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Home My WebLink AboutCC AG PKT 2012-09-10 #AAGENDA STAFF REPORT DATE: September 10, 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: a`,eF•. s Approve the minutes for the adjourned and regular City Council meeting of August 13, 2012 and the regular City Council meeting of August 22, 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 August 13, 2012 and the regular City Council meeting of August 22, 2012. SUBMITTED BY: A( Zvi 'I" in a Devine, City Clerk NOTED AND APPROVED: �' • M, Ci . - 4 Agenda Item A Seal Beach California August 13, 2012 Mayor Pro Tem Miller called the adjourned meeting of the Seal Beach City Council to order at 5:30 p.m. in the City Council Chambers. ROLL CALL Present: Mayor Pro Tern Miller Council Members: Deaton, Shanks, Sloan Absent: Mayor Levitt City Staff: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager Sean Crumby, Assistant City Manager /Public Works Linda Devine, City Clerk 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 - SBSPA) - GC §54957.6; Item "B" - Anticipated Litigation — GC §54956.9(b) — 1 case(s); and Item "C" — Pending Litigation — GC §54957.6(a) - Jack J. Pelenty, et al v. City of Seal Beach, et al., SACV10 -0 1939 CJ (Ex). The City Council met in closed session to discuss the items listed above and no reportable action was taken. ADJOURNMENT It was the order of the Mayor Pro Tern, with consent of the Council to adjourn the meeting at 6:50 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2 - City Council 08/13/12 Seal Beach California August 13, 2012 The City Council and Successor Agency to the Seal Beach Redevelopment Agency met in regular session at 7:00 p.m. with Mayor Pro Tern Miller calling the meeting to order and Councilman Sloan leading the Salute to the Flag. ROLL CALL Present: Mayor Pro Tem /Board Member Miller Council /Board Members: Deaton, Shanks, Sloan Absent: Mayor /Chair Levitt 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 Keith Kilmer, Seal Beach Police Department Shally Lin, Interim Director of Finance Greg Hastings, Interim Director of Community Development Linda Devine, City Clerk/Secretary Deaton moved, second by Shanks, to excuse Mayor Levitt from the August 13, 2012 City Council meeting. AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES The City Attorney announced that "New Business" item "O" relating to the November 6, 2012 General Election requires City Council action before the next City Council meeting — this matter was brought to the attention of city staff after the agenda was posted and falls under Government Code §54954.2(b)(2). Deaton moved, second by Shanks to add this item to the agenda. AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried Councilwoman Deaton requested that item "J" be pulled from the consent calendar for separate consideration. Shanks moved, second by Sloan, to approve the agenda as amended. AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried PRESENTATIONS /RECOGNITIONS None at this time. ORAL COMMUNICATIONS Mayor Pro Tern Miller opened oral communications. Speaker(s): There were eight speakers regarding the Long Beach Transit issue and reiterated their plea for the City to assist in trying to prevent the service of bus route 171 from being discontinued; Mike Buhbe, Central Way, stated his opinion of the roof top structure issue that is before the Planning Commission; and Schelly Sustarsic, Candleberry Avenue, announced that the Founder's Day event is scheduled for October 7, 2012. There being no other speakers, Mayor Pro Tern Miller declared oral communications closed. Page - 3 City Council 08/13/12 CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report given. CITY MANAGER REPORT Jill R. Ingram, City Manager Update Report on Long Beach Transit issue — Patrick Gallegos, Administrative Manager; ➢ Introduced Diana Bean, new Seal Beach Chamber of Commerce, Executive Director; ➢ Introduced Vikki Beatley, new Director of Finance /City Treasurer and thanked Shally Lin for her services as the interim director; ➢ Report on the following: National Night Out; upcoming Police Department Community meeting in College Park East on August 16th; RAD -Kids program; and National Take Back on September 29th (dispose prescription drugs) — Sgt. Steve Bowles; ➢ Announced the Fall 2012 Recreation Guide has been mailed to all residents and are available at City Hall and at the different facilities; and ➢ Update Report on West County Connector Project — Sean Crumby, Assistant City Manager /Public Works COUNCIL COMMENTS Councilman Shanks commended staff on a well written letter signed by Mayor Levitt extending the sympathy from the City of Seal Beach to the City of Aurora, CO, during their time of the shooting tragedy; and Councilwoman Deaton welcomed the new Director of Finance, commented on the Police Department events, and announced the green fence around the DWP property on 1st Street is scheduled to be taken down this week. COUNCIL ITEMS No items at this time. CONSENT CALENDAR Shanks moved, second by Sloan, to approve the recommended actions on the consent calendar except for item "J" removed for separate consideration. The City Attorney stated that there was a change to the contract with Victoria L. Beatley as the Director of Finance. (page 9 - Section L. Administrative Leave — Employee shall receive 96 48 hours of administrative leave each fiscal year.) AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried *A. Approve the Minutes of the Adjourned and Regular City Council meeting of July 23, 2012. *B. Approved the Demands on Treasury. Warrants: 94263 -94664 $2,914,834.21 Year -to -Date: $6,983,488.97 Payroll: Direct Deposits & Checks $291,026.38 Year -to -Date: $602,342.60 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: June 2012. *D. Adopted Resolution No. 6300 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET MODIFICATION NO. 13 -02 -01 REVISING THE FISCAL YEAR 2012/13 BUDGET. (see Agenda Items 'G', 'H', and 9') *E. Accepted the resignation from Scott Joslyn as the alternate representing District 4 on the AdHoc General Plan /Local Coastal Plan Citizens Advisory Committee. Page 4 - City Council 08/13/12 *F. Adopted Resolution No. 6301 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY AND VICTORIA L. BEATLEY FOR THE POSITION OF DIRECTOR OF FINANCE /CITY TREASURER" - effective August 14, 2012 at a starting salary of $147,632.28 with benefits. *G. Adopted Resolution No. 6302 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CIVICSTONE INC., FOR IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WITHIN LEISURE WORLD" - in the amount not to exceed $60,000. (Agenda item "D"- Budget Modification No. 13- 02 -01) *H. Received the 2012 Run Seal Beach Grant Funds awarded to the Community Services Department ($12,400), Police Department ($8,000), and Junior Lifeguard Program ($4,600). (Agenda item "D" - Budget Modification No. 13 -02- 01) *I. Adopted Resolution No. 6303 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH DAVID VOLZ DESIGN FOR THE DESIGN OF A MEMORIAL IN SEAL BEACH" (in the amount of $29,000 to prepare a design concept and all necessary construction documents) (Agenda item "D" - Budget Modification No. 13- 02 -01) *J. Pulled from Consent Calendar for separate consideration. (Deaton) *J. City of Long Beach - Animal Control — Adopt Resolution No. 6304 approving Amendment No. 1 to extend current agreement with the City of Long Beach for animal control services and to implement CPI adjustments. *K. Adopted Resolution No. 6305 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR RIVER'S END STAGING AREA AND BIKEWAY ENHANCEMENT PROJECT NO. BP0901" (Golden State Constructors, Inc. in the amount of $1,585,269.61). *L. Adopted Resolution No. 6306 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENT NO. 1 TO THE CONTRACT WITH DOMINGUEZ GENERAL ENGINEERING, INC. AND FOR DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENT FOR CONSTRUCTION FOR THE 12 -INCH HELLMAN WATER TRANSMISSION MAIN RELOCATION PROJECT NO. WT0901" (increase construction service cost by $4,670.43 bring the total cost to $457,764.43). *M. Adopted Resolution No. 6307 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR 2012 ANNUAL CONCRETE REPAIR PROGRAM PROJECT NO. ST1104" (approved Amendment No. 1 to the contract with Mora's Equipment & Construction, Inc. increasing the project cost by $416.76 bringing the total cost to $47,341.76). ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "J" / RESOLUTION NO. 6304 / CITY OF LONG BEACH / ANIMAL CONTROL SERVICES / AMENDMENT NO. 1 (Deaton) Councilwoman Deaton pulled this item and inquired about the amount of animal control service that is provided to the Old Town area; indicated that her neighbor contacted her regarding dog owners not obeying the laws like dogs not on leashes, dogs tied to benches outside restaurants on Main Street, and the dog owners not picking up the dogs' feces; and suggested a change in the agreement so that there is more enforcement service in the Old Town area. Suggested Page - 5 City Council 08/13/12 change: remove language in original agreement: Section 2.B.ii. `To patrol the streets and beaches of Seal Beach wheneverpessd;le, to enforce the provisions of the Seal Beach Municipal Code relating to animal control." Ted Stevens, acting Manager of Animal Care Services — City of Long Beach, was present and answered questions from the City Council. With no objections, Mayor Pro Tern so ordered this item be continued to the next City Council meeting in order for staff to contact the City of Long Beach regarding the proposed revision to the animal control service agreement. PUBLIC HEARING ITEM "N" / RESOLUTION NO. 6308 / 2012 -2013 ALLOCATION OF STATE CITIZENS' OPTIONS FOR PUBLIC SAFETY (COPS) FUNDS / SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) GRANT Mayor Pro Tern Miller stated this was the time for consideration of item "N" public hearing. Interim Chief of Police presented a brief staff report for this on -going grant. Mayor Pro Tern Miller opened the public hearing for public comments. There were no speakers — Mayor Pro Tern Miller closed the public hearing. Deaton moved, second by Sloan, to adopt Resolution No. 6308 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING APPROVAL OF THE FISCAL YEAR 2012 -13 CITIZENS OPTION FOR PUBLIC SAFETY - SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND GRANT EXPENDITURE PLAN AND GRANT" - authorizing the acceptance of funds of approximatelt $100,000 provided under State Assembly Bill 3229, Chapter 134. AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS (added after posting of agenda) ITEM "O" / RESOLUTION NO. 6309 / RECEIVE CERTIFICATION — ONLY ONE CANDIDATE FILED FOR EACH OFFICE TO BE FILLED / ORDINANCE NO 1622 /WITHDRAW SUBMISSION OF BALLOT MEASURES The City Attorney presented a brief staff report regarding the General Municipal election schedule for November 6, 2012. At the end of the nomination period, August 10, 2012 at 5:00 p.m., only one candidate was nominated for each office to be filled at the election. In the situation where only one person has been nominated for an office, the California Elections Code §10229 provides that the City Council may: 1) Appoint to the office the person who has been nominated; or 2) Hold the election. A notice of these facts needs to be published in a newspaper of general circulation in the City pursuant to §6061 of the Government Code and set a City Council meeting date after the fifth day following the date of publication to either make the appointment(s) or direct an election to be held. Staff recommended that if the election for City offices is cancelled, that the City Council consider withdrawing the Charter amendments from the ballot because there is no urgency to present the proposed Charter amendments at this time and the proposed Charter amendments can be brought back for consideration to be placed on the ballot of a future election. Due to the deadline dates set in the elections code the City Council is asked to adopt the proposed resolution and ordinance at this time and adjourn to August 22, 2012 at 5:00 p.m. to consider the cancellation of the election and appoint the incumbents to fill the offices. Shanks moved, second by Deaton, to adopt Resolution No. 6309 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL RECEIVING THE CITY CLERK'S CERTIFICATION THAT ONLY ONE CANDIDATE HAS BEEN Page 6 - City Council 08/13/12 NOMINATED FOR EACH OFFICE TO BE FILLED AT THE NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION ". (Notice published in Sun Newspaper on August 16, 2012) AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried Deaton moved, second by Shanks, to adopt Ordinance No. 1622 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING SECTIONS 2 AND 3 OF ORDINANCE NO. 1621 RELATED TO SUBMITTING TO THE CITY'S ELECTORS PROPOSED BALLOT MEASURES AMENDING THE SEAL BEACH CITY CHARTER" - The City Attorney read the title for the record and stated that pursuant to the City Charter the ordinance will be effective immediately. AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried SUCCESSOR AGENCY MATTERS Mayor Pro Tem Miller called the Successor Agency to order at 8:23 p.m. Shanks moved, second by Deaton, to approve the minutes of July 23, 2012. AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried The Agency Legal Counsel stated that there was not a need to go into closed session at this time. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda: item '2° conference with legal counsel — anticipated litigation GC §54957.6(c) ADJOURNMENT With no objections Mayor Pro Tern Miller adjourned the meeting of the Successor Agency and adjourned the City Council meeting at 8:24 p.m. to Wednesday August 22, 2012 at 5:00 p.m. (By previous action of the City Council the August 27, 2012 City Council meeting has been cancelled.) Approved: Attest: Mayor City Clerk City Clerk City of Seal Beach 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 eNar1 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. Seal Beach California August 22, 2012 The City Council met in adjourned regular session at 5:00 p.m. with Mayor Pro Tern Miller calling the meeting to order and Councilwoman Deaton leading the Salute to the Flag. ROLL CALL Present: Mayor Pro Tern Miller; Council Members: Deaton, Shanks Absent: Mayor Levitt; Council Member 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 Keith Kilmer, Seal Beach Police Department Victoria L. Beatley, Director of Finance /City Treasurer Greg Hastings, Interim Director of Community Development Linda Devine, City Clerk/Secretary Deaton moved, second by Shanks, to excuse Mayor Levitt and Council Member Sloan from the August 22, 2012 City Council meeting. AYES: Deaton, Miller, Shanks NOES: None ABSENT: Levitt, Sloan Motion carried ORAL COMMUNICATIONS Mayor Pro Tern Miller opened oral communications. Speaker(s): There being no speakers, Mayor Pro Tern Miller declared oral communications closed. COUNCIL ITEMS ITEM "A" / ORDINANCE NO. 1623 / REPEALING ORDINANCE NO 1621 / CANCELLING THE GENERAL MUNICIPAL ELECTION / NOVEMBER 6 2012 The City Attorney gave a brief staff report stating that the notice received by the City Council at the August 13, 2012 Council meeting was published in the Sun Newspaper on August 16, 2012 and pursuant to the Election Code it is now time for the City Council to adopt an ordinance to cancel the election and to appoint to office those persons who have been nominated. Shanks moved, second by Deaton, to adopt Ordinance No. 1623 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING ORDINANCE NO. 1621 TO CANCEL THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 6,2012-. AYES: Deaton, Miller, Shanks NOES: None ABSENT: Levitt, Sloan Motion carried Deaton moved, second by Shanks, to appoint to office David W. Sloan as Member of the City Council — District 2. AYES: Deaton, Miller, Shanks NOES: None ABSENT: Levitt, Sloan Motion carried Shanks moved, second by Deaton, to appoint to office Gary A. Miller as Member of the City Council — District 4. The City Attorney stated that he has advised Mayor Pro Tern Miller to abstain to avoid the appearance of any conflict of interest in appointing himself to office. Page 2 - City Council 08/22/12 AYES: Deaton, Shanks NOES: None ABSENT: Levitt, Sloan ABSTAIN: Miller Motion carried Deaton moved, second by Shanks, to appoint to office Linda Devine as City Clerk. AYES: Deaton, Miller, Shanks NOES: None ABSENT: Levitt, Sloan Motion carried ADJOURNMENT With no objections Mayor Pro Tern Miller adjourned the meeting of City Council at 5:07 p.m. to Monday September 10, 2012 at 5:30 p.m. (By previous action of the City Council the August 27, 2012 City Council meeting has been cancelled.) Approved: Attest: Mayor City Clerk City Clerk City of Seal Beach 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 Councl 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. Seal Beach California August 27, 2011 The regularly scheduled meeting of the City Council for this date was cancelled by action of City Council at the July 23, 2012 City Council meeting. City Clerk and ex- officio clerk Of the City of Seal Beach