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