Loading...
HomeMy WebLinkAboutCC AG PKT 2011-02-14 #B AGENDA STAFF REPORT DATE: February 14, 2011 TO: Honorable Mayor and City Council THRU: Patrick P. Importuna, 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 joint regular meeting of December 13, 2010 - adjourned and regular meeting of January 10, 2011 - adjourned meeting of January 17, 2011 - adjourned meeting of February 1, 2011 - adjourned meeting and study session of February 7, 2011. BACKGROUND: None FINANCIAL IMPACT: None ANALYSIS: None RECOMMENDATION: Approve minutes for Seal Beach City Council adjourned and joint regular meeting of December 13, 2010 - adjourned and regular meeting of January 10, 2011 - adjourned meeting of January 17, 2011 - adjourned meeting of February 1, 2011 - adjourned meeting and study session of February 7, 2011. S - BMITTED B • NOTED AND APPRO D: A Lai Are", ArJ - 1L I I 1 O Lin • a Devine, City Clerk 'trick P. Importuna 4 i nager Agenda Item B Seal Beach California December 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, Shanks Also present: David Carmany, City Manager Quinn Barrow, City Attorney Linda Devine, City Clerk 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. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda: Item "A" - 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) and Item "B" - conference with legal counsel - anticipated litigation - Government Code §54956.9(bc): 1 case. The City Attorney stated that no reportable action taken. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn at 6:34 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2 - City Council 12/13/10 Seal Beach California December 13, 2010 The City Council, Public Financing Authority, and Redevelopment Agency of the City of Seal Beach met in joint 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, Shanks 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 Chief Joe Bailey, Seal Beach Lifeguard Department Ed Fleming, Division Chief OCFA Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Items pulled from consent calendar - Miller pulled items "G" and Shanks pulled items "E ", "I ", "J ", and "Q ". Shanks moved, second by Miller, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Mayor Sloan introduced Mitch Ward, Councilman from the City of Manhattan Beach, who made a few comments regarding how pleased they are in hiring David Carmany as their new City Manager. PRESENTATIONS /RECOGNITIONS xy Mayor and City Council Recognition of Members of Boards * Commissions * Committees Mayor Sloan thanked all members of the various Boards, Commissions, and Committees for the City. The Mayor proceeded to hand out certificates to members in District 2; the other Council Members took turns in recognizing members for their districts: Mayor Pro Tem Levitt - District 5; Councilman Antos - District 1; Councilman Shanks - District 3; and Councilman Miller - District 4. With no objections, Mayor Sloan recessed the meeting at 7:18 p.m. for a short reception in the City Hall Courtyard and reconvened the meeting at 7:35 p.m. ORAL COMMUNICATIONS Mayor Sloan declared Oral Communications to be open. Speakers: Raul Alvarez, Americana Awards - Cypress College Foundation, announced Seal Beach resident Jim Caviola as Seal Beach Citizen of the Year and invited everyone to attend the awards dinner on February 26th; Esther Kenyon, Seal Beach Chamber of Commerce, stated the chambers stance on items A - R - U; Kara Ethridge, Association of California Cities - Orange County, requested the council to continue item J in order for the executive director to be present to better answer any questions regarding the formation of Association Of California Cities - Orange County (AOCC -OC); Ernie Gananden, restated his concerns about the Marina Park basketball courts; Ellery Deaton, 4th Street, thanked council for the recognition ceremony - commented on the City Manager's tenure and offered suggestions on the selection of a new city manager; Jack Dampman, Bayside Drive, asked council to reconsider the Western Transit agreement - not • Page - 3 City Council 12/13/10 appropriate to subsidize seniors for their transportation - this should be the function of families and friends - too costly; Robert Goldberg, Clipper Way, provided a handout regarding item E and the cost for senior busing program - should look at other options; Seth Eaker, 13th Street, announced the T -shirt contest for the 2011 5K -10K run - the deadline is January 14th - eligible contestants include any child living in Seal Beach or attending Los Alamitos schools; Mike Buhbe, Central Way, stated that the council should take care in hiring a new city manager and to study the dial -a -ride program - appears to be like the "Beach Buggy" program (service not needed and costly). CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney The City Attorney wished everyone a happy and safe holiday. CITY MANAGER REPORT David N. Carmany, City Manager The City Manager thanked the entire Seal Beach community for the privilege to serve as City Manager. COUNCIL COMMENTS All Council members wished everyone a Merry Christmas - Happy New Year - Happy Hanukkah; Councilman Antos inquired about the cable classes (advertised); Mayor Pro Tem Levitt requested to re- agendize the dial -a -ride program - consider other alternatives to transport seniors for medical purpose - requested an ordinance to regulate `barking dogs"; Councilman Shanks - expressed his concerns regarding kids riding their bikes in Gum Grove Park and setting up ramps and obstacle courses that cause damage to the nature park - requested something be done to prohibit the use of bikes in Gum Grove; and Mayor Sloan stated how responsive the City Manager has been to his requests and wished him the best and will miss him. COUNCIL ITEMS ITEM "A" / RESOLUTION NO. 6083 - 6084 - 6085 / McGAUGH SCHOOL TENNIS COURTS AND MARINA PARK BASKETBALL COURTS (Shanks) The Director of Public Works indicated that the Los Alamitos School District has agreed to pay a portion of the cost to resurface the tennis courts and stated that it is recommended that aluminum backboards be purchased for the basketball courts - the aluminum backboards would withstand the weather conditions better than the tempered glass backboards. After Council comments it was moved by Antos, second by Miller, to adopt Resolution No. 6083 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING A CONTRACT FOR MARINA PARK BASKETBALL COURTS & MCGAUGH SCHOOL TENNIS COURTS RESURFACING" (amount of $17,740.00 to ProSurface - courts resurfacing); Resolution No. 6084 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING A CONTRACT FOR MARINA PARK BASKETBALL COURT HARDWARE" (amount of $2,987.00 to Hondo Company, Inc. - basketball court hardware); and Resolution No. 6085 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING A CONTRACT FOR LIGHTING IMPROVEMENTS AT MARINA PARK" (amount of $4,224.00 to Coast Electric - lighting improvements). (Budget Amendment No. 11 - AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR Shanks moved, second by Levitt, to approve the recommended actions on the consent calendar except for items "E ", "G", "I ", "J ", and "0" pulled for separate consideration. The City Attorney read the title to Ordinance No. 1602 (item "K ") for the record. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 4 - City Council 12/13/10 B. Approved Minutes of Adjourned and Regular Seal Beach City Council Meeting of November 8, 2010 - Seal Beach Public Financing Authority Special Meeting of December 2, 2010 - Regular Redevelopment Agency Meeting of October 25, 2010. (Joint Item - SBPFA & RDA) C. Approved Demands on Treasury. Warrants: 85280 -85805 $2,393,709.30 Year -to -Date: $23,382,796.15 Payroll: Direct Deposits & Checks $842,464.46 Year -to -Date: $3,448,113.24 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. D. Received and filed the Monthly Investment Report: October 2010. E. Removed for separate consideration. (Shanks) "E. Budget Amendment - Adopt Resolution No. 6086 approving Budget Amendment No. 11 -06 -01 (items "A" and "N ") for Fiscal Year 2010/2011 Budget. F. Received and filed the June 30, 2010 Comprehensive Annual Financial Report, Management Letter to City Council and Redevelopment Agency, and Appropriations Limit agreed -upon procedures. G. Removed for separate consideration. (Miller) *G. Seal Beach Public Financing Authority 2011 Wastewater Revenue Refunding Bonds, Series A - Adopt Resolution No. 6087 and Resolution No. PFA 10 -02 approving the refinancing of sewer improvement bonds originally issued in 2000. (Joint Item - SBPFA) H. Adopted Resolution No. 6088 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES AND REPEALING RESOLUTION NUMBER 5802 "; adopted Resolution No. PFA 10 -03 entitled "A RESOLUTION OF THE SEAL BEACH PUBLIC FINANCING AUTHORITY NOTIFYING THE CITY COUNCIL THAT NO REVISIONS ARE REQUIRED TO THE AGENCY'S CONFLICT OF INTEREST CODE"; and adopted Resolution No. 10 -03 entitled "A RESOLUTION OF THE SEAL BEACH REDEVELOPMENT AGENCY NOTIFYING THE CITY COUNCIL THAT NO REVISIONS ARE REQUIRED TO THE AGENCY'S CONFLICT OF INTEREST CODE ". (Joint Item - SBPFA & RDA) I. Removed for separate consideration. (Shanks) 'I. Seal Beach Boards, Commissions, and Committees - Accept the resignation of David Rosenman as a member of the CTAB; appoint Paul Christianson, District 4 representative on the CTAB; and establish a Re- Districting AdHoc Committee. J. Removed for separate consideration. (Shanks) 'J. Proposed Formation of the Association of California Cities — Orange County - Staffs recommendation is that the City continue to support the League of California Cities and the Orange County Division, as they are both currently constituted. Receive and file. K. Adopted Ordinance No. 1602 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE RIVERFRONT REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(C) ". The City Attorney read the title for the record. i Page - 5 City Council 12/13/10 L. Adopted Resolution No. 6089 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REVISING RESOLUTION 5898, REGARDING POLICE PARKING VIOLATION FEES" (recent passing of the 2010 Califomia Budget Act, a new surcharge has been added for parking citations issued on or after December 7, 2010 - amended Govemment Code §76000.3). M. Adopted Resolution No. '6090 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONTRACT FOR EISENHOWER PARK RESTROOMS REMODEL PROJECT NO. PRO901 ". (Unique Performance Construction in the amount of $60,600) N. Adopted Resolution No. 6091 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING A CONTRACT FOR THE FIRE STATION CANOPY BG0803 AND AUTHORIZING PAYMENT TO LEISURE WORLD FOR PAVEMENT RESTORATION ". (Atom Inc. in the amount of $65,359; authorize additional work in an amount not -to exceed $6,535 (10% contingency), if required; and authorize payment to Leisure World in the amount of $55,950 for pavement restoration) (Budget Amendment No. 11 01 - 01) O. Adopted Resolution No. 6092 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE EXECUTION OF THE COOPERATIVE AGREEMENTS WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE SEAL BEACH BOULEVARD AND LAMPSON AVENUE MEDIAN IMPROVEMENTS PROJECTS ". (No. 1813 and No. 1814) P. Adopted Resolution No. 6095 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR 2010 ANNUAL CONCRETE REPAIR PROGRAM PROJECT NO. ST1007 ". (release retention funds to Golden State Constructors, Inc.) Q. Removed for separate consideration. (Shanks) *Q. 2011 Annual Concrete Repair Program ST1107 - Approve plans and specifications for Project No. ST1107 and authorize the solicitation for bids. R. Approved the plans and specifications for the Energy Efficiency Upgrades for City Facilities Project and authorized the solicitation for bids. Energy Efficiency and Conservation Block Grant Program (EECBG) S. Authorized to begin recruitment for the position of Equipment Services Supervisor. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "E" / RESOLUTION NO. 6086 / BUDGET AMENDMENT NO. 11 -06 -01 (Shanks) Councilman Shanks pulled the item to delete the line item regarding the senior bus transportation and bring back to council on January 10th with options and recommendations for the implementation of delivering residents to medical appointments. Councilman Miller stated that this service is needed throughout the City and for more than medical outside city limits and consider changing the age limit - Mayor Pro tem Levitt indicated that the service should include shopping only within the City limits. Levitt moved, second by Shanks, to adopt Resolution No. 6086 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET AMENDMENT NO. 11 -06 -01 REVISING THE FISCAL YEAR 2010/11 BUDGET' deleting the budget appropriation of $89,000 for increase to the Western Transit contract for senior busing. Page 6 - City Council 12/13/10 AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Note: The City Attorney reported that in the Western Transit contract there is a 30 day cancellation provision and recommend that the Council give 30 days notice of termination starting December 14, 2010 and check with Western Transit to see if they will suspend the contract immediately. Mayor Levitt requested the City look into the use of yellow cab service in the interim. JOINT ITEM "G" / RESOLUTION NO. 6087 AND RESOLUTION NO. PFA 10 -02 / SEAL BEACH PUBLIC FINANCING AUTHORITY / 2011 WASTEWATER REVENUE REFUNDING BONDS. SERIES "A" (Miller) The City Manager reported this item is returned to Council because the interest rates are changing and the direction given earlier by Council was to enter into the agreement if the saving was $250,000 - currently the net present value saving would be $233,000. The Director of Administrative Services reiterated what the City Manager stated and would need direction from the Council with a minimum amount of savings the Council would agree to - Mike Cavanaugh and Todd Smith of Southwest Securities Group were present to answer any questions. Councilman Miller received answers to his questions: on the $233,000 the net interest cost of 4.56% and the discount rate is 4.77 %; discount rate is based on by definition an all inclusive cost which accounts for interest rate plus cost of issuance discounted back at a semi - annual rate; upfront cost is $104,000; attachment "G" - payback schedule - pricing schedule (when you price bonds generally there are serial maturities and term bonds) debit service schedule there is level, principal, and interest payment; exhibit "B" under attachment "G" is the current outstanding debit - bonds are sold known as term bonds; need to state the discount rate in the resolution to determine the savings; can make a savings of $17,000 per year; can state a minimum annual savings - minimum total savings - minimum present value savings - whatever the Council is comfortable with. Shanks moved, second by Miller, to adopt Resolution No. 6087 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN FINANCING DOCUMENTS AND DIRECTING CERTAIN RELATED ACTIONS IN CONNECTION WITH REFINANCING CERTAIN IMPROVEMENTS TO THE CITY'S WASTEWATER SYSTEM" - change the amount in Section 3 from $250,000 to $220,000 net present value (discount rate no Tess than 4 %) - City Attorney indicated that staff will make any appropriate changes needed with the change in the amount. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Shanks moved, second by Levitt, to adopt Resolution No. PFA 10 -02 entitled "A RESOLUTION OF THE SEAL BEACH PUBLIC FINANCING AUTHORITY AUTHORIZING THE SALE, ISSUANCE AND DELIVERY OF WASTEWATER REVENUE REFUNDING BONDS AND APPROVING AS TO FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING THERETO AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO" - change the amount in Section 4 from $250,000 to $220,000 net present value (discount rate no Tess than 4 %) - City Attorney indicated that staff will make any appropriate changes needed with the change in the amount. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried With no objections the Mayor called for a recess at 8:55 p.m. and reconvened the meeting at 9:07 p.m. Page - 7 City Council 12/13/10 ITEM "I" / SEAL BEACH BOARDS, COMMISSIONS, AND COMMITTEES (Shanks) Councilman Shanks pulled this item to have a separate vote on the CTAB and Re- districting AdHoc Committee. Shanks moved, second by Antos, to accept the resignation of David Rosenman and ratify the appointment of Paul Christianson, District 4 on the City Tree Advisory Board. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Councilman Shanks commented on the Re- districting AdHoc Committee and suggested to continue this item. Councilman Miller indicated that to comply with the City Charter the Council needs to establish a committee by December and appoint the members when the census data is available. Shanks moved, second by Miller, to establish the Re- district AdHoc Committee and appoint the members when the census data is available. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "J" / ASSOCIATION OF CALIFORNIA CITIES - ORANGE COUNTY (AOCC -OC) (Shanks) Councilman Shanks pulled this item and indicated they need more information. Shanks moved, second by Miller to continue to January 10th council meeting in order for executive director to be present and provide additional information. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "0" / 2011 ANNUAL CONCRETE REPAIR PROGRAM / PROJECT NO. ST1107 (Shanks) Councilman Shanks pulled this item to confirm the list of streets in Bridgeport will be included. The Director of Public Works confirmed that the streets will be included. Shanks moved, second by Antos, to approve the plans and specifications for Project No. ST1107 and authorize the solicitation for bids. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING There were items at this time. UNFINISHED /CONTINUED BUSINESS ITEM 'T' / ORDINANCE NO. 1601 / SEAL BEACH MUNICIPAL CODE / TITLE 9 (PUBLIC PROPERTY, PUBLIC WORKS, AND BUILDING REGULATIONS / SECTION 9.65 RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE The Director of Development Services noted that those existing permits will benefit from the extension period (from 30 days to 180 days). Antos moved, second by Sloan, to adopt Ordinance No. 1601 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING TITLE 9 (PUBLIC PROPERTY, PUBLIC WORKS AND BUILDING REGULATIONS) CHAPTER 9.65 (RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE) TO EXTEND THE DEADLINE TO REQUEST A FEE REFUND" - the City Attorney read the title for the record. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 8 - City Council 12/13/10 NEW BUSINESS ITEM "U" / RESOLUTION NO. 6093 / DECLARE RESULTS OF NOVEMBER 2, 2010 SEAL BEACH GENERAL MUNICIPAL ELECTION The City Clerk indicated that the break down of the votes will be given to the Council in their Friday packets. Antos moved, second by Shanks, to adopt Resolution No. 6093 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010 DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW" - certifying the Orange County canvassed returns of the election results and declare and determine the winners for Council District 1, Council District 3, and Council District 5. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "V" / ORDINANCE NO. 1603 / CALLING FOR RUN -OFF ELECTION / RESOLUTION NO. 6094 / REQUESTING SERVICES OF ORANGE COUNTY - ELECTIONS DEPARTMENT Antos moved, second by Shanks, to adopt Ordinance No. 1603 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A MUNICIPAL RUN -OFF ELECTION TO BE HELD ON TUESDAY, JANUARY 25, 2011 FOR THE ELECTION OF ONE OFFICER AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER" - the City Attorney read the title for the record; adopt Resolution No. 6094 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A MUNICIPAL RUN -OFF ELECTION TO BE HELD ON TUESDAY, JANUARY 25, 2011"; and cancel the January 24, 2011 City Council meeting - the run -off election will be conducted in the Council Chambers. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried OATH OF OFFICE / ELECTED OFFICIALS The City Clerk administered the oath of office to Gordon A. Shanks - District 3 and Michael P. Levitt - District 5. ITEM 'W" / RE- ORGANIZATION OF THE CITY COUNCIL / REDEVELOPMENT AGENCY Mayor Sloan nominated Mike Levitt as the 2011 Mayor - there were no other nominations. Councilman Shanks commented that he did not feel that this should not be done until after the run -off. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Mayor Sloan thanked the people of Seal Beach for giving him the opportunity to be the Mayor in 2010 and it had been a real honor. 2011 Mayor Levitt thanked the Council Members for their trust and confidence in selecting him as Mayor and thanked David Sloan for his tenure as 2010 Mayor - projects that he would like to accomplish: settlement over the DWP property, passing the barking dog ordinance, work closely with the Golden Rain administration and the folks in Leisure World, help Seal Beach merchants to increase revenue, help select new city manager, and continue to get a new market for Leisure World. Good -bye to David Carmany who has been a great City Manager. Sloan nominated Gary Miller as the 2011 Mayor Pro Tem - there were no other nominations. AYES: Antos, Levitt, Miller, Sloan Page - 9 City Council 12/13/10 NOES: Shank Motion carried RDA Chair Shanks called for nominations: Miller nominated David Sloan as the 2011 Redevelopment Agency Chair - there were no other nominations. AYES: Antos, Levitt, Miller, Sloan NOES: Shank Motion carried Miller nominated Gordon Shanks as the 2011 Redevelopment Agency Vice -Chair - there were no other nominations. AYES: Antos, Levitt, Miller, Sloan NOES: Shank Motion carried Mayor Levitt adjoumed the Seal Beach Public Financing Authority and Redevelopment Agency at 9:34 p.m. The City Council recessed to a workshop to consider the following: City Manager Resignation - City Manager David Carmany has submitted his resignation, effective 30 days from the date of his resignation letter. The City Council has a number of options to consider regarding the City Manager position. City Council recessed to the workshop - City Attorney gave a brief staff report - stating the 6 options the council may consider: • Appoint a person with City Manager experience as Interim City Manager • Appoint a current City employee as Acting City Manager • Hire a recruiting firm to assist in the process of locating a new City Manager • Appoint two Council Members to serve on an ad -hoc subcommittee • Defer action until January • Take any of the above options, either singly or in combination Mayor Levitt opened for comments: Speaker: Robert Goldberg, Clipper Way, provided a handout listing 4 issues he feels are important when looking for a new city manager. City Council went into closed session at 9:47 p.m. The City Attorney announced that the City Council would meet to discuss the item identified on the closed session agenda: public employment, Government Code §54957 - TITLE: City Manager. Council reconvened at 10:26 to open session - the City Attorney announced that the City Council with a vote of 3 -2 (Levitt and Shanks voted no) to select Patrick P. Importuna (retired city manager) as acting City Manager and will consider recruitment service firms at their January 10th meeting. The City Attorney stated he will contact 4 to 6 recruitment service firms and ask them to provide a proposal for the January 10, 2011 City Council meeting and will prepare an agreement with Patrick P. Importuna as acting City Manager. ADJOURNMENT With no objections the Mayor adjourned the City Council at 10:28 p.m. to Monday, January 10, 2011 at 4:00 p.m. to meet in closed session, if deemed necessary and interview recruitment firms. (By action taken by the City Council on January 11, 2010 the regular City Council meeting scheduled for December 27, 2010 was cancelled.) Page 10 - City Council 12/13/10 City Hall will be closed Friday, December 24, 2010 thru Friday. December 31. 2010 – the offices will reopen for public business on Monday, January 3, 2011 with regular business hours of 8:00 a.m. to 5:00 p.m. (In case of emergency, please call the Seal Beach Police Department (562) 799- 4100 or dial 911) Out of clutter, find Simplicity. From discord, find Harmony. In the middle of difficulty lies opportunity. — Albert Einstein 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 pnor 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 RDA Board meeting, and cannot be relied on or used as an official record of the proceedings. Although the Aty 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 imphed, as to the contents of this document Once Official Minutes have been approved, a copy can be obtained from the City Clerk Seal Beach California January 10, 2011 Mayor Levitt called the adjourned meeting of the Seal Beach City Council to order at 4:00 p.m. in the City Hall Council Chambers. ROLL CALL Present: Mayor Levitt Council Members: Antos, Miller, Shanks, Sloan Also present: Patrick P. Importune, City Manager Quinn Barrow, City Attorney Linda Devine, City Clerk The City Attorney stated that the agenda be amended to include the interviews of the recruiting firms for the city manager search. Antos moved, second by Shanks to amend the agenda. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Mayor Levitt 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 Council recessed to closed session at 4:03 and reconvened at 4:15 p.m. to begin the interviews. The City Attorney announced the order of the interviews: Ralph Andersen & Associates; William Avery & Associates; Shey- Harding Associates, Inc.; Alliance Resource Consulting, LLC; Bob Murray & Associates; and - Decline interview. The City Council recessed back to closed session at 5:40 p.m. to discuss the items on the closed session agenda. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda: Item "A" - 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 "B" - conference with legal counsel - anticipated litigation - Government Code §54956.9(b): 1 case; and item "C" - public employment - Government Code §54957 - City Manager. The City Attorney reported that the City Council gave directions regarding the items listed on the agenda and no other reportable action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn at 6:50 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2 - City Council 01/10/11 Seal Beach California January 10, 2011 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Levitt calling the meeting to order with Councilman Sloan leading the Salute to the Flag. ROLL CALL Present: Mayor Levitt Council Members: Antos, Miller, Shanks, Sloan City Staff: Patrick P. Importuna, City Manager Quinn Barrow, City Attorney Chief Jeff Kirkpatrick, Seal Beach Police Department Jill Ingram, Assistant to the City Manager Sean Crumby, 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 Dan Hanson - Battalion Chief, OC Fire Authority Representative Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Items pulled from consent calendar for separate consideration - Miller pulled item "I"; Antos pulled item "K" and Shanks pulled item "G ". Antos moved, second by Shanks, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS There were no presentations or recognitions at this time. ORAL COMMUNICATIONS Mayor Levitt declared Oral Communications open. Speakers: Esther Kenyon, Seal Beach Chamber of Commerce, provide the chamber's stance on items "C "- "D " - "R" ; Lacy Kelly, representing Association of California Cities Orange County (AOCC -OC), was present to answer any questions regarding the City becoming a member; Erik Dryer - Goldman, Seal Beach Chamber president, expressed the chamber's view on item "Q" and encouraged to shop local; Seretta Fielding, Seal Beach Blvd, asked to continue item "C "; Laura Herzog, Joint Forces Training Base, gave update on base activities; Esther Cummings, Friends of the Mary Wilson Library, indicated the Friends donated all the funds for the automatic doors (item "K "); Jenelle Froisland, Southern California Edison, provided a general information report on electric charging stations (item "D ") and the many factors involved when purchasing a plug -in vehicle; Ellery Deaton, 4th Street, praised staff and OCFA on the striping project on 13th - 17th streets; Susan Perrell, Bridgeport, asked to have both the agenda and backup materials available on the website; Robert Goldberg, Clipper Way, provided his opinions and comments on items "D" and "Q "; Seth Eaker, 13th Street, announced activities for 5K/10K run (April 2nd); and Joyce Parque, 6th Street, asked council to use RDA funds to help McGaugh school. There were no other speakers - Mayor Levitt declared Oral Communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report given. CITY MANAGER REPORT Patrick P. Importuna, City Manager The City Manager thanked Council for the opportunity to serve as the interim City Manager. Page - 3 City Council 01/10/11 COUNCIL COMMENTS Councilman Antos requested an item be placed on the next agenda to become a charter member of the newly formed Association of California Cities Orange County (AOCC -OC) and inquired about cable class schedule; Councilman Shanks requested that an update report on the City website be placed on the February 14th agenda and would like to have the agendas (with full back -up material) available on the website; Mayor Pro Tem Miller requested the issue of fireworks at Old Ranch Country Club be place on a Council agenda - would also like to have an agenda item to vote on joining the AOCC -OC - indicated that he and the City Clerk are looking into video streaming meetings with access to agendas through the Internet; and Councilman Sloan welcomed Patrick Importuna as the interim City Manager. COUNCIL ITEMS ITEM "A" / 2011 CALENDAR OF CITY COUNCIL MEETING DATES After a brief staff report from the City Attorney, Miller moved, second by Sloan, to cancel the following 2011 City Council meetings: January 24th, May 23rd, August 22nd, November 28th, and December 26th. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "B" / RESOLUTION NO. 6096 / 2011 MAYOR APPOINTMENTS Shanks moved, second by Sloan, to continue this item until the February 28th City Council meeting. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "C" / 2011 SEAL BEACH BOARDS, COMMISSIONS, AND COMMITTEES / APPOINTMENTS Shanks moved, second by Miller, to continue this item until the February 28th City Council meeting. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "D" / ELECTRIC CAR CHARGING STATIONS (Levitt) The Director of Public Works provided a report giving the background and recommendation on installation of three electric charging stations in the City - grant funding will provide for the materials and the City will fund the cost of the installation. Coulumb Technologies has secured the grant funding for the City, has a point of sale system, and recommends Clean Fuel Connection as the certified installer. The Director indicated that the City could charge to recover costs of operation and maintenance of the systems and the lost revenue from the loss of the parking stalls. Staff is asking approval of a budget amendment in the amount of $15,000 for installation and the authorization from Council to move forward. Councilman Shanks stated that he would prefer to wait until there is a need in the City before installing the charging stations and should use only the beach parking lots and not use the Main Street lot. Mayor Levitt stated that he had asked this item to come forward in order to have Seal Beach listed in a directory as a place with charging stations and those needing their cars charged would also shop and dine in Seal Beach. The Southern California Edison representative indicated that they could provide more information on the rates and costs for the use of charging stations - at this time they only have information on residential use (website with map of public charging stations: www.cleancarmaps.com). Councilman Antos stated the charging stations will help with the City's Local Coastal Plan (Local Coastal Commission - Green Policy). Antos moved, second by Sloan, to authorize, as recommended by staff, the installation of three electric charging stations - two located in the 8th Street Page 4 - City Council 01/10/11 beach parking lot and one located at 120 Main Street (parking lot). (Budget Amendment No. 11 07 - 01) AYES: Antos, Levitt, Miller, Sloan NOES: Shanks Motion carried With no objections, Mayor Levitt called for a recess at 8:15 p.m. and reconvened the meeting at 8:30 p.m. CONSENT CALENDAR Councilman Shanks requested item "G" be put back on the consent calendar. Shanks moved, second by Sloan, to approve the recommended actions on the consent calendar except for items "I" and "K" pulled for separate consideration. The City Attorney announced that the standard disclosure language was added to the RFP (Item "N" - 2011 Water Master Plan Update) that was inadvertently left off. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried E. Approved the Demands on Treasury. Warrants: 85807 -86151 $2,393,556.55 Year -to -Date: $25,776,352.70 Payroll: Direct Deposits & Checks $551,758.21 Year -to -Date: $3,999,871.45 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: November 2010. G. Adopted Resolution No. 6097 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET AMENDMENT NO. 11- 07-01 REVISING THE FISCAL YEAR 2010/11 BUDGET ". (items "D ", "0 ", "0 ", and "R ") H. Adopted Resolution No. 6098 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA PROVIDING AUTHORIZATION TO SIGN DEMANDS AND CHECKS FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE BANK OF AMERICA, AUTHORIZING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO ACT AS AGENT FOR THE CITY TO CLAIM UNCLAIMED PROPERTY, AND RESCINDING RESOLUTION NUMBER 5958 ". I. Removed for separate consideration. (Miller) 1. Orange County Employment Relations Consortium - Adopt Resolution No. 6099 ratifying the agreement for Special Services with Liebert Cassidy Whitmore in the amount of $2,759 for the City's 2011 membership. J. Adopted Resolution No. 6100 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT /SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY 2010 URBAN AREAS SECURITY INITIAVE (UASI) GRANT PROGRAM BETWEEN THE CITY OF ANAHEIM AND THE CITY OF SEAL BEACH" - allowing the City to enter into an agreement for FY 2010 Urban Areas Security Initiative (UASI) grant program for transfer or purchase of equipment/services or for reimbursement of training costs. K. Removed for separate consideration. (Antos) "K. Building Improvements to Mary Wilson Library - Adopt Resolution No. 6101 formally accepting completion of the building improvements Page - 5 City Council 01/10/11 and file the Notice of Completion with the County of Orange. (Action Door Repair ($7,821) & CRI Electric, Inc. ($2,794) - total cost $10,615) L. Approved the plans and specifications to widen Seal Beach Boulevard at North Gate Road (Project No. 49750) and authorized the solicitation for bids. M. Adopted Resolution No. 6102 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DEDICATING A SOURCE OF REVENUES FOR REPAYMENT OF THE CLEAN WATER STATE REVOLVING FUND FINANCING IN ACCORDANCE WITH THE STATE WATER RESOURCES CONTROL BOARD'S REQUIREMENTS ". N. Approved the request for proposal (RFP) for the 2011 Water Master Plan update and authorized to solicit for proposals. O. Approved street striping modifications in Old Town (between 13th and 17th Streets) and authorized to proceed with installation of striping improvements. (Budget Amendment No. 11 07 - 01) ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I" / RESOLUTION NO. 6099 / ORANGE COUNTY EMPLOYMENT RELATIONS CONSORTIUM / LIEBERT CASSIDY WHITMORE AGREEMENT (Miller) Mayor Pro Tem Miller pulled this item and requested language be added to the agreement: Additional Services - "Attorney shall, as and when requested by the City Attorney, make itself available " With no objection to the request, Miller moved, second by Antos, to adopt Resolution No. 6099 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL RATIFYING THE AGREEMENT FOR SPECIAL SERVICES BETWEEN THE CITY OF SEAL BEACH AND LIEBERT CASSIDY WHITMORE" - 1 year membership of $2,759. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "K" / RESOLUTION NO. 6101 / BUILDING IMPROVEMENTS / MARY WILSON LIBRARY / NOTICE OF COMPLETION (Antos) Councilman Antos pulled this item and indicated the Friends of the Library had donated all the funding ($10,615) for the improvement to the library - installation of an automatic entrance door. Antos moved, second by Miller to adopt Resolution No. 6101 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR THE MARY WILSON LIBRARY BUILDING • IMPROVEMENTS" (Action Door Repair - $7,821 and CRI Electric, Inc. - $2,794) AYES: Antos, Levitt, Shanks, Sloan NOES: Miller Motion carried PUBLIC HEARING ITEM "P" ORDINANCE NO. 1604 / RIVERFRONT REDEVELOPMENT PROJECT AREA RDA PLAN LIMITS / EXTEND TAX INCREMENT BY 2 YEARS Mayor Levitt stated this was the time and place for a public hearing for the consideration of: Riverfront Redevelopment Project Area RDA Plan Limits - Introduce Ordinance No. 1604 extending the Agency's ability to collect tax increment by two years. The Director of Development Services gave a brief staff report stating the State required redevelopment agencies to shift agency revenue to the state - Educational Revenue Augmentation Fund (ERAF). This extended the life of the project areas by two years - Seal Beach used their tax increments to improve storm drains, sewer improvement projects, and street repaving. Page 6 - City Council 01/10/11 Mayor Levitt opened the public hearing. There were no speakers - Mayor Levitt declared the public hearing closed. Antos moved, second by Shanks, to introduce first reading of Ordinance No. 1604 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE RIVERFRONT REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D)" - The City Attorney read the title of the ordinance for the record. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED /CONTINUED BUSINESS ITEM "0" / SENIOR TRANSPORTATION SERVICES / WESTERN TRANSIT The Director of Public Works provided a staff report and requested direction from the Council regarding the expanded service agreement with Western Transit for the City's Senior Mobility Program. Billing would be on a per trip (one -way) basis and expanded 3.0 mile radius outside the city for medical use - this will be on a trial basis until the end of the fiscal year - need for a budget amendment of $48,700. Council comments: Would like to have information on the program (costs) when Council is considering the 2011/2012 budget; OCTA provides a handicap program, is this duplicating services; consider raising the age to 60 for the Dial -a -Ride program; consider vouchers; use yellow cab services. (Budget Amendment No. 11 07 - 01) Sloan moved, second by Antos, to approve the Senior Transportation Services Program as recommended by staff. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried NEW BUSINESS ITEM "R" / RESOLUTION NO. 6103 AND RESOLUTION NO. 6104 / COLLEGE PARK WEST - SR22/STUDEBAKER ROAD OFF RAMP IMPROVEMENTS / WILLDAN ENGINEERING CONTRACT The City Attorney stated that Councilman Sloan has recused himself from consideration of this item - there is no conflict of interest but Councilman Sloan felt since this is his neighborhood he wants to avoid any appearance of impropriety - left the Council Chambers at 8:45 p.m. The Director of Public Works gave the staff report - this intersection is a multi - jurisdictional freeway off- ramp (Caltrans, City of Long Beach, County of Los Angeles, City of Seal Beach, and County of Orange). The City of Seal Beach will be the lead agency and Caltrans will contribute $250,000 for the project. Antos moved, second by Shanks, to adopt Resolution No. 6103 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA SELECTING OPTION 2 FROM THE TRAFFIC STUDY REPORT FOR PROPOSED IMPROVEMENTS TO COLLEGE PARK DRIVE AT SR -22 RAMPS AND STUDEBAKER ROAD ". (Option 2: Modify the intersection of the SR -22 Ramps and College Park Drive to provide an acceleration lane on the westbound on -ramp for motorists making left turns from College Park Drive, provide a free -right tum lane from College Park Drive to the off-ramp, and provide a left tum lane from the on -ramp onto College Park Drive.) and adopt Resolution No. 6104 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AMENDMENT TO THE AGREEMENT DATED DECEMBER 8, 2008 BETWEEN THE CITY AND WILLDAN ENGINEERING FOR ENGINEERING SERVICES IN CONNECTION WITH THE COLLEGE PARK WEST INTERSECTION IMPROVEMENT PROJECT" in the amount of $115,900 (Budget Amendment No. 11 07 - 01) AYES: Antos, Levitt, Miller, Shanks NOES: None ABSTAIN: Sloan Motion carried Page - 7 City Council 01/10/11 Councilman Sloan return to the Council Chambers at 8:53 p.m. ITEM "S" / RESOLUTION NO. 6105 / CITY MANAGER RECRUITING FIRM The City Attomey reported that at 4:00 p.m. the City Council had interviewed five recruiting firms to assist the City in finding a new City Manager - the Council went into closed session to discuss the issue. Sloan moved, second by Miller, to approve the contract with Alliance Resource Consulting, LLC. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ADJOURNMENT With no objection, the Mayor adjourned the City Council at 9:00 p.m. to Monday, January 17, 2011 at 3:00 p.m. to meet in closed session to discuss Bay City Partners litigation and the recruitment of a City Manager and other open session items, if deemed necessary. The Mayor adjourned the meeting in the memory of Glenn R. Watson of Richard - Watson- Gershon the City's attorney firm and to those families who lost loved ones killed by a gunman in Arizona and expressed a speedy recovery to those who were shot. 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 /t is bung made available prior to hnal action, it should not be considered a true record of the meeting It is not the official Minutes of the City Council and cannot be relied on or used as an official reconi 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 hnal 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. Seal Beach California January 17, 2011 The City Council of the City of Seal Beach met in adjourned session at 3:00 p.m. with Mayor Levitt calling the meeting to order and Councilman Shanks leading the Salute to the Flag. ROLL CALL Present: Mayor Levitt Council Members: Antos, Miller, Shanks, Sloan City Staff: Quinn Barrow, City Attorney Jill Ingram, Acting City Manager Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Shanks moved, second by Antos, to approve the agenda as recommended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ORAL COMMUNICATIONS Mayor Levitt declared Oral Communications to be open. Speakers: Mike Buhbe, Central Way, indicated there needs to be transparency to the process in hiring the new city manager and read some of the points that were given to him by Robert Goldberg; Seretta Fielding, Electric Avenue, stated that the council should wait until the run -off election to interview the candidates for city manager and should not offer a long term contract; Carla Watson, Catalina Avenue, stated she was in agreement with the statements made and not to rush the process; Robert Goldberg, Clipper Way, stated his comments that he had emailed to the council members regarding his recommendations in selection of the new city manager. There were no other speakers - Mayor Levitt declared Oral Communications closed. CONSENT CALENDAR Sloan moved, second by Shanks, to approve the recommended actions on the consent calendar. A. Authorized the City Manager to transfer the City member from the Orange County Division League of California Cities to become a charter member of the newly formed Association of California Cities Orange County (ACCOC). B. Adopted Ordinance No. 1604 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE RIVERFRONT REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D) ". The City Attorney read the title for the record. (extending the Plan limits by two years) AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda: Item "A" - 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 Page 2 - City Council 01/17/11 00305309) and item "B" - public employment - Government Code §54957 - City Manager. With no objections, the Mayor called for a recess at 4:45 p.m. and reconvened the closed session at 4:53 p.m. The City Attorney reported that the City Council gave directions to both items on the closed session agenda and no other reportable action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjoum at 5:35 p.m. to February 1, 2011 to meet at 5:00 p.m. to certify, the results of the Municipal Run -off Election held on January 25, 2011. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk (By action taken by the City Council on December 13, 2010 the regular City Council meeting scheduled for January 24, 2011 was cancelled.) Study Session - Monday, February 7, 2011 at 3:00 p.m. to study the "2010 Street Tree Master Plan" NOTICE The following document has not been approved for accuracy and may be convicted, 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 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 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 thls document. Once Official Minutes have been approved, a copy can be obtained from the City Clerk Seal Beach California February 1, 2011 The City Council of the City of Seal Beach met in adjourned session at 5:00 p.m. with Mayor Pro Tem Miller calling the meeting to order and Councilman Antos leading the Salute to the Flag. ROLL CALL Present: Mayor Pro Tem Miller Council Members: Antos, Shanks, Sloan City Staff: Patrick P. Importuna, City Manager Quinn Barrow, City Attorney Jill Ingram, Assistant to the City Manager Sean Crumby, Director of Public Works Robbeyn Bird, Director of Administrative Services/Treasurer Mark Persico, Director of Development Services Michael Ho, City Engineer Linda Devine, City Clerk Antos moved, second by Sloan, to excuse Mayor Levitt's absence due to his attendance at a conference. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Shanks moved, second by Antos, to approve the agenda as recommended. AYES: Antos, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried ORAL COMMUNICATIONS Mayor Pro Tem Miller declare oral communications open. There were no speakers - Mayor Pro Tem Miller declared Oral Communications closed. NEW BUSINESS ITEM "A" / RESOLUTION NO. 6106 / DECLARE THE RESULTS OF THE JANUARY 25, 2011 SEAL BEACH RUN -OFF ELECTION Sloan moved, second by Antos, to adopt Resolution No. 6106 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL RECITING THE FACT OF THE MUNICIPAL RUN -OFF ELECTION HELD ON JANUARY 25, 2011 DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW ". AYES: Antos, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried Mayor Pro Tem Miller congratulated Ellery Deaton as the successful candidate, welcomed her as the new member of the City Council, and presented her with the Certificate of Election. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn at 5:05 p.m. to February 7, 2011 to meet at 1:30 p.m. for closed session and a study session regarding "Street Tree Master Plan ". Page 2 - City Council 02/01/11 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 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 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 Crty Clerk Seal Beach California February 7, 2011 The City Council of the City of Seal Beach met in adjourned session at 1:30 p.m. with Mayor Levitt calling the meeting to order. ROLL CALL Present: Mayor Pro Tem Miller Council Members: Antos, Shanks, Sloan City Staff: Patrick P. Importuna, City Manager Quinn Barrow, City Attorney Jill Ingram, Assistant to the City Manager Sean Crumby, Director of Public Works Mark Persico, Director of Development Services Linda Devine, City Clerk Others present: Staff - Michael Ho, Jeff Watson, Ernest Area; CTAB - Jim Caviola, Mario Voce CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda: Item "A" - 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 "B" - public employment - Government Code §54957 - City Manager. The Mayor reconvened the Council at 3:00 p.m. for a study session regarding the 2011 Street Tree Master Plan. The City Attorney reported that the City Council gave directions regarding the items listed on the agenda and no other reportable action was taken. STUDY SESSION The Director of Public Works gave a brief overview on the direction given to staff regarding the preparation of the "Street Tree Master Plan" and indicated that there is a need to include a risk management component to the Plan - this will be added to the Plan and the City Tree Advisory Board (CTAB) will review the language at their March meeting and make a recommendation to Council. Bob McMahan, representative from the consulting firm of RMA International, provided a powerpoint presentation outlining the information in the Plan. Council Members provided comments. Staff will incorporate the comments expressed by the Council and bring the Plan back with CTAB recommendation. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn at 4:05 p.m. to February 14, 2011 to meet at 5:00 p.m. for recognition of the District One Council Member - Charles Antos and 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 corrected, modified or amended before final approval Because it is being made available prior to final action, d should not be considered a true record of the meeting It is not the official Minutes of the Qty Council and cannot be relied on or used as an officla/ record of the proceedings Although the pry 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