Loading...
HomeMy WebLinkAboutCC Min 2004-12-13 12-13-04 Seal Beach, California December 13, 2004 Mayor Yost called the regular adjourned session of the Seal Beach City Council to order at 6:30 p.m. in the city Manager's Conference Room. ROLL CALL Present: Mayor Yost Councilmembers Larson, Levitt, Ybaben Councilmember Antos I Absent: Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mrs. Devine, City Clerk Yost moved, second by Larson, to excuse the absence of Councilmember Antos from the regular adjourned meeting. AYES: NOES: ABSENT: Larson, Levitt, Ybaben, Yost None Antos Motion carried CLOSED SESSION The Mayor advised this would be the time for members of the public to address the Council on any item listed on the Closed Session agenda. There being no speakers, the City Attorney announced that the City Council would meet in Closed Session pursuant to Government Code Section 54956.9(a) to confer with legal counsel with regard to existing litigation, Rodi vs. City of Seal Beach, et al., OCSC Case No.04CCl0649, and pursuant to Government Code Section 54957.6 to confer with the labor negotiator relating to the Police Officers' Association and Police Management Association. The Council adjourned to Closed Session at 6:32 p.m. I Indication was that there was no reportable action taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:05 p.m. clerk Approved: AJtym I Attest: ~,~ ~~I C~ty lerk I I I ..\-.. '" 12-13-04 Seal Beach, California December 13, 2004 The City Council of the City of Seal Beach regular meeting commenced at 7:08 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Absent: Mayor Yost Councilmembers Larson, Levitt, Ybaben Councilmember Antos Also present: Mr. Bahor'ski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Vukojevic, Director of Public Works/ City Engineer Ms. Arends-King, Director of Administrative Services Chief Sellers, Police Department Mrs. Devine, City Clerk Yost moved, second by Larson, to excuse the absence of Councilmember Antos from this meeting. AYES: NOES: ABSENT: Larson, Levitt, Ybaben, Yost None Antos Motion carried APPROVAL OF AGENDA Mayor Yost requested Item "X" 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: Larson, Levitt,Ybaben, Yost None Antos Motion carried PRESENTATION WATER OUALITY IMPROVEMENT PROJECT - BOLSA CHICA FLOOD CHANNEL - COUNTY OF ORANGE Mr. Larry McKenney, Manager, Orange County Watershed and Coastal Resources Division, presented a powerpoint update on the Anaheim Bay-Bolsa Chica Watershed and Management Plan. Mr. McKenney stated that in December 2004 they will start engineering designs for the Bolsa Chic a Channel treatment wetlands for the purpose of improving water quality flow through the Bolsa Chic a Channel into Huntington Harbour and Anaheim Bay, the treatment wetlands system project for the Seal Beach Naval Weapons Station will commence in the summer or fall of 2005, ongoing information will be posted on their website, www.ocwatersheds.com. ORAL COMMUNICATIONS Mayor Yost declared Oral Communications to be open. Ms. Jennifer Gonzalez, Public Affairs Manager for Southern California Gas Company, spoke to Item "Z", amendments to Titles 6 and 9 of the Seal Beach Municipal Code, indicating that the utility company had submitted their concerns to the City and thanked the staff for working with them. Ms. Joyce Parque, Seal Beach, made statements regarding the comment letter on the Sunset Marina boat yard, criticized the 12-13-04 donation of a tree to the City of Seal Beach by the City Attorney firm, discussed the fees charged by the attorney firm, and claimed that over the past twenty years the attorney firm has been involved in several contracts that have cost the City a lot of money. Ms. Sue Corbin, Seal Beach, mentioned that Mr. Narang, Director of Leisure World, is on leave of absence, said that the Council is not doing their job, the City has had terrible management over the past six years, the City Attorney was negligent on Trailer Park situation, and mentioned that she submitted a Freedom of Information Act request for information about cell phone use. Ms. Kathy Duran, Seal Beach business owner, spoke about Item "U", the Fats, Oils, and Grease Fee Implementation Plan, said she did not agree that restaurant owners have to carry the burden of the fees, consideration should be given to charging residents two dollars on their sewer fees, and the twenty-two beauty shops should also have to pay the fee. There being no other speakers, Mayor Yost declared Oral Communications closed. I CITY ATTORNEY REPORT The City Attorney mentioned that the law firm of Richards, Watson, and Gershon has made donations to the City of Seal Beach over the years such as donations for McGaugh pool, the reconstruction of the pier, and this year a donation of a tree to be planted in the City. On behalf of the City, Mayor Yost thanked the City Attorney and his firm. CITY MANAGER REPORT The City Manager noted that this is the last Council meeting of the year and wished the public and City staff a Merry Christmas. He also mentioned that the City Council Chambers will be refurbished starting December 14th, the Chambers have not be remodeled in over thirty years. I COUNCIL COMMENTS Councilmember Ybaben conveyed his best wishes to everyone for the holiday season, said he looks forward to a new year, and thanked the residents in District Four for their support. Mayor Yost announced that Dr. Sean Stewart recently passed away, he was an active resident, had a cable show on SBTV, he will be missed. COUNCIL ITEMS AD HOC CITIZENS' ADVISORY COMMITTEE / STREET AND STORM DRAIN IMPROVMENTS - RESOLUTION NUMBER 5287 Mayor Yost suggested an amendment to Resolution Number 5287 to reflect that appointments to the Ad Hoc Committee do not have to reside in the respective Council Districts. There was no objection expressed by the Council. Larson moved, second by Levitt, to amend Section 2 of Resolution Number 5287 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CREATING AN AD-HOC COMMITTEE ON STREET AND STORM DRAIN IMPROVEMENTS" as mended to replace the language that the "City Council shall appointment two members from each district to the Committee" with the language to read "Each City Councilmember shall appoint two members to the committee". By unanimous consent, full reading of Resolution Number 5287 was waived. I AYES: NOES: ABSENT: Larson, Levitt, Ybaben, Yost None Antos Motion carried .""".. I I I ',f,' 12-13-04 Ybaben moved, second by Larson, to approve appointments to the AdHoc Street and Storm Drain Improvement Committee: District,One - Bruce Bennett and Marilena Dalbey, District Two - Ph~l O'Malley and Seretta Fielding, District Three - Dr. Robert Goldberg and Gary O'Neil, District Four - James Biery and James Ingram, and District Five - Kenneth Edwards and James Gilbert. AYES: NOES: ABSENT: Larson, Levitt, Ybaben, Yost None Antos Motion carried Yost moved, second by Larson to appoint Mr. James Watson, Watson and Associates, as the at-large business representative. AYES: NOES: ABSENT: Larson, Levitt, Ybaben, Yost None Antos Motion carried The City Manager stated that the Committee would determine the schedule of meetings, the first meeting to take place on Monday, January 17th from 6:30 p.m. to 9:00 p.m. and the public is encouraged to attend. The Committee schedule is as follows: January - overview, February - assess city-wide drainage system, March - assess city-wide street system, April - funding options, May - formulation of priority projects and funding alternatives, and June - finalize report to Council. The Director of Public Works gave a brief update on the Westend Pump Station project and acquisition. APPOINTMENT - CITIZENS PARTICIPATION COMMITTEE Levitt moved, seconded by Yost, to appoint Ms. Irene Courtney, as the District Five representative to the Citizens participation Committee for the unexpired term ending July 2006. AYES: NOES: ABSENT: Larson, Levitt, Ybaben, Yost None Antos Motion carried CONSENT CALENDAR - ITEMS "E" throuah "W" Larson moved, second by Ybaben, to approve the recommended action for items on the Consent Calendar as presented, except Item "X" removed for separate consideration. E. 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 ordinance. F. Approved the minutes of the November 8, 2004 joint regular adjourned City Council and Redevelopment Agency meeting and the City Council regular meeting, minutes of the June 7 and 8, 2004 City Council Budget Workshop sessions. G. Approved regular demands numbered 48528 through 49058 in the amount of $2,944,266.08, ADP payroll demands numbered 13413290 through 13413361 in the amount of $175,381.63, demands numbered 13679527 through 13679596 in the amount of $174,699.40, demands numbered 13958434 through 13958493 in the 12-13-04 amount of $187,458.39, and authorized warrants to be drawn"on the Treasury for same. H. .Received and filed the Monthly Investment Report for October, 2004 I. Approved cancellation of Council meetings scheduled for January 10, 2005, March 28, 2005, June 27, 2005, August 22, 2005, October 10, 2005, November 28, 2005, and December 26, 2005. I J. Adopted Resolution Number 5288 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING REVISED DESIGNATED POSITONS, DISCLOSURE CATEGORIES AND REPEALING RESOLUTION NUMBER 5095." By unanimous consent, full reading of Resolution Number 5288 was waived. K. Adopted Resolution Number 5289 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING CLASSIFICATION AND SALARY RANGE FOR THE POSITION OF PART-TIME PAYROLL CLERK." By unanimous consent, full reading of Resolution Number 5289 was waived. L. Adopted Council Policy regarding Public Art on City property. M. Adopted Resolution Number 5290 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING LOT LINE ADJUSTMENT NO. LL-04-02 FOR PARCEL 1 AND PARCEL 2, ALSO KNOWN AS 234 - 13TH STREET." By unanimous consent, full reading of Resolution Number 5290 was waived. I N. Approved surplus sale of two existing para-transit buses and authorized staff to accept two replacements offered by Orange County Transportation Authority for the Senior Bus Program at no cost to the City. O. Approved the plans and specifications for the Annual Street Seal Program, Project No. 50176, and authorized staff to initiate the bidding process. P. Approved the plans and specifications for the Annual Paving Rehabilitation Program, Fiscal Year 2004/2005, Project No. 50173, and authorized staff to initiate the bidding process. Q. Authorized staff to re-initiate bidding process for decommissioning/demolition of Water Well No.7, Project No. 50072. R. Adopted Resolution Number 5290-A entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 05-09, FOR CONTRACT PROFESSIONAL SERVICES TO UPDATE THE CITY EMERGENCY OPERATIONS PLAN." By unanimous consent, full reading of Resolution Number 5290-A was waived. I S. Adopted Resolution Number 5291 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL ..",>oR I I I 12-13-04 BEACH APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SEAL BEACH AND ZIMMERMAN CONSULTING ENGINEERS FOR DEVELOPMENT PLAN CHECKING." By unanimous consent, full reading of Resolution Number 5291 was waived. T. Adopted Resolution Number 5292 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 05-10, FOR THE STEAM CLEANING OF MAIN STREET SIDEWALK." from Ocean Avenue to Pacific Coast Highway. By unanimous consent, full reading of Resolution Number 5292 was waived. U. Approved the Fats, Oils, and Grease (FOG) Control Program Manual and permit for Food Service Establishments (FSE's) and a three-year fee implementation plan. V. Adopted Resolution Number 5293 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE THIRD AMENDMENT TO AN AGREEMENT BETWEEN SEAL BEACH AND AMPCO SYSTEM PARKING INC. FOR BEACH PARKING FEE COLLECTION," the term of said agreement a period of three years, and authorized the City Manager to execute said agreement on behalf of the City. By unanimous consent, full reading of Resolution Number 5293 was waived. W. Adopted Resolution Number 5294 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AMENDMENT NO. 1 TO AN AGREEMENT BETWEEN SEAL BEACH AND QUECORE FOR COMPUTER NETWORK MAINTENANCE SERVICES." By unanimous consent, full reading of Resolution Number 5294 was waived. AYES: NOES: ABSENT: Larson, Levitt, Ybaben, Yost None Antos Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "X" - RESOLUTION NUMBER 5295 - MANAGEMENT AND OPERATION AGREEMENT - SEAL BEACH TENNIS CENTER - MAINTENANCE SERVICES FUNDS The City Manager reported that the agreement for management and operation of the Tennis Center is proposed with Mr. Eric Stephens, one of the RFP respondents, however not the person named in the agreement at the time the agenda was printed, the terms of the agreement however, did not change. He noted that a second issue relates to authorization to provide funding from the Bixby mitigation monies for maintenance of the Center for a two-year period at approximately $160,000 per year. Council discussed at length the funding source for maintenance, there was differences of opinion as to how the mitigation funds from Bixby Company should be spent, it was noted too that the role of the Council is to oversee and set policy not to micro-manage, the indicated understanding by a majority of the Council was to use the mitigation funds for the improvements to the Center and not use General Fund monies. Councilmember Ybaben moved to only adopt the Resolution and continue the decision on the maintenance funding. There was no second to the motion. Councilmember Larson moved a substitute motion to continue the entire agenda item. There was no second to the motion. 12-13-04 Yost moved, second by Levitt, to adopt Resolution Number 5295 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN AGREEMENT FOR THE OPERATION AND MAINTENANCE OF SEAL BEACH TENNIS CENTER", and authorize funding not to exceed $160,000 annually for City maintenance of the Center for a two-year period. The City Attorney clarified that adoption of the Resolution approves the agreement with Mr. Eric Stephens to manage and operate the Seal Beach Tennis Center as well as authorizes expenditure of not to exceed $160,000 annually for City maintenance of the Center for a period of two-years. By unanimous consent, full reading of Resolution Number 5295 was waived. I AYES: NOES: ABSENT: Larson, Levitt, Yost Ybaban Antos Motion carried It was the order of the Chair to declare a recess at 8:25 p.m. and Mayor Yost reconvened the meeting at 8:38 p.m. PUBLIC HEARING / RESOLUTION NUMBER 5296 - FEES AND CHARGES - GOODS, SERVICES, AND FACILITIES Mayor Yost declared the public hearing open to consider establishing revised fees and charges for goods, services, and facilities provided by the City. 