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HomeMy WebLinkAboutCC AG PKT 2012-07-09 #C /CO T>, AGENDA STAFF REPORT ` DATE: July 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 June 25, 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 June 25, 2012 SUBMITTED BY: NOTED AND APPROVED: / OV)1./4/./. Linea Devine, Ci y Clerk fp R. Ingram, City it ager Agenda Item C Seal Beach California June 25, 2012 Mayor Levitt called the adjourned meeting of the Seal Beach City Council to order at 5:00 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Levitt Council Members: Deaton, Miller, Shanks, Sloan 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 (Executive and Mid Managers; OCEA; and SBSPA) - GC §54957.6 and Item"B"-Anticipated Litigation—GC§54956.9 (b)—3 case(s). The City Attorney announced that the City Council gave counsel direction regarding 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 6:40 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2-City Council 06/25/12 Seal Beach California June 25, 2012 The City Council 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: 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 Chief Robert Luman, Seal Beach Police Department Shally Lin, Interim Director of Finance Greg Hastings, Interim Director of Community Development Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS &ORDINANCES The City Manager requested that item "N" be considered after "Items removed from the Consent Calendar". Deaton moved, second by Miller, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS * Recognition of Retirement—Jeff Watson, Maintenance Services Manager ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speaker(s): Esther Kenyon, Seal Beach Chamber of Commerce, thanked the City Council for waiving the special event permit for their summer concert event, announced that the Chamber placed American flags along Main Street and patriotic banners by Shops at Rossmoor, and invited the City Council to the Chamber installation dinner on September 12th; Jo Peterson, Seal Beach, presented a petition signed by residents supporting the reinstatement of the Long Beach Transit bus route#131; Paul Cabral, Marine Avenue, reiterated his need for the bus service due to his disability; Shirley Broussard, representative of SWARM, continued to speak on behalf of the homeless in Seal Beach; Schelly Sustarsic, Candleberry Avenue, expressed her opposition to the 1405 expansion project; Marcha Katz, 14th Street, spoke about the need for the Long Beach Transit bus service; Jim Klisanan, 11th Street, acknowledged the City Council's work with the Lions Club and the Chamber; Nancey Kredel, Seal Way, announced the Founder's Day committee is selling flag scarfs; and Seth Eaker, 13th Street, stated that the Run Seal Beach committee has completed the process in awarding the grant funds from this year's event and will announce the recipients at the July 9th Council meeting, made comments regarding the Long Beach Transit bus issue—the beautification on Main Street — commended staff on the Planning Commission CUP 12-1 matter — expressed the need for the community to come together after the decision is made on the DWP property. 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 06/25/12 CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager expressed her gratitude for the services of the interim Police Chief, Bob Luman and introduced the new interim Police Chief Keith Kilmer who will be serving until a permanent police chief is hired. COUNCIL COMMENTS Councilman Sloan stated he participated in the Leisure World 50th Anniversary parade; Councilman Shanks said that he and Councilwoman Deaton attended the Long Beach Transit Board meeting and stated that the City will continue to work with them to reinstate the services; Mayor Pro Tem Miller commented that he and the Mayor as well as City staff went to Sacramento to lobby the City's legislators, the Caltrans District Director, and Orange County Transportation Authority CEO regarding the 1405 expansion project that will affect the College Park East residents — at this time Caltrans is unwilling to deviate from their decisions on this project, described the proposed alternatives, and requested that an item be placed on the July 9th agenda to send a letter expressing the City Council's opposition to part or all of the 1405 expansion project (with no objections the Mayor so ordered); Councilwoman Deaton announced upcoming events and indicated that the City Manager will send a letter of apology to the Long Beach Transit in hopes that this will help to reinstate the bus services; and Mayor Levitt said he also participated in the Leisure World 50th Anniversary parade and commended all the volunteers for a successful event, reiterated his warning to the residents of the problem of west nile virus and typhus in Orange County, and read his statement expressing the City Council and community's appreciation for the services from the Interim Police Chief, Bob Luman and wished his well on his return to retirement. COUNCIL ITEMS No items at this time. CONSENT CALENDAR Deaton moved, second by Sloan, to approve the recommended actions on the consent calendar as presented. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried *A. Approved the Minutes of the Adjourned and Regular City Council meeting of June 11, 2012. *B. Approved the Demands on Treasury. Warrants: 93672-93849 $777,159.11 Year-to-Date: $34,503,476.49 Payroll: Direct Deposits &Checks $272,279.41 Year-to-Date: $7,066,810.78 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *C. Received and filed the Investment Monthly Report: April 2012. *D. Adopted Resolution No. 6264 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT WITH KEITH L. KILMER FOR INTERIM CHIEF OF POLICE SERVICES" effective June 25, 2012 in the amount of a maximum of$4,000 per week. *E. Adopted Resolution No. 6265 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT WITH JEFF WATSON AS INTERIM MAINTENANCE SERVICES MANAGER"effective July 1, 2012 at a rate of$50.00 per hour with no other benefits. *F. Adopted Resolution No. 6266 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT WITH KEVIN J. McARDLE CONSULTING" for Interim Management and Consulting Services for the Seal Beach Tennis Center at a flat rate of $5,770 per month. Page 4-City Council 06/25/12 *G. Adopted Resolution No. 6267 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING MASTER MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE COUNTY OF ORANGE FOR PUBLIC SAFETY REALIGNMENT AND POST RELEASE COMMUNITY SUPERVISION ENHANCED LAW ENFORCEMENT OVERTIME SERVICES" authorizing the Mayor to execute for and on behalf of the City. *H. Adopted Resolution No. 6268 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT ASSISTANCE PROGRAM (GAP) MONIES" authorizing the Chief of Police to execute all contracts, proposal, and extensions with the State in relations to the 2012-2013 ABC grant in the amount of$45,678(agreement no. 12G-LA50). *I. Approved plans and specifications; adopted Resolution No. 6269 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONTRACT FOR NAVY DRAINAGE EASEMENTS IMPROVEMENTS PROJECT NO. SD1202" (CopperTop Enterprises, Inc. in the amount of $159,620.29); and authorized the City Manager to approve contract changes in the amount of$16,000. *J. Adopted Resolution No. 6270 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE WEST ORANGE COUNTY WATER BOARD FISCAL YEAR 2012-2013 OPERATING BUDGET" (WOCWB operating budget of$189,500 - Seal Beach net share is 14.3% = $27,110). ITEMS REMOVED FROM THE CONSENT CALENDAR No items removed. NEW BUSINESS ITEM "N" / SPECIAL EVENT APPLICATION / JULY 4TH FIREWORKS CELEBRATION/OLD RANCH COUNTRY CLUB The Community Services Supervisor provided a brief history and summary on this item and stated the need for the City Council direction due to the applicant not complying with the filing process deadline. The Mayor stated that this would be the last time that Council will approve this event on an emergency basis. Miller moved, second by Shanks,to waive the 30 day application filing period and approved the special event permit for the July 4th Fireworks Celebration at Old Ranch Country Club. The City Council also directed the City Manager to send a letter to the Old Ranch Country Club stating that the City Council will not approve any future emergency waivers due to the applicant's failure to follow the special event permit process. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "K" / RESOLUTION NO. 6271 / FISCAL YEAR 2012-13 OPERATING BUDGET / 5-YEAR CAPITAL IMPROVEMENT PROGRM (CIP) / ESTABLISH APPROPRIATION LIMIT AND AUTHROIZE APPROPRIATIONS BY FUND Mayor Levitt stated this was the time for consideration of item "K" public hearing. The interim Director of Finance presented a brief staff report stating the budget before the City Council was put together using the City Council's goals and objectives and the input given during the budget study sessions (list of changes to the proposed budget was attached to the staff report). Mayor Levitt opened the public hearing for public comments. Speakers: Jim Caviola, Ocean Avenue, thanked the City Council to the additional funds for the planting of trees throughout the City; Esther Kenyon, Seal Beach Chamber of Commerce, Page-5 City Council 06/25/12 thanked the City Council for the beautification on Main Street; Robert Goldberg, Clipper Way, inquired about the funding allocated for the pavers along Bolsa Avenue and commented on the Dial-a-Ride program; and Brian Kyle, Ocean Avenue, thanked the City Council for approving the funding for the improvement of Main Street lighting. There being no other speakers, Mayor Levitt closed the public hearing. The City Council received clarification on the Dial-a-Ride program with the Assistant City Manager/Director of Public Works stating that the program will continue paying a flat 40 hours per week not by the trip; and the Mayor Pro Tem clarified that the Main Street lighting project has not been approved by Council only setting aside the funds. Miller moved, second by Deaton, to adopt Resolution No. 6271 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING THE FISCAL YEAR 2012/2013 OPERATING BUDGET, 5-YEAR CAPITAL IMPROVEMENT PROGRAM, SUCCESSOR AGNECY TO THE SEAL BEACH REDEVELOPMENT AGENCY BUDGET, SETTING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2012/2013,AND AUTHORIZING APPROPRITATIONS BY FUND". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "L" / RESOLUTION NO. 6272 / 2012-2013 COMPREHENSIVE FEE RESOLUTION Mayor Levitt stated this was the time for consideration of item "L" public hearing. The interim Director of Finance stated the resolution before the City Council was compiled from the recommendations from the cost allocation plan that was prepared by Matrix Consulting Group analyzing the City's related services and costs for programs and the changes made by Council during the study session; and the City Council adopted Resolution No. 6249 authorizing an annual adjustment using the Consumer Price Index. Mayor Levitt opened the public hearing for public comments, there were no speakers, and the Mayor closed the public hearing. Sloan moved, second by Miller, to amend the charges for the Edison Community Gardens: $20.00 for the existing plots and$30.00 for all new plots. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Deaton moved, second by Shanks, to adopt as amended Resolution No. 6272 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ESTABLISHING FEES AND CHARGES FOR GOODS, SERVICES AND FACILITIES PROVIDED BY THE CITY OF SEAL BEACH"and to receive and file the Full Cost Allocation Plan (CAP). AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried With no objections Mayor Levitt called a recess at 8:26 p.m. and reconvened the meeting at 8:39 p.m. ITEM "M" / DWP SPECIFIC PLAN AREA / OCEAN PLACE PROJECT (BAY CITY PARTNERS) (staff report and City presentations are available for review in the City Clerk's office and on the City's website: www.sealbeachca.gov) Mayor Levitt reviewed the procedures for the public hearing and stated this was the time for consideration of item "M" public hearing. Reports were given by the Interim Director of Community Development, City Engineer, RFB Consulting, traffic study consultant, and environmental (hazardous material)consultant. Page 6-City Council 06/25/12 Mayor Levitt opened the public hearing for public comments. Ed Selich, Bay City Partners (applicant), commented that the partners reduced the project development to 32 homes after hearing from the Planning Commission and will consider swapping the 1st Street driveway property for the property at 1st Street and Marina Drive. With no objections Mayor Levitt called a recess at 10:26 p.m. and reconvened the meeting at 10:36 p.m. There were 10 speakers who opposed the project — want a 70/30 split; 7 speakers in support of the project; and 7 speakers had other concerns. There were no other speakers. Mayor Levitt closed the public hearing. Levitt moved, second by Miller, to waive the time limit of the meeting. AYES: Deaton, Levitt, Shanks, Sloan NOES: Miller Motion carried The City Council deliberated, requested that Bay City Partners dedicate the open space to the City, and commented on the findings of the EIR. The City Attorney stated for the record that the following documents will be entered into the record: the staff report and all the attachments; the EIR; and the letter with attachments submitted by the law firm of Chatten-Brown & Carstens dated June 22, 2012. He stated that the letter merely repeated arguments made by that firm in a prior letter submitted as a comment to the EIR, and the City had responded to all of those arguments. The only other argument raised by the June 22 letter is that the EIR needs to be recirculated due to the revised project. However, the City's environmental consultant has analyzed all the modifications and revisions and determined that they would not require recirculation of the EIR, as shown in both the staff report and Resolution 6273. Shanks moved, second by Sloan, to adopt Resolution No. 6273 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE DEPARTMENT OF WATER AND POWER SPECIFIC PLAN AMENDMENT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM". AYES: Deaton, Levitt, Shanks, Sloan NOES: Miller Motion carried The City Attorney noted that staff had revised the draft Specific Plan to emphasize that residential development shall not be permitted south of the imaginary western prolongation of the northerly Central Way right-of-way boundary and to include other revisions regarding the open space and lot dimensions. Deaton moved, second by Shanks, to introduce Ordinance No. 1620 as amended. The City Attorney read the title for the record. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried The City Council continued discussion, and individual councilmembers suggested additional conditions to the tract map. Page-7 City Council 06/25/12 The City Attorney requested that the City Council defer consideration of the tract map until after the Council considers the adoption of the ordinance on July 9, 2012. There are 3 conditions to be added to the tract map: the applicant shall donate to the City that portion of the DWP specific plan area designated as open space; an agreement to exchange the property at the corner of 1st Street and Marina with the driveway to the entrance of the 1St Street parking lot will be required; and that Bay City Partners remove the green fence. The Mayor so ordered that the remainder of the items be continued to July 9, 2012 City Council meeting. UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS (Item reordered and was considered after"Items Removed from Consent Calendar".) N. Special Event Application for July 4th Fireworks Celebration at Old Ranch Country Club—Provide direction with regards to waiving the 30 day application filing period. ADJOURNMENT With no objections the Mayor adjourned the City Council at 12:42 p.m. to Monday July 9, 2012 at 5:30 P.M. 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.