HomeMy WebLinkAboutCC Min 2011-08-08Seal 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.
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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 08/08/11
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 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 - 05/09/11).
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.B, 11.6.05.010. B,
11.6.05.010.L, 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 "O" / 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.
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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: A."'('
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.
ity Jerk and ex- fficio clerk
Of the City of Seal Beach