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HomeMy WebLinkAboutCC Min 2012-11-13 Seal Beach California November 13, 2012 Mayor Levitt called the adjourned meeting of the Seal Beach City Council to order at 5:35 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Levitt Council Members: Deaton, Miller, Shanks, Sloan City Staff: Jill R. Ingram, City Manager Steven Flower, Assistant City Attorney Sean Crumby, Assistant City Manager/Public Works 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; and Item "B" — Conference with Real Property Negotiators — GC §54956.8 — Property: Ruby's Diner — restaurant located at the end of the Seal Beach Pier. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:15 p.m. The Assistant City Attorney announced at the regular meeting that the City Council met in closed session and discussed the items on the agenda — gave direction to the labor negotiator on item "A"; gave direction to the property negotiator regarding item `B", and no other reportable action was taken. City lerk City of Seal Beach Ai/ Approved: ayor • Attest: A dr. A. :a/ City lerk • i Page 2 - City Council 11/13/12 Seal Beach California November 13, 2012 The City Council met in regular session at 7:00 p.m. with Mayor Levitt calling the meeting to order in the City Council Chambers and Mayor Pro Tem Miller lead the Salute to the Flag. ROLL CALL Present: Mayor Levitt; Council Members: Deaton, Miller, Shanks, Sloan City Staff: Jill R. Ingram, City Manager Steven Flower, Assistant City Attorney 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 APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Mayor Levitt announced that the public hearing on the appeal of the Planning Commission approval of Conditional Use Permit 12-10 (vacation/short-term rental at 413 Ocean Avenue) has been re-noticed, at the request of the property owner, to December 10, 2012. Those present were told if they are unable to attend the meeting on December 10th, they may speak at the time this item is on the agenda (item "M"). The City Manager stated that there was a clerical error in the numbering of the resolutions approved at the October 22nd Council meeting which means that the numbering of the resolutions in tonight's agenda are not accurate and the correction will be reflected in the minutes (errata sheet was provided to the Council). The City Manager expressed apologies that due to extenuating circumstances, the Council meeting was not be able to be viewed live on the website, the replay is scheduled for Sunday on SBTV3, and the website on- demand video of the meeting will be available next week. Deaton and Miller pulled item "H" from the consent calendar for separate consideration. Deaton moved, second by Shanks, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS k US Marine Corps Week— November 12-18, 2012 Major Andy Roberts and Captain Timothy J. McPeak were present to receive the proclamation. ? "Shop Local 2012" - Seal Beach Chamber of Commerce Deb Machen, Chamber President, and Seth Eaker, Chamber Legislative Affair Representative, were present to receive the proclamation. sk Orange County Transportation Authority - West County Connector Project Update Sarah Swensson-King, OCTA Senior Community Relations Specialist, presented the update. Page - 3 City Council 11/13/12 ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speaker(s): Bill Ihrke, from Rutan & Tucker, LLP — representing JB Properties, commented on agenda item "E" (initiate a General Plan Amendment (zone change) needed for the property located at 1701 Adolfo Lopez Drive - Accurate Storage); Laura Ellsworth, Coastline Drive/Lions Club/Seal Beach Chamber of Commerce, reported that the Lions Club is refurbishing 18 benches on the pier adding that the fishermen are using the benches to cut their bait and requested that the City limit the fishing areas and hours — also announced the 24th Annual Tree Lighting Ceremony will be on Saturday November 24th; Matthew Harper, Huntington Beach City Councilman, was present to seek the support for one of the two appointments to the OCTA Board of Directors; Kami Ferraiz, 8th Street, spoke on agenda item "D" (Ordinance No. 1624 — Prohibiting Short Term Vacation Rentals) requesting that they be allowed to file their application for a CUP; Bruce Monroe, Seabreeze Drive, commented on the Local Coastal Program and that the City should protect the environment; and Seth Eaker, 13th Street/Seal Beach Chamber of Commerce, spoke on agenda item "E" (Housing Element) encouraged that light manufacturing remain. There being no other speakers, Mayor Levitt declared oral communications closed. CITY ATTORNEY REPORT Steven Flower, Esq., Assistant City Attorney The Assistant City Attorney announced that the City Council met in closed session and discussed the items on the agenda — gave direction to the labor negotiator on item "A"; gave direction to the property negotiator regarding item "B", and no other reportable action was taken. CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager wished everyone a happy, healthy, and safe Thanksgiving and introduced Luis Estevez who will be the new Deputy Director of Public Works/Maintenance and Utilities. COUNCIL COMMENTS Councilman Sloan announced that he had attended the Veteran's Day service at Eisenhower Park; Mayor Pro Tem Miller stated that former Mayor Patty Campbell's husband passed away and the memorial service will be on Saturday, November 17th; Councilwoman Deaton requested an item be placed on a future agenda to discuss limiting pier fishing times, areas, and enforcement options; and Mayor Levitt said that he also attended the Veteran's Day services at Eisenhower Park. COUNCIL ITEMS No items at this time. CONSENT CALENDAR Deaton moved, second by Shanks, to approve the recommended actions on the consent calendar as presented, except for item "H" — pulled for separate consideration. The Assistant City Attorney read the title of Ordinance No.1624 for the record. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried *A. Approved the Minutes of the Adjourned and Regular City Council meeting of October 22, 2012. (Reflect the correction in the numbering of the resolutions — 6918 through 6922 should be 6318 through 6322) *B. Approved the Demands on City Treasury. Warrants: 95646-95830 $886,949.30 Year-to-Date: $13,858,840.21 Payroll: Direct Deposits & Checks $255,330.47 Year-to-Date: $2,296,088.01 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. Page 4 - City Council 11/13/12 *C. Received and filed the Investment Monthly Report: September 2012. *D. Adopted Ordinance No. 1624 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONE TEXT AMENDMENT 12-3 PROHIBITING RENTAL OF RESIDENTIAL PROPERTY ON A SHORT- TERM BASIS". *E. Adopted Resolution No. 6323 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT WITH J.H. DOUGLAS & ASSOCIATES FOR HOUSING ELEMENT IMPLEMENTATION CONSULTING SERVICES" (in the amount not to exceed $72,500 - for implementation of the adopted 2008/2014 Housing Element and for the preparation of the 2013/2021 Housing Element); and initiate a General Plan Amendment (zone change) for the property located at 1701 Adolfo Lopez Drive (Accurate Storage). *F. Seal Beach Classification Plan — Adopted Resolution No. 6324 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AMENDMENT TO THE CLASSIFICATION PLAN BY ADDING THE CLASSIFICATION OF ASSISTANT PLANNER" and adopt Resolution No. 6325 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DESIGNATING THE PAY GRADE AND STATUS OF ASSISTANT PLANNER CLASSIFICATION ON THE REGULAR EMPLOYEES PAY STRUCTURE" (Grade 28 - monthly pay range of $6,022.59 — $7,320.50). *G. Ratified the City Manager's consent for Ruby's Diner, located at the end of the Seal Beach Pier (Art Haack), to continue operating on a month-to- month tenancy. *H. Pulled for separate consideration. (Deaton/Miller) *H. Seal Beach Parks & Community Services Master Plan — Adopt Resolution No. 6326 approving an agreement with Richard Fisher Associates, in the amount not to exceed $99,956, for the preparation of the City of Seal Beach Parks & Community Services Master Plan. *I. Adopted Resolution No. 6327 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONSTRUCTION CONTRACT FOR SEAL BEACH BOULEVARD AND GOLDEN RAIN ROAD INTERSECTION IMPROVEMENTS PROJECT NO. ST1107 AND APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND KOA CORPORATION FOR CONSTRUCTION SUPPORT SERVICES" (approving the plans and specifications, awarding the contract to Flatiron Electric Group, Inc. in the amount of $265,041, approving Amendment No. 1 to KOA Corporation agreement in the amount of $12,500, approving expenditure of up to $20,000 for construction support (inspection) to Casulas Construction Services, and authorizing the City Manager to approve contract changes in the amount of $27,000. Consider a donation request from the Golden Rain Foundation for the existing traffic signal heads replaced by this construction project). *J. Adopted Resolution No. 6328 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONSTRUCTION CONTRACT FOR OLD TOWN AND HILL SEWER LINING C.I.P.P. PROJECT NO. SS0901-2; AND APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND CIVILTEC ENGINEERING INC. FOR CONSTRUCTION SUPPORT SERVICES" (approving the plans and specifications, awarding the contract to Sancon Engineering Inc. in the amount of $1,655,111.75, approving Amendment No. 1 to the agreement with Civiltec Engineering Inc. in the amount of Page - 5 City Council 11/13/12 $11,680, approving expenditure of up to $40,000 for construction support (inspection) to Casulas Construction Services, and authorizing the City Manager to approve contract changes in the amount of $170,000). *K. Adopted Resolution No. 6329 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ABLE BUILDING MAINTENANCE FOR JANITORIAL MAINTENANCE SERVICES" (in the amount of $130,000 per year). *L. Adopted Resolution No. 6330 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING COOPERATIVE AGREEMENT NO. C-2-1850 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY REGARDING STATE-LOCAL PARTNERSHIP PROGRAM (SLPP)" (to receive funds for road rehabilitation in the amount of $318,000 - City matching contribution will be used from Measure M2 turnback funds). ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H' / RESOLUTION NO. 6326 / SEAL BEACH PARKS & COMMUNITY SERVICES MASTER PLAN Councilwoman Deaton pulled this item and inquired if the master plan would have a facilities maintenance schedule included. The Recreation Manager provided the staff report outlining the scope of work for the development of the master plan (community in-put will set the priorities) — Richard Fisher, consultant, was also present to answer any questions and indicated that this document will be used to help staff. Mayor Pro Tern Miller inquired if the beach, fishing on the pier, Jr. Lifeguard Program (recreational program), community pool, community gardens, and the open space property on 1st Street were included in the scope of work — Response: From the community surveys and at the community out-reach meetings these areas can be brought up for consideration. The City Manager indicated that the City Council can direct the consultant to include any areas they want to be included in the scope of work with respect to those areas in the out- reach community meetings and the survey so that the findings will be addressed in the final document. Deaton moved, second by Miller, to adopt Resolution No. 6326 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF THE CITY OF SEAL BEACH PARKS AND COMMUNITY SERVICES MASTER PLAN" and to include the beach and pier on the list. (Richard Fisher Associates, in the amount not to exceed $99,956) AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "M" / APPEAL PLANNING COMMISSION RESOLUTION NO. 12-20 / APPROVING CONDITIONAL USE PERMIT 12-10 /413 OCEAN AVENUE Councilwoman Deaton recused herself and left the Council Chambers at ,8:25 p.m. due to her residence being within 500 feet of the subject property. Mayor Levitt stated this was the time for consideration of item "M" appealing the Planning Commission decision approving vacation/short-term rental for the property located at 413 Ocean Avenue. At the request of the property owner, the public hearing on this matter has been rescheduled for December 10, 2012 City Council meeting. With no objections, Mayor Levitt called for a recess at 8:25 p.m. and reconvened the meeting at 8:35 p.m. Page 6 - City Council 11/13/12 Mayor Levitt opened the public hearing. There were no speakers at this time. With no objections, Mayor Levitt continued the public hearing to 7:00 p.m. December 10, 2012 City Council meeting. Councilwoman Deaton returned to the Council Chambers at 8:36 p.m. UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS ITEM "N" / STORM DRAIN PROGRAM UPDATE / COLLEGE PARK EAST STORM DRAIN ALTERNATIVE REPORT The Assistant City Manager/Director of Public Works provided the history and update report. Zeke Kayiran, consultant from AKM, was present to answer any questions. Staff provided clarification to Council concerns. Miller moved, second by Deaton, to receive and file the Storm Drain Program Update and College Park East Storm Drain Alternative Report. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ADJOURNMENT With no objections, Mayor Levitt adjourned the City Council meeting at 8:58 p.m. to Monday, December 10, 2012 at 5:30 p.m. in the memory of Sergeant Thomas MacPerson who was killed serving his country in Afghanistan and in the memory of City of Westminster Councilman Frank Fry. / ) I City lerk City of Seal Beach Approved: aj.t r Mayor Attest: a City lerk 'Transcribed from the video streaming of the meeting. 1