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Home My WebLink AboutCC Min 2012-03-12 Seal Beach California March 12, 2012 Mayor Levitt called the adjourned meeting of the Seal Beach City Council to order at 4:00 p.m. in the City Council Chamber with Councilwoman Deaton leading the pledge of allegiance. II 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 Chief Joe Bailey, Seal Beach Marine Safety/Lifeguard Department Captain Tim Olson, Seal Beach Police Department Shally Lin, Interim Director of Finance 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. NUISANCE ABATEMENT HEARING /4588 Dogwood Avenue Mayor Levitt stated this was the time for the nuisance abatement hearing concerning the recreational vehicle parked in the driveway at 4588 Dogwood Avenue in violation of the Municipal Code. The City Attorney stated that the Council received copies of the draft Resolution No. 6237, the citations, the opinion of Administrative Law Judge, and the notice that was posted regarding the public hearing. Senior Planner and the City's Code Enforcement Officer were present. The Mayor opened the public hearing, seeing no speakers the Mayor closed the public hearing. The Senior Planner provided a brief staff report. The property owner (Tommy Goodwin) was not present. The City Attorney recommended that the Council adopt Resolution No. 6237 and informed the Council that Mr. Goodwin emailed the City Clerk on March 9, 2012 stating that he will voluntarily move the recreational vehicle from his property. Shanks moved, second by Miller, to adopt Resolution No. 6237 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING THAT THE RECREATIONAL VEHICLE PARKED IN THE DRIVEWAY AT 4588 DOGWOOD AVENUE, SEAL BEACH IS IN VIOLATION OF SEAL BEACH MUNICIPAL CODE SECTION 11.4.05.100(0)(2) CONSTITUTES A PUBLIC NUISANCE AND ORDERING ITS ABATEMENT". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried With no objections, the Mayor recessed the meeting at 4:10 p.m. and reconvened the meeting at 4:15 p.m. STUDY SESSION / COST ALLOCATION PLAN & COMPREHENSIVE FEES The City Manager introduced Courtney Ramos, Matrix Consulting Group, who provided a powerpoint presentation on the results of the Full Cost Allocation Plan (CAP) and Cost of Services (User) Fee Study. The areas of the presentation were: key issues framing the study; scope of services (departments); purpose and principles of the CAP; process used in developing the CAP; gave examples how the costs were determined (central service departments and receivers of services and central service departments to receivers only); reading the results of the plan; using results to determine department's fee schedule; best practices (perform study every 3 to 5 years — set annual increase mechanism — establish cost recovery policy for fees); define "Total Cost"; and provided a chart showing by department the annual revenue, total cost, whether there is a surplus or deficit, and the percentage for total cost recovery. Page 2 - City Council 03/12/12 The City Manager expressed what the next steps the Council will need to take into consideration: what percentage of recovery by department; not make any changes; modify the schedule annually by CPI or straight 5%; set-up a step by step plan for cost recovery; and other areas that need Council direction. The City Manager also indicated that a public hearing is scheduled for March 26tn regarding the user fees. After Council deliberated and came to consensus that they need more time to review the CAP to determine any changes to the comprehensive user fees. Deaton moved, second by Shanks, to hold a public hearing to implement an automatic annual adjustment based upon the Consumer Price Index (CPI) to certain user fees and charges ("fees") for services provided by the City of Seal Beach. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried The Mayor recessed to closed session at 5:35 p.m. 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) — 3 case(s) and item "B" — Existing Litigation - GC § 54956.9(a) — NEW CINGULAR WIRELESS, PCS LLC a California limited liability company, et al. v. City of Seal Beach, et al. LASC Case No. BC462270 After the Mayor reconvened open session, the City Attorney announced the City Council gave direction to item "B" 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 6:56 p.m. i/p L dt L k 1 City lerk City of Seal Beach Approved: I1_ ',/ Mayor Attest: Itt�//,r,,/ City Clerk • Page - 3 City Council 03/12/12 Seal Beach California March 12, 2012 The City Council met in regular session at 7:02 p.m. with Mayor Levitt calling the meeting to order and Mayor Pro Tern Miller 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 Chief Joe Bailey, Seal Beach Marine Safety/Lifeguard Department Captain Tim Olson, Seal Beach Police Department Shally Lin, Interim Director of Finance Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Councilman Sloan removed item "E" and Mayor Levitt removed item "F" from the Consent Calendar for separate consideration. Miller moved, second by Sloan, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS i 2012 WAVE Awards - Seal Beach Cable Foundation — Robin Fort-Lincke, SBTV3 PEG Station Manager announced the annual WAVE award program recipients: Studio Café and Kate Pedigo — celebrating 100 years —the recipient for the 2011 SBTV3 Achievement Award was Mary Apte, resident in Leisure World. ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speaker(s): Esther Kenyon, Seal Beach Chamber of Commerce, stated the Chamber's support on items "D" and "F" and announced upcoming Chamber events; Seth Eaker, 13th Street, promoted the Run Seal Beach 5K/10K event on April 21st and commented on several issues; Erin Runnion, founder of The Joyful Child, stated her support for the adoption of Ordinance 1615 a safety ordinance for our children; Shirley Broussard, Senior Consulting Pastor of SWARM and Associates, commented on the Housing Element and the need for housing for low or no income; and Joyce Parque, 6th Street, repeated her concerns she stated in her letter to the editor in the Sun newspaper. 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 announced OCFA Battalion Chief Don Forsyth's retirement; indicated she was one of the judges for the Miss Seal Beach and Junior Miss Seal Beach pageant; expressed support for the Long Beach 49'er basketball team playing in NCAA; and asked the Assistant City Manager to provide an update report on the West County connecter project. COUNCIL COMMENTS Councilman Sloan shared a comment he received from a resident regarding Seal Beach being a safe city; Councilman Shanks encouraged everyone to be safe and responsible during the St. Patrick Day weekend; and Councilwoman Deaton commented on the health expo at the pier and stated the Lion's Club will be providing rides during the St. Patrick Day celebration this Saturday. COUNCIL ITEMS No items at this time. Page 4 - City Council 03/12/12 CONSENT CALENDAR Shanks moved, second by Deaton, to approve the recommended actions on the consent calendar except for items "E" and "F" pulled for separation consideration. The City Attorney read the title of Ordinance No. 1615 for the record. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried *A. Approved the minutes of the Adjourned and Regular City Council meeting of February 27, 2012. *B. Approved the Demands on Treasury. Warrants: 92330-92501 $558,683.34 Year-to-Date: $25,860,796.44 Payroll: Direct Deposits & Checks $267,914.08 Year-to-Date: $4,922,470.79 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *C. Adopted Resolution No. 6233 entitled A" RESOLUTION OF THE SEAL BEACH CITY COUNCIL SUPPORTING THE PETITION TO AMEND TITLE 2, CALIFORNIA CODE OF REGULATIONS SECTION 18705.5" (Fair Political Practices Commission (FPPC) regulation which has been interpreted to preclude a council member from voting on his or her appointment to a local agency board if it is reasonably foreseeable that a council member could receive $250 or more during a 12-month period from that appointment). *D. Waived further reading and adopted Ordinance No. 1615 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 7.70 TO THE SEAL BEACH MUNICIPAL CODE ESTABLISHING CITY PARKS, BEACHES, JETTIES AND PIERS, AND ADJACENT CITY OWNED OR LEASED PARKING LOTS AS A CHILD SAFETY ZONE WHERE REGISTERED SEX OFFENDERS ARE PROHIBITED FROM ENTERING". The City Attorney read the title for the record. *E. Removed for separate consideration. (Sloan) *E. 12" Hellman Water Transmission Main Relocation Project No. WT0901 — Adopt Resolution No. 6234 awarding the contract to Dominguez General Engineering, Inc. in the amount of $453,094 and adopt Resolution No. 6235 approving Amendment No. 2 to the agreement with AKM Consulting Engineers, Inc. in the amount of $39,900 for additional design, as-built, and construction support services. *F. Removed for separate consideration. (Levitt) *F. Main Street Landscape Project — Adopt Resolution No. 6236 authorizing, allocating, and designating an additional $115,000 from Traffic Impact Fees for the Main Street Tree Project No. ST1110 (Project approved by Council on 02/27/12—JDC,Inc.) ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "E"/ RESOLUTION NO. 6234 AND 6235 / 12" HELLMAN WATER TRANSMISSION MAIN RELOCATION / PROJECT NO. WT0901 (Sloan) It was clarified that the new line will provide redundancy throughout Seal Beach and staff did not believe the new line would factor in to having fire insurance premiums reassessed. Sloan moved, second by Miller, to adopt Resolution No. 6234 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONTRACT FOR THE 12 INCH HELLMAN WATER TRANSMISSION MAIN RELOCATION PROJECT NO. WT0901TO DOMINGUEZ GENERAL ENGINEERING, INC." (in the amount of $453,094) and Resolution No. 6235 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH AKM CONSULTING ENGINEERS INC FOR PROFESSIONAL SERVICES FOR Page - 5 City Council 03/12/12 THE 12-INCH HELLMAN WATER TRANSMISSION MAIN RELOCATION PROJECT NO. WT0901" (in the amount of $39,900 for additional design, as- built, and construction support services). AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "F" / RESOLUTION NO. 6236 / MAIN STREET LANDSCAPE PROJECT (Levitt) Mayor Levitt pulled the item to reiterate his concerns regarding planting ficus trees along Main Street. Levitt moved, second by Shanks, to Adopt Resolution No. 6236 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING, ALLOCATING AND DESIGNATING ADDITIONAL FUNDS IN THE AMOUNT OF $115,000 FOR THE MAIN STREET TREE PROJECT ST1110" (in the amount of $115,000 for landscaping from Traffic Impact Fees — project approved by Council on 02/27/12 —JDC, Inc.) AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "G" / ORDINANCE NO. 1616/ PIPELINE FRANCHISE / INTRODUCTION Mayor Levitt stated this was the time for the public hearing for consideration of introduction and first reading of Ordinance No. 1616 granting DCOR, LLC a fifteen year pipeline franchise on substantially the same terms and conditions as the current agreement. The Assistant City Manager/Public Works provided the staff report stating that the current franchise was granted to Torch Operating Company and in 2005 DCOR acquired operational rights — the 15 year rights ended February 26, 2012 and DCOR is requesting a new 15 year franchise with similar terms and conditions. In attendance were representatives from DCOR (Jeff Warren, vice president) and from So Cal Ships Services (Mark Robal). The representatives answered questions about a resident complaint regarding the noise from boat at the pier at 4:30 a.m. — DCOR indicated that they will try and remedy this concern and is willing to be at a community meeting. Mayor Levitt opened the public hearing for public comments - there were no speakers. Deaton moved, second by Sloan, to introduce first reading of Ordinance No. 1616 granting DCOR, LLC a fifteen year pipeline franchise on substantially the same terms and conditions as the current agreement. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. ADJOURNMENT With no objections the Mayor adjourned the City Council at 8:03 p.m. to Monday, March 26, 2012 at 6:30 p.m. to meet in closed session, if d emed necessary. 1b12447:4/.1C- y Clerk / ity of Seal Beach Approved: • Mayor r Attest: Y7( /}-41, ywy� City Clerk