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HomeMy WebLinkAboutCC AG PKT 2012-12-10 #A JOINT AGENDA STAFF REPORT t r DATE: December 10, 2012 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL AND SEAL BEACH PUBLIC FINANCING AUTHORITY MINUTES SUMMARY OF REQUEST: Approve the minutes for the adjourned and regular City Council meeting of November 13, 2012 and the minutes Seal Beach Public Financing Authority of December 12, 2011. 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 November 13, 2012 and the minutes Seal Beach Public Financing Authority of December 12, 2011. A a BMI TTED TED AND AP ROVED: a b e-v i n e,'b ity Clerk ill . Ingram, City M n ger Agenda Item A Seal Beach California November 13, 2012 Mayor Levitt called the adjourned meeting of the Seal Beach City Council to order at 5:35 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Levitt Council Members: Deaton, Miller, Shanks,Sloan City Staff: Jill R. Ingram, City Manager Steven Flower,Assistant City Attorney Sean Crumby,Assistant City Manager/Public Works 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; and Item "B" - Conference with Real Property Negotiators - GC §54956.8 - Property: Ruby's Diner-restaurant located at the end of the Seal Beach Pier. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:15 p.m. The Assistant City Attorney announced at the regular meeting that the City Council met in closed session and discussed the items on the agenda -gave direction to the labor negotiator on item 'A'; gave direction to the property negotiator regarding item 'B'; and no other reportable action was taken. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2-City Council 11/13/12 Seal Beach California November 13, 2012 The City Council met in regular session at 7:00 p.m. with Mayor Levitt calling the meeting to order in the City Council Chambers and Mayor Pro Tern Miller lead the Salute to the Flag. ROLL CALL Present: Mayor Levitt; Council Members: Deaton, Miller, Shanks, Sloan City Staff: Jill R. Ingram, City Manager Steven Flower,Assistant City Attorney Sean P. Crumby, Assistant City Manager/Public Works Chief Keith Kilmer, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Victoria L. Beatley, Director of Finance/City Treasurer Greg Hastings, Interim Director of Community Development APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS &ORDINANCES Mayor Levitt announced that the public hearing on the appeal of the Planning Commission approval of Conditional Use Permit 12-10 (vacation/short-term rental at 413 Ocean Avenue) has been re-noticed, at the request of the property owner, to December 10, 2012. Those present were told if they are unable to attend the meeting on December 10th, they may speak at the time this item is on the agenda (item "M"). The City Manager stated that there was a clerical error in the numbering of the resolutions approved at the October 22nd Council meeting which means that the numbering of the resolutions in tonight's agenda are not accurate and the correction will be reflected in the minutes (errata sheet was provided to the Council). The City Manager expressed apologies that due to extenuating circumstances, the Council meeting was not be able to be viewed live on the website, the replay is scheduled for Sunday on SBTV3, and the website on- demand video of the meeting will be uploaded. Deaton and Miller pulled item "H" from the consent calendar for separate consideration. Deaton moved, second by Shanks, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS • US Marine Corps Week—November 12-18,2012 Major Andy Roberts and Captain Timothy J. McPeak were present to receive the proclamation. • "Shop Local 2012"-Seal Beach Chamber of Commerce Deb Machen, Chamber President, and Seth Eaker, Chamber Legislative Affair Representative,were present to receive the proclamation. • Orange County Transportation Authority- West County Connector Project Update Sarah Swensson-King, OCTA Senior Community Relations Specialist, presented the update. ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speaker(s): Bill Ihrke, from Rutan & Tucker, LLP — representing JB Properties, commented on agenda item "E" Page-3 City Council 11h3M2 (initiate a General Plan Amendment (zone change) needed for the property located at 1701 Adolfo Lopez Drive - Accurate Storage); Laura Ellsworth, Coastline Drive/Lions Club/Seal Beach Chamber of Commerce, reported that the Lions Club ia refurbishing 18 benches on the pier adding that the fishermen are using the benches hz cut their bait and requested that the City limit the fishing anaenendhnum—a|moannouncodthe 24mAnnua| Tree Lighting Ceremony will be on Saturday November 24 m; Matthew Harper, Huntington Beach Qh/ Councilman,was present hn seek the support for one of the two appointments hz the OCTA Board of Directors; Kami Ferraiz, 8th Street, spoke on agenda item "D" (Ordinance Nu. 1O24— Prohibiting Short Term Vacation Ronha|a) requesting that they be allowed to file their application fore CUP; Bmom K8onroe, Soahremze Drive, commented on the Local Coastal Program and that the City should protect the environment; and Seth Eaker, 13p Street/Seal Beach Chamber of Cnmmence, spoke on agenda item "E" (Housing Element) encouraged that light manufacturing remain. There being no other speakers, Mayor Levitt declared oral communications closed. CITY ATTORNEY REPORT Steven F|ower, Esq.,Assistant City Attorney The Assistant City Attorney announced that the City Council met in o|000d session and discussed the items on the agenda — gave direction to the labor negotiator on item ^A''; gave direction to the property negotiator regarding item ^B^.and nu other reportable action was taken. CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager wished everyone a happy, healthy, and safe Thanksgiving and introduced Luis Eobavez who will be the new Deputy Director of Put8|n Works/Maintenance and Utilities. COUNCIL COMMENTS Councilman Sloan announced that he had attended the Veteran's Day service at Eisenhower Pork; Mayor Pro Tam Miller mtobud that former Mayor Patty Campbell's husband passed away and the memorial service will be on Saturday, November 17m; Councilwoman Qnntun requested an item beplaced onafuture agenda to discuss limiting pier fishing 1iman, enaas, and enforcement options; and Mayor Levitt said that he also attended the Veteran's Day services at Eisenhower Park. COUNCIL ITEMS Nu items at this time. CONSENT CALENDAR Deabm moved` aounnd by Shanks, ho approve the recommended actions on the consent calendar as Vneaenbed, except for item ^H^ — pulled for separate consideration. The Assistant City Attorney read the title of Ordinance No.1624 for the record. AYES: Daahun. Levitt, Miller, Shanks, Sloan NOES: None Motion carded *A. Approved the W1inuhaa of the Adjourned and Regular City Council meeting of October 22. 3012. (Reflect the correction in the numbering of the resolutions—8A18 through OQ22 should beO318 through G322) °B. Approved the Demands un City Treasury. YVonarko: 95545'95830 $888'949.30 Year-to-Date: o13.858'84021 Payroll: Direct Deposits &Chooke $255,330A7 Year-to-Date: *2,296.08881 vvo,m'date are actual Gash disbursements anuovn^'mm,wp*"*/r^pe"onvresmewveo,end accruals, °C. Received and filed the Investment Monthly Report: September 2012. Page 4-City Council 11M3/12 10. Adopted Ordinance No. 1824 entitled "AN ORDINANCE C)F THE CITY OF SEAL BEACH APPROVING ZONE TEXT AMENDMENT 12-3 PROHIBITING RENTAL OF RESIDENTIAL PROPERTY ON A SHORT- TERM BASIS". °E. Adopted Resolution No. 6323 entitled 'Y\ RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT WITH J.H. DOUGLAS & ASSOCIATES FOR HOUSING ELEMENT IMPLEMENTATION CONSULTING SERVICES" (in the amount not to exceed $72.500 ' for implementation of the adopted 2008/2014 Housing Element and for the preparation of the 2013/2021 Housing Element); and initiate a General Plan Amendment(zone change)for the property located et1Y01 Adolfo Lopez Drive(Accurate Shnrmge). °F. Seal Beach Classification Plan —AdopVed Resolution No. 6324 entitled "4 RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AMENDMENT TO THE CLASSIFICATION PLAN BY ADDING THE CLASSIFICATION DF ASSISTANT PLANNER" and adopt Resolution No. G325 entitled ')4 RESOLUTION OF THE SEAL BEACH CITY COUNCIL DESIGNATING THE PAY GRADE AND STATUS OF ASSISTANT PLANNER CLASSIFICATION ON THE REGULAR EMPLOYEES PAY STRUCTURE"(Grade 28-monthly pay range cf$8'022.59—$7'320.50). °G. Ratified the City Manager's consent for Ruby's Diner, located ot the end of the Seal Beach Pier (Art Hmmok), to continue operating on a month-to- month tenancy. °H. Pulled for separate consideration. (Deahzn/[NiUer) °H' Seal Beach Parks&Community Services MasterPien—Adopt Resolution No. 6326 approving an agreement with Richard Fisher Associates, in the amount not to exceed $99.956. for the preparation of the City of Goa| Beach Parks & Community Services Master Plan. °|. Adopted Resolution No. 6327 entitled 'Y\ RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONSTRUCTION CONTRACT FOR SEAL BEACH BOULEVARD AND GOLDEN RAIN ROAD INTERSECTION IMPROVEMENTS PROJECT NO. ST11O7AND APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND KDA CORPORATION FOR CONSTRUCTION SUPPORT SERVICES" (approving the plans and specifications, awarding the contract to Flatiron Beutho Gnoup, inc. in the amount of $265`041. approving Amendment No. 1 to KOA Corporation agreement in the amount of $12.500. approving expenditure of up to $20.000 for construction support (inspection) to Coau|as Construction Semiceo, and authorizing the City Manager to approve contract changes inthe amount of $27.008. Consider o donation request from the Golden Rain Foundation for the existing traffic signal heads replaced by this construction project). °J. Adopted Resolution Mo. 6328 entitled "4 RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONSTRUCTION CONTRACT FOR OLD TOWN AND HILL SEWER LINING C.|.P.P. PROJECT N{>. SS0901-2; AND APPROVING AMENDMENT NO. 1 T0 THE AGREEMENT BETWEEN THE CITY AND C|V|LTEC ENGINEERING INC. FOR CONSTRUCTION SUPPORT SERVICES" (approving the plans and apeoifioaUona, awarding the contract to Sonuon Engineering Inc. in the amount of $1.G55.111.75. approving Amendment No. 1 to the agreement with Qvi|tec Engineering Inc. in the amount of $11.8BO. approving expenditure ofuAho $4O.00D for construction support (inspection) to Ceeu|ae Construction Semioen, and authorizing the City Manager to approve contract changes in the amount of$170.00O). Page-5 City Council 11/13/12 *K. Adopted Resolution No. 6329 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ABLE BUILDING MAINTENANCE FOR JANITORIAL MAINTENANCE SERVICES"(in the amount of$130,000 per year). *L. Adopted Resolution No. 6330 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING COOPERATIVE AGREEMENT NO. C-2-1850 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY REGARDING STATE-LOCAL PARTNERSHIP PROGRAM (SLPP)" (to receive funds for road rehabilitation in the amount of$318,000 - City matching contribution will be used from Measure M2 turnback funds). ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H' / RESOLUTION NO. 6326 / SEAL BEACH PARKS & COMMUNITY SERVICES MASTER PLAN Councilwoman Deaton pulled this item and inquired if the master plan would have a facilities maintenance schedule included. The Recreation Manager provided the staff report outlining the scope of work for the development of the master plan (community in-put will set the priorities)— Richard Fisher, consultant, was also present to answer any questions and indicated that this document will be used to help staff. Mayor Pro Tern Miller inquired if the beach, fishing on the pier, Jr. Lifeguard Program (recreational program), community pool, community gardens, and the open space property on 1st Street were included in the scope of work—Response: From the community surveys and at the community out-reach meetings these areas can be brought up for consideration. The City Manager indicated that the City Council can direct the consultant to include any areas they want to be included in the scope of work with respect to those areas in the out- reach community meetings and the survey so that the findings will be addressed in the final document. Deaton moved, second by Miller, to adopt Resolution No. 6326 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF THE CITY OF SEAL BEACH PARKS AND COMMUNITY SERVICES MASTER PLAN" and to include the beach and pier on the list. (Richard Fisher Associates, in the amount not to exceed$99,956) AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "M" / APPEAL PLANNING COMMISSION RESOLUTION NO. 12-20 / APPROVING CONDITIONAL USE PERMIT 12-10/413 OCEAN AVENUE Councilwoman Deaton recused herself and left the Council Chambers at 8:25 p.m. due to her residence being within 500 feet of the subject property. Mayor Levitt stated this was the time for consideration of item "M" appealing the Planning Commission decision approving vacation/short-term rental for the property located at 413 Ocean Avenue. At the request of the property owner, the public hearing on this matter has been rescheduled for December 10, 2012 City Council meeting. With no objections, Mayor Levitt called for a recess at 8:25 p.m. and reconvened the meeting at 8:35 p.m. Page 8-City Council 11M8d2 Mayor Levitt opened the public hearing. There were no speakers adthis time. With no objections, Mayor Levitt continued the public hearing to 7:00 p.m. December 1O.2O12 City Council meeting. Councilwoman Deaton returned to the Council Chambers ot8:38pm. UNFINISHED/CONTINUED BUSINESS No items cd this time. NEW BUSINESS ITEM "N" / STORM DRAIN PROGRAM UPDATE / COLLEGE PARK EAST STORM DRAIN ALTERNATIVE REPORT The Assistant City Manager/Director of Public Works provided the history and update report. ZakaKayinan' consultant from AKM. was present ho answer any questions. Staff provided dahfiuohonVo Council concerns. Miller moved, second byDeehon. bo receive and file the Storm Drain Program Update and College Park East Storm Drain Alternative Report. AYES: Deeton, Levitt, rWiUar. Shanks, Sloan NOES: Nome Motion carried ADJOURNMENT With no objections, Mayor Levitt adjourned the City Council meeting a\8:5Rpm. to Monday, December 1D. 2O12a(5:3Up.m. in the memory ofSergeant Thomas MacPerson who was killed serving his country in Afghanistan and in the memory of City of Westminster Councilman Frank Fry. City Clerk City cf Seal Beach Approved: Mayor 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 Couricit and cannot be relied on or used as an oftial record of the proceedings Although the City of Seat 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 December 12, 2011 The City Council, Redevelopment Agency, and Seal Beach Financing Authority of the City of Seal Beach met in joint session at 7:00 p.m. with Mayor Levitt calling the meeting to order and Mayor Pro Tern Miller lead the Salute to the Flag. ROLL CALL Present: Mayor 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 Mark Persico, Director of Development Services Chief Joe Bailey, Seal Beach Marine Safety/Lifeguard Department Chief Robert Luman, Seal Beach Police Department Shally Lin, Interim Director of Finance Linda Devine, City Clerk/Secretary APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS &ORDINANCES The City Manager announced that item X" was delivered to the Council on Friday and posted on the website (copies available at the City Clerk's desk), a memorandum was placed at the dais to include the appointment of Jerry Grandt as representative for District 5 to the AdHoc General Plan committee, and requested that item "E" be removed from the Consent Calendar for separate consideration; other items pulled from the Consent Calendar— Miller pulled item "E" and Deaton pulled item "J". Sloan moved, second by Miller, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR Deaton moved, second by Shanks, to approve the recommended actions on the consent calendar except for items "E" — "F" — "J" removed for separate consideration. The City Attorney stated that the minutes show that Councilman Sloan abstained on item "I" due to the possible appearance of a conflict of interest. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried A. Approved the Minutes of the Adjourned and Regular City Council Meeting of November 14, 2011; the Redevelopment Agency Meeting of October 10, 2011; and the Seal Beach Financing Authority Joint Meeting of March 28, 2011. (Joint Item) E. Removed for separate consideration. (City Manager) `E. City of Seal Beach, Redevelopment Agency, and Seal Beach Financing Authority Annual Reports for fiscal year end, June 30, 2011 -Receive and file. (Joint Item) ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "E"/ANNUAL REPORTS FOR FISCAL YEAR END JUNE 30, 2011 /CITY OF SEAL BEACH, SEAL BEACH REDEVELOPMENT AGENCY, AND SEAL BEACH FINANCING AUTHORITY (Joint Item) (City Manager) The Assistant City Manager introduced Bryan Gruber from Lance, Soil & Lunghard (auditing firm) and asked him to provide an overview of the financial Page 2 -SBPFA 03/28/11 reports. The audit was conducted in accordance with generally accepted auditing standards and included examining, on a test basis, evidence supporting the amounts and disclosures to obtain reasonable assurance that the financial statements are free of material misstatements. In the opinion of the auditors, the financial statements fairly present, in all material respects, the financial position of the City of Seal Beach at June 30, 2011. The Audit Committee (Deaton and Miller)met with the auditors and staff to review the reports. With no objections the Mayor ordered that the City Council, Redevelopment Agency, and Financing Authority receive and file the annual reports for fiscal year ended June 30, 2011: the City's CAFR, the Annual SCR, the RDA Annual Reports (Independent Auditor's Report on the financial statement and on legal compliance; State Controller's Report. This report entitled "Annual Report of Financial Transactions of Community Redevelopment Agencies" contains the fiscal statement of the year; Statement of Indebtedness—Consolidated; Housing Activities Report; Blight Progress Report; Loan Report; Property Ownership Report; Eminent Domain & Time Limits Report; and Additional Activities/Information), the Auditor's Management Letter to the City Council (SAS112), Audit Communication Letter, the Appropriations Limit Agreed Upon Procedures Report, and the SBFA Annual Report of Special Districts. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ADJOURNMENT With no objection, the Mayor adjourned the joint City Council and Seal Beach Public Financing Authority meeting at 8:57 p.m. Authority Chair City Clerk/Secretary 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 or SBPFA Board meeting,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 Clark.