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Home My WebLink AboutCC Min 2012-07-09 Seal Beach California July 9, 2012 Mayor Levitt called the adjourned meeting of the Seal Beach City Council to order at 5:30 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) —4 case(s). The City Attorney announced that the City Council gave counsel direction regarding item "B" for one case and other reportable action was taken. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:50 p.m. fi City e erk City of Seal Beach / # // Approved: Mayor Attest: 4,14, ./ City Clerk Page 2 - City Council 07/09/12 Seal Beach California July 9, 2012 The City Council and 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 Councilman Sloan 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/Agency 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 Keith Kilmer, 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 Shanks moved, second by Miller, to approve the agenda as amended. Mayor Pro Tern Miller pulled item "H" for separate consideration and stated he is not pulling agenda item "G" but wanted his vote to be recorded as a "No" on Ordinance No. 1621 because he believes there should be a run-off election if 50% plus one vote is not obtained in an election and also believes the City Manager's powers and duties should remain in the City Charter and not in the City's Municipal Code. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS * Run Seal Beach—Awarding 2012 Grants— Marc Loopesko, Chairman Elizabeth Kane announced the 65 organizations that received the 2012 grants in the total amount of$156,750 and provided a brief history of the past 10 years. ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speaker(s): Patty Campbell, Ironwood Avenue, Schelly Sustarsic, Candleberry Avenue, and Diana Carey, resident in Westminster, all spoke in opposition to the 1-405 widening projects; Nat Ferguson, Seal Beach Chamber of Commerce, president, commented on item "B" stating that the Eisenhower Park is for everyone to enjoy and the Chamber recommends that people not stake out areas for the concerts before 5:00 p.m.; Mike Buhbe, Central Way, stated his concerns with a structure built on a roof top patio on 4th Street and indicated that the DWP property issue should be sent back to the Planning Commission for their review; and Jim Hardesty, 4th Street, owner of the shade cover on his roof top patio indicated he believes the apparatus is in compliance. There being no other speakers, Mayor Levitt closed oral communications. With no objections, Mayor Levitt called a recess at 7:43 p.m. and reconvened the meeting at 8:00 p.m. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report at this time. Page - 3 City Council 07/09/12 CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager introduced Keith Kilmer, the new interim chief of police, announced the lifeguard department is hosting a blood drive on July 13th, and that on the November 6th ballot will be 2 council seats, city clerk, and 6 charter amendments and the nomination period is July 16th through August 10th. Contact the City Clerk's office for more information. COUNCIL COMMENTS Council members indicated they attended the grand opening of the Animal Care Center cat facility. COUNCIL ITEMS ITEM "A" / LETTER OF OPPOSITION TO THE INTERSTATE 405 WIDENING IMPROVEMENT PROJECT/ALTERNATIVES 2 & 3 (Miller) Mayor Pro Tern Miller had asked that this item be placed on the agenda for Council action. Miller moved, second by Deaton, to authorize the Mayor to sign a letter opposing the 1-405 freeway widening project (Alternates 2 & 3) and sign and submit draft comments before July 17, 2012 regarding the Environmental Impact Report (EIR) related to this project. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "B" / SEAL BEACH CHAMBER OF COMMERCE / SUMMER CONCERT SERIES / EISENHOWER PARK (Deaton/Levitt) The City Council discussed the concerns related to Eisenhower Park and concert goers staking out the entire park all day — it was recommended that signs be posted at the park indicating the time when items may be placed to reserve seating and any items left before that time would be removed and placed in a "lost and found" area for concert goers to retrieve. Deaton moved, second by Sloan, directing staff to work on a solution regarding the issue of concert goers staking out areas at Eisenhower Park during the Chamber of Commerce Summer Concert Series. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR Deaton moved, second by Miller, to approve the recommended actions on the consent calendar except for item "H", removed for separate consideration. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried *C. Approved the Minutes of the Adjourned and Regular City Council meeting of June 25, 2012. *D. Approved the Demands on Treasury. Warrants: 93852-94048 $2,105,981.78 Year-to-Date: $36,609,458.27 Payroll: Direct Deposits & Checks $276,072.55 Year-to-Date: $7,342,883.33 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *E. Received and filed the Investment Monthly Report: May 2012. *F. Adopted Resolution No. 6277 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET MODIFICATION NO. 12-12-01 REVISING THE FISCAL YEAR 2011/12 BUDGET". (See Item "L") Page 4 - City Council 07/09/12 *G. Adopted the following for the purpose of electing for a full term of four years City Council Members in Councilmanic Districts Two and Four and City Clerk and placing before the voters ballot measures amending the Seal Beach City Charter: 1) Ordinance No. 1621 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER AND ORDERING THE SUBMISSION TO THE VOTERS OF MEASURES RELATING TO AMENDMENTS OF THE SEAL BEACH CITY CHARTER"; (Miller cast a no vote) 2) Resolution No. 6278 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF THE ELECTIONS CODE"; 3) Resolution No. 6279 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENTS SUBMITTED TO THE VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012"; 4) Resolution No. 6280 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL SETTING PRIORITIES FOR FILING WRITTEN PRIMARY ARGUMENTS REGARDING CITY MEASURES, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF SUCH MEASURES"; (Charter Amendments) 5) Resolution No. 6281 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT THE NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION"; and 6) Resolution No. 6282 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL PROVIDING FOR THE CONDUCT OF A RUN-OFF ELECTION IN THE EVENT NO CANDIDATE RECEIVES A MAJORITY (50% PLUS 1) OF ALL THE VOTES CAST AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2012". (to be held on Tuesday, January 29, 2013 — all mail-in ballot election will be conducted) *H. Pulled for separate consideration. (Miller) *H. American Youth Soccer Organization (AYSO) Region No. 159 — Adopt Resolution No. 6283 approving a facility license agreement with AYSO for the use of Arbor Park at no cost and AYSO will assume all maintenance and associated costs for the athletic fields. *1. Adopted Resolution No. 6284 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR THE MAIN STREET TREE PLANTING PROJECT NO. ST1110". (JDC, Inc. - in the amount of $214,096.30) *J. Adopted Resolution No. 6285 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR ARBOR PARK RESURFACING PROJECT NO. PR1102". (approving Amendment No. 1 to the contract with Excel Paving Co. amending the total amount to $72,674.05) *K. Adopted Resolution No. 6286 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR THE SEAL BEACH BOULEVARD REALIGNMENT PROJECT NO. 49750". (approving Amendment No. 1 to Page - 5 City Council 07/09/12 the construction contract with Sequel Contractors, Inc. amending the total cost to $1,487,122.53; approving additional grants funds to design engineer contract with Kimley Horn and Associates in the amount of $51,749.41; and approving Amendment No. 1 to the contract with Kimley Horn and Associates amending the total amount to $209,933.41) *L. Received and filed the staff report updating the State Revolving Fund Loan Program; approved Budget Modification No. 12-12-01 in the amount of $400,000 (item "F"); and adopted Resolution No. 6287 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENT NO. 1 TO THE CONTRACT WITH CHARLES KING COMPANY FOR CONSTRUCTION FOR THE COLLEGE PARK EAST SEWER REHABILITATION PROJECT NO. SS0901". (Charles King Co. - total amount of$2,950,961.17) ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" / RESOLUTION NO. 6283 / ARBOR PARK / AMERICAN YOUTH SOCCER ORGANIZATION — REGION 159 / FACILITY LICENSE AGREEMENT Mayor Pro Tern Miller pulled this item and requested that the Army Corps. of Engineers approve the agreement. Miller moved, second by Sloan, to adopt Resolution No. 6283 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE FACILITY LICENSE AGREEMENT FOR USE OF ARBOR PARK ATHLETIC FIELDS WITH THE AMERICAN YOUTH SOCCER ORGANIZATION REGION NO. 159" and add language to the license agreement that the agreement would not be in effect until the City obtains consent from the Army Corps. of Engineers. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING No items at this time. UNFINISHED/CONTINUED BUSINESS A brief staff report was provided by the Director of Community Development. The City Attorney highlighted certain features of the ordinance and agreement. Ed Selich, representative for the Bay City Partners, confirmed that the partners have agreed to donate the open space to the City. The City Council discussed the final revised specific plan and indicated that final Council approval is dependent on Bay City Partners fully executing the Disposition and Development Agreement. Deaton moved, second by Shanks, to adopt Ordinance No. 1620 entitled "ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING SPECIFIC PLAN AMENDMENT 11-1 AND ZONING MAP AMENDMENT 11-1 TO AMEND THE DEPARTMENT OF WATER AND POWER SPECIFIC PLAN TO AUTHORIZE RESIDENTAL USE THEREIN AND THE SEAL BEACH ZONING MAP TO MODIFY THE BOUNDARIES OF THE SPECIFIC PLAN AREA" (Ocean Place Project - Bay City Partners); AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Deaton moved, second by Shanks, to adopt Resolution No. 6274 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING GENERAL PLAN AMENDMENT 11-1 TO DESIGNATE A PORTION OF THE DWP SPECIFIC PLAN AREA AS RESIDENTIAL AND DIRECTING THE CITY CLERK TO MAKE CORRESPONDING CHANGES TO THE GENERAL PLAN IN CONNECTION THEREWITH"; Page 6 - City Council 07/09/12 AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Deaton moved, second by Shanks, to adopt Resolution No. 6275 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING TENTATIVE TRACT MAP 17425, A 32-LOT RESIDENTIAL SUBDIVISION IN THE DEPARTMENT OF WATER AND POWER SPECIFIC PLAN AREA"; and AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Deaton moved, second by Shanks, to adopt Resolution No. 6276 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND BAY CITY PARTNERS, LLC REGARDING DEVELOPMENT OF THE DWP SPECIFIC PLAN AREA". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried NEW BUSINESS The Assistant City Manager introduced Zeke Kayiran, consultant with AKM, who provided a presentation regarding the Water Master Plan. Levitt moved, second by Miller, to adopt Resolution No. 6288 adopting the City of Seal Beach Water Master Plan Update. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried SUCCESSOR AGENCY MATTERS Chair Levitt called the agency to order at 9:26 p.m. The City Attorney pulled item "3" from the consent calendar for separate consideration. Sloan moved, second by Miller to approve the recommended actions on the consent calendar except for item "3". 1. Approved the Minutes of the Successor Agency to the Seal Beach Redevelopment Agency meeting of June 11, 2012. 2. Approved the Demands on Treasury. Warrants: 100-103 $41,221.86 Year-to-Date: $74,527.38 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM REMOVED FROM CONSENT CALENDAR ITEM "3" / AB 1484 / CLEAN-UP BILL TO AB X1 26 / POTENTIAL PAYMENT TO COUNTY/JULY 1, 2012 The Agency Counsel provided a brief staff report indicating the State legislators passed AB1484 requiring local agencies to pay "surplus" tax revenues to the County by July 12, 2012 and failure to do so the City would be subject to a penalty of 10% of the amount owed plus 1.5% of the amount owed and the City would not receive the sales and use taxes scheduled to be distributed on July 18, 2012. Staff recommends that the Board authorize the payment demand by the County Auditor-Controller from available Successor Agency funds and attach a cover letter explaining that the payment is made under protest and without waiver of any legal rights and remedies the Successor Agency has or may have to challenge the payment, the amount of the payment, or the legality of the payment. Shanks moved, second by Deaton, to authorize staff to make the payment to the County Auditor-Controller with the cover letter. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page - 7 City Council 07/09/12 ADJOURNMENT With no objections the Mayor adjourned the meetings of City Council and Successor Agency at 9:40 p.m. to Monday July 23, 2012 at 4:30 p.m. to meet for AB1234 Biannual Ethics Training. ity Clerk City of Seal Beach 1 t .--1-\;11,./ ' Approved: Mayor Attest: fa, ( ji City Clerk I