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Home My WebLink AboutCC Min 2013-05-13 Seal Beach California May 13, 2013 Mayor Miller called the adjourned meeting of the Sea! Beach City Council to order at 6:00 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Miller; Council Members: Deaton, Levitt, Shanks Absent: Sloan City Staff: Jill R. Ingram, City Manager Quinn M. Barrow, City Attorney Linda Devine, City Clerk There were no members of the public present to address the City Council. 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 (PMA-POA) — GC §54957.6; Item "B" — Conference with Legal Counsel — Existing Litigation GC §54956.9(a) — City of Seal Beal v. Ruby's Diner — Case No. 30-2013-00640596-CU-BC-CJC; and Item "C" — Conference with Real Property Negotiators GC §54956.8. — 900-A Ocean Avenue (Dr. Thanh Nguyen). ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:55 p.m. The City Attorney reported at the regular meeting that the City Council met in closed session; received update information on the items on the agenda; and no other reportable action was taken. A • ai d sue fl�i Cit Clerk City of Seal Beach 0.0 Approved: _� Mayor Attest: LsiLi... I / / City Clerk Page 2 - City Council 05/13/13 Seal Beach California May 13, 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 Shanks led the Salute to the Flag. ROLL CALL I Present: Mayor Miller; Council: Deaton, Levitt, Shanks Absent: 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 Patrick Gallegos, Administrative Manager Linda Devine, City Clerk The City Manager asked that Councilman Sloan be excused from the meeting. Mayor Miller so ordered. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Deaton pulled item "I" from the consent calendar. Deaton moved, second by Shanks, to approve the agenda as amended. AYES: Deacon, Levitt, Miller, Shanks ABSENT: Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS * Peace Officers Memorial Week - May 12 — 18, 2013 * National Public Works Week— May 18 — 25, 2013 * CivicStone Inc. - Leisure World Bathroom Remodel Program (presentation) ORAL COMMUNICATIONS Mayor Miller opened oral communications. Speakers: 9 residents along Seal Way expressed their concerns about the code enforcement notice that they received informing them that their private property will be removed from public areas; Anne Seifert, Leisure World, requested the Council place on the agenda an item to discuss the City supporting the Tiger Grant application and matching funds; Margie Meigs, Golden Rain Road, stated her concerns with the health issue surrounding the flood channel in Leisure World; Seth Eaker, Seal Beach Chamber, indicated that the Chamber supports items "C" and "E"; and Joyce Parque, 6th Street, continued her request to have the Stanford professor speak on pensions — brought up concern of the bicycle speed on the bike/walk trail — referred to an article in the Leisure World newspaper. 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; received update information on the items on the closed session agenda; and no other reportable action was taken. Page - 3 City Council 05/13/13 CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager announced that due to the Memorial Day holiday the City Council meeting has been scheduled for Wednesday, May 29th COUNCIL COMMENTS Mayor Pro Tem Deaton asked to place on a future agenda to discuss the issue of the notice that was sent to residents along Seal Way informing them that benches and volleyball courts on public property (beach) will be removed and asked to place a hold on the removal of any benches or volleyball poles — Councilman Shanks stated that the agenda item be to discuss the ordinance that regulates the encroachment — Mayor Miller so ordered and requested that an opinion from the State and California Coastal Commission be included; and Deaton also announced that the 2013/14 parking permits are on sale. Councilman Levitt asked that the request from the resident in Leisure World regarding the Tiger Grant application and matching funds be placed on the next agenda for Council discussion due to deadline - Mayor Miller so ordered; and Levitt also announced that there will be a Memorial Day ceremony at Eisenhower Park on May 27th — Mayor Miller stated that there will be a ceremony at the Naval Weapons Station; Mayor Miller also requested information regarding the Pro Logis Project in the City of Cypress — Director of Community Development provided a brief update stating that the Prologis Project is a project to construct three industrial buildings in the City of Cypress along Katella and a draft environmental impact report (EIR) is being prepared — staff will be monitoring the process to determine if there will be any impact to Seal Beach. COUNCIL ITEMS No items at this time. CONSENT CALENDAR Deaton moved, second by Shanks, to approve the recommended actions on the consent calendar, except for item "I" pulled for separate consideration. The City Attorney read the title of Ordinance No. 1626 (item "D") for the record. Mayor Pro Tem Deaton indicated she would like the record to show that she voted no on item "D". AYES: Deaton, Levitt, Miller, Shanks ABSENT: Sloan NOES: None Motion carried "A. Approved the Minutes of the Regular City Council meeting of April 22, 2013. "B. Ratified the Demands on City Treasury. Warrants: 97973-98245 $1,360,183.96 Year-to-Date: $25,452,379.67 Payroll: Direct Deposits &Checks $337,015.50 Year-to-Date: $6,699,145.65 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *C. Adopted Resolution No. 6367 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REGARDING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND ENERGY TUBULARS, INC." - extend current agreement to December 31, 2013. *D. Adopted Ordinance No. 1626 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING MUNICIPAL CODE AMENDMENT 13-5 REGARDING NONCONFORMING USES" - amending Title 11 (zoning code) to add Section 11.4.40.070 — Nonconforming Light Manufacturing Uses or Structures in a Residential Zone. (Deaton voted no on this item) Page 4 - City Council 05/13/13 *E. Adopted Resolution No. 6368 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CIVICSTONE, INC. TO ADMINISTER THE REMAINING 2 YEARS OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LEISURE WORLD BATHROOM ACCESSIBILITY PROGRAM" - in the amount not to exceed $60,000. *F. Adopted the following Street Lighting Assessment District No. 1 (Fiscal Year 2013/2014) resolutions: Resolution No. 6369 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN, AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR STREET LIGHTING DISTRICT NO. 1"; Resolution No. 6370 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO. 1, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON"; and Resolution No. 6371 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO. 1". *G. Authorized the award of bid to National Business Furniture to purchase office furniture for the Seal Beach Police Department in the amount of $88,237.77. *H. Adopted Resolution No. 6372 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL RENEWING THE AGREEMENT WITH THE ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE FOR PROSECUTION SERVICES" - to continue prosecution services for a 5 year period commencing July 1, 2013 through June 30, 2018. *I. Pulled for separate consideration. (Deaton) *I. Fiscal Year 2012-2013 Fleet Replacement — Phase 2 — Adopt Resolution No. 6373 authorizing the City Manager to purchase replacement equipment for the City's fleet and approving Budget Modification No. 13-10-01 in the amount of $214,000 in additional funds for the purchase of replacement equipment. ITEMS REMOVED FROM THE CONSENT CALENDAR (ITEM "I" / RESOLUTION NO. 6373 / FLEET REPLACEMENT PROGRAM — PHASE 2 / BUDGET MODIFICATION NO. 13-10-01 Mayor Pro Tern Deaton pulled this item to personally thank the City Manager and Public Works staff for answering all her questions regarding the fleet replacement; especially the equipment to clean the pier. With no other discussion, Deaton moved, second by Shanks, to adopt Resolution No. 6373 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE PURCHASE OF REPLACEMENT EQUIPMENT FOR THE CITY'S FLEET, BUDGET MODIFICATION 13-10-01 IN THE AMOUNT OF $214,000, AND THE SURPLUSING OF EXISTING EQUIPMENT FOR FISCAL YEAR 2012-13" and authorized the City Manager to purchase replacement equipment for phase 2 of the Fleet Replacement Program. AYES: Deaton, Levitt, Miller, Shanks ABSENT: Sloan NOES: None Motion carried Page - 5 City Council 05/13/13 PUBLIC HEARING No items at this time. 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 8:11 p.m. in the memory of Paul Yamaguchi, Seal Beach Police Department Volunteer, to Wednesday, May 29, 2013 at 4:30 p.m. to meet in closed session. � a/)101 city Jerk City of Seal Beach Approved: ts a tAil , — Mayor • Attest: fl gt , City Clerk