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HomeMy WebLinkAboutCC Min 1994-08-08 I I I 8-1-94 / 8-8-94 Approved: A~~ Mayor /\ ( I ..' Attest: Seal Beach, California August 8, 1994 , The regular adjourned meeting scheduled for 6:30 p.m. this date was cancelled as there were no items requiring Closed Session discussion. , fl J);L i r '''-.IJP /) .u.Jli 2J Clerk .~ / Seal Beach, California August 8, 1994 .::- The City Council of the City of Seal Beach met in regular session at 7:01 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. . ROLL CALL Present: , Mayor Brown Councilmembers Doane, Forsythe, Hastings, Laszlo Absent: None Also present: Mr. Bankston, City Manager.- Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk t.:~ APPROVAL OF AGENDA For information of the public, Mayor Brown read the description of items on the Consent Calendar. Councilman Laszlo requested Item "D" be removed from the Consent Calendar, and Councilmember Forsythe requested Item "E" removed. Hastings moved, second by Forsythe, to approve the agenda as revised. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS There were no Oral Communications at this time. 8-8-94 CONSENT CALENDAR - ITEMS "A" thru "G" Doane moved, second by Laszlo, to approve the recommended action for items on the Cons ant Calendar as presented, with Items "0" and "E" removed for separate action. A. 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. I B. Approved regular demands numbered 6162 through 629J in the amount of $165,547.50 and payroll demands numbered 7670 through 7895 in the amount of $286,396.15, and authorized warrants to be drawn on the Treasury for same. C. Approved the minutes of the July 25th regular meeting. F. Approved second reading and adoption of Ordinance Number 1385 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO BEACHES AND PIERS." By unanimous consent, full reading of Ordinance Number 1385 was waived. G. Approved the introduction and first reading of Ordinance Number 1386 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING A CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SEAL BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." (Two years additional service credit). By unanimous consent, full reading of Ordinance Number 1386 was waived. I AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "0" - AICUZ STUDi' - LOS ALAMITOS ARMY AIRFIELD - AIRPORT LAND USE COMMISSION Councilman Laszlo men~ioned that the Airport Land Use Commission had considered the AICUZ Study at their last meeting in July, at which time he request2d that adoption of the study be held over to allow Seal Beach, the Rossmoor Homeowners Association and possibly Los Alamitos the opportunity to submit comments. He noted that there had been some discussion of noise contours by I the Commission during consideration of the Study, and recalled that monitors had bee;, used to measure noise levels for the preparation of the noise study. The Director of Development Services confirmed that as part of the noise evaluations for the BiXby development there were monitoring stations on the golf course property to measure noise contours of helicopters and fixed wing aircraft as they departed from the Armed Forces Reserve Center. Councilman Laszlo asked that those records be forwarded to the Airport Land Use Commission for their information, and said he has requested that the draft noise I I I 8-8-94 study of the Bixby EIR also be forwarded.~ The City Manager mentloned that the draft noise study has not been forwarded as yet, an attempt is being made to determine when the EIR will be completed which will in turn be forwarded.to the Airport Land Use Commission, the noise study and aviation report will be a par~ ~hereof~ and offered that if the EIR completion is not antlclpated ln the near future the draft noise study could possibly be extracted therefrom and forwarded. Councilman Laszlo offered his belief that the ALUC was not anxious to adopt the AICUZ study at the July meeting inasmuch as once adopted it can not be changed for a year. The Director of Development Services pointed out that the response letter to the Airport Land Use Commission states that noise studies were done by the City's consultants in 1992 and 1993, and offered that a clarifying clause could be added to state:that that work included actual field measurements by noise meters, and provide the Commission with a map of the meter locations as well. Councilman Laszlo suggested they also be advised that efforts are being made to provide the complete noise study. ITEM "E" - COASTAL CONMISSION GUIDANCE - BEACH CURFEWS For information of the public, Councilmember Forsythe mentioned that the Coastal Commission challenged the local beach communities when they imposed a 10:00 p.m. curfew claiming that the beach is for use by the general public and access should be allowed, however the smaller communities like Seal Beach were experiencing enforcement problems as a result of disturbances arising at the beach during nighttime hours which in turn left the remainder of the ?ommunity without adequate police coverage. She read an excerpt from the comment letter to the Coastal Commission that "city. staff and the Office of the City Attorney are of the position that the "Proposed Guidance On Actions Limiting PUblic Access to Beaches and State Waters Through Beach Curfews," dated March 18, 1994 constitute~ an impermissible interference into the municipal ~ffairs of the City of Seal Beach. The document would unreasonably impinge on the city's Constitutionally granted authority to enact ordinances concerning "municipal affairs," namely the protection of the health, safety, and welfare of its citizens. Further, the "Proposed Guidelines" constitute a legislative act in excess of the jurisdiction of the Coastal Commission, and a position of the Commission not authorized by law." Attention was directed to the fact that the Coastal Commission is attempting to seek legislation that would supersede the powers of cities regarding beach curfews,to which Councilmember Forsythe mentioned that the intent of the Commission is to review the curfew issue on a case by case basis, the City would need to prove, which it can by the statistics, that the crime rate has been reduced since imposing the curfew, and noted that the City of Long Beach has initiated a legal action against the Commission. With regard to the proposed beach curfew guidelines presented to the city by the Coastal Commission, the City Manager mentioned that a number of jurisdictions, including Seal Beach, have challenged their legal authority in this matter, the commission saying they have that authority, and are also pursuing legislation to assure their authority. Councilmember Hastings and Mayor Brown urged that the City and individuals express written objection to this matter to the State A~torney General, Dan Lungren. Councilmember Forsythe emphasized her opinion that the State should not be telling the City that it must allow pUblic beach access twenty-four hours a day, the City in turn assuming the cost of related enforcement. Forsythe moved, second by Laszlo, to receive and file the staff report and authorizeche Mayor to sign the .comment letter, as amended, to the Airport Land Use Commission regarding the "Final AICUZ Study, Los Alamitos Army Airfield", and authorize the 8-8-94 Mayor to sign the formal response letter to the Coastal Commission, and receive and file the staff report. AYES: NOES: Brown, Doane, None Forsythe, Hastings, Laszlo Motion carried PUBLIC HEARING - 1994/95 FISCAL YEAR BUDGET I Mayor Brown declared the public hearing open to consider the proposed 1994/95 fisc~l year budget. The city Cl7rk certified - that notice of the public hearing had been advertlsed as required by law, and reported no communications received regarding this matter. councilmember Hastings read a letter from Mr. Ron Miller expressing concern that 'the budget is higher rather than lower, that Seal Beach has the highest utility tax in the State of California, that the people of Seal Beach recognize the need for a reserve fund but object to utilizing the utility tax money to pay overtime, which is usually unnecessary, dnd generally turns into a fraud. working for a firm that does 3udits, most cities and businesses are doing away with overtime, if additional time is worked the person is compensated with time off, the only overtime accepted is for emergencies.' Mayor Brown said the City Manager has been requested to address 'che issue of overtime during his budget presentation. The city Manager offered to respond to the overtime as well as other budget inquiries that have been received. With regard to the growth of the budget figure and in response to the Register newspaper article relating to the budget, the Manager r2ported the budget as presented reflects all revenues, whether they be pass-throughs, trust accounts, or enterprise funds, whi~h has not always been the case in prior budgets, with the transition from the cash basis to the accrual accounting system and the establishment of various funds, which I staff has been workin9 on for the past two years, all come to conclusion in this budget, therefore it would be nearly impossible for someone to compare prior budget documents without further explanation of the differences. He stated as the primary fund that handles governmental functions, exclUding Water, Sewer, Tidelan~ Beach, and Recreation, the General Fund provides maintenance, services, police, fire, building and safety, and other gen.."ral governmental operations. He offered that this budget is a much more accurate gauge for comparison purposes, as an example prior budgets did not show the funds collected by the City and paid back to the franchise hauler as they are not really incomes or expenditures, that amount over $1 million, the manner in which the Tax and Revenue Anticipation Note was reported is now different, approximately $2 million, therefore if one were to use the total of all funds for comparison with prior budgets this budget would reflect some significant increases however it is actually reflective of the manner of reporting and there are no increases of operating expenses. He described in some detail the mUltiple-year expenditure comparison of General Funds, $9,336,170 in 1986/87, increased to the highest amount of $13,000,608 in 1991/92, and decreased to $11,555,)80 in 1994/95, the numbers being true' expenditures, the amounts adjusted to what would have been reflected on the cash basis to accrual modification, the budget reflects the TRAN and transfers to other funds, and noted I specifically the $443 per capita expenditure figure based upon the 1994/95 budget, again 1991/92 the highest of $518 per capita.. Again for th0 sake of comparison an increase has been experienced in the Police budget of $155,000, Fire Department budget of $137,000, a $40,000 mandate in Storm Drains, $52,000 in Animal Control dependent upon contract negotiations, transfers out are $183,000, detention facility is $76,000, those six items accounting for $644,000 of the $696,000 increase. He explained that the budget of 1994/95 shows a reduction of overtime, overtime an issue in all cities and a concern of his, I I I 8-8-94 particularly in the Police Department which is the most difficult area to control, an example being where an incident occurs at the 7hange Rf shift and a report must be completed before the off~cer ca~ leave, last year a factor was the intensification of patrols early in the fiscal year as a result of robberies occurring in the downtown area, which was a successful effort and thereafter the crime stats dropped significantly. He pointed out that one needs to also look at the efficiencies of the Department, and made reference to a sur~ey conducted by another city, verified for its accuracy, tak~ng a per dollar cost on a per capita basis of other police operations within the general area, Cypress operates at $155.56 per person, Seal Beach is $142.86, Los Alamitos is $207.69, and La Palma is $176.48, Seal Beach having the lowest per capita of the four cities, also the lowest crime rate and the fastest response time. The Manager explained that comp time is banked and certain maximums of accrual can be set, if too much is allowed to accumulate then it is likely an officer will accrue comp hours in one yea= at the current salary rate then be paid for it either at the time of termination or some other point at a different rate, thus the payoff will be higher. It was explained that overtiille for the Police Department last year was higher than the two prior years and higher than the budget estimate, one reason being that patrols were intensified, almost doubled, for over two: months in the Main Street core area, also, comp time, which had a maximum accrual of one hundred sixty hours, was dropped to seventy-five, therefore all offficers that had more than the maximum received a buy-down to the seventy- five, that in order to relieve the liability to the city at current salary rather than at salary rates that increase over time, in the long run it is significantly less to pay overtime in those situations, however if there is enough staff to accommodate an employee taking comp time without sacrificing the deployment ratio then comp time is cheaper, the intent being to create the most officer in the field for the dollar. To a question as to who, other than the Chief, reviews overtime and how often, the Manager advised that overtime is reviewed by the City Manager on a payroll basis, for any officer or employee that has generated more than eight hours in any eighty hour payroll period the co~puter generates a report which is reviewed and the purpose for toe overtime is verified. This budget also reflects that when thpre is a special event the sponsor of the event is billed for the overtime, where it was past practice to take the revenue over the expenses and book what was left as revenue, nothing else was reflected in the budget, which is no longer the case as all overtime, even if a special event, is run through payroll, is compensated to the employee, yet the special event is billed at time and a half for the services of the officer. In response'to the comment that Seal Beach has the highest utility users tax in the State, the Manager explained that the eleven percent rate is the highest in the Southern California Edison rate area, yet Seal Beach is not alone at eleven percent, in looking at the revenues from sales tax of those cities, the cities having high sales tax generation have little or no utility users tax, and through a random check it was found that seven cities that had a five or six percent rate in all cases that percentage was applied to water and cable television as well, therefore the net impact on the consumer at a six percent rate is:no dollar difference than the eleven percent applied to the electric, gas and telephone utilities, in a typical household water is the single highest utility and in some cases equal to or twice the amount of the combination of the other three. As to why the utility u~ers is not applied to water in this community, the Manager noted that the city has its own water utility, has chosen to operate it as an enterprise fund, and has determined to keep the cost consistent with providing the water service and not as a supplement to the 8-8-94 General Fund. He pointed out that the utility user~ tax of Los Angeles is twelve and one-half percent, Long Beach ~s twelve and is applied to cable. The Manager confirmed that the groin repair fund is in the budget however the fund has ~een,renamed, the engineering repair estimate was $235,000, f~nd~ng ~s , , approximately $258,000, however with the potent~al of obta~n~ng sand the recommendation to the council had been to add to the I groin fund an amount equal to what was necessary for the sand and defer the groin repair to the subsequent budget ~ea:, the - recommendation contin.les to be that a budget appropr~at~on of $400,000 remain for sand purposes, and un~ess there is an , opportunity to purchase sand sooner, by m~d-year the Counc~l would have the option of proceeding with the groin repair,and allocating the remaining $150,000 to a fund for sand nour~~hment that could possibly b8 enhanced each year. The Manager po~nted out that there are some special funds with revenues and fund balances in excess of expenditures where staff will be coming to the council throughout the year seeking authorization for expenditures for certain projects or improvements. Members of the Council mentioned that there had been a review of revenues on July 25th and a budget workshop of August 1st, also, after the November election there may be another attempt to reduce the state deficit at the cost of the cities therefore it is necessary that the City be somewhat cautious and prepared. There being no comments from the audience, Mayor Brown declared the public hearing closed. As a point of clarification to the previously read communication, specifically to the statement that the utility users tax was being used for overtime, the City Manager explained that with this budget the revenue increase from the utility users tax is equal to the direct dollars that are I attributed to the state take-away actions, nothing applicable to any additional or increase of services, that having been done by virtue of cuts in other areas. Forsythe moved, second by Hastings, to adopt Resolution Number 4327 entitled "A RESO.,"UTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING FISCAL YEAR 1994/95 BUDGET, SETTING APPROPRIATION LIMITATION AND AUTHORIZING APPROPRIATIONS BY FUND." By unanimo',ls consent, full reading of Resolution Number 4327 was waived. Councilman Doane stated he would not be voting in support of this item, said his action was in no way a reflection on the City Manager or the staff as they have done a good job with the budget, that his vote was reflective of the opinions of his constituents relative to the utility users tax. He noted his interest in the City Manager's explanation of the utility tax rates in cities having higher amounts of sales tax, and pledged to do everything possible to increase the sales tax of this community. Councilmember Forsythe pointed out that each percentage of the utility users tax increase represented $300,000, and even if the City were successful in bringing a good restaurant into the community, several would be needed to make up just one percent, thus if the utility tax were rolled back before that amou~t could be absorbed, she inquired as to what services one would like to see given up. Mayor Brown said he too has heard complaints regarding the utility tax rate, as I, well as questions as to why Leisure World is a part of the city and suggestions that:-hey become their own community, to which his response has been that the representation of the City is needed. He stated hi:; intent to vote for adoption of the budget as it is necessary to keep the city solvent and moving in the direction it is, efforts will continue to move towards reducing the utility tax, there have been two fires, there is a need for sand, city employees have been cut from one hundred thirty to below one hundred, and all means of reduction continue to be looked at. Councilmember Hastings noted that the utility users I I I .,f 8-8-94 tax ha~ been rev~ewed a~ part of the budget preparation and determ~ned th~t,.~t rema~n unc~anged for the time being, and state~ her op~n~on thatadopt~on of the budget is necessary for the C~ty to continue pperating as it is presently. r Vote on the adoption of Resolution Number'4327: AYES: NOES: Brown, Forsythe, Hastings,~Laszlo Doane Motion carried , PUBLIC HEARING - ADULT-ORIENTED BUSINESSES Mayor Brown declared the public hearing open to consider Negative Declaration 94-5 and Zone Text Amendment 94-1 relating to Adult-Oriented Businesses. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received either for or against this item. The Director of Development Services presented the staff report, explained that the ordinance proposed is to bring the City into compliance with recent California court decisions regarding the regulation of adult- oriented businesses. 'He pointed out that the Council packet included the Planning commission July 20th agenda information, a map indicating areas that would be excluded from this type of use based upon the distance requirements proposed from residential areas, churches, schools, etc., a memorandum summarizing various studies conducted nationwide from 1977 through 1989 as to the adverse secondary impacts of adult- oriented businesses, and a summary of court decisions as to what types of actions citi~s can and can not take to stay within the bounds of the constitGtion regarding the expression of First Amendment rights and the control of adverse secondary effects caused by this type of use that have been documented in the studies. The Director reported the Planning commission recommended approval of the ordinance, and pointed out that the City Attorney had provided a memorandum relating to this item as well. In response to Council, the Director stated that over the past six to eight months there have been a couple of inquires for businesses that would be affected by this ordinance, however there have been no specific discussions related thereto,. He clarified that the proposed ordinance does not address magazines, the newsra.~k ordinance is being worked on and will be forthcoming. The Ci,ty Attorney recalled that the issue of adult videos has been addressed whereby they are to be out of view of any person under eighteen years of age and the covers are to be blocked out. Members' of the Council mentioned that there has been non-compliance to the adult video ordinance by some. There was brief discussion as to the shopping centers and properties where adult-oriented businesses could be allowed. At the request of Council, t?e City Attorney explained that there have been a number of court cases that treat adult-oriented businesses as being ptotected under the First Amendment, that they must be allowed somewhere, this ordinance patterned after an ordinance that has been upheld by the courts which allowed such use in shopping centers as long as there was no frontage of the use that could be seen by schools, churches, or residentially zoned properties, the standards for such businesses are set fOFth by the ordinance. There being no comments from the audience, Mayor Brown declared the public hearing closed. RESOLUTION NUMBER 432? - ADULT-ORIENTED BUSINESSES - NEGATIVE DECLARATION Hastings moved, second by Forsythe, to adopt Resolution Number 4328 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION NO. 94-5, RELATING TO A NEW CHAPTER 11-E TO T~E CODE OF THE CITY OF SEAL BEACH RELATING TO ADULT-ORIENTED BUSINESSES, AND AMENDIN~ RELATED SECTIONS OF - 8-8-94 THE CODE (ZONE TEXT AMENDMENT 94-1)." By unanimous consent, full reading of Resolution Number 4328 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORDINANCE NUMBER 1387 - ADULT-ORIENTED BUSINESSES Ordinance Number 1387 was presented to Council entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADDING CHAPTER llE AND AMENDING VARIOUS SECTIONS OF THE SEAL BEACH MUNICIPAL CODE RELATING TO ADULT-ORIENTED BUSINESSES." By unanimous consent, full reading of ordi~ance Number 1387 was waived. Forsythe moved, second by Hastlngs, tO,approve the introduction of Ordinance Number 1387 and that lt be passed to second reading. I AYES: NOES: Brown, Doane, None Forsythe, Hastings, Laszlo Motion carried VACANCIES - CIVIL SERVICE BOARD / DEPARTMENT OF WATER and POWER ADVISORY COMMITTEE civil Service Board Councilman Doane appointed Ms. Renee McNett as the District Five representative to the civil Service Board for the unexpired term ending July, 1999. Department of Water and Power Advisory Board Councilman Doane appointed Mr. Hal Robertson as the District Five representative to the Department of Water and Power Advisory Board. Doane moved, second by Laszlo, to confirm the District Five appointments. I AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried AD HOC COUNCIL COMMITTEE - FEDERAL BASE CLOSURE The City Manager recalled considerable discussion and speculation last year regarding closure of the Naval Weapons Station, and although this is well ahead of the federal government hearing process it is anticipated that every base that was considered, even remotely, last year will most likely be up for reconsideration, that the Long Beach Naval Shipyard is high on the list and Long Beach is aggressively approaching the prospects of a fight to keep the Shipyard. He said it is fortunate in that Lon':; Beach views the Weapons Station as critical to them in that if the Weapons station were to close the Shipyard would su~ely close yet the closure of the Shipyard does not necessitate the closure of the Weapons Station, and that Long Beach has formed committees and a consultant has been retained to keep them informed. The Manager requested that a two member Ad Hoc Council Committee be established to review information as it is received and to assist him in determining what actions may come forward to the Council in the form of recommendations, also possible expansion of the Committee as I more data becomes available. It was the consensus of the Council to designate Councilmembers Forsythe and Laszlo as the two member Ad Hoc ComH.ittee. STATUS OF BEACH REPLENISHMENT The City Manager reported that when the source of sand project became known to the City there were estimates as to the quantity of sand that would be available for beach replenishment and for the general contractor for his concrete mix project. As work has progressed with the excavation of the site the contractor is I I I 8-8-94 finding more fill dirt and clay mixed at the lower elevations of the sand than ~ere first assumed from the,bore samples that had been taken initially, and at this point the contractor that the city has been working with to acquire sand has actually been buying additional sand for his purposes, and through the first third of the project they have not uncovered the type and quantity of sand that would allow disposal for the City's use. He offered however that there still may be sands available through the remaining two-thirds of the project. The Manager reported that through press coverage and circulation of the City's various petitions the City has made contacts that would likely not have been known and there is a followed up to those, for example two trucking firms that have been involved with prior Santa Ana River projects have indicated that if they bid on any project for hauling sand they will make notification to the City, the Whittier Narrows Dam project is being followed up, the engineers for that project aware that ,the City is interested, there is a railroad project in the Dana Point area that has been preliminarily estimated at 400,000 cubic yards, however is not as yet at a point where the sand can be tested. He noted that the City received approval from every required State and Federal agency for the sand replenishment project as well asrthe Navy's willingness to allow transport across their property, at this point the city is in the process of updating those agencies as to the current status of the project, requesting that their:permitting authority be held and not withdrawn in the event that sand becomes available and the time frame is short. with regard to the Naval Weapons station channel dredging, the Manager reported that project is in the preliminaries of the process to do a survey of the outlying ocean floor for a quarry site to dredge and pump in, at this particular point the Department of Navy does not feel that the Bay requires dredging within the next two years, however the city has already noticed interest in participating in that project. As to the Surfside project, funded by federal, state, and County monies, with possibly some minor obligation of the City, the Federal government has made its allocation, the State has not, therefore communication has been made to the Governor's office encouraging that funding so that the Surfside replenishment can be ?ccomplished in the 1995/96 budget year, and notice has been given that when the quarry is identified for Surfside that the City be given the opportunity to do a cost estimate to extend the pipe so the City Cqn possibly take advantage of that source. The Manager cited the importance of retaining the budgeted monies for a potential sand replenishment project, and possibly add to that fund ne~t year. with regard to repair of the Navy's revetment due to erosion, thought to be proposed for 1995, the Manager responded that it has been a recommendation of the Department of Defen~e, however the appropriation has not received federal approval. ORAL COMMUNICATIONS ' Mayor Brown declared Oral Communications open. Mr. Paul Jeffers, 8 Cottonwood Lane, spoke at length regarding a parking citation and towing of his vehicle parked on First Street for over the seventy-two hour limit. He elaborated on the process he experienced to retrieve his car, the various costs related thereto, objected to the fact that his ca~, and not others, was towed upon complaint, objected to the sev~nty-two hour regulation, the citation and tow away policy, and Mr. C's Tow Service. The Mayor ?lfered to look into Mr. Jeffers complaints. There being no other comments, Mayor Brown declared Oral Communications closed. COUNCIL COMMENTS To the additional refuse bins for greenwaste that are to be placed at the city Ya~d, the Manager stated the bins had not 8-22-94 arrived by early today, a call was placed to the 'contractor, and that he would follow up again tomorrow. Councilmember Forsythe reported that a meeting had been held on Friday evening at the Library regarding the recent fatal accident at Seal Beach Boulevard and Bolsa/A:lChor Way, the meeting attended by Mayor Brown, the city Manager, the Police Chief, the Commander of the Naval Weapons station, Lt. Commander Oswald, Mr. Duggan, School Board member, approximately sixty-five people. She said many good ideas were brought forward, possibly the most important was that the Navy acknowledged responsibility to participate in some type of solution for children crossing Seal Beach Boulevard, that cooperation not present in the past even though it ha~ been brought up to Navy housing, where in fact it should be thelr role to provide a safe access for their children. councilmember Forsythe stated she will continue to persist with this city and the State to have the speed limit reduced around McGaugh School when children are present, her concern also with traffic southbound on Seal Beach Boulevard, posted for fifty miles an hour, where vehicles turn right on Bolsa Avenue, children are crossing that street, and there is only a small 'school crossing' sign, and expressed her opinion that Bolsa should be fifteen miles an hour when children are present. She noted that the city Manager and Police Chief listened to resident concerns, the Chief provided cODparisons from other states, botch dots, additional signage, etc. were suggested. She acknowledged however that this accident occurred outside school hours and in that case the school speed zone would likely not have helped the young victim. councilmember Forsythe requested community assistance in dealing with the State to reduce the speed limit, stated it is understood that BJ's Pizza has offered to assist in fund raising to resolve this situation, challenging other restaurants to do the same, 'a bank account has been opened at Bank of America, the Christopher Committee Fund, and a post office box has been donated. She noted that an elevated walkway was another suggestion and the federal government may need to be looked to as a funding source. Mayor Brown reported having met with Senator Feinstein on Saturday at which time he had informed her of the city's problem and concern, and given that the Navy indicated a willingness to supply the materials for an overpass, suggested that the Seabees do the construction, to which he said the Senator agreed to look into. Councilmember Forsythe announced that commensing in the fall cars that have previously parked in the bike lane along Bolsa to drop children at school will be warned and th8n citations will be issued, even though there is no other appropriate area to drop the children. She offered that this situation is the result of a number of things, the bus fee is very expensive thus people are driving their children to school, there is an increased number of inter- district transfers, s~e envisioned people parking on the residential streets then jay-walking across Bolsa to school, cars parking on Riviera also a concern due to the speed of vehicles and the lack of sidewalk on the easterly side of that street, cars can not park in the bus driveway as well, and although enforcement is the key, the police can not be everywhere, therefore she asked the public to note license numbers of speeding vehicles in the area for a possible followed up. The Manager noted that the Police Chief also had an opportunity to discuss this issue with Congressman Rohrabacher. Mayor Brown announced that Leisure World is starting a new recycling 'concept, separating the newspapers from other recyclables, also tha:, the Seal Beach Market will be celebrating its first year anniversary celebration on the 19th of August, and commended Leisure World residents for the contributions to the pier repair fund. Councilmember Hastings mentioned that Mr. Rothman, Ocean Avenue resident, had taken video pictures of the most recent pier fire, sold the tapes to the television stations, and has donated the $325 from the sale to the pier repair fund. I I I I I I "," >' 8-8-94 / 8-22-94 ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, August 22nd at 6:30 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent at 8:45 p.m. , ( \. Clerk and ex-o of Seal Beach Approved: ~/~ Mayor Attest: Seal Beach, California August 22, 1994 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Brown calling the meeting to order. ROLL CALL Present: Mayor Brown Councilmembers Doane, Laszlo Forsythe, Hastings, Absent: None "; Also present: Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA Hastings moved, second by Forsythe, to approve the agenda as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CLOSED SESSION By unanimous consent, the Council adjourned to Closed Session at 6:31 p.m. to discuss the items listed on the agenda pursuant to Government Code sections 64957 and 64957.6, the performance evaluation of the unrepresented employee, the city Manager, and conference with the City Attorney, the City's labor negotiator. The Council reconvened at 6:56 p.m. with Mayor Brown calling the meeting to order. The City Attorney reported the Council had discussed the items listed on the agenda, ,gave direction to the City's negotiator, and no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:57 p.m.