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HomeMy WebLinkAboutCC Min 2005-04-11 04-11-05 Seal Beach, California April 11, 2005 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 Council members Antos, Larson, Levitt, Ybaben None I Absent: Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mrs. Devine, City Clerk The Mayor advised that this would be the opportunity for members of the public to comment upon the items identified on the agenda. There were no comments. CLOSED SESSION The City Attorney announced that pursuant to the Brown Act the Council would meet in Closed Session pursuant to Government Code Sections 54956.9(b) to confer with legal counsel. anticipated litigation, 54956.8 to confer with the real property negotiator, and 54956.9(a) to confer with special counsel on Rodi v. City of Seal Beach, OCSC 04 CC 10 649 and City of Seal Beach v. County of Orange, OCSC 05 CC 04518. The Council adjourned to Closed Session at 6:31 p.m. and reconvened at 7:04 p.m. The City Attorney reported that Council gave direction to special counsel for item "C", gave direction to negotiators on item "B". noted that Mayor Yost recused himself from Closed Session during the discussion of item "B" due to a possible conflict of interest, the conference with I real property negotiators relating to Oakwood Land Purchase, and the City Attorney recused himself during the discussion of item "C". City of Seal Beach v. County of Orange, 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 7:05 p.m. ~,j~ ity lerk 1nd ex-officio clerk of the City of Seal Beach Approved: 0/ Mayor Atte~ ~~ ~/YY;"/ City lerk I ",-.,.,!,.:(-~.:..- 04-11-05 Seal Beach, California April 11, 2005 The City Council of the City of Seal Beach met in regular session at 7:15 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Yost Council members 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 Ms. Arends-King, Director of Administrative Services Ms. Yostuya, Assistant City Manager Chief Sellers, Police Department Captain Kirkpatrick, Police Department Mrs. Devine, City Clerk I The City Attorney reported that in Closed Session Council gave direction to special counsel on item "C" 1) Rodi v. City of Seal Beach, OCSO 04 CC 10649 and 2) City of Seal Beach v. County of Orange, OCS 05 CC 04 518, gave direction to real property negotiators on item "B" regarding Oakwood Land Purchase. The City Attorney also stated Mayor Yost recused himself from item "B" due to a possible conflict of interest and the City Attorney recused himself during the discussion of item "C" 2) City of Seal Beach v. County of Orange, there was no other reportable action taken. APPROVAL OF AGENDA Mayor Yost stated agenda items removed from the Consent Calendar for separate consideration were "T" request from member of the public, "U" and "V" requested by Council member Antos, and "Z" requested by Council member Ybaben. Antos moved, second by Ybaben, to approve the order of the agenda as revised. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PRESENT A TIONS/PROCLAMA TIONS I ORANGE COUNTY CHILD ABUSE SERVICES TEAM Chief Sellers explained that the Child Abuse Services Team (CAST) is a group of agencies that work together to provide a child-friendly approach to conducting child abuse investigations. Mr. Nat Glover representing the Orange County District Attorney's office read a letter from the Orange County District Attorney, Mr. Tony Rackauckas, expressing recognition to the Seal Beach Police Department for their participation in CAST. Ms. Jan Grotewald, representing CAST, presented the Seal Beach Police Department with a plaque honoring their fifteen years in partnership with CAST and provided Council with literature about CAST services. . PROCLAMATIONS Mayor Yost proclaimed the following: A. Sunday, April 10, 2005 the day to support the National Multiple Sclerosis Society, present to receive the proclamation was Natalie Martinez, Program Director for Orange County Chapter. 04-11-05 E. Month of April as "Donate Life Month", present to receive proclamation was Jennifer Allard, representative for One Legacy and the California Donate Life organ and tissue registry. April 10th to 16th, 2005 as "Crime Victims' Rights Week", no one was present to receive the proclamation. April 10th to 16th, 2005 as "National Public Safety Dispatchers Week". Chief Sellers introduced West Comm dispatchers Kristin Berry, Johanna Connell, Kathi Moen, and Lindsay Lenart who were present to receive the proclamation. Month of April as "Fair Housing Month", no one was present to receive the proclamation. I B. C. D. CERTIFICATE OF RECOGNITION - MR. DON W. ALECOCK Council member Levitt presented Mr. Don W. Alecock, resident of Leisure World, with a Certificate of Recognition for his design of the Leisure World Veterans Memorial. EMPLOYEE RECOGNITION Chief Sellers introduced the new members of the Seal Beach Police Department; Officer David DeMass, Officer Joe Hardin, and Captain Jeff Kirkpatrick, newly promoted Sergeant Joe Miller, and recognized Sergeant Ron LaVelle for his fifteen years of service to the Department. ORAL COMMUNITCATIONS Mayor Yost declared the Oral Communications period open. Ms. Elizabeth Kane, Seal Beach Old Town resident and Seal Beach 5/10K Run director, reported there were about 3,300 event participants this year with 315 children under the age of eleven in the 1 K run/walk and 175 students from McGaugh Elementary School, expressed appreciation to the City, Recreation Department, Police Department, over 400 volunteers, and the residents, also stated that grants from the proceeds will be announced in about four weeks. Ms. Barbara I Wright, 46 year Seal Beach resident, read her statement indicating that what makes Seal Beach special would be the City Council, City Staff, and volunteers from different organizations working together, she also spoke to the agenda item relating to the Springfest event being canceled this year and the need to have City support. Ms. Marilyn Redd, Seal Beach Seaside Lions, read a letter from the President of the Seaside Lions, Ms. Karen Russell, stating that the club delivered a letter to Council and City Manager identifying the clubs problems regarding the Springfest and did not receive a response. Ms. Barbara Arnold, member of the Seal Beach Founder's Day committee, announced that the City of Seal Beach will celebrate its 90th Anniversary on October 7th, 8th, and 9th, asked residents to send their ideas for events to the Recreation Department, attention of Carla Watson, and the next committee meeting is scheduled for Monday, April 18th at 7:00 p.m. in the Mary Wilson Library, and invited all clubs and organizations to volunteer to help with this event. Ms. Emily Frazier, co-chair for Seal Beach Founder's Day, gave a brief history of the City and encouraged residents to volunteer and attend the organizational meetings, this event occurs every five years, the festival will be similar to Springfest events with a patriotic theme. Ms. Kristen Huffier, student at Van Gard University in Costa Mesa and campus chapter president for Habitat for Humanity of Orange County, stated that there is a need to bring awareness to the public for more affordable housing and the need for volunteers to help provide more affordable housing in Orange I County. Dr. Robert Goldberg, Chair of the Streets and Storm Drains Improvement AdHoc Committee, announced the next meeting to be on April 21st at 6:30 p.m. in the Council Chambers to hear of the possible financial options, also recognized the Public Works Director for the excellent job of being able to pave more streets this year than originally scheduled. There being no other speakers, Mayor Yost declared Oral Communications closed. It was the order of the Chair, with consent of the Council, to declare a recess at 8:07 p.m. The Council reconvened at 8:17 p.m. with Mayor Yost calling the meeting to order. h'_""'V""--j:. '-;~""lI..,.,...,~, "f~' .r', If."i.,:\lji.. ' 04-11-05 CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The City Manager reported that 548 tons of debris was removed from the beaches during the winter storms and the berm is down with grooming of the area to Occur soon. I COUNCIL COMMENTS Councilman Antos said with Council concurrence, he would like staff and the Planning Commission to look into including a review process for architectural standards in the Main Street Specific Plan for new and major remodel of buildings. Mayor Yost announced that there will be a town hall meeting on April 26th at 7:00 p.m. in the Council Chambers to discuss a Seal Beach Center update as well as anything else residents would like to bring to his attention, commented that the trees at PCH and Main Street need attention also expressed his interest in the City supporting the Springfest event in the future. Councilman Levitt noted that the Orange County Transportation Authority would be at the next Council meeting to bring forward the four alternatives for the expansion to the 405 and 22 freeways and the impacts to the City. COUNCIL ITEMS I RESOLUTION NUMBER 5314 - ORANGE COUNTY TRANSPORTATION AUTHORITY - MEASURE "M" FUNDS The City Manager stated that with the demise of the Centerline project, OCT A has asked cities to support the use of the Measure "M" half cent sales tax funds be earmarked for projects dealing with long term transit needs for the County. Councilman Ybaben said he did not believe in the original transit project and would not support the use of funds to continue any mass transit system. Councilman Antos agreed and he would like to see the funds used for street improvements. Councilman Larson and Councilman Levitt believed mass transit is needed to relieve traffic congestion. Larson moved, second by Yost, to adopt Resolution Number 5314 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SUPPORTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY IN THE EFFORT TO EXPLORE THE USE OF MEASURE M FUNDS FOR TRANSIT PROJECTS." By unanimous consent, full reading of Resolution Number 5314 was waived. AYES: NOES: Antos, Larson, Levitt, Yost Ybaben Motion carried I RESOLUTION NUMBER 5315 - OPPOSING AB 991 (DE VORE) - ORANGE COUNTY VECTOR CONTROL DISTRICT REPRESENTATION Levitt moved, second by Larson, to adopt Resolution Number 5315 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, EXPRESSING THE CITY COUNCIL'S OPPOSITION TO ASSEMBLY BILL 991 (DE VORE) THAT IS SPECIFIC TO THE ORANGE COUNTY VECTOR CONTROL DISTRICT AND WOULD ELIMINATE THE ABILITY OF EACH CITY IN THE DISTRICT TO HAVE DIRECT REPRESENTATION ON THE BOARD OF TRUSTEES." By unanimous consent, full reading of Resolution Number 5315 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried \ CONSENT CALENDAR - ITEMS "J" thru "Z". Larson moved, second by Antos, to approve the recommended action for the items on the Consent Calendar except Items "T", "U", "V", and "Z" removed for separate consideration. . 04-11-05 J. K. L. Approved the waiver of reading in full of all ordinances and resolutions 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 ordinance or resolution. Approved the minutes of the March 14, 2005 regular adjourned and regular meetings. I Approved regular demands numbered 50500 through 50795 in the amount of $1 ,820,020.64, payroll demands numbered 50542 through 50597 in the amount of $180,593.83, and authorized warrants to be drawn on the Treasury for same. M. Received and filed Monthly Investment Report for February, 2005. N. Adopted Resolution Number 5316 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN AGREEMENT BETWEEN SEAL BEACH AND MORELAND & ASSOCIATES FOR ANNUAL AUDIT SERVICES" for a period of three years commencing with fiscal year 2005 with an option to extend for two additional years, and authorized the City Manager to execute said agreement. By unanimous consent, full reading of Resolution Number 5316 was waived. O. Received and filed the Local Agency Formation Commission (LAFCO) Municipal Service Review (MSR) report and authorized the Mayor to sign a comment letter regarding same. P. Approved cancellation of the City Council meeting of May 23, 2005. I Q. Approved the second reading and adoption of Ordinance Number 1533 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING VARIOUS CHAPTERS OF THE CITY OF SEAL BEACH MUNICIPAL CODE (2004 EDITION)." By unanimous consent, full reading of Ordinance Number 1533 was waived. R. Adopted Resolution Number 5317 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING MITIGATED NEGATIVE DECLARATION 05-1, HELLMAN RANCH TANK FARM REPLACEMENT PROGRAM, AND INSTRUCTING STAFF TO FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE." By unanimous consent, full reading of Resolution Number 5317 was waived. S. Approved plans and specifications for construction of a landscaped median along Seal Beach Boulevard between Westminster Avenue and Beverly Manor Road, and authorized staff to initiate the bidding process. W. Bids were received until April 5,2005 at 10:00 a.m. for the Annual Street Seal Program, Project No. 50176, at which time they were I publicly opened by the City Clerk as follows: All American Asphalt Doug Martin Contracting Co. Pavement Coatings Co. Roy Allen Slurry Seal Inc. American Asphalt South Inc. $53,804 $62,561 $64,273 $78,484 $82,980 Adopted Resolution Number 5323 awarding the contract for the Annual Street Seal Program, Project No. 50176, to the lowest ..,...."'h. .~,_;.;> .._ ,..";." 04-11-05 responsible bidder, All American Asphalt, in the amount of $53,804.00, authorized the City Manager to execute the contract on behalf of the City, and authorized staff to add three streets to the original scope of work. By unanimous consent, full reading of Resolution Number 5323 was waived. X. Approved tabling of plans and specifications of Pacific Coast Highway Trail, Project No. 49991. I Y. Approved tabling of plans and specifications for the Seal Beach Boulevard and Pacific Coast Highway Intersection Widening, Project No. 49758. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "T" - RESOLUTION NUMBER 5318 - CONTRACT - HAAKER EQUIPMENT CO. / RESOLUTION NUMBER 5319 - AGREEMENT - MUNICIPAL FINANCE CORPORATION Yost moved, second by Larson, to adopt Resolution Number 5318 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING A CONTRACT AND AUTHORIZING THE DISPENSING OF BIDDING FOR THE PURCHASE OF A BEACH SURF RAKE", it was noted that this was a sole source vendor. I Adopt Resolution Number 5319 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE WITH OPTION TO PURCHASE, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH." By unanimous consent, full reading of Resolution Number 5318 and Resolution Number 5319 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEM "U" - RESOLUTION NUMBER 5320 - CO-SPONSOR 2005 FOUNDER'S DAY CELEBRATION / RESOUL TION NUMBER 5321 - BUDGET AMENDMENT 05-15 Yost moved, second by Ybaben, to adopt Resolution Number 5320 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, OFFICIALLY RECOGNIZING THE 90TH ANNIVERSARY FOUNDER'S DAY CELEBRATION PROGRAM." By unanimous consent, full reading of Resolution Number 5320 was waived. I Antos moved, second by Levitt, to adopt Resolution Number 5321 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 05-15 FOR FUNDING UP TO $5,000 FOR THE CITY'S 90TH ANNIVERSARY FOUNDER'S DAY CELEBRATION" as amended by adding language to read "The appropriated amount of $5,000 is the maximum amount of funds to be contributed by the City as matching funds, dollar for dollar, funds matched would be raised from donors." By unanimous consent, full reading of Resolution Number 5321 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried 04-11-05 ITEM "V" - RESOLUTION NUMBER 5322 - AWARD BID - ANNUAL PAVING REHABILITATION Bids were received until March 31, 2005 at 10:00 a.m. for Annual Paving Rehabilitation FY 04/05, Project No. 50173, at which time they were publicly opened by the City Clerk as follows: All American Asphalt Sully Miller Contracting Co. Orion Contracting Palp Inc. dba Excel Paving Sequel Contractors Bannaoun Engineering Silvia Construction $ 923,238.00 $ 958,091.00 $1,016,562.50 $1,028,592.00 $1,053,269.50 $1 ,104,445.00 $1,116,997.50 I Antos moved, second by Yost, to adopt Resolution Number 5322 to award the contract for Annual Paving Rehabilitation FY 04/05, Project No. 50173, to the lowest responsible bidder, All American Asphalt, in the amount of $923,238.00, authorized the City Manager to execute the contract on behalf of the City, and authorized staff to add three streets to the original scope of work. By unanimous consent, full reading of Resolution Number 5322 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEM "2" - RESOLUTION NUMBER 5324 - BUDGET AMENDMENT 05-16 - MAIN STREET SPECIFIC PLAN AREA SIGN ILLUMINATION STUDY The Director of Development Services explained that after the Planning Commission reviewed several standards set by other cities it was determined that in order for the Commission to adequately address the issue of sign illumination and set standards for Main Street the services of a professional I would be necessary and such study was not anticipated at the time of budget preparation. Councilman Ybaben stated that he did not believe there was a need for the additional expense for a study, after further Council deliberation Larson moved, second by Antos, to adopt Resolution Number 5324 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 05-16 FOR THE MAIN STREET SPECIFIC PLAN AREA SIGN ILLUMINATION STUDY." By unanimous consent, full reading of Resolution Number 5324 was waived. AYES: NOES: Antos, Larson, Levitt, Yost Ybaben Motion carried ITEM "M" - OVERNIGHT PARKING EXEMPTION - ONE DISABLED PARKING STALL The Director of Public Works informed the Council that a request has been made by a local resident for an exemption of one parking stall designated for disabled overnight parking at the 8th Street employee/merchant parking lot. The Director explained that current policy states no public parking is permitted in the lots overnight however, there are two on-street parking spaces on 8th Street for overnight parking for any person displaying a disabled placard, and staff would recommend that if the Council considers approving the exemption that a 72-hour limit be implemented to avoid potential vehicle storage issues. By consensus of I the Council the item was held over until the next meeting, requesting staff to investigate some of the issues that are unclear as to why the request was made. . ITEM "BB" - REVIEW SPECIAL EVENT POLICY AND FEES The City Manager presented a brief history of when and why the $100 fee for a special event permit was established, noting that staff was asked to provide information for review of the current policies and procedures. It was pointed out that the City staff does provide various services to non-profit events as directed by Council. The Council discussed the fact that there is a change in the community, the non-profit organizations are suffering from a lack of volunteers, "";{i.,.,,,,"',,,_,,. ,.....""".(..:.r,,,... r.,".'. 04-11-05 I rising costs, loss of business/Chamber support, and a need to have the next generation take over. The consensus of the Council was to co-sponsor two events/parades a year, one in the winter and one in the spring, to be determined during the budget sessions. It was brought up that subsidizing these events and waiving fees should not impact the funds that operate the City, and should an organization choose to not sponsor an event that the City does not take on the obligation to fund or sponsor the event. It was also the consensus of the Council that this item is brought back with a recommended policy for determining co- sponsorship including cost breakdown for the mid-year budget review so Council can evaluate if there are funds available for the winter parade. 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 Monday, April 25th at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 9:30 p.m. City C erk and ex-officio clerk of the City of Seal Beach Approved: t( Mayor I Attest: ~~ ~(j~~-I City Clerk I