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HomeMy WebLinkAboutCC Min 2004-11-08 11-8-04 Seal Beach, California November 8, 2004 Mayor Yost called the regular adjourned session of the Seal Beach City Council and Seal Beach Redevelopment Agency to Order at 5:30 p.m. Absent: Mayor Yost Councilmembers/Agency Members Antos, Larson, Levitt, Ybaben None I ROLL CALL Present: Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Ms. Teague, Senior Planner Mrs. Devine, City Clerk CLOSED SESSION The Mayor advised this would be the time for members of the public to address the Council/Agency on any item listed on the Closed Session agenda. The following spoke regarding the Closed Session agenda items dealing with the sale of real property located at 1190-1198 Pacific Coast Highway pursuant to Government Code Section 54956.8: Mr. Jim Caviola, Seal Beach: Mr. Hank pramov, Attorney at Law representing the Galbraith family. The Mayor extended the speaking time limit for Mr. Pramov to an additional five minutes and allowed other speakers the same courtesy. Mr. Jim Caviola, Seal Beach; Mr. Jim Klisanin, 11u Street; Ms. Joyce Parque, Seal Beach; Ms. Mitzi Morton, Seal Beach; Mr. Jim Klisanin, Seal Beach; and Mr. Matt Murphee, Seal Beach business. I There being no other speakers, the City Attorney announced that the City Council and Redevelopment Agency would meet in Closed Session pursuant to Government Code Sections 54956.8 and 54956.9 (a), (b), and (c) to discuss the items identified on the agenda, a conference with the real property negotiators with regard to property located at 1190-1198 Pacific Coast Highway (Zoeter), Zoeter School Parcel No. 043- 122-37, and to confer with legal counsel with regard to three cases of anticipated litigation. The Council adjourned to Closed Session at 6:02 p.m. and reconvened at 7:10 p.m. with Mayor Yost calling the meeting to order. The City Attorney announced that the City Council and the Redevelopment Agency discussed the items identified on the agenda, and with respect to item number two, existing litigation relating to Rodi versus City and Agency, the Council gave direction with regard to defense of the lawsuit, no other reportable action was taken. I CONTINUED PUBLIC HEARING / EXERCISE OF PURCHASE OPTION - ZOETER PLACE 11190-1198 PACIFIC COAST HIGHWAY) Antos moved, seconded by Ybaben, to table the continued public hearing relating to the transfer of Zoeter Place, 1990-1198 Pacific Coast Highway, Seal Beach, Resolution "'; ,-,:-.-.- ." .~. (-~.,~.~ ,. ;f...., ^~, r . 11-8-04 I Number 5270 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE EXERCISE OF AN OPTION BY RODI PROPERTIES, LLC OF PROPERTY OWNED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CITY SEAL BEACH" and Resolution Number 04-03 entitled "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH APPROVING THE EXERCISE OF AN OPTION BY RODI PROPERTIES, LLC OF PROPERTY OWNED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH." AYES: NOES: Antos, Levitt, Ybaben, Yost Larson Motion carried Mayor Yost stated that given that action the City will confer with its insurance carrier and will vigorously defend the lawsuit filed against the City/Agency. ADJOURNMENT It was the order of the Chair, with consent of the Council/Agency, to adjourn the meeting at 7:l2 p.m. It was noted that by action of the Council on January l2, 2004 the regular City Council and Redevelopment Agency meetings scheduled for November 22, 2004 were canceled due to the Thanksgiving Holiday. ~. () . {l~k hlj'/)f1~1 Ci y C erk and ex-officio clerk of the City of Seal Beach I Approved: tr a ~.-du h '/flI~ ( City Cl 'r Attest: Seal Beach, California November 8, 2004 The City Council of the City of Seal Beach regular meeting commenced at 7:l2 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. I 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. Vukojevic, Director of Public Works/ City Engineer 11-8-04 MS. Arends-King, Director of Administrative Services Ms. Yotsuya, Assistant City Manager Mrs. Devine, City Clerk APPROVAL OF AGENDA Larson moved, second by Antos, to approve the order of the agenda as presented. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PRESENTATIONS/PROCLAMATIONS RESOLUTION NUMBER 5285 - HONORING DR. JOHN BRADLEY - U.S. FISH & WILD LIFE SERVICE Yost moved, second by Antos, to adopt Resolution Number 5285 as read in full by Mayor Yost entitled "A RESOLUTION OF THE CITY COUNCIL ON THE CITY OF SEAL BEACH, CALIFORNIA HONORING DR. JOHN BRADLEY." AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried The Council wished Dr. Bradley the best in his new position in the San Francisco Bay area. Mr. Bruce Monroe, Friends of the Seal Beach National wildlife Refuge volunteer was introduced, Dr. Bradley then stated that he was honored for the recognition, that he enjoyed working on behalf of the Seal Beach wildlife Refuge, with the many volunteers, and the City of Seal Beach community. I ORAL COMMUNICATIONS Mayor Yost declared Oral Communications to be open. Mr. Hank Pramov, attorney for the Galbraith family, requested clarification that the Council/Agency determined to not take any action in regards to the option to purchase the Zoeter property, would rather defend itself in the litigation filed. Ms. Seretta Fielding, Seal Beach Boulevard, presented a diagram showing the flood areas in relation to the pump stations in the City, and expressed her belief that the members of the new AdHoc committee should have an understanding of the problem and should only discuss the flooding issue. Mr. Stan Anderson, Seal Beach, announced that the Holiday parade will be on Friday, December 3,d, thanked City staff for their help as well as the Seal Beach Chamber, Seal Beach Lions, business merchants, SBTV, etc. Ms. Joyce Parque, Seal Beach, complimented the Public Works Department and the City Manager for the Main Street project, thanked the Redevelopment Agency for defending the City'S rights, then asked where the money will come from to support improvements to the storm drains, and voiced her concerns on other issues. Ms. Sue Corbin, Seal Beach, commended the Agency's decision on Zoeter, said she believed that it was because of the people alerting them of the problem, claimed the City Manager and attorney were encouraging them to proceed when there was something drastically wrong, the original contract was flawed. She said there are too many engineers and Public Works Department was not prepared for the flooding which will cause more litigation, she approved fighting the Zoeter litigation among other issues. Dr. Robert Goldberg, Seal Beach, supported forming an AdHoc committee for streets and storm drains, but not to include facilities which he said is a separate issue, members of the I . ;~'"_. ;-~"";"''O~'''' _.f,~ I 11-8-04 I committee should be provided with a full set of the documents distributed during the budget sessions to help their mission to provide a report on methods to finance any improvement recommendations. Mr. Matt Murphee, Seal Beach businessman, commended the Zoeter decision, his belief is that there are loopholes in the amendment, also thanked the City Manager for street improvements on Main Street. There being no other speakers, Mayor Yost declared Oral Communications closed. CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The City Manager mentioned that the City is in full compliance with the Brown Act, in a recent Orange County article it was reported they tested several agencies with regard to requests for public documents, Seal Beach was reported to have responded to the test request favorably. COUNCIL COMMENTS Mayor Yost introduced and welcomed Mr. Mark Vukojevic, the newly appointed Director of Public Works/City Engineer, and Ms. Christy Teague, the Senior Planner. COUNCIL ITEMS I SOUTHERN CALIFORNIA EDISON - POLE REMOVAL AND REPAIR PROCESS As requested by Mayor Yost, Mr. Jerry Dominguez, representative of the Southern California Edison Company, gave a brief report regarding a misunderstanding with their contractor as to the time of day for the removal of an Edison pole and apologized for the inconvenience to a resident, it was not an emergency therefore should have been done during regular business hours, there was some miscommunication which will not happen again. Mr. Dominguez stated his appreciation that the City brought this incident to his attention. RESIGNATION - CITIZENS PARTICIPATION COMMITTEE Larson moved, seconded by Yost, to accept the resignation of Mr. Andre Boutin, the District Five representative to the Citizens Participation Committee. Notice of the vacancy to be posted as required. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried CONSENT CALENDAR - ITEMS "D" thru "I" Antos moved, second by Yost, to approve the recommended action for items on the Consent Calendar as presented. I WAIVER OF FULL READING 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. D. Approved regular demands numbered 48263 through 48527 in the amount of $770,151.97, ADP payroll demands numbered 12894597 through l2894673 in the amount of $175,753.80, ADP demands numbered 13164274 through l3l6435l in the amount of $175,66l.34, and authorized warrants to be drawn on the Treasury for same. 11-8-04 E. Receive and file Monthly Investment Report for September, 2004. F. Approved the minutes of the October ll, 2004 regular adjourned and Redevelopment Agency special session, joint City Council and Redevelopment Agency, and regular City Council meetings. G. Adopted Resolution Number 5286 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE ACCEPTANCE OF A TRI-CITY GRANT APPLICATION WITH THE STATE OF CALIFORNIA FOR A POLICE TRAFFIC SERVICES PROJECT." By unanimous consent, full reading of Resolution Number 5286 was waived. I H. Received and filed the Police Services Study quarterly progress report. 1. Received and filed the Main Street Holiday Parade update. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PUBLIC HEARING / RESOLUTION NUMBER 5284 - HOUSING AND COMMUNITY DEVELOPMENT IH/CD) PROGRAM YEAR 2005-2006 GRANT APPLICATION Mayor Yost declared the public hearing open to consider the Housing and Community Development Program Grant Application for Program Year 2005-2006. The City Clerk certified that notice of the public hearing was advertised as required by law and reported no communications received for or against this item. The Director of Development Services explained that the purpose of the public hearing was to receive comments from the public regarding the proposed grant application to the County of Orange Housing and Community Development Program for Year 2005-2006, the funds are generated from the federal government to the County under the Urban County Program, Seal Beach is one of fifteen non- entitled cities by having a population of less than 50,000. He noted that the Citizens Participation Committee met and recommended the following 2005-2006 CDBG Application projects: Sewer Line Relining/Curb, Gutter and Sidewalk Replacement - 12th /l3u Street Alley and 13th Street; Handicapped Accessible Ramps at Street Intersections - Old Town; ADA Accessibility Improvements - City Facilities; and Leisure World ADA Housing Rehabilitation Program. The Director reported that the Committee recommended, and staff concurred, that matching funds for two of the projects should not come from the City's General Fund, the Sewer Capital Enterprise Fund should be used for the Sewer Repair Project and that the Redevelopment Agency Low and Moderate Income Housing Assistance Program Fund be used for the Leisure World ADA project. I Mayor Yost invited members of the audience wishing to speak to this item to do so at this time. Mr. Jim Caviola, Seal Beach, stated his desire to closeout the Redevelopment Agency and objected to the use of RDA monies for matching funds in Leisure World if the application is approved. Dr. Robert Goldberg, Seal Beach, said that the $400,000 matching funds for the grant should come from sources other than the General Fund, questioned funding for Leisure World ADA upgrades to homes, and supported the 13th Street inclusion in the I '-''''''-.- ';--~.,....." ....... ....,. :" 11-8-04 I application. Ms. Sue Corbin, Seal Beach, questioned the vote of the Citizens participation Committee, wanted to know if the Council was aware of the descending votes, she would like to see the Committee meet year round and regularly and not rubber stamp recommendations from the City Manager or staff, also asked that Councilman Ybaben check with counsel as to whether there is a conflict of interest by serving as a member of the Council and as a member of the tennis facility board, and she believed that the residents of Leisure World are not poor and do not need assistance to fix up their homes. Ms. Joyce Parque, Seal Beach, stated that the grant money the City is applying for is taxpayer money and they should receive some of that money back. There being no other speakers, Mayor Yost declared the public hearing closed. At the conclusion of comments by the Council, the Director of Development Services clarified that matching funds for Leisure World would come from the 20% set aside should the Redevelopment Agency have funds in that program, the City has also applied for funds under the CalHome program, the application is awaiting approval. The Director also clarified that the Citizens Participation Committee vote was three in favor, zero in opposition, and two members were absent, and noted that the City did not receive the application until October 20th, the deadline to apply was November l5th, the County provides the City only a short time period to put together an application. I Larson moved, second by Antos, to adopt Resolution Number 5284 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING THE CITY'S PARTICIAPTION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE, PROGRAM YEAR 2005-2006." as revised with regard to project description. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried ZOETER SCHOOL / DAY CARE SITE UPDATE The Director of Public Works presented a brief status report with regard to the Zoeter School day care facilities and an update as to what staff has been doing with regard to the Sun 'N Fun re-certification. The Director reported that a letter was sent to the operator of Under the Rainbow and to the parents that were known informing them of the information the Public Works Department had collected as well as additional information regarding lead blood tests, he also referred to the survey report prepared by the environmental testing firm, and a list of alternatives for future consideration of the site. I Councilman Antos requested that a committee be formed to study the future of the remaining part of the building and different types of uses considered separate from the AdHoc Citizens Advisory Committee; Mayor Yost agreed, mentioning the fact that this area is zoned Public Land Use therefore staff should present a report of a possible AdHoc Committee comprised of the Park and Recreation Commission, along with representation from the Sun 'N Fun Co-op, for consideration of alternative uses for the property and/or building. Antos moved, second by Ybaben, to receive and file the Asbestos, Lead and Mold Baseline Sampling Report prepared by Pacific Environment Company of Laguna Niguel on the Zoeter School day care site at 357 - l2u Street. 11-8-04 AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried AD HOC CITIZENS' ADVISORY COMMITTEE / STREET. STORM DRAIN. and FACILITY IMPROVMENTS - FORMATION The City Manager stated that as a result of the Town Hall meeting following the rain storm the Council requested staff to consider the formation of an AdHoc Advisory Committee to look into the best method to finance improvements to streets and storm drains affected by major flooding, and said improvements should not affect the General Fund, the Manager also reminded that there are other facility issues that need to be addressed, that the reason for including facilities as part of the study for funding. The Committee members would be appointed by the Council, will meet monthly for six months, and submit a report to the Council in July. I After deliberation, the Council recommended deleting the two Council members from the Committee organization, also reference to deleting "Facility" from the proposed Resolution, requested staff to bring to Council for final consideration the make-up of the committee and to more clearly define what is expected. from the Committee report. Yost moved, second by Larson, to adopt Resolution Number 5287, at this time pending consideration of further revisions, the City Attorney read the title as amended, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CREATING AN AD-HOC COMMITTEE ON STREET AND STORM DRAIN IMPROVEMENTS", the reference to "Facility" deleted throughout the document, in Sections 2 and 5 delete reference to "City Council members", and a statement added to Section 5 to read "The Street and Storm Drain Improvements Committee shall fully comply with the Brown Act." I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried DISCUSSION JOINT POWERS AUTHORITY {JPAI / LOS CERRITOS - HELLMAN WETLANDS The City Manager reviewed the staff report and the advantages of forming a Joint Powers Authority between the City of Seal Beach, City of Long Beach, the Rivers, Mountains Conservancy (MRC), County of Orange, and other State agencies to acquire, plan, rehabilitate, manage and maintain the Los Cerritos wetlands that includes the Hellman wetlands. The Manager stated that prior to staff continuing with the concept of the formation of the JPA it is important for the Council to review the outlines prepared by the RMC and provide comments and direction to staff. Councilman Ybaben requested more information as to long-term ramifications with regard to the Hellman property and history. Mayor Yost offered that this will be the last opportunity to get the wetlands restored and into the public hands. Yost moved, second by Larson to proceed with the formation of a Joint Powers Authority between the cities of Seal Beach, Long Beach, the Rivers and Mountains Conservancy (RMC), County of Orange and other State Agencies. I AYES: NOES: ABSTAIN: Antos, Larson, Levitt, Yost None Ybaben Motion Carried """... l,,"~ ~ ~ . .:;,~?l ~....,. 11-8-04 / ll-22-04 I lOO-YEAR STORM UPDATE REPORT The Director of Public Works mentioned that a report relating to the October l7, 2004 lOO-year storm was provided the Council on October 19th as well as to the newspapers. The Director gave a brief update as to what has been done since the October 17th storm, a Town Hall meeting where residents could complete damage assessment cards for the City to file with the County to seek assistance from the Federal Emergency Management Agency, information was provided to local residents and businesses of disaster assistance resources, and working with the Police Department to explore an early warning system as well as refine the reverse 9ll system. Councilman Levitt suggested that the City provide assistance to the seniors who need to get sandbags. Larson moved, seconded by Ybaben, to receive and file the lOO-year Storm Update Report. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until December 13th, 2004 at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 8:45 p.m. I By action of the Council on January 12, 2004 the regular meeting scheduled for November 22, 2004 was canceled due to the Thanksgiving holiday. ~ ri ( /J1~ ?U;/}1(/!1.,1 Ci Y lerk and ex-off~cio clerk of the City of Seal Beach Approved: ~or Attest: ~~ hQ~1 C~ty lerk I Seal Beach, California November 22, 2004 The regularly scheduled meeting to be held on this date was canceled by action of the City Council on January 12, 2004. 14" (] I ~ N)(j~/)f-0~ City lerk and ex-officio clerk of the City of Seal Beach