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Home My WebLink AboutCC Min 2012-09-10 Seal Beach California September 10, 2012 Mayor Levitt called the adjourned meeting of the Seal Beach City Council to order at 5:30 p.m. in the City Council Chambers. ROLL CALL Present: Mayor Levitt Council Members: Deaton, Miller, Shanks, Sloan City Staff: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager Sean Crumby, Assistant City Manager/Public Works Linda Devine, City Clerk 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; Item "B" — Anticipated Litigation — GC §54956.9(b) — 3 case(s); and Item "C" — Conference with Legal Counsel — Existing Litigation GC §54956.9(a) — AT&T/NEW CINGULAR WIRELESS, PCS LLC a California limited liability company, et al. v. City of Seal Beach, et al. LASC Case No. BC462270. The City Council met in closed session to discuss the items listed above, gave direction to items "A" and "C", and no other reportable action was taken. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:48 p.m. Mid" A LALi�. City Clerk City of Seal Beach Approved: Zj Mayor Attest: /.f„ ,i' JLAi City Clerk 1 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: Mayor/Chair Levitt Council/Board Members: Deaton, Miller, Shanks, Sloan City Staff: Quinn M. Barrow, City Attorney/Agency 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. Beatley, Director of Finance/City Treasurer Greg Hastings, Interim Director of 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 Tem Miller pulled item "F" from the consent calendar 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 ' 2012 Seal Beach Lifeguard Recognitions Marine Safety/Lifeguard Chief Joe Bailey and Lt. Chris Pierce o Unit Guard of the Year— Darren Sandvig o Tower Guard of the Year— Vince Flamingo o Jr. Lifeguard Instructor of the Year — Steven Tennet 5=r Certificate of Achievement For Excellence in Financial Reporting Victoria L. Beatley, Director of Finance/City Treasurer * National Preparedness Month — September 2012 Todd DeVoe, Emergency Services Coordinator, Seal Beach Police Department z`c Alzheimer's Awareness Month — September 2012 Andrew Eng, Outreach &Advocacy Coordinator, Alzheimer's Association Orange County Chapter ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speaker(sl: Carla Watson and Libby Appelgate, Founder's 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 fund raiser ($3.00 each); 8 speakers spoke against any vacation/short term 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 M. 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 Page - 3 City Council 09/10/12 COUNCIL COMMENTS Councilwoman Deaton 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 Cities Annual Conference held in San Diego — topics of seminars were "Pension Reform" and "Surviving RDA Dissolution" — and stated that she had the opportunity to network with other California elected officials and sharing how they have solved similar problems and issues that Seal Beach faces; Mayor Levitt invited everyone to attend the grand opening of the Dollar Tree in the Leisure World Shopping Center on Saturday, September 15th 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 Tools After the RDA", "Pipeline Safety Requirements", and "10 things about City Finance" — had the opportunity to visit with some of the City's current vendors and potential vendors; and Councilman Sloan stated that the Dollar Tree 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 "D" and "F" removed for separate consideration. AYES: Deaton, 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 on Treasury: Warrants: 94667-94966 $2,017,750.05 Year-to-Date: $9,001,239.02 Payroll: Direct Deposits & Checks $603,126.60 Year-to-Date: $1,205,469.20 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *C. Adopted Resolution No. 6310 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET MODIFICATION NO. 13-03-01 REVISING THE FISCAL YEAR 2012/13 BUDGET". (See Agenda Item "F") *D. Pulled for separate consideration. (Deaton) *D. City of Long Beach - Animal Control — Adopt Resolution No. 6304 approving Amendment No. 1 to extend current agreement with the City of Long Beach for animal control services and to implement CPI adjustments. (continued from 08/13/12) *E. Adopted Resolution No. 6311 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 $370,366; and authorized the City Manager to approve contract changes in the amount not to exceed $37,000. Page 4 - City Council 09/10/12 *F. Pulled for separate consideration. (Miller) *F. 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 Tem 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. PUBLIC HEARING 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 exemption of the existing short term vacation rental unit located at 1208 Ocean Avenue owned by Kelly Gene Bruce, and extend the time within which the owner may apply for a CUP from July 6, 2012 to October 10, 2012. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "H" / REQUEST CONDITION USE PERMIT EXEMPTION /SHORT TERM VACATION RENTAL / 1310-1310% OCEAN AVENUE / BECK Mayor Levitt stated this was the time for consideration of item "H" public hearing. The Interim 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 request, but did not provide any evidence to support his request for an exemption. There were no other speakers — Mayor Levitt closed the public hearing. Deaton moved, second by Miller, to deny the request for an exemption of the two existing short term vacation rental units located at 1310-1310% Ocean Avenue (duplex) owned by Robert Beck and Nancy Beck, and extend the time within which the owner may apply for a CUP from July 6, 2012 to October 10, 2012. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "I" / REQUEST CONDITION USE PERMIT EXEMPTION /SHORT TERM VACATION RENTAL / 247 17TH 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 due process — evidence to 111 support the exemption can be different for each property. The Interim Director of Community Development provided the staff report — final request does not indicate any basis for an exemption. Mayor Levitt opened the public hearing. The applicants 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 17th Street owned by Robert Beck and Nancy Beck, and extend the time within which the owner may apply for a CUP from July 6, 2012 to October 10, 2012. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS (added after posting of agenda) No items at this time. SUCCESSOR AGENCY MATTERS Mayor Levitt called the Successor Agency to order at 9:15 p.m. Shanks moved, second by Miller, to approve the recommended actions on the consent calendar. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried 1. Approved Minutes of the Successor Agency to the Seal Beach Redevelopment Agency meeting of August 13, 2012. 2. Approved Demands on Treasury: Warrants: 106-106 $551,908.94 Year-to-Date: $551,908.94 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. 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. r /LL ._ a . .Adt ity Jerk City of Seal Beach Id Approved: / •• • • Mayor • Attest: s.i'AL City Clerk II