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Home My WebLink AboutCC AG PKT 2013-02-25 #A SE AGENDA STAFF REPORT DATE: February 25, 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 February 11, 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 February 11, 2013. SUBMITTED BY: NOTED AND APPROVED: Li aai Devine, bly derk ilA Ingram, City MkJnger Agenda aeii, .__A Seal Beach California February 11, 2013 Mayor Miller 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 Miller Council Members: Deaton, Levitt, 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"—Conference with Labor Negotiator(OCEA-PMA-POA)—GC §54957.6; Item "B"—Conference with Legal Counsel — GC §54956.9(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; and Conference with Legal Counsel—GC§54956.9(c)—Anticipated Litigation—2 cases. The City Attorney reported that the City Council met in closed session and discussed the items on the closed session agenda and gave direction to items A'; `B-1'and"C—both cases" —no other reportable action was taken. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:53 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2-City Council 02/ 1/13 Seal Beach California February 11. 2O13 The City Council met in regular session at 7:00 p.m. with Mayor Miller calling the meeting to order in the City Council Chambers and Councilman Levitt led the Salute tothe Hag. ROLL CALL Present: Mayor Miller; Council Members: Deaton. Levitt,Shanks, Sloan City Staff: Quinn W1.Barrow,City Attorney Jill R. Ingram, City Manager Sean P.Cmmby,Assistant City MemaQer/Pub|ioWorks Chief Joe Sh|inovinh. Seal Beach Police Department Chief Joe Bailey, MahneSafaty/Lifoguand Victoria LBeoUoy. Director of Finance/City Treasurer Jim 8asham. Director of Community Development Undo Devina,City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS &ORDINANCES The City Attorney stated that a revised agreement with minor changes (item "F") was placed on the dais and copies were owa||ob|e at the City Clerk's desk. Shanks moved,second by Sloan,0z approve the agenda mspresented, AYES: Daaton. Levitt, Miller,Shanks, Sloan NOES: None Motion carried • OrungoCountyF|reAu\hurity—BoUoUonChiofDanHonson—netiement • Cypress College Foundation Americana Award—"Citizen of the Year"for the City nf Seal Beach'Esther Cummings • Regional Occupational Program (ROP) Career & Technical Education Month — February 2013 • Comprehensive Annual Financial Report (CAFR) for the year ended June 30. 2U12—Lance,Soil&Lunghand.LLP(Agenda Item^C") ORAL COMMUNICATIONS Mayor Miller opened une| communications. Speakers: Seth Eaker, Seal Beach Chamber of Commavca, reported the Chamber's support for the Southern California Edison Raobed program and the 0tt'Annum| Health Fair atthe pier on March 10m; Christopher Townsend, Clipper VVay, thanked the staff for their help with the placement of memorial bench at K4ahne Park in honor of his father; and Pat Ross, Pansy Circle, continued stating her concerns about smart meters and global warming and provided the Council with information. There being no other speakers, Mayor Miller declared oral communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Eaq.. City Attorney No report at this time. CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager recognized Battalion Chief Don Hanson for his tenure atthe City and wished him the best on his retirement. COUNCIL COMME14TS Counci|memberm stated that the parking vehicle (hght-hond drive jeep)was now in service and was parked outside the Chambers for those that would like (usee Page-3 City Council U2M1/13 it; Councilman Shanks reminded everyone that they can prevent their cars from being broken into by not leave personal items visible in their cans; and Councilman Sloan commended Esther Cummings on being selected the 2013 Cypress College Foundation Americana Award recipient of the Citizen of the Year for the City of Seal Beach. CONSENT CALENDAR Shanks moved, second byDooton. hz approve the recommended actions on the consent calendar ampresented. AYES: Deaton. Levitt, Miller, Shanks,Sloan NOES: None Motion carried *A. Approved the Minutes of the Adjourned and Regular City Council meeting of January 28. 2013. °B. Ratified the Demands nn City Treasury. VVurrmnha: 96871'96918 $328.337.24 Year-to-Date: $18.021.841.07 Payroll: Direct Deposits &Chemks $348.044.04 Year-to-Date: $4.577,211.00 Year-to-date are actual cash disbursements and do not reflect actual expenditures due m year-end accruals. *C. Received and filed the City of Seal Beach 2012 Comprehensive Annual Financial Report(CAFR); the Audit Communication Letter; and the Report on Internal Control. °O. Adopted Resolution No. 6350 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT / SERVICES DR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY 2012 URBAN AREAS SECURITY INITIATIVE (UAS|) GRANT PROGRAM BETWEEN THE CITY OF SANTA ANA AND THE CITY OF SEAL BEACH". (Homeland Security Grant Program) °E. Adopted Resolution Nn. 6351 entitled 7\ RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TOBE COMPLETED PER CONTRACT DOCUMENTS FOR ENVIRONMENTAL CLEANUP PROGRAM PROJECT~ (United Sbmnn Water, Inc. in the amount of $14.228.26) °F. Adopted Resolution No. 6352 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH OXY USA` INC. FOR PIER BOAT LAUNCHING SERVICES". °G. Adopted Resolution No. 6353 entitled 'Y\ RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE EXPENDITURE OF FUNDS TO RETAIN PROFESSIONAL SERVICES FOR ADVOCACY EFFORTS AND ENVIRONMENTAL SUPPORT TO OPPOSE THE 1-405 TOLL LANES". (amending the Professional Services Agreement with W.G. Zimmerman, Inc. for an additional $20.000; amending the Professional Services Agreement with Environmental Impact Sciences for on additional $20.000; authorizing the City Manager to pay the City of Westminster up to $20,000 to participate in (Corridor Cities Coalition)cost sharing of professional oamioem provided by Townsend Public Affairs (TPA) for advocacy efforts related to the Orange County Transportation Authority 1-485 Improvement Project; and approving Budget Amendment No. 13-08-01 in the amount of$8O,OOO) ITEMS REMOVED FROM THE CONSENT CALENDAR No items removed from consent calendar. Page 4'City Council 02/ 1/13 PUBLIC HEARING ITEM "H"/APPEAL OF CONDITIONAL USE PERMIT 12-21 /247 17 TH STREET (BECK)/SHORT TERM VACATION RENTAL Mayor [NiUnr stated this was the time and place for the puLdk: hearing for consideration of agenda item ^H^ — Appea| of Planning Commission decision denying Conditional Use Permit 12'21 - short term vacation rental at 247 17th Street (Beck). Mayor Miller opened the public hearing. The Director of Community Development provided the staff report giving the background and Umeframeof the appeal of CUP 12'21. and recommended that after considering all relevant testimony that the Council direct staff to prepare a resolution upholding the Planning Commission's denial of Conditional Use Permit 12-21. Speakers: The Mayor provided the applicant the opportunity to speak. Robert Beuk, applicant/owner, stated his case for the appeal of the Planning Commission decision to deny his request for a CUP (short term vacation rental) for his property located at 247 17"'Street in Seal Beach and provided a handout with additional information; and there were G speakers requesting that the Council uphold the Planning Commission's decision in the denial of CUP 12-21. Mr. Back mode final comments utoUnQ that his property would not have a significant impact ho the neighborhood or parking in the area. There were no other speakers - Mayor yNiUmr closed the public hearing. The City Attorney introduced the following into the record: all testimony given; applicant submitted a document dated 02Y11/13; an email from Gary Johnson dated 02/11/13; all letters and correspondences;and staff report with all attachments. Council inquired and commented regarding the following: about noise and disturbance; about the impacts specific 10 247 17 m Street; the need 10 have an on-site manager Vn the property; narrow street and parking is concern; and having a nunto| unit is not conducive to raising a child next door(strangers going in and out), neighbor concerns are important; neighbors du not like to call the police every time they are disturbed by noise; and not sure how to handle noise issues. After Council deliberation Deohon movad, second by Shmnka, directing staff to prepare a resolution based on the evidence presented with necessary findings to uphold the Planning Commission's decision to deny Conditional Use Permit 12- 21 form short term vacation un nonto| at 247 17 Street (Beck). The City Attorney ntobad that the resolution will be on the February 25m agenda for Council consideration. AYES: Dem8on. Miller, Shanks, Sloan NOES: Levitt Motion carded UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS No items n1 this time. ADJOURNMENT With no objections, Mayor Miller adjourned the City Council meeting at 8:31 p.m. 0n Monday, February 25. 2O13ot5:3Up.m. ho meet in closed session, |fdeemed necessary; and adjourned in the memory of Edna VVi|mun-Sharp. former Seal Beach Mayor and longtime resident uf Seal Beach. NOTICE, The following document has not been approved for accuracy and maybe 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 an or used as an official record of the proceedings.Although in*City of Seat 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 sornelimas 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.