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HomeMy WebLinkAboutCC Min 1992-09-28 I I I 9-14-92/9-28-92 of the Approved: Attest: Seal Beach, California September 28, 1992 The city Council regular adjourned session scheduled for 6:00 p.m. this date was cancelled due to the lack of Closed Session bus ess items for discussion. ne M. y~~ Y of Seal Beach Seal Beach, California September 28, 1992 The city Council of the City of Seal Beach met in regular session at 7:03 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Bankston, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, city Clerk WAIVER OF FULL READING Doane 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: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Ms. Daisy Funk recalled the formation of the Save Our Pier Group in 1983 and the 9-28-92 raising of approximately $170,000 to aid the rebuilding of the storm damaged pier, the efforts of the Group now directed towards fund raising for repair of the damages caused by the more recent fire. Ms. Joyce Risner presented a financial report of the Save Our Pier Group, sponsored by the Seal Beach Business Association, having raised $9197.63 to date, a balance of $7572.59 after Comedy Night expenses, the proceeds from Comedy Night in the I amount of $1602.59 to be donated to the pier Fund at this meeting, with $5970.00 remaining in the donation plaque account. Ms. Risner acknowledged several persons having made sizeable donations, and requested that an 'in memoriam' donation category be given consideration. Ms. Funk read a letter from the family of Rusty williams, making a donation in his memory. Ms. cisti Smith presented a check in the amount of $1602.59 to Mayor Forsythe who accepted with appreciation. Mr. Gordon Shanks, 215 Surf Place, announced the reactivation of the Seal Beach Homeowners Association, invited the attendance of the Council and staff, the October 22nd meeting to host the candidates for the Los Alamitos School Board. He expressed concern that an upcoming request for extended hours and for entertainment at certain Main Street establishments that sell alcoholic beverages will cause change to the face of Seal Beach, however noted his belief that the city Manager and planning staff are very aware of the feelings of the citizens. Mr. Mario Voce, 730 Catalina Avenue, urged residents to review the Draft EIR for the proposed Bolsa Chica development in Huntington Beach and submit written comments to City Hall. He claimed the Bolsa Chica proposal will impact the entire coastal area. There being no further comments, Mayor Forsythe declared Oral Communications closed. PROCLAMATIONS Mayor Forsythe proclaimed the week of October 4th through October I 10th, 1992 as "Mental Illness Awareness Week." Ms. Pat Taylor, Alliance for the Mentally III of Orange County, accepted the proclamation with appreciation, and invited all interested persons to attend a lecture relating to mental illness on October 10th at the North Seal Beach Community Center. Mayor Forsythe proclaimed the week of October 4th through October 10th as "Fire Prevention Week." Captain Forrest accepted the proclamation on behalf of the Orange County Fire Department and Chief Holms, and posed an invitation to visit the Open House of the fire stations on October 10th. The month of October, 1992 was proclaimed "Crime Prevention Month" by Mayor Forsythe. COUNCIL ITEMS APPOINTMENTS - BOARDS and COMMISSIONS civil Service Board Mayor Forsythe appointed Mr. Perry Watson as the District Three representative to the Civil Service Board for the six year term expiring July, 1998. Pro;ect Area Committee I Mayor Forsythe requested that the business representative appointment to the Project Area Committee be held over. Seal Beach Administration Buildina Authoritv Mayor Forsythe appointed Ms. Jane McCloud as the District Three representative to the Seal Beach Administration Building Authority for the four year term expiring July, 1996. Councilman Laszlo appointed Ms. Eulalee Siler as the District Four representative to the Seal Beach Administration Building Authority for the unexpired term ending July, 1994. I I I 9-28-92 Local Coastal Proaram Committee Councilman Laszlo appointed Ms. Patty Campbell as the District Four appointee to the Local Coastal Program Committee. Beach Commission Councilman Brown stated he had no District Two appointment to the Beach Commission at this time. Brown moved, second by Hastings, to confirm the appointments as stated. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried SHUTTLE SERVICE Councilmember Hastings suggested initiating a shuttle bus service for the transport of persons to and between the various downtown shopping areas, Main Street, Bay City Center, Seal Beach Center, Seal Beach Boulevard, etc., as has been implemented in Belmont Shore, utilizing the in-lieu parking fees and possibly provide validated parking in the beachfront lots. She also noted that the City Manager has been provided a recent news article describing a method of protection from sand erosion on the Peninsula in Belmont Shore by filling large bags with sand to form an artificial reef. CONSENT CALENDAR - ITEMS "F" thru "0" Mayor Forsythe requested that Item "J" be removed from the Consent Calendar; Councilmember Hastings requested Item "P" removed; and Councilman Doane requested that Item "I" be removed. Hastings moved, second by Brown, to approve the recommended action for items on the Consent Calendar, except Items "I, J, and P", as presented. F. Approved regular demands numbered 89152 through 89312 in the amount of $614,779.51 and payroll demands numbered 51710 through 51902 in the amount of $222,048.09 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. G. Approved the minutes of the regular adjourned meeting of September 14, 1992. H. Approved the minutes of the regular meeting of September 14, 1992. Accepted the proposal of Moffatt & Nichol Engineering for engineering services and preparation of plans and specifications for the Pier fire repair in the amount of $31,460 and authorized the city Manager to execute a Consultant Services Contract consistent with the proposal upon acceptance by the city Attorney and Risk Manager of the contract terms. L. Authorized the painting of forty (40) feet of red curb on the west side of 12th Street, north of the driveway for the Zoeter Place parking lot. K. M. Bids were received for Project Number 571, Reconstruction/Overlay of Seal 9-28-92 Beach Boulevard, until September 21, 1992 at 1:30 p.m. at which time the bids were publicly opened by the city Clerk as follows: Silvia Construction, Inc. SUlly-Miller Boral Resources R. J. Noble Company All American Asphalt Excel Paving I A Industrial Asphalt $176,136.07 181,717.15 187,192.18 192,099.04 193,290.01 195,420.90 200,892.19 I Approved the Agreement with the County of Orange Arterial Highway Financing Program Project Administration for Project Number 571 (AHFP Project No. 1319), Seal Beach Boulevard Reconstruction/Overlay from Pacific Coast Highway to Regency Drive, and awarded the contract for Project Number 571 to the low bidder, Silvia Construction, Inc., in the amount of $176,136.07, and authorized the city Manager to execute same on behalf of the City. N. Approved the Agreement between the cities of Seal Beach, Cypress, La Palma, and Los Alamitos for the purpose of providing and sharing in (AB 939 imposed) Solid Waste Management Services. I O. Adopted Resolution Number 4178 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, BY AUTHORITY OF SEAL BEACH CITY CHARTER SECTION 1010, AUTHORIZING INFORMAL BID PROCESS, ISSUANCE OF PURCHASE ORDER IN AMOUNT NOT-TO-EXCEED $10,000 AND MAKING APPROPRIATION OF NECESSARY FUNDS FROM PARK AND RECREATION FUND FOR MARINA PARK TENNIS COURTS RESURFACING." By unanimous consent, full reading of Resolution Number 4178 was waived. Q. Approved the award of Finance Systems hardware to Way-Link, $30,894.55, Creative Business Concepts, $26,478.00, software to Corbin Willits System, $60,300.90, Sierra, $10,700.00, approved the Systems Contract, Enhancement and Service Agreements, and related Lease/ Purchase Agreements. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I" - MONTHLY INVESTMENT REPORT Councilman Doane commended the staff for providing the monthly investment report, and inquired if accrual of interest on the checking account is available to cities. The City Manager advised that current policy is that at the close of the business day funds from the checking account are moved to overnight investments and the interest yield is reflected in the pooled cash, and at the beginning of the business day sufficient monies I. I 1 9-28-92 are again placed in the checking account to cover the outstanding checks. Doane moved, second by Brown, to receive and file the Monthly Investment Report. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "J" - DRAFT ENVIRONMENTAL IMPACT STATEMENT 1 REPORT - PROPOSED BOLSA CHICA PROJECT Mayor Forsythe expressed concern with regard to the impact of a Bolsa Chica development on this City, noted that the indicated preference of the thirteen proposals at this time is a development of four thousand eight hundred eighty-four homes which will generate thirty-one thousand daily vehicle trips, however the level of service at the intersection of Warner and Pacific Coast Highway is currently "F" and although there is a proposal for an additional northbound lane on Pacific Coast Highway between Sunset Beach and Surfs ide, nothing has been proposed to mitigate the impact at Pacific Coast Highway and Seal Beach Boulevard. She mentioned also that other developments of five thousand, six hundred, and five hundred homes in the Huntington Beach area are in the proposal stage. Mayor Forsythe expressed concern with the proposed waterway inlet to be constructed by means of revetments extending into the ocean, and sand erosion proposed to be mitigated through an annual trucking of sand for replenishment. The Mayor urged the Seal Beach public to review the environmental documents and submit comments to City staff for forwarding to Huntington Beach. She also commended the clarity of the staff report. Councilmember Hastings said it is disturbing to realize the intent to fill 134.6 acres of wetlands and build homes on high liquefaction land near the Newport/Inglewood fault, and reported mentioning the traffic impact on Seal Beach and access to the freeway at a recent Growth Management Area meeting. She suggested persons contact a Coalition of Organizations working for the Bolsa Chica to obtain additional information, and objected to the lack of notification to this city by Huntington Beach of the pending development proposal as required by State law. The Director of Development Services reported this matter will be considered by the Environmental Quality Control Board at their November meeting. Councilman Laszlo suggested that interested persons could present their testimony to the EQCB at that meeting, which will subsequently be forwarded to Huntington Beach. The Director noted that a report from the EQCB will be provided to the Council as well as staff comments to the EIS and EIR documents prior to the conclusion of the comment period, December 3, 1992. Councilman Laszlo indicated that a resolution may be desirable, especially with regard to traffic, at the time the EQCB report and staff comments are considered. In response to Councilman Doane, Councilmember Hastings stated she was not certain if the Growth Management Area Committee has designated any traffic funds for this particular project, however funds are being alloted to enhancing other intersections and roadways that serve this area. The Director advised that copies of the draft documents were received this date and will be placed in the local libraries tomorrow, however the City has been informed that additional copies for the City Council and Environmental Quality Control Board would be provided at $30 per copy, therefore offered to duplicate any sections of the documents desired. Brown moved, second by Hastings, to receive and file the report, with the instruction that staff and the Environmental Quality Control Board review the Draft EIS/EIR, prepare "Draft Comments", and present same to the City Council for final review and approval of "Final Comments on the Draft Environmental Impact Statement/Environmental Impact Report for the Proposed Bolsa Chica Project." 9-28-92 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "P" - DEVELOPMENT APPLICATION PROCEDURES - PLANNING COMMISSION - POLICY NUMBER 504 Councilman Laszlo indicated his preference to hold this item over. Councilmember Hastings questioned the need for the I proposed policy given the recently adopted Ordinance relating to the function of the Planning Commission, and expressed concern that the Commission, rather than the Council, would be making final decisions with regard to development applications, or amendments to the General Plan or Zoning Ordinance. The Director of Development Services explained that the proposed policy would require determinations of the Commission relating to Minor Plan Reviews and Architectural Reviews to be made by Resolution, as is the present procedure for General Plan Amendments, Zone Changes, Conditional Use Permits, Variances, Parcel Maps, etc., rather than the action simply reflected by minute order. The policy also sets forth the specific criteria to be included in Commission Resolutions. The Director confirmed that the policy does not change the present process, merely requires the actions of the Commission to be set forth by Resolution rather than minute order, and does not preclude consideration of any item by the City Council. At the request of Council, the Director suggested additional language for the purpose of clarity to read "This City Council policy shall request the Planning Commission to make all determinations regarding development applications, or recommendations to the City Council regarding any proposed amendments to the General Plan or Zoning Ordinance by adoption of a Planning Commission Resolution." At the conclusion of further I discussion, Brown moved, second by Hastings, to adopt Policy Number 504 as amended to include the suggested wording in _ Sections 1 and 3 thereof. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried With regard to Item "N", the Solid Waste Management Services Contract, the City Manager explained that the agreement establishes a means for shared utilization of a City of Cypress contract employee for attendance at meetings, monitoring of legislation, data collection and analysis, preparation of generic public information and awareness programs, rather than each of the four cities employing an individual for that purpose. He noted the cost will be based on the level of service requested and monitored by the city Manager. It was the order of the Chair, with consent of the Council, to declare a recess at 8:08 p.m. The Council reconvened at 8:16 p.m. with Mayor Forsythe calling the meeting to order. RESOLUTION NUMBER 4179 - AMENDING FISCAL YEAR 1992/93 BUDGET The city Manager presented the report relating to the proposed amendment of the 1992/93 budget as a result of the impacts of the I recently adopted State budget. He reported the proposed Resolution takes into account the $283,768 loss of AB8 property taxes, $16,000 loss of the remaining Cigarette Tax revenues, as well as reduced expenditures sufficient to bring the expenditures into balance with the revised revenues without a taking from the fund balance of the prior fiscal year, noting that the impact of the State actions were to the General Fund yet expenditures of other funds were modified in order to reduce the amount necessary of a General Fund transfer. He pointed out that the impact of increased County or Special District fees are yet unknown. The Manager indicated that if the budget modifications as proposed I I I 9-28-92 are adopted by Council, staff will proceed to reconstruct the budget document, advised that there will be a mid-year budget review, reported that the transfer from a cash basis to a modified accrual method of accounting has been completed, also that the new computer system will greatly enhance the ability to monitor the City's financial condition. He cautioned that discussion continues at the state level to take back the remaining two-thirds of AB8 monies therefore there is a need to be better prepared for further impacts in the next fiscal year, and towards that goal staff is in the process of completing certain revenue enhancement recommendations, water and sewer rate adjustments, revised fees for goods and services, etc. The City Manager said the main elements of the budget reflect a continuation of the hiring freeze with the exception of filling one sergeant position to provide for five of the seven allocated in the Police Department and filling two of the six police officer vacancies, the funding of those to commence in January, the budget amendment reflecting certain downward reclassifications as well as existing and anticipated vacant positions, a proposed furlough program, three days of non- compensated leave to be coordinated with the Christmas holiday, resulting in the closure of City Hall and the Public Works Yard with the exception for emergency response crews, a reduced PERS rate of nearly $60,000, and the $75,000 Cable Foundation pass- through that was previously not reflected. The City Manager reported that the amended budget reflects a General Fund balance of $11,641,445 and includes the transfers to the other funds. Councilman Laszlo made note of property tax, sales tax, and utility users tax as major revenue sources to the City, that the past fiscal year budget was the first in many years where expenditures did not exceed revenues or reserves were expended, yet the state has continued to take away City revenues. He voiced his hope that reserves can be enhanced in the future, and expressed regret for the impact on City personnel. In response to Council, the Manager reported this budget to be less than expenditures of two years ago and is near the levels of three years ago in real dollars, without the inflation factor, that over the past two years expenditures have been reduced by about six percent where revenues have increased only a small margin over one percent. The Manager commended the City staff for their cooperation and assistance in the budget process, noted that many employees made budget suggestions, a number of which are included, also that the level of staffing is down by twenty-two percent from that of two years ago yet the effort of the staff is to maintain services at a level which the citizens are accustomed. with regard to fire and paramedic services, the Manager said he would be able to provide more detailed information to the Council by the next meeting, noting that the revenue losses to the Orange County Fire Department were quite extensive. Councilman Laszlo mentioned that the Sanitation District as well as other agencies are realizing the need the increase fees as a result of the state budget actions. Hastings moved, second by Brown, to adopt Resolution Number 4179 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING FISCAL YEAR 1992/93 BUDGET, SETTING APPROPRIATION LIMITS AND AUTHORIZING FOR APPROPRIATIONS BY FUND." By unanimous consent, full reading of Resolution Number 4179 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried COUNCIL CONCERNS Councilmember Hastings wished her friends Forsythe announced the upcoming Miss Seal MCGaugh School on October 3rd, attendance a Good Year. Beach Pageant of the public Mayor at invited. 9-28-92 Mayor Forsythe mentioned receiving a number of calls relating to the use of the recycling machines at the Seal Beach Center, and invited residents to attend the October 21st Planning Commission meeting at which time testimony will be accepted to consider revocation of the permit allowing those machines. She noted however that there is an uncertainty as to what can be done to resolve the present situation since designated recycling areas I are a State mandate. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Ms. Dorothy Whyte announced a public forum for the Los Alamitos School Board candidates on October 24th, hosted by the College Park East Neighborhood Association. With regard to pier donations, Ms. Whyte was informed that under IRS rules the city is a non-profit corporation and is allowed to issue receipts for donations made' payable to the City, thus direct donations to the city are tax deductible. The city Manager noted that the Council will be considering plaque categories for pier donations at the October 26th meeting. Ms. Whyte read a communication from her son, Scott Whyte, with regard to the use of Community Development Block Grant Funds for damaged historic structures, such as repair of the municipal pier. The City Manager indicated that this suggestion has been looked into and it was his understanding that if fifty percent or more of a structure is destroyed the historical significance is affected. He explained that the City receives its H/CD funds through Orange County, that reimbursement for expenses is not an allowed use of H/CD funds, therefore repairs to the pier would need to be deferred until the next funding cycle, and there is a only minimal possibility that the County would reopen the application process subsequent to the final accounting of this years awards. There being no further I comments, Mayor Forsythe declared Oral Communications closed. CLOSED SESSION No Closed Session was held. ADJOURNMENT The Council directed that the October 12th regular meeting be cancelled due to a conflict with the League of California Cities Annual Conference, and that the October 12th meeting be adjourned until October 28th at 6:00 p.m. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 8:55 p.m erk and ex-off1c of Seal Beach I Attest: