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HomeMy WebLinkAboutCC Min 1999-06-28 6-14-99 / 6-28-99 I p.m. the following day. Councilmember Campbell mentioned previously budgeted monies for improvements to Lampson Avenue, there was to have been another $20,000 this year for a total of $60,000, those funds are not shown in the budget, there was also $16,000 for improvements to Bluebell park, her desire is to use those monies for CPE street repaving this year, next year use the engineering monies for Lampson for Bluebell, and she too spoke for meeting with the City Manager the following day. Brief discussion continued with regard the hours spent thus far with budget review. ADJOURNMENT It was the order of the Chair, with unanimous consent of the Council, to adjourn the meeting at 11:10 p.m. clerk Approved: ~aYor Attest: I Seal Beach, California June 28, 1999 The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Ms. Stoddard, Director of Administrative Services Chief Sellers, Police Department Captain Schaefer, Police Department Mr. Danes, Assistant City Engineer Ms. Beard, Director of Recreation and Parks Mr. Dorsey, Assistant to the City Manager Ms. Yeo, City Clerk PRESENTATION A video from the Orange County Airport Alliance was shown entitled Creating A Vision For Orange County Into The Next Century, an informational presentation in support of airport 6-28-99 reuse of the El Toro Marine Base, a 4,700 acre facility, an opportunity for orange County that can not be allowed to pass by. The presentation provided information relating to current and future air transportation needs, economic benefits, airport planning, quality of life, tourism, educational opportunities, property values, traffic, noise, and safety. I APPROVAL OF AGENDA Mayor Yost requested that Item "Ru, the comprehensive fee resolution, be considered prior to Item "Q", the 1999/2000 fiscal year budget, Councilman Snow "requested that Item "I" be removed from the Consent Calendar for separate consideration, and Councilmember Campbell asked that Item "B", cell phone tower in College Park East, be considered after the budget hearing, and that Items "F, H, J, X, and L" be removed from the Consent Calendar for separate consideration. Boyd moved, second by Doane, to approve the order of the agenda as revised. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried Councilmember Campbell noted again that the video was produced by the Orange County Airport Alliance, that group in support of the conversion of El Toro to a commercial, international airport, many of the questions of people in South County have been answered through the video, however mentioned that a petition is being circulated in opposition to airport use, people should become familiar with the facts before signing, however the petition may qualify for the ballot from the South County area. I PUBLIC COMMENTS Mayor Yost declared Public Comments open. Dr. Rosenman, 8th street, referred to prior discussion of the street paving issue, the problem may be a lack of information to the public, to which he suggested that a priority list of streets be displayed in the City Hall hallway for public review, thus eliminating claim that one area of the community receives more consideration than another. Mr. Stan Anderson, Balboa Drive, made reference to recent news articles that have reflected negatively on the City's beaches with the ratings of 0 and F in comparison to others, the City has been pursuing some means of rectifying the problems associated with the flow down the San Gabriel River, to which he asked if the City will be promoting a positive image of the beaches to encourage people to utilize them. Ms. Diana contreras, twenty-eight year resident of College Park East, an area referred to as having expensive homes, expressed displeasure with the lack of attention paid to their streets, specifically with the condition of Camelia, Columbine and Banyon, the City has been called many times, the response is that there are no funds yet other streets have been paved a number of times, never these, and provided pictures to Council. Ms. Jane McCloud, Balboa Drive, inquired if there would be an overview of the budget, the response was there would. There being no further comments, Mayor Yost declared Public Comments closed. I APPOINTMENTS - BOARDS and COMMISSIONS Archaeoloqical Advisory Committee Mayor Yost reappointed Joan Ellen Goldberg as the District Three appointee; Councilman Snow reappointed Ms. Joyce Basch 6-28-99 as the District Two appointeel Councilman Boyd reappointed Ms. Lorraine Willey as the District One appointee; Councilmember Campbell reappointed Mr. Bruce Fitzpatrick as the District Four appointeel and Councilman Doane appointed Mr. R. Gene Vesely as the District Five appointee. All appointed for the full term of one year expiring July, 2000. I Civil Service Board Councilman Doane reappointed Ms. Penny Mazman as the District Five representative for the full term of six years expiring July, 2005. Environmental Qualitv Control Board Councilman Snow reappointed Mr. Steve Jones as the District Two representative for the full term of four years expiring July, 2003. Parks and Recreation Commission Councilman Boyd reappointed Ms. Mary Johnson as the District One representative, and Councilman Snow reappointed Ms. Lisa ChattIer as the District Two representative, both for the full term of three years expiring July, 2002. Planninq Commission Councilman Doane reappointed Mr. Tom Lyon as the District Five representative for the full term of four years expiring July, 2003. I proiect Area Committee Councilman Boyd appointed Mr. John A. Peschong as the District One resident member, Mayor Yost reappointed Ms. Loydean Lazich and Mr. John O'Neil as District Three resident members. All for the full term of two years expiring July, 2001. Councilman Boyd held over the District One business member appointment. Boyd moved, second by Campbell, to approve the appointments as stated. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried CONSENT CALENDAR - ITEMS "D" thru "0" Boyd moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented, except Items "F, H, I, J, K, and L", removed for separate consideration. D. 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. . I E. Approved regular demands numbered 23852 through 24134 in the amount of $1,273,981.18, payroll demands numbered 3896 through 4049 in the amount of $139,349.66, and authorized warrants to the drawn on the Treasury for same. 6-28-99 G. M. ~ 40 CL.t. ,.()~' 0\- 7~,rl)./ ~,\ (, \~ 'JI , o~ N. O. AYES: NOES: Approved the award of a professional services agreement to project Advisory Services in an amount not to exceed $5,650 to provide technical and administrative support for the Seal Beach Boulevard Rehabilitation projects, and authorized the City Manager to execute said agreement on behalf of the City. Adopted Resolution Number 4716 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH HONORING AND RECOGNIZING MAJOR GENERAL EDMUND C. ZYSK" (California Army National Guard). By unanimous consent, full reading of Resolution Number 4716 was waived. I Adopted Ordinance Number 1442 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 98-2 (ANAHEIM BAY VILLAS)." By unanimous consent, full reading of Ordinance.. Number 1442 was waived. Approved the minutes of the June 7, 1999 regular adjourned meeting and the June 14, 1999 regular meeting. Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "F" - AGREEMENT - CITYWIDE TRAFFIC VOLUME STUDY - PROJECT NUMBER 709 Noting the cost of this item of $10,000, Councilmember Campbell asked if this Study could be delayed a year. The Assistant City Engineer responded that the Study is proposed to be done now, commencing mid-summer, in order to collect peak traffic volumes, the numbers are required to be submitted to the State, the last Study was done in 1993, recently certain numbers provided by the consultants have been used, the volumes are also used for comparison purposes of streets having similar engineering conditions as that re~ates to the Pavement Management Plan. Campbell moved, second by Boyd, to approve a professional services agreement with Newport Traffic Studies at a cost not to exceed $10,000 to perform traffic counts at various locations throughout the City, authorize the encumbrance of the $10,000 into the 1999/2000 fiscal year budget, and authorize the City Manager to execute said agreement on behalf of the City. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I ITEM "H" - AWARD OF BID - STREET SEALING - PROJECT NUMBER 674 Councilmember Campbell recalled comment of City staff that sometimes repaving is delayed by utilizing slurry seal, the cost of slurry about one-fifth the cost of paving, and inquired as to what streets in College Park East are slated for slurry seal, the response was the middle and old Dogwood, the middle portion of Hazelnut and bottom portion of Almond. Councilmember Campbell asked the rotation schedule for slurry sealing of streets or is it on an as needed basis, the 6-28-99 I response was that the basis falls within a budget amount of about $50,000 per year, after each winter season staff reevaluates the pavement conditions due to the toll that winter weather takes, the intent is to not slurry a street that is in need of an overlay, slurry is a process of preventative maintenance, if a street is beginning to show cracks the plan is to maintain that street so that it does not get worse, this is a process of buying time, preference would be to slurry every five to seven years but because of the deterioration rate and funding problems a specific schedule has not been established. Question was posed as to the amount of money available this year, the response was this is a combined project of this year and last, the total being $100,000. Bids were received on June 23, 1999 until 10:15 a.m. for Project Number 674, Street Sealing, at which time they were publicly opened by the City Clerk as follows: Asphalt Maintenance Company Pavement Coatings Company Doug Martin Contracting Company Roy Allen Slurry Seal $64,605.10 $65,473.65 $70,846.50 $73,311. 30 Boyd moved, second by Campbell, to award the contract for Street Sealing, Project Number 674, to Asphalt Maintenance Company in the amount of $64,605.10, and authorized the City Manager to execute said contract on behalf of the City. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I ITEM "I" - AWARD OF BID - HARVARD LANE OVERLAY - PROJECT NUMBER 6 7 3 Councilman Snow inquired when this project would commence. The Assistant City Engineer stated it is anticipated for July or August, the desire is to wait until the sub-base has the opportunity to dry out as much as possible, the plan is to bridge the pavement with a rubberized chip seal topped with two inches of rubberized asphalt, the concern is if the pavement is ground too much the soil will pop through which in turn will result in costly change orders, before the project commences portions of the pavement will be dug up to check the underlying soil condition. As to notification, the Assistant stated the intent is to first hand out an information flier to each resident, the contractor too is required to post no parking signs and notify the residents forty-eight hours prior to commencing the three phases of this project. Councilmember Campbell asked what is done when a street is so badly alligatored as was shown by the pictures of Banyon, Camelia and Columbine, the response was that it would be a light grind from the area of the curb and gutter, grinding is primarily to get a proper crown, that is necessary for drainage, also if the streets continue to be overlaid without grinding eventually vehicles will be hitting the middle of the street when they back out of a driveway. Councilmember Campbell reported being told that the College Park East streets are one and a half to two inches of asphalt rather than three, at present some of the streets are in such poor condition they may be down to dirt. The Assistant said the streets are being watched closely for pop-outs of asphalt so that they can be patched quickly. Bids were received on June 23, 1999 until 10:00 a.m. for Project Number 673, Harvard Lane Overlay, as follows: 6-28-99 R. J. Noble Excel Paving Company EC Construction Sequel Contractors, Inc. All American Asphalt $173,028.40 $181,211.10 $186,738.09 $187,958.75 $198,940.60 Snow moved, second by Doane, to award the bid for Harvard Lane Overlay, Project 673, to R. J. Noble Company in the amount of $173,028.40, and authorized the City Manager to execute the contract on behalf of the City. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEM "J" - PLANS and SPECIFICATIONS - PIER WATERLINE REPLACEMENT - PROJECT NUMBER 735 In response to question of the need for this project at this time, the Assistant City Engineer stated that this waterline has been in need of upgrade for the past two to three years, it is essential that this line be replaced and upgraded to meet hydraulic requirements, as this is the sole source of water to the end of the pier in the event of fire. Yost moved, second by Boyd, to approve the plans and specifications for Project Number 735, the Pier waterline Replacement. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEM "K" - AWARD OF BID - SODIUM HYPOCHLORITE GENERATION SYSTEM - PROJECT NUMBER 819 I Councilmember Campbell again inquired if this item is necessary this year, the expenditures discussed have been considerable amounts of money, the staff memorandum reporting that some cities have begun to switch to this system, three of the thirty-one cities. The Assistant City Engineer reported that about a year and a half ago the Orange County Fire Authority cited the City for using chlorine gas, this method has been in use for over forty years, explaining that if the City uses chlorine gas it either has to be contained in a scrubber system, be disposed of, or bring it down to acceptable levels, staff has been working with the Authority to meet their requirements, also, the federal government has passed a mandate to submit a detailed Risk Management Program for such substances as well as meet the requirements of the California Accidental Release Prevention Program. Staff has worked closely with the Fire Authority and advised them that this project would be commenced this year to keep to schedule otherwise there are a number of other approval requirements of which the City would be in violation. Also, the Hypochlorite Generation System is a much safer method of chlorination requiring only water, salt and electricity, some cities have been using liquid chlorine therefore are in compliance because of not having the gaseous chlorine. I Question was posed, if this is a mandate, is funding available, response was that application was made for a loan however it was not approved. He mentioned that in speaking with the Fire Authority they advised that the current system was never permitted as well as being in violation of the Fire Code, even though in use for thirty to forty years. The City Manager advised that this system is funded from the Water Enterprise Fund. Boyd moved, second by Doane, to award the bid for two On Site Sodium Hypochlorite Generation Systems, Project Number 819, 6-28-99 to the sole bidder, Chemical Services Company, in the amount of $49,645.00, and authorized the City Manager to execute the contract on behalf of the City. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I ITEM "L" - SUNSET HARBOUR MARINA IMPROVEMENT PLAN Councilmember Campbell corrected a typographical error on the third page of the comment letter to read "...the City of Seal Beach does not have a Local Coastal Plan..." Yost moved, second by Boyd, to receive and file the staff report relating to comments on the Notice of Intent to Adopt a Mitigated Negative Declaration, Sunset Harbour Marina Improvement Plan, County of Orange, authorized the Mayor to sign said letter, and instructed staff to forward this item to the Environmental Quality Control Board for information purposes. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried With reference to Consent Calendar Item "M", a commending Resolution for Major General Edmund Zysk, retired from the Armed Forces Reserve Center, Councilmember Campbell noted that there is now a newly appointed head of the California National Guard, and it is understood that plans are going forward to construct the joint administration building at AFRC for the National Guard and Army Reserve, this may be a positive change. I PUBLIC HEARING I ORDINANCE NUMBER 1449 - ADOPTION - BUILDING CODES Mayor Yost declared the public hearing open to consider adoption of the 1998 California Building Code and various related Codes. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received relating thereto. The Director of Development Services noted that these Codes were adopted by Ordinance Number 1448 on an urgency basis at the last meeting, that Ordinance Number 1449 was introduced and first reading approved. The Director reported the purpose of the public hearing is to receive comments relating to the local revisions to the California State adopted Codes, explained the process where staff, in conjunction primarily with the Fire Authority, goes through the Codes and prepares a set of amendments that address local circumstances within this City that are not addressed in either the State Code adoptions or Uniform Code adoptions by the International Conference of Building Officials. He noted there are two hundred six amendments proposed, one hundred eighty-three of those are provisions that were amended in 1994 or 1991, with twenty-three new sections proposed to be amended, most of those relate to provisions of the Fire Code where the Fire Authority has updated provisions to meet current fire safety regulations in Orange County. In response to Council, the Director displayed the numerous Codes referenced. There being no public comments, Mayor Yost declared the public hearing closed. I Boyd moved, second by Yost, to adopt Ordinance Number 1449 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING BY REFERENCE THE 1998 CALIFORNIA BUILDING CODE, INCORPORATING THE UNIFORM BUILDING CODE VOLUMES 1, 2, AND 3, 1997 EDITION, INCLUDING ALL APPENDICES THERETO; THE 1998 CALIFORNIA PLUMBING CODE, INCORPORATING THE UNIFORM PLUMBING 6-28-00 CODE, 1997 EDITION, INCLUDING ALL APPENDICES THERETO; THE 1998 CALIFORNIA MECHANICAL CODE, INCORPORATING THE UNIFORM MECHANICAL CODE, 1997 EDITION, INCLUDING ALL APPENDICES THERETO; THE 1998 CALIFORNIA FIRE CODE, INCORPORATING THE UNIFORM FIRE CODE, 1997 EDITION, INCLUDING ALL APPENDICES THERETO; THE 1998 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE NATIONAL ELECTRICAL CODE, 1996 EDITION, INCLUDING ALL I APPENDICES THERETO, AND INCLUDING THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE, 1996 EDITION; THE UNIFORM HOUSING CODE, 1997 EDITION; THE UNIFORM ADMINISTRATIVE CODE, 1997 EDITION; THE UNIFORM SIGN CODE, 1997 EDITION; THE UNIFORM SOLAR ENERGY CODE, 1997 EDITION; THE UNIFORM BUILDING SECURITY CODE, 1997 EDITION; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION; THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1997 EDITION, AND APPENDIX CHAPTER 1 OF THE UNIFORM CODE FOR BUILDING CONSERVATION, 1997 EDITION, MAKING AMENDMENTS THERETO, AND AMENDING PORTIONS OF CHAPTER 5 OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1449 was waived. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried PUBLIC HEARING / RESOLUTION NUMBER 4718 - COMPREHENSIVE FEE SCHEDULE Mayor Yost declared the public hearing open to consider the proposed fees and rates for City goods, services, and facilities. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received relating to this item. The City Manager reported that the fees for goods, services, and facilities are reviewed annually, basically the rates for building permit fees follow those established by the Uniform Building Code, there are several Consumer Price Index related fee increases, contractor business license fees have been added to that schedule, beach parking services reflect the current practice of adjusting the fees between peak and non- peak periods, there are increases for community center facilities to reflect the cost of staff time to open, close, and monitor activities, and supervise the cleanup by each user group, swimming pool fees reflect a maintenance increase, a fee schedule for the Zoeter Skate Park that previously did not exist, and clarification of the filming fees and charges. I Councilman Boyd referred to the Main Street Specific Plan In- Lieu parking Fees, a $3,500 charge per deficient space for all such uses established on or after September 1, 1996, explaining that that means if a business does not have enough parking to open a business in Old Town that fee can be paid per deficient parking space, those fees are held by the City to be used in turn to provide more parking in the future. He noted the Zucker Main Street Specific plan recommended establishment of a specific rate for such parking spaces, thought to have been about $9,200, and questioned why the $3,500 rate is different. The Director of Development Services said his recollection is that it was a Council policy decision based on the AB 1600 study, done by Linscott and Greenspan, the feeling being that the amount was too high for the local businesses to realistically afford, it is believed to have been a conscious decision that the City would be assuming some of the costs matched with the monies from the participating businesses. Councilman Boyd stated his intent to bring this matter back to the Council in the I 6-28-99 future for a possible fee adjustment, suggesting that the rate should be consistent with what the City paid thousands of dollars for a consultant to advise what should be done. I With regard to beach parking, Councilman Boyd said he felt the beach lots serve a vital interest during the summer months and during good weather in the winter season, however the fee is identified as $6 per auto from June 15th through October 31st, the rate for automobiles after 5:00 p.m. is $2 with the rate for motorcycles and vehicles over twenty-five feet half price after 5:00 p.m. He noted that there is a paid attendant at the lots to collect the $2, he has yet to see the beach lots even a third full after 5:00 or 6:00 p.m., his suggestion would be to eliminate the charge after 6:00 p.m. to allow free parking to patronize Main Street or walk on the pier, the charge seems to be inconsistent with the free parking on Main Street and the metered lots, that this parking charge cease at 7:00 p.m. in the summer and 6:00 p.m. in the winter or 6:00 p.m. at all times. To a question posed by Councilman Doane, the City Attorney advised that changes to the fees could be made, if reduced they could be implemented at this meeting, if raised there would need to be an analysis as to whether an increase could be justified by the expense of the City. Councilman Doane then agreed with the suggestion of Councilman Boyd. Councilman Boyd expressed his opinion that the beach lots should be an hourly rate, it would be easier for the beachgoer and administratively to charge $1 per hour with a maximum of $6 per day from June 15th through October 31st and a maximum of $4 per day from November 1st through June 14th, the lots open and free after 6:00 p.m., then eliminate the Spring Break, etc. categories, and so moved. Councilman Doane agreed that this may be a proper step to increase utilization of the beach lots, and seconded the motion. I I Councilmember Campbell added that persons who wish to visit the beach for an hour or two will not use the beach lots because the cost is prohibitive, this may also encourage Main Street parkers to use the beach lots, this called management of the parking. Acknowledging that this may be the direction the Council desires to take, the city Manager requested that before a decision is made that he be allowed the opportunity to provide data collected some two years ago when there was an experiment with hourly rates, this a substantial budgetary decision in that the lots bring in about a half million dollars during the peak summer months. Councilman Boyd countered that this is not a change involving considerable revenue, to charge the $2 after 6:00 p.m. does not offset the operational cost. With regard to the motion, Mayor Yost asked if an analysis has been done to show the benefit or reduced benefit to the City, the response was no, yet it is felt the impact would be nominal. Inquiry was made also as to how this would differ from the experiment of two years ago, to which Councilmember Campbell explained that was not a pay as you go system it was simply a reduced rate. Mayor Yost said he is certainly in agreement with increasing the utilization of the parking lots, a way to do that is to decrease the amount of charge, yet there is some concern with doing this without having a report from staff as to what has been tried in the past and what the projected financial change would be to the City, if there is a potential to decrease the revenue preference would be to know that before voting on the issue. He suggested that staff provide a report for next meeting setting forth what has been done in 6-28-99 the past, what studies have been made, a financial projection, and if possible an analysis of how this would increase utilization of the lots. Councilmember Campbell noted that a method to pinpoint utilization is to have tickets stamped with in and out hours. There was brief discussion of holding over approval of the fee schedule for thirty days pending a report from staff relating to the beach parking lot fees, or possibly adopting the fee resolution with the exception of the beach lots. Councilmember Campbell inquired about the inclusion of a cleaning fee for the community center facilities, is that an on-going charge or only if necessary. The Recreation and Parks Director responded that this is a fee that has been charged for the past year, a cleaning fee is not charged if the use is by a civic or service organization, is not charged unless there is food and/or beverages served, and the cleanliness of the facility is basically under the direction of the staff monitor. In a situation where the facility is left as clean as was found there could be a refund of the deposit but not the cleaning fee, that fee now established at $120 as that is now known to be the minimum charge of the janitorial service. I To a question regarding the basis for increasing the business license fee, it was explained that is adjusted by a Consumer Price Index formula. Councilman Boyd said he would like to see a home based business fee implemented in the future, a reduced fee of some amount consistent with what other cities have done. I Mayor Yost invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Ms. Jane McCloud, Balboa Drive, suggested that rather than voting on the beach parking lot fees at this meeting, when the report comes to Council, possibly there could be some modification to continue to bring in clientele without impacting the revenue, maybe look at the whole picture before voting on only a part. Mr. Steve Kahn said from his experience the beach lots are used more than one would think, in his opinion $1 per hour charge will create more in and out traffic and the potential to reduce revenues as there are many people who will visit the beach for two hours and pay the $6 because it is a convenient place to park, if the intent is to go to an hourly rate it should be at least $2 per hour, otherwise people who come in the afternoon will not be paying the $6 which could cause a loss of revenue. Ms. Fran Johnson, Coastline Drive, confirmed that the new Base Commander is Major General Paul Monroe, and is the owner of a cute wiener dog. Mr. Gene Vesely, Trailer Park, inquired as to the Zoeter Skate Park fees, to that the response was $2 per resident, $5 per non-resident for each two hour session, there are packages as well. Mr. Kurt Riegelman, Banyon Avenue, suggested that the beach parking lot passes be valid for a period of twelve months from date of purchase rather than from July 1st to June 30th, that may increase the use of the lots. There being no further comments, Mayor Yost declared the public hearing closed. Councilman Boyd moved to adopt Resolution Number 4718 except for the fee schedule for the beach parking lots. It was noted the staff is directed to provide a report relating to the beach parking lot service fees to the Council. It was the recommendation of the City Attorney that the Resolution be adopted as presented inasmuch as it repeals all prior I 6-28-99 resolutions, by adoption this would avoid a situation of having no fee, and when the report is received from staff an amendment to this Resolution can be made if desired. I Councilman Boyd withdrew his motion, then moved to adopt Resolution Number 4718 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING THE RATES AND AMOUNTS OF FEES AND CHARGES FOR GOODS, SERVICES AND FACILITIES PROVIDED BY THE CITY OF SEAL BEACH AND SUPERSEDING INCONSISTENT PROVISIONS OF RESOLUTIONS 4114, 4195, 4234, 4250, 4442, 4494, 4499, 4519, 4545, 4550, 4650" with direction to staff to present a report to the Council relating to beach parking lot rates as previously described. By unanimous consent, full reading of Resolution Number 4718 was waived. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried Councilmember Campbell recalled that when the Planning Commission considered the Main Street Plan and the AB 1600 study there had been discussion of using a time stamp on a trial basis in order to obtain information on beach parking lot traffic, that would give a profile of the people using the lots if the fees were paid upon exit. It was the order of the Chair, with consent of the Council, to declare a recess at 8:20 p.m. The Council reconvened at 8:31 p.m. with Mayor Yost calling the meeting to order. I PUBLIC HEARING / RESOLUTION NUMBER 4717 - 1999/2000 FISCAL YEAR BUDGET Mayor Yost declared the public hearing open to consider the proposed 1999/2000 fiscal year budget. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received either for or against this item. The City Manager explained that the 1999/2000 fiscal year will commence July 1st, the program of services basically represents a continuation of the operating and capital improvement programs approved by the Council the previous year, and the budget transmittal memorandum of May 6th set forth an explanation of some of the modifications from the previous year. As part of an overview of the proposed budget, the City Manager reported that anticipated revenues will be adequate to meet the essential operating expenses of the City although there has been a decline in several key revenue sources and an increase in certain expenses that are outside the City's control which will again require an effort for cost containment of day to day operations as well as deferment of a number of capital improvement projects that it would be desirable to get to. He mentioned the commitment some three years ago to set aside some money each year to build adequate reserves to be available for any emergency that might arise, that commitment continues in this budget with modest but steady progress, there is always concern with legislative activity that might take place in Sacramento, the car tax being one major item, yet on the other hand with the State budget that is awaiting approval by the Governor the City may realize a one time reimbursement of monies taken from the cities starting in 1992/93, that was property tax, and even though there is disappointment that this is one time, about $76,000, it may be a step in the right direction as there appears to be support for a Constitutional amendment that would protect revenues that should remain in the local I 6-28-99 communities from which they were generated, particularly property tax, however this may take a couple of years. With regard to revenues, they are expected to increase by about four percent, yet there remains a concern with the projected decrease in the utility users tax which is the largest single source to the General Fund, the decrease thought to be from $3.75 to $3.6 million, that largely due to the deregulation of the electric industry, at its peak the utility tax generated a little over $4 million. To some degree the decline in the utility tax is offset by a recovery in property tax due to increased property values, and a significant increase in sales tax, that largely due to the opening of three restaurants and a petroleum brokerage that will supplement the positive retail climate and help to turn around the sales tax base. An increase is also due to the installation of parking meters, generating about $50,000 since February this year and expected to reach about $130,000 when the first full year of collections is realized, additional revenue, about $90,000, expected also from Vehicle Code violations as a result of the added traffic officer. The Manager said including transfers from the special funds to reimburse the General Fund the total General Fund revenue is projected at $13.9 million, the total budget amount, including all restricted and capital funds, is $26.4 million, redevelopment is another $2.1 million, that being money in and out to satisfy the debt service. 1 With regard to expenditures, there will be an election in the upcoming year, that cost will be approximately $60,000, however the increases this year basically come in the area of public safety, the Police Department represents the largest budget increase yet will also generate a substantial revenue increase, about one-third of the increased cost is due to increased charges from the West Covina records services contract and dispatch costs, those services not within the City's control as they are by contract, however alternatives are being looked at. Of the $640,000 increase in the operating budget almost sixty percent is in the Police Department and two-thirds of that is outside local control or from the new position that generates additional income. The Orange County Fire Authority contract is projected to increase about three and a half percent to just over $2.6 million, that represents an increase of about $90,000, that too is out of the City's control but may not compare to what may be seen next year. He noted there are a couple of areas where expenses are expected to decrease this next year, in the Recreation and Parks Department salaries are decreased by about $95,000 due to the outsourcing of mowing, that contract will be forthcoming and the savings is expected to be about $40,000, and when revenue sources are secured it is hoped that some of the positions that have been eliminated over the years can be restored in order to improve the levels of service, the Parks Department as an example is down to a crew of five which is too few to cover the entire City. The Manager pointed out that the Lifeguards are to be redesignated as an independent department, as it once was, with a chief and lieutenant serving in the two full time positions. 1 'I In the Capital Improvement program the expenditures represent a continuation of the funding plan for maintenance and improvements of the City's infrastructure, a total of $918,750 is scheduled for General Fund capital improvement projects this year, of that amount only a little over half are new funds with $410,000 a reappropriation from the 6-28-99 I previous year, $222,000 is from a cumulative reserve, designated in previous years, accumulated until adequate monies are available to do a project or make a purchase. He pointed out that there is a new $170,000 set aside to the Cash Basis Working Capital Reserve, in previous years that has been called a Reserve designated for capital improvements, yet by designating it as a Cash Basis Working Capital Reserve that addresses concerns expressed by members of the Council that the commitment designated by ordinance to have a $1 million in the Cash Basis Working Capital Reserve was not being met, explaining that with the additional funds designated for the Cash Basis Fund this year its balance was $825,000, then with the addition of the $170,000, that commitment is being met. I In summary, the budget is balanced and is believed to reflect the priorities defined in a Council workshop, there is a first effort towards an ocean water quality program, a regional bike trail project which is largely grant funded, to that he noted that staff has worked hard in pursuing grant monies that the City has not sought or been successful in receiving at any time in the past, and assuming that the City receives the aCTA monies that have thus far been approved the City will be in the best shape grantwise that it has ever been. There is the first in a series of alley replacement projects in the CIP, the sidewalk replacement program has received additional funding, Harvard Lane is being resurfaced with monies currently available, and it is finally possible to commence renovation of Seal Beach Boulevard in cooperation with the proposed housing development, there are traffic calming projects in the areas of Marina Drive and 5th Street. I There are no new revenue sources other than the grant monies that the City has been competing for and no significant new revenues are anticipated prior to the opening of the new shopping center, however fairly significant progress has been made towards funding reserves and moving towards doing some of the long deferred projects, this budget improves modestly on the stabilized but still precarious financial position, provides money to the Cash Basis Reserve, $105,000 towards the contractually required aCCRMA Reserve, another $100,000 towards Compensated Absences Liability Reserve, and ends the year with about one and a half percent more in the Fund Balance than there was at the beginning of the year. As to budget adjustments as a result of the Council workshops, $15,100 from office supplies and expenses, the largest item was rather than replacing the underground fuel tanks at the City Yard there will instead be auxiliary fuel tanks and a contingency reserve of $35,000, that a reduction in cost of $115,000, since learning that the County of Los Angeles is redoing the San Gabriel River biketrail that is a $5,000 savings, the total being $150,000 in cost reductions since submittal of the preliminary budget, $75,000 of that to be designated for drainage remediation, the drainage problem at St. Anne's Church, $55,000 for salary and benefits, $20,000 for health insurance, $3,000 to the Working Capital Reserve, the total reprogram would then be $150,000 to bring the budget back into balance. The Director of Administrative Services, accompanied by a visual display, reported General Fund revenues as $13,973,345, the larger revenue sources that make up the General Fund are taxes, sixty-three percent are property tax, sales tax, and utility tax, six percent is fines and 6-28-99 foreitures, and penalties, that basically parking citations and Vehicle Code violations, licenses, permits, and use of property and money are each five percent, encompass business and contractor licenses and building permits, subventions are about nine percent, that is money collected by the State and passed through to the cities, the motor vehicle in-lieu as an example is about $1.2 million. with regard to General Fund appropriations they are $13,095,686, the largest portion of that would be General Government of twelve percent, public safety allocation is fifty-nine percent which is police, beach parking, fire, and animal services, transfers out represent twelve percent and go to the tideland beach fund, recreation, workers compensation and public liability. The total revenue is $26,305,809, non-restricted funds is the General Fund which is fifty-three percent, the special funds are eighteen percent which are funds designated for a special purpose, there are enterprise funds and redevelopment agency funds as well. The total appropriations are 28,975,524, that figure represents what is believed to be the latest changes and corrections, including changes made to capital projects as previously pointed out by the City Manager. In reference to the General Fund Balance Sheet, the Manager said it shows that the City got through another year meeting the City's operating expenses, setting aside additional monies for reserves, ended the year with a slightly improved financial condition, and able to commence addressing some of the most critical capital needs. Mayor Yost invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. It was noted that if there are substantial changes made to the budget that the public will be allowed to make comments. Ms. Lisa Bodie, Banyon Avenue, expressed concern with the condition of streets in College Park East, her child can not ride his bike in the street because of the potholes, the street could be a liability, it would be better to be proactive rather than reactive, safety should not be negotiable. She confirmed that the street was bad when she purchased her home some year and a half ago however had been informed it was on the list for repair. Mr. Steve Kahn, Camelia Street, stated the streets have deteriorated significantly in the past twelve to eighteen months, water accumulates, the asphalt is coming up in chunks, inquired who has the liability in the case of a child tumbling and being hit by a car, legal ramifications could be great. It is known that everything can not be done at one time, it has been said some of these streets have never been done, this needs to be taken care of, money has to come from something else. Mr. Mark Stanz, Camelia Street, said his residence has been in the family since 1971, he moved from Anaheim six months ago, the streets there are better, when it rains the street pools, if not paved for another two years, as is said to be the schedule, there will be no street. He suggested that the Council tour these streets. Mr. Bernstein, Banyon Avenue, seventeen year resident, said the street is nothing but patches on patches, it is said it will not be repaired for two years, maybe if it gets bad enough it will not need to be. Mr. Kurt Regal, Banyon Avenue, thirty year resident, confirmed the poor street conditions, his concern is hearing not only of his street but other areas as well, it may be prudent to put monies in reserves yet a quote comes to mind as to why put money in the bank when you owe someone, therefore it may be more prudent to make the investment now to fix the streets at a lower cost rather than increase reserves. Mr. Contreras, Camelia Street resident I I I 6-28-99 I since 1971, said his street has never been paved, only patched, stated that it seemed as if the Council passed over the pictures that his wife had submitted, and requested that some work be done on these streets. Ms. Naomi Blackmore, twenty-eight year resident and tax payer, said her street, Columbine, is probably the worst in College Park East, it is not safe, it is a safety hazard, it is nothing but a patch over a patch. She suggested that the streets in College Park East need to be rerated, need to be repaired, the condition of the street impacts her property value, her community, there should be concern with liability too, it is time to see the need and make this a budget priority. There being no further comments at this time, Mayor Yost declared the public hearing closed. Councilman Boyd said during the process of the budget workshops he had presented the Council with a total of about six pages of proposed changes, reductions, and proposed amendments to the budget. He noted that one of those was the funding of reserves where by law requires that the City have $1 million in Cash Reserve, to that the City Manager had mentioned that the $175,000 of Capital Project setaside is now being redesignated to meet that requirement, the Council must exercise fiduciary responsibility, he is pleased to see the reserves being funded, in recent years past there were no reserves and the City could not have operated for a day if there had been a stoppage of revenue, with reserves, that period of time is now somewhat extended. He mentioned that the Council had reduced the budget by about $153,000 however it was not difficult to reappropriate those monies to other things, unfortunately the streets of Banyon, Camelia, and Columbine were not included. Councilman Boyd said his recommendation would be-to examine other areas of the Capital Improvement budget to find the $60,000 necessary to fix those three streets, the argument against that is going to be that there is a Pavement Management Plan that needs to be adhered to, that is a good Plan, but the Plan needs to be put to use in such a way to be effective for the people. He noted that he had suggested reappropriation of a portion of monies for the overlay of the beach parking lot, a cost of $50,000 for a portion thereof, his feeling is that that is not a priority in that there are streets that are in greater need. Councilman Boyd commended the fact that the budget is a good document, he had some concerns, one stemming from the fact that the request was to adopt a budget where expenditures have risen about five and a half percent yet revenues increased only about four percent, to him that is in reverse. Councilmember Campbell too acknowledged that the Pavement Management Plan is a good document yet it needs to be revisited from time to time, in this case there are streets failing rapidly, it has been reported that these streets are worse than originally rated, as bad as Stanford Lane, they are not going to last another winter, money needs to be found to repair them. Councilmember Campbell said with her review of the budget she found the money to do so, a carryover from last year that was not shown in this budget, money from last year plus $20,000 this year would have been $60,000, another $16,000 for Bluebell Park that would have meant $76,000, to which she emphasized that that money needs to be placed back into the budget, explaining that the money that is to come from Bixby is designated for landscaping on the north side of Lampson, also, any money from Bixby is to be held until the project is built, again, her desire is to redirect the money for Lampson median improvements to the repair of these College Park streets. I I 6-28-99 Councilman Snow inquired as to the status of the request of Supervisor Silva for a sidewalk in front of the North Seal Beach Community Center. The City Manager responded that staff did follow through with the Supervisor's office, it is in their hands at this point, the plan is to have that sidewalk built this fiscal year. Councilman Snow mentioned also the contribution that the City has made in the past for the bus transportation from Leisure World to the Rossmoor Center, there has been discussion also of bringing that bus into the downtown area, that is of some concern because it is felt important to maintain the contribution of about $6,000 per budget, it is important to the people of Leisure World, and it needs to be kept in mind that Leisure World contributes about a half million dollars to City revenue in terms of water purchases from the City, also the utility tax, pointing out that street work, lighting, landscaping etc. for that area is not a cost to the City, therefore the allocation of $6,000 for the Leisure World bus is important. The Manager responded that the $6,000 is included, confirmed that the question remains open as to whether that money is used only for the Leisure World/Rossmoor route, that the discretion of the Council. There was an indicated consensus that the monies be used for the current Leisure Worldl Rossmoor route. I Councilman Doane stated he was sympathetic with Councilmember Campbell and the College Park residents, there is nothing wrong with the paving project that could not be cured by more funding, more revenue is needed, he had proposed sources of additional revenue at the last meeting that did not meet with good response, additional revenues need to be looked into, there is only so much money, it is understood that the fund for paving is $500,000 yet a couple of million is needed to take care of entire project, there are other needs that require individual priorities too, paving is not the only problem. The Assistant City Engineer mentioned that the Pavement Management Plan was brought to the Council which showed a $12 million deficit overall, Gas Tax and Measure M monies that go towards that, staff has never allocated General Fund monies to paving in the past, the Pavement Plan is updated about every two years, it will need to be done again after the winter season as required by OCTA for their rating system, that a requirement of all cities for rating competitive projects. Mayor Yost inquired if the Traffic Volume Study just approved is part of the Pavement Management Plan for the purpose of prioritization, not just the actual condition of the street. The Assistant Engineer responded that a street that carries five hundred versus two thousand cars a day, and assuming the pavement quality is the same, the street with two thousand cars would be selected for paving first given the volume of traffic. He also said that special attention is paid to streets that have loosened asphalt, he looked at the referenced College Park streets as of this date and will request that they be patched, which is the procedure until such time as funding becomes available for repaving. The Mayor said he was sympathetic to people who live on streets that are in need of repair, they exist in his area and in fact throughout the City, this requires more revenue, a large source of revenue is forthcoming from the Bixby project that can be used for infrastructure needs. He stated opposition to doing projects outside the Pavement Management Plan because that is an established system to determine what streets are done first, a scientific method based upon actual conditions, traffic volume, etc., yet he is in favor of finding a means to have the streets repaired, and I I 6-28-99 I would make the request of the City Manager to find that means in the not too distant future within this budget, his only request would be to stay within the structure of the Pavement Management Plan, if that can not be done he would be opposed. With regard to Reserve funding, Mayor Yost reminded that several years ago the State took away considerable property tax revenue, as a result the Reserves at the time were depleted to zero, and if the City were to have abided strictly to the law it would have been necessary to put all councilmembers in jail, in other words what good are reserves if they can not be used when necessary, at this point there is a small revenue surplus where some amounts can be put back into the Reserves, as they should, yet to require adherence to a fixed number does not seem prudent, however a means has been found to reclassify certain funds so that the $l million Cash Basis requirement can be met. As to the beach parking lots, Mayor Yost noted comment of the engineering staff that they were on the verge of complete failure and if they were to go through another winter that would likely occur and the cost would be considerably more to repair, if that be the case he would favor going forward with that project. The Assistant Engineer said it was the City Engineer that conducted that evaluation, confirming that it has been said the condition of the lots is getting worse, could completely fail, therefore is in need of repair now. Councilman Boyd said should it be that none of the capital improvement projects are changed, and given statements that this is basically a continuation of last year, that may have been true until certain previously budgeted items were removed by staff and placed in accounts for other things, that may be acceptable to a certain degree yet it is believed that what is needed is to look for new revenues, given that it appears that priorities are not going to be reconsidered and there will be adherence to a Plan even though there may be things that fall outside of the Plan. Mentioning that there is an anticipated $76,000 of additional property tax, Councilman Boyd inquired as to what that is allocated to or what can it be used for. The City Manager offered his observation that the Council is contemplating how to satisfy the integrity of the Pavement Management Plan and yet not go to a system that lacks specific priorities for street repairs in a fiscal year. He explained that the City is basically on a fixed income when it comes to the pavement system, in the past only Gas Tax and Measure M money has been used for City streets because there were inadequate monies in the General Fund to do otherwise and when the State began taking property tax monies it became worse. He recalled that while discussing the Strategic Financial Plan it was pointed out that given the backlog of needs the only way to ever get caught up would be to one day be able to designate some General Fund money for projects, that would be streets, storm drains, curbs, gutters and sidewalks, sewers, etc., currently there are streets equally as bad as the three under discussion in College Park East, Harvard Lane for which the contract has just been awarded, also Stanford Lane which has an even higher traffic volume, to which he explained that the Pavement Management System not only evaluates the condition of the street but the traffic volume, and even though the three CPE streets look bad there is a street of higher priority given its condition and traffic volume, that being Stanford Lane. In reference to the anticipated $76,500 reimbursement from the State, the Manager said that will be realized if the Governor signs the budget as presented to him. He explained that Lampson Avenue in fact is a higher priority than Stanford given the traffic volume and condition I I 6-28-99 however that project is valued at about a half million dollars therefore it will need to be deferred until Measure M monies can be obtained. The Manager confirmed that $33,500 had been designated for median improvements on Lampson Avenue, if those two sums, the $76,500 plus the $33,500, were reprogrammed for Stanford Lane, then to do the three College Park East streets there would be a $50,000 shortage, then, in reference to the Storm Drain Master Plan, which has $8 million of backlogged projects, there is an additional $100,000 setaside for the Master plan of Storm Drains, the Council could, as a policy matter, reprogram $50,000 of the $100,000 into the infrastructure program to do the referenced College Park East streets, that would essentially be drawing forward the Capital Improvement Plan projects scheduled for 2000/2001 while retaining the integrity of the Pavement Management Plan in that Stanford Lane is the next priority with the three College Park streets following. There was an indicated consensus of the Council to do so, and appreciation was expressed by Councilmember Campbell and members of the audience. I Councilman Boyd inquired if the $1,000 allocated for maintenance of the La France fire truck had been included, the response was that it was. He noted that there had been a request to lease office space in the Old City Hall building, the cost of doing so has been reduced from $10,800 to $5,500 with an additional $6,000 for office buildout, to this his contention had been that this is not needed, could be delayed to future years, this budget represents a reduction of employees in some cases, a struggle to find other monies, yet the request is to lease new office space, and that is not felt to be something that should be done. The City Manager noted that the $2,500 for lobbying efforts with regard to off-shore drilling has been deleted, with regard to SCAG membership dues he said although not an advocate of that organization there is some uneasiness with not joining this year given the forthcoming housing needs figures, etc. Again with regard to the office space expansion, one Councilmember disagreed with the request, one cited the need for additional space and relief from noise from the copy machine, another cited the opinion of the City Manager that the space is needed, the response of the Manager was that the Old City Hall space is presently vacant, once leased it will may not be available in an upcoming year, the intent is to use the space as a copy room. Councilman Boyd noted prior discussion of a deputy city clerk position, to which he said evidently sufficient monies were not found to fund that position therefore that consideration will be continued to the next budget cycle if not sooner. I Councilman Doane said he was the least likely to offer a motion for adoption of the budget as he had promised his constituents that he would not vote in favor of the budget unless there was a reduction in the Utility Users Tax, however an amount equal to $360,000 can not be found in this budget, and pledged to keep trying to accomplish that. I Councilman Doane moved to adopt Resolution Number 4717 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING FISCAL YEAR 1999/00 BUDGET, SETTING APPROPRIATION LIMITATION AND AUTHORIZING FOR APPROPRIATIONS BY FUND." Mayor Yost seconded the motion. By unanimous consent, full reading of Resolution Number 4717 was waived. It was noted that the Manager had distributed a summary reflecting the adjustments to the budget document, 6-28-99 some of which was also reviewed by the Director of Administrative Services. I Members of the Council mentioned that the budget was reviewed line by line, reduced or revised as seen appropriate, more than six hours spent in budget workshop sessions, the process cited as exhaustive, and even though there may continue to be objections, the document as a whole is consistent with the basic goals of the Council and the City to be financially healthy while meeting service demands. If the State reimbursement is in fact approved, staff was urged to commence the street repair projects during the summer months prior to the rainy season. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I ITEM B - CELLULAR TOWER - COLLEGE PARK EAST Councilmember Campbell reported having met with Mr. Wilder of Nextel to discuss the installation of a cellular tower in College Park East, at present there are two towers on the Bixby property at the corner of Almond and Aster, Nextel would like to install a tower at that location also, the initial location would be Bluebell Park, that with an option to relocate the tower once, the terms of agreement would be $12,000 per year with provision for automatic increases over the term of five years, with three options for renewal of five years each. She noted the preferred location would be the tennis club, however given the current litigation the choice would be a temporary location in Bluebell Park, north of the covered patio structure, and, if permanently located in Bluebell Nextel would rebuild that structure, if the location is temporary they would assist with the cost of reconstruction. Councilmember Campbell offered a sample contract to be reviewed by the City Attorney, the funds derived to be designated for College Park East parks and landscaping improvements, excluding maintenance. I Campbell moved, second by Boyd, to support the location of a cellular tower in College Park East as so stated. Mayor Yost said he could support a cell tower installation however would not support designating the funds for a particular area, his opposition would be to divide the City based upon where revenues are derived, that is not how a city functions as a whole. Councilmember Campbell countered that this tower would be in a College Park park, a direct infringement on CPE residents, these monies should benefit those residents, and stated that none of the other cell towers are for a specific area, if another area of the City wishes to have a tower she would have no problem with that or the monies benefitting those residents. Councilman Boyd said he could understand the request, recalling the discussion of parking meters in Old Town and the suggestion that revenues derived therefrom stay in Old Town, in this case the tower will take up a good portion of the Park even though understood to be in the form of a tree, he could support this given the direct impacts and the improvements that Nextel is offering for the Park, the patio cover itself will likely cost about $10,000. The Mayor noted that the reconstruction of the patio structure is reasonable because there is a precedent for that, the restriction of the on-going fees he could not support, those revenues should benefit the City as a whole. Councilmember Campbell noted that when the Bixby residential development was proposed, there was a cell tower on their property, then a second, Bixby was going to designate the revenue from that 6-28-99 tower to the maintenance costs for the tennis facility, that was even cited in the impact analysis as a means of reducing those costs. She stated this is a means of revenue for College Park parks, park improvement money was just relinquished at this meeting for street improvements, there is a direct nexus to CPE parks, the revenue should stay in College Park. Councilman Boyd asked if, in lieu of placing the $12,000 revenue in a reserve for College Park East, would it be acceptable if in future budget cycles there is a College Park East priority would it be acceptable if the Council would give it due consideration. Making reference to the prior action to fund the repair of College Park East streets, Mayor Yost pointed out that there is simply not enough money to fix all of the streets, the City needs to be considered in the whole, funds should not stay in one area of the City just because that is where they are generated, monies should go to the General Fund and from that a determination is made as to where they are used, when one area needs something the other areas help. There is nothing to say that the tower has to be accepted in that Park, if there are to be upgrades to the Park as part of a one time fee there is no problem, but on- going fees need to go to the General Fund. Mr. Wilder, Nextel, estimated the area of the tower and surrounding wall of about two hundred square feet. Mayor Yost said many cities are getting away from allowing more towers, as a policy question it is uncertain whether more are desired, this Park belongs to the City as whole and before anything further is done there should at least be a report forthcoming from staff. Councilmember Campbell again said Bluebell would be a temporary location, once the tennis club comes to the City it could be relocated there. Mr. Wilder offered that possibly this could be worked out in another way, stating that a temporary site will not require all that much space because it does not require a shelter, a temporary site could possibly be across the street in the corner, maybe on a platform, for a period of about six months, with some assurance that relocation would eventually be to the existing Bixby property where there is adequate space with the other two towers, this in the form of a six month rollover agreement. Councilman Boyd asked if the Council determines that the revenue would not stay with College Park East, would that be a deal breaker, to that Councilmember Campbell acknowledged that money has been pulled from the budget, money was earmarked for Bluebell for the following year in conjunction with renovation of the tennis club, her intent is to find revenue for things for College Park East. Mayor Yost asked if Parks and Recreation has been consulted about putting this structure in the Park, the commission as a whole. Councilmember Campbell responded that she had spoken briefly with the Recreation and Parks Director, this Park is used by College Park and whatever is done there impacts those residents, she had also talked to the tennis club committee, this a means to assist the City with park improvements. Councilman Boyd suggested that the Council direct staff to draft an agreement with Nextel with options relating to a temporary and permanent site, let it be discussed by staff, Councilmember Campbell and the Mayor discuss this as well, then bring the issue back to Council. Mayor Yost said he would prefer that the staff draft options, and if this is to be in a Park it should be considered by the Recreation and Parks Commission, allowing consideration by representatives of all districts. Councilmember Campbell mentioned that this would also need to be discussed with Bixby Ranch Company as it may be possible to construct an agreement where the tower could be installed permanently now I I I 6-28-99 I with the revenue to come to the City. Mayor Yost moved to table this item, with direction to staff and the Commission to develop options for consideration. Councilman Boyd said this matter is not required to go before the Recreation and Parks Commission, the representatives thereto are appointed by the Council, this should be directed to staff to develop options so that the benefits and liabilities can be looked at. The Mayor countered that this is a City park, the Commission needs to consider and comment on this. Councilmember Campbell suggested that staff contact Bixby Ranch Company to determine if they would be amenable to allowing this tower to be put on their property now rather than in the Park. Discussion followed, noted that the motion is to table the iteml to refer to the Commission and to staff to develop options for placing the cell tower somewhere in College Park East, Bluebell Park, or on the Bixby property, if in the Park, to be considered by the Commissionl direction should be referral to staff, not directly to the Commissionl alternative would be to draft an agreement with Nextel with options, if an option is location in Bluebell Park then seek comments from the Commissionl again, the original motion is to develop options, not draft an agreement. I Mr. Wilder said Nextel is in need of coverage in this area, he had written a proposal letter to the City Manager last October, several months later a letter was received from the Director of Parks and Recreation stating the City was no longer interested in additional cell phones, his question now is if the City is interested. The response of Mayor Yost was that it is maybe and may depend on where it is proposed to be located. Councilman Boyd offered that if staff were directed to draft an agreement with site location options, would the site selected by the Council be acceptable. Mr. Wilder expressed willingness to work with staff. Councilman Doane suggested that Mr. Wilder be part of any discussions. The motion to table was withdrawn by Mayor Yost and restated to direct staff to work with Nextel and Councilmember Campbell to explore options relating to acceptance and location of a cell tower. Inquiry made again if that included the drafting of an agreement, the response was to explore possibilities. In response to a question from Council, the City Manager said his preference would be to provide information to Council as to what other cities are doing, how many towers presently exist, any associated problems, possibly talk with the some of the College Park residents, also noted that such agreements are basically standard, and at some point the Council may wish to consider a policy decision with regard to cell towers. Councilman Snow seconded the motion. Councilmember Campbell noted that all of the cell towers in the City of Laguna Niguel are located on private property. It was suggested that this matter be returned to the Council within a month. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried CITY ATTORNEY REPORT No report was given. CITY MANAGER REPORT The City Manager recalled discussion about a year ago to seek private funding for participation of the City in the July 4th fireworks display, to that the Bixby Ranch Company has 6-28-99 offered such funding. The Council expressed appreciation. PUBLIC COMMENTS Mayor Yost declared Public Comments to be open. Ms. Jane McCloud, on behalf of the Gum Grove Nature Park Group, expressed appreciation to the Recreation Director, the Parks Department, and other City staff for their assistance to make the Concert In The Park a wonderful success. Mr. Mario Rossi, Catalina Avenue, thanked the Council for their help in resolving the drainage problem in front of St. Anne's Church. Ms. Fran Johnson, Coastline Drive, said the fireworks program is worth anything it takes, such activities help to keep families together. There being no further comments, Mayor Yost declared Public Comments closed. I COUNCIL COMMENTS Councilman Doane made reference to the Greater Seal Beach Business Directory, in conversation with the publisher today the request is to include pictures of the City Council in the next issue, to that he suggested that they be taken to Campbell Printing within the next couple of months. Councilmember Campbell mentioned that as opposed to a recent announcement, the gophers have returned to corner of Lampson Avenue and Candleberry, also announced the College Park East Neighborhood Association July 4th Bicycle Parade commencing at noon at Heather Park, there will also be a barbecue, chili cook off, games, etc., and then the AFRC fireworks display can be viewed from Arbor Park. Mayor Yost agreed with the speaker that the Concert In The Park was wonderful, the event raised over $500 to benefit Gum Grove Park. He made mention of the need for increased revenues to the City, one way can be through increased sales tax and that will be forthcoming with the Bixby Towne Center, noted also the State takeaway of property tax several years ago, this year there is a one time return of some monies to the cities, and to that he urged contact with the City's legislative representatives urging the return of those revenues on permanent basis. Mayor Yost announced that he would be out of town for a period of time, the City Manager will have the ability to reach him if need be. I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the agenda, a conference with legal counsel pursuant to Government Code Section 54956.9(a) relating to existing litigation, a conference with the labor negotiator pursuant to Government Code Section 54957.6 relating to the Orange County Employees Association, Confidential, Supervisory, Professional and Technical employees, a conference with legal counsel pursuant to Government Code Section 54956.9(b) relating to anticipated litigation, and personnel matters pursuant to Government Code Section 54957. It was the consensus of the Council to adjourn to Closed Session at 10:35 p.m. The Council reconvened at 11:20 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported the Council had discussed the items identified on the agenda, gave direction to the City Attorney and City Manager, no other action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 11:21 p.m. I I I 6-28-99 / 7-12-99 clerk Approved: L~ -- ~,~;jj;{k ~ Attest: Seal Beach, California July 12, 1999 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor ProTem Doane calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Doane Councilmembers Boyd, Snow Mayor Yost, Councilmember Campbell Absent: Boyd moved, second by Doane, to excuse the absence from this meeting of Mayor Yost and Councilmember Campbell. AYES: NOES: ABSENT: Boyd, Doane, Snow None Campbell, Yost Motion carried Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Chief Cushman, Lifeguard Department Ms. Beard, Director of Recreation and Parks Mr. Dorsey, Assistant to the City Manager Ms. Yeo, City Clerk PRESENTATION - CHAMBER OF COMMERCE / BUSINESS ASSOCIATION - SAVE OUR POOL DONATION Mr. Larry Fairman, representing the Chamber and Business Association, introduced Mr. Layman, co-chair of the Car Show event, Ms. Masoner, president of the Chamber, commended the efforts put forth to organize the twelfth annual Show, mentioning too the volunteers and members of City staff, all of which made the event possible. A contribution in the amount of $1,200 was presented for the Save Our Pool Fund which was accepted by the Recreation and Parks Director. It was noted that donations to the Pool Fund continue to be accepted.