HomeMy WebLinkAboutCC AG PKT 2010-02-22 #AAGENDA STAFF REPORT
DATE: February 22, 2010
TO: Honorable Mayor and City Council
THRU: David Carmany. City Manager /Executive Director
FROM: Linda Devine, City Clerk/Agency Secretary
SUBJECT: APPROVAL OF MINUTES - CITY COUNCIL
SUMMARY OF REQUEST:
Approve minutes for City Council adjourned and regular meeting of February 8,
2010.
BACKGROUND:
None
FINANCIAL IMPACT:
None
RECOMMENDATION:
Approve minutes for City Council adjourned and regular meeting of February 8,
2010.
SUBMITTED BY: NOTED AND APPROVED:
i a Devine, ity Clerk David Carman , City Manager
Attachments:
A. Minutes
Agenda Item A
Seal Beach California
February 8, 2010
Mayor Sloan called the adjourned meeting of the Seal Beach City Council to
order at 4:30 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 §54956.9 (b) & (c)54957 (conference with legal counsel -
anticipated litigation - 2 cases); Government Code §54956.8 (conference with
real property negotiator - site known as DWP); and Government Code §54957
(Public Employment Evaluation - City Manager).
With no objections the Mayor recessed the closed session at 6:45 p.m. and
reconvened the closed session at 9:25 p.m.
ADJOURNMENT
It was the order of the Chair, with consent of the Council to adjourn at 9:55 p.m.
The City Attorney reported that the City Council gave directions to legal counsel
regarding item "A" on the closed session agenda and no other reportable action
was taken.
City Clerk
City of Seal Beach
Approved:
Mayor
Attest:
City Clerk
Page 2 - City Council 02/08/10
Seal Beach California
February 8, 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
Jill Ingram, Assistant to the City Manager
Chief Joe Bailey, Seal Beach Lifeguard Department
Battalion Chief Jeff Genoway, OC Fire Authority
Linda Devine, City Clerk
City Attorney announced that the City Council met in closed session at 4:30 p.m.
and recessed at 6:45 p.m. and will reconvene after the regular meeting.
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
& ORDINANCES
Mayor Sloan announced a change in the wording of agenda item "G" - should
state: "Ratify Mayor's appointment of Councilman Gary Miller to be the
representative to the Joint Forces Training Base to address non - military base
issues that may affect the surrounding communities - Cypress, Los Alamitos, and
Seal Beach." A letter will be sent to notify the JFTB of the appointment.
Items pulled from the consent calendar: Shanks - item "B'; Antos - item "F'; and
Miller - items "H" and "I ". Shanks moved, second by Antos, to approve the
agenda as amended.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
PRESENTATIONS /RECOGNITIONS
Mayor Sloan introduced the police chief who recognized the following:
Seal Beach Police Department - 2009 Employees of the year -
Chief Jeff Kirkpatrick
• Corporal John Scott -- Police Office of the Year
• Community Services Officer Dominic Sarabia -- Professional Employee of the Year
• Reserve Police Officer Gary Komgold -- Reserve Officer of the Year
• Dispatcher Michael Berry -- WestComm Dispatcher of the Year
• Volunteer in Policing Laurel Mauk -- Volunteer of the Year
• Detective Joe Hardin -- 2009 Top Gun Award
ORAL COMMUNICATIONS
Mayor Sloan declared Oral Communications to be open. Speakers: Dan
Schaeffer, Administrator /Golden Rain Foundation (Leisure World), read a
statement regarding the equity of water rates for Leisure World residents; Patty
Campbell, Ironwood, stressed the City needs to have an updated facilities
assessment before doing anymore work on any of the city facilities and continued
expressing her opinions on issues related to the city manager; Ruth Harrell,
owner of Gallery 212 on Main Street invited Council to their event - "Kate Pedigro
Day" local author and artist on February 13th; Robert Goldberg, Clipper Way,
spoke on items "F'- campaign finance report - supporting a limit on contributions,
item "L" - sand dune issue off of 2nd street, and item "E" - mid -year budget - cost
Page-3 City Council 02/08/10
of State of City luncheon, PD overtime costs, and the elimination of doing a park
master plan; Mike Buhbe, Central Way, requesting an update on issue of
campaign limit of $250 (item "F); Eldon Alexander, 8th Street, stated item "F" will
be illegal (changes to federal and state laws and court decisions) and has no
affect on recall- referendum - initiative elections - $250 was the limit before in 1994
- PAC's can influence the elections; Joyce Parque, 6th Street, referred to her
"freedom of speech" issue - DWP committee member from District 1 held a
secret meeting - at Planning Commission meeting the City Attorney was asked to
clarify the role of commissioners re: DWP property issue. There were no other
speakers - Mayor Sloan 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 Miller inquired about notifying the neighbors along Lampson about
the tree planting - requested-to refer the sand dune issue (item "L ") to the Seal
Beach Environmental Quality Control Board (EQCB) (no consensus) - requested
to have an RFP for a facilities needs assessment of all city facilities (Mayor
asked City Manager to agendize) - requested to have wording in the PSA's
(Professional Services Agreement) that would disclose any relationships
between City officials and contractor and discuss the process and set a threshold
when PSA's need to go out for proposals (Mayor asked city manager to
agendize); Councilman Antos responded to comment made regarding a recent
DWP private meeting and stated he was aware of a meeting and indicated they
also have a right of freedom of speech.
COUNCIL ITEMS
ITEM "A" / SEAL BEACH BOARDS. COMMITTEES. & COMMISSIONS
Mayor Sloan nominated Bonnie Gasior to be one of the At -large members on the
AdHoc General Plan /Local Coastal Plan Citizens Advisory Committee -
Councilman Miller nominated Kenneth Coultrup as the other At -large member
and Robert Girardi as an alternate. Antos moved, second by Levitt to approve
list of appointments /re- appointments to the various boards, committees, and
commissions as amended.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
CONSENT CALENDAR
Antos moved, second by Shanks, to approve the recommended actions on the
Consent Calendar as amended - items pulled for separate consideration "B ", "F",
"H ", and "I ".
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
B. Removed for separate consideration. (Shanks)
'B. Minutes of Study Session (City Tree Master Plan) held on
January 19, 2010 and Regular City Council Meeting of
January 25, 2010 - Approve by minute order.
C. Approved the Demands on Treasury:
Warrants: 81137-81347 $1,009,848.04 Year -to -Date: $25,051,546.53
Payroll: Direct Deposits &
Checks $269,931.95 Year -to -Date: $4,680,197.55
Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals.
Page 4 - City Council 02/08/10
D. Received and filed the Monthly Investment Reports: December 2009.
E. Adopted Resolution No. 5965 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING
A BUDGET AMENDMENT IMPLEMENTING THE FISCAL YEAR 2009-
2010 MID -POINT BUDGET REVIEW ".
F. Removed for separate consideration. (Antos)
*F. Campaign Finance Report (Antos) - Receive and file.
G. Ratified Mayor's appointment of Councilman Gary Miller to be the
representative to the Joint Forces Training Base to address non - military
base issues that may affect the surrounding communities - Cypress, Los
Alamitos, and Seal Beach. A letter was sent to notify the JFTB of the
appointment.
H. Removed for separate consideration. (Miller)
*H. Support Letter for Orange County Sanitation District Funding
Priorities - Approve support for Orange County Sanitation District
funding priorities and authorize the Mayor's signature on the
letters of support.
I. Removed for separate consideration. (Miller)
*I. Statewide Park Development and Community Revitalization
Program of 2008 (grant) - Adopt Resolution No. 5966 approving
the City to submit an application for the grant.
J. Approved plans and specifications and authorized staff to solicit for bids
for the Seal Beach Boulevard Resurfacing Project from Pacific Coast
Highway to Bolsa Avenue, Project No. ST1005.
K. Directed staff to solicit proposals, from landscape architects, for the
preparation of a Citywide Street Tree Master Plan by releasing and
circulating a Request for Proposal (RFP).
L. Received and filed staff report and authorized City Manager to respond to
the California Coastal Commission re: Notice of Violation (sand dunes).
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "B" / MINUTES / REGULAR CITY COUNCIL MEETING ON JANUARY 25
2010
Councilman Shanks pulled this item to point out a clerical correction to the
minutes of the regular meeting on January 25, 2010 - under
" PRESENTATIONS /RECOGNITIONS" it should read Mayor Sloan not Mayor
Shanks. Shanks moved, second by Antos, to approve the minutes of January
19, 2010 and the minutes of January 25, 2010 (as amended).
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "F'/ CAMPAIGN FINANCE REPORT
Councilman Antos pulled this item for discussion. Consensus of the Council was
to set a limit on campaign contributions. Shanks moved, second by Miller, to
direct the City Attorney to draft an ordinance relating to campaign finance - limit
contribution to $500 per person and allow only one campaign committee per
candidate.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
Page-5 City Council 02/08/10
ITEM "H" / SUPPORT LETTER / ORANGE COUNTY SANITATION DISTRICT
Councilman Miller pulled this item to receive clarification. The City Manager
responded that the fuel cell facility would be at the Sanitation District plant. Miller
moved, second by Antos, to authorize the Mayor's signature on the letters of
support regarding funding priorities.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "I" / RESOLUTION NO. 5966 / STATEWIDE PARK DEVELOPMENT AND
COMMUNITY REVITALIZATION PROGRAM (GRANT)
Councilman Miller pulled this item and questioned if Heather Park was the only
park that met the grant criteria and could the Council refuse the grant, if awarded:
Response to both questions was yes. Miller moved, second by Antos, to adopt'
Resolution No. 5966 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH, CALIFORNIA APPROVING THE APPLICATION FOR
STATEWIDE PARK PROGRAM GRANT FUNDS ".
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
PUBLIC HEARING
ITEM "M" / RESOLUTION NO. 5967 / 2010 WATER RATE ADJUSTMENT
The Interim Director of Public works provided a staff report stating the proposed
rate structure will allow the City water utility to operate efficiently with the lowest
rates possible to water customers - water rates do not impact the General Fund.
Presentation given by Willdan Financial Services giving an overview of the Water
Rate Study Analysis Report.
Speakers: (Dan Schaeffer, Administrator /Golden Rain Foundation, spoke during
oral communications) Dwayne Smith and Ken Cude residents in Leisure World -
stated they felt the 6,608 Leisure World residents should receive equitable
treatment, ignore the size of the meter and look how much each resident is
paying, and Leisure World has been supporting the city for over 50 years
(economically); Robert Goldberg, Clipper Way, expressed his opinions -
residents have been over charged over the last 5 years and suggested only
adopt a 2 or 3 year chart to see what the future rates will be from the
Metropolitan Water District (MWD); and Eldon Alexander, 8th Street, commented
that there is still $30 million worth of infrastructure projects - should continue with
pay as you go.
After a short council deliberation and with no objections Mayor Sloan continued
the public hearing to March 8th for staff to provide more information regarding the
residential vs. commercial rates, reserves, and distribution consumption also
consider the information provided by the Leisure World Administrator.
UNFINISHED BUSINESS
No items at this time.
NEW BUSINESS
No items at this time.
Mayor Sloan recessed the meeting at 9:10 p.m. to reconvene the scheduled 4:30
p.m. closed session.
ADJOURNMENT
The City Attorney reported that the City Council gave direction to legal counsel
regarding item "A" (anticipated litigation - 2 cases) on the closed session agenda
and no other reportable action was taken.
Page 6 - City Council 02/08/10
With no objections the Mayor adjourned the City Council meeting at 9:55 p.m. to
Monday, February 22, 2010 at 6:00 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.