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Home My WebLink AboutCC Min 2012-02-27 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 MODI FICATION". With no objections Mayor Levitt called for a recess at 7:57 p.m. and reconvened the meeting at 8:03 p.m. III ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speaker(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 Quinn M. Barrow, Esq., City Attorney No report at this time. CITY MANAGER REPORT 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. Warrants: 92141-92329 $1,546,041.00 Year-to-Date: $25,302,113.10 Payroll: Direct Deposits & Checks $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. *E. 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 I ./4. _Ciiii,(4,64 City Clerk n , City of Seal Beach Approved: / (...N.:—- ,V Mayor .. Attest: ,1,4, / City Clerk I