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Home My WebLink About~CC Agenda 2004-06-28 : �� F c •as AGENDA f,9:o • Z , Q 21\ ADJOURNED REGULAR CITY COUNCIL MEETING CITY OF SEAL BEACH, CALIFORNIA Monday, June 28, 2004, 5:00 p.m. City Hall Council Chambers . 211 Eighth Street Seal Beach, California PAUL YOST MAYOR Third District CHARLES ANTOS MIKE LEVITT MAYOR PRO TEM COUNCIL MEMBER First District Fifth District JOHN LARSON RAY YBABEN • COUNCIL MEMBER COUNCIL MEMBER Second District Fourth District Next Council Resolution: Number 5252 Next Council Ordinance: Number 1526 This Agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action or discussion shall be taken on any item not appearing on the agenda. Supporting documents, including staff reports, are available for review at City Hall in the City Clerk's Office, 211 Eighth Street, Seal Beach, California or contact Linda Devine, City Clerk, at ( (562) 431 -2527, Monday through Thursday, between the hours of 7 AM and 6 PM and Fridays, between the hours of 8 AM and 4 PM. In compliance with the Americans with Disabilities Act of 1990, if you require a disability- related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk's office at (562) 431 -2527 at least 48 hours prior to the meeting. City of Seal Beach Virtual City Hall Web Site: www. ci.seal- beach.ca.us CALL TO ORDER OATH OF OFFICE — 5 District Council Representative COUNCIL ROLL CALL CLOSED SESSION: (At this time members of the public may address the Council regarding the following items. Those members of the public wishing to address the Council are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Any documents for Council review should be presented to the City Clerk for distribution to Members of the Council.) A. Conference with Real Property Negotiator Government Code Section 54956.8 Property: APN No. 095- 010 -51 Agency Negotiator: City Manager John Bahorski /Friends of Seal Beach Animal Shelter B. Conference with Legal Counsel, Anticipated Litigation, G.C. 54956.9(b),(c) A point has been reached where, in the opinion of the City Council, on the advice of its legal counsel, based on existing facts and circumstances, there is significant exposure to litigation against the City. Further, the Council is considering the initiation of litigation. Number of cases: 2 C. Conference with Labor Negotiator, G.C. 54957.6 City Negotiator: William Avery & Assoc. /City Manager Employee Organization: OCEA D. Conference with Labor Negotiator, G.C. 54957.6 City Negotiator: William Avery & Assoc. /City Manager Employee Organization: CEA (City of Seal Beach Employee) E. Conference with Labor Negotiator, G.C. 54957.6 City Negotiator: William Avery & Assoc. /City Manager Employee Organization: Unrepresented Management Employees ADJOURN Monday, June 28, 2004 City Council Session s pR EacP ', AGENDA �i ��R4TF '� Fq�i,l S5:O = .9F R 27 0g�h \ �7 = fOUNTY. CP�- REDEVELOPMENT AGENCY MEETING CITY OF SEAL BEACH, CALIFORNIA Monday, June 28, 2004, 6:45 p.nz. City Hall Council Chambers 211 Eighth Street Seal Beach, California PAUL YOST AGENCY CHAIR Third District CHARLES ANTOS JOHN LARSON AGENCY MEMBER AGENCY MEMBER First District Second District MIKE LEVITT RAY YBABEN AGENCY MEMBER AGENCY MEMBER Fifth District Fourth District Next Agency Resolution: 04 -01 This Agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action or discussion shall be taken on any item not appearing on the agenda. Supporting documents, including staff reports, are available for review at City Hall in the City Clerk's Office, 211 Eighth Street, Seal Beach, California or contact Linda Devine, City Clerk, at (562) 431- 2527, Monday through Thursday, between the hours of 7 AM and 6 PM and Fridays, between the hours of 8 AM and 4 PM. In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, you should contact the City Clerk. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. City of Seal Beach Virtual City Hall Web Site: www.ci.seal- beach.ca.us June 28, 2004 ti CALL TO ORDER AGENCY ROLL CALL . APPROVAL OF AGENDA At this time, members of the City Council, acting as the Redevelopment Agency of the City of Seal Beach, may take action on matters within the jurisdiction of the Redevelopment Agency. PUBLIC COMMENT At this time, members of the public may address the Agency regarding any items within the subject matter jurisdiction of the Agency. Pursuant to the Brown Act, the Agency cannot discuss or take action on any items not on the agenda unless authorized by law. Matters brought before the Agency that are not on the agenda may, at the Agency's discretion, be referred to staff and placed on a future agenda. Those members of the public wishing to address the Agency are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Any documents for Agency review should be presented to the City Clerk for distribution to Members of the Agency. AGENCY ITEMS: A. Minutes of February 23, 2004 Redevelopment Agency Meeting — Approve by minute order. B. Selection of Chair and Vice Chair. ADJOURN June 28, 2004 Seal Beach, California February 23, 2004 The Redevelopment Agency met in regular session at 6:45 p.m. with Chairman Yost calling the meeting to order. ROLL CALL Present: Agencymembers Antos, Campbell, Yost Absent: Agencymembers Doane, Larson Agencymembers Doane and Larson arrived in the Chambers shortly after the meeting was called to order. Also present: Mr. Bahorski, Executive Director Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Ms. Yeo, City Clerk APPROVAL OF AGENDA Campbell moved, second by Antos, to approve the order of the agenda as presented. AYES: Antos, Campbell, Yost NOES: None ABSENT: Doane, Larson Motion carried PUBLIC COMMENTS Chairman Yost declared Public Comments to be open. Ms. Joyce Parque, Seal Beach, noted the status report with regard to the home rehab loan program was on the agenda. She asked that after Chairman Yost becomes Mayor and the new member is seated that an attempt be made to have the Agency meetings televised, it is only once a month and the meeting can start at_7 :0.0_p..m.,- stating that the people of the community should be involved in Agency matters, it is their tax dollars that are being spent. With regard to the home loan program, Ms. Parque said sixty-two percent of those monies were supposed to go to families, she would like someone to ask how many are families, and claimed that it is not right that that money go to single people, this program needs to be done the right way, if it is not then sue them. Mr. Frank Boychuck, Trailer Park, provided an update as to the MPROP loan, said he had spoken to the person in charge of the H /CD MPROP loans in Sacramento and was told that the MPROP loan forms provided by Linc were invalid, those forms did not adequately speak to the ownership aspect of the Park and what the program is about, the H /CD representative has since sent the appropriate, approved form, Hunter Johnson of Linc has approved it, this means starting all over to obtain the loan signatures, this will necessitate getting one hundred seventy -two signatures submitted by March 1st, this is a benefit to the City, and it is the responsibility of the people in the Park to get that money back to the City in that it was the City who provided the bridge loan for Linc Housing to purchase the Park on behalf of the residents some three years ago. Ite A Page Two - Redevelopment Agengy Minutes - February 23, 2004 There being no further comments, Chairman Yost declared Public Comments to be closed. AGENCY MINUTES Larson moved, second by Antos, to approve the minutes of the January 26th, 2004 meeting. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried STATUS REPORT - HOME IMPROVEMENT PROGRAM The Director of Development Services presented the staff report that provided an overview of the current funding status of the different home improvement programs, the number of loans that have been approved, those under construction, the funding levels, also the funding levels for those that have been placed on suspension since there are no available funds at this time, the report also explained that the Cal Home program was not approved by the State, and the status of the MPROP loan as mentioned by the previous speaker. He pointed out that there is an attachment of frequently asked questions as well, it will be posted on the City's web page the following day which gives a general overview of the program. It was the order of the Chair, with consent of the Agency, to receive and file the status report. AGENCY COMMENTS Agencymember Antos suggested that at some point possibly televising the Redevelopment Agency meeting should be looked at, it could be done one meeting a month by moving the Council session back by fifteen or twenty minutes, that may accommodate the schedules of the video crews. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:53 p.m. THESE MINUTES ARE TENTATIVE ONLY, SUBJECT TO THE APPROVAL OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH. Agency Minutes Approved ......... F • * I AGENDA r 9 '. Q ti F 9F R 27 ti. ` ?. - O � - co o.. .. . CPS,_ • REGULAR CITY COUNCIL MEETING, CITY OF SEAL BEACH, CALIFORNIA Monday, June 28, 2004, 7:00 pm City Hall Council Chambers 211 Eighth Street Seal Beach, California PAUL YOST MAYOR Third District CHARLES ANTOS MIKE LEVITT MAYOR PRO TEM COUNCIL MEMBER First District Fifth District JOHN LARSON RAY YBABEN COUNCIL MEMBER COUNCIL MEMBER Second District Fourth District Next Council Resolution: Number 5252 Next Council Ordinance: Number 1526 This Agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action or discussion shall be taken on any item not appearing on the agenda. Supporting documents, including staff reports, are available for review at City Hall in the City Clerk's Office, 211 Eighth Street, Seal Beach, California or contact Linda Devine, City Clerk, at fet (562) 431 -2527, Monday through Thursday, between the hours of 7 AM and 6 PM and Fridays, between the hours of 8 AM and 4 PM. In compliance with the Americans with Disabilities Act, if you require a disability- related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk's office at (562) 431 -2527 at least 48 hours prior to the meeting Monday, June 28, 2004 City Council Session • CALL TO ORDER PLEDGE OF ALLEGIANCE: ROLL CALL. APPROVAL OF AGENDA By motion of the City Council this is the time to: notify the public of any changes to the agenda and/or rearrange the order of the agenda. PRESENTATIONS/PROCLAMATIONS: ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters brought before the Council that are not on the agenda may, at the Council's discretion, be referred to staff and placed on a future agenda. Those members of the public wishing to address the Council are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Any documents for Council review should be presented to the City Clerk for distribution to Members of the Council. CITY ATTORNEY REPORT: Quinn Barrow, Esq. CITY MANAGER REPORT: John B. Bahorski, City Manager COUNCIL COMMENTS: COUNCIL ITEMS: A. Mayoral Appointments — Consider adoption of Resolution No. 5252 confirming appointments made by Mayor and Council of representatives to various boards, agencies and organizations, assigning certain duties to Councilmembers. • B. Review and Appointments to City Boards & Commissions. Monday, June 28, 2004 City Council Session CONSENT: Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items previously removed by Council, staff or a member of the public. *C. WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES: With no Member of the Council dissenting, Council to waive full reading of all Resolutions and Ordinances introduced and or acted upon at this meeting. *D. Minutes of May 24, 2004 and June 14, 2004 Adjourned and Regular Sessions - Approve by minute order. *E. Approve by Minute Order Demands on Treasury: Warrants: 46699 -46904 $ 394,673.87 Year -to -Date: $22,894,135.73 Payroll: Direct Deposits & Cks 10806362 — 10806442 $ 177,837.40 Year -to -Date: $ 4,816,794.10 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. *F. Monthly Investment Report — May, 2004 — Receive and file. *G. Budget Amendment Adjustment - Adopt Resolution No. 5253 approving Budget Amendment No. 04 -29 for fiscal year 2003/04 for increases in wages and benefits due to the negotiated MOU changes to Police Management Association and Police Officer's Association employee groups, and other wages and benefit cost increases. *H. Removal of San Gabriel Pacific Park Society from the Project Area Committee — Adopt Resolution No. 5254 relinquishing representation and adopt Resolution No. 5255 redefining membership and rescinding Resolution No. 3211. *I. West Orange County Water Board Fiscal Year 2004/2005 Budget — Approve FY 2004/2005 Budget and City's share in the amount of $34,438. *J. Manual of Uniform Traffic Control Devices (MOTCD) — Adopt Resolution No. 5256 adopting the Federal Highway Administration Manual on Uniform Traffic Control Devices 2003 Edition as amended by MUTCD 2003 California Supplement and authorize Director of Public Works /City Engineer to make changes as required. *K. Orange County Transportation Authority (OCTA) Amendment No. 8, C95 -991 - Approve amendment to original Master Funding Agreement with OCTA to replace Exhibit A with a revised list of open projects. Monday, June 28, 2004 City Council Session *L. City's Water System Security Vulnerability Assessment Report to United States Environmental Protection Agency— Receive and file. *M. Seven -Year Capital Improvement Program — Approve 7 -year CIP as required by the Orange County Transportation Authority (OCTA) for funding under the Measure M Program. *N. Circulation Element for Measure M Eligibility — Adopt Resolution No. 5257 approving the City's circulation element. *O. Award Bid for Seal Beach Blvd. & Pacific Coast Highway Intersection Widening, Project No. 49758 — Award Construction contract to lowest bidder, R.J. Noble in the amount of $530,351 and authorize City Manager to execute the contract. *P. Police Records/Document Purge — Approve purging of Police Department records which meet California Public Records Act qualifications for destruction, pursuant to Resolution No. 4951 adopted October 22, 2001. *Q. Facility Condition Assessment Report and Findings — Receive and File. *R. Renewal of One -Year Parking Agreement Between Grace Community Church and City of Seal Beach — Approve Letter of Agreement for one -year renewal of use of the Eighth Street City Hall permit parking lot by Grace Community Church. ITEMS REMOVED FROM THE CONSENT CALENDAR: PUBLIC HEARING: S. Fiscal Year 2004 -2005 and Fiscal Year 2005 -2006 Operating and Capital Budgets and Fiscal Year 2004 -2005 Appropriation Limit — Upon conclusion of public hearing, recommend adoption of Resolution No. 5258 approving FY 04 -05 and FY 05 -06 Budget and CIP and amending appropriation limit for FY 2003 -2004. T. Street Lighting District — Upon conclusion of public hearing, recommend adoption of Resolution No. 5259 confirming the Diagram and Assessment and Levying Assessments for Street Lighting District No. 1 for Fiscal Year 2004 -05. Monday, June 28, 2004 City Council Session NEW BUSINESS: U. Zoeter School History & Status Report. V. Presentation of the Police Services Study. W. Legal Authority for Waste Discharge Requirements: Fats, Oils and Grease Management Discharge and Control Regulations — Request Introduction for first reading of Ordinance No. 1526 adding Chapter 9.22 to the Municipal Code regulating the management, discharge and control of fats, oil and grease into City's sewer system. X. Business License Report — Staff requests direction of proposed Municipal Code changes regarding Business License Tax. CLOSED SESSION: ADJOURN to July 12, 2004 — 6:30 p.m. • Monday, June 28, 2004 City Council Session