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Home My WebLink AboutCC Min 2010-11-08 tl Seal Beach California November 8, 2010 Mayor Sloan called the adjourned meeting of the Seal Beach City Council to order at 6:00 p.m. in the City Hall Conference. Room. ROLL CALL Present: Mayor Sloan Council Members: Antos, Levitt, Miller, Shanks Also present: David Carmany, City Manager Quinn Barrow, City Attorney Linda Devine, City Clerk Mayor Sloan 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. Charlene Larson and Monica Pech, Realty Officers for US General Services Administration, provided Council with a presentation of the GSA Public Benefit Conveyance Overview and Encroachments for the disposal of excess property on Electric Avenue Railroad Right -of -Way. They are in the process of working with the properties that are encroaching in the right -of -way area. 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 real property negotiators - Government Code §54956.8; 1) the property generally known as the "DWP" site located westerly of First Street and easterly of the San Gabriel River, Seal Beach (Bay City Partners) and 2) property known as Electric Avenue Railroad Right -of -Way (General Services Administration); and item "B" - conference with legal counsel - existing litigation - Government Code §54956.9(a); 2 cases: 1) BAY CITY PARTNERS LLC v. CITY OF SEAL BEACH - Orange County Superior Court (Case No. 30 -2010 00364556); 2) CITY OF SEAL BEACH v. BAY CITY PARTNERS LLC - Orange County Superior Court (Case No. 30 -2009 00305309). The City Attorney reported that no reportable action taken. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn at 6:45 p.m. • City Clerk City of Seal Beach Approved: Mayor Attest: „ / City Clerk Page 2 - City Council 11/08/10 Seal Beach California November 8, 2010 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Sloan calling the meeting to order with Councilman Miller leading the Salute to the Flag. ROLL CALL Present: Mayor Sloan; Council Members: Antos, Levitt, Miller, Shanks City Staff: David Carmany, City Manager Quinn Barrow, City Attorney Chief Jeff Kirkpatrick, Seal Beach Police Department Jill Ingram, Assistant to the City Manager Sean Crumby, Director of Public Works Robbeyn Bird, Director of Administrative Services/Treasurer Mark Persico, Director of Development Services Chief Joe Bailey, Seal Beach Marine Safety /Lifeguard Department Battalion Chief Dan Hanson - OC Fire Authority Representative Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Items pulled from consent calendar - Miller pulled items "C ", "D ", "I" and "K" and requested that item "D" be considered before item "C" and Antos pulled items "F" and "G ". Antos moved, second by Miller, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS * Recognition - 95th Founder's Day Committee Mayor presented a certificate of appreciation to the Founder's Day Committee. Carla Watson, chairwoman, accepted the certificate and read the list of members of the committee and presented the City with a check for $35,000. • Target Stores Grant Presentation Josh Proter, representative from Target Stores, presented a check for $1,000 to the police chief to go towards the police explorers program. * OC Human Relations - Annual Report Fiscal Year 2009 - 10 Carol Turpen, representative from OC Human Relations, provided the annual report to the Council. ORAL COMMUNICATIONS Mayor Sloan declared Oral Communications to be open. Speakers: Geri West, Electric Avenue, indicated that she has purchased a memorial bench for her husband Roger and would like to know when it will be placed; Esther Kenyon, Seal Beach Chamber of Commerce representative, announced the upcoming chamber events and stated the chamber's support for item "E" (SCAG - Business Friendly Principles); Scott Newton and Seth Eaker, Seal Beach Chamber, asked for volunteers for the Holiday Parade, scheduled for December 3rd, and reminded everyone that the deadline for applications to participate in the parade is November 10th; Ernie Gauden, reiterated his concerns about the Marina Park basketball courts; Robert Goldberg, Clipper Way, stated his opinions on item "D" (Memoranda of Understanding for POA/PMA). There were no other speakers - • Mayor Sloan declared Oral Communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report given. ;.,_ Page - 3 City Council 11/08/10 • CITY MANAGER REPORT David N. Carmany, City Manager No report given. COUNCIL COMMENTS Mayor Pro Tem Levitt thanked the Founder's Day committee for the 95th Celebration and stated that events like this help bring the community together and Councilman Shanks thanked those voters in his districts' for voting to him and thanked his campaign chairman, Carla Watson - he clarified that the issue regarding the basketball courts will be considered at the December 13th meeting. COUNCIL ITEMS ITEM "A -1" / 2nd SUPERVISORIAL DISTRICT BOARD MEMBER TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) / AUTHORIZE SUPPORT OF LARRY R. CRANDALL (Sloan) Antos moved, second by Shanks, to authorize the Mayor or his designated alternate to cast the vote for Larry Crandall as the 2nd Supervisorial District Board Member to OCTA. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR Antos moved, second by Levitt, to approve the recommended actions on the consent calendar except for items "D ", "C ", "F ", "G ", "I" and "K" pulled for separate consideration. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried A. Approved Minutes of Adjourned and Regular Seal Beach City Council Meeting of October 25, 2010. B. Approved Demands on Treasury. Warrants: 85126 -85279 $1,038,525.61 Year -to -Date: $20,989,086.85 Payroll: Direct Deposits & Checks $255,359.61 Year -to -Date: $2,605,648.78 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. C. Removed for separate consideration after item "D ". (Miller) *c. Budget Amendment - Adopt Resolution No. 6078 approving Budget Amendment No. 11 -05 -01 (item "D ") for Fiscal Year 2010/2011 Budget. D. Removed for separate consideration before item "C ". (Miller) *D. Memoranda of Understanding (MOU's) with Seal Beach Police Officers Association and Seal Beach Police Management Association - Adopt Resolution No. 6054 approving MOU's and enumerating classification and compensation as of July 1, 2010. (Budget Amendment No. 11- 05 -01) E. Adopted Resolution No. 6079 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL SUPPORTING THE "BUSINESS FRIENDLY PRINCIPLES" AS PART OF THE SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY BEING DEVELOPED BY THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) ". Page 4 - City Council 11/08/10 F. Removed for separate consideration. (Antos) *F. Riverfront Redevelopment Project Area RDA Plan limits - Introduce Ordinance No. 1602 amending certain time limits with respect to the RDA Plan for the Riverfront Redevelopment Project pursuant to the provisions of the Health and Safety Code Section 33333.6(e)(2)(C). ' G. Removed for separate consideration. (Antos) *G. Local Street Resurfacing Project No. ST0906 -A (ST1004) - Old Town - Adopt Resolution No. 6080 declaring work to be completed per contract, file a Notice of Completion with the Orange County Recorder, and release retention funds to Nobest Inc. H. Adopted Resolution No. 6081 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER STRIPING AND SIGNAGE IMPROVEMENTS PROJECT NO. ST1008 -B ". (Prestige Striping Services Inc. total cost - $12,605) I. Removed for separate consideration. (Miller) *I. Sewer Capital Improvement Project No. SS0901 - Authorize the release of a Request for Proposal to prepare Plans, Specifications and Cost Estimates for the Sewer Capital Improvement Project to fully reconstruct the Pier Sewer Pump Station, 8th Street Sewer Pump Station and rehabilitate various sewer pipes in Old Town, Bridgeport, Hill, Marina, and the Cove. J. Adopted Resolution No. 6082 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING THE OBLIGATIONS OF MEASURE M2 LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE CITY OF SEAL BEACH ". (updated every three years starting June 30, 2014) K. Removed for separate consideration. (Miller) *K. Citywide Paving Allocation - $5.0 million - Receive and file update report. With no objections the Mayor called for a recess at 8:18 p.m. and reconvened the meeting at 8:25 p.m. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "D" / RESOLUTION NO. 6054 / MEMORANDA OF UNDERSTANDING (MOU's) / SEAL BEACH POLICE OFFICERS ASSOCIATION (POA) / SEAL BEACH POLICE MANAGEMENT ASSOCIATION (PMA) (Miller) The Assistant to the City Manager provided a powerpoint presentation giving a brief review of the background and highlights of the MOU's. Councilman Miller stated his concerns (given the current economy), that the other bargaining groups will be asking for the same would cause increase in budget, had asked for an estimate of revenue and expenses and a comparison to other Orange County cities, and requested that the City renegotiate with POA and PMA. No other comments were made. Levitt moved, second by Shanks, to adopt Resolution No. 6054 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU's) BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH POLICE OFFICERS ASSOCIATION AND THE SEAL BEACH POLICE MANAGEMENT ASSOCIATION, AND ENUMERATING CLASSIFICATION AND COMPENSATION AS OF JULY 1, 2010" . (Budget Amendment No. 11- 05 -01) AYES: Antos, Levitt, Shanks, Sloan NOES: Miller Motion carried • ' -tIA Page - 5 City Council 11/08/10 ITEM "C" ./ RESOLUTION NO. / BUDGET' AMENDMENT NO. 11 -05 -01 (Miller) After receiving clarification that the increases for the MOU's were not in the current budget - Miller moved, second by Shanks, to adopt Resolution No. 6078 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET AMENDMENT NO. 11 -05 -01 REVISING THE FISCAL YEAR 2010/11 BUDGET ". (item "D ") AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "F" / ORDINANCE NO. 1602 / RIVERFRONT REDEVELOPMENT PROJECT AREA RDA PLAN (Antos) The City Attorney gave a brief overview regarding item "F" and clarified that the action taken by the Council would not prohibit the City to deactivate the RDA and does not accelerate the payments. Shanks moved, second by Antos, to introduce first reading of Ordinance No. 1602 amending certain time limits with respect to the RDA Plan for the Riverfront Redevelopment Project pursuant to the provisions of the Health and Safety Code Section 33333.6(e)(2)(C). The City Attorney read the title for the record. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "G" / RESOLUTION NO. 6080 / NOTICE OF COMPLETE / LOCAL STREET RESURFACING PROJECT NO. ST0906 -A (ST1004) / OLD TOWN (Antos) Councilman Antos stated his concerns regarding the need for a centerline down Central Avenue - the Director of Public Works indicated that this will be done. Antos moved, second by Shanks, to adopt Resolution No. 6080 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR LOCAL STREET RESURFACING PROGRAM PROJECT NO. ST0906 -A (ST1004) — OLD TOWN ". (Nobest Inc. project total cost - $1,730,995.83) AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "I" / SEWER CAPITAL IMPROVEMENT PROJECT NO. SS0901 / REQUEST FOR PROPOSAL (RFP) (Miller) It was made clear that the RFP was for design work and no contracts will be awarded for the project until the City receives the loan funds from the State - staff will be looking at all the alternative methods for the project (method used will depend on the street soil analysis and other factors). Miller moved, second by Antos, to authorize the release of a Request for Proposal to prepare Plans, Specifications and Cost Estimates for the Sewer Capital Improvement Project No. SS0901 to fully reconstruct the Pier Sewer Pump Station, 8th Street Sewer Pump Station and rehabilitate various sewer pipes in Old Town, Bridgeport, Hill, Marina, and the Cove. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "K" / SUMMARY OF EXPENDITURES / CITYWIDE PAVING ALLOCATION / $5.0 MILLION (Miller) Councilman Miller commented that funds should be set aside to complete Elder Avenue and a need to evaluate the damages on Ironwood Avenue (between Heather Street and Lampson Avenue). Miller moved, second by Antos, to receive and file the update report as presented. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 6 - City Council 11/08/10 PUBLIC HEARING ITEM "L" / ORDINANCE NO. 1600 / AMEND MUNICIPAL CODE TITLE 9 - CHAPTER 9.60 / 2010 BUILDING AND SAFETY CODES Mayor Sloan stated this was the time and place for a public hearing for the consideration of: Seal Beach Municipal Code Title 9 - Chapter 9.60 - 2010 Building and Safety Codes - second reading and adoption of Ordinance No. 1600 adopting by reference the 2010 Building and Safety Codes. The Director of Development Services gave a brief overview - 2 local changes: require fire sprinklers in new and second floor additions and green building standards - the codes are updated every 3 years (State Building Commission, County of Orange, and OCFA) - answered Council questions. Mayor Sloan opened the public hearing. There were no speakers - Mayor Sloan declared the public hearing closed. After council comments, Antos moved, second by Miller, to waive further reading and adopt by reference Ordinance No. 1600 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA AMENDING THE MUNICIPAL CODE OF THE CITY OF SEAL BEACH BY DELETING TITLE 9, CHAPTER 9.60 BUILDING CODE IN ITS ENTIRETY, ADOPTING A NEW TITLE 9 CHAPTER 9.60 BUILDING CODE AND ADOPTING BY REFERENCE THE CALIFORNIA BUILDING CODE, 2010 EDITION, INCORPORATING THE 2009 "INTERNATIONAL BUILDING CODE," INCLUDING APPENDIX F, I, AND J; THE CALIFORNIA RESIDENTIAL CODE, 2010 EDITION, INCORPORATING THE 2009 "INTERNATIONAL RESIDENTIAL CODE," INCLUDING APPENDIX H; THE CALIFORNIA PLUMBING CODE, 2010 EDITION, INCORPORATING THE 2009 "UNIFORM PLUMBING CODE," INCLUDING APPENDIX A, AND L; THE CALIFORNIA MECHANICAL CODE, 2010 EDITION, INCORPORATING THE 2009 "UNIFORM MECHANICAL CODE, "; THE CALIFORNIA ELECTRICAL CODE, 2010 EDITION, INCORPORATING THE 2008 "NATIONAL ELECTRICAL CODE "; THE CALIFORNIA FIRE CODE, 2010 EDITION, INCORPORATING THE 2009 "INTERNATIONAL FIRE CODE," INCLUDING APPENDIX B, BB, C, AND CC; THE "CALIFORNIA GREEN BUILDING STANDARDS CODE," 2010 EDITION, INCLUDING APPENDIX A4, A5; THE "INTERNATIONAL PROPERTY MAINTENANCE CODE," 2009 EDITION; THE "UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE," 2009 EDITION; THE "UNIFORM SOLAR ENERGY CODE," 2009 EDITION; THE "CALIFORNIA ENERGY CODE," 2010 EDITION; THE "CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE," 2007 EDITION; THE "CALIFORNIA HISTORICAL BUILDING CODE," 2010 EDITION; THE "CALIFORNIA EXISTING BUILDING CODE," 2010 EDITION; THE "CALIFORNIA REFERENCED STANDARDS CODE," 2010 EDITION; AND THE "CALIFORNIA ADMINISTRATIVE CODE," 2010 EDITION ". The City Attorney read the title for the record. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "M" / ORDINANCE NO. 1601 / AMEND MUNICIPAL CODE TITLE 9 - SECTION 9.65 / RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE / RESOLUTION NO. 6077 / SETTING FEES Mayor Sloan stated this was the time and place for a public hearing for the consideration of: Seal Beach Municipal Code Title 9 (Public Property, Public Works, and Building Regulations) - introduce Ordinance No. 1601 amending section 9.65 - Recycling and Diversion of Construction and Demolition Waste and adopt Resolution No. 6077 setting fees for the program. The Director of Development Services presented the staff report - Mayor Sloan opened the public hearing. There were no speakers - Mayor Sloan declared the public hearing closed. Shanks moved, second by Antos, to introduce first reading of Ordinance No. 1601 amending Section 9.65 - Recycling and Diversion of Construction and Demolition Waste and adopt Resolution No. 6077 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL OF THE ESTABLISHING Page-7 City Council 11/08/10 FEES AND CHARGES FOR RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE PROGRAM (MUNICIPAL CODE CHAPTER 9.65) ". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED /CONTINUED BUSINESS ITEM "N" / RESOLUTION NO. 6062 / SEAL BEACH SENIOR TRANSPORTATION SERVICES /WESTERN TRANSIT SYSTEMS This item was continued from the October 11, 2010 meeting - after further Council comments the agreement was amended to expand the services: "Expanded Dial -A -Ride Services. Notwithstanding any inconsistent provision in the RFP or Proposal, Contractor shall provide one vehicle and one driver Monday through Friday 8:00 am to 5:00 pm for the Dial -A -Ride program." There will be a need for a budget amendment for the increase in cost ($83,350). Levitt moved, second by Sloan, to adopt as amended Resolution No. 6062 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT WITH WESTERN TRANSIT SYSTEMS FOR SENIOR TRANSPORTATION SERVICES" (3 years). AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried NEW BUSINESS ITEM "O" / REFINANCING OF 2000 SEWER IMPROVEMENT BONDS / SOUTHWEST SECURITIES GROUP Mike Cavanaugh, Senior Vice President - Southwest Securities, Inc., gave presentation. After council comments Antos moved, second by Levitt, to receive and file the presentation and authorize the City Manager to proceed with the refinance of the sewer improvement bonds - only as a fixed rate transaction, with a minimum Net Present Value savings of $250,000. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ADJOURNMENT With no objections the Mayor adjourned the City Council at 9:05 p.m. to Monday, December 13, 2010 at 6:00 p.m. to meet in closed session, if deemed necessary. (By action taken by the City Council on January 11, 2010 the regular City Council meeting scheduled for November 22, 2010 was cancelled.) ity Clerk City of Seal Beach Approved: /1� a d /,4� Mayor Attest: City Clerk