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Home My WebLink AboutCC AG PKT 2009-04-27 #BAGENDA STAFF REPORT DATE: April 27, 2009 TO: Honorable Mayor and City Council THRU: David Carmany. City Manager , FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF MINUTES -CITY COUNCIL SUMMARY OF REQUEST: Approve minutes for City Council adjourned and regular meeting of April 13, 2009. BACKGROUND: None FINANCIAL IMPACT: None RECOMMENDATION: Approve minutes for City Council adjourned and regular meeting of April 13, 2009. . SUBMITTED BY: Lin a Devine, City Clerk NOTED AND APPROVED: C~-~ David Carman ,City Manager Attachments: A. Minutes Agenda Item B Seal Beach California April 13, 2009 Mayor Shanks called the adjourned meeting of the Seal Beach City Council to order at 6:30 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 the City Council would meet in closed session to discuss the items identified on the closed session agenda. Pursuant to Government Code Section 54956.9(b) conference with legal counsel: anticipated litigation (1 case). ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 6:55 p.m. (The City Attorney stated there was no reportable action taken.) City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2 -City Council 04/13/09 Seal Beach, California April 13, 2009 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Shanks calling the meeting to order with Councilman Antos 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 Services/Treasurer Chief~Jeff Kirkpatrick, SB Police Department Captain Joe Bailey, SB Lifeguard Department Jill Ingram, Assistant to the City Manager Lt. Tim Olson, SB Police Department Michael Ho, City Engineer Tim Kelsey, Community Services -Program Facilitator Battalion Chief JJ McMaster, OCFA Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES The City Manager removed item "P" from the agenda. Pulled from the Consent Calendar for separate consideration: Antos -items "I" and "K"; Miller -items "D", "E", "F°, "G", and "O". Levitt moved, second by Sloan, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS Mayor Shanks presented the following: x`r Arbor Day Proclamation -Trees for Seal Beach representative Jim Caviola was present to receive the proclamation and announced that their semi- annualfund raiser will be held on June 27th. ~`r °Distinguished Budget Presentation Award" July 1, 2008 -Government Finance Officers Association (GFOA) -Department of Public Works and Department of Administrative Services ORAL COMMUNICATIONS Mayor Shanks declared Oral Communications to be open. Speakers: Bill Ayres, 10K Run, announced this year: 559 volunteers-22 sponsors-40 patron sponsors- 5,420 registered runners-$100,000 raised and May 15th is the deadline for grant requests; Robert Goldberg, Clipper Way, provided hand-outs to council regarding the upcoming budget study session and his opposition to the employee collective bargaining agreements (items D-F); Gail Ayres, Central Avenue, expressed her concerns about the number of liquor licenses on Main Street and the problems this creates in the neighborhood; Greg Griffin, director, Sunset Beach Sanitary District, spoke on item "I" asking council to consider reconfirming the Sunset Beach Sanitary District sphere of influence as co-terminus with its existing boundaries; Eldon Alexander, 8th Street, believes that concerns expressed during oral communications should be enough for council to respond and not have to submit a list and that council misinforms the public on the agenda process -Brown Act violation; Joyce Parque, 6th Street, stated she has not received a response from the City on a letter she sent them regarding PD = Page - 3 City Council 04/13/09 employees having outside jobs -should not put advertisements for tennis center in the city water bills -TOT increase was for storm drains -need to remove graffiti on newsracks; Bob Heenan, Hazelnut, indicated that the businesses in Seal Beach are dedicated to the City and council needs to support them (more lighting and sidewalk repair on Main Street). There were no other speakers; Mayor Shanks declared Oral Communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report given. CITY MANAGER REPORT David N. Carmany, City Manager No report given. . COUNCIL COMMENTS Councilman Antos -clarified statements made regarding routine maintenance issues, the budget process is where the Chamber needs to put in writing their requests for City support, the co-sponsored events were canceled by the Chamber not the City, and the monies from Bixby was earmarked for College Park East; Councilman Miller -stated regarding the budget study session he would like to have a 1 year budget, a comparison to the 2008/09 budget, and start the session at 6:00 p.m. instead of 5:00 p.m. -commented about the mid- year budget (item "D" on 03-23-09 agenda) -inquired about the fire station project; Mavor Pro Tem Sloan reported that the area where fire station #48 was is now a vacant lot and the replacement project is going very smooth; Mavor Shanks -asked staff to place on an upcoming agenda an item regarding procedures of the Council meeting -indicated that at the budget study session is where council should make recommendations to staff what they would like to have changed for the next budget cycle -Brown Act has both good and bad aspects for council to do business -Chamber has a difficult time right now (economy) -Council responds to issues when requested -all actions for maintenance and repair attracts visitors to our City and brings support to businesses -can not do everything everyone wants done -City supports many areas for the Chamber -the time to ask for major funding is during the budget study sessions. COUNCIL ITEM No items at this time. CONSENT CALENDAR Items pulled from the Consent Calendar: D - E - F - G - I - K - O. Antos moved, second by Miller, to approve the recommended actions on the Consent Calendar as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried With no objections Mayor Shanks called a recess at 8:06 p.m. and reconvened the meeting at 8:14 p.m. B. Approved the minutes of Adjourned and Regular City Council Meeting of March 23, 2009. C. Approved by Minute Order Demands on Treasury: Warrants: 76017 - 76307 $1,922,646.37 Year-to-Date: $24,036,589.07 Payroll: Direct Deposits & Cks 76016 - 76139 $246,183.40 Year-to-Date: $4,815,345.13 Year-to-date an: actual cash disbursements and do not reflect actual expenditures due to year-end accruals. Page 4 -City Council 04/13/09 C. Received and filed the Monthly Investment Report for February 2009. D. Removed for separate consideration. (Miller) •D. Terms & Conditions of Employment for Executive/Mid-Management and Memoranda of Understanding for the Orange County Employees Association (OCEA) and for the Supervisors & Professionals Association (SBSPA) - Adopt: 1. Resolution No. 5853 establishing terms and conditions of employment for Executive/Mid- Management and the 2009 City of Seal Beach Pay Structure for all City regular full-time employees; 2. Resolution No. 5853-B approving the MOU with OCEA with an effective date of April 13, 2009; and 3. Resolution No. 5853-C approving the MOU with SBSPA with an effective date of April 13, 2009. ' E. Removed for separate consideration. (Miller) `E. Seal Beach Police Officers' Association -Side Letter Agreement - Adopt Resolution No. 5854 -amending Articles V, VIII, XII, and XIX of the Memorandum of Understanding between the City of Seal Beach and the Seal Beach Police Officers' Association. F. Removed for separate consideration. (Miller) 'F. Seal Beach Police Management Association - Side Letter Agreement -Adopt Resolution No. 5855, amending Articles 3, 20, 23, and 29 of the Memorandum of Understanding between the City of Seal Beach and the Seal Beach Police Management Association. G. Removed for separate consideration. (Miller) `G. Part-Time Seasonal and Temporary Employees Establishing Hourly Wages -Adopt Resolution No. 5858 updating the salary schedule for part-time seasonal and temporary positions. H. Adopted Resolution No. 5857 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALIFORNIA SUPPORTING THE "ONE WATER ONE WATERSHED" SANTA ANA RIVER WATERSHED INTEGRATED REGIONAL WATER MANAGEMENT PLAN AND IT'S SUBMITTAL TO THE DEPARTMENT OF WATER RESOURCES FOR PROPOSITION 84, CHAPTER 2 PROGRAM FUNDING". Removed for separate consideration. (Antos) 'I. Local Agency Formation Commission of Orange County -Authorize the Mayor to execute comment letter to LAFCO regarding requested "Sphere of Influence and Municipal Service Review Reconfirmations" for the City of Los Alamitos, the City of Huntington Beach, and the Sunset Beach Sanitary District. J. Adopted Resolution No. 5858 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING MEMORANDUM OF UNDERSTANDING FOR 2009 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT' indicating Orange County will serve as the applicant/fiscal agent for the grant funds. K. Removed for separate consideration. (Antos) •K. 2009 Annual Tree Pruning Program -Adopt Resolution No. 5859 awarding the contract to Great Scott Tree Service Inc. in the amount of $80,580.00 and authorize the City Manager to execute the agreement. L. Adopted Resolution No. 5860 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL RATIFYING THE AGREEMENT WITH ENVIRONMENTAL RESOLUTIONS, INC. FOR RAPID RESPONSE Page - 5 City Council 04/13/09 ENVIRONMENTAL ASSESSMENT SERVICES FOR LAMPSON AVENUE SEWER REPLACEMENT PROJECT N0.50215". M. Adopted Resolution No. 5861 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING THE PROCLAMATION OF ARBOR DAY OBSERVANCE IN THE CITY OF SEAL BEACH" and direct staff to proceed in the application process to have the City designated as a'Tree City USA". N. Approved the plans and specification for the West End Pump Station Phase II -Project No. SD0901 and authorized staff to proceed with the bidding process. , O. Removed for separate consideration. (Miller) *O. Federal Aid Project Master Agreement No. 12-5229R with the California State Department of Transportation -Caltrans -Adopt Resolution No. 5862 approving Caltrans to administer the Federal Economic Stimulus Federal Funds for the City. (designated project - resurtace Westminster Avenue from Seal Beach Blvd to Bolsa Chica) ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "D" /RESOLUTION NUMBER 5853 -TERMS & CONDITIONS OF EMPLOYMENT FOR EXECUTIVE/MID-MANAGEMENT EMPLOYEES / RESOLUTION NUMBER 5853-B -MEMORANDUM OF UNDERSTANDING - ORANGE COUNTY EMPLOYEES ASSOCIATION /RESOLUTION NUMBER 5853-C - MEMORANDUM OF UNDERSTANDING FOR SEAL BEACH SUPERVISORS & PROFESSIONALS ASSOCIATION Councilman Miller pulled items "D" through "G" off the Consent Calendar and stated his concerns: 1) wished he had ared-lined version of the previous MOU's for comparison; 2) wanted the effective date of the new MOU's to be July 1st; and 3) would vote no and would prefer to postpone adopting the MOU's until after the budget study session 4) inquired about the $300,000 budgeted for the increase in compensations. Mayor Shanks said there needed consistency throughout all the bargaining groups. Councilman Levitt also inquired about waiting until June to approve new MOU's. The City Manager responses: Council was keep abreast of the bargaining process; bargained in good faith with the bargaining groups; approved title changes; the City's best assets are the employees and treats them fair; this was a lengthy and very thorough process; align pay appropriately (classifications and compensations); serious problem was the unfunded liability; bargained out the retiree health benefits for new hires; would not need the full $300,000 that was budgeted for 2009; and bargained a 3 year agreement with the two groups (OCEA and SBSPA). Antos moved, second by Sloan to adopt Resolution No. 5853 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ESTABLISHING THE TERMS & CONDITIONS OF EMPLOYMENT FOR EXECUTIVE/MID- MANAGEMENT EMPLOYEES AND THE 2009 PAY STRUCTURE FOR REGULAR FULL-TIME EMPLOYEES"; Resolution No. 5853-B entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SEAL BEACH AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION (OCEA) FOR THE PERIOD OF APRIL 13, 2009 THROUGH JUNE 30, 2012" and Resolution No. 5853-C entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION (SBSPA) FOR THE PERIOD OF APRIL 13, 2009 THROUGH JUNE 30, 2012". Page 6 -City Council 04/13/09 AYES: Antos, Levitt, Shanks, Sloan NOES: Miller Motion carried ITEM "E" /RESOLUTION NUMBER 5854 /SIDE LETTER AGREEMENT /SEAL BEACH POLICE OFFICERS' ASSOCIATION Antos moved, second by Sloan to adopt Resolution No. 5854 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING ARTICLES V, VIII, XII, and XIX OF THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH POLICE OFFICERS' ASSOCIATION (SBPOA)". AYES: Antos, Levitt, Shanks, Sloan NOES: Miller Motion carried ITEM "F' /RESOLUTION NUMBER 5855 /SIDE LETTER AGREEMENT /SEAL BEACH POLICE MANAGEMENT ASSOCIATION Antos moved, second by Levitt to adopt Resolution No. 5855 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING ARTICLES 3, 20, 23, AND 29 OF THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH POLICE MANAGEMENT ASSOCIATION (SBPMA)". AYES: Antos, Levitt, Shanks, Sloan NOES: Miller Motion carried ITEM "G" / RESOLUTION NUMBER 5856 / PART-TIME SEASONAL & TEMPORARY EMPLOYEES /HOURLY WAGES Antos moved, second by Sloan to adopt Resolution No. 5856 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING HOURLY WAGES FOR PART-TIME, SEASONAL AND TEMPORARY EMPLOYEES AND REPEALING ON THE EFFECTIVE DATE SPECIFIED, ALL RESOLUTIONS IN CONFLICT HEREWITH". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "I" / LOCAL AGENCY FORMATION COMMISSION OF ORANGE COUNTY /COMMENT LETTER Councilman Antos pulled the item from the Consent Calendar to revise the letter to LAFCO to read: "Any decision to annex this area would follow discussions with the affected residents and a full review of "fiscal impacts" and municipal services including "the Sunset Beach Sanitary District"." Mayor Shanks stated he had requested the Rossmoor area be removed from the letter and also said that if an area is under 150 acres (such as Sunset Beach) the County can direct them to be incorporated to a neighboring city - LAFCO will be putting out a report later this month re: population, sales tax revenue, and basic make-up of Sunset Beach -this report will give the Council a better understanding about Sunset Beach. Antos moved, second by Miller, to authorize the Mayor to execute the amended comment letter to LAFCO regarding requested "Sphere of Influence and Municipal Service Review Reconfirmations" for the City of Los Alamitos, the City of Huntington Beach, and the Sunset Beach Sanitary District. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "K" /RESOLUTION NUMBER 5859 / 2009 ANNUAL TREE PRUNING PROGRAM Councilman Antos pulled this item for clarification that Great Scott had an arborist that would supervise the pruning of the trees -staff response: Yes. Page - 7 City Council 04/13/09 Councilman Miller inquired about the Street/Tree Master Plan and a schedule of what areas would be trimmed -staff response: this project is divided into 3 steps: 1) contract for pruning trees; 2) Master Plan and inventory will be handled with a purchase order; and 3) urban design -look at proposals from architectural firms (building identification signs, benches, street signs, etc.) -tree trimming will be on an as needed basis with emphasis in the Old Town area. Antos moved, second by Levitt, to adopt Resolution No. 5859 entitled ~ "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AWARDING THE CONTRACT FOR 2009 ANNUAL TREE PRUNING" (Great Scott Tree Service Inc. in the amount of $80,580.00). AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "O" /RESOLUTION NUMBER 5882 /FEDERAL AID PROJECT MASTER AGREEMENT /CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION (CAL TRANS) Councilman Miller pulled the item for clarification that all government funds have some strings -staff response: with this project the City will follow the federal procurement guidelines (prevailing wage laws, certified payroll, DBE, etc.). Miller moved, second by Antos, to adopt Resolution No. 5862 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO SIGN THE MASTER AGREEMENT NO. 12-5229R BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF SEAL BEACH FOR FEDERAL AID PROJECTS" approving Caltrans to administer the Federal Economic Stimulus Federal Funds for the City. (designated project -resurface Westminster Avenue from Seal Beach Blvd to Bolsa Chica). AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING No items at this time. UNFINISHED BUSINESS No items at this time. NEW BUSINESS Staff removed from the agenda. P. Removal of Pedestrian Crosswalk at the Intersection of Seal Beach Blvd. and Old Ranch ParkwayA-405 Crossing -Adopt Resolution No. 5663 approving the removal of the crosswalk per the request of Orange County Transportation Authority. ADJOURNMENT Adjourn the City Council to Tuesday, April 21, 2009 at 5:00 p.m. to meet for a Budget Study Session. 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. _