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.
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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.
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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
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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.
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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'
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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.