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HomeMy WebLinkAboutCC Min 1993-06-28 6-14-93 / 6-28-93 compliance with the conditions of approval and impact on neighboring properties. He also questioned requirements of the Code for walk up/take out and drive through restaurants, the conditions of approval of the original license, and suggested earlier closure and/or a,vehicle barrier to. disallow access to the speakers and drive through lane after a certain hour, possibly 11:00 p.m., w~th security. council indicated their I" interest in looking into this complaint further. Sol John, 12th street, agreed with the Jack-In-The-Box complaint as it related to late night customers, suggested that police officers patrol by means of bicycles, and indicated support for requlation of car alarms. There being no further comments, Mayor Forsythe declared Oral Communications closed. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, June 28th, 1993 at 6:00 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent of those present at 10:26 p.m. lerk and ex-o of Seal Beach of the Approved: .A:u... /r)t" ~""L , , Mayo I Attest: Seal Beach, California June 28, 1993 The reqular adjourned session of June 28, 1993 at 6:00 p.m. was were no Closed Session matters for discussion. 1993. I Seal Beach, California June 28, 1993 The City Council of the city of Seal Beach met in reqular session at 7:05 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. 1 I I. 6-28-93 ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings Absent: Councilman Laszlo Brown moved, second by Doane, to excuse the absence of Councilman Laszlo from this meeting. AYES: NOES: ABSENT : Brown, Doane, Forsythe, Hastings None Laszlo Motion carried WAIVER OF FULL READING Hastings moved, second by Brown, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings, None Laszlo Motion carried ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Tom Charara, Main Street Cafe, said it has come to his attention that the Navy had been willing to consider allowing the City the use of certain property adjacent to Seal Beach Boulevard for the purpose of parking, yet a group of citizens expressed opposition and the matter was shelved. Mr. charara voiced his objection to this potential for additional parking being set aside, and asked that further explanation be provided. To inquiries of Seal Beach resident Bruce Stark, Councilman Brown explained that the senior citizen exemption from the utility Users Tax requires that one be sixty-five years of age or older, have an adjusted gross income of $13,200 or less, and has resided on the property for at least one year, also said that the City is looking to encourage a large retail outlet to locate in Seal Beach. Mr. Bill Orten, 85 Riversea Road, mentioned that during his recent door-to-door contacts people have made comments relating to the utility Users Tax, to which he said given the budget proposal now before the Governor that reduces the property tax loss to cities he would urge the City Council to either immediately scale back or eliminate the Utility Users Tax, thus reducing the burden on the citizens. Mr. Carl Pettit, President of the Board of Directors, Rossmoor Chateau, indicated his presence was to voice concerns of more than four hundred residents of the condominium complexes with regard to the impact of nighttime disturbances, crime and violence within the Rossmoor Shopping Center. He acknowledged efforts to resolve the problem for approximately a year, however no workable solution has been reached, and it is now felt necessary to request Council assistance. He explained that there was a proposal to relocate nighttime parking from the back lot to the front lot which was initially turned down by the theater and the shopping center management, noted the Center management has now indicated a willingness to implement that proposal on a trial basis yet the theater' has not agreed to it. Mr. Pettit presented petitions containing approximately two hundred signatures requesting that the Super Saver Cinema hours be restricted to 10:00 p.m., also that this matter be placed on a future agenda for discussion if felt necessary. The City Manager reported having met with the local and corporate management of the theater as well as shopping center personnel, stated the City has been advised that a noise study is being prepared or is completed, that an acoustical engineer has been retained to investigate the possible use of various materials on the buildings to abate 6-28-93 noise, however no report has been received relating thereto as yet. He noted the Center has also indicated they are developing a landscape and pavement plan for the back lot area, and although they are not in agreement to completely close the back lot consideration may be given to some type of gated area with a landscaped median to buffer residences from parking in the immediate area, allowing exit but no entry during a specific time I frame. He reported that as of the last conversation with the Center management they felt it would be several months before a workable plan would be ready for review, in the interim police protection has been intensified with the Center assuming the cost thereof for three nights per week. Councilman Brown stated his belief that the residents of the area would like to see this problem resolved through the Conditional Use Permit process. Councilmember Hastings recalled an assurance by the theater that persons would not be allowed into the lobby to play video games without having purchased a movie ticket, however stated that is not the case, and suggested that the video games should be removed from the theater. Disturbances resulting from the slamming of car doors and auto alarms were mentioned as well, and Mr. Pettit reported that four gangs are now frequenting the area, which poses another concern. The Assistant City Attorney said if negotiations between the parties were abandoned yet the city wished to resolve the problem, his firm is not convinced that the City has the power to impose a solution that would be acceptable to the residents and the city, whereby the owners of the Center and the theater have property rights and the city can not impose upon those vested rights except if they are paid for or in the event those rights are being used in such away that constitutes a public nuisance. He confirmed however that there is a CUP for the video games, and should evidence show that persons are being allowed to play those games without being a paid movie I ticketholder, revocation of that portion of the CUP could be considered, offering however that the video games are likely only part of the problem as the theater customers also create noise in the late evening hours. Mr. Pettit emphasized his opinion that regulation of the theater hours would resolve the problem. The Attorney pointed out that the Code does not require a CUP for theater use unless it is operated after 2:00 a.m., and even if the city were to implement a change to require a CUP for such operation after an earlier hour, such as 10:00 p.m., it is not certain that such requirement could be imposed on this operation. Mr. Pettit mentioned that a number of condominium owners have sold their properties as a result of the disturbances, often at a loss. Another condominium resident said it is hoped that the entire situation will be looked at when considered by the Planning Commission. Mayor Forsythe requested that this matter be scheduled for consideration by the Planning Commission in August, and that the condominium residents be notified of the meeting date. Sol John, 12th Street, agreed with the complaints lodged, and spoke for more police officers and bicycle patrols. Ms. Karen Tarascio, 111 Welcome Lane, President of the Seal Beach Chapter of the Mobile Home Association, stated the residents of the Trailer Park have been notified of a rental increase effective I July 1st, inquired if the noticed increase should be paid, how residents of the Park will be notified if it is valid, and reported a request of their organization to meet with the City Manager. The City Manager advised that the July 1st rental increase is not valid at this time, noted that as he had indicated by telephone a meeting will be scheduled within the next few days, at which time there can be discussion of the method of notifying the residents that the increase is not valid. There being no further comments, Mayor Forsythe declared Oral Communications closed. I I I . ..,:, I 6-28-93 PRESENTATIONS RESOLUTION NUMBER 4235 - HONORING PHOEBE SHACKEROFF Resolution Number 4235 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING THE ACCOMPLISHMENTS OF PHOEBE SHACKEROFF" was read in full by Mayor Forsythe recognizing Ms. Shackeroff as a recipient of the Finland/United States Senate Youth Exchange Scholarship. Brown moved, second by Hastings, to adopt Resolution Number 4235 as presented. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried RESOLUTION NUMBER 4236 - HONORING 1993 SEAL BEACH KIDS BASEBALL ASSOCIATION Resolution Number 4236 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH RECOGNIZING AND HONORING THE 1993 SEAL BEACH KIDS BASEBALL ASSOCIATION" was read in full by Mayor Forsythe, thereafter introduced the board members, commissioners, committees and coaches present in the audience. Forsythe moved, second by Hastings, to adopt Resolution Number 4236 as presented. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried COUNCIL ITEMS As a result of State budget actions, Mayor Forsythe expressed concern with regard to the impact that reduced hours of operation of the libraries will have, specifically its affect on research and education opportunities for children. She proposed that thought be given to some means of community support that would allow more hours of library operation. Mr. John Adams, Orange County Librarian, described the impact of the State budget on the Orange County Library System, a special district, as complex and a worst case scenario, the trailer bill now before the Governor eliminates completely the special district augmentation funds, and that, coupled with the use of Library District reserves last year to maintain the level of service, results in an approximate $8 million loss of revenue for the upcoming year. Mr. Adams said what ultimately needs to be done is to identify what the revenue sources will be and develop a final spending plan for those limited monies for the coming year, and it is likely that reductions greater than those contemplated for July 1st will be necessary. He noted that all of the County operated libraries are experiencing cuts in all aspects of their operation, explained that the present schedule of operations are interim, will hopefully improve during the year, and urged that interested persons join their Friends of the Library group who will be taking an active role in pursuing a resolution of the existing situation. Mayor Forsythe suggested less operating hours during summer months, more during the school year, possible use of volunteers to subsidize paid staff; Councilmember Hastings proposed a certain amount of autonomy from the County Library system thus allowing support from community resources. Mr. Adams stated there may be closure of certain libraries that are now open, acknowledged that the options mentioned may be looked at, there is interest in working with cities, local organizations, corporations, etc. in the effort to restore library hours, possibly on a contractual basis, however explained that a qualified librarian is required to be on the premises therefore hours of operation could not be extended merely through the use of volunteers, however acknowledged that community fund raising could be directed to supplement the operation of the library locally. Mayor Forsythe expressed appreciation for Mr. Adams' 6-28-93 attendance, and requested that the Council be advised of any new information. APPOINTMENT - CABLE COMMUNICATIONS FOUNDATION Councilman Doane moved to appoint Mr. Paul Rowland as the District Five representative to the Seal Beach Cable Communications Foundation for the unexpired term ending July, 1994. Councilman Brown seconded the motion. I AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried APPOINTMENTS - BOARDS and COMMISSIONS Beach commission Councilman Brown stated his intent that the District Two position on the Beach Commission remain vacant. Councilman Doane reappointed Mr. Tom Lyon as the District Five representative to the Beach Commission for the three year term expiring July, 1996. civil Service Board Councilman Doane appointed Mr. Maury Gutkin as the District Five representative to the Civil Service Board for the six year term expiring July, 1999. Environmental Oualitv Control Board Councilmember Hastings indicated her intent to reappoint Mr. Mark Hotchkiss as the District One representative to the Environmental Quality Control Board for the four year term expiring July, 1997. Parks and Recreation Commission The District One appointment to the Parks and Recreation Commission was held over until the next meeting. Councilman Brown reappointed Mary Helen Finch as the District Two representative to the Parks and Recreation Commission for the three year term expiring JUly, 1996. I Plannina Commission Councilman Brown reappointed Mr. James Sharp as the District Two representative to the Planning Commission for the four year term expiring July, 1997. Mayor Forsythe reappointed Dr. Anton Dahlman as the District Three representative to the Planning Commission for the four year term expiring July, 1997. proiect Area Committee Councilmember Hastings reappointed Mr. Clifford David as the District One resident representative to the Project Area Committee for the two year term expiring July, 1995. The District One business representative appointment was held over until the next meeting. Mayor Forsythe reappointed Ms. Loydean Lazich and Mr. John O'Neil as District Three resident representatives to the Project Area Committee for the two year term expiring July, 1995. I Doane moved, second by Brown, to confirm the Board and Commission appointments as stated. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried II I I 6-28-93 RESOLUTION NUMBER 4237 - MAYORAL APPOINTMENTS Resolution Number 4237 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 4155." By unanimous consent, full reading of Resolution Number 4237 was waived. Doane moved, second by Brown, to adopt Resolution Number 4237, reflecting Mayor Forsythe as the representative to the Board of Directors of Sanitation District Number Three, Councilman Brown as the alternate representative; Councilman Doane as the representative to the West Orange County Water Board, Councilman Brown as the alternate representative; Mayor Forsythe and Councilman Brown as the Council's Finance Committee; Councilman Brown as the representative to the Southern California Association of Governments, Councilmember Hastings as the alternate representative; Mayor Forsythe as the representative to the Orange county Division, League of California Cities, Councilman Laszlo as the alternate representative; and Councilman Laszlo as the representative to the Santa Ana River Flood Protection Agency, Councilman Brown as the alternate representative. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried CONSENT CALENDAR - ITEMS "G" thru "U" Brown moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented. G. Approved regular demands numbered 2432 through 2540 in the amount of $694,737.23 and payroll demands numbered 2081 through 2244 in the amount of $235,629.79 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. H. Approved the minutes of the June 14, 1993 regular adjourned and regular city Council meetings. I. Received and filed the Revised Monthly Investment Report as of April 30, 1993. J. Received and filed the Monthly Investment Report as of May 31, 1993. K. Declared the 1982 Mobile Street Sweeper, License Number 453971, as surplus and authorized the auction of same. Adopted Resolution Number 4238 entitled "PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1993-1994 AND THE ISSUANCE AND SALE OF 1993 TAX AND REVENUE ANTICIPATION NOTES THEREFOR." By unanimous consent, full reading of Resolution Number 4238 was waived. M. Adopted Resolution Number 4239 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION NO. 93-3, AND CONDITIONALLY APPROVING CUP NO. 92-23 AND VARIANCE NO. 92-3 TO PERMIT THE ESTABLISHMENT OF A RESTAURANT SELLING BEER AND WINE FOR ON-PREMISES CONSUMPTION AND TO PERFORM L. 6-28-93 A SEISMIC RETROFIT TO THE PROPERTY GENERALLY KNOWN AS 209 MAIN STREET (BJ I s CHICAGO PIZZERIA)." By unanimous consent, full reading of Resolution Number 4239 was waived. N. Adopted Resolution Number 4240 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTERED CITY, AUTHORIZING THE DESTRUCTION OF CERTAIN POLICE RECORDS." By unanimous consent, full reading of Resolution Number 4240 was waived. II O. Adopted Resolution Number 4241 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH HONORING MAJOR GENERAL DANIEL J. HERNANDEZ." By unanimous consent, full reading of Resolution Number 4241 was waived. P. Received and filed annual financial statements for fiscal year 1990{91 and 1991{92 for Transportation Development Act Article 3 Funds (Bikeways and Pedestrian Facilities Program). Q. Adopted Resolution Number 4232 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." By unanimous consent, full reading of Resolution Number 4232 was waived. R. Adopted Resolution Number 4233 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 Resolution Number 4233 was waived. S. Adopted Resolution Number 4242 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING RESIDENTIAL PERMIT PARKING ONLY FOR EIGHTH STREET AND TENTH STREET, BETWEEN OCEAN AVENUE AND ELECTRIC AVENUE, AND FOR CENTRAL AVENUE BETWEEN SEVENTH AND EIGHTH STREET AND TENTH AND ELEVENTH STREET, AND SETTING FORTH PARKING RESTRICTIONS FOR THE EIGHTH STREET/CENTRAL AVENUE MUNICIPAL PARKING LOT." By unanimous consent, full reading of Resolution Number 4242 was waived. I Received and filed the report from staff, instructed staff and the Environmental Quality Control Board to review the above referenced Notice of Preparation, prepare "Draft Comments", and present same to the City Council for final review and approval of "Final Comments on the Notice of Intent to Prepare a Draft Environmental Impact Report (DEIR) for the Proposed Bolsa Chica Project". U. Adopted Ordinance Number 1370 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, REGARDING HARBORS AND HARBOR T. I .1 I I 6-28-93 SANITATION AND AMENDING THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1370 was waived. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried PUBLIC HEARING - PROPOSED 1993/94 FISCAL YEAR BUDGET Mayor Forsythe declared the public hearing open to consider the proposed 1993/94 fiscal year budget. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications had been received relating to this item. It was the order of the Chair, with consent of the Council, to declare a brief recess. The City Manager reported that even though additional State budget information is now known there are a number of questions that remain unresolved, to which a revised budget will be prepared for consideration in late August or early September to address any amendments that are deemed necessary, as well as an update of the various fu~ds, fund balances, reserves, etc. The Manager commenced an overview of the budget as proposed. with regard to the General Fund he noted an assumed loss of property tax in the amount of $330,000, the estimate of secured property tax, $2,498,395, arrived at by taking the current year actuals, about $40,000 less than had been estimated, two percent growth applied, then deduction of the estimated $330,000 loss; sales and use tax estimated at $1,050,000, down about $90,000 from the 1992/93 estimate, due in part to some leveling of sales tax, the closure of a market and a restaurant, and the loss of the snack tax; it is assumed the aerospace payback will be on a two year schedule given the yet unconfirmed action of the U. S. Supreme Court upholding the decision of California Supreme Court, that payback estimated to be $500,000 spread over the two year period; the Utility Users Tax is increased pursuant to the action taken by the Council, the revenue projected therefrom based on a nine month period, rather than twelve months, allowing time for implementation, however the result of adding cellular is unknown. Staff explained that one of the trailer bills applies specifically to the extension of the half-cent sales tax, whether or not it will continue will likely not be known until after November, the bill providing for the transfer of a portion of the sales tax back to the cities, that amount estimated at about $120,000 however is not reflected in this budget, and if the legislation is approved the tax will be designated specifically for public safety use. Councilman Brown announced the closure of Holiday Hardware in the Rossmoor Center. The Manager noted that the remaining revenues are fairly stable yet with some decline. He explained that D.U.I. cost recovery is subsidized by about sixty-five percent even if collection is realized, a number of those cases still in the collection process, also cost recovery of booking fees is now in the billing stage and one hundred percent recovery is being sought. with regard to refuse, the Manager noted that the gate fees were increased at the County level about eighteen months ago and rather than passing that increase on to the residents, the Council chose to absorb the increase through the franchise revenue. The Manager reported that a proposal is being prepared for consideration of the Council in the near future to activate the jail facility through a privatization contract for pre-bOOking and pre-trial holding, to serve Los Alamitos and Cypress as well, and allow Seal Beach to share the profits and reduce its booking fee, anticipated initial costs included within the proposed departmental budget. 6-28-93 He noted that the County has been the recipient of the difference reflected in years 1990/91 and 1991/92 to 1992/93 and 1993/94 of Fines and Forfeitures. He mentioned that the impact of the state budget is actually greater than just the property tax transfer, the commitment of the Redevelopment Agency is yet unknown, and if the Agency can not meet its obligation to the education fund for the next year the City must assume that payment and the I-- administrative overhead payment to the city will be lost as well. He pointed out that a fund has been created specifically for refuse collection with all revenues and expenditures reflected for that activity. The Manager compared the revenues generated during fiscal years since 1990/91, estimated $11 million for 1993/94, $9.5 million without the increased utility Tax that would have resulted in an approximate $1.2 million deficit. He concluded that the revenue projections reflect an approximate loss of $400,000 in property tax, $250,000 loss of sales tax to aerospace, $215,000 loss of Redevelopment Agency overhead, the Redevelopment Agency transfer, if it remains at nine percent, would be an additional loss of $125,000. He confirmed that the state has taken the total of cigarette tax, reported there had been a proposal to reduce the taking of property tax, made up by the taking of an equal amount of sales tax and motor vehicle in- lieu, however that proposal was defeated, and the position of the cities was a willingness to give up a greater amount of property tax as long as the other funds were left untouched. The Manager reviewed the General Fund transfers, funds generated from other sources, reflected the anticipated inability of a transfer from the Redevelopment Agency, the $237,000 transfer from the Water Fund reflected however is unlikely to occur which in turn will reduce the available General Fund revenue, the difference between General Fund expenditures and revenues at this time being $2.00. I It was explained that the Damage Recovery fund basically reflects damage to city property, repair is paid from the activity fund and upon recovery the revenue comes to the General Fund, also, the $1 million transfer to the Cash Basis Fund, as required by the Charter, will likely leave the General Fund in a deficit situation, and noted that at some point a recommendation will be forthcoming to amend the Charter to delete the Cash Basis requirement. A General Fund increase recommended to the Public Liability Insurance Fund to cover expenses this year which exceeded revenues, a hope that that fund can be enhanced next year, the reserve requirement under OCCRMA being $900,000, yet there is currently no reserve; a reduction of the Workers Compensation Fund; the Lighting and Landscape District remains stable; separate funds created for park improvements and recreation services to more clearly identify General Fund transfers; anticipated revenues reflected in the Air Quality Improvement and Environmental Reserve Funds; the Tideland Beach Fund reflecting revenues from beach related activities as per the agreement with the state, an annual General Fund transfer necessary to offset the shortfall of revenues to expenditures; Gas Tax down about $70,000, that the result of the lack of sufficient revenues in 1990/91 to meet the city's mandated maintenance of effort requirement; the revenues estimate in the Water Fund felt to be fairly accurate as a result of the new computer system, yet another billing cycle is necessary for I" further verification; the Water Conservation program likely to cease as a result of the loss of the special district augmentation funds; a significant increase of water operation costs is projected; a Parking Fund established to which all parking related revenues will be transferred and restricted to programs, activities, studies or projects that have a direct bearing on a parking program; the AB1600 in-lieu study proposed in this budget which will identify what future fees and revenues should be and how the funds collected can be spent, the cost of the AB1600 study possibly an allowable expenditure of the parking funds; through the restructuring of the Redevelopment debt the I I I '" I. . ., ; ~." " 6-28-93 twenty percent low/moderate housing setaside has been committed, approximately $1 million, and now twenty cents of every dollar received is immediately placed in that fund. It was noted that in almost every area the 1992/93 departmental budgets were between two and five percent below approved budget amounts. The Manager reviewed in brief the appropriations by fund reflecting personnel, operation, and capital. He explained that funding abilities under Measure M and gas tax are being reviewed, in part the projects proposed include storm drain/catch basin improvements at Central/Marina Drive, resurfacing of various streets, etc. He reviewed the multi-year expenditure comparison reflecting a decline of expenditures from $12,010,216 in fiscal 1990/91 to $9,208,578 proposed for 1993/94. He reviewed in some detail the City Council proposed budget, recommended the annual membership in the Santa Ana River Flood Protection Agency not be renewed, that contribution to the sister cities International and Mexico be deleted, those items reducing the Council budget by about $2,200; recommended participation in the Local Government Coastal Coalition relating to the suspension of new offshore oil leases, $3,000; and reduction of travel and meeting expenses by one-half, $2,500, given the expenditure in 1992/93 of only $1,800. He made reference to the Council imposed hiring freeze of more than two years, where staff has been reduced through attrition, retirements as well as layoffs, the budget proposes the filling of a vacant position, one new position, and elimination of two positions. He explained that no position can be filed unless there is a budget appropriation, there are positions that are felt should be deleted as they are not warranted, likewise the intent is to develop a list of existing vacancies so that those positions can be considered for filling if additional revenues become available. The Manager requested Council concurrence with the following personnel changes: elimination of the Assistant city Manager classification, one of the two Administrative Assistant positions, and Secretary/Personnel Assistant position in the City Manager's office, adding one-half of a Secretary position to be shared with the Public Works Department; eliminate the Secretary position in the City Clerk's office, retain the Deputy Clerk position as an unfilled vacancy; eliminate the position of an Account Clerk in the Finance Department; eliminate two Sergeant positions in the Police Department, retain one vacant Sergeant position, leaving five rather than seven Sergeant positions; eliminate the Court Liaison position where that service is now provided by contract with Los Alamitos and cypress; reduce the Parking Control positions from four to three; eliminate one Captain position, an Administrative Assistant position, and two Records Clerk positions in the Police Department; fill five of the seven vacant Police Officer positions at the earliest possible time; eliminate one of the three year-round Lifeguard positions; the Executive Secretary position to be shared between Building and Safety and Planning Departments; share one of the two Building Inspectors with the Public Works/Engineering Department, thus one and a half Building Inspectors which then allows the Engineering Aide to work the public counter; transfer the Building Department Account Clerk to Finance; eliminate the vacant Principal Engineering Aide position; eliminate one Maintenance Worker from the Landscape Division with tree trimming provided by private contract; eliminate one mechanic from the Fleet Maintenance Division; eliminate the vacant Carpenter position; reduce the one and a half Janitorial positions by the half and revise the janitorial schedule. The Manager reported $13,600 included in the budget to prepare a personnel classification plan and study to comply with the requirements of the American Disabilities Act; a fixed fee monthly retainer has been agreed upon with the City Attorney firm, noting that the general services portion of the city Attorney budget was reduced by approximately fifty percent this 6-28-93 past year even with the attendance of the Assistant City Attorney at Planning Commission meetings; the budget includes reinstating the Police Reserve Program commencing with five reserve officers, each committing to twenty hours per month; the budget reflects thirty-four police officer positions rather than the forty-three of two years ago, and police support positions are now nine rather than fourteen; a courthouse fee of $3 for each citation I will now go to the County; utilization of the jail as a pre-trial booking facility through a private contract is anticipated to - generate between $45,000 to $90,000 per year after the initial setup cost, a $15,000 annual saving for booking as well; Fire Administration reflects the contract increase, County Fire having been somewhat exempt from the impacts of the state budget thus far; the provision of paramedic services from the Beverly Manor Station may need to be dealt with in about January; a slight increase in the Lifeguard budget, most capital expenditures to be held until the State budget is more clearly defined with the exception of the reconstruction of two towers and the purchase of one vehicle; the budget recommending that the City assume the workers comp payment of $2,000 for one individual who provides maintenance services at the Animal Care Center; the Planning Department budget provides $60,000 to fund a Main Street Specific Plan and $12,000 for the AB1600 analysis, with a likelihood of those amounts being reduced if both are conducted under one consultant agreement; the addition of one planner position will allow additional in-house work which could likewise reduce the cost of the Specific Plan and analysis, accomplish the General Plan updates, allow expanded Code enforcement, mitigation monitoring, etc. It was clarified that an Environmental Impact Report will be done in conjunction with the Main Street Specific Plan. The Manager advised that the Street Maintenance and Street I Cleaning Accounts have been combined into one for more accurate tracking of expenditures, as has the Landscape Maintenance and Tree Trimming Accounts; a one-ton truck is proposed for the Landscape Division; $12,000 included in the Fleet Maintenance Account for mandated underground tank monitoring and reporting; the Building Maintenance Account commits monies for recarpeting of the Mary Wilson Library however prior to making that expenditure it should be determined if there might now be a more appropriate use for those monies given their budgetary problems; $8,000 proposed for a retaining wall along the slope adjacent to the Police Department and up to the Animal Care Facility where the rains have caused erosion; the Water Operations expenditures balanced exactly to its revenue, quite likely will require amendment given the adjustment by the Metropolitan Water District and one other water agency of their rate structure and increased rates for the purchase of water, there will likely be a need to increase the Intergovernmental Account by an additional $445,035. It was pointed out that the Bolsa Chica well is in dire need of improvements, the estimated project cost is $120,000, and once the final fund balances are known it may be necessary to make an appropriation to proceed with those improvements. The Manager reported the Beach Maintenance Account reflects the lease purchase of a front loader tractor and funding for beach signage and trash receptacles; the pier Maintenance Account provides for refurbishing and vandal proofing of the beach restrooms; $115,000 I" exists in the groin repair fund, the difference between that and the estimated project cost of between $220,000 to $240,000 proposed to be transferred from the General Fund to the Tideland Fund to accomplish those necessary repairs; the McGaugh pool is in need of resurfacing at a cost of about $32,000; the aquatic program fees basically offset the expenditures, yet the total pool operation is being reviewed; and unfunded projects are in the range of $800,000. with regard to pavement and curb replacement or repair, Councilmember Hastings suggested there be an evaluation of the types of street trees used prior to commencing street repair projects. The Manager confirmed that I -I I 6-28-93 the staffing of a police substation could be accomplished through the Police Reserve Program, however no monies have been appropriated for construction of a facility. Mayor Forsythe 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. Bill Orten, 85 Riversea Road, acknowledged the accomplishment of staff in preparing a balanced budget within the confines of a hiring freeze and reduction of positions. He urged however that the Council not be swayed by the ease of adopting the budget as presented, stating that the Council should go further and make tough choices to cut payroll, the property tax burden, reduce or eliminate the utility Tax, etc. Council informed Mr. Orten that the Council gave direction to staff throughout the budget process, the budget has been reviewed in depth by each member of the Council after the countless hours of staff time devoted to its preparation, commended the financial expertise of the city Manager, expressed appreciation to the employees for their efforts to address the on-going workload with substantially reduced staff, and concurred that the recent increase of the utility Users Tax would be reviewed should an increase of revenues from other sources be realized. Sol John, 13th Street, supported continued progress in the community, initiating police patrols on bicycles, and taking a bite out of crime. There being no further comments, Mayor Forsythe declared the public hearing closed. Brown moved, second by Hastings, to adopt Resolution Number 4243 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING FISCAL YEAR 1993/94 BUDGET, SETTING APPROPRIATION LIMITS AND AUTHORIZING THE APPROPRIATIONS BY FUND." By unanimous consent, full reading of Resolution Number 4243 was waived. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried PUBLIC HEARING - APPEAL - HEIGHT VARIANCE 93-1/VARIANCE 93-3 - 1305 SANDPIPER DRIVE Doane moved, second by Brown, to continue the public hearing to consider the appeal of conditions of approval of Height Variance 93-1, denial of Variance 93-3 and determination of an amortization period relating to an existing covered roof access structure at 1305 Sandpiper Drive until the regular meeting of August 9, 1993, as requested by the applicants. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried CITY MANAGER REPORTS The City Manager announced that the Old City ~all building is not listed for sale, however sale of the leasehold interest is being offered. COUNCIL CONCERNS Councilman Doane said as he reviewed the budget document any questions that arose were presented to the City Manager and were answered to his satisfaction, that he felt he, as a Councilmember, as well as the city Manager, had done their jobs. Councilman Brown mentioned the concern of Leisure World with regard to the reduction of library hours, also a concern with possible loss of the paramedic unit at the Beverly Manor Station, however a decision relating to that issue has been postponed. Councilmember Hastings noted her concern was with the Old city Hall site, also pointed out a recent news article reporting the 6-28-93 / 7-12-93 efforts of Ms. Helen Saunders to feed and find homes for numerous wild and/or abandoned cats in the City, and noted that donations to that cause would be welcomed. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Bill Orten, 85 Riversea Road, urged support for AB566, legislation I that would allow special districts, like the library systems, to - seek support from the electorate, and suggested that Assemblywoman Allen be encouraged to do likewise. There being no further communications, Mayor Forsythe declared Oral Communications closed. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn until Monday, July 12th at 6:00 p.m. to meet in Closed Session. By unanimous consent of the Council, the meeting was adjourned at 9:55 p.m. ,- of the Approved: .d:d- /q;t:At;.6 May r (l \ t Attest: '-. _ 'l. I Seal Beach, California July 12, 1993 The regular adjourned City Council session scheduled for 6:00 p.m. this date was canceled as there were no Closed Session items for discussion. ~THI1!J l.~M1n~eo, Ci ~tty of Seal Beach , y, 1993 I Seal Beach, California July 12, 1993 The City Council of the city of Seal Beach met in regular session at 7:04 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag.