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HomeMy WebLinkAboutCC Min 2011-09-26Seal Beach California September 26, 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: Conference with legal counsel - Item "A" - existing litigation - GC §54956.9(a) - New Cingular Wireless, PCS LLC v. City of Seal Beach - Case No. BC462270; Item "B "- anticipated litigation GC §54956.9(b); and item "C" existing litigation GC §54956.9(c) - California Redevelopment Association, et al., v. Ana Matosantos, et 1, Case No. S1. Mayor Levitt reconvened open session, the City Attorney announced that Council gave the City Attorney direction regarding item "A "; there was no reportable action taken regarding item "B "; and gave authorization to join in an amicus brief in California Redevelopment Association, et al., v. Ana Matosantos, et I., Case No. S1. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:33 p.m. City Clerk City of Seal Beach Approved: 6 C A V Mayor Attest: City Clerk Page 2 - City Council 09/26/11 Seal Beach California September 26, 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 Councilwoman Deaton 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 Chief Robert Luman, Seal Beach Police Department Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Shanks moved, second by Miller, to approve the agenda as presented. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS None at this time. ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speakers: Doug Korthof, Marvista Avenue, stated his concerns regarding asbestos on the DWP site; Lisa Rosen, Marvista Avenue, commented on the effects of asbestos and provided a handout; Seth Eaker, Seal Beach Chamber, gave a report stating the Chamber's support for items "F ", "I ", and "H" - announced upcoming Chamber events; Jenelle Godges, So. Calif. Edison representative, presented a resolution of appreciation to the Mayor and indicated it is SCE's 125th anniversary; Schelley Sustarsic, Founder's Day Committee, invited Council to their 96th Founder's Day event - concert by the pier on October 2nd; Nancey Kredell, Seal Way, expressed her concerns regarding the proposed public parking lot on 13th Street; and Charles Antos, Ocean Avenue, made comments regarding new reports for the DWP property that were not disclosed earlier and expressed his opinion on the draft Housing Element - low /mod housing behind Rossmoor Center. 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 reported on the response the City Clerk's office has received from the ad placed in the Sun newspaper and on the City's website asking for interested persons to submit an application for consideration to serve on various City boards - commissions - committees; responses will be forwarded on to the respective Council members; and staff will bring to the Council on the October 24th agenda seeking Council direction on appointments to the various vacancies. COUNCIL COMMENTS Mayor Pro Tern Miller reported on September 21st thru 23rd he attended the League of California Cities Annual Conference held in San Francisco - in addition to the general sessions he attended sessions on "Smart Grid Preliminary Procedures" and "Code Enforcement ", he also had the opportunity to discuss ideas with other elected officials, and met with various vendors at the conference Page - 3 City Council 09/26/11 - felt it was a beneficial conference - indicated the joint study session regarding the draft Housing Element with the Planning Commission will be at 5:30 p.m. on 10/10/11 and expressed he was neither in agreement with or how it was arrived at with the Rossmoor Shop center being identified as affordable housing area; and Councilwoman Deaton announced the City of Long Beach Planning Commission will be meeting on 10/12/11 at 5:00 p.m. to consider the project on the corner of 2nd Street and PCH and staff will be attending - stated she will be voting against the consent calendar item "F" awarding the River's End Staging Area and Bikeway Enhancement Project No. BP0901 and its amendment because of the Coastal Commission's unreasonable conditions that have been placed upon the project - believes this will jeopardize not only the Seal Beach residents but the visiting public - requested that the Seal Beach police department continue enforcing the laws of our town to ensure the safety of all and maintain our quality of life. COUNCIL ITEMS ITEM "A" / DIAL -A -RIDE PROGRAM The Assistant City Manager /Public Works provided a brief presentation outlining the program, the history, implementation of the $5 fee program, and options for Council consideration: continue the $5 fee program, cancel the $5 fee program, or modify the program. Sloan moved, second by Miller, to cancel the $5 fee program and refund the $20 to those residents who have already purchased the vouchers /coupons. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR Shanks moved, second by Sloan, to approve the recommended actions on the consent calendar. (Note: Deaton cast a no vote on item "F ") AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried B. Approved the Minutes of the Adjourned City Council (Goal Setting /Team Building) Meeting of August 2, 2011 and the Adjourned and Regular City Council Meeting of September 12, 2011. C. Approved the Demands on Treasury. Warrants: 89698 -89854 $1,049,778.56 Year -to -Date: $9,897,616.70 Payroll: Direct Deposits & Checks $280,628.26 Year -to -Date: $1,752,471.11 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. D. Received and filed the Monthly Investment Report: August 2011. E. Adopted Resolution No. 6184 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF A TRANSFER AGREEMENT PURSUANT TO HEALTH AND SAFETY CODE SECTION 34194.2 AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH" (the Agency will transfer funds equal to the payments made by the City to the State - required by AB X1 27). F. Adopted Resolution No. 6185 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONTRACT FOR RIVER'S END STAGING AREA AND BIKEWAY ENHANCEMENT PROJECT NO. BP0901" and approving the plans and specifications (Golden State Constructors in the amount of $1,624,191.85); and adopted Resolution No. 6186 entitled "A RESOLUTION OF THE SEAL BEACH CITY Page 4 - City Council 09/26/11 COUNCIL APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND RBF CONSULTING FOR PROFESSIONAL SERVICES FOR THE RIVER'S END MOUNTAIN CONSERVANCY PROJECT" (in the amount of $31,620 for additional work for Coastal Commission requirements). (Note: Deaton cast a no vote) G. Rejected all bids for Citywide Landscape Maintenance. ITEMS REMOVED FROM THE CONSENT CALENDAR No items removed at this time. PUBLIC HEARING ITEM "H" / CITY COUNCIL REDISTRICTING SUB - COMMITTEE RECOMMENDATION Mayor Levitt stated this was the time for consideration of the recommendation from City Council Redistricting Sub - committee. The Director of Development Services provided the staff report stating that it is required by the City Charter and the State Elections Code that upon receiving the census data that the City review the data and determine that the council districts be as nearly equal in population as possible - the subcommittee met and determined that Districts 2, 4, and 5 did not require any boundary changes and there was a need to change the boundary lines for Districts 1 and 3 in order to balance the population. After exploring several options the subcommittee is recommending that the district boundary for District 1 be moved west to include the blocks of 4th, 5th and 6th Streets between Central Avenue and Marina Drive - the new District 1 boundary would extend to the street centerline of 4th Street and Marina Drive - that change would move 241 residents from the District 3 to the District 1. Councilwoman Deaton stated her concerns using the centerline of 4th Street - this is confusing for the residents as to which council member represents them - suggested moving the line to include both sides of the street. The Director of Development Services stated that the City needs to use the lines drawn by the census because there would be no way to determine the change in population numbers if the City were to change the line to include both sides of the street. Mayor Levitt opened the public hearing for public comments - there were no speakers. Sloan moved, second by Deaton, to close the public hearing, directed staff and the subcommittee to review the census numbers to ensure that this is the best option, and bring an ordinance for introduction at the next public hearing scheduled for October 10th. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED /CONTINUED BUSINESS ITEM "I" / RESOLUTION NO. 6187 / LEASE AGREEMENT FOR PUBLIC PARKING / OLD TOWN PARKING UPDATE The Assistant City Manager /Public Works presented the staff report giving the background on the 2 situations that caused the current shortage of approximately 45 parking spaces in the area located along Electric Avenue (green belt) in Old Town - listed several ideas generated from the community meetings - provided details on potential recommended solutions. Council comments and concerns: thanked Orange County Fire Authority for their cooperation with this issue; need to look into the issue of apartment owners renting spaces separate from the renters - causing renters to park in the streets; inquired about the police department purchasing left side drive and /or electric parking vehicles; complaints from residents that parking enforcement is not catching all violators; addressed the concern brought up regarding vagrants in the proposed parking lot and the flow of traffic; and staff needs to continue to contact the neighbor next to the proposed parking lot. 1 1 1 Page - 5 City Council 09/26/11 Deaton moved, second by Shanks, to adopt Resolution No. 6187 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE PROPERTY OWNER OF 328 - 13TH STREET FOR PUBLIC PARKING ", receive and file the report, and directed staff to continue to try and contact the neighbor next to the parking lot. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried NEW BUSINESS ITEM "J" / RESOLUTION NO. 6188 / LAMPSON AVENUE MEDIAN IMPROVEMENTS PROJECT NO. ST1108 / AWARD CONTRACT - ALL AMERICAN ASPHALT, INC. The Assistant City Manager /Public Works gave the staff report providing the background regarding the proposed item - current total estimated cost is $1,357,000 - approved budgeted amount is $857,000 (grant amount of $500,000 - City matching general fund amount $357,000) - the City is attempting to secure additional funding from either Caltrans or Orange County Transportation Authority - if additional funding is not secured, the City may reduce the scope of the project - shortfall amount may be funded from other City sources - City can reject all bids and try and request for a delay in awarding the project but may risk losing the federal grant funds - staff recommends Council award the contract to All American Asphalt in the full amount of $1,131,131 - listed the proposed reduction to the scope of work if additional funding is not acquired. Council stated their comments and staff responded to the question about returning grant funds and modification of the grant: it does not preclude the City from future requests but may be more difficult in being awarded the funds - currently staff is working out the details to the individual pay items of the funds. Miller moved, second by Deaton, to cancel the State grant and bring back an item at a future date for Council consideration to utilize a portion of the budgeted $357,000 (general funds) to plant needed trees and shrubs in the bare areas of Lampson Avenue and improve the flower beds with no overnight closures. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Deaton moved, second by Shanks, to reject all bids - no other action taken. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Mayor Levitt recessed the City Council meeting to the Seal Beach Redevelopment Agency meeting at 8:40 p.m. and reconvened the City Council meeting at 8:42 p.m. ADJOURNMENT With no objections the Mayor adjourned the City Council at 8:42 p.m. to Monday, October 10, 2011 at 5:30 p.m. for a joint meeting with the Seal Beach Planning Commission to review the draft Housing El e ent. City Jerk City of Seal Beach Approved: Mayor Attest: Ci Clerk