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HomeMy WebLinkAboutCC Min 2007-10-22 Seal Beach, California October 22, 2007 At 6:00 p.m. Mayor Larson announced the adjourned meeting of October 22, 2007 was canceled due to lack of business items and the regular City Council meeting will begin at 7:00 p.m. I Seal Beach, California October 22, 2007 The City Council and Redevelopment Agency of the City of Seal Beach met at 7:00 p.m. with Mayor Larson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor/Board Member Larson CounciVBoard Members Antos, Levitt, Shanks, Ybaben Also present: Mr. Carmany, City Manager/Executive Director Mr. Barrow, City Attorney/Legal Counsel Mr. Whittenberg, Director of Development Services Mr. Mastrosimone, Interim Director of Public Works Chief Kirkpatrick, Police Department Mrs. Devine, City Clerk/Agency Secretary I APPROVAL OF AGENDA Items pulled from the consent calendar for separate consideration - "B" (Shanks); "G", "K", "0", and 'T' (Antos). Antos moved, second by Levitt, to approve the agenda as amended. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried PRESENTATIONs/PROCLAMATION No presentations were made at this time. I ORAL COMMUNICATION Mayor Larson declared Oral Communications to be open. Linda Kruger, 8th Street, expressed her concerns about the Jack-in-the-Box's sprinkler system that drains water under her house (Mayor Larson requested the Director of Development Services to look into the matter). Stan Anderson, Balboa Avenue, reported that the 27th annual Seal Beach Holiday Parade will be on December 7th this year and applications to participate in the parade are available at the Sun News office and Baytown Realty both located on Main Street - deadline is November 19th. Joyce parque, Seal Beach, reiterated her concerns that City Council meetings should not be just once a month and there needs to be more open government. Robert Goldberg, Bridgeport, made comments about the wildfires currently burning in Southern California and stated that a small fire started at 360 Electric around 1 :00 a.m. and the fire department put it out quickly - only concern was that after it was put out he and his neighbors received a reverse 911 call at 3:00 a.m. There were no other speakers; Mayor Larson declared Oral Communications closed. CITY ATTORNEY REPORT No report given. Page 2 - City Council 10-22-07 CITY MANAGER REPORT No report given. COUNCIL COMMENTS Mayor Larson said that Council received letters and petitions concerning the closing of the Seal Beach Market (located by Leisure World) . this is a business matter but will pass on the petitions and letters to staff to keep for the record. Councilman Levitt explained that those who are concerned about the closing of the Seal Beach Market should contact the land company and the owner of the I market and express how the closing would affect them. Councilman Ybaben expressed his opinion that he believes that the more time the legislation meets the more mischief they can get into and thus is in favor that the Seal Beach Council not meet more than is necessary. COUNCIL ITEM No items at this time. CONSENT CALENDAR - ITEMS "A" thru "AA" Antos moved, second by Ybaben, to approve the recommended actions for the items on the Consent Calendar as presented except for items pulled for separate consideration - "B" (Shanks); "G", "K", "0", and "T" (Antos). AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried A. Approved the waiver of reading in full of all resolutions and ordinances. B. Removed for separate consideration (Shanks) Receive and file recognition of Eagle Scout Award achieved by Ezra Freedman-Harvey. I C. Approved the minutes of City Council Regular Meeting held on September 242007. D. Approved regular demands numbered 66531 through 67021 in the amount of $3,817,993.14; payroll demands numbered 66635 through 66705 and 66898 through 66955 in the amount of $450,041.86; and authorized warrants to be drawn on the Treasury for same. E. Received and filed the monthly investment report for September, 2007. F. Confirmed District Five (Levitt) appointment of Paul Burger to the Archeological Advisory Committee. G. Removed for separate consideration (Antos) Introduce Ordinance Number 1561 . City Council Compensation. H. Adopted Resolution Number 5625 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 08- 09 FOR 2007/08 TO INCREASE EXPENDITURES IN THE TELEPHONE AND IT TECHNOLOGY CAPITAL PROJECTS". I I. Adopted Resolution Number 5610 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AGREEMENT WITH NAVY REGION SOUTHWEST FOR LIFEGUARD AND BEACH CLEANING SERVICES". Page - 3 City Council 1 0-22-07 J. Received and filed the staff report - Orange County Fire Authority JPA renewal. K. Removed for separate consideration (Antos) Receive and file Parking In-Lieu un-audited finance report. L. Adopted Resolution Number 5611 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT NO. 08-10 FOR 2007/08 TO INCREASE CONTRACT PROFESSIONAL SERVICES IN THE STREET, LANDSCAPE MAINTENANCE DEPARTMENT FOR ADDITIONAL ONE TIME EXPENDITURES (EDISON PARK)". I M. Adopted Resolution Number 5612 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)". N. Adopted Resolution Number 5613 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AMENDMENT NO. 13, C95-991 TO OCTA MASTER FUNDING AGREEMENT I O. Removed for separate consideration (Antos) Receive and file Verizon FIOS proposed implementation report. P. Adopted Resolution Number 5614 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE RELEASE OF ROUGH GRADING SECURITY BONDS FOR BOEING REALTY CORPORATION, PACIFIC GATEWAY BUSINESS CENTER, TRACT NO. 16375". O. Received and filed the staff report - Mary Wilson Library ADA restroom upgrade. R. Received and filed the staff report - Sewer System Management Plan Schedule. S. Adopted Resolution Number 5615 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING LICENSE BETWEEN THE CITY OF SEAL BEACH AND TOTAL SPORTS CAMP FOR USE OF THE LOS ALAMITOS UNIFIED SCHOOL DISTRICT MCGAUGH GYMNASIUM". T. Removed for separate consideration (Antos) Adopt Resolution Number 5616 and introduce Ordinance Number 1563 - Cable Franchise Issues. I U. Adopted Resolution Number 5617 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT NO. 08-07 TO CARRY FORWARD THE UNEXPENDED FY 06-07 APPROPRIATION FOR THE ASSET FORFEITURE FUND". V. Adopted Resolution Number 5618 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 08- 11 FOR 2007/08 & 2008/09 TO INCREASE VARIOUS ACCOUNTS Page 4 - City Council 10-22-07 IN THE DETENTION FACILITIES DEPARTMENT FOR OPERATION BY SEAL BEACH POLICE DEPARTMENT'. W. Adopted Resolution Number 5619 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AMENDMENTS TO THE CLASSIFICATION PLAN UPDATING THE CLASSIFICATION SPECIFICATION OF THE POSITIONS OF COMMUNITY SERVICES OFFICER II AND III TO INCLUDE DUTIES RELATING TO JAIL OPERATIONS". I X. Adopted Resolution Number 5620 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH POLICE OFFICERS ASSOCIATION, AND THE SEAL BEACH POLICE MANAGEMENT ASSOCIATION, AND ENUMERATING CLASSIFICATION AND COMPENSATION AS OF JULY 1, 2007". Y. Adopted Resolution Number 5621 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE PLAN DOCUMENT OF THE FULL FLEX CAFETERIA PLAN SECTION 125 EFFECTIVE JANUARY 1, 2008". Z. Adopted Resolution Number 5622 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE SIDE LETTERS OF AGREEMENT WITH THE SEAL BEACH PROFESSIONAL TECHNICAL SUPERVISORY ASSOCIATION (CEA), THE ORANGE COUNTY EMPLOYEES ASSOCIATION (OCEA), AND THE EXECUTIVE/MID- MANAGEMENT TEAM AMENDING RESPECTIVE PROVISIONS IN THE MEMORANDUM OF UNDERSTANDING ADOPTED BY RESOLUTION NUMBER 5482 TO IMPLEMENT THE FULL FLEX CAFETERIA PLAN AND AMENDMENTS TO THE HEALTHCARE PROGRAM". I AA. Adopted Resolution Number 5623 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORlilNG A BUDGET AMENDMENT, NO. 08- 08 FOR FY 2007/08 TO INCREASE ADMINISTRATIVE SERVICES (CONTRACT PROFESSIONAL SERVICES) FOR MUNICIPAL DISCLOSURE AND ARBITRAGE REBATE SERVICES". Adopted Resolution Number 5624 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AGREEMENT WITH MUNI-FINANCIAL FOR DISTRICT ADMINISTRATION, MUNICIPAL DISCLOSURE AND ARBITRAGE REBATE SERVICES". AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "B" / CERTIFICATE OF RECOGNITION / EAGLE SCOUT AWARD / EZRA FREEDMAN-HARVEY Councilman Shanks requested that all recognitions be placed on the agenda under "Presentations/Proclamations" in order to read for the record those being honored by the Council. Shanks moved, second by Ybaben, to receive and file the staff report acknowledging City Council recognition of Eagle Scout Award achieved by Ezra Freedman-Harvey. Page - 5 City Council 10-22-07 YES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried I ITEM "G"/ CITY COUNCIL COMPENSATION Councilman Antos removed this item to cast a no vote. Ybaben moved, second by Levitt, to approve the introduction and first reading of Ordinance Number 1561 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING MUNICIPAL CODE SECTION 3.05.010 REGARDING COUNCIL COMPENSATION". The City Attorney read the title for the record. AYES: NOES: Larson, Levitt, Shanks, Ybaben Antos Motion carried ITEM "K" / PARKING IN-LIEU FUND / UNAUDITED FINANCE REPORT Councilman Antos remarked that establishing the Parking In-lieu Fund will help track where the monies are being spent. Antos moved, second by Shanks, to receive and file the staff report - un-audited finance report (09-30-07) Parking In- Lieu Fund. YES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried I ITEM "0" / VERIZON FIOS PROPOSED REPORT It was clarified that a representative from Verizon will be present at the November council meeting to provide more information. Councilman Levitt inquired about any City costs or reimbursements - response from the Interim Director of Public Works was that the City will not incur any costs. Councilman Ybaben requested that the public works department contact the home owners to fully inform them about where the utility boxes will appear - response from Interim Director that the back-up material presented indicate 29 citywide hubs proposed being installed and at this time not sure how many of those will be on utility poles and how many will be free standing; there is some leeway as to where the boxes can be located; and Verizon was encouraged to reach out to the public. Antos moved, second by Ybaben, to receive file the staff report - reviewing proposed Verizon FIOS Citywide implementation. YES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried I ITEM "T" / RESOLUTION NUMBER 5616 / ORDINANCE NUMBER 1563 / CABLE FRANCHISE ISSUES Councilman Antos requested that Council consider the two items separately. Action on Ordinance Number 1563 is needed to be in compliance with the state regulations adopted by Assembly Bill 2987 but would like to hold off adopting Resolution Number 5616 until the public has an opportunity to weigh in their comments and concerns with Time Warner Cable. The City Attorney responded that expiration of the franchise will be December 2007 and to comply with state law council would need to introduce the ordinance and regarding the resolution council could schedule a public hearing to get more publiC input before council takes any action on the extension of the franchise. Mayor Larson indicated that his no vote is his small protest that he does not like how Time Warner is running business and how it fails to serve the City of Seal Beach, and how the legislators unanimously made it difficult for cities to deal with the cable franchises by taking away any city authority. Antos moved, second by Ybaben to schedule a public hearing on December 10, 2007 for public input prior to council consideration on the cable franchise extension with Time Warner Cable. YES: NOES: Antos, Levitt, Shanks, Ybaben Larson Motion carried Page 6 - City Council 10-22-07 Shanks moved, second by Ybaben, to approve the introduction and first reading of Ordinance Number 1563 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 6.10 OF TITLE 6 OF THE SEAL BEACH MUNICIPAL CODE BY ADDING A NEW SECTION 6.10.085". The City Attorney read the title for the record. YES: NOES: Antos, Levitt, Shanks, Ybaben Larson Motion carried The City Attorney informed the council that Time Warner Cable will be applying I for a statewide franchise in November and if approved they will be providing cable service under the state and not the city. Councilman Ybaben responded that Verizon fiber optic and satellite TV will be options that will compete with Time Warner. PUBLIC HEARING ITEM "CC" / RESOLUTION NUMBER 5608 / STATE COPS FUNDS / SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESFl GRANT Mayor Larson declared the public hearing open for consideration of Resolution Number 5608 the allocation of State COPS Funds for 2007/2008 (Supplemental Law Enforcement Services Fund Grant). The City Clerk stated that the public hearing notice was published in the Sun newspaper on October 11, 2007 as required by law and stated that no correspondence for or against the item was received. The staff report was given by the Chief of Police stating that the $100,000 grant was from the State of California and will be used to supplement the existing front line services to the public; a committee comprised of the county sheriff, a city manager, a police chief, and council member within the county, reviewed the list submitted and approved the funding. The public hearing is to give the public the opportunity to voice their opinions or give any suggestive I directions to the council. Clarification was given to Councilman Ybaben regarding what some of the items were on the list: additional ATV for beach service, additional emergency lighting for the CERT trailer, patrol rifles, will also back fill the over-time for special programs (beach patrol, bicycle patrol, special detail coverage, etc.), and other items - will provide the full list to the council if they want. The funds will not be used to hire any new officers. Mayor Larson asked anyone wishing to speak either for or against this item to come to the microphone and state their name for the record. Mr. Seth Eaker, Seal Beach Chamber, acknowledged the efforts of the Seal Beach Police Department in regards to the operation of the jail and indicated the Seal Beach Chamber's support in the City and the chief for any efforts to enhance the safety and security of the town and for businesses. There being no other speakers the Mayor closed the public hearing. Antos moved, second by Ybaben, to adopt Resolution Number 5608 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING APPROVAL OF THE FISCAL YEAR 2007-2008 CITIZENS OPTION FOR PUBLIC SAFETY (COPS) - SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) GRANT EXPENDITURE PLAN AND GRANT ACCEPTANCE". By unanimous consent, full reading of Resolution Number 5608 was waived. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None I Motion carried CONTINUED BUSINESS ITEM "DD"/ ZOETER PARK /INTERIM LANDSCAPE PLAN The Interim Director of Public Works stated that council was presented with an agenda item at the September council meeting requesting approval of an interim landscape plan to plant a series of trees at Zoeter Park as recommended by the Page - 7 City Council 1 0-22-07 I Trees for Seal Beach committee, plans and trees will be provided by the group. The council gave direction to have the Parks and Recreation Commission review this plan - the issue being would the planting of the additional trees encumber the park for future uses - the Commission considered the issue and elected to recommend that the trees be planted in the parkways surrounding the park and not in the interior area. Staff is recommending this plan for council consideration. The Mayor allowed Jim Caviola, representative for Trees for Seal Beach, to speak - after giving a brief history of the site Mr. Caviola stated that the group got a landscape architect to donate his services to provide the plans and has a donation of $10,000 from a local resident for this project. The original project is ready to go and stated that the trees can be removed at a later time if needed. Council just approved item "L" on the consent calendar to remove trees at Edison Park. Does not agree that "tree huggers" from Oregon would protest is a good reason to turn down a $10,000 private donation to the City. There are no plans for this site and may not be for sometime - Council needs to accept this kind of donation to improve the community. Councilman Antos commented that this item was held over and referred back to staff to review the plan and did not remember hearing from any council member that this was to go to the Parks and Recreation Commission - was told by a staff member that anything that deals, with parks a receive and file report is presented to the Commission. Believes that if the Commission were to take any action on this issue they would need to agendized it for a future meeting - therefore the receive and file report should not have had any action taken - all parties involved should have been notified to be present at their meeting. Councilman Antos believes the original interim improvement plans presented at the last meeting should be approved and can remove trees at a future date, if needed - item "L" requested to have trees removed and did not see or hear from anyone protesting the removal of diseased trees in Edison Park - there will not be a big problem removing or cutting down any trees in Zoeter Park. Councilman Levitt said that trees is an emotional issue - to compare a diseased tree in Edison Park (no one protested removal) to putting in trees and in a year or so to try and remove perfectly good trees because a change in plans for the Park, there will be people protesting the removal. Mr. Caviola clarified that the donation of $10,000 would cover the full project not just the purchase of trees. Councilman Ybaben stated his concern over the original plan was the unforeseen risk the City may incur because of the removal of healthy trees; as a councilmember one of the duties is to look after and protect the City; there may be no objections to the future plans for the park, just can not predict the process for developing the park use; it is too vague right now to justify the removal of any trees. Stated he is not afraid of people disagreeing with him about what a park should look like and would like to have more information on what the future use of Zoeter Park would be. The City Manager commented that the future of the park has not been developed yet and that the Parks and Recreation Commission is anxious to get started on a plan and are talking about a variety of different types of active park uses that could be appropriate; they first would like to prepare a plan and get input from the surrounding neighbors and from the community at large; this could take at least a year before it comes before the Council. It was clarified for Councilman Antos that installation of public improvements is subject to CEOA (environmental documentation) before any trees can be removed or relocated. Mayor Larson stated that he will support the Councilmembers decisions for their districts and thanked Mr. Caviola for his work and efforts in planting trees in the City. Antos moved, second by Shanks, to approve the original Zoeter Park Interim Landscape Plan presented by Trees for Seal Beach as proposed at the September 24th council meeting. I I YES: NOES: ABSTAIN: Antos, Larson, Levitt, Shanks None Ybaben Motion carried NEW BUSINESS ITEM "EE" / ORDINANCE NUMBER 1562/ MUNICIPAL CODE CHAPTER 9.60 OF TITLE 9/ BUILDING CODE / SCHEDULE PUBLIC HEARING Page 8 - City Council 10-22-07 Shanks moved, second by Antos, to schedule a public hearing for Ordinance Number 1562 and approve the introduction and first reading of Ordinance Number 1562 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY DELETING CHAPTER 9.60 OF TITLE 9, BUILDING CODE, IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 9.60 OF TITLE 9, BUILDING CODE, ADOPTING BY REFERENCE THE CALIFORNIA BUILDING CODE, 2007 EDITION, INCORPORATING THE 2006 "INTERNATIONAL BUILDING CODE," INCLUDING APPENDIX CHAPTER 1, B, D, F, I AND J; THE CALIFORNIA PLUMBING CODE, 2007 EDITION, I INCORPORATING THE 2006 "UNIFORM PLUMBING CODE," INCLUDING APPENDIX 1, A AND L; THE CALIFORNIA MECHANICAL CODE, 2007 EDITION, INCORPORATING THE 2006 "UNIFORM MECHANICAL CODE," . INCLUDING APPENDIX 1; THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION, INCORPORATING THE 2005 "NATIONAL ELECTRICAL CODE"; THE CALIFORNIA FIRE CODE, 2007 EDITION, INCORPORATING THE 2006 "INTERNATIONAL FIRE CODE," INCLUDING APPENDIX CHAPTER 1, B, AND C; THE "INTERNATIONAL PROPERTY MAINTENANCE CODE," 2006 EDITION; THE "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE," 2006 EDITION; THE "UNIFORM SOLAR ENERGY CODE," 2006 EDITION; THE "CALIFORNIA ENERGY CODE," 2007 EDITION; THE "CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE," 2007 EDITION; THE "CALIFORNIA HISTORICAL BUILDING CODE," 2007 EDITION; THE "CALIFORNIA EXISTING BUILDING CODE," 2007 EDITION; THE "CALIFORNIA REFERENCED STANDARDS," 2007 EDITION; AND THE "CALIFORNIA ADMINISTRATIVE CODE," 2007 EDITION". By unanimous consent, full reading of Ordinance Number 1562 was waived. The City Attorney read the title for the record and stated that the public hearing and second reading and adoption would be at the December 10, 2007 Council Meeting. The Director of Development Services stated that it is required by state law to I hold a public hearing and the notices would not be published in time for the November 5th Council meeting; Council will be asked to adopt Ordinance 1562 and adopt an urgency ordinance at the December meeting in order to have the required codes in place by January 1 st. The building code updates are usually on a three year cycle but it has been six years since the last codes were updated - there are no controversial updates - the City building officials have been working with a uniformity committee and the OC Fire Authority, a representative from OCFA was present to answer questions. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried Mayor Larson recessed to the Seal Beach Redevelopment Agency at 8:06 p.m. and reconvened the City Council Meeting at 8:09 p.m. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting at 8:10 p.m. to Monday, November 5,2007, at 6:30 p.m. to meet in closed session, if deemed necessary. ~ . [ " . . _dwiM klJ/J0Ju' i Clerk I City of Seal Beach ~kl~JNe~ Mayor Attest: tJ HI "-Ii J:i,/J.U~{- CJ1.1 City Clerk Approved: