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HomeMy WebLinkAboutCC Min 1987-06-29 6-23-87 / 6-29-87 erk of the I Approved: ~ e ~t a-~ ~ J ~ ~.., .-c-:-/ Mayd . Attest: Seal Beach, California June 29, 1987 The City Council adjourned session meeting to order. Flag. ROLL CALL Present: of the City of Seal Beach met in regular at 6:33 p.m. with Mayor Wilson calling the Councilman Grgas led the Salute to the Mayor Wilson Councilmembers Clift, Grgas, Hunt, Risner I Absent: None Also present: Mr. Nelson, City Manager Mr. Joseph, Assistant City Manager Mr. Thomas, Finance Director Mr. Knight, Director of Development Services Acting Chief Stearns, Police Department Mr. Osteen, Recreation Director Mr. Jue, Assistant City Engineer Chief Dorsey, Lifeguard Department Mrs. Yeo, City Clerk WAIVER OF FULL READING Clift moved, second by Hunt, to waive the r~ading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I AGENDA AMENDED Risner moved, second by Clift, to amend the agenda to consider the agreement for the senior meals program, the existing agreement due to expire June 30, 1987. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried AGREEMENT - SENIOR MEALS PROGRAM Risner moved, second by Clift, to approve the Agreement with Senior Meals and Services, Inc. for continuation of the Senior Meals Program for the period July I, 1987 through June 30, 1989, and authorize the City Manager to execute the Agreement on behalf of the City. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried 6-29-87 CONTINUED BUDGET WORKSHOP / PUBLIC HEARING Mayor Wilson declared the continued public hearing on the proposed 1987/88 fiscal year budget open. Ms. Marcie Palmitier, IllS Ocean Avenue, addressed the Council on behalf of the Friends of the Seal Beach Animal Care Center, commended the Council for their efforts to resolve the many budget issues, and further commended the efforts of the two animal control officers that have served the City for more than five years. Noting the proposal to reduce animal control personnel to 1.5"positions and possibly contract for I services with the County, Ms. Palmitier urged the Council to reconsider such action, however stated that should such actions be absolutely necessary, she could foresee an even greater need for a professional animal care center in the community. Ms. Palmitier reported fhat the Friends have raised sufficient funds to build the shelter, pave a parking lot, provide landscaping, etc., as well as operating funds for the first year, and stated that the only issue remaining unresolved in order to commence construction is the City's commitment to fund the street extension, curbs and gutters, and gas line connection. Ms. palmitier continued, pointing out that for the $10,600 investment, the City would realize a permanent, professional shelter with a worth of at least $88,000, staffed by volunteers, including veterinary services, and likewise realize a return from additional fees for animal services. There being no further public comments, Mayor Wilson declared the public hearing closed. After some discussion, Grgas moved, second by Hunt, to approve the expenditure of $10,600 for capital improvements for street, sidewalks and gutter improvements to Regency Drive and utility connections relating to the proposed animal care center. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I Risner moved, second by Grgas, to approve animal control staffing of 1.5 persons as recommended by staff and to approve the Animal Care Center as proposed by the Friends. Councilman Hunt indicated his preference for contracting with the County for animal care services. The City Manager clarified that the saving realized by reducing animal control personnel by .5 would be approximately $5,000 in overtime costs and $15,000 in personnel costs. Council noted that the cost for animal services would also be offset by the amount of license fees collected. AYES: NOES: Clift, Grgas, Risner, Wilson Hunt Motion carried The City Manager reviewed his memorandum dated June 26th with recommendations for Council consideration. Mr. Nelson proposed a bi-monthly refuse collection increase of $2.00 which, if not enacted, would reduce the General Fund by $100,000, that beach parking fees be increased by $1.00, consistent with other beach cities, to $4.00 year-round affecting a $50,000 increase of General Fund available revenue, that a street sweeping fee of $.50 per month be I implemented, excluding Surfside and Leisure World, and a tree trimming fee of $.50 per month, each generating approximately $30,000 annually towards the cost of those services, and that the Transient Occupancy Tax be increased by two percent to nine percent which would generate approximately $32,900, the Council to determine if $10,000 of that amount should be allocated to community promotion. He added that the staff will reevaluate whether the street sweeping and tree trimming fee should be imposed per water 6-29-87 I meter or on the dwelling unit. Mr. Nelson reported the current authorized Police Department sworn personnel is thirty-nine, and stated he felt that the appropriate manning should be forty-four sworn positions, which should be a goal over the next three years. He noted that during 1986/87 one vacant Police Officer position and one new authorized position had been filled, raising available staff by two positions. Mr. Nelson proposed the addition of one new police officer position at a cost of $45,000, reduce overtime by $12,500, delete the Animal Control Officer II position, $31,600, add a part-time ACO for approximately $10,000, and add a full-time Court Liaison/Community Relations position, $31,600, the net effect being the increase of sworn positions available by two, at a net cost of $42,500. The City Manager also recommended that the scope of the improvement project for the 300 block of Main Street be reduced to major repairs only, delaying the overlay, $ls,ooO, that the General Fund Property and Equipment Revolving Fund be reinstated to allow funding and a cost accounting approach to replacement of vehicles and equipment, and that the Council adopt a policy for 1987/88 only, that all rents received from the pier restaurant in excess of the $38,000 minimum rent be placed in a Pier/Groin Repair and Replacement account, which would also make available funds for sand replenishment after the groin is extended. Mr. Nelson requested that the Council establish a workshop to discuss Capital Improvement needs and explore funding alternatives for same. Mr. Nelson reported that the staff has reanalyzed the projected property tax revenue and have increased the projection by 1.7 percent for a net revenue increase of $35,000. I Risner moved, second by Hunt, to approve the City Manager's recommendation to increase the refuse collection fee. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried With regard to beach parking lot fees, the Acting Police Chief clarified that the proposed fee is for automobiles only, and would not apply to motor homes and trailers. Hunt moved, second by Clift, to approve the flat rate fee for beach parking lots of $4.00. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Councilmember Risner moved to approve a street sweeping fee of $.50 per month, and that the staff consider imposing the fee by dwelling unit rather than by water meter. Councilman Hunt seconded the motion. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Risner moved, second by Hunt, to approve a tree trimming fee of $.50 per month, subject to the same conditions as stated in the prior motion. I AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried With regard to the proposed increase of the Transient Occupancy Tax, Councilman Hunt stated he had hoped $10,000 of the increased TOT could be transferred to those who are responsible for community promotion, as had been requested by the Chamber of Commerce, however with some means to monitor the use and distribution of those funds, and from 6-29-87 the balance of the increase, an amount could be placed in the contingency fund for special events to relieve the General Fund of that activity. The City Manager stated his understanding that the $32,900 increase would offset the increased cost of a police officer. Hunt moved, second by Risner, to increase the Transient Occupancy Tax from seven to nine percent. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I Risner moved, second by Grgas, to increase the number of authorized sworn police positions as recommended by the City Manager. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Grgas moved, second by Risner, to appropriate $10,000 of the revenue generated through the increase of the Transient Occupancy Tax to community promotion, as requested by the Seal Beach Chapter of the Long Beach Chamber of Commerce, subject to approval of a specific contract for services and statement of goals to be achieved. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Risner moved, second by Grgas, to reduce the scope of improvements to the 300 block of Main Street to major repairs only, thus delaying the overlay. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I Councilmember Risner reviewed her memorandum of June 29th setting forth the objective of adding a second police officer and a Maintenance Worker I position in the Public Works Department with duties specific to tree trimming, and provide funding for miscellaneous expenditures. Councilmember Risner moved to approve the property tax revenue projection increase of 1.7 percent, $35,000, the addition of $6500 for providing court liaison services to the City of Los Alamitos not reflected in the budget, reflect the $16,000 revenue for Police Officers Standard Training reimbursement, and $12,500 reduction of overtime costs with the addition of another police officer, for a total of $70,000 increased revenues and reduced expenditures. Councilman Clift seconded the motion. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Councilmember Risner asked for consideration of authorizing the expenditure of $45,000 for one additional police officer with a deferred hiring date of two to three months, $12,000 for one Public Works position to perform tree trimming and park maintenance, $6500 for clean-up of Gum Grove Park, and $6500 set-aside for groin repair. Councilman Clift I expressed his concern with the condition of the groin which, if not repaired, could effect the condition of the pier as well as the new restaurant, and suggested with a deferred hiring date, $25,000 could be allocated to the police officer position with the remainder directed towards repair of the groin. Councilman Grgas also conveyed his concern with the condition of the groin and urged that the Council move towards its repair as a first step, suggesting that the proposal to re-establish the Property and Equipment 6-29-87 I Revolving Fund be deferred for a year and that those funds be allocated to a Groin Repair/Replacement Fund, in addition to the $6500 proposed by Mrs. Risner for groin repair, and then look toward additional revenue or a General Obligation Bond for further funding next year. He stated it would be his goal to establish a three year deadline to accomplish the groin repair which would require an approximate $50,000 allocation per year. Councilman Hunt stated he did not feel any of the additional revenue as proposed by Councilmember Risner should be allocated until all budget matters had been considered, expressed his support for establishing a Groin Repair Fund, however stated he felt that the source and amount of those funds should be a matter of consideration after adoption of the budget. Councilman Grgas stated that in projecting the positive cash flow that will be forthcoming from the pier restaurant, he had previously and would again support a loan to repair the groin. In response to Council, the City Manager noted that the City has been without a Property and Equipment Fund for some years, which he stated he did not support, and with regard to a loan for the groin repair he stated that although that would be a possibility, his preference would be to establish a separate fund for flexibility purposes. Councilman Grgas moved to approve the expenditure of $45,000 for an additional police officer, $12,OOO, in addition to the $13,640 generated from the Tree Trimming Fee, to fund one Maintenance Worker I position in the Public Works Department to perform tree trimming and park maintenance duties, $6500 for Gum Grove Park cleanup, $6500 for the Groin Repair Fund, and that establishment of the Property and Equipment Fund be deferred for one year with the $30,830 reallocated to the Groin Repair/Replacement Fund. Councilmember Risner seconded the motion. I After considerable discussion, Councilman Hunt asked if it would be acceptable to redirect $10,000 from the Property and Equipment Fund to a Groin Repair Fund, as well as the first $30,000 over the $38,000 minimum rent from the pier restaurant. With consent of the second, Councilman Grgas amended his motion in accordance with Mr. Hunt's suggestion. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried With the approved amended motion, Councilmember Risner noted that the $6500 she had proposed for the groin repair would then revert to Gum Grove Park clean-up and improvements for a total of $13,000. I By unanimous consent, the Council declared a recess at 7:55 p.m., and reconvened at 8:08 p.m. with Mayor Wilson calling the meeting to order. The City Manager reported the original budget anticipated an eight percent increase of the basic commodity water rate, this proposed in order to maintain the contingency reserve at no less than ten percent, however noted there had been a loan from the Water Fund to the General Fund for capital improvement purposes which was then funded otherwise, therefore the unused $60,000 loan then reduces the needed increase from 8 percent to 4.1 percent, also that there are alternatives to adjust some of the methods of levying those fees. Mr. Nelson noted that Councilmembers Hunt and Risner have done considerable work on the water funds and fees, noting that one suggestion would be to maintain the existing minimum fee of $6.79, however reduce the present seven hundred cubic foot minimum to five hundred, which could 6-29-87 possibly result in reducing a rate increase to 3.75 percent. Councilmember Risner reviewed her evaluation and recommendations for adjustment of water charges, specifically noting a proposed initial reduction of the minimum usage by one hundred cubic feet to six hundred rather than five hundred, where that amount of reduction could adversely impact many homeowners, retain the minimum charge of $6.79 for all meter sizes, that a readiness to serve charge be added, $.97 for meters of 5/8 inch through one inch, that charge increased thereafter relative to the meter size, implement a turn-on charge, that large water users be billed monthly, and that the staff report back as to the advantages and disadvantages of monthly billings city-wide. Councilman Hunt stated the proposals being made to adjust the water rate system are but variations of suggestions made over a period of time, and spoke in support of the proposals expressed by Mrs. Risner, suggesting that after staff evaluation and if the proposals are not deemed to be workable, then the City Manager's recommendation should be considered, specifically noting that if a monthly billing is not considered cost effective for the average water user, possibly a monthly billing could be initiated for users over a specific amount. I Risner moved, second by Grgas, to refer the Council's proposals with regard to water rates to staff for evaluation, with a report back to Council regarding the feasibility of implementing this type of program, said report to be forthcoming in time to implement fees and adjusted rates by October lst. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Hunt moved, second by Wilson, to establish a Council workshop sometime after the month of September to consider the proposed Capital Improvement Program. I AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried RESOLUTION NUMBER 3701 - APPROPRIATIONS LIMIT - 1987/88 Resolution Number 3701 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1987/88 AS REQUIRED BY ARTICLE XIIIB OF THE STATE CONSTITUTION MORE COMMONLY KNOWN AS PROPOSITION 4, THE GANN INITIATIVE.n By unanimous consent, full reading of Resolution Number 3701 was waived. Clift moved, second by Hunt, to adopt Resolution Number 3701 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried RESOLUTION NUMBER 3702 - ADOPTING 1987/88 FISCAL YEAR BUDGET Resolution Number 3702 was presented to Council entitled RA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING A BUDGET FOR THE CITY OF SEAL BEACH FOR FISCAL YEAR 1987/88.n By unanimous consent, full reading of I Resolution Number 3702 was waived. The City Manager stated that a follow-up Resolution would be presented to Council at next meeting reflecting the budget changes resulting ,from this meeting. Grgas moved, second by Risner, to adopt Resolution Number 3702 as_presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried 6-29-87 I RESOLUTION NUMBER 3703 - PROVIDING ISSUANCE AND SALE - 1987 TAX AND REVENUE ANTICIPATION NOTES Resolution Number 3703 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, AMENDING AND RESTATING RESOLUTION NO. 3692 PROVIDING FOR THE ISSUANCE AND SALE OF ITS 1987 TAX AND REVENUE ANTICIPATION NOTES IN THE AMOUNT OF $1,850,000, APPROVING OFFICIAL STATEMENT, NOTE PURCHASE AGREEMENT AND PAYING AGENCY AGREEMENT, PLEDGING REVENUES AND ENTERING INTO CERTAIN TAX COVENANTS IN CONNECTION WITH SAID NOTES.n By unanimous consent, full reading of Resolution Number 3703 was waived. Clift moved, second by Grgas, to adopt Resolution Number 3703 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried CONSENT CALENDAR - ITEM nER Clift moved, second by Hunt, to approve the recommended action for items on the Consent Calendar as presented. E. Approved regular demands numbered 65389 through 65510 in the amount of $449,649.40 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. AYES: Clift, Grgas, Hunt, Risner, Wilson NOES: None Motion carried I CITY COUNCIL ITEMS Councilman Clift asked that Comcast be notified of the change of Council meeting dates, as they continue to show the second and fourth Monday. Councilmember Risner referred to a memorandum from the County of Orange, General Services Agency, relating to refuse charges, and asked if Seal Beach rates are in fact as high as indicated. The City Manager responded that contrary to the County report, Seal Beach has twice per week pick-up, therefore compared to all other cities having a once a week pick-up, the Seal Beach rate is very low. Staff also clarified that charges are based on tonnage. I STATUS REPORT - PIER RESTAURANT LEASE The City Manager reported Council had been provided with a copy of the most recent draft of the pier restaurant lease, as well as a copy of a communication from the consultant, Kotin, Regan & Mouchly, Inc., addressing the terms of the lease, and stated he has been unable to speak with the Coastal Conservancy to date, however the State Fish and Game have indicated that the lease is satisfactory to their agency. Mr. Nelson reviewed the lease changes to date as follows: page I, sections nbn and RCn, to read nleasen rather than nsubleasen, page 4, section 4.02, npeople Movern paragraph deleted, page 7, section Rgn, revised to read Rinspection by the City at the premises or at tenant's headquartersn, page 8, section 6.02, revised to read nopen to the public for business 360 calendar days...n and hours of operation in the winter established from 7:30 a.m. to 9:00 p.m., page 9, section 6.07, adding RTenant may operate a mini pick-up truck on the Pier for delivery purposes. There shall be no more than one such truck on Pier at any timen, page 16, section 13.01, amended to read ...Rinaccessible or untenantable for a six month period...n, page 18, sections 6 and 7, changed to reflect n60n days, page 19, section e, specific language to be provided regarding rights of the City to cure tenant default, and page 21, section 19, amended to read ...nthe finally 6-29-87 prevailing party...n. Mr. Nelson stated that a pier drawing, list of equipment, and excerpts from Ruby's proposal regarding the style of the restaurant and its operation and their proposed menu have been added as exhibits to the agreement. The City Manager noted that the consultant had recommended that the Council not be involved in menu selection, also questioned whether the City Council or the City Manager would have approval authority for such things as a proposed change of hours. He reported the addition of other provisions to the lease with regard to operating responsibilities, cleanliness, the City's ability to observe the operation, noteq that a provision for personal guarantee has yet to be added, and advised that the final lease will also reflect that the City will be providing three parking spaces for management use based upon the same formula used for oil company personnel. Councilman Clift voiced his concern with the Council having approval power over the operator's menu. Mr. Nelson added that Conditions of Construction have been included as an attachment to the Agreement upon the advice of the City Attorney, however paragraph 5 of same should be amended to insure that any lender is informed that there will be no subordination. Councilman Grgas asked that Sections 12.03 and 13.02 be reviewed for consistency. The City Manager requested that the Council approve the lease as presently drafted, subject to final approval by the City Attorney and receipt of written approvals from the State Fish and Game and the Coastal Conservancy. Councilmember Risner moved to approve the lease as recommended by the City Manager, with the stipulation that the inconsistencies noted by Mr. Grgas be reviewed, and that the final lease document be presented to Council for approval. Councilman Grgas seconded the motion. Discussion continued regarding City Council approval of the menu. Councilman Grgas pointed out that the Council and members of the community had expressed their desire for a reasonably priced menu, also for a menu somewhat expanded from that presented in the Ruby's proposal, however consistent with the restaurant concept that the Council has adopted, stating that although he did not feel the Council should be involved in approving the menu, the desire of the Council and the citizens should be made clear for the term of the lease. Mayor Wilson noted comments from her constituents who expressed the desire for a dinnerhouse at the pier location, however stated she felt that the menu should be left to the discretion of the operator. The City Manager suggested that the menu sheets attached as an exhibit to the lease be excluded unless it is the desire of the Council to have approval authority of any menu change. Councilman Grgas pointed out Section 6.01 of the lease refers to the menu as Exhibit nDn which should be amended to reflect Exhibit nCn, and noted Ruby's reference to nspecializing in reasonably priced quality food", therefore suggested that the menu remain as an exhibit however it should be noted for the ~ecord that changes to the menu would not require Council approval as long as such changes are reasonably priced and in accordance with their proposal. Vote on the motion to approve the lease document as recommended by the City Manager with the specific conditions of Council: AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried The City Manager asked for Council's preference of the name nRuby's Dinern or nRuby's Jewel Cafen. Council indicated their preference for nRuby's Jewel Cafen. I I I 6-29-87 / 7-6-87 The City Manager advised that the proposed Seal Beach Sportfishing stock transfer item will most likely be on the July 6th Council agenda, and he would provide the Council with a copy of Mr. Francis Phalen's resume' prior to that time. ORAL COMMUNICATIONS There were no Oral Communications. I CLOSED SESSION The City Council did not meet in Closed Session. ADJOURNMENT Grgas moved, second by Wilson, to adjourn the meeting at 9:01 p.m. AYES: Clift, Grgas, Hunt, Risner, Wilson NOES: None Motion carried Approved: -~....) '-f ~~ ./ , ~yor Attest: I Seal Beach, California July 6, 1987 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Wilson calling the meeting to order. Councilmember Risner led the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Clift, Grgas, Hunt, Risner Absent: None I Also present: Mr. Nelson, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Thomas, Finance Director Mr. Knight, Director of Development Services Mr. Hemphill, Director of Public Works/ City Engineer Mrs. Yeo, City Clerk WAIVER OF FULL READING Clift moved, second by Grgas, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried