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HomeMy WebLinkAboutCC Min 2005-05-09 05-9-05 Seal Beach, California May 9, 2005 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Pro Tem Antos calling the meeting to order in the City Manager conference room. I ROLL CALL Present: Mayor Pro Tem Antos Council members Larson, Levitt, Ybaben Yost (arrived at 6:34 p.m.) Absent: Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Lee, Human Resource Analyst Mrs. Devine, City Clerk Mayor Yost 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 Manager announced that pursuant to the Brown Act the Council would meet in Closed Session pursuant to Government Code Section 54957(e), City Manager evaluation and Government Code Section 54957.6 to confer with the labor negotiator relating to the City of Seal Beach Police' Officer Association and Police Management Association. The Council adjourned to Closed Session at 6:35 p.m. I ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the meeting at 7:40 p.m. ~Q / L- /(1/ /hI City C erk and ex-o Icio clerk of the City of Seal Beach Approved: ~a2 Mayor Attest: c&/h)L) ~1~~1 City Clerk I 05-09-05 Seal Beach, California May 9, 2005 The City Council of the City of Seal Beach met in regular session at 7:40 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. The City Attorney reported that the Council meet in Closed Session to discuss the items on the agenda; City Manager evaluation and confer with labor I negotiator with regard to the Seal Beach Police Officer Association and Seal Beach Police Management Association, Council gave direction to the labor negotiator, no other reportable action was taken. With consensus of the City Council the Closed Session was adjourned at 7:40 p.m. Mayor Pro Tem Antos continued the order of business because Mayor Yost had laryngitis. ROLL CALL Present: Also present: Mayor Yost Council members Antos, Larson, Levitt, Ybaben 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 Ms. Teague, Senior Planner Mrs. Devine, City Clerk I APPROVAL OF AGENDA Removed for separate consideration agenda item "L" requested by member of the public and agenda item "N" requested by Mayor Yost. Ybaben moved, second by Yost, to approve the order of the agenda as revised. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PRESENT A TIONS/PROCLAMA TIONS Mayor Pro Tem Antos announced the following proclamations and recognition: A. B. C. D. E. F. "May 9-15,2005 - Blue Ribbon Week", proclamation was presented to Seal Beach Police Officers Melanoma presentation and proclamation was continued to June meeting "May 2005 - National Mental Health Month" - no representative present "May 15-21, 2005 - National Public Works Week", proclamation was presented to Director of Public Works on behalf of the Public Works Department "May 2005 - Watershed Awareness Month", proclamation was also presented to the Director of Public Works Officer Steve Chambers was recognized for his 20 years of service to the City of Seal Beach police department. I Mayor Yost announced a book signing at the Seal Beach Red Car Museum on Saturday, May 14th from 12:00 noon to 3:00 p.m. all the proceed from the pictorial book titled "Images of American - Seal Beach" by Laura Alioto will go to the Seal Beach Historical Society, cost is $19.99. " 05-09-05 I ORAL COMMUNITCATIONS Mayor Pro Tem Antos declared the Oral Communications period open. Mr. Eric Stephens, Seal Beach Tennis Center manager, gave an update on the different events at the tennis center and indicated that everything is going as scheduled. Ms. Elizabeth Kane, director for 5/10K Run, announced that grant applications are being accepted, the deadline is May 31 st, and requests must deal in the recreation area. Mr. Chip Allsweet, Pacific West Association of Realtors, spoke regarding item "G" the status of City Business License Tax, does not agree that realtors should have to pay for City business licenses. Other speakers regarding the business license tax fee were Mr. Roger Northrup, Seal Beach hair salon business owner, Mr. Jim Klisanin, 11th StreeUBaytown Realty, and Mr. David Pedneault, First Team Real Estate, manager. Ms. Joyce Parque, Seal Beach, stated she is against raising taxes and the City should cut spending. Ms. Sue Corbin, Seal Beach, expressed her concern over several issues. Dr. Robert Goldberg, Seal Beach, spoke about item "S" the mid-point budget and the updated Capital Improvement Program report. Speakers with regard to City storm drains were Mr. Perry Watson, Catalina Avenue, Ms. Ann Keester, 17th Street, and Ms. Seretta Fielding, Seal Beach Boulevard. 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 No reports were presented. I COUNCIL ITEMS CITY BUSINESS LICENSE TAX - ANTOS Director of Administrative Services presented the staff report and stated that at the request of the Council the Finance Department has worked diligently over the past three years to ensure the City Municipal Code is being enforced regarding collection of business license tax. The Municipal Code gives the Council the option to raise the base tax by the Consumer Price Index (CPI) on an annual basis, current flat rate is $178.00 and the increase CPI is 3.8% allowing the rate to increase to $185.00 for the fiscal year 2005-2006. The staff recommends not implementing the CPI increase for 2005-2006 allowing those required paying the business license tax to adjust to the enforced annual fee payment. The Council deliberated the issue, stating the fee is tax deductible, should consider a three- tier system or lowering the fee amount according to the business annual revenue, and requested staff to provide a report on different scenarios if Council wanted to make a change to the structure of the business license tax fee including the potential revenue loss. Staff reminded the Council they need to consider the conditions of Prop 218 when making any changes. I CONSENT CALENDAR - ITEMS "H" thru "0" Larson moved, second by Yost, to approve the recommended action for the items on the Consent Calendar except items "L" and "N", removed for separate consideration. H. 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. I. Approved the minutes of the April 25, 2005 regular adjourned and regular meetings. 05-09-05 J. Approved regular demands numbered 51127 through 51361 in the amount of $1,085,310.43, payroll demands numbered 51231 through 51280 in the amount of $175,132.87, and authorized warrants to be drawn on the Treasury for same. K. Adopted introduction and first reading of Ordinance Number 1536 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA REVISING THE NUMBERING SYSTEM FOR CHAPTERS 11A (MAPPED STREETS), 21 (SUBDIVISIONS), AND 28 (ZONING) OF THE CODE OF THE CITY OF SEAL BEACH (2004 EDITION), AMENDING CHAPTER 7.55 "PARK USE RESTRICTIONS", SECTION 7.55.010, "PARK USE RESTRICTIONS", SUBSECTION F, AND REPEALING SECTION 4, 5, AND 6 OF ORDINANCE NUMBER 1531." By unanimous consent, full reading of Ordinance Number 1536 was waived. The City Attorney read the title in full for the record and stated second reading and adoption will be at the June 13th Council meeting. M. Approved City of Seal Beach Council Policy: Public Works Labor/Resources for Special Events revision to include Spring Fest Parade as a City Co-sponsored event. The City Attorney stated that the typographical error on page two was corrected, the word holiday was missing "a". I O. Rejected all bids received for the Seal Beach Blvd. Landscaped Median Project, No. 50200, and authorized staff to re-advertise the project as recommended by staff. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "L" - ORDINANCE NUMBER 1534 - ZONE TEXT AMENDMENT NO. 05-1 _ ALLOWS CONVENIENCE MARKETS - AUTOMOBILE SERIVCE STATIONS Ybaben moved, second by Larson, to approve second reading and adoption of Ordinance Number 1534 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28, SECTION 28-2318, "AUTOMOBILE SERVICE STATIONS: PERFORMANCE AND DEVELOPMENT STANDARDS" AND TO ADD SECTION 28-221.5, ADDING A DEFINITION OF CONVENIENCE MARKET (ZONE TEXT AMENDMENT 05-1." By unanimous consent, full reading of Ordinance Number 1534 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEM "N" - RESOLUTION NUMBER 5327 - STEWART & STEVENSON SERVICES. INC. - ON-CALL MECHANICAL SERVICES AGREEMENT The Director of Public Works/City Engineer indicated that Stewart & Stevenson Services, Inc. is the only factory certified representative in the area and it is in the best interest of the City to contract with this sole source vendor to insure I compatibility with the City's existing equipment and mechanical and natural gas engine repairs. Mayor Yost expressed his concern about the response time for repairs and requested that staff provide a clause to the contract agreement that would be more specific on the response time for repairs. Yost moved, second by Levitt, to adopt Resolution Number 5327 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CONTRACT SERVICES AGREEMENT BETWEEN CITY OF SEAL BEACH AND STEWART AND STEVENSON SERVICES, INC. FOR ON-CALL MECHANICAL AND ENGINE REPAIR SERVICES" and bring back to Council an addendum for more specific on-call response time. The City Attorney pointed out a correction on _,,'0. 1 ~ 05-09-05 page 6 number 17 the question mark should be replaced by the word "payment". By unanimous consent, full reading of Resolution Number 5237 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None '., Motion carried I It was the order of the Chair, with consent of the Council, to declare a recess at 9:10 p.m. The Council reconvened at 9:21 p.m. with Mayor Pro Tem Antos calling the meeting to order. PUBLIC HEARING / ORDINANCE NUMBER 1535 - ZONE TEXT AMENDMENT NUMBER 05-2 - AMENDING CITY MUNICIPAL CODE -CHAPTER 28 - SECTIONS 28-801 AND 28-2316 - ADD SECTIONS 28-208.1 AND 28-233.2 - FENCES. WALLS. HEDGES Mayor Yost had declared the public hearing re-opened at the April 23, 2005 Council meeting. . Mayor Pro Tem Antos said this is time to consider the Zone Text Amendment. 05-2, amending Chapter 28, Section 28-801 regarding Minor Plan Review. 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 Senior Planner gave a brief staff report stating that the zone text amendment was continued from the April 25th Council meeting and at Council request courtyard scenario illustrations showing the height of proposed wall were prepared by architect Mr. Kent Trollen and he was available to answer Council questions and staff recommends approval of the zone text amendment as recommended by the Planning Commission. I Mayor Pro Tem Antos announced the Council would receive written and oral communication at this time from members of the public, anyone wishing to speak in favor of the proposed matter: Mr. Kent Trollen, architect for the owners of 355 Thirteenth Street, said he believes this matter is minor in nature and should not require a variance, current code requirements allow the building to be up to the six foot property line why would you not allow a garden wall or arbor entrance, it does not make sense to pay more to go through the variance process than it would cost to construct the garden wall, apply logic and not waste staff time and would recommend to approve this. Mr. Trollen responded to Council comments regarding how much work he has done in the City, stating that this is not like the old days there are no backyards and more residents will want to build garden walls in the front yards for privacy and will maximize lot coverage, and Mayberry will disappea~. Mayor Pro Tem asked for members of the audience wishing to speak in opposition to this matter: Ms. Sue Corbin, Seal Beach, stated that some audience members just want to speak on the matter and not in favor or against it, does not agree with previous speaker, this exception will destroy the look and feel of Old Town, this is not a simple or minor matter, this is still a community, and should go through the variance process for the wall. Dr. Robert Goldberg, Seal Beach, said that he did some homework on this matter since the last meeting and believes it is more complicated than what he first thought, this would apply to single lots and the throughout the whole city not just Old Town, and would like to keep the current process. Ms. Joyce Parque, Seal Beach, said there was special privilege given to the people to build the bed and breakfast, and residents should pay for a variance to put up walls. There being no other speakers the Public Hearing was declared closed. I Councilman Levitt asked for clarification from staff, the Senior Planner said that under the proposed Ordinance the resident would need to go to the Planning Commission for a Minor Plan Review with notification to neighbors within a 100 foot radius and would be a case by case approval and would be consistent with other setbacks and height encroachment. Councilman Larson stated that this is a recommendation from their Planning Commissioners and would believe that the review process would give protection to the neighborhoods, the Commission has a reputation of trying to preserve the character of the City, and variances are not to be given out like site plans. Councilman Ybaben said that it would be easier to maximize the building on the property than to provide privacy in a 05-09-05 fenced yard and passing this Ordinance would be a plus to the City as to what people will do to their property and would be more manageable to keeping down the size of the homes and adding garden space. Mayor Yost expressed his concern that this Ordinance would change the character of the town, does recognize that the Planning Commission is recommending this amendment, has a Minor Plan Review process with notice to the public, and a chance to appeal the decision to the City Council but with his concerns he cannot support this amendment. Mayor Pro Tem Antos believes this is a good idea; this would not adversely change the character of the downtown area to allow people to build I garden walls especially if they have to go through a Minor Plan Review, and giving the neighbors a chance to express their views. Ybaben moved, second by Antos, to adopt introduction and first reading of Ordinance Number 1535 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28, SECTION 28-801 AND SECTION 28-2316, "FENCES. WALLS. HEDGES AND SCREEN PLANTINGS" AND TO ADD SECTIONS 28-208.1 DEFINITION OF "ARBOR," 28-222.5 DEFINITION OF "COURTYARD" AND 28-233.2 DEFINITION OF "FINIAL" (ZONE TEXT AMENDMENT 05-2)." By unanimous consent, full reading of Ordinance Number 1535 was waived. The City Attorney read the title in full for the record and stated that second reading and adoption will be at the June 13th Council meeting. AYES: NOES: Antos, Larson, Ybaben Levitt, Yost Motion carried ITEM "Q" - CITY CLERK POSITION - YBABEN The City Manager gave a brief staff report pointing out that the two surveys show the way other cities select the City Clerk. In Orange County Twenty-six cities appoint their City Clerk either by Councilor City Manager and eight are elected . and of the eight three only attend meetings and not work full time. The role of City Clerk has evolved over the years to a more professional position and many I have college degrees and/or received certification as Municipal Clerks. Seal Beach City Clerk is elected by a citywide vote and is responsible to only the voters and not the Council, City Attorney, or City Manager. There are advantages and disadvantages to either method of selecting a City Clerk; if Seal Beach wanted to change to an appointment it would need a City Charter amendment approved by the voter. Councilman Ybaben said that the position of City Clerk is important to the City as the chief legal record keeper and the position demands relevant knowledge, the community as a whole does not know that the City Clerk is an elected position or what the responsibilities are for that position. He stated that the Council should consider placing a Charter amendment on the 2006 ballot for voters to decide if they want the City Clerk to be elected or appointed and if they vote for appointment the current City Clerk will serve out her term of office. Council comments included that trust is most important to the community, there is a need for experience, should consider hiring the clerk, this could be a popularity contest and not the most qualified being elected, have been fortunate in previous elected City Clerks, did not have a deputy city clerk to run, needs to be totally independent and not influenced by Council or City Manager, past performance does not guarantee future success, give the public a chance to decide, this decision does not reflect the qualifications of the current City Clerk. The City Attorney explained that staff could provide some parameters for the ballot language for the next March election and there I are some unanswered questions on how to phrase the question for the ballot, the issue of the appointment by Councilor City Manager, and the Council is entitled to author both arguments for. and against the Charter amendment. The recommendation is to have a primary question asking if City Clerk should be elected or not, then questions as how to select and not have an advisory ballot because this would require .two elections. Yost moved, second by Ybaben, to have staff provide draft language for Council 'consideration regarding placing a City Charter amendment on the March 2006. ballot to change the City Clerk selection from elected to appointed. 05-09-05 AYES: NOES: Larson, Levitt, Ybaben, Yost Antos Motion carried I ITEM "R" - CITY COUNCIL COMPENSATION - YBABEN The City Manager referred to the City Charter Article IV, Government Code #36516, Ordinance 1311, and survey of the Orange County Cities Council compensations indicating that Council has the authority to increase the current compensation to $623.66. Councilman Ybaben said that since the compensation had not been reviewed since 1990 he wanted Council to consider increasing their monthly salary from $300.00 to $500.00 and did not think this would be unreasonable, also stated that any Councilman could deciine to receive any compensation. Councilmen Antos, Larson, and Yost believe that being on the Council is a community service and until they fix City infrastructure and lower utility user tax they should not consider giving themselves a raise. Councilman Levitt stated that the compensation shows appreciation and that Seal Beach is currently below the average of all Orange County cities of $581.49. Ybaben moved, second by Levitt, to revise Council pay to $500.00 a month starting with the new Council in 2006. AYES: NOES: Levitt, Ybaben Antos, Larson, Yost Motion failed I ITEM "S" - RESOLUTION NUMBER 5328 - 2004-05 MID-POINT BUDGET REVIEW / BUDGET AMENDMENT NUMBER 05-17 - RESOLUTION NUMBER 5329 - 2005-06 MID-POINT BUDGET REVIEW / BUDGET AMENDMENT NUMBER 06-01 The Director of Administrative Services presented a brief report on the Mid-Point Budget Review for fiscal year 2004-05 and fiscal year 2005-06 highlighting the information in the report Council received in their agenda packet. The Director of Public Works/City Engineer referred to the 2005-2006 mid-point updated report on Capital Improvement Program (CIP) stating the addendum shows the added projects and improvements throughout the City for the upcoming year. Councilman Ybaben requested that Council consider having the budget sessions on the odd years to allow the new council members a year on the Council before approving a two-year budget, with consensus of the Council, staff will provide a one year budget for fiscal year 2006-2007 and then start the two year budget cycle. Yost moved, second by Larson, to adopt Resolution Number 5328 entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 05-17, IMPLEMENTING THE FISCAL YEAR 04-05 MID-POINT BUDGET REVIEW." and adopt Resolution Number 5329 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 06-01, IMPLEMENTING THE FISCAL YEAR 05- 06 MID-POINT BUDGET REVIEW." By unanimous consent, full reading of Resolution Number 5328 and Resolution Number 5239 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried CLOSED SESSION No Closed Session was heid. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, June 13th, 2005 at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 11 :03 p.m. J;i"~ j)A::?~ City Clerk and ex-officio clerk of the City of Seal Beach 05-09-05 / 05-23-05 Approved: d.c!,d59- Mayor Attest: ~iI \\;:))/YJ~J City Clerk I Seal Beach, California May 23, 2005 The regularly scheduled meeting of the City Council on this date was canceled by action of the City Council. 4ttcw~ ~j ity Clerk and ex-o Icio clerk of the City of Seal Beach I I