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HomeMy WebLinkAboutCC Min 2004-06-14 6-8-04 I 6-14-04 ADJOURNMENT It was the order of. the Chair, with consent of the Council, to adjourn the meeting until June 14th, 2004 at 6:30p.m. to meet in Closed Session if deemed necessary. By unanimous consent the meeting was adjourned at 9:15 p.m. ~ rlk;)</ City Clerk and ex-officio clerk of the City of Seal Beach I Approved: w~, Attest: ~fk ~J/)V~I Clty Clerk Seal Beach, California June 14, 2004 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor ProTem Antos calling the meeting to order. I ROLL CALL Present: Mayor ProTem Antos Councilmembers Larson, Ybaben Mayor Yost One Absent: Vacancy: Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mrs. Devine, City Clerk CLOSED SESSION The City Attorney announced that the City Council would meet in Closed Session pursuant to Government Code 54956.9 (b) and (c) to confer with the City's Real property Negotiators and to confer with Legal Counsel with. regard to anticipated litigation. The Council adjourned to Closed Session at 6:32 p.m. and reconvened at 6:50 p.m. with Mayor ProTem Antos calling the meeting to order. The City Attorney reported that the City Council had discussed Item A on the agenda, the Southeasterly portion of the property commonly known as the DWP site, the Council gave direction to the negotiators, no other reportable action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:55 p.m. I I I .. 6-14-04 ~/~~~J Citylerk and ex-officio clerk of the City of Seal Beach Approved: ~~- Mayor Pro Tern Attest: C4~~ ~{1l/;JZ! Clty Cl rk Seal Beach, California June 14, 2004 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor ProTem Antos calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Antos Councilmembers Larson and Ybaben Mayor Yost One Absent: Vacancy: Antos moved, second by Larson, to excuse the absence of Mayor Yost from the June 14, 2004 Council meeting. AYES: NOES: ABSENT: VACANCY: Antos, Larson, Ybaben None Yost One Motion carried Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works/City Engineer Ms. Arends-King, Director of Administrative Services/Treasurer Chief Sellers, Police Department Mr. Vukojevic, Deputy City Engineer Mrs. Devine, City Clerk APPROVAL OF AGENDA Mayor ProTem Antos noted that staff requested Item aIa be removed from the Consent Calendar for separate consideration. Larson moved, second by Ybaben, to approve the order of the agenda as revised. AYES: NOES: ABSENT: VACANCY: Antos, Larson, Ybaben None Yost One Motion carried 6-14-04 PRESENTATIONS/PROCLAMATIONS RESOLUTION NUMBER 5245 - COMMENDING PEDRO ABALOS DELOS SANTOS - EAGLE SCOUT AWARD and RESOLUTION NUMBER 5246 - HONORING KENT W. GIBBS - RETIRING SCOUT EXECUTIVE & BOARD PRESIDENT Larson moved, second by Ybaben, to adopt Resolution Number 5245 entitled aA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING PEDRO ABALOS DELOS SANTOS FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD" and adopt Resolution Number 5246 entitled aA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING KENT W. GIBBS FOR HIS COMMITMENT AND SERVICE TO THE ORANGE COUNTY COUNCIL OF THE BOY SCOUTS OF AMERICA. a By unanimous consent, full reading of Resolution Number 5245 and Resolution 5246 was waived. AYES: NOES: ABSENT: VACANCY: I Antos, Larson, Ybaben None Yost One Motion carried I-405 MAJOR INVESTMENT STUDY - OCTA Mr. Kurt Brotcke, principal Transportation Analyst, made a presentation for the Orange County Transportation Authority, regarding the Interstate 405 Major Investment Study. . Noted that this process started in the fall of 2003 working with staff to develop alternatives to improve the I-405 corridor from Interstate 605 at the Orange/LOS Angeles County border to Costa Mesa at State Route 73; This is a planning study, not an environmental document, for future transportation plan programs and projects. The Mobility Program and Purpose and Needs Statement were completed in March, 2004, next was development of Conceptual Alternatives, high level concepts to give the public an idea of what could occur, the aBlue Sky" phase details benefits and costs; There are three themes that helped guide the creation of the thirteen alternatives, one is to build new lanes or transit alternatives in existing freeway right-of-way, second is to build out and maximize the number of new lanes and transit improvements along the freeway, and third is build up, making improvements within the existing right-of-way by using elevated structures; April, 2004, the Regional Planning & Highways Committee shared the concepts with the public at an open house in Fountain Valley; In general the public supports improvement of the 405, however, concerns expressed related to major at- grade widening options, improvements in existing right-of-way, and desire for operational and technology improvements; Next step is to include a technical team to qualify benefits, costs, and impacts of each of the thirteen alternatives; Fall 2004, an open house to be held in the Rossmoor/Seal Beach area to obtain input on specific screening recommendations, consider the thirteen alternatives, reduce the alternatives to three I I . . . . . . .~"'''''l' I ~~~ 6-14-04 . buildable alternatives; Go through an engineering and environmental process to add more detail to the alternatives, continue efforts to communicate progress, one being through the web page, www.octa.net; Councilman Larson expressed concern with the possible loss of homes in the Rossmoor and College Park East neighborhoods, the loss of a water well, widening of the bridge, and he was told funding for the project would not be available until 2020; Response was that this is a long-term plan, the impacts will be evaluated, and whatever emerges from the study will be considered as part of the Southern California Association of Governments Regional Transportation Plan update and Orange County Long Range plan, the bridge structure will be looked at as part of the study; Councilman Ybaben inquired as to the criteria for choosing among the thirteen alternatives, is cost complex enough that it does not automatically default to existing right-of-way, and cost analysis on life- cycle improvements; Response was that the high level cost to construct and maintain and right-of-way impacts will. all be included, on the benefit side, travel time, relief of congestion, as well as life cycle cost will be considered, there is a comprehensive list of criteria available. . . . . ORAL COMMUNICATIONS Mayor ProTem Antos declared Oral Communications open. Ms. Elizabeth Kane, Seal Beach, Promotional Director, Seal Beach 10K/5K Run, reported a record total of $45,000 awarded to ten community organizations and the City. Ms. Kane thanked the sponsors and community for their support. Ms. Shirley Barasch, Seal Beach, brought three matters to the attention of the Council, the repeated incidence of fumes and odors coming from the coffee establishment on the corner of Main Street and Central, sidewalk repair in front of the 8th Street parking lot, and the Grace community Church parking problem. Ms. Carol Franz, resident of Leisure World Mutual 2, expressed concern regarding Building Site 29 and provided the Council with excerpts from various documents such as the Distress Investigation Report, Structural Evaluation Report, Geotechnical Exploration Report, and the Declaration of a registered geologist. She stated her concerns about a proposal to rebuild on this site and the cost to the residents. She said .in 2000 the residents of Mutual 2 had a hand vote to turn this site into a landscape area, if a building is placed on the site and subsides again will the City be involved with contributory negligence. Ms. Jeanne Bond, Seal Beach, lives adjacent to Site 29, would like the Council to give great consideration before allowing a permit to rebuild, also, since 1998 said she has had problems with her sidewalk and floors cracking, her belief is this is a health problem. Mr. Brian Marino, Leisure World resident of seven years and president of Concerned Citizens of Mutual 2, also mentioned concern with site 29, read excerpt from the November 6th minutes of a special meeting of the Mutual 2 Board of Directors, athat the City declared the building uninhabitable due to the faulty sewer system,a and stated that was not correct, he also read a portion of a letter he wrote to the local newspapers regarding site-building 29. Mr. Edmund Loritz, Seal Beach, is aware of this situation and of a report regarding a soil analysis done in 1975 including I I 6-14-04 aerial photographs, with that, it is unfeasible to build on the site. Ms. Joyce parque, Seal Beach, stated the budget public hearing will be on June 28th, 2004, and the residents will not be getting a utility tax reduction. Ms. parque mentioned that taxes are the biggest revenue source to the City, predicted there will be a major collision between government and taxpayers, infrastructure of the City needs to be maintained. Ms. Parque noted having requested billing records of the City Attorney and money collected from the Redevelopment Agency, that the budget is only a working document not what the City spends, they spend more and there is not enough for infrastructure. To the agenda item recommending approval of the comment letter for Sunset Harbour Marina boat launch parking and dry boat storage, Ms. pargue recommended it be deeded to Huntington Beach, stated the pension fund is largest expenditure in the budget, the only way to cut the utility tax is to cut government. Mr. Richard Braun, Seal Beach, said in 1978, 1988, and 1998 the Building 29 property settled and had to be condemned, the City of Seal Beach would be liable for contributory negligence if they rebuild. With regard to a prior comment, Ms. Sue Corbin, Seal Beach, stated that Leisure World would have money if the Golden Rain Foundation was not the subject of a fine of $350,000 by the Securities and Exchange Commission. Ms. Corbin encouraged residents to run for the Council seat of former Councilman Doane. She claimed all of Seal Beach is sitting on a riverbed. Ms. Corbin praised Councilman Ybaben for questioning the efficiency of the City, said change is needed, the trash contract needs to be on the agenda as well as legal services, only one City Engineer is needed, not out sourced, the Manager needs to reveal his raise and benefits, the Attorney needs to provide their billings, and an efficiency expert needs to report on employee performance. Ms. Corbin expressed concern with the outside lane on Seal Beach Boulevard. There being no further comments, Mayor ProTem Antos declared Oral Communications closed. I I CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. COUNCIL COMMENTS Mayor ProTem Antos requested staff to look into the condition of the parking lot by the Fire Station, the issue of odors from the property at 148 Main Street, and that the Building Department be made aware of all reports pertaining to the condition of the soil of the property in Leisure World. Councilman Ybaben inquired about the Redevelopment Agency and the last time the staff prepared an analysis of the financial condition as well as the pros and cons of maintaining the Agency. The City Manager responded that an outside firm prepared a report in 2002 and the information is still current. I COUNCIL ITEMS None were presented. CONSENT CALENDAR - ITEMS "D" thru "L" Larson moved, second by Ybaben, to approve the recommended action for items on the Consent Calendar as.presented, except Item aIa removed for separate consideration. ""_.~"':I>",! ,::~--,...~,""-" ,",'-1 6-14-04 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 Councilmembers after the reading of the title unless specific request is made at that time for the reading of such resolutions and ordinances. I E. Approved regular demands numbered 46448 through 46698 in the amount of $1,620,683.51, and ADP payroll demands numbered 10317166 through 10317233, 10565039 through 10565112 in the amount of $471,952.28 and authorized warrants to be drawn on the Treasury for same. F. Accepted the resignation of Ms. Loydene Lazich as the District Three representative to the Project Area Committee and declared the position vacant for the unexpired term ending July 2005. G. Approved the second reading and adoption of Ordinance Number 1525 entitled aAN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 5.25 (AMBULANCE SERVICE) OF THE SEAL BEACH MUNICIPAL CODE.a By unanimous consent, full reading of Ordinance 1525 was waived. H. Adopted Resolution Number 5247 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, EXPRESSING THE CITY COUNCIL'S OPPOSITION TO ASSEMBLY BILL 710 (CORREA), WHICH WOULD EXPAND THE MEMBERSHIP OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY GOVERNING BOARD. a By unanimous consent, full reading of Resolution 5247 was waived. ..l~;' I J. Adopted Resolution Number 5248 entitled aA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING AUTHORIZATION TO SIGN DEMANDS AND CHECKS FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE BANK OF AMERICA, AUTHORIZING ALTERNATE SIGNATURES, AND RESCINDING RESOLUTION NUMBER 5130. a By unanimous consent, full reading of Resolution 5248 was waived. K. Approved authorization to purchase rifles for Police patrol units with grant funds that have already been updated, and may also be offset by selling surplus weapons back to the City dealer. L. Approved grant funding for the City to purchase replacement body armor through the Bulletproof Vest partnership Program for all sworn officers utilizing grant funds budgeted for this purpose. I AYES: NOES: ABSENT: VACANCY: Antos, Larson, Ybaben None Yost One Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "Ia - DIGITAL PRINTER/COPIER LEASE - LIFEGUARD DEPARTMENT The Director of Administrative Services noted that there has been a change of equipment model that includes scanning ~. 6-14-04 capability at a cost of $62.00 per month for thirty-six months with the same supply cost of $37.50 per month. Ybaben moved, seconded by Larson, to approve thirty-six month lease with Richo Business Solutions for a digital printer/copier/scanner model #1515 for the Lifeguard Department at an annual cost of $1,194.00, and authorized the City Manager to execute the agreement on behalf of the City. I AYES: NOES: ABSENT: VACANCY: Antos, Larson, Ybaben None Yost One Motion carried PUBLIC HEARING / RESOLUTION NUMBER 5249 - COMPREHENSIVE FEE SCHEDULE 2004/2005 Mayor ProTem Antos declared public hearing open to consider the Comprehensive Fee Schedule for 2004/2005. The City Clerk certified that notice of the public hearing was advertised as required by law, and reported no communications received. The Director of Administrative Services gave an overview of the Comprehensive Fee Schedule for fiscal year 2004/2005, the rate increase from the prior year is based on the Consumer Price Index, an example is Business Licenses, according to the Municipal Code Licenses are to increase annually based on the CPI which this year is 2.1%, Public Works and Planning fee increases were based on the Engineering News Record of Construction Cost Index, the animal license fee increased $2 to help pay the cost of the new dog park, a dog park fee for non-residents was added, and the junior lifeguard and surf class fees increased to recover actual costs. Councilman Ybaben asked if all the increases were only related to the CPI, if there is cost recovery factor, and if in the future there can be a reassessment or evaluation of the costs. The Director responded that only the junior lifeguard and dog park fees were raised to cover costs, all others were due to the Index as set forth in the Municipal Code. The Manager indicated that the 2005 budget has monies set aside for a cost-fee study. Councilman Ybaben offered that after the team building and strategic planning session there can still be some revisions to the budget as well as the fee schedule. The Director stated that some building fees are actual costs set by hourly rates. The City Attorney added that periodically there are increases tied to the cost for the service, the fees in the comprehensive fee resolution have had an analysis done at one time or another, yet it has been a while since there has been an overall comprehensive study. There being no public comments, Mayor ProTem Antos closed the public hearing. I Larson moved, second by Ybaben, to adopt Resolution Number 5249 entitled aA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING THE RATES AND AMOUNTS OF FEES AND CHARGES FOR GOODS, SERVICES AND FACILITIES PROVIDED BY THE CITY OF SEAL BEACH AND SUPERSEDING THE INCONSISTENT PROVISIONS OF RESOLUTIONS 4114, 4195, 4234, 4250, 4442, 4494, 4499, 4519, 4545, 4550, 4650, 4718, 4751, 4816, 4910, 5032, 5141, 5l54.a By unanimous consent full reading of Resolution 5249 was waived. I AYES: NOES: Antos, Larson, Ybaben None ~-~~. W&~,. 6-14-04 ABSENT: VACANCY: Yost One Motion carried I SUNSET HARBOUR MARINA BOAT LAUNCH PARKING - DRY BOAT STORAGE- EXPANDED ENVIRONMENTAL IMPACT REPORT - COMMENT LETTER The City Manager mentioned that this item has been before the Environmental Quality Control Board. The Director of Development Services stated the City has re~eived a copy of the Draft Environmental Impact Report for the Sunset Harbour Marina Boat Launch parking and Dry Boat Storage Expansion, which is in the public comment stage of review, that period to close at 5:00 p.m., June 24th. The Director indicated that Exhibit As set forth staff technical and correction comments as well as comments bl the Environmental Quality Control Board at their June 2" meeting. The Director pointed out three major issues within the DEIR, first is to recommend Alternative 2 dealing with combining the small isolated wetlands into a larger more useful habitat for endangered species, the second relates to the surface drainage into the Huntington Beach sewer system for treatment thereby eliminating potential adverse water quality impacts, and the third deals with the City havin~ ultimate approval of any construction plans and permits for this project. Councilman Ybaben inquired about the responsibility of the City in regards to the drainage. The City Manager explained that through the cooperation of the City of Huntington Beach the drainage was rerouted, for a shorter travel distance. The reason for this recommendation is because of the National Wildlife Refuge nearby, with boats, copper, grease, and oil a permeable surface would not be acceptable, this would be the best for water quality. I Ybaben moved, second by Larson, to approve the comment letter to be signed by Mayor ProTem Antos and that said letter be forwarded the Planning Commission and Environmental Quality Control Board for information purposes, and receive and file staff report. AYES: NOES: ABSENT: VACANCY: Antos, Larson, Ybaben None Yost One Motion carried I RESOLUTION NUMBER 5250 - NEGATIVE DECLARATION - WEST END PUMP STATION RECONSTRUCTION PROJECT The Director of Development Services presented the staff report, explained that the Negative Declaration for the West End Pump Station Reconstruction project was prepared by a City-selected consultant, the final document approved by staff, therefore reflects independent judgment of the City. The Director reported that the required thirty day period for receipt of comments was completed, the document provides comments and responses from staff along with some minor modifications to the language of mitigation measures and clarification of certain portions of the document, none of the comments required any further environmental analysis, and the recommendation of staff is approval of the Negative Declaration and. authorize staff to file the 'required Notice of Determination and Certificate of Exemption from the Department of Fish and Game fees. He noted this concludes the environmental review process, the next step will be final review of plans and specifications and commencement of the 6-14-04 bidding process. Councilman Ybaben asked what would be the timeframe for the next process. The Director of Public Works indicated approximately one year, the City needs to go through a right-of-way acquisition to acquire a small portion of property, then the Coastal Commission, the design should be completed this fiscal year, construction the next fiscal year. Councilman Ybaben said he had a tour of the pump station, understands the rational and need for the project, the concern is the cost of $3.5 million. The Deputy City Engineer explained that in 2002 the City chose the alternative project having a cost of $2.3 million. The City Manager noted that until the Coastal Commission hears this project the cost can still increase. I Ybaben moved, second by Larson, to adopt Resolution Number 5250 entitled aA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING MITIGATED NEGATIVE DECLARATION, WEST END PUMP STATION RECONSTRUCTION PROJECT, AND INSTRUCTING STAFF TO FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE.a By unanimous consent, full reading of Resolution Number 5250 was waived. AYES: NOES: ABSENT: VACANCY: Antos, Larson, Ybaben None Yost One Motion carried ANNOUNCEMENT Mayor ProTem Antos announced that Governor Schwarzenegger has provided an opportunity for anyone wishing to sign their name to a condolence card in aRemembrance of President Reagana for the Reagan family which will be kept at the Reagan Presidential Library, may do so, the card is available in the Office of the City Clerk until Friday, June l8~. I ":'. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, June 21sT, 2004 at 6:00 p.m. to interview interested candidates for the vacant District Five Council position. By unanimous consent, the meeting was adjourned at 8:18 p.m. clerk Attest: ~~ Mayor Pro Tern ~U~ City Clerk I Approved: "--_v