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HomeMy WebLinkAboutCC AG PKT 2011-06-27 #A AGENDA STAFF REPORT DATE: June 27, 2011 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF MINUTES - CITY COUNCIL SUMMARY OF REQUEST: Approve minutes for the adjourned and regular City Council meeting of June 13, 2011. BACKGROUND AND ANALYSIS: None FINANCIAL IMPACT: None RECOMMENDATION: Approve minutes for the adjourned and regular City Council meeting of June 13, 2011. SUBMITTED BY NOTED AND APPROVED: 4. AAA A R. : Crn Lin • a Devine, ity Clerk I R. Ingram, Ci g anager Attachment: A. Minutes Agenda Item A Seal Beach California June 13, 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 Members: Deaton, Miller, Shanks, Sloan Also present: Quinn Barrow, City Attorney Jill R. Ingram, Acting City Manager Linda Devine, City Clerk 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 other items identified on the closed session agenda: Item "A" - public employment - GC §54957 - City Manager and GC §54957.6 - labor negotiation (City Manager and Executive/Mid Management); item "B" - conference with legal counsel - GC §54956.9(b) - anticipated litigation (2 cases) ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the meeting at 6:50 p.m. The-City Attomey reported out in open session the only reportable action taken was that the City Manager and Council came to agreement on the retirement plan (CaIPERS) of the 3 year contract. (5. BENEFITS. In addition to base salary, City shall provide to Employee the following benefits: Retirement Plan. Employee is required to participate in City's Califomia Public Employees' Retirement System (CaIPERS) retirement program and to make an employee contribution toward the program in the amount of seven percent (7 %) of her compensation eamable. The City will pay, on behalf of Employee, a portion of the required employee contribution to CaIPERS, as follows City shall contribute the following amounts toward the required employee contribution to CaIPERS: seven percent (7 %) of Employee's compensation earnable in fiscal year 2011 -12 and four percent (4 %) of Employee's compensation eamable in fiscal year 2012 -13. Thereafter, Employee shall make the entire required employee contribution to CaIPERS.) City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2 - City Council 06/13/11 Seal Beach California June 13, 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 Mayor Pro Tem Miller leading the Salute to the Flag. ROLL CALL Present: Mayor Levitt Council Members: Deaton, Miller, Shanks, Sloan City Staff: Quinn Barrow, City Attorney Jill R. Ingram, Acting City Manager Captain Tim Olson, 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 The City Manager requested that the agenda be re- ordered and the Council consider Council Item "A" and Consent Calendar Item "I" before Oral Communications. The City Attorney announced that in closed session the City Manager and City Council came to an agreement regarding her 3 year contract (retirement - CaIPERS: City shall contribute the following amounts toward the required employee contribution to CaIPERS: seven percent (7 %) of Employee's compensation earnable in fiscal year 2011 -12 and four percent (4 %) of Employee's compensation earnable in fiscal year 2012 -13. Thereafter, Employee shall make the entire required employee contribution to CaIPERS.) Deaton moved, second by Miller, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS None at this time. ITEMS RE- ORDERED ITEM "A" / COLLEGE PARK EAST NEIGHBORHOOD ASSOCIATION / FIRST FAMILY / SUGIHARA FAMILY Miller moved, second by Sloan, to adopt Resolution No. 6137 entitled " A Resolution of the Seal Beach City Council joining the College Park East Neighborhood Association in recognizing Tommy and Keiko Sugihara as College Park East's First Family." Mayor Levitt and Mayor Pro Tem Miller presented the resolution to the Sugihara Family. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "I" / BAY CITY PARTNERS (BCP) SETTLEMENT AGREEMENT AND MUTUAL RELEASE / SUMMARY REPORT The Director of Development Services summarized the settlement agreement with Bay City Partners. The City Attorney stated this was not the time to discuss the merits of the property/project; there will be other opportunities/meetings to deal with the various issues regarding the proposed development; and there is not a pre- commitment made by Council. There were 8 speakers in favor of the Council's action to settle and to move forward with the process and there were 8 speakers against the terms of the settlement. Page - 3 City Council 06/13/11 With no objections Mayor Levitt called for a recess at 8:10 p.m. and reconvened the meeting at 8:20 p.m. Councilwoman Deaton asked staff for clarification: The settlement agreement agreed to stop litigation, pay BCP $900,000 for a sewer easement needed for the health and welfare of the citizens, and to allowed the City to lease the driveway access owned by BCP to the beach for $1 a year - there have been no zone changes - the settlement agreement states that the City would process BCP's plan /project like any other that comes before the City, with no prejudice - any proposed plan /project will go through all the committees and commissions for public input and discussion before any final determination is made. Shanks moved, second by Miller, to receive and file the report. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speakers: Esther Kenyon, Seal Beach Chamber, read positive comments from merchants regarding the car show; and Ray Ybaben, former resident of Seal Beach, stated his opinions regarding the running of the Seal Beach tennis center. There were no other speakers, Mayor Levitt closed oral communications. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report was given. CITY MANAGER REPORT Jill R. Ingram, Acting City Manager The City Manager commented on the Orange County Grand Jury's report regarding compensation and indicated that the City will follow the recommendation on transparency disclosure model and asked Captain Olson, Seal Beach Police Department, to report on the West OC Response Team - volunteers handed out flyers throughout the neighborhoods over the weekend the activity was called "Operation Frequent Flyer'. COUNCIL COMMENTS Councilman Shanks inquired about the historical society having diagrams of the DWP property and suggested that City staff review them. COUNCIL ITEMS Re- ordered - considered before "Oral Communications" A. College Park East's First Family — Residents Since June 15, 1966 (College Park East Neighborhood Association) - Adopt Resolution No. 6137 joining the College Park East Neighborhood Association in recognizing the Sugihara Family as the "First Family of College Park East". (Miller) CONSENT CALENDAR Shanks moved, second by Miller, to approve the recommended actions on the consent calendar except for item "I" (was re- ordered and considered before Oral Communications). The City Attorney read the titles of the ordinances for the record (item "E" and item "K "). AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried B. Approved the Minutes of the 2011 Budget Study Sessions and the Adjoumed and Regular City Council Meeting of May 9, 2011. Page 4 - City Council 06/13/11 C. Approved the Demands on Treasury. Warrants: 87762 -88257 $1,696,481.40 Year -to -Date: $37,511,744.62 Payroll: Direct Deposits & Checks $747,397.95 Year - to-Date: $6,900,070.05 Year-to-date are actual cash disbursements and do not reflect adual expenditures due to year -end accruals. D. Received and filed Monthly Investment Report: April 2011. E. Received and filed the Utility Users Tax (UUT) Annual Review and introduced Ordinance No. 1610 amending section 4.50.070 of the Municipal Code to schedule the annual rate review be presented during the budget adoption process. F. Adopted Resolution No. 6138 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND MATRIX CONSULTING GROUP FOR PREPARATION OF A COST ALLOCATION PLAN AND A USER FEE STUDY ". (in the amount of $24,460) G. Adopted as amended Resolution No. 6139 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPOINTING JILL R. INGRAM AS CITY MANAGER AND APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY AND MS INGRAM". (base salary of $190,000 plus benefits (3 year term) effective July 1, 2011) H. Ratified the appointment of Beth Ratterrath as the representative for District 5 to the Department of Water and Power (DWP) Advisory Committee. I. Item was re- ordered and considered before "Oral Communications ". I. Summary Report on Bay City Partners Settlement Agreement and Mutual Release with the City of Seal Beach - Receive and file. J. Adopted Resolution No. 6140 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND KOSMONT COMPANIES FOR A PEER REVIEW OF THE BAY CITY PARTNERS HOTEL STUDY ON THE DWP SPECIFIC PLAN SITE ". (not to exceed $19,000 - reimbursed by BCP) K. Waived further reading and adopted Ordinance No. 1608 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 8.05.040 OF THE SEAL BEACH MUNICIPAL CODE RELATING TO WHEELED DEVICES ON PUBLIC AND PRIVATE PROPERTY". (to clarify the riding and operating of certain wheeled devices prohibited in posted locations and City sidewalks) The City Attorney read the title for the record and indicated a cross reference was added. L. Adopted Resolution No. 6141 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVE THE AGREEMENT WITH THE ORANGE COUNTY HEALTH CARE AGENCY FOR ENHANCEMENT OF THE CITY'S POINT OF DISTRIBUTION (POD) SITE PLAN ". (planning services agreement FY 2010/2011) M. Adopted Resolution No. 6142 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH DIAMOND STAFFING SERVICES, INC. FOR PART - TIME VEHICLE MAINTENANCE STAFFING SERVICES ". (rate of $33 per hour and a maximum of 30 hours per week) Page - 5 City Council 06/13/11 N. Adopted Resolution No. 6143 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF SEAL BEACH ". Orange County Transportation Authority (OCTA) Measure "M" Capital Improvement Program - Master Plan of Arterial Highways (MPAH) for the purposes of re- qualifying for participation in the Combined Transportation Funding Programs. O. Adopted Resolution No. 6144 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING THE STATE REVOLVING FUND LOAN PROGRAM (SEWER CAPITAL FUND) ". State Revolving Fund Project No. C -06- 5310 -110, Agreement No. 10- 838 -550 ( "College Park East" for the amount of $2,650,000) and State Revolving Fund Project No. C -06- 5310 -120, Agreement No. 10- 842 -550 ( "Southern City" for the amount of $1,100,000). P. Adopted Resolution No. 6145 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE WEST ORANGE COUNTY WATER BOARD FISCAL YEAR 2011 -2012 OPERATING BUDGET". (The total operating and capital expenses for FY 11/12 are $166,500 - City of Seal Beach's share is $20,872.) ITEMS REMOVED FROM THE CONSENT CALENDAR Item "I" was re- ordered on the agenda for Council consideration before "Oral Communications ". PUBLIC HEARING ITEM "Q" / RESOLUTION NO. 6146 / FISCAL YEAR 2011/2012 ANNUAL BUDGET / 5 -YEAR CAPITAL PROGRAM Mayor Levitt stated this was the time for consideration of item "0" public hearing. The Director of Administrative Services provided a recap of the annual budget. Mayor Levitt opened the public hearing for public comments. Speaker: Robert Goldberg, Clipper Way, reiterated his opinion regarding using AQMD reserve funds towards the electric charging stations in the City. There were no other speaker, Mayor Levitt closed the public hearing. After brief Council comments, Sloan moved, second by Miller, to adopt Resolution No. 6146 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING THE FISCAL YEAR 2011/12 OPERATING BUDGET, 5 -YEAR CAPITAL IMPROVEMENT PROGRAM, SETTING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2011, AND AUTHORIZING APPROPRIATIONS BY FUND ". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "R" / RESOLUTION NO. 6147 / 2011/2012 STREET LIGHTING DISTRICT NO. 1 / DIAGRAM, ASSESSMENT, AND LEVYING ASSESSMENTS Mayor Levitt stated this was the time for consideration of item "R" public hearing. The Director of Administrative Services presented the staff report (consultants were present to answer any questions). Mayor Levitt opened the public hearing for public comments. There were no speakers, Mayor Levitt closed the public hearing. Councilman Sloan received clarification on the assessment charges /rates in the different zones. Miller moved, second by Shanks, to adopt Resolution No. 6147 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL CONFIRMING THE DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR STREET LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2011 -12 ". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 6 - City Council 06/13/11 ITEM "S" / 2010 UPDATE TO URBAN WATER MANAGEMENT PLAN Mayor Levitt stated this was the time for consideration of item "S" public hearing. The Director of Public Works presented the staff report explaining that after the public hearing this item will be on the next Council agenda for adoption. Mayor Levitt opened the public hearing for public comments. There were no speakers, Mayor Levitt closed the public hearing. Consultants from Malcolm Pirnie were present to answer questions. Mayor Pro Tem Miller inquired about the numbers used in the report - response that the numbers were correct when compiling the report. Sloan moved, second by Miller to set June 27, 2011 to adopt the 2010 Update to the Urban Water Management Plan. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS ITEM "T' / COUNTY OF ORANGE FLOOD CONTROL DISTRICT / REQUEST WAIVER OF CITY WATER SERVICE CONNECTION FEE The Director of Public Works gave a brief staff report outlining the county's request. A representative from the county was present to answer Council questions. After Council deliberation, Sloan moved, second by Miller to waive the City's water service connection fee of $89,331 for the County of Orange Flood Control District. AYES: Levitt, Shanks, Sloan NOES: Deaton, Miller Motion carried At 9:38 p.m., Mayor Levitt recessed the City Council to the Redevelopment Agency meeting and reconvened the Council meeting at 10:42 p.m. ADJOURNMENT With no objection, the Mayor adjoumed the City Council at meeting at 10:42 p.m. to Monday, June 27, 2011 at 6:00 p.m. to meet in closed session, if 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, it should not be considered a true record of the meeting It is not the official Minutes of the City Council and cannot be rehed on or used es 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 City Clerk.