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HomeMy WebLinkAboutCC Min 2000-04-24 4-10-00 / 4-24-00 I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session,pursuant to Government Code Section 54956.8 to confer with the City's real property negotiator with regard to Ruby's Restaurant. By unanimous consent, the Council adjourned to Closed Session at 10:21 p.m. and reconvened at 10:48 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported that the Council had discussed the item identified on the agenda, no action was taken. ADJOURNMENT It was the order of the Chair, with consent to adjourn the meeting at 10:49 p.m. of the Council, C' o ex-of cio clerk Seal Beach Approved: ~ "eeee, ~dYbu City Clerk I Seal Beach, California April 24, 2000 The City Council of the City of Seal Beach met in regular session at 7:03 with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Chief Cushman, Lifeguard Department Ms. Beard, Director of Recreation and Parks Ms. King, Director of Administrative Services. Mr. Danes, Assistant City Engineer Ms. Yeo, City Clerk APPROVAL OF AGENDA Mayor Yost requested that Item "H" be removed from the Consent Calendar for separate consideration, Councilmember Campbell requested Items "0" and "J" removed, and members of 4-24-00 the audience requested items "H", "I", "B" and "C" removed. Boyd moved, second by Campbell, to approve the order of the agenda as revised. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ANNOUNCEMENTS Mayor Yost stated he would be holding a meeting on May 23rd at 7:00 p.m. at either the Mary Wilson Library Senior Center or the Marina Community Center for a general information update and to discuss anything of interest to the public. Councilmember Campbell announced a meeting on May 2nd at the Bixby tennis facility, an open house at 7:00 p.m. featuring the different options for the tennis club conversion and a town hall meeting at 7:30 p.m. The Mayor made an announcement of the upcoming Car Show on Saturday, April 29th. I PUBLIC COMMENTS Mayor Yost declared Public Comments to be open. Mr. Gordon Shanks, Surf Place, noted he had pulled Items "B" and "C" from the Consent Calendar, stated that when there are people being honored or a special occasion it should not be so subjugated to the Consent Calendar that it is meaningless, if they are important they should be considered by the Council separately or they do not belong on the agenda. Mr. Reg Clewley, Catalina Avenue, mentioned that within the past months the Council has passed new rules for Council meeting procedures, eliminating the second public comment period, this was supported because the public would be able to address each item on the agenda, yet at the last meeting .there was a group of about fifteen people who wanted to speak to the first agenda item but they were denied and objection to that was raised during the approval of the agenda. Mr. Clewley claimed that elimination of the second public comment period has been discredited and asked that this issue be placed on the next agenda so that the people will be allowed to address all agenda items, there is a problem also with the way the agenda is arranged, it is different from those recently but similar to those in the past, tonight if anyone would have waited for the Consent Calendar they would not have been able to pull items, the agenda is now rearranged. Mr. Clewley spoke of freedom of speech and suggested the resignation of the Mayor. At the request of Council, the City Attorney explained that the item referred to by the speaker was continued from the prior meeting to which the public had been afforded six or seven hours of testimony at three separate public meetings, Mr. Clewley himself spoke several times, he could have used his five minute public comment period to speak to the item now as it is agendized for second reading. The City Attorney stated the staff is comfortable that everyone had an opportunity to speak to the item, at this meeting as well. The City Attorney confirmed that the public hearing had been closed at the prior meeting however a motion remained on the floor which required an action to be taken by the Council before any other action could be taken. A member of the Council clarified also that as customary procedure the first action at a meeting is to allow the public, the Council, or staff to remove an item from the agenda, allow comment on it, reorganize the agenda, etc. Ms. Virginia Cling, Seal Beach, expressed appreciation on behalf of the Girl Scouts to the City for the partnership formed with the Scouts to beautify various areas of the City, also the Public Works employees for working with the girls I I n.- _~. ,.,., "- ~ -. 4-24-00 I and their leaders to plant flowers at City Hall and the planting of a beautiful pine tree at the Girl Scout house, and extended an invitation to work together again another time. Mr. Stan Anderson, resident and Year 2000 Chair of the Seal Beach Car Show, thanked the City for their assistance this year as well as past years, this is felt to be one of the best Car Shows in the area, what started as a sidewalk sale and a few cars is now five hundred cars, there is help as well from volunteers and residents, the Show, the 13th, is sponsored by the Seal Beach Business Association and Chamber of Commerce. Mr. Anderson requested the opportunity to speak to the issue of no smoking on the pier. He mentioned that as a resident he grew up in Seal Beach, watched the DWP property remain vacant for many years, he looks forward to seeing some utilization of that property and some tax dollars coming to the community, if it in fact becomes a park then what would the cost be to the City, residences versus the Conservancy buying it as a park, what would the expenses be, as a hotel what would the additional tax dollars to the City be. He asked for a Council response to those issues. Mr. Anderson stated that he is a non-smoker yet understands the rights of those who do, many people like to smoke while walking the pier, his hope would be that this would be a temporary no smoking, a pier is not built to catch on fire, he is confident that the pier can be fixed so that a cigarette can not smolder and cause a fire under the pier, this may require some work to improve conditions so that people can smoke on the pier, receptacles for cigarettes may be one, the pier was once blacktop, it was thought that was for safety purposes. His ending thought was that the smoking ban be temporary, look at the pier to make it better, maybe the old design was better. There being no other comments, Mayor Yost declared Public Comments closed. I CONSENT CALENDAR - ITEMS "A" thru "J" Boyd moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented, except Items "B, C, 0, H, I and J," removed for separate consideration. A. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading was 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. E. Approved the plans and specifications for the construction of City Hall and Council Chamber door alterations, ADA accessible, Project Number 690, and authorized staff to initiate the bidding process. I F. Adopted Resolution Number 4796 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE SUBMITTAL OF CITY OF SEAL BEACH IMPROVEMENT PROJECT(S) TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM." By unanimous consent, full reading of Resolution Number 4796 was waived. 4-24-00 G. Adopted Resolution Number 4797 entitled "A RESOLUTION OF THE CITY COUNCIL'OF THE CITY OF SEAL BEACH PROVIDING AUTHORIZATION BY COUNCIL FOR DIRECTOR OF PUBLIC WORKS TO EXECUTE INDIVIDUAL 'PROGRAM SUPPLEMENTS'." (Master Agreement Number 12-5229). By unanimous consent, full reading of Resolution Number 4797 was waived. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "B" - Mayor Yost as "Autism motion. PROCLAMATION - AUTISM AWARENESS MONTH moved the proclamation of the month of April, 2000 Awareness Month." Councilman Doane seconded the AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEM "c" - PROCLAMATION - VETERAN APPRECIATION MONTH Councilman Doane said he believed that about seventy percent of the men residing in Leisure World are veterans, there are events that recognize veterans on Veterans Day and Memorial Day at the pier and in Leisure World, reminded all of the World War II Submarine Memorial located at the Naval Weapons Station, and mentioned the importance of having recognition of the veterans. Doane moved, second by Boyd, to proclaim the month of May, 2000 as "Veteran Appreciation Month." Councilman Boyd mentioned that there is an effort on behalf of the weapons Station Memorial to legislatively designate a portion of Pacific Coast Highway from the Long Beach/Seal Beach border through Sunset Beach as Submarine Mariners Memorial Highway, his intent is to bring that matter to the Council seeking support. Her husband being a veteran, Councilmember Campbell expressed pride in supporting this. Councilman Snow, a veteran as well, described in some detail his experiences as an employee of a pipeline contractor during and after the attack on Pearl Harbor. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEM "D" - WARRANTS Councilmember Campbell inquired as to what account the Stoddard settlement was charged, when did the Council approve the purchase of a Jeep Wrangler for the Police Department, and asked about the payment to Bubalo Construction. The response of the Administrative Services Director was that the Stoddard payment was from the Public Liability Fund, the check to Leisure Equipment is payment of the second Jeep vehicle approved in the 1999/2000 budget, and the Public Works Director explained that the check for Bubalo was a progress payment for the manhole project, however this contractor also performed extra work to repair the recent leak. I Campbell moved, second by Boyd, to approve regular demands numbered 27228 through 27479 in the amount of $1,090,491.40, payroll demands numbered 7354 through 7489 in the amount of $146,414.76, payroll liability account 9000247 through I. I I 4-24-00 9000259 in the amount of $76,962.67, and authorized warrants to be drawn on the Treasury for same. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEM "H" - ORDINANCE NUMBER 1455 - ZONE TEXT AMENDMENT 001 - BED/BREAKFAST FACILITIES Mayor Yost mentioned that he had removed this item from the Consent Calendar as he did not want to vote in favor. A member of the audience, Mr. Clewley, stated he had requested this item removed as well, to that the Mayor advised that the public had adequate opportunity previously to speak to this item. Councilman Boyd expressed his opinion that when a member of the public removes an item from the Consent Calendar they should be allowed to speak to it, and moved to allow public comments for no more than three minutes each. Mayor Yost seconded the motion. AYES: NOES: Boyd, Campbell, Snow, Yost Doane Motion carried Mr. Clewley made reference to Section 7(b) of Ordinance 1455 and claimed that there is no established criteria for locally significant historic structures, further, a claim that this will stabilize neighborhoods through the preservation of historic structures, again no description or determination of which structures are locally or historically significant structures, also that this will preserve, protect and enhance streetscapes. He made further reference to Section 28- 852(3)(d) which does not allow the placement of a bed and breakfast adjacent to a single family residence which he claimed is what the Krenwinkle house is intended, so, this proposal does not qualify, the Krenwinkle house can not be placed next to the bed and breakfast. Councilmember Campbell responded that Section 209.5 defines bed and breakfast as dwellings constructed prior to 1925, there are not that many of those structures in Old Town. With regard to the reference to Section 28-852(3)(d), the City Attorney recommended, for the purpose of clarity, that the language be changed to read "...subject property shall not be adjacent to an existing single-family residence on adjacent lots..." instead of the word "property". Councilman Doane moved to approve the revised language of Section 28-852(3)(d) as recommended by the City Attorney and adopt Ordinance Number 1455 as amended entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING) OF THE CODE OF THE CITY OF SEAL BEACH DEFINING 'BED AND BREAKFAST FACILITIES' AND ESTABLISHING THE RESIDENTIAL CONSERVATION OVERLAY ZONE AND IMPLEMENTATION PROCESS (ZONE TEXT AMENDMENT 00-1)." By unanimous consent, full reading of Ordinance Number 1455 was waived. Councilman Boyd reported that notification was received this date that the Proctor house has been sold to a private party with the intent of restoring the house as a private residence therefore it will not be a part of this process. Councilman Boyd then suggested an amendment of the Ordinance to delete subsection (b), Exception, of Section 28-253(1), to eliminate the three foot sideyard setback option to then read as set forth in subsection (a) "relocated structures shall comply with current open space, bulk, and yard standards of the base zone. " The proponent of the B & B proposal, Mr. Verhulst, said they had never requested a three foot setback, the plan for the Krenwinkle house was to have a four foot setback. 4-24-00 Staff confirmed that the sideyard setback is typically ten percent of the width of a lot, as a lot gets wider so does the setback, on a fifty foot lot the standard setback would be five feet. Councilman Boyd said if the proponent were to build a single family residence on a fifty foot lot, which at this point he mayor may not do, and if he chooses to relocate the Krenwinkle house to the 7th Street location, an acceptable structure needs to be found that will fit the current zoning standards otherwise there is the option to build, and if he does so under these standards he could build something that no one else can. The Development Services Director explained once again that the authorities granted under the Zone Text Amendment only apply to structures built before 1925 therefore would not apply to the construction of any new structure, a new bed and breakfast structure, as an example, could not be built. Councilman Boyd posed the question if the Krenwinkle house is relocated and the proposal is then to build on the rear portion of the lot, does that comply with existing zoning. The response was that it would if not used for a bed and breakfast facility. The following question related to if new construction were attached to and used partially as a bed and breakfast and partially as a residence, the response in that case was that it would not, again, the standards of the Ordinance apply only to pre-existing structures built before 1925. Counci1member Campbell said given the fact that the ordinance is so well defined she would suggest that the change proposed by Councilman Boyd was not necessary. Councilman Boyd withdrew his motion. I The City Attorney noted the motion on the floor of Councilman Doane to clarify the language of Section 28-282(3)(d) and adopt Ordinance Number 1455. Councilmember Campbell seconded the motion. Councilman Snow inquired if the provisions of Ordinance l455 were acceptable to the proponent. Mr. Verhulst responded that it was reasonably acceptable, the only change he would propose would be the check in time of 9:00 a.m. until 11:00 p.m. instead of 9:00 a.m. until 8:00 p.m. To a question if the hours could be regulated through the Conditional Use permit, the City Attorney explained that conditions are allowed to be more restrictive through a CUP but not less restrictive. Councilmember Campbell inquired as to the hours for the Seal Beach Inn, and was informed there are no restrictions, the Radisson as well. Councilman Snow suggested that the hours be revised now. He was informed that should a motion to that effect be approved the Ordinance would need to have first reading again. There was no motion to that effect. I Vote on the motion to amend the language of Section 28- 282(3)(d) and adopt Ordinance Number 1455: AYES: NOES: Campbell, Doane, Snow Boyd, Yost Motion carried I ORDINANCE NUMBER 1458 - DOGS IN CERTAIN PARKS Ordinance Number 1458 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 4, SECTION 4-8.1 OF THE SEAL BEACH MUNICIPAL CODE TO MODIFY DOGS AND OTHER ANIMALS NOT ALLOWED." By unanimous consent, full reading of Ordinance Number 1458 was waived. Mr. Reg Clewley, Seal Beach, expressed his views that allowing dogs in Gum Grove Park and on the greenbelt will do great damage to those areas, the report from staff does not address the fiscal 4-24-00 I Councilman Boyd made reference to the public comments, the speakers saying that the proposal sounds good but they want more information, to that he moved to direct staff to take out a full page ad in the Sun and News Enterprise giving a project overview and description of the projects proposed, outlining the intent, background, with four or five questions with responses, explain the rate increase again for the residential user, and notice the public hearing once again, also that this is in full compliance with the Prop 218 process. Mayor Yost inquired if the hearing had been noticed to all residences in the City. The City Clerk responded that the hearings had been noticed twice to each residence. Councilman Boyd argued that the notice merely said the method was being changed, it did not explain the process, the City does not advertise how good it is often enough, the public needs to be made aware of how their money is being spent, why, and the good work that has been put into it, this is a common means of showing the citizens that their tax dollars are going back into the community. The motion failed for lack of a second. The City Manager mentioned that copies of the Sewer Master Plan are available for public review and that staff is available to answer any questions there may be. Doane moved, second by Yost, to approve the introduction and first reading of Ordinance Number 1460 as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I The City Attorney announced that the Ordinance will be presented for second reading and consideration of adoption at the May 8th meeting. RESOLUTION NUMBER 4798 - TRAFFIC SAFETY GRANT - POLICE DEPARTMENT Chief Sellers announced that the cities of Seal Beach, Los Alamitos and Cypress were recently awarded a grant of over $417,000 to focus on a multi-jurisdictional traffic safety grant program, this program will provide Seal Beach with a new traffic safety officer on motorcycle, a number of equipment items including a motorcycle, a radar speed trailer, a multi-purpose trailer for use at DUI checkpoints, emergency situations, etc. He noted the grant covers a twenty-seven month time period, one hundred percent of the officer's salary will be covered for the first year and fifty percent the second year, it is anticipated that the revenue generated by the motor officer will more than offset the cost of the officer and program in future years. I Boyd moved, second by Yost, to adopt Resolution Number 4798 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF A TRI- CITY GRANT APPLICATION WITH THE STATE OF CALIFORNIA FOR A POLICE TRAFFIC SERVICES PROJECT" for the benefit of the community, establish a Traffic Offender Fund and related fees to continue the program at the expiration of the grant, and authorize the Police Department to solicit requests for proposals to establish a new tow rotation, based on the specific needs of the Department, from local tow companies. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried 4-24-00 CITY ATTORNEY REPORT The City Attorney advised that the lawsuit filed by the City of Los Alamitos with regard to the Bixby project is in the briefing stage, the brief on behalf of the City was filed two weeks ago and as soon as the City of Los Alamitos files their reply brief their firm will be seeking an order from the Court of Appeal for an expedited hearing date, this type of case is entitled to priority, the hope is to have a date within the year rather than the usual three to four years. He reported also that Los Alamitos has challenged the judges ruling denying their seeking of attorney fees, they are appealing that decision and will be filing a brief within the next fifteen days. Councilmember Campbell noted that their attorney is the same that encouraged Lake Forest and Irvine to file a legal action against the Airport Land Use Commission. I CITY MANAGER REPORT The City Manager reported that the City has been working with the newly formed Trees For Seal Beach Foundation in an attempt to raise funds to plant trees on Ocean Avenue, then Main Street and eventually citywide, one of the objectives is to adopt a tree ordinance, primarily for preservation, a requirement to be designated as a Tree City America, there is an attempt to develop such ordinance based upon models obtained from other cities that is thought would work in Seal Beach, a key component is an enforcement program which is meant to stop illegal removal and trimming of city-owned trees, some of the models even address trees on private property, it is felt that should be addressed with caution whereby that could lose the support of the public and defeat