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Home My WebLink AboutCC AG PKT 2008-11-10 #AAGENDA STAFF REPORT DATE: November 10, 2008 TO. Honorable Mayor and City Council THRU: David Carmany. Ciiy Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REQUEST: Approve minutes for City Council: regular meeting of October 13, 2008 and specal meeting of October 30, 2008. BACKGROUND: None FINANCIAL IMPACT: None RECOMMENDATION: Approve minutes for City Council: regular meeting of October 13, 2008 and special meeting of October 30, 2008 SUBMITTED BY: NOTED AND APPROVED: Ba/~ in a Devne, City Clerk David Carmany, City Manager Attachments. A Minutes Agenda Item /~ Seal Beach California October 13, 2008 ADJOURNED COUNCIL MEETING The City Clerk posted the cancellation and adjournment of the October 13, 2008 closed session City Clerk City of Seal Beach The Ciiy 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 Levltt, Miller, Shanks, Sloan Also present David Carmany, City Manager Quinn Barrow, City Attomey Patnck Importuna, Interim Assistant City Manager Lee Whittenberg, Director of Development Services Vince Mastrosimone, Director of Public Works Robbeyn Bird, Director of Administrative Services/Treasurer Chief Jeff Kirkpatrick, Seal Beach Police Department Captain Joe Barley, Seal Beach Lifeguard Department Michael Ho, City Engineer Tim Kelsey, Acting Recreation Program Facilitator Jill Ingram, Assistant to the City Manager Linda Devine, City Clerk City Attomey requested that item "L" be pulled and continued to a future meeting, Councilman Miller pulled item "E" and Councilman Shanks pulled item "S" from the consent calendar for separate consideration Levitt moved, second by Shanks, to approve the agenda as amended. AYES Antos, Levltt, Miller, Shanks, Sloan NOES None Motion carved PRESENTATIONS/RECOG N ITIONS Commendation/Proclamation • Seal Beach Naval Weapons Station Captain John D Kurtz, Chief of Naval Operations • Woman's Club of Seal Beach - 85 years of service Barbara W nght, president Presentation • "Shoulder Tap" Program -Chief Jeff Kirkpatrick, SB Police Department ABC grant to enforce alcohol and drinking laws within the community ORAL COMMUNICATION Mayor Antos declared Oral Communications to be open Speakers regarding Seal Beach Tennis Center (item E) -Jim Derry, Old Ranch Road and Patty Campbell, Ironwood Avenue; "No" on Measure Z• Carolyn Alexander, 8th Street, Peggy Kennon, Seal Beach, Julia Stark, Seal Beach, Joyce Parque, 6th Street, Page 2 -City Counal 10-13-OS Bob Gnffith, Seal Beach, Mary Lewis, 8th Street and Save Our Seal Beach, "Yes" on Measure Z. Mike Buhbe, Central Way and Seal Beach 4 two Stones, Sharman Snow, Seal Way, Mano Voce, Catalina Avenue, and Eldon Alexander, 8th Street and Save Our Seai Beach, commented on zoning issue There were no other speakers, Mayor Antos declared Oral Communications closed With no objections Mayor Antos recessed the meeting at 815 p.m and reconvened the meeting at 8 25 p m CITY ATTORNEY REPORT No report was given CITY MANAGER REPORT City Manager thanked Pat Importuna for his time as mtenm Assistant City Manager and introduced Jill Ingram as the incoming Assistant to the City Manager COUNCIL COMMENTS Councilman Shanks pointed out the language on the City's ballot measure m the sample ballot, Mayor Pro Tem Levitt reassured his constituents that he is still the council representative in Leisure Wodd for District 5, Councilman Miller stated he is not m any Brown Act violation and he reads all the documents presented before he votes, and Mayor Antos responded to a letter to the editor in the Sun News stating that the City is not in financial difficulties COUNCIL ITEM There were no items CONSENT CALENDAR -ITEMS "A" thN "T' Shanks moved, second by Lewtt, to approve recommended actions for the items on the Consent Calendar as presented except for items "E" and "S° pulled for separate consideration and item "L" pulled and continued for a future meeting AYES Antos, Lewtt, Miller, Shanks, Sloan NOES None Motion Gamed A Approved the minutes of the City Counal Adloumed and Regular Meeting held on September 8, 2008 B Approved regular demands numbered 72834 through 73418 in the amount of $2,862,900 60; payroll demands numbered 72845 through 72909 m the amount of $267,059 04, numbered 73141 through 73200 m the amount of $253,407 42 and authonzed warrants to be drawn on the Treasury for same C Received and filed the Monthly Investment Report -June 2008 D Adopted Resolution Number 5788 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT NO 09-04-01 FOR THE INCREASE OF APPROPRIATIONS" E Pulled for separate consideration (Miller). Seal Beaeh Tennis Center -Receive and 51e staff report and soda regarcling the Seal Beach Tennis Center F Adopted Resolution Number 5787 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND CREATIVE MANAGEMENT SOLUTIONS INC " (Conduct a sty-wide Classification and Compensation Study) Page - 3 City Council 10-13-OS G Adopted Resolution Number 5788 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AMENDMENT TO CITY COUNCIL POLICY NO 400-03, PUBLIC WORKS LABOR/RESOURCES FOR SPECIAL EVENTS" (include Founder's Day Celebration as City co-sponsored event) H Adopted Resolution Number 5789 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AMENDMENT TO LICENSE BETWEEN THE CITY OF SEAL BEACH AND TOTAL SPORTS CAMP" (amend license agreement with Scott Durzo) I Receroed and filed the staff report regarding the status on the Orange County and Las Angeles County Boundary Report J Received and filed the updated report on Off-Shore Oil Dolling issue K Adopted Resolution Number 5790 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING MITIGATED NEGATIVE DECLARATION 08-2, EAST BEACH SAND NOURISHMENT PROJECT, AND INSTRUCTING STAFF TO FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE" L Pulled and continued for a future meeting Bond Release - Paei}~c Gateway Business Center, Tract No 76375 -Adopt Resolution No. 5797 releasing Faithful Performance Bond and Labor and Matenals Bond M Adopted Resolution Number 5792 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING THE RELEASE OF A CASH BOND FOR 400 MARINA DRIVE, PARCEL MAP No 2005-257" N Adopted Resolution Number 5793 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT 8 NICHOL FOR PIER STRUCTURAL SAFETY ASSESSMENT INSPECTION, CIP No 50235" O Adopted Resolution Number 5794 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AGREEMENT WILLDAN FINANCIAL SERVICES FOR A WATER RATE STUDY" P Adopted Resolution Number 5795 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR SEWER LINING PROJECT NO SWR100". O Adopted Resolution Number 5796 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH CIVILTEC ENGINEERING, INC FOR SEWER CAPITAL IMPROVEMENT PROJECT, CP No SS0901" R Adopted Resolution Number 5797 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE STATE REVOLVING FUND LOAN ENVIRONMENTAL DOCUMENT PREPARATION PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING, CIP NO SS0901" Page 4 - Ciry Council 10-13-08 Pulled for separate consideration (Shanks) San Gabriel River Trail Enhancements, CIP No. BP0901 -Adopt Resolution No. 5799 approving a professional service agreement with RBF Consulting for protect designs, environmental preparation and clearance, and acquisison of necessary regulatory permits necessary to bM and construct protect T Adopted Resolution Number 5799 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL MAKING CERTAIN FINDINGS AND APPROVING AN AGREEMENT WITH ALBERT GROVER & ASSOCIATES FOR CITY OF SEAL BEACH AND LOS ALAMITOS SIGNAL SYNCHRONIZATION PROJECT, PROJECT No ST0908" ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "E" /SEAL BEACH TENNIS CENTER AUDIT Item pulled (Miller) -the Director of Administrative Sernces and Intenm Assistant City Manager bnefed the City Council about the audit report and responded to Council comments about the operation of the tennis center The audit reviewed only the revenues, internal controls of the center were not rewewed, minor discrepancies in the book keeping and bank deposits, $157,000 was subsidized by the City, routine maintenance of the center was not in the agreement, need to increase tennis membership to make it a viable program, City advertised for Request for Proposals (RFP) for a new operator for the center (current operator agreement expires 12-31-08 and is not interested in renewing agreement) and received five proposals The tennis center was not in good condition when the City received the property from Bixby -this includes the condition of the courts (currently asphalt) There is still a question of the million dollars that was given to the City by Bixby for the residents in College Park East Like other Park and Recreatlon programs the City subsidizes the tennis center Shanks moved, second by Miller, to receive and file the audit report on the Seal Beach Tennis Center AYES Antos, Levitt, Miller, Shanks, Sloan NOES None Motion carned Item pulletl (Shanks) -Councilman Shanks commented that the protect will enhance the bike trail for Seal Beach Shanks moved, seconded by Levitt, to adopt Resolution Number 5798 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR THE SAN GABRIEL RIVER TRAIL ENHANCEMENTS PROJECT ENGINEERING DESIGN, CIP NO BP0901 ". AYES Antos, Lewtt, Miller, Shanks, Sloan NOES None Motion carried PUBLIC HEARING Mayor Antos announced this was the time and place for a public heanng for Council to consider Resolution Number 5800 -establishing fees and charges for goads, services, and facilities provided by the City and supersedes Resolution Number 5569 The City Clerk stated that the public heanng notce was published in the Sun newspaper on October 2nd & 9th, 2008, and no correspondence for or against the matter was received Staff report was given by the Director of Development Sernces explaining a referendum petition protesting the passage of Title 11, Zoning (Ordinance #1576) was turned in to the City Clerk The Orange County Registrar of Voters certified the petitlons having a sufficient number of signatures During the period of uncertainty as to the ability of the Ciry to implement Title 11, the Ciry will continue to enforce the provisions of Chapter Page - 5 City Council 10-13-OS 28, Zoning As such, staff is recommending that Section 3, Planning Fees, sub- section A, Filing Fees, be revised to reflect the previous fees ublized to process the various application requests in accordance with Chapter 28, Zoning Mayor Antos then opened the public heanng There wen; no other speakers the Mayor closed the public hearing Shanks moved, second by Sloan, to adopt Resolution Number 5800 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING FEES AND CHARGES FOR GOODS, SERVICES AND FACILITIES PROVIDED BY THE CITY OF SEAL BEACH AND SUPERSEDING INCONSISTENT PROVISIONS OF RESOLUTION NUMBER 5783 ° AYES Antos, Levitt, Miller, Shanks, Sloan NOES None Motion carved NEW BUSINESS Consultant, Greg Cannon of Rowley International Inc gave a summary of the report pointing out that the current pool and the surrounding area does not meet the current codes Council Comments The City could spend millions of dollars to either improve or replace the swimming pool but the pool would belong to the school distnct and the school district does not have any funds to contribute to the pool There needs to be some public input before a final decision is made Shanks moved, second by Sloan to refer the matter to the Parks & Recreation Commission and recommended that the Los Alamitos Unified School Distnct participate in the discussions AYES Antos, Levitt, Miller, Shanks, Sloan NOES None Motion carved ITEM "W° /SPHERE OF INFLUENCES FOR CITIES AND SPECIAL DISTRICTS (SOI 08-031 The Director of Development Services indicated that the Local Agency Formation Commission (LAFCO) has requested cities and special distncts to provide any comments regarding the reconfirmation of their agencys sphere of influences. Levitt moved, second by Shanks to authorize the Mayor to execute a comment letter to LAFCO of Orange County reconfirming the current City position That the City of Seal Beach sphere of influence be reaffirmed as coterminous wdh the City's existing lunsdictional boundanes AYES Antos, Levitt, Miller, Shanks, Sloan NOES None Motion carried With no obtections Mayor Antos recessed the meeting at 9 55 p m and reconvened the meeting at 10.05 p m ITEM "X" /CERTIFY RESULTS OF SUFFICIENCY /REFERENDUM PETITION AGAINST ORDINANCE NUMBER 1578 -TITLE 11. ZONING The City Attorney outlined the Council options in the staff report regarding the referendum process The three options 1) Repeal Ordinance Number 1576, 2) Calling for an election, or 3) Continuance defer taking any action at this ttme - Chapter 28, Zoning would be in effect and Title 11, Zoning would be stayed. Sloan moved, seconded by Miller, to continue the matter until after the November 4th election AYES. Antos, Levitt, Miller, Shanks, Sloan NOES None Motion carved Page 6 -City Council 10-13-08 UNFINISHED BUSINESS The City Manager gave a bnef staff report on the Master Joint Use Agreement, highlighted the changes made, and also indicated that Council will approve the individual agreements for each of the shared faalities as they are drafted Sloan moved, second by Miller, to adopt Resolution Number 5785 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING THE MASTER JOINT-USE AGREEMENT FOR USE OF SHARED SITES BETWEEN THE CITY OF SEAL BEACH AND THE LOS ALAMITOS SCHOOL DISTRICT' and designate Mayor Antos and Councilman Shanks as the Council representatives to meet with the school district as outlined in the agreement AYES Antos, Levitt, Miller, Shanks, Sloan NOES None Motion carved ADJOURNMENT It was the order of the Chair, with consent of the Councl, to ad)oum the City Council meeting at 10 08 p m to Monday, November 10, 2008 at 6 30 p.m to meet in closed session, rf deemed necessary, and cancelled the October 27, 2008 Council meeting City Clerk City of Seal Beach Approved Mayor Attest City Clerk Seal Beach California October 27, 2008 By action of the City Council the regular City Council meeting scheduled for this date was cancelled due to the lack of business items in need of consideration. City Clerk and ex-offiao Clerk Of the City of Seal Beach THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH Seal Beach California October 30, 2008 The Ciiy Council of the City of Seal Beach met In speaal meeting at 4 OS p m with Mayor Antos calling the meeting to order in the City Hall Conference Room The Special Meebng Notice read as follows CALL AND NOTICE OF SPECIAL MEETING OF THE SEAL BEACH CITY COUNCIL TO THE PUBLIC AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH Charles Antos, 205 -12th Street #B, Seal Beach Dawd W Sloan, 209 College Park Dnve, Seal Beach Michael Levd, 1380 Weeburn Road #81 L, Seal Beach Gordon Shanks, 215 Surt Place, Seal Beach Gary Miller, 4632 Guava Avenue, Seal Beach YOU ARE HEREBY NOTIFIED THAT, pursuant to Sechon 54958 of the Califomia Govemment Code, Mayor Chades Antos hereby calls a special meeting of the Seal Beach City Council to be convened in the City Council Conference room, Seal Beach City Hall, 211 - 8th Street, Seal Beach, California, 90740 on Thursday, October 30th, 2008 at 4 00 p m The business to be transacted at the special meeting is as follows Conference with Lecal Counsel Initiation of Litication oursuant to Government Code Section 54956 9(cl Based upon existing facts and ciroumstances, the City Council will be considenng the inihation of litigation Number of cases 1 Please note that members of the public will be provided the opportunity to dvectly address the City Council concerning the item descnbed above before the City Councl considers such item No other business shall be considered DATED THIS 29th day of October 2008 (signed) Charles Antos, Mayar City of Seal Beach ROLL CALL Present• Mayor Antos Councilmembers Levitt, Miller, Shanks Absent Councilman Sloan Also present Ownn Barrow, City Attorney Anita Chapanond, Appointed Deputy Clerk/Adminlstrative Assistant Mayor Antos recessed the closed session to the City Council Chambers for public comment. Page 2 -City Counctl 10-30-08 Speakers regarding the use of Ciiy logo for campaign purpose Agamst the use. Elizabeth Kane, 7th SVeet, Mitzi Morton, 13th Street; Sharman Snow, Seal Way; Michael Buhbe, Central Way, Ellery Deaton, 4th Street In Favor of the use Joyce Parque, 6th Street, Eldon Alexander, 8th StreeUSave Our Seal Beach, Mary Lewis, 8th StreeVSave Our Seal Beach There being no other speakers the City Attorney announced that the City Counctl will adjourn to closed session pursuant to Government Code Section 54956 9(c) to discuss the item identrfied on the agenda The City Council returned to the Council Chamber where the City Attorney announced that Council considered the matter on the agenda and gave direction to the City Attorney, there was no other reportable action taken Mayor Antos adjourned the special meebng at 5 00 p m Appointed Deputy Clerk City of Seal Beach Approved Mayor Attest City Clerk THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH