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Home My WebLink AboutCC AG PKT 2013-02-11 #A AGENDA STAFF REPORT 4 DATE: February 11, 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 and regular City Council meeting of January 28, 2013. 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 January 28, 2013. SUBMITTED BY: NOTED AND APPROVED: inch Devine,tity Clerk Jil PR. Ingram, Ci"ger Agenda Item A Seal Beach California Jenuary28.2013 Mayor Miller called the adjourned meeting of the City Council to order at the Seal Beach Police Department in the Police Chiefs Conference Room at3:1Op.m. ROLL CALL Present: Mayor Miller Council Members: Levitt, Shanks, Sloan Absent: Council Member Deohnn City Staff: Jill R. Ingram,City Manager Quinn M. Bannw, City Attorney Sean P.Crumby.Assistant City Manager/Public Works Undo Devine, City Clerk CLOSED SESSION The City Attorney announced that the City Council would meet todiscuss the items identified on the closed session agenda: Item 'A"—Conference with Labor Negotiator ({]CEA) — GC §54957.6; |hum ''B^ — Confenanoewith Rao| Property Negotiators — GC §54956.8 — Restaurant located at the end of the Seal Beach Pier; and Item ^C''—Conference with Legal Counsel—GC§b4Q58.6(a)—Existing Litigation — 1)John Doe. District of California, SACV12-1665-AG (RNBx) and 2) Robert and Nancy Beck v. City of Seal Beach, Case No. 30-2012-00590726-CU- PT-CJC. (Council Member Deahmn arrived at3:15p.m.) With no objections, Mayor Miller recessed the closed session hothe Emergency Preparedness Training in the Sae| Beach Police Department Emergency Operation Center(EOC)at4:OOp.m. Presenters: Cathy Standifond and Joe Po|ivarofManagement Partners. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting otb2Upm. The City Attorney announced akthe regular meeting that the City Council met hr closed session and discussed the demo on the closed oeuokm agenda and gave direction An &onm'A";1B", "C-1^and"C'2^ —no other reportable action was taken. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2'City Council 01/28/ 3 Seal Beach California January 28. 2O13 The City Council met in regular session st 7:0Op.m. with Mayor Miller calling the mooting hu order in the City Council Chambers and Councilwoman Deoton led the Salute bu the Flag. ROLL CALL Present: Mayor Miller; Council Members: Qeoton. Levitt, Shanks, Sloan City Staff: Quinn M. 8anmow, City Attorney, General Counsel Jill R. Ingram, City Manager, Executive Director Sean P. Crumby.Assistant City Manager/Public Works Chief Joe 8U|inmviuh. Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Victoria LBeoUay. Director nf Finance/City Treasurer Jim Boohom, Director ofCommunity Development Linda Devine, City Clerk, Agency Secretary APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS &ORDINANCES The City Attorney stated that item ''L^ (public hearing) will be continued to February 25. 2013 due to improper noticing of the hearing. Mayor Pro Tern Qeotnn pulled item ^J^ from the consent calendar for aepaneba consideration. Qeaton moved, second by Shanks, to approve the agenda aoamended, AYES: Oembun. Levitt, Miller, Shanks, Sloan NOES: None Motion carried * CommendaUun-FimfiQhkorYandeUBishop-n+npimntufoPurp|mHoart ORAL COMMUNICATIONS Mayor Miller opened oral communications. Marc Luopesko. Run Seal Beach Chair, reminded everyone that the 3Q"'-annual 5N/10K Run is scheduled for April 13. 2013 - therevviU be a limit of 55,000 participants and SOO for the Kids Run; Beth B|onk, owner of Pedigo E|*oho Bikes in the Pavilion Cenbar, introduced their new business and invited everyone to attend their grand opening on FebruoryAm; N1ikeTa|in. 0d Town Sae| Beeuh, spoke on behalf of his client regarding the leasing of space (Hello Gorgeous) in the ^0d City Hall"; Robert Goldberg, Clipper Way, spoke on items ^D" (investment report) and ''J" (pier improvement project); Karen RuaaeU, Los Alamitos Unified School District Board Member, requested the City provide assistance/support for a roving school safety resource officer for the uohno| district; Robert Beck, attorney representing John Umn. indicated that howas present on behalf of the applicant on the appeal (item L); Joyce Panque. 6th Street, expressed her on-going concerns and issues; George Moreno, Seal Beach, spoke on item "F" (roof deck ordinance) requesting that (hncanop|eoumbmoUoa be allowed to stay up during the weekends; and Pet Ross, Pansy Circle, stated her concerns about smart meters and global warming. There being no other speakers, Mayor Miller declared ons| communications closed. CITY ATTORNEY REPORT Quinn yW. Barrow, Eaq.. City Attorney The City Attorney announced at the regular meeting that the City Council met in closed session and discussed the items on the closed session agenda and gave direction to items 'Y\^; ^8^; ^C-1^ and ^C-2" - no other voAuMeb|o action was taken. CITY MANAGER REPORT Jill R. Ingram, City Manager No report. Page-3 City Council 01/28/13 COUNCIL COMMENTS Councilman Shanks commented that the school district and city have worked hard on the joint agreements (item G) and indicated that the police department will have the right hand drive parking vehicles in service in the next couple of weeks; Mayor Pro Tern Deaton requested that the City Manager work with the LAUSD superintendent regarding school safety (with no objections Mayor Miller so ordered); and Mayor Miller reported that on January 16th he and Councilman Levitt attended the League of California Cities New Mayor and City Council Academy in the City of Sacramento— it was a refresher course on the role of the City Council interfacing with the City Manager — Council majority sets policies and the City Manager carries out the policy giving leadership to the staff and runs the city—covered others areas for being an effective council member. COUNCIL ITEMS ITEM "A"/SEAL BEACH PIER REPORT/FISHING (Deaton) The Assistant City Manager/Public Works provided the staff report giving the background on the agreement the City has with the State to allow fishing on the pier — reported that staff is working on improvements and maintenance to the conditions of the pier—will be finding ways to educate the public of the problems of fishing and pedestrians on the pier. The Council requested that staff look into the options that the City may have to regulate the fishing on the pier(State Fish and Game and Coastal Commission) — due to public safety and sanitary issues the City may be able to designate areas for fishing only on the pier. Deaton moved, second by Levitt, to receive and file the report. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR Shanks moved, second by Sloan, to approve the recommended actions on the consent calendar as presented except for item "J" pulled for separate consideration. The City Attorney read the title of Ordinance 1625 (item F)for the record. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried *B. Approved Minutes of the Adjourned and Regular City Council meeting of January 14,2013. *C. Ratified Demands on City Treasury. Warrants: 96671-96918 $1,458,778.73 Year-to-Date: $19,292,604.43 Payroll: Direct Deposits &Checks $315,737.30 Year-to-Date: $4,229,166.96 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *D. Received and filed Monthly Investment Report: December 2012. *E. Accepted the resignation of David Everson, District One representative, and ratified the appointment of Steven Sloan to fill the unexpired vacancy on the Planning Commission. (Special Vacancy Notice posted on 01118113) *F. Adopted Ordinance No. 1625 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE TO REGULATE CANOPIES ON RESIDENTIAL ROOF DECKS (ZTA 12-2)" - amending the Seal Beach Municipal Code to regulate canopies on residential roof decks. Page 4-City Council 01/28/13 *G. Adopted Resolution No. 6345 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE MASTER AGREEMENT FOR McGAUGH ELEMENTARY AND INDIVIDUAL JOINT USE AGREEMENTS FOR McGAUGH GYM, POOL, AND TENNIS COURTS" (Los Alamitos Unified School District). *H. Adopted Resolution No. 6346 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH COMMERCIAL AQUATICS SERVICES FOR POOL MAINTENANCE SERVICES" (McGaugh Pool - two year agreement annual amount of$12,000). *I. Adopted Resolution No. 6347 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH BARCH BUILDER ARCHITECTS FOR THE DESIGN OF McGAUGH POOL ADA IMPROVEMENTS PROJECT NO. BG1206"(in the amount of$19,800). *J. Pulled for separate consideration. (Deaton) *J. Pier Upgrade Improvements Project No. BP1002 — Adopt Resolution No. 6348 approving amendment to the agreement with Moffitt & Nichol in the amount of $55,508 to prepare plans and specifications for the project. *K. Adopted Resolution No. 6349 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH GOVDEALS, INC. FOR AUCTION SERVICES". ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "J" / RESOLUTION NO. 6348 / PIER UPGRADE IMPROVEMENTS PROJECT NO. BP1002 (Deaton) Assistant City Manager/Public Works provided a presentation and staff report giving the background of this project: 1) pier utilities; 2) pier decking; and 3) pier structural improvements. Council received clarification on the pier study and the utility improvements. Deaton moved, second by Sloan, to adopt Resolution No. 6348 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND MOFFATT & NICHOL FOR PIER UPGRADES PROJECT NO. BP1002" (in the amount of$55,508 to prepare plans and specifications). AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "L" / APPEAL OF CONDITIONAL USE PERMIT 12-15 (SHORT TERM VACATION RENTAL)/546 OCEAN AVENUE(JOHN LIMA) Mayor Miller stated this was the time and place for the public hearing for consideration of agenda item "L" — Appeal of Planning Commission decision denying Conditional Use Permit 12-15 -short term vacation rental at 546 Ocean Avenue. This hearing will be continued to February 25, 2013. Mayor Miller opened the public hearing and stated that anyone present who cannot be present at the February 25th meeting may speak at this time. There were no speakers. With no objections, Mayor Miller continued the public hearing to February 25, 2013. The City Attorney indicated that the public hearing will be re-noticed. UNFINISHED/CONTINLIED BUSINESS No items at this time. NEW BUSINESS No items at this time. Page-5 City Council O1/28/ 3 ADJOURNMENT With no objections, Mayor Miller adjourned the City Council meeting at 8:13 p.m. bz Monday February 11, 2O13at5:3Up.m. to meet in closed session, ifdeemed necessary. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk NOTICE The t0lowing document has not been approved for accuracy and may be corrected,modifted or amended before Anat 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 offort to see that proper notes are taken at a meeting,and although draft Minutes are generally approved as submitted, changes and corrections are sometimes made before a final version is approved. The City therefore makes 110 warranty,expressed or imallod,as to the contents of this document,Once Official Minutes have been approveA a copy can be obtained from the City Clerk,