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HomeMy WebLinkAboutCC AG PKT 2010-11-08 #A AGENDA STAFF REPORT DATE: November 8, 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 Seal Beach City Council adjourned and regular meeting of October 25, 2010. BACKGROUND: None FINANCIAL IMPACT: None RECOMMENDATION: Approve minutes for Seal Beach City Council adjourned and regular meeting of October 25, 2010. SUBMITTED BY: NOTED AND APPROVED: AIL me in .a Devine, ity Clerk David Carmany)City Manager Attachments: A. Minutes Agenda Item A Seal Beach California October 25, 2010 Mayor Sloan called the adjourned meeting of the Seal Beach City Council to order at 5:00 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 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); 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); 2) CITY OF SEAL BEACH v. BAY CITY PARTNERS LLC - Orange County Superior Court (Case No. 30 -2009 00305309); item "C" - conference with labor negotiator - Govemment Code §54957.6 - police officer and police management associations; and item "D" - public employment evaluation - Government Code §54957 - City Manager. Mayor Sloan recessed the closed session at 6:45 p.m. and reconvened at 8:50 p.m. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjoum at 9:23 p.m. and reconvened the regular Council meeting - The City Attorney reported that the City Council gave direction regarding items "A" and "B" listed on the agenda - there was no other reportable action taken. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2 - City Council 10/25/10 Seal Beach California October 25, 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 the Color Guard - Young Marines from the Seal Beach Naval Weapons Station lead the Salute to the Flag. ROLL CALL Present: Mayor Sloan; Council Members: Antos, Levitt, Miller, Shanks City Staff: David Carmany, City Manager Quinn Barrow, City Attorney Chief Jeff Kirkpatrick, Seal Beach Police Department Jill Ingram, Assistant to the City Manager Sean Crum by, Director of Public Works Robbeyn Bird, Director of Administrative Services/Treasurer Mark Persico, Director of Development Services Chief Joe Bailey, Seal Beach Marine Safety/Lifeguard Department Battalion Chief Dan Hanson - OC Fire Authority Representative Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Items pulled from consent calendar - Shanks pulled items "G" & "K "; Miller pulled items "1-1", "K ", "N ", and "O ". Shanks moved, second by Antos, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS * Proclamation Red Ribbon Week - Southeast County Young Marines Mayor Sloan read the proclamation and presented it to a representative of the Young Marines. ORAL COMMUNICATIONS Mayor Sloan declared Oral Communications to be open. Speakers: Amalie Almasy, Heron Circle, stated that the residents of Heron Pointe should not be responsible for the slope erosion; Erik Dreyer Goldman, president - SB Chamber, announced upcoming events and stated the Chambers position on items "A' - "B "- "L" "P "; Anne Seifert, Golden Rain Road, referred to the Council Policy regarding rules of decorum and asked the Mayor to give the Councilman a warning for making statements at the last meeting that she considered political; Joyce Parque, 6th Street, reminded everyone of the election next week and taxpayers can make a change - Council is not protecting the residents; Seth Eaker, 13th Street, thanked the candidates for attending the chamber breakfast and expressed his support on item "B "; Ellery Deaton, 4th Street, stated how successful the Founder's Day events were; Schelly Sustarsic, Candleberry Avenue, said she supports item "A" and the Recreation and Parks Commission made the best recommendation at the time and would consider all possible sites for the community pool; and Enea Ostrich, Camelia Street, expressed her concern regarding the issue of drugs in College Park East and the attempts of bikes being stolen in her neighborhood - would like her councilman to hold a town hall meeting regarding this issue. There were no other speakers - Mayor Sloan declared Oral Communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report given. Page - 3 City Council 10/2510 CITY MANAGER REPORT David N. Carmany, City Manager The City Manager announced a meeting regarding ARCO issue will be held on Thursday the 28th at 6:00 p.m. COUNCIL COMMENTS Mayor Pro Tem Levitt requested to have the flood channel along Westminster Avenue checked - this is an urgent matter; Councilman Shanks requested to have a quote as to the cost to resurface the 3 McGaugh tennis courts and the basketball courts at Marina Park and clarified that he stated the contractor /builder of the homes in Heron Pointe should be responsible for correcting the sliding problem not the residents; and Mayor Sloan stated there was a fire in Leisure World and he was not notified, and has asked to be notified of any future incidents. COUNCIL ITEMS ITEM "A" / SEAL BEACH COMMUNITY SWIMMING POOL ALTERNATIVE SITE (Miller) The Assistant to the City Manager provided a brief review of the request from Councilman Miller to draft a letter from the Mayor requesting a meeting with Captain Auberry, Seal Beach Naval Weapons Station (SBNWS), to discuss the possibility of locating a community pool at the SBNWS - a revised proposal was provided by Councilman Miller (copies were provided at the dais) and Councilman Miller had asked to discuss the formation of a SBNWS Community Swimming Pool Site Advisory Committee. Councilman Miller indicated that a constituent, Patty Campbell, had asked him to explore the issue of locating a community pool at the SBNWS and that an advisory committee could also review all possible sites for a pool - this would include the tennis center. Other Council comments: Will support sending a letter to explore the SBNWS as a possible site for the pool, but not forming a committee; there are higher priorities that Council has directed staff to deal with (Local Coastal Plan and Housing Element); duties of the Recreation and Parks Commission is to make recommendations to Council regarding recreation facilities and programs; the initial meeting with SBNWS can be with 2 council members and staff representative; until there is a response from the letter, Council should not take any other action. Shanks moved, second by Miller, to send a letter to the Seal Beach Naval Weapons Station requesting a meeting to discuss the possibility of locating a community swimming pool on their property. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "B" / RESOLUTION NO. 6070 / MAIN STREET SPECIFIC PLAN (MSSP) UPDATE ADVISORY COMMITTEE / POSSIBLE CODE AMENDMENTS (Antos) The Director of Development Services gave a brief staff report outlining the request to form a MSSP Update Advisory Committee and the proposed make -up of the committee (9 members - 5 residents and 4 business community members) and the issues to review (mix use - alcohol licenses - A -Frame signs - general parking issues). The Director also indicated that there is a need for direction from Council regarding amending the MSSP to ensure that commercial uses are compatible with adjacent residential uses - this issue could be addressed by the Planning Commission. Antos moved, second by Shanks, to extend the recessed closed session to 9:00 p.m. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 4 - City Council 10/25/10 Councilman Antos responded to the staff report that there is no need to form a MSSP committee and the issues could be dealt with by the existing General Plan /Local Coast Program Committee and with regard to the definition of "enclosed" in reference to the issue of commercial buildings - the definition is in the dictionary. Other Council comments: there is no need to form more committees; wait until after the election; need clarification as to the need to address the definition of "enclosed" - the City Attorney stated that legally there is a need for a expanded definition of "enclosed" that would address more than 4 walls with windows and doors - example would be a large roll up door for delivery. Antos moved, second by Shanks, to refer the issues regarding the MSSP to the AdHoc General Plan /Local Coastal Program Citizens Advisory Committee. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Antos moved, second by Shanks, to refer to the Planning Commission the issue of defining "enclosed" to ensure that commercial uses are compatible with adjacent residential uses. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "C" / SEAL BEACH LOCAL COASTAL PROGRAM (LCP) / TIMELINE (Antos) Shanks moved, second by Levitt, to receive and file the report giving the timeline for preparation of the Seal Beach Local Coastal Program. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR Antos moved, second by Miller, to approve the recommended actions on the consent calendar except for items "G ", "H ", "K ", "N ", and "0" pulled for separate consideration. The City Attorney read the title of Ordinance 1591 (item "J ") for the record and indicated that item "Q" will set, by Resolution No. 6076, the public hearing for November 8, 2010 to adopt Ordinance No. 1600 (adopt by reference the 2010 Building and Safety Codes). AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried D. Approved the Minutes of Adjoumed and Regular Seal Beach City Council Meeting of October 11, 2010. E. Approved the Demands on Treasury. Warrants: 84937 -85123 $1,646,428.69 Year -to -Date: $19,950,561.24 Payroll: Direct Deposits & Checks $263,742.34 Year -to -Date: $2,350,289.17 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. F. Received and filed the Monthly Investment Report: September 2010. G. Pulled for separate consideration. (Shanks) G. Budget Amendment - Adopt Resolution No. 6071 approving Budget Amendment No. 11 -04 -02 (item I) for Fiscal Year 2010/2011 Budget. Page - 5 City Council 10/2510 H. Pulled for separate consideration. (Miller) *H. Vehicle Replacement and Fund Accounting Principles Report - Receive and file. I. Directed the City Manager to pursue replacement of the collateral used for the private placement bond for the construction of Fire Station No. 48. • (Budget Amendment No. 11 04 - 02) J. Waived further reading and adopted Ordinance No. 1591 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 7.05 OF THE SEAL BEACH MUNICIPAL CODE TO PROHIBIT DOGS AND OTHER ANIMALS IN CERTAIN CITY PUBLIC PARKS ". K. Pulled for separate consideration. (Miller and Shanks) 'K. Municipal Code: Title 11 - Zoning — Waive further reading and adopt Ordinance No. 1598 amending the Seal Beach Municipal Code by • adopting Title 11 (Zoning), and adopting Zone Change 10 -2 (Zoning Map). L. Adopted Resolution No. 6072 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING CALIFORNIA OFFICE OF TRAFFIC SAFETY SOBRIETY CHECKPOINT MINI -GRANT PROGRAM MONIES VIA THE REGENTS OF THE UNIVERSITY OF CALIFORNIA SCHOOL OF PUBLIC HEALTH, BERKELEY". (2010 /2011 funding amount of $62,986) M. AVOID the 26 DUI Enforcement Grant - Adopted Resolution No. 6073 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING CALIFORNIA OFFICE OF TRAFFIC SAFETY "AVOID THE 26" DRIVING UNDER THE INFLUENCE CAMPAIGN PROJECT PROGRAM MONIES VIA THE CITY OF ANAHEIM ". (Memorandum of Understanding with the State of California and indicate an understanding that the City of Anaheim will serve as the applicant/fiscal agent.) N. Pulled for separate consideration. (Miller) *N. Lampson Avenue Well Phase 11 - Offsite Water and Sewer Pipe Project No. WT0903 - Adopt Resolution No. 6074 declaring work to be completed per contract, file a Notice of Completion with the Orange County Recorder, and release retention funds to Kana Pipeline, Inc. O. Pulled for separate consideration. (Miller and Antos) 'O. Eisenhower Park Restroom Project No. PRO901 - Reject all bids and authorize to re- advertise the project for future bidding. P. Adopted Resolution No. 6075 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONTRACT FOR 2010 ANNUAL SLURRY SEAL PROJECT NO. ST1006 ". (American Asphalt South, Inc. - $100,642) Q. Introduced first reading of Ordinance No. 1600 adopting by reference the 2010 Building and Safety Codes and adopted Resolution No. 6076 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL SETTING A PUBLIC HEARING TO CONSIDER AMENDING THE SEAL BEACH MUNICIPAL CODE TITLE 9 (PUBLIC PROPERTY, PUBLIC WORKS AND BUILDING REGULATIONS) CHAPTER 9.60 (BUILDING CODES) FOR NOVEMBER 8, 2010 AT 7:00 P.M." With no objections the Mayor called for a recess at 8:25 p.m. and reconvened the meeting at 8:33 p.m. Page 6 - City Council 10/25/10 ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G" / RESOLUTION NO. 6071 / BUDGET AMENDMENT NO. 11 -04 -02 (Shanks) Shanks moved, second by Sloan, to adopt Resolution No. 6071 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET AMENDMENT NO. 11 -04 -02 REVISING THE FISCAL YEAR 2010/11 BUDGET ". (item I) AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "H" / VEHICLE REPLACEMENT AND FUND ACCOUNTING PRINCIPLES REPORT (Miller) The Director of Administrative Services provided a powerpoint presentation on the vehicle replacement and the fund accounting principles. Councilman Miller asked to have a list of either the license numbers or VIN of all the vehicles purchased for his records - reason for replacement of the vehicles - how are the vehicles purchased (response: use the State bid list - most efficient) - what is done with the old vehicles (response: goes to auction and the proceed are put in the vehicle fund) - requested all purchases be approved by Council. Levitt moved, second by Antos, to receive and file the report. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "K" / ORDINANCE NO. 1598 / MUNICIPAL CODE: TITLE 11 - ZONING (Miller and Shanks) Councilman Shanks indicated he will not approve the ordinance. Councilman Miller inquired about a schedule /timeline as to when the individual issues for each district will be considered - The Director of Development Services responded this issue will need to be discussed neighborhood by neighborhood (community meetings) and at this time Council has given priority to having the Local Coastal Program and Housing Element completed - this would mean that the process (community meetings) will start in late 2011. Miller moved, second by Antos, to waive further reading and adopt Ordinance No. 1598 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY ADOPTING TITLE 11 (ZONING) AND ADOPTING ZONE CHANGE 10 -2 (ZONING MAP) ". The City Attorney read the title for the record. AYES: Antos, Levitt, Miller, Sloan NOES: Shanks Motion carried ITEM "N" / RESOLUTION NO. 6074 / NOTICE OF COMPLETION / LAMPSON AVENUE WELL PHASE II - OFFSITE WATER AND SEWER PIPE PROJECT NO. WT0903 (Miller) Councilman Miller provided photos of 2 resurfaced streets and it was clarified that the increase in costs were due to change orders for unforeseen problems. Miller moved, second by Antos, to adopt Resolution No. 6074 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR LAMPSON AVENUE WELL PHASE II — OFFSITE WATER AND SEWER PIPE PROJECT NO. WT0903 ". (Kana Pipeline, Inc. - total cost $852,655) AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page - 7 City Council 10/2510 ITEM "O" / EISENHOWER PARK RESTROOM PROJECT NO. PRO901 / REJECT ALL BIDS (Miller) It was clarification that after all bids were reviewed the scope of work and the amount budgeted for project needs to be adjusted. Miller moved, second by Antos, to reject all bids and authorized to re- advertise the project for future bidding. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "R" / ORDINANCE NO. 1601 / AMEND MUNICIPAL CODE SECTION 9.65 / RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE/ RESOLUTION NO. 6077 / SET FEES FOR PROGRAM Mayor Sloan stated this was the time and place for a public hearing for the consideration of: Seal Beach Municipal Code Title 9 (Public Property, Public Works and Building Regulations - Introduce Ordinance No. 1601 amending Section 9.65 - Recycling and Diversion of Construction and Demolition Waste and adopt Resolution No. 6077 setting fees for the program. Mayor Sloan opened the public hearing. There were no speakers Mayor Sloan declared the public hearing continued to the November 8, 2010 Council meeting. UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. RECESS REGULAR CITY COUNCIL MEETING Mayor Sloan recessed the City Council meeting at 8:42 p.m. to the Seal Beach Redevelopment Agency Meeting. RECONVENE CITY COUNCIL MEETING Mayor Sloan reconvened the City Council meeting at 8:46 p.m. and recessed to closed session. The Mayor reconvened the regular Council meeting at 9:23 p.m. - The City Attorney reported that the City Council gave direction regarding items "A" and "B" listed on the agenda - there was no other reportable action taken. ADJOURNMENT With no objections the Mayor adjourned the City Council at 9:24 p.m. to Monday, November 8, 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 NOTICE: • The following document has not been approved for accuracy and may be correctod,.modified or amended before final. approval. Because It is being made available prior to final action, it should not be considered a true reconi of the meeting. It is not the official Minutes :of the City Council or RDA Board meeting,' and cannot be relied 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 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. i.'