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Home My WebLink AboutCC Min 2013-01-28 Seal Beach California January 28, 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 at 3:10 p.m. ROLL CALL Present: Mayor Miller Council Members: Levitt, Shanks, Sloan Absent: Council Member Deaton City Staff: Jill R. Ingram, City Manager Quinn M. Barrow, City Attorney Sean P. Crumby, Assistant City Manager/Public Works 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) — GC §54957.6; Item "B" — Conference with Real Property Negotiators — GC §54956.8 — Restaurant located at the end of the Seal Beach Pier; and Item "C" — 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. (Council Member Deaton arrived at 3:15 p.m.) With no objections, Mayor Miller recessed the closed session to the Emergency Preparedness Training in the Seal Beach Police Department Emergency Operation Center (EOC) at 4:00 p.m. Emergency Operations Training - Presenters: Cathy Standiford and Joe Polisar of Management Partners. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 5:20 p.m. 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 A'; "B"; "C-1"and "C-2" — no other reportable action was taken. Sh../41 Cit Clerk City of Seal Beach 1I Approved: I I Mayor /� j Attest: a/t,a . /L, City Clerk Page 2 - City Council 01/28/13 Seal Beach California January 28, 2013 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 Councilwoman Deaton led the Salute to the Flag. ROLL CALL Present: Mayor Miller; Council Members: Deaton, Levitt, Shanks, Sloan City Staff: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager Sean P. Crumby, Assistant City Manager/Public Works Chief Joe Stilinovich, 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 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 Tem Deaton pulled item "J" from the consent calendar for separate consideration. Deaton moved, second by Shanks, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS Commendation — Firefighter Yandell Bishop — recipient of a Purple Heart ORAL COMMUNICATIONS Mayor Miller opened oral communications. Speakers: Marc Loopesko, Run Seal Beach Chair, reminded everyone that the 39th annual 5K/10K Run is scheduled for April 13, 2013 — there will be a limit of 55,000 participants and 600 for the Kids Run; Beth Black, owner of Pedego Electric Bikes in the Pavilion Center, introduced their new business and invited everyone to attend their grand opening on February 9`h; Mike Talin, Old Town Seal Beach, spoke on behalf of his client regarding the leasing of space (Hello Gorgeous) in the "Old City Hall"; Robert Goldberg, Clipper Way, spoke on items "D" (investment report) and "J" (pier improvement project); Karen Russell, Los Alamitos Unified School District Board Member, requested the City provide assistance/support for a roving school safety resource officer for the school district; Robert Beck, attorney representing John Lima, indicated that he was present on behalf of the applicant on the appeal (item L); Joyce Parque, 6th Street, expressed her on-going concerns and issues; George Moreno, Seal Beach, spoke on item "F" (roof deck ordinance) requesting that the canopies/umbrellas be allowed to stay up during the weekends; and Pat Ross, Pansy Circle, stated her concerns about smart meters and global warming. There being no other speakers, Mayor Miller declared oral communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., 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 "A"; "B"; "C-1" and "C-2" — no other reportable action was taken. Page - 3 City Council 01/28/13 CITY MANAGER REPORT Jill R. Ingram, City Manager No report. 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 Tem 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 111 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 01/18/13) `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). *1. 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/CONTINUED BUSINESS No items at this time. Page - 5 City Council 01/28/13 NEW BUSINESS No items at this time. ADJOURNMENT With no objections, Mayor Miller adjourned the City Council meeting at 8:13 p.m. to Monday February 11, 2013 at 5:30 p.m. to meet in closed session, if deemed necessary. 1 City Clerk City of Seal Beach 1/41/ Approved: , :yor (-. Attest: it ALAS" City Clerk