The URL can be used to link to this page

Home My WebLink AboutCC Min 2007-05-14 Seal Beach, California May 14, 2007 The City Council of the City of Seal Beach met in adjourned session with Mayor Larson calling the meeting to order in the City Hall Conference Room at 6:30 p.m. I ROLL CALL Present: Mayor Larson Councilmembers Antos, Levitt, Shanks, Ybaben Also present: Mr. Beaubien, Interim City Manager Mr. Barrow, City Attorney Mrs. Devine, City Clerk Mayor Larson stated that this would be the time for members of the public to comment on the items identified on the agenda, there were no speakers. The City Attorney announced that pursuant to the Brown Act the Council would meet in closed session with regards to anticipated litigation according to Government Code Section 54956.9(b) and Section 54956.9(c). CLOSED SESSION The Council recessed to Closed Session at 6:31 p.m. and reconvened at 6:50 p.m. the City Attorney reported that the Council gave direction to their legal counsel and no other reportable action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 6:51 p.m. ~~ hf1u;/ ity Clerk City of Seal Beach Approved: _ b.w \ ",AI7SM Mayor Attest: ~ hU~ City Clerk I Page 2 - City Council 05-14-07 Seal Beach, California May 14, 2007 The City Council of the City of Seal Beach met at 7:03 p.m. with Mayor Larson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Larson Councilmembers Antos, Levitt, Shanks, Ybaben I Also present: Mr. Beaubien, Interim City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Vukojevic, Director of Public Works/City Engineer Mr. Evanoff, Director of Administrative Services Chief Kirkpatrick, Police Department Captain Bailey, Lifeguards Mr. Crumby, Deputy City Engineer Mrs. Devine, City Clerk APPROVAL OF AGENDA Councilman Antos requested to remove item uP' for separate consideration. Ybaben moved, second by Antos, to approve the agenda as amended. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried PRESENTATIONS/PROCLAMATION Mayor Larson announced the proclamations and Mayor Pro Tern Ybaben presented them as follows: Proclamation for Melanoma Awareness Month - May 2007 Dr. Kim James Charney, Director of Melanoma Program at St. Joseph's Hospital - slide presentation Proclamation for Watershed Awareness Month - May 2007 Director of Public Works was present Proclamation for National Beach Safety Week - May 21-28, 2007 Lifeguard Captain Bailey was present Proclamation for National Public Works' Week - May 20-26, 2007 Director of Public Works was present - video presentation I Mayor Larson introduced Chief Kirkpatrick who presented the following certificates of recognition: -2007 Police Department Employees of the Year- Officer of the Year - Sergeant Steven C. Bowles Reserve Office of the Year - Officer Gary P. Korngold Civilian Employee of the Year - Community Services Officer-l Kevin L. Edwards Volunteer of the Year - George C. Segerstrom "Top Gun" Award - Officer Eric Tittle Not present: West County Communications Dispatcher of the Year - Lead Dispatcher Katherine L. Moen I ORAL COMMUNICATION Mayor Larson declared Oral Communications to be open. Tania Davies, Massage Envy, spoke regarding Ordinance #1558 and proposed changes; Maribel Larios, Feedback Foundation formerly Senior Meals & Services, announced their merger; Carol Warren, Massage Envy regional developer, supports Davies position; Rita Brenner, 1 st Street, recognized the passing of long time resident Reva Olson. There were no other speakers; Mayor Larson declared Oral Communications closed. Page - 3 City Council 05-14-07 CITY ATTQRNEY REPORT No report given. CITY MANAGER REPORT The City Manager reported that the City pier deck replacement will start on Monday, May 21 st with work being done at night and it will take about 4 to 6 weeks to complete - the wood was being shipped here from Africa. He also indicated that this would be his last meeting and thanked the City Council for his time working for the City. I COUNCIL COMMENTS Councilman Antos announced that the meeting will be adjourned in the memory of Reva Olson. All the Councilmembers complimented and thanked the interim City Manager, Mr. Greg Beaubien, for his services and wished him the best. COUNCIL ITEM No items presented at this time. CONSENT CALENDAR - ITEMS "A" thru "0" Ybaben moved, second by Levitt, to approve the recommended actions for the items on the Consent Calendar as presented except for item "F" removed for separate consideration. The City Attorney noted that Councilman Levitt would abstain from item "N". A. Approved the waiver of reading in full of all resolutions and ordinances. B. Received and filed the acknowledgement of the Proclamations and Certificates of Recognition. I C. D. F. G. I Approved the minutes of Adjourned City Council meeting of April 16, 2007, Special City Council meeting of April 20, 2007, and Adjourned and Regular meeting held on April 23, 2007. Approved regular demands numbered 63781 through 64109 in the amount of $1,449,046.81; payroll demands numbered 663780, 63843 through 63898 in the amount of $208,010.88; and authorized warrants to be drawn on the Treasury for same. E. Accepted letter of resignation of Mr. Phillip O'Malley, Planning Commissioner representing District Two and declared a vacancy of the position for the unexpired term ending 2008. Removed from Consent Calendar for separate consideration. Adopted Resolution Number 5545 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN, AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR STREET LIGHTING DISTRICT NO.1." Adopted Resolution Number 5546 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO.1." Adopted Resolution Number 5547 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS Page 4 - City Council 05-14-07 WITHIN STREET LIGHTING DISTRICT NO.1, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON." H. Adopted Resolution Number 5548 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 07- 13 FOR THE PURCHASE OF TWO ATV'S TO BE SHARED BY THE POLICE AND LIFEGUARD DEPARTMENTS." I. Adopted Resolution Number 5549 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING FEDERAL CITIZEN CORPS GRANT FUNDS FOR THE PURCHASE OF A CERT TRUCK, TRAILER, AND EQUIPMENT." I J. Adopted Resolution Number 5550 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN AMENDMENT TO THE JOINT POWERS AGREEMENT FOR THE INTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY." K. Adopted Resolution Number 5551 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT NO. 50187 SEAL BEACH BOULEVARD PAVEMENT REHABILITATION AHRP (SEGMENT 4) AND SEAL BEACH BOULEVARD TRAFFIC SIGNAL INTERCONNECT PROJECT ENTERED INTO BETWEEN CITY OF SEAL BEACH AND ALL AMERICAN ASPHALT, INC." Adopted Resolution Number 5552 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR, PACIFIC GATEWAY BUSINESS CENTER, TRACT NO. 16375." L. I M. Approved Fiscal Year 2007/2008 budget of the West Orange County Water Board (WOCWB) - total proposed budget $294,654 plus reserve leaves a total net funding short by $285,154 the City of Seal Beach's portion of the shortfall is 14.3% or $40,777. N. Adopted Resolution Number 5553 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING AND APPROVING PARCEL MAP NO. 2006-160 FOR CONDOMINIUM PURPOSES ALSO KNOW AS 132 - 13TH STREET." (Councilman Levitt abstained) O. Adopted Resolution Number 5554 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING LOT LINE ADJUSTMENT NO. LL 07-01 FOR PARCEL 1 AND PARCEL 2, ALSO KNqWN AS 122 & 118 - 11TH STREET." AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM Up' / ORDINANCE NUMBER 1558 / AMEND TITLE 5 / MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS The Interim City Manager explained that the ordinance before the City Council is presented as the second reading and adoption: the first reading and introduction was done at the previous meeting; only minor non-substantive changes can be Page - 5 City Council 05-14-07 I made at this time; and to consider any proposed changes brought up during oral communications would require Council to re-introduce the ordinance at their next meeting. The Interim City Manager indicated that the information presented was brought to City Hall on Friday afternoon May 11 th and staff has not had enough time to review the information to give any recommendation to the Council. The City Attorney has incorporated some clarification language to the second reading - this would be considered a minor change. It is the recommendation of staff to add the minor changes to the second reading and adoption of Ordinance 1558 and direct staff to review and report on the other proposed changes to determine whether or not they should be added to the ordinance. Council does have the option to introduce the other proposed changes at this meeting and then have second reading and adoption at the next meeting - staff does not recommend this. The City Attorney stated that the City Council received copies of the two minor changes that staff is recommending: 1) Section 5.45.045.0 and 5.45.045.P - the intent was to have individual lockers for each employee the last sentence talks about separate dressing rooms - this is redundant of other sections, not required, and not necessarily consistent with the intent; 2) Section 5.45.045.V and Section 5.45.090.A - to be consistent with the intent it was clarified that the female breast can be covered by a sheet or other opaque clothing. All other proposed changes would need to be reviewed by staff, police department, and the attorney's office: showers, hours of operation, and allowing same sex couples room (example would be a mother-daughter). The Mayor requested clarification from the City Attorney if the applicant that is proposing the changes would be allowed to operate without providing showers: the City Attorney stated that the applicant would be under the current code and therefore would not have to have showers on the premises. The City Attorney further stated that Ordinance 1558 as it is currently written would require a site plan that would need to show where the showers would be located. I Antos moved, second by Larson, to approve the second reading and adoption of Ordinance Number 1558 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING TITLE 5 OF THE SEAL BEACH MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS." with the added non-substantive clarification language and direct staff, police department, and the attorney's office to review the proposed changes submitted. Councilman Ybaben inquired that the police chief do a site survey of the other franchise establishments (Massage Envy in Costa Mesa, Huntington Beach, and Aliso Viejo). The police chief indicated that a full background investigation still needs to be done at this time and that he will review the proposed changes. The City Attorney read the title for the record. By unanimous consent, full reading of Ordinance Number 1558 was waived. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried PUBLIC HEARING There were none scheduled at this time. I NEW BUSINESS ITEM "P" / RESOLUTION NUMBER 5555 / SYNOPTEK. INC. AGREEMENT AND RESOLUTION NUMBER 5556/ BUDGET AMENDMENT NUMBER 07-12 The Director of Administrative Services detailed the process in the selection of the award of contract for the information technology support services: Six firms responded to the RFP and job walk; panel interviewed all six firms; then a site visit was conducted for the top three firms; resulting in the selection. The Director clarified that the system, equipment, and software are currently working with no major problems and this agreement is only replacing the service provider from Quecore to Synoptek, Inc. The City needs have increased and therefore a need to have a provider with broader services is required. Shanks moved, second by Ybaben, to adopt Resolution Number 5555 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE Page 6 - City Council 05-14-07 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SEAL BEACH AND SYNOPTEK, INC. FOR COMPREHENSIVE INFORMATION TECHNOLOGY SUPPORT SERVICES." and adopt Resolution Number 5556 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 07-12 FOR NON-DEPARTMENTAL CONTRACT PROFESSIONAL SERVICES." By unanimous consent, full reading of Resolution Number 5555 and Resolution Number 5556 was waived. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried I ITEM "Q" / ORDINANCE NUMBER 1559/ CALIFORNIA HEALTH AND SAFETY CODE SECTION 33342.7/ COMPLY WITH SENATE BILL 53 The Director of Development Services explained that the California legislator passed Senate Bill 53 relating to Health & Safety Code section 33342.7 requiring all cities that adopted redevelopment plans prior to January 2007 to adopt an ordinance that describes the agency's program to acquire property by eminent domain. The intent of the drafter of the statute is unclear and it appears that even those cities like Seal Beach that do not have the power/right of eminent domain need to adopt an ordinance by July 2007. Shanks moved, second by Antos, to introduce the first reading of Ordinance Number 1559 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTED TO COMPLY WITH CALIFORNIA HEALTH AND SAFETY CODE SECTION 33342.7." The City Attorney read the title for the record and indicated that the second reading and adoption would be on the Consent Calendar of the June 25, 2007 Council agenda. By unanimous consent, full reading of Ordinance Number 1559 was waived. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried I ITEM "R" / CITY COMMENT LETTER / PROPOSED ORANGE COUNTY WATER DISTRICT ANNEXATIONS The Director of Public Works/City Engineer reported that staff recommends that the City Council send a letter to the OC Water District board concerning the future of the District's annexations. The Water District was set up in 1933 in order to manage all of the groundwater in the Orange County basin (approximately 350 square miles). Orange County agencies have recently petitioned the OCWD to annex into the District - the result would be a decrease of water well pumping production available to the existing members. The Director stated that a letter is before the Council that states that any future annexations should pay cost mitigations to be able to buy into this system (a higher rate) without the existing agencies cost not to increase. Councilman Levitt commented that the wise thing to do is keep the existing District small. The Director said that the reason this is being brought to Council is that the by-laws of OCWD states that annexation is permissible. The Interim City Manager added that staff has recommended one option to neutralize the annexation to have the new agencies pay a higher rate and Council can provide another option that the annexation not be approved. The Director clarified that the agencies wanting to annex are not directly over the basin but are within the tributary area; that the OCWD board (7 members) will be making the final decision - Philip Anthony is the representative for Seal Beach. The Mayor indicated that the Director needs to send a letter to stop any and all annexations unless it can show that it will not in any way harm the current members of the District. Shanks moved, second by Larson, to direct staff to draft a letter in opposition to all annexations to the Orange County Water District and receive and file the staff report. I AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried Page - 7 City Council 05-14-07 ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting at 8:17 p.m. to Monday, June 11, 2007, at 5:30 p.m. to meet for the Budget Workshop. I At the request of Councilman Antos the meeting was adjourned in the memory of Reva Olson, long time resident and community activist of the City. ~ifa ~/JI}U~/ Ity ler City of Seal Beach Approved: .c-~/M~Wl Mayor Attest: ~~~ ~[1~ City Clerk Seal Beach, California May 28, 2007 I The regularly scheduled meeting of the City Council for this date was canceled by action of City Council on December 11, 2006. ~~J ~I ity Clerk and ex-officio clerk Of the City of Seal Beach I