Loading...
HomeMy WebLinkAboutCC Min 1997-06-09 6-9-97 Seal Beach, California June 9, 1997 I The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Campbell, Hastings Absent: Councilmember Fulton Also present: Mr. Barrow, City Attorney Mrs. Yeo, City Clerk The City Manager joined the Council in Closed Session. Hastings moved, second by Brown, to excuse the absence of Councilman Fulton from this meeting. AYES: NOES: Brown, Campbell, Forsythe, Hastings None Motion carried I APPROVAL OF AGENDA Brown moved, second by Hastings, to approve the order of the agenda as presented. AYES: NOES: Brown, Campbell, Forsythe, Hastings None Motion carried ORAL COMMUNICATIONS There were no Oral Communications. I CLOSED SESSION By unanimous consent, the Council adjourned to Closed Session at 6:31 p.m. to discuss the three items identified on the agenda, pursuant to Government Code Section 54956.9(c), a conference with legal counsel with regard to initiation of litigation in three potential cases where certain property owners have not paid in-lieu parking or other fees, pursuant to Government Code Section 54956.8, a conference with the City's real property negotiator with regard to property identified as parcels numbered 199-044-1, 100-044-2, 199-044- 3, and 199-044-4, Frank J. Curtis, Trustee, FJC Management, with regard to price and terms of payment, also property located at 3900 Lampson Avenue, Ron Bradshaw, with regard to terms of possible transaction. The Council reconvened at 7:11 p.m. with Mayor Forsythe calling the meeting to order. The City Attorney reported that the Council had met in Closed Session to discuss the items listed on the agenda, the Council gave direction to staff relating to the first and second items, and continued discussion of the third item until tentatively 9:00 p.m. ADJOURNMENT Hastings moved, second by Brown, to adjourn this meeting 6-9-97 until approximately 9:00 p.m. to continue the Closed Session discussion. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried I The meeting was adjourned at 7:12 p.m., then reconvened at 9:20 p.m. at which time, by unanimous consent, the Council adjourned to Closed Session for continued discussion. The Council reconvened at 10:00 p.m. with Acting Mayor Forsythe calling the meeting to order. Councilmember Campbell was absent from the Chamber. The City Attorney reported that the Council had discussed the third item listed on the adjourned meeting agenda, a conference with the City's real property negotiator relating to property located at 3900 Lampson Avenue, and announced that the Council authorized the City Manager to open negotiations with the Bixby Development Company with a goal towards preserving the tennis court facilities and club house. By unanimous consent, the meeting was adjourned at 10:01 p.m. to reconvene and adjourn the regular meeting. and ex-off cio Clerk of Seal Beach I Approved: ;;t' o. ./ - - /1 ~ I I . I Attest: Seal Beach, California June 9, 1997 The City Council of the City of Seal Beach met in regular session at 7:12 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Campbell, Hastings I Absent: Councilmember Fulton Brown moved, second by Hastings, to excuse the absence of Councilman Fulton from this meeting. 6-9-97 AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, City Engineer/Director of Public Works Chief Stearns, Police Department Officer paap, Police Department Ms. Beard, Parks and Recreation Director Mrs. Yeo, City Clerk APPROVAL OF AGENDA Councilmember Campbell requested that Council Concerns be reversed on the agenda, held after Oral Communications~ that Item "R" be removed from the Consent Calendar for separate consideration, and a member of the audience requested that Item "I" be removed from the Consent Calendar. Brown moved, second by Campbell, to approve the order of the agenda as revised. I AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried I ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Jim Sokoloff, 5th Street, protested the regulation inflicted on him at the Seal Beach pier parking lot, read a memorandum from the Lifeguard Captain to the parking lot personnel advising of the authorization for a discounted parking fee for beach lot visitors displaying a valid handicapped plaque, fifty percent of the rate at the time of entry, effective immediately and on-going until further notice, noting that it is understood that persons with handicapped parking plaques have been admitted to the lots without charge in the past, however there is no known authorization for the waiver of the entire parking fee. He charged dereliction of Council duties in that four staff persons were allowed to bring about the no free disabled parking, a conspiracy to deprive 2.5 million California motorists of their federal civil rights. He reported having gone to the Police Department where the front desk refused to take his complaint, upon claiming violation of California Vehicle Code Sections 22511.5 and .7 he was treated in an ill-manner by the watch commander. He noted that CVC Section 22508 defines the procedure to be followed for approval of any parking fee proposal in order to be enforceable. He claimed violation of his civil rights as provided by Section 502 of the Americans With Disabilities Act of 1990, and a twice in one day denial of equal protection under the law solely because of being disabled. Mr. Sokoloff continued with the reading of cve 22507.8, disabled parking, 22508, parking meter zones. The Mayor acknowledged the concern of Mr. Sokoloff, however noted that 6-9-97 as an oral communication the Council can not take an action at this meeting, and requested that his information be provided to the Council so that this issue can be researched and rectified if found to have been handled incorrectly. Mr. Sokoloff claimed that the City Manager asked some two weeks ago that the City Attorney provide an opinion regarding his I concern, to which Mr. Sokoloff was informed this is not an agendized topic for discussion. He cited CVC Sections 22507.8 through 22519 and Title II of the Americans with Disabilities Act, then made reference to the case of Norton versus Shelby County, Constitutional Law 2029. Mr. Sokoloff requested that this taxation be ceased immediately and that all monies be impounded until this issue is resolved. Mayor Forsythe asked that Mr. Sokoloff contact the City Manager's office the following day to make an appointment to meet with Councilman Brown and another member of the Council and the City Manager at which time the referenced materials can be reviewed. Ms. Joan GOldberg, member of the Archaeological Advisory Committee, mentioned that two of the Committee members resigned some time back however those positions have not been filled, the consequence of that was a lack of quorum for the last meeting, it is understood also that another has submitted a resignation, and another may. She stated with summer and vacations coming and given this is an important time for this Committee, it has been suggested by members of the Committee that appointments be made at the next Council meeting and possibly change the quorum requirement based upon I seven rather than ten members. Councilman Brown offered that he could make an appointment at the next meeting. It was noted that the next Committee meeting is believed to be August 5th. Ms. Dorothy Whyte, College Park East, posed questions which she requested be answered later in the meeting, if it is legal to hold secret/closed meetings at City Hall, the Bixby 'compromise committee' meetings last fall an example, were there minutes of those meetings, how were those meetings conducted, are the replay of the Council meetings being edited as has been alleged, by whom, and what is the criteria. With regard to the City Council procedural resolution, Number 4001, Ms. Whyte referred to Section 12(c) which prohibits impertinent, slanderous, etc. remarks, stated such remarks were directed to her at two past meetings, and suggested that Section needs to be enforced to protect the decorum of the meetings so that persons address issues rather than personal attacks. Ms. Whyte offered that concern continues with regard to what is going on in College Park East, it is disconcerting to read in the paper what is planned for Main Street, the Hellman plan is going forward, the people of those areas know what is going on, College Park does not. It is understood that Marriott has applied for a I CUP for the tennis club site, the question is whether that is going to take place and will it take a long time, it is understood that the Planning Commission approved subdividing the tennis site, understood also that a proposed hotel has done a site check of the Lampson/Seal Beach Boulevard parcel, and that Arco has requested a CUP for a mini-mart however was turned down, these things College Park East deserves to be informed of, and claimed the people are never given a choice. She expressed a desire that the Bixby forum had been taped, 6-9-97 I some non-residents made comments that many took offense to, some people were even turned away due to the number of people in attendance. Ms. Whyte said it is understood that the Council does not like to hear of this north/south debate but it exists, made reference to a letter to the editor appearing in two newspapers, an overheard statement that commercial development is what the area is going to get. Ms. Whyte alleged that College Park East is being kept in the dark. There being no further comments, Mayor Forsythe declared Oral Communications closed. PRESENTATIONS RECOGNITION OF MAYOR - lOK RACE COMMITTEE Ms. Mary Johnson, representative of the April 19th 10K Run, presented Mayor Forsythe with a memento in recognition of her time and efforts as the Starter of the Race. The Mayor accepted with appreciation. I SANE AWARDS Officer Rick Paap explained that the SANE Program involves 4th and 5th grade students, teaches coping skills, builds self-esteem, how to handle stress, drug education is just one component. He expressed appreciation to the community of Seal Beach for the many alternatives that are offered to the children, and reported the success of this program since its inception seven years ago. Officer Paap introduced 5th grade students Katie Sustarsic and Joe Rokicki, the 1997 SANE program winners, in turn each read their essay aloud as to what SANE means to them. Chief Stearns cited the two young people as exemplifying the worth of the SANE Program, expressed pride in Katie and Joe, and on behalf of himself and the Seal Beach Police Officers Association presented the winners with tickets to Disneyland. On behalf of the Council, Mayor Forsythe commended both student winners. RESOLUTION NUMBER 4529 - RECOGNITION OF JOHN BLAYDES Resolution Number 4529 was presented to Council and read in full by Mayor Forsythe entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RECOGNIZING AND HONORING JOHN BLAYDES", (retiring McGaugh School Principal). Forsythe moved, second by Brown, to adopt Resolution Number 4529 as presented. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried I upon presentation of the Resolution by the Mayor, Mr. Blades expressed appreciation for the recognition and recounted in some detail special remembrances of his fourteen years as McGaugh School principal, and commended the unique support of the parents, the community, the businesses, and the City. RESOLUTION NUMBER 4530 - HONORING JENNIFER COX - GIRL SCOUT SILVER AWARD Resolution Number 4530 was presented to Council and read in full by Mayor Forsythe entitled "A RESOLUTION OF THE CITY 6-9-97 COUNCIL OF THE CITY OF SEAL BEACH HONORING AND COMMENDING JENNIFER COX FOR ACHIEVING THE GIRL SCOUT SILVER AWARD." Brown moved, second by Hastings, to adopt Resolution Number 4530 as presented. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried I Miss Cox accepted the Resolution with appreciation for the honor. RESOLUTION NUMBER 4531 - HONORING JARED SCOT GUSTAFSON - EAGLE AWARD Resolution Number 4531 was presented to Council and read in full by Councilmember Campbell entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING JARED SCOT GUSTAFSON FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD." Brown moved, second by Campbell, to adopt Resolution Number 4531 as presented. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried Jared Gustafson accepted the Resolution with appreciation for this special time. I COUNCIL REORGANIZATION SELECTION OF MAYOR Nominations were declared open for the position of Mayor. Councilman Brown nominated Marilyn Bruce Hastings for the position of Mayor. Brown moved, second by Campbell, to declare nominations closed. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried Mrs. Hastings was declared Mayor for 1997/98. Past Mayor Brown and Mayor Select Hastings honored Mrs. Forsythe with a gavel plaque in recognition of her services to the City as third-time Mayor. Mrs. Forsythe was commended for setting new standards for future mayors to aspire to, and recognized for the time and effort devoted to the City and community over and above her responsibilities as a wife, mother, and businessperson. Mrs. Forsythe accepted the plaque and comments with appreciation. I Mayor Hastings requested that Mrs. Forsythe continue the conduct of this meeting as Acting Mayor. SELECTION OF MAYOR PRO TEM Nominations were declared open for the position of Mayor ProTem. Acting Mayor Forsythe nominated Councilman Brown as 6-9-97 Mayor ProTem, and moved to declare nominations closed. Mayor Hastings seconded the motion. I AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried Mr. Brown was declared Mayor ProTem for 1997/98. RESOLUTION NUMBER 4532 - SIGNATURE AUTHORIZATIONS Resolution Number 4532 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING AUTHORIZATION TO SIGN DEMANDS AND CHECKS FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE BANK OF AMERICA AND WELLS FARGO BANK, AND AUTHORIZING ALTERNATE SIGNATURES, AND RESCINDING RESOLUTION NUMBER 4470." By unanimous consent, full reading of Resolution Number 4532 was waived. Hastings moved, second by Brown, to adopt Resolution Number 4532 as presented. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried I CONSENT CALENDAR - ITEMS "H" thru "W" Hastings moved, second by Campbell, to approve the recommended action for items on the Consent Calendar as presented, except Items "I" and "R", removed for separate consideration. H. 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 unless specific request is made at that time for the reading of such ordinance or resolution. J. Adopted Resolution Number 4533 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, AUTHORIZING THE DESTRUCTION OF CERTAIN PERSONNEL RECORDS." By unanimous consent, full reading of Resolution Number 4533 was waived. K. Received and filed the staff report relating to the Orange County Council of Governments (OCCOG) Overall Work Program Projects, and instructed staff to provide additional status reports as appropriate. I L. Received and filed the staff report, the City of Seal Beach comment letter, and Negative Declaration for the construction of a Quick Lube and Car Wash at the intersection of Bel~flower Boulevard and Seventh Street in the City of Long Beach, and instructed that this item be forwarded 6-9-97 to the Environmental Quality Control Board for information purposes. M. Received and filed the staff report, City of Seal Beach comment letter, and Negative Declaration relating to an Assisted Living Facility at Westminster Avenue and Hoover Street in the City of Westminster, and instructed that this item be forwarded to the Environmental Quality Control Board for information purposes. I N. Received and filed the staff report relating to the Naval Weapons Station Ecological Assessment for Operable Units 4 and 5, authorized the Mayor to sign the comment letter thereto, and instructed staff to forward this item to the Environmental Quality Control Board for information purposes. O. Bids were solicited per State Department of Boating and Waterways grant regulations and opened by the City Clerk on May 28th, 1997 for a Marine Tracking System for the Lifeguard Rescue Boat as follows: Seaside Helicopter, Inc. $11,086.39 Marine Radio Service $14,236.50 Maritime Communications, Inc. No Bid Long Beach Marine Electronics No Bid I Awarded the bid for the Marine Tracking System to Seaside Helicopter, Inc. in the amount of $11,086.39 (grant funding in the amount of $11,000.00). P. Held second reading and adopted Ordinance Number 1415 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SEAL BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." By unanimous consent, full reading of Ordinance Number 1415 was waived. Q. Received and filed the Monthly Investment Report for April, 1997. I S. Authorized the Mayor of the City of Seal Beach and the Chairman of the Redevelopment Agency to sign the Stipulation between the County of Orange and the City of Seal Beach and Redevelopment Agency resolving objections to Claim Numbers 5828 and 5829, as a result of the Orange County bankruptcy ($32,501.20 T. I I U. V. I 6-9-97 in additional property taxes and $13,572.67 from the Arterial Highway Funding Program). Adopted Resolution Number 4535 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INITIATING PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER'S "REPORT" FOR A STREET LIGHTING ASSESSMENT DISTRICT; and Adopted Resolution Number 4536 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE ENGINEER'S "REPORT" FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS IN A STREET LIGHTING ASSESSMENT DISTRICT; and Adopted Resolution Number 4537 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A STREET LIGHTING ASSESSMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING." By unanimous consent, full reading of Resolutions numbered 4535, 4536 and 4537 was waived. Bids were received for Project Number 675, Concrete Repair, until June 3, 1997, 11:00 a.m., at which time they were publicly opened by the City Clerk as follows: Damon Construction Co. Kalban, Inc. Ranco Construction Nobest Construction Southland Construction $184,119.86 $184,449.27 $194,529.72 $198,177.84 (Incomplete Bid) Awarded the bid for Project Number 675, Sidewalk, Curb and Gutter Rehabilitation, to Damon Construction Company, as the low bidder, in the amount of $184,119.86, and authorized the City Manager to execute the contract on behalf of the City. Bids were received for Project Number 674, Slurry Seal Project for 1996/97, until June 3, 1997, 10:00 a.m., at which time they were publicly opened by the City Clerk as follows: Pavement Coatings Co. Doug Martin Contracting Co. Roy Allen Slurry Seal $ 95,754.75 $ 97,227.37 $104,456.12 Awarded the bid for Project Number 674, Slurry Seal Project for 1996/97, to Pavement Coatings Company, as the low bidder, in the 6-9-97 amount of $95,754.75, and authorized the City Manager to execute the contract on behalf of the City. W. Approved regular demands numbered 15930 through 16204 in the amount of $491,416.11, payroll demands numbered 22075 through 22444 in the amount of $496,954.89, and authorized warrants to be drawn on the Treasury for same. I AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I" - MINUTES Ms. Dorothy Whyte, College Park East, said her reason for requesting that this item be removed from the Consent Calendar was referred to earlier in the meeting, a concern with inconsistencies of what was stated by the City Manager at the May 5th public forum, the first part of page three, as compared to a change made to the March 24th minutes at the April 14th meeting, this with regard to the Bixby committee having reached a consensus. She said the response of the City Manager to a question was that 'there has never been a consensus as to how to develop the Bixby property', yet her understanding of the question was 'if' there was a consensus of presenting a plan to Bixby, and on April 14th Councilmember Campbell made a correction to the minutes of the prior meeting that 'both sides agreed on parameters', an assumption that that was the two sides of the Bixby committee, and her understanding is that there was not agreement on parameters rather, consensus reservations. Ms. Whyte asked if the conflicting statements could be checked as she felt it to be pertinent as to whether this committee reached a consensus regarding the project that was proposed. Councilmember Campbell responded that the two sides did come to agreement on the parameters which in turn were submitted to the developer. Ms. Whyte again asked if minutes of the committee meetings had been taken. To the first concern, the City Attorney clarified that minutes are meant to reflect what is said at a meeting whether the statements are correct or incorrect, the only issue is whether Mr. Till said these words, that can be verified, however will not answer the questions. Ms. Whyte said the minutes are probably accurate, the City Clerk prepared them from the tape and her notes, then they were changed, the question is were they changed with respect to what was said or at the request of a Councilperson. Councilman Brown agreed with the opinion of the City Attorney, suggested that the minutes be approved and thereafter the statements contained in May 5th and March 24th, changed on April 14th, can be verified for accuracy. Ms. Whyte concurred with such verification. She also asked again if tapes of the meetings are edited. Brown moved, second by Campbell, to approve the minutes of the May 5th I I 6-9-97 regular adjourned meeting and the May 12th regular adjourned and regular meetings. I AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried I ITEM "R" - RESOLUTION NUMBER 4534 - DESTRUCTION - FINANCIAL RECORDS Councilmember Campbell read the list of financial records proposed for destruction to which she expressed concern with disposing of correspondence files as they may comprise a paper trail, unless they are on computer disc or microfilmed. The City Attorney explained that the Government Code sets forth regulations and the Council has adopted resolutions which allows the destruction of certain records after certain periods of time, these records fall within those regulations, with respect to the correspondence files they likely relate to the other subject matters, however he was not knowledgeable of the specifics of the correspondence, therefore suggested that that category be pulled until they are reviewed further. Campbell moved, second by Brown, to adopt Resolution Number 4534 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN FINANCIAL RECORDS" as amended to delete the correspondence files pending further review. By unanimous consent, full reading of Resolution Number 4534 was waived. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried I PUBLIC HEARING - REFUSE RATE ADJUSTMENT Acting Mayor Forsythe declared the public hearing open to consider refuse collection rates. The City Clerk certified that notice of the public hearing had been advertised as required by law, that notice had been made to the affected customers, and reported no communications have been received relating to this item. The City Manager emphasized that notice had been given to all residential and commercial accounts a minimum of forty-five days prior to this hearing. The Manager reported this item is to consider implementation of a rate regulation schedule establishing the maximum allowable rates that can be charged by the refuse contractor for residential and commercial service, this will allow the contractor sufficient revenue to cover some of the new programs such as greenwaste, weekly recycling citywide, recycling in Old Town, and noted that current rates have not been adjusted for seven to ten years. The Acting Mayor invited members of the audience to come to the microphone and state their name and address for the record. Mr.' Charles Antos, Seal Beach, recommended that prior to the Council taking any action on this item the Council meet with the City Attorney to review Statements of Economic Interests and campaign contributions as to whether certain Council members should be participating or voting on 6-9-97 this item. Ms. Dorothy Whyte, College Park East, asked if all areas of the City are being charged the same rates and receive the same number of pickups, if the downtown area continues to have twice per week pickups, inquired as to the formula for assessing the tree trimming charge that is reflected on the water bill, is it based on front footage. The Manager responded that residential and multi-unit properties are the same rate, commercial is based on the number of pickups. Mr. Gordon Shanks, Surf Place, pointed out that the City does not communicate to the people the good things that it does for the community, an example is that residents were not aware of the once a week recycling pickups as of June 1st. The Manager explained that notices of the once a week recycling pickup had not been sent out by Briggeman Disposal by June 1st. Councilmember Campbell inquired if the letter from the contractor will also notify of the requirement to remove the bins from the street and store them out of sight. The Manager said he did not believe the letter would contain that information however may be accomplished by some other noticing means. At the request of Council and for information of the public, he explained that under the terms of the new refuse franchise agreement and ordinance the bins are required to be removed from public view by 10:00 p.m. on collection day, this a reactive effort as a result of complaints from neighborhoods where the bins are being left streetside for periods of time, and will be enforced by means of warnings and subsequent citations, also sixty gallon recycling bins are now available in lieu of the one hundred gallon bins. There being no further comments, Acting Mayor Forsythe declared the public hearing closed. I I Councilmember Campbell pointed out that the revised rates were considered prior to implementing the weekly recycling pickups therefore are not tied to one another. For the record, the City Attorney stated that at the close of the public hearing written protests were received by less than a majority of the parcels subject to the increase. Hastings moved, second by Brown, to approve the residential and commercial rate structures as proposed. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried PUBLIC HEARING - WATER RATE / WATER COMMODITY ADJUSTMENTS Acting Mayor Forsythe declared the public hearing open to consider implementing the 1996 Water Rate Study recommendation for a water rate adjustment and a water commodity adjustment clause. The City Clerk certified that notice of the public hearing had been advertised as required by law, and certified that no communications have been received relating to this item. The City Manager noted that the upcoming proposed budget is based on and balanced upon the refuse rates pursuant to the new franchise agreement and the proposed water rate adjustments. He noted that the City operates a full service water department and provides water service to all residential and commercial properties in the City, the water enterprise relies on revenues received I 6-9-97 I through rates to cover both the operations and capital maintenance of the system, the City, outside its control, has had the cost of water increased by the Municipal Water District of Orange County, the agency from which the City must purchase its water, substantially since the last water rate study was prepared, and although the water budget was balanced several years ago it then immediately became a deficit because of the increased cost of water and there was no means to adjust the rates to compensate for the increases, therefore it became necessary to use the funds that were intended to be set aside for capital replacement. This a problem that needs immediate correction, therefore it is recommended that the Council take action on the water rates now and then schedule a public hearing after the forty-five day period to finalize the action. The Manager said the Director of Public Works would explain the process that went into the preparation of the water rate structure, a water master plan was prepared to identify the problem areas and then the water rate study. The Director of Public Works recalled that some time back the Council authorized preparation of the water rate study, while looking at the rates in 1992, the Council approved a rate change enacted in 1993 and at that time a standby fee was created, a capital improvement charge to cover the cost of maintaining the system, additionally a water rate charge based upon usage. He noted that Seal Beach pumps seventy-five percent of its water from the groundwater basin, twenty-five percent is imported, fees are paid to the Orange County Water District for replenishment of the water that is pumped from the basin, also fees for water purchased from the Metropolitan Water District or the Municipal Water District of Orange County, those percentages established by those agencies. The Director said what is proposed is basically an increase of the water rates, the capital improvement fee will remain the same, that intended for capital replacement and improvements, the rate change is about twenty-two percent which equates to approximately $2.28 per" month for the average water bill, around eighty-five percent of the households are average users, approximately twenty-four hundred cubic feet per month, the rate increase is anticipated to allow the City to meet its expenditures, also, a pass-through water adjustment clause is proposed where any future change to the cost of water will be automatically passed on to the consumer whether it be an increase or decrease, the costs to be reviewed and evaluated in May of each year. Mr. Tom Bandy, Willdan Associates, Anaheim, commended the Council upon having observed their interaction and caring for this community. Mr. Bandy cited the importance of water, and the intent to sustain the supply to the community at a reasonable cost~ presented slides depicting water meter/usage statistics~ noted $7 of the monthly bill is dedicated to maintaining the complicated system to bring water to the consumer, one of the least expensive utility costs~ referred to the Water Master Plan as an engineering study of what is needed to keep the water distribution system in tact, in 1995 that study identified needed improvements of about $1.4 million~ about ninety-seven percent of the three-quarter to two inch meters are to single family residential units~ the rate increase I I 6-9-97 effective January, 1993 was meant to sustain the water department over a period of years, however the cost of pumping and purchasing water are outside the City's control, the cost increases on-going, yet City rates have not been adjusted over the four years; reviewed a comparison of water operation revenues and expenditures, cautioned that the City could be in dire straits should it postpone taking an action; to recommend a series of increases for a period of nine or ten years would be guesswork, that could result in shorting the City, therefore a pass through of the cost of the water is proposed, which many cities are now doing; the twenty-two percent, a one time increase, is meant to catch up on the purchases and pumping of water and ten percent of that is needed to restore the set aside program to accomplish the necessary capital improvements, that coupled with the pass through provision for the future, appears to be an equitable solution; in actuality the water bill will increase only eleven percent for the average consumer; showed the detail of water usage of other cities as prepared by the water agencies, and noted that even with the increase Seal Beach will still be below the average of those cities. To a question of Council as to whether the previously expended standby fees will be recoverable with the rate increase, Mr. Bandy stated the fee proposed does not make the prior monies retroactively recoverable, and Council noted then that the monthly standby charge of $7 will commence to build up that fund for capital improvements once again. The Manager stated that a schedule of basic minimum replacements was prepared for the immediate future, now that can be funded, and next will be the necessity to study the entire system, identify the pipes, apparatus, equipment, etc. that will eventually require replacement, with this proposal there will be monies available on an annual basis for replacements as well as funds for emergency repairs. Concern was expressed with using the standby funds for water costs given the difficulty of accumulating monies for capital improvements. The Director clarified that it has been possible to do some improvements to the system and wells, however in recent years it has also been necessary to use some of the standby funds to cover water costs. Mr. Bandy noted a recent news article reported that some water districts in Orange County have millions of dollars in reserve yet continue to raise the cost of water, however in Seal Beach there are virtually no reserves, and water costs are paid as the money comes in. Councilman Brown mentioned that the impact on residents of Leisure World will be about sixty cents per month, and that could be reduced through conservation efforts by individuals and the mutuals. I I Brown moved, second by Hastings, to advance the adjourned meeting time from 9:00 p.m. until 9:30 p.m. I AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried There being no public comments regarding the hearing on the water rate adjustment, Acting Mayor Forsythe declared the I I I 6-9-97 public hearing closed. Hastings moved, second by Brown, to adopt Resolution Number 4538 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH PROVIDING FOR WATER RATE ADJUSTMENT AND ESTABLISHING A WATER COMMODITY ADJUSTMENT CLAUSE.". By unanimous consent, full reading of Resolution Number 4538 was waived. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried Acting Mayor Forsythe announced that the public hearing for Zone Text Amendment 97-2 would be considered before 97-1 as the items were listed in reverse order on the agenda. PUBLIC HEARING - ZONE TEXT AMENDMENT 97-2 - PERMITTED NON- HABITABLE ARCHITECTURAL FEATURES Acting Mayor Forsythe declared the public hearing open to consider Zoning Text Amendment 97-2. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported receipt of a communication from Ms. Michelle Brendel relating to ZTA 97-1 and ZTA 97-2, copies of which had been provided the Council. The Director of Development Services presented the staff report relating to ZTA 97-2 which proposes to modify the definition of structures that can exceed the height limit 'within the residential zones of the community, allowed to exceed the limit by seven feet, primarily for a covered roof access to a roof deck or for architectural features, the Code currently provides for an access stairway, the ZTA proposes to allow an elevator or other means to access a roof deck. In response to a question of Council, the Director explained that the Planning Commission has adopted standards for openings to allow for straight and circular stairways, the area for an elevator would be similar to that of a circular stairway, believed to be seven by seven feet, stated that all other standards remain the same and advised that such structures require a hearing before the Planning Commission with notice to neighboring properties. There being no comments from the audience, Acting Mayor Forsythe declared the public hearing closed. ORDINANCE NUMBER 1417 - ZONE TEXT AMENDMENT 97-2 - PERMITTED NON-HABITABLE ARCHITECTURAL FEATURES Ordinance Number 1417 was presented to Council entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING ORDINANCE) OF THE SEAL BEACH MUNICIPAL CODE AMENDING SECTION 28-2317 TO MODIFY THE LIST OF NON-HABITABLE ARCHITECTURAL FEATURES PERMITTED TO EXCEED THE HEIGHT LIMIT THROUGH THE HEIGHT VARIATION PROCESS (ZONE TEXT AMENDMENT 97-2)." By unanimous consent, full reading of Ordinance Number 1417 was waived. Brown moved, second by Hastings, to approve the introduction of Ordinance Number 1417 and that it be passed to second reading. 6-9-97 AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried PUBLIC HEARING - ZONE TEXT AMENDMENT 97-1 - PERMITTED INTRUSIONS - REAR YARD SETBACKS Acting Mayor Forsythe declared the public hearing open to consider Zone Text Amendment 97-1. The City Clerk certified that notice of the pUblic hearing had been advertised as required by law as well as mailed to the affected property owners (the Gold Coast), and reported receipt of a communication from Michelle Brendel relating to ZTA 97-1 and ZTA 97-2. With regard to the communication received, the City Attorney clarified that this hearing had been noticed for May 27th, that meeting was subsequently canceled, therefore recommended that the Council conduct the hearing and continue same to the next meeting. The Director of Development Services reported this item was recommended for approval by the Planning Commission, and affects only those properties located on the seaward side of Ocean Avenue between First and Eighth Streets. He explained that current Code allows a roof overhang to project past the rear setback by two feet and allows a roof deck to encroach by ten feet, the Commission considered a variance request to allow the roof extension to five feet, they denied that request and initiated a ZTA to look at that issue for the entire area rather than an individual property, their recommendation was to increase the allowed intrusion of a roof overhang from two feet to five feet and to reduce the intrusion for a roof deck from ten feet to five feet, for equal setback requirements. There being no comments from the audience, Acting Mayor Forsythe declared the public hearing closed. I I ORDINANCE NUMBER 1416 - ZONE TEXT AMENDMENT 97-1 - PERMITTED INTRUSIONS - REAR YARD SETBACKS Ordinance Number 1416 was presented to Council entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING ORDINANCE) OF THE SEAL BEACH MUNICIPAL CODE AMENDING SECTION 28-401(2){b) TO AMEND THE PERMITTED INTRUSIONS INTO REAR YARD SETBACKS IN THE RESIDENTIAL LOW DENSITY (RLD) ZONE OF PLANNING DISTRICT I (ZONE TEXT AMENDMENT 97-1)." Hastings moved, second by Brown, to approve the introduction of Ordinance Number 1416 and that it be passed to second reading, and that the public hearing be continued until the next meeting. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried I ESTABLISHING WORKSHOP / PUBLIC HEARING - 1997/98 FISCAL YEAR BUDGET It was the consensus of the Council to hold a brief workshop on the proposed 1997/98 fiscal year budget, described by the City Manager as basically a continuation of the 1996/97 budget, on Monday, June 23rd at 5:30 p.m., followed by the public hearing during the regular meeting on that date. 6-9-97 ORAL COMMUNICATIONS There were no Oral Communications. I COUNCIL CONCERNS Councilman Brown expressed his enjoyment of attending the Chamber of Commerce recognition of the Student of the Year, Wendy Ginsburg, the Teacher of the Year, Shirley Johns, and the Business Partner of the Year, BJ's Pizza, that business having contributed the most assistance to McGaugh School for education. Councilman Brown also mentioned that he and Mayor Hastings were pleased to attend the fourth and fifth grade oratorical this date, the theme of their speeches 'what the community means to me' which they then presented before a full audience. Mayor Hastings concurred and added her own praise of those students. Councilmember Campbell said it was a particular pleasure for her to have the opportunity to present Wendy Ginsburg with the Student of the Year award. Acting Mayor Forsythe responded to questions posed earlier in the meeting by Ms. Whyte, stated there are no meetings at City Hall that are secret, meetings are held almost daily with a member or no more than two members of the Council, they may be thought to be secret just because there is not an awareness of those meetings; to her knowledge no minutes were taken at the Bixby committee meetings; as to how the meetings were run, the response was very delicately and diplomatically with nearly equal participation from both sides; there is no knowledge of Council meeting tapes being edited prior to their replay, and should something be edited it would not be with the City or City Council knowledge or consent; and whether Marriott has applied for a CUP, the answer was yes. There were no other Oral Communications. I ADJOURNMENT By unanimous consent, the Council adjourned back to the adjourned meeting at 9:20 p.m. This regular meeting reconvened at 10:01 p.m. with Councilmember Campbell not present in the Chambers, and by unanimous consent of those present adjourned until Monday, June 23rd at 5:30 p.m. to hold a budget workshop and meet in Closed Session if deemed necessary. By unanimous consent, the meeting adjourned at 10:02 p.m. I Approved: -4.nl 1,V'~ !In Clerk Clerk-and ex-o he City of Seal Attest: