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HomeMy WebLinkAboutCC Min 2005-11-14 Seal Beach, California November 14, 2005 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Antos calling the meeting to order in the City Hall Conference Room. I ROLL CALL Present: Mayor Antos Council/Agency Members Larson, Levitt, Ybaben, Yost Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mrs. Devine, City Clerk Also present: Mayor Antos 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 pursuant to Government Code Section 54956.8 to confer with real property negotiators to consider increase of just compensation for acquisition of real property interests at APN 7242-012-003 for expansion of the West End Pump Station (Project No. 50050) and Government Code Section 54956.9(b) confer with legal counsel on advice based on existing facts and circumstances with significant exposure to litigation against the City. The City Attorney also announced that Councilman Yost will recuse himself during the discussion and any decisions made regarding item "A" and that Mayor Antos will recuse himself during the discussion and any decisions made with regard to item "B" on the Closed Session agenda. I CLOSED SESSION The Council recessed to Closed Session at 6:31 p.m. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 6:57 p.m. The City Attorney reported the actions taken by the City Council in Closed Session at the 7:00 p.m. regular meeting held in the Council Chambers. ~"~ j4J,-", ity Clerk and ex-officio clerk of the City of Seal Beach Approved: d.~ ~E Mayor' I Atte,' ~j, h~';( City lerR 11-14-05 Seal Beach, California November 14, 2005 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Antos calling the meeting to orderwith the Salute to the Flag. The City Attorney announced that the City Council met in closed session with regards to agenda item "A" conference with real property negotiators, G.C. 54956.8 - Councilman Yost recused himself from discussion and any decisions I made - Council approved increasing compensation for acquisition of real property interests at APN 7242-012-003 for expansion of the West End Pump Station - project 50050 - vote 4-0-1 (Yost abstained); and Mayor Antos recused himself from discussion of agenda item "B" conference with legal counsel, anticipated litigation, G.C. 54956.9(b) - no reportable action taken. ROLL CALL Present: Mayor Antos Council Members Larson, Levitt, Ybaben, Yost Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Vukojevic, Director of Public Works Chief Kirkpatrick, Police Department Mr. Crumby, Deputy City Engineer Ms. Yotsuya, Assistant City Manager Mr. DaSilva, Associate Engineer Ms. Roberts, Deputy City Clerk Mrs. Devine, City Clerk I APPROVAL OF AGENDA Councilman Yost removed item "H" and Councilman Ybaben removed item "T" from the consent calendar for separate consideration. Yost moved, second by Ybaben, to approve the order of the agenda as amended. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PRESENTATIONS / PROCLAMATIONS PRESENTATION / "SEAL BEACH" Ms. Laura Alioto presented her book titled "Seal Beach" a collection of pictures of Seal Beach in the past to Mayor Antos. FOUNDER'S DAY / COMMITTEE REPORT Mrs. Carla Watson, committee chairman and Park and Recreation Commissioner, thanked everyone for their contribution to a very successful event. Mr. Jim Derry, committee member and Park and Recreation Commissioner, gave a brief presentation highlighting the events, financial break- down of income and expenses, announced that the event raised $35,600 for the City's Recreation Department, presenting a check to the Assistant City Manager, I and the dinner/dance raised $14,517 for victims of hurricane Katrina and presented a check to a Red Cross representative. The committee reserved $5,000 for start-up funds for the 100th Birthday Celebration for the City of Seal Beach. STORMWATER PROGRAM / UPDATE The Associate City Engineer gave a presentation updating the City Council on what the staff is doing to meet the requirements of the Clean Water Act (National Pollutant Discharge Elimination System - NPDES). 11-14-05 I ORAL COMMUNICATION Mayor Antos declared Oral Communications open. Mr. Dave Southern, OC Human Relations Council, presented the City Council with their annual report, highlighting their successes in building bridges of understanding with schools, communities, and police departments. Mr. Pat Kearn, 15th Street, stated his concerns over the parking problems. Ms. Carol Franz, Leisure World, expressed her complaint about her council representative in District Five and his involvement in the Mutual Corporation Board. Mr. Bill Ayres, Seal Beach, said that he was on the parking committee, there has never been any resolution to the parking problem, and the visitor parking permits are being misused. Ms. Mitzi Morton, Seal Beach, complimented the city staff for their work on 13th Street. Mr. Jay Vanderdreven, Crestview, questioned what will happen to the land between the homes on the Hill and the new development at Heron Point. Mr. Bob Wilson, Orange County Development Department, requested item "K" be continued so they can have more time to study the increase in sewer rates for Sunset Aquatic Park. Mr. Stan Anderson, Seal Beach Chamber representative, reminded everyone that the Holiday parade will Friday, December 2nd from 7:00 p.m. to 9:00 p.m. and that Breakfast with Santa will be December 17th at the Mary Wilson Library. Mr. Sherman Gardner, partner with Sunset Aquatic Park, was present to ask council to give them more time before voting on the increase of sewer rates at Sunset Aquatic Park and stated he does not believe he was given enough notice. Ms. Joyce Parque, Seal Beach, stated she does not believe the City should pay for the sewer cost at Sunset Aquatic Park and the county should be responsible for their services and made comments regarding the Zoeter school property and trailer park matters. Mr. Glenn Thorpe, resident and manager of Sunset Aquatic Park, told council that the park is safe and the facilities are used by the surrounding community. Mr. Rich Adler, OC Development Department, restated his arguments about the increase to Sunset Aquatic Park and would like this item be postponed so they can feel good about the process and have all their questions answered. Mr. Edmund Loritz, Leisure World, made comments about his concern over the impact the Boeing development would have on Mutual #2 in Leisure World and his disappointment in his council representative. Mr. John Kittlaus, Seal Beach, was present to find out what will be done to the surface of the pier. Ms. Sue Corbin, Seal Beach, stated her concerns over Leisure World council representatives, tennis center, and sewer problems. There being no other speakers, Mayor Antos declared Oral Communications closed. I With no objection, Mayor Antos declared a recess at 8:20 p.m. and reconvened the meeting at 8:30 p.m. CITY ATTORNEY REPORT No report. CITY MANAGER REPORT No report. I COUNCIL COMMENTS Councilman Levitt stated that there are no conflicts with him representing District Five and being on the Leisure World Mutual Board. Councilman Yost requested staff to give council an update on the property by Heron Point and stated that there does not seem to be a solution to the parking problem in Old Town. Mayor Antos requested staff to work with the merchants on Main Street as to how they can clean the sidewalks in front of their businesses, have an update on the PCH bike trail, and what is the status report on the in-lieu parking program and the liquor licesenses. CONSENT CALENDAR - ITEMS "D" thru "T" Yost moved, second by Larson, to approve the recommended action for items on the Consent Calendar except for items "H" and T' removed for separate consideration. 11-14-05 D. Approved the waiver of reading in full of all resolutions and ordinances and that consent to the waiver of reading shall be deemed to be given by all Council Members after the reading of the title unless specific request is made at that time for the reading of such resolutions and ordinances. E. Approved regular demands numbered 54578 through 54974 in the amount of $1,416,728.05; payroll demands numbered 54718 through 54771, in the amount of $194,305.89 and number 54975 through 55030 in the amount of $199,054.83, and authorized warrants to be drawn on the Treasury for same. I F. Approved minutes for City Council regular meeting held on October 24, 2005. G. Adopted Resolution Number 5390 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A RENEWAL AGREEMENT WITH MUNIFINANCIAL TO PROVIDE ADMINISTRATION SERVICES FOR VARIOUS SPECIAL DISTRICTS." (Community Facilities District No. 2002-02 (Seal Beach Boulevard/Lampson Avenue Landscape Maintenance), Surfside Colony Reassessment District No. 2000-1, and Street Lighting District No.1) By unanimous consent, full reading of Resolution Number 5390 was waived. I. Adopted Resolution Number 5391 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH FIXING THE EMPLOYER'S' CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE SEAL BEACH POLICE OFFICERS' ASSOCIATION." By unanimous consent, full reading of Resolution Number 5391 was waived. I Adopted Resolution Number 5392 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE SEAL BEACH POLICE MANAGEMENT ASSOCIATION." By unanimous consent, full reading of Resolution Number 5392 was waived. J. Adopted Resolution Number 5393 entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SETTING PRIORITIES FOR FILING WRITTEN PRIMARY ARGUMENTS REGARDING CITY MEASURES, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF SAID MEASURES." By unanimous consent, full reading of Resolution Number 5393 was waived. Adopted Resolution Number 5394 entitled " A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SEAL BEACH PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY I MEASURES SUBMITTED AT THE MARCH 28, 2006 MUNICIPAL ELECTION." . By unanimous consent, full reading of Resolution Number 5394 was waived. Adopted Resolution Number 5395 entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ORDERING THAT MEASURES AMENDING THE CITY CHARTER BE SUBMITTED TO THE VOTERS AT THE REGULAR MUNICIPAL ELECTION ON MARCH 28, 2006." By unanimous consent, full reading of Resolution Number 5395 was waived. ..." ....,;- I I 11-14-05 K. Adopted Resolution Number 5396 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH INCREASING THE FEES FOR USERS CONNECTED TO THE CITY'S SEWER SYSTEM IN SUNSET AQUATIC PARK." By unanimous consent, full reading of Resolution Number 5396 was waived. The City Attorney noted that Mayor Antos abstained from the vote. L. Approved the recommended National Pollutant Discharge Elimination System - NPDES Stormwater Program Shared Costs Budget for FY 2005/06 with the County of Orange in the amount of $5,941,160.00. M. Adopted Amendment No. 11 to the Cooperative Agreement No. C- 95-991 Master Funding Agreement between the Orange County Transportation Authority (OCTA) and the City of Seal Beach. N. Adopted Resolution Number 5404 entitled "A RESOLUTION NUNC PRO TUNC CORRECTING CLERICAL ERROR IN RESOLUTION NUMBER 5352 REGARDING IMPROVEMENTS TO THE WEST END PUMP STATION." The correction was to add the attachments in their entirety to the original resolution. By unanimous consent, full reading of Resolution Number 5404 was waived. The City Attorney noted Councilman Yost abstained from the vote. O. Adopted Resolution Number 5397 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 (PROPOSITION 50)." By unanimous consent, full reading of Resolution Number 5397 was waived. P. Adopted Resolution Number 5398 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE BID FOR THE SEWER PUMP STATION 35 PHASE 1 UPGRADE, PROJECT NO. 49886." By unanimous consent, full reading of Resolution Number 5397 was waived. One bid was received and opened by the City Clerk on Thursday, November 3, 2005 - Cora Constructors, Inc. ($534,800.00) was found in compliance with the contract documents and was within 7% of the estimated construction cost. Q. Received and filed the staff report authorizing the Mayor to sign the proposed letter to the Coastal Commission regarding Coastal Commission Application No. 5-04-488, West End Pump Station Renovation Project and authorize the Director of Development Services and Director of Public Works/City Engineer to attend the Coastal Commission meeting on behalf of the City. I R. Adopted Resolution Number 5399 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING FINAL TRACT MAP NO. 16375 - BOEING SPECIFIC PLAN." By unanimous consent, full reading of Resolution Number 5399 was waived. Adopted Resolution Number 5400 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY AND THE BOEING COMPANY FOR FINAL 11-14-05 TRACT MAP NO. 16375." By unanimous consent, full reading of Resolution Number 5400 was waived. The City Attorney noted that the City Manager recused himself from any discussion or decisions made on this item. S. Received and filed the Program Effectiveness Assessment (PEA) previously known as the Year End Report for the Stormwater Quality Local Implementation Plan (LIP) in accordance with the requirements of the Santa Ana Regional Water Quality Control Board adopted Order Number R8-2002-0010. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" / CABLE FRANCHISE / TIME WARNER The City Attorney clarified that the agreement and conditions of the current contract will remain the same, this is a transfer from Adelphia Cablevision, who declared bankruptcy, to Time Warner NY Cable LLC. Councilman Yost stated that it was important that SBTV Channel 3 continue and that most of the complaints are for the poor service. It was stated that Adelphia had stated that all complaints need to be documented and to go through the City Manager's office. Yost moved, second by Larson, to adopt Resolution Number 5385 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONDITIONALLY AUTHORIZING THE ASSIGNMENT OF A CABLE TELEVISION FRANCHISE BY ADELPHIA CABLEVISION OF SEAL BEACH, LLC TO TIME WARNER NY CABLE LLC, AN INDIRECT SUBSIDIARY OF TIME WARNER CABLE INC." By unanimous consent, full reading of Resolution Number 5385 was waived. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEM 'T' / NAVY BOOSTER STATION / PROJECT 50154 - 50156 AND 50167 The Director of Public Works explained that the low bid was within $30,000 of the engineer's estimation and that the analysis of the other bids showed that they were considered throw in bids just to see if they would be awarded the project. Ybaben moved, second by Yost, to adopt Resolution Number 5401 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE BID FOR THE NAVY BOOSTER STATION, PROJECT NO. 50154,50155,50156,50167." By unanimous consent, full reading of Resolution Number 5401 was waived. Bids were received until Thursday, November 3, 2005 at 10:00 a.m. for the Navy Booster Station, Project No. 50154, 50155, 50156, and 50167, at which time the City Clerk publicly opened them as follows: Companv: 1. Southwest Engineering 2. Cora Constructor's 3. Minako America Corp. Bid Amount: $1,999,500.00 $1,337,750.00 $2,398,000.00 I Awarded contract for the Navy Booster Station, Project No. 50154, 50155, 50156, and 50167 to Cora Constructor's. the low bidder, in the amount of $1,337,750.00 and authorized City Manager to execute the contract on behalf of the City. -<.-nll-.,.." 11-14-05 I PUBLIC HEARING / RESOLUTION NUMBER 5402 / GENERAL PLAN AMENDMENT 05-2 The City Manager recused himself and left the Council Chambers. Mayor Antos declared the public hearing open to consider Resolution Number 5402 - to amend the Open Space/Recreation/Conservation Element of the General Plan - Boeing Integrated Defense Systems (BIDS) Specific Plan to the Land Use Element - perimeter buffer/water retention areas. The City Clerk reported that the notice of the public hearing was noticed as required and did not receive any communications either for or against the issue. The Director of Development Services reported that the matter before council is necessary based on the final project approval for the Boeing Integrated Defense Systems Specific Plan by the California Coastal Commission. The City did not amend the Land Use Element referring to the perimeter buffer and water retention areas until the final approval, the Coastal Commission did not make any changes to the Specific Plan so at this time City Council is asked to amend the Open Space/Recreation/Conservation Element of the General Plan to include these areas within the General Plan document and to make other conforming amendments to the Land Use Element to reflect the 4.5 acres area set aside as open wetland retention area. Planning Commission approved this recommendation at their October 26, 2005 meeting. A map of the area was attached to the staff report. The approval of this item would designate to all future owners that this area could not be developed and is set aside in perpetuity for the wetlands and water retention. It was clarified that the perimeter areas area separate parcels, like dedicating for a park area and also clarified that the map presented is the final map approved and reflects what will be built. Mayor Antos invited members of the audience wishing to speak to come to the microphone and identify themselves for the record. Ms. Sue Corbin, Seal Beach, expressed her disagreement with the fact that the City Manager did not have any input on the decision regarding this matter, that a Home Depot was not approved, and other decisions made by Council. There being no other speakers, Mayor Antos declared the public hearing closed. I Yost moved, second by Ybaben, to adopt Resolution Number 5402 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING GENERAL PLAN AMENDMENT 05-2, AMENDING THE OPEN SPACE/RECREATION/CONSERVATION ELEMENT OF THE GENERAL PLAN AND LAND USE ELEMENT OF THE GENERAL PLAN (BIDS SPECIFIC PLAN)." By unanimous consent, full reading of Resolution Number 5402 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried The City Manager returned to the Council Chambers. I PUBLIC HEARING / RESOLUTION NUMBER 5403/ TENTATIVE PARCEL MAP Mayor Antos declared the public hearing open to consider Resolution Number 5403 - to approve the tentative Parcel Map 2005-237. The City Clerk reported that the notice of the public hearing was noticed as required and did not receive any communications either for or against the issue. The Director of Development Services gave a brief staff report stating that this item is for approval of a tentative parcel map proposed to subdivide two existing parcels into three 25 feet wide lots (231, 233, and 235 - 15th Street). Planning Commission approved this request at its October 26, 2005 meeting and recommends approval. If Council approves the resolution and all the conditions are met then a final parcel map will come back to Council for execution. Mayor Antos invited members of the audience wishing to speak to come to the microphone and identify themselves for the record. Ms. Sue Corbin, Seal Beach, would like to know if the applicants will be paying into the Quimby fund. Mr. Pat Kearn, Seal Beach, commented that he does not agree with the setbacks on the properties in Old Town and this causes parking problems. Ms. Joyce Parque, Seal Beach, said that the future of Seal Beach is single family housing and that the residents need to use their garages for cars. Mr. Eric Smith and Mr. George Brown, applicants, said that currently there is only parking for two cars and with the new development there 11-14-05 will enough for six cars. There being no other speakers, Mayor Antos declared the public hearing closed. The Director clarified that there will be a $10,000.00 Quimby fee for the additional unit being built. Yost moved, second by Ybaben, to adopt Resolution Number 5403 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2005-237, A REQUEST TO SUBDIVIDE TWO EXISTING PARCELS, EACH 37.5 FEET IN WIDTH, INTO THREE 25 FEET WIDE LOTS AT 231,233, AND 235 - 15TH STREET, SEAL I BEACH." By unanimous consent, full reading of Resolution Number 5402 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEM "W" / SEAL BEACH MUNICIPAL PIER REPORT The Director of Public Works/City Engineer gave a brief history of the Seal Beach Municipal Pier, the overall condition of the Pier is fair, routine inspection and repairs are done, stated that the Public Works Department is scheduled to have a structural inspection in 2008, and will be reviewing the associated costs and studies, investigate grant opportunities, and will bring back information regarding the Pier to City Council for project consideration at a future budget session. Council comments included that this be placed on the budget agenda, that Council needs to keep in mind the safety needs of the public, make sure the budget sessions are advertised, and would like to some kind of railing on the pier to help eliminate the fishing waste. Ybaben moved, second by Yost, to receive and file the staff report. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried I REDEVELOPMENT AGENCY . It was the order of the Chair, with consent of the Council, to declare a recess at 9:18 p.m. to the Redevelopment Agency Meeting. Council reconvened at 9:36 p.m. with Mayor Antos calling the meeting to order. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 9:36 p.m. to December 12, 2005 to meet in Closed Session if deemed necessary at 6:30 p.m. y lerk and ex-officio clerk of the City of Seal Beach Approved: ~~~9 Mayor I Attest: dt~ J)~y City Clerk ....~.. .- .