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HomeMy WebLinkAboutCC Min 1996-01-22 1-9-96 I 1-22-96 consent, full readinq of Resolution Number 4437.was waived. AYES: NOES: ABSENT: Brown, Forsythe, Hastinqs, None Doane, Laszlo Motion carried ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meetinq until Monday, January 22nd, 1996 at 6:30 p.m. By unanimous consent, the meetinq was adjourned at 7:03 p.m. I Attest: of the Approved: - Seal Beach, California January 22, 1996 I The City Council of the city of Seal Beach met in reqular adjourned session at 6:30 p.m. with Mayor Hastinqs callinq the meetinq to order. ROLL CALL Present: Mayor Hastinqs Councilmembers Brown, Doane, Forsythe, Laszlo Absent: None Also present: Mr. Till, city Manaqer Mr. Barrow, City Attorney Mr. Whittenberq, Director of Development Services Mrs. Stoddard, Director of Administrative Services Mrs. Yeo, City Clerk APPROVAL OF AGENDA I The City Manaqer requested that the Closed Session items identified on the aqenda be discussed after the holdinq of a workshop session with the city auditors, suqqestinq also that the workshop be held in the conference room. The city Attorney advised that the workshop would need to be held in a public settinq, however aqreed that the Council could convene in the conference room for the workshop provided that the door remains open for public access. Laszlo moved, second by Forsythe, to' approve the order of the aqenda as presented and aqreed upon. I I I ~ ~ ':1'1 1-22-96 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried By unanimous .consent, the Council adjourned to the conference room to hold a workshop session with the city's auditors at 6:36 p.m. The city Manager explained that the purpose of the workshop was to briefly review the audit with the Finance Director and auditors. The auditor noted that the Redevelopment Agency audit is also included within the City audit document. The Finance Director pointed out the General Fund balance of $958,134 as of July 1st and a June 30, 1995 ending balance of $1,468,817, reflecting $510,000 in the fund balance over what was expended, set forth on page five of the audit. She commended the various departments for keeping within their budgets during the 1994/95 fiscal year. She noted an increase in sales tax likely due to the sale of equipment at the time Rockwell sold their records storage facility, sales tax and the utility users tax both slightly higher than had been projected. The Director noted that page fifty-three reflects the Special Revenue Funds, transfers that the General Fund makes to other funds, the Parks and Recreation Fund as an example which was subsidized to a greater degree than had been anticipated. The City Manager clarified that most all cities subsidize their Parks and Recreation programs, particularly if expenditures for maintenance of parks and facilities are included. A request was made for a comparison of the Parks and Recreation subsidy for last year and the year before. The Director noted a $210,000 in and out transfer from Gas Tax Funds which covers administrative costs. General Government expenditures on page seven reflect an approximate $100,000 over the budgeted amount for departments that do not generate fees, examples of those departments are city Manager, Finance, City Clerk, etc. A comment was made that wages, retirement, etc. for those functions should be separated out, to which there was a response that that is a budget function. The Finance Director made reference to the Special Revenue and Capital Projects Funds commencing on page nine, the detail shown on pages sixty-nine and seventy, reflecting the Redevelopment Agency and Assessment District 94-1 (Surfside), 'rents and concession' revenue short by $208,000, that detail also showing a $208,860 figure that was the contribution of Surfs ide residents to move forward with the undergrounding Assessment District. The Manager pointed out that even though the $900,000 fund balance shown on page seven is reflective of the figure that had been hoped for by year end it remains very low for a $13 million budget, therefore there is still a way to go for the city to be financially healthy. The Director explained that the term 'community development' is reflective of the Planning, Engineering, etc. functions, and confirmed that the $508,000 June 30th Fund Balance is higher than had been projected and without the additional revenue realized from Rockwell the balance would likely have been in the range of $200,000, and revenues identified as 'current service charges' basically includes planning fees, street sweeping, etc., those revenues somewhat short of what had been anticipated. A suggestion was made that revenue categories need to be identified where the fees collected are not covering the services provided. It was pointed out that Redevelopment expenditures exceeded revenues by approximately $36,000, and the figure of $1.3 million is the twenty percent low/moderate housing funds. Question was raised if the low/moderate set aside can be used for housing rehabilitation, also whether the Leisure World Medical Center would qualify given its services to low and moderate income persons. The City Attorney advised that the use of low/ moderate funds is quite limited however housing and rehabilitation are allowable uses, with regard to the 1-22-96 Medical Center stated that a finding would be necessary that it would be of benefit to the Project Area, and offered that the Agency needs to determine how the set aside monies are to be used before they are lost. The City Council returned to Council Chambers at 7:05 p.m. The city Attorney reported that the Council had met in the I conference room, open to the public, for an informational workshop with the City's auditor and Finance Director relating to the annual financial statements, the first item of business listed on the agenda, no Closed Session has been held as yet, and recommended the regular adjourned session be recessed until 8:00 p.m. or the conclusion of the regular meeting to then meet in Closed Session. It was the order of the Chair, with consent of the Council, to recess at 7:07 p.m. as recommended by the City Attorney. The Closed Session was held and concluded at the end of the regular meeting. Attest: lerk and ex-off1 0 clerk of the of Seal Beach Approved: I Seal Beach, California January 22, 1996 The City Council of the City of Seal Beach met in regular session at 7:09 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Doane, Forsythe, Laszlo 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 Mrs. Stoddard, Director of Administrative Services Mrs. Yeo, City Clerk I . - , ~ r I I I 4... " 'i "".' . ;'.~', . I I 11 '. 'M~:;.:\ 1-22-96 APPROVAL OF AGENDA Mayor Hastings requested that Item "K" be removed from the Consent Calendar for separate consideration, and a member of the audience requested Item ilL" removed. Brown moved, second by Hastings, to approve the order of the agenda as revised. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Larry Reinhart, Governmental Affairs Manager for the South Coast Air Quality Control District, Diamond Bar, provided the Council and Manager with information packets as part of the District's local government outreach program, pointing out specifically the Business Clean Air Partnership information, its goals to work with businesses and the community to achieve healthful air, to support economic growth and regional competitiveness, to create a more reasonable and flexible means to clean air, and to require cost effective clean air technology. Significant points of the Plan include discontinuing a requirement to prepare Stage One and Stage Two smog plans in that there has not been a Stage Two alert since 1988 nor a Stage Three alert since 1974, seek legislation that will standardize and simplify environmental permit application reporting requirements, an encouragement for plant expansion and job creation in the Basin, and replacement of Rule 15, the controversial ride sharing rule, with the more flexible Rule 2202 where employers having one hundred or more employees are required to meet an annual emissions target through the implementation of various options. Mr. Reinhart offered the services of his office for any air quality problems or questions that may arise, particularly the reporting requirements under AB 2756. Mr. Reinhart responded in the affirmative to the invitation of Councilman Brown to meet with representatives of Leisure world to discuss where and how the ongoing problems resulting from the nearby generating plant can be resolved. As to the Older Vehicles Program, Mr. Reinhart explained that there has been some experimentation with a device that measures vehicle emissions, located at a parking area entrance or exit as an example, where the vehicle can be identified and if a problem is detected the employee can be notified to suggest that the emission problem be repaired, the expense of which can be borne by the employer, this being an option that may be more attractive to larger corporations. To a question posed by Councilmember Forsythe as to whether the SCAQMD addresses concerns with traffic circulation and levels of service, Mr. Reinhart responded in the negative, suggesting that may fall under the jurisdiction of the Air Resources Board or CalTrans. Mr. Robert Roy having employment at 200 Marina Drive, stated he has been a public access cable producer for over ten years, funded by the Cable Foundation, which provides the viewing of Council and Planning commission meetings, sporting and special events, etc. to the residents of Seal Beach, and emphasized the concern of those producers that public access be retained and expanded through any upcoming negotiations with Comcast or other cable provider, also said this issue is too important to the community to not seek the assistance of a professional cable consultant for the negotiation process. Mr. Roy noted that on two recent occasions the Planning Commission meetings/reruns have been preempted by other programs and inquired why that has occurred. Mr. Kenny Anderson, Leisure World, said he felt the cable franchise was well written and in language that is easily understood, and if renewed as it now exists would take care of what the prior speaker directed his concerns no matter who the provider may be. Mr. Anderson described in some detail his complaint relating to the rate increases imposed by Comcast Cable on the Leisure World 1-22-96 subscribers since 1987. Mr. Anderson indicated his willingness to work with staff towards renewal of the cable franchise. There being no further comments, Mayor Hastings declared Oral Communications closed. AGENDA AMENDED Brown moved, second by Hastings, to amend the agenda to include I a presentation which has come up since the preparation of the agenda. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PRESENTATION Mr. Greg Bingham, Executive Director of the Southern California Municipal Athletic Federation, presented the Golden shield Award to the Seal Beach Recreation Department, one of only four such awards this year in the field of recreational sports, and recognized specifically the efforts of Kathleen McGlynn and Kirk Zuniga. He explained that the Federation is a professional and programming organization for recreational sports throughout Southern California, has a membership of two hundred eleven cities, the region consists of approximately fourteen million people of which about five hundred thousand participate in Federation programs. Mr. Bingham also commended the Council for their support and encouragement of the local recreation program. On behalf of the Recreation Department Ms. McGlynn expressed appreciation for the recognition to Mr. Bingham and the Federation and the city Council. APPOINTMENT - CIVIL SERVICE BOARD Mayor Hastings moved to appoint Mr. Shawn Boyd to fill the I District One vacancy on the Civil Service Board for the unexpired term ending July, 1997. Councilman Doane seconded the motion. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CONSENT CALENDAR - ITEMS "B" thru "0" Brown moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented, except Items "K" and "L", removed for separate consideration. B. 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. .. C. Approved reqular demands numbered 11267 . through 11451 in the amount of $1,175,316.99 and payroll demands numbered 15377 through 15389 in the amount of $533,862.63, and authorized warrants to be drawn on the Treasury for same. I D. Received and filed the audited financial' statements for the City of Seal Beach for fiscal year ending June 30, 1995. E. Received and filed the Monthly Investment- Reports for October and November, 1995; .... 'j .~ '4t .... .",.:t:.~~ ",!, ";'!o.:JI.:~ I... . .t"f\IG!'~:" 'l,jt.~ . ,; 1 F. Adopted Resolution Number 4412 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #669, SURFS IDE REVETMENT REPAIR, CONTRACT ENTERED INTO BETWEEN ROCK STRUCTURES, INC. AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4412 was waived. I G. Bids were received until January 16th, 1995, 2:00 p.m. for Project Number 649, Sidewalk Repair/Reconstruction, at which time the bids were publicly opened by the city Clerk as follows: Ranco Corporation Bopark Enterprises, Inc. OJ Construction Los Angeles Engineering, Inc. E. A. Mendoza Contracting LGT Enterprises Camino Irvine Company $54,710.00 55,230.00 60,898.00 70,475.00 73,612.00 75,350.00 94,942.00 I Awarded the bid for Project Number 649, Sidewalk Repair/Reconstruction, to Ranco Corporation in the amount of $54,710 as the lowest responsible bidder, authorized the City Manager to execute the contract on behalf of the City, and directed staff to maximize available sidewalk repair funding. Authorized a Water Rate study to be prepared by Willdan Associates, the City Manager to execute said consultant agreement on behalf of the city, and adopted Resolution Number 4438 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGETARY AMENDMENTS FOR 1995/96 FISCAL YEAR (WATER RATE STUDY) TO BE APPROPRIATED FROM RETAINED EARNINGS." By unanimous consent, full reading of Resolution Number 4438 was waived; . H. I I. Approved the minutes of the January 8, 1996 regular adjourned and regular meetings, and the January 9, 1996 regular adjourned meeting. J. Received and filed the staff report relating to the Fact Sheet for the Site 9 Sandblast Grit Disposal Area, Seal Beach Naval Weapons Station, and directed that same be provided the Planning Commission and Archaeological Advisory Committee for information purposes. Approved the proposal of Willdan Associates to provide annual administrative services for Assessment District Number 94-1, Surfside Undergrounding. M. N. Bids were received until 1:30 p.m. and opened at 2:00 p.m. on January 3, 1996 for.. the purchase of City vehicles as follows: One Heavy Duty 3/4 ton Truck for the Public Works Electrical Division: 1-22-96 1-22-96 Downey Auto Center Mike McCarthy Buick Nicholas Chevrolet Arrow Automotive Group $16,686.00 18,023.63 18,436.72 18,748.00 One 3/4 ton Truck for the Public Works Parks Division: Downey Auto Center Mike McCarthy Buick Nicholas Chevrolet Arrow Automotive Group $16,769.00 17,725.94 18,126.20 18,509.00 I. O. Awarded the bid for one Heavy Duty 3/4 ton Truck for the Public Works Department Electrical Division to Downey Auto Center in the amount of $16,686.00 and for one Heavy Duty 3/4 ton Truck for the Public Works Department Parks Division to Downey Auto Center in the amount of $16,769.00 as the lowest responsible bidder, rejected all bids for the 4x4 Truck for the Lifeguard Department and authorized the readvertising for bids for same. Approved an agreement with Mr. Paul Rever for professional services for preparation, training and submittal of the Standardized Emergency Management System plan and authorized the City Manager to execute same on behalf of the City. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "K" - PRELIMINARY NON-AVIATION CONCEPTS REPORT - EL TORO REUSE PLAN Mayor Hastings expressed concern with the non-aviation concept for reuse of the E1 Toro Marine Air Station inasmuch as there would no longer be any military aircraft facility in close proximity to the coastline, her preference would be that the site be utilized as a private airport facility with some development of remaining acreage, which would allow for conversion to military use for national security purposes should the need ever arise in the future. In response to Councilman Laszlo, the Director of Development Services reported the communication relating to this report was received from the Marine Station E1 Toro Reuse Authority, the E1 Toro Local Redevelopment Authority, a County agency that is beginning the process to prepare an EIR for both an aviation and non-aviation use of the property, the staff report noting that this is an opportunity for the County to receive comments as to what type of non-aviation alternatives should be considered in the EIR document. He noted that a news article this date reported a preliminary report is to be released on Thursday with regard to general aviation use, providing information relating to flight paths, number of flights, passenger services, etc., the combination of all of that information to be considered for the draft EIR that will likely be available for public review by June or July, 1996. with regard to this issue being on the ballot once again, Councilman Laszlo explained that south County is attempting an initiative to turn around the passage of the prior ballot measure that supported airport use. The Director suggested that it should be kept in mind that the measure approved by the voters was for aviation use of two thousand acres of the site, the best use of an additional two thousand seven hundred acres is yet to be determined, the EIR will primarily address aviation use as that is what received voter I I I I , '. I... l' ,~~ pi'i, 1-22-96 approval, and pointed out that the non-aviation concept before the Council is for the entire property. Councilmember Forsythe mentioned that this is for public information purposes only at this point and the Council is taking no position as to the various use proposals. Forsythe moved, second by Brown, to receive and file the staff report and that said report be provided to the local libraries for public information. Councilman Laszlo said he believed the initiative has qualified and will be identified as Measure "S" on the March ballot. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM ilL" - COMCAST CABLE - PENDING RATE INCREASE Mr. Kenny Anderson, resident of Leisure World, expressed his belief that according to the Cable Franchise there are four months remaining for the city to consider the rate increase on the basic service, and there is adequate time to give consideration to a new franchise award in that the existing franchise does not expire until March, 1997. He agreed that local origination is one area that needs to be looked at carefully as well as other salient points of the franchise. He read an excerpt from the franchise relating to cable services between Leisure World and the grantee at the time the existing City franchise was approved, to which he claimed that upon the 1992 expiration of the twenty-five year Leisure World cable agreement the provisions of the City franchise have since applied. The City Manager confirmed that should there be no action by the Council to intervene by February 1st a thirty cent increase will take effect on the basic service, and attention will then be focused on renegotiation of the franchise agreement. Mr. Anderson pointed out that no increase can be applied to the franchise fee. He also urged that the Koll development at Bolsa Chica be fought, and then announced his upcoming ninetieth birthday whereupon his intent is to not be so publicly active. Mr. Anderson was assured that the city will do its best to negotiate a beneficial cable franchise. Question was posed if Comcast has the right to preempt local programming, and the response was that even though they are required to provide public access, in the case of the Planning Commission meetings they may have been shown at some other time, also, that type of provision can be addressed in the franchise agreement. Councilman Laszlo said he understood that the Cable Act of 1984 provided that as long as the cable service was not unsatisfactory it could remain in the area whether or not the cable franchise was renewed, also, it may be difficult to obtain another provider in that the system is required to be undergrounded which is quite costly. Mr. Peter Anninos, public access, said at one point there was a channel for local origination and a channel for public access, they were then merged into one channel resulting in a loss of public access time, and offered his opinion that public access is supposed to be for that purpose only and his understanding is that it should not be preempted for paid programming. Ms. Terri Quinlin, access producer, stated that having reviewed the cable franchise a number of loopholes were found however it seems as if the only issue being looked at is the rates and the opinion is that there is no need to retain a cable franchise consultant, however expressed her opinion that consultant services are needed. She said it is hoped that public access/origination will continued. It was suggested that the public access group make note of what they find is or is riot in the franchise agreement, is of concern, and provide those comments to the City for consideration during negotiations. Mr. Anderson interjected a comment that the cable company needs to seek approval to reduce 1-22-96 any programming. Laszlo moved, second by Doane, to take no action with regard to the proposed thirty cent rate increase for basic cable service, and authorize City staff and the City Attorney to move forward towards negotiation of cable franchise opportunities. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I CITY MANAGER REPORTS The City Manager noted the brief overview at the last meeting of the city's budget at mid-year, of particular concern the lack of funding for major capital improvements, specifically the countywide 800 MHz communication system, since that time a meeting has been called between several cities that are in similar circumstances to discuss various funding mechanisms, possibly a joint funding program, then a determination as to whether the City can afford to join the program at the outset rather than experience a greater expense at a later time. He advised that the Main street Specific Plan will soon be back on track, and that a report relating to the residential burglary alarm fees will be forthcoming in the near future. CITY COUNCIL REPORTS Councilman Doane extended birthday wishes to Mr. stan Anderson, second term president of the Seal Beach Business Association. Councilmember Forsythe mentioned that the Calvary Chapel is moving out of the McGaugh Auditorium however advised that another church is now going to use that facility, information from the School District is that it is a smaller church and will be a lesser impact on adjacent neighborhoods, however she pointed out that the new church is moving from downtown as it I has outgrown its facilities thus questioned what will happen when it outgrows the parking area at McGaugh, which is where it has been said that the parking will be confined. Although the city has no control over actions of the School District, Councilmember Forsythe asked what is the recourse of the city when streets, curbs, driveways, etc. become in need of repair and that expense is borne by the City. The Manager suggested that staff meet with the District before the relocation of the new church is finalized to resolve any such concerns before they become an issue. Councilmember Forsythe reported having been contacted by individuals from the City of Huntington Beach inquiring as to this city's interest in joining some legal recourse to the Coastal Commission approval of the Koll project, and inquired if there is some form of support for such an action other than financial. The City Attorney advised that the City could lend amicus support, however that is generally an action at the appellate level, also, the city is represented by the attorney that filed the environmental action against the County with respect to the EIR, the hearing on which is scheduled for February 2nd, and suggested that Council request the Director of Development Services to make contact with that attorney and join others that may be pursuing violations of the Coastal Act as well. To comments of Mayor Hastings, the City Attorney advised that concerns of the City with regard to the taking of the I wetlands, Commission action opposite the recommendation of their staff, etc. could also be passed on or pursued in other ways such as legislation or litigation, various options may become available. In response to Councilman Laszlo, the Director of Development Services reported that the amendments to the DWP Specific Plan will be before the Council at the next meeting. Councilman Brown noted that time is drawing closer when a decision will need to be made with regard to the land fill situation, one option under discussion is the formation of an organization that would purchase the land from the County and the cities would then be participants in the program. He I I I . . .. , ,..~: ",'..~f'.:~' oj. I 0' '.I .. " I' il.....~. l!>'~ . 1-22-96 reported also the one hundred year birthday celebration of a Leisure World gentleman on January 14th with entertainment, refreshments, and attendance of many distinguished persons. Mayor Hastings reported her attendance at an open house to meet newly elected Assemblyman Scott Baugh during which she had the opportunity to bring up the subjects of beach erosion, sand replenishment, revetment repair, etc. She noted that Congressman Rohrabacher suggested that a meeting be scheduled with other cities in the area that realize like problems, Huntington Beach, Sunset Beach, Newport Beach, as well as Surfside, to plan for participation in the Surfs ide Nourishment Program when that occurs, to which Mayor Hastings indicated her preference that such meeting be held in Seal Beach and include the legislative representatives. In reference to a previous speed limit concern on First Street south of Pacific Coast Highway, Mayor Hastings said she had driven the Street, verified that the speed limit is presently forty-five miles per hour, a concern given its proximity to the Trailer Park, Oakwood, Marina Park, the tennis courts, etc., and suggested that the speed limit be lowered to thirty-five as it is on Seal Beach Boulevard. The City Engineer noted that when the speed survey was adopted staff agreed to relook at the speed on First Street, a report forthcoming regarding that issue. Mayor Hastings read a communication from Judy Norton, Surfside, as well as an excerpt from the Colony newsletter, expressing appreciation for the cooperation and assistance of the City in resolving the recent sand erosion problem. Councilman Brown asked that an approximate cost be determined to retain consultant services for the cable franchise negotiations. ORAL COMMUNICATIONS There were no Oral Communications. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting to Closed Session to discuss the items identified on the 6:30 p.m. regular adjourned session agenda, Stark versus City of Seal Beach, U. S. Supreme Court Case #95- 715 and Bulmash versus City of Seal Beach, O. C. Superior Court Case #754-603, existing litigation pursuant to Government Code Section 54956.9(a). By unanimous consent, the Council adjourned to Closed Session at 8:22 p.m. The Council reconvened at 9:14 p.m. with Mayor Hastings calling the meeting to order. The City Attorney reported the Council had discussed the items identified on the 6:30 p.m. agenda, gave direction with respect to the two items of litigation, and no other action was taken. It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, February 12th, 1996 at 6:00 p.m. to meet in Closed Session if deemed necessary. The meeting was adjourned by unanimous consent at 9:15 p.m. Approved: Clerk of the Clerk and ex-of of Seal Beach Attest: