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HomeMy WebLinkAboutCC AG PKT 2004-02-09 #C Seal Beach, California January 26, 2004 The City Council of the City of Seal Beach met in regular session at 7:09 p.m. with Mayor Campbell calling the meeting to order. Boy Scout Troop 642 led 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 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. Yotsuya, Assistant City Manager Ms. Yeo, City Clerk APPROVAL OF AGENDA Mayor Campbell requested that Item "R" be removed from the Consent Calendar, and Councilmembers Yost and Antos requested Item "N" removed. Yost moved, second by Antos, to approve the order of the agenda as revised. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried PRESENTATIONS RESOLUTIONS NUMBERED 5199 and 5200 - HONORING ROBERT McLAUGHLIN and MICHAEL KNIGHT - BOY SCOUTS OF AMERICA EAGLE AWARD Mayor Campbell read portions of Resolution Number 5199 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING ROBERT THOMAS McLAUGHLIN FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE 'AWARD" and Resolution Number 5200 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING MICHAEL CARLTON KNIGHT FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD." By unanimous consent, full.reading of Resolutions numbered 5199 and 5200 was waived. Doane moved,.second by Yost, to adopt Resolutions 5199 and 5200 as presented. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried • Agenda Item C T � Page Two - City Council Minutes - January 26, 2004 Mayor Campbell noted that she had attended the Court of Honor for Eagle Scouts McLaughlin'and Knight on Sunday, she then presented the recipients with framed copies of their commending Resolutions. Robert McLaughlin expressed appreciation to the Council for the recognition, said all of the hard work of his Troop was worth it -, Michael Knight thanked the City of Seal Beach, those who contributed to his Eagle project and his Scouting career in general, and his parents, stating that he could not have done it without them. ORANGE COUNTY REGISTRAR OF VOTERS - VOTING MACHINE DEMONSTRATION The City Manager introduced Mr. Dan Wooldridge of Waters & Faubel, the firm that is doing the outreach program for the Orange County Registrar of Voters of the new eSlate voting machine. Mr. Wooldridge expressed appreciation to the ' Council for allowing the time to speak to the people of Seal Beach with regard to an upcoming memorable day in Orange County, the March Primary Election day as it relates to the introduction of the new voting system called eSlate, a simple machine, basically off - the -shelf technology used by the military and the business sector, for the first time Orange County is moving toward an electronic voting system. He said everyone is aware of what took place in the presidential election of year 2000 in Florida, thereafter Congress took action and the President signed the Help ' America Vote Act (HAVA) which authorized several billion dollars for various State and local governments to acquire new electronic voting machines, surprisingly Orange County was first in line, received approximately $26 million of federal assistance to procure this equipment, and it is presently a very busy time at the Registrar of Voters as twelve thousand voting machines and electronic voting booths are being prepared to be sent to the precincts in Orange County. Mr. Wooldridge referred to March 2nd as somewhat of a revolutionary election, not only going to a new, reliable electronic system which is simple and easy to use, the County is also introducing 'early voting,' nearly twenty -five percent of the voters in Orange County vote absentee, now starting February 3rd through the 24th there will be nine City halls and six regional shopping centers where voters can go to vote early, for the voters of Seal Beach the closest location will be the Westminster Mall, Monday through Saturday and on Sunday, this is the first opportunity in Orange County to vote early, a voter from any community can go to those locations and cast a ballot, it is linked to the County database system, it is felt there will be even more that utilize early voting in November, and that 'early voting' will continue to grow. Again, the eSlate system is simple and easy to use, it provides the opportunity for people to know that when they cast - their ballot it has been recorded, and announced that for this week the City Clerk will have a voting machine available at City Hall for demonstration purposes. He described the voting process, the voter enters the polling place as usual, the voter is given a four digit number, according to federal law it is now required that election materials be available in five languages, so a voter can now vote in English, Spanish, Vietnamese, Chinese, or r r Page Three - City Council Minutes - January 26, 2004 Korean where in the past it required the printing of thousands of ballots, the first act of the voter will be to turn the wheel to select a language, then press the 'enter' button, the voter then enters the four digit access number by turning the wheel and pressing the 'enter' button, the voter can then scroll through the ballot, vote for a candidate, press 'enter', the machine then automatically goes to each of the different races, this process much faster than has been used in the past. Once the ballot has been voted, the machine goes to the vote summary page which reviews the voter selections, and should a voter change their mind as to a selection the voter merely turns the wheel back to the specific race, correct the vote, press the 'enter' button, the machine also allows a voter to skip a race, thus make individual choices, once the vote is completed the 'cast' button is pressed and when the flag is seen it is known that the ballot has been cast. This voting method also has provision for voting by those having a hearing impairment, are blind, and by those who are severely disabled or handicapped. Mr. Wooldridge mentioned that at the polling places the machines will be plugged in, however each machine is also equipped with an eighteen hour battery which in the event of a power outage guarantees that voters would be able to continue to cast their ballots and record their - votes. He that he did not have with him the second piece of the system, the JVC, the controller unit, the computer chip is in the JVC, the voting machines can be stored in a warehouse for months at a time, but the computer chip is the heart of the machine, that is what controls the prevention of any kind of election fraud, this is a decentralized system, the software has been reviewed and approved by the State of California, this is the voting machine that Orange County chose to select. He explained further that each of the computer chips are checked prior to the beginning of the election to assure that when the polling places receive the chips that go into the controller unit they are blank, as a ballot is cast it is recorded on the computer chip, at the end of the election the polling officials push a button and print a piece of paper that shows the number of persons that voted in that particular precinct, the brain of the machine, the computer chip, is taken to Santa Ana, within a half hour of the chip being delivered to the County there will be results, and noted that a county in Texas similar to Orange County completed their election count by 10:00 p.m., two hours after the close of the polls using this voting system for the first time, the belief is that the long nights waiting for Orange County elections results are in the past. Mr. Wooldridge mentioned there are bookmarks available at the libraries, there is a web site for additional information that is linked to the Registrar of Voters with a simulated voting opportunity or one can call the toll free number, OCVOTES, where there is a menu of choices to answer questions and give directions, a large community outreach program is visiting as many places as possible, and offered their services to Seal Beach community groups for a voting machine demonstration. Mayor Campbell inquired where the voting location will be • at the Westminster Mall. Mr. Wooldridge responded that he did not know the specific location, likely centrally Page Four - City Council Minutes - January 26, 2004 located, the hours Monday through Saturday will be 10:00 a.m. until 8:00 p.m., Sunday 11:00 a.m. until 6:00 p.m. He explained that the only time the 'cast' button can be pressed is after all selections have been made, until the 'cast' button is pressed as many changes can be made as desired, the machine will not allow the casting of a ballot until the 'summary' screen has been reached, therefore it is difficult to cast a ballot accidentically, however once the 'cast' button has been pressed the vote has been cast, the 'summary' page is the safeguard. Mayor Campbell asked what would stop a person from going to their regular polling place and voting a second time if they had already voted at one of the off -site polls. Mr. Wooldridge responded that once a person signs the voting Roster to vote early the County voter data base is accessed, the name of the voter is tagged as having already voted, if that person attempts to go to another early voting site or to their regular polling place they would not be allowed to vote, it is also a felony to vote twice. He mentioned that there is one group of people that will not be able to 'early vote', those are the permanent absentee voters, the PAV voter ballots are almost ready to mail at this time, they are designated PAV on the voter rosters thus must vote by absentee for the March election, if a person wishes to reregister after the Primary to return to a regular voter status, canceling the Permanent Absentee status, they may do so and then vote by machine at any of the 'early voting' sites. Mr. Wooldridge noted that the election is merely five weeks away therefore he would encourage people to learn how the new machine works, the 'early voting' sites and the polling places will have demonstration voting machines, most of the polling places will also have television sets so that the short instruction video can be viewed. He again clarified that the 'early voting' will conclude on February 24th, this will allow time for the Registrar to complete the voter rosters for the polling places to reflect those persons who voted early and those designated as Permanent Absentees. He mentioned that a person will also have the'opportunity to register to vote at the 'early voting' sites until the close of registration on February 16th, however a person registering at an 'early voting' site would not be allowed to vote at the same time in that the voter registration will• first need to be reviewed and processed by the Registrar of Voters and incorporated into the list of authorized voters in Orange County. Councilman Doane inquired if this process will have any impact on the mailed sample ballot pamphlets, the response of Mr. Wooldridge was that in accordance with State law the sample ballots will be mailed thirty days prior to the election, the format will be the same, the second page of the booklet will however set forth directions to vote with the new voting machine. Councilman Larson asked how recount requests would be handled. Mr. Wooldridge said it is felt that recount requests will be a thing of the past because these are the most accurate voting machines that have been developed, the system allows one to have the maximum opportunity to decide which candidate to vote for, and when a voter votes for a specific candidate that vote is clearly recorded for that candidate, when the polls are closed there will be a printout that will show all votes cast in that precinct, Page Five - City Council Minutes - January 26, 2004 the chip that goes to Santa Ana is the brain of the system, a recount would not be as has been known in the past, it is human error that has been the primary cause of recounts and he personally recalled waiting two weeks for election results in Orange County, there will not be those kinds of problems with this electronic system, this is a very simple, easy to use machine, however human beings are fallible, there may be people who have some problems, pointed out that this is a decentralized system, there is no computer modem in Santa Ana that a hacker can get into and change the election, thus people should have a better sense that when they cast their ballot with this system their vote is going to count. Mayor Campbell asked if this system is in place in other California counties or are there other California counties that will be using this system in conjunction with Orange County. Mr. Wooldridge responded that this is the first and only county in California to use this system, it is being used in a number of counties in Texas and Florida, the Registrar of Voters has said he is pleased to have purchased this system, in California there is a process as to how the voting machines are approved, the office of the Secretary of State reviews and approves the software for voting systems, one of the voting companies during the recall election allowed a system to be used where the software had not been approved, in Ohio there was a competition to which hackers were invited, they were able to break into a number of the voting systems being shown in order to influence an election, however they were not able to get through the firewall of this system, in the case of Orange County there was a bipartisan committee made up of representatives of political parties, the League of Women Voters, a number of respected local officials that reviewed the process and equipment and ultimately recommended this as the system to be purchased, the Board of Supervisors did approve that recommendation, and again, the Registrar is quite confident that this system will work, it is an opportunity for Orange County to have this system for the next twenty years or longer. ALAMITOS BARRIER RECYCLED WATER PROJECT The Public Works Director stated that there are two agencies in Southern California that directly protect the ground water, the Orange County Water District which the City deals with directly, yet being on the border with Los Angeles County it is also handled by the Water Replenishment District of Southern California, and noted that since the Council has taken an interest in recycled water before it was felt it would be of interest to have the Water Replenishment District provide a brief presentation on their Alamitos Barrier Recycled Water Project. The Director introduced Adeline Yoon, the Assistant to the General Manager for that agency. Ms. Yoon in turn introduced the Chief Hydrogeologist Ted Johnson, and the Senior Engineer, and Mr. Herndon from the Orange County Water District who is a key partner on the Project. Ms. Yoon said it was felt important to let the City know about this project because Seal Beach is adjacent to the Alamitos Seawater Barrier and the City's drinking water well is also nearest to the project, additionally the District wanted to inform the City that the Department of Page Six - City Council Minutes - January 26, 2004 Health Services is holding a public hearing on Thursday, February 4th. Ms. Yoon explained that the WRD is a ground water monitoring agency created in 1959 to manage ground water in the central and west coast basins, similar to the Orange County Water District, the WRD replenishes the ground water basins, protects water quality, and prevents seawater intrusion, the WRD service area has a spreading grounds similar to the recharge facilities in Orange County, as well as several seawater barriers, in fact the Orange County Water District as well as the WRD share the cost of purchasing water for the Alamitos Barrier, that Barrier has protected both counties since the 1960's from seawater intrusion, the Barrier uses about two billion gallons of imported water from the Colorado River and from Northern California, at this stage they are looking for an alternative and reliable source of water for the Barrier, the reason for that is that this region is facing a dwindling supply of imported water. Ms. Yoon offered that this project was designed and constructed to replace about half of the imported water with highly treated recycled water, the facility will receive Title 22 treated recycled water that can be used to irrigate land, it will treat the recycled water even further with advanced technology, and will blend the treated recycled water with imported water and put that into the Alamitos Barrier. She mentioned that there are many benefits of the Project, it will improve the reliability of water supply to the Seawater Barrier which will protect those inland from seawater contamination, will decrease reliance on imported water, increase recycled water use, and conserve water. Ms. Yoon said the Leo J. Vanderlans Water Treatment Facility is located in the City of Long Beach on Rose Street adjacent to the 605 Freeway, photos were shown of two typical barrier wells located at the Alamitos Seawater Barrier, photos of some of the technology that will be used to treat the recycled water, a microfiltration unit, the reverse osmosis membranes, the ultra violet treatment system, the Project meets stringent Department of Health Services criteria, the recycled water that comes from this facility will meet drinking water standards, in fact it is near distilled water quality, additionally, the well in Seal Beach, which is closest to the Barrier, is over twice that of what is required by the Department of Health Services, the travel time to get to this well is doubled what is required by the Department of Health Services, and the recycled water that will be blended and put into the Barrier will be fifty percent. She advised that there will be extensive monitoring of this Project, the WRD will regularly monitor at least eight wells between the Seal Beach well and the Barrier, the samples tested extensively for a suite of all drinking water, regulated and unregulated chemicals, as well as other constituents to ensure safety and high water quality. In the vicinity of the Seal Beach well there are three monitoring wells, a three -month well, a quarter distant well, and a half distant well. In summary, Ms. Yoon stated that this Project will provide high quality recycled water to the barrier wells to ensure long term protection and reduce imported water needs, the technology used for this project is very similar to that which is used in several other local barriers as well as that used by the Orange County Water District ground water replenishment system, Page Seven - City Council Minutes - January 26, 2004 there are multiple safeguards in the Project to ensure water quality and public safety, and the Project will only proceed with the full approval from the Department of Health Services and the Regional Water Quality Control Board. Mayor Campbell asked if any of this water will end up in the drinking water, primarily when used for irrigation, as some of this would be recycled water. The Chief Hydrogeologist responded that the water that would be injected into the barrier wells will be a mix of fifty percent imported water and fifty percent recycled water, blended together and put into the aquifers, therefore any nearby production wells that might be drawing water may pull out some of the highly treated water. Appreciation was extended for the presentation. ORAL COMMUNICATION Mayor Campbell declared Oral Communications to be open. Ms. Jackie Shaw, Leisure World, Mutual 1, said she has been an election officer three times, she has concern with election tampering, her team did find double voting, there was a deposition, they observed things, some have observed things for twenty plus years, they were told by a congressional attorney that they need help from the City Attorney, possibly details could be gone over at another time and in a more appropriate setting. Councilman Yost questioned if the reference was to Mutual elections in Leisure World, local or State elections. Ms. Shaw said her reference was to when she was an Inspector before and it was proven ten years later, there are many ways it is happening at Seal Beach Leisure World, the suggestion for a simple solution was that there be a post office box and an independent auditor. Ms. Joyce Parque, Seal Beach, said she really wanted to talk about the twenty questions she provided at last meeting, the paper did not print half of the questions, as said, there is an election coming up and it is important that some of the issues come out so that when there are town hall meetings in College Park East possibly people can become aware of some of the problems in Old Town, she looks forward to town hall meetings and discussions on these issues. Of surprise to her was that the City Manager would want a pay increase five weeks before an election, it is believed that his contract is until 2006, the request is for a severance pay increase from twelve to eighteen months with medical benefits. At the last election there was discussion that when the City came into more money there would be a cut in the utility tax, so if the City is flush with money now as the Mayor said, why not cut the utility tax, the Manager request should wait until after the election when the person elected in College Park East has an opportunity to meet the City Manager and decide if the Council wants to increase the pay and time, and read excepts from a January news article relating to potential State take -aways of vehicle license fees and property taxes, with the latest proposal the loss of an additional $231,000 for fiscal 2004/2005, that there is no more fat to trim, the City can not have any revenue losses, services will be affected. Ms. Parque said she talks to Leisure World residents on Main Street and the pier, they are trying to decide how they can afford the parking meter tax. Ms. Sue Corbin, Seal Beach, said the Long Beach newspaper reported that the City has joined Page Eight - City Council Minutes - January 26, 2004 a Cerritos lawsuit, questioned how that was agreed to. Ms. Corbin made reference to the request for increased compensation for the City Manager, there was no mention of merit pay, claimed that he has not treated employees of the City well, some have no contract yet the Manager wants a contract until 2009, there has to be good faith negotiations and treat the employees with respect, this request denies the next Council decisions. There has been nothing done about wage theft, people stealing on the clock. Why has Seal Beach Boulevard never been compacted, it was never done right, and now the contractor has gone. How can the City let the lessee buy Zoeter without a business appraisal. How can the City join a lawsuit when it has not appeared on the agenda. When someone agrees to run for a City position they also agree not to malign other people, slander, libel, and malign other people and their relatives, it is also wrong that someone can serve eight years on the Council and roll that over for a City Clerk position, work two years and get a full retirement. Donald Shoemaker, Senior Pastor of Grace Community Church, noted that sixty years ago a group of local people established their church in Seal Beach, gatherings were held at City Hall, at the site of the present Walts Wharf, and a backyard on 4th Street among other places, the people of the new congregation purchased five lots at the corner of 8th and Central for $1,100 each, later two lots for $3,800 for a total cost of $9,300, the property became the home of the First Brethren Church of Seal Beach, church services were first held in the present facility in March of 1947, in 1985 the name was changed to Grace Community Church. Pastor stated that next month the Church celebrates sixty years of serving Christ and community, next Sunday also marks his twentieth anniversary as Senior Pastor, on February 22nd the Church will host an evening featuring sacred music of seven decades to which the community is invited, and next month the Church will sponsor the monthly breakfast meeting of the Chamber of Commerce, over three hundred people who are part of the Grace Community Church family call Seal Beach their home, the Church is happy to participate in the community and perform useful services such as frequent blood drives, the Church is delighted to be part of the community and looks forward to many more anniversaries here. Mr. Richard Whitehair, freelance photographer, Huntington Beach, formerly Seal Beach, said he believed that he is a victim of the truth, from the time he learned of the glue in the sand last year he knew there was a problem that the public deserved to know about, it was predictable that it was unpopular to carry the torch for truth, justice and an open spirit in taking care of the matter appropriately, he has received more than sand in his eyes over his honesty. Mr. Whitehair stated that he has been terminated from his photography relationship with the local newspaper, it is depressing and humiliating, how does he fight back, he believes it is a matter for the Council too because the issue of the glue contamination in the beach sand for the festival is city business, the Council needs to lead the way to make it right and demonstrate the honesty that will allow the matter to be resolved fully before moving on prematurely, this is his Council and it is the Council and his sand that became contaminated with glue, it is his life Page Nine - City Council Minutes - January 26, 2004 that is being yanked out from under him for not being willing to turn his back on the truth, on justice, on the people of Seal Beach. Will no one stand up for what is right, is he a lone voice for honesty and the welfare of the citizens, those who would slay the messenger have a pretty poor aim, those responsible are the appropriate targets, and requested Council support. Ms. Mitzi Morton, Seal Beach, said several residents were not able to be in attendance and they asked her to speak out on Item N. She said she wanted the City Manager to know that he may be a great Manager and deserves a pay raise, however the prior Manager cost the taxpayers thousands of dollars that could have been prevented if the right decisions had been made, the residents do not want that to happen again. Ms. Morton said the agenda report does not give the Council or public enough information to evaluate the amendments requested, a copy of the contract and prior amendments should have been included for review, the members of the Council do not really know the salary and benefits being paid now, what is the current salary versus the Chief of Police and Police Captain, why an increase of ten and fifteen percent, the dollars involved, are there any written guidelines, can the City afford such increases at this time with the current budget crisis, what benefit is it to the City to extend severance pay and health insurance from twelve to eighteen months, the residents see no benefit to the City, what is the urgency to extend this contract at this time, can it not wait a few more months, Item "N" should be tabled until after the election and until the public and the Council receive more information. Ms. Donna McGuire, Seal Beach, countered that she has never heard Mayor Campbell say that the City was flush with money, that statement was totally wrong. With regard to the City Manager compensation, agreed that the agenda report was not clear, the upcoming election is not relevant to the Manager requesting an increase, to the question as to why would he want an increase, of course he does, people get cost of living increases, he is a good City Manager, the City needs to keep him, the question is'whether the City can afford to give him a raise, the answer is that the City can not afford not to, it costs a deal of money to hire a new City Manager, Mr. Bahorski is well respected in the community and in Orange County, he should get an increase, it is believed that the report indicates it would be a ten percent increase but no one gets ten percent. Ms. McGuire spoke for having the item continued, the numbers need to be clear and the public given the opportunity to review the data, again, he deserves an increase, the police deserve to be well paid, it costs a great deal to replace people, continuity is wanted with the employees. Ms. McGuire mentioned watching the meetings over the years, seeing the Council being attacked during Oral Communications, it is surprising that some members of the public have not been sued for slander and liable. Ms. Rita Brenner, Trailer Park, expressed her opinion that the City Manager should not be granted a raise, it is a bad time, the election is too close, a speaker suggested that a member of the public should be sued for slander, yet the Council is open to comments, there have been interruptions of public speakers, at one time it was suggested that if the seniors wanted to know something they should come to the meetings, that is Page Nine - City Council Minutes - January 26, 2004 sometimes difficult. Ms. Brenner recalled when the Council voted to contract with the cable company, the contract is forever, she would hope that the City could retain a different company, their expenses are much too high, her feeling is that all seniors, especially those on a fixed income, should be able to have a special rate for cable television, many can not drive or walk to Council meetings. With regard to the compensation of the Manager she again suggested that that be held over until after the election, give the new person a chance to meet and get to know the Manager. There being no further comments, Mayor Campbell declared Oral Communications closed. CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The Manager said ordinarily he does not respond to newspaper articles however in honor of Kathy and Rob he was going to respond to-a letter to the editor in the local paper. The Manager noted that there was an issue raised with regard to canceling membership in the League of Cities, that was in the Parque letter, however it needs to be understood that the League is basically the City's lobbying firm, they lobby on behalf of cities, there is no more potent organization for local control in Sacramento than the League, and more importantly if the City were to pull out of the League then Councilman Yost would no longer be able to serve on the Rivers and Mountains Conservancy which brings grant money to the City because he could not attend the three League meetings he is required to attend, therefore the Council would be void of any opportunities to participate on a regional basis. He noted that at one time the City looked at hiring a lobbyist in Sacramento however found that to be quite expensive, thus from a low cost perspective the League of California Cities is the way to go. The second issue raised was to stop paying performance pay to City employees, to that the Manager responded that he has never ever given a'pay for performance bonus to any department head, that provision is in the Memorandum of Understanding however is inactive, years ago there was a trend to have a pay for performance provision because it was not pension building, it was invoked for a while but - has not been used during his tenure. The next issue was going back to the five day, eight hour work week, to that the Manager explained that City Hall is open fifty -six hours a week which mandates that there be various types of employee schedules, 4 /10's, 5/8's, there was a suggestion to close City Hall as a budget reduction, that could be done, the Police work three options, a 3/12 plan, a 4/10 plan, and a 5/8 plan, in the police services study that will be looked at, there will be an answer to that soon. It also needs to be recognized that day in and day out he deals with three types of people, the Gen Xers, Gen Yers, and the baby boomers, then there is the City Clerk, Gen Xers and Gen Yers are different, they are not time clock people, Frederick Taylor's theory of scientific management went out many years ago, you do not motivate Gen Xers and Gen Yers with punch a time clock 5/8, lifestyles have changed, two parent incomes, the City could likely not recruit the people that it needs to recruit with a 5/8 Page Ten - City Council Minutes - January 26, 2004 plan. The next comment was that the taxpayers should not be paying for college experiences for employees, to that the Manager explained that the employees benefit by going to college, one of the famous trainers in the world once said that there is only one thing worse than training them and losing them and that is not training them and keeping them, the skills in this City are enhanced by having people go to college, the City may lose them, they may move on to better places but while they are in this City and go to college to take classes they benefit all. Question was raised as to who is responsible for the damage to the pier by the large earth movers, that was CatTrac, he explained that they did hit the pier, staff is aware of it, they will pay for it, there was an inspector on site all the time, it will be repaired. Another was why does the City take its police cars to the Sunset Beach car wash instead of the Seal Beach car wash, the answer is that it is cheaper, question, does the City pay sales tax on car washes, the answer is no, if the Seal Beach car wash lowered their price would the City be there tomorrow, the answer is yes, why, the City uses the cheapest car wash possible. The next issue was the pond, the pond is in existence because it is a metaphor for a City Manager's life, there are five fish, named for each member of the Council, there is another tiny fish that is chased around by the five other fish and gets its tail bit, that is what his life is like daily, he confirmed that the upkeep does cost $100 per month but it is a metaphor for his life, if it were to be filled in it would kill all five members of the Council and • the City Manager. To the issue of ninety percent salary upon retirement, three percent at fifty, the Manager said there have been more stories in an Orange County newspaper than he would care to imagine with regard to the three percent at fifty, nonetheless that is a benefit that they - have, the Police Department got that benefit, other departments have moved in that direction, is it expensive, is it hurting the budget, the answer is yes, but once again it is a recruitment issue, can the City keep pace with it and recruit officers, if it was not there, the answer is likely no. The Manager suggested that people step back and look at the euphoria of the Bixby project, a benefit of being a City Manager is that one gets to look back and read the minutes, during the Bixby Ranch project there was euphoria, the City was going to build the Old Ranch Tennis Center, gave the police money, the world was going to be good, however there was a down business cycle, it never generated the revenues to the level that was thought, so decisions were made during a euphoric time, not much can be done about that at this point. Another comment seems to be a bark gap in Seal Beach, not dog bark but tree bark, how successful has this City Manager been over the past three years, the arguments have been reduced to tree bark, if that does not calm Seal Beach down he would not know what to say, arguing whether there should be tree bark or not have bark, his feeling is that there is a bark gap, staff will try to fix that by filling in the areas as best can be done. The Manager stated that some of the answers may have been tongue in cheek, however to what he has tried to explain to the letter writer is that rather than listening to rumors to call the City Manager and he will provide the absolute truth whether the answer is liked or not, Page Eleven - City Council Minutes - January 26, 2004 sometimes problems can not be solved, yet he would hope that his response answers those questions. COUNCIL COMMENTS Councilman Yost agreed that the League of Cities is a valuable organization to which the City should belong for many of the reasons outlined, it is the lobbying force for the City, an example is an initiative that the League is sponsoring that would limit the amount of revenue that the State can take from local communities, this because whenever the State budget deficit grows and creates a fiscal crisis the State attempts to balance the budget on the back of the cities, similar to the ERAF in the 1990's, the League does in fact lobby on the behalf of communities, for the City to not be a member would take away considerable clout, also the involvement of the City • has resulted in a significant amount of grant money through the Rivers and Mountains Conservancy and other programs to which the City has appointed members. With regard to the Zoeter property, Councilman Yost said he has asked that the issues surrounding that project be made available for the information of the public. Mayor Campbell denied having ever said that the City is flush with money, she wrote two articles that appeared in the local papers and are on the City's website, the second article was on the budget and explains where the money goes, noting that about forty percent of money received is earmarked for specific things, those funds can not be diverted otherwise they would be lost. With regard to a comment relating to retirement Mayor Campbell mentioned that the City Clerk has worked for the City for thirty -four years, has survived six elections, she deserves a retirement, whomever is the next City Clerk will also receive a retirement depending on the length of time with the City. As to the cable contract, the initial contract was for fifteen years, the second is for ten years, a compromise between five and fifteen, the reason for not wanting to go with fifteen was that the technology was going to change, at the time it was also known that Comcast was going to be sold, Adelphia took them over, a primary difficulty was that they own all of the equipment that is in the streets, to go to another cable company would require reinstalling all of the infrastructure, also explained that although the City holds the franchise the rates are approved by the FCC, not the City, the cable industry has a powerful lobby in Washington, D.C., it is Washington where complaints would be lodged. With regard to reduced rates for seniors Mayor Campbell pointed out that the rates in Leisure World are less, that is the result of the method of billing, which is a single bill to Leisure World, and the fact that their cable is installed on the power poles rather than in the streets which is less costly. Mayor Campbell agreed with the comments of Councilman Yost with regard to participation of the City in the League, the Council attends their meetings, networks with other cities to obtain information as to how to get things done for the City, Councilman Yost is on the Rivers and Mountains Conservancy, she was appointed to the Airport Land Use Commission, Councilman Larson in on the Veterans Affairs Committee and makes presentations during conferences and seminars, the benefits received by being a member of the League far outweigh the cost. Page Twelve - City Council Minutes - January 26, 2004 It was the order of the Chair, with consent of the Council, to declare a recess at 8:32 p.m. The Council reconvened at 8:52 p.m. with Mayor Campbell calling the meeting to order. APPOINTMENT - PROJECT AREA COMMITTEE Councilman Antos moved to appoint Ms. Lois Lohrke as the District One resident member of the Project Area Committee for the unexpired two year term ending July, 2005. Councilman seconded the motion. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried APPOINTMENT - RECREATION and PARKS COMMISSION Councilman Doane moved to appoint Ms. Dona Smith as the District Five representative to the Recreation and Parks Commission for the unexpired three year term ending July, 2006. Councilman Larson seconded the motion. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried CONSENT CALENDAR - ITEMS "G" thru "W" Doane moved, second by Yost, to approve the recommended action for items on the Consent Calendar as presented, except Items "N" and "R ", removed for separate consideration. G. 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. H. Approved the minutes of the regular adjourned and regular meetings of January 12, 2004. I. Accepted the resignation of Ms. Kathy Hamilton the District One appointee to the Citizens Participation Committee, and declared the position to be vacant. J. Approved regular demands numbered 44895 through 45055 in the amount of $970,281.04, ADP payroll demands numbered 7811178 through 7811253 in the amount of $176,914.50, and authorized warrants to be drawn on the Treasury for same. K. Received and filed the Monthly Investment Report for December, 2003. L. Approved the second reading and adoption of Ordinance Number 1512 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING ARTICLES 4, 5, 7 AND 8 OF TITLE 28 OF THE CODE OF THE CITY OF SEAL BEACH TO PERMIT SECOND RESIDENTIAL UNITS MEETING CERTAIN CRITERIA." Page Thirteen - City Council Minutes - January 26, 2004 By unanimous consent, full reading of Ordinance Number 1512 was waived. M. Approved the second reading and adoption of Ordinance Number 1513 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002 -01 (HERON POINTE) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THAT DISTRICT PURSUANT TO AN AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES." By unanimous consent, full reading of ' Ordinance Number 1513 was waived. 0. Received and filed the Public Works Department specifications for cleaning of the sewer system. P. Received and filed the Public Works Department specifications for a replacement wash rack for the City Yard facility. Q. Adopted Resolution Number 5202 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 04 -20, FOR THE INCREASE IN EQUIPMENT EXPENSE FOR THE PURCHASE OF A 1999 FORKLIFT," (Purchase Agreement - Hyster Forklift). By unanimous consent, full reading of Resolution Number 5202 was waived. S. Adopted Resolution Number 5203 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 04 -17, FOR INCREASE IN WAGE AND EQUIPMENT EXPENDITURES IN THE TIDELANDS BEACH FUND." By unanimous consent, full reading of Resolution Number 5203 was waived. T. Adopted Resolution Number 5204 entitled "A RESOLUTION OF THE CITY COUNCIL THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 04 -18, FOR INCREASE IN JUNIOR LIFEGUARD MATERIALS AND PART - TIME OVERTIME WAGES." By unanimous consent, full reading of Resolution Number 5204 was waived. U. Adopted Resolution Number 5205 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 04 -19, FOR THE INCREASE IN SURF CLASS PROGRAM WAGES AND MATERIALS." By unanimous consent, full reading of Resolution Number 5205 was waived. Page Thirteen - City Council Minutes - January 26, 2004 V. Received and filed the Public Works Department staff report relating to the Seal Beach Boulevard and I -405 Freeway bridge approach widening design update. W. Adopted Resolution Number 5187 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADDING SECTION 5.E.25 TO RESOLUTION NO. 5141, ESTABLISHING THE RATES AND AMOUNTS OF FEES AND CHARGES TO IMPLEMENT THE PROVISIONS OF CHAPTER 11B, NEWSRACKS, OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 5187 was waived. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "N" - RESOLUTION NUMBER 5201 - CITY MANAGER CONTRACT AMENDMENT Councilman Yost said he was somewhat torn with regard to • this item, he has received calls from some rational people posing some significant questions relative to this item. He stated he is happy with the City Manager on a number of issues, water quality in particular, he has done an excellent job with that, there are now grates on the storm drains, a boom project on the San Gabriel River, there have been some significant in -roads with regard to water quality issues, the Manager had a lot of expertise that he brought to Seal Beach, he has also been an excellent Manager with regard to fiscal issues, it seems he foresaw many of the fiscal problems coming in ways that other cities did not, the northern City of Richmond is about to declare bankruptcy, because of the work the Manager has done Seal Beach is on fairly solid fiscal ground at present, mostly because of the hiring freeze and finding ways to do things more efficiently while still providing basic modicum of services, the reserves have increased, one of the better fiscal- Managers he has had the pleasure of working with, he has also been good in working on some of the issues of importance to him personally such as getting the severely degraded Hellman wetlands into public hands, sorting through the various possibilities for doing that. Councilman Yost said with issues that he refers to the Manager, doing most of his work from home through e-mail inasmuch as he does have another job, in most every instance he gets a twenty -four hour.turn- around and in most cases the issue or concern is taken care of, that is appreciated, the Manager has also given good advice on issues as to his impression of what should be done when his opinion has been sought. Councilman Yost said the Manager is somewhat of a victim of his own success because he has convinced the Council of the fiscal problems that the City is facing with the State budget deficit, it makes it difficult to approve a long contract extension and a raise, especially when there is apparently no current police contract nor facts and figures as to what is being requested as part of the record that the public should have an opportunity to see before any action is taken. His Page Fourteen - City Council Minutes - January 26, 2004 quandary is what to do when rational people are asking for facts and figures, how is he compared to other City Manager's, that that be looked into before approving anything, his feeling is that it is his duty to get that information to his constituents. Councilman Antos said he had asked for this to be considered off the Consent Calendar for a couple of reasons, first, the City has started the process of performing a police study as to what the staffing levels ought to be, what will come out of that study is unknown, the final ramifications of the State budget are not known, his feeling is that until it is known what comes out of the police study and what the police employees are asking for it would be prudent to hold off on this item. He stated he too receives fast responses and turn - arounds to questions asked, as well as fast resolution of problems from constituents that he has submitted, his concern is with some of the unknowns. Councilman Yost noted that the term of a city manager's contract is basically irrelevant, city managers are in a precarious position, usually lasting from about four to six years in any one location because they are at -will employees of the majority of the Council, even if a contract extension is approved if there are three votes asking for the removal of the city manager he does not then have a job, it is one of the more difficult jobs, he would tend to wager that it is more difficult than the small feeder fish being attacked by the five larger fish in the•pond. Mayor Campbell recalled an earlier statement that it is very expensive to replace a City Manager, that is a correct statement, in the case of the current Manager it took six months to find him and bring him onboard, however he is worth every penny and effort that the City went through, he has built up the reserves from about $3 million to $7.1 million, reserves are to be used for emergencies, an example would be the pier fires, not operating expenses, a $500,000 reserve has been established for the potential impacts from the Poole case, a property tax case, the final resolution of which is not yet known nor the impact on cities, also the impact of the Governor's budget. Mayor Campbell noted that while attending a League meeting soon after the selection of the Manager people were amazed that Seal Beach was able to retain him, he is well thought of and respected in Orange County, to fill the Dana Point Manager position the salary was $145,000 plus a house and plus a car. The Mayor mentioned that the percentages were in the agenda report, a number of his accomplishments have been noted, to say that the employees do not like him is not correct. Mayor Campbell said the Manager had one raise a year and a half after being hired, it is now a year and a half later, asked if he deserves a raise, the answer is yes he does, to not approve a contract extension would be like a vote of no confidence, there will soon be a new member of the Council, that person has not had the opportunity to work with the Manager, how can someone give an appraisal of the work product who has not worked with the person, the current Council has. Mayor Campbell offered that the Council can either take an action on this item at this meeting or put forth the numbers for public information or hold the item over until the next meeting. Councilman Larson suggested that the Council recall the work that went into hiring the City Manager, a recruitment expert was retained, the Page Fifteen - City Council Minutes - January 26, 2004 Council went through a number of meetings to evaluate the type of person the Council was seeking as a City Manager, evaluated the goals, the things that were desired to be accomplished, a number of people were interviewed, all of whom were highly qualified, this City Manager was above the rest in the areas that were most important to the Council, particularly the water issues and financial security, the City hired the best and from his observance he has done nothing during the time he has been here to change that opinion. Councilman Larson noted that the other issue is the matter of compaction, not compensation, the Manager should be the highest paid employee of the City, higher than the Police Chief and the Police Captain, yet what has happened over time, known only to those before, is that that relationship became skewed, this is an attempt to resolve the issue of compaction for the benefit of all, particularly the Manager who has served the City well and has the City headed towards financial security, in view of the very uneasy financial situation of the State there is no guarantee that something will not happen in Sacramento so that the City does not receive its money. Councilman Larson agreed that the persons that should be voting on this item, which will result in a pay increase and more secure employment, are those who have observed and worked with the Manager over these past years, a new member of the Council will not have had that opportunity until they have sat on Council for some time, this is the time and place to resolve the compaction problem between the Chief, Captain, and Manager, and recognize the abilities he has and encourage him to stay with the City, because if it were felt that he was not happy with Seal Beach there are a number of cities that would be approaching him to work for ' them, that would be a considerable loss to Seal Beach. Councilman Larson moved to adopt Resolution Number 5201 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AMENDMENT NO. 3 TO THE EMPLOYMENT CONTRACT BETWEEN THE CITY AND JOHN BAHORSKI FOR CITY MANAGER SERVICES." Councilman Doane seconded the motion. Councilman Doane pointed out that the contract amendment does not go into effect until July 1st, if the police study should show something that is different than the comments relating to compaction then changes could be made in July, the July 1st effective date was done for this purpose as was discussed during the evaluation. With the permission of the City Manager, Mayor Campbell announced that the current salary is $129,849, the increase to solve the compaction problem would bring the salary to $136,572, a 5.1% increase or $3.33 per hour, and again noted that the person who replaced the City Manager in Dana Point came in at $14 plus a house and a car. To the question as to where the Manager's salary fits in comparison to other City Manager's, the response was that out of thirty -four cities in Orange County he is eighth from the bottom, and although old data, for small cities about 8.58% behind the average. AYES: Campbell, Doane, Larson NOES: Antos ABSTAIN: Yost Motion carried Page Sixteen - City Council Minutes - January 26, 2004 Councilman Yost said that during his time on the Council he did not believe he has abstained on any item, on this he just could not decide what to do. Mayor Campbell said she strongly believes in the Council action, the Manager has earned this adjustment. Councilman Yost suggested that possibly the Manager's evaluation and contract should be considered in December, in that way the members of the Council and the Manager would have worked together for at least nine months rather than an evaluation at the time of an election. ITEM "R" - DRAFT 2004 REGIONAL TRANSPORTATION PLAN / DRAFT PROGRAM EIR - DESTINATION 2030 - COMMENT LETTERS Mayor Campbell made reference to the comment letter to the Southern California Association of Governments relating to 'Land Use Policies' and proposed language additions. The Development Services Director noted that the Council had been provided a copy of the paragraph reflecting the revised language to read The City of Seal Beach does not support a strategy whereby funding for Orange County transportation projects related to operating and maintenance of existing facilities becomes tied to local land use decisions over which OCTA has no control. The City of Seal Beach recommends removing this language from the document. However, the City of Seal Beach wishes to clearly state that capital improvement projects, particularly those involving acquisition of public or private properties, will be evaluated independently by the City. The City has strenuously objected to the previous proposals for right -of- acquisition for improvements along the I- 405 /SB 22 freeway corridors and will continue to do so if those proposed acquisitions are viewed by our City in a detrimental light." Larson moved, second by Yost, to authorize the Mayor to sign the comment letters as revised, and instructed staff to forward the staff report and said letters to the Planning Commission and Environmental Quality Control Board for information purposes. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ORDINANCE NUMBER 1515 - ADOPTING BY REFERNCE TITLES 1 THROUGH 9 OF THE SEAL BEACH MUNICIPAL CODE The City Manager mentioned that when he came to Seal Beach there was an outdated Charter, a difficult to read City Code, no Local Coastal Plan being considered, and other documents that are commonly referred to as building block documents. The Manager noted that Titles 1 through 9 are the first steps towards revision of the Municipal Code, is intended to be easier to read, less lengthy, this process has taken over eighteen months with the Council devoting numerous hours to workshop review. He reported that the proposed revised Code will be on the website and in each of the libraries for public review, that there are three Titles not included, the Building Code, Subdivisions, and the Zoning Code which will remain as they exist pending adoption the Local Coastal Plan. Yost moved, second by Doane, to approve the introduction and first reading of Ordinance Number 1515 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING BY REFERENCE Page Seventeen - City Council Minutes - January 26, 2004 TITLES 1 THROUGH 9 OF THE SEAL BEACH MUNICIPAL CODE (2004 EDITION)." By unanimous consent, full reading of Ordinance Number 1515 was waived. (Anticipated second reading is April 26, 2004). AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried PLANNING COMMISSION MEMO - HEIGHT RESTRICTIONS - TRAPEZOIDAL LOTS Councilman Yost said he would remove himself from this discussion inasmuch as his home is on a trapezoidal lot, and left the Council Chamber. The Associate Planner reported that about three months ago the Planning Department received an application for a variance to the Municipal Code to construct a third story on a residential property in Old Town that abuts an alley near Electric Avenue on a trapezoidal lot. He noted that staff had been interpreting the provision of the Code in question which is that if one has a 37.5 foot or wider lot a third story can be built on the back half of the residential property, the Planning Commission had made an interpretation some time ago that in order for that provision to be applicable both sides of the lot needed to be 37.5 feet wide or wider, upon conferring with the office of the City Attorney it has been determined that that interpretation is not correct, the correct definition is set forth in the Municipal Code and would essentially be the mid -point of any lot. The Planner stated that upon staff analyzing the situation there are some lots, particularly those that front Electric Avenue, that are trapezoidal in shape and would qualify to build a third story on the rear half of the lot, to that the Planning Commission has some concerns and has forwarded a memo to Council recommending an urgency moratorium to further clarify the definitions within the Municipal Code in reference to lot widths. The Planner confirmed that this is primarily an Old Town issue only because of the nature of the streets running at strange angles. Councilman Antos agreed that this issue most likely needs to be looked at and a procedural method developed for consideration by the Planning Commission and Council, therefore moved to recommend that a moratorium be established to allow staff time to address this issue, suggesting that it is possible that these kinds of buildings are not what the Commission and Planning staff would like to see in these areas. It was noted that the motion would be a directive to staff to prepare an urgency ordinance for consideration at the next meeting, requiring only a majority vote, at such time as an urgency ordinance is considered there would be a requirement for four affirmative votes. Councilman Larson offered that he would vote for the motion however that does not mean he would support an urgency ordinance. Mayor Campbell seconded the motion. AYES: Antos, Campbell, Doane, Larson NOES: None ABSTAIN: Yost Motion carried Page Eighteen - City Council Minutes - January 26, 2004 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 Monday, February 9th at 6:30 p.m. to meet in Closed Session if necessary. By unanimous consent, the meeting was adjourned at 9:26 p.m. THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes approved: