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HomeMy WebLinkAboutCC AG PKT 2004-09-13 #F , AGENDA REPORT DATE: September 13, 2004 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 City Council Minutes for meetings held on: April 26, 2004; May 18, 2004; June 21, 2004; June 28, 2004; July 12, 2004; July 15, 2004; August 9, 2004 BACKGROUND: None FINANCIAL IMPACT: None RECOMMENDATION: Approve City Council Minutes for meetings held on: April 26, 2004; May 18, 2004; June 21, 2004; June 28, 2004; July 12, 2004; July 15, 2004; August 9, 2004 Li a Devine, City Clerk NOTED AND AP' ' OVED: John B. B : rski, City Manager Attachments: Minutes Agenda Item ,F x r Seal Beach, California April 26, 2004 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Antos, Doane, Larson Absent: Councilmember Yost Councilman Yost arrived at 7:07 p.m. Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Boga, Assistant City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works /City Engineer Chief Sellers, Police Department Ms. Arends -King, Director of Administrative Services Mr. Vukojevic, Deputy City Engineer Mr. Cummins, Associate Planner Ms. Yeo, City Clerk Mayor Campbell requested that this meeting be adjourned in the memory of Mrs. Elouise Shanks. APPROVAL OF AGENDA A member of the audience requested that Item "T" be removed from the Consent Calendar for separate consideration, Mayor Campbell requested Items "L, M and DD" removed, Councilman Doane also requested Item "T" removed, and Councilman Antos requested that Items "L, M, T, and AA" be removed. Antos moved, second by Doane, to approve the order of the agenda as revised. AYES: Antos, Campbell, Doane, Larson NOES: None ABSENT: Yost Motion carried PRESENTATIONS / PROCLAMATIONS PROCLAMATIONS Mayor Campbell read in full the Proclamation for the 1 day of May, 2004 as "Children's Day." Antos moved, second by Doane, to so proclaim. AYES: Antos, Campbell, Doane, Larson NOES: None ABSENT: Yost Motion carried The Mayor read in full the Proclamation declaring the month of April, 2004 as "National Fair Housing Month." 1 Page Two - City Council Minutes - April 26; 2004 Councilman Yost arrived at 7:07 p.m. Antos moved, second by Doane, to so proclaim. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried Mayor Campbell read in full the Proclamation of May 9 through May 15 2004 as Blue Ribbon Week." Antos moved, second by Doane, to so proclaim. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried • On behalf of the City, Mayor Campbell presented the Proclamation to the Police Officers present at this meeting. Chief Sellers expressed appreciation for the recognition on behalf of the Police Department, particularly with the coming of May 15 which several years ago the President designated as National Police Memorial Day. He noted that not many people are aware that more than fifteen thousand police officers have been killed in the line of duty, each year their families and members of their departments go to the National Memorial in Washington, D. C. to pay honor and recognize those who have given their lives to protect their communities. The Chief mentioned that there are many heroes in the world, those in the military and those that serve to protect their communities, there are nearly nine hundred thousand police officers in the United States that give a lot of thought and effort to doing their job each day, one out of every nine officers is assaulted each year, one out of twenty - five is injured, and two of every four thousand are killed in the line of duty, staggering numbers, Seal Beach too lost an officer in August of 1988 while attempting to make a vehicle stop, California has lost the highest number of officers in the Nation, three officers just the past week. On behalf of the Seal Beach Police Department the Chief presented the Mayor and Council with a pin commemorating Blue Ribbon Week. The Mayor commended the Seal Beach Police Department for their service. PRESENTATION Mr. Pat Larkin, John Laing Homes, said he wished to update the Council on the status of their project, which has been a long road, the current status, the next steps, and timing for the project. Mr. Larkin noted that work was started on the project site in the summer of 2002, they came upon a Native American burial, the project was then halted while a mitigation plan was prepared in conjunction with City departments, the Coastal Commission, Hellman Properties, and John Laing Homes, work then resumed this past November, at this point the archaeology phase is nearly complete, about ten percent remaining, the underground utility work has begun as has the street improvements to Seal Beach Boulevard, anticipated to be completed by June with a new traffic signal, irrigation, grading, and landscaping, work has commenced on the Water Quality Basin which will be taking all of the urban runoff from the front of the project and the project itself, the runoff will basically be scrubbed making it the cleanest water that has gone into i f Page Three - City Council Minutes - April 26, 2004 - the channel in years as well as provide a habitat for the flora and fauna in the area, they are also working on the Gum Grove Park trail and Interpretative Center. Mr. Larkin --- - - - -- showed the lowest tier of lots that will be overlooking the wetlands, they are clean, graded, and certified, ready for building to start, however because of other later phases of the project they are not quite ready to start the housing, also showed a view looking south towards their Crestview neighbors. Mr. Larkin noted that the entrance to the project where it ties into Seal Beach Boulevard has been paved, showed a view of the parking area for the Gum Grove Park extension, the trail to the Park as well, it is about seventy percent complete and will tie into the existing Gum Grove Park trail, the project ran into some architectural and engineering issues, they are working with their engineers to rectify those problems, showed a diagram of the rear property line of the Crestview residences and the approved alignment for the Gum Grove trail, and in the event that the archaeological and engineering issues can not be resolved rather quickly John Laing Homes may be coming back to the City to request a temporary, about ninety day, realignment of the trail, at this point resolution seems to be likely. Mr. Larkin mentioned that part of the mitigation plan with the Coastal Commission was that John Laing Homes would install an Interpretative Center as well as a spur trail that will tie the Center to the Gum Grove Park trail, also showed the retaining wall on the northerly portion of the site as well as the location of the spur trail, at this point the Interpretative Center is under construction, most of the masonry work has been completed, within a couple of weeks it is anticipated that irrigation and landscaping will begin as well as the decomposed granite pathways and Interpretative signs. He noted that the next step is to complete the remaining work that is presently in progress, then start installing the remaining walls, landscaping, entry features and gates, commence the construction of the homes, and pave all of the interior streets. With regard to timing, Mr. Larkin reminded that one of the conditions for them to begin construction of the model homes was to complete the trails, the Interpretative Center, and the water quality basin, based on that it is anticipated that the model homes should be completed by May or early June, the models open by mid to late June, if those dates hold there would then be a grand opening by the first quarter of 2005 and the first residents by summer, 2005. Mr. Larkin noted that the project is not moving as quickly as they would like yet as expeditiously as possible under the constraints of the project, moving forward yet honoring the process, he mentioned that the Coastal Commission is being cooperative, that this has been an opportunity for some unlikely people to work together, the Native Americans, the Hellman family, the Coastal Commission, the land developer, the Council and City staff, all of which put together a good mitigation plan as well as an outstanding community. He noted that the sidewalk along Seal Beach Boulevard has already been completed which connects Heron Pointe with the City, also directed interested persons to the Herron Pointe website, and noted that the last he heard there had been four to five hundred inquiries of interest in these homes. s r Page Four - City Council Minutes - April 26, 2004 Councilman Yost noted that one reason for requesting this update was the concern of some Crestview residents with regard to the temporary access road coming within about ten feet of their rear yards, and inquired as to the status of that road and the distance from the homes. Mr. Larkin responded that as approved the trail is about fifty -five feet from the back property line of the Crestview homes, if it were necessary to relocate the trail temporarily, that would require City approval, it would be proposed at about twenty -six feet, not ten feet, from the back property line and for about ninety days, and clarified that this is a trail, not a road, it is only for pedestrian traffic and any City vehicles that would be necessary for maintenance or emergency purposes, it will not be used by Hellman Ranch for their oil operations, etc. Councilman Yost offered that one of the greatest concern throughout the approval process was security of the homes along Crestview and the gate that would be installed across the trail, and asked the status of the gate. Mr. Larkin recalled that at last discussion there was talk that the gate would be installed if the Interpretative Center were to be located in Gum Grove Park, since it is not his understanding is that there would be no need for having the gate /fence, if it was something different then there needs to be further discussion. Councilman Yost said that was not his understanding in that there is an open trail from the parking lot to the homes along Crestview, a serious security concern for those residents. The City Manager responded that he believed that the issue began with a split rail fence, some residents wanted more than that, it was the intent of staff to submit that issue to the Gum Grove Park Group as they will be instrumental in doing other things within the Park, that would be the forum underwhich to express views as to the aesthetics of the fence. Councilman Yost mentioned that the Chief of Police, Mayor, and Councilpersons had spoken before the Coastal Commission with regard to the safety of residents along Crestview, the access is a major concern, he would like this looked at. Councilman Larson reminded that the Commission ignored the Police Chief and said there could not be a fence and gate, they only acquiesced because the Native Americans wanted it. Mayor Campbell pointed out that at present Gum Grove is accessed from within the Hill area, therefore if people are in the Park at night it is not an accident, they have to know the area, yet the access from Seal Beach Boulevard as proposed opens the area up to all kinds of conceivable problems which leads to a justifiable concern. Councilman Yost invited a representative of the Hellman family to provide an update on the acquisition of the lowlands that was part of the approval process with a twenty -five year deed restriction. Mr. Dave Bartlett mentioned that he had spoken with Mr. Tone this date, they have been working with the Wildlife Conservation Board for the past year characterizing the soil contamination that is on the property as a result of many years of oil production, there is contamination however it appears to be all hydrocarbon contamination which is merely a naturally occurring oil which is believed can be mitigated and worked into an open space plan and is thought will not require major amounts of remediation, offsite hauling, etc. Mr. Bartlett stated there are no J � Page Five - City Council Minutes - April 26, 2004 plans to do anything on the property at present, allowing the interested parties to become comfortable with what currently exists, the next step would be to find an entity that would be interested in owning the property, the Wildlife Conservation Board is not interested in holding fee title, it would need to be another entity, possibly the San Gabriel Rivers and Mountains Conservancy would be able to assist in that regard. Mr. Bartlett concluded that the funds for acquisition have been set aside, they are designated for Hellman Ranch. ORAL COMMUNICATIONS Mayor Campbell declared Oral Communications to be open. Mr. Bill Ayres, Seal Beach, 10K Race Committee, reported that the 2004 Race was successful, thanked the public, community, and the volunteers for their support, noted that the participants increased to over two thousand five hundred fifty paid runners, a record and twenty -five percent increase from last year. Mr. Ayres mentioned that to put on such an event the Committee works nearly twelve months, there are many facets such as water, food, blocking of streets, he had concern with the new bridge construction however the contractor, Griffith Company, helped tremendously. He noted that Ms. Elizabeth Kane is the Committee promotional person, has a Race website, this year there were eight hundred fifty people from Seal Beach, Rossmoor, and Los Alamitos, over two hundred twenty children in the Kids Race, there was a costume of Sammy Seal, participants from fourteen states, there have been letters and e-mails from participants that have said they will be back, the day following the Race there were three hundred people checking the website for times. Mr. Ayres mentioned that this year the walkers were timed, their times can be found on the website, next year there will an award of medals, there was also a wheelchair division this year, there were eight registrants but only two participants, the Committee will try to build on that for next year, there was a full vendor line, and the Main Street restaurants indicated they were pleased as they had record patrons, it is important to have the participants and observers remain in the community for a period of time after the Race, also, the Race course was cleaned and streets reopened by 9:30 a.m. Mr. Ayres reported that the Race Committee is taking grant requests until May 30th, proceeds from the Race are given back to the community for recreation facilities and services. He again thanked the community, the volunteers and sponsors for a great Race. Mr. Jerry Dominguez, Southern California Edison, expressed appreciation for the National Fair Housing Month Proclamation, noted that he is the two year Chair of the Fair Housing Council for Orange County, the Council has an approximate $1 million budget to serve the County and fourteen cities to enforce HUD regulations and training. Mr. Dominguez mentioned to the Council that the service planner for Seal Beach and Los Alamitos is a person with whom he has worked for approximately three years, and the Highway Patrol Officer whose life was taken in front of the Pomona Courthouse was her husband, this was a shocking incident. Mr. Dominguez noted that this past week he had submitted a letter to the Council with regard to Ordinance 1515, Titles 6 and 9, he has also spoken with staff, and 1 Page Six - City Council Minutes - April 26, 2004 while the City has offered to meet after approval of the Ordinance, he would still request that Titles 6 and Nine be removed from adoption of the document, inasmuch as after having reviewed those Titles there is a concern that there could be some issues that could come into conflict with the existing franchise with the City, it is understood that the same could also be the case with the Gas Company. He mentioned that Edison pays a substantial annual fee for the franchise contract to provide services, it covers issues of defective facilities, street repairs, franchise payments, etc., therefore he would again ask that those Titles be removed until such time as Edison can meet with staff to work out details, confirmed that he could be available the following day, his understanding is that there were workshops held however neither the Edison Company, Gas Company, or Verizon were aware. Mr. Mike Murray, Verizon, said he too wished to request a continuance of the adoption of Ordinance 1515, particularly Titles 6 and 9, until workshops can be held with the affected utilities, he understands the need to continuously update the Municipal Code document in this day of rapid change, especially in the area of telecommunications, that is why the request for a workshop to discuss the current proposed changes, the letter submitted to the City outlines in detail articles that will mutually benefit from discussion, and eliminate future complications and costs. He said the authority of the City to manage the right -of -way is recognized yet right -of -way rules need to comply with the California Public Utilities Commission Code to assure that customers receive service in a timely and efficient manner, their correspondence sets forth articles that are felt will be restrictive in meeting provisional requirements for maintenance and services as well as inconsistent with the PUC Code, communications infrastructure is most important to cities and its maintenance is critical, just as important as it is for communication companies to upgrade to the next level of broadband services, the proposed Ordinance will inhibit those services and there are certain facility requirements that ignore manufacturer specifications and warranty requirements. Mr. Stan Anderson, Seal Beach, mentioned that approximately a year ago Councilman Larson appointed him to take charge of a Vietnam War Veterans Memorial at Eisenhower Park, the Memorial is now in place, honors all veterans of the Vietnam conflict as well as prior Seal Beach resident Paul Swigart, a Navy pilot whose life was lost in Vietnam. He mentioned, with appreciation, the names of the individuals from the veterans organizations, City staff, residents, and the Swigart family that assisted with this project. Mr. Anderson reminded that he was the Chair of the Parking Management Committee, expressed appreciation to those who served as members and tried to give input and guidance to the Parking Management Plan and the parking meter issue. He noted that the intent had been to free up parking for the Main Street merchants, however some of them as well as their employees continue to utilize Main Street parking • which does not leave adequate spaces for business patrons, there were some merchants that felt business would be lost with the installation of meters, on the other hand there would have been a revenue source to the City which could Page Seven - City Council Minutes - April 26, 2004 have been used for infrastructure, the Committee was not trying to put in parking meters just for the sake of meters, in the opinion of the Committee it was felt to be the right thing to do, it is too bad that the Council changed its mind and reversed its action on meters, his hope is that the City will work with the merchants as there are some businesses that need that parking. Councilman Larson expressed appreciation for accomplishing the Veterans Memorial. Mr. Dennis Smith stated that he was present at the March 8th meeting, the owner of the two bedroom, one bath duplex condo on Ocean, his request is to add a ninety -two square foot bathroom which is in compliance with all City regulations with the exception of the recently adopted Ordinance 1519 relating to multi - family high density units. Mr. Smith noted that at the time of adoption of the Ordinance there was direction for the Planning Commission to revisit the issue of condominiums and additions to nonconforming units, at that point he was encouraged, he was informed that the Commission could recommend an amendment to 1519, however the Commission voted against any change to 1519, he had explained to them the situation, provided them photographs showing the twenty foot setback to the four car garage plus the two guest parking spaces, a member of the Commission did not feel that tandem parking was very useful, however his feeling is that during weekends and summer there are two less cars parked on the street, and pointed out that the neighbor to the east is only nine feet from the alley, has a two car garage, a larger dwelling, yet they can add space because they are single family. Mr. Smith noted that the appellant of the Electric Avenue property approval was present which resulted in Ordinance 1519, and offered that he would not have spent money on plans and engineering had he known about 1519. Even though the Commission opted to make no changes to the Ordinance, he said it has been suggested that the variance process would be appropriate in this case where there are special circumstances, on the other hand it has been said that a variance could not be obtained if the law is followed, also that it was not felt that the threshold for a variance could be reached, there lies the dilema, his desire is to not cause a conflict between the Council and Commission, nor more work for the staff, however he wishes that the City would allow additions to legal nonconforming multi - family properties by density only through the conditional use permit process as does many other cities. Ms. Margene Walz, Seal Beach, stated she wished to endorse City Clerk candidate Linda Devine, described the background and experience of Ms. Devine, urged a vote for her on May llth, and extended congratulations to her on the birth of her grandson. Ms. Sandra Constable, College Park East, stated she and her husband have known Patty Campbell for a long time, commended her service as Mayor and Councilmember, described the background and experience of Mrs. Campbell, and urged a vote for Campbell for City Clerk on May llth, an important position. Ms. Enea Ostrich, College Park East, made reference to a Linda Devine campaign flier which stated that she will be giving up half of her salary as City Clerk, her question, what is the savings long term. Ms. e r Page Eight - City Council Minutes - April 26, 2004 Ostrich stated her support for Campbell for City Clerk on May llth. Ms. Kathy Orr, Candleberry Avenue, voiced her endorsement of Patricia Campbell for City Clerk, a friend and neighbor for many years, dedicated to the City of Seal Beach, described her efforts on behalf of College Park East and the City over the years, and encouraged a vote for Campbell on May llth. Ms. Joyce Parque, Seal Beach, said upon looking at the agenda she did not see a utility tax item that Councilman Larson had indicated he wanted to talk about, spoke in support of Linda Devine for City Clerk on May llth, claimed that Mayor Campbell has taxed and spent for years, the money has not been spent in Old Town or College Park East, it has been on salaries and benefits, the Manager received a pay raise, the Police Department received raises, when the Police Chief gets a raise so does the Manager. She questioned how much has been spent on Public Works, the streets are sinking, have grass growing in them, the beach has not been deep cleaned in months, there is glass, rusty lids, styrofoam, why is Seal Beach not cleaning the beach, prohibiting smoking on the beach, now street cleaning is going to twice a month rather than once a week, the money has gone for raises, eighty cents of every tax dollar goes to employees, twenty cents comes back to take care of City needs, Seal Beach approved the three percent at fifty -five formula for the Police Department, other larger cities chose to not approve that formula, and next year of her tax dollar fifteen cents will come to the City for maintenance and services. Ms. Reva Olson, Seal Beach, asked that the City be honest with the people who live here, there was an in -lieu parking program, the people were told it was approved by the Planning Commission and Council unanimously, it was not, it has been said that Mayor Campbell sitting on the Linc Board was not a conflict of interest, what do the people think. Ms. Olson stated her intent to vote for Devine for City Clerk. Ms. Sue Corbin, Seal Beach, commended the Police Department for having become a professional group, not perfect but much improved, she does not want to see the Sheriff's Department in Seal Beach. She described her interpretation as to how Mayor Campbell as City Clerk could work two years and then receive full retirement, having received about thirty -seven percent of the March 2nd vote suggested that Mayor Campbell should not have been a Run -Off candidate, saving the cost of a second election, claimed that she had used City letterhead during the election process, had trouble separating her Council position from that of Clerk candidate, did distribute her Mayor business cards, inquired as to what happened to the FAX machine she received, claimed that the Trailer Park deal was terrible and then Mayor Campbell put herself on the Linc Board. Ms. Corbin said she would vote for Devine for City Clerk. Ms. Joan Ward, 8th Street, stated she generally does not follow politics, however will vote for Linda Devine for a new perspective in Old Town Seal Beach. Mr. Paul Jeffers, Cottonwood Lane, said there is nothing in writing that says the people will own the Trailer Park once the bonds are paid, there is a lawsuit ongoing, no communication with Linc Housing since then, the reason he was present was because Linc and Seal Beach Affordable Housing has not had a meeting since about last August, there are seven members, the Trailer Park needs representation. He said there is a - Page Nine - City Council Mlnutes - April 26, 2004 double wide trailer moved into the Park but it does not fit in the space, the neighbor is upset, when the door is opened it goes into a tree, it is too close to the house, in the case of an emergency there is no way to exit either trailer safely without going through the utility stands, etc., his understanding is that there is an ordinance that requires six feet between trailers, it is understood that it is the Trailer Park that informs the Planning Department of approvals yet there continues to be these problems, property lines are another issue, the Park says they do not go by any survey, they use some other kind of map and have the attitude that they have the authority. Mr. Jeffers stated that the residents need Linc Housing to help them with some of the problems, in good faith the people came around so that the MPROP money could be approved, the people still want some written assurance that they will own the Park in time, with two representatives from the City and two from the Park they should be able to get some cooperation from Linc. In response to the prior speaker, Mr. Frank Boychuck, Trailer Park, said if it had not been for the speaker and the group of residents that sued Linc Housing there would still be communication and regular meetings as there had been on a monthly basis for the past three years, noting that there are so many misreprentations, falsehoods and distortions made it is unbelieveable. Mr. Boychuck reported that by approximately March 1st more than the majority of signatures needed were obtained from the Park residents for the State to pay the $1 million bridge loan back to the City, to that he requested that the City Manager attempt to obtain a letter from Ms. Lorraine French at the State office as to their agreement to the extension, as had been agreed to by telephone conversation, and he would like to have someone working with Ms. French and Mr. Johnson of Linc Housing so that this matter is not delayed further. Noting that this is the last meeting of Mayor Campbell, Mr. Boychuck mentioned that as a twenty -five year resident of the Trailer Park he knows and has many historic facts as to what transpired there, Mr. Dawson was the sole owner and ran the Park, he passed away, his widow ran the Park for about a year and a half, in year 2000 she turned it over to Richard Hall, a multi - millionaire who owned thirty -three trailer parks across the State, had a bad reputation in Orange County and throughout the State for taking trailer parks, restructuring them, removing the older residents, and raising the rents to $1,200 or more, anyone wishing to substantiate those facts may go to the Orange County Register archives, enter the name Richard Hall and view the three hundred fifty some articles. Mr. Boychuck then posed the question as to where the Park was at that point, in 2000 Hall had taken over the Park and his representatives told the residents that they were going to turn the Park into a hotel, going to take down all of the old trailers and insist that the residents move, at that point the Park was no where, he would maintain that the Park would have moved on by now and the one hundred twenty -six families that live there would have been out, including the enormous demographics of the Park, the young, the old and everyone in between. He mentioned that Mayor Campbell, Councilman Yost, and City staff participated in helping to secure the Park and the homes which is much appreciated, otherwise the Page Ten - City Council Minutes - April 26, 2004 residents would not now be there, the people being heard from now are a minority of the appreciation expressed, appreciation expressed also by the more than eighty -five signatures of Park residents in support of the bridge loan. With regard to ownership, Mr. Boychuck mentioned there is a Board called Seal Beach Affordable Housing Group and the Internal Revenue Service has approved the title transfer from Linc Housing to the new non - profit organization, the makeup of the Board is now two Park representatives, possibly three, three people from Linc Housing, and two persons from the community, and advised that Mayor Campbell did not appoint herself to that Board rather she was elected to the Board by the remainder of the Board. Mr. Boychuck commended the public service of Mayor Campbell over the past eleven years, stated that her expertise, networking and people skills are needed for the professional position of City Clerk, someone who works for the people and is enthusiastic for the best City possible, and reminded that members of the City Council realize only a small stipend for their services as members of the Council and thanked them for their volunteerism, if it were not for the Council this City would not be what it is. Mr. Boychuck urged the residents to vote on May 11th, and voiced support for Campbell for City Clerk. Mr. Don Campbell, Jr. stated that the amount of time and sacrifice that his mother has given to this City and spending the time to see that things are done correctly is amazing, one does not see that in politicians these days, she has helped to keep people's homes, tried to oversee that development did not become exaggerated, and commended his mother, Mayor Campbell, for having done a great job. Mr. Nick Reenie, Seal Beach, said the City Clerk election brings forth an important issue inasmuch he foresees a problem in the future because of this election, an example would be that in the past when the City made the mistake of hiring the wrong City Manager it has cost the City more money and taxes, wrong lawyers have cost the City money when it paid for services the City did not want, someone complained about paying the Police Department too much yet it was just stated by the Chief that Seal Beach has one of the lowest crime rates, that is because there are qualified police officers that the City has put money forth to pay for, the Manager that Mayor Campbell helped to retain has saved the City millions of dollars, even if he were paid half of the money he saved the City would still be ahead with a fifty percent profit, the City gets what it pays for, when mistakes are made and people are hired that are not competent in the rolls that they are elected or hired to the City and the citizens pay dearly for those mistakes. Mr. Reenie made a comparison of the qualifications of the City Clerk candidates, one has a Bachelor of Science degree in Business, Business Administration, and Accounting, a Masters in Business Administration, and teaches business at the college level, the other candidate was a secretary some seven years ago, served on the a school board for one year, the City Clerk must implement the mandates and policies of the City Council, one who knows how to make policy and evaluate a City Clerk is in the best position to know what it takes to be a City Clerk, the Mayor has worked for the City in a volunteer position for more than eleven years and a � Page Eleven - City Council Minutes - April 26, 2004 has communicated with outside agencies therefore knows what it takes to be a good Clerk, know the community, the citizens, and persons in key positions so that they can work with them. There being no further comments, Mayor Campbell declared Oral Communications closed. CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. COUNCIL COMMENTS Councilman Larson mentioned that this is the last meeting before the upcoming City election, and pointed out that meetings are for the purpose of carrying out City government business, should not be used for political candidacy, this meeting has gone for an hour and a half with no consideration of City business, that is now past, however between now and the next election in two years policies should be established that will allow the Mayor to • control the meeting, not permit political speeches, allow the Council to do what they have been elected to do which is to carry out the business of the City, it is a difficult situation for the Mayor and the Council, the Council is not taking the side of candidates, it must work with whomever is elected. Councilman Yost offered that he too has traditionally stayed away from endorsements for the same reasons as he must work with whomever is elected, he has stayed out of this election, will continue to do so, his belief is that serves his constituency the best way possible. For information of the community, Councilman Yost mentioned some of the things that have been accomplished thus far relating to water quality, likely the most important on a long range basis was the Orange County Sanitation District waiver which allowed the discharge of raw sewage directly into the ocean, Seal Beach was the first city to take a formal position against that waiver, after taking that position other cities joined and the Sanitation District was forced into a long range position to do full terciary treatment of the sewage, that was a big step. towards water quality that was first supported by this City. Secondly, all of the storm drains in Sea -1 Beach now have grates, there is now a plan to do a slow flow diversion at the West End Pump Station so that in dry times there is no direct pumping of runoff into the River, with regard to the Rivers and Mountains Conservancy, an agency developed to obtain public land within the San Gabriel and Lower Los Angeles River, it is responsible for most of the environmental legislation that was included in the Bill that created the Conservancy, also, the Chamber of Commerce of recent years sponsored water quality issues at every event that took place whether it be the Sand Castle Festival or whatever, there were monthly beach and Riverbed cleanups, it is hoped that the new leadership of the Chamber takes on these efforts as did the prior leadership as that has really made a difference in terms of how clean the beach is and the general feeling with regard to keeping the beach clean. These are just some of the things that have been done regarding water quality, a difference has been made and needs to be continuous, the beach is a most Page Twelve - City Council Minutes - April 26, 2004 prescious resource of the City. With regard to comments relating to salaries, Councilman Yost noted that the City employees are a most valued commodity, if they are not treated well the City would not be•able to recruit other high quality employees, this is particularly important with the Police Department, the City has its own Police Department that provides excellent customer service for the City, to that he posed the question if the City could not have given them a raise, the answer was maybe, would that have been the right thing to do, in his opinion it would not have been, they need to be rewarded for their service, if that is not the case his belief is that it will not be a reasonable Police Department nor be able to recruit or maintain the employees. As to the mention of Seal Beach Boulevard, Councilman Yost stated that the City needs to augment the commercial areas any way possible, that is one way that revenue can be generated which is one percent of the retail sales tax, the Seal Beach Boulevard area is now mixed use, he is not certain that the existing commercial interests are being supported, and inquired of the Council how those commercial interests can best be supported, would • it be possible to provide them with more temporary parking, when he travels the Boulevard there are a number of cars however it is uncertain if the parking spaces are being utilized by customers of the businesses or by residents of the immediately adjacent area. A question too is whether thirty -five miles an hour is an appropriate speed for that street, also when personnel leave the Naval Weapons Station they cross at the exit and inquired if a crosswalk at that location might be a rational addition. Councilman Antos mentioned that later in the meeting the Council would be dealing with amendments to the City's Municipal Code, however would request concurrence from the Council to request staff to research basing the minimum business license on gross receipts, an example is a business person who earns very little and it seems may be in an incorrect category for what his business is charged, at this point it appears that the City does not have a minimum business license based upon gross receipts. He mentioned also that there is a business license for persons owning commercial property, some of the store fronts on Main Street an example, and asked for Council concurrence to look into modifying that provision, there is an apartment business license whereby if there are so many units a license is required, less than those number of units does not, therefore would ask that staff look at developing a small business license for one or two unit properties. Councilman Antos mentioned the parking regulations within the Main Street Specific Plan, nothing in the Plan deals with free standing or monument signs, some businesses are set back from the Main Street frontage and it is difficult to have visibility from the Street as opposed to the buildings with zero setbacks, there are two properties in the 300 block that do not have Main Street frontage as well as two malls, there is one building in the 200 block, one mall in each of the 200 and 100 blocks, and asked the concurrence of Council to refer this matter to the Planning Commission to review the Main Street Specific Plan regulations to determine if there should be any changes made to the Specific Plan sign regulations to allow another type of signage in addition to the allowable building Page Thirteen - City Council Minutes - April 26, 2004 mounted signs, and since there was one recently put in without City approval he would ask that any Code enforcement be suspended until such time as the Planning Commission has an opportunity to review this matter and make a recommendation to the Council. With reference to the Car Show, Councilman Antos noted that there are some handicapped spaces at Main and Electric that did not contain cars on display however there were handicapped persons who were informed that they could not use those spaces or drop off passengers therefore one wheelchair person was dropped off in the street, another elderly person had to park on 15th Street and nearly became ill, in • his opinion if any handicapped spaces are available for any event they should not preclude people with handicapped stickers from using them. Mayor Campbell agreed that certain business licenses should be looked at, some people have been charged the annual $175 fee yet only earn about $600, there should be a threshold, it should not be based on age but the amount of money earned. Councilman Doane agreed, also noted that Councilmen Larson and Yost had addressed the issues he was going to comment on. In response to public comments, Mayor Campbell mentioned that street sweeping is currently twice monthly, a proposition was presented to the voters to again provide once a week sweeping however it failed. She said the vote was not specifically known by area because it was on a per parcel basis however her feedback from the residents would lead one to believe that it passed in College Park East, her feeling is that that was due to getting information to her residents, they understood it, the cost would have been $17.50 per year, many voted against it in that they felt it was a tax increase. With reference to the Trailer Park, Mayor Campbell explained that the title is going to be transferred from Linc.Housing to the Seal Beach Affordable Housing Corporation and when the bonds are paid the Park will have control, can the residents have individual deeds to the plot of land upon which their home sits, the answer is no in that the City Code does not provide for that, the lots are too small to subdivide. As to her retirement, Mayor Campbell said she could work for the City another four years and added to her already eleven years and still not be eligible for retirement, also, she never used City letterhead for any campaign purpose. She recalled that at a point in time someone asked what she had done for Old Town, to that she noted that the Council is elected by district, typically does not interfere with the district of another member of the Council, if a call is received the recommendation is to speak to the Councilmember of that district, yet you support other members of the Council when there is an issue in their district, an example would be that Councilman Yost is on the Rivers and Mountains Conservancy, that is a League of Cities appointment, he was unable to attend their morning meetings therefore she attended for him to assure that the City had that Conservancy seat, it is important for this City to make certain that Seal Beach has representation on that Board, it is important that the City have a representative on the Sanitation District Board, it is important that the beach be kept clean and not polluted from what was being pumped into the ocean off of Huntington Beach, that waiver has not been renewed. She stated. that she has supported the whole Page Fourteen - City Council Minutes - April 26, 2004 of the City and outside the City and getting things for Seal Beach, conversely, what has Old Town done for College Park East, Leisure World or the Hill, the members of the Council work within their own district yet support other Councilmembers. Mayor Campbell pointed out that this is the last meeting prior to the election, the May 10th meeting will be canceled, there will be a meeting on May 18th to administer oaths of office, therefore this is the closing of an era for Joanne Yeo the Seal Beach City Clerk for twenty -four years, having worked for the City for more than thirty -four years, Ms. Yeo ran the office of the City Clerk with the highest standard of integrity, she will not be leaving immediately as she will remain to transition the City Clerk, she is wished well, and there will be a retirement gathering in May. Mayor Campbell offered her appreciation to the residents of College Park East as this is her last regular Council meeting as well, a thank you for allowing her to represent them on the City Council and commissions on which she has served, a thank you to those who she had the opportunity to appoint to various City boards, appreciation to everyone at City Hall as she is aware of how hard those employees work, they are to be commended for their dedication, and last but not least appreciation to her family for their support and putting up with what it takes to be on Council. Mayor Campbell reminded of the election on May llth for City Clerk to succeed City Clerk Yeo, for which she is a candidate. Councilman Yost requested the opportunity to remove Items "P" and "T" from the Consent Calendar for separate consideration. Doane moved, second by Antos, to reconsider the approval of the order of the agenda. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried Yost moved, second by Larson, to remove Items "P" and "T" from the Consent Calendar. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:57 p.m. The Council reconvened at 9:12 p.m. with Mayor Campbell calling the meeting to order. Mayor Campbell requested that Item "FF ", the canine use of Arbor Park, be moved forward for consideration at this time. Larson moved, second by Yost, to reconsider the order of the agenda. AYES: Antos, Campbell, Doane, Larson Yost NOES: None Motion carried Campbell moved, second by Larson, to consider Item "FF" at this time. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried Page Fifteen - City Council Minutes - April 26, 2004 RESOLUTION NUMBER 5232 / ORDINANCE NUMBER 1523 - CANINE USE AREA - ARBOR PARK The Director of Public Works presented the staff report, noted that this process started in March of 2003 at which time a group approached the City with regard to establishing a dog park in the vicinity of College Park East, that was followed by a community meeting held in October, the issue was then presented to the Council and a public hearing held in December at which time a temporary dog park facility was approved. The Director reported that this matter has been considered by the Recreation and Parks Commission, their recommendation has been forwarded to Council, the request of staff is for a budget amendment for the permanent installation of a fence, adoption of an Ordinance designating the area as a dog park, and adjustment of fees to cover dog park related costs. The Director mentioned that staff has met with the dog park action group with regard to the Ordinance proposed and they have requested three changes relating to collars, digging of holes, and the definition of a chaperone. The City Attorney confirmed that staff met with the representative of the action group and is now prepared to recommend three changes to the draft Ordinance, to Section 1, Code Section 7.05.120 A, language added to read for purposes of this Section, to chaperone a dog means a responsible adult is inside the dog park and in control of the dog at all times', at the end of Section 1 where there are subsections "N, 0, and P ", add a new subsection "P" and a "Q ", the existing subsection "P" to then be relettered as "R ", the new subsection "P" to read 'Hazardous Collars, for the safety of all dogs spike collars, pinch collars, and choke chains are not permitted', and subsection "Q" would read 'responsible adults must not allow their dogs to dig holes.' Mayor Campbell made reference to the definition of "responsible adult" which is generally implied, and set forth in the Ordinance, to be someone eighteen years of age or over, yet quite often she sees teens walking dogs, is the intent to not have someone sixteen or older at the park with their dog, and if so will that be posted. The City Manager explained it is believed that that was a request of the Dog Park Action Committee, and all rules will be posted. Mr. Glen Rabenn, Chair of the Arbor Dog Park Action Committee, recalled that he and many others addressed the Council in December with regard to a dog park at which time the Council approved the park on a provisional basis, people are now present to express appreciation for that action, the park is everything that it had been hoped it would be, it has become a special place where people from Seal Beach and surrounding areas can come on a daily basis, a place where people are just happy to be, without the action of the Council that would not have been possible, and expressed specific thanks to Mr. Eagle, Mr. Dancs, the City Manager, and Mayor Campbell, the audience then stood to show their appreciation. Mr. Rabenn noted that the rules drafted by the City are good, it is felt they will assure that this is a facility that the City can be proud of, a place where people, children, and dogs can be safe, they look forward to this being a permanent facility in the City and that every dog owner can come an enjoy it. The Page Sixteen - City Council Minutes - -April 26, 2004 Manager offered that one of the fund raising possibilities mentioned had been a soft drink vending machine in the park, and sought comments to that from the Council inasmuch as that has never been done before. Councilman Yost said his preference would be to forward that matter to the Recreation and Parks Commission for consideration as there are issues on both sides, and there was an indicated concurrence by the members of the Council. Councilman Yost asked if there have been any complaints relating to the dog park and if there have been any difficulties with interacting with the other uses of the park, to that the Public Works Director responded that most comments to date have been positive, there have been some suggestions from the Police Department and Animal Services, to his knowledge there have been no negative comments nor interaction difficulties. Councilman Doane noted he was somewhat surprised with the choke chain matter and having raised German Shepherd dogs for over twenty years, stated that they are not cruel, the chain hangs loosely on the dog until it misbehaves. The City Manager explained that while in the park dogs often play and wrestle where they could get tangled, wearing such devices outside the park is different, a suggestion was made to just take those types of collars off when entering the dog park. With regard to enforcement of the rules, the Manager explained that it is hoped that a number of the rules will be self - policed, such as the pickup of waste, keeping the gate closed, he has talked to the dog park group about that, and Animal Control will do spot checks on the park, the intent is to make this a park where the users police themselves. Mayor Campbell introduced her dog Cocoa. Councilman Larson noted that based upon the staff report it appears that Seal Beach is a good neighbor in that the majority of people using this park at present do not live in Seal Beach, evidently no other city in the area has such a facility. Doane moved, second by Campbell, to adopt Resolution Number 5232 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFONRIA, AUTHORIZING A BUDGET AMENDMENT, - NO. 04-27, TO CONSTRUCT A PERMANENT CANINE USE AREA AT ARBOR PARK." By unanimous consent, full reading of Resolution Number 5232 was waived. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried Mayor Campbell moved to direct the Director of Administrative Service to include in the upcoming comprehensive fee resolution an adjustment in the resident dog license fee and establish a non - resident yearly use permit fee to offset the costs of the improvements. Councilman Larson seconded the motion. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried Doane moved, second by Antos, to approve the introduction of Ordinance Number 1523, as amended, entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING SECTION 7.05.120 TO THE SEAL BEACH MUNICIPAL CODE DESIGNATING CERTAIN PROPERTY AS A DOG PARK AND ESTABLISHING PERMISSIBLE USES OF Page Seventeen - City Council Minutes - April 26, 2004 • THE DOG PARK." By unanimous consent, full reading of Ordinance Number 1523 was waived. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried The City Attorney advised that Ordinance Number 1523 as revised will become effective thirty days after the second reading. ORANGE COUNTY REGIONAL AIRPORT AUTHORITY - STATUS REPORT Mayor Campbell noted her interest in airport issues, she has served as the City's representative on the Orange County Regional Airport Authority, also elected to the Airport Land use Commission, her desire was to be in a place to protect the Armed Forces Joint Training Base and the Seal Beach Naval Weapons Station from any possible intrusion in that they need to be kept as military facilities, as a member of OCRAA the mission was to find an alternate location for John Wayne Airport. Her interest in using El Toro as an airport is so that there is no consideration of Los Alamitos or the Weapons Station as an airport, it does not look good for getting El Toro yet until the title transfers there is always a chance, however the City must remain vigilant because South County knows that they need an airport and will try to get one here. Mayor Campbell mentioned having spoken to Senator Boxer some weeks ago, informed her that there are those in and from South County that are working towards getting the Los Alamitos and Naval Weapons Station on the BRAC list for 2005, if there was an airport use here that would ruin Seal Beach, the person in Washington, D. C. is Christopher Cox who has passed the word that any Republican that attempts to carry legislation to make El Toro an airport use will be stripped of their committee memberships. Mayor Campbell emphasized that being on OCRAA is critical to staying on top of what happens to the two local bases, she has been the only person on this Council who has had dedication to this issue, she would hope that when the Mayoral appointments are made that someone will accept that position, some cities appoint a citizen representative, and offered her services if that were the desire of Council. Mayor Campbell mentioned that a $500 per month fee has been requested by OCRAA which can be considered during the budget considerations, once the El Toro title is transferred then the usefulness of OCRAA may just fade away. CONSENT CALENDAR - ITEMS "F" thru "DD" Doane moved, second by Antos, to approve the recommended action for items on the Consent Calendar as presented, except for Items "L, M, P, T, AA, and DD" removed for separate consideration. F. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. Page Eighteen - City Council Minutes - April 26, 2004 G. Approved the minutes of the March 22nd, 2004 regular meeting and March 31, 2004 regular adjourned meeting. H. Canceled the regular City Council meeting of May 10th, 2004. I. Approved regular demands numbered 45715 through 46110 in the amount of $2,613,550.02, ADP payroll checks numbered 9051311 through 9051376 in the amount of $166,312.27, checks numbered 9281365 through 9281435 in the amount of $164,332.98, and checks numbered 9550337 through 9550405 in the amount of $171,234.97, and authorized warrants to be drawn on the Treasury for same. J. Received and filed the Monthly Investment Report for March, 2004. K. Approved the sale of surplus property at auction, a 1973 Forklift and 1994 Dodge Dakota. N. Proposals were received until April 8th, 2004 at 3:00 p.m. for Janitorial Maintenance Services at which time they were publicly opened by the City Clerk as follows: Coastal Building Services, Inc. $ 84,512.00 The Resource Collection $ 95,783.00 S & S Building Maintenance, Inc. $102,012.00' Royal Crest Building Maintenance $115,170.00 Star Building Maintenance $130,006.20 Awarded the contract for Janitorial Maintenance Services to Coastal Building Services, Inc., the lowest responsible bidder, in the amount of $120,000, $84,512.00 base bid, $30,000 for estimated paper goods, and a five percent contingency for special /extra cleanings, and authorized the City Manager to execute the contract on behalf of the City. 0. Bids were received'until April 19th, 2004 at 2:30 p.m. for Street Sweeping Services at which time they were publicly opened by the City Clerk as follows: R. F. Dickson Co., Inc. $54,517.02 Clean Street $80,768.12 Nationwide Environmental Service $99,535.68 Awarded the contract for Street Sweeping Services to R. B. Dickson Co., Inc., the lowest responsible bidder, in the amount of $54,517.02 and authorized the City Manager to execute the contract on behalf of the City. Page Nineteen - City Council Minutes - April 26, 2004 Q. Adopted Resolution Number 5228 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING SALARY FOR THE POSITION OF PART -TIME EQUIPMENT OPERATOR." By unanimous consent, full reading of Resolution Number 5228 was waived. R. Awarded a Professional Services Agreement for a Comprehensive Water System Vulnerability Assessment, as required by the Bioterrorism Act, to Risk Management Professionals in the amount of $15,000, and authorized the City Manager to execute said Agreement on behalf of the City. S. Bids were received until April 5, 2004 at 11:00 a.m. for Annual Sewerline Cleaning at which time they were publicly opened by the City Clerk as follows: National Plant Services $ 84,940.00 Empire Pipe Cleaning and Equipment $ 89,800.00 United Storm Water, Inc. $156,186.00 Awarded the contract for the Annual Sewerline Cleaning to National Plant Services, the lowest responsible bidder, in the amount of $84,940.00, and authorized the City Manager to execute the contract on behalf of the City. U. Authorized the continuance of the term of the current maintenance contract for City traffic signals with Signal Maintenance, Inc. for a term of three years, May 1, 2004 through June 30, 2007, and authorized the City Manager to execute the contract on behalf of the City. V. Bids were received until April 15th at 10:00 a.m. for the Annual Concrete Rehabilitation Project, Fiscal Year 2003/2004, Project 50178, at which time bids were publicly opened by the City Clerk as follows: Inspection Engineering Construction, Inc. $40,194.00 FS Construction $49,700.00 International Pavement Solutions $55,950.00 West Coast Concrete Cutting $59,550.00 Damon Construction Co. $71,500.00 LH Engineering Co. $77,660.00 EBS, Inc. $86,990.00 Nobest, Inc. $88,000.00 Rejected the lowest bid on the grounds it was non - responsive, awarded the construction contract for the Annual Concrete Rehabilitation Project, FY 2003/2004, Project No. 50178, to the lowest responsible bidder, FS Construction, in the amount of $49,700.00, and authorized the 1 , Page Twenty - City Council Minutes - April 26, 2004 City Manager to execute the agreement on behalf of the City. W. Adopted Resolution Number 5229 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING LOT LINE ADJUSTMENT NO. LL 04 -01 FOR PARCEL 1 AND PARCEL 2, ALSO KNOWN AS 231 SEAL BEACH BOULEVARD." By unanimous consent, full reading of Resolution Number 5229 was waived. X. Approved the proposal of MuniFinancial for Special District Administration of Surfside Colony Assessment District No. 2000 -1 for fiscal years 2004/2005 and 2005/2006. Y. Approved the proposal of MuniFinancial for Special District Administration of the Street Lighting Maintenance District No. 1 for fiscal years 2004/2005 and 2005/2006. Z. Approved the proposal of MuniFinancial for Special District Administration of the Community Facilities District No. 2002 -02, Seal Beach Boulevard /Lampson Avenue Landscape Maintenance, for fiscal years 2004/2005 and 2005/2006. BB. Adopted Resolution Number 5231 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING SECTION 12(A) OF RESOLUTION NO. 4186, REGARDING THE REGULAR MEETING DAY FOR THE ARCHAEOLOGICAL ADVISORY COMMITTEE." By unanimous consent, full reading of Resolution Number 5231 was waived. CC. Received and filed the status report of AB 1970, a proposed exemption of Seal Beach from the obligation of meeting regional affordable housing needs, the Bill placed in suspension at this time. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "L" - RESOLUTION NUMBER 5226 - MEMORANDUM OF UNDERSTANDING - POLICE MANAGEMENT ASSOCIATION EMPLOYEES Councilman Antos stated that he removed Items "L" and "M" in that it is his belief that because none of the other employee groups were provided with a salary increase these should have been held over until the Police Study was completed and the budget brought forth for consideration, therefore he will vote against Items "L" and "M ". Mayor Campbell inquired as to when the other employees will be considered, the response was possibly June with the Orange County Employees group. To the inquiry as to when the Police contract expired, the response was 2003. Page Twenty -one - City Council Minutes - April 26, 2004 Doane moved, second by Larson, to adopt Resolution Number 5226 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING REVISIONS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE POLICE MANAGEMENT ASSOCIATION AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 5226 was waived. Mayor Campbell stated that since she will no longer be on the City Council she would abstain from voting on this Item and Item "M ". AYES: Doane, Larson, Yost NOES: Antos ABSTAIN: Campbell Motion carried ITEM "M" - RESOLUTION NUMBER 5227 - MEMORANDUM OF UNDERSTANDING - POLICE OFFICERS ASSOCIATION EMPLOYEES Larson moved, second by Doane, to adopt Resolution Number 5227 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING REVISIONS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE POLICE OFFICER'S ASSOCIATION AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 5227 was waived. AYES: Doane, Larson, Yost NOES: Antos ABSTAIN: Campbell Motion carried ITEM "P" - MAIN STREET - STREET LIGHTS Councilman Yost stated that after speaking with the City • Manager he would now move to receive and file the information memorandum relating to the replacement of ten existing steel light poles in the 200 block of Main Street with new concrete marbelit poles at no cost to the City. Councilman Larson seconded the motion. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ITEM "P" - VEHICLE WASH RACK - PUBLIC WORKS YARD - PURCHASE ORDER Councilman Yost noted that this item is another water quality issue in addition to best management practices and measures, said he was alerted by the company name, Hotsy, and wanted assurance that they are a qualified bonded company. The Public Works Director assured that it is a qualified company, and noted that there are not many companies that provide this type of unit. Councilman Doane mentioned that the reason he pulled this item was that members of the public have commented about the washing of Police cars, and inquired if this equipment would make it feasible for the Police vehicles to be washed at the Public Works Yard. The City Manager responded that this is a wash rack for heavy equipment such as backhoes, dump trucks, etc., this equipment is not for inside vehicle cleaning, Police vehicles must be cleaned outside and inside. Doane moved, second by Yost, to approved the award of the purchase order contract to Hotsy of Southern California for the purchase of a vehicle wash rack in the amount of $64,783.30, and authorized the City Manager to execute the contract on behalf of the City. Page Twenty -Two - City Council Minutes - April 26, 2004 AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ITEM "AA" - RESOLUTION NUMBER 5230 - POSITION CLASSIFICATION PLAN AMENDMENT /SALARY - SENIOR PLANNER POSITION Councilman Antos offered his opinion that this matter should be a consideration during the annual budget workshops and review, suggesting that it be held over. Councilman Yost said he was somewhat supportive of that if positions are going to be altered, however expressed his appreciation for the work that comes forth from the employees of that Department. Mayor Campbell inquired if this adds a position or is a change of position. The City Manager explained that this merely creates a classification, it does not add a position, discussion of any financial impact would take place during budget considerations, this action only establishes the classification and a salary range. Doane moved, second by Larson, to adopt Resolution Number 5230 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE POSITION OF SENIOR PLANNER." By unanimous consent, full reading of Resolution Number 5230 was waived. • The City Attorney recommended an amendment to the Resolution, the Resolved clause to read 'that the City Council of the City of Seal Beach hereby amends the Position Classification Plan to include the position of Senior Planner, and sets wages and benefits as follows', the range recital set forth under the third Whereas paragraph should also be included under the Resolve clause. In response to Councilman Yost as to the rationale for this proposal, the Manager responded that the City maintains employee classifications, many of which are not filled, there are various ranges of classifications in the departments, noted that there are only a few ways that employees can be rewarded for their work, one would be to move them up through the ranks, this gives an option with regard to retaining and recruiting, staff would recommend the Senior Planner amendment, and should the need arise this would allow the option to retain a person at a more journeyman level from the standpoint of experience, a recruitment could not be done until such time as the position is in place, a decision to fill the position or establish a salary is a budgetary decision. AYES: Doane, Larson, Yost NOES: Antos ABSTAIN: Campbell Motion carried ITEM "DD" - ENVIRONMENTAL QUALITY CONTROL BOARD COMMUNICATION - EIR NOTICE OF PREPARATION - LONG BEACH HOME DEPOT PROJECT Mayor Campbell mentioned that at times projects are proposed to be built on land that is not realistic, in this case the project is proposed in the vicinity of Studebaker Road and Loynes Drive, the land is continuously subsiding, the road is constantly being repaired, to put a building there makes no sense. Councilman Doane said there is also a nature preserve similar to that on the Naval Weapons Page Twenty -three - City Council Minutes - April 26, 2004 Station. The Planning Director clarified that the actual location is on the east side of Studebaker Road between the two power plant discharge channels in an area that is now part of the tank farm, it is not proposed for the westerly side of Studebaker, the communication under consideration relates to a Notice of Preparation for an EIR, the letter sets forth issues that is felt that the City of Long Beach needs to evaluate in their Draft EIR, when that is issued it will be considered by the EQCB and City Council for a formal letter as to the impacts of the project. He explained that when an application is submitted to a city it must be processed pursuant to State law whether the proposal is liked or not. Question was asked if this is the same site that was being considered for the desalination facility, the response was that it is not, it is a separate location within the Haynes Power Plant area. Doane moved, second by Campbell, to receive and file the EQCB comment letter. AYES: Antos, Campbell, Doane, Larson Yost NOES: None Motion carried It was noted on the agenda that the public hearing scheduled for this meeting relating to a Code amendment to reduce required side yard setbacks in residential housing zones that abut stub streets along the Gold Coast area of Ocean Avenue will be readvertised for the May 24th Council meeting. ORDINANCE NUMBER 1515 - ADOPTING MUNICIPAL CODE TITLES 1 THROUGH 9 The Development Services Director mentioned that this matter has been under consideration since 2001, a number of study sessions were held, Titles 1 through 9 are basically an update of language and format without major changes to the Code however with some exceptions. The Director explained that Ordinance Number 1515 was introduced in January, 2004, it was posted on the website as a side by side comparison for public information since February 10th, the comment period closed on April 6th, the comments were reviewed, those of any consequence seem to be from Edison and Verizon with regard to franchise provisions and with Title 9 relating to public works excavations, right -of- ways, permit requirements, etc. In response to Mayor Campbell, the Director advised that the utilities were not specifically notified that the proposed Titles were available on the website, it becomes an issue as to who is and is not going to be notified, it was not seen as being an issue because there are very few changes to regulations, rather a change to a different numbering format and making the language more easily understandable, it seems that their concerns are more specific to existing language provisions that have been carried over, those standards and operating procedures have been in place for years. The Assistant City Attorney said he would only add that some of the concerns that Edison and Verizon have raised with the Seal Beach Code update have also been raised with ordinances of other cities and their firm has dealt with both on those types of issues, therefore it is felt appropriate that the Council move forward with this ordinance and direct staff to continue to work with the Page Twenty -four - City Council Minutes - April 26, 2004 utility companies, put their concerns in writing, a meeting can be held with them to resolve the issues, and if necessary a cleanup ordinance could be prepared for Council consideration. Councilman Larson requested clarification, his understanding is that this merely brings the existing ordinances into the reformatted, renumbered Municipal Code, and with regard to the public utilities it is the same language as before. The Assistant Attorney responded that that is basically correct, the new Code however is not verbatim of the old Code because in a number of areas it was difficult to understand, the subjects are generally the same. Councilman Larson offered that if the City were to accept the request of the utility companies and not adopt the new Title as presented, then the old language would still be in effect, it would not be repealed it would simply be the same language, that would mean staff would still need to revise the language as the utilities do not like the existing language either. The Director said he was not certain that all of the concerns of the utilities could be characterized, however staff feels that the issues can be resolved with them in a manner that everyone will be satisfied. Councilman Larson questioned why the utility companies would not want to adopt the new substantially same language knowing that the old language needs to be revised now that it has come to their attention. The Mayor offered that the City could approve the revised Titles 1 through 9 whereby it is then incumbent for the utilities to come back to the City, or if not approved then it becomes necessary for the City to seek out meetings with the utilities as soon as possible. Councilman Doane mentioned that if the proposed Ordinance is adopted it can always be amended. The City Manager noted that this project has been ongoing for two years, a great deal of staff time, it is known that there will be cleanup language, if the City waits for the utilities it will hold up the entire Code, staff does not want to print, bind, and distribute a final version with sections missing, this way the incentive is on the utility companies to resolve outstanding issues. Doane moved, second by Yost, to approve Ordinance Number 1515 entitled AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING BY REFERENCE TITLES 1 THROUGH 9 OF THE SEAL BEACH MUNICIPAL CODE (2004 EDITION)." By unanimous consent, full reading of Ordinance Number 1515 was waived. Councilman Antos mentioned that the May 10th meeting will be canceled therefore the Ordinance will not have second reading for approximately a month, that would give the City and utility companies time to meet and resolve the issues of concern. The Development Services Director clarified that Ordinance Number 1515 is presented for second reading, introduction was in January, if adopted Titles 1 through 9 will be in effect in thirty days. It was noted that the following item is an Ordinance for introduction amending Titles 5 and 9, and if there is agreement reached between the City and the utility companies the resolution of those issues will be brought to Council through a separate ordinance. The City Attorney read the title of the Ordinance once again. Page Twenty -five - City Council Minutes - April 26, 2004 AYES: Antos, Doane, Larson, Yost NOES: None ABSTAIN: Campbell Motion carried At the request of staff, it was the consensus of the Council to direct staff to meet with the utility companies as expeditiously as possible. ORDINANCE NUMBER 1524 - SEAL BEACH MUNICIPAL CODE - AMENDING TITLES 5 AND 9 The Development Services Director noted that the staff report basically addresses the amendments to Titles 5 and 9 based upon comments received during the public review process, most directed to business license issues from the public and the Finance Department, the Ordinance now contains a numbering of what is presently Code Chapter 5 relating to Building Department regulations, there is no substantial changes to the language of Chapter 5, it had been thought that the Building regulations would need to be amended by State Code approval first however the State has fallen behind in that process, at such time as the State takes action then the Building provisions will come before the Council, that is generally on a three year cycle. The City Attorney read the title of Ordinance Number 1524, "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING TITLES 5 AND 9 OF THE SEAL BEACH MUNICIPAL CODE." Antos moved, second by Yost, to approve the introduction of Ordinance Number 1524 as presented. By unanimous consent, full reading of Ordinance Number 1524 was waived. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried PLANNING COMMISSION REPORT - RECONSIDERATION - EXPANSION / ADDITIONS - NONCONFORMING RESIDENTIAL CONDOMINIUM PROPERTIES / CONDOMINIUM CONVERSION REGULATIONS The Director of Development Services reported that the issue of expansion and additions to nonconforming residential condominium properties and condominium conversion regulations came up at the time of the adoption of the now in effect ordinance regarding limiting the ability of persons who request expansion of nonconforming properties to just those properties that have a single residence on the lot, the Ordinance adopted March 8th and went into effect April 7th. The Director noted that after hearing public testimony at the March 8th meeting the Council referred the matter back to the Planning Commission to determine if there was any aspect of the matter that they wanted to look at once again, at the same time an issue was brought forth to them to consider changing the requirements on the conversion of existing apartments to condominiums that meet all City standards except for density, the Commission received the report, a copy of the Council minutes were included for their information, the Commission determination on both items was to make no changes to the Code at this time, should the desire of the Council be to reconsider this issue or just condominium uses if they meet all standards except for density then it would be appropriate to forward them a formal letter of Page Twenty -six - City Council Minutes - April 26, 2004 - direction, no Council action would basically be a concurrence with the Commission decision. Councilman Doane moved to receive and file the report, making no recommendation for changes. Councilman Antos seconded the motion. Councilman Larson noted his intent to vote in favor of the motion, however stated that he has read the report and watched the Commission meeting at which it seemed as if some of the Commissioners feel that a variance may be granted at whim, yet there are very specific legal findings that have to be made before a variance can be granted and in most cases should not be granted, his desire would be that staff and the City Attorney become more strict when variance applications are made, the nonconforming ordinance adopted was strict, will be difficult to enforce, yet the City can not grant variances to evade it. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried BUDGET WORKSHOPS 2004/2005 and 2005/2006 The City Manager mentioned that the preference of staff is always to commence budget workshops at the earliest possible. Councilman Yost stated that he will have a conflict with the June 14 through 18 dates. Councilman Larson expressed his feeling that the Council did an excellent job two years ago, however the same comments were heard for three days, nothing new was coming forth, therefore the last workshop was canceled and he has heard about it ever since. There was an indicated consensus that the budget workshops will commence on June 7th at 6:00 p.m. Councilman Antos noted that there have been a couple of things for which staff has been requested for budget consideration, one is the implications of reduction of the utility users tax, and there is a public works modified road improvement or rehabilitation method that the Public Works Department is researching for the purpose of totally rebuilding streets, he would like those to be available for the budget workshops. The City Manager responded that along with the proposed budget document the intent is to provide Council with a report showing the potential impacts of reducing the utility tax to six percent, that will be included in the budget message and the powerpoint presentation. Councilman Larson reminded that he had requested an equal division of improvements by Council district. Councilman Yost asked that the essential services of police, fire, and public safety, and the amounts of those resources be set forth by district as well. Councilman Doane said he would like to see the Transient Occupancy Tax placed on the November ballot with a clearer explanation of the purpose of that tax. Councilman Larson suggested that the Parking Meter Committee now be abolished, place it on an upcoming agenda. ADJOURNMENT The public was reminded that the May 10th meeting has been canceled, will be adjourned until May 18th, that meeting in turn will be adjourned until May 24th at 6:30 p.m. By Page Twenty -seven - City Council Minutes - April 26, 2004 unanimous consent, the meeting was adjourned in memory of Mrs. Elouise Shanks at 10:15 p.m. THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: Seal Beach, California May 18, 2004 The City Council of the City of Seal Beach met in regular adjourned session at 7:00 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Antos, Doane, Larson, Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Chief Sellers, Police Department Ms. Arends -King, Director of Administrative Services Mr. Vukojevic, Deputy City Engineer Ms. Yeo, City Clerk Mrs. Devine, City Clerk -Elect APPROVAL OF AGENDA Doane moved, second by Antos, to approve the order of the agenda as presented. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ORAL COMMUNICATIONS There were no Oral Communications. RESOLUTION NUMBR 5233 - DECLARING RESULTS - GENERAL MUNICIPAL ELECTION - MAY llth, 2004 Larson moved, second by Antos, to adopt Resolution Number 5233 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RECITING THE FACTS OF THE GENERAL (RUN -OFF) ELECTION HELD IN THE CITY OF SEAL BEACH ON THE 11TH DAY OF MAY, 2004, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS PROVIDED BY LAW." By unanimous consent, full reading of Resolution Number 5233 was waived. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried Mayor Campbell presented retiring City Clerk Joanne Yeo - with a bouquet of flowers and words of appreciation for her thirty -four years of service to the City, twenty -four of which she held the elective office of City Clerk. Mayor Campbell stated that it has been an honor and privilege to have worked for College Park East and the residents of Seal Beach, her eleven years of representation consisted of three years on the Planning Commission and eight as a member of the City Council, and expressed her pride for what has been accomplished for College Park East Page Two - City Council Minutes - May 18, 2004 and the community of Seal Beach. Mayor Campbell extended • her best wishes to those receiving their Oaths of Office, all having large tasks ahead. She mentioned that contrary to some opinions, members of the Council do much more than just attend Council meetings, each serves their residents, their district, the City, as well as being on boards and commissions outside the City. Some things that have been accomplished outside the City will be realized as long term benefits to the community, an example would be the accomplishment of stopping the Sanitation District waiver to pump partially treated sewage four miles off of Huntington Beach and now requires full secondary treatment, that was accomplished by a margin of one vote, is significant to Seal Beach as a beach city, and it was an honor to be the Seal Beach representative to the Sanitation District at the time of that vote, other accomplishments of significance is the dog park, saving the Trailer Park, and many others. Mayor Campbell also commended the City employees, wonderful people who are dedicated to making the City a better place. OATHS OF OFFICE DISTRICT TWO The City Clerk administered the Oath of Office to Mr. John Larson, member of the City Council representing District Two for the second full term of four years. Councilman Yost offered that politics is a funny thing, losing hurts worse than winning feels good, when one does something that people agree with they do not remember it as long as they do something that they do not agree with, as one goes on in politics an elected official likely angers everyone at least once and the people remember that more. To that he mentioned that during the eleven year service of Mrs. Campbell he knows that everything she has done was felt to be the right thing, to support the underdog and do the right thing. Councilman Yost presented Mayor Campbell with a commemorative plaque for her service as Mayor during this past year, a City plaque recognizing her eight years of City Council service, an engraved glass vase with flowers also commemorating her service, and extended his personal appreciation. Mayor and Councilmember Campbell expressed her appreciation and vacated her Council seat. DISTRICT FOUR The City Clerk administered the Oath of Office to Mr. Ray Ybaben, member of the City Council representing District Four for the full term of four years. Mr. Ybaben assumed his seat at the Council dais. Councilman Yost, as Mayor ProTem, assumed the conduct of the meeting. He welcomed Mr. Ybaben to one of the most challenging and interesting adventures ever. Mr. Ybaben stated that he was honored to be elected by District Four as their representative and a privilege to serve the City of Seal Beach, a resident of thirty -four years, in the past he has been active in the community however this raises it to a new level, the members of the Council would not be here if it were not for a lot of support, love, and work Page Three - City Council Minutes - May 18, 2004 from many people. Mr. Ybaben expressed appreciation to his wife and those who supported and assisted with his campaign, and pledged to work as hard and diligently as possible. Mayor ProTem Yost recognized City Clerk Yeo for her years of service, stated she has done her job with evenness, fairness, comprehensive knowledge of the law, part of her job is to keep the Council out of trouble, and presented Ms. Yeo with a City plaque and plant in recognition of her more than quarter century with the City. Joanne Yeo expressed appreciation to the community for allowing her to be their City Clerk since 1980, thanks to the former City Clerk Jody Weir who brought her into the office in November, 1970 with whom she worked until Ms. Weir left the office in 1980. Clerk Yeo offered that the office of City Clerk is quite challenging, the Clerk does a little of everything, learns from every situation and every day is different, she takes pride in what is felt has been a good job of keeping everything in that office neutral, she did not take sides, partake of political activities, in her mind that has been a benefit to the Office, and feels that will continue. She commended the many City staff people that she has had the opportunity to work with, incredibly awesome people who are so very good and work so hard, such a small stall yet have huge responsibilities and tasks, the City Attorney firm has always been wonderful, her job could not be done properly without them. Clerk Yeo offered her assistance to City Clerk -elect Devine for as long as she desires, and wished Mrs. Devine as pleasant a tenure as she has had. Clerk Yeo again thanked the community, as well as the City Hall neighborhood buddy Patches. CITY CLERK The City Clerk administered the Oath of Office to Linda Devine, the newly elected Seal Beach City Clerk, for the full term of four years. -City Clerk Devine expressed appreciation to Ms. Yeo for her assistance, thanked her husband, son, mother, and mother - in -law present in the audience, supportive friends, the voters of Seal Beach who placed their confidence in her, and stated she would not let them down. Clerk Devine took her seat at the desk of the City Clerk. CITY ATTORNEY REPORT The City Attorney said other than welcoming the new elected officials he had nothing further to report. CITY MANAGER REPORT The City Manager read in full a communication from Councilman Doane tendering his resignation from the Seal Beach City Council effective Monday, May 24th at 11:00 p.m., citing advancing years and declining health for his decision. The communication of Councilman Doane, in part, stated that by giving advance notice it is hoped that selection of his replacement will be a smooth transition, and if a selection can be made within thirty days of May 24th that will avoid the expense of a special election, as Page Four - City Council Minutes - May 18, 2044 has been done three times since 1991. The City Manager stated that a staff report will be provided the Council on May 24th outlining steps and options for consideration. COUNCIL COMMENTS Councilman Ybaben said he regretted hearing the news of the resignation of Councilman Doane. Councilman Antos concurred. Mayor ProTem Yost stated he would miss Councilman Doane. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, May 24th at 6:30 p.m. By unanimous consent, the meeting was adjourned at approximately 7:40 p.m. THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: Seal Beach, California June 21, 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 Chief Sellers, Police Department Mrs. Devine, City Clerk ORAL COMMUNICTIONS There were no public comments. INTERVIEWS AND DELIBERATION — CITY COUNCIL CANDIDATES — DISTRICT FIVE Mayor Yost thanked all of the candidates for submitting their letter of interest for the vacant Council seat of District Five. The Mayor explained that each candidate would have an opportunity for a two- minute opening statement, approximately twenty minutes of questions from the Council, followed by a two minute closing statement, and in the interest of fairness those candidates not being interviewed will wait in the City Manager's conference room. The order of interviews was selected by a random drawing, Ms. Anne Seifert, Mr. Phil Ladner, Mr. Mike Levitt, and Mr. Edmund Loritz. Mayor Yost said upon completion of the interviews the Council will deliberate and possibly reach a consensus as to who will fill the remaining two year term for the Council seat in District Five, all to take place in open session. Mayor Yost offered that it would be good to have the same candidate interest when this Council seat comes up for election in 2006. MS. ANNE SEIFERT Opening Statement — Has a PHD in Epidemiology from the University of California School of Public Health at • Berkeley and a Masters Degree in Experimental Psychology at Smith College. Worked in research at Harvard University in Public Health, Data Manager for the San Francisco Bay area Comprehensive Health Planning Council, Evaluation Analysis for the County of Marin. From 1996 to 1999 was elected to the National Board of Directors of the Screen Actors Guild with a budget of $50 million a year and membership of 20,000 nationwide. Ms. Seifert believes she can bring a wealth of experience in working with others and can contribute to those in District Five. Question — How long have you lived in Seal Beach? Answer — Bought in Leisure World in 1997, seven years, have two homes, lives in Leisure World and weekends in the City of Del Mar. • Page Two - City Council Minutes - June 21, 2004 Question — How have you been involved in activities in Leisure World in relationship to the City? Answer — Active in the theater club, presently involved as a mini - farmer, active in the open forum. Her husband, mother, and aunt also live in Leisure World and are very active. Attended several mutual meetings but have not been active politically, just recreationally. Question — Have you been a registered voter for a period of time? Answer — Yes, when she bought a home in Leisure World. Worked in Los Angeles and went to Del Mar on the weekends for 5 years, then moved to Seal Beach, in 2002 bought in the Cove's and use it for an office and entertaining. Question — What are the three biggest challenges facing Seal Beach in the next year? Answer — Budget, budget, budget. If the City could figure out it's budget and revenue so it does not have the concern about income then most of the problems would have solutions. Other concerns are the decaying infrastructure, streets and sidewalks. With her experience in environmental health science, is concerned about the environmental water quality and a clean beach. Question — What organizations have you been a part of where you were involved in a leadership role, dealing with budgets, etc., a decision - making role? Answer — Most hands -on experience was a co- investigator at the Institute for Health Research, Screen Actors Guild had much larger budget, and in charge of the National Institute for Health grants to study 2,000 people, budget of $750,000. Leadership, very successful with the Smith College clubs, president of two clubs and now appointed Southern California Regional coordinator for those clubs to make sure alumni are getting together organizationally and stay in touch with the college. Generally have risen to vice - president or president of organizations. Provided an addendum to her resume. Question — What do you see for the future of Seal Beach, ten to fifteen years from now? Answer — Would like to see a clean beach, the City is so spectacular and has charm and beauty, would like to see a beautiful clean ocean, underground utilities or an alternative of using lasers for the future. Would like to see a healthy budget where enough revenue is coming in to not worry about maintenance and expenses, would like to see a very active and happy residential population where the people are pleased with the way the City conducts business, and happy with how they get their permits for whatever construction they have to do, and feel this is a welcome, happy place to be. Question — Have you held a public elected office and what is your understanding of financial disclosure as a public official? Answer — Had the experience of being on the board for SCAG, the closest to being a public official was being a representative on the Torrey Pines Planning Council which Page Three - City Council Minutes - June 21, 2004 was a suburb of the City of San Diego, job was to convey what the people from her neighborhood wanted during development in the Del Mar area. Question — Do you have a problem revealing your income and personal financial detail? Have you been in a position where people yell at you and how do you fit in where people are not getting along? Answer — No problem revealing income, wish there was more to disclose. Have been fortunate where people have not been furious but have been in situations where people have been vitriolic and the way to deal with that is to be very quiet, you can not argue with people who are out of control, prides self of being a good listener, believes this is very important for someone on the Council. Will try very best to listen. • Question — What are your thoughts about the parking meter issue? Answer — Can see both sides, but in the same token the part of Seal Beach that attracts the people there are no parking meters and you can park and not be penalized while you shop. Realize that Council needs ways to raise money. Question — Why would you be the best choice in this selection process? Answer — Am a very good person, capable, honest, and the research background will be very helpful. Have learned to be objective, weigh the pros and cons, do the research, get the background, get the information, and hope there is some logical outcome. Question — If you felt there are things the Council was doing wrong, how would you go about correcting them? Answer — Approach would be to try and support own view point, if did not agree with another member would study the issue and find a way to work with the other individual by building a case, present the case, make the argument, then let the chips fall where they may. Closing Statement — Ms. Seifert asked the Council to take a chance and appoint her, she stated she is a capable person with a demonstrated record, the minus would be that she is not known in previous political activities in Seal Beach but this is also a plus because she comes with no political baggage. She stated her strongest suit is her ability to work with a person regardless of political stance and is someone who thoroughly studies the issues. She said in her consulting business she dealt with difficult people, is an excellent problem solver, an idea person, is known to follow through, and asks a lot of questions. Ms. Seifert mentioned she has worked with government agencies, has the ability to listen, learn quickly, and bring new ideas. MR. PHIL LADNER Opening Statement — Thanked the Council for this opportunity, qualifications include being a successful business owner dealing with budgets, meeting payroll, and handling personnel problems. This experience has prepared him to serve on the City Council. Mr. Ladner pointed out that he has negotiating skills, budgetary skills, and � ` J Page Four - City Council Minutes - June 21, 2004 people skills. He understands budgets and is committed to a balanced budget, attended the City's budget workshops and • understands what the City is facing. The experience as a Seal Beach Planning Commissioner has prepared him to be a Councilman, understands the land use issues and consistently votes to maintain the quality life in Seal Beach. Being on the Planning Commission he has learned to work with his peers, deal with staff, and has been involved in public hearings where he has had to deal with the community, knowing that you can not please all the people all of the time but that you have to make decisions based on all the valid testimony. His record proves his ability to do the job on the City Council as well as understanding all of Seal Beach. Mr. Ladner stated that he has lived in Leisure World for seven years, is involved in clubs, he understands his community, their needs, and will be a good representative for District Five. Question — How long have you lived in Seal Beach and where did you live before that? Answer — Lived in Seal Beach seven years and before that in Placentia in Orange County. Question — How have you enjoyed being appointed to the position of Planning Commissioner? Answer — The three years has given him a lot of information about the City and he has gained knowledge and understanding of the needs of the whole City. Question — In general, how do you see the relationship between Leisure World and the rest of Seal Beach? Answer — The population in Leisure World only has to pay a monthly fee and everything is taken care of for the residents. More money should be spent for the needs of the rest of Seal Beach for things like infrastructure. Question — What goals would you set for yourself as a City Councilman and for the City? Answer — For the City the goal would be to balance the budget. For the City and for himself would be to improve the streets and still maintain a balanced budget. Question — What are your leadership skills and financial abilities and experiences? Answer — Worked in sales and management for a pharmaceutical firm for twenty years, after that owned a printing company in Brea for ten years, managed ten people, was responsible for most of the sales and a budget of about $450,000 annually. Was totally responsible for all of the duties of a small business owner. Question — Have you ever held any other elected or appointed office? Answer — In Leisure World he is a member of several clubs. While in Brea was actively involved with the Chamber of _ Commerce and was in charge of several committees. Question — How do you view the relationship between the local businesses and the City? How can the Chamber help? Answer — The Chamber in the City of Brea is larger and more active. Seal Beach Chamber needs to get a director that Page Five - City Council Minutes - June 21, 2004 would be more involved, work with the City and businesses more. The Chamber needs to be more active in helping new business owners. Question — What did you get out of the City's budget hearings? Answer — Could see that in some areas the money could be spent more wisely. Over all it was educational, appears there is definitely a need for more money for streets. Question — What would you change about the City Council meetings? Answer — Currently nothing, only have experience with Planning Commission meetings. The Council meetings appear to run the same, just want to do what is best for the community. Question — What would be your vision for Seal Beach some ten or fifteen years from now? Answer — First, if he is still here he would like to have a balanced budget and have streets repaired. Question — If you felt there are things that the City Council was doing wrong, how would you go about correcting them? Answer — Not being on the Council, stated he does not know what would need to be fixed, really has no answer to the question. Closing Statement — Feels he is uniquely qualified for the replacement of Councilman Doane. With his experience as a Planning Commissioner has worked with the staff and has worked well with the other Commissioners. Stated that by appointing Phil Ladner the City will get experience, honesty, and dedication. Further qualifications, been active in Seal Beach for the last three years and has lived in Leisure World for the past seven years, proud of the community and committed to its betterment. Qualified because professional life has given him the managerial and people skills needed to be a good Councilman representing District Five and the entire City. Also stated he believes in Seal Beach and its future while maintaining the quality of life for a small beach community and a balanced budget. MR. MIKE LEVITT Opening Statement — Is the appointee to the DWP Advisory Committee as the representative for Bill Doane, may not always agree with Mr. Doane but admire his dedication to the City and is prepared to provide the same degree of dedication. President of his Leisure World mutual and Director for several years, dealt with the concerns of those constituents, the same type of issues the Council deals with but on a smaller scale. Currently is the Operations Coordinator for Leisure World Emergency Operation Center, is the liaison contact person, if there is a need. Recently retired from the City of Los Angeles after a thirty -year career in Public and Government Relations working closely with elected officials from City Council to Congress, was a Director for several Chambers of Commerce dealing with budgets, was an editor of a newspaper, a law enforcement officer, a substitute teacher Page Six - City Council Minutes - June 21, 2004 in Long Beach, and is a writer /photographer. Has lived in Seal Beach since the seventies, his three children attended Los Alamitos schools where he and his wife were very active. Stated he has the desire, background, and qualification to be a City Councilman. Question — How long have you lived in Seal Beach? Answer — Have lived in Leisure World for seven years and prior to that about twenty -five years in College Park West. Question — How do you view the relationship between Leisure World and the rest of Seal Beach? Answer — Leisure World makes up about a third of the population and more than half of the voting population with definite opinions, needs are different from the rest of the City but should not require more than the rest of the City, an integral part, not a separate part, of Seal Beach. Question — What are the three things that are most important to Seal Beach in the next three to five years? Answer — The financial shortage, need to broker the right deal with Boeing, infrastructure is old and needs attention. Seal Beach is a small town and needs to be careful that it not become like other beach cities. Need to find a balance between growth that is necessary and the needed income without creating tax supported services to accommodate the growth. Question — Describe your responsibilities and work experiences for the City of Los Angeles. Answer — Started out young working way up the ladder. Worked for the Harbor department most of the time where he managed several employees and a budget of about $650,000. Question — What are your views about Seal Beach having their own Police Department? Answer — Spoke to a lot of people about the financial problems, one proposal was to contract for police services to the County Sheriffs, stated that he is against that, you need the police department that knows the City and community. Question — How do you think the City can grow? Answer — Seal Beach is a small city and the Hellman project is the last area to build, for tax revenue you need more businesses. It will take teamwork to come up with ideas, ask again a year from now. Question — How would you deal with angry people demanding their right to public speech? Answer — You sit down with them to find out what is the real problem and come up with a compromise. Have had experience in Leisure World, being on the DWP committee one could not make everyone happy. Question — Do you have any problems with personal financial disclosure or the Brown Act requirements? Answer — Have absolutely no problems with financial disclosure and currently deals with the Brown Act, open meetings. Page Seven - City Council Minutes - June 21, 2004 Question — If you felt there are things that the Council was doing wrong, how would you go about correcting them? Answer — It does not appear there is anything wrong. Everyone represents different areas, they should not feel the same otherwise they do not belong up there, the City needs different viewpoints. Question — What other qualities make you the best candidate for this office? Answer — Have worked with governments large and small, background experience, good education, and have done same kind of work on a smaller scale in Leisure World. Question — How do you view the relationship between the Chamber of Commerce and the City? Answer — The Chamber is there to support and benefit the business community, not tourism, a special events chairman can provide that service. The Chamber needs to concentrate on serving the needs of the businesses and bring in new businesses that will help the City. Question — With your thirty years experience in the City of Los Angeles could you bring yourself to discipline or fire someone working for the City of Seal Beach or would your sympathy be with the employee, although there are valid reasons for the action, and would you deal with the hiring freeze? Answer — The answer would be yes, if the person is hurting the department, division, or City they have no reason to be there, yet you cannot fire someone without following the proper channels. With a hiring freeze you have to keep the people and cut the hours or keep the hours and cut back on people, if you cannot make payroll you have no choice. Closing Statement — Seal Beach is unique, people are raised here then raise their families here, they care about how well the City is governed and what direction it is taking. Progress is important but growth can be a two -edged sword, tax support is necessary but increases in tax - supported services if uncontrolled can be devastating. Mr. Levitt reiterated that his qualifications, background, and experiences will make him a valuable team member of the Council. MR. EDMUND LORITZ Opening Statement — Has been a resident of Leisure World for approximately fifteen years before that he lived in Long Beach. Employed at Alamitos Bay, is familiar with this area and frequents the shops and restaurants, is an avid sailor and enjoys the area. Activities involve helping people who live in Leisure World, an old Chinese saying "First third of your life is learning, the second third is applying it, and the last third is giving back," he is in the last third of his life, giving back. On the Golden Rain Board to help residents understand how Leisure World works, this is a unique place to live with two layers of government. Being a volunteer he has made a lot of contacts with the residents and has learned what they want and need. He is also a docent in Los Alamitos. Page Eight - City Council Minutes - June 21, 2004 Question — What do you see is the relationship between Leisure World, as an organization, and the City? Answer — There are 6,600 units with 9,000 people who are isolated from the City. Not just the walls and fence, it is because the residents just do not come to the City, need to promote and encourage them to visit Old Town and enjoy the activities. Question — What are the top three issues facing Seal Beach in the next five years? Answer — The major issues are taxes, parking, and funding for the retirement of current employees. Question — Do you have any concerns about the Police Department's budgetary issues? Answer — The concern is, do we have enough funds to pay for their retirement. Question — Tell us more about your work background.and experiences with management, budget, etc. Answer — Sales manager /marketing director for a small hardware manufacturer. Had to deal with budgets, also had a different experience with the Golden Rain budget. Question — Do you have any problems with the financial disclosure requirements as an elected official? Answer — Fortunate enough not to have any concern about inquiries about his past or background. Question — How would you deal with constituents' freedom of speech rights? Answer — Being on the Golden Rain Board have had experience dealing with difficult people, if you have reasonable people, having reasonable ideas, you can work out a solution. Question — What would be your vision for Seal Beach in the next ten to fifteen years? Answer — Would like to keep it the same as it is now but rejuvenate some areas. Mr. Loritz stated he has seen the budget and realizes the streets need attention, there is a need to make Seal Beach inviting, and to preserve the history. Question — Why should you be selected for this position? Answer — With his training in sales, his ability to communicate, understanding people, has the energy and enthusiasm, and will research issues. Question — If you felt there are things that the Council was doing wrong, how would you go about correcting them? Answer — It would have to be discussed it in open meeting, you can come up with a solution if you are willing to analyze the problem. Closing Statement — Mr. Loritz stated that he has the time and energy to work with the Council and for the people, he would represent the individuals, find out their needs, and how best to address those needs, we are here to serve the people. The one problem is the process of learning all the Page Nine - City Council Minutes - June 21, 2004 • new things that are brought before you with little time to deliberate the issue. Would be an asset. Mayor Yost thanked all the applicants for submitting their letters of interest. Would be happy to have any of them represent him, and expressed his hope that they would all stay involved. Mayor Yost stated at this time each Councilmember would have the opportunity to make comments, after deliberation a motion maybe made to fill the District Five vacancy, the motion does not need a second, the nominee with the majority of votes will be appointed. Councilman Larson stated that past tradition has been that about fifty percent of the Planning Commissioners become City Councilmembers, the Planning Commission is a training ground to experience planning, zoning, etc. The choice is difficult, Ms. Seifert has a good background and inquisitive mind, Mr. Levitt has considerable government experience, and Mr. Loritz is very active in Leisure World, and invited comments from the other Councilmembers. Councilman Antos said he was impressed with all of the candidates and their wealth of experience and knowledge, they all came well prepared, it will be very difficult to make a choice. Councilman Ybaben stated it was interesting listening to all of them, they all came with different backgrounds. He said that he sorted Mr. Levitt out as his top choice with his previous experiences in the City of Los Angeles and his involvement in large organizations. Mr. Levitt also has the knowledge as to how governmental agencies work and will make an easy transition. Mayor Yost agreed that the Planning Commission is a great training ground to help with the understanding of how the Council works and to maintain the quality of life. He was impressed with Ms. Seifert as it appears she has the same views as he does about the community in a lot of areas yet needs to understand more about budget needs, Mr. Loritz understands Leisure World with his heart and soul, he was comfortable with the style and openness of Mr. Levitt and his understanding of the community. The Mayor said he would be happy to work with any of them, they all have strong points. At this time Mayor Yost asked for a nomination. Larson moved, to appoint Mr. Phil Ladner to the District Five Council vacant seat. AYES: Larson, Yost NOES: Antos, Ybaben VACANCY: One Motion failed Ybaben moved, to appoint Mike Levitt to fill the vacant District Five Council seat. AYES: Antos, Larson, Ybaben, Yost NOES: None VACANCY: One Motion carried • Page Ten - City Council Minutes - June 21, 2004 Larson moved, second by Antos, to adopt amended Resolution 5251 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPOINTING MICHAEL LEVITT TO FILL THE VACANT COUNCIL SEAT IN DISTRICT FIVE ". AYES: Antos, Larson, Ybaben, Yost NOES: None VACANCY: One Motion carried Mayor Yost announced that the swearing in of Mr. Levitt would be on Monday, June 28, 2004 at 5:00 p.m. He also requested to have a team building session scheduled. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until June 28, 2004 at 5:00 p.m. for the swearing of Mr. Levitt and to meet in Closed Session if deemed necessary. By unanimous consent the meeting was adjourned at 7:38 p.m. THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: Seal Beach, California June 28, 2004 The City Council of the City of Seal Beach met in regular adjourned session at 5:02 p.m. with Mayor Yost calling the meeting to order. 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. Dancs, Director of Public Works /City Engineer Mrs. Arends -King, Director of Administrative Services Captain Pounds, Lifeguard Department Mrs. Devine, City Clerk OATH OF OFFICE: City Clerk, Mrs. Devine, administered the Oath of Office to appointed Councilman Michael Levitt, representing District Five. CLOSED SESSION: The City Attorney advised this would be the time for any member of the public to address the Council on agenda Items "A" through "E ". There were no speakers. The City Attorney announced that Item "A ", a conference with Real Property Negotiator pursuant to Government Code Section 54956.8 related to property owned by the Redevelopment Agency, would not be discussed in Close Session however, will be added to the Closed Session agenda for the Redevelopment Agency. The City Attorney announced that the City Council would meet in Closed Session pursuant to Government Code Sections 54956.9 (b) and (c) and 54957.6 to confer with the City's Real Property Negotiators and confer with Legal Counsel with regard to anticipated litigation. By unanimous consent the Council adjourned to Closed Session at 5:07 p.m. and reconvened at 6:20 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported that the City Council had discussed Items "B" through "E" and gave direction to the City's Labor Negotiator. With respect to Item "C ", Labor Negotiation with OCEA, Councilman Antos abstained from participation, no other reportable action was taken. ADJOURNMENT • It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:21 p.m. Seal Beach, California June 28, 2004 The City Council of the City of Seal Beach met in regular session at 7:21 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. Dancs, Director of Public Works /City Engineer Mrs. Arends -King, Director of Administrative Services Captain Pounds, Lifeguard Department Mrs. Devine, City Clerk APPROVAL OF AGENDA Mayor Yost announced that Item "H" would be removed from the agenda and not considered, Councilman Ybaben requested Items "K, L, and M" be removed from the Consent Calendar for separate consideration, and Councilman Antos requested Item "R" removed. Antos moved, second by Larson, to approve the order of the agenda as revised. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried PRESENTATIONS /PROCLAMATIONS Mayor Yost announced a fundraiser, "Tip -A -Cop" in support of the Special Olympics sponsored by the Seal Beach Police Department to be held at Islands Restaurant in Seal Beach on Tuesday, June 29 from 5:00 to 10:00 p.m. ORAL COMMUNICATION Mayor Yost declared Oral Communications open. Mr. Jim. Caviola, Seal Beach, requested an increase in the tree budget, it was reduced from $75,000 a year to $25,000 for the entire city, otherwise continue the program whereby the City would match funds for projects. He claimed that street repairs have been put off so long that the main streets are abysmal and need immediate action. Ms. Reva Olson, Seal Beach, voiced her concern with the in -lieu parking program, a consultant was hired to prepare a Specific Plan, it stated that monies collected for in -lieu parking was to be kept in a separate fund, after five years if the City did not provide actual parking the money would be returned to those who had paid. Ms. Olson claimed there is only $5,700 in the account, the community deserves an accounting of the funds, and is this legal. Mr. Ronald LaVelle, Sergeant with the Seal Beach Police Department and President of Police Management Association, stated he was not representing the Association rather all employees of the Seal Beach Police Department, his concerns were in Page Two - City Council Minutes - June 28, 2004 regard to the Police Services Study done by Organizational Effectiveness Consulting, there was no opportunity for dialogue between personnel and the persons doing the study, nor input by the public of their needs. The Police Department takes pride in serving this community but the community is not served if they do not have all of the resources to do the job right. Ms. Joyce Parque, Seal Beach, welcomed Councilman Levitt and congratulated Councilman Ybaben on the articles he writes for the local newspapers. Ms. Parque mentioned having attended the budget sessions, her thought was that the Council should have gone department by department, all of them can make some cuts then the Council could make cuts in the utility tax, this is a small City of 25,000, 10,000 live in a gated community, twelve million dollars goes out of the City in salaries, the City needs to go back to a five day work schedule. She claimed the fire contract needs to be reviewed the City gets billed per call, a recent local news article reported the City pays the Orange County Fire Authority an average of $3.3 million annually and reported 2,500 incidents, more than twice as much as Los Alamitos and the Leisure World calls generate most of that, according to the article, we are over paying. She made reference to the Police Department Services Study, the officers on worker's comp, the attorney billing last year referred to the a law suit with officer A the City can not continue to go down this road. Ms. Sue Corbin, Seal Beach, stated her appreciation of the Police Department, this is the end of mismanagement from city managers, a business City Manager is needed, and this Manager received an 8.9% raise this year. Ms. Corbin expressed concern about the response she received from the Finance Director with regard to the salary codes, inquired as to the need for an Assistant City Manager, stated the Recreation Department can be run by volunteers, and the City does not need four engineers. The Police Department works hard and earns their salary, they have improved a thousand percent over the last ten to twenty years. She asked to have the closed session item reported by name not by number, the community needs to know what is being discussed. Mr. Terry Krieger, Crestview Avenue, welcomed the new councilman and wanted to speak to Item H, removal of the San Gabriel Pacific Park Society from the Project Area Committee, it was pulled from the agenda. Said he wanted to inform the Council that there are a large number of people interested in the Society and the agenda item, if it comes back to the Council they will be here to address the issue. Dr. Robert Goldberg, Seal Beach, referred to the Police Study and suggested there be two or three readings as there is considerable information and recommendations, the concern is that the report needs more discussion and public input before the Council accepts the recommendation to remove the hiring freeze and accept all of the management recommendations. He said he would recommend an informal informational session where one has a chance to ask questions of the contractor and the Police Chief, the report raises many questions and it makes over forty recommendations, it appears to have good news, the crime rate is low and the average response time is about four minutes, the case load does not seem to be excessive. The Study concludes the City should hire six more officers Page Three - City Council Minutes - June 28, 2004 where according to the overtime it should be equivalent to about three officers, it also points out problems at the management level. Dr. Goldberg offered that overall the report seems somewhat confusing and agrees with the other speakers about community input and finding out what their priorities are. There being no other speakers, Mayor Yost declared Oral Communications closed. CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. COUNCIL COMMENTS Councilman Antos reminded staff to post the "No Fireworks" signs around the City, a neighboring city will be allowing fireworks, there needs to be assurance that they do not spill over into Seal Beach. Another concern is the sand" castle event proposed by Volvo "Dunes & Tunes ", if it is not a non - profit group then the City should not absorb the cost nor loose revenue with cars being displayed in the 8 Street parking lot, also, no foreign substance should be used in the sand because of the glue incident last year. Councilman Ybaben announced that the College Park East Neighborhood Association is planning a 4 of July function at Heather Park from 11:00 a.m. to 1:00 p.m., it is targeted towards youngsters, and invited all to join the festivities. Mayor Yost stated to carry on with tradition, it is Hawaiian shirt season, and therefore no ties are required during the summer months between Memorial Day and Labor Day. With regard to the Police Study the Council asked for it to be done in hopes of find ways to improve what is already being done, no one from outside forced the Study, there will be further discussion after the report is presented. COUNCIL ITEMS MAYORAL APPOINTMENTS Antos moved, second by Larson, to adopt Resolution Number 5252 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CONFIRMING APPOINTMENTS MADE BY THE MAYOR AND COUNCIL OF REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES, AND ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS AND REPLEALING RESOLUTION NUMBER 5134" as revised to reflect. Mayor and Council Appointments — 2004/2005 * Paul Yost - Board of Directors of Orange County Sanitation District - Charles Antos - alternate * Charles Antos - West Orange County Water Board - Ray Ybaben - alternate * Charles Antos - Southern California Association of Governments - Mike Levitt - alternate * Paul Yost - Orange County Division, League of California Cities - John Larson - alternate * Charles Antos - Santa Ana River Flood Protection Agency - Paul Yost - alternate * John Larson - Orange County Fire Authority - Charles Antos - alternate * Ray Ybaben - West Comm — Joint Powers Authority (JPA) Page Four - City Council Minutes - June 28, 2004 * Charles Antos - Orange County Library Board - John Larson - alternate * Ray Ybaben - Orange County Transportation Authority, Growth Management Area #3 & Area #6 - Mike Levitt - alternate * Mike Levitt - Interstate 405 Major Investment Study (MIS) Policy Working Group * John Larson - Interstate 405 Major Investment Study (MIS) Policy Working Group * Ray Ybaben - Garden Grove Freeway (SR -22) Improvement Project, City Liaison - John Larson - alternate * Paul Yost — Director to JPIA — Joint Powers Insurance Authority (alternates Bahorski & Yotsuya) Mayor Yost encouraged all Councilmembers to attend the League of Cities meetings. He mentioned that there are currently no funds budgeted for dues for the Orange County Regional Airport Authority, this will be brought back if there appears to be an interest in participating in OCRAA. Councilman Levitt expressed an interest in becoming the representative to the Orange County Vector Control Board when the term expires in December. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried APPOINTMENTS — BOARDS AND COMMISSIONS Antos moved, second by Ybaben, to approve the appointments to the various Boards and Commission made by the appropriate Councilmembers as presented. Councilman Levitt advised that since his appointment to the Council was made just last week he has not the opportunity to review the District Five representatives and requested that the District Five appointments be held over to a later meeting. Archaeological Advisory Committee — One -Year Term (Each Council District representative makes these appointments however the appointee may be at- large) District One Keith Dixon (2005) District Two William Hoy (2005) District Three Richard Coles (2005) Architectural Review Board - Tracts 6345 & 6346 No longer a City appointment — CC &R Citizens Participation Committee — Four -Year Term District One Wendi Rothman (2008) District Two Allene Harding (2008) District Three Jane McCloud (2008) Civil Service Board - Six -Year Term District Three Dr. Robert Goldberg (2010) District Four Judy Coleman (2010) Environmental Quality Control Board - Four -Year Term District Four Clif Vineyard (2008) Parks and Recreation Commission - Three -Year Term District Four James Derry (2007) Page Five - City Council Minutes - June 28, 2004 Planning Commission — Four Year Term District Four Gary Roberts (2008) Project Area Committee — Two -Year Term District Three - Resident — Carla Watson (2006) District Three - Business — Joe Kalmick (2006) Laura Alioto — (organization) (2006) Seal Beach Historical Society Terry Barton — (organization) (2006) Friends of the Mary Wilson Library Mitzi Morton — (organization) (2006) San Gabriel Parks Society Seal Beach Cable Communications Foundation — Two -Year Term District One Margene Walz (2006) District Two Betty Martin (2006) District Three Peter Anninos (2006) District Four Ruby Lee (2006) AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried CONSENT CALENDAR - ITEMS "C" thru "R" Larson moved, second by Antos, to approve the recommended action for items on the Consent Calendar as presented, except Items "H ", "K ", "L ", "M ", and "R ", removed for separate consideration. C. 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 the minutes of the regular adjourned and regular meetings of May 24, 2004 and June 14, 2004. E. Approved regular demands numbered 46699 through 46904 in the amount of $394,673.87, ADP payroll demands numbered 10806362 through 10806442 in the amount of $177,837.40, and authorized warrants to be drawn on the Treasury for same. F. Received and filed Monthly Investment Report for May, 2004. G. Adopted Resolution Number 5253 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING A BUDGET AMENDMENT, NO. 04 -29 FOR NEGOTIATED MOU CHANGES, AND OTHER WAGE AND BENEFIT COST INCREASES ". The total budget amendment increases General Fund expenditures $175,965. By unanimous consent, full reading of Resolution Number 5253 was waived. Page Six - City Council Minutes - June 28, 2004 I. Approved the fiscal year 2004/2005 budget of the West Orange County Water Board and the City share in the amount of $34,438.00. J. Adopted Resolution Number 5256 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH APPROVING MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) 2003 EDITION AND THE MUTCD CALIFORNIA SUPPLEMENT ". By unanimous consent full reading of Resolution 5256 was waived. N. Adopted Resolution Number 5257 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF SEAL BEACH ". (Measure M funding) By unanimous consent full reading of Resolution 5257 was waived. O. Bids were received until Tuesday, June 22, 2004 at 11:00 a.m. for Seal Beach Boulevard and Pacific Coast Highway Intersection Widening, Project No. 49758, at which time they were publicly opened by the City Clerk as follows: 1. R.J. Noble $530,351.00 2. Palp Inc. $535,113.25 3. Sequel Contractors $589,869.00 4. Shawman $734,150.00 Awarded a construction contract for the Seal Beach Boulevard and Pacific Coast Highway Intersection Improvements, Project Number 49758, to R.J. Noble, the low bidder, in the amount of $530,351.00, and authorized City Manager to execute the contract on behalf of the City. P. Approved the purge of Police Department records that meet California Records Act qualifications for destruction, pursuant to Resolution Number 4951. Q. Received and filed the Facility Condition Assessment Report prepared by TEC Engineering Inc. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" - REMOVAL OF SAN GABRIEL PACIFIC PARK SOCIETY - PROJECT AREA COMMITTEE • Mayor Yost stated the two proposed resolutions, one relinquishing the representation of the San Gabriel Pacific Park Society on the Project Area Committee, the other redefining membership of the Project Area Committee, were withdrawn and not considered. ITEM "K" - ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) AMEMNDMENT NO. 8, C -95 -991 Page Seven - City Council Minutes - June 28, 2004 Ybaben moved, second by Antos, to adopt Amendment Number 8 to Cooperative Agreement Number C -95 -991, which amends the original Master Funding Agreement with OCTA to replace Exhibit "A" with a revised list of open projects. Councilman Ybaben requested an additional project, a sound wall along the 405 freeway extending from its current location to the end of the parking lot of the tennis facility. The Director of Public Works explained that this is a list of existing projects, staff could make a request to OCTA on behalf of the City for a wall under a different Caltrans State program dealing with sound walls. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried ITEM "L" - SECURITY VULNERABILITY ASSESSMENT REPORT Antos moved, second by Yost, to receive and file the submission of the City's Water System Security Vulnerability Assessment Report to the United States Environmental Protection Agency, said report prepared by Risk Management Professionals. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried ITEM "M" - SEVEN -YEAR CAPTIAL IMPROVEMENT PROGRAM — MAINTAIN MEASURE M ELIGIBILITY Antos moved, second by Ybaben, to adopt a seven -year Capital Improvement Program as required by the Orange County Transportation Authority (OCTA) for funding under the Measure M program, currently receiving approximately $230,000 in Measure M turnback funding annually. Councilman Ybaben requested clarification as to the difference between the seven -year Capital Improvement Program and the Circulation Element for Measure M eligibility. The Director of Public Works stated this item is the documentation for the funds, to receive the funding the City must confirm that no changes have been made to the Circulation Element, nor reduction of any through lanes of any of the arterials in the City. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried ITEM "R" - LETTER OF AGREEMENT - GRACE COMMUNITY CHURCH Ybaben moved, second by Antos, to continue this item until the July 12th, meeting and requested Grace Community Church representatives to be present to explain the circumstances of the Agreement. The concern is in regard to the ten guest passes at no cost to the Church for occasional use by Church - designated visitors, that is the current language of the one -year agreement. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried Page Eight - City Council Minutes - June 28, 2004 PUBLIC HEARING /RESOLUTION NUMBER 5258 - FISCAL YEAR 2004/2005 and FISCAL YEAR 2005/2006 OPERATING and CAPITAL BUDGETS - FISCAL YEAR 2004 /2005 APPROPRIATION LIMIT - Mayor Yost declared the public hearing open to consider fiscal years 2004/2005 and 2005/2006 Operating and Capital budgets and the Appropriation Limit for 2004/2005. The City Clerk certified that the notice of the public hearing was posted as required, the City Council notice of this hearing was published once in the Sun newspaper on June 17, 2004, and no communications received either for or against this item. The City Manager reminded the Council that the budget will be amended throughout the year therefore the figures will change. The Director of Administrative Services presented the staff report explained that there were no changes made to the proposed bi- annual budgets for both fiscal years during the workshops, therefore the resolution presents the same proposed expenditures for each fund except for minor changes to General Fund expenditures and revenues due to more updated information. The proposed budgets for both fiscal years are balanced, and the General Fund Reserve requirements, according to the City's budget and fiscal policies, are met. Mayor Yost invited all interested persons to testify for or against the proposed matter. Dr. Robert Goldberg, Seal Beach, spoke in favor of adoption of the proposed budget and Capital Improvement Plan, stated the Council and Manager should be commended for the decisions made over the last three to four years, the Council made many difficult decisions with regard to the hiring freeze, development of the Bixby Center, etc. Dr. Goldberg agreed with the City Manager's proposal to transfer $2.7 million from the General Fund to street repair, that is a start and if the City continues to be fiscally responsible in the future there will be more funds available. He also agreed it would be unwise to lower the Utility Tax at this time, Seal Beach does not have the highest utility tax in the country, State, or the southland and there are about two thousand homes exempt because their income is below $30,000. Ms. Reva Olson, Seal Beach, stated she is against the proposed budget in as much as the Utility Tax is probably illegal, the people of Seal Beach did not vote on it. There are areas that can be cut, the people like their Police Department however how much longer can the City afford them, and we need to fix the streets. Ms. Sue Corbin, Seal Beach, suggested that there be a service study on City Hall, she felt the study of the Police Department only embarrassed them, they provide a service that is vital to the community, where is all the money going. Ms. Corbin expressed her concerns with the City Manager, City Attorney, and other City staff members, the Council needs to take time to go over the warrants and petty cash. Her belief is that there are people in the City that would serve on a grant committee to bring in money for needed street repair, and suggested that attorney services be put to bid. Ms. Joyce Parque, Seal Beach, expressed her concern that the Council will pass the budget as is, there is room for everyone to reduce their department, it is also sad when the highest revenue sources are the Utility Tax and property tax. Ms. Parque stated the taxpayers are paying the bills, there is grass growing in the streets, instead of giving a two percent increase in salaries you can reduce the Utility Tax by two percent. • Page Nine - City Council Minutes - Jne 28, 2004 The beach is the best asset of the City and it has not been cleaned since last August. She suggested last year that the City mount a camera on the corner of Westminster and Seal Beach Boulevard to cite speeders then the police could have time to do other things, it is time to make some changes. Mayor Yost declared the public hearing closed. Councilman Ybaben stated that at the budget workshops he expressed some concerns and made a few suggestions yet the Council did not take any action at that time. His feeling is that the Council has not had an opportunity to do any goal setting or strategic planning that would help pass the budget, and made reference to the City of Los Alamitos' strategic plan as an example of what type of document the City could have. He referred to the budget as a living document and made a pledge to work with the City Manager and staff to seek ways to save a half million dollars in the budget this coming year. Mr. Ybaben also noted a couple of technicalities, the tennis facility will be turned over to the City in September, the City in turn will be investing in upgrades, then the facility will be leased and become a revenue source, he would like to treat it like an enterprise fund with income from the lease of that facility and the income from the cell tower lease, the City needs to show how these investments are paying off, he would like the Finance Director to keep those records separate, he would also like to set up a trust fund for the transfer of what is left of the $1 million that the Bixby Company will be giving the City to be used for College Park East. Councilman Antos agreed that the monies from Bixby should be set aside for use in College Park East. He said another concern is the police study that is coming up, after the budget is dealt with personnel takes a large portion of the budget already and there will be issues to deal with that will impact the budget, all recommendations in the police study is in need for more discussion, there is also the issue of the properties the City owns and what the options are with this inventory, the budget can be modified to create savings and still keep the level of service in the community. Councilman Larson indicated he did not necessarily support strategic planning, his feeling is that most of the time that comes down to just words, he did not favor a strategic plan coming from the City of Los Alamitos and it appears that it is out of date. Mr. Larson reminded the Council that if the City accepts the tennis facility and the $1 million then it will be up to the Council as to how the monies will be spent in College Park East, his belief is that it should be spent on the tennis • facility to benefit the entire city, this has nothing to do with the budget, and he is not in favor of a goal setting session. Mayor Yost stated that the budget should reflect the goals of the City Council, this budget is a representation of the Council, five distinct districts, the priorities of the district and constituents, residents like living in a nice beach community, they want the infrastructure upgraded, they like having their own police and lifeguard departments, and that is why it would be beneficial to have goals. Ybaben moved, second by Antos, to adopt Resolution Number 5258 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY Ly Page Ten - City Council Minutes - June 28, 2004 OF SEAL BEACH CALIFORNIA, ADOPTING FISCAL YEARS 2004 -2005 AND 2005 -2006 BUDGETS, SETTING APPROPRIATION LIMIT FOR FISCAL YEAR 2004 -2005 AND AMENDING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2003 -2004 AND AUTHORINZING APPROPRIATIONS BY FUND ". By unanimous consent, full reading of Resolution Number 5258 was waived. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried PUBLIC HEARING /RESOLUTION NUMBER 5259 — STREET LIGHTING ASSESSMENT DISTRICT Number 1- 200/2005 Mayor Yost declared the public hearing open to consider the Street Lighting Assessment District for 2004/2005. The City Clerk reported that the notice of hearing was posted as required, the City Council notice of this hearing was published once in the Sun newspaper on June 10, 2004. The Director of Administrative Services presented the staff report, explained that.the rates are not increasing and there will be adequate funds available to maintain the required reserve and pay for the utility. Councilman Ybaben inquired as to how the funds are collected and for what are they used. The Director of Administrative Services responded that collection is through the property tax bill, itemized and maintained in a separate fund, primarily the funds are used to pay the street lighting bill. Mayor Yost invited members of the audience wishing to speak to this item to come to the microphone and identify themselves. Ms. Sue Corbin, Seal Beach, claimed that people living at the top of the Hill area pay an additional special rate and asked if that means they pay twice, also, who is in charge of street light repair and that they are not on during the daylight hours. There being no further comments, Mayor Yost declared the public hearing closed. Mayor Yost inquired about the repair and the special tax question. The City Manager explained that calls for repairs can be made to the Public Works Department then Edison makes these repairs, City employees also check to see if there are repairs needed. The Manager said he is not aware of any special assessments. Ybaben moved, second by Larson, to adopt Resolution Number 5259 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONFIRMING THE DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR STREET LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2004 - 2005 ". By unanimous consent, full reading of Resolution Number 5259 was waived. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried ZOETER SCHOOL HISTORY AND STATUS REPORT The City Manager presented a report relating to the historical background and status of the Zoeter school property, review of files relating to Zoeter basically a re- creation of twenty -two years of decisions and actions taken by numerous City Councils, the property acquired primarily for recreation purposes. He noted that parcel Page Eleven - City Council Minutes - June 28, 2004 one, the commercial portion fronting Pacific Coast Highway was purchased by the Redevelopment Agency through a lease purchase agreement with the Los Alamitos Unified School District, parcel two, consisting of the day care facility was lease - purchased by the Redevelopment Agency, and parcel three, commonly known as the baseball field was purchased through General Fund. In 1995 the Third Amendment to the Master Lease of the City set forth a provision of granting the Rodi Family Trust an option to purchase the landlord's interest, the amendment describes in detail how the purchase price is to be arrived at and the process should the parties not agree on a purchase price. It is recommended that the Council and community members read this section carefully, the Council cannot change the option period or establish a different purchase value by using a method other than what is allowed in the document. The Zoeter School transaction was time consuming and complex and looking back at the acquisition, it appears that the Council and staff did everything possible to accomplish what the community desired which was to preserve Zoeter School and the open space. The City controlled the • development of Zoeter, which was done as requested by Council, without a tax increase, sale of other City assets, or an assessment district. The Manager noted that the Rodi Family has expressed interest in the option to purchase. Mayor Yost announced that without objection the report would be received and filed. POLICE SERVICES STUDY Mr. Tom Esensten, Organizational Effectiveness Consulting, presented the findings of the Police Services Study which was conducted to address three main issues: what police services should be provided, what staffing level and mix are necessary to deliver the services, and what is the most appropriate organization structure. Mr. Esensten said this report should provide the information necessary to ensure ongoing high quality policing services in the City, the recommendations that will provide the Police Department with requisite stability and focus, outlines a staffing plan that will ensure the community receives core and essential police services while providing time for Department employees to engage in community policing activities, recommends modifications to existing contractual relationships, proposes others to maximize the benefits of available resources, and identifies key performance indicators that the Council can use to measure progress. The complete study with recommendations and the power point presentation is on file. Councilman Ybaben offered that the community feels that the Police Department is doing a good job, however according to the study there are a lot of deficiencies and about thirty - eight recommendations, some due to the hiring freeze and other staffing problems, this is a report relating performance of the organization not of personnel. Councilman Antos stated the Study needs to be adopted as a whole rather than in sections for it to be an affective tool for improvement. Councilman Larson commented on the loss of community programs that the Police Department once provided particularly to the schools, he believes Leisure • World does not get their share of service, yet the Police A Page Twelve - City Council Minutes - June 28, 2004 Department is functioning well under the conditions that the Council has placed on them, that is why this study was requested. Councilman Levitt noted that there was no mention of the use of retired officers as volunteers to help with community programs. Mayor Yost asked if the study included the Volunteer Police Department, was informed it did not. Councilman Ybaben inquired about the difference between lateral and new hires, and the recommendation. Mr. Esensten explained that there is no difference in cost but there are service differences, also, should the Council approve all of the recommendations and lifts the hiring freeze there will be a temporary loss of service due to the recruitment process but that will increase once the hiring is completed. Larson moved, second by Levitt, to receive and file the Police Services Study. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried Larson moved, second by Ybaben, to accept the findings and recommendations, and that a review report be presented by the City Manager and Chief of Police within thirty days followed by quarterly reports. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried Larson moved, second by Levitt, to remove the hiring freeze on the Police Department. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried Yost moved, second by Antos, to extend the time limit of the meeting as required by Resolution Number 5179 Section 17 to consider Item "W ", Ordinance Number 1526, and hold over the Business License Report until the July 12, 2004 meeting. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried ORDINANCE NUMBER 1526 — FATS, OILS, AND GREASE — MANAGEMENT/DISCHARGE/CONTROL REGULATIONS. Antos moved, second by Larson, to approve the introduction and first reading of Ordinance Number 1526 entitled AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 9.22 TO THE SEAL BEACH MUNICIPAL CODE TO ADOPT FATS, OILS, AND GREASE MANAGEMENT, DISHCARGE, AND CONTROL REGULATIONS." City Attorney read in full the title of Ordinance Number 1526. The Director of Public Works presented the staff report relating to regulating the management, discharge and control of fats, oils and grease into the City's sewer system. The Director explained that the requirement of the Regional Water Quality Board is that all agencies develop and submit a Legal Authority to the RWQCB by July 30, 2004 which must include specific measures relating to the Page Thirteen - City Council Minutes - June 28, 2004 agencies ability to regulate and control fats, oils and grease discharges into the sewer system, such discharges cause sewer spills into the ocean. The Director noted there will be a positive public outreach to the food service establishments (FSE) which will include posters, a training video along with a Best Management Practices (BMP) manual on FOG instructing them to educate their employees, and a requirement for the installation of a grease interceptor for new restaurants or those restaurants that have building permit valuations of over $50,000. He mentioned that after the second reading and adoption of the Ordinance a FOG Program Control Manual the remainder of the program will be developed to meet the regional deadline of December, 2004. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried BUSINESS LICENSE REPORT — CONTINUED TO JULY 12, 2004 MEETING 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 July 12th, 2004 at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 10:40 p.m. THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: Seal Beach, California July 12, 2004 The City Council of the City of Seal Beach and the Redevelopment Agency met in a joint regular adjourned session and special meeting called for at 6:30p.m. with Mayor Yost calling the meeting to order. "CALL AND NOTICE OF A SPECIAL MEETING OF THE SEAL BEACH REDEVELOPMENT AGENCY • TO MEMBERS OF THE BOARD OF DIRECTORS OF THE SEAL BEACH REDEVELOPMENT AGENCY: Charles Antos, 136 — 14 Street #A, Seal Beach John Larson, 13741 Annandale Drive #18G, Seal Beach Michael Levitt, 1320 Knollwood Road #42F, Seal Beach Ray Ybaben, 4373 Hazelnut Avenue, Seal Beach Paul Yost, 485 Schooner Way, Seal Beach YOU ARE HEREBY NOTIFIED THAT, pursuant to Section 54956 of the California Government Code, Chairman Charles Antos hereby calls a special meeting of the Seal Beach Redevelopment Agency to be convened in the City Council Conference Room, Seal Beach City Hall, 211 — 8 Street, Seal Beach, California, 90740 on Monday, July 12, 2004 at 6:30 p.m. for the purpose of discussing the following item: 1. A Closed Session pursuant to Government Code Section 54956.8 to have a conference regarding real property negotiations concerning the property located at 1198 Pacific Coast Highway and to take any and all actions relating thereto. Please note that members of the public will be provided an opportunity to directly address the Board concerning any item described herein before or during consideration of that item. DATED THIS 6th day of July, 2004. Charles Antos, Chairman Seal Beach Redevelopment Agency by • Linda Devine, City Clerk City of Seal Beach" ROLL CALL Present: Mayor Yost Councilmembers Antos, Larson, Levitt, Ybaben Absent: None Also present: Mr. Bahorski, City Manager /Executive Director Mr. Barrow, City Attorney /Agency Counsel Mrs. Devine, City Clerk /Secretary The City Attorney advised that this would be the time for members of the public to address the Council on any item on the agenda. There were no public comments. CLOSED SESSION: The City Attorney announced that pursuant to Government Code Sections 54956.8 and 54956.9 (c) the Council and Redevelopment Agency would meet in Close Session to_confer • Page Two - City Council and Special Meeting Minutes - July 12, 2004 with the City's Real Property Negotiator relating to property located at 1198 Pacific Coast Highway and confer with legal counsel with regard to a case of anticipated litigation. By unanimous consent the Council and Redevelopment Agency adjourned to Closed Session at 6:31 p.m. and reconvened at 6:58 p.m. with Mayor Yost calling the meeting to order. Agency Counsel reported that the Redevelopment Agency ratified the hiring of John Ellis and Associates to update the appraisal of the Zoeter property, no other reportable action was taken, the City Attorney also reported that the City Council gave direction to legal counsel, no other reportable action was taken. ADJOURNMENT Ybaben moved, second by Antos, to adjourn the joint meeting of the City Council and the Redevelopment Agency at 7:00 p.m. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH. Joint Council and Agency Minutes Approved: Seal Beach, California July 12, 2004 The City Council of the City of Seal Beach met in regular session at 7:04 p.m. with Mayor Yost calling the meeting to order with 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 Chief Sellers, Police Department Mr. Vukojevic, Deputy City Engineer Mr. Cummins, Associate Planner • Ms. Yotsuya, Assistant City Manager Mrs. Devine, City Clerk APPROVAL OF AGENDA Mayor Yost announced that after the posting of the agenda a Resolution was received to honor Myldred E. Jones, founder of the Casa Youth Shelter, this proposed to be added to the Consent Calendar as Item "G -1" requiring a four - fifths vote. Larson moved, second by Antos, to include the Resolution on the Consent Calendar. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried Councilman Ybaben requested that Item "D" be removed from the consent calendar for separate consideration and Mayor Yost requested that Item "G" be removed. Antos moved, second by Ybaben, to approve the order of the agenda as revised. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried PRESENTATIONS /PROCLAMATIONS There were no Presentations or Proclamations. ORAL COMMUNICATION Mayor Yost declared Oral Communication to be open. Mr. Bob Giardini, 7th Street, stated that all churches in Seal Beach should have the same parking privileges as Grace Community Church, they should not receive free guest passes, and since the City has a parking problem possibly the Church could pave their front lawn for parking. Mr. Bill Ayres, • Seal Beach, stated the main duty of the City Manager is to 'secure financial stability for the City and he has done that, the City does not need to look for a new City Manager, instead, keep that money and use it for repairs. Mr. Ayres said that if the Church gets parking passes then all the other businesses should get them, there is still a need to improve the parking in the City. Mr. Charles • J Page Two - City Council Minutes - July 12, 2004 Griffin, Newport Beach, spoke about air transportation and the impact of the flights from Long Beach Airport, there should be an alternative option. Mr. Griffin stated a recent news article addressed the growth of the aviation market in Orange County and that Boeing will be building more efficient airplanes. He asked that Seal Beach, as a small city, put a referendum on the ballot to promote El Toro as a major airport. Mr. Marc Loopesko, 7th Street, said he wanted to echo the comments of the previous speaker • with regard to the Grace Community Church agreement, the residents of the area have to deal with a parking nightmare, the church is only part of the problem, there does not seem to be parking enforcement on Sundays in the residential area and the police need to enforce the one hour parking. Mr. Giovanni Chiarelle, operation manager, American Medical Response of Orange County, the ambulance provider for Seal Beach, said as part of the contract there will be a station located in the City, currently looking at Leisure World, they will have two 24 -hour units dedicated to 911 responses in the City and a full compliment of back- up resources. Mr. Chiarelle added that he is looking • forward to working with the City of Seal Beach. Ms. Joyce Parque, Seal Beach, asked the Council to review all the bills paid in all departments, she still has not received the attorney billings she asked for about six months ago. Ms. Parque expressed her concern with regard to what is being billed by the attorney firm and the contracts that were drawn up by that firm. She expressed concern over the police study, asked what areas are the police calls going, why was there not a choice to contract with the Sheriff's Department, and last, why no one was notified about the 10,000 pound microwave dish being installed on top of the donut shop on Marina Drive. Dr. David Rosenman, Seal Beach, agreed with the prior speaker about the parking problem, it is not a good idea to subsidize one church and not others, or even do it at all. The other issue is the lack of a detailed Disaster Plan and disaster coordinator, stated there is a need to have a Plan in place, and the Naval Weapons Station said there has not been a full -scale disaster drill involving the City in over seven years. Mr. John Grant, Central Avenue, has attended the Grace Community Church since 1979, enjoys walking to church on Sundays, the church brings benefits to the City, patronizing the restaurants and providing youth activities. • Mr. Brian Morgan, Grace Community Church Administrator, said he wished to clear up some misunderstandings, the Church has paid for the guest passes, uses the parking lot on Sundays from 8:00 a.m. to 1:00 p.m., and will pay for other passes to be used during the week. Mr. Lee Melody, 15 Street, also attends Grace Community Church, said the Church has been here for over sixty years, has never asked for anything, never expected anything for free, they are not asking for special treatment just to continue the ongoing program, the City parking issue is no reason for a • change in the use of the parking lot by the Church. Mr. Michael Parker, new editor for the Sun newspaper, introduced himself and informed the Council that he is here to work with the City and help communicate any issue to the community via the paper. There being no other speakers, Mayor Yost declared Oral Communications closed. Page Three - City Council Minutes - July 12, 2004 CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The City Manager made reference to concerns relating to contracts, explained that the Rodi group was never in default, Gemtel was in default, the Ruby's Restaurant situation is not the fault of Ruby's, however the Coastal Commission has taken over looking at the building, the Covenant is a document on file, along with an exhaustive research paper on the Trailer Park, pointed out that the City Attorney did not write the Covenant, and that the refuse rate will be covered at the August meeting. COUNCIL COMMENTS Councilman Ybaben reported having done some investigation with regard to the increased air traffic over College Park East, discovered that the main runway of the Long Beach Airport is undergoing a year -long rehabilitation, most of the work is being done at night and daylight hours for six Saturdays, forcing the Airport to utilize another runway, this will continue until September 11`". Councilman Larson said this is about the only Council that provides Councilmember home phone numbers on their business cards, • the Council can also be reached by email, and added that there are more people that attend Grace Community Church than eat at the Parasol restaurant. Mayor Yost stated a resident, Dr. Goldberg, has brought to attention that the City has signage for just about everything except "No Littering ", and asked staff to look into posting such signs. COUNCIL ITEMS Ybaben moved, second by Antos, to reappoint Mr. Bruce Fitzpatrick as the District Four appointee to the Archeological Advisory Committee for the term of one year. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried CONSENT CALENDAR - ITEMS "B" thru "G -1" Antos moved, second by Larson, to approve the recommended action for items on the Consent Calendar as presented, except Items "D" and "G ", removed for separate consideration. B. 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. • C. Approved regular demands numbered 46905 through 47081 in the amount of $1,857,823.36, ADP payroll demands numbered 11077810 through 11077924 in the amount of $199,264.12, and authorized warrants to be drawn on the Treasury for same. Page Four - City Council Minutes - July 12, 2004 E. Approved the sale of surplus property at auction, - 1989 Ford Stake Bed Truck, 1985 Dodge 1 -Ton Truck, and 1971 International Flatbed Truck. F. Adopted Resolution Number 5255 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF - SEAL BEACH, CALIFORNIA ADOPTING AND FILING THE ANNUAL STATEMENT OF INVESTMENT POLICY AND GUIDELINES FOR THE FISCAL YEAR 2004/2005 ". By unanimous consent, full reading of Resolution Number 5255 was waived. G -1. Adopted Resolution Number 5260 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA HONORING AND PAYING TRIBUTE TO MYLDRED E. JONES, PH.D., LCDR, USN- RETIRED, AN OUTSTANDING HUMANITARIAN ". By unanimous consent, full reading of Resolution Number 5260 was waived. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "D" - RESOLUTION NUMBER 5254 — COMMUNITY FACILITIES DISTRICT NO. 2002 -02 (SEAL BEACH BOULEVARD /LAMPSON AVENUE LANDSCAPE MAINTENANCE DISTRICT) ANNUAL SPECIAL TAX FOR FISCAL YEAR 2004/2005 Councilman Ybaben requested clarification as to who is affected and what area is covered. The City Manager explained that the Community Facilities District was formed as a result of the Bixby development, the tax applies to the commercial development not residents, and the District assesses them for the landscaping along Lampson Avenue and Seal Beach Boulevard. The Deputy City Engineer explained that the landscaping does not include the area adjacent to the golf course, it ends at the end of the Sunrise facility on the south side, the map shows all properties in the area not necessarily the landscaped area, details of the landscaping is described in the Resolution. Ybaben moved, second by Antos, to approve Resolution Number 5254 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002 -02 ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 2004/2005." By unanimous consent, full reading of Resolution Number 5254 was waived. • AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried ITEM "G" - GRACE COMMUNITY CHURCH PARKING AGREEMENT The City Manager reported that since the posting of the agenda and the last Council meeting staff has worked with the Church and has amended the agreement as to the use of guest passes, explained the City has three categories of passes, this agreement falls under the category of guest passes. The Manager read the language change to Section 9, "the CHURCH shall pay to the CITY $140 for ten (10) guest permits for use by Church - designated visitors on a Monday through Sunday basis. The permits may also be used in the Eighth Street municipal parking lot only on Saturday and Page Five - City Council Minutes - July 12, 2004 Sunday of each week ", and explained that this is a one -year agreement with Grace Community Church that has been on going for many years, there are still some City parking concerns that need to be addressed. Councilman Ybaben questioned the need for a special agreement since the City has a fee schedule that outlines costs and rates for services. The City Manager noted that the agreement with the Church began in 1995 and has been ongoing. Councilman Antos said the issue of non - enforcement of the one -hour parking on Sundays needs to be addressed by the Police Department. To that Chief Sellers explained that there is a surge of parking during the hours of 9:00 a.m. to 12:00 • noon, the Department tries to be as compassionate as possible because not all churches have the same hours of services, they try to keep in perspective the spirit of the law in regard to enforcement, there has also been a lack of staffing however there will be a recruitment for new officers with the hiring freeze lifted. Councilman Larson commented that he had thought the parking committee was formed to deal with the parking meters, that issue has been concluded, yet the committee should continue if there is a need to look at other parking issues, otherwise the parking committee should be abolished. Councilman Larson agreed with the Chief this is not only a problem in this City but • in all cities, he attends a church in Long Beach and they have limited parking, you may not be able to park where you want but on the other hand the youth are enjoying activities that the church provides. He said the Council wants to work with the Church, the Church wants to work with the community, and the community wants to work with the City, the City of Los Alamitos handled their church issue poorly, Seal Beach can do much better. Mayor Yost suggested that the Church hold a meeting with the residents of the community before the next round of agreements. Larson moved, second by Levitt, to approve the renewal of the one -year parking agreement between Grace Community Church and the City of Seal Beach for the period of July 1, 2004 through June 30, 2005. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried CANCELLATION - COUNCIL MEETING — JULY 26 Larson moved, second by Ybaben, to cancel the July 26, 2004 City Council meeting as not all of the Council will be available. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried Councilman Antos stated he would like to reopen negotiations with the Police Association regarding a different retirement schedule for new hires prior to June, 2005. Mayor Yost requested an up -date of the Disaster Plan for a future agenda. The City should review the Plan periodically since the Naval Weapons Station and the Port of Long Beach are so close to the City. Page Six - City Council Minutes - July 12, 2004 CLOSED SESSION No closed session was held. ADJOURNMENT Mayor Yost announced that Mr. Cummins, Associate Planner, is moving to Arizona and he would like to adjourn the meeting in his honor to say thank you for his excellent service to the City. It was the order of the Chair, with consent of the Council, to adjourn the meeting until August 9th, 2004 at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 8:00 p.m. THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: Seal Beach, California • July 15, 2004 The City Council of the City of Seal Beach met in regular adjourned session at 1:14 p.m. with Mayor Yost calling the meeting to order. ROLL CALL Present: Mayor Yost Councilmembers Antos, Larson, Levitt, Ybaben Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mrs. Devine, City Clerk PUBLIC COMMENTS Mayor Yost declared Public Comments open. Ms. Reva Olson, Seal Beach, inquired about why the jail is not making money, asked if the City has an up -to -date emergency plan, and would still like information about the in -lieu parking. The City Manager responded that the Finance Director would respond to her regarding the finance questions, the City • Attorney noted in the Main Street Specific Plan the in -lieu parking program started in 1998 and it is in compliance with the law, and Mayor Yost said that emergency plan would be reviewed. Mayor Yost declared Public Comments closed. COUNCIL ITEM The City Manager introduced Dr. Richard Garcia, RJA Management Services, Inc., the moderator for the Goal Setting /Team Building Session. Dr. Garcia asked the Council to share their proposed goals then find common ground to set the City Goals. Dr. Garcia said he would submit a report outlining the outcome of the session to the City Manager, the report will be presented to the Council, then the Council will review the Goals and Objectives agreed to at the session, the City Manager would then set a timeline as to when those objectives will be met for Council approval at a regular meeting. Indicated summary Goal Setting /Team Building Session as follows: Members of the Council were provided paper to create a "four- square exercise" that reflected a personal accomplishment most proud of, professional accomplishment most proud of, why you sought this office, and most important thing you would like to accomplish before leaving office. Statements made: * Make a better Seal Beach * Stay alive * Most important is water quality and quality of life * Maintain Seal Beach _ * Fix streets and infrastructure * Make unique but keep it small and distinctive Page Two - City Council Minutes - July 15, 2004 * Seal Beach needs an identity - create * Keep a balanced City * Physical — feeling of unified City of Seal Beach * Look at other ways to get things done * SAME — what does that mean — need to be specific as to what you want — does not mean status quo — means improvements that are compatible * Way to do business — custom situations and solutions — uniform rules * Staff works more efficient : * Roles — Council sets policy, determines goals, and are accountable to voters — City Manager is the advisor, implements goals, carries out what majority of Council wants, accountable to Council — Staff carries out through direction of City Manager, front line, accountable to City Manager * Small community wants more personal service Goal Setting Model: Issues — Goals — Objectives — Timeline Goals — big picture and issue Objective — measurable by resource and time Example: GOAL — Adopt a proactive, constructive approach to Land Use issues OBJECTIVE — dedicate resources to the p • roper acquisition and restoration of the Hellman properties GOALS of individual Councilmembers: Antos — 1. Improve customer service at City Hall — Phone tree — by department and better directory 2. Budget savings 3. Evaluate City staff 4. Bring back RDA study to see options 5. Review list of all property owned by the City 6. Determine if can lower Utility Users Tax 7. Review list of all contracts and franchises 8. Determine the advantage /disadvantage of elected City Attorney 9. Cable contract — what are options of City Larson — 1.Simplify Council meetings 2. Create a Master Plan to cover the Weapons Station if it is closed or reduced 3. Consider a small craft harbor, golf course, camp ground for scouts and similar groups 4. Develop a relationship with the business community to smooth ties to the residents and help new enterprises get settled 5. Increase City staff Levitt — 1.Ensure residents of Leisure World receive their fair share of City services 2. Strive to represent all of Seal Beach, support what is best for the whole City 3. Protect the residents against vector - spread diseases such as West Nile Page Three - City Council Minutes - July 15, 2004 Ybaben — 1. Efficient and cost effective City — balanced with customer service 2. Become more proactive setting policy — direct better understanding of what the Council expects not how it will get done 3. Council meeting once a month with workshops /study session 4. Seal Beach tennis facility — gem for the City of Seal Beach 5. More problem solving less pontificating 6. Receive agenda packet by Wednesday before meeting Yost — 1.Continue efforts on water quality 2. Infrastructure needs, especially streets 3. Council that can work together, function as one unit, attend and be prepared for meetings The new Council goals /objectives were place-under the goals set from the previous Council. ADJOURNMENT It was the order of the Chair, with consent of the Council, • to adjourn the meeting until August 9th, 2004 at 6:30p.m. to meet in Closed Session if deemed necessary. By unanimous consent the meeting was adjourned at 7:00 p.m. THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO-THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: Seal Beach, California August 9, 2004 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Yost calling the meeting to order. ROLL CALL Present: Mayor Yost Councilmembers Antos, Doane, Larson, Ybaben Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mrs. Devine, City Clerk The City Attorney advised this would be the time for members of the public to address the Council on any item on the agenda. There were no speakers. CLOSED SESSION: The City Attorney announced that the City Council would meet in Closed Session pursuant to Government Code Sections 54956.9 (b) and (c), and 54957.6 to confer with Legal Counsel relating to City of Seal Beach vs. Madena and to confer with the City's Labor Negotiator. The Council adjourned to Closed Session at 6:31 p.m. and reconvened at 6:57 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported that the City Council had discussed the items identified on the agenda, gave direction to special counsel and the City's Labor Negotiator, there was no other reportable action taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:58 p.m. Seal Beach, California August 9, 2004 The City Council of the City of Seal Beach met in regular session at 7:05 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. Dancs, Director of Public Works /City Engineer Mrs. Arends -King, Director of Administrative Services Chief Sellers, Police Department Mr. Vukojevic, Deputy City Engineer Ms. Yotsuya, Assistant City Manager Ms. Lee, Human Resource Analyst Mrs. Devine, City Clerk APPROVAL OF AGENDA Mayor Yost mentioned that staff requested that Item "K" be pulled from the Consent Calendar for separate consideration, Items "F" and "P" were removed by the public, and Councilman Antos requested Item "I" removed. Antos moved, second by Ybaben, to approve the order of the agenda as revised. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried PRESENTATIONS /PROCLAMATIONS None ORAL COMMUNICATION Mayor Yost declared Oral Communications to be open. Mr. Rodney Johnson, Electric Avenue, local resident and sculptor presented a proposal for permanent loan of his sculpture "Califia" a bronze female swimmer /sun dial with a small fountain to be place at the pier entrance at Ocean Avenue and Main Street. Mr. Johnson said he believes this is representative of the community of Seal Beach and was • modeled after Lynn Cox, who grew up in the general area and trained in Seal Beach. Mr. David Silva, Seal Beach Leisure World resident and candidate for the 67 Assembly District, introduced himself, listed his endorsements and said he wanted to inform the public that he has asked Assemblyman Tom Harman to debate the issues. Mr. Rex Ricks, Huntington Beach, expressed his concern about the Airport Authority tripling the size of the Long Beach Airport passenger holding area to which he is collecting signatures online to keep this area to a minimum during the expansion project, and expressed disappointment that no one from Seal Beach has signed his petition. He said another concern was the Page Two - City Council Minutes - August 9, 2004 Naval Weapons Station and base closures that are slated for 2005. Mayor Yost requested to have an up -date regarding the Long Beach Airport put on a future agenda. Mr. Jahn Rokicki, Marble Cove Way, inquired about the Pavilion Shopping Center and expressed his concerns with regard to the possible increase of traffic, commercial density, and parking. The City Manager requested Mr. Rokicki to leave his name, address, and phone number with the City Clerk and a staff member contact him. Ms. Joyce Parque, Seal Beach, questioned the Council as to why Jet Blue Airlines paid the City of Long Beach a fine of $140,000 for flying too low and Seal Beach did not file for the compensation, also, the same with regard to the tankers parked in front of the beach, the Long Beach peninsula receives money to keep their beaches clean, Seal Beach needs to write a letter requesting same. Ms. Parque referred to an article in the local Sun newspaper written by Councilman Antos to which she agreed with his opinion about the police pension, also expressed the same concerns that impacts her quality of life in Seal Beach, and stated that she will be actively involved in the next City Council election. Mayor Yost asked Ms. Parque for the contact information she had referred to so that the City could seek reimbursement for these tankers. Ms. Sue Corbin, Seal Beach, stated the City Charter requires the Council to have two meetings a month and not try to push items through in one meeting per month, especially when most people are not here in the summer. Ms. Corbin was offended by the Council having bottled water at the meetings, stated the Council is accountable for what is happening in the City, and expressed her opinion over several city issues. Dr. Robert Goldberg, Seal Beach, commended the staff for their prompt response to removing graffiti at Marina Park. Dr. Goldberg commented on Item "I ", West Nile Virus, standing water in the catch basins and the need to keep them clear, Item "M ", pay raises for managers and mid managers, the need to have a policy to determine the amount of use of cars and cell phones to receive allowances, and with regard to Item "Q" said the money from Bixby should be in a trust fund to refurbish the tennis facility. There being no other speakers, Mayor Yost declared Oral Communications closed. CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. COUNCIL COMMENTS Councilman Antos asked that the sculpture project offered by Mr. Johnson be referred to staff for a report for further consideration. Mayor Yost announced that he will have a Town Hall meeting regarding the Pavilion Shopping Center, the date and time to be determined. COUNCIL ITEMS Councilman Levitt announced the appointments to the following Boards and Commissions for Council District Five: * AdHoc Parking Management Committee — Roger Bennett — undetermined term * Board of Appeals — John Retterrath — undetermined • w � Page Three - City Council Minutes - August 9, 2004 term * Citizens Participation Committee — Andre Boutin — unexpired four year term, ending 2006 * Department of Water Power Advisory Committee — Beth Retterrath — undetermined term Antos moved, second by Ybaben, to approve the appointments of Councilmanic District Five representatives: AYES: 'Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried CONSENT CALENDAR - ITEMS "B" thru "P" Antos moved, second by Ybaben, to approve the recommended action for items on the Consent Calendar as presented, except Items "F ", "I ", "K ", and "P ", removed for separate consideration. B. 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. C. Approved regular demands numbered 47082 through 47390 in the amount of $1,988,613.67, ADP payroll demands numbered 11334236 through 11334348 in the amount of $214,988.50, and authorized warrants to be drawn on the Treasury for same. D. Received and filed the Monthly Investment Report for June, 2004. E. Adopted Ordinance Number 1526 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH RENUMBERING EXISTING CHAPTERS 9.25 THROUGH 9.55 TO CHAPTERS 9.30 THROUGH 9.60 AND ADDING NEW CHAPTER 9.25 TO THE SEAL BEACH MUNICIPAL CODE TO ADOPT FATS, OILS AND GREASE MANAGEMENT, DISCHARGE AND CONTROL REGULATIONS ". By unanimous consent, full reading of Ordinance Number 1526 was waived. G. Adopted Resolution Number 5262 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #50172 THE ANNUAL PAVING REHABILITATION ENTERED INTO BETWEEN CITY OF SEAL BEACH AND RUIZ ENGINEERING COMPANY ". By unanimous consent, full reading of Resolution Number 5262 was waived. H. Adopted Resolution Number 5263 entitled "A • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #50178 THE ANNUAL CONCRETE REHABILITATION ENTERED INTO BETWEEN CITY OF SEAL BEACH AND FS CONSTRUCTION ". By unanimous consent, full reading of Resolution Number 5263 was waived. • • Page Four - City Council Minutes - August 9, 2004 J. Adopted Resolution Number 5265 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING A CONTRACT AND AUTHORIZING THE DISPENSING OF BIDDING FOR AN ON -SITE SODIUM HYPO - CHLORITE GENERATION SYSTEM ". Severn Trent Water Purification, Inc. is the sole manufacturer and producer of the Chlotec sodium hypo - chorite generation system, which is currently used by the City at all of its water stations. By unanimous consent, full reading of Resolution Number 5265 was waived. • L. Received and filed comment letter from the Environmental Quality Control Board to Los Angeles Department of Water and Power regarding "Notice of Preparation of Draft Environmental Impact Report — Haynes Generating Station Units 5 & 6 Repowering Project ", Long Beach. M. Received and filed the staff report relating to the Draft Project Closeout Report — Non -Time Critical Removal Action, Installation Restoration Program Site 7 (station landfill) and Site 4 (Perimeter Road AOPCS 1A and 2A), Naval Weapons Station, and that said letter be forwarded to the Environmental Quality Control Board and Archaeological Advisory Committee. N. Adopted Resolution Number 5266 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING REVISIONS TO WAGES AND BENEFITS FOR MANAGEMENT AND MID - MANAGEMENT EMPLOYEES AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH ". By unanimous consent, full reading of Resolution Number 5266 was waived. 0. Adopted Resolution Number 5267 entitled "A • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING REVISIONS TO THE MEMEORDANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE SUPERVISORS AND PROFESSIONAL EMPLOYEES AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH ". By unanimous consent, full reading of Resolution Number 5267 was waived. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F" — RESOLUTION NUMBER 5261 — ZOETER SCHOOL SITE — FACILITY CONDITION ASSESSMENT The City Manager advised that a budget amendment is needed for additional Facility Condition Assessment of the Zoeter School site as requested by Council for the purpose testing for asbestos and lead before the upgrade to the facility. Ybaben moved, second by Antos, to adopt Resolution Number 5261 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 05 -02, FOR THE ADDITIONAL FACILITY CONDITION ASSESSMENT ' M � Page Five - City Council Minutes - August 9, 2004 OF THE ZOETER SCHOOL SITE ". By unanimous consent, full reading of Resolution Number 5261 was waived. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried ITEM "I" — RESOLUTION NUMBER 5264 — WEST NILE VIRUS ACTION PLAN Councilman Antos provided the Council with articles relating to the West Nile Virus for their information and made the public aware that they need to take steps to keep surroundings clear of standing water. Councilman Larson stated that Leisure World has a large electric sign that informs the residents of the West Nile issue. Mayor Yost stated how impressive the report was and how it is in line with the Best Management Practices for water quality. Larson moved, second by Antos, to adopt Resolution Number 5264 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT • NO. 05 -03 FOR PUBLIC EDUCATION PLAN ON WEST NILE VIRUS ". By unanimous consent, full reading of Resolution Number 5264 was waived. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried ITEM "K" — BOEING INTEGRATED DEFENSE SYSTEMS SPECIFIC PLAN — PERMIT NUMBER 5 -03 -355 — COMMENT LETTER — COASTAL COMMISSION STAFF REPORT The City Manager and Director of Public Works excused themselves from the meeting due to possible conflict of interest. The Director of Development Services was available to answer any questions from Council. Larson moved, second by Antos, to receive and file the staff report, authorized the Mayor to sign the revised comment letter, and authorized the Director of Development Services to attend the Coastal Commission meeting and respond to issues and concerns on behalf of the City. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried The City Manager and Director of Public Works returned to the Council meeting. ITEM "P" — IMPLEMENTATION PLAN — FOR POLICE SERVICES STUDY The City Manager reviewed the Implementation Plan for the Police Service Study submitted by the Police Department, mentioned that the second part of the plan is a progress report in bar graph form that is easy to follow, indicated that this will serve as a road map that will bring staffing and operational changes to the Department, and pointed out that some of the recommendations are targeted for late 2005 due to the long recruitment process. Councilman Ybaben stated the plan is very detailed and suggested the Council hold a study session to review the process of implementation. Mayor Yost requested an update and possible a study session on the City's Emergency Plan. Councilman Larson disagreed with the need for a study session and would like to continue with two business meetings a month. The City Attorney reminded the Council r�,y Page Six - City Council Minutes - August 9, 2004 that the item under consideration is in regards to the Police Services Study Implementation Plan. Larson moved, second by Antos, to receive and file the Implementation Plan report from the Chief of Police. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried Mayor Yost declared a brief recess at 8:01 p.m. The Council reconvened at 8:08 p.m. with Mayor Yost calling the meeting to order. APPOINTMENTS — BOARDS AND COMMISSIONS Councilman Levitt requested to make two reappointments that he inadvertently omitted earlier in the meeting. * Archaeological Advisory Committee — Robert "Gene" Vesely — full one year term, expiring 2005 * Seal Beach Cable Communications Foundation — Richard Davies — full two year term, expiring 2006 There being no objection, Antos moved, second by Yost, to approve the reappointments for Council District Five representatives. AYES: Antos, Larson, Levitt, Ybaben, Yost • NOES: None Motion Carried OLD RANCH TENNIS CLUB The City Manager outlined the process under the terms of the Bixby Development Agreement to accept the Old Ranch Tennis Facility and the remaining funds from Bixby Ranch Company by September 22, 2004, including the submission of a quitclaim deed. The City Manager advised that staff is moving forward with the Request for Proposals process to secure a lessee to operate the Tennis Club as a municipal recreational tennis facility. Larson moved, second by Antos, to provide authorization for the City Manager and staff to proceed with the acceptance of the Old Ranch • Tennis Club and receipt of funds by September 22, 2004. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried ORDINANCE NUMBER 1527 AND 1528 — SECONDARY EXITS ON THIRD STORIES The Director of Development Services explained that Exception 7 to Section 1004.2.3.2 of the California Building Code does not meet the necessary criteria for exemption. The Urgency Ordinance requires a four - fifths vote and would immediately eliminate that provision from the Municipal Code and the confusion that could result with it remaining as part of the Municipal Code. The Director mentioned that Ordinance 1528 is virtually identical to the Urgency Ordinance and is proposed for first reading with second reading and adoption at the next meeting at which time the Urgency Ordinance will become null and void. Page Seven - City Council Minutes - August 9, 2004 Antos moved, second by Ybaben, to adopt Ordinance Number 1527 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING EXCEPTION 7 TO SECTION 1004.2.3.2 OF THE CALIFORNIA BUILDING CODE (SECTION 9.55.065.L OF THE SEAL BEACH MUNICIPAL CODE) AND DECLARING THE URGENCY THEREOF." By unanimous consent, full reading of Resolution Number 5267 was waived. The City Attorney read the title in full for the record. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried Antos moved, second by Ybaben, to introduce Ordinance Number 1528 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING EXCEPTION 7 TO SECTION 1004.2.3.2 OF THE CALIFORNIA BUILDING CODE (SECTION 9.55.065.L OF THE SEAL BEACH MUNICIPAL CODE)." By unanimous consent, ful-1 reading of Resolution Number 5268 was waived. The City Attorney read the title in full for the record. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried BUSINESS LICENSES — PROPOSED CHANGES The City Manager recommended four changes to the Municipal Code with regard to the Business License Tax: • Business license tax will increase each year based on the Consumer Price Index at the discretion of the Council. • Qualifying gross income for senior citizen discounted business license tax is $10,000 • Individuals who are disabled and living on subsidies that are operating a business would only pay half of the flat business license tax based on the type of establishment they are operating if their gross income is $10,000 or less. • Commercial rentals of two units per property or less • pay 50% of the business license tax currently $89 and commercial rentals with three or more units per property pay 100% of the business license tax currently $178. Larson moved, second by Antos, to direct staff to proceed with the recommended changes to the Business License Tax provisions of the Municipal Code. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried The City Attorney noted that the proposed changes to the Municipal Code will be presented on a future agenda. SPRINGBROOK HUMAN RESOURCES and PAYROLL SOFTWARE The Director of Administrative Services presented a brief report on the benefit cost savings of changing from Automatic Data Processing to "in- house" payroll with a part -time payroll clerk, this would provide a more accurate processing of payroll with a human resource component. The Director noted the Finance Department is currently using Page Eight - City Council Minutes - August 9, 2004 Springbrook software for utility billing and the maintenance fee includes up- dates. Mayor Yost expressed a concern with confidentiality. The Director assured that she will tight control. Larson moved, second by Ybaben, to approve the purchase of Springbrook human resource and payroll software, approve budget amendment 05- 01 authorizing the expenditure of funds to acquire the software, maintain the software, and process the City's payroll. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried SOLID WASTE CONTRACT - REVIEW The City Manager presented an overview of the solid waste contract, historical information, rate comparison data, and a performance summary of Consolidated Disposal Services for Seal Beach. He noted the existing agreement with Consolidated Disposal Services provides for an annual review of performance, quality of service, as well as a system and service review, and the Council has the option to direct staff to meet with Consolidated over particular concerns. Mr. Russell Dix, area president of Consolidated Disposal, reiterated some of the information provided in the report, said their performance rate is high, and their crews have been with them for fifteen to twenty years, Consolidated is willing to work with the.City over any concerns, the long term contracts help to invest in improved capital, the cost of a new truck is $230,000, and mentioned that the waste industry is heavily regulated by the State. Mr. Dix also presented a plaque to the Council from the California Integrated Waste Management Board recognizing the City for complying with AB939, the recycling program. Councilman Antos questioned staff about notifying the residents of the fifteen percent discount for seniors over sixty -five, and asked for clarification that the residential fees are itemized on individual bills. Councilman Levitt also wanted to clarify that Leisure World is exempt from this fee. Larson moved, second by Ybaben, • to receive and file the report, no other direction was given to staff. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried ORDINANCE NUMBER 1529 AND 1530 — RE- ESTABLISH DIAGONAL PARKING ZONE REGULATIONS The City Attorney stated that section 13 -92 of the Code of the City of Seal Beach established regulations for diagonal parking zones at six inches from the curb as designated by City Council Resolution was inadvertently omitted when the Code was revised and recodified. In order to provide for uninterrupted enforcement of the City's diagonal parking zone regulations, the provisions of former Section 13 -92 must be incorporated into the Seal Beach Municipal Code, this action requires a four - fifths vote of the Council. Larson moved, seconded by Levitt, to adopt Urgency Ordinance Number 1529 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE TO RE- • ESTABLISH DIAGONAL PARKING ZONE REGULATIONS AND DECLARING r Page Nine - City Council Minutes - August 9, 2004 THE URGENCY THEREOF ". City Attorney read the ordinance title in full. By unanimous consent, full reading of Ordinance Number 1529 was waived. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried Levitt moved, second by Antos, to adopt Ordinance Number 1530 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE TO RE- ESTABLISH DIAGONAL PARKING ZONE REGULATIONS ". The City Attorney read the title in full for the record. By unanimous consent, full reading of Ordinance Number 1530 was waived. This ordinance will be presented for a second reading and adoption at the next meeting, Urgency Ordinance Number 1529 will then be null and void. 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 September 13 2004 at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 9:00 p.m. THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: •