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Home My WebLink AboutCC Min 2008-10-13Seal Beach California October 13, 2008 ADJOURNED COUNCIL MEETING The City Clerk posted the cancellation and adjournment of the October 13, 2008 closed session. 1 Ci Clerk City of Seal Beach 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 Ciry Manager Lee Whittenberg, Director of Development Services Vince Mastrosimone, Director of Public Works Robbeyn Bird, Director of Administrative ServiceslTreasurer Chief Jeff Kirkpatrick, Seal Beach Police Department Captain Joe Bailey, Seal Beach Lifeguard Department Michael Ho, Ciiy Engineer ' Tim Kelsey, Acting Recreation Program Facilitator Jill Ingram, Assistant to the City Manager Linda Devine, City Clerk City Attorney 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, Levitt, Miller, Shanks, Sloan NOES: None ~ Motion carried 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 Wright, 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 Council 10-13-08 Bob Griffith, Seal Beach; Mary Lewis, 8th Street and Save Our Seal Beach; "Yes" on Measure Z: Mike Buhbe, Central Way and Seal Beach 4 two Stories; Sharman Snow, Seal Way; Mario Voce, Catalina Avenue; and Eldon Alexander, 8th Street and Save Our Seal 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 8:15 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 interim 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 in the sample ballot; Mayor Pro Tem Levitt reassured his constituents that he is still the council representative in Leisure World for District 5; Councilman Miller stated he is not in 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 COUNCIL ITEM There were no items. not in financial difficulties. CONSENT CALENDAR -ITEMS "A" thru "T" Shanks moved, second by Levitt, 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, Levitt, Miller, Shanks, Sloan NOES: None Motion carried A. Approved the minutes of the City Council Adjourned 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 in the amount of $267,059.04; numbered 73141 through 73200 in the amount of $253,407.42 and authorized warrants to be drawn on the Treasury for same. C. Received and filed the Monthly Investment Report -June 2008. D. Adopted Resolution Number 5786 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 Beach Tennis Center -Receive and file staff report and audit regarding 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 acity-wide Classification and Compensation Study) .. ,..... ,,.,r, Page - 3 City Council 10-13-08 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 ' CITY COUNCIL OF THE AMENDMENT TO LICENSE AND TOTAL SPORTS CAM Durzo) 5789 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH APPROVING BETWEEN THE CITY OF SEAL BEACH '". (amend license agreement with Scott Received and filed the staff report regarding the status on the Orange County and Los Angeles County Boundary Report. J. Received and filed the updated report on Off-Shore Oil Drilling 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 -Pacific Gateway Business Center, Tract No. 76875 -Adopt Resolution No. 5797 releasing Faithful Pertormance Bond and Labor and Materials 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 & 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 N0. 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 -City Council 10-13-08 S. Pulled for separate consideration (Shanks). San Gabriel River Trail Enhancements, CIP No. BP0907 -Adopt Resolution No. 5798 approving a professional service agreement with RBF Consulting for project designs, environmental preparation and clearance, and acgwsition of necessary regulatory permits necessary to bid and construct project. 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 Services and Interim Assistant City Manager briefed 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 reviewed; 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 Recreation 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 carried Item pulled (Shanks) -Councilman Shanks commented that the project 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: Aritos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "U" /RESOLUTION NUMBER 5800 /FEES AND CHARGES SCHEDULE / GOODS. SERVICES. AND FACILITIES Mayor Antos announced this was the time and place for a public hearing for Council to consider Resolution Number 5800 -establishing fees and charges for goods, services, and facilities provided by the City and supersedes Resolution Number 5569. The City Clerk stated that the public hearing notice 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 Services explaining a referendum petition protesting the passage of Title ii, Zoning (Ordinance #1576) was turned in to the City Clerk. The Orange County Registrar of Voters certified the petitions having a sufficient number of signatures. During the period of uncertainty as to the ability of the City to implement Title 11, the City will continue to enforce the provisions of Chapter .. . • .:~ ~N,y Page - 5 Ciiy Council 10-13-08 28, Zoning. As such, staff is recommending that Section 3, Planning Fees, sub- section A, Filing Fees, be revised to reflect the previous fees utilized to process the various application requests in accordance with Chapter 28, Zoning. Mayor Antos then opened the public hearing. There were 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 carried NEW BUSINESS ITEM_ "V" / MCGAUGH SWIMMING POOL /RENOVATION-REPLACEMENT FEASIBILITY STUDY REPORT 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 Ciry could spend millions of dollars to either improve or replace the swimming pool but the pool would belong to the school district 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 District participate in the discussions. AYES: Antos, Levitt, Miller, Shanks, Sloan ' NOES: None Motion carried ITCAA "1AP' / CDLICQC !lC IAICI 1 ICAI!`CC C/lO !`ITICC A0.111 COChIA1 111CTO1/`TC The Director of Development Services indicated that the Local Agency Formation Commission (LAFCO) has requested cities and special districts to provide any comments regarding the reconfirmation of their agency's 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 with the City's existing jurisdictional boundaries. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried With no objections 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 The Ciry 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 time - 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 carried Page 6 -City Council 10-13-08 UNFINISHED BUSINESS TO JOINT COMMITTEE The City Manager gave a brief 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 facilities 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 carried ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting at 10:08 p.m. to Monday, November 10, 2008 at 6:30 p.m. to meet in closed session, if deemed necessary; and cancelled the October 27, 2008 Council meeting. City C erk 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 Jerk and ex-officio Clerk Of the City of Seal Beach