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Home My WebLink AboutCC AG PKT 2011-09-12 #BAGENDA STAFF REPORT DATE: September 12, 2011 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REQUEST: C F tv •" �s� ',� tigUFORN�P' Approve the minutes for the adjourned and regular City Council meeting of August 8, 2011. BACKGROUND AND ANALYSIS: Does not apply to this item. ENVIRONMENTAL IMPACT: There is no Environmental Impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no Financial Impact. RECOMMENDATION: Approve the minutes for the adjourned and regular City Council meeting of August 8, 2011. S WITTED Linda Devine, City Clerk ' ;�o I, - i ' In — Attachment: A. Minutes Agenda Item B Seal Beach California August 8, 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 M. Barrow, City Attorney Jill R. Ingram, City Manager Sean P. Crumby, Assistant City Manager /Public Works 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 item identified on the closed session agenda: Item "A" - conference with legal counsel - anticipated litigation - GC §54956.9(b) - Case(s): 2. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:27 p.m. The City Attorney announced that Council gave direction regarding item "A" - there was no other reportable action taken. City Clerk City of Seal Beach Approved: Attest: Mayor City Clerk Page 2 - City Council 08/08/11 Seal Beach California August 8, 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 Sloan leading the Salute to the Flag. ROLL CALL Present: Mayor Levitt Council Members: Deaton, Miller, Shanks, Sloan City Staff: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager Sean P. Crumby, Assistant City Manager /Public Works Mark Persico, Director of Development Services Chief Joe Bailey, Seal Beach Marine Safety /Lifeguard Department Captain Tim Olson, Seal Beach Police Department Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES The City Attorney pointed out that a memo from the City Clerk was given to the Council indicating a clerical error to item "E" - should be District 3 not 2 for the appointment to Planning Commission. Items pulled from the consent calendar: Shanks - items "J" and "N" and Miller - item "H ". Deaton moved, second by Shanks, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS * 9/11 "A Night of Remembering - 10th Anniversary" - Grace Community Church Pastor Don Shoemaker and Vicki Barilla announced there will be a Patriotic Service on Sunday, September 11, 2011 at 7:00 p.m. and invited everyone to attend. ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speakers: Several members of the public spoke regarding the Seal Beach Chamber using outside vendors at their summer concerts and Chamber sponsored events - Chamber members spoke in their own defense; other speakers made comments regarding: item "H" - the lighting issue and urged passing the amended Title 11; item "N" repair of slope at Heron Pointe /Gum Grove Park - and item "Q" - recommended "scoring criteria" for prioritizing potential SCE Rule 20A utility under - grounding improvement projects. Representative from Electric Auto Association, non - profit organization, was present to thank the City for the donation of an old vehicle charging station. There being no other speaker, Mayor Levitt closed oral communications. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report at this time. CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager announced 3 upcoming events: Rivers and Mountain Conservancy will celebrate the restoration of the Hellman Wetlands; Swim meet at the McGaugh swimming pool; and College Park East Kids Swap Meet. Page-3 City Council 08108/11 COUNCIL COMMENTS Councilman Shanks indicated his concerns to the lighting issue; Councilwoman Deaton announced that doggy bags were donated by "Save Our Beach" and are available on Electric Avenue (greenbelt area) and stated the need to correct the lighting problem at the Pavilion shopping center; and Mayor Levitt suggested the Chamber and business owners on Main Street strike a balance regarding Chamber events. COUNCIL ITEMS No items at this time. CONSENT CALENDAR The City Attorney read the title to Ordinance No. 1612 - stated that in section H. it should read "2011 -12" not 2012 -a3 and indicated that for the record Councilman Sloan will abstain in item "O" so there is not an appearance of a conflict of interest. Shanks moved, second by Sloan, to approve the recommended actions on the consent calendar, except for items "H ", "J ", and "N" pulled for separate consideration. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried A. Approved the Minutes of the Adjourned and Regular City Council Meeting of July 25, 2011. B. Approved the Demands on Treasury. Warrants: 88889 -89090 $1,338,095.10 Year -to -Date: $5,528,075.11 Payroll: Direct Deposits & Checks $293,398.44 Year -to -Date: $858,405.55 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. C. Received and filed the Monthly Investment Report: June 2011. D. Adopted Resolution No. 6172 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND AND SUPERSEDING RESOLUTION NUMBER 5661" (City Manager, Director of Administrative Services, and Senior Accountant). E. Ratified the appointment of Robert Goldberg as District 3 representative to fill the unexpired term on the Planning Commission and the appointment of Nora Straight as District 1 alternate on the AdHoc General Plan /Local Coastal Plan Citizens Advisory Committee. F. Adopted Resolution No. 6173 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND JCG TECHNOLOGIES FOR VIDEO STREAMING SERVICES" (first year and set -up $13,468 with the second and third year at $5,988 per year). G. Authorized the City Manager to respond to the comments related to the City of Seal Beach in the Grand Jury Compensation Study of Orange County Cities. H. This item was pulled for separate consideration. (Miller) *H. Title 11 - Zoning Code Amendments (ZTA 11 -1) - Waive further reading and adopt Ordinance No. 1611 adopting Zoning Text Amendment No. 11 -1 amending various provisions of Title 11 - City Municipal Code. Page 4 - City Council 08/08/11 *I. Waived further reading and adopted Ordinance No. 1612 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH TO COMPLY WITH PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH J. This item was pulled for separate consideration. (Shanks) *J. Mutual Aid Agreement for Orange County Lifeguard Agencies - Adopt Resolution No. 6174 approving the Emergency Response Agreement for Open Water Lifeguard Services between 7 agencies, including the City of Seal Beach. K. Adopted Resolution No. 6175 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR THE LAMPSON AVENUE WELL PHASE II — ONSITE EQUIPMENT AND SITE IMPROVEMENTS PROJECT NO. WT0903" (Pacific Hydrotech Corp. in the amount of $2,421,507) L. Adopted Resolution No. 6176 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONTRACT FOR OCEAN AVENUE FROM MAIN STREET TO 14TH STREET WATERLINE AND SEWER REPLACEMENTS PROJECT NO. WT1105" (awarding contract to Mike Bubalo Construction Co., Inc. in the amount of $1,127,320) M. Authorized staff to donate one Legacy Electric Vehicle charging station to a non - profit organization, Electric Auto Association. N. This item was pulled for separate consideration. (Shanks) *N. Heron Pointe / Gum Grove Park Slope Repair - Adopt Resolution No. 6177 approving Budget Amendment No. 12- 02 -01, authorizing use of Park in Lieu Funds for repair work in the amount of $64,392.86 (contract amount awarded to Post Earthworks Construction - 05109/11). O. Adopted Resolution No. 6178 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -9 -0631 BETWEEN THE CITY AND ORANGE COUNTY TRANSPORTATION AUTHORITY" (approve amending to the existing OCTA agreement ($500,000 in available grant funds) (Sloan abstained from voting on this item) ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" / ORDINANCE NO. 1611 / TITLE 11 (ZTA 11-1) (Miller) Mayor Pro Tern Miller provided clarification language to sections 3, 4, 8, 9, and 12. The Council deliberated the proposed language, stated their comments, and came to consensus. Miller moved, second by Levitt to waive further reading and adopt, as amended, Ordinance No. 1611 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING TITLE 11 (ZONING) SECTIONS 11.1.15.020.C, 11.2.05.015.V, 11.4.10.020.A.5, 11.4.10.030.D, 11.4.15.010.A.2, 11.4.20.015.A.1, 11.4.40.020.A, 11.4.40.030.A, 11.5.15-005.13, 11.6.05.010.B, 11.6.05.0101, AND 11.6.05.010.P OF THE SEAL BEACH MUNICIPAL CODE REGARDING ZONING AND DEVELOPMENT STANDARDS" - the City Attorney read the title for the record. (Zone Text Amendment No. 11 -1) AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried With no objections the Mayor called for a recess at 8:51 p.m. and reconvened the meeting at 9:00 p.m. Page - 5 City Council 08/08/11 ITEM "J" / RESOLUTION NO. 6174 / MUTUAL AID AGREEMENT / ORANGE COUNTY LIFEGUARD AGENCIES (Shanks) Councilman Shanks pulled the item to inquire if the City has an agreement with the City of Long Beach for the same type of services - response: no official agreement at this time - have a good working relationship with the City of Long Beach. Shanks moved, second by Sloan, to adopt Resolution No. 6174 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE MUTUAL AID AGREEMENT FOR ORANGE COUNTY LIFEGUARD AGENCIES" (Emergency Response Agreement and Memorandum of Understanding for Open Water Lifeguard Services between 7 agencies, including the City of Seal Beach). AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "N"/ RESOLUTION NO. 6177 / HERON POINTE -GUM GROVE PARK SLOPE REPAIR (Shanks) Councilman Shanks pulled this item to express his support. Shanks moved, second by Miller, to adopt Resolution No. 6177 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET AMENDMENT NO. 12 -02 -01 REVISING THE FISCAL YEAR 2011/12 BUDGET' (authorizing use of Park In -Lieu Funds for repair work in the amount of $64,392.86 - contract amount awarded to Post Earthworks Construction - 05/09/11). AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "P"/ STATE CITIZENS' OPTIONS FOR PUBLIC SAFETY (COPS FUNDS 2011/2012 / SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) GRANT Mayor Levitt stated this was the time for consideration of item "P" public hearing. The Seal Beach Police Captain provided the staff report for this on -going grant. Mayor Levitt opened the public hearing for public comments. There were no speakers, Mayor Levitt closed the public hearing. Deaton moved, second by Miller, to adopt Resolution No. 6170 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING APPROVAL OF THE FISCAL YEAR 2011 -12 CITIZENS OPTION FOR PUBLIC SAFETY - SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND GRANT EXPENDITURE PLAN AND GRANT AND APPROVE BUDGET AMENDMENT 12- 02 -02" (authorizing the acceptance of funds approximating $100,000 provided under State Assembly Bill 3229, Chapter 134). AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS ITEM "Q" / SOUTHERN CALIFORNIA EDISON (SCE) RULE 20A FUNDING / SCORING CRITERIA FOR PRIORITIZING PROJECTS The Assistant City Manager /Public Works gave a brief staff report stating that during the budget process there was a request for undergrounding utilities along Seal Beach Boulevard from Pacific Coast Highway to Electric Avenue - the concern was that there was a need to prioritize potential areas in the City. Staff established a scoring system based upon different criteria to essentially illustrate the needs citywide - the proposed scoring criteria system attempts to make a subjective program scored objectively. Representatives from SCE were present to answer questions. Page 6 - City Council 08/08/11 Council concerns were stated: Not in favor of the proposed scoring criteria system; scoring too simplistic; identify potential sites first before individual resident requests; safety and reliability should be number one; SCE should evaluate the areas and provide cost estimates. The SCE represented clarified some questions and indicated that in most other cities requests were not driven from the council. The Assistant City Manager said that this project was not schedule until the 2014/15 budget cycle. Miller moved, second by Deaton, to receive and file the report - no other action was taken. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ADJOURNMENT With no objection, the Mayor adjourned the City Council meeting at 9:33 p.m., to Thursday, September 8, 2011 at 12:00 noon to meet for City Council /City Staff Goal Setting/Team Building and other business, if deemed necessary, at Fire Station No. 48 located on North Gate Road in Seal Beach. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Seal Beach California August 22, 2011 The regularly scheduled meeting of the City Council for this date was cancelled by action of City Council on January 10, 2011. City Clerk and ex- officio clerk Of the City of Seal Beach 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 City Clerk