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Home My WebLink AboutCC Min 2013-02-25 Seal Beach California February 25, 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 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 — Robert and Nancy Beck v. City of Seal Beach, Case No. 30-2012-00590726-CU-PT-CJC; Conference with Legal Counsel — GC §54956.9(b) — Anticipated Litigation — 1 case; and Public Employee Performance Evaluation — GC §54957 — City Attorney. The City Attorney reported at the regular meeting that the City Council met in closed session, discussed the items on the closed session agenda, and no reportable action was taken. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting Iat 6:53 p.m. . , Cr Clerk City of Seal Beach I1 Approved: ,1 V ' t W`__'_' T Mayor Attest: /t>, / ' City lerk I Page 2 - City Council 02/25/13 Seal Beach California February 25, 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 Sloan led the Salute to the Flag. • ROLL CALL ' Present: Mayor/Chair Miller; Council/Board Members: Deaton, Levitt, Shanks, Sloan City Staff: Quinn M. Barrow, City Attorney/Legal Counsel Jill R. Ingram, City Manager/Executive Director Sean P. Crumby, Assistant City Manager/Public Works Captain Tim Olson, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Victoria L. Beatley, Director of Finance/City Treasurer Jim Basham, Director of Community Development Patrick Gallegos, Administrative Manager Linda Devine, City Clerk/Secretary APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES City Manager noted that the contract in item "E" on the consent calendar was revised (reformatted numbering) and copies were available. Deaton moved, second by Sloan, to approve the agenda as presented. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS None at this time. ORAL COMMUNICATIONS Mayor Miller opened oral communications. Speakers: Seth Eaker, Run Seal Beach Committee, reminded everyone the 39th annual event will be on April 13th and Joyce Parque, 6th Street, handed out information to the City Council regarding state pensions and spoke on other issues. There being no other speakers, Mayor Miller declared oral communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney The City Attorney reported that the City Council met in closed session to discuss the four items on the agenda and no reportable action was taken. CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager introduced Assistant Planner, Crystal Landavazo —the Director of Community Development provided her background. COUNCIL COMMENTS Mayor Pro Tem Deaton announced she attended the Cypress College Americana Awards. Mayor Miller corrected the statement that was in the local newspaper regarding fishing on the pier; that he was not against fishing, but that he would like to have fishermen and visitors safely share the pier. CONSENT CALENDAR Sloan moved, second by Shanks, to approve the recommended actions on the consent calendar as presented. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page - 3 City Council 02/25/13 *A. Approved the Minutes of the Adjourned and Regular City Council meeting of February 11, 2013. *B. Ratified the Demands on City Treasury. Warrants: 96974-97177 $607,512.91 Year-to-Date: $20,229,454.58 Payroll: Direct Deposits & Checks $378,683.64 Year-to-Date: $4,955,894.64 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. `C. Received and filed the Monthly Investment Report: January 2013. `D. Adopted Resolution No. 6354 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY CONDITIONAL USE PERMIT 12-21 FOR A SHORT-TERM VACATION RENTAL AT 247 17th STREET, SEAL BEACH (CUP 12-21)". *E. Adopted Resolution No. 6355 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING A SEWER CLEANING CONTRACT TO EMPIRE PIPE CLEANING AND EQUIPMENT INCORPORATED". (in the amount of $320,310) `F. Adopted Resolution No. 6356 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT FOR THE CITY'S FLEET AND THE SURPLUSING OF EXISTING VEHICLES AND EQUIPMENT FOR FISCAL YEAR 2012-13" - authorizing the City Manager to purchase replacement vehicles and equipment for the City's fleet (Phase 1) and approving Budget Modification No. 13-08-02. 111 ITEMS REMOVED FROM THE CONSENT CALENDAR No items removed from consent calendar. PUBLIC HEARING ITEM "G" / APPEAL OF CONDITIONAL USE PERMIT 12-15 / 546 OCEAN AVENUE / SHORT TERM VACATION RENTAL (Continued from the January 28, 2013 City Council meeting and re-noticed) Mayor Miller stated this was the time and place for the public hearing for consideration of agenda item "G" — Appeal of Planning Commission decision denying Conditional Use Permit 12-15 - short term vacation rental at 546 Ocean Avenue. 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 12-15 for 546 Ocean Avenue, 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 12-15. The Mayor provided the applicant's representative the opportunity to speak. Robert Beck, representing the applicant, stated the case for the appeal of the Planning Commission decision to deny the request for a CUP 12-15 (short term 111 vacation rental) for the property located at 546 Ocean Avenue in Seal Beach; there were 6 speakers requesting that the Council uphold the Planning Commission's decision in the denial of CUP 12-15. John Lima, one of the partners of the entity that owns the property, provided remarks and answered City Council questions regarding the appeal and Mr. Beck made final comments regarding the police calls and stated there was no evidence, documentation, or proof for the denial. There were no other speakers - Mayor Miller closed the public hearing. The City Attorney introduced the following into the record: all the documents; the staff report and all attachments (including emails given to the Planning Commission and call for service from the police department); the Page 4 - City Council 02/25/13 documentation submitted by the applicant and his attorney; and an email given to the City Council after the agenda was distributed. 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- 15 for a short term vacation rental at 546 Ocean Avenue (Lima). The City Attorney stated that the resolution will be on the March 11th agenda for Council consideration. AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSTAIN: Levitt Motion carried With no objections, Mayor Miller called for a recess at 8:17 p.m. and reconvened the meeting at 8:27 p.m. UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS ITEM "H" / FISCAL YEAR 2013 MID-YEAR BUDGET REVIEW The Director of Finance/City Treasurer provided the mid-year budget review presentation which included the following: General Fund revenue; top 5 sources of revenue; property tax summary; utility users tax; sales tax summary; property tax in lieu of vehicle license fees; transient occupancy tax; General Fund expense; budget modifications; and stated that the revenues and expenses are in line with expectations. The City Manager added that the City Council, at their annual goal setting session, defined as one of the core goals was to have financial stability and under that was to renew the labor contracts to address 111 pension costs and enact the pension reforms to protect the City's long term financial sustainability as well as maintain and attract quality employees — thanked and commended the employees for stepping up and agreeing to the employees contributing 7% of pension costs over the next 4 years. With no objections, Mayor Miller so ordered to receive and file the staff report and presentation. Mayor Miller recessed the City Council to the Successor Agency meeting. SUCCESSOR AGENCY MATTERS Chair Miller called the Successor Agency meeting to order at 8:45 p.m. With no objections, Chair Miller stated that all items be approved with one motion. Sloan moved, second by Levitt, to approve the recommended actions as presented. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried 1. Approved the Minutes of the Successor Agency to the Seal Beach Redevelopment Agency meeting of January 14, 2013 and January 28, 2013. 2. Ratified the Demands on Successor Agency Funds. Warrants: 113-114 $3,646.40 Year-to-Date: $1,663,769.50 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. 3. Adopted Resolution No. SA13-01 entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE CITY OF SEAL BEACH REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 FOR THE SIX-MONTH FISCAL PERIOD COMMENCING JULY 1, 2013 AND ENDING DECEMBER 31, 2013, AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH". With no objections, Chair Miller adjourned the Successor Agency meeting and reconvened the City Council meeting. Page - 5 City Council 02/25/13 ADJOURNMENT With no objections, Mayor Miller adjourned the City Council meeting at 8:46 p.m. to Thursday, February 28, 2013 at 9:00 a.m. to meet in City Council Goal Setting Session at Fire Station No. 48 located at 3131 North Gate Road; Seal Beach, CA. 4, ,.L Ci Clerk City of Seal Beach I , C Approved: A Mayor Attest: O AI A JL a. .:/L City Clerk 1