HomeMy WebLinkAboutCC Min 1990-06-06
6-4-90/6-6-90
that the City Attorney be requested to review the
partnership concept and determine if the map under
consideration can be approved for Mola Development
Corporation. The City Attorney advised that they would be
reviewing whether the parties to the development agreement
will need to be changed, what effect there may be with
regard to the applications, and discuss with the attorneys
for Mola the exact form of the changes. There being no
further comments, Mayor Wilson declared Oral Communications
closed.
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ADJOURNMENT
It was the order of the Chair, with consent of the Council,
to adjourn the meeting until Wednesday, June 6th at 2:30
p.m. The meeting was adjourned at 2:21 a.m.
clerk of the
Approved:
~ -f.. V~
Mayor
Qwilbl ~
o CJ.ty Cletk
I
Attest:
Seal Beach, California
June 6, 1990
The City Council of the City of Seal Beach met in regular
adjourned session at 2:30 p.m. with Mayor Wilson calling the
meeting to order with the Salute to the Flag.
ROLL CALL
Present:
Mayor Wilson
Councilmembers Forsythe, Hunt, Laszlo
Councilmember Hastings
Absent:
Councilmember Hastings arrived at the meeting at 3:00 p.m.
Also present: Mr. Nelson, City Manager
Mr. Archibold, Assistant to the city Manager
Mr. Thomas, Finance Director
Mr. Zaharas, Assistant Finance Director
Chief Stearns, Police Department
Captain Garrett, Police Department
Captain Maiten, Police Department
Mr. Whittenberg, Director of Development
Services
Mr. Jue, Director of Public Works/
City Engineer
Mr. Osteen, Recreation Director
Chief Dorsey, Lifeguard Department
Mr. CUshman, Lifeguard Department
Mrs. Yeo, city Clerk
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CLOSED SESSION
The City Manager recommended that the Closed Session be held
on June 11th or at the close of this meeting.
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BUDGET WORKSHOP
The City Council continued the departmental budget review.
Chief Dorsey reviewed the budget of the Lifeguard
Department, noted an increase of salary and wages only as a
result of annual wage adjustments, seasonal and move-up pay,
explained that $3500 was removed from Account 16 and placed
in Account 31, that Account reflecting an overall increase
of $2100 and includes purchase of wetsuits, photo
development, tide books, and computer supplies; Account 33
reduced from $500 to $100; Account 43 reflecting a boat
cover, certification of oxygen bottles, repair of CPR
manikins, public address systems, certification of
resuscitators, and repair of the thirty-five year old
switchboard; Account 47 providing for the contract with
Orange County Communications; and Account 48 covering
telephone services.
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Councilman Hunt objected to reviewing the budget document on
a line by line basis. In response to Council, the Chief
explained the budget proposes the purchase of six wetsuits
of various sizes which are used to combat the cold and
elements. Councilman Laszlo stated he did not feel the
budget contained adequate information and asked for a line
by line detail of all accounts, referring specifically to
vehicles, the number of replacements, repairs, etc., as well
as items such as radios in the Lifeguard Department. The
City Manager explained that in years past a decision was
made by the Council that items such as auto maintenance
would be set forth as a separate category which is Account
50, and offered that an inventory of vehicles by department
could be provided. With regard to Emergency Medical
Training, the Chief explained the Memorandum of
Understanding provided $100 for each lifeguard who completes
that training, which is done through the State and takes
approximately three hundred twenty hours.
Councilman Hunt moved that the budget presentation be
modified for full description of funds, equipment,
inventory, and history for each line item. Councilman
Laszlo seconded the motion. Councilmember Forsythe agreed
that to some extent she had been unable to determine exact
expenditures when needed, that possibly there could be more
detail, but not necessarily to the degree set forth by the
motion.
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Councilmember Hastings arrived at 3:00 p.m.
Staff explained that the Lifeguard Maintenance Account
includes four vehicles, two ATV's, and a boat, the
departmental budget amount to cover maintenance and repair
that can not be performed by City personnel, and explained
that records of all City maintenance is kept by the Public
Works Department. The City Manager noted that a number of
years past the Council had eliminated the Vehicle
Depreciation Fund, and if there were adequate monies he
would prefer to reestablish that Fund rather than continue
with the present lease/purchase method. The Chief explained
that Account 47 covers Orange County radio services, that
the POlice, Lifeguard, Public Works, and Fire Departments
have emergency radios with FCC designation, which requires
that they be maintained by an organization with an FCC
license. The city Manager noted that the City has no
reserve radios, and if one does not work there is need to
obtain a compatible radio, that Orange County communications
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provides such equipment as well as service, and until a few
years ago at no cost, which is no longer the case.
Councilman Hunt suggested that action be taken on the motion
on the floor, and if that motion were not acceptable, that
the language be modified to possibly provide for a full
description of line items and explanation of all elements I
involved in the budget dollar amounts. Discussion
continued. It was noted that if the purchase of vehicles is
requested they are contained within the Capital Purchase
Account. Councilmember Hastings suggested that possible
more information could be provided, yet it would not
necessarily have to be in great detail.
Vote on the original motion:
AYES:
NOES:
Laszlo
Forsythe, Hastings, Hunt, Wilson
Motion Failed
Councilman Laszlo moved that the budget include line item
descriptions for all budget expenditures. Councilmember
Hastings seconded the motion.
In response to the motion, the City Manager described in
detail the procedure that the staff would need to follow to
accomplish the intent, specifically that the staff will need
to create a cost accounting program and apply a cost figure
to each item, and he used the Vehicle Maintenance Account as
an example of what the process would entail. He offered to
provide the Council with any detail desired, yet pointed out
that there would be a cost involved.
Councilman Laszlo, with consent of the second, withdrew the
motion until a later time. In response to Council, Chief
Dorsey stated the Lifeguard boat is housed in Long Beach
near the Second Street bridge.
As a result of the recent passage of the Charter Amendment
regarding Council compensation, Councilman Hunt recommended
that Account 10 of the City Council budget be increased by
$8000 to cover a monthly compensation of $300, thus
increasing the total of the account to $15,500. with regard
to training and meeting expense, Councilman Hunt recommended
there be some limit on city Council expenses, possibly $1500
per year per member, and that any expenditure over that
receive Council action. Councilman Laszlo stated he would
hesitate to place such a limit and he felt the Council stays
within the budget amount. Discussion followed. The City
Manager stated the City Council/city Manager workshop was
meant to be deleted from the budget.
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The city Manager departmental budget was reviewed, noted
that Account 21 reflects the PERS credit, no change of staff
or programs, a minimum increase in the cost of supplies and
materials. It was explained that for those employees hired
after 1986 there is a requirement to withhold for I
unemployment insurance and medicare. It was pointed out
that telephone costs are not prorated by department and are
shown in Account 52, and although the new system has all of
the necessary capabilities, an accounting for individual
telephones was lost, therefore staff conducts a monthly
audit of telephone use to insure there is no abuse.
It was noted that the proposed Capital expenditure of the
City Clerk's budget was for two replacement typewriters.
Councilman Hunt stated he felt it important that state of
the art equipment be maintained, and inquired if the
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budgeted amount for training was adequate. The City Manager
responded that the Clerk's Department is short on staff,
that the in-house training is good, yet he felt there is not
adequate personnel with indepth outside training as a backup
to the Clerk. The City Clerk advised that a personnel
change will soon be taking place, that it is hoped the new
employee will be able to take advantage of certain training
that becomes available, and pointed out that the two part-
time employees fulfill a wide variety of functions, yet at a
cost saving to the city in the area of benefits.
In reviewing the city Attorney's budget, the City Manager
explained that the retainer for the city Attorney is
$18;000, with $150,000 budgeted for various and sundry legal
expenses. He pointed out the City Attorney is retained to
advise the council, Planning commission and other
commissions as needed, the City Manager, Personnel Officer,
and other staff as deemed necessary, that the annual budget
is usually between $200,000 to $225,000, and the hourly
rate, depending upon the service required, is about $115,
where legal services in other cities vary between $112 to
$225. He noted that under the Liability and Workers Comp
Accounts there are attorney fees for those specific matters.
with regard to an in-house attorney, the City Manager
explained they rarely have the depth of expertise, that
outside attorney services are necessary, as well as clerical
support, and that costs would be no less at best. He
pointed out that the City's legal firm is recognized as one
of the top firms in the state, various attorneys with
specific expertise such as Mr. Watson with seventeen years
history in Seal Beach, Mr. stepanicich with broad city and
legislative experience, Mr. Barrow with land use and
litigation experience, Mr. Rennett with real estate
expertise, Ms. Tracy with employee relations and public
employee labor law experience, and that a group of
approximately thirty additional attorneys are available to
the city with a wide range of expertise. With regard to the
final disposition of claims submitted to the city, the city
Manager stated the city Clerk maintains the record of all
claims and litigation filed. The Clerk advised that once a
potential litigation is filed, specific information relating
to that matter is no longer public information as provided
by law, that most often cases are closed at no expense to
the city except for certain legal costs, and it is now
common practice that if a case is settled by a court, part
of the settlement is that there be no disclosure of the
terms of the settlement. The Clerk noted that the city's
liability attorney could provide the Council with a periodic
confidential report regarding the status of claims, and that
he would also be willing to meet with the council if that
were desired. The city Manager ack.nowledged that the City
receives a number of liability issue claims, yet the number
that do not go past the filing or ever reach court is
amazing, and of those that do go to court, a very high
percentage are resolved in favor of the City. councilmember
Hastings said she would like to have a periodic claims
report. The city Manager explained the procedure for
processing claims submitted to the city. with regard to
legal costs relating to Mola, he stated there are certain
litigation costs that the City may be able to recover from
Mola, and in the case of the Wetlands suit the council had
determined that the City'S legal counsel was to take a
secondary position to Mola's attorney, therefore Mola
assumed the bulk of those costs, also, should the project
receive approval a hold harmless clause is provided where,
if a suit results from the project, Mola would be
responsible for the legal expenses.
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Mr. Thomas reported the Finance Department budget is
increased by three percent, the programs are unchanged, the
majority of the budget being personnel costs, with Account
51 reflecting money for a computer business license program
mandated by the state. He explained that Account 20 is the
Deferred Comp Program, a savings plan for certain employees
paid from the General Fund. The City Manager explained the I
City's program is through ICMA Retirement Corporation.
Councilman Laszlo asked if it is considered deferred
compensation or salary. Councilmember Hastings asked if the
deferred comp was being taken into consideration with regard
to negotiations for salary increases. The staff explained
that it is considered deferred compensation, that it is part
of the total compensation, the monies are invested by ICMA,
and the employees realize the interest earned. In response
to Council, Mr. Thomas stated he felt the equipment in the
Finance Department is comparable to or better than that of
most cities, noting that three years ago $40,000 was spent
on a small computer network, yet it would have been
preferred to have had more money to spend on more
sophisticated software. He did point out that funding for
the asset appraisal system had been included in the 48
Account, the cost to be divided between the General Fund,
Sewer Fund and Water Fund.
Councilman Laszlo inquired about the personnel costs in the
Non-Departmental budget, Account 19. The city Manager
explained those monies are primarily for personnel costs
associated with the various special events. Staff indicated
that the fireworks costs were included under special
departmental. Councilmember Hastings inquired about cable
expenditures. The city Manager reported the City receives I
$75,000 from the franchise and in turn it has been policy to
transfer that amount to the Cable Foundation who then
allocates those monies, the City realizing the benefit of
cablecasts of the Council and Planning Commission meetings,
the Christmas parade, and other community events. Staff
noted the current policy of the Council is to recover City
costs for special events, with certain exceptions, also that
the equipment rental in this account is for the copier, the
Kroy, FAX machine, etc. ,Mr. Thomas noted the TRAN appears
in the revenue detail.
It was the consensus of the Council to declare a recess at
4:10 p.m. The Council reconvened at 4:37 p.m. with Mayor
Wilson calling the meeting to order.
Captain Maiten commenced review of the Police Department
budget, reporting personnel consists of forty-one sworn and
nineteen civilian employees, that the 1990/91 budget
represents a six percent increase over 1989/90 estimated
costs, or $244,000, the primary reason being incremental
salary increases, percentage merit raises, a $139,000
increase of PERS, also the Orange County levy of $1.50 each
for court construction and new jail construction per park.ing
citation, or $66,000. He suggested that of the $244,000
total increase, if the aforementioned factors were deducted I
there remains a $29,000 increase which is divided between
personnel and operating expenses that are reflective of
routine cost of living increases. With regard to the jail
lease, the Captain advised that approximately six months ago
agreement was reached between the Department of Corrections
and the City of Anaheim for housing short term prisoners
which left the cities of La Habra, Seal Beach, and south
Gate out of the program. The city Manager said there has
been some research of becoming a weekend jail if that could
be accomplished at minimum expense. The captain stated a
concern with that program is liability if there were not
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full time jailers. It was noted that Seal Beach would have
realized approximately $140,000 annually through the jail
lease program with staffing paid by the state, however
Anaheim required no additional personnel. with regard a
question of the number of personnel, Chief stearns explained
that several months past the Council had authorized two
persons over the full compliment of forty-one, that one
person was retiring, and one person was designated to the
Narcotics Suppression Program up to June 30, 1990. Given
the current full staff, the Chief requested authorization to
have one person over the forty-one, to be covered by monies
other than budget funds. The Captain reported several years
ago the Department had justified annual overtime costs of
$250,000, with a goal to not exceed that amount with the
exception of the normal salary adjustments. He reported the
Department has implemented an overtime tracking program by
officer, by function, by compensation, and anyone having
sixteen hours per month is tagged and reviewed on an
individual basis, therefore with the Council's indulgence,
there should be a clear analysis of overtime by next year.
Councilman Laszlo stated he would like to have a detail of
the Police Department vehicles in the budget. Department
staff reported it is customary to rotate the marked cars
every four years, that vehicles are replaced however none
have been added, and offered an inventory of all Police
Department stock. With regard to reference to overtime
costs and the court liaison, the Chief explained that prior
to departments having court liaison positions, an officer
was required to appear at court in response to subpenas, at
full pay and often overtime, frequently for a full day, that
the liaison position allows the officers to remain on duty,
that employee also files the city's cases with the District
Attorney's office, which was also once done by sworn
personnel. Captain Maiten noted that the city of Seal Beach
is reimbursed $9000 per year by the city of Los Alamitos as
the result of sharing the services of the court liaison
officer. The Captain again stated he felt the forthcoming
overtime reports will be helpful, and noted initial data
shows a breakdown of 27 percent court time, 10.2 percent
callout of investigators, detectives, and surveillance, 6.4
percent sick leave or bereavement coverage, 5.7 percent
vacation coverage, 5.29 percent beach and Main Street
patrol, 5.14 percent range certification, 4.8 percent injury
on duty coverage, 4.7 percent special team training, etc.
The Captain explained that neither the Chief or the Captains
receive overtime, opposed to Sergeants, Lieutenants, and
officers. The Finance Director noted that additional
compensation of the Chief and Captains is five percent after
ten years, five percent after twenty years, and confirmed
that the base salary of the Chief is $74,000. Councilman
Laszlo requested the total compensation for the Chief,
Captains, and Lieutenants, to include deferred comp,
education pay, overtime, uniform pay, etc. The City Manager
explained that there are costs associated with the SWAT
team, records division, communications, etc. however have
not been broken down by specific item, which could be
provided if the Council desired. Councilman Laszlo
requested that information, as well as a deployment schedule
showing the number of cars on the street during day and
night hours, an organizational chart, and a like breakdown
for the Public Works Department. Councilman Hunt spoke of
the past decision to add police officers and the goal to
reduce overtime, which to some degree he felt has been
accomplished. He offered that the basement of the Police
building is an asset and there should be some means to
create a monetary return from the use of that space, also
suggested that when there are needs of the Department that
are felt to improve efficiency and/or keep equipment up to
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date, those requests should be presented to the Council for
consideration without hesitation. staff advised that the
city receives no reimbursement for crossing guards, that
some cities provide the service, some do not, and likewise
for school districts, that at the time the Navy housing was
constructed various alternatives were researched however the
Council chose to provide that service as protection for the
children. It was noted that in a number of cases there are I
mutual benefits and cooperation that often offset costs.
The city Manager reported also that the Recreation Director
is working with the Navy to possibly develop a child care
facility on the Base.
The Public Works Director pointed out an error in the Beach
Parking Account, reference to the Superintendent should be
motor sweeper operator. Staff explained on occasion there
is need for court appearances associated with the beach lots
for towing or whatever, therefore the budget reflects
possible costs. Councilmember Forsythe noted the suggestion
of the Retail Committee that the lots be converted to
meters. The City Manager explained that if the Air Quality
Management Plan is implemented, the City will most likely be
mandated to require some type of incentive for people to
utilize transit facilities or car pool, one suggestion being
that a fee be required for all parking areas, whether they
be private or public, on-street or off, one fee for single
occupancy vehicles, another for multiple occupancy, another
issue being activities that attract more than ten thousand
people on a given day, which could include the beach. He
stated once the guidelines under that Plan are known, which
at this time are not felt to be reasonable, a report will be
forthcoming to the Council which may include a proposal for
meters and residential permits under a parking program. I
Councilmember Hastings, said District One will not accept
parking meters, that they were used previously and did not
work. councilman Hunt asked if the goal of the past year to
increase the use of the beach lots and revenues had been
achieved. The City Manager reported that seasonal passes
have been offered to the general public and merchants for
their employees, the employees appear to continue to park on
the streets, yet the lots are attracting a substantial
number of cars on a regular basis, with good weekend use,
however revenues are anticipated to be $20,000 less than
projected, and usage is felt to be more directly related to
the weather rather than the rates. He noted there are a
number of off-shore oil employees that utilize the lots on a
daily basis, that use covered by negotiated agreement with
an annual rate increase, the per space cost of which will be
reviewed at such time as the agreements are due to expire.
Councilmember Hastings referred to in-lieu parking, inquired
as to the cost per space, the number that have been granted
in each case, and if the fees are being collected. Staff
responded that the cost is $100 per space, that there may be
some delinquency of payment, and offered that a report be
provided the Council. Council recommended that payment of
the in-lieu fees be enforced and possibly a penalty imposed.
Staff advised that residential parking permits will be I
placed on the Council agenda for consideration, and that
Councilmember Hastings had requested a cost and revenue
breakdown of that program. Councilman Hunt requested that
any thoughts toward increasing beach parking lot
utilization, which reduces street parking and generates
additional revenues, should be brought forward for
discussion. The city Manager said offering winter overnight
recreational vehicle parking has been given some thought and
there has been interest shown in such a program at the First
Street lot, however has not been recommended since it is
felt that would not be acceptable to the community.
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Councilmember Hastings suggested that an attendant be hired
to operate the beach lots during early hours to capture the
surfer traffic at an hourly rate, which would result in
increased revenue through turnover. The City Manager
offered to research the suggestion if the Council so
desired.
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After discussion, the Council indicated agreement to conduct
another budget workshop on TUesday, June 12th, at 11:00 a.m.
or a time to be determined at the June 11th regular meeting.
ADJOURNMENT
It was the consensus of the Council to adjourn the meeting
until Monday, June 11th at 6:00 p.m. to meet in Closed
Session.
It was the order of the Chair, with consent of the Council,
to adjourn at 5:52 p.m.
C
C
of the
Approved:
~r:L...) 7{. W~~
Mayor
I
,
Attest:
Seal Beach, California
June 11, 1990
The City Council of the City of Seal Beach met in regular
adjourned session at 6:03 p.m. with Mayor Wilson calling the
meeting to order with the Salute to the Flag.
ROLL ~lI.T.T.
Present:
Mayor Wilson
Councilmembers Forsythe, Hastings, Hunt,
Laszlo
Absent:
None
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Also present: Mr. Nelson, city Manager
Mr. stepanicich, City Attorney
Mr. Barrow, Assistant city Attorney
Mr. Whittenberg, Director of Development
Services
Mr. Archibold, Assistant to the city Manager
Mrs. Yeo, City Clerk
CLOSED SESSION
The City Attorney announced the Council would meet in Closed
Session pursuant to Government Code Section 54956.9(a) and
(b) to discuss pending litigation, Wetlands Restoration
Society versus City of Seal Beach, and labor relations. It
was the consensus of the Council to adjourn to Closed
Session at 6:05 p.m. The Council reconvened at 7:38 p.m.