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HomeMy WebLinkAboutCC AG PKT 2009-02-09 #BAGENDA STAFF REPORT DATE: February 9, 2009 TO: Honorable Mayor and City Council THRU: David Carmany. City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF MINUTES SUMMARY OF REQUEST: Approve minutes for City Council adjourned and regular meeting of January 26, 2009. Approve minutes of January 12, 2009 for the Seal Beach Public Financing Authority. BACKGROUND: The minutes for the January 12, 2009 Seal Beach Public Financing Authority were not included in the agenda packet. FINANCIAL IMPACT: None RECOMMENDATION: Approve minutes for City Council adjourned and regular meeting of January 26, 2009. Approve minutes of January 12, 2009 for the Seal Beach Public Financing Authority. SUBMITTED BY: NOTED AND APPROVED: ~' Lin a Devine, City Clerk David Carma y, City Manager Attachments: A. Minutes Agenda Item B Seal Beach California January 26, 2009 Mayor Shanks 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 Shanks Councilmembers Antos, Levitt, Miller, 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 items 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 item identified on the closed session agenda. Conference with Legal Counsel -Anticipated Litigation Government Code Section 54956.9 (b) (1) and Conference with Labor Negotiator - Government Code Section 54957.6 - Comprehensive Classification and Compensation Study Results. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 7:00 p.m. (The City Attorney announced at the regular council meeting that council gave directions to the City Attorney and there was no other reportable action taken.) City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2 -City Council 01/26/09 Seal Beach, California January 26, 2009 The City Council of the City of Seal Beach met in regular session at 7:05 p.m. with Mayor Shanks calling the meeting to order with Councilman Sloan leading the Salute to the Flag. ROLL CALL Present: Mayor Shanks Council Members Antos, Levitt, Miller, Sloan Others present: David Carmany, City Manager Quinn Barrow, City Attorney Lee Whittenberg, Director of Development Services Vince Mastrosimone, Director of Public Works Robbeyn Bird, Director of Administrative ServiceslTreasurer Chief Jeff Kirkpatrick, SB Police Department Jill Ingram, Assistant to the City Manager Lieutenant Tim Olson, SB Police Department Captain Joe Bailey, SB Lifeguard Department Battalion Chief JJ McMasters, OCFA Tim Kelsey, Program Facilitator -Community Services Dana Kukuruda -Recreation Coordinator Anita Chapanond, Administrative Assistant -City Clerk Linda Devine, Ciry Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Levitt moved, second by Miller, to approve the agenda as presented. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS ~ Save Our Beach -Kim and Steve Masoner Mayor Shanks read and presented the commendation to "Save Our Beach" organization. ORAL COMMUNICATION Mayor Shanks declared Oral Communications to be open. Speakers: Robert Goldberg, Clipper Way, commented on item "F" (website RFP) and in-lieu parking practices; Seth Eaker, SB Chamber, provided council with a memo with Chamber remarks on agenda items; Rita Wilkinson, Cottonwood Lane, stated concerns about the unsightly conditions on the property at the corner of 1st Street and Marina Drive; Eldon Alexander, 8th Street, expressed his many buga- boos in the city -parking, greenbelt, city's website, etc.; Damon Lanier, Oleander Street, stated his concerns with the emergency response from 911 calls -Mayor directed this matter to the City Manager; Joyce Parque, 6th Street, commented on the possible closing of the major stores in the city and on the annual financial report (CAFR) page 111 -public safety. There were no other speakers; Mayor Shanks declared Oral Communications closed. CITY ATTORNEY REPORT The City Attorney announced that the City Council met at 6:00 p.m. in closed session to discuss the two items identified on the agenda, Council received a report on item "A", gave directions with respect to item "B", and no other reportable action was taken - adjourned at 7:00 p.m. Page - 3 City Council 01/26/09 CITY MANAGER REPORT No report was given. COUNCIL COMMENTS Council reports from Levitt, Miller, and Sloan on the League of California Cities academy in Sacramento for new Council Members and Mayors -Councilman Levitt reported that he received an excellent basic foundation on the elements of a sound planning and development policy -this gave a better understanding of the objections from residents and business owners to the recent proposed changes to the zoning codes -received information from recent court cases that has changed his opinions on the design review as it relates to aesthetics and architectural standards; Councilman Miller reported the academy presentations on the legal powers -obligations -city council activities -land use planning -and financial responsibility, each Council member had a chance to meet with our state representatives -Senator Tom Harman and Assemblyman Jim Silva, and had the opportunity to network with other city council members from other areas (acknowledged Mayor Dean Gross from Los Alamitos was in the audience); Mayor Pro Tem Sloan reported how he was impressed by the caliber of presentations and speakers, learned more about the league -watch dogs for cities -have staff that keep in touch with the legislation being considered that would be favorable to the cities, had a presentation on how to work better with the media, and had an opportunity to see a mock city council meeting with a chance to ask questions of legal counsel; Councilman Miller inquired about having the council minutes available on-line; and Mayor Shanks remarked on the successful opening event at the tennis center. COUNCIL ITEM ITEM "A" /SEAL BEACH POLICE OFFICER TIME DEVOTED TO COUNCIL DISTRICTS (Miller) The Chief ofi Police summarized the in-depth report on the number of sworn officers that patrol the City; different districts pull different loads based on the activities that occur in that district; attached to the staff report are copies of maps used by the police department to assist supervisors in deploying patrol officers under a "geo-based" policing strategy; the maps depict every one of the 22 police reporting districts and are used in a monthly review session (called CompStat - Computer Statistical Analysis - a managerial accounting tool) with police command and supervisory staff to trend police calls-for-service within the community; Geo-based policing is a strategy designed to place officers in front of event calls-for-service based on around-the-clock statistical data, rather than reacting after-the-fact; statistical analysis of when and where police calls-for- service activities occur dictate when and where officers are assigned to work; using geo-policing as a strategy, police productivity and apprehension rates for wrongdoers have climbed significantly, and crime rates have dropped commensurately. Council comments: Miller -would like to have more police presences in the College Park East area to monitor to help curtail activities like speeding, rolling stop, not stopping for school buses, not for crimes; Shanks -the same issues are citywide and the use 'of electronic speed signs are effective; Levitt -the presence of a black and white parked (while writing their reports)at the front gate of Leisure World has helped cut down on the crime inside of Leisure World; and Sloan -inquired about the mutual aide -Response: The City is part of mutual aide compacts with the other agencies in the event a situation in Seal Beach requires more officers than are available -the mutual aide compacts have been long established, well practiced, and proven to be very beneficial to all the agencies. Sloan moved, second by Levitt, to receive and file the report on Seal Beach police officer time devoted to Council Districts. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 4 -City Council 01/26/09 ITEM "B" /SENATE BILL 375 (Steinberg) /REDUCTION OF GREENHOUSE GAS EMISSIONS (Antos) The Director of Development Services gave a brief report indicating that there will be more information provided to the Council regarding AB 32 and SB 375 on the next council meeting agenda - AB 32 (Global Warming Solutions Act of 2006) was passed to reduce the greenhouse gas emissions and SB 375 was passed as an implementation tool to provide more certainty for local governments and developers to reach the goals of AB 32 -there are a number of state laws that are on the books that all agencies in California will have to deal with -the issue raised at the last council meeting "How does SB 375 comport with the Coastal Act" there has not been any state level discussion on this issue. Councilman Antos stated that the Coastal Act has been tested in the courts and found constitutional - SB 375 has not been tested in the courts and has provisions that are not consistent with the Coastal Act -the coastal cities should challenge the constitutionality of SB 375 in the courts and let the judges figure it out as opposed to trying to comply and the Coastal Commission not agree. Antos moved, second by Sloan, to receive and file the League of California Cities report -Technical Overview of SB 375. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR -ITEMS "C" thru "O" Antos moved, second by Miller, to approve recommended actions for the items on the Consent Calendar as presented. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried C. Approved the City Council Minutes of Adjourned and Joint Regular City Council Meeting of January 12, 2009 and approved the amended minutes of the City Council meeting of December 08, 2008. D. Approved regular demands numbered 74802 through 75040 in the amount of $1,007,295.89; payroll demands numbered 74940 through 74976 in the amount of $244,806.91 and authorized warrants to be drawn on the Treasury for same. E. Received and filed the Monthly Investment Report -November 2008. F. Authorized staff to initiate the Request For Proposal process to update and redesign the City's website. G. Adopted Resolution No. 5834 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING THE SYNOPTEK AMENDED PROFESSIONAL SERVICES AGREEMENT' (adding Section 2'3 prohibiting either party from recruiting and hiring staff of the other party). H. Received and filed the request from Time Warner Cable for consent to sublease tower space. I. Adopted Resolution No. 5828 entitle "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE INDIVIDUAL JOINT-USE AGREEMENT FOR SEAL BEACH TENNIS CENTER BETWEEN THE CITY OF SEAL BEACH AND LOS ALAMITOS UNIFIED SCHOOL DISTRICT'. J. Adopted Ordinance No. 1583 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 3.10.010 Of THE SEAL BEACH MUNICIPAL CODE, RELATED TO THE TERM OF THE PLANNING COMMISSION" (eliminating term limits). Page - 5 City Council 01/26/09 K. Adopted Ordinance No. 1584 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING ORDINANCE NO. 1576". L. Received and filed the report prepared by Moffat & Nichol, December 2008 - to pursue an agreement with the United States Army Corps of Engineers to have the Federal Government assume responsibility of periodic beach nourishment on the east beach. M. Adopted Resolution No. 5835 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING A CONTRACT TO AMG & ASSOCIATES, INC. FOR THE DEMOLITION OF AN EXISTING FIRE STATION AND CONSTRUCTION OF NEW FIRE STATION, PROJECT NO. BG0803 AND APPROVING PLANS AND SPECIFICATIONS THEREFORE" (amount for $3,898,909). N. Adopted Resolution No. 5836 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE CONTRACT FOR ARTERIAL STREET RESURFACING PROGRAM, SEAL BEACH BOULEVARD FROM BOLSA AVENUE TO ADOLFO LOPEZ, CIP NO. ST0907" (amount of $700,700 to All American Asphalt). O. Adopted Resolution No. 5837 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED AND AUTHORIZING THE RELEASE OF A CASH BOND FOR THE HEATHER PARK STORAGE UNIT' (amount of $16,299 to Simmons Construction -Project No. PR0902). P. Approved the Plans and Specifications for the 2009 Annual Slurry Seal Project No. ST0901 and authorized staff to solicit bids. Q. Received and filed the Structural Safety Assessment Inspection of the Seal Beach Municipal Pier Report prepared by Moffatt & Nichol (Seal Beach Municipal Pier CIP No. BP0904). ITEMS REMOVED FROM THE CONSENT CALENDAR No items were removed from the Consent Calendar. PUBLIC HEARING No items at this time. UNFINISHED BUSINESS No items at this time. NEW BUSINESS No items at this time. Mayor Shanks recessed the City Council to the Seal Beach Redevelopment Agency meeting at 8:10 p.m. and reconvened the Council meeting at 8:21 p.m. With no objections the Mayor called a recess in order for staff to set up for the joint study session. JOINT STUDY SESSION Mayor Shanks convened the City Council in a joint study session with the Seal Beach Recreation and Parks Commission at 8:33 p.m. to discuss the Seal Beach Swimming Pool Facility and Feasibility Study for the Swimming Pool Renovation/Replacement prepared by Rowley International, Inc., September 2008. Present: Mayor Shanks, Councilmembers: Antos, Levitt, Miller, and Sloan; Recreation and Parks Commission members: Carla Watson (chair), Terry Barton, Leonard Delay, Graham McAllister, and Schelly Sustarsic. Page 6 -City Council 01/26/09 The Assistant to the City Manager explained that the joint study session will give both council and commission an opportunity to discuss this issue -staff indicated the number of people using the pool in 2008 and described the configuration of the existing pool -Greg Canon, the consultant from Rowley International, was present to briefly go over the report and to answer any questions; some of the issues regarding the McGaugh swimming pool are 1) lap pool must provide a separate pool water treatment from the children's pool, 2) circulations system must provide a complete turnover of water in 6 hours, 3) no restroom facility available for pool users on the pool deck, 4) must be user-operated handicap access into both pools, 5) new federal legislation require swimming pool drain system cover, 6) the City is not compliant in many areas that were grandfathered in but will need to be addressed if council decides to renovate or replace the pool at McGaugh -Recreation and Parks Commission Chairman Watson gave a report from the Commission and their recommendation of relocating the swim facility to the Marina Park area and to consider a 50-meter competition size pool to provide more versatile long-term programming; such programs would be: youth learn to swim/safe swimmers, recreation swimming, adult lap swimming, youth competitive swimming, specialized programs, water polo, club swim programs, therapeutic uses, etc. (report and presentation on file in the City Clerk's office) Mayor Shanks received consensus from the council and commission that it is more feasible to build a new pool facility and not try and repair the current facility. The one concern stated by Councilman Levitt is that the City may not be in the position to be spending about $4 million right now. Council and Commission comments: • Cost for decking on the 30-meter pool and 50-meter pool are reported to be about the same cost -consultant response: the 50-meter pool is 164' x 75' and the 30-meter pool is 110' x 75' they would have about the same amount of decking around the pools; • Water polo is just one program under consideration but not definite; • Currently the residents in CPE can take a bus to McGaugh -will there be transportation to Marina Park area -may be addressed in the discussion regarding the beach buggy - CPW residents can come down the bike trail; • The school district would not likely considered giving the City first rights of refusal to the swimming pool property -they need to space for their own parking; • Would not like to invest $4 - $5 million into a project that will not be owned by the City; • Seal Beach community has tried to maintain the pool with a fund raiser eight years ago - only a band-aid effort and volunteers have given a lot of time; • With economic conditions the City may not be able to go forward with this project and if the McGaugh pool becomes useable, is there a way that the high school pool or Joint Force Base pool can be used by Seal Beach -Mayor from the City of Los Alamitos was present and stated that the Joint Forces Base pool is used 365 days and adding any additional programs would be very difficult -they are also looking at rehabilitating the pool deck area. Community comments: • Scott Weir, Beachcomber Drive, grew up in the area and benefited from the McGaugh pool programs -would recommend building a deep water (2-meters deep) fast pool -can host national competitions - have a recreation pool on the side that would be warmer; • Seth Eaker, Seal Beach Chamber, has provided the Commission with written comments -highlight key points: keep in mind parking issue, investigate potential federal funds, and the Chamber would support any reason to make Seal Beach a destination for visitors and tourists -keep in mind the return of investments; • Robert Goldberg, Clipper Way, said that he lives 300 yards from the proposed site -attended Commission meetings and spoke to the consultant -agrees that the Marina Park site is the best location -need to remediate the use of Page - 7 City Council 01/26/09 the land and the related costs -General Plan calls for low/mod housing on the property -does not agree with the recommendation of a 50-meter pool - would like to see a 30-meter as the main pool -need to evaluate and compare the choices of the pools before making the final decision -there are a lot of other issues to be considered -new housing tract and noise -make sure that the pool pays for itself -etc.; • Nancy Slusher, Spinnaker Way, stated that a larger pool is way out of proportion for the City needs and considering the residents surrounding the site (noise levels) -there are other pools close to Seal Beach that can be used -this is not anecessity - supports a more conservative size; • Mike Beckage, Clipper Way, not in favor of spending money on a public pool - majority of Seal Beach residents would not use the pool -ocean swimmer - minimize the cost of building a new pool -City will be facing some difficult economical situations in next few years -new pool will not generate any new revenue for the City -limit the scope of a new pool -keep it a more neighborhood pool -Olympic size pool with stadium does not fit in with the neighborhood; • Paul Yost, Schooner Way, expressed that there is a need for a pool with the teaching programs -drowning is an important issue -concerned with the size of the proposed pool -Seal Beach should be safe-solvent-small -keep with the idea of Seal Beach being a small community; • Eldon Alexander, 8th Street, pointed out that there is not a parking problem in Seal Beach -there is not convenient parking that everyone wants -need to connect CPE with the Old Town area -should look into having 2 pool sites: one at the tennis center and one in the Old Town/Hill area -this would bring the communities together - 50-meter pool with the tennis center would make it abetter facility for both sports -water polo would help off-set the costs of the pool; • Rita Wilkinson, Cottonwood Lane, her main concern is the new homes being built across from River Beach condos and the mobile home park -the noise and lights from the pool will disturb the residents -could the City consider the DWP property; • John O'Neil, Clipper Way, need to consider an Olympic size pool near any housing -recommend the proposal of the size of the pool be scaled down - is the pool a need or is it a want. Additional Council and Commission comments: • Should always remember that the sound of position activities from the beach, pool, playground, etc. is important to a town like Seal Beach; • 50-meter pool needs to be considered in order to provide the opportunity for the youth to train for competitions -the Marina Park site would give the most opportunities for expanded pool activities; • Corrected one of the speakers -the pool does not pay for itself; • The residents living on Rivera have not complained about the noise from the pool activities -the complaints are from the parking issue; • The comments about having 2 pools is not a bad idea but locating a pool by the freeway is not a healthy idea (car emissions); • How much money is the City willing to put into maintaining the McGaugh pool if it is not feasible to move forward to build a new pool - or would we close the current pool; • Place the pool more towards First Street and landscaping to help buffer the noise, if necessary; • The residents living in the Hill area are located approximately the same distance that the Marina Park site pool would be from Bridgeport neighborhood; • Currently there is no consideration of placing bleachers at the pool site; • Should have a pool that has a 3' or 4' end and gradually gets deeper for those adults that do not swim and do not want to be in the so called "kiddie" pool • It would be irresponsible for the Council to build a new pool with the way the economy is going; Page 8 -City Council 01/26/09 • The Marina Park site is currently zoned industrial and would need to have it re-zoned -the site is also in the redevelopment agency (are funds available); • The owners of the property will need to provide some space for parks if they want to put homes on the land and there will have to be room for a pump station for flood control. With no objections the Mayor directed staff to proceed with the Recreation and Parks Commission recommendations of relocating the swimming pool (50-meter) to the Marina Park site and look into what is needed to acquire the property from Exxon. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting at 10:00 p.m. to February 9, 2009 at 6:30 p.m. to meet in closed session, if deemed necessary. City 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. MINUTES: Seal Beach Public Financing Authority January 12, 2009 Seal Beach Public Financing Authority have an item removed from the consent calendar they will have an opportunity to speak to the item when it comes before the Council for consideration. Antos moved, second by Miller, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried NEW BUSINESS ITEM "U" /COUNCIL RESOLUTION NUMBER 5832 /SEAL BEACH PUBLIC FINANCING AUTHORITY RESOLUTION NUMBER FA 08-02 /SEAL BEACH LEASE REVENUE BONDS. SERIES 2009 The Director of Administrative Services gave a brief staff report stating that action is needed by the Council and Financing Authority to designate the bonds as tax exempt because the transaction was not completed in one year. No Council concerns. Antos moved, second by Levitt to adopt Resolution Number 5832 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DESIGNATING THE SEAL BEACH PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2009 AS QUALIFIED TAX-EXEMPT OBLIGATIONS, AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO 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 10:21 p.m. to January 26, 2009 at 6:00 p.m. to meet in closed session, if deemed necessary. Secretary/City Clerk City of Seal Beach Approved: Chairman/Mayor Attest: City Clerk