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Home My WebLink AboutCC AG PKT 2012-11-13 #AAGENDA STAFF REPORT DATE: November 13, 2012 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REQUEST: Approve the minutes for the adjourned and regular City Council meeting of October 22, 2012. BACKGROUND AND ANALYSIS: 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. FINANCIAL IMPACT: There is no Financial Impact, RECOMMENDATION: Approve the minutes for the adjourned and regular City Council meeting of October 22, 2012. SUBMITTED BY: Li da Devine, City Clerk NOTED AND APPROVED: J141 J'I R. Ingram,Cit Ma ager Agenda Item A Seal Beach California October 22, 2012 Mayor Levitt called the adjourned meeting of the Seal Beach City Council to order at 5:30 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Levitt Council Members: Deaton, Miller, Shanks, Sloan City Staff: Quinn M. Barrow, City Attomey 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" - Conference with Legal Counsel - Existing Litigation GC §54956.9(a) - 1) Robert W, Beck and Nancy L. Beck. individuals v. City of Seal Beach, and DOES 1-20, inclusive and 2) John Doe v. City of Costa Mesa, City of Huntington Beach, City of Lake Forest, City of Seal Beach, Sandra Hutchens - Sheriff of Orange County, Tom Gazsi - Chief of Police, Costa Mesa Police Department, Ken Small - Chief of Police, Huntington Beach Police Department, Patrick Higa - Chief of Police Services, Lake Forest Police Department, Keith Kilmer - Interim Chief of Police, Seal Beach Police Department, et al. USDC Central District of California, SACV12-1665-AG (RNBx); Item "C" - Conference with Legal Counsel - Anticipated Litigation GC §54956.9(b) - 1 case; and Item "D" - 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 6:52 p.m. The City Attorney announced at the regular City Council meeting that the City Council met in closed session and discussed items on the agenda - gave direction to the labor negotiator on item "A"; gave direction to legal counsel regarding item "8.2'; and no other reportable action was taken, Approved: Mayor Attest: City Clerk City Clerk City of Seal Beach Page 2 - City Council 10/22/12 Seal Beach California October 22, 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: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager 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 APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Miter moved, second by Shanks, to approve the agenda as presented. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS Orange County Crime Stoppers —Aaron Berenschot, Coordinator :'r 2012 Jr. Lifeguard of the Year — Daniella Spina ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speakerts2: Charlie Gandy, representing Bikeable Communities, thanked the City for leading the way in working with OCTA and Cal -trans in making PCH safer for bicyclists. 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 items on the agenda — gave direction to the labor negotiator on item "A "; gave direction to legal counsel regarding item "B.2 ", and no other reportable action was taken. CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager announced that the City of Seal Beach is one of 10 cities selected by the County as "Early Voting" sites — voting started October 22nd and will go through October 30"' —the first day 23 voters cast their ballot; and informed residents that applications are available for those interested in serving on the 2013 Orange County Grand Jury. COUNCIL COMMENTS Mayor Pro Tem Miller reported that the Orange County Board of Directors voted 12 to 4 for Alternative 1 for the locally preferred 1-405 improvement project — this means that there will be one lane in each direction between the 605 freeway and Euclid — the toll lanes were rejected — the sound wall in College Park East will not be moved; and Mayor Levitt announced that the City will be holding a community meeting to discuss emergency preparedness and crime prevention on October 23rd in Leisure World, Club House 2 at 10 :30 a.m. Page - 3 City Council 10/22/12 COUNCIL ITEMS No items at this time. CONSENT CALENDAR Shanks moved, second by Miller, to approve the recommended actions on the consent calendar as presented. The City Attorney stated that Councilman Sloan will abstain on item "G" on the basis that he resides in College Park West — there is no conflict of interest but in an abundance of caution will abstain. AYES: Deaton, Levitt, Miller, Shanks NOES: None ABSTAIN: Sloan Motion carried *A. Approved the Minutes of the Adjourned City Council meeting and Joint City Council and Successor Agency meeting of September 24, 2012; and the Adjoumed City Council meeting of October 8, 2012. B. Approved the Demands on City Treasury. Warrants: 95157-95645 Payroll: Direct Deposits & Checks $3,276,628.45 Year-to-Date: 512,971,890.91 $546,114.24 Year-to-Date: $2,040,757.54 Yea,toidele am actual cash disbursements and do not reflect actual expenditures due to year-end accruals *C. Received and filed the Investment Monthly Report: August 2012. *D. Adopted Resolution No. 6918 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF ANAHEIM RELATING TO THE AVOID THE 26 DRIVING UNDER THE INFLUENCE CAMPAIGN PROJECT FOR ORANGE COUNTY". *E. Adopted Resolution No. 6919 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR 2012 ANNUAL SLURRY SEAL PROJECT NO. ST1101" (American Asphalt South, Inc, in the amount of $98,818.14) — this included the resurfacing of the basketball courts at Edison and Almond parks. *F. Adopted Resolution No. 6920 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR ARTERIAL & LOCAL STREET RESURFACING PROJECT NO. ST1102 & ST1103" (Hardy & Harper, Inc. in the amount of $375,903,77). *G. Adopted Resolution No. 6921 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR COLLEGE PARK DRIVEISTUDEBAKER OFF RAMP INTERSECTION IMPROVEMENT PROJECT NO. ST 1106" (All American Asphalt in the amount of $417,559.41). *H. Adopted Resolution No. 6922 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE SUBMITTAL OF TRAFFIC MANAGEMENT CENTER RELOCATION PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPETITIVE MEASURE M2 REGIONAL TRANSPORTATION SIGNAL SYNCHRONIZATION PROGRAM". ITEMS REMOVED FROM THE CONSENT CALENDAR No items were removed for separate consideration. Page 4 - City Council 10/22/12 PUBLIC HEARING ITEM "I" / ORDINANCE NO. 1624U & ORDINANCE NO. 1624 / PROHIBITING THE RENTAL OR LEASING OF RESIDENTIAL PROPERTY ON A SHORT TERM BASIS Mayor Levitt stated this was the time for consideration of item "I" public hearing — Ordinance No. 1624U and Ordinance No. 1624 - Vacation/Short Term Rentals, The Interim Director of Community Development provided the staff report giving the background of the direction given to staff by the City Council for the issuance of Conditional Use Permits (CUP) for residential use as vacation/short-term rentals in the Old Town area: Of the 23 existing vacation/short-term rentals — 17 have filed for a CUP to continue to use their residences as a vacation/short-term rental — of those 17 eight have been approved, one has been denied by the Planning Commission, and eight more are scheduled to be heard by the Commission; 3 of the 23 property owners have indicated to staff that they will no longer be using the residences as a vacation/short-term rental and 3 have been non-responsive (does not appear the properties are being used as vacation rentals); 3 new requests have been submitted for a CUP; the Planning Commission held a public hearing and adopted a resolution recommending to the City Council the prohibition of any new vacation/short-term rentals; purpose of the City Council taking the dual approach (urgency ordinance and introduction of ordinance) is to guard against the City being flooded by new requests for CUP's; the urgency ordinance would be effective immediately; and staff received written correspondence from 7 opposing the ordinances and 3 in favor — copies were placed on the dais for the City Council, Mayor Levitt opened the public hearing. Speakers: There were 2 speakers opposed to the ordinances and 15 speakers stated they were in favor of the adoption of the ordinances. Mayor Levitt closed the public hearing. With no objections, Mayor Levitt called for a recess at 8:30 p.m. and reconvened the meeting at 8:39 p.m. The City Council discussed the issue: • Council has the responsibility to do what is best for the community (Old Town); • Have not given the CUP process a chance to work before prohibiting any future requests; • CUP runs with the property and neighbors have to disclose the rental property next to them when selling their house — could cause a financial impact; • No record of police calls or calls to code enforcement; • Parking is an on-going issue and needs to have consequences in the conditions; • Neighbors need to file complaints; • Need to deal with illegal rentals; • Need to have a 24/7 code enforcement contact number for calls of complaints; • Lost control of the rentals when owners of the properties are purchased by outsiders not living on the property — no longer family owned; • The rentals with approved CUP's will be the test to see if the CUP process will work; • Concerned about owners property rights; and • No one is present at the meeting to express their opposition to the approval of the ordinances. Sloan moved, second by Deaton, to adopt urgency Ordinance No. 1624U entitled AN URGENCY ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONE TEXT AMENDMENT 12-3 PROHIBITING RENTAL OF RESIDENTIAL PROPERTY ON A SHORT-TERM BASIS and directed staff to pursue options for enforcement of the conditions in the approved Conditional Use Permits for Page - 5 City Council 10/22/12 vacation /short term rentals. The City Attomey read the title for the record and stated the urgency ordinance is effective immediately. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Deaton moved, second by Shanks, to introduce first reading of 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 ". The City Attorney read the title for the record. Second reading and adoption is scheduled for the November 13th City Council meeting. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. ADJOURNMENT With no objections, Mayor Levitt adjourned the City Council meeting at 8:58 p.m. to Tuesday, November 13, 2012 at 5:30 p.m. Approved: Mayor Attest: 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 prier 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 mode 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