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HomeMy WebLinkAboutCC AG PKT 2011-03-28 #CAGENDA STAFF REPORT DATE: March 28, 2011 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, Acting City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF MINUTES - CITY COUNCIL AND SEAL BEACH PUBLIC FINANCING AUTHORITY SUMMARY OF REQUEST: Approve minutes for the joint adjourned City Council /RDA meeting of March 7, 2011; joint adjourned Council /RDA and regular City Council meeting of March 14, 2011; and joint adjourned Council /RDA meeting of March 16, 2011. Approve the minutes for the Seal Beach Financing Authority joint meeting with the City Council held on BACKGROUND: None FINANCIAL IMPACT: None ANALYSIS: None RECOMMENDATION: Approve minutes for the joint adjourned City Council /RDA meeting of March 7, 2011; joint adjourned Council /RDA and regular City Council meeting of March 14, 2011; and joint adjourned Council /RDA meeting of March 16, 2011. Approve the minutes for the Seal Beach Financing Authority joint meeting with the City Council held on SUBMITTED BY: NOTED AND APPROVED: . jn& J2 0 114 1 Li da Devine, City Clerk ill . Ingram, Acting City Manager Attachment: Minutes Agenda Item C Seal Beach California March 7, 2011 Mayor Levitt called the joint adjourned meeting of the Seal Beach City Council and Redevelopment Agency to order at 3:00 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Levitt Council /Agency Members: Deaton, Miller, Shanks, Sloan Also present: Quinn Barrow, City Attorney /Legal Counsel Jill R. Ingram, Acting City Manager /Acting Executive Director Linda Devine, City Clerk/Secretary Mayor Levitt stated that this would be the time for members of the public to comment on the items identified on the agenda. Speaker: Ed Selich, representative for Bay City Partners (BCP), stated that they would hope that the City and BCP will be able to come to some consensus - there were no other 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 recessed closed session at 5:00 p.m. CONSENT CALENDAR ITEM "A" / ORDINANCE NO. 1605 / REDEVELOPMENT PLAN FOR THE RIVERFRONT Miller moved, second by Levitt to adopted Ordinance No. 1605 entitled "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)" - eliminating the time limit on the Agency's ability to incur debt. The City Attorney read the title for the record. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "B" / REDEVELOPMENT AGENCY / UPDATE The City Attorney /Legal Counsel stated that other cities are sending letters stating their position on Governor Brown's proposal to eliminate California Redevelopment Agencies. After a brief discussion and with no objection the City Council /RDA authorized the Mayor to sign a letter to the Governor that would include: opposing the proposal to eliminate Redevelopment Agencies, list of the City projects using RDA funds, indicating the City/RDA has not exercised eminent domain on single family residential properties in the City, and state that the City agrees with some reforms to the Redevelopment law. The City Council reconvened the closed session at 5:48 p.m. The City Attorney reported that the City Council gave directions regarding the items listed on the closed session agenda and no other reportable action was taken. Page 2 - City Council 03/07/11 ADJOURNMENT With no objection, the Mayor adjourned the joint adjourned meeting of the City Council and RDA at 6:03 p.m. to Monday, March 14, 2011 at 6:00 p.m. to meet in joint closed session, if deemed necessary. City Clerk City of Seal Beach Approved: Mayor Attest: 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 Council 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 warranly, 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 March 14, 2011 Mayor Levitt called the joint adjourned meeting of the Seal Beach City Council and Redevelopment Agency to order at 6:00 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Levitt Council /Agency Members: Deaton, Miller, Shanks, Sloan Also present: Quinn Barrow, City Attorney /Legal Counsel Jill R. Ingram, Acting City Manager /Acting Executive Director Linda Devine, City Clerk/Secretary 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 - GC §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" - conference with legal counsel - anticipated litigation - GC §54956.9(c): 1 -3 case(s); item "C" - public employment - GC §54957 - City Manager. The City Attorney reported in open session that the City Council /RDA recessed at 6:50 p.m. The Council /RDA reconvened at 8:45 p.m. - no other reportable action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council /RDA to adjourn the joint adjourned meeting at 9:30 p.m. to Wednesday, March 16, 2011 at 5:00 p.m. in the City Hall Conference Room. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2 - City Council 03/14/11 Seal Beach California March 14, 2011 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Levitt calling the meeting to order and Councilwoman Deaton leading the Salute to the Flag. ROLL CALL Present: Mayor Levitt Council Members: Deaton, Miller, Shanks, Sloan City Staff: Quinn Barrow, City Attorney Jill R. Ingram, Acting City Manager Chief Jeff Kirkpatrick, Seal Beach Police Department 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 The Acting City Manager introduced Captain Olson, Seal Beach Police Department to provide a summary of events during the Japan earthquake /tsunami (March 10th and 11th) APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES The City Attorney requested removal of item "E" and continue to March 28th meeting; Councilwoman Deaton pulled Items "F" and "G" for separate consideration. Sloan moved, second by Shanks, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS * National Multiple Sclerosis Society- March 14 -20, 2011 - MS Awareness Week