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HomeMy WebLinkAboutCC Min 2011-04-11Seal Beach California April 11, 2011 Mayor Levitt 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 Levitt Council: Deaton, Miller, Shanks, Sloan Also present: Quinn Barrow, City Attorney Jill R. Ingram, Acting City Manager Linda Devine, City Clerk C 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 stated that an issue came to the attention of the City staff after the posting of the agenda that may require the City Council's action /direction and added a closed session item under Government Code section 54956.9(c) - Initiation of Litigation - 1 case. The City Attorney also announced that the City Council would meet to discuss the other items identified on the closed session agenda: Item "A" - public employment - GC §54957 - City Manager and item "B" - conference with real property negotiators - GC §54956.8 - Ruby's Diner located at the end of the Seal Beach Pier. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the meeting at 6:55 p.m. No reportable action was taken. City lerk City of Seal Beach Approved: // /,,— � e Mayor Attest: City Clerk Page 2 - City Council 04/11/11 Seal Beach California April 11, 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 and Councilman Shanks leading the Salute to the Flag. ROLL CALL Present: Mayor Levitt Council: Deaton, Miller, Shanks, Sloan City Staff: Quinn Barrow, City Attorney Jill R. Ingram, Acting City Manager 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 APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Councilman Sloan pulled item "L" and Mayor Pro Tern Miller pulled item "I" 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 5K/1 OK Run - Bill Ayers Perpetual Plaque for the Fastest Male and Female - Marc Loopesko, Director - 5K: Arnold Furr and Deena Bickford and 1 OK: Lorenzo Tyner and Kathleen Phair. r National Dispatcher Week - April 10 -16, 2011 - Paul Phillips, Administrator - WestComm Donate Life California Month - Donate Life Run - April 30th - Robert Scanlan, Ambassador ORAL COMMUNICATIONS Mayor Levitt declared Oral Communications open. Speakers: Marc Loopesko and Elizabeth Kane, Run Seal Beach - Directors, provided facts and acknowledgements on this year's race - next year the race is scheduled for April 21, 2012; Esther Kenyon, Seal Beach Chamber of Commerce, read a statement from the Chamber stating information, comments on events, and their support on agenda item "F" (Ordinance No. 1606 - allowing fireworks display in R/G Zone); Joe Fiori, Electric Ave, commented on item "G" (EQCB response letters to potential environmental impacts to the City - 2nd Street & PCH Project in the City of Long Beach) and provided a map showing the area of his concerns; Bill Ayers, Central Avenue, commented on item "G" and the possible traffic impact to the City; Robert Goldberg, Clipper Way, indicated that he had submitted questions regarding the proposed budget and would like to have the responses before the end of the week in order to submit the community input forms; Mike Buhbe, Central Way, made comments regarding the lot sizes for the proposed development project on the DWP site; Ken Sing, Harvard Lane, commented on items "L" (College Park Drive Intersection Improvement Update) and "G "; Seth Eaker, 13th Street & Run Seal Beach Director, congratulated the directors of the Run Seal Beach for putting on a successful event - stated his support for item "F" - his concerns on item "I" (Ordinance No. 1608 - wheeled devices on public and private property); and Schelly Sustarsic, Candleberry Avenue, commented on item "I" stating in her area the bike trails are too narrow and asked to exempt those areas in College Park u D Page-3 City Council 04/11/11 East so their kids can ride their bikes on the sidewalks - this is a safety issue. Mayor Levitt allowed speakers to reserve their time to speak for the agenda items under "Council Items ". 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 Jill R. Ingram, Acting City Manager The acting City Manager asked Chief Kirkpatrick, Seal Beach Police and Battalion Chief McMasters, Orange County Fire Authority to provide information regarding the West County Connector Project and how police and fire will be responding to calls. The Director of Public Works added the County's website, www.octa.net, which provides the most current information regarding closures. COUNCIL COMMENTS Councilman Shanks commended Councilman Sloan on all his hard work on the West County Connector (WCC) project; Councilman Sloan thanked Public Works Director, Sean Crumby and City Engineer, Michael Ho for their professional work in helping him in coordinating the WCC project - this has been a long time coming in getting the 2 cities, Seal Beach and Long Beach as well as the 2 counties, Orange and Los Angeles to agree on this project; Mayor Pro Tern Miller read his comments regarding the tree master plan and requested some language changes - the Mayor so ordered to have the City staff review the language changes submitted by Mayor Pro Tern Miller and revise portions of the Tree Master Plan; Councilwoman Deaton asked that a letter be sent to the Board of Supervisors indicating the City's opposition to Supervisor Moorlach's proposed concept of a "Super City" - Mayor so ordered; and Mayor Levitt stated some of his constituents have stated concerns regarding seniors ability to travel with their four wheeled motor carts (Gem cars) outside of Leisure World and would like the City staff to study the issue and present a recommendation whether or not there is a safe way for this to happen. COUNCIL ITEMS ITEM "A" / ORDINANCE NO. 1609 / INTRODUCE AMENDMENT /MUNICIPAL CODE SECTIONS 7.05.065 AND 7.35.010 / NOISY ANIMALS (Levitt) The Director of Development Services provided a brief staff report indicating the ordinance will clarify what constitutes a public nuisance and help facilitate enforcement against animal owners that create the public nuisance - a revised copy of the ordinance was provided to Council with the added language to subsection B. John Keisler, City of Long Beach Animal Control, stated the amendment to the code will help animal control with the process of enforcement (use of administrative citations); also responded to Council questions and concerns. Speakers: Craig Gibson, 17th Street; Sharman Snow, Seal Way; and Mike Carey, Beryl Cove Way. Levitt moved, second by Miller, to introduce first reading of Ordinance No. 1609 as amended - added language to subsection B. An animal is not deemed to interfere with the comfortable enjoyment of life and property if the animal is making noise due to a person or other animal that is trespassing or threatening to trespass upon private property in or upon which the animal is situated, or when the animal is being teased or provoked, or is impounded at the City's animal shelter (Scheduled adoption - April 25, 2011) The City Attorney read the title for the record. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 4 - City Council 04/11/11 ITEM "B" / SURFSIDE COLONY REQUEST LETTER (FEBRUARY 17, 2011 / UPDATE REPORT (Shanks) The Director of Public Works gave a brief review of the history of the concerns and requests addressed by the Surfside Colony. The three current requests are: 1) $75,000 every five to six years to fund the Federal Beach Erosion Control Project; 2) $9,000 annually for construction of a sand berm; and 3) assume maintenance of Revetment and fund a study to recommend proper course of action should there be a major storm (cost is unknown at this time). With no objections, Mayor Levitt called for a recess at 8:55 p.m. and reconvened the Council meeting at 9:04 p.m. Council deliberated the Surfside requests and concerns: currently the City's budget is tight, City responds to the major problems not yearly problems, no practical access to the public beach off of Pacific Coast Highway, continues to be a private community after annexation into Seal Beach, use of public funds to a private beach, should treat Surfside sand berm the same way as the east beach sand berm, and the City takes property tax but does not give equal services. Speakers: Dave Evans, president of Surfside Colony and KC Coultrup, Surfside Colony director. Deaton moved, second by Sloan to give $9,000 annually towards the cost of the Surfside Colony sand berm. AYES: Deaton, Levitt, Sloan NOES: Miller, Shanks Motion carried CONSENT CALENDAR Shanks moved, second by Miller, to approve the recommended actions on the consent calendar except for items "I" and "L" pulled for separate consideration. The City Attorney read the title to Ordinance No. 1606 (item "F ") for the record. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried C. Approved the minutes of Joint Adjourned City Council and Redevelopment Agency Meeting and Regular Joint City Council and Seal Beach Public Financing Authority Meeting of March 28, 2011. D. Approved the Demands on Treasury. Warrants: 87230 -87375 $2,142,814.82 Year -to -Date: $33,785,999.36 Payroll: Direct Deposits & Checks $254,277.06 Year -to -Date: $5,642,798.52 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. E. Accepted the resignation of Council District 4 representative, Lorraine Navarro - Environmental Quality Control Board. Declared the position vacant and directed the City Clerk to post the "Notice of Special Vacancy" for the required 10 day period. F. Adopted Ordinance No. 1606 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REQUIRING A SPECIAL EVENT PERMIT FOR THE DISPLAY OF FIREWORKS AT LARGE SITES ZONED RECREATIONAL/GOLF (R /G ZONE) " - amending the SBMC Section 7.20.065 to allow, annually on July 4th, fireworks display in the R/G Zone subject to certain conditions. G. Ratified the amended comment letters from the Environmental Quality Control Board (EQCB) regarding potential environmental impacts - 2nd Street & PCH Project (City of Long Beach) and JFTB Black Hawk Project (City of Los Alamitos). El"' 1 F- � Page-5 City Council 04/11/11 H. Received and filed the report on the Review Process for the Proposed DWP Specific Plan Amendment. Removed for separate consideration. *I. Municipal Code Section 8.05.040 - Wheeled Devices on Public and Private Property - Introduce Ordinance No. 1608 amending the SBMC to clarify the riding and operating of certain wheeled devices prohibited in posted locations and City sidewalks. J. Adopted Resolution No. 6123 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AMENDING THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SEAL BEACH AND DUDEK" - approving Amendment No. 3 to the contract (ARCO contamination issue) increasing the "not -to- exceed" amount by $19,930 (total cost $274,930 - reimbursed by ARCO). K. Water Quality Monitoring, Reporting, and Studies - San Gabriel River /Coyote Creek - Adopted Resolution No. 6124 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT WITH THE COUNTY OF ORANGE, ORANGE COUNTY FLOOD CONTROL DISTRICT AND NINE (9) ADJACENT ORANGE COUNTY CITIES FOR FUNDING FOR THE SAN GABRIEL RIVER TMDL MONITORING, REPORTING AND STUDIES" - to comply with the water quality requirements for Copper, Lead and Zinc in the amount of $3,169. L. Removed for separate consideration. *L. College Park Drive Intersection Improvement Project - Update Report - Receive and file. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I" / ORDINANC NO. 1608 / AMEND TITLE 8 SECTION 8.05.040 / WHEELED DEVICES ON PUBLIC AND PRIVATE PROPERTY Mayor Pro Tern Miller pulled this item and stated his concerns that the bike paths are too narrow in some areas in College Park East and bicycle riders need to ride on the sidewalks and should post these areas as exceptions. The Chief of police stated that safety is the main concern and can address the concerns of the Council - this amendment was to help with enforcement of four wheeled devices in Old Town area. Miller moved, second by Deaton, to continue this item to have staff review the concerns in College Park East and include the Mayor's request regarding seniors' ability to travel with their four wheeled motor carts (Gem cars) outside of Leisure World. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "L" / COLLEGE PARK DRIVE INTERSECTION IMPROVEMENT PROJECT/ UPDATE REPORT Councilman Sloan pulled this item to express his appreciation to the City staff for their hard work and getting the cooperation of the 2 cities and 2 counties on this project. Mayor Pro Tern Miller stated Councilman Sloan accomplished this major project for the residents in College Park West. Sloan moved, second by Shanks, to receive and file the update report. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 6 - City Council 04/11/11 PUBLIC HEARING No items at this time. UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. ADJOURNMENT With no objection, the Mayor adjourned the City Council at meeting at 9:46 p.m. to Wednesday, April 13, 2011 at 5:00 for closed session and 6:00 p.m. to meet for the continued 2011 Budget Study Session. F City-'Clerk . /.iii City of Beach Approved: Mayor Attest: r Xln City Clerk G'