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HomeMy WebLinkAboutCC AG PKT 2008-12-08 #DAGENDA STAFF REPORT DATE: December 8, 2008 TO: Honorable Mayor and City Council THRU: David Carmany. City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REQUEST: Approve minutes for City Council: regular meeting of November 10, 2008. BACKGROUND: None FINANCIAL IMPACT: None RECOMMENDATION: Approve minutes for City Council: regular meeting November 10, 2008. SUBMITTED BY: NOTED AND APPROVED: ~~~--~ in a Devine, City Clerk David Carm y, City Manager Attachments: A. Minutes Agenda Item ~ Seal Beach California November 10, 2008 ADJOURNED COUNCIL MEETING The City Clerk posted the cancellation and adjournment of the November 10, 2008 closed session. City 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 regular council meeting and Redevelopment Agency 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 Lieutenant Tim Olson, Seal Beach Police Department Robbeyn Bird, Director of Administrative Services/Treasurer Jill, Ingram, Assistant to the City Manager Captain Joe Bailey, Seal Beach Lifeguard Department Michael Ho, City Engineer Tim Kelsey, Acting Recreation Program Facilitator Battalion Chief JJ McMaster, OCFA Representative Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES City Attorney requested that item `T' be placed on the consent calendar; Councilman Miller pulled item "Q" and a member of the public pulled item "O" from the consent calendar for separate consideration. Sloan moved, second by Levitt, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS Commendation/Proclamation: • Rich Harbour - 50 years contribution to surfing in Seal Beach • 2008 Summer Olympic Participants from Seal Beach: Tim Hutten -Water Polo -Silver Medal Haley Ishimatsu -Diving Adam Wright -Water Polo -Silver Medal ' ORAL COMMUNICATION Mayor Antos declared Oral Communications to be open. Speakers: Seth Eaker, SB Chamber, stated the chamber is in support of agenda items "J", "K", "P", 'T', and "U"; Shaunt Hartounian, representative from Clean Energy, summarized the history on agenda item "S"; Dennis Stilts, College Park East, spoke on agenda item "Q" -tennis center; Connie Rumback and Robyn Grandy, SB Chamber, Page 2 -City Council 11-10-08 thanked council and staff for attending the ribbon cuttings and announced the holiday lighting of a tree at the pier will be on the day after Thanksgiving; representative from AmeriCare Ambulance presented the council with information regarding their company; Eldon Alexander, 8th Street, felt council violated the brown act by calling a special meeting on October 30th -believes a third of voters voted against measure Z affecting 80 properties -and that the sand that will be pumped on the beach is toxic; Robert Goldberg, Bridgeport, spoke on item "O" -East Beach Sand Replenishment project; Robert Atwood, 12th Street, thanked council for their 72% win on Measure Z; Mike Buhbe, Central Way, thanked all the voters for the passage of Measure Z and all the local effort put in by the volunteers; Chi Kredell, Seal Way, spoke on item "O" sand replenishment; Sharman Snow, Old Town, commented on all of the support in passing measure Z; Tony Decker, College Park East, reminded everyone that November 11th is veterans day and the marines are celebrating their 233 birthday; Joyce Parque, 6th Street, stated too many people misunderstood the affects of measure Z -only applies to 80 properties in Old Town. There were no other speakers; Mayor Antos declared Oral Communications closed. With no objections Mayor Antos recessed the meeting at 7:55 p.m. and reconvened the meeting at 8:07 p.m. CITY ATTORNEY REPORT No report was given. CITY MANAGER REPORT No report was given. COUNCIL COMMENTS Councilman Shanks pointed out that the residents of Seal Beach have a different attitude from others living in California; Mayor Pro Tem Levitt stated that the height limit issue has divided the city residents, the voters have made their choice, and now it's time to move forward; Councilman Miller thanked his supporters, commented on the issues that he heard from the people of College Park East, and listed some issues he would like to discuss on a future agenda; and Mayor Antos congratulated the City Clerk and Councilmembers Sloan and Miller on their unofficial win of their office and indicated that the Seal Beach voters passed Measure Z and indicated that there are two events honoring veterans on Veterans Day -Eisenhower Park and Los Alamitos Joint Forces Base. COUNCIL ITEM There were no items. CONSENT CALENDAR -ITEMS "A" thru "T" Levitt moved, second by Shanks, to approve recommended actions for the items on the Consent Calendar as presented except for item "O" pulled for separate consideration and item "O" was pulled by a member of the public and addressed. The City Attorney read the title of Ordinance Number 1580 for the record (item T) -this item was placed on the consent calendar. 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 73419 through 73770 in the amount of $1,464,037.08; payroll demands numbered 73432 through 73476 in the amount of $241,392.33; numbered 73639 through 73682 in the amount of $244,464.28 and authorized warrants to be drawn on the Treasury for same. Page - 3 City Council 10-13-08 C. Received and filed the Monthly Investment Report -July and August 2008. D. Adopted Resolution Number 5801 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT NO. 09-05-01 FOR THE INCREASE OF APPROPRIATIONS". E. Amended City Council Policy/Administrative Directive No. 300-10 (Travel and Meeting Expenses) to include pre-approval from the City Manager for any overnight expenses. F. Adopted Resolution Number 5802 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES AND REPEALING RESOLUTION NUMBER 5508". G. Amended City Council Policy No. 200-19 (Use of CellUlar/V1/ireless Electronic Devices) to set a monthly allowance to defray the costs of cellular telephone use by employees for City business, and to assure safe use of hands free devices and cellular and other wireless telephones while operating a motor vehicle during business hours. H. Adopted Resolution Number 5803 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A LICENSE AGREEMENT WITH ROSSMOOR SHOPS, L.L.C. TO USE SHOPPING CENTER PARKING FACILITIES AND COMMON AREAS". I. Adopted Resolution Number 5804 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, APPROVING AN AGREEMENT PROVIDING OCCASIONAL DESK SPACE TO THE COUNTY OF ORANGE SOCIAL SERVICES AGENCY ". J. Introduced Ordinance Number 1581 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE RELATING TO URINATING AND DEFECATING IN PUBLIC". Adding §7.35.010.8.8 -Human Waste Disposal, urinating or defecating in public places or public view. K. Adopted Resolution Number 5805 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH CLEAR CHANNEL OUTDOOR TO PROVIDE AND MAINTAIN BUS SHELTERS AT 24 LOCATIONS CITY-WIDE". L. Adopted Resolution Number 5806 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR THE ANNUAL CONCRETE REPAIR PROJECT N0. 50246". (G2 Construction, Inc.) M. Adopted Resolution Number 5807 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR THE ANNUAL SLURRY SEAL PROJECT N0. 50245". (All American Asphalt) N. Adopted Resolution Number 5808 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT WITH SIMMONS CONSTRUCTION TO CONSTRUCT THE HEATHER PARK STORAGE UNIT'. O. Item pulled for separate consideration. Page 4 -City Council 11-10-08 California Department of Boating and Waterways -Adopt Resolution No. 5809 approving the agreement for the East Beach Sand Replenishment project and appropriate $1,000,000 from the general fund. (Budget Amendment No. 09-05-01) 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". Q. Pulled for separate consideration (Miller). Seal Beach Tennis Center -Adopt Resolution No. 5810 suthoriang City Manager to execute an agreement with First Serve Tennis, Inc. (Chief Executive Officer -Cathy Jacobson-Gury) for Management and Operation of the Seal Beach Tennis Center. Adopt Resolution No. 5812 approving Budget Amendment No. 09-05-02. R. Adopted Resolution Number 5813 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE GOLDEN RAIN FOUNDATION ". (temporary site during construction of new fire station #48) S. Received and filed the automatic renewal for an additional five year for agreement with Clean Energy. (formerly Pickens Fuel Corp.) T. Introduced Ordinance Number 1580 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY". (adding § 5.70.025 -Medical Marijuana Dispensaries) ITEMS REMOVED FROM THE CONSENT CALENDAR fTEM "O" / RESOLUTION NUMBER 5809 / EAST BEACH SAND REPLENISHMENT PROJECT /BUDGET AMENDMENT 09-05-01 Comments from the public were given during Oral Communications. The City Engineer introduced Chris Web from the consulting firm of Moffat and Nichol Engineering who clarified that the sand being pumped was tested and is clean, the more sand that is pumped the more cost effective, and pointed out on the map where the sand will be pumped. Shanks moved, second by Sloan, to adopt Resolution Number 5809 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS REGARDING SAND NOURISHMENT'. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "O" /RESOLUTION NUMBER 5810 /SEAL BEACH TENNIS CENTER / FIRST SERVE TENNIS INC. /BUDGET AMENDMENT NUMBER 09-05-02 Item pulled (Miller) -The Assistant to the City Manager and the acting Recreation Program Facilitator gave a powerpoint presentation of the agenda staff report (on file) indicating that the City received 5 proposals for operating and managing of the Seal Beach Tennis Center and after reviewing the proposals staff is recommending that a management service contract be approved for the tennis center. Cathy Jacobson-Guzy, First Serve Tennis, Inc. was introduced to give an overview of her experience and background to manage the center. Council comments: There needs to be an out reach to seniors for discount and play time; need to focus on increasing membership; provide community meetings room at the club house; and concerns were expressed about the Los Alamitos high school tennis team use of the facility. The Mayor allowed the public to make comments. Comments were made regarding the process used in the decision of Page - 5 City Council 10-13-08 the running of the tennis center. Mr. Mike Moorwood, Los Alamitos High School tennis coach, indicated that the tennis team will only be at the tennis center during tennis season and will be supervised; there is no need for use of the weight room, locker room, or spa/sauna. The City Manager said that a joint agreement with the school district will be presented to Council for approval at a later meeting. Councilman Miller suggested some amendments to the contract; with no objection from the Council the changes were made. Miller moved, seconded by Levitt, to amend the contract and adopt Resolution Number 5810 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A TENNIS CENTER MANAGEMENT SERVICES AGREEMENT WITH FIRST SERVE TENNIS, INC.° AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Miller moved, second by Shanks to adopt Resolution Number 5812 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT NO. 09-05-02 FOR THE INCREASE OF APPROPRIATIONS". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING No hearings scheduled. NEW BUSINESS Item `T' was placed on the consent calendar. With no objection the Mayor Antos recessed the meeting at 9:30 p.m. and reconvened the meeting at 9:43 p.m. UNFINISHED BUSINESS ITEM "U" / RESOLUTION NUMBER 5811 / 2008 MASTER PLAN FOR DRAINAGE The City Engineer introduced Zeki Kayiran, P.E. -representative AKM Consulting Engineers who presented an overview of the 2008 Master Plan of Drainage Update Report covering the purpose, criteria, existing drainage system (regional system, storm drains, and pump stations), previous studies, and recommendations. (agenda staff report and copy of the master plan is on file in the City Clerk's office) The Master Plan consists of a description of the study area, existing drainage system, drainage criteria/goals, hydraulic analysis and recommendations. The Master Plan recommends over $90 million in improvements to bring the City to a baseline level to withstand a 25 year occurrence storm. This is the same baseline measure used by the Orange County Flood Control District. Staff conducted a public meeting to receive input from the community -all members of the former AdHoc Storm Drain Committee received a copy of the Master Plan. Levitt moved, second by Sloan, to adopt Resolution Number 5811 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ADOPTING THE 2008 MASTER PLAN OF DRAINAGE". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried The Mayor recessed the City Council meeting at 10:37 p.m. to the Redevelopment Agency meeting and reconvened the council meeting at 10:38 p.m. Page 6 -City Council 11-10-08 ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting at 10:38 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Seal Beach California November 24, 2008 The regular City Council meeting scheduled for this date was cancelled due to the lack of business items in need of consideration and the City Clerk adjourned to December 8, 2008 at 6:00 p.m. to meet in closed session, if deemed necessary. City Clerk and ex-officio Clerk Of the City of Seal Beach THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE C1TY OF SEAL BEACH.