the purpose of the ordinance to educate the community as to the value and preservation of trees. He mentioned too that there has also been a suggestion that any violation of the ordinance be treated as a misdemeanor which would require the City Attorney to file in court against the offender, that too is of concern when it comes to determining whether it was a tree of value, whether it was done knowingly, also there is a cost factor to have the Attorney prosecute such things and in the meantime there is no means of having the tree replaced, some cities have done this, other have done enforcement by means of penalties where a citation is written and the offender is immediately liable for payment, another option was if it were not practical to replace a large tree that replacement be on a four to one basis and then all costs, including the planting, would be passed on to the violator. He mentioned that some of the options have been provided to the advocates of planting more trees in the community for consideration, it is hoped this can come before the Council with a general consensus in the not too distant future. The Manager reported that the Development Services Department has received an application from Starbucks for a CUP that would be required for them to move into the location presently occupied by Burger King, that facility presently has permits for a sit down restaurant and a drive-thru window however since there would need to be some modifications to the interior and the drive-thru a CUP would be required, this matter will be scheduled for public hearing before the Planning Commission. He mentioned that he and the Recreation and Parks Director visited the McGaugh Pool this date, the pool has water, the tile is in, the water will be clear by weeks end, there is some finishing yet to be done on the deck, the project was a success, and the grand opening will be upcoming. I I 4-24-00 I impact of replacement of grass and plants, cleanup, said this ordinance is unenforceable without hiring additional animal control, it is not possible to identify which dog does what, and no requirement for disposal bags. He stated also that it is inappropriate that the park in the vicinity of District Four has been removed from future dog walking. Boyd moved, second by Campbell, to adopt Ordinance Number 1458 as presented. Councilman Boyd pointed out that there will be no warnings given for violations, this Ordinance will allow law abiding citizens to walk their dogs in a civilized manner provided they are on leash and any droppings are removed, otherwise citations will be issued. Mayor Yost said this is a trial effort for Gum Grove, if it does not work he will revisit the issue. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ORDINANCE NUMBER 1459 - PROHIBITING SMOKING - MUNICIPAL PIER Ordinance Number 1459 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF SEAL BEACH PROHIBITING SMOKING ON THE MUNICIPAL PIER." By unanimous consent, full reading of Ordinance Number 1459 was waived. Councilmember Campbell suggested that the language of subsection (b) be amended to read that "the City Manager shall post "no smoking" signs..." that in place of the word "may". Campbell moved, second by Boyd, to adopt Ordinance Number 1459 as amended. I AYES: NOES: ABSTAIN: Boyd, Campbell, Doane, Yost None Snow Motion carried PUBLIC HEARING - SEWER SYSTEM MASTER PLAN / SEWER RATES Mayor Yost declared the public hearing open to consider the Sewer System Master Plan and proposed sewer capital rate. The City Clerk certified that notice of the public hearing had been mailed to each residential unit in the City for this public hearing as well as the continued hearing for May 8th, and reported receipt of one communication with four signatures in opposition to the proposed capital sewer charge. I The Director of Public Works stated the issue of the sewer system is of great importance, comparable to water quality and the environment, and mentioned that the Assistant would be making a brief presentation that has been made before but felt important to make once again. The Assistant City Engineer reported that the sewer distribution system is quite old, built between the 1920's and 1960's, thirty miles of pipe, between six and twenty-four inches in diameter, six hundred thirty-three manholes, nine pump and lift stations, which serves Old Town, the Hill, College Park East, a portion of College Park West, Leisure World is served privately, and Surfs ide is in a separate Sanitary District. To a comment of Councilmember Campbell, the Director confirmed that the City provides water to the area called Parkwood, in the City of Los Alamtios, as well as sewage, and they are billed for those services. The Assistant Engineer continued, explaining that the City's sewage goes to the Orange County Sanitation District by means of the lift station at the corner of Westminster and Seal Beach Boulevard, treatment is financed through property taxes and user fees collected on the utility 4-24-00 bill. with regard to the capital improvement program, the Seal Beach Boulevard Force Main is about $1.3 million, the City share of replacement of Old Town sewers is $1.8 million, the remainder of funding will be sought through the Orange County Sanitation District Cooperative Program, Aquatic Park pump station is about $900,000, the nine pump stations is about $3 million, with another $3 million for various other lines and repairs. Councilman Boyd asked if there is a charge to Sunset Aquatic Park for the pump station there, the response of the Director was that the City provides them water therefore they pay by means of their utility bill as do all others. The Assistant City Engineer displayed a map showing the locations of the various pump stations and pictures thereof, also, given the age of the sewer system serving Old Town and its filtration problems that is the reason the Orange County Sanitation District is cooperating with the City for additional funding for the replacement of the system, he noted that the manhole project was recently finished, that project went well, and bids open May 2nd for the Seal Beach Boulevard force main line. To a question if the main line will connect where the break occurred, the response was that it will at the area of the first break near westminster, the more recent break was in the same line but closer to the pump station, with regard to the allegation that a valve was left open, the Director explained that there are air blowoff points in force mains that relieve trapped air, this particular blowoff was corroded and failed near the connection to the blowoff valve and was leaking sewage, these are small valves located on the pipe, it is not normally serviced rather it remains buried and is basically for construction purposes, in this break it was fortunate that it was possible to use that valve to shut off the blowoff, which is now inoperative and will remain so until the whole system can be replaced. It was confirmed that there are two different types of forcemains, one is under pressure, as was the case with the recent break, the project later in the year will be replacement of the forcemain with a gravity line from about Catalina, the top of the hill, back to about Westminster, by doing that there will no longer be the corrosion that caused the damage to the pipe, the downhill side is the area where air collects and if it is continually under pressure there is no air to cause corrosion, since the existing pipe is not filled at all times there was the opportunity for corrosion to occur, it is suspected that the .downhill side of the forcemain is in the worst condition where the pipe from the pump station to Catalina may not be that bad with the exception of the blowoff valve, it may be safe to do the first half of the project and then determine the condition of the line further, the problem with forcemains is that one can not access the inside to do tests, the line can not be shut down for very long without tanker trucks, bypasses, etc. The Assistant showed pictures of the manholes before replacement, corroded due to the condition of the forcemain, the Boulevard forcemain serves the majority of the City, there is no means of access for testing, the probability is high for the complete failure of the facility, that is primarily what has prompted the rate study, and as a sidenote, there is a federally funded roadway rehabilitation project for an overlay of Seal Beach Boulevard therefore the replacement of the forcemain needs to be done as soon as possible before the overlay, the explanation was that the federal government has mandated that the money be expended within a specific time frame. Councilman Boyd said his understanding then is that the City has received a grant to do an overlay and rehabilitation of Seal Beach Boulevard and I I I 4-24-00 I the plan is to coincide the replacement of the sewer line so that the Boulevard will not need to be opened up later for the sewer replacement. Staff confirmed that to be true, the cost to do that would be about $180,000 and would decrease the life of the pavement. It was noted that there have been the two recent sewer line breaks, one in an alley as well, as an example the emergency repairs for the last break was likely between $l5,000 to $20,000 for the one night, had it been the full pipe that would have meant weeks of work, the prior break was about $60,000 plus additional costs, the total likely about $100,000. The Assistant stated the City does not want to ever be in the position where pump station thirty-five overflows because it would be impossible to get enough trucks to pump out the sewage, that would also be costly and fines likely from the State as a result of discharge into the ocean, specifically Anaheim Bay. With regard to financing, the Assistant mentioned that water is billed on usage as well as a capital charge per meter for improvements to the water system, there is presently a charge for sewer operations and maintenance of twenty-two percent of the water bill however there is no capital charge for improvements, the total amount of improvements is about $9.3 million, about $1.4 million is needed immediately for the force main replacement, the current revenues are not sufficient to meet immediate needs and the City will have to raise money through the issuance of certificates of participation bonds, the revenue needed annually will be around $525,000, to accomplish that a capital charge was developed for each water meter based upon the ratio of their average demand to the average base demand, the different sized water meters were put into a group, the demand and usage calculated, that divided back to determine a rate, small users would be $5.83 per month. The Director pointed out that the majority of customers are residential, a small amount of commercial, the charge for the five-eighths and three quarter inch meter are virtually the same because the use of five-eighths has been discontinued as an industry practice. He noted there is some dilemma when dealing with sewer because it can not be metered therefore it is basically set to industry standards as to the amount of usage, most municipalities are a twenty to twenty-five percent range, Seal Beach is twenty-two percent, and although that rate covers the operating expenses on a daily basis there is no set aside to replace the capital investment which is the pumps and lines. The Director spoke in support of the Sewer Master Plan, a forecast of expenditures over a period of ten years to have a good system without problems and environmental catastrophes. Councilman Snow mentioned that the population of Leisure World is about a third of Seal Beach, the Golden Rain Foundation pays for the water used rather than the individual residents, Leisure World is about five hundred fifty acres, there are sixty-two miles of sewer line, there are two lift stations, in those stations there are two pumps in the event one should fail, there was a need to have power for those pumps other than electric power, to that a propane engine has been installed as a backup. He also explained that each resident pays real estate taxes that go to the County, included in that are the charges of the Sanitation District, and recently equipment was installed to inspect all of those sewer lines, the pipes range from four to eighteen inches. The Director pointed out that the Leisure World sewer system is private, drains directly to the pump station therefore there is no charge by the City, thus the capital sewer fee will not effect Leisure World. Councilman Boyd restated his understanding that the Council I I 4-24-00 is being asked to impose a capital facilities charge to all users to pay the debt service on bonds to replace the sewer system. The Director stated that to be correct and if there were not urgent needs the sewer capital fund could possibly be accomplished like the water capital with no financing necessary, nonetheless a sewer capital replacement charge should be established. Councilman Boyd again sought clarification that irrespective of the financing what is being recommended is the establishment of a charge, this is not money from the General Fund, part of the utility tax or property tax, water and sewer are enterprise funds where monies are earmarked from a user fee, the General Fund and utility tax is not an option. councilmember Campbell asked if it is just the main lines that will be replaced. The Director responded that to the true at first, the Boulevard force main first which primarily serves the Hill, Old Town, Bridgeport, and Aquatic Park, the Master Plan refers to a number of things from the rebuilding of pump stations to refurbishing of main lines, residential lines are also addressed, areas where there is not adequate flow due to the grade of the pipe that results in accumulation. As to lines to be replaced north of Westminster, the Director advised there are several Master Plan projects for College Park East, there are pipes that have inadequate fall which requires considerable line cleaning, as pipes get older more water seeps in at the joints, that is something that costs everyone more for treatment, a reason that the Sanitation District is offering grant money to help reduce the inflow from storm and ground water. It was confirmed that the City had received grant money last year of approximately $150,000 for improvements to the system as well as some GIS data that the District requested, also, the Master Plan was partially funded by the Sanitation District. It was explained that the Master Plan is necessary so that the City can compete yearly for additional grants, the financial performa of the Plan shows that after 2001 the City will be spending approximately $1.3 million for replacement of sewer lines throughout the City, that coupled with about $300,000 to $400,000 per year of grant monies. With regard to locations of digging in the College Park East area, the Director stated he was not certain of specific locations, most of the problems are believed to be in the residential streets, it is felt Lampson will be repaved once again before it is dealt with, and it was clarified that application has been made for two projects, one this year and one two years later. Councilman Boyd made a point that the City has a stable user base for revenues, the average capital charge will be about $5.83 per month. The Director mentioned that most of the meters above one inch are multi-units or very large single family residences. Councilmember Campbell said much of North Orange county is currently undergoing remodeling, the homeowners are not receptive to spending money on such things as new plumbing but that is something that needs to be done, and the residents need to realize that the City needs to do the same with the infrastructure. She pointed out that Seal Beach is one of very few north Orange County cities that have master plans, they need to do so, and such Plan makes obtaining outside monies much easier. The Director made mention that that makes it difficult when making comparisons to other cities because they have not yet addressed the Master Plan issue and the financing of infrastructure replacement. I I I It was the order of the Chair, with consent of the Council, to declare a recess at 8:23 p.m. The Council reconvened at 8:35 p.m. with Mayor Yost calling the meeting to order. ~.~,t" ' I I I 4-24-00 Mayor Yost 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. Gordon Shanks, Surf Place, stated he was not necessarily in favor of this yet it is known that somehow it must be done. He offered that for those who have owned their property since pre-Proposition 13 there is nothing to complain about, his feelings are with the younger people who have purchased property within the past five to six years where they not only have to pay the higher property taxes but additional charges like this. Mr. Shanks noted that Leisure World takes care of their own sewer system which is fine but why should those members of the Council be able to vote on tax increases for the other areas of the City, in this case he feels that only the three remaining members of the Council should vote on this issue, and visa versa the three Councilmembers should not have the ability to impose additional taxes on Leisure World. Mr. Shanks said again that this needs to be done therefore the capital fee should be adopted. Mr. Zay Brand, nearly forty year Seal Beach resident, expressed his opinion that there have been a total lack of reasons why this has to be done, his impression is that this is merely because there was a break, the lines should last more than forty years, however he has heard of conditions at this meeting that negate his opinion, he would like more information as to exactly what is proposed to be done, it is not certain all of the lines proposed to be done need to be, there should probably be more inspections with video cameras however it has been said that can not be done at present because they are high pressure lines, another reason seems to be the paving of Seal Beach Boulevard by means of grant monies, that information should have been provided the citizens. Mr. Brand said he came to the meeting with a negative opinion however after listening to the report he is more positive, yet he would still contend that not all of the lines need to be replaced at this point. Ms. Reva Olson, Seal Beach, said she was not certain if she was for or against this issue, it is known that new sewers are needed and even the charge is acceptable, yet questioned how Proposition 218 and an election to issue bonds is being avoided. The City Attorney responded that this is not a fee defined under 218 therefore the City is in full compliance, and made reference to the additional public hearing notice that was done to comply with the forty-five day requirement. with regard to the issuance of bonds the City Attorney advised that there are certain types of bonds that require an election however certificates of participation do not, the public hearing on this matter will be continued to the next meeting and there will be further explanation and discussion with regard to certificates of participation. Mr. Ed Simmons, Seal Beach, said he too was neither for or against this matter in that he has personal knowledge that there needs to be new sewer and water systems. He questioned however why this has taken so long, so many years, for more than half of the lines proposed to be replaced it has not been stated when the systems were installed, he knows how old they are, the water system has the same problem, there are not enough pumping stations, there are problems in this City because about ninety percent of,the area is two feet above sea level, old pictures will show that most of the area from Main Street to Seal Beach Boulevard has been below water, water is two feet down and the sewer system is eighteen inches to two feet underground, salt is the biggest decayer, therefore the sewer and water systems can not last when they are sitting in salt water a good portion of the year, particularly with the high tides. Mr. Simmons again said it 4-24-00 is known that both the water and sewer systems are needed, but why all of sudden, where did the money go over the past twenty-five years, the people have paid twice but got nothing, he can guarantee that both systems are nearly gone. Mr. Simmons claimed that now the City has to build, that being the case, then can some of the problems experienced today be taken care of, first of all the hundreds of thousands of dollars that has been wasted on sand for the south 'side of the pier yet there is no way to dispose of the water once it runs over the beach, there needs to be a pump station, drops at the end of each street, this is a major problem. As he has said for years, the ocean is rising each year, in a seven foot tide his house is three feet below that level, think about what happens in a major storm, summer or winter. Mr. Simmons stated his support for replacement of the water and sewer lines, but the other issues in Seal Beach should also be kept in mind. Mr. Kirk Gutlen, College Park East, agreed that there needs to be a 'new sewer system, however he has a problem with the financing as proposed, it was said it is a user based system, he lives alone, has a one inch water meter which, in his opinion, is irrelevant when it comes to calculating a charge because no matter the size of the meter it uses the same amount of water to run the dishwasher, flush the toilet, or whatever, his feeling is that the charge should be tied to the usage of water, based on the proposed formula his utility will increase about $96 per year whereas a family of four with a three-quarter inch meter will have four times as much impact on the sewer system but their increase will only be about $70 per year, to him it seems that everyone should pay their fair share. Mr. Gutlen requested that this be given consideration in that it is the amount of water used that impacts the sewer system, not the water meter, that would be an equitable system. Ms. Joyce Kucera, Ocean Avenue, forty year resident, expressed her support of having the sewer lines replaced and the water lines maintained, she would also like to again swim in the ocean when it is not polluted, she too lives alone and as far as tying the fee to water usage stated that not all of the water used goes into the sewer, in her case the majority of water is used for her garden. There being no further comments, Mayor Yost continued the public hearing until the May 8th meeting. I I Mayor Yost recommended that the staff report and sewer rate study be received and filed. With regard to water quality, he mentioned a method of some cities, particularly on the east coast where most of the storm water flows to the sewer system to be treated prior to going into the ocean as opposed to the west coast where the storm drain systems flow primarily to the rivers and then to the ocean, that is called storm water diversion by means of the sewer system and inquired if the improvements proposed will make that an easier option. The Director of Public Works responded that diversions are an issue being addressed countywide, an option that is being looked at for the future, the Master Plan probably does not address that however if the system is working properly there is the ability to make a more effective use of it, diversions are policy issues that the Sanitation District will need to look at, to have a proper diversion plan there should be an efficient sewer system to divert to. With regard to the rate structure the Director said the speaker made a valid point, the difficulty however is that a sewer can not be metered, there will always be some inequities as to how many persons reside in a house, etc. which is unavoidable, the attempt is to determine on average I .'N 4-24-00 I how many persons may reside in a home and the amount of usage, again, the current rate of twenty-two percent represents an acceptable industry standard for ratio of usage, the full amount of the water rate is not charged because it is understood that water is used for other purposes. The Director offered that portioning out the capital charge is basically an investment by each property owner in the overall system, commercial users are charged more because they get more value from the system as a whole, it is felt the rate is as fair and equitable as it can be of the portioning of costs. The City Manager added that it is not a true flat rate because under the existing sewer fee it is a component of the water usage, if one household uses a lot of water the rate would be higher than someone living alone who uses very little, this based on the existing twenty-two percent of the water usage, the total sewer costs are in two components, one the usage, the other the capital to rebuild the system. , I The consultant, AKM Engineers, said he believed most everything has been covered by the questions of the Council and from the public. with regard to the need for improvements to the system, said it is old, some lines go back to the 1920's, the materials used then are not like what is now used, construction methods have improved, all of which have an impact on the life of a facility, the life of pump stations, gravity sewers, force mains, etc. were considered when making recommendations for implementation in the Master Plan. He explained that the Master plan is the result of an extensive study of existing records, visitation to each pump station, looking at wet wells and dry wells if they exist, there was considerable work involved in the preparation of the Master Plan, it is felt it is technically very sound, Seal Beach is one of the very few cities that have prepared a Master Plan without being required to do so by the Sanitation District as a condition of obtaining grants, there are very few in north Orange County. With respect to the basis for the rates they were selected with consideration of the average water use by each size of water meter, with nearly four thousand five hundred sewer customers the consultant said it is nearly impossible to look at the water use of each house and assign a value, thus the meters were grouped by size, the average use looked at to assign a capital improvement charge, there are two components in that Seal Beach has an ascending water rate for a commodity charge, households using up to ten units pay only $.95 per unit, over than it increases to $1.33, by using well water there is the benefit of a cheaper water charge and that too applies to the sewer bill. Councilman Boyd commended the consultant on the preparation of the Master Plan, and pointed out that the study looked at the entire system and specifies what will be needed for the next ten years, the intent to move forward with these improvements is the result of the Master Plan identified needs, not the recent sewer breaks, the Seal Beach Boulevard forcemain specifically addressed. I Boyd moved, second by Doane, to receive and file the Sewer System Master Plan. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried Mayor Yost commended the staff for pursuing the Master Plan to address issues on a pro-active basis rather than through crisis. The City Manager too made mention of the City's 4-24-00 , aging sewer system, the need is critical, and there is need to take action now, the only means of funding these projects is through a public financing device as the City does. not have funds available now or in the foreseeable future. He reported that a number of financing alternatives have been evaluated and in doing so the issuance of certificates of participation appears to be the most appropriate means, this is presently the most prevalent financing in California to fund capital projects, provides long term financing pursuant to an installment sale agreement and allows the public to purchase in $5,000 increments participation in a stream'of lease payments relating to the acquisition or construction of specific facilities, which in the case of Seal Beach this would be sewer lines, pump stations and related equipment, the City will appropriate payments from a specifically designated fund, the payments composed of both principal and interest, the future right to receive the payments is sold to investors in individual portions and the proceeds of that sale are available to the City to pay for the capital improvements. Since the installment payments include an interest component, the repayment to the investors of the interest portion is tax exempt income, because the investor does not need to pay State or federal income tax on the interest it receives, the interest rates attributable to the interest component of the installment payments and payable by the City is significantly lower than the interest rates for conventional financing. If after the second public hearing and authorization by Council, the City will purchase the financed capital improvements from the newly created Seal Beach Public Financing Authority, the Authority will then assign its interests in the installment sale agreement, which includes its right to receive installment payments from the City, the trustee bank will then execute and deliver the certificates of participation that will then be sold to investors, by competitive sale, and the proceeds of the sale will be deposited with the trustee bank for investment and disbursement for construction costs at the direction of the City, the City will then make semi-annual installment payments for the project directly to the trustee bank, and the trustee bank will make debt service payments to the investors. The Manager stated that since certificate of participation financing is based upon the structure of a sale, a seller or conduit entity must be identified, in California the most common entity is a joint powers authority, that is why the recommendation to the Agency and Council will be to establish the Authority at the next meeting, this is preferable because the new public entity maintenance is annually minimal as compared to a non-profit corporation or more complex device, the City Council will sit as the board of directors of the Authority. The recommendation is that the Redevelopment Agency, the Public Financing Authority and the City Council take the actions necessary to issue the certificates of participation. Councilman Boyd asked if other financing alternatives were looked at, the State Revolving Fund, a competitive low interest loan, an infrastructure bank loan. The response of the Manager was that other means were looked at, there were some timing problems, that program is not entirely in place as yet and uncertainty as to whether that would work. I I I The City Attorney read the title of Ordinance Number 1460 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 19C-3 OF THE CODE OF THE CITY OF SEAL BEACH REGARDING MONTHLY SEWER CHARGES." By unanimous consent, full reading of Ordinance Number 1460 was waived. "...- 4-24-00 I COUNCIL COMMENTS Councilmember Campbell expressed appreciation to the Neighborhood Association, the Girl Scouts, the Easter Bunny, the Recreation Department, and all others for their efforts towards the Bunny Bash this past Saturday in College Park East, a great time and a great success. Councilman Boyd stated it is time to make requests of the State legislature, the groin/seawall is in need of repair, a request for funds will be made for that, funding also for the tide wall project along Seal way and a pump station in that area. Councilman Snow confirmed that he would still be present on May 8th. Mayor Yost asked if a funding request would also be made to the State for a sound wall around the tennis courts in College Park East, to that the Manager said it is called a protective enclosure. Councilman Boyd asked that a list of requests be provided the Council on the next agenda so that all will know what requests are being made. Mayor Yost reported an inquiry as to the cost versus benefit of having a park on the DWP property, and said to him the big cost is if it is developed, that land, facing the ocean and the river, is then gone, if developed with residential it then becomes private property, that is why the Coastal Act was written as it is, the higher priority is visitor serving commercial which does bring more revenue to the City, but to him there is a benefit, a regional park, he is committed to seeking enough money to have that land saved, his feeling is that to have that property remain in the public domain far outweighs the potential costs to the City, particularly with regard to improving property values and quality of life. Councilmember Campbell inquired if that land has not already been sold, to that Mayor Yost stated it has not exactly, it must still go through committee and the Council, it needs further approvals. Councilman Boyd said he heard that the property was under contract which means it is in escrow. The Mayor said he is working through official channels to have the DWP land placed in the public domain, one of the conservancies, or a public land trust, and he will continue that effort. Mayor Yost he would be participating in a live show on melanoma on April 27th, presentations to school boards, Orange County Medical Association are planned, this public awareness campaign will be continuing. The Mayor announced that he would not be present for the May 8th meeting as he will be attending a medical conference on behalf of his profession. ~ I I CLOSED SESSION The City Attorney announced that the Council would be meeting in Closed Session pursuant to Government Code Section 54956.8 for a conference with the City's real property negotiator relating to Ruby's Restaurant. By unanimous consent, the Council adjourned to Closed Session at 9:3l p.m. and reconvened at 9:44 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported the Council had discussed the item identified on the agenda, no action was taken. ADJOURNMENT It was the order of the Chair, to adjourn the meeting at 9:44 consent of the Council, clerk 4-24-00 / 5-8-00 Attest: tt:: Approved: I Seal Beach, California May 8, 2000 The City Council of the City of Seal Beach met jointly with the Seal Beach Redevelopment Agency in regular and regular adjourned session at 7:00 p.m. with Mayor ProTem Doane calling the meeting to order. ROLL CALL Present: - COUNCIL Mayor ProTem Doane Councilmembers Boyd, Campbell, Snow Absent: Mayor Yost Doane moved, second by Boyd, to excuse the absence of Mayor Yost from this meeting. AYES: NOES: ABSENT: Boyd, Campbell, Doane, Snow None Yost Motion carried I ROLL CALL Present: - AGENCY Chairman Campbell Agencymembers Boyd, Doane, Snow Absent: Agencymember Yost Also present: Mr. Till, City Manager/Executive Director Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Captain Maiten, Police Department Ms. Beard, Director of Recreation and Parks Ms. Arends-King, Director of Administrative Services Ms. Yeo, City Clerk At the request of the Mayor ProTem, the City Attorney explained that typically the Redevelopment Agency meets at 6:45 and the City Council meets at 7:00 p.m., this evening those bodies are meeting jointly and to be joined later in the meeting by a third body, the Seal Beach Public Financing Authority as there are actions that will be required of the Agency and the newly formed Authority. I APPROVAL OF AGENDA Councilmember Campbell requested that Items "F, G, H, and J"