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Home My WebLink AboutCC Min 2005-07-11 07111/05 Seal Beach, California July 11, 2005 Mayor Antos called the special joint closed session of the Seal Beach City Council and Seal Beach Redevelopment Agency to order at 5:00 p.m. in the City Manager's Conference Room. The Special Joint Meeting Notice read as follows: I CALL AND NOTICE OF A SPECIAL JOINT MEETING OF THE SEAL BEACH CITY COUNCIL AND REDEVELOPMENT AGENCY TO MEMBERS OF THE CITY COUNCIL AND BOARD OF DIRECTORS OF THE SEAL BEACH REDEVELOPMENT AGENCY: Charles Antos, 205 - 12th Street #B, Seal Beach John Larson, 13741 Annadale Drive #18G, Seal Beach Michael Levitt, 1380 Weeburn Road #81 L, Seal Beach Ray Ybaben, 4373 Hazelnut Avenue, Seal Beach Paul Yost, 485 Schooner Way, Seal Beach YOU ARE HEREBY NOTIFIED THAT, pursuant to Section 54956 of the California Government Code, Mayor and Chairman Charles Antos hereby calls a special joint meeting of the Seal Beach City Council and Redevelopment Agency to be convened in the City Manager's Conference Room, Seal Beach City Hall, 211 - 8th Street, Seal Beach, California, 90740 on Monday, July 11, 2005 at 5:00 p.m. for the purpose of discussing the following Closed Session items: I 1. Conference with Legal Counsel, Existing Litigation, G.C. 54956.9(a) City of Seal Beach v. County of Orange, OCSC Case No. 05 CC 04518 2. Conference with Labor Negotiator, G.C. 54957.6 City Negotiator: William Avery & Assoc./City Manager Employee Organization: Police Officer Assoc. (City of Seal Beach) Employee Organization: Police Management Assoc. (City of Seal Beach) 3. Conference with Legal Counsel, Anticipated Litigation, G.C. 54956.9(b) A point has been reached where, in the opinion of the City Council, on the advice of its legal counsel, based on existing facts and circumstances, there is significant exposure to litigation against the City. 4. Conference with Legal Counsel, Existing Litigation, G.C. 54956.9(a) Rodi Properties v. City of Seal Beach, OCSC Case No. 04 CC 10649 Please note that members of the public will be provided an opportunity to directly address the Council/Board concerning any item described herein before consideration of that item. DATED THIS 7th day of July, 2005. I (siqnedl Charles Antos, Mayor/Chairman Seal Beach City Council/Redevelopment Agency ROLL CALL Present: Mayor/Chairman Antos Council/Agency Members Larson, Levitt, Ybaben '. .. 07111/05 I Council/Agency Member Yost - arrived at 5:05 p.m. Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Ms. Arends-King, Director of Administrative Services Ms. Lee, Human Resource Analysis Mrs. Devine, City Clerk Mayor Antos advised that this would be the opportunity for members of the public to comment on the items identified on the agenda. There were no members of the public present. Absent: Also present: I CLOSED SESSION The City Attorney announced that pursuant to the Brown Act the Council/Agency would meet in Closed Session pursuant to Government Code Section 54956.9(a) to confer with legal counsel on existing litigation - City of Seal Beach v. County of Orange, OCSC Case No. 05 CC 04518 and Rodi Properties v. City of Seal Beach, OCSC Case No. 04 CC 10649; 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; and Government Code Section 54956.9(b) to confer with legal counsel - anticipated litigation. The Council/Agency adjourned to Closed Session at 5:01 p.m. Mayor Antos declared oral communications open at 5:10 p.m. in the City Council Chambers. Speakers regarding agenda items "A" and "D" Conference with Legal Counsel, Existing Litigation City of Seal Beach v. County of Orange, OCSC Case No. 05 CC 04518 and Rodi properties v. City of Seal Beach, OCSC Case No. 04 CC 10649: Mr. Jim Caviola, Ocean Avenue, stated the City should get fair market value for the property and not discuss behind closed doors; Ms. Joyce Parque, Seal Beach, announced that the case is going to court on July 15th and the money in the Redevelopment Agency is from the taxpayers in Seal Beach; Mr. Jim Klisanin, Baytown Realty, referred to the appraiser of the Zoeter property and does not agree with the way the value was calculated; and Ms. Sue Corbin, Seal Beach, said this should not be discussed behind closed doors, believes the City Attorney is the common link between the trailer park deal and the Zoeter deal, and that the Zoeter property was devoted for the children of the City. There being no other speakers oral communications was declared closed by Mayor Antos. The Council/Agency returned to closed session at 5:20 p.m. and reconvened to the Council Chambers at 6:58 p.m. The City Attorney announced that the City Council and Redevelopment Agency met in Special Joint Close Session to discuss the items on the agenda. The City Council and Redevelopment Agency gave direction to Special Counsel in regard to agenda items "A" and "D" and City Council gave direction to their labor negotiator on agenda item "B", no other action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council/Agency to adjourn the Special Joint Closed Session at 7:00 p.m. ~J~l~ vO.hJ'<~J ity Cferk and ex-officio clerk of the City of Seal Beach Approved: ~~ Mayor Attest: )//.. Yj I ~ ~ iftl<f1 f W City lerk 07111/05 Seal Beach, California July 11, 2005 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Antos calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Antos Council Members Larson, Levitt, Ybaben, Yost 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 Chief Sellers, Police Department Mrs. Devine, City Clerk I APPROVAL OF AGENDA Mayor Antos requested items "M", "Q", and "R" be removed from the Consent Calendar for separate consideration. Yost 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 NEW POLICE OFFICERS Chief Sellers introduction the two new police officers for the City of Seal Beach; Officer Michael Ezroj made a lateral change coming from Cal State Fullerton I police, before that worked for the San Diego Sheriff's Department, and received his bachelor's degree from Cal State Fullerton in criminal justice. Officer Mariana Martinez is a recent graduate from the police academy, was the first woman class president for the academy, a graduate from UCLA, and working on her master's degree in psychology. ORAL COMMUNICATION Mayor Antos declared Oral Communications open. Ms. Joyce Parque, Seal Beach, stated her concerns regarding Council discussions behind closed doors, reminded Council that they said they would discuss the Zoeter issue in the open, and listed her 10 white elephant issues in the City. Ms. Sue Corbin, Seal Beach, said she believes there is a conflict with the City Manager and some of the contracts with the City, she will be investigating what is going on at City Hall, and Council is ultimately responsible. Mr. Michael Worzebach, a director for the Seal Beach Trailer Park, introduced his children and stated that he is speaking on behalf of 92% of the residents in the trailer park, thanked the City for their assistances, and voiced the support of the transfer of title and MPROP funding. Ms. Lori Welz, Seal Beach Trailer Park, said she was present to answer any questions regarding Resoiution 05-08 on the RDA agenda. There being no other speakers, Mayor Antos declared Oral Communications closed. CITY ATTORNEY REPORT c The City Attorney announced the non-binding mediation is scheduled for Friday, I July 15, 2005 in connection with the Rodi v. City of Seal Beach lawsuit. CITY MANAGER REPORT The City Manager announced the Seal Beach Lifeguards would be holding their annual blood drive at their headquarters on Friday, July 15, 2005 from 1 :00 p.m. to 7:00 p.m. Donors will need identification and participants will receive a coupon for an appetizer at Chili's restaurant. 07111/05 I COUNCIL COMMENTS Councilman Levitt indicated that everyone should be aware of the West Nile Virus this summer, the activity of the West Nile Virus is four times greater than in the past, clear any standing water because this is a breeding ground for mosquitoes if left standing over 10 days, report any dead birds, and he stated that Orange County has been identified as the most dangerous area in the nation and Seal Beach, Westminster, and Huntington Beach rank the highest in the county. The City Attorney clarified what conditions the Council is under for closed session stating the exceptions to the Brown Act for discussions to be held in closed session would be litigation, real estate negotiations, and personnel matters. Any action taken in closed session must be reported in open session of the Council. Closed session is for the Council to have the opportunity for open and frank discussions that would not prejudice the position of the City in any legal matters and personnel matters are confidential to protect the privacy of the employee. The attorney reiterated that all actions taken in closed session must be reported in open session. Mayor Antos announced that he attended the 4th of July event at the Joint Forces Reserve Center, confirmed that at the next Council meeting an item will be on the agenda regarding church recognition, and received consensus from the Council to have staff prepare a report regarding all the legal costs and services for the City. COUNCIL ITEMS Larson moved, second by Yost to appoint Diane Neil as the District Two representative to the Environmental Quality Control Board for the unexpired term ending 2007. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I CONSENT CALENDAR - ITEMS "C" thru "JI" Yost moved, second by Ybaben, to approve the recommended action for items on the Consent Calendar as presented, except items "M", "Q", and "R" removed for separate consideration. C. 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. D. Approved the minutes of the regular adjourned and regular meetings of June 13, 2005. E. Approved regular demands numbered 51908 through 52420 in the amount of $3,515,112.25, payroll demands numbered 51963 through 52017 in the amount of $181,861.12 and 52173 through 52242 in the amount of $183,244.25, and authorized warrants to be drawn on the Treasury for same. F. Received and filed Monthly Investment Report for May, 2005. G. Adopted Resolution Number 5353 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE FIRST AMENDMENT TO WEST CITIES COMMUNICATIONS CENTER (WEST COMM) JOINT POWER AUTHORITY AGREEMENT." By unanimous consent, full reading of Resolution Number 5353 was waived. I H. Approved the sale of nine surplus vehicles listed in the staff report at auction with revenues generated from the sale be deposited into the General Fund. 1. Adopted Resolution Number 5354 entitled "RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING 07/11/05 AUTHORIZATION TO SIGN DEMANDS AND CHECKS FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE BANK OF AMERICA, AUTHORIZING ALTERNATE SIGNATURES, AND RESCINDING RESOLUTION NUMBER 5248." By unanimous consent, full reading of Resolution Number 5354 was waived. J. Approved 60 month operating lease for a Ricoh Aficio 2060SP digital printer/copier with Ricoh Business Systems for the Police Department and authorize City Manager to execute the agreement. I K. Adopted Resolution Number 5355 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2005-06." 2005-2006 Appropriation Limit $19,126,177. By unanimous consent, full reading of Resolution Number 5355 was waived. L. Adopted Resolution Number 5356 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING THE . CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY THE "AGREEMENT FOR REIMBURSEMENT OF CITY COSTS TO PREPARE AN ENVIRONMENTAL ANALYSIS AND NECESSARY DISCRETIONARY ACTION STAFF REPORTS FOR THE PANATONNI DEVELOPMENT PROJECT." By unanimous consent, full reading of Resolution Number 5356 was waived. N. Authorized City Clerk to schedule a public hearing for August 8, 2005 Council meeting regarding the adoption 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." I O. Adopted Resolution Number 5363 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN AGREEMENT BETWEEN THE CITY AND ANSWER COMMUNICATIONS, INC FOR CABLE INSTALLATION SERVICES." And Adopted Resolution Number 5357 entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 06- 04 FOR PROFESSIONAL SERVICES UPGRADING THE POLICE DEPARTMENT COMPUTER NETWORK CABLING." By unanimous consent, full reading of Resolution Number 5363 and Resolution Number 5357 was waived. P. Adopted Resolution Number 5358 entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN EXTENSION TO THE DETENTION FACILITY OPERATIONS AND MANAGEMENT AGREEMENT." By unanimous consent, full reading of Resolution Number 5358 was waived. I S. Adopted Resolution Number 5359 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 ECIS FOR ON- CALL FATS, OILS, AND GREASE ("FOG") INSPECTION T. I AYES: NOES: 07111/05 SERVICES." By unanimous consent, full reading of Resolution Number 5359 was waived. Adopted Resolution Number 5360 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING PUBLIC IMPROVEMENTS AND AUTHORIZING THE RELEASE OF SECURITY FOR OLD RANCH TOWN CENTER AREA B (13 ACRE) SITE RELATIVE TO CITY OF SEAL BEACH AND BIXBY RANCH COMPANY IMPROVEMENT AGREEMENT DATED APRIL 3, 2005." By unanimous consent, full reading of Resolution Number 5360 was waived. Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "M" - LOCAL STORM IMPROVEMENT PROJECTS Councilman Yost recused himself from participating in the discussion of agenda item "M" due to changes in the conflict of interest laws that changed the distance from 300 feet to 500 feet of any projects and a councilman's residences and he abstained from the vote. Ybaben moved, second by Antos, to approve the plans and specifications for local storm improvement projects and authorize staff to initiate bidding process for Projects No. 50202, 50203, and 50204. AYES: NOES: ABSTAIN: Antos, Larson, Levitt, Ybaben None Yost Motion carried Councilman Yost returned to the Council Chambers. I ITEM "Q" - PHASE I / SEWER PUMP STATION 35/ PRJECT NO. 49886 Yost moved, second by Larson, to approve plans and specifications for Phase I for sewer pump station 35 and authorize staff to initiate bidding process. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEM "R" - ANNUAL PAVING REHIBILlTATION / PROJECT NO. 50174 Larson moved, second by Yost, to approve plans and specifications for Phase I of the Annual Paving Rehabilitation for fiscal year 2005\2006, Project No. 50174 and authorize staff to initiate bidding process. The City Attorney clarified there is no conflict of interest regarding street paving. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PUBLIC HEARING / RESOLUTION NUMBER 5361 / STREET LIGHTING ASSESSMENT DISTRICT / FY 2005-2006 Mayor Antos declared the public hearing open to consider for the Street Lighting District Assessment for fiscal year 2005-2006. The City Clerk reported that the notice of public hearing was noticed as required and did not receive any communications for or against. The City Manager gave a brief staff report noting this is the annual street lighting assessment that will pay for street lights and the repairs, rates are not increasing, and the revenue generated would be $144,545.00. Mayor Antos invited members of the audience wishing to speak to this item to come to the microphone and identify themselves. There being no speakers, Mayor Antos declared the public hearing closed. I Yost moved, second by Ybaben, to adopt Resolution Number 5361 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONFIRMING THE DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR STREET LIGHTING DISTRICT NO. 1 FOR FISCAL 07111/05 YEAR 2005-06." By unanimous consent, full reading of Resolution Number 5361 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEM "V" - RESOLUTION NUMBER 5362/ PACIFIC GATEWAY BUSINESS CENTER COMMUNITY The City Manager recused himself from discussions of item "V" due to conflict of interest, living within the 500 feet of City project. I The Director of Development Services stated that staff requests Council approve the resolution to accept the deposit and reimbursement agreement for all cost incurred by the City and consulting team in preparing the community facilities district for the Boeing Specific Plan Project. The project would reimburse Boeing for all their expenses for the installation of the public roadways, center median landscape, and all utility services for the development. The reimbursement agreement has been executed by Boeing and deposited $60,000 for the initial reimbursement of expenses. Representatives from Boeing Corporation and Stone Creek consulting firm were present to answer any Council questions. Yost moved, second by Larson, to adopt Resolution Number 5362 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO. EXECUTE ON BEHALF OF THE CITY THE "DEPOSIT AND REIMBURSEMENT AGREEMENT IN CONNECTION WITH PROPOSED CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. CFD 2005-01 (PACIFIC GATEWAY BUSINESS CENTER)"." By unanimous consent, full reading of Resolution Number 5362 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried The City Manager returned to the Council Chambers. I REDEVELOPMENT AGENCY It was the order of the Chair, with consent of the Council, to declare a recess at 7:42 p.m. to the Redevelopment Agency Meeting. Council reconvened at 8:45 p.m. with Mayor Antos calling the meeting to order. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting to July 25th, 2005 at 5:00 p.m. for a workshop session with the AdHoc Streets and Storm Drains Improvements Committee and meet in Closed Session if deemed necessary at 6:30 p.m. By unanimous consent, the meeting was adjourned at 8:45 p.m. ~~ U ~/HJ City lerk and ex-officio clerk of the City of Seal Beach Approved: .ILL ~.0 Mayor I Attest: ~jA I^QCr~/ City lerk