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HomeMy WebLinkAboutCC AG PKT 2009-10-26 #CAGENDi4 STAFF REPORT DATE: October 26, 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 RE(~UEST: Approve minutes for City Council adjourned and regular meeting of October 12, 2009. SACKGROUN®: None FINANCIAL IMPACT: None RECOMMEN®ATION: Approve minutes for City Council adjourned and regular meeting of October 12, 2009. SUBMITTED BY: NOTED AND APPROVED: Lin a Devine, City Clerk David Carma y, City Manager Attachments: A. Minutes Agenda Item C Seal Beach California October 12, 2009 The adjourned meeting on this date was cancelled due to lack of business items in need of consideration. 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 and Councilman Antos leading the Salute to the Flag. ROLL CALL Present: Mayor Shanks; Council Members: Antos, Levitt, Miller, Sloan Staff: David Carmany, City Manager Quinn Barrow, City Attorney Chief Jeff Kirkpatrick, Seal Beach Police Department Vince Mastrosimone, Director of Public Works Robbeyn Bird, Director of Administrative ServiceslTreasurer Terrence Belanger, Interim Director of Development Services Jill Ingram, Assistant to the City Manager Chief Joe Bailey, Seal Beach Lifeguard Department Battalion Chief, Jose Valbuena, Orange County Fire Authority Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Antos moved, second by Sloan, to approve the agenda as presented. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS s~ California Association of Tactical Officers: ^ Chief Jeff Kirkpatrick - 2009 CATO "Chief of the Year' ^ Officer Mike Henderson - 2008 Outstanding SWAT Operator of the Year ^ Kathi Moen -Tactical Dispatcher of the Year Mayor Shanks presented a certificate of recognition to Chief Kirkpatrick and the Chief presented to Officer Henderson and Dispatcher Moen certificates of recognition on behalf of the City Council. ORAL COMMUNICATIONS Mayor Shanks declared Oral Communications to be open. Speakers: Robert Goldberg, Clipper Way, (hand-out) spoke on item "A" -council policy 100-03; Laura Herzog, representative for Los Alamitos Joint Forces Base, announced upcoming events and reported that the base runway has been repaired; Joyce Parque, 6th Street, reiterated her concerns about the Council and the city attorney -reported that there is graffiti by the Marina bridge area. 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 The City Manager introduced Terrence Belanger the interim Director of Development Services. COUNCIL COMMENTS Mayor Pro Tem Sloan announced that the annual clean-up day was October 3rd for Edison Community Gardens and commended the Community Services staff and the community for their efforts; Councilman Miller requested that the Mayor Page 2 -City Council 10/12/09 appoint him (Councilman for District 4 -College Park East) as the council representative/spokes person to the Mayor AdHoc Committee for the Joint Forces Training Base -Mayor Shanks asked staff to place this on the next agenda for discussion; and Mayor Shanks asked staff to look into the graffiti. COUNCIL ITEMS ITEM "A" /RESOLUTION NUMBER 5919 /REVISING COUNCIL POLICY 100- 03 /COUNCIL RULES OF CONDUCT (Shanks) With no objections Mayor Shanks continued this item until the next City Council meeting due to additional comments being submitted. Councilman Levitt provided staff with his written comments. Councilman Miller indicated he would submit his comments to the City Clerk and briefly commented on some of his suggested changes. Councilmembers Sloan and Antos reserved their comments until the revised version is completed. The City Attorney requested Council to clarify their positions on two items of the policy: Antos moved, second by Sloan to retain the language in section 6.A (6. CITY COUNCIL MEETING RULES OF ORDER A. Robert's Rules of Order Newly Revised shall govern the proceedings of the City Council in all instances not addressed by the Charter, Brown Act or these City Council Rules of Procedure.) AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Shanks moved, second by Antos to retain the language in section 6.B.7. (6. CITY COUNCIL MEETING RULES OF ORDER B. Rules of Debate 7. Each Council Member shall limit his or her comments to 15 minutes on each item on the agenda. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "B" /REVISE COUNCIL POLICY 300-09 /EXPENSE & USE OF PUBLIC RESOURCE /REVISE ADMINISTRATIVE DIRECTIVE 300-10 /TRAVEL & MEETING EXPENSES (Miller) The City Manager provided a brief staff report and the Director of Administrative Services was available to answer any City Council questions. After Council deliberation Antos moved, second by Miller, to give Councilmembers the option to either use the mileage reimbursement form (odometer reading) or allow staff to use Google Maps, MapOuest, and Yahoo to calculate mileage reimbursement. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Miller moved, second by Shanks to approve Council Policy 300-09. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried With no objections received and filed Administrative Directive 300-10. CONSENT CALENDAR Antos moved, second by Sloan to approve the recommended actions on the Consent Calendar as presented. The City Attorney read the title of Ordinance Number 1587. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried C. Approved the Minutes of the Regular City Council Meeting of September 28, 2009. Page - 3 City Council 10/12/09 D. Approved the Demands on Treasury: Warrants: 79440-79656 $1,933,450.38 Year-to-Date: $14,654,215.14 Payroll: Direct Deposits $ 299,750.84 Year-to-Date: $ 2,171,228.86 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. E. Approved the first reading and introduction of Ordinance No. 1587 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REVISING PERMIT REQUIREMENTS APPLICABLE TO MASSAGE ESTABLISHMENTS AND TECHNICIANS, AND AMENDING TITLE 5 OF THE SEAL BEACH MUNICIPAL CODE" - amending Title 5: Business Licenses and Regulations -Chapter 5.45: Massage Establishments of the code to conform with Senate Bill 731 - created a statewide certification program for massage professionals and places certain limitations on the City's ability to regulate state-certified massage professionals and massage businesses that employ only such professionals. Second reading and adoption is scheduled for the next Council meeting. F. Approved the plans and specifications for the tennis courts resurfacing and authorized staff to solicit for bids -Project No. BG1004. G. Adopted Resolution No. 5924 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE BID FOR THE CITYWIDE LANDSCAPE MAINTENANCE CONTRACT' -awarding a contract to Spectrum Care Landscape in the amount of $279,000/year - for a period of three years and may be extended for two additional one- year terms. ITEMS REMOVED FROM THE CONSENT CALENDAR No items were removed. PUBLIC HEARING ITEM "H" /RESOLUTION NUMBER 5925 /REVISE SPECIAL EVENT FEES / RESIDENT HOMEOWNER ASSOCIATIONS OR RESIDENT NEIGHBORHOOD ASSOCIATIONS 501(c)(3) NON-PROFIT ORGANIZATIONS Mayor Shanks announced this was the time and place for the public hearing for the consideration of: Resolution No. 5925 revising the Special Event fees for resident homeowner association or resident neighborhood association 501(c)(3) non-profit organizations be set at 25% of the current rate. Interim Director of Development Services provided a brief staff report. Mayor Shanks opened the public hearing -Speakers: Schelly Sustarsic, Candleberry, expressed that the College Park East Homeowners Association is in support of the resolution. There were no other speakers Mayor Shanks closed the public hearing. Antos moved, second by Miller to adopt Resolution No. 5925 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REVISING PROVISIONS OF RESOLUTION 5898 REGARDING SPECIAL EVENT FEES". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "I" /HEARING DE NOVO /CONDITIONAL USE PERMIT 09-5 / 4000 LAMPSON AVENUE (CHEVRON STATION - BHUPINDER S. MAC) Mayor Shanks announced this was the time and place for the public hearing for the consideration of: Conditional Use Permit 09-5 - 4000 Lampson Avenue (Chevron Station - Bhupinder S. Mac) - A hearing de novo to consider an application for a request to convert existing service bays within a service station to retail space. Interim Director of Development Services gave the staff report outlining the Council options regarding this item. It was clarified that the beer and wine application was withdrawn and not part of the consideration. The Council entered the staff report and all of its attachments into the record. Mayor Page 4 -City Council 10/12/09 Shanks opened the public hearing -Speakers: Jim Forgey, JAF Development Services -representing the applicant, stated the applicant's positions on the appeal -about 85% of the customers for the sandwich shop and dry cleaners would be getting gas and not require a parking space; Jim Derry, representing the Old Ranch Townhome Association, expressed the reasons why they are against the appeal -the City and community are not responsible for the empty service bays (Chevron does not allow the operation); Robert Tumelty, Old Ranch Road, stated he supports the Planning Commission decision in denying the CUP; Marry Balya, representing the owner, addressed the issues that were raised from those in opposition to the CUP indicating they had met all the Ciry requirements and had a meeting with the homeowner association to discuss their concerns - there is no change to the outside of the building -would close at 10:00 or 11:00 p.m. -there is sufficient number of driveways to not create any traffic congestions - have improved the landscaping; Schelly Sustarsic, Candleberry, said she does not believe there is enough parking and the area is too close to the neighbors for this type of business; Jim Forgey took the opportunity to rebut/clarify any statements -Chevron Corp. would not allow an Extra Mile Store due to not enough traffic on that corner, the cleaners would not operate on site - it would only be a pick up and drop off service. There being no other speakers Mayor Shanks closed the public hearing. Miller moved, second by Antos, to direct staff to come back with a resolution for Council consideration to deny the appeal for item "I" -Conditional Use Permit 09-5 - 4000 Lampson Avenue (Chevron Station - Bhupinder S. Mac) - A hearing de novo to consider an application for a request to convert existing service bays within a service station to retail space. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED BUSINESS No items at this time. NEW BUSINESS ITEM "J" /RESOLUTION NUMBER 5926 /SEAL BEACH ENGINEERING & TRAFFIC SURVEY (ETSI The Director of Public Works provided the staff report stating the California Vehicle Code (CVC) requires posted speed limits enforced by radar be justified by and ETS once every 7 years -the last one was done in 2002 and residential streets defined in the CVC are set at a prima facie speed of 25 mph -staff reviewed the 85'h percentile speeds of the various segments (11 in total) where the speed limits are recommended to be increased per the 2009 ETS (there were only 2 segments where there was increase over the past 7 years -the Council has 3 alternatives: 1) Adopt the proposed resolution which will approve the 2009 Ciry of Seal Beach Engineering and Traffic Survey and establish speed limits with the Ciry of Seal Beach to enable radar enforcement of posted speed limits within the City of Seal Beach. 2) Adopt a modified resolution changing the speed limits as agreed upon by the City Council. With this action, the use of radar for enforcement will not be enforceable for those speeds not justified by an engineering study. or 3) Do not approve the resolution or the 2009 City of Seal Beach Engineering and Traffic Survey. With this action, the use of radar for ticketing will not be enforceable at any of the locations in the survey. The Director indicated that Mr. Mark Miller from Albert Grover & Associates (Transportation Consulting Engineers) was present to answer any Council questions. Council concerns: Speed limit will increase on Westminster Ave. to 60 mph is only 5 mph less than the freeway -freeway has a K-rail dividing the opposing lanes; has there been more accidents due to the new shopping center on Seal Beach Blvd. -response was no. The police chief stated that the survey shows what the average driver is going on the roads and the officers are trained and certified and re-certified to use the radar equipment and the equipment is calibrated periodically. Page - 5 City Council 10/12/09 Antos moved, second by Sloan, to adopt Resolution No. 5926 (alternative A - to enable radar enforcement of posted speed limits within the City) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ACCEPTING THE 2009 ENGINEERING AND TRAFFIC SURVEYS AND ESTABLISHING CITY-WIDE SPEED LIMITS". 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 meeting at 9:06 p.m. to Monday, October 26, 2009 at 6:30 p.m., to meet in closed session if 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.