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Home My WebLink AboutCC Min 2011-02-28Seal Beach California February 28, 2011 Mayor Levitt called the adjourned meeting of the Seal Beach City Council to order at 4:30 p.m. in the City Council Chambers. ROLL CALL Present: Mayor Levitt Council Members: Deaton, Miller, Shanks, Sloan Also present: Patrick P. Importuna, City Manager Quinn Barrow, City Attorney Linda Devine, City Clerk Mayor Levitt 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. 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 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); item "B" - public employment - Government Code §54957 - City Manager. The City Council went into closed session at 4:30 p.m. returned to the Council Chambers at 5:30 p.m. for the study session. STUDY SESSION / FACILITIES MASTER PLAN The Director of Public Works described the purpose for the study session was to provide information, from the consultants (Griffin Structures, Inc.), in order to receive direction from Council to finalize the report. The Director introduced the representatives who presented the powerpoint - the areas presented were 1) Project Overview, 2) Issues to Address, 3) Deficiencies, 4) Scenarios, and 5) Building Groups (Emergency Response - City Operations - Community Services - Tenant Occupied). After the presentation it was determined that the City Council wanted all the deficiencies (Mandatory - General /Necessary Maintenance - Major Discretionary) found by the consultants be included in the final report, including the estimated cost for corrections within the 20 year Capital Improvement Plan. The City Council reconvened to closed session at 6:15 to continue their business as listed on the closed session agenda. The City Attorney reported in open session that the City Council appointed Assistant City Manager, Jill Ingram as the acting City Manager and gave directions regarding the items listed on the adjourned agenda and no other reportable action was taken. ADJOURNMENT It was the order of the Chair, with consent o the Courn at 6:56 p.m. I n it to adjou bit Clerk City of Seal Beach Approved: Mayor Attest: A('y1 tnol/� City Clerk Page 2 - City Council 02/28/11 Seal Beach California February 28, 2011 The City Council and Public Financing Authority, of the City of Seal Beach met in joint regular session at 7:00 p.m. with Mayor Levitt calling the meeting to order and Mayor Pro Tern Miller leading the Salute to the Flag. ROLL CALL Present: Mayor Levitt Council Members: Deaton, Miller, Shanks, Sloan City Staff: Patrick P. Importuna, City Manager Quinn Barrow, City Attorney Chief Jeff Kirkpatrick, Seal Beach Police Department Jill Ingram, Assistant 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 Linda Devine, City Clerk APPROVAL OF A GENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES The City Attorney requested item "J" be removed from the consent calendar and Mayor Pro Tern Miller pulled Items "E" and "G" for separate consideration. Shanks moved, second by Sloan, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS * *Oath of Office* - Council Member Deaton Proclamation - Career Technical Education Month - North Orange County ROP (Meg Cutuli - Board Member) 1 "r MADD (Mother's Against Drunk Driving) DUI Arrest Award - Seal Beach Police Corporal Phil Gonshak ORAL COMMUNICATIONS Mayor Levitt declared Oral Communications open. Speakers: Esther Kenyon, Seal Beach Chamber, requested that the Chamber be represented on the AdHoc General Plan /Local Coastal Plan Committee; Robert Goldberg, Clipper Way, spoke on item "E" (Issuance of Sewer Bonds) suggested soliciting bids from other banks and "F" (Riverfront Redevelopment Plan) expressed his concerns; Marc Loopesko, Director of Seal Beach Run, presented update on the annual 5K/10K event. There were no other speakers - Mayor Levitt declared Oral Communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney The City Attorney reported that the City Council met in closed session and gave directions regarding the items identified on the closed session agenda: Item "A" - 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). Item "B" - public employment - Government Code §54957 - City Manager - announced the Council appointed Assistant City Manager, Jill Ingram as acting City Manager. No other reportable action was taken - the closed session meeting was adjourned at 6:56 p.m. 1 1 CITY MANAGER REPORT Patrick P. Importuna, City Manager No report given. Page - 3 City Council 02/28/11 COUNCIL COMMENTS Council Members welcomed the newly elected Council Member Deaton; Councilman Shanks commented on the actions the Governor is proposing regarding Redevelopment Agencies; Councilwoman Deaton thanked the Mayor for sending letter of congratulations to Chris Bowers (40 years employee for local business) - commented on the Orange County Supervisor Moorlach trying to form a "super" city. COUNCIL ITEMS ITEM "A" / RESOLUTION NO. 6096 / 2011 MAYOR APPOINTMENTS Shanks moved, second by Miller to adopt Resolution No. 6096 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REVISING AND CONFIRMING APPOINTMENTS MADE BY THE MAYOR OF COUNCIL REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES, AND ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCIL MEMBERS AND RESCIND RESOLUTION NUMBER 5956 ". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "B" / 2011 SEAL BEACH BOARDS, COMMISSIONS, AND COMMITTEES The City Council approved the recommended list of appointments; to extend the term of the AdHoc General Plan /Local Coastal Plan Citizens Advisory Committee to December 2012; and staff's recommendation to sunset the Board of Appeals, the Citizens Participation Committee (H /CD) Projects), and the Project Area Committee. Councilman Shanks requested a change in the membership of the Environmental Quality Control Board (EQCB) adding a member -at- large. Councilman Miller provided language change to the description of the City Tree Advisory Board (CTAB) - Miller moved, second by Deaton to make the change to the CTAB to read: CITY TREE ADVISORY BOARD This Board was formed in September 1996 (Resolution No. 4500). The City Council is committed to ensuring that our community continues to realize the benefits provided by urban forestation. The City Tree Advisory Board is advisory to the City Council and the City and consists of up to five (5) voting members approved by the City Council. The board members are comprised of citizens with an interest in the City's Urban Forest, whom have an interest, knowledge or expertise in the physical and aesthetic environment of the City. The Director of Public Works shall provide staff support to the City Tree Advisory Board and shall appoint a Tree Manager. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR Sloan moved, second by Shanks, to approve the recommended actions on the consent calendar except for items "E ", "G" and "J" pulled for separate consideration. Councilwoman Deaton stated she will abstain from item "C" - she was not on the Council during the meeting. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried C. Approved Minutes of Adjourned and Regular Seal Beach City Council Meeting of February 14, 2011 and the Joint Regular Meeting of the Seal Beach Financing Authority of December 13, 2010. (Joint item - SBPFA) - Deaton abstained D. Approved the Demands on Treasury. Warrants: 86668 -86757 $497,298.65 Year -to -Date: $29,750,009.81 Payroll: Direct Deposits & Checks $268,314.93 Year -to -Date: $4,878,881.95 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. Page 4 - City Council 02/28/11 E. Removed for separate consideration. *E. Issuance of Sewer Improvement Bonds - Adopt Resolution No. 6112 and Resolution No. PFA 11 -01 approving, authorizing, and directing execution of certain financing documents and directing certain related actions in connection with refinancing certain improvements to the City's wastewater system. F. Introduced first reading of Ordinance No. 1605 eliminating the time limit on the Agency's ability to incur debt. The City Attorney read title for the record: "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE REDEVELOPMENT PLAN FOR THE RIVERFRONT REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(B) ". G. Removed for separate consideration. *G. Designate City Agent(s) for Disaster Relief - Adopt Resolution No. 6113 designating of primary contact(s) for the purpose of obtaining federal disaster financial assistance. H. Approved the plans and specifications for the College Park East Sewer Improvement Project No. SS0901 and authorized the solicitation for bids. Adopted Resolution No. 6114 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING COOPERATIVE AGREEMENT NO. C -9 -0825 BETWEEN THE CITY OF SEAL BEACH AND THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITIES OF GARDEN GROVE, SANTA ANA, WESTMINSTER, AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE WESTMINSTER AVENUE / 17TH STREET TRAFFIC SIGNAL SYNCHRONIZATION PROJECT ". J. Removed for separate consideration. *J. Seal Beach Boulevard Realignment Project No. 49750 - Reject Excel Paving's bid as non - responsive and adopt Resolution No. 6115 awarding a construction contract to Sequel Construction for $1,392,327.60 from St. Cloud to North Gate Road. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "E" / RESOLUTION NO. 6112 AND RESOLUTION NO, PFA 11 -01 / ISSUANCE OF SEWER IMPROVEMENT BONDS / JOINT ISSUE WITH SEAL BEACH PUBLIC FINANCING AUTHORITY (Miller) Councilwoman Deaton recused herself and left the Council Chamber at 7:50 p.m. due to a possible conflict of interest. The Director of Administrative Services provided a brief staff report and introduced Mike Cavanaugh, representative from Southwest Securities, Inc., to answer any questions from Council. After receiving clarification Miller moved, second by Shanks to adopt Resolution No. 6112 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN FINANCING DOCUMENTS AND DIRECTING CERTAIN RELATED ACTIONS IN CONNECTION WITH REFINANCING CERTAIN IMPROVEMENTS TO THE CITY'S WASTEWATER SYSTEM" and Resolution No. PFA 11 -01 entitled "A RESOLUTION OF THE SEAL BEACH PUBLIC FINANCING AUTHORITY APPROVING AS TO FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO THE REFINANCING OF CERTAIN IMPROVEMENTS TO THE CITY'S WASTEWATER SYSTEM AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO ". Page - 5 City Council 02/28/11 AYES: Levitt, Miller, Shanks, Sloan NOES: None ABSTAIN: Deaton Motion carried Councilwoman Deaton returned to the Council Chambers at 7:55 p.m. ITEM "G" / RESOLUTION NO. 6113 / DESIGNATE CITY AGENT(S) FOR DISASTER RELIEF (Miller) Councilman Miller indicated that section 2 and 3 be eliminated from the resolution - would prefer that Council provide approval before requesting any disaster assistance. Miller moved, second by Sloan to adopt amended Resolution No. 6113 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL SPECIFYING CITY AGENTS TO ACT ON BEHALF OF THE CITY FOR THE ACCEPTANCE OF FEDERAL DISASTER RELIEF FUNDS" (federal financial assistance under P.L. 93 -288 - City Manager and /or the Director of Administrative Services and /or the Chief of Police). AYES: Deaton, Levitt, Miller, Sloan NOES: Shanks Motion carried ITEM "J" / RESOLUTION NO. 6115 / SEAL BEACH BOULEVARD REALIGNMENT PROJECT NO. 49750 / ST. CLOUD TO NORTH GATE ROAD (City Attorney) The Director of Public Works presented the staff report stating that staff recommended rejecting the lowest bid as non - responsive and award the bid to the second lowest bidder - the difference being $10,935. The City Attorney added that in reviewing all documents submitted by the low bidder has concluded that the bid is incomplete and non - responsive. Shanks moved, second by Sloan to adopt Resolution No. 6115 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONTRACT FOR THE SEAL BEACH BOULEVARD REALIGNMENT PROJECT, CIP NO. 49750, TO SEQUEL CONSTRUCTION' (in the amount of $1,392,327.60). AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING None at this time. UNFINISHED /CONTINUED BUSINESS None at this time. NEW BUSINESS ITEM "K" / COMMUNITY POOL SITE INFORMATION (Miller) The Director of Public Works provided the powerpoint overview on the potential public pool sites - a clear direction or location for a community pool has not been determined - the City Manager tasked staff with revisiting the location of a community pool and begin anew with potential sites. The staff has identified 6 potential sites but would need further analysis - the minimum of 1.0 acres would be needed for a pool - consider providing for more than just a community pool but include space for other community activities. Potential identified site locations listed with some of the pros and cons for each site: Zoeter School; 1 st Street and Marina; 1st Street and PCH; end of Adolfo Lopez Drive; Boeing Parking Lot (Apollo Drive and Westminster Avenue); and Lampson Avenue - Old Ranch Golf Course. The information presented was in a format meant for a City Council Study Session. With no objections Mayor Levitt called for a recess at 8:24 p.m. and reconvened the Council meeting at 8:31 p.m. to continue item "K ". Page 6 - City Council 02/28/11 Councilman Shanks recommended a joint study session with the Recreation and Parks Commission, after the Commission reviews the report. Councilman Miller requested that staff look into the willingness of the School District to lease or sell the McGaugh pool site. With no objections the Mayor so ordered to receive and file the report. RECESS REGULAR CITY COUNCIL MEETING Mayor Levitt recessed the City Council to the Redevelopment Agency meeting at 8:36 p.m. RECONVENE CITY COUNCIL MEETING Mayor Levitt reconvened the City Council meeting at 8:38 p.m. ADJOURNMENT With no objection, the Mayor adjourned the City Council at 8:38 p.m. to Monday, March 7, 2011 at 3:00 p.m. to meet in joint session with the Redevelopment Agency and to meet in closed session, if deemed necessary. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk 1