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Home My WebLink AboutCC Min 2008-07-28Seal Beach California July 28, 2008 ~, Mayor Antos called the adjourned meeting of the Seal Beach City Council to order at 6:00 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 (a) conference with legal counsel -existing litigation (Castagna v. City of Seal Beach) and Government Code Section 54956.8(b) conference with real property negotiators (entrance to First Street parking lot -Bay City Partners). ADJOURNMENT The City Attorney reported the City Council gave direction to the City Attorney and City Manager on both agenda items and there was no other reportable action taken. It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 6:53 p.m. ity Jerk City of Seal Beach 1 Approved: ~~~~ ,~~~ Mayor Attest: Ci y Jerk Page 2 -City Council 07-28-08 Seal Beach California July 28, 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; 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 Lieutenant Tim Olson, Seal Beach Police Department Michael Ho, City Engineer Captain Joe Bailey, Lifeguard Department Battalion Chief JJ McMasters, OCFA Representative Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Shanks moved, second by Levitt, to approve the agenda as presented. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/PROCLAMATION There were no presentations. ORAL COMMUNICATION Mayor Antos declared Oral Communications to be open. Speakers: Richard Barbarzette, Seabreeze Drive, commented on the zoning issue; Seth Eaker, SB Chamber/13th Street, made some announcements and spoke about the chamber and city working together; Marie Buhbe, Central Way, expressed support for Councilman Shanks and Mayor Antos; Jeff Fendle, 8th Street, expressed concern about the noise and disturbance from the Main Street Cyclery; James David, 16th Street, concerned about the zoning issue; John Ramsey, 8th Street, made comments regarding the bicycle shop; Roger Northrup, Dublin Hair, asked if the city can step up the steam cleaning of the sidewalks and cleaning of the trash receptacles; Peggy Kennon, Seal Beach, commented about the zoning issue in relation to her property; Eldon Alexander, 8th Street, stated several concerns about the zoning issue; Mitzi Morton, 13th Street, read an editorial from the Press Telegram regarding the zoning issue; Roger West, Electric Avenue, supports the council and read excerpts from a 2006 LA Times article; Catherine David, 16th Street, commended council for their actions and added her support; Mary Lewis, 8th Street, stated that council disregarded the compromise process and the study sessions; Paul Yost, Schooner Way, as former councilman he wanted to state his support for the council efforts and there should be a balance of rights and community. There were no other speakers; Mayor Antos declared Oral Communications closed. With no objection the Mayor called for a recess at 7:55 p.m. and reconvened the meeting at 8:05 p.m. CITY ATTORNEY REPORT No report was given. CITY MANAGER REPORT No report was given. ,. , Page - 3 City Council 07-28-08 COUNCIL COMMENTS Councilman Sloan commended the staff for the good work done on the bike trail by Leisure World. Councilman Shanks stated that the history of the city shows that issues boil up and causes the community to come together to work out what is best for the City. Mayor Antos cautioned the residents about signing any petitions and that they need to read it before signing, he then asked about the City's policy for personnel records. City Manager responded: All employee records are confidential and the records for the employees that leave are kept for 10 years after separation. COUNCIL ITEM There were no items. CONSENT CALENDAR -ITEMS "A" thru "F" Levitt moved, second by Sloan, to approve the recommended actions for the items on the Consent Calendar as presented. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried The City Attorney read the titles of Ordinance Number 1577 (item "C") and Ordinance Number 1578 (item "D"). A. Approved the minutes of the City Council Adjourned and Regular Meeting held on July 14, 2008. B. Approved regular demands numbered 71628 through 71886 in the amount of $1,387,018.68; payroll demands numbered 71725 through 71798 in the amount of $289.701.37 and authorized warrants to be drawn on the Treasury for same. C. Adopted Ordinance Number 1577 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE RELATING TO REMOVAL OF ABANDONED VEHICLES AND UNAUTHORIZED VEHICLES ON PRIVATE PROPERTY." D. Adopted Ordinance Number 1578 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE MUNICIPAL CODE OF THE CITY OF SEAL BEACH, TITLE 9, PUBLIC PROPERTY, PUBLIC WORKS AND BUILDING REGULATIONS, BY ADDING CHAPTER 9.65, RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE, AND AMENDING TITLE 6, FRANCHISES, CHAPTER 6.20, SOLID WASTE AND RECYCLABLES, SECTION 6.20.170, CONSTRUCTION AND DEMOLITION SITES, AND SECTION 6.20.180, UNAUTHORIZED CONTAINERS." E. Adopted Resolution Number 5765 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ENTERING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE COUNTY OF ORANGE FOR THE USE OF THE COUNTY'S A/ertOC MASS NOTIFICATION EMERGENCY WARNING SYSTEM." F. Adopted Resolution Number 5766 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING AN EXPENDITURES REPORT MADE FROM THE FISCAL YEAR 2007-2008 COPS-SLESF GRANT." G. Not Used. Page 4 -City Council 07-28-08 ITEMS REMOVED FROM THE CONSENT CALENDAR No items were removed. PUBLIC HEARING No hearings were scheduled. NEW BUSINESS None UNFINISHED BUSINESS The City Manager gave a brief explanation of the next two items: the Pavement Management Plan is an evaluation of the current conditions of all of the City streets and recommends a system of priorities based on the ranking of the streets. The goal would be to have all the streets in Seal Beach brought up to a higher standard; the Capital Improvement Program is used to coordinate all the upcoming projects to deal with them in the right order. ITEM "H" /PAVEMENT MANAGEMENT PLAN The Director of Public Works gave the staff report stating the pavement management program is a way of prioritizing the street system in the city but does not replace an informed decision maker, engineering evaluation of projects, or software used; the Plan is updated bi-annually in order to be eligible for Measure M funds; and staff was asked to bring back a list of street improvements for two areas (estimated costs for Old Town - $1.5 and College Park East - $560,000). Adopting the PMP does not appropriate the funding for the projects; this is done during the Council annual budget adoption or can be done by Council approving budget amendments; in 2008-2009 the budgeted amount is $350,000 for local street - in 2007 an additional $87,000 was added from the County of Orange (Prop 42). The City Manager cautioned the Council that in order to bring all streets to a higher standard the City needs to continue to fund the Annual Pavement Maintenance Program as well as adding more funds to the list of streets needing repair. The Director of Public Works indicated that the costs listed in the PMP for the streets is estimated using rubberized asphalt but does not include the cost for replacing the curbs and gutters. The order of when a street is done is determined by when other capital improvement projects are scheduled to be done like storm drains and staff tries to group the streets to be done together in order to get a better contractor bid price. After Council deliberation the following actions were taken: Sloan moved, second by Antos to set a goal that the condition of all the streets in the City of Seal Beach be rated at a level no lower than "Good". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried By order of the Mayor a Pavement Management Sub-committee (Antos, Miller, and a city staff member) will meet to create a list of prioritized streets for Council approval. With no objection it was determined that unanticipated additional general fund revenues will be used for the pavement management program in Old Town and College Park East. Page - 5 City Council 07-28-08 Levitt moved, second by Shanks, to adopt Resolution Number 5767 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ADOPTING THE 2008 PAVEMENT MANAGEMENT PLAN UPDATE." AYES: Antos, Levitt, Shanks, Sloan NOES: Miller Motion carried ITEM "I" /RESOLUTION NUMBER 5738 / 5-YEAR CAPITAL IMPROVEMENT PLAN /RESOLUTION NUMBER 5763 /BUDGET AMENDMENT #09-01-03 The agenda staff report included the response to Council concerns on the Sand Replenishment Project with the Army Corp of Engineers, the McGaugh Swimming Pool Project, and the Storm Drain Master Plan. Shanks moved, second by Levitt, to adopt Resolution Number 5738 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM." AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Shanks moved, second by Levitt, to adopt Resolution Number 5764 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET AMENDMENT NO. 09-01-03 FOR THE INCREASE OF APPROPRIATIONS TO THE GENERAL FUND." AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Mayor Antos recessed to the Seal Beach Redevelopment Agency Meeting at 9:25 p.m. and reconvened the City Council at 9:28 p.m. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting at 9:29 p.m. to Monday, August 11, 2008 at 6:30 p.m. to meet in closed session, if deemed necessary. it Clerk City of Seal Beach Approved: c~~ Mayor Attest: City Clerk