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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.