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HomeMy WebLinkAboutCC Min 2010-02-22Seal Beach California February 22, 2010 1 1 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 item identified on the closed session agenda pursuant to Government Code §54956.8 (conference with real property negotiator - fire stations #44 & #48). ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn at 6:31 p.m. The City Attorney reported that the City Council gave directions to the City's property negotiator regarding the item on the closed session agenda and no other reportable action was taken. City Jerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2 - City Council 02/22/10 Seal Beach California February 22, 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 Miller 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 Battalion Chief Dan Hanson, OC Fire Authority Linda Devine, City Clerk APPR OVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES With no objections Mayor Sloan re- ordered the agenda placing item "I" for consideration after Oral Communications. Items pulled from the consent calendar: Shanks - items "E" and "F ". Levitt moved, second by Antos, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Councilman Shanks asked for clarification regarding Council's options regarding the McGaugh tennis court issue - City Attorney indicated that this is not on the agenda for Council discussion, deliberation, or consideration - the Mayor can direct staff for any future action - Council members can make their statements under Council Comments. PRESENTATIONS /RECOGNITIONS - 4r Cypress College Foundation - Seal Beach Citizen of the Year - Bill Ayres Mayor Sloan introduced Bill Ayres as the 2010 Cypress College Foundation Americana Award recipient for the Citizen of Year for the City of Seal Beach. Mr. Ayres thanked the Council for the recognition and announced the next Seal Beach Annual 5K/1 OK Run will be on April 10th. * Orange County Fire Authority - OC Fire Watch - Red Flag Program Mayor Sloan introduced Battalion Chief Dan Hanson who explained the Red Flag Program and presented the Council with the official "Red" flag. * Care Ambulance Update Report Mayor Sloan introduced Bill Weston, Director of Operation for Care Ambulance who provided a powerpoint presentation update report on the services provided since September 2009. ORAL COMMUNICATIONS Mayor Sloan declared Oral Communications to be open. Speakers: 13 speakers on the issue of saving McGaugh Elementary School tennis courts from being converted into a parking lot - a petition with 226 signatures was given to the City Council; Patty Campbell, Ironwood, continued questioning the process of building fire station #48 and urged the City to have an independent consultant prepare a pavement management plan; Seth Eaker, Seal Beach Chamber, announced several chamber events and commented on other issues regarding the City; Page - 3 City Council 02/22/10 Diane Wood - Singletary, Los Alamitos, spoke on the need to update the traffic light timing on Seal Beach Boulevard to Los Alamitos since the speed limits were increased; and Laura Herzog, Joint Forces Training Base, announced Base events and encouraged everyone to go through the CERT program training. There were no other speakers - Mayor Sloan declared Oral Communications closed. ITEM "I" / MCGAUGH SWIMMING POOL STATUS REPORT The Assistant to the City Manager presented an overview of the staff report and the City Engineer provided information regarding the integrity of the pool, explained the draining, and reminded Council of the study that was conducted by Rowley International (2008 Feasibility Study for the Swimming Pool Renovation /Replacement). Council concerns were brought up as to where the water (42 gallons per minute) is currently draining (under tennis courts, baseball field, etc.); french drains will not do the job; state architect would be involved for any work at the school site other than replacement of like with like; need a handle on future costs to maintain the facility; stop wasting water by filling the pool (drought); drain the pool and evaluate the condition of the pipes; pool at McGaugh will always belong to the school district - is there a city site; need more accurate cost information for repairs or replacement; go with the bare minimum and repair refurbish pool because the other sites that were recommended are not available; and pipes may not be the only problem (mechanical room beyond useful life). With no objections the Mayor requested a letter be sent to the school board stating their strong support in saving the McGaugh tennis courts; also include a copy of the petition that was given to Council. The City Manager read a draft letter he composed and stated he had spoken to the superintendent for Los Alamitos Unified School District and they are willing to work with the City on the joint master planning for the campus and other joint use agreements. The superintendent also indicated that the priority for the district would be to spend district dollars on educational pursuits and the recreational pieces would be at the City's expense. The City Manager continued to say that the district assets are for district educational purposes and the City really does not have a right to be there without a joint agreement. The biggest issue for the pool would be what will the Office of the State Architects allow or not allow in respect to the repair project on a school property. In regards to the tennis courts it will be up to the school board as to whether the courts will remain and not the decision of the City of Seal Beach. Antos moved, second by Shanks, to direct staff to determine what repairs are needed and provide Council with estimated costs for what work would be required. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report given. CITY MANAGER REPORT David N. Carmany, City Manager The City Manager announced a joint meeting of the City Council and the Planning Commission will be on April 12th following the business portion of the City Council meeting regarding the initial presentation of the 2010 Comprehensive Update to Title 11 - Zoning and also stated that the Los Alamitos High School boys basketball team is having a terrific season. COUNCIL COMMENTS Councilman Miller provided slides on an asphalt repair on Oleander and indicated it needs to be replaced with concrete when the curbs and gutter repairs are done in College Park East, requested to have an agenda item regarding an RFP for an independent consultant prepare a citywide Pavement Management Page 4 - City Council 02/22/10 Plan (Mayor so ordered), and continued to state the same concerns about the need for new construction and the process of fire station #48; Mayor Pro Tern Levitt inquired about the timeline for the improvement work on Beverly Manor Road - response: should start installing the storm drains and in three weeks start paving - the streets will be closed intermittently for the next 2 weeks and there will be access at least in one direction at all times (this project will not be completed before the move in date of the fire station); and Councilman Shanks stated he believes there was a breakdown in communication regarding the issue of the McGaugh tennis courts - there are not adequate number of tennis courts on this side of the 405 freeway (Zoeter courts were removed). COUNCIL ITEMS There were items at this time. CONSENT CALENDAR Antos moved, second by Shanks, to approve the recommended actions on the Consent Calendar as amended - items pulled for separate consideration "E" and « AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried A. Approved the Minutes of Regular City Council Meeting of February 8, 2010. B. Approved the Demands on Treasury. Warrants: 81348 -81545 $1,628,324.03 Year -to -Date: $26,679,870.56 Payroll: Direct Deposits & Checks $262,607.48 Year -to -Date: $4,942,805.03 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. C. Received and filed the Monthly Investment Reports: January 2010. D. Received and filed the Time Warner Cable Franchise Audit Report. E. Pulled for separate consideration. (Shanks) *E. Municipal Code: Title 7 (Public Peace, Morals, and Welfare) - Introduce Ordinance No. 1591 amending Chapter 7.55.010 (Park Use Restriction) adding subsection (K) prohibiting dogs or other animals in any public park, public parking lot or public median and schedule for adoption at the next City Council meeting. F. Pulled for separate consideration. (Shanks *F. Tennis Center Update Report - Receive and file. G. Approved the plans and specification for the Traffic Signal Upgrades - Project No. ST1008 -A (Citywide replacement of all signal heads at six locations) and authorized staff to solicit bids. H. Approved plans and specifications for the Striping and Signage Improvements - Project No. ST1008 -B (Citywide installation of new traffic signs and striping of stop bars and legends) and authorized staff to solicit bids. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "E" / ORDINANCE NO. 1591 / AMEND MUNICIPAL CODE / CHAPTER 7.55.010 (PARK USE RESTRICTION / PROHIBIT DOGS OR OTHER ANIMALS IN PUBLIC PARKS Page-5 City Council 02/22/10 Councilman Shanks pulled this item to state his opposition to the ordinance: likes the idea of leashed animals on the greenbelt area (PE right -of -way); no one patrols the Gum Grove Park area; Bridgeport area resident homes do not have lawns for their pets - they use the pocket park areas - they do not use leashes; should not have laws that can not be enforced by police or animal control; dogs need to be kept in control by the owners (including picking up after them); believes you are in violation if you take your pet out of the car even on a leash; was this issue taken to the recreation commission. The City Attorney explained the reason why this ordinance was presented to the Council - this language was in the previous code (before re- codification in 2004) under beaches and piers and the lifeguard department felt strong about not allowing dogs on the beach - it was not added in the parks section at that time - staff was referring to the code and realized the omission and brought to Council to see if this needs to be added to the code - there have been some complaints at some of the parks regarding dogs running loose and owners not cleaning up after them. The City Attorney informed the Council they have a wide discretion to adopt the language from the previous code, fine with the way the code is written now (only restrict the beach area), or restrict certain parks /areas - there is no staff recommendation. Shanks would like to have leashes for animals on the .greenbelt and Gum Grove Park and not other areas; Mayor Pro Tern Levitt agreed the proposed ordinance is not enforceable (animal control) - would eliminate the wording "public parking lot" - there is a parrot at Eisenhower Park during the summer concerts that would be allowed; Councilman Miller stated there is a problem at Arbor Park and needs to have signs to keep dogs off the soccer field - there are rules for the dog park area - all the parks in College Park East are playing fields for kids and no animals should be allowed to run loose and owners need to clean up after them - all parks in the council districts are different; Mayor Sloan clarified that even with the signs in the parks there is no code that could be enforced; the City Manager indicated that is why this item was brought to the Council - the old signs refer to the old code; and Mayor Sloan would like to have Edison Park included to have a no dogs" sign. Miller moved, second by Shanks, refer this matter to the Recreation and Parks Commission for review and to provide Council with a recommendation regarding adding the amendment (Ordinance No. 1591 - Chapter 7.55.010(K) to the Municipal Code. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "F" / TENNIS CENTER UPDATE REPORT The Assistant to the City Manager provided the staff report highlighting the improvements and membership since under the new management agreement with First Serve Tennis, Inc. (Cathy Jacobson -Guzy) - after a year of operation there is a better financial analysis of the tennis center, in summary the loss for the first year is reported to be approximately $40,000 ($12,000 is a cushion kept in reserve), the numbers from the previous manager was inaccurate and it is the goal of the current manager to reach a cost neutral status. Councilman Miller believed the tennis center would be breaking even and agreed there have been improvements in the last year. With no objections Mayor Sloan called for a recess at 9:10 p.m. and reconvened the meeting at 9:17 p.m. Councilman Miller continued with his comments - the facility condition of the tennis center is a concern and believes the citywide facilities needs assessment report will help to better understand the conditions of the locker room - the current manager is doing an outstanding job but would like to see more efforts in increasing members - the manager is on the right track. Cathy Jacobson reported that she believes the first ended better than she thought, with the bad numbers given to her by the previous manager - memberships are being put on hold (with the state of the economy) but still doing good - providing recreation Page 6 - City Council 02/22/10 classes for youth and adults - planning more marketing now that the upgrades have been made to the center. Councilman Shanks would have liked to have had a breakdown on the cost of the items listed in the staff report and Mayor Pro Tern Levitt would like to see advertising in Leisure World. Miller moved, second by Shanks, to receive and file the report and requested the next update report be done January 2011. 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 I. McGaugh Pool Status Report - Provide direction to staff and receive and file report. (This item was re- ordered to be considered after Oral Communications.) ADJOURNMENT With no objections the Mayor adjourned the City Council meeting at 9:30 p.m. to Monday, March 8, 2010 at 6:00 p.m. to meet in closed session, if deemed necessary. titrdlerk City of Seal Beach Approved: 'Mayor Attest: 6 4 c 1 City Clerk