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HomeMy WebLinkAboutCC AG PKT 2013-01-14 #C j F SERC' �`+. AGENDA STAFF REPORT } 4 DATE: January 14, 2013 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 City Council meeting and the joint City Council and Financing Authority meeting of December 10, 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 City Council meeting and the joint City Council and Financing Authority meeting of December 10, 2012. SUBMITTED BY: NOTED AND APPROVED: . \ z J i Linda Devine, City Clerk J" R. Ingram, C y nager Agenda Item C Seal Beach California December 1U,2O12 Mayor Levitt called the adjourned meeting of the Seal Beach City Council to order at5:35p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Levitt Council Members: Ooaton. Miller, Shanks, Sloan City Staff. Jill R. Ingram, City Manager Quinn /N. Barrow, City Attorney Sean P. Crumby.Assistant City Manager/Public Works Linda Dovina, City Clerk CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items idenUfiedon the closed session agenda: Item 'Y\''—Public Employment— GC§54Q57 - City Manager; Item ^B^ - Conference with Labor Negotiator (Executive and Mid Managers—OCEA—SBSPA)-8O§54957.8;and Item^C"— Conference with Legal Counsel — GC §54956.9(u) — Existing Litigation — John Doe, District ofCalifornia, SACV12-1685-AG (HNBx) and Beck, OC Superior Coud2O12-OD5QO72G-CU-PT-CJC; Item ^O^ — Conference with Legal Counsel— GC§54956.9(c)— Anticipated Litigation—3cases. ADJOURNMENT It was the order of the Mayor,with consent of the Council to adjourn the meeting at6:45p.m. The City Attorney d at the regular meeting that the City Council met in closed session and discussed the items on the /o items C(John Doe) and D(both cases)and no other reportable action was taken. City Clerk , City of Seal Beach Approved: Mayor Attest: City Clerk Page 2-City Council i2/1OM2 Seal Beach California December 1U.20Y2 The City Council and Seal Beach Public Financing Authority met injoint regular senakm at 7:00 p.m. with Mayor Levitt calling the meeting &o 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 Qty Clerk - Linda Devine for the term of office 2012 — 2O16. (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. 2O12) Councilwoman Deoton led the Salute tu the Flag. ROLL CALL Present: Mayor Levitt; Council Members: Deaton.Miller,Shanks, Sloan City Staff: Quinn K8. Barrow,City Attorney, General Counsel Jill R. Ingram,City Manager, Executive Director Sean P.Crumb\(Assistant City Manager/Public Works Chief Keith Ki|mer, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Victoria L 8eoUey, 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 Shanks moved,second by Miller, ho approve the agenda anpresented. AYES: Deokm. Levitt, Miller, Shanks,Sloan NOES: None Motion carried None ad this time. ORAL COMMUNICATIONS Mayor Levitt opened oral uommunicoUono. Speakerfs) 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 VVhea8oy, Center for Contract CompUanca, spoke on agenda item ^H^ (Ocean Avenue alley project) and stated his concerns; Kent Somber, Thath|nn Event, stated this event was auooeoafu| and hoped this event will continue in Seal Beach; and Robert Goldberg, Clipper VVay, inquired about item ''E~ (labor agreements). There being no other speakers, Mayor Levitt declared ono| communications closed. CITY ATTORNEY REPORT Quinn K8. Barrow, Esq.. City Attorney The City Attorney announced that the City Council met inclosed session and discussed the items on the closed session agenda — gave direction to items C (John Doe v. City ofCosta yW*aa) 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, |n&ahnn D|nsob>r of Community Development and Keith Kilmer, |nhahm Chief of Police; introduced Joe SUUnoviches the new Chief cf Police and Jim Bmahamas the new Director of Community Development; asked Bill Avery, Bill Avery & Associates, Inc., to provide on overview and highlight the significant provisions of the two |abot Page'3 City Council 12/1OM2 agreements (Exeoubvw/N1id Management and Supervisors & Professional Association SBSPA)-item is on the consent calendar; announced that City Hall and maintenance yard will be closed starting December 24 m through January 1$t; and wished everyone a safe and prosperous holiday. COUNCIL COMMENTS The City Council extended a happy holiday season; Councilman Sloan announced the "Breakfast with Ganta" 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 raousing herself from the public hearings because she lives within 500 feet of the subject properties(state|ew). COUNCIL ITEMS Nm items at this time. CONSENT CALENDAR Deabon moved, second by Sloan, to approve the recommended actions on the consent calendar ompresented. AYES: Demton. 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 hu Charles King Co.-this is for bid option 2. °A. Approved the Minutes of the Adjourned City Council meeting ofNovember 13. 2012 and the Seal Beach Public Financing Authority Joint Meeting of December 12.2O11. (Joint Item) °B. Approved the Demands on City Treasury. Warrants: 95832-90230 *1.281.815.83 Year-to-Date. $15.140.456D3 Payroll: Direct Deposits &Cheokm $533.472.51 Year-to-Date: $2.829\560.52 ��x`dam are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. °C. Received and fi/edthe Investment Monthly Report: October 2012. °D. Adopted Resolution No. 8331 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^F8^H^) °E Adopted Resolution No. 8332 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. 0333 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING (kAOU) BETWEEN THE CITY DF SEAL BEACH AND THE SEAL BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION (8BSPA) FOR THE PERIOD OF DECEMBER 1O.2O12 THROUGH JUNE 8O. 2O18''. °F. Adopted Resolution Nn. 6334 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE SOBRIETY CHECKPOINT GRANT PRDGFO\N1 FOR 2O12-2013'' accepting the 2U12/2O13 California Office cf Traffic Safety(OTS)funding in the amount of$01.O82.7O. (Budget Modification No.13-VO-01 -Agenda Item^o^) °G' Adopted Resolution No, 6335 onUU*d "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TOBE COMPLETED PER CONTRACT DOCUMENT FOR CONSTRUCTION FOR THE NAVY Page 4-City Council 12/l012 DRAINAGE EASEMENTS IMPROVEMENTS PROJECT NO. GD1202^ (CopperTop Enterprises, Inc. |n the amount of$181.1A0.21) °H. (1) Rejected the apparent 1st and 2nd low bids for alternate bid item; (2) Adopted Resolution No. 6336 entitled 7\ RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONSTRUCTION CONTRACT FOR OCEAN AVENUE ALLEY WATERLINE AND SEWER REPLACEMENTS PROJECT NO. VVT1201 2) AND APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND ANDERSON PENNA PARTNERS FOR PROFESSIONAL SERVICES" ( approving the plans and specifications; (b) awarding the contract to Charles King Co. in the amount nf $715.00O for a segment of the project (Option 2); and (o) approving Amendment No. 1 to the agreement with Anderson Penna Partners, Inc. for additional design services in the amount of 82'870; (3) Approved expenditure of up to $15,000 for construction support (inspection) to Cosu|as Construction Services; and (4) Authorized the City Manager to approve contract changes in the amount cf$71,500. (Budget Modification No.1a-0OO1-item^o^) °|. Adopted Resolution No. 6337 entitled 'Y\ RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT WITH PAC|F|[WEST ASSET MANAGEMENT CORPORATION FOR PROPERTY MANAGEMENT SERVICES" (at o monthly base fee of $1.28O). °J. Adopted Resolution Nu 8338 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE MEASURE K82 EXPENDITURE REPORT FOR THE CITY OF SEAL BEACH" approving the submittal of the annual expenditure report to OCTAfnr N1emouna yW2 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 f 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 o dome friend of the neighbor and for that reason will reoume 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 |nhyhm 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 Sohu|zman and Richard Ned, applicants of the appeal, stated there are 4 issues for the appeal (parking, property value, bundon, and privacy); Perry Guthery and Lenore 8chwankovnky, 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 ofthe appeal. The City Council received clarification from the property owners and other speakers With no objections, Mayor Levitt called for nacaus at 9:26 p.m. and reconvened the meeting at 9:41 p.m, Page-5 City Council 12Y1OM2 There were no other speakers, Mayor Levitt closed the public hearing. The City Attorney provided the City Council with the options: 1. /#ffirmthe Planning Commission decision—approval of CUP 124O; 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 10 deny the CUP. Council comments and concerns: • ConCUPberavnked—rampnnse: yes, there iea process but property owner will usually comply once a revocation hearing iascheduled; • CUP runs with the property — oge of building is the cause of some of the problems—enough valid complaints bo bring some doubt; • Parking complaints; question whether vacation rentals lower property value; neighbors need&z call un noise issues; and • Ve|idpoinbshzrbothoidem—nood |ongkannnanbensbocnvercosto—ifCUPia approved the neighbors need to be able bu oo|| if conditions are not being followed. Mayor Lcvittna+oponed the public hearing in order b» ask the property owners some questions. Would they be willing tu compromise and use the property for 0 month lease (nn CUP needed)— response: this hearing in 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 o|ehfied that the CUP hearings are to determine compatibility. Mayor Levitt closed the public hearing. Mayor Levittr*mpened the public hearing in order tu 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 tha\, based upon the testimony of the neighbors' they might prefer renting the property for periods longer than 30 days, in which case nm CUP ianeeded. 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 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 muu|uUon reflecting this decision at the next Council meeting. AYES: Levitt, Miller, Shanks NOES: None ABSTAIN: Deahon.Skmn Motion carried Councilman Sloan returned to the Council Chambers at1D08p.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 k#t 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 |oomhad at 400 Ocean Avenue. The Senior Planner provided the background of the Planning Commission decision, property owner/applicant filed appeal in February 2011 and requested this item be continued until honight, and staff recommends upholding the Planning Commission decision to deny Variance 11-2 (subdivision of75'|oU. Page 6-City Council 12U012 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 2inopposition, Levitt moved, second by Miller, to waive the time limit of the meeting(pursuant to Council Policy 100-U3—section Q). AYES: Levitt, Miller, Shanks, Sloan NOES: Nmwm ABSTAIN: DeaVmn 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 o|ahficnUon 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; • Mensinnizadon—limitations have been put inplace; and • Presentation by owner was a scare tactic—should goon the basis that this is something that should bedone. 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 tnchange the Code. Shanks movad, second by Miller, 0o grant Variance 11-2 and directed staff to prepare resolution for the next Council meeting reflecting this decision and to include that the 75' property subdivide as follows: corner lot 42>6 feet and the interior lot 32}6feet. AYES: Levitt, Miller, Shanks, Sloan NOES: Nona ABSTAIN: Denton Motion carried Councilwoman Demkm returned to the Council Chambers ad111Op.m. UNFINISHED/CONTINUED BUSINESS No items ek 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: Deotnn nominatedGeryyWiUeraaMayor—nnothernominaUons. AYES: Oeo1on' Levitt, Miller,Shanks,Sloan NOES: None Motion carried Newly elected Mayor KAi||or presented the outgoing Mayor Levitt with the bmd|Uone| Mayor's plaque. The City Council expressed their gratitude and appreciation for his tenure as Mayor. Mayor Levitt made his final comments as Mayor. Page-7 City Council 12MQ12 Mayor Miller conducted the nomination of the 2013 Mayor Pm tem: Sloan nominated B|eryDeotonus Mayor Pro Tern—no other nominations. AYES: Dmahon. Levitt, Miller, Shanks, Sloan NOES: None Motion carried Mayor Levitt recessed the Council meeting ot11:16p.m. SUCCESSOR AGENCY MATTERS Chair Levitt called the Successor Agency meeting Lo order at11:18p.m. Doaion moved, second by Miller, tn approve the recommended actions on the consent calendar aspresented. AYES: 0eatnn' 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 24,2O12. 2. Approved the Demands onTreasury. Warrants: 108'110 S22.844.34 Year-to-Date: *824.812.37 ��lo-dam are actual cash disbursements and do not reflect actual expenditures due m year-end accruals. 1 Adopted Resolution Nu. SA12-15 entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY ADOPTING ANAMENDED CONFLICT OF INTEREST CODE CONTAINING DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES" 4. Adopted Resolution No. SA12-10 entitled "A RESOLUTION OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY AWARDING THE CONSTRUCTION CONTRACT FOR MARINA DRIVE STORM DRAIN IMPROVEMENTS PROJECT ND. SO12O1 AND APPROVING PROFESSIONAL SERVICE AGREEMENTS BETWEEN THE SUCCESSOR AGENCY OF THE SEAL BEACH REDEVELOPMENT AGENCY AND PSOMAS FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES, CASUL4S CONSTRUCTION SERVICES FOR INSPECTION, AND ASSOCIATED SOILS ENGINEERING FOR MATERIALS AND SOILS TESTING" (approving the plans and specifications; awarding a contract to Mike 8ubo|oConstruction 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$23U.00O). With no objections, Chair Levitt adjourned the Successor Agency meeting at 11:17 p.m. and reconvened the joint City Council and Financing Authohty meeting. JOINT CITY COUNCIL AND FINANCING AUTHORITY W1iUar moved, nauund by Deahon, to approve the recommended aoUuna of the items listed on the joint consent calendar. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried 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 TC) THE AGENCY'S CONFLICT 0F INTEREST CODE^. Page 8-City Council 12110112 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. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk 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 submilled, changes and 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.