HomeMy WebLinkAboutCC AG PKT 2013-08-12 #AAGENDA STAFF REPORT
DATE: August 12, 2013
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Linda Devine, City Clerk
SUBJECT: APPROVAL OF CITY COUNCIL MINUTES
SUMMARY OF REQUEST:
Approve the minutes for the adjourned and regular City Council meeting of
July 22, 2013.
BACKGROUND AND ANALYSIS:
This section does not apply to this item.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no Financial Impact.
RECOMMENDATION:
Approve the minutes for the adjourned and regular City Council meeting of
July 22, 2013.
SUBMITTED BY:
a Devine, y Clerk
NOTED AND APPROVED:
ngra , City ger
Agenda Item A
Seal Beach California
July 22, 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:
City Staff:
Mayor Miller; Council Members: Deaton, Levitt, Shanks, Sloan
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
items identified on the closed session agenda: Item "A" — Conference with Labor
Negotiator — GC §54957.6 — Police Management Association and Police Officers
Associations; item "B" — Conference with Real Property Negotiators — GC
§54956.8 — 900 -A Ocean Avenue (Enthaice LLC); item "C" — Conference with
Real Property Negotiators — GC §54956.8 — 900 -A Ocean Avenue (MDK); item
"D" — Conference with Legal Counsel — Anticipated Litigation - GC §54956.9(b) —
2 cases; and item "E" Conference with Legal Counsel — Existing Litigation - GC
§54956.9(a) Beck v. City of Seal Beach, OC Superior Court, Case No. 30 -2012-
00590726-CU-PT-CJC.
ADJOURNMENT
It was the order of the Mayor, with consent of the Council to adjourn the meeting
at 6:56 p.m.
The City Attorney reported at the regular meeting that the City Council met at 6:00 p.m. in closed
session to discuss the items on the agenda: Item "A"- gave direction to labor negotiator; Items
"D" and "E" - gave direction to legal counsel; and did not discuss items "B" and "C ". No other
reportable action was taken.
Approved:
Mayor
Attest:
City Clerk
City Clerk
City of Seal Beach
Seal Beach California
July 22.2013
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
Present: Mayor Miller; Council: Deaton, Levitt, Shanks, Sloan
City Staff: Quinn M. Barrow, City Attomey
Jill R. Ingram, City Manager
Chief Joe Stilinovich, Seal Beach Police Department
Chief Joe BaiIey, Marine Safety/Lifeguard
Sean F. Crumby, Director of Public Works
Victoria L. Buot|uy, Director of Finance/City Treasurer
Jim Bosham, Director of Community Development
Patrick Gailegos, Administrative Manager
Linda Devine, City Clerk
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
& ORDINANCES
The City Manager announced non-substantive changes to items on the consent
calendar: item "G" (School Resource Officer reimbursement agreement)
language was added to clarify approval is pending the City of Los Alamitos and
the Los Alamitos Unified School approving their agreement and the resolution
number should be 6390 and; item ^|^ (massage ordinance) ordinance will be
renumbered to be consistent with other chapters in the code; and item "L"
(Iandscape service agreement) was missing page 3 (copies available at the City
Clerk's desk and on the City's website).
Councilman Levitt pulled items "G" and 1f' from the consent calendar for
separate consideration. Deaton movod, second by Ghanko, to approve the
agenda as amended.
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None
PRESENTATIONS/RECOGNITIONS
None at this time.
Motion carried
ORAL COMMUNICATIONS
Mayor MHIer opened oral communications. Speakers: Seth Eaker, representing
the Lion's Club and Chamber of Commerce, announced that the Fish Fry brought
in over $60,000 and served over 7,000 people and stated the Chamber's position
on items '1^ (massage ordinance) — ''J" (2013 Parks & Community Services
Master Plan) —^K4^(ZMA13-4)—^N'' (consulting services agreement) —^O^(MCA
13-7 encroachment); 11 speakers opposed item "M" (Accurate Storage site for
rezoning) and 3 spoke in favor; 7 speakers in favor of keeping the benches (item
'0" — amend code regardirig encroachments on the beach) and 1 opposed; and
Pat Roon, Pansy Cinc|u, expressed her thoughts on articles regarding city
planning and HUD. There being no other speakers, Mayor Miller declared oral
communications closed.
With no objections, Mayor Miller called for a recess at 8:13 p.m. and reconvened
the meeting at 8:25 p.m.
Page 2 - City Council 07/22/13
CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney
The City Attorney reported that the City Council met at 6:00 p.m. in closed
session to discuss the items on the agenda: Item "A" — gave direction to labor
negotiator; Items "D" and "E" — gave direction to legal counsel; and did not
discuss items "B" and "C ". No other reportable action was taken.
CITY MANAGER REPORT Jill R. Ingram, City Manager
No report at this time.
COUNCIL COMMENTS
Councilman Sloan congratulated Seal Beach Police Corporal Phil Gonshak on
his promotion to Sergeant; Mayor Pro Tem Deaton thanked the public works staff
for the pier cleaning and stated she enjoyed the fish fry; and Mayor Miller
commented on the traffic issue along Seal Beach Boulevard due to all the road
construction and indicated that staff is working with OCTA (Orange County
Transportation Authority) and Cal Trans on the concerns.
COUNCIL ITEMS
ITEM "A" / VOTING DELEGATE AND ALTERNATE(S) FOR THE 2013 LEAGUE
OF CALIFORNIA CITIES ANNUAL CONFERENCE
The City Manager provided a brief staff report. Sloan moved, second by Deaton,
to designate Mayor Miller as the City's voting delegate and Councilman Levitt as
the alternate.
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
CONSENT CALENDAR
Deaton moved, second by Sloan, to approve the recommended actions on the
consent calendar as presented except for items "G" and "H" pulled for separate
consideration. The City Attorney read the title of Ordinance No. 1630 (item "I ")
for the record.
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
*B. Approved the Minutes of the adjourned and regular City Council meeting
of July 8, 2013.
`C. Ratified the Demands on City Treasury.
Warrants: 99075 -99289 $3,069,403.08 Year -to -Date: $3,069,403.08
Payroll: Direct Deposits & Checks $416,392.37 Year -to -Date: $ 416,392.37
Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals.
`D. Adopted Resolution No. 6387 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL APPROVING THE FISCAL YEAR 2013 -2014
ANNUAL SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT
NO. 2002 -01 (HERON POINTE) ".
`E. Adopted Resolution No. 6388 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL APPROVING THE FISCAL YEAR 2013 -2014
ANNUAL SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT
NO. 2002 -02 (SEAL BEACH BOULEVARD /LAMPSON AVENUE
LANDSCAPE MAINTENANCE DISTRICT) ".
`F. Adopted Resolution No. 6389 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL APPROVING THE FISCAL YEAR 2013 -2014
ANNUAL SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT
NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) ".
Page - 3 City Council 07/22/13
*G. Pulled for separate consideration. (Levitt)
*G. School Resource Officer Reimbursement Agreement — Adopt
Resolution No. 6390 approving the agreement with the City of Los
Alamitos to reimburse on an annual basis at a maximum of 25% of the
cost of the School Resource Officer provided to the Los Alamitos Unified
School District - the first year amount shall not exceed $44,750.
*H. Pulled for separate consideration. (Levitt)
*J.
*H. Seal Beach Classification Plan — Adopt Resolution No. 6391
amending the Classification Plan, adding the classification for Building
Division — 4 staff positions; and adopt Resolution No. 6392 designating
the pay grade and status for the 4 staff positions.
Adopted 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 ". (Municipal Code
Amendment (MCA) 13 -6 repealing in its entirety)
Adopted the proposed 2013 Parks & Community Services Master Plan.
*K. Rejected all bids for the Ocean Avenue Alley Waterline and Sewer
Replacement Project WT1401 and authorized staff to re- advertise the
project.
*L. Adopted Resolution No. 6393 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL AWARDING A CONTRACT TO
SPECTRUMCARE LANDSCAPE, INC. FOR LANDSCAPE
MAINTENANCE SERVICES, AND APPROVE BUDGET AMENDMENT
NO. 14 -01 -01 IN THE AMOUNT OF $82,500" — awarding a 3 year
contract in the amount of $481,107 per year.
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "G" / RESOLUTION NO. 6390 / SCHOOL RESOURCE OFFICER (SRO)
REIMBURSEMENT AGREEMENT / CITY OF LOS ALAMITOS (Levitt)
Councilman Levitt received clarification from the City Manager on this item.
Levitt moved, second by Deaton, to adopt Resolution No. 6390 entitled "A
RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A
SCHOOL RESOURCE OFFICER REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF LOS ALAMITOS AND THE CITY OF SEAL BEACH" - reimburse
on an annual basis at a maximum of 25% of the cost of the SRO provided to the
Los Alamitos Unified School District - the first year amount shall not exceed
$44,750 — approval pending of the Agreement between the Los Alamitos Unified
School District and City of Los Alamitos.
ITEM "H" / RESOLUTION NO. 6391 AND RESOLUTION NO. 6392 /
CLASSIFICATION PLAN / BUILDING DIVISION STAFF (Levitt)
Councilman Levitt received clarification from the Director of Community
Development on this item.
Levitt moved, second by Shanks, to adopt Resolution No. 6391 entitled "A
RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN
AMENDMENT TO THE CLASSIFICATION PLAN BY ADDING THE
CLASSIFICATIONS OF BUILDING OFFICIAL, BUILDING INSPECTOR, CODE
ENFORCEMENT OFFICER, AND SENIOR BUILDING TECHNICIAN"
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
Page 4 - City Council 07/22/13
Levitt moved, second by Miller, to adopt Resolution No. 6392 entitled "A
RESOLUTION OF THE SEAL BEACH CITY COUNCIL DESIGNATING THE
PAY GRADES OF BUILDING OFFICIAL (Grade 38), BUILDING INSPECTOR
(Grade 19), CODE ENFORCEMENT OFFICER (Grade 15), AND SENIOR
BUILDING TECHNICIAN (Grade 11) CLASSIFICATIONS ON THE REGULAR
EMPLOYEES PAY STRUCTURE ".
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
PUBLIC HEARING
No items at this time.
UNFINISHED /CONTINUED BUSINESS
ITEM "M" / POTENTIAL DEVELOPMENT ANALYSIS / SECOND READING —
ORDINANCE NO. 1629
The Director of Community Development stated that the City Council asked staff
to provide a site analysis of the Accurate Storage site, applying the current
Municipal Code requirements, for single - family and multi - family development.
After Council deliberation, Sloan moved, second by Shanks, to receive and file
the staff report and waive further reading and adopt Ordinance No. 1629 entitled
AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONING MAP
AMENDMENT 13 -4 TO DESIGNATE THE PROPERTY LOCATED AT 1011
SEAL BEACH BOULEVARD FOR RESIDENTIAL HIGH DENSITY USE ". The
City Attorney read the title for the record.
AYES: Levitt, Miller, Shanks, Sloan
NOES: Deaton Motion carried
Mayor Pro Tem Deaton requested that staff explore mitigation of the property be
done that may include a Planned Unit Development (PUD). The City Manager
responded that some Council members will be on vacation in the next couple of
months and would like to have it on an agenda that all 5 members are present —
without objection, the Mayor so directed staff to place on a future agenda. The
City Attorney clarified that this be within the confines of what the State
Department of Housing and Community Development would accept.
ITEM "N" / RESOLUTION NO. 6394 / CONSULTING SERVICES AGREEMENT /
JH DOUGLAS & ASSOCIATES
The City Council's decision not to move forward to analyze the potential
environmental impacts of rezoning the Marina Park Expansion Site for high
density residential use; this item was pulled from the agenda and not considered
because the services are not needed at this time.
ITEM "O" / ORDINANCE NO. 1631 / MUNICIPAL CODE AMENDMENT (MCA)
13 -7 / TITLE 9 — SECTION 9.05.40.025 — ENCROACHMENTS
The Director of Community Development reported that the ordinance before the
City Council was at the request of the Council that permits the City installed
volleyball poles to remain on the dry sand of the beach and add provisions to the
code that would allow benches and similar encroachments on a temporary, daily
basis. The City Council deliberated the issue and could not come to a
consensus.
Shanks moved, second by Deaton, to send the issue to the Recreation and
Parks Commission to study and provide a recommendation to the City Council.
Mayor Pro Tem Deaton requested that the following be included in the
Commission's discussion: 1) encroachment permits; 2) table dedications; 3) city
tables; 4) maintenance outlined; and /or 5) do nothing.
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
Page - 5 City Council 07/22/13
NEW BUSINESS
No items at this time.
ADJOURNMENT
With no objections, Mayor Miller adjourned the City Council meeting at 9:22 p.m.
to Monday, August 12, 2013 at 6:00 p.m. to meet in closed session, if deemed
necessary.
Approved:
Mayor
Attest:
City Clerk
City Clerk
City of Seal Beach
NOTICE: The following document has not been approved for accuracy and may be corrected, modified or amended before final
approval. Because it is being made available prior to final action, it should not be considered a true record of the meeting. It is not
the official Minutes of the City Council and cannot be relied on or used as an official record of the proceedings. Although the City
of Seal Beach makes every effort to see that proper notes are taken at a meeting, and although draft Minutes are generally
approved as submitted, changes and corrections are sometimes made before a final version is approved. The City therefore
makes no warranty, expressed or implied, as to the contents of this document. Once Official Minutes have been approved, a copy
can be obtained from the City Clerk.