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Home My WebLink AboutCC AG PKT 2010-10-11 #C Seal Beach Califomia September 13, 2010 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 Absent: Councilman Shanks - Excused by order of the Mayor Also present: David Carmany, City Manager Quinn Barrow, City Attorney Linda Devine, City Clerk CLOSED SESSION Mayor Sloan 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 negotiators - Government Code §54956.8; 1) the property generally known as the "DWP" site located westerly of First Street and easterly of the San Gabriel River, Seal Beach (Bay City Partners) and item "B" - conference with legal counsel - existing litigation - Government Code §54956.9(a); 2 cases: 1) BAY CITY PARTNERS LLC v. CITY OF SEAL BEACH - Orange County Superior Court (Case No. 30 -2010 00364556) and 2) CITY OF SEAL BEACH v. BAY CITY PARTNERS LLC - Orange County Superior Court (Case No. 30 -2009 00305309). The City Attorney reported that the City Council gave direction regarding the items listed on the agenda - there was no other reportable action taken. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn at 6:42 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2 - City Council 09/13/10 Seal Beach California September 13, 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 Antos leading the Salute to the Flag. ROLL CALL Present: Mayor Sloan; Council Members: Antos, Levitt, Miller Absent: Councilman Shanks - Excused by order of the Mayor City 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 Marine Safety /Lifeguard Department Battalion Chief John McMaster - OC Fire Authority Representative Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Mayor re- ordered the agenda to have item "G" considered after Oral Communications and the City Manager requested that items "I ", "L ", "0", and "T" be removed and continued to the Council meeting schedule for October 11, 2010. Items pulled from consent calendar - Miller pulled items "K ", "M ", and "R" - also requested to have item "V" be continued to October 11th. Levitt moved, second by Antos, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Sloan NOES: None ABSENT: Shanks Motion carried PRESENTATIONS /RECOGNITIONS 2010 Seal Beach Lifeguard Recognitions Chief Joe Bailey announced the award recipients: Junior Lifeguard Instructor of the Year — Lauren Schoepfer (not present) - Tower Lifeguard of the Year — Jacob Urane - Unit Lifeguard of the Year — Kevin Kinnear. Also present was Lt. Chris Pierce. ORAL COMMUNICATIONS Mayor Sloan declared Oral Communications to be open. Speakers: Carla Watson, Founder's Day chairman, introduced the committee members - each member spoke about the different events planned for the week of celebration and also announced that all the proceeds will be given to the City's Recreation Department; Chris Shaefer, Alzheimer Association OC representative, announced the Fall Memory Walk events at Cal State University, Fullerton and in the City of Huntington Beach and stated some statistics regarding Alzheimer; Ellery Deaton, 4th Street, commented on recent community events and indicated that the City should retain the audio recordings of workshops; Ernie Grandian, 14th Street & Electric Ave., complained about the condition of the basketball and tennis courts at Marina Park and the lack of proper lighting; Laura Herzog, Joint Forces Training Base representative, gave an update on the runway project and encouraged everyone to participate in CERT program; Seth Eaker, 13th Street, spoke about several issues and introduced Esther Kenyan who will be attending the council meetings as the representative of the Seal Beach Chamber; Robert Goldberg, Clipper Way, indicated that he felt the workshops should be video Page - 3 City Council 09/13/10 taped and complained about laserfiche on the website; Mike Buhbe, Central Way, stated he was glad that item "I" regarding the PD memorandum of understanding was continued - need more information on the terms of the MOU's; Joyce Parque, 6th Street, encouraged everyone to vote at the next election if they are unhappy how the City Council is doing - commented on the City Manager and the use of the City credit card, travel, other benefits - managers taking every other Friday off - debts from fire station and pension obligations. There were no other speakers - Mayor Sloan declared Oral Communications closed. • With no objections the Mayor called for a recess at 7:50 p.m. and reconvened the meeting at 7:58 p.m. • ITEM "G" / ENVIRONMENTAL QUALITY CONTROL BOARD / CITY TREE ADVISORY BOARD • Mayor Sloan requested this item be re- ordered to introduce John Venton, the appointee to EQCB for District 2 - requested the City Clerk send a letter of appreciation to Ron Bennett and Jane McCloud for their service on CTAB. Antos moved, second by Miller, to ratify the appointment of John Venton as the District 2 representative on the EQCB and accept the letters of resignation from Ron Bennett and Jane McCloud as members of CTAB. AYES: Antos, Levitt, Miller, Sloan NOES: None ABSENT: Shanks • Motion carried CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report given. • CITY MANAGER REPORT David N. Carmany, City Manager City Manager indicated that Councilman Antos requested that he address provisions in item 1" - Memorandum of Understanding with the Seal Beach Police Department officer and management groups (this item was removed from the agenda and continued to the October 11, 2010 meeting). COUNCIL COMMENTS Councilman Miller requested two future agenda items: 1) a letter from the City addressed to Captain Terry Auberry, SBNWS Commander, regarding the possibility of leasing land from the Seal Beach Naval Weapons Station (SBNWS) for a community pool and have a committee to explore the possibility and 2) the cost of implementing video streaming of Council meetings through the Internet and have the agendas on the website so the public can access staff reports and back up material - repeated his concerns regarding the City Manager's salary, estimated costs in the 2009 MOU's, vehicle replacement program not defined, and the City Charter provision that the City Manager is required to properly administer his duties; which includes answering questions from City Council Members - demand transparency and a new city manager; Councilman Antos asked the City Manager to explain to the public about the meeting with the Coastal Commission staff regarding the City's Local Coastal Plan - requested that the City Manager look into the condition of the Marina Park basketball courts and lighting; and Mayor Pro Tem Levitt indicated that in light of the San Bruno gas explosion he would like the City Manager to make sure that the gas vault on North Gate Road has been safety checked. COUNCIL ITEMS ITEM "A" / RETENTION OF AUDIO RECORDINGS OF COUNCIL STUDY • SESSIONS/WORKSHOPS (Miller) The City Clerk indicated that the audio tapes of the meetings are used for transcription purposes and the staff report is self explanatory. Council comments included the need to retain the recordings in order to review the discussions. Page 4 - City Council 09/13/10 • Miller moved, second by Antos, to change the retention of only the Council • workshop /study session audio recordings to 4 years. AYES: Antos, Levitt, Miller, Sloan NOES: None ABSENT: Shanks Motion carried ITEM "B" /COST TO CITY OF SEAL BEACH / "RULE OF LAW CITY" (Antos) Chief of Police summarized the staff report as to the amount of training to the officers as well as the cost (approximately $250,000) for the training in order to be qualified to implement the "Rule of Law City" requirements. Antos moved, second by Miller, to receive and file the report. AYES: Antos, Levitt, Miller, Sloan NOES: None • ABSENT: Shanks 'Motion carried CONSENT CALENDAR Antos moved, second by Miller, to approve the recommended actions on the consent calendar except for items "I ", "L ", "0", "T ", and "V" removed and continued to October 11, 2010 and items "K ", "M ", and "R" pulled for separate consideration. AYES: Antos, Levitt, Miller, Sloan NOES: None ABSENT: Shanks Motion carried C. Approved Minutes of Adjourned and Regular Seal Beach City Council Meeting of August 9, 2010. D. • Approved Demands on Treasury. Warrants: 84007 -84542 $6,453,843.68 Year -to -Date: $14,939,047.23 Payroll: Direct Deposits & Checks $593,943.26 Year -to -Date: $1,516,031.67 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. E. Received and filed the monthly Investment Report: July 2010. F. Adopted Resolution No. 6052 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET AMENDMENT NO. 11- 03-01 REVISING THE FISCAL YEAR 2010/11 BUDGET ". (items M, N, and S) G. .Re- ordered - considered after Oral Communications. • G. Environmental Quality Control Board - City Tree Advisory Board - Ratify the appointment to the EQCB (District 2) and accept the resignations of two members of the CTAB. • H. Adopted Resolution No. 6053 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE AGREEMENT BETWEEN THE CITY AND COMPLETE PAPERLESS SOLUTIONS FOR ANNUAL LASERFICHE SOFTWARE SERVICE MAINTENANCE ". (3 years - annual cost of $12,500) I. Removed and continued to the October 11, 2010 Council Meeting. `l. Memorandum of Understanding (MOU) with Seal Beach Police Officers Association and Seal Beach Police Management Association - Adopt Resolution No. 6054 approving MOU's and . enumerating classification and compensation as of July 1, 2010. (Budget Amendment No. 11- 03 -01) Page - 5 City Council 09/13/10 J. Adopted Resolution No. 6055 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REGARDING THE SECOND AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT FOR 3101 NORTH GATE ROAD WITH STC ONE LLC ". (Sprint/Clearwire - formerly 2300 Beverly Manor Road) K. Pulled for separate consideration. (Miller) *K. Lease Agreement with Orange County Fire Authority for use of Fire Stations #44 and #48 - Adopt Resolution No. 6056 authorizing lease agreement for station #44 (Old Town) and adopt Resolution No. 6057 authorizing lease agreement for station #48 (North Gate Road). L. Removed and continued to the October 11, 2010 Council Meeting. *L. - Municipal Code: Title 7 (Public Peace, Morals, and Welfare) - Introduce Ordinance No. 1591 amending Chapter 7.55.010 (Park Use Restriction) prohibiting dogs or other animals in certain City public parks and schedule for adoption at the next City Council meeting. (Continued from 08 -09 -10 Council meeting) M. Pulled for separate consideration. (Miller) • *M. State of California Office of Administrative Hearings (OAH) - Adopt Resolution No. 6058 approving a professional services agreement for OAH to act as the appellate body for the City's Administrative Citations. (Budget Amendment No. 11- 03 -01) N. Accepted grant funds in the amount of $1,000 from Target Stores of America - "Target & Blue Grant" funds will be used for the Police Explorer program and the VIPS program. (Budget Amendment No. 11 03 - 01) O. Removed and continued to the October 11, 2010 Council Meeting. *O. Beverly Manor Road Paving Project ST0903 - Adopt Resolution No. 6059 declaring work to be completed per contract, file a Notice of Completion with the Orange County Recorder, and release retention funds to Tyner Paving Company. (Budget Amendment No. 11- 03 -01) P. Adopted Resolution No. 6060 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR TRAFFIC SIGNAL UPGRADES PROJECT NO. ST1008 -A ". (Republic Intelligent Transportation Services, Inc.) Q. Approved the plans and specifications for Annual Slurry Seal Project No. ST1006 and authorized solicitation for bids. R. Pulled for separate consideration. (Miller) *R. Seal Beach Boulevard Realignment Project No. ST49750 - Approve the plans and specifications for the realignment project from St. Cloud to Old Ranch Parkway and authorize solicitation for bids. S. Adopted Resolution No. 6061 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES IN CONNECTION WITH NEW 12" WATER LINE IN THE ORANGE COUNTY FLOOD CONTROL DISTRICT EASEMENT- ADOLFO LOPEZ DRIVE PROJECT NO. WT0901 ". (AKM Engineers in the amount of $50,100) (Budget Amendment No. 11- 03 -01) Page 6 - City Council 09/13/10 T. Removed and continued to the October 11, 2010 Council Meeting. 'T. Seal Beach Senior Transportation Services - Adopt Resolution No. 6062 awarding the contract to Westem Transit Systems in the amount of $90,450. U. Adopted Resolution No. 6063 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR UNDERGROUND STORAGE TANK SOIL AND WATER MONITORING AND REPORTING SERVICES TO FREY ENVIRONMENTAL INC." (Frey Environmental Inc. in the amount of $7,688.50 for continued remediation efforts as well as County required monitoring and reporting for two 5,000 gallon underground storage tanks that contained both diesel and unleaded gasoline.) V. Removed and continued to the October 11, 2010 Council Meeting. (Miller) •V. College Park East Paving Rehabilitation Summary Report - Receive and file. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM •'K" / RESOLUTION NUMBERS 6056 & 6057 / ORANGE COUNTY FIRE AUTHORITY / LEASE AGREEMENT / FIRE STATION #44 AND #48 Councilman Miller pulled this item - Dennis Sorenson, OCFA management analyst, was present to answer any questions - main concern was the community room and when it would be available for use by•the public - City Manager indicated that there will be an item on the next agenda that would request • approval to purchase furniture and other items for the community room as well as the NPDES required tank cover. Miller moved, second by Antos, to adopt Resolution No. 6056 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A LEASE AGREEMENT FOR FIRE STATION #44 BETWEEN THE CITY OF SEAL BEACH AND ORANGE COUNTY FIRE AUTHORITY" (Old Town) and adopt Resolution No. 6057 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A LEASE AGREEMENT FOR FIRE STATION #48 BETWEEN THE CITY OF SEAL BEACH AND ORANGE COUNTY FIRE AUTHORITY" (North Gate Road). • AYES: Antos, Levitt, Miller, Sloan NOES: None ABSENT: Shanks Motion carried ITEM "M" / RESOLUTION NUMBER 6058 / STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS Councilman Miller pulled this item - it was clarified this agreement was previously approved by the City Council and was on the agenda for a budget amendment - Administrative Citations is in the 2004 Municipal Code as tool for code enforcement but was not implemented until 2010 - this would streamline the process and is less costly than council hearing with attorney fees for both sides. Miller moved, second by Levitt, to adopt Resolution No. 6058 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS (OAH) TO PROVIDE HEARING OFFICER SERVICES ". (appellate body for the City's Administrative Citations) (Budget Amendment No. 11- 03 -01) AYES: Antos, Levitt, Miller, Sloan NOES: None ABSENT: Shanks Motion carried Page - 7 City Council 09/13/10 ITEM "R" / SEAL BEACH BOULEVARD REALIGNMENT PROJECT NO. ST49750 / PLANS AND SPECIFICATIONS Councilman Miller pulled this item - was clarified that this project is needed due to the 405 bridge project and needs to begin before the funding for this work would expires (November 2010) - no eucalyptus trees will be removed and the palm trees will be relocated - other issues were stated. Miller moved, second by Antos, to approve the plans and specifications for Seal Beach Boulevard Realignment Project No. ST49750 St. Cloud to Old Ranch Parkway and authorize the solicitation for bids. AYES: Antos, Levitt, Miller, Sloan NOES: None ABSENT: Shanks Motion carried PUBLIC HEARING No items at this time. UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. ADJOURNMENT With no objections the Mayor adjourned the City Council at 9:06 p.m. to Monday, October 11, 2010 at 6:00 p.m. to meet in closed session, if deemed necessary. (By action taken by the City Council on January 11, 2010 the regular City Council meeting scheduled for September 27, 2010 was cancelled.) City Clerk City of Seal Beach Approved: Mayor Attest: 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 true record of the meeting. It is not the official Minutes of the City Council or ROA Board meeting, and cannot be felled 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 generally 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 _ •