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Home My WebLink AboutCC Min 2011-02-14Seal Beach California February 14, 2011 Mayor Levitt called the adjourned meeting of the Seal Beach City Council to order at 5:00 p.m. in the City Hall Council Chambers. ROLL CALL Present: Mayor Levitt Council Members: Antos, Miller, Shanks, Sloan Also present: Patrick P. Importuna, City Manager Quinn Barrow, City Attorney Linda Devine, City Clerk "Recognition of District One Councif Member - Charles Antos * * 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. 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 City Council went into closed session at 5:45 p.m. The City Attorney reported in open session that the City Council gave directions regarding the items listed on the adjourned agenda and no other reportable action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn at 6:30 p.m. Citq Clerk City of Seal Beach Approved: A9 L g� Z K Mayor Attest: City Clerk Page 2 - City Council 02/14/11 Seal Beach California February 14, 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 Antos 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 Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Councilman Antos pulled Item "H" from the consent calendar for separate consideration. Shanks moved, second by Sloan, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS Presentation - 2010 Mayor David W. Sloan Cypress College Americana Award - James Caviola - Citizen of the Year - Seal Beach Orange County Water District - Alamitos Barrier Presentation ORAL COMMUNICATIONS Mayor Levitt declared Oral Communications open. Speakers: Susan Perrell, Galleon Way, reiterated her request to have agenda staff reports and back -up materials available on the City's website; Esther Kenyon, Seal Beach Chamber of Commerce, spoke on Chamber matters; Robert Goldberg, Clipper Way, read his email he sent to Council regarding item "H" - Assistant City Manager; Mike Buhbe, Central Way, also spoke on item "H" and asked to delay decision until new City Manager is selected. There were no other speakers - Mayor Levitt declared Oral Communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney The City Attorney reported that the City Council met in closed session and gave directions regarding 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. No other reportable action was taken - the closed session meeting was adjourned at 6:30 p.m. CITY MANAGER REPORT Patrick P. Importuna, City Manager No report given. Page - 3 City Council 02/14/11 COUNCIL COMMENTS All Council Members thanked Charles Antos for his dedication to District One and service on the Seal Beach City Council and wished him the best. Councilman Antos thanked everyone for their support during his tenure as Councilman and requested to have the paving of the alleys along Ocean Avenue from 8th Street to 1st Street placed on the capital improvement project list; Councilman Shanks praised the Community Services Department for an outstanding recreation brochure and asked about the dog barking ordinance; Mayor Pro Tern Miller requested to have the proposed community pool site information agendized; and Mayor Levitt requested to have speed limit posted along the North Gate Road. COUNCIL ITEMS ITEM "A" / SEAL BEACH WEBSITE RE- DESIGN / STATUS REPORT The Director of Administrative Services provided a status report on the new City website indicating the contract was awarded to Quijote Corporation (dba Sensis) and will launch on February 28, 2011 - during the process it was determined that the City would have a new website address (URL) www.sealbeachca.gov and the old site will automatically point to the new address for 6 months. The Director concluded that the site is much improved and will be more useable for residents but there are features that will be addressed in phase 2 of this project. The budgeted amount was $125,000. The main issue for Council was the ability for residents to have access to the agendas and the back -up materials and to have the website provide more concurrent users. With no objections the Mayor so ordered the report received and filed. CONSENT CALENDAR Miller moved, second by Shanks, to approve the recommended actions on the consent calendar except for item "H" pulled for separate consideration. The City Attorney announced there is a revised Professional Services Agreement for consent calendar items "F" & "G" - the disclosure language was added: "A disclosure of all personal, professional, or financial relationships with any officer or employee of the City." AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried B. Approved the Minutes of Adjourned City Council Meeting and Joint Regular Seal Beach City Council, Seal Beach Public Financing Authority, and Redevelopment Agency Meeting of December 13, 2010 - Adjourned and Regular City Council Meeting of January 10, 2011 - Adjourned City Council Meetings of January 17, 2011 and February 1, 2011 - Adjourned City Council Meeting and Study Session of February 7, 2011. C. Approved the Demands on Treasury: Warrants: 86152 -86667 $3,476,358.46 Year -to -Date: $29,252,711.16 Payroll: Direct Deposits & Checks $610,695.57 Year -to -Date: $4,610,567.02 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: December 2010. E. Adopted Resolution No. 6107 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET AMENDMENT NO. 11- 08-01 REVISING THE FISCAL YEAR 2010/11 BUDGET ". (items "A" and "I ") F. Authorized to initiate the Request For Proposal (RFP) and to solicit bids for a Cost Allocation Plan and Comprehensive User Fee Study. 1 u 1 G. Authorized to initiate the Request For Proposal (RFP) and to solicit bids for a Annual Auditing Services. Page 4 - City Council 02/14/11 H. Removed for separate consideration. *H. Assistant City Manager - Amend Classification Plan - Adopt Resolution No. 6108 amending the Classification Plan eliminating the classification of Assistant to the City Manager and adding the classification of Assistant City Manager at Grade 57 ($12,527 per month). I. Authorized an increase to the Building and Safety Division budget for nuisance abatement action performed per abatement warrant issued by the Orange County Superior Court - 3840 Rose Street. (Item «E» - Budget Amendment No. 11- 08 -01) J. Adopted Resolution No. 6109 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING AN ADDENDUM TO THE INITIAL STUDY /MITIGATED NEGATIVE DECLARATION FOR THE INTERSTATE 405 /SEAL BEACH BOULEVARD IMPROVEMENT PROJECT AND INSTRUCTING STAFF TO FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE ". (IS /MND 99 -1) K. Authorized to begin recruitment for the position of Account Technician (replace retiring Executive Assistant). L. Adopted Resolution No. 6110 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR THE 2010 ANNUAL SLURRY SEAL PROJECT NO. ST1006 ". (American Asphalt South, Inc. - $120,776.65) ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" / RESOLUTION NO. 6108 / ASSISTANT CITY MANAGER / AMEND CLASSIFICATION PLAN (Antos) Councilman Antos pulled this item to express his support. Antos moved, second by Shanks, to adopt Resolution No. 6108 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING AN AMENDMENT TO THE CLASSIFICATION PLAN BY ADDING THE CLASSIFICATION OF ASSISTANT CITY MANAGER, AND ELIMINATING THE CLASSIFICATION OF ASSISTANT TO THE CITY MANAGER ". (Grade 57 - salary range $11,930 to 14,502 per month) AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "M " / RESOLUTION NO. 6111 / RIVER'S END STAGING AREA & SAN GABRIEL RIVER BIKEWAY ENHANCEMENT PLAN (SCH #2010021026) / MITIGATED NEGATIVE DECLARATION (MND) WITH APPENDIX Mayor Levitt stated this was the time and place for a public hearing for the consideration of the River's End Staging Area & San Gabriel River Bikeway Enhancement Plan (SCH #2010021026) and Mitigated Negative Declaration with Appendix - Adopt Resolution No. 6111 approving the project. The Director of Development Services provided the staff report stating the background, facts, and analysis. The State Rivers and Mountains Conservancy awarded a $2M grant for improvement along the eastern boundary of the San Gabriel River in Seal Beach. Seal Beach is the lead agency and the process was held up by a lawsuit filed by Bay City Partners indicating that a portion of the property being improved was owned by BCP - the Orange County Superior Court vacated the City's approval and directed the City to disclose that a portion of the existing biketrail crosses over the property owned by BCP and analyze any potential environmental impacts that might arise if BCP prevents the continuing use of the trail on its property. This Project has been analyzed pursuant to CEQA and the CEQA Guidelines. With the mitigation measures incorporated, all potential Page - 5 City Council 02/14/11 impacts have been reduced to a level of less than significant. The draft MND, as revised, fully and substantially complies with all requirements under CEQA. The Director informed the Council that an email was sent to the City at 4:43 p.m. from BCP with comments regarding the appendix to MND. Mayor Levitt opened the public hearing. Ed Selich, representing Bay City Partners, stated he was available to answer any questions that the Council may have regarding this issue - there were no other speakers - Mayor Levitt declared the public hearing closed. The City Attorney asked for a recess to revise the resolution to address the comment letter from Bay City Partners. With no objections the Mayor called for a recess at 8:10 p.m. and reconvened the meeting at 8:25 p.m. - the City Attorney distributed the draft resolution to the Council, the public and Mr. Selich, and then called the Council's attention to the revisions to Resolution No. 6111 in Section 7 and Section 9. Antos moved, second by Shanks, to 1) adopt Resolution No. 6111 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPENDIX IN CONNECTION WITH THE RIVERS END STAGING AREA AND SAN GABRIEL RIVER BIKEWAY ENHANCEMENT PLAN PROJECT AND MITIGATION MONITORING PROGRAM, APPROVING THE PROJECT AND INSTRUCTING STAFF TO FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE "; 2) approve the construction and landscape improvement project pursuant to the Mitigated Negative Declaration and associated mitigation measures; 3) approve the Project for the Rivers End Staging Area and San Gabriel River Bikeway Enhancement Plan; 4) direct staff to file the appropriate CEQA forms with the County Clerk; and 5) direct staff to proceed with all steps necessary to implement the Project after the City has demonstrated to the court its compliance with the mandates of CEQA and the writ issued by the court. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED /CONTINUED BUSINESS None at this time. NEW BUSINESS None at this time. RECESS REGULAR CITY COUNCIL MEETING The Mayor recessed the City Council to the Redevelopment Agency meeting at 8:30 p.m. RECONVENE CITY COUNCIL MEETING The Mayor reconvened the City Council meeting at 8:35 p.m. ADJOURNMENT With no objection, the Mayor adjourned the City Council at 8:35 p.m. to Monday, February 28, 2011 at 4:30 p.m. to study session on Facilities Master Plan and to meet in closed session, if deemed necessary. Ar 1 City Jerk City of RPM RAarh Approve( Attest: VllY I,ICIK