HomeMy WebLinkAboutCC AG PKT 2012-04-09 #A AGENDA STAFF REPORT t _`
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DATE: April 9, 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 March
26, 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 March
26, 2012.
SUBMITTED BY: NOTED AND APPROVED:
A ALt R•
Linea Devine, City Clerk Ingram, City a ager
Agenda Item A
Seal Beach California
March 26, 2012
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
City Staff: 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) — 2 case(s) and item "B" — Real Property Negotiations - GC §
54956.8—Ruby's Diner-restaurant location at the end of the Seal Beach Pier.
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.
City Clerk
City of Seal Beach
Approved:
Mayor
Attest:
City Clerk
Page 2-City Council 03/26/12
Seal Beach California
March 26, 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 Councilwoman Deaton 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
Linda Devine, City Clerk/Secretary
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
&ORDINANCES
The City Attorney announced that item "G" was rescheduled to April 23, 2012
City Council meeting and item "I" was added because the issue came to the
attention of staff after the agenda was printed and action was needed before the
next meeting. Shanks moved, second by Miller, to approve the agenda as
amended. The City Attorney read the title of Ordinance No. 1616 for the record.
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
PRESENTATIONS/RECOGNITIONS
* Los Alamitos High School Cheer Team
Advisor Jennifer Ramirez; Coach Cheryl Vuong; Team: Rebecca Acuna;
Breanna Blancher; Allison Brown; Sabrina Cadwallader; Dakota Collins; Kirsten
Ferramola; Courtney Garcia; Savana McCown; Felicia Miller; Caroline Mucho;
Meghan Sullivan;and Ashtyn Wilson
* Mothers Against Drunk Drivers(MADD)Awards—DUI Arresting Officers
Officer Nick Nicholas—Century Award&Officer Brad Davis—Deuce Recipient
* National Public Safety Dispatcher Week—April 9-15.2012
West Cities Communications Center-Marie Pope, Melissa Wintersole, Michael
Berry
* Volunteers In Police Service(VIPS)Recognition—Laurel Mauk
* Orange County Fire Authority—Battalion Chief Don Forsyth—Recognition of his
retirement and 40 years of service
ORAL COMMUNICATIONS
Mayor Levitt opened oral communications. Soeaker(s): Esther Kenyon, Seal
Chamber of Commerce, expressed support for agenda item "A" and on chamber
events; Will Highbrook, OC HIV/AIDS Walk, invited everyone to attend the event
on May 6th at Disneyland; and Seth Eaker, 13`h Street/Run Seal Beach
Committee, reminded everyone about the event on April 21st. There being no
other speakers, Mayor Levitt closed oral communications.
CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney
No report at this time.
Page-3 City Council 03/26/12
CITY MANAGER REPORT Jill R. Ingram, City Manager
The City Manager explained the changes in the public hearing date for the Seal
Beach Housing Element—the date is April 9th at the regular council meeting and
announced the Caltrans alert and indicated that residents should contact
Caltrans on their website if they have any questions regarding the closures.
COUNCIL COMMENTS
Councilman Shanks encouraged neighbors to watch for neighbors and report any
unusual activity to the police and Councilwoman Deaton commented on the
successful health fair and stated there is a new program in Seal Beach called
N4N (neighborhood watch) and for more information contact the police
department.
COUNCIL ITEMS
ITEM "A" / TREES ON MAIN STREET / REQUEST FOR FURTHER
DISCUSSION REGARDING FICUS TREES (Levitt)
The Mayor read his statement regarding his request for further study on the type
of trees that should be planted on Main Street. Rob McMann, consultant from
RMA, was present to provide information as to the process used to complete the
adopted Street Tree Master Plan—the consultant also worked with the City Tree
Advisory Board(CTAB)and CJPIA(California Joint Powers Insurance Authority).
Speakers: 11 spoke against planting ficus trees (also submitted were 2 letters
and 6 members of the audience); 4 spoke in favor; 1 speaker encouraged to
move forward; and 2 from CTAB. The Council discussed the type of trees and
how the City is currently maintaining the trees both the watering and the
schedule of trimming all the City trees.
Levitt moved, second by Miller, to have further study on the types of trees that
should be planted along Main Street.
AYES: Levitt, Miller
NOES: Deaton, Shanks, Sloan Motion failed
Shanks moved, second by Deaton, to proceed with the approved Main Street
Tree and Landscape Project No. ST1110.
AYES: Deaton, Shanks, Sloan
NOES: Levitt, Miller Motion carried
With no objections the Mayor called for a recess at 9:18 p.m.and reconvened the
meeting at 9:27 p.m.
CONSENT CALENDAR
Shanks moved, second by Sloan, to approve the recommended actions on the
consent calendar. The City Attorney read the title of Ordinance No. 1616 for the
record.
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
*B. Approved the Minutes of the Goal Setting/Team Building Workshop held
on March 8, 2012 and the Adjourned and Regular City Council meeting of
March 12, 2012.
*C. Approved the Demands on Treasury.
Warrants: 92502-92668 $1,134,298.77 Year-to-Date: $26,995,095.21
Payroll: Direct Deposits
&Checks $267,965.17 Year-to-Date: $5,190,435.96
Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals.
Page 4-City Council 03/26/12
*D. Received and filed the Investment Monthly Report: February 2012.
*E. Adopted Resolution No. 6238 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL APPROVING AN AGREEMENT WITH
GREGORY HASTINGS FOR INTERIM DIRECTOR OF DEVELOPMENT
SERVICES"(in the amount not to exceed$88,400).
*F. Waived further reading and adopted Ordinance No. 1616 entitled "AN
ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA,
GRANTING TO DCOR, LLC, ITS SUCCESSORS AND ASSIGNS, A
FRANCHISE TO CONSTRUCT FROM TIME TO TIME AND, FOR A
PERIOD OF 15 YEARS TO MAINTAIN, OPERATE, REPAIR, RENEW,
CHANGE THE SIZE AND NUMBER OF AND REMOVE OR ABANDON
IN PLACE, PIPES, PIPE LINES, CONDUITS, WIRES, CABLES AND
OTHER APPURTENANCES, TOGETHER WITH ALL MANHOLES,
SERVICE CONNECTIONS AND APPURTENANCES USED IN
CONNECTION THEREWITH, FOR THE TRANSPORTATION OF OIL,
PETROLEUM, LIQUID HYDROCARBON SUBSTANCES, GAS,
NATURAL GASOLINE, WATER, WASTE WATER, MUD, STEAM, AND
OTHER SUBSTANCES, AND FOR THE TRANSMITTAL OF
ELECTRICAL POWER AND COMMUNICATION SIGNALS TO OR FROM
DCOR, LLC'S STATE LEASE P.R.C. 3095.1, IN, UNDER, ALONG OR
ACROSS CERTAIN PUBLIC STREETS AND PUBLIC PLACES IN THE
CITY OF SEAL BEACH FOR THE PURPOSE OF SERVING DCOR,
LLC'S OPERATIONS ON STATE LEASE P.R.C. 3095.1".
ITEMS REMOVED FROM THE CONSENT CALENDAR
No items removed.
PUBLIC HEARING
The public hearing was rescheduled to the April 23, 2012 City Council meeting
due to the second public hearing notice not being published in the adjudicated
newspaper.
G. Comprehensive Fees — Adopt Resolution No. 6239 authorizing
comprehensive fees may be adjusted annually on July 1st of each year
in accordance with the increase in the Consumer Price Index, at the
discretion of the City Council.
UNFINISHED/CONTINUED BUSINESS
No items at this time.
NEW BUSINESS
ITEM "H" / REQUEST TO WAIVE PARKING IN-LIEU FEES ($13,100) / 901
OCEAN AVENUE/KINDA LAHAINA BROILER
The Assistant City Manager provided the staff report giving a brief history of the
request before the Council. David Duran, one of the owners of Kinda Lahaina
Broiler read the letter his wife submitted requesting the City waive past due in-
lieu parking fees of approximately$13,000 in order to close escrow on the sale of
the restaurant. The Mayor stated that the Council has no choice but to enforce
the collection of the fees that are owed and offered the Durans to work with the
City Manager to come up with a payment plan to pay off the fees due. Mr. Duran
stated that they would prefer to pay the full amount out of the escrow account
and asked the City to allow the escrow to close. The Mayor directed staff to work
with the Durans, requested that when staff is revising the Main Street Specific
Plan that they provide a parking provision, and to also enforce the collection from
the businesses the in-lieu parking fees owed to the City at this time.
Page-5 City Council 03/26/12
ITEM"I"/LETTER OF SUPPORT FOR AB1585
The City Attorney stated this item was brought to the attention of staff after the
agenda was printed and distributed and requires Council action before the next
meeting. AB 1585 (Perez) makes various technical fixes to AB X1 26 clarifying
the functions of successor agencies and oversight boards and to protect
affordable housing funds. It may go to the Assembly Floor for a vote as early as
next week. AB 1585 has an urgency clause and will require a two-thirds vote for
passage. California Redevelopment Association (CRA) members are urged to
communicate with their legislators about the need for this legislation. Shanks
moved, second by Miller, to direct staff to draft a letter of support for the passage
of AB1585 and all members of the City Council will sign the letter.
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
SUCCESSOR AGENCY MATTERS
Mayor/Chair Levitt called the Agency meeting to order at 9:47 p.m.
CONSENT CALENDAR
The City Attomey indicated that a correction is needed for Resolution No.SA12-07 on exhibit"C"
page 2 line 14—column marked"FY 2012-13 July 2012"the amount of$448,931.78 should be on
line 4. Sloan moved,second by Shanks,to approve the consent calendar as corrected.
AYES: Deaton,Levitt,Miller,Shanks,Sloan
NOES: None Motion carried
1. Approved Minutes of the Successor Agency of the Seal Beach Redevelopment Agency
meeting of February 27,2012.
2. Adopted Resolution No. SA12-06 entitled "A RESOLUTION OF THE SUCCESSOR
AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY AUTHORIZING
BUDGET MODIFICATION NO. 12-10-01 FOR FISCAL YEAR 2011-2012 BUDGET
MODIFICATION IN LIGHT OF THE DISSOLUTION OF THE SEAL BEACH
REDEVELOPMENT AGENCY(AB X1 26)"authorizing Budget Modification No. 12-10-01
to the former Redevelopment Agency Budget for FY 2011/12.
3. Adopted Resolution No. SA12-07 entitled "A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY AMENDING AN ENFORCEABLE OBLIGATION
PAYMENT SCHEDULE PURSUANT TO HEALTH AND SAFETY CODE SECTION
34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH" (approving
amendments to the Original Successor Agency EOPS).
4. Adopted Resolution No. SA12-08 entitled "A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY AMENDING THE DRAFT INITIAL RECOGNIZED
OBLIGATION PAYMENT SCHEDULE AND TAKING CERTAIN ACTIONS IN
CONNECTION THEREWITH".
ADJOURNMENT
With no objections the Mayor adjourned the City Council at 9:49 p.m.to Monday,
April 9, 2012 at 5:00 p.m.
The Mayor announced that the public hearing for the consideration the CITY OF
SEAL BEACH 2008-2014 HOUSING ELEMENT will be at the regular City
Council meeting scheduled for Monday, April 9, 2012, at 7:00 p.m., in the City
Council Chambers.
City Clerk
City of Seal Beach
Approved:
Mayor
Attest:
City Clerk
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.