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HomeMy WebLinkAboutCC Min 1990-06-19 6-12-90/6-19-90 costs. There was no objection to the allocation of funds as recommended by Councilman Hunt. councilmember Hastings suggested the Committee organize a wine promotion with Walt's Wharf. It was suggested that the Committee take the responsibility to develop the fund raising activities. I CLOSED SESSION The City Manager announced the City Council would meet in Closed Session to discuss employee negotiations. It was the consensus of the Council to adjourn to Closed Session at 3:54 p.m. Councilman Hunt was excused from the meeting at 4:45 p.m. The Council reconvened at 5:00 p.m. with Mayor Wilson calling the meeting to order. The City Manager reported the Council had discussed the matter previously announced and had given direction to staff. ORAL COMMUNICATIONS There were no Oral communications. ADJOURNMENT It was the consensus of the Council to adjourn until Tuesday, June 19th at 10:00 a.m. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 5:02 p.m. C C' erk and ex-off~cJ. clerk of the of Seal Beach I Approved: -&iwJ 'i. ~~ Mayor Attest: Seal Beach, California June 19, 1990 The City Council of the City of Seal Beach met in regular adjourned session at 10:04 a.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Forsythe, Hastings, Hunt, Laszlo I Absent: None Also present: Mr. Nelson, City Manager Mr. Barrow, Assistant city Attorney Mr. Thomas, Finance Director Mr. Jue, Director of Public Works/ City Engineer Mr. Archibold, Assistant to the City Manager Chief Dorsey, Lifeguard Department Mrs. Yeo, City Clerk 6-19-90 Councilmember Hastings reported that through her son she had become aware of a notice of foreclosure on the Old City Hall building, that a copy of the foreclosure documents have now been received, and City staff indicated this had occurred once in the past. She said the City'S records on that building have been reviewed, the conclusion being that the foreclosure was on the forty year leasehold agreement rather than the property, and that the person handling the paperwork for Charter Savings had made a mistake by making reference to foreclosure of the property rather than the leasehold. She stated even though she had not as yet received the title report, it is felt the document will show that the City does own the property. Councilmember Hastings suggested that Charter Savings be contacted and informed that should CHP-80 be in default of their payments in the future the city should be notified. She said it was her understanding that the foreclosure proceeding will be stayed for a month due to the federal takeover of Charter Savings, and that Charter had indicated there would be a reworkout of the agrement and payment schedule with CHP-80. The Finance Director confirmed that the trustee is current on payments. The staff explained that Charter acquired Orange Coast Savings, who held the original agreement with CHP-80, and assumed the assets as well as debts, that the City had no control over the financial institution used by CHP-80, and that there is no conflict of interest with Charter Savings. Discussion continued regarding the takeover of Charter Savings and concerns of the public. Councilmember Hastings offered to make her report at the next Council meeting if felt necessary. A majority of the Council indicated they did not choose to issue a press release regarding this matter, and Councilman Hunt suggested the staff prepare a report of all details relating to the Charter Savings issue. CLOSED SESSION The Assistant city Attorney announced that pursuant to provisions of the Government Code the city Council would meet in Closed Session to discuss pending litigation, Wetlands Restoration society versus city of Seal Beach. It was the consensus of the Council to adjourn to Closed Session at 10:34 a.m. The Council reconvened at 11:45 a.m. with Mayor Wilson calling the meeting to order. The Assistant City Attorney reported the Council had met in Closed Session to discuss the matter previously announced, advised that the petitioner in that case had requested a continuance of the motion scheduled for June 13th in Department 23, that the City Council directed legal counsel to reject the request, and no other action was taken. BUDGET WORKSHOP Budget review commenced with Account 49, Landscape Maintenance. In response to Council, the Public Works Director advised there is a raised asphalt median from Rossmoor Center Drive to st. Cloud and a planter median from st. Cloud to Lampson, also that the area immediately adjacent to the westerly curb of Seal Beach BOUlevard between Hellman Ranch and Bolsa is a public right-of-way, and that enhancement of that right-of-way has not been considered. The city Manager said a landscape/ maintenance district could be created for that area, or the landscaping could be placed on the list of capital improvement items. Mayor Wilson said she felt Seal Beach Boulevard in general is unattractive. In response to a question of Councilmember Hastings regarding the mention of Mola in Account 48, the City Manager responded that when proposed development comes to the City and it appears there will be receipt or expenditure of monies, a line item is established under current accounting procedures, whether the project is I I I 6-19-90 I approved or not, and pointed out that certain monies have been received from Mola in connection with some of the studies that have been done. The Director of Public Works noted a minor change to Account 50, the separation of materials and gasoline costs. He explained the majority of vehicles are owned by the city, however some are lease/ purchased on a four-year basis. The City Manager explained that for a period of time there was insufficient funds to purchase vehicles and the Council agreed to a lease/purchase program in order acquire the equipment and then move towards reestablishing the Equipment Revolving Fund, which was eliminated some years back, and noted it may be possible to again achieve direct purchases within the next one or two years. He offered that the Finance Director could provide the Council with information regarding the leases. He explained that bids are submitted on a competitive basis, the city researches the market for the lowest finance rates, the equipment is then purchased outright from the supplier, and noted that thus far the lowest rates have been through a League of cities financing program. In response to Council, he explained that the Saleen, valued at approximately $40,000, was obtained for $27,000, $19,000 of which was reimbursement from automobile insurance, that this automobile was offered to the city as a demonstration vehicle to generate interest of other agencies, and noted that the insurance companies feel the features of the Saleen make it much safer than the regular patrol vehicles. with regard to Trash COllection, Councilman Hunt suggested that modest increases be considered in order to provide a reserve to cover the implementation of programs and anticipated increases in future years. The City Manager pointed out that in 1986 the County gate fee was $6.50, it is now $14.50, the projected increases are at least ten percent per year, yet may be much greater depending upon future state and Federal mandates on landfills. He pointed out that the budqet does not include any costs to implement the state mandated recycling program, and although composting will be significant to the reduction of trash at the landfills, information is yet to be received from the County regarding procedures and costs. The staff explained that the refuse contract provides for a franchise fee and administrative fee equal to seven percent, three percent to cover the cost of collections and accounting, and four percent to the General Fund. It was noted that the issue of establishing a recycling program will be presented to Council in the near future with options such as consideration of maintaining the twice per week service at an added cost, or reduction to once per week service which may offset some of the increase. Councilmember Hastings suggested soliciting bids from private vendors to collect recyclable items and in turn the City could require the return of a percentage of the profit. Staff noted that it must be understood that the city could be penalized up to $10,000 per day if the State mandated goals are not met, therefore there would need to be some assurance that the independent contractor will be succeed, since the city will be liable if they do not. It was mentioned that persons in the indu~try and the regulatory phase are predicting that under the current Federal and state requirements for recycling, the bottom will be cut from that market, and even now there is no money in recycling of paper or glass. Councilman Hunt aqain suggested a minimal rate increase to be placed in a reserve fund, possibly thirty-five cents per month. He noted that Leisure World has recycled for a number of years and will be penalized for having done so, and confirmed that the market for glass and newspapers is presently quite low. Staff reported the current monthly I I 6-19-90 refuse fee is $11 and upon the increase of the gate fee to $17.75 per ton on July 1st, an increase of $.85 per residence is anticipated. The City Manager pointed out that the city will also be mandated to do a Waste Characterization study to determine our waste by weight, volume, paper, recyclables, plastics, metals, etc. Discussion followed. The Director of Public Works pointed out that the Building Maintenance Account proposes the employment of one full time and one part time person to provide janitorial services for City facilities at a total cost of $39,000 as opposed to contract services 1989/90 of $47,000, and those services have not been satisfactory. He noted the city currently provides all materials and supplies used by the contract service, that it is felt in-house personnel would provide better service, would be under direct supervision, as well as reduce costs. The Director reported there is a probationary period of six months. Discussion continued regarding the adequacy of the number of personnel given the number of facilities requiring service, consideration of the positions on a trial basis, part time as opposed to full time, and pros and cons of contract versus in-house personnel. Councilmember Hastings moved that staff advertise for the position of one full time and one part time janitor position. Councilman Laszlo seconded the motion for discussion. Councilman Laszlo requested a more indepth description of the position. staff advised that if Council concurs with the recommendation, Resolutions will be presented to Council establishing the position and the salary range, and a job classification will be prepared. It was also explained that it would take a minimum of three weeks to advertise for contract services. Councilmember Hastings amended the motion, with consent of the second, to allow consideration of the employment of an additional part- time employee, upon Council approval, if needed. AYES: NOES: Forsythe, Hastings, Laszlo, Wilson Hunt Motion carried I I It was the consensus of the Council to declare a recess at 1:00 p.m. The Council reconvened at 1:10 p.m. with Mayor Wilson calling the meeting to order. The Public Works Director noted the Sewer Maintenance Account again provides $20,000 to seal manholes, also $20,000 to rebuild two pumps at the facility located at Electric Avenue and Ocean, those monies from sewer funds. Councilman Hunt again stated he did not feel reserves are adequate to cover the deteriorating sewer system. with regard to Account 61, the city Manager reported receipt of a notice that Edison is applying for a comprehensive rate increase geared toward residential, street lights, and traffic signals, a ten percent overall increase for Edison however could be up to four percent reduction of traffic I signal and street lighting energy costs. In response to Council, the Public Works Director reported traffic signal synchronization is in place from Coyote Creek to Lampson Avenue, that a meeting was held with CalTrans to gain support for extending that program to the freeway signals, that however no hard wiring is in place except between Lampson and Old Ranch Road. Councilman Hunt said he felt it important to pursue a means of implementing the signal synchronization south to Westminster Avenue. The Finance Director noted the estimated $30,000 beginning balance of the Water Account is conservatively sufficient, and 6-19-90 I confirmed that administrative expenses are being charged to that account. Staff explained that seventy percent of the city's water is pumped from its wells and by agreement thirty percent is purchased from the Water District, and that water consumption is down approximately eleven percent from the past year. The Director of Public Works pointed out that the Beach Maintenance Account contains $30,000 for sand replenishment which, when combined with the unused like amounts of the past two years, is now $90,000. Councilmember Hastings suggested the $90,000 be used to pump sand onto the beach, or repair the groin, also inquired about using a Mello/Roos District or community facility bonds for the groin repair. The City Manager noted the estimated cost for the groin repair is $200,000, and asked that the Council meet, at some point in time, with staff, consultants, and Moffit & Nichol Engineers to review Mello/Roos in detail, the sand erosion and the relationship of the groin thereto. There was some discussion of a plan proposed for the Naval Weapons Station to modernize their harbor with a modified entrance, extended piers, wharf, etc., and Councilmember Hastings suggested that project may provide the city the opportunity to have the Navy mitigate the sand replenishment and repair of the groin. Staff reported the recent dredging project placed sand on the Surfs ide beach but not on the main beach. The City Manager reported the Public Transportation Account will be increased from $25,000 to $27,500 to reflect the recent contract increase of five percent for the Rossmoor/Leisure World bus, and noted the total contract cost is shared by Rossmoor Center, Leisure World, and the city. In considering the pier Maintenance Account, Councilmember Hastings suggested that large screws, rather than nails, be used on the pier deck. Staff explained that ribbed nails are presently used, and in the section where the utilities run counter sunk screws are used for ease of access. It was also explained that it is the sportfishing boats rather than the oil boats that cause the greatest problem with the pier dock. The City Manager reported the expenditures of the Redevelopment Agency, Account 81, are primarily for debt service and carrying out projects previously approved. He noted that there is a deficit of the twenty percent set aside for low/moderate income housing as required by State law, that funds have been accumulated from the Surfside Project, yet there is an approximate $700,000 deficit for the Riverfront Project, the reason being that at this time the tax increment received is only adequate to cover the cost of the debt service, however once those debts are paid or the tax increment increases, the required set aside must be met, and the most likely way will be when the Department of Water and Power site is developed. Councilmember Hastings requested all of the contract documents relating to the Zoeter School site showing the lease increases over the years, noting that the Old city Hall lease is for a period of forty years at a set rate, which she said is not realistic, and there should be some means for renegotiation. The City Manager advised that the trustee for CHP-80 has inquired as to the City's interest in buying out the Old City Hall lease, which will be looked into as to the best interest of the City. Councilman Laszlo recalled that at the time of the Old city Hall lease the thrust of the effort was to save the building from demolition. He also requested a comparison of the CRA revenues and expenditures. Councilman Hunt compared the Old city Hall lease to the purchase of a stock, in this instance it pays a low dividend yet within a certain number of years the City will recapture at least $650,000 of improvements. Councilmember Hastings expressed her view that in negotiations there must be I I 6-19-90 consideration of a cost of living increase that into the rent over the period of the agreement. consensus of the Council to tentatively approve Redevelopment Agency budget. CLOSED SESSION The City Manager announced that the Council would meet in Closed Session to discuss employee negotiations. It was the I consensus of the Council to adjourn to Closed Session at 1:46 p.m. is factored It was the the Councilman Laszlo was excused from the meetinq at 2:04 p.m. and Councilman Hunt was excused from the meeting at 2:30 p.m. The Council reconvened at 2:35 p.m. with Mayor Wilson calling the meeting to order. The City Manager reported the Council had discussed the matter previously announced and had given direction to staff. CITY COUNCIL ITEMS The City Manager reported a telephone call from Seal Beach resident, Ms. Corbin, who asked that he pass on to the Council her concern regarding the conduct of the Council meetings as encroaching on the free speech rights of the citizens, that she felt the Mayor's restriction of applause is a violation of a "sanctioned form of free speech", also concern with members of the Council calling out names of persons in the audience and the individual not having the opportunity to respond to whatever is said. The city Manager said he mentioned to Ms. Corbin that there have been court rulings, one rather recent, that found that a City Council has the right to control a meeting and prevent interruptions, which was not determined to be an encroachment of free speech rights, that he also noted to her that the City Council has the right under public hearings to make a determination as to when they have received enough information. He noted that Ms. Corbin appears to have the impression that the city Manager controls the Council and conduct of the meetings, which he said is not correct. Councilmember Forsythe made reference to the inappropriate manner in which the attorney for Mola Development had recently addressed comments of previous speakers in pUblic meeting. Members of the Council concurred. The city Manager pointed out that a member of the Council has the right to object to the conduct of a meetinq through the Mayor. Discussion continued in general regarding the conduct of meetings and public hearings, also the procedures, pursuant to the law, that are followed for processing claims and legal actions. ORAL COMMUNICATIONS There were no Oral Communications. ADJOURNMENT Forsythe moved, second by Hastings, to adjourn until Monday, June 25th at 5:00 p.m. to meet in Closed Session. AYES: NOES: ABSENT: Forsythe, Hastings, Wilson None Hunt, Laszlo Motion carried It was the order of the Chair, with consent of the Council, to adjourn the meeting at 3:31 p.m. I I 6-19-90/6-25-90 CJ.ty Cit f of the I Approved: --G~ -Ir 'J/~ Mayor Attest: Seal Beach, California June 25, 1990 The city council of the City of Seal Beach met in regular adjourned session at 5:04 p.m. with Mayor Wilson calling the meeting to order. Councilmember Forsythe led the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Forsythe, Hastings, Hunt, Laszlo Absent: None I Also present: Mr. Nelson, City Manager Mr. Stepanicich, City Attorney Mr. Barrow, Assistant City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk CLOSED SESSION The Assistant City Attorney announced the Council would meet in Closed Session to discuss personnel matters and pending litigation pursuant to Government Code Section 54956.9(a), Wetlands Restoration Society versus City of Seal Beach. With consent of the Council, Mayor Wilson adjourned the meeting to Closed Session at 5:05 p.m. The Council reconvened at 6:50 with Mayor Wilson calling the meeting to order. The city Attorney reported the Council had met in Closed Session and discussed the matters previously announced. ADJOURNMENT With unanimous consent of the adjourned the meeting at 6:51 Council, Mayor Wilson p.m. I the Approved: t).V~ Mayor Attest: