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HomeMy WebLinkAboutCC Min 2003-01-27 1-13-03 / 1-27-03 I that the Council needs to give thought to setting aside time for budget modification sessions to determine what the implications of the State budget will have and what the City will need to do. Councilman Yost agreed. Mayor Larson mentioned having received letters from McAuliffe School students, one wants the beach cleaned up, another wants more signs when the beach is polluted, the Council will need to communicate to them what the City does and possible inform them of the beach cleanup programs. Mayor Larson noted having received letters from Leisure World residents as well that do not want parking meters yet suggest a two story parking structure, more restrooms in the downtown area and on the greenbelt, and that the police make more arrests for u- turns on Main Street. These communications illustrate the difficulties that the Council has in making decisions that are equitable throughout the community. CLOSED SESSION No Closed Session was held. ADJOURNMENT By unanimous consent, the Council adjourned the meeting until Monday, January 27th at 6:00 p.m. to hold a workshop session relating to the Municipal Code revisions and meet in Closed Session if deemed necessary. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:54 p.m. I Attest: ~.A~ ~ Mayor f}.,..;/g/ d City Cle k / Approved: Seal Beach, California January 27, 2003 I The City Council of the City of Seal Beach met in regular adjourned session at 6:08 p.m. with Mayor Larson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Larson Councilmembers Antos, Campbell Absent: Councilmembers Doane, Yost Larson moved, second by Antos, to excuse the absence of Councilman Doane from this meeting. 1-27-03 AYES: NOES: ABSENT: Antos, Campbell, Larson None Doane, Yost Motion carried Councilman Yost arrived during the Redevelopment Agency meeting. Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works/City Engineer Chief Sellers, Police Department Mr. Vukojevic, Deputy City Engineer Ms. Yeo, City Clerk I The City Attorney announced the opportunity at this time for the public to comment on any item listed on the agenda. There were no comments from the public. Mayor Larson stated that the Council would adjourn to the Conference Room to hold a workshop relating to revisions to the Municipal Code, thereafter the Council would meet in Closed Session. The City Attorney announced that the agenda identified three items for Closed Session discussion, item B- 1, a conference with the City's real property negotiator pursuant to Government Code Section 54956.8, Hellman Wetlands, item B-2, to confer with legal counsel with regard to existing litigation pursuant to Government Code Section I 54956.9(a), and to confer with regard to one case of anticipated litigation pursuant to Government Code Section 54956.9(b). By unanimous consent of those present, the Council adjourned to the Conference Room at 6:10p.m. where Mayor Larson called the meeting to order. WORKSHOP - MUNICIPAL CODE REVISIONS The City Manager noted that under consideration is Title 9, the last title for review until the completion of the General Plan and Zoning Chapter. Title 9 relates to the areas of interest of the Public Works Department, trees, flood plain management, water, sewer, news racks, Section 9.10 in fact mirrors the ordinance that the Council considered during study sessions. The City Attorney mentioned that it was the desire of the Public Works Director to place the sections relating to Public Works operations under the same Title inasmuch as the sections appear throughout the Code as it currently exists, that is the reason for this grouping of subjects. He noted that the section relating to Appeals is the same language and process that has been set forth in previous sections. I Beaches and Piers, there will be some additional changes, he just had the opportunity to discuss with the Lifeguard Chief some of the questions he has had relating to beaches and piers. An example is the Definition section where there is uncertainty as to what certain words mean or whether they apply to this City, 'Bulkhead lines', 'Harbor waters', Pierhead line' being some, the Chief wants to look further at these sections yet he believes that they all tie into Anaheim Bay, an entire section in a previous Title related to Anaheim 1-27-03 Bay regulations, those will be.consolidated. I The City Attorney noted once again that the intention is to make provisions as short as possible in instances where the reference is to the County Code as they handle most everything that goes on in Anaheim Bay and Sunset Aquatic Park. He mentioned Section 9.05.110, Harbor Commerce Permit, no one recalls ever issuing such a Permit; it was stated that pursuant to the lease agreement the Navy actually controls all entry and exit for the Harbor and can shut it down at any time, they clearly have the control; clarified that fishing boats off of the pier are a different issue; mention was made that the City does have responsibility for OUI and criminal cases, the sheriffs turn arrestees over to the City; it was stated that that will be looked at however it appears that it will be possible to modify this provision to delete most of the references for anything going on within Anaheim Bay. Initially it was felt that kiteboards could be covered under Aquatic Sports Equipment "similar devices" however on second thought was added due to the rising popularity of kiteboards and kite surfing. I Under 9.05.010-C, at one point the Lifeguard Chief felt that that provision should be broadened, it is less broad than currently exists, there was agreement that the lifeguards should have more discretion with regard to fishing from the beach, under current Code they needed to make a determination that it was detrimental to public health, safety and welfare, it was felt the lifeguard powers should not be curtailed by that type of determination, it is too ambiguous, it is clearer to just say no fishing. with regard to Section 9.05.015, Beachcombing, question was raised if that will outlaw metal 'detectors; response was that is the way it has been, however it is not known if it is enforced. Under Section 9.05.025, Encroachments, a typographical error, subsection B should read "No person shall erect a set of permanent volleyball poles..." Recommendation was made that 'gardens' be added in that apparently someone has used a piece of City property for a garden; Aquatic Activities, Section 9.05.045, merely cleanup language, the same with Athletic Activities. Smoking on the Pier, virtually no change, it needs to be confirmed that this is the newest language. I Gambling, Section 9.05.075, was left in the Code even though it was not thought to be necessary, the Council could delete it if desired, it is basically preempted by State law however gambling was a sensitive issue some years back. Vehicles and Animals, Section 9.05.095, the provisions of existing Code are broader, also included parks which is covered in another part of the Code, that the only change. Question was raised with regard to Section 9.05.085 of the comparison table, 'no person shall remove any mussel from the 1-27-03 pilings of the municipal pier'; response was that the pilings are wrapped and when mussels are removed they can tear the wrap, it is the hooks that are used that rip the wrap. Section 9.05.110, Harbor Commerce Permit, it may be possible to eliminate that language. Chapter 9.10, Newsracks, there is no change, it represents the Newsrack Ordinance presented to Council in October. Street Excavation permits, page 44 of 179 of the comparison, minimum change, the language merely streamlined; question was if this pertains to lateral cuts into the street for sewer line replacements; response was that that falls within the sewer code provisions. I Stormwater Management Program, page 63 of 179 of the comparison, very little change, it is the County ordinance for the most part, there are some recent requirements from the County relating to NPDES which may require some later changes, at this point the City can adopt the current model then make changes afterward. Page 96 of 179 of the comparison, Sewerage, not much change, the connection charges, Section 9.25.015, will be included in the Comprehensive Fee Resolution; mention was made that this ordinance too will go through changes in the coming months, a model ordinance is being worked on by the Orange County Sanitation District relating to grease control, etc., the grease trap ordinance has been a big issue. water, page 101 of 179 of the comparison, in this Chapter three separate sections of the existing Code were consolidated, language streamlined but no real content change. Question, if the City provides water outside the City is that addressed in the fee resolution; response was that it is by agreement. I The first sections consolidated in the Water Chapter are the Conservation Measures implemented about 1991 or prior to during a drought year, those provisions are based upon the County Code, provides phases, phase one being voluntary, phases two, three and four mandatory. Page 133 of 179 of the comparison, Trees, the prOV1S10ns commencing on page 134 were considered by Council last year. Reference was to removal of tree parts damaged by an act of god and create a hazard and removal of a tree that is nonviable as a result of disease or damage, to that question was whether that applies to City trees on City property or to City trees on private property, more specifically the first three feet of an easement as exists in College Park East; response was that the "easement is for utility purposes so the tree would be on private property; it was mentioned that the contractor planted the trees in the easement, however when a resident wants to remove the tree(s) they often run into trouble with the City; response was that if the tree is on the private property they can remove the tree, parkways are City right-of-way, yet before removing a tree the property owner should first check with the City. I 1-27-03 Flood Plain Management, no change, that was a model ordinance. There was an indicated consensus that the proposed changes, with corrections and clarifications, were acceptable. I It was suggested that once the corrections and changes are made preference would be that the Code be presented to the Council for final adoption; response was that the staff would like to review and bring together the document in total in a more final form, do another search to remove any fees remaining in the document, the intent would then be to bring to the Council as a non-public hearing item, notify the public of its availability, place it on the web site and in the libraries for about thirty days, schedule a public hearing for introduction of Titles 1 through 9, then allow thirty to sixty days for further public review in between the first and second reading of the ordinance; and once the General Plan update and the Local Coastal Plan is completed then the Zoning Code will be addressed. I It was confirmed that the Local Coastal Plan will need to be submitted to the Coastal Commission, they in turn will provide suggested modifications which the City would basically need to accept for them to approve the LCP. The City Attorney noted that he would be meeting with staff the following week to review the zoning Ordinance to determine areas that could be updated at this time where it is felt that the LCP or the General Plan will not affect, however there is a major portion of the Zoning Ordinance that will be affected, by doing so it may be possible to bring portions of the Zoning Ordinance as well as the Subdivision Ordinance to the Council prior to having an adopted LCP; clarified that that would basically include administrative procedures, processes, etc., Zoning will be streamlined as much as possible, however the City still needs to comply with State law. It was the order of the Chair, with consent of the Council to adjourn to Closed Session at 6:37 p.m. The Council reconvened at 6:50 p.m. with Mayor Larson calling the meeting to order. The City Attorney reported that the Council had met in Closed Session, discussed Items B-1 and B- 2 identified on the agenda, gave direction to the City Attorney and the negotiator, no other reportable action was taken. ADJOURNMENT By unanimous consent, the meeting was adjourned at 6:52 p.m. I t Clerk and the City of Attest: Approved: 1-27-03 Seal Beach, California January 27, 2003 The City Council of the City of Seal Beach met in regular session at 7:48 p.m. with Mayor Larson calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Larson Councilmembers Antos, Campbell, Yost Absent: Councilmember Doane Larson moved, second by Antos, to excuse the absence of Councilman Doane from this meeting. AYES: NOES: ABSENT: Antos, Campbell, Larson, Yost None Doane Motion carried Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Danes, Director of Public Works/City Engineer Mr. Vukojevic, Deputy City Engineer Ms. Yeo, City Clerk APPROVAL OF AGENDA I Councilman Yost requested that Items "H, J, and L" be removed from the Consent Calendar for separate consideration, Counci1member Campbell requested Item "M" removed. Campbell moved, second by Antos, to approve the order of the agenda as revised. AYES: NOES: ABSENT: Antos, Campbell, Larson, Yost None Doane Motion carried ANNOUNCEMENTS No announcements were made. PRESENTATIONS There were no presentations. PUBLIC COMMENTS Mayor Larson declared Public Comments to be open. Dr. David Rosenman, Seal Beach, stated that part of the democratic process, particularly in a small town like Seal Beach, is the ability to review documents for upcoming hearings before the Council and City boards in a timely and relatively convenient manner. He mentioned that he had requested to borrow a copy of the EIR document for the Boeing project to review yet was informed that for a cost of $75.00 the document was available, however with the help of his Council representative he was able to borrow a copy for the weekend. Dr. Rosenman said among other things it appears the consultant did not do a good traffic count on either Golden Rain or St. Cloud, that makes one wonder how an ambulance will be able to go in and out of Leisure World if anything more is built without fixing the bridge. He recalled that for the Bixby project a CD copy of the EIR was made available I 1-27-03 I for a nominal charge, to that he suggested that the City go back to the policy of allowing people to check out such documents for three or four days at a time with a minimum deposit if necessary, this information needs to be made more readily available. In response to the comment that the document is on-line, Dr. Rosenman mentioned that it is only volume one and it will not download. It was noted that the EIR documents are available at the libraries as well, to that the response was that there is not ready access due to their hours. Ms. Lynn Hermstad, Seal Beach, volunteer for the local Cancer Support Foundation, a nonprofit organization dedicated to making a difference in the lives of cancer patients and their families, announced that their sister city, Los Alamitos, will host its twenty-third Race On The Base on February 22nd in cooperation with the Cancer Support Foundation, this event, which draws thousands to walk and run, not only helps those less fortunate but does something healthy for themselves, the cities of Los Alamitos and Cypress are also planning to walk or run in groups in support of the Cancer Foundation. She noted that the race course is the runway of the Joint Forces Training Center. Ms. Hermstad presented Mayor Larson with a race packet to share with fellow Councilmembers to rally them to participate in the Race. Ms. Marilyn DeWitt, member of the League of Women Voters, Orange Coast, noted that the Bolsa Chica wetlands and surrounding areas is one of the positions of the League of Women Voters. Ms. DeWitt stated that the Bolsa Chica Land Trust is requesting that all City Council's in the adjoining area send a communication or resolution to the Director of the California Fish and Game to negotiate on behalf of the Land Trust for the remaining mesa and wetland area utilizing the funds that were appropriated for this purpose through Proposition 50. Ms. DeWitt read the motion of the Huntington Beach City Council which made this request to the Department of Fish and Game, noted additional background information provided, obtained from the Huntington Beach area and the Land Trust, and stated that the Bolsa Chic a Land Trust requests that the City Council of Seal Beach forward something similar to Mr. Robert Hite, the Director of the California Department of Fish and Game. Councilmember Campbell advised the Council that she requested that this issue be agendized for the next meeting. Councilman Yost asked if a similar letter could be agendized for the wildlife Conservation Board to encourage that Board to honor their promise to purchase the Hellman wetlands as well with copies to the Huntington Beach City Council and League of Cities for the funds they promised for that purpose. Mr. Jim Caviola, Seal Beach, said on the issue of the Trailer Park he needed to comment back to the attorney representing the former member of the Council, the Freddie Mac/Fannie Mae Law did not change, he personally provided it a week ago, tonight it was said it is known to be different but not certain of when. To that Mr. Caviola stated that the deed recorded on December 20, 2000 therefore is it being said that eleven days later the law changed, there was a forty-four year deed restriction on the Trailer Park, but what is stated is thirty years, the bond requirements are a forty-five year minimum, if it were for one hundred years there would be fifty-five years remaining to borrow money on the Park and buy and sell the homes that the people live in, and as far as the Seal Beach Affordable Housing Corporation that was to exist two years ago application has just been made to the IRS, they will not be getting it, more likely they will be indicted, the guidelines do not permit an excessive profit on the purchase of a property, the money was borrowed to give the former I I 1-27-03 owner a $4.5 million profit on a $3 million purchase, that was a misuse of the bonds and federal taxpayer funds, and a misrepresentation to the federal government when they were issued, everyone was a victim of a felon but the judge ruled that the lawsuit is a case. Mr. Caviola said as an attorney he could not say how much he resents, not necessarily that the City is paying for the defense, but that the former member of the Council was given the City's attorney firm, he saw the City Attorney in the court room and he is witness to the fact that the defending attorney was in closed session with the Council. He said there are one hundred twenty-five citizens that abide by the law, live in the Trailer Park, under Government Code Section 1092 the Trailer Park deal can be set aside, suggested that that the City meet with the Gerardi firm, there will be no expense unlike the $500,000 currently being spent on an attorney were there is a complete conflict of interest, the bonds were issued without the correct restrictions, if the bond holders sue the City there will be no choice but to sue the law firm, and now there is no City Attorney. Mr. Caviola claimed that everyone now knows that Linc owns the Park with a thirty year deed restriction, if the City were to join the suit this can be reversed, put the deed in a corporation that owns the Park, get the $1 million bridge loan back, the bridge loan will not be realized unless the transaction is reversed, put a one hundred year deed restriction on the property to protect the property rights of the residents as required by federal rules, protect the low income housing, all at no expense, the City is not being sued but the attorney firm is representing the person who is being sued. Mr. James Markum stated he was present to speak to Item "H" if there are questions. Ms. Sue Corbin, Seal Beach, stated that mobile home parks fall under federal interstate commerce, only Congress regulates interstate commerce, a federal court said if one buys something for $2 million with the likelihood that it will grow to $7 million that is federal racketeering and a violation of the Sherman Anti-Trust. The City Attorney can not defend anyone. Councilman Yost knows why the Conservancy will not buy Hellman, they were mislead, they realized it is an ecological disaster, they could not clean it up for a reasonable amount of money so they refused to purchase it, the City does have to pay the $2 million and now wants to buy it in order to not have to clean it up, it still needs to be cleaned up. She mentioned having seen a diagram at the Target of the Boeing property with a yellow dot, does Boeing plan to have a Target, also, Boeing does $12 million in business at their facility, they should be charged State tax, just because they do business with the federal government does not mean that the business they do with other governments and other entities should not be taxed, the City does not do a good job collecting the tax that is owed, the ships anchored offshore should be taxed like Long Beach does, at the budget hearings no one on Council brought forth ways to bring in more money or how to cut expenditures, that is the job of the Council. Ms. Corbin claimed that the former Councilmember asked for direction from legal counsel, the Councilmember should have been asked to leave when there were illegal votes in Closed Session, another member of the Council then provided documents to people who in turn went to the District Attorney, now the Council is in more trouble than the former member of the Council, in the case of the former Councilman it was said he exceeded his authority then he acted in his individual capacity. With regard to the progress of Seal Beach Boulevard, Ms. Seretta Fielding, Seal Beach Boulevard, said she asked for Council assistance about I I I 1-27-03 I nine months ago, there have been two public meetings since that time, a meeting scheduled for February is being postponed, to that she requested that the Council put this matter on some kind of agenda so that it can be done in her lifetime, to this point it has taken fifteen years, her feeling is that the Boulevard is constantly being put aside because of other projects, MOla, Boeing, the General Plan for instance, that does not seem to be fair to those who have waited, she represents most of them, there is no public person or entity that is against the project, it is merely an overlay and she would request Council assistance to get it done. Ms. Karen Terrasio, Trailer park, stated she wished to provide a visual presentation, this a follow up to the earlier presentation relating to the Mortgage Assistance program. Her intention was to bring to the attention of the community the fact that a problem exists in the Trailer Park, and she would request that the City, Linc, Civic Stone, and the community come together to create a viable solution. Ms. Terrasio stated the primary problem being shown through photos exists on the greenbelt area of the Park, the current Housing/Urban Development standards for manufactured homes requires that the living room area be a minimum of one hundred fifty square feet and a bedroom have a minimum of one hundred square feet, however the companies that make manufactured homes can not make a home less than thirty-three feet long based on a sixteen foot width, the length also includes the absolute minimum sizes for the bathroom and kitchen areas, the problem that this presents to the homeowners with the smallest spaces in the Park is that they will not be able to replace their trailers with units that meet California Health and Safety Codes as some of the lots on the greenbelt are just twenty-seven feet long by twenty- three feet wide and with the three foot setbacks that are required all around that would give people with the smallest lots twenty-one feet long by seventeen feet wide or three hundred fifty-seven square feet of living space for the entire home. Ms. Terrasio said under the new ownership program with Linc the rent payments are supposed to go to pay the mortgage on the land which the residents will supposedly have control of after thirty years or so, those with the smallest spaces will eventually have paid over $300,000 per space that will not accommodate anything other than a small travel trailer. One alternative would be to have homes site- built as was done on the Latta family space, such homes however are much more costly than manufactured homes, yet many of the homes on the greenbelt need to be replaced as with many of them there are clear violations of Title 25, the Mobile Home Park Act, that exist, substandard recreational vehicles, many of the homes on the greenbelt are vacant and have been for many years, some of those units seem to be used for storage by their owners, others are vacant and for sale, she would suggest a buyout by the City of some of these units, some of the smallest lots could then be combined so that the homeowners who live in the Park today and plan to continue living there will be able to replace their trailers with homes that meet health and safety requirements, it is realized that that would reduce the number of low income housing units that the City claims yet she believes it is incorrect to be claiming units that have not been occupied for years, possibly this could be considered. Ms. Terrasio showed photos of unoccupied units, Code violations, etc. A member of the audience continued to show the photos of Ms. Terrasio including the trash area, jacuzzi, and cracked sidewalks. Ms. Joyce Ross Parque, 6th Street, said she knew years ago that one could not get a loan on a trailer that was I I 1-27-03 older than 1978, in another situation the Marina Pacifica had leased land however no one could obtain a loan when the lease became less than twenty-five years. She claimed the ' regulations of the Covenants were never enforced, the Planning Department is supposed to know all of the codes and zoning in the town, if the right things had been done for the people in the Park they would not have had Richard Hall buying the park, there should have been effort to ensure that the Covenants were enforced, Hall would not have bought something where he could not increase the rent and make money, he was an investor. Ms. parque mentioned that Linc is now asking permission to form under a CHMS, they want to do the 501C3 Cooperation Agreement with the CHMS, is this their application for the 501, in the application Linc admits that they own the Park which is one hundred twenty-five low/moderate income units, that is not true, it is known that Linc owns six units which are in better condition than those that were shown, again, Hall would not have bought the Trailer Park unless he could make a large profit, but the taxpayers have paid a lot of money to assure that the Park is low income. She said there is some remedies for the taxpayers, the Attorney General can be petitioned. Ms. parque noted that the City put out notices regarding parking meters, that parking would be changed between 5th and 12th streets, she is carrying a petition relating to meters, there will be no parking for anyone if meters are allowed on Main Street. Mr. Paul Jeffers, Trailer Park, noted his attendance at Council meetings for thirty years regarding the Trailer park, he tried to read the Regulatory Agreement when it was on file at the library, he tried to get answers from the Council, the problems in the Park were known by some members of the Council, his feeling was that things were moving too fast, for years he requested that the City enforce the Covenants, that was not done, the same with buying the park, there was bond counsel, lawyers, a real estate agent. Mr. Jeffers suggested that things slow down, look at what has been done, he would support retaining a neutral party to look into this situation as he has been in discussion with an attorney that has done a number of resident owned parks from whom he has gained considerable information. He mentioned having attended the lawsuit court hearings, said he understood the City providing representation to the former member of the Council in that capacity, yet to provide representation for Boyd/Perkins LLC, his real estate firm, did not make sense to him. Mr. Jeffers provided something in writing to Mayor Larson as to how the Trailer Park situation could be redone. Ms. Rita Brenner, Trailer Park, agreed with the comments of Mr. Jeffers, she too has appeared before the Council for many years, with the Park situation the City Council meant well, thought they were helping the residents, yet she heard a comment at this meeting about a taxpayer fund being laundered, there has been so much money wasted on deals over the years, in the past there was federal money that was to have been used to create homes for the elderly when the Park was owned by Mr. Dawson, for years the residents asked that the Park be monitored. Ms. Brenner expressed appreciation to the Council for any consideration that might be given the Park residents. There being no further comments, Mayor Larson declared the public hearing closed. I I I APPOINTMENT - ORANGE COUNTY REGIONAL AIRPORT AUTHORITY Councilmember Campbell nominated Mr. Frank Laszlo as the alternate representative to the Orange County Regional Airport Authority. She noted that the alternate representative need not be a member of the Council, and 1-27-03 described the past experience and knowledge of Mr. Laszlo with regard to this area of transportation. Mayor Larson seconded the motion. Councilman Yost asked if any member of the Council had an interest in this position, no interest was forthcoming. I AYES: NOES: ABSENT: Antos, Campbell, Larson, Yost None Doane Motion carried CONSENT CALENDAR - ITEMS "B" thru "M" Yost moved, second by Antos, to approve the recommended action for items on the Consent Calendar as presented, except for Items "H, J, L, and M", removed for separate consideration. B. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. C. Approved the minutes of the January 13, 2003 regular adjourned and regular meetings. D. I E. F. G. I. I Approved regular demands numbered 40516 through 40704 in the amount of $857,214.67, payroll demands numbered 34001 through 34003, 28001, ADP checks numbered 1634178 through 1634308 in the amount of $165,398.31, and authorized warrants to be drawn on the Treasury for same. Received and filed the June 30, 2002 Comprehensive Annual Financial Report. Received and filed the Monthly Investment Report for December, 2002. Adopted Resolution Number 509~tit1ed "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND AND SUPERSEDING RESOLUTION NUMBER 2638." By unanimous consent, ~ll reading of Resolution Number 509~as waived. Adopted Resolution Number 5099 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE WITH OPTION TO PURCHASE, AND AUTHORIZING CERTAIN ACTION IN CONNECTION THEREWITH." (Motorcycle lease agreement - Municipal Finance Corporation). By unanimous consent, full reading of Resolution Number 5099 was waived. K. Adopted Ordinance Number 1493 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REGARDING RETAINING WALLS AND AMENDING CHAPTER 28 OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1493 was waived. 1-27-03 AYES: NOES: ABSENT: Antos, Campbell, Larson, Yost None Doane Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" - RESOLUTION NUMBER 5100 - ZONING - WALK-UP/TAKE-OUT I RESTAURANT Councilman Yost asked if there is or anticipation of an alcohol permit involved with this request. The Director of Development Service responded that for the particular use involved with this request, the applicant has not indicated that alcohol would be any part of the request, and further, any alcohol use request on Main Street, whether on-premise or off-premise consumption, would be required to obtain a conditional use permit and a separate hearing. The applicant, Mr. Markham, confirmed there was no interest in alcohol service. Yost moved, second by Antos, to adopt Resolution Number 5100 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DETERMINING THAT A "WALK-UP/TAKE-OUT RESTAURANT WITH LIMITED SEATING" BE ALLOWED WITHIN THE MAIN STREET SPECIFIC PLAN AREA, SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT." By unanimous consent, full reading of Resolution Number 5100 was waived. AYES: NOES: ABSENT: Antos, Campbell, Larson, Yost None Doane Motion carried ITEM "J" - INTERIM ATTRITION/VACANCIES - PUBLIC WORKS I DEPARTMENT The Director of Public Works presented the staff report, explained that in July, 2002 with the approval of the Program of Service the City Council instituted a hiring freeze, at that time the Public Works Department had thirty-three full time employees, they maintain the water, sewers, storm drains, parks, beaches, signals, fleet, and street network system, over the past six months there has been an attrition rate of approximately six full time employees equivalent to about $340,000 which leaves twenty-seven full time employees to do the work, in addition, two employees are on workers comp related status leaving only twenty-five full time employees, a thirty-two percent reduction of the overall workforce. He noted that as to the water and sewer utilities there have been employees acting on an interim basis for those four positions to maintain the public health and safety. The objective in bringing this matter to Council is that staff would like to maintain its budget levels which shows no increase in the Department, staff did not want to hire new employees knowing that the fiscal picture of the City is not clear, did not want to hire from the outside, also it is not felt that a qualified person could be tracked and obtained at this particular time, staff requests to fill I only those positions related to public health and safety, the Utility Services Manager, Chief Water Operator, and the Senior Water Operator, these employees manage the water and sewer system, also, the California Regional Water Quality Board has issued waste discharge requirements in order to properly fund and manage the sewer distribution system. He noted that two of the employees that left the City held the appropriate licenses, only those persons with licenses can operate the water utility system requirements such as disinfecting the water, installing water lines, standby 1-27-03 I emergency response, these are also on-call employees. The Director stated that the proposal is to program the savings of any of the $340,000 into contract professional services which will allow the Council at a later date and should budget reductions become necessary to eliminate or reduce the contract services to meet budget goals or if the economic climate increases the full time employees could be hired back. He noted that staff is also looking at moving personnel to non-General Fund sources such as sewer, water, and street gas tax MOU related departments, the advantages of this plan is that there would be no new employees to the total full time equivalency, in other words staff would not be increased from the outside, this would also provide Council the flexibility to modify the program, the positions to be filled relate to health, safety and environmental concerns, of the two employees that left one had been with the City for thirty-three years and held vast knowledge of the operation of the pump stations, water disinfection system, and the reservoir, this is an interim step yet there is need to fill these positions that are acting on an interim basis at present. Councilman Yost sought clarification that this does not decrease any positions, the response of the City Manager was that these are vacancies, the titles and authorized strength will be retained, the positions will just not be filled, and should the economy turn around there will be a choice of filling those positions. Councilman Yost said he wanted to make sure that the existing employees are taken care of, he wants to know that when things get difficult the people who have been with the City for a long time, go the extra mile to maintain service levels, are willing to suffer hardships along with everyone else, that they are treated well. Mayor Larson requested clarification as to whether people would be retained from outside or would be promoted from inside, the response of the Manager was it would be promoting people from inside to fill the positions, one reason is that people who deal with water and sewer are required to be licensed, that is the reason for promoting from inside. I Yost moved, second by Larson, to authorize the City Manager to fill the vacancies within the Department of Public Works from within yet not increase the overall size of the Department or the total number of full time equivalent positions until such time that the overall budget is amended. AYES: NOES: ABSENT: Antos, Campbell, Larson, Yost None Doane Motion carried I ITEM "L" - RETIREMENT SERVICE CREDIT Councilman Yost said he had concerns with this item similar to the previous item, therefore would like a presentation of the staff report. The City Manager explained that this issue was originally raised during labor negotiations with the non- public safety units, typically the two-year service credit is used when seeking to provide a benefit so that the more tenured employees have an incentive to retire. He explained that Seal Beach has a salary step system of A through E, there is also a seniority bonus of five percent, this would allow those who wish to retire, on a voluntary basis, example would be if one wished to retire at age fifty-three with the two year service credit it would bring their employment credits to fifty-five, it is a benefit to them, a benefit to the City in the area of cost savings, again, this is a 1-27-03 voluntary program, there are thirteen eligible employees, either all or none could be interested, and noted that pursuant to PERS regulations this is required to be considered by Council. Councilman Yost asked if positions would be decreased as a result of this program, the response of the Manager was that the position must be held vacant, at such time as there is desire to fill the position a new job description would need to be created. Councilman Yost then asked if the position would then be filled with a contract person, the Manager advised that the options would be to contract, fill the position, or more importantly absorb the services unless there was need to fill the position, at this point, since the City is predominantly labor, it would be best to leave the position vacant in order to generate the savings to address the budget problems, this is a kinder, gentler approach to employee reduction as these would be people who would voluntarily retire. Councilman Yost inquired if there is a penalty for those that choose to not retire, the response of the Manager was that it is a benefit in that they gain two years of service credit, under the PERS rules it is necessary to have a certain number of service years, usually twenty and reach the age of fifty-five for non-public safety people, if those two criteria are met retirement can be achieved with about sixty percent of ones pay, if one can retire at age fifty-three under this plan the retirement rate is at fifty-five, the benefit is not filling the positions and the saving of the five percent bonus because when the position is filled it starts again at A step. Councilman Yost asked if it is not that you end up with someone who does not have the history or the time with the City or do the job as efficiently. The Manager said in the case of Public Works that is not necessarily so, the water operation is an example where you may retain someone who has their licenses and possibly have more of the position requirements than those currently holding the positions, what can be lost is the historical perspective and institutional expertise when the tenured employees are lost, it would be nice if everything were written down and documented but there is a guarantee it is not. Councilman Yost inquired if this was something requested by the employees or suggested by management, the response of the Manager was that it was a suggestion of management, the associations saw certain benefits, it protects jobs rather than having to lay people off, as an example, Huntington Beach used this program, attritioned out forty-one people and closed a significant budget gap, from a policy standpoint for Council if this program is not accepted or possibly no one opts for the program, at some point someone may need to be told they are being laid off, staff would prefer to let people leave through attrition or some other means. Councilman Antos inquired if this program is going to be around long enough so that the Council can be informed as to how many employees would take the plan, also, what is going on at the State level with the budget, he would not like to see this be a short window of possibly a couple of months where an employee may not want to take advantage of it initially and then given the State budget the City may need to lay people off. The Manager stated his belief that a start and end date is required, that would need to be brought back to the Council, there may be the discretion to make the time frame as long as desired. Councilman Yost said as a member of the Council it is his job to determine policy, it is the job of the Manager to carry out the policies, it is not his job to get involved with individual employees on the other hand it is a small town and he feels a loyalty to those who have shown loyalty I I I 1-27-03 I to the City, he would prefer to have more time to think about this decision, he understands the reasoning and necessity behind this yet is somewhat uncomfortable, he would like to fully understand the ramifications behind this, also that he is somewhat out of his position as a member of the Council and not as a City Manager. In response to Councilman Yost, Mayor Larson offered that it seems to be a small enough number of people involved, it may serve to help the moral of the employees rather than having to lay people off face to face. Councilman Antos mentioned that this type of program has been used at the County level a number of times, believed at the State level as well, the advantage is that it gives people who are thinking about retiring in the near future the opportunity to retire early with additional service, it also frees up a position whereby if it becomes necessary to reduce staff it is one less person that would need to be laid off, in the case of Seal Beach it gives the employees the opportunity, they do not have to take it. He would prefer that the City Manager bring back a report which includes the start and end date with some examples of number of years of service, examples of what it would do for particular employees. The Mayor suggested that the request be for the Manager to prepare a Resolution relating to retirement service credit and at that time the information requested could be provided, and if the Council agrees it could be adopted then. Councilmember Campbell offered that if there is an employee that has been with the City for a number of years, qualifies to retire, and the State then imposes expenses on the City that it can not cover and it becomes necessary to lay people off, that would be a benefit and a protection for employees in that situation. Councilman Yost said he would feel better about the program if it had been employees making the proposal rather than management. Mayor Larson said this is not unlike other employment proposals made by management whereby the employee has the option to accept or not. Councilman Yost moved to table this item. Councilmember Campbell said had no problem with the program as proposed. There was no second to the motion. I Councilman Antos moved to request the City Manager to bring back a Resolution and report relating to this program for Council consideration at a future meeting. Mayor Larson seconded the motion. AYES: NOES: ABSENT: Antos, Campbell, Larson, Yost None Doane Motion carried Councilman Yost said he just does not want to lose the most experienced and valued employees. I ITEM "M" - RESIGNATION - ENVIRONMENTAL OUALITY CONTROL BOARD Councilmember Campbell mentioned having known Steve Jones for about twelve years, a very fine person. Campbell moved, second by Larson, to accept the resignation of Mr. Steve Jones from the Environmental Quality Control Board for the unexpired term ending July 2003. AYES: NOES: ABSENT: Antos, Campbell, Larson, Yost None Doane Motion carried 1-27-03 BUDGET STATUS / BUDGET PROJECTIONS - 2002/2003 The City Manager offered that the staff report is a snapshot of the City budget at this time, when the two year budget was adopted the City had a deficit of about $390,000 however once Council determined to implement the hiring freeze and there were a couple of one time revenue increases, at this point staff is feeling somewhat comfortable in that the $390,000 I deficit has been erased, yet there remains a problem in future years, in years 2004/2005 and 2005/2006, this of course is without any State budget cuts. The Manager noted that the hiring freeze continues, staff is doing everything possible to save money yet at the same time emergency repairs continue to come up, with the next agenda item Council will see that there is an emergency repair pending which is about $302,000, the City has to be vigil to have resources available to deal with those instances. The Manager offered that staff would like to recommend to the Council to hold the line on the attrition and vacancies as it seems to be working, as people leave it is labor saving and that will allow there to be the funds necessary to meet the deficits anticipated because of the PERS problem and the three percent at fifty retirement for the Police Department, also allow the City to deal with the State budget crisis. Considerable information relating to the State budget has been provided the Council, there continues to be some discussion of taking the Vehicle License Fee backfill which runs from about $500,000 in this fiscal year to $1 million in the second, there is talk about losing transportation funds, AB 2928, however the word is that that did not fair well with the Assembly committees, at this point there are many proposals, therefore the recommendation of staff is to wait to see what I the State will do, the two year budget is adopted, the budget strategies developed last year are in place, and with the attrition and vacancy freeze in place it is felt the City is somewhat safe at this point. Councilman Yost clarified that the budget at this point is a net positive of $130,000 going into the undesignated fund balance, with a net positive for the 2003/2004 budget of $32,000, and the reserves and designations have been maintained at $6,647,000 through the 2005/2006 budget year. The Manager responded that is under the assumption that the vacant positions are not filled and the State does not cut funds. Mayor Larson noted the comment at the League meeting that if the State does give back the VLF it will not be given to the cities, it must be kept in mind too that the City can not count on anything before it appears in next year's budget, hope also that the Kohls store will be as popular as it is thought it will be. The Manager confirmed that a net sales tax increase has been seen as a result of the Bixby Center. Councilmember Campbell noted that the report states that the sales tax is about twenty-four percent of the operating budget yet about forty percent of the sales tax is from gasoline sales. Councilman Antos said another thing that needs to be kept in mind relative to the budget and some I of the proposals is that the VLF is proposed to be tripled which will have a devastating effect on the retail economy in general, it will deter people from purchasing new vehicles, some businesses may leave California, there is a proposal also to increase the sales tax, that increase is proposed to not come to the cities rather it will be captured by the State, a change in spending habits are likely to be seen if some of the proposals are approved. Councilman Yost inquired if there is a time line as to when the legislature may produce a final budget, the response of the Manager was that 1-27-03 I he has seen nothing in that regard, the odd coalition is the Governor and the Republican legislators on one side, the Democratic legislators on the other, some of the proposals are in committee, yet there is no estimated time frame. Councilman Yost suggested that further budget workshops be held once there is a final budget, to that the Manager agreed, also, that even though there are personnel vacancies at some point that is going to affect service levels, the Council will need to make decisions relating to services levels, whether someone is brought back to accomplish certain tasks, that is a next project for staff to address, particularly the three vacancies in the Police Department, that Department is already working on a plan for services, what would that look like if the three vacancies remain or if additional vacancies were necessary. Mayor Larson noted that the Coastal Commission wants the City to keep the Marina Drive bridge open, that is a million dollars more, his suggestion would be to abandon the bridge. Citing the period before the ERAF takeaway in 1991, Councilmember Campbell said she believed there were about one hundred fifty employees, to that the Manager offered that when he came to the City the employee count was around mid nineties, it is currently about eighty-seven. Councilmember Campbell pointed out that Seal Beach has drastically scaled back from those times, Mayor Larson too mentioned that in the past when Spring arrived the parks and planters were filled with flowers for people to enjoy, now there is no money or people to do the work. I MUNICIPAL PIER - ASSESSMENT OF CONDITIONS Mayor Larson stated that had he known of the results of this report whereby the regular fire truck can not travel on the pier he would not have voted in favor of the Ruby's restaurant lease, would not have voted for something where the citizens frequent and there could not be fire equipment, he has however since learned that there are small fire trucks that could access the end of the pier. I The Deputy City Engineer reported that in October, 2002 the City contracted with Ban-Padron Associates for a topside, underwater, and unde~ deck inspection of the municipal pier, at that time a structural evaluation of the pier was also done. The Deputy noted that on the American Society of Civil Engineering rating scale for underwater inspections of timber facilities such as in Seal Beach the pier came out in fair condition, which is considered to be fortunate, however there are some structural components that need to be repaired as well as some minor aesthetic things, the preliminary estimate is somewhat over $300,000. The Deputy showed photos of protective wrapped piles which prevents marine borers from digging and eating the wood, some things have come undone with the tidal actions, piles also carry the vertical load of the pier to the ground, one piling was found to have some marine borer activity, since the damage is on the outer perimeter it can be repaired in place, there are some splits in the diagonal crossmembers which limits the load capacity laterally and vertically, six locations were determined to have cracks in the beams or stringers, that limits the vehicle loads on the pier, initial concern was access for the Fire Department, there has been discussion with them, the primary response of the Fire Department, and since the pier has its own water system for fire protection as well as domestic water, was to just transport extra hoses to the far end of the pier, traditionally they put out fires by using the fire boat, and even though the pier is not rated for a full size fire truck the Fire Authority has indicated they 1-27-03 can provide fire protection for the pier by using a smaller pickup truck type of fire service vehicle. The Director noted that this is the first time a complete load analysis has been done on the pier to determine what type of vehicles can be accommodated, henceforth the pier will be posted for load restricted vehicles. Another photo was shown of corrosion of connecting straps, nuts, bolts, most corrosion has been moderate, a couple have been excessive, some are in need of repair, a photo as well of damage to the fender piles caused by the prior boating company that used one of the ramps. The Director interjected that there are currently two boat ramps at the pier, one is operated by Torch Operating Company and they are responsible for any maintenance on those piles, the other has been used by a vendor that is currently vacant, and should an agreement be executed with a user they would need to do some repair if they are to be granted access to the landings. The Deputy reported that the Engineering Department will bring a report back to the Council as to recommendations, cost estimates, and constructability as far as keeping the pier open, how that will impact the cost, prepare budget adjustments as necessary. Be noted that for some of the structural repairs it is recommended that they not be deferred for future maintenance, at this point cost estimates could be between $300,000 to $400,000. I Councilman Antos inquired if the intent was to come back to the Council with more precise engineering estimates of cost, staff confirmed that to be the intent, also include design costs, constructability which will more clearly define the costs, in the meantime talk to some of the contractors, look at combining the projects for a better cost or possibly separate them. Councilman Antos said if the pier is going to be posted for vehicle weight, etc. he would then think that there needs to be coordination between the City Manager and the police Department for some heavy enforcement, citing an experience in the past where an armored car decided to drive to the end of the pier and had the pier been in the condition it is now the vehicle could have ended up in the ocean, also, if the fire vehicles are going to be limited to something like a small truck there is no need for heavy vehicles to be on the pier. Mayor Larson inquired as to the time frame for the pier to get in this kind of condition. A representative of Ban-Padron stated that the pier was built in the 1980's therefore a little more than twenty years to get to its current condition, if repaired now those repairs can last another twenty years however there are sections that will continue to deteriorate and the City will need to continuously inspect it and perform maintenance to maintain this pier until at some point in time it may be necessary to completely replace it. To that Mayor Larson noted that the $300,000 will merely repair what has been found knowing that other things will continue to deteriorate, that may call for a regular maintenance program. The Deputy confirmed that to be correct, also that currently there is an annual maintenance budget and program for the pier, that too will be looked at to determine if it needs to be modified, that program includes replacement of decking and making minor repairs to water lines, fittings, etc., this was a one time effort to determine and log the pier conditions. Councilmember Campbell reminded that the pier was built in 1906, with the storms in 1983 the whole pier was not rebuilt, asked at that time what percentage of the pier was rebuilt and how does the rebuild compare with what was existing. The Ban-Padron representative stated that most of the pier was rebuilt, with regard to the section underneath the restaurant I I 1-27-03 I those are the original piles, those piles are in good condition however the crossmembers are deteriorating as well as the fender piles around it that protect against the impact of vessels, in general the piles of the pier are in fairly good condition because of the protective wrap, where the protective wraps are damaged you start to see more and more decay, the entire pier is on a foundation that goes into the ground, that is the piles, timber piers are becoming more and more of an endangered species however this timber pier will last a good twenty years if maintained because of the protective system on the piles, it is everything above water that is deteriorating with time. Councilmember Campbell noted that in 1983, with the storms, Huntington Beach had insurance on their pier and rebuilt it with concrete piles, what would the cost be to rebuild a pier like that, is it necessary to totally rebuild. The Ban-Padron representative said he would estimate to rebuild the Seal Beach pier would be about $5 million, to do a concrete pier would be about $7.5 million. Councilman Antos moved to direct the City Manager to have an engineer's report prepared along with an annual maintenance proposal to be forthcoming to the Council for consideration. Councilman Yost seconded the motion. AYES: NOES: ABSENT: Antos, Campbell, Larson, Yost None Doane Motion carried I CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT To the question from the public with regard to putting the Boeing EIR document on a CD, the City Manager stated that would be looked into how much of the Technical Appendices can be accommodated, possibly just the EIR Volume I, and Mr. Bartlett has indicated he would favorably support doing so. I COUNCIL COMMENTS Councilmember Campbell noted she had tried to clarify during the Agency meeting why the City is providing defense for former Councilman Boyd with regard to the Trailer Park lawsuit, a comment was made that the City Attorney had advised the former Councilman to retain his own attorney, however that had to do with the case of the District Attorney, not the Trailer Park, some people are blending the two separate issues into one, which they are not, they are separate issues, with regard to the Trailer Park case the Government Code states that the City has an obligation to defend Councilmembers and employees acting in the course and scope of their employment, and regardless of whether people feel the former Councilman is right, wrong, or in between, people are innocent until proven guilty, that is the way it is in this country, as soon as it was mentioned in the lawsuit that he was a member of the City Council and voted in that capacity that pulled the City into the legal action, that is the way the legal system is set up. Councilman Yost noted a concern of some that the Boeing project is moving quickly without people having access to the EIR, the $75 cost is rather high, therefore he would ask that the document be made more readily available to the public and that the time frame be pushed back accordingly so that the residents can have the opportunity to review the document. Mayor Larson noted that there is a ten-member committee, the EQCB, and 1-27-03 Planning Commission looking at the document therefore there should be adequate exposure. Councilman Antos noted a public comment that the City Attorney firm is providing representation to Boyd/Perkins LLC, question, is the City doing so, his understanding is that the City ought not, and is there a separate attorney for that entity. The City Attorney responded that under the complaint the only I allegations against former Councilman Boyd or Boyd/perkins relates to actions taken by Mr. Boyd as a Councilmember, therefore the City is providing defense for both Mr. Boyd and Boyd/Perkins. To draw an analogy, anyone can write a complaint and say anything they want in that complaint, they could sue anyone of the members of the Council, and let us say that if Mr. Larson was still in a law firm they could sue Mr. Larson and his partners, in this case they have sued Boyd/Perkins but the complaint only talks about actions that Mr. Boyd took as a Councilmember, therefore not only are they a defendant but once again there is no separation of the two with respect to the allegations in the complaint. Councilman Antos made reference to the application before the California Coastal Commission for parking meters, said to be held up based upon a request by the Coastal Commission for more information on the part of the City, therefore it appears the application will not be going forward in any timely manner and will likely not be approved probably by the summer months based upon the time schedule of the Coastal Commission. Mayor Larson noted that when the pier collapses that revenue will be needed. The Mayor said he would like to reiterate the comments of Councilmembers Campbell and Antos, it is not a matter of whether the Council agreed to provide legal representation for Mr. Boyd it is the law, the question was I posed to legal counsel and was advised that that is the law, the fact that it is a lawyer in the firm of the City Attorney there may be more control of the costs, the intent was to not just release the case to any lawyer and then have to pay the bill when submitted, the Council did what was thought to be the most financially responsible position to carry out something that the City can not control, and even though people say that the City should not do this it is the law. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, February 10th at 6:30 p.m. to meet in Closed Session if need be. By unanimous consent, the meeting was adjourned at 9:35 p.m. ~ ex-of cio clerk Seal Beach I Approved: Attest: