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HomeMy WebLinkAboutCC Min 1997-06-23 6-23-97 Seal Beach, California June 23, 1997 The City Council of the City of Seal Beach met in regular adjourned session at 5:31 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Hastings Councilmembers Brown, Forsythe, Fulton Absent: Councilmember Campbell Councilmember Campbell was not present in the Council Chambers however joined the Council in Closed Session. Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mrs. Stoddard, Director of Administrative Services Mrs. Yeo, City Clerk APPROVAL OF AGENDA Brown moved, second by Fulton, to approve the order of the agenda as presented. AYES: NOES: ABSENT: Brown, Forsythe, Fulton, Hastings None Campbell Motion carried I ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the three items identified on the agenda, a conference with legal counsel pursuant to Government Code Section 54956.9(c) relating to two cases of potential litigation where certain property owners have not paid in-lieu or other fees, a conference with the City's real property negotiator relating to terms of possible transaction as to 3900 Lampson Avenue pursuant to Government Code Section 54956.8, and a conference with the City's labor negotiator relating to the Orange County Employees Association and Non- Represented employees pursuant to Government Code Section 54957.6. The Council adjourned to Closed Session at 5:33 p.m. and reconvened at 5:56 with Mayor Hastings calling the meeting to order. The City Attorney reported that the Council had given direction with respect to the first and third items listed on the agenda, and determined to discuss the property negotiation item at the conclusion of the regular meeting. I WORKSHOP - 1997/98 FISCAL YEAR BUDGET The City Manager commenced an overview of the proposed 1997/98 fiscal year budget with a review of the Fund Balance Analysis, the Estimated Unreserved/Undesignated Fund Balance 6-23-97 I of the General Fund as of July 1, 1997 is $1,951,656; the Release of 1996/97 Fund Balance Designated for Capital Improvements is $117,500, that amount being General Fund monies for capital projects and purchases that were not accomplished during the 1996/97 fiscal year, the carry-over is also shown as an expenditure; the Estimated General Fund Revenues for the upcoming fiscal year are $12,208,890; Transfers In from other funds are $720,500; the carry-over, revenues, and transfers represent the resources available for the next fiscal year; the Transfers Out represent such expenditures as workers comp, general liability, some subsidy of the Recreation and Tidelands Beach funds, $1,341,854; Operational Expenditures, which are identified in each departmental budget, are $10,932,336; Capital Improvements, $463,000, represent projects that were approved last year by means of the five year Capital Improvement Program however were not completed during the 1996/97 fiscal year; the $143,000 in the Reserves of Fund Balance are monies designated for future capital improvement projects where there is insufficient monies in a given year to fund, the intention is to enhance this Reserve each year to accomplish the five year CIP; there is an Additional Reserve Fund Balance of $50,000; those categories, added together, represent the expenditures that need to be measured against the revenues. The budget is balanced, the departments were requested to stay within one and a half percent of last years budget for operating expenses, even though the CPI is about three percent, the ending balance of the 1997/98 budget is anticipated to be an excess of revenues over expenditures by $116,000. It was noted that until last year there were no Reserves, there are now reserves for the OCCRMA Self- Insurance retention of $350,000 of the $900,000 that is required, $300,000 for Compensated Absences with an anticipated expenditure of $175,000 during this fiscal year leaving an ending Reserve of $200,000 which is thought to be a reasonable amount, and the Charter required $1 million Cash Basis Fund is now $700,000 reserved. Some fairly substantial expenditures anticipated in Workers Comp, Public Liability has improved, with reference to the Enterprise Funds, the budget is balanced on the basis of the action taken at the last meeting approving the pass through clause for water costs. In response to a question of Council, the Director of Administrative Services explained the difference between the beginning and ending balances of the Water Maintenance/ Operations Available Funding. The $1,265,000 amount shown under Capital Projects reflects the 800 MHz bonds which includes funds for certain improvements for Main Street and the pier area. The Mayor commended the reduction of maintenance costs for the pier and beach, also the lesser costs for requested items that are usually shown as much higher. The Manager explained that this budget was approached with the realization that revenues are projected to be down significantly, the Utility Users Tax for one, property tax has stabilized, and many of the projects that are taking place are the result of one-time monies such as the FEMA reimbursement, a tree grant with another applied for, CDBG and Measure M, again this budget essentially a continuation of the 1996/97 work program with maintenance and I I 6-23-97 operations held to a one and a half percent increase. The additional capital outlay within the departmental budgets include a laptop computer for Administrative Services yet for use at large, report writing software and laptops for Police Support Services as part of the COPS MORE federal grant requirements, the software the City's matching portion, I replacement of one unmarked vehicle for the Detective Division, an unmarked vehicle for the Chief, and one parking control vehicle, a laser printer for Public Works/ Engineering, the Air Quality Improvement Fund is a program where the City receives money each year however its use is restricted to air quality improvement programs, one being the replacement of vehicles with natural gas or electric vehicles, the monies accumulated thus far proposed to be used for that purpose now as there are grant monies coming available for the City match in that the City agreed to be a model for the electric vehicle program, a fueling unit and charging equipment to be obtained as well. With regard to the laptop computers it was confirmed that they will be obtained at government rates, suggested also that staff look into making that kind of equipment available to the employees at government rates as an incentive as the Sanitation District has done. To a question of revenue realized from the beach parking lots, the Director explained that about forty percent goes to the Tideland Beach Fund and sixty percent to the General Fund, the total annually around $300,000, and the Manager confirmed that automation of the I beach lots is proposed for this fiscal year. Additional items budgeted include one new lifeguard tower, replacement of the garage door at headquarters, a PBX system for telephone service between First Street and the pier area, this purchase to be delayed until the appropriate system is identified, public address system, an outboard motor for the inflatable rescue boat, two pak-set radios, a Marine Tracking System paid for by a grant, and one Pier Maintenance flatbed four by four truck. The Director of Administrative Services reported that the General Fund revenues of $12,939,390 is, based on the revised reven~e estimates for 1996/97, a one percent decrease. Property taxes are anticipated to improve as a result of improved economy, the property transfer tax up as well, the barrel tax has increased since Torch assumed the franchise, paying on schedule, a three percent increase is shown for sales and use tax, that again reflecting an improved economy, however the aerospace issue is still being dealt with, that an approximate $16,000 take-away per quarter. An impact on the Utility Users Tax is expected as a result of electric service deregulation as of January, 1998, Edison I representatives predict a ten percent revenue decrease, a full ten percent decrease of the Utility Users Tax has not been budgeted as it is anticipated that some of the smaller providers will make up that difference. Public Safety is shown as a decrease as recent legislation changed the allocation factor, that change caused an eight percent decrease to cities, Licenses and Permits are projected at a two percent increase, somewhat less revenue is anticipated from Fines and Forfeitures than in 1996/97, and inquiry shows 6-23-97 I an apparent public effort to not get parking tickets and a conscious effort to purchase parking permits, a decrease is shown in the Electric Utility franchise, a large increase is shown for Interest on Investments, that the result of more available cash as well as the sale of $1.6 million TRAN, the coupon rate is 4.5 percent, and will be reinvested at 6.125 percent, greater than anticipated is expected for Motor Vehicle In-Lieu, Service Charges are decreasing two percent which is cyclical and depends on when the water billing cycle ends and begins. With regard to the decreased Grant Reimbursement Funds, the Director explained that the one reimbursement relates to the COPS FAST grant, a three year program with reimbursement at si~ty-five percent, twenty-five percent, and ten percent, that Fund does not include any grants that the City may be awarded ~r.nave been awarded, budget adjustments can be made at the time of receipt. Total City revenue shows a ten percent decrease overall, that primarily due to bond proceeds that were not received this year, revenue anticipated from the Detention Facility was not received primarily due to negative accusations, although untrue, earlier in the year, the Supplemental Law Enforcement Grant was initially taken out however information now indicates it will be continuing, the Recreation Fees reflect an eleven percent increase as a result of the sale of brochure advertising which offsets some printing costs, there is some increase in the Leisure program due to better marketing and advertising, Tideland Beach Donated/ Miscellaneous Revenue is always a variable as it is never known what is going to be offered, Reimbursements down significantly due to the FEMA reimbursement and purchase of sand, a one-time revenue, a decrease is expected in the General Fund transfer as a result of the sand match not being required, Gas Tax is on track, possibly even low and to the City's favor as notice has been received that there was an error in the amount forwarded by the State, Measure M is significantly increased for the reason that this is the first time for contributing capital from OCTA and other agencies, the Capital Project Fund reflects a considerable decrease as a result of the bond proceeds received in 1996/97, In-Lieu Parking, staff is working with some of the merchants to assist them. with some opportunities they may have with their parking fees, the fees shown are merely what is due this year, the Community Development Block Grant of $75,000 is down from what was received last year, the Water Operations Enterprise Fund shows a sixteen percent decrease, that for the reason the standby fee for Old Town is now being held in its own fund, the Capital Water Improvement Fund. Councilmember Forsythe commended staff for the budget as presented given the limited amount of revenues, capital projects in particular, lap top computers for the Police Department, etc. The Manager noted that there is many more maintenance projects to be done than there are funds available, the hope is that the State recognizes the past take-aways that have been imposed on the cities, such as property taxes that has always been intended for local government services, and there is now a legislative effort to replace some of the monies that were taken away in 1992 and 1993. Councilman Brown offered that there is a good chance I I 6-23-97 that some progress will be realized as it is believed there are enough of the legislature that is aware of the problems. Mayor Hastings also commended staff for this budgetary effort. Attest: consent of the Council, I ADJOURNMENT It was the order of the Chair, to adjourn the meeting at 6:53 clerk Approved: City Clerk Seal Beach, California June 23, 1997 The City Council of the City of Seal Beach met in regular session at 7:08 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Hastings Councilmembers Brown, Campbell, Forsythe, Fulton Absent: None 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 Lt. Van Holt, Police Department Lt. Mollohan, Police Department Ms. Stoddard, Director of Administrative Services Mr. Dorsey, Assistant to the City Manager Ms. Beard, Director of Recreation and Parks Ms. Yeo, City Clerk I APPROVAL OF AGENDA Councilman Brown requested that Item "F" be removed from the Consent Calendar for separate consideration as Councilman 6-23-97 I Fulton had been absent from that meeting, Mayor Hastings asked that Item "J" be removed, and the City Attorney noted that staff requested that Item "p" be continued and suggested that action be taken in conjunction with the Consent Calendar motion. Forsythe moved, second by Campbell, to approve the order of the agenda as revised. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Gordon Shanks, Surf Place, noted that the newspapers often list City Council items of public interest however Seal Beach is never mentioned, citing the budget hearing as such an item, and suggested that Seal Beach, as a growing and vibrant community, should be recognized. It was proposed that a letter be forwarded to the newspaper publishers encouraging them to notice items of interest for Seal Beach. There being no other comments, Mayor Hastings declared Oral Communications closed. PRESENTATIONS I RECOGNIZING KENNETH MOLLOHAN - THIRTY YEAR EMPLOYEE Mayor Hastings presented Lt. Kenneth Mollohan with a Seal Beach tile plaque in recognition of his thirty years of dedicated service to the community as a police officer. Lt. Mollohan accepted the plaque with appreciation. RESOLUTION NUMBER 4539 - RECOGNIZING CHIEF STEARNS - RETIREMENT Resolution Number 4539 was presented to Council and read in full by Mayor Hastings entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING POLICE CHIEF W. D. "BILL" STEARNS" and Mayor ProTem Brown recognized specific accomplishments and involvements of the Chief in various State and County agencies and local organizations. Chief Stearns expressed appreciation for the recognition, mentioned with enthusiasm the special moments of his retirement dinner on Saturday evening, and reiterated his prior statement that this City will always be his home town and the employees part of his family. Brown moved, second by Campbell, to adopt Resolution Number 4539 as presented. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I RECONSIDERATION OF AGENDA Forsythe moved, second by Campbell, to reverse the order of Council Items to consider Item "D" prior to "C". AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried RESOLUTION NUMBER 4541 - HONORING DIANA LYNN JORGENSEN _ SILVER AWARD Resolution Number 4541 was presented to Council and read in 6-23-97 full by Councilmember Campbell entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH HONORING AND COMMENDING DIANA LYNN JORGENSEN FOR ACHIEVING THE GIRL SCOUT SILVER AWARD." Forsythe moved, second by Brown, to adopt Resolution Number 4541 as presented. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I Miss Jorgensen accepted the Resolution from Councilmember Campbell with appreciation. RESOLUTION NUMBER 4540 - MAYORAL APPOINTMENTS Resolution Number 4540 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CONFIRMING APPOINTMENTS MADE BY THE MAYOR OF REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES AND ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS AND REPEALING RESOLUTION NUMBER 4469." By unanimous consent, full reading of Resolution Number 4540 was waived. Mayor Hastings designated Councilman Brown as the alternate representative to the Sanitation District, Councilmembers Fulton and Forsythe as the representative and alternate to the West Orange County Water Board, Councilmembers Brown and Fulton as the representative and alternate to the Southern California Association of Governments, Mayor Hastings and Councilmember Campbell as the representative and alternate to the Orange County Division of the League of Cities, and Councilmembers Fulton and Campbell as the representative and alternate to the Santa Ana River Flood Protection Agency. with regard to the Flood Protection Agency, Councilman Fulton explained that that agency was established to facilitate the funding and construction of dams, that accomplished, the Agency will be disbanding in the near future. Brown moved, second by Campbell, to adopt Resolution Number 4540 as amended to reflect the appointments of the Mayor. It was clarified that the Mayor is required to be the official representative to the Sanitation District however the alternate can assume the active duties on behalf of the Mayor. I AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried Councilman Brown indicated an interest in serving as the representative to the Vector Control District when that appointment comes due. CONSENT CALENDAR - ITEMS "E" thru "L" Brown moved, second by Fulton, to approve the recommended action for items on the Consent Calendar as presented, except Items "F" and "J", removed for separate action, also that Item "p" be removed from consideration and continued to the next meeting. I E. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be I I I AYES: NOES: 6-23-97 deemed to be given by all Councilmembers unless specific request is made at that time for the reading of such ordinance or resolution. G. Approved regular demands numbered 16205 through 16319 in the amount of $1,039,356.45, payroll demands numbered 22445 through 22628 in the amount of $249,461.70, and authorized warrants to be drawn on the Treasury for same. H. Held second reading and adopted Ordinance Number 1417 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. I. Bids were received until June 17, 1997 at 10:00 a.m. for Plug Valve Replacements, Sewer Pump Station #35, project Number 723, at which time they were publicly opened by the City Clerk as follows: Phelps Southwest, Inc. Olsson Construction $12,500.00 $34,300.00 Awarded the bid for Project Number 723, Plug Valve Replacements, to Phelps Southwest, Inc. as the lowest responsible bidder in the amount of $12,500.00, and authorized the City Manager to execute the contract on behalf of the City. K. Adopted Resolution Number 4542 entitled "A RESOLUTION OF THE CITY COUNCIL OF SEAL BEACH RELATING TO THE CONTINUING OPERATION OF THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND COMCAST CABLEVISION UNTIL THE FRANCHISE RENEWAL PROCEEDING IS COMPLETED, ON OR BEFORE AUGUST 31, 1997." By unanimous consent, full reading of Resolution Number 4542 was waived. L. Approved the Gann Appropriations Limitations worksheet for 1996/97. Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried 6-23-97 ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F" - MINUTES Brown moved, second by Campbell, to approve the minutes of the June 9th, 1997 regular adjourned and regular meetings. AYES: NOES: ABSTAIN: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried I ITEM "J" - TAXI ADMINISTRATION PROGRAM Mayor Hastings expressed her concern with regionalization inasmuch as the City then loses its autonomy and independence and although there may be a time or money saving it too often creates another layer of bureaucracy, in this case the Orange County Taxi Administration will handle the issuance of taxicab vehicle licenses, driver permits and other administrative functions for the Orange County Transportation Authority, to which she questioned how much time is devoted to background checks of taxi companies and drivers. Councilman Brown said his understanding was that the individual cities would retain the right to determine which taxi firm would be allowed to operate in the city, OCTAP would merely issue a countywide type of license, and the City would have the option to deny a particular company. The Manager confirmed the correctness of Councilman Brown's understanding, adding that it is believed there will be little to no financial impact, possibly some saving of staff time, and at present there is only one taxi company licensed in Seal Beach. The Assistant to the City Manager confirmed the understanding as well, also explained that the City has no authority or control over taxi companies licensed in other communities that transport passengers to Seal Beach, this Program proposes to control the number of taxi companies that emanate from and are licensed in Seal Beach. To a question of Council, the Assistant explained that limousines and shuttles are excluded as they are regulated by the Public Utilities Commission. It was noted the Agreement provides for a one year written notice to terminate. Mayor Hastings said her reading of this item was likely incorrect, however again expressed an objection to regionalization. It was mentioned that it may be desirable to have thorough background checks. Brown moved, second by Forsythe, to approve the City's voluntary participation in the Orange County Taxi Administration Program and authorize the City Manager to execute the Inter-Agency Agreement between the City and the Orange County Transportation Authority. I AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I CONTINUED PUBLIC HEARING - ZTA 97-1 - INTRUSIONS - REAR YARD SETBACKS Mayor Hastings declared the continued public hearing open to consider zoning Text Amendment 97-1. The City Clerk certified that the public hearing had been noticed for and held on June 9th, continued to this date, and that communications were received on June 9th and today from Ms. 6-23-97 I Michelle Brendel relating to this item, copies of same provided to the Council. The Director of Development Services stated that the primary purpose of the Zoning Text Amendment is to modify the setback intrusions that are allowed on the seaward side of Ocean Avenue west of Main Street, that area also having different zoning regulations than other areas of the City. He explained that current Code allows a roof overhang into two feet of the required ten foot setback at the rear of the property and allows a roof deck or balcony to encroach ten feet, the ZTA proposes setback requirements for both to be five feet. He reported the Planning Commission considered this item and recommended approval. I Mayor Hastings invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. Reg Clewley, Catalina Avenue, stated his opposition to this item, the ZTA is out of order, 96-1 should be considered before 97-1, said last year the City issued a building permit for an addition on a red tagged building, that should not have been done, and this is opening the door to allow 96-1 to be grandfathered, 96-1 was 1733 Crestview, the City might as well not have a Building COde, and objected as well to the adopted roof deck access amendment. Mr. Bruce Stark, Seal Beach, predicted that this item will be approved, the property is owned by an appointed commissioner, charged that the Brown Act has been violated twice by the Architectural Review Committee, there were no noticed meetings yet approved plans on behalf of the City, stated that the CC&R's were approved by the City, plans for Gold Coast properties must go to this Committee for their approval before the City will consider them, therefore the Committee is acting on behalf of the City, thus the Brown Act violation. He charged violation of the CC&R's and City Code in that a basement was constructed at the property adjacent to his, the plans are not the same as those that went to the Coastal Commission, they have expanded the size of the house contrary to the plans submitted to the Commission, this has been allowed to go forward, as well, has undermine the two adjoining properties. Mr. Stark informed the Council that the insurance on their homes has been changed by the State 'legislature, there will no longer be full replacement on the basis of the value of the property, starting late this year and early next year policy renewals will be based on an amount equal to the replacement value, the insurance companies are likely correct in saying that the value of a custom house is about $250 per square foot or more depending upon the amenities. As to the subject Ocean Avenue property he claimed the building permit shows a square footage and valuation of about $87 per square foot, to which he asked why the City is giving away this amount of money for a building permit. He recalled Council support of the Los Alamitos School District, the children, and an expression of the need for money for educational enrichment, which he said is dependent upon a tax on the square footage of the property. Again with regard to the Ocean Avenue property, he charged that the owners claim to have torn down a 2,800 square foot home however said from his knowledge it was about 1,400 I 6-23-97 square feet, therefore by claiming demolition of a larger home considerable money was saved from payment to the School District, and that was based upon the representations of the City. Mr. Stark charged that approval of this item constitutes a windfall of money to the property owner, it is also special legislation. He claimed that while he has lived on the Gold Coast no one has requested an intrusion into the rear yard setbacks as this property owner has, it is not necessary, merely cuts out the view for the adjoining property, this is the granting of a special privilege that no one else has asked for or requires, a gift of public funds. Mr. Stark claimed also that vehicles are allowed to double and triple park at the Ocean Avenue property, the police give special consideration, stated this must stop when the City is not collecting its fair amount for a building permit and when the School District is not being paid the correct amount. There being no further comments, Mayor Hastings declared the public hearing closed. I As to the background of this Zoning Text Amendment, the Director of Development Services explained that the persons who own property adjacent to Mr. Stark approached the City requesting a variance to allow a greater roof encroachment into the rear yard setback than the Code allows, that application was made to the Planning Commission, the staff report recommended denial of the request and indicated that it was not felt that a variance was warranted in this case however if it was something that the Commission desired to explore further it would be recommended that a Zone Text Amendment be prepared that would apply to all properties in that area and allow everyone the same rights, the Commission agreed and requested preparation of the Zone Text Amendment, and a hearing was held. He noted that current Code for the Gold Coast provides that a roof overhang can only be two feet past the setback point, the proposed amendment would increase the encroachment to five feet, the Code also provides that a deck at the roof level or a balcony can be up to ten feet into the setback area, the amendment would pull the deck back to a point of five feet, the Commission felt that both of these architectural features on a residential structure should have the same setback requirement. The City Manager added that the purpose is also the angle of the sun at a certain time of day where the extra footage would keep the sun from coming into a room of the house. To the question as to whether the Zone Text Amendment has been or is required to be considered by the Coastal Commission, the Director responded that it is nOL required. He explained that at such time as a building plan is submitted for a Gold Coast property the Commission will review them in terms of whether they meet City requirements, and in this case there is no blockage of primary view, primary view being directly towards the ocean, not up and down the coast, the City has never recognized any right to retain the lateral viewpoint, therefore the view issue with regard to the encroachment does not impact a next door residence. As to the claim of square footage, 1400 versus 2800, the Director offered that those issues have no relation to the Zone Text Amendment, the Amendment only proposes to change future construction I I 6-23-97 I standards in the City, and if there is a question of the square footage shown on the building permit or on an application to the School District or Coastal Commission, that could be researched outside of this public hearing. Mayor Hastings expressed a desire that the allegations be answered. Upon review of the correspondence, the City Attorney said it is believed that the speaker was making reference to the private group referred to as the Gold Coast Architectural committee, it is not a City commission or committee, the Brown Act does not apply as it is a private group of people, noted the Council was provided a copy of the 1974 CC&R's, in certain instances there is a requirement that a developer submit CC&R's for City approval, however that does not convert such committee to a City body, and explained that CC&R means Covenants, Conditions and Restrictions. Mr. Stark questioned why he and others are required to go before this committee to have plans stamped, as to the comment relating to primary view said he has not seen a definition in the Code or elsewhere that it is straight out, it blocks the view of the pier, is that a primary view or not, and if this ZTA restricts decks to five feet and increases the overhang to the same five feet, then why is the referenced property allowed to have a ten foot deck and a five foot overhang as well, if the property owner wants the five foot overhang they should likewise reduce their deck to five feet, to say the overhang is to block the sun makes no sense to him. On the advice of the City Attorney, Mayor Hastings reopened the public hearing to include the comments of Mr. Stark and in turn closed the hearing. I I Question was posed as to whether the property being referred to has proposed a ten foot deck. The Director responded that the plans initially approved by the City included a ten foot deck which is currently allowed by COde, included a two foot roof overhang as also allowed, after construction was commenced the property owner again approached the City to request a variance to construct the overhang to five feet, they were informed they could not do that without receiving approval, the granting of ZTA 97-1 would allow them to extend the overhang from two to five feet and retain the ten foot balcony because that was allowed at the time the plans were approved, and offered that it is a rare occasion that a project is being constructed under one set of Codes while another set of Codes is under consideration for amendment and the property owner would be entitled to provisions of both. The Mayor asked if building permits are issued on estimates and how school taxes are computed, on estimated or appraised costs. The Director responded that school fees are based on the square footage of new construction and gives some credit for the demolition of a previously existing structure, the calculation of that is not known as the City does not collect or formulate that fee, building permits are based on a cost of construction index that is updated every few months by a building industry trade publication, and on the square footage of the building proposed. Councilman Brown expressed concern with the ten foot deck and the five foot overhang. To a question as to whether the five foot overhang is under construction, the Director advised that it was not, they have 6-23-97 constructed to the two foot overhang for the roof as currently allowed, if the Code were changed they would likely apply for a five foot overhang. The Manager reminded that this item is a Zone Text Amendment that would be applicable to all Gold Coast properties, not specific to just one project. Councilmember Campbell pointed out that the owners of the property currently under construction support both, a less than ten foot deck and a five foot overhang. The Director explained that if the Council chooses to take no action at this time, yet adopts the ZTA at some point in the future, anyone on the Gold Coast having a ten foot balcony and a two foot roof overhang would be allowed to retain the ten foot balcony as it is pre-existing and then make application for the five foot overhang. Council commented that the larger overhang can be reasoned from the standpoint of the impact of the sun, also that other residences have the large decks and some have a more than two foot overhang. To that the Director offered that research of past building permits has failed to show what the approval rationale was, yet some overhangs are greater than two feet, one scenario could be that the rear of the dwelling was further from the setback line therefore a larger overhang was allowed. He confirmed that regulations for Surfside are the same as those proposed in the ZTA, and this amendment would have no impact on Seal Way as the setback requirements are different. Comments continued with regard to the impact on the residential project currently under construction, the cost involved in extending the overhang in the future, etc. It was confirmed that to extend the overhang at some point in the future would require some reconstruction of the roofline. The Director offered that if someone has a ten foot deck and desires a five foot roof overhang, the Council could refer this issue back to the Planning Commission to consider a condition that would require the deck to be reduced to five feet in consideration of the five foot overhang. I I Brown moved, second by Fulton, to refer the issue of deck and overhang encroachments back to the Planning Commission for further consideration. Councilmember Forsythe took exception to the allegation of special privileges. The Council clarified their intent to the City Attorney that the Commission look at the five foot overhang issue conditioned by a reduced deck of five feet. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried PUBLIC HEARING / RESOLUTION NUMBER 4543 - STREET LIGHTING ASSESSMENT DISTRICT NO. 1 - 1997/98 Mayor Hastings declared the public hearing open to consider Street Lighting Assessment District No. 1 for fiscal year 1997/98. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received either for or against this item. The City Manager reported the amount of assessment has not changed since 1994. I 6-23-97 I Mayor Hastings invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. Gordon Shanks, Surf Place, said since electrical service is being deregulated, could the City in the future contract for lighting that would be beneficial financially to the City. The Manager said it is likely the City could contract for maintenance of City- owned facilities. The City Attorney noted what the deregulation includes. There being no further comments, Mayor Hastings declared the public hearing closed. The City Attorney recommended that the words 'as modified' be deleted from the second Resolved paragraph. Fulton moved, second by Campbell, to adopt Resolution Number 4543, as amended, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONFIRMING THE DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR STREET LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 1997/98." By unanimous consent, full reading of Resolution Number 4543 was waived. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I PUBLIC HEARING / RESOLUTION NUMBER 4544 - 1997/98 FISCAL YEAR BUDGET Mayor Hastings declared the public hearing open to consider the 1997/98 fiscal year budget. The City Clerk certified that the public hearing had been advertised as required by law, and reported no communications received relating to this item. The City Manager reported the budget is balanced, it is a continuation of the work program that went into effect July 1, 1996 which included a five year capital improvement program, addressed a number of deferred maintenance problems where further postponement would have substantially increased the cost, as well as deferred purchases, however given the size of staff and resources it was found only about half of the work programs could be accomplished. Again, the intent was to keep the departmental maintenance and operations to no more than one and a half percent of the prior fiscal year, which is about half the inflation rate, nothing was added to the capital improvement program rather the projects and maintenance efforts that were not able to be accomplished were carried forward to 1997/98. The Manager reported the revenue stream is adequate to meet the essential operating expenses of the City for the upcoming year provided that expenditures are held as low as possible, efficiency is maintained, and there are no major emergencies. He noted that the work program currently under way was primarily made possible by one-time revenues that were realized from grants, reimbursements for costs relating to disasters, additional CDBG and Measure M monies, there is a concern with reduced General Fund revenue sources, however there are.now some reserve monies where there were previously none. The Manager noted that the carryover from projects proposed last year is $117,500, estimated revenues this fiscal year are $12.2 million, a transfer to the General Fund is $720,000, those revenues to cover operational expenses of $10.9 million and capital improvement carryovers, projects identified in the I 6-23-97 capital program to be accomplished this year are $463,000, a designated balance for capital improvement programs is $143,000, not to be spent this fiscal year but available as the need arises for sidewalk repair, median improvements, replacements, etc., revenues over expenditures are projected to be $116,000 at year end, the General Fund is stabilized, there are no cutbacks, however there are no one-time revenue sources as have been realized in the past, the property tax is stagnated, there is concern with the Utility Users Tax due to the potential decrease of the price of electricity, the cost of water was dealt with at the last meeting whereby future increases will be automatically passed on, the revised water rates are reflected in this budget, and it will be necessary to look at the Sewer Enterprise next year. There being no public comments, Mayor Hastings declared the public hearing closed. I Brown moved, second by Fulton, to adopt Resolution Number 4544 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING FISCAL YEAR 1997/98 BUDGET, SETTING APPROPRIATIONS LIMITATION AND AUTHORIZING FOR APPROPRIATIONS BY FUND." By unanimous consent, full reading of Resolution Number 4544 was waived. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried CITY MANAGER REPORTS The Manager reported that Public Works Department staff has been working with the Los Angeles Department of Water and Power with regard to the abandoned train tracks on Seal Beach Boulevard, their efforts have been successful in that a check in the amount of $61,000 has been received from DWP for their removal from the Boulevard and approximately $40,000 is expected for the removal from Westminster Avenue. To a question of Councilman Brown relating to the bridge, the Director of Public Works responded that at this time efforts have basically been directed to the track removal from the streets, particularly due to an upcoming repair project for the Boulevard, logically the next step would be to address the remaining portions of track and to that end it is hoped a meeting can be arranged with DWP and Leisure World to discuss same. Councilman Brown agreed however mentioned that the bridge was somewhat of a water stoppage during the last floods. The Manager reported there are three grants that are looking favorable, $175,000 for trees, $813,000 for sand replenishment, and an electrical vehicle grant. I ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Reg Clewley, Catalina Avenue, requested that the Council place ZTA 96-1 on the next agenda for a decision. Staff indicated an uncertainty as to whether that item is ready to be agendized, there are noticing requirements, etc. Mr. Clewley stated the response was not sufficient, claiming that when something is returned to the Planning Commission it never appears again. The Manager offered to provide Council with a time frame. Councilmember Hastings noted her request for an I 6-23-97 I entertainment ordinance is yet to be forthcoming. To comments made relating to the altering of tapes of meetings, Mr. Peter Anninos, Seal Beach, stated meetings are taped and shown live, there is no editing, no deleting, there is a VHS tape that goes to the City, the same as shown on the air, again, any charge of censoring or editing is far from the truth. I COUNCIL CONCERNS Councilman Fulton said he was pleased to be back from vacation, and decided that earthquakes are not so bad when compared to the rains, tornadoes, and floods in the mid-West. Councilmember Campbell reported that she and Councilman Fulton attended the retirement dinner for Chief of Police Bill Stearns, made reference to his many accolades, the video, attendance by Brad Gates, Sheriff-Coroner, Michael Capi~~i, District Attorney, many Chiefs of Police, and numerous others, and made special reference to the entertainment with the Chief and his saxophone. She reported a fun filled day at Heather Park on Sunday, picnic lunches, music, etc., and commended the President and Neighborhood Association for a job well done. Councilman Brown noted the possibility of an EI Nino winter to which he has asked the City Manager, City Engineer, and Leisure World administration to reevaluate what was done in preparation a couple of years ago, possibly some meetings will be held in that regard. He announced also that the Health Care Center in Leisure World has been approved and construction is under way. Councilmember Forsythe suggested that the Council notify staff of areas that were a concern and problems encountered in the past so they can be anticipated. CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the second item listed on the agenda, a conference with the City's real property negotiator, pursuant to Government Code Section 54956.8, with regard to terms of possible transaction relating to property located at 3900 Lampson Avenue, noting that items one and three had been discussed at the earlier session. By unanimous consent, the Council adjourned to Closed Session at 8:58 p.m. and reconvened at 10:03 p.m. with Mayor Hastings calling the meeting to order. The City Attorney reported that the Council had discussed Closed Session item two, gave direction to its real property negotiator to present an agreement and MOU to the Bixby Company, no further action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, July 14th at 6:30 p.m. to meet in Closed Session. By unanimous consent, the meeting was adjourned at 10:04 p.m. clerk 6-23-97 / 7-14-97 Attest: I Approved: Seal Beach, California July 14, 1997 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Counci1members Brown, Campbell, Forsythe, Fulton Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk I APPROVAL OF AGENDA Brown moved, second by Fulton, to approve the order of the agenda as presented. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION By unanimous consent, the Council adjourned to Closed Session at 6:31 p.m. to discuss the items identified on the agenda, a conference with the City's real property negotiator pursuant to Government Code Section 54956.8 relating to terms of possible transaction for 3900 Lampson Avenue, public employee 'employment of the Chief of Police pursuant to Government Code Section 54957, and a conference with the City's labor negotiator pursuant to Government Code Section 54957.6 with regard to management and mid-management employees. The Council reconvened at 7:07 p.m. with Mayor Hastings calling the meeting to order. The City Attorney reported the Council had discussed the first item listed on the agenda, no action was taken, and that the remaining two items may be discussed at the conclusion of the regular meeting. I ADJOURNMENT The meeting was adjourned at 7:09 p.m. by unanimous consent