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HomeMy WebLinkAboutCC Min 2005-06-13 6-13-05 Seal Beach, California June 13, 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 in the City Manager conference room. I ROLL CALL Present: Mayor Yost Council members Antos, Larson, Levitt, Ybaben Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Lee, Human Resource Analyst 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. I CLOSED SESSION The City Attorney announced that pursuant to the Brown Act the Council would meet in Closed Session to discuss items on the agenda pursuant to Government Code Sections 54957 City Manager evaluation, and Government Code Section 54957.6 to confer with the Labor Negotiator relating to City Manager, Police Officer Association of the City of Seal Beach, and Police Management Association of the City of Seal Beach. The Council adjourned to Closed Session at 6:31 p.m. and recessed at 7:00 p.m. The City Attorney reported that Council would return to Close Session following the regular business of the City Council meeting. Council reconvened at 11 :20 p.m. - The City Attorney reported Council gave direction to the Labor Negotiator on items "B", "C", and "D" of the agenda, no other reportable action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the meeting at 11 :25 p.m. ~.~ uh '/;lhrl ity Clerk and e -officio clerk of the City of Seal Beach I Approved: bLh_ 4-.P' Mayor Attest: oI!rn~ ~j/W~I . . City erk 06-13-05 Seal Beach, California June 13, 2005 The City Attorney announced that Council recessed Closed Session and would return following the regular business of the City Council meeting to continue the business described on the agenda. The City Council of the City of Seal Beach met in regular session at 7:00 p.m. I with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Council Members Antos, Larson, Levitt, Ybaben Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Vukojevic, Director of Public Works Ms. Arends-King, Director of Finance Captain Kirkpatrick, Police Department Ms. Teague, Senior Planner Ms. Yotsuya, Assistant City Manager Mrs. Devine, City Clerk APPROVAL OF AGENDA Councilman Ybaben requested Item "J" be removed from the Consent Calendar for separate consideration, and Mayor Yost requested Item "0" removed. Antos moved, second by Ybaben, to approve the order of the agenda as revised. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I PRESENT A TIONS/PROCLAMA TIONS RECOGNITION / BOARDS / COMMITTES / COMMISSIONS Mayor Yost expressed Council appreciation for the volunteers and recognized members of City's Boards, Committees, and Commissions - Council Members presented Certificates of Appreciation to their appointees and expressed their thanks for the time and commitment from each member. Mayor Yost announced a recess at 7:18 p.m. for a brief reception honoring the members of the Boards, Committees, and Commission. Council reconvened at 7:40 p.m. with Mayor Yost calling the meeting to order. ORAL COMMUNICATION Mayor Yost declared Oral Communications open. Ms. Mindy Helper, representative of the American Cancer Society, announced "Relay for Life" the first annual event for the Cities of Los Alamitios and Seal Beach to be held on August 5th and 6th at Oak Middle School. Ms. Emily Frazier, 13th Street, reminded everyone the City of Seal Beach Founder's Day - 90th Birthday is scheduled in October and T-shirts and sweatshirts are on sale at the pier on I Saturdays and Sundays with proceeds going to support the City's Park and Recreation Department. Ms. Elizabeth Kane, promotion director for Seal Beach 5/10K Run, announced that the committee received 35 requests totaling approximately $168,000, committee provided grants to 12 organizations with 7 projects being awarded to the City totaling over $10,000, thanked McGaugh School for their participation, and stated next year's run will be in April. Speakers regarding item "00" - Business License Tax: Mr. Tom Morgan, Tru to Form, provide flexibility in amount charged; Ms. Joan Lewis, Coastline Realty, always support community; Ms. Reva Olson, retired realtor, ask brokers to pay more; Mr. Matt Murphee, a director for the Seal Beach Chamber, will not be able to enforce r'f.- ' ; ...;.~w~. 06-13-05 I tiered system; Mr. Roger Northrup, Dublin Hair Salon owner, reject tax overall; Ms. Joyce Parque, Seal Beach realtor, objects to tax; Mr. Jim Klisanin, Seal Beach broker, go after money from Zoeter instead of taxing businesses; Mr. Bob Heenan, president Seal Beach Chamber, oppose tax and Council needs to be transparent in their actions; Mr. Dave Pedneault, First Team Realty, people of Seal Beach will loose if businesses are taxed. Mr. Gordon Shanks, Surf Place, reported that the new owners of the Seal Beach Inn and Gardens are planning to demolish it and build homes; they will need Coastal Commission approval to demolish it and stated that this is a historical site. Mr. Gerad Goedhart, District Manager for OC Vector Control, said he would be attending the Council meetings regularly to provide updates on issues of concern to the community and answer any questions. Ms. Sue Corbin, Seal Beach, questioned item "LL" the City Manager's salary and does not believe the increase is justified. Dr. Robert Goldberg, Seal Beach, commented on agenda items "00" and "LL" would favor the tiered system for business licenses and stated that the Council needs to be transparent regarding the City Manager's benefits. Ms. Rita Brenner, Seal Beach Trailer Park, stated she believes the people have a right to vote for who will be the City Clerk. There being. no other speakers, Mayor Yost declared Oral Communications closed. CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The City Manager informed the Council that staff is making every effort to remind the community and inform surrounding cities that fireworks are prohibited in the City of Seal Beach. COUNCIL COMMENTS No reports were presented. I COUNCIL ITEMS SELECTION - MAYOR Mayor Yost declared nominations open for the position of Mayor for 2005/2006. Yost moved, second by Larson, to nominate Councilman Antos as Mayor. No further nominations were made. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried Councilman Antos was declared Mayor for 2005/2006 and resumed the conduct of the meeting. Mayor Antos presented out-going Mayor Yost with a commemorative gavel plaque from the City. SELECTION - MAYOR PRO TEMPORE Mayor Antos declared nominations open for the position of Mayor ProTempore for 2005/2006. Yost moved, second by Levitt, to nominate Councilman Larson as Mayor ProTempore. No further nominations were made. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried Councilman Larson was declared Mayor ProTempore for 2005/2006. MAYORAL APPOINTMENTS Yost moved, second by Ybaben, to adopt Resolution Number 5330 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CONFIRMING APPOINTMENTS MADE BY THE MAYOR AND COUNCIL OF REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES, AND ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS 06-13-05 AND REPLEALlNG RESOLUTION NUMBER 5252" as revised to reflect added names. Mavor and Council Appointments - 2005/2006 . Charles Antos - Board of Directors of Orange County Sanitation District Paul Yost - alternate Charles Antos - West Orange County Water Board Paul Yost - alternate Michael Levitt - Southern California Association of Governments Paul Yost - alternate John Larson - Orange County Division, League of California Cities Paul Yost - alternate Paul Yost - Santa Ana River Flood Protection Agency Charles Antos - alternate John Larson - Orange County Fire Authority Charles Antos - alternate Ray Ybaben - West Comm - Joint Powers Authority (JPA) Paul Yost - Orange County Library Board Charles Antos - alternate Ray Ybaben - Orange County Transportation Authority, Growth Management Area #2 & Area #6 Michael Levitt - alternate Michael Levitt - Interstate 405 Major Investment Study (MIS) Policy Working Group John Larson - alternate Ray Ybaben - Garden Grove Freeway (SR-22) Improvement Project, City Liaison Michael Levitt - alternate John Larson - Measure "M" Super Committee Charles Antos - Director to JPIA - Joint Powers Insurance Authority (alternates Bahorski & Yotsuya) . . . I . . . . * * * * . * I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried APPOINTMENTS 1 BOARDS AND COMMISSIONS Councilman Larson added Mr. Phil O'Malley as the appointment to the Planning Commission for District Two and announced that Mr. O'Malley has resigned from the Environmental Quality Control Board, declaring a vacancy. Mayor Antos stated that the Parking Management and General Plan/Coastal Plan Citizens Advisory AdHoc Committees should remain active due to potential issues that may need to be dealt with, no objections were made. Larson moved, second by Yost, to approve the appointments and vacancies to the various Boards and Commissions made by the appropriate Council members as revised. Archaeoloaical Advisory Committee District One Keith Dixon (expires 2006) District Two William Hoy (expires 2006) District Three Richard Coles (expires 2006) District Four Bruce Fitzpatrick (expires 2006) District Five Robert "Gene" Vesely (expires 2006) Architectural Review Committee - Tract 9814 District Three (Vacant) I Board of Appeals District Two District Four (Leave Vacant) (Leave Vacant) Citizen Participation Committee - (H/CD Proiects) (No Vacancies) .' 06-13-05 Civil Service Board District Five Penny Mazman (expires 2011) DWP Advisory Committee District Four (remove representative - leave vacant) I Environmental Qualitv Control Board District One Barbara Barton (expires 2009) District Two (Vacant) (unexpired term 2007) Parks and Recreation Commission District One Claudia Higginbotham (expires 2008) District Two Annabeth Goering (expires 2008) PlanninG Commission District Two District Three Phil O'Malley (expires 2009) Gordon Shanks (expires 2009) Proiect Area Committee District One - Resident Member - Lois Lohrke (expires 2007) District One - Resident Member - Virginia Burroughs (expires 2007) District One - Business Member - Dale Case (expires 2007) District Three - Resident Member - John O'Neil (expires 2007) AdHoc ParkinG ManaGement Committee District Four - (remove representative - leave vacant) AdHoc General PlanlLocal Coastal Plan Citizens Advisory Committee District Four - (remove representative - leave vacant) I Ad Hoc Streets and Storm Drains Improvement Committee (No Vacancies - term expires June 2005 - extend by Council action) AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried POLICE SERVICE 1 ROSSMOOR 1 YOST Councilman Yost stated that the Director of the Community Facilities District in Rossmoor, an unincorporated area of Orange County, would like to get a cost quote from the City of Seal Beach Police Department for police services, stated that the practice has been to get Council approval to proceed, and this is only an informal request.. Council consensus was to go ahead with discussions to provide police services. Yost moved, second by Ybaben, directing staff to go forward with this request as long as it does not have any impact the City of Seal Beach. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I CONSENT CALENDAR - ITEMS "C" thru "II" Yost moved, second by Larson, to approve the recommended action for items on the Consent Calendar as presented, except Items "J" and "0" removed for separate consideration. F. 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 Council Members after the reading of the title unless specific request is made at that time for the reading of such resolutions and ordinances. G. Approved the minutes of the regular adjourned and regular meetings of May 9, 2005. 06-13-05 H. Approved regular demands numbered 51362 through 51907 in the amount of $1,878,596.47, payroll demands numbered 51465 through 51513 in the amount of $171,859.60 and 51714 through 51774 in the amount of $180,061.93, and authorized warrants to be drawn on the Treasury for same. I. Received and filed Monthly Investment Report for April, 2005. K. I Adopted Resolution Number 5332 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A LETTER OF AGREEMENT FOR PARKING BETWEEN THE CITY OF SEAL BEACH AND GRACE COMMUNITY CHURCH OF SEAL BEACH". For use of the 8th Street City Hall parking lot from July 1, 2005 to June 30, 2006, this agreement reflects a slight increase in cost from $1,709.91 to $1,788.41 (annual CPI of 5.0%). By unanimous consent, full reading of Resolution Number 5332 was waived. L. Adopted Resolution Number 5333 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE REVISED JOB DESCRIPTION FOR DEPUTY CITY CLERK." The revision emphasizes records management duties. By unanimous consent, full reading of Resolution Number 5333 was waived. M. Adopted Resolution Number 5334 entitled "RESOLUTION OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-02 ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 2005/2006," The tax is used to pay for landscape maintenance along Seal Beach Boulevard and Lampson Avenue - I estimated costs are $125,000. By unanimous consent, full reading of Resolution Number 5334 was waived. N. Adopted Resolution Number 5335 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AGREEMENT BETWEEN THE CITY AND MUNIFINANCIAL FOR GASB STATEMENT 34 INFRASTRUCTURE COMPLIANCE." Governmental Accounting Standards Board (GASB) requires a complete analysis of the City's fixed assets in the second phase of implementing the new financial report model. Adopted Resolution Number 5336 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 06- 02 FOR CONTRACT PROFESSIONAL SERVICES FOR GASB STATEMENT 34 INFRASTRUCTURE COMPLIANCE BY MUNIFINANCIAL," By unanimous consent, full reading of Resolution Number 5335 and Resolution Number 5336 was waived. P. I Adopted second 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 SECTIONS 4, 5, AND 6 OF ORDINANCE NUMBER 1531." By unanimous consent, full reading of Ordinance Number 1536 was waived. Effective in thirty days. o..j 1 06-13-05 Q, Adopted Resolution Number 5337 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE (FY 2006 - FY 2008)." By unanimous consent, full reading of Resolution Number 5337 was waived. I R. Approved introduction of Ordinance Number 1537 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA ADOPTING BY REFERENCE THE 2004 CALIFORNIA ELECTRICAL CODE, iNCORPORATING THE "NATIONAL ELECTRICAL CODE", 2002 EDITION, INCLUDING ALL APPENDICES THERETO, AND AMENDING PORTIONS OF CHAPTER 9.60 OF TITLE 9 OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1537 was waived, S. Received and filed staff report in response to draft EIR - Home Depot, City of Long Beach authorized Mayor and Chairman of the Environmental Quality Control Board to sign response letter stating potential environmental impacts of proposed mixed-use project. T. Received and filed staff report in response to notice of preparation of draft EIR - Seaport Marina Project, City of Long Beach authorized Mayor and Chairman of the Environmental Quality Control Board to sign response letter. regarding potential environmental impacts. I I U. Adopted Resolution Number 5338 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING THE CONVEYANCE OF GUM GROVE PARK PROPERTY FROM HELLMAN PROPERTIES LLC." By unanimous consent, full reading of Resolution Number 5338 was waived. V, Approved the Fiscal Year 2005/2006 budget of the West Orange County Water Board (WOCWB). W. Rejected all bids received for the Sunset Aquatic Park Sewage Pump Station Project No, 49887, per staff recommendation. Staff proposed to do rehabilitation work using, in-house crews and the City's on-call pump station contractor. X. Authorized the reorganization of Public Works staffing in Water and Sewer Divisions: (1) upgrade of one Maintenance Worker II position to Senior Water Operator, (2) upgrade of one Maintenance Worker II position to Water Operator, (3) additional Public Works Supervisor position (leaving the Lead Maintenance Worker classification vacant) and (4) additional Maintenance Worker I position. Y. Adopted Resolution Number 5339 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AGREEMENT BETWEEN THE CITY AND DATANET SOLUTIONS FOR ANNUAL MAINTENANCE OF THE LASERFICHE SOFTWARE." This will support the record management for the City Clerk's Department. By unanimous consent, full reading of Resolution Number 5339 was waived, 06-13-05 Z. Approved the City of Seal Beach Council Policy - Administrative Directive for Council Travel and Meeting Attendance Policy (Section 300 - Index No.9) AA. Adopted Resolution Number 5340 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING HOURLY WAGES FOR PART-TIME SEASONAL AND TEMPORARY EMPLOYEES AND REPEALING ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN I CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 5340 was waived. BB. Adopted Resolution Number 5341 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN, AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR STREET L1GHTIHNG DISTRICT NO.1" and Adopted Resolution Number 5342 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE ANNUAL LEVY AND COLLECTIONS OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO. 1" and Adopted Resolution Number 5343 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO.1, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON." I By unanimous consent, full reading of Resolution Number 5341, Resolution Number 5342, and Resolution Number 5343 was waived. CC. Adopted Resolution Number 5344 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND STEWART AND STEVENSON SERVICES, INC. FOR ON-CALL MECHANICAL AND ENGINE REPAIR SERVICES." This modifies contract approved by Resolution Number 5327 to require an emergency response by the contractor if required by the City. By unanimous consent, full reading of Resolution Number 5344 was waived, DD, Approved final plans and specifications for the City's Navy Water Booster Station and Reservoir Improvements, Project No. 50154, 50155, 50156, and 50167 and authorized staff to initiate bidding process. EE. Adopted seven-year Capital Improvement Program required by the I Orange County Transportation Authority (OCTA) for funding under the Measure "M" program, currentiy receives approximately . $300,000 turn back funding annually and various Measure "M" grant funds. FF. Adopted Resolution Number 5345 entitled" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT FOR CONSTRUCTION WITH THE CALIFORNIA 06-13-05 STATE DEPARTMENT OF TRANSPORTATION (CAL TRANS)." By unanimous consent, full reading of Resolution Number 5345 was waived. GG. Approved the plans, specifications, and estimate for Seal Beach Boulevard and 1-405 Interchange Improvements, Project No. 49750 and authorized staff to initiate the bidding process. I HH. Adopted Resolution Number 5346 entitled "A RESOLUTION OF THE CITY COUNCIL OF SEAL BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ACQUISTION OF REAL PROPERTY WITH EQUITY OFFICE PROPERTIES." Authorize City Manager to execute the agreement for temporary construction easements for the Seal Beach Boulevard and 1-405 Interchange Project No. 49750. By unanimous consent, full reading of Resolution Number 5346 was waived. II. Adopted Resolution Number 5347 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE BID FOR THE SEAL BEACH BLVD. LANDSCAPED MEDIAN PROJECT #50200." By unanimous consent, full reading of Resolution Number 5347 was waived. I Bids were received until Wednesday, June 1, 2005 at 10:00 a,m. for Seal Beach Boulevard Landscape Median, Project No, 50200, at which time the City Clerk publicly opened them as follows: Companv: Alternate A: Alternate B: 1. EBS Inc. $814,503,50 $801,098.50 2. Griffith Co. $831,190.50 $787,890,50 3. Excel Paving Co. $873,845.50 $858,525.50 4. Alliance Streetworks Inc. $827,146.50 $778,792.75 Awarded contract for the Seal Beach Boulevard Landscape Median, Project Number 50200, to Alliance Streetworks. Inc., the low bidder, in the amount of $778,792.75, and authorized City Manager to execute the contract on behalf of the City. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "J" - RESOLUTION NUMBER 5331 - EXTENSION OF TERM - ADHOC STREETS AND STORM DRAINS IMPROVEMENT COMMITTEE Councilman Ybaben requested this item be pulled to amend Resolution Number 5331 - Section 7. to read: "The Street and Storm Drain Improvements Committee shall complete its charge by September 1. 2005 and cease to exist as a committee beyond this date unless extended by action of the City Council." Ybaben moved, second by Larson, to adopt Resolution Number 5331 entitled "A RESOLUTION OF THE CITY COUNCIL OF SEAL BEACH, CALIFORNIA, AMENDING RESOLUTION 5287 EXTENDING THE TERM OF THE AD-HOC COMMITTEE ON STREET AND STORM DRAIN IMPROVEMENTS." By unanimous consent, full reading of Resolution Number 5331 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEM "0" - ORDINANCE NUMBER 1535 - ZONE TEXT AMENDMENT NO. 05-2 Ybaben moved, second by Larson, to adopt 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 06-13-05 "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. City Attorney announced Ordinance 1535 would take effect in thirty days. AYES: NOES: Antos, Larson, Ybaben Levitt, Yost Motion carried PUBLIC HEARING 1 RESOLUTION NUMBER 5348 - ADJUST BIDDING THRESHOLD - PUBLIC WORKS CONTRACTS I Director of Public WorkslCity Engineer stated that the inflation adjustment to the Public Works bidding threshold would increase from $20,000 to $22,400, there has not been an adjustment since 2002, Mayor Antos declared the public hearing open to consider adoption of resolution adjusting Public Works contracts in accordance with Seal Beach City Charter Section 1010. The City Clerk certified that notice of the public hearing was posted as required. Mayor Antos invited all interested persons to testify for or against the proposed matter. Ms. Sue Corbin, Seal Beach, stated her concerns and is opposed to the current bidding process. There being no other speakers, Mayor Antos declared the pubiic hearing closed. Yost moved, second by Larson, to adopt Resolution Number 5348 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONFIRMING AN ADJUSTMENT TO THE BIDDING THRESHOLD ON PUBLIC WORKS CONTRCTS IN ACCORDANCE WITH SECTION 1010 OF THE CITY CHARTER." By unanimous consent, full reading of Resolution Number 5348 was waived, AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PUBLIC HEARING 1 RESOLUTION NUMBER 5349 - COMPREHENSIVE FEE SCHEDULE 2005/2006 Mayor Antos declared the public hearing open to consider adoption of resolution establishing the Comprehensive Fee Schedule for 2005/2006. The City Clerk reported that the notice of hearing was noticed as required and did not receive any communications for or against. The City Manager gave a brief overview noting the changes are listed in the staff report. The Director of Administrative Services noted a correction on page one Section 1.A.9 - should remain at 1 O~ per page copying charge, no other corrections. Mayor Antos invited members of the audience wishing to speak to this item to come to the microphone and identify themselves. Ms. Sue Corbin, Seal Beach, believes that not everyone is paying the fees, not everyone can afford the high cost for public records, there needs to be transparency, and the records belong to the people. Ms. Rita Brenner, Seal Beach, made comments in general not on issue. There being no further comments, Mayor Antos declared the public hearing closed, Councilman Levitt ask a question regarding news rack charges - the Director of Development Services indicated that there was no need for a lottery for news rack placement so the charge was $71.00. I' Yost moved, second by Larson, to adopt Resolution Number 5349 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, 5249, AND 5293" as. corrected. By unanimous consent, full reading of Resolution Number 5349 was waived. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried 06-13-05 ITEM "LL" - CITY MANAGER - CONTRACT - AMENDMENT #4 The City Attorney noted that Council met last month in closed session for the City Manager evaluation and requested more information. The attorney stated the City Manager's contract is a public record and is available in the City Clerk's office. After receiving the requested salary comparison the following revision was made to the City Manager's employment contract - Amendment NO.4: I 1. Subsection i of Section 3A of the CONTRACT relating to base salary is hereby amended to read as follows: "i. Base Salarv, Base salary of $122,500 annually ($10,208,34 monthly) for services rendered for the periOd between February 26, 2001 and June 30, 2002. Base salary of $129,850 ($10,820.84 monthly) for services rendered for the period between July 1, 2002 and June 14, 2005. Base salary of $150,541 ($12,545 monthly) for services rendered beginning on June 15, 2005, BAHORSKI's salary shall be subject to withholding and other applicable taxes, and shall be payable to BAHORSKI at the same time as other employees are paid, BAHORSKI shall be exempt from the overtime pay provisions of California and federal law, The City Council may adjust BAHORSKl's base salary at any time, In addition, the City Council shall annually review BAHORSKl's base salary and may adjust the base salary as deemed appropriate," 2, Section 3A iii of the CONTRACT relating to salary is hereby re-numbered to be Section 3A iv. 3, Section 3A of the CONTRACT relating to salary is hereby amended by adding a new section iii to read as follows: "iii. In addition to the annual evaluation set forth in subsection ii, the City Council shall meet prior to November 30, 2005 to consider increasing BAHORSKl's salary an additional 6%." I Larson moved, second by Yost, to adopt Resolution Number 5350 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AMENDMENT NO. 4 TO THE EMPLOYMENT CONTRACT BETWEEN THE CITY AND JOHN BAHORSKI FOR CITY MANAGER SERVICES" as amended. By unanimous consent, full reading of Resolution Number 5350 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I ITEM "MM" - SPECIAL TAX BONDS - HERON POINTE The Director of Development Services gave a brief report stating that John Laing Homes, developer at Heron Pointe, received Council approval in 2002 and approval for modifications in 2004 due to Coastal Commission delays. The resolution authorizes the salelissuance of special tax bonds for the City's Community Facilities District No. 2002-01 and authorizes the City Manager and Director of Administrative Services to sign all the necessary documents. Mr. Jim Fabian, the City's financial consultant and Mr. Pat Larkin, representative for John Laing Homes were present to answer any Council questions. Council clarification was made by the Director that this is a funding instrument to pay for street lighting, sanitary sewer system, improvements pump station, improvements to Adolfo Lopez Drive, new roads, etc. by the development and not by the rest of the residents or community of the City. Yost moved, second by Ybaben, to adopt Resolution Number 5351 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS OF THE CITY OF SEAL BEACH FOR CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-01 (HERON POINTE) AND APPROVING AND DIRECTING THE EXECUTION OF A FiSCAL AGENT AGREEMENT AND OTHER RELATED DOCUMENTS AND ACTIONS," By unanimous consent, full reading of Resolution Number 5351 was waived. 06-13-05 AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEM "NN" - EMINENT DOMAIN - APN 7242-012-003 - WEST END PUMP STATION Councilman Yost recused himself from the discussion of item "NN" due to a conflict of interest, lives within 500 feet of the property being considered and will abstain on the vote. The City Attorney introduced Ms. Regina Dannier from Richard, Watson, and Gershon a property acquisition specialist. Ms, Dannier gave a brief report stating that the City seeks to acquire land from the Oakwood apartments in order to facilitate the expansion of the West End Pump Station, this was determined to be the most cost effective alternative for the expansion with the least amount of disruption to the surrounding properties. An offer letter was sent to the property owners, has not been able to reach a negotiated acquisition, still in discussion with them, and will continue to work them, Requesting Council to adopt a resolution of necessity and determine four findings: 1) public interest and necessity require the project; 2) the project is planned and located in the manner that will be most compatible with greatest public good and least private injury; 3) the subject property is necessary for the project; and 4) the City made the offer required by Government Code Section 7267.2 to the owners of record of the property. Mayor Antos asked the number of square feet of property that would be acquired - response: 11,044 square feet, will be seeking a temporary construction easement the actual take will be 750 square feet. An offer was made in the amount of $189,400 to the property owners; no counter offer was made, still negotiating the impacts in parking and access to the complex, The property owner was not present to make comments. The City Attorney noted that this resolution would need four affirmative votes. Ybaben moved, second by Larson, to adopt Resolution Number 5352 entitled "A RESOLUTION OF NECESSITY OF THE CITY OF SEAL BEACH DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISTION THEREOF, IN CONNECTION WITH THE IMPROVEMENTS TO THE WEST END PUMP STATION." By unanimous consent, full reading of Resolution Number 5352 was waived. I I AYES: NOES: ABSTAIN: Antos, Larson, Levitt, Ybaben None Yost Motion carried Councilman Yost returned to the Council Chambers. ITEM "00" - BUSINESS LICENSES TAX The Director of Administrative Services went over the questions that have been asked regarding the tiered system since the prior meeting, the information is printed in the staff report. Staff requests that if Council determines a tiered system of business license tax based on gross receiptslrevenues or by another method is appropriate a financial consulting firm be hired to determine the financial impact to the General Fund before the ordinance is adopted, a budget amendment for additional funds to hire staff, recommendations for the necessary budget cuts that may be necessary to match the actual loss of revenue, and give direction to staff regarding the increase of the business license tax by the CPI for the fiscal year 2005-06 ($185.00). Councilman Ybaben requested the numbers I of the 2005 Orange County Affordable Housing Income: this is on a one person household - $16,150 extremely low; $26,900 very low; $43,000 low; $53,000 median; $63,600 moderate, he believes there is rational for the tiered system, and would like to see the same tiered system for all businesses doing business in Seal Beach with an annual income as follows - 1) below $5,000 no charge; 2) $5,000 to $25,000 pay 33%; 3) $25,001 to $50,000 pay 66%; 4) above $50,000 pay 100%. Councilman Levitt said he is against hiring a consultant and should not pass something that cannot be enforced by staff. Mayor Anots agrees not hiring a consultant, in general favors the tiered system, would like look into the idea of charging the owner of the business for number of employees in stead of 06-13-05 I charging the part-time personnel for individual business license, and would like the City Attorney to give a report regarding the ramification of Prop 218 along with what Council options and impacts would be in making changes to the current code. The City Attorney clarified that staff did not explore the issues of Prop 218 because there was not a majority of the Council voicing their agreement for changing to the tiered system. The Director of Administrative Services stated that when she was hired her first charge was to clean up the business licenses and has worked hard the past three years in doing so by enforcing the Municipal Code; it would be easier to enforce a tiered system that is the same for all businesses, the tiered system could cause approximately a $100,000 cut in revenue, and this process would be more time consuming for her staff. Councilman Ybaben pointed out that the Director has been doing her job in enforcing the code and that is why there is such uproar and the Council has to rethink the policy and enforcement. Councilman Larson stated that Council has not made any decisions regarding the tiered system or anything and would need more information before going forward. Councilman Yost stated that if Council is decreasing revenues of great magnitude then they should also look at the cuts needed to be made in programs and expenses in order to balance the budget, this would include personnel. Ybaben moved, second by Yost, to approve to increase the business license base tax by the Consumer Price Index (CPI) of the allowed 3.8%, from current flat rate of $178.00 to the increased rate of $185,00 for the fiscal year 2005-2006, if a tiered system is implemented in this fiscal year a refund will be given to those who over paid according to Council approved breakdown. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I Antos moved, second by Ybaben, to have the City Attorney provide a report to include information on the consideration of tiered system with regard to the ramifications of Prop 218 along with what Council options and impacts would be in making changes to the current code, AYES: NOES: Antos, Levitt, Ybaben, Yost Larson Motion carried ITEM "PP" - CABLE TELEVISION FRANCHISE - TRANSFER The City Manager stated that the staff report was given to Council in their packet and the action needed by Council would be to receive and file the report, to retain the services of Telecommunications Management Corporation (TMC) to provide consulting services for cable television transfer and renewal, to adopt a budget amendment increasing fiscal year 2005-2006 General Fund by $10,000 for such services, and pursue an informal process on the cable franchise, The City's cable attorney, Mr. Robert Pittman from Richards, Watson, and Gershon, and cable consultant Mr. Carl Pilnick from TMC presented an overview of what the City can and cannot do under the new cable laws and discussed the current state of the industry. I The presentation was handed out to the Council. Mr. Pittman went over the regulatory framework and a brief history of the Cable Communications Policy Act of 1984. · Stated that FCC has exclusive jurisdiction over rates and that federal law requires a basic tier for local franchises, this would include primarily local broadcast stations, governmental access channels and all television broadcast stations provided by the cable operator. · In 2007 Adelphia's franchise agreement expires and the City can either go through a formal or informal renewal process. It was recommended that an informal renewal process be conducted this is a standard negotiation process with limited public comment hearing. · Adelphia is in the process of de-vesting themselves of their California cable systems to Time Warner and Comcast and the City will be receiving 06-13-05 an application from Time Warner and Adelphia for the exchange of the Seal Beach franchise, . Federal law does not directly require local review for transfer of franchise but most franchise agreements include these provisions and Seal Beach does have such review provision. . Council cannot use the transfer process to renegotiate the terms of the franchise agreement use, the cable operator may request changes to the agreement, this does not preclude the Council from imposing conditions on the transfer designed to prevent a negative impact to the subscribers in I the community, such as to ensure there is no reduction in services under the existing franchise. It was the order of the Chair, with consent of the Council, to declare a recess at 10:25 p.m. The Council reconvened at 10:30 p,m. with Mayor Antos calling the meeting to order. Mr. Pilnick gave a detailed explanation of the questions outlined in the staff report and more specific information on the report from Mr. Pittman. . In 10 days the City will receive the Federal form 394 from Adelphia prepared by Time Warner requesting the City franchise be transferred to Time WarnerlComcast due to the bankruptcy of Adelphia, this was a joint bid with Comcast dominating Northern California and Time Warner servicing Southern California. · Upon receipt of the form 394 there is a 4 month period of time that the City needs to be aware of: first 30 days the City may request additional information or complain the form is incomplete and must make an up or down decision in the 120 days of receipt of the form or will have an automatic approval of transfer. . The City can only refuse transfer if there are concerns that .may affect the community rates and services, transfers are not as routine as it use to be, I not easy but City does have some choices but you will have to go to court, . Time Warner will probably not ask for any changes in the current franchise, which closes the door for the City to renegotiate for any changes, . The renewal will take around 5 years, most Cities will just extend the current agreement. · Telephone companies are taking over DSL and will offer video service in competition with current cable operators, this will eventually cause local cable companies to go out of business or merge with telephone companies instead of competing with them. . Regulatory laws are changing, · Councilman Levitt questioned the new company "Super Wire" offering services to Leisure World - response: no law says that you cannot grant any number of franchises unless there is an exclusive clause. · The Council is entitled to ask questions but the rates will probably go up and there are not many options. · The Council could consider joining with other cities or county to negotiate how to define gross revenues and institutional network (fiber optic cabling). · Time Warner is obligated to honor all the written obligations in the existing franchise. Seal Beach franchise includes: $75,000 a year for community I access, connections to public buildings, requirement that system be upgraded and rebuild by 1998, and that cable company is required to reimburse City for transfer expenses. · Leisure World has a bulk billing arrangement not a City franchise agreement for a lower fixed rate for. basic cable, need to check the expiration of this agreement. · Digital will phase out older equipment and service this will cost subscriberssmore. 06-13-05/06-27-05 Consensus of Council was not to spend additional funds for a consultant with City's limited options. Ybaben moved, second by Larson, to receive and file the staff report regarding cable franchise transfer and renewal process, no other action was taken at this time. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I REDEVELOPMENT AGENCY - CONTINUED - JULY 11. 2005 AT 7:00 P,M. It was the consensus of the Counci.1 to continue all agenda items to July 11, 2005. CLOSED SESSION Council recessed to Closed Session at 11 :20 p.m. to conclude unfinished discussion on closed session items. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting to July 11th, 2004 at 6:30 p,m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 11 :25 p,m. .dxuA [J(j/w~ City Clerk and ex-officio clerk of the .City of Seal Beach I Approved: ~ ~ Mayor Attest: CIr:J.a, ~~/n1; I City lerk - Seal Beach, California June 27, 2005 The regularly scheduled meeting of the City Council for this date was canceled by action of City Council on December 13, 2004. I ~~. fhll/71! City C erk and ex-o icio clerk Of the City of Seal Beach