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Home My WebLink AboutCC Min 2011-03-28Seal Beach California March 28, 2011 Mayor Levitt called the joint adjourned meeting of the Seal Beach City Council and Redevelopment Agency to order at 5:00 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Levitt Council /Agency Members: Deaton, Miller, Shanks, Sloan Also present: Quinn Barrow, City Attorney /Legal Counsel Jill R. Ingram, Acting City Manager /Acting Executive Director Linda Devine, City Clerk/Secretary 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 - GC §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 - GC §54956.9(c): 1 -3 case(s); item "C" - public employment - GC §54957 - City Manager. The Council /RDA recessed at 6:55 p.m. The City Attorney reported in open session that the City Council /RDA, with a 5 -0 vote, reached a settlement with Bay City Partners - copies of the settlement agreement are available in the City Clerk's office. The Council /RDA reconvened at 8:50 p.m. ADJOURNMENT It was the order of the Chair, with consent of the Council /RDA to adjourn the joint adjourned meeting at 9:06 p.m. - no reportable action was taken. ity Clerk City of Seal Beach Approved: Mayor Attest: 44;z4j, City lerk Page 2 - City Council 03/28/11 Seal Beach California March 28, 2011 The City Council of the City of Seal Beach and the Seal Beach Public Financing Authority met in joint session at 7:00 p.m. with Mayor Levitt calling the meeting to order and Mayor Pro Tem Miller leading the Salute to the Flag. ROLL CALL Present: Mayor /Chair Levitt Council /Board Members: Deaton, Miller, Shanks, Sloan City Staff: Quinn Barrow, City Attorney /Legal Counsel Jill R. Ingram, Acting City Manager /Acting Executive Director 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 Marine Safety /Lifeguard Department Linda Devine, City Clerk/Secretary APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Mayor Pro Tem Miller pulled item "L" for separate consideration. Shanks moved, second by Sloan, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS - 4r CARE Ambulance - Presentation by Bill Weston, Operations Manager Mr. Weston provided an annual update on the services provided by CARE Ambulance. ORAL COMMUNICATIONS Mayor Levitt declared Oral Communications open. Speakers: Lorraine Navarro, member of Environmental Quality Control Board, stated her support on item "A" to have alternates on EQCB; Robert Goldberg, Clipper Way, asked to make his comments during Council consideration of agenda item "L "; Seth Eaker, Seal Beach Run, encouraged everyone to sign -up and participate in the race on April 2nd and announced this year they have a record number of participants and sponsors; and Joyce Parque, 6th Street, said she hopes there will be changes made by the Council with regards to employee pensions (debt) and health benefits. 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 in closed session the City Council /RDA, with a vote of five to zero, reached a settlement with Bay City Partners - the settlement agreement is available in the City Clerk's office. CITY MANAGER REPORT Jill R. Ingram, Acting City Manager The Acting City Manager explained the agenda item to purchase a lifeguard truck was withdrawn and the issue of vehicle replacements will be discussed during the budget study sessions. COUNCIL COMMENTS Mayor Pro Tem Miller requested to change the time of the budget study sessions to begin at 6:00 p.m. (no consensus) - would like all correspondence from the City boards, commissions, and committees be approved by council (Mayor Levitt 1 1 1 Page - 3 City Council 03/28/11 so ordered that the Council authorize /sign any correspondence going out from any City board, commission, or committee) COUNCIL ITEMS ITEM "A" / ORDINANCE NO. 1607 / ENVIRONMENTAL QUALITY CONTROL BOARD MEMBERSHIP (EQCB) (Shanks) Councilman Shanks indicated that he and Councilwoman Deaton asked to add a member -at -large to the EQCB that would help provide expert opinions to the board, not to add more members in general. Mayor Pro Tern Miller said that this would cause one Council district to have more influence (vote) than other Council districts. The Council discussed the need to amend the Municipal Code to allow appointment of alternate members (one per Council district) to the EQCB - those members would participate and vote only if the primary representative was absent. Shanks moved, second by Deaton, to receive and file the staff report and no further action will be taken. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "B" / AD HOC GENERAL PLAN /LOCAL COASTAL PROGRAM CITIZENS ADVISORY COMMITTEE Sloan moved, second by Miller, to appoint Council Member Deaton as the Council representative and ratify the appointment of Jerry Galbreath as the Planning Commission representative. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR Deaton moved, second by Sloan, to approve the recommended actions on the consent calendar except for item "L" pulled for separate consideration. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried *C. Approved the minutes of Joint Adjourned City Council and Redevelopment Agency Meeting of March 7, 2011 and the Joint Council /RDA Adjourned and Regular City Council Meeting of March 14, 2011 and Joint Council /RDA Adjourned Meeting of March 16, 2011. *D. Approved the demands on Treasury. Warrants: 87060 -87229 $778,935.87 Year -to -Date: $31,643,184.54 Payroll: Direct Deposits & Checks $259,206.58 Year -to -Date: $5,388,521.46 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: February 2011. *F. Adopted Resolution No. 6118 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET AMENDMENT NO. 11- 09-01 REVISING THE FISCAL YEAR 2010/11 BUDGET ". (agenda items "I ", "K ", "L ", "M ", and "N ") *G. Adopted City Council Resolution No. 6119 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING SUBSTITUTION OF PROPERTY SUBJECT TO LEASE AND SUBLEASE WITH THE SEAL BEACH PUBLIC FINANCING AUTHORITY, AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS AND APPROVING CERTAIN ACTIONS IN CONNECTION THEREWITH" and Seal Beach Public Financing Authority Resolution No. PFA 11 -02 entitled Page 4 - City Council 03/28/11 "A RESOLUTION OF THE SEAL BEACH PUBLIC FINANCING AUTHORITY AUTHORIZING SUBSTITUTION OF PROPERTY SUBJECT TO LEASE AND SUBLEASE WITH THE CITY OF SEAL BEACH, AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS AND APPROVING CERTAIN ACTIONS IN CONNECTION THEREWITH ". (2009 Bonds - authorizing to substitute Fire Station No. 48 as collateral for the $6.3 million Lease Revenue Bonds and releasing Fire Station No. 44 and the City Hall complex. *H. Introduced Ordinance No. 1606 allowing public display of fireworks annually on July 4th in the Recreational /Golf Zone (RG -Zone) subject to a Special Event Permit. *I. Approved plans, specifications and estimate for the Gum Grove Park and Heron Pointe Tract - Slope Repair Work - reconstruct the hillside and authorize staff to solicit bids. (Budget Amendment No. 11- 09 -01) *J. Adopted Resolution No. 6120 entitled A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH AKM CONSULTING ENGINEERS FOR A 2011 WATER MASTER PLAN UPDATE" (in the amount of $94,080). *K. Adopted Resolution No. 6121 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONTRACT FOR ENERGY EFFICIENCY UPGRADES FOR CITY FACILITIES PROJECT NO. BG1103" - awarding the contract to Express Energy Services, Inc. in the amount of $78,752 for lighting scope of work includes upgrades to interior & exterior lighting, and install window film at various City facilities (Budget Amendment No. 11- 09 -01). *L. Removed for separate consideration. (Miller) *L. Street Tree Master Plan - Adopt the Street Tree Master Plan as recommended by the City Tree Advisory Board and City staff (Budget Amendment No. 11- 09 -01). (copies available for review at the Mary Wilson Library, City Clerk's Office, and Public Works Department) *M. Allocated $6,845 for the Lampson Avenue Traffic Signal Controllers Project No. ST1107. (Budget Amendment No. 11- 09 -01) ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "L" / STREET TREE MASTER PLAN (Miller) The Director of Public Works provided the staff report reviewing the establishment of the City Tree Advisory Board (CTAB) and the preparation of the master plan - a study was performed by RMA International with input from the community and recommendations from both the City staff and CTAB - the comments from the study sessions (held 02/07/11) were incorporated into the master plan. Mayor Pro Tern Miller indicated that he had several proposed changes to the Street Tree Master Plan - after Council received, a copy of the proposed changes Councilwoman Deaton stated that she felt that the document that was presented should be adopted without any changes, this is a living document, and changes can be made later if necessary. Speakers: Jim Caviola, CTAB representative; Robert Goldberg, Clipper Way; and Joyce Parque, 6th Street. Deaton moved, second by Shanks, to adopt the Street Tree Master Plan as recommended by the City Tree Advisory Board and City staff. (Budget Amendment No. 11- 09 -01) AYES: Deaton, Levitt, Shanks, Sloan NOES: Miller Motion carried 1 1 1 Page - 5 City Council 03/28/11 PUBLIC HEARING ITEM "N" / RESOLUTION NO. 6122 / NUISANCE ABATEMENT COST RECOVERY / SBMC 7.40.025 / 3840 ROSE STREET Mayor Levitt stated this was the time and place for a public hearing for the consideration of: Nuisance Abatement Cost Recovery Pursuant to SBMC 7.40.025 et seq. — 3840 Rose Street - Adopt Resolution No. 6122 confirming public nuisance abatement costs of $29,818.75 and direct staff to work with the County Tax Assessor/Tax Collector to place a lien on the property and collect the assessment. The Director of Development Services gave a brief staff report giving the Council the background information regarding this matter - the public nuisance abatement cost report and resolution was posted outside City Hall for at least 72 hours prior to the City Council meeting. Mayor Levitt opened the public hearing. There were no speakers - Mayor Levitt declared the public hearing closed. Deaton moved, second by Miller, to adopt Resolution No. 6122 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING A COST RECOVERY REPORT VERIFYING PUBLIC NUISANCE ABATEMENT COSTS OF $29,818.75 FOR 3840 ROSE (ASSESSOR'S PARCEL NO. 217 - 101 -15) AND INSTRUCTING STAFF TO WORK WITH THE COUNTY OF ORANGE TAX ASSESSOR /COLLECTOR TO COLLECT THE ASSESSMENT ". (Budget Amendment No. 11- 09 -01) AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. The Mayor recessed the meeting at 8:25 p.m. to the Redevelopment Agency meeting and reconvened the Council meeting at 8:38 p.m. ADJOURNMENT With no objection, the Mayor adjourned the joint City Council and Seal Beach Public Financing Authority meeting at 8:38 p.m. - the City Council adjourned to Tuesday, April 5, 2011 at 5:00 p.m. to meet for the 2011 Budget Study Session and to meet in closed session, if deemed necessary. The Council reconvened the closed session at 8:50 p.m. ity Clerk City of Seal Beach Approved: I'a � Mayor ZA174 J5 6 Attest: Lm� � City Jerk