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Home My WebLink AboutCC Min 2012-03-26 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. iJI // /4.4/i ' Clerk City of Seal Beach ClOr Approved: , Mayor Attest: L , ji/ii0;" 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 c Mothers Against Drunk Drivers (MADD) Awards- DUI Arresting Officers Officer Nick Nicholas-Century Award & Officer Brad Davis- Deuce Recipient 'i 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 i Orange County Fire Authority- Battalion Chief Don Forsyth - Recognition of his retirement and 40 years of service ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speaker(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, 13th 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. 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 Page - 5 City Council 03/26/12 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 Attorney 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. r- Cit Clerk City of Seal Beach Approved: z. 0"-- < ------ Mayor / - 41.41.6:v. Attest: I / City Clerk