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Home My WebLink AboutCC AG PKT 2010-06-14 #FAGENDA STAFF REPORT DATE: June 14, 2010 TO: Honorable Mayor and City Council THRU: David Carmany. City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF MINUTES - CITY COUNCIL SUMMARY OF REQUEST: Approve minutes for City Council adjourned and regular meeting of May 10, 2010. BACKGROUND: None FINANCIAL IMPACT: None RECOMMENDATION: Approve minutes for City Council adjourned and regular meeting of May 10, 2010. SUBMITTED BY: NOTED AND APPROVED: A Lina Devine, City Clerk David Carmany, City Manager Attachments: A. Minutes Agenda Item F Seal Beach California May 10, 2010 Mayor Sloan called the adjourned meeting of the Seal Beach City Council to order at 4:00 p.m. in the City Council Chambers. Present: Mayor Sloan; Council Members Antos, Levitt, Miller, Shanks and Planning Commissioners: Bello, Deaton, Galbreath, and Massa -Lavitt Staff: David Carmany, City Manager Quinn Barrow, City Attorney Chief Jeff Kirkpatrick, Police Department Sean Crumby, Director of Public Works Robbeyn Bird, Dir Admin Servicesrrreas Mark Persico, Dir Development Services Jill Ingram, Assist to the City Manager Chief Joe Bailey, Lifeguard Department Linda Devine, City Clerk Captain Tim Olson, Police Department Lt. Bob Mullins, Police Department Alayna Hoang, Senior Accountant Jerry Olivera, Senior Planner Lt. Chris Pierce, Lifeguard Department Jeff Watson, Maintenance Services Mgr Anita Chapanond, Deputy City Clerk Tim Kelsey, Supervisor - Community Services Dana Kukuruda, Coordinator - Community Services Tom Casulas, PW Inspector (contract) The Assistant City Attorney, Steven Flower, conducted the required AB 1234 training. Four groups of ethics laws covered: 1) Personal Financial Gain - Political Reform Act - Report Interest (FPPC - form 700) - Government Code Section 1090 & Redevelopment Conflicts (contracts); 2) Personal Advantages and Perks - (reporting gifts, gift limits, and loans); 3) Governmental Transparency - Brown Act and Meetings - Public Records Act; and 4) Fair Processes - due process and impartial decisionmaker - campaign contributions. Key Lessons: the law sets minimum standards for ethical behavior and it's your choice how high you want to set your sights above the minimum requirements of the law. Where to get help with ethical issues: City Attorney - Fair Political Practice Commission (FPPC) 1- 866 - ASK -FPPC or www.fppc.ca.gov - Institute for Local Self Government (www.iisg.org /trust). CLOSED SESSION At 6:00 p.m. Mayor Sloan recessed to closed session 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 to discuss the items identified on the closed session agenda: Item "A" Conference with real property negotiator - Government Code §54956.8 The property generally known as the "DWP site" located westerly of First Street and easterly of the San Gabriel River, Seal Beach and item "B" Conference with legal counsel - existing litigation - Government Code §54956.9(a) Litigation, to which the local agency is a party, has been initiated formally: Bay City Partners LLC vs. City of Seal Beach (case no. 30 -2010 00364556) The City Attorney reported at the regular meeting that the City Council gave direction to the City Manager and there was no other reportable action taken. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn at 6:45 p.m. Approved: Mayor City Clerk City of Seal Beach Attest: City Clerk Page 2 - City Council 05/10/10 Seal Beach California May 10, 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 Sean Crumby, 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 Ed Fleming, Division Chief - OC Fire Authority Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Shanks moved, second by Antos to approve agenda as amended. Items pulled from consent calendar. Miller pulled items "J" and "K ". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS National Beach Safety Week - May 24 -31, 2010 Chief Joe Bailey received the proclamation. Law Enforcement Memorial Week - May 9 -15, 2010 Chief Jeff Kirkpatrick received the proclamation. Orange County Fire Authority - Division Chief Ed Fleming Chief Fleming was introduced as the new Division Chief for the Seal Beach area. West Orange County Connector - OCTA Update Presentation For more information contact Christina Byrne (714) 560 -5717 or cbyrne@octa.net website: www.octa.net/westcounty ORAL COMMUNICATIONS Mayor Sloan declared Oral Communications to be open. Speakers: David Rosenman, 8th Street, commented on item "J" (2010 Street Tree Master Plan) and the Tree Advisory Board; Janice Dahl and Elizabeth Lamb, representing Los Cerritos Land Trust, informed the Council that the EIR for the project located on 2nd Street and PCH (Long Beach) is in the review and comment period and stated that Seal Beach would be impacted by the project - there will be a community briefing next week by their attorney; and Joyce Parque, 6th Street, restated the importance for everyone to pay attention to the November election - there are 3 council seats on the ballot - listed all the taxes that the residents are paying. 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. Page-3 City Council 05/10/10 COUNCIL COMMENTS Councilman Miller requested a copy of the final draft for Title 11 to review before the public hearing on June 14th and requested that a performance review of the City Manager be placed on the next agenda; Councilman Antos requested to have a status report on the Local Coastal Plan and the Main Street Specific Plan - commented that staff should use training provided locally; Councilman Shanks stated he does not agree to have the city manager performance review on the agenda - review was done in December 2009; According to Council Policy 100- 03 Mayor Sloan so ordered to agendize the City Manager performance review and also ordered to agendize a revision to Council Policy 100 -03 to reflect the need to have a consensus (majority) of the Council to place an item on the agenda. COUNCIL ITEMS There were no items for consideration. CONSENT CALENDAR Levitt moved, second by Antos, to approve the recommended actions on the Consent Calendar as amended except for items "J" and "K" pulled for separate consideration. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried A. Approved the Minutes of Adjourned and Regular City Council Meeting of April 26, 2010. B. Approved the Demands on Treasury. Warrants: 82461 -82609 $693,512.71 Year -to -Date: $31,936,827.16 Payroll: Direct Deposits & Checks $265,695.52 Year -to -Date: $6,258,593.91 Year -to -date am actual cash disbursements and do not reflect actual expenditures due to year -end accruals. C. Adopted Resolution No. 6004 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGET AMENDMENT NO. 10 -11 -01 TO APPROPRIATE FUNDING TO TRANSFER FUNDS FROM THE CAPITAL IMPROVEMENT BUDGET TO THE GENERAL FUND ". (agenda item "I ") D. Adopted Resolution No. 5997 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN, AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR STREET LIGHTING DISTRICT NO. V and Adopted Resolution No. 5998 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO. V and Adopted Resolution No. 5999 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO. 1, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON ". Page 4 - City Council 05/10/10 E. Accepted the resignation of John Larson on the Planning Commission - District Two; declared the position vacant; and directed the City Clerk to post the notice of special vacancy for the required ten day period. F. Adopted Ordinance No. 1595 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE MUNICIPAL CODE BY REPEALING SECTION 28- 2317.D OF THE SEAL BEACH MUNICIPAL CODE ELIMINATING HEIGHT VARIATIONS FOR NON - HABITABLE ARCHITECTURAL FEATURES EXCEPT IN ZONING DISTRICT III; AND ADDING SECTION 28 -509 TO MAINTAIN CERTAIN HEIGHT VARIATIONS FOR NON- HABITABLE ARCHITECTURAL FEATURES IN ZONING DISTRICT III (SURFSIDE COLONY) - ZONE TEXT AMENDMENT 10 -2) ". The City Attorney read the title for the record. G. Adopted Resolution No. 6000 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A SETTLEMENT AGREEMENT BETWEEN SEAL BEACH ON THE ONE HAND, AND BP WEST COAST PRODUCTS LLC AND ATLANTIC RICHFIELD COMPANY ON THE OTHER HAND ". (Lampson Avenue Sewer Replacement Project No. SWO901 - 12800 Seal Beach Boulevard contaminated soil clean -up - reimbursement amount of $945,000) H. Adopted Resolution No. 6001 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AMENDING THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SEAL BEACH AND DUDEK ". (Environmental Consultant Services (ARCO contamination issue) - Amendment No. 2 - increase the "not -to- exceed" amount to $255,000 Arco will reimburse the City 100% of the cost.) Adopted Resolution No. 6002 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL CHANGING THE NAME OF BEVERLY MANOR ROAD TO NORTH GATE ROAD WITHIN THE CITY OF SEAL BEACH AND TAKING OTHER ACTIONS AS REQUIRED BY LAW ". J. Item pulled for separate consideration. *J. 2010 Street Tree Master Plan (Citywide) - Adopt Resolution No. 6003 approving RMA International Inc. for $56,810 to prepare a citywide street tree master plan. (Budget Amendment No. 10- 11 -01) K. Item pulled for separate consideration. *K. Water Resources Development Act (WRDA) Federal Grant - Authorize the Mayor to sign the grant application to be submitted to the offices of both U.S. Senators Feinstein and Boxer requesting funds for 2 projects for the City of Seal Beach - Storm Drain Improvements (citywide) and East Beach Nourishment. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "J" / RESOLUTION NO. 6003 / 2010 STREET TREE MASTER PLAN / RMA INTERNATIONAL INC. Councilman Miller pulled this item and stressed that the areas (tree species, bulb -outs, tree removal policy, trimming frequency, role of Tree Advisory Board) discussed at the study session (January 19th) be incorporated in the plan. Councilman Antos concurred. Miller moved, second by Antos, to adopt Resolution No. 6003 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH RMA INTERNATIONAL, INC. FOR THE 2010 STREET TREE MASTER PLAN IN THE AMOUNT OF $56,810 ". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page-5 City Council 05/10/10 ITEM "K" / WATER RESOURCES DEVELOPMENT ACT (WRDA) FEDERAL GRANT APPLICATION Councilman Miller pulled this item to inquire about the matching funds ($18 million for storm drain project and $1 million for the Beach Nourishment project) indicated in the application and what would the funds be used for in the beach nourishment request. Response: it is unlikely that any of the projects will be funded - Council has been supportive of staff going after any grant monies - if the City received funds for the beach nourishment project it would be used in the next cycle. Miller moved, second by Antos, to authorize the Mayor to sign the grant applications requesting funds for 2 projects for the City of Seal Beach - Storm Drain Improvements (citywide) and East Beach Sand Nourishment. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING There were no items. UNFINISHED /CONTINUED BUSINESS There were no items. NEW BUSINESS There were no items for consideration. ADJOURNMENT With no objections the Mayor adjourned the City Council meeting at 8:00 p.m. to Monday, June 14, 2010 at 6:00 p.m. to meet in closed session, if deemed necessary. (By action of the City Council on January 11, 2010 the regularly scheduled City Council meeting for May 24, 2010 was cancelled.) City Clerk City of Seal Beach Approved: Attest: Mayor City Clerk NOTICE: The following document has not been approved for accuracy and may be corrected, modified or amended before final approval. Because it is being made available prior to final action, it should not be considered a hue record of the meeting. It is not the official Minutes of the City Council or RDA Board meeting, and cannot be retied on or used as an official record of the proceedings. Although the City of Seal Beach makes every effort to see that proper notes are taken at a meeting, and although draft Minutes are generaW approved as submitted, changes and corrections are sometimes made before a final version is approved. The City therefore makes no warranty, expressed or implied, as to the contents of this document. Once Official Minutes have been approved, a copy can be obtained from the City Clerk