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HomeMy WebLinkAboutCC AG PKT 2004-12-13 #F ■ AGENDA REPORT DATE: December 13, 2004 L TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REQUEST: Approve minutes for joint City Council regular adjourned and Redevelopment Agency and regular City Council meeting held on: November 8, 2004 Approve minutes for City Council Budget Workshop Session held on June 7 & 8, 2004 BACKGROUND: None FINANCIAL IMPACT: None RECOMMENDATION: Approve City Council Minutes for meeting held on: November 8, 2004. le /./... .L t, Lind. Devine, City Clerk NO 4 D APP ED: . 6 Jo r b . Bahorski, City Manager Attachments: Minutes Agenda Item F Seal Beach, California November 8, 2004 Mayor Yost called the regular adjourned session of the Seal Beach City Council and Seal Beach Redevelopment Agency to order at 5:30 p.m. ROLL CALL Present: Mayor Yost Councilmembers /Agency Members Antos, Larson, - - Levitt, Ybaben Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Ms. Teague, Senior Planner Mrs. Devine, City Clerk CLOSED SESSION The Mayor advised this would be the time for members of the public to address the Council /Agency on any item listed on the Closed Session agenda. The following spoke regarding the Closed Session agenda items dealing with the sale of real property located at 1190 -1198 Pacific Coast Highway pursuant to Government Code Section 54956.8: Mr. Jim Caviola, Seal Beach; Mr. Hank Pramov, Attorney at Law representing the Galbraith family. The Mayor extended the speaking time limit for Mr. Pramov to an additional five minutes and allowed other speakers - the courtesy. Mr. Jim Caviola, Seal Beach; Mr. Jim Klisanin, 11 Street; Ms. Joyce Barque, Seal Beach; M5. Mitzi Morton, Seal Beach; Mr. Jim Klisanin, Seal Beach; and Mr. Matt Murphee, Seal Beach business. There being no other speakers, the City Attorney announced that the City Council and Redevelopment Agency would meet in Closed Session pursuant to Government Code Sections 54956.8 and 54956.9 (a), (b), and (c) to discuss the items identified on the agenda. - The Council adjourned to Closed Session at 6:02 p.m. and reconvened at 7:10 p.m. with Mayor Yost calling the meeting to order. The City Attorney announced that the City Council and the Redevelopment Agency discussed the items identified on the agenda, and -with respect to item number two, existing litigation relating to Rodi versus City and Agency, the Council gave direction with regard to defense of the lawsuit, no other reportable action was taken. CONTINUED PUBLIC HEARING / EXERCISE OF PURCHASE OPTION - ZOETER PLACE (1190 -1198 PACIFIC COAST HIGHWAY) Antos moved, seconded by Ybaben, to table the continued public hearing relating to the transfer of Zoeter Place, 1990 -1198 Pacific Coast Highway, Seal Beach, Resolution Page Two - City Council Minutes - November 8, 2004 Number 5270 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE EXERCISE OF AN OPTION BY RODI PROPERTIES, LLC OF PROPERTY OWNED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CITY SEAL BEACH ", and Resolution Number 04 -03 entitled "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH APPROVING THE EXERCISE OF AN OPTION BY RODI PROPERTIES, LLC OF PROPERTY OWNED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH." AYES: Antos, Levitt, Ybaben, Yost _NOES: Larson Motion carried Mayor Yost stated that given that action the City will confer with its insurance carrier and will vigorously defend the lawsuit filed against the City /Agency. ADJOURNMENT It was the order of the Chair, with consent of the Council /Agency, to adjourn the meeting at 7:12 p.m. It was noted that by action of the Council on January 12, 2004 the regular City Council and Redevelopment Agency meetings scheduled for November 22, 2004 were canceled due to the Thanksgiving Holiday. • THESE MINUTES ARE TENTATIVE ONLY, SUBJECT TO THE APPRROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: • • Seal Beach, California November 8, 2004 The City Council of the City of Seal Beach regular meeting commenced at 7:12 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers Antos, Larson, Levitt, Ybaben Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Vukojevic, Director of Public Works /City Engineer • Ms. Arends -King, Director of Administrative Services Ms. Yotsuya, Assistant City Manager - Mrs. Devine, City Clerk APPROVAL OF AGENDA Larson moved, second by Antos, to approve the order of the agenda as presented. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried PRESENTATIONS /PROCLAMATIONS RESOLUTION NUMBER 5285 - HONORING DR. JOHN BRADLEY - U.S. FISH & WILD LIFE SERVICE Yost moved, second by Antos, to adopt Resolution Number 5285 as read in full by Mayor Yost entitled "A RESOLUTION OF THE CITY COUNCIL ON THE CITY OF SEAL BEACH, CALIFORNIA HONORING DR. JOHN BRADLEY." AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried The Council wished Dr. Bradley the best in his new position in the San Francisco Bay area. Mr. Bruce Monroe, Friends of the Seal Beach National Wildlife Refuge volunteer was introduced, Dr. Bradley then stated that he was honored for the recognition, that he enjoyed working on behalf of the Seal Beach Wildlife Refuge, with the many volunteers, and the City of Seal Beach community. ORAL COMMUNICATIONS Mayor Yost declared Oral Communications to be open. Mr. Hank Pramov, attorney for the Galbraith family, requested clarification that the Council /Agency determined to not take any action in regards to the option to purchase the Zoeter property, would rather defend itself in the litigation filed. Ms. Seretta Fielding, Seal Beach Boulevard, presented a diagram showing the flood areas in relation to the pump stations in the City, and expressed Page Two - City Council Minutes - November 8, 2004 her belief that the members of the new AdHoc committee should have an understanding of the problem and should only discuss the flooding issue. Mr. Stan Anderson, Seal Beach, announced that the Holiday parade will be on Friday, December 3` thanked City staff for their help as well as the Seal Beach Chamber, Seal Beach Lions, business merchants, SBTV, etc. Ms. Joyce Parque, Seal Beach, complimented the Public Works Department and the City Manager for the Main Street project, thanked the Redevelopment Agency for defending the City's rights, then asked where the money will come from to support improvements to the storm drains, and voiced her concerns on other issues. Ms. Sue Corbin, Seal Beach, commended the Agency's decision on Zoeter, said she believed that it was because of the people alerting them of the problem, claimed the City Manager and attorney were encouraging them to proceed when there was something drastically wrong, the original contract was flawed. She said there are too many engineers and Public Works Department was not prepared for the flooding which will cause more litigation, she approved fighting the Zoeter litigation among other issues. Dr. Robert Goldberg, Seal Beach, supported forming an AdHoc committee for streets and storm drains, but not to include facilities which he said is a separate issue, members of the committee should be provided with a full set of the documents distributed during the budget sessions to help their mission to provide a report on methods to finance any improvement recommendations. Mr. Matt Murphee, Seal Beach businessman, commended the Zoeter decision, his belief is that there are loopholes in the amendment, also thanked the City Manager for street improvements on Main Street. There being no other speakers, Mayor Yost declared Oral Communications closed. CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The City Manager mentioned that the City is in full compliance with the Brown Act, in a recent Orange County article it was reported they tested several agencies with regard to requests for public documents, Seal Beach was reported to have responded to the test request favorably. COUNCIL COMMENTS Mayor Yost introduced and welcomed Mr. Mark Vukojevic, the newly appointed Director of Public Works /City Engineer, and Ms. Christy Teague, the Senior Planner. COUNCIL ITEMS SOUTHERN CALIFORNIA EDISON - POLE REMOVAL AND REPAIR PROCESS As requested by Mayor Yost, Mr. Jerry Dominguez, representative of the Southern California Edison Company, gave a brief report regarding a misunderstanding with their contractor as to the time of day for the removal of an Edison pole and apologized for the inconvenience to a resident, it Page Three - City Council Minutes - November 8, 2004 was not an emergency therefore should have been done during regular business hours, there was some miscommunication which will not happen again. Mr. Dominguez stated his appreciation that the City brought this incident to his attention. RESIGNATION - CITIZENS PARTICIPATION COMMITTEE Larson moved, seconded by Yost, to accept the resignation of Mr. Andre Boutin, the District Five representative to the Citizens Participation Committee. Notice of the vacancy to be posted as required. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried CONSENT CALENDAR - ITEMS "D" thru "I" Antos moved, second by Yost, to approve the recommended action for items on the Consent Calendar as presented. WAIVER OF FULL READING Approved the waiver of reading in full of all resolutions and ordinances and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after the reading of the title unless specific request is made at that time for the reading of such resolutions and ordinances. D. Approved regular demands numbered 48263 through 48527 in the amount of $770,151.97, ADP payroll demands numbered 12894597 through 12894673 in the amount of $175,753.80, ADP demands numbered 13164274 through 13164351 in the amount of $175,661.34, and authorized warrants to be drawn on the Treasury for same. E. Receive and file Monthly Investment Report for September, 2004 F. Approved the minutes of the October 11, 2004 regular adjourned and Redevelopment Agency special session, joint City Council and Redevelopment Agency, and regular City Council meetings. G. Adopted Resolution Number 5286 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE ACCEPTANCE OF A TRI -CITY GRANT APPLICATION WITH THE STATE OF CALIFORNIA FOR A POLICE TRAFFIC SERVICES PROJECT." By unanimous consent, full reading of Resolution Number 5286 was waived. H. Received and filed the Police Services Study quarterly progress report. I. Received and filed the Main Street Holiday Parade update. AYES: Antos, Larson, Levitt, Ybaben, Yost Page Four - City Council Minutes - November 8, 2004 NOES: None Motion carried PUBLIC HEARING / RESOLUTION NUMBER 5284 - HOUSING AND COMMUNITY DEVELOPMENT (H /CD) PROGRAM YEAR 2005 -2006 GRANT APPLICATION Mayor Yost declared the public hearing open to consider the Housing and Community Development Program Grant Application for Program Year 2005 -2006. The City Clerk certified that notice of the public hearing was advertised as required by law and reported no communications received for or against this item. The Director of Development Services explained that the purpose of the public hearing was to receive comments from the public regarding the proposed grant application to the County of Orange Housing and Community Development Program for Year 2005 -2006, the funds are generated from the federal government to the County under the Urban County,Program, Seal Beach is one of fifteen non -- entitled cities by having.a population of less than 50,000. He noted that the Citizens Participation Committee met and recommended the following 2005 -2006 CDBG Application projects: Sewer Line Relining /Curb, Gutter and Sidewalk Replacement - 12 /13 Street Alley and 13 Street; Handicapped Accessible Ramps at Street Intersections - Old Town; ADA Accessibility Improvements - City Facilities; and Leisure World ADA Housing Rehabilitation Program. The Director reported that the Committee recommended, and staff concurred, that matching funds for two of the projects should not come from the City's General Fund, the Sewer Capital Enterprise Fund should be used for the Sewer Repair Project and that the Redevelopment Agency Low and Moderate Income Housing Assistance Program Fund be used for the Leisure World ADA project. Mayor Yost invited members of the audience wishing to speak to this item to do so at this time. Mr. Jim Caviola, Seal Beach, stated his desire to closeout the Redevelopment Agency and objected to the use of RDA monies for matching funds in Leisure World if the application is approved. Dr. Robert Goldberg, Seal Beach, said that the $400,000 matching funds for the grant should come from sources other than the General Fund, questioned - funding for Leisure World ADA upgrades to homes, and supported the 13 Street inclusion in the application. Ms. Sue Corbin, Seal Beach, questioned the vote of the Citizens Participation Committee, wanted to know if the Council was aware of the descending votes, she would like to see the Committee meet year round and regularly and not rubber stamp recommendations from the City Manager or staff, also asked that Councilman Ybaben check with counsel as to whether there is a conflict of interest by serving as a member of the Council and as a member of the tennis facility board, and she believed that the residents of Leisure World are not poor and do not need assistance to fix up their homes. Ms. Joyce Parque, Seal Beach, stated that the grant money the City is applying for is taxpayer money and they should receive some of that money back. There being no other speakers, Mayor Yost declared the public hearing closed. Page Five - City Council Minutes - November 8, 2004 • At the conclusion of comments by the Council, the Director of Development Services clarified that matching funds for Leisure World would come from the 20% set aside should the Redevelopment Agency have funds in that program, the City has also applied for funds under the CalHome program, the application is awaiting approval. The Director also clarified that the Citizens Participation Committee vote was three in favor, zero in opposition, and two members were absent, and noted that the City did not receive the application until October 20 the deadline to apply was November 15 the County provides the City only a short time period to put together an application. Larson moved, second by Antos, to adopt Resolution Number 5284 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING THE CITY'S PARTICIAPTION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE, PROGRAM YEAR 2005- 2006." as revised with regard to project description. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried ZOETER SCHOOL / DAY CARE SITE UPDATE The Director of Public Works presented a brief status report with regard to the Zoeter School day care facilities and an update as to what staff has been doing with regard to the Sun `N Fun re- certification. The Director reported that a letter was sent to the operator of Under the Rainbow and to the parents that were known informing them of the information the Public Works Department had collected as well as additional information regarding lead blood tests, he also referred to the survey report prepared by the environmental testing firm, and a list of alternatives for future consideration of the site. Councilman Antos requested that a committee be formed to study the future of the remaining part of the building and different types of uses considered separate from the'AdHoc Citizens Advisory Committee; Mayor Yost agreed, mentioning the fact that this area is zoned Public Land Use therefore staff should present a report of a possible AdHoc Committee comprised of the Park and Recreation Commission, along with representation from the Sun `N Fun Co -op, for consideration of alternative uses for the property and /or building. Antos moved, second by Ybaben, to receive and file the Asbestos, Lead and Mold Baseline Sampling Report prepared by Pacific Environment Company of Laguna Niguel on the Zoeter School day care site at 357 - 12 Street. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried AD HOC CITIZENS' ADVISORY COMMITTEE / STREET, STORM DRAIN, and FACILITY IMPROVMENTS - FORMATION The City Manager stated that as a result of the Town Hall meeting following the rain storm the Council requested staff to consider the formation of an AdHoc Advisory __. Page Six - City Council Minutes - November 8, 2004 Committee to look into the best method to finance improvements to streets and storm drains affected by major flooding, and said improvements should not affect the General Fund, the Manager also reminded that there are other facility issues that need to be addressed, that the reason for including facilities as part of the study for funding. The Committee members would be appointed by the Council, will meet monthly for six months, and submit a report to the Council in July. After deliberation, the Council recommended deleting the two Council members from the Committee organization, also reference to deleting "Facility" from the proposed Resolution, requested staff to bring to Council for final consideration the make -up of the committee and to more clearly define what is expected from the Committee report. Yost moved, second by Larson, to adopt Resolution Number 5287, at this time pending consideration of further revisions, the City Attorney read the title as amended, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CREATING AN AD -HOC COMMITTEE ON STREET AND STORM DRAIN IMPROVEMENTS ", the reference to "Facility" deleted throughout the documentation, in Sections 3, 4, 6, and 7; in Sections 2 and 5 delete reference to City Council members, and a statement added to read "The Street and Storm Drain Improvements Committee shall fully comply with the Brown Act." AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried DISCUSSION - JOINT POWERS AUTHORITY (JPA) / LOS CERRITOS - HELLMAN WETLANDS The City Manager reviewed the staff report and the advantages of forming a Joint Powers Authority between the City of Seal Beach, City of Long Beach, the Rivers, Mountains Conservancy (MRC), County of Orange, and other State agencies to acquire, plan, rehabilitate, manage and maintain the Los Cerritos wetlands that includes the Hellman wetlands. The Manager stated that prior to staff continuing with the concept of the formation the JPA it is important for the Council to review the outlines prepared by the RMC and provide comments and direction to staff. Councilman Ybaben requested more information as to long -term ramifications with regard to the Hellman property and history. Mayor Yost offered that this will be the last opportunity to get the wetlands restored and into the public hands. Yost moved, second by Larson to proceed with the formation of a Joint Powers Authority between the cities of Seal Beach, Long Beach, the Rivers and Mountains Conservancy - (RMC), County of Orange and other State Agencies. AYES: Antos, Larson, Levitt, Yost • NOES: None ABSTAIN: Ybaben Motion Carried Page Seven - City Council Minutes - November 8, 2004 • 100 -YEAR STORM UPDATE REPORT The Director of Public Works mentioned that a report relating to the October 17, 2004 100 -year storm was provided the Council on October 19 as well as to the newspapers. The Director gave a brief update as to what has been done since the October 17 storm, a Town Hall meeting where residents could complete damage assessment cards for the City to file with the County to seek assistance from the Federal Emergency Management Agency, information was provided to local residents and businesses of disaster assistance resources, and working with the Police Department to explore an early warning system as well as refine the reverse 911 system. Councilman Levitt suggested that the City provide assistance to the seniors who need to get sandbags. Larson moved, seconded by Ybaben, to receive and file the 100 -year Storm Update Report. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried CLOSED SESSION No Closed Session was held. • ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until December 13 2004 at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 8:45 p.m. By action of the Council on January 12, 2004 the regular meeting scheduled for November 22, 2004 was canceled due to the Thanksgiving holiday. • THESE MINUTES ARE TENTATIVE ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: • Seal Beach, California June 7, 2004 • The City Council of the City of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers Antos, Larson; Ybaben • 'Absent: None Vacancy: " • One • Also present: Mr. Bahorski, City Manager • Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works /City Engiheer . Ms. Arends -King, Director of Administrative Services Ms. Yostuya, Assistant City Manager • Chief Sellers, Police Department Captain Pounds, Lifeguard Department Ms. Gonzalez, Accounting Manager Mr. Cummins, Associate Planner Mrs. Devine, City Clerk BUDGET WORKSHOP Presentation - Proposed Budget Fiscal Years 2004/2005 and 2005/2006 The Manager outlined the process for adoption of the budget as required by the City Charter, by law the budget • needs to be adopted by June 30, 2004. The Manager mentioned that a Town Hall meeting had been held, staff / briefed the. newspapers, the proposed budget was posted on the website, copies were available for review in the libraries and the City Clerk's office, and available for purchase at the Finance Department. A PowerPoint presentation of an overview of the budget was the same shown at the Town Hall meeting, all budget documents and presentations on file in the Clerk's office. The Manager stated the proposed budget seeks t� address the need for a street improvement, a significant concern of residents, yet maintains fiscal stability, the proposed budget absorbs retirement increases and State revenue cuts without a loss of services. He advised that reduction of the Utility User Tax to six percent would cause a loss of $2'.1 million and could only be accomplished through significant reductions in programs, services, personnel, and require shifting . funds dedicated to street improvements to other areas to cushion . the• initial loss of revenues. It was noted that a public hearing would be held on the proposed budget prior to adoption. The Manager discussed the General Fund Five -Year Undesignated Fund Balance and the Analysis with Utility Tax Reduction Projections up to 2009. The three General Fund Page Two - City Council Minutes - June 7, 2004 revenues are Utility User tax, Property Tax, and Sales Tax. The three expenditures are fifty -seven percent to Police and Fire and twenty -three percent Public Works Projects. Staffing numbers at the City level after the hiring freeze was dropped down.to the seventies, question was raised as to the projected number of employees that would be hired by 2009; the Manager responded that there are no plans for increase in full time City staff, some part time maybe hired, new hires would be primarily in the Police Department, also; the City has been able to contract out some services the last few years. Another question was what has been the savings for contracting out and for what services, also, could the .Council adopt a different retirement system for new hires in the Police Department. The City Manager explained that in regards to the retirement the City would need to meet with the employee associations to negotiate an agreement and the cost savings. Utility User Tax Status Report The Director of Administrative Services gave a brief overview of the Utility User Tax, noted that according to the Ordinance it needs to be reviewed each time there is a new budget. The Director indicated that the amount of revenue is reduced every year because more seniors qualify for exemption under the income level of $37,676.00 or below and age 65 or older. The Utility Tax is the largest revenue source, about twenty -two percent, the projection is through historical data, and usage varies according to the weather and the utility use by residents. With a reduction to six percent the loss of revenue would be about $2.1 million, once reduced the Council could not increase the tax without a vote of the people under Prop 218, pointed out the City did go to the people for street sweeping . and tree trimming fee increases however they failed along , with the opposition to parking meters, and cuts would need to be made to the budget before the Utility Tax could be reduced. Question was raised as to -what other cities include in their Utility Tax, to which the Director . - responded that water and sewer was applied to their Utility Tax and reduced percentage of Utility Tax with added water and sewer would not be a savings to the residents. Capital Improvement Program - CIP Presentation The Director of Public Works /City Engineer gave the Council a brief report on the five -year Capital Improvement Program (CIP) projects completed in 2003 and the Master. Plan /Condition Assessments. The Director explained the net five -year proposed improvements and stated that the majority of, funding allocated to both water and street /transportation are grant- funded projects while the water utility now has an adequate funding stream to provide capital replacement for its failing infrastructure.. Regarding funding sources, sixty percent will come from outside sources, only one percent will come from the - - General Fund and five percent from the Redevelopment Agency. Pavement Management System Report Page Three -City Council Minutes - June 7, 2004 The Director of Public Works /City Engineer presented the Pavement Management System Plan, pointed out that the City maintains approximately forty -three centerline miles of roadway that equals about two hundred twenty -five football fields. Sixty percent of the roadways are residential while the remaining forty percent are multilane arterial - . roads. The Director provided a chart that showed the percentage of pavement area and another chart that included the arterials, the majority of pavement area within Districts -Three and Four, when arterials are subtracted Districts One and Four each have a third of the street area while Districts Two and Three comprise the other third, alleys were not figured into any resurfacing. Seventy - eight percent of the streets are surfaced with regular asphalt and seventeen percent use an asphalt /rubber hot mix. For a number of years the City did not perform any preventative maintenance such as slurry seal, this was re- established in 1997, fifty -two percent of the money was • invested in District Four, thirty -three percent in District- Three, and twelve percent in District One. It would cost $80 million to replace or reconstruct the City's entire street network. The 'City Manager's office has proposed dedicating $1.86 million towards local streets in the next two years, this would advance the program by twelve and half years, streets are selected and grouped by areas for cost effective projects, using an, alternative program for Old Town streets would save a considerable amount of money. The backlog cost, using the proper application of slurry seal, overlays, and reconstruction, it would cost approximately six to ten million dollars to bring all the streets up to good condition. The Council made brief clarifying comments. Mayor Yost declared a brief recess at 7:09 p.m. The Council reconvened at 7:20 p.m. with Mayor Yost calling the meeting to order. Building Facility Report The Director of Public Works /City Engineer explained that the Facility Condition Assessment is a detailed inspection and review of building conditions including mechanical, electrical, structural, architectural systems, and access for people with disabilities, incorporated into a Master Plan, the full Assessment Report was prepared by TEC Engineering Inc. is on file at City Hall. The Director mentioned that the City owns nineteen facilities, of that. maintains eleven, the other eight are leased, the tennis facility was also assessed. Each facility was evaluated for building construction replacement value, deficiencies, Maintenance and Repair System (MARS), and cost estimates (Work Program). A good facility would be the Police Station, less than ten percent cost for repairs, a poor facility would be Zoeter School built in 1948 and would • cost more to repair than its value. The City must maintain good facilities while repairing poor facilities. The Work Program is for infrastructure repair, bringing up to current Code and liability reduction, the Program is not for serious remodels or fancy upgrades. Available funding from the General Fund for the two -year period is $62,600 _ • Page Four - City Council Minutes - June 7, 2004 for recreational and park sites, funding from Proposition • _ 40 per capita and Roberti Z -berg totals $286,684. The preliminary figures estimate replacement value of the facilities at eighteen to twenty -two million dollars, and estimates backlog repairs at two to three million dollars, priority repairs relating only to fire, life /safety, and electrical would cost about. three hundred thousand dollars, that does not include Zoeter School which would alone equal one million dollars in repair costs. At the.conclusion of the presentation the Director pointed out that although a backlog exists a steady course of maintenance repair needs to continue, a policy discussion needs to occur regarding the Zoeter School site, additional information from the Engineering- Department will be provided at a later date, staff will also pursue grant funding to repair the community centers. One concern of Council was the amount of asbestos in the old Zoeter buildings and the need to have that assessed before any decisions are made. Upon conclusion of comments by the Council, Mayor Yost declared Public Comments open from the public, this is intended to be an informal forum, each person limited to three minutes, and the Council is seeking input from the community. PUBLIC COMMENTS - Ms. Ellery Deaton, Seal Beach, stated her main concern is - pavement management, police, and fire services are the most important but infrastructure should be the next priority, even though the City is a service orientated business it cannot ignore the streets in Old Town that have gone beyond ugly streets to dangerous streets, this is a costly liability to the City. She questioned the cost of contracting for services and would like the Council to keep in mind the needs of the residents before they make any cuts, this would include police, fire, infrastructure, as well as lifeguards and beaches. Mr. Jim Caviola, Seal Beach, urged the Council to dissolve the Redevelopment Agency, also stated his concerns about the condition of curbs and gutters, the lack of funding from the City for • _ - trees, loss of potential funds by not participating the "pay to play" rezoning program of the State, and the fact that Ruby's is building another restaurant on Second Street at Pacific Coast Highway in the City of Long Beach. Ms. Sue Corbin,•Seal Beach, questioned funds set aside last year for meetings with the public that did not happen, the public needs to have a chance to give their input on all issues, the City needs to be more responsive to the public. Ms. Corbin stated she believes there are too many urgency agenda items, that City Hall works in codes to hide things from the public, the Council is responsible to know what is happening with the contracts and check all warrants being paid, should also conduct a personnel cost analyst. Mrs. Barbara Barton, Ocean Avenue, said she would like to make a plea to the Council to seriously consider the streets and curbs in Old Town and have the Main Street merchants be responsible for cleaning the sidewalks. Ms. Joyce Parque, Seal Beach, said that most of the tax money the residents pay goes towards the pensions for the Police and Fire Departments and other City personnel expenses, the Council needs to evaluate where the money should go such as'repair of streets, picking up trash and cleaning the beach, and Page Five - City Council Minutes - June 7, 2004 water the trees on Main Street. Dr. Robert Goldberg, Seal Beach, provided a letter to the Council outlining his opinions regarding the budget, he praised the staff for the comprehensive, well organized, and clear written documents, expressed his support of the City Manager's recommendation to not lower the Utility Tax at this time, and allocation of `$2.4 million from the General Fund to Capital Improvements. He suggested that the Council consider the • following objective information in selecting which unfunded 'projects will be done of the forty -five projects listed; a) a complete description of the project, b) a discussion as • to why the project is necessary or desirable, c) a listing of the consequences to the City for failure /delay in completing project including risk of harm to person, increased future costs, and non - compliance with regulations, and d) there is potential for funding with grants, enterprise funds, State bonds, or other non - General Fund sources. There being no other speakers, Mayor Yost closed Public Comments. - COUNCIL COMMENTS Mayor Yost explained that the Council had a choice of going - over the budget page -by -page, department -by- department or just asks specific questions of staff. The Council made a few comments then decided to take additional time to review the Pavement Management document just received, an opportunity to think about the presentations and comments made, and to not review line by line but look at the big picture. Mayor Yost also mentioned that the City has a vacancy on the Council at this time and should schedule a team building session to ascertain what the needs are for all of Seal Beach before giving direction to the City Manager, and before adjourning requested that staff bring back a short report in response to some of the concerns stated by Council and the public. The City Manager explained that the Council has the ability to pass the budget then make amendments thereto as changes take place, , this is a living document, somewhat_flexible, and the one decision that will have to be made is in regard to lowering of the Utility Tax that could make a significant difference in the budget. Councilmember Larson said after review of the budget document he has changed his decision to reduce the Utility Tax at this time. Mayor Yost advised that the • Council will again discuss the budget at the next session, the public is welcome to attend and there will be time for comments. _ ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting to Tuesday, June 8th, 2004 at 6:00 p.m. to continue the budget workshop. By unanimous consent the meeting was adjourned at 8:40 p.m. THESE MINUTES ARE TENTATIVE ONLY; SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH.' Council Minutes Approved: • Seal Beach, California June 8, 2004 The City Council of the City of Seal Beach met in regular adjourned session at 6:03 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. • ROLL CALL Present: Mayor Yost • Councilmembers Antos, Larson, Ybaben " • Absent: None Vacancy: One Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works /City Engineer Ms. Arends -King, Director of Administrative Services Ms. Yotsuya, Assistant City Manager Chief Sellers, Police Department Captain Pounds, Life Guard •Ms. Gonzalez, Accounting Manager Mr. Cummins, Associate Planner • Mrs. Devine, City Clerk BUDGET WORKSHOP The City Manager and the Director of Public Works responded to some of the issues brought up at the Budget Workshop Session on June 7th • Ruby's Restaurant update plans are being looked at by the Coastal Commission • Zoeter Place report regarding the third amendment and sale process will be presented at the June 28 Council meeting • Solid waste selection franchise report will be presented at a later Council_ meeting, trash rates are low in comparison with other Orange County cities • • Negotiation with police employees would require to meet to confer for any changes in the proposed agreement • Street sweeping out sourcing services saves the City approximately $200,000 a year • Prop 40 grant funds can be used for landscape equipment, funds were used for playground repair and equipment, this was done as a result of the playground - audit • Use of curbs and gutters are recommended for cities for better water runoff • Beach cleaning is done on a regular basis and more trash receptacles were placed along the beach • Tree grates on Main Street is an on going problem with continual destruction of the young trees planted Page Two - City Council Minutes - June 8, 2004 • Trash collection on Main Street costs the City approximately $30,000 a year, containers emptied seven days a week, Monday through Saturday by Consolidated and contracted out services to another company for Sundays and holidays, also added five more receptacles along Main Street , • Unfunded projects are being prioritized following the Master Plan and the City will try to obtain funding - • from other sources • Water and sewer fees do not fall under Prop 13 or Prop 218 and funds are not commingled with any other funds Mayor Yost explained that the Council will discuss the proposed budget, by consensus make adjustments, and the public will have a time for comments. Council Comments and Staff Responses • Recommend proposed modified street paving using asphalt overlay and not replacing curbs, gutters, trees, or sidewalks. This process will save the City money, this process will not work for all streets but - will make it possible to repair more streets in the City. • Budget documents are informative and the budget will work if the City continues to do- business as usual, • the Council needs to have a mechanism to direct staff • as to what Council goals and long -term visions are for the City. ■ The Council should do their strategic planning session first and then give the City Manager direction as to where the funds need to be spent. ▪ City'Charter dictates how the Council operates. Staff response: Lobbyist for Washington DC is a flat fee and psychological testing is for potential new • ' hire of police officers - • Separate attorney for Police Department is needed to represent the department during Civil Service Board hearings and any other legal issues • • Attorney fee saving at Planning Commission meetings by having them on an as needed basis and having only one meeting a month . • Staff response: Attorney costs this year dealt with a • lot of projects - news racks, codify municipal code, zone text amendments, legal non - conforming residence, charter updates, zoning code, ordinances, etc. • Staff response: Variety of issues that go before the Commission for review and routine items, only appeals go before the Council and then Council can make permanent changes to the zoning code • Staff response: Detailing of the police cars for the inside de- odorizing and cleaning • Possible use of senior volunteers to issue parking tickets and have better parking control enforcement especially during street sweeping and weekends • Staff response: Professional Membership and Dues and Training and Meetings allows departments to receive discounts on publications and documents as well as receive current updated information Page Three - City Council Minutes - June 8, 2004 • Staff response: Each Department head reviews their budget line by line to determine what is needed, there is no set formula to allocate the funds • Staff response: Public Works engineering architects contract out services are for building and park drawings, the majority of projects are done in -house • Need to look at a new philosophy to better evaluate the staffing and workload for all departments • Need input from Planning Commission before cutting the attendance of an attorney during their meetings After calling a ten - minute break the Mayor stated that the Council would hear from the public at this time, this is not a formal Council meeting and each person was allowed three minutes. Public Comment - • Mr. .Jim. Caviola, Seal Beach, stated the City should .. close the'Redevelopment Agency and pay down the debt, - • need to hire a high powered appraiser to get the maximum from the sale of Zoeter School, cut costs on curbs and gutters, use the modified street paving process, plant more trees, Council and Planning - Commission should meet only once a month, take time in zoning decisions, should not have a Local Coastal Plan but defer to Coastal Commission, and should consider hiring a part time City Attorney. • • Mr. Ron Deaton, Seal Beach, expressed three policy issues: streets long -term liability, three percent - fifty -year retirement pension of Police Department and should reduce benefit for new employees, and Utility User Tax is problematic in reducing and would need to out -line the consequences of the reduction. Other concerns were parking control and enforcement, contracting out and'need for more detail on cost effectiveness, and the need for an attorney at the Planning Commission meetings • Dr. Robert Goldberg, Seal Beach, presented a document to the Council with alternatives to the Unfunded Capital Projects, suggested that Capital Improvement Funds be divided equally among Council districts, - storm drain improvement issue, should have full information before any decisions are made, and would like to see a summary budget page for the entire City. Staff response: Master Plan of Storm Drains document . has a priority list and is available in City Hall • Mr. Edmund Loritz, Seal Beach, questioned why Leisure World could not be counted in the City's Redevelopment Agency.low and moderate housing count • Ms. Reva Olson, Seal Beach, stated the City needs to reduce the Utility User Tax and has concerns about the in -lieu parking trust fund • Ms. Joyce Parque, Seal Beach, said that the Utility User Tax should be reduced by two percent and cut each 'Department spending by two percent, the City is on a collision course with all the salary and pension funds, do a better job cleaning the beach sand, City Hall should operate eight hours a day five days a • • Page Four - City Council Minutes - June 8, 2004 week, can(hot afford Police Department using fifty'two percent of the budget, other concerns are the trailer • park: Zoeter place, Ruby's Restaurant, sewer, trash, and street sweeping • Mr. Bruce Bennett, Seal Beach, made comments regarding the retirement plan, training costs, business license revenue, in -lieu parking fees need to be audited, no curbs on Fourth Street, need to follow the original plan for the Redevelopment Agency and then get rid of .it, and in tough time Council has to be unpopular and cut budget two to five percent across the board • Ms. Ellery Deaton, Seal Beach, said she would like to see a City summary page for the whole budget, perception is government not responsive to the street issues, Planning Commission buffer between residence and Council, need to reduce attorney fees and hire an attorney at a flat salary, contract out for attorney with expertise for large projects, keep safety net • • amount in reserves, get rid of Redevelopment Agency, no over site process to determine what work employees are doing, and Old Town parking problem issue. • Council Comments • Streets need repair first before improving the storm drains • This is,a forward looking budget, it maintains a reserve, and includes street improvements • The City needs to give beach back to the State and the swimming pool to the school district, needs to get out of things that cost the City money • Deferred maintenance is a challenge, need to decrease cost of doing business, departments need to cut costs, and do a performance study on City Hall • • Set M Plan and goals for City Manager and Council take responsible for their decisions • Council does a City Manager annual performance evaluation and the City Manager evaluates the City staff • Need to get information as to what is the State going to do to help cities • Had a hiring freeze to help reduce the costs in the City • Council needs to make specific recommendations as to what they want cut and not just generality • City Manager should be able to reduce expenditures by 1.25% of the budget • Have not seen the results of the Police study and this will affect the budget, most of the money will go to people and the possibility of contracting with City of Long Beach for animal control • Will need to take a hard look at the City having its own Police Department need to explore a different retirement system for new hires because in the near future we will have our own Police Department but will not be able to afford anything else -like Public Works ' Department or Planning Department, etc. Page Five - City Council Minutes - June 8, 2004 The Mayor announced there would be a public hearing on June 28 for the adoption of the proposed budget. The Mayor also stated that after the interview and selection of District Five Councilmember is made there will be a team building session and each Councilmember should list their three top priorities. The budget will then reflect the goals of the entire Council. There was discussion to look at different ways- to increase revenues and once there -is a surplus the City should look at reducing the Utility User Tax or find other savings for the Seal Beach residents. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until. June 14th, 2004 at 6:30p.m. to meet in Closed Session if deemed necessary. By unanimous .. consent the meeting was adjourned'at 9;15 p.m. • THESE MINUTES ARE TENTATIVE ONLY, SUBJECT TO THE APPROVAL OF THE-CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: •