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 presented the staff report relating to proposed minor revisions of the Comprehension Fee Schedule. The proposed changes include: Section 1. Administrative Fees - a copy of full Municipal Code from $70.00 to $100.00 Section 4. Police Fees - Street Sweeping Violation from $25.00 to $35.00; Section 5. Public Works Fees - Fats, Oils, and Grease (new fee); Section 7. Filming Fees - Business Licenses from $167.00 to $178.00, rates for Use of City Personnel, seasonal rates for Use of City parking Lots; all other fees remain as adopted by Resolution Number 5249. I Mayor Yost invited members of the audience wishing to speak to this item to do so at'this time. Ms. Sue Corbin, Seal Beach, stated she objected to the increases on general principals, she believes there are too many people at City Hall, that staff time is tied to the increases, and that the increases cannot be justified to the public. There being no other speakers, Mayor Yost declared the public hearing closed. Ybaben moved, second by Larson, to adopt Resolution Number 5296 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING FEES AND CHARGES FOR GOODS, SERVICES AND FACILITIES PROVIDED BY THE CITY OF SEAL BEACH AND SUPERSEDING INCONSISTENT PROVISIONS OF RESOLUTIONS 4114, 4195, 4234, 4250, 4442, 4494, 4499, 4519, 4545, 4550, 4650, 4718, 4910, 5032, 5141, 5154, AND 5249." By unanimous consent, full reading of Resolution Number 5296 was waived. I AYES: NOES: ABSENT: Larson, Levitt, Ybaben, Yost None Antos Motion carried ,-,........ .-. I I I 12-13-04 ORDINANCE NUMBER 1521 - AMENDMENTS - TITLE 6 (FRANCHISES) - TITLE 9 (PUBLIC PROPERTY. PUBLIC WORKS, BUILDING REGULATIONS) SEAL BEACH MUNICIPAL CODE The Director of Development Services presented a brief staff report regarding the proposed amendments to Title 6 and Title 9 of the City Code, indicated that staff and the City Attorney met with interested utilities and service providers, reviewed written correspondence about possible revisions, all changes set forth in the staff report. Larson moved, second by Levitt, to approve the introduction and first reading of Ordinance Number 1521 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING TITLES 6 AND 9 OF THE SEAL BEACH MUNICIPAL CODE." City Attorney read in full the title of Ordinance Number 1521. By unanimous consent, full reading of Ordinance Number 1521 was waived. AYES: NOES: ABSENT: Larson, Levitt, Ybaben, Yost None Antos Motion Carried SUNSET HARBOUR MARINA - BOAT LAUNCH PARKING - DRY BOAT STORAGE EXPANSION - ENVIRONMENTAL IMPACT REPORT The Director of Development Services noted that the Council received the Draft Environmental Impact Report in June, 2004, the County has now prepared supplemental documents to the DEIR. Council consideration of the proposed comment letter to the Orange County Board of Supervisors addressing the remaining concerns of the City regarding the proposed project which primarily relate to a flow diversion system, sewer service, and inclusion of a light and glare buffering feature for the least tern nesting area west of the existing boat launch facility. Ybaben moved, second by Larson, to approve the comment letter regarding the Sunset Harbour Marina Boat Launch Parking and Dry Boat Storage Expansion, authorize the City Manager to sign said letter, forward copies of same to the Planning Commission and the Environmental Quality Control Board for information purpose, authorize the Director of Development Services to attend the Board of Supervisors meeting to address the issues of the City, and receive and file the staff report. AYES: NOES: ABSENT: Larson, Levitt, Ybaben Yost Antos Motion Carried Mayor Yost requested the appointment of Councilmember Levitt to the Orange County Vector Control Board for a term of four- years be placed on the January 24th, 2005 agenda. 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 January 24th, 2005 at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 8:56 p.m. in memory of Dr. Sean Stewart. By action of the Council on January 12, 2004 the regular meeting scheduled for December 20th, 2004 was canceled due to 12-13-04 I 12-27-04 I 1-10-05 I 1-24-05 the Holiday Season, and the January 10th, 2005 meeting was canceled due to the refurbishing of the Council Chambers. clerk Approved: M~ ~y{21<~ I Attest: Seal Beach, California December 27, 2004 The regularly scheduled meeting for this date was canceled by action of the City Council on January 12, 2004. I clerk Seal Beach, California January 10, 2005 The regularly scheduled meeting for this date was canceled by action of the City Council on December 13, 2004. it Clerk and of the City of clerk I Seal Beach, California January 24, 2005 Mayor Yost called the regular adjourned session of the Seal Beach City Council to order at 6:30 p.m. in the City Manager's Conference Room.