HomeMy WebLinkAboutCC Min 1999-01-25
1-11-99 I 1-25-99
Approved:
I
Attest:
Seal Beach, California
January 25, 1999
The City Council of the City of Seal Beach met in regular
adjourned session at 6:35 p.m. with Mayor ProTem Campbell
calling the meeting to order with the Salute to the Flag.
ROLL CALL
Present:
Mayor ProTem Campbell
Councilmembers Boyd, Doane, Yost
Absent:
None
Vacancy:
One
Also present:
Mr. Barrow, City Attorney
Mrs. Yeo, City Clerk
The City Manager joined the Council in Closed Session.
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APPROVAL OF AGENDA
Doane moved, second by Boyd to approve the order of the
agenda as presented.
AYES:
NOES:
VACANCY:
Boyd, Campbell, Doane, Yost
None
One
Motion carried
ORAL COMMUNICATIONS
There were no Oral Communications.
CLOSED SESSION
The City Attorney reported that the Council would meet in
Closed Session pursuant to Government Code Section 54956.9(a)
to discuss the three items identified on the agenda, Brendel
versus Johnson, Los Alamitos versus Seal Beach, and Seal
Beach versus Seal Beach Anglers. By unanimous consent, the
Council adjourned to Closed Session at 6:36 p.m. and
reconvened at 6:48 p.m. with Mayor ProTem Campbell calling
the meeting to order. The City Attorney announced that the
Council briefly discussed the items identified on the agenda,
and in deference to the future Councilmember, the Council
will return to Closed Session at the end of the 7:00 p.m.
regular session.
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ADJOURNMENT
Boyd moved, second by Doane, to adjourn this session until
the end of the regular meeting.
AYES:
NOES:
VACANCY:
Boyd, Campbell, Doane, Yost
None
One
Motion carried
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This portion of the adjourned meeting concluded at 6:49 p.m.
The meeting was reconvened at 9:46 p.m. with Mayor Yost
calling the meeting to order.
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CLOSED SESSION
The City Attorney announced that the Council would return to
Closed Session to discuss the items identified on the agenda
and as previously announced. By unanimous consent, the
Council adjourned to Closed Session at 9:46 p.m. The Council
reconvened at 10:34 p.m. with Mayor Yost calling the meeting
to order. The City Attorney reported the Council had
discussed the three items listed on the agenda and gave
direction with regard to the Los Alamitos versus Seal Beach
matter. No other action was taken.
As a point of clarification, the City Clerk reported the
language set forth in the City Charter with regard to Council
reorganizations.
ADJOURNMENT
It was the order of the Chair, with consent of the Council,
to adjourn the meeting at 10:35 p.m.
clerk
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Attest:
Approved:
Seal Beach, California
January 25, 1999
The City Council of the City of Seal Beach met in regular
session at 7:03 p.m. with Mayor ProTem Campbell calling the
meeting to order.
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Councilman Boyd invited the members of Girl Scout Daisy Troop
2269 to take their positions to lead the Salute to the Flag.
While the girls took their places he explained that the
Pledge of Allegiance was written in 1892 yet it was not
adopted by Congress until 1942 as were guidelines for the
presentation of the Pledge. Troop 2269 presented the Salute
to the Flag, thereafter Councilman Boyd presented each girl
with the Daisy Flag badge.
INVOCATION
Gregg Anderson, Chaplin for the Orange County Fire Authority,
Division One, was introduced by Councilman Boyd. Chaplin
Anderson stated it is a pleasure to serve in this community,
an honor to be present, and offered an invocation of support
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for the Council and community. Appreciation was extended to
Chaplin Anderson.
PROCLAMATION
Mayor ProTem Campbell read in full the Proclamation
commending the Seal Beach Host Lions Club 60th Anniversary.
A representative of the Lions Club accepted the Proclamation
with appreciation.
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ROLL CALL
Absent: Mayor ProTem Campbell
Councilmembers Boyd, Doane, Yost
Absent: None
Vacancy: One
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
Mr. Dorsey, Assistant to the City Manager
Ms. Beard, Recreation and Parks Director
Ms. Yeo, City Clerk
APPROVAL OF AGENDA
Mayor ProTem Campbell requested that Items "G" and "J" be
removed from the Consent Calendar for separate consideration,
a member of the audience was advised to address agenda Item
"D" during Oral Communications, and Councilman Boyd requested
Item "I" removed. Boyd moved, second by Yost, to approve the
order of the agenda as revised.
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AYES:
NOES:
VACANCY:
Boyd, Campbell, Doane, Yost
None
One
Motion carried
ORAL COMMUNICATIONS
Mayor ProTem Campbell declared Oral Communications open. Mr.
Ed Simmons, mentioned First Annual Surfing Contest in Seal
Beach held last weekend, organized by the City's Lifeguard
Department and with considerable effort by many people, and
declared it was fantastic. He said there were between seven
hundred to a thousand people on the beach, the contest very
well run. He extended appreciation to Messrs. Boyd, Barrow,
Yost, and Till for coming to the event, entering the contest,
bringing their families, expressed his hope that this will
take place once a year, the type of event that the City needs
more of. Mr. Simmons said he also wanted to comment on the
beach, if the City were to put a dollar into the beach it
will get five back, yet there is much to be done, suggested
that a committee be formed to include the District One
Councilperson, the City Manager, bring in Moffat & Nichol,
people familiar with the beach, sit down, talk, look at
pictures, figure out a plan. He claimed that the five years
of sand is gone, the south end of the beach is eroding, the
worst he has seen in some forty years, there is a massive
amount of sand next to the seawall and if there is a large
storm the pier will be lost again, that is because there is
no sand at 13th Street to break the waves before they get to
the beach, the waves will come in, through the pier, bounce
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off the buildup of sand, hit the seawall, then the waves can
only go one place which is straight up. After rains, Mr.
Simmons said there should be a monitoring program as to the
quality of the water, find out what is coming down the River,
other cities are allowing things to come down the River that
is ruining this beach, it is dirty, and noted two world class
surfers here this past weekend commented that it was dirty.
He offered that this is our beach, our playground, the kids
are at the beach, they are going to surf, the beach needs to
be cleaned, also long range issues looked at for the south
side, the ocean is rising each year, now 7.1, 7.2, it is said
within two to three years it will be 7.5, 7.8, the jetty will
not be seen at 7.8. Mr. Simmons asked if things are being
done with the Seal Way people in mind, yet other people are
affected, the berm doesn't help, look at the pictures from
1983. He mentioned that he lives on 17th Street, Seal Beach
Boulevard to 15th Street is about four feet three inches
lower than Seal Way, thus who is going to be impacted more
with a major storm or surge, all of Seal Beach, and made
reference to grates placed in the streets of Laguna Beach to
deal with massive water runoff, that is the type thing he
would like to see a committee start talking about. He said
everyone listens to Moffat & Nichol yet they do not live
here, walk on the pier every day, surf in this ocean,
suggesting that the knowledge of the Lifeguards should be
sought, people need to start working together, there needs to
be input, the community should be able to help itself. Mr.
Simmons said there has to be an alternative to sand
replenishment, the south end of the beach is being ruined to
make money, no one can use it because of the berm and it can
not be cleaned, if the water washes over the sand will be
cleaned, the last time the water washed over the berm it sat
next to the wall along Seal Way, kids played in the water, it
was a health hazard. He mentioned that there are now twenty-
six State regulations against water pollution, to which he
asked how much money is Seal Beach getting, how much money is
the City getting from the debris coming down the River,
suggesting that when a rain is expected, drop some grates
across that River to catch the debris. Mr. Simmons stated
again that it is time for a committee, time to do something,
share ideas, the City is losing money from a part of this
community that no one goes to now, when the visitors leave
they throw their trash on the ground. He concluded his
comments with appreciation once again for the participants in
the surfing event.
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OATH OF OFFICE - DISTRICT TWO APPOINTEE
The City Clerk administered the Oath of Office to Mr. Paul
Snow, the newly appointed member of the City Council
representing Councilmanic District Two for the unexpired term
ending May, 2000. Councilman Snow assumed his City Council
position to applause and congratulatory comments from the
members of the Council.
I CITY COUNCIL REORGANIZATION
SELECTION OF MAYOR
Nominations were declared open for the selection of Mayor.
Councilman Boyd nominated Mayor ProTem Campbell for the
position of Mayor. By unanimous consent, nominations were
declared closed.
AYES:
NOES:
Boyd, Campbell
Doane, Snow, Yost
Motion failed
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Councilman
of Mayor.
closed.
Doane nominated Councilman Yost for the position
By unanimous consent, nominations were declared
AYES:
NOES:
Doane, Snow, Yost
Boyd, Campbell
Motion carried
Dr. Yost was declared to be selected as Mayor. II
SELECTION OF MAYOR PRO TEM
Nominations were declared open for the selection of Mayor
ProTem. Councilman Boyd nominated Mayor ProTem Campbell to
continue in that position, and Mayor Yost nominated
Councilman Doane.
Vote on the nomination of Mayor ProTem Campbell:
AYES:
NOES:
Boyd, Campbell, Snow
Doane, Yost
Motion carried
Mayor ProTem Campbell was declared to be selected to continue
in that position.
Dr. Yost assumed the Mayoral position.
RESOLUTION NUMBER 4678 - MAYORAL APPOINTMENTS
For information of the Council, it was noted that certain
Councilmembers are currently serving in the capacity of
representative or alternate to the various Boards/Agencies.
A suggestion was made that appointments be made or
reconfirmed. Counci1member Boyd stated he has served as the
alternate representative to the Board of Directors of the
Sanitation Districts, would like to continue, and suggested
Councilman Snow as the alternate, is the current
representative to the Orange County Fire Authority, would
like to continue, and Councilman Snow accepted the alternate
position. Councilmembers Campbell and Snow agreed to be the
representative and alternate to the West Orange County Water
Board. Confirming that the City is not currently a fee
participant in the Southern California Association of
Governments, Councilman Boyd suggested that a representative
and alternate not be designated, and that the City
disassociate itself from that organization, to which a
consensus of the Council was indicated. Councilmember
Campbell agreed to continue as the representative to the
Orange County Division of the League of California Cities,
Mayor Yost to serve as the alternate. Mayor Yost offered to
continue as the representative to the Santa Ana River Flood
Protection Agency, and Councilman Snow was selected as the
alternate.
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Councilman Boyd noted that he is the current representative
to the Orange County Library Advisory Board however requested
that another member of the Council consider assuming that
participation. As to reference to the Orange County Regional
Airport Authority, Councilmember Campbell indicated her
continued interest in serving. The recommendation was that
appointments to those bodies be placed on the next agenda for
consideration. As to the Vector Control appointment, now
held by Mr. Frank Laszlo, the City Clerk advised that that
appointment is made at a different time and for a specific
period.
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With regard to the SCAG appointments, the City Attorney noted
that the City has never been active in that organization,
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however that body sets the regional housing needs, which has
been deferred since 1992, however will establish numbers in
the year 2000 therefore the City may wish to have some
involvement. He recalled that about ten years ago this was
an issue in that the City was not participating and SCAG was
telling the City how much housing was needed, the positions
could be left vacant yet the City may wish to remain a member
of SCAG in order to participate in the housing needs process
when it comes forth. For the purpose of information, the
City Manager offered to provide a report relating to SCAG, to
which the Council agreed by consensus.
Boyd moved, second by Campbell, to adopt Resolution Number
4678, as amended to reflect the appointments as mentioned,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CONFIRMING APPOINTMENTS MADE BY THE MAYOR AND
COUNCIL OF REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES, AND
ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS AND
REPEALING RESOLUTION NUMBER 4633." By unanimous consent,
full reading of Resolution Number 4678 was waived.
AYES:
NOES:
Boyd, Campbell, Doane, Snow, Yost
None Motion carried
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APPOINTMENT - WESTCOMM
It was mentioned that Councilmembers Campbell and Doane had
indicated an interest in serving on the Westcomm Board.
Councilman Doane said he attended one meeting as the interim
representative and expressed interest in continuing. Boyd
moved, second by Campbell, to designate Councilman Doane as
the representative to the Westcomm Board.
AYES:
NOES:
Boyd, Campbell, Doane, Snow, Yost
None Motion carried
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RESOLUTION NUMBER 4679 - CITY COUNCIL MEETINGS - PROCEDURAL
RULES
Resolution Number 4679 was presented to Council entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, ESTABLISHING PROCEDURAL RULES FOR CONDUCT OF
COUNCIL MEETINGS." Councilman Boyd said in an effort to
update the Council agenda format he developed a proposed
format from a compilation of agendas of seven different
agencies, the draft distributed to the members of the
Council, legal counsel, and departments for their input. He
noted that there are two different cover pages for the
monthly meetings, there is no Agency session on the second
Monday, the Council meeting would commence at 7:00 p.m., the
agenda cover sheet notes the cablecasting of the meetings and
when, also gives the web site, the fourth Monday meeting
would commence at 7:00 p.m., the Closed Session would be
moved to the end of the Council business session, and the
Redevelopment Agency meeting would be held at the conclusion
of the Council meeting. Councilman Boyd pointed out that it
is proposed that the designation of Oral Communications be
changed to Public Comments, then, as requested by legal
counsel, the general statement under the first public comment
designation revised to provide that the public may address
any item on the current agenda rather than any item of
interest. To that the City Attorney explained that when
there are two public comment periods, most cities provide for
comments to agenda items at the first, the second is for any
item within the jurisdiction of the Council, however it can
be done either way. Citing time constraints of many members
of the public, not wanting to remain until the end of
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meetings to bring forth comments, Councilman Boyd said his
preference would be to maintain public comments as they are
presently. He noted the new format will show the action
requested in bold type, there is a category for City Attorney
Reports, that would only be for legal issues that would not
require a Closed Session discussion, there is a category for
City Manager/staff reports, to that he noted a recent request
for a quarterly financial report, requesting that a quarterly
Treasurer's report be agendized accordingly. Councilman
Doane noted that occasionally people desire to bring items
before the Redevelopment Agency, his concern is that without
a specific meeting time they would need to wait until the
conclusion of the Council meeting. In response, Councilman
Boyd pointed out that the time would be established at 7:00
p.m. then adjourned until the end of the Council session,
however if there are persons present who wish to speak the
Agency meeting could be moved forward, the intent is to
expedite the meetings so they will not be so lengthy. He
pointed out also the elimination of the use of City
letterhead in the preparation of the agenda, rather, the
cover page would be the City logo. Mr. Gordon Shanks, Surf
Place, stated his opposition to changing the format of the
Redevelopment Agency, the meetings are 6:45 p.m., it takes
just one additional sheet of paper for the agenda, although
the agendas have been minimal for some time there will be
issues forthcoming where there will be considerable public
input. He commended the efforts of Councilman Boyd, stated
he had not seen the proposed format change until coming to
the meeting, and requested that action on this matter be
delayed to allow for public review, as it is felt the
procedures are stricter than need be. Mr. Shanks was
provided a copy of the actual agenda format as proposed as
his reference was determined to have been to the proposed
Resolution, and Councilman Boyd emphasized that the intent is
to keep the format as simple and uncomplicated as possible.
Mr. Shanks repeated his request to delay action on this
matter until the next meeting, and expressed his opinion that
the change of the Agency meeting time is not a minor change.
Councilman Boyd pointed out that the only changes are the
designation for Public Comments and the addition of reports
from staff, that previously adopted meeting regulations have
now been incorporated into one document, and pointed out that
the Agency meeting time has already been changed by
Resolution of that body. Yost moved, second by Campbell, to
postpone consideration of this item until the next meeting.
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AYES:
NOES:
Campbell, Doane, Snow, Yost
Boyd
Motion carried
CONSENT CALENDAR - ITEMS "E" thru "N"
Doane moved, second by Campbell, to approve the recommended
action for items on the Consent Calendar as presented, except
Items "I, G, and J", removed for separate consideration.
E. 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 reading of the title unless specific
request is made at that time for the
reading of such ordinance or resolution.
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F. Approved regular demands numbered 21978
through 22197 in the amount of $971,213.18,
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payroll demands numbered 2134 through 2416
in the amount of $286,372.40, and authorized
warrants to be drawn on the Treasury for
same.
H.
Received and filed the staff report relating
to the Seal Beach Weapons Support Facility
Installation Restoration Program, Draft
Final Site Management Plan, and instructed
staff to forward same to the Planning
Commission, Environmental Quality Control
Board, and Archaeological Advisory
Committee for information purposes.
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K. Denied the claim for damages of Lourdes R.
Ines and referred same to the City's
liability attorney and adjuster.
L. Denied the claim for damages of Yefim
Davydovich Kulik and Yelena Kulik and
referred same to the City's liability
attorney and adjuster.
M. Approved the minutes of the November 17,
1998 regular adjourned meeting.
N.
Adopted Resolution Number 4681 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH SETTING SALARY AND
BENEFITS FOR THE ASSOCIATE PLANNER AND
ASSISTANT PLANNER POSITIONS." By
unanimous consent, full reading of
Resolution Number 4681 was waived.
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AYES:
NOES:
Boyd, Campbell, Doane, Snow, Yost
None Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
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ITEM "G" - BOLSA CHICA CHANNEL IMPROVEMENTS - MITIGATED
NEGATIVE DECLARATION - COMMENT LETTER
Councilmember Campbell noted her concern with the County
proceeding with improvements to the Bolsa Chica Channel, of
concern is that there is considerable wildlife in the Channel
behind Wisteria, it is now a rock culvert, when it is turned
into a concrete box culvert the wildlife will be gone, this
was brought to attention some months back however it is known
that nothing can be done because Garden Grove is pushing
forward this project. She expressed regret that the wildlife
will be lost. Councilman Doane agreed, however mentioned
that the channel through the middle of Leisure World is
concrete, said he has seen wildlife there, they seek the
algae. Councilman Snow inquired as to a more specific
location of this channel, to which Councilmember Campbell
explained that it is on the eastern side of the Armed Forces
Reserve Center, separates Seal Beach from Garden Grove south
of Lampson Avenue, the homes on the eastern side of Wisteria
back to this drainage culvert, the water runs under the 405
Freeway and eventually through Leisure World, the culvert is
currently lined with rock, there is a meandering stream, and
when there was the 1995 flooding this channel did overflow in
an area north of Lampson yet did not come into the backyards
of the homes on Wisteria, not known if that occurred on the
Garden Grove side. Doane moved, second by Boyd, to receive
and file the staff report and instructed staff to forward
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same to the Planning commission and the Environmental Quality
Control Board for information purposes.
AYES:
NOES:
Boyd, Campbell, Doane, Snow, Yost
None Motion carried
ITEM "I" - MONTHLY INVESTMENT REPORT
With the revised agenda format, Councilman Boyd inquired if
the Finance Director would be willing to provide a quarterly
report of revenue and expenditures in accordance with the
budget, this would tie into the goal for strategic financial
planning and provide information to the public as to where
revenues are coming from, where they are being spent, etc.
The Finance Director/Treasurer agreed to do so. Boyd moved,
second by Campbell, to receive and file the Monthly
Investment Report for December, 1998.
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AYES:
NOES:
Boyd, Campbell, Doane, Snow, Yost
None Motion carried
ITEM "J" - RESOLUTION NUMBER 4680 - SIGNATURE AUTHORIZATIONS
Resolution Number 4680 was presented to Council entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, PROVIDING AUTHORIZATION TO SIGN DEMANDS AND
CHECKS FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE BANK
OF AMERICA AND WELLS FARGO BANK, AND AUTHORIZING ALTERNATIVE
SIGNATURES, AND RESCINDING RESOLUTION NUMBER 4627." By
unanimous consent, full reading of Resolution Number 4680 was
waived. Counci1member Campbell made reference to the third
recital of the Resolution suggesting that language be added
to read 'duly appointed City Manager' as is the Finance
Officer duly appointed. The City Attorney agreed to the
additional language. Campbell moved, second by Doane, to
adopt Resolution Number 4680 as amended.
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AYES:
NOES:
Boyd, Campbell, Doane, Snow, Yost
None Motion carried
TEEN PROGRAM - NEEDS ASSESSMENT STATUS
The Recreation and Parks Director reported that she and Ms.
Cynthia Lydeoff have toured the Los A1amitos Teen Center, met
with Mr. Stretz, the Director, who showed some of the
programs they are producing, talked about the possibility of
producing some of the same programs for Seal Beach, he was
enthusiastic with considering Seal Beach as another site of
the Youth Center. He will be helping with the assessment
process, the first draft of the assessment instrument to be
presented in February, the Council will receive the
assessment for consideration of additions, deletions, etc.
prior to finalization and distribution, the assessment hoped
to be completed by the first part of April. She noted that
Mr. Stretz has applied for a grant funded by United Way in
the amount of $25,000 to fund the program. The Manager said
it is hoped there will be good information forthcoming from
the assessment, also that a commitment of the families can be
obtained to participate in the program.
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AGREEMENT - PROJECT MANAGEMENT SERVICES - SEAL BEACH
BOULEVARD/I-40S BRIDGE WIDENING - PROJECT NUMBER 750
The Public Works Director stated this item is a request for
authorization to enter into a professional services agreement
with Mr. Gail Pickart for project management of the Seal
Beach Boulevard bridge widening at the 405 Freeway, noted
that prior approval was received for preliminary engineering,
environmental documentation, and project development through
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the CalTrans process, and because of the limited staff size
the desire is to retain a full time person to be aedicated to
this project to keep it on-track. The Director described the
experience of Mr. Pickart, a current project in Newport
Beach, and his familiarity with the CalTrans process.
Councilman Boyd noted the cost of not to exceed $45,000,
inquired if application has been made and if the monies have
as yet been received. The Director responded that monies
were promised through the OCTA standard process, GMA 2 and 6
previously approved and allocated funding for the preliminary
portion of the project, about $300,000 is presently dedicated
to that effort, with this amount it is just under another
$300,000, confirmed that a Council Resolution had been
adopted some time back approving submittal of this project,
and explained that once a project award has been made and the
agreements executed a billing is sent to OCTA for ninety
percent of the project, at the completion of the project the
final ten percent is awarded. Councilman Doane inquired if
local elected officials are still participating in the GMA's,
to which the Director responded that he was uncertain yet
presumed that Councilmember Campbell was participating in GMA
2 and Councilman Boyd in GMA 6. Councilman Boyd expressed
his belief that this project is moving forward rather quickly
because of the available funding, irregardless of the Bixby
project, the overpass bridge does have problems, however said
he personally did not want to see further General Fund money
being allocated for consultants, the City has a good staff,
there are more engineers employed now than there has ever
been, yet hearing that this will not be paid from the local
budget is reassuring.
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Boyd moved, second by Doane, to approve the professional
services agreement with Gail Pickart, P.E. to provide project
management and oversight for the engineering services
contract which includes planning, environmental, and
preliminary engineering services in conjunction with the Seal
Beach Boulevard Bridge Widening over the I-405, Project
Number 750, and authorized the City Manager to execute the
contract.
AYES:
NOES:
Boyd, Campbell, Doane, Snow, Yost
None Motion carried
With the permission of the Council, Councilman Snow spoke to
a previous item, commending the efforts being put forth for a
teen program to benefit the children.
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RESOLUTION NUMBER 4682 I RESOLUTION NUMBER 4683 - MASTER PLAN
AGREEMENT AND PROGRAM SUPPLEMENT - MARINA DRIVE BRIDGE
RECONSTRUCTION - PROJECT NUMBER 676
The Public Works Director explained that Resolution Number
4682 authorizes execution of a master agreement with the
State, CalTrans, for the use of federal funds for the
reconstruction of the Marina Drive Bridge, the agreement
necessary in order to bill the State for those funds, the
State funding ninety percent of the project up to $5,000,000,
the remaining ten percent will be split with the City of Long
Beach, that would be about $250,000 for Seal Beach of which
there is currently $175,000 allocated in the budget, the
expectation is close to that amount. He said this is
authorization to bill the State for this City's share of the
design costs, the project is presently in design and moving
toward a bridge type selection, Seal Beach has offered to be
the lead agency for the project therefore Long Beach will be
forwarding their share to Seal Beach. Councilman Boyd asked
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if the bridge will be closed completely during construction,
to which the Director responded that that continues to be
reviewed with Long Beach, there has been agreement to
construct a reduced sized bridge, two lanes rather than four
lanes with improved bicycle and pedestrian facilities, also,
it is realized that considerable money could be saved if
there were agreement to close the bridge, which could pose a
greater problem for Long Beach than Seal Beach, thus that
issue has been deferred to them, if they opt for a one year
rather than two year closure the difference in cost could be
up to or over a million dollars, yet they will want to be
sensitive to the businesses in the marina area, their
comments are being awaited. Contact of the Long Beach
elected official representing that area was mentioned, noted
that their concern is the impact on the businesses in the
marina, also, State regulations allow work to be done only
during the summer months, if the intent is to get it
completed it would likely be only one lane and require
signalization, which will impact traffic flow and the
businesses, the concern of this City is to reduce the bridge
to two lanes which will effect traffic calming and provide a
better pedestrian access to the marina area.
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Boyd moved, second by Yost, to adopt Resolution Number 4682
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH APPROVING AND PROVIDING EXECUTION OF
ADMINISTRATING AGENCY-STATE AGREEMENT WITH THE STATE
DEPARTMENT OF TRANSPORTATION FOR EXPENDITURE OF FEDERAL AID
FUNDS" and
Resolution Number 4683 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH, AUTHORIZATION BY CITY
COUNCIL FOR DIRECTOR OF PUBLIC WORKS TO EXECUTE INDIVIDUAL
'PROGRAM SUPPLEMENT' AGREEMENTS FOR THE MARINA DRIVE BRIDGE
PROJECT #676." By unanimous consent, full reading of
Resolutions numbered 4682 and 4683 was waived.
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AYES:
NOES:
Boyd, Campbell, Doane, Snow, Yost
None Motion carried
PRESENTATION - STRATEGIC FINANCIAL PLAN / UTILITY TAX REPORT
The City Manager reported that the City departments have
worked with him on this Plan for the past six months, his
intent being to provide the Council with an overview and
background of this report along with twelve recommendations
that he would request be considered at a future meeting or
workshop. The Manager noted that with the adoption of the
1998/99 budget in June of 1998, the Council directed the
preparation of a mid-year report analyzing the City's
financial position, particularly with respect to the utility
tax. The basic premise for this report is that it is
understood the Council placed a high priority on fully
justifying the current level of utility users tax with an eye
to reducing it below the current eleven percent if and when
other revenue sources are sufficient to meet infrastructure I
replacement and operating needs of the City. He noted that
the Finance Department prepared a revenue projection analysis
that incorporated State and regional economic outlooks, State
political trends, historic trends in the City, recent land
use decisions and conservative estimating concepts.
* The most significant change in the revenue outlook is
the estimated $1.03 million per year in sales tax income
from the Bixby Towne Center project which is anticipated
to begin in 2001-2002;
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Absent any catastrophes or major State takeaways, this
sum could, in whole or in part, be applied toward tax
relief, specifically, the utility users tax;
In evaluating the utility tax this broadened into a
strategic financial plan, the other side of the equation
is the costs for a capital improvement program, capital
maintenance and operations, which must be carefully
weighed in any tax relief deliberation inasmuch as when
it is reduced it is likely permanent;
Areas of concern are:
Storm drain system Master Plan implementation;
Sewerage system Master Plan implementation;
Water system Master Plan implementation;
Pavement Management system implementation;
Curb, gutter and sidewalk replacement expenses;
City facilities deterioration - 1st Street beach
complex, pier and main beach area, community
centers, parks, City Hall;
Public safety operations cost increases - Fire
Authority and police personnel for optimal
manning;
Each year funds are budgeted to repair the worst of the
problems, years of deferred maintenance have resulted in
a substantial backlog in the millions of dollars;
The policies and implications of setting reserve funds
have not as yet been addressed by the Council;
The utility tax is actually a cost consideration matter
because if that revenue is reduced a means must be found
to cover the costs that will be there no matter;
The sales tax from the Bixby Towne Center will be the
major change from what the City has experienced in the
past and most likely for years to come;
It is important to not overlook cost efficiency
measures, the Council has made it clear that they would
not just look to the revenues and anticipate spending
whatever comes in until there is an exercise in cost
efficiency;
Again with regard to the Bixby Towne Center, by year
2001, according to the fiscal impact report, a little
over a million dollars is anticipated, yet once built
out, about 2001/2002, it is estimated that approximately
$1.5 million of new money would be available to the
City;
Cost considerations need to be faced before looking at
tax relief and the spending of the additional revenues;
Noted that there are some cost considerations that will
come to the City eventually, having been in the Fire
Authority for three years, cost increases have been very
minimal, now that the labor issue has been resolved, it
is known that there will likely be an increase of about
three percent, built in to the existing formula, there
has been a lot of effort with regard to the equity
study, thought to determine how monies will be
distributed between the twenty-one members, that is a
possible implication, yet if not touched by that it is
known that Seal Beach has not been responsible for
funding capital improvements at the Authority, that
would point to increased costs;
These are things that need to be considered when looking
at the current revenue stream and tax income before
cutting it off where the reduction would be permanent;
With regard to police personnel, there have been
discussions with the Police Chief, determined that the
level is not defined as, in a business sense, an optimal
staffing level, as there have been substantial staff
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reductions over the years in POlice, Public Works, and
other departments, from a business and public safety
standpoint it is not felt that police personnel is at
the optimal level, therefore before there is any
permanent tax relief or loss of permanent income sources
the Council needs to be made aware;
Estimates by the Public Works Department as to the cost
of the backlog as a result of deferred maintenance for a
number of years, totalling $39.5 million:
Storm Drains - $7 million;
Sewerage - $10 million;
Water system - $7 million;
Pavement program - $12 million;
Curb, gutter, sidewalk replacements - $2.5
million;
City facilities - $1 million;
These are not year to year projects that would be funded
out of available revenues after expenditures and
operational costs, this is a backlog that is given
little thought until something breaks;
If looking at a strategic financial plan for the City
with an objective to remain a viable municipality in
California, whatever may come, it is believed the
Council has to look at its infrastructure, commit to a
long range plan to come up with $40 million, not all
deferred maintenance problems should be addressed at
once, a prudent approach is to identify the on-going
revenue sources and commit to a capital improvement
program which designates funding for specific projects
over time and to achieve the goal of halting the
deterioration of the infrastructure;
It is necessary to begin now with a financial commitment
to the CIP, it is proposed that in addition to the
annual operating budget and capital improvement program,
that the Council designate annually -
An additional $600,000 for storm drains;
A half million for the sewerage system;
$200,000 for the water system - it is understood
several years ago there was a water system
master plan however it did not go quite far
enough in identifying all of the water lines
that are going to fail in the next fifteen
years - that plan needs to be amended - from a
business standpoint it makes sense to designate
more funds each year;
$750,000 for streets;
$150,000 for curbs and sidewalks;
$50,000 for City facilities;
A total annual cost of $2,250,000;
There is need to make a commitment now to start
providing additional funding for the backlog of
projects, the $2,250,000 is more money than there is
available today and even with the new revenue from the
Bixby project;
Not all is a demand on the General Fund, sewer and water
are enterprise funds, those monies, paid by the
customers, are meant to offset the entire cost of
running the system, including the infrastructure, if
those costs are removed then the additional total annual
demand on the General Fund is $1.55 million, that is
money needed to address the backlog over about a fifteen
year period;
The $1.55 million is about $500,000 more than the $1.03
million that is projected from the Bixby Towne Center
project by year 2001-2002, in 2002-2003 and subsequent
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years the Bixby project is anticipated to generate about
$1.5 million, that would basically balance with the
program previously mentioned, putting aside those monies
to deal with the seven areas of backlogged
infrastructure, if the Bixby money were applied solely
to infrastructure it would roughly cover it, this would
assume that no General Fund monies would go to the sewer
or water projects;
With regard to the City's deficiency in reserves, until
the last couple of years the Council could not even
consider a reserve policy because the City was barely
meeting its basic operating expenses and some curb,
gutter, sidewalk repair, consequently there has been no
determination as to what amount of reserve would provide
sufficient security for the City, it is felt however
that a twenty-five percent reserve would be prudent for
this size municipality, one quarter of a year's
estimated revenue, that would be set aside as an
unobligated emergency reserve, recent memory is that the
City nearly did not meet payroll, memory also that the
State took a large portion of property tax and never
returned it, without the utility tax the City could have
been bankrupt or would have shut down its operations;
This year the State legislature looked hard at taking
the vehicle in-lieu fees which would have been a big
item for Seal Beach, a large organization can possibly
set aside a lesser reserve yet has a number of other
resources to draw from in an emergency, to which it was
suggested that the Council consider setting a target
reserve level at twenty-five percent, that amount be set
aside in a bank earning interest and generating income
to the General Fund before considering the sacrificing
of ongoing revenue sources to the City in the form of
tax relief or any other means;
Reserves have been broken out into two categories,
mandated reserves, a Charter requirement for a $1
million reserve for contingencies, that has been built
up to about $750,000; membership in OCCRMA requires a
$900,000 set aside to pay claims, that amount is about a
half million dollars short at this point; compensated
absences is estimated at $950,000, opinion is that it is
prudent to not totally fund that, a suggested half
million dollars would be reasonable and not expose the
City to unnecessary risk or legal exposure; the
government accounting standard sets basic guidelines and
suggests that cities recognize that comp, vacation, and
sick time built up by employees needs to be funded but
they do not set a specific requirement;
The $1 million mandate needs to be met before adequate
reserves can be discussed;
Other reserves for contingencies and emergencies equals
about twelve percent, it is recommended that that be
built up to about twenty-five percent over time, about
$1.4 million more, then the City would be in good
financial position and have adequate reserves, it is
felt that can possibly be achieved in a five year
period;
There should be a total of $2.4 million set aside in
mandated reserve accounts and contingency accounts
before considering lowering any revenues to the City,
first, mandates should be met and General Fund reserve
balances should be double what they are now;
Efficiency measures - with Council direction an
organizational review was performed in the fall to
determine where and how efficiency measures could
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provide cost savings while maintaining equal or better
service, the Council was not in a service reduction mode
for the sake of reducing costs but to see if there were
ways to achieve efficiency and maintain present service
levels or enhance service levels;
The result is a series of recommendations that is
estimated could provide the City with $292,000 cost
savings by the end of fiscal year 1999-2000 -
Add one traffic officer position, net $40,000 in
citation revenue;
Contract with the County for Animal Control
Services - net saving of $67,000;
Efficiency measure savings for the Police
Department would be $107,000;
This City provides Animal Control Services under the
Police Department, the Department was asked to evaluate
options for animal control such as joining with other
cities or contracting with other cities or selling the
Seal Beach services to other cities so that overhead
could be reduced, and still use the shelter, the
conclusion of that was that because of limitations on
space and the proximity of the shelter to residential
and future residential neighborhoods it was determined
that a larger animal population could not be
accommodated, therefore if the City was to contract its
services it would not be feasible to have animals
brought to Seal Beach, other cities may have been
interested but there was not adequate shelter,
contracting with other cities and having the animals
handled by them was looked at too; in discussions with
the County animal control it was found that they could
provide animal control services to Seal Beach and
continue to use the local shelter as a facility, in
other words dogs would not be taken out of Seal Beach,
it would in effect be taking Seal Beach Animal Control
Officers and the Animal Control vehicle and putting them
under the auspices of the County, in meetings with the
Police Department staff the County indicated a
willingness to do that and honor and respect the local
no kill shelter in this City, they were perfectly
comfortable with that, suddenly that idea had more
appeal because financially there was a $67,000 net
savings per year; the shelter has been apprised of this,
there are people that have not been able to separate the
two functions, a City operated Animal Control function
operates under the laws of the State of California, then
you have to pick a shelter, most cities do not have a
shelter and contract with the County with animals taken
outside the City limits, an inconvenience and an
emotional experience for people going to collect their
pets, that was a condition at the outset, having been
made clear by the Council and the community;
It was clarified that the Council is very fond of the
shelter, the Council does not want pets going to the
County facility, this would be a contract for patrol
services only;
Concern was expressed with animals being picked up from
Lampson Avenue and taken to Garden Grove;
Not speaking specifically for the shelter, however Capt.
Maiten, the City's coordinator for animal services, has
spoken to them many times, assured them of what the
City's objectives were, in looking at the report
regarding animal services it has been shown that that
function is overpaid, more being paid than is warranted,
this is presented to Council for possible policy
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consideration, but the shelter is not an issue;
Efficiency measures relating to Parks, Recreation and
Community Services - contracting out landscape median
maintenance and park mowing, called a mowing contract,
estimated savings could be $75,000 per year, and
contracting janitorial services would be a $25,000 per
year savings, net savings $100,000;
Efficiency measures in the Public Works Department -
discontinue boat ramp maintenance on the pier, a $25,000
saving, the sportfishing operation and Torch Petroleum
would maintain the ramps, contract out signal
maintenance, that may require some signal upgrading
however should pay for itself, this a $30,000 saving,
revise and automate refuse collection, an example would
be trash and debris from the beach and Main Street, cost
reduction would be about $40,000, and consolidate the
street supervisor position into an Assistant City
Engineer position, placing the responsibility into one
rather than two positions resulting in a $60,000 saving,
net value in Public Works $180,000;
Efficiency measures in the Finance Department -
outsourcing of payroll services, replacing two full time
positions with three part time positions has already
resulted in an estimated annual savings of $68,000, much
of this has been accomplished by reassigning personnel
and attrition;
Through the outsourcing program of the Public Works
Department, the course of action is not to eliminate the
positions, rather, reassign those positions to either
water and sewer operations or beach cleaning for
improved service levels, as the Council had indicated a
priority of dealing with maintenance problems due to the
lack of staffing and cutbacks over time, cleaning the
beach, maintenance of landscaped medians, etc., these
non-repetitive tasks where problems can be solved, those
savings are suggested to be reapplied to the human
resources in the areas that are top priority, the net
efficiency measures of Public Works is $60,000;
The grand total of the cost efficiency measures is
$292,000, this is felt to be doable, will actually
improve service by reassigning people to the different
tasks, and will be recognized by the end of next fiscal
year;
In summary, there is currently a General Fund budgetary
shortfall of about $1.5 million annually to fund the
Capital Improvement backlog projects, it is expected
this can be addressed by year 2001 with the slightly
over $1 million of new revenue derived from sales tax
from the Bixby Towne Center project, by fiscal 2002 it
is expected those revenues will be sufficient to cover
the backlog project program;
There is an approximate $1 million mandated reserve
shortfall, that needs to be met, another $1.4 million
needed to reach what is felt to be a prudent General
Fund reserve level, contingency reserve funds;
With the efficiency measures described of about
$292,000, progress can continue with regard to the
reserves and over a five year period that goal can be
reached, the financial Plan would commit each year to
setting aside the monies saved through these efficiency
measures and designate them to the reserves before
anything else;
This means in order to resolve the Capital Improvement
Program backlog and meet legal and prudent reserve
requirements, the City will not be in a position to
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consider reduction of the utility tax or any other
revenue source until revenues reach the $1.47 million
level in 2002, at that time current projections indicate
some reduction in the utility tax may be possible,
perhaps as much as a 9.1 percent reduction, which is 11
percent down to 10 percent, that without negatively
affecting the desired financial balance;
On the basis of those assumptions, it would be
recommended that the Council set a target date of
December 30, 2001 to consider reduction of the utility
users tax, which would take effect in year 2002-2003, to
coincide with the cash flow anticipated from the Bixby
Towne Center project;
This report and Financial Plan on the assumption that
the Council wishes to fund the CIP backlog at the level
suggested, and agree to fund the mandated and General
Fund reserves at the level suggested, as well as agree
to the efficiency measures as outlined;
If the Council were to place a higher priority on
immediate tax relief, it would be possible to accelerate
the schedule of utility tax reduction, however this
would delay the backlog of infrastructure projects and
lead to higher costs in the long term, this is a policy
determination and the Council needs to weigh the
competing needs;
It would be risky to ignore the legal and contractual
mandated reserve funding levels, it would not violate
any laws or contracts to reduce the recommended General
Fund reserve level as was suggested, that could be done,
a downside would be the uncertainty of the ability to
function following any serious emergency or large
revenue take away or loss, keeping in mind also that
reserves are another income source to the General Fund,
the City uses revenue from interest each year to fund
operations and costs to the City;
It is also possible to take more dramatic cost cutting
measures than outlined, yet Council should keep in mind
that more than half of operating costs from the General
Fund budget go to personnel, therefore any cost cutting
measures over those recommended would inevitably require
staff reduction, it is possible however in the opinion
of staff there would be a resultant reduction in service
levels which has already been reduced about sixty
percent from peak levels and there are no longer any
readily available means to maintain service levels if
there are further staff reductions, also, with
approximately sixty percent of the General Fund going to
public safety it would be extremely difficult to reduce
costs without affecting both police and fire services;
Staff recommendations -
* Set target date of December 30, 2001 to consider a
possible reduction in utility tax, a reduction from
11 percent to 10.5 percent represents an actual 4.5
percent decrease, about $182,000;
* Establish one additional traffic patrol officer
position for increased citation revenue effective
April I, 1999;
* Contract with County for animal control services
effective July 1, 1999;
* Contract out landscape median maintenance effective
May 1, 1999;
* Contract out janitorial services immediately;
* Contract out beach restroom maintenance effective
May 1, 1999;
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Consolidate Street Supervisor and Associate
Engineer positions into a single Assistant City
Engineer position immediatelYl
Discontinue maintenance of boat ramps for private
enterprises effective February, 1999l
Contract with Huntington Beach for signal
maintenance in July, 2000;
Revamp refuse collection operations with partial
automation in June, 1999;
Continue to monitor level of utility tax in terms
of infrastructure and operational needs and changes
to City's revenue stream;
Establish a policy of fully funding mandated
reserve accounts and establishing a General Fund
reserve equal to 25 percent of annual operating
revenues.
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Council requested a copy of this report in written form. The
Manager expressed appreciation to the Finance Director for
her assistance in putting together this program and to the
department heads and staff for their efforts to this report.
Councilman Boyd noted that much of this presentation was the
result of Council direction from the budget workshops in May
and expressed appreciation for the efforts. He offered that
the recommendations look good, his concern however is with
the first, the utility users tax, he personally does not like
any tax on the residents yet some are necessary, there have
been efforts to economize and reduce costs administratively
and operationally. As to the vehicle license fee tax,
Councilman Boyd urged the Council to consider this matter, it
will be a legislative matter before the State Assembly this
year to reduce the vehicle license tax that all pay on their
auto registration, the average savings to a typical Orange
County family is about $2,000 per year, it is believed that
this reduction would cost the City nearly $1 million per
year, the legislative proposals to change this say it will
not affect City revenues, yet it is known how such things
work, when Sacramento loses money all lose money. Councilman
Boyd suggested that the Council support a resolution to
support a vehicle license fee tax reduction, the reason being
that if the City is going to lose revenue let it be revenue
over which there is no control, the State can take it away at
any time, the City at least has control over the utility
users tax, thus would request that any discussion of
reduction of the utility users tax be postponed until there
is some solidification in the State legislature as to the
vehicle license fee tax, he would not want the Council to
obligate itself to a significant utility users tax reduction
over a three or four year period, maybe two to four percent,
yet on top of that the City could lose a million dollars a
year in vehicle license tax. Councilman Boyd said he also
believed there are further cost efficiencies that can
discussed during budget deliberations, he agreed with the
reserve policy of a minimum of twenty-five percent.
Councilman Boyd noted that last year the new Council received
a budget packet that is believed most did not have the
opportunity to review prior to the study sessions, to which
he suggested that the Council form committees of two, take
operational areas such as water, sewers and storm drains,
work with the staff and City Manager to identify priorities
within the infrastructure and Capital Improvement budget,
then bring that back to the Council, another committee for
administrative, facility repair, etc. He based his request
on the workings of the Orange County Fire Authority where
there are three committees dealing with operations,
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administration and personnel, and finance, suggesting this
procedure is productive, a closer participation in the
prioritization and expenditure of tax dollars. He asked also
that debt reduction be looked at. Councilmember Campbell
suggested bringing the public into the budget workshop
process, as some cities have done, this forces people to look
at some of the hard choices that are before the Council. A
comment was made that there are talented people in the
community of which the Council could avail themselves.
Councilman Doane referred to the public comments relating to
the beach, spoke in support of the suggestion to form a
citizens committee to discuss the beach issues, the speaker
an example of the talent and background in the community, his
opinions may not coincide that those of the consultant with
regard to sand retention yet could be brought forth.
Councilman Boyd agreed with the suggestion of Councilmember
Campbell as to involving the public, there needs to be some
significant participation rather than staff providing a large
document for the Council to just read through, that is not
functional, serves no purpose, and does not allow
participation of the Council as a policy making body in order
to guide the staff in the direction that the Council desires.
Again, the recommendations of staff were initially generated
from the Council, they can now be expanded upon by creating
more of a working relationship with the staff in terms of
prioritization and expenditures. Mayor Yost noted
considerable reference to outsourcing, to which he said he
wanted to make it clear that the greatest asset of the City
is its employees, the desire is that they be retained as much
as possible. As to the suggestion that the Council form two
person committees, Mayor Yost offered his opinion that he
liked the setting of a budget study session where all members
of the Council sat together yet the public was invited, would
like that to continue for the present, however would consider
the suggestion. For information of the public, explained
that a percent of Utility Users Tax represents about $300,000
of revenue. Councilmember Campbell pointed out that there
may be an eleven percent utility tax yet it needs to be
realized that it does not apply to water or cable use, as it
does in other cities, if it did the tax could be lowered to
about eight or nine percent. The City Manager said the that
report will show that there are qualifiers around the ~tility
tax in 2001, at that time it will be better known as to where
the legislature is going, as well as sales tax projections,
and the reserves, there was no specific recommendation on the
utility tax, rather, that was felt to be the first time that
the Council could consider a reduction. He explained also
that although the term outsourcing and contracting was used
several times, in almost every case where routine tasks have
been contracted it has been done with either reassignment or
through attrition, that is not anticipated to change.
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CITY MANAGER REPORTS
The City Manager made reference to on-going news articles
relating to Y2K readiness, reported that Seal Beach is
looking at this issue, has achieved a lot thus far, there has
been upgrading, City Hall is Y2K compliant, as are the
microsoft products, the financial software is nearly
completed, expected to be completed by the end of the first
calendar quarter along with a certification letter, the
automatic reader software is Y2K compliant and has a
certification letter, the data base program of Engineering
and Public Works is being replaced and it will be compliant
for the water system, work is being done to upgrade the
signals, that will not only make it possible to contract for
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signal maintenance but they will be compliant as well, the
equipment in the water department is so archaic it was never
computerized so there is no Y2K problem to worry about,
Planning permits needs to be placed in microsoft as well as
Recreation, the Police Department is working with the City's
contract service provider with regard to options, they have
guaranteed Y2K compliance certification for at least Police
communications purposes, yet other options for benefits are
being looked at.
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ORAL COMMUNICATIONS
Mayor Yost declared Oral Communications open. Mr. Gordon
Shanks, 215 Surf Place, mentioned that each year Seal Beach
is next to the lowest per capita income receiver of sales tax
revenue, this City has not utilized its Redevelopment Agency
to attract car agencies or some other means to increase the
sales tax return, at some point sales tax should be
apportioned based upon population and not origination. To
that Mr. Shanks suggested that this be proposed or an item of
discussion when attending meetings of the League, SCAG, or
whatever, as this City can not be the only one on the losing
end of sales tax receipts. Ms. Fran Johnson, Coastline
Drive, made reference to the animal services comments, asked
if there will be specific hours of patrol, how many hours,
and will the County be provided the animal control vehicles.
The City Manager said he believed that service hours would be
increased. Councilman Boyd suggested that in-lieu of
discussion at this time, that the inquiries be noted and then
addressed at such time as the issue of whether or not that
service will be contracted is before the Council. Ms.
Johnson recalled that this issue has existed for some time,
she has attended meetings at the County, it is uncertain as
to what their services will be, how responsive they will be,
will they use the trucks or will they be retained by the
City. Ms. Johnson said it seems as if the City wants to give
everything away, her preference is to keep services in the
City. Mr. Stan Anderson, Balboa Drive, offered that some of
the best natural resources are the people in this town, there
are people who could become a blue ribbon committee as
Councilman Doane mentioned with regard to the comments of Mr.
Simmons, there are people who consult to other cities and
have the ability to be at the leisure of the Council, people
who have expertise in many fields who are not here to make
money and could be an asset to the City. His understanding
is that another sand replenishment is not foreseen therefore
something needs to be done as to how that is going to be
addressed, whether it means a reef or removing the berm or
whatever, there needs to be a plan as to what to do. Mr.
Anderson commended the weekend surfing contest, this was a
good opportunity to have this community known as a great
little surfing town, there were good waves, he complimented
the Lifeguard Department and other supporters of the event,
and to comments that some time back Seal Beach lost surfing,
offered that his father was a member of the Council that said
if the surfers couldn't behave they would have to be
eliminated. He acknowledged that the local beaches do need
to be cleaned, also that the City should keep on top of Los
Angeles and Orange counties as they are the primary source of
the pollution problem. Mr. Anderson noted that the parking
meter poles are in the designated lots, at some point
hopefully on Main Street as well, asked when they will be
activated, Seal Beach probably the only Southern California
coastal city without meters, a source of revenue that needs
to be addressed and a consideration when talking of reducing
the utility tax as an example. In reference to the Animal
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Care Center, Mr. Anderson noted he has done some fund ra~s1ng
for that facility, asked what in fact will happen to the
trucks and facilities, to which he noted that at one point
the City gave up its schools, then the fire services, gave up
school property and then the City had to buy it back,
everything should be known with regard to the Center and
services before it is lost. To a time table for installing
the parking meters, Mr. Dorsey advised that they should be
operable in about two to three weeks. There being no further
comments, Mayor Yost declared Oral Communications closed.
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COUNCIL CONCERNS
Councilman Doane commended Mr. Bowles of the Sun Newspaper
for his coverage of crimes in Leisure World, specifically
those instances of taking advantage of senior citizens, the
Police Department has been conducting seminars, the video
producers of Leisure World have taped them, and he encouraged
the people of Leisure World and elsewhere in the City to seek
an awareness of the kind of crimes that are being perpetrated
on seniors, encouraged also the reading of the news article
with regard to the persons that were apprehended and what
they are charged with. He emphasized coverage of these
instances and public awareness. Councilman Boyd announced
that the Girl Scouts, including the Daisy's, will be joining
the Food Finders for a food drive in the month of February,
and requested participation by the public. He mentioned the
death of a small child this week in Laguna Niguel as a result
of a park bench, and requested staff to take appropriate
action to assure that does not happen in this city. With
regard to "an outstanding legal debt to an attorney that
serves the City, said his intent is to agendize this matter
for information of the Council, another item for Closed
Session discussion at the next meeting will be an issue
relating to the Ruby's Diner contract. with regard to the
Council reorganization, Councilman Boyd said, with no
disrespect to the newly selected Mayor or members of the
Council, he felt the action was somewhat shortsighted as the
Mayor ProTem was functioning well, yet now there will be
another reorganization in about s~x meetings,. his preference
would have been something more lasting, thirteen to fourteen
months of leadership of the Council, one impact will be the
moving of the State primary to the first Tuesday in March,
shortening the election cycle of the City by three weeks, his
recommendation explained in a memorandum that was provided to
the Council. Councilman Doane noted that the memo had not
been placed in the agenda. The Mayor asked if the desire
would be to place the reorganization on the agenda to
consider the fourteen month term. Councilman Boyd said the
intent was to reorganize for a period of fourteen months
effective at this meeting, the Mayor ProTem was the natural
successor, had been functioning as Mayor, yet with the action
of the Council reorganization will again take place after six
meetings. Councilman Snow said his preference would be to
have further detail on this issue, to which Councilman Boyd
explained his viewpoint in somewhat greater detail. Mayor
Yost welcomed Councilman Snow. He commended the efforts that
have been put forth with regard to the Marina Bridge project.
with regard to beach cleanup, said that is a major problem,
he has obtain information relating to booms and possible
compromises that were obtain for the bridge, supports the
idea of a blue ribbon commission to study the beach and water
issues and to avail the City of interested people in the
community. He commended the surf contest and congratulated
the City Manager for his surfing accomplishment to gain a
first place, noted that the Hellman project is continued to
I
I
1-25-99 / 2-8-99
the Coastal Commission meeting of February in Coronado, there
are issues that still need to be resolved. As to the mayoral
position, Mayor Yost thanked those who supported him, offered
to do his best to be fair and run meetings as evenly as
possible, his view of the position is not so much of that of
a leader, rather as a facilitator where all views are heard.
I
CLOSED SESSION
The City Attorney announced that the Council would meet in
Closed Session to discuss the three items identified on the
agenda and previously announced. The Council adjourned to
Closed Session by unanimous consent at 9:46 p.m. and
reconvened at 10:34 p.m. with Mayor Yost calling the meeting
to order. The City Attorney reported the Council had
discussed the three items identified, gave direction with
respect to the matter of Los Alamitos versus Seal Beach, no
other action was taken.
As a point of clarification, the City Clerk reported the
language set forth in the City Charter with regard to Council
reorganizations.
ADJOURNMENT
It was the order of the Chair, with consent of the Council,
to adjourn the meeting at 10:35 p.m.
I
Attest:
k
Mayor
~~
City Clerk
/4
Approved:
Seal Beach, California
February 8, 1999
The City Council of the City of Seal Beach met in regular
session at 7:00 p.m. with Mayor Yost calling the meeting to
order with the Salute to the Flag.
I
ROLL CALL
Present:
Mayor Yost
Councilmembers Boyd, Campbell, Doane, Snow
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