Tim Bornscheuer, representing the Pacific South Coast Chapter, was present to receive the proclamation. * Golden Rain Foundation - presentation to Council - Bruce Smith Bruce Smith presented the Council with a resolution thanking them for the improvements and renaming Beverly Manor Road to North Gate Road. ORAL COMMUNICATIONS Mayor Levitt declared Oral Communications open. _Speakers: Alexander Kim, So. California Gas Co., introduced himself as the new representative for this area; Casey Coultrup, Surfside, said he sent letter to Council requesting the City pay for the portion of the sand replenishment and the berm that is currently being paid for by Surfside residents; Nancey Kredell, Seal Way, expressed her opposition to the purchase of lifeguard truck; Mike Buhbe, Central Way, stated that the budget study sessions should be 2 hour segments - start at 7:00 p.m. - be held in the Council Chambers (not the fire station) - be televised; Erik Dreyer - Goldman, Seal Beach Chamber president, listed events and issues that the Council should consider during budget study session (partnership); Nancy Gibbs, AGROMIN, announced a contest for students 3rd grade to 12th grade - Trash into Art; Seth Eaker, Seal Beach Run /13th Street resident, reminded everyone to sign up - race date is April 2nd - as resident said he was glad a survey was done for the recruitment of the new city manager and for transparency the budget study sessions need ' to televised; Robert Goldberg, Clipper Way, also spoke regarding the budget study Page - 3 City Council 03/14/11 sessions and asked to speak to item "G" at the time it is being considered; Ernie Ganadem, Electric Ave., thanked staff for the work done on the Marina Park basketball courts; Charles Antos, Ocean Ave, expressed his opinions regarding the disband of the Boards of Appeal, Citizens Participation Committee, and the Project Area Committee. The Mayor directed acting City Manager to contact Mr. Antos regarding this matter. There were no other speakers - Mayor Levitt declared Oral Communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney The City Attorney stated the Director of Development Services would respond to the issues brought up by Antos. CITY MANAGER REPORT Jill R. Ingram, Acting City Manager The Acting City Manager asked Chief Kirkpatrick to give a brief report on public safety during St. Patrick's Day. The Chief pointed out that all overtime and added support will be paid for with grant funds and they take a zero tolerance regarding DUI's. COUNCIL COMMENTS Council commended staff for their response during the tsunami (EOC). Councilman Shanks requested the hours and location of the budget study session be changed and that they be televised; Mayor Pro Tem Miller requested that the ordinance regarding fireworks be changed to only allow on July 4th - reiterated that he would like to add the option to Council discussions regarding a community swimming pool to include to lease or buy the McGaugh pool site; Councilwoman Deaton asked staff to consider Surfside's requests and add funding to their monthly allowance - requested update on the Bay Theater historical status; Mayor Levitt expressed his concerns with Caltrans - OCTA realigning the bike lanes on Seal Beach Blvd - needs to be addressed (too narrow) either widen the bike lane or post a closed sign. The Mayor so ordered that there be a review of the Surfside issues and concerns as well as the redevelopment history and public access to the beach - the acting City Manager indicated this would be on the April 11th Council agenda. The Mayor also directed staff to schedule the budget study sessions from 7:00 p.m. - 9:00 p.m.; schedule more days; be held in the Council Chambers; and the sessions be recorded. COUNCIL ITEMS No items at this time. CONSENT CALENDAR Sloan moved, second by Miller, to approve the recommended actions on the consent calendar except for items "F" and "G" pulled for separate consideration. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried A. Approved Minutes of Adjourned and Joint Regular Meeting of the City Council and Seal Beach Financing Authority of February 28, 2011. B. Approved the Demands on Treasury. Warrants: 86758 -87057 $1,114,238.86 Year -to -Date: $30,864,248.67 Payroll: Direct Deposits & Checks $250,432.93 Year -to -Date: $5,129,314.88 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. C. Received and filed the Monthly Investment Report: January 2011. Page 4 - City Council 03/14/11 D. Ratified the appointment of Bruce Fitzpatrick to the Archaeological Advisory Committee as representative for District Four. E. Removed and continued to the March 28th Council meeting. *E. Fireworks on Property located in the Recreationa[/Golf Zone (RG- Zone) - Introduce Ordinance No. 1606 allowing public display of fireworks in the RG -Zone subject to a Special Event Permit approved by the City Council. F. Removed for separate consideration. (Deaton) *F. Fleet Replacement - Lifeguard - Authorize the purchase of one (1) Lifeguard 4x4 pickup (Chevrolet Colorado) replacing the 2004 Dodge Dakota - Coalinga Motors has agreed to honor the pricing set forth within the State of California Bid List. (Approved in the 2006 Fleet Management Report and the 2009 -2011 Adopted City Budget) G. Removed for separate consideration. (Deaton) *G. Municipal Water District of Orange County ( MWDOC) - Adopt Resolution No. 6116 authorizing the City Manager to execute the agreement with MWDOC and the 27 other member agencies which outlines improvements in the way MWDOC works with its agencies. H. Adopted Resolution No. 6117 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONTRACT FOR 2011 ANNUAL CONCRETE REPAIR PROGRAM PROJECT NO. ST1107" (Golden State Constructors, Inc. - in the amount of $107,970) ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F" / FLEET REPLACEMENT - LIFEGUARD TRUCK (CHEVROLET COLORADO) / PER THE 2006 FLEET MANAGEMENT REPORT AND 2009- 2011 ADOPTED CITY BUDGET (Deaton) The staff report was given by the Director of Public Works providing the background of the vehicle being replaced, cost ($21,170), and the use of the Fleet Division state bid program (Coalinga Motors) for the replacement of the vehicle; the Chief of Marine Safety/Lifeguard gave Council an analysis of the use of the lifeguard vehicles indicating the need for reliability for rescue purposes of all of the lifeguard vehicles (five 4x4 trucks and one ATV); and the Director of Administrative Service provided an overview of the "Vehicle Replacement Fund" over the past couple of years, explained why the $2M reserve fund was set up, and the current status of the VRF. After Council expressed their concerns of the cost to replace the Lifeguard truck versus repairing the vehicle and waiting until after the budget study sessions - Miller moved, second by Deaton, to continue this item to the next Council meeting and requested a vehicle maintenance /mechanical report on the Lifeguard truck that is being asked to be replaced. AYES: Deaton, Levitt, Miller, Shanks NOES: Sloan Motion carried ITEM "G" / RESOLUTION NO. 6116 / MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) / AGREEMENT BETWEEN MWDOC AND 28 MEMBER CITIES (Deaton) The Director of Public Works provided a presentation outlining the agreement between MWDOC and the 28 member agencies - the new agreement will better define the services and charges to the members - the rate structure will change from customers sharing equally in cost of every service (connection and increment) to core and choice services (City has elected to participate in 3 choice programs - Poseidon Huntington Beach Ocean Desalination, MWDOC's School Program, and MWDOC's Water Use Efficiency Programs). Mr. Kevin Hunt, General Manager, MWDOC was present to answer any Council questions. Page - 5 City Council 03/14/11 Deaton moved, second by Shanks to adopt Resolution No. 6116 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE AGREEMENT BETWEEN MUNICIPAL WATER DISTRICT OF ORANGE COUNTY ( MWDOC) AND ITS MEMBER AGENCIES ON BUDGET, ACTIVITIES, CHARGES, AND OTHER ISSUES" - authorizing the City Manager to execute the agreement with MWDOC and the 28 member agencies (outlines improvements in the way MWDOC works with its agencies). AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING No items at this time. UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. The Mayor recessed the meeting to closed session at 8:45 p.m. ADJOURNMENT With no objection, the Mayor adjourned the City Council at 9:30 p.m. to a joint adjourned meeting with the Redevelopment Agency on Wednesday, March 16, 2011 at 5:00 p.m. in the City Hall Conference Room. City Clerk City of Seal Beach Approved: Attest: 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 Council 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 meefing, 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 March 16, 2011 Mayor Levitt called the joint adjourned meeting of the Seal Beach City Council and Redevelopment Agency to order at 5:00 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Levitt Council /Agency Members: Deaton, Miller, Sloan Absent: Shanks With no objection the Mayor excused Shanks' absence. Also present: Quinn Barrow, City Attorney /Legal Counsel Jill R. Ingram, Acting City Manager /Acting Executive Director Mark Persico, Director of Development Services Linda Devine, City Clerk/Secretary The City Attorney stated that this would be the time for members of the public to comment on the items identified on the agenda. Speaker. Ed Selich, representative for Bay City Partners, stated that this was the time to settle the agreement - it is not perfect but will serve the public to settle - 2 versions were presented - please consider the one with all 5 signatures. There were no other 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 - GC §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" - conference with legal counsel - anticipated litigation - GC §54956.9(c): 1 -3 case(s). Item "C" - public employment - GC §54957 - City Manager was removed from the agenda. The City Attorney reported that the City Council /RDA gave legal counsel directions and no other reportable action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council /RDA to adjourn the joint adjourned meeting at 6:50 p.m. to Monday, March 28, 2011 at 5:00 p.m. in the City Hall Conference Room. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk NOTI CE: The following document has not been approved for accuracy and may be corrected, modffied or amended before final approval. Because it is being made available prior to final action, it should not be considered a We 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 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 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 AGENDA & 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 CONSENT CALENDAR Miller moved, second by Shanks, to approve the recommended actions on the consent calendar except for item "H" pulled for separate consideration. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried 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. The Director of Administrative Service 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 ". AYES: Levitt, Miller, Shanks, Sloan NOES: None ABSTAIN: Deaton Motion carried Page 2 - Seal Beach Public Financing Authority 02/28/11 Councilwoman Deaton returned to the Council Chambers at 7:55 p.m. ADJOURNMENT With no objection it was the order of the Mayor to adjourn the Joint City Council and Seal Beach Public Financing Authority meeting at 8:38 p.m. Authority Chair City Clerk/Secretary City of Seal Beach