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Home My WebLink AboutCC Min 2004-08-09 7-15-04 / 7-26-04 / 8-9-04 meet in Closed Session if deemed necessary. By unanimous consent the meeting was adjourned at 7:00 p.m. ~t. JjM~ I C ty Cler a d ex-officio of the City of Seal Beach clerk I Approved: ~o. Attest: c:hYlj~ IMI1<'; I City erk Seal Beach, California July 26, 2004 The regularly scheduled meeting of the City Council for this date was canceled by action of the City Council on July 12, 2004. (;kn~ Jl/P/> , Ci Y Clerk and ex-officio clerk of the City of Seal Beach I Seal Beach, California August 9, 2004 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Yost calling the meeting to order. ROLL CALL Present: Mayor Yost Councilmembers Antos, Larson, Levitt, Ybaben None Absent: Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mrs. Devine, City Clerk I The City Attorney advised this would be the time for members of the public to address the Council on any item on the agenda. There were no speakers. I I I 8-9-04 CLOSED SESSION The City Attorney announced that the City Council would meet in Closed Session pursuant to Government Code Sections 54956.9 (b) and (c), and 54957.6 to confer with Legal Counsel relating to City of Seal Beach vs. Madena and to confer with the City's Labor Negotiator. The Council adjourned to Closed Session at 6:31 p.m. and reconvened at 6:57 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported that the City Council had discussed the items identified on the agenda, gave direction to special counsel and the City's Labor Negotiator, there was no other reportable action taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:58 p.m. ~it Jw/l,1Y C~ Y Clerk an ex-of icio clerk of the City of Seal Beach Approved: ulyor Attest: J,;u{1 ~hl C~ Y erk Seal Beach, California August 9, 2004 The City Council of the City of Seal Beach met in regular session at 7:05 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers Antos, Larson, Levitt, Ybaben None Absent: Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Danes, Director of Public Works/City Engineer Mrs. Arends-King, Director of Administrative Services Chief Sellers, Police Department Mr. Vukojevic, Deputy City Engineer Ms. Yotsuya, Assistant City Manager 8-9-04 Ms. Lee, Human Resource Analyst Mrs. Devine, City Clerk APPROVAL OF AGENDA Mayor Yost mentioned that staff requested that Item aKa be pulled from the Consent Calendar for separate consideration, Items aFa and apa were removed by the public, and Councilman Antos requested Item ala removed. Antos moved, second by Ybaben, to approve the order of the agenda as revised. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PRESENTATIONS/PROCLAMATIONS None ORAL COMMUNICATIONS Mayor Yost declared Oral Communications open. Mr. Rodney Johnson, Electric Avenue, local resident and sculptor presented a proposal for permanent loan of his sculpture aCalifiaa a bronze female swimmer/sun dial with a small fountain to be place at the pier entrance at Ocean Avenue and Main Street. Mr. Johnson said he believes this is representative of the community of Seal Beach and was modeled after Lynn Cox, who grew up in the general area and trained in Seal Beach. Mr. David Silva, Seal Beach Leisure World resident and candidate for the 67th Assembly District, introduced himself, listed his endorsements and said he wanted to inform the public that he has asked Assemblyman Tom Harman to debate the issues. Mr. Rex Ricks, Huntington Beach, expressed his concern about the Airport Authority tripling the size of the Long Beach Airport ,passenger holding area to which he is collecting signatures online to keep this area to a minimum during the expansion project, and expressed disappointment that no one from Seal Beach has signed his petition. He said another concern was the Naval Weapons Station and base closures that are slated for 2005. Mayor Yost requested to have an up-date regarding the Long Beach Airport put on a future agenda. Mr. Jahn Rokicki, Marble Cove Way, inquired about the Pavilion Shopping Center and expressed his concerns with regard to the possible increase of -traffic, commercial density, and parking. The City Manager requested Mr. Rokicki to leave his name, address, and phone number with the City Clerk and a staff member contact him. Ms. Joyce Parque, Seal Beach, questioned the Council as to why Jet Blue Airlines paid the City of Long Beach a fine of $140,000 for flying too low and Seal Beach did not file for the compensation, also, the same with regard to the tankers parked in front of the beach, the Long Beach peninsula receives money to keep their beaches clean, Seal Beach needs to write a letter requesting same. Ms. Parque referred to an article in the local Sun newspaper written by Councilman Antos to which she agreed with his opinion about the police pension, also expressed the same concerns that impacts her quality of life in Seal Beach, and stated that she will be actively involved in the next City Council election. Mayor Yost asked Ms. parque for the contact information she had referred to so that the City could seek reimbursement for these tankers. Ms. Sue Corbin, Seal Beach, stated the City Charter requires the Council to have two meetings a month and not try to push items through in one meeting per month, especially when most people are not here in the summer. Ms. Corbin was offended by the Council having bottled water at the meetings, stated the Council is I I I I I /~.. " 8-9-04 accountable for what is happening in the City, and expressed her opinion over several city issues. Dr. Robert Goldberg, Seal Beach, commended the staff for their prompt response to removing graffiti at Marina Park. Dr. Goldberg commented on Item ala, West Nile Virus, standing water in the catch basins and the need to keep them clear, Item aMa, pay raises for managers and mid managers, the need to have a policy to determine the amount of use of cars and cell phones to receive allowances, and with regard to Item aQa said the money from Bixby should be in a trust fund to refurbish the tennis facility. There being no other speakers, Mayor Yost declared Oral Communications closed. CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. COUNCIL COMMENTS Councilman Antos asked that the sculpture project offered by Mr. Johnson be referred to staff for a report for further consideration. Mayor Yost announced that he will have a Town Hall meeting regarding the Pavilion Shopping Center, the date and time to be determined. COUNCIL ITEMS Councilman Levitt announced the appointments to the following Boards and Commissions for Council District Five: * AdHoc.Parking Management Committee - Roger Bennett - undetermined term Board of Appeals - John Retterath - undetermined term Citizens Participation Committee - Andre Boutin _ unexpired four year term, ending 2006 Department of Water and Power Advisory Committee Beth Retterath - undetermined term * * * Antos moved, second by Ybaben, to approve the appointments of Councilmanic District Five representatives. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried CONSENT CALENDAR - ITEMS "B" thru "P" Antos moved, second by Ybaben, to approve the recommended action for items on the Consent Calendar as presented, except Items "FU, nI", J1K", and l'pn, removed for separate consideration. B. 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. C. Approved regular demands numbered 47082 through 47390 in the amount of $1,988,613.67, ADP payroll demands numbered 11334236 through 11334348 in the amount of $214,988.50, and authorized warrants to be drawn on the Treasury for same. D. Received and filed the Monthly Investment Report for June, 2004. 8-9-04 E. G. Adopted Ordinance Number 1526 entitled aAN ORDINANCE OF THE CITY OF SEAL BEACH RENUMBERING EXISTING CHAPTERS 9.25 THROUGH 9.55 TO CHAPTERS 9.30 THROUGH 9.60 AND ADDING NEW CHAPTER 9.25 TO THE SEAL BEACH MUNICIPAL CODE TO ADOPT FATS, OILS AND GREASE MANAGEMENT, DISCHARGE AND CONTROL REGULATIONSa. By unanimous consent, full reading of Ordinance Number 1526 was waived. I Adopted Resolution Number 5262 entitled aA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #50172 THE ANNUAL PAVING REHABILITATION ENTERED INTO BETWEEN CITY OF SEAL BEACH AND RUIZ ENGINEERING COMPANya. By unanimous consent, full reading of Resolution Number 5262 was waived. H. Adopted Resolution Number 5263 entitled aA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #50178 THE ANNUAL CONCRETE REHABILITATION ENTERED INTO BETWEEN CITY OF SEAL BEACH AND FS CONSTRUCTIONa. By unanimous consent, full reading of Resolution Number 5263 was waived. J. Adopted Resolution Number 5265 entitled aA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING A CONTRACT AND AUTHORIZING THE DISPENSING OF BIDDING FOR AN ON-SITE SODIUM HYPO- CHLORITE GENERATION SYSTEMa. Severn Trent Water Purification, Inc. is the sole manufacturer and producer of the Chlotec sodium hypo-chorite generation system, which is currently used by the City at all of its water stations. By unanimous consent, full reading of Resolution Number 5265 was waived. I L. Received and filed comment letter from the Environmental Quality Control Board comment letter to Los Angeles Department of Water and Power regarding aNotice of Preparation of Draft Environmental Impact Report - Haynes Generating Station Units 5 & 6 Repowering Projecta, Long Beach. ' M. Received and filed the staff report relating to the Draft project Closeout Report - Non-Time Critical Removal Action, Installation Restoration Program Site 7 (station landfill) and Site 4 (perimeter Road AOPCS 1A and 2A), Naval weapons Station, and that said letter be forwarded to the Environmental Quality Control Board and Archaeological Advisory Committee. I N. Adopted Resolution Number 5266 entitled aA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING REVISIONS TO WAGES AND BENEFITS FOR MANAGEMENT AND MID-MANAGEMENT EMPLOYEES AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITHa. By unanimous consent, full reading of Resolution Number 5266 was waived. 0"""._" ~ '.... ..,-.~", 8-9-04 O. Adopted Resolution Number 5267 entitled aA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'SEAL BEACH APPROVING REVISIONS TO THE MEMEORDANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE SUPERVISORS AND PROFESSIONAL EMPLOYEES AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITHa. By unanimous consent, full reading of Resolution Number 5267 was waived. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "Fa - RESOLUTION NUMBER 5261 - BUDGET AMENDMENT - ZOETER SCHOOL SITE - FACILITY CONDITION ASSESSMENT The City Manager advised that a budget amendment is needed for additional Facility Condition Assessment of the Zoeter School site as requested by Council for the purpose testing for asbestos and lead testing before the upgtade to the facility. Ybaben moved, second by Antos, to adopt Resolution Number 5261 entitled aA RESOLUTION OF THE 'CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 05-02, FOR THE ADDITIONAL FACILITY CONDITION ASSESSMENT OF THE ZOETER SCHOOL SITEa. By unanimous consent, full reading of Resolution Number 5261 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried I ITEM aI" RESOLUTION NUMBER 5264 - BUDGET AMENDMENT - WEST NILE VIRUS ACTION PLAN Councilman Antos provided the Council with articles relating to the West Nile Virus for their information and made the public aware that they need to take steps to keep surroundings clear of standing water. Councilman Larson stated that Leisure World has a large electric sign that informs the residents of the West Nile issue. Mayor Yost stated how impressive the report was and how it is in line with the Best Management Practices for water quality. Larson moved, second by Antos, to adopt Resolution Number 5264 entitled aA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT NO. 05-03 FOR PUBLIC EDUCATION PLAN ON WEST NILE VIRUS". By unanimous consent, full reading of Resolution Number 5264 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried I ITEM aK" BOEING INTEGRATED DEFENSE SYSTEMS SPECIFIC PLAN - PERMIT NUMBER 5-03-355 - COMMENT LETTER - COASTAL COMMISSION STAFF REPORT The City Manager and Director of Public Works excused themselves from the meeting due to possible conflict of interest. The Director of Development Services was available to answer any questions from Council. Larson moved, second by Antos, to receive and file the staff report, authorized the Mayor to sign the revised comment letter, and authorized the Director of Development Services to attend the Coastal Commission meeting and respond to issues and concerns on behalf of the City. 8-9-04 AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried The City Manager and Director of Public Works returned to the Council meeting. ITEM apa - IMPLEMENTATION PLAN - POLICE SERVICES STUDY The City Manager reviewed the Implementation Plan for the Police Service Study submitted by the Police Department, mentioned that the second part of the plan is a progress report in bar graph form that is easy to follow, indicated that this will serve as a road map that wil~ bring staffing and operational changes to the Department, and pointed out that some of the recommendations are targeted for late 2005 due to the long recruitment process. Councilman Ybaben stated the plan is very detailed and suggested the Council hold a study session to review the process of implementation. Mayor Yost requested an update and possible a study session on the City's Emergency Plan. Councilman Larson disagreed with the need for a study session and would like to continue with two business meetings a month. The City Attorney reminded the Council that the item under consideration is in regards to the Police Services Study Implementation Plan. Larson moved, second by Antos, to receive and file the Implementation plan report from the Chief of Police. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried Mayor Yost declared a brief recess at 8:01 p.m. The Council reconvened at 8:08 p.m. with Mayor Yost calling the meeting to order. I APPOINTMENTS - BOARDS AND COMMISSIONS Councilman Levitt requested to make two reappointments that he inadvertently omitted earlier in the meeting. * Archaeological Advisory Committee - Robert aGenea Vesely - full one year term, expiring 2005 * Seal Beach Cable Communications Foundation Richard Davies - full two year term, expiring 2006 There being no objection, Antos moved, second by Yost, to approve the reappointment of Council District Five representatives. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried OLD RANCH TENNIS CLUB The City Manager outlined the process under the terms of the Bixby Development Agreement to accept the Old Ranch Tennis Facility and the remaining funds from Bixby Ranch Company by September 22, 2004, including the submission of a quitclaim deed. The City Manager advised that staff is moving forward with the Request for proposals process to secure a lessee to operate the Tennis Club as a municipal recreational tennis facility. Larson moved, second by Antos, to provide authorization for the City Manager and staff to proceed with the acceptance of the Old Ranch Tennis Club and receipt of funds by September 22, 2004. I' >.~;(~ ~- ~'f.~,~'::...~." 8-9-04 AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried I ORDINANCE NUMBER 1527 AND 1528 - SECONDARY EXITS ON THIRD STORIES The Director of Development Services explained that Exception 7 to Section 1004.2.3.2 of the California Building Code does not meet the necessary criteria for exemption. The Urgency Ordinance requires a four-fifths vote and would immediately eliminate that provision from the Municipal Code and the confusion that could result with it remaining as part of the Municipal Code. The Director mentioned that Ordinance 1528 is virtually identical to the urgency Ordinance and is proposed for first reading with second reading and adoption at the next meeting at which time the Urgency Ordinance will become null and void. Antos moved, second by Ybaben, to adopt Ordinance Number 1527 entitled aAN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING EXCEPTION 7 TO SECTION 1004.2.3.2 OF THE CALIFORNIA BUILDING CODE (SECTION 9.55.065.L OF THE SEAL BEACH MUNICIPAL CODE) AND DECLARING THE URGENCY THEREOF." By unanimous consent, full reading of Ordinance Number 1527 was waived. The City Attorney read the title in full for the record. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried I Antos moved, second by Ybaben, to introduce Ordinance Number 1528 entitled aAN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING EXCEPTION 7 TO SECTION 1004.2.3.2 OF THE CALIFORNIA BUILDING CODE (SECTION 9.55.065.L OF THE SEAL BEACH MUNICIPAL CODE)." By unanimous consent, full reading of Ordinance Number 1528 was waived. The City Attorney read the title in full for the record. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried I BUSINESS LICENSES - PROPOSED CHANGES The City Manager recommended four changes to the Municipal Code with regard to the Business License Tax: . Business license tax will increase each year based on the Consumer Price Index at the discretion of the Council. . Qualifying gross income for senior citizen discounted business license tax is $10,000 . Individuals who are disabled and living on subsidies that are operating a business would only pay half of the flat business license tax based on the type of establishment they are operating if their gross income is $10,000 or less. . Commercial rentals of two units per property or less pay 50% of the business license tax currently $89 and commercial rentals with three or more units per property pay 100% of the business license tax currently $178. Larson moved, second by Antos, to direct staff to proceed with the recommended changes to the Business License Tax provisions of the Municipal Code. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried 8-9-04 The City Attorney noted that the proposed changes to the Municipal Code will be presented on a future agenda. RESOLUTION NUMBER 5268 - SPRINGBROOK HUMAN RESOURCES and PAYROLL SOFTWARE / BUDGET AMENDMENT The Director of Administrative Services presented a brief report on the benefit cost savings of changing from Automatic Data processing to ain-house" payroll with a part-time payroll clerk, this would provide a more accurate processing of payroll with a human resource component. The Director noted the Finance Department is currently using Springbrook software for utility billing and the maintenance fee includes up-dates. Mayor Yost expressed a concern with confidentiality. The Director assured that she will have tight control. Larson moved, second by Ybaben, to adopt Resolution Number 5268 entitled aA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 05-01 FOR PURCHASE OF SPRINGBROOK PAYROLL AND HUMAN RESOURCES SOFTWARE AND INCREASE IN PART- TIME WAGES TO PROCESS PAYROLL." By unanimous consent, full reading of Resolution Number 5268 was waived. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried SOLID WASTE CONTRACT - REVIEW The City Manager presented an overview of the solid waste contract, historical information, rate comparison data, and a performance summary of Consolidated Disposal Services for Seal Beach. He noted the existing agreement with Consolidated Disposal Services provides for an annual review of performance, quality of service, as well as a system and service review, and the Council has the option to direct staff to meet with Consolidated over particular concerns. Mr. Russell Dix, area president of Consolidated Disposal, reiterated some of the information provided in the report, said their performance rate is high, and their crews have been with them for fifteen to twenty years, Consolidated is willing to work with the City over any concerns, the long term contracts help to invest in improved capital, the cost of a new truck is $230,000, and mentioned that the waste industry is heavily regulated by the State., Mr. Dix also presented a plaque to the Council from the California Integrated Waste Management Board recognizing the City for complying with AB939, the recycling program. Councilman Antos questioned staff about notifying the residents of the fifteen percent discount for seniors over sixty-five, and asked for clarification that the residential fees are itemized on individual bills. Councilman Levitt also wanted to clarify that Leisure World is exempt from this fee. Larson moved, second by Ybaben, to receive and file the report, no other direction was given to staff. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried I ORDINANCE NUMBER 1529 AND 1530 - RE-ESTABLISH DIAGONAL PARKING ZONE REGULATIONS The City Attorney stated that section 13-92 of the Code of the City of Seal Beach established regulations for diagonal parking zones at six inches from the curb as designated by City Council Resolution was inadvertently omitted when the Code was revised and recodified. In order to provide for uninterrupted enforcement of the City's diagonal parking zone regulations, the provisions of former Section 13-92 must be ~,.o;..~~..- . .....-..."'~..-- .f,'.""--'" 8-9-04 / 8-23-04 incorporated into the Seal Beach Municipal Code, this action requires a four-fifths vote of the Council. I Larson moved, seconded by Levitt, to adopt Urgency Ordinance Number 1529 entitled aAN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE TO RE-ESTABLISH DIAGONAL PARKING ZONE REGULATIONS AND DECLARING THE URGENCY THEREOF". City Attorney read the ordinance title in full. By unanimous consent, full reading of Ordinance Number 1529 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried Levitt moved, second by Antos, to adopt Ordinance Number 1530 first reading entitled aAN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE TO RE-ESTABLISH DIAGONAL PARKING ZONE REGULATIONSa. The City Attorney read the title in full for the record. By unanimous consent, full reading of Ordinance Number 1530 was waived. This ordinance will be presented for a second reading and adoption at the next meeting, Urgency Ordinance Number 1529 will then be null and void. CLOSED SESSION No closed session was held. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until September 13th, 2004 at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 9:00 p.m. ~)4 f~Qt/)f/~ / C~ty Clerk and ex-offIcio clerk of the City of Seal Beach Approved: ~Yor ~~I Q~ City C erk Attest: I Seal Beach, California August 23, 2004 The regularly scheduled to be held on this date was canceled by action of the City Council on January 12, 2004. Cit C of the clerk