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Home My WebLink AboutCC Min 2011-11-14Seal Beach California November 14, 2011 Mayor Levitt called the adjourned meeting of the Seal Beach City Council to order at 6:30 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Levitt Council Members: Deaton, Miller, Shanks, Sloan Staff present: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager Sean P. Crumby, Assistant City Manager /Public Works Mark Persico, Director of Development Services Linda Devine, City Clerk 1 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) and (c) After the Mayor reconvened open session, the City Attorney reported there was no reportable action taken. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:59 p.m. Cit Clerk City of Seal Beach Approved: - '-) Mayor Attest: City Clerk 1 Page 2 - City Council 11/14/11 Seal Beach California November 14, 2011 The City Council of the City of Seal Beach met in regular session at 7:03 p.m. with Mayor Levitt calling the meeting to order and Mayor Pro Tern Miller lead 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 Shally Lin, Interim Director of Finance Linda Devine, City Clerk APPROVA OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES The City Manager requested that item "J" be continued to the December 12 Council meeting and removed item "K" from the Consent Calendar for separate consideration; other items pulled from the Consent Calendar — Shanks pulled item "L" and Miller pulled item "M ". Sloan moved, second by Miller, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried SPECIAL RECOGNITIONS Mayor Levitt made a brief comment on the October 12, 2011 Salon Meritage shooting that affected the entire community and expressed, on behalf of the entire City Council, their sincere gratitude to the numerous jurisdictions and multitude of agencies for their assistance to the City. The Mayor introduced Police Chief Luman who read the names of the agencies and asked the Council members to come to the front so they can all personally thank them with a proclamation. Chief Luman read the proclamation and indicated there would be a group picture taken out in the courtyard. The following agencies assisted the Seal Beach Police Department on October 12, 2011 — Salon Meritage shooting: *American Red Cross *Anaheim Police Department *Bureau of Alcohol Tobacco, Firearms and Explosives *California Highway Patrol *CARE Ambulance Service *Center for Spiritual Living Seal Beach *Community Service Programs, Inc. /Crisis Response Team *Cypress Police Department *Federal Bureau of Investigation *Garden Grove Police Department *Grace Community Church *Huntington Beach Community Emergency Response Team *Huntington Beach Fire Department *Huntington Beach Police Department *La Palma Police Department *Long Beach Police Department *Long Beach Public Works Department *Long Beach Search and Rescue *Long Beach Transit *Los Alamitos Police Department *New Hope Grief Support Community *Orange County District Attorney's Office *Orange County Fire Authority *Orange County Public Library (Mary Wilson Library) *Orange County Sheriff's Department *Port of Long Beach *SBTV -3 Seal Beach Community Television *Seal Beach Chamber of Commerce *Seal Beach Leo Club *Seal Beach Lions Club *Seal Beach Ladies Of The Evening - LOTE *Seal Beach Volunteers in Police Service *Seal Beach Woman's Club *Trauma Intervention Program, Inc. (TIP) *Watson & Associates *West Cities Police Communications Dispatch Center *West Orange County Regional Community Emergency Response Team *Westminster Police Department 1 Ll 1 Page 3 - City Council 11/14/11 With no objections Mayor Levitt called a recess as 7:30 p.m. and reconvened the meeting at 7:40 p.m. PRESENTATIONS /RECOGNITIONS * Division Chief Ed Fleming - Retirement - Orange County Fire Authority Chief Fleming was not present — plaque will be mailed. * "Shop Local" - Seal Beach Chamber of Commerce Seal Beach Chamber of Commerce President, Nat Ferguson, received the proclamation and thanked the Council. * "10th Anniversary'- Seal Beach Police Department Chaplain Program Senior Chaplain Don Shoemaker and Chaplain George Vogel were present to receive the proclamation. * "Entrepreneurship Week" — November 14 -20, 2011 Not present — will mail the proclamation. * "Pancreatic Cancer Awareness Month" — November 2011 Not present — will mail the proclamation. ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speakers: Seth Eaker, Seal Beach Victims' Fund Trust Representative /13 Street resident, provided an update on the first disbursement of funds ($150,000), stated that all fundraising monies must be received by Bank of America no later than December 30, 2011, and all funds will be disbursed shortly after that - spoke in support of item "M "; Esther Kenyon, Seal Beach Chamber Chief Executive Officer, indicated the Chamber's support on item "M" and reported on their upcoming events; Nat Ferguson, Seal Beach Chamber President, expressed support for item "M "; Robert Goldberg, Clipper Way, provided a powerpoint on Dial -A -Ride program and stated his concerns regarding the use of the program for trips inside Leisure World; George Early, Leisure World, spoke against the use of the City's transportation program inside Leisure World because the residents in Leisure World already have a bus service available; Rich Moody, 13 Street — Paul Mangoni, 16 Street — Trac�r Miller, 13 Street, all spoke in opposition to the parking lease agreement at 13 Street (Chevron gas station), indicated the property is contaminated and the County Health Department is working with property owners to clean -up the area. There being no other speakers, 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 highlighted the City's recreation guide stating it was dedicated to the victims of the October 12 shooting, thanked the Community Services staff for putting it together and also wished everyone a safe Thanksgiving holiday. COUNCIL COMMENTS Councilman Sloan expressed his condolences to the Charles Cohen family — Charles was a resident of College Park West and active member of the community; Councilman Shanks commented that members of the community should send recommendations for a memorial for the victims of the shooting to the City Manager; Mayor Pro Tern Miller reported on the Joint Forces activities and requested that the City Attorney draft a letter under the Freedom of Information Act regarding projects planned for the base (Mayor so ordered) — discussed the need to have all committee, board, and commission meetings audio taped and be made available to the public (Mayor so ordered to agendize); Councilwoman Deaton requested that the City send a letter to Long Beach expressing the City's objections and concerns to the 2nd Street and PCH project Page 4 - City Council 11/14/11 (Mayor so ordered); and Mayor Levitt read 2 letters he received regarding the shooting incident — asked for community input regarding the type of memorial — inquired about using trust funds for the memorial (Seth Eaker stated the trust document does not allow the use of funds for this type but will bring up at the next trustee meeting). COUNCIL ITEMS ITEM "A" / REVIEW VACANCIES / 2011 SEAL BEACH BOARDS, COMMISSIONS, AND COMMITTEES The City Council discussed the vacancies on the AdHoc GeneralPlan /Local Coastal Plan Citizens Advisory Committee: Miller stated he wanted to continue the resignation of Richard D'Sa and Council accepted the resignation of Rallie Rallis as the representative for District 5; Shanks moved, second by Deaton, to approve Libby Applegate as member -at- large. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Sloan moved, second by Deaton, to appoint Kevin Kroft as District 2 alternate. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried And Miller moved, second by Deaton, to appointment Paul Christianson as District 4 alternate. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Levitt moved, second by Deaton, to appoint Roger Bennett as District 5 representative to the Environmental Quality Control Board. 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 except for items "K" — "L" — "M" removed for separate consideration. (Item "J" was continued to December 12 Council meeting) AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried B. Approved the Minutes of the Adjourned and Regular City Council Meeting of October 10, 2011 and the Regular City Council Meeting of October 24, 2011. C. Approved the Demands on Treasury. Warrants: 90233 -90520 $1,521,393.07 Year -to -Date: $15,110,827.28 Payroll: Direct Deposits & Checks $506,372.84 Year -to -Date: $2,788,414.95 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: September 2011. Page 5 - City Council 11/14/11 E. Adopted Resolution No. 6198 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET MODIFICATION NO. 11 -12 -04 REVISING THE FISCAL YEAR 2010/11 BUDGET" and Resolution No. 6199 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET MODIFICATION NO. 12 -05 -01 REVISING THE FISCAL YEAR 2011/12 BUDGET ". (Agenda Items "H" and „ I 1, ) F. Adopted Resolution No. 6200 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REQUESTING EMPLOYMENT EXTENSION PER GOVERNMENT CODE SECTION 21221(H) (INTERIM CHIEF OF POLICE) AND APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH ROBERT M. LUMAN FOR INTERIM CHIEF OF POLICE SERVICES ". (extended to June 30, 2012) G. Adopted Resolution No. 6201 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING CALIFORNIA OFFICE OF TRAFFIC SAFETY "AVOID THE 26" DRIVING UNDER THE INFLUENCE CAMPAIGN PROJECT PROGRAM MONIES VIA THE CITY OF ANAHEIM" - directing the City Manager to enter into a Memorandum of Understanding with the State of California under which the City of Anaheim will serve as the applicant/fiscal agent. H. Authorized budget modification in the amount not exceed to $4,000 for use of the State Office of Administrative Hearings (OAH) as the code enforcement appeal hearing officer for Administrative Citations. (Agenda Item "E" - Budget Amendment No. 12- 05 -01) I. Adopted Resolution No. 6202 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR THE HERON POINT SLOPE REPAIR PROJECT NO. PR1101" and file the Notice of Completion with the County of Orange. (Earthworks Constructors, Inc. - total cost $69,392.86). (Agenda Item "E" - Budget Amendment No. 12- 05 -01) J. Continued to the December 12, 2011 City Council Meeting. *J. Joint Paving Project of San Gabriel River Bike Trail — Adopt Resolution No. 6203 approving a joint agreement with the City of Long Beach in the amount of $200,000 for construction improvements on San Gabriel River Bike Trail from Pacific Coast Highway to Wardlow Road. K. Removed for separate consideration. (City Manager) *K. Electric Vehicle (EV) Charging Station Fee Update — Adopt Resolution No. 6204 updating a fee and regulations for EV charging stations, rescinding Resolution No. 6128, and revising Resolution No. 5898 (City's Master Fee Schedule). L. Removed for separate consideration. (Shanks) *L. Old Town Parking Update — Considering directing the City Manager to cancel the parking lease agreement for the property located at 1300 Pacific Coast Highway (Chevron). M. Removed for separate consideration. (Miller) *M. Main Street Lighting — Adopt Resolution No. 6205 approving an agreement with Fehr & Peers to prepare a street light study on Main Street in the amount of $29,925. Page 6 -City Council 11/14/11 ITEMS REMOVED FROM THE CONSENT CALENDA ITEM "K" / RESOLUTION NO. 6204 / ELECTRIC VEHICLE CHARGING STATION FEE / UPDATE FEE SCHEDULE (Staff) The Assistant City Manager provided a brief staff report stating that staff worked with Southern California Edison and the City Attorney's office and concluded that the City may pass along to the end user the energy cost of $2.16 per kilo watt hour — the proposed new rate is the original rate of $1.21 plus the $2.16 making the new rate $3.17 per hour for a maximum of 2 hours. Shanks moved, second by Miller to adopt Resolution No. 6204 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL UPDATING A FEE AND REGULATIONS FOR ELECTRIC VEHICLE CHARGING STATIONS — RESCINDING RESOLUTION NO. 6128 - REVISING RESOLUTION NO. 5898 (CITY'S MASTER FEE SCHEDULE)" AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "L" / OLD TOWN PARKING LEASE AGREEMENT (Shanks) After Council members stated their comments — Shanks moved, second by Deaton, directing the City Manager to send a letter to the property owners at 1300 Pacific Coast Highway (Chevron) cancelling the parking lease agreement. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "M "_ /_RESOLUTION NO. 6205 / MAIN STREET LIGHTING STUDY / FEHR & PEERS (Miller) Mayor Pro Tern Miller inquired about the use of parking in -lieu fees for this project — the City Attorney stated that this was legal use of funds. Miller also requested that the study be reviewed by the City Tree Advisory Board. Miller moved, second by Shanks, to adopt Resolution No. 6205 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH FEHR & PEERS FOR THE MAIN STREET LIGHTING STUDY" (in the amount of $29,925). AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING No items at this time. UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS ITEM "N" / RECONFIRM 2011 MAYORAL APPOINTMENTS / SEEK OPINION LETTER FROM FPPC The City Attorney indicated that the Fair Political Practice Commission issued letters to several City Council members throughout the county stating a sworn complaint was filed by a gentleman sighting that Section 87100 of the Political Reform Act was violated - all appointments to outside agencies that receive compensation /stipend over $250 per year cannot be voted on by the council member being appointed. Historically in Seal Beach and other Orange County cities, the Mayor appoints council members to outside boards, agencies, and organizations and the City Council confirms /ratifies the appointments. To comply with Section 87100 the City Council took the following action to reconsider the appointments to each outside board that provides a stipend /compensation: 1 1 Page 7 - City Council 11/14/11 Levitt moved, second by Miller, to appoint Shanks as the City's alternate on the Orange County Fire Authority Board. Shanks recused himself and left the Council Chambers. AYES: Deaton, Levitt, Miller, Sloan NOES: None ABSTAIN: Shanks Motion carried Levitt moved, second by Miller, to appoint Shanks as the City's alternate on the Orange County Sanitation District Board. Shanks recused himself and left the Council Chambers. AYES: Deaton, Levitt, Miller, Sloan NOES: None ABSTAIN: Shanks Motion carried Councilman Shanks returned to the Council Chambers. Levitt moved, second by Miller, to appoint Sloan as the City's representative on the Orange County Fire Authority Board. Sloan recused himself and left the Council Chambers. AYES: Deaton, Levitt, Miller, Shanks NOES: None ABSTAIN: Sloan Motion carried Councilman Sloan returned to the Council Chambers. Levitt moved, second by Shanks, to appoint Miller as the City's representative on the West Orange County Water Board. Miller recused himself and left the Council Chambers. AYES: Deaton, Levitt, Shanks, Sloan NOES: None ABSTAIN: Miller Motion carried Mayor Pro Tern Miller returned to the Council Chambers. Deaton moved, second by Miller, to appoint Levitt as the City's representative on the Orange County Sanitation District Board. Levitt recused himself and left the Council Chambers. AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSTAIN: Levitt Motion carried Deaton moved, second by Miller, to appoint Levitt as the City's alternate on the West Orange County Water Board. Levitt recused himself and left the Council Chambers. AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSTAIN: Levitt Motion carried Deaton moved, second by Miller, to appoint Levitt as the City's representative on the Orange County Vector Control Board. Levitt recused himself and left the Council Chambers. AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSTAIN: Levitt Motion carried Page 8 - City Council 11/14/11 Mayor Levitt returned to the Council Chambers. With no objections, Mayor Levitt directed the City Attorney to seek an opinion letter from the FPPC clarifying the interpretation of Section 87100 as it applies to future appointments. ADJOURNMENT With no objections the Mayor adjourned the City Council at 8:58 p.m. to Monday, December 12, 2011 at 6:00 p.m. to closed session, if deemed necessary. The meeting was adjourned in the memory of Charles Cohen long time College Park West resident and active community member. ity Clerk City of Seal Beach Approved: Attest: / City Clerk 1 Seal Beach California November 28, 2011 The regularly scheduled meeting of the City Council for this date was cancelled by action of City Council on January 10, 2011. itV Clerk and a - officio clerk Of the City of Seal Beach