HomeMy WebLinkAboutCC AG PKT 2005-12-12 #C
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AGENDA REPORT
DATE:
December 12,2005
TO:
Honorable Mayor and City Council
THRU:
John B. Bahorski, City Manager
FROM:
Linda Devine, City Clerk
SUBffiCT:
APPROVAL OF CITY COUNCIL MINUTES
SUMMARY OF REOUEST:
Approve minutes for City Council regular meeting held on November 14, 2005.
BACKGROUND:
None
FINANCIAL IMPACT:
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None
RECOMMENDATION:
Approve minutes for City Council November 14, 2005.
~~ Q/~J
L' da Devine, lty Clerk
e Attachments: Minutes
Agenda Item C
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Seel Beach, CalWomie
November 14, 2005
The City Council of the City of Seal Beach met In regular adjoumed session at
6:30 p.m. with Mayor Antos calling the meeting to order In the Cil)' Hall
Conference Room.
ROLL CALL
Present:
Mayor Antos
CouncillAgency Members Larson, Levitt, Ybaben, Yost
Mr. Bahorskl, City Manager
Mr. Barrow, City Attomey
Mrs. Devine, City Clerk
Also present:
Mayor Antos stated that this would be the time for members of the public to
comment on the ftema identified on the agenda. there were no apeakers.
The City Attorney announced that pursuant to the Brown Act the Council would
meet in Closed Session pursuant to Govemment Code Section 54956.8 to confer
with real property negotiators to consider increase of Juat compensation for
acquisition of real property interests at APN 7242-012-003 for expansion of the
West End Pump Station (Project No. 50050) and Govemment Code Section
54958.9(b) confer with legal counsel on advice based on existing facts and
circumstances with Significant exposure to Iftigation ageinst the City. The City
Attorney also announced that Councilman Yost will recuse himself during the
discussion and any decisions made regarding item "A" and Ihat Mayor Antus will
recuse himself during the discussion and any decisions made With regard to Item
"B" on the Closed Sesaion agenda.
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CLOSED SESSION
The Council recessed to Cloaed Session at 6:31 p.m.
ADJOURNMENT
It was the order of the Chair, with conaent of the Council to adjoum the Closed
Session at 6:57 p.m. The City Attomey reported the actiona taken by the City
Council in Closed Session at the 7:00 p.m. regular meeting held in the Council
Chambers.
City Clerk and ex-officio clerk of
the City of Seal Beach
Approved:
Mayor
Atteat:
City Clerk
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Page - 2 City Council Minutes - 11-14-05
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Seel Beach, Califomla
November 14,2005
The City Council of the City of Seal Beech met In reguler aession at 7:00 p.m.
with Mayor Antos calling the meeting to order with the Salute to the Fleg.
The City Attomey ennounced that the City Council met in closed session with
regerds to agende i!&nl "A" conference with real property negotietors, G.C.
54956.6 - Councilman Yost recused hlmaetf from discussion and any decisions
made _ Council approved increasing compensation for acquisition of real property
Interests at APN 7242-012-003 for expansion of the West End Pump Station -
project 50050 - vote 4-0-1 (Yost abstained): and Mayor Antos recused himlle\f
from discussion of agenda Item "B" conference wKh lagal counsel, anticipated
IKlgatlon, G.C. 54956.9{b) - no reportable action taken.
ROLL CALL
Present:
Mayor Antos
Council Members Larson, Levitt, Ybaben, Yost
Also present:
Mr. Behorskl, City Manager
Mr. Barrow, City Attomey
Mr. Whittenberg, Director of Development Services
Mr. VUkojevlc, Director of Public Works
Chief Kirkpatrick, Police Department
Mr. Crumby, Deputy City Engineer
Ms. Yotsuya, ASSistant City Manager
Mr. DaSilva, Associate Engineer
Ms. Roberts, Deputy City Clerk
Mrs. Devine, City Clerk
APPROVAL OF AGENDA
Councilman Yost removed Item "H" and Councilman Ybaben removed Kem "T"
from the consent calendar for separate consideration. yost moved, second by
Ybaben, to approve the order of the agenda as amended.
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AYES:
NOES:
Antos, Larson, Levitt, Ybaben, Yost
None
Motion carried
PRESENTATIONS I PROCLAMATIONS
PRESENTATION I "SEAL BEACH"
Ms. Laura Alioto presented her book titled "Seal Beach" a collection of pictures of
Saal Beach In tha past to Mayor Antos.
FOUNDER'S DAY I COMMITTEE REPORT
Mrs. Carla Watson, committee chairman and Park and Recreation
Commlasioner, thanked everyone for their contributlon to a very 'successful
event. Mr. Jim Derry, committee member and Park and Recreation
Commissioner, gave a brief preaentatlon highlighting the events, financial break-
down of income and expenses, announced that the event raised $35,600 for the
City's Recreation Departmen~ preaentlng a check to the Assistant City Manager,
and the dinner/dance raised $14,517 for victims of hurricane Katrina and
presented a check to a Red Cross representative. The committee reserved
$5,000 for start-up funds for the 100th Birthday Celebratlon for the City of Seal
Beach.
STORMWATER PROGRAM I UPDATE
The Aasociate City Engineer gave a presentation updating the City Council on
what the staff is doing to meet the requirements of the Clean Water Act (National
Pollutant Discharga Elimination System - NPDES).
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ORAL COMMUNICATION
Mayor Antos declared Oral Communications open. Mr. Deve Southem, OC
Humen Reletions Council, presented the City Council with their annual report,
highlighting their successes in building bridges of understanding with schools,
communltiea, and police departments. Mr. Pat Keem, 15th Street, stated his
concerns over the perking problems. Ms. Carol Franz, Leisure World, expressed
her complaint about her council representative In District Five and his
involvement in the Mutual Corporation Board. Mr. Bill Ayres, Seal Beach, said
that he was on the parking committee, there has never been any resolution to th'e
parking problem. end the visitor parking permits are being misused. Ms. Mitzi
Morton, Seal Beach, complimented the city staff for their work on 13th Street.
Mr. Jay Vanderdreven, Crestview, questioned whal will happen to the land
between the homes on the Hill and the new development at Heron Point Mr.
Bob Wllaon, Orange County Development Departmen~ requested item "K" be
continued ao they can have more time to study the increase In sewer rates for
Sunset Aquatic Park. Mr. Stan Anderson, Seal Beach Chamber representative,
reminded everyone that the Holiday parade will Friday, December 2nd from 7:00
p.m. to g:OO p.m. and that Breakfast with Santa will be December 17th at the
Mary Wilson Library. Mr. Sherman Gardner, partner with Sunset Aquatic Park,
was preaent to ask council to glvllthem mora time before voting on the Increase
of sewer rates at Sunset Aquatic Park and atated he does not believe he was
given enough notice. Ms. Joyce Parque, Seal Beach, stated she does not
believe the City should pay for the sewer cost at Sunset Aquatic Park and the
county should be responsible for their services and made comments regarding
the Zoeter school properly and trailer park matters. Mr. Glenn Thorpe, resident
and manager of Sunset Aquatic Park, told council that the park is safe and Ihe
facilities are used by Ihe surrounding community. Mr Rich Adler, OC
Development Department, restaled his arguments about the increase to Sunset
Aquatic Park and would like this item be postponed so they can feel good about
the process and have all their questions answered. Mr Edmund Lorilz, Leisure
World, made comments about hia concern over the impact the Boeing
development would have on Mutual #2 in Leisure World and his disappointment
in his council representative. Mr. John Kittlaus, Seal Beach, was present to find
out what will be done to the surface of the pier. Ms. Sue Corbin, Seal Beach,
stated her concerns over Leisure World council representatives, tennis center,
and sewer problems. There being no other speakers, Mayor Antos declared
Oral Communicationa closed.
_
With no objection, Mayor Antos declared a recess at 8:20 p.m. and reconvened
the meeting at 8:30 p.m.
CITY ATTORNEY REPORT
No report.
CITY MANAGER REPORT
No report.
COUNCIL COMMENTS
Councilman Levitt stated that there are no conflicts wtth him representing District
Five and being on the Leisure World Mutual Board. Councilman Yost requestecl
staff to give council an update on the properly by Heron Point and stated thet
there doea not seem to be a aolution to the parking problem In Old Town. Mayor
Antos requested staff to work with the merchants on Main Street as to how they
can clean the sidewalks In front of their businesses, have an update on the PCH
bike trail, and what la the status report on the in~ieu parking program and the
liquor licesensea.
CONSENT CALENDAR - ITEMS "0" thru "T"
Yost moved, aecond by Larson, to approve the recommended action for Items on
the Consen!) Calendar except for Items "H" and "T" removed for separate
consideration.
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D. Approved the waiver of reeding In full of all resolutions end
ordinances and that consent to the waiver of reeding shell be
deemed 10 be given by all Council Members eller the reading of the
title unlesa specific request is made et that time for the reading of
such resolutions and ordinances.
E. Approved regular demands numbered 5457& through 54974 in the
amount of $1,416,72&.05; peyroll demands numbered 54716
through 54771, in the amount of $194,305.89 and number 54975
through 55030 in the amount of $199,054.83, and authorized
warrants 10 be drawn on tha Treasury for same.
F. Approved minutes for Clly Council regular meeting held on October
24, 2005.
G. Adopted Resolution Number 5390 enlllled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING A RENEWAL AGREEMENT WITH MUNIFINANCIAL
TO PROVIDE ADMINISTRATION SERVICES FOR VARIOUS
SPECIAL DISTRICTS." (Community Facilities DIstrict No. 2002-02
(Seal Beach BoulevardlLampson 'Avenue Landacape
Maintenance), Surfside Colony Reassessment District No. 2000-1,
and Street Lighting District No.1) By unanimoua Consent, full
reading of Resolution Number 5390 was waived.
1.
Adopted Resolution Number 5391 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH FIXING THE
EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC
EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE
SEAL BEACH POLICE OFFICERS' ASSOCIATION." By
unanimous consent, full reading of Resolution Number 5391 was
waived.
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Adopted Reaolulion Number 5392 entllled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH FIXING THE
EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC
EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE
SEAL BEACH POLICE MANAGEMENT ASSOCIATION." By
unanimous consent, full reading of Resolution Number 5392 waa
waived.
J. Adopted Resolution Numbar 5393 antitled " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH SElTING
PRIORITIES FOR FILING WRITTEN PRIMARY ARGUMENTS
REGARDING CITY MEASURES, AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF SAID
MEASURES." By unanimous consent, full reading of Resolution
Number 5393 was waived.
Adopted Reaolution Number 5394 entiUed " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH PROVIDING
FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY
MEASURES SUBMITTED AT THE MARCH 26, 2006 MUNICIPAL
ELECTION." By unanimous consent, full reading of Resolution
Number 5394 waa waived.
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Adopted Resolution Number 5395 entitled " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH ORDERING
THAT MEASURES AMENDING THE CITY CHARTER BE
SUBMITTED TO THE VOTERS AT THE REGULAR MUNICIPAL
ELECTION ON MARCH 28, 2006." By unanimous consent full
reading of Resolution Number 5395 was waived.
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K.
Adopted Reaolution Number 5396 entlUed "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
INCREASING THE FEES FOR USERS CONNECTED TO THE
CITY'S SEWER SYSTEM IN SUNSET AQUATIC PARK." By
unenimous consent, full reeding of Resolution Number 5396 was
waived. The Clly Attomey noted that Meyor Antos abslalned from
the vote.
L. Approved the recommended Netional Pollutant Diacharge
Elimination System - NPDES Stormwaler Program Shared Costs
Budget for FY 2005/06 wllh the Counly of Orange in the amount of
$5,941,160.00.
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M. Adopted Amendment No. 11 10 the Cooperative Agreement No. C-
95-991 Masler Funding Agreement between the Orange Counly
Transportation Authority (OCTA) and the Cily of Seal Beach.
N. Adopted Resolution Number 5404 entitled "A RESOLUTION NUNC
PRO TUNC CORRECTING CLERICAL ERROR IN RESOLUTION
NUMBER 5352 REGARDING IMPROVEMENTS TO THE WEST
END PUMP STATION." The correction was to add the eIlachmenls
in their entirely 10 the original resolution. By unanimous consent,
full reading of Resolution Number 5404 was waived. The City
Attorney noted Councilman Yost abslained from the vote.
O. Adopted Resolution Number 5397 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE
CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER
THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL
AND BEACH PROTECTION ACT OF 2002 (PROPOSITION 50)."
By unanimous consent, full reading of Resolution Number 5397
was waived.
P. Adopted Resolution Number 5396 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING
THE BID FOR THE SEWER PUMP STATION 35 PHASE 1
UPGRADE, PROJECT NO. 49886." By unanimous consent, full
reading of Resolution Number 5397 was waived. One bid was
received and opened by the Clly Clerk on Thursday, November 3,
2005 - Cora Constructors, Inc. ($534,800.00) was found in
compliance with the contract documents and was within 7% of the
eatimaled construction cost.
Q. Received and filed the staff raport authorizing the Mayor to sign the
proposed letter to the Coaslal Commission regarding Coaslal
Commission Application No. 5-04-488, West End Pump Station
Renovation Project and authorize the Director of Development
Services and Director of Public WorkslCily En91neer 10 attend the
Coastal Commission meeting on behalf of the City.
R. Adopted Resolution Number 5399 entiUed "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING FINAL TRACT MAP NO. 16375 - BOEING
SPECIFIC PLAN." By unanimous consent, full reading of
Resolution Number 5399 waa waived.
Adopted Resolution Number 5400 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT
BEiWEEN THE CITY AND THE BOEING COMPANY FOR FINAL
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TRACT MAP NO. 16375: By unanimous consent, full reading of
Resolution Number 5400 was waived.
The City Attomey noted that the City Manager recused hlmselffrom
any discussion or decisions made on this item.
S. Received and filed the Program Effectiveness Assessment (PEA)
previously known as the Year End Report for the Stormwater
Quality Local Implementation Plan (LIP) in accordance with the
requirements of the Santa Ana Regional Water Quality Control
Boerd adopted Order Number R8-2002-0010.
AYES:
NOES:
Antos, Larson, Levitt, Ybaben, Yost
None
Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "H" I CABLE FRANCHISE I TIME WARNER
The City Attorney clarified that the agreement and condttions of the current
contract will remain the same, this is a transfer from Adelphia Cablavision, who
declared bankruptcy, to Time Wamer NY Cable LLC. Councilman Yost stated
that it was Important that SBTV Channel 3 continue and that most of the
complaints are for the poor aervice. It was stated that Adalphia had atated that
all complaints need to be documanted and to go through the City Manager's
office.
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Yost moved, second by Larson, to adopt Resolution Number 5385 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
CONDITIONALLY AUTHORIZING THE ASSIGNMENT OF A CABLE
TELEVISION FRANCHISE BY ADELPHIA CABLEVISION OF SEAL BEACH,
LLC TO TIME WARNER NY CABLE LLC, AN INDIRECT SUBSIDIARY OF TIME
WARNER CABLE INC: By unanimous consent, full reading of Resolution
Number 5385 was waived.
AYES:
NOES:
Antos, Larson, Levitt, Ybaben, Yost
None
Motion carried
ITEM 'r I NAVY BOOSTER STATION I PROJECT 50154- 50156 AND 50167
The Director of Public Works explained that the low bid was within $30,000 of the
engineer's estimation and that the analysis of the other bids showed that they
were considered throw in bids Just to see if they would be awarded the project.
Ybaben moved, second by Yost, to adopt Resolution Number 5401 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
AWARDING THE BID FOR THE NAVY BOOSTER STATION, PROJECT NO.
50154,50155,50156,50167: By unanimous consent, full reading of Resolutlon
Number 5401 was waived.
Bids were received until Thursdey, November 3,2005 at 10:00 a.m. for the Navy
Booster Station, Project No. 50154, 50155, 50156, and 50167, at which time the
City Clerk publicly opened them as follows:
Comoanv:
1. Southwest Engineering
2. Cora Constructor's
3. Minako America Corp.
Bid Amount:
$1,999,500.00
$1,337,750.00
$2,398,000.00
Awarded contract for the Navy Booster Station, Project No. 50154, 50155,
50156, and 50167 to Cora Constructor's. the low bidder, in tha amount of
$1,337,750.00 and authortzed City Manager to axecute the contract on behalf of
the City.
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PUBLIC HEARING I RESOLUTION NUMBER 5402 I GENERAL PLAN
AMENDMENT 05-2
The City Manager recused himself and left the Council Chambers. Mayor Antos
declered the public hearing open to consider Resolution Number 5402 - to
amend the Open SpacelRecreatlonlConservation Element of the General Plan -
Boeing Integrated Defense Systems (BIDS) Specific Plan to the Land Use
Element - perimeter buffer/water retention areas. The City Cieri< reported that
the notice of the public hearing was noticed as required and did not receive eny
communications eilher for or against the issue. The Director of Development
Services reported that the matter before council is necesaary based on the final
pmject approval for the Boeing Integrated Dafense Systema Specific Plan by the
Califomia Coastal Commission. The City did not amend the Land Use Element
referring to the perimeter buffer and water retention areas until the final eppmval,
the Coastal Commlasion did not make any changes to the Specific Plan so at this
time City Council Is asked to amend the Open SpacelRecreationlConservation
Element of the General Plan to include these areas within the General Plan
document and to make other conforming amendments to the Land Use Element
to reflect the 4.5 acres area aet aside as open wetland retention aree. Planning
Commission appmved this recommendation at their October 26, 2005 meeting.
A map of the area was attached to the staff report. The appmval of this i1em
would designate to all Mure ownera that this area could not be developed and is
aet aside In perpetuity for the wetlands and water ratention. It was clarified that
the perimeter areas area separate pareals; Iika dedicating for a pari< area and
also clarified that the map presented is the final map appmvad and reflects what
will be buill. Mayor Antoa invited memhera of the audience wishing to speak to
come to the micmphone and identify themselves for the record. Ms. Sue Corbin,
Seal Beach, e.pressed her disagreement with the fact that the City Manager did
not have any input on the decision regarding this matter, that a Home Depot was
not appmved, and other decisions made by Council. There being no other
speakera, Mayor Antos declared the public hearing closed.
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Yost moved, second by Ybaben, to adopt Resolution Number 5402 entitled 'A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAl BEACH
ADOPTING GENERAL PLAN AMENDMENT 05-2, AMENDING THE OPEN
SPACE/RECREATION/CONSERVATION ELEMENT OF THE GENERAL PLAN
AND LAND USE ELEMENT OF THE GENERAL PLAN (BIDS SPECIFIC PLAN)."
By unenimous consent, full reeding of Reaolutlon Number 5402 was waived.
AYES:
NOES:
Antos, Larson, Levitt, Ybaben, Yost
None
Motion carried
The Cily Manager retumed to the Council Chambera.
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PUBLIC HEARING I RESOLUTION NUMBER 54031 TENTATIVE PARCEL MAP
Mayor Antos declared the public hearing open to consider Resolution Number
5403 - to appmve the tentative Parcel Map 2005-237. The City Clerk reported
that the notice of the public hearing was noticed as required and did not receive
any communications either for or against the issua. The Director of Development
Services gave a brief staff report stating that this item ia for appmval of a
tentativa parcel map pmposed to subdivide two existing parcels Into three 25 feet
wide lots (231, 233, and 235 - 15th Street). Planning Commission appmved this
request at its October 26, 2005 meeting and recommends approval. If Council
approves the resolution and all the conditions are met then a final parcel map will
coma back to Council for execution. Mayor Antos invHed membera of the
audience wishing to speak to come to the mlcmphone and Identify themselves
for the record. Ms. Sue Corbin, Seal Beach, would like to know W the applicants
will be paying into the Quimby fund. Mr. Pat Keam, Seal Beach, commented that
he does not agree with the satbacks on the pmpertias In Old Town and this
causes parking pmblems. Ms. Joyce Parque, Saal Beach, said that the future of
Seal Beach Is single family housing and thet the reaidenta need to use their
garages for cara. Mr. Eric Smith and Mr. George Brown, applicanla, said that
currently there is only parking for two cara and with the new development there
Page.8 City Council Minutes -11-14-05
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will enough for six cars. There being no other speakers, Mayor Antos declared
the public hearing closed. The Director clarified that there will be a $10,000.00
Quimby fee for the eddltional unH being built.
YoSt moved, aecond by Ybaben, to adopt Reaolution Number 5403 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2005-237, A REQUEST
TO SUBDIVIDE TWO EXISTING PARCELS, EACH 37.5 FEET IN WIDfH, INTO
THREE 25 FEET WIDE LOTS AT 231, 233, AND 235 - 15TH STREET, SEAL
BEACH: By unanimous consent, full reeding of Resolution Number 5402 waa
waived.
AYES:
NOES:
Antos, Larson, Levitt, Ybaben, Yost
None
Mollon carried
ITEM 'Vol" I SEAL BEACH MUNICIPAL PIER REPORT
The Director of Public Works/City Engineer gave a brief history of the Seal Beach
Municipal Piar, tha overell condHion of the Pier Is fair, routine inspection and
repairs are done, stated that the Public Works Dapartment is scheduled to have
a structural inspection In 2008, and will be reviewing the associated oosts and
studies, Inveatigate grant opportunlliea, and will bring back Information regerding
the Pier to City Council for project consideration at a future budget session.
Council comments included that this be pieCed on the budget agenda, that
Council needa to keep in mind the safety needs of the public, make sure the
budget sessions ere advertised, and would like to some kind of railing on the pier
to help eliminate the fishing waste.
Yhaben moved, second by Yost, to receive and file the staff report.
AYES: Antos, Larson. Levitt, Ybaben, Yost
NOES: None Molion carried
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REDEVELOPMENT AGENCY
It was the order of the Chair, wHh consent of the Council, to declare a recess at
9:18 p.m. to the Redevelopment Agency Meeting.
Council reconvened at 9:36 p.m. with Meyor Antos calling the meeting to order.
ADJOURNMENT
It was the order of the Chair, with consent of the Council, to adjoum the meeting
at 9:36 p.m. to December 12, 2005 to meet In Cloaed Session if deemed
necessary at 6:30 p.m.
City Clerk and ex-officio clerk of
the City of Seal Beach
Approved:
Mayor
Attest:
City Clerk
THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH.
Council Minutes Approved:
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