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HomeMy WebLinkAboutCC AG PKT 2005-12-12 #C e 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: e None RECOMMENDATION: Approve minutes for City Council November 14, 2005. ~~ Q/~J L' da Devine, lty Clerk e Attachments: Minutes Agenda Item C e 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. e 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 e Page - 2 City Council Minutes - 11-14-05 e 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. e 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). e Page - 3 City Council Minutes -11-14-05 e 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. e Page.4 City Council Minutes-11-14-05 e 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. e 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. e 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. Page - 5 City Council Minutes -11-14-05 e 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. e 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 e Page - 6 City Council Minutes -11-14-05 e 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. e 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. e Page - 7 City Council Minutes -11-14-05 e 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. e 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. e 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 e 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 e 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: e