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HomeMy WebLinkAboutCC Min 2005-08-08 Seal Beach, California August8,2005 The adjourned meeting scheduled for 6:30 p.m. this date was canceled due to a lack of business items in need of Closed Session discussion. I Seal Beach, California August 8, 2005 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Antos calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Antos Council Members Larson, Levitt, Ybaben, Yost Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Ms. Arends-King, Director of Administrative Services Mr. Vukojevic, Director of Public Works Captain Kirkpatrick, Police Department Mr. Velasco, Associate Engineer Mrs. Devine, City Clerk I APPROVAL OF AGENDA Mayor Antos announced that item "N" was withdrawn from the agenda, replacement for item "L" to reject all bids, item "Q" add Resolution Number 5270, and item "R" change Resolution Number to 5272. Councilman Yost requested item "L" be removed from consent calendar for separate consideration. Yost moved, second by Larson, to approve the order of the agenda as revised. ... 1 . . ~ ~ l! ~ .1 I .. ij - '" , ~ ill II !l! Ii I I !II I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PRESENT A TIONS/PROCLAMA TIONS EMPLOYEE SERVICE RECOGNITION Mayor Antos recognized Officer Craig Jones for his 5 years of service in the City of Seal Beach Police Department. Officer Jones was not present - Captain Kirkpatrick received the certificate on his behalf. PRESENTATION I GROIN REPAIR PROJECT The Associate Engineer gave a brief presentation explaining the Sand Retention Groin Repair Project going over the existing condition, proposed repairs, project location, design plans, construction, and the timeline of Council actions. The project will coordinate with the Ruby's Restaurant renovation and repairs will only be done on the existing length of the groin. . 08-08-05 ORAL COMMUNICATION Mayor Antos declared Oral Communications open. Ms. Reva Olson, Seal Beach, expressed her concerns over the City's in-lieu parking program and t~e continued parking problems in Old Town. Ms. Joyce Parque, Seal Beach, said that realtors have never paid the business license tax before and does not believe that the City can charge them now and again reminded everyone about the importance of the March 2006 election. Ms. Sue Corbin, Seal Bea'ch, spoke about her concern over the recreation supervisor amending her past F,PPC 700 forms, believes there was a conflict of interest and intends to repo~ it to the I FPPC, the City Manager should have brought this matter to the atten~ion of the Council, and believes that there is mismanagement and illegal action in the recreation department along with retribution and harassment to the person who brought this matter to the Assistant City Manager's a.ttention. Mr. Bill Ayers, Seal Beach, expressed his concerns about the individuals who only coine to the Council meetings to complain and tell half truths, they have a right tolspeak but not damage all the good things about the City thus discouraging go,od people from volunteering to serve on the Council and other committees, and this kind of action is embarrassing to the other residents living in Seal Beach. ~Mr. Roger Northrup, Dublin Hair in Seal Beach, said that the restrooms under the;pier are in bad condition and again expressed his continued concern over th$ business license tax. There being no other speakers, Mayor Antos declared Oral Communications closed. ' CITY ATTORNEY REPORT No report. CITY MANAGER REPORT No report. I COUNCIL COMMENTS : Councilman Levitt requested that staff speak to the bar owners on ty1ain Street I regarding not serving customers that appear to be inebriated and going outside and throwing up on the sidewalks causing the other business owner~ to have to clean it up the next day. Councilman Ybaben expressed his concerhs over the decisions that Council is asked to make regarding the sewer and *torm drain projects and believes that the residents do not want to pay more itaxes. He requested that Council have a budget workshop to look at the global needs of the City so that Council can make a sensible decision and give responsi~le direction to staff. Councilman Yost agreed with having a study session on the budget and expressed his concern over the decrease of income from the busine~ss licenses and how to continue to provide the services and meet the needs of the community, also with consensus of Council requested staff to 'provide an ordinance to prohibit smoking on the beach and parks. Mayor Antos: stated that because of complaints he has received he would like to add to the discussion at the budget session what the advantages and disadvantages would b~ to change the City Hall hours to an 8:00 a.m. to 5:00 p.m. work week, Monqay through Friday in order to have full services of all departments. He also would like to see a change in the practice of issuing business licenses for commercial property, issue the owner one business license for all the properties they own instead of one license per property. The Director of Public Works responsed to Council question regarding restrooms under the pier stating that stall doors are on order and the restrooms are cleaned four times a day - 10:00 a.m. - 1:00p.m. - 4:00 p.m. - 10:00 p.m. the restrooms are closed for about twenty minutes during each cleaning. ~ - - i I . - . . . E; ~ COUNCIL ITEMS COUNCIL POLICY I BUSINESS LICENSE ADMINISTRATION / LEVITT Councilman Levitt requested to have this one-year trial policy placed on the agenda for Council consideration. Approval of this Council Policy would establish a temporary alternative for the administration of the City's business license system. Policy 100-08 shall sunset one year after adoption! and during ,",.' .;. .... 08-08-05 I the time staff will monitor the new policy and determine its fiscal and administrative impacts on the City. The first tier would exempt a business operating in Seal Beach from the current business license fee if their annual gross revenue is less than $25,000. The second tier would require a business with an annual gross revenue of/or over $25,000 to pay the full amount of the appropriate business license tax. This is not a new tax, past Council directed staff to enforce what was in the City Municipal Code. The Director of Administrative Services will develop procedures to implement Council Policy 100- 08. Council comments included that the policy should be for all types of businesses; this is only a one-year trial and can go back to the original policy without going to the residents for a vote; this would include total income not just income earned in Seal Beach; it takes money to run the City and this policy can not quantify the amount of money that will be reduced. The City Attorney addressed the concern of businesses not earning $25,000 in Seal Beach but total income is over $25,000 explaining that this is called "Constitutional Apportionment" the applicant must show that they only earn a certain amount of their income in Seal Beach, this is the responsibility of the applicant not of staff. Yost moved, second by Ybaben, to approve City Council Policy 100-08 entitled "BUSINESS LICENSE ADMINISTRATION" for one-year trial and development of the new procedures does not eliminate the need to comply with SBMC 5.10.045. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None ' Motion carried CONSENT CALENDAR - ITEMS "E" thru "M" Yost moved, second by Ybaben, to approve the recommended action for items on the Consent Calendar except for item "L" removed for separate consideration. I E. Approved the waiver of reading in full of all resolutions and ordinances and that consent to the waiver of reading shall be deemed to be given by all Council Members after the reading of the title unless specific request is made at that time for the reading of such resolutions and ordinances. . i --! i 1I " . . ~ I -! 1 . ~ . ~ . . . . 1I !I 1I il ,; it! ~ :1i ~ ., j F. Approved the minutes of the City Council Joint Workshop with the AdHoc Street and Storm Drains Improvement Committee, Adjourned City Council and Redevelopment Agency Close Session, and Regular Council meetings of July 25, 2005. G. Approved regular demands numbered 52797 through 53008 in the amount of $964,407.46 and authorized warrants to be drawn on the Treasury for same. H. Received and filed annual audit report evaluating the Monthly Investment Report and the City's Investment Policy prepared by Moreland & Associates, Inc. 1. Adopted Resolution Number 5368 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT NO. 50173 ANNUAL PAVING REHABILITATION FY 04/05 ENTERED INTO BETWEEN CITY OF SEAL BEACH AND ALL AMERICAN ASPHALT." By unanimous consent, full reading of Resolution Number 5368 was waived. J. Approved plans and specifications for Sand Retention Groin Repair, Project No. 50147 and authorized staff to initiate the bidding process. K. Adopted Resolution Number 5369 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING 08-08-05 THE BID FOR THE ANNUAL PAVING REHABILITAITON FY 05/06 PROJECT NO. 50174." By unanimous consent, full reading of Resolution Number 5369 was waived. M. Bids were received until Wednesday, August 4,2005 at 10:30 a.m. for the Annual Local Paving Project .FY 05/06, Project No. 50174 (phase one), at which time the City Clerk publicly opened them as follows: ' Companv: Bid Amount: I 1. All American Asphalt $694,500.00 2. Excel Paving Co. $798,785:96 3. Sequel Contractors $653,297 :00 4. EBS Inc. $759,972100 Awarded contract for the Annual Local Paving Project IFY 05/06, Project No. 50174 (phase one), to Sequel Contractors, the low bidder, in the amount of $653,297.00, and authorized City Manager to execute the contract on behalf of the City. i Adopted Resolution Number 5371 entitled "RESOLUTIO:N OF THE CITY OF SEAL BEACH, AMENDING THE SALARY RANGE FOR DEPUTY CITY CLERK." By unanimous consent, full 'reading of , Resolution Number 5371 was waived. i j Motion cLried , Antos, Larson, Levitt, Ybaben, Yost None AYES: NOES: ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "L" - REJECT BID 1 VARIOUS STORM DRAIN IMPROVEMENTS / PROJECTS #50202, #50203, AND #50204/ CHANGE IN SCOPE OF PROJECT Ybaben moved, second by Levitt, to reject all bids received for the Various Storm Drain Improvements Project #50202, #50203, and #50204, I per staff recommendation and authorized staff to re-advertise the project and bid opening. I AYES: NOES: ABSTAIN: Antos, Larson, Levitt, Ybaben None Yost Motion carried I PUBLIC HEARING ITEM "N" 1 SURFS IDE COLONY / WITHDRAWN BY APPLICANT I The Board of Directors of Surfside Colony has reconsidered their ppsition with regard to a re-zoning request and withdrew their application on AuglJst 4, 2005 for Mitigated Negative Declaration 05-2; General Plan Amendment 05-1; Zone Change 05-1; and Tentative Parcel Map 2004-106 - Surfsiae Colony Maintenance Facility and Residential Development. ITEM "0" 1 ORDINANCE NUMBER 1537 - MUNICIPAL CODE 12004 NATIONAL ELECTRICAL CODE Mayor Antos declared the public hearing open to consider Ordinance Number 1537 - 2004 California Electrical Code, Incorporating the "National Electrical Code". The City Clerk reported that the notice of public hearing was noticed as required and did not receive any communications for or against. The City Manager reported that staff reviewed the proposed amendments with the building officials and the City Attorney; the previous amendments have been adopted in the past. Mayor Antos invited members of the audience wishing to speak to this item to come to the microphone and identify themselves. There being no speakers, Mayor Antos declared the public hearing closed. Ordinance Number 1537 was revised after the first reading on June 13, 2005, added "Amending of 1997 Uniform Administrative Code". - - - I ~ = - - ~ - ~ " " . 0 . . - 08-08-05 I Yost moved, second by Larson, to adopt Ordinance Number 1537 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA ADOPTING BY REFERENCE THE 2004 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE", 2002 EDITION, INCLUDING ALL APPENDICES THERETO, AMENDING THE 1997 UNIFORM ADMINISTRATIVE CODE, AND AMENDING PORTIONS OF CHAPTER 9.60 OF TITLE 9 OF THE SEAL BEACH MUNICIPAL CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1537 was waived. The City Attorney read the full title for the record. AYES: NOES: Antos, Larson, levitt, Ybaben, Yost None Motion carried NEW BUSINESS ADHOC STREET AND STORM DRAIN REPORT The City Manager stated that at the request of Council this item was placed on the agenda. The Council has a broad range of options on how to proceed after receiving the Committee's report: 1) May determine that additional information is needed from staff and/or additional workshops; 2) Additional community outreach before making final decision - heighten the awareness in the community of the recommended financing scenarios; 3) Direct staff to implement some or all of the Committee's recommendations and select the appropriate financing scenario; 4) Not proceed further with the Committee's recommendations. The issue for Council to keep in mind would be that if they chose to proceed with raising the TOT (Transient Occupancy Tax) from 9% to 12% they would need to move forward by the end of October to have time to place it on the March 2006 ballot. I Council comments: Yost - would recommend placing TOT on the March 2006 ballot, this recommendation by the Committee is the least costly to the City and he would recommend applying funds towards the high impact projects, conduct community outreach workshops not to campaign for or against the ballot measure but to educate the City's residents on the issues of the storm drain and sewer needs as well as the TOT. Ybaben - Council needs to do more budget homework and stated that this does not reflect on the Committee's work, he cannot make the decision as to what projects need priority at this time - would support the TOT being placed on the ballot - would like to discuss the expenditures in the upcoming budget session. City Manager clarified that the Council only needs to make a decision whether to move forward to place the TOT on the ballot, and then if the voters pass the ballot measure to increase the TOT then Council will have time to prioritize the Committee's recommended projects. With Council approval staff will move forward with ballot language as well as a report outlining a Community Outreach Program educating the residents on what is "TOT" as well as the AdHoc Committee recommended projects stated in their report. Larson - voting against placing the TOT on the ballot, constituents have expressed to him they do not want any more taxes. I Yost moved, second by Levitt, to place the Transient Occupancy Tax (TOT) on the March 2006 ballot as part of the AdHoc Streets and Storm Drains Improvement Committee's recommendation to fund the high impact priority projects. AYES: NOES: Antos, levitt, Yost Larson, Ybaben Motion carried The City Attorney clarified that staff would bring the necessary Resolutions for the March 2006 election to Council for approval before the end of October. . . , SEWER SYSTEM MASTER PLAN The Director of Public Works/City Engineer presented a report on the 2005 Sewer System Master Plan (SSMP) update. The presentation described the ! 08-08-05 existing sewer system, projects completed in the last five years, reviewed the new requirements by the Regional Board, Master Plan sewer system needs, a detailed financial analysis, and recommendations. Mr. Zeki Kayrima, AKM consulting engineer, reported on the sewer enterprise financial analysis going over the existing sewer enterprise funds, Maintenance and Operation fund 43, and Capital Improvement fund 44. It was noted that the Seal Beach ~atepayers subsidize the operation and maintenance of the County Sunset Aqyatic Park sewer system of about $70,000 per year. Current revenues can not support the improvement program - two main alternatives were evaluated for the Capital I Improvement fund: 1) pay-as-you-go increase charges for average single family- residential unit from $5.83 to $24.49 per month in 3 years then reduce~ to $18.36 per month. 2) payment extended over 30 years issuing COP (certificates of participation of $7 million) more gradual increase for average single family to $10.07 per month in 3 years and will not reach $18.36 per month ~ntil 2012- 2013. The Director continued the presentation explaining the dilemmas and financial needs. Staff recommendations: Adopt the Sewer System Master Plan update; Conceptually approve plan to increase the Sewer Capital Charge and the plan to obtain bond funding (COP) to fund immediate needs and 10 year Sewer Capital Replacement Program; and direct staff to proceed with a Public Hearing and noticing for a rate increase. : By Council consensus the meeting was recessed at 9:00 p.m. and recbnvened at 9:10 p.m. with Mayor Antos calling the meeting to order. I I I Council Comments: Antos - asked for clarification regarding Sunset Aguatic Park and would support alternative 2 with a graduated rate increase ove'r the other alternative raising the current up to $25.00 per month. Director stated if Council . . directs staff to bring back the rate adjustments then staff will incorporate specific . rates so the aquatic park would pay their own separate rate that ;would fully reimburse the City for the actual costs of service. Ybaben - after Council reviews the budget would like to consider a hybrid alternative transferring some funds I from the general fund as well as increasing the rates. Levitt - aske:d what the downside of the graduated increase versus the higher cost; Respons'e - in 2016 the rate would be higher $21.00 versus $18.00. Ybaben - alternative 1 the ratepayer would pay about $100 per year more and alternative 2 is spread out for a longer period of time - concerned with how much money is really: needed to comply with the required repairs to bring down the risks of sewer spillage. The Director stated both alternatives would generate the same amou~t of money only the pay-as-you-go the increase is greater at the beginning. TKe Regional Water Quality Control Board (RWQCB) enacted General Waste: Discharge Requirements (WDR) authorizing administrative enforcement remedies, including monetary civil penalties against any agency that is in violation of the Order from a cease and desist orders to imposing fines up to $10,000 per day for ~ach day of violation. Mr. Kayrima stated that the recommendations have been thought through and investigated, noted that the risk of spillage is too high of a risk to take for potential fines. The Director commented that the conditions 6f the sewer pipes are one issue but Council also needs to look at the capacity of the pipes as well. The City has made some progress throughout the years but needs to continue to comply with the strict rules set by RWQCB. . Yost moved, second by Levitt, to adopt Resolution Number 5370 entitled "A I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CITY'S SEWER SYSTEM MASTER PLAN UPDATE, AUGUST 2005." Directed staff to move forward with the Capital Improvement Fund Alternative 2 - for the sewer enterprise fund capital rate increase and scheduling of a public hearing. By unanimous consent, full reading of Resolution Number 5370 was waived. The City Attorney stated that by Council's action a public hearing would be scheduled 45 days from this date before any rate increase becomes effective and Council approval is needed before any financing takes place. I 08-08-05 AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I RESOLUTION NUMBER 5372 / GROIN REHABILITATION PROJECT / SEAL BEACH PIER The Director of Development Services stated that the Associate Engineer gave the presentation on the groin repairs project early in the meeting. Resolution Number 5372 would approve the environmental review document for the project. The City has prepared and gone through the process for Negative Declaration 05-3, Groin Rehabilitation Project at Seal Beach Pier no new issues were identified that would require recirculation of the document. Council approval of the proposed resolution would authorize staff to file the appropriate documents with the County Clerks Office and with the State Office of Planning and Research in Sacramento; copies of all documents are included in the staff report. Mr. Chris Webb from Moffatt and Nichol, consulting engineering and coastal scientist firm, was present to answer any Council questions. Yost moved, second by Ybaben, to adopt Resolution Number 5372 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION 05-3, GROIN REHABILITATION PROJECT AT SEAL BEACH PIER, AND INSTRUCTING STAFF TO FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE." By unanimous consent, full reading of Resolution Number 5372 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I REDEVELOPMENT AGENCY It was the order of the Chair, with consent of the Council, to declare a recess at 9:32 p.m. to the Redevelopment Agency Meeting. Council reconvened at 10:00 p.m. with Mayor Antos calling the meeting to order. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting to September 12, 2005 at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 10:00 p.m. in memory of Suzanne Nelson an active community member of Seal Beach, District Three. The regular City Council meeting scheduled for August 22, 2005 was canceled by action of the Council at their December 13, 2004 meeting. ity lerk and ex-officio clerk of the City of Seal Beach I Approved: ~~w Mayor Attest: .~~ /'.r~~/ City Clerk