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Home My WebLink AboutCC Min 2010-01-11Seal Beach California January 11, 2010 D 1 Mayor Sloan 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 Sloan; Council Members Antos, Levitt, Miller, Shanks 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 54956.8 - leased property on Ocean Avenue & First Street) and Government Code Section 54956.9(b) — Conference with Legal Counsel — Anticipated Litigation - 2 cases. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 6:55 p.m. (City Attorney reported action at regular meeting) Ci Clerk City of Seal Beach Approved: N z vj - �� Mayor Attest: Ar , 1 '66( 1" )iw)ie City Clerk Page 2 - City Council 01/11/10 Seal Beach California January 11, 2010 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Sloan calling the meeting to order and Councilman Shanks leading the Salute to the Flag. ROLL CALL Present: Mayor Sloan; Council Members: Antos, Levitt, Miller, Shanks Staff: David Carmany, City Manager Quinn Barrow, City Attorney Chief Jeff Kirkpatrick, Seal Beach Police Department Terrence Belanger, Interim Director of Public Works Robbeyn Bird, Director of Administrative Services/Treasurer Mark Persico, Director of Development Services Jill Ingram, Assistant to the City Manager Chief Joe Bailey, Seal Beach Lifeguard Department Jose Valbuena, Battalion Chief OC Fire Authority Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Mayor Sloan indicated that item "B" be continued until February; Items pulled from the consent calendar for separate consideration: Shanks pulled item "N" and Miller pulled items "I" and "O ". Shanks moved, second by Antos, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS No presentations or recognitions at this time. ORAL COMMUNICATIONS Mayor Sloan declared Oral Communications to be open. Speakers: Patty Campbell, Ironwood Avenue, stated her concerns regarding the building of a new fire station and believes the City Manager should have disclosed his relationship with Andresen (went to high school with architect); Robert Coogan, Lawndale, CA, said he received a ticket in Seal Beach that led to his arrest for an outstanding warrant; Seth Eaker, SB Chamber /13th Street resident, announced chamber support on item "K" (UASI grant) - USS Dewey will be commissioned in Seal Beach - Chamber will be holding an 8 week seminar for small businesses; Robert Goldberg, Clipper Way, spoke on items "I" (CAFR - page 64) - "Q" (Title 11 update report) - "P" (environmental consultant); Geri West, Electric Avenue, read excerpt from the Brown Act regarding closed session - she wanted to make sure that the community was kept informed about the DWP property; Nancey Kredell, Seal Way, pointed out that the DWP specific plan states that 70% of the land was for open space and 30% for hotel not residential and the owners knew this when they purchased the property; and Joyce Parque, 6th Street, re- stated some of her concerns and reminded everyone that this is an election year for City Council. There were no other speakers - Mayor Sloan declared Oral Communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney The City Attorney reported the City Council met in closed session to discuss the items on the agenda. Item "A" - no action taken; item "B" - Council gave directions to the City Manager and City Attorney; no other reportable action was taken. Page-3 City Council 01/11/10 CITY MANAGER REPORT David N. Carmany, City Manager No report given. COUNCIL COMMENTS Miller - stated he would like to have the DVD's of Council meetings retained longer than 2 year and expressed his feelings regarding the issues on the fire station and investigation on allegations brought against him by the City Manager all of which he indicated had no merit and deemed unsubstantiated; Antos - commented on statements made against him during oral communications; Levitt indicated that his tour of the old fire station showed mold, stairs that were rotted, no gender facilities, fire hose not able to dry properly, etc.; Shanks - inquired about the CAFR (page 64) question brought up in oral communications - response: there could be an incorrect budget number that would show the excess in expenditures for capital projects; and Sloan announced the US Census Bureau will hold an open house on January 20th in Westminster - if anyone is interested to contact the City Clerk. COUNCIL ITEMS ITEM "A" / RESOLUTION NUMBER 5956 / 2010 MAYORAL APPOINTMENTS Antos moved, second by Shanks, to adopt Resolution No. 5956 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 COUNCIL MEMBERS AND RESCIND RESOLUTION NUMBER 5826 ". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "B" / CONTINUED TO FEBRUARY B. Boards, Committees, and Commissions - Review and make appointments to the expired terms or vacant positions on the various Boards, Committees, and Commissions for the City of Seal Beach. ITEM "C" / 2010 CALENDAR OF CITY COUNCIL MEETING DATES With no objections Mayor Sloan so ordered the cancellation for the following 2010 City Council meeting dates: May 24th, July 26th, August 23rd, September 27th, November 22nd, and December 27th. ITEM "D" / CLASSIFICATION SPECIFICATIONS / DIRECTOR OF PUBLIC WORKS (Miller) The Assistant to the City Manager gave a brief staff report. After Council deliberation Miller moved, second by Levitt, to direct staff to amend the Director of Public Works classification specifications to include at a minimum the experience, training, certificate and license requirements of the city engineer, no need to change the classification title of Director of public Works at this time. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried The City Manager indicated that the position of director does not necessarily need a Professional Engineers credential - the important part of this position is to coordinate the work of the engineering staff and the work of the field crews (management expertise) - staff will rewrite the classification specifications and return it for Council review. Page 4 - City Council 01/11/10 CONSENT CALENDAR Antos moved, second by Shanks, to approve the recommended actions on the Consent Calendar as amended. Item "B" to be continued to February and items pulled for separate consideration: Shanks pulled item "N" and Miller pulled items 99 1 " and "O ". The City Attorney read the title of Ordinance No. 1589 for the record (item "M "). AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried E. Approved the Minutes of Regular City Council Meeting of December 14, 2009. F. Approved the Demands on Treasury: Warrants: 80520 -80927 $2,490,184.73 Year -to -Date: $22,592,511.21 Payroll: Direct Deposits & Checks 80756 -80758 $546,851.58 Year -to -Date: $4,114,744.77 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. G. Received and filed the Monthly Investment Report: November 2009. H. Adopted Resolution No. 5957 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGET AMENDMENT NO. 10 -07 -01 TO APPROPRIATE FUNDING TO INCREASE BUDGET EXPENDITURES AND APPROPRIATE ADDITIONAL FUNDS FOR THE CITY ATTORNEY BUDGET ". (item L). I. Removed for separate consideration. (Miller) *I. June 30, 2009 Comprehensive Annual Financial Report, Management Letter to City Council, and Appropriations Limit agreed -upon procedures - Receive and file report. J. Adopted Resolution No. 5958 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 CITY MANAGER TO ACT AS AGENT FOR THE CITY TO CLAIM UNCLAIMED PROPERTY, AND RESCINDING RESOLUTION NUMBER 5827 ". K. Adopted Resolution No. 5959 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT / SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY 2009 URBAN AREAS SECURITY INITIATIVE (UASI) GRANT PROGRAM BETWEEN THE CITY OF SANTA ANA AND THE CITY OF SEAL BEACH ". L. Adopted Resolution No. 5960 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE AGREEMENT FOR SPECIAL COUNSEL SERVICES BETWEEN THE CITY AND JONES & MAYER" and adopted Resolution No. 5961 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE AGREEMENT FOR SPECIAL SERVICES BETWEEN THE CITY OF SEAL BEACH AND BLAYLOCK INVESTIGATIONS, INC." 1 1 1 Page-5 City Council 01/11/10 M. Introduced Ordinance No. 1589 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPLYING THE SEAL BEACH MUNICIPAL CODE TO ROADS AND AREAS WITHIN SUNSET AQUATIC PARK, ESTABLISHING SUNSET AQUATIC PARK PARKING RESTRICTIONS AND AMENDING TITLE 8 (VEHICLES AND TRAFFIC) OF THE SEAL BEACH MUNICIPAL CODE ". N. Removed for separate consideration. (Shanks) N. Enforcement of Parking Permit Regulations - Introduce Ordinance No. 1590 proposing revision to Title 8 Subsection (C) of Section 8.20.010 (Parking Without Payment Prohibited) of Chapter 8.20 (Motor Vehicle Parking Lots). O. Removed for separate consideration. (Miller) *O. Municipal Code - Title 9 - Chapter 9.70 Water Efficient Landscaping - Waive further reading and adopt Ordinance No. 1588 the guidelines for implementation of the City's Water Efficient Landscape Ordinance. P. Adopted Resolution No. 5962 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE AGREEMENT FOR SPECIAL SERVICES BETWEEN THE CITY OF SEAL BEACH AND DUDEK & ASSOCIATES - Peter Quinlan" ratifying an agreement for consultant services in connection with Arco Gas Station at 5th Street and PCH fuel tanks leak. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I" / JUNE 30, 2009 COMPREHENSIVE ANNUAL FINANCIAL REPORT C( AFR) (Miller) Councilman Miller received clarification on the Basic Financial Statements. Miller moved, second by Antos, to receive and file the CAFR, Management Letter to City Council, and Appropriations Limit agreed -upon procedures. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "N" / ORDINANCE NO. 1590 / MUNCIPAL CODE TITLE 8 AMEND 8.20.010.0 / PARKING PERMIT REGULATIONS (Shanks) Councilman Shanks received clarification that this was not a new permit. Shanks moved, second by Miller, to introduce Ordinance No. 1590 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REVISING PERMIT REQUIREMENTS FOR PARKING AT MOTOR VEHICLE PARKING LOTS, AND AMENDING TITLE 8 (VEHICLES AND TRAFFIC) OF THE SEAL BEACH MUNICIPAL CODE ". The City Attorney read the title into the record and stated this item will come back to the Council for adoption at their next meeting. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "O" / ORDINANCE NO. 1588 / WATER EFFICIENT LANDSCAPING (Miller) Councilman Miller received clarification that the written testimony was the ordinance. Miller moved, second by Shanks, to adopt Ordinance No. 1588 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY ADDING THERETO CHAPTER 9.70 REGARDING WATER EFFICIENT LANDSCAPING ". The City Attorney read the title into the record. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 6 - City Council 01/11/10 PUBLIC HEARING No items at this time. UNFINISHED BUSINESS No items at this time. With no objections Mayor Sloan recessed the City Council meeting at 8:20 p.m. and reconvened the meeting at 8:28 p.m. NEW BUSINESS ITEM "Q" / STATUS REPORT / TITLE 11 ZONING The Director of Development Services presented a brief staff report highlighting the schedule of community meetings. Shanks moved, second by Miller, to receive and file the status report and approve the schedule of community meeting dates as presented. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Mayor Sloan recessed the City Council to the Seal Beach Redevelopment Agency meeting at 8:35 p.m. and reconvened the Council meeting at 8:36 p.m. ADJOURNMENT With no objections the Mayor adjourned the City Council at 8:37 p.m. to Tuesday, January 19, 2010 at 5:00 p.m. for a Study Session on Street Tree Master Plan and City Tree Advisory Board. A ') 2"Aa, City Clerk City of Seal Beach Approved: .(1��. /� Mayor Attest: City Cler