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Home My WebLink AboutCC Min 2008-03-10 Seal Beach California March 10,2008 Mayor Antos called the adjourned meeting of the Seal Beach City Council to order at 6:30 p.m. in the City Council Chambers. I ROLL CALL Present: Absent: Mayor Antos; Councilmembers Levitt, Shanks, Sloan Ybaben Also present: David Carmany, City Manager Quinn Barrow, City Attorney With no objection Mayor Antos excused Councilman Ybaben from the adjourned March 10, 2008 meeting. Mayor Antos stated that this would be the time for members of the public to comment on the item identified on the agenda: Speakers from the Seal Beach Chamber of Commerce requesting the City Council continue the current lease agreement as is - Seth Eaker, Government Relations Representative/Black Marble Consulting; JoAnn Adams, President/Bogart's Coffee House; and Jim Klisanin, 11 th Street / Bay Town Realty. There were no other speakers. The City Attorney announced that pursuant to the Brown Act the Council would meet in closed session to discuss the item on the closed session agenda in accordance to Government Code Section 54956.8 - conference with real property negotiators (City and Seal Beach Chamber of Commerce) regarding rent and terms of rent at 201 - 8th Street, Suite 120, Seal Beach. I CLOSED SESSION The Council recessed at 6:37 p.m. to the City. Hall Conference Room to Closed Session to discuss the item on the agenda. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session. ~j~ City Clerk City of Seal Beach Approved: ~~ Mayor I Attest: ~~ City Clerk Page 2 - City Council 03-10-08 Seal Beach California March 10, 2008 The City Council of the City of Seal Beach met at 7:00 p.m. with Mayor Antos calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Antos Councilmembers Levitt, Shanks, Sloan Councilmember Ybaben I Absent: With no objection Mayor Antos excused Councilman Ybaben from the March 10, 2008 regular Council meeting. Also present: David Carmany, City Manager Quinn Barrow, City Attorney Lee Whittenberg, Director of Development Services Vince Mastrosimone, Director of Public Works Robbeyn Bird, Director of Administrative Services Chief Jeff Kirkpatrick, Police Department Lieutenant Tim Olson, Police Department Captain Joe Bailey, Lifeguard Department Andrew Tse, Human Resource Manager Michael Ho, City Engineer Todd DeVoe, PD Emergency Services Coordinator Battalion Chief Jose Valbuena, OCFA Linda Devine, City Clerk The City Attorney announced: The City Council met in Closed Session and discussed the item on the closed session agenda (conference with real property negotiators regarding rent and terms of rent at 201 - 8th Street, Suite 120, Seal Beach) and gave direction to their negotiator to draft a written agreement for approval- no other action was taken. I APPROVAL OF AGENDA Staff requested item lip" be pulled and placed on a future agenda. The City Attorney indicated an agenda item needs to be added to the consent calendar - Notice of Claim was filed with the City and it is not covered by CJPIA and requires Council action - item "R" (the agenda staff report was given to the Council before the meeting and copies were available for the public). Shanks moved, second by Sloan to approve the agenda as amended. AYES: NOES: ABSENT: Antos, Levitt, Shanks, Sloan None Ybaben Motion carried PRESENT ATIONS/PROCLAMA TION *Los Alamitos Unified School District - Dr. Greg Franklin. Superintendent School Board president Meg Cutuli introduced Dr. Franklin and Board member Karen Russell - Dr. Franklin gave an overview of the school district programs and I the need to place a bond measure before the voters. *SBTV3 - Cable Foundation Wave Awards - Ms. Robin Fort-Lincke Award recipients: Studio Cafe - Jo Dawson, Rob Roy, & Eddie Montana; Milagro- Jody Dillard and Rob Roy; the Community Bulletin Board; and the SBTV3 Achievement Award - Peter Anninos. *Oranae County Human Relations Commission - Ms. Beckie Weltv Ms. Welty presented the OC Human Relations Commissions Annual Report and thanked the police department for their involvement. . ,." .",. ~....',.. Page - 3 City Council 03-10-08 *National Oceanic & Atmospheric Administration's (NOAA) National Weather Service - San Diego Chief Kirkpatrick introduced Ed Clark, NOAA representative. Mr. Clark presented Seal Beach Police Department representatives, Lt. Olson and Todd DeVoe a certificate and sample signs for the City that indicate the City is certified (3 years) as Tsunami and Storm Ready (Consent Calendar - Item "J"). I ORAL COMMUNICATION Mayor Antos declared Oral Communications to be open. Bill Ayers, Seal Beach 51</10K Run coordinator, announced this year's event will be April 5, 2008 and timing chips will be used to time the runners (the device is attached to the runner's shoe); Robert Goldberg, Seal Beach, spoke on item "A" - indicating his support in having Council meet twice a month - this would give the people more opportunities to speak and commented on item "F" - Councilman Ybaben's resignation as District Four City Council representative - he will be missed on the Council; Joyce Parque, Seal Beach, commented that Councilman Ybaben was the one councilmember who tried to balance the budget, agreed with having 2 meeting a month, questioned how a trailer in the trailer park could sell for $449,000 and the City not get any money after the owner used low and moderate money to fix it up, reiterated that Charles Antos should resign as Mayor; David Rosenman, 8th Street, agreed with having 2 council meetings a month; Mike Buhbe, Old Town and "Seal Beach for 2 stories" representative, indicated that the Planning Commission will be having a public hearing on the zoning codes on April 19th; Enea Ostrich, College Park East, expressed her concerns about Councilman Ybaben's tenure on the Council and disagreed with many of his decisions; Seth Eaker, SB Chamber Governmental Relations representative, stated his support for items "A" and "V", acknowledged the WAVE award recipients and Councilman Ybaben's contribution to the Council, and requested that council place on a future agenda the issue of parking signage in the 8th street parking lot. There were no other speakers; Mayor Antos declared Oral Communications closed. I CITY ATTORNEY REPORT No report was given. CITY MANAGER REPORT No report given. COUNCIL COMMENTS Councilman Shanks commented that the lease agreement for the Chamber is only going to be re-written with no major changes. I COUNCIL ITEM ITEM "A" / COUNCIL MEETING SCHEDULE (SHANKS) Councilman Shanks stated that the amount of material given to the Councilmembers is too much for one meeting, the meetings last too long, and the new councilmembers need more time to be able to be brought up to speed. Councilman Levitt disagreed and indicated that the meetings usually adjourn between 8:00 and 9:00. Councilman Sloan commented that 2 meetings a month would impact staff time but agrees with the public comments that 2 meetings would be good. Mayor Antos agreed with holding 2 meetings a month because it would be better for the new councilmembers and the agendas are currently too large to digest all the information. Shanks moved, second by Sloan, to direct staff to revise the City Council meeting date schedule to include two meetings per month. AYES: NOES: ABSENT: Antos, Shanks, Sloan Levitt Ybaben Motion carried The City Attorney said that pursuant to Council action the new schedule would start in April. . Page 4 - City Council 03-10-08 CONSENT CALENDAR -ITEMS "B" thru "R" Levitt moved, second by Shanks, to approve the recommended actions for the items on the Consent Calendar as amended. Item "P" was pulled by staff to be placed on a future agenda and item "R" - Claim against the City by Los Alisos Ranch Co., Inc. was added. AYES: NOES: ABSENT: Antos, Levitt, Shanks, Sloan None Ybaben Motion carried I B. Approved the waiver of reading in full of all resolutions and ordinances. C. Approved the minutes of the City Council Adjourned and Regular Meeting held on February 11, 2008. D. Approved regular demands numbered 68767 through 69315 in the amount of $2,143,500.07; payroll demands numbered 68719 through 68767, numbered 68872 through 68909, and numbered 69111 through 69153 in the total amount of $694,058.24; and authorized warrants to be drawn on the Treasury for same. E. Received and filed the monthly investment report for January 2008. F. Adopted Resolution Number 5679 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING A VACANT SEAT ON THE SEAL BEACH CITY COUNCIL, DIRECTING THE CITY CLERK TO POST A NOTICE OF INTENTION TO FILL A VACANCY ON THE SEAL BEACH CITY COUNCIL, AND ADVERTISE FOR APPLICATIONS TO FILL THE VACANCY." (District 4 - effective March 15,2008) G. Adopted Resolution Number 5680 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND MICHAEL E. BALCHIN." (River's End) I H. Adopted Resolution Number 5681 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING THE ADDENDUM TO AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND ERIC STEPHENS." (Seal Beach Tennis Center) I. Adopted Resolution Number 5682 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AGREEMENT FOR SPECIAL SERVICES BETWEEN THE CITY OF SEAL BEACH AND PUBLIC SAFETY TESTING." (PD recruitment) J. Received and filed Tsunami Ready and Storm Ready Program Report. (Presentation was made during presentation part of meeting.) I K. Adopted Resolution Number 5683 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO CONDUCT STREET CLOSURES FACILITATING POLICE OPERATIONS DESIGNED TO CONTROL ROADWAY AND PUBLIC SAFETY DURING SPECIFIED SPECIAL EVENTS WITHIN THE COMMUNITY." ,.. .1 . .' Page - 5 City Council 03-10-08 L. Adopted Resolution Number 5684 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER TO SUBMIT A PERMIT APPLICATION TO THE COASTAL COMMISSION FOR THE ELECTRIC AVENUE STORM DRAIN PROJECT No. 50221." I M. Adopted Resolution Number 5685 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR SEWER PUMP STATION 35 - PHASE 2 PROJECT No. 49886." (Socal Pacific Construction, Inc. - $957,247.71 ) N. Adopted Resolution Number 5686 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR WEST END PUMP STATION PROJECT No. 50050." (Socal Pacific Construction, Inc. $$2,458,282.30) I O. Adopted Resolution Number 5687 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING APPLICATION FOR FUNDS FOR THE INTERSECTION IMPROVEMENT PROGRAM (liP), THE SIGNAL IMPROVEMENT PROGRAM (SIP), GROWTH MANAGEMENT AREAS (GMA) AND THE TRANSPORTATION DEMAND MANAGEMENT (TDM) PROGRAM FOR THE SEAL BEACH BLVD/I-405 APPROACH WIDENING PROJECT." (OCTA Call for Projects application - City of Los Alamitos) P. Item pulled and will be placed on future agenda (staff request) - Resolution Number 5688 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE PROFESSIONAL SERVICES AGREEMENT FOR ANNUAL TREE MAINTENANCE SERVICES BETWEEN THE CITY OF SEAL BEACH AND WEST COAST ARBORISTS, INC." Q. Adopted Resolution Number 5689 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING AN EDUCATIONAL AFFILIATION AGREEMENT WITH LONG BEACH MEMORIAL MEDICAL CENTER, INC." (Lifeguard Department) R. Denied claim against the City by Los Alisos Ranch Co., Inc. and directed City's Risk Manager to issue letter per Government Code Section 911.8. ITEMS REMOVED FROM THE CONSENT CALENDAR Staff requested item "P" (Annual Tree Service) be pulled and placed on a future agenda. I PUBLIC HEARING ITEM liS" / RESOLUTION NUMBER 5690 / ESTABLISH UNDERGROUND UTILITY DISTRICT / RULE 20A The Director of Public Works gave the staff report: After conducting the public hearing and receiving the testimony Council was asked to consider whether or not to establish the formation of the proposed Underground Utility District on Beverly Manor Road in front of the existing fire station. There was a change in the figures from Edison in the Engineer's Report - the amount in the City's Rule 20A fund is approximately $1,733,109 and the amount the city receives annually is $104,364. At the February Council meeting Council approved Resolution Number 5669 amending the amended Seal Beach Boulevard Underground Utility Page 6 - City Council 03-10-08 District 99-1 Rule 20A funded project to underground the overhead utilities in the project by reducing the area that now contain approximately 1,100 linear feet along Seal Beach Boulevard from Bolsa Avenue on the north to Marlin Avenue on the south and authorized SCE to proceed. Mayor Antos declared the public hearing open for consideration of Resolution Number 5690 the formation of Underground Utility District along Beverly Manor Road from 405 Freeway to Seal Beach Boulevard. The City Clerk stated that the public hearing notice was published in the Sun newspaper on February 28, 2008 as required by law and stated that no correspondence for or against the item was received. Mayor Antos asked anyone wishing to speak either for or against this item to come to the microphone and state their name for the record. Speakers: Robert Goldberg, Bridgeport, did not agree with staff's recommendation and suggested other areas for consideration: 1) Marina Drive between 1 st and 5th Streets, 2) PCH between Seal Beach Blvd. and 12th Street, and 3) Bolsa Avenue on the other side of McGaugh Elementary School. Eldon Alexander, 8th Street, indicated there are other areas in the City that could be considered and does not agree with staff's selection. Mike Buhbe, Seal Beach, commented that there should be 'an overall plan for underground utilities. There being no other speakers the Mayor closed the public hearing. I Council comments: Councilman Shanks inquired if there has been a study of the number of transits by the north gate into Leisure World - staff response: the City has not conducted any traffic counts at that location - Councilman Levitt indicated that Leisure World staff has counted about 1,400 vehicle passing per day. Councilman Levitt stated it was not explained what the benefit would be for the selected area - this does not benefit the Leisure World residents - staff response: the thought was that the City will be spending a significant amount of money for the replacement of the fire station and wants to make the area as presentable as possible and the possibility that in the future there may be a need to have a heli- pad available. Councilman Levitt said that he could not vote for the project based on beautification of the area and a possible future need of a heli-pad. Sloan moved, second by Shanks, to adopt Resolution Number 5690 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING AND DESIGNATING AN UNDERGROUND UTILITY DISTRICT ON BEVERLY MANOR ROAD BETWEEN SEAL BEACH BOULEVARD AND 405 FREEWAY." and authorize the use of the City's Rule 20A funds for the conversion of overhead electrical services to the proposed underground facilities including the changes to the Engineer's Report. I AYES: NOES: ABSENT: Shanks, Sloan Antos, Levitt Ybaben Motion failed Mayor Antos requested staff provide additional information for undergrounding of the utilities. NEW BUSINESS ITEM "T" I ORDINANCE NUMBER 1567 / MUNICIPAL CODE / 2008 SUBDIVISION CODE The Director of Development Services reported that the proposed ordinance is I part of the overall update of the City's development standards that are primarily encompassed in the zoning codes that will have public hearings on in April - part of the process the subdivision codes need to be updated to be consistent with the rest of the zoning changes. Ordinance number 1567 reflects the current provisions of the code, includes the changes in the subdivision map act, and adds provisions to the design standards and block and street design standards. Staff recommends the Council introduce the ordinance and have second reading and adoption of this ordinance at the same time as the adoption of the full zoning ordinance. Shanks moved, second by Levitt to introduce Ordinance Number 1567 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY DELETING CHAPTER 11.A, Page - 7 City Council 03-10-08 MAPPED STREETS, AND CHAPTER 21, SUBDIVISIONS, IN THEIR ENTIRETY AND ADOPTING A NEW TITLE 10, SUBDIVISIONS." By unanimous consent, full reading of Ordinance Number 1567 was waived. The City Attorney read the title for the record. AYES: NOES: ABSENT: Antos, Levitt, Shanks, Sloan None Ybaben Motion carried I ITEM "U" / ORDINANCE NUMBER 1568 / MUNICIPAL CODE / 2008 MOBILEHOME PARK CONVERSION CODE The Director of Development Services stated this ordinance is a basic re- statement of existing codes and is part of the reformatting of the zoning codes and would establish a separate section of mobilehome park conversion. The Director clarified that this would only affect the trailer park if there was a conversion' of the park at a future date. The adoption of the ordinance will be at the same time as the zoning ordinance adoption. Levitt moved, second by Shanks to introduce Ordinance Number 1568 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE TO REPLACE CHAPTER 24.A, MOBILEHOME PARK CONVERSIONS, WITH A NEW TITLE 12, MOBILEHOME PARK CONVERSION." By unanimous consent, full reading of Ordinance Number 1568 was waived. The City Attorney read the title for the record and stated that this ordinance is identical to the ordinance that was adopted in 2000 that would protect the trailer park residences. AYES: NOES: ABSENT: Antos, Levitt, Shanks, Sloan None Ybaben Motion carried . I ITEM "V" / RESOLUTION NUMBER 5691 / BUDGET NUMBER 08-13/ AMEND POLICY 400-03 Lt. Olson gave a brief staff report indicating that staff would like to add to the list of co-sponsored events (Car Show and 10K Run) - the policy would require the city traffic engineer to certify a traffic control plan. Antos stated that there is only a one time cost for the traffic plan. Levitt asked if this is a cost to only the City and no increase costs to the Chamber for the special events - staff response: yes. Sloan moved, second by Levitt, to adopt Resolution Number 5691 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 08-13 FOR PUBLIC WORKS STREET MAINTENANCE OVERTIME." (Council Policy #400- 03 Public Works Labor/Resources for Special Events) By unanimous consent, full reading of Resolution Number 5691 was waived. AYES: NOES: ABSENT: Antos, Levitt, Shanks, Sloan None Ybaben Motion carried I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting at 8:37 p.m. to Monday, April 14, 2008 at 3:00 to meet to conduct interviews to fill the vacant Council seat in District 4. ~IA, [~ ity lerk City of Seal Beach Approved: ~~ Mayor Attest: J4}~ ~ City Clerk