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Home My WebLink AboutCC Min 2010-02-08Seal 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. . 4C , '11)//y" � City lerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2 - City Council 02/08110 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 Korngold -- 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 'J 1 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. Removed for separate consideration. (Miller) *1. 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. 1 1 i 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. it Clerk City of Seal Beach Approved: Mayor Attest: /A in�j City Clerk 1 1