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Home My WebLink AboutCC Min 2012-05-14 Seal Beach California May 14, 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" - Conference with Labor Negotiator (Managers; OCEA; and SBSPA) - GC §54957.6; Item "B" - Anticipated Litigation — GC §54956.9 (b) — 2 case(s) and item "C" - Real Property Negotiations - GC § 54956.8 — 1) Cell towers on city property (Verizon — Zoeter Field and AT&T/New Cingular — Tennis Center) and 2) Ruby's Diner - restaurant location at the end of the Seal Beach Pier. No reportable action was taken. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:54 p.m. /0 4/411/4 ity lerk City of Seal Beach Approved: Mayor Attest: 4_4 ( /J74g City lerk Page 2 - City Council 05/14/12 Seal Beach California May 14, 2012 The City Council met in regular session at 7:00 p.m. with Mayor Levitt calling the meeting to order and Councilman Shanks leading the Salute to the Flag. ROLL CALL Present: Mayor Levitt Council Members: Deaton, Miller, Shanks Absent: Sloan Deaton moved, second by Shanks, to excuse Councilman Sloan from the meeting. AYES: Deaton, Levitt, Miller, Shanks NOES: None ABSENT: Sloan Motion carried 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 Greg Hastings, Interim Director of Community Development Linda Devine, City Clerk/Secretary APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Items pulled for separate consideration: Mayor Pro Tern Miller pulled items "F"; "G"; "I"; "K" and requested that item "D" be considered after item "I"; Councilwoman Deaton pulled item "E". Shanks moved, second by Miller, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks NOES: None ABSENT: Sloan Motion carried PRESENTATIONS/RECOGNITIONS * Peace Officers Memorial Week - May 13-19, 2012 Proclamation was presented to Seal Beach Police Chief Luman. c National Beach Safety Week— May 21-28, 2012 Proclamation was presented to Seal Beach Marine Safety Chief Bailey—Chief Bailey recognized Celeste Infante for her lifesaving efforts on May 7th * 96th Birthday Recognition - Mrs. Eleanor Georgina Mack (not present) Mayor Levitt recognized the grandniece of founding resident John Ord. ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speaker(s): Esther Kenyon, Seal Beach Chamber of Commerce, expressed the Chamber's support on item "I" and announced the summer concert series; Carla Watson, Founders' Day Committee, announced the 97th Founders' Day event will be on October 7th and this year's theme is "Home Town Heroes"; Joseph Rowen, Seal Way, supports item "M" (owns rental); John Alexander, Seal Way, stated he supports item "M"; Seth Eaker, Run Seal Beach Committee, announced grant applications are due June 9th; (resident), Seal Way, spoke against vacation rentals; (student), Los Alamitos High School, requested a skate park; and Robert Beck, Rolling Hills Estates, spoke regarding item "M" (owns rental). There being no other speakers, Mayor Levitt closed oral communications. Page - 3 City Council 05/14/12 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 reported the Planning Commission meeting has been cancelled and the public hearing is continued to June 6th COUNCIL COMMENTS Councilman Shanks stated the school district and city staff have completed the resurfacing of the McGaugh School tennis courts and commented on the meeting the Long Beach Transit District conducted on their proposed new route for their new buses; Mayor Pro Tern Miller clarified his statements regarding the Lampson Avenue median project and read statement for the record "When I voted in favor of the CPI increase, I was not voting on the comprehensive user fee report. I look forward to discussing it at the May 29 study session. I would like these comments to be included, verbatim, in tonight's minutes." Councilwoman Deaton stated the "Community Input" forms are available for those interested in submitting their suggestions for the budget study sessions (deadline May 18th) — thanked Libby Appelgate for providing her the information regarding the 96th birthday of the grandniece of John Ord; and Mayor Levitt stressed that those submitting an input form for Council consideration need to include what the funding source would be. COUNCIL ITEMS ITEM "A" / LETTER OF OPPOSITION / PROPOSED ELIMINATION OF THE STATE DEPARTMENT OF BOATING AND WATERWAYS (Levitt) The Marine Safety Chief gave a brief background report regarding Governor Brown's proposal to eliminate the Department of Boating and Waterways and reconstitute the department as a division within the Department of Parks and Recreation. With no objections, Mayor Levitt so ordered that a letter of opposition be sent to Governor Brown and to the Little Hoover Commission. CONSENT CALENDAR Shanks moved, second by Deaton, to approve the recommended actions on the consent calendar except for items "D"; "E"; "F"; "G"; "I"; and "K" pulled for separate consideration. AYES: Deaton, Levitt, Miller, Shanks NOES: None ABSENT: Sloan Motion carried *B. Approved the Minutes of the Adjourned and Regular City Council meeting of April 23, 2012. *C. Approved the Demands on Treasury: Warrants: 92960-93324 $2,980,605.60 Year-to-Date: $32,258,220.53 Payroll: Direct Deposits & Checks $517,375.44 Year-to-Date: $6,258,016.51 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *D. Item pulled for separate consideration. (Miller) *D. Budget Modification for Fiscal Year 2011/2012 Budget — Adopt Resolution No. 6250 approving Budget Modification No. 12-11-02. (Items"I"and "J") *E. Item pulled for separate consideration. (Deaton) *E. Street Lighting Assessment District No. 1 (Fiscal Year 2012/2013) - Adopt Resolution No. 6251 Initiating Assessment Proceedings; adopt Resolution No. 6252 approving the Engineer's Report; and adopt Resolution No. 6253 Declaring Intention to Assess and set Public Hearing date. Page 4 - City Council 05/14/12 *F. Item pulled for separate consideration. (Miller) *F. Investment Advisory Services -Adopt Resolution No. 6254 approving the agreement with PFM Asset Management LLC for investment advisory services - annual fee charged for services shall not be less than $15,000. *G. Item pulled for separate consideration. (Miller) *G. 2012 Pavement Management Program (PMP) Report — Adopt Resolution No. 6255 approving the 2012 Pavement Management Program Report to be eligible to receive Orange County Transportation Authority(OCTA) Measure M funds. *H. Adopted Resolution No. 6256 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR THE OCEAN AVENUE ALLEY WATERLINE AND SEWER REPLACEMENTS PROJECT NO. WT1105" and file the Notice of Completion with the County of Orange. (Mike Bubalo Construction Co. Inc. in the amount of $1,097,004) *I. Item pulled for separate consideration. (Miller) *I. River's End Staging Area Project No. BP0901 Update — Approve a budget modification in the amount of $126,000. (Item "D" - Budget Modification No. 12-11-02) *J. Adopted Resolution No. 6257 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ANDERSON PENNA FOR THE DESIGN OF OCEAN AVENUE ALLEY WATERLINE AND SEWER REPLACEMENTS PROJECT NO. WT1201" (in the amount of $84,905) (Item "D" - Budget Modification No. 12-11-02) *K. Item pulled for separate consideration. (Miller) *K. Arterial & Local Street Resurfacing Project No. ST 1102 & ST1103 - Approve the plans and specifications; adopt Resolution No. 6258 awarding a contract to Hardy & Harper, Inc. in the amount of $414,000; and authorize the City Manager to approve contract changes in the amount of$34,000. *L. Approved the plans & specifications; adopted Resolution No. 6243 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONTRACT FOR COLLEGE PARK DRIVE/STUDEBAKER OFF RAMP INTERSECTION IMPROVEMENT PROJECT NO. ST1106" (All American Asphalt in the amount of $435,000); authorized the City Manager to approve contract changes in the amount of $44,000; adopted Resolution No. 6244 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING FOR COLLEGE PARK DRIVE/22 FREEWAY STUDEBAKER OFF-RAMP PROJECT CIP NO. ST1106" (in the amount of $10,000); and authorized $25,000 in expenditure for landscaping improvements. With no objections, Mayor Levitt re-ordered the agenda to consider the public hearing at this time. PUBLIC HEARING ITEM "M" / ORDINANCE NO. 1619-U / INTERIM ORDINANCE EXTENDING AND AMENDING ORDINANCE NO. 1618-U 10 DAYS AND 15 DAYS / REGULATIONS FOR SHORT TERM VACATION RENTALS Mayor Levitt stated this was the time for the public hearing for consideration of adoption of Ordinance No. 1619-U extending Ordinance No. 1618-U interim regulations for short-term vacation rentals of residential units for 10 months and Page - 5 City Council 05/14/12 15 days and amend the regulations to: (1) allow vacation rentals only in Old Town; and (2) require a conditional use permit for all short-term vacation rentals. The interim Director of Community Development provided a brief staff report. Mayor Levitt opened the public hearing for public comments. Speaker(s): 10 speakers expressed their concerns about having to obtain a Conditional Use Permit and do not feel that the complaints from a few should cause the proposed ordinance of all property owners; 3 speakers spoke in favor of the ordinance. There being no other speakers, Mayor Levitt closed the public hearing. Council comments: need uniform use of vacation rentals; and asked to clarify the CUP process and any exemptions. Deaton moved, second by Miller, to adopt Ordinance No. 1619-U entitled "AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH EXTENDING AND AMENDING ORDINANCE NUMBER 1618-U IMPOSING INTERIM REGULATIONS ON NEW AND EXISTING SHORT-TERM VACATION RENTALS AND DECLARING THE URGENCY THEREOF". The City Attorney read the title for the record. (extend to March 29, 2013) AYES: Deaton, Levitt, Miller, Shanks NOES: None ABSENT: Sloan Motion carried With no objections, Mayor Levitt called for a recess at 8:43 p.m. and reconvened the meeting at 8:53 p.m. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "E" / RESOLUTION NO. 6251 / STREET LIGHT ASSESSMENT DISTRICT NO. 1 (Deaton) Councilwoman Deaton pulled this item to request that staff investigate other alternatives for energy source like solar — concerned about the General Fund contributing to the gap between the revenues generated and the actual expenditures paid each year. Deaton moved, second by Miller to adopt Resolution No. 6251 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN, AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR STREET LIGHTING DISTRICT NO. 1; adopt Resolution No. 6252 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO. 1"; and adopt Resolution No. 6253 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO. 1, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON". (City Council Meeting of June 11, 2012) AYES: Deaton, Levitt, Miller, Shanks NOES: None ABSENT: Sloan Motion carried ITEM "F" / RESOLUTION NO. 6254/ INVESTMENT ADVISORY SERVICES / PFM ASSET MANAGEMENT, LLC (Miller) Interim Director of Finance gave a brief staff report indicating that the first step will be to modify the investment policy and the other is to look into the different strategies of investments for the City. Speaker: Robert Goldberg, Clipper Way, stated that he believes that the public and Council should have the final approval for investments and that the reports from the consultants should be reported out to the public. Mr. Gerard Miller, representative from PFM Asset Management was present to answer questions. Miller moved, second by Deaton, to adopt Resolution No. 6254 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE AGREEMENT BETWEEN THE CITY AND PFM Page 6 - City Council 05/14/12 ASSET MANAGEMENT, L.L.C. FOR INVESTMENT ADVISORY SERVICES". (annual fee charged for services shall not be less than $15,000) AYES: Deaton, Levitt, Miller, Shanks NOES: None ABSENT: Sloan Motion carried ITEM "G" / RESOLUTION NO, 6255 / 2012 PAVEMENT MANAGEMENT PROGRAM (PMP) REPORT (Miller) The Assistant City Manager/Public Works provided the staff report stating that an asset management system is used to effectively and equitably manage a street system for the City; PMP is required by the State of California in order to receive gas tax funding; and the Orange County Transportation Authority requires cities to update their PMP every 2 years in order to be eligible to receive Measure "M" funds. After Council deliberation the Mayor so ordered that this item be continued to June 11, 2012 in order for Council Members to have more time to review the report. . AYES: Deaton, Levitt, Miller, Shanks NOES: None ABSENT: Sloan Motion carried ITEM "I" / RIVER'S END STAGING AREA PROJECT NO. BP0901 UPDATE (Miller) The Assistant City Manager/Public Works provided a presentation and brief background. Mayor Pro Tern Miller pulled this item and commented on the final project design. Miller moved, second by Shanks to approve a budget modification in the amount of $126,000. (Item "D"- Budget Modification No. 12-11-02) AYES: Deaton, Levitt, Miller, Shanks NOES: None ABSENT: Sloan Motion carried ITEM "D" / RESOLUTION NO. 6250 / BUDGET MODIFICATION NO. 12-11-02 (Miller) Miller moved, second by Shanks, to adopt Resolution No. 6250 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET MODIFICATION NO. 12-11-02 REVISING THE FISCAL YEAR 2011/12 BUDGET." (Items"I"and"J") AYES: Deaton, Levitt, Miller, Shanks NOES: None ABSENT: Sloan Motion carried ITEM "K" / RESOLUTION NO. 6258 / ARTERIAL & LOCAL STREET RESURFACTING PROJECT NO. ST1102 & ST1103 (Miller) The Assistant City Manager/Public Works presented the staff report. Mayor Pro Tern Miller requested that in the future there be more details provided in the staff report and include a map of the area in question. Miller moved, second by Shanks, to approve the plans and specifications; adopt Resolution No. 6258 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONTRACT FOR ARTERIAL & LOCAL STREET RESURFACING PROJECT NO. ST1102 & ST1103" (Hardy & Harper, Inc. in the amount of $414,000); and authorize the City Manager to approve contract changes in the amount of $34,000. AYES: Deaton, Levitt, Miller, Shanks NOES: None ABSENT: Sloan Motion carried UNFINISHED/CONTINUED BUSINESS No items at this time. Page - 7 City Council 05/14/12 NEW BUSINESS No items at this time. SUCCESSOR AGENCY MATTERS Mayor/Chair Levitt called the Successor Agency meeting to order at 9:48 p.m. CONSENT CALENDAR Miller moved, second by Shanks, to approve the recommended actions of the consent calendar as presented. AYES: Deaton, Levitt, Miller, Shanks NOES: None ABSENT: Sloan Motion carried 1. Approved the Minutes of the Successor Agency to the Seal Beach Redevelopment Agency meeting of April 9, 2012. 2. Adopted Resolution No. SA12-11 entitled "A RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY ADOPTING A CONFLICT OF INTEREST CODE CONTAINING DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES". (Fair Political Practice Commission — FPPC) 3. Approved the Demands on Treasury. Warrants: 93092; 93110; 93137 $33,305.52 Year-to-Date: $33,305.52 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. ADJOURNMENT With no objections the City Council meeting was adjourned at 9:49 p.m. to Tuesday, June 29, 2012 at 5:00 p.m. to meet for a study session regarding the City's comprehensive fees and to meet in closed session, if deemed necessary. Cit ' Clerk City of Seal Beach eirAi Approved: Mayor Attest: City lerk