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HomeMy WebLinkAboutCC Min 2008-06-09Seal Beach California June 9, 2008 Mayor Antos called the adjourned meeting of the Seal Beach City Council to order at 6:30 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Antos; Councilmembers Levitt, Miller, Shanks, Sloan Also present: David Carmany, City Manager Quinn Barrow, City Attorney Linda Devine, City Clerk CLOSED SESSION The Mayor stated that this would be the time for members of the public to comment on the item identified on the agenda, there were no speakers. The City Attorney announced that pursuant to the Brown Act the City Council would meet in closed session to discuss the items on the closed session agenda in accordance to Government Code Section 54956.9 (b) conference with legal counsel -anticipated litigation and stated that Item "B" on the closed session agenda will not be discussed - Government Code Section 54957 Public Employee Discipline /Dismissal /Release /Resignation. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 6:45 p.m. The City Attorney reported at the regular City Council meeting that the City Council met in Closed Session to conference with legal counsel regarding anticipated litigation (GC § 54956.9(b)) and gave direction to the City Attorney; the City Council did not discuss item "B" public employee discipline /dismissal / release /resignation (GC § 54957); there was no other reportable action taken. it erk City of Seal Beach Approved: ~~~ Mayor Attest: City Clerk 1 Page 2 -City Council 06-09-08 Seal Beach California June 9, 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. The City Attorney announced that the City Council met in Closed Session to conference with legal counsel regarding anticipated litigation (GC § 54956.9(b)) and gave direction to the City Attorney; the City Council did not discuss item "B" public employee discipline/dismissal/release/resignation (GC § 54957); there was no other reportable action taken. ROLL CALL Present: Mayor Antos; Council Members Levitt, Miller, Shanks, Sloan Also present: David Carmany, City Manager Quinn Barrow, City Attorney Patrick Importuna, Interim Assistant City Manager Lee Whittenberg, Director of Development Services Vince Mastrosimone, Director of Public Works Robbeyn Bird, Director of Administrative Services Chief Jeff Kirkpatrick, Police Department Michael Ho, City Engineer Doug Shur, Support Services Manager, Police Department Battalion Chief Jorge Valbuena, OC Fire Authority Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Councilman Shanks requested item "J" be removed from the consent calendar for separate consideration. Levitt moved, second by Shanks, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/PROCLAMATION Council proclaimed June 2008 as National Safety Month; no one was present to receive the proclamation. ORAL COMMUNICATION Mayor Antos announced that the audience will have an opportunity to speak during the budget workshop and declared Oral Communications to be open. Speakers Eldon Alexander, 8th Street, commented on zoning issues and his reasoning for wanting to recall Mayor Antos and Councilman Shanks; Richard Barbazette, SeaBreeze Drive, agreed with the zoning issue being placed on the ballot for the November and stressed the need to have community discussions; Seretta Fielding, Seal Beach Blvd., commented on the storm drain plan and the undergrounding of utilities; Seth Eaker, Seal Beach Chamber, gave a slide presentation regarding why the City should give the Seal Beach Chamber a percentage of the transient occupancy tax money (TOT); Joyce Parque, 6th Street, commented on several CIP projects and her concerns regarding the issuance of bonds; Robert Goldberg, Bridgeport, said he will hold comments until the budget workshop; Mike Buhbe, Central Way, agreed with holding an election on the height limit; Mary Lewis, 8th Street, stressed concern about the zoning issue and stated that she will proceed with the recall process of Mayor Antos and Councilman Shanks. There were no other speakers; Mayor Antos declared Oral Communications closed. 1 1 CITY ATTORNEY REPORT No report was given. Page - 3 City Council 06-09-08 1 1 CITY MANAGER REPORT No report was given. COUNCIL COMMENTS Councilmembers Shanks, Levitt, and Sloan commented on the importance of the Leisure World north gate being open and the need to improve the Beverly Manor road for safety of the pedestrians and bike riders. Mayor Antos indicated that the City elections are handled by the City Clerk and stated that in the June 3rd State election the voters passed Proposition 99 Eminent Domain - Limits on Government Acquisition of Owner-Occupied Residence and voted against Proposition 98 Eminent Domain -Limits on Government Authority. COUNCIL ITEM Shanks moved, second by Levitt, to confirm the appointments for the unexpired terms in District Four: Planning Commission -Henry Eagar, Candleberry Avenue; Parks & Recreation Commission - Schelly Sustarsic, Candleberry Avenue; Environmental Quality Control Board -Lorraine Navarro, Ironwood Avenue; Seal Beach Cable Communications Foundation - Richard D'Sa, Goldenrod Street; and AdHoc General Plan/Local Coastal Plan Citizens Advisory Committee -Richard D'Sa, Goldenrod Street. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Sloan moved, second by Miller to confirm the appointment of Jose Osuna as District 2 representative on the Seal Beach Cable Communications Foundation (unexpired term). AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None CONSENT CALENDAR -ITEMS "C" thru "P" Shanks moved, second by Levitt, to approve th items on the Consent Calendar as presented separate consideration. Motion carried e recommended actions for the except for item "J" pulled for The City Attorney read the titles of Ordinance Number 1572 and Ordinance Number 1575 (item "F") and Ordinance Number 1574 (item "L"). AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried C. Approved the minutes of the City Council Adjourned and Regular Meeting held on May 27, 2008 D. Approved regular demands numbered 70624 through 70880 in the amount of $800,546.41; payroll demands numbered 70570 through 70623 in the amount of $243,358.61 and authorized warrants to be drawn on the Treasury for same. 1 E. Cancelled the June 23, 2008 City Council Meeting due to lack of business items. F. Called for Election on November 4, 2008 and adopted the following: Ordinance Number 1572 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER AND FOR THE SUBMISSION TO THE QUALIFIED VOTERS A PROPOSED Page 4 -City Council 06-09-08 ORDINANCE RELATING TO A 25 FOOT HEIGHT LIMIT IN THE OLD TOWN AREA." Ordinance Number 1575 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH PROVIDING THE PROCEDURE FOR THE PREPARATION AND FORM OF ARGUMENTS AND THE IMPARTIAL ANALYSIS RELATING TO A MEASURE TO BE VOTED ON AT THE NOVEMBER 4, 2008 GENERAL MUNICIPAL ELECTION." Resolution Number 5733 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL PROVIDING FOR THE CONDUCT OF A RUNOFF ELECTION IN THE EVENT NO CANDIDATE RECEIVES A MAJORITY (50% PLUS 1) OF ALL THE VOTES CAST AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2008." Resolution Number 5734 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008." Resolution Number 5735 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE." G. Notified the Seal Beach Redevelopment Agency and staff that a review of the current conflict of interest code is required by October 1, 2008 and directed the City Attorney to coordinate the review. H. Adopted Resolution Number 5739 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 08-2 FORA PET STORE WITH PET BOARDING FACILITIES, VETERINARY SERVICES, PET GROOMING, PET TRAINING, AND PET ADOPTION SERVICES AT 12415 SEAL BEACH BOULEVARD, SEAL BEACH (PETSMART)." I. Adopted Resolution Number 5740 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO SIGN A LEASE AGREEMENT WITH SATELLITE TRACKING OF PEOPLE, LLC, FOR DEVICES TO MONITOR INMATES REMANDED AT THE CITY'S DETENTION FACILITY." J. Removed for separate consideration -Resolution Number 5741 service agreement with the City of Long Beach to provide Animal Control Services. K. Adopted Resolution Number 5742 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO SIGN A SERVICE AGREEMENT WITH PHOENIX GROUP INFORMATION SYSTEMS." (Alarm permits) 1 C 1 Page - 5 City Council 06-09-08 L. Introduced first reading of Ordinance Number 1574 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY TO BORROW MONEY FROM THE STATE WATER RESOURCES CONTROL BOARD FOR CERTAIN SEWER IMPROVEMENTS." M. Adopted Resolution Number 5737 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REQUESTING AN EXTENSION FROM THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) TO USE MEASURE M FUNDS FOR THE SEAL BEACH BOULEVARD (SBB) BRIDGE WIDENING PROJECT NO. 97-SBCH-MPAH-1154 IN FY 2009/2010." N. Adopted Resolution Number 5744 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ADOPTING THE SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM AND THE 2008 PAVEMENT MANAGEMENT PLAN UPDATE." (OCTA -Measure M) O. Adopted Resolution Number 5745 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF SEAL BEACH." (OCTA) P. Adopted Resolution Number 5743 entitled "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF PENSION OBLIGATION BONDS, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST AGREEMENT AND A BOND PURCHASE AGREEMENT, AND OTHER MATTERS RELATED THERETO." ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "J" /RESOLUTION NUMBER 5741 /ANIMAL CONTROL AGREEMENT / CITY OF LONG BEACH Councilman Shanks pulled this item for more information. The Police Chief stated the estimated net cost is about $10,000 per year and the police senior volunteers are out in the neighborhoods checking on unlicensed dogs. Shanks moved, second by Levitt to approve Resolution Number 5741 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO SIGN A SERVICE AGREEMENT WITH THE CITY OF LONG BEACH, CALIFORNIA PROVIDING ANIMAL CONTROL SERVICES." AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "Q" /UNDERGROUND UTILITY DISTRICT 08-1 /BEVERLY MANOR ROAD /RULE 20A FUNDS Mayor Antos announced that Council will consider the establishing of Underground Utility District 08-1. The City Clerk stated that the public hearing notice was published in the Sun newspaper on May 22, 2008, notices were mailed as required by law, and stated no correspondence for or against the matter was received. The Director of Public Works gave a brief staff report. The proposed underground utility district location is on Beverly Manor Road from the 405 Freeway to Seal Beach Boulevard. Undergrounding the utilities in the area where the new fire station is being built will significantly enhance the functionality of this major public facility in case of an earthquake and leave open the Page 6 -City Council 06-09-08 possibility that in the future, the parking lot adjacent to the facility could serve as a landing area for an emergency helicopter. The Engineer's Report provides detailed information of the boundaries and scope of work and staff has met with Southern California Edison (SCE) to assess the feasibility of this project the estimated cost of this project to be $1,100,000 in 2011 dollars and the City's California Public Utilities Commission (PUC) Rule 20A funds will completely fund the project, which includes design, construction, project management and inspection, undergrounding all service lines, service connections, and meter modifications. There will be no cost to the City's General Fund. Council comments: • Coordinate this project with the fire station project to minimize the need to tear-up or re-do the street area • Look for alternative area for the undergrounding besides the street (example: sidewalk, parking lot, etc.) • Is it possible for SCE to have more than one project going on at a time in the City Tami Bui, representative from SCE, stated the City determines where the location would be for the undergrounding and that SCE prefers to complete one project before they start another to insure there is sufficient funding but will check to see if they could start on this project once the other project is almost completed. The Mayor opened the public hearing: Robert Goldberg, Bridgeport, stated he originally opposed this project but now agrees with the undergrounding of this area for the reason for the need to have the functionality of the fire station in case of earthquakes and still disagrees with the City's process in how they select which area should have their utilities underground; Seth Eaker; Chamber of Commerce, said the Chamber supports the Beverly Manor project; Seretta Fielding, Seal Beach Blvd., asked Council to finish what is already started -Seal Beach Boulevard. There being no other speakers the Mayor closed the public hearing. Shanks moved, second by Sloan, to adopt Resolution Number 5747 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DESIGNATING AN UNDERGROUND UTILITY DISTRICT ON BEVERLY MANOR ROAD BETWEEN SEAL BEACH BOULEVARD AND 405 FREEWAY." AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "R" /STREET LIGHTING DISTRICT NO. 1 / FY 2008/2009 Mayor Antos announced that Council will consider the Street Lighting District No. 1 for fiscal year 2008-2009. The City Clerk stated that the public hearing notice was published in the Sun newspaper on May 22, 2008; notices were mailed as required by law, and stated no correspondence for or against the matter were received. The Director of Public Works stated that the assessments for the District are being levied for the following improvements: The maintenance and servicing of arterial street lights which provide an area wide special benefit to all assessable parcels within the district whether or not such parcels are in close proximity to such lights; and the maintenance and servicing of streetlights in close proximity to certain lots and parcels that provides a local special benefit to such lots or parcels. The total assessments for 2008-09 remain unchanged from prior years at approximately $143,539. A representative from MuniFinancial was present to answer any questions. The Mayor opened the public hearing: Robert Goldberg, Bridgeport, inquired how to get a streetlight installed in the Bridgeport area -the area is very dark. Seth Eaker, Chamber of Commerce, asked that the City look into more lighting on Main Street. There being no other speaker the public hearing was closed. Council comments: For the safety of the citizens staff should do a citywide study of adequate lighting. Page - 7 City Council 06-09-08 Shanks moved, second by Levitt, to adopt Resolution Number 5746 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA CONFIRMING THE DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR STREET LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2008-09." The City Attorney indicated that the City did not receive any written protests. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried With no objection Mayor Antos called for a recess at 8:25 p.m. and reconvened at 8:34 p.m. NEW BUSINESS No items at this time. WORKSHOP BUDGET /RECEIVE AND FILE The Director of Administrative Services gave a presentation with an overview of the City's financial status including the budget and fiscal policy: The City will maintain a designation of the General Fund's fund balance of 20% to 25% of operating expenditures to maintain the City's credit worthiness and cash flow requirements. The General Fund's undesignated fund balance will be maintained of at least 20% to 25% of operating expenditures to provide for: Economic uncertainties, local disasters, and other financial hardships or downturns in the local or national economy. Contingencies for unseen operating or capital needs. Cash flow requirements. In summary: Revenues are approximately $1.3 million over budget; expenditures are projected to be $8.5 million under budget including $5.0 million in capital projects not completed during the fiscal year; and fund balance is projected to be $29.2 million at June 30, 2008. With no objection the Mayor ordered to receive and file the report. PROPOSED FIVE-YEAR CAPITAL IMPROVEMENT PLAN / 2009-2013 The Director of Public Works presented the staff report reviewing the proposed 5- year Capital Improvement Program (CIP). The operational areas include: beach & pier, building & facilities, parks, sewer, storm drain, streets & transportation, and water. The funded projects identified for the next 5 years total over $60 million in general fund, grants, and user fees; unfunded projects identified total over $4 million. These projects are managed throughout the year and progress reports are given to the Council to evaluate any new opportunities to start new projects or resolve impediments to project completions. The CIP is a vital program that outlays the City's infrastructure improvement and strategically plans and prioritizes projects within a budget to maximize the funds. The ultimate goal for Capital Improvement Projects is to minimize the use of general funds and seek alternative resources; deliver capital projects on time, within budget and with minimal impact to maintain or improve the quality of life for the residents, business owners, tenants and tourist of Seal Beach. Council Comments and Concerns: • Status of the sand project -Army Corp of Engineers • Evaluate condition of McGaugh swimming pool -leaking, deck, heater, etc. • Old Town fire station repairs • CPE projects moved ahead of other projects • Review Pavement Management Plan • Review Master Storm Drain Plan • Other City facilities Community Comments: • $9 million in undesignated reserve • CIP lists 7 new projects that were not discussed Page 8 -City Council 06-09-08 • Need an updated survey on the condition of all city facilities • Jail should break even not run at cost to City of Seal Beach • Need to follow priority list from Storm Drain AdHoc Committee • Concerned about the McGaugh swimming pool condition • Chamber shares the same concerns as the community No action was taken. Council expressed the need to have more time to review the documents before adopting the 5-year CIP and directed staff to continue this item. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City. Council meeting at 9:55 p.m. to Wednesday, June 18, 2008 at 7:00 p.m. for a joint meeting with the Planning Commission for A61234 ethics training. ity lerk City of Seal Beach Approved: Mayor Attest: ity C erk Seal Beach, California June 18, 2008 The Planning Commission meeting was called to order at 7:00 p.m. by Chairman Deaton. The City Council of the City of Seal Beach met at 7:00 p.m. with Mayor Antos calling the joint ethics training session with the Planning Commission to order. ROLL CALL Present: Mayor Antos; Council Members Shanks and Sloan Council Members Levitt and Miller were not present -completed their ethics training on-line. Commissioners Deaton, Delay, Eagar, and Massa-Lavitt Commissioner Bello will complete the training on-line. Also present: David Carmany, City Manager Lee Whittenberg, Director of Development Services Chief Jeff Kirkpatrick, Police Department Jerry Olivera, Senior Planner Linda Devine, City Clerk Assistant City Attorney, Steve Flower and attorney Melissa Crosthwaite from Richards, Watson, and Gershon presented the AB1234 Ethics Training: Update on Local Government Law. Topics: Principles of Ethics in Public Service; Personal Financial Gain -The Political Reform Act -Government Code Section 1090 & Redevelopment Conflicts; Gifts, Perks & Misuse of Public Funds; 1 C i