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HomeMy WebLinkAboutCC Min 2009-01-12Seal Beach California January 12, 2009 Mayor Shanks called the special adjourned meeting of the Seal Beach City Council to order at 6:00 p.m. in the City Hall Conference Room. The Special Meeting Notices read as follows: CALL AND NOTICE OF A SPECIAL MEETING OF THE SEAL BEACH CITY COUNCIL TO MEMBERS OF THE CITY COUNCIL OF THE CITY SEAL BEACH: Charles J. Antos 205 - 12th Street #B, Seal Beach David W. Sloan 209 College Park Drive, Seal Beach Gordon A. Shanks 215 Surf Place, Seal Beach Gary A. Miller 4632 Guave Avenue, Seal Beach Michael P. Levitt 1380 Weeburn Road, #81 L, Seal Beach YOU ARE HEREBY NOTIFIED THAT, pursuant to Section 54956 of the California Government Code, Mayor Gordon A. Shanks hereby calls a special meeting of the Seal Beach City Council to be convened in the City Manager's Conference Room, Seal Beach City Hall, 211 - 8th Street, Seal Beach, California, 90740 on Monday, January 12, 2009 at 6:00 p.m. for the purpose of discussing the following Closed Session items: A. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Government Code Section 54956.9 (b) (1) A point has been reached where, in the opinion of the Seal Beach City Council on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Number of potential cases: 1 B. CONFERENCE WITH LABOR NEGOTIATOR -Government Code Section 54957.6 City Negotiators: City Manager Employee Organizations: Police Officer Association Police Management Association Executive/Mid -Managers (Unrepresented) Orange County Employees Association (OCEA) Seal Beach Supervisors & Professionals Association (Teamsters) Please note that members of the public will be provided an opportunity to directly address the Council concerning any item described herein before consideration of that item. DATED THIS 7th day of January 2009 /s/ Gordon A. Shanks, Mayor Seal Beach City Council 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. Page 2 -City Council 01/12/09 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. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 6:50 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 Jerk City of Seal Beach Approved: ~,C,~,~../! Ma oy r Attest: City Jerk 1 1 Page - 3 City Council 01/12/09 Seal Beach, California January 12, 2009 The City Council of the City of Seal Beach and the Seal Beach Public Financing Authority met in special joint session at 7:00 p.m. with Mayor Shanks calling the meeting to order with Councilman Miller leading the Salute to the Flag. The Special Meeting Notices read as follows: CALL AND NOTICE OF A SPECIAL MEETING OF THE SEAL BEACH PUBLIC FINANCING AUTHORITY TO MEMBERS OF THE BOARD OF DIRECTORS OF THE SEAL BEACH PUBLIC FINANCING AUTHORITY YOU ARE HEREBY NOTIFIED THAT, pursuant to Section 54956 of the California Government Code, Chairman/Mayor Gordon A. Shanks hereby calls a special meeting of the Seal Beach Public Financing Authority to be convened in the City Council Chamber, 211 - 8th Street, Seal Beach, California, 90740 on January 12, 2009 at 7:00 p.m. for the purpose of discussing and taking action on the following item: Lease Revenue Bonds, Series 2009 (Fire Station) - A Resolution designating the Lease Revenue Bonds as qualified tax-exempt obligations and authorizing certain other matters related to the issuance of the bonds. Please note that members of the public will be provided an opportunity to directly address the Board concerning any item described herein before or during consideration of that item. Dated this 9th day of January 2009. /s/ Gordon A. Shanks, Chairman/Mayor ROLL CALL Present: Mayor/Chairman Shanks Council Members/Board 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 Services/Treasurer 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 Jeff Genoway, OCFA Tim Kelsey, acting Community Services -Program Facilitator Doug Shur, PD Support Services Manager Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES The City Manager requested item "E" be removed from the agenda and placed on a future agenda. Agenda items removed from the Consent Calendar for separate consideration: items "F", "I", "J", and "K" -Miller; item "N" -Levitt; and item "S" -Antos. Mayor Shanks announced if a member of the public requests to 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 Page 4 -City Council 01/12/09 PRESENTATIONS/RECOGNITIONS Orange County LAFCO (Local Agency Formation Commission ) Carolyn Emery, Senior Project Manager, LAFCO -update report ~ OCHR (Orange County Human Relations) Carol Turpen -annual report Mayor Shanks presented the following: Cypress College -Americana Award 2009 Seal Beach Citizen of the Year -Scott Newton Proclamation - "Religious Freedom Day" -January 16, 2009 Pastor Don Shoemaker -Grace Community Church Mayor Shanks also presented a plaque to Councilman Antos for service as the 2008 Mayor. ORAL COMMUNICATION Mayor Shanks declared Oral Communications to be open and stated that as Mayor he would allow members of the public to speak to any agenda item pulled from the Consent Calendar at the time Council considers that item. Speakers: Captain Joe Bailey, Seal Beach Lifeguard, announced that the Seal Beach Lifeguard Association would be holding their 11th Annual Surfing contest on January 17th and 18th; Eldon Alexander, 8th Street, spoke on item "V" (Ord. #1576 -Title 11) indicating that the Council should not continue this issue and objects to the zoning code without an approved Housing Element -encouraged Council rescind Ordinance 1576; Mike Buhbe, Central Way, stated the City will have financial challenges in 2009 and referenced a letter to the editor in the Sun News; Robert Goldberg, Clipper Way, commented on items "I" - CAFR should allow public input on the capital improvement projects and "S" -voiced his support for the item (local street resurfacing program); Joyce Parque, 6th Street, reiterated her comments regarding alleged Brown Act violation and other issues; Mary Lewis, 8th Street, repeated her stance on the zoning issue, disagrees with the Mayor selection, and believes the Council has violated the law and the trust of the people; Sharman Snow, Seal Way, restated her support for Councilman Antos and indicated that 80% of the residents in District 5 supported measure "Z"; and Adam Gutierrez, student at Los Alamitos USD, said he believes that Council is handling the problems in the City and he enjoys living in Seal Beach. 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 identified items on the agenda, gave the City Attorney directions on item "A" and no other reportable action was taken -adjourned at 6:50 p.m. CITY MANAGER REPORT No report was given. COUNCIL COMMENTS Councilman Antos commented on the parking situation located at the Pavilion center and requested that an analysis on SB 375 -Steinberg (Reduction of Greenhouse Gas Emissions) be provided to the Council - no objection the Mayor so ordered; Councilman Miller asked staff to place on a future agenda an item for discussion about placing the words "In God We Trust" in the Council Chambers, commented on Verizon FIOS being installed citywide, and would like to see more recreation programs being offered in the College Park East area and possibly reinstate the "Beach Buggy" so that CPE youth could enjoy the beach -Mayor Shanks ordered that this issue be given to the Recreation and Parks Commission to discuss and present a recommendation to the Council, would like to have the school district involved; and Mayor Shanks expressed how it was good to see the young people at the meeting and informed everyone that the upgrading of the pier restrooms and the 1st Street parking lot will not be done because the funding was pulled. Page - 5 City Council 01/12/09 COUNCIL ITEM ITEM "A" /RESOLUTION NUMBER 5826 / 2009 MAYOR'S APPOINTMENTS Antos moved, second by Levitt, to adopt Resolution Number 5826 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REVISING AND CONFIRMING APPOINTMENTS MADE BY THE MAYOR OF COUNCIL REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES, AND ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS AND RESCIND RESOLUTION NUMBER 5710". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "B" / 2009 BOARDS. COMMISSIONS. AND COMMITTEES Antos moved, second by Levitt, to confirm the list of appointments to the Seal Beach Boards, Commissions, and Committees for 2009. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "C" /RESOLUTION NUMBER 5833 /RED CURB ADJACENT TO FIRE HYDRANTS /SPACING (Miller) Staff report was given by the Director of Public Works. After Council deliberation, Miller moved, second by Antos, to re-paint existing red curbs adjacent to fire hydrants. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Antos moved, second by Miller, to adopt Resolution Number 5833 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REDUCING THE NO- PARKING ZONES ADJACENT TO FIRE HYDRANTS". Reducing the no parking zones adjacent to the fire hydrants to 7.5 feet on each side of for a total length of 15 feet (determine on an individual basis the curbs not meeting the required measurement). AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried With no objection Mayor Shanks recessed the meeting at 8:40 p.m. and reconvened the meeting at 8:50 p.m. ITEM "D" /SEAL BEACH DETENTION CENTER OPERATION (Shanks) Staff report was given by the Chief of Police. With no objections the Mayor ordered that in 6 months (first meeting in July) that staff provide a report (graph chart) showing the jail occupancy and costs per month and have a recommendation regarding the future of the detention center. ITEM "E" /POLICE OFFICER TIME /COUNCIL DISTRICTS (Miller) This item was removed from the agenda - no action taken. CONSENT CALENDAR -ITEMS "F" thru "S" Miller moved, second by Sloan, to approve recommended actions for the items on the Consent Calendar as presented except for items "F", "I", "J", "K", "N", and "S" pulled for separate consideration. The City Attorney read the titles of Ordinance Number 1582 (item "L") and Ordinance Number 1583 (item "M") for the record. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 6 -City Council 01/12/09 F. Item pulled for separate consideration -Miller *F. Minutes of Adjourned and Regular City Council Meeting of December 08, 2008 and Minutes of the Seal Beach Public Financing Authority. G. Approved regular demands numbered 74122 through 74801 in the amount of $2,970,806.57; payroll demands numbered 74347 through 74384 in the amount of $256,839.96; numbered 74531 through 74569 in the amount of $252,706.92; numbered 74704 through 74736 in the amount of $235,074.27; and authorized warrants to be drawn on the Treasury for same. H. Received and filed the Monthly Investment Report -October 2008. Item pulled for separate consideration -Miller *I. June 30, 2008 Comprehensive Annual Financial Report, Management Letter to City Council, and Appropriations Limit agreed-upon procedures -Receive and file report. Staff requests authorization and approval to make the recommended designations of General Fund Balance and establishment of a Vehicle Replacement Fund. J. Item pulled for separate consideration -Miller *J. New Check Signatures and Authorization for Director of Administrative Services to Act as Agent to Claim Unclaimed Property Held by State Controller's Office -Adopt Resolution No. 5827 providing authorization to sign demands and checks for withdrawal of funds on deposit with Bank of America and authorizing Director of Administrative ServiceslTreasurer to act as agent on behalf of City to submit claims for "unclaimed property" held by California State Controller's Office. K. Item pulled for separate consideration -Miller *K. Individual Joint-Use Agreement for Seal Beach Tennis Center - Adopt Resolution No. 5828 approving an Individual Joint-Use Agreement -Seal Beach Tennis Center between the City of Seal Beach and the Los Alamitos Unified School District. L. Adopted Ordinance Number 1582 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 3.10.015 OF THE SEAL BEACH MUNICIPAL CODE, RELATED TO THE COMPOSITION OF THE RECREATION AND PARKS COMMISSION". (Changing the term of membership on the commission to 4 years) M. Introduced Ordinance Number 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) N. Item pulled for separate consideration -Levitt "N. Time Warner Cable -Confidentiality and Non-Disclosure Agreement - Receive and file the agreement between the City of Seal Beach and Time Warner Cable. O. Adopted Resolution Number 5829 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY 2008 URBAN AREAS SECURITY INITIAVE (UASI) GRANT PROGRAM BETWEEN THE CITY OF ANAHEIM AND THE CITY OF SEAL BEACH Page - 7 City Council 01/12/09 P. Received and filed the Memorandum of Agreement between the County of Orange and the City of Seal Beach wherein the County is requesting reimbursement from the State of California for all fire related law enforcement services rendered during the 2008 Freeway Complex Fire. Q. Environmental Enhancement and Mitigation (EEM) Program Grant Funds - Adopted Resolution Number 5830 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE". (Seal Beach Blvd. and Lampson Ave. Median Improvements) R. Received and filed the agreement with Garcia Juarez Construction Inc. for water and sewer line installation ($14,900.00) for the temporary Fire Station #48 located at Seal Beach Leisure World. S. Item pulled for separate consideration -Antos *S. 2008-2009 Local Street Resurfacing Program, CIP No. ST0906 - Approve the recommendation of the Pavement Management AdHoc Committee (Antos and Miller) that Council revise the 2008-2009 Local Street Resurfacing Program (CIP No. ST0906) and direct staff to bring back for Council approval the necessary documents, including a budget amendment, to implement the program. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F" /MINUTES /DECEMBER 08, 2008 (Miller) Under "Council Comments" section of the minutes of December 08, 2008 Councilman Miller asked that the record reflect his comments, as follows: "1) The first council comment 1 want to bring up is with regard to the tennis agreement that we approved execution of last week, one of the items that was read into the record was 3.1 and as it was read into the record is not how it reflected in the final draft of the agreement and so 1 put forth the words that as 1 have it that was read into the record, 1 don't know Quinn how do you want me to handle that? (City Attorney responded) Well, 1 guess first of all when 1 vote on something 1 assume it's going to go the way 1 voted on it to be put in the record - 1 mean the way you read it in the record is the way 1 expect it to be or do 1 need to amend the agreement? We can leave that -there is only one part of it that 1 think 1 didn't agree with and the other got definitive and it didn't need to be and when I voted yes I voted yes on the words that you put into the... on the record. So, 1 will give it to Linda and ah... we'll carry it on from there." City Attorney stated that if there is no objection from council the language will be put info the individual Joint Use Agreement with the school district -for consideration at the next meeting; Miller moved, second by Sloan, to approve as amended the minutes of the City Council Adjourned and Joint Meeting held on December 08, 2008 and approve the minutes of the Seal Beach Public Financing Authority joint meeting held on December 08, 2008. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "I" /JUNE 30, 2008 COMPREHENSIVE ANNUAL FINANCIAL REPORT / LETTER TO CITY COUNCIL /APPROPRIATIONS LIMIT (Miller) The Director of Administrative Services presented a brief powerpoint presentation highlighting areas in the CAFR. Councilman Miller stated his concerns regarding the "Vehicle Replacement Fund" -would like it to be more defined, and Councilman Levitt asked for clarification regarding designations. Response: the designated amount listed can be changed by Council action. Page 8 -City Council 01/12/09 Antos moved, second by Sloan, to receive and file the June 30, 2008 Annual Comprehensive Financial Report and approved designations of general fund balance and establish vehicle replacement fund. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "J" /RESOLUTION NUMBER 5827 /CHECK SIGNATURES /AGENT - UNCLAIMED PROPERTY HELD BY STATE (Miller) Councilman Miller requested clarification regarding the signatures. Response: The only signature being changed is the new Mayor the other 3 signatures will remain the same. Miller moved, second by Antos to adopt Resolution Number 5827 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA PROVIDING AUTHORIZATION TO SIGN DEMANDS AND CHECKS FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE BANK OF AMERICA, AUTHORIZING ALTERNATE SIGNATURES, AUTHORIZING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO ACT AS AGENT FOR THE CITY TO CLAIM UNCLAIMED PROPERTY, AND RESCINDING RESOLUTION NUMBER 5644". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "K" / RESOLUTION-- NUMBER 5828 / INDIVIDUAL JOINT-USE AGREEMENT /SEAL BEACH TENNIS CENTER (Miller) The Assistant to the City Manager gave the staff report stating the agreement is with the Los Alamitos Unified School District -tennis teams. Councilman Miller stated his concerns over the language in the agreement. The City Manager expressed the urgency for adoption is due to the starting of the tennis season - there are no legal issues just operational issues. The City Attorney confirmed there are no legal issues. The Mayor ordered this item be continued to the next meeting. ITEM "N" / TIME WARNER CABLE / CONFIDENTIALITY AND NON- DISCLOSURE AGREEMENT (Levitt) Councilman Levitt questioned paragraph two of the staff report -would the audit be confidential? Response: This is a typical agreement to protect trade secrets and proprietary information -the audit would be a public record. Levitt moved, second by Antos to receive and file the agreement between the City of Seal Beach and Time Warner Cable. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "S" / 2008-2009 LOCAL STREET RESURFACING PROGRAM /CIP NO. ST0906 (Antos) Councilman Antos inquired about when staff would be going out for bids. Response: Staff is prepared to issue RFP's next week. Mayor Shanks stated that staff should determine if other work is needed when working on the streets in order to prevent the new streets from being torn up. Antos moved, second by Levitt to approve the recommendation of the Pavement Management AdHoc Committee to revise the 2008-2009 Local Street Resurfacing Program -CIP No. ST0906 and directed staff to bring back for Council approval the necessary documents, including budget amendments, to implement the program. r--, `~ 1 1 AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page - 9 City Council 01/12/09 PUBLIC HEARING Mayor Shanks announced this was the time and place for the public hearing for City Council Resolution Number 5831 -Approving the City's participation in the Housing and Community Development Program of the County of Orange, Program Year 2009-2010. The City Clerk stated that the public hearing notice was published in the Sun newspaper on December 18th, 2008, and no correspondence for or against the matter was received. The Director of Development Services presented the staff report indicating this 3 year program is for Leisure World bathroom accessibility ($200,000) -the funding is not guaranteed. Councilman Sloan said this is a very successful program and the residents in Leisure World are very appreciative. Mayor Shanks then opened the public hearing. Speakers: Eldon Alexander, 8th Street, stated there was an omission in the staff report that the Citizens Participation Committee should have been included and this committee should participate in developing the Housing Element and expand the committee to 10 members; Mary Lewis, 8th Street, said she supports Mr. Alexander's recommendation; and Mike Buhbe, Central Way, indicated that he supports staff recommendation. There were no other speakers the Mayor closed the public hearing. Antos moved, second by Sloan, to adopt Resolution Number 5831 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE, PROGRAM YEAR 2009-2010". (CDBG funds for low/moderate income housing projects) AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None UNFINISHED BUSINESS None at this time. Motion carried With no objection the Mayor called a recess at 10:03 p.m. and reconvened the meeting at 10:08 p.m. 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 Page 10 -City Council 01/12/09 ITEM "V" /ORDINANCE NUMBER 1584 /REPEAL ORDINANCE NO. 1576 - TITLE 11, ZONING CODE The Director of Development Services gave a brief analysis of the options that Council has regarding Ordinance No. 1576. After Council deliberation, Sloan moved, second by Miller to introduce Ordinance 1583 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING ORDINANCE NO. 1576." The City Council cannot enact the same ordinance for one year after the adoption of Ordinance No. 1584 -the Council may adopt other ordinances related to zoning as long as the new ordinance is not substantially the same. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Mayor Shanks recessed the City Council to the Seal Beach Redevelopment Agency meeting at 10:19 and reconvened the Council meeting at 10:20. 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. City ler City of Seal Beach Approved: <<%!~~~~ ~ Mayor e n Attest: City erk n 1