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HomeMy WebLinkAboutCC Min 2012-12-10 Seal Beach California December 10, 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 Quinn M. Barrow, City Attorney Sean P. 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" — Public Employment — GC §54957 - City Manager; Item "B" - Conference with Labor Negotiator (Executive and Mid Managers — OCEA — SBSPA) — GC §54957.6; and Item "C" — Conference with Legal Counsel — GC §54956.9(a) — Existing Litigation — John Doe, District of California, SACV12-1665-AG (RNBx) and Beck, OC Superior Court 2012-00590726-CU-PT-CJC; Item "D" — Conference with Legal Counsel— GC §54956.9(c) — Anticipated Litigation — 2 cases. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:45 p.m. The 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 items C (John Doe) and D (both cases) and no other reportable action was taken. //.t.._ AL__? •ity Clerk City of Seal Beach Approved:. OW I I, ayor Attest: 4$ei�i;, . — „/LAS. City Clerk Page 2 - City Council 12/10/12 Seal Beach California December 10, 2012 The City Council and Seal Beach Public Financing Authority met in joint regular session at 7:00 p.m. with Mayor Levitt calling the meeting to order in the City Council Chambers. The City Attorney administered the oath of office to Council Member — David W. Sloan — District 2; Council Member - Gary A. Miller — District 4; and City Clerk - Linda Devine for the term of office 2012 — 2016. (November 6, 2012 General Election - incumbents were declared elected to office as recorded by the minutes of the City Council meeting held on August 22, 2012) Councilwoman Deaton led the Salute to the Flag. ROLL CALL Present: Mayor Levitt; Council Members: Deaton, Miller, Shanks, Sloan City Staff: Quinn M. Barrow, City Attorney, General 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 Jim Basham, Director of Community Development Linda Devine, City Clerk, Authority Secretary APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES 111 Shanks moved, second by Miller, to approve the agenda as presented. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS None at this time. ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speaker(s): Seth Eaker, Seal Beach Chamber of Commerce, reported the Chamber activities and commented on agenda items; Esther Kenyon, Seal Beach Chamber of Commerce, announced that she will be chairing the Arts and Cultural Beautification Committee; Pierre Wheatley, Center for Contract Compliance, spoke on agenda item "H" (Ocean Avenue alley project) and stated his concerns; Kent Somber, Triathlon Event, stated this event was successful and hoped this event will continue in Seal Beach; and Robert Goldberg, Clipper Way, inquired about item "E" (labor agreements). There being no other speakers, Mayor Levitt declared oral communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney The City Attorney announced that the City Council met in closed session and discussed the items on the closed session agenda — gave direction to items C (John Doe v. City of Costa Mesa) and D (both cases) and no other reportable action was taken. CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager recognized and thanked Greg Hastings, Interim Director of Community Development and Keith Kilmer, Interim Chief of Police; introduced Joe Stilinovich as the new Chief of Police and Jim Basham as the new Director of Community Development; asked Bill Avery, Bill Avery & Associates, Inc., to Page - 3 City Council 12/10/12 provide an overview and highlight the significant provisions of the two labor agreements (Executive/Mid Management and Supervisors & Professional Association SBSPA) — item is on the consent calendar; announced that City Hall and maintenance yard will be closed starting December 24th through January 1st; and wished everyone a safe and prosperous holiday. COUNCIL COMMENTS The City Council extended a happy holiday season; Councilman Sloan announced the "Breakfast with Santa" this Saturday (hosted by Lions Club); Mayor Pro Tern Miller thanked staff and Mayor Levitt for their assistance in his appointment to the OCTA board; and Councilwoman Deaton announced that she will be recusing herself from the public hearings because she lives within 500 feet of the subject properties (state law). COUNCIL ITEMS No items at this time. CONSENT CALENDAR Deaton moved, second by Sloan, to approve the recommended actions on the consent calendar as presented. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried The City Manager stated that the speaker from the Center for Contract Compliance was referring to the project on item "H" — staff recommendation is to award the contract to Charles King Co. — this is for bid option 2. *A. Approved the Minutes of the Adjourned City Council meeting of November 13, 2012 and the Seal Beach Public Financing Authority Joint Meeting of December 12, 2011. (Joint Item) *B. Approved the Demands on City Treasury. Warrants: 95832-96236 $1,281,615.82 Year-to-Date: $15,140,456.03 Payroll: Direct Deposits & Checks $533,472.51 Year-to-Date: $2,829,560.52 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *C. Received and filed the Investment Monthly Report: October 2012. *D. Adopted Resolution No. 6331 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET MODIFICATION NO. 13-06-01 REVISING THE FISCAL YEAR 2012/13 BUDGET". (Agenda Items"F" &"H") *E. Adopted Resolution No. 6332 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE TERMS AND CONDITIONS OF EMPLOYMENT FOR EXECUTIVE/MID-MANAGEMENT EMPLOYEES EFFECTIVE JANUARY 1, 2013" and adopted Resolution No. 6333 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION (SBSPA) FOR THE PERIOD OF DECEMBER 10, 2012 THROUGH JUNE 30, 2016". *F. Adopted Resolution No. 6334 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE SOBRIETY CHECKPOINT GRANT PROGRAM FOR 2012-2013" accepting the 2012/2013 California Office of Traffic Safety (OTS) funding in the amount of $61,082.70. (Budget Modification No. 13-06-01 —Agenda Item "D") Page 4 - City Council 12/10/12 *G. Adopted Resolution No. 6335 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENT FOR CONSTRUCTION FOR THE NAVY DRAINAGE EASEMENTS IMPROVEMENTS PROJECT NO. SD1202" (CopperTop Enterprises, Inc. in the amount of $161,190.21) *H. (1) Rejected the apparent 1st and 2nd low bids for alternate bid item; (2) Adopted Resolution No. 6336 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONSTRUCTION CONTRACT FOR OCEAN AVENUE ALLEY WATERLINE AND SEWER REPLACEMENTS PROJECT NO. WT1201 (OPTION 2) AND APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND ANDERSON PENNA PARTNERS FOR PROFESSIONAL SERVICES" - (a) approving the plans and specifications; (b) awarding the contract to Charles King Co. in the amount of $715,000 for a segment of the project (Option 2); and (c) approving Amendment No. 1 to the agreement with Anderson Penna Partners, Inc. for additional design services in the amount of $2,870; (3) Approved expenditure of up to $15,000 for construction support (inspection) to Casulas Construction Services; and (4) Authorized the City Manager to approve contract changes in the amount of $71,500. (Budget Modification No. 13-06-01 — item "D") *I. Adopted Resolution No. 6337 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT WITH PACIFICWEST ASSET MANAGEMENT CORPORATION FOR PROPERTY MANAGEMENT SERVICES" (at a monthly base fee of $1,200). `J. Adopted Resolution No. 6338 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SEAL BEACH" approving the submittal of the annual expenditure report to OCTA for Measure M2 Eligibility. ITEMS REMOVED FROM THE CONSENT CALENDAR No items were pulled from the consent calendar. PUBLIC HEARING ITEM "K" / APPEAL PLANNING COMMISSION RESOLUTION NO. 12-20 / CONDITIONAL USE PERMIT 12-10 / VACATION RENTAL / 413 OCEAN AVENUE Councilwoman Deaton recused herself from both public hearing items, due to her residence is within 500 feet of the subject property, and left the Council Chambers. Councilman Sloan stated that he does not have a financial interest in the subject property but is a close friend of the neighbor and for that reason will recuse himself from the public hearing — left the Council Chambers. Mayor Levitt stated this was the time and place for the public hearing for consideration of item "K" appealing the Planning Commission decision approving vacation/short-term rental for the property located at 413 Ocean Avenue. The Interim Director of Community Development provided the background on the subject matter and staff recommended upholding the Planning Commission's decision, subject to conditions. Mayor Levitt opened the public hearing. Speakers: Kurt Schulzman and Richard Neri, applicants of the appeal, stated there are 4 issues for the appeal (parking, property value, burden, and privacy); Perry Guthery and Lenore Schwankovsky, property owners, stated their case for upholding the approval of their CUP; there were 5 speakers expressing opposition to the appeal and 8 speakers stating they were in favor of the appeal. The City Council received clarification from the property owners and other speakers. Page - 5 City Council 12/10/12 With no objections, Mayor Levitt called for a recess at 9:26 p.m. and reconvened the meeting at 9:41 p.m. There were no other speakers, Mayor Levitt closed the public hearing. The City Attorney provided the City Council with the options: 1. Affirm the Planning Commission decision — approval of CUP 12-10; ' 2. Approve the CUP and add any additional conditions; or 3. Reverse the Planning Commission decision and direct staff to prepare a resolution incorporating the findings based on the evidence provided to deny the CUP. Council comments and concerns: • Can CUP be revoked — response: yes, there is a process but property owner will usually comply once a revocation hearing is scheduled; • CUP runs with the property — age of building is the cause of some of the problems — enough valid complaints to bring some doubt; • Parking complaints; question whether vacation rentals lower property value; neighbors need to call on noise issues; and • Valid points for both sides — need long term renters to cover costs — if CUP is approved the neighbors need to be able to call if conditions are not being followed. Mayor Levitt re-opened the public hearing in order to ask the property owners some questions. Would they be willing to compromise and use the property for 9 month lease (no CUP needed) — response: this hearing is to determine if they are in compliance with the approved CUP or is this for Council to tell them they can only rent their house one way — they qualify for the CUP. The City Attorney clarified that the CUP hearings are to determine compatibility. Mayor Levitt 111 closed the public hearing. Mayor Levitt re-opened the public hearing in order to ask the property owners some questions and provide them with another opportunity to support the CUP application. Mayor Levitt asked if they would be willing to compromise? The property owners stated that, based upon the testimony of the neighbors, they might prefer renting the property for periods longer than 30 days, in which case no CUP is needed. However, they stated that the property does comply with the City's requirements for vacation rentals. The City Attorney clarified that the CUP hearings are to determine compatibility of a use with neighboring uses. Mayor Levitt closed the public hearing. Shanks moved, second by Levitt, to deny Conditional Use Permit 12-20 and directed staff to prepare a resolution reflecting this decision at the next Council meeting. AYES: Levitt, Miller, Shanks NOES: None ABSTAIN: Deaton, Sloan Motion carried Councilman Sloan returned to the Council Chambers at 10:08 p.m. ITEM "L" / APPEAL VARIANCE 11-2 / 400 OCEAN AVENUE (ROTHMAN) / PLANNING COMMISSION DENIED (12/07/11) Councilwoman Deaton recused herself from both public hearing items, due to her residence is within 500 feet of the subject property, and left the Council Chambers. Mayor Levitt stated this was the time and place for the public hearing for consideration of item "L" appealing the Planning Commission decision denying Variance 11-2 for the property located at 400 Ocean Avenue. The Senior Planner provided the background of the Planning Commission decision, property Page 6 - City Council 12/10/12 owner/applicant filed appeal in February 2011 and requested this item be continued until tonight, and staff recommends upholding the Planning Commission decision to deny Variance 11-2 (subdivision of 75' lot). Mayor Levitt opened the public hearing. Speakers: Harold Rothman, property owner, provided background and evidence for the appeal; and there were 7 speakers in favor of the appeal and 2 in opposition. Levitt moved, second by Miller, to waive the time limit of the meeting,(pursuant to Council Policy 100-03 — section 9). AYES: Levitt, Miller, Shanks, Sloan NOES: None ABSTAIN: Deaton Motion carried Mayor Levitt called a recess at 10:43 and reconvened the meeting at 10:45 p.m. Council comments and concerns: • Ask for clarification from the City Attorney: The City Attorney pointed out in the staff report (page 3) the four necessary findings in order for Council to grant the variance: number 2 — deprive owner of privileges that others have and number 3 — constitute granting of special privileges; • Planning Commission decision was not unanimous — vote was 3-2; • Old Town is not uniform and has had many changes; • Mansionization — limitations have been put in place; and • Presentation by owner was a scare tactic — should go on the basis that this is something that should be done. There were no other speakers, Mayor Levitt closed the public hearing. The City Attorney provided the City Council with the options: 1. Affirm the Planning Commission decision — denying Variance 11-2; 2. Reverse decision; 3. Impose conditions; or 4. Zone Text Amendment ordinance to change the Code. Shanks moved, second by Miller, to grant Variance 11-2 and directed staff to prepare a resolution for the next Council meeting reflecting this decision and to include that the 75' property subdivide as follows: corner lot 42% feet and the interior lot 321/2 feet. AYES: Levitt, Miller, Shanks, Sloan NOES: None ABSTAIN: Deaton Motion carried Councilwoman Deaton returned to the Council Chambers at 11:10 p.m. UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS ITEM "M" /RE-ORGANIZATION OF CITY COUNCIL / SELECTION OF 2013 , MAYOR AND MAYOR PRO TEM The City Attorney conducted the nomination of the 2013 Mayor: Deaton nominated Gary Miller as Mayor — no other nominations. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page - 7 City Council 12/10/12 Newly elected Mayor Miller presented the outgoing Mayor Levitt with the traditional Mayor's plaque. The City Council expressed their gratitude and appreciation for his tenure as Mayor. Mayor Levitt made his final comments as Mayor. Mayor Miller conducted the nomination of the 2013 Mayor Pro tem: Sloan nominated Ellery Deaton as Mayor Pro Tem — no other nominations. AYES: NOES: Deaton, Levitt, Miller, Shanks, Sloan None Motion carried Mayor Levitt recessed the Council meeting at 11:16 p.m. SUCCESSOR AGENCY MATTERS Chair Levitt called the Successor Agency meeting to order at 11:16 p.m. Deaton moved, second by Miller, to approve the recommended actions on the consent calendar as presented. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried 1. Approved the Minutes of the Successor Agency to the Seal Beach Redevelopment Agency meeting of September 24, 2012. 2. Approved the Demands on Treasury. Warrants: 108-110 $22,844.34 Year-to-Date: $624,812.37 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. 3. Adopted Resolution No. SA12-15 entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES" 4. Adopted Resolution No. SA12-16 entitled "A RESOLUTION OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY AWARDING THE CONSTRUCTION CONTRACT FOR MARINA DRIVE STORM DRAIN IMPROVEMENTS PROJECT NO. SD1201 AND APPROVING PROFESSIONAL SERVICE AGREEMENTS BETWEEN THE SUCCESSOR AGENCY OF THE SEAL BEACH REDEVELOPMENT AGENCY AND PSOMAS FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES, CASULAS CONSTRUCTION SERVICES FOR INSPECTION, AND ASSOCIATED SOILS ENGINEERING FOR MATERIALS AND SOILS TESTING" (approving the plans and specifications; awarding a contract to Mike Bubalo Construction Inc. in the amount of $1,292,953 and delegating the authority to the Executive Director to approve payments caused by contract changes in the cumulative amount of $230,000). With no objections, Chair Levitt adjourned the Successor Agency meeting at 11:17 p.m. and reconvened the joint City Council and Financing Authority meeting. JOINT CITY COUNCIL AND FINANCING AUTHORITY Miller moved, second by Deaton, to approve the recommended actions of the items listed on the joint consent calendar. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 8 - City Council 12/10/12 N. Adopted Resolution No. PFA 12-01 entitled "A RESOLUTION OF THE SEAL BEACH PUBLIC FINANCING AUTHORITY NOTIFYING THE CITY COUNCIL THAT NO REVISIONS ARE REQUIRED TO THE AGENCY'S CONFLICT OF INTEREST CODE". O. Adopted Resolution No. 6340 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES AND REPEALING RESOLUTION NUMBER 6088" - received and filed the Public Financing Authority's notification that no changes are needed to the Authority's Conflict of Interest Code - adopted Resolution No. 6341 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A CONFLICT OF INTEREST CODE FOR THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY". ADJOURNMENT With no objections, at 11:18 p.m., Mayor Levitt adjourned the Financing Authority meeting and adjourned the City Council meeting to January 14, 2013 at 6:00 p.m. in the memory of former Seal Beach City Council Member Harold Holden (1970-1976). The December 24th Council meeting was cancelled by action of the City Council on January 9, 2012. .7117(4, it Clerk City of Seal Beach Approved: ✓ w ___ r May r Attest: 11�.._ /Rai City Clerk