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Home My WebLink AboutCC Min 2013-07-08 Seal Beach California July 8, 2013 Mayor Miller called the adjourned meeting of the Seal 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, Sloan City Staff: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager 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 item identified on the closed session agenda: Item "A" — Conference with Real Property Negotiators — GC §54956.8 — Property: Electric Avenue Railroad Right- of-Way— Negotiating Parties: General Services Administration. The City Attorney reported that the City Council gave direction to their property negotiators. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:38 p.m. City,Clerk City of Seal Beach Approved: ('1/ ' ' Mayor Attest: _J 4... City Clerk 1 Page 2 - City Council 07/08/13 Seal Beach California July 8, 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. Mayor Miller asked for a moment of silence for former resident Kevin Woyjeck and the other fallen firefighters of the Yarnell Hill fire in 0 Arizona. ROLL CALL Present: Mayor Miller; Council: Deaton, Levitt, Shanks, Sloan City Staff: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager Chief Joe Stilinovich, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Sean P. Crumby, Director of Public Works Victoria L. Beatley, Director of Finance/City Treasurer Jim Basham, Director of Community Development Patrick Gallegos, Administrative Manager Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Shanks moved, second by Deaton, to approve the agenda as presented. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS Y Run Seal Beach —Awarding 2013 Grants Run Seal Beach has raised $1,003,000 over the last 11 years and this year raised $177,850 and awarded 97 grants — next year's event is scheduled for Saturday, April 5, 2014. ORAL COMMUNICATIONS Mayor Miller opened oral communications. Speakers: 18 speakers expressed their opinions regarding privately owned benches and tables on the sand along Seal Way; 9 speakers stated their opposition to the Accurate Storage site rezoning and 2 speakers said the Rossmoor site should not be reconsidered; Carla Watson, Founder's committee, announced this year's celebration is scheduled for October 6, 2013; Seth Eaker, representative for the Seal Beach Chamber of Commerce, commented that the Chamber supports items "A" and "D" and takes no position on items "E" and "F"; Deb Machen, Seal Beach Chamber of Commerce - president, thanked staff and Run Seal Beach for their support; Maria Fattal, representing the Seal Beach Swim Club, stated they support the staff's recommendation for item "A"; Laura Ellsworth, member of the Memorial Committee, urged approval of the recommended design and location (item "F"); and Patty Campbell, College Park East Neighborhood Association, thanked Mayor Miller, Councilman Levitt, and Police Chief Stilinovich for their participation in their 4th of July event. There being no other speakers, Mayor Miller declared oral communications closed. Mayor Pro Tem Deaton requested the bench issue be placed on the next agenda in order for the City Council to discuss how to best resolve the concerns or to direct to the Recreation and Parks Commission to provide a recommendation to the Council. Councilman Sloan reiterated his position on the reconsideration of the Rossmoor Center site being designated for high density housing. • Page - 3 City Council 07/08/13 With no objections, Mayor Miller recessed the meeting at 8:54 p.m. and reconvened the meeting at 9:06 p.m. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report at this time. CITY MANAGER REPORT Jill R. Ingram, City Manager No report at this time. COUNCIL COMMENTS Councilman Shanks stated he is in favor of benches and volleyball courts on the beach and it is the Council's responsibility to remove restrictions in the code. Mayor Pro Tem Deaton said that the Council should be careful when "tinkering" with issues in Old Town but should listen to the people and announced the summer concerts start this Wednesday and that no chairs can be placed in Eisenhower Park until 4:00 p.m.; Councilman Levitt concurred that the City Council will revisit the bench issue; and Mayor Miller stated his concerns about private property on the public beach, announced a meeting regarding the 405 Freeway Project (supplemental EIR) is scheduled for July 9th at the North Seal Beach Community Center, and opposed the reconsideration of the Rossmoor Center site for potential residential high density re-zoning. ITEM "A" / FLAT MONTHLY RATE FOR YEAR-ROUND POOL RENTAL / SEAL BEACH SWIM CLUB (Shanks) The Marine Safety Chief reported that after doing an informal survey, staff recommends that a fair and equitable flat rate of $550 per month for the Seal Beach Swim Club to use the McGaugh pool. Shanks moved, second by Deaton, to establish a flat monthly rate of $550 per month for the Seal Beach Swim Club to rent the McGaugh pool. The City Manager stated that a Facilities License Agreement with the Seal Beach Swim Club for long term use of the McGaugh pool will be on a future agenda. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR Deaton 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 *B. Approved the Minutes of the Joint City Council and Recreation & Parks Commission Study Session, Adjourned City Council meeting, and Joint Regular meeting of the City Council and the Successor Agency for the former Seal Beach Redevelopment Agency of June 24, 2013. `C. Ratified the Demands on City Treasury. Warrants: 98760-99074 $2,630,192.20 Year-to-Date: $31,416,285.47 Payroll: Direct Deposits & Checks $785,044.35 Year-to-Date: $8,534,899.95 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. ITEMS REMOVED FROM THE CONSENT CALENDAR No items were removed from the consent calendar. PUBLIC HEARING Mayor Miller stated this was the time for consideration of item "D" public hearing. The Director of Community Development presented the staff report stating that due to new state legislation the City is amending the municipal code repealing the existing massage regulations and to incorporate the new regulatory requirements. Mayor Miller opened the public hearing for public comments. Page 4 - City Council 07/08/13 There were no speakers. Mayor Miller closed the public hearing. Shanks moved, second by Deaton, to introduce the first reading of Ordinance No. 1630 entitled AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 5.45 AND TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE REGARDING MASSAGE" — The City Attorney read the title for the record and stated the second reading and adoption will be placed on the July 22, 2013 Council agenda. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED/CONTINUED BUSINESS ITEM "E" / FEASIBILITY ANALYSIS FOR ALTERNATIVE RESIDENTIAL HIGH DENSITY REZONE SITE / PROPERTY ADJACENT TO MARINA PARK The Director of Community Development stated that at the request of the City Council, staff contacted Chevron to inquire whether they would allow the City to conduct a phase 1 and/or phase 2 site assessment on their property and was told that they would not allow this to be done. The 4.3 acres property is zoned OE (oil extraction) and because the amount of contamination on the property is unknown the State Department of Housing and Community Development (HCD) may not see this property viable as a suitable site. The Director explained what is required to complete the process for the current certified Housing Element and what the delay would be on the certification of the 2013-2021 Housing Element. After Council deliberation; Miller moved, second by Levitt, to provide the City Council with a cost estimate for an Initial Study for the Marina site to be designated for Residential High Density zoning. AYES: Deaton, Levitt, Miller NOES: Shanks, Sloan Motion carried After further discussion and with no objections, Mayor Miller so ordered that staff provide a site analysis of the Accurate Storage site and to agendize for Council consideration the second reading and adoption of Ordinance No. 1629. ITEM "F" / MEMORIAL COMMITTEE UPDATE The Recreation Manager provided an update on the Memorial Committee recommendation for the design and placement of the permanent memorial honoring the lives lost and affected by the October 12, 2011 Salon Meritage tragedy; stated that the Recreation and Parks Commission reviewed and supported the recommendation; and the next step is to raise the funds needed to start the project (approximately $100,000). The City Manager indicated that an option for the City Council would be to direct staff to come back with a cost estimate for the design and a budget amendment to fund the project and begin work on the project immediately. Council comments: Need to proceed and find a mechanism to raise funds; understanding that this was to be a community fund raising project; consider the Memorial Committee to head up the fund raising efforts; give the community the opportunity to participate and see how the fund raising efforts are proceeding by mid-year budget; does not agree with and cannot support the selection of Eisenhower Park as the best site for the memorial, can support the City providing funds for the project, but would prefer community donations; the committee did a site visit for both the 15t Street parking lot and Eisenhower Park; would prefer the Electric Avenue greenbelt area; and need to honor the committee's recommendation. Deaton moved, second by Levitt, directing the City Manager to proceed with the recommended project, establish a donation account, coordinate a community committee to raise the funds, publicize the donation efforts, and keep the City Council informed on the progress of the fund raising. The City Manager clarified that staff will contact the original Memorial Committee as well as other community groups to see what kind of response is received and Page - 5 City Council 07/08/13 if there is not the support to not wait for the mid-year budget but to come back to Council with the cost estimate and a request for a budget amendment to fund the project. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried NEW BUSINESS No items at this time. ADJOURNMENT Mayor Miller adjourned the City Council in the memory of former Seal Beach resident and wildland firefighter Kevin Woyjeck and the other 18 firefighters killed in the Yarnell Hill fire in Arizona. With no objections, Mayor Miller adjourned the City Council meeting at 10:27 p.m. to Monday, July 22, 2013 at 6:00 p.m. to meet in closed session, if deemed necessary. #1,444: A_ 1 /As.A , ity lerk City of Seal Beach 1 • Approved: C-Wt V `t ayor Attest: ��i i� a , _IL w_ ' Ci y Clerk