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HomeMy WebLinkAboutCC Min 1992-02-24 2-24-92 . Seal Beach, California February 24, 1992 The city Council of the City of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: I Mayor Laszlo Councilmembers Doane, Forsythe Absent: Councilmembers Hastings, Wilson-Sharp Also present: Mr. Bankston, city Manager Mr. Barrow, Assistant City Attorney Mrs. Yeo, City Clerk CLOSED SESSION The Assistant City Attorney announced that the Council would meet in Closed Session pursuant to Government Code Section 54956.9(a) to discuss pending litigation in the case of Mola Development versus city of Seal Beach. It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 6:02 p.m. Councilmember Hastings arrived shortly thereafter. The Council reconvened at 6:45 p.m. with Mayor Laszlo calling the meeting to order. The Assistant City Attorney reported the Council had discussed the item previously announced and that the Council had given direction to their attorney relating to that case. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:46 p.m. Approved: C C erk and ex-of of Seal Beach L Attest: Seal Beach, California February 24, 1992 I The City Council of the city of Seal Beach met in regular session at 7:00 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. 2-24-92 ROLL CALL Present: Mayor Laszlo Councilmembers Doane, Forsythe, Hastings Absent: Wilson-Sharp I Hastings moved, second by Doane, to excuse the absence of Councilmember Wilson-Sharp from this meeting. AYES: NOES: ABSENT: Doane, Forsythe, Hastings, Laszlo None Wilson-Sharp Motion carried WAIVER OF FULL READING Hastings moved, second by Doane, to waive the readinq 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: Doane, Forsythe, Hastings, Laszlo None Wilson-Sharp Motion carried I ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Mr. Pete Arnold, 1613 Seal Way, expressed his concern that the February 19th joint Planning commission and city council study session had not been cablecast, nor had the conclusion of the Planning Commission meeting after the study session, and noted that many persons in the community are aware of what is taking place via the television and may only have the opportunity to view meetings during the weekend replays. He recalled his involvement with implementing the cablecasting facilities for the Council Chambers, stated there is a means of televising any community activity from the Chambers, and suggested that there be more planning and preparation for such sessions in the future. Councilmember Hastings agreed that people should be aware of what is taking place through open public forum, stated she had not been consulted regarding cable ~ove~age, yet the subject matter basically affected her district. Councilmember Forsythe noted that workshop sessions have not been cablecast during her tenure on the Council, and offered that such sessions are meant to be informal discussions rather than formal, structured meetings. Mayor Laszlo agreed that the session was to be informal, and was not set up in a manner to be easily cablecast. There being no further comments, Mayor Laszlo declared Oral Communications closed. PROCLAMATION Mayor Laszlo proclaimed the, month of March, 1992 as "Red Cross Month." I COUNCIL ITEMS APPOINTMENTS - BOARDS and COMMISSIONS Beach Commission Councilmember Forsythe nominated Dr. Gordon LaBedz, Regatta Way, as the District Three representative to the Beach Commission for the unexpired term ending JUly, 1992. Hastings moved, second by Forsythe, to confirm the appointment. 2-24-92 AYES: NOES: ABSENT: Doane, Forsythe, Hastings, Laszlo None Wilson-Sharp Motion carried Councilman Doane reported the District Five representative has also given his verbal resignation from the Beach Commission. The Assistant city Attorney recommended that the resignation be placed on the next agenda. I POTENTIAL FLOOD HAZARDS The Director of Development Services presented an informational report regarding the potential for flood damage occurring in the city of Seal Beach, the report providing an overview of the 1989 flood maps, indicating those areas of the City impacted by flood regulations which would require insurance for new construction, specifically,a small portion of the Old Town area in the vicinity of Electric Avenue to about 12th street and Surfside, falling: within the one hundred year or five hundred year flood zones. He noted the genesis of concerns were the result of newspaper articles relating to a new flood map being prepared by the Army Corps of Engineers for the southeast Los Angeles County area based on their concerns of over- topping and inadequate levy heights around portions of the lower Los Angeles River and the Rio Hondo River Channels, the Corps proposing interim regulations that would affect certain cities in Los Angeles County over the short term for insurance purposes, also requiring different standards in the case of new construction. He explained that the information affecting Los Angeles County would not impact Seal Beach primarily because the existing levy of the San Gabriel River acts as a dike, keeping any flooding in the Long Beach area away from this community. The Director noted that the 1989 flood maps are on file with the city, that FEMA has indicated that new flood rate maps are being prepared for Seal Beach, and it is likely those maps may actually reduce the flood area as a result of the storm drain improvements that have been made since 1989. Mayor Laszlo noted that the majority of the City, including ~ost of Old Town, falls within the five hundred year flood zone; that it is unlikely there will be an increase of flood insurance rates, and made note of various improvements to flood control facilities in recent years. I CONSENT CALENDAR - ITEMS "0" throuah "L" The city Manager requested a correction to the sixth paragraph of Resolution Number 4124, Item "I" to reflect the date of April 4th rather than April 12th, also a revised Exhibit "A" to Resolution Number 4127, Item "L", pertaining to the submission of grant applications from Growth Area Six to the County. He noted the amounts increased for Interconnect Improvements and the Signal Timing/Coordination Program to reflect the commencement of a signalization program of Seal Beach Boulevard from the Los Alamitos boundaries to Pacific Coast Highway. Mayor Laszlo stated that the signal at Lampson Avenue should be of paramount importance when considering signal timing and coordination. Councilmember Hastings said the synchronized program will facilitate the new speed limit on Seal Beach Boulevard. Doane moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar as presented, amended and corrected. Councilmember Forsythe expressed ' appreciation to staff for their efforts towards regulations governing smoking in public meeting areas and the reduction of speeds on Bolsa Avenue and Seal Beach Boulevard. I D. I 2-24-92 Approved regular demands numbered 86913 through 87054 in the amount of $514,230.27 and payroll demands numbered 49025 through 49192 in the amount of $205,108.99 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. Approved the minutes of the regular adjourned meeting of January 27, 1992, the regular meeting of January 27, 1992, and the regular meeting of February 10, 1992. 94 F. Approved second reading and adoption of Ordinance Number 1150 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF SEAL BEACH PERTAINING TO THE REGULATION OF SMOKING IN CITY-OWNED PUBLIC MEETING FACILITIES." E. G. Adopted Resolution Number 4123 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING SPEED LIMITS ON SEAL BEACH BOULEVARD AND BOLSA AVENUE AND RESCINDING ALL RESOLUTIONS IN CONFLICT THEREWITH." I H. Approved the Agreement between the City of Seal Beach and Willdan Associates for Engineering Services relating to the Street Lighting Assessment District for 1992/93, and authorized the City Manager to execute the Agreement. I. Adopted Resolution Number 4124 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CLOSURE OF THE NORTH AND SOUTH BOUND TURNPOCKETS LOCATED AT THE MAIN STREET/PACIFIC COAST HIGHWAY INTERSECTION" for the April 4th Antique Car Show/sidewalk Sale. J. Adopted Resolution Number 4125 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CLOSURE OF THE NORTH AND SOUTH BOUND TURNPOCKETS LOCATED AT THE MAIN STREET/PACIFIC COAST HIGHWAY INTERSECTION" for the April 12th Easter Parade. K. I Adopted Resolution Number 4126 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE PRIMARY MUNICIPAL ELECTION ON TUESDAY, MARCH 31st, 1992, CALLED BY ORDINANCE NUMBER 1327." L. Adopted Resolution Number 4127, with revised Exhibit "A", entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION 2-24-92 AUTHORITY TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS THE IMPROVEMENT OF CERTAIN HIGHWAYS WITHIN GROWTH MANAGEMENT AREA NUMBER SIX." AYES: NOES: ABSENT: Doane, Forsythe, Hastings, Laszlo None Wilson-Sharp Motion carried I PUBLIC HEARING - SOURCE REDUCTION AND RECYCLING ELEMENT / HOUSEHOLD HAZARDOUS WASTE ELEMENT / NEGATIVE DECLARATION .!!.=.U. Mayor Laszlo declared the public hearing open to consider the Source Reduction and Recycling Element (SRRE) and Household Hazardous Waste Element (HHWE) and Negative Declaration 8-91. 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 matter. The Director of Development Services presented the staff report, the Elements required by Assembly Bills 939 and 2707, signed into law on September 29, 1989, mandatING stringent requirements for establishing solid waste diversion programs throughout the State in order to reduce the amount of refuse entering the waste stream, AB 939 mandating each city and county to divert twenty-five percent of its waste stream from landfills by 1995 and fifty percent by year 2000. He noted that the Ad Hoc Solid Waste Advisory Board in conjunction with the City's consultant, Kleinfelder, Inc., have worked to develop the Elements since January, 1991, the matter has been considered by the Planning Commission under public hearing, recommended approval of the Negative Declaration, also reported the documents were forwarded to the California Integrated Waste Management Board and the Orange County Integrated Waste Management Plan Local Task Force for review and comments, the documents under consideration respond to the comments of those agencies, and the Orange County Local Task Force has recommended approval as presented. The Director stated that adoption of the Elements by the proposed Resolution will allow staff to file the appropriate De Minimis Impact Finding with the California Department of Fish and Game indicating that these documents will not have an impact on natural wildlife sources therefore the city will not be required to pay the $1250 fee for recording of the Negative Declaration. He noted extensive discussion in the document with regard to the makeup of the waste stream generated by Seal Beach as well as various programs and funding mechanisms for source reduction. I Mayor Laszlo 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. Mario Voce, Catalina Avenue, commented on various sections of the SRRE, stated he felt Section 2.4.3 placed particular emphasis on a material recovery facility program, a program which he has some reservations; second paragraph of Section 3.7, noted that through the material recovery facility program ten to fifty percent of recyclable materials will be lost through contamination, also the fourth paragraph pointing out that certain material types cannot be diverted due to lack of feasibility technology for separation, etc.; Section 3.8 providing definition of solid waste types, and noted that . manure from meat-eating animals, dogs and cats as an example, are unsuitable for composting; Section 4.2.2, fourth bullet on page 4-4, backyard composting programs, he said it is hoped people do not opt to install concrete paving as a means of reducing yard waste; Section 4.4.3.2, I I I I " 2-24-92 he spoke of the value of composting, the use of composted materials providing greater water retention, reduction of water use, retention and replenishment of minerals in the soil, produces bug resistant plants, etc., and said in this case the city has a roll to provide information to the public, and offered to conduct public workshops regarding composting; Section 6.3.1, last paragraph, said he will oppose a County proposal to use compost as a daily landfill cover, that it should be used on the landscaped areas from which it came; Sections 6.5.3 and 6.5.6, waste diversion potential, he offered that if yard and wood waste are put through a material recovery facility there will be considerable waste loss as well as contamination of biological waste caused by other items of trash, and it may be necessary to collect and bag the compostable materials separately; Section 6.6.1, the material recovery facility again appearing to be a given rather than a choice; and Table 6-12, reference to negotiation with Briggeman Disposal and CR&R to recover yard and wood waste within the proposed material recovery facility, suggested that yard and wood waste should be separated. Mr. Charles Antos, 328 - 17th Street, mentioned negative aspects of backyard composting, specifically inadequate areas in small yards and noise generated from the possible use of chippers. He suggested that the City develop a general composting area, possibly in the vicinity of the City Yard/police Department where neighbors would not be impacted, yet greenwaste would not go to a material recovery facility and the potential of contamination would be lessened by the use of trash cans or bags by the residents. There being no other comments, Mayor Laszlo declared the public hearing closed. RESOLUTION NUMBER 4128 - CERTIFYING NEGATIVE DECLARATION 8-91 - SOURCE REDUCTION and RECYCLING ELEMENT / HOUSEHOLD HAZARDOUS WASTE ELEMENT Resolution Number 4128 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CERTIFYING NEGATIVE DECLARATION 8-91, ADOPTING THE CITY'S SOURCE REDUCTION AND RECYCLING ELEMENT, AND ADOPTING THE CITY'S HOUSEHOLD HAZARDOUS WASTE ELEMENT." By unanimous consent, full reading of Resolution Number 4128 was waived. Councilman Doane made reference to the environmental checklist with regard to water, and inquired as to any anticipation of possible contamination of surface or ground water. The Director responded that no direct problems were anticipated as a result of adoption of the subject documents, that the response of 'maybe' had been in the event that some type of recycling facility were actually located in the City and would have such potential, at which time an environmental analysis would need to be done. Councilmember Forsythe said although the MRF program will involve some cost it seems to be the most convenient for the citizens to comply with, that she was not as yet totally sold on that program, and recalled a program elsewhere that limited the number of trash containers per week and left disposal of remaining refuse items to the individual homeowner, that being one means of reducing the wastestream. Councilmember Hastings said a comment while visiting the stanton MRF facility was that they felt there would be enough recyclable material to either reduce or eliminate a fee, and noted it appears that cities having programs other than the MRF program have found the citizens are not cooperative in separating their trash items. Councilman Doane asked that a tour of a Material Recovery Facility be arranged for Councilmember Forsythe, Mr. Voce and himself, and announced that Leisure World has commenced a MRF program this week. Mayor Laszlo made reference to the voluminous documents under consideration, the various components to the recycling program, the approximate forty-six tons of trash generated by Seal Beach in need of being reduced by the twenty-five and fifty percent, and described the process of the material recovery facility. 2-24-92 Hastings moved, second by Doane, to adopt Resolution Number 4128 as presented. AYES: NOES: ABSENT : Doane, Forsythe, None Wilson-Sharp Hastings, Laszlo Motion carried It was the order of the Chair, declare a recess at 8:12 p.m. p.m. with Mayor Laszlo calling with consent of the council, to The council reconvened at 8:23 the meeting to order. RESOLUTION NUMBER 4129 - ADOPTING REVISED BUDGET - FISCAL YEAR 1991/92 Resolution Number 4129 was presented to council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING A REVISED BUDGET FOR THE CITY OF SEAL BEACH FOR FISCAL YEAR 1991/92." By unanimous consent, full reading of Resolution Number 4129 was waived. The city Manager presented the staff report, noted that the receipt and/or growth of certain revenues have been less than originally anticipated, however having taken advantage of certain controls approved by the council, the budget is balanced as to expenditures to actual revenues. He explained that the resolution proposes to modify the appropriation levels for the remainder of this fiscal year and in so doing the fiscal year should end with a balance of revenues to expenditures, that there has been an opportunity to increase reserve funds in two areas, the General operating budget reflecting additional transfers from the General Fund to the Liability and Workers compensation Reserves, also upon further evaluation it was found that some accounts were underestimated, therefore are recommended for adjustment as well. The City Manager recommended adoption of the revised budget for the balance of fiscal year 1991/92 through adoption of the proposed Resolution. He pointed out that some revenue areas that have been impacted by the State are'a fifty percent loss of cigarette tax, fifty percent of fines and forfeitures for non- parking violations, however in view of the recession Seal Beach is unique to other Orange County cities in that the sales tax has increased 5.5 percent over the last year, yet with fewer properties being sold property tax has increased only 2.5 percent. He acknowledged that certain accounts have been increased to reflect a more 'realistic expense from the original budget estimate, and stated his belief that this budget reflects what is anticipated by the council for cost containment programs without negatively impacting the service ability to any great extent, also a reversal of the historic trend of depleting reserves. He described the newly established Account 18, addressing Risk Management, also noted that lease payments have been removed from the Capital Projects account and placed in ~he Non-Departmental account for clarity of identification, in future budgets the interfund transfers will be clearly identified to show to what account the funds are being transferred and the impact on reserves, and that a line item under Special Departmental will identify litigation services and fees, Account 51 reflecting non-litigation general services, and noted certain changes to date that have aided in reducing legal expenses. Forsythe moved, second by Doane, to adopt Resolution Number 4129. AYES: NOES: ABSENT: Doane, Forsythe, Hastings, Laszlo None Wilson-Sharp Motion carried COUNCIL CONCERNS Councilman Doane noted a conversation with Mr. Ernie Winter this date with regard to the cleanup of debris that flowed down the San Gabriel River with the recent storm, and inquired if there would be any liability on the part of Los Angeles County as a I I' I I I I 2-24-92/3-9-92 result of the cleanup becoming the responsibility of Seal Beach. The City Manager noted that with the emergency declaration for Orange County, Seal Beach has identified all staff costs and a separate account for cleanup expenditures has been established and the City will be seeking reimbursement, also the federal government may want to consider liability of upstream contributors to such costs._ Mayor Laszlo made reference to a communication to pet owners regarding license renewals and attachment thereto, and requested clarification of the appropriate fees for animal licenses. The city Manager explained that the original letter had been delayed pending consideration of animal license fees by the Council, that the current cost of a license for an unaltered dog is $20, $10 for altered, $10 for an unaltered cat, $7.50 for altered. Mayor Laszlo also mentioned a one-hour parking citation having a fine of $34, requested a report and possibly lowering of that fine. The city Manager noted that the City has not increased the fine, rather the State added $4 that is intended for the court system, and the City is required to pay that amount irregardless of the local parking fine, therefore to lower the fine would impact City revenues. ORAL COMMUNICATIONS There were no Oral communications. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order to adjourn until Closed Session. at 8:53 p.m. of the Chair, with consent of the Council, Monday, March 9th at 6:00 p.m. to meet in The meeting adjourned by unanimous consent Approved: rk and ex-off1C10 Seal Beach Attest: Seal Beach, California March 9, 1992 The regular adjourned City Council meeting scheduled for this date was cancelled and the Closed session was