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HomeMy WebLinkAboutCC AG PKT 2007-10-22 #C e e e AGENDA REPORT DATE: October 22,2007 TO: Honorable Mayor and City Council TIiRU: David Carmany. City Manager FROM: Linda Devine, City Clerk SUBJECT: APP~QV AL QF CITY CQUNCIL MINUTES SUMMARY QF REQUEST: Approve minutes for City Council: adjourned and regular meeting of August 24 2007. BACKGRQUND: None FINANCIAL IMPACT: None RECQMMENDATION: Approve minutes for City Council: adjourned and regular meeting of August 24,2007. ~~< ~J Lin a Devine, City Clerk NOTED AND APPROVED: c;e.:1' t""Q David Carmany, dity Manager Attachments: Minutes Agenda Item C e Seal Beach California September 24, 2007 Mayor Larson called the special closed session of the Seal Beach City Council to order at 6:00 p.m. in the City Hall Conference Room. The Special Meeting Notice read as follows: G) cay of Seal Beech 211 . 81h Street Seal Baach, CA 90740 562-431.2527 ; : CALL AND NOTICE OF SPECIAL MEETING OF THE SEAL BEACH CITY COUNCIL TO lHE PUBLIC AND MEMBERS OF lHE CITY COUNCIL OF lHE CITY OF SEAL BEACH: Charles Antos, 205 . 12th Slroet #B, Sui Beech John Larson, 13741 Annondele D~vo #18G, Seel Beach Mlcheel LIlY!ll, 1380WHbum Rood#81L, Sui Buch Gordon Shanks, 215 Surf Pia.., Seal Beach Ray Ybaben, 4373 Hualnul Avonu., S.al BHCh e YOU ARE HEREBY NOTIFIED THAT, pursuant to Sdon 54958 of Ihe Callfomla Govemm.nt Code, Mayor John Larson h.reby calla a special meating of Ih. S.al B.ach City Council to be convonad In th. City Council Confarenca room, S.al Beach Cay Hall, 211 - 8th Stro.t, S..I Beach, Callfomla, 90740 on Monday, Seplomb.r 24th, 2007 al6:oo a.m. Th. buslnaso to b. tranaactad allh. special moetlng Is .. follow.: 1. Clo.ad Session . oursuant to Govemm.nt Coda Section 54957.6 . Confarenc. with Labor Nsgollators City D.slgnatad N.gotiator.: Employe. Organizations: cay Manag.r & P.rsonn.1 Manag.r Pollc. OlIIc.r As.oclation Police Managemant As.oclation Execu1lvalMld . Manag.rs S.al B.ach Sup.rvlsors & Profeaslonals As.oclation Orsnga County Employees As.oclation (OCEA) 2. Closed Session - D1Jrsuant to GovBmment Code Section 54956.9(c1- Conference with Lagal Counsal, Initiation of Utigatlon Bas.d upon .xI.ting facts and clrcumstanc.., the City Council will b. con.ld.ring Ihe Initiation of lltigallon. Number of esse.: 5 Pi.... not. that membars of the public will be provld.d the opportunity to directly addres. Ihe City Council conc.mlng the Item. d...,~b.d above bolore the City Council consld.rs such Items. No oth.r bu.ln... .hall b. con.ld.red. e DATED TliIS 19th day of S.pt.mber, 2007. Is/ John H. Larson John H. Larson, Mayor City of Seal Beach e ROLL CALL Present: Page 2 . City Council 09-24-07 Mayor Larson Councilmembers Antos, Levitt, Shanks, Ybaben Mr. Carmany, City Manager Mr. Barrow, City Attorney Mayor Larson stated that this would be the time for members of the public to comment on the item identified on the agenda, there were no speakers. Also present: The City Attorney announced that pursuant to the Brown Act the Council would meet In closed session with regards to Government Code Section 54957.6 . Conference with Labor Negotiators and Government Code Section 54956.9(c) - Conference with Legal Counsel, Initiation of Litigation. dLOSED SESSION .. The Council recessed to Closed Session to discuss the items on the agenda. The City Council gave directions to the negotiator and City Attorney. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 7:00 p.m. e Approved: Attest: City Clerk City of Seal Beach Mayor City Clerk Seal Beach, California August 13,2007 The City Council of the City of Seal Beach met at 7:00 p.m. with Mayor Larson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Larson Council members Antos, Levitt, Shanks, Ybaben Also present: e Mr. Carmany, City Manager Mr. Barrow, City Attorney Ms. Yolsuya, Assistant City Manager Mr. Whittenberg, Director of Development Services Mr. Mastrosimone, Interim Director of Public Works Chief Kirkpatrick, Police Department Mr. Papa, Associate City Engineer Mr. Spitz, Associate City Engineer OCFA Representative Mrs. Devine, City Clerk Page - 3 City Council 09-24-07 e APPROVAL OF AGENDA Staff requested to remove Item "BB" from agenda. Items pulled from the consent calendar for separate consideration - "G" (Antos); ''0" (Ybaben); "S' (Larson); "Z' (Ybaben). Shanks moved, second by Ybaben, to approve the agenda as amended. AYES: NOES: Antos.Lamon,Le~tt,Shanks,Ybaben None Motion carried PRESENTATIONS/PROCLAMATION . Marine Lifeguard Nick Bolin gave a brief report and introduced the LIfeguards of the Year - Tower Guard Joseph Smith and Unit Guard Mike Westmoreland was not present, his brother Matt, a Seal Beach lifeguard, was present to receive the : recognition. . Mayor Pro Tern Ybaben presented a commendation to Brigadier General James P. Combs the commander of the Joint Forces Training Base In Los Alamltos. General Combs thanked the council and Introduced his wife Janet. . Battalion Chief Don Forsyth from OCFA received the Proclamation for Fire Prevention Week - October 7-13, 2007 and reminded everyone of the Imporlance of home escape plans and Invited everyone to attend the Open House on October 13th. e ORAL COMMUNICATION Mayor Larson declared Oral Communications to be open. Kim Masoner, Save Our Beach, thanked everyone for participating In this year's beach clean-up. Bob Rence, College Park West, expressed his concern over the trees In Edison Park and stated that there should be a uniform regulation on the maintenance of city parks. Unda Kruger, Seal Beach, thanked the council for pro~ding direction to have the dumpsters at the Jack-In-the-box moved away from their residence. Eldon Alexander, Old Town, stated that he was In favor of the agenda Item that would Increase the council compensation but did not believe that the City Council should cancel the meetings for next year - should meet as scheduled to give the public more opportunities to speak. Barbara Parker, Seal Beach, requested that the City do another noise level reading on the swim school next door to her and would like to see the swim school enclose the area around the pool. There were no other speakers; Mayor Larson declared Oral Communications closed. CITY ATTORNEY REPORT No report given. CITY MANAGER REPORT No report given. e COUNCIL COMMENTS Councllmembers Shanks, levitt, and Anios reported that they had attended the League of California Cities Annual Conference In Sacramento - workshop and meeting topics covered were on mediation and litigation; community groups; gang Intervention; and the proper way to handle ~cious and dangerous animals - the coastal cities met to discuss how to deal with the State Coastal Commission and their Local Coastal Plans. Councilman Ybaben clarifies that there are two separate Items for consideration - one Is for council compensation (item G) and a different one to cancel council scheduled meetings for 2008 (Item Fl. Mayor Larson agreed that it is imporlant that the coastal cities meet and work together to deal with the State Coastal Commission and Attorney General's office - cities can not go up against them alone. COUNCIL ITEM No items at this time. Page 4 - City Council 09-24-07 e CONSENT CALENDAR - ITEMS "A' thru 'Z" Antos moved, second by Shanks, to approve the recommended actions for the Items on the Consent Calendar as presented except for Items pulled for separate consideration - "G' (Antos); "Q" (Ybaben); 'S" (Larson); 'Z' (Ybaben). AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried A. Approved the waiver of reading In full of all resolutions and ordinances. B. Received and flied the staff report acknowledging City Council recognitions. C. Approved the minutes of City Council Regular Meeting held on August 13, 2007. D. Approved regular demands numbered 65674 through 66530 In the amount of $4,066,329.19; payroll demands numbered 65664 through 65940; 66150 through 66228; 66405 through 66468 In the amount of $726.522.01; and authorized warrants to be drawn on the Treasury for same. e E. Received and filed the monthly Investment reports for July, 2007 and August, 2007. F. Approved the cancellation of the City Council meetings for 2008. G. Removed for separate consideration (Antos). City Council Compensation H. Adopted Resolution Number 5593 entitled 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 08- 05 FOR 2007/2008 TO INCREASE ADMINISTRATIVE SERVICES (CONTRACT PROFESSIONAL SERVICES) FOR THE FORENSIC AUDIT." (Moreland & Associates, Inc.) Adopted Resolution Number 5594 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. CALIFORNIA APPROVING AMENDMENT TO AGREEMENT FOR AUDITING SERVICES." (Moreland & Associates, Inc.) I. Adopted Resolution Number 5595 entitled 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH DENNIS T. MIURA." e J. Adopted Resolution Number 5596 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH RATIFYING THE PROFESSIONAL SERVICES AGREEMENT BElWEEN THE CITY OF SEAL BEACH AND VINCE MASTROSIMONE FOR SERVICES AS INTERIM DIRECTOR OF PUBLIC WORKS." K. Adopted Resolution Number 5597 entitled 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALIFORNIA, FIXING THE EMPLOYER CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE MANAGEMENT, CONFIDENTIAL AND NON- REPRESENTED." Page - 5 City Council 09-24-07 e AdOpted Resolution Number 5598 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, FIXING THE EMPLOYER CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE ORANGE COUNTY EMPLOYEES ASSOCIATION." Adopted Resolution Number 5599 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, FIXING THE EMPLOYER CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE SEAL BEACH POLICE OFFICERS ASSOCIATION." Adopted Resolution Number 5600 entltied "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, FIXING THE EMPLOYER CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE SEAL BEACH POLICE MANAGEMENT ASSOCIATION." L. Approved thirty day notice of termination of financial consulting services with David Taussig & Associates for Community Facilities District No. 2005-0t "Pacific Gateway". M. Approved thirty day notice of termination of financial consulting services with David Taussig & Associates for Community Facilities District No. 2002-01 "Heron Polnte". e N. Adopted Resolution Number 5590 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT NO. 50156, NAVY BOOSTER STATION UPGRADES." O. Adopted Resolution Number 5601 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT NO. 50213, GUM GROVE EXPANSION AREA." P. Received and filed the staff report regarding the winter sand dlkeJberm tlmellne and construction activities. a. Removed for separate consideration (Ybaben). Zoeter Park Interim Landscape Plan. R. Adopted Resolution Number 5602 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DIRECTING THE CITY MANAGER' TO SIGN THE PROVISIONALLY ACCREDITED LEVEE (PAL) AGREEMENT." S. Removed for separete consideration (Larson). Authorize Budget Amendment - Resolution No. 5603. e T. Adopted Resolution Number 5604 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WIELAND ASSOCIATES, INC." (On-call noise monitoring services for Planning Department) U. Adopted Resolution Number 5604 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, Page 6 - City Council 09-24-07 e CALIFORNIA APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE, PROGRAM YEAR 2007-2008 AND AUTHORIZING EXECUTION OF CONTRACT NO. KC07733 (LEISURE WORLD ADA HOUSING REHABILITATION PROGRAM)." . Received and filed the staff report and Instructed staff to monllor the subject planning efforts by the Southern California Association of Governments (SCAG). W. Adopted Resolution Number 5609 entitied "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING EXPENDITURE OF CALIFORNIA LAW ENFORCEMENT ELECTRONIC EQUIPMENT PROGRAM (CLEEP) GRANT MONIES TO UPGRADE THE CITY EMERGENCY OPERATIONS CENTER." (Best Buy for Business as sole source vendor) V. X. Adopted Resolution Number 5606 entltied "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CHIEF OF POLICE TO SIGN THE WEST ORANGE COUNTY REGIONAL S.WA T. PROTOCOL." Y. Adopted Resolution Number 5607 entltied "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REGARDING CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) GRANT ASSISTANCE PROGRAM MONIES." e Z. Removed for separate consideration (Ybaben). Rivers EndlSan Gabriel River RMC Project. Antos,Larson,Le~tt,Shanks,Ybaben None Motion carried AYES: NOES: ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G"' CITY COUNCIL COMPENSATION Councilman Antos requested this Item be removed for separete consideration. The City Manager reported that staff Is requesllng direction from Council regarding the amending of the ordinance that sets the City Council compensation. The compensation is decided by the council In accordance with the limits established by the State Government Code (this would bring the amount 10 over $700 per month) and the City Charter Indicates that the limit Is set by ordinance (currentiy is set at $300 per month). The staff is recommending an Increase up 10 $500 per month. e Mayor Larson stated that by conditions of the State law the Increase in compensation would take place after the next municipal elecllon which would be November 2008. The City Attorney commented that up until 1990 the City Council compensation was $f25 per month pursuant to the Charter and in 1990 there was a Charter amendment 10 adopt the laws that were applicable 10 general law cities and was raised 10 $300 per month - under the Government Code section the Councll can raise the compensation 5% for each year from the last increase. Councilman Shanks said it hard to compare council 10 council on Just monthly meeting compensation - some cities allow other benefits (cell phone allowance, laptop computers, health benefits, eIl::.) that Seal Beach councllmembers do not receive. Page. 7 City Council 09-24-07 e Ybaben moved, second by Larson, to direct staff to prepare an ordinance to establIsh Council compensation at $600 per month for future City Council members and no other form of compensation be added. AYES: NOES: Larson, Le~tt,Shanks, Ybaben Antos Motion carried e ITEM .0" I ZOETER PARK LANDSCAPE I TREES FOR SEAL BEACH Councilman Ybaben requested to have this item be removed to discuss the staff recommendation and the offer made by the organization "Trees for Seal Beach". He stated that he did not object to the offer but has a concem over the placement of the trees and the statement In the staff report ''The ultimate use and configuration of Zoeter Park is scheduled as a work item for tha Parks and Recraation Commission and Traes for Seal Beach has agreed all trees planted under this plan are for the interim only and may be removed in the future." . It would be difficult to remove the already planted trees (opposltion from organizations outside of the city) . the concept Is good but should only plant trees that we are very confident that will remain permanent. Councilman Antos Indicated that It will take some time for the futura use of this site and It has been referrad to the Parks and Recreation Commission, will need publiC participation and Input, with final approval from City Council. Trees for Seal Beach Is aware that some of the trees will be removed or replanted somewhere else - this Is only an interim plan and supports the staff recommendation. Councilman Le~tt raquested to have a design that would show which trees would be planted permanentiy and let Council decide how many othar trees should be planted. Currentiy the illustration shows that this area would only be used as "sit under the shade and picnic" type of park . It has not been decided the purpose of this slle, whether Is should be passive or active. Councilman Shanks said the diagram shows what the site would look like after four or five years and allow the trees to get big. this is misleading. Antos moved, second by Shanks, to approve as recommended. (Substitute motion) Ybaben moved, second by Larson, to refer the design back to staff to re- submit a design in accordance to Council comments. AYES: NOES: Larson, Levitt, Ybaben Antos, Shanks Motion carried ITEM .S" I RESOLUTION NUMBER 5603 I BUDGET AMENDMENT NUMBER 08-06 Larson moved, second by Ybaben, to direct staff to remove line Item regarding Edison Park (tree trimming 001-044-40800 - $15,000) from Resolution Number 5603, refer to Parks and Recreation Commfsslon for an analysis of all operation conditions of the park, and re-submit budget amendment request. AYES: NOES: Antos,Larson,Le~tt,Shanks,Ybaben None Motion carried Ybaben moved, second by Antos, to approve Resolution Number 5603 entiUed "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT NO. 08-06 FOR 200712008 TO INCREASE CONTRACT PROFESSIONAL SERVICES IN THE STREET, LANDSCAPE, FLEET, AND BUILDING/FACILITIES MAINTENANCE DEPARTMENTS FOR ADDITIONAL ONE TIME EXPENDITURES." as amended and waive full reading of the resolution. e AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried ITEM "r I RIVERS ENDISAN GABRIEL RIVER RMC PROJECT Councilman Ybaben pulled this Item for clarification on the process of this project, how the changes will affect Seal Beach, and what controls will the City Page 8 - City Council 09-24-07 e have. The Director of Development Services gave a brief report - project funded by San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) - $500,000 grant for master plan for Improvements at the River's End restaurant and beach parking lot . passing of Prop 1 B will allow additional funding ($1.5 million) to expand the scope of the project to Include the improvement of the bike trail from the 405 freeway to River's End (includes resurface of the trail and new signage) and the City will also apply for other State grant funds. All plans will come to the City Council for approval; there will be other approvals that will be made before It Is presented to the Council. The City will have general control but will have to comply with grant conditions. The project manager will be the Director of Public Works and the Director of Development Services will be responsible for the environmental clearances and to coordinate with public works on the proper planning infonnatlon needed for the grant applications. Councilman Ybaben Inquired about a consideration of connecting the River's End to the parking lot off of Main Street with a trail on the sind behind the homes along the beach similar to the trail on the east side of the pier. The Director stated that this could be looked Into but pointed out that there would be some major pennitting Issues with the State Coastal Commission and this would not be resolved In the time frame of this project. Ybaben moved, second by Levitt, to receive and file the staff report. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried With no objection Mayor Larson called a recess at 7:55 p.m. and reconvened the meeting at 8:10p.m. e PUBLIC HEARING ITEM "BB" , RESOLUTION NUMBER 5608 , STATE COPS FUNDS' SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESFl GRANT """Item removed from agenda""" NEW BUSINESS ITEM "CC'" SEAL BEACH JAIL OPERATIONS AND ALTERNATIVES The Seal Beach Chief of Police indicated that radio stallon KFWB will be recording this item and also reminded Council that West Comm Open House will be September 25th from 2:00 to 4:00. The Chief reported that staff is requesting direction from Council In regards to the Seal Beach Jail operations. The comprehensive staff report presents the eight alternallve operational models - three are recommended and one highly recommended. Mayor Larson confirmed that altematlve eight would make the jail a full operating Jail, and asked If It would house prisonllrs for agencies other than those listed. The Chief responded that the Jail woulCl house only prisoners from these two agencies; all others would only be processed at Seal Beach Jail before being transferred to County Jail. Mayor Larson asked if Seal Beach Jail would have sufficient staff to operate efficiently. The Chief responded that It would. Mayor Larson then confirmed that other cities would no longer use Seal Beach jail for their prisoners. Chief Kirkpatrick stated that this was correct, with the exception of the City of Los Alamitos, which has a continuing intergovemmental agreement with the City of Seal Beach. Mayor Larson agreed that altematlve eight would be the best option. e Councilman Levitt stated that a~emallve four sounds a lot like eight with a prof~ potential built Into It, and asked if the jail could be primarily for city use, but have the option for taking in prisoners from other cilles or agencies, should vacancies exist The Chief stated that the potential would be there, and although alternative eight does not preclude this, alternative four was not pursued as neighboring Page - 9 City Council 09-24-07 e cities would save time and expense by going directly to County jail rather than availing themselves of services through Seal Beach jail. e Councilman Ybaben asked other than altematlve eight what option would the Chief most prefer. Chief Klrl<patrlck stated that he would elect altamatlve seven, which would have the jail operating stricUy as a booking facility and not a housing facility; this would require less staff, and eliminate all of the Issues related to housing prisoners. Councilman Ybaben confinned that the estimated annual cost for this would be $230,000. The Chief stated that the cost would be approximately $250,000. He emphasized that the objective is to return officers into the field as quickly as possible rather than having them tied up with booking prisoners. Councilman Ybaben stated that based on the Staff Report, n the jail Is closed, It will have to be recertified by the Califomla Correctional Standards Authority, which would require upgrading and modification to the current facility. Chief Klrl<patrick referred to Page 10 of the Staff Report which states that the CbCR has confirmed In writing that because the Jail has not been closed but has simply suspended Jail operations, and has maintained certified jail staff, the existing certifications would remain valid. Councilman Ybaben then questioned consultant's statements regarding the feasibility of adding and training 10 new swom employees within a short period of time. Chief Klrl<patrick stated that PO has made arrangements with three local agencies with state-(l9rtlfled treiners who can prepare these employees within 14 days. Also, PO has wrllten confinnatlon w~h Immigration and Customs Enforcement (ICE) that they will follow through with Seal Beach once required staff is In place, and the Bureau of Prisons (BOP) has provided verbal agreement to this. Councilman Ybaben noted that based upon the report, the City would have to "float" the cost depending upon govemment funding. Chief Klrl<patrick stated that based upon the contracts, Seal Beach would be paid, although it would not be In as timely a manner as might be expected. Councilman Ybaben stated that his bottom line is what is best for Seal Beach, and he Is not comfortable In risking much more In order to save $250,000. Chief KIrl<patr1ck explained that the market share for Jail beds Is very dismal, and although cities like Huntington Beach, Fullerton, and many others within the county are helping to meet this need, there Is stili a tremendous shortage, and he believes Seal Beach can help with this. He noted that he is attempting to use a city asset to Its fullest function and to do It cost free while maintaining the existing service level to the community. Councilman Ybaben stated that the shortage of beds appears to contradict the lack of offers from private vendors to operate the Seal Beach jail. Chief Kirl<patrick stated that he believes this Is a result of BOP and ICE refraining from doing business with nongovemmental entities, and because the market trend for these vendors Is a profit-sharing, risk-sharing, cost-sharing model, they did not want to go Into a. landlord-tenant relationship, as was proposed by Seal Beach. He noted that there are very few absolutely civilian-run, owned, and managed non- govemmental jail facilities to incarcerate short and long-tenn prisoners. For these reasons govemment agencies are reluctant to do business with private vendors, and this has also prevented these vendors from establishing relationships with govemment agencies. Councilman Antos stated that for a variety of reasons the jail facility Is currently not operating to the level that it should be, and once prisoners are booked they are transported to Orange County Jail at great cost to the city, and he believes the best option would be altematlve eight. He noted that dealing with BOP and ICE would guarantee payment, even n delayed, and based upon Chief Klrl<patrick's comments, required staff can be trained In a short period of time. e Councilman Ybaben recommended that a stop-loss order be Implemented by imposing a 24-month or 3S-month review period, or setting a limit to the expenditures allowed to detennlne whether the program should be continued. Mayor Larson stated that he did not believe this was necessary. Coucllman Antos stated that these constraints already exist within the annual budget review. e e e Page 10 - City Council 09-24-07 Antos moved, second by Larson, to direct staff to Implement alternative 8 for the Seal Beach jail operations as outlined In the staff report by the Chief of Pollee. AVES: NOES: Antos, Larson, Levitt, Shanks Ybaben Motion carried ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting at 8:45 p.m. to Monday, October 22, 2007, at 6:00 p.m. to meet in closed session, if deemed necessary. City Clerk City of Seal Beach Approved: Mayor Attest City Clerk Seal Beach, Callfomla October 8, 2007 The regularly scheduled meeting of the City Council for this date was canceled by action of City Council on December 11, 2006. City Clerk and ex-officio clerk Of the City of Seal Beach THESE ARE TENTATIVE MINUTES ONL V, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: :