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HomeMy WebLinkAboutCC AG PKT 2006-05-22 #C AGENDA REPORT DATE: May 22, 2006 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REOUEST: Approve minutes for City Council adjourned meeting held on April 24, 2006 and City Council and Redevelopment Agency joint meeting held on April 24, 2006. BACKGROUND: None FlNANCIAL IMPACT: None RECOMMENDATION: Approve minutes for April 24, 2006. ~I t,C1~ Li da Devine, City Clerk Agenda Item J) Seal Beach, California April 10,2006 The regularly scheduled meeting of the CRy Council for this date was canceled by ection of City Council on December 12, 2005. City Clerk and ex-oflicio clerk Of the City of Seal Beach Seal Beach. California Apri124,2006 The City Council of the City of Seal Beach met in regular adjourned session at 6:00 p.m. wRh Mayor Antos calling the meeting to order In the City Hall Conference Room. ROLL CALL Prasent: Also present: Mayor Antos CounciUAgency Members Larson, Levitt, Ybaben. Yost Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Tse, Management Analyst Mrs. Devine, City Clerk Mayor Antos stated that this would be the time for members of the public to comment on the items Identified on the agenda, there were no speakers, The City Attorney announced that pursuant to the Brown Act the Council would meet in Closed Session pursuant to Government Code Section 54957 and 54957,6 confer with labor negotiators regarding the City employee groups: OCEA. CEA, and unrepresented unit. CLOSED SESSION The Council recessed to Closed Session at 6:01 p.m, ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 6:50 p.m. City Clerk and ex-offlcio clerk of the City of Seal Beach Approved: Mayor Attest: City Clerk Page - 2 City CounciVRDA Minutes - 04-24'{)6 Seal Beach, Califomia April 24, 2006 The City Council and Redevelopment Agency of the City of Seel Beach met in joint session at 7:00 p.m, with Mayor Antos calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor/Agency Member Antos CouncUlAgency Members Larson. Levitt, Ybaben. Yost Also present: Mr. Bahorskl, City Manager/Executive Director Mr. Barrow, City Attorney/Agency Legal Counsel Mr. Whittenberg. Director of Development Services Mr. Vukojevic, Director of Public Works/Engineering Chief Kirkpatrick, Police Department Mr. Evanoff. Director of Administrative Services Mr. Crumby, Deputy CIty Engineer Ms. Yostuya. Aaaistant City Manager Mrs, Devine. City Clerk/Secretary APPROVAL OF AGENDA Staff requested to reorder the agenda to consider agenda Item "X" - New Business before agenda item 'W" - Public Hearing; agenda Itema removed from the consent calendar for separate consideration - Councilman Yost removed item "I"; Councilman Levitt removed itams "G" and "R"; and Meyor Antos pulled itam "J", The City Attorney indicated that Assembly Bill 2987 (Nunez) came to the Councll's attention after the aganda was published and Councll would naad to take action before the naxt Council meating. Larson moved. second by Yost to add this item to the agenda. AYES: NOES: Antos. Larson, Levitt. Ybaben. Yost None Motion carried Yost moved, second by Larson, to approve the order of the agenda as revised, AYES: NOES: Antos. Larson, Levitt, Ybaben, Yost None Motion carried PRESENTATIONs/PROCLAMATIONS MAD D's Deuce Award for 2005 to Officer David Barr - presentation made by Mr. Bob Mariow and Mr. Dick Davies to Seal Beach Officer Barr for the most DUl's written In 2005. WAVE AWARDS - Ms. Robin Fort-Lincke, PEG Station Manager/Coordinator. recognized the Seal Beach Cable Communications Foundation Producers Award recipients: 1 st Award - "Studio Caf6" - Rob Roy; Eddie Montana, Jo Dawson; 2nd Award - "Milagro" - Jody Diller, Rob Roy, 3rd & 4th Awards - "Just Another Religious Program" - Richard and Sally Parker, and Dave Curtis; Brian Wilson Memorial Award for PEG Mentorship was presented to Robin Fort-Lincke, City of Seal Beach. Mayor Antos announced the follOWing: "National Donate Life Month" - Apnl, 2006: "Recording for the Blind & DYSlexic Week" - April 23 - 29. 2006; and "Veteran Appreciation Month" - May, 2006 - No representatives were present to receive the proclamations, Chief Kirkpatrick recognized Lisa Barr of WestComm and the other dispatchers - Mayor Antos presented tham wllh the proclamation for "National Public Safety Dispatcher Week" - April 9 - 15, 2008: Chief Kirkpatrick, on behalf of the Police Page - 3 City Council/RDA Minutes - 04-24-06 Department, received the proclamation for "Peace Officers' Memorial Week" - May 14 - 22,2006. PRESENTATION / PARKING PERMIT POLICY The Director of Administrative Services gave a brief presentation on the proposed new Council Policy #100-09 "Parking Permit Policy" -this policy would organize current practices more efficiently and clarifies guidelines for pennit use. it does not make any material changes to the current practice or fees. ORAL COMMUNICATION Mayor Antos declared Oral Communications open. Mr. Glen Clark, Cottonwood Lane, thanked the Council for all their help with the many issues at the trailer park. Dr. Robert Goldberg, Seal Beach, expressed his thanks to Councilman Yost for all the good work he has done during his tenure and requested that the Council consider schedUling the budget workshops at a later time or even on a Saturday because 4:00 p.m. makes it difficult for those who work to attend. Mr. Charlie A1shuler. representative from Clean Energy. indicated that they were one of the sponsors for the Seal Beach 10K run and would encourage the City to continue the use of natural gas for the City vehicles. There being no other speakers, Mayor Antos declared Oral Communications closed. Mayor Antos declared a recess at 7:50 p.m. and reconvened at 8:00 p,m. CITY ATTORNEY REPORT The City Attorney reported that the City Council met in closed session at 6:00 p,m. and gave direction to their labor negotiator re9arding the City employee groups: OCEA, CEA, and unrepresented unit. No other action was taken. The City Attomey gave a brief report slating that AB 2987, authored by Assembly Speaker Nunez, would establish a new State franchise for cable services and has been heavily lobbied by AT&T and Verlzon who are seekin9 to avoid current local franchises nationwide. In Its current fonn. the proposed legislation would erode the City's ability to: oversee cable services; control public rlght-<lf-way; support local Public Access, Education. and Govemment (PEG) programming; assist local consumers; and generate revenue. Councilman Ybaben questioned that the City does not have any control now and does not sea how any action by the council would make any difference. Levitt moved, second by Yost, to adopt Resolution Number 5459 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH OBJECTING TO CERTAIN PROVISIONS OF ASSEMBLY BILL 2987. A PROPOSED TELECOMMUNICATIONS REFORM BILL AND URGING SPECIFIED AMENDMENTS TO THE LEGISLATION." By unanimous consent, full reading of Resolution Number 5459 was waived, AYES: NOES: Antos. Larson, Levitt, Yost Ybaben Motion carried CITY MANAGER REPORT No report, COUNCIL COMMENTS CouncUman Levitt - requested, with the consensus of the council, that staff prepares a report on the number of DUI's given to people who consume too much alcohol at the bars in the City of Seal Beach, CounCilman Ybaben congratulated the Seal Beach Chamber on a successful Car Show. Councilman Yost announced that the month of May is "Melanoma Awareness Month" and encouraged everyone to lake precaution when out in the sun. Mayor Antos stated that he enjoyed the Car Show and was disappointed that the Springfest was canceled this year. Page - 4 City Council/RDA Minutes - 04-24-06 GOLDEN RAIN NEWS I PUBLICATION POLICY At the request of Councilman Ybaben and the consent of the Council, the City Manager obtained information from the managing editor, Mr. David Saunders, on the policy regarding the publishing of letters and columns of the Leisure World Golden Rain News, Councilmembers Levitt and Larson also indiceted thet the residents of Leisure Wo~d are aware of what Is going on throughout the Cny and have the ability to get copies of the other local newspapers. CONSENT CALENDAR - ITEMS "C" thru ''V" Yost moved, second by Larson, to approve the recommended action for nems on the Consent Calendar as presented and removed items "G", "I". "J", and "R" for separate consideration. C, Approved the waiver of readin9 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 a specific request is made at that time for the reading of such resolutions and ordinances, D. Approved the minutes of the adjoumed City Council meeting and the regular City Council and Redevelopment Agency joint meeting held on March 13, 2006. Approved the minutes of the adjoumed City Council meeting held on April 4. 2006, Approved minutes of the Redevelopment Agency joint meeting held on March 13, 2006, E. Approved re9ular demands numbered 56929 through 57562 in the amount of $3,299.374.44; payroll demands numbered 56951 through 57174. 57227, in the amount of $3.775.01. 57067 through 57106 In the amount of $179.583.85, 57299 through 57339 in the amount of $180,170,22, and 57583 through 57629 in the amount of $187,272,79; and authorized warrants to be drawn on the Treasury for same. F. Received and filed the Monthly Investment Repo~ for February, 2006 and March, 2006. G. ""Removed for separate consideration - Levitt" H. Approved the Implementation of the Business License annual CPI adjustment for Fiscal Year 2006-2007 - increasing the business license tax to $194,00, I. "Removed for separate consideration - YostH J. "Removed for separate consideration - Antos" K. Adopted Resolution Number 5445 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING SALARY FOR THE PART-TIME POSITION OF BEACH LIFEGUARD I, BEACH LIFEGUARD II, BEACH LIFEGUARD III, JUNIOR LIFEGUARD ASSISTANT COORDINATOR. AND JUNIOR LIFEGUARD COORDINATOR." By unanimous consent, full reading of Resolution Number 5445 was waived, L Adopted Resolution Number 5446 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE CITY'S PERSONNEL RULES AND REGULATIONS AND INTRODUCE ORDINANCE NO, 1545 AMENDING SEAL BEACH MUNICIPAL CODE CHAPTER 3.15 INCORPORATING CHANGES TO THE PERSONNEL SYSTEM," This would incorporate the changes to the Civil Service System that were adopted by the voters on March 28. 2008. By unanimous consent, full readin9 of Resolution Number 5446 was waived, Page - 5 City CouncillRDA Minutes - 04-24-06 Approved the introduction and first re~ding of Ordinance Number 1545 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 3.15 OF TITLE 3 RELATING TO PERSONNEL," The City Attorney read the title of the Ordinance for the record and stated that the second reading and adoption of Ordinance Number 1545 will be on the City Council consent agenda at a later meeting. By unanimous consent. full reading of Ordinance Number 1545 was waived, M. Adopted second reading of Ordinance Number 1544 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH TERMINATING THE SURFSIDE REDEVELOPMENT PROJECT AREA BY AMENDING THE SURFSIDE REDEVELOPMENT PLAN TO SHORTEN ITS DURATION." The Surfside Redevelopment Plan was amended to shorten the duration from December, 2022 to June 30, 2006. By unanimous consent, full reading of Ordinance Number 1544 was waived. N. Adopted Resolution Number 5447 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, VACATING THE ALLEY WITHIN ROSSMOOR CENTER." By unanimous consent. full reading of Resolution Number 5447 was waived. O. Authorized the sale of surplus property - an inoperable Public Works Toyota hybrid engine car. Revenue generated from the sale at auction Is estimated to be less than $500. P. Adopted Redevelopment Agency Resolution Number 06-05 entlUed "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH APPROVING A GRANT OF EASEMENT TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT FOR ACCESS ACROSS A WESTERLY PORTION OF THE CITY CORPORATION YARD." By unanimous consent. full raading of Rasolution Number 06-05 was waived. Adopted Redevelopment Agency Resolution Number 06-06 entlUed "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH APPROVING A GRANT OF EASEMENT TO HELLMAN PROPERTIES, LLC FOR ACCESS ACROSS A WESTERLY PORTION OF THE CITY CORPORATION YARD." By unenlmous consent, full reading of Resolution Number 06-06 was waived. Adopted Resolution Numbar 5450 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING EASEMENT DEED FOR PUBLIC UTILITY AND CITY ACCESS ON A PORTION OF HELLMAN PROPERTIES, LLC PROPERTY ADJACENT TO SOUTHERLY SIDE OF CITY CORPORATION YARD." By unanimoua consent, full reading of Resolution Number 5450 was waived. Q, Adopted Resolution Number 5451 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING SOUTHERN CALIFORNIA EDISON COMPANY TO PROCEED WITH AMENDED SEAL BEACH BOULEVARD UNDERGROUND UTILITY DISTRICT 99-1 RULE 20A FUNDED PROJECT TO UNDERGROUND OVERHEAD UTILITIES ON SEAL BEACH BOULEVARD." By unanimous consent, full reading of Resolution Number 5451 was waived. R. ""Removed for separate consideration - Levitt*" Page - 6 Ctty Council/RDA Minutes - 04-24-06 S. Approved plans and specifICations for Seal Beach Boulevard Pavement Rehabilitation AHRP (Segment 4) Project No, 50196 - from SI. Cloud Drive to Bradbury Road. T, Adopted Resolution Number 5452 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT NO, 49676 MARINA DRIVE BRIDGE REHABILITATION ENTERED INTO BElWEEN CITY OF SEAL BEACH AND GRIFFITH COMPANY." By unanimous consent. full reading of Resolution Number 5452 was waived. U, Bids were received until April 11, 2006 at 10:00 a.m, for the Candlebeny Avenue Storm Drain Improvements, Project No. 50203, at which time they were publicly opened by the City Clerk as follows: Comoanv: SRD Engineering, Inc. Excel Paving CD, GCI Construction, Inc. Garcia Juarez, Construction, Inc. Bid Amount $195,075.00 $158,698.00 $154,600.00 $165,000,00 Adopted Resolution Number 5453 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE BID FOR THE CANDLEBERRY AVENUE STORM DRAIN IMPROVEMENTS, PROJECT NO. 50203." Awarding to the lowest responsible bidder, GCI Construction. Inc. In the amount of 5154.600,00 and authorized the City Manager to execute the contract on behalf of tha City. By unanimous consent, full reading of Resolution Number 5453 was waived, V, Adopted Resolution Number 5454 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A INTERGOVERNMENTAL SERVICE AGREEMENT BElWEEN CITY OF LOS ALAMITOS AND CITY OF SEAL BEACH FOR JAIL CONTRACT." By unanimous consant, full reading of Resolution Number 5454 was waived, AYES: NOES: Antos, Larson. Levitt. Ybaben. Yost Nona Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G"I COUNCIL POLICY 100-091 PARKING PERMITS Clarification was made that the dimension for an oversize vahicle would be any vehicle exceeding 20 fl. in length Dr 8 fl. wide. Yost moved. second by Larson, to approve Council Policy 100-09 - Parking Permits establishing revised permit types. fees, jurisdiction of use and guidelines for enforcement of perking pennils issued by the City. AYES: NOES: Antos, Larson, Levitt. Ybaben, Yost None Motion carried ITEM "I" 1 BUDGET WORKSHOP FY 2006-07 1 SCHEDULE Larson moved, second by Ybaben. to approve the schedule for the Council Budget Workshop for Fiscal Year 2006-2007 for the week of June 5th - 9th, 2006 and all workshops will begin at 5:00 p.m, AYES: NOES: Antos, Larson. Levitt, Ybaben, Yost None Motion carried Page - 7 City CounclVRDA Minutes - 04-24-06 ITEM "J"I RESOLUTION NUMBER 54441 CLASSIFICATION PLAN Mayor Antos requested staff, with Council consensus, to provide Council with a report regarding the feasibility of retaining a board to review job classifications. Antos moved. second by Ybaben to adopt Resolution Number 5444 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AMENDMENTS TO THE CLASSIFICATION PLAN AND ADOPTING CERTAIN POSITIONS: By unanimous consent, full reading of Resolution Number 5444 was waived. AYES: NOES: Antos, Larson, Levitt. Ybaben, Yost None Motion carried ITEM "R" 1 REJECT BIDS 1 PROJECT NO. 49750 Clarification was made that Orange County TranSit Authority (OCT A) Measure M funding Is currently available for a joint project and the City will be In line for future project funds. Levitt moved, second by Yost, to rejected all bids for the Seal Beach Boulevard and 1-405 Bridge Approach Widening, Project No, 4975O and authorized staff to combine the project with the future OCT A1Caltrans freeway project. Councilman Ybaben reminded staff that the sound wall In his district needs to be Included In any future project. AYES: NOES: Antos, Larson, Levltl, Ybaben, Yost None Motion carried RESOLUTION NUMBER 5456 1 ISSUANCE OF SPECIAL TAX BONDS I CFD #2005-011 PACIFIC GATCWAY BUSINESS CENTER The City Maneger recused himself due to a possible conflict of Interest and left the Council Chambers. The Director of Development Services stated thet the Issue before the Council would be the final action to euthorize the sale of the speclel tax bonds epproved eariler by Council, The Director elso indicated that Council had received additional Information and the material was also made available in the Cny Clerk's office for the public to review. Mayor Antos renerated that the Cny will not be liable in anyway If Boeing defaults on the bonds, Yost moved. second by Larson. to adopt Resolution Number 5458 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 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) 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 5458 was waived. AYES: NOES: Antos, Larson, Levitt. Ybaben, Yost None Motion carried The City Manager returned to the Council Chambers. PUBLIC HEARING 1400 MARINA DRIVE PROJECT 1 RESOLUTION NUMBER 5455 - MITIGATED NEGATIVE DECLARATION 06-11 RESOLUTION NUMBER 5456 - GENERAL PLAN AMENDMENT 06-1 I ORDINANCE NUMBER 1546 - ZONE CHANGE 06-1 1 RESOLUTION NUMBER 5457 . TENTATIVE PARCEL MAP NO. 2005-257 Mayor Antos declared the public heering open for Mnlgated Negative Declaration 06-1; General Plan Amendment 06-1; Zone Change 06-1; and Tentative Parcel Map 2005-257 - 400 Marina Drive Project. The City Clerk stated that the notice was published in the Sun newspaper on April 13th. 2006 as required by law and no correspondence for or against this Item was received. The Director of Development Services reported thet after considering the recommendations and taking pUblic comments, the Planning Commission recommends that the Council epprove the proposed resolutions and ordinence to make the necessary changes for the property at 400 Marina Drive. The Director pointed out the attachments to the staff report indicating the acreage and how the odd shaped parcel would be Page - 8 City CounclllRDA Minutes - 04-24-08 divided and the owner had provided an enlargement of the proposed housing development. Councilman Yost stated that there is some concem about the possibility of asbestos on the site and wanted to make certain that the developer use a company who is certified to safely remove any asbestos and that he normally does not like to approve changing any commercial property to residential but this upgrade Is reasonable. Mayor Antos asked those who wish to speak to this ~em to approach the podium and state their name for the record. There being no speakers Mayor Antos declared the public hearing closed. The owner/developer of the property was available for any questions, Yost moved, second by Ybaben. to adopt Resolution Number 5455 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING MITIGATED NEGATIVE DECLARATION 08-1, 400 MARINA DRIVE PROJECT. AND INSTRUCTING STAFF TO FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE." By unanimous consent, full reading of Resolution Number 5455 was waived. Yost moved. second by Ybaben, to adopt Resolution Number 5456 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 06-1, AMENDING THE LAND USE AND HOUSING ELEMENTS (400 MARINA DRIVE PROJECT)," By unanimous consent, full reading of Resolution Number 06-03 was waived, Yost moved. second by Ybaben, to introduce first reading of Ordinance Number 1546 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 06-1, CHANGING THE ZONING DESIGNATION FROM GENERAL COMMERCIAL (C-2) TO RESIDENTIAL HIGH DENSITY (RHO), DISTRICT 1, AT 400 MARINA DRIVE." The City Attorney read the t~le of the Ordinance for the record and stated that second reading and adoption will be on the Council consent celendar at a later date. By unenimous consent, full reading of Ordinance Number 1546 was waived. Yost moved, second by Ybaben, to adopt Resolution Number 5457 entitled "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH APPROVING TENTATIVE PARCEL MAP NO. 2005-257 (400 MARINA DRIVE PROJECT)." By unanimous consent. full reading of Resolution Number 5457 was waived. AYES: NOES: Antos, Larson. Levitt, Yost Ybaben Motion carried ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjoum the Council meeting at 8:52 p.m. to Monday, May 22, 2006 to meet at 6:00 p.m. to swear-in the Council members elected on March 28, 2006. for the selection of Mayor and Mayor Pro Tem, and to meet in closed session, If deemed necessary. The Redevelopment Agency meeting was adjoumed at 8:52 p.m. THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, Council Minutes Approved: