HomeMy WebLinkAboutCC AG PKT 2012-03-12 #AAGENDA STAFF REPORT
DATE: Mach 12, 2012
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:
Approve the minutes for the adjourned and regular City Council meeting of
February 27, 2012.
BACKGROUND AND ANALYSIS:
This section 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
February 27, 2012.
SUBMITTED BY:
»nh,
Linda Devine, City Clerk
NOTED AND APPROVED:
R. Ingram, Cit+ ager
Agenda Item A
Seal Beach California
February 27, 2012
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
Staff 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
items identified on the closed session agenda: Item "A" — Anticipated Litigation —
GC §54956.9 (b) & (c) — 1 case(s) and item "B" - Public Employment - GC §
54957 — Title: City Manager
After the Mayor reconvened open session, the City Attorney announced the City
Council gave direction to item "A" and no other reportable action was taken.
ADJOURNMENT
It was the order of the Mayor, with consent of the Council to adjourn the meeting
at 6:50 p.m.
Approved:
Mayor
Attest:
City Clerk
City Clerk
City of Seal Beach
Page 2 - City Council 02/27/12
Seal Beach California
February 27, 2012
The City Council and the Successor Agency to the Seal Beach Redevelopment
Agency 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 /Chair Levitt
Council /Board Members: Deaton, Miller, Shanks, Sloan
City Staff: Quinn M. Barrow, City Attorney /Legal Counsel
Jill R. Ingram, City Manager /Executive Director
Sean P. Crumby, Assistant City Manager /Public Works
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 /Secretary
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
& ORDINANCES
Councilman Sloan removed item "J" and Councilwoman Deaton removed item
"L" from the Consent Calendar for separate consideration. Shanks moved,
second by Miller, to approve the agenda as amended.
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
The Mayor introduced Orange County District Attorney, Tony Rackauckas who
was present to express his support for Seal Beach Ordinance No. 1615 — Child
Safety Zone.
PRESENTATIONS /RECOGNITIONS
ITEM "A" / RESOLUTION NO. 6224 / BUDGET MODIFICATION NO. 12 -08 -01 /
FISCAL YEAR 2001/2012
The interim Director of Finance and Senior Accountant gave a presentation to
Council reviewing the mid -year budget. Council discussed what was presented.
Speakers: Seth Eaker, 13th Street, commented on the mid -year budget
presentation and Robert Goldberg, Clipper Way, inquired about the cable
franchise fee - compensated absences - traffic impact fees.
Deaton moved, second by Shanks, to adopt Resolution No. 6224 entitled "A
RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET
MODIFICATION NO. 12 -08 -01 FOR FISCAL YEAR 2011/2012 BUDGET
MODIFICATION ".
With no objections Mayor Levitt called for a recess at 7:57 p.m. and reconvened
the meeting at 8:03 p.m.
ORAL COMMUNICATIONS
Mayor Levitt opened oral communications. Soeaker(s): Diana Brunjes, Bay
Hardware; Rob Jenki, Javatini's; and Bob O'Rear, Seabreeze Drive, all
commented on item "L" (Main Street Tree Improvement); Esther Kenyon, Seal
Beach Chamber of Commerce, expressed the Chamber's support on agenda
items "A"-"G"-"J"-"L"; Ron Casey, Rossmoor, and Tom Cripps, Montecito Road,
spoke on item "N" (Impact Studies); Seth Eaker, 13th Street, spoke on items "G "-
"L - "J" and commented on other events; Charles Antos, Ocean Avenue, referred
to articles in the Sun newspaper regarding the DWP property; Robert Goldberg,
Clipper Way, commented on items "B" and "F"; Joyce Parque, 6th Street, spoke
on several subjects; Paul Caoulette and Ellen Maddox expressed their opinions
Page - 3 City Council 02/13/12
with regards to item "R" (Memorial Committee Report). There being no other
speakers, Mayor Levitt closed oral communications.
CITY ATTORNEY REPORT
No report at this time.
CITY MANAGER REPORT
Quinn M. Barrow, Esq., City Attorney
Jill R. Ingram, City Manager
The City Manager introduced Administrative Manager Patrick Gallegos and
informed the public that all powerpoint presentations from tonight's meeting will
be posted on the website (SuiteOne) after the meeting.
COUNCIL COMMENTS
The Council members expressed their pleasure in seeing the Mayor at the
meeting after his surgery. Councilwoman Deaton announced the upcoming
public meeting on Wednesday, February 29th regarding Main Street lighting
project.
COUNCIL ITEMS
ITEM "B" /AUDIO RECORDING MEETINGS
The Assistant City Manager gave a brief staff report. Council discussed the
options presented and consensus was not to broadcast the audio recordings live
on the website. Deaton moved, second by Miller, directing staff to come back
during budget process with a recommendation on best practices on audio
recording only those meeting requested by council and directed staff to audio
record all committee meetings related to the DWP project.
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
CONSENT CALENDAR
Sloan moved, second by Deaton, to approve the recommended actions on the
consent calendar except for items "J" and "L" pulled for separation consideration.
The City Attorney indicated that the Council received a memo at the dais with
revised language to item "G" - Ordinance No. 1615 ( §7.70.015) and read the title
for the record. (Copies were made available at the City Clerk's desk.)
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
*C. Approved the Minutes of the Special Adjourned and Regular City Council
meeting of February 13, 2012.
*D. Approved the Demands on Treasury.
*E.
Warrants: 92141 -92329
Payroll: Direct Deposits
& Checks
$1,546,041.00 Year -to -Date: $25,302,113.10
$255,056.44 Year -to -Date: $4,654,556.71
Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals.
Received and filed the Investment Monthly Report: January 2012.
*F. Adopted Resolution No. 6225 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL MAKING AN ELECTION IN CONNECTION
WITH HOUSING ASSETS AND FUNCTIONS UNDER PART 1.85 OF
DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND
TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH" - electing for
the City not to retain the responsibility for performing housing functions previously
performed by the Redevelopment Agency and hereby determines that all of the assets,
as allowed by law, and all rights, powers, assets, liabilities, duties, and obligations
associated with the housing activities of the Redevelopment Agency shall be transferred
to the Orange County Housing Authority.
Page 4 - City Council 02/27/12
*G. Introduced first reading of Ordinance No. 1615 amending the Municipal
Code adding Chapter 7.70 establishing city parks, beaches, jetties and
pier, and adjacent city owned or leased parking lots in the City of Seal
Beach as "Child Safety Zones ", prohibiting registered sex offenders from
being inside said areas.
*H. Adopted Resolution No. 6226 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER
CONTRACT DOCUMENTS FOR THE ENERGY EFFICIENCY
UPGRADES PROJECT NO. BG1103" (Express Energy Services, Inc. in
the amount of $101,105).
*I. Adopted Resolution No. 6227 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL APPROVING A MEMORANDUM OF
AGREEMENT (MOA) BETWEEN NAVY REGION SOUTHWEST (NRSW)
MORALE, WELFARE & RECREATION AND CITY OF SEAL BEACH" (for
lifeguard services and beach maintenance - Barney's Beach House).
*J. Pulled for separate consideration. (Sloan)
*J.
River's End Staging Area and Bikeway Enhancement Project
No. BP0901 — Adopt Resolution No. 6228 approving Amendment
No. 2 to agreement with RBF Consulting for additional design,
permitting, as- built, and construction support services in the
amount of $88,348.
*K. Adopted Resolution No. 6220 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING, INC. FOR THE
1 -405 ENVIRONMENTAL REVIEW" (in the amount of $20,000) and
adopted Resolution No. 6221 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH ENVIRONMENTAL IMPACT SCIENCES, FOR
THE 1-405 CEQA/NEPA THIRD -PARTY REVIEW" (in the amount of
$20,000) [Review and Comment to the Environmental Impact Report (EIR) for
the Orange County Transportation Authority proposed 1-405 widening].
*L. Pulled for separate consideration. (Deaton)
*L. Main Street Tree Improvement Project No. ST1110 — Adopt
Resolution No. 6229 approving a contract with JDC, Inc. in the
amount of $84,895.
*M. Adopted Resolution No. 6230 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL AWARDING THE CONTRACT FOR ARBOR
PARK RESURFACING PROJECT NO. PR1102 TO EXCEL PAVING
COMPANY" (in the amount of $57,736).
*N. Adopted Resolution No 6231 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH LSA ASSOCIATES, INC. FOR A TRAFFIC IMPACT
STUDY FOR THE TRAFFIC NORTH OF THE 405 FREEWAY" (in the
amount of $74,918) and adopted Resolution No. 6232 entitled "A
RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A
PROFESSIONAL SERVICES AGREEMENT WITH WIELAND
ACOUSTICS FOR A NOISE IMPACT STUDY FOR THE TRAFFIC
NORTH OF THE 405 FREEWAY" (in the amount of $6,510).
*O. Authorized the purchase and set -up of two police patrol vehicles (Ford
Crown Victoria) and one lifeguard 4x4 vehicle (Chevrolet Colorado) as
approved in the fiscal year 2011/2012 budget (Vehicle Replacement Fund
Account No. 021 - 980 - 48075).
Page - 5 City Council 02/13/12
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "J" / RESOLUTION NO. 6228 / AMENDMENT NO. 2 TO RBF
AGREEMENT / PROJECT NO. BP0901 (Sloan)
Councilman Sloan inquired on the progress of the bike trail improvements — The
Assistant City Manager responded that the project is on schedule with the City of
Long Beach. Sloan moved, seconded by Miller, to adopt Resolution No. 6228
entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
AMENDMENT NO. 2 TO THE AGREEMENT WITH RBF CONSULTING FOR
PROFESSIONAL SERVICES FOR THE RIVER'S END STAGING AREA &
BIKEWAY ENHANCEMENT PROJECT NO. BP0901" - additional design,
permitting, as- built, and construction support services in the amount of $88,348.
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "L" / RESOLUTION NO. 6229 / MAIN STREET TREE IMPROVEMENT
PROJECT ST1110 (Deaton)
Councilwoman Deaton requested a staff report and stated her reasons for the
support of planting of ficus trees. Mayor Levitt expressed his oppositions
regarding the planting of ficus trees and requiring all businesses to have a tree in
front of their business. Speaker: Jim Caviola, Ocean Avenue /member on City
Tree Advisory Board, spoke in support of the ficus trees on Main Street.
Deaton moved, seconded by Shanks, to adopt Resolution No. 6229 entitled "A
RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE
CONTRACT FOR MAIN STREET TREE IMPROVEMENT PROJECT NO.
ST1110 TO JDC, INC." - in the amount of $84,895.
AYES: Deaton, Miller, Shanks, Sloan
NOES: Levitt Motion carried
Deaton moved, seconded by Shanks, to allocate $115,000 using developer
impact fees for landscaping to be done at the same time as the planting of the 25
ficus trees along Main Street.
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
PUBLIC HEARING
No items at this time.
UNFINISHED /CONTINUED BUSINESS
ITEM "P" / SEAL BEACH TENNIS CENTER / MID -YEAR UPDATE REPORT
The Community Services Supervisor gave an update presentation on the Seal
Beach Tennis Center operation indicating a six -month profit for 2011/2012 of
$9,364. The Council commended First Serve Tennis manager, Cathy Jacobson -
Guzy, for her outstanding work at the tennis center. • Deaton moved, second by
Sloan to receive and file the report.
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None
Motion carried
With no objections, Mayor Levitt called a recess at 9:43 p.m. and reconvened the
meeting at 9:51 p.m.
ITEM "Q" / SEAL BEACH DETENTION CENTER / UPDATE REPORT
The Chief of Police presented an update report on the operation of the jail. The
Council received clarification on the report. Shanks moved, second by Deaton,
to receive and file the report and to continue to operate the detention center.
Page 6 - City Council 02/27/12
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
NEW BUSINESS
ITEM "R" / MEMORIAL COMMITTEE UPDATE REPORT
The Assistant City Manager reported that the Memorial Committee met and has
recommended 2 sites (Eisenhower Park or Electric Avenue greenbelt) for a
memorial remembering those victims in the October 12, 2011 Salon Meritage
tragedy. Council deliberated the options — Shanks favored using the Electric
Avenue right -of -way — Miller favored Eisenhower — Deaton stated that the
Committee should be empowered to make the final decision on the design, with
the Recreation & Park Commission vetting the decision — Levitt inquired how to
pay for the construction of the memorial — response was that the basic
construction costs will be presented to Council during the budget process and
any further costs to upgrade the quality of construction materials (not the size or
scope of the project) could be addressed through fund raising — Deaton
recommended that the current committee do the fund raising. Speakers: Marla
Smalewitz; Ellen Maddox; Paul Caoulette; and Paul Wilson expressed their
reasons for selecting the sites and that Eisenhower Park is their number one
choice and indicated they will not have any problems raising funds.
Deaton moved, second by Miller, to receive and file the report; authorize $30,000
for professional services related to the design; and to approve the updated
schedule.
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
SUCCESSOR AGENCY MATTERS
The City Attorney indicated that all three items can be approved by one motion
and pointed out a correction in the ROPS exhibit "A" of Resolution No. SA 12 -04
(funding source should be RPTTF and delete ACA).
Levitt moved, second by Shanks, to approve Successor Agency matters:
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
1. Approved Minutes for the joint City Council - Redevelopment Agency -
Seal Beach Financing Authority meeting held on December 12, 2011; joint
City Council & Redevelopment Agency meeting held on January 23, 2012;
and the special meeting of the Successor Agency of the former Seal
Beach Redevelopment Agency held on February 13, 2012.
2. Adopted Resolution No. SA 12 -04, as amended, entitled "A
REOSOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT
AGENCY ADOPTING A DRAFT INITIAL RECOGNIZED OBLIGATION
PAYMENT SCHEDULE PURSUANT TO HEALTH AND SAFETY CODE
SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION
THEREWITH ".
3. Adopted Resolution No. SA 12 -05 entitled "A RESOLUTION OF THE
SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT
AGENCY AUTHORIZING BUDGET MODIFICATION NO. 12 -08 -02 FOR
FISCAL YEAR 2011/2012 BUDGET MODIFICATION IN LIGHT OF THE
DISSOLUTION OF THE SEAL BEACH REDEVELOPMENT AGENCY (AB
X1 26) ".
Page - 7 City Council 02/13/12
ADJOURNMENT
With no objections the Mayor adjourned the City Council at 10:39 p.m. to
Thursday, March 8, 2012 at 12:00 noon to continue the Goal Setting/Team
Building and other business, if necessary at Fire Station No. 48 located on North
Gate Road in Seal Beach.
Next regular City Council meeting: March 12, 2012
Approved:
Mayor
Attest:
City Clerk
City Clerk
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.