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Home My WebLink AboutCC Min 2013-02-11 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 111 It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:53 p.m. - T` 14 At/41Gn/ City Clerk City of Seal Beach II Approved: ayor Attest: 01 Cit Clerk 1 Page 2 - City Council 02/11/13 Seal Beach California • February 11, 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 Councilman Levitt 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 a revised agreement with minor changes (item "F") was placed on the dais and copies were available at the City Clerk's desk. Shanks moved, second by Sloan, to approve the agenda as presented. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS u Orange County Fire Authority— Battalion Chief Dan Hanson — retirement Cypress College Foundation Americana Award — "Citizen of the Year" for the City of Seal Beach - Esther Cummings u Regional Occupational Program (ROP) Career & Technical Education Month — February 2013 * Comprehensive Annual Financial Report (CAFR) for the year ended June 30, 2012 — Lance, Soil & Lunghard, LLP (Agenda Item "C") ORAL COMMUNICATIONS Mayor Miller opened oral communications. Speakers: Seth Eaker, Seal Beach Chamber of Commerce, reported the Chamber's support for the Southern California Edison Restart program and the 6th Annual Health Fair at the pier on March 16th; Christopher Townsend, Clipper Way, thanked the staff for their help with the placement of a memorial bench at Marina 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, Esq., City Attorney No report at this time. CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager recognized Battalion Chief Dan Hanson for his tenure at the City and wished him the best on his retirement. COUNCIL COMMENTS Councilmembers stated that the parking vehicle (right-hand drive jeep) was now in service and was parked outside the Chambers for those that would like'to see it; Councilman Shanks reminded everyone that they can prevent their cars from being broken into by not leave personal items visible in their cars; 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. Page - 3 City Council 02/11/13 CONSENT CALENDAR Shanks moved, second by Deaton, to approve the recommended actions on the consent calendar as presented. 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 on City Treasury. Warrants: 96671-96918 $329,337.24 Year-to-Date: $19,621,941.67 Payroll: Direct Deposits & Checks $348,044.04 Year-to-Date: $4,577,211.00 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to 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. *D. Adopted Resolution No. 6350 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT / SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY 2012 URBAN AREAS SECURITY INITIATIVE (UASI) GRANT PROGRAM BETWEEN THE CITY OF SANTA ANA AND THE CITY OF SEAL BEACH". (Homeland Security Grant Program) *E. Adopted Resolution No. 6351 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR ENVIRONMENTAL CLEANUP PROGRAM PROJECT". (United Storm 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 "A 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 an 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 services provided by Townsend Public Affairs (TPA) for advocacy efforts related to the Orange County Transportation Authority 1-405 Improvement Project; and approving Budget Amendment No. 13-08-01 in the amount of $60,000) ITEMS REMOVED FROM THE CONSENT CALENDAR No items removed from consent calendar. PUBLIC HEARING ITEM "H" / APPEAL OF CONDITIONAL USE PERMIT 12-21 / 247 17TH STREET (BECK) / SHORT TERM VACATION RENTAL Mayor Miller stated this was the time and place for the public hearing for consideration of agenda item "H" — Appeal of Planning Commission decision denying Conditional Use Permit 12-21 - short term vacation rental at 247 17th Page 4 - City Council 02/11/13 Street (Beck). Mayor Miller opened the public hearing. The Director of Community Development provided the staff report giving the background and timeframe of 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 Beck, 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 17th Street in Seal Beach and provided a handout with additional information; and there were 6 speakers requesting that the Council uphold the Planning Commission's decision in the denial of CUP 12-21. Mr. Beck made final comments stating that his property would not have a significant impact to the neighborhood or parking in the area. There were no other speakers - Mayor Miller closed the public hearing. The City Attorney introduced the following into the record: all testimony given; applicant submitted a document dated 02/11/13; 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 to 247 17th Street; the need to have an on-site manager on the property; narrow street and parking is a concern; and having a rental unit is not conducive to raising a child next door (strangers going in and out); neighbor concerns are important; neighbors do not like to call the police every time they are disturbed by noise; and not sure how to handle noise issues. After Council deliberation Deaton moved, second by Shanks, 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 for a short term vacation rental at 247 17th Street (Beck). The City Attorney stated that the resolution will be on the February 25th agenda for Council consideration. AYES: Deaton, Miller, Shanks, Sloan NOES: Levitt Motion carried UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. ADJOURNMENT With no objections, Mayor Miller adjourned the City Council meeting at 8:31 p.m. to Monday, February 25, 2013 at 5:30 p.m. to meet in closed session, if deemed necessary; and adjourned in the memory of Edna Wilson-Sharp, former Seal Beach Mayor and longtime resident of Seal Beach. JCOL;h1 -607/1/4 City Clerk City of Seal Beach Approved: 1 ayor Attest: a Ad . kit City Clerk