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Home My WebLink AboutCC AG PKT 2012-09-24 #ADATE: September 24, 2012 TO: Aonorable-iTfia% THRU: Jill R. Ingram, City Manager/Executive Director FROM: Linda Devine, City Clerk/Secretary SUBJECT: APPROVAL OF CITY COUNCIL AND SUCCESSOR AGENCY MINUTES Approve the minutes for the adjourned and regular City Council meeting and the Successor Agency meeting of September 10, 2012. r.m 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. A A There is no Financial Impact. Approve the minutes for the adjourned and regular City Council meeting and the Successor Agency meeting of September 10, 2012. SUBMITTED BY: NOTED AND APPROVED: yl ..--a in 1Devine, tity Clerk i I R. Ingram, " nager Agenda Item A Seal Beach California September 1U.2D12 Mayor Levitt called the adjourned meeting of the Seal Beach City Council toorder at 5:3Opm.inthe City Council Chambers. ROLL CALL Present: Mayor Levitt Council Members: Oeaton. Miller, Shanks, Sloan City Staff: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager Sean Cmmby. Assistant City @onoger/Pub|ioWorks Linda Devine, City Clerk CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed m*eeiun agenda: Item "A" - Conferanoawith Labor Negotiator (Executive and yN|d KAunageo; — OCEA ' S8SPA) 'BC §54057.6; Item ^B^ — Anticipated Litigation — GC §54958.9(b) — 3 case(s); and Item ^C^ — Conference with Legal Counsel — Existing Litigation GC §54950.9(o) — AT&T/NEW C|NGULAF{ VV|RELESS, PCS LLC a California limited liability company, et a|. v. City of Seal Beach, et al. LASC Case No. BC402270 The City Council met in closed session to discuss the items listed obove, gave direction to items 'Y\^and ^C^, and no other reportable action was taken. ADJOURNMENT |t was the order cf the Mayor, with consent of the Council to adjourn the meeting City Clerk City Clerk City of Seal Beach Page 2 - City Council 09/10/12 Seal Beach California September 10, 2012 The City Council and Successor Agency to the Seal Beach Redevelopment Agency met in regular session at 7:02 p.m. with Mayor Levitt calling the meeting to order and Councilman Sloan leading the Salute to the Flag. ROLL CALL Present. KAoyonChm|rLevb Council/Board Members: Deaton, Miller, Shanks, Sloan City Staff: Quinn yW. Barrow, City Counsel Jill R. Ingram, City Manager/Executive Director Sean P.Crumby. Assistant City Manager/Public Works Chief Keith Kilmer, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Victoria L. BaaOey, Director nf Finance/City Treasurer Greg Hastings, Interim Director ofCommunity Development Linda Devine, City Clerk/Secretary APPROVAL OF AGENDA &WAIVER OF FULL READING DF RESOLUTIONS & ORDINANCES Councilwoman Oeoton pulled item "D" and Mayor Pro Tam Miller pulled item "F^ from the consent calendar for separate consideration. Shanks moved, second by Sloan, to approve the agenda as amended. AYES: Dmmbm, Levitt, Miller, Shanks, Sloan NOES: Nona Motion carded PRESENTATiONSIRECOGNITIONS � 2012 Seal Beach Lifeguard Recognitions Marine Joe Bailey and Lt. Chris Pierce • Unit Guard of the Year — Darren Sandvig • Tower Guard o/ the Year — Vince Fiamin0o • Jr, Lifeguard Instructor o/ the Year — Steven Tonnet � Certificate of Achievement For Excellence in Financial Reporting Victoria L. Beatley, Director of Finance/City Treasurer � National Preparedness Month — September 2012 ToddDnVo* Emergency Services Coordinator, Seal Beach Police Department � Alzheimer's Awareness Month — September 2012 Andrew Eng. Outreach & Advocacy Coordinator, Alzheimer's Association Orange County Chapter ORAL COMMUNICATIONS Mayor Levitt opened oral communications. {pedkeyr(s : Carla Watson and Libby Appelgahe. Founders Day Committee, reminded the City Council that this year's celebration is scheduled for Sunday, October 7, 2012 and that they are selling flag scarves as a fond nm1eer ($3D0 each); 8 speakers spoke against any vacation/short 0enn rentals in Old Town; and 1 speaker spoke in favor of the rentals. There being no other speakers, Mayor Levitt declared oral communications closed. CITY ATTORNEY REPORT Quinn KH. Barrow, Esq, City Attorney No report given. CITY MANAGER REPORT Jill R. Ingram, City Manager No report given — announced Dollar Tree will be opening on September 15th. COUNCIL COMMENTS Councilwoman Doaton requested that staff move forward with the process for an ordinance that would cap the number of vacation/short term rentals in Old Town (Mayor Levitt so ordered) - reported that she attended the League of California Qhem Annual Conference held in San Diego - topicaofseminonswere "Pension Reform" and "Surviving RDA 0000|uUon^ - and stated that she had the opportunity to network with other California elected officials and sharing how they have solved similar problems and iaauoo that Son( Beach faces; Mayor Levitt invited everyone to attend the grand opening of the Dollar Tree in the Leisure World Shopping Center on Saturday, September 15 th at 9:00 a.m. - Leisure World residents are anxiously awaiting the opening; Mayor Pro Tem Miller also reported he also attended the League Conference and attended the General Session, "Unwinding of the RDA", "Financial Tucda After the RDA''. "Pipeline Safety Requirements", and ^1O things about City Finonoo^ - hmd the opportunity iovisit with some ofthe City's current vendors and potential vendors; and Councilman Sloan stated that the Dollar Tnaa will be well received by the Leisure World residents. COUNCIL ITEMS No items at this time. CONSENT CALENDAR Deaton moved, second by Miller, to approve the recommended actions on the consent calendar except for items 1D" and "F" removed for separate consideration. AYES: Deak/n. Levitt, Miller, Shanks, Sloan NOES: None Motion carried °A. Approved Minutes of the Adjourned and Regular City Council meeting of August 13. 2012 and the Adjourned City Council meeting of August 22. 2012. °B. Approved Demands onTreasury: Warrants: 84667494960 $2,017.750-05 Year-to-Date: $8,001,239.02 Payroll: Direct Deposits &Chmnkm $603126.60 Year-to-Date: $1205.40820 Year-to-dam are actual cash disbursements and do not reflect actual expenditures due *year-end accruals. *C. Adopted Resolution Nu 0310 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET MODIFICATION N{}. 13'03-01 REVISING THE FISCAL YEAR 2012Y13 BUDGET". (see Agenda Item "F) ^D. Pulled for separate consideration. (Deato ) *o. City of Long Beach ' Animal Control - Adopt Resolution No. 6304 approving Amendment No, 1m extend current agreement with the City of Long Beach for animal uunmm services and to implement op| adjustments. (continued from 08/13/12) °E. Adopted Resolution No. 0311 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONTRACT FOR 3-YEAR ANNUAL CONTRACT FOR SAND BERM CONSTRUCTION AND REMOVAL" approving the plans and specifications; awarding contract to Post Earthworks Constructors, Inc. in the amount of $370.386; and authorized the City Manager hn approve contract changes in the amount not to exceed $57.000. Page 4 - City Council 09/10/12 "F. Pulled for separate consideration. (Miller) T. Lampson Avenue Median Project No. ST1108 — Adopt Resolution No. 6312 approving the plans and specifications for the Lampson Avenue Median project; awarding the contract to Nobest, Inc. in the amount of $192,000; authorize the City Manager to approve contract changes in the amount not to exceed $20,000; authorize expenditure of $20,000 for construction management; and authorize expenditure of $10,000 for "K-rail" Installation. (Agenda item "C" - Budget Modification No. 13 -03 -01) ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "D" / RESOLUTION NO. 6304 / LONG BEACH ANIMAL CARE SERVICES Councilwoman Deaton pulled the item to indicate that there are issues that need to be resolved and would like Animal Control to work with the City on those matters. Shanks moved, second by Levitt, to adopt Resolution No. 6304 entitle "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE FIRST AMENDMENT TO THE SERVICE AGREEMENT WITH THE CITY OF LONG BEACH PROVIDING ANIMAL CONTROL SERVICES ". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "F" / RESOLUTION NO. 6312 / LAMPSON AVENUE MEDIAN / PROJECT NO. ST1108 Mayor Pro Tern Miller pulled the item to discuss changing the scope of the project to include installing a concrete wall instead of "K" rails — this would increase the budget to approximately $55,000. The Assistant City Manager /Director of Public Work stated that this is a substantial change to the project and would need to be re- designed. After further Council deliberation, Miller moved, second by Shanks, to reject all bids, directed staff to redesign the project, and re- advertise a notice for bids for the Lampson Avenue Median project. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried With no objections, Mayor Levitt called a recess at 8:18 p.m. and reconvened the City Council meeting at 8:28 p.m. MY.-IN [ 9 l: l 4_ 10 0 41 c'. ITEM "G" / REQUEST CONDITION USE PERMIT (CUP) EXEMPTION /SHORT TERM VACATION RENTAL / 1208 OCEAN AVENUE / BRUCE Mayor Levitt stated this was the time for consideration of item "G" public hearing. The Interim Director of Community Development provided the staff report — on May 14, 2012 Ordinance No. 1619 -U was adopted requiring owners of short term vacation rental property to apply for a CUP by July 6, 2012 and it also gave the owners the option to request for an exemption from the regulations in order to provide the property owner an opportunity to amortize the property owner's investment, if any, in the property as a short-term rental — 5 properties have requested exemption with 3 that are before the Council tonight for consideration. The Director stated the first request did not establish the basis to qualify for the exemption. The City Attorney summarized the staff report to clarify that the City has the power to adopt zoning laws to ensure that uses are compatible with other uses in the same zoning districts — property owners of non- conforming uses may apply for an exemption to provide an opportunity for them to establish that they need a reasonable amortization period within which the owner can recoup the economic investment spent in establishing the use — for renting residential property on a short-term basis, there may not be any amortization period needed because the property owner can still use the property for the use for which it was built. Mayor Levitt opened the public hearing. The applicants spoke on their request. There were no other speakers — Mayor Levitt closed the public hearing. Deaton moved, second by Miller, to deny the request for an Page - 5 City Council 09/10/12 public hearing. Oeaton moved, second by NUUer, to deny the request for an exemption of the existing short term vacation rental unit located at 1208 Ocean Avenue owned by Kelly Gene Bmce, and extend the time within which the owner may apply for a CUP from July G.2012hz October 10.2O12. AYES: Deaton. Levitt, Miller, Shanks, Sloan NOES: None Motion carded ITEM "H" I REQUEST CONDITION USE PERMIT EXEMPTION /SHORT TERM VACATION RENTAL / 1310-131OY2 OCEAN AVENUE / BECK Mayor Levitt stated this was the time for consideration of item ^H^ public hearing. The |nhahm Director of Community Development provided the staff report stating the second request does not indicate the improvements made on the property would prevent them to use the property for long term rental and that they are able to recoup the investment costs. Mayor Levitt opened the public hearing. The applicant spoke on his noquamt, but did not provide any evidence ho support his request for an exemption. There were no cdherspeakere — Mayor Levitt closed the public hearing. Oaeton moved, second by K8iUer, ho deny the request for an exemption of the two existing short term vacation nante| units located at 1310-1310$ Ocean Avenue (duplex) owned by Robert Beck and Nancy Book, and extend the time within which the owner may apply for a CUP from July 8.2O12\o October 1D.2O12. AYES: Deahxn. Levitt, Miller, Shanks, Sloan NOES: None Motion carded ITEM "I" / REQUEST CONDITION USE PERMIT EXEMPTION /SHORT TERM VACATION RENTAL / 247 17 "' STREET / BECK Mayor Levitt stated this was the time for consideration of item "I" public hearing. The City Attorney stated that Council needs to consider each property separately in order to provide the property owner duo prooens — eWdanoa to support the exemption can be different for each property. The |nkahm Director of Community Development provided the staff report — final request does not indicate any basis for onexemption. Mayor Levitt opened the public hearing. The mpp||oonto spoke on his request, but did not provide any evidence to support his request for an exemption, The City Attorney incorporated by reference the evidence and testimony from the prior public hearing (Item H). There were no other speakers — Mayor Levitt closed the public hearing. Deaton moved, second by Miller, to deny the request for an exemption of two existing short term vacation rental units located at 247 17m Street owned by Robert Beck and Nancy Bock, and extend the time within which the owner may apply for a CUP from July D. 2012ho October 1O.2D12. AYES: Oomton. Levitt, Miller, Shanks, Sloan NOES: None Motion carded UNIFINISHED/CONTINUED BUSINESS No items at this time. NEWBUSINESS (added after posting ofagenda) No items at this time. SUCCESSOR AGENCY MATTERS Mayor Levitt called the Successor Agency to order at 9:15 . Shanks moved, second byMiller, to approve the recommended actions on the consent calendar. AYES: Deomn. Levitt, Miller, Shanks, Sloan NOES: mono Motion carried 1� Approved Minutes of the Successor Agency mthe Smo| Beach Redevelopment Agency meeting ov August 1a.2o12. 2, Approved Demands onTreasury: Warrants: 106-106 $551,908.94 Year-to-Date: $551,908.94 Page 6 - City Council 09/10/12 3. Adopted Resolution No. SA12 -13 entitled 'RESOLUTION OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY APPROVING AN AGREEMENT FOR DUE DILIGENCE AUDITING SERVICES WITH LANCE, SOLL & LUNGHARD, LLC" for auditing services in connection with the due diligence review required by AB1484 in the amount not to exceed $25,000. ADJOURNMENT With no objections, Mayor Levitt adjourned the City Council and Successor Agency meetings at 9:17 p.m. in the memory of US Marine Captain Matt Manoukian to Monday, September 24, 2012 at 5:30 p.m. 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 effort to see that proper notes are taken at a meeting, and although draft Minutes are generally approved as submitted, changes end 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 September 10, 2012 The City Council and Successor Agency m the Seal Beach Redevelopment Agency met in regular session mn��. with Mayor Levitt calling the meeting m order and Councilman Sloan leading the Salute m the Flag. ROLL CALL Present: moyor/Chai,Lewu Council/Board Members: oeakm. Miller, Shanks, Sloan City Staff: Quinn m. Barrow, City xonmmy*geno Counsel Jill n. Ingram, City Monager/ExenuU°eDinedn, Sean P Cmmby, 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 m Community Development Linda Devine, City Clerk/Secretary APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Councilwoman Deaton pulled item "D" and Mayor Pro Tern Miller pulled item "F" from the consent calendar for separate consideration. Shanks moved, second by Sloan, to approve the agenda as AYES: oeaton.Lewx. Miller, Shanks, Sloan NOES: None wofion carried SUCCESSOR AGENCY MATTERS Mayor Levitt called the Successor Agency ho order at9:15p.m. Shonknmovad` second by Miller, to approve the recommended actions on the consent calendar. AYES: Deohzn. Levitt, Miller, Shanks, Sloan NOES: None Motion carried 1. Approved Minutes of the Successor Agency to the Seal Beach Redevelopment Agency meeting cf August 13.2O12. 2. Approved De ndoonTvaamu Warrants: 106-100 $551.908.84 Year-to-Date: $551.908.94 ��ta-date are actual cash disbursements and do not reflect actual expenditures due m year-end accruals. 3. Adopted Resolution No. SA12-13 entitled "RESOLUTION OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY APPROVING AN AGREEMENT FOR DUE DILIGENCE AUDITING SERVICES WITH LANCE, SOLL& LUNGHARO. LLC" for auditing services in connection with the due diligence review required by AB1484in the amount not to exceed $25.00O. ADJOURNMENT With no objections, Mayor Levitt adjourned the Qty Council and Successor Agency meetings at 8:17 p.m. in the memory of US K4ohne Captain K4aU yNanoukianho Monday, September 24.2O12a15:3Op.m. UOTOIRM Mayor/Chair City Clerk/Secretary City City of Seal Beach