step four would be the certificate of acceptance where the park owner would need to accept all of the conditions, that would be recorded against the property, step five is the actual performance of the mitigation measures, that is where the park owner is required to provide relocation assistance and other forms of support to residents being displaced. Councilman Yost made reference to Section 24A-6, subsection 11, pointing out that the price per trailer is the on-site fair market value at that location in Seal Beach with the Park maintained in good working order. I Councilman Boyd moved to adopt Ordinance Number 1463-A entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING A NEW CHAPTER 24A TO THE CODE OF THE CITY OF SEAL BEACH RELATING TO MOBILEHOME PARK CONVERSION AND DECLARING THE URGENCY THEREOF" and approve the introduction and first reading of Ordinance Number 1463 entitled AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING A NEW CHAPTER 24A TO THE CODE OF THE CITY OF SEAL BEACH RELATING TO MOBILEHOME PARK CONVERSION." I Mr. Frank Boychuck, Trailer Park resident, expressed appreciation to the Council and the City for being supportive and protecting the resident's security with regard to the issues at the Trailer Park. Mr. Boychuck said he has lived in the Park for over twenty years, he has had a lot of experience, for the majority of that time the Park was owned by Mr. Dawson, a person who allow the residents to invest and build their homes with city approval, however since the Park was purchased about a year ago the residents have endured much emotional distress and harassment, pressures by the new owner in reference to rent and threats to close the Park. Mr. Boychuck offered that there has recently been a threat of building a hotel, also of converting the Park to another use by putting in two story mobile homes, the owner first told the residents that the travel trailers would have to move in order to put in two story mobile homes. Mr. Boychuck mentioned that the Park is made up of families and friends, many people related, this is a personal issue to the residents, this effects daily lives, where one is going to live and the financial commitment to ones home. Mr. Boychuck commended the City Attorney and his firm for the well written ordinance. He questioned however if a price can be placed on the amount of work and the relationships that exist in the park, even if paid fair market value for their units, where would the people go, this is a disconcerting situation even though there would be compensation financially, the residents I I I I 6-26-00 want to stay in this beautiful City of Seal Beach with its beautiful people. Mr. Boychuck mentioned that the owner has been offered $6.4 million to purchase the Park, he is urged to accept that offer, ways to negotiate that purchase with the owner are being looked at, the only change suggested to the ordinance would be an additional reference to cabanas or the descriptive word appurtenances which would include any improvements to the existing unit which would include cabanas, also that the ordinance run with the land which would give the tenants a sense of peacefulness and lessen some of the anxiety. Mr. Boychuck expressed appreciation to the Council for their efforts on behalf of the Park residents, and urged the adoption of the ordinances proposed. Mr. Jay Fisher, Welcome Lane, also thanked the Council for their help, stated that he has resided in the Park for fifteen years, is rooted in the community and schools, the Park is their home and their life. Mr. Glen Clark, Cottonwood Lane, offered that it is not very often in this State that one will find a Council that works as hard as this on the behalf of the people, for that he conveyed appreciation on behalf of the Park residents, Seal Beach a special place to live, they feel fortunate to be here, and it has been said that it is difficult to bring forward this type of ordinance for consideration. The City Attorney stated that it has always been the position of his firm that under the Covenants the Park owner must provide one hundred twenty units of affordable housing thus can not close the park, it was not certain that this Ordinance would be necessary for this particular Park however under an abundance of caution it was felt time to adopt the Ordinance which provides another element of safety in addition to the Covenant. The Attorney made reference to definition "K", the word 'cabana' added, in response to Council the word 'appurtenances' could be added if desired by Council, Section 24A-6, subsection A-5 amended to read 'Any offers to sell or buy the mobilehome park or the property upon which it is located,' those were the changes incorporated plus correction of typographical errors. Ms. Sue Corbin, Seal Beach, inquired as to the urgency and whether or not the Park owner was notified of this proposed Ordinance. The City Attorney explained that the declaration of urgency is set forth in the Ordinance and that the Park owner received the same notice as did the general public. It was clarified that this Ordinance would protect any mobilehome park in the City as that term is defined in the Ordinance. Mr. Larry Cardwell, Trailer Park, made reference to Section 24A-6, subsection 14, that speaks to mobilehome parks within a fifty mile radius, and asked if that could be reduced to twenty-five miles from ones work and/or commute. To that the City Attorney responded that the fifty mile radius was taken from the ordinances that have been upheld in court, without further research he would not be comfortable with the concept of reducing the distance, it might be limiting to the extent that would render the Ordinance meaningless, there is uncertainty as to.what parks may be within a twenty-five to thirty mile radius, further, the rights of the property owner can not be unduly restricted, and recommended that the fifty mile radius be retained unless further research is desired. Mr. Cardwell mentioned that there was one ordinance that cited thirty miles, assumed to be court tested too, to that it was noted that the Carson ordinance had been tested in court. A suggestion was made by Council that the urgency ordinance be approved as presented, 6-26-00 that the standard ordinance receive first reading and that more research on the mile radius be done prior to second reading. councilman Yost seconded the motion to adopt Ordinance 1463-A. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I Boyd moved, second by Yost, to approve the introduction and first reading of Ordinance Number 1463. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried The City Attorney advised that Ordinance Number 1463 will be presented for second reading at the next meeting. ORANGE COUNTY FIRE AUTHORITY - FIRE SERVICES / EMERGENCY MEDICAL SERVICES AGREEMENT The City Manager reported that this Agreement is the final step in dealing with the equity study issue, the basic provisions are the caps on the annual adjustment to no more than a 3.5 percent increase for the first five years and no more than 4 percent for the second five years of a ten year Joint Powers Agreement, there are also provisions and protections that require a process before the Fire Authority could change any staffing levels or services provided to the community. Councilman Boyd mentioned that this Agreement is the result of an on-going effort of about two years, all of the Fire Authority cities will be adopting this Agreement, it assures a ten year contract, from the Fire Authority perspective it is important to solidify that organization, allows the Authority to move forward with long term financing to meet the regional needs. Councilman Boyd spoke for adoption and he too mentioned the cap on the City's expenditures for fire service for the upcoming ten years. Councilman Larson asked if this contract regulates where the emergency medical team takes patients. The response was that it does not, that is an operational issue, generally it is the closest receiving center. , I Boyd moved, second by Yost, to approve the Fire Services and Emergency Medical Services Agreement with the Orange County Fire Authority, and authorized the execution of the contract documents. Councilman Yost inquired as to the increase this year over last year, the response was 3.5 percent, about $120,000. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ORDINANCE NUMBER 1464 - UTILITY USERS TAX REDUCTION The City Manager presented the staff report, explaining this is a proposal to introduce Ordinance Number 1464 which in effect reduces the utility users tax by fourteen percent, from the current 11 percent to 9.5 percent as it applies to natural gas, electricity, and telephone. He mentioned that this issue comes about each year during the budget process when Council requests a review and analysis of the necessity of continuation of the utility tax at the current level, this year there was concern expressed with regard to the continued public acceptance of the tax at the 11 percent level with the pending development of the Bixby shopping center and the thirteen acre site with the hotel and the new revenue that will be realized when it is built, with the buildout of the I I I I I 6-26-00 Center the anticipated revenue to the City is $1.5 million per year. with regard to the Strategic Financial Plan that the City discussed a couple of years ago it was shown that there are an estimated $28 million of backlogged infrastructure projects that have been neglected over the years basically because of the lack of funds, a strategy was developed to address those projects once the income stream began to flow to the City, reducing the utility tax by any amount will have the effect of slowing the schedule to deal with these projects however it does not eliminate the ability to address them, after Council analysis it was determined that the City should move forward with the first reading of an ordinance reducing the utility users tax but that it not take effect until after the issuance of the certificates of occupancy for the major tenants of the shopping center so that there is some level of assurance that the revenues projected will commence before the City reduces the existing revenue source, in time the City would take in more net income than it would reduce in the utility tax and that would serve the purpose of dealing with the $28 million backlog of infrastructure projects, building reserves, and to deal with the buildings that have had no set aside over the years. The Manager said this is an issue that is not to be taken lightly, to reduce the utility tax is one thing, to add to it is another that would require a vote of the people, this has been given careful thought by the Council, it is now felt appropriate to initiate utility tax relief at such time as there is a secure new revenue source. .Councilman Doane expressed his belief that he has been the most supportive of reducing the utility users tax, he supports this effort, however as reflected in Section 6 of the Ordinance which states this shall not be adopted until ninety days following the certificates of occupancy for the primary tenants of the Towne Center, his preference would be that the language be changed to the 'opening for business of those four tenants' but the ninety days would remain before the utility tax revenue would be lost. Mayor Campbell inquired about the time lag between the certificates of occupancy and receipt of sales tax revenue. The Manager responded that there is generally a full quarter between when tax collections are made and the City receives its first disbursement, usually two quarters or three to six months before a full revenue stream is received. Mayor Campbell said it may be wise to allow one hundred eighty rather than ninety days, the cushion is $225,000, the budget is bare, possibly a reduction to 10 rather than 9.5 percent would be more prudent, especially given the $28 million of back projects. Mr. Gordon Shanks, Surf Place, said he is against this proposal in principal, yet understands what the Council is trying to do, there has been opposition to the utility tax and its amount, also, there has been allowance for those persons sixty-five years and over having limited income to have increased tax relief. Mr. Shanks offered that people will not understand this, they will read that the utility tax is being lowered but will not understand that it is tied to the opening of the Bixby major tenants, if the City had adequate money or if the State were to give back to the cities and schools the monies they should, there might be the ability to do that, it is known what the City receives now, the time to do this is when the new revenue starts to come into the City, on the basic principals of good government and financial management to give the impression to the people 6-26-00 that they are getting a tax cut is misleading and likely not good finance. Mr. Larry Cardwell, Trailer Park, asked if it would be possible to give a rebate, that could be recalled if necessary, rather than lowering the tax and at some point try to raise it. To the comments of Mr. Shanks, Councilman Doane pointed out that the increased exemption that was found by Councilman Boyd helped the senior population however it did not address the needs of low income persons who are not yet sixty-five years, therefore he supports this proposal subject to the effective date being ninety days from the opening for business rather than the certificates of occupancy. Councilman Larson said from his experience the pressure will be for issuance of the certificates of occupancy in that the businesses will likely open instantaneously, but that is an assurance that the businesses will start collecting money. He mentioned the City of Long Beach which has a utility tax rate of 10 percent however there is a ballot measure citywide to lower it, his feeling is that Seal Beach needs to get below ten percent to show good faith, yet by retaining the protection of when they open for business and the collection of tax, he would support the change. Mayor Campbell again mentioned having a time frame of one hundred eighty days. Councilman Boyd countered that he did not believe that is necessary, this would not be a $436,000 utility tax cut all at once, it will be phased over a year, it is likely there will be more sales tax revenue realized in the first one hundred eighty days than will be lost in utility tax for the same period. Councilman Boyd mentioned that he had made a proposal for a two percent reduction phased over two years, whether it be 2 percent or 1.5 percent it is good, it sends a clear message that the Council intends to reduce the tax. He noted. that the Ordinance is proposed for first reading however the intent is to not have second reading until the certificates of occupancy are issued which could be a year or more yet this Ordinance sets forth the commitment of the Council that tax reduction is a purposeful means to spur economic growth in the community. He pointed out also that Boeing is coming to the City with a subdivision map for two million square feet of high tech industrial clean technology manufacturing that will be sold to people who are the same or similar industries to Boeing, if those companies are lOOking to relocate, possibly to Seal Beach, one of the things they will look at is the amenities of the community, a lower utility tax will be helpful. I I Councilman Boyd moved to approve the introduction and first reading of Ordinance Number 1464 to lower the utility users tax to 9.5 percent. Councilman Yost seconded the motion. Councilman Yost mentioned that lowering of the utility tax was an issue of all candidates in the last election, literature relating to the referendum too cited possible reduction of that tax should the commercial center be realized, it is important then to support the reduction and let the community know that what is said is meant. He agreed with Councilman Boyd with regard to the impact of the utility users tax on businesses, when the tax was raised it was a significant impact on Rockwell International, the lower utility tax may help to attract other businesses looking to possibly locate at the Boeing site, he will support the Ordinance even though he understands the concerns expressed by Mr. Shanks. I The motion was amended to read that the "Ordinance shall not be adopted until one hundred eighty (180) days following the 6-26-00 opening of the four primary tenants of the Bixby Towne Center....., accepted by the maker and second of the motion. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I The City Attorney clarified that second reading of the Ordinance will be held in a year or so. I ORDINANCE NUMBER 1465 - TREE PRESERVATION Ordinance Number 1465 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING A NEW CHAPTER 20A TO THE CODE OF THE CITY OF SEAL BEACH RELATING TO TREE PRESERVATION." By unanimous consent, full reading of Ordinance Number 1465 was waived. The Director of Recreation and Parks presented the staff report, explained that the proposed Ordinance provides guidelines to preserve and protect the urban forest and promote the health and safety of City trees from the time of planting to maturity, the Ordinance was developed in cooperation with the volunteer tree advisory board. She stated that specific points of the Ordinance are that it reinforces the City's commitment to follow national pruning standards set by the International Society of Arboriculture and the California Department of Forestry and Fire Protection, addresses licensing requirements for tree trimming operations, allows licensed gardeners to provide routine tree trimming on private property within acceptable guidelines, restates the City's policy regarding tree topping, prohibits the removal, destruction or unauthorized pruning of any publicly owned trees including parkway and median trees, establishes penalties for violation, sets replacement standards, and completes the requirements for the City to be designated as a Tree City USA by the National Arbor Day Foundation. Councilman Boyd moved to approve the introduction and first reading of Ordinance Number 1465. Councilman Yost seconded the motion. I Mr. Gordon Shanks, Surf Place, recognized that the City has done a good job of improving the trees in the City. It was acknowledged that the area between the sidewalk and curb is public property. Mr. Shanks expressed his opinion that bad bills for a good purpose are not worthwhile, read Section 20A-5 of the Ordinance relating to pruning and corner clearance which he deemed would pose liability problems particularly where a person is non-insured and liability is then shifted to the owner of the property, not the City, then read Section 20A-6 relating to tree service providers, that they shall hold a City business license and be a certified arborist or hold a class C-27 contractors license, to which he stated he could not foresee that everyone will hold those types of licenses or have those qualifications, this will pose problems. In reference to Section 20A-5, Mayor Campbell suggested that there be language that would not allow the blocking of stop signs, will it be the responsibility of the property owner or the City to prune those trees, under the Ordinance a person could be cited for how they trim the trees in their backyard on their own property. Councilman Boyd said his understanding is that this requires that the public right-of- way be kept clear of private trees, there are continual complaints with regard to the trimming of trees yet they are quite often private trees that have encroached public 6-26-00 property. Councilman Boyd suggested that the language of Section 20A-5 be amended to read "...or obstruct the view of any street intersection or road control device..." Mayor Campbell requested that reference to "private" property be deleted from Section 20A-6, the right of people to trim trees in their own yard should not be taken away, and agreed to amend the second sentence of that Section to read "...However, any gardener holding a valid City business license, or property owner, may perform maintenance on trees on private property." The City Manager explained that the intent of the tree preservation advocates was to prohibit or discourage the topping or disfiguring of trees, to develop an ordinance that would prohibit topping would be an intrusion on private property rights, or as stated in this ordinance there could be some form of licensing or certification requirement that would be reflective of background and training in proper techniques, the requirement to be a registered arborist too is somewhat intrusive for private property where a long time gardener would no longer be able to perform the services, and the three foot length was to discourage topping. The Manager recommended that Section 20A-6 be deleted in its entirety. It was suggested however that the City have a policy where they only retain the services of arborists. Councilman Larson expressed his opinion that the City should not be telling people what they can do on their property, however mentioned that as a result of poor trimming practices in the past, Leisure World is now retaining the services of an arborist to determine what steps should be taken with regard to tree trimming, and that is a decision that should be left to the Leisure World community, not the City. Mayor Campbell read excerpts of Section 20A-7 relating to violations and penalties, the trees in the parkway are being considered as public property, even in areas such as College Park East where they are in the three foot front easement, the tree is considered public property no matter who planted it, if someone were to remove one of the old original trees, where they were not nice trees and most are now gone, inquired as to what would be the amount of the fine. The City Attorney responded that Section 20A-7 makes reference to Section 1-8, the standard violation section of the Code, this would be a misdemeanor, the fine could be up to $1,000, that is the maximum in this community, yet the City prosecutor has the discretion to charge for an infraction, it is believed they start at $100 and are capped at $500, with regard to the cost of replacement he would defer to the Recreation Director. The Director advised that there is a standard from the International Board of Horticulture depending upon the health and size of the tree, a cases by case basis determination. Councilman Larson suggested that the word 'owe' be changed as no one owes the City unless there is a judgment of some sort, to that it was suggested that the language be changed to read "...violating party shall reimburse the City..." I I As the maker of the motion, Councilman Boyd stated he would accept the revisions to Ordinance Number 1465 as stated. Councilman Doane advised he could not support the Ordinance as revised, his preference was the original writing. The City Attorney restated the revisions, deletion of Section 20A-6, the words "road control devices" added to Section 20A- 5, and the word owe replaced with the word reimburse in Section 20A-7, and noted that pursuant to the direction of Council there are other corresponding changes to make it clear that this applies only to trees on public property except for those adjacent to rights-of-way that will still be I 6-26-00 I required to be pruned. After further discussion the heading of Section 20A-5 was changed from Pruning, Corner Clearance to Pruning, Right-of-Way Clearance, also clarified that the last sentence of that Section applies to trees abutting private property, a tree that obstructs the right-of-way. Councilman Doane asked if these changes would change the City's ability to apply for the Tree City designation, the response was that it is not believed it will. The Director of Public Works mentioned the addition of language relating to the view.or sight distance at intersections, that would involve trees on private property in conjunction with a judgment, at a stop or uncontrolled intersections the city wants the ability to require a property owner to trim a tree or shrub should it obstruct the safety of the intersection with respect to its function, the sight distance issue may be a duplication of language in another ordinance which he offered to research. Given further comments the suggestion of the Public Works Director was that Section 20A-5 be rewritten. Thereafter the motion was withdrawn and it was the order of the Chair to continue Ordinance Number 1465 until the next meeting. I STATUS REPORT - STREET TREE PROJECTS - FUNDING STRATEGIES The City Manager offered that given the increased activities of the Trees For Seal Beach Foundation it would seem to be timely to provide an update for information of the Council, the residents of Ocean Avenue, and ultimately citywide. Mr. Jim Watson, 101 Main Street, introduced himself as the president of Trees For Seal Beach, organized in October, 1999 and received tax exempt status two to three months ago. The Director of Public Works reported that Zimmerman Engineering has been doing some design work paid for by the Foundation and the City jointly, the participation of by the City is to resolve some drainage issues, the Foundation looking at enhancements. The Director showed concept plans for Ocean Avenue at 3rd Street of devices to enhance and calm traffic, the traffic calming accomplished through a center median of about six feet in width on either side of the approaching intersection, this a concept that could ultimately be extended the entire length of each block if desired, this narrows the lanes somewhat but allows ample room for vehicle and bicycle travel, another feature is a bulb out that occurs at each corner of the intersection and extended wherever possible where no parking will be lost, the legal parking spaces kept in tact, a similar treatment on the other side of the street except somewhat smaller in order to not lose any legal parking, this offers an enhanced area for tree planting and landscaping, there are also some decorative crosswalks that could be stamped concrete or some type of paver, the ramps at the corners will be put back into place so that pedestrian access will be. maintained. He noted there are conceptual drawings for 6th, 11th, and 12th Streets as well with somewhat similar applications. The Manager mentioned again that the involvement of the City stemmed from some chronic drainage problems, street corrosion, curbs and gutters, a fairly major project that the City will need to address sooner or later. When the City was approached by the property owners along Ocean Avenue with the concept of their wanting to contribute to a fund to expedite enhancements to that Street it made sense to also begin some of the preliminary design and engineering work that will need to be done to address the drainage problems and ultimately the resurfacing of that street. Mr. Watson reported having a petition signed only by those residents who own property or live in the immediate area affected by the demonstration I 6-26-00 project. He mentioned that since October there have been hundreds of hours devoted to meetings and discussions relating to this project, the concept has changed significantly since it began, initially the idea was to bring more landscaping and trees to the area, after considerable discussion it was determined that the priority issue was safety, second was landscaping and the environment, the medians and the bulb outs are what solved the safety issues, people drive Ocean at forty to fifty miles per hour every day, run the stop signs, this is a major concern. Mr. Watson mentioned that there was a funding issue as well, to do the areas from First to Main Streets would likely be about $400,000, the Foundation is looking to do this privately, the initial focus is on the areas where there was no great difficulty in raising the funds to do the initial improvements, the Foundation settled on doing demonstration proj~cts, the 3rd and Ocean project will cost between $50,000 to $60,000, is funded, 6th Street will be funded, about $40,000, a good portion of 12th Street will be funded by Mr. Caviola, committing to do the median between 11th and 12th Streets and south on Ocean from 12th Street, he would like to take it the entire block if the funding can be obtained. Mr. Watson stated that these are the demonstration projects for which there are funds or commitments for funds from people who want to become involved with phase two therefore the extent of phase two is not known so the intent is to complete phase one, there is a confident feeling that there will be significant contributions to do additional intersections and medians from about First to Seventh Streets, there may be different issues at 7th and 8th due to Eisenhower Park, the view issue, also the type of trees, but it is felt that from 1st to 7th the intersections could be somewhat consistent, would enhance the neighborhood and the City, will be environmentally friendly as well as slow traffic. The City Manager mentioned again that this is merely the design concept, this matter will come back to the Council for final approval. To the question of loss of parking spaces, the Director of Public Works reported that during the design process the designer was instructed that not one parking space was to be lost, the distances between driveways and areas where a vehicle could be legally parked were measured, calculated how many cars could be legally parked, a parking space is generally defined as between twenty to twenty-two feet long according to municipal standards, however that does not mean that in areas that are unmarked that a couple extra smaller cars could not be parked, what is being looked at is the legal spaces that must be maintained, there are no spaces lost from a legal perspective. With regard to a coastal permit, the Director said in theory this could be run by the Coastal Commission however it is a landscaping project, it affects no usage, no parking is lost, the environmental documentation could be looked at, but there are no real issues associated with the project. Councilman Yost stated he is supportive of traffic calming and the use of private money where possible to do improvements. Mr. Watson confirmed that his residence and his office are located on Ocean Avenue therefore he has great interest in the street. Councilman Boyd commended the project and the efforts of Mr. Watson, this couples private dollars with private and public efforts, mentioning also the grant that has been awarded for a median on Marina Drive, similar to that on Electric, that will commence this year and run from 1st to Pacific Coast Highway, it will reduce the number of traffic lanes and the amount of asphalt in the community. Mr. Watson expressed appreciation to the staff for their assistance, their I I I 6-26-00 suggestions that have been incorporated makes this a better project, there had been mention of delaying this item until the next meeting however the plans are completed and they would appreciate approval so that the bidding of the project can commence. Mr. Watson was advised to wait the two weeks until the next meeting, which he accepted. I Councilman Larson asked if anything could be done with regard to the extra large vehicles that park on Main Street which makes the passage of two cars quite difficult. The Public works Director offered to look into it, possibly look at what regulations could be put in place. I PUBLIC HEARING / RESOLUTION NUMBER 4816 - COMPREHENSIVE FEE RESOLUTION The Director of Administrative Service noted that the Comprehensive Fee Resolution is reviewed annually, the changes for fiscal year 2000/2001 relate to 1) Transportation Facilities and Programs Development Fees and Transportation Facilities and Programs Development Application Fees, increased 3.3 percent; 2) the vehicle release fee increased from $15.00 to $20.00; 3) the Special Trash Removal Type A increased from $17.50 to $45.00 and Type B increased from $8.00 to $30.00; 4) the Lot Line Adjustment Map Checking initial minimum deposit increased by $50.00 to $350.00; 5) the Sewer Service Connection Charges established for residential, commercial, industrial, and governmental; 6) the minimum deposit of $250.00 for Fire Hydrant Flow Testing established; and 7) the water use/billing fees were established and increased to recover labor costs and overhead, the water turn-on fee increased from $15.00 to $20.00, and a ten percent late payment penalty established for water bills paid after thirty-five days. Mayor Campbell declared the public hearing open to consider fees and charges for goods and services as set forth in the Comprehensive Fee Schedule. The City Clerk certified that notice of the public hearing had been advertised as required by law and reported no communications have been received. There were no comments from the audience, Mayor Campbell declared the public hearing closed. Larson moved, second by Boyd, to adopt Resolution Number 4816 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING THE RATES AND AMOUNTS OF FEES AND CHARGES FOR GOODS, SERVICES AND FACILITIES PROVIDED BY THE CITY OF SEAL BEACH AND SUPERSEDING INCONSISTENT PROVISIONS OF RESOLUTIONS 4114, 4195, 4234, 4250, 4442, 4494, 4499, 4519, 4545, 4550, 4650, 4718, AND 4751." By unanimous consent, full reading of Resolution Number 4816 was waived. I Councilman Boyd made reference to Section 3-E relating to the Main Street Specific plan In-Lieu Parking Fees, and noted the lengthy debates on this issue. Councilman Boyd mentioned that there have been three separate reports that have placed a value on a deficient space, the last report valued the space at $9,620 yet the current charge by the City is $3,500, and suggested that the current fee be raised to the $9,620 amount, if a business is deficient parking spaces that are required by Code then the cost should be substantial enough to create a parking space in the future, that is the purpose of in-lieu parking. The Mayor noted that the in-lieu parking fee was an item of discussion at the Planning commission level for about three years and the fee established was not an arbitrary decision. The Director of Development Services 6-26-00 mentioned that the $3,500 was based on Council discussion and policy decision as a reasonable charge, considerable discussion at both the Commission and Council levels with the thought that this was a means of encouraging certain types of land use without eliminating future changes of uses of buildings, again, that would be a policy decision of the City Council. He clarified that the previous fee had been $100 per space per year, the $3,500 is a one time cost. With regard to whether this issue could be dealt with at this meeting, the City Attorney advised that the in-lieu fee was not part of the original hearing notice therefore would need to be renoticed, and it is not believed this would require Planning Commission consideration. Councilman Boyd again mentioned the lengthy debate that occurs with each application that requires in-lieu parking, the comments over time that these are the least expensive parking spaces along the coast, objected to an operator having the ability to merely write a check for deficient parking, a fee of $9,620 would in turn help to better manage the parking issue. He supported noticing this matter for a future meeting. Councilman Yost said his preference would be to have more lead time and a staff report citing the recommendations of the consultants, etc. The City Attorney offered that the comprehensive fee resolution could be adopted as proposed and then a motion would be acceptable to notice a hearing to consider the parking in-lieu fee. I Vote on the motion to approve Resolution Number 4816 as presented: AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I Councilman Boyd moved to notice a public hearing to consider the Main Street Specific Plan In-Lieu Parking Fees. Councilman Larson seconded the motion. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried Council was advised that hearing may be scheduled for the second meeting in July or the first in August. PUBLIC HEARING / RESOLUTION NUMBER 4817 - ADOPTING 2000/2001 FISCAL YEAR BUDGET Mayor Campbell declared the public hearing open to consider the 2000/2001 fiscal year budget. The City Clerk certified that notice of the public hearing was advertised as required by law and that no communications have been received relating to this matter. The City Manager presented the staff report, explained that the budget is balanced, believed to be designed to reflect the priorities of the City Council, the 2000/2001 budget has no major changes to the work program, it sustains the stabilized yet somewhat precarious financial position, does provide an additional set aside for the contractually required Orange County Cities Risk Management reserve for public liability, and while addressing some of the infrastructure needs it does represent a partial postponement of the Council funding goals of the reserves, which will need to occur over time, that postponement due to some degree to the delays of the Bixby Towne Center. He said the budget is felt to be a reasonable approach to balancing the needs of the community with fiscally responsible attention to the shortfall of reserves, this was achieved only after careful review of all requested expenditures and I 6-26-00 I the elimination or postponement of any expenditures that could be set aside, while still adhering to the stated goals and objectives of the Council. The Director of Administrative Services presented visuals setting forth the revenues and expenditures as proposed, revenues projected to be $33,866,371, of that $13,981,400 is non-restricted revenue which basically goes to the General Fund for operating expenses, $12,598,242 are restricted revenues received from the federal, State, and County governments for capital projects, this is a significant amount of revenue as compared to prior years. She mentioned that the Redevelopment Agency funds, $2,096,000, are also restricted revenues, part goes to the low and moderate housing set aside, part for bond payments of principal and interest, the Enterprise Funds are the Water and Sewer funds which is about $3.2 million, this is in general the type of revenues coming in, what can be spent for General Fund operations and the restricted funds. The Director showed a graph of the 2000/2001 appropriations, $35,216,840, an amount in excess of revenues, the reason is that there were revenues coming to the City from prior fiscal years, Measure M and gas tax monies are examples, that were directed to specific capital projects that will be completed in 2000/ 2001, the difference between revenues and appropriations do not affect the General Fund in any way. She explained further that the general government category of four percent is primarily administration operations, public safety is police and fire services, twenty-four percent of the budget, about $8.4 million, community development is about $703,000, capital improvements about $13.4 million. The sales tax is six percent, about $1.6 million, the utility users tax is $3.2 million, property tax about $2.4 million, there are supplemental taxes, property tax is broken down as to secured and unsecured, the transient occupancy tax is about $285,000, the total being $8.4, the motor vehicle in- lieu tax is $1.3 million, the fines, forfeitures and penalties include motor vehicle fines and parking citations. The General Fund expenditures are $13.4 million, public safety is about sixty percent of the General Fund operating budget, about $7.9 million, the transfers out of $1.5 million are those General Fund monies to the Tidelands Beach fund which is basically the Lifeguard Department, beach and pier maintenance, about $500,000, the Parks and Recreation transfer is around $322,000, the Maintenance fund of $1.3 million covers building and street maintenance, and landscaping. There being no public comments, Mayor Campbell declared the public hearing closed. I I Boyd moved, second by Larson, to adopt Resolution Number 4817 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING FISCAL YEAR 2000/2001 BUDGET, SETTING APPROPRIATION LIMIT AND AUTHORIZING. APPROPRIATIONS BY FUND." By unanimous consent, full reading of Resolution Number 4817 was waived; It was confirmed that the budget reflects the addition of the Deputy City Clerk position and retains the two part time positions. Councilman Boyd expressed appreciation to staff for making streets and sidewalks, curbs, and gutters a high priority in this budget. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CITY ATTORNEY REPORT The City Attorney reported that the City has executed two settlement agreements, one with the City of Los Alamitos, the second with the other parties to the Bixby Old Ranch Towne 6-26-00 Center lawsuit, in this case the three petitioners sued the City of Seal Beach with regard to the Environmental Impact Report, the court directed that minor changes be made to the EIR, that was done, the court approved the EIR, the City of Los Alamitos appealed the decision of the trial court, there was also a motion filed by Los Alamitos for attorney fees, that motion was lost, a second appeal was filed, it is believed that Seal Beach was the last party to sign the settlement agreement, the case is over, the appeals will be dismissed, Los Alamitos will receive some monies from Bixby for traffic improvements, Bixby can proceed with their project, the City is not required to pay any money for the settlement or attorney fees, and the City looks forward to receiving sales tax revenue from the projec~ and needed street improvements. The City Attorney announced that both settlement agreements are public records. I CITY MANAGER REPORT The City Manager mentioned correspondence received from the County Librarian, John Adams, advising that there are discretionary funds available in the amount of $8,551, that proposed to be used to reupholster the remaining thirty-five pUblic seating chairs and to fill in the story hour pit in the childrens area. COUNCIL COMMENTS Councilman Yost reported that the Joint Rivers and Mountains Conservancy met last Friday at which time an Executive Director was selected, approximately $25 million was allocated to the Conservancy by way of the State budget however several individual elected representatives tried to earmark large amounts of that funding for their own use without going through the Conservancy so there is effort at this point to maintain that funding, more will be known shortly. Councilman Boyd noted that the recent sewage spill that originated in LaHabra as a result of a Sanitation District contractor error was approximately sixty thousand gallons that flowed from Coyote Creek, down the San Gabriel River, and then closed the Seal Beach beach, the Council in turn authorized the City Manager to pursue recovery of funds. He mentioned that the Manager and Public Works Director has since met with representatives of the Sanitation District and in the report to the District Board it notes discussion of ways to reduce on-going beach pollution issues that impact Seal Beach, opportunities to reduce the number of po stings and water closures and by means of informing the public as to how they can help, the report noted as well the Seal Beach application for a matching grant in the amount of $224,100 for one mile sewer and manhole replacement in the Old Town area to be on the upcoming agenda, the project approved by District committees in May and June. He pointed out that the District is willing to commit time and energy and some engineering staff to help the City resolve some of its issues such as water quality and use of the grant funds last year. He thanked staff for their efforts. Councilman Boyd reported also that the City of San Diego was fined 3,470,000 by the Regional Water Control Board for a spill, this decision based upon the failure of the City to promptly replace its sewer lines after identifying the need to do so in 1991. Councilman Boyd requested that the meeting be adjourned in memory of Orange County Fire Authority, Fire Apparatus Engineer Kelly Ahumada, having passed away as a result of complications from a stroke. Mayor Campbell reported attending a memorial service for Seal Beach resident Georgiana Brown who has been politically active, member of I I 6-26-00 / 7-10-00 I the League of Women Voters, extensive traveler, a person who cared much for Seal Beach. The Mayor requested that the City Manager place the matter of the parking sign in the 8th/Central parking lot on the agenda for revision. To the Director of Development Services she noted her request of Bixby to rake the weeds from Basswood to the curve, they did that however they are now sitting in little piles, and requested that Bixby be asked that they be picked up. The response was affirmative. Mayor Campbell mentioned having attended Mrs. Boston's Tea Party at the Best of Times Tea Cottage, stated it was wonderful and recommended that those having interest attend the remaining performances. She announced the retirement dinner for Captain Maiten this coming Thursday evening, also that she and a member of the Council meet with the City Manager on Friday mornings for an information update, this week Councilman Boyd will attend as Councilman Doane will be unavailable. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting in memory of Fireman Kelly Ahumada. The meeting was adjourned by unanimous consent at 10:52 p.m. I Approved: "-/JdJJr;~t e~ Mayor Attest: Seal Beach, California July 10, 2000 The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost I Absent: None 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 Chief Cushman, Lifeguard Department Ms. Beard, Director of Recreation and